IN THE SENATE OF THE UNITED STATES A BILL

Transcription

1 TH CONGRESS 1ST SESSION S. IN THE SENATE OF THE UNITED STATES Mr. LUGAR introduced the following bill; which was read twice and referred to the Committee on A BILL To authorize appropriations for the Department of State and international broadcasting activities for fiscal years 0 and 0, for foreign assistance programs for fiscal years 0 and 0, and for other purposes Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the Foreign Affairs Authorization Act, Fiscal Years 0 and 0. SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS. (a) DIVISIONS. This Act is organized into two divisions as follows:

2 tions. izations. 2 (1) DIVISION A. Foreign Relations Authoriza- (2) DIVISION B. Foreign Assistance Author- (b) TABLE OF CONTENTS. The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Definitions. DIVISION A FOREIGN RELATIONS AUTHORIZATIONS Sec. 0. Short title. TITLE I AUTHORIZATIONS OF APPROPRIATIONS Subtitle A Department of State Sec. 1. Administration of foreign affairs. Sec. 2. International organizations and conferences. Sec. 3. International commissions. Sec. 4. Migration and refugee assistance. Sec. 5. Centers and foundations. Sec.. Vietnam Fulbright Academic Exchange Program. Subtitle B United States International Broadcasting Activities Sec. 1. Authorization of appropriations. TITLE II DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES Sec. 1. Interference with protective functions. Sec. 2. Authority to issue administrative subpoenas. Sec. 3. Enhanced Department of State authority for uniformed security officers. Sec. 4. Grant authorities. Sec. 5. International Litigation Fund. Sec.. Retention of medical reimbursements. Sec.. Transfer authority for buying power maintenance account. Sec.. Accountability review boards. Sec.. Designation of Colin L. Powell Residential Plaza. Sec. 0. Removal of contracting prohibition. Sec. 1. American Institute in Taiwan facilities enhancement. Sec. 2. Extension of the advisory committee on cultural diplomacy. Sec. 3. Victims of crimes in foreign countries. TITLE III ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE Sec Education allowances.

3 3 Sec Official residence expenses. Sec Increased limits applicable to danger pay allowances. Sec Home leave. Sec Fellowship of Hope Program. Sec. 30. Security Officers Exchange Program. Sec. 30. Reemployment of annuitants. Sec. 30. Suspension of Foreign Service members without pay. Sec. 30. Separation of lowest-ranked Foreign Service members. Sec. 3. Clarification of Foreign Service Grievance Board procedures. Sec. 3. Repeal of requirement for recertification process for members of the Senior Foreign Service. Sec. 3. Deadline for issuance of regulations regarding retirement credit for government service performed abroad. Sec. 3. Worldwide availability. Sec. 3. Technical amendments to title 5 provisions on recruitment, relocation, and retention bonuses. Sec. 3. Limited appointments in the Foreign Service. Sec. 3. Personal service contractors. Sec. 3. Disclosure requirements applicable to proposed recipients of the personal rank of ambassador or minister. Sec. 3. Provision of living quarters and allowances to the United States representatives to the United Nations. TITLE IV INTERNATIONAL ORGANIZATIONS Sec Limitation on the United States share of assessments for United Nations peacekeeping operations. Sec REDI center. Sec Report to Congress on implementation of the Brahimi Report. TITLE V BROADCASTING BOARD OF GOVERNORS Sec Short title. Sec Middle East Broadcasting Networks. Sec Improving signal delivery to Cuba. Sec Extension of authority for Radio Free Asia. Sec Personal services contracting program. Sec. 50. Commonwealth of the Northern Mariana Islands education benefits. Sec. 50. Exemption from numerical limitations for temporary workers. TITLE VI CONSULAR AUTHORITIES Sec. 01. Technical amendments to Intelligence Reform and Terrorism Prevention Act of 04. TITLE VII RECONSTRUCTION AND STABILIZATION Sec. 01. Short title. Sec. 02. Finding; purpose. Sec. 03. Definitions. Sec. 04. Sense of Congress. Sec. 05. Authority to provide assistance for reconstruction and stabilization crises. Sec. 0. Office of Reconstruction and Stabilization. Sec. 0. Response Readiness Corps. Sec. 0. Stabilization and reconstruction training and education. Sec. 0. Service related to stabilization and reconstruction.

4 4 Sec.. Authorities related to personnel. Sec.. Authorization of appropriations. TITLE VIII MISCELLANEOUS PROVISIONS AND REPORTING REQUIREMENTS Sec. 01. Reports on acquisition and major security upgrades. Sec. 02. Fellowships for multidisciplinary training on nonproliferation issues. Sec. 03. Reporting requirements related to United States international agreements. Sec. 04. Requirement to submit to Congress findings under the Diplomatic Security Act. Sec. 05. Requirement for additional report concerning efforts to promote Israel s diplomatic relations with other countries. Sec. 0. Sense of Congress relating to Magen David Adom Society. Sec. 0. Limitation on use of funds relating to United States policy with respect to Jerusalem as the capital of Israel. DIVISION B FOREIGN ASSISTANCE AUTHORIZATIONS Sec. 01. Short title. TITLE XXI AUTHORIZATION OF APPROPRIATIONS Subtitle A Development Assistance and Related Programs Authorizations Sec. 01. Development assistance. Sec. 02. Child Survival and Health Programs Fund. Sec. 03. Development credit authority. Sec. 04. Program to provide technical assistance to foreign governments and foreign central banks of developing or transitional countries. Sec. 05. International organizations and programs. Sec. 0. Continued availability of certain funds withheld from international organizations. Sec. 0. International disaster and famine assistance. Sec. 0. Transition initiatives. Sec. 0. Assistance for the independent states of the former Soviet Union. Sec.. Assistance for Eastern Europe and the Baltic states. Sec.. Operating expenses of the United States Agency for International Development. Sec.. Capital investment funds for the United States Agency for International Development. Sec.. Millennium Challenge assistance. Sec.. Contributions to Heavily Indebted Poor Countries (HIPC) Trust Fund. Sec.. Peace Corps. Sec.. Middle East Partnership Initiative. Subtitle B Counternarcotics, Security Assistance, and Related Programs Authorizations Sec.. International narcotics control and law enforcement. Sec.. Economic Support Fund. Sec.. International military education and training. Sec.. Peacekeeping operations. Sec. 25. Nonproliferation, anti-terrorism, demining, and related assistance. Sec. 2. Foreign military financing program.

5 5 Subtitle C Independent Agencies Authorizations Sec. 31. Inter-American Foundation. Sec. 32. African Development Foundation. TITLE XXII AMENDMENTS TO GENERAL FOREIGN ASSISTANCE AUTHORITIES Subtitle A Foreign Assistance Act Amendments and Related Provisions Sec. 01. Development policy. Sec. 02. Assistance for nongovernmental organizations. Sec. 03. Authority for use of funds for unanticipated contingencies. Sec. 04. Authority to accept lethal excess property. Sec. 05. Reconstruction and famine assistance under international disaster assistance authority. Sec. 0. Funding authorities for assistance for the independent states of the former Soviet Union. Sec. 0. Waiver of net proceeds resulting from disposal of United States defense articles provided to a foreign country on a grant basis. Sec. 0. Additions to war reserve stockpiles for allies for fiscal years 0 and 0. Sec. 0. Restrictions on economic support funds for Lebanon. Sec.. Administration of justice. Sec.. Demining programs. Sec.. Special waiver authority. Sec.. Prohibition of assistance for countries in default. Sec.. Military coups. Sec.. Designation of position for which appointee is nominated. Sec.. Exceptions to requirement for congressional notification of program changes. Sec.. Commitments for expenditures of funds. Sec.. Alternative dispute resolution. Sec.. Administrative authorities. Sec.. Assistance for law enforcement forces. Sec.. Special debt relief for the poorest countries. Sec.. Congo Basin Forest Partnership. Sec.. Landmine clearance programs. Sec.. Middle East Foundation. Sec. 25. Database of United States military assistance. Sec. 2. Millennium Challenge assistance for certain countries. Subtitle B Arms Export Control Act Amendments and Related Provisions Sec. 31. Thresholds for advance notice to Congress of sales or upgrades of defense articles, design and construction services, and major defense equipment. Sec. 32. Clarification of requirement for advance notice to Congress of comprehensive export authorizations. Sec. 33. Authority to provide cataloging data and services to non-nato countries. Sec. 34. FREEDOM Support Act permanent waiver authority. Sec. 35. Extension of Pakistan waivers. Sec. 3. Consolidation of reports on nonproliferation in South Asia. Sec. 3. Haitian Coast Guard. TITLE XXIII RADIOLOGICAL TERRORISM SECURITY

6 Sec. 01. Short title. Sec. 02. Definitions. Sec. 03. Embassy threat assessment reports. Sec. 04. Foreign first responders. Sec. 05. Availability of funds. TITLE XXIV GLOBAL PATHOGEN SURVEILLANCE Sec. 01. Short title. Sec. 02. Findings; purpose. Sec. 03. Definitions. Sec. 04. Priority for certain countries. Sec. 05. Restriction. Sec. 0. Fellowship program. Sec. 0. In-country training in laboratory techniques and syndrome surveillance. Sec. 0. Assistance for the purchase and maintenance of public health laboratory equipment. Sec. 0. Assistance for improved communication of public health information. Sec.. Assignment of public health personnel to United States missions and international organizations. Sec.. Expansion of certain United States government laboratories abroad. Sec.. Assistance for regional health networks and expansion of foreign epidemiology training programs. Sec.. Authorization of appropriations. TITLE XXV REPORTING REQUIREMENTS AND OTHER MATTERS Subtitle A Elimination and Modification of Certain Reporting Requirements Sec Annual report on territorial integrity. Sec Annual reports on activities in Colombia. Sec Annual report on foreign military training. Sec Report on human rights in Haiti. Subtitle B Other Matters Sec. 25. Amendments to the Arms Control and Disarmament Act. Sec. 25. Annual compliance and noncompliance reports. Sec. 25. Support for independent media in Ethiopia. Sec. 25. Support for justice sector in Central African States and the African Union. Sec. 25. Support for Haiti. Sec. 25. Global Peace Operations Initiative. Sec. 25. Assistance to combat HIV/AIDS in certain countries of the Caribbean region. Sec. 25. Repeal of obsolete assistance authority. Sec. 25. Consolidation of certain submissions under the Afghanistan Freedom Support Act of 02. Sec. 25. Technical corrections. TITLE XXVI SAFE WATER Sec Short title. Sec Findings. Sec Water for health and development.

7 Sec Pilot program for water sustainability infrastructure development and capacity building. Sec Safe water strategy. Sec. 20. Authorization of appropriations SEC. 3. DEFINITIONS. In this Act: (1) APPROPRIATE CONGRESSIONAL COM- MITTEE. The term appropriate congressional committees means the Committee on Foreign Relations of the Senate and the Committee or International Relations of the House of Representatives. (2) SECRETARY. Except as otherwise provided, the term Secretary means the Secretary of State. DIVISION A FOREIGN RELATIONS AUTHORIZATIONS SEC. 0. SHORT TITLE. This division may be cited as the Foreign Relations Authorization Act, Fiscal Years 0 and 0. TITLE I AUTHORIZATIONS OF APPROPRIATIONS Subtitle A Department of State SEC. 1. ADMINISTRATION OF FOREIGN AFFAIRS. The following amounts are authorized to be appropriated for the Department of State under Administration of Foreign Affairs to carry out the authorities, functions, duties, and responsibilities in the conduct of foreign

8 1 affairs of the United States, and for other purposes au- 2 thorized by law: (1) DIPLOMATIC AND CONSULAR PROGRAMS. (A) AUTHORIZATION OF APPROPRIA- TIONS. For Diplomatic and Consular Programs, $4,42,41,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. (B) WORLDWIDE SECURITY UPGRADES. Of the amounts authorized to be appropriated by subparagraph (A), $,5,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0 are authorized to be made available for worldwide security upgrades. (2) CAPITAL INVESTMENT FUND. For Capital Investment Fund, $3,000,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. (3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE. For Embassy Security, Construction and Maintenance, $1,52,000,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. (4) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS. For Educational and Cultural Ex-

9 1 change Programs, $430,400,000 for fiscal year 2 0, and such sums as may be necessary for fiscal 3 year (5) REPRESENTATION ALLOWANCES. For Representation Allowances, $,21,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. () PROTECTION OF FOREIGN MISSIONS AND OFFICIALS. For Protection of Foreign Missions and Officials, $,30,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. () EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE. For Emergencies in the Diplomatic and Consular Service, $,43,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. () REPATRIATION LOANS. For Repatriation Loans, $1,3,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. () PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN. For Payment to the American Institute in Taiwan, $,51,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. () OFFICE OF THE INSPECTOR GENERAL. For Office of the Inspector General, $2,3,000

10 1 for fiscal year 0, and such sums as may be nec- 2 essary for fiscal year SEC. 2. INTERNATIONAL ORGANIZATIONS AND CON- FERENCES. (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS. There are authorized to be appropriated for Contributions to International Organizations, $1,2,500,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0 for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such purposes. (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE- KEEPING ACTIVITIES. (1) AUTHORIZATION OF APPROPRIATION. There are authorized to be appropriated for Contributions for International Peacekeeping Activities, $1,035,500,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0 for the Department of State to carry out the authorities, functions, duties, and responsibilities of the United States with respect to international peacekeeping ac-

11 1 tivities and to carry out other authorities in law con- 2 sistent with such purposes. 3 (2) AVAILABILITY OF FUNDS. Funds appro- 4 priated pursuant to paragraph (1) are authorized to 5 be available until expended. 25 (c) FOREIGN CURRENCY EXCHANGE RATES. (1) AUTHORIZATION OF APPROPRIATION. In addition to amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated for the Department of State such sums as may be necessary for fiscal years 0 and 0 to offset adverse fluctuations in foreign currency exchange rates. (2) AVAILABILITY OF FUNDS. Amounts appropriated under this subsection shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies to the appropriate congressional committees that such amounts are necessary due to such fluctuations. SEC. 3. INTERNATIONAL COMMISSIONS. The following amounts are authorized to be appropriated under International Commissions for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign

12 1 affairs of the United States with respect to international 2 commissions and for other purposes authorized by law: (1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO. For International Boundary and Water Commission, United States and Mexico (A) for Salaries and Expenses, $2,00,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0; and (B) for Construction, $,00,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. (2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA. For International Boundary Commission, United States and Canada, $1,42,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. (3) INTERNATIONAL JOINT COMMISSION. For International Joint Commission, $,3,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. (4) INTERNATIONAL FISHERIES COMMIS- SIONS. For International Fisheries Commissions,

13 1 $25,1,000 for fiscal year 0, and such sums as 2 may be necessary for fiscal year SEC. 4. MIGRATION AND REFUGEE ASSISTANCE. (a) IN GENERAL. There are authorized to be appropriated for Migration and Refugee Assistance for authorized activities, $2,0,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. (b) REFUGEES RESETTLING IN ISRAEL. Of the amount authorized to be appropriated under subsection (a), $40,000,000 is authorized to be made available for fiscal year 0 for the resettlement of refugees in Israel. (c) AVAILABILITY OF FUNDS. Funds appropriated pursuant to subsection (a) are authorized to be available until expended. SEC. 5. CENTERS AND FOUNDATIONS. (a) ASIA FOUNDATION. There are authorized to be appropriated for The Asia Foundation for authorized activities, $,000,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. (b) NATIONAL ENDOWMENT FOR DEMOCRACY. There are authorized to be appropriated for the National Endowment for Democracy for authorized activities, $0,000,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0.

14 (c) CENTER FOR CULTURAL AND TECHNICAL INTER- CHANGE BETWEEN EAST AND WEST. There are authorized to be appropriated for Center for Cultural and Technical Interchange Between East and West for authorized activities, $,0,000 for fiscal year 0, and such sums as may be necessary for fiscal year 0. SEC.. VIETNAM FULBRIGHT ACADEMIC EXCHANGE PRO- GRAM. Of the amount made available for Educational and Cultural Exchange Programs under section 1(4), $5,000,000 is authorized to be made available for each of fiscal years 0 and 0 to carry out the Vietnam scholarship program established by section of the Foreign Relations Authorization Act, Fiscal Years 2 and 3 (Public Law 2 ). Subtitle B United States International Broadcasting Activities SEC. 1. AUTHORIZATION OF APPROPRIATIONS. The following amounts are authorized to be appropriated to carry out United States Government international broadcasting activities under the United States Information and Educational Exchange Act of 4, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the United States International Broadcasting Act of 4, and the Foreign Affairs Re-

15 form and Restructuring Act of, and to carry out other authorities in law consistent with such purposes: (1) INTERNATIONAL BROADCASTING OPER- ATIONS. For International Broadcasting Operations, $41,050,000 for the fiscal year 0 and such sums as may be necessary for the fiscal year 0. (2) BROADCASTING CAPITAL IMPROVEMENTS. For Broadcasting Capital Improvements, $,3,000 for the fiscal year 0 and such sums as may be necessary for the fiscal year 0. TITLE II DEPARTMENT OF STATE AUTHORITIES AND AC- TIVITIES SEC. 1. INTERFERENCE WITH PROTECTIVE FUNCTIONS. (a) OFFENSE. Chapter of title, United States Code, is amended by adding at the end the following: 1. Interference with certain protective functions Whoever knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged, within the United States or the special maritime territorial jurisdiction of the United States, in the performance of the protective functions authorized by section 3 of the State Department Basic Authorities Act of 5 ( U.S.C. 20) or section 3 of the Diplomatic Secu-

16 1 rity Act ( U.S.C. 402) shall be fined under this title 2 or imprisoned not more than one year, or both.. 3 (b) CLERICAL AMENDMENT. The table of sections 4 at the beginning of such chapter is amended by adding 5 at the end the following new item: 1. Interference with certain protective functions.. 25 SEC. 2. AUTHORITY TO ISSUE ADMINISTRATIVE SUB- POENAS. Section 3 of the State Department Basic Authorities Act of 5 ( U.S.C. 20) is amended by adding at the end the following new subsection: (d) ADMINISTRATIVE SUBPOENAS. (1) IN GENERAL. If the Secretary of State determines that there is an imminent threat against a person, foreign mission, or international organization protected under the authority of subsection (a)(3), the Secretary may issue in writing, and cause to be served, a subpoena requiring (A) the production of any records or other items relevant to the threat; and (B) testimony by the custodian of the items required to be produced concerning the production and authenticity of those items. (2) REQUIREMENTS. (A) RETURN DATE. A subpoena under this subsection shall describe the items required

17 1 to be produced and shall specify a return date 2 within a reasonable period of time within which 3 the requested items may be assembled and 4 made available. The return date specified may 5 not be less than hours after service of the subpoena. 25 (B) NOTIFICATION TO ATTORNEY GEN- ERAL. As soon as practicable following the issuance of a subpoena under this subsection, the Secretary shall notify the Attorney General of its issuance. (C) OTHER REQUIREMENTS. The fol- lowing provisions of section 34 of title, United States Code, shall apply to the exercise of the authority of paragraph (1): (i) Paragraphs (4) through () of subsection (a). (ii) Subsections (b), (c), and (d). (3) DELEGATION OF AUTHORITY. The authority under this subsection may be delegated only to the Deputy Secretary of State. (4) ANNUAL REPORT. Not later than February 1 of each year, the Secretary of State shall submit to the Committee on Foreign Relations of the Senate and the Committee on International Re-

18 1 lations of the House of Representatives a report re- 2 garding the exercise of the authority under this sub- 3 section during the previous calendar year SEC. 3. ENHANCED DEPARTMENT OF STATE AUTHORITY FOR UNIFORMED SECURITY OFFICERS. The State Department Basic Authorities Act of 5 is amended by inserting after section 3 ( U.S.C. 20) the following new section: SEC. 3A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED STATES BY DESIGNATED LAW EN- FORCEMENT OFFICERS. (a) DESIGNATION OF LAW ENFORCEMENT OFFI- CERS. The Secretary of State may designate Department of State uniformed guards as law enforcement officers for duty in connection with the protection of buildings and areas within the United States for which the Department of State provides protective services, including duty in areas outside the property to the extent necessary to protect the property and persons on the property. (b) POWERS OF OFFICERS. While engaged in the performance of official duties as a law enforcement officer designated under subsection (a), an officer may (1) enforce Federal laws and regulations for the protection of persons and property; (2) carry firearms; and

19 1 (3) make arrests without warrant for any of- 2 fense against the United States committed in the of- 3 ficer s presence, or for any felony cognizable under 4 the laws of the United States if the officer has rea- 5 sonable grounds to believe that the person to be ar- rested has committed or is committing such felony in connection with the buildings and areas, or per- sons, for which the Department of State is providing protective services. (c) REGULATIONS. (1) The Secretary of State may prescribe regulations necessary for the administration of buildings and areas within the United States for which the Department of State provides protective services. The regulations may include reasonable penalties, within the limits prescribed in subsection (d), for violations of the regulations. (2) The Secretary shall consult with the Secretary of Homeland Security in prescribing the regulations under paragraph (1). (3) The regulations shall be posted and kept posted in a conspicuous place on the property. (d) PENALTIES. A person violating a regulation prescribed under subsection (c) shall be fined under title, United States Code, or imprisoned for not more than days, or both.

20 1 (e) TRAINING OFFICERS. The Secretary of State 2 may also designate firearms and explosives training offi- 3 cers as law enforcement officers under subsection (a) for 4 the limited purpose of safeguarding firearms, ammunition, 5 and explosives that are located at firearms and explosives training facilities approved by the Secretary or are in tran- sit between training facilities and Department of State weapons and munitions vaults. (f) ATTORNEY GENERAL APPROVAL. The powers granted to officers designated under this section shall be exercised in accordance with guidelines approved by the Attorney General. (g) RELATIONSHIP TO OTHER AUTHORITY. Noth- ing in this section shall be construed to affect the authority of the Secretary of Homeland Security, the Administrator of General Services, or any Federal law enforcement agency. (h) LAW ENFORCEMENT OFFICER STATUS. The use of the term law enforcement officer in this section shall not be construed to qualify a person so designated under this section as a law enforcement officer, as that term is defined in section 401() of title 5, United States Code, for purposes of chapter 4 of such title..

21 SEC. 4. GRANT AUTHORITIES. Title I of the State Department Basic Authorities Act of 5 ( U.S.C. 251a et seq.) is amended by adding at the end the following new section: SEC. 1. GRANT AUTHORITIES. The Secretary of State is authorized to support, by grants, cooperative agreements, or contract, the following activities: (1) Outreach and public diplomacy activities regarding the benefits of agricultural biotechnology, science-based regulatory systems, and the application of such technology for trade and development. (2) Training and technical assistance projects regarding protection of intellectual property rights.. SEC. 5. INTERNATIONAL LITIGATION FUND. Section 3(d)(3) of the State Department Basic Authorities Act of 5 ( U.S.C. 2(d)(3)) is amended (1) by inserting as a result of a decision of an international tribunal, after by the Department of State ; and (2) by inserting a comma after United States Government.

22 SEC.. RETENTION OF MEDICAL REIMBURSEMENTS. Section 04 of the Foreign Service Act of 0 (Public Law 45) ( U.S.C. 404) is amended by adding at the end the following new subsection: (g) Reimbursements paid to the Secretary of State for funding the costs of medical care abroad for employees and eligible family members shall be credited to the currently available applicable appropriation account. Such reimbursements shall be available for obligation and expenditure during the fiscal year in which they are received or for such longer period of time as may be provided in law.. SEC.. TRANSFER AUTHORITY FOR BUYING POWER MAINTENANCE ACCOUNT. Section (b)() of the State Department Basic Authorities Act of 5 ( U.S.C. 2(b)()) is amended by striking subparagraph (D). SEC.. ACCOUNTABILITY REVIEW BOARDS. Section 301(a) of the Diplomatic Security Act ( U.S.C. 431(a)) is amended (1) in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3) ; and (2) by adding at the end the following new paragraph: (3) FACILITIES IN AFGHANISTAN AND IRAQ. (A) LIMITED EXEMPTION FROM REQUIRE- MENT TO CONVENE BOARD. The Secretary of

23 State is not required to convene a Board in the case of an incident that (i) involves serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission in Afghanistan or Iraq; and (ii) occurs during the period beginning on July 1, 04, and ending on September 30, 0. (B) REPORTING REQUIREMENTS. In the case of an incident described in subparagraph (A), the Secretary shall (i) promptly notify the Committee on International Relations of the House of Representatives and the Committee on Foreign Relations of the Senate of the incident; (ii) conduct an inquiry of the incident; and (iii) upon completion of the inquiry required by clause (ii), submit to such committees a report on the findings and recommendations related to such inquiry and the actions taken with respect to such recommendations..

24 SEC.. DESIGNATION OF COLIN L. POWELL RESIDENTIAL PLAZA. (a) DESIGNATION. The Federal building in Kingston, Jamaica, formerly known as the Crowne Plaza and now a staff housing facility for the United States mission in Jamaica, shall be known and designated at the Colin L. Powell Residential Plaza. (b) REFERENCES. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Federal building referred to in subsection (a) shall be deemed to be a reference to the Colin L. Powell Residential Plaza. SEC. 0. REMOVAL OF CONTRACTING PROHIBITION. Section 40(c) of the Omnibus Diplomatic Security and Antiterrorism Act of (Public Law 3) is repealed. SEC. 1. AMERICAN INSTITUTE IN TAIWAN FACILITIES EN- HANCEMENT. Section 3(a) of the American Institute in Taiwan Facilities Enhancement Act (Public Law 2) is amended by striking the sum of $5,000,000 and inserting such sums as may be necessary.

25 SEC. 2. EXTENSION OF THE ADVISORY COMMITTEE ON CULTURAL DIPLOMACY. Section 4(j) of the Foreign Relations Authorization Act, Fiscal Year 03 ( U.S.C. 51 note) is amended by striking 05 and inserting 0. SEC. 3. VICTIMS OF CRIME IN FOREIGN COUNTRIES. (a) VICTIMS OF CRIME OFFICE. (1) ESTABLISHMENT. The Secretary shall establish the Victims of Crime Office within the Bureau of Consular Affairs of the Department. (2) DUTIES. The head of the Victims of Crime Office shall (A) compile a database of information regarding incidents of violent crime committed against nationals of the United States in a foreign country; (B) provide information and training to consular officers to assist such officers in addressing the needs of nationals of the United States who are victims of a violent crime in a foreign country; and (C) administer the assistance program authorized under subsection (b). (3) TIME FOR ESTABLISHMENT OF OFFICE. The Secretary shall complete the action required

26 2 1 under paragraph (1) not later than 0 days after 2 the enactment of this Act (b) ASSISTANCE FOR CRIME VICTIMS. (1) AUTHORITY TO PROVIDE ASSISTANCE. The Secretary is authorized to provide financial assistance from funds available under section 4 of the State Department Basic Authorities Act of 5 ( U.S.C. 21), to crime victims to address the needs of such victims. Such assistance may include funds for (A) advance payment of emergency services including medical and travel expenses; (B) travel to and from judicial proceedings; (C) the shipment of remains; and (D) repatriation of victims of domestic violence or child abuse. (2) NONDUPLICATION OF ASSISTANCE. A crime victim is not eligible for assistance under paragraph (1) to meet a need of such crime victim if the Secretary determines that such crime victim is eligible to receive assistance from any other source, including from a program of assistance of a State, to meet such need.

27 (3) OFFICE TO ADMINISTER PROGRAM. The Secretary shall carry out this subsection through the head of the Victims of Crime Office. (4) REGULATIONS. The Secretary shall prescribe such regulations as the Secretary determines necessary to administer the program of assistance to crime victims under paragraph (1). (5) AVAILABILITY OF EMERGENCY FUNDS. (A) IN GENERAL. Section 4(b)(2) of the State Department Basic Authorities Act of 5 ( U.S.C. 21(b)(2)) is amended by adding at the end the following new subparagraph: (K) assistance to crime victims under section 3 of the Foreign Relations Authorization Act, Fiscal Years 0 and 0.. (B) TECHNICAL AMENDMENTS. Such section is further amended (i) in subparagraph (I), by striking and at the end; and (ii) in subparagraph (J), by striking the period at the end and inserting ; and. (c) REPORT. Not later than one year after the date of the enactment of this Act, the Secretary shall report

28 2 1 to the appropriate congressional committees on the activi- 2 ties of the Victims of Crime Office. The report shall in- 3 clude information on 4 (1) the operation of such Office; 5 (2) the expenditure of any funds under sub- paragraph (K) of section 4(b)(2) of the State De- partment Basic Authorities Act of 5, as added by subsection (b); and (3) the recommendations of the Secretary, if any, for legislation that is necessary to improve the operation of such Office. (d) DEFINITIONS. In this section: (1) CRIME VICTIM. The term crime victim means a national of the United States who is a vic- tim of violent crime in a foreign country. 25 (2) NATIONAL OF THE UNITED STATES. The term national of the United States has the meaning given that term in section 1(a)() of the Immigration and Nationality Act ( U.S.C. 01(a)()). (3) STATE. The term State means each of the several States of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, the Virgin Islands, Guam, and American Samoa.

29 (4) VIOLENT CRIME. The term violent crime means the crimes of murder, non-negligent manslaughter, forcible rape, robbery, child abuse, domestic abuse, kidnaping, and aggravated assault, as defined by the Secretary. TITLE III ORGANIZATION AND PERSONNEL OF THE DEPART- MENT OF STATE SEC EDUCATION ALLOWANCES. Section 5(4) of title 5, United States Code, is amended (1) in the first sentence of subparagraph (A) (A) by inserting after Act) the following: and, in those cases in which educational trips are required for successful completion of a grade or course, the cost of such trips ; and (B) by striking nearest locality and inserting nearest United States locality ; (2) by striking subparagraph (B) and inserting the following: (B) The travel expenses of dependents of an employee to and from a school to obtain a secondary, post-secondary, or post-baccalaureate education, not to exceed 1 annual trip each way for each dependent, except that an al-

30 30 1 lowance payment under subparagraph (A) of 2 this paragraph may not be made for a depend- 3 ent during the months following the arrival 4 of the dependent at the selected educational in- 5 stitution under authority contained in this sub- paragraph. ; and (3) by adding at the end the following new sub- paragraph: (D) Allowances provided pursuant to sub- paragraphs (A) and (B) may include, at the election of the employee, payment or reimburse- ment of the costs incurred to store baggage for the employee s dependent at or in the vicinity of the dependent s school during one trip per year by the dependent between the school and the employee s duty station, except that such pay- ment or reimbursement may not exceed the cost that the Government would incur to transport the baggage with the dependent in connection with the trip, and such payment or reimburse- ment shall be in lieu of transportation of the baggage..

31 SEC OFFICIAL RESIDENCE EXPENSES. Section 5 of title 5, United States Code, is amended by adding at the end the following new subsection: (c) Funds made available under subsection (b) may be provided in advance to persons eligible to receive reimbursements.. SEC INCREASED LIMITS APPLICABLE TO DANGER PAY ALLOWANCES. Section 52 of title 5, United States Code, is amended (1) by striking 25 percent of the basic pay of the employee or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development the first place it appears and inserting 35 percent of the basic pay of the employee ; and (2) by striking 25 percent of the basic pay of the employee or 35 percent of the basic pay of the employee in the case of an employee of the United States Agency for International Development the second place it appears and inserting the maximum established rate for danger pay under this section. SEC HOME LEAVE. (a) ELIGIBILITY FOR TRAVEL AND RELATED EX- PENSES. Section 01() of the Foreign Service Act of

32 ( U.S.C. 401()) is amended by striking unbro- 2 ken by home leave each place that phrase occurs. 3 (b) LENGTH OF CONTINUOUS SERVICE ABROAD BE- 4 FORE REQUIRED LEAVE. Section 03(a) of the Foreign 5 Service Act of 0 ( U.S.C. 403(a)) is amended by striking months and inserting months. SEC FELLOWSHIP OF HOPE PROGRAM. (a) FELLOWSHIP AUTHORIZED. Chapter 5 of title I of the Foreign Service Act of 0 ( U.S.C. 31 et seq.) is amended by adding at the end the following new section: SEC. 50. FELLOWSHIP OF HOPE. (a) The Secretary is authorized to establish the Fellowship of Hope Program. Under the program, the Secretary may assign a member of the Service, for not more than one year, to a position with any designated country or designated entity that permits an employee to be assigned to a position with the Department. (b) The salary and benefits of a member of the Service shall be paid as described in subsection (b) of section 503 during a period in which such member is participating in the Fellowship of Hope Program. The salary and benefits of an employee of a designated country or designated entity participating in such program shall be paid by such

33 country or entity during the period in which such employee is participating in the program. (c) In this section: (1) The term designated country means a member country of tion; or (A) the North Atlantic Treaty Organiza- (B) the European Union. (2) The term designated entity means tion; or (A) the North Atlantic Treaty Organiza- (B) the European Union.. (b) TECHNICAL AND CONFORMING AMENDMENTS. Such Act is further amended (1) in section 503 ( U.S.C. 33) (A) in the section heading, by striking AND and inserting FOREIGN GOVERN- MENTS, OR ; and (B) in subsection (a)(1), by inserting after body the following:, or with a foreign gov- ernment under section 50 ; and (2) in section 2, in the table of contents (A) by striking the item relating to section 503 and inserting the following: Sec Assignments to agencies, international organizations, foreign governments, or other bodies. ;

34 and (B) by inserting after the item relating to section 505 the following: Sec. 50. Fellowship of Hope Program SEC. 30. SECURITY OFFICERS EXCHANGE PROGRAM. (a) AUTHORITY. Chapter 5 of title I of the Foreign Service Act of 0 ( U.S.C. 31 et seq.), as amended by section 30, is further amended by adding at the end the following new section: SEC. 50. SECURITY OFFICERS EXCHANGE. (a) The Secretary is authorized to establish the Security Officers Exchange Program. Under the program, the Secretary may assign a member of the service, for not more than a total of 3 years, to a position with the Government of Australia or the United Kingdom if such Government permits an employee of such Government to be assigned to a position with the Department. (b) The salary and benefits of the members of the service shall be paid as described in section 503(b) during a period in which such officer is participating in the Security Officers Exchange Program. The salary and benefits of an employee of the Government of Australia or the United Kingdom participating in such program shall be paid by such country during the period in which such employee is participating in the program..

35 (b) TECHNICAL AND CONFORMING AMENDMENTS. Such Act, as amended by section 30, is further amended (1) in section 503(a)(1) ( U.S.C. 33(a)(1)), by inserting or 50 after section 50 ; and (2) in section 2, in the table of contents, by inserting after the item relating to section 50 the following: Sec. 50. Security Officers Exchange Program.. SEC. 30. REEMPLOYMENT OF ANNUITANTS. (a) ADDITIONAL WAIVER OF ANNUITY LIMITATIONS FOR FOREIGN SERVICE ANNUITANTS. Section (g) of the Foreign Service Act of 0 ( U.S.C. 404(g)) is amended to read as follows: (g)(1) The Secretary of State may waive the application of subsections (a) through (d) on a case-by-case basis for an annuitant reemployed on a temporary basis (A) if, and for so long as, such waiver is necessary due to an emergency involving a direct threat to life or property or other unusual circumstances; or (B) if the annuitant is employed in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee.

36 3 1 (2) An annuitant for whom a waiver has been grant- 2 ed under paragraph (1) shall not be deemed to be a mem- 3 ber of the Service for purposes of this chapter. 4 (3) The authority of the Secretary of State under 5 paragraph (1)(B) to waive the application of subsections (a) through (d) shall expire on September 30, 0.. (b) REGULATIONS. The Secretary should prescribe regulations for the exercise of waiver authority under sec- tion (g) of the Foreign Service Act of 0 ( U.S.C. 404(b)), as amended by subsection (a), including criteria for the exercise or delegation of such authority. (c) REPORT TO CONGRESS. Not later than 1 year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the exercise of the waiver authori- ties provided under section (g) of the Foreign Service Act of 0 ( U.S.C. 404(g)), as amended by sub- section (a). The report shall include the number and type of positions that have been filled under such waiver au- thority, and the retirement date, former job title, and new job title of each annuitant reemployed under such author- ity.

37 SEC. 30. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY. (a) SUSPENSION. Section of the Foreign Service Act of 0 ( U.S.C. 40) is amended by adding at the end the following new subsection: (c)(1) The Secretary may suspend a member of the Service without pay when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed and there is a connection between the conduct and the efficiency of the Service. (2) Any member of the Service for which a suspension is proposed shall be entitled to (A) written notice stating the specific reasons for the proposed suspension; (B) a reasonable time to respond orally and in writing to the proposed suspension; (C) representation by an attorney or other representative; and (D) a final written decision, including the specific reasons for such decision, as soon as practicable. (3) Any member suspended under this section may file a grievance in accordance with the procedures applicable to grievances under chapter of this title.

38 3 1 (4) In the case of a grievance filed under 2 paragraph (3) 3 (A) the review by the Foreign Service 4 Grievance Board shall be limited to a deter- 5 mination of whether the reasonable cause re- quirement has been fulfilled and whether there is a connection between the conduct and the ef- ficiency of the Service; and (B) the Foreign Service Grievance Board may not exercise the authority provided under section 0(). (5) In this subsection: (A) The term reasonable time means (i) with respect to a member of the Service assigned to duty in the United States, at least days after receiving no- tice of the proposed suspension; and (ii) with respect to a member of the Service assigned to duty outside the United States, at least 30 days after re- ceiving notice of the proposed suspension. (B) The term suspend or suspension means the placing of a member of the Service in a temporary status without duties and pay.. 25 (b) CONFORMING AND CLERICAL AMENDMENTS.

39 3 1 (1) AMENDMENT OF SECTION HEADING. Such 2 section, as amended by subsection (a), is further 3 amended in the section heading by inserting ; SUS- 4 PENSION before the period at the end. 5 (2) CLERICAL AMENDMENT. The item relating to such section in the table of contents in section 2 of such Act is amended to read as follows: Sec.. Separation for cause; suspension.. SEC. 30. SEPARATION OF LOWEST-RANKED FOREIGN SERVICE MEMBERS. Section (b)(1) of the Foreign Relations Authorization Act, Fiscal Years and ( U.S.C. 40 note) is amended (1) by striking Not later than 0 days after the date of enactment of this Act, the and inserting The ; (2) by striking 5 percent and inserting 2 percent ; and (3) by striking for 2 or more of the 5 years preceding the date of enactment of this Act and inserting at least twice in any 5-year period. SEC. 3. CLARIFICATION OF FOREIGN SERVICE GRIEV- ANCE BOARD PROCEDURES. Section 0() of the Foreign Service Act of 0 ( U.S.C. 4()) is amended in the first sentence

40 40 1 (1) by inserting the involuntary separation of 2 the grievant (other than an involuntary separation 3 for cause under section (a)), after consid- 4 ering ; and 5 (2) by striking the grievant or and inserting the grievant, or. 25 SEC. 3. REPEAL OF REQUIREMENT FOR RECERTIFI- CATION PROCESS FOR MEMBERS OF THE SENIOR FOREIGN SERVICE. Section 305(d) of the Foreign Service Act of 0 ( U.S.C. 345(d)) is repealed. SEC. 3. DEADLINE FOR ISSUANCE OF REGULATIONS RE- GARDING RETIREMENT CREDIT FOR GOV- ERNMENT SERVICE PERFORMED ABROAD. Section 3(f) of the Foreign Relations Authorization Act, Fiscal Year 03 (5 U.S.C. 4 note) is amended by inserting, not later than 0 days after the date of the enactment of the Foreign Relations Authorization Act, Fiscal Years 0 and 0, after regulations. SEC. 3. WORLDWIDE AVAILABILITY. Section 301(b) of the Foreign Service Act of 0 ( U.S.C. 341(b)) is amended by inserting at the end At the time of entry into the Service, each member of the Service must be worldwide available, as determined by the Secretary of State through appropriate medical exami-

41 41 1 nations, unless the Secretary determines that a waiver of 2 the worldwide availability requirement is required to fulfill 3 a compelling Service need SEC. 3. TECHNICAL AMENDMENTS TO TITLE 5 PROVI- SIONS ON RECRUITMENT, RELOCATION, AND RETENTION BONUSES. (a) RECRUITMENT AND RELOCATION BONUSES. Section 553(a)(2)(A) of title 5, United States Code, is amended by inserting after a position the following,, other than as a member of the Foreign Service,. (b) RETENTION ALLOWANCES. Section 554(a)(2)(A) of title 5, United States Code, is amended by inserting after a position the following, other than as a member of the Foreign Service,. SEC. 3. LIMITED APPOINTMENTS IN THE FOREIGN SERV- ICE. Section 30 of the Foreign Service Act of 0 ( U.S.C. 34) is amended (1) by adding at the end the following new subsection: (c)(1) Non-career specialist employees who have served five consecutive years under a limited appointment may be reappointed to a subsequent limited appointment, provided that there is a one-year break in service between each appointment.

42 42 1 (2) The requirement for a one-year break in service 2 may be waived by the Secretary of State in cases of special 3 need. ; 4 (2) in subsection (a), by striking subsection 5 (b) and inserting subsections (b) and (c) ; and (3) in subsection (b) (A) by amending paragraph (3) to read as follows: (3) as a career candidate if (A) continued service is determined appro- priate to remedy a matter that would be cognizable as a grievance under chapter ; or (B) the career candidate is called to military active duty under chapter 43 of title 3, United States Code, and the limited appointment expires in the course of such military active duty; ; (B) in paragraph (4), by striking and after the semicolon; (C) in paragraph (5), by striking the pe- riod at the end and inserting ; and ; and (D) by adding at the end the following new paragraph: () in exceptional circumstances when the Sec- retary determines the needs of the Service require 25 the extension of a limited appointment

43 43 1 (A) for a period of time not to exceed 2 months provided such period of time does not 3 permit additional review by the boards under 4 section 30; or 5 (B) in order to settle a grievance, claim, or complaint not otherwise provided for in this section.. 25 SEC. 3. PERSONAL SERVICE CONTRACTORS. (a) IN GENERAL. Subject to the conditions in subsection (b), the Inspector General of the Department of State may establish a demonstration program (in this section referred to as the program ) for the purpose of hiring as personal services contractors nationals of the United States (as defined in section 1(a)() of the Immigration and Nationality Act ( U.S.C. 01(a)()) or aliens authorized to be employed in the United States, without regard to civil service and classification laws, to provide services to the Office of the Inspector General of the Department of State to respond to new or emerging needs or to augment current services. (b) CONDITIONS. The authority under subsection (a) is subject to the following conditions: (1) The Inspector General of the Department of State determines that existing personnel resources are insufficient.

44 44 1 (2) The contract length for a personal service 2 contractor, including options, may not exceed 2 3 years, unless the Inspector General of the Depart- 4 ment of States makes a finding that exceptional cir- 5 cumstances justify an extension of up to one addi- tional year. (3) Not more than a total of individuals may be employed at any one time as personal services contractors under the program. (c) TERMINATION OF AUTHORITY. The authority to award personal services contracts under this section shall terminate on December 31, 0. A contract entered into prior to the termination date under this subsection may remain in effect until not later than June 30, 0. (d) OTHER AUTHORITIES NOT AFFECTED. The au- thority provided in this section is in addition to any other authority of the Inspector General of the Department of State to hire personal service contractors. 25 SEC. 3. DISCLOSURE REQUIREMENTS APPLICABLE TO PROPOSED RECIPIENTS OF THE PERSONAL RANK OF AMBASSADOR OR MINISTER. Section 302(a)(2)(B)(ii)(IV) of the Foreign Service Act of 0 ( U.S.C. 342(a)(2)(B)(ii)(IV)) is amended by inserting before the period at the end the following:, including information that is required to be disclosed