39-010

Calendar No. 48

109TH CONGRESS

Report

SENATE

1st Session

109-35

--FOREIGN AFFAIRS AUTHORIZATION ACT,FISCAL YEARS 2006 AND 2007

March 10, 2005- Ordered to be printed

Mr. LUGAR, from the Committee on Foreign Relations,submitted the following

REPORT

[To accompany S. 600]

The Committee on Foreign Relations, having had under consideration an original bill (S. 600) to authorize appropriations for the Department of State and international broadcasting activities for fiscal years 2006 and 2007, for the Peace Corps for fiscal years 2006 and 2007, for foreign assistance programs for fiscal years 2006 and 2007, and for other purposes, reports favorably thereon with amendments and recommends that the bill as amended do pass.

CONTENTS Page
I. Purpose 1
II. Committee Action 2
III. Summary 3
IV. Division A--Foreign Relations Authorization 6
(A) Summary of Funds 6
(B) Section-by-Section Analysis 6
V. Division B--Foreign Assistance Authorizations 25
(A) Summary of Funds 25
(B) Section-by-Section Analysis 26
VI. Cost Estimate 58
VII. Evaluation of Regulatory Impact 58
VIII. Changes in Existing Law 58

I. PURPOSE

The Foreign Affairs Authorization Act, Fiscal Years 2006 and 2007, authorizes funding for the Department of State, United States international broadcasting activities, the U.S. Agency for International Development, the Peace Corps, foreign assistance and other foreign affairs programs for FY 2006 and 2007. The bill also addresses several important regional and functional foreign policy issues.

II. COMMITTEE ACTION

The committee has held several public hearings over the past several months focusing on the issues addressed in this legislation. On February 16, Secretary of State Condoleezza Rice testified regarding the President's budget request for international affairs. On March 2, State Department and USAID officials testified in a six-part hearing on the administration's policies and foreign assistance goals in various regions of the world. Other hearings leading up to the consideration of this legislation focused on lessons learned from the international response to the tsunami tragedy in the Indian Ocean region, strategies for U.S. policy in Iraq and the Middle East, and the status of the six-party talks with North Korea. In the 108th Congress, the committee also held a number of hearings that informed its work on this legislation. They included hearings on visa policy, the Millennium Challenge Corporation, an ongoing committee investigation into efforts to combat corruption in the multilateral development banks, the situation in Sudan, reform and counter-terrorism in Pakistan, the Middle East Road Map, and several updates on U.S. efforts in Iraq. Throughout their work in both public hearings and in classified briefings, committee Members have explored the policy choices, the challenges, and the purposes that underlie the funding and the authorities contained in this legislation.

The committee considered an original bill on March 3, 2005. During the mark-up of this legislation, the committee adopted by voice vote a managers' package consisting of 10 amendments. A number of other amendments were also adopted by voice vote:

An amendment offered by the Chairman that authorizes the Secretary of State to carry out an accelerated global program to secure or eliminate conventional weapons and tactical missile systems that pose a proliferation threat. The amendment redesignates an office in the Department to formulate policy and plan programs to reduce conventional arms and authorizes funding for the effort.

An amendment offered by Senator Boxer expressing the Sense of Congress that the municipal elections recently held in Saudi Arabia are a positive step and that it is in the interest of Saudi Arabia to permit women to run for office and vote in all future elections.

An amendment by Senator Sununu authorizing the Secretary of State to provide scholarships for students from Islamic countries to study at U.S. institutions of higher education that are chartered and accredited in the United States and located in Islamic countries.

An amendment by Senator Feingold requiring the Coordinator of U.S. Government Activities to Combat HIV/AIDS Globally to issue a public report on U.S. funds spent to procure anti-retroviral drugs for patients in U.S. aid-recipient countries.

An amendment by Senator Feingold requiring a report to Congress on the status of cooperation between the Indonesian government and the U.S. government in the Timika investigation before release of FY 2006 funds for international military education assistance or defense-related procurement by Indonesia.

An amendment by Senator Sarbanes adding an increase in the cap for hardship pay to the bill's provision increasing the cap for danger pay for Foreign Service officers.

An amendment by Senator Sarbanes stating that $2 million in International Military and Education Training should be made available to Greece in 2006 and 2007.

By a vote of 9-9, the committee defeated an amendment proposed by Senator Sarbanes to increase funding for Development Assistance, Child Survival and Health, and International Organizations and Programs. The amendment would have drawn the additional funds from the Millennium Challenge Account and Transition Initiatives.

The committee ordered the bill reported, as amended, by a vote of 18 to 0. Ayes: Lugar, Hagel, Chafee, Allen, Voinovich, Alexander, Coleman, Sununu, Murkowski, Martinez, Biden, Sarbanes, Dodd, Kerry, Feingold, Boxer, Nelson, and Obama.

III. SUMMARY

The committee believes that the authorizations of appropriations contained in this legislation must be seen as an integral component of national security policy. This funding is the civilian complement to the defense budget, providing the resources, personnel and programs that undergird the nation's diplomatic strength. When they are successful, these tools of foreign policy can save more than treasure. They can save American lives. Comparatively inexpensive, the foreign affairs funding authorized in this legislation is only about 4 percent of total government discretionary spending, whereas the nation is now spending some 50 percent of discretionary funds on the military component of national security policy.

In reporting this bill to the Senate, the committee urges fellow Senators to embrace the vision that a strong and well-funded foreign policy boosts the chances that our country will prevail in the war against terrorism and can check the kind of cataclysmic attack foreshadowed by the tragedy of September 11th. The committee believes that diplomatic clout, strong international information programs, and targeted foreign assistance are a national security priority.

Authorizations of appropriations in this bill cover the operating expenses and programs of the Department of State, the U.S. Agency for International Development, the Broadcasting Board of Governors, the Peace Corps, and the Millennium Challenge Corporation for Fiscal Years 2006 and 2007. Among other programs, it includes funding to address the HIV/AIDS epidemic, build safer embassies for citizens serving in a more dangerous world, and carry out education and cultural exchange programs that enrich America's dialogue with other nations. It funds the cadre of personnel leading the civilian battle against terrorism in foreign capitals: consular officers to defend our borders, political officers to gain cooperation on apprehending terrorists, public diplomacy officers to get America's story out, and ambassadors to lead the complex and multi-faceted mission.

The bill authorizes appropriations for the President's foreign affairs budget within the jurisdiction of the committee at the level he requested. It represents a 13 percent increase over last year's appropriated level and a 10.7 percent increase, as calculated by the Congressional Budget Office, over last year's baseline amount. The committee finds these increases necessary and justified. Since the end of the Cold War, the foreign affairs account has suffered frequently from inadequate funding. The American public generally understands that the United States reduced military spending in the 1990s following the fall of the Soviet Union. Few are aware, however, that reductions were applied even more unsparingly to foreign affairs programs. In constant dollars, the foreign affairs budget was cut in six consecutive years from 1992 to 1998. This slide occurred even as the United States sustained the added costs of establishing new missions in the fifteen states that were part of the former Soviet Union. In constant dollars, the cumulative effect was a 26 percent decrease in our foreign affairs programs. As a percentage of GDP, this six-year slide represented a 38 percent cut in foreign affairs programs.

This bill contains numerous legislative branch initiatives, most notably the Stabilization and Reconstruction Civilian Management Act, which was developed in this committee and was reported out last year. Its purpose is to build Department of State capacity to organize and lead the civilian component of stabilization and reconstruction missions overseas. Uncontrolled territory, chaotic post-conflict situations, and criminalized governments can provide terrorists with sanctuaries where they regroup, train, and plan without fear of arrest. The bill establishes in law the office that will anticipate and plan for the difficulties of rebuilding stable societies in post-conflict situations. The bill authorizes appropriations for personnel, training, and resources for this enormous new undertaking.

Three other legislative branch initiatives included in the bill call for U.S. leadership on several fronts. The Protection of Vulnerable Populations during Humanitarian Emergencies Act of 2005 includes provisions designed to improve protections for women, children, and other vulnerable populations in the context of war or disaster. The Safe Water: Currency for Peace Act of 2005 recognizes that safe water and sanitation, sound water management, and improved hygiene for people around the world is an essential ingredient of our foreign policy objectives. It authorizes a 5-year pilot program to assist countries that have a high rate of water-borne illness, with alternative funding mechanisms such as investment insurance, investment guarantees or loan guarantees to develop sustainable water infrastructure systems. The Global Pathogen Surveillance Act of 2005 acknowledges that the threat of bioterrorism or the potential spread of such dangerous diseases as SARS and Avian flu poses significant challenges not only for the United States, but also for the entire world. The Global Pathogen Surveillance Act seeks to enhance the capability of the international community to detect, identify, and contain infectious disease outbreaks, and to determine whether those outbreaks are natural or deliberately initiated.

The authorizations of appropriations for foreign assistance place top priority on assisting the front-line states in the war on terrorism. The authorization of funding for these countries is $5.8 billion, 9 percent more than requested in FY2005. Likewise, the bill increases funding for the non-proliferation and anti-terrorism programs by $41 million to a total of $440 million.

The bill includes executive branch initiatives targeting democracy, governance and economic development in the Middle East. Authorization of appropriations for the State Department's Middle East Partnership Initiative (MEPI) is increased from $89 million to $150 million. The National Endowment for Democracy budget is increased by one-third to $80 million to continue the President's Greater Middle East Democracy Initiative. The bill contains $150 million of the funds pledged by the President in his State of the Union address for programs in the West Bank and Gaza.

Improving U.S. public diplomacy is a clear priority for the committee. With the successful Iraqi elections, the widely known and generous American response to the tsunami tragedy, and new optimism on the Israeli-Palestinian front, there is an opportunity to shape wavering international opinion of U.S. goals and values. The bill provides the authorization for an increase of $8 million in the Diplomatic and Consular account to be spent on public diplomacy, $430.4 million for Educational and Cultural Exchanges (an increase of $74.5 million), and $651.9 million for international broadcasting (an increase of $60.3 million).

One of the largest increases in authorized amounts in the bill is for the Millennium Challenge Corporation (MCC). The request is for $3 billion, a significant sum and a 100 percent increase over last year's appropriation. The committee did not approve an amendment to defer such a large increase in funding for the MCC and distribute the $427 million cut among other foreign aid accounts. While views on the specific amendment varied, the debate demonstrated strong committee support for the MCC's long-term mission to boost economic development in the poorest, but most likely-to-succeed countries. The committee intends to continue to monitor MCC developments to ensure that the organization adheres to its publicly stated principles and goals while making deliberate but timely progress in obligating funding to MCC recipient projects and programs.

The bill also focuses resources on the HIV/AIDS pandemic that threatens to overwhelm entire societies. The President requested a significant increase in HIV/AIDS assistance, with the overall request at $3.2 billion, up from the appropriated $2.9 billion last year. The two-thirds of that amount contained in the 150 account has been fully funded by Congress in previous legislation. This bill is consistent with the President's HIV/AIDS request. The committee has long advocated a leading U.S. international role in both preventing and treating this devastating disease.

IV. DIVISION A--FOREIGN RELATIONS AUTHORIZATION

(A) SUMMARY OF FUNDS

[IN THOUSANDS OF DOLLARS]


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                                                          FY 2005 appropriations estimate FY 2006 request FY 2006 bill as reported 
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Diplomatic and Consular Programs                                               $4,172,220      $4,472,641               $4,472,641 
[Includes: Worldwide Security Upgrades]                                           649,904         689,523                  689,523 
Capital Investment Fund                                                           128,263         133,000                  133,000 
Embassy Security Construction  & Maintenance                                    1,503,644       1,526,000                1,526,000 
Other State Department Accounts                                                                                             
Representation Allowances                                                           8,525           8,281                    8,281 
Protection of Foreign Mission and Officials                                         9,762           9,390                    9,390 
Emergencies in Diplomatic and Consular Service                                        987          13,643                   13,643 
Repatriation Loans                                                                  1,203           1,319                    1,319 
Payment to the American Institute  in Taiwan                                       19,222          19,751                   19,751 
Office of the Inspector General                                                    30,028          29,983                   29,983 
Education, Cultural, and Public Diplomacy Programs                                                                          
Total                                                                             355,932         430,400                  430,400 
Related Appropriations                                                                                                      
National Endowment for Democracy                                                   59,199          80,000                   80,000 
East-West Center                                                                   19,240          13,024                   13,024 
The Asia Foundation                                                                12,826          10,000                   10,000 
International Organizations                                                                                                 
Contributions for International  Organizations                                  1,166,212       1,296,500                1,296,500 
Contributions for International Peacekeeping                                      483,455       1,035,500                1,035,500 
International Commissions                                                                                                   
International Boundary &  Water Commissions--S&E                                   26,880          28,700                   28,700 
International Boundary & Water  Commissions--Construction                           5,239           6,600                    6,600 
International Boundary Commission                                                   1,231           1,429                    1,429 
International Joint Commission                                                      6,214           6,320                    6,320 
International Fisheries Commissions                                                21,688          25,123                   25,123 
Migration and Refugee Assistance                                                                                            
Total                                                                             763,840         892,770                  892,770 
International Broadcasting Activities                                                                                       
Total International Broadcasting                                                  591,552         651,943                  651,943 
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(B) SECTION-BY-SECTION ANALYSIS

Sec. 101. Administration of Foreign Affairs

This section authorizes appropriations under the heading `Administration of Foreign Affairs' for FY 2006 and 2007.

The committee has authorized the full amount of the President's request in FY 2006 and provided such sums as may be necessary in FY 2007 for Diplomatic and Consular Programs, Worldwide Security Upgrades, the Capital Investment Fund, Embassy Security, Construction and Maintenance, Educational and Cultural Exchange Programs, Representation Allowances, Protection of Foreign Missions and Officials, Emergencies in the Diplomatic and Consular Service, Repatriation Loans, Payment to the American Institute in Taiwan and the Office of the Inspector General.

Sec. 102. International organizations and conferences

This section authorizes appropriations in FY 2006 and such sums as may be necessary in FY 2007 for contributions to international organizations (CIO) and for contributions to international peacekeeping (CIPA).

The committee is authorizing the full amount requested for both the CIO and CIPA accounts. The funding represents U.S. treaty obligations to pay assessed contributions to the U.N. regular budget, the budgets of the specialized agencies in which the U.S. is a member, and the U.S. share of peacekeeping assessments. The committee is requesting a report from the Secretary of State on the implementation of the recommendations contained in the United Nations' August 2000 `Brahimi Report' on Peacekeeping Operations. The request specifically cites the committee's interest in learning how the U.S. Government is contributing to the development of a more robust U.N. capacity to organize international police units for use on an emergency basis.

The committee continues its ongoing interest in bringing payment of U.S. dues to the United Nations into synchronization with the U.N. budget. Currently, U.S. annual dues are paid late in the calendar year, at the start of the U.S. fiscal year; however, the U.N. budget year begins in January. The annual payment of U.S. dues nine months late strains the U.N.'s financial stability, and frequently jeopardizes accounts for critical peacekeeping missions. The administration is urged to request funding next year that would result in the U.S. paying its dues on time annually, in January, when they are due.

The committee also recognizes and supports the administration's efforts, particularly over the past year, to establish a Democracy Caucus at the United Nations. Such a caucus would work within the various bodies of the United Nations, such as the General Assembly and the Commission on Human Rights, to bolster global democratic principles, advance human rights, and promote international security and stability.

Sec. 103. International Commissions

This section authorizes appropriations for FY 2006 and such sums as may be necessary for 2007 under the heading `International Commissions.' It authorizes funds necessary to enable the United States to meet its obligations as a participant in international commissions, including those dealing with American boundaries and related matters with Canada and Mexico, and international fisheries commissions.

Sec. 104. Migration and refugee assistance

This section authorizes appropriations for fiscal year 2006 and such sums as may be necessary for 2007 to enable the Secretary of State to provide assistance and make contributions for migrants and refugees, including contributions to international organizations such as the United Nations High Commissioner for Refugees and the International Committee for the Red Cross, through private volunteer agencies, government, and bilateral assistance, as authorized by law.

Sec. 105. Centers and Foundations

This section authorizes appropriations for fiscal year 2006 of $80,000,000 for the National Endowment for Democracy, $13,024,000 for the Center for Cultural and Technical Interchange between East and West, and $10,000,000 for the Asia Foundation. It authorizes such sums as may be necessary for 2007.

Sec. 106. Vietnam Fulbright Academic Exchange Program

Of the amount made available for `Educational and Cultural Exchange Programs' under section 101(4), this section authorizes appropriations of $5,000,000 for fiscal year 2006 and $5,000,000 for fiscal year 2007 for the Vietnam Fulbright academic exchange program.

SUBTITLE B--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

Sec. 111. Authorizations of appropriations

This section authorizes appropriations for international broadcasting activities in fiscal year 2006 in the amount of $641,050,000. For Broadcasting Capital Improvements, $10,893,000 is authorized. It authorizes such sums as may be necessary for both accounts for fiscal year 2007.

TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Sec. 201. Interference with protective functions

This section makes it a crime to knowingly and willfully obstruct, resist, or interfere with Diplomatic Security agents involved in their protective duties. The provision is modeled on a similar provision in the Federal criminal code with regard to interference with the protective duties conducted by the Secret Service. (18 U.S.C. 3056(d)).

Sec. 202. Authority to issue administrative subpoenas

This section provides a narrow administrative subpoena authority for the Secretary of State that may be issued in cases of an `imminent threat' to persons, missions or organizations protected by Diplomatic Security agents under the authority of Section 37(a)(3) of the State Department Basic Authorities Act of 1956. The authority is similar to one provided to the Secret Service (see 18 U.S.C. 3486), and the procedural protections of that provision will apply here. The power to issue such subpoenas can be delegated by the Secretary only to the Deputy Secretary, thereby assuring close attention to this authority at the highest level of the Department. In addition, to facilitate oversight of the exercise of this authority, the Secretary must report annually to the committee on its use.

Sec. 203. Enhanced Department of State Authority for Uniformed Security Officers

This section provides law enforcement authority to uniformed security guards at State Department facilities in the Washington, DC area and elsewhere in the United States, and authority to designate firearms and explosives training officers as law enforcement officers for the purposes of safeguarding weapons at training facilities and in transit. Under current law, the uniformed contract guards who provide security at Department facilities are governed by a patchwork quilt of authorities. Such guards have some law enforcement authority under delegations by the General Services Administration (at those facilities which are GSA-operated), and under an arrangement with the Marshals Service which allows certain guards to be deputized.

The committee finds it unacceptable that there is not clear legal authority provided to guards charged with protecting Department facilities and employees. The committee notes that numerous other Federal departments have similar statutory authority, including the Departments of Defense, Energy, Transportation, and Veterans Affairs, as well as the National Aeronautics and Space Administration and the Federal Reserve.

Sec. 204. Grant authorities

This section authorizes the Secretary of State to use grants, cooperative arrangements, or contracts to support public diplomacy efforts promoting biotechnology and to support training and technical assistance projects for the protection of intellectual property rights. This authority is intended to provide a tool to help ensure that views and decisions of foreign governments concerning biotechnology and its applications in the areas of food and agriculture reflect scientific findings about such technology. In addition to providing grant authority for the protection of intellectual property rights, the committee urges the Department to make the protection of such rights a top priority in its diplomatic agenda in nations where weak or ineffective law enforcement is undermining the internationally recognized rights of American authors, recording artists, and the motion picture industry to have their creative works protected.

Sec. 205. International Litigation Fund

This section allows the State Department to retain awards of costs and attorneys' fees when defending against international claims in addition to amounts currently allowed to be retained when it successfully prosecutes a claim.

Sec. 206. Retention of medical reimbursements

Currently, medical insurance reimbursements for payments made by the State Department for employee health care abroad must be credited to Department accounts in the year the obligation and payment for the medical services was made. This section allows the Department to retain these reimbursements in Department accounts in the year in which they are collected, ensuring that reimbursements obtained in the fiscal year following that in which the obligation and payment was made will be available to the Department.

Sec. 207. Transfer authority for Buying Power Maintenance Account

This section amends Section 24(b)(7) of the State Department Basic Authorities Act of 1956, which permits the transfer of up to $100 million in expired, unobligated balances into the no-year Buying Power Maintenance Account as a means to offset adverse fluctuations in foreign currency exchange rates. The section eliminates the requirement that such transfers be subject to appropriations.

Sec. 208. Accountability Review Boards

This section gives the Secretary of State the discretion to convene an Accountability Review Board, or use alternate procedures to conduct an inquiry for incidents that involve serious injury, loss of life or significant destruction of property at or related to a U.S. Mission in Iraq or Afghanistan. This authority extends from July 1, 2004 to September 30, 2009. If the Secretary chooses not to convene a Board, but instead uses the authority of this provision, she is required to notify the committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident, to conduct an inquiry, and to report to the committees on the findings and recommendations of the inquiry and the actions taken as a result. The Administration requested this provision. The committee recognizes that there is a higher level of risk involved at the U.S. missions in these two nations, and therefore the requirement for a full-scale Accountability Review Board may be impractical. The committee does expect, however, that in the case of such incidents, a thorough inquiry will be conducted in order to determine whether security procedures should be modified.

Sec. 209. Designation of Colin L. Powell Residential Plaza

This section names the Federal building in Kingston, Jamaica, formerly known as the Crowne Plaza and now a staff housing facility for the U.S. Embassy in Jamaica, after former Secretary of State Colin L. Powell.

Sec. 210. Removal of contracting prohibition

This section repeals Section 406(c) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986, which made persons doing business with Libya ineligible for contracts awarded under that act. Deletion of section 406(c) will permit the Department to undertake activities such as refurbishing and maintaining the current U.S. liaison office in Tripoli.

Sec. 211. American Institute in Taiwan facilities enhancement

This section amends the American Institute in Taiwan Facilities Enhancement Act to authorize such sums as may be necessary for construction of the American Institute in Taiwan compound. The original sum of $75 million, authorized in 2000, is inadequate, as the current estimate for a new facility is $143 million.

Sec. 212. Extension of the Advisory Committee on Cultural Diplomacy

This section extends the authorization of the Advisory Committee on Cultural Diplomacy, which was established by Section 224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228). That provision authorized the committee to operate until September 30, 2005, or for approximately three years. This provision extends the authorization of the committee for an additional two years, until September 30, 2007.

Sec. 213. Victims of crime in foreign countries

This section directs the Secretary of State to establish a Victims of Crime office in the Bureau of Consular Affairs. The office is to provide services to American victims of violent crimes overseas, to maintain a data base to track the incidents of violent crimes against Americans that are reported to overseas missions, and to administer financial assistance to victims who need it. This section gives the Secretary authority to use money from the `K' fund, which is for unforeseen emergencies arising in the diplomatic and consular service, to provide emergency financial assistance when no other assistance is available. The section requires a report from the Secretary outlining the operation of the office and recommending how it can be improved.

Sec. 214. The United States Diplomacy Center

This section authorizes the Secretary of State to establish a United States Diplomacy Center housing a museum, conference center and auditorium to be located in the Department of State headquarters at the Harry S Truman Building. As envisioned, the Center is intended to organize and sponsor educational and outreach programs explaining the role of U.S. diplomats and American foreign policy in safeguarding U.S. security, promoting peace, increasing prosperity, promoting U.S. values, and protecting U.S. citizens abroad. The committee notes that this would not be the first such center created by or located in a U.S. Government facility. It urges the Department to plan carefully and take every step necessary to ensure that public access to the Center does not compromise security of the headquarters building. To date, over $1.2 million has been raised for the museum from private sources, and the first of three phases of design and construction was completed in December 2004. A fund-raising strategic plan is being developed to raise the necessary funds for the remaining phases and will be implemented following internal review and approval by the Undersecretary for Management.

Sec. 215. Strengthening United States educational programs in the Islamic world

The committee appreciates the contributions that non-profit, U.S.-organized colleges and universities in the Middle East play in promoting U.S. national security. These institutions help to nurture democracy and tolerance by educating successive generations of leaders who are committed to American values and who understand the tangible economic, political, and social benefits that a commitment to democracy produces. These colleges and universities also help to foster mutual understanding between the United States and the Islamic world. They include the American University of Beirut, Lebanese American University, and the American University of Cairo. Scholarships authorized under this provision should assist in making these educational opportunities accessible to students of the region.

TITLE III--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

Sec. 301. Education allowances

This section modifies current law to authorize payments to cover certain education costs and educated-related travel costs for children of government personnel stationed at posts where schools are inadequate, and for college and post-graduate students who are still dependents. Students older than 22 are ineligible for such allowances.

Sec. 302. Official residence expenses

This section permits the Department of State to provide in advance funds available for official residence expenses under 5 U.S.C. sec. 5913(b) to those persons now eligible to receive reimbursement for such expenses.

Sec. 303. Increased limits applicable to post differentials and danger pay allowances

This section increases the cap for hardship and danger pay for Foreign Service personnel from 25 percent of salary to 35 percent . As a result of increased hardship and danger in many locations, many posts with high but disparate levels of hardship and danger are clustered at the ceiling rates of 25 percent . This has resulted in an inability to maintain appropriate distinctions between the various levels of hardship and danger.

This section would not result in an automatic increase of rates for all hardship locations or danger pay locations, but would provide the Department discretionary authority to make appropriate adjustments. Based on estimates presented to the committee, the Department of State could apply the full increase for danger pay to personnel serving at 8 posts in 5 countries and the full increase for hardship pay to personnel at 19 posts in 17 countries. The State Department estimates the cost of these increases at approximately $6 million, although the proposal could be implemented in phases to reduce the dollar impact.

The committee believes that the Department should find funding within its regular budget to cover the cost of lifting the cap on such pay. Increases are justified as an incentive to officers to serve at exceptionally difficult posts. The committee recognizes that Foreign Service officers take substantial risks in locating to remote and hazardous areas where U.S. presence is essential but where our representatives' physical health and well-being may be jeopardized.

Sec. 304. Home leave

This section allows additional flexibility in the application of the home leave program provided under the Foreign Service Act of 1980. First, it allows Foreign Service personnel to schedule their home leave, if desired, after 12 months of service at a post, rather than after 18 months as required under current law. Second, the provision delinks rest and recuperation travel from the timing of home leave so that members of the Service are allowed more flexibility in taking each.

Sec. 305. Fellowship of Hope Program

This section clarifies the authority of an existing exchange program with the foreign ministries of EU countries and with the EU Commission in Brussels and expands it to NATO countries and NATO headquarters. Under the expanded program, mid-level diplomats spend a year working in the foreign ministries of participating countries or in the European Commission or NATO headquarters.

Sec. 306. Security Officers Exchange Program

This section clarifies the authority of an existing exchange program with the foreign ministries of Australia and the United Kingdom. Under the program, security officers spend up to three years working in the foreign ministries of participating countries.

Sec. 307. Reemployment of annuitants

This section permits the Secretary of State to waive limitations on dual compensation that apply to re-employed Foreign Service annuitants when they are re-employed on a temporary basis in positions for which it is exceptionally difficult to recruit or retain qualified employees. Under current law, Foreign Service annuitants hired on a full-time basis have their annuities terminated; those employed on a part-time or intermittent basis may only work for a limited period of time each year because of the dual compensation limits. These limitations hamper the Department's ability to hire experienced individuals with unique skills to meet important mission needs. This waiver authority already exists for the Civil Service (5 U.S.C. 8468(f)(A)), but it is limited for the Foreign Service to emergencies involving a direct threat to life or property or other unusual circumstances.

This section grants on a pilot basis for the Foreign Service the additional waiver authority for positions for which it is exceptionally difficult to recruit or retain qualified employees; the authority will expire at the end of fiscal year 2007. One year following the enactment of this Act, the Secretary of State is required to submit to the Congress a report on use of this waiver authority. The committee expects the Department to ensure that such waivers are granted only in a limited number of exceptional cases and that such waivers are authorized only by the Under Secretary for Management.

Sec. 308. Suspension of Foreign Service members without pay

This section allows the Department to suspend without pay a member of the Foreign Service in cases where there is reasonable cause to believe that the employee has committed a crime for which he/she may be imprisoned and there is a connection to the efficiency of the Service. This provision is drawn from a similar provision in the civil service laws (see 5 U.S.C. Secs. 7512, 7513), and is similar to a provision that once existed in Section 610(a)(3) of the Foreign Service Act of 1980, but was replaced by a provision requiring conviction of a crime before suspension without pay could be imposed. See Section 143 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (P.L. 102-138).

Although the provision is not identical to the analogous provision in the civil service laws, it is intended to operate in the same manner as the law has developed (in cases of suspension involving a reasonable cause to believe that a crime has been committed) in the Merit Systems Protection Board and Federal courts of appeals. In those cases, the agency must show that it has a reasonable belief that the individual has committed a crime for which a term of imprisonment may be imposed and that it would `promote the efficiency of the service.' To show that a suspension promotes the efficiency of the service, the `agency must establish a nexus between . . . [the] acts of misconduct and the employee's job responsibilities.' Pararas-Carayannis v. Dep't of Commerce, 9 F.3d 955, 957 (Fed. Cir. 1993). The committee intends that the same nexus between the misconduct and the employee's duties be demonstrated in suspensions under this section.

Accordingly, the committee expects that suspensions will be imposed only in cases of serious crimes that bear a `sufficient relationship' to the employee's duties. Dunnington v. Dep't of Justice, 956 F.2d 1151, 1156 (Fed. Cir. 1992). In some cases, as the courts have held, `egregious criminal conduct' will justify a presumption that the nexus requirement has been satisfied, even if it occurred off-duty. Sanders v. U.S. Postal Service, 801 F.2d 1328, 1332 (Fed. Cir. 1986). A suspension may be indefinite, but it is not unlimited. Once the criminal case is concluded, the agency must make a decision on the employee's status within a reasonable period of time. Richardson v. Customs Service, 47 F.3d 415, 419 (Fed. Cir. 1995). If there is an acquittal and the employee is reinstated, the employee may receive back pay, either under the Back Pay Act, Richardson, 47 F.3d at 421, or Section 2(o) of the State Department Basic Authorities Act of 1956.

Sec. 309. Separation of lowest-ranked Foreign Service members

This section modifies existing personnel review procedures that require Foreign Service promotion panels to `low rank' five percent of every Foreign Service class. Under a law enacted in 1998, if a member is low ranked twice in five years, the Secretary must recommend separation (those so ranked are referred to a separate panel for consideration of whether they should be retained in the Service). The provision in this bill reduces the low ranking requirement from 5 percent to 2 percent. The committee is persuaded, based on the experience of the last several years, that 2 percent is a more appropriate standard.

Sec. 310. Clarification of Foreign Service Grievance Board procedures

This section allows the Foreign Service Grievance Board to retain an employee on the payroll while a grievance is being reviewed until a final decision is rendered on the merits of the case before the Board. This section corrects an unintended error in the conforming amendment made in Section 314 of the Foreign Relations Authorization Act of FY 2003 (P.L. 107-228) regarding separation for cause.

Sec. 311. Repeal of requirement for recertification process for Members of the Senior Foreign Service

This section repeals the requirement in Section 305(d) of the Foreign Service Act of 1980 that requires members of the Senior Foreign Service to be subjected to a recertification process that is equivalent to the recertification process for members of the Senior Executive Service. Such a process is no longer required for the Senior Executive Service, as it was repealed by Section 1321 of the Homeland Security Act of 2002.

Sec. 312. Deadline for issuance of regulations regarding retirement credit for Government service performed abroad

This section establishes a deadline of 60 days for the issuance of regulations to implement Section 321 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228), which provides for retirement credit for part-time, intermittent, or temporary (PIT) employees who worked for the Department of State overseas as part of the spousal employment program in the 1990s.

Sec. 313. Worldwide availability

This section clarifies that persons entering the Foreign Service must be available to serve worldwide and that the Secretary of State, through the Department's Office of Medical Services, determines whether candidates meet medical standards for worldwide availability. In line with current practice, the provision gives the Secretary, and the head of each of the respective agencies that hire Foreign Service personnel, discretion to waive the worldwide availability requirement to fulfill a compelling need of the Service.

Sec. 314. Technical amendments to Title 5 provisions on recruitment, relocation, and retention bonuses

Sections 5753 and 5754 of Title 5 were amended by Section 101 of the Federal Workforce Flexibility Act of 2004 to prohibit payment of recruitment, retention, and relocation benefits to persons holding positions to which they were appointed by the President with the advice and consent of the Senate. This technical amendment would amend sections 5753 and 5754 to clarify that they do not preclude the Department of State from offering such benefits to members of the Foreign Service, who are by definition appointed by the President with the advice and consent of the Senate under section 302(a)(1) of the Foreign Service Act of 1980.

Sec. 315. Limited appointments in the Foreign Service

This section codifies the State Department's practice of requiring specialist limited non-career appointees to have a one-year break in service after completion of a five-year limited appointment before assuming a new limited appointment. In addition, it authorizes the Department to extend limited appointments of career Foreign Service candidates, now capped at five years, in narrowly defined circumstances such as in cases where the officer is called to active duty military service or to remedy a grievance. The amendment further affords the Secretary the administrative flexibility to extend limited appointments upon a determination of exceptional circumstances and the needs of the Service.

Sec. 316. Personal service contractors

This section establishes a demonstration program permitting the State Department to hire personal service contractors (PSCs) for the Office of the Inspector General. No more than 20 PSCs may be employed at any one time, and the contract length for each PSC may not exceed two years, with up to one additional year possible in exceptional circumstances. This authority expires on December 31, 2007 and the PSC contracts may not remain in effect beyond June 30, 2008.

Sec. 317. Disclosure requirements applicable to proposed recipients of the personal rank of Ambassador or Minister

This section modifies existing law related to conferral of the personal rank of Ambassador. Under Section 302 of the Foreign Service Act of 1980, the President may confer such rank, without the advice and consent of the Senate, for special missions not exceeding six months in duration. When the President makes such a designation, he is required to submit certain information about the individual and the special mission to the Committee on Foreign Relations. This provision makes clear that the President shall submit to the committee a financial disclosure statement completed by the individual.

Sec. 318. Provision of living quarters and allowances to the United States Representatives to the United Nations

This provision increases from 30 to 40 the number of U.S. government officials who may be provided housing by the Secretary of State while serving at the U.S. mission to the United Nations in New York City. It also makes the allowance for housing not taxable, consistent with the overseas housing benefit. These changes reflect the committee's desire to ease difficulties in recruiting the best staff available to work in New York for two or three-year assignments and to promote effective diplomacy at the United Nations.

TITLE IV--INTERNATIONAL ORGANIZATIONS

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

This section would establish a permanent ceiling of 27.1 percent on U.S. payments to the United Nations peacekeeping budget. The committee is concerned by recent, credible reports of sexual abuse carried out by U.N. peacekeepers in missions in Haiti and the Democratic Republic of the Congo. Such abuses are deplorable and the guilty must be held accountable, in accordance with the United Nation's zero-tolerance policy for sexual abuse. At the same time, the committee recognizes that these 200-some cases represent a small percentage of the more than 65,000 U.N. peacekeepers and civilian police who are currently deployed and serving with honor and distinction in sixteen critical operations worldwide. The committee notes that U.N. peacekeeping missions are established with the concurrence of the United States government, which can veto a mission to which it objects. These missions provide a force multiplier in cases where a significant number of U.S. troops may be unavailable but where it is in the U.S. national interest to see order restored and maintained, for example, in such places as Liberia, Sudan, Kosovo, Haiti and the Pakistan/India border.

Sec. 402. REDI Center

This section authorizes U.S. participation in the Regional Emerging Disease Intervention (REDI) Center in Singapore. There is no authorization of appropriations needed as the Center is expected to be funded by Singapore. Given recent outbreaks of SARS and avian flu in the region, the committee fully supports U.S. participation in such activities.

Sec. 403. Report to Congress on implementation of the Brahimi Report

This section requires the Secretary of State to submit a report to the appropriate congressional committees that assesses the U.N. implementation of the recommendations of the 2000 Report of the Panel on United Nations Peace Operations (known as the `Brahimi Report'). The committee recognizes the importance of the U.N. peacekeeping operations, including their capability to deploy civil police forces in post-conflict stabilization missions. The committee believes that the report required by this section will contribute to its oversight of U.S. efforts and support for implementing any outstanding recommendations of the 2000 Brahimi assessment.

Sec. 404. Sense of Congress on the United Nations budgetary discipline and management reform

This section expresses the sense of Congress that the United Nations should comply with its commitments to budgetary discipline and management reform.

TITLE V--BROADCASTING BOARD OF GOVERNORS

Sec. 501. Short title

This provision designates the short title of Title V of the bill.

Sec. 502. Middle East broadcasting networks

This section amends the United States International Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) to authorize the Middle East Broadcasting Networks (MBN) as a non-federal grantee organization and to formally establish the MBN in permanent law. Congress has previously appropriated funds on an annual basis to the BBG for the MBN's two TV channels (Alhurra and Alhurra Iraq) as well as Radio Sawa, all broadcasting in Arabic.

MBN is consistent with other independent, not-for-profit broadcasting entities supervised by the BBG, and is required to meet the same standards and broadcasting principles. The annual grants to MBN by the BBG will be subject to auditing by the Comptroller General of the United States and inspection by the Inspector General of the Department of State.

Sec. 503. Improving signal delivery to Cuba

Jamming has been a problem since Radio Marti began broadcasting into Cuba in May 1985. This section authorizes the Office of Cuba Broadcasting to use additional AM frequencies, as well as FM and shortwave frequencies. Currently, Radio Marti is required to utilize the broadcasting facilities at Marathon, Florida, and the 1180 AM frequency that was used by VOA prior to the enactment of the Radio Broadcasting to Cuba Act, unless broadcasts are jammed.

Sec. 504. Extending authority for Radio Free Asia

This section extends from September 30, 2009, to September 30, 2015, the Broadcasting Board of Governors' existing authority to make grants for the purpose of operating Radio Free Asia.

Sec. 505. Personal Services Contracting Program

The committee previously authorized a pilot program allowing the BBG to hire 60 U.S. citizens or foreign nationals on contract rather than as full-time government employees. This provision gives the BBG permanent authority to hire 100 such personnel. Such authority gives the BBG the flexibility to hire, for the short or medium-term, broadcasters and on-air hosts in difficult languages, some with many dialects. The BBG used the authority for surge capacity in Urdu and Arabic and extra hiring to enhance broadcasting into Zimbabwe, a flexibility that this provision will expand and make permanent.

Sec. 506. Commonwealth of the Northern Mariana Islands education benefits

This section authorizes the expenditure of funds for the purpose of providing education allowances for dependents of Broadcasting Board of Governors personnel employed in the Northern Mariana Islands.

Sec. 507. Exemption from numerical limitations for temporary workers

This section adds the BBG to the list of organizations eligible to utilize the H-1B visa without regard to the cap on such visa entrants. The H-1B visa, available for up to six years, is for temporary workers in `specialty' occupations. The current statutory cap, intended to provide job protection for U.S. citizens, is 65,000 and that annual quota was filled on the first day it was made available in 2005. The BBG, which needs broadcasters and editors with special language and dialect skills, as well as first-hand knowledge of the countries to which they broadcast, serves an important government purpose; this exemption does not undermine the purpose of the numerical limit. The use of this authority is expected to be minimal. In the last decade, Radio Free Europe/Radio Liberty has used just one H-1B visa; Radio Free Asia expects to use five to ten such visas per year.

TITLE VI--CONSULAR AUTHORITIES

Sec. 601. Technical amendments to Intelligence Reform and Terrorism Prevention Act of 2004

This section makes a number of minor and technical amendments to the Intelligence Reform and Terrorism Prevention Act of 2004 (the Intelligence Act):

It amends section 7209(d) of the Intelligence Act to include the Secretary of Homeland Security, who has the authority under section 233 of the Immigration and Nationality Act to make agreements with the airlines on secure transit passage areas.

It amends section 7201(c) of the Intelligence Act to require that technologies acquired and deployed under a plan required by that section be compatible with systems used by the Department of State, to the extent feasible, in addition to those of the Department of Homeland Security.

It amends section 5506 of the Intelligence Act to require the Attorney General to consult with the Secretary of State on a report required under that section that addresses implementation of inadmissibilities for visa processing, among other topics.

Sec. 602. International student exchange programs

This section addresses concerns regarding recent decline in the enrollment of foreign students in the United States and requires a report from the State Department that will analyze the issue.

TITLE VII--RECONSTRUCTION AND STABILIZATION

Sec. 701. Short title

This section designates the short title for Title VII of this bill.

Sec. 702. Finding; purpose

This section lists findings that explain the need for legislation and the purpose of such legislation.

Sec. 703. Definitions

This section provides definitions of certain terms in the bill.

Sec. 704. Sense of Congress

This section states the sense of Congress that there are multiple ways to improve stabilization and reconstruction activities; specifically:

Sec. 705. Authority to provide assistance for reconstruction and stabilization crises

This section provides the President with the authority, after consultations with Congress, to determine that it is in the national interest to provide assistance to a country or region that is in, or transitioning from, conflict or civil strife, and to provide such assistance from the $100 million emergency fund authorized in this section, in addition to amounts otherwise made available for such purposes, as well as from commodities and services from the inventory of Federal agencies. The funding mechanism and the authority to replenish funds in this section are similar to current authorities that are used to respond to refugee and migration crises, but the exercise of the authority has been made subject to certain conditions required by Section 614 of the Foreign Assistance Act of 1961, an extraordinary authority that is used sparingly and only after extensive consultations with Congress. The committee intends that this authority be exercised in the same manner as Section 614. The provision authorizes the annual replenishment of the emergency fund without fiscal year limitations.

U.S. funding mechanisms for post-conflict operations can lack flexibility and effective mechanisms for emergency contracting and procurement. The funds in this section are intended to provide a quick start on such time-sensitive activities as the restoration of public order, political and civic reorganization, humanitarian aid, infrastructure repair and the re-establishment of basic services.

Sec. 706. Office of the Coordinator for Reconstruction and Stabilization

Subsequent to committee passage of S. 2127, the Stabilization and Reconstruction Civilian Management Act of 2004, the executive branch in July 2004 created a new `Office of the Coordinator for Reconstruction and Stabilization' within the State Department headed by a Coordinator who is appointed by the Secretary. This section bases the creation of the office in permanent law. The section states that the Coordinator will report directly to the Secretary, have the rank of `Ambassador-at-Large,' and will be appointed with the advice and consent of the Senate. It also states that the President may designate either the Coordinator or another individual to take the lead in particular crises.

This section outlines several functions of the Office of the Coordinator for Reconstruction and Stabilization in both non-emergency and emergency situations.

This section is not intended to limit the prerogatives of the President by pre-determining either the agency to lead a stabilization and reconstruction effort or the individual to be placed in charge.

Sec. 707. Response Readiness Corps

This section authorizes the Secretary of State, in coordination with the USAID Administrator, to establish a Response Readiness Corps that consists of both active duty and reserve personnel. The active duty component of the Corps would consist of up to 250 individuals specially recruited to be the civilian vanguard of stabilization and reconstruction emergency missions. The reserve component would be made up of federal and at least 500 non-federal employees who have volunteered for deployment and have the skills and training to provide assistance in support of stabilization and reconstruction activities overseas. The section also creates employment authorities and establishes reporting requirements on the establishment of the Corps.

Sec. 708. Stabilization and reconstruction training and education

This section gives the Secretary of State, in cooperation with Secretary of Defense and the Secretary of the Army, the authority to develop and establish new training curricula for use in programs administered by the Foreign Service Institute, the National Defense University, and the United States Army War College. The section cites illustrative contents of such a training curriculum.

Sec. 709. Service related to stabilization and reconstruction

This section is designed to encourage service in stabilization and reconstruction activities overseas, which may fall outside the normal career path of Foreign Service officers and USAID personnel. It designates that certain service or assignment in these areas should be considered among the favorable factors for promotion of employees of Executive agencies. In terms of training and promotion, this section describes steps that the Secretary of State and USAID Administrator should take to ensure that employees are properly trained and identified for deployment in support of the Corps. This training should also be provided to Ambassadors and Deputy Chiefs of Mission.

The U.S. Government should place a high premium on developing competency in the skills necessary to anticipate and address crises. Critical to the establishment of an effective cadre of people with special skills, experience, interest, and commitment needed for such challenging missions is the appropriate recognition of such service as professionally rewarding. The environment in which civil servants, Foreign Service officers, and others perform and advance must be flexible enough to allow for success for personnel who follow less traditional career paths and who may not reach executive management positions because of the unpredictable nature of their deployments. Incentives within all agencies must recognize the value of personnel committed to these challenging tasks. This section authorizes the creation of incentives and benefits as appropriate to recognize and reward participants.

Sec. 710. Authorities related to personnel

This section provides personnel authorities to the Secretary intended to provide flexibility, allow for short-term and medium-term staffing, and strengthen surge capacity in fulfilling the Department's new reconstruction and stabilization mission. It grants authorities for the hiring of 100 employees on contract, the engagement of experts and consultants for 60-day periods, and the detailing of employees from other executive agencies, the uniformed services and State and local governments. The section also provides certain waiver authorities for dual compensation prohibitions for annuitants under the Foreign Service Retirement and Disability System and Foreign Service Pension System. The Secretary may extend benefits to any individual deployed under this Act as provided in the Foreign Service Act just as they are applicable to members of the Foreign Service.

This section also authorizes compensatory time off for individuals assigned, detailed or deployed to carry out stabilization and reconstruction activities under this Act. The section also authorizes the acceptance of volunteer services and outlines the exceptions under which a person who volunteers may be considered a federal employee. It provides authority to the Secretary to establish temporary commissions of experts to advise the Department on stabilization and reconstruction and exempts their deliberations from Federal Advisory Committee Act requirements.

Sec. 711. Authorization of appropriations

This section authorizes $24 million for fiscal year 2006 and such sums as may be necessary for 2007 for personnel, education and training, equipment, and travel costs for the reconstruction and stabilization activities of the office.

TITLE VIII--MISCELLANEOUS PROVISIONS AND REPORTING REQUIREMENTS

Sec. 801. Reports on acquisition and major security upgrades

This section amends the reporting requirement on the embassy construction and security program under section 605(c) of the Foreign Relations Authorization Act for Fiscal Year 2000-2001 from a semi-annual to an annual report, due on December 1. The committee expects that the State Department will continue to keep Congress informed of its building plans throughout the year through other avenues, including the budget estimate and financial plans transmitted 60 days after enactment of the Commerce, Justice and State appropriations bills, reprogramming for deviations from the financial plan, the Long-Range Overseas Buildings Plan, and congressional briefings.

Sec. 802. Fellowships for multidisciplinary training on nonproliferation issues

This section authorizes the Secretary of State to expend $2 million to organize a new program on non-proliferation, bringing foreign students to U.S. centers and academic institutions who specialize in non-proliferation studies to encourage and build a cadre of experts whose future careers would be devoted to addressing the risk that weapons of mass destruction pose.

It is intended to encourage eligible students to pursue careers in nonproliferation by providing funds for graduate fellowships, including work-study funds for on-the-job training and research assistant positions at U.S. institutions of higher education that focus on nonproliferation studies.

Sec. 803. Reporting requirements related to United States International Agreements

This section makes two changes to the Case-Zablocki Act (1 U.S.C. 112b), which requires that the texts of international agreements other than treaties be provided to the Congress. The first provides that such agreements be provided directly to the Committee on Foreign Relations and the House Committee on International Relations. The second changes an annual reporting requirement under the Act. Under current law, the report is submitted by the President; this section changes the law to require that the Secretary of State submit it instead.

Sec. 804. Requirement to submit to Congress findings under the Diplomatic Security Act

This section amends the provision in the Diplomatic Security Act related to Accountability Review Boards. Under the Act, enacted in 1986, the Secretary of State must convene such a board whenever there is a case of serious injury, loss of life, or significant destruction of property at, or related to, a U.S. Government mission abroad, and in any case of a serious breach of security involving intelligence activities of a foreign government directed at a U.S. Government mission abroad. The provision applies only to facilities under the control of the chief of mission. Under current law, any program recommendations made by the Board are submitted to the Secretary of State. The Secretary then provides to Congress a report on each such recommendation and the action taken with respect to that recommendation. This section requires the Board to also submit its program recommendations directly to the appropriate congressional committees.

Sec. 805. Requirement for additional report concerning efforts to promote Israel's diplomatic relations with other countries

This section extends a reporting requirement outlining efforts undertaken to promote Israel's diplomatic relations with nations around the world.

Sec. 806. Sense of Congress relating to Magen David Adom Society

This section reconfirms a previously enacted sense of the Congress provision that calls upon the International Committee of the Red Cross to recognize the Magen David Adom Society and states that the United States should continue to press for such recognition.

Sec. 807. Limitation on use of funds relating to United States policy with respect to Jerusalem as the capital of Israel

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

Sec. 808. Authorization of appropriations for the United States Commission on International Religious Freedom

This section authorizes appropriations for the Commission of $3 million for fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

Sec. 809. Sense of Congress on terrorist attack on United State Consulate Jeddah, Saudi Arabia

This section expresses the sense of Congress regretting the loss of life in the December 2004 attack and lists the names of the Foreign Service Nationals employed by the Consulate who died in the attack.

Sec. 810. Sense of Congress on participation of women in elections in Saudi Arabia

This section expresses the sense of Congress that it is in the interest of Saudi Arabia to permit women to run for office and vote in all future elections.

Sec. 811. Terrorism in West Africa

This section requires the Secretary of State, in consultation with the other cabinet officials, to formulate a comprehensive 3-year strategy to combat international terrorism in West Africa. The committee is concerned by reports of the rise of international terrorism in this part of the world.

V. DIVISION B--FOREIGN ASSISTANCE AUTHORIZATION ACT, FISCAL YEAR 2006

(A) SUMMARY OF FUNDS

[IN THOUSANDS OF DOLLARS]


-----------------------------------------------------------------------------------------------------------------------
                                                                       FY 2005 estimate FY 2006 request Committee mark 
-----------------------------------------------------------------------------------------------------------------------
Child Survival & Health Programs Fund (CSH)                                       1,538           1,252          1,252 
Global Fund to Fight AIDS, Tuberculosis, and Malaria 1                            (248)           (100)          (100) 
Development Assistance (DA)                                                       1,448           1,103          1,103 
International Disaster and Famine Assistance                                        485             656            656 
Transition Initiatives                                                               49             325            325 
Development Credit Authority (DCA)                                                    8               8              8 
USAID Operating Expenses (OE)                                                       613             681            681 
USAID Capital Investment Fund                                                        59              78             78 
USAID Inspector General Operating Expenses (IG)                                      35              36             36 
Economic Support Fund (ESF)                                                       2,481           3,036          3,036 
Assistance for Eastern Europe and the Baltic States (SEED)                          393             382            382 
Assistance for the Independent States of the Former Soviet Union (FSA)              556             482            482 
Peace Corps                                                                         317             345            345 
Inter-American Foundation                                                            18              18             18 
African Development Foundation                                                       19              19             19 
Millenium Challenge Corporation                                                   1,488           3,000          3,000 
International Narcotics Control and Law Enforcement (INCLE)                         326             524            524 
Andean Counterdrug Initiative (ACI)                                                 725             735            735 
Nonproliferation, Anti-Terrorism, Demining (NADR)                                   399             440            440 
Treasury Technical Assistance                                                        19              20             20 
Debt Relief                                                                          99             100            100 
International Military Education & Training (IMET)                                   89              87             87 
Foreign Military Financing (FMF)                                                  4,745           4,589          4,589 
Peacekeeping Operations (PKO)                                                       178             196            196 
International Organizations & Programs (IO&P)                                       326             282            282 
Total                                                                            16,413          18,394         18,394 
-----------------------------------------------------------------------------------------------------------------------

(B) SECTION-BY-SECTION ANALYSIS

TITLE XXI--AUTHORIZATION OF APPROPRIATIONS

SUBTITLE A--DEVELOPMENT ASSISTANCE AND RELATED PROGRAMS AUTHORIZATIONS

Sec. 2101. Development assistance

This section authorizes the appropriation of $1,103,233,000 for Development Assistance programs in Fiscal Year 2006 and such sums as may be necessary for fiscal year 2007, including programs in the agriculture, education, and environment sectors, as well as the Development Fund for Africa. While this amount is substantially less than what was appropriated last year, it reflects, in part, the administration's request that $275,000,000 that was formerly in the Development Assistance account be appropriated in the Transition Initiatives account for Ethiopia, Sudan, Afghanistan, and Haiti. Although there are various separate accounts in the Foreign Assistance Act authorizing Development Assistance, funding for those accounts has been consolidated into this single account and appropriated in this manner in recent years.

The committee recognizes the important contributions made to U.S. foreign policy interests by institutions funded by the American Schools and Hospitals Abroad (ASHA) program. These ASHA institutions nurture democracy and tolerance by educating successive generations of leaders who are committed to American values and who understand the tangible economic, political, and social benefits that a commitment to democracy produces. Those institutions which provide health care services and study endemic diseases also advance American humanitarian goals and win friends for the United States by addressing pressing public health problems among the people they serve. At a time when American values are facing violent challenge abroad, the committee expects that USAID will take steps to assure increased support for these institutions.

The committee is concerned by the continuing reductions in the democracy and governance accounts at USAID, particularly given the administration's desire to promote democracy, an objective shared by the committee. The committee believes that enlarging the community of democratic nations worldwide is critical to our long-term domestic and foreign policy objectives.

Sec. 2102. Child survival and health programs fund

This section authorizes the appropriation of $1,251,500,000 for child survival, health, and family planning programs for fiscal year 2006 and such sums as may be necessary for fiscal year 2007. While this amount is substantially less than what was appropriated last year, it reflects, in part, the administration's request that $170,000,000 that previously was appropriated in this account be appropriated in the Global HIV/AIDS Initiative account for the 15 focus countries of the President's Emergency Plan for AIDS Relief. This account provides funding for a variety of accounts that are separately authorized in the Foreign Assistance Act but have been appropriated out of this single account in recent years.

Sec. 2103. Development credit authority

This section amends the Foreign Assistance Act to provide the President authority to provide assistance in the form of loans and partial loan guarantees to private lenders in developing countries to achieve economic development purposes. Authority for this program has been included in appropriations acts over the past several years. This section also provides that not more than $21,000,000 of funds available for the purposes of economic assistance under the Foreign Assistance Act and for assistance under the Support for Eastern European Democracy Act in fiscal year 2006 and such sums as may be necessary for fiscal year 2007 may be transferred for use under this section. It further authorizes the appropriation of $8,000,000 for administrative expenses to carry out this section for fiscal Year 2006 and such sums as may be necessary for fiscal year 2007.

This section contains provisions designed to limit the financial risk to the United States under this program, similar to limitations that have been applied under the authority contained in annual appropriations acts. Specifically, these provisions limit the exposure of the United States to 70 percent of the risk of any one project, and the amount of loans made or guaranteed, with respect to any single country or borrower, to $100,000,000. The latter limitation is consistent with current law. The former limitation is derived from a USAID regulation now in place for this program, which limits U.S. Government's share of the risk to 50 percent, unless the Chief Financial Officer of the Agency approves a higher level of risk.

Sec. 2104. Program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries

This section authorizes the appropriation of $20,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for the Department of the Treasury's program to provide technical assistance to foreign governments and foreign central banks in developing or transitional countries.

Sec. 2105. International organizations and programs

This section authorizes the appropriation of $281,908,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for voluntary contributions to international organizations and programs.

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

This section amends Section 307 of the Foreign Assistance Act to add a new subsection. Under that section, certain voluntary U.S. contributions to international organizations are withheld; these are the proportionate U.S. share of programs in certain countries. Section 2106 extends the availability of such funds until the end of the following fiscal year for which such funds were appropriated.

Sec. 2107. International disaster and famine assistance

This section authorizes the appropriation of $655,500,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for international disaster and famine assistance.

Sec. 2108. Transition initiatives

This section authorizes the appropriation of $325,000,000 for fiscal year 2006 and such sums as may be necessary for 2007 for the Transition Initiatives Program administered by USAID, including assistance to develop, strengthen and preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict. This amount reflects the administration's request that $275,000,000 that was formerly appropriated in the Development Assistance account be appropriated in this account for Ethiopia, Sudan, Afghanistan, and Haiti. Although this program is not currently authorized in the Foreign Assistance Act, funds have been appropriated for this activity since 1994 when USAID established the Office of Transition Initiatives and it is therefore appropriate to authorize in this bill.

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

This section authorizes the appropriation of $482,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for programs in the Freedom Support Act (FSA) account for the Independent States of the former Soviet Union, the level requested by the President. This request is $74,000,000 below the Fiscal Year 2005 level for this account and substantially lower than the FY04 request.

The committee expresses concern about continued reductions to the Freedom Support Act. The committee urges the Administration to consider the harm its proposed cuts in funding assistance could have on U.S. interest in stability, democracy and market reform in the Independent States.

The U.S. Agency for International Development has funded a pilot program in Ukraine to establish a national birth defects surveillance system, and a folic acid wheat flour fortification program to prevent spina bifida and other serious birth defects. It is scientifically proven that folic acid fortification of flour, as practiced in the United States and many other countries, can prevent nearly 80 percent of instances of spina bifida and serious birth defects, and lower blood levels of homocysteine, a risk factor for heart disease. Important scientific research and institutional administrative relationships have been established with Ukrainian officials and counterparts in other states of the former Soviet Union. A number of officials in former Soviet governments have expressed a desire to participate in a multi-country program modeled on the Ukrainian pilot program. The committee believes that the Ukrainian pilot program should be rapidly and cost effectively expanded in Ukraine and into other states of the former Soviet Union focused on reducing the occurrence of serious birth defects.

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

This section authorizes the appropriation of $382,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for the Support for Eastern Europe Democracies (SEED) account, the level requested by the President. This request is $11,000,000 below the Fiscal Year 2005 level for this account and substantially lower than previous years.

The committee expresses concern about continued reductions to the SEED account. The committee believes this account funds programs that are critical to sustaining South East Europe's transition to democracy, market economies, and regional stability.

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

This section authorizes the appropriation of $680,735,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for the operating expenses of the United States Agency for International Development. In addition, $36,000,000 is authorized to be appropriated for costs of the Office of Inspector General of the Agency for fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

Sec. 2112. Capital Investment Funds for USAID

This section authorizes the appropriation of $77,700,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for overseas construction and related costs and for enhancement of information technology and related investments at the U.S. Agency for International Development.

Sec. 2113. Millennium Challenge assistance

This section authorizes the appropriation of $3,000,000,000 for the Millennium Challenge Account for fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

Sec. 2114. Debt relief

This section authorizes the appropriation of $99,750,000 for fiscal years 2006 and 2007 for debt relief under the Tropical Forest Conservation Act of 1998, poorest country debt reduction, bilateral Heavily Indebted Poor Countries (HIPC) debt reduction, and the HIPC Trust Fund administered by the International Bank for Reconstruction and Development.

The international community's approach to treating the debt of the poorest countries with debt servicing problems has evolved substantially in the last decade. It culminated in 1999 with the Enhanced HIPC Initiative, which was launched to provide deeper, broader, and faster debt reduction for the poorest heavily indebted countries committed to economic reform and poverty reduction. The HIPC Trust Fund allows regional development banks and other multilateral institutions to meet the costs of providing debt reduction to heavily indebted poor countries committed to economic, social and governance reforms. Official bilateral creditors contribute to the HIPC trust as well as reduce their bilateral claims.

The Tropical Forest Conservation Act (TFCA) which was enacted in 1998 to offer eligible developing countries options to relieve certain official debt owed to the U.S. while at the same time generating funds to support local tropical forest conservation activities. A TFCA agreement can be structured as a debt reduction, a debt buyback, or a debt-for-nature swap. Local currency funds generated by a TFCA agreement may be used for a broad variety of in-country forest conservation activities, including forest restoration, implementation of sound natural resource management systems, establishment and maintenance of parks and protected areas, training in conservation management, protection of animal and plant species, research on medicinal uses of tropical forest plants, and development and support of the livelihoods of people and local communities in or near a tropical forest.

Sec. 2115. Peace Corps

This section authorizes the appropriation of $345,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for the Peace Corps.

Sec. 2116. Middle East Partnership Initiative

The committee strongly supports modernization and reform efforts in the Middle East and North Africa through the Middle East Partnership Initiative. This section outlines the purposes authorized for assistance under the Middle East Partnership Initiative, including: help in achieving broad-based, multi-ethnic, gender-sensitive, and fully representative governments; modernizing institutions and infrastructure to meet political, educational, health and economic needs; filling the gaps identified in the Arab Development Reports of 2002 and 2003; and support of economic development to create jobs, educating and training women in the labor force, enhance health care; and creating an environment which encourages investment in the region. The committee authorizes the use of $120,000,000 in Economic Support Funds for the Middle East Partnership Initiative programs and activities. Finally, to facilitate Congressional oversight, this section also requires the Secretary of State to provide a report on the Middle East Partnership Initiative to appropriate Congressional committees 180 days after the date of enactment of the Act, and annually thereafter.

The committee recognizes that foreign assistance to countries of the Middle East and North Africa for these same purposes, i.e., political reform, economic reform, educational reform and women's empowerment, should be considered part of a coordinated, coherent, integrated strategy to meet U.S. foreign policy objectives. The committee urges the administration to establish a coordinating mechanism for related assistance programs under this Act with the Middle East Partnership Initiative to prevent duplication and ensure effective use of assistance resources.

Sec. 2117. Assistance to combat the avian flu

This section authorizes $25,000,000 in International Famine and Disaster Assistance to prevent and respond to a possible outbreak of the avian flu, which is one-fourth of the $100,000,000 called for by the World Health Organization in February 2005. The committee notes that these authorized funds are in addition to what the U.S. government is already spending on programs to combat the avian flu.

This section also directs the formation of a senior-level, inter-agency task force, composed of the Assistant Secretaries of State, Agriculture, Health and Human Services, and other appropriate officials, to coordinate U.S. policy toward combating the avian flu. The committee is concerned that a possible outbreak of the avian flu could impact millions of people worldwide.

SUBTITLE B--COUNTERNARCOTICS, SECURITY ASSISTANCE, AND RELATED PROGRAMS AUTHORIZATIONS

Sec. 2121. International narcotics control and law enforcement

Subsection (a) of this section authorizes the appropriation of $1,258,374,000 for fiscal year 2006, of which $734,500,000 is authorized to be appropriated for the Andean Counterdrug Initiative, and such sums as may be necessary for fiscal year 2007 for international narcotics control and law enforcement assistance.

Subsection (b) restates current law by permitting funds under this section to be provided for assistance to the Government of Colombia and used, notwithstanding any other provision of law, to support a unified campaign against narcotics trafficking and terrorist activities, and to take actions to protect human health and welfare in emergency circumstances. The provision maintains the ceiling of 800 military personnel and 600 U.S. civilian contractors. This precludes their participation in any combat operation in connection with such assistance. It also continues conditions on assistance with respect to the Government of Colombia's human rights practices which are currently in effect for fiscal year 2005.

The committee notes its interest in supporting, through funding, a program to implement the demobilization of AUC paramilitary combatants, and that such a process be conducted pursuant to a comprehensive legal framework, as determined by Colombians through good faith negotiations with the Colombian Congress. If the United States is to fund a significant share of the demobilization program, however, it should meet certain minimal standards. The committee believes it imperative that any demobilization program bring about the full dismantlement of the underlying structure, illegal sources of financing, and economic power of the AUC, which have been designated by the United States as a Foreign Terrorist Organization (FTO). In this regard, the committee believes it is crucial that each paramilitary seeking sentence reductions or other benefits from demobilization be required to forfeit illegally acquired assets, confess past crimes, and fully disclose any knowledge of the operative structure, financing sources, and the criminal activities of the FTO and its individual members. Each demobilized AUC member's benefits should be fully revocable if judicial authorities find that he has failed to fulfill these requirements.

The committee believes it is critical that the groups of AUC leaders who receive sentence reductions or other benefits fully demobilize and comply with the cease-fire. The committee also believes that all perpetrators of atrocities must serve a minimum number of years in prison for their crimes. The committee urges the Government of Colombia to put in place effective mechanisms to monitor demobilized individuals to prevent them from continuing to engage in organized criminal activity. Finally, the committee urges the Government of Colombia to devise a legal framework that can be equally applicable to other FTOs in Colombia, such as the FARC.

The committee notes its interest in supporting a program to sustain effective and responsible counter-narcotics activities in Afghanistan, and that such activities be conducted pursuant to a comprehensive strategy that is determined by consultation and good faith negotiations with the Afghan government. The committee believes it important that the five-pillar strategy, currently employed, continue to be measured and appropriate to the political and social conditions of this fragile state as it transitions to a more stable country. In this regard the committee feels that it is crucial that any aerial eradication plan be endorsed by the government of Afghanistan. The committee further believes capacity-building of Afghan institutions is essential and that the strategy to counter the narcotics trade and trafficking must be sustainable by the Afghans themselves over the long term.

Sec. 2122. Economic Support Fund

This section authorizes the appropriation of $3,036,375,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for Economic Support Fund (ESF) programs. ESF is also provided to support the Middle East peace process, including the administration's efforts to make progress under the Road Map. The committee notes the time sensitivity of this assistance and urges the Administration to seize the opportunity presented by new leadership of the Palestinian Authority and use resources available quickly to support political, economic and security reforms of the Palestinian Authority.

Subsection (b) amends the Security Assistance Act of 2000 to authorize ESF assistance to continue strong support for Israel's economic and political stability and to redress the economic impact of Israel's isolation in the volatile Middle East region. This assistance contributes to Israel's economic growth, enhances Israel's ability to repay its debt to the United States and opens new investment opportunities for U.S. investment and exports.

Subsection (c) amends the Security Assistance Act of 2000 to authorize ESF assistance to continue strong support for stability and prosperity in Egypt. ESF is designed to invigorate economic development and foster economic, political and social reforms, alleviate poverty, and support development of civil society and democratic institutions and bolster public health services.

Sec. 2123. International Military Education and Training

This section authorizes the appropriation of $86,744,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for International Military Education and Training programs. This section recommends that $2 million in International Military and Education Training should be made available to Greece in 2006 and 2007.

Subsection (b) authorizes the use of these funds for training personnel of international organizations.

Sec. 2124. Peacekeeping Operations

This section authorizes the appropriation for fiscal year 2006 of $195,800,000 and such sums as may be necessary for fiscal year 2007 for voluntary Peacekeeping Operations programs.

Sec. 2125. Nonproliferation, Anti-terrorism, Demining, and Related programs

This section authorizes $440,100,000 for fiscal year 2006, which reflects the President's request, and such sums as may be necessary for fiscal year 2007 for the NADR account.

The committee notes that while these funds represent an increase of 10 percent over the fiscal year 2005 appropriated level, they leave key nonproliferation programs underfunded. The Nonproliferation of WMD Expertise program has not been given the funds needed to execute its program in Iraq under the Iraqi International Center for Science and Industry or to pursue fully the Bio-Industry Initiative, as the Department of State acknowledges in its budget submission. The committee would support increases over the requested fiscal year 2006 level for these and other international nonproliferation activities.

Sec. 2126. Foreign Military Financing Program

Subsection (a) of this section authorizes the appropriation of $4,588,600,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for Foreign Military Financing programs.

Subsection (b) amends the Security Assistance Act of 2000 to authorize the appropriation for fiscal years 2006 and 2007 of FMF assistance for Israel, to require rapid disbursement of that assistance, and to increase the level of offshore procurement allowable with FMF funds made available in fiscal year 2006 for Israel.

Subsection (c) amends the Security Assistance Act of 2000 to authorize FMF assistance for Egypt and continues the requirement to disburse such assistance for Egypt to an interest-bearing account.

SUBTITLE C--INDEPENDENT AGENCIES AUTHORIZATIONS

Sec. 2131. Inter-American Foundation

This section authorizes the appropriation of $17,826,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for the Inter-American Foundation.

Sec. 2132. African Development Foundation

This section authorizes the appropriation of $18,850,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 for the African Development Foundation.

TITLE XXII--AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES

SUBTITLE A--FOREIGN ASSISTANCE ACT AMENDMENTS AND RELATED PROVISIONS

Sec. 2201. Development Policy

This section amends the Foreign Assistance Act's Statement of Development Assistance Policy to recognize the importance of public-private partnerships in maximizing resources available for foreign assistance activities.

Sec. 2202. Assistance for nongovernmental organizations

This section amends the Foreign Assistance Act to make permanent an authority that has been contained for a number of years in annual foreign assistance appropriations and which is similar to the current Section 123(e) of the Foreign Assistance Act.

New subsection (e)(1) states that restrictions on assistance to a country are not to be construed to bar assistance to that country that is provided through non-governmental organizations using funds provided for development assistance, assistance for Eastern Europe and the former Soviet States, and Economic Support Fund assistance.

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

New subsection (e)(3) clarifies that this authority may not be used to furnish assistance through non-governmental organizations to the central government of a country. Although prohibitions on assistance to the government of a country normally would apply to all levels of government in a country, this provision makes it clear that for purposes of the authority provided in this subsection, assistance through non-governmental organizations could be provided to levels of government below the national level.

Consistent with the interpretation and application of similar provisions of law in the past, this provision would permit an NGO to use government facilities, resources, and personnel in the implementation of the NGO's program. For example, government warehousing or cold storage facilities, medical facilities, and medical personnel, could be used by an NGO in support of the NGO's immunization program. However, decisions on how to implement such a program, including where the program is to be conducted, must be the decision of the NGO. Except in this and similar cases where benefits from an NGO program are only incidentally conferred on the government of a country, assistance making use of the authority provided by this section cannot be used to provide assistance to the central government of a country otherwise prohibited from receiving assistance.

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

This section amends section 451 of the Foreign Assistance Act to permit this authority to be applied to the use of funding made available to carry out the Arms Export Control Act, and to raise the annual ceiling on the use of this authority from $25,000,000 to $50,000,000.

Sec. 2204. Authority to accept lethal excess property

This section amends section 482(g) of the Foreign Assistance Act to permit the Secretary of State to receive lethal excess property from other agencies of the U.S. Government for the purpose of providing such property to foreign governments. A similar provision has been contained in appropriations acts. Currently, this authority is limited to non-lethal excess property. This section also requires the Secretary to notify the Congress before obligating funds to obtain excess lethal property under this section.

Sec. 2205. Reconstruction and famine assistance under International Disaster Assistance Authority

This section amends section 491 of the Foreign Assistance Act to make clear that the authority in that section may be used to respond to famine, as well as other natural and manmade disasters and may be used to provide for reconstruction of countries affected by such crises. This section also amends the title of the account.

Sec. 2206. Funding authorities for assistance for the Independent States of the Former Soviet Union

This section amends the Foreign Assistance Act to make permanent the authorities applicable to provision of assistance that are contained in that Act. Appropriations acts since the inception of the program for the independent states of the former Soviet Union have continued these authorities.

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

This section amends section 505(f) of the Foreign Assistance Act to broaden the existing authority of the President to waive the requirement that net proceeds resulting from the disposal of defense articles provided to a foreign country on a grant basis be paid to the United States. Existing law limits the waiver authority to items delivered before 1985.

Sec. 2208. Additions to United States War Reserve Stockpiles for fiscal years 2006 and 2007

This section extends through fiscal year 2007 the President's authority to transfer excess items to the Department of Defense War Reserve Stockpile.

Sec. 2209. Restrictions on economic support funds for Lebanon

This section amends section 1224 of the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228), to permit assistance to address the needs of southern Lebanon. The committee notes that such assistance will be provided to non-governmental organizations that promote democracy and economic development. Given scarce water resources and critical water management issues in the region, water projects in southern Lebanon can help defuse Lebanese-Israeli tensions in the region. Changes are occurring in Lebanon's government thus the committee urges review of Lebanon's assistance requirements during this fiscal year.

Sec. 2210. Administration of Justice

This section amends section 534 of the Foreign Assistance Act to provide for the continuation of the Administration of Justice program on a worldwide basis. The amendment deletes the sunset provision and the overall funding ceiling. The amendments made by this section conform the Administration of Justice authority to that provided in appropriations acts for many years.

Sec. 2211. Demining programs

Subsection (a) amends section 551 of the Foreign Assistance Act to make it clear that, in accordance with previous interpretations of the Peacekeeping program's statutory authorities, the program may include demining activities.

Subsection (b) continues and makes permanent an authority contained in prior year appropriations acts to allow the Department of State and USAID to dispose of demining equipment on a grant basis in foreign countries.

Subsection (c) highlights the concern regarding the continuing problems posed to children by mines and unexploded ordnance in Afghanistan and other affected areas. It authorizes funds to be used to educate children about the hazards posed by mines and unexploded ordnance. The committee is particularly aware of the challenges that demining and ordnance disposal pose for the nascent national government and ongoing operations in that country. The committee takes note of a new Non Governmental Organization, `No Strings,' which is proposing to use theater and puppetry to provide life-saving education about landmines to children in Afghanistan.

Sec. 2212. Special waiver authority

This section amends section 614 of the Foreign Assistance Act by updating authorities and funding limitations in that section.

New subsection (a)(1) provides that the authority of section 614 may be used to waive provisions of law that limit the President's ability to authorize assistance under the authority of the Foreign Assistance Act, the Arms Export Control Act, and any Act authorizing or appropriating foreign assistance funds without regard to the provisions of law cited in subsection (b), as revised by this section. The standards used to allow the provision of both economic and military assistance are the same as current law. The provision also increases one of the annual country limitations.

New subsection (b) lists the provisions of law that may be waived. In addition to provisions contained in foreign assistance authorization and appropriations acts, provisions of law contained in other legislation that limit the provision of assistance under those acts may also be waived under the authority of this section.

The requirements for prior consultation with the appropriate committees of the Congress and submission of a written policy justification before the President may exercise the authority contained in section 614 remain unchanged.

Sec. 2213. Prohibition of assistance for countries in default

This section amends section 620(q) of the Foreign Assistance Act to clarify that the restriction of aid is applicable only to governments. In addition, it amends the period of default (from 6 months to 12 months) that results in a cutoff of assistance under the Foreign Assistance Act.

Sec. 2214. Military coups

This section amends the Foreign Assistance Act to prohibit assistance to a country if the duly elected head of government of such country is deposed by decree or military coup. Similar restrictions have been included in appropriations acts since 1986. Exempted from this restriction is assistance to promote democratic elections, and a presidential waiver would permit assistance upon a determination that such assistance is important to the national security interest of the United States.

Sec. 2215. Designation of position for which appointee is nominated

This section requires the President to designate the particular position within the Agency for International Development for which any individual is being nominated.

Sec. 2216. Exceptions to requirement for congressional notification of program changes

This section amends section 634A(b) of the Foreign Assistance Act to conform to provisions contained for a number of years in annual foreign assistance appropriations acts. New subsection (b)(3) provides an exception to prior notification in the case of substantial risk to human health or welfare, but continues the requirement to notify no later than 3 days after the obligation of funds. New subsection (b)(4) contains a de minimis threshold for reprogramming under the Arms Export Control Act that has been included for a number of years in appropriations acts.

Sec. 2217. Commitments for expenditures of funds

This section amends section 635(h) of the Foreign Assistance Act to allow contracts or agreements which entail the commitment or expenditure of funds made available under the Foreign Assistance Act to be extended at any time for not more than five years. Under current law, this authority is limited only to certain accounts.

Sec. 2218. Alternative dispute resolution

This section amends section 635(i) of the Foreign Assistance Act to expand the current arbitration and claims settlement authority for investment guarantee operations to also cover claims arising from other activities carried out under the Act, which could include claims under contracts, grants, cooperative agreements, credit agreements, personal services contracts, and other arrangements and agreements. It also adds a specific authority for alternative dispute resolution.

Sec. 2219. Administrative authorities

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

Section 636(a)(5) is amended to allow the procurement of passenger motor vehicles without various restrictions in current law, most of which are not possible to administer across agencies using this authority.

Section 636(a)(10) is amended to delete the 10 year limitation on leases, thereby providing the ability to obtain the most favorable lease terms under long-term leases.

Section 636(c) is amended to strike the $6,000,000 limitation on the acquisition or construction of living and office space overseas for U.S. Government personnel.

Section 636(d) is amended to strike the $2,500,000 limitation on the provision of assistance for schools for dependents of U.S. Government personnel.

Sec. 2220. Assistance for law enforcement forces

This section amends section 660 of the Foreign Assistance Act of 1961.

Paragraph (1) amends subsection (b)(6), consistent with current law, to make it clear that the authority of this paragraph may be used in cases where instability has occurred at the sub-national level.

Paragraph (1) further amends subsection (b) to add exceptions to the prohibition on assistance for law enforcement forces. New paragraph (8) permits the provision of assistance to combat corruption consistent with the objectives of section 133 of the Foreign Assistance Act. New paragraph (9) is the same as current law but is included as a separate paragraph to make it clear that the authority to provide human rights, rule of law, and other training is not limited to post-conflict situations. New paragraph (10) is an authority related to assistance to combat trafficking in persons. New paragraph (11) permits the provision of assistance for constabularies and gendarmes.

Paragraph (2) amends section 660 to provide the President with the authority to waive the limitations of this section on a case-by-case basis if the President determines that it is important to the national interest to do so. It is anticipated that this authority will be exercised by the Secretary of State under appropriate delegations of authority. The obligation of funds pursuant to such a waiver is subject to prior notification of the appropriate congressional committees under section 634A of the Foreign Assistance Act.

Sec. 2221. Special debt relief for the poorest countries

This section amends the Foreign Assistance Act by adding a new Part VI. This part authorizes the President to forgive certain debts owed by the poorest countries to the United States. The exercise of this authority is subject to, among other things, the prior appropriation of funds for this purpose and prior notification of the appropriate congressional committees in accordance with section 634A of the Foreign Assistance Act. The authority is similar to authority previously enacted in foreign assistance appropriations acts.

Sec. 2222. Congo Basin Forest Partnership

This section contains findings and expresses the Sense of the Congress in support of the Congo Basin Forest Partnership, the largest conservation effort currently undertaken by the U.S. Government in Africa. It affirms U.S. support of the Congo Basin Forest Partnership because the forests and wildlife of the Congo Basin are of global significance, because the forests are a major factor in the social, economic and environmental health of Congo Basin countries, and because of the impressive structure of cooperation between governments, NGOs and the private sector operating in the region. It further identifies the Congo Basin Forest Partnership as an initiative that fully recognizes the integral and equal nature of economic development, social development and environmental protection in the quest for sustainable development.

The purpose of this section is to encourage the administration to capitalize on the strong cooperation and momentum of state governments, international organizations and non-governmental organizations in protecting the region's essential natural resources while also addressing other challenging development issues in the region.

Sec. 2223. Landmine clearance programs

This section provides the Secretary of State authority to support public-private partnerships for landmine clearance programs through grant or cooperative agreement.

Sec. 2224. Middle East Foundation

The committee has authorized the establishment of a Middle East Foundation funded through the Middle East Partnership Initiative. The committee seeks to contribute to efforts to bring democratic and economic reforms to the Middle East and North Africa region and has authorized the Secretary of State to designate an appropriate private, non-profit organization as the Middle East Foundation.

The purposes of this assistance are to support civil society, political participation, women's rights, educational reform, human rights, independent media, economic reform, the rule of law and other democratic development in the Middle East, and North Africa through grants, technical assistance, training and other measures. The Secretary may also make a grant to an institution of higher education in the Middle East and North Africa region to create a Center for Public Policy to permit scholars and professionals from the Middle East, North Africa, and other countries, including the United States, to carry out research, training programs and other activities to inform public policy making in the Middle East and North Africa promote broad economic, social and political reforms. The committee notes this section also provides for reporting, financial accountability and oversight measures of such a Foundation.

The committee encourages the Department of State to invite international participation in the Foundation. The committee also encourages the Department of State to consider activities in countries with struggling movements for reform and democracy. The committee expects that prior to providing any funding to the Foundation the administration will ensure that the Foundation has in place a system for vetting potential grantees to reduce the risk of funding activities that are contrary to the national interests of the United States. The committee expects to work closely with the Department of State as such a Foundation establishes operations.

Sec. 2225. Database of United States military assistance

The Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (P.L. 106-113) first established the requirement that the annual U.S. military assistance report required under Section 655 of the Foreign Assistance Act of 1961 be made available to the public on the Internet. In the years since, the State Department has complied with this requirement; however, the current report is posted on the Internet only in a PDF document, thus making it difficult for users to manipulate the data in any meaningful fashion. For example, users are not able to cumulate data over time and across countries and different munitions categories.

In an effort to make the Section 655 report more user-friendly, this section requires the State Department to establish an Internet-accessible, interactive database, consisting of all the unclassified information currently available in the printed report. The database would be searchable by various criteria. Such criteria could include, among others, the recipient country, the United States Munitions List category of article or service provided, and the year of the sale or grant. With such a database, interested parties from academia, non-governmental organizations, the defense industry, and the Congress could access immediately cumulative data, cross-referenced among several categories. Because the Department already organizes the data in the Section 655 report through electronic processing, no new data collection will be required.

Sec. 2226. Millennium Challenge assistance for certain countries

This section makes permanent a provision of the Millennium Challenge Account (MCA) legislation authorizing up to 10 percent of MCA funding to assist countries that initially fail to meet the requirements for eligibility, including by reason of the absence or unreliability of data.

SUBTITLE B--ARMS EXPORT CONTROL ACT AMENDMENTS AND RELATED PROVISIONS

Sec. 2231. Thresholds for advance notice to Congress of sales or upgrades of defense articles, design and constructions services, and major defense equipment

This section raises the minimum dollar thresholds at which sales of certain defense articles, design and construction services, and major defense articles (or upgrades of such sales) must be reported to the Congress under Section 36 of the Arms Export Control Act.

This section raises the level of notification thresholds from $14,000,000 to $50,000,000 for major defense equipment, from $50,000,000 to $100,000,000 for defense articles and defense services, and from $200,000,000 to $350,000,000 for design and construction.

This section also allows for notification of additional cases `if the President determines it is appropriate.'

The committee understands that the executive branch is prepared to provide the committee informal notice of planned arms transfers above existing dollar thresholds (but below the new thresholds under this section) and to submit formal notification under Section 36 of the Arms Export Control Act for certain transfers if requested by the chairman or ranking member. The committee expects that an exchange of letters will be used to specify the State Department's commitment in this regard before this section is enacted.

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

This section requires the President to make certifications to the Congress under Section 36(c)(1) of the Arms Export Control Act before issuing comprehensive authorizations under Section 126.14 of the International Traffic in Arms Regulations (ITAR) for the export of defense articles or defense services to an eligible foreign country or foreign partner.

Sec. 2233. Authority to Provide Cataloging Data and Services to Non-NATO Countries

This section authorizes the President to provide cataloging data and services to non-NATO countries on a reciprocal basis. Currently, authority exists only to provide such data and services to NATO and to NATO-member governments.

Sec. 2234. Freedom Support Act permanent waiver authority

This section provides a permanent annual waiver authority with respect to the requirements of Section 502 of the Freedom Support Act (P.L. 102-511). Section 1306 of the National Defense Authorization Act for Fiscal Year 2003 (P.L. 107-314) provided authorization for an annual waiver only for fiscal years 2003 through 2005. This permanent authority to exercise a waiver would ensure continuity for program planning purposes.

Sec. 2235. Extension of Pakistan waivers

This section extends the authority contained in previous legislation (P.L. 107-57) to make inapplicable through fiscal year 2006 foreign assistance restrictions relating to coups and loan defaults with respect to Pakistan.

Sec. 2236. Consolidation of reports on non-proliferation in South Asia

This section requires that the annual report on nonproliferation in South Asia to be submitted by April 1, 2006, pursuant to Section 620F(c) of the Foreign Assistance Act of 1961, include a description of the efforts of the United States Government to achieve objectives on nuclear and missile nonproliferation in the region, as described in Section 1601 of the Foreign Relations Authorization Act Fiscal Year 2003, the progress made toward achieving such objectives, and the likelihood that such jectives will be achieved by September 30, 2006. This avoids the need for a separate report on those efforts, which was required in 2003.

Sec. 2237. Haitian Coast Guard

This section grants eligibility to the Government of Haiti for the purchase of defense articles and services for the Haitian Coast Guard under the Arms Export Control Act subject to existing notification requirements.

Sec. 2238. Requirement for the provision of certain assistance to Indonesia

The committee recognizes the importance of continued cooperation between U.S. and Indonesian authorities in the investigation of the August 31, 2002 murders of U.S. and Indonesian citizens that occurred in Timika. The committee notes that while the United States government has issued one indictment in the case, the government of Indonesia has neither indicted nor arrested anyone in connection with the Timika murders. The committee intends to continue following closely the investigation and anticipates that the degree of cooperation reflected by the report will inform the decisions taken by the Administration regarding steps to broaden and deepen U.S.-Indonesian relations.

TITLE XXIII--RADIOLOGICAL TERRORISM SECURITY

This title requires the Secretary to submit a report within 180 days after the enactment of this title (and on an annual basis thereafter) detailing the preparations made at U.S. diplomatic missions abroad to detect and mitigate such an attack, listing improvements for radiological safety and consequence management at those missions, and providing a rank-ordered list of the missions where such improvements are the most critical. As part of this report the Secretary is required to submit a budget request to carry out these improvements. Furthermore, this title provides authority to the Secretary of State to develop, through U.S. contributions to and in coordination with the IAEA, foreign first-responder plans and training to implement them.

TITLE XXIV--GLOBAL PATHOGEN SURVEILLANCE

In January 2001, the National Intelligence Council released a National Intelligence Estimate entitled, `The Biological Warfare Threat.' The report not only points to the growing biological warfare capabilities of state and non-state actors but, more importantly, highlights the similar patterns and symptoms of a deliberately initiated disease outbreak and a naturally occurring outbreak. Once an outbreak is detected and begins to spread, it is very difficult to distinguish between a deliberate versus a natural disease outbreak. Furthermore, both are potentially devastating to human, animal, and plant life, as well as economically costly. Epidemiologists and public health experts rely on similar tools to help prevent, detect, and contain both intentional and naturally occurring disease outbreaks.

The threat of bioterrorism poses significant challenges not only for the United States, but for the entire world. It is difficult to protect our nation's health alone in an age of unprecedented air travel and international trade, as infectious pathogens are transported across borders each day. The global outbreak in 2003 of severe acute respiratory syndrome, or SARS, is an unfortunate reminder of this vulnerability. So is the current situation regarding avian flu, which could yet become a worldwide epidemic.

Infectious disease outbreaks are transnational threats and the defense of our homeland is not an isolated activity. Rather, it requires a comprehensive strategy, including a critical international component. Whether intentional or natural, infectious diseases do not recognize the boundaries set by national borders.

The committee held a hearing regarding the threat of bioterrorism and the spread of infectious diseases on September 5, 2001. Witnesses included former Senator Sam Nunn, Dr. Donald A. Henderson of Johns Hopkins University (later a scientific advisor to the White House and the Department of Health and Human Services), and Dr. David L. Heymann, Executive Director for Communicable Diseases at the World Health Organization. At a March 18, 2002, hearing on the chemical and biological weapons threat, Dr. Alan P. Zelicoff, Senior Scientist at Sandia National Laboratories, testified on the role of syndromic surveillance in bioterrorism prevention.

Developing nations represent one of the weak links in a comprehensive global surveillance and monitoring network. Unfortunately, naturally occurring disease outbreaks are most likely to occur in these areas where poor sanitary conditions, poverty, and a weak medical infrastructure combine to offer ideal breeding grounds for pathogens. In addition, some developing countries border rogue states or states that offer sanctuaries for international terrorist groups, where there is documented interest in biological agents.

This title seeks to enhance the capability of the international community to detect, identify, and contain infectious disease outbreaks, whether the cause of those outbreaks is intentional or natural in origin. The primary authority for implementation of the bill's provisions is vested in the Department of State, but the committee expects that the Department of Health and Human Services will also play a critical role, including consultation to the greatest extent possible.

Sec. 2404. Priority for certain countries

Section 2404 requires that priority in allocating assistance under the provisions of this bill be given to those eligible developing countries that permit personnel from the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDC) to investigate infectious disease outbreaks on their territory, provide early notification of such outbreaks, and share pathogen surveillance data with appropriate U.S. Governmental entities and international health organizations.

Sec. 2405. Restriction

Section 2405 restricts access that foreign nationals participating in programs authorized under this Act may gain to select agents that may be used as, or in, a biological weapon, except in a supervised and controlled setting.

Sec. 2406. Fellowship Program

Section 2406 authorizes the Secretary of State to award fellowships to eligible nationals of developing countries to pursue a master of public health degree or advanced public health training in epidemiology. These programs not only impart technical skills utilizing state-of-the-art technology, but also help cultivate the management and organizational skills of future leaders for developing country public health programs. The Secretary of State shall require the recipient to enter into an agreement under which the recipient, upon completing said education or training, will return to the recipient's country of nationality or last habitual residence (so long as it is an eligible developing country) and complete at least four years of employment in a public health position in the government or a nongovernmental, not-for-profit entity in that country or, with the approval of the Secretary, serve with an international health organization such as the WHO. If the recipient is unable to meet these requirements, the recipient will be required to reimburse the U.S. Government for the value of the assistance provided.

Subsection (e) allows for the participation of United States citizens, on a case-by-case basis, if the Secretary determines that it is in the national interest of the United States to do so. Such participants would be required, upon completion of education or training, to complete at least five years of employment in a public health position in an eligible developing country or an international health organization.

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

Section 2407 supports short-term training courses, outside the United States, in laboratory techniques for laboratory technicians and public health officials. Such training courses offer the opportunity for public health personnel to train in their indigenous environment, utilizing the available technology. Subsection 2407(a) complements the assistance authorized in Section 2408 for the purchase and maintenance of public health laboratory equipment. Subsection 2407(b) supports training in syndrome surveillance techniques. Syndrome surveillance systems provide the means for early detection and recognition, limit infection and mortality rates, and help to more efficiently focus limited public health resources.

Sec. 2408 and Sec. 2409. Assistance for the purchase and maintenance of public health laboratory equipment and assistance for improved communication of public health information

Sections 2408 and 2409 authorize the President to provide assistance, subject to the availability of appropriations, to eligible developing countries to purchase and maintain: (1) public health laboratory equipment necessary for the collection, analysis, and identification of pathogens which may cause disease outbreaks or be used as biological weapons; and (2) communications equipment and information technology, along with supporting equipment, necessary to effectively collect, analyze, and transmit public health information. The equipment should be appropriate for ready use in the intended geographical area and compatible with general standards established by the WHO and, as appropriate, the CDC to ensure interoperability with regional and international networks. Recipient countries must provide the resources, infrastructure, and other assets required to house, support, maintain, secure, and maximize use of this equipment and appropriate technical personnel.

This section further imposes a limitation, in that amounts appropriated to carry out this section shall not be made available for the purchase from a foreign country of equipment that, if made in the United States, would be subject to the Arms Export Control Act or likely be barred or subject to special conditions under the Export Administration Act of 1979.

The President is authorized under subsection (e) of Section 2409 to provide assistance for the standardizing of the reporting of public health information between and among developing countries and international health organizations. Such standardized reporting requirements will enable information to be more easily transmitted and understood.

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

Section 2410 authorizes the heads of executive branch departments and agencies to assign public health personnel to U.S. diplomatic missions and international health organizations when requested. These details, intended to be flexible in nature, should be for the purpose of enhancing disease and pathogen surveillance efforts in developing countries. The Secretary of State must concur with any such detail.

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

Section 2411 authorizes the expansion of the overseas laboratories and other related facilities of the Centers for Disease Control and Prevention and the Department of Defense, as appropriate, to further the goals of global pathogen surveillance and monitoring. This expansion applies to both numbers of personnel and the scope of operations. Overseas CDC and DOD facilities, working with host governments, play a crucial role in enhancing the capability of developing countries to monitor disease outbreaks and suspected biological weapons attacks.

Sec. 2412. Assistance for regional health networks and expansion of Foreign Epidemiology Training Programs

Section 2412 authorizes the President to provide assistance for the purposes of enhancing the surveillance and reporting capabilities of the World Health Organization and existing regional networks. The President is also authorized to provide funding for the development of new regional health networks, as a means of continuing to expand the reach of a global surveillance network. Additionally, subsection (b) authorizes the Secretary of Health and Human Services to establish new country or regional Foreign Epidemiology Training Programs in eligible developing countries.

Sec. 2413. Authorization of appropriations

This section authorizes appropriations for carrying out provisions of this title for Fiscal Year 2006. This section has made funding available for this title from the funds authorized to be appropriated to the State Department account for Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR). All amounts authorized to be appropriated by this title are authorized to remain available until expended. The section authorizes $35,000,000 in total. Of this amount, $25,000,000 is authorized to carry out Sections 2406, 2407, 2408 and 2409; $500,000 to carry out Section 2410; $2,500,000 to carry out Section 2411; and $7,000,000 to carry out Section 2412.

The level of assistance required for global pathogen surveillance will be modest in comparison to other foreign assistance efforts. Targeted U.S. assistance can leverage other international assistance and, more importantly, establish benchmarks for public health programs in developing countries to strive for in sustaining and expanding pathogen surveillance efforts. Global surveillance does not command large-scale investments nor does it require high-tech equipment. The absence of authorized funding beyond FY 2006 does not indicate the need for a re-authorization of these programs.

TITLE XXV--REPORTING REQUIREMENTS AND OTHER MATTERS

SUBTITLE A--ELIMINATION AND MODIFICATION OF CERTAIN REPORTING REQUIREMENTS

Sec. 2501. Annual Report on territorial integrity

This section repeals an annual report from the 1994 Foreign Operations, Export Financing, and Related Programs Act on steps taken by the governments of Eurasia concerning violations of the territorial integrity or national sovereignty of other Eurasian states `such as those violations included in Principle Six of the Helsinki Final Act.' This report is no longer necessary because the countries of Eurasia (designated in the 1994 Act as `New Independent States') have maintained their sovereignty and territorial integrity for over a decade.

Sec. 2502. Annual reports on activities in Colombia

This section permits the Secretary of State to satisfy the reporting requirements of Section 694 of the Foreign Relations Authorization Act, Fiscal Year 2003, by consolidating the required information with the report required by Section 489 of the Foreign Assistance Act.

Sec. 2503. Annual report on foreign military training

This amendment changes the date upon which the report is due to the Congress from January 31 to March 1, and limits the content to military training provided during the previous fiscal year.

Sec. 2504. Report on human rights in Haiti

This section combines reports that derive from subsections 616(c) (2), (3) and (4) of the Commerce, Justice and State Appropriations Act Fiscal Year 1999, as amended, concerning the status of the Government of Haiti's investigations and prosecution of certain extra judicial and political murders, the list of individuals implicated in those murders, and list of aliens denied visas as a result of the legislation. The two reports had been submitted on the same date but in two separate packages, so the timing of the receipt of this information will not be affected.

SUBTITLE B--OTHER MATTERS

Sec. 2511. Amendments to the Arms Control and Disarmament Act

This section adds the term `formal commitments' to the elements for which the Verification and Compliance Bureau of the Department of State shall provide compliance analysis (arms control, nonproliferation, and disarmament agreements) under the Arms Control and Disarmament Act. To facilitate faster submission of the annual report on objectives and negotiations, it separates that report from the annual report on compliance, which is required to be prepared in coordination with the Director of National Intelligence. This section also allows the annual report on Chemical Weapons Convention compliance, required by condition 10(C) of the resolution of advice and consent to U.S. ratification of that Convention, to be incorporated in the annual compliance report required by Section 403 of the Arms Control and Disarmament Act.

Sec. 2512. Support for independent media in Ethiopia

This section recognizes the need for an independent media in Ethiopia and recommends the provision of necessary sums to strengthen the capacity of journalists and increase their access to printing facilities.

Sec. 2513. Support for Justice Sector in Central African States and the African Union

The Great Lakes region of central Africa has seen some improvement in the past year in the levels of open warfare, but general insecurity and violence remain a daily threat to millions of civilians in the region. The primary threat to humanity has been from armed militia groups acting with impunity, although State security forces have also been guilty of grave abuses as well. The region's governments remain woefully weak and unable to effectively control all regions of their countries from a security perspective. These same governments, and the regional organizations of which they are members, are also in specific need of extensive rehabilitation and reform of their judicial institutions and capacity in upholding the rule of law.

This section expresses a Sense of the Congress on the publication of the U.S. 2004 Country Reports on Human Rights Practices for the region and supports the Administration's stated intent to help establish African judicial capacity, specifically that of the African Union. This section authorizes funding for the above purposes and requires a report by the President within 6 months of passage that addresses efforts made to strengthen judicial capacity in Africa.

Sec. 2514. Support for Haiti

In recognition of the serious humanitarian crisis in Haiti, this section urges a robust and immediate response in the current fiscal year by the United States and the international community. Accordingly, the committee encourages the administration to provide to Haiti at least $163,000,000 in assistance to meet the basic needs of the Haitian people including through improved public health and disease prevention programs, and to provide resources for the purposes of training, overhauling and equipping the Haitian National Police force.

The committee recognizes the need for flexibility in responding to the crisis and, accordingly, makes clear that such assistance may be provided from among several accounts authorized in this bill.

Sec. 2515. Global Peace Operations Initiative

This section authorizes the appropriation of $114,400,000 for fiscal year 2006, and such sums as may be necessary for fiscal year 2007, to support the Global Peace Operations Initiative, which was proposed last year. This section authorizes appropriations for the new Global Peace Operations Initiative (GPOI) that consolidates the programs for training of peacekeepers globally, while concentrating on Africa in the near term. The existing Africa Contingency Operations Initiative (ACOTA) will now operate within the overall GPOI. This section also sets minimum criteria for nations wishing to participate in such training. Such criteria are based upon experience from past peacekeeping training programs which have highlighted the need to ensure countries are willing and informed participants with an eye toward democratic and human rights principles.

Sec. 2516. Assistance to combat HIV/AIDS in certain countries of the Caribbean region

This section's purpose is to include certain nations of the Caribbean Region, where HIV/AIDS prevalence is second only to sub-Saharan Africa, on the list of countries eligible for assistance under the Emergency Plan for AIDS Relief.

Sec. 2517. Repeal of obsolete assistance authority

This section repeals various authorities that have been included in the Foreign Assistance Act over the last twenty years in response to one-time crises to provide for the relief and rehabilitation of various peoples around the world.

Sec. 2518. Consolidation of certain submissions under the Afghanistan Freedom Support Act of 2002

This section permits the President to consolidate or combine three reports required by the Afghanistan Freedom Support Act (Public Law 107-327): the Afghanistan assistance plan required under section 104(c) of the Act; the report on monitoring of assistance for Afghanistan required by section 305(d) of the Act, as amended; and the report on implementation of the strategy for meeting security needs of Afghanistan required by section 206(c) of the Act, as amended.

Sec. 2519. Technical corrections

This section makes technical corrections to several foreign assistance laws.

Sec. 2520. Requirement for report on United States policy toward Haiti

This section requires that the Secretary of State provide a report outlining the administration's plan for the stabilization and reconstruction of Haiti for fiscal years 2006 and 2007. The report shall include a description of activities to be carried out by the U.S. government to assist in the establishment of democracy and rule of law; promote economic development; and improve health, education, and employment. It will also include information on U.S. efforts to assist in the disarmament of illegally armed forces and the reform of the Haitian National Police, support the holding of free and fair elections, and strengthen strategies to address the HIV/AIDS epidemic. The report will also outline U.S. efforts to encourage other nations and international organziations to fulfill assistance pledges to Haiti and to ensure that the United Nations Stabilization Mission in Haiti, MINUSTAH, is fully staffed. The committee is persuaded that the United States has a political and economic interest, as well as a humanitarian responsibility, to address the crisis in Haiti.

Sec. 2521. United States policy on tsunami relief and reconstruction policy in Aceh, Indonesia

This section states that it should be the policy of the United States to work to formulate a joint statement with other donor countries that are providing assistance for tsunami relief and reconstruction efforts in Aceh, Indonesia, that calls for the provision of such assistance to be equitably distributed throughout the impacted areas of Indonesia and to be used to strengthen and support the negotiations between the Government of Indonesia and the Free Aceh Movement. The committee notes that the United States and other donor nations successfully issued a similar statement with respect to the conflict in Sri Lanka and believes that this initiative could be used as a model for the situation in Aceh.

Sec. 2522. Drug price transparency in the emergency plan for AIDS relief

This section requires a report on procurement of antiretroviral drugs under the Emergency Plan for AIDS Relief. The committee strongly supports the steps taken by the Administration to increase access to antiretroviral drugs in the focus countries receiving support under the auspices of the Emergency Plan for AIDS Relief. The committee believes that drug price transparency will help build additional confidence in this initiative. The committee also believes that the U.S. government should support the use of the lowest-cost available drugs that are safe and effective.

TITLE XXVI--SAFE WATER

This title makes a clear stated policy goal of the Foreign Assistance Act of 1961 that the U.S. recognizes that safe water and sanitation, sound water management, and improved hygiene for people around the world is an essential ingredient of our foreign policy objectives. It authorizes a 5-year pilot program at such sums as is necessary to assist countries, that have a high rate of water borne diseases, with alternative funding mechanisms such as investment insurance, investment guarantees or loan guarantees to develop sustainable water infrastructure systems. Finally, this title requires the Secretary of State along with the Administrator of USAID to develop a national strategy to implement the foreign assistance objectives of expanding access to safe water and sanitation, sound water management and improved hygiene for people around the world. The strategy would be developed in consultation with international organizations, foreign countries, and nongovernmental organizations.

Sec. 2601. Short title

The title shall be cited as the `Safe Water: Currency for Peace Act of 2005.'

Sec. 2602. Findings

The section identifies Congressional findings highlighting water borne diseases as killing and debilitating millions of people annually, and preventing millions of people from leading healthy lives and therefore, undermining foreign assistance developmental efforts.

The section cites the 2002 World Summit on Sustainable Development, held in Johannesburg, South Africa where the United States agreed to the Plan of Implementation of the World Summit on Sustainable Development to implement a plan to reduce by one-half the proportion of people who are unable to reach or afford safe drinking water and the proportion of people without access to basic sanitation by 2015.

Sec. 2603. Water for health and development

This section amends Part I of the Foreign Assistance Act of 1961 by adding a new findings section that highlights access to safe water and sanitation and improved hygiene as significant factors in controlling the spread of water borne diseases in developing countries and contributing positively to economic development.

Subsection (b) makes it a major policy objective of the Foreign Assistance Act of 1961 that the United States recognizes that safe water and sanitation, sound water management, and improved hygiene for people around the world is essential to our foreign policy objectives.

Subsection (c) authorizes the President to furnish assistance, including health information and education, to advance good health and promote economic development by improving the safety of water supplies, expand access to safe water and sanitation, promote sound water management, and promote hygiene in developing countries. The President is authorized to use local currencies under title I of the Agricultural Trade Development and Assistance Act of 1954 to support the goals of this Act, including the use of local currencies for purposes of drilling and maintaining water wells.

Sec. 2604. Pilot program for water sustainability infrastructure development and capacity building

The section amends the Foreign Assistance Act of 1961 by authorizing a 5 year pilot clean water sustainability infrastructure development program. The program authorizes the President, in coordination with the Administrator of the United States Agency for International Development and the President of the Overseas Private Investment Corporation to carry out this pilot program. The President, in conducting this pilot program, is authorized to utilize alternative financial assistance measures, including but not limited to: investment insurance, investment guarantees, loan guarantees, direct investment or other financial mechanisms. These alternative financing mechanisms shall be used for the purposes of leveraging public, private funds in order to expand investment in domiciled water infrastructure projects.

The section authorizes these alternative funds for purposes of assessing water development needs, design projects, fund projects, and provide for long-term monitoring water development programs. Determination of number of projects and geographic location of projects will be determined by the President in consultation with the Congress. Preferential consideration of projects should be given small businesses or cooperatives in the United States, but not to the exclusion of public non-profit organizations.

Loan guarantees, if selected as a part of a pilot project, shall be guaranteed by the United States Treasury at the rate not exceeding 75 per cent.

Sec. 2605. Safe water strategy

This section requires the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and other federal agencies including federal land grant universities who have expertise in water and water management programs, along with appropriate international organizations and non-governmental organizations, to assess current activities, and develop and implement a national strategy to meet the objectives of expanding access to safe water and sanitation, including supporting and providing sound water management, and improve hygiene for people around the world.

The national strategy shall focus on current resources and their allocation and recommend ways and means to maximize the efficient allocation of theses resources toward the goal of reducing by half the proportion of the population exposed to unsafe water and sanitation by the year 2015. Focus of the national strategy should also address the effective coordination of and use of non-profit, non-governmental technical expertise in the delivery of resources.

Within 180 days of enactment of this Act, the President shall submit the report required by this section to the Congress.

Sec. 2606. Authorization of appropriations

The section authorizes such sums as may be necessary for carrying out this title.

TITLE XXVII--PROTECTION OF VULNERABLE POPULATIONS DURING HUMANITARIAN EMERGENCIES

The committee recognizes that during a humanitarian emergency people--especially women and children--become extremely vulnerable to a range of abuses including sexual exploitation, trafficking and gender-based violence. This title seeks to ensure that those affected by natural disasters, such as the tsunami that affected countries in Asia and Africa last December or by man-made crises, such as the ongoing crisis in the Darfur region of Sudan, are protected from such abuses through our foreign assistance programs.

Sec. 2701. Short title

Sec. 2702. Definitions

Sec. 2703. Findings

These sections contain the short title, the definitions and the findings, respectively.

The committee believes that steps must be taken to ensure that the State Department and the United States Agency for International Development (USAID) have a strategy to protect vulnerable populations from exploitation and abuse before, during and after a humanitarian emergency. The next sections ensure that such a strategy is in place, that USAID has the expertise to develop appropriate programs, and that the U.S. government has an established mechanism to ensure that partners who implement our assistance programs overseas are committed to preventing exploitation and abuse by their personnel in the field.

Sec. 2711. Requirement to develop comprehensive strategy

This section directs the Secretary of State, in consultation with the USAID Administrator, to develop an integrated strategy for the protection of vulnerable populations, especially women and children, and to provide Congress with that strategy within 180 days.

Sec. 2712. Designation of coordinator

This section directs the Secretary of State, in consultation with the USAID Administrator, to designate an official at the State Department or USAID as a Protection Coordinator within 60 days. The Protection Coordinator will be responsible for ensuring that our assistance programs include activities to support the protection of vulnerable populations, especially women and children, affected by humanitarian emergencies.

Sec. 2721. Reporting and monitoring systems

This section instructs the Protection Coordinator to develop and maintain a historical database of instances where sexual abuse and exploitation of children occurred during a humanitarian emergency; develop a reporting and monitoring mechanism for diplomatic missions to collect and report to the coordinator information that indicates vulnerable populations are being targeted or are at risk during an emergency; assist U.S. missions in developing responses to situations where there is a risk of sexual exploitation and abuse during a humanitarian emergency; and develop a procedure for relief organizations to report evidence of sexual exploitation and abuse and exploitation of children during an emergency.

Sec. 2722. Protection training and expertise

This section establishes a fellowship at USAID to enhance the expertise of its personnel in developing protection related policies and programs.

Sec. 2731. Codes of conduct

This section prohibits the State Department and USAID from providing primary grants to or entering into contracts with relief organizations that do not sign a code of conduct which prohibits employees from having inappropriate relationships with aid beneficiaries. This provision applies only to assistance under section 491 of the Foreign Assistance Act or overseas assistance under section 2 of the Migration and Refugee Assistance Act of 1962.

Sec. 2732. Health services for refugees and displaced persons

The committee recognizes that women have particular health needs during an emergency that require specialized care, including medical assistance for those who might have been raped, or who are pregnant. This section directs the Protection Coordinator to ensure that organizations funded by the U.S. have the resources to provide for the specific health needs of women during a complex humanitarian emergency and that these relief organizations are on the ground no later than 30 days after the onset of such an emergency.

Sec. 2733. Economic self-sufficiency of vulnerable populations affected by a humanitarian emergency

The committee is aware that people, especially women and children, are often more vulnerable to exploitation during a crisis due to lack of economic self-sufficiency. This section amends the Micro-Enterprise Development Act of 2000 to make it clear that special effort should be made to extend such assistance to internally displaced people so that they have the means to earn income during an emergency.

Sec. 2734. International military education and training

This section adds a component to the International Military and Education Program focused on training foreign militaries to protect civilians who are refugees and internally displaced persons.

Sec. 2735. Sense of Congress regarding actions of United Nations peacekeepers

The committee is very disturbed by reports of sexual exploitation of women and girls in eastern Democratic Republic of Congo by U.N. peacekeepers. This section expresses the sense of Congress that the Secretary General of the U.N. should further strengthen policies of the U.N. to protect civilians from sexual abuse and exploitation by U.N. personnel involved in U.N. peacekeeping missions. It also expresses the sense of Congress that the Secretary of State should consider suspending military assistance to countries who do not follow up on allegations that their troops engaged in sexual exploitation and/or abuse while deployed as part of a U.N. peacekeeping mission.

Sec. 2741. Actions to support protection

This section encourages the U.S. representative to the World Bank to make sure that women and children who were forced to serve with armed combatants get a benefit package as part of World Bank post-conflict demobilization programs similar to those given to the men who are disarming. It also requires the Secretary of State to submit a report to the committee on what types of training programs the State Department and USAID are currently conducting that are designed to improve accountability for gender-based violence.

Sec. 2742. Protection assistance

This section amends the Foreign Assistance Act to provide that funds made available to carry out Chapter 1 of part I of the Act and chapter 4 of part II may be used to fund protection activities for vulnerable populations, especially women and children, who are affected by complex humanitarian emergencies. The purpose of this section is to authorize funding for activities such as security assessments for refugee and internally displaced camps, reunification services for children separated from their families or training for local law enforcement activities to investigate cases of rape.

TITLE XXVIII--CONVENTIONAL ARMS DISARMAMENT

THE CONVENTIONAL ARMS DISARMAMENT ACT OF 2005

The threat posed to global peace and security by persistent landmines, readily available small arms, light weapons, abandoned ordnance, and poorly secured munitions has long been a concern for the Committee on Foreign Relations. Congress has mandated significant accounting and reporting requirements on US sales and transfers of conventional weaponry, particularly for highly portable and relatively inexpensive weapons. While these efforts proceed with strong support from the committee, bilateral assistance to countries seeking to destroy, safeguard or otherwise eliminate proliferation-vulnerable surplus conventional stockpiles has not been given equally sustained attention, budgetary support and needed authorities.

In Public Law 106-164, Congress amended the Arms Export Control Act (22 U.S.C. 2751, et. seq.) to establish a comprehensive end-use monitoring program for defense articles and services in order to improve accountability with respect to those defense articles and services sold, leased or exported under the Arms Export Control Act or Foreign Assistance Act. Since then, the Department of State has established the Blue Lantern program to carry out such a program with respect to commercial exports of U.S. defense articles and services. A similar program, Golden Sentry, was established by the Department of Defense for foreign military sales (FMS).

Blue Lantern results are reported annually to Congress. These reports have shown that a notable percentage of unfavorable end-use checks involve firearms and ammunition. In the Fiscal Year 2003 reporting period, 49 percent of all unfavorable checks related to firearms and ammunition. While the percentage for such commodities decreased to 18 percent in the Fiscal Year 2004 reporting period, the committee remains concerned about the possibility of diversion of such exports. Indeed, the data provided under Blue Lantern demonstrate that even when applying the strict controls and enforcement provisions of US law in the International Traffic in Arms Regulations (22 CFR 120-130), the potential for diversion exists. The problem can only be more prevalent regarding arms from countries without such controls.

Several reports in the last two years have detailed the potential for illegal acquisition, the unsafe handling, shipment, storage and the wide availability of Man-Portable Air-Defense Systems or MANPADS.

In May 2004, the U.S. General Accountability Office (GAO) submitted a report to Congress on the growing threat posed by MANPADS. GAO found that `Since the 1950s, 20 countries have developed or produced at least 30 different types of MANPADS, with a total production of more than a million missiles . . . Estimates of the global inventory of MANPADS range from 500,000 to 750,000 weapons, with approximately 1 percent outside the control of national governments, according to intelligence sources.' 1

[Footnote] The report noted that `progress toward reducing MANPADS proliferation is limited by . . . multilateral forums' lack of mechanisms to monitor countries' implementation of their commitments. 2

[Footnote] The GAO also noted that the only realistic mechanisms available to the State Department in this regard are the `procedures in place to confirm destruction of MANPADS through its bilateral efforts. 3

[Footnote] In January 2005, a RAND Corporation study addressed the risk of MANPADS use in terrorist attacks and recommended `working with international governments to slow down the proliferation of MANPADS technologies, in particular those against which countermeasures are less effective. 4

[Footnote] The committee concurs with such assessments, and so proposes to increase the funding, coordination and authorities available to the Department of State for threat reduction efforts regarding MANPADS, as well as for persistent landmines, readily available small arms, light weapons, abandoned ordnance, and poorly secured munitions.

[Footnote 1: United States General Accounting Office, Report to Congressional Committees, `Nonproliferation: Further Improvements Needed in U.S. Efforts to Counter Threats from Man-Portable Air Defense Systems,' GAO-04-519, May 2004, p. 10.]

[Footnote 2: Ibid., p. 14.]

[Footnote 3: Ibid.]

[Footnote 4: James Chow, et. al., `Protecting Commercial Aviation Against the Shoulder-Fired Missile Threat,' Rand Occasional Paper, 2005, RAND Corporation, p. 34.]

In the 108th Congress, Chairman Lugar introduced the Conventional Arms Threat Reduction Act of 2004 or S. 2981. During the committee's markup of the Foreign Affairs Authorization Act, Fiscal Years 2006 and 2007, it included substantially the same legislation as that which the Chairman had previously introduced in the Senate.

The Conventional Arms Disarmament Act, or CADA, seeks to provide unified planning, programming, and implementation of U.S. bilateral or multilateral assistance for an accelerated global program to secure, remove, or eliminate stocks of MANPADS, other conventional weapons, and tactical missile systems, as well as related equipment and facilities, that pose a proliferation threat.

Sec. 2801. Short Title

This section gives the short title `Conventional Arms Disarmament Act.'

Sec. 2802. Findings; Sense of Congress

This section states several findings and a Sense of Congress.

Sec. 2803. Statement of Policy

This section states that it is the policy of the United States to assist the governments of other countries in safeguarding or eliminating stocks of MANPADS, other conventional weapons, and tactical missile systems that pose a proliferatiion, local or regional security, or humanitarian threat.

Sec. 2804. Global Program for the Safeguarding and Elimination of Conventional Arms

Section 2804 authorizes the Secretary of State to carryout a global program to secure, remove, or eliminate stocks of MANPADS, other conventional weapons and munitions, as well as related equipment and facilities that are determined by the Secretary of State to pose a proliferation threat. Specified program elements include:

While sec. 2804 includes demining activities as a program element, the committee does not intend that this reference should in any way modify existing U.S. programs regarding humanitarian demining activities, but rather, includes such reference by way of noting that in cases where MANPADS and other conventional weapons caches have been found, there were often large stockpiles of land mines. The committee intends that funding for humanitarian demining activities should continue to be a separate budget line, but that such activities should be coordinated with and integrated into the accelerated effort called for in this title.

Sec. 2805. Redesignation of Office of Weapons Removal and Abatement as Office of Conventional Arms Threat Reduction

On October 6, 2003, then-Assistant Secretary of State for Political-Military Affairs (PM) Lincoln P. Bloomfield announced the creation of the Office of Weapons Removal and Abatement (PM/WRA). In so doing, he stated: `The menace to regional stability and public safety posed by persistent landmines, readily available small arms, light weapons, abandoned ordnance, and poorly secured munitions are interrelated and should be addressed in a comprehensive manner.'

While the committee supported the efforts of the PM Bureau to provide a coordinated response to the challenges posed by such weapons, the extent to which activities throughout the Department of State are coordinated with PM/WRA remains unclear. In redesignating PM/WRA the Office of Conventional Arms Threat Reduction, the committee does not intend that any authority already given to PM/WRA under the Department's decision be taken away, but rather, that the new office provide greater attention, Department-wide and within the Federal government, to such efforts.

Sec. 2806. Report on Conventional Arms Threat Reduction

The committee currently does not have a specific report regarding all bilateral and multilateral efforts to remedy the threats posed by persistent landmines, readily available small arms, light weapons, abandoned ordnance, and poorly secured munitions. Insofar as the committee has called for a report of broad scope, it intends that this requirement be a one-time report detailing past efforts similar to those called for under the Conventional Arms Disarmament Act and efforts made toward implementing it.

Sec. 2807. Authorization of Appropriations

The committee would have expected a request for increased funding to take on the expanded mission of PM/WRA as it relates to readily available small arms, light weapons, abandoned ordnance, and poorly secured munitions. While such efforts are relatively inexpensive compared to those concerning weapons of mass destruction, when PM/WRA was created the funding increases remained surprisingly small. Section 2807 would therefore increase the authorization for activities under the Office of Conventional Arms Threat Reduction for small arms, light weapons, abandoned ordnance, and poorly secured munitions to $20 million for fiscal year 2006.

This section is also drafted to tie some of the increase in authorized levels of spending over the fiscal year 2006 requested level to submission of the report required by Section 2806. The committee has been informed that PM/WRA could not execute a global effort of the kind called for in Section 2804 with a large increase in funds on an immediate basis. Given such concerns, the committee intends that the one-time reporting requirement in Section 2806 will enable proper planning and programming for such a comprehensive effort. In an effort to ensure that, this section would authorize an initial increase of only $1.25 million over the fiscal year 2006 requested level of $8.750 million for small arms and light weapons activities (as distinct from humanitarian demining activities or the International Trust Fund contribution), withholding the additional $10 million increase for such efforts until the report is submitted.

Sec. 2808. Definition of Nonproliferation and Disarmament Fund

This section specifies that the term `Nonproliferation and Disarmament Fund' means the Nonproliferation and Disarmament Fund established under section 504 of the FREEDOM Support Act (22 U.S.C. 5854).

VI. COST ESTIMATE

Rule XXVI, paragraph 11(a) of the Standing Rules of the Senate requires that committee reports on bills or joint resolutions contain a cost estimate for such legislation. To date, the committee has not received the Congressional Budget Office cost estimate.

VII. EVALUATION OF REGULATORY IMPACT

Rule XXVI, paragraph 11(b) of the Standing Rules of the Senate requires an evaluation of the regulatory impact of the bill. A few provisions of the bill, such as Sections 203, 213, and 312, require or authorize the issuance of regulations. These regulatory provisions, however, relate to the administration of State Department facilities or programs, and would not involve regulation of private commerce. Section 2231 increases the monetary thresholds for notification of arms exports to Congress under section 36 of the Arms Export Control Act, and will therefore require minor modifications to existing regulations issued under the authority of Section 38 of that Act.

VIII. CHANGES IN EXISTING LAW

In compliance with paragraph 12 of Rule XXVI of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing proposed to be omitted is enclosed in black brackets, new matter is printed in italic, existing law in which no change is proposed is shown in roman).

Foreign Assistance Act of 1961

Sec. 102. Development Assistance Policy- (a) * * *

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Sec. 103. Agricultural Development in Rural Areas--5(a)(1)6(a) In recognition of the fact that the great majority of the people of developing countries live in rural areas and are dependent on agriculture and agricultural-related pursuits for their livelihood, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for agriculture, rural development, and nutrition--

5(2) There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $760,000,000 for fiscal year 1986 and $760,000,000 for fiscal year 1987. Of these amounts, the President may use such amounts as he deems appropriate to carry out the provisions of section 316 of the International Security and Development Cooperation Act of 1980. Amounts appropriated under this section are authorized to remain available until expended.

5(3) Of the amounts authorized to be appropriated in paragraph (2) for the fiscal year 1987, not less than $2,000,000 shall be available only for the purpose of controlling and eradicating amblyomma variegatum (heartwater) in bovine animals in the Caribbean.6

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Sec. 104. Population and Health- (a)* * *

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(c) ASSISTANCE FOR HEALTH AND DISEASE PREVENTION- (1) In order to contribute to improvements in the health of the greatest number of poor people in developing countries, the President is authorized to furnish assistance, on such terms and conditions as he may determine, for health programs. Assistance under this subsection shall be used primarily for basic integrated health services, safe water and sanitation, disease prevention and control, and related health planning and research. The assistance shall emphasize self-sustaining community-based health programs by means such as training of health auxiliary and other appropriate personnel, support for the establishment and evaluation of projects that can be replicated on a broader scale, measures to improve management of health programs, and other services and suppliers to support health and disease prevention programs.

5(2)(A)6(2) In carrying out the purposes of this subsection, the President shall promote, encourage, and undertake activities designed to deal directly with the special health needs of children and mothers. Such activities should utilize simple, available technologies which can significantly reduce childhood mortality, such as improved and expanded immunization programs, oral rehydration to combat diarrhoeal diseases, and education programs aimed at improving nutrition and sanitation and at promoting child spacing. In carrying out this paragraph, guidance shall be sought from knowledgeable health professionals from outside the agency primarily responsible for administering this part. In addition to government-to-government programs, activities pursuant to this paragraph should include support for appropriate activities of the types described in this paragraph which are carried out by international organizations (which may include international organizations receiving funds under chapter 3 of this part) and by private and voluntary organizations, and should include encouragement to other donors to support such types of activities.

5(B) In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President $25,000,000 for fiscal year 1986 and $75,000,000 for fiscal year 1987 for use in carrying out this paragraph. Amounts appropriated under this subparagraph are authorized to remain available until expended.

5(C) Appropriations pursuant to subparagraph (B) may be referred to as the `Child Survival Fund.'6

(3) The Congress recognizes that the promotion of primary health care is a major objective of the foreign assistance program. The Congress further recognizes that simple, relatively low-cost means already exist to reduce incidence of communicable diseases among children, mothers, and infants. The promotion of vaccines for immunization, and salts for oral rehydration, therefore, is an essential feature of the health assistance program. To this end, the Congress expects the agency primarily responsible for administering this part to set as a goal the protection of not less than 80 percent of all children, in those countries in which such agency has established development programs, from immunizable diseases by January 1, 1991. 5Of the aggregate amounts made available for fiscal year 1987 to carry out paragraph (2) of this subsection (relating to the Child Survival Fund) and to carry out subsection (c) (relating to development assistance for health), $50,000,000 shall be used to carry out this paragraph.6

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SEC. 104D. WATER FOR HEALTH AND DEVELOPMENT.

Sec. 105. Education and Human Resources Development- In order to reduce illiteracy, to extend basic education and to increase manpower training in skills related to development, the President is authorized to furnish assistance on such terms and conditions as he may determine, for education, public administration, and human resource development. 5There are authorized to be appropriated to the President for the purposes of this section, in addition to funds otherwise available for such purposes, $180,000,000 for fiscal year 1986 and $180,000,000 for fiscal year 1987, which are authorized to remain available until expended.6

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Sec. 106. Development of Indigenous Energy Resources- (a) * * *

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5(e)(1) There are authorized to be appropriated to the President for purposes of this section, in addition to funds otherwise available for such purposes, $207,000,000 for fiscal year 1986 and $207,000,000 for fiscal year 1987.

5(2) Amounts appropriated under this section are authorized to remain available until expended.

5(f) Of the amounts authorized to be appropriated to carry out this part, $5,000,000 for fiscal year 1986 and $5,000,000 for fiscal year 1987 shall be used to finance cooperative projects among the United States, Israel, and developing countries.6

* * * * * * *

Sec. 123. Private and Voluntary Organizations and Cooperatives in Overseas Development- (a) * * *

* * * * * * *

5(e) Prohibitions on assistance to countries contained in this or any other Act shall not be construed to prohibit assistance by the agency primarily responsible for administering this part in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable. The President shall take into consideration, in any case in which statutory prohibitions on assistance would be applicable but for this subsection, whether continuation of support for such programs is in the national interest of the United States. If the President continues such support after such date, he shall prepare and transmit, not later than one year after such date, to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report setting forth the reasons for such continuation.6

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SEC. 129. PROGRAM TO PROVIDE TECHNICAL ASSISTANCE TO FOREIGN GOVERNMENTS AND FOREIGN CENTRAL BANKS OF DEVELOPING OR TRANSITIONAL COUNTRIES.

(a) ESTABLISHMENT OF PROGRAM- * * *

* * * * * * *

(j) AUTHORIZATION OF APPROPRIATIONS-

(1) IN GENERAL- There are authorized to be appropriated to carry out this section 5$5,000,000 for fiscal year 19996 $20,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

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SEC. 256A. DEVELOPMENT CREDIT AUTHORITY.

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5Sec. 302. Authorization- (a)(1) There are authorized to be appropriated to the President $270,000,000 for fiscal year 1986 and $236,084,000 for fiscal year 1987 for grants to carry out the purposes of this part, in addition to funds available under other Acts for such purposes. Of the amount appropriated for each of the fiscal years 1986 and 1987 pursuant to these authorizations--

5(2) The Congress reaffirms its support for the work of the Inter-American Commission on Human Rights. To permit such Commission to better fulfill its function of insuring observance and respect for human rights within this hemisphere, not less than $357,000 of the amount appropriated for fiscal year 1976 and $358,000 of the amount appropriated for fiscal year 1977, for contributions to the Organization of American States, shall be used only for budgetary support for the Inter-American Commission on Human Rights.

5(b)(1) There is authorized to be appropriated to the President for loans for Indus Basin Development to carry out the purposes of this section, in addition to funds available under this chapter or any other Act for such purposes, for use beginning in the fiscal year 1969, $61,220,000. Such amounts are authorized to remain available until expended.

5(2) There is authorized to be appropriated to the President for grants for Indus Basin Development, in addition to any other funds available for such purposes, for use in the fiscal year 1974, $14,500,000, and for use in the fiscal year 1975, $14,500,000, and for use beginning in the fiscal year 1976, $27,000,000, which amounts shall remain available until expended. The President shall not exercise any special authority granted to him under section 2360(a) or 2364(a) of this title to transfer any amount appropriated under this paragraph to, and to consolidate such amount with, any funds made available under any other provision of this chapter.

5(c) None of the funds available to carry out this part shall be contributed to any international organization or to any foreign government or agency thereof to pay the costs of developing or operating any volunteer program of such organization, government, or agency relating to the selection, training, and programing of volunteer manpower.

5(d) to (h) Repealed. Pub. L. 95-424, title VI, Sec. 604, Oct. 6, 1978, 92 Stat. 961

5(i) In addition to amounts otherwise available under this section, there are authorized to be appropriated for fiscal year 1976 $1,000,000 and for fiscal year 1977 $2,000,000 to be available only for the International Atomic Energy Agency to be used for the purpose of strengthening safeguards and inspections relating to nuclear fissile facilities and materials. Amounts appropriated under this subsection are authorized to remain available until expended.

5(j) In addition to amounts otherwise available under this section for such purposes, there are authorized to be appropriated to the President $3,000,000 for fiscal year 1989 to be available only for United States contributions to multilateral and regional drug abuse control programs. Of the amount authorized to be appropriated by this subsection--

5(k)6(b) In addition to amounts otherwise available under this section, there is authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2004 through 2008 to be available only for United States contributions to the Vaccine Fund.

5(l)6(c) In addition to amounts otherwise available under this section, there is authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2004 through 2008 to be available only for United States contributions to the International AIDS Vaccine Initiative.

5(m)6(d) In addition to amounts otherwise available under this section, there are authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2004 through 2008 to be available for United States contributions to malaria vaccine development programs, including the Malaria Vaccine Initiative of the Program for Appropriate Technologies in Health (PATH).

* * * * * * *

Sec. 307. Withholding of United States Proportionate Share for Certain Programs of International Organizations- (a) Notwithstanding any other provision of law, none of the funds authorized to be appropriated by this chapter shall be available for the United States proportionate share for programs for Burma, 5Iraq,6 North Korea, Syria, Libya, Iran, Cuba, or the Palestine Liberation Organization or for projects whose purpose is to provide benefits to the Palestine Liberation Organization or entities associated with it, or at the discretion of the President, Communist countries listed in section 620(f) of this Act.

* * * * * * *

(e) Funds available in any fiscal year to carry out the provisions of this chapter that are returned or not made available for organizations and programs because of the application of this section shall remain available for obligation until September 30 of the fiscal year after the fiscal year for which such funds are appropriated.

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Sec. 451. Contingencies- (a)(1) Notwithstanding any other provision of law, the President is authorized to use funds made available to carry out any provision of this Act (other than the provisions of chapter 1 of this part or the Arms Export Control Act (22 U.S.C. 2751 et seq.)) in order to provide, for any unanticipated contingencies, assistance authorized by this part in accordance with the provisions applicable to the furnishing of such assistance, except that the authority of this subsection may not be used to authorize the use of more than 5$25,000,0006 $50,000,000 during any fiscal year.

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SEC. 481. POLICY, GENERAL AUTHORITIES, COORDINATION, FOREIGN POLICE ACTIONS, DEFINITIONS, AND OTHER PROVISIONS.

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Sec. 482. Authorization- (a)* * *

* * * * * * *

5(g) Excess Property- For6

(g) EXCESS PROPERTY-

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5CHAPTER 9--INTERNATIONAL DISASTER ASSISTANCE6

CHAPTER 9--INTERNATIONAL DISASTER AND FAMINE ASSISTANCE

Sec. 491. Policy and General Authority- (a) The Congress, recognizing that prompt United States assistance to alleviate human suffering caused by natural and 5manmade disasters6 manmade disasters, including famine, is an important expression of the humanitarian concern and tradition of the people of the United States, affirms the willingness of the United States to provide assistance for the relief and rehabilitation of people and countries affected by such 5disasters.6 disasters and for programs of reconstruction following such disasters.

(b) Subject to the limitations in section 492, and notwithstanding any other provision of this or any other Act, the President is authorized to furnish assistance to any foreign country, international organization, or private voluntary organization, on such terms and conditions as he may determine, for international disaster relief and rehabilitation, including assistance relating to disaster preparedness, programs of reconstruction following disasters, and to the prediction of, and contingency planning for, natural disasters abroad.

(c) In carrying out the provisions of this section the President shall insure that the assistance provided by the United States shall, to the greatest extent possible, reach those most in need of 5relief and rehabilitation6 relief, rehabilitation, and reconstruction assistance as a result of natural and manmade 5disasters.6 disasters, including famine.

* * * * * * *

Sec. 492. Authorization- (a) There are authorized to be appropriated to the President to carry out section 491, 5$25,000,000 for the fiscal year 1986 and $25,000,000 for the fiscal year 19876 $655,500,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007. Amounts appropriated under this section are authorized to remain available until expended.

* * * * * * *

5SEC. 494. Disaster Relief Assistance- There is authorized to be appropriated, in addition to other sums available for such purposes, $65,000,000 for use by the President for disaster relief and emergency recovery needs in Pakistan, and Nicaragua, under such terms and conditions as he may determine, such sums to remai available until expended.6

SEC. 494. TRANSITION AND DEVELOPMENT ASSISTANCE.

* * * * * * *

Sec. 497- 5Authorizations of Appropriations for the Development Fund for Africa- 6 AVAILABILITY OF FUNDS- * * *

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SEC 498B. AUTHORITIES RELATING TO ASSISTANCE AND OTHER PROVISIONS.

(a) * * *

* * * * * * *

(j) WAIVER OF CERTAIN PROVISIONS-

* * * * * * *

SEC. 498C. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- * * *

(b) OPERATING EXPENSES-

* * * * * * *

Sec. 505. Conditions of Eligibility- (a) * * *

* * * * * * *

(f) Effective July 1, 1974, no defense article shall be furnished to any country on a grant basis unless such country shall have agreed that the net proceeds of sale received by such country in disposing of any weapon, weapons system, munition, aircraft, military boat, military vessel, or other implement of war received under this chapter will be paid to the United States Government and shall be available to pay all official costs of the United States Government payable in the currency of that country, including all costs relating to the financing of international educational and cultural exchange activities in which that country participates under the programs authorized by the Mutual Educational and Cultural Exchange Act of 1961. 5In the case of items which were delivered prior to 1985, the6 The President may waive the requirement that such net proceeds be paid to the United States Government if he determines that to do so is in the national interest of the United States.

* * * * * * *

Sec. 514. Stockpiling of Defense Articles for Foreign Countries- (a) * * *

(b)(1) The value of defense articles to be set aside, earmarked, reserved, or intended for use as war reserve stocks for allied or other foreign countries (other than for purposes of the North Atlantic Treaty Organization or in the implementation of agreements with Israel) in stockpiles located in foreign countries may not exceed in any fiscal year an amount that is specified in security assistance authorizing legislation for that fiscal year.

* * * * * * *

Sec. 532. Authorizations of Appropriations- 5(a) There are authorized to be appropriated to the President to carry out the purposes of this chapter--6 (a) There are authorized to be appropriated to the President to carry out the purposes of this chapter $3,036,375,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

* * * * * * *

Sec. 534. Administration of Justice- (a) The President may furnish assistance under this part to countries and organizations, including national and regional institutions, in order to strengthen the administration of justice 5in countries in Latin America and the Caribbean6.

(b) Assistance under this section may only include--

* * * * * * *

* * * * * * *

* * * * * * *

5(c) Not more than $20,000,000 of the funds made available to carry out this part for any fiscal year shall be available to carry out this section, in addition to amounts otherwise available for such purposes.6

5(d)6(c) Funds may not be obligated for assistance under this section unless the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate are notified of the amount and nature of the proposed assistance at least 15 days in advance in accordance with the procedures applicable to reprogrammings pursuant to section 634A of this title.

5(e)6(d) Personnel of the Department of Defense and members of the United States Armed Forces may not participate in the provision of training under this section. 5Of the funds made available to carry out this section, not more than $10,000,000 may be made available in fiscal year 1991 to carry out the provisions of subsection (b)(3) of this section. The authority of this section shall expire on September 30, 1991.6

* * * * * * *

Sec. 541. General Authority- The President is authorized to furnish, on such terms and conditions consistent with this Act as the President may determine (but whenever feasible on a reimbursable basis), military education and training to military and related civilian personnel of foreign countries and comparable personnel of international organizations. Such civilian personnel shall include foreign governmental personnel of ministries other than ministries of defense, and may also include legislators and individuals who are not members of the government, if the military education and training would (i) contribute to responsible defense resource management, (ii) foster greater respect for and understanding of the principle of civilian control of the military, (iii) contribute to cooperation between military and law enforcement personnel with respect to counternarcotics law enforcement efforts, or (iv) improve military justice systems and procedures in accordance with internationally recognized human rights. Such training and education may be provided through--

* * * * * * *

* * * * * * *

Sec. 542. Authorization- 5There are authorized to appropriated to the President to carry out the purposes of this chapter $56,221,000 for fiscal year 1986 and $56,221,000 for the fiscal year 19876 There are authorized to be appropriated to the President to carry out the purposes of this chapter $86,744,000 for the fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

* * * * * * *

Sec. 551. General Authority- The President is authorized to furnish assistance to friendly countries and international organizations, on such terms and conditions as he may determine, for peacekeeping operations and other programs carried out in furtherance of the national security interests of the United States. 5Such assistance may include reimbursements6

* * * * * * *

Sec. 552. Authorization of Appropriations- (a) 5There are authorized to appropriated to the President to carry out the purposes of this chapter, in addition to amounts otherwise available for such purposes, $37,000,000 for the fiscal year 1986 and $37,000,000 for the fiscal year 19876 There are authorized to be appropriated to the President to carry out the purposes of this chapter, in addition to amounts otherwise available for such purposes, $195,800,000 for the fiscal year 2006 and such sums as may be necessary for fiscal year 2007.

* * * * * * *

Sec 614. Special Authorities-

(a) Furnishing of assistance and arms export sales, credits, and guaranties upon determination and notification of Congress of importance and vitality of such action to security interests and national security interests of United States; policy justification; fiscal year limitations; transfers between accounts.

5(b) United States obligations in West Germany. Whenever the President determines it to be important to the national interest, he may use funds available for the purposes of chapter 4 of part I in order to meet the responsibilities or objectives of the United States in Germany, including West Berlin, and without regard to such provisions of law as he determines should be disregarded to achieve this purpose.

5(c) Certification by President of inadvisability to specify nature of use of funds; reports to Congress. The President is authorized to use amounts not to exceed $50,000,000 of the funds made available under this Act pursuant to his certification that it is inadvisable to specify the nature of the use of such funds, which certification shall be deemed to be a sufficient voucher for such amounts. The President shall fully inform the chairman and ranking minority member of the Committee on Foreign Affairs of the House of Representatives and the chairman and ranking minority member of the Committee on Foreign Relations of the Senate of each use of funds under this subsection prior to the use of such funds.6

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SEC. 618. ASSISTANCE FOR A RECONSTRUCTION AND STABILIZATION CRISIS.

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Sec. 620. Prohibitions Against Furnishing Assistance- (a) * * *

* * * * * * *

(l) * * *

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Sec. 624. Statutory Officers- (a) * * *

* * * * * * *

(c) * * *

* * * * * * *

Sec 634A. Notification of Program Changes- (a) * * *

(b) The notification requirement of this section does not apply to the reprogramming--

* * * * * * *

Sec. 635. General Authorities- (a) * * *

* * * * * * *

(h) A contract or agreement which entails commitments for the expenditure of funds 5available under chapter 1 (22 USC 2151 et seq.) (except development loans) and title II of chapter 2 of part I (22 USC 2171 et seq.) and under part II may,6 made available under the Act may, subject to any future action of the Congress, extend at any time for not more than five years.

5(i) Settlement and arbitration of claims arising under investment guaranty operations. Claims arising as a result of investment guaranty operations may be settled, and disputes arising as a result thereof may be arbitrated with the consent of the parties, on such terms and conditions as the President may direct. Payment made pursuant to any such settlement, or as a result of arbitration award, shall be final and conclusive notwithstanding any other provision of law.6

* * * * * * *

636. Availability of Funds- (a) * * *

* * * * * * *

* * * * * * *

* * * * * * *

(c) Notwithstanding any other law, 5not to exceed $6,000,000 of the6 funds available for assistance under this Act may be used in any fiscal year (in addition to funds available for such use under other authorities in this Act) to construct or otherwise acquire outside the United States (1) essential living quarters, office space, and necessary supporting facilities for use of personnel carrying out activities authorized by this Act, and (2) schools (including dormitories and boarding facilities) and hospitals for use of personnel carrying out activities authorized by this Act, United States Government personnel, and their dependents. In addition, funds made available for assistance under this Act may be used, notwithstanding any other law, to equip, staff, operate, and maintain such schools and hospitals.

(d) 5Not to exceed $2,500,000 of funds6 Funds available for assistance under this Act may be used in any fiscal year to provide assistance, on such terms and conditions as are deemed appropriate, to schools established, or to be established, outside the United States whenever it is determined that such action would be more economical or would best serve the interests of the United States in providing for the education of dependents of personnel carrying out activities authorized by this Act and dependents of United States Government personnel, in lieu of acquisition or construction pursuant to subsection (c) of this section.

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SEC. 655. ANNUAL MILITARY ASSISTANCE REPORT.

(a) REPORT REQUIRED. * * *

* * * * * * *

5(c) AVAILABILITY ON INTERNET- All unclassified portions of such report shall be made available to the public on the Internet through the Department of State.6

* * * * * * *

Sec. 660. Police Training Prohibition- (a) * * *

(b) Subsection (a) of this section shall not apply--

* * * * * * *

(c) Country with longstanding democratic tradition, etc. Subsection (a) shall not apply with respect to a country which has a longstanding democratic tradition, does not have standing armed forces, and does not engage in a consistent pattern of gross violations of internationally recognized human rights.

5(d) Assistance to Honduras or El Salvador. Notwithstanding the prohibition contained in subsection (a) assistance may be provided to Honduras or El Salvador for fiscal years 1986 and 1987 if, at least 30 days before providing assistance, the President notifies the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate, in accordance with the procedures applicable to reprogramming notifications pursuant to section 634A of this Act (22 USC 2394-1), that he has determined that the government of the recipient country has made significant progress, during the preceding six months, in eliminating any human rights violations including torture, incommunicado detention, detention of persons solely for the nonviolent expression of their political views, or prolonged detention without trial. Any such notification shall include a full description of the assistance which is proposed to be provided and of the purposes to which it is to be directed.6

* * * * * * *

Sec. 667. Operating 5EXPENSES6 EXPENSES OF THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT- (a) There are authorized to be appropriated to the President, in addition fo funds otherwise available for such purposes--

5(b)6(c) Amounts appropriated under this section are authorized to reamin abailable until expended.

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PART VI--SPECIAL DEBT RELIEF FOR THE POOREST COUNTRIES

SEC. 901. SPECIAL DEBT RELIEF FOR THE POOREST COUNTRIES.

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Foreign Service Act of 1980

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Sec. 301. GENERAL PROVISIONS RELATING TO APPOINTMENTS- (a) Only citizens of the United States may be appointed to the Service, other than for service abroad as a consular agent or as a foreign national employee.

(b) The Secretary shall prescribe, as appropriate, written, oral, physical, foreign language, and other examinations for appointment to the Service (other than as a chief of mission or ambassador at large). At the time of entry into the Service, each member of the Service must be worldwide available, as determined by the Secretary of State through appropriate medical examinations, unless the Secretary determines that a waiver of the worldwide availability requirement is required to fulfill a compelling Service need.

* * * * * * *

Sec. 302. Appointments by the President- (a)(1) * * *

* * * * * * *

(B)(i) * * *

(ii) The President may confer such personal rank only if, prior to such conferral, he transmits to the Committee on Foreign Relations of the Senate a written report setting forth--

* * * * * * *

SEC. 305. APPOINTMENT TO THE SENIOR FOREIGN SERVICE- (a) * * *

* * * * * * *

5(d) The Secretary shall by regulation establish a recertification process for members of the Senior Foreign Service that is equivalent to the recertification process for the Senior Executive Service under section 3993a of title 5, United States Code.6 Section 305(d) of the Foreign Service Act of 1980 (22 U.S.C. 3945(d)) is repealed.

* * * * * * *

SEC. 309. LIMITED APPOINTMENTS- (a) A limited appointment in the Service, including an appointment of an individual who is an employee of an agency, may not exceed 5 years in duration and, except as provided in 5subsection (b)6 subsections (b) and (c), may not be extended or renewed. A limited appointment in the Service which is limited by its terms to a period of one year or less is a temporary appointment.

(b) A limited appointment may be extended for continued service--

* * * * * * *

SEC. 503. ASSIGNMENTS TO AGENCIES, INTERNATIONAL ORGANIZATIONS, 5AND6 FOREIGN GOVERNMENTS, OR OTHER BODIES- (a) The Secretary may (with the concurrence of the agency, organization, or other body concerned) assign a member of the Service for duty--

* * * * * * *

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SEC. 610. SEPARATION FOR CAUSE; SUSPENSION- (a)(1) The Secretary may decide to separate any member from the Service for such cause as will promote the efficiency of the Service.

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SEC. 701. INSTITUTION FOR TRAINING - (a) INSTITUTION OR CENTER FOR TRAINING- * * *

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5(g)6 (h) The authorities of section 704 shall apply to training and instruction provided under this section.

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Sec. 824. Reemployment- (a) * * *

* * * * * * *

5(g) The Secretary of State may waive the application of the paragraphs (a) through (d) of this section, on a case-by-case basis, for an annuitant reemployed on a temporary basis, but only if, and for so long as, the authority is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances.6

* * * * * * *

Sec. 901. Travel and Related Expenses- The Secretary may pay the travel and related expenses of members of the Service and their families, including costs or expenses incurred for--

(1) * * *

* * * * * * *

(6) rest and recuperation travel of members of the Service who are United States citizens, and members of their families, while serving at locations abroad specifically designated by the Secretary for purposes of this paragraph, to--

* * * * * * *

Sec. 903. Required Leave in the United States- (a) The Secretary may order a member of the Service (other than a member employed under section 311) who is a citizen of the United States to take a leave of absence under section 6305 of title 5, United States Code (without regard to the introductory clause of subsection (a) of that section), upon completion by that member of 518 months6 12 months of continuous service abroad. The Secretary shall order on such a leave of absence a member of the Service (other than a member employed under section 311) who is a citizen of the United States as soon as possible after completion by that member of 3 years of continuous service abroad.

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SEC. 904. HEALTH CARE- (a) * * *

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* * * * * * *

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Sec. 1106. Board Procedures- The Board may adopt regulations concerning its organization and procedures. Such regulations shall include provision for the following:

* * * * * * *

* * * * * * *

Arms Export Control Act

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Sec. 3. Eligibility- (a) * * *

* * * * * * *

(d)(1) 5Subject to paragraph (5), the6 The President may not give his consent under paragraph (2) of subsection (a) or under the third sentence of such subsection, or under section 505(a)(1) or 505(a)(4) of the Foreign Assistance Act of 1961, to a transfer of any major defense equipment valued (in terms of its original acquisition cost) at 5$14,000,0006 $50,000,000 or more, or any defense article or related training or other defense 5service valued (in terms of its original acquisition cost) at $50,000,0006 service valued (in terms of its original acquisition cost) at $100,000,000 or more, unless the President submits to the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate a written certification with respect to such proposed transfer containing--

* * * * * * *

(3)(A) 5Subject to paragraph (5), the6 The President may not give his consent to the transfer of any major defense equipment valued (in terms of its original acquisition cost) at 5$14,000,0006 $50,000,000 or more, or of any defense article or defense 5service valued (in terms of its original acquisition cost) at $50,000,0006 service valued (in terms of its original acquisition cost) at $100,000,000 or more, the export of which has been licensed or approved under section 38 of this Act, unless before giving such consent the President submits to the Speaker of the House of Representatives and the Chairman of the Committee on Foreign Relations of the Senate a certification containing the information specified in subparagraphs (A) through (E) of paragraph (1). Such certification shall be submitted--

* * * * * * *

5(5) In the case of a transfer to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries, the limitations on consent of the President set forth in paragraphs (1) and (3)(A) shall apply only if the transfer is--

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Sec. 21. Sales From Stocks- (a) * * *

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(h)(1) * * *

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(2)In carrying out the objectives of this section, the President is authorized to provide cataloging data and cataloging services without charge, 5to the North Atlantic Treaty Organization or to any member government of that Organization if that Organization or member government6 to the North Atlantic Treaty Organization, to any member government of that Organization, or to the government of any other country if that Organization, member government, or other government provides such data and services in accordance with an agreement on a reciprocal basis, without charge, to the United States Government.

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Sec. 36. Reports on Commercial and Governmental Military Exports; Congressional Action- (a) * * *

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(b)(1) 5Subject to paragraph (6), in6 In the case of any letter of offer to sell any defense articles or services under this 5Act for $50,000,0006 Act for $100,000,000 or more, any design and construction 5services for $200,000,0006 services for $350,000,000 or more, or any major defense equipment for 5$14,000,0006 $50,000,000 or more, and in other cases if the President determines it is appropriate, before such letter of offer is issued, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a numbered certification with respect to such offer to sell containing the information specified in clauses (i) through (iv) of subsection (a), or (in the case of a sale of design and construction services) the information specified in clauses (A) through (D) of paragraph (9) of subsection (a), and a description, containing the information specified in paragraph (8) of subsection (a), of any contribution, gift, commission, or fee paid or offered or agreed to be paid in order to solicit, promote, or otherwise to secure such letter of offer. Such numbered certifications shall also contain an item, classified if necessary, identifying the sensitivity of technology contained in the defense articles, defense services, or design and construction services proposed to be sold, and a detailed justification of the reasons necessitating the sale of such articles or services in view of the sensitivity of such technology. In a case in which such articles or services listed on the Missile Technology Control Regime Annex are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. Each such numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell (if known on the date of transmittal of such certification). In addition, the President shall, upon the request of such committee or the Committee on Foreign Affairs of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request--

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(5)(A) * * *

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(C) 5Subject to paragraph (6), if6 If the enhancement or upgrade in the sensitivity of technology or the capability of major defense equipment, defense articles, defense services, or design and construction services described in a numbered certification submitted under this subsection 5costs $14,000,0006 costs $50,000,000 or more in the case of any major defense 5equipment, $50,000,0006 equipment, $100,000,000 or more in the case of defense articles or defense services, 5or $200,000,0006 or $350,000,000 or more in the case of design or construction services, and in other cases if the President determines it is appropriate, then the President shall submit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a new numbered certification which relates to such enhancement or upgrade and which shall be considered for purposes of this subsection as if it were a separate letter of offer to sell defense equipment, articles, or services, subject to all of the requirements, restrictions, and conditions set forth in this subsection. For purposes of this subparagraph, references in this subsection to sales shall be deemed to be references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment, articles, or services, as the case may be.

5(6) The limitation in paragraph (1) and the requirement in paragraph (5)(C) shall apply in the case of a letter of offer to sell to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries only if the letter of offer involves--

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(c)(1) 5Subject to paragraph (5), in6 In the case of an application by a person (other than with regard to a sale under section 21 or section 22 of this Act) for a license for the export of any major defense equipment sold under a contract in the amount of 5$14,000,0006 $50,000,000 or more or of defense articles or defense 5services sold under a contract in the amount of $50,000,0006 services sold under a contract in the amount of $100,000,000or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more) and in other cases if the President determines it is appropriate, before issuing such license the President shall transmit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate an unclassified numbered certification with respect to such application specifying (A) the foreign country or international organization to which such export will be made, (B) the dollar amount of the items to be exported, and (C) a description of the items to be exported. Each such numbered certification shall also contain an item indicating whether any offset agreement is proposed to be entered into in connection with such export and a description of any such offset agreement. In addition, the President shall, upon the request of such committee or the Committee on Foreign Affairs of the House of Representatives, transmit promptly to both such committees a statement setting forth, to the extent specified in such request a description of the capabilities of the items to be exported, an estimate of the total number of United States personnel expected to be needed in the foreign country concerned in connection with the items to be exported and an analysis of the arms control impact pertinent to such application, prepared in consultation with the Secretary of Defense and a description from the person who has submitted the license application of any offset agreement proposed to be entered into in connection with such export (if known on the date of transmittal of such statement). In a case in which such articles or services are listed on the Missile Technology Control Regime Annex and are intended to support the design, development, or production of a Category I space launch vehicle system (as defined in section 74), such report shall include a description of the proposed export and rationale for approving such export, including the consistency of such export with United States missile nonproliferation policy. A certification transmitted pursuant to this subsection shall be unclassified, except that the information specified in clause (B) and the details of the description specified in clause (C) may be classified if the public disclosure thereof would be clearly detrimental to the security of the United States, in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information.

(2) Unless the President states in his certification that an emergency exists which requires the proposed export in the national security interests of the United States, a license for export described in paragraph (1)--

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5(5) In the case of an application by a person (other than with regard to a sale under section 21 or 22 of this Act) for a license for the export to a member country of the North Atlantic Treaty Organization (NATO) or Australia, Japan, or New Zealand that does not authorize a new sales territory that includes any country other than such countries, the limitations on the issuance of the license set forth in paragraph (1) shall apply only if the license is for export of--

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(d)(1)(A) In the case of an approval under section 38 of this Act of a United States commercial technical assistance or manufacturing licensing agreement which involves the manufacture abroad of any item of significant combat equipment on the United States Munitions List, before such approval is given, the President shall submit a certification with respect to such proposed commercial agreement in a manner similar to the certification required under subsection (c)(1) containing comparable information, except that the last sentence of such subsection shall not apply to certifications submitted pursuant to 5this subsection6 this subparagraph.

(2) * * *

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(4) 5Approval for an agreement subject to paragraph (1) may not be given under section 386 Approval for an agreement subject to paragraph (1)(A), or for a comprehensive authorization subject to paragraph (1)(B), may not be given under section 38 or section 126.14 of title 22, Code of Federal Regulations (or any corresponding similar regulation), as the case may be, if the Congress, within the 15-day or 30-day period specified in paragraph (2)(A) or (B), as the case may be, enacts a joint resolution prohibiting such approval.

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State Department Basic Authorities Act of 1956

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SECTION 1. (a) SECRETARY OF STATE-

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(f) HIV/AIDS RESPONSE COORDINATOR-

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SEC. 4. (a) The Secretary of State is authorized to--

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(b)(1) Expenditures described under subsection (a) shall be made only for such activities as--

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(2) Activities described in paragraph (1) include--

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SEC. 24. (a) There are authorized to be appropriated for the Department of State, in addition to amounts otherwise authorized to be appropriated for the Department, such sums as may be necessary for any fiscal year for increases in salary, pay, retirement, and other employee benefits authorized by law.

(b)(1)~~~ In order to maintain the levels of program activity for the Department of State provided for each fiscal year by the annual authorizing legislation, there are authorized to be appropriated for the Department of State such sums as may be necessary to offset adverse fluctuations in foreign currency exchange rates, or overseas wage and price changes, which occur after November 30 of the earlier of--

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SEC. 37. (a) GENERAL AUTHORITY- Under such regulations as the Secretary of State may prescribe, special agents of the Department of State and the Foreign Service may--

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SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED STATES BY DESIGNATED LAW ENFORCEMENT OFFICERS.

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SEC. 38. (a) INTERNATIONAL AGREEMENTS- * * *

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(d) INTERNATIONAL LITIGATION FUND-

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SEC. 61. GRANT AUTHORITIES.

SEC. 62. THE UNITED STATES DIPLOMACY CENTER.

SEC. 63. RECONSTRUCTION AND STABILIZATION.

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Millennium Challenge Act of 2003

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SEC. 616. ASSISTANCE TO CERTAIN CANDIDATE COUNTRIES.

(a) AUTHORIZATION- * * *

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(d) FUNDING- Not more than 10 percent of the amount appropriated pursuant to the authorization of appropriations under section 619(a) for 5fiscal year 20046 a fiscal year is authorized to be made available to carry out this section.

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SEC. 619. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this title such sums as may be necessary for each of the fiscal years 2004 and 20055.6, $3,000,000,000 for fiscal year 2006, and such sums as may be necessary for fiscal year 2007.

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The Peace Corps Act

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Sec. 3. (a) The President is authorized to carry out programs in furtherance of the purposes of this Act, on such terms and conditions as he may determine.

(b)(1) There are authorized to be appropriated to carry out the purposes of this Act 5$270,000,000 for fiscal year 2000, $298,000,000 for fiscal year 2001, $327,000,000 for fiscal year 2002, and $365,000,000 for fiscal year 20036 $345,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007, of which not less than $2,000,000 should be made available for Greece in each year.

(2) Amounts authorized to be appropriated under paragraph (1) for a fiscal year are authorized to remain available for that fiscal year and the subsequent fiscal year.

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United Nations Participation Act of 1945

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5Sec. 9. The Secretary of State may, under such regulations as he shall prescribe, and notwithstanding section 3648 of the Revised Statutes (31 U.S.C. 529) and section 5536 of title 5, United States Code:

United States Code

TITLE 1

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SEC. 112b- UNITED STATES INTERNATIONAL AGREEMENTS; TRANSMISSION TO CONGRESS.

(a) The Secretary of State shall transmit to the 5Congress6 Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives the text of any international agreement (including the text of any oral international agreement, which agreement shall be reduced to writing), other than a treaty, to which the United States is a party as soon as practicable after such agreement has entered into force with respect to the United States but in no event later than sixty days thereafter. 5However, any6 Any such agreement the immediate public disclosure of which would, in the opinion of the President, be prejudicial to the national security of the United States 5shall not be so transmitted to the Congress but shall be transmitted to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives6 shall be transmitted under an appropriate injunction of secrecy to be removed only upon due notice from the President. Any department or agency of the United States Government which enters into any international agreement on behalf of the United States shall transmit to the Department of State the text of such agreement not later than twenty days after such agreement has been signed.

(b) Not later than March 1, 1979, and at yearly intervals thereafter, 5the President shall, under his own signature,6 the Secretary shall transmit to the 5Speaker of the House of Representatives and the chairman of the6 Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representativesa report with respect to each international agreement which, during the preceding year, was transmitted to the 5Congress6 such Committees after the expiration of the 60-day period referred to in the first sentence of subsection (a), describing fully and completely the reasons for the late transmittal.

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TITLE 5

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SEC. 5753. RECRUITMENT AND RELOCATION BONUSES.

(a)(1) This section may be applied to--

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(2) A bonus may not be paid under this section to an individual who is appointed to or who holds--

SEC. 5754. RETENTION BONUSES.

(a)(1) This section may be applied to--

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(2) A bonus may not be paid under this section to an individual who is appointed to or who holds--

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SEC. 5913. OFFICIAL RESIDENCE EXPENSES.

(a) For the purpose of this section, `agency' has the meaning given it by section 5721 of this title.

(b) Under such regulations as the President may prescribe, funds available to an agency for administrative expenses may be allotted to posts in foreign countries to defray the unusual expenses incident to the operation and maintenance of official residences suitable for--

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SEC. 5924. COST-OF-LIVING ALLOWANCES.

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SEC. 5925. POST DIFFERENTIALS.

(a) A post differential may be granted on the basis of conditions of environment which differ substantially from conditions of environment in the continental United States and warrant additional pay as a recruitment and retention incentive. A post differential may be granted to an employee officially stationed in the United States who is on extended detail in a foreign area. A post differential under this subsection may not exceed 525 percent of the rate of basic pay or, in the case of an employee of the United States Agency for International Development,6 35 percent of the rate of basic pay.

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SEC. 5928. DANGER PAY ALLOWANCE.

An employee serving in a foreign area may be granted a danger pay allowance on the basis of civil insurrection, civil war, terrorism, or wartime conditions which threaten physical harm or imminent danger to the health or well-being of the employee. A danger pay allowance may not exceed 525 percent of the basic pay of the employee, or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development6 35 percent of the basic pay of the employee, except that if an employee is granted an additional differential under section 5925(b) of this title with respect to an assignment, the sum of that additional differential and any danger pay allowance granted to the employee with respect to that assignment may not exceed 525 percent of the basic pay of the employee or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development6 35 percent of the basic pay of the employee. The presence of nonessential personnel or dependents shall not preclude payment of an allowance under this section. In each instance where an allowance under this section is initiated or terminated, the Secretary of State shall inform the Speaker of the House of Representatives and the Committee on Foreign Relations of the Senate of the action taken and the circumstances justifying it.

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SEC. 8332. CREDITABLE SERVICE.

(a) The total service of an employee or Member is the full years and twelfth parts thereof, excluding from the aggregate the fractional part of a month, if any.

(b) The service of an employee shall be credited from the date of original employment to the date of separation on which title to annuity is based in the civilian service of the Government. Except as provided in paragraph (13) of this subsection, credit may not be allowed for a period of separation from the service in excess of 3 calendar days. The service includes--

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TITLE 18

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SEC. 117. INTERFERENCE WITH CERTAIN PROTECTIVE FUNCTIONS.

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Foreign Assistance Act of 1969

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SEC. 401. INTER-AMERICAN FOUNDATION- (a) There is created as an agency of the United States of America a body corporate to be known as the Inter-American Foundation (hereinafter in this section referred to as the `Foundation').

(b) * * *

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5(s)(1) Notwithstanding any other provision of law, not to exceed an aggregate amount of $50,000,000 of the funds made available for the fiscal years 1970 and 1971 to carry out part I of the Foreign Assistance Act of 1961 shall be available to carry out the purposes of this section. Funds made available to carry out the purposes of this section under the preceding sentence are authorized to remain available until expended.

5(2) There are authorized to be appropriated $28,800,000 for the fiscal year 1992 and $31,000,000 for the fiscal year 1993 to carry out this section.6

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Security Assistance Act of 2000

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SEC. 513. ASSISTANCE FOR ISRAEL.

(a) DEFINITIONS- In this section:

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(b) ESF ASSISTANCE-

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SEC. 514. ASSISTANCE FOR EGYPT.

(a) DEFINITIONS- In this section:

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(b) ESF ASSISTANCE-

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International Security and Development Cooperation Act of 1980

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Sec. 510. There are authorized to be appropriated to carry out this title, in addition to amounts otherwise available for that purpose, 5$3,872,000 for fiscal year 1986 and $3,872,000 for fiscal year 19876 $18,850,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007. Funds appropriated under this section are authorized to remain available until expended.

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An Act to Authorize the President to Exercise Waivers of Foreign Assistance Restrictions With Respect to Pakistan Through September 30, 2003, and for Other Purposes

SECTION 1. EXEMPTIONS AND WAIVER OF APPROPRIATIONS ACT PROHIBITIONS WITH RESPECT TO PAKISTAN.

(a) FISCAL YEAR 2002 AND PRIOR FISCAL YEARS-

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5(b) FISCAL YEAR 2005-

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SEC. 3. EXEMPTION OF PAKISTAN FROM FOREIGN ASSISTANCE PROHIBITIONS RELATING TO FOREIGN COUNTRY LOAN DEFAULTS.

The following provisions of law shall not apply with respect to Pakistan:

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SEC. 6. TERMINATION DATE.

5Except as otherwise provided in section 1 or 3, the provisions of this Act shall terminate on October 1, 2005.6

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Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1999

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SEC. 616. (a) None of the funds appropriated or otherwise made available in this Act shall be used to issue visas to any person who--

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(c) REPORTING REQUIREMENT- (1) The United States chief of mission in Haiti shall provide the Secretary of State a list of those who have been credibly alleged to have ordered or carried out the extrajudicial and political killings mentioned in paragraph (1) of subsection (a).

(2) The Secretary of State shall submit the list provided under paragraph (1) to the appropriate congressional committees 5not later than 3 months after the date of enactment of this Act6 as part of the annual report submitted under paragraph (4) of this subsection.

(3) The Secretary of State shall submit to the appropriate congressional committees a list of aliens denied visas, and the Attorney General shall submit to the appropriate congressional committees, as part of the annual report submitted under paragraph (4) of this subsection, a list of aliens refused entry to the United States as a result of this provision.

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Immigration and Nationality Act

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Sec. 214. Admission of Non-Immigrants- (a) * * *

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(g) TEMPORARY WORKERS AND TRAINEES; LIMITATION ON NUMBERS- (1) * * *

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(5) The numerical limitations contained in paragraph (1)(a) shall not apply to any nonimmigrant alien issued a visa or otherwise provided status under section 1101(a)(15)(h)(i)(b) of this title who--

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United States International BroadcastingAct of 1994

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SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

(a) CONTINUED EXISTENCE WITHIN EXECUTIVE BRANCH-

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(g) Immunity from Civil Liability- Notwithstanding any other provision of law, any and all limitations on liability that apply to the members of the Broadcasting Board of Governors also shall apply to such members when acting in their capacities as members of the boards of directors of RFE/RL, Incorporated 5and6, Radio Free Asia, and Middle East Broadcasting Networks.

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SEC. 305. AUTHORITIES OF THE BOARD.

(a) AUTHORITIES- The Board shall have the following authorities:

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(c) BROADCASTING BUDGETS-

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SEC. 307. INTERNATIONAL BROADCASTING BUREAU.

(a) ESTABLISHMENT- There is hereby established an International Broadcasting Bureau under the Board (hereafter in this title referred to as the `Bureau'), to carry out all nonmilitary international broadcasting activities supported by the United States Government other than those described in sections 308 5and 3096, 309, and 310.

(b) SELECTION OF THE DIRECTOR OF THE BUREAU- The Director of the Bureau shall be appointed by the President, by and with the advice and consent of the Senate. The Director of the Bureau shall be entitled to receive compensation at the rate prescribed by law for level IV of the Executive Schedule.

(c) RESPONSIBILITIES OF THE DIRECTOR- The Director shall organize and chair a coordinating committee to examine and make recommendations to the Board on long-term strategies for the future of international broadcasting, including the use of new technologies, further consolidation of broadcast services, and consolidation of currently existing public affairs and legislative relations functions in the various international broadcasting entities. The coordinating committee shall include representatives of Radio Free Asia, Middle East Broadcasting Networks, RFE/RL, Incorporated, the Broadcasting Board of Governors, and, as appropriate, the Office of Cuba Broadcasting, the Voice of America, and Worldnet.

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SEC. 309. RADIO FREE ASIA.

(a) AUTHORITY-

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(c) GRANT AGREEMENT- Any grant agreement or grants under this section shall be subject to the following limitations and restrictions:

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(f) SUNSET PROVISION- The Board may not make any grant for the purpose of operating Radio Free Asia after September 30, 520096 2015.

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SEC. 310. MIDDLE EAST BROADCASTING NETWORKS.

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International Religious Freedom Act of 1998

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SEC. 207. AUTHORIZATION OF APPROPRIATIONS.

(a) IN GENERAL- There are authorized to be appropriated to the Commission 5$3,000,000 for the fiscal year 20036 $3,000,000 for fiscal year 2006 and such sums as may be necessary for fiscal year 2007 to carry out the provisions of this title.

(b) AVAILABILITY OF FUNDS- Amounts authorized to be appropriated under 5subparagraph (a)6 subsection (a) are authorized to remain available until expended but not later than the date of termination of the Commission.

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Diplomatic Security Act

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SEC. 301. ACCOUNTABILITY REVIEW BOARDS.

(a) IN GENERAL-

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SEC. 304. FINDINGS AND RECOMMENDATIONS BY A BOARD.

(a) FINDINGS- A Board convened in any case shall examine the facts and circumstances surrounding the serious injury, loss of life, or significant destruction of property at or related to a United States Government mission abroad or surrounding the serious breach of security involving intelligence activities of a foreign government directed at a United States Government mission abroad (as the case may be) and shall make written findings determining--

(b) PROGRAM RECOMMENDATIONS- A Board shall submit its findings (which may be classified to the extent deemed necessary by the Board) to the Secretary of 5State,6 State and the appropriate congressional committees, together with recommendations as appropriate to improve the security and efficiency of any program or operation which the Board has reviewed.

(c) PERSONNEL RECOMMENDATIONS- Whenever a Board finds reasonable cause to believe that an individual described in section 303(a)(1)(B) has breached the duty of that individual, the Board shall--

(d) REPORTS-

Omnibus Diplomatic Security and Antiterrorism Act of 1986

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SEC. 406. EFFICIENCY IN CONTRACTING.

(a)-(b) * * *

(c) DISQUALIFICATION OF CONTRACTORS- No person doing business with Libya may be eligible for any contract awarded pursuant to this Act.

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The American Institute in Taiwan Facilities Enhancement Act

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SEC. 3. AUTHORIZATION OF APPROPRIATIONS.

(a) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated 5the sum of $75,000,0006 such sums as may be necessary to AIT--

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Foreign Relations Authorization Act, Fiscal Years 1998 and 1999

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SEC. 2311. FOREIGN SERVICE REFORM.

(a) * * *

(b) EXPEDITED SEPARATION OUT-

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Radio Broadcasting to Cuba Act

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SEC. 3. (a) In order to carry out the objectives set forth in section 2, the Broadcasting Board of Governors (hereafter in this Act referred to as the `Board') shall provide for the open communication of information and ideas through the use of radio broadcasting to Cuba. Radio broadcasting to Cuba shall serve as a consistently reliable and authoritative source of accurate, objective, and comprehensive news.

5(b) Radio broadcasting in accordance with subsection (a) shall be part of the Voice of America radio broadcasting to Cuba and shall be in accordance with all Voice of America standards to ensure the broadcast of programs which are objective, accurate, balanced, and which present a variety of views.6

5(c) Radio broadcasting to Cuba authorized by this Act shall utilize the broadcasting facilities located at Marathon, Florida, and the 1180 AM frequency that were used by the Voice of America prior to the date of enactment of this Act. Other frequencies, not on the commercial Amplitude Modulation (AM) Band (535 kHz to 1605 kHz), may also be simultaneously utilized: Provided, That no frequency shall be used for radio broadcasts to Cuba in accordance with this Act which is not also used for all other Voice of America broadcasts to Cuba. Time leased from nongovernmental shortwave radio stations may be used to carry all or part of the Service programs and to rebroadcast Service programs: Provided, That not less than 30 per centum of the programs broadcast or rebroadcast shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the requirements of section 503(2) of Public Law 80-402.6

5(d) Notwithstanding subsection (c), in the event that broadcasts to Cuba on the 1180 AM frequency are subject to jamming or interference greater by 25 per centum or more than the average daily jamming or interference in the twelve months preceding September 1, 1983, the Broadcasting Board of Governors may lease time on commercial or noncommercial educational AM band radio broadcasting stations. The Federal Communications Commission shall determine levels of jamming and interference by conducting regular monitoring of the 1180 AM frequency. In the event that more than two hours a day of time is leased, not less than 30 per centum of the programing broadcast shall be regular Voice of America broadcasts with particular emphasis on news and programs meeting the requirements of section 503(2) of Public Law 80-402.6

5(e)6 (d) 5Any program of United States Government radio broadcasts to Cuba authorized by this section shall be designated `Voice of America: Cuba Service' or `Voice of America: Radio Marti program'6 Any service program of United States Government radio broadcasts to Cuba authorized by this section shall be designated `Radio Marti program'.

5(f) In the event broadcasting facilities located at Marathon, Florida, are rendered inoperable by natural disaster or by unlawful destruction, the Broadcasting Board of Governors may, for the period in which the facilities are inoperable but not to exceed one hundred and fifty days, use other United States Government-owned transmission facilities for Voice of America broadcasts to Cuba authorized by this Act.6

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Microenterprise for Self-Reliance and International Anti-Corruption Act of 2000

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SEC. 102. FINDINGS AND DECLARATIONS OF POLICY.

Congress makes the following findings and declarations:

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Foreign Relations Authorization Act, Fiscal Year 2003

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SEC. 224. ADVISORY COMMITTEE ON CULTURAL DIPLOMACY.

(a) ESTABLISHMENT- * * *

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(j) TERMINATION- The Advisory Committee shall terminate September 30, 520056 2007.

SEC. 321. RETIREMENT CREDIT FOR CERTAIN GOVERNMENT SERVICE PERFORMED ABROAD.

(a)-(e) * * *

(f) IMPLEMENTATION- The Office of Personnel Management, in consultation with the Secretary, shall prescribe such regulations, not later than 60 days after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 2006 and 2007, and take such action as may be necessary and appropriate to implement this section.

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5SEC. 504. PERSONAL SERVICES CONTRACTING PILOT PROGRAM.6

SEC. 504. PERSONAL SERVICES CONTRACTING PROGRAM.

(a) IN GENERAL- The Director of the International Broadcasting Bureau (in this section referred to as the `Director') may establish a 5pilot6 program (in this section referred to as the `program') for the purpose of hiring United States citizens or aliens as personal services contractors, without regard to Civil Service and classification laws, for service in the United States as 5broadcasters, producers, and writers6 broadcasters and other broadcasting specialists in the International Broadcasting Bureau to respond to new or emerging broadcast needs or to augment broadcast services.

(b) CONDITIONS- The Director is authorized to use the authority of subsection (a) subject to the following conditions:

5(c) TERMINATION OF AUTHORITY- The authority to award personal services contracts under the pilot program authorized by this section shall terminate on December 31, 2005. A contract entered into prior to the termination date under this subsection may remain in effect for a period not to exceed 6 months after such termination date.6

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SEC. 694. REPORTS ON ACTIVITIES IN COLOMBIA.

(a) REPORT ON REFORM ACTIVITIES- * * *

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(b) REPORT ON CERTAIN COUNTERNARCOTICS ACTIVITIES-

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Intelligence Reform and Terrorism Prevention Act of 2004

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SUBTITLE E--TREATMENT OF ALIENS WHO COMMIT ACTS OF TORTURE, EXTRAJUDICIAL KILLINGS, OR OTHER ATROCITIES ABROAD

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SEC. 5506. REPORT ON IMPLEMENTATION.

Not later than 180 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Homeland Security and the Secretary of State, shall submit to the Committees on the Judiciary of the Senate and the House of Representatives a report on implementation of this subtitle that includes a description of--

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SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.

(a) FINDINGS- * * *

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(c) FRONTLINE COUNTERTERRORIST TRAVEL TECHNOLOGY AND TRAINING-

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SEC. 7209. TRAVEL DOCUMENTS.

(a) FINDINGS- * * *

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5(d) TRANSIT WITHOUT VISA PROGRAM- The Secretary of State shall not use any authorities granted under section 212(d)(4)(C) of such Act until the Secretary, in conjunction with the Secretary of Homeland Security, completely implements a security plan to fully ensure secure transit passage areas to prevent aliens proceeding in immediate and continuous transit through the United States from illegally entering the United States.6

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Secure Embassy Construction and Counterterrorism Act of 1999

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SEC. 605. OBLIGATIONS AND EXPENDITURES.

(a) REPORT AND PRIORITY OF OBLIGATIONS-

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(c) 5SEMIANNUAL6 ANNUAL REPORTS ON ACQUISITION AND MAJOR SECURITY UPGRADES- On 5June 1 and6 December 1 of each year, the Secretary of State shall submit a report to the appropriate congressional committees on the embassy construction and security program authorized under this title. The report shall include--

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Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994

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TITLE V--GENERAL PROVISIONS

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SEC. 560. (a) * * *

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5(g) None of the funds appropriated by this Act shall be made available to any government of the New Independent States of the former Soviet Union if that government directs any action in violation of the territorial integrity or national sovereignty of any other New Independent State, such as those violations included in Principle Six of the Helsinki Final Act: Provided, That such funds may be made available without regard to the restriction in this subsection if the President determines that to do so is in the national interest of the United States: Provided further, That the restriction of this subsection shall not apply to the use of such funds for the provision of assistance for purposes of humanitarian, disaster and refugee relief: Provided further, That thirty days after the date of enactment of this Act, and then annually thereafter, the Secretary of State shall report to the Committees on Appropriations on steps taken by the governments of the New Independent States concerning violations referred to in this subsection: Provided further, That in preparing this report the Secretary shall consult with the United States Representative to the Conference on Security and Cooperation in Europe.6

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Arms Control and Disarmament Act

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SEC. 306. (a) IN GENERAL- In order to ensure that arms control, nonproliferation, and disarmament agreements can be verified, the Secretary of State shall report to Congress, on a timely basis, or upon request by an appropriate committee of the Congress--

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5SEC. 403. (a) IN GENERAL- Not later than April 15 of each year, the President shall submit to the Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate a report prepared by the Secretary of State with the concurrence of the Director of Central Intelligence and in consultation with the Secretary of Defense, the Secretary of Energy, and the Chairman of the Joint Chiefs of Staff, on the status of United States policy and actions with respect to arms control, nonproliferation, and disarmament. Such report shall include--

5(b) CLASSIFICATION OF THE REPORT- The report required by this section shall be submitted in unclassified form, with classified annexes, as appropriate. The portions of this report described in paragraphs (4) and (5) of subsection (a) shall summarize in detail, at least in classified annexes, the information, analysis, and conclusions relevant to possible noncompliance by other nations that are provided by United States intelligence agencies.

5(c) REPORTING CONSECUTIVE NONCOMPLIANCE- If the President in consecutive reports submitted to the Congress under this section reports that any designated nation is not in full compliance with its binding nonproliferation commitments to the United States, then the President shall include in the second such report an assessment of what actions are necessary to compensate for such violations.

5(d) Each report required by this section shall include a discussion of each significant issue described in subsection (a)(6) that was contained in a previous report issued under this section during 1995, or after December 31, 1995, until the question or concern has been resolved and such resolution has been reported in detail to the appropriate committees of Congress (as defined in section 1102(1) of the Arms Control, Non-Proliferation, and Security Assistance Act of 1999).6

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Afghanistan Freedom Support Act of 2002

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SEC. 305. FORMULATION OF LONG-TERM STRATEGY FOR AFGHANISTAN.

(a) STRATEGY-

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Agricultural Trade Development and Assistance Act of 1954

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TITLE I--TRADE AND DEVELOPMENT ASSISTANCE

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SEC. 104. USE OF LOCAL CURRENCY PAYMENT.

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