Summary: S.1161 — 108th Congress (2003-2004)All Information (Except Text)

Bill summaries are authored by CRS.

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Reported to Senate without amendment (05/29/2003)

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

Foreign Assistance Authorization Act, fiscal year 2004 - Title I: Authorization of Appropriations - Subtitle A: Development Assistance and Related Programs Authorizations - (Sec. 101) Authorizes appropriations for FY 2004 to the President for development assistance and for the Child Survival and Health Programs Fund.

(Sec. 103) Amends the Foreign Assistance Act of 1961 to establish in the Treasury a Development Credit Authority Program Account, with appropriations authorized for FY 2004, and to authorize FY 2004 appropriations for: (1) technical assistance to foreign governments and foreign central banks of developing or transitional countries; (2) international organizations and programs; (3) international disaster assistance; (4) famine assistance; (5) assistance for the independent states of the former Soviet Union, and for Eastern Europe and the Baltic States; and (6) operating expenses of the United States Agency for International Development.

Subtitle B: Counternarcotics, Security Assistance, and Related Programs Authorizations - (Sec. 121) Establishes in the Treasury a Complex Foreign Crises Contingency Fund, with appropriations authorized for FY 2004.

(Sec. 122) Authorizes FY 2004 appropriations for: (1) international narcotics control and law enforcement, especially for Colombia; (2) Economic Support Fund; (3) international military education and training; (4) peacekeeping operations; (5) nonproliferation, anti-terrorism, demining, and related assistance; and (6) foreign military financing program, particularly assistance to Israel and Egypt.

Subtitle C: Independent Agencies Authorizations - (Sec. 131) Authorizes FY 2004 appropriations for: (1) the Inter-American Foundation; and (2) the African Development Foundation.

Subtitle D: Multilateral Development Bank Authorizations - (Sec. 141) Amends specified Federal laws to authorize FY 2004 appropriations for contributions to: (1) the seventh replenishment of the Asian Development Fund; (2) the thirteenth replenishment of the International Development Association; and (3) the ninth replenishment of the African Development Fund.

Subtitle E: Authorization for Iraq Relief and Reconstruction - (Sec. 151) Authorizes the President to make available from the Iraq Relief and Reconstruction Fund established under the Emergency Wartime Supplemental Appropriations Act, 2003 certain FY 2003 funds for specified humanitarian assistance and relief and reconstruction efforts in and around Iraq.

(Sec. 154) Authorizes the President to: (1) suspend the application of any provision of the Iraq Sanctions Act of 1990, and make inapplicable to Iraq other provisions of law that apply to countries that have supported terrorism; and (2) authorize, subject to congressional notification requirements, the export to Iraq of any nonlethal military equipment designated on the United States Munitions List and controlled under the International Trafficking in Arms Regulations established under the Arms Export Control Act.

(Sec. 155) Terminates certain authorities under this subtitle two years after enactment.

Title II: Amendments to General Foreign Assistance Authorities - Subtitle A: Foreign Assistance Act Amendments and Related Provisions - (Sec. 201) Amends the Foreign Assistance Act of 1961 to urge the U.S. development program to take maximum advantage of the increased participation of U.S. private enterprises and citizens in funding international development activities.

(Sec. 202) Makes permanent the allowance of nongovernmental organization (NGO) assistance to the people of countries subject to Federal assistance restrictions.

(Sec. 203) Applies to the Arms Export Control Act certain authority for use of funds for unanticipated contingencies, with an annual ceiling increased to $50 million.

(Sec. 204) Permits the Secretary of State to receive lethal Federal excess property for distribution to foreign governments.

(Sec. 205) Permits the use of funds under international disaster assistance authority for reconstruction assistance.

(Sec. 206) Makes permanent certain funding authorities for assistance for the independent states of the former Soviet Union.

(Sec. 207) Repeals certain limits on the President's authority to waive the requirement that net proceeds be paid to the United States that result from disposal of U.S. defense articles provided to a foreign country on a grant basis.

(Sec. 208) Authorizes the President to transfer certain obsolete or surplus defense articles in the war reserve stockpiles for allies to Israel, in exchange for equivalent concessions to be negotiated.

(Sec. 209) Extend through FY 2004 the President's authority to transfer excess items to the Department of Defense War Reserve Stockpile in Israel.

(Sec. 210) Amends the Foreign Relations Authorization Act, fiscal year 2003 to waive certain restrictions on economic support funds for Lebanon.

(Sec. 211) Amends the Foreign Assistance Act of 1961 to repeal geographic restrictions to continue the Administration of Justice program on a worldwide basis.

(Sec. 212) Authorizes the Peacekeeping program to include demining programs, and authorize the President to assist innovative programs to educate children in Afghanistan and other affected areas about the dangers of landmines.

(Sec. 213) Revises the President's special waiver authority.

(Sec. 214) Limits to aid to governments the prohibition on assistance for countries in default, and extend from six to 12 months the period of default preceding a cutoff of assistance.

(Sec. 215) Prohibits assistance to countries whose duly elected head of government is deposed by decree or military coup, unless the President determines that assistance is in the U.S. national interest.

(Sec. 217) Specifies limited exceptions to the requirement for congressional notification of program changes.

(Sec. 218) Authorizes the extension at any time for up to five years of contractrs or agreements which entail the commitment or expenditure of funds made available under the Foreign Assistance Act of 1961.

(Sec. 219) Extends arbitration and claims settlement authority for investment guarantee operations to cover claims arising from other activities carried out under the Act, and to include alternative dispute resolution procedures.

(Sec. 220) Permits the hiring of personal services contractors for work in the United States. Allows 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. Repeals: (1) the ten-year limitation on leases; (2) the $6 million limitation on the acquisition or construction of living and office space overseas for U.S. Government personnel; and (3) the $2.5 million limitation on the provision of assistance for schools for dependents of U.S. Government personnel.

(Sec. 221) Permits the use of assistance for law enforcement forces to: (1) combat corruption; and (2) combat trafficking in persons. Authorizes the Secretary of State to waive the limitations on the use of such assistance on a case-by-case basis if it is important to the national interest.

(Sec. 222) Authorizes the President to forgive certain debts owed by the poorest countries to the United States.

(Sec. 223) Declares the sense of Congress that the President should make available for FY 2004 at least the total level of assistance requested for such year for all agencies participating in the Congo Basin Forest Partnership program.

(Sec. 224) Authorizes the Secretary to support public-private partnerships for landmine clearance programs through grant or cooperative agreement.

(Sec. 225) Authorizes the Secretary of State to designate an appropriate private, non-profit organization as the Middle East Foundation, and to provide funding to it through the Middle East Partnership Initiative. Directs the Secretary to enter an agreement requiring the Foundation to make grants to projects that support specified purposes related to democratic development. Authorizes the Foundation to make a grant to an institution of higher education in the Middle East to create a Center for Public Policy.

Subtitle B: Arms Export Control Act Amendments and Related Provisions - (Sec. 231) Amends the Arms Export Control Act with respect to: (1) thresholds for advance notice to Congress of sales or upgrades of defense articles, design and construction services, and major defense equipment; (2) the requirement for advance notice to Congress of comprehensive export authorizations; (3) an exception to bilateral agreement requirements for transfers of defense items within Australia; (4) authorization of the President to to provide cataloging data and services to non-NATO countries; (5) Freedom Support Act permanent waiver authority; (6) extension of waivers of restrictions on assistance to Pakistan; (7) consolidation of reports on nuclear and missile nonproliferation in South Asia; (8) eligibility of Haiti for the purchase of defense articles and services for its Coast Guard; (9) the sense of Congress urging exemption from certain requirements for a bilateral agreement with the United Kingdom relating to exports to it of U.S. defense items; and (10) waiver of any licensing requirement for the transfer of marketing information for commercial communications satellites to a NATO-member country, Australia, New Zealand or Japan.

Title III: Radiological Terrorism Threat Reduction - Radiological Terrorism Threat Reduction Act of 2003 - (Sec. 304) Authorizes the Secretary to: (1) propose that the International Atomic Energy Agency (IAEA) conclude agreements with up to eight countries that would provide temporary secure storage for orphaned, unused, surplus, or other radioactive sources (other than special nuclear material, nuclear fuel, or spent nuclear fuel); and (2) make voluntary contributions to the IAEA for use by its Department of Nuclear Safety (DNS) to fund the U.S. share (which may be 100 percent) of the costs of activities associated with or under such agreements.

Declares that the National Environmental Policy Act of 1969 shall not apply with respect to any temporary secure storage facility constructed outside the United States under such an agreement, but any applicable environmental laws of the host country shall apply.

Authorizes appropriations for FY 2004.

(Sec. 305) Authorizes the Secretary to: (1) provide assistance, including through voluntary contributions to the IAEA, to support a program of the DNS Division of Radiation and Waste Safety to promote the discovery, inventory, and recovery of radioactive sources in IAEA member nations; and (2) assist the Government of the Russian Federation to substitute solar (or other non-nuclear) power sources for radioisotope thermal power units operated by it and by other independent states of the former Soviet Union in applications such as lighthouses in the Arctic, remote weather stations, and for providing electricity in remote locations. Authorizes appropriations for FY 2004.

(Sec. 307) Authorizes the Secretary to assist foreign countries, or to propose that the IAEA assist foreign countries, in the development of appropriate national radioactive material hazard response plans and the training of first responders. Authorizes appropriations for FY 2004.

(Sec. 308) Requires the Secretary to report to the appropriate congressional committees on: (1) the preparations made at U.S. diplomatic missions abroad to detect and mitigate a radiological attack on such missions and other U.S. facilities under the Secretary's control; (2) the Secretary's priorities for improving radiological security and consequence management at U.S. missions; and (3) the missions where such improvement is most important.

Title IV: Global Pathogen Surveillance - Global Pathogen Surveillance Act of 2003 - (Sec. 404) Declares that priority for U.S. assistance to eligible developing countries under this title shall be given to those countries that permit personnel from the World Health Organization (WHO) and the Centers for Disease Control and Prevention (CDCP) to: (1) investigate outbreaks of infectious diseases on their territories; (2) provide early notification of such outbreaks; and (3) provide pathogen surveillance data to appropriate U.S. departments and agencies in addition to international health organizations (including WHO and the Pan American Health Organization).

(Sec. 405) Prohibits to foreign nationals participating in programs authorized under this title any access to select agents that may be used as, or in, a biological weapon, except in a supervised and controlled setting.

(Sec. 406) Establishes a fellowship program under which the Secretary shall award fellowships to eligible nationals (including, on a case-by-case basis, U.S. citizens) to pursue specified public health education or training. Requires foreign recipients, upon completion of such education or training, to return to their countries of nationality or last habitual residence (if it is an eligible developing country) and complete at least four years of employment in a public health position in the government or a nongovernmental, not-for-profit entity in that country or, with the Secretary's approval, through service with an international health organization without geographic restriction.

(Sec. 407) Directs the Secretary to support short training courses in-country (not in the United States) for laboratory technicians and other public health personnel from eligible developing countries in laboratory techniques of: (1) identification, diagnosis, and tracking of pathogens responsible for possible infectious disease outbreaks; and (2) syndrome surveillance reporting and rapid analysis of syndrome information using Geographic Information System (GIS) and other Internet-based tools.

(Sec. 408) Authorizes the President to furnish assistance to eligible developing countries to purchase and maintain specified: (1) public health laboratory equipment; and (2) communications equipment and information technology necessary to collect, analyze, and transmit public health information effectively.

(Sec. 410) Authorizes a Federal agency head, upon specified request, to assign to a U.S. mission or organization any agency officer or employee occupying a public health position to enhance disease and pathogen surveillance efforts in developing countries.

(Sec. 411) Requires the CDCP and the Department of Defense each to: (1) increase the number of personnel assigned to their laboratories in eligible developing countries that conduct research and other activities with respect to infectious diseases; and (2) expand the operations of those laboratories, especially with respect to implementation of on-site training of foreign nationals and regional outreach efforts involving neighboring countries.

(Sec. 412) Authorizes the President to provide assistance to: (1) enhance the surveillance and reporting capabilities of WHO and existing regional health networks; and (2) develop new regional health networks.

Authorizes the Secretary of Health and Human Services to establish new country or regional Foreign Epidemiology Training Programs in eligible developing countries.

(Sec. 413) Authorizes appropriations for FY 2004.

Title V: Miscellaneous Provisions - Subtitle A: Elimination and Modification of Certain Reporting Requirements - (Sec. 501) Amends the Foreign Operations, Export Financing, and Related Programs Act, 1994 to repeal the requirement for an annual report on steps taken by the governments of Eurasia concerning violations of the territorial integrity or national sovereignty of other Eurasian states.

(Sec. 502) Authorizes the Secretary to consolidate annual reports on certain activities in Colombia with another annual report required by the Foreign Assistance Act.

(Sec. 503) Changes from changes from January 31 to March 1 the due date the annual report to Congress on foreign military training.

(Sec. 504) Amends the Commerce, Justice and State Appropriations Act, 1999 to combine two required annual human rights reports on the status of the Government of Haiti's investigations and prosecution of certain extrajudicial and political murders, the list of individuals implicated in those murders, and the list of aliens denied visas as a result of the legislation.

Subtitle B: Other Matters - (Sec. 511) Amends the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 to authorize the Secretary to exclude from consideration for the purposes of foreign assistance restrictions related to property expropriation certain U.S. citizen property claims against the Government of Nicaragua not filed within 120 days of a deadline to be set by the Secretary.

(Sec. 512) Amends the Arms Control and Disarmament Act to require the Verification and Compliance Bureau of the Department of State to provide compliance analysis of other formal commitments (in addition to arms control, nonproliferation, and disarmament agreements) under such Act. Revises requirements for annual reports on objectives and negotiations and on Chemical Weapons Convention compliance.

(Sec. 513) Requires the U.S. Agency for International Development (USAID) to report to Congress on the feasibility of opening a USAID mission in Sierra Leone. Authorizes funds to support education, poverty-reduction, and anti-corruption efforts in Sierra Leone in FY 2004.

(Sec. 514) Authorizes funds to support independent media in Ethiopia, including: (1) strengthening of the capacity of journalists; and (2) increasing their access to printing facilities.

(Sec. 515) Declares the sense of Congress that the United States should work to: (1) strengthen state capacity in Somalia; (2) curtail opportunities for terrorists and international criminals there; and (3) engage in small-scale human development initiatives. Requires the Secretary to report to a specified congressional committee on the strategy for engaging with pockets of competence in Somalia to strengthen local capacity and establish incentives for other communities to seek stability.

(Sec. 516) Declares the policy of the U.S. Government to support: (1) efforts aimed at accounting for the grave human rights abuses and crimes against humanity that have taken place since 1993 throughout the Central African States (the Democratic Republic of the Congo, Rwanda, Burundi, and Uganda); (2) programs to encourage reconciliation in communities affected by such crimes; and (3) efforts aimed at preventing such crimes in the future.

Authorizes funds for FY 2004 to support justice and reconciliation mechanisms in such countries.

(Sec. 517) Authorizes funds for FY 2004 for the Africa Contingency Operations Training and Assistance Program (ACOTA). Specifies criteria for eligible countries. Expresses the sense of Congress on local consultations prior to ACOTA implementation and monitoring of post-training performance and conduct of military units trained.

(Sec. 518) Conditions the release of any funds available for Indonesia in FY 2004 under the Foreign Military Financing program or the International Military Education and Training program (with the exception of funds under the expanded IMET program) on certification by the President that the Government of Indonesia and the Indonesian Armed Forces are taking effective measures to conduct an investigation of the attack on U.S. citizens in Indonesia on August 31, 2002, and to prosecute the individuals responsible for the attack.

(Sec. 519) Amends the State Department Basic Authorities Act of 1956 to make eligible for assistance from the Combat HIV/AIDS Globally Fund the Caribbean countries of Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica, Grenada, Jamaica, Montserrat, Saint Kitts and Nevis, Saint Vincent and the Grenadines, Saint Lucia, Suriname, Trinidad and Tobago, and the Dominican Republic.