Fiscal
Year 2003 Security Assistance Legislation and Funding Allocations
By
Kenneth W.
Martin
Defense
Institute of Security Assistance Management
Introduction
Each year, the DISAM Journal
publishes a summary and analysis of the legislation that impacts
Because
of the continuing political and military efforts for the global war on
terrorism (GWOT) and peace in the
Eight
(8) continuing resolutions (CRs) were necessary for
continued federal government operations at the beginning of FY2003. The final one, P.L. 108-5,
Items
of significance within the Foreign
Operations, Export Financing, and Related Programs, Division E, P.L. 108-7,
·
With
Foreign Military Financing Program (FMFP) funding for FY2003 remaining
essentially unchanged from FY2002, the ever-popular International Military Education and Training (IMET) program
continues its growth realizing a fourteen (14) percent increase of $9,480,000
after rescission over prior year funding.
·
Showing
a continued interest in DoDs overhaul of the
Informational Program (IP), Congress directed that FMFP, IMET, or ESF funding
may not be used for entertainment expenses of a substantially recreational
character to include for the first time “theatrical
and musical productions.”
·
At
the Administration’s request, authorized for up to $93,000,000 in FMFP for
·
There
will be no FY2003 funding for assistance to the
|
Fiscal Year 2003 Security Assistance Funding |
|
including Rescissions |
|
(in millions) |
|
|
|
Program FY2002 Request
House Senate FY2003 |
|
|
|
FMFP $4,052.000 $4,107.200 $4,080.200 $4,072.000 $4,045.532 |
|
IMET 70.000 80.000 80.000 80.000 79.480 |
|
ESF 3,289.000 2,490.000 2,445.000 2,260.000 2,280.082 |
|
PKO 375.000 108.250
125.000 120.250 114.252 |
|
Total $7,786.000 $6,785.450 $6,730.200 $6,532.250 $6,519.346 |
By far, the most significant changes for security assistance were
provided by the Security Assistance Act of
2002, Division B, P.L. 107-228,
·
Before
the issuing of an export license for the commercial sale of USML, Category I, small arms, valued $1,000,000 or more,
an advance 36(c) congressional notification is required.
·
·
Requirement
for an annual report of past IMET
participants in violation of human rights reported under the Section
116(d), FAA, Country Reports on Human Rights
Practices.
·
Requirement
for an annual report listing significant military equipment (SME) that are
believed likely to become available for transfer as excess defense articles (EDA) during the year.
·
Expanding
the five-year limit for a lease to
also include any period requiring more than six (6) months that is necessary
for major refurbishment prior to delivery.
·
The Philippines is now included along with the major
non-NATO allied group of countries on the southern and southeastern flank of
NATO to receive priority for the delivery of grant EDA.
·
Requirement
of a briefing to Congress every 180 days regarding security assistance for
·
Authorized
appropriations specifically for the Directorate
of Defense Trade Controls (PM/DDTC) for expenses for licensing of USML
exports and to fully automate the Defense Trade Application System (DTAS). A secure, Internet-based system is to be
developed for the filing and tracking by
·
Provides
for criminal and civil penalties for those who fail to file or file misleading
information through the Shippers Export
Declaration (SED) or the Automated Export System (AES).
·
Essentially
doubles the dollar threshold value of
advance congressional notifications for third country transfers, FMS sales,
enhancements or upgrades, DCS sales, and leases to NATO countries,
·
Items
may not be removed from the USML until
thirty (30) days after notification to Congress.
·
Still
requires the development and submission of a national security assistance strategy.
·
Authorizes
the transfer of fourteen (14) U.S. Navy ships.
The
The
2002 Supplemental Appropriations Act for Further
Recovery from and Response to Terrorist Attacks on the United States, P.L.
107-206, 2 August 2002, has two (2) items of security assistance interest.
·
The
following FY2002 security assistance
programs received additional funding:
$465,000,000 for ESF, $357,000,000 for FMFP, and $20,000,000 for PKO.
·
Effective
1 July 2003, no military assistance will be provided to a country that is party
to the International Criminal Court unless the country signs a Court Article 98 agreement for a waiver
providing immunity to and consenting to not to surrender any U.S. Government
military or civilian personnel to the Court.
NATO countries, major non-NATO countries, and
The
Gerald B.H. Solomon Freedom Consolidation
Act of 2002, P.L. 107-187, 10 June 2002, reaffirms Congressional
endorsement of additional Eastern and Central European being invited to be
members of the NATO organization and designates Slovakia as being eligible for priority in delivery of grant EDA
along with previously legislated eligible Poland, Hungary, Czech Republic,
Slovenia, Romania, Estonia, Latvia, Lithuania, and Bulgaria.
Both
Houses acted immediately to the President’s emergency supplemental request of
$75,000,000,000 in appropriations for FY2003 for GWOT, Operation Iraqi Freedom,
the reconstruction of Iraqi, and additional security assistance funding and
authorities for countries affected by both wars. H.Rpt 108-55 of
·
For
DoD expenses in the GWOT and military operations in Iraq, the Iraq Freedom Fund
is established with an appropriation of $15,678,900,000 of which up to
$25,000,000 to be available for counter-terrorism military training activities for foreign governments to include
equipment, supplies, and services.
·
$165,000,000
is appropriated to reimburse DoD for the value
of drawdown support authorized by Section 202(b) of the Afghanistan Freedom Support Act of 2002,
P.L. 107-327,
·
$63,500,000
of appropriated DoD funding may be used to reimburse
the value of drawdown support authorized by Section 4(a)(2)
of the Iraq Liberation Act of 1998,
P.L. 105-338,
·
Up
to $1,400,000,000 transferred from the new Iraq Freedom Fund to “Operation and
Maintenance, Defense-Wide” may be used for payments to reimburse Pakistan, Jordan, and other key cooperating
nations for logistical and military support provided to U.S. military
operations in connection with military operations in Iraq and the GWOT.
·
For
FY2003 only, authorizes an increase in Imminent Danger Special Pay to $225
(vice $150) and Family Separation Allowance to $250 (vice $100).
·
Appropriates
$2,475,000,000 for humanitarian assistance, rehabilitation, and reconstruction
in
·
Appropriates
an additional $2,422,000,000 in grant ESF funding to include: not less than $700,000,000 for Jordan, $300,000,000 shall be available
for Egypt, not to exceed
$1,000,000,000 for Turkey, not less than
$30,000,000 for the Philippines, not
less than $167,000,000 for Afghanistan,
and $10,000,000 should be available for investigates and research into
allegations of war crimes, crimes
against humanity, or genocide committed by Saddam Hussein or other Iraqis.
·
During
the period
·
Appropriates
an additional $2,059,100,000 in grant FMFP funding to include: not less than
$406,000,000 for
·
No
additional IMET funding is appropriated; however, an additional $100,000,000 is
appropriated for PKO.
·
The
President is authorized to suspend the application of any provision of the
·
Because
of the closing press deadline for this edition of the Journal and no report for
the allocation of this additional funding yet made available, no further
discussion or final funding allocation for this new supplemental can be
provided.
A
more detailed account of the provisions of legislation enacted later in FY2002
and for FY2003 that is of interest to the security assistance community now
follows.
Reference Sources
The following abbreviated titles will assist in identifying
principal sources of information used in this article:
·
FAA: Foreign
Assistance Act of 1961, as amended, Public Law (P.L.) 87-195,
·
AECA: Arms
Export Control Act, as amended, P.L. 94-329,
·
P.L.
107-38: 2001 Emergency Supplemental Appropriations Act for Recovery from and
Response to Terrorist Attacks on the
·
P.L.
107-57: An Act to Authorize the President
to Exercise Waivers for Foreign Assistance Restrictions with Respect to
Pakistan through September 30, 2003, and for Other Purposes, P.L.
107-107-57, 27 October 2001.
·
P.L.
107-115: Kenneth M. Ludden Foreign Operations, Export
Financing, and Related Programs Appropriations Act, Fiscal Year 2002, P.L.
107-115, 10 January 2002.
·
P.L.
107-117: Department of Defense and Emergency Supplemental Appropriations for
Recovery from and Response to Terrorist Attacks on the United States Act, 2002,
P.L. 107-117, 10 January 2002.
·
P.L.
107-187: Gerald B.H. Solomon Consolidation Act of 2002, P.L. 107-187,
·
P.L.
107-206: 2002 Supplemental Appropriations Act for Further Recovery from and
Response to Terrorist Attacks on the United States, P.L. 107-206, 2 August
2002.
·
P.L.
107-206: American Service-Members’ Protection Act of 2002, Title II, P.L.
107-206,
·
P.L.
107-228: Foreign Relations Authorization Act, Fiscal Year 2003, P.L.
107-228,
·
P.L.
107-228: Department of State Authorization Act, Fiscal Year 2003, Division A, P.L. 107-228,
·
P.L.
107-228: Security Assistance Act of 2002, Division B, P.L. 107-228,
·
P.L.
107-248: Department of Defense Appropriations Act, 2003, P.L. 107-248,
·
P.L.
107-314: Bob Stump National Defense Authorization Act for Fiscal Year 2003,
P.L. 107-314,
·
P.L.
107-327:
·
P.L.
108-7: Consolidated Appropriations Resolution, 2003, P.L. 108-7,
·
P.L.
108-7: Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2003, Division E, P.L. 108-7,
·
P.L.
108-11, Emergency Wartime Supplemental
Appropriations Act, 2003, P.L. 108-11,
Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 2003, Division E, P.L. 108-7,
·
Enacted
as Division E of the Consolidated
Appropriations Resolution, 2003, P.L. 108-7,
·
H.J.
Res 2 was originally introduced in the House of the
newly convened 108th Congress on
·
However,
Division N, Title VI, Section 601, of the same P.L. 108-7 directed an across-the-board
rescission (reduction) of any discretionary account within any FY2003
appropriations act by .65 percent.
Certain few non-State, Defense, and foreign assistance appropriations
were exempted from this rescission. For
security assistance, this amounted to an overall rescission of
$42,654,000. As also indicated in Table
One, the reduction resulted in the final security assistance appropriations
figure of $6,519,346,000.
Table One
FY2003 Security Assistance Appropriations
and Rescissions
Program Initial Appropriation
Rescission Final
Appropriation
FMFP
$4,072,000,000
$26,468,000
$4,045,532,000
IMET 80,000,000 520,000 79,480,000
ESF 2,295,000,000 14,918,000 2,280,082,000
PKO 115,000,000 748,000 114,252,000
Total $6,562,000,000 $42,654,000 $6,519,346,000
Title III, Military Assistance, Foreign
Military Financing Program (FMFP)
·
Initially
appropriated $4,072,000,000 as FMFP grant assistance to carry out provisions of
Section 23, AECA. For FY2003 FMFP, the mandated
.65 percent rescission amounted to $26,468,000 reducing the total grant program
for the year to $4,045,532,000. This new
total is in addition to the large FMFP direct loan separately authorized for
·
P.L.
107-240, 11 October 2002, was the third continuing resolution (H.J. Res 122) for the yet to be enacted thirteen appropriations
required for the fiscal year, by extending spending authorities until 18
October 2002.
·
Section
128 of P.L. 107-240 was most significant for
·
As
noted in Table Two, the FMFP funding originally requested by the Administration
was for $4,107,200,000. The initial
appropriation, before the rescission, was the Senate proposal of
$4,072,000,000. The House proposal was
$4,080,200,000.
Table Two
(in millions)
Foreign Military Financing Program (FMFP)
FY2003 Appropriation
FY2002 Administration House Senate FY2003
$4,052.000 $4,107.200 $4,080.200 $4,072.000 $4,045.532
Notes: The FY2002 total includes the initial
appropriation by P.L. 107-115, the 2001 ERF appropriation by P.L. 107-38, and
the 2002 Supplemental appropriation by P.L. 107-206. The FY2003 total includes the .65 percent
rescission.
·
The
initial FMFP appropriation by P.L. 107-115 for FY2002 was $3,650,000,000 with
two global-war-on-terrorism (GWOT) supplemental appropriations. These two supplementals
for FMFP included $45,000,000 by the 2001 Emergency Response Fund (ERF)
authorized by P.L. 107-38,
·
The
two legislated “earmarks” for FY2003 FMFP grant appropriations include:
·
Not
less than $2,100,000,000 for
·
This
is the fifth year of a ten-year plan in which Israel’s FMFP assistance is to
increase by $60,000,000 annually to coincide with an annual decrease of
$120,000,000 in Economic Support Fund (ESF) grant assistance towards achieving
the Government of Israel’s ten (10) year goal of receiving no ESF assistance
(beginning in FY2009) from the U.S.
·
As
in prior years, to the extent Israel requests that funds be used for such
purposes, funds made available to Israel shall, as agreed by Israel and the
U.S., be available for advanced weapons systems, of which not less than
$550,000,000 shall be available for the procurement in Israel of defense
articles and services to include research and development. This new value is $15,000,000 greater than
authorized last fiscal year.
·
Not
less than $1,300,000,000 for
·
Any
funds estimated to be outlayed for
·
Total
earmarked funding within the FMFP heading for FY2003 is $3,400,000,000 or 84
percent of the total appropriated leaving a recently unprecedented $645,532,000
for other programs.
·
The
conference report noted that the final legislation did not include the Senate
language for an earmark of $198,000,000 for
·
The
conference report also noted that the final legislation did not include the
Senate language for an earmark of $3,000,000 for
·
Though
not legislated, the conference managers endorsed the Senate language for
continued support of counterterrorism operations in the southern
·
The
Philippines was to receive a supplemental $30,000,000 in FMFP appropriated by
the 2002 GWOT-related supplemental P.L. 107-206, 2 August 2002, but the wording
of the legislation required the presidential determination to Congress that the
funding is to be an emergency requirement as defined by the Balanced Budget and Emergency Deficit
Control Act of 1985 which did not take place. Not being linked to the requirement for a
presidential determination, this same appropriation did, however, provide a
FMFP supplemental of $25,000,000 to the
·
While
not in the conference report, both the Senate and the House reports endorse
funding assistance for
·
Also
not in the conference report, both the Senate and the House reports endorse $5,000,000
and $6,000,000, respectively, in FMFP funding for Malta to purchase additional coastal patrol boats and other
military assistance because of Malta’s central Mediterranean location and its
“crucial role in the interdiction of drug trafficking, illegal weapons
shipments, and other smuggling activities.”
The Senate also noted
·
Legislated
“ceilings” for the FMFP grant appropriations include:
·
Up
to $93,000,000 may be transferred to and merged with funds appropriated under
the heading “Andean Counterdrug Initiative” for
helicopters, training, and other assistance for the Colombian Armed Forces for security for the Cano Limon
pipeline. The conference report
indicated the Senate proposed $88,000,000 for the same heading while the House
proposed $98,000,000 for the heading “International Narcotics Control and Law
Enforcement (INCLE).”
·
Not
more than $38,000,000 may be obligated for necessary expenses for the general
costs of administering military assistance and sales to include the purchase of
passenger motor vehicles for replacement only for use outside the
·
Not
more than $356,000,000 of the non-appropriated FMS administrative budget (Admin
Fund) may be obligated for expenses incurred by the Department of Defense
during FY2003. This is to support
administrative expenses of security assistance organizations (SAOs), agencies,
military departments, etc. related to the implementation of foreign military
sales (FMS). This account is funded by
surcharges which are added to all FMS cases in order to recover
·
As
in prior years, no FY2003 FMFP funding shall be available for assistance for
·
FY2003
FMFP funding may be used for demining, the clearance of unexploded ordnance, and related activities,
and may include activities implemented through nongovernmental and
international organizations.
·
The
conference report endorses the Senate report language commending the
Administration’s efforts to improve the transparency and accessibility of the
FY2001/2002 Foreign Military Training
Report required annually by Section 656, FAA, and the then applicable
Section 564, P.L. 107-115. The
appropriations committees expect to be consulted if the Administration
anticipates making significant changes in its format or content. The conference report also indicates
expectation of including information on training activities by civilian
contractors.
·
Table
Three provides the FY2003 FMFP allocations which were notified to Congress on
Table Three
Foreign Military Financing Program (FMFP)
FY2003 Funding Allocations
(in millions)
FY2002 FY2003 FY2003
Country/Program by FMFP Budget FMFP
Geographical Region Funding Request Funding
NEAR EAST
Subtotal – Near East $3,520.50 $3,630.000 $3,607.100
Fed Rep of
Subtotal –
WESTERN HEMISPHERE
Eastern
Subtotal – Western $11.700 $115.000 $110.290
Hemisphere
Military
Health Affairs 0.000 2.000 1.990
Subtotal –
THE PACIFIC
Subtotal –
the Pacific
Subtotal –
GLOBAL
DSCA Admin
Costs SUP $2.000 $ 0.000 $ 0.000
Enhanced
International
Peacekeeping
Capabilities (EIPC) 4.000 4.000 3.950
FMFP Admin
Costs 35.000 37.000 36.762
Policy
Initiatives 0.000 6.000 0.000
Subtotal – Global $41.000 $47.000 $40.712
TOTAL FMFP
ALLOCATED $4,052.000 $4,107.200 $4,045.532
Rescission
(.65 percent) $
0.000 $ 0.000 $26.468
TOTAL FMFP
APPROPRIATED $4,052.000 $4,107.2000 $4,072.000
Notes:
ERF –
Emergency Response Fund authorized by P.L. 107-38, 18 Sep 01.
SUP –
Supplemental Appropriations authorized by P.L. 107-206, 2 Aug 02.
Military
Health Affairs – Funding for medical equipment and supplies for training and
education programs in African partner country militaries for HIV/AIDS
prevention.
Title III, Military Assistance,
International Military Education and Training (IMET)
·
Initially
appropriated $80,000,000 as IMET grant assistance to carry out the provisions of
Section 541, FAA, of which $3,000,000 may remain available until expended. For FY2003 IMET, the mandated .65 percent
rescission amounted to $520,000 reducing the total grant program for the year
to $79,480,000.
·
As
noted in Table Four, the IMET funding originally requested by the
Administration, proposed by both Houses, and initially appropriated was
$80,000,000. The initial appropriation
was $10,000,000 greater than the FY2002 appropriation. However, the rescission reduced the final
appropriation to $79,480,000.
Table Four
International Military Education and
Training (IMET) FY2003 Appropriation
FY2002 Administration House Senate FY2003
$70,000,000 $80,000,000 $80,000,000 $80,000,000 $79,480,000
Note: The FY2003 total includes the .65 percent
rescission.
·
Civilian
personnel for whom IMET funding may be provided may include civilians who are
not members of a government whose participation would contribute to improved
civil-military relations, civilian control of the military, or respect for
human rights.
·
IMET
funding for
·
The
conference agreement does not include proposed Senate language that would have
prohibited funds for travel or other purposes that do not directly expose the
international participants to government officials or institutions or to other
individuals or organizations engaged in activities involving public policy. However, the conference managers are aware
that the Department of Defense (DoD) is in the process
of issuing revised guidance on the Informational Program (IP) to address these
issues. The managers request that DoD maintain its consultations with the committees on this
new guidance.
·
Likewise,
the conference agreement does not include the Senate provision directing DoD to maintain a record of students that complete the IMET
program for at least six (6) years after graduation. The conference managers note that the Office
of Management and Budget (OMB) has already identified shortcomings in
procedures to evaluate the performance of the IMET program. Section 581 of this Act provides for the
Secretary of State, in consultation with the Secretary of Defense, to submit a
progress report to the Committees on Appropriations not later than 30 June 2003
regarding the improvement in performance evaluation procedures for the IMET
program and progress in implementing Section 548, FAA, which in 2000 (P.L.
106-280) required the establishment of a database containing records of IMET
students receiving IMET-funded assistance after 31 December 2000.
·
Though
not in the conference report, the Senate Appropriations Committee report
language directs the Department of State, in conjunction with the Department of
Defense, to provide a report not later than 120 days after enactment of this
Act containing the number of civilians from nongovernmental organizations which
participated in the FY2002 IMET program.
The report should also contain the professional backgrounds of these
participants, their nationalities, and the type of IMET program in which they
participated.
·
Table
Five provides the FY2003 IMET allocations which were notified to Congress on
Table Five
International Military Education and
Training (IMET)
FY2003 Funding Allocations
(in thousands)
FY2002 FY2003 FY2003
Country/Program by IMET Budget IMET
Geographical Region Funding Request Funding
NEAR EAST
Jordan 2,012 2,400 2,400
Subtotal – Near East $7,306 $9,725 $9,725
Bosnia-Herzegovina 800 900 900
Fed Rep of
Subtotal –
and
WESTERN HEMISPHERE
Eastern
Subtotal – Western $12,821 $13,670 $13,870
Hemisphere
Democratic
ECOWAS 00 50 50
Lesotho 96 100 100
Republic
of the
Subtotal –
THE PACIFIC
Philippines 2,025 2,400 2,400
Solomon
Islands 146 150 150
Vanuatu 95 100 100
Subtotal –
the Pacific
Subtotal –
GLOBAL
E-IMET
Schools $2,600 $1,800 $1,800
General
Costs 395 500 200
Subtotal – Global $2,995 $2,300 $2,000
TOTAL IMET ALLOCATED $70,000 $80,000 $79,480
Rescission
(.65 percent) $ 00 $ 00 $520
TOTAL IMET APPROPRIATED $70,000 $80,000 $80,000
Note:
ECOWAS –
Economic Community of West African States
Title II, Other Bilateral Economic
Assistance, Economic Support Fund (ESF)
·
Initially
appropriated $2,295,000,000 as ESF grant assistance, to remain available until
·
As
noted in Table Six, the ESF funding originally requested by the Administration
was $2,490,000,000. The House and Senate
proposals were $2,445,000,000 and $2,260,000,000, respectively. The initial appropriation, before the
rescission, was $2,295,000,000.
Table Six
(in millions)
Economic Support Fund (ESF) FY2003
Appropriation
FY2002 Administration House Senate FY2003
$3,289.000 $2,490.000
$2,445.000
$2,260.000 $2,280.082
Notes: The FY2002 total includes the initial
appropriation by P.L. 107-115, 2001 ERF appropriation by P.L. 107-38, and the
2002 Supplemental appropriation by P.L. 107-206. The FY2003 total includes the .65 percent
rescission.
·
The
initial ESF appropriation by P.L. 107-115 for FY2002 was $2,224,000,000 with
two global-war-on-terrorism (GWOT) supplemental appropriations. These two supplementals
for ESF included $600,000,000 by the 2001 Emergency Response Fund (ERF)
authorized by P.L. 107-38,
·
The
seven (7) legislated “earmarks” for FY2003 ESF grant appropriations include:
·
Not
less than $600,000,000 for
·
As
in previous years, in exercising the authority for the cash transfer, the
President shall ensure that the level of assistance does not cause an adverse
effect on the total level of nonmilitary exports from the U.S. to Israel, and
that Israel enters into a side letter agreement in an amount proportional to
the FY1999 agreement.
·
As
previously noted in the Israeli FMFP discussion, this is the fifth year of a
ten-year plan in which Israel’s FMFP assistance is to increase by $60,000,000
annually to coincide with an annual decrease of $120,000,000 in ESF assistance
towards achieving the Government of Israel’s ten (10) year goal of receiving no
ESF assistance (beginning in FY2009) from the U.S.
·
·
The
conference agreement does not include the House proposal for an additional
$200,000,000 in funding for
·
Israel
was to receive a supplemental $200,000,000 in ESF appropriated by the 2002
GWOT-related supplemental P.L. 107-206, 2 August 2002, but the wording of the
legislation required the presidential determination to Congress that the
funding is to be an emergency requirement as defined by the Balanced Budget and Emergency Deficit
Control Act of 1985 which did not take place.
·
Not
less than $615,000,000 for Egypt of
which sum cash transfer assistance shall be provided with the understanding
that Egypt will undertake significant economic reforms which were undertaken in
previous fiscal years, and of which not less than $200,000,000 shall be
provided as Commodity Import Program assistance.
·
·
Recognizing
that Egypt is a vital and strategic ally of the U.S. and plays an important role
in the Middle East peace process, the conference managers remain concerned
about the human rights situation in Egypt, especially with restrictions on
freedom of expression and the promotion of inflammatory speech by
government-controlled media, as well as impediments to the development of
democracy and the rule of law.
·
Not
less than $15,000,000 for
·
Not
less than $35,000,000 for
·
The
conference managers direct that the bilateral assistance to the American
educational institutions for FY2003 be no less than the FY2002 assistance level
of $3,500,000.
·
Notwithstanding
Section 534(a) of this Act, ESF funds made available for assistance for the
Central Government of Lebanon shall be subject to regular notification
procedures of the Committees on Appropriations.
·
Also,
the Government of Lebanon should enforce the custody and international pickup
orders, issued during calendar year 2001, of
·
This
is the same funding level as for FY2002 along with the same use stipulations.
·
Not
less than $60,000,000 for USAID for assistance programs in
·
Last
year’s funding was $50,000,000 that “should be made available.” The Senate’s original proposal for FY2003 was
for $150,000,000 from all accounts in this Act.
·
While
not legislated, the conference managers recommend the Senate proposals of
$10,000,000 for reconciliation and development programs in Aceh
and $5,000,000 for reconstruction and recovery efforts in
·
The
conference managers expressed outrage of continued reports of the complicity of
local Indonesian military units in the murders of Americans Ted Burgon and Rick Spier in Papua in
2002, and called upon President Megawati Sukarnoputri to use the full authority
of her office to bring to justice the perpetrators of this crime.
·
The
conference managers also expressed their expectation of USAID to adequately
fund programs and activities relating to parliamentary and presidential
elections scheduled in 2004. The
managers also recommend continued funding for activities targeted toward the
professional development of provincial leaders and institutions.
·
The
conference agreement does not include the Senate language prohibiting the use
of funds for Aceh to construct roads or other
infrastructure that threatens the habitat of orangutans or other endangered
species. However, the managers are
concerned of these plans and express that no
·
Not
less than $25,000,000 for assistance in the Democratic Republic of Timor-Leste. This is the same funding level as for
FY2002.
·
Up
to $1,000,000 of this funding may be made available for USAID administrative
expenses.
·
Not
less than $25,000,000 as the
·
Using
the legislated term “Not less than $…shall be made available…,” the
seven (7) FY2003 earmarks for ESF assistance total $1,375,000,000 or 61 percent
of the total ESF finally appropriated leaving $880,245,000 for other programs.
·
Other
legislated ESF program funding levels, other than earmarks, include the
following:
·
$250,000,000
should be made available for
·
Not
to exceed $15,000,000 of ESF previously appropriated by the 2002 Supplemental,
P.L. 107-206, of which Jordan was allocated $100,000,000 as grant ESF, may be
made available for costs of modifying direct loans and guarantees for
Jordan. This amounts to an authority for
previously appropriated funding.
·
$1,000,000
should be used to further legal reforms in the West Bank and Gaza to include judicial training on commercial
disputes and ethics. The original Senate
proposal was for not less than $75,000,000.
The conference managers request that USAID consult with the Committees
on Appropriations on plans for the disbursement of funds.
·
Not
to exceed $200,000,000 may be made available for the costs of modifying direct
loans and guarantees for
·
Not
less than $2,000,000 should be made available for assistance for countries to
implement and enforce the Kimberley
Process Certification Scheme (KPIS).
The conference managers support this Senate proposal for KPIS which is
an international regime aimed at stopping the trade in “conflict diamonds” in
·
$3,000,000
should be made available for the international youth exchange program for secondary school students from countries
with significant Muslim populations.
·
Not
less than $10,000,000 should be made available for a contribution to the Special Court for Sierra Leone. The Senate proposal was to mandate this
funding. The conference managers
strongly support the efforts of the Court and the Truth and Reconciliation
Commission to hold accountable those involved in the atrocities committed
during the conflict in
·
These
six (6) additional directed, but not earmarked, funding levels total
$466,000,000 now leaving $334,245,000 in FY2003 ESF appropriations for other
programs.
·
The
conference agreement deleted the House proposal of not less than $45,000,000 of
ESF “should be made available” for a variety of reasons in
·
The
conference agreement did not adopt the Senate language providing that
$5,000,000 should be made available for programs that bring together Arabs and
Israelis including three organizations.
However, the conference managers reiterate strong support for conflict
resolution programs in the
·
Finally,
the conference managers endorse the House report language regarding support for
the International Arid Lands Consortium and the Blaustein
Institute for Desert Research. The
Senate and House report language regarding support for the International Crisis
Group and the Foundation for Environmental Security and Sustainability were
also endorsed. The managers also
endorsed the House report language in support of a joint proposal of al Quds University and the
·
As
legislated in the past, with respect to ESF funds appropriated by this Act or
prior acts, the responsibility for policy decisions and justifications for the
use of such funds, including whether there will be a program for a country that
uses these funds and the amount of each such program, shall be the
responsibility of the Secretary of State and Deputy Secretary of State. This responsibility shall not be delegated.
·
Table
Seven provides the FY2003 ESF allocations which were notified to Congress on
Table Seven
Economic Support Fund (ESF)
FY2003 Funding Allocations
(in millions)
FY2002 FY2003 FY2003
Country/Program by ESF Budget ESF
Geographical Region Funding Request Funding
NEAR EAST
ME
Partnership Initiative 0.000 0.000 0.000
ME
Partnership Initiative SUP 20.000 0.000 0.000
ME
Regional Cooperation 5.000 5.000 4.900
U.S.-North
Economic Partnership 4.000 4.000 3.000
West
Bank/Gaza 72.000 75.000 74.500
Subtotal – Near East $1,802.000 $1,824.000 $1,639.072
Irish Visa
Program 5.000 4.000 3.460
Subtotal –
WESTERN HEMISPHERE
Admin of
Justice/ICITAP $8.663 $11.000 $5.000
Centers
for Education
Excellence 7.000 0.000 0.000
Eastern
FTAA
Technical Assistance 0.000 1.000 0.000
Peru/Ecuador
Peace 4.500 4.500 4.000
Third
Border Initiative 0.000 3.000 2.500
Subtotal – Western $166.500 $96.000 $79.620
Hemisphere
Countries
in Transition 40.000 26.000 20.000
Democratic
Education
for Development
and Democracy 15.000 0.000 0.000
Regional
Organizations 4.000 6.000 4.000
Safe Skies 3.000 8.000 5.000
Subtotal –
THE PACIFIC
Democracy
Programs (
Environment Initiatives 3.500 0.000 0.000
Regional
Democracy 5.000 5.000 1.000
Regional
Security 0.250 0.250 0.200
Regional
Women’s Issues 4.000 4.000 1.000
South
Pacific Fisheries 14.000 18.000 17.829
Subtotal –
the Pacific
Subtotal
–
GLOBAL
Democracy Programs
(Muslim
Populations) $
0.000 $ 0.000 $7,948
Human Rights and
Democracy
Fund 13.000 12.000 23.500
Muslim Secondary
Exchange
SUP 7.000 0.000 0.000
OES Initiatives 4.000 2.000 1.500
Partnerships to Eliminate
Sweatshops 4.000 4.000 2.000
Policy Initiatives 0.000 20.250 0.000
Subtotal
– Global $28.000 $38.250 $34.948
TOTAL
ESF
ALLOCATED $3,289.000 $2,490.000 $2,280.082
Rescission (.65 percent) $
0.000 $ 0.000 $14.918
TOTAL ESF
APPROPRIATED $3,289.000 $2,490.000 $2,295.000
Notes:
ERF –
Emergency Response Fund authorized by P.L. 107-38, 18 Sep 01.
SUP –
Supplemental Appropriations authorized by P.L. 107-206, 2 Aug 02.
ICITAP – International Criminal Investigation Training Assistance
Program.
FTAA – Fair Trade Agreement of the
OES – Oceans, Environment and Sciences Initiatives.
Title III, Military Assistance,
Peacekeeping (PKO)
·
Initially
appropriated $115,000,000 as PKO grant assistance for necessary expenses to
carry out the provisions of Section 551, FAA, to be obligated or expended
except as provided through regular notification procedures of the Committees on
Appropriations. For FY2003 PKO, the
mandated .65 percent rescission amounted to $748,000 reducing the total grant
program for the year to $114,252,000.
·
As
noted in Table Eight, the PKO funding originally requested by the
Administration was for $108,250,000. The
original appropriation, before rescission, was $115,000,000. The Senate and House proposals were
$120,250,000 and $125,000,000, respectively.
Table Eight
Peacekeeping Operations (PKO) FY2003
Appropriation
(in thousands)
FY2002 Administration House Senate FY2003
$375,000
$108,250 $125,000 $120,250
$114,252
Notes: The FY2002 total includes the initial
appropriation by P.L. 107-115, the 2001 ERF appropriation by P.L. 107-38, and the
2002 Supplemental appropriation by P.L. 107-206. The FY2003 total includes the .65 percent
rescission.
·
The
initial PKO appropriation by P.L. 107-115 for FY2002 was $135,000,000 with two
global-war-on-terrorism (GWOT) supplemental appropriations. These two supplementals
for PKO included $220,000,000 by the 2001 Emergency Response Fund (ERF)
authorized by P.L. 107-38,
·
There
are no “earmarks” for FY2003 PKO funding.
·
The
conference agreement does not include the Senate language that $7,000,000
should be made available for efforts to establish an effective Afghan National
Army, or not less than $50,000,000 should be made available for Africa Regional
Peacekeeping Operations and the Africa Crisis Response Initiative (ACRI). However, the managers are concerned that
adequate funding be maintained for peacekeeping in
·
Table
Nine provides the FY2003 PKO allocations which were notified to Congress on
Table Nine
Peacekeeping Operations (PKO)
FY2003 Funding Allocations
(in thousands)
FY2002 FY2003 FY2003
PKO Budget PKO
Country/Program Funding Request Funding
Initiative (ACRI) 15,000.00 10,000.00 0.00
Training and Assist (ACOTA) 0.00 0.00 10,000.00
Georgia
KFOR 340.00 0.00 0.00
Multinational
Force and
Observers (Sinai MFO) 16,015.00 16,400.00 16,400.00
OSCE
OSCE Kosovo 15,400.00 12,500.00 12,500.00
OSCE
OSCE
TOTAL PKO ALLOCATED $375,000.00 $108,250.00 $114,252.00
Rescission
(.65 percent) $ 0.00 $ 0.00 $748.00
TOTAL PKO
APPROPRIATED $375,000.00 $108,250.00 $115,000.00
Notes:
ERF –
Emergency Response Fund authorized by P.L. 107-38, 18 Sep 01.
SUP –
Supplemental Appropriations authorized by P.L. 107-206, 2 Aug 02.
UNTAET –
U.N. Transitional Administration in
OSCE – Organization
for Security and Cooperation in
Other
Assistance Programs for FY2003
Title II, Bilateral Assistance
Development Assistance
·
$1,389,000,000
is appropriated for development assistance to remain available until
International
Disaster Assistance
·
$230,000,000
is appropriated for international disaster relief, rehabilitation, and
reconstruction assistance to remain available until expended.
Transition
Initiatives
·
$50,000,000
is appropriated for international disaster rehabilitation to remain available
until expended to support transition to democracy and to long-term development
of countries in crises.
·
Such
support may include assistance to develop, strengthen, or preserve democratic
institutions and processes, revitalize basic infrastructure, and foster the
peaceful resolution of conflict.
·
USAID
shall submit a report to the Committees on Appropriations at least five (5)
days prior to beginning a new program of assistance.
Assistance for
·
$525,000,000
is appropriated to remain available until
·
None
of the funds made available under this heading and the headings of “Economic
Support Fund” and “International Narcotics Control and Law Enforcement” should
not exceed fifteen (15) percent of the total resources pledged by all donors
for Kosovo as of
·
None
of the funds made available under this Act for Kosovo shall be made available
for large scale physical infrastructure reconstruction.
·
Funds
made available under this heading for assistance for Kosovo, up to $1,000,000
should be made available for assistance to support training programs for Kosovar women.
·
Not
less than $5,000,000 shall be made available for assistance for the
·
$2,000,000
should be made available for
Assistance for the Independent States of
the Former
·
$760,000,000
is appropriated to remain available until
·
$17,500,000
shall be made available solely for assistance for the Russian Far East.
·
Not
less than $20,000,000 should be made available for assistance for
·
No
funding may be made available for assistance for the Government of Ukraine
unless the Secretary of State determines and certifies to the Committees on
Appropriations that, since
·
Not
less than $90,000,000 shall be made available for assistance for
·
Not
less than $60,000,000 should be made available, addition to funds otherwise
available for such purposes, for assistance for child survival, basic education,
environmental and reproductive health/family planning, and to combat HIV/AIDS,
tuberculosis and other infectious diseases, and for related activities.
·
Of
the funding under this heading are allocated for assistance for the Government of the Russian Federation,
sixty (60) percent shall be withheld from obligation until the President
determines and certifies in writing to the Committees on Appropriations that
the Government of the Russian Federation :
·
has
terminated implementation of arrangements to provide Iran with technical
expertise, training, technology, or equipment necessary to develop a nuclear
reactor, related nuclear research facilities or programs, or ballistic missile
capability, and
·
is
providing full access to international nongovernmental organizations providing
humanitarian relief to refugees and internally displaced persons in
·
This
stipulation shall not apply to assistance to combat infectious diseases, child
survival activities, or assistance for victims of trafficking in persons, and
activities authorized under Title V of the FREEDOM
Support Act regarding “Nonproliferation and Disarmament Programs and
Activities.”
Title II, Independent Agencies
Inter-America Foundation
·
$16,200,000
is appropriated to remain available until
African
Development Foundation
·
$18,689,000
is appropriated to remain available until
Peace
Corps
·
$297,000,000
is appropriated to remain available until
Title II, Department of State
International Narcotics Control and Law
Enforcement (INCLE)
·
$197,000,000
is appropriated to remain available until expended for necessary expenses to
carry out Section 481, FAA.
·
Not less
than $5,000,000 shall be apportioned directly to the Department of the
Treasury, International Affairs Technical Assistance, to be used for financial
crimes and law enforcement technical assistance programs.
·
$10,000,000
should be made available for the demand reduction program.
·
$10,000,000
should be made available for anti-trafficking in persons programs, including
trafficking prevention, protection and assistance for victims, and prosecution
of traffickers.
·
$24,180,000
may be available for administrative expenses.
Andean Counterdrug
Initiative
·
$700,000,000
is appropriated to remain available until expended to carry out Section 481,
FAA, to support counterdrug activities in the Andean
region of
·
Subject
to regular notification procedures of the Committees on Appropriations, the
President may make available from the heading “International Narcotics Control
and Law Enforcement,” in this Act and in prior Acts likewise making
appropriations for foreign operations, up to an additional $31,000,000 for the
Andean Counterdrug Initiative.
·
Not
less than $250,000,000 shall be apportioned directly to USAID to be used for
economic and social programs.
·
Not
less than $5,000,000 in funds from this heading and from the Foreign Military
Financing Program heading should be made available to support a Colombian Armed Forces unit dedicated
to apprehending leaders of paramilitary organizations.
·
The
Secretary of State, in consultation with the Administrator of USAID, shall provide
to the Committees on Appropriations, a report, not later than 45 days after
enactment of this Act and prior to initial obligation of any funds, on the
proposed uses of all funds under this heading on a country-by-country basis for
each proposed program, project, or activity.
·
None
of the funds appropriated by this Act may be made available to support a
Peruvian air interdiction program until the Secretary of State and Director of
Central Intelligence certify to the Congress, thirty (30) days before any
resumption of U.S. involvement in a Peruvian air interdiction program, that an
air interdiction program that permits the ability of the Peruvian Air Force to shoot down aircraft will include enhanced
safeguards and procedures to prevent the occurrence of any incident similar to
the 20 April 2001 incident.
·
Up
to $3,000,000 should be made available for assistance for
·
Not
less than $1,500,000 should be made available for assistance for
·
Not
less than $3,500,000 shall be made available for assistance for the Colombian National Park Service for
training, equipment, and other assistance to protect
·
Not
more than $15,800,000 may be available for administrative expenses of the
Department of State, and not more than $4,500,000 may be available, in addition
to amounts otherwise available for such purposes, for administrative expenses
of USAID.
·
No
Migration and Refugee Assistance
·
$787,000,000
is appropriated to remain available until expended to enable the Secretary of
State to provide as authorized by law a contribution to the International Committee of the Red Cross,
assistance to refugees, including contributions to the International
Organization for Migration and the U.N. High Commissioner for Refugees, and
other activities to meet refugee and migration needs.
·
Not
more than $16,565,000 may be available for administrative expense.
·
Not
less than $60,000,000 shall be made available for refugees from the former
·
Funds
may be made available for a headquarters contribution to the International
Committee of the Red Cross only if the Secretary of State determines and so
reports to the appropriate committees of Congress that the Magen
David Adom Society of Israel is not being denied
participation in the activities of the International Red Cross and Red Crescent
Movement.
·
$26,000,000
is appropriated to remain available until expended to carry out the provisions
of Section 2(c) of the Migration and
Refugee Act of 1962, P.L. 87-510,
Nonproliferation,
Anti-terrorism, Demining, and Related Programs (NADR)
·
$306,400,000
is appropriated to carry out the provisions of Part II, Chapters 8 and 9 of the
FAA, Section 504 of the FREEDOM Support
Act, Section 23 of the AECA, or the FAA for demining
activities, the clearance of unexploded ordnance, the destruction of small, and
related activities, including activities implemented through nongovernmental
and international organizations, Section 301 of the FAA.
·
The
conference agreement appropriated the Senate proposal amount instead the House
proposal of $347,400,000. The
Administration requested $372,400,000 for FY2003. Including the Emergency Response Fund (ERF) and
the 2002 Supplemental along with the initial appropriation, the FY2002 total
for NADR was $534,700,000.
·
Not
to exceed $15,000,000 to remain available until expended may be made available
for the Nonproliferation and Disarmament
Fund to promote bilateral and
multilateral activities related to nonproliferation and disarmament.
·
Such
funds may also be used for such countries other than the Independent States of
the former
·
Funds
may be made available for the International
Atomic Energy Agency (IAEA) only if the Secretary of State determines and
so reports to Congress that
·
Funds
made available for demining and related activities,
not to exceed $675,000, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the operation and
management of the demining program.
·
The
Secretary of State is authorized to provide up to $250,000 for public-private
partnerships for mine action by grant, cooperative agreement, or contract.
·
Though
not legislated, the conference managers intend that the NADR funds be allocated
as follows:
·
Nonproliferation
and Disarmament Fund $15,000,000
·
Export
control and border security assistance 36,000,000
·
Science
Centers/BW redirection 52,000,000
·
International
Atomic Energy Agency 52,900,000
·
CTBT
Monitoring System 17,300,000
·
Organization (KEDO) administrative
expenses 5,000,000
·
Anti-terrorism
assistance 64,200,200
·
Terrorist
Interdiction Program 5,000,000
·
Demining 46,000,000
·
International
Trust Fund for Demining 10,000,000
·
Small
arms destruction 3,000,000
Total
-- $306,400,000
·
The
.65 percent rescission requirement reduced the FY2003 NADR appropriation by $1,992,000
leaving a total of $304,408,000 for final allocation.
Title IV, General Provisions
Obligations during Last Month of
Availability (Section 501)
·
Except
for appropriations entitled “International Disaster Assistance” and “U.S.
Emergency Refugee and Migration Assistance Fund,” not more than fifteen (15)
percent of any appropriation item made by this Act shall be obligated during
the last month of availability.
Limitation
on Representational Allowances (Section 505)
·
Of the
FMFP funding appropriated for general costs of administering military
assistance and sales by this Act, not more than $2,000 shall be available for
entertainment allowances and not more than $125,000 shall be available for
representational allowances.
·
Of
the IMET funding made available by this Act, not more than $50,000 shall be
available for entertainment allowances.
Prohibition
on Financing Nuclear Goods (Section 506)
·
Other
than funds for “Nonproliferation, Anti-terrorism, Demining,
and Related Programs (NADR),” none of the funds appropriated or made available
by this Act for carrying out FAA programs may be used, except for purposes of
nuclear safety, to finance the export of nuclear equipment, fuel, or
technology.
Prohibition against Direct Funding for
Certain Countries (Section 507)
·
None
of the funds appropriated or otherwise made available by this Act shall be
obligated or expended to finance directly any assistance or reparations to
·
Prior
fiscal years’ language regarding no “indirect” assistance was not carried
forwarded to this year’s legislation.
·
Assistance
or financing under this Act or prior foreign operations appropriations acts may
be provided for humanitarian and relief assistance for Iraq notwithstanding the provisions of this Section or any other
provision of law, including comparable provisions contained in prior foreign
operations appropriations acts. However,
the President must determine that the provision of assistance or other
financing for
Military Coups (Section 508)
·
None
of the funds appropriated or otherwise made available by this Act shall be
obligated or expended to finance directly any assistance to the government of
any country whose duly elected head of government is deposed by decree or
military coup.
·
Pursuant
to Section 1(b)(1) of the Pakistan Waiver Act, P.L. 107-57,
·
Assistance
may be resumed to such government if the President determines and certifies to
the Committees on Appropriations that subsequent to the termination of assistance
a democratically elected government has taken office.
·
The
provisions of this Section shall not apply to assistance to promote democratic
elections or public participation in democratic processes.
·
Any
funding made available pursuant to the provisos of this Section shall be
subject to the regular notification procedures of the Committees on
Appropriations.
Deobligation/Reobligation Authority (Section 510)
·
Obligated
balances of FMFP funds as the end of the fiscal year immediately preceding the current
year are, if deobligated, hereby continued available
during the current fiscal year for the same purpose under any authority
applicable to such appropriations under this Act. This authority may not be used in FY2003.
Availability of Funds (Section 511)
·
No
funding appropriated in this Act shall remain available for obligation after
this fiscal year unless expressly so provided in this Act.
·
However,
funds appropriated for the purposes, inter alia, International Narcotics Control, Support for
the Economic and Democratic Development of the Independent States of the former
Soviet Union, Support for the Economic and Political Independence of the
Countries of the South Caucasus and Central Asia, Economic Support Fund (ESF),
Foreign Military Financing Program (FMFP), and Assistance for Eastern Europe
and the Baltic States, shall remain available for an additional four (4)
years from the date of which the availability of such funds would otherwise
have expired, if such funds are initially obligated before the expiration of
their respective periods of availability.
·
Notwithstanding
any other provision of this Act, any funds made available for the purposes of
ESF which are allocated or obligated for cash disbursements in order to address
balance of payments or economic policy reform objectives, shall remain
available until expended.
Limitation
on Assistance to Countries in Default (Section 512)
·
No
part of any appropriation in this Act shall be used to furnish assistance to a
government which is in default during a period in excess of one (1) calendar
year in payment to the U.S. of principal or interest on any loan made to that
pursuant to a program for which funds are appropriated under this Act unless
the President determines, following consultations with the Committees on
Appropriations, that assistance to such country is in the national interest of
the U.S.
·
Also
referred to as the Brooke-Alexander
Amendment.
Notification
Requirements (Section 515)
·
For the
purposes of providing the Executive Branch with the Necessary administrative
flexibility, none of the funds made available under this Act for, inter alia, International
Narcotics Control and Law Enforcement, Andean Counterdrug
Initiative, Assistance for Eastern Europe and the Baltic States, Assistance for
the Independent States of the former Soviet Union, Economic Support Fund,
Peacekeeping Operations, Nonproliferation, Anti-terrorism, Demining,
and Related Programs, Foreign Military Financing Program, and International
Military Education and Training shall be available for obligation for
activities, programs, projects, type of material assistance, countries, or
other operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are previously notified
fifteen (15) days in advance.
·
The
President shall not enter into any commitment of FMFP funds for the provision
of major defense equipment (MDE), other than conventional ammunition, or other
major defense items defined to be aircraft, ships, missiles, or combat
vehicles, not previously justified to Congress, or twenty (20) percent in
excess of the quantities justified to Congress unless the Committees on
Appropriations are notified fifteen (15) days in advance of such commitment.
Special Notification
Requirements (Section 520)
·
None
of the funds appropriated by this Act shall be obligated or expended for
·
Of
the funds appropriated by Title II of this Act, not less than $295,000,000
shall be made available for humanitarian, reconstruction, and related
assistance for
Notification
of Excess Defense Equipment (Section 524)
·
Prior
to providing excess DoD articles (EDA) in accordance
with Section 516(a), FAA, the DoD shall notify the Committees on Appropriations
to the same extent and under the same conditions as are other committees
pursuant to Section 516(f), FAA.
·
Before
issuing a letter of offer (an FMS LOA) to sell EDA under the AECA, DoD shall
notify the Committees on Appropriations in accordance with the regular
notification procedures of such Committees if the defense articles are
significant military equipment (SME) or valued (in terms of original
acquisition cost) at $7,000,000 or more, or if the notification is required
elsewhere in this Act for the use of appropriated funds for specific countries
that would receive such EDA. The
notification is to include the original acquisition cost of such defense
articles.
Authorization
Requirement (Section 525)
·
Funds
appropriated by this Act, except under, inter alia, International Military Education
and Training (IMET), Foreign Military Financing Program (FMFP), and
Nonproliferation, Anti-terrorism, Demining, and
Related Programs (NADR), may be obligated and expended notwithstanding
Section 10, P.L. 91-672 and Section 15 of the State Department Basic Authorities Act of 1956.
·
These
programs are separately authorized for appropriation by the Security Assistance Act of 2002, which
was legislated and enacted as Division B of the Foreign Relations Authorization Act, Fiscal Year 2003, P.L.
107-228,
Democracy
Programs (Section 526)
·
Section
526(a):
·
Not
less than $15,000,000 of FY2003 ESF funding shall be made available for assistance
for activities to support democracy, human rights, and the rule of law in the People’s Republic of
·
FY2003
ESF funding should be made available for assistance for
·
Such
funds shall only be made available to the extent they are matched from sources
other than the
·
Any
funds made available pursuant to this subSection
shall be subject to regular notification procedures of the Committees on
Appropriations.
·
Additionally,
in Section 526(b):
·
Not
less than $15,000,000 of FY2003 ESF funding shall be made available for
programs and activities to foster democracy, human rights, civic education, women’s
development, press freedoms, and the rule of law in countries with a
significant Muslim population, and where such programs and activities would be
important to U.S. efforts to respond to, deter, or prevent acts of
international terrorism.
·
Funds
made available by the authority of this subSection
should support new initiatives or bolster ongoing programs and activities in
those countries.
·
Not
less than $3,000,000 should be made available for programs and activities that
provide professional training for journalists.
·
Notwithstanding
any other provision of law, funds made available by the authority of this subSection may be made available to support the advancement
of democracy and human rights in
·
Likewise,
any funds made available pursuant to this subSection
shall be subject to the regular notification procedures of the Committees on
Appropriations.
·
Section
526(c):
·
Not
less than $9,000,000 of the earmarked funding in subSection
526(a) and not less than $7,000,000 of the earmarked funding in subSection 526(b) shall be made available for the Human
Rights and Democracy Fund of the State Department’s Bureau of Democracy, Human
Rights and Labor to support the activities in subSections
526(a) and (b).
·
The
funds made available for the Fund by this subSection
are to be in addition to the $12,000,000 requested by the President for this
Fund for FY2003.
·
Section
526(d):
·
Not
less than $3,000,000 of the earmarked funding in subSection
526(a) and not less than $5,000,000 of the earmarked funding in subSection 526(b) shall be made available for the National
Endowment for Democracy to support the activities in subSections
526(a) and (b).
·
The
funds appropriated by this Act that are made available for the National
Endowment for Democracy may be made available notwithstanding any other
provision of law or regulation. The
Secretary of State shall provide a report to the Committees on Appropriations
within 120 days of the enactment of this Act on the status of the allocation,
obligation, and expenditures of such funds.
Prohibition on Bilateral Assistance to
Terrorist countries (Section 527)
·
Funds
appropriated for bilateral assistance under any heading in this Act and funds
appropriated under any such heading in laws previously enacted shall not be
made available to any country which the President determines grants sanctuary
from prosecution to any individual or group which has committed an act of
international terrorism or otherwise supports international terrorism.
·
This
prohibition may be waived by the President if he determines that national
security or humanitarian reasons justify such a waiver. The waiver shall be published in the Federal Register. At least fifteen (15)
days before the waiver takes effect, the President shall notify the Committees
on Appropriations of the waiver to include the justification.
Compliance
with U.N. Sanctions against
·
None
of the funds appropriated or otherwise made available pursuant to this Act to carry
out the FAA or the AECA may be used to provide assistance to any country that
is not in compliance with the U.N. Security Council sanctions against
Earmarks
(Section 538)
·
Funds
appropriated by this Act which are earmarked may be reprogrammed for other
programs within the same account notwithstanding the earmark if compliance with
the earmark is made impossible by operation of any provision of this or any
other act.
·
Any such
reprogramming shall be subject to the regular notification procedures of the
Committees on Appropriations, and that assistance reprogrammed pursuant to this
Section shall be made available under the same terms and conditions as
originally provided.
Ceilings and Earmarks (Section 539)
·
Ceilings
and earmarks contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent act
unless such act specifically so directs.
Earmarks or minimum funding requirements contained in any other Act
shall not be applicable to funds appropriated by this Act.
Prohibition
on Assistance to Foreign Governments that Export Lethal Military Equipment to
Countries Supporting International Terrorism (Section 543)
·
None
of the funds appropriated or otherwise made available by this Act may be
available to any foreign government which provides lethal military equipment to
a country the government of which the Secretary of State has determined is a
terrorist government for the purposes of Section 6(j) of the Export Administration Act (EAA).
·
This
prohibition shall terminate twelve (12) months after that government ceases to
provide such military equipment. This Section
applies with respect to lethal equipment provided under a contract entered into
after
·
The
prohibition may be waived if the President determines that such assistance is
important to the
War
Crimes Tribunals Drawdown (Section 546)
·
As
in prior years, authorizes the drawdown of commodities and services of up to
$30,000,000 for the U.N. War Crimes
Tribunal with regard to the former
·
Any
funds made available for such tribunals other than
Landmines
(Section 547)
·
As
in prior years, authorizes demining equipment
made available to USAID and the Department of State and used in support of the clearance
of landmines and unexploded ordnance for humanitarian purposes to be disposed
of on a grant basis in foreign countries, subject to such terms and conditions
as the President may prescribe.
Prohibition
of Payment of Certain Expenses (Section 549)
·
As
in prior years, none of the funding appropriated or otherwise made available by
this Act under the headings, inter alia, International Military Education and
Training (IMET) or Foreign Military Financing Program (FMFP) Informational Program (IP) activities
or under Economic Support Fund (ESF)
may be obligated or expended to pay for:
·
Alcoholic
beverages or
·
Entertainment
expenses for activities that are substantially of a recreational character,
including but not limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
“Theatrical and musical productions” were not included in prior year
legislation.
·
The
Government of
·
Not
less than $52,500,000 of the funds appropriated by Title II of this Act and of
the funds appropriated to carry out food assistance programs managed by USAID
should be allocated for assistance for
·
Not
less than $37,680,000 and $40,130,000 of the funds appropriated by Title II of
this Act should be allocated for assistance for Nicaragua and Honduras, respectively. This funding is to address the conditions of
increasing poverty in the rural sectors of these countries through programs
that support, among other things, increased agricultural production and other
income generation opportunities, improved health, and expanded education
opportunities, especially for disadvantaged youth.
Limitation
on Assistance to Security Forces (Section 556)
·
None
of the funding made available by this Act may be provided to any security forces unit of a foreign
country if the Secretary of State has credible evidence that such unit has
committed gross violations of human rights, unless the Secretary determines and
reports to the Committees on Appropriations that the country is taking
effective measures to bring the responsible members of that unit to justice.
·
Nothing
in this Section shall be construed to withhold funds made available by this Act
from any security forces unit of that country not credibly alleged to be
involved in gross violations of human rights.
·
In
the event funds are withheld from any unit pursuant to this Section, the
Secretary shall promptly inform the affected government of that country of the
basis for this action and shall, to the maximum extent practicable, assist the
government in taking effective measures to bring the responsible members of that
unit to justice.
·
Similar
prohibition language is also included in Section 8080, Defense Department Appropriations Act, 2003, P.L. 107-248,
·
This
Section is sometimes referred to as the “Leahy
Amendment.”
·
None
of the IMET and FMFP funds appropriated by this Act may be made available for Nigeria until the President certifies
to the Committees on Appropriations that the Nigerian Minister of Defense, the
Chief of the Army Staff, and the Minister of State for Defense/Army are
suspending from the Armed Forces those members, of whatever rank, against whom
there is credible evidence of gross violations of human rights in Benue State in October 2001, and the Government of Nigeria
and the Nigerian Armed Forces are taking effective measures to bring such
individuals to justice.
·
The
President may waive this prohibition if he determines that doing so is in the
·
None
of the funds appropriated by this Act may be made available for assistance for
the Central Government of Cambodia.
·
This
shall not apply to assistance for basic education, reproductive and maternal
and child health, cultural and historic preservation, programs for the
prevention, treatment, and control of, and research on, HIV/AIDS, tuberculosis,
malaria, polio, and other infectious diseases, programs to combat human
trafficking that are provided through nongovernmental organizations, and for
the Ministry of Women and Veterans Affairs to combat human trafficking.
·
Up
to $5,000,000 in ESF funding by this Act may be made available for activities to
support democracy, including assistance for democratic political parties.
·
$3,750,000
in funding appropriated by this Act shall be made available as a contribution
for an endowment to sustain rehabilitation programs for Cambodians suffering from
physical disabilities that are administered by an American nongovernmental
organization that is directly supported by USAID. This funding may made available only if an
amount at least equal to one-half of the
Foreign Military Training
Report (Section 561)
·
The
Secretaries of State and Defense shall jointly provide a report by
·
For
each military training activity, the report shall include the foreign policy
justification and purpose for the training activity, the cost of the training
activity, the number of foreign students trained and their units of operation,
and the training location.
·
With
respect to
·
The
report may include a classified annex if deemed necessary and appropriate.
·
None
of the funds appropriated by this Act, or prior foreign operations
appropriations acts, may be made available for assistance to KEDO. Last year’s funding direction was “may not to
exceed $95,000,000.”
·
However,
the President may waive this restriction and provide up to $5,000,000 of the
NADR heading funds for assistance to KEDO for administrative expenses only if
he determines that it vital to
·
Notwithstanding
any other provision of law, funds appropriated by this Act that are available
for assistance for the Colombian Armed
Forces, may be made available as follows:
·
Up
to 75 percent of such funds may be obligated prior to a determination and certification
(detailed below) by the Secretary of State.
·
Up
to 12.5 percent of such funds may be obligated only after the Secretary of
State certifies and reports to the appropriate congressional committees that:
·
The
Commander General of the Colombian Armed Forces is suspending from the Armed
Forces those members, of whatever rank, who have been credibly alleged to have
committed gross violations of human rights, including extra-judicial killings,
or to have aided or abetted paramilitary organizations.
·
The
Colombian Government is prosecuting those members of the Colombian Armed
Forces, of whatever rank, who have been credibly alleged to have committed
gross violations of human rights, including extra-judicial killings, or to have
aided or abetted paramilitary organizations, and is punishing those members of
the Colombian Armed Forces found to have committed such violations of human
rights or to have aided or abetted paramilitary organizations.
·
The Colombian
Armed Forces are cooperating with civilian prosecutors and judicial authorities
in such cases to include providing requested information, such as the identity
of persons suspended from the Armed Forces and the nature and cause of the
suspension, and access to witnesses, relevant military documents, and other
requested information.
·
The
Colombian Armed Forces are severing links; to include denying access to
military intelligence, vehicles, and other equipment or supplies, and ceasing
other forms of active or tacit cooperation; at the command, battalion, and
brigade levels, with paramilitary organizations.
·
And,
the Colombian Armed Forces are executing orders for capture of leaders of
paramilitary organizations that continue armed conflict.
·
The
balance of the funding may be obligated after
·
At
least ten (10) days prior to making the required certifications, the Secretary
of State shall consult with internationally recognized human rights
organizations regarding progress in meeting the conditions outlined in the
reports.
·
“Aided
or abetted” is defined to mean providing any support to paramilitary groups,
including taking actions which allow, facilitate, or otherwise foster the
activities of such groups.
·
“Paramilitary groups” is defined to mean
illegal self-defense groups and illegal security cooperative.
·
This
year’s report and certification requirements are similar but stricter than last
year.
Prohibition
on Assistance to the Palestinian Broadcasting Corporation (Section 566)
·
As was
the case in previous years, no appropriated or otherwise made available funding
may be used to provide equipment, technical support, consulting services, or
any other form of assistance to the Palestinian
Broadcasting Corporation.
·
Also
like the previous year, ESF funding may be made available for programs
benefiting the Iraqi people and to
support efforts to bring about a political transition in
·
Like
last year, during FY2003, thirty (30) days prior to the initial obligation of
funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the appropriate
congressional committees that procedures have been established to assure the
U.S. Comptroller General will have access to appropriate U.S. financial
information in order to review the uses of U.S. assistance for the this Program
under the heading Economic Support Fund
(ESF).
·
However,
unlike last year, a pre-assistance vetting process must be implemented. Prior to obligation of ESF funding for the
Program, the Secretary of State shall take all appropriate steps to ensure that
such assistance is not provided to or through any individual or entity that the
Secretary knows or has reason to believe advocates, plans, sponsors, engages
in, or has engaged in, terrorist activity.
·
The
Administrator of USAID shall ensure that Federal or non-Federal audits of all
contractors and grantees, and significant subcontractors and subgrantees, under this Program, are conducted at least on
an annual basis to ensure, among other things, compliance with this Section.
·
Of
the ESF funds made available for the
·
FMFP
funding may be made available for assistance for Indonesia and export licenses may be issued for the export of
lethal defense articles for the Indonesian Armed Forces, only if the President
certifies to the appropriate congressional committees that:
·
The
·
The
Indonesian Government is prosecuting those members of the Indonesian Armed
Forces, of whatever rank, who have been credibly alleged to have committed
gross violations of human rights, or to have aided or abetted militia groups,
and is punishing those members of the Indonesian Armed Forces found to have
committed such violations of human rights or to have aided or abetted militia
groups.
·
The
Indonesian Armed Forces are cooperating with civilian prosecutors and judicial
authorities in such cases including providing access to witnesses, relevant
military documents, and other requested information.
·
And,
the Minister of Defense is making publicly available audits of receipts and
expenditures of the Indonesian Armed Forces.
·
The
conference report indicates that both houses were in agreement with the reporting
and certification requirements and that the Senate proposal for commercial
licensing of lethal equipment exports be included.
Restrictions
on Assistance to Governments Destabilizing
·
No
funds appropriated by this Act may be made available for assistance for the
government of any country for which the Secretary of State determines there is
credible evidence that the government has aided or abetted, within the previous
six (6) months, in the illicit distribution, transportation, or sale of
diamonds mined in
·
Funding
appropriated by this Act may be available for assistance for the Government of Uzbekistan only if the Secretary of
State determines and reports to the Committees on Appropriations that the
Government of Uzbekistan is making substantial and continuing progress in
meeting its commitments under the “Declaration on the Strategic Partnership and
Cooperation Framework between the Republic of Uzbekistan and the United States
of America.”
·
Funds
appropriated by this Act may be made available for assistance for the
Government of
·
This
requirement may be waived by the Secretary if he determines and reports to the
Committees on Appropriations that such a waiver is in the
·
Not
later than
·
The
defense articles, defense services, and financial assistance provided by the
U.S. to the countries of Central Asia during the six-month period ending thirty
(30) days prior to submission of each such report.
·
The
use during such time of defense articles, defense services, and financial
assistance provided by the U.S. by units of the armed forces, border guards, or
any other security forces of such countries.
·
For
the purposes of this report, the countries of
Commercial Leasing of Defense Articles
(Section 575)
·
As
with the last several years, notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees on
Appropriations, FMFP may be used to provide financing to Israel, Egypt, NATO,
and major non-NATO allies for the procurement by leasing, including leasing
with an option to purchase, of defense articles from U.S. commercial
suppliers. This is not to include major
defense Equipment (MDE), other than helicopters and other types of aircraft
having possible civilian application, if the President determines that there are compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease rather than by
government-to-government sale (FMS).
War
Criminals (Section 576)
·
None
of the funds appropriated or otherwise made available pursuant to this Act may be
made available for assistance to any country, entity, or municipality whose
competent authorities have failed, as determined by the Secretary of State, to
take necessary and significant steps to implement its international legal
obligations to apprehend and transfer to the International Criminal Tribunal for the former Yugoslavia.
·
The
Secretary of the Treasury shall instruct the
·
The
Secretary of State may waive the application of this restriction with respect
to projects within a country, entity, or municipality upon written
determination to the Committees on Appropriations that such assistance directly
supports the implementation of the Dayton Accord.
·
Country
for this Section means
Prohibition
on Taxation of
·
None
of the funds appropriated by this Act may be made available to provide
assistance to a foreign country under a new bilateral governing the terms and
conditions under which such assistance is to be provided unless such agreement
includes a provision stating that U.S.
assistance shall be exempt from taxation, or reimbursed, by the foreign
government. The Secretary of State shall
expeditiously seek to negotiate amendments to existing bilateral agreements, as
necessary, to conform to this requirement.
·
An
amount equivalent to 200 percent of the total taxes assessed during FY2003 by a
foreign government or entity against commodities financed under U.S. assistance
programs for which funds are appropriated by this Act, either directly or
through grantees, contractors, and subcontractors, as of the date of enactment
of this Act, shall be withheld from obligation from funds appropriated for
assistance for FY2004 and allocated for the central government of that country
and for the West Bank and Gaza Program to the extent that the Secretary of
State certifies and reports in writing to the Committees on Appropriations that
such taxes have not been reimbursed to the U.S. Government.
·
Foreign
taxes of a “de minimis” nature [so insignificant or
minimal that a court may overlook it in deciding an issue or case] are not
subject to these reimbursement provisions.
·
The
Secretary of State shall issue rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the taxation of
·
Not
later than
·
The
extent to which existing bilateral agreements provide exemption from taxation.
·
The
status of negotiations of new framework bilateral agreements or modifications
of existing framework bilateral agreements.
·
The
reasons why new framework bilateral agreements or modifications of existing
bilateral agreements, entered into within the previous five (5) years, have (as
appropriate) failed to include exemption from taxation.
·
And,
the administrative procedures that foreign governments use to ensure that U.S.
assistance commodities are not taxed or, if they are, that such taxes are
reimbursed to the U.S. Government, and the adequacy of those procedures.
·
The
terms “taxes” and “taxation” refer to value added taxes and customs duties
imposed on commodities financed with
Training
Program Evaluation (Section 581)
·
Not
later than 30 June 2003, the Secretary of State, in consultation with the
Secretary of Defense, shall submit a report to the Committees on Appropriations
describing in detail the steps that the Departments of State and Defense are
making to improve performance evaluation procedures for the IMET program and the progress that the
Departments are making in implementing Section 548, FAA.
·
Section
548, FAA, was added to the FAA by Section 202, Security Assistance Act of 2000, P.L.
106-280,
Community-Based
Police Assistance (Section 582)
·
ESF
funding may be used, notwithstanding Section 660 of the FAA which forbids the
use of FAA authority funding for police support and training, to enhance the
effectiveness and accountability of civilian police authority in Jamaica and El Salvador. This assistance can include training and
technical assistance in human rights, the rule of law, strategic planning, and
through assistance to foster civilian police roles that that support democratic
governance including assistance for programs to prevent conflict and foster
improved police relations with the communities they serve.
·
Assistance
provided under this Section shall be subject to the regular notification
procedures of the Committees on Appropriations.
·
Beginning
with the FY2004 Congressional Budget Justification Document and annually
thereafter, the Administrator of USAID shall submit a report to the Committees
on Appropriations describing the progress these programs are making toward
improving police relations with the communities they serve and
institutionalizing an effective community-based police program.
Transparency
and Accountability (Section 585)
·
Congress
finds that there is a lack of transparency in the revenues and expenditures of
national budgets of many developing countries that receive
·
Not
more than ninety (90) days after enactment of this Act, the Secretary of State
shall submit a report to the Committees on Appropriations describing in detail:
·
Those
countries whose central governments receive foreign assistance from the
·
Relevant
laws and regulations to such countries governing the public disclosure of
revenues and expenditures in national budgets.
·
The
adequacy of those laws and regulations, to the extent to which are implemented
and enforced.
·
Those
countries receiving such assistance where no such laws or regulations exist, and
the extent to which such revenues and expenditures are publicly disclosed.
·
And,
programs and activities sponsored by the U.S. Government to promote accurate
disclosure of revenues and expenditures in the national budgets of such
countries, and the results of those programs and activities.
Security Assistance Act
of 2002, Division B, P.L.
107-228,
·
Enacted
as Division B of the Foreign Relations
Authorization Act, Fiscal Year 2003, P.L. 107-228,
·
The
Senate Foreign Relations Committee (SFRC) reported its own bill S1803 on
·
On
·
The
Conference reported out HR1646 on
Division
B – Security Assistance Act of 2002
·
Section
1201 authorizes the appropriation of $4,107,200,000 in FMFP funding authorized by Section 23, AECA, as FY2003 grant
assistance and for any subsidy costs of direct loans. After rescission, P.L. 108-7 appropriated
$4,045,532,000 in FMFP funding.
·
Section
1202 amends the first sentence of Section 4, AECA, which provides the purposes
for sale or lease of defense articles and services to friendly countries. The second purpose of “legitimate self-defense” is amended to read “…legitimate self-defense
for preventing or hindering the proliferation of weapons of mass destruction
and of the means of delivering such weapons,…”
·
Section
1203 amends Section 43(c), AECA, pertaining to the ceiling amount of FMS
administration funds that may be used each fiscal year for official reception and representation expenses by inserting
“$86,500” in place of “$72,500.”
·
Section
1204 amends Section 40(d), AECA, pertaining to the prohibition of AECA, FAA, or
any other law assistance to countries supporting acts of international terrorism by adding “or willfully aid or abet the
efforts of an individual or group to use, develop, produce, stockpile, or
otherwise acquire chemical, biological, or radiological weapons.” Before this amending language, the section
only applied to acquiring nuclear weapons and material.
·
Section
1205(a) significantly amends Section 36(c), AECA, pertaining to congressional
notification dollar thresholds for direct commercial sales (DCS) by requiring
congressional notification before the Department of State can license the commercial export of U.S. Munitions List (USML) category I small
arms (.50 caliber or less) valued
$1,000,000 or more. This does not apply
to Section 36(b), AECA, FMS transfers.
·
Section
1205(b) amends Section 40A(c), AECA, pertaining to annual end-use monitoring
(EUM) reports to Congress by requiring the report to include “and the numbers,
range, and findings of end-use monitoring of United States transfers of small
arms and light weapons.”
·
Section
1205(c) amends Section 655(b)(3), FAA, pertaining to annual reporting of
licensed USML exports for the fiscal year by adding “…including, in the case of
defense articles that are firearms controlled under category I of the United
States Munitions List, a statement of the aggregate dollar value and quantity
of semiautomatic assault weapons, or spare parts for such weapons, the
manufacture, transfer, or possession of which is unlawful under 18, U.S.C. 922,
that were licensed for export during the period covered by the report.”
·
Section
1205(d) requires not later than
·
The
role of such brokers in the
·
·
Violations
of the AECA.
·
·
Any
needed changes in law, regulation, policy, or resources.
·
And,
any implications for the regulation of arms brokers in other countries.
·
Section
1206 requires that for the purposes of any law,
·
Section
1211 authorizes the appropriation of $85,000,000 in IMET funding authorized by Part II, Chapter 5, FAA, as FY2003 grant
assistance. After rescission, P.L. 108-7
appropriates $79,480,000 in IMET funding.
·
Section
1212 provides for a new Section 549, FAA, regarding an annual human rights
report for Section 116(d), FAA, human
rights violations by IMET program foreign military or defense ministry civilian
participants. The report is to be
submitted not later than 1 March of each year by the Secretary of State.
·
Amends
Section 548, FAA, regarding DoD records database of
foreign IMET participants after
·
Also,
if the Secretary of State determines and reports to Congress under Section 549
that a foreign person in the maintained IMET database was involved in a
violation of internationally recognized human rights, the Secretary of Defense
shall ensure that the database is updated to reflect this fact with all
relevant information.
·
Section
1213 amends Section 544, FAA, with a new Section 544(c) regarding exchange
programs for post-graduate flying
training and tactical leadership programs.
The change authorizes the President to enter into cooperative
arrangements for participation of foreign and
·
The
cooperative arrangement shall require an equitable contribution of support and
services from each participating country.
The President may waive the equitable contribution requirement if he
determines that it is to the
·
Costs
incurred by the
·
Section
1221(a) amends Section 513(b) and (c), Security
Assistance Act of 2000, P.L. 106-280,
·
For
FY2002 and FY2003,
·
Also,
·
For
FY2002 and FY2003,
·
Section
1221(b) amends Section 514, Security
Assistance Act of 2000, P.L. 106-280,
·
For
FY2002 and FY2003,
·
For
FY2002 and FY2003,
·
After
rescission,
·
Section
1222 authorizes FY2003 IMET funding to be appropriated for
·
·
·
For
FY2003, $500,000 from both country programs should be available for purposes of
professional military education (PME).
It is the sense of Congress that this funding for PME should be used for
joint training of Greek and Turkish officers.
·
Section
1223(a) authorizes the appropriation of grant FMFP funding during FY2003 for the following countries as listed,
to also include the FY2003 allocations after rescission:
·
The
·
·
·
·
·
·
·
·
·
·
·
·
Section
1223(b) authorizes the appropriation of grant IMET funding during FY2003 for the following countries as listed,
to also include the FY2003 allocations after rescission:
·
The
·
·
·
·
·
·
·
·
·
·
·
·
Section
1224 addresses FY2003 and any subsequent fiscal year ESF funding for
·
The armed
forces of
·
The
Government of Lebanon is effectively asserting its authority in the area in
which such armed forces have been deployed.
·
Any
funds withheld pursuant to this Section may not be reprogrammed in order to be
used for a purpose other than for assistance to Lebanon until the last moth of
the fiscal year in which the authority to obligate such funds lapses.
·
After
rescission,
·
Section
1231 authorizes FY2003 DoD funds to be used for packing, crating, handling, and transportation (PCH&T) of
Section 516, FAA, grant excess defense articles (EDA) for Albania, Bulgaria,
Croatia, Estonia, Former Yugoslavia Republic of Macedonia, Georgia, India,
Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan,
Romania, Slovakia, Slovenia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
·
It
is the sense of Congress that this authority should be used only for those
countries demonstrating a genuine commitment to democracy and human rights.
·
Section
1232 amends Section 25(a), AECA, to expand the annual foreign operations budget
justification report due not later than 1 February to also include a list of
weapons systems that are significant military equipment (SME), and numbers
thereof, that are believed likely to become available for transfer as excess defense articles during the next
twelve (12) months.
·
DSCA
Memorandum I-02/015721-P2 of
·
Section
1233 amends Section 61(b), AECA, changing the maximum period of time for a defense article lease agreement. The previous period of five (5) years is
expanded to include five (5) years and a specified period of time required to
complete major refurbishment work of the leased article(s) to be performed
prior to delivery. “Major refurbishment
work” is defined to mean work for which the period of performance is six (6)
months or more.
·
Section
1234 amends Section 516(c)(2), FAA, regarding priority countries for the
transfer of grant excess defense articles to include the Philippines along with the member countries of NATO on the southern
and southeastern flank of NATO and major non-NATO allies on southern and
southeastern flank.
·
Section
1241 authorizes up to $10,000,000 to be appropriated in FY2003 as development
assistance to carry out Part I, Chapters 1 and 10, FAA, for the destruction of surplus stockpiles of
small arms, light weapons, and other munitions.
·
Section
1251 amends Section 574(a), FAA, to authorize the appropriation of $73,000,000
for FY2002 and $64,200,000 for FY2003 as Antiterrorism
Assistance.
·
Section
1261 amends Section 514(b)(2), FAA, authorizing up to
$100,000,000 in additions during FY2003 to the War Reserve Stockpiles for
Allies (WRSA). Of this additional
authority, not more than $100,000,000 may be made available during FY2003 for WRSA in Israel.
·
Section
1262(a) amends Section 656(a), FAA, regarding the annual Foreign Military Training Report required not later than 31
January. Unless one of the appropriate
congressional committees requests in writing otherwise not later than ninety
(90) days prior to the required submission date, training programs for NATO
countries,
·
Section
1262(b) amends Section 655, FAA, by deleting the requirement within the annual military assistance report for
the reporting of military items manufactured outside the U.S. that were
imported into the U.S. during the fiscal year.
·
Section
1262(c) amends Section 36(a), AECA, by deleting the requirement within the quarterly report on
government-to-government arms exports for the reporting the estimate of
number of U.S military and civilian personnel and contract personnel who were
in each country at the end of that quarter, or anytime during that quarter.
·
Section
1263 requires a detailed briefing and consultation every 180 days after
enactment of this Act to the appropriate congressional committees regarding
·
Section
1301 amends Section 585, FAA, regarding the authorization of appropriations
during FY2003 for Nonproliferation and
Export Assistance. The FY2003 figure
is $162,000,000. Additionally, $2,000,000
of this FY2003 funding is authorized for carrying out Section 584, FAA, and
$65,000,000 of this FY2003 funding is authorized to be available for science
and technology centers in the independent states of the former
·
During
FY2003, $382,400,000 is also authorized to be appropriated for Nonproliferation, Anti-terrorism, Demining, and Related Programs (NADR). After rescission, $304,408,000 was
appropriated and allocated for FY2003.
·
Section
1302 authorizes the Secretary of State to make available $5,000,000 under
Section 585, FAA, for the procurement and provision of nuclear, chemical, and
biological detection systems, including spectroscopic and pulse echo
technologies. $10,000,000 is also authorized
to be made available during FY2003 for the procurement and provision of x-ray
systems capable of imaging sea-cargo containers.
·
Not
later than 31 March 2003, and every year thereafter for the next three (3)
years, the Secretary is to provide a report to the appropriate congressional committees
setting forth his plans and budget for a multiyear training program for foreign
personnel in the use of these systems.
The subsequent year reports are to describe the progress, current
status, and budget of these this training program and of the provision of the
systems.
·
Section
1303 amends the FAA by renumbering Sections 584 and 585 regarding
Nonproliferation and Export Control Assistance to new Sections 585 and 586,
respectively.
·
A
new Section 584, FAA, entitled International
Nonproliferation Export Control Training is inserted authorizing the
Secretary of State to furnish the subject education and training to appropriate
military and civilian personnel of foreign countries, but whenever feasible on
a reimbursable basis.
·
Section
1304 amends the Soviet Scientists Immigration Act of 1992, P.L. 102-509, 24 October
1992, regarding the relocation of scientists by extending the authority of the
Act for the period beginning on the date of enactment of the Security Assistance Act of 2002 and
ending four (4) years after such date.
This Section also amends the same Act by increasing the number of
scientists eligible for visas from “750” to now “950.” Additionally, Section 4(a) of the Act by
including a scientist is not eligible for designation under this subsection if
the scientist has previously been granted the status of an alien lawfully
admitted for permanent residence as defined in 8 U.S.C. 1101(a)(20).
·
Section
1305 communicates many findings by Congress regarding the International Atomic Energy Agency (IAEA) budget assessments and
voluntary contributions and authorizes the use of $60,000,000 the FY2003
funding appropriated for NADR for the U.S. voluntary contribution to IAEA
including for the purpose of implementing the Protection Against Nuclear
Terrorism Program adopted by the IAEA Board of Governors in March of 2002. The U.S. IAEA voluntary contribution
allocation from FY2003 NADR funding was $52,900,000.
·
Section
1306 amends Section 2, Iran
Nonproliferation Act of 2000, P.L. 106-178,
14 March 2000, regarding the reporting of foreign personnel who transfer
weapons goods and technologies to Iran
by adding a new Section 2(e) requiring a brief description of the type and
quantity of the goods, services, or technology transferred by that person to
Iran to include the circumstances surrounding the transfer, the usefulness of
the transfer to Iranian weapons programs, and the probable awareness or lack
thereof of the transfer on the part of the government with primary jurisdiction
of the person.
·
Section
1308 establishes the requirement for annual reports on the Proliferation of Missiles and Essential Components of Nuclear,
Biological, Chemical, and Radiological Weapons. Beginning not later than 1 March 2003, and
annually thereafter, the President shall transmit a report to the House
Committees on Appropriations, on Armed Services, and on International
Relations, and the Senate Committees on Appropriations, on Armed Services, and
on Foreign Relations on the transfer by any country of weapons, technology,
components, or materials that can be used to deliver, manufacture (including
research and experimentation), or weaponize nuclear,
biological, chemical or radiological weapons (NBC weapons) to any country [see
the below exemptions] that is seeking to possess or otherwise acquire such
weapons, technology, or material, or other system that the Secretary [of State]
or the Secretary of Defense has reason
to believe could be used to develop, acquire, or deliver NBC
weapons.
·
Section
1309 provides for the submission by the Secretary of State, not later than 180
days after enactment of this Act, to the appropriate congressional committees a
three-year international arms control
and nonproliferation strategy. It is
to include a three-year plan for the reduction of existing nuclear, chemical,
biological weapons and ballistic missiles and for controlling the proliferation
of these weapons. It is to identify the
·
Sections
1311 through 1321 provide the new law entitled
·
Sections
1331 through 1339 provide the new law entitled Nonproliferation Assistance
Coordination Act of 2002. It
directs the President to establish a mechanism to coordinate the efforts of the
U.S. Government departments and agencies engaged in formulating policy and
carrying out programs for achieving nonproliferation and threat reduction. This mechanism amounts to a committee with
representatives designated by the Secretaries of State, Defense, Energy,
Commerce, and Homeland Security and the Attorney General and any other
executive branch officials as the President may select. To the maximum extent possible, the
representatives shall be an official of that department or agency who has been
appointed by the President with the advice and consent of the Senate. The President shall designate an official to
direct the coordination mechanism. The
law provides the purposes, responsibilities, authorities, and administrative
support for the mechanism. And, finally, direction is provided for reporting
and consultation by the President with the appropriate congressional committees
regarding the effectiveness of the established coordinating mechanism in
achieving its objectives.
·
Sections
1341 through 1345 provide the new law entitled
·
Section
1401 authorizes the FY2003 appropriation of $10,000,000 to be available for
salaries and expenses of the State Department Office of Defense Trade Controls
(PM/DTC). This office has recently been retitled to the Directorate
of Defense Trade Controls (PM/DDTC).
Effective
·
Section
1402 authorizes the FY2003 appropriation of $4,000,000 to be available to the
PM/DDTC for the modernization of information management systems.
·
By
below Section 1403(b), $3,000,000 of this funding is authorized to be available
to fully automate the Defense Trade Application System (DTAS).
·
By
below Section 1404(a), $250,000 of this funding is also authorized to be
available for the purpose of providing full access to the Commerce Department Automated Export System (AES).
·
Section
1403 directs the establishment of a secure, Internet-based system for the
filing and review of USML export license
applications. This DTAS is to be
accessible by
·
Section
1404 directs the Secretary of Commerce, with the concurrence of the Secretaries
of State and Treasury, to publish regulations in the Federal Register to
require that all persons who are required to file export information under Chapter 9 of Title 13, U.S.C., to file
such information through the Automated Export System. This Section also amends 13 U.S.C. 304 and
provides for financial penalties for failure to do such filing. A new 13 U.S.C. 305 entitled Penalties for Unlawful Export Information
Activities is also provided for assessing criminal and civil penalties for
failure to file, submission of false or misleading information, or for the
furtherance of illegal activities any information through the Shippers Export
Declaration (SED) or the Automated Export System (AES).
·
Section
1405 amends the AECA in several places increasing congressional review
notification dollar value thresholds regarding the transfer of defense articles
and services to NATO countries,
·
New
Section 3(d)(5), AECA, for the advance notification to
Congress regarding U.S. approval of the third country transfer of U.S.-origin
defense articles and services in terms of its original acquisition cost of
$25,000,000 or more (vice $14,000,000) for major defense equipment (MDE) or
other U.S.-origin defense articles or services transfers in terms of its original
acquisition cost of $100,000,000 or more (vice $50,000,000) to NATO countries,
Australia, Japan, or New Zealand.
·
New
Section 36(b)(6), AECA, for the advance notification to Congress regarding the approval
of a FMS sale, or for the enhancement or upgrade thereof, of MDE at a cost of
$25,000,000 or more (vice $14,000,000); of other defense articles or services,
or for the enhancement or upgrade thereof, at a cost of $100,000,000 or more
(vice $50,000,000); or of design and construction services, or for the
enhancement of upgrade thereof, at a cost of $300,000,000 or more (vice
$200,000,000) to NATO countries, Australia, Japan, or New Zealand.
·
New
Section 36(c)(5), AECA, for the advance notification to Congress regarding the
approval of a commercial license [direct commercial sale (DCS)] of MDE at a
cost of $25,000,000 or more (vice $14,000,000) or of other defense articles or
services at a cost of $100,000,000 or more (vice $50,000,000) to NATO countries,
Australia, Japan, or New Zealand.
·
New
Section 63(a)(2), AECA, for the advance notification
to Congress regarding the approval of a lease or loan exceeding one year or
longer of MDE in terms of its replacement cost, less any depreciation, of
$25,000,000 or more (vice $14,000,000) or of other defense articles in terms of
its replacement cost, less any depreciation, of $100,000,000 or more (vice
$50,000,000) to NATO countries, Australia, Japan, or New Zealand.
·
The
new third country transfer, FMS, and DCS notification values include the
transfer proviso “that does not authorize a new sales territory that includes
any country other than such countries…”
The new Section 47(11), AECA, defines “sales territory” to mean a country or group of countries to which
a defense article or service is authorized to be reexported.
·
The
conference managers further elaborate by stating that “the one exception [to
the new thresholds] will be sales to one or more of those countries that
incorporate a new or increased sales territory that includes a country outside
of that group. The Managers believe that
approval of such a sales territory is tantamount to approving future sales to
the listed countries, and sometimes such third-country sales pose security or
policy concerns. The Managers note that
discussions on the issue of notification thresholds with the Departments of
State and Defense will continue in the coming year.”
·
The
dollar thresholds for “other countries” of $14,000,000, $25,000,000, and
$200,000,000 remain unchanged. It must
be noted though that while the countries of NATO were provided the higher
notification thresholds, the NATO organization itself was not included.
·
Section
1405(b) amends Section 9001(e), Department
of Defense Appropriations Act, 2000, P.L. 106-79,
·
Section
1406 amends Section 38(f)(1), AECA, stating that the President may not remove
any item from the U.S. Munitions List
(USML) until thirty (30) days after the date the President has provided
notice to the Senate Foreign Relations Committee and the House International
Relations Committee of the proposed removal.
The notice shall describe the nature of any controls to be imposed on
that item under any other provision of law.
The conference managers trust that continued consultation with the
Department of State over the ongoing review of and changes to the USML will
allow any alterations to the List to occur without undue delay, controversy, or
diminution of
·
Section
1501 requires that, not later than
·
Section
1502 indicates the Secretary [of State] should use security assistance surveys
in preparation of this strategy and authorizes the use of $2,000,000 of FY2003
FMFP funding for these surveys.
Authority is also provided to the Secretary of State to request such
surveys, on a cost reimbursable basis, by the Department of Defense or other
U.S. Government agencies.
·
Section
1701 authorizes the transfer of the following fourteen (14) ships:
·
By
Section 516, FAA, grant EDA transfer, ex-USS
·
By
Section 516, FAA, grant EDA transfer, ex-USS CAPODANNO (FF-1093), ex-USS THOMAS
C. HART (FF-1092), ex-USS DONALD B. BEARY (FF-1085), ex-USS MCCANDLESS
(FF-1084), ex-USS REASONER (FF-1063), and ex-USS BOWEN (FF-1079) to Turkey.
·
By
Section 21, AECA, FMS sale, ex-USS
·
By
Section 21, AECA, FMS sale, ex-USS KIDD (DDG-993), ex-USS CALLAGHAN (DDG-994),
ex-USS SCOTT (DDG-995), and ex-USS CHANDLER (DDG-996) to the Taipei Economic
and Cultural Representative Office in the U.S. (for Taiwan).
·
By
Section 21, AECA, FMS sale, ex-USS ESTOCIN (FFG-15) and ex-USS SAMUEL ELIOT
MORISON (FFG-13) to
·
The
value of the grant transfers shall not be counted in the Section 516(g)(1), FAA, annual ceiling of $425,000,000.
·
Any
expenses incurred by the
·
For
any leasing of the ships authorized for grant transfer to
·
To
the maximum extent practicable, the President shall require, as a condition of
the transfer, that the country have such repair or refurbishment as needed
before the ship joins the naval forces of the country, performed at a shipyard
located in the
·
The
authority for these fourteen (14) transfers shall expire at the end of the
two-year period beginning on the date of enactment of this Act.
Department of State Authorization
Act, Fiscal Year 2003, Division A, P.L.
107-228,
·
Enacted
as Division A of the Foreign Relations
Authorization Act, Fiscal Year 2003, P.L. 107-228,
Division A
– Department of State Authorization Act,
Fiscal Year 2003
·
Section
111 authorizes appropriations of $4,030,023,000 for Diplomatic and Consular
Programs of which $564,000,000 is for worldwide security programs.
·
$200,000,000
is authorized for appropriations for the Capital Investment Fund.
·
$555,000,000
is authorized for appropriations for Embassy Security, Construction and
Maintenance.
·
$11,000,000
is authorized for appropriations for Protection of Foreign Missions and
Officials to remain available through
·
$15,000,000
is authorized for appropriations for Emergencies in the Diplomatic and Consular
Service.
·
$18,817,000
is authorized for appropriations for Payment to the American Institute in Taiwan.
·
Section
113 authorizes appropriations of $891,378,000 FY2003 Contributions to the
International Organizations. Of this
total, for FY2003 or for fiscal years thereafter, such sums may be necessary
are authorized for the
·
$725,981,000
is also authorized for appropriations for Contributions for International Peacekeeping Activities.
·
None
of these funds made available for the 2002-2003 biennium budget
for
·
Section
115 authorizes the appropriation of $820,000,000 for Migration and Refugee
Assistance. Of this amount:
·
$60,000,000
is authorized to be available for the resettlement of refugees in
·
$2,000,000
is authorized to be available for humanitarian assistance, including food,
medicine, clothing, and medical and vocational training, to Tibetan refugees in
·
$2,000,000
is authorized to be available for humanitarian assistance, including food,
medicine, clothing and medical and vocational training to persons displaced as
a result of civil unrest in
·
Section
214 advances Congress’ commitment to relocating the U.S. Embassy in
·
None
of the funds authorized to be appropriated by this Act may be expended for the
operation of a
·
None
of the funds authorized to be appropriated by this Act may be available for the
publication of any official government document which lists countries and their
capital cities unless the publication identifies
·
For
the purposes of the registration of birth, certificates of nationality, or
issuance of a passport of a
·
Section
323 requires not later than 180 days of the date of the enactment of this Act,
a report from the Secretary of State containing a plan for the Department to
improve the recruitment of veterans for career Foreign Service.
·
Section
402 amends Section 404(b)(2) of the Foreign
Relations Authorization act, Fiscal Years 1994 and 1995, P.L. 103-236, 30
April 1994, regarding the reduction in
the U.S. share of assessed contributions for U.N. Peacekeeping Operations to include the following annual
assessments;
·
Calendar
year 2001, 28.15 percent,
·
Calendar
year 2002, 27.90 percent,
·
Calendar
year 2003, 27.40 percent, and
·
Calendar
year 2004, 27.40 percent.
·
Section
408 directs that the U.S., in connection wit its voice and vote in the U.N. General
Assembly and the U.N. Economic and Social Council, make every reasonable effort
to:
·
Secure
a seat for the
·
Secure
a seat for a
·
And,
prevent membership on the Human Rights Commission by any member nation the
government of which, in the judgment of the Secretary of State, based on the
Department’s Annual Country Reports on Human Rights and the Annual Report on
International Report on Religious Freedom, consistently violates
internationally recognized human rights or has engaged in or tolerated
particularly severe violations of religious freedom in that country.
·
Sections
601 through 604 are entitled
·
Section
604 authorizes the President once he determines noncompliance by the PLO, to
impose any of the following sanctions:
·
Denial
of visas to PLO or Palestinian Authority officials.
·
Downgrade
in status of PLO offices in the
·
Designate
the PLO or any of its constituent groups as a foreign terrorist organization.
·
Or,
prohibit
·
The President
may waive any sanction if he determines to be in the
·
Section
692 forwards the sense of Congress that the American Institute in Taiwan and the residence of its Director
should publicly display the
·
Section
699 states if the President determines that a foreign person or entity has
knowingly transferred proscribed weapons to Palestinian entities in the West Bank or Gaza, no assistance may be
provided to the person or unity under Part II of the FAA and no sales of
defense articles or services may be made to that person or entity under Section
23, AECA (FMFP). The prohibition period
is two (2) years from when the determination is submitted to the appropriate
congressional committees. “Proscribed
weapons” are to mean arms, ammunition, and equipment the transfer of which is
not in compliance with the Agreement on the Gaza Strip and the Jericho Area of
Department of Defense Appropriations Act, 2003, P.L. 107-248,
·
Reported
out of the House Appropriations Committee as HR5010 on
·
This
bill and the related military construction appropriations bill were the only
two FY2003 appropriations bills that were enacted into law before the start of
calendar year 2003.
Title II, Operation and Maintenance
·
$58,400,000
appropriated for expenses related to the Overseas Humanitarian, Disaster, and
Civic Aid programs of DoD to remain available until
·
$416,700,000
appropriated for assistance to the republics
of the former
Title VI, Other Department of Defense Programs
·
$14,843,542,000
for DoD medical and health care programs. Not less than $7,000,000 of this funding
shall be available for HIV prevention educational activities undertaken in
connection with
Title VIII, General Provisions
·
Section
8002, as in prior years, states that during FY2003, provisions of prohibiting
the payment of compensation to, or employment of, any person not a citizen of
the U.S. shall not apply to personnel of the DoD.
·
Salary
increases granted to direct or indirect hire foreign national DoD employees
funded by this Act shall not be at a rate in excess of the percentage increase
authorized by law for DoD civilians whose pay is computed under the provisions
of 5 U.S.C. 5332, or at a rate in excess of the percentage increase provided by
the appropriate host nation to its own employees, whichever is higher. This does not apply to DoD
foreign national employees of the DoD in the
·
Section
8009 authorizes the use of operation and maintenance funds to be obligated for humanitarian
and civic assistance costs pursuant to 10 U.S.C. 401 and these obligations are
to be reported to Congress as of 30 September of each year.
·
These
funds shall be available for providing humanitarian and similar assistance by
using Civic Action Teams in the
·
Upon
determination by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted by the Army medical facilities
located in Hawaii, the Secretary may authorize the provision of medical
services at such facilities and transportation to the facilities on a nonreimbursable basis for civilian patients from American Samoa, Commonwealth of the
Northern Mariana Islands, Marshall Islands, Federated States of Micronesia,
Palau, and Guam.
·
Section
8027 authorizes DoD during FY2003 to incur obligations
not to exceed $350,000,000 for purposes specified in 10 U.S.C. 2350j(c), in
anticipation of receipt of contributions only from
·
Section
8052 states that none of the funds appropriated or otherwise made available by
this Act, may be obligated or expended for assistance to the Democratic
People’s
·
Section
8066 states that none of the funds available for DoD during FY2003 may be obligated
or expended to transfer defense articles
or services (other than intelligence services) to another nation or
international organization for specified activities unless the congressional
defense committees, the Senate Foreign Relations Committee, and the House
International Relations Committee are notified fifteen (15) days in advance of
the transfer.
·
The
specified activities include any international peacekeeping, peace-enforcement
or humanitarian assistance operation.
·
This
notification shall include a description of the transfer, value of the
transfer, a statement whether the inventory requirements of all elements of the
Armed Forces for the type of transfer have been met, and whether the items to
be transferred will have to be replaced.
If replacement is required, how does the President propose to provide
the funds for such a replacement?
·
Section
8067 authorizes the Secretary of Defense to issue loan guarantees of up to
$15,000,000,000 in support of
·
Section
8073 authorizes the secretary of Defense during the current fiscal year and
hereafter to waive reimbursement of the cost of conferences, seminars, courses of
instruction, or similar educational activities of the Asia-Pacific Center for Security Studies for military officers and
civilian officials of foreign nations if the Secretary determines that
attendance by such personnel, with reimbursement, is in U.S. national security
interest. The waived costs shall be paid
from appropriations available for the Center.
·
Section
8077, as in prior years, states that none of the funds made available in this
Act may be used to approve or license the sales
of the F-22 advanced tactical fighter to any foreign government.
·
Section
8078 allows the Secretary of Defense, on a case-by-case basis, to waive with
respect to a foreign country each limitation on the procurement of defense items from foreign sources
provided in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative programs entered into between the DoD and the foreign
country, or would invalidate reciprocal
trade agreements for the procurement of defense items entered into under 10
U.S.C. 2531, and the country does not discriminate against the same or similar
defense items produced in the U.S. for that country.
·
This
applies to contracts and subcontracts entered into on or after the date of
enactment of this Act, and
·
For
options for the procurement of items that are exercised after such date under
contracts that are entered into before such date if the option prices are
adjusted for any reason other than the application of a waiver granted under this
Section.
·
Section
8080 states that none of the funds made available by this Act may be used to
support any training program involving a unit of the security forces of a foreign country if the Secretary of Defense
has received credible information from the Department of State that the unit
has committed a gross violation of human rights, unless all necessary
corrective steps have been taken.
·
The
Secretary of Defense, in consultation with Secretary of State, shall ensure
that prior to a decision to conduct any training program involving a security
force unit, full consideration is given to all credible information available
to the Department of State relating to human rights violations by foreign
security forces.
·
The
Secretary of Defense, after consultation with the Secretary of State, may waive
this prohibition if he determines that such a waiver is required by
extraordinary circumstances. Not more
than fifteen (15) days after exercising such a waiver, the Secretary shall
submit a report to the congressional defense committees describing the
extraordinary circumstances, the purpose and duration of the training program,
the
·
Section 8093 states that during FY2003 under
regulations prescribed by the Secretary of Defense, the Center of Excellence for Disaster Management and Humanitarian
Assistance may also pay, or authorize payment for, the expenses of
providing or facilitating education and training for appropriate military and
civilian personnel of foreign countries in disaster management, peace
operations, and humanitarian assistance.
·
Section
8095 directs that $136,000,000 of the funds appropriated under FY2003 Research,
Development, Test, and Evaluation shall be made available for the Arrow missile defense program. FY2002 funding for this program was
$131,700,000. $66,000,000 of this
funding shall be available for continuing the Arrow System Improvement Program
(ASIP), and $70,000,000 shall be available for producing Arrow missile
components in the
Bob Stump National Defense Authorization Act for
Fiscal Year 2003, P.L. 107-314,
·
Reported
out of the House Armed Services Committee as HR4546 on
·
Section
225 directs the amendment of any provision of law, regulation, etc., to replace
the title of Ballistic Missile Defense Organization (BMDO) with the already
implemented title of Missile Defense
Agency (MDA).
·
Section
310 authorizes the FY2003 appropriation of $58,400,000 for Overseas
Humanitarian, Disaster, and Civic Aid Programs.
·
Section
513 authorizes up to ten (10) percent of Overseas Humanitarian, Disaster, and
Civic Aid Programs funding may be used for reserve component members of Special
Operations Command engaged in activities relating to clearance of landmines.
·
Section
901 provides for the new position of Under
Secretary of Defense for Intelligence to be appointed from civilian life by
the President, by and with the advice and consent of the Senate.
·
Section
902 provides for a new Assistant
Secretary of Defense for Homeland Security to be placed within the Under
Secretary of Defense for Policy (USDP) organization.
·
Section
921 requires a report from the Secretary of Defense regarding an implementation
plan for the
·
Section
931 provides authority for the Secretary of Defense to accept, hold,
administer, and spend any gift, including a gift from an international
organization and a foreign gift or donation, as defined by 10 U.S.C. 2611 (f),
that is made on the condition that it is used in connection with the operation
or administration of the National
Defense University (NDU).
·
Section
932 provides authority for the Secretary of Defense, on behalf of the Western Hemisphere Institute for Security
Cooperation, to accept foreign gifts or donations in order to defray the
costs of, or enhance the operation of, the Institute. The Secretary shall notify Congress if this
total exceeds $1,000,000 in any fiscal year.
·
Section
1064 authorizes the Secretary of Defense to establish a National Foreign Language Skills Registry to register those who
have proficiency in one or more critical languages and are willing to provide
linguistic services to the
·
Section
1202 provides authority to pay for certain travel expenses of defense personnel
of a developing country not a member of NATO and that is participating in the Partnership-for-Peace (PfP)
program of NATO. This may be paid in
connection with travel of personnel to the territory of any of the countries
participating in the PfP program or the territory of
any NATO country.
·
Section
1206 requires not later than 15 March 2003 a detailed report from the President
to Congress describing in detail Russian
proliferation of weapons of mass destruction and ballistic missile goods,
technology, expertise, and information, and dual-use items that may contribute
to the development of weapons of mass destruction and ballistic missiles, to
Iran and to other countries of proliferation concern during the year preceding
the year in which the report is submitted.
·
Section
1210 requires not later than 180 days after enactment of this Act the President
to submit a report to Congress regarding the conduct of combined operational
training with
·
Section
1302 authorizes the FY2003 appropriation of funding for the Cooperative Threat Reduction programs
(sometimes referred to as the Nunn-Lugar Program) as follows:
·
Strategic
offensive arms elimination in
·
Strategic
nuclear arms elimination in
·
Nuclear
weapons transportation security in
·
Nuclear
weapons storage security in
·
Activities
designated as “other assessments/administrative support”: $14,700,000.
·
Defense
and military contacts: $18,900,000.
·
Weapons
of mass destruction infrastructure elimination activities in
·
Weapons
of mass destruction infrastructure elimination activities in
·
Chemical
weapons destruction in
·
Biological
weapons proliferation prevention in the former
·
Weapons
of mass destruction proliferation prevention in the States of the former
·
An
additional $83,600,000 is authorized to be appropriated for the above noted
programs.
·
Not
more than fifty (50) percent of this funding may be obligated or expended until
thirty (30) days after the date of the submission of the report required by
Section 1308(a) of the Floyd D. Spence
National Defense Authorization Act for Fiscal Year 2001, P.L. 106-398, 30
October 2000, and the update for the multiyear plan required to be submitted
for FY2001 by Section 1205 of the National
Defense Authorization Act for Fiscal Year
1995, P.L. 103-337, 5 October 1994.
·
No
funds appropriated for the Cooperative Threat Reduction programs for any fiscal
year may be used for the design, planning or construction of a second wing for
a storage facility for Russian fissile material.
·
Section
3151 transfer the DoD Cooperative Threat Reduction program relating to the
elimination of weapons grade plutonium
production in Russia to the Administrator for the National Nuclear Security
Administration to also include, inter alia, the
transfer of the program’s records and any unexpended funds from Fiscal Years
2000 through 2002.
·
Section
3159 directs the Secretary of Energy, in coordination with the Secretary of
State, to pursue in the region of the former Soviet Union and other regions of
concern options for accelerating programs that assist the countries in such
regions in improving their domestic
export control programs for materials, technologies, and expertise relevant
to the construction or use of a nuclear or radiological dispersal device. Of the amount authorized to be appropriated
for the Department of Energy for the National Nuclear Security Administration
for defense nuclear nonproliferation, up to $5,000,000 may be available for
this program.
·
Reported
out the Senate Foreign Relations Committee on
·
Section
104 strongly urges the President to designate within the Department of State, a
coordinator with the rank and status of ambassador who shall be responsible
for:
·
Designing
an overall strategy to advance
·
Ensuring
program and policy coordination among U.S. Government agencies in carrying out
the policies set forth in this Act.
·
Pursuing
coordination with other countries and international organizations with respect
to assistance to
·
Ensuring
that
·
Ensuring
proper management, implementation, and oversight by agencies responsible for
assistance programs with respect to
·
And,
resolving policy and program disputes among
·
Section
108 authorizes the appropriations of $425,000,000 for each Fiscal Year 2003 through
2006 for economic and democratic development assistance for
·
Section
202 authorizes the Section 506, FAA, drawdown
of $300,000,000 in defense articles and services and military education and
training for the Government of Afghanistan to expire
·
They
are participating in military, peacekeeping, or policing operations in
Afghanistan aimed at restoring or maintaining peace and security in
Afghanistan, and
·
Such
assistance is provided specifically for such operations in
·
No
country the government of which has been determined by the Secretary of State
to have repeatedly engaged in gross violations of human rights, or provided support
for acts of international terrorism shall be eligible for this drawdown.
·
This
drawdown authority value shall not count toward any limitation contained in
Section 506, FAA.
·
This
drawdown shall be available without reimbursement to the DoD
except to the extent that funds are appropriated pursuant to an authorization
of appropriation. Subsequent language
authorizes the appropriation of such sums as may be necessary to reimburse the
drawdown.
·
The
President may provide this assistance to any eligible country or international
organization if he determines such assistance is important to the
·
Presidential
Determination 2003-15 of
·
Section
206 directs not later than sixty (60) days after enactment of this Act, a
report to the Committees on Appropriations, the Senate Foreign Relations Committee,
and the House International Relations Committee with:
·
A
strategy for meeting the immediate and long-term security needs of Afghanistan
in order to promote safe and effective delivery of humanitarian and other
assistance throughout Afghanistan, further the rule of law and civil order, and
support the formation of a functioning, representative Afghan national
government, including an update to the strategies submitted pursuant to 2002 Supplemental Appropriations Act for
Further Recovery from and Response to Terrorist Attacks on the United States, P.L.
107-206, 2 August 2002.
·
And,
a description of the progress of the Government of Afghanistan toward the
eradication of poppy cultivation, the disruption of heroin production, and the
reduction of the overall supply and demand for illicit narcotics in Afghanistan
in accordance with the provisions of this Act.
·
Every
six (6) months after the enactment of this Act, through
·
Section
206(e)(1) urges the President to take all appropriate measures to assist
·
Sponsoring
a U.N. Security Council resolution authorizing an expansion of the International Security Assistance Force
(ISAF) or the establishment of a similar security force.
·
And,
enlisting the European and other allies of the
·
Section
206(e)(2) authorizes the annual appropriation of
$500,000,000 for FY2003 and FY2004 to support the ISAF or similar established
force. These funds may be pursuant to
Part II, Chapter 4, FAA (ESF), Section 551, FAA (Peacekeeping Operations), or
Section 23, AECA (FMFP).
2002 Supplemental Appropriations Act for Further
Recovery from and Response to Terrorist Attacks on the United States, P.L. 107-206, 2 August 2002.
·
Reported
out of the House Appropriations Committee on
Title I, Supplemental Appropriations, Chapter 6, Bilateral
Economic Assistance
International Disaster
Assistance
·
$134,000,000
for emergency expenses for activities related to combating international
terrorism, including repairing homes of Afghan citizens that were damaged as a
result of military operations, to remain available until
·
An
additional amount of $50,000,000 for assistance for the West Bank and Gaza to remain available until
Other Bilateral Economic Assistance
Economic Support Fund (ESF)
·
$665,000,000
for emergency expenses related to combating international terrorism to remain
available until
·
$1,000,000
should be made available for programs and activities which support the
development of independent media in
·
$10,000,000
should be made available for the establishment of a pilot academic year youth
exchange program for secondary school students from countries with significant
Muslim populations. This funding is not
meant for similar already established and funded programs.
·
$200,000,000
shall be made available assistance for
·
Table
Seven displays how this remaining $465,000,000 of the FY2002 supplemental ESF
was allocated.
Assistance
for the Independent States of the former
·
$110,000,000
for emergency expenses for activities related to combating international
terrorism to remain available until
International
Narcotics Control and Law Enforcement
·
$117,000,000
for emergency expenses for activities related to combating international
terrorism to remain available until
·
The
funds appropriated should be made available to train and equip a Colombian Armed Forces unit dedicated
to apprehending the leaders of paramilitary organizations.
·
Not
to exceed $6,000,000 may be available for assistance for the Colombian Armed
Forces for purposes of protecting the Cano Limon pipeline.
·
Prior
to the obligation of these funds, the Secretary of State shall submit a report
to the Committees on Appropriations describing:
·
Estimated
oil revenues collected by the Government of Columbia from the pipeline for the
previous twelve (12) months.
·
Amounts
expended during the twelve (12) months by the Government of Colombia and private
companies owning a financial interest in the pipeline for primary health care,
basic education, micro-enterprise and other programs and activities to improve
the lives of the people of
·
Steps
that are being taken to increase and expand support for these programs and
activities.
·
And,
mechanisms that are being established to adequately monitor such funds.
·
Funds
not to exceed $4,000,000 should be made available for law enforcement training
for Indonesian police forces.
·
The Secretary
of State shall inform the Committees on Appropriations at least fifteen (15)
days prior to the obligation of these funds.
·
$3,000,000
of this funding can only be provided if the President designates the funding as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985. This was never done and the funds were never
made available.
Migration
and Refugee Assistance
·
$40,000,000
for emergency expenses for activities related to combating international terrorism
to remain available until
·
The
entire amount can only be provided if the President designates the funding as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985. This was never done and the funds were never
made available.
Nonproliferation,
Anti-Terrorism, Demining, and Related Programs (NADR)
·
$88,000,000
for emergency expenses for activities related to combating international
terrorism to remain available until
·
Funding
not to exceed $12,000,000 should be made available for assistance for
·
Funding
up to $1,000,000 may be made available for small arms and light weapons
destruction in
·
Funding
up to $1,000,000 may be made available for the Nonproliferation and Disarmament
Fund.
·
All
of this funding shall be subject to the regular notification procedures of the
Committees on Appropriations.
·
$5,000,000
of this funding can only be provided if the President designates the funding as
an emergency requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985. This was never done and the funds were never
made available.
Military Assistance
Foreign
Military Financing Program (FMFP)
·
$387,000,000
for emergency expenses for activities related to combating international
terrorism to remain available until
·
Funds
made from this Act for assistance for the Government of Uzbekistan may be made available if the Secretary of State
determines and reports to the Committees on Appropriations that the Government
of Uzbekistan is making substantial and continuing progress in meeting its
commitments under the Declaration on the Strategic Partnership and Cooperation
Framework between the Republic of Uzbekistan and the United States of America.
·
$2,000,000
may be obligated for necessary expenses, including the purchase of passenger
motor vehicles for use outside of the
·
$30,000,000
of this funding for the Philippines
can only be provided if the President designates the funding as an emergency
requirement as defined in the Balanced
Budget and Emergency Deficit Control Act of 1985. This was never done and the funds were never
made available to the
·
Table
Three displays how this remaining $357,000,000 of the FY2002 supplemental ESF
was allocated.
·
The
Secretary of State shall inform the Committees on Appropriations at least
fifteen (15) days prior to the obligation of this funding.
Peacekeeping
Operations (PKO)
·
$20,000,000
for emergency expenses for activities related to combating international
terrorism to remain available until
·
Table
Nine reflects the allocation of this FY2002 supplemental PKO funding.
Title II,
American Service-Members’ Protection Act
of 2002, P.L. 107-206,
·
On
·
Since
the adoption in
·
During
testimony to Congress, Ambassador David Scheffer, the
lead U.S. negotiator, has stated that the U.S. cannot sign the Rome Statute
because certain critical U.S. objectives had not been achieved leaving the U.S.
“with consequences that do not serve the cause of international justice.”
·
The
Ambassador further stated, ”Multinational peacekeeping
forces operating in a country that has joined the treaty can be exposed to the
Court’s jurisdiction even if the country of the individual peacekeeper has not
joined the treaty. Thus, the treat
purports to establish an arrangement whereby
·
The
President of the previous administration directed that the
·
Section
2003 provides the President with a variety of waiver authorities all requiring
determinations and notifications with reports to the appropriate congressional
committees.
·
Section
2003(e) terminates all prohibitions and authorities of this Act if the
·
Section
2004 prohibits any cooperation with the International Criminal Court (Court) by
any
·
There
will be no providing of support to the Court.
·
There
will be no extradition of a
·
No
funds appropriated under any provision of law may be used to assist the Court.
·
The
·
No
agent of the Court may conduct any investigative activity in the
·
Section
2005 directs that the President should use the voice and vote of the U.S. in
the U.N. Security Council to ensure each resolution authorizing any
peacekeeping operation or peace enforcement operation under the Charter of the
U.N. permanently exempts, at a minimum, members of the U.S. armed forces
participating in such operations any action by the Court for actions undertaken
by such U.S. personnel in connection with operation. Members of the
·
Section
2006 prohibits the direct or indirect transfer of classified national security
information and law enforcement information to the Court for the purpose of
facilitating an investigation, apprehension, or prosecution.
·
Section
2007 prohibits the providing of military
assistance to any country that is a party to the Court.
·
The
President may waive this prohibition if he determines without prior notice to
Congress that it is important to
·
This
prohibition of assistance shall not apply to the governments of NATO countries,
a major non-NATO ally (including
·
The
President may, without prior notice to Congress, also waive this prohibition for
military assistance with respect to a particular country if he determines and
reports to the appropriate congressional committees that such country has
entered into an agreement with the U.S. pursuant to Article 98 of the Rome
Statute preventing the court from proceeding against U.S. personnel present in
such country.
·
Article
98 of the Statute is entitled Cooperation
with respect to waiver of immunity and consent to surrender. Section 1.
“The Court may not proceed with a request for surrender or assistance
which would require the requested State to act inconsistently with its
obligations under international law with respect to the State or diplomatic
immunity of a person or property of a third State, unless the Court can first
obtain the cooperation of that third State for the waiver of the
immunity.” Section 2. “The court may not proceed with a request for
surrender which would require the requested State to act inconsistently with
its obligations under international agreements pursuant to which the consent of
a sending State is required to surrender a person of that State to the Court,
unless the Court can first obtain the cooperation of the sending State for the
giving of consent for the surrender.”
·
The
Department of State is presently working through diplomatic channels to obtain
the individual “Court Article 98
agreements” with each country before the Statute effective date of
·
Section
2008 authorizes the President to use all means necessary and appropriate to
bring about the release of any U.S. military, elected or appointed USG
personnel, or other persons working for or employed by the USG who is being
detained or imprisoned by, on behalf of, or at the request of the Court. This also applies to the same named
individuals with NATO countries, major non-NATO allies, and
Gerald B. H. Solomon Freedom Consolidation Act
of 2002, P.L. 107-187,
·
Reported
out of the House International Relations Committee on
·
Some
of the findings noted by Congress in Section 2 of the legislation include:
·
In
the NATO Enlargement Facilitation Act of
1996, P.L. 104-208,
·
In
the European Security Act of 1998,
P.L. 105-277, 21 October 1998, that Poland, Hungary, and Czech Republic should
not be the last emerging democracies in Central and Eastern Europe invited to
join NATO and that Romania, Estonia, Latvia, Lithuania, and Bulgaria would make
an outstanding contribution to furthering the goals of NATO … and upon complete
satisfaction of all relevant criteria should be invited to become full NATO
members at the earliest possible date.
·
On
·
Section
4 designates Slovakia as eligible to
receive priority in delivery of Section 516, FAA, grant EDA in accordance with
Section 203(a) of the NATO Participation
Act of 1994.
·
Section
5 authorized FY2002 Section 23, AECA,
FMFP assistance to be available on a grant basis as follows:
·
$6,500,000
for
·
$7,000,000
for
·
$7,500,000
for
·
$8,500,000
for
·
$$4,500,000
for
·
$10,000,000
for
·
$11,500,000
for
·
Table
Three provides the FY2002 allocations, FY2003 request, and FY2003 initial FMFP
allocation for the above countries.
Conclusion
This year’s article includes the description and analysis of eight
(8) separate pieces of enacted security assistance related legislation. The Administration’s request for FY2003
security assistance funding was generally met, especially with a fourteen (14)
percent growth in IMET funding. Most of
the deficit in requested versus appropriated funding was absorbed by the ESF
program with a $209,918,000 difference and the directed 0.65 percent
across-the-board rescission costing the FY2003 security assistance program an
overall $42,654,000. For the first time
in several years, this article was also able to provide the initial country and
program funding allocations for ESF, FMFP, IMET, and PKO.
The
security assistance funding focus continues for the countries in Eastern and
Other
than funding, the FY2003 foreign operations appropriations act provided no
significant changes in security assistance.
The major changes were within the Security
Assistance Act of 2002, Division B, P.L. 107-228,
The
Acknowledgements
The efforts and valued support of others aided in the preparation
of this article and they must be recognized.
The review of the manuscript by our Defense Security Cooperation Agency
(DSCA) colleagues,
About
the Author
Ken Martin has been at DISAM for over fourteen years as an
associate professor for the management of security assistance. In addition to teaching, his duties include
being the legislation and policy functional manager and the editor for the
annually republished DISAM “green textbook,” The Management of Security Assistance.
He is a retired U.S. Navy surface warfare officer. His education includes an undergraduate
degree in the field of economics from the Illinois Institute of Technology in