On March 4, 2004, the Senate Foreign Relations Committee ordered reported S. 2144 , the Foreign Affairs Authorization Act, FY2005. Division B ofthe measure is designated as the Foreign Assistance Authorization Act, FY2005, textthat is largely patterned after foreign aid authorizing legislation ( S. 1161 ) debated, but not passed, in the Senate last year. Division B of S. 2144 authorizes about $16.9 billion for most, but not all, foreign assistance programs,funding many economic and military aid activities at levels requested by theAdministration for FY2005. Division B also incorporates two policy initiatives: theRadiological Terrorism Security Act and the Global Pathogen Surveillance Act. Congress last enacted a broad foreign assistance authorization act in 1985. Priorto 1985 beginning in the mid-1950s, it had been the congressional practice to debateand approve general foreign aid legislation either annually or biennially. Thesedebates frequently evolved into a wide-ranging consideration of U.S. foreign policythat went well beyond discussions of economic and military assistance programs. Assuch, the legislation was frequently marked by controversy, internal congressionaldisagreements concerning international issues, and disputes between the executiveand legislative branches regarding Presidential management of foreign policy. Inseveral years since 1985, Congress considered foreign aid authorizing measures, butthe bills failed to reach final passage. (1) In the interim,lawmakers have approved morenarrowly focused, "single-issue" foreign aid authorization bills, such as the Supportfor East European Democracy (SEED) Act (1989), the FREEDOM Support Act(1992), the International Malaria Control Act (2000), and the more recently enactedUnited States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003. Lack of Administration support for foreign aid bills has been a continuing obstacle to enactment over the past 18 years. The Clinton Administration submitteddraft legislation in 1994 seeking to re-write the Foreign Assistance Act of 1961, butin most cases, the executive has opposed or not encouraged consideration of broadforeign assistance measures which were perceived as intrusions into Presidentialflexibility in managing foreign policy or excessive congressional earmarking. In the absence of omnibus foreign aid authorizations, the majority of the foreign assistance legislation has been enacted as part of annual Foreign Operationsappropriation measures. Over the past 19 years, these appropriation bills increasingly have expanded their scope beyond spending issues and played a majorrole in shaping, authorizing, and guiding both executive and congressional foreignaid and broader foreign policy initiatives. It has been largely through ForeignOperations appropriations that the United States has modified aid policy and resourceallocation priorities since the end of the Cold War. Legislation authorizing U.S.participation in most multilateral development bank replenishments since the early1980s has been incorporated into Foreign Operation measures. The legislation andcompanion supplemental appropriation bills have also been the channel throughwhich the President has utilized foreign aid as a tool in the global war on terrorismsince the attacks of September 11, 2001. Earlier this year, the President's newforeign aid initiative -- the Millennium Challenge Corporation -- was authorizedwith the FY2004 Foreign Operations Appropriations Act. Appropriation measures have also been a key instrument used by Congress to apply restrictions and conditionson Administration management of foreign assistance, actions that have frequentlyresulted in executive-legislative clashes similar to those that occurred previously inauthorization debates. Last year, the Foreign Relations Committee reported a similar bill -- S. 1161 -- characterizing the action as effort to "reinforce" theCommittee's role in foreign assistance policy making. (2) Chairman Lugar noted duringthe Committee's markup of that bill that it was not an attempt to comprehensivelyreview and re-write existing foreign aid legislation. Rather, S. 1161 represented a first step in providing necessary authorization for programappropriations in FY2004 and updating selected legislative provisions to reflectcurrent policy. Senator Lugar said that it was his intent to launch a more ambitiouseffort in the future to revamp the Foreign Assistance Act of 1961 and otherlong-standing foreign aid laws. After being folded into S. 925 (the Foreign Relations Authorization Act, Fiscal Year 2004), the Senate debated on July 9 and 10, 2003, the foreign aidauthorizing legislation, adopting several amendments but without coming to a finalvote. S. 2144 is a continuation of the 2003 Committee's effort to steeran omnibus foreign policy authorizing bill for FY2005 through the Senate forconsideration by the House-Senate conference committee. The House approved onJuly 16, 2003, companion legislation ( H.R. 1950 ) that includes many ofthe same provisions on State Department operations and security assistance issuesas the new Senate measure, but does not address economic aid programs. Division B of S. 1161 is divided into five titles: Title XXI includes a series of FY2005 authorizations of appropriations. Title XXII updates and amends several existing foreign aid authorities, some of which have been annually extended in appropriation acts inrecent years. Title XXIII is the Radiological Terrorism Security Act. Title XXIV is the Global Pathogen Surveillance Act. Title XV consists of a number of miscellaneous provisions, several of which address Africa and Latin America issues, including authorizationfor additional aid to Haiti. Division B of S. 2144 authorizes the appropriation of about $16.9 billion for 22 foreign assistance programs, closely matching the account structure ofthe annual Foreign Operations appropriations for bilateral economic and military aid. As shown in Table 1, the authorizations in many cases are identical to amountsrequested by the Administration. The total for foreign aid programs, however, is$182 million less than proposed by the Administration. These "savings" in foreignassistance are added to authorizations for the State Department and otherinternational affairs programs covered in S. 2144 or for funding anotherCommittee initiative, the Stabilization and Reconstruction Civilian Management Actof 2004 ( S. 2127 ). In total, authorizations recommended in S. 2144 and S. 2127 equal the President's FY2005 budgetfor the equivalent accounts. While several foreign aid programs are authorized at the requested level, the Committee bill adds funding for others: $200 million increase for child survival and health programs, largely to increase resources for international HIV/AIDSactivities. $17 million increase for development assistance. $25 million more for aid to the former Soviet Union. $5 million increase for East European assistance. $70 million increase for the Nonproliferation, Anti-Terrorism, Demining, and Related Assistance (NADR) programs. Table 1. Foreign Assistance Authorizations in Div. B, S.2144 (3) (millions of dollars) a. Each account is adjusted for the 0.59% across-the-board rescission required by Division H of P.L. 108-199 , the Consolidated Appropriations Act, FY2004. b. FY2003 supplemental includes funds appropriated in P.L. 108-106 . Offsetting these and additions made in other parts of S. 2144 is a reduction of $500 million for the President's new foreign aid initiative, theMillennium Challenge Account (MCA). The legislation, however, continues forFY2005 existing authority to use up to 10% of MCA funding to assist countries thatfail, by a narrow margin, to qualify for the MCA program in hopes of improving theirchances in future years. Total amounts authorized in S. 2144 conform to the overall level for international affairs spending approved in the Senate on March 11 in the FY2005Budget Resolution ( S.Con.Res. 95 ). The Senate-passed measureincreases the President's $31.6 billion foreign policy budget request to $32.33 billionin discretionary spending, largely due to floor amendments by Senators Lugar,Durbin, and Dewine adding $1.83 billion to the Committee-reported level. Althoughnot binding, amendment sponsors said they intended the additional funds to be usedfor higher resources for HIV/AIDS, aid to Haiti, and more broadly to fill fundinggaps throughout the international affairs budget. Title XXII of Division B of S. 2144 includes 35 sections, most of which incorporate into permanent law legislative items that have been included inannual appropriations in recent years or update existing provisions that have not beenamended to reflect current circumstances. For example, provisions routinely carriedin appropriation acts concerning assistance to non-governmental organizations,authority to undertake reconstruction projects with disaster aid funds, aid to theformer Soviet Union, aid prohibitions for countries whose elected head ofgovernment has been deposed by a military coup, and Administration of Justice,demining, and debt relief programs would be added to the Foreign Assistance Actof 1961. Presumably, similar measures would be dropped from future ForeignOperations appropriation bills. The legislation also updates long-standing authorities, such as those related to the President's special waiver authority [section 614(a) of the Foreign AssistanceAct], prohibition on aid to countries in default on debt owed to the United States,additions to war reserve stockpiles in Israel, restrictions on aid to Lebanon, dollarthresholds of arms sales that must be notified to Congress, and several otheradministrative authorities. S. 2144 further extends an existing waiverfor Pakistan aid restrictions through FY2005. Title XXIII of S. 2144 addresses the threat posed by terrorist use of radiological dispersal devices, or RDDs. These devices spread radioactivematerial, whether by a chemical explosive ("dirty bombs") or by spraying, scattering,or dumping it without an explosive. The United States has devoted far more resources to studying the effects of RDDs and to planning responses to an RDD attack than have many other countries.