II 

108TH CONGRESS 

2D SESSION S. 2144

To authorize appropriations for the Department of State and international 

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

fiscal years 2005 through 2007, for foreign assistance programs for 

fiscal year 2005, and for other purposes. 

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 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Affairs Au5 thorization Act, Fiscal Year 2005’’. 
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1 SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF 

2 CONTENTS. 

3 (a) DIVISIONS.—This Act is organized into two divi4 sions as follows: 

5 (1) Division A—Foreign Relations Authoriza6 tions. 

7 (2) Division B—Foreign Assistance Authoriza8 tions. 

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

10 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. 

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. 

Subtitle B—Educational, Cultural, and Public Diplomacy Authorities 
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Sec. 211. Authority to promote biotechnology. 

Sec. 212. The United States Diplomacy Center. 

Sec. 213. Latin America Civilian Government Security Program. 

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. 

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. 

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. 
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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. 

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. 

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.
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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. 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. 

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. 

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. 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. 
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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. 

Sec. 2223. Congo Basin Forest Partnership. 

Sec. 2224. Landmine clearance programs. 

Sec. 2225. Middle East Foundation. 

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. 

Sec. 2239. Marketing information for commercial communications satellites. 

Sec. 2240. Transfer of certain naval vessels. 

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. 
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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. Support for independent media in Ethiopia. 

Sec. 2515. Support for Somalia. 

Sec. 2516. Support for Central African States. 

Sec. 2517. African contingency operations training and assistance program. 

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

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

Sec. 2520. Repeal of obsolete assistance authority. 

Sec. 2521. 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.
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1 DIVISION A—FOREIGN 

2 RELATIONS AUTHORIZATIONS 

3 SEC. 100. SHORT TITLE. 

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

5 Authorization Act, Fiscal Year 2005’’.

6 TITLE I—AUTHORIZATIONS OF 

7 APPROPRIATIONS 

8 Subtitle A—Department of State 

9 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

10 The following amounts are authorized to be appro11 priated for the Department under ‘‘Administration of For12 eign Affairs’’ to carry out the authorities, functions, du13 ties, and responsibilities in the conduct of foreign affairs 

14 of the United States, and for other purposes authorized 

15 by law: 

16 (1) DIPLOMATIC AND CONSULAR PROGRAMS.—

17 (A) AUTHORIZATION OF APPROPRIA18 TIONS.—For ‘‘Diplomatic and Consular Pro19 grams’’, $4,293,004,000 for the fiscal year 

20 2005. 

21 (B) WORLDWIDE SECURITY UPGRADES.—

22 Of the amounts authorized to be appropriated 

23 by subparagraph (A), $658,701,000 for the fis24 cal year 2005 is authorized to made available 

25 for worldwide security upgrades.
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1 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap2 ital Investment Fund’’, $155,100,000 for the fiscal 

3 year 2005. 

4 (3) EMBASSY SECURITY, CONSTRUCTION AND

5 MAINTENANCE.—For ‘‘Embassy Security, Construc6 tion and Maintenance’’, $1,569,000,000 for the fis7 cal year 2005. 

8 (4) REPRESENTATION ALLOWANCES.—For 

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

10 fiscal year 2005. 

11 (5) PROTECTION OF FOREIGN MISSIONS AND

12 OFFICIALS.—For ‘‘Protection of Foreign Missions 

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

14 (6) EMERGENCIES IN THE DIPLOMATIC AND

15 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip16 lomatic and Consular Service’’, $7,000,000 for the 

17 fiscal year 2005. 

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

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

20 (8) PAYMENT TO THE AMERICAN INSTITUTE IN

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

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

23 (9) OFFICE OF THE INSPECTOR GENERAL.—

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

25 for the fiscal year 2005. 
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1 SEC. 102. UNITED STATES EDUCATIONAL, CULTURAL, AND 

2 PUBLIC DIPLOMACY PROGRAMS. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—

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

5 authorized to be appropriated for the Department to 

6 carry out public diplomacy programs of the Depart7 ment under the United States Information and Edu8 cational Exchange Act of 1948, the Mutual Edu9 cational and Cultural Exchange Act of 1961, Reor10 ganization Plan Number 2 of 1977, the Foreign Af11 fairs Reform and Restructuring Act of 1998, the 

12 Center for Cultural and Technical Interchange Be13 tween East and West Act of 1960, the Dante B. 

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

15 National Endowment for Democracy Act, and to 

16 carry out other authorities in law consistent with the 

17 purposes of such Acts: 

18 (A) EDUCATIONAL AND CULTURAL EX19 CHANGE PROGRAMS.—For ‘‘Educational and 

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

21 for the fiscal year 2005. 

22 (B) NATIONAL ENDOWMENT FOR DEMOC23 RACY.—For the ‘‘National Endowment for De24 mocracy’’, $80,000,000 for the fiscal year 2005. 

25 (C) CENTER FOR CULTURAL AND TECH26 NICAL INTERCHANGE BETWEEN EAST AND
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1 WEST.—For the ‘‘Center for Cultural and Tech2 nical Interchange Between East and West’’, 

3 $13,709,000 for the fiscal year 2005. 

4 (D) DANTE B. FASCELL NORTH-SOUTH

5 CENTER.—For the ‘‘Dante B. Fascell North6 South Center’’, $2,000,000 for the fiscal year 

7 2005. 

8 (2) SPECIFIC EDUCATIONAL AND CULTURAL

9 EXCHANGE PROGRAMS.—

10 (A) FULBRIGHT ACADEMIC EXCHANGE

11 PROGRAMS.—Of the amount authorized to be 

12 appropriated by paragraph (1)(A), 

13 $150,000,000 for the fiscal year 2005 is au14 thorized to be made available for the ‘‘Fulbright 

15 Academic Exchange Programs’’. 

16 (B) VIETNAM EDUCATION FOUNDATION.—

17 Of the amount made available by subparagraph 

18 (A), $5,000,000 for the fiscal year 2005 is au19 thorized to be made available to the Vietnam 

20 Education Foundation established in section 

21 204 of the Vietnam Education Foundation Act 

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

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

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

25 follows: 
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1 ‘‘SEC. 404. There are authorized to be appropriated 

2 to the Secretary of State $8,880,000 for the fiscal year 

3 2005 for grants to The Asia Foundation pursuant to this 

4 title.’’. 

5 SEC. 103. INTERNATIONAL ORGANIZATIONS AND CON6 FERENCES. 

7 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

8 ORGANIZATIONS.—There is authorized to be appropriated 

9 for ‘‘Contributions to International Organizations’’, 

10 $1,194,210,000 for the fiscal year 2005 for the Depart11 ment to carry out the authorities, functions, duties, and 

12 responsibilities in the conduct of the foreign affairs of the 

13 United States with respect to international organizations 

14 and to carry out other authorities in law consistent with 

15 such purposes. 

16 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE17 KEEPING ACTIVITIES.—

18 (1) AUTHORIZATION OF APPROPRIATION.—

19 There is authorized to be appropriated for ‘‘Con20 tributions for International Peacekeeping Activities’’, 

21 $650,000,000 for the fiscal year 2005 for the De22 partment to carry out the authorities, functions, du23 ties, and responsibilities of the United States with 

24 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.—Notwithstanding paragraph (2) of section 533(a) 

23 of the North American Free Trade Agreement Implemen24 tation Act (19 U.S.C. 3473(a)(2)), there are authorized 

25 to be appropriated to the President not more than 
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1 $2,048,000 for the United States contributions to the 

2 budget of the Border Environment Cooperation Commis3 sion for the fiscal year 2005. 

4 SEC. 105. MIGRATION AND REFUGEE ASSISTANCE. 

5 (a) IN GENERAL.—There is authorized to be appro6 priated for ‘‘Migration and Refugee Assistance’’ for au7 thorized activities, $729,789,000 for the fiscal year 2005. 

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

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

10 $50,000,000 is authorized to be available for the fiscal 

11 year 2005 for the resettlement of refugees in Israel. 

12 Subtitle B—United States Inter13 national Broadcasting Activities 

14 SEC. 111. AUTHORIZATIONS OF APPROPRIATIONS. 

15 The following amounts are authorized to be appro16 priated to carry out United States Government broad17 casting activities under the United States Information and 

18 Educational Exchange Act of 1948, the United States 

19 International Broadcasting Act of 1994, the Radio Broad20 casting to Cuba Act, the Television Broadcasting to Cuba 

21 Act, and the Foreign Affairs Reform and Restructuring 

22 Act of 1998, and to carry out other authorities in law con23 sistent with the purposes of such Acts: 
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1 (1) INTERNATIONAL BROADCASTING OPER2 ATIONS.—For ‘‘International Broadcasting Oper3 ations’’, $575,740,000 for the fiscal year 2005. 

4 (2) BROADCASTING CAPITAL IMPROVEMENTS.—

5 For ‘‘Broadcasting Capital Improvements’’, 

6 $8,560,000 for the fiscal year 2005.

7 TITLE II—DEPARTMENT OF 

8 STATE AUTHORITIES AND AC9 TIVITIES 

10 Subtitle A—Basic Authorities and 

11 Activities 

12 SEC. 201. INTERFERENCE WITH PROTECTIVE FUNCTIONS. 

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

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

15 ‘‘§ 117. Interference with certain protective functions 

16 ‘‘Whoever knowingly and willfully obstructs, resists, 

17 or interferes with a Federal law enforcement agent en18 gaged, within the United States or the special maritime 

19 territorial jurisdiction of the United States, in the per20 formance of the protective functions authorized by section 

21 37 of the State Department Basic Authorities Act of 1956 

22 (22 U.S.C. 2709) or section 103 of the Diplomatic Secu23 rity Act (22 U.S.C. 4802) shall be fined under this title 

24 or imprisoned not more than one year, or both.’’. 
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1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by adding 

3 at the end the following new item:

‘‘117. Interference with certain protective functions.’’.

4 SEC. 202. AUTHORITY TO ISSUE ADMINISTRATIVE SUB5 POENAS. 

6 Section 37 of the State Department Basic Authorities 

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

8 the end the following new subsection: 

9 ‘‘(d) ADMINISTRATIVE SUBPOENAS.—

10 ‘‘(1) IN GENERAL.—If the Secretary determines 

11 that there is an imminent threat against a person, 

12 foreign mission, or international organization pro13 tected under the authority of subsection (a)(3), the 

14 Secretary may issue in writing, and cause to be 

15 served, a subpoena requiring—

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

17 other items relevant to the threat; and 

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

19 items required to be produced concerning the 

20 production and authenticity of those items. 

21 ‘‘(2) REQUIREMENTS.—

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

23 this subsection shall describe the items required 

24 to be produced and shall specify a return date 

25 within a reasonable period of time within which
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1 the requested items may be assembled and 

2 made available. The return date specified may 

3 not be less than 24 hours after service of the 

4 subpoena. 

5 ‘‘(B) NOTIFICATION TO ATTORNEY GEN6 ERAL.—As soon as practicable following the 

7 issuance of a subpoena under this subsection, 

8 the Secretary shall notify the Attorney General 

9 of its issuance. 

10 ‘‘(C) OTHER REQUIREMENTS.—The fol11 lowing provisions of section 3486 of title 18, 

12 United States Code, shall apply to the exercise 

13 of the authority of paragraph (1): 

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

15 subsection (a). 

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

17 ‘‘(3) DELEGATION OF AUTHORITY.—The au18 thority under this subsection may be delegated only 

19 to the Deputy Secretary of State. 

20 ‘‘(4) ANNUAL REPORT.—Not later than Feb21 ruary 1 of each year, the Secretary shall submit to 

22 the Committee on Foreign Relations of the Senate 

23 and the Committee on International Relations of the 

24 House of Representatives a report regarding the ex-
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1 ercise of the authority under this subsection during 

2 the previous calendar year.’’.

3 SEC. 203. ENHANCED DEPARTMENT OF STATE AUTHORITY 

4 FOR UNIFORMED SECURITY OFFICERS. 

5 The State Department Basic Authorities Act of 1956 

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

7 the following new section: 

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

9 UNITED STATES BY DESIGNATED LAW EN10 FORCEMENT OFFICERS. 

11 ‘‘(a) DESIGNATION OF LAW ENFORCEMENT OFFI12 CERS.—The Secretary of State may designate Department 

13 of State uniformed guards as law enforcement officers for 

14 duty in connection with the protection of buildings and 

15 areas within the United States for which the Department 

16 of State provides protective services, including duty in 

17 areas outside the property to the extent necessary to pro18 tect the property and persons on the property. 

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

20 performance of official duties as a law enforcement officer 

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

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

23 the protection of persons and property; 

24 ‘‘(2) carry firearms; and 
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1 ‘‘(3) make arrests without warrant for any of2 fense against the United States committed in the of3 ficer’s presence, or for any felony cognizable under 

4 the laws of the United States if the officer has rea5 sonable grounds to believe that the person to be ar6 rested has committed or is committing such felony 

7 in connection with the buildings and areas, or per8 sons, for which the Department of State is providing 

9 protective services. 

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

11 prescribe regulations necessary for the administration of 

12 buildings and areas within the United States for which 

13 the Department of State provides protective services. The 

14 regulations may include reasonable penalties, within the 

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

16 regulations. 

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

18 of Homeland Security in prescribing the regulations under 

19 paragraph (1). 

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

21 in a conspicuous place on the property. 

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

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

24 18, United States Code, or imprisoned for not more than 

25 30 days, or both. 
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1 ‘‘(e) TRAINING OFFICERS.—The Secretary of State 

2 may also designate firearms and explosives training offi3 cers as law enforcement officers under subsection (a) for 

4 the limited purpose of safeguarding firearms, ammunition, 

5 and explosives that are located at firearms and explosives 

6 training facilities approved by the Secretary or are in tran7 sit between training facilities and Department of State 

8 weapons and munitions vaults. 

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

10 granted to officers designated under this section shall be 

11 exercised in accordance with guidelines approved by the 

12 Attorney General. 

13 ‘‘(g) RELATIONSHIP TO OTHER AUTHORITY.—Noth14 ing in this section shall be construed to affect the author15 ity of the Secretary of Homeland Security, the Adminis16 trator of General Services, or any Federal law enforcement 

17 agency.’’. 

18 SEC. 204. PROHIBITION ON TRANSFER OF CERTAIN VISA 

19 PROCESSING FEES. 

20 Section 140(a)(2) of the Foreign Relations Author21 ization Act, Fiscal Years 1994 and 1995 (8 U.S.C. 1351 

22 note) is amended in the second sentence by inserting be23 fore the period at the end the following: ‘‘and shall not 

24 be transferred to any other agency, except that funds may 

25 be transferred by the Secretary for the procurement of 
22

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1 goods and services from other departments or agencies 

2 pursuant to section 1535 of title 31, United States Code’’. 

3 SEC. 205. REIMBURSEMENT FROM UNITED STATES OLYM4 PIC COMMITTEE. 

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

6 extent practicable, reimbursement from the United States 

7 Olympic Committee for security provided to the United 

8 States Olympic Team by Diplomatic Security Special 

9 Agents during the 2004 Summer Olympics. 

10 (b) OFFSETTING RECEIPT.—Reimbursements pro11 vided under subsection (a) shall be deposited as an offset12 ting receipt to the appropriate Department account. 

13 (c) AVAILABILITY OF FUNDS.—Funds collected 

14 under the authority in subsection (a) shall remain avail15 able for obligation until September 30, 2005. 

16 Subtitle B—Educational, Cultural, 

17 and Public Diplomacy Authorities 

18 SEC. 211. AUTHORITY TO PROMOTE BIOTECHNOLOGY. 

19 The Secretary is authorized to support, by grants, co20 operative agreements, or contracts, outreach and public di21 plomacy activities regarding the benefits of agricultural 

22 biotechnology and science-based regulatory systems, and 

23 the application of agricultural biotechnology for trade and 

24 development purposes. The total amount of grants made
23

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

2 $500,000.

3 SEC. 212. THE UNITED STATES DIPLOMACY CENTER. 

4 Title I of the State Department Basic Authorities Act 

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

6 2730) the following new section: 

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

8 ‘‘(a) ACTIVITIES.—

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

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

11 otherwise, for the performance of appropriate mu12 seum visitor and educational outreach services, in13 cluding organizing conference activities, museum 

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

15 and related space utilized by the United States Di16 plomacy Center (in this section referred to as the 

17 ‘Center’). 

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

19 may pay all reasonable expenses of conference activi20 ties conducted by the Center, including refreshments 

21 and reimbursement of travel expenses incurred by 

22 participants. 

23 ‘‘(3) RECOVERY OF COSTS.—Any revenues gen24 erated under the authority of paragraph (1) for vis25 itor services may be retained, as a recovery of the 
24

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1 costs of operating the Center, and credited to any 

2 Department of State appropriation. 

3 ‘‘(b) DISPOSITION OF UNITED STATES DIPLOMACY

4 CENTER ARTIFACTS AND MATERIALS.—

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

6 documents, artifacts, or other articles permanently 

7 acquired by the Department of State and deter8 mined by the Secretary to be suitable for display in 

9 the Center shall be considered to be the property of 

10 the Secretary in the Secretary’s official capacity and 

11 shall be subject to disposition solely in accordance 

12 with this subsection. 

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

14 makes the determination under paragraph (3) with 

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

16 market value, trade, or transfer the item, without re17 gard to the requirements of subtitle I of title 40, 

18 United States Code. The proceeds of any such sale 

19 may be used solely for the advancement of the Cen20 ter’s mission and may not be used for any purpose 

21 other than the acquisition and direct care of collec22 tions. 

23 ‘‘(3) DETERMINATIONS PRIOR TO SALE OR

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

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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 
26

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1 necessary to manage national security functions within a 

2 democratic civil society. 

3 TITLE III—ORGANIZATION AND 

4 PERSONNEL OF THE DEPART5 MENT OF STATE 

6 SEC. 301. FELLOWSHIP OF HOPE PROGRAM. 

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

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

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

10 new section: 

11 ‘‘SEC. 506. FELLOWSHIP OF HOPE.—(a) The Sec12 retary is authorized to establish the Fellowship of Hope 

13 Program. Under the program, the Secretary may assign 

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

15 a position with any designated country or designated enti16 ty that permits an employee to be assigned to a position 

17 with the Department. 

18 ‘‘(b) The salary and benefits of a member of the Serv19 ice shall be paid as described in subsection (b) of section 

20 503 during a period in which such member is participating 

21 in the Fellowship of Hope Program. The salary and bene22 fits of an employee of a designated country or designated 

23 entity participating in such program shall be paid by such 

24 country or entity during the period in which such employee 

25 is participating in the program. 
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1 ‘‘(c) In this section:

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

3 member country of—

4 ‘‘(A) the North Atlantic Treaty Organiza5 tion; or 

6 ‘‘(B) the European Union. 

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

8 ‘‘(A) the North Atlantic Treaty Organiza9 tion; or 

10 ‘‘(B) the European Union.’’. 

11 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

12 Such Act is amended—

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

14 (A) in the section heading, by striking 

15 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN16 MENTS, OR’’; and 

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

18 ‘‘body’’ the following: ‘‘, or with a foreign gov19 ernment under section 506’’; and 

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

21 (A) by striking the item relating to section 

22 503 and inserting the following:

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

23 and
28

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1 (B) by inserting after the item relating to 

2 section 505 the following:

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

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

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

5 amended—

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

7 (A) by inserting ‘‘activities required for 

8 successful completion of a grade or course and’’ 

9 after ‘‘(including’’; and 

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

11 cost to the Government of the dependent at12 tending an adequate school in the nearest local13 ity where an adequate school is available’’ and 

14 inserting ‘‘subject to the approval of the head 

15 of the agency involved’’; 

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

17 the following: 

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

19 an employee to and from a secondary, post-sec20 ondary, or post-baccalaureate educational insti21 tution, not to exceed 1 annual trip each way for 

22 each dependent, except that an allowance pay23 ment under subparagraph (A) of this paragraph 

24 may not be made for a dependent during the 12 

25 months following the arrival of the dependent 
29

•S 2144 IS 

1 at the selected educational institution under au2 thority contained in this subparagraph.’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(D) Allowances provided pursuant to sub6 paragraphs (A) and (B) may include, at the 

7 election of the employee, payment or reimburse8 ment of the costs incurred to store baggage for 

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

10 the dependent’s school during the dependent’s 

11 annual trip between the school and the employ12 ee’s duty station, except that such payment or 

13 reimbursement may not exceed the cost that the 

14 Government would incur to transport the bag15 gage with the dependent in connection with the 

16 annual trip, and such payment or reimburse17 ment shall be in lieu of transportation of the 

18 baggage.’’. 

19 SEC. 303. ADDITIONAL AUTHORITY FOR WAIVER OF ANNU20 ITY LIMITATIONS ON REEMPLOYED FOREIGN 

21 SERVICE ANNUITANTS. 

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

23 (22 U.S.C. 4064(g)) is amended to read as follows: 
30

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1 ‘‘(g) The Secretary of State may waive the applica2 tion of subsections (a) through (d) on a case-by-case basis 

3 for an annuitant reemployed on a temporary basis—

4 ‘‘(1) if, and for so long as, such waiver is nec5 essary due to an emergency involving a direct threat 

6 to life or property or other unusual circumstances; 

7 or 

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

9 for which there is exceptional difficulty in recruiting 

10 or retaining a qualified employee.’’. 

11 SEC. 304. HOME LEAVE. 

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

13 1980 is amended—

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

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

16 it appears; and 

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

18 striking ‘‘18 months’’ in the first sentence and in19 serting ‘‘12 months’’. 

20 SEC. 305. INCREASED LIMITS APPLICABLE TO POST DIF21 FERENTIALS AND DANGER PAY ALLOW22 ANCES. 

23 (a) REPEAL OF LIMITED-SCOPE EFFECTIVE DATE

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

25 of the Foreign Operations, Export Financing, and Related 
31

•S 2144 IS 

1 Programs Appropriations Act, 2004 (division D of Public 

2 Law 108–199) is repealed. 

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

4 5, United States Code, is amended by striking ‘‘25 percent 

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

6 of the United States Agency for International Develop7 ment,’’. 

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

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

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

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

12 of the United States Agency for International Develop13 ment’’ both places that it appears and inserting ‘‘35 per14 cent of the basic pay of the employee’’. 

15 SEC. 306. SUSPENSION OF FOREIGN SERVICE MEMBERS 

16 WITHOUT PAY. 

17 (a) SUSPENSION.—Section 610 of the Foreign Serv18 ice Act of 1980 (22 U.S.C. 4010) is amended by adding 

19 at the end the following new subsection: 

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

21 Foreign Service without pay when there is reasonable 

22 cause to believe that the member has committed a crime 

23 for which a sentence of imprisonment may be imposed and 

24 there is a connection between the conduct and the effi25 ciency of the Foreign Service. 
32

•S 2144 IS 

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

2 a suspension is proposed shall be entitled to—

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

4 for the proposed suspension; 

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

6 writing to the proposed suspension; 

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

8 representative; and 

9 ‘‘(D) a final written decision, including the spe10 cific reasons for such decision, as soon as prac11 ticable. 

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

13 file a grievance in accordance with the procedures applica14 ble to grievances under chapter 11 of this title. 

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

16 (3)— 

17 ‘‘(A) the review by the Foreign Service Griev18 ance Board shall be limited to a determination of 

19 whether the reasonable cause requirement has been 

20 fulfilled and whether there is a connection between 

21 the conduct and the efficiency of the Foreign Serv22 ice; and 

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

24 not exercise the authority provided under section 

25 1106(8) of the Act (22 U.S.C. 4136(8)).
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•S 2144 IS 

1 ‘‘(5) In this subsection: 

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

3 ‘‘(i) with respect to a member of the For4 eign Service assigned to duty in the United 

5 States, 15 days after receiving notice of the 

6 proposed suspension; and 

7 ‘‘(ii) with respect to a member of the For8 eign Service assigned to duty outside the 

9 United States, 30 days after receiving notice of 

10 the proposed suspension. 

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

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

13 disciplinary reasons, in a temporary status without 

14 duties.’’. 

15 (b) CONFORMING AND CLERICAL AMENDMENTS.—

16 (1) AMENDMENT OF SECTION HEADING.—Such 

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

18 amended by inserting ‘‘; SUSPENSION’’ before the 

19 period at the end. 

20 (2) CLERICAL AMENDMENT.—The item relating 

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

22 of such Act is amended to read as follows:

‘‘Sec. 610. Separation for cause; suspension.’’.
34

•S 2144 IS 

1 SEC. 307. CLAIMS FOR LOST PAY. 

2 (a) IN GENERAL.—Section 2 of the State Depart3 ment Basic Authorities Act of 1956 (22 U.S.C. 2669) is 

4 amended by adding at the end the following: 

5 ‘‘(o) make administrative corrections or adjust6 ments to an employee’s pay, allowances, or differen7 tials, resulting from mistakes or retroactive per8 sonnel actions, as well as provide back pay and other 

9 categories of payments under section 5596 of title 5, 

10 United States Code, as part of the settlement or 

11 compromise of administrative claims or grievances 

12 filed against the Department.’’. 

13 (b) TECHNICAL AND CONFORMING AMENDMENTS.—

14 Such section is further amended—

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

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

17 section to appear after subsection (l); 

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

19 period at the end of each subsection and inserting 

20 a semicolon; and 

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

22 the end and inserting a semicolon and ‘‘and’’. 
35

•S 2144 IS 

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’’. 
36

•S 2144 IS 

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 
37

•S 2144 IS 

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-
38

•S 2144 IS 

1 gate for necessary housing and subsistence expenses 

2 with respect to attending any such session. 

3 ‘‘(b) The Secretary may not make available living 

4 quarters or allowances under subsection (a) to an em5 ployee who is occupying living quarters that are owned by 

6 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.’’.
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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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•S 2144 IS 

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: 
41

•S 2144 IS 

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 
42

•S 2144 IS 

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: 
43

•S 2144 IS 

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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•S 2144 IS 

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 
45

•S 2144 IS 

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-
46

•S 2144 IS 

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 
47

•S 2144 IS 

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, under which 

13 eligible secondary school students from eligible countries 

14 would—

15 (1) attend public secondary school in the 

16 United States; 

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

18 and 

19 (3) participate in activities designed to promote 

20 a greater understanding of United States and Is21 lamic values and culture. 

22 (b) ELIGIBILITY CRITERIA FOR STUDENTS.—A stu23 dent is eligible to participate in the program authorized 

24 under subsection (a) if the student—

25 (1) is from an eligible country;
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1 (2) is at least 15 years of age but not more 

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

3 enrollment in the program; 

4 (3) is enrolled in a secondary school in an eligi5 ble country; 

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

7 primary and secondary education, exclusive of kin8 dergarten; 

9 (5) demonstrates maturity, good character, and 

10 scholastic aptitude, and has the proficiency in the 

11 English language necessary to participate in the pro12 gram; 

13 (6) has not previously participated in an ex14 change program in the United States sponsored by 

15 the United States Government; and 

16 (7) is not inadmissible under the Immigration 

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

18 other law related to immigration and nationality. 

19 (c) PROGRAM REQUIREMENTS.—The program au20 thorized by subsection (a) shall satisfy the following re21 quirements: 

22 (1) COMPLIANCE WITH ‘‘J’’ VISA REQUIRE23 MENTS.—Participants in the program shall satisfy 

24 all requirements applicable to the admission of non25 immigrant aliens described in section 101(a)(15)(J) 
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1 of the Immigration and Nationality Act (8 U.S.C. 

2 1101(a)(15)(J)). The program shall be considered a 

3 designated exchange visitor program for purposes of 

4 the application of section 641 of the Illegal Immi5 gration Reform and Immigrant Responsibility Act of 

6 1996 (8 U.S.C. 1372). 

7 (2) BROAD PARTICIPATION.—Whenever appro8 priate, special provisions shall be made to ensure the 

9 broadest possible participation in the program, par10 ticularly among females and less advantaged citizens 

11 of eligible countries. 

12 (3) REGULAR REPORTING TO THE SEC13 RETARY.—Each United States sponsoring organiza14 tion shall report regularly to the Secretary informa15 tion about the progress made by the organization in 

16 implementation of the program. 

17 SEC. 614. AUTHORIZATION OF APPROPRIATIONS. 

18 Of the amounts authorized to be appropriated for 

19 educational and cultural exchange programs under section 

20 102(a), there is authorized to be made available to the 

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

22 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 SEC. 805. LIMITATION ON USE OF FUNDS RELATING TO 

14 UNITED STATES POLICY WITH RESPECT TO 

15 JERUSALEM AS THE CAPITAL OF ISRAEL. 

16 (a) LIMITATION ON USE OF FUNDS FOR CONSULATE

17 IN JERUSALEM.—None of the funds authorized to be ap18 propriated by this division may be expended for the oper19 ation of any United States consulate or diplomatic facility 

20 in Jerusalem that is not under the supervision of the 

21 United States Ambassador to Israel. 

22 (b) LIMITATION ON USE OF FUNDS FOR PUBLICA23 TIONS.—None of the funds authorized to be appropriated 

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

25 official document of the United States that lists countries 
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1 including Israel, and their capital cities unless the publica2 tion identifies Jerusalem as the capital of Israel. 

3 SEC. 806. REQUIREMENT FOR ADDITIONAL REPORT CON4 CERNING EFFORTS TO PROMOTE ISRAEL’S 

5 DIPLOMATIC RELATIONS WITH OTHER COUN6 TRIES. 

7 Section 215(b) of the Foreign Relations Authoriza8 tion Act, Fiscal Year 2003 (Public Law 107–228; 116 

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

10 than 60 days after the date of the enactment of the For11 eign Relations Authorization Act, Fiscal Year 2005,’’ after 

12 ‘‘Act,’’ in the matter preceding paragraph (1). 

13 SEC. 807. UNITED STATES POLICY REGARDING THE REC14 OGNITION OF A PALESTINIAN STATE. 

15 Congress reaffirms the policy of the United States as 

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

17 24, 2002, regarding the criteria for recognizing a Pales18 tinian state. Congress reiterates the President’s statement 

19 that the United States will not recognize a Palestinian 

20 state until the Palestinians elect new leadership that—

21 (1) is not compromised by terrorism; 

22 (2) demonstrates, over time, a firm and tan23 gible commitment to peaceful co-existence with the 

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

25 and 
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1 (3) takes appropriate measures to counter ter2 rorism and terrorist financing in the West Bank and 

3 Gaza, including dismantling terrorist infrastruc4 tures, confiscating unlawful weaponry, and estab5 lishing a new security entity that cooperates fully 

6 with appropriate Israeli security organizations. 

7 SEC. 808. MIDDLE EAST BROADCASTING NETWORK. 

8 (a) AUTHORITY.—The United States International 

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

10 amended by inserting after section 309 the following new 

11 section: 

12 ‘‘SEC. 310. MIDDLE EAST BROADCASTING NETWORK. 

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

14 305 shall be available to make annual grants to a Middle 

15 East Broadcasting Network for the purpose of carrying 

16 out radio and television broadcasting to the Middle East 

17 region. 

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

19 Network shall provide radio and television programming 

20 to the Middle East region consistent with the broadcasting 

21 standards and broadcasting principles set forth in section 

22 303 of this Act. 

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

24 grants under this section shall be subject to the following 

25 limitations and restrictions:
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1 ‘‘(1) The Broadcasting Board of Governors may 

2 not make any grant to the nonprofit corporation, 

3 Middle East Broadcasting Network, unless its cer4 tificate of incorporation provides that—

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

6 East Broadcasting Network shall consist of the 

7 members of the Broadcasting Board of Gov8 ernors established under section 304 and of no 

9 other members; and 

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

11 all major policy determinations governing the 

12 operation of the Middle East Broadcasting Net13 work, and shall appoint and fix the compensa14 tion of such managerial officers and employees 

15 of the Middle East Broadcasting Network as it 

16 considers necessary to carry out the purposes of 

17 the grant provided under this title, except that 

18 no officer or employee may be paid a salary or 

19 other compensation in excess of the rate of pay 

20 payable for level III of the Executive Schedule 

21 under section 5314 of title 5, United States 

22 Code.

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

24 shall require that any contract entered into by the 

25 Middle East Broadcasting Network shall specify that 
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1 obligations are assumed by the Middle East Broad2 casting Network and not the United States Govern3 ment. 

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

5 any lease agreement entered into by the Middle East 

6 Broadcasting Network shall be, to the maximum ex7 tent possible, assignable to the United States Gov8 ernment. 

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

10 made pursuant to a grant agreement which requires 

11 that grant funds be used only for activities con12 sistent with this section, and that failure to comply 

13 with such requirements shall permit the grant to be 

14 terminated without fiscal obligation to the United 

15 States. 

16 ‘‘(5) Duplication of language services and tech17 nical operations between the Middle East Broad18 casting Network (including Radio Sawa), RFE/RL, 

19 and the International Broadcasting Bureau will be 

20 reduced to the extent appropriate, as determined by 

21 the Board. 

22 ‘‘(d) NOT A FEDERAL AGENCY OR INSTRUMEN23 TALITY.—Nothing in this title may be construed to make 

24 the Middle East Broadcasting Network a Federal agency 

25 or instrumentality, nor shall the officers or employees of 
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1 the Middle East Broadcasting Network be deemed to be 

2 officers or employees of the United States Government. 

3 ‘‘(e) AUDIT AUTHORITY.—

4 ‘‘(1) IN GENERAL.—Such financial transactions 

5 of the Middle East Broadcasting Network as relate 

6 to functions carried out under this section may be 

7 audited by the General Accounting Office in accord8 ance with such principles and procedures and under 

9 such rules and regulations as may be prescribed by 

10 the Comptroller General of the United States. Any 

11 such audit shall be conducted at the place or places 

12 where accounts of the Middle East Broadcasting 

13 Network are normally kept. 

14 ‘‘(2) ACCESS TO RECORDS.—Representatives of 

15 the General Accounting Office shall have access to 

16 all books, accounts, records, reports, files, papers, 

17 and property belonging to or in use by the Middle 

18 East Broadcasting Network pertaining to such fi19 nancial transactions as necessary to facilitate an 

20 audit. Such representatives shall be afforded full fa21 cilities for verifying transactions with any assets 

22 held by depositories, fiscal agents, and custodians. 

23 All such books, accounts, records, reports, files, pa24 pers, and property of the Middle East Broadcasting 
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1 Network shall remain in the custody of the Middle 

2 East Broadcasting Network. 

3 ‘‘(3) INSPECTOR GENERAL.—Notwithstanding 

4 any other provisions of law, the Inspector General 

5 for the Department of State and the Broadcasting 

6 Board of Governors is authorized to exercise the au7 thorities of the Inspector General Act of 1978 with 

8 respect to the Middle East Broadcasting Network.’’. 

9 (b) CONFORMING AMENDMENTS.—

10 (1) AUTHORITIES OF BOARD.—Section 305 of 

11 the United States International Broadcasting Act of 

12 1994 (22 U.S.C. 6204), is amended—

13 (A) in paragraph (5) of subsection (a), by 

14 striking ‘‘and 309’’ and inserting ‘‘, 309, and 

15 310’’; 

16 (B) in paragraph (6) of subsection (a), by 

17 striking ‘‘and 309’’ and inserting ‘‘, 309, and 

18 310’’; and 

19 (C) in subsection (c), by striking ‘‘and 

20 309’’ and by inserting ‘‘, 309, and 310’’. 

21 (2) INTERNATIONAL BROADCASTING BUREAU.—

22 Section 307 of the United States International 

23 Broadcasting Act of 1994 (22 U.S.C. 6206), is 

24 amended—
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1 (A) in subsection (a), by striking ‘‘and 

2 309’’ and inserting ‘‘, 309, and 310’’; and 

3 (B) in subsection (c), by inserting ‘‘, and 

4 Middle East Broadcasting Network,’’ after 

5 ‘‘Asia’’. 

6 (3) IMMUNITY FOR LIABILITY.—Section 304(g) 

7 of the United States International Broadcasting Act 

8 of 1994 (22 U.S.C. 6203(g)), is amended—

9 (A) by striking ‘‘and’’ after ‘‘Incor10 porated’’, and by inserting a comma; and 

11 (B) by adding ‘‘, and Middle East Broad12 casting Network’’ after ‘‘Asia’’. 

13 (4) CREDITABLE SERVICE.—Section 

14 8332(b)(11) of title 5, United States Code, is 

15 amended by adding ‘‘the Middle East Broadcasting 

16 Network;’’ after ‘‘the Asia Foundation;’’. 

17 SEC. 809. SENSE OF CONGRESS RELATING TO MAGEN 

18 DAVID ADOM SOCIETY. 

19 It is the sense of Congress that, in light of the find20 ings of fact set out in section 690(a) of the Foreign Rela21 tions Authorization Act, Fiscal Year 2003 (Public Law 

22 107–228; 116 Stat. 1414) and the fact that the Federa23 tion of Red Cross and Red Crescent Societies has not 

24 granted full membership to the Magen David Adom Soci25 ety, the United States should continue to press for full
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1 membership for the Magen David Adom Society in the 

2 International Red Cross Movement. 

3 SEC. 810. EXTENSION OF AUTHORIZATION OF APPROPRIA4 TION FOR THE UNITED STATES COMMISSION 

5 ON INTERNATIONAL RELIGIOUS FREEDOM. 

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

7 the International Religious Freedom Act of 1998 (22 

8 U.S.C. 6435(a)) is amended by striking ‘‘2003’’ and in9 serting ‘‘2005’’. 

10 (b) TECHNICAL AMENDMENT.—Subsection (b) of 

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

12 inserting ‘‘subsection’’. 

13 TITLE IX—PEACE CORPS CHAR14 TER FOR THE 21ST CENTURY 

15 SEC. 901. SHORT TITLE. 

16 This title may be cited as the ‘‘Peace Corps Charter 

17 for the 21st Century Act’’. 

18 SEC. 902. FINDINGS. 

19 Congress makes the following findings: 

20 (1) The Peace Corps was established in 1961 to 

21 promote world peace and friendship through the 

22 service of United States volunteers abroad. 

23 (2) The Peace Corps has sought to fulfill three 

24 goals, as follows: 
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1 (A) To help people in developing nations 

2 meet basic needs. 

3 (B) To promote understanding of Amer4 ica’s values and ideals abroad. 

5 (C) To promote an understanding of other 

6 peoples by Americans. 

7 (3) The three goals, which are codified in the 

8 Peace Corps Act, have guided the Peace Corps and 

9 its volunteers over the years, and worked in concert 

10 to promote global acceptance of the principles of 

11 international peace and nonviolent coexistence 

12 among peoples of diverse cultures and systems of 

13 government. 

14 (4) Since its establishment, approximately 

15 165,000 Peace Corps volunteers have served in 135 

16 countries. 

17 (5) After more than 40 years of operation, the 

18 Peace Corps remains the world’s premier inter19 national service organization dedicated to promoting 

20 grassroots development.

21 (6) The Peace Corps remains committed to 

22 sending well trained and well supported Peace Corps 

23 volunteers overseas to promote peace, friendship, 

24 and international understanding. 
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1 (7) The Peace Corps operates in 70 countries 

2 with 7,000 Peace Corps volunteers. 

3 (8) The Peace Corps is an independent agency, 

4 and therefore no Peace Corps personnel or volun5 teers should be used to accomplish any goal other 

6 than the goals established by the Peace Corps Act. 

7 (9) The Crisis Corps has been an effective tool 

8 in harnessing the skills and talents for returned 

9 Peace Corps volunteers and should be expanded to 

10 utilize to the maximum extent the talent pool of re11 turned Peace Corps volunteers. 

12 (10) There is deep misunderstanding and mis13 information about the values and ideals of the 

14 United States in many parts of the world, particu15 larly those with substantial Muslim populations, and 

16 a greater Peace Corps presence in such places could 

17 foster greater understanding and tolerance. 

18 (11) Congress has declared that the Peace 

19 Corps should be expanded to sponsor a minimum of 

20 10,000 Peace Corps volunteers. 

21 (12) President George W. Bush has called for 

22 the doubling of the number of Peace Corps volun23 teers in service. 

24 (13) Any expansion of the Peace Corps must 

25 not jeopardize the quality of the Peace Corps volun-
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1 teer experience, and therefore can only be accom2 plished by an appropriate increase in field and head3 quarters support staff. 

4 (14) In order to ensure that proposed expansion 

5 of the Peace Corps preserves the integrity of the 

6 program and the security of volunteers, the inte7 grated Planning and Budget System supported by 

8 the Office of Planning and Policy Analysis should 

9 continue its focus on strategic planning. 

10 (15) A streamlined, bipartisan National Peace 

11 Corps Advisory Council composed of distinguished 

12 returned Peace Corps volunteers and other individ13 uals, with diverse backgrounds and expertise, can be 

14 a source of ideas and suggestions that may be useful 

15 to the Director of the Peace Corps in discharging 

16 the Director’s duties and responsibilities. 

17 SEC. 903. DEFINITIONS. 

18 In this title: 

19 (1) DIRECTOR.—The term ‘‘Director’’ means 

20 the Director of the Peace Corps. 

21 (2) PEACE CORPS VOLUNTEER.—The term 

22 ‘‘Peace Corps volunteer’’ means a volunteer or a vol23 unteer leader under the Peace Corps Act (22 U.S.C. 

24 2501 et seq.). 
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1 (3) RETURNED PEACE CORPS VOLUNTEER.—

2 The term ‘‘returned Peace Corps volunteer’’ means 

3 a person who has been certified by the Director as 

4 having served satisfactorily as a Peace Corps volun5 teer. 

6 SEC. 904. STRENGTHENED INDEPENDENCE OF THE PEACE 

7 CORPS. 

8 (a) RECRUITMENT OF VOLUNTEERS.—Section 2A of 

9 the Peace Corps Act (22 U.S.C. 2501–1) is amended by 

10 adding at the end the following new sentence: ‘‘As the 

11 Peace Corps is an independent agency, all recruiting of 

12 volunteers shall be undertaken primarily by the Peace 

13 Corps.’’. 

14 (b) DETAILS AND ASSIGNMENTS.—Section 5(g) of 

15 the Peace Corps Act (22 U.S.C. 2504(g)) is amended by 

16 inserting after ‘‘Provided, That’’ the following: ‘‘such de17 tail or assignment does not contradict the standing of 

18 Peace Corps volunteers as being independent: Provided 

19 further, That’’. 

20 SEC. 905. REPORTS AND CONSULTATIONS. 

21 (a) ANNUAL REPORTS; CONSULTATIONS ON NEW

22 INITIATIVES.—The Peace Corps Act is amended by strik23 ing the heading for section 11 (22 U.S.C. 2510) and all 

24 that follows through the end of such section and inserting 

25 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). 

7 (b) FAMILY PLANNING PROGRAMS.—Of the amount 

8 authorized to be appropriated under subsection (a), 

9 $346,000,000 may be used for assistance under sections 

10 104(b) and 496(i)(3) of the Foreign Assistance Act of 

11 1961 (22 U.S.C. 2151b(b) and 2293(i)(3)). 

12 (c) AVAILABILITY.—Amounts appropriated under 

13 this section for the purposes specified in subsection (a)—

14 (1) are authorized to remain available until ex15 pended; and 

16 (2) are in addition to amounts otherwise avail17 able for such purposes. 

18 (d) REPEAL OF OBSOLETE AUTHORIZATIONS AND

19 TECHNICAL AMENDMENTS.—Section 104(c) of the For20 eign Assistance Act of 1961 (22 U.S.C. 2151b(c)) is 

21 amended—

22 (1) in paragraph (2)—

23 (A) by striking subparagraphs (B) and 

24 (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 ‘‘(e) TERMS AND CONDITIONS.—Assistance provided 

23 under this section shall be provided on such terms and 

24 conditions as the President determines appropriate. 
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1 ‘‘(f) OBLIGATIONS OF THE UNITED STATES.—A par2 tial loan guarantee made under subsection (c) shall con3 stitute an obligation, in accordance with the terms of such 

4 guarantee, of the United States of America and the full 

5 faith and credit of the United States of America is pledged 

6 for the full payment and performance of such obligation. 

7 ‘‘(g) PROCUREMENT PROVISIONS.—Assistance may 

8 be provided under this section notwithstanding section 

9 604(a). 

10 ‘‘(h) DEVELOPMENT CREDIT AUTHORITY PROGRAM

11 ACCOUNT.—There is established on the books of the 

12 Treasury an account known as the Development Credit 

13 Authority Program Account. There shall be deposited into 

14 the account all amounts made available for providing as15 sistance under this section, other than amounts made 

16 available for administrative expenses to carry out this sec17 tion. Amounts in the Account shall be available to provide 

18 assistance under this section. 

19 ‘‘(i) AVAILABILITY OF FUNDS.—

20 ‘‘(1) IN GENERAL.—Of the amounts authorized 

21 to be available for the purposes of part I of this Act 

22 and for the Support for Eastern European Democ23 racy (SEED) Act of 1989 (22 U.S.C. 5401 et seq.), 

24 not more than $21,000,000 for fiscal year 2005 may 

25 be made available to carry out this section. 
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1 ‘‘(2) TRANSFER OF FUNDS.—Amounts made 

2 available under paragraph (1) may be transferred to 

3 the Development Credit Authority Program Account 

4 established by subsection (h). 

5 ‘‘(3) SUBSIDY COST.—Amounts made available 

6 under paragraph (1) shall be available for the sub7 sidy cost, as defined in section 502(5) of the Federal 

8 Reform Credit Act of 1990 (2 U.S.C. 661a(5)), of 

9 activities under this section. 

10 ‘‘(j) AUTHORIZATION OF APPROPRIATIONS.—

11 ‘‘(1) IN GENERAL.—There is authorized to be 

12 appropriated for administrative expenses to carry 

13 out this section $8,000,000 for fiscal year 2005. 

14 ‘‘(2) TRANSFER OF FUNDS.—The amounts ap15 propriated for administrative expenses under para16 graph (1) may be transferred to and merged with 

17 amounts made available under section 667(a). 

18 ‘‘(k) AVAILABILITY.—Amounts appropriated or made 

19 available under this section are authorized to remain avail20 able until expended.’’.
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1 SEC. 2104. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE 

2 TO FOREIGN GOVERNMENTS AND FOREIGN 

3 CENTRAL BANKS OF DEVELOPING OR TRAN4 SITIONAL COUNTRIES. 

5 Section 129(j)(1) of the Foreign Assistance Act of 

6 1961 (22 U.S.C. 2151aa(j)(1)) is amended by striking 

7 ‘‘$5,000,000 for fiscal year 1999’’ and inserting 

8 ‘‘$17,500,000 for fiscal year 2005’’. 

9 SEC. 2105. INTERNATIONAL ORGANIZATIONS AND PRO10 GRAMS. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

12 302 of the Foreign Assistance Act of 1961 (22 U.S.C. 

13 2222) is amended by striking subsections (a) through (j) 

14 and inserting the following: 

15 ‘‘(a) There is authorized to be appropriated to the 

16 President $304,450,000 for fiscal year 2005 for grants to 

17 carry out the purposes of this chapter. Amounts appro18 priated pursuant to the authorization of appropriations in 

19 this section are in addition to amounts otherwise available 

20 for such purposes.’’. 

21 (b) CONFORMING AMENDMENTS.—Such section is 

22 further amended—

23 (1) in the heading, by striking ‘‘AUTHORIZA24 TION.—’’ and inserting ‘‘AUTHORIZATION OF AP25 PROPRIATIONS.—’’; and 
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1 (2) by redesignating subsections (k), (l), and 

2 (m) as subsections (b), (c), and (d), respectively. 

3 SEC. 2106. CONTINUED AVAILABILITY OF CERTAIN FUNDS 

4 WITHHELD FROM INTERNATIONAL ORGANI5 ZATIONS. 

6 Section 307 of the Foreign Assistance Act of 1961 

7 (22 U.S.C. 2227) is amended by adding at the end the 

8 following new subsection: 

9 ‘‘(e) Funds available in any fiscal year to carry out 

10 the provisions of this chapter that are returned or not 

11 made available for organizations and programs because of 

12 the application of this section shall remain available for 

13 obligation until September 30 of the fiscal year after the 

14 fiscal year for which such funds are appropriated.’’. 

15 SEC. 2107. INTERNATIONAL DISASTER ASSISTANCE. 

16 Section 492(a) of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2292a(a)) is amended by striking 

18 ‘‘$25,000,000 for fiscal year 1986 and $25,000,000 for 

19 fiscal year 1987’’ and inserting ‘‘$385,500,000 for fiscal 

20 year 2005’’. 

21 SEC. 2108. TRANSITION INITIATIVES. 

22 Section 494 of the Foreign Assistance Act of 1961 

23 (22 U.S.C. 2292c) is amended to read as follows: 
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1 ‘‘SEC. 494. TRANSITION AND DEVELOPMENT ASSISTANCE. 

2 ‘‘(a) TRANSITION AND DEVELOPMENT ASSIST3 ANCE.—The President is authorized to furnish assistance 

4 to support the transition to democracy and to long-term 

5 development in accordance with the general authority con6 tained in section 491, including assistance to—

7 ‘‘(1) develop, strengthen, or preserve democratic 

8 institutions and processes; 

9 ‘‘(2) revitalize basic infrastructure; and 

10 ‘‘(3) foster the peaceful resolution of conflict. 

11 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

12 is authorized to be appropriated to the President 

13 $62,800,000 for fiscal year 2005 to carry out this section. 

14 ‘‘(c) AVAILABILITY.—Amounts appropriated under 

15 this section for the purpose specified in subsection (b)—

16 ‘‘(1) are authorized to remain available until ex17 pended; and 

18 ‘‘(2) are in addition to amounts otherwise avail19 able to carry out this section.’’. 

20 SEC. 2109. ASSISTANCE FOR THE INDEPENDENT STATES OF 

21 THE FORMER SOVIET UNION. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated to the President for ‘‘Assist24 ance for the Independent States of the Former Soviet 

25 Union’’, $575,000,000 for fiscal year 2005 to carry out 
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1 chapters 11 and 12 of part I of the Foreign Assistance 

2 Act of 1961 (22 U.S.C. 2295 et seq. and 2296 et seq.). 

3 (b) AVAILABILITY.—Amounts appropriated under 

4 this section for the purposes specified in subsection (a)—

5 (1) are authorized to remain available until ex6 pended; and 

7 (2) are in addition to amounts otherwise avail8 able for such purposes. 

9 SEC. 2110. ASSISTANCE FOR EASTERN EUROPE AND THE 

10 BALTIC STATES. 

11 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

12 authorized to be appropriated to the President for ‘‘Assist13 ance for Eastern Europe and the Baltic States’’ 

14 $415,000,000 for fiscal year 2005 to carry out the Sup15 port for East European Democracy (SEED) Act of 1989 

16 (22 U.S.C. 5401 et seq.), and the Foreign Assistance Act 

17 of 1961 (22 U.S.C. 2151 et seq.). 

18 (b) AVAILABILITY.—Amounts appropriated under 

19 this section for the purposes specified in subsection (a)—

20 (1) are authorized to remain available until ex21 pended; 

22 (2) are in addition to amounts otherwise avail23 able for such purposes; 

24 (3) may be made available notwithstanding any 

25 other provision of law; and 
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1 (4) shall be considered to be economic assist2 ance under the Foreign Assistance Act of 1961 (22 

3 U.S.C. 2151 et seq.) for purposes of making applica4 ble the administrative authorities contained in that 

5 Act for the use of economic assistance. 

6 SEC. 2111. OPERATING EXPENSES OF THE UNITED STATES 

7 AGENCY FOR INTERNATIONAL DEVELOP8 MENT. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 667 of the Foreign Assistance Act of 1961 (22 U.S.C. 

11 2427) is amended—

12 (1) in subsection (a)— 

13 (A) by striking paragraph (1) and insert14 ing the following: 

15 ‘‘(1) $623,400,000 for the fiscal year 2005 for 

16 necessary operating expenses of the United States 

17 Agency for International Development; and’’

18 (B) in paragraph (2) of such subsection, 

19 by striking ‘‘agency’’ and inserting ‘‘Agency’’; 

20 (2) by redesignating subsection (b) as sub21 section (c); and 

22 (3) by inserting after subsection (a) the fol23 lowing new subsection (b):
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1 ‘‘(b) There are authorized to be appropriated to the 

2 President, in addition to funds available under subsection 

3 (a) or any other provision of law for such purposes—

4 ‘‘(1) $36,400,000 for fiscal year 2005 for nec5 essary operating expenses of the Office of Inspector 

6 General of the United States Agency for Inter7 national Development; and 

8 ‘‘(2) such amounts as may be necessary for in9 creases in pay, retirement, and other employee bene10 fits authorized by law for the employees of such Of11 fice, and for other nondiscretionary costs of such Of12 fice.’’. 

13 (b) CONFORMING AMENDMENT.—The heading of sec14 tion 667 of the Foreign Assistance Act of 1961 (22 U.S.C. 

15 2427) is amended by striking ‘‘EXPENSES.—’’ and insert16 ing ‘‘EXPENSES OF THE UNITED STATES AGENCY FOR

17 INTERNATIONAL DEVELOPMENT.—’’. 

18 SEC. 2112. CAPITAL INVESTMENT FUNDS FOR THE UNITED 

19 STATES AGENCY FOR INTERNATIONAL DE20 VELOPMENT. 

21 There is authorized to be appropriated to the Admin22 istrator of the United States Agency for International De23 velopment $64,800,000 for the fiscal year 2005 for over24 seas construction and related costs and for enhancement 

25 of information technology and related investments. 
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1 SEC. 2113. MILLENNIUM CHALLENGE ASSISTANCE. 

2 Section 619(a) of the Millennium Challenge Act of 

3 2003 (title VI of division D of Public Law 108–199) is 

4 amended to read as follows: 

5 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to carry out this title—

7 ‘‘(1) such sums as may be necessary for fiscal 

8 year 2004; and 

9 ‘‘(2) $2,000,000,000 for fiscal year 2005.’’. 

10 Subtitle B—Counternarcotics, Se11 curity Assistance, and Related 

12 Programs Authorizations 

13 SEC. 2121. INTERNATIONAL NARCOTICS CONTROL AND LAW 

14 ENFORCEMENT. 

15 (a) AUTHORIZATION OF APPROPRIATIONS FOR FIS16 CAL YEAR 2005.—Paragraph (1) of section 482(a) of the 

17 Foreign Assistance Act of 1961 (22 U.S.C. 2291a(a)) is 

18 amended by striking ‘‘$147,783,000’’ and all that follows 

19 and inserting ‘‘$1,089,820,000 for fiscal year 2005, of 

20 which $731,000,000 is authorized to be appropriated for 

21 the Andean Counterdrug Initiative.’’. 

22 (b) AVAILABILITY OF FUNDS FOR COLOMBIA.—That 

23 section is further amended by adding at the end the fol24 lowing new paragraphs: 

25 ‘‘(3) Notwithstanding any other provision of law, 

26 amounts authorized to be appropriated to carry out the 
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1 purposes of section 481 for fiscal year 2005, and amounts 

2 appropriated for fiscal years before fiscal year 2005 for 

3 purposes of such section that remain available for obliga4 tion, may be used to furnish assistance to the Government 

5 of Colombia—

6 ‘‘(A) to support a unified campaign against 

7 narcotics trafficking and terrorist activities; and 

8 ‘‘(B) to take actions to protect human health 

9 and welfare in emergency circumstances, including 

10 undertaking rescue operations. 

11 ‘‘(4) Assistance furnished to the Government of Co12 lombia under this section—

13 ‘‘(A) shall be subject to the limitations on 

14 the assignment of United States personnel in 

15 Colombia under subsections (b) through (d) of 

16 section 3204 of the Emergency Supplemental 

17 Act, 2000 (division B of Public Law 106–246; 

18 114 Stat. 576); 

19 ‘‘(B) shall be subject to the condition that 

20 no United States Armed Forces personnel and 

21 no employees of United States contractors par22 ticipate in any combat operation in connection 

23 with such assistance; and 

24 ‘‘(C) shall be subject to the condition that 

25 the Government of Colombia is fulfilling its 
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1 commitment to the United States with respect 

2 to its human rights practices, including the spe3 cific conditions set forth in subparagraphs (A) 

4 through (E) of section 564(a)(2) of the Foreign 

5 Operations, Export Financing, and Related 

6 Programs Appropriations Act, 2003 (division E 

7 of Public Law 108–7; 117 Stat. 205).’’. 

8 SEC. 2122. ECONOMIC SUPPORT FUND. 

9 (a) AUTHORIZATION OF APPROPRIATIONS.—Section 

10 532(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 

11 2346a(a)) is amended to read as follows: 

12 ‘‘(a) There is authorized to be appropriated to the 

13 President to carry out the purposes of this chapter 

14 $2,520,000,000 for fiscal year 2005.’’. 

15 (b) AUTHORIZATION OF ASSISTANCE FOR ISRAEL.—

16 Section 513(b)(1) of the Security Assistance Act of 2000 

17 (Public Law 106–280; 114 Stat. 856), as amended by sec18 tion 1221(a) of the Security Assistance Act of 2002 (divi19 sion B of Public Law 107–228; 116 Stat. 1430), is further 

20 amended—

21 (1) by striking ‘‘each of the fiscal years 2002 

22 and 2003’’ and inserting ‘‘fiscal year 2005’’; and 

23 (2) by striking ‘‘each such’’ and inserting 

24 ‘‘such’’. 
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1 (c) AUTHORIZATION OF ASSISTANCE FOR EGYPT.—

2 Section 514(b)(1) of the Security Assistance Act of 2000 

3 (114 Stat. 857), as amended by section 1221(b) of the 

4 Security Assistance Act of 2002 (116 Stat. 1430), is fur5 ther amended—

6 (1) by striking ‘‘each of the fiscal years 2002 

7 and 2003’’ and inserting ‘‘fiscal year 2005’’; and 

8 (2) by striking ‘‘each such’’ and inserting 

9 ‘‘such’’. 

10 SEC. 2123. INTERNATIONAL MILITARY EDUCATION AND 

11 TRAINING. 

12 Section 542 of the Foreign Assistance Act of 1961 

13 (22 U.S.C. 2347a) is amended by striking ‘‘There are au14 thorized’’ and all that follows through ‘‘fiscal year 1987’’ 

15 and inserting ‘‘There is authorized to be appropriated to 

16 the President to carry out the purposes of this chapter 

17 $89,730,000 for the fiscal year 2005’’. 

18 SEC. 2124. PEACEKEEPING OPERATIONS. 

19 Section 552(a) of the Foreign Assistance Act of 1961 

20 (22 U.S.C. 2348a(a)) is amended by striking ‘‘There are 

21 authorized’’ and all that follows through ‘‘fiscal year 

22 1987’’ and inserting ‘‘There is authorized to be appro23 priated to the President to carry out the purposes of this 

24 chapter, in addition to amounts otherwise available for 

25 such purposes, $104,000,000 for the fiscal year 2005’’.
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1 SEC. 2125. NONPROLIFERATION, ANTI-TERRORISM, 

2 DEMINING, AND RELATED ASSISTANCE. 

3 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated to the President for fiscal 

5 year 2005, $485,200,000 for Nonproliferation, Anti-Ter6 rorism, Demining, and Related Programs for the purpose 

7 of carrying out nonproliferation, anti-terrorism, demining, 

8 and related programs and activities under—

9 (1) chapter 8 of part II of the Foreign Assist10 ance Act of 1961 (22 U.S.C. 2349aa et seq.); 

11 (2) chapter 9 of part II of the Foreign Assist12 ance Act of 1961 (22 U.S.C. 2349bb et seq.); 

13 (3) section 551 of the Foreign Assistance Act 

14 of 1961 (22 U.S.C. 2348), as amended by section 

15 2212 of this Act, to the extent such assistance is 

16 used for activities identified in the last sentence of 

17 that section, including not to exceed $675,000 for 

18 administrative expenses related to such activities, 

19 which amount shall be in addition to funds otherwise 

20 made available for such purposes; 

21 (4) section 504 of the FREEDOM Support Act 

22 (22 U.S.C. 5854) and programs under the Non23 proliferation and Disarmament Fund to promote bi24 lateral and multilateral activities relating to non25 proliferation and disarmament, notwithstanding any 

26 other provision of law, including, when in the na-
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1 tional security interests of the United States, with 

2 respect to international organizations and countries 

3 other than the independent states of the former So4 viet Union; 

5 (5) section 23 of the Arms Export Control Act 

6 (22 U.S.C. 2763), for demining activities, the clear7 ance of unexploded ordnance, the destruction of 

8 small arms, and related activities, notwithstanding 

9 any other provision of law; 

10 (6) section 301 of the Foreign Assistance Act 

11 of 1961 (22 U.S.C. 2221); 

12 (7) the Radiological Terrorism Security Act of 

13 2004 under title XXIII of this Act; and 

14 (8) the Global Pathogen Surveillance Act of 

15 2004 under title XXIV of this Act. 

16 (b) AVAILABILITY.—Amounts appropriated under 

17 this section for the purpose specified in subsection (a)—

18 (1) are authorized to remain available until ex19 pended; and 

20 (2) are in addition to amounts otherwise avail21 able for that purpose. 

22 SEC. 2126. FOREIGN MILITARY FINANCING PROGRAM. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated to the President for grant 

25 assistance under section 23 of the Arms Export Control 
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1 Act (22 U.S.C. 2763), $4,957,500,000 for fiscal year 

2 2005. 

3 (b) ASSISTANCE FOR ISRAEL.—Section 513(c) of the 

4 Security Assistance Act of 2000 (Public Law 106–280; 

5 114 Stat. 856), as amended by section 1221(a) of the Se6 curity Assistance Act of 2002 (division B of Public Law 

7 107–228; 116 Stat. 1430), is further amended—

8 (1) in paragraph (1)—

9 (A) by striking ‘‘each of the fiscal years 

10 2002 and 2003’’ and inserting ‘‘fiscal year 

11 2005’’; and 

12 (B) by striking ‘‘each such’’ and inserting 

13 ‘‘such’’; 

14 (2) in paragraph (3), by striking ‘‘Funds au15 thorized’’ and all that follows through ‘‘later.’’ and 

16 inserting ‘‘Funds authorized to be available for 

17 Israel under subsection (b)(1) and paragraph (1) for 

18 fiscal year 2005 shall be disbursed not later than 30 

19 days after the date of the enactment of an Act mak20 ing appropriations for foreign operations, export fi21 nancing, and related programs for fiscal year 2005, 

22 or October 31, 2004, whichever is later’’; and 

23 (3) in paragraph (4)—

24 (A) by striking ‘‘fiscal years 2002 and 

25 2003’’ and inserting ‘‘fiscal year 2005’’; and 
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1 (B) by striking ‘‘$535,000,000 for fiscal 

2 year 2002 and not less than $550,000,000 for 

3 fiscal year 2003’’ and inserting 

4 ‘‘$580,000,000’’. 

5 (c) ASSISTANCE FOR EGYPT.—Section 514 of the Se6 curity Assistance Act of 2000 (114 Stat. 857), as amend7 ed by section 1221(b) of the Security Assistance Act of 

8 2002 (116 Stat. 1430), is further amended—

9 (1) in subsection (c) by striking ‘‘each of the 

10 fiscal years 2002 and 2003’’ and inserting ‘‘for fis11 cal year 2005’’; and 

12 (2) in subsection (e), by striking ‘‘Funds esti13 mated’’ and all that follows through ‘‘of the respec14 tive fiscal year, whichever is later’’ and inserting the 

15 following: ‘‘Funds estimated to be outlayed for 

16 Egypt under subsection (c) during fiscal year 2005 

17 shall be disbursed to an interest-bearing account for 

18 Egypt in the Federal Reserve Bank of New York not 

19 later than 30 days after the date of the enactment 

20 of an Act making appropriations for foreign oper21 ations, export financing, and related programs for 

22 fiscal year 2005, or by October 31, 2004, whichever 

23 is later’’.
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1 Subtitle C—Independent Agencies 

2 Authorizations 

3 SEC. 2131. INTER-AMERICAN FOUNDATION. 

4 Section 401(s)(2) of the Foreign Assistance Act of 

5 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 authorized to be appropriated 

9 $15,185,000 for fiscal year 2005’’. 

10 SEC. 2132. AFRICAN DEVELOPMENT FOUNDATION. 

11 The first sentence of section 510 of the International 

12 Security and Development Cooperation Act of 1980 (22 

13 U.S.C. 290h–8) is amended by striking ‘‘$3,872,000 for 

14 fiscal year 1986 and $3,872,000 for fiscal year 1987’’ and 

15 inserting ‘‘$17,000,000 for fiscal year 2005’’. 

16 TITLE XXII—AMENDMENTS TO 

17 GENERAL FOREIGN ASSIST18 ANCE AUTHORITIES 

19 Subtitle A—Foreign Assistance Act 

20 Amendments and Related Provi21 sions 

22 SEC. 2201. DEVELOPMENT POLICY. 

23 Section 102(b) of the Foreign Assistance Act of 1961 

24 (22 U.S.C. 2151–1(b)) is amended—

25 (1) in paragraph (5), by—
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1 (A) striking ‘‘development; and’’ and in2 serting ‘‘development;’’; and 

3 (B) inserting before the period at the end 

4 the following: ‘‘; democracy and the rule of law; 

5 and economic growth and the building of trade 

6 capacity’’; and 

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

8 paragraph: 

9 ‘‘(18) The United States development assist10 ance program should take maximum advantage of 

11 the increased participation of United States private 

12 foundations, business enterprises, and private citi13 zens in funding international development activities. 

14 The program should utilize the development experi15 ence and expertise of its personnel, its access to 

16 host-country officials, and its overseas presence to 

17 facilitate public-private alliances and to leverage pri18 vate sector resources toward the achievement of de19 velopment assistance objectives.’’.

20 SEC. 2202. ASSISTANCE FOR NONGOVERNMENTAL ORGANI21 ZATIONS. 

22 Section 123(e) of the Foreign Assistance Act of 1961 

23 (22 U.S.C. 2151u(e)) is amended to read as follows: 

24 ‘‘(e)(1) Restrictions contained in this or any other 

25 Act with respect to assistance for a country shall not be 
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1 construed to restrict assistance in support of programs of 

2 nongovernmental organizations from—

3 ‘‘(A) funds made available to carry out this 

4 chapter and chapters 10, 11, and 12 of part I (22 

5 U.S.C. 2293 et seq.) and chapter 4 of part II (22 

6 U.S.C. 2346 et seq.); or 

7 ‘‘(B) funds made available for economic assist8 ance activities under the Support for East European 

9 Democracy (SEED) Act of 1989 (22 U.S.C. 5401 et 

10 seq.). 

11 ‘‘(2) The President shall submit to Congress, in ac12 cordance with section 634A (22 U.S.C. 2394–1), advance 

13 notice of an intent to obligate funds under the authority 

14 of this subsection to furnish assistance in support of pro15 grams of nongovernmental organizations. 

16 ‘‘(3) Assistance may not be furnished through non17 governmental organizations to the central government of 

18 a country under the authority of this subsection, but as19 sistance may be furnished to local, district, or subnational 

20 government entities under such authority.’’.

21 SEC. 2203. AUTHORITY FOR USE OF FUNDS FOR UNANTICI22 PATED CONTINGENCIES. 

23 Section 451(a)(1) of the Foreign Assistance Act of 

24 1961 (22 U.S.C. 2261(a)(1)) is amended—
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1 (1) by inserting ‘‘or the Arms Export Control 

2 Act (22 U.S.C. 2751 et seq.)’’ after ‘‘chapter 1 of 

3 this part)’’; and 

4 (2) by striking ‘‘$25,000,000’’ and inserting 

5 ‘‘$50,000,000’’.

6 SEC. 2204. AUTHORITY TO ACCEPT LETHAL EXCESS PROP7 ERTY. 

8 Section 482(g) of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2191a(g)) is amended—

10 (1) by striking ‘‘(g) EXCESS PROPERTY.—For’’ 

11 and inserting the following: 

12 ‘‘(g) EXCESS PROPERTY.—

13 ‘‘(1) AUTHORITY.—For’’; 

14 (2) by striking ‘‘nonlethal’’ and inserting ‘‘(in15 cluding lethal or nonlethal property)’’; and

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

17 paragraph: 

18 ‘‘(2) NOTIFICATION.—Before obligating any 

19 funds to obtain lethal excess property under para20 graph (1), the Secretary shall submit a notification 

21 of such action to Congress in accordance with the 

22 procedures set forth in section 634A.’’. 
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1 SEC. 2205. RECONSTRUCTION ASSISTANCE UNDER INTER2 NATIONAL DISASTER ASSISTANCE AUTHOR3 ITY. 

4 Section 491 of the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2292) is amended—

6 (1) in subsection (a), by striking ‘‘disasters.’’ 

7 and inserting ‘‘disasters and for programs of recon8 struction following such disasters.’’; 

9 (2) in subsection (b), by inserting ‘‘programs of 

10 reconstruction following disasters,’’ after ‘‘prepared11 ness,’’; and 

12 (3) in subsection (c), by striking ‘‘relief and re13 habilitation’’ and inserting ‘‘relief, rehabilitation, 

14 and reconstruction assistance’’. 

15 SEC. 2206. FUNDING AUTHORITIES FOR ASSISTANCE FOR 

16 THE INDEPENDENT STATES OF THE FORMER 

17 SOVIET UNION. 

18 Chapter 11 of part I of the Foreign Assistance Act 

19 of 1961 (22 U.S.C. 2295 et seq.) is amended—

20 (1) in section 498B(j)(1) (22 U.S.C. 

21 2295b(j)(1))—

22 (A) by striking ‘‘authorized to be appro23 priated for fiscal year 1993 by’’ and inserting 

24 ‘‘made available to carry out’’; and 

25 (B) by striking ‘‘appropriated for fiscal 

26 year 1993’’; and 
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1 (2) in section 498C(b)(1) (22 U.S.C. 

2 2295c(b)(1)), by striking ‘‘under subsection (a)’’ and 

3 inserting ‘‘to carry out this chapter’’. 

4 SEC. 2207. WAIVER OF NET PROCEEDS RESULTING FROM 

5 DISPOSAL OF UNITED STATES DEFENSE AR6 TICLES PROVIDED TO A FOREIGN COUNTRY 

7 ON A GRANT BASIS. 

8 Section 505(f) of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2314(f)) is amended by striking ‘‘In the case 

10 of items which were delivered prior to 1985, the’’ in the 

11 second sentence and inserting ‘‘The’’. 

12 SEC. 2208. TRANSFER OF CERTAIN OBSOLETE OR SURPLUS 

13 DEFENSE ARTICLES IN THE WAR RESERVE 

14 STOCKPILES FOR ALLIES TO ISRAEL. 

15 (a) TRANSFERS FOR CONCESSIONS.—

16 (1) AUTHORITY.—Notwithstanding section 514 

17 of the Foreign Assistance Act of 1961 (22 U.S.C. 

18 2231h), the President may transfer to Israel, in ex19 change for concessions to be negotiated by the Sec20 retary of Defense, with the concurrence of the Sec21 retary, any or all of the items described in para22 graph (2). 

23 (2) COVERED ITEMS.—The items referred to in 

24 paragraph (1) are armor, artillery, automatic weap-
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1 ons ammunition, missiles, and other munitions 

2 that—

3 (A) are obsolete or surplus items; 

4 (B) are in the inventory of the Department 

5 of Defense; 

6 (C) are intended for use as reserve stocks 

7 for Israel; and 

8 (D) as of the date of enactment of this 

9 Act, are located in a stockpile in Israel. 

10 (b) VALUE OF CONCESSIONS.—The value of conces11 sions negotiated pursuant to subsection (a) shall be at 

12 least equal to the fair market value of the items trans13 ferred. The concessions may include cash compensation, 

14 services, waiver of charges otherwise payable by the 

15 United States, and other items of value. 

16 (c) ADVANCE NOTIFICATION OF TRANSFERS.—Not 

17 later than 30 days before making a transfer under the 

18 authority of this section, the President shall transmit a 

19 notification of the proposed transfer to the Committees on 

20 Foreign Relations and Armed Services of the Senate and 

21 the Committees on International Relations and Armed 

22 Services of the House of Representatives. The notification 

23 shall identify the items to be transferred and the conces24 sions to be received.
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1 (d) EXPIRATION OF AUTHORITY.—No transfer may 

2 be made under the authority of this section more than 5 

3 years after the date of the enactment of this Act. 

4 SEC. 2209. ADDITIONS TO WAR RESERVE STOCKPILES FOR 

5 ALLIES FOR FISCAL YEARS 2004 AND 2005. 

6 Section 514(b)(2) of the Foreign Assistance Act of 

7 1961 (22 U.S.C. 2321h(b)(2)) is amended—

8 (1) in subparagraph (A), by striking ‘‘for fiscal 

9 year 2003’’ and inserting ‘‘for each of fiscal years 

10 2004 and 2005’’; and 

11 (2) in subparagraph (B), by striking ‘‘for fiscal 

12 year 2003’’ and inserting ‘‘for a fiscal year’’. 

13 SEC. 2210. RESTRICTIONS ON ECONOMIC SUPPORT FUNDS 

14 FOR LEBANON. 

15 Section 1224 of the Foreign Relations Authorization 

16 Act, Fiscal Year 2003 (22 U.S.C. 2346 note) is amended 

17 by adding at the end the following subsection: 

18 ‘‘(c) EXCEPTION.—Subsection (a) does not apply to 

19 assistance made available to address the needs of southern 

20 Lebanon.’’. 

21 SEC. 2211. ADMINISTRATION OF JUSTICE. 

22 Section 534 of the Foreign Assistance Act of 1961 

23 (22 U.S.C. 2346c) is amended—

24 (1) in subsection (a), by striking ‘‘in countries 

25 in Latin America and the Caribbean’’; 
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1 (2) in subsection (b)(3)—

2 (A) in subparagraph (C), by striking 

3 ‘‘and’’; 

4 (B) in subparagraph (D), by inserting 

5 ‘‘and’’; and 

6 (C) by adding at the end the following new 

7 subparagraph: 

8 ‘‘(E) programs to enhance the protection 

9 of participants in judicial cases;’’; 

10 (3) by striking subsection (c); 

11 (4) in subsection (e), by striking the second and 

12 third sentences; and

13 (5) by redesignating subsections (d) and (e) as 

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

15 SEC. 2212. DEMINING PROGRAMS. 

16 (a) CLARIFICATION OF AUTHORITY.—Section 551 of 

17 the Foreign Assistance Act of 1961 (22 U.S.C. 2348) is 

18 amended— 

19 (1) in the second sentence, by striking ‘‘Such 

20 assistance may include reimbursements’’ and insert21 ing ‘‘Such assistance may include the following: 

22 ‘‘(1) Reimbursements’’; and 

23 (2) by adding at the end the following: 

24 ‘‘(2) Demining activities, clearance of 

25 unexploded ordnance, destruction of small arms, and 
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1 related activities, notwithstanding any other provi2 sion of law.’’. 

3 (b) DISPOSAL OF DEMINING EQUIPMENT.—Notwith4 standing any other provision of law, demining equipment 

5 available to the United States Agency for International 

6 Development and the Department and used in support of 

7 the clearance of landmines and unexploded ordnance for 

8 humanitarian purposes, may be disposed of on a grant 

9 basis in foreign countries, subject to such terms and condi10 tions as the President determines appropriate. 

11 (c) LANDMINE AWARENESS PROGRAM FOR THE

12 CHILDREN OF AFGHANISTAN AND OTHER CHILDREN AT

13 RISK IN AREAS OF CONFLICT.—

14 (1) FINDINGS.—Congress makes the following 

15 findings: 

16 (A) Most landmines in Afghanistan were 

17 laid between 1980 and 1992. 

18 (B) Additional landmines were laid be19 tween 1992 and 1996, during the conflict be20 tween the Taliban and the Northern Alliance. 

21 (C) United States bombings against the 

22 Taliban in 2001 and 2002 further increased the 

23 unexploded ordinance and cluster bombs 

24 throughout Afghanistan. 
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1 (D) The clearance of landmines is a slow 

2 and expensive process. 

3 (E) Certain types of landmines and other 

4 unexploded ordinance are small, brightly col5 ored, and attractive to children. 

6 (F) More than 150 Afghans, many of them 

7 children, are injured every month by these 

8 weapons. 

9 (G) In 2003, reconstituted Taliban forces 

10 have sought out and attacked workers clearing 

11 landmines, in an attempt to discredit the Gov12 ernment of President Karzai and the United 

13 States military presence. 

14 (H) In May 2003, after a string of Taliban 

15 attacks in which mine removal workers were 

16 killed or seriously injured, the United Nations 

17 suspended all mine-clearing operations in much 

18 of southern Afghanistan. 

19 (I) Effective landmine awareness programs 

20 targeted to children could save lives in Afghani21 stan and in other areas of conflict where 

22 unexploded ordinance are a danger to the safety 

23 of children. 

24 (2) AUTHORIZATION.—The President is author25 ized to furnish assistance to fund innovative pro-
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1 grams designed to educate children in Afghanistan 

2 and other affected areas about the dangers of land3 mines and other unexploded ordinances, especially 

4 those proposed by organizations with extensive back5 ground in children’s educational programs. 

6 (3) AUTHORIZATION OF APPROPRIATIONS.—In 

7 addition to funds otherwise authorized to be appro8 priated for demining and related activities under the 

9 Foreign Assistance Act of 1961 (22 U.S.C. 2151 et 

10 seq.), there are authorized to be appropriated for fis11 cal year 2005 such sums as may be necessary to 

12 carry out the purposes of this subsection. 

13 SEC. 2213. SPECIAL WAIVER AUTHORITY. 

14 (a) REVISION OF AUTHORITY.—Section 614 of the 

15 Foreign Assistance Act of 1961 (22 U.S.C. 2364) is 

16 amended in subsection (a) by—

17 (1) striking paragraphs (1) and (2) and insert18 ing the following new paragraph: 

19 ‘‘(1) The President may authorize any assistance, 

20 sale, or other action under this Act, the Arms Export Con21 trol Act (22 U.S.C. 2751 et seq.), or any other law that 

22 authorizes the furnishing of foreign assistance or the ap23 propriation of funds for foreign assistance, without regard 

24 to any of the provisions described in subsection (b) if the 

25 President determines, and notifies the Committees on For-
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1 eign Relations and Appropriations of the Senate and the 

2 Committees on International Relations and Appropria3 tions of the House of Representatives in writing—

4 ‘‘(A) with respect to assistance or other actions 

5 under chapter 2 or 5 of part II of this Act, or sales 

6 or other actions under the Arms Export Control Act 

7 (22 U.S.C. 2751 et seq.), that to do so is vital to 

8 the national security interests of the United States; 

9 and 

10 ‘‘(B) with respect to other assistance or actions, 

11 that to do so is important to the security interests 

12 of the United States.’’; and 

13 (2) redesignating paragraphs (3), (4), and (5) 

14 as paragraphs (2), (3), and (4), respectively. 

15 (b) INCREASED LIMITATION ON SINGLE COUNTRY

16 ALLOCATION.—Subsection (a)(3)(C) of such section, as 

17 redesignated, is amended by striking ‘‘$50,000,000’’ and 

18 inserting ‘‘$75,000,000’’. 

19 (c) REPEAL OF PROVISIONS RELATING TO GERMANY

20 AND A CERTIFICATION REQUIREMENT.—Section 614 of 

21 such Act is further amended by striking subsections (b) 

22 and (c). 

23 (d) INAPPLICABLE OR WAIVABLE LAWS.—Such sec24 tion, as amended by subsection (c), is further amended 

25 by adding at the end the following:
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1 ‘‘(b) INAPPLICABLE OR WAIVABLE LAWS.—The pro2 visions referred to in paragraphs (1) and (2) of subsection 

3 (a) are those set forth in any of the following: 

4 ‘‘(1) Any provision of this Act. 

5 ‘‘(2) Any provision of the Arms Export Control 

6 Act (22 U.S.C. 2751 et seq.). 

7 ‘‘(3) Any provision of law that authorizes the 

8 furnishing of foreign assistance or appropriates 

9 funds for foreign assistance.

10 ‘‘(4) Any other provision of law that restricts 

11 assistance, sales or leases, or other action under a 

12 provision of law referred to in paragraph (1), (2), or 

13 (3). 

14 ‘‘(5) Any provision of law that relates to re15 ceipts and credits accruing to the United States.’’. 

16 SEC. 2214. PROHIBITION OF ASSISTANCE FOR COUNTRIES 

17 IN DEFAULT. 

18 (a) CLARIFICATION OF PROHIBITED RECIPIENTS.—

19 Section 620(q) of the Foreign Assistance Act of 1961 (22 

20 U.S.C. 2370(q)) is amended—

21 (1) by striking ‘‘any country’’ and inserting 

22 ‘‘the government of any country’’; and 

23 (2) by striking ‘‘such country’’ each place it ap24 pears and inserting ‘‘such government’’. 
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1 (b) PERIOD OF PROHIBITION.—Such section 620(q) 

2 is further amended by striking ‘‘six calendar months’’ and 

3 inserting ‘‘one year’’. 

4 SEC. 2215. MILITARY COUPS. 

5 Section 620 of the Foreign Assistance Act of 1961 

6 (22 U.S.C. 2370) is amended by inserting after subsection 

7 (l) the following new subsection (m): 

8 ‘‘(m)(1) No assistance may be furnished under this 

9 Act or the Arms Export Control Act (22 U.S.C. 2751 et 

10 seq.) for the government of a country if the duly elected 

11 head of government for such country is deposed by decree 

12 or military coup. The prohibition in the preceding sentence 

13 shall cease to apply to a country if the President deter14 mines and certifies to the Committee on Foreign Relations 

15 of the Senate and the Committee on International Rela16 tions of the House of Representatives that after the termi17 nation of assistance a democratically elected government 

18 for such country has taken office. 

19 ‘‘(2) Paragraph (1) does not apply to assistance to 

20 promote democratic elections or public participation in 

21 democratic processes. 

22 ‘‘(3) The President may waive the application of 

23 paragraph (1), and any comparable provision of law, to 

24 a country upon determining that it is important to the 

25 national security interest of the United States to do so.’’.
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1 SEC. 2216. DESIGNATION OF POSITION FOR WHICH AP2 POINTEE IS NOMINATED. 

3 Section 624 of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2584) is amended by inserting after subsection 

5 (c) the following new subsection (d): 

6 ‘‘(d) NOMINATION OF OFFICERS.—Whenever the 

7 President submits to the Senate a nomination of an indi8 vidual for appointment to a position authorized under sub9 section (a), the President shall designate the particular po10 sition in the agency for which the individual is nomi11 nated.’’.

12 SEC. 2217. EXCEPTIONS TO REQUIREMENT FOR CONGRES13 SIONAL NOTIFICATION OF PROGRAM 

14 CHANGES. 

15 Section 634A(b) of the Foreign Assistance Act of 

16 1961 (22 U.S.C. 2394–1(b)) is amended—

17 (1) by striking ‘‘or’’ at the end of paragraph 

18 (1); 

19 (2) by striking the period at the end of para20 graph (2) and inserting a semicolon; and 

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

22 paragraphs: 

23 ‘‘(3) of funds if the advance notification would 

24 pose a substantial risk to human health or welfare, 

25 but such notification shall be provided to the com-
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•S 2144 IS 

1 mittees of Congress named in subsection (a) not 

2 later than 3 days after the action is taken; or 

3 ‘‘(4) of funds made available under section 23 

4 of the Arms Export Control Act (22 U.S.C. 2763) 

5 for the provision of major defense equipment (other 

6 than conventional ammunition), aircraft, ships, mis7 siles, or combat vehicles in quantities not in excess 

8 of 20 percent of the quantities previously justified 

9 under section 25 of such Act (22 U.S.C. 2765).’’.

10 SEC. 2218. COMMITMENTS FOR EXPENDITURES OF FUNDS. 

11 Section 635(h) of the Foreign Assistance Act of 1961 

12 (22 U.S.C. 2395(h)) is amended by striking ‘‘available’’ 

13 and all that follows through ‘‘may,’’ and inserting ‘‘made 

14 available under this Act may,’’.

15 SEC. 2219. ALTERNATIVE DISPUTE RESOLUTION. 

16 Section 635(i) of the Foreign Assistance Act of 1961 

17 (22 U.S.C. 2395(i)) is amended to read as follows: 

18 ‘‘(i) Notwithstanding any other provision of law, 

19 claims arising as a result of operations under this Act may 

20 be settled (including by use of alternative dispute resolu21 tion procedures) or arbitrated with the consent of the par22 ties. Payment made pursuant to any such settlement or 

23 arbitration shall be final and conclusive.’’.
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1 SEC. 2220. ADMINISTRATIVE AUTHORITIES. 

2 Section 636 of the Foreign Assistance Act of 1961 

3 (22 U.S.C. 2396) is amended—

4 (1) in subsection (a)—

5 (A) in paragraph (3), by—

6 (i) striking ‘‘abroad’’; and 

7 (ii) striking ‘‘Civil Service Commis8 sion’’ and inserting ‘‘Office of Personnel 

9 Management’’; 

10 (B) by striking paragraph (5) and insert11 ing the following: 

12 ‘‘(5) purchase and hire of passenger motor vehi13 cles;’’; and 

14 (C) in paragraph (10), by striking ‘‘for not 

15 to exceed ten years’’; 

16 (2) in subsection (c), by striking ‘‘not to exceed 

17 $6,000,000 of the’’; and 

18 (3) in subsection (d), by striking ‘‘Not to ex19 ceed $2,500,000 of funds’’ and inserting ‘‘Funds’’.

20 SEC. 2221. ASSISTANCE FOR LAW ENFORCEMENT FORCES. 

21 Section 660 of the Foreign Assistance Act of 1961 

22 (22 U.S.C. 2420) is amended—

23 (1) in subsection (b)—

24 (A) in paragraph (6), by striking ‘‘and the 

25 provision of professional’’ and all that follows 

26 through ‘‘democracy’’ and inserting ‘‘including
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1 any regional, district, municipal, or other sub2 national entity emerging from instability’’; 

3 (B) by striking the period at the end of 

4 paragraph (7) and inserting a semicolon; and 

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

6 paragraphs: 

7 ‘‘(8) with respect to assistance to combat cor8 ruption in furtherance of the objectives for which 

9 programs are authorized to be established under sec10 tion 133 of this Act (22 U.S.C. 2152c);

11 ‘‘(9) with respect to the provision of profes12 sional public safety training, including training in 

13 internationally recognized standards of human 

14 rights, the rule of law, and the promotion of civilian 

15 police roles that support democracy; and 

16 ‘‘(10) with respect to assistance to combat traf17 ficking in persons.’’; and 

18 (2) by striking subsection (d) and inserting the 

19 following: 

20 ‘‘(d) Subsection (a) does not apply to assistance for 

21 law enforcement forces for which the Secretary, on a case22 by-case basis, determines that it is important to the na23 tional interest of the United States to furnish such assist24 ance and submits to the committees of the Congress re25 ferred to in subsection (a) of section 634A of this Act (22 
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•S 2144 IS 

1 U.S.C. 2394–1) an advance notification of the obligation 

2 of funds for such assistance in accordance with such sec3 tion 634A.’’.

4 SEC. 2222. SPECIAL DEBT RELIEF FOR THE POOREST. 

5 The Foreign Assistance Act of 1961 is amended by 

6 adding at the end the following: 

7 ‘‘PART VI—SPECIAL DEBT RELIEF FOR THE 

8 POOREST 

9 ‘‘SEC. 901. SPECIAL DEBT RELIEF FOR THE POOREST. 

10 ‘‘(a) AUTHORITY.—Subject to subsections (b) and 

11 (c), the President may reduce amounts owed to the United 

12 States (or any agency of the United States) by an eligible 

13 country as a result of any of the following transactions: 

14 ‘‘(1) Concessional loans extended under part I 

15 of this Act, or chapter 4 of part II of this Act, or 

16 antecedent foreign economic assistance laws. 

17 ‘‘(2) Guarantees issued under sections 221 and 

18 222 of this Act. 

19 ‘‘(3) Credits extended or guarantees issued 

20 under the Arms Export Control Act (22 U.S.C. 

21 2751 et seq.). 

22 ‘‘(4) Any obligation, or portion of such obliga23 tion, to pay for purchases of United States agricul24 tural commodities guaranteed by the Commodity 
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•S 2144 IS 

1 Credit Corporation under export credit guarantee 

2 programs authorized pursuant to—

3 ‘‘(A) section 5(f) of the Commodity Credit 

4 Corporation Charter Act (15 U.S.C. 714c(f)); 

5 ‘‘(B) section 201(b) of the Agricultural 

6 Trade Act of 1978 (7 U.S.C. 5621(b)); or 

7 ‘‘(C) section 202 of the Agricultural Trade 

8 Act of 1978 (7 U.S.C. 5622). 

9 ‘‘(b) GENERAL LIMITATIONS.—

10 ‘‘(1) EXCLUSIVE CONDITIONS.—The authority 

11 provided in subsection (a) may be exercised—

12 ‘‘(A) only to implement multilateral official 

13 debt relief and referendum agreements, com14 monly referred to as ‘Paris Club Agreed Min15 utes’; 

16 ‘‘(B) only in such amounts or to such ex17 tent as is provided in advance in appropriations 

18 Acts; and 

19 ‘‘(C) only with respect to countries with 

20 heavy debt burdens that—

21 ‘‘(i) are eligible to borrow from the 

22 International Development Association, but 

23 not from the International Bank for Re24 construction and Development, commonly 

25 referred to as ‘IDA-only’ countries; and 
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1 ‘‘(ii) are not determined ineligible 

2 under subsection (c). 

3 ‘‘(2) ADVANCE NOTIFICATION OF CONGRESS.—

4 The authority provided by subsection (a) shall be 

5 subject to the requirements of section 634A of this 

6 Act (22 U.S.C. 2394–1). 

7 ‘‘(c) ELIGIBILITY LIMITATIONS.—The authority pro8 vided by subsection (a) may be exercised only with respect 

9 to a country the government of which, as determined by 

10 the President—

11 ‘‘(1) does not make an excessive level of mili12 tary expenditures; 

13 ‘‘(2) has not repeatedly provided support for 

14 acts of international terrorism; 

15 ‘‘(3) is not failing to cooperate on international 

16 narcotics control matters; 

17 ‘‘(4) does not engage, through its military or 

18 security forces or by other means, in a consistent 

19 pattern of gross violations of internationally recog20 nized human rights; and 

21 ‘‘(5) is not ineligible for assistance under sec22 tion 527 of the Foreign Relations Authorization Act, 

23 Fiscal Years 1994 and 1995 (22 U.S.C. 2370a). 

24 ‘‘(d) CERTAIN PROHIBITIONS INAPPLICABLE.—A re25 duction of debt pursuant to subsection (a) may not be con-
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1 sidered assistance for purposes of any provision of law lim2 iting assistance to a country. The authority provided in 

3 subsection (a) may be exercised notwithstanding section 

4 620(r) of this Act (22 U.S.C. 2370(r)) or section 321 of 

5 the International Development and Food Assistance Act 

6 of 1975 (22 U.S.C. 2220a note).’’.

7 SEC. 2223. CONGO BASIN FOREST PARTNERSHIP. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) Deforestation and environmental degrada11 tion in the Congo Basin in central Africa pose a 

12 major threat to the wellbeing and livelihood of the 

13 African people and to the world at large. 

14 (2) It is in the national interest of the United 

15 States to assist the countries of the Congo Basin to 

16 reduce the rate of forest degradation and loss of bio17 diversity. 

18 (3) The Congo Basin Forest Partnership, an 

19 initiative involving the Central Africa Regional Pro20 gram for the Environment of the United States 

21 Agency for International Development, and also the 

22 Department, the United States Fish and Wildlife 

23 Service, the National Park Service, the National 

24 Forest Service, and National Aeronautics and Space 

25 Administration, was established to address in a vari-
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1 ety of ways the environmental conditions in the 

2 Congo Basin. 

3 (4) In partnership with nongovernmental envi4 ronmental groups, the Congo Basin Forest Partner5 ship will foster improved conservation and manage6 ment of natural resources through programs at the 

7 local, national, and regional levels to help reverse the 

8 environmental degradation of the Congo Basin. 

9 (b) SENSE OF CONGRESS.—It is the sense of Con10 gress that—

11 (1) the Congo Basin Forest Partnership pro12 gram represents a significant effort at addressing 

13 the complex environmental and development chal14 lenges in the Congo Basin; and 

15 (2) the President should make available for fis16 cal year 2005 at least the total level of assistance 

17 that the President requested for such fiscal year for 

18 all agencies participating in the Congo Basin Forest 

19 Partnership program for fiscal year 2005. 

20 SEC. 2224. LANDMINE CLEARANCE PROGRAMS. 

21 The Secretary is authorized to support cooperative 

22 arrangements commonly known as public-private partner23 ships for landmine clearance programs by grant or cooper24 ative agreement.
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1 SEC. 2225. MIDDLE EAST FOUNDATION. 

2 (a) PURPOSES.—The purposes of this section are to 

3 support, through the provision of grants, technical assist4 ance, training, and other programs, in the countries of the 

5 Middle East, the expansion of—

6 (1) civil society; 

7 (2) opportunities for political participation for 

8 all citizens; 

9 (3) protections for internationally recognized 

10 human rights, including the rights of women; 

11 (4) educational system reforms; 

12 (5) independent media; 

13 (6) policies that promote economic opportunities 

14 for citizens; 

15 (7) the rule of law; and 

16 (8) democratic processes of government. 

17 (b) MIDDLE EAST FOUNDATION.—

18 (1) DESIGNATION.—The Secretary is author19 ized to designate an appropriate private, nonprofit 

20 organization that is organized or incorporated under 

21 the laws of the United States or of a State as the 

22 Middle East Foundation (referred to in this section 

23 as the ‘‘Foundation’’). 

24 (2) FUNDING.—The Secretary is authorized to 

25 provide funding to the Foundation through the Mid26 dle East Partnership Initiative of the Department. 
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1 The Foundation shall use amounts provided under 

2 this paragraph to carry out the purposes of this sec3 tion, including through making grants and providing 

4 other assistance to entities to carry out programs for 

5 such purposes. 

6 (3) NOTIFICATION TO CONGRESSIONAL COMMIT7 TEES.—The Secretary shall notify the Committee on 

8 Foreign Relations of the Senate and the Committee 

9 on International Relations of the House of Rep10 resentatives before designating an appropriate orga11 nization as the Foundation. 

12 (c) GRANTS FOR PROJECTS.—

13 (1) FOUNDATION TO MAKE GRANTS.—The Sec14 retary shall enter into an agreement with the Foun15 dation that requires the Foundation to use the funds 

16 provided under subsection (b)(2) to make grants to 

17 persons (other than governments or government en18 tities) located in the Middle East or working with 

19 local partners based in the Middle East to carry out 

20 projects that support the purposes specified in sub21 section (a). 

22 (2) CENTER FOR PUBLIC POLICY.—Under the 

23 agreement described in paragraph (1), the Founda24 tion may make a grant to an institution of higher 

25 education located in the Middle East to create a cen-
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1 ter for public policy for the purpose of permitting 

2 scholars and professionals from the countries of the 

3 Middle East and from other countries, including the 

4 United States, to carry out research, training pro5 grams, and other activities to inform public policy6 making in the Middle East and to promote broad 

7 economic, social, and political reform for the people 

8 of the Middle East. 

9 (3) APPLICATIONS FOR GRANTS.—An entity 

10 seeking a grant from the Foundation under this sec11 tion shall submit an application to the head of the 

12 Foundation at such time, in such manner, and in13 cluding such information as the head of the Founda14 tion may reasonably require. 

15 (d) PRIVATE CHARACTER OF THE FOUNDATION.—

16 Nothing in this section shall be construed to—

17 (1) make the Foundation an agency or estab18 lishment of the United States Government, or to 

19 make the officers or employees of the Foundation of20 ficers or employees of the United States for purposes 

21 of title 5, United States Code; or 

22 (2) to impose any restriction on the Founda23 tion’s acceptance of funds from private and public 

24 sources in support of its activities consistent with 

25 the purposes of this section. 
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1 (e) LIMITATION ON PAYMENTS TO FOUNDATION

2 PERSONNEL.—No part of the funds provided to the Foun3 dation under this section shall inure to the benefit of any 

4 officer or employee of the Foundation, except as salary 

5 or reasonable compensation for services. 

6 (f) RETENTION OF INTEREST.—The Foundation may 

7 hold funds provided under this section in interest-bearing 

8 accounts prior to the disbursement of such funds to carry 

9 out the purposes of this section, and may retain for use 

10 for such purposes any interest earned without returning 

11 such interest to the Treasury of the United States and 

12 without further appropriation by Congress. 

13 (g) FINANCIAL ACCOUNTABILITY.—

14 (1) INDEPENDENT PRIVATE AUDITS OF THE

15 FOUNDATION.—The accounts of the Foundation 

16 shall be audited annually in accordance with gen17 erally accepted auditing standards by independent 

18 certified public accountants or independent licensed 

19 public accountants certified or licensed by a regu20 latory authority of a State or other political subdivi21 sion of the United States. The report of the inde22 pendent audit shall be included in the annual report 

23 required by subsection (h). 

24 (2) GAO AUDITS.—The financial transactions 

25 undertaken pursuant to this section by the Founda-
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1 tion may be audited by the General Accounting Of2 fice in accordance with such principles and proce3 dures and under such rules and regulations as may 

4 be prescribed by the Comptroller General of the 

5 United States.

6 (3) AUDITS OF GRANT RECIPIENTS.—

7 (A) IN GENERAL.—A recipient of a grant 

8 from the Foundation shall agree to permit an 

9 audit of the books and records of such recipient 

10 related to the use of the grant funds. 

11 (B) RECORDKEEPING.—Such recipient 

12 shall maintain appropriate books and records to 

13 facilitate an audit referred to subparagraph 

14 (A), including—

15 (i) separate accounts with respect to 

16 the grant funds; 

17 (ii) records that fully disclose the use 

18 of the grant funds; 

19 (iii) records describing the total cost 

20 of any project carried out using grant 

21 funds; and 

22 (iv) the amount and nature of any 

23 funds received from other sources that 

24 were combined with the grant funds to 

25 carry out a project.
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1 (h) ANNUAL REPORTS.—Not later than January 31, 

2 2006, and annually thereafter, the Foundation shall sub3 mit to Congress and make available to the public an an4 nual report that includes, for the fiscal year prior to the 

5 fiscal year in which the report is submitted, a comprehen6 sive and detailed description of—

7 (1) the operations and activities of the Founda8 tion that were carried out using funds provided 

9 under this section; 

10 (2) grants made by the Foundation to other en11 tities with funds provided under this section; 

12 (3) other activities of the Foundation to further 

13 the purposes of this section; and 

14 (4) the financial condition of the Foundation. 

15 Subtitle B—Arms Export Control 

16 Act Amendments and Related 

17 Provisions

18 SEC. 2231. THRESHOLDS FOR ADVANCE NOTICE TO CON19 GRESS OF SALES OR UPGRADES OF DEFENSE 

20 ARTICLES, DESIGN AND CONSTRUCTION 

21 SERVICES, AND MAJOR DEFENSE EQUIP22 MENT. 

23 (a) LETTERS OF OFFER TO SELL.—Subsection (b) 

24 of section 36 of the Arms Export Control Act (22 U.S.C. 

25 2776) is amended—
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1 (1) in the first sentence of paragraph (1)—

2 (A) by striking ‘‘Subject to paragraph (6), 

3 in’’ and inserting ‘‘In’’; 

4 (B) by striking ‘‘$50,000,000’’ and insert5 ing ‘‘$100,000,000’’; 

6 (C) by striking ‘‘services for 

7 $200,000,000’’ and inserting ‘‘services for 

8 $350,000,000’’; 

9 (D) by striking ‘‘$14,000,000’’ and insert10 ing ‘‘$50,000,000’’; and 

11 (E) by inserting ‘‘and in other cases if the 

12 President determines it is appropriate,’’ before 

13 ‘‘before such letter’’; 

14 (2) in the first sentence of paragraph (5)(C)—

15 (A) by striking ‘‘Subject to paragraph (6), 

16 if’’ and inserting ‘‘If’’; 

17 (B) by striking ‘‘$14,000,000’’ and insert18 ing ‘‘$50,000,000’’; 

19 (C) by striking ‘‘$50,000,000’’ and insert20 ing ‘‘$100,000,000’’; 

21 (D) by striking ‘‘or $200,000,000’’ and in22 serting ‘‘or $350,000,000’’; and 

23 (E) by inserting ‘‘and in other cases if the 

24 President determines it is appropriate,’’ before 

25 ‘‘then the President’’; and 
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1 (3) by striking paragraph (6). 

2 (b) EXPORT LICENSES.—Subsection (c) of section 36 

3 of the Arms Export Control Act (22 U.S.C. 2776) is 

4 amended—

5 (1) in the first sentence of paragraph (1)—

6 (A) by striking ‘‘Subject to paragraph (5), 

7 in’’ and inserting ‘‘In’’; 

8 (B) by striking ‘‘$14,000,000’’ and insert9 ing ‘‘$50,000,000’’; 

10 (C) by striking ‘‘$50,000,000’’ and insert11 ing ‘‘$100,000,000’’; and 

12 (D) by inserting ‘‘and in other cases if the 

13 President determines it is appropriate,’’ before 

14 ‘‘before issuing such’’; 

15 (2) in the last sentence of paragraph (2), by 

16 striking ‘‘(A) and (B)’’ and inserting ‘‘(A), (B), and 

17 (C)’’; and 

18 (3) by striking paragraph (5). 

19 (c) PRESIDENTIAL CONSENT.—Section 3(d) of the 

20 Arms Export Control Act (22 U.S.C. 2753(d)) is amend21 ed—

22 (1) in paragraphs (1) and (3)(A)—

23 (A) by striking ‘‘Subject to paragraph (5), 

24 the’’ and inserting ‘‘The’’; 
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1 (B) by striking ‘‘$14,000,000’’ and insert2 ing ‘‘$50,000,000’’; and 

3 (C) by striking ‘‘$50,000,000’’ and insert4 ing ‘‘$100,000,000’’; and 

5 (2) by striking paragraph (5). 

6 SEC. 2232. CLARIFICATION OF REQUIREMENT FOR AD7 VANCE NOTICE TO CONGRESS OF COM8 PREHENSIVE EXPORT AUTHORIZATIONS. 

9 Subsection (d) of section 36 of the Arms Export Con10 trol Act (22 U.S.C. 2776) is amended—

11 (1) in paragraph (1)—

12 (A) by inserting ‘‘(A)’’ after ‘‘(1)’’; 

13 (B) by striking ‘‘this subsection’’ and in14 serting ‘‘this subparagraph’’; and 

15 (C) by adding at the end the following new 

16 subparagraph: 

17 ‘‘(B) Notwithstanding section 27(g), in the case of 

18 a comprehensive authorization described in section 126.14 

19 of title 22, Code of Federal Regulations (or any cor20 responding similar regulation) for the proposed export of 

21 defense articles or defense services in an amount that ex22 ceeds a limitation set forth in subsection (c)(1), before the 

23 comprehensive authorization is approved or the addition 

24 of a foreign government or other foreign partner to the 

25 comprehensive authorization is approved, the President 
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1 shall submit a certification with respect to the comprehen2 sive authorization in a manner similar to the certification 

3 required under subsection (c)(1) of this section and con4 taining comparable information, except that the last sen5 tence of such subsection shall not apply to certifications 

6 submitted pursuant to this subparagraph.’’; and 

7 (2) in paragraph (4), by striking ‘‘Approval for 

8 an agreement subject to paragraph (1) may not be 

9 given under section 38’’ and inserting ‘‘Approval for 

10 an agreement subject to paragraph (1)(A), or for a 

11 comprehensive authorization subject to paragraph 

12 (1)(B), may not be given under section 38 or section 

13 126.14 of title 22, Code of Federal Regulations (or 

14 any corresponding similar regulation), as the case 

15 may be,’’. 

16 SEC. 2233. EXCEPTION TO BILATERAL AGREEMENT RE17 QUIREMENTS FOR TRANSFERS OF DEFENSE 

18 ITEMS. 

19 (a) FINDINGS.—Congress makes the following find20 ings: 

21 (1) Close defense cooperation between the 

22 United States and each of the United Kingdom and 

23 Australia requires interoperability among the armed 

24 forces of those countries.
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1 (2) The need for interoperability must be bal2 anced with the need for appropriate and effective 

3 regulation of trade in defense items. 

4 (3) The Arms Export Control Act (22 U.S.C. 

5 2751 et seq.) authorizes the executive branch to ad6 minister arms export policies enacted by Congress in 

7 the exercise of its constitutional power to regulate 

8 commerce with foreign nations. 

9 (4) The executive branch has exercised its au10 thority under the Arms Export Control Act, in part, 

11 through the International Traffic in Arms Regula12 tions. 

13 (5) Agreements to gain exemption from the 

14 International Traffic in Arms Regulations must be 

15 submitted to Congress for review. 

16 (b) DEFINITIONS.—In this section: 

17 (1) DEFENSE ITEMS.—The term ‘‘defense 

18 items’’ has the meaning given the term in section 38 

19 of the Arms Export Control Act (22 U.S.C. 2778). 

20 (2) INTERNATIONAL TRAFFIC IN ARMS REGULA21 TIONS.—The term ‘‘International Traffic in Arms 

22 Regulations’’ means the regulations maintained 

23 under parts 120 through 130 of title 22, Code of 

24 Federal Regulations, and any successor regulations. 
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1 (c) EXCEPTIONS FROM BILATERAL AGREEMENT RE2 QUIREMENTS.—

3 (1) IN GENERAL.—Subsection (j) of section 38 

4 of the Arms Export Control Act (22 U.S.C. 2778) 

5 is amended—

6 (A) by redesignating paragraph (4) as 

7 paragraph (5); and 

8 (B) by inserting after paragraph (3) the 

9 following new paragraph (4): 

10 ‘‘(4) EXCEPTIONS FROM BILATERAL AGREE11 MENT REQUIREMENTS.—

12 ‘‘(A) AUSTRALIA.—Subject to the provi13 sions of section 2233 of the Foreign Assistance 

14 Authorization Act, Fiscal Year 2005, the re15 quirements for a bilateral agreement described 

16 in paragraph (2)(A) shall not apply to a bilat17 eral agreement between the United States Gov18 ernment and the Government of Australia with 

19 respect to transfers or changes in end use of 

20 defense items within Australia that will remain 

21 subject to the licensing requirements of this Act 

22 after such agreement enters into force. 

23 ‘‘(B) UNITED KINGDOM.—Subject to the 

24 provisions of section 2233 of the Foreign As25 sistance Authorization Act, Fiscal Year 2005, 
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1 the requirements for a bilateral agreement de2 scribed in paragraphs (1)(A)(ii), (2)(A)(i), and 

3 (2)(A)(ii) shall not apply to a bilateral agree4 ment between the United States Government 

5 and the Government of the United Kingdom for 

6 an exemption from the licensing requirements 

7 of this Act.’’. 

8 (2) CONFORMING AMENDMENT.—Paragraph (2) 

9 of such subsection is amended in the matter pre10 ceding subparagraph (A) by striking ‘‘A bilateral 

11 agreement’’ and inserting ‘‘Except as provided in 

12 paragraph (4), a bilateral agreement’’. 

13 (d) CERTIFICATIONS.—Not later than 30 days before 

14 authorizing an exemption from the licensing requirements 

15 of the International Traffic in Arms Regulations in ac16 cordance with any bilateral agreement entered into with 

17 the United Kingdom or Australia under section 38(j) of 

18 the Arms Export Control Act (22 U.S.C. 2778(j)), as 

19 amended by subsection (c), the President shall certify to 

20 the appropriate congressional committees that such agree21 ment—

22 (1) is in the national interest of the United 

23 States and will not in any way affect the goals and 

24 policy of the United States under section 1 of the 

25 Arms Export Control Act (22 U.S.C. 2751); 
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1 (2) does not adversely affect the efficacy of the 

2 International Traffic in Arms Regulations to provide 

3 consistent and adequate controls for licensed exports 

4 of United States defense items; and 

5 (3) will not adversely affect the duties or re6 quirements of the Secretary under the Arms Export 

7 Control Act. 

8 (e) NOTIFICATION OF BILATERAL LICENSING EX9 EMPTIONS.—Not later than 30 days before authorizing an 

10 exemption from the licensing requirements of the Inter11 national Traffic in Arms Regulations in accordance with 

12 any bilateral agreement entered into with the United 

13 Kingdom or Australia under section 38(j) of the Arms Ex14 port Control Act (22 U.S.C. 2778(j)), as amended by sub15 section (c), the President shall submit to the appropriate 

16 congressional committees the text of the regulations that 

17 authorize such a licensing exemption. 

18 (f) REPORT ON CONSULTATION ISSUES.—Not later 

19 than one year after the date of the enactment of this Act 

20 and annually thereafter for each of the following 5 years, 

21 the President shall submit to the appropriate congres22 sional committees a report on issues raised during the pre23 vious year in consultations conducted under the terms of 

24 any bilateral agreement entered into with Australia under 

25 section 38(j) of the Arms Export Control Act, or under 
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1 the terms of any bilateral agreement entered into with the 

2 United Kingdom under such section, for exemption from 

3 the licensing requirements of the Arms Export Control Act 

4 (22 U.S.C. 2751 et seq.). Each report shall contain—

5 (1) detailed information on any notifications or 

6 consultations between the United States and the 

7 United Kingdom under the terms of any agreement 

8 with the United Kingdom, or between the United 

9 States and Australia under the terms of any agree10 ment with Australia, concerning the modification, 

11 deletion, or addition of defense items on the United 

12 States Munitions List, the United Kingdom Military 

13 List, or the Australian Defense and Strategic Goods 

14 List; 

15 (2) a list of all United Kingdom or Australia 

16 persons and entities that have been designated as 

17 qualified persons eligible to receive United States or18 igin defense items exempt from the licensing require19 ments of the Arms Export Control Act under the 

20 terms of such agreements, and listing any modifica21 tion, deletion, or addition to such lists, pursuant to 

22 the requirements of any agreement with the United 

23 Kingdom or any agreement with Australia; 

24 (3) detailed information on consultations or 

25 steps taken pursuant to any agreement with the
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1 United Kingdom or any agreement with Australia 

2 concerning cooperation and consultation with either 

3 government on the effectiveness of the defense trade 

4 control systems of such government; 

5 (4) detailed information on provisions and pro6 cedures undertaken pursuant to—

7 (A) any agreement with the United King8 dom with respect to the handling of United 

9 States origin defense items exempt from the li10 censing requirements of the Arms Export Con11 trol Act by persons and entities qualified to re12 ceive such items in the United Kingdom; and 

13 (B) any agreement with Australia with re14 spect to the handling of United States origin 

15 defense items exempt from the licensing re16 quirements of the Arms Export Control Act by 

17 persons and entities qualified to receive such 

18 items in Australia; 

19 (5) detailed information on any new under20 standings, including the text of such understandings, 

21 between the United States and the United Kingdom 

22 concerning retransfer of United States origin de23 fense items made pursuant to any agreement with 

24 the United Kingdom to gain exemption from the li-
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1 censing requirements of the Arms Export Control 

2 Act; 

3 (6) detailed information on consultations with 

4 the Government of the United Kingdom or the Gov5 ernment of Australia concerning the legal enforce6 ment of any such agreements; 

7 (7) detailed information on United States origin 

8 defense items with respect to which the United 

9 States has provided an exception under the Memo10 randum of Understanding between the United States 

11 and the United Kingdom and any agreement be12 tween the United States and Australia from the re13 quirement for United States Government re-export 

14 consent that was not provided for under United 

15 States laws and regulations in effect on the date of 

16 the enactment of this Act; and 

17 (8) detailed information on any significant con18 cerns that have arisen between the Government of 

19 Australia or the Government of the United Kingdom 

20 and the United States Government concerning any 

21 aspect of any bilateral agreement between such 

22 country and the United States to gain exemption 

23 from the licensing requirements of the Arms Export 

24 Control Act. 

25 (g) SPECIAL NOTIFICATIONS.—
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1 (1) REQUIRED NOTIFICATIONS.—The Secretary 

2 shall notify the appropriate congressional commit3 tees, in a manner consistent with ongoing efforts to 

4 investigate and bring civil or criminal charges re5 garding such matters, not later than 90 days after 

6 receiving any credible information regarding an un7 authorized end-use or diversion of United States ex8 ports of goods or services made pursuant to any 

9 agreement with a country to gain exemption from 

10 the licensing requirements of the Arms Export Con11 trol Act. The notification shall be made in a manner 

12 that is consistent with any ongoing efforts to inves13 tigate and commence civil actions or criminal pros14 ecutions regarding such matters and may be made 

15 in classified or unclassified form. 

16 (2) CONTENT.—The notification regarding an 

17 unauthorized end-use or diversion of goods or serv18 ices under paragraph (1) shall include—

19 (A) a description of the goods or services; 

20 (B) the United States origin of the good or 

21 service; 

22 (C) the authorized recipient of the good or 

23 service; 

24 (D) a detailed description of the unauthor25 ized end-use or diversion, including any knowl-
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1 edge by the United States exporter of such un2 authorized end-use or diversion; 

3 (E) any enforcement action taken by the 

4 Government of the United States; and 

5 (F) any enforcement action taken by the 

6 government of the recipient nation. 

7 SEC. 2234. AUTHORITY TO PROVIDE CATALOGING DATA 

8 AND SERVICES TO NON-NATO COUNTRIES. 

9 Section 21(h)(2) of the Arms Export Control Act (22 

10 U.S.C. 2761(h)(2)) is amended by striking ‘‘to the North 

11 Atlantic Treaty Organization or to any member govern12 ment of that Organization if that Organization or member 

13 government’’ and inserting ‘‘to the North Atlantic Treaty 

14 Organization, to any member government of that Organi15 zation, or to the government of any other country if that 

16 Organization, member government, or other government’’. 

17 SEC. 2235. FREEDOM SUPPORT ACT PERMANENT WAIVER 

18 AUTHORITY. 

19 (a) AUTHORITY TO WAIVE RESTRICTIONS AND ELI20 GIBILITY REQUIREMENTS.—If the President submits the 

21 certification and report described in subsection (b) with 

22 respect to an independent state of the former Soviet Union 

23 for a fiscal year, funds may be obligated and expended 

24 during that fiscal year under sections 503 and 504 of the 

25 FREEDOM Support Act (22 U.S.C. 5853 and 5854) for 
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1 assistance or other programs and activities for that state 

2 even if that state has not met one or more of the require3 ments for eligibility under paragraphs (1) through (4) of 

4 section 502 of such Act (22 U.S.C. 5852). 

5 (b) CERTIFICATION AND REPORT.—

6 (1) IN GENERAL.—The certification and report 

7 referred to in subsection (a) are a written certifi8 cation submitted by the President to Congress that 

9 the waiver of the restriction under such section 502 

10 and the requirements in that section during the fis11 cal year covered by such certification is important to 

12 the national security interests of the United States, 

13 together with a report containing the following: 

14 (A) A description of the activity or activi15 ties that prevent the President from certifying 

16 that the state is committed to the matters set 

17 forth in the provisions of law specified in sub18 section (a) in such fiscal year. 

19 (B) An explanation of why the waiver is 

20 important to the national security interests of 

21 the United States. 

22 (C) A description of the strategy, plan, or 

23 policy of the President for promoting the com24 mitment of the state to, and compliance by the 
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1 state with, such matters, notwithstanding the 

2 waiver. 

3 (2) FORM OF REPORT.—A report under para4 graph (1) shall be submitted in unclassified form, 

5 but may include a classified annex. 

6 SEC. 2236. EXTENSION OF PAKISTAN WAIVERS. 

7 The Act entitled ‘‘An Act to authorize the President 

8 to exercise waivers of foreign assistance restrictions with 

9 respect to Pakistan through September 30, 2003, and for 

10 other purposes’’, approved October 27, 2001 (Public Law 

11 107–57; 115 Stat. 403), as amended by section 2213 of 

12 the Emergency Supplemental Appropriations Act for De13 fense and for the Reconstruction of Iraq and Afghanistan, 

14 2004 (Public Law 108–106; 117 Stat. 1232), is further 

15 amended—

16 (1) in section 1(b)—

17 (A) in the heading, by striking ‘‘2004’’ and 

18 inserting ‘‘2005’’; and 

19 (B) in paragraph (1), by striking ‘‘2004’’ 

20 and inserting ‘‘2005’’; 

21 (2) in section 3(2), by striking ‘‘and 2004,’’ 

22 and inserting ‘‘2004, and 2005,’’; and 

23 (3) in section 6, by striking ‘‘2004’’ and insert24 ing ‘‘2005’’.
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1 SEC. 2237. CONSOLIDATION OF REPORTS ON NON2 PROLIFERATION IN SOUTH ASIA. 

3 Section 1601(c) of the Foreign Relations Authoriza4 tion Act, Fiscal Year 2003 is amended to read as follows: 

5 ‘‘(c) REPORT.—The report required to be submitted 

6 to Congress not later than April 1, 2005 pursuant to sec7 tion 620F(c) of the Foreign Assistance Act of 1961 (22 

8 U.S.C. 2376(c)) shall include a description of the efforts 

9 of the United States Government to achieve the objectives 

10 described in subsections (a) and (b), the progress made 

11 toward achieving such objectives, and the likelihood that 

12 such objectives will be achieved by September 30, 2005.’’. 

13 SEC. 2238. HAITIAN COAST GUARD. 

14 The Government of Haiti shall be eligible to purchase 

15 defense articles and services for the Haitian Coast Guard 

16 under the Arms Export Control Act (22 U.S.C. 2751 et 

17 seq.), subject to the prior notification requirements under 

18 section 634A of the Foreign Assistance Act of 1961 (22 

19 U.S.C. 2394–1). 

20 SEC. 2239. MARKETING INFORMATION FOR COMMERCIAL 

21 COMMUNICATIONS SATELLITES. 

22 (a) IN GENERAL.—A license shall not be required 

23 under section 38 of the Arms Export Control Act (22 

24 U.S.C. 2778) for the transfer of marketing information 

25 for the purpose of providing information directly related 

26 to the sale of commercial communications satellites and 
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1 related parts to a member country of the North Atlantic 

2 Treaty Organization (NATO) and Australia, Japan, and 

3 New Zealand. 

4 (b) MARKETING INFORMATION.—In this section, the 

5 term ‘‘marketing information’’ means data that a seller 

6 must provide to a potential customer (including a foreign 

7 end-user) that will enable the customer to make a pur8 chase decision to award a contract for goods or services, 

9 including system description, functional information, price 

10 and schedule information, information required for instal11 lation, operation, maintenance, and repair, and includes 

12 that level of data necessary to ensure safe use of the prod13 uct, but does not include sensitive encryption and source 

14 code data, detailed design data, engineering analysis, or 

15 manufacturing know-how. 

16 (c) EXCEPTION.—Nothing in this section shall ex17 empt commercial communications satellites from any li18 censing requirement under section 38 of the Arms Export 

19 Control Act (22 U.S.C. 2778) for defense items and de20 fense services, except as described in subsection (a). 

21 SEC. 2240. TRANSFER OF CERTAIN NAVAL VESSELS. 

22 (a) AUTHORITY TO TRANSFER BY GRANT.—

23 (1) AUTHORITY.—The President is authorized 

24 to transfer vessels to foreign countries on a grant 
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1 basis under section 516 of the Foreign Assistance 

2 Act of 1961 (22 U.S.C. 2321(j)) as follows: 

3 (A) The OLIVER HAZARD PERRY class 

4 guided missile frigate USS GEORGE PHILIP 

5 (FFG 12) to the Government of Bahrain. 

6 (B) The OLIVER HAZARD PERRY class 

7 guided missile frigate USS SIDES (FFG 14) to 

8 the Government of Portugal. 

9 (2) GRANTS NOT COUNTED AGAINST AGGRE10 GATE VALUE OF TRANSFERRED EXCESS DEFENSE

11 ARTICLES.—The value of a vessel transferred to an12 other country on a grant basis under section 516 of 

13 the Foreign Assistance Act of 1961 (22 U.S.C. 

14 2321j) pursuant to authority provided by paragraph 

15 (1) shall not be counted for the purposes of sub16 section (g) of that section in the aggregate value of 

17 excess defense articles transferred to countries under 

18 that section in any fiscal year. 

19 (b) COSTS OF TRANSFERS.—Any expense incurred by 

20 the United States in connection with a transfer authorized 

21 to be made on a grant basis under subsection (a) shall 

22 be charged to the recipient (notwithstanding section 

23 516(e)(1) of the Foreign Assistance Act of 1961 (2 U.S.C. 

24 2321j(e)(1))). 
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1 (c) AUTHORITY TO TRANSFER BY SALE.—The Presi2 dent is authorized to transfer the SPRUANCE class de3 stroyer FLETCHER (DD 992) to the Government of 

4 Chile on a sales basis under section 21 of the Arms Export 

5 Control Act (22 U.S.C. 2761). 

6 (d) REPAIR AND REFURBISHMENT IN UNITED

7 STATES SHIPYARDS.—To the maximum extent prac8 ticable, the President shall require, as a condition of the 

9 transfer of a vessel under this section, that the country 

10 to which the vessel is transferred have such repair or re11 furbishment of the vessel as is needed, before the vessel 

12 joins the naval forces of that country, performed at a ship13 yard located in the United States, including a United 

14 States Navy shipyard. 

15 (e) EXPIRATION OF AUTHORITY.—The authority to 

16 transfer a vessel under this section shall expire on the date 

17 at the end of the 2-year period beginning on the date of 

18 the enactment of this Act. 

19 TITLE XXIII—RADIOLOGICAL 

20 TERRORISM SECURITY 

21 SEC. 2301. SHORT TITLE. 

22 This title may be cited as the ‘‘Radiological Ter23 rorism Security Act of 2004’’. 

24 SEC. 2302. DEFINITIONS. 

25 In this title: 
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1 (1) BYPRODUCT MATERIAL.—The term ‘‘by2 product material’’ has the meaning given the term in 

3 section 11 e. of the Atomic Energy Act of 1954 (42 

4 U.S.C. 2014(e)). 

5 (2) IAEA.—The term ‘‘IAEA’’ means the 

6 International Atomic Energy Agency. 

7 (3) RADIOACTIVE MATERIAL.—The term ‘‘ra8 dioactive material’’ means—

9 (A) source material and special nuclear 

10 material, but does not include natural or de11 pleted uranium; 

12 (B) nuclear byproduct material; 

13 (C) material made radioactive by bombard14 ment in an accelerator; and 

15 (D) all refined isotopes of radium. 

16 (4) SOURCE MATERIAL.—The term ‘‘source ma17 terial’’ has the meaning given the term in section 11 

18 z. of the Atomic Energy Act of 1954 (42 U.S.C. 

19 2014(z)). 

20 (5) SPECIAL NUCLEAR MATERIAL.—The term 

21 ‘‘special nuclear material’’ has the meaning given 

22 the term in section 11 aa. of the Atomic Energy Act 

23 of 1954 (42 U.S.C. 2014(aa)).
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1 SEC. 2303. EMBASSY THREAT ASSESSMENT REPORTS. 

2 (a) REPORTS REQUIRED.—The Secretary shall, at 

3 the times specified in subsection (c), submit to the appro4 priate congressional committees a report—

5 (1) detailing the preparations made at United 

6 States diplomatic missions abroad to detect and 

7 mitigate a radiological attack on United States mis8 sions and other United States facilities under the 

9 control of the Secretary; 

10 (2) setting forth a rank-ordered list of the Sec11 retary’s priorities for improving radiological security 

12 and consequence management at United States mis13 sions; and 

14 (3) providing a rank-ordered list of the missions 

15 where such improvement is most important. 

16 (b) BUDGET REQUEST.—Each report under sub17 section (a) shall also include a proposed budget to carry 

18 out the improvements listed in such report pursuant to 

19 subsection (a)(2). 

20 (c) TIMING.—

21 (1) FIRST REPORT.—The first report under 

22 subsection (a) shall be submitted not later than 180 

23 days after the date of the enactment of this Act. 

24 (2) SUBSEQUENT REPORTS.—Subsequent re25 ports under subsection (a) shall be submitted with 

26 the budget justification materials submitted by the 
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1 Secretary to Congress in support of the budget of 

2 the President for the fiscal year (as submitted under 

3 section 1105(a) of title 31, United States Code) for 

4 each fiscal year after fiscal year 2005. 

5 (d) FORM.—Each report shall be submitted in un6 classified form, but may include a classified annex. 

7 SEC. 2304. FOREIGN FIRST RESPONDERS. 

8 (a) IN GENERAL.—The Secretary is authorized to as9 sist foreign countries, or to propose that the IAEA assist 

10 foreign countries, in the development of appropriate na11 tional response plans and the training of first responders 

12 to—

13 (1) detect, identify, and characterize radioactive 

14 material; 

15 (2) understand the hazards posed by radioactive 

16 contamination; 

17 (3) understand the risks encountered at various 

18 dose rates; 

19 (4) enter contaminated areas safely and speed20 ily; and 

21 (5) evacuate persons within a contaminated 

22 area. 

23 (b) CONSIDERATIONS.—In carrying out activities 

24 under subsection (a), the Secretary shall take into account 
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1 the findings of the threat assessment reports required by 

2 section 2303. 

3 SEC. 2305. AVAILABILITY OF FUNDS. 

4 Of the funds appropriated under this Act for Non5 proliferation, Anti-terrorism, Demining, and Related Pro6 grams, there is authorized to be appropriated to the Presi7 dent for fiscal year 2005, $2,000,000 to carry out this 

8 title. 

9 TITLE XXIV—GLOBAL 

10 PATHOGEN SURVEILLANCE 

11 SEC. 2401. SHORT TITLE. 

12 This title may be cited as the ‘‘Global Pathogen Sur13 veillance Act of 2004’’. 

14 SEC. 2402. FINDINGS; PURPOSE. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) Bioterrorism poses a grave national security 

18 threat to the United States. The insidious nature of 

19 the threat, the likely delayed recognition in the event 

20 of an attack, and the underpreparedness of the do21 mestic public health infrastructure may produce cat22 astrophic consequences following a biological weap23 ons attack upon the United States. 

24 (2) A contagious pathogen engineered as a bio25 logical weapon and developed, tested, produced, or 
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1 released in another country can quickly spread to 

2 the United States. Given the realities of inter3 national travel, trade, and migration patterns, a 

4 dangerous pathogen released anywhere in the world 

5 can spread to United States territory in a matter of 

6 days, before any effective quarantine or isolation 

7 measures can be implemented. 

8 (3) To effectively combat bioterrorism and en9 sure that the United States is fully prepared to pre10 vent, diagnose, and contain a biological weapons at11 tack, measures to strengthen the domestic public 

12 health infrastructure and improve domestic surveil13 lance and monitoring, while absolutely essential, are 

14 not sufficient. 

15 (4) The United States should enhance coopera16 tion with the World Health Organization, regional 

17 health organizations, and individual countries, in18 cluding data sharing with appropriate United States 

19 departments and agencies, to help detect and quickly 

20 contain infectious disease outbreaks or bioterrorism 

21 agents before they can spread. 

22 (5) The World Health Organization (WHO) has 

23 done an impressive job in monitoring infectious dis24 ease outbreaks around the world, including the re25 cent emergence of the Severe Acute Respiratory 
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1 Syndrome (SARS) epidemic, particularly with the 

2 establishment in April 2000 of the Global Outbreak 

3 Alert and Response network. 

4 (6) The capabilities of the World Health Orga5 nization are inherently limited by the quality of the 

6 data and information it receives from member coun7 tries, the narrow range of diseases (plague, cholera, 

8 and yellow fever) upon which its disease surveillance 

9 and monitoring is based, and the consensus process 

10 it uses to add new diseases to the list. Developing 

11 countries in particular often cannot devote the nec12 essary resources to build and maintain public health 

13 infrastructures. 

14 (7) In particular, developing countries could 

15 benefit from—

16 (A) better trained public health profes17 sionals and epidemiologists to recognize disease 

18 patterns; 

19 (B) appropriate laboratory equipment for 

20 diagnosis of pathogens; 

21 (C) disease reporting based on symptoms 

22 and signs (known as ‘‘syndrome surveillance’’), 

23 affording the earliest possible opportunity to 

24 conduct an effective response;
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1 (D) a narrowing of the existing technology 

2 gap in syndrome surveillance capabilities and 

3 real-time information dissemination to public 

4 health officials; and 

5 (E) appropriate communications equip6 ment and information technology to efficiently 

7 transmit information and data within national 

8 and regional health networks, including inex9 pensive, Internet-based Geographic Information 

10 Systems (GIS) and relevant telephone-based 

11 systems for early recognition and diagnosis of 

12 diseases. 

13 (8) An effective international capability to mon14 itor and quickly diagnose infectious disease out15 breaks will offer dividends not only in the event of 

16 biological weapons development, testing, production, 

17 and attack, but also in the more likely cases of natu18 rally occurring infectious disease outbreaks that 

19 could threaten the United States. Furthermore, a 

20 robust surveillance system will serve to deter ter21 rorist use of biological weapons, as early detection 

22 will help mitigate the intended effects of such malev23 olent uses. 

24 (b) PURPOSE.—The purposes of this title are as fol25 lows: 
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1 (1) To enhance the capability and cooperation 

2 of the international community, including the World 

3 Health Organization and individual countries, 

4 through enhanced pathogen surveillance and appro5 priate data sharing, to detect, identify, and contain 

6 infectious disease outbreaks, whether the cause of 

7 those outbreaks is intentional human action or nat8 ural in origin. 

9 (2) To enhance the training of public health 

10 professionals and epidemiologists from eligible devel11 oping countries in advanced Internet-based and 

12 other electronic syndrome surveillance systems, in 

13 addition to traditional epidemiology methods, so that 

14 they may better detect, diagnose, and contain infec15 tious disease outbreaks, especially those due to 

16 pathogens most likely to be used in a biological 

17 weapons attack. 

18 (3) To provide assistance to developing coun19 tries to purchase appropriate public health labora20 tory equipment necessary for infectious disease sur21 veillance and diagnosis. 

22 (4) To provide assistance to developing coun23 tries to purchase appropriate communications equip24 ment and information technology, including, as ap25 propriate, relevant computer equipment, Internet 
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1 connectivity mechanisms, and telephone-based appli2 cations to effectively gather, analyze, and transmit 

3 public health information for infectious disease sur4 veillance and diagnosis. 

5 (5) To make available greater numbers of 

6 United States Government public health profes7 sionals to international health organizations, re8 gional health networks, and United States diplo9 matic missions where appropriate. 

10 (6) To establish ‘‘lab-to-lab’’ cooperative rela11 tionships between United States public health lab12 oratories and established foreign counterparts. 

13 (7) To expand the training and outreach activi14 ties of overseas United States laboratories, including 

15 Centers for Disease Control and Prevention and De16 partment of Defense entities, to enhance the disease 

17 surveillance capabilities of developing countries. 

18 (8) To provide appropriate technical assistance 

19 to existing regional health networks and, where ap20 propriate, seed money for new regional networks. 

21 SEC. 2403. DEFINITIONS. 

22 In this title: 

23 (1) BIOLOGICAL WEAPONS CONVENTION.—The 

24 term ‘‘Biological Weapons Convention’’ means the 

25 Convention on the Prohibition of the Development, 
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1 Production and Stockpiling of Bacteriological (Bio2 logical) and Toxin Weapons and on Their Destruc3 tion, signed at Washington, London, and Moscow 

4 April 10, 1972. 

5 (2) ELIGIBLE DEVELOPING COUNTRY.—The 

6 term ‘‘eligible developing country’’ means any devel7 oping country that—

8 (A) has agreed to the objective of fully 

9 complying with requirements of the World 

10 Health Organization on reporting public health 

11 information on outbreaks of infectious diseases; 

12 (B) has not been determined by the Sec13 retary, for purposes of section 40 of the Arms 

14 Export Control Act (22 U.S.C. 2780), section 

15 620A of the Foreign Assistance Act of 1961 

16 (22 U.S.C. 2371), or section 6(j) of the Export 

17 Administration Act of 1979 (50 U.S.C. App. 

18 2405), to have repeatedly provided support for 

19 acts of international terrorism, unless the Sec20 retary exercises a waiver certifying that it is in 

21 the national interest of the United States to 

22 provide assistance under the provisions of this 

23 title; and 

24 (C) is a state party to the Biological 

25 Weapons Convention. 
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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 (8 U.S.C. 1101 et seq.). 

6 (4) INTERNATIONAL HEALTH ORGANIZATION.—

7 The term ‘‘international health organization’’ in8 cludes the World Health Organization and the Pan 

9 American Health Organization. 

10 (5) LABORATORY.—The term ‘‘laboratory’’ 

11 means a facility for the biological, microbiological, 

12 serological, chemical, immuno-hematological, 

13 hematological, biophysical, cytological, pathological, 

14 or other examination of materials derived from the 

15 human body for the purpose of providing informa16 tion for the diagnosis, prevention, or treatment of 

17 any disease or impairment of, or the assessment of 

18 the health of, human beings. 

19 (6) SELECT AGENT.—The term ‘‘select agent’’ 

20 has the meaning given such term for purposes of 

21 section 72.6 of title 42, Code of Federal Regula22 tions. 

23 (7) SYNDROME SURVEILLANCE.—The term 

24 ‘‘syndrome surveillance’’ means the recording of 

25 symptoms (patient complaints) and signs (derived
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1 from physical examination) combined with simple ge2 ographic locators to track the emergence of a disease 

3 in a population. 

4 SEC. 2404. PRIORITY FOR CERTAIN COUNTRIES. 

5 Priority in the provision of United States assistance 

6 for eligible developing countries under all the provisions 

7 of this title shall be given to those countries that permit 

8 personnel from the World Health Organization and the 

9 Centers for Disease Control and Prevention to investigate 

10 outbreaks of infectious diseases on their territories, pro11 vide early notification of disease outbreaks, and provide 

12 pathogen surveillance data to appropriate United States 

13 departments and agencies in addition to international 

14 health organizations. 

15 SEC. 2405. RESTRICTION. 

16 Notwithstanding any other provision of this title, no 

17 foreign nationals participating in programs authorized 

18 under this title shall have access, during the course of such 

19 participation, to select agents that may be used as, or in, 

20 a biological weapon, except in a supervised and controlled 

21 setting. 

22 SEC. 2406. FELLOWSHIP PROGRAM. 

23 (a) ESTABLISHMENT.—There is established a fellow24 ship program (in this section referred to as the ‘‘pro25 gram’’) under which the Secretary, in consultation with 
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1 the Secretary of Health and Human Services and subject 

2 to the availability of appropriations, shall award fellow3 ships to eligible nationals to pursue public health edu4 cation or training, as follows: 

5 (1) MASTER OF PUBLIC HEALTH DEGREE.—

6 Graduate courses of study leading to a master of 

7 public health degree with a concentration in epidemi8 ology from an institution of higher education in the 

9 United States with a Center for Public Health Pre10 paredness, as determined by the Centers for Disease 

11 Control and Prevention. 

12 (2) ADVANCED PUBLIC HEALTH EPIDEMIOLOGY

13 TRAINING.—Advanced public health training in epi14 demiology to be carried out at the Centers for Dis15 ease Control and Prevention (or equivalent State fa16 cility), or other Federal facility (excluding the De17 partment of Defense or United States National Lab18 oratories), for a period of not less than 6 months or 

19 more than 12 months. 

20 (b) SPECIALIZATION IN BIOTERRORISM.—In addition 

21 to the education or training specified in subsection (a), 

22 each recipient of a fellowship under this section (in this 

23 section referred to as a ‘‘fellow’’) may take courses of 

24 study at the Centers for Disease Control and Prevention 
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1 or at an equivalent facility on diagnosis and containment 

2 of likely bioterrorism agents. 

3 (c) FELLOWSHIP AGREEMENT.—

4 (1) IN GENERAL.—In awarding a fellowship 

5 under the program, the Secretary, in consultation 

6 with the Secretary of Health and Human Services, 

7 shall require the recipient to enter into an agree8 ment under which, in exchange for such assistance, 

9 the recipient—

10 (A) will maintain satisfactory academic 

11 progress (as determined in accordance with reg12 ulations issued by the Secretary and confirmed 

13 in regularly scheduled updates to the Secretary 

14 from the institution providing the education or 

15 training on the progress of the recipient’s edu16 cation or training); 

17 (B) will, upon completion of such edu18 cation or training, return to the recipient’s 

19 country of nationality or last habitual residence 

20 (so long as it is an eligible developing country) 

21 and complete at least four years of employment 

22 in a public health position in the government or 

23 a nongovernmental, not-for-profit entity in that 

24 country or, with the approval of the Secretary, 

25 complete part or all of this requirement through 
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1 service with an international health organiza2 tion without geographic restriction; and 

3 (C) agrees that, if the recipient is unable 

4 to meet the requirements described in subpara5 graph (A) or (B), the recipient will reimburse 

6 the United States for the value of the assist7 ance provided to the recipient under the fellow8 ship, together with interest at a rate deter9 mined in accordance with regulations issued by 

10 the Secretary but not higher than the rate gen11 erally applied in connection with other Federal 

12 loans. 

13 (2) WAIVERS.—The Secretary may waive the 

14 application of paragraph (1)(B) and (1)(C) if the 

15 Secretary determines that it is in the national inter16 est of the United States to do so. 

17 (d) IMPLEMENTATION.—The Secretary, in consulta18 tion with the Secretary of Health and Human Services, 

19 is authorized to enter into an agreement with any eligible 

20 developing country under which the country agrees—

21 (1) to establish a procedure for the nomination 

22 of eligible nationals for fellowships under this sec23 tion; 
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1 (2) to guarantee that a fellow will be offered a 

2 professional public health position within the country 

3 upon completion of his studies; and 

4 (3) to certify to the Secretary when a fellow has 

5 concluded the minimum period of employment in a 

6 public health position required by the fellowship 

7 agreement, with an explanation of how the require8 ment was met. 

9 (e) PARTICIPATION OF UNITED STATES CITIZENS.—

10 On a case-by-case basis, the Secretary may provide for the 

11 participation of United States citizens under the provi12 sions of this section if the Secretary determines that it 

13 is in the national interest of the United States to do so. 

14 Upon completion of such education or training, a United 

15 States recipient shall complete at least 5 years of employ16 ment in a public health position in an eligible developing 

17 country or an international health organization. 

18 SEC. 2407. IN-COUNTRY TRAINING IN LABORATORY TECH19 NIQUES AND SYNDROME SURVEILLANCE. 

20 (a) IN GENERAL.—In conjunction with the Centers 

21 for Disease Control and Prevention and the Department 

22 of Defense, the Secretary shall, subject to the availability 

23 of appropriations, support short training courses in-coun24 try (not in the United States) for laboratory technicians 

25 and other public health personnel from eligible developing 
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1 countries in laboratory techniques relating to the identi2 fication, diagnosis, and tracking of pathogens responsible 

3 for possible infectious disease outbreaks. Training under 

4 this section may be conducted in overseas facilities of the 

5 Centers for Disease Control and Prevention or in Overseas 

6 Medical Research Units of the Department of Defense, as 

7 appropriate. The Secretary shall coordinate such training 

8 courses, where appropriate, with the existing programs 

9 and activities of the World Health Organization. 

10 (b) TRAINING IN SYNDROME SURVEILLANCE.—In 

11 conjunction with the Centers for Disease Control and Pre12 vention and the Department of Defense, the Secretary 

13 shall, subject to the availability of appropriations, estab14 lish and support short training courses in-country (not in 

15 the United States) for public health personnel from eligi16 ble developing countries in techniques of syndrome surveil17 lance reporting and rapid analysis of syndrome informa18 tion using Geographic Information System (GIS) and 

19 other Internet-based tools. Training under this subsection 

20 may be conducted via the Internet or in appropriate facili21 ties as determined by the Secretary. The Secretary shall 

22 coordinate such training courses, where appropriate, with 

23 the existing programs and activities of the World Health 

24 Organization.
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1 SEC. 2408. ASSISTANCE FOR THE PURCHASE AND MAINTE2 NANCE OF PUBLIC HEALTH LABORATORY 

3 EQUIPMENT. 

4 (a) AUTHORIZATION.—The President is authorized, 

5 on such terms and conditions as the President may deter6 mine, to furnish assistance to eligible developing countries 

7 to purchase and maintain public health laboratory equip8 ment described in subsection (b). 

9 (b) EQUIPMENT COVERED.—Equipment described in 

10 this subsection is equipment that is—

11 (1) appropriate, where possible, for use in the 

12 intended geographic area; 

13 (2) necessary to collect, analyze, and identify 

14 expeditiously a broad array of pathogens, including 

15 mutant strains, which may cause disease outbreaks 

16 or may be used as a biological weapon; 

17 (3) compatible with general standards set forth, 

18 as appropriate, by the World Health Organization 

19 and the Centers for Disease Control and Prevention, 

20 to ensure interoperability with regional and inter21 national public health networks; and 

22 (4) not defense articles or defense services as 

23 those terms are defined under section 47 of the 

24 Arms Export Control Act (22 U.S.C. 2794). 

25 (c) RULE OF CONSTRUCTION.—Nothing in this sec26 tion shall be construed to exempt the exporting of goods 
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1 and technology from compliance with applicable provisions 

2 of the Export Administration Act of 1979 (50 U.S.C. App. 

3 2401 et seq.) (or successor statutes). 

4 (d) LIMITATION.—Amounts appropriated to carry 

5 out this section shall not be made available for the pur6 chase from a foreign country of equipment that, if made 

7 in the United States, would be subject to the Arms Export 

8 Control Act (22 U.S.C. 2751 et seq.) or likely be barred 

9 or subject to special conditions under the Export Adminis10 tration Act of 1979 (50 U.S.C. App. 2401 et seq.) (or 

11 successor statutes). 

12 (e) HOST COUNTRY’S COMMITMENTS.—The assist13 ance provided under this section shall be contingent upon 

14 the host country’s commitment to provide the resources, 

15 infrastructure, and other assets required to house, main16 tain, support, secure, and maximize use of this equipment 

17 and appropriate technical personnel. 

18 SEC. 2409. ASSISTANCE FOR IMPROVED COMMUNICATION 

19 OF PUBLIC HEALTH INFORMATION. 

20 (a) ASSISTANCE FOR PURCHASE OF COMMUNICATION

21 EQUIPMENT AND INFORMATION TECHNOLOGY.—The 

22 President is authorized to provide, on such terms and con23 ditions as the President may determine, assistance to eligi24 ble developing countries for the purchase and maintenance 

25 of communications equipment and information technology 
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1 described in subsection (b), and supporting equipment, 

2 necessary to effectively collect, analyze, and transmit pub3 lic health information.

4 (b) COVERED EQUIPMENT.—Equipment (and infor5 mation technology) described in this subsection is equip6 ment that—

7 (1) is suitable for use under the particular con8 ditions of the area of intended use; 

9 (2) meets appropriate World Health Organiza10 tion standards to ensure interoperability with like 

11 equipment of other countries and international 

12 health organizations; and 

13 (3) is not defense articles or defense services as 

14 those terms are defined under section 47 of the 

15 Arms Export Control Act (22 U.S.C. 2794). 

16 (c) RULE OF CONSTRUCTION.—Nothing in this sec17 tion shall be construed to exempt the exporting of goods 

18 and technology from compliance with applicable provisions 

19 of the Export Administration Act of 1979 (50 U.S.C. App. 

20 2401 et seq.) (or successor statutes). 

21 (d) LIMITATION.—Amounts appropriated to carry 

22 out this section shall not be made available for the pur23 chase from a foreign country of equipment that, if made 

24 in the United States, would be subject to the Arms Export 

25 Control Act or likely be barred or subject to special condi-
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1 tions under the Export Administration Act of 1979 (50 

2 U.S.C. App. 2401 et seq.) (or successor statutes). 

3 (e) ASSISTANCE FOR STANDARDIZATION OF REPORT4 ING.—The President is authorized to provide, on such 

5 terms and conditions as the President may determine, 

6 technical assistance and grant assistance to international 

7 health organizations to facilitate standardization in the re8 porting of public health information between and among 

9 developing countries and international health organiza10 tions. 

11 (f) HOST COUNTRY’S COMMITMENTS.—The assist12 ance provided under this section shall be contingent upon 

13 the host country’s commitment to provide the resources, 

14 infrastructure, and other assets required to house, sup15 port, maintain, secure, and maximize use of this equip16 ment and appropriate technical personnel. 

17 SEC. 2410. ASSIGNMENT OF PUBLIC HEALTH PERSONNEL 

18 TO UNITED STATES MISSIONS AND INTER19 NATIONAL ORGANIZATIONS. 

20 (a) IN GENERAL.—Upon the request of a United 

21 States chief of diplomatic mission or an international 

22 health organization, and with the concurrence of the Sec23 retary, the head of a Federal agency may assign to the 

24 respective United States mission or organization any offi25 cer or employee of the agency occupying a public health 
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1 position within the agency for the purpose of enhancing 

2 disease and pathogen surveillance efforts in developing 

3 countries. 

4 (b) REIMBURSEMENT.—The costs incurred by a Fed5 eral agency by reason of the detail of personnel under sub6 section (a) may be reimbursed to that agency out of the 

7 applicable appropriations account of the Department if the 

8 Secretary determines that the relevant agency may other9 wise be unable to assign such personnel on a non-reim10 bursable basis. 

11 SEC. 2411. EXPANSION OF CERTAIN UNITED STATES GOV12 ERNMENT LABORATORIES ABROAD. 

13 (a) IN GENERAL.—Subject to the availability of ap14 propriations, the Centers for Disease Control and Preven15 tion and the Department of Defense shall each—

16 (1) increase the number of personnel assigned 

17 to laboratories of the Centers or the Department, as 

18 appropriate, located in eligible developing countries 

19 that conduct research and other activities with re20 spect to infectious diseases; and 

21 (2) expand the operations of those laboratories, 

22 especially with respect to the implementation of on23 site training of foreign nationals and regional out24 reach efforts involving neighboring countries.
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1 (b) COOPERATION AND COORDINATION BETWEEN

2 LABORATORIES.—Subsection (a) shall be carried out in 

3 such a manner as to foster cooperation and avoid duplica4 tion between and among laboratories. 

5 (c) RELATION TO CORE MISSIONS AND SECURITY.—

6 The expansion of the operations of overseas laboratories 

7 of the Centers or the Department under this section shall 

8 not—

9 (1) detract from the established core missions 

10 of the laboratories; or 

11 (2) compromise the security of those labora12 tories, as well as their research, equipment, exper13 tise, and materials. 

14 SEC. 2412. ASSISTANCE FOR REGIONAL HEALTH NETWORKS 

15 AND EXPANSION OF FOREIGN EPIDEMI16 OLOGY TRAINING PROGRAMS. 

17 (a) AUTHORITY.—The President is authorized, on 

18 such terms and conditions as the President may deter19 mine, to provide assistance for the purposes of—

20 (1) enhancing the surveillance and reporting ca21 pabilities of the World Health Organization and ex22 isting regional health networks; and 

23 (2) developing new regional health networks. 

24 (b) EXPANSION OF FOREIGN EPIDEMIOLOGY TRAIN25 ING PROGRAMS.—The Secretary of Health and Human 
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1 Services is authorized to establish new country or regional 

2 Foreign Epidemiology Training Programs in eligible devel3 oping countries. 

4 SEC. 2413. AUTHORIZATION OF APPROPRIATIONS. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—

6 (1) IN GENERAL.—Of the amounts authorized 

7 to be appropriated under this division for Non8 proliferation, Anti-terrorism, Demining and Related 

9 Programs, there is authorized to be appropriated 

10 $35,000,000 for the fiscal year 2005 to carry out 

11 this title. 

12 (2) ALLOCATION OF FUNDS.—Of the amounts 

13 made available under paragraph (1)—

14 (A) $25,000,000 for the fiscal year 2005 is 

15 authorized to be available to carry out sections 

16 2406, 2407, 2408, and 2409; 

17 (B) $500,000 for the fiscal year 2005 is 

18 authorized to be available to carry out section 

19 2410; 

20 (C) $2,500,000 for the fiscal year 2005 is 

21 authorized to be available to carry out section 

22 2411; and 

23 (D) $7,000,000 for the fiscal year 2005 is 

24 authorized to be available to carry out section 

25 2412.
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1 (b) AVAILABILITY OF FUNDS.—The amount appro2 priated pursuant to subsection (a) is authorized to remain 

3 available until expended. 

4 (c) REPORTING REQUIREMENT.—Not later than 90 

5 days after the date of enactment of this title, the Secretary 

6 shall submit a report, in conjunction with the Secretary 

7 of Health and Human Services and the Secretary of De8 fense, containing—

9 (1) a description of the implementation of pro10 grams under this title; and 

11 (2) an estimate of the level of funding required 

12 to carry out those programs at a sufficient level. 

13 TITLE XXV—REPORTING RE14 QUIREMENTS AND OTHER 

15 MATTERS 

16 Subtitle A—Elimination and Modi17 fication of Certain Reporting 

18 Requirements 

19 SEC. 2501. ANNUAL REPORT ON TERRITORIAL INTEGRITY. 

20 Section 560 of the Foreign Operations, Export Fi21 nancing, and Related Programs Appropriations Act, 1994 

22 (titles I through V of Public Law 103–87; 107 Stat. 966) 

23 is amended by striking subsection (g). 
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1 SEC. 2502. ANNUAL REPORTS ON ACTIVITIES IN COLOMBIA. 

2 Section 694 of the Foreign Relations Authorization 

3 Act, Fiscal Year 2003 (Public Law 107–228; 116 Stat. 

4 1415; 22 U.S.C. 2291 note) is amended by adding at the 

5 end the following: 

6 ‘‘(c) REPORT CONSOLIDATION.—The Secretary may 

7 satisfy the annual reporting requirements of this section 

8 by incorporating the required information with the annual 

9 report submitted pursuant to section 489(a) of the For10 eign Assistance Act of 1961 (22 U.S.C. 2291h(a)).’’. 

11 SEC. 2503. ANNUAL REPORT ON FOREIGN MILITARY TRAIN12 ING. 

13 Subsection (a)(1) of section 656 of the Foreign As14 sistance Act of 1961 (22 U.S.C. 2416) is amended by 

15 striking ‘‘January 31’’ and inserting ‘‘March 1’’. 

16 SEC. 2504. REPORT ON HUMAN RIGHTS IN HAITI. 

17 Section 616(c) of the Departments of Commerce, 

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

19 Appropriations Act, 1999 (section 101(b) of division A of 

20 Public Law 105–277; 112 Stat. 2681–114), is amended—

21 (1) in paragraph (2), by striking ‘‘not later 

22 than 3 months after the date of enactment of this 

23 Act’’ and inserting ‘‘as part of the annual report 

24 submitted under paragraph (4) of this subsection’’; 

25 and 
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1 (2) in paragraph (3), by inserting ‘‘, as part of 

2 the annual report submitted under paragraph (4) of 

3 this subsection,’’ after ‘‘the appropriate congres4 sional committees’’. 

5 Subtitle B—Other Matters 

6 SEC. 2511. CERTAIN CLAIMS FOR EXPROPRIATION BY THE 

7 GOVERNMENT OF NICARAGUA. 

8 Section 527 of the Foreign Relations Authorization 

9 Act, Fiscal Years 1994 and 1995 (22 U.S.C. 2370a) is 

10 amended by adding at the end the following new sub11 section: 

12 ‘‘(i) CERTAIN CLAIMS FOR EXPROPRIATION BY THE

13 GOVERNMENT OF NICARAGUA.—

14 ‘‘(1) MATTERS NOT TO BE CONSIDERED.—Any 

15 action described in subsection (a)(1) that was taken 

16 by the Government of Nicaragua during the period 

17 beginning on January 1, 1956, and ending on Janu18 ary 9, 2002, may not be considered in implementing 

19 the prohibition under subsection (a) unless the ac20 tion has been presented in accordance with the pro21 cedure set forth in paragraph (2). 

22 ‘‘(2) ACTIONS PRESENTED.—An action shall be 

23 deemed presented for purposes of paragraph (1) if, 

24 not later than 120 days after the date prescribed
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1 under paragraph (3), a written description of the ac2 tion is—

3 ‘‘(A) submitted to the Secretary of State 

4 by a United States person; and 

5 ‘‘(B) received by the Department of State 

6 at—

7 ‘‘(i) the headquarters of the Depart8 ment of State in Washington, District of 

9 Columbia; or 

10 ‘‘(ii) the Embassy of the United 

11 States of America to Nicaragua. 

12 ‘‘(3) TIME FOR PRESENTATION.—The Secretary 

13 of State shall prescribe the date on which the pres14 entation deadline is based for the purposes of para15 graph (2) and shall publish a notice of such date in 

16 the Federal Register. The prescribed date may be 

17 any date selected by the Secretary in the Secretary’s 

18 sole discretion, except that such date may not be the 

19 date on which this subsection takes effect or any 

20 date before such effective date.’’. 

21 SEC. 2512. AMENDMENTS TO THE ARMS CONTROL AND DIS22 ARMAMENT ACT. 

23 (a) VERIFICATION OF COMPLIANCE.—Section 306(a) 

24 of the Arms Control and Disarmament Act (22 U.S.C. 

25 2577(a)) is amended by inserting ‘‘or other formal com-
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1 mitment’’ after ‘‘agreement’’ each place it appears in 

2 paragraphs (1) and (2). 

3 (b) ANNUAL REPORTS TO CONGRESS.—

4 (1) REQUIREMENT FOR REPORTS.—Section 403 

5 of the Arms Control and Disarmament Act (22 

6 U.S.C. 2593a) is amended to read as follows: 

7 ‘‘SEC. 403. (a) REPORT ON OBJECTIVES AND NEGO8 TIATIONS.—Not later than April 15 of each year, the 

9 President shall submit to the Speaker of the House of 

10 Representatives and to the Chairman of the Committee 

11 on Foreign Relations of the Senate a report prepared by 

12 the Secretary of State in consultation with the Secretary 

13 of Defense, the Secretary of Energy, the Director of Cen14 tral Intelligence, and the Chairman of the Joint Chiefs 

15 of Staff on the status of United States policy and actions 

16 with respect to arms control, nonproliferation, and disar17 mament. Such report shall include—

18 ‘‘(1) a detailed statement concerning the arms 

19 control, nonproliferation, and disarmament objec20 tives of the executive branch of Government for the 

21 forthcoming year; and 

22 ‘‘(2) a detailed assessment of the status of any 

23 ongoing arms control, nonproliferation, or disar24 mament negotiations, including a comprehensive de25 scription of negotiations or other activities during 
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1 the preceding year and an appraisal of the status 

2 and prospects for the forthcoming year.

3 ‘‘(b) REPORT ON COMPLIANCE.—Not later than April 

4 15 of each year, the President shall submit to the Speaker 

5 of the House of Representatives and to the Chairman of 

6 the Committee on Foreign Relations of the Senate a re7 port prepared by the Secretary of State with the concur8 rence of the Director of Central Intelligence and in con9 sultation with the Secretary of Defense, the Secretary of 

10 Energy, and the Chairman of the Joint Chiefs of Staff 

11 on the status of United States policy and actions with re12 spect to arms control, nonproliferation, and disarmament 

13 compliance. Such report shall include—

14 ‘‘(1) a detailed assessment of adherence of the 

15 United States to obligations undertaken in arms 

16 control, nonproliferation, and disarmament agree17 ments, including information on the policies and or18 ganization of each relevant agency or department of 

19 the United States to ensure adherence to such obli20 gations, a description of national security programs 

21 with a direct bearing on questions of adherence to 

22 such obligations and of steps being taken to ensure 

23 adherence, and a compilation of any substantive 

24 questions raised during the preceding year and any 

25 corrective action taken; 
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1 ‘‘(2) a detailed assessment of the adherence of 

2 other nations to obligations undertaken in all arms 

3 control, nonproliferation, and disarmament agree4 ments or commitments, including the Missile Tech5 nology Control Regime, to which the United States 

6 is a participating state, including information on ac7 tions taken by each nation with regard to the size, 

8 structure, and disposition of its military forces in 

9 order to comply with arms control, nonproliferation, 

10 or disarmament agreements or commitments, and 

11 shall include, in the case of each agreement or com12 mitment about which compliance questions exist—

13 ‘‘(A) a description of each significant issue 

14 raised and efforts made and contemplated with 

15 the other participating state to seek resolution 

16 of the difficulty; 

17 ‘‘(B) an assessment of damage, if any, to 

18 the United States security and other interests; 

19 ‘‘(C) recommendations as to any steps that 

20 should be considered to redress any damage to 

21 United States national security and to reduce 

22 compliance problems; and 

23 ‘‘(D) for states that are not parties to such 

24 agreements or commitments, a description of 

25 activities of concern carried out by such states 
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1 and efforts underway to bring such states into 

2 adherence with such agreements or commit3 ments; 

4 ‘‘(3) a discussion of any material noncompliance 

5 by foreign governments with their binding commit6 ments to the United States with respect to the pre7 vention of the spread of nuclear explosive devices (as 

8 defined in section 830(4) of the Nuclear Prolifera9 tion Prevention Act of 1994 (22 U.S.C. 6305(4)) by 

10 non-nuclear-weapon states (as defined in section 

11 830(5) of that Act (22 U.S.C. 6305(5)) or the ac12 quisition by such states of unsafeguarded special nu13 clear material (as defined in section 830(8) of that 

14 Act (22 U.S.C. 6305(8)), including—

15 ‘‘(A) a net assessment of the aggregate 

16 military significance of all such violations; 

17 ‘‘(B) a statement of the compliance policy 

18 of the United States with respect to violations 

19 of those commitments; and 

20 ‘‘(C) what actions, if any, the President 

21 has taken or proposes to take to bring any na22 tion committing such a violation into compli23 ance with those commitments; and 

24 ‘‘(4) a specific identification, to the maximum 

25 extent practicable in unclassified form, of each and
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1 every question that exists with respect to compliance 

2 by other countries with arms control, nonprolifera3 tion, and disarmament agreements and other formal 

4 commitments with the United States. 

5 ‘‘(c) CHEMICAL WEAPONS CONVENTION COMPLI6 ANCE REPORT REQUIREMENT SATISFIED.—The report 

7 submitted pursuant to subsection (b) shall include the in8 formation necessary to satisfy Condition 10(C) of the reso9 lution of advice and consent to the Convention on the Pro10 hibition of Development, Production, Stockpiling and Use 

11 of Chemical Weapons and on Their Destruction, with an12 nexes, done at Paris, January 13, 1993, and entered into 

13 force April 29, 1997 (T. Doc. 103–21), approved by the 

14 Senate on April 24, 1997. 

15 ‘‘(d) CLASSIFICATION OF REPORT.—The reports re16 quired by this section shall be submitted in unclassified 

17 form, with classified annexes, as appropriate. The report 

18 portions described in paragraphs (2) and (3) of subsection 

19 (b) shall summarize in detail, at least in classified an20 nexes, the information, analysis, and conclusions relevant 

21 to possible noncompliance by other nations that are pro22 vided by United States intelligence agencies. 

23 ‘‘(e) REPORTING CONSECUTIVE NONCOMPLIANCE.—

24 If the President in consecutive reports submitted to the 

25 Congress under subsection (b) reports that any nation is 
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1 not in full compliance with its binding nonproliferation 

2 commitments to the United States, then the President 

3 shall include in the second such report an assessment of 

4 what actions are necessary to compensate for such viola5 tions. 

6 ‘‘(f) ADDITIONAL REQUIREMENT.—Each report re7 quired by subsection (b) shall include a discussion of each 

8 significant issue described in subsection (b)(4) that was 

9 contained in a previous report issued under this section 

10 during 1995, or after December 31, 1995, until the ques11 tion or concern has been resolved and such resolution has 

12 been reported in detail to the Committee on Foreign Rela13 tions and the Select Committee on Intelligence of the Sen14 ate and the Committee on International Relations and the 

15 Permanent Select Committee on Intelligence of the House 

16 of Representatives.’’. 

17 (2) CONFORMING AMENDMENT.—The heading 

18 of such section is amended to read as follows: 

19 ‘‘ANNUAL REPORTS TO CONGRESS’’. 

20 SEC. 2513. SUPPORT FOR SIERRA LEONE. 

21 (a) FINDINGS.—Congress makes the following find22 ings: 

23 (1) As of January 1, 2004, the United States 

24 had provided a total of $634,000,000 to the United 

25 Nations Mission in Sierra Leone and to Operation 
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1 Focus Relief for the purpose of bringing peace and 

2 stability to Sierra Leone. 

3 (2) In fiscal year 2004, Congress appropriated 

4 $68,733,000 to support the United Nations Mission 

5 in Sierra Leone, and the President has requested 

6 $33,011,000 for fiscal year 2005 to support such 

7 Mission. 

8 (b) SENSE OF CONGRESS.—It is the sense of Con9 gress that the considerable United States investment in 

10 stability in Sierra Leone should be secured through appro11 priate support for activities aimed at enhancing Sierra 

12 Leone’s long-term prospect for peaceful development. 

13 (c) AVAILABILITY OF FUNDS.—Of the amounts made 

14 available under chapter 1 of part I of the Foreign Assist15 ance Act of 1961 (22 U.S.C. 2151 et seq.) or chapter 4 

16 of part II of such Act (22 U.S.C. 2346 et seq.), up to 

17 $12,000,000 may be made available in fiscal year 2005 

18 to support programs for Sierra Leone— 

19 (1) to increase access to primary and secondary 

20 education in rural areas; 

21 (2) designed to alleviate poverty; and 

22 (3) to eliminate government corruption. 
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1 SEC. 2514. SUPPORT FOR INDEPENDENT MEDIA IN ETHI2 OPIA. 

3 Of the amounts made available under chapter 1 of 

4 part I of the Foreign Assistance Act of 1961 (22 U.S.C. 

5 2151 et seq.), such sums as are necessary may be made 

6 available in fiscal year 2005 to support independent media 

7 in Ethiopia, including providing support to— 

8 (1) strengthen the capacity of journalists; and 

9 (2) increase access to printing facilities by indi10 viduals who work in the print media. 

11 SEC. 2515. SUPPORT FOR SOMALIA. 

12 (a) SENSE OF CONGRESS.—It is the sense of Con13 gress that—

14 (1) the United States should work— 

15 (A) to support efforts to strengthen state 

16 capacity in Somalia; 

17 (B) to curtail opportunities for terrorists 

18 and other international criminals in Somalia; 

19 (C) to engage sectors of Somali society 

20 that are working to improve the conditions of 

21 the Somali people; and 

22 (D) to provide alternatives to extremist in23 fluences in Somalia by vigorously pursuing 

24 small-scale human development initiatives; and 

25 (2) supporting stability in Somalia is in the na26 tional interest of the United States. 
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1 (b) REPORT.—

2 (1) REQUIREMENT.—Not later than 6 months 

3 after the date of enactment of this Act, the Sec4 retary shall report to the Committee on Foreign Re5 lations of the Senate and the Committee on Inter6 national Relations of the House of Representatives 

7 on the strategy for engaging with pockets of com8 petence within the borders of Somalia to both 

9 strengthen local capacity and to establish incentives 

10 for other communities to seek stability. 

11 (2) CONTENT.—The report shall—

12 (A) outline a multi-year strategy for in13 creasing—

14 (i) access to primary and secondary 

15 education and basic health care services, 

16 including projected staffing and resource 

17 needs in light of Somalia’s current capac18 ity; 

19 (ii) support for the efforts underway 

20 to establish clear systems for effective reg21 ulation and monitoring of Somali remit22 tance companies; and 

23 (iii) support initiatives to rehabilitate 

24 Somalia’s livestock export sector; and 
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1 (B) evaluate the feasibility of using the 

2 Ambassador’s Fund for Cultural Preservation 

3 to support Somalia’s cultural heritage, includ4 ing the oral traditions of the Somali people. 

5 SEC. 2516. SUPPORT FOR CENTRAL AFRICAN STATES. 

6 (a) FINDINGS.—Congress makes the following find7 ings: 

8 (1) In recent years, the Central African States 

9 of Burundi, the Democratic Republic of the Congo, 

10 Rwanda, and Uganda have all been involved in over11 lapping conflicts that have destabilized the region 

12 and contributed to the deaths of millions of civilians. 

13 (2) The Department’s 2002 Country Report on 

14 Human Rights Practices in Burundi states that, 

15 ‘‘impunity for those who committed serious human 

16 rights violations, and the continuing lack of account17 ability for those who committed past abuses, re18 mained key factors in the country’s continuing insta19 bility.’’

20 (3) The Department’s 2002 Country Report on 

21 Human Rights Practices in the Democratic Republic 

22 of the Congo states that, ‘‘the judiciary continued to 

23 be underfunded, inefficient, and corrupt. It largely 

24 was ineffective as a deterrent to human rights 

25 abuses or as a corrective force.’’
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1 (4) The Department’s 2002 Country Report on 

2 Human Rights Practices in Rwanda states that 

3 ‘‘there were credible reports that Rwandan Defense 

4 Force units operating in the [Democratic Republic 

5 of the Congo] committed deliberate unlawful killings 

6 and other serious abuses, and impunity remained a 

7 problem,’’ and that ‘‘the Government continued to 

8 conduct genocide trials at a slow pace.’’

9 (5) The Department’s 2002 Country Report on 

10 Human Rights Practices in Uganda states that ‘‘se11 curity forces used excessive force, at times resulting 

12 in death, and committed or failed to prevent 

13 extrajudicial killings of suspected rebels and civil14 ians. The Government enacted measures to improve 

15 the discipline and training of security forces and 

16 punished some security force officials who were 

17 guilty of abuses; however, abuses by the security 

18 forces remained a problem.’’

19 (6) Ongoing human rights abuses in the Demo20 cratic Republic of the Congo, including ethnically21 based conflict, threaten the integrity and viability of 

22 the Congolese peace process. 

23 (b) STATEMENT OF POLICY.—It is the policy of the 

24 United States Government to support—
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1 (1) efforts aimed at accounting for the grave 

2 human rights abuses and crimes against humanity 

3 that have taken place throughout the central African 

4 region since 1993; 

5 (2) programs to encourage reconciliation in 

6 communities affected by such crimes; and 

7 (3) efforts aimed at preventing such crimes in 

8 the future. 

9 (c) REPORT.—Not later than 180 days after the date 

10 of enactment of this Act, the Secretary shall submit to 

11 the appropriate congressional committees a report on the 

12 actions taken by the United States Government to imple13 ment the policy set out in subsection (b). 

14 (d) AUTHORIZATION.—Of the amounts made avail15 able under chapter 4 of part II of the Foreign Assistance 

16 Act of 1961 (22 U.S.C. 2346 et seq.), up to $12,000,000 

17 may be made available for fiscal year 2005 to support the 

18 development of responsible justice and reconciliation 

19 mechanisms in the Democratic Republic of the Congo, 

20 Rwanda, Burundi, and Uganda, including programs to in21 crease awareness of gender-based violence and to improve 

22 local capacity to prevent and respond to such violence. 
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1 SEC. 2517. AFRICAN CONTINGENCY OPERATIONS TRAINING 

2 AND ASSISTANCE PROGRAM. 

3 (a) AVAILABILITY OF FUNDS.—Of the amounts made 

4 available under chapter 6 of part II of the Foreign Assist5 ance Act of 1961 (22 U.S.C 2348 et seq.), $15,000,000 

6 may be made available in fiscal year 2005 to support the 

7 African Contingency Operations Training and Assistance 

8 program (in this section referred to as ‘‘ACOTA’’) to en9 hance the capacity of African militaries to participate in 

10 peace support operations. 

11 (b) ELIGIBILITY FOR PARTICIPATION.—

12 (1) CRITERIA.—Countries receiving ACOTA 

13 support shall be selected on the basis of—

14 (A) the country’s willingness to participate 

15 in peace support operations; 

16 (B) the country’s military capability; 

17 (C) the country’s democratic governance; 

18 (D) the nature of the relations between the 

19 civil and military authorities within the country; 

20 (E) the human rights record of the coun21 try, with particular attention paid to the record 

22 of the military; and 

23 (F) the relations between the country and 

24 its neighboring states. 
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1 (2) ELIGIBILITY REVIEW.—The eligibility sta2 tus of participating countries shall be reviewed at 

3 least annually. 

4 (c) SENSE OF CONGRESS ON LOCAL CONSULTA5 TIONS.—It is the sense of Congress that the Department 

6 should—

7 (1) provide information about the nature and 

8 purpose of ACOTA training to nationals of a coun9 try participating in ACOTA, including parliamentar10 ians and nongovernmental humanitarian and human 

11 rights organizations; and

12 (2) to the extent possible, provide such informa13 tion prior to the beginning of ACOTA training ac14 tivities in such country. 

15 (d) SENSE OF CONGRESS ON MONITORING.—It is the 

16 sense of Congress that—

17 (1) the Department and other relevant depart18 ments and agencies should monitor the performance 

19 and conduct of military units that receive ACOTA 

20 training or support; and 

21 (2) the Department should provide to the ap22 propriate congressional committees an annual report 

23 on the information gained through such monitoring. 
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1 SEC. 2518. CONDITION ON THE PROVISION OF CERTAIN 

2 FUNDS TO INDONESIA.

3 (a) CONDITION ON ASSISTANCE.—Subject to sub4 section (c), no funds made available under section 23 of 

5 the Arms Export Control Act (22 U.S.C. 2763) or chapter 

6 5 of part II of the Foreign Assistance Act of 1961 (22 

7 U.S.C. 2347 et seq.) in fiscal year 2005, other than funds 

8 made available for expanded military education and train9 ing under such chapter, may be available for a program 

10 that involves the Government of Indonesia or the Indo11 nesian Armed Forces until the President makes the certifi12 cation described in subsection (b). 

13 (b) CERTIFICATION.—The certification referred to in 

14 subsection (a) is a certification submitted by the President 

15 to the appropriate congressional committees that the Gov16 ernment of Indonesia and the Indonesian Armed Forces 

17 are taking effective measures, including cooperating with 

18 the Director of the Federal Bureau of Investigation—

19 (1) to conduct a full investigation of the attack 

20 on United States citizens in West Papua, Indonesia 

21 on August 31, 2002; and 

22 (2) to criminally prosecute the individuals re23 sponsible for such attack. 

24 (c) LIMITATION.—Nothing in this section shall pro25 hibit the United States Government from continuing to 

26 conduct programs or training with the Indonesian Armed 
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1 Forces, including counter-terrorism training, officer visits, 

2 port visits, or educational exchanges that are being con3 ducted on the date of the enactment of this Act. 

4 SEC. 2519. ASSISTANCE TO COMBAT HIV/AIDS IN CERTAIN 

5 COUNTRIES OF THE CARIBBEAN REGION. 

6 Section 1(f)(2)(B)(ii)(VII) of the State Department 

7 Basic Authorities Act of 1956 (22 U.S.C. 

8 2651a(f)(2)(B)(ii)(VII)) is amended by inserting after 

9 ‘‘Zambia,’’ the following: ‘‘Antigua and Barbuda, the Ba10 hamas, Barbados, Belize, Dominica, Grenada, Jamaica, 

11 Montserrat, Saint Kitts and Nevis, Saint Vincent and the 

12 Grenadines, Saint Lucia, Suriname, Trinidad and Tobago, 

13 Dominican Republic,’’. 

14 SEC. 2520. REPEAL OF OBSOLETE ASSISTANCE AUTHORITY. 

15 Sections 495 through 495K of the Foreign Assistance 

16 Act of 1961 (22 U.S.C. 2292f through 2292q) are re17 pealed. 

18 SEC. 2521. TECHNICAL CORRECTIONS. 

19 (a) ERROR IN ENROLLMENT.—Effective as of No20 vember 21, 1990, as if included therein, section 10(a)(1) 

21 of Public Law 101–623 (104 Stat. 3356), relating to an 

22 amendment of section 610(a) of the Foreign Assistance 

23 Act of 1961 (22 U.S.C. 2360(a)), is amended by striking 

24 ‘‘ ‘part I’ ’’ and inserting ‘‘ ‘part I)’ ’’. 
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1 (b) REDESIGNATION OF DUPLICATIVELY NUMBERED

2 SECTION.—Section 620G of the Foreign Assistance Act 

3 of 1961, as added by section 149 of Public Law 104–164 

4 (110 Stat. 1436; 22 U.S.C. 2378a), is redesignated as sec5 tion 620J. 

6 (c) CORRECTION OF SHORT TITLE.—Effective as of 

7 September 30, 1961, as if included therein, section 111 

8 of Public Law 87–329 (75 Stat. 719; 22 U.S.C. 2151 

9 note) is amended by striking ‘‘ ‘The Foreign’’ and insert10 ing ‘‘the ‘Foreign’’.

Æ