II 

Calendar No. 461

108TH CONGRESS 

2D SESSION S. 2144

[Report No. 108–248] 

To authorize appropriations for the Department of State and international 

broadcasting activities for fiscal year 2005, for the Peace Corps for 

fiscal years 2005 through 2007, for foreign assistance programs for 

fiscal year 2005, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 27, 2004

Mr. LUGAR introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

MARCH 18, 2004

Reported, under authority of the order of the Senate of March 12, 2004, by 

Mr. LUGAR, with amendments 

[Omit the part struck through and insert the part printed in italic] 

A BILL

To authorize appropriations for the Department of State 

and international broadcasting activities for fiscal year 

2005, for the Peace Corps for fiscal years 2005 through 

2007, for foreign assistance programs for fiscal year 

2005, and for other purposes.

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

2 This Act may be cited as the ‘‘Foreign Affairs Au3 thorization Act, Fiscal Year 2005’’. 

4 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

5 CONTENTS. 

6 (a) DIVISIONS.—This Act is organized into two divi7 sions as follows: 

8 (1) Division A—Foreign Relations Authoriza9 tions. 

10 (2) Division B—Foreign Assistance Authoriza11 tions. 

12 (b) TABLE OF CONTENTS.—The table of contents for 

13 this Act is as follows:

Sec. 1. Short title. 

Sec. 2. Organization of Act into divisions; table of contents. 

Sec. 3. Definitions. 

DIVISION A—FOREIGN RELATIONS AUTHORIZATIONS 

Sec. 100. Short title. 

TITLE I—AUTHORIZATIONS OF APPROPRIATIONS 

Subtitle A—Department of State 

Sec. 101. Administration of foreign affairs. 

Sec. 102. United States educational, cultural, and public diplomacy programs. 

Sec. 103. International organizations and conferences. 

Sec. 104. International commissions. 

Sec. 105. Migration and refugee assistance. 

Subtitle B—United States International Broadcasting Activities 

Sec. 111. Authorizations of appropriations. 

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND 

ACTIVITIES 

Subtitle A—Basic Authorities and Activities 

Sec. 201. Interference with protective functions. 

Sec. 202. Authority to issue administrative subpoenas. 
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Sec. 203. Enhanced Department of State authority for uniformed security officers. 

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

Sec. 205. Reimbursement from United States Olympic Committee. 

Sec. 206. International Litigation Fund.

Sec. 207. Victims of crime in foreign countries.

Subtitle B—Educational, Cultural, and Public Diplomacy Authorities 

Sec. 211. Authority to promote biotechnology. 

Sec. 212. The United States Diplomacy Center. 

Sec. 213. Latin America Civilian Government Security Program. 

Sec. 214. Extension of the Advisory Committee on Cultural Diplomacy.

TITLE III—ORGANIZATION AND PERSONNEL OF THE 

DEPARTMENT OF STATE 

Sec. 301. Fellowship of Hope Program. 

Sec. 302. Cost-of-living allowances. 

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

Foreign Service annuitants. 

Sec. 304. Home leave. 

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

Sec. 306. Suspension of Foreign Service members without pay. 

Sec. 307. Claims for lost pay. 

Sec. 308. Repeal of requirement for recertification process for members of the 

Senior Foreign Service. 

Sec. 309. Deadline for issuance of regulations regarding retirement credit for 

Government service performed abroad. 

Sec. 310. Separation of lowest ranked Foreign Service members. 

Sec. 311. Disclosure requirements applicable to proposed recipients of the personal rank of ambassador or minister. 

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

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

Sec. 314. Clarification of Foreign Service Grievance Board procedures.

Sec. 315. Refugee Response Teams.

TITLE IV—INTERNATIONAL ORGANIZATIONS 

Sec. 401. Limitation on the United States share of assessments for United Nations peacekeeping operations after calendar year 2004. 

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

Sec. 403. Membership on United Nations councils and commissions. 

TITLE V—DESIGNATION OF FOREIGN TERRORIST 

ORGANIZATIONS 

Sec. 501. Designation of foreign terrorist organizations. 

TITLE VI—STRENGTHENING UNITED STATES OUTREACH 

Subtitle A—Public Diplomacy 

Sec. 601. Plans, reports, and budget documents. 

Sec. 602. Training. 

Sec. 603. Report on foreign language briefings. 
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Subtitle B—Strengthening United States Educational and Cultural Exchange 

Programs in the Islamic World 

Sec. 611. Definitions. 

Sec. 612. Expansion of educational and cultural exchanges. 

Sec. 613. Secondary exchange program. 

Sec. 614. Authorization of appropriations. 

Subtitle C—Fellowship Program 

Sec. 621. Short title. 

Sec. 622. Fellowship program. 

Sec. 623. Fellowships. 

Sec. 624. Administrative provisions. 

TITLE VII—INTERNATIONAL PARENTAL CHILD ABDUCTION 

PREVENTION 

Sec. 701. Short title. 

Sec. 702. Inadmissibility of aliens supporting international child abductors and 

relatives of such abductors. 

TITLE VIII—MISCELLANEOUS PROVISIONS 

Sec. 801. Repeal of requirement for semiannual report on extradition of narcotics traffickers. 

Sec. 802. Technical amendments to the United States International Broadcasting Act of 1994. 

Sec. 803. Fellowships for multidisciplinary training on nonproliferation issues. 

Sec. 804. Requirement for report on United States policy toward Haiti. 

Sec. 805. Limitation on use of funds relating to United States policy with respect to Jerusalem as the capital of Israel. 

Sec. 806. Requirement for additional report concerning efforts to promote 

Israel’s diplomatic relations with other countries. 

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

Sec. 808. Middle East Broadcasting Network. 

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

Sec. 810. Extension of authorization of appropriation for the United States 

Commission on International Religious Freedom. 

Sec. 811. Sense of the Senate regarding the visa waiver program. 

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

Sec. 813. Requirement to submit to Congress findings under the Diplomatic Security Act. 

Sec. 814. Combatting piracy of United States copyrighted materials. 

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

Sec. 816. Education of dependents of Broadcasting Board of Governors personnel 

stationed in the Commonwealth of the Northern Mariana Islands.

TITLE IX—PEACE CORPS CHARTER FOR THE 21ST CENTURY 

Sec. 901. Short title. 

Sec. 902. Findings. 

Sec. 903. Definitions. 

Sec. 904. Strengthened independence of the Peace Corps. 

Sec. 905. Reports and consultations. 
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Sec. 906. Increasing the number of volunteers. 

Sec. 907. Special volunteer recruitment and placement for countries whose governments are seeking to foster greater understanding between 

their citizens and the United States. 

Sec. 908. Global infectious diseases initiative. 

Sec. 909. Peace Corps National Advisory Council. 

Sec. 910. Readjustment allowances. 

Sec. 911. Programs and projects of returned Peace Corps volunteers to promote the goals of the Peace Corps. 

Sec. 912. Authorization of appropriations. 

DIVISION B—FOREIGN ASSISTANCE AUTHORIZATIONS 

Sec. 2001. Short title. 

TITLE XXI—AUTHORIZATION OF APPROPRIATIONS 

Subtitle A—Development Assistance and Related Programs Authorizations 

Sec. 2101. Development assistance. 

Sec. 2102. Child Survival and Health Programs Fund. 

Sec. 2103. Development credit authority. 

Sec. 2104. Program to provide technical assistance to foreign governments and 

foreign central banks of developing or transitional countries. 

Sec. 2105. International organizations and programs. 

Sec. 2106. Continued availability of certain funds withheld from international 

organizations. 

Sec. 2107. International disaster assistance. 

Sec. 2107. International disaster and famine assistance.

Sec. 2108. Transition initiatives. 

Sec. 2109. Assistance for the independent states of the former Soviet Union. 

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

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

Development. 

Sec. 2112. Capital investment funds for the United States Agency for International Development. 

Sec. 2113. Millennium Challenge assistance. 

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

Fund.

Sec. 2115. Bilateral debt relief for Democratic Republic of Congo under Heavily 

Indebted Poor Country Initiative.

Sec. 2116. Tropical forest conservation.

Subtitle B—Counternarcotics, Security Assistance, and Related Programs 

Authorizations 

Sec. 2121. International narcotics control and law enforcement. 

Sec. 2122. Economic support fund. 

Sec. 2123. International military education and training. 

Sec. 2124. Peacekeeping operations. 

Sec. 2125. Nonproliferation, anti-terrorism, demining, and related assistance. 

Sec. 2126. Foreign military financing program. 

Subtitle C—Independent Agencies Authorizations 

Sec. 2131. Inter-American Foundation. 

Sec. 2132. African Development Foundation. 
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TITLE XXII—AMENDMENTS TO GENERAL FOREIGN ASSISTANCE 

AUTHORITIES 

Subtitle A—Foreign Assistance Act Amendments and Related Provisions 

Sec. 2201. Development policy. 

Sec. 2202. Assistance for nongovernmental organizations. 

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

Sec. 2204. Authority to accept lethal excess property. 

Sec. 2205. Reconstruction assistance under international disaster assistance authority. 

Sec. 2205. Reconstruction and famine assistance under international disaster assistance authority.

Sec. 2206. Funding authorities for assistance for the independent states of the 

former Soviet Union. 

Sec. 2207. Waiver of net proceeds resulting from disposal of United States defense articles provided to a foreign country on a grant basis. 

Sec. 2208. Transfer of certain obsolete or surplus defense articles in the war 

reserve stockpiles for allies to Israel. 

Sec. 2209. Additions to war reserve stockpiles for allies for fiscal years 2004 

and 2005. 

Sec. 2210. Restrictions on economic support funds for Lebanon. 

Sec. 2211. Administration of justice. 

Sec. 2212. Demining programs. 

Sec. 2213. Special waiver authority. 

Sec. 2214. Prohibition of assistance for countries in default. 

Sec. 2215. Military coups. 

Sec. 2216. Designation of position for which appointee is nominated. 

Sec. 2217. Exceptions to requirement for congressional notification of program 

changes. 

Sec. 2218. Commitments for expenditures of funds. 

Sec. 2219. Alternative dispute resolution. 

Sec. 2220. Administrative authorities. 

Sec. 2221. Assistance for law enforcement forces. 

Sec. 2222. Special debt relief for the poorest countries. 

Sec. 2223. Congo Basin Forest Partnership. 

Sec. 2224. Landmine clearance programs. 

Sec. 2225. Middle East Foundation. 

Sec. 2226. Database of United States military assistance.

Sec. 2227. Millennium Challenge assistance for certain countries.

Subtitle B—Arms Export Control Act Amendments and Related Provisions 

Sec. 2231. Thresholds for advance notice to Congress of sales or upgrades of 

defense articles, design and construction services, and major 

defense equipment. 

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

Sec. 2233. Exception to bilateral agreement requirements for transfers of defense items. 

Sec. 2234. Authority to provide cataloging data and services to non-NATO 

countries. 

Sec. 2235. FREEDOM Support Act permanent waiver authority. 

Sec. 2236. Extension of Pakistan Waivers. 

Sec. 2237. Consolidation of reports on nonproliferation in South Asia. 

Sec. 2238. Haitian Coast Guard. 
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Sec. 2239. Marketing information for commercial communications satellites. 

Sec. 2240. Transfer of certain naval vessels. 

Sec. 2241. Man-Portable Air Defense Systems threat reduction.

TITLE XXIII—RADIOLOGICAL TERRORISM SECURITY 

Sec. 2301. Short title. 

Sec. 2302. Definitions. 

Sec. 2303. Embassy threat assessment reports. 

Sec. 2304. Foreign first responders. 

Sec. 2305. Availability of funds. 

TITLE XXIV—GLOBAL PATHOGEN SURVEILLANCE 

Sec. 2401. Short title. 

Sec. 2402. Findings; purpose. 

Sec. 2403. Definitions. 

Sec. 2404. Priority for certain countries. 

Sec. 2405. Restriction. 

Sec. 2406. Fellowship program. 

Sec. 2407. In-country training in laboratory techniques and syndrome surveillance. 

Sec. 2408. Assistance for the purchase and maintenance of public health laboratory equipment. 

Sec. 2409. Assistance for improved communication of public health information. 

Sec. 2410. Assignment of public health personnel to United States missions and 

international organizations. 

Sec. 2411. Expansion of certain United States Government laboratories abroad. 

Sec. 2412. Assistance for regional health networks and expansion of foreign epidemiology training programs. 

Sec. 2413. Authorization of appropriations. 

TITLE XXV—REPORTING REQUIREMENTS AND OTHER MATTERS 

Subtitle A—Elimination and Modification of Certain Reporting Requirements 

Sec. 2501. Annual report on territorial integrity. 

Sec. 2502. Annual reports on activities in Colombia. 

Sec. 2503. Annual report on foreign military training. 

Sec. 2504. Report on human rights in Haiti. 

Subtitle B—Other Matters 

Sec. 2511. Certain claims for expropriation by the Government of Nicaragua. 

Sec. 2512. Amendments to the Arms Control and Disarmament Act. 

Sec. 2513. Support for Sierra Leone. 

Sec. 2514. 2513. Support for independent media in Ethiopia. 

Sec. 2515. Support for Somalia. 

Sec. 2516. 2514. Support for Central African States. 

Sec. 2515. Support for Haiti.

Sec. 2517. 2516. African Contingency Operations Training and Assistance Program. 

Sec. 2518. 2517. Condition on the provision of certain funds to Indonesia. 

Sec. 2519. 2518. Assistance to combat HIV/AIDS in certain countries of the 

Caribbean region. 

Sec. 2519. Assistance to combat HIV/AIDS in India.

Sec. 2520. Sense of Congress on Iraq debt.
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Sec. 2521. Sense of Congress on rights of women in Iraq.

Sec. 2522. Sense of Congress on national elections in Afghanistan.

Sec. 2520. 2523. Repeal of obsolete assistance authority. 

Sec. 2521. 2524. Technical corrections.

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Relations 

6 of the Senate and the Committee on International 

7 Relations of the House of Representatives. 

8 (2) DEPARTMENT.—Except as otherwise pro9 vided in this Act, the term ‘‘Department’’ means the 

10 Department of State. 

11 (3) SECRETARY.—Except as otherwise provided 

12 in this Act, the term ‘‘Secretary’’ means the Sec13 retary of State.

14 DIVISION A—FOREIGN 

15 RELATIONS AUTHORIZATIONS 

16 SEC. 100. SHORT TITLE. 

17 This division may be cited as the ‘‘Foreign Relations 

18 Authorization Act, Fiscal Year 2005’’.
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1 TITLE I—AUTHORIZATIONS OF 

2 APPROPRIATIONS 

3 Subtitle A—Department of State 

4 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

5 The following amounts are authorized to be appro6 priated for the Department under ‘‘Administration of For7 eign Affairs’’ to carry out the authorities, functions, du8 ties, and responsibilities in the conduct of foreign affairs 

9 of the United States, and for other purposes authorized 

10 by law: 

11 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

12 (A) AUTHORIZATION OF APPROPRIA13 TIONS.—For ‘‘Diplomatic and Consular Pro14 grams’’, $4,293,004,000 for the fiscal year 

15 2005. 

16 (B) WORLDWIDE SECURITY UPGRADES.—

17 Of the amounts authorized to be appropriated 

18 by subparagraph (A), $658,701,000 for the fis19 cal year 2005 is authorized to be made available 

20 for worldwide security upgrades.

21 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap22 ital Investment Fund’’, $155,100,000 for the fiscal 

23 year 2005. 

24 (3) EMBASSY SECURITY, CONSTRUCTION AND

25 MAINTENANCE.—For ‘‘Embassy Security, Construc-
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1 tion and Maintenance’’, $1,569,000,000 for the fis2 cal year 2005. 

3 (4) REPRESENTATION ALLOWANCES.—For 

4 ‘‘Representation Allowances’’, $8,640,000 for the 

5 fiscal year 2005. 

6 (5) PROTECTION OF FOREIGN MISSIONS AND

7 OFFICIALS.—For ‘‘Protection of Foreign Missions 

8 and Officials’’, $9,600,000 for the fiscal year 2005. 

9 (6) EMERGENCIES IN THE DIPLOMATIC AND

10 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip11 lomatic and Consular Service’’, $7,000,000 for the 

12 fiscal year 2005. 

13 (7) REPATRIATION LOANS.—For ‘‘Repatriation 

14 Loans’’, $1,219,000 for the fiscal year 2005. 

15 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

17 in Taiwan’’, $19,482,000 for the fiscal year 2005. 

18 (9) OFFICE OF THE INSPECTOR GENERAL.—

19 For ‘‘Office of the Inspector General’’, $31,435,000 

20 for the fiscal year 2005. 

21 SEC. 102. UNITED STATES EDUCATIONAL, CULTURAL, AND 

22 PUBLIC DIPLOMACY PROGRAMS. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—

24 (1) IN GENERAL.—The following amounts are 

25 authorized to be appropriated for the Department to 
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1 carry out public diplomacy programs of the Depart2 ment under the United States Information and Edu3 cational Exchange Act of 1948, the Mutual Edu4 cational and Cultural Exchange Act of 1961, Reor5 ganization Plan Number 2 of 1977, the Foreign Af6 fairs Reform and Restructuring Act of 1998, the 

7 Center for Cultural and Technical Interchange Be8 tween East and West Act of 1960, the Dante B. 

9 Fascell North-South Center Act of 1991, and the 

10 National Endowment for Democracy Act, and to 

11 carry out other authorities in law consistent with the 

12 purposes of such Acts: 

13 (A) EDUCATIONAL AND CULTURAL EX14 CHANGE PROGRAMS.—For ‘‘Educational and 

15 Cultural Exchange Programs’’, $375,346,000 

16 for the fiscal year 2005. 

17 (B) NATIONAL ENDOWMENT FOR DEMOC18 RACY.—For the ‘‘National Endowment for De19 mocracy’’, $80,000,000 for the fiscal year 2005. 

20 (C) CENTER FOR CULTURAL AND TECH21 NICAL INTERCHANGE BETWEEN EAST AND

22 WEST.—For the ‘‘Center for Cultural and Tech23 nical Interchange Between East and West’’, 

24 $13,709,000 for the fiscal year 2005. 
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1 (D) DANTE B. FASCELL NORTH-SOUTH

2 CENTER.—For the ‘‘Dante B. Fascell North3 South Center’’, $2,000,000 for the fiscal year 

4 2005. 

5 (2) SPECIFIC EDUCATIONAL AND CULTURAL

6 EXCHANGE PROGRAMS.—

7 (A) FULBRIGHT ACADEMIC EXCHANGE

8 PROGRAMS.—Of the amount authorized to be 

9 appropriated by paragraph (1)(A), 

10 $150,000,000 for the fiscal year 2005 is au11 thorized to be made available for the ‘‘Fulbright 

12 Academic Exchange Programs’’.

13 (B) VIETNAM EDUCATION FOUNDATION.—

14 Of the amount made available by subparagraph 

15 (A), $5,000,000 for the fiscal year 2005 is au16 thorized to be made available to the Vietnam 

17 Education Foundation established in section 

18 204 of the Vietnam Education Foundation Act 

19 of 2000 (22 U.S.C. 2452 note).

20 (B) VIETNAM FULBRIGHT ACADEMIC EX21 CHANGE PROGRAM.—Of the amount made avail22 able by subparagraph (A), $5,000,000 for the fis23 cal year 2005 is authorized to be made available 

24 to carry out the Vietnam scholarship program 

25 established by section 229 of the Foreign Rela-
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1 tions Authorization Act, Fiscal Years 1992 and 

2 1993 (Public Law 102–138).

3 (b) ASIA FOUNDATION.—Section 404 of The Asia 

4 Foundation Act (22 U.S.C. 4403) is amended to read as 

5 follows: 

6 ‘‘SEC. 404. There are is authorized to be appro7 priated to the Secretary of State $8,880,000 for the fiscal 

8 year 2005 for grants to The Asia Foundation pursuant 

9 to this title.’’. 

10 SEC. 103. INTERNATIONAL ORGANIZATIONS AND CON11 FERENCES.

12 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

13 ORGANIZATIONS.—There is authorized to be appropriated 

14 for ‘‘Contributions to International Organizations’’, 

15 $1,194,210,000 for the fiscal year 2005 for the Depart16 ment to carry out the authorities, functions, duties, and 

17 responsibilities in the conduct of the foreign affairs of the 

18 United States with respect to international organizations 

19 and to carry out other authorities in law consistent with 

20 such purposes.

21 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

22 ORGANIZATIONS.—

23 (1) AUTHORIZATION OF APPROPRIATIONS.—

24 There is authorized to be appropriated for ‘‘Contribu25 tions to International Organizations’’, $1,194,210,000 
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1 for the fiscal year 2005 for the Department to carry 

2 out the authorities, functions, duties, and responsibil3 ities in the conduct of the foreign affairs of the United 

4 States with respect to international organizations and 

5 to carry out other authorities in law consistent with 

6 such purposes. 

7 (2) FUNDS FOR THE UN HEADQUARTERS REN8 OVATION.—Of the funds authorized to be appropriated 

9 by paragraph (1), $6,000,000 for the fiscal year 2005 

10 is authorized to be made available for the cost (as de11 fined in section 502(5) of the Federal Reform Credit 

12 Act of 1990 (2 U.S.C. 661a(5)) of a direct loan to the 

13 United Nations for renovations to the United Nations 

14 headquarters building located in New York, New 

15 York, if the total principal of such loan does not ex16 ceed $1,200,000,000.

17 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE18 KEEPING ACTIVITIES.—

19 (1) AUTHORIZATION OF APPROPRIATION.—

20 There is authorized to be appropriated for ‘‘Con21 tributions for International Peacekeeping Activities’’, 

22 $650,000,000 for the fiscal year 2005 for the De23 partment to carry out the authorities, functions, du24 ties, and responsibilities of the United States with 

25 respect to international peacekeeping activities and
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1 to carry out other authorities in law consistent with 

2 such purposes. 

3 (2) AVAILABILITY OF FUNDS.—Funds appro4 priated pursuant to paragraph (1) are authorized to 

5 be available until September 30, 2006. 

6 (c) FOREIGN CURRENCY EXCHANGE RATES.—

7 (1) AUTHORIZATION OF APPROPRIATION.—In 

8 addition to amounts authorized to be appropriated 

9 by subsection (a), there is authorized to be appro10 priated for the Department such sums as may be 

11 necessary for the fiscal year 2005 to offset adverse 

12 fluctuations in foreign currency exchange rates. 

13 (2) AVAILABILITY OF FUNDS.—Amounts appro14 priated under this subsection shall be available for 

15 obligation and expenditure only to the extent that 

16 the Director of the Office of Management and Budg17 et determines and certifies to the appropriate con18 gressional committees that such amounts are nec19 essary due to such fluctuations. 

20 SEC. 104. INTERNATIONAL COMMISSIONS. 

21 (a) IN GENERAL.—The following amounts are au22 thorized to be appropriated under ‘‘International Commis23 sions’’ for the Department to carry out the authorities, 

24 functions, duties, and responsibilities in the conduct of the 

25 foreign affairs of the United States with respect to inter-
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1 national commissions and for other purposes authorized 

2 by law: 

3 (1) INTERNATIONAL BOUNDARY AND WATER

4 COMMISSION, UNITED STATES AND MEXICO.—For 

5 ‘‘International Boundary and Water Commission, 

6 United States and Mexico’’—

7 (A) for ‘‘Salaries and Expenses’’, 

8 $30,300,000 for the fiscal year 2005; and 

9 (B) for ‘‘Construction’’, $8,545,000 for the 

10 fiscal year 2005. 

11 (2) INTERNATIONAL BOUNDARY COMMISSION, 

12 UNITED STATES AND CANADA.—For ‘‘International 

13 Boundary Commission, United States and Canada’’, 

14 $1,210,000 for the fiscal year 2005. 

15 (3) INTERNATIONAL JOINT COMMISSION.—For 

16 ‘‘International Joint Commission’’, $7,498,000 for 

17 the fiscal year 2005. 

18 (4) INTERNATIONAL FISHERIES COMMIS19 SIONS.—For ‘‘International Fisheries Commissions’’, 

20 $20,800,000 for the fiscal year 2005. 

21 (b) BORDER ENVIRONMENT COOPERATION COMMIS22 SION.—

23 (1) AUTHORIZATION OF APPROPRIATIONS.—Not24 withstanding paragraph (2) of section 533(a) of the 

25 North American Free Trade Agreement Implemen-
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1 tation Act (19 U.S.C. 3473(a)(2)), there are author2 ized to be appropriated to the President not more 

3 than $2,048,000 for the United States contributions 

4 to the budget of the Border Environment Coopera5 tion Commission for the fiscal year 2005.

6 (2) AVAILABILITY OF FUNDS.—Funds appro7 priated pursuant to paragraph (1) are authorized to 

8 be available until expended.

9 SEC. 105. MIGRATION AND REFUGEE ASSISTANCE. 

10 (a) IN GENERAL.— AUTHORIZATION OF APPROPRIA11 TIONS.—

12 (1) IN GENERAL.—There is authorized to be ap13 propriated for ‘‘Migration and Refugee Assistance’’ 

14 for authorized activities, $729,789,000 $764,789,000

15 for the fiscal year 2005.

16 (2) AVAILABILITY OF FUNDS.—Funds appro17 priated pursuant to paragraph (1) are authorized to 

18 be available until expended.

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

20 amount authorized to be appropriated by subsection (a), 

21 $50,000,000 is authorized to be available for the fiscal 

22 year 2005 for the resettlement of refugees in Israel. 
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1 Subtitle B—United States Inter2 national Broadcasting Activities 

3 SEC. 111. AUTHORIZATIONS OF APPROPRIATIONS. 

4 The following amounts are authorized to be appro5 priated to carry out United States Government broad6 casting activities under the United States Information and 

7 Educational Exchange Act of 1948, the United States 

8 International Broadcasting Act of 1994, the Radio Broad9 casting to Cuba Act, the Television Broadcasting to Cuba 

10 Act, and the Foreign Affairs Reform and Restructuring 

11 Act of 1998, and to carry out other authorities in law con12 sistent with the purposes of such Acts: 

13 (1) INTERNATIONAL BROADCASTING OPER14 ATIONS.—For ‘‘International Broadcasting Oper15 ations’’, $575,740,000 for the fiscal year 2005. 

16 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

17 For ‘‘Broadcasting Capital Improvements’’, 

18 $8,560,000 for the fiscal year 2005.
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1 TITLE II—DEPARTMENT OF 

2 STATE AUTHORITIES AND AC3 TIVITIES 

4 Subtitle A—Basic Authorities and 

5 Activities 

6 SEC. 201. INTERFERENCE WITH PROTECTIVE FUNCTIONS. 

7 (a) OFFENSE.—Chapter 7 of title 18, United States 

8 Code, is amended by adding at the end the following: 

9 ‘‘§ 117. Interference with certain protective functions 

10 ‘‘Whoever knowingly and willfully obstructs, resists, 

11 or interferes with a Federal law enforcement agent en12 gaged, within the United States or the special maritime 

13 territorial jurisdiction of the United States, in the per14 formance of the protective functions authorized by section 

15 37 of the State Department Basic Authorities Act of 1956 

16 (22 U.S.C. 2709) or section 103 of the Diplomatic Secu17 rity Act (22 U.S.C. 4802) shall be fined under this title 

18 or imprisoned not more than one year, or both.’’. 

19 (b) CLERICAL AMENDMENT.—The table of sections 

20 at the beginning of such chapter is amended by adding 

21 at the end the following new item:

‘‘117. Interference with certain protective functions.’’.
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1 SEC. 202. AUTHORITY TO ISSUE ADMINISTRATIVE SUB2 POENAS. 

3 Section 37 of the State Department Basic Authorities 

4 Act of 1956 (22 U.S.C. 2709) is amended by adding at 

5 the end the following new subsection: 

6 ‘‘(d) ADMINISTRATIVE SUBPOENAS.—

7 ‘‘(1) IN GENERAL.—If the Secretary of State

8 determines that there is an imminent threat against 

9 a person, foreign mission, or international organiza10 tion protected under the authority of subsection 

11 (a)(3), the Secretary may issue in writing, and cause 

12 to be served, a subpoena requiring—

13 ‘‘(A) the production of any records or 

14 other items relevant to the threat; and 

15 ‘‘(B) testimony by the custodian of the 

16 items required to be produced concerning the 

17 production and authenticity of those items. 

18 ‘‘(2) REQUIREMENTS.—

19 ‘‘(A) RETURN DATE.—A subpoena under 

20 this subsection shall describe the items required 

21 to be produced and shall specify a return date 

22 within a reasonable period of time within which

23 the requested items may be assembled and 

24 made available. The return date specified may 

25 not be less than 24 hours after service of the 

26 subpoena. 
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1 ‘‘(B) NOTIFICATION TO ATTORNEY GEN2 ERAL.—As soon as practicable following the 

3 issuance of a subpoena under this subsection, 

4 the Secretary shall notify the Attorney General 

5 of its issuance. 

6 ‘‘(C) OTHER REQUIREMENTS.—The fol7 lowing provisions of section 3486 of title 18, 

8 United States Code, shall apply to the exercise 

9 of the authority of paragraph (1): 

10 ‘‘(i) Paragraphs (4) through (8) of 

11 subsection (a). 

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

13 ‘‘(3) DELEGATION OF AUTHORITY.—The au14 thority under this subsection may be delegated only 

15 to the Deputy Secretary of State. 

16 ‘‘(4) ANNUAL REPORT.—Not later than Feb17 ruary 1 of each year, the Secretary of State shall 

18 submit to the Committee on Foreign Relations of 

19 the Senate and the Committee on International Re20 lations of the House of Representatives a report re21 garding the exercise of the authority under this sub22 section during the previous calendar year.’’.
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1 SEC. 203. ENHANCED DEPARTMENT OF STATE AUTHORITY 

2 FOR UNIFORMED SECURITY OFFICERS. 

3 The State Department Basic Authorities Act of 1956 

4 is amended by inserting after section 37 (22 U.S.C. 2709) 

5 the following new section: 

6 ‘‘SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE 

7 UNITED STATES BY DESIGNATED LAW EN8 FORCEMENT OFFICERS. 

9 ‘‘(a) DESIGNATION OF LAW ENFORCEMENT OFFI10 CERS.—The Secretary of State may designate Department 

11 of State uniformed guards as law enforcement officers for 

12 duty in connection with the protection of buildings and 

13 areas within the United States for which the Department 

14 of State provides protective services, including duty in 

15 areas outside the property to the extent necessary to pro16 tect the property and persons on the property. 

17 ‘‘(b) POWERS OF OFFICERS.—While engaged in the 

18 performance of official duties as a law enforcement officer 

19 designated under subsection (a), an officer may—

20 ‘‘(1) enforce Federal laws and regulations for 

21 the protection of persons and property; 

22 ‘‘(2) carry firearms; and 

23 ‘‘(3) make arrests without warrant for any of24 fense against the United States committed in the of25 ficer’s presence, or for any felony cognizable under 

26 the laws of the United States if the officer has rea-
23

•S 2144 RS 

1 sonable grounds to believe that the person to be ar2 rested has committed or is committing such felony 

3 in connection with the buildings and areas, or per4 sons, for which the Department of State is providing 

5 protective services. 

6 ‘‘(c) REGULATIONS.—(1) The Secretary of State may 

7 prescribe regulations necessary for the administration of 

8 buildings and areas within the United States for which 

9 the Department of State provides protective services. The 

10 regulations may include reasonable penalties, within the 

11 limits prescribed in subsection (d), for violations of the 

12 regulations. 

13 ‘‘(2) The Secretary shall consult with the Secretary 

14 of Homeland Security in prescribing the regulations under 

15 paragraph (1). 

16 ‘‘(3) The regulations shall be posted and kept posted 

17 in a conspicuous place on the property. 

18 ‘‘(d) PENALTIES.—A person violating a regulation 

19 prescribed under subsection (c) shall be fined under title 

20 18, United States Code, or imprisoned for not more than 

21 30 days, or both. 

22 ‘‘(e) TRAINING OFFICERS.—The Secretary of State 

23 may also designate firearms and explosives training offi24 cers as law enforcement officers under subsection (a) for 

25 the limited purpose of safeguarding firearms, ammunition, 
24

•S 2144 RS 

1 and explosives that are located at firearms and explosives 

2 training facilities approved by the Secretary or are in tran3 sit between training facilities and Department of State 

4 weapons and munitions vaults. 

5 ‘‘(f) ATTORNEY GENERAL APPROVAL.—The powers 

6 granted to officers designated under this section shall be 

7 exercised in accordance with guidelines approved by the 

8 Attorney General. 

9 ‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.—Noth10 ing in this section shall be construed to affect the author11 ity of the Secretary of Homeland Security, the Adminis12 trator of General Services, or any Federal law enforcement 

13 agency.’’. 

14 SEC. 204. PROHIBITION ON TRANSFER OF CERTAIN VISA 

15 PROCESSING FEES. 

16 Section 140(a)(2) of the Foreign Relations Author17 ization Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 

18 note) is amended in the second sentence by inserting be19 fore the period at the end the following: ‘‘and shall not 

20 be transferred to any other department or agency, except 

21 that funds may be transferred by the Secretary for the 

22 procurement of goods and services from other departments 

23 or agencies pursuant to section 1535 of title 31, United 

24 States Code’’. 
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1 SEC. 205. REIMBURSEMENT FROM UNITED STATES OLYM2 PIC COMMITTEE. 

3 (a) IN GENERAL.—The Secretary shall seek, to the 

4 extent practicable, reimbursement from the United States 

5 Olympic Committee for security provided to the United 

6 States Olympic Team by Diplomatic Security Special 

7 Agents during the 2004 Summer Olympics. 

8 (b) OFFSETTING RECEIPT.—Reimbursements pro9 vided under subsection (a) shall be deposited as an offset10 ting receipt to the appropriate Department account. 

11 (c) AVAILABILITY OF FUNDS.—Funds collected 

12 under the authority in subsection (a) shall remain avail13 able for obligation until September 30, 2005.

14 SEC. 206. INTERNATIONAL LITIGATION FUND. 

15 Section 38(d)(3) of the State Department Basic Au16 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended—

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

18 international tribunal,’’ after ‘‘by the Department of 

19 State’’; and 

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

21 Government’’. 

22 SEC. 207. VICTIMS OF CRIME IN FOREIGN COUNTRIES. 

23 (a) VICTIMS OF CRIME OFFICE.—

24 (1) ESTABLISHMENT.—The Secretary shall estab25 lish the Victims of Crime Office within the Bureau of 

26 Consular Affairs of the Department. 
26

•S 2144 RS 

1 (2) DUTIES.—The head of the Victims of Crime 

2 Office shall— 

3 (A) compile a database of information re4 garding incidents of violent crime committed 

5 against nationals of the United States in a for6 eign country; 

7 (B) provide information and training to 

8 consular officers to assist such officers in ad9 dressing the needs of nationals of the United 

10 States who are victims of a violent crime in a 

11 foreign country; and 

12 (C) administer the assistance program au13 thorized under subsection (b). 

14 (3) TIME FOR ESTABLISHMENT OF OFFICE.—The 

15 Secretary shall complete the action required under 

16 paragraph (1) not later than 180 days after the en17 actment of this Act. 

18 (b) ASSISTANCE FOR CRIME VICTIMS.—

19 (1) AUTHORITY TO PROVIDE ASSISTANCE.—The 

20 Secretary is authorized to provide financial assistance 

21 from funds available under section 4 of the State De22 partment Basic Authorities Act of 1956 (22 U.S.C. 

23 2671), to crime victims to address the needs of such 

24 victims. Such assistance may include funds for— 
27

•S 2144 RS 

1 (A) advance payment of emergency services 

2 including medical and travel expenses; 

3 (B) travel to and from judicial proceedings; 

4 (C) the shipment of remains; and 

5 (D) repatriation of victims of domestic vio6 lence or child abuse. 

7 (2) NONDUPLICATION OF ASSISTANCE.—A crime 

8 victim is not eligible for assistance under paragraph 

9 (1) to meet a need of such crime victim if the Sec10 retary determines that such crime victim is eligible to 

11 receive assistance from any other source, including 

12 from a program of assistance of a State, to meet such 

13 need. 

14 (3) OFFICE TO ADMINISTER PROGRAM.—The Sec15 retary shall carry out this subsection through the head 

16 of the Victims of Crime Office. 

17 (4) REGULATIONS.—The Secretary shall pre18 scribe such regulations as the Secretary determines 

19 necessary to administer the program of assistance to 

20 crime victims under paragraph (1). 

21 (5) AVAILABILITY OF EMERGENCY FUNDS.—

22 (A) IN GENERAL.—Section 4(b)(2) of the 

23 State Department Basic Authorities Act of 1956 

24 (22 U.S.C. 2671(b)(2)) is amended by adding at 

25 the end the following new subparagraph: 
28

•S 2144 RS 

1 ‘‘(K) assistance to crime victims under section 

2 206 of the Foreign Relations Authorization Act, Fis3 cal Year 2005.’’. 

4 (B) TECHNICAL AMENDMENTS.—Such sec5 tion is further amended—

6 (i) in subparagraph (I), by striking 

7 ‘‘and’’ at the end; and 

8 (ii) in subparagraph (J), by striking 

9 the period at the end and inserting ‘‘; and’’. 

10 (c) REPORT.—Not later than one year after the date 

11 of the enactment of this Act, the Secretary shall report to 

12 the appropriate congressional committees on the activities 

13 of the Victims of Crime Office. The report shall include in14 formation on—

15 (1) the operation of such Office; 

16 (2) the expenditure of any funds under subpara17 graph (K) of section 4(b)(2) of the State Department 

18 Basic Authorities Act of 1956, as added by subsection 

19 (b); and 

20 (3) the recommendations of the Secretary, if any, 

21 for legislation that is necessary to improve the oper22 ation of such Office. 

23 (d) DEFINITIONS.—In this section: 
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•S 2144 RS 

1 (1) CRIME VICTIM.—The term ‘‘crime victim’’ 

2 means a national of the United States who is a vic3 tim of violent crime in a foreign country. 

4 (2) NATIONAL OF THE UNITED STATES.—The 

5 term ‘‘national of the United States’’ has the meaning 

6 given that term in section 101(a)(22) of the Immigra7 tion and Nationality Act (8 U.S.C. 1101(a)(22)). 

8 (3) STATE.—The term ‘‘State’’ means each of the 

9 several States of the United States, the District of Co10 lumbia, the Commonwealth of Puerto Rico, the Com11 monwealth of the Northern Mariana Islands, the Vir12 gin Islands, Guam, and American Samoa. 

13 (4) VIOLENT CRIME.—The term ‘‘violent crime’’ 

14 means the crimes of murder, non-negligent man15 slaughter, forcible rape, robbery, child abuse, domestic 

16 abuse, kidnaping, and aggravated assault, as defined 

17 by the Secretary.

18 Subtitle B—Educational, Cultural, 

19 and Public Diplomacy Authorities 

20 SEC. 211. AUTHORITY TO PROMOTE BIOTECHNOLOGY. 

21 The Secretary is authorized to support, by grants, co22 operative agreements, or contracts, outreach and public di23 plomacy activities regarding the benefits of agricultural 

24 biotechnology and science-based regulatory systems, and 

25 the application of agricultural biotechnology for trade and 
30

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1 development purposes. The total amount of grants made

2 pursuant to this authority in a fiscal year shall not exceed 

3 $500,000.

4 SEC. 212. THE UNITED STATES DIPLOMACY CENTER. 

5 Title I of the State Department Basic Authorities Act 

6 of 1956 is amended by adding after section 58 (22 U.S.C. 

7 2730) the following new section: 

8 ‘‘SEC. 59. THE UNITED STATES DIPLOMACY CENTER. 

9 ‘‘(a) ACTIVITIES.—

10 ‘‘(1) SUPPORT AUTHORIZED.—The Secretary of 

11 State is authorized to provide by contract, grant, or 

12 otherwise, for the performance of appropriate mu13 seum visitor and educational outreach services, in14 cluding organizing conference activities, museum 

15 shop services, and food services, in the public exhibit 

16 and related space utilized by the United States Di17 plomacy Center (in this section referred to as the 

18 ‘Center’). 

19 ‘‘(2) PAYMENT OF EXPENSES.—The Secretary 

20 may pay all reasonable expenses of conference activi21 ties conducted by the Center, including refreshments 

22 and reimbursement of travel expenses incurred by 

23 participants. 

24 ‘‘(3) RECOVERY OF COSTS.—Any revenues gen25 erated under the authority of paragraph (1) for vis-
31

•S 2144 RS 

1 itor services may be retained, as a recovery of the 

2 costs of operating the Center, and credited to any 

3 Department of State appropriation. 

4 ‘‘(b) DISPOSITION OF UNITED STATES DIPLOMACY

5 CENTER ARTIFACTS AND MATERIALS.—

6 ‘‘(1) PROPERTY OF SECRETARY.—All historic 

7 documents, artifacts, or other articles permanently 

8 acquired by the Department of State and deter9 mined by the Secretary to be suitable for display in 

10 the Center shall be considered to be the property of 

11 the Secretary in the Secretary’s official capacity and 

12 shall be subject to disposition solely in accordance 

13 with this subsection. 

14 ‘‘(2) SALE OR TRADE.—Whenever the Secretary 

15 makes the determination under paragraph (3) with 

16 respect to an item, the Secretary may sell at fair 

17 market value, trade, or transfer the item, without re18 gard to the requirements of subtitle I of title 40, 

19 United States Code. The proceeds of any such sale 

20 may be used solely for the advancement of the Cen21 ter’s mission and may not be used for any purpose 

22 other than the acquisition and direct care of collec23 tions. 

24 ‘‘(3) DETERMINATIONS PRIOR TO SALE OR

25 TRADE.—The determination referred to in para-
32

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1 graph (2), with respect to an item, is a determina2 tion that—

3 ‘‘(A) the item no longer serves to further 

4 the purposes of the Center established in the 

5 collections management policy of the Center; or 

6 ‘‘(B) in order to maintain the standards of 

7 the collections of the Center, the sale or ex8 change of the item would be a better use of the 

9 item. 

10 ‘‘(4) LOANS.—The Secretary may also lend 

11 items covered by paragraph (1), when not needed for 

12 use or display in the Center, to the Smithsonian In13 stitution or a similar institution for repair, study, or 

14 exhibition.’’. 

15 SEC. 213. LATIN AMERICA CIVILIAN GOVERNMENT SECU16 RITY PROGRAM. 

17 The Secretary is authorized to establish, through an 

18 institution of higher education in the United States that 

19 has prior experience in the field, an educational program 

20 designed to promote civilian control of government min21 istries in Latin America that perform national security 

22 functions by teaching and reinforcing among young pro23 fessionals from countries in Latin America the analytical 

24 skills, knowledge of civil institutions, and leadership skills 
33

•S 2144 RS 

1 necessary to manage national security functions within a 

2 democratic civil society.

3 SEC. 214. EXTENSION OF THE ADVISORY COMMITTEE ON 

4 CULTURAL DIPLOMACY. 

5 Section 224(j) of the Foreign Relations Authorization 

6 Act, Fiscal Year 2003 (22 U.S.C. 2451 note) is amended 

7 by striking ‘‘2005’’ and inserting ‘‘2007’’.

8 TITLE III—ORGANIZATION AND 

9 PERSONNEL OF THE DEPART10 MENT OF STATE 

11 SEC. 301. FELLOWSHIP OF HOPE PROGRAM. 

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

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

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

15 new section: 

16 ‘‘SEC. 506. FELLOWSHIP OF HOPE.—(a) The Sec17 retary is authorized to establish the Fellowship of Hope 

18 Program. Under the program, the Secretary may assign 

19 a member of the Service, for not more than one year, to 

20 a position with any designated country or designated enti21 ty that permits an employee to be assigned to a position 

22 with the Department. 

23 ‘‘(b) The salary and benefits of a member of the Serv24 ice shall be paid as described in subsection (b) of section 

25 503 during a period in which such member is participating 
34

•S 2144 RS 

1 in the Fellowship of Hope Program. The salary and bene2 fits of an employee of a designated country or designated 

3 entity participating in such program shall be paid by such 

4 country or entity during the period in which such employee 

5 is participating in the program. 

6 ‘‘(c) In this section:

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

8 member country of—

9 ‘‘(A) the North Atlantic Treaty Organiza10 tion; or 

11 ‘‘(B) the European Union. 

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

13 ‘‘(A) the North Atlantic Treaty Organiza14 tion; or 

15 ‘‘(B) the European Union.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

17 Such Act is amended—

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

19 (A) in the section heading, by striking 

20 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN21 MENTS, OR’’; and 

22 (B) in subsection (a)(1), by inserting after 

23 ‘‘body’’ the following: ‘‘, or with a foreign gov24 ernment under section 506’’; and 

25 (2) in section 2, in the table of contents—
35

•S 2144 RS 

1 (A) by striking the item relating to section 

2 503 and inserting the following:

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

3 and

4 (B) by inserting after the item relating to 

5 section 505 the following:

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

6 SEC. 302. COST-OF-LIVING ALLOWANCES. 

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

8 amended—

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

10 (A) by inserting ‘‘activities required for 

11 successful completion of a grade or course and’’ 

12 after ‘‘(including’’; and 

13 (B) by striking ‘‘not to exceed the total 

14 cost to the Government of the dependent at15 tending an adequate school in the nearest local16 ity where an adequate school is available’’ and 

17 inserting ‘‘subject to the approval of the head 

18 of the agency involved’’; 

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

20 the following: 

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

22 an employee to and from a secondary, post-sec23 ondary, or post-baccalaureate educational insti-
36

•S 2144 RS 

1 tution, not to exceed 1 annual trip each way for 

2 each dependent, except that an allowance pay3 ment under subparagraph (A) of this paragraph 

4 may not be made for a dependent during the 12 

5 months following the arrival of the dependent 

6 at the selected educational institution under au7 thority contained in this subparagraph.’’; and 

8 (3) by adding at the end the following new sub9 paragraph: 

10 ‘‘(D) Allowances provided pursuant to sub11 paragraphs (A) and (B) may include, at the 

12 election of the employee, payment or reimburse13 ment of the costs incurred to store baggage for 

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

15 the dependent’s school during the dependent’s 

16 annual trip between the school and the employ17 ee’s duty station, except that such payment or 

18 reimbursement may not exceed the cost that the 

19 Government would incur to transport the bag20 gage with the dependent in connection with the 

21 annual trip, and such payment or reimburse22 ment shall be in lieu of transportation of the 

23 baggage.’’. 
37

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1 SEC. 303. ADDITIONAL AUTHORITY FOR WAIVER OF ANNU2 ITY LIMITATIONS ON REEMPLOYED FOREIGN 

3 SERVICE ANNUITANTS. 

4 Section 824(g) of the Foreign Service Act of 1980 

5 (22 U.S.C. 4064(g)) is amended to read as follows: 

6 ‘‘(g) The Secretary of State may waive the applica7 tion of subsections (a) through (d) on a case-by-case basis 

8 for an annuitant reemployed on a temporary basis—

9 ‘‘(1) if, and for so long as, such waiver is nec10 essary due to an emergency involving a direct threat 

11 to life or property or other unusual circumstances; 

12 or 

13 ‘‘(2) if the annuitant is employed in a position 

14 for which there is exceptional difficulty in recruiting 

15 or retaining a qualified employee.’’. 

16 SEC. 304. HOME LEAVE. 

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

18 1980 is amended—

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

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

21 it appears; and 

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

23 striking ‘‘18 months’’ in the first sentence and in24 serting ‘‘12 months’’. 
38

•S 2144 RS 

1 SEC. 305. INCREASED LIMITS APPLICABLE TO POST DIF2 FERENTIALS AND DANGER PAY ALLOW3 ANCES. 

4 (a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE

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

6 of the Foreign Operations, Export Financing, and Related 

7 Programs Appropriations Act, 2004 (division D of Public 

8 Law 108–199) is repealed. 

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

10 5, United States Code, is amended by striking ‘‘25 percent 

11 of the rate of basic pay or, in the case of an employee 

12 of the United States Agency for International Develop13 ment,’’. 

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

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

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

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

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

21 SEC. 306. SUSPENSION OF FOREIGN SERVICE MEMBERS 

22 WITHOUT PAY. 

23 (a) SUSPENSION.—Section 610 of the Foreign Serv24 ice Act of 1980 (22 U.S.C. 4010) is amended by adding 

25 at the end the following new subsection: 
39

•S 2144 RS 

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

2 Foreign Service without pay when there is reasonable 

3 cause to believe that the member has committed a crime 

4 for which a sentence of imprisonment may be imposed and 

5 there is a connection between the conduct and the effi6 ciency of the Foreign Service. 

7 ‘‘(2) Any member of the Foreign Service for which 

8 a suspension is proposed shall be entitled to—

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

10 for the proposed suspension; 

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

12 writing to the proposed suspension; 

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

14 representative; and 

15 ‘‘(D) a final written decision, including the spe16 cific reasons for such decision, as soon as prac17 ticable. 

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

19 file a grievance in accordance with the procedures applica20 ble to grievances under chapter 11 of this title. 

21 ‘‘(4) In the case of a grievance filed under paragraph 

22 (3)— 

23 ‘‘(A) the review by the Foreign Service Griev24 ance Board shall be limited to a determination of 

25 whether the reasonable cause requirement has been 
40

•S 2144 RS 

1 fulfilled and whether there is a connection between 

2 the conduct and the efficiency of the Foreign Serv3 ice; and 

4 ‘‘(B) the Foreign Service Grievance Board may 

5 not exercise the authority provided under section 

6 1106(8) of the Act (22 U.S.C. 4136(8)).

7 ‘‘(5) In this subsection: 

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

9 ‘‘(i) with respect to a member of the For10 eign Service assigned to duty in the United 

11 States, 15 days after receiving notice of the 

12 proposed suspension; and 

13 ‘‘(ii) with respect to a member of the For14 eign Service assigned to duty outside the 

15 United States, 30 days after receiving notice of 

16 the proposed suspension. 

17 ‘‘(B) The term ‘suspend’ or ‘suspension’ means 

18 the placing of a member of the Foreign Service, for 

19 disciplinary reasons, in a temporary status without 

20 duties.’’. 

21 (b) CONFORMING AND CLERICAL AMENDMENTS.—

22 (1) AMENDMENT OF SECTION HEADING.—Such 

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

24 amended in the section heading by inserting ‘‘; SUS25 PENSION’’ before the period at the end. 
41

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1 (2) CLERICAL AMENDMENT.—The item relating 

2 to such section in the table of contents in section 2 

3 of such Act is amended to read as follows:

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

4 SEC. 307. CLAIMS FOR LOST PAY. 

5 (a) IN GENERAL.—Section 2 of the State Depart6 ment Basic Authorities Act of 1956 (22 U.S.C. 2669) is 

7 amended by adding at the end the following: 

8 ‘‘(o) make administrative corrections or adjust9 ments to an employee’s pay, allowances, or differen10 tials, resulting from mistakes or retroactive per11 sonnel actions, as well as provide back pay and other 

12 categories of payments under section 5596 of title 5, 

13 United States Code, as part of the settlement or 

14 compromise of administrative claims or grievances 

15 filed against the Department.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

17 Such section is further amended—

18 (1) in subsection (k), by striking ‘‘and’’; 

19 (2) by transferring subsection (m) within such 

20 section to appear after subsection (l); 

21 (3) in subsections (l) and (m), by striking the 

22 period at the end of each subsection and inserting 

23 a semicolon; and 

24 (4) in subsection (n), by striking the period at 

25 the end and inserting a semicolon and ‘‘and’’. 
42

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1 SEC. 308. REPEAL OF REQUIREMENT FOR RECERTIFI2 CATION PROCESS FOR MEMBERS OF THE 

3 SENIOR FOREIGN SERVICE. 

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

5 (22 U.S.C. 3945(d)) is repealed. 

6 SEC. 309. DEADLINE FOR ISSUANCE OF REGULATIONS RE7 GARDING RETIREMENT CREDIT FOR GOV8 ERNMENT SERVICE PERFORMED ABROAD. 

9 Section 321(f) of the Foreign Relations Authorization 

10 Act, Fiscal Year 2003 (5 U.S.C. 8411 note) is amended 

11 by inserting ‘‘, not later than 60 days after the date of 

12 the enactment of the Foreign Relations Authorization Act, 

13 Fiscal Year 2005,’’ after ‘‘regulations’’. 

14 SEC. 310. SEPARATION OF LOWEST RANKED FOREIGN 

15 SERVICE MEMBERS. 

16 Section 2311(b)(1) of the Foreign Relations Author17 ization Act, Fiscal Years 1998 and 1999 (22 U.S.C. 4010 

18 note) is amended—

19 (1) by striking ‘‘Not later than 90 days after 

20 the date of enactment of this Act, the’’ and inserting 

21 ‘‘The’’; 

22 (2) by striking ‘‘5 percent’’ and inserting ‘‘2 

23 percent’’; and 

24 (3) by striking ‘‘for 2 or more of the 5 years 

25 preceding the date of enactment of this Act’’ and in26 serting ‘‘at least twice in any 5-year period’’. 
43

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1 SEC. 311. DISCLOSURE REQUIREMENTS APPLICABLE TO 

2 PROPOSED RECIPIENTS OF THE PERSONAL 

3 RANK OF AMBASSADOR OR MINISTER. 

4 Section 302(a)(2)(B)(ii)(IV) of the Foreign Service 

5 Act of 1980 (22 U.S.C. 3942(a)(2)(B)(ii)(IV)) is amended 

6 by inserting before the period at the end the following: 

7 ‘‘, including information that is required to be disclosed 

8 on the Standard Form 278, or any successor financial dis9 closure report’’. 

10 SEC. 312. PROVISION OF LIVING QUARTERS AND ALLOW11 ANCES TO THE UNITED STATES REPRESENT12 ATIVES TO THE UNITED NATIONS. 

13 Section 9 of the United Nations Participation Act of 

14 1945 (22 U.S.C. 287e–1) is amended to read as follows: 

15 ‘‘SEC. 9. (a) The Secretary of State may, under such 

16 regulations as the Secretary shall prescribe, and notwith17 standing subsections (a) and (b) of section 3324 of title 

18 31, United States Code, and section 5536 of title 5, 

19 United States Code—

20 ‘‘(1) make available to the Permanent Rep21 resentative of the United States to the United Na22 tions and the Deputy Permanent Representative of 

23 the United States to the United Nations—

24 ‘‘(A) living quarters leased or rented by 

25 the United States for a period that does not ex26 ceed 10 years; and 
44

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1 ‘‘(B) allowances for unusual expenses inci2 dent to the operation and maintenance of such 

3 living quarters that are similar to expenses au4 thorized to be funded by section 5913 of title 

5 5, United States Code; 

6 ‘‘(2) make available living quarters in New 

7 York leased or rented by the United States for a pe8 riod of not more than 10 years to—

9 ‘‘(A) not more than 40 members of the 

10 Foreign Service assigned to the United States 

11 Mission to the United Nations or other United 

12 States representatives to the United Nations; 

13 and 

14 ‘‘(B) not more than 2 employees who serve 

15 at the pleasure of the Permanent Representa16 tive of the United States to the United Nations; 

17 and 

18 ‘‘(3) provide an allowance, as the Secretary con19 siders appropriate, to each Delegate and Alternate 

20 Delegate of the United States to any session of the 

21 General Assembly of the United Nations who is not 

22 a permanent member of the staff of the United 

23 States Mission to the United Nations, in order to 

24 compensate each such Delegate or Alternate Dele-
45

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1 gate for necessary housing and subsistence expenses 

2 with respect to attending any such session. 

3 ‘‘(b) The Secretary of State may not make available 

4 living quarters or allowances under subsection (a) to an 

5 employee who is occupying living quarters that are owned 

6 by such employee. 

7 ‘‘(c) Living quarters and allowances provided under 

8 subsection (a) shall be considered for all purposes as au9 thorized—

10 ‘‘(1) by chapter 9 of title I of the Foreign Serv11 ice Act of 1980; and 

12 ‘‘(2) by section 5913 of title 5, United States 

13 Code. 

14 ‘‘(d) The Inspector General for the Department of 

15 State and the Broadcasting Board of Governors shall peri16 odically review the administration of this section with a 

17 view to achieving cost savings and developing appropriate 

18 recommendations to make to the Secretary of State re19 garding the administration of this section.’’.

20 SEC. 313. PAY FOR PERFORMANCE FOR THE SENIOR FOR21 EIGN SERVICE. 

22 (a) IN GENERAL.—Section 402(a) of the Foreign Serv23 ice Act of 1980 (22 U.S.C. 3962(a)) is amended—

24 (1) in paragraph (1), by striking the second and 

25 third sentences and inserting the following new sen-
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1 tences: ‘‘The President shall also prescribe ranges of 

2 basic salary rates for each class. Except as provided 

3 in paragraph (3), basic salary rates for the Senior 

4 Foreign Service may not exceed the maximum rate or 

5 be less than the minimum rate of basic pay payable 

6 for the Senior Executive Service under section 5382 

7 of title 5, United States Code.’’; and 

8 (2) by striking paragraph (2) and inserting the 

9 following new paragraphs: 

10 ‘‘(2) The Secretary shall determine which basic salary 

11 rate within the ranges prescribed by the President under 

12 paragraph (1) shall be paid to each member of the Senior 

13 Foreign Service based on individual performance, contribu14 tion to the mission of the Department, or both, as deter15 mined under a rigorous performance management system. 

16 Except as provided in regulations prescribed by the Sec17 retary and, to the extent possible, consistent with regula18 tions governing the Senior Executive Service, the Secretary 

19 may adjust the basic salary rate of a member of the Senior 

20 Foreign Service not more than once during any 12-month 

21 period. 

22 ‘‘(3) Upon a determination by the Secretary that the 

23 Senior Foreign Service performance appraisal system, as 

24 designed and applied, makes meaningful distinctions based 

25 on relative performance—
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1 ‘‘(A) the maximum rate of basic pay payable for 

2 the Senior Foreign Service shall be level II of the Ex3 ecutive Schedule; and 

4 ‘‘(B) the applicable aggregate pay cap shall be 

5 equivalent to the aggregate pay cap set forth in sec6 tion 5307(d)(1) of title 5, United States Code, for 

7 members of the Senior Executive Service.’’. 

8 (b) LIMITATION ON PAY.—Section 405(b)(4) of such 

9 Act (22 U.S.C. 3965(b)(4)) is amended by inserting before 

10 the period the following: ‘‘, or the limitation under section 

11 402(a)(3), whichever is higher’’. 

12 (c) COMMENSURATE CAP ON SALARIES OF CHIEFS OF

13 MISSION.—Section 401(a) of such Act (22 U.S.C. 3961(a)) 

14 is amended by striking ‘‘shall not exceed the annual rate 

15 of pay payable for level I of such Executive Schedule’’ and 

16 inserting ‘‘shall be subject to the limitation on certain pay17 ments under section 5307 of title 5, United States Code, 

18 or the limitation under section 402(a)(3), whichever is high19 er’’. 

20 SEC. 314. CLARIFICATION OF FOREIGN SERVICE GRIEV21 ANCE BOARD PROCEDURES. 

22 Section 1106(8) of the Foreign Service Act of 1980 (22 

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

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

25 the grievant (other than an involuntary separation 
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1 for cause under section 610(a)),’’ after ‘‘considering’’; 

2 and 

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

4 ‘‘the grievant, or’’. 

5 SEC. 315. REFUGEE RESPONSE TEAMS. 

6 (a) ESTABLISHMENT.—In order to make the processing 

7 of refugees more efficient and effective, enhance the quality 

8 of refugee resettlement programs, and augment the capacity 

9 of the United States Government to identify, process, assist, 

10 and counsel individuals for eventual adjudication by the 

11 Department of Homeland Security as refugees, the Sec12 retary shall consider establishing and utilizing the services 

13 of Refugee Response Teams (RRTs). Refugee Response 

14 Teams shall be coordinated by the Assistant Secretary of 

15 State for Population, Refugees, and Migration Affairs, or 

16 the Assistant Secretary’s designee. 

17 (b) COMPOSITION.—Refugee Response Teams shall be 

18 comprised of representatives of private, voluntary organiza19 tions that have experience in refugee law, policy, and pro20 grams. 

21 (c) RESPONSIBILITIES OF RRTS.—Refugee Response 

22 Teams shall be responsible for—

23 (1) monitoring refugee situations, with a view 

24 toward identifying those refugees whose best durable 

25 solution is third country resettlement; 
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1 (2) preparing profiles and documentation for re2 settlement consideration by the United States Govern3 ment; 

4 (3) augmenting or establishing an overseas oper5 ation, especially in response to urgent developments 

6 requiring quick responses or more staff resources than 

7 are available in the existing processing entities; 

8 (4) assisting with training and technical assist9 ance to existing international organizations and other 

10 processing entities; and 

11 (5) such other responsibilities as may be deter12 mined by the Secretary. 

13 (d) RESPONSIBILITIES OF THE SECRETARY.—The Sec14 retary shall establish appropriate training seminars for 

15 RRTs in situations where existing mechanisms are unable 

16 to identify and process refugees in a timely manner. 

17 (e) PERFORMANCE STANDARDS.—In consultation with 

18 private, voluntary organizations and nongovernmental or19 ganizations, the Secretary shall establish performance 

20 standards to ensure accountability and effectiveness in the 

21 tasks described in subsection (a).
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1 TITLE IV—INTERNATIONAL 

2 ORGANIZATIONS 

3 SEC. 401. LIMITATION ON THE UNITED STATES SHARE OF 

4 ASSESSMENTS FOR UNITED NATIONS PEACE5 KEEPING OPERATIONS AFTER CALENDAR 

6 YEAR 2004. 

7 Section 404(b)(2)(B) of the Foreign Relations Au8 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

9 287e note) is amended by adding at the end the following 

10 new clause: 

11 ‘‘(v) For assessments made during a 

12 calendar year after calendar year 2004, 

13 27.40 percent.’’. 

14 SEC. 402. REPORT TO CONGRESS ON IMPLEMENTATION OF 

15 THE BRAHIMI REPORT. 

16 (a) REQUIREMENT.—Not later than 120 days after 

17 the date of the enactment of this Act, the Secretary shall 

18 submit to the appropriate congressional committees a re19 port assessing the progress made to implement the rec20 ommendations set out in the Report of the Panel on 

21 United Nations Peace Operations, transmitted from the 

22 Secretary General of the United Nations to the President 

23 of the General Assembly and the President of the Security 

24 Council on August 21, 2000 (referred to in this section 

25 as the ‘‘Report’’). 
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1 (b) CONTENT.—The report required by subsection 

2 (a) shall include— 

3 (1) an assessment of the United Nations 

4 progress toward implementing the recommendations 

5 set out in the Report; 

6 (2) a description of the progress made toward 

7 strengthening the capability of the United Nations 

8 to deploy a civilian police force and rule of law 

9 teams on an emergency basis at the request of the 

10 United Nations Security Council; and 

11 (3) a description of the policies, programs, and 

12 strategies of the United States Government that 

13 support the implementation of the recommendations 

14 set out in the Report, especially in the areas of civil15 ian police and rule of law. 

16 SEC. 403. MEMBERSHIP ON UNITED NATIONS COUNCILS 

17 AND COMMISSIONS. 

18 (a) IN GENERAL.—Section 408 of the Department of 

19 State Authorization Act, Fiscal Year 2003 (22 U.S.C. 287 

20 note) is amended—

21 (1) by striking ‘‘and’’ at the end of paragraph 

22 (2); 

23 (2) by striking paragraph (3) and inserting the 

24 following: 
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1 ‘‘(3) to prevent membership on the United Na2 tions Commission on Human Rights or the United 

3 Nations Security Council by—

4 ‘‘(A) any member nation the government 

5 of which, in the judgment of the Secretary, 

6 based on the Department’s Annual Country Re7 ports on Human Rights and the Annual Report 

8 on International Report on Religious Freedom, 

9 consistently violates internationally recognized 

10 human rights or has engaged in or tolerated 

11 particularly severe violations of religious free12 dom in that country; or 

13 ‘‘(B) any member nation the government 

14 of which, as determined by the Secretary—

15 ‘‘(i) is a sponsor of terrorism; or 

16 ‘‘(ii) is the subject of United Nations 

17 sanctions; and’’; and 

18 (3) by adding at the end the following new 

19 paragraph: 

20 ‘‘(4) to advocate that the government of any 

21 member nation that the Secretary determines is a 

22 sponsor of terrorism or is the subject of United Na23 tions sanctions is not elected to a leadership position 

24 in the United Nations General Assembly, the United 

25 Nations Commission on Human Rights, the United 
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1 Nations Security Council, or any other entity of the 

2 United Nations.’’. 

3 (b) CONFORMING AMENDMENT.—The heading of sec4 tion 408 is amended to read as follows: 

5 ‘‘SEC. 408. MEMBERSHIP ON UNITED NATIONS COMMIS6 SIONS AND COUNCILS AND THE INTER7 NATIONAL NARCOTICS CONTROL BOARD.’’. 

8 TITLE V—DESIGNATION OF FOR9 EIGN TERRORIST ORGANIZA10 TIONS 

11 SEC. 501. DESIGNATION OF FOREIGN TERRORIST ORGANI12 ZATIONS. 

13 (a) PERIOD OF DESIGNATION.—Section 219(a)(4) of 

14 the Immigration and Nationality Act (8 U.S.C. 

15 1189(a)(4)) is amended—

16 (1) in subparagraph (A)—

17 (A) by striking ‘‘Subject to paragraphs (5) 

18 and (6), a’’ and inserting ‘‘A’’; and 

19 (B) by striking ‘‘for a period of 2 years be20 ginning on the effective date of the designation 

21 under paragraph (2)(B)’’ and inserting ‘‘until 

22 revoked under paragraph (5) or (6) or set aside 

23 pursuant to subsection (c)’’; 

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

25 the following: 
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1 ‘‘(B) REVIEW OF DESIGNATION UPON PE2 TITION.—

3 ‘‘(i) IN GENERAL.—The Secretary 

4 shall review the designation of a foreign 

5 terrorist organization under the procedures 

6 set forth in clauses (iii) and (iv) if the des7 ignated organization files a petition for 

8 revocation within the petition period after 

9 described in clause (ii). 

10 ‘‘(ii) PETITION PERIOD.—For pur11 poses of clause (i)—

12 ‘‘(I) if the designated organiza13 tion has not previously filed a petition 

14 for revocation under this subpara15 graph, the petition period begins 2 

16 years after the date on which the des17 ignation was made; or 

18 ‘‘(II) if the designated organiza19 tion has previously filed a petition for 

20 revocation under this subparagraph, 

21 the petition period begins 2 years 

22 after the date of the determination 

23 made under clause (iv) on that peti24 tion.
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1 ‘‘(iii) PROCEDURES.—Any foreign ter2 rorist organization that submits a petition 

3 for revocation under this subparagraph 

4 must provide evidence in that petition that 

5 the relevant circumstances described in 

6 paragraph (1) have changed in such a 

7 manner as to warrant revocation with re8 spect to the organization. 

9 ‘‘(iv) DETERMINATION.—

10 ‘‘(I) IN GENERAL.—Not later 

11 than 180 days after receiving a peti12 tion for revocation submitted under 

13 this subparagraph, the Secretary shall 

14 make a determination as to such rev15 ocation. 

16 ‘‘(II) CLASSIFIED INFORMA17 TION.—The Secretary may consider 

18 classified information in making a de19 termination in response to a petition 

20 for revocation. Classified information 

21 shall not be subject to disclosure for 

22 such time as it remains classified, ex23 cept that such information may be 

24 disclosed to a court ex parte and in 
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1 camera for purposes of judicial review 

2 under subsection (c). 

3 ‘‘(III) PUBLICATION OF DETER4 MINATION.—A determination made by 

5 the Secretary under this clause shall 

6 be published in the Federal Register. 

7 ‘‘(IV) PROCEDURES.—Any rev8 ocation by the Secretary shall be 

9 made in accordance with paragraph 

10 (6).’’; and 

11 (3) by adding at the end the following: 

12 ‘‘(C) OTHER REVIEW OF DESIGNATION.—

13 ‘‘(i) IN GENERAL.—If in a 4-year pe14 riod no review has taken place under sub15 paragraph (B), the Secretary shall review 

16 the designation of the foreign terrorist or17 ganization in order to determine whether 

18 such designation should be revoked pursu19 ant to paragraph (6). Such review shall be 

20 completed not later than 180 days after 

21 the end of such 4-year period. 

22 ‘‘(ii) PROCEDURES.—If a review does 

23 not take place pursuant to subparagraph 

24 (B) in response to a petition for revocation 

25 that is filed in accordance with that sub-
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1 paragraph, then the review shall be con2 ducted pursuant to procedures established 

3 by the Secretary. The results of such re4 view and the applicable procedures shall 

5 not be reviewable in any court. 

6 ‘‘(iii) PUBLICATION OF RESULTS OF

7 REVIEW.—The Secretary shall publish any 

8 determination made pursuant to this sub9 paragraph in the Federal Register.’’. 

10 (b) ALIASES.—Section 219 of the Immigration and 

11 Nationality Act (8 U.S.C. 1189), as amended by sub12 section (a), is further amended—

13 (1) by redesignating subsections (b) and (c) as 

14 subsections (c) and (d), respectively; and 

15 (2) by inserting after subsection (a) the fol16 lowing new subsection (b): 

17 ‘‘(b) AMENDMENTS TO A DESIGNATION.—

18 ‘‘(1) IN GENERAL.—The Secretary may amend 

19 a designation under this subsection if the Secretary 

20 finds that the organization has changed its name, 

21 adopted a new alias, dissolved and then reconsti22 tuted itself under a different name or names, or 

23 merged with another organization. 

24 ‘‘(2) PROCEDURE.—Amendments made to a 

25 designation in accordance with paragraph (1) shall 
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1 be effective upon publication in the Federal Register. 

2 Subparagraphs (B) and (C) of subsection (a)(2) 

3 shall apply to an amended designation upon such 

4 publication. Paragraphs (2)(A)(i), (4), (5), (6), (7), 

5 and (8) of subsection (a) shall also apply to an 

6 amended designation. 

7 ‘‘(3) ADMINISTRATIVE RECORD.—The adminis8 trative record shall be corrected to include the 

9 amendments as well as any additional relevant infor10 mation that supports those amendments. 

11 ‘‘(4) CLASSIFIED INFORMATION.—The Sec12 retary may consider classified information in amend13 ing a designation in accordance with this subsection. 

14 Classified information shall not be subject to disclo15 sure for such time as it remains classified, except 

16 that such information may be disclosed to a court ex 

17 parte and in camera for purposes of judicial review 

18 under subsection (c).’’. 

19 (c) TECHNICAL AND CONFORMING AMENDMENTS.—

20 Section 219 of the Immigration and Nationality Act (8 

21 U.S.C. 1189), as amended by subsection (b), is further 

22 amended—

23 (1) in subsection (a)—

24 (A) in paragraph (3)(B), by striking ‘‘sub25 section (b)’’ and inserting ‘‘subsection (c)’’; 
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1 (B) in paragraph (6)(A)—

2 (i) in the matter preceding clause (i), 

3 by striking ‘‘or a redesignation made under 

4 paragraph (4)(B)’’ and inserting ‘‘at any 

5 time, and shall revoke a designation upon 

6 completion of a review conducted pursuant 

7 to subparagraphs (B) and (C) of para8 graph (4)’’; and 

9 (ii) in clause (i), by striking ‘‘or redes10 ignation’’; 

11 (C) in paragraph (7), by striking ‘‘, or the 

12 revocation of a redesignation under paragraph 

13 (6),’’; and 

14 (D) in paragraph (8)—

15 (i) by striking ‘‘, or if a redesignation 

16 under this subsection has become effective 

17 under paragraph (4)(B),’’; and 

18 (ii) by striking ‘‘or redesignation’’; 

19 and 

20 (2) in subsection (c), as so redesignated—

21 (A) in paragraph (1), by striking ‘‘of the 

22 designation in the Federal Register,’’ and all 

23 that follows through ‘‘review of the designa24 tion’’ and inserting ‘‘in the Federal Register of 

25 a designation, an amended designation, or a de-
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1 termination in response to a petition for revoca2 tion, the designated organization may seek judi3 cial review’’;

4 (B) in paragraph (2), by inserting

5 ‘‘, amended designation, or determination in re6 sponse to a petition for revocation’’ after ‘‘des7 ignation’’; 

8 (C) in paragraph (3), by inserting

9 ‘‘, amended designation, or determination in re10 sponse to a petition for revocation’’ after ‘‘des11 ignation’’; and 

12 (D) in paragraph (4), by inserting

13 ‘‘, amended designation, or determination in re14 sponse to a petition for revocation’’ after ‘‘des15 ignation’’ each place that term appears. 

16 (d) SAVINGS PROVISION.—For purposes of applying 

17 section 219 of the Immigration and Nationality Act (8 

18 U.S.C. 1189) on or after the date of enactment of this 

19 Act, the term ‘‘designation’’, as used in that section, in20 cludes all redesignations made pursuant to section 

21 219(a)(4)(B) of the Immigration and Nationality Act (8 

22 U.S.C. 1189(a)(4)(B)) prior to the date of enactment of 

23 this Act, and such redesignations shall continue to be ef24 fective until revoked as provided in paragraph (5) or (6)
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1 of section 219(a) of the Immigration and Nationality Act 

2 (8 U.S.C. 1189(a) (5) or (6)). 

3 TITLE VI—STRENGTHENING 

4 UNITED STATES OUTREACH

5 Subtitle A—Public Diplomacy 

6 SEC. 601. PLANS, REPORTS, AND BUDGET DOCUMENTS. 

7 (a) REQUIREMENTS UNDER THE UNITED STATES

8 INFORMATION AND EDUCATIONAL EXCHANGE ACT OF

9 1948.—

10 (1) REQUIREMENTS.—Section 502 of the 

11 United States Information and Educational Ex12 change Act of 1948 (22 U.S.C. 1462) is amended to 

13 read as follows: 

14 ‘‘SEC. 502. (a) INTERNATIONAL INFORMATION

15 STRATEGY.—The President shall develop and report to 

16 the Committee on Foreign Relations of the Senate and 

17 the Committee on International Relations of the House 

18 of Representatives an international information strategy. 

19 The international information strategy shall consist of 

20 public information plans designed for major regions of the 

21 world, including a focus on regions with significant Mus22 lim populations. 

23 ‘‘(b) NATIONAL SECURITY STRATEGY.—In the prepa24 ration of the annual report required by section 108 of the 

25 National Security Act of 1947 (50 U.S.C. 404a), the 
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1 President shall ensure that the report includes a com2 prehensive discussion of how public diplomacy activities 

3 are integrated into the national security strategy of the 

4 United States, and how such activities are designed to ad5 vance the goals and objectives identified in the report pur6 suant to section 108(b)(1) of that Act. 

7 ‘‘(c) PLANS REGARDING DEPARTMENT ACTIVI8 TIES.—

9 ‘‘(1) STRATEGIC PLAN.—In the updated and re10 vised strategic plan for program activities of the De11 partment required to be submitted under section 

12 306 of title 5, United States Code, the Secretary 

13 shall identify how public diplomacy activities of the 

14 Department are designed to advance each strategic 

15 goal identified in the plan. 

16 ‘‘(2) ANNUAL PERFORMANCE PLAN.—The Sec17 retary shall ensure that each annual performance 

18 plan for the Department required by section 1115 of 

19 title 31, United States Code, includes a detailed dis20 cussion of public diplomacy activities of the Depart21 ment. 

22 ‘‘(3) BUREAU AND MISSION PERFORMANCE

23 PLAN.—The Secretary shall ensure that each re24 gional bureau’s performance plan, and other bureau 

25 performance plans as appropriate, and each mission 
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1 performance plan, under regulations of the Depart2 ment, includes a public diplomacy component.’’. 

3 (2) CONFORMING AMENDMENT.—The heading 

4 for such section is amended to read as follows: 

5 ‘‘PLANS, REPORTS, AND BUDGET DOCUMENTS’’. 

6 (b) DEADLINE FOR REPORTING INTERNATIONAL IN7 FORMATION STRATEGY.—Not later than 180 days after 

8 the date of the enactment of this Act, the President shall 

9 report to the appropriate congressional committees the 

10 international information strategy described in subsection 

11 (a) of section 502 of the United States Information and 

12 Educational Exchange Act of 1948 (22 U.S.C. 1462), as 

13 amended by subsection (a). 

14 SEC. 602. TRAINING. 

15 (a) IN GENERAL.—Chapter 7 of title I of the Foreign 

16 Service Act of 1980 (22 U.S.C. 4021 et seq.) is amended 

17 by adding at the end the following new section: 

18 ‘‘SEC. 709. PUBLIC DIPLOMACY TRAINING. 

19 ‘‘The Secretary shall ensure that public diplomacy is 

20 an important component of training at all levels of the 

21 Foreign Service.’’. 

22 (b) JUNIOR OFFICER TRAINING.—Section 703(b) of 

23 the Foreign Service Act of 1980 (22 U.S.C. 4023(b)) is 

24 amended in the first sentence by inserting ‘‘public diplo25 macy,’’ before ‘‘consular’’. 

26 (c) AMENDMENTS TO TABLE OF CONTENTS.—
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1 (1) CONFORMING AMENDMENT.—The table of 

2 contents in section 2 of the Foreign Service Act of 

3 1980 is amended by inserting at the end of items re4 lating to chapter 7 the following new item:

‘‘Sec. 709. Public diplomacy training.’’.

5 (2) TECHNICAL AMENDMENT.—Such table of 

6 contents is further amended by inserting after the 

7 item relating to section 707 the following new item:

‘‘Sec. 708. Training for Foreign Service officers.’’.

8 SEC. 603. REPORT ON FOREIGN LANGUAGE BRIEFINGS. 

9 Not later than 90 days after the date of enactment 

10 of this Act, the Secretary shall submit a report to the ap11 propriate congressional committees containing an evalua12 tion of the feasibility of conducting regular, televised brief13 ings by personnel of the Department about United States 

14 foreign policy in major foreign languages, including Ara15 bic, Farsi, Chinese, French, and Spanish.

16 Subtitle B—Strengthening United 

17 States Educational and Cultural 

18 Exchange Programs in the Is19 lamic World 

20 SEC. 611. DEFINITIONS. 

21 In this subtitle: 

22 (1) ELIGIBLE COUNTRY.—The term ‘‘eligible 

23 country’’ means a country or entity in Africa, the 

24 Middle East, South Asia, or Southeast Asia that—
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1 (A) has a significant Muslim population; 

2 and 

3 (B) is designated by the Secretary as an 

4 eligible country. 

5 (2) SECONDARY SCHOOL.—The term ‘‘sec6 ondary school’’ means a school that serves students 

7 in any of grades 9 through 12 or equivalent grades 

8 in a foreign education system, as determined by the 

9 Secretary, in consultation with the Secretary of Edu10 cation. 

11 (3) UNITED STATES ENTITY.—The term 

12 ‘‘United States entity’’ means an entity that is orga13 nized under laws of a State, the District of Colum14 bia, the Commonwealth of Puerto Rico, Guam, the 

15 United States Virgin Islands, the Commonwealth of 

16 the Northern Mariana Islands, or American Samoa. 

17 (4) UNITED STATES SPONSORING ORGANIZA18 TION.—The term ‘‘United States sponsoring organi19 zation’’ means a nongovernmental organization 

20 based in the United States and controlled by a cit21 izen of the United States or a United States entity 

22 that is designated by the Secretary, pursuant to reg23 ulations, to carry out a program authorized by sec24 tion 612.
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1 SEC. 612. EXPANSION OF EDUCATIONAL AND CULTURAL 

2 EXCHANGES. 

3 (a) STATEMENT OF POLICY.—The purpose of this 

4 section is to provide for the expansion of international 

5 educational and cultural exchange programs with eligible 

6 countries. 

7 (b) SPECIFIC PROGRAMS.—In carrying out the pur8 pose of this section, the Secretary is authorized to conduct 

9 or initiate the following programs in eligible countries: 

10 (1) FULBRIGHT EXCHANGE PROGRAM.—The 

11 Secretary is authorized to substantially increase the 

12 number of awards under the J. William Fulbright 

13 Educational Exchange Program. The Secretary shall 

14 take all appropriate steps to increase support for 

15 such program in eligible countries in order to en16 hance academic and scholarly exchanges with those 

17 countries. 

18 (2) HUBERT H. HUMPHREY FELLOWSHIPS.—

19 The Secretary is authorized to substantially increase 

20 the number of Hubert H. Humphrey Fellowships 

21 awarded to candidates from eligible countries. 

22 (3) SISTER INSTITUTIONS PROGRAMS.—The 

23 Secretary is authorized to encourage the establish24 ment of ‘‘sister institution’’ programs between 

25 United States and foreign institutions (including cit26 ies and municipalities) in eligible countries, in order 
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1 to enhance mutual understanding at the community 

2 level. 

3 (4) LIBRARY TRAINING EXCHANGES.—The Sec4 retary is authorized to develop a demonstration pro5 gram to assist governments in eligible countries to 

6 establish or upgrade their public library systems to 

7 improve literacy. The program may include training 

8 in the library sciences. 

9 (5) INTERNATIONAL VISITORS PROGRAM.—The 

10 Secretary is authorized to expand the number of 

11 participants in the International Visitors Program 

12 from eligible countries. 

13 (6) YOUTH AMBASSADORS.—The Secretary is 

14 authorized to establish a program for visits by mid15 dle and secondary school students to the United 

16 States during school holidays in their home country 

17 for periods not to exceed 4 weeks. Participating stu18 dents shall reflect the economic and geographic di19 versity of their countries. Activities shall include cul20 tural and educational activities designed to famil21 iarize participating students with American society 

22 and values. 

23 (7) EDUCATIONAL REFORM.—The Secretary is 

24 authorized to enhance programs that seek to im25 prove the quality of primary and secondary school 
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1 systems in eligible countries and promote civic edu2 cation, to foster understanding of the United States, 

3 and through teacher exchanges, teacher training, 

4 textbook modernization, and other efforts. 

5 (8) PROMOTION OF RELIGIOUS FREEDOM.—The 

6 Secretary is authorized to establish a program to 

7 promote dialogue and exchange among leaders and 

8 scholars of all faiths from the United States and eli9 gible countries. 

10 (9) BRIDGING THE DIGITAL DIVIDE.—The Sec11 retary is authorized to establish a program to help 

12 foster access to information technology among un13 derserved populations and civil society groups in eli14 gible countries. 

15 (10) SPORTS DIPLOMACY.—The Secretary is 

16 authorized to expand efforts to promote United 

17 States public diplomacy interests in eligible countries 

18 and elsewhere through sports diplomacy. Initiatives 

19 under this program may include—

20 (A) bilateral exchanges to train athletes or 

21 teams; 

22 (B) bilateral exchanges to assist countries 

23 in establishing or improving their sports, 

24 health, or physical education programs; 
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1 (C) providing assistance to athletic gov2 erning bodies in the United States to support 

3 efforts of such organizations to foster coopera4 tion with counterpart organizations abroad; and 

5 (D) utilizing United States professional 

6 athletes and other well-known United States 

7 sports personalities in support of public diplo8 macy goals and activities. 

9 (11) COLLEGE SCHOLARSHIPS.—

10 (A) IN GENERAL.—The Secretary is au11 thorized to establish a program to offer scholar12 ships to permit an individual to attend an eligi13 ble college or university if such individual— 

14 (i) has graduated from secondary 

15 school; and

16 (ii) is a citizen or resident of an eligi17 ble country. 

18 (B) ELIGIBLE COLLEGE OR UNIVERSITY

19 DEFINED.—In this paragraph the term ‘‘eligible 

20 college or university’’ means a college or univer21 sity that—

22 (i) is primarily located in an eligible 

23 country; 
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1 (ii) is organized under laws of the 

2 United States, a State, or the District of 

3 Columbia; 

4 (iii) is accredited by an accrediting 

5 agency recognized by the Secretary of Edu6 cation; and 

7 (iv) is not controlled by the govern8 ment of an eligible country. 

9 SEC. 613. SECONDARY EXCHANGE PROGRAM. 

10 (a) IN GENERAL.—The Secretary is authorized to es11 tablish an international exchange visitor program, modeled 

12 on the Future Leaders Exchange Program established 

13 under the FREEDOM Support Act (22 U.S.C. 5801 et seq.),

14 under which eligible secondary school students from eligi15 ble countries would—

16 (1) attend public secondary school in the 

17 United States; 

18 (2) live with a host family in the United States; 

19 and 

20 (3) participate in activities designed to promote 

21 a greater understanding of United States and Is22 lamic values and culture. 

23 (b) ELIGIBILITY CRITERIA FOR STUDENTS.—A stu24 dent is eligible to participate in the program authorized 

25 under subsection (a) if the student—
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1 (1) is from an eligible country;

2 (2) is at least 15 years of age but not more 

3 than 18 years and 6 months of age at the time of 

4 enrollment in the program; 

5 (3) is enrolled in a secondary school in an eligi6 ble country; 

7 (4) has completed not more than 11 years of 

8 primary and secondary education, exclusive of kin9 dergarten; 

10 (5) demonstrates maturity, good character, and 

11 scholastic aptitude, and has the proficiency in the 

12 English language necessary to participate in the pro13 gram; 

14 (6) has not previously participated in an ex15 change program in the United States sponsored by 

16 the United States Government; and 

17 (7) is not inadmissible under the Immigration 

18 and Nationality Act (8 U.S.C. 1101 et seq.) or any 

19 other law related to immigration and nationality. 

20 (c) PROGRAM REQUIREMENTS.—The program au21 thorized by subsection (a) shall satisfy the following re22 quirements: 

23 (1) COMPLIANCE WITH ‘‘J’’ VISA REQUIRE24 MENTS.—Participants in the program shall satisfy 

25 all requirements applicable to the admission of non-
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1 immigrant aliens described in section 101(a)(15)(J) 

2 of the Immigration and Nationality Act (8 U.S.C. 

3 1101(a)(15)(J)). The program shall be considered a 

4 designated exchange visitor program for purposes of 

5 the application of section 641 of the Illegal Immi6 gration Reform and Immigrant Responsibility Act of 

7 1996 (8 U.S.C. 1372). 

8 (2) BROAD PARTICIPATION.—Whenever appro9 priate, special provisions shall be made to ensure the 

10 broadest possible participation in the program, par11 ticularly among females and less advantaged citizens 

12 of eligible countries. 

13 (3) REGULAR REPORTING TO THE SEC14 RETARY.—Each United States sponsoring organiza15 tion shall report regularly to the Secretary informa16 tion about the progress made by the organization in 

17 implementation of the program. 

18 SEC. 614. AUTHORIZATION OF APPROPRIATIONS. 

19 Of the amounts authorized to be appropriated for 

20 educational and cultural exchange programs under section 

21 102(a), there is authorized to be made available to the 

22 Department $30,000,000 for the fiscal year 2005 to carry 

23 out programs authorized by this subtitle. 
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1 Subtitle C—Fellowship Program 

2 SEC. 621. SHORT TITLE. 

3 This subtitle may be cited as the ‘‘Edward R. Murrow 

4 Fellowship Act’’. 

5 SEC. 622. FELLOWSHIP PROGRAM. 

6 (a) ESTABLISHMENT.—There is established a fellow7 ship program pursuant to which the Broadcasting Board 

8 of Governors shall provide fellowships to foreign national 

9 journalists while they serve, for a period of not more than 

10 6 months, in positions at the Voice of America, RFE/RL, 

11 Incorporated, or Radio Free Asia. 

12 (b) DESIGNATION OF FELLOWSHIPS.—Fellowships 

13 under this subtitle shall be known as ‘‘Edward R. Murrow 

14 Fellowships’’. 

15 (c) PURPOSE OF THE FELLOWSHIPS.—Fellowships 

16 under this subtitle shall be provided in order to allow each 

17 recipient (in this subtitle referred to as a ‘‘Fellow’’) to 

18 serve on a short-term basis at the Voice of America, RFE/

19 RL, Incorporated, or Radio Free Asia in order to obtain 

20 direct exposure to the operations of professional journal21 ists. 

22 SEC. 623. FELLOWSHIPS. 

23 (a) LIMITATION.—Not more than 20 fellowships may 

24 be provided under this subtitle each fiscal year. 
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1 (b) REMUNERATION.—The Broadcasting Board of 

2 Governors shall determine, taking into consideration the 

3 position in which each Fellow will serve and the Fellow’s 

4 experience and expertise, the amount of remuneration the 

5 Fellow will receive for service under this subtitle. 

6 (c) HOUSING AND TRANSPORTATION.—The Broad7 casting Board of Governors shall, pursuant to regula8 tions—

9 (1) provide housing for each Fellow while the 

10 Fellow is serving abroad, including housing for fam11 ily members if appropriate; and 

12 (2) pay the costs and expenses incurred by each 

13 Fellow for travel between the journalist’s country of 

14 nationality or last habitual residence and the offices 

15 of the Voice of America, RFE/RL, Incorporated, or 

16 Radio Free Asia and the country in which the Fel17 low serves, including (where appropriate) for travel 

18 of family members.

19 SEC. 624. ADMINISTRATIVE PROVISIONS. 

20 (a) DETERMINATIONS.—The Broadcasting Board of 

21 Governors shall determine which of the individuals se22 lected by the Board will serve at Voice of America, RFE/

23 RL, Incorporated, or Radio Free Asia and the position 

24 in which each will serve. 

25 (b) AUTHORITIES.—Fellows may be employed—
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1 (1) under a temporary appointment in the Civil 

2 Service; 

3 (2) under a limited appointment in the Foreign 

4 Service; or 

5 (3) by contract under the provisions of section 

6 2(c) of the State Department Basic Authorities Act 

7 of 1956 (22 U.S.C. 2669(c)). 

8 (c) FUNDING.—Funds available to the Broadcasting 

9 Board of Governors shall be used for the expenses in10 curred in carrying out this subtitle. 

11 TITLE VII—INTERNATIONAL PA12 RENTAL CHILD ABDUCTION 

13 PREVENTION 

14 SEC. 701. SHORT TITLE. 

15 This title may be cited as the ‘‘International Parental 

16 Child Abduction Prevention Act of 2004’’. 

17 SEC. 702. INADMISSIBILITY OF ALIENS SUPPORTING INTER18 NATIONAL CHILD ABDUCTORS AND REL19 ATIVES OF SUCH ABDUCTORS. 

20 (a) IN GENERAL.—Section 212(a)(10)(C)(ii) of the 

21 Immigration and Nationality Act (8 U.S.C. 

22 1182(a)(10)(C)(ii)) is amended by striking subclause (III) 

23 and inserting the following: 

24 ‘‘(III) is a spouse (other than a 

25 spouse who is the parent of the ab-
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1 ducted child), son or daughter (other 

2 than the abducted child), grandson or 

3 granddaughter (other than the ab4 ducted child), parent, grandparent, 

5 sibling, cousin, uncle, aunt, nephew, 

6 or niece of an alien described in clause 

7 (i), or is a spouse of the abducted 

8 child described in clause (i), if such 

9 person has been designated by the 

10 Secretary of State, at the Secretary of 

11 State’s sole and unreviewable discre12 tion, 

13 is inadmissible until the child described in 

14 clause (i) is surrendered to the person 

15 granted custody by the order described in 

16 that clause, and such person and child are 

17 permitted to return to the United States or 

18 such person’s place of residence, or until 

19 the abducted child is 21 years of age.’’. 

20 (b) AUTHORITY TO CANCEL CERTAIN DESIGNA21 TIONS; IDENTIFICATION OF ALIENS SUPPORTING ABDUC22 TORS AND RELATIVES OF ABDUCTORS; ENTRY OF AB23 DUCTORS AND OTHER INADMISSIBLE ALIENS IN THE

24 CONSULAR LOOKOUT AND SUPPORT SYSTEM.—Section 

25 212(a)(10)(C) of the Immigration and Nationality Act (8
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1 U.S.C. 1182(a)(10)(C)) is amended by adding at the end 

2 the following: 

3 ‘‘(iv) AUTHORITY TO CANCEL CER4 TAIN DESIGNATIONS.—The Secretary of 

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

6 and unreviewable discretion, at any time, 

7 cancel a designation made pursuant to 

8 clause (ii)(III). 

9 ‘‘(v) IDENTIFICATION OF ALIENS SUP10 PORTING ABDUCTORS AND RELATIVES OF

11 ABDUCTORS.—In all instances in which the 

12 Secretary of State knows that an alien has 

13 committed an act described in clause (i), 

14 the Secretary of State shall take appro15 priate action to identify the individuals 

16 who are potentially inadmissible under 

17 clause (ii).

18 ‘‘(vi) ENTRY OF ABDUCTORS AND

19 OTHER INADMISSIBLE PERSONS IN CON20 SULAR LOOKOUT AND SUPPORT SYSTEM.—

21 In all instances in which the Secretary of 

22 State knows that an alien has committed 

23 an act described in clause (i), the Sec24 retary of State shall take appropriate ac25 tion to cause the entry into the Consular 
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1 Lookout and Support System of the name 

2 or names of, and identifying information 

3 about, such individual and of any persons 

4 identified pursuant to clause (v) as poten5 tially inadmissible under clause (ii). 

6 ‘‘(vii) DEFINITIONS.—In this subpara7 graph: 

8 ‘‘(I) CHILD.—The term ‘child’ 

9 means a person under 21 years of age 

10 regardless of marital status. 

11 ‘‘(II) SIBLING.—The term ‘sib12 ling’ includes step-siblings and half13 siblings.’’. 

14 (c) ANNUAL REPORT.—

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of enactment of this Act, and each 

17 February 1 thereafter for 4 years, the Secretary 

18 shall submit to the Committee on International Re19 lations and the Committee on the Judiciary of the 

20 House of Representatives, and the Committee on 

21 Foreign Relations and the Committee on the Judici22 ary of the Senate, an annual report that describes 

23 the operation of section 212(a)(10)(C) of the Immi24 gration and Nationality Act (8 U.S.C. 
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1 1182(a)(10)(C)), as amended by this section, during 

2 the prior calendar year to which the report pertains. 

3 (2) CONTENT.—Each annual report submitted 

4 in accordance with paragraph (1) shall specify, to 

5 the extent that corresponding data is reasonably 

6 available, the following: 

7 (A) The number of cases known to the 

8 Secretary, disaggregated according to the na9 tionality of the aliens concerned, in which a visa 

10 was denied to an applicant on the basis of the 

11 inadmissibility of the applicant under section 

12 212(a)(10)(C) of the Immigration and Nation13 ality Act (as so amended) during the reporting 

14 period. 

15 (B) The cumulative total number of cases 

16 known to the Secretary, disaggregated accord17 ing to the nationality of the aliens concerned, in 

18 which a visa was denied to an applicant on the 

19 basis of the inadmissibility of the applicant 

20 under section 212(a)(10)(C) of the Immigration 

21 and Nationality Act (as so amended) since the 

22 beginning of the first reporting period. 

23 (C) The number of cases known to the 

24 Secretary, disaggregated according to the na25 tionality of the aliens concerned, in which the 
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1 name of an alien was placed in the Consular 

2 Lookout and Support System on the basis of 

3 the inadmissibility of the alien or potential in4 admissibility under section 212(a)(10)(C) of the 

5 Immigration and Nationality Act (as so amend6 ed) during the reporting period. 

7 (D) The cumulative total number of 

8 names, disaggregated according to the nation9 ality of the aliens concerned, known to the Sec10 retary to appear in the Consular Lookout and 

11 Support System on the basis of the inadmis12 sibility of the alien or potential inadmissibility 

13 under section 212(a)(10)(C) of the Immigration 

14 and Nationality Act (as so amended) at the end 

15 of the reporting period. 

16 TITLE VIII—MISCELLANEOUS 

17 PROVISIONS 

18 SEC. 801. REPEAL OF REQUIREMENT FOR SEMIANNUAL RE19 PORT ON EXTRADITION OF NARCOTICS TRAF20 FICKERS. 

21 Section 3203 of the Emergency Supplemental Act, 

22 2000 (division B of Public Law 106–246; 114 Stat. 575) 

23 is repealed. 
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1 SEC. 802. TECHNICAL AMENDMENTS TO THE UNITED 

2 STATES INTERNATIONAL BROADCASTING 

3 ACT OF 1994. 

4 Section 304(c) of the United States International 

5 Broadcasting Act of 1994 (22 U.S.C. 6203(c)) is amend6 ed—

7 (1) in the first sentence, by striking ‘‘Direc8 tor’s’’ and inserting ‘‘Secretary’s’’; and 

9 (2) in the last sentence, by striking ‘‘Director’’ 

10 and inserting ‘‘Secretary’’. 

11 SEC. 803. FELLOWSHIPS FOR MULTIDISCIPLINARY TRAIN12 ING ON NONPROLIFERATION ISSUES. 

13 (a) FELLOWSHIPS AUTHORIZED.—In carrying out 

14 international exchange programs, the Secretary shall de15 sign and implement a program to encourage eligible stu16 dents to study at an accredited United States institution 

17 of higher education in an appropriate graduate program. 

18 (b) ELIGIBLE STUDENT DEFINED.—In this section, 

19 the term ‘‘eligible student’’ means a citizen of a foreign 

20 country who—

21 (1) has completed undergraduate education; 

22 and 

23 (2) is qualified (as determined by the Sec24 retary). 

25 (c) APPROPRIATE GRADUATE PROGRAM DEFINED.—

26 In this section, the term ‘‘appropriate graduate program’’
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1 means a graduate level program that provides for the mul2 tidisciplinary study of issues relating to weapons non3 proliferation and includes training in—

4 (1) diplomacy; 

5 (2) arms control; 

6 (3) multilateral export controls; or 

7 (4) threat reduction assistance. 

8 (d) AVAILABILITY OF FUNDS.—Of the amounts au9 thorized to be appropriated for educational and cultural 

10 exchange programs under section 102, $2,000,000 may be 

11 available to carry out this section. 

12 SEC. 804. REQUIREMENT FOR REPORT ON UNITED STATES 

13 POLICY TOWARD HAITI. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) Haiti is plagued by chronic political insta17 bility, economic and political crises, and significant 

18 social challenges. 

19 (2) The United States has a political and eco20 nomic interest and a humanitarian and moral re21 sponsibility in assisting the Government and people 

22 of Haiti in resolving the country’s problems and 

23 challenges. 

24 (3) The situation in Haiti is increasingly cause 

25 for alarm and concern, and a sustained, coherent, 
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1 and active approach by the United States Govern2 ment is needed to make progress toward resolving 

3 Haiti’s political and economic crises.

4 (b) REQUIREMENT FOR REPORT.—Not later than 60 

5 days after the date of enactment of this Act, the Sec6 retary, in consultation with the Secretary of the Treasury, 

7 shall submit to the appropriate congressional committees 

8 a report that describes United States policy toward Haiti. 

9 The report shall include the following: 

10 (1) A description of the activities carried out by 

11 the United States Government to resolve Haiti’s po12 litical crisis and to promote the holding of free and 

13 fair elections in Haiti at the earliest possible date. 

14 (2) A description of the activities that the 

15 United States Government anticipates initiating to 

16 resolve the political crisis and promote free and fair 

17 elections in Haiti. 

18 (3) An assessment of whether Resolution 822 

19 issued by the Permanent Council of the Organiza20 tion of American States on September 4, 2002, is 

21 still an appropriate framework for a multilateral ap22 proach to resolving the political and economic crises 

23 in Haiti, and of the likelihood that the Organization 

24 of American States or other international institution 
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1 will develop a new framework to replace Resolution 

2 822. 

3 (4) A description of the status of efforts to re4 lease the approximately $146,000,000 in loan funds 

5 that have been approved by the Inter-American De6 velopment Bank to Haiti for the purposes of reha7 bilitating rural roads, reorganizing the health sector, 

8 improving potable water supply and sanitation, and 

9 providing basic education, a description of any ob10 stacles that are delaying the loan funds from being 

11 released as described in the schedules to such loans, 

12 and recommendations for overcoming such obstacles.

13 (b) REQUIREMENT FOR REPORT.—Not later than 60 

14 days after the date of the enactment of this Act, the Sec15 retary shall submit to the appropriate congressional com16 mittees a report that describes United States policy toward 

17 Haiti. The report shall include the following: 

18 (1) The plan for the reconstruction of Haiti for 

19 fiscal years 2004 and 2005. 

20 (2) A description of the activities carried out by 

21 the United States Government, and the activities that 

22 will be carried out by the United States Government, 

23 for the following purposes: 

24 (A) To establish democracy and rule of law 

25 in Haiti, in a manner that is consistent with the 
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1 Constitution of Haiti and international require2 ments described in resolutions of the United Na3 tions, the Organization of American States, or 

4 other international organizations. 

5 (B) To assist in the disarmament of mili6 tias and the reform of the Haitian National Po7 lice. 

8 (C) To promote the holding of free and fair 

9 elections in Haiti that are monitored by inter10 national monitors. 

11 (D) To combat the human immuno12 deficiency virus (HIV) or the acquired immune 

13 deficiency syndrome (AIDS) in Haiti. 

14 (E) To promote economic development in 

15 Haiti through assistance to critical sectors such 

16 as health and education, and for job creation. 

17 (F) To convene a conference of countries 

18 and organizations—

19 (i) to encourage such countries and or20 ganizations to provide assistance to Haiti; 

21 and 

22 (ii) to coordinate the provision of 

23 large-scale international assistance to 

24 Haiti.
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1 SEC. 805. LIMITATION ON USE OF FUNDS RELATING TO 

2 UNITED STATES POLICY WITH RESPECT TO 

3 JERUSALEM AS THE CAPITAL OF ISRAEL. 

4 (a) LIMITATION ON USE OF FUNDS FOR CONSULATE

5 IN JERUSALEM.—None of the funds authorized to be ap6 propriated by this division may be expended for the oper7 ation of any United States consulate or diplomatic facility 

8 in Jerusalem that is not under the supervision of the 

9 United States Ambassador to Israel. 

10 (b) LIMITATION ON USE OF FUNDS FOR PUBLICA11 TIONS.—None of the funds authorized to be appropriated 

12 by this division may be available for the publication of any 

13 official document of the United States that lists countries 

14 including Israel, and their capital cities unless the publica15 tion identifies Jerusalem as the capital of Israel. 

16 SEC. 806. REQUIREMENT FOR ADDITIONAL REPORT CON17 CERNING EFFORTS TO PROMOTE ISRAEL’S 

18 DIPLOMATIC RELATIONS WITH OTHER COUN19 TRIES. 

20 Section 215(b) of the Foreign Relations Authoriza21 tion Act, Fiscal Year 2003 (Public Law 107–228; 116 

22 Stat. 1366) is amended by inserting ‘‘and again not later 

23 than 60 days after the date of the enactment of the For24 eign Relations Authorization Act, Fiscal Year 2005,’’ after 

25 ‘‘Act,’’ in the matter preceding paragraph (1). 
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1 SEC. 807. UNITED STATES POLICY REGARDING THE REC2 OGNITION OF A PALESTINIAN STATE. 

3 Congress reaffirms the policy of the United States as 

4 articulated in President George W. Bush’s speech of June 

5 24, 2002, regarding the criteria for recognizing a Pales6 tinian state. Congress reiterates the President’s statement 

7 that the United States will not recognize a Palestinian 

8 state until the Palestinians elect new leadership that—

9 (1) is not compromised by terrorism; 

10 (2) demonstrates, over time, a firm and tan11 gible commitment to peaceful co-existence with the 

12 State of Israel and an end to anti-Israel incitement; 

13 and 

14 (3) takes appropriate measures to counter ter15 rorism and terrorist financing in the West Bank and 

16 Gaza, including dismantling terrorist infrastruc17 tures, confiscating unlawful weaponry, and estab18 lishing a new security entity that cooperates fully 

19 with appropriate Israeli security organizations. 

20 SEC. 808. MIDDLE EAST BROADCASTING NETWORK. 

21 (a) AUTHORITY.—The United States International 

22 Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is 

23 amended by inserting after section 309 the following new 

24 section: 
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1 ‘‘SEC. 310. MIDDLE EAST BROADCASTING NETWORK. 

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

3 305 shall be available to make annual grants to a Middle 

4 East Broadcasting Network for the purpose of carrying 

5 out radio and television broadcasting to the Middle East 

6 region. 

7 ‘‘(b) FUNCTION.—The Middle East Broadcasting 

8 Network shall provide radio and television programming 

9 to the Middle East region consistent with the broadcasting 

10 standards and broadcasting principles set forth in section 

11 303 of this Act. 

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

13 grants under this section shall be subject to the following 

14 limitations and restrictions: 

15 ‘‘(1) The Broadcasting Board of Governors may 

16 not make any grant to the nonprofit corporation, 

17 Middle East Broadcasting Network, unless its cer18 tificate of incorporation provides that—

19 ‘‘(A) the Board of Directors of the Middle 

20 East Broadcasting Network shall consist of the 

21 members of the Broadcasting Board of Gov22 ernors established under section 304 and of no 

23 other members; and 

24 ‘‘(B) such Board of Directors shall make 

25 all major policy determinations governing the 

26 operation of the Middle East Broadcasting Net-
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1 work, and shall appoint and fix the compensa2 tion of such managerial officers and employees 

3 of the Middle East Broadcasting Network as it 

4 considers necessary to carry out the purposes of 

5 the grant provided under this title, except that 

6 no officer or employee may be paid a salary or 

7 other compensation in excess of the rate of pay 

8 payable for level III of the Executive Schedule 

9 under section 5314 of title 5, United States 

10 Code. 

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

12 shall require that any contract entered into by the 

13 Middle East Broadcasting Network shall specify that 

14 obligations are assumed by the Middle East Broad15 casting Network and not the United States Govern16 ment. 

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

18 any lease agreement entered into by the Middle East 

19 Broadcasting Network shall be, to the maximum ex20 tent possible, assignable to the United States Gov21 ernment. 

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

23 made pursuant to a grant agreement which requires 

24 that grant funds be used only for activities con25 sistent with this section, and that failure to comply 
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1 with such requirements shall permit the grant to be 

2 terminated without fiscal obligation to the United 

3 States. 

4 ‘‘(5) Duplication of language services and tech5 nical operations between the Middle East Broad6 casting Network (including Radio Sawa), RFE/RL, 

7 and the International Broadcasting Bureau will be 

8 reduced to the extent appropriate, as determined by 

9 the Board. 

10 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN11 TALITY.—Nothing in this title may be construed to make 

12 the Middle East Broadcasting Network a Federal agency 

13 or instrumentality, nor shall the officers or employees of 

14 the Middle East Broadcasting Network be deemed to be 

15 officers or employees of the United States Government. 

16 ‘‘(e) AUDIT AUTHORITY.—

17 ‘‘(1) IN GENERAL.—Such financial transactions 

18 of the Middle East Broadcasting Network as relate 

19 to functions carried out under this section may be 

20 audited by the General Accounting Office in accord21 ance with such principles and procedures and under 

22 such rules and regulations as may be prescribed by 

23 the Comptroller General of the United States. Any 

24 such audit shall be conducted at the place or places 
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1 where accounts of the Middle East Broadcasting 

2 Network are normally kept. 

3 ‘‘(2) ACCESS TO RECORDS.—Representatives of 

4 the General Accounting Office shall have access to 

5 all books, accounts, records, reports, files, papers, 

6 and property belonging to or in use by the Middle 

7 East Broadcasting Network pertaining to such fi8 nancial transactions as necessary to facilitate an 

9 audit. Such representatives shall be afforded full fa10 cilities for verifying transactions with any assets 

11 held by depositories, fiscal agents, and custodians. 

12 All such books, accounts, records, reports, files, pa13 pers, and property of the Middle East Broadcasting 

14 Network shall remain in the custody of the Middle 

15 East Broadcasting Network. 

16 ‘‘(3) INSPECTOR GENERAL.—Notwithstanding 

17 any other provisions of law, the Inspector General 

18 for the Department of State and the Broadcasting 

19 Board of Governors is authorized to exercise the au20 thorities of the Inspector General Act of 1978 with 

21 respect to the Middle East Broadcasting Network.’’. 

22 (b) CONFORMING AMENDMENTS.—

23 (1) AUTHORITIES OF BOARD.—Section 305 of 

24 the United States International Broadcasting Act of 

25 1994 (22 U.S.C. 6204), is amended—
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1 (A) in paragraph (5) of subsection (a), by 

2 striking ‘‘and 309’’ and inserting ‘‘, 309, and 

3 310’’; 

4 (B) in paragraph (6) of subsection (a), by 

5 striking ‘‘and 309’’ and inserting ‘‘, 309, and 

6 310’’; and 

7 (C) in subsection (c), by striking ‘‘and 

8 309’’ and by inserting ‘‘, 309, and 310’’. 

9 (2) INTERNATIONAL BROADCASTING BUREAU.—

10 Section 307 of the United States International 

11 Broadcasting Act of 1994 (22 U.S.C. 6206), is 

12 amended—

13 (A) in subsection (a), by striking ‘‘and 

14 309’’ and inserting ‘‘, 309, and 310’’; and 

15 (B) in subsection (c), by inserting ‘‘, and 

16 Middle East Broadcasting Network,’’ after 

17 ‘‘Asia’’. 

18 (3) IMMUNITY FOR LIABILITY.—Section 304(g) 

19 of the United States International Broadcasting Act 

20 of 1994 (22 U.S.C. 6203(g)), is amended—

21 (A) by striking ‘‘and’’ after ‘‘Incor22 porated’’, and by inserting a comma; and 

23 (B) by adding ‘‘, and Middle East Broad24 casting Network’’ after ‘‘Asia’’. 
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1 (4) CREDITABLE SERVICE.—Section 

2 8332(b)(11) of title 5, United States Code, is 

3 amended by adding ‘‘the Middle East Broadcasting 

4 Network;’’ after ‘‘the Asia Foundation;’’.

5 SEC. 809. SENSE OF CONGRESS RELATING TO MAGEN 

6 DAVID ADOM SOCIETY. 

7 It is the sense of Congress that, in light of the find8 ings of fact set out in section 690(a) of the Foreign Rela9 tions Authorization Act, Fiscal Year 2003 (Public Law 

10 107–228; 116 Stat. 1414) and the fact that the Federa11 tion of Red Cross and Red Crescent Societies has not 

12 granted full membership to the Magen David Adom Soci13 ety, the United States should continue to press for full 

14 membership for the Magen David Adom Society in the 

15 International Red Cross Movement. 

16 SEC. 810. EXTENSION OF AUTHORIZATION OF APPROPRIA17 TION FOR THE UNITED STATES COMMISSION 

18 ON INTERNATIONAL RELIGIOUS FREEDOM. 

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

20 the International Religious Freedom Act of 1998 (22 

21 U.S.C. 6435(a)) is amended by striking ‘‘2003’’ and in22 serting ‘‘2005’’. 

23 (b) TECHNICAL AMENDMENT.—Subsection (b) of 

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

25 inserting ‘‘subsection’’.
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1 SEC. 811. SENSE OF THE SENATE REGARDING THE VISA 

2 WAIVER PROGRAM. 

3 (a) FINDINGS.—The Senate finds the following: 

4 (1) Stopping terrorists from entering the United 

5 States is a key element in the war on terrorism. 

6 (2) The United States is dedicated to the growth 

7 of democracy, a vibrant world economy, and the de8 velopment of broader horizons of knowledge, including 

9 new science and technology. 

10 (3) The present and future prosperity of the 

11 United States, our national security, and our friend12 ship with people of other nations depend upon the 

13 swift movement of people, goods, and services around 

14 the globe. 

15 (4) The process for entry into the United States 

16 must therefore stop terrorists while welcoming legiti17 mate travelers. 

18 (5) New technology, such as passports with bio19 metrics, is a critical tool in achieving these goals. 

20 (6) The Enhanced Border Security and Visa 

21 Entry Reform Act of 2002 (Public Law 107–17) re22 quires that not later than October 26, 2004, the gov23 ernment of each country that is designated to partici24 pate in the visa waiver program established under 

25 section 217 of the Immigration and Nationality Act 

26 (8 U.S.C. 1187) shall certify, as a condition for des-
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1 ignation or continuation of that designation, that it 

2 has a program to issue to its nationals machine-read3 able passports that are tamper-resistant and incor4 porate biometric and document authentication identi5 fiers that comply with applicable biometric and docu6 ment identifying standards established by the Inter7 national Civil Aviation Organization. 

8 (7) The Enhanced Border Security and Visa 

9 Entry Reform Act of 2002 (Public Law 107–17) re10 quires that unless an alien’s passport was issued 

11 prior to October 26, 2004, any alien applying for ad12 mission under the visa waiver program shall present 

13 a passport that meets these biometric and authentica14 tion requirements. 

15 (b) SENSE OF THE SENATE.—It is the sense of the Sen16 ate that Congress and the Administration ensure that the 

17 October 26, 2004, deadline that requires certain visa waiver 

18 program beneficiaries to have passports with biometric and 

19 document authentication identifiers does not disrupt the 

20 entry of legitimate visitors to the United States. 

21 SEC. 812. REPORTING REQUIREMENTS RELATED TO UNITED 

22 STATES INTERNATIONAL AGREEMENTS. 

23 Section 112b of title 1, United States Code, is amend24 ed—

25 (1) in subsection (a)—
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1 (A) by striking ‘‘Congress’’ in the first sen2 tence and inserting ‘‘Committee on Foreign Re3 lations of the Senate and the Committee on 

4 International Relations of the House of Rep5 resentatives’’; and 

6 (B) in the second sentence—

7 (i) by striking ‘‘However, any’’ and in8 serting ‘‘Any’’; and 

9 (ii) by striking ‘‘shall not be so trans10 mitted’’ and all that follows through ‘‘House 

11 of Representatives’’ and inserting ‘‘shall be 

12 transmitted’’; and 

13 (2) in subsection (b)—

14 (A) by striking ‘‘the President shall, under 

15 his own signature,’’ and inserting ‘‘the Secretary 

16 shall’’; 

17 (B) by striking ‘‘Speaker’’ and all that fol18 lows through ‘‘the chairman of the’’; 

19 (C) by inserting ‘‘and the Committee on 

20 International Relations of the House of Rep21 resentatives’’ after ‘‘of the Senate’’; and 

22 (D) by striking ‘‘the Congress’’ and insert23 ing ‘‘such Committees’’. 
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1 SEC. 813. REQUIREMENT TO SUBMIT TO CONGRESS FIND2 INGS UNDER THE DIPLOMATIC SECURITY 

3 ACT. 

4 (a) REQUIREMENT.—Section 304 of the Diplomatic 

5 Security Act (22 U.S.C. 4834) is amended in subsection (b), 

6 by striking ‘‘State,’’ and inserting ‘‘State and the appro7 priate congressional committees,’’. 

8 (b) CONFORMING AND CLARIFYING AMENDMENTS.—

9 (1) PROGRAM RECOMMENDATIONS.—Paragraph 

10 (1) of subsection (d) of such section is amended to 

11 read as follows: 

12 ‘‘(1) PROGRAM RECOMMENDATIONS.—In any 

13 case in which a Board transmits recommendations 

14 under subsection (b) of this section, the Secretary of 

15 State shall, not later than 90 days after the receipt 

16 of such recommendations, submit a report to the ap17 propriate congressional committees on each such rec18 ommendation and the action taken with respect to 

19 that recommendation.’’. 

20 (2) PERSONNEL RECOMMENDATIONS.—Para21 graph (2) of such subsection is amended by striking 

22 ‘‘Congress’’ and inserting ‘‘appropriate congressional 

23 committees’’. 

24 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE25 FINED.—Such section is further amended by adding at the 

26 end the following new subsection: 
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1 ‘‘(e) APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED.—In this section, the term ‘appropriate congres3 sional committees’ means the Committee on Foreign Rela4 tions of the Senate and the Committee on International Re5 lations of the House of Representatives.’’. 

6 SEC. 814. COMBATTING PIRACY OF UNITED STATES COPY7 RIGHTED MATERIALS. 

8 (a) PROGRAM AUTHORIZED.—The Secretary may 

9 carry out a program of activities to combat piracy in coun10 tries that are not members of the Organization for Eco11 nomic Cooperation and Development (OECD), including 

12 activities as follows: 

13 (1) The provision of equipment and training for 

14 law enforcement, including in the interpretation of 

15 intellectual property laws. 

16 (2) The provision of training for judges and 

17 prosecutors, including in the interpretation of intel18 lectual property laws. 

19 (3) The provision of assistance in complying 

20 with obligations under applicable international trea21 ties and agreements on copyright and intellectual 

22 property. 

23 (b) DISCHARGE THROUGH BUREAU OF ECONOMIC AF24 FAIRS.—The Secretary shall carry out the program author-
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1 ized by subsection (a) through the Bureau of Economic Af2 fairs of the Department. 

3 (c) CONSULTATION WITH WORLD INTELLECTUAL

4 PROPERTY ORGANIZATION.—In carrying out the program 

5 authorized by subsection (a), the Secretary shall, to the 

6 maximum extent practicable, consult with and provide as7 sistance to the World Intellectual Property Organization in 

8 order to promote the integration of countries described in 

9 subsection (a) into the global intellectual property system. 

10 (d) FUNDING.—Of the amount authorized to be appro11 priated for other educational and cultural exchange pro12 grams by section 102(a)(1)(A), $5,000,000 may be available 

13 in fiscal year 2005 for the program authorized by subsection 

14 (a). 

15 SEC. 815. TREATMENT OF NATIONALS OF THE DEMOCRATIC 

16 PEOPLE’S REPUBLIC OF KOREA. 

17 (a) PURPOSE.—The purpose of this section is to ensure 

18 that North Koreans are not barred from eligibility for ref19 ugee status or asylum in the United States on account of 

20 any legal right to citizenship they may enjoy under the 

21 Constitution of the Republic of Korea. This section is not 

22 intended in any way to prejudice whatever rights to citizen23 ship North Koreans may enjoy under the Constitution of 

24 the Republic of Korea. 
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1 (b) TREATMENT OF NORTH KOREANS.—For purposes 

2 of eligibility for refugee status under section 207 of the Im3 migration and Nationality Act (8 U.S.C. 1157), or for asy4 lum under section 208 of such Act (8 U.S.C. 1158), a na5 tional of the Democratic People’s Republic of Korea shall 

6 not be excluded from such status only because such national 

7 is eligible to become a national of the Republic of Korea. 

8 SEC. 816. EDUCATION OF DEPENDENTS OF BROADCASTING 

9 BOARD OF GOVERNORS PERSONNEL STA10 TIONED IN THE COMMONWEALTH OF THE 

11 NORTHERN MARIANA ISLANDS. 

12 (a) PAYMENT OF EXPENSES OF PRIMARY AND SEC13 ONDARY EDUCATION.—

14 (1) IN GENERAL.—The Broadcasting Board of 

15 Governors may, at the discretion of the Board, pay 

16 the expenses of primary and secondary education of 

17 dependents of Board personnel stationed in the Com18 monwealth of the Northern Mariana Islands if the 

19 Board determines that the schools available in the 

20 Commonwealth are unable to provide an adequate 

21 primary and secondary education to such dependents. 

22 (2) LIMITATION.—Amounts paid for expenses 

23 under paragraph (1) may not exceed the authorized 

24 cost of the Department of Defense in providing pri25 mary and secondary education to dependents of mem-
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1 bers of the Armed Forces and civilian employees of 

2 the Federal Government in the Commonwealth of the 

3 Northern Mariana Islands. 

4 (b) TRANSPORTATION TO PLACE OF EDUCATION.—The 

5 Board may, at the discretion of the Board, provide trans6 portation for dependents of Board personnel described in 

7 subsection (a) between the place of residence of such depend8 ents and their place of primary or secondary education if 

9 the Board determines that such place of education is not 

10 accessible by public means of transportation.

11 TITLE IX—PEACE CORPS CHAR12 TER FOR THE 21ST CENTURY 

13 SEC. 901. SHORT TITLE. 

14 This title may be cited as the ‘‘Peace Corps Charter 

15 for the 21st Century Act’’. 

16 SEC. 902. FINDINGS. 

17 Congress makes the following findings: 

18 (1) The Peace Corps was established in 1961 to 

19 promote world peace and friendship through the 

20 service of United States volunteers abroad. 

21 (2) The Peace Corps has sought to fulfill three 

22 goals, as follows: 

23 (A) To help people in developing nations 

24 meet basic needs. 
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1 (B) To promote understanding of Amer2 ica’s values and ideals abroad. 

3 (C) To promote an understanding of other 

4 peoples by Americans. 

5 (3) The three goals, which are codified in the 

6 Peace Corps Act, have guided the Peace Corps and 

7 its volunteers over the years, and worked in concert 

8 to promote global acceptance of the principles of 

9 international peace and nonviolent coexistence 

10 among peoples of diverse cultures and systems of 

11 government. 

12 (4) Since its establishment, approximately 

13 165,000 Peace Corps volunteers have served in 135 

14 countries. 

15 (5) After more than 40 years of operation, the 

16 Peace Corps remains the world’s premier inter17 national service organization dedicated to promoting 

18 grassroots development. 

19 (6) The Peace Corps remains committed to 

20 sending well trained and well supported Peace Corps 

21 volunteers overseas to promote peace, friendship, 

22 and international understanding. 

23 (7) The Peace Corps operates in 70 countries 

24 with 7,000 Peace Corps volunteers. 
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1 (8) The Peace Corps is an independent agency, 

2 and therefore no Peace Corps personnel or volun3 teers should be used to accomplish any goal other 

4 than the goals established by the Peace Corps Act. 

5 (9) The Crisis Corps has been an effective tool 

6 in harnessing the skills and talents for returned 

7 Peace Corps volunteers and should be expanded to 

8 utilize to the maximum extent the talent pool of re9 turned Peace Corps volunteers. 

10 (10) There is deep misunderstanding and mis11 information about the values and ideals of the 

12 United States in many parts of the world, particu13 larly those with substantial Muslim populations, and 

14 a greater Peace Corps presence in such places could 

15 foster greater understanding and tolerance. 

16 (11) Congress has declared that the Peace 

17 Corps should be expanded to sponsor a minimum of 

18 10,000 Peace Corps volunteers. 

19 (12) President George W. Bush has called for 

20 the doubling of the number of Peace Corps volun21 teers in service. 

22 (13) Any expansion of the Peace Corps must 

23 not jeopardize the quality of the Peace Corps volun24 teer experience, and therefore can only be accom-
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1 plished by an appropriate increase in field and head2 quarters support staff. 

3 (14) In order to ensure that proposed expansion 

4 of the Peace Corps preserves the integrity of the 

5 program and the security of volunteers, the inte6 grated Planning and Budget System supported by 

7 the Office of Planning and Policy Analysis should 

8 continue its focus on strategic planning. 

9 (15) A streamlined, bipartisan National Peace 

10 Corps Advisory Council composed of distinguished 

11 returned Peace Corps volunteers and other individ12 uals, with diverse backgrounds and expertise, can be 

13 a source of ideas and suggestions that may be useful 

14 to the Director of the Peace Corps in discharging 

15 the Director’s duties and responsibilities. 

16 SEC. 903. DEFINITIONS. 

17 In this title: 

18 (1) DIRECTOR.—The term ‘‘Director’’ means 

19 the Director of the Peace Corps. 

20 (2) PEACE CORPS VOLUNTEER.—The term 

21 ‘‘Peace Corps volunteer’’ means a volunteer or a vol22 unteer leader under the Peace Corps Act (22 U.S.C. 

23 2501 et seq.). 

24 (3) RETURNED PEACE CORPS VOLUNTEER.—

25 The term ‘‘returned Peace Corps volunteer’’ means 
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1 a person who has been certified by the Director as 

2 having served satisfactorily as a Peace Corps volun3 teer. 

4 SEC. 904. STRENGTHENED INDEPENDENCE OF THE PEACE 

5 CORPS. 

6 (a) RECRUITMENT OF VOLUNTEERS.—Section 2A of 

7 the Peace Corps Act (22 U.S.C. 2501–1) is amended by 

8 adding at the end the following new sentence: ‘‘As the 

9 Peace Corps is an independent agency, all recruiting of 

10 volunteers shall be undertaken primarily by the Peace 

11 Corps.’’. 

12 (b) DETAILS AND ASSIGNMENTS.—Section 5(g) of 

13 the Peace Corps Act (22 U.S.C. 2504(g)) is amended by 

14 inserting after ‘‘Provided, That’’ the following: ‘‘such de15 tail or assignment does not contradict the standing of 

16 Peace Corps volunteers as being independent: Provided 

17 further, That’’. 

18 SEC. 905. REPORTS AND CONSULTATIONS. 

19 (a) ANNUAL REPORTS; CONSULTATIONS ON NEW

20 INITIATIVES.—The Peace Corps Act is amended by strik21 ing the heading for section 11 (22 U.S.C. 2510) and all 

22 that follows through the end of such section and inserting 

23 the following: 
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1 ‘‘SEC. 11. ANNUAL REPORTS; CONSULTATIONS ON NEW INI2 TIATIVES. 

3 ‘‘(a) ANNUAL REPORTS.—The Director shall trans4 mit to Congress, at least once in each fiscal year, a report 

5 on operations under this Act. Each report shall contain—

6 ‘‘(1) a description of efforts undertaken to im7 prove coordination of activities of the Peace Corps 

8 with activities of international voluntary service or9 ganizations, such as the United Nations volunteer 

10 program, and of host country voluntary service orga11 nizations, including—

12 ‘‘(A) a description of the purpose and 

13 scope of any development project which the 

14 Peace Corps undertook during the preceding 

15 fiscal year as a joint venture with any such 

16 international or host country voluntary service 

17 organizations; and 

18 ‘‘(B) recommendations for improving co19 ordination of development projects between the 

20 Peace Corps and any such international or host 

21 country voluntary service organizations; 

22 ‘‘(2) a description of—

23 ‘‘(A) any major new initiatives that the 

24 Peace Corps has under review for the upcoming 

25 fiscal year, and any major initiatives that were 
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1 undertaken in the previous fiscal year that were 

2 not included in prior reports to Congress; 

3 ‘‘(B) the rationale for undertaking such 

4 new initiatives; 

5 ‘‘(C) an estimate of the cost of such initia6 tives; and 

7 ‘‘(D) any impact such initiatives may have 

8 on the safety of volunteers; and 

9 ‘‘(3) a description of standard security proce10 dures for any country in which the Peace Corps op11 erates programs or is considering doing so, as well 

12 as any special security procedures contemplated be13 cause of changed circumstances in specific countries, 

14 and assessing whether security conditions would be 

15 enhanced—

16 ‘‘(A) by colocating volunteers with inter17 national or local nongovernmental organiza18 tions; or 

19 ‘‘(B) with the placement of multiple volun20 teers in one location. 

21 ‘‘(b) CONSULTATIONS ON NEW INITIATIVES.—The 

22 Director of the Peace Corps should consult with the Com23 mittee on Foreign Relations of the Senate and the Com24 mittee on International Relations of the House of Rep25 resentatives with respect to any major new initiatives not 
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1 previously discussed in the latest annual report submitted 

2 to Congress under subsection (a) or in budget presen3 tations. Whenever possible, such consultations should take 

4 place prior to the initiation of such initiatives, but in any 

5 event as soon as is practicable thereafter.’’. 

6 (b) ONE-TIME REPORT ON STUDENT LOAN FOR7 GIVENESS PROGRAMS.—Not later than 30 days after the 

8 date of the enactment of this Act, the Director shall sub9 mit to the appropriate congressional committees a report 

10 containing—

11 (1) a description of the student loan forgiveness 

12 programs currently available to Peace Corps volun13 teers upon completion of their service; 

14 (2) a comparison of such programs with other 

15 Government-sponsored student loan forgiveness pro16 grams; and 

17 (3) recommendations for any additional student 

18 loan forgiveness programs that could attract more 

19 applicants from more low- and middle-income appli20 cants facing high student loan obligations. 

21 SEC. 906. INCREASING THE NUMBER OF VOLUNTEERS. 

22 (a) REQUIREMENT.—The Director shall develop a 

23 plan to increase the number of Peace Corps volunteers to 

24 a number that is not less than twice the number of Peace 
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1 Corps volunteers who were enrolled in the Peace Corps 

2 on September 30, 2002. 

3 (b) REPORT ON INCREASING THE NUMBER OF VOL4 UNTEERS.—

5 (1) INITIAL REPORT.—Not later than 30 days 

6 after the date of the enactment of this Act, the Di7 rector shall submit to the appropriate congressional 

8 committees a report describing in detail the Direc9 tor’s plan for increasing the number of Peace Corps 

10 volunteers as described in subsection (a), including 

11 a five-year budget plan for funding such increase in 

12 the number of volunteers. 

13 (2) SUBSEQUENT REPORTS.—Not later than 

14 January 31 of each year in which the number of 

15 Peace Corps volunteers is less than twice the num16 ber of Peace Corps volunteers who were enrolled in 

17 the Peace Corps on September 30, 2002, the Direc18 tor shall submit to the appropriate congressional 

19 committees an update on the report described in 

20 paragraph (1). 
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1 SEC. 907. SPECIAL VOLUNTEER RECRUITMENT AND PLACE2 MENT FOR COUNTRIES WHOSE GOVERN3 MENTS ARE SEEKING TO FOSTER GREATER 

4 UNDERSTANDING BETWEEN THEIR CITIZENS 

5 AND THE UNITED STATES. 

6 (a) REPORT.—Not later than 60 days after the date 

7 of the enactment of this Act, the Director shall submit 

8 to the appropriate congressional committees a report de9 scribing the initiatives that the Peace Corps intends to 

10 pursue with eligible countries where the presence of Peace 

11 Corps volunteers would facilitate a greater understanding 

12 that there exists a universe of commonly shared human 

13 values and aspirations. Such report shall include—

14 (1) a description of the recruitment strategies 

15 to be employed by the Peace Corps to recruit and 

16 train volunteers with the appropriate language skills 

17 and interest in serving in such countries; and 

18 (2) a list of the countries that the Director has 

19 determined should be priorities for special recruit20 ment and placement of Peace Corps volunteers. 

21 (b) USE OF RETURNED PEACE CORPS VOLUN22 TEERS.—Notwithstanding any other provision of law, the 

23 Director is authorized and strongly urged to utilize the 

24 services of returned Peace Corps volunteers having lan25 guage and cultural expertise, including those returned 

26 Peace Corps volunteers who may have served previously 
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1 in countries with substantial Muslim populations, in order 

2 to open or reopen Peace Corps programs in such coun3 tries. 

4 SEC. 908. GLOBAL INFECTIOUS DISEASES INITIATIVE. 

5 The Director, in cooperation with international public 

6 health experts such as experts of the Centers for Disease 

7 Control and Prevention, the National Institutes of Health, 

8 the World Health Organization, the Pan American Health 

9 Organization, and local public health officials, shall de10 velop a program of training for all Peace Corps volunteers 

11 in the areas of education, prevention, and treatment of 

12 infectious diseases in order to ensure that all Peace Corps 

13 volunteers make a contribution to the global campaign 

14 against such diseases. 

15 SEC. 909. PEACE CORPS NATIONAL ADVISORY COUNCIL. 

16 Section 12 of the Peace Corps Act (22 U.S.C. 2511) 

17 is amended—

18 (1) in subsection (b)(2), by striking subpara19 graph (D) and inserting the following: 

20 ‘‘(D) make recommendations for utilizing the 

21 expertise of returned Peace Corps volunteers in ful22 filling the goals of the Peace Corps.’’; 

23 (2) in subsection (c)(2)—

24 (A) in subparagraph (A)—
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1 (i) in the first sentence, by striking 

2 ‘‘fifteen’’ and inserting ‘‘seven’’; and 

3 (ii) by striking the second sentence 

4 and inserting the following: ‘‘Four of the 

5 members shall be former Peace Corps vol6 unteers, at least one of whom shall have 

7 been a former staff member abroad or in 

8 the Washington headquarters, and not 

9 more than four shall be members of the 

10 same political party.’’; 

11 (B) by striking subparagraph (D) and in12 serting the following: 

13 ‘‘(D) The members of the Council shall be appointed 

14 for 2-year terms.’’; 

15 (C) by striking subparagraphs (B) and 

16 (H); and 

17 (D) by redesignating subparagraphs (C), 

18 (D), (E), (F), (G), and (I) as subparagraphs 

19 (B), (C), (D), (E), (F), and (G), respectively; 

20 (3) by striking subsection (g) and inserting the 

21 following: 

22 ‘‘(g) CHAIR.—The President shall designate one of 

23 the voting members of the Council as Chair, who shall 

24 serve in that capacity for a period not to exceed two 

25 years.’’; 
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1 (4) by striking subsection (h) and inserting the 

2 following: 

3 ‘‘(h) MEETINGS.—The Council shall hold a regular 

4 meeting during each calendar quarter at a date and time 

5 to be determined by the Chair of the Council.’’; and 

6 (5) by striking subsection (i) and inserting the 

7 following: 

8 ‘‘(i) REPORT.—Not later than July 30 of each year, 

9 the Council shall submit a report to the President and the 

10 Director of the Peace Corps describing how the Council 

11 has carried out its functions under subsection (b)(2).’’. 

12 SEC. 910. READJUSTMENT ALLOWANCES. 

13 (a) INCREASED RATES.—The Peace Corps Act is 

14 amended—

15 (1) in section 5(c) (22 U.S.C. 2504(c)), by 

16 striking ‘‘$125’’ and inserting ‘‘$275’’; and 

17 (2) in section 6(1) (22 U.S.C. 2505(1)), by 

18 striking ‘‘$125’’ and inserting ‘‘$275’’. 

19 (b) EFFECTIVE DATE.—The amendments made by 

20 subsection (a) shall take effect on the first day of the first 

21 month that begins on or after the date of the enactment 

22 of this Act. 
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1 SEC. 911. PROGRAMS AND PROJECTS OF RETURNED PEACE 

2 CORPS VOLUNTEERS TO PROMOTE THE 

3 GOALS OF THE PEACE CORPS. 

4 (a) PURPOSE.—The purpose of this section is to pro5 vide support for returned Peace Corps volunteers to de6 velop and carry out programs and projects to promote the 

7 third purpose of the Peace Corps Act, as set forth in sec8 tion 2(a) of that Act (22 U.S.C. 2501(a)), relating to pro9 moting an understanding of other peoples on the part of 

10 the American people. 

11 (b) GRANTS TO CERTAIN NONPROFIT CORPORA12 TIONS.—

13 (1) GRANT AUTHORITY.—The Chief Executive 

14 Officer of the Corporation for National and Commu15 nity Service established by section 191 of the Na16 tional and Community Service Act of 1990 (42 

17 U.S.C. 12651) (hereafter in the section referred to 

18 as the ‘‘Corporation’’) shall award grants on a com19 petitive basis to private nonprofit corporations for 

20 the purpose of enabling returned Peace Corps volun21 teers to use their knowledge and expertise to develop 

22 programs and projects to carry out the purpose de23 scribed in subsection (a). 

24 (2) PROGRAMS AND PROJECTS.—The programs 

25 and projects that may receive grant funds under this 

26 section include—
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1 (A) educational programs designed to en2 rich the knowledge and interest of elementary 

3 school and secondary school students in the ge4 ography and cultures of other countries where 

5 the volunteers have served; 

6 (B) projects that involve partnerships with 

7 local libraries to enhance community knowledge 

8 about other peoples and countries; and 

9 (C) audio-visual projects that utilize mate10 rials collected by the volunteers during their 

11 service that would be of educational value to 

12 communities. 

13 (3) ELIGIBILITY.—To be eligible for a grant 

14 under this section, a nonprofit corporation shall have 

15 a board of directors composed of returned Peace 

16 Corps volunteers with a background in community 

17 service, education, or health. The nonprofit corpora18 tion shall meet all management requirements that 

19 the Corporation determines appropriate and pre20 scribes as conditions for eligibility for the grant. 

21 (c) GRANT REQUIREMENTS.—A grant under this sec22 tion shall be made pursuant to a grant agreement between 

23 the Corporation and the nonprofit corporation that—

24 (1) requires grant funds be used only to sup25 port programs and projects to carry out the purpose 
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1 described in subsection (a) through the funding of 

2 proposals submitted by returned Peace Corps volun3 teers (either individually or cooperatively with other 

4 returned volunteers); 

5 (2) requires the nonprofit corporation to give 

6 preferential consideration to proposals submitted by 

7 returned Peace Corps volunteers that request less 

8 than $100,000 to carry out a program or project; 

9 (3) requires that not more than 20 percent of 

10 the grant funds made available to the nonprofit cor11 poration be used for the salaries, overhead, or other 

12 administrative expenses of the nonprofit corporation; 

13 (4) prohibits the nonprofit corporation from re14 ceiving grant funds for more than 2 years unless, 

15 beginning in the third year, the nonprofit corpora16 tion makes available, to carry out the programs or 

17 projects that receive grant funds during that year, 

18 non-Federal contributions—

19 (A) in an amount not less than $2 for 

20 every $3 of Federal funds provided through the 

21 grant; and 

22 (B) provided directly or through donations 

23 from private entities, in cash or in kind, fairly 

24 evaluated, including plant, equipment, or serv25 ices; and 
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1 (5) requires the nonprofit corporation to man2 age, monitor, and report to the Corporation on the 

3 progress of each program or project for which the 

4 nonprofit corporation provides funding from a grant 

5 under this section. 

6 (d) STATUS OF THE FUND.—Nothing in this section 

7 shall be construed to make any nonprofit corporation sup8 ported under this section an agency or establishment of 

9 the Federal Government or to make any member of the 

10 board of directors or any officer or employee of such non11 profit corporation an officer or employee of the United 

12 States. 

13 (e) FACTORS IN AWARDING GRANTS.—In deter14 mining the number of nonprofit corporations to receive 

15 grants under this section for any fiscal year, the Corpora16 tion shall—

17 (1) consider the need to minimize overhead 

18 costs and maximize resources available to fund pro19 grams and projects; and 

20 (2) seek to ensure that programs and projects 

21 receiving grant funds are carried out across a broad 

22 geographical distribution. 

23 (f) CONGRESSIONAL OVERSIGHT.—Grant recipients 

24 under this section shall be subject to the appropriate over25 sight procedures of Congress. 
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1 (g) FUNDING.—

2 (1) IN GENERAL.—In addition to any other 

3 funds made available to the Corporation under any 

4 other provision of law, there is authorized to be ap5 propriated to the Corporation to carry out this sec6 tion, $10,000,000. 

7 (2) AVAILABILITY.—Amounts appropriated pur8 suant to paragraph (1) are authorized to remain 

9 available until expended. 

10 SEC. 912. AUTHORIZATION OF APPROPRIATIONS. 

11 Section 3(b)(1) of the Peace Corps Act (22 U.S.C. 

12 2502(b)(1)) is amended by striking ‘‘$270,000,000’’ and 

13 all that follows through ‘‘2003’’ and inserting 

14 ‘‘$351,000,000 for fiscal year 2005, $443,000,000 for fis15 cal year 2006, and $485,000,000 for fiscal year 2007’’. 

16 DIVISION B—FOREIGN 

17 ASSISTANCE AUTHORIZATIONS 

18 SEC. 2001. SHORT TITLE. 

19 This division may be cited as the ‘‘Foreign Assistance 

20 Authorization Act, Fiscal Year 2005’’. 
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1 TITLE XXI—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 Subtitle A—Development Assist4 ance and Related Programs Au5 thorizations 

6 SEC. 2101. DEVELOPMENT ASSISTANCE. 

7 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

8 authorized to be appropriated to the President for ‘‘Devel9 opment Assistance’’, $1,346,000,000 for fiscal year 2005 

10 to carry out sections 103, 105, 106, and 496 of the For11 eign Assistance Act of 1961 (22 U.S.C. 2151a, 2151c, 

12 2151d, and 2293). 

13 (b) AVAILABILITY.—Amounts appropriated under 

14 this section for the purposes specified in subsection (a)—

15 (1) are authorized to remain available until ex16 pended; and 

17 (2) are in addition to amounts otherwise avail18 able for such purposes. 

19 (c) REPEAL OF OBSOLETE AUTHORIZATIONS.—

20 (1) AGRICULTURE, RURAL DEVELOPMENT, AND

21 NUTRITION.—Section 103(a) of the Foreign Assist22 ance Act of 1961 (22 U.S.C. 2151a(a)) is amend23 ed—

24 (A) by striking ‘‘(a)(1)’’ and inserting 

25 ‘‘(a)’’; 
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1 (B) by striking paragraphs (2) and (3); 

2 and 

3 (C) by redesignating subparagraphs (A), 

4 (B), and (C), as paragraphs (1), (2), and (3), 

5 respectively. 

6 (2) EDUCATION AND HUMAN RESOURCES DE7 VELOPMENT.—Section 105(a) of such Act (22 

8 U.S.C. 2151c(a)) is amended by striking the second 

9 sentence. 

10 (3) ENERGY, PRIVATE VOLUNTARY ORGANIZA11 TIONS, AND SELECTED DEVELOPMENT ACTIVI12 TIES.—Section 106 of such Act (22 U.S.C. 2151d) 

13 is amended by striking subsections (e) and (f). 

14 (d) TECHNICAL AMENDMENT OF DEVELOPMENT

15 FUND FOR AFRICA.—Section 497 of the Foreign Assist16 ance Act of 1961 (22 U.S.C. 2294) is amended by striking 

17 ‘‘AUTHORIZATIONS OF APPROPRIATIONS FOR THE DE18 VELOPMENT FUND FOR AFRICA.—’’ and inserting 

19 ‘‘AVAILABILITY OF FUNDS.—’’. 

20 SEC. 2102. CHILD SURVIVAL AND HEALTH PROGRAMS 

21 FUND. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated to the President for 

24 ‘‘Child Survival and Health Programs Fund’’, 

25 $1,620,000,000 for fiscal year 2005 to carry out sections 
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1 104 and 496 of the Foreign Assistance Act of 1961 (22 

2 U.S.C. 2151b and 2293). Amounts authorized to be ap3 propriated under this section are in addition to amounts 

4 available under other provisions of law to combat the 

5 human immunodeficiency virus (HIV), or the acquired im6 mune deficiency syndrome (AIDS), tuberculosis, or ma7 laria. 

8 (b) FAMILY PLANNING PROGRAMS.—Of the amount 

9 authorized to be appropriated under subsection (a), 

10 $346,000,000 may be used for assistance under sections 

11 104(b) and 496(i)(3) of the Foreign Assistance Act of 

12 1961 (22 U.S.C. 2151b(b) and 2293(i)(3)). 

13 (c) AVAILABILITY.—Amounts appropriated under 

14 this section for the purposes specified in subsection (a)—

15 (1) are authorized to remain available until ex16 pended; and 

17 (2) are in addition to amounts otherwise avail18 able for such purposes. 

19 (d) REPEAL OF OBSOLETE AUTHORIZATIONS AND

20 TECHNICAL AMENDMENTS.—Section 104(c) of the For21 eign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is 

22 amended—

23 (1) in paragraph (2)—

24 (A) by striking subparagraphs (B) and 

25 (C); and 
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1 (B) by striking ‘‘(2)(A)’’ and inserting 

2 ‘‘(2)’’; and 

3 (2) in paragraph (3), by striking the last sen4 tence. 

5 SEC. 2103. DEVELOPMENT CREDIT AUTHORITY. 

6 Chapter 1 of part I of the Foreign Assistance Act 

7 of 1961 (22 U.S.C. 2151 et seq.) is amended by inserting 

8 after section 108 (22 U.S.C. 2151f) the following: 

9 ‘‘SEC. 108A. DEVELOPMENT CREDIT AUTHORITY. 

10 ‘‘(a) FINDINGS.—Congress makes the following find11 ings: 

12 ‘‘(1) Developing countries often have large re13 serves of privately held capital that are not being 

14 adequately mobilized and invested due to weak fi15 nancial institutions and other market imperfections 

16 in such countries. 

17 ‘‘(2) Partial loan guarantees, particularly when 

18 used as an integral part of a development strategy, 

19 are useful to leverage local private capital for devel20 opment while reforming and strengthening devel21 oping country financial markets. 

22 ‘‘(3) Requiring risk-sharing guarantees and lim23 iting guarantee assistance to private lenders encour24 ages such lenders to provide appropriate oversight 

25 and management of development projects funded 
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1 with loans made by such lenders and, thereby, maxi2 mize the benefit which such projects will achieve. 

3 ‘‘(b) POLICY.—It is the policy of the United States 

4 to make partial loan guarantees available to private lend5 ers to fund development projects in developing countries 

6 that encourage such lenders to provide appropriate over7 sight and management of such development projects. 

8 ‘‘(c) AUTHORITY.—To carry out the policy set forth 

9 in subsection (b), the President is authorized to provide 

10 assistance in the form of loans and partial loan guarantees 

11 to private lenders in developing countries to achieve the 

12 economic development purposes of the provisions of this 

13 part.

14 ‘‘(d) PRIORITY FOR ASSISTANCE.—The President, in 

15 providing assistance under this section, shall give priority 

16 to providing partial loan guarantees made pursuant to the 

17 authority in subsection (c) that are used in transactions 

18 in which the financial risk of loss to the United States 

19 Government under such guarantee does not exceed the fi20 nancial risk of loss of the private lender that receives such 

21 guarantee.

22 ‘‘(d) POLICIES TO LIMIT FINANCIAL RISK TO THE

23 UNITED STATES.—

24 ‘‘(1) PRIORITY FOR ASSISTANCE.—The President, 

25 in providing assistance under this section, shall give 
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1 priority to providing partial loan guarantees made 

2 pursuant to the authority in subsection (c) that are 

3 used in transactions in which the financial risk of 

4 loss to the United States Government under such 

5 guarantee does not exceed the financial risk of loss of 

6 the private lender that receives such guarantee. 

7 ‘‘(2) MAXIMUM EXPOSURE.—The investment or 

8 risk of the United States in any one development 

9 project may not exceed 70 percent of the total out10 standing investment or risk associated with such 

11 project.

12 ‘‘(e) TERMS AND CONDITIONS.—Assistance provided

13 ‘‘(e) TERMS AND CONDITIONS.—

14 ‘‘(1) IN GENERAL.—Assistance provided under 

15 this section shall be provided on such terms and con16 ditions as the President determines appropriate.

17 ‘‘(2) MAXIMUM TOTAL AMOUNT OF LOANS OR

18 GUARANTIES PER BORROWER.—The principal amount 

19 of loans made or guaranteed under this section in 

20 any fiscal year, with respect to any single country or 

21 borrower, may not exceed $100,000,000.

22 ‘‘(f) OBLIGATIONS OF THE UNITED STATES.—A par23 tial loan guarantee made under subsection (c) shall con24 stitute an obligation, in accordance with the terms of such 

25 guarantee, of the United States of America and the full 
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1 faith and credit of the United States of America is pledged 

2 for the full payment and performance of such obligation. 

3 ‘‘(g) PROCUREMENT PROVISIONS.—Assistance may 

4 be provided under this section notwithstanding section 

5 604(a). 

6 ‘‘(h) DEVELOPMENT CREDIT AUTHORITY PROGRAM

7 ACCOUNT.—There is established on the books of the 

8 Treasury an account known as the Development Credit 

9 Authority Program Account. There shall be deposited into 

10 the account all amounts made available for providing as11 sistance under this section, other than amounts made 

12 available for administrative expenses to carry out this sec13 tion. Amounts in the Account shall be available to provide 

14 assistance under this section. 

15 ‘‘(i) AVAILABILITY OF FUNDS.—

16 ‘‘(1) IN GENERAL.—Of the amounts authorized 

17 to be available for the purposes of part I of this Act 

18 and for the Support for Eastern European Democ19 racy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.), 

20 not more than $21,000,000 for fiscal year 2005 may 

21 be made available to carry out this section. 

22 ‘‘(2) TRANSFER OF FUNDS.—Amounts made 

23 available under paragraph (1) may be transferred to 

24 the Development Credit Authority Program Account 

25 established by subsection (h). 
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1 ‘‘(3) SUBSIDY COST.—Amounts made available 

2 under paragraph (1) shall be available for the sub3 sidy cost, as defined in section 502(5) of the Federal 

4 Reform Credit Act of 1990 (2 U.S.C. 661a(5)), of 

5 activities under this section. 

6 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—

7 ‘‘(1) IN GENERAL.—There is authorized to be 

8 appropriated for administrative expenses to carry 

9 out this section $8,000,000 for fiscal year 2005. 

10 ‘‘(2) TRANSFER OF FUNDS.—The amounts ap11 propriated for administrative expenses under para12 graph (1) may be transferred to and merged with 

13 amounts made available under section 667(a). 

14 ‘‘(k) AVAILABILITY.—Amounts appropriated or made 

15 available under this section are authorized to remain avail16 able until expended.’’.

17 SEC. 2104. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE 

18 TO FOREIGN GOVERNMENTS AND FOREIGN 

19 CENTRAL BANKS OF DEVELOPING OR TRAN20 SITIONAL COUNTRIES. 

21 Section 129(j)(1) of the Foreign Assistance Act of 

22 1961 (22 U.S.C. 2151aa(j)(1)) is amended by striking 

23 ‘‘$5,000,000 for fiscal year 1999’’ and inserting 

24 ‘‘$17,500,000 for fiscal year 2005’’. 
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1 SEC. 2105. INTERNATIONAL ORGANIZATIONS AND PRO2 GRAMS. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

4 302 of the Foreign Assistance Act of 1961 (22 U.S.C. 

5 2222) is amended by striking subsections (a) through (j) 

6 and inserting the following: 

7 ‘‘(a) There is authorized to be appropriated to the 

8 President $304,450,000 for fiscal year 2005 for grants to 

9 carry out the purposes of this chapter. Amounts appro10 priated pursuant to the authorization of appropriations in 

11 this section are in addition to amounts otherwise available 

12 for such purposes.’’. 

13 (b) CONFORMING AMENDMENTS.—Such section is 

14 further amended—

15 (1) in the heading, by striking ‘‘AUTHORIZA16 TION.—’’ and inserting ‘‘AUTHORIZATION OF AP17 PROPRIATIONS.—’’; and 

18 (2) by redesignating subsections (k), (l), and 

19 (m) as subsections (b), (c), and (d), respectively. 

20 SEC. 2106. CONTINUED AVAILABILITY OF CERTAIN FUNDS 

21 WITHHELD FROM INTERNATIONAL ORGANI22 ZATIONS. 

23 Section 307 of the Foreign Assistance Act of 1961 

24 (22 U.S.C. 2227) is amended by adding at the end the 

25 following new subsection: 
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1 ‘‘(e) Funds available in any fiscal year to carry out 

2 the provisions of this chapter that are returned or not 

3 made available for organizations and programs because of 

4 the application of this section shall remain available for 

5 obligation until September 30 of the fiscal year after the 

6 fiscal year for which such funds are appropriated.’’.

7 SEC. 2107. INTERNATIONAL DISASTER ASSISTANCE.

8 SEC. 2107. INTERNATIONAL DISASTER AND FAMINE ASSIST9 ANCE.

10 Section 492(a) of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2292a(a)) is amended by striking 

12 ‘‘$25,000,000 for fiscal year 1986 and $25,000,000 for 

13 fiscal year 1987’’ and inserting ‘‘$385,500,000 for fiscal 

14 year 2005’’. 

15 SEC. 2108. TRANSITION INITIATIVES. 

16 Section 494 of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2292c) is amended to read as follows: 

18 ‘‘SEC. 494. TRANSITION AND DEVELOPMENT ASSISTANCE. 

19 ‘‘(a) TRANSITION AND DEVELOPMENT ASSIST20 ANCE.—The President is authorized to furnish assistance 

21 to support the transition to democracy and to long-term 

22 development in accordance with the general authority con23 tained in section 491, including assistance to—

24 ‘‘(1) develop, strengthen, or preserve democratic 

25 institutions and processes; 
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1 ‘‘(2) revitalize basic infrastructure; and 

2 ‘‘(3) foster the peaceful resolution of conflict. 

3 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to the President 

5 $62,800,000 for fiscal year 2005 to carry out this section. 

6 ‘‘(c) AVAILABILITY.—Amounts appropriated under 

7 this section for the purpose specified in subsection (b)—

8 ‘‘(1) are authorized to remain available until ex9 pended; and 

10 ‘‘(2) are in addition to amounts otherwise avail11 able to carry out this section.’’. 

12 SEC. 2109. ASSISTANCE FOR THE INDEPENDENT STATES OF 

13 THE FORMER SOVIET UNION. 

14 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to the President for ‘‘Assist16 ance for the Independent States of the Former Soviet 

17 Union’’, $575,000,000 for fiscal year 2005 to carry out 

18 chapters 11 and 12 of part I of the Foreign Assistance 

19 Act of 1961 (22 U.S.C. 2295 et seq. and 2296 et seq.) 

20 and the FREEDOM Support Act (22 U.S.C. 5801 et seq.). 

21 (b) AVAILABILITY.—Amounts appropriated under 

22 this section for the purposes specified in subsection (a)—

23 (1) are authorized to remain available until ex24 pended; and 
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1 (2) are in addition to amounts otherwise avail2 able for such purposes. 

3 SEC. 2110. ASSISTANCE FOR EASTERN EUROPE AND THE 

4 BALTIC STATES. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated to the President for ‘‘Assist7 ance for Eastern Europe and the Baltic States’’ 

8 $415,000,000 for fiscal year 2005 to carry out the Sup9 port for East European Democracy (SEED) Act of 1989 

10 (22 U.S.C. 5401 et seq.), and the Foreign Assistance Act 

11 of 1961 (22 U.S.C. 2151 et seq.). 

12 (b) AVAILABILITY.—Amounts appropriated under 

13 this section for the purposes specified in subsection (a)—

14 (1) are authorized to remain available until ex15 pended; 

16 (2) are in addition to amounts otherwise avail17 able for such purposes; 

18 (3) may be made available notwithstanding any 

19 other provision of law; and 

20 (4) shall be considered to be economic assist21 ance under the Foreign Assistance Act of 1961 (22 

22 U.S.C. 2151 et seq.) for purposes of making applica23 ble the administrative authorities contained in that 

24 Act for the use of economic assistance. 
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1 SEC. 2111. OPERATING EXPENSES OF THE UNITED STATES 

2 AGENCY FOR INTERNATIONAL DEVELOP3 MENT. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 667 of the Foreign Assistance Act of 1961 (22 U.S.C. 

6 2427) is amended—

7 (1) in subsection (a)— 

8 (A) by striking paragraph (1) and insert9 ing the following: 

10 ‘‘(1) $623,400,000 for the fiscal year 2005 for 

11 necessary operating expenses of the United States 

12 Agency for International Development; and’’

13 (B) in paragraph (2) of such subsection, 

14 by striking ‘‘agency’’ and inserting ‘‘Agency’’; 

15 (2) by redesignating subsection (b) as sub16 section (c); and 

17 (3) by inserting after subsection (a) the fol18 lowing new subsection (b): 

19 ‘‘(b) There are authorized to be appropriated to the 

20 President, in addition to funds available under subsection 

21 (a) or any other provision of law for such purposes—

22 ‘‘(1) $36,400,000 for fiscal year 2005 for nec23 essary operating expenses of the Office of Inspector 

24 General of the United States Agency for Inter25 national Development; and 
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1 ‘‘(2) such amounts as may be necessary for in2 creases in pay, retirement, and other employee bene3 fits authorized by law for the employees of such Of4 fice, and for other nondiscretionary costs of such Of5 fice.’’. 

6 (b) CONFORMING AMENDMENT.—The heading of sec7 tion 667 of the Foreign Assistance Act of 1961 (22 U.S.C. 

8 2427) is amended by striking ‘‘EXPENSES.—’’ and insert9 ing ‘‘EXPENSES OF THE UNITED STATES AGENCY FOR

10 INTERNATIONAL DEVELOPMENT.—’’. 

11 SEC. 2112. CAPITAL INVESTMENT FUNDS FOR THE UNITED 

12 STATES AGENCY FOR INTERNATIONAL DE13 VELOPMENT. 

14 There is authorized to be appropriated to the Admin15 istrator of the United States Agency for International De16 velopment $64,800,000 for the fiscal year 2005 for over17 seas construction and related costs and for enhancement 

18 of information technology and related investments. 

19 SEC. 2113. MILLENNIUM CHALLENGE ASSISTANCE. 

20 Section 619(a) of the Millennium Challenge Act of 

21 2003 (title VI of division D of Public Law 108–199) is 

22 amended to read as follows: 

23 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to carry out this title—
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1 ‘‘(1) such sums as may be necessary for fiscal 

2 year 2004; and 

3 ‘‘(2) $2,000,000,000 for fiscal year 2005.’’.

4 SEC. 2114. CONTRIBUTIONS TO HEAVILY INDEBTED POOR 

5 COUNTRIES (HIPC) TRUST FUND. 

6 Paragraph (1) of section 801(b) of the Foreign Oper7 ations, Export Financing, and Related Programs Appro8 priations Act, 2001, as enacted into law by Public Law 

9 106–429 (114 Stat. 1900A–64), is amended to read as fol10 lows: 

11 ‘‘(1) AUTHORIZATION OF APPROPRIATIONS FOR

12 CONTRIBUTIONS.—There is authorized to be appro13 priated for purposes of United States contributions to 

14 the Heavily Indebted Poor Countries (HIPC) Trust 

15 Fund administered by the Bank amounts as follows: 

16 ‘‘(A) For the period beginning October 1, 

17 2000, and ending September 30, 2003, 

18 $435,000,000. 

19 ‘‘(B) For the period beginning October 1, 

20 2004, and ending September 30, 2006, 

21 $75,000,000.’’. 
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1 SEC. 2115. BILATERAL DEBT RELIEF FOR DEMOCRATIC RE2 PUBLIC OF CONGO UNDER HEAVILY IN3 DEBTED POOR COUNTRY INITIATIVE. 

4 (a) CANCELLATION OF DEBT.—Subject to the avail5 ability of amounts provided in advance in appropriations 

6 Acts, the President shall cancel all amounts owed to the 

7 United States (or any agency of the United States) by the 

8 Democratic Republic of Congo as a result of loans made 

9 or credits extended before June 20, 1999, under the provi10 sions of law referred to in section 501(b) of Appendix E 

11 of Public Law 106–113 (113 Stat. 1501A–311). 

12 (b) CONSTRUCTION WITH OTHER DEBT RELIEF AU13 THORITY.—The authority provided in this section is in ad14 dition to any other debt relief authority and does not in 

15 any way limit such authority. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—(1) There 

17 is authorized to be appropriated to the President for the 

18 period beginning October 1, 2004, and ending September 

19 30, 2006, $105,000,000 for the cost (as defined in section 

20 502(5) of the Federal Credit Reform Act of 1990) of the 

21 cancellation of any debt under subsection (a). 

22 (2) Amounts authorized to be appropriated by para23 graph (1) shall remain available until expended. 

24 SEC. 2116. TROPICAL FOREST CONSERVATION. 

25 There is authorized to be appropriated $20,000,000 for 

26 fiscal year 2005 to carry out the Tropical Forest Conserva-
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1 tion Act of 1998 (part V of the Foreign Assistance Act of 

2 1961 (22 U.S.C. 2431 et seq.)).

3 Subtitle B—Counternarcotics, Se4 curity Assistance, and Related 

5 Programs Authorizations 

6 SEC. 2121. INTERNATIONAL NARCOTICS CONTROL AND LAW 

7 ENFORCEMENT. 

8 (a) AUTHORIZATION OF APPROPRIATIONS FOR FIS9 CAL YEAR 2005.—Paragraph (1) of section 482(a) of the 

10 Foreign Assistance Act of 1961 (22 U.S.C. 2291a(a)) is 

11 amended by striking ‘‘$147,783,000’’ and all that follows 

12 and inserting ‘‘$1,089,820,000 for fiscal year 2005, of 

13 which $731,000,000 is authorized to be appropriated for 

14 the Andean Counterdrug Initiative.’’. 

15 (b) AVAILABILITY OF FUNDS FOR COLOMBIA.—That 

16 section is further amended by adding at the end the fol17 lowing new paragraphs: 

18 ‘‘(3) Notwithstanding any other provision of law, 

19 amounts authorized to be appropriated to carry out the 

20 purposes of section 481 for fiscal year 2005, and amounts 

21 appropriated for fiscal years before fiscal year 2005 for 

22 purposes of such section that remain available for obliga23 tion, as well as assistance provided with amounts appro24 priated for fiscal years before fiscal year 2005, may be used 

25 to furnish assistance to the Government of Colombia—
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1 ‘‘(A) to support a unified campaign against 

2 narcotics trafficking and terrorist activities; and 

3 ‘‘(B) to take actions to protect human health 

4 and welfare in emergency circumstances, including 

5 undertaking rescue operations. 

6 ‘‘(4) Assistance furnished to the Government of Co7 lombia under this section—

8 ‘‘(A) shall be subject to the limitations on the 

9 assignment of United States personnel in Colombia 

10 under subsections (b) through (d) of section 3204 of 

11 the Emergency Supplemental Act, 2000 (division B 

12 of Public Law 106–246; 114 Stat. 576); 

13 ‘‘(B) shall be subject to the condition that no 

14 United States Armed Forces personnel and no em15 ployees of United States contractors participate in 

16 any combat operation in connection with such assist17 ance; and 

18 ‘‘(C) shall be subject to the condition that the 

19 Government of Colombia is fulfilling its commitment 

20 to the United States with respect to its human 

21 rights practices, including the specific conditions set 

22 forth in subparagraphs (A) through (E) of section 

23 564(a)(2) 563(a)(2) of the Foreign Operations, Ex24 port Financing, and Related Programs Appropria-
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1 tions Act, 2003 2004 (division E D of Public Law 

2 108–7; 117 Stat. 205 108–199).’’. 

3 SEC. 2122. ECONOMIC SUPPORT FUND. 

4 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

5 532(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

6 2346a(a)) is amended to read as follows: 

7 ‘‘(a) There is authorized to be appropriated to the 

8 President to carry out the purposes of this chapter 

9 $2,520,000,000 for fiscal year 2005.’’. 

10 (b) AUTHORIZATION OF ASSISTANCE FOR ISRAEL.—

11 Section 513(b)(1) of the Security Assistance Act of 2000 

12 (Public Law 106–280; 114 Stat. 856), as amended by sec13 tion 1221(a) of the Security Assistance Act of 2002 (divi14 sion B of Public Law 107–228; 116 Stat. 1430), is further 

15 amended—

16 (1) by striking ‘‘each of the fiscal years 2002 

17 and 2003’’ and inserting ‘‘fiscal year 2005’’; and 

18 (2) by striking ‘‘each such’’ and inserting 

19 ‘‘such’’. 

20 (c) AUTHORIZATION OF ASSISTANCE FOR EGYPT.—

21 Section 514(b)(1) of the Security Assistance Act of 2000 

22 (114 Stat. 857), as amended by section 1221(b) of the 

23 Security Assistance Act of 2002 (116 Stat. 1430), is fur24 ther amended—
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1 (1) by striking ‘‘each of the fiscal years 2002 

2 and 2003’’ and inserting ‘‘fiscal year 2005’’; and 

3 (2) by striking ‘‘each such’’ and inserting 

4 ‘‘such’’. 

5 SEC. 2123. INTERNATIONAL MILITARY EDUCATION AND 

6 TRAINING. 

7 Section 542 of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2347a) is amended by striking ‘‘There are au9 thorized’’ and all that follows through ‘‘fiscal year 1987’’ 

10 and inserting ‘‘There is authorized to be appropriated to 

11 the President to carry out the purposes of this chapter 

12 $89,730,000 for the fiscal year 2005’’. 

13 SEC. 2124. PEACEKEEPING OPERATIONS. 

14 Section 552(a) of the Foreign Assistance Act of 1961 

15 (22 U.S.C. 2348a(a)) is amended by striking ‘‘There are 

16 authorized’’ and all that follows through ‘‘fiscal year 

17 1987’’ and inserting ‘‘There is authorized to be appro18 priated to the President to carry out the purposes of this 

19 chapter, in addition to amounts otherwise available for 

20 such purposes, $104,000,000 for the fiscal year 2005’’. 

21 SEC. 2125. NONPROLIFERATION, ANTI-TERRORISM, 

22 DEMINING, AND RELATED ASSISTANCE. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the President for fiscal 

25 year 2005, $485,200,000 for Nonproliferation, Anti-Ter-
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1 rorism, Demining, and Related Programs for the purpose 

2 of carrying out nonproliferation, anti-terrorism, demining, 

3 and related programs and activities under—

4 (1) chapter 8 of part II of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2349aa et seq.); 

6 (2) chapter 9 of part II of the Foreign Assist7 ance Act of 1961 (22 U.S.C. 2349bb et seq.); 

8 (3) paragraph (2) of section 551 of the Foreign 

9 Assistance Act of 1961 (22 U.S.C. 2348), as amend10 ed added by section 2212 of this Act, to the extent 

11 such assistance is used for activities identified in the 

12 last sentence of that section, including not to exceed 

13 $675,000 for administrative expenses related to such 

14 the activities described in such paragraph, which 

15 amount shall be in addition to funds otherwise made 

16 available for such purposes; 

17 (4) section 504 of the FREEDOM Support Act 

18 (22 U.S.C. 5854) and programs under the Non19 proliferation and Disarmament Fund to promote bi20 lateral and multilateral activities relating to non21 proliferation and disarmament, notwithstanding any 

22 other provision of law, including, when in the na23 tional security interests of the United States, with 

24 respect to international organizations and countries 
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1 other than the independent states of the former So2 viet Union; 

3 (5) section 23 of the Arms Export Control Act 

4 (22 U.S.C. 2763), for demining activities, the clear5 ance of unexploded ordnance, the destruction of 

6 small arms, and related activities, notwithstanding 

7 any other provision of law; 

8 (6) section 301 of the Foreign Assistance Act 

9 of 1961 (22 U.S.C. 2221); 

10 (7) the Radiological Terrorism Security Act of 

11 2004 under title XXIII of this Act; and 

12 (8) the Global Pathogen Surveillance Act of 

13 2004 under title XXIV of this Act. 

14 (b) AVAILABILITY.—Amounts appropriated under 

15 this section for the purpose specified in subsection (a)—

16 (1) are authorized to remain available until ex17 pended; and 

18 (2) are in addition to amounts otherwise avail19 able for that purpose. 

20 SEC. 2126. FOREIGN MILITARY FINANCING PROGRAM. 

21 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to the President for grant 

23 assistance under section 23 of the Arms Export Control 

24 Act (22 U.S.C. 2763), $4,957,500,000 for fiscal year 

25 2005. 
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1 (b) ASSISTANCE FOR ISRAEL.—Section 513(c) of the 

2 Security Assistance Act of 2000 (Public Law 106–280; 

3 114 Stat. 856), as amended by section 1221(a) of the Se4 curity Assistance Act of 2002 (division B of Public Law 

5 107–228; 116 Stat. 1430), is further amended—

6 (1) in paragraph (1)—

7 (A) by striking ‘‘each of the fiscal years 

8 2002 and 2003’’ and inserting ‘‘fiscal year 

9 2005’’; and 

10 (B) by striking ‘‘each such’’ and inserting 

11 ‘‘such’’; 

12 (2) in paragraph (3), by striking ‘‘Funds au13 thorized’’ and all that follows through ‘‘later.’’ and 

14 inserting ‘‘Funds authorized to be available for 

15 Israel under subsection (b)(1) and paragraph (1) for 

16 fiscal year 2005 shall be disbursed not later than 30 

17 days after the date of the enactment of an Act mak18 ing appropriations for foreign operations, export fi19 nancing, and related programs for fiscal year 2005, 

20 or October 31, 2004, whichever is later’’; and 

21 (3) in paragraph (4)—

22 (A) by striking ‘‘fiscal years 2002 and 

23 2003’’ and inserting ‘‘fiscal year 2005’’; and 

24 (B) by striking ‘‘$535,000,000 for fiscal 

25 year 2002 and not less than $550,000,000 for 
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1 fiscal year 2003’’ and inserting 

2 ‘‘$580,000,000’’. 

3 (c) ASSISTANCE FOR EGYPT.—Section 514 of the Se4 curity Assistance Act of 2000 (114 Stat. 857), as amend5 ed by section 1221(b) of the Security Assistance Act of 

6 2002 (116 Stat. 1430), is further amended—

7 (1) in subsection (c) by striking ‘‘each of the 

8 fiscal years 2002 and 2003’’ and inserting ‘‘for fis9 cal year 2005’’; and 

10 (2) in subsection (e), by striking ‘‘Funds esti11 mated’’ and all that follows through ‘‘of the respec12 tive fiscal year, whichever is later’’ and inserting the 

13 following: ‘‘Funds estimated to be outlayed for 

14 Egypt under subsection (c) during fiscal year 2005 

15 shall be disbursed to an interest-bearing account for 

16 Egypt in the Federal Reserve Bank of New York not 

17 later than 30 days after the date of the enactment 

18 of an Act making appropriations for foreign oper19 ations, export financing, and related programs for 

20 fiscal year 2005, or by October 31, 2004, whichever 

21 is later’’. 
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1 Subtitle C—Independent Agencies 

2 Authorizations 

3 SEC. 2131. INTER-AMERICAN FOUNDATION. 

4 Section 401(s)(2) 401(s) of the Foreign Assistance 

5 Act of 1969 (22 U.S.C. 290f(s)(2)) is amended by striking 

6 ‘‘There are authorized to be appropriated $28,000,000 for 

7 fiscal year 1992 and $31,000,000 for fiscal year 1993’’ 

8 and inserting ‘‘There is amended to read as follows:

9 ‘‘(s) There is authorized to be appropriated 

10 $15,185,000 for fiscal year 2005 to carry out this section. 

11 Amounts appropriated pursuant to the authorization in 

12 this subsection are authorized to remain available until ex13 pended.’’.

14 SEC. 2132. AFRICAN DEVELOPMENT FOUNDATION. 

15 The first sentence of section 510 of the International 

16 Security and Development Cooperation Act of 1980 (22 

17 U.S.C. 290h–8) is amended by striking ‘‘$3,872,000 for 

18 fiscal year 1986 and $3,872,000 for fiscal year 1987’’ and 

19 inserting ‘‘$17,000,000 for fiscal year 2005’’. 
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1 TITLE XXII—AMENDMENTS TO 

2 GENERAL FOREIGN ASSIST3 ANCE AUTHORITIES 

4 Subtitle A—Foreign Assistance Act 

5 Amendments and Related Provi6 sions 

7 SEC. 2201. DEVELOPMENT POLICY. 

8 Section 102(b) of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2151–1(b)) is amended—

10 (1) in paragraph (5), by—

11 (A) striking ‘‘development; and’’ and in12 serting ‘‘development;’’; and 

13 (B) inserting before the period at the end 

14 the following: ‘‘; democracy and the rule of law; 

15 and economic growth and the building of trade 

16 capacity’’; and 

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

18 paragraph: 

19 ‘‘(18) The United States development assist20 ance program should take maximum advantage of 

21 the increased participation of United States private 

22 foundations, business enterprises, and private citi23 zens in funding international development activities. 

24 The program should utilize the development experi25 ence and expertise of its personnel, its access to 
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1 host-country officials, and its overseas presence to 

2 facilitate public-private alliances and to leverage pri3 vate sector resources toward the achievement of de4 velopment assistance objectives.’’. 

5 SEC. 2202. ASSISTANCE FOR NONGOVERNMENTAL ORGANI6 ZATIONS. 

7 Section 123(e) of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2151u(e)) is amended to read as follows: 

9 ‘‘(e)(1) Restrictions contained in this or any other 

10 Act with respect to assistance for a country shall not be 

11 construed to restrict assistance in support of programs of 

12 nongovernmental organizations from—

13 ‘‘(A) funds made available to carry out this 

14 chapter and chapters 10, 11, and 12 of part I (22 

15 U.S.C. 2293 et seq.) and chapter 4 of part II (22 

16 U.S.C. 2346 et seq.); or 

17 ‘‘(B) funds made available for economic assist18 ance activities under the Support for East European 

19 Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et 

20 seq.). 

21 ‘‘(2) The President shall submit to Congress, in ac22 cordance with section 634A (22 U.S.C. 2394–1), advance 

23 notice of an intent to obligate funds under the authority 

24 of this subsection to furnish assistance in support of pro25 grams of nongovernmental organizations. 
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1 ‘‘(3) Assistance may not be furnished through non2 governmental organizations to the central government of 

3 a country under the authority of this subsection, but as4 sistance may be furnished to local, district, or subnational 

5 government entities under such authority.’’. 

6 SEC. 2203. AUTHORITY FOR USE OF FUNDS FOR UNANTICI7 PATED CONTINGENCIES. 

8 Section 451(a)(1) of the Foreign Assistance Act of 

9 1961 (22 U.S.C. 2261(a)(1)) is amended—

10 (1) by inserting ‘‘or the Arms Export Control 

11 Act (22 U.S.C. 2751 et seq.)’’ after ‘‘chapter 1 of 

12 this part)’’; and 

13 (2) by striking ‘‘$25,000,000’’ and inserting 

14 ‘‘$50,000,000’’. 

15 SEC. 2204. AUTHORITY TO ACCEPT LETHAL EXCESS PROP16 ERTY. 

17 Section 482(g) of the Foreign Assistance Act of 1961 

18 (22 U.S.C. 2191a(g) 2291a(g)) is amended—

19 (1) by striking ‘‘(g) EXCESS PROPERTY.—For’’ 

20 and inserting the following: 

21 ‘‘(g) EXCESS PROPERTY.—

22 ‘‘(1) AUTHORITY.—For’’; 

23 (2) by striking ‘‘nonlethal’’; and 

24 (3) by inserting ‘‘(including lethal or nonlethal 

25 property)’’ after ‘‘excess property’’; and 
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1 (3)(4) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) NOTIFICATION.—Before obligating any 

4 funds to obtain lethal excess property under para5 graph (1), the Secretary shall submit a notification 

6 of such action to Congress in accordance with the 

7 procedures set forth in section 634A.’’.

8 SEC. 2205. RECONSTRUCTION ASSISTANCE UNDER INTER9 NATIONAL DISASTER ASSISTANCE AUTHOR10 ITY. 

11 Section 491 of the Foreign Assistance Act of 1961 

12 (22 U.S.C. 2292) is amended—

13 (1) in subsection (a), by striking ‘‘disasters.’’ 

14 and inserting ‘‘disasters and for programs of recon15 struction following such disasters.’’; 

16 (2) in subsection (b), by inserting ‘‘programs of 

17 reconstruction following disasters,’’ after ‘‘prepared18 ness,’’; and 

19 (3) in subsection (c), by striking ‘‘relief and re20 habilitation’’ and inserting ‘‘relief, rehabilitation, 

21 and reconstruction assistance’’.
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1 SEC. 2205. RECONSTRUCTION AND FAMINE ASSISTANCE 

2 UNDER INTERNATIONAL DISASTER ASSIST3 ANCE AUTHORITY. 

4 (a) IN GENERAL.—Section 491 of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2292) is amended—

6 (1) in subsection (a)—

7 (A) by striking ‘‘manmade disasters’’ and 

8 inserting ‘‘manmade disasters, including fam9 ine,’’; and 

10 (B) by striking ‘‘disasters.’’ and inserting 

11 ‘‘disasters and for programs of reconstruction fol12 lowing such disasters.’’; 

13 (2) in subsection (b), by inserting ‘‘programs of 

14 reconstruction following disasters,’’ after ‘‘prepared15 ness,’’; and 

16 (3) in subsection (c)—

17 (A) by striking ‘‘relief and rehabilitation’’ 

18 and inserting ‘‘relief, rehabilitation, and recon19 struction assistance’’; and 

20 (B) by striking ‘‘disasters.’’ and inserting 

21 ‘‘disasters, including famine.’’. 

22 (b) CONFORMING AMENDMENT.—The heading of chap23 ter 9 of part I of such Act is amended by inserting ‘‘AND

24 FAMINE’’ after ‘‘DISASTER’’.
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1 SEC. 2206. FUNDING AUTHORITIES FOR ASSISTANCE FOR 

2 THE INDEPENDENT STATES OF THE FORMER 

3 SOVIET UNION. 

4 Chapter 11 of part I of the Foreign Assistance Act 

5 of 1961 (22 U.S.C. 2295 et seq.) is amended—

6 (1) in section 498B(j)(1) (22 U.S.C. 

7 2295b(j)(1))—

8 (A) by striking ‘‘authorized to be appro9 priated for fiscal year 1993 by’’ and inserting 

10 ‘‘made available to carry out’’; and 

11 (B) by striking ‘‘appropriated for fiscal 

12 year 1993’’; and 

13 (2) in paragraphs (1) and (2) of section 

14 498C(b)(1) (22 U.S.C. 2295c(b)(1) and (2)), by 

15 striking ‘‘under subsection (a)’’ and inserting ‘‘to 

16 carry out this chapter’’. 

17 SEC. 2207. WAIVER OF NET PROCEEDS RESULTING FROM 

18 DISPOSAL OF UNITED STATES DEFENSE AR19 TICLES PROVIDED TO A FOREIGN COUNTRY 

20 ON A GRANT BASIS. 

21 Section 505(f) of the Foreign Assistance Act of 1961 

22 (22 U.S.C. 2314(f)) is amended by striking ‘‘In the case 

23 of items which were delivered prior to 1985, the’’ in the 

24 second sentence and inserting ‘‘The’’. 
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1 SEC. 2208. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS 

2 DEFENSE ARTICLES IN THE WAR RESERVE 

3 STOCKPILES FOR ALLIES TO ISRAEL. 

4 (a) TRANSFERS FOR CONCESSIONS.—

5 (1) AUTHORITY.—Notwithstanding section 514 

6 of the Foreign Assistance Act of 1961 (22 U.S.C. 

7 2231(h) 2321h), the President may transfer to 

8 Israel, in exchange for concessions to be negotiated 

9 by the Secretary of Defense, with the concurrence of 

10 the Secretary, any or all of the items described in 

11 paragraph (2). 

12 (2) COVERED ITEMS.—The items referred to in 

13 paragraph (1) are armor, artillery, automatic weap14 ons ammunition, missiles, and other munitions 

15 that—

16 (A) are obsolete or surplus items; 

17 (B) are in the inventory of the Department 

18 of Defense; 

19 (C) are intended for use as reserve stocks 

20 for Israel; and 

21 (D) as of the date of enactment of this 

22 Act, are located in a stockpile in Israel. 

23 (b) VALUE OF CONCESSIONS.—The value of conces24 sions negotiated pursuant to subsection (a) shall be at 

25 least equal to the fair market value of the items trans26 ferred. The concessions may include cash compensation, 
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1 services, waiver of charges otherwise payable by the 

2 United States, and other items of value. 

3 (c) ADVANCE NOTIFICATION OF TRANSFERS.—Not 

4 later than 30 days before making a transfer under the 

5 authority of this section, the President shall transmit a 

6 notification of the proposed transfer to the Committees on 

7 Foreign Relations and Armed Services of the Senate and 

8 the Committees on International Relations and Armed 

9 Services of the House of Representatives. The notification 

10 shall identify the items to be transferred and the conces11 sions to be received. 

12 (d) EXPIRATION OF AUTHORITY.—No transfer may 

13 be made under the authority of this section more than 5 

14 years after the date of the enactment of this Act. 

15 SEC. 2209. ADDITIONS TO WAR RESERVE STOCKPILES FOR 

16 ALLIES FOR FISCAL YEARS 2004 AND 2005. 

17 Section 514(b)(2) of the Foreign Assistance Act of 

18 1961 (22 U.S.C. 2321h(b)(2)) is amended—

19 (1) in subparagraph (A), by striking ‘‘for fiscal 

20 year 2003’’ and inserting ‘‘for each of fiscal years 

21 2004 and 2005’’; and 

22 (2) in subparagraph (B), by striking ‘‘for fiscal 

23 year 2003’’ and inserting ‘‘for a fiscal year’’. 
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1 SEC. 2210. RESTRICTIONS ON ECONOMIC SUPPORT FUNDS 

2 FOR LEBANON. 

3 Section 1224 of the Foreign Relations Authorization 

4 Act, Fiscal Year 2003 (22 U.S.C. 2346 note) is amended 

5 by adding at the end the following subsection: 

6 ‘‘(c) EXCEPTION.—Subsection (a) does not apply to 

7 assistance made available to address the needs of southern 

8 Lebanon.’’. 

9 SEC. 2211. ADMINISTRATION OF JUSTICE. 

10 Section 534 of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2346c) is amended—

12 (1) in subsection (a), by striking ‘‘in countries 

13 in Latin America and the Caribbean’’; 

14 (2) in subsection (b)(3)—

15 (A) in subparagraph (C), by striking ‘‘pro16 cedures; and’’ and inserting ‘‘procedures;’’; 

17 (B) in subparagraph (D), by inserting 

18 ‘‘and’’ after the semicolon; and 

19 (C) by adding at the end the following new 

20 subparagraph: 

21 ‘‘(E) programs to enhance the protection 

22 of participants in judicial cases;’’; 

23 (3) by striking subsection (c); 

24 (4) in subsection (e), by striking the second and 

25 third sentences; and 
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1 (5) by redesignating subsections (d) and (e) as 

2 subsections (c) and (d), respectively. 

3 SEC. 2212. DEMINING PROGRAMS. 

4 (a) CLARIFICATION OF AUTHORITY.—Section 551 of 

5 the Foreign Assistance Act of 1961 (22 U.S.C. 2348) is 

6 amended— 

7 (1) in the second sentence, by striking ‘‘Such 

8 assistance may include reimbursements’’ and insert9 ing ‘‘Such assistance may include the following: 

10 ‘‘(1) Reimbursements’’; and 

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

12 ‘‘(2) Demining activities, clearance of 

13 unexploded ordnance, destruction of small arms, and 

14 related activities, notwithstanding any other provi15 sion of law.’’. 

16 (b) DISPOSAL OF DEMINING EQUIPMENT.—Notwith17 standing any other provision of law, demining equipment 

18 available to the United States Agency for International 

19 Development and the Department and used in support of 

20 the clearance of landmines and unexploded ordnance for 

21 humanitarian purposes, may be disposed of on a grant 

22 basis in foreign countries, subject to such terms and condi23 tions as the President determines appropriate. 
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1 (c) LANDMINE AWARENESS PROGRAM FOR THE

2 CHILDREN OF AFGHANISTAN AND OTHER CHILDREN AT

3 RISK IN AREAS OF CONFLICT.—

4 (1) FINDINGS.—Congress makes the following 

5 findings: 

6 (A) Most landmines in Afghanistan were 

7 laid between 1980 and 1992. 

8 (B) Additional landmines were laid be9 tween 1992 and 1996, during the conflict be10 tween the Taliban and the Northern Alliance. 

11 (C) United States bombings against the 

12 Taliban in 2001 and 2002 further increased the 

13 unexploded ordinance and cluster bombs 

14 throughout Afghanistan. 

15 (D) The clearance of landmines is a slow 

16 and expensive process. 

17 (E) Certain types of landmines and other 

18 unexploded ordinance are small, brightly col19 ored, and attractive to children. 

20 (F) More than 150 Afghans, many of them 

21 children, are injured every month by these 

22 weapons. 

23 (G) In 2003, reconstituted Taliban forces 

24 sought out and attacked workers clearing land25 mines, in an attempt to discredit the Govern-
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1 ment of President Karzai and the United States 

2 military presence. 

3 (H) In May 2003, after a string of Taliban 

4 attacks in which mine removal workers were 

5 killed or seriously injured, the United Nations 

6 suspended all mine-clearing operations in much 

7 of southern Afghanistan. 

8 (I) Effective landmine awareness programs 

9 targeted to children could save lives in Afghani10 stan and in other areas of conflict where 

11 unexploded ordinance are a danger to the safety 

12 of children. 

13 (2) AUTHORIZATION ASSISTANCE AUTHORITY.—

14 The President is authorized to furnish assistance to 

15 fund innovative programs designed to educate chil16 dren in Afghanistan and other affected areas about 

17 the dangers of landmines and other unexploded ordi18 nances, especially those proposed by organizations 

19 with extensive background in children’s educational 

20 programs. 

21 (3) AUTHORIZATION OF APPROPRIATIONS.—In 

22 addition to funds otherwise authorized to be appro23 priated for demining and related activities under the 

24 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 

25 seq.), there are authorized to be appropriated for fis-
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1 cal year 2005 such sums as may be necessary to 

2 carry out the purposes of this subsection. 

3 SEC. 2213. SPECIAL WAIVER AUTHORITY. 

4 (a) REVISION OF AUTHORITY.—Section 614 of the 

5 Foreign Assistance Act of 1961 (22 U.S.C. 2364) is 

6 amended in subsection (a) by—

7 (1) striking paragraphs (1) and (2) and insert8 ing the following new paragraph: 

9 ‘‘(1) The President may authorize any assistance, 

10 sale, or other action under this Act, the Arms Export Con11 trol Act (22 U.S.C. 2751 et seq.), or any other law that 

12 authorizes the furnishing of foreign assistance or the ap13 propriation of funds for foreign assistance, without regard 

14 to any of the provisions described in subsection (b) if the 

15 President determines, and notifies the Committees on For16 eign Relations and Appropriations of the Senate and the 

17 Committees on International Relations and Appropria18 tions of the House of Representatives in writing—

19 ‘‘(A) with respect to assistance or other actions 

20 under chapter 2 or 5 of part II of this Act, or sales 

21 or other actions under the Arms Export Control Act 

22 (22 U.S.C. 2751 et seq.), that to do so is vital to 

23 the national security interests of the United States; 

24 and 
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1 ‘‘(B) with respect to other assistance or actions, 

2 that to do so is important to the security interests 

3 of the United States.’’; and 

4 (2) redesignating paragraphs (3), (4), and (5) 

5 as paragraphs (2), (3), and (4), respectively. 

6 (b) INCREASED LIMITATION ON SINGLE COUNTRY

7 ALLOCATION.—Subsection (a)(3)(C) of such section, as 

8 redesignated, is amended by striking ‘‘$50,000,000’’ and 

9 inserting ‘‘$75,000,000’’. 

10 (c) REPEAL OF PROVISIONS RELATING TO GERMANY

11 AND A CERTIFICATION REQUIREMENT.—Section 614 of 

12 such Act is further amended by striking subsections (b) 

13 and (c). 

14 (d) INAPPLICABLE OR WAIVABLE LAWS.—Such sec15 tion, as amended by subsection (c), is further amended 

16 by adding at the end the following:

17 ‘‘(b) INAPPLICABLE OR WAIVABLE LAWS.—The pro18 visions referred to in paragraphs (1) and (2) of subsection 

19 (a) are those set forth in any of the following: 

20 ‘‘(1) Any provision of this Act. 

21 ‘‘(2) Any provision of the Arms Export Control 

22 Act (22 U.S.C. 2751 et seq.). 

23 ‘‘(3) Any provision of law that authorizes the 

24 furnishing of foreign assistance or appropriates 

25 funds for foreign assistance.
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1 ‘‘(4) Any other provision of law that restricts 

2 assistance, sales or leases, or other action under a 

3 provision of law referred to in paragraph (1), (2), or 

4 (3). 

5 ‘‘(5) Any provision of law that relates to re6 ceipts and credits accruing to the United States.’’. 

7 SEC. 2214. PROHIBITION OF ASSISTANCE FOR COUNTRIES 

8 IN DEFAULT. 

9 (a) CLARIFICATION OF PROHIBITED RECIPIENTS.—

10 Section 620(q) of the Foreign Assistance Act of 1961 (22 

11 U.S.C. 2370(q)) is amended—

12 (1) by striking ‘‘any country’’ and inserting 

13 ‘‘the government of any country’’; and 

14 (2) by striking ‘‘such country’’ each place it ap15 pears and inserting ‘‘such government’’. 

16 (b) PERIOD OF PROHIBITION.—Such section 620(q) 

17 is further amended by striking ‘‘six calendar months’’ and 

18 inserting ‘‘one year’’. 

19 SEC. 2215. MILITARY COUPS. 

20 Section 620 of the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2370) is amended by inserting after subsection 

22 (l) the following new subsection (m): 

23 ‘‘(m)(1) No assistance may be furnished under this 

24 Act or the Arms Export Control Act (22 U.S.C. 2751 et 

25 seq.) for the government of a country if the duly elected 
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1 head of government for such country is deposed by decree 

2 or military coup. The prohibition in the preceding sentence 

3 shall cease to apply to a country if the President deter4 mines and certifies to the Committee on Foreign Relations 

5 of the Senate and the Committee on International Rela6 tions of the House of Representatives that after the termi7 nation of assistance a democratically elected government 

8 for such country has taken office. 

9 ‘‘(2) Paragraph (1) does not apply to assistance to 

10 promote democratic elections or public participation in 

11 democratic processes. 

12 ‘‘(3) The President may waive the application of 

13 paragraph (1), and any comparable provision of law, to 

14 a country upon determining that it is important to the 

15 national security interest of the United States to do so.’’.

16 SEC. 2216. DESIGNATION OF POSITION FOR WHICH AP17 POINTEE IS NOMINATED. 

18 Section 624 of the Foreign Assistance Act of 1961 

19 (22 U.S.C. 2384) is amended by inserting after subsection 

20 (c) the following new subsection (d): 

21 ‘‘(d) NOMINATION OF OFFICERS.—Whenever the 

22 President submits to the Senate a nomination of an indi23 vidual for appointment to a position authorized under sub24 section (a), the President shall designate the particular po-
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1 sition in the agency for which the individual is nomi2 nated.’’.

3 SEC. 2217. EXCEPTIONS TO REQUIREMENT FOR CONGRES4 SIONAL NOTIFICATION OF PROGRAM 

5 CHANGES. 

6 Section 634A(b) of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2394–1(b)) is amended—

8 (1) by striking ‘‘or’’ at the end of paragraph 

9 (1); 

10 (2) by striking the period at the end of para11 graph (2) and inserting a semicolon; and 

12 (3) by adding at the end the following new 

13 paragraphs: 

14 ‘‘(3) of funds if the advance notification would 

15 pose a substantial risk to human health or welfare, 

16 but such notification shall be provided to the com17 mittees of Congress named in subsection (a) not 

18 later than 3 days after the action is taken; or 

19 ‘‘(4) of funds made available under section 23 

20 of the Arms Export Control Act (22 U.S.C. 2763) 

21 for the provision of major defense equipment (other 

22 than conventional ammunition), aircraft, ships, mis23 siles, or combat vehicles in quantities not in excess 

24 of 20 percent of the quantities previously justified 

25 under section 25 of such Act (22 U.S.C. 2765).’’.
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1 SEC. 2218. COMMITMENTS FOR EXPENDITURES OF FUNDS. 

2 Section 635(h) of the Foreign Assistance Act of 1961 

3 (22 U.S.C. 2395(h)) is amended by striking ‘‘available’’ 

4 and all that follows through ‘‘may,’’ and inserting ‘‘made 

5 available under this Act may,’’.

6 SEC. 2219. ALTERNATIVE DISPUTE RESOLUTION. 

7 Section 635(i) of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2395(i)) is amended to read as follows: 

9 ‘‘(i) Notwithstanding any other provision of law, 

10 claims arising as a result of operations under this Act may 

11 be settled (including by use of alternative dispute resolu12 tion procedures) or arbitrated with the consent of the par13 ties. Payment made pursuant to any such settlement or 

14 arbitration shall be final and conclusive.’’.

15 SEC. 2220. ADMINISTRATIVE AUTHORITIES. 

16 Section 636 of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2396) is amended—

18 (1) in subsection (a)—

19 (A) in paragraph (3), by—

20 (i) striking ‘‘abroad’’; and 

21 (ii) striking ‘‘Civil Service Commis22 sion’’ and inserting ‘‘Office of Personnel 

23 Management’’; 

24 (B) by striking paragraph (5) and insert25 ing the following: 
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1 ‘‘(5) purchase and hire of passenger motor vehi2 cles;’’; and 

3 (C) in paragraph (10), by striking ‘‘for not 

4 to exceed ten years’’; 

5 (2) in subsection (c), by striking ‘‘not to exceed 

6 $6,000,000 of the’’; and 

7 (3) in subsection (d), by striking ‘‘Not to ex8 ceed $2,500,000 of funds’’ and inserting ‘‘Funds’’.

9 SEC. 2221. ASSISTANCE FOR LAW ENFORCEMENT FORCES. 

10 Section 660 of the Foreign Assistance Act of 1961 

11 (22 U.S.C. 2420) is amended—

12 (1) in subsection (b)—

13 (A) in paragraph (4), by striking ‘‘or’’;

14 (B) in paragraph (6), by striking ‘‘and the 

15 provision of professional’’ and all that follows 

16 through ‘‘democracy’’ and inserting ‘‘including 

17 any regional, district, municipal, or other sub18 national entity emerging from instability’’; 

19 (B)(C) by striking the period at the end of 

20 paragraph (7) and inserting a semicolon; and 

21 (C)(D) by adding at the end the following 

22 new paragraphs: 

23 ‘‘(8) with respect to assistance to combat cor24 ruption in furtherance of the objectives for which 
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1 programs are authorized to be established under sec2 tion 133 of this Act (22 U.S.C. 2152c);

3 ‘‘(9) with respect to the provision of profes4 sional public safety training, including training in 

5 internationally recognized standards of human 

6 rights, the rule of law, and the promotion of civilian 

7 police roles that support democracy; and or

8 ‘‘(10) with respect to assistance to combat traf9 ficking in persons.’’; and 

10 (2) by striking subsection (d) and inserting the 

11 following: 

12 ‘‘(d) Subsection (a) does shall not apply to assistance 

13 for law enforcement forces for which the Secretary Presi14 dent, on a case-by-case basis, determines that it is impor15 tant to the national interest of the United States to fur16 nish such assistance and submits to the committees of the 

17 Congress referred to in subsection (a) of section 634A of 

18 this Act (22 U.S.C. 2394–1) an advance notification of 

19 the obligation of funds for such assistance in accordance 

20 with such section 634A.’’.

21 SEC. 2222. SPECIAL DEBT RELIEF FOR THE POOREST 

22 COUNTRIES. 

23 The Foreign Assistance Act of 1961 is amended by 

24 adding at the end the following: 
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1 ‘‘PART VI—SPECIAL DEBT RELIEF FOR THE 

2 POOREST COUNTRIES

3 ‘‘SEC. 901. SPECIAL DEBT RELIEF FOR THE POOREST COUN4 TRIES. 

5 ‘‘(a) AUTHORITY.—Subject to subsections (b) and 

6 (c), the President may reduce amounts owed to the United 

7 States (or any agency of the United States) by an eligible 

8 country as a result of any of the following transactions: 

9 ‘‘(1) Concessional loans extended under part I 

10 of this Act, or chapter 4 of part II of this Act, or 

11 antecedent foreign economic assistance laws. 

12 ‘‘(2) Guarantees issued under sections 221 and 

13 222 of this Act. 

14 ‘‘(3) Credits extended or guarantees issued 

15 under the Arms Export Control Act (22 U.S.C. 

16 2751 et seq.). 

17 ‘‘(4) Any obligation, or portion of such obliga18 tion, to pay for purchases of United States agricul19 tural commodities guaranteed by the Commodity 

20 Credit Corporation under export credit guarantee 

21 programs authorized pursuant to—

22 ‘‘(A) section 5(f) of the Commodity Credit 

23 Corporation Charter Act (15 U.S.C. 714c(f)); 

24 ‘‘(B) section 201(b) of the Agricultural 

25 Trade Act of 1978 (7 U.S.C. 5621(b)); or 
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1 ‘‘(C) section 202 of the Agricultural Trade 

2 Act of 1978 (7 U.S.C. 5622). 

3 ‘‘(b) GENERAL LIMITATIONS.—

4 ‘‘(1) EXCLUSIVE CONDITIONS.—The authority 

5 provided in subsection (a) may be exercised—

6 ‘‘(A) only to implement multilateral official 

7 debt relief and referendum agreements, com8 monly referred to as ‘Paris Club Agreed Min9 utes’; 

10 ‘‘(B) only in such amounts or to such ex11 tent as is provided in advance in appropriations 

12 Acts; and 

13 ‘‘(C) only with respect to countries with 

14 heavy debt burdens that—

15 ‘‘(i) are eligible to borrow from the 

16 International Development Association, but 

17 not from the International Bank for Re18 construction and Development, commonly 

19 referred to as ‘IDA-only’ countries; and 

20 ‘‘(ii) are not determined ineligible 

21 under subsection (c). 

22 ‘‘(2) ADVANCE NOTIFICATION OF CONGRESS.—

23 The authority provided by subsection (a) shall be 

24 subject to the requirements of section 634A of this 

25 Act (22 U.S.C. 2394–1). 
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1 ‘‘(c) ELIGIBILITY LIMITATIONS.—The authority pro2 vided by subsection (a) may be exercised only with respect 

3 to a country the government of which, as determined by 

4 the President—

5 ‘‘(1) does not make an excessive level of mili6 tary expenditures; 

7 ‘‘(2) has not repeatedly provided support for 

8 acts of international terrorism; 

9 ‘‘(3) is not failing to cooperate on international 

10 narcotics control matters; 

11 ‘‘(4) does not engage, through its military or 

12 security forces or by other means, in a consistent 

13 pattern of gross violations of internationally recog14 nized human rights; and 

15 ‘‘(5) is not ineligible for assistance under sec16 tion 527 of the Foreign Relations Authorization Act, 

17 Fiscal Years 1994 and 1995 (22 U.S.C. 2370a). 

18 ‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re19 duction of debt pursuant to subsection (a) may not be con20 sidered assistance for purposes of any provision of law lim21 iting assistance to a country. The authority provided in 

22 subsection (a) may be exercised notwithstanding section 

23 620(r) of this Act (22 U.S.C. 2370(r)) or section 321 of 

24 the International Development and Food Assistance Act 

25 of 1975 (22 U.S.C. 2220a note).’’.
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1 SEC. 2223. CONGO BASIN FOREST PARTNERSHIP. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) Deforestation and environmental degrada5 tion in the Congo Basin in central Africa pose a 

6 major threat to the wellbeing and livelihood of the 

7 African people and to the world at large. 

8 (2) It is in the national interest of the United 

9 States to assist the countries of the Congo Basin to 

10 reduce the rate of forest degradation and loss of bio11 diversity. 

12 (3) The Congo Basin Forest Partnership, an 

13 initiative involving the Central Africa Regional Pro14 gram for the Environment of the United States 

15 Agency for International Development, and also the 

16 Department, the United States Fish and Wildlife 

17 Service, the National Park Service, the National 

18 Forest Service, and National Aeronautics and Space 

19 Administration, was established to address in a vari20 ety of ways the environmental conditions in the 

21 Congo Basin. 

22 (4) In partnership with nongovernmental envi23 ronmental groups, the Congo Basin Forest Partner24 ship will foster improved conservation and manage25 ment of natural resources through programs at the 
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1 local, national, and regional levels to help reverse the 

2 environmental degradation of the Congo Basin. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that—

5 (1) the Congo Basin Forest Partnership pro6 gram represents a significant effort at addressing 

7 the complex environmental and development chal8 lenges in the Congo Basin; and 

9 (2) the President should make available for fis10 cal year 2005 at least the total level of assistance 

11 that the President requested for such fiscal year for 

12 all agencies participating in the Congo Basin Forest 

13 Partnership program for fiscal year 2005. 

14 SEC. 2224. LANDMINE CLEARANCE PROGRAMS. 

15 The Secretary is authorized to support cooperative 

16 arrangements commonly known as public-private partner17 ships for landmine clearance programs by grant or cooper18 ative agreement.

19 SEC. 2225. MIDDLE EAST FOUNDATION. 

20 (a) PURPOSES.—The purposes of this section are to 

21 support, through the provision of grants, technical assist22 ance, training, and other programs, in the countries of the 

23 Middle East, the expansion of—

24 (1) civil society; 
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1 (2) opportunities for political participation for 

2 all citizens; 

3 (3) protections for internationally recognized 

4 human rights, including the rights of women; 

5 (4) educational system reforms; 

6 (5) independent media; 

7 (6) policies that promote economic opportunities 

8 for citizens; 

9 (7) the rule of law; and 

10 (8) democratic processes of government. 

11 (b) MIDDLE EAST FOUNDATION.—

12 (1) DESIGNATION.—The Secretary is author13 ized to designate an appropriate private, nonprofit 

14 organization that is organized or incorporated under 

15 the laws of the United States or of a State as the 

16 Middle East Foundation (referred to in this section 

17 as the ‘‘Foundation’’). 

18 (2) FUNDING.—The Secretary is authorized to 

19 provide funding to the Foundation through the Mid20 dle East Partnership Initiative of the Department. 

21 The Foundation shall use amounts provided under 

22 this paragraph to carry out the purposes of this sec23 tion, including through making grants and providing 

24 other assistance to entities to carry out programs for 

25 such purposes. 
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1 (3) NOTIFICATION TO CONGRESSIONAL COMMIT2 TEES.—The Secretary shall notify the Committee on 

3 Foreign Relations of the Senate and the Committee 

4 on International Relations of the House of Rep5 resentatives appropriate congressional committees be6 fore designating an appropriate organization as the 

7 Foundation. 

8 (c) GRANTS FOR PROJECTS.—

9 (1) FOUNDATION TO MAKE GRANTS.—The Sec10 retary shall enter into an agreement with the Foun11 dation that requires the Foundation to use the funds 

12 provided under subsection (b)(2) to make grants to 

13 persons (other than governments or government en14 tities) located in the Middle East or working with 

15 local partners based in the Middle East to carry out 

16 projects that support the purposes specified in sub17 section (a). 

18 (2) CENTER FOR PUBLIC POLICY.—Under the 

19 agreement described in paragraph (1), the Founda20 tion may make a grant to an institution of higher 

21 education located in the Middle East to create a cen22 ter for public policy for the purpose of permitting 

23 scholars and professionals from the countries of the 

24 Middle East and from other countries, including the 

25 United States, to carry out research, training pro-
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1 grams, and other activities to inform public policy2 making in the Middle East and to promote broad 

3 economic, social, and political reform for the people 

4 of the Middle East. 

5 (3) APPLICATIONS FOR GRANTS.—An entity 

6 seeking a grant from the Foundation under this sec7 tion shall submit an application to the head of the 

8 Foundation at such time, in such manner, and in9 cluding such information as the head of the Founda10 tion may reasonably require. 

11 (d) PRIVATE CHARACTER OF THE FOUNDATION.—

12 Nothing in this section shall be construed to—

13 (1) make the Foundation an agency or estab14 lishment of the United States Government, or to 

15 make the officers or employees of the Foundation of16 ficers or employees of the United States for purposes 

17 of title 5, United States Code; or 

18 (2) to impose any restriction on the Founda19 tion’s acceptance of funds from private and public 

20 sources in support of its activities consistent with 

21 the purposes of this section. 

22 (e) LIMITATION ON PAYMENTS TO FOUNDATION

23 PERSONNEL.—No part of the funds provided to the Foun24 dation under this section shall inure to the benefit of any 
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1 officer or employee of the Foundation, except as salary 

2 or reasonable compensation for services. 

3 (f) RETENTION OF INTEREST.—The Foundation may 

4 hold funds provided under this section in interest-bearing 

5 accounts prior to the disbursement of such funds to carry 

6 out the purposes of this section, and may retain for use 

7 for such purposes any interest earned without returning 

8 such interest to the Treasury of the United States and 

9 without further appropriation by Congress. 

10 (g) FINANCIAL ACCOUNTABILITY.—

11 (1) INDEPENDENT PRIVATE AUDITS OF THE

12 FOUNDATION.—The accounts of the Foundation 

13 shall be audited annually in accordance with gen14 erally accepted auditing standards by independent 

15 certified public accountants or independent licensed 

16 public accountants certified or licensed by a regu17 latory authority of a State or other political subdivi18 sion of the United States. The report of the inde19 pendent audit shall be included in the annual report 

20 required by subsection (h). 

21 (2) GAO AUDITS.—The financial transactions 

22 undertaken pursuant to this section by the Founda23 tion may be audited by the General Accounting Of24 fice in accordance with such principles and proce25 dures and under such rules and regulations as may 
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1 be prescribed by the Comptroller General of the 

2 United States. 

3 (3) AUDITS OF GRANT RECIPIENTS.—

4 (A) IN GENERAL.—A recipient of a grant 

5 from the Foundation shall agree to permit an 

6 audit of the books and records of such recipient 

7 related to the use of the grant funds. 

8 (B) RECORDKEEPING.—Such recipient 

9 shall maintain appropriate books and records to 

10 facilitate an audit referred to subparagraph 

11 (A), including—

12 (i) separate accounts with respect to 

13 the grant funds; 

14 (ii) records that fully disclose the use 

15 of the grant funds; 

16 (iii) records describing the total cost 

17 of any project carried out using grant 

18 funds; and 

19 (iv) the amount and nature of any 

20 funds received from other sources that 

21 were combined with the grant funds to 

22 carry out a project.

23 (h) ANNUAL REPORTS.—Not later than January 31, 

24 2006, and annually thereafter, the Foundation shall sub25 mit to Congress and make available to the public an an-
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1 nual report that includes, for the fiscal year prior to the 

2 fiscal year in which the report is submitted, a comprehen3 sive and detailed description of—

4 (1) the operations and activities of the Founda5 tion that were carried out using funds provided 

6 under this section; 

7 (2) grants made by the Foundation to other en8 tities with funds provided under this section; 

9 (3) other activities of the Foundation to further 

10 the purposes of this section; and 

11 (4) the financial condition of the Foundation.

12 SEC. 2226. DATABASE OF UNITED STATES MILITARY ASSIST13 ANCE. 

14 Section 655 of the Foreign Assistance Act of 1961 (22 

15 U.S.C. 2415) is amended by striking subsection (c) and in16 serting the following: 

17 ‘‘(c) AVAILABILITY OF REPORT INFORMATION ON THE

18 INTERNET.—

19 ‘‘(1) REQUIREMENT FOR DATABASE.—The Sec20 retary of State, in consultation with the Secretary of 

21 Defense, shall make available to the public the unclas22 sified portion of each such report in the form of a 

23 database that is available via the Internet and that 

24 may be searched by various criteria. 
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1 ‘‘(2) SCHEDULE FOR UPDATING.—Not later than 

2 April 1 of each year, the Secretary of State shall 

3 make available in the database the information con4 tained in the annual report for the fiscal year ending 

5 the previous September 30.’’. 

6 SEC. 2227. MILLENNIUM CHALLENGE ASSISTANCE FOR CER7 TAIN COUNTRIES. 

8 Section 616(d) of the Millennium Challenge Act of 

9 2003 (title VI of division D of Public Law 108–199) is 

10 amended to read as follows: 

11 ‘‘(d) FUNDING.—Amounts may be available to carry 

12 out this subsection as follows: 

13 ‘‘(1) Not more than 10 percent of the amount ap14 propriated pursuant to the authorization of appro15 priations under section 619(a) for fiscal year 2004 is 

16 authorized to be made available to carry out this sec17 tion. 

18 ‘‘(2) Not more than 10 percent of the amount ap19 propriated pursuant to the authorization of appro20 priations under section 619(a) for fiscal year 2005 is 

21 authorized to be made available to carry out this sec22 tion.’’.
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1 Subtitle B—Arms Export Control 

2 Act Amendments and Related 

3 Provisions 

4 SEC. 2231. THRESHOLDS FOR ADVANCE NOTICE TO CON5 GRESS OF SALES OR UPGRADES OF DEFENSE 

6 ARTICLES, DESIGN AND CONSTRUCTION 

7 SERVICES, AND MAJOR DEFENSE EQUIP8 MENT. 

9 (a) LETTERS OF OFFER TO SELL.—Subsection (b) 

10 of section 36 of the Arms Export Control Act (22 U.S.C. 

11 2776) is amended—

12 (1) in the first sentence of paragraph (1)—

13 (A) by striking ‘‘Subject to paragraph (6), 

14 in’’ and inserting ‘‘In’’; 

15 (B) by striking ‘‘Act for $50,000,000’’ and 

16 inserting ‘‘Act for $100,000,000’’; 

17 (C) by striking ‘‘services for 

18 $200,000,000’’ and inserting ‘‘services for 

19 $350,000,000’’; 

20 (D) by striking ‘‘$14,000,000’’ and insert21 ing ‘‘$50,000,000’’; and 

22 (E) by inserting ‘‘and in other cases if the 

23 President determines it is appropriate,’’ before 

24 ‘‘before such letter’’; 

25 (2) in the first sentence of paragraph (5)(C)—
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1 (A) by striking ‘‘Subject to paragraph (6), 

2 if’’ and inserting ‘‘If’’; 

3 (B) by striking ‘‘costs $14,000,000’’ and 

4 inserting ‘‘costs $50,000,000’’; 

5 (C) by striking ‘‘equipment, $50,000,000’’ 

6 and inserting ‘‘equipment, $100,000,000’’; 

7 (D) by striking ‘‘or $200,000,000’’ and in8 serting ‘‘or $350,000,000’’; and 

9 (E) by inserting ‘‘and in other cases if the 

10 President determines it is appropriate,’’ before 

11 ‘‘then the President’’; and 

12 (3) by striking paragraph (6). 

13 (b) EXPORT LICENSES.—Subsection (c) of section 36 

14 of the Arms Export Control Act (22 U.S.C. 2776) is 

15 amended—

16 (1) in the first sentence of paragraph (1)—

17 (A) by striking ‘‘Subject to paragraph (5), 

18 in’’ and inserting ‘‘In’’; 

19 (B) by striking ‘‘$14,000,000’’ and insert20 ing ‘‘$50,000,000’’; 

21 (C) by striking ‘‘services sold under a con22 tract in the amount of $50,000,000’’ and insert23 ing ‘‘services sold under a contract in the 

24 amount of $100,000,000’’; and 
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1 (D) by inserting ‘‘and in other cases if the 

2 President determines it is appropriate,’’ before 

3 ‘‘before issuing such’’; 

4 (2) in the last sentence of paragraph (2), by 

5 striking ‘‘(A) and (B)’’ and inserting ‘‘(A), (B), and 

6 (C)’’; and 

7 (3) by striking paragraph (5). 

8 (c) PRESIDENTIAL CONSENT.—Section 3(d) of the 

9 Arms Export Control Act (22 U.S.C. 2753(d)) is amend10 ed—

11 (1) in paragraphs (1) and (3)(A)—

12 (A) by striking ‘‘Subject to paragraph (5), 

13 the’’ and inserting ‘‘The’’; 

14 (B) by striking ‘‘$14,000,000’’ and insert15 ing ‘‘$50,000,000’’; and 

16 (C) by striking ‘‘service valued (in terms of 

17 its original acquisition cost) at $50,000,000’’ 

18 and inserting ‘‘service valued (in terms of its 

19 original acquisition cost) at $100,000,000’’; and 

20 (2) by striking paragraph (5). 

21 SEC. 2232. CLARIFICATION OF REQUIREMENT FOR AD22 VANCE NOTICE TO CONGRESS OF COM23 PREHENSIVE EXPORT AUTHORIZATIONS. 

24 Subsection (d) of section 36 of the Arms Export Con25 trol Act (22 U.S.C. 2776) is amended—
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1 (1) in paragraph (1)—

2 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

3 (B) by striking ‘‘this subsection’’ and in4 serting ‘‘this subparagraph’’; and 

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

6 subparagraph: 

7 ‘‘(B) Notwithstanding section 27(g), in the case of 

8 a comprehensive authorization described in section 126.14 

9 of title 22, Code of Federal Regulations (or any cor10 responding similar regulation) for the proposed export of 

11 defense articles or defense services in an amount that ex12 ceeds a limitation set forth in subsection (c)(1), before the 

13 comprehensive authorization is approved or the addition 

14 of a foreign government or other foreign partner to the 

15 comprehensive authorization is approved, the President 

16 shall submit a certification with respect to the comprehen17 sive authorization in a manner similar to the certification 

18 required under subsection (c)(1) of this section and con19 taining comparable information, except that the last sen20 tence of such subsection shall not apply to certifications 

21 submitted pursuant to this subparagraph.’’; and 

22 (2) in paragraph (4), by striking ‘‘Approval for 

23 an agreement subject to paragraph (1) may not be 

24 given under section 38’’ and inserting ‘‘Approval for 

25 an agreement subject to paragraph (1)(A), or for a 
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1 comprehensive authorization subject to paragraph 

2 (1)(B), may not be given under section 38 or section 

3 126.14 of title 22, Code of Federal Regulations (or 

4 any corresponding similar regulation), as the case 

5 may be,’’. 

6 SEC. 2233. EXCEPTION TO BILATERAL AGREEMENT RE7 QUIREMENTS FOR TRANSFERS OF DEFENSE 

8 ITEMS. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) Close defense cooperation between the 

12 United States and each of the United Kingdom and 

13 Australia requires interoperability among the armed 

14 forces of those countries. 

15 (2) The need for interoperability must be bal16 anced with the need for appropriate and effective 

17 regulation of trade in defense items. 

18 (3) The Arms Export Control Act (22 U.S.C. 

19 2751 et seq.) authorizes the executive branch to ad20 minister arms export policies enacted by Congress in 

21 the exercise of its constitutional power to regulate 

22 commerce with foreign nations. 

23 (4) The executive branch has exercised its au24 thority under the Arms Export Control Act, in part, 
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1 through the International Traffic in Arms Regula2 tions. 

3 (5) Agreements to gain exemption from the 

4 International Traffic in Arms Regulations must be 

5 submitted to Congress for review. 

6 (b) DEFINITIONS.—In this section: 

7 (1) DEFENSE ITEMS.—The term ‘‘defense 

8 items’’ has the meaning given the term in section 38 

9 of the Arms Export Control Act (22 U.S.C. 2778). 

10 (2) INTERNATIONAL TRAFFIC IN ARMS REGULA11 TIONS.—The term ‘‘International Traffic in Arms 

12 Regulations’’ means the regulations maintained 

13 under parts 120 through 130 of title 22, Code of 

14 Federal Regulations, and any successor regulations. 

15 (c) EXCEPTIONS FROM BILATERAL AGREEMENT RE16 QUIREMENTS.—

17 (1) IN GENERAL.—Subsection (j) of section 38 

18 of the Arms Export Control Act (22 U.S.C. 2778) 

19 is amended—

20 (A) by redesignating paragraph (4) as 

21 paragraph (5); and 

22 (B) by inserting after paragraph (3) the 

23 following new paragraph (4): 

24 ‘‘(4) EXCEPTIONS FROM BILATERAL AGREE25 MENT REQUIREMENTS.—
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1 ‘‘(A) AUSTRALIA.—Subject to the provi2 sions of section 2233 of the Foreign Assistance 

3 Authorization Act, Fiscal Year 2005, the re4 quirements for a bilateral agreement described 

5 in paragraph (2)(A) shall not apply to a bilat6 eral agreement between the United States Gov7 ernment and the Government of Australia with 

8 respect to transfers or changes in end use of 

9 defense items within Australia that will remain 

10 subject to the licensing requirements of this Act 

11 after such agreement enters into force. 

12 ‘‘(B) UNITED KINGDOM.—Subject to the 

13 provisions of section 2233 of the Foreign As14 sistance Authorization Act, Fiscal Year 2005, 

15 the requirements for a bilateral agreement de16 scribed in paragraphs (1)(A)(ii), (2)(A)(i), and 

17 (2)(A)(ii) shall not apply to a bilateral agree18 ment between the United States Government 

19 and the Government of the United Kingdom for 

20 an exemption from the licensing requirements 

21 of this Act.’’. 

22 (2) CONFORMING AMENDMENT.—Paragraph (2) 

23 of such subsection is amended in the matter pre24 ceding subparagraph (A) by striking ‘‘A bilateral 
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1 agreement’’ and inserting ‘‘Except as provided in 

2 paragraph (4), a bilateral agreement’’. 

3 (d) CERTIFICATIONS.—Not later than 30 days before 

4 authorizing an exemption from the licensing requirements 

5 of the International Traffic in Arms Regulations in ac6 cordance with any bilateral agreement entered into with 

7 the United Kingdom or Australia under section 38(j) of 

8 the Arms Export Control Act (22 U.S.C. 2778(j)), as 

9 amended by subsection (c), the President shall certify to 

10 the appropriate congressional committees that such agree11 ment—

12 (1) is in the national interest of the United 

13 States and will not in any way affect the goals and 

14 policy of the United States under section 1 of the 

15 Arms Export Control Act (22 U.S.C. 2751); 

16 (2) does not adversely affect the efficacy of the 

17 International Traffic in Arms Regulations to provide 

18 consistent and adequate controls for licensed exports 

19 of United States defense items; and 

20 (3) will not adversely affect the duties or re21 quirements of the Secretary under the Arms Export 

22 Control Act. 

23 (e) NOTIFICATION OF BILATERAL LICENSING EX24 EMPTIONS.—Not later than 30 days before authorizing an 

25 exemption from the licensing requirements of the Inter-
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1 national Traffic in Arms Regulations in accordance with 

2 any bilateral agreement entered into with the United 

3 Kingdom or Australia under section 38(j) of the Arms Ex4 port Control Act (22 U.S.C. 2778(j)), as amended by sub5 section (c), the President shall submit to the appropriate 

6 congressional committees the text of the regulations that 

7 authorize such a licensing exemption. 

8 (f) REPORT ON CONSULTATION ISSUES.—Not later 

9 than one year after the date of the enactment of this Act 

10 and annually thereafter for each of the following 5 years, 

11 the President shall submit to the appropriate congres12 sional committees a report on issues raised during the pre13 vious year in consultations conducted under the terms of 

14 any bilateral agreement entered into with Australia under 

15 section 38(j) of the Arms Export Control Act, or under 

16 the terms of any bilateral agreement entered into with the 

17 United Kingdom under such section, for exemption from 

18 the licensing requirements of the Arms Export Control Act 

19 (22 U.S.C. 2751 et seq.). Each report shall contain—

20 (1) detailed information on any notifications or 

21 consultations between the United States and the 

22 United Kingdom under the terms of any agreement 

23 with the United Kingdom, or between the United 

24 States and Australia under the terms of any agree25 ment with Australia, concerning the modification, 
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1 deletion, or addition of defense items on the United 

2 States Munitions List, the United Kingdom Military 

3 List, or the Australian Defense and Strategic Goods 

4 List; 

5 (2) a list of all United Kingdom or Australia 

6 persons and entities that have been designated as 

7 qualified persons eligible to receive United States or8 igin defense items exempt from the licensing require9 ments of the Arms Export Control Act under the 

10 terms of such agreements, and listing any modifica11 tion, deletion, or addition to such lists, pursuant to 

12 the requirements of any agreement with the United 

13 Kingdom or any agreement with Australia; 

14 (3) detailed information on consultations or 

15 steps taken pursuant to any agreement with the

16 United Kingdom or any agreement with Australia 

17 concerning cooperation and consultation with either 

18 government on the effectiveness of the defense trade 

19 control systems of such government; 

20 (4) detailed information on provisions and pro21 cedures undertaken pursuant to—

22 (A) any agreement with the United King23 dom with respect to the handling of United 

24 States origin defense items exempt from the li25 censing requirements of the Arms Export Con-
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1 trol Act by persons and entities qualified to re2 ceive such items in the United Kingdom; and 

3 (B) any agreement with Australia with re4 spect to the handling of United States origin 

5 defense items exempt from the licensing re6 quirements of the Arms Export Control Act by 

7 persons and entities qualified to receive such 

8 items in Australia; 

9 (5) detailed information on any new under10 standings, including the text of such understandings, 

11 between the United States and the United Kingdom 

12 concerning retransfer of United States origin de13 fense items made pursuant to any agreement with 

14 the United Kingdom to gain exemption from the li15 censing requirements of the Arms Export Control 

16 Act; 

17 (6) detailed information on consultations with 

18 the Government of the United Kingdom or the Gov19 ernment of Australia concerning the legal enforce20 ment of any such agreements; 

21 (7) detailed information on United States origin 

22 defense items with respect to which the United 

23 States has provided an exception under the Memo24 randum of Understanding between the United States 

25 and the United Kingdom and any agreement be-
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1 tween the United States and Australia from the re2 quirement for United States Government re-export 

3 consent that was not provided for under United 

4 States laws and regulations in effect on the date of 

5 the enactment of this Act; and 

6 (8) detailed information on any significant con7 cerns that have arisen between the Government of 

8 Australia or the Government of the United Kingdom 

9 and the United States Government concerning any 

10 aspect of any bilateral agreement between such 

11 country and the United States to gain exemption 

12 from the licensing requirements of the Arms Export 

13 Control Act. 

14 (g) SPECIAL NOTIFICATIONS.—

15 (1) REQUIRED NOTIFICATIONS.—The Secretary 

16 shall notify the appropriate congressional commit17 tees, in a manner consistent with ongoing efforts to 

18 investigate and bring civil or criminal charges re19 garding such matters, not later than 90 days after 

20 receiving any credible information regarding an un21 authorized end-use or diversion of United States ex22 ports of goods or services made pursuant to any 

23 agreement with a country to gain exemption from 

24 the licensing requirements of the Arms Export Con25 trol Act. The notification shall be made in a manner 
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1 that is consistent with any ongoing efforts to inves2 tigate and commence civil actions or criminal pros3 ecutions investigations or prosecutions regarding 

4 such matters and may be made in classified or un5 classified form. 

6 (2) CONTENT.—The notification regarding an 

7 unauthorized end-use or diversion of goods or serv8 ices under paragraph (1) shall include—

9 (A) a description of the goods or services; 

10 (B) the United States origin of the good or 

11 service; 

12 (C) the authorized recipient of the good or 

13 service; 

14 (D) a detailed description of the unauthor15 ized end-use or diversion, including any knowl16 edge by the United States exporter of such un17 authorized end-use or diversion; 

18 (E) any enforcement action taken by the 

19 Government of the United States; and 

20 (F) any enforcement action taken by the 

21 government of the recipient nation. 

22 SEC. 2234. AUTHORITY TO PROVIDE CATALOGING DATA 

23 AND SERVICES TO NON-NATO COUNTRIES. 

24 Section 21(h)(2) of the Arms Export Control Act (22 

25 U.S.C. 2761(h)(2)) is amended by striking ‘‘to the North 
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1 Atlantic Treaty Organization or to any member govern2 ment of that Organization if that Organization or member 

3 government’’ and inserting ‘‘to the North Atlantic Treaty 

4 Organization, to any member government of that Organi5 zation, or to the government of any other country if that 

6 Organization, member government, or other government’’. 

7 SEC. 2235. FREEDOM SUPPORT ACT PERMANENT WAIVER 

8 AUTHORITY. 

9 (a) AUTHORITY TO WAIVE RESTRICTIONS AND ELI10 GIBILITY REQUIREMENTS.—If the President submits the 

11 certification and report described in subsection (b) with 

12 respect to an independent state of the former Soviet Union 

13 for a fiscal year, funds may be obligated and expended 

14 during that fiscal year under sections 503 and 504 of the 

15 FREEDOM Support Act (22 U.S.C. 5853 and 5854) for 

16 assistance or other programs and activities for that state 

17 even if that state has not met one or more of the require18 ments for eligibility under paragraphs (1) through (4) of 

19 section 502 of such Act (22 U.S.C. 5852). 

20 (b) CERTIFICATION AND REPORT.—

21 (1) IN GENERAL.—The certification and report 

22 referred to in subsection (a) are a written certifi23 cation submitted by the President to Congress that 

24 the waiver of the restriction under such section 502 

25 and the requirements in that section during the fis-
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1 cal year covered by such certification is important to 

2 the national security interests of the United States, 

3 together with a report containing the following: 

4 (A) A description of the activity or activi5 ties that prevent the President from certifying 

6 that the state is committed to the matters set 

7 forth in the provisions of law specified in sub8 section (a) in such fiscal year. 

9 (B) An explanation of why the waiver is 

10 important to the national security interests of 

11 the United States. 

12 (C) A description of the strategy, plan, or 

13 policy of the President for promoting the com14 mitment of the state to, and compliance by the 

15 state with, such matters, notwithstanding the 

16 waiver. 

17 (2) FORM OF REPORT.—A report under para18 graph (1) shall be submitted in unclassified form, 

19 but may include a classified annex. 

20 SEC. 2236. EXTENSION OF PAKISTAN WAIVERS. 

21 The Act entitled ‘‘An Act to authorize the President 

22 to exercise waivers of foreign assistance restrictions with 

23 respect to Pakistan through September 30, 2003, and for 

24 other purposes’’, approved October 27, 2001 (Public Law 

25 107–57; 115 Stat. 403), as amended by section 2213 of 
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1 the Emergency Supplemental Appropriations Act for De2 fense and for the Reconstruction of Iraq and Afghanistan, 

3 2004 (Public Law 108–106; 117 Stat. 1232), is further 

4 amended—

5 (1) in section 1(b)—

6 (A) in the heading, by striking ‘‘2004’’ and 

7 inserting ‘‘2005’’; and 

8 (B) in paragraph (1), by striking ‘‘2004’’ 

9 and inserting ‘‘2005’’; 

10 (2) in section 3(2), by striking ‘‘and 2004,’’ 

11 and inserting ‘‘2004, and 2005,’’; and 

12 (3) in section 6, by striking ‘‘2004’’ and insert13 ing ‘‘2005’’.

14 SEC. 2237. CONSOLIDATION OF REPORTS ON NON15 PROLIFERATION IN SOUTH ASIA. 

16 Section 1601(c) of the Foreign Relations Authoriza17 tion Act, Fiscal Year 2003 is amended to read as follows: 

18 ‘‘(c) REPORT.—The report required to be submitted 

19 to Congress not later than April 1, 2005 pursuant to sec20 tion 620F(c) of the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2376(c)) shall include a description of the efforts 

22 of the United States Government to achieve the objectives 

23 described in subsections (a) and (b), the progress made 

24 toward achieving such objectives, and the likelihood that 

25 such objectives will be achieved by September 30, 2005.’’. 
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1 SEC. 2238. HAITIAN COAST GUARD. 

2 The Government of Haiti shall be eligible to purchase 

3 defense articles and services for the Haitian Coast Guard 

4 under the Arms Export Control Act (22 U.S.C. 2751 et 

5 seq.), subject to the prior notification requirements under 

6 section 634A of the Foreign Assistance Act of 1961 (22 

7 U.S.C. 2394–1). 

8 SEC. 2239. MARKETING INFORMATION FOR COMMERCIAL 

9 COMMUNICATIONS SATELLITES. 

10 (a) IN GENERAL.—A license shall not be required 

11 under section 38 of the Arms Export Control Act (22 

12 U.S.C. 2778) for the transfer of marketing information 

13 for the purpose of providing information directly related 

14 to the sale of commercial communications satellites and 

15 related parts to a member country of the North Atlantic 

16 Treaty Organization (NATO) and Australia, Japan, and 

17 New Zealand. 

18 (b) MARKETING INFORMATION.—In this section, the 

19 term ‘‘marketing information’’ means data that a seller 

20 must provide to a potential customer (including a foreign 

21 end-user) that will enable the customer to make a pur22 chase decision to award a contract for goods or services, 

23 including system description, functional information, price 

24 and schedule information, information required for instal25 lation, operation, maintenance, and repair, and includes 

26 that level of data necessary to ensure safe use of the prod-
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1 uct, but does not include sensitive encryption and source 

2 code data, detailed design data, engineering analysis, or 

3 manufacturing know-how. 

4 (c) EXCEPTION.—Nothing in this section shall ex5 empt commercial communications satellites from any li6 censing requirement under section 38 of the Arms Export 

7 Control Act (22 U.S.C. 2778) for defense items and de8 fense services, except as described in subsection (a). 

9 SEC. 2240. TRANSFER OF CERTAIN NAVAL VESSELS. 

10 (a) AUTHORITY TO TRANSFER BY GRANT.—

11 (1) AUTHORITY.—The President is authorized 

12 to transfer vessels to foreign countries on a grant 

13 basis under section 516 of the Foreign Assistance 

14 Act of 1961 (22 U.S.C. 2321(j)) as follows: 

15 (A) The OLIVER HAZARD PERRY class 

16 guided missile frigate USS GEORGE PHILIP 

17 (FFG 12) to the Government of Bahrain. 

18 (B) The OLIVER HAZARD PERRY class 

19 guided missile frigate USS SIDES (FFG 14) to 

20 the Government of Portugal. 

21 (2) GRANTS NOT COUNTED AGAINST AGGRE22 GATE VALUE OF TRANSFERRED EXCESS DEFENSE

23 ARTICLES.—The value of a vessel transferred to an24 other country on a grant basis under section 516 of 

25 the Foreign Assistance Act of 1961 (22 U.S.C. 
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1 2321j) pursuant to authority provided by paragraph 

2 (1) shall not be counted for the purposes of sub3 section (g) of that section in the aggregate value of 

4 excess defense articles transferred to countries under 

5 that section in any fiscal year. 

6 (b) COSTS OF TRANSFERS.—Any expense incurred by 

7 the United States in connection with a transfer authorized 

8 to be made on a grant basis under subsection (a) shall 

9 be charged to the recipient (notwithstanding section 

10 516(e)(1) of the Foreign Assistance Act of 1961 (2 U.S.C. 

11 2321j(e)(1))). 

12 (c) AUTHORITY TO TRANSFER BY SALE.—The Presi13 dent is authorized to transfer the SPRUANCE class de14 stroyer FLETCHER (DD 992) to the Government of 

15 Chile on a sales basis under section 21 of the Arms Export 

16 Control Act (22 U.S.C. 2761). 

17 (d) REPAIR AND REFURBISHMENT IN UNITED

18 STATES SHIPYARDS.—To the maximum extent prac19 ticable, the President shall require, as a condition of the 

20 transfer of a vessel under this section, that the country 

21 to which the vessel is transferred have such repair or re22 furbishment of the vessel as is needed, before the vessel 

23 joins the naval forces of that country, performed at a ship24 yard located in the United States, including a United 

25 States Navy shipyard. 
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1 (e) EXPIRATION OF AUTHORITY.—The authority to 

2 transfer a vessel under this section shall expire on the date 

3 at the end of the 2-year period beginning on the date of 

4 the enactment of this Act.

5 SEC. 2241. MAN-PORTABLE AIR DEFENSE SYSTEMS THREAT 

6 REDUCTION. 

7 (a) FINDINGS.—Congress makes the following findings: 

8 (1) Man-Portable Air Defense Systems (in this 

9 section referred to as ‘‘MANPADS’’), also known as 

10 shoulder-fired missiles, are widely proliferated weap11 ons that are relatively cheap, easy to conceal, and 

12 available on the black market. 

13 (2) As many as 700,000 MANPADS have been 

14 produced worldwide, thousands of which are in the 

15 hands of approximately two dozen terrorist and 

16 nonstate groups. 

17 (3) According to the Department of Homeland 

18 Security, since 1978, there have been 35 attempts to 

19 shoot down civilian aircraft, resulting in the cata20 strophic loss of 24 planes and 640 deaths. 

21 (4) Al Qaeda is the leading suspect in the No22 vember 2002 MANPAD attack against an Israeli air23 liner in Kenya and the May 2002 MANPAD attack 

24 against United States military aircraft in Saudi 

25 Arabia. 
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1 (b) SENSE OF CONGRESS ON MANPAD THREAT RE2 DUCTION.—Congress commends multilateral efforts to re3 duce the threat of MANPADS, including— 

4 (1) the action plan adopted during the G–8 

5 Summit in Evian, France, in June 2003 to enhance 

6 transport security and control of MANPADS by— 

7 (A) providing assistance and technical ex8 pertise for the collection, secure stockpile man9 agement, and destruction of surplus MANPADS; 

10 (B) adopting strict national export controls 

11 on MANPADS and their essential components; 

12 (C) ensuring strong national regulation of 

13 the production, transfer, and brokering of 

14 MANPADS; 

15 (D) banning transfers of MANPADS to 

16 nonstate end-users and limiting the export of 

17 MANPADS to foreign governments and their au18 thorized agents; 

19 (E) exchanging information on countries 

20 and entities that do not cooperate in such efforts; 

21 (F) examining the feasibility of development 

22 for new MANPADS of specific technical perform23 ance or launch control features that preclude 

24 their unauthorized use; and 
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1 (G) encouraging action in the International 

2 Civil Aviation Organization Aviation Security 

3 Working Group on MANPADS; and 

4 (2) the strengthened guidelines adopted in No5 vember 2003 for export control over MANPADS by 

6 the Wassenaar Arrangement on Export Controls for 

7 Conventional Arms and Dual-Use Goods and Tech8 nologies, which include an agreement to— 

9 (A) share information regarding nonstate 

10 entities that are or may be attempting to acquire 

11 MANPADS; 

12 (B) dispose of excess stockpiles of 

13 MANPADS, including buying back previously 

14 exported weapons; 

15 (C) ensure that storage conditions for 

16 MANPADS are sufficient to provide for the high17 est standards of security and access control; and 

18 (D) prevent the potential for diversion or 

19 misuse of MANPADS in the recipient country. 

20 (c) BAN ON TRANSFER TO NONSTATE ENTITIES AND

21 TERRORIST STATES.—Congress urges the President to in22 struct the United States Representative to the United Na23 tions to pursue a United Nations Security Council resolu24 tion to ban the transfer and sale of MANPADS to nonstate 

25 entities (including terrorist groups or individual terrorists). 
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1 (d) REPORTS.—Not later than 180 days after the date 

2 of the enactment of this Act, and each year thereafter, the 

3 Secretary shall submit to the appropriate congressional 

4 committees a report that describes United States efforts to 

5 reduce the threat of MANPADS and the progress of the 

6 United States in obtaining the United Nations Security 

7 Council resolution described in subsection (c). 

8 (e) AVAILABILITY OF FUNDS.—Of the amount author9 ized to be appropriated in section 2125 for Nonprolifera10 tion, Antiterrorism, Demining, and Related Programs for 

11 fiscal year 2005, $10,000,000 is authorized to be available 

12 for multilateral and bilateral efforts to reduce the threat 

13 of MANPADS.

14 TITLE XXIII—RADIOLOGICAL 

15 TERRORISM SECURITY 

16 SEC. 2301. SHORT TITLE. 

17 This title may be cited as the ‘‘Radiological Ter18 rorism Security Act of 2004’’. 

19 SEC. 2302. DEFINITIONS. 

20 In this title: 

21 (1) BYPRODUCT MATERIAL.—The term ‘‘by22 product material’’ has the meaning given the term in 

23 section 11 e. of the Atomic Energy Act of 1954 (42 

24 U.S.C. 2014(e)). 
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1 (2) IAEA.—The term ‘‘IAEA’’ means the 

2 International Atomic Energy Agency. 

3 (3) RADIOACTIVE MATERIAL.—The term ‘‘ra4 dioactive material’’ means—

5 (A) source material and special nuclear 

6 material, but does not include natural or de7 pleted uranium; 

8 (B) nuclear byproduct material; 

9 (C) material made radioactive by bombard10 ment in an accelerator; and 

11 (D) all refined isotopes of radium. 

12 (4) SOURCE MATERIAL.—The term ‘‘source ma13 terial’’ has the meaning given the term in section 11 

14 z. of the Atomic Energy Act of 1954 (42 U.S.C. 

15 2014(z)). 

16 (5) SPECIAL NUCLEAR MATERIAL.—The term 

17 ‘‘special nuclear material’’ has the meaning given 

18 the term in section 11 aa. of the Atomic Energy Act 

19 of 1954 (42 U.S.C. 2014(aa)). 

20 SEC. 2303. EMBASSY THREAT ASSESSMENT REPORTS. 

21 (a) REPORTS REQUIRED.—The Secretary shall, at 

22 the times specified in subsection (c), submit to the appro23 priate congressional committees a report—

24 (1) detailing the preparations made at United 

25 States diplomatic missions abroad to detect and 
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1 mitigate a radiological attack on United States mis2 sions and other United States facilities under the 

3 control of the Secretary; 

4 (2) setting forth a rank-ordered list of the Sec5 retary’s priorities for improving radiological security 

6 and consequence management at United States mis7 sions; and 

8 (3) providing a rank-ordered list of the missions 

9 where such improvement is most important. 

10 (b) BUDGET REQUEST.—Each report under sub11 section (a) shall also include a proposed budget to carry 

12 out the improvements listed in such report pursuant to 

13 subsection (a)(2). 

14 (c) TIMING.—

15 (1) FIRST REPORT.—The first report under 

16 subsection (a) shall be submitted not later than 180 

17 days after the date of the enactment of this Act. 

18 (2) SUBSEQUENT REPORTS.—Subsequent re19 ports under subsection (a) shall be submitted with 

20 the budget justification materials submitted by the 

21 Secretary to Congress in support of the budget of 

22 the President for the fiscal year (as submitted under 

23 section 1105(a) of title 31, United States Code) for 

24 each fiscal year after fiscal year 2005. 
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1 (d) FORM.—Each report shall be submitted in un2 classified form, but may include a classified annex. 

3 SEC. 2304. FOREIGN FIRST RESPONDERS. 

4 (a) IN GENERAL.—The Secretary is authorized to as5 sist foreign countries, or to propose that the IAEA assist 

6 foreign countries, in the development of appropriate na7 tional response plans and the training of first responders 

8 to—

9 (1) detect, identify, and characterize radioactive 

10 material; 

11 (2) understand the hazards posed by radioactive 

12 contamination; 

13 (3) understand the risks encountered at various 

14 dose rates; 

15 (4) enter contaminated areas safely and speed16 ily; and 

17 (5) evacuate persons within a contaminated 

18 area. 

19 (b) CONSIDERATIONS.—In carrying out activities 

20 under subsection (a), the Secretary shall take into account 

21 the findings of the threat assessment reports required by 

22 section 2303. 

23 SEC. 2305. AVAILABILITY OF FUNDS. 

24 Of the funds appropriated under this Act for Non25 proliferation, Anti-terrorism, Demining, and Related Pro-
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1 grams, there is authorized to be appropriated to the Presi2 dent for fiscal year 2005, $2,000,000 to carry out this 

3 title. 

4 TITLE XXIV—GLOBAL 

5 PATHOGEN SURVEILLANCE 

6 SEC. 2401. SHORT TITLE. 

7 This title may be cited as the ‘‘Global Pathogen Sur8 veillance Act of 2004’’. 

9 SEC. 2402. FINDINGS; PURPOSE. 

10 (a) FINDINGS.—Congress makes the following find11 ings: 

12 (1) Bioterrorism poses a grave national security 

13 threat to the United States. The insidious nature of 

14 the threat, the likely delayed recognition in the event 

15 of an attack, and the underpreparedness of the do16 mestic public health infrastructure may produce cat17 astrophic consequences following a biological weap18 ons attack upon the United States. 

19 (2) A contagious pathogen engineered as a bio20 logical weapon and developed, tested, produced, or 

21 released in another country can quickly spread to 

22 the United States. Given the realities of inter23 national travel, trade, and migration patterns, a 

24 dangerous pathogen released anywhere in the world 

25 can spread to United States territory in a matter of 
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1 days, before any effective quarantine or isolation 

2 measures can be implemented. 

3 (3) To effectively combat bioterrorism and en4 sure that the United States is fully prepared to pre5 vent, diagnose, and contain a biological weapons at6 tack, measures to strengthen the domestic public 

7 health infrastructure and improve domestic surveil8 lance and monitoring, while absolutely essential, are 

9 not sufficient. 

10 (4) The United States should enhance coopera11 tion with the World Health Organization, regional 

12 health organizations, and individual countries, in13 cluding data sharing with appropriate United States 

14 departments and agencies, to help detect and quickly 

15 contain infectious disease outbreaks or bioterrorism 

16 agents before they can spread. 

17 (5) The World Health Organization (WHO) has 

18 done an impressive job in monitoring infectious dis19 ease outbreaks around the world, including the re20 cent emergence of the Severe Acute Respiratory 

21 Syndrome (SARS) epidemic, particularly with the 

22 establishment in April 2000 of the Global Outbreak 

23 Alert and Response network. 

24 (6) The capabilities of the World Health Orga25 nization are inherently limited by the quality of the 
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1 data and information it receives from member coun2 tries, the narrow range of diseases (plague, cholera, 

3 and yellow fever) upon which its disease surveillance 

4 and monitoring is based, and the consensus process 

5 it uses to add new diseases to the list. Developing 

6 countries in particular often cannot devote the nec7 essary resources to build and maintain public health 

8 infrastructures. 

9 (7) In particular, developing countries could 

10 benefit from—

11 (A) better trained public health profes12 sionals and epidemiologists to recognize disease 

13 patterns; 

14 (B) appropriate laboratory equipment for 

15 diagnosis of pathogens; 

16 (C) disease reporting based on symptoms 

17 and signs (known as ‘‘syndrome surveillance’’), 

18 affording the earliest possible opportunity to 

19 conduct an effective response; 

20 (D) a narrowing of the existing technology 

21 gap in syndrome surveillance capabilities and 

22 real-time information dissemination to public 

23 health officials; and 

24 (E) appropriate communications equip25 ment and information technology to efficiently 
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1 transmit information and data within national 

2 and regional health networks, including inex3 pensive, Internet-based Geographic Information 

4 Systems (GIS) and relevant telephone-based 

5 systems for early recognition and diagnosis of 

6 diseases. 

7 (8) An effective international capability to mon8 itor and quickly diagnose infectious disease out9 breaks will offer dividends not only in the event of 

10 biological weapons development, testing, production, 

11 and attack, but also in the more likely cases of natu12 rally occurring infectious disease outbreaks that 

13 could threaten the United States. Furthermore, a 

14 robust surveillance system will serve to deter ter15 rorist use of biological weapons, as early detection 

16 will help mitigate the intended effects of such malev17 olent uses. 

18 (b) PURPOSE.—The purposes of this title are as fol19 lows: 

20 (1) To enhance the capability and cooperation 

21 of the international community, including the World 

22 Health Organization and individual countries, 

23 through enhanced pathogen surveillance and appro24 priate data sharing, to detect, identify, and contain 

25 infectious disease outbreaks, whether the cause of 
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1 those outbreaks is intentional human action or nat2 ural in origin. 

3 (2) To enhance the training of public health 

4 professionals and epidemiologists from eligible devel5 oping countries in advanced Internet-based and 

6 other electronic syndrome surveillance systems, in 

7 addition to traditional epidemiology methods, so that 

8 they may better detect, diagnose, and contain infec9 tious disease outbreaks, especially those due to 

10 pathogens most likely to be used in a biological 

11 weapons attack. 

12 (3) To provide assistance to developing coun13 tries to purchase appropriate public health labora14 tory equipment necessary for infectious disease sur15 veillance and diagnosis. 

16 (4) To provide assistance to developing coun17 tries to purchase appropriate communications equip18 ment and information technology, including, as ap19 propriate, relevant computer equipment, Internet 

20 connectivity mechanisms, and telephone-based appli21 cations to effectively gather, analyze, and transmit 

22 public health information for infectious disease sur23 veillance and diagnosis. 

24 (5) To make available greater numbers of 

25 United States Government public health profes-
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1 sionals to international health organizations, re2 gional health networks, and United States diplo3 matic missions where appropriate. 

4 (6) To establish ‘‘lab-to-lab’’ cooperative rela5 tionships between United States public health lab6 oratories and established foreign counterparts. 

7 (7) To expand the training and outreach activi8 ties of overseas United States laboratories, including 

9 Centers for Disease Control and Prevention and De10 partment of Defense entities, to enhance the disease 

11 surveillance capabilities of developing countries. 

12 (8) To provide appropriate technical assistance 

13 to existing regional health networks and, where ap14 propriate, seed money for new regional networks. 

15 SEC. 2403. DEFINITIONS. 

16 In this title: 

17 (1) BIOLOGICAL WEAPONS CONVENTION.—The 

18 term ‘‘Biological Weapons Convention’’ means the 

19 Convention on the Prohibition of the Development, 

20 Production and Stockpiling of Bacteriological (Bio21 logical) and Toxin Weapons and on Their Destruc22 tion, signed at Washington, London, and Moscow 

23 April 10, 1972. 
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1 (2) ELIGIBLE DEVELOPING COUNTRY.—The 

2 term ‘‘eligible developing country’’ means any devel3 oping country that—

4 (A) has agreed to the objective of fully 

5 complying with requirements of the World 

6 Health Organization on reporting public health 

7 information on outbreaks of infectious diseases; 

8 (B) has not been determined by the Sec9 retary, for purposes of section 40 of the Arms 

10 Export Control Act (22 U.S.C. 2780), section 

11 620A of the Foreign Assistance Act of 1961 

12 (22 U.S.C. 2371), or section 6(j) of the Export 

13 Administration Act of 1979 (50 U.S.C. App. 

14 2405), to have repeatedly provided support for 

15 acts of international terrorism, unless the Sec16 retary exercises a waiver certifying that it is in 

17 the national interest of the United States to 

18 provide assistance under the provisions of this 

19 title; and 

20 (C) is a state party to the Biological 

21 Weapons Convention.; and

22 (D) is determined by the United States Gov23 ernment not to have an offensive biological weap24 ons program.
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1 (3) ELIGIBLE NATIONAL.—The term ‘‘eligible 

2 national’’ means any citizen or national of an eligible 

3 developing country who is eligible to receive a visa 

4 under the provisions of the Immigration and Nation5 ality Act of (8 U.S.C. 1101 et seq.). who—

6 (A) is eligible to receive a visa under the 

7 provisions of the Immigration and Nationality 

8 Act (8 U.S.C. 1101 et seq.); and 

9 (B) is not currently or previously affiliated 

10 with or employed by a laboratory or entity de11 termined by the United States Government to be 

12 involved in offensive biological weapons activi13 ties.

14 (4) INTERNATIONAL HEALTH ORGANIZATION.—

15 The term ‘‘international health organization’’ in16 cludes the World Health Organization and the Pan 

17 American Health Organization. 

18 (5) LABORATORY.—The term ‘‘laboratory’’ 

19 means a facility for the biological, microbiological, 

20 serological, chemical, immuno-hematological, 

21 hematological, biophysical, cytological, pathological, 

22 or other examination of materials derived from the 

23 human body for the purpose of providing informa24 tion for the diagnosis, prevention, or treatment of 
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1 any disease or impairment of, or the assessment of 

2 the health of, human beings. 

3 (6) SELECT AGENT.—The term ‘‘select agent’’ 

4 has the meaning given such term for purposes of 

5 section 72.6 of title 42, Code of Federal Regula6 tions. 

7 (7) SYNDROME SURVEILLANCE.—The term 

8 ‘‘syndrome surveillance’’ means the recording of 

9 symptoms (patient complaints) and signs (derived 

10 from physical examination) combined with simple ge11 ographic locators to track the emergence of a disease 

12 in a population. 

13 SEC. 2404. PRIORITY FOR CERTAIN COUNTRIES. 

14 Priority in the provision of United States assistance 

15 for eligible developing countries under all the provisions 

16 of this title shall be given to those countries that permit 

17 personnel from the World Health Organization and the 

18 Centers for Disease Control and Prevention to investigate 

19 outbreaks of infectious diseases on their territories, pro20 vide early notification of disease outbreaks, and provide 

21 pathogen surveillance data to appropriate United States 

22 departments and agencies in addition to international 

23 health organizations. 
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1 SEC. 2405. RESTRICTION. 

2 Notwithstanding any other provision of this title, no 

3 foreign nationals participating in programs authorized 

4 under this title shall have access, during the course of such 

5 participation, to select agents that may be used as, or in, 

6 a biological weapon, except in a supervised and controlled 

7 setting. 

8 SEC. 2406. FELLOWSHIP PROGRAM. 

9 (a) ESTABLISHMENT.—There is established a fellow10 ship program (in this section referred to as the ‘‘pro11 gram’’) under which the Secretary, in consultation with 

12 the Secretary of Health and Human Services and subject 

13 to the availability of appropriations, shall award fellow14 ships to eligible nationals to pursue public health edu15 cation or training, as follows: 

16 (1) MASTER OF PUBLIC HEALTH DEGREE.—

17 Graduate courses of study leading to a master of 

18 public health degree with a concentration in epidemi19 ology from an institution of higher education in the 

20 United States with a Center for Public Health Pre21 paredness, as determined by the Centers for Disease 

22 Control and Prevention. 

23 (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY

24 TRAINING.—Advanced public health training in epi25 demiology to be carried out at the Centers for Dis26 ease Control and Prevention (or equivalent State fa-
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1 cility), or other Federal facility (excluding the De2 partment of Defense or United States National Lab3 oratories), for a period of not less than 6 months or 

4 more than 12 months. 

5 (b) SPECIALIZATION IN BIOTERRORISM.—In addition 

6 to the education or training specified in subsection (a), 

7 each recipient of a fellowship under this section (in this 

8 section referred to as a ‘‘fellow’’) may take courses of 

9 study at the Centers for Disease Control and Prevention 

10 or at an equivalent facility on diagnosis and containment 

11 of likely bioterrorism agents. 

12 (c) FELLOWSHIP AGREEMENT.—

13 (1) IN GENERAL.—In awarding a fellowship 

14 under the program, the Secretary, in consultation 

15 with the Secretary of Health and Human Services, 

16 shall require the recipient to enter into an agree17 ment under which, in exchange for such assistance, 

18 the recipient—

19 (A) will maintain satisfactory academic 

20 progress (as determined in accordance with reg21 ulations issued by the Secretary and confirmed 

22 in regularly scheduled updates to the Secretary 

23 from the institution providing the education or 

24 training on the progress of the recipient’s edu25 cation or training); 
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1 (B) will, upon completion of such edu2 cation or training, return to the recipient’s 

3 country of nationality or last habitual residence 

4 (so long as it is an eligible developing country) 

5 and complete at least four years of employment 

6 in a public health position in the government or 

7 a nongovernmental, not-for-profit entity in that 

8 country or, with the approval of the Secretary, 

9 complete part or all of this requirement through 

10 service with an international health organiza11 tion without geographic restriction; and 

12 (C) agrees that, if the recipient is unable 

13 to meet the requirements described in subpara14 graph (A) or (B), the recipient will reimburse 

15 the United States for the value of the assist16 ance provided to the recipient under the fellow17 ship, together with interest at a rate deter18 mined in accordance with regulations issued by 

19 the Secretary but not higher than the rate gen20 erally applied in connection with other Federal 

21 loans. 

22 (2) WAIVERS.—The Secretary may waive the 

23 application of paragraph (1)(B) and (1)(C) if the 

24 Secretary determines that it is in the national inter25 est of the United States to do so. 
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1 (d) IMPLEMENTATION.—The Secretary, in consulta2 tion with the Secretary of Health and Human Services, 

3 is authorized to enter into an agreement with any eligible 

4 developing country under which the country agrees—

5 (1) to establish a procedure for the nomination 

6 of eligible nationals for fellowships under this sec7 tion; 

8 (2) to guarantee that a fellow will be offered a 

9 professional public health position within the country 

10 upon completion of his studies; and 

11 (3) to certify to the Secretary when a fellow has 

12 concluded the minimum period of employment in a 

13 public health position required by the fellowship 

14 agreement, with an explanation of how the require15 ment was met. 

16 (e) PARTICIPATION OF UNITED STATES CITIZENS.—

17 On a case-by-case basis, the Secretary may provide for the 

18 participation of United States citizens under the provi19 sions of this section if the Secretary determines that it 

20 is in the national interest of the United States to do so. 

21 Upon completion of such education or training, a United 

22 States recipient shall complete at least 5 years of employ23 ment in a public health position in an eligible developing 

24 country or an international health organization. 
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1 SEC. 2407. IN-COUNTRY TRAINING IN LABORATORY TECH2 NIQUES AND SYNDROME SURVEILLANCE. 

3 (a) IN GENERAL.—In conjunction with the Centers 

4 for Disease Control and Prevention and the Department 

5 of Defense, the Secretary shall, subject to the availability 

6 of appropriations, support short training courses in-coun7 try (not in the United States) for laboratory technicians 

8 and other public health personnel from eligible developing 

9 countries in laboratory techniques relating to the identi10 fication, diagnosis, and tracking of pathogens responsible 

11 for possible infectious disease outbreaks. Training under 

12 this section may be conducted in overseas facilities of the 

13 Centers for Disease Control and Prevention or in Overseas 

14 Medical Research Units of the Department of Defense, as 

15 appropriate. The Secretary shall coordinate such training 

16 courses, where appropriate, with the existing programs 

17 and activities of the World Health Organization. 

18 (b) TRAINING IN SYNDROME SURVEILLANCE.—In 

19 conjunction with the Centers for Disease Control and Pre20 vention and the Department of Defense, the Secretary 

21 shall, subject to the availability of appropriations, estab22 lish and support short training courses in-country (not in 

23 the United States) for public health personnel from eligi24 ble developing countries in techniques of syndrome surveil25 lance reporting and rapid analysis of syndrome informa26 tion using Geographic Information System (GIS) and 
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1 other Internet-based tools. Training under this subsection 

2 may be conducted via the Internet or in appropriate facili3 ties as determined by the Secretary. The Secretary shall 

4 coordinate such training courses, where appropriate, with 

5 the existing programs and activities of the World Health 

6 Organization. 

7 SEC. 2408. ASSISTANCE FOR THE PURCHASE AND MAINTE8 NANCE OF PUBLIC HEALTH LABORATORY 

9 EQUIPMENT. 

10 (a) AUTHORIZATION.—The President is authorized, 

11 on such terms and conditions as the President may deter12 mine, to furnish assistance to eligible developing countries 

13 to purchase and maintain public health laboratory equip14 ment described in subsection (b). 

15 (b) EQUIPMENT COVERED.—Equipment described in 

16 this subsection is equipment that is—

17 (1) appropriate, where possible, for use in the 

18 intended geographic area; 

19 (2) necessary to collect, analyze, and identify 

20 expeditiously a broad array of pathogens, including 

21 mutant strains, which may cause disease outbreaks 

22 or may be used as a biological weapon; 

23 (3) compatible with general standards set forth, 

24 as appropriate, by the World Health Organization 

25 and the Centers for Disease Control and Prevention, 
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1 to ensure interoperability with regional and inter2 national public health networks; and

3 (4) necessary to secure and monitor pathogen 

4 collections containing select agents; and

5 (4) (5) not defense articles or defense services 

6 as those terms are defined under section 47 of the 

7 Arms Export Control Act (22 U.S.C. 2794). 

8 (c) RULE OF CONSTRUCTION.—Nothing in this sec9 tion shall be construed to exempt the exporting of goods 

10 and technology from compliance with applicable provisions 

11 of the Export Administration Act of 1979 (50 U.S.C. App. 

12 2401 et seq.) (or successor statutes). 

13 (d) LIMITATION.—Amounts appropriated to carry 

14 out this section shall not be made available for the pur15 chase from a foreign country of equipment that, if made 

16 in the United States, would be subject to the Arms Export 

17 Control Act (22 U.S.C. 2751 et seq.) or likely be barred 

18 or subject to special conditions under the Export Adminis19 tration Act of 1979 (50 U.S.C. App. 2401 et seq.) (or 

20 successor statutes). 

21 (e) HOST COUNTRY’S COMMITMENTS.—The assist22 ance provided under this section shall be contingent upon 

23 the host country’s commitment to provide the resources, 

24 infrastructure, and other assets required to house, main-
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1 tain, support, secure, monitor, and maximize use of this 

2 equipment and appropriate technical personnel. 

3 SEC. 2409. ASSISTANCE FOR IMPROVED COMMUNICATION 

4 OF PUBLIC HEALTH INFORMATION. 

5 (a) ASSISTANCE FOR PURCHASE OF COMMUNICATION

6 EQUIPMENT AND INFORMATION TECHNOLOGY.—The 

7 President is authorized to provide, on such terms and con8 ditions as the President may determine, assistance to eligi9 ble developing countries for the purchase and maintenance 

10 of communications equipment and information technology 

11 described in subsection (b), and supporting equipment, 

12 necessary to effectively collect, analyze, and transmit pub13 lic health information.

14 (b) COVERED EQUIPMENT.—Equipment (and infor15 mation technology) described in this subsection is equip16 ment that—

17 (1) is suitable for use under the particular con18 ditions of the area of intended use; 

19 (2) meets appropriate World Health Organiza20 tion standards to ensure interoperability with like 

21 equipment of other countries and international 

22 health organizations; and 

23 (3) is not defense articles or defense services as 

24 those terms are defined under section 47 of the 

25 Arms Export Control Act (22 U.S.C. 2794). 
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1 (c) RULE OF CONSTRUCTION.—Nothing in this sec2 tion shall be construed to exempt the exporting of goods 

3 and technology from compliance with applicable provisions 

4 of the Export Administration Act of 1979 (50 U.S.C. App. 

5 2401 et seq.) (or successor statutes). 

6 (d) LIMITATION.—Amounts appropriated to carry 

7 out this section shall not be made available for the pur8 chase from a foreign country of equipment that, if made 

9 in the United States, would be subject to the Arms Export 

10 Control Act (22 U.S.C. 2751 et seq.) or likely be barred 

11 or subject to special conditions under the Export Adminis12 tration Act of 1979 (50 U.S.C. App. 2401 et seq.) (or 

13 successor statutes). 

14 (e) ASSISTANCE FOR STANDARDIZATION OF REPORT15 ING.—The President is authorized to provide, on such 

16 terms and conditions as the President may determine, 

17 technical assistance and grant assistance to international 

18 health organizations to facilitate standardization in the re19 porting of public health information between and among 

20 developing countries and international health organiza21 tions. 

22 (f) HOST COUNTRY’S COMMITMENTS.—The assist23 ance provided under this section shall be contingent upon 

24 the host country’s commitment to provide the resources, 

25 infrastructure, and other assets required to house, sup-
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1 port, maintain, secure, and maximize use of this equip2 ment and appropriate technical personnel. 

3 SEC. 2410. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL 

4 TO UNITED STATES MISSIONS AND INTER5 NATIONAL ORGANIZATIONS. 

6 (a) IN GENERAL.—Upon the request of a United 

7 States chief of diplomatic mission or an international 

8 health organization, and with the concurrence of the Sec9 retary, the head of a Federal agency may assign to the 

10 respective United States mission or organization any offi11 cer or employee of the agency occupying a public health 

12 position within the agency for the purpose of enhancing 

13 disease and pathogen surveillance efforts in developing 

14 countries. 

15 (b) REIMBURSEMENT.—The costs incurred by a Fed16 eral agency by reason of the detail of personnel under sub17 section (a) may be reimbursed to that agency out of the 

18 applicable appropriations account of the Department if the 

19 Secretary determines that the relevant agency may other20 wise be unable to assign such personnel on a non-reim21 bursable basis. 
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1 SEC. 2411. EXPANSION OF CERTAIN UNITED STATES GOV2 ERNMENT LABORATORIES ABROAD. 

3 (a) IN GENERAL.—Subject to the availability of ap4 propriations, the Centers for Disease Control and Preven5 tion and the Department of Defense shall each—

6 (1) increase the number of personnel assigned 

7 to laboratories of the Centers or the Department, as 

8 appropriate, located in eligible developing countries 

9 that conduct research and other activities with re10 spect to infectious diseases; and 

11 (2) expand the operations of those laboratories, 

12 especially with respect to the implementation of on13 site training of foreign nationals and regional out14 reach efforts involving neighboring countries.

15 (b) COOPERATION AND COORDINATION BETWEEN

16 LABORATORIES.—Subsection (a) shall be carried out in 

17 such a manner as to foster cooperation and avoid duplica18 tion between and among laboratories. 

19 (c) RELATION TO CORE MISSIONS AND SECURITY.—

20 The expansion of the operations of overseas laboratories 

21 of the Centers or the Department under this section shall 

22 not—

23 (1) detract from the established core missions 

24 of the laboratories; or 
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1 (2) compromise the security of those labora2 tories, as well as their research, equipment, exper3 tise, and materials. 

4 SEC. 2412. ASSISTANCE FOR REGIONAL HEALTH NETWORKS 

5 AND EXPANSION OF FOREIGN EPIDEMI6 OLOGY TRAINING PROGRAMS. 

7 (a) AUTHORITY.—The President is authorized, on 

8 such terms and conditions as the President may deter9 mine, to provide assistance for the purposes of—

10 (1) enhancing the surveillance and reporting ca11 pabilities of the World Health Organization and ex12 isting regional health networks; and 

13 (2) developing new regional health networks. 

14 (b) EXPANSION OF FOREIGN EPIDEMIOLOGY TRAIN15 ING PROGRAMS.—The Secretary of Health and Human 

16 Services is authorized to establish new country or regional 

17 Foreign Epidemiology Training Programs in eligible devel18 oping countries. 

19 SEC. 2413. AUTHORIZATION OF APPROPRIATIONS. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—

21 (1) IN GENERAL.—Of the amounts authorized 

22 to be appropriated under this division for Non23 proliferation, Anti-terrorism, Demining, and Related 

24 Programs, there is authorized to be appropriated 
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1 $35,000,000 for the fiscal year 2005 to carry out 

2 this title. 

3 (2) ALLOCATION OF FUNDS.—Of the amounts 

4 made available under paragraph (1)—

5 (A) $25,000,000 for the fiscal year 2005 is 

6 authorized to be available to carry out sections 

7 2406, 2407, 2408, and 2409; 

8 (B) $500,000 for the fiscal year 2005 is 

9 authorized to be available to carry out section 

10 2410; 

11 (C) $2,500,000 for the fiscal year 2005 is 

12 authorized to be available to carry out section 

13 2411; and 

14 (D) $7,000,000 for the fiscal year 2005 is 

15 authorized to be available to carry out section 

16 2412.

17 (b) AVAILABILITY OF FUNDS.—The amount appro18 priated pursuant to subsection (a) is authorized to remain 

19 available until expended. 

20 (c) REPORTING REQUIREMENT.—Not later than 90 

21 days 120 days after the date of enactment of this title, 

22 the Secretary shall submit a report, in conjunction with 

23 the Secretary of Health and Human Services and the Sec24 retary of Defense, containing—
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1 (1) a description of the implementation of pro2 grams under this title; and 

3 (2) an estimate of the level of funding required 

4 to carry out those programs at a sufficient level. 

5 TITLE XXV—REPORTING RE6 QUIREMENTS AND OTHER 

7 MATTERS 

8 Subtitle A—Elimination and Modi9 fication of Certain Reporting 

10 Requirements 

11 SEC. 2501. ANNUAL REPORT ON TERRITORIAL INTEGRITY. 

12 Section 560 of the Foreign Operations, Export Fi13 nancing, and Related Programs Appropriations Act, 1994 

14 (titles I through V of Public Law 103–87; 107 Stat. 966) 

15 is amended by striking subsection (g). 

16 SEC. 2502. ANNUAL REPORTS ON ACTIVITIES IN COLOMBIA. 

17 Section 694 of the Foreign Relations Authorization 

18 Act, Fiscal Year 2003 (Public Law 107–228; 116 Stat. 

19 1415; 22 U.S.C. 2291 note) is amended by adding at the 

20 end the following: 

21 ‘‘(c) REPORT CONSOLIDATION.—The Secretary may 

22 satisfy the annual reporting requirements of this section 

23 by incorporating the required information with the annual 

24 report submitted pursuant to section 489(a) of the For25 eign Assistance Act of 1961 (22 U.S.C. 2291h(a)).’’. 
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1 SEC. 2503. ANNUAL REPORT ON FOREIGN MILITARY TRAIN2 ING. 

3 Subsection (a)(1) of section 656 of the Foreign As4 sistance Act of 1961 (22 U.S.C. 2416) is amended by 

5 striking ‘‘January 31’’ and inserting ‘‘March 1’’. 

6 SEC. 2504. REPORT ON HUMAN RIGHTS IN HAITI. 

7 Section 616(c) of the Departments of Commerce, 

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

9 Appropriations Act, 1999 (section 101(b) of division A of 

10 Public Law 105–277; 112 Stat. 2681–114), is amended—

11 (1) in paragraph (2), by striking ‘‘not later 

12 than 3 months after the date of enactment of this 

13 Act’’ and inserting ‘‘as part of the annual report 

14 submitted under paragraph (4) of this subsection’’; 

15 and 

16 (2) in paragraph (3), by inserting ‘‘, as part of 

17 the annual report submitted under paragraph (4) of 

18 this subsection,’’ after ‘‘the appropriate congres19 sional committees’’. 

20 Subtitle B—Other Matters 

21 SEC. 2511. CERTAIN CLAIMS FOR EXPROPRIATION BY THE 

22 GOVERNMENT OF NICARAGUA. 

23 Section 527 of the Foreign Relations Authorization 

24 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2370a) is 

25 amended by adding at the end the following new sub26 section: 
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1 ‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE

2 GOVERNMENT OF NICARAGUA.—

3 ‘‘(1) MATTERS NOT TO BE CONSIDERED.—Any 

4 action described in subsection (a)(1) that was taken 

5 by the Government of Nicaragua during the period 

6 beginning on January 1, 1956, and ending on Janu7 ary 9, 2002, may not be considered in implementing 

8 the prohibition under subsection (a) unless the ac9 tion has been presented in accordance with the pro10 cedure set forth in paragraph (2). 

11 ‘‘(2) ACTIONS PRESENTED.—An action shall be 

12 deemed presented for purposes of paragraph (1) if, 

13 not later than 120 days after the date prescribed 

14 under paragraph (3), a written description of the ac15 tion is—

16 ‘‘(A) submitted to the Secretary of State 

17 by a United States person; and 

18 ‘‘(B) received by the Department of State 

19 at—

20 ‘‘(i) the headquarters of the Depart21 ment of State in Washington, District of 

22 Columbia; or 

23 ‘‘(ii) the Embassy of the United 

24 States of America to Nicaragua. 
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1 ‘‘(3) TIME FOR PRESENTATION.—The Secretary 

2 of State shall prescribe the date on which the pres3 entation deadline is based for the purposes of para4 graph (2) and shall publish a notice of such date in 

5 the Federal Register. The prescribed date may be 

6 any date selected by the Secretary in the Secretary’s 

7 sole discretion, except that such date may not be the 

8 date on which this subsection takes effect or any 

9 date before such effective date.’’. 

10 SEC. 2512. AMENDMENTS TO THE ARMS CONTROL AND DIS11 ARMAMENT ACT. 

12 (a) VERIFICATION OF COMPLIANCE.—Section 306(a) 

13 of the Arms Control and Disarmament Act (22 U.S.C. 

14 2577(a)) is amended by inserting ‘‘or other formal com15 mitment’’ after ‘‘agreement’’ each place it appears in 

16 paragraphs (1) and (2). 

17 (b) ANNUAL REPORTS TO CONGRESS.—

18 (1) REQUIREMENT FOR REPORTS.—Section 403 

19 of the Arms Control and Disarmament Act (22 

20 U.S.C. 2593a) is amended to read as follows: 

21 ‘‘SEC. 403. (a) REPORT ON OBJECTIVES AND NEGO22 TIATIONS.—Not later than April 15 of each year, the 

23 President shall submit to the Speaker of the House of 

24 Representatives and to the Chairman of the Committee 

25 on Foreign Relations of the Senate a report prepared by 
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1 the Secretary of State in consultation with the Secretary 

2 of Defense, the Secretary of Energy, the Director of Cen3 tral Intelligence, and the Chairman of the Joint Chiefs 

4 of Staff on the status of United States policy and actions 

5 with respect to arms control, nonproliferation, and disar6 mament. Such report shall include—

7 ‘‘(1) a detailed statement concerning the arms 

8 control, nonproliferation, and disarmament objec9 tives of the executive branch of Government for the 

10 forthcoming year; and 

11 ‘‘(2) a detailed assessment of the status of any 

12 ongoing arms control, nonproliferation, or disar13 mament negotiations, including a comprehensive de14 scription of negotiations or other activities during 

15 the preceding year and an appraisal of the status 

16 and prospects for the forthcoming year.

17 ‘‘(b) REPORT ON COMPLIANCE.—Not later than April 

18 15 of each year, the President shall submit to the Speaker 

19 of the House of Representatives and to the Chairman of 

20 the Committee on Foreign Relations of the Senate a re21 port prepared by the Secretary of State with the concur22 rence of the Director of Central Intelligence and in con23 sultation with the Secretary of Defense, the Secretary of 

24 Energy, and the Chairman of the Joint Chiefs of Staff 

25 on the status of United States policy and actions with re-
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1 spect to arms control, nonproliferation, and disarmament 

2 compliance. Such report shall include—

3 ‘‘(1) a detailed assessment of adherence of the 

4 United States to obligations undertaken in arms 

5 control, nonproliferation, and disarmament agree6 ments, including information on the policies and or7 ganization of each relevant agency or department of 

8 the United States to ensure adherence to such obli9 gations, a description of national security programs 

10 with a direct bearing on questions of adherence to 

11 such obligations and of steps being taken to ensure 

12 adherence, and a compilation of any substantive 

13 questions raised during the preceding year and any 

14 corrective action taken; 

15 ‘‘(2) a detailed assessment of the adherence of 

16 other nations to obligations undertaken in all arms 

17 control, nonproliferation, and disarmament agree18 ments or commitments, including the Missile Tech19 nology Control Regime, to which the United States 

20 is a participating state, including information on ac21 tions taken by each nation with regard to the size, 

22 structure, and disposition of its military forces in 

23 order to comply with arms control, nonproliferation, 

24 or disarmament agreements or commitments, and 
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1 shall include, in the case of each agreement or com2 mitment about which compliance questions exist—

3 ‘‘(A) a description of each significant issue 

4 raised and efforts made and contemplated with 

5 the other participating state to seek resolution 

6 of the difficulty; 

7 ‘‘(B) an assessment of damage, if any, to 

8 the United States security and other interests; 

9 ‘‘(C) recommendations as to any steps that 

10 should be considered to redress any damage to 

11 United States national security and to reduce 

12 compliance problems; and 

13 ‘‘(D) for states that are not parties to such 

14 agreements or commitments, a description of 

15 activities of concern carried out by such states 

16 and efforts underway to bring such states into 

17 adherence with such agreements or commit18 ments; 

19 ‘‘(3) a discussion of any material noncompliance 

20 by foreign governments with their binding commit21 ments to the United States with respect to the pre22 vention of the spread of nuclear explosive devices (as 

23 defined in section 830(4) of the Nuclear Prolifera24 tion Prevention Act of 1994 (22 U.S.C. 6305(4)) by 

25 non-nuclear-weapon states (as defined in section 
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1 830(5) of that Act (22 U.S.C. 6305(5)) or the ac2 quisition by such states of unsafeguarded special nu3 clear material (as defined in section 830(8) of that 

4 Act (22 U.S.C. 6305(8)), including—

5 ‘‘(A) a net assessment of the aggregate 

6 military significance of all such violations; 

7 ‘‘(B) a statement of the compliance policy 

8 of the United States with respect to violations 

9 of those commitments; and 

10 ‘‘(C) what actions, if any, the President 

11 has taken or proposes to take to bring any na12 tion committing such a violation into compli13 ance with those commitments; and 

14 ‘‘(4) a specific identification, to the maximum 

15 extent practicable in unclassified form, of each and 

16 every question that exists with respect to compliance 

17 by other countries with arms control, nonprolifera18 tion, and disarmament agreements and other formal 

19 commitments with the United States. 

20 ‘‘(c) CHEMICAL WEAPONS CONVENTION COMPLI21 ANCE REPORT REQUIREMENT SATISFIED.—The report 

22 submitted pursuant to subsection (b) shall include the in23 formation necessary to satisfy condition 10(C) of the reso24 lution of advice and consent to the Convention on the Pro25 hibition of Development, Production, Stockpiling and Use 
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1 of Chemical Weapons and on Their Destruction, with an2 nexes, done at Paris, January 13, 1993, and entered into 

3 force April 29, 1997 (T. Doc. 103–21), approved by the 

4 Senate on April 24, 1997. 

5 ‘‘(d) CLASSIFICATION OF REPORT.—The reports re6 quired by this section shall be submitted in unclassified 

7 form, with classified annexes, as appropriate. The report 

8 portions described in paragraphs (2) and (3) of subsection 

9 (b) shall summarize in detail, at least in classified an10 nexes, the information, analysis, and conclusions relevant 

11 to possible noncompliance by other nations that are pro12 vided by United States intelligence agencies. 

13 ‘‘(e) REPORTING CONSECUTIVE NONCOMPLIANCE.—

14 If the President in consecutive reports submitted to the 

15 Congress under subsection (b) reports that any nation is 

16 not in full compliance with its binding nonproliferation 

17 commitments to the United States, then the President 

18 shall include in the second such report an assessment of 

19 what actions are necessary to compensate for such viola20 tions. 

21 ‘‘(f) ADDITIONAL REQUIREMENT.—Each report re22 quired by subsection (b) shall include a discussion of each 

23 significant issue described in subsection (b)(4) that was 

24 contained in a previous report issued under this section 

25 during 1995, or after December 31, 1995, until the ques-
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1 tion or concern has been resolved and such resolution has 

2 been reported in detail to the Committee on Foreign Rela3 tions and the Select Committee on Intelligence of the Sen4 ate and the Committee on International Relations and the 

5 Permanent Select Committee on Intelligence of the House 

6 of Representatives.’’. 

7 (2) CONFORMING AMENDMENT.—The heading 

8 of such section is amended to read as follows: 

9 ‘‘ANNUAL REPORTS TO CONGRESS’’.

10 SEC. 2513. SUPPORT FOR SIERRA LEONE. 

11 (a) FINDINGS.—Congress makes the following find12 ings: 

13 (1) As of January 1, 2004, the United States 

14 had provided a total of $634,000,000 to the United 

15 Nations Mission in Sierra Leone and to Operation 

16 Focus Relief for the purpose of bringing peace and 

17 stability to Sierra Leone. 

18 (2) In fiscal year 2004, Congress appropriated 

19 $68,733,000 to support the United Nations Mission 

20 in Sierra Leone, and the President has requested 

21 $33,011,000 for fiscal year 2005 to support such 

22 Mission. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the considerable United States investment in 

25 stability in Sierra Leone should be secured through appro-
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1 priate support for activities aimed at enhancing Sierra 

2 Leone’s long-term prospect for peaceful development. 

3 (c) AVAILABILITY OF FUNDS.—Of the amounts made 

4 available under chapter 1 of part I of the Foreign Assist5 ance Act of 1961 (22 U.S.C. 2151 et seq.) or chapter 4 

6 of part II of such Act (22 U.S.C. 2346 et seq.), up to 

7 $12,000,000 may be made available in fiscal year 2005 

8 to support programs for Sierra Leone— 

9 (1) to increase access to primary and secondary 

10 education in rural areas; 

11 (2) designed to alleviate poverty; and 

12 (3) to eliminate government corruption.

13 SEC. 2514. 2513. SUPPORT FOR INDEPENDENT MEDIA IN 

14 ETHIOPIA. 

15 Of the amounts made available under chapter 1 of 

16 part I of the Foreign Assistance Act of 1961 (22 U.S.C. 

17 2151 et seq.), such sums as are necessary may be made 

18 available in fiscal year 2005 to support independent media 

19 in Ethiopia, including providing support to— 

20 (1) strengthen the capacity of journalists; and 

21 (2) increase access to printing facilities by indi22 viduals who work in the print media.

23 SEC. 2515. SUPPORT FOR SOMALIA. 

24 (a) SENSE OF CONGRESS.—It is the sense of Con25 gress that—
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1 (1) the United States should work— 

2 (A) to support efforts to strengthen state 

3 capacity in Somalia; 

4 (B) to curtail opportunities for terrorists 

5 and other international criminals in Somalia; 

6 (C) to engage sectors of Somali society 

7 that are working to improve the conditions of 

8 the Somali people; and 

9 (D) to provide alternatives to extremist in10 fluences in Somalia by vigorously pursuing 

11 small-scale human development initiatives; and 

12 (2) supporting stability in Somalia is in the na13 tional interest of the United States. 

14 (b) REPORT.—

15 (1) REQUIREMENT.—Not later than 6 months 

16 after the date of enactment of this Act, the Sec17 retary shall report to the Committee on Foreign Re18 lations of the Senate and the Committee on Inter19 national Relations of the House of Representatives 

20 on the strategy for engaging with pockets of com21 petence within the borders of Somalia to both 

22 strengthen local capacity and to establish incentives 

23 for other communities to seek stability. 

24 (2) CONTENT.—The report shall—
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1 (A) outline a multi-year strategy for in2 creasing—

3 (i) access to primary and secondary 

4 education and basic health care services, 

5 including projected staffing and resource 

6 needs in light of Somalia’s current capac7 ity; 

8 (ii) support for the efforts underway 

9 to establish clear systems for effective reg10 ulation and monitoring of Somali remit11 tance companies; and 

12 (iii) support initiatives to rehabilitate 

13 Somalia’s livestock export sector; and 

14 (B) evaluate the feasibility of using the 

15 Ambassador’s Fund for Cultural Preservation 

16 to support Somalia’s cultural heritage, includ17 ing the oral traditions of the Somali people.

18 SEC. 2516. 2514. SUPPORT FOR CENTRAL AFRICAN STATES. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) In recent years, the Central African States 

22 of Burundi, the Democratic Republic of the Congo, 

23 Rwanda, and Uganda have all been involved in over24 lapping conflicts that have destabilized the region 

25 and contributed to the deaths of millions of civilians. 
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1 (2) The Department’s 2002 Country Report on 

2 Human Rights Practices in Burundi states that, 

3 ‘‘impunity for those who committed serious human 

4 rights violations, and the continuing lack of account5 ability for those who committed past abuses, re6 mained key factors in the country’s continuing insta7 bility.’’

8 (3) The Department’s 2002 Country Report on 

9 Human Rights Practices in the Democratic Republic 

10 of the Congo states that, ‘‘the judiciary continued to 

11 be underfunded, inefficient, and corrupt. It largely 

12 was ineffective as a deterrent to human rights 

13 abuses or as a corrective force.’’

14 (4) The Department’s 2002 Country Report on 

15 Human Rights Practices in Rwanda states that 

16 ‘‘there were credible reports that Rwandan Defense 

17 Force units operating in the [Democratic Republic 

18 of the Congo] committed deliberate unlawful killings 

19 and other serious abuses, and impunity remained a 

20 problem,’’ and that ‘‘the Government continued to 

21 conduct genocide trials at a slow pace.’’

22 (5) The Department’s 2002 Country Report on 

23 Human Rights Practices in Uganda states that ‘‘se24 curity forces used excessive force, at times resulting 

25 in death, and committed or failed to prevent 
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1 extrajudicial killings of suspected rebels and civil2 ians. The Government enacted measures to improve 

3 the discipline and training of security forces and 

4 punished some security force officials who were 

5 guilty of abuses; however, abuses by the security 

6 forces remained a problem.’’

7 (6) Ongoing human rights abuses in the Demo8 cratic Republic of the Congo, including ethnically9 based conflict, threaten the integrity and viability of 

10 the Congolese peace process. 

11 (b) STATEMENT OF POLICY.—It is the policy of the 

12 United States Government to support—

13 (1) efforts aimed at accounting for the grave 

14 human rights abuses and crimes against humanity 

15 that have taken place throughout the central African 

16 region since 1993; 

17 (2) programs to encourage reconciliation in 

18 communities affected by such crimes; and 

19 (3) efforts aimed at preventing such crimes in 

20 the future. 

21 (c) REPORT.—Not later than 180 days after the date 

22 of enactment of this Act, the Secretary shall submit to 

23 the appropriate congressional committees a report on the 

24 actions taken by the United States Government to imple25 ment the policy set out in subsection (b). 
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1 (d) AUTHORIZATION.—Of the amounts made avail2 able under chapter 4 of part II of the Foreign Assistance 

3 Act of 1961 (22 U.S.C. 2346 et seq.), up to $12,000,000 

4 may be made available for fiscal year 2005 to support the 

5 development of responsible justice and reconciliation 

6 mechanisms in the Democratic Republic of the Congo, 

7 Rwanda, Burundi, and Uganda, including programs to in8 crease awareness of gender-based violence and to improve 

9 local capacity to prevent and respond to such violence.

10 SEC. 2515. SUPPORT FOR HAITI. 

11 Of the amounts appropriated for fiscal year 2005 pur12 suant to the authorizations of appropriations in sections 

13 2101(a), 2102, 2107, and 2126(a) and pursuant to the 

14 amendments made by sections 2108, 2121(a), 2122(a), 

15 2123, and 2124, not less than $150,000,000 should be made 

16 available to provide assistance to Haiti.

17 SEC. 2517. 2516. AFRICAN CONTINGENCY OPERATIONS 

18 TRAINING AND ASSISTANCE PROGRAM. 

19 (a) AVAILABILITY OF FUNDS.—Of the amounts made 

20 available under chapter 6 of part II of the Foreign Assist21 ance Act of 1961 (22 U.S.C 2348 et seq.), $15,000,000 

22 may be made available in fiscal year 2005 to support the 

23 African Contingency Operations Training and Assistance 

24 program Program (in this section referred to as 
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1 ‘‘ACOTA’’) to enhance the capacity of African militaries 

2 to participate in peace support operations. 

3 (b) ELIGIBILITY FOR PARTICIPATION.—

4 (1) CRITERIA.—Countries receiving ACOTA 

5 support shall be selected on the basis of—

6 (A) the country’s willingness to participate 

7 in peace support operations; 

8 (B) the country’s military capability; 

9 (C) the country’s democratic governance; 

10 (D) the nature of the relations between the 

11 civil and military authorities within the country; 

12 (E) the human rights record of the coun13 try, with particular attention paid to the record 

14 of the military; and 

15 (F) the relations between the country and 

16 its neighboring states. 

17 (2) ELIGIBILITY REVIEW.—The eligibility sta18 tus of participating countries shall be reviewed at 

19 least annually. 

20 (c) SENSE OF CONGRESS ON LOCAL CONSULTA21 TIONS.—It is the sense of Congress that the Department 

22 should—

23 (1) provide information about the nature and 

24 purpose of ACOTA training to nationals of a coun25 try participating in ACOTA, including parliamentar-
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1 ians and nongovernmental humanitarian and human 

2 rights organizations; and

3 (2) to the extent possible, provide such informa4 tion prior to the beginning of ACOTA training ac5 tivities in such country. 

6 (d) SENSE OF CONGRESS ON MONITORING.—It is the 

7 sense of Congress that—

8 (1) the Department and other relevant depart9 ments and agencies should monitor the performance 

10 and conduct of military units that receive ACOTA 

11 training or support; and 

12 (2) the Department should provide to the ap13 propriate congressional committees an annual report 

14 on the information gained through such monitoring. 

15 SEC. 2518. 2517. CONDITION ON THE PROVISION OF CER16 TAIN FUNDS TO INDONESIA. 

17 (a) CONDITION ON ASSISTANCE.—Subject to sub18 section (c), no funds made available under section 23 of 

19 the Arms Export Control Act (22 U.S.C. 2763) or chapter 

20 5 of part II of the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2347 et seq.) in fiscal year 2005, other than funds 

22 made available for expanded military education and train23 ing under such chapter, may be available for a program 

24 that involves the Government of Indonesia or the Indo-
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1 nesian Armed Forces until the President makes the certifi2 cation described in subsection (b). 

3 (b) CERTIFICATION.—The certification referred to in 

4 subsection (a) is a certification submitted by the President 

5 to the appropriate congressional committees that the Gov6 ernment of Indonesia and the Indonesian Armed Forces 

7 are taking effective measures, including cooperating with 

8 the Director of the Federal Bureau of Investigation—

9 (1) to conduct a full investigation of the attack 

10 on United States citizens in West Papua, Indonesia 

11 on August 31, 2002; and 

12 (2) to criminally prosecute the individuals re13 sponsible for such attack. 

14 (c) LIMITATION.—Nothing in this section shall pro15 hibit the United States Government from continuing to 

16 conduct programs or training with the Indonesian Armed 

17 Forces, including counter-terrorism training, officer visits, 

18 port visits, or educational exchanges that are being con19 ducted on the date of the enactment of this Act.

20 SEC. 2519. 2518. ASSISTANCE TO COMBAT HIV/AIDS IN CER21 TAIN COUNTRIES OF THE CARIBBEAN RE22 GION. 

23 Section 1(f)(2)(B)(ii)(VII) of the State Department 

24 Basic Authorities Act of 1956 (22 U.S.C. 

25 2651a(f)(2)(B)(ii)(VII)) is amended by inserting after 
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1 ‘‘Zambia,’’ the following: ‘‘Antigua and Barbuda, the Ba2 hamas, Barbados, Belize, Dominica, Grenada, Jamaica, 

3 Montserrat, Saint Kitts and Nevis, Saint Vincent and the 

4 Grenadines, Saint Lucia, Suriname, Trinidad and Tobago, 

5 Dominican Republic,’’.

6 SEC. 2519. ASSISTANCE TO COMBAT HIV/AIDS IN INDIA. 

7 Section 1(f)(2)(B)(ii)(VII) of the State Department 

8 Basic Authorities Act of 1956 (22 U.S.C. 

9 2651a(f)(2)(B)(ii)(VII)), as amended by section 2518, is 

10 further amended by inserting ‘‘India,’’ after ‘‘Haiti,’’. 

11 SEC. 2520. SENSE OF CONGRESS ON IRAQ DEBT. 

12 (a) FINDINGS.—Congress makes the following findings: 

13 (1) Iraq has an estimated $120,000,000,000 in 

14 foreign debt and billions of dollars in pending repara15 tion claims through the United Nations Compensation 

16 Commission. 

17 (2) In October 2003, The International Donors’ 

18 Conference for the Reconstruction of Iraq provided be19 tween $14,000,000,000 and $17,900,000,000 in finan20 cial assistance for Iraq, primarily in the form of 

21 loans. In November 2003, Congress appropriated 

22 $18,600,000,000 in grants for the economic recon23 struction of Iraq. 

24 (3) President George W. Bush said on December 

25 5, 2003, that ‘‘[t]he future of the Iraqi people should 
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1 not be mortgaged to the enormous burden of debt in2 curred to enrich Saddam Hussein’s regime. This debt 

3 endangers Iraq’s long-term prospects for political 

4 health and economic prosperity. The issue of Iraq debt 

5 must be resolved in a manner that is fair and that 

6 does not unjustly burden a struggling nation at its 

7 moment of hope and promise.’’. 

8 (4) The current moratorium on Iraq’s debt re9 payment obligations will end on December 31, 2004. 

10 (5) According to the January 2004 Congres11 sional Budget Office paper ‘‘Paying for Iraq’s Recon12 struction’’, ‘‘Iraqi officials do not anticipate paying 

13 high levels of war reparations or interest on foreign 

14 debt. Thus if Iraq fails to achieve substantial relief 

15 from its international obligations, it may have trou16 ble funding any rebuilding efforts.’’. 

17 (6) The successful economic reconstruction of 

18 Iraq will require the support and cooperation of the 

19 international community, including the United Na20 tions, the World Bank, the International Monetary 

21 Fund, and the Paris Club, for economic assistance 

22 and substantial debt relief before December 31, 2004. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress— 
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1 (1) that it is in the best interests of the United 

2 States to work with Iraq and Iraq’s creditors to re3 negotiate a substantially reduced debt and repara4 tions burden for Iraq; 

5 (2) to commend the President for seeking the 

6 support of the international community to build a 

7 stable and secure Iraq, including diplomatic efforts to 

8 provide substantial debt relief for Iraq, and for the 

9 appointment by the President of James Baker III as 

10 his personal envoy for negotiations regarding Iraq 

11 debt; and 

12 (3) to encourage and support the efforts of the 

13 President to call upon our allies and Iraq’s creditors 

14 in the Middle East to provide economic assistance 

15 and debt and reparations relief as a sign of support 

16 for this new era in Iraq’s history. 

17 SEC. 2521. SENSE OF CONGRESS ON RIGHTS OF WOMEN IN 

18 IRAQ. 

19 (a) FINDINGS.—Congress makes the following findings: 

20 (1) The Iraqi Governing Council has adopted 

21 resolutions which, although not approved by the Coa22 lition Provisional Authority, if enacted, could threat23 en the rights of women in Iraq and deny women in 

24 Iraq the custody of their children, inheritance rights, 

25 voting rights, and the right to divorce. 
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1 (2) While Ambassador Paul Bremer, the Admin2 istrator of the Coalition Provisional Authority, has 

3 stated that he will ‘‘oppose any measure that reduces 

4 legal protections for women and children,’’ his author5 ity to veto measures adopted by the Iraqi Governing 

6 Council is scheduled to expire with the transfer of sov7 ereignty to Iraq on June 30, 2004. 

8 (b) SENSE OF CONGRESS.—It is the sense of Congress 

9 that the rights of women in Iraq, including their full par10 ticipation in government and society, should be protected 

11 following the transfer of sovereignty to Iraq in June 2004. 

12 SEC. 2522. SENSE OF CONGRESS ON NATIONAL ELECTIONS 

13 IN AFGHANISTAN. 

14 (a) FINDINGS.—Congress makes the following findings: 

15 (1) Under the Bonn Agreement, Afghanistan is 

16 scheduled to have elections for President and Par17 liament by June 2004. 

18 (2) As of February 26, 2004, the United Nations 

19 Assistance Mission to Afghanistan (UNAMA) reported 

20 that nearly 1,200,000 Afghans had registered to vote, 

21 out of the estimated 10,500,000 Afghans who are eligi22 ble to register, and that of those registered to vote, 

23 only 26 percent are women. 

24 (b) SENSE OF CONGRESS.—It is the sense of Congress 

25 that—
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1 (1) in order for successful elections that are both 

2 fair and free to take place in Afghanistan, adequate 

3 security must be present throughout that country; and 

4 (2) the United Nations Assistance Mission to Af5 ghanistan should continue to increase its efforts to 

6 register Afghan women to vote in order to ensure their 

7 full and active participation in elections in Afghani8 stan.

9 SEC. 2520. 2523. REPEAL OF OBSOLETE ASSISTANCE AU10 THORITY. 

11 Sections 495 through 495K of the Foreign Assistance 

12 Act of 1961 (22 U.S.C. 2292f through 2292q) are re13 pealed.

14 SEC. 2521. 2524. TECHNICAL CORRECTIONS. 

15 (a) ERROR IN ENROLLMENT.—Effective as of No16 vember 21, 1990, as if included therein, section 10(a)(1) 

17 of Public Law 101–623 (104 Stat. 3356), relating to an 

18 amendment of section 610(a) of the Foreign Assistance 

19 Act of 1961 (22 U.S.C. 2360(a)), is amended by striking 

20 ‘‘ ‘part I’ ’’ and inserting ‘‘ ‘part I)’ ’’. 

21 (b) REDESIGNATION OF DUPLICATIVELY NUMBERED

22 SECTION.—Section 620G of the Foreign Assistance Act 

23 of 1961, as added by section 149 of Public Law 104–164 

24 (110 Stat. 1436; 22 U.S.C. 2378a), is redesignated as sec25 tion 620J. 
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1 (c) CORRECTION OF SHORT TITLE.—Effective as of 

2 September 30, 1961, as if included therein, section 111 

3 of Public Law 87–329 (75 Stat. 719; 22 U.S.C. 2151 

4 note) is amended by striking ‘‘ ‘The Foreign’’ and insert5 ing ‘‘the ‘Foreign’’. 

Calendar No. 461

108TH CONGRESS 

2D SESSION S. 2144

[Report No. 108–248] 

A BILL

To authorize appropriations for the Department of 

purposes. ance programs for fiscal year 2005, and for other cal years 2005 through 2007, for foreign assistfor fiscal year 2005, for the Peace Corps for fisState and international broadcasting activities 

MARCH 18, 2004

Reported under authority of the order of the Senate of 

March 12, 2004, with amendments