39-010
1st Session
109-35
--FOREIGN AFFAIRS AUTHORIZATION ACT,FISCAL YEARS 2006 AND 2007
[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:
- (1) Strengthening the civilian elements to respond to stabilization and reconstruction crises overseas;
- (2) Establishing a new system of planning, organization, personnel policies, education and training and the provision of adequate resources;
- (3) Encouraging the international community, including non-governmental organizations and the United Nations and its specialized agencies, to participate;
- (4) Urging the President to establish a new directorate of stabilization and reconstruction activities within the National Security Council;
- (5) Urging the President to establish a standing committee to oversee the formulation and execution of stabilization and reconstruction policy, chaired by the National Security Advisor with membership of appropriate agencies;
- (6) Establishing a personnel exchange program between the Department of State, USAID, and the Department of Defense to enhance the stabilization and reconstruction skills of military and civilian personnel and their ability to undertake joint operations. Personnel exchanges should include exchanges to regional and specialized commands, as well as joint and service schools, to ensure a broader base of interaction among agencies;
- (7) Urging other civilian agencies to work with the Department of Defense to establish similar exchange programs.
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]
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FY 2005 estimate FY 2006 request Committee mark
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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
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(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