Fiscal Year 2005 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
The FY2005 appropriations season included
three continuing resolutions (CRs) with the last one, P.L. 108-434, expiring at
midnight, 8 December 2004; four annual appropriations; and one consolidated
appropriation enacted on 8 December. The
four annual appropriations included P.L. 108-287 for DoD, P.L. 108-324 for
military construction, P.L. 180-334 for Homeland Security, and P.L. 108-335 for
the
Table One
Fiscal Year 2005 Security Assistance Funding
($ in millions)
House Senate Initial
Budget HR4812 S2812 P.L.
108-447
Program Request Proposal Proposal Appropriation
FMFP $4,957.500 $4,777.500 $4,777.500 $4,783.500
IMET 89.730 89.730 89.730 89.730
ESF 2,520.000 2,468.500 2,470.000 2,501.000
PKO 104.000 104.000 104.000 179.000
Total $7,671.230 $7,439.730 $7,441.230 $7,553.230
Note: Does not include the directed 0.80 percent rescission of $60,426,000.
Because of budgetary considerations, FY2005 is the third year in a row that a last minute across-the-board rescission (or reduction) was applied. Exempting the earlier enacted appropriations for DoD, military construction, and Homeland Security plus any enacted supplemental appropriation for FY2005; Section 122, Division J, P.L. 108-447, rescinded 0.80 percent of already enacted FY2005 appropriations to be applied proportionately to each discretionary account and each item of budget authority described in such subsection; and within each such account and item, to each program, project, and activity. This affected the FY2005 security assistance programs with an overall reduction of $60,426,000 (refer to later Table Two).
While the foreign operations appropriations for FY2005 were passed and enacted during the first quarter of the fiscal year, for all practical purposes, the funding for the fourth year in a row was not generally available by allocation until the second quarter of the affected fiscal year. FY2005 also marks the fourth year in a row that an emergency supplemental appropriation was enacted. Titles IX and X of Department of Defense Appropriations Act, 2005, P.L. 108-287, 5 August 2004, provided about $25,000,000,000 in emergency funding mostly for continuing DoD military operations and security cooperation programs in Southwest Asia and limited State Department assistance authorities both in the Middle East and the Darfur region of Sudan. The Administration and the 109th Congress are presently working on a second emergency supplemental for FY2005 in excess of $80,000,000,000 contained within HR1268.
The FY2005 security assistance program, for
the second year in a row, experienced a gap in funding authorization
legislation. Division B of S2144, Foreign Assistance Authorization Act, Fiscal
Year 2005, was reported out of the 108th Congress Senate Foreign
Relations Committee (SFRC), but no further action was taken. There was no similar action in the
House. The 109th Congress
SRFC has already reported out S600, Foreign
Affairs Authorization Act, Fiscal Years 2006 and 2007, with S. Rpt.
109-035,
The following six pieces of legislation
are to be further analyzed in this article as they relate to the
· Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005, Division D, P.L. 108-447, 8 December 2004.
·
Department
of Defense Appropriations Act, 2005, P.L. 108-287,
·
Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005, P.L.
108-375,
·
Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005, Division B, P.L. 108-447,
·
Intelligence
Reform and Terrorism Prevention Act (IRTPA) of 2004, P.L. 108-458,
·
Military
Construction Appropriations and Emergency Hurricane Supplemental Appropriations
Act, 2005, P.L. 108-324,
Reference
Sources
The following abbreviated titles will assist in identifying principal sources of information used in this article. The laws and associated congressional reports can be viewed at the Library of Congress “Thomas” webpage located at http://thomas.loc.gov.
·
FAA: Foreign Assistance Act of 1961, as
amended, Public Law (P.L.) 87-195,
·
P.L. 87-510:
Migration and Refugee Act of 1962,
P.L. 87-510,
·
AECA: Arms Export Control Act, as amended,
P.L. 94-329,
·
P.L. 91-672, Foreign
Military Sales Act Amendments, 1971, P.L. 91-672,
·
P.L. 96-8:
·
P.L. 96-533:
International Security and
Development Cooperation Act of 1980, P.L. 96-533,
·
P.L. 96-533:
Peace Corps Act, Title VI,
P.L. 96-533,
·
P.L. 99-177:
Balanced Budget and Emergency
Deficit Control Act, P.L. 99-177,
·
P.L. 99-239:
Compact of Free Association, P.L.
99-239,
·
P.L. 99-415:
Anglo-Irish Agreement Support Act
of 1986, P.L. 99-415,
·
P.L. 101-179:
Support for East European
Democracy (SEED) Act of 1989, P.L. 101-179,
·
P.L. 101-508:
Omnibus Budget Reconciliation Act
of 1990, P.L. 101-508,
·
P.L. 101-513:
·
P.L. 102-511:
Freedom for
·
P.L. 103-87:
Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1994, P.L. 103-87,
·
P.L. 104-106:
National Defense Authorization
Act, Fiscal Year 1996, P.L. 104-106,
·
P.L. 104-164:
To amend the Foreign Assistance
Act of 1961 and the Arms Export Control Act, to make improvements to certain
defense and security assistance provisions under those Acts, to authorize the
transfer of naval vessels to certain foreign countries, and for other purposes,
P.L.104-164,
·
P.L. 105-85:
National Defense Authorization Act
Fiscal Year 1998, P.L. 105-85,
·
P.L. 105-261:
Strom Thurmond National Defense
Authorization Act, Fiscal Year 1999, P.L. 105-261,
·
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. 107-57, 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 (ASPA), 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. 107-240:
Continuing Appropriations for the
Fiscal Year 2004, and for Other Purposes, P.L. 107-240,
·
P.L. 107-245:
·
P.L. 107-248:
Department of Defense
Appropriations Act, 2003, P.L. 107-248,
·
P.L. 107-306:
Intelligence Authorization Act for Fiscal Year 2003, P.L. 107-306,
·
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,
·
P.L. 108-84:
Continuing Appropriations for the
Fiscal Year 2004, and for Other Purposes, P.L. 108-84,
·
P.L. 108-87:
Department of Defense
Appropriations Act, 2004, P.L. 108-87,
·
P.L. 108-106:
Emergency Supplemental
Appropriations Act for Defense and the Reconstruction of
·
P.L. 108-132:
Military Construction
Appropriations Act, 2004, P.L. 108-132,
·
P.L. 108-136:
National Defense Authorization
Act, Fiscal Year 2004, P.L. 108-136,
·
P.L. 108-199:
Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 2004, Division
B, P.L. 108-199,
· P.L. 108-199: Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004, Division D, P.L. 108-199, 23 January 2004.
·
P.L. 108-287:
Department of Defense
Appropriations Act, 2005, P.L. 108-287,
·
P.L. 108-309:
Making Continuing Appropriations
for the Fiscal Year 2005, and for Other Purposes, P.L. 108-309,
·
P.L. 108-324:
Military Construction
Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005, P.L.
108-324,
·
P.L. 108-334:
Department of Homeland Security Appropriations Act, 2005,
P.L. 108-334,
·
P.L. 108-335:
·
P.L. 108-375:
Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005, P.L. 108-375,
·
P.L. 108-447:
Consolidated Appropriations Act,
2005, P.L. 108-447,
·
P.L. 108-447:
Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 2005, Division
B, P.L. 108-447,
· P.L. 108-447: Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005, Division D, P.L. 108-447, 8 December 2004.
·
P.L. 108-458:
Intelligence Reform and Terrorism
Prevention Act (IRTPA) of 2004, P.L. 108-458,
·
P.L. 108-458:
9/11 Commission Implementation Act
of 2004, Title VII, P.L. 108-458,
·
P.L. 108-458:
Legislation for Fiscal Year 2005
Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 2005, Division
D, P.L. 108-447, 8 December 2004
·
Enacted as Division D of the Consolidated Appropriations Act, 2005,
P.L. 108-477,
·
However, Division J, Section 122, of the same
P.L. 108-447 directed an across-the-board rescission (reduction) of 0.80
percent to discretionary accounts provided in FY2005 regular appropriations
acts. Excluded from this directed
rescission were any FY2005 supplemental appropriations act and three of the
four previously enacted FY2005 appropriations were:
·
Department
of Defense Appropriations Act, 2005, P.L. 108-287,
·
Military
Construction Appropriations and Emergency Hurricane Supplemental Appropriations
Act, 2005, P.L. 108-324,
·
Department
of Homeland Security Appropriations
Act, 2005, P.L. 108-334,
The fourth
earlier enacted appropriation not exempted from the rescission action is the District of Columbia Appropriations Act,
2005, P.L. 108-335,
· Similar to prior fiscal years, the rescission is to be applied proportionately to each discretionary account and each item of budget authority described in such subsection and within each such account and item, to each program, project, and activity. The FY2005 rescission of 0.80 percent can be compared to the FY2004 rescission of 0.59 percent and the FY2003 rescission of 0.65 percent.
· Table Two displays the total rescission of $60,426,000 for the four FY2005-appropriated security assistance programs reducing the total appropriation to $7,492,804,000.
Table Two
FY2005 Security Assistance Appropriations
and Rescissions (P.L. 108-447)
Program Initial
Appropriation Rescission Final Appropriation
FMFP $4,783,500,000 $38,268,000 $4,745,232,000
IMET 89,730,000 718,000 89,012,000
ESF 2,501,000,000 20,008,000 2,480,992,000
PKO 179,000,000 1,432,000 177,568,000
Total $7,553,230,000 $60,426,000 $7,492,804,000
Title III, Military Assistance,
Foreign Military Financing Program
· Initially appropriated $4,783,500,000 as Foreign Military Financing Program (FMFP) grant assistance to carry out the provisions of Section 23, AECA. The 0.80 percent rescission amounted to $38,268,000 reducing the entire program to $4,745,232,000 available for country or program allocation.
· The Administration’s FY2005 FMFP request was $4,957,500,000 with both House and Senate proposals being $4,777,500,000.
·
Both versions additionally authorized up to
$150,000,000 for
· The two legislated earmarks for FMFP funding included:
·
Not less than $2,220,000,000 for
·
After rescission,
· This is the seventh 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 $120,000,000 in ESF assistance towards achieving Israel’s goal of receiving no ESF from the U.S. beginning in FY2009.
· As in prior years, to the extent Israel requests that funds be used for such purposes, funds made available to Israel shall, as agreed upon by Israel and the U.S., be available for advanced weapons systems, of which not less than $580,000,000 shall be available for procurement in Israel of defense articles and services, to include research and development. This is $12,000,000 greater than authorized for FY2004.
·
Not less than $1,300,000,000 for
·
After rescission,
·
As was with past authorities, any FMFP funds
outlayed for
·
Before rescission and not including the
· While no other earmarking language was used in the Act or its conference report, H. Rpt. 108-792, the conference report did indicate how the funds are to be allocated with any reprogramming of FMFP, et al., to be done in accordance with Section 634A, FAA. This includes a fifteen day notification to the two congressional appropriations committees (HAC and SAC) and the Senate Foreign Relations (SFRC) and House International Relations Committees (HIRC) in advance of obligation whenever the reprogramming exceeds $1,000,000 and the total amount to be obligated by the country exceeds by more than $5,000,000 the amount initially notified to Congress for allocation in accordance with Section 653(a), FAA.
·
$206,000,000 should be made available for
·
Not more than $2,000,000 may be made available
for
· The protection of human rights, especially preventing acts of torture,
·
The protection of civilians in northern and
eastern
· The professionalization of the Ugandan armed forces.
·
No FY2005 FMFP funding for Sudan and Guatemala. Last
year’s prohibition also included
·
No FMFP funding may be made available for
· FMFP may be used for demining, the clearance of unexploded ordnance, and related activities, and may include activities implemented through nongovernmental and international organizations.
· As in prior years, only those countries for which was justified for FMFP in FY1989 congressional presentation for security assistance may use FY2005 FMFP funds for procurement of defense articles and services or design and construction services that are not sold by the U.S. government under the AECA.
·
This includes the countries of
·
Not more than $40,000,000 may be obligated for
necessary expense, including the purchase of passenger vehicles for replacement
only for use outside the
· Not more than $367,000,000 of the non-appropriated FMS administrative fund may be obligated for expenses incurred by DoD during FY2005 pursuant to Section 43(b), AECA. This ceiling may be exceeded only through regular notification procedures of the two appropriations committees. The authorized ceiling for FY2004 was $361,000,000.
·
Table Three provides the FY2005 FMFP allocations
which were notified to Congress on
·
It must be noted that the FY2004 funding column
includes
·
Additionally, the FY2004 funding column does not
reflect the authorized but not used and now expired $550,000,000 FMFP direct loan
to the Czech Republic for the
purpose of purchasing aircraft from the U.S. or the support of purchased
U.S.-origin aircraft. This was
authorized by H.J. Res. 69, P.L. 108-84,
Table Three
Foreign
Military Financing Program (FMFP)
FY2005
Funding Allocations
($ in
millions)
FY2004 FY2005 FY2005
Actual Budget Initial
Country/Program by FMFP Justification FMFP
Geographical Region Allocation Request Allocation
NEAR EAST
Sub Total $3,728.580 $3,816.000 $3,769.848
Sub Total $191.008 $217.200 $211.692
WESTERN HEMISPHERE
Colombia 98.450 108.000 99.200
Guyana 0.095 0.100 0.099
Haiti 0.295 0.300 0.298
Honduras 2.375 1.500 0.992
Jamaica 0.597 0.600 0.595
Nicaragua 0.938 0.500 0.496
Eastern
Sub Total $119.614 $126.500 $112.394
African Coastal and
Border Security $0.000 $4.000 $3.968
Military Health Affairs 1.490 2.000 1.984
Sub Total $20.947 $22.000 $26.288
Sub Total $24.676 $32.000 $35.712
Supplemental 287.000
ERF 77.000
Sub Total $494.735 $701.500 $547.832
GLOBAL
EIPC $1.990 $1.800 $1.786
FMFP Administrative Costs 40.260 40.500 39.680
Sub Total $42.250 $42.300 $41.466
Total Allocation $4,621.810 $4,957.500 $4,745.232
Rescission $25.335 _________ $38.268
Total Appropriation $4,647.145 $4,957.500 $4,783.500
Notes:
· EIPC is Enhanced International Peacekeeping Capabilities.
·
·
Afghanistan Emergency Response Fund (ERF) was
originally appropriated by P.L.107-38,
Title III, Military Assistance,
International Military Education and Training
· Initially appropriated $89,730,000 as International Military Education and Training (IMET) grant assistance to carry out the provisions of Section 541, FAA, of which $3,000,000 may remain available until expended. The mandated rescission of 0.80 percent amounted to $718,000 reducing the total grant program for the year to $89,012,000.
· The original Administration IMET request was $89,730,000 and agreed upon by both the House and the Senate.
· As in the past years, civilian personnel for whom IMET funding may be provided may include civilians who are not members of a government who participation would contribute to improved civil-military relations, civilian control of the military, or respect for human rights.
·
IMET funding for
·
The House initially proposed that
·
The conference report also supported additional
IMET funding for
·
The House committee report encouraged additional
IMET support to
·
Table Four provides the FY2005 IMET allocations
which were notified to Congress on
Table Four
International
Military Education and Training (IMET)
FY2005
Funding Allocations
($ in
thousands)
FY2004 FY2005 FY2005
Actual Budget Initial
Country/Program by IMET Justification IMET
Geographical Region Allocation Request Allocation
NEAR EAST
Sub Total $12,215 $12,375 $12,375
Malta 00 125 00
Moldova 1,225 900 900
Poland 2,283 2,000 2,000
Portugal 752 850 850
Romania 1,529 1,500 1,500
Sub Total $35,548 $32,720 $32,395
WESTERN HEMISPHERE
Eastern
Guatemala 504 300 350
Guyana 359 300 300
Haiti 235 150 150
Honduras 1,309 1,100 1,100
Jamaica 700 700 700
Mexico 1,275 1,250 1,250
Nicaragua 779 600 600
Panama 558 600 600
Paraguay 00 250 250
Sub Total $13,436 $14,390 $14,065
African Union $00 $00 $50
Democratic
Rep. of the
ECOWAS 00 100 100
Kenya 638 650 650
Lesotho 00 50 50
Madagascar 333 200 200
Malawi 415 360 360
Mali 00 175 175
Mauritania 234 130 130
Mauritius 144 125 125
Mozambique 243 215 215
Namibia 00 100 100
Niger 00 100 100
Nigeria 00 800 800
Republic
of the
Sao Tome and Principe 188 200 200
Senegal 1,188 1,100 1,100
Seychelles 98 100 100
Sierra Leone 416 300 300
Sub Total $11,173 $10,775 $10,807
Solomon Islands 45 150 150
Sub Total $8,643 $9,545 $9,445
Sub Total $5,566 $6,425 $6,425
GLOBAL
E-IMET schools $3,360 $3,000 $3,000
IMET
general costs 650 500 500
No-Year/Carry forward 718 ______ ______
Sub Total $4,578 $3,500 $3,500
Total Allocation $91,159 $89,730 $89,012
Rescission $541 _______ $718
Total Appropriation $91,700 $89,730 $89,730
Notes:
· ECOWAS is Economic Community of West African States.
· E-IMET is Expanded IMET.
·
P.L.108-199,
Title II, Other Bilateral
Economic Assistance, Economic Support Fund
·
Initially appropriated $2,482,500,000 as
Economic Support Fund (ESF) grant assistance, to remain available until
· The ten legislated earmarks, which include the terms “shall,” “should,” or “may” in determining appropriated funding usage, for FY2005 ESF appropriations include:
·
Not less than $360,000,000 for
·
After the rescission,
·
As previously noted in the FMFP funding for
· Not less than $535,000,000 for Egypt of which sum cash transfer assistance shall be provided with the understanding that Egypt will undertake significant economic reforms which are additional to those which were undertaken in previous fiscal years, “and of which $200,000,000 should be provided as Commodity Import Program assistance.”
· The language for the Commodity Import Program for FY2005 was modified from prior years in that “…not less than $200,000,000 shall be provided…” was not used.
·
The conference report does not include the
Senate proposed language that assistance be provided for
·
The conference agreement, however, includes the
Senate proposal that democracy and governance activities shall not be subject
to the prior approval of the government of
·
After the rescission,
·
Not less than $250,000,000 should be available
for
·
After the rescission,
·
The conference agreement did not include the
Senate proposal for providing assistance to the
·
Specifically, $13,500,000 for
·
After rescission, the
·
Specifically, $35,000,000 for
·
After rescission, the
·
Not more than $200,000,000 of ESF appropriations
may be used for the costs of modifying direct loans and guarantees for
·
The Administration requested $300,000,000 for
·
The funding made available for the costs of
modifying direct loans guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to
· Not less than $22,000,000 shall be made available to the Democratic Republic of Timor-Leste of which up to $1,000,000 may be available for administrative expenses of the U.S. Agency for International Development (USAID).
· The Administration requested $13,500,000 for Timor-Leste and, after rescission, $21,824,000 was initially allocated.
·
Of any ESF funding made available for
·
The Administration requested $70,000,000 for
· The conference agreement did not include the Senate proposal that $2,000,000 shall be available for economic development programs conducted by Indonesian universities; however, the managers expected funding should be provided for this purpose.
·
The managers expect USAID to provide sufficient
funding for democracy building in
·
The managers also expect currently unobligated
funds for police training in
· $5,000,000 shall be made available to continue to support the provision of wheelchairs for needy persons in developing countries. The Senate originally proposed $10,000,000.
· The Administration did not request funding for wheelchairs and, after rescission, $4,960,000 was initially allocated.
·
$18,500,000 shall be made available as the
· The Administration requested $8,500,000 in FY2005 ESF funding for this international fund, and after rescission, $18,352,000 was initially allocated. Additionally, the Administration requested $3,500,000 in ESF for the Irish Visa Program and, after rescission, $3,472,000 was initially allocated.
· $1,442,000,000 of FY2005 funding appropriated for ESF was earmarked. This amounted to about 58 percent of the $2,501,000,000 appropriated for the program.
· An unspecified amount of ESF funding may be used to provide assistance to the National Democratic Alliance of Sudan to strengthen its ability to protect civilians from attacks, slave raids, and aerial bombardments by the Sudanese government forces and its militia allies. This funding shall be subject to the regular notification procedures of the congressional appropriations committees.
· This assistance is specifically defined to include non-lethal, non-food aid such as blankets, medicine, fuel, mobile clinics, water drilling equipment, communications equipment to notify civilians of aerial bombardment, on-military vehicles, tents, and shoes.
·
The Administration requested $20,000,000 for
·
Any ESF funding made available for a Middle East
Financing Facility, Middle East Enterprise, or any other similar entity in the
· With respect to FY2005 ESF funding and prior fiscal years’ ESF, 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 those funds and the amount of each such program, shall be the responsibility of the Secretary of State and the Deputy Secretary of State. This responsibility shall not be delegated.
·
The conference agreement did not include the
House proposal of $50,000,000 in ESF for
·
The Administration did not request any FY2005
ESF assistance for
· The conference agreement did not include the Senate proposed language that would have authorized up to $4,500,000 for scholarship programs for students from countries with significant Muslim populations at accredited American institutions of higher learning. The managers expressed that sufficient authority already exists to fund such scholarships. The managers direct the Department of State to review such a proposal and, based on this review, to recommend, as a part of the FY2006 budget request, how such a program (to also include elementary and secondary school students) could be effectively funded and managed by the U.S. government.
· The conference agreement did not include $2,500,000 for technical assistance to implement the Kimberly Process Certification Scheme. However, the agreement indicates that $1,750,000 should be made available for this purpose.
· In response to U.N. Security Council resolutions regarding the control of conflict diamonds (mined and sold to finance government overthrows, terrorism, and any related human rights violations) on the world market place, the 107th Congress originally introduced HR 2722, Clean Diamond Trade Act, to support and financially support countries in stopping the trade in conflict diamonds. HR 2722 was never passed. It was not until FY2003 that ESF assistance of $2,000,000 was appropriated by Division E, P.L. 108-7, for the expressed support of the Kimberly Process. The FY2004 ESF appropriation, Division D, P.L. 108-199, for this program was $1,500,000.
· The Administration did not request FY2005 ESF for this program; however, after rescission, $1,736,000 was initially allocated.
·
The conference agreement did not include the
Senate proposal of providing ESF for environment
initiatives in the
· The Administration did not request FY2005 ESF funding for the initiatives; however, after rescission, $1,736,000 was initially allocated.
· The conference agreement did not include the Senate proposed language for specified ESF funding levels for Kenya and Liberia; however, the report did provide for ESF to the two countries.
·
The Administration requested $8,000,000 and
$25,000,000 for
·
The conference agreement did not include a
Senate provision that not less than $500,000 should be available for the Commission to Investigate Illegal Groups
and Clandestine Security Apparatus in
· And finally, the conference agreement did not include the Senate proposed language to provide funding for the Foundation for Security and Sustainability, with the managers indicating that $3,000,000 be provided.
· The Administration did not request FY2005 funding for this program; however, after rescission, $2,976,000 was initially allocated.
·
Table Five provides the FY2005 ESF allocations which
were notified to Congress on
·
It must be noted that the FY2004 funding column
includes
Table Five
Economic
Support Fund (ESF)
FY2005
Funding Allocations
($ in
thousands)
FY2004 FY2005 FY2005
Country/Program by ESF Budget ESF
Geographical Region Allocation Request Allocation
NEAR EAST
Supplemental 100,000
ME Multilaterals 00 2,000 1,984
ME Partnership Initiative 89,469 150,000 74,400
ME Regional Cooperation 5,467 5,000 4,960
NED Muslim Democracy 3,479 00 3,968
West Bank/Gaza 74,558 75,000 74,400
Sub Total $1,616,500 $1,449,000 $1,364,992
Int’l Fund for
Irish Visa Program 3,479 3,500 3,472
Sub Total $70,290 $75,500 $35,216
WESTERN HEMISPHERE
Administration of Justice 4,424 00 00
Hemispheric Cooperation 6,941 00 00
Peru-Ecuador Peace 3,976 4,000 2,976
Regional Anticorruption Initiatives 00 3,000 2,976
Third Border Initiative 4,976 9,000 8,928
Trade Capacity Building 00 8,500 19,840
Sub Total $148,908 $92,000 $145,824
Democratic
NED Democracy Programs 2,982 00 3,472
Regional Organizations 2,982 1,000 992
Safe Skies 4,971 5,000 3,472
Sub Total $74,061 $101,250 $104,160
ASEAN 994 2,500 744
Environmental Programs 1,740 00 1,736
NED Democracy Programs 2,982 00 3,968
Regional Security Fund 00 250 248
Regional Women’s Issues 1,988 1,000 992
South Pacific Fisheries 17,894 18,000 17,856
Sub Total $159,055 $174,250 $186,496
ERF 153,000
Supplemental 672,000
Supplemental 200,000
Sub Total $1,138,329 $564,000 $556,512
GLOBAL
Disability Programs $00 $00 $2,480
Human Rights and
Democracy Fund 34,296 27,000 36,704
Muslim Outreach 20,000
Oceans, Environment, and
Science Initiative 3,976 3,000 2,480
Other Programs 12,426 00
Partnership to Eliminate
Sweatshops 1,988 2,000 1,984
Reconciliation Programs 7,953 00 11,904
Security and Sustainability
Programs 2,982 00 2,976
Trafficking in Persons 12,427 12,000 24,304
Wheelchairs 4,971 00 4,960
Sub Total $81,019 $64,000 $87,792
Total Allocation $3,288,162 $2,520,000 $2,480,992
Rescission $12,691 _________ $20,008
Total Appropriation $3,300,853 $2,520,000 $2,501,000
Notes:
· NED is National Endowment for Democracy.
·
Afghanistan Emergency Response Fund (ERF) was
originally appropriated by P.L.107-38,
·
·
ASEAN is Association of Southeast Asian Nations
with ten member countries to include
Title III, Military Assistance,
Peacekeeping Operations
·
Initially appropriated $104,000,000 as
Peacekeeping Operations (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 congressional
appropriations committees. Later Section
569(g) of this Act appropriated an additional $75,000,000 as PKO specifically
to support peace and humanitarian intervention operations for
· Overall, the Administration’s original request for FY2005 PKO funding of $104,000,000 was mutually agreed upon by both the House and the Senate.
· The conference agreement did not include the Senate provision authorizing the transfer of Department of Defense funding to the Department of State for military or security assistance to enhance the capability of countries to participate in international peacekeeping or peace enforcement operations.
·
Table Six provides the FY2005 PKO funding
allocations which were notified to Congress on
·
It must be noted that $50,000,000 in emergency
supplemental FY2004 PKO was also provided by P.L. 108-106,
Table Six
Peacekeeping Operations (PKO)
FY2005 Funding Allocations
($ in thousands)
FY2004 FY2005 FY2005
Country/Program by PKO Budget PKO
Geographical Region Allocation Request Allocation
African COTA 15,410 15,000 14,880
Supplemental 5,000 _______ ________
Sub Total $30,171 $60,000 $133,192
Sub Total $17,550 $00 $00
OSCE
OSCE
OSCE Kosovo 7,000 00 00
OSCE Regional 8,014 2,500 2,400
Sub Total $34,814 $2,500 $2,400
NEAR EAST
Multinational Force and
Observers (MFO-Sinai) $16,213 $16,500 $16,456
Sub Total $21,213 $16,500 $16,456
Afghanistan $00 $24,000 $23,800
Supplemental 20,000
Sub Total $20,000 $25,000 $24,520
WESTERN HEMISPHERE
Sub Total $710 $00 $00
Total Allocation $124,458 $104,000 $177,568
Rescission $442 ______ $1,432
Total Appropriation $124.900 $104,000 $179,000
Notes:
·
Emergency supplemental funding for peacekeeping
operations was appropriated by P.L.108-106,
· COTA is Contingency Operations Training and Assistance.
·
OSCE is Organization for Security and
Cooperation in
Other Division D, P.L. 108-447,
Assistance Programs for FY2005
The following includes FY2005 appropriations for assistance programs funded by Division D, P.L. 108-447. Unless noted otherwise, the funding for each program does not include the directed 0.80 percent rescission. When possible, specific country and program allocation tables are included.
Title II, Bilateral Assistance
Development Assistance
·
$1,460,000,000 for development assistance to
remain available until
International Disaster and Famine Assistance
·
$335,500,000 for international disaster relief,
rehabilitation, and reconstruction assistance to remain available until
expended. An additional $34,500,000 to
remain available until expended for necessary expenses for assistance for
famine prevention and relief, including the mitigation of the effects of
famine.
·
Later Section 569(g) of this Act appropriates an
additional amount of $18,000,000 for humanitarian assistance and related
activities in
Transition Initiatives
· $49,000,000 to remain available until expended to support transition to democracy and to long-term development of countries in crisis, pursuant to Section 491, FAA.
·
With a presidential
Capital Investment Fund
·
$59,000,000 to remain available until expended
for USAID overseas construction and related costs, and for the procurement and
enhancement of information technology and related capital investments pursuant
to Section 667, FAA.
Assistance for
· $396,600,000 to remain available until 30 September 2006 to carry out the provisions of the FAA and the Support for East European Democracy (SEED) Act of 1989, P.L. 101-179, 28 September 1989. Applying the mandated 0.80 percent rescission reduces the amount by $3,173,000 bringing the total available for allocation to $393,427,000.
·
$2,000,000 of these funds should be used to
enhance safety at nuclear power plants in
· These funds shall be considered economic assistance for purposes of making available the administrative authorities contained in the FAA for the use of economic assistance.
· Table Seven provides the initial FY2005 allocations in support of the SEED Act assistance. For comparison, the FY2004 final allocations and the Administration’s FY2005 request for SEED Act assistance funding are also provided.
Table Seven
Assistance
for
FY2005
Funding Allocations
($ in
millions)
FY2005
FY2004 Budget FY2005
Actual Justification Initial
Country/Program Allocation Request Allocation
Kosovo 78.534 72.000 75.000
Regional SEED 37.775 59.000 47.827
Total Allocation $442.375 $410.000 $393.427
Rescission $2.625 ________ $3.173
Total Appropriations $445.000 $410.000 396.600
Notes:
·
SEED is Support
for East European Democracy (SEED) Act of 1989, P.L.101-179,
·
For FY2005,
Assistance for the Independent States of
the Former
· $560,000,000 to remain available until 30 September 2006 to carry out the provisions of the Freedom for Russia and Emerging Eurasian Democracies and Open Markets (FREEDOM) Support Act (FSA) of 1992, P.L. 102-511, 24 October 1992. Applying the mandated 0.80 percent rescission reduces the amount by $4,480,000 bringing the total available for allocation to $555,520,000.
·
Funds made available for the southern
· $3,859,000 should be made available only to meet the health and other assistance needs of victims of trafficking in persons.
·
$17,500,000 shall only be made available solely
for assistance in the Russian
· The funds under this heading in this Act and prior acts that are made available pursuant to Section, P.L. 102-511, shall be subject to a six percent ceiling on administrative expenses.
·
Of the funds made available under this heading
to the
· Of the funds made available under this heading, not less than $55,000,000 should be made available, in addition to other funds, for assistance for child survival, environmental and reproductive health, and to combat HIV/AIDS, tuberculosis and other infectious diseases, and for related activities.
· Of the funds made available under this heading that are allocated to the government of the Russian Federation, sixty percent shall be withheld from obligation until the President determines and certifies in writing to the congressional committees for appropriations that the government of the Russian Federation –
· Has terminated implementation of arrangements to provide Iran with technical expertise, training, technology, or equipment necessary to develop a nuclear reactor, related nuclear research facilities or programs, or ballistic missile capability; and
·
Is providing full access to international
non-government organizations providing humanitarian relief to refugees and
internally displaced persons in
· This withholding of funding assistance shall not apply to assistance to combat infectious diseases, child survival activities, or assistance for victims of trafficking in persons; or activities authorized under Title V, FREEDOM Support Act regarding Nonproliferation and Disarmament.
· Table Eight provides for the FY2005 initial allocation of funding assistance authorized by the FREEDOM Support Act. FY2004 final allocations and the Administration’s FY2005 request for funding are also provided for comparison.
Table Eight
Assistance
for the Independent States of the Former
FY2005
Funding Allocations
($ in
millions)
FY2005
FY2004 Budget FY2005
Actual Justification Initial
Country/Program Allocation Request Allocation
Russia 96.350 79.500 85.000
Regional FSA 42.646 49.000 45.220
Total Allocation $584.537 $550.000 $555,520
Rescission $2.463 ________ $4.480
Total Appropriations $587.000 $550.000 $560.000
Note: FSA is Freedom
for
Title II, Independent Agencies
Inter-America Foundation
·
$18,000,000 to remain available until
African Development Foundation
· $19,000,000 to remain available until 30 September 2006 for the Foundation to carry out Title V, International Security and Development Cooperation Act of 1980, P.L. 96-533, 16 December 1980.
Peace Corps
·
$320,000,000 to remain available until 30
September 2006 to carry out the provisions of the Peace Corps Act, Title VI, P.L. 96-533, 16 December 1980.
Millennium Challenge Corporation
·
$1,500,000,000 to remain available until
expended for necessary expenses for the Corporation of which up to $50,000,000
may be available for administrative expenses.
· It should be noted that this year’s appropriation more than doubles that of FY2004 which was initially $650,000,000.
Title II, Department of State
Global HIV / AIDS Initiative
· $1,385,000,000 to remain available until expended for the prevention, treatment, and control of, and research on, HIV / AIDS
· Not more than $8,818,000 may be made available for administrative expenses of the Office of the Coordinator of U.S. Activities to Combat HIV / AIDS Globally.
·
Not less than $27,000,000 should be made
available for a
· It should be noted that this year’s appropriation nearly triples that of FY2004 which was initially $491,000,000.
International Narcotics Control and Law
Enforcement
·
$328,820,000 to remain available until
· Not less than $11,900,000 should be made available for training programs and activities of the International Law Enforcement Academies.
·
Not less than $4,000,000 should be made
available for assistance to the
· $10,000,000 shall be made available for demand reduction programs.
·
$40,000,000 should be made available for
assistance to
·
$10,500,000 should be made available for
countries and programs in
·
$3,000,000 shall be made available for assistance
to the government of
· Not more than $30,300,000 may be made available to administrative expenses.
·
During FY2005, the Department of State may use
the authority of Section 608, FAA, without regard to its restrictions, to
receive excess property from an agency of the
· Table Nine provides the initial allocation for FY2005. For comparison, FY2004 final allocations and the Administration’s request for FY2005 are also provided.
·
It should be noted that
Table Nine
International
Narcotics Control and Law Enforcement (INCLE)
FY2005
Funding Allocations
($ in
millions)
FY2005
FY2004 Budget FY2005
Actual Justification Initial
Country/Program Allocation Request Allocation
NEAR EAST
Sub Total $0.000 $6.000 $2.992
Sub Total $0.000 $0.000 $2.976
WESTERN HEMISPHERE
Sub Total $47.350 $48.570 $45.384
Sub Total $6.850 $10.500 $10.500
Sub Total $6.000 $16.000 $7.560
ERF 50.000
Supplemental 170.000
Sub Total $251.500 $130.000 $121.430
GLOBAL
Anticorruption/Rule of Law $0.000 $9.000 $6.746
Civilian Police Program 2.700 2.700 2.678
Demand Reduction 5.000 4.200 9.920
INL Anticrime Programs 11.324 10.000 8.333
ILE Academies 14.500 14.500 12.734
International Organizations 12.200 12.000 5.000
Interregional Aviation Support 70.000 70.000 66.620
Program Development
and Support 13.850 13.850 13.850
Systems Support and Upgrades 5.000 4.500 0.694
Trafficking in Persons 12.000 5.000 4.960
UN Crime Center 1.000 1.000 0.496
Sub Total $148.574 $147.750 $135.347
Total Allocation $460.274 $358.820 $326.189
Rescission $1.426 ________ $2.631
Total Appropriations $461.700 $358.820 $328.820
Notes:
·
·
Afghanistan Emergency Response Fund (ERF) was
originally appropriated by P.L.107-38,
Andean Counterdrug
Initiative
· $731,000,000 to remain available until 30 September 2007 for necessary expenses to carry out Section 481, FAA, to support counterdrug activities in the Andean region of South America. Applying the mandated 0.80 percent rescission reduces the amount by $5,848,000 bringing the total available for allocation to $725,152,000.
·
Not less than $264,600,000 shall be made
available for alternative development/institution building of which
$237,000,000 shall be apportioned directly to USAID including $125,700,000 for
assistance for
· For the funds apportioned to USAID, the responsibility for policy decisions for the use of such funds, including what activities will be funded and the amount of funds that will be provided for each of those activities, shall be the responsibility of the Administrator of USAID in consultation with the Assistant Secretary of State for International Narcotics and Law Enforcement Affairs.
·
Not less than $6,000,000 should be made
available for judicial reform programs in
· Not less than $6,000,000 shall be made available to USAID for organizations and programs to protect human rights.
·
Funds made available in this Act for
demobilization/reintegration of members of foreign terrorist organizations in
·
$2,000,000 should be made available through
nongovernmental organizations for programs to protect biodiversity and
indigenous reserves in
· Not more than $16,285,000 may be available for administrative expenses of the Department of State and not more than $7,800,000 may be available, in addition to amounts otherwise available for such purposes, for administrative expenses of USAID.
·
No
· Table Ten provides the FY2005 initial allocations for the Andean Counterdrug Initiative appropriation. For comparison, FY2004 final allocations and the Administration’s request FY2005 are also provided.
Table Ten
Andean
Counterdrug Initiative
FY2005
Funding Allocations
($ in
millions)
FY2005
FY2004 Budget FY2005
Actual Justification Initial
Country/Program Allocation Request Allocation
Alternative Development/
Institution Building 41.752 42.000 41.664
Interdiction 49.248 49.000 48.608
Alternative Development/
Institution Building 149.279 150.000 124.694
Interdiction 324.621 313.000 310.694
Rule of Law 0.000 0.000 27.379
Alternative Development/
Institution Building 14.912 15.000 14.880
Interdiction 20.088 11.000 10.912
Alternative Development/
Institution Building 49.705 50.000 53.866
Interdiction 66.295 62.000 61.504
Total Allocation $737.587 $731.000 $725.152
Rescission _______ ________ $5.848
Total Appropriations $737.587 $731.000 $731.000
Notes:
·
·
Afghanistan Emergency Response Fund (ERF) was
originally appropriated by P.L.107-38,
Migration and Refugee
Assistance
·
$770,000,000 to remain available until expended
for expenses, not otherwise provided for and as authorized by law, for the
Secretary of State to provide 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 related activities to meet refugee and migration needs.
·
Not more than $22,000,000 may be available for
administrative expenses.
·
Not less than $50,000,000 shall be made
available for the former
·
These funds may be made available for a
headquarters contribution to the International Committee of the Red Cross only
if the Secretary of State determines with a report to the appropriate
congressional committees 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.
·
$30,000,000 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
·
$402,000,000 for necessary expenses for the
Nonproliferation, Anti-Terrorism, Demining, and Related (NADR) programs in
carrying out provisions of Part II, Chapters 8 and 9, FAA; Section 504, FSA;
Section 23, AECA; or the FAA for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related activities,
notwithstanding any other provisions of law, including activities implemented
through nongovernmental and international organizations, and Section 301, FAA,
for a voluntary contribution to the International Atomic Energy Agency (IAEA),
and for a U.S. contribution to the Comprehensive Nuclear Test Ban Treaty (CTBT)
Preparatory Commission. After the mandated 0.80 percent
rescission, this amount was reduced by $3,216,000 to a total of $398,784,000
for FY2005 initial allocation.
·
Not less than $32,000,000 to remain available
until expended for the Nonproliferation and Disarmament to promote bilateral
and multilateral activities related to nonproliferation and disarmament.
· Of the funds made available for demining and related activities, not to exceed $690,000, 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.
·
On
·
This funding may also be used for such countries
other than the Independent States of the former
·
Funding may be made available to the IAEA only
if the Secretary of State determines and reports to Congress that
·
The funding available during FY2005 for a
contribution to the CTBT Preparatory Commission and that are not necessary to
make the U.S. contribution to the Commission in the amount assessed for FY2005
shall be made available for a voluntary contribution to the IAEA and to remain available
until 30 September 2006.
·
Funds appropriated under this heading that are
available for Anti-Terrorism Assistance and Export Control and Border Security
shall remain available until
·
Table Eleven provides the initial NADR allocations
for FY2005 as indicated in the
·
It must be noted that the FY2004 Anti-Terrorism
programs also include two additional allocations of $10,000,000 from the
Emergency Response Fund (ERF) appropriated by P.L.107-38,
Table Eleven
Nonproliferation,
Anti-Terrorism, Demining, and Related (NADR) Programs
FY2005
Funding Allocations
($ in
millions)
FY2005
FY2004 Budget FY2005
Actual Justification Initial
Program Allocation Request Allocation
NONPROLIFERATION PROGRAMS
Nonproliferation and
Disarmament Fund $29.823 $34.500 $31.744
Export Control and Related
Border Security Assistance 35.788 38.000 37.696
Science Centers and
Biological Redirection 50.202 0.000 0.000
Nonproliferation of Weapons of
Mass Destruction Expertise 0.000 50.500 50.096
IAEA Voluntary Contribution 52.687 53.000 52.576
CTBT Int’l Monitoring System 18.888 19.000 18.848
Sub Total $187.388 $195.000 $190.960
ANTI-TERRORISM PROGRAMS
Anti-terrorism Assistance $96.428 $128.300 $117.800
ERF 10.000
Supplemental 35.000
Terrorist Interdiction Program 4.971 5.000 4.960
Counterterrorism Engagement
with Allies 0.000 0.500 1.984
Counterterrorism Financing 0.000 7.500 7.192
Sub Total $146.399 $141.300 $131.936
REGIONAL STABILITY AND
HUMANITARIAN ASSISTANCE
Humanitarian Demining Prog. $48.705 $59.900 $59.024
International Trust Fund 9.941 10.000 9.920
Small Arms and Light
Weapons Destruction 3.982 9.000 6.944
Sub Total $62.628 $78.900 $75.888
Total Allocation $396.415 $415.200 $398.784
Rescission $2.085 ________ $3.216
Total Appropriations $398.500 $415.200 $402.000
Notes:
·
Emergency supplemental funding was appropriated
by P.L.108-106,
·
Emergency Response Fund (ERF) was originally
appropriated by P.L.107-38,
· IAEA is the International Atomic Energy Agency.
· CTBT is Comprehensive Nuclear Test Ban Treaty.
Title V, General Provisions
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
$4,000 shall be available for entertainment allowances and not more than
$130,000 shall be available for representational allowances.
·
The FY2004 ceilings were $2,000 and $120,000,
respectively.
·
Of the IMET funding made available by this Act,
not more than $55,000 shall be available for entertainment allowances.
·
The FY2004 ceiling was $55,000.
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 agreement 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 FY2005 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 FY2006 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 congressional 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.
·
Funds withheld from obligation for each country
or entity shall be reprogrammed for assistance to countries which do not assess
taxes on
·
The provisions of this Section shall not apply
to any country or entity the Secretary of State determines does not assess
taxes on
·
The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the prohibition
against the taxation of
·
DSCA Policy Memo 04-32, 21 August 2004, Subject:
Prohibition on Taxation of U.S. Assistance, was published as SAMM E-Change 19
to DoD 5105.38-M, Security Assistance Management Manual (SAMM) providing a
mandatory prohibition note for FMS case LOAs, Amendments and Modifications
financed with any type of U.S. assistance funding. This same memo also provided a sample
contract clause to be used for direct commercial sales (DCS) contracts that are
financed with
·
The terms “taxes” and “taxation” refer to value
added taxes and customs duties imposed on commodities financed with
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
·
Section 507, Division D, P.L. 108-199 did not
include
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) of the Pakistan Waiver Act, P.L. 107-57,
· Assistance may be resumed to such government if the President determines and certifies to the congressional 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 congressional committees on appropriations.
Commercial Leasing of Defense Articles
(Section 510)
·
As with the last several years, notwithstanding
any other provision of law, and subject to the regular notification procedures
of the congressional 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 is compelling foreign policy or national security reasons
for those defense articles being provided by commercial lease rather than by
government-to-government sale (FMS).
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 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 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 congressional appropriations committees, that assistance
to such country is in the national interest of the U.S.
·
Pursuant to Section 1(b) of the Pakistan Waiver Act, P.L. 107-57,
·
Additionally, on
·
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 congressional appropriations committees for obligation under any of these specific headings unless the same committees are previously notified fifteen 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 percent in excess of the quantities justified to Congress unless the congressional committees on appropriations are notified fifteen days in advance of such commitment.
· These advance notification periods can be waived in the case substantial risk to human health or welfare. In this situation, the congressional notification shall be provided as early as practicable but in no event later than three days after taking the emergency action. The notification
Special Notification Requirements (Section 520)
·
None of the funds appropriated by this Act shall
be obligated or expended for
·
This same provision in the FY2004 legislation
also applied to the same countries except that the
·
Of the funds appropriated by this Act,
$908,000,000 should be made available for humanitarian and reconstruction
assistance for
· Not less than $2,000,000 of the funds available pursuant to this Section should be made available for reforestation activities. This funding should be matched to the maximum extent possible with contributions from American and Afghan businesses.
· Not less than $2,000,000 of the funds available pursuant to this Section should be made available for the Afghan Independent Human Rights Commission and other Afghan human rights organizations.
· To the maximum extent practicable, members of the Afghan National Army should be vetted for involvement in terrorism, human rights violations, and drug trafficking.
· Not less than $50,000,000 of the funds available pursuant to this Act and other acts making appropriations for foreign operations, export financing, and related programs for FY2005, should be made available to support programs to address the needs of Afghan women and girls of which not less than $7,500,000 shall be available for small grants to support training and equipment to improve the capacity of women-led Afghan nongovernmental organizations and to support the activities of such organizations.
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 congressional
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 congressional 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.
Democracy Programs (Section 526)
·
Section 526(a):
·
Not less than $19,000,000 of FY2004 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
·
FY2005 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
congressional committees on appropriations.
·
Additionally, in Section 526(b):
·
Not less than $15,000,000 of FY2005 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 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 appropriated pursuant to this subsection may be available for democracy,
human rights, and rule of law programs for
·
In addition to the funds available under this
Section, not less than $4,500,000 in FY2005 ESF funding shall be made available
for programs and activities of the National Endowment Democracy (NED) to foster
democracy, human rights, civic education, women’s development, press freedom,
and the rule of law in countries of the sub-Saharan
·
Notwithstanding any other provision of law, not to
exceed $3,000,000 of such funds may be used to making grants to educational,
humanitarian and nongovernmental organizations and individuals inside Iran to support the advancement of
democracy and human rights in Iran.
·
Likewise, any funds made available pursuant to
this subsection shall be subject to the regular notification procedures of the
congressional committees on appropriations.
·
Section 526(c):
·
Not less than $15,000,000 of the funding in
subsection 526(a) and not less than $11,000,000 of the 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).
·
Up to $1,200,000 may be used for the Reagan/Rascell
Democracy Fellows program.
·
The total amount of funds made available by this
Act under Economic Support Fund for
activities of the Bureau of Democracy, Human Rights and Labor, Department of
State, including funds available in this Section shall not be less than
$37,000,000.
·
Section 526(d):
·
Not less than $4,000,000 of the funding in
subsection 526(a) and not less than $4,000,000 of the funding in subsection
526(b) shall be made available for the National Endowment for Democracy to
support the activities in subsections 526(b).
·
The Secretary of State shall provide a report to
the congressional 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 days before the waiver takes effect, the President shall notify the
congressional committees on appropriations of the waiver to include the
justification.
·
The Secretary of the Treasury shall instruct the
·
Not less than $8,000,000 in ESF funding shall be
made available to support democracy activities in
·
$4,000,000 shall be allocated to USAID for
humanitarian assistance for displaced Burmese and host communities in
·
The President shall include amounts expended by
the Global Fund to Fight AIDS, Tuberculosis and Malaria to the State Peace and
Development Council in
Special Authorities (Section 534)
·
Per Section 534(a), funds appropriated by this
Act for
· Funds appropriated by Titles I and II of this Act that are made available for Lebanon, Montenegro, Pakistan, for victims of war, displaced children, and displaced Burmese, and to assist victims of trafficking in persons and, subject to the regular notifications procedures of the congressional appropriations committees, to combat such trafficking, may be available notwithstanding any other provision of law.
· Subject to Sections 116 and 502B, FAA, (consistent and gross human rights violations prohibitions) and Section 620A, FAA, (prohibition of assistance to governments supporting international terrorism); funds appropriated by this Act to carry out Sections 103 through 106 and Part II, Chapter 4, FAA, may be used, notwithstanding any other provision of law, for the purpose of supporting tropical forestry and biodiversity conversation activities and energy programs aimed at reducing greenhouse gas emissions.
· During FY2005, the President may use up to $45,000,000 (vice $25,000,000) made available to carry out any provision the FAA; other than funds appropriated for Part I, Chapter 1, FAA; in order to provide for any unanticipated contingencies assistance authorized by Part I, FAA.
· In providing assistance with funds appropriated by this Act under Section 660(b)(6), FAA, (reconstituting a civilian police authority), support for a nation emerging from instability may be deemed to mean support for regional, district, municipal, or other subnational entity emerging instability, as well as a nation emerging from instability.
·
Per Section 534(n), Section 1(b) [military coup
prohibition waiver], Section 3(2) [Brooke-Alexander Amendment waiver], and
Section 6 [MTCR and Export Administration Act waivers, and waiver of advance
notification periods for drawdown and grant EDA], P.L. 107-57,
·
Presidential Determination (PD) 2005-21,
·
Section 117, Making
Continuing Appropriations for the Fiscal Year 2005, and for Other Purposes,
P.L. 108-309,
·
Section 7103(c), 9/11 Commission Implementation Act of 2004, Title VII, P.L.
108-458,
· Per Section 534(p), Title I, Chapter 5, Emergency Wartime Supplemental Appropriations Act, 2003, P.L. 108-11, 16 April 2003, under the heading “Loan Guarantees for Israel,” which authorized ESF loan guarantees not to exceed $9,000,000,000 for Israel, is amended by extending the period for the loan guarantee to be made available until 30 September 2007 (vice 2005) and amending “that if less than the full amount of guarantees authorized to be made available is issued prior to 30 September 2007 [vice 2005], the authority to issue the balance of such guarantees shall extend to the subsequent fiscal year.”
Ceilings and Earmarks (Section 538)
·
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.
Nongovernmental Organization – Documentation
(Section 541)
·
No funds appropriated or made available by this
Act shall be available to a nongovernmental organization which fails to provide
upon timely request any document, file, or record necessary to the auditing
requirements of the U.S. AID.
Prohibition on Assistance to Foreign
Governments that Export Lethal Military Equipment to Countries Supporting
International Terrorism (Section 542)
·
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), Export Administration Act (EAA).
·
This prohibition shall terminate twelve 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
Withholding of Assistance for Parking Fines
and Real Property Taxes Owed by Foreign Countries (Section 543)
·
Of the funds appropriated by this Act and made
available for assistance for a country, an amount of 110 percent of the total
amount of unpaid fully adjudicated parking fines and penalties and unpaid
property taxes owed by the central government of such country shall be withheld
from obligation for assistance until the Secretary of State submits a
certification to the appropriate congressional committees stating that such
parking fines and penalties and unpaid property taxes are fully paid.
·
The withheld funds may be made available for
other programs or activities funded by this Act, after consultation with and
subject to the regular notification procedures of the appropriate congressional
committees.
·
The Secretary of State may waive the withholding
requirements for parking fines no sooner than sixty days from the date of the
enactment of this Act if determined to be in the national interests of the
·
Not later than six months of these waivers, the
Secretary, after consultations with the Mayor of New York City, shall submit a
report to the congressional appropriations committees describing a strategy,
including a timetable and steps currently taken, to collect the parking fines
and penalties and unpaid property taxes and interest owed by the affected
country.
·
Parking fines and penalties are defined to those
owed to the
·
Unpaid property taxes are defined to those plus
interest determined owed by a country on real property in the
·
This so-called “Meter Maid Diplomacy” was
originally included as Section 574, P.L. 103-87,
War Crimes Tribunals Drawdown (Section 545)
·
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 546)
·
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 548)
·
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.
·
Not less than the following funds appropriated
for FY2005 shall be made available for
·
$20,000,000 from “Child Survival and Health
Programs Fund.”
·
$25,000,000 from “Development Assistance” of
which funds should be made available for poverty reduction, agriculture,
environment, and basic education Programs.
·
$40,000,000 from “Economic Support Fund” of
which funds should be made available for judicial reform programs, police
training, and activities in support for national elections.
·
The Government of
Limitation on Assistance to Security Forces (Section 551)
·
As in previous years, 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 congressional
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 8076, Defense Department
Appropriations Act, 2005, P.L. 108-287,
· This Section is often referred to as the “Leahy Amendment.”
Foreign Military Training Report (Section 552)
·
This annual report from the Secretaries of State
and Defense shall be submitted in accordance with Section 656, FAA, which
requires that report not later than 31 January each year. Unless a country (or countries) is requested
for inclusion by one of the appropriations committees in writing at least
ninety days in advance, the report is not required to include training for NATO
countries,
Authorization Requirement (Section 553)
·
Except for funds appropriated under the heading
of “Trade and Development Agency,” “Millennium Challenge Corporation,”
“Overseas Private Investment Corporation,” and “Global HIV/AIDS Initiative;”
funds appropriated by this Act may be obligated and expended notwithstanding
Section 10, P.L. 91-672, 12 January 1971, and Section 15, State Department Basic Authorities Act of 1956.
·
None of the funds appropriated by this Act may
be made available for assistance for the central government of
·
However, up to $4,000,000 of FY2005 ESF may be
made available for activities to support democracy, including assistance for
democratic political parties.
·
FY2005 IMET funding made be made available only
if at least fifteen days prior to the obligation, the Secretary of State provides
to the congressional committees for appropriations a list of those individuals
who have been credibly alleged to have ordered or carried out extra-judicial
and political killings that occurred during the March 1997 grenade attack
against the Khmer Nation Party.
Palestinian Statehood (Section 555)
·
None of the funds appropriated by this Act may
be provided to support a Palestinian
state unless the Secretary of State determines and certifies to the
appropriated congressional committees that;
· A new leadership of a Palestinian governing entity has been democratically elected through credible and competitive elections.
· The elected governing entity:
·
Has demonstrated a firm commitment to peaceful
co-existence with
·
Is taking appropriate measures to counter
terrorism and terrorism financing in the
· Is establishing a new Palestinian security entity that is cooperative with appropriate Israeli and other appropriate security organizations.
·
The Palestinian Authority or governing body of a
new Palestinian state is working with other countries in the region to
vigorously pursue efforts to establish a just, lasting, and comprehensive peace
in the
·
This can be waived by the President if
determined to be vital to the national security interests of the
·
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,
according to the Minister of Defense or the Procuraduria General de la Nacion,
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 vigorously
investigating and 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 promptly punishing those members
of the Colombian Armed found to have committed such violations of human rights
or to have aided and abetted paramilitary organizations.
· The Colombian Armed Forces have made substantial progress in 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 have made substantial progress in cooperating with civilian prosecutors and judicial authorities in such cases including 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 have made substantial progress in 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 especially in regions where these organizations have a significant presence.
· And, the Colombian Armed Forces are dismantling paramilitary leadership and financial networks by arresting commanders and financial backers especially in regions where these networks have a significant presence.
·
The balance of the funding may be obligated
after
·
Not later than sixty days after the enactment of
this Act and every ninety days thereafter until
· “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 to the FY2004 requirement.
Illegal Armed Groups
(Section 557)
·
The Secretary of State shall not issue a visa to
any alien who the Secretary determines, bases on credible evidence who has:
·
Willfully provided any support to the
Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army
(ELN), or the United Self-Defense Forces of Colombia (AUC), including taking
actions or failing to take actions which allow, facilitate, or otherwise foster
the activities of such groups.
·
Committed, ordered, incited, assisted, or
otherwise participated in the commission of gross violations of human rights,
including extra-judicial killings, in
·
The Secretary of State can waive this
prohibition if determined and certified to the appropriate congressional
committees, on a case-by-case basis, that the issuing of a visa to the alien is
necessary to support the peace process in
· For the FY2005, thirty days before the 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 ensure the U.S. Comptroller General will have access to the appropriate U.S. financial information in order to review the uses of U.S. assistance for the Program funded under ESF.
· Prior to the obligation of ESF funds, the Secretary of State shall take all appropriate steps to ensure that such assistance is not provided to or through any individual, private or government entity, or educational institution that the Secretary knows or has reason to believe advocates, plans, sponsors, engages in, or has engaged in, terrorist activity. The Secretary shall as appropriate establish vetting procedures specifying the steps to be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which has been determined to be involved in or advocating terrorist activity.
·
Specifically, none of the funds appropriated by
this Act for assistance under the
War Criminals (Section 561)
·
None of the funds appropriated or otherwise made
available pursuant to this Act may be made available for assistance, and the
Secretary of the Treasury shall instruct the U.S. executive directors to the
international financial institutions to vote against any new project involving
the extension by such institutions of any financial or technical assistance to
the same aforementioned uncooperative 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 all
persons in their territory who have been indicted by the Tribunal and to otherwise
cooperate with the Tribunal.
·
This Section shall not apply to humanitarian
assistance or assistance for democratization.
·
This Section shall apply unless the Secretary of
State determines and reports to the appropriate congressional committees that the
competent authorities of such country, entity, or municipality are cooperating
with the Tribunal including access for investigators to archives and witnesses,
the provision of documents, and the surrender and transfer of indictees or
assistance in their apprehension, and are acting consistently with the Dayton
Accords done at Dayton 10 to 16 November 1995.
· 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 congressional committees on appropriations that such assistance directly supports the implementation of the Dayton Accord.
·
Country for this Section means
Funding for
·
Funds in this Act made be made available for
assistance for
· Cooperating with the International Criminal Tribunal for the former Yugoslavia including access for investigators, the provision of documents, and the surrender and transfer of indictees or assistance in their apprehension including making all practicable efforts to apprehend and transfer Ratko Mladic;
· Taking steps that are consistent with the Dayton Accords to end Serbian financial, political, security and other support which has served to maintain separate Republika Srpska institutions; and
· Taking steps to implement policies which reflect a respect for minority rights and the rule of law.
· After 31 May 2005, the Secretary of the Treasury should instruct the U.S. executive directors to the international financial institutions to support loans and assistance to the government of Serbia and Montenegro subject to the conditions in the above presidential determination and certification.
·
The Section does not apply to
Community-Based Police Assistance (Section
564)
·
FY2005 ESF funding may be used to enhance the
effective and accountability of civilian police authority through training and
technical assistance in human rights, the rule of law, strategic planning, and
through assistance to foster civilian police roles that support democratic
governance including assistance for programs to prevent conflict, respond to
disasters, address gender-based violence, and foster improved police relations
with the communities they serve.
Reconciliation Programs (Section 568)
·
Not less than $12,000,000 of the FY2005 ESF
funding shall be made available to support reconciliation programs and
activities which bring together individuals of different ethnic, religious, and
political backgrounds from areas of civil conflict and war.
·
Not less than $311,000,000 of the funds
appropriated by Title of this Act should be made available for assistance for
·
None of these funds may be made available for
the government of
·
None of these funds may be made available for the
cost of modifying loans and loan guarantees held by the government of
·
These prohibitions shall not apply if the
Secretary of State determines and certifies to the congressional appropriations
committees that the government of
·
Has taken significant steps to disarm and
disband government-supported militia groups in the
·
Along with all government-supported militia
groups, are honoring their commitments made in the cease-fire agreement of
·
Is allowing unimpeded access to
·
Likewise, these prohibitions shall not apply to
humanitarian assistance and assistance for
·
Not more than $45,000,000 of the funds
appropriated by this Act under the headings of “International Disaster and
Famine Relief” and “Transition Initiatives” may be made available for
assistance for
·
Section 569(g) appropriates an additional
$75,000,000 for Peacekeeping Operations
(PKO) to support peace and humanitarian intervention operations for
· On 8 December 2004, the President designated this amount of $94,000,000 as emergency requirements in accordance with Section 251, Balanced Budget and Emergency Deficit Control Act, P.L. 99-177, 12 December 1985, [also referred to as “Gramm-Rudman-Hollings Act”] as amended by the Omnibus Budget Reconciliation Act of 1990, P.L. 101-508, 5 November 1990.
Excess Defense Articles for Central and South European Countries and
Certain Other Countries (Section 571)
· Notwithstanding Section 516(e), FAA, DoD funds may be expended during FY2005 for crating, packing, handling, and transportation of grant excess defense articles (EDA) to Albania, Bulgaria, Croatia, Estonia, Former Yugoslavian Republic of Macedonia, Georgia, India, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan.
· This authority was not included in FY2004 legislation. Until then, versions of this DoD-funded transportation authority has been annually available since 1996 when Section 105, P.L. 104-164, 21 July 1996, initially authorized the use of DoD funding for the transportation of grant EDA for the Partnership for Peace (PfP) and SEED Act countries.
·
FY2005 FMFP assistance may be made available for
assistance for
·
The Armed Forces are taking steps to counter
international terrorism, consistent with democratic principles and the rule of
law, and in cooperation with countries in the region.
· The Indonesian Government is prosecuting and punishing, in a manner proportional to the crime, those members of the Armed Forces, of whatever rank, who have been credibly alleged to have committed gross violation of human rights, or to have aided or abetted militia groups.
·
At the direction of the President of Indonesia,
the Armed Forces are cooperating with civilian prosecutors and judicial
authorities and with international efforts to resolve cases of gross violations
of human rights in
· At the direction of the President of Indonesia, the Armed Forces are implementing reforms to increase the transparency and accountability of their operations and financial management, including making publicly available audits of receipts and expenditures.
·
FY2005 IMET funding assistance may be made
available to
·
A Department of State press conference on
· This restriction shall not apply to Expanded IMET which may include English language training.
Limitation on Economic Support Fund Assistance for Certain Foreign
Governments that are Parties to the International Criminal Court (Section 574)
·
Section 2007, American Service-Members’ Protection Act of 2002 (ASPA), Title II,
P.L. 107-206, 2 August 2002, prohibits grant EDA, IMET, drawdowns, and FMFP
assistance to countries that are party to the International Criminal Court Rome
Statute unless the President determines for U.S. national interests purposes to
waive this prohibition, the country signs an “Article 98” waiving applicability
to U.S. personnel, or the country is member of NATO, a major non-NATO ally, or
Taiwan.
·
FY2005 ESF assistance is likewise prohibited to
those countries which are party to the Rome Statute and not exempted or waived.
·
The Presidential Determination (PD) 2005-20,
Prohibition against Direct Funding for
·
None of the funds appropriated or otherwise made
available by this
Act shall be obligated or expended to finance any assistance to
·
The President may waive this prohibition if
certified to the congressional appropriations committees fifteen days prior to
obligation that
· FY2005 funding may be available for the central government of Uzbekistan only if the Secretary of State determines and reports to the congressional appropriations committees that the government 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, including respect for human rights, establishing a genuine multi-party system, and ensuring free and fair elections, freedom of expression, and the independence of the media.
·
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 congressional 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 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, countries of
Disability Programs (Section 579)
·
Not less than $2,500,000 of FY2005 ESF
appropriations shall be made available for programs and activities to address
the needs and protect the rights of people with disabilities in developing
countries to be administered by USAID.
· The Secretary of the Treasury shall instruct the U.S. executive director to each international financial institution to vote against any extension by the respective institution of any loans, to the government of Zimbabwe, except to meet basic human needs or to promote democracy, unless the Secretary of State determines and certifies to the congressional committees on appropriations that the rule of law has been restored in Zimbabwe, including respect for ownership and title to property, freedom of speech, and association.
· The Secretary of the Treasury should instruct the U.S. executive director to each international financial institution to use the voice and vote of the U.S. to support projects in Tibet if such projects do not provide incentives for the migration and settlement of non-Tibetans into Tibet or facilitate the transfer of ownership of Tibetan land and natural resources to non-Tibetans; are based on a thorough needs-assessment; foster self-sufficiency of the Tibetan people and respect Tibetan culture and traditions; and are subject to effective monitoring.
· Not less than $4,000,000 of FY2005 ESF funding shall be made available to nongovernmental organizations to support activities which preserve cultural traditions and promote sustainable development and environmental conservation in Tibetan communities in the Tibetan Autonomous Region and in other Tibetan communities in China and not less than $250,000 should be made available to the National Endowment for Democracy for human rights and democracy programs relating to Tibet.
·
The President shall submit a report to the
congressional appropriations committees describing the involvement of the
Nigerian Armed Forces in the incident in
·
Not to exceed $3,227,000 in prior year “Military
Assistance Program” funds that are available for Guatemala may be made available for non-lethal defense items for
Guatemala if the Secretary of State certifies to the congressional
appropriations and foreign relations committees that:
·
The role of the Guatemalan military has been
limited, in doctrine and in practice, to substantially those activities in
defense of
· The Guatemalan military is cooperating with civilian judicial authorities, including providing full cooperation on access to witnesses, documents, and classified intelligence files, investigations and prosecutions of military personnel who have been implicated in human rights violations and other criminal activity.
·
The government of
·
The government of
·
The government of
·
Finally, the government of
·
This certification was completed on
War Crimes in
· Funds appropriated by this Act including funds for debt restructuring may be available for assistance to the central government of a country in which individuals indicted by the International Criminal Tribunal for Rwanda (ICTR) and the Special Court for Sierra Leone (SCSL) are credibly alleged to be living, if the Secretary of State determines and reports to the congressional appropriations committees that such government is cooperating with the ICTR and SCSL including the surrender and transfer of indictees in a timely manner.
· This subsection shall not apply to assistance provided under Section 551, FAA, for Peacekeeping Operations (PKO), or to project assistance under Title II of this Act.
·
With a presidential
Security in
·
Notwithstanding Section 572 of this Act, FY2005
FMFP funding may be made available for assistance for the Indonesian Navy if the Secretary of State reports to the
congressional appropriations committees that the Indonesian Navy is not
violating human rights and is cooperating with civilian judicial authorities on
cases involving human rights violations.
Any of this assistance to be provided to the Indonesian Navy may only be
available for purposes of enhancing maritime security.
·
Notwithstanding Section 554 of this Act, FY2005
FMFP funding may be made available for assistance for
·
FY2005 FMFP funding may be made available for
assistance for
· Has determined the number of and is making substantial progress in complying with habeas corpus orders issued by the Supreme Court of Nepal, including all outstanding orders.
· Is cooperating with the National Human Rights Commission of Nepal to identify and resolve all security related cases involving individuals in government custody.
· Is granting the National Human Rights Commission of Nepal unimpeded access to all places of Detention.
· And finally, is taking effective steps to end torture by security forces and to prosecute members of such forces who are responsible for gross violations of human rights.
·
The Secretary may waive the compliance
stipulations within the report if determined and reported that it would be in
the
Compliance with the
· None of the funds appropriated by this Act may be made available for assistance to the central governments of Ethiopia or Eritrea unless the Secretary of State certifies and reports to the congressional appropriations committees that the government is taking steps to comply with the terms of the Algiers Agreements.
·
The Secretary may waive the compliance stipulation
of this Section if determined to be in the
·
This determination for a waiver was provided by
the Secretary on
· The funding prohibition of this Section shall not apply to democracy, rule of law, peacekeeping programs and activities, child survival and health, basic education, and agriculture programs.
Joint Explanatory Statement (Section 595)
·
Funds provided in this Act shall be available
for programs and countries in the amounts contained in the respective tables
included in the joint explanatory statement (H. Rpt. 108-792,
· Economic Support Fund (ESF).
·
Assistance for
·
Assistance for Independent States of the Former
· Andean Counterdrug Initiative.
· Nonproliferation, Anti-Terrorism, Demining, and Related Programs (NADR).
· Foreign Military Financing Program (FMFP).
· International Organizations and Programs.
· Any proposed increases or decreases to theses amounts in the conference report shall be subject to the regular notification procedures of the congressional appropriations committees and Section 634A, FAA.
Department
of Defense Appropriations Act, 2005, P.L. 108-287,
·
Reported out of the House Appropriations
Committee (HAC) as HR4613 on
·
The FY2005 DoD Appropriations Act contained the
“normal” annual appropriations for the Department of Defense plus two additional
sections, Title IX, Additional
War-Related Appropriations, for military operations in Afghanistan and
Iraq, and Title X, Other Matters, for
the Departments of Commerce, Justice, State, Interior, Agriculture, and Labor.
· Also on 5 August 2004, the President designated the amount of $25,856,000,000 appropriated within Titles IX and X of this Act as emergency requirements in accordance with Section 251, Balanced Budget and Emergency Deficit Control Act, P.L. 99-177, 12 December 1985, [also referred to as “Gramm-Rudman-Hollings Act”] as amended by the Omnibus Budget Reconciliation Act of 1990, P.L. 101-508, 5 November 1990.
·
This DoD appropriation is not subject to the
later-legislated 0.80 percent rescission.
Title II, Operation and
Maintenance
Defense-Wide
· Not more than $25,000,000 for the Combatant Commander Initiative Fund authorized by 10 U.S.C. 166a.
· $2,550,000 shall be available only for a Washington-based internship and immersion program to allow U.S. Asian-American Pacific Islander undergraduate college and university students from economically disadvantaged backgrounds to participate in academic and educational programs in the DoD and related federal defense agencies.
Overseas Humanitarian, Disaster,
and Civic Aid
· $59,000,000 to remain available until 30 September for expenses relating to DoD Overseas Humanitarian, Disaster, and Civic Aid programs.
Former
· $409,200,000 to remain available until 30 September 2007 for the republics of the former Soviet Union, including assistance provided by contract or by grants, for facilitating the elimination and the safe and secure transportation and storage of nuclear, chemical and other weapons. This is also for establishing programs to prevent the proliferation of weapons, weapons components, and weapons-related technology and expertise. This is also for programs relating to the training and support of defense and military personnel for demilitarization and protection of weapons, weapons components and weapons technology and expertise, and for defense and military contacts. Of this amount, $15,000,000 shall be available only to support the dismantling and disposal of nuclear submarines and submarine reactor components and for transport and storage of nuclear warheads in the Russian Far East.
Title VI, Other Department of
Defense Programs
Defense Health Program
·
Not less than $7,500,000 shall be available for
HIV prevention educational activities undertaken in connection with
·
Amends Title VI, Defense Health Program, of the DoD Appropriations Act, 2004, P.L.
108-87,
Title VIII, General Provisions
· Section 8002, as in prior years, states that during FY2005, 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 8026 authorizes DoD during FY2005 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 8051 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 8064 states that none of the funds
available for DoD during FY2005 may be obligated or expended to transfer defense articles or services
(other than intelligence services) to another nation or international
organization for specified below activities unless the congressional defense
committees, the Senate Foreign Relations Committee, and the House International
Relations Committee are notified fifteen 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 8066 authorizes the Secretary of Defense
to issue loan guarantees of up to $15,000,000,000 in support of
· Funds appropriated for DoD and for intelligence activities in this Act are available for transfer to the Department of State as a remittance for a fee charged by the Department of State for FY2005 for the maintenance, upgrade, or construction of U.S. diplomatic facilities only to the extent that the amount of the fee so charged (when added to other amounts of such fees previously charged for that fiscal year) exceeds the total amount of the unreimbursed costs incurred by the departments and agencies funded by this Act during that fiscal year in providing goods and services to the Department of State.
·
Section 8074, 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 8075 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 8077 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 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 8095 directs that $155,290,000 of the
funds appropriated under FY2005 Research, Development, Test, and Evaluation,
Defense-Wide shall be made available for the Arrow missile defense program.
$68,000,000 shall be available for producing Arrow missile components in
the
·
Section 8119 authorizes the use of $20,000,000
appropriated under the heading Operations and Maintenance, Defense-Wide for the
Regional Defense Counter-Terrorism
Fellowship Program, to fund the education and training of foreign military
officers, ministry of defense civilians, and other foreign security officials,
to include U.S. military officers and civilian officials whose participation
directly contributes to the education and training of these foreign students.
Title IX, Additional War-Related
Appropriations
Department of Defense – Military
Operation and Maintenance
Iraqi Freedom Fund
·
$3,800,000,000 to remain available until
Other Department of Defense
Programs
General Provisions, Title IX
·
Section 9006 authorizes the Secretary of Defense
to use not more than $500,000,000, with the concurrence of the
· This assistance may include the providing of equipment, supplies, services, training, and funding.
· This authority is in addition to any other authority to provide assistance to foreign nations.
·
Section 309, P.L. 108-324,
· Section 9007 authorizes the use of funding not to exceed $300,000,000 for the Commander’s Emergency Response Program for the purpose of enabling military commanders in Iraq to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi people, and to fund a similar program to assist the people of Afghanistan.
·
Section 308, P.L. 108-324,
·
Section 9008 amends Section 202(b), P.L.
107-327, authorizing the drawdown ceiling of $550,000,000 (vice $450,000,000)
in defense articles, services and
training to foreign nations for operations within
·
The latest drawdown for
· Section 9009 authorizes the use of DoD FY2005 funding, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan.
Title X, Other Matters
Chapter 1, Department of State
Administration of Foreign Affairs
Diplomatic and Consular Programs
·
$665,300,000 to remain available until expended
for costs associated with U.S. Mission operations, technological support,
logistical support, and necessary security costs in
Embassy Security, Construction,
and Maintenance
·
$20,000,000 to remain available until expended
for interim facilities for the U.S. Mission in
General Provisions, This Chapter
·
Section 11002 appropriates $50,000,000 to remain
available until
Chapter 2, Bilateral Economic
Assistance
Funds Appropriated to the
President
·
$70,000,000 to remain available until expended
to be available in response to humanitarian crisis in the
Department of State, Migration
and Refugee Assistance
·
$25,000,000 to remain available until expended
to be available in respond to the humanitarian crisis in the
General Provisions, This Chapter
·
Section 12001 authorizes the President to transfer to
·
Armor, artillery, automatic weapons ammunition,
missiles, and other munitions that are obsolete or surplus, in the inventory of
DoD, intended as reserve stocks in
·
The value of concessions shall be at least equal
to the fair market value of the items transferred. Concessions may include cash compensation,
services, waiver of charges otherwise payable by the
· This transfer authority will expire two years after enactment of this Act.
· Section 12002(1) amends Section 514(b)(2)(A), FAA, authorizing up to $100,000,000 of defense articles to be stockpiled in foreign countries for each FY2004 and FY2005.
· Section 12002(2) amends Section 514(b)(B), FAA, authorizing up to $100,000,000 of defense articles to be stockpiled in Israel “for a fiscal year” removing the requirement for specific fiscal year authorities.
Ronald
W. Reagan National Defense Authorization Act for Fiscal Year 2005, P.L.
108-375,
·
Reported out of the Senate Armed Services
Committee (SASC) as S2400 on
Division A – Department of
Defense Authorizations
Title I – Procurement
Subtitle A – Authorization of
Appropriations
Operation and Maintenance Funding (Section 301)
·
Authorizes the appropriation of $59,000,000 for Overseas Humanitarian, Disaster, and Civic
Aid programs.
·
Authorizes the appropriation of $409,200,000 for
Cooperative Threat Reduction programs.
Other Department of Defense Programs (Section 303)
·
Section 303(c) authorizes the appropriation of
$852,947,000 for Drug Interdiction and Counter-Drug Activities, Defense-Wide.
Subtitle F – Other Matters
Reimbursement for Certain Protective, Safety, or Health Equipment
Purchase by or for Members of the Armed Forces Deployed in Contingency
Operations (Section 351)
· The Secretary of Defense shall reimburse a member of the armed forces for the cost (including any shipping costs), not to exceed $1,100, of any protective, safety, or health equipment purchased by the member or by another person on behalf of the member for personal use in connection with Operation Noble Eagle, Operation Enduring Freedom, or Operation Iraqi Freedom, provided:
· It is certified that the equipment was critical to the protection, safety, or health of the member.
· The member was not issued the equipment before engaging in operations in the areas of the forenamed Operations.
·
And, the equipment was purchased by the member
during the period
Title V – Military Personnel
Policy
Subtitle A – Officer Personnel
Policy
Limitation on Number of Officers Frocked to Major General or Rear
Admiral (Section 503)
· Amends 10 U.S.C. 777(d) restricting the number of brigadier generals and rear admirals (lower half) to be frocked to major general or rear admiral to not exceed thirty. There was no restriction before on the frocking to the two-star rank.
Authority to Redesignate the Naval Reserve as the Navy Reserve (Section
517)
· The Secretary of the Navy with the approval of the President may redesignate the Naval Reserve as the Navy Reserve.
Subtitle B – Bonuses and Special
and Incentive Pays
Revision of authority to Provide Foreign Language Proficiency Pay
(Section 620)
·
Amends 37 U.S.C. 316 to authorize the monthly foreign language proficiency payment
not to exceed $1,000. An annual payment
not to exceed $6,000 may be paid to a qualified reserve component member.
Permanent Increase in Authorized Amounts for Imminent Danger Special
Pay and Family Separation Allowance (Section 623)
· Amends 37 U.S.C. 310(e) increasing imminent danger pay from $150 to now $225.
· Likewise amends 37 U.S.C. 427(e) increasing family separation allowance from $100 to now $250.
Death Benefits Enhancement (Section 643)
· Provides for the President to submit to Congress a report along with a request for appropriations and any required changes in legislation regarding any death benefits enhancements for members of the armed services to include the death gratuity, the Servicemen’s Group Life Insurance (SLGI), and additional death benefits for in the line of duty deaths especially while exposed to hostile action.
Title VIII – Acquisition Policy,
Acquisition Management, and Related Matters
Subtitle C –
Defense Trade Reciprocity (Section 831)
· The Secretary of Defense shall develop a comprehensive defense acquisition trade policy that provides the necessary guidance and incentives for the elimination of any adverse effects of offset agreements in defense trade.
· Likewise, the Secretary shall review and make necessary modifications to existing acquisition policies and strategies, and review and seek to make necessary modifications to existing memoranda of understanding, cooperative project agreements, or related agreements with foreign defense trade partners, to reflect this goal.
· Foreign defense trade partner is defined to mean a foreign country with respect to which there is a 10 U.S.C. 2531(a) memorandum of understanding or related agreement, or a Section 27, AECA, cooperative project agreement.
· Offset agreement is given the meaning as provided by Section 36(e), AECA.
· Defense articles and defense services have the meaning as provided by Section 47(7), AECA.
Title X – General Provisions
Subtitle B – Naval Vessels and
Shipyards
Transfer of Naval Vessels to Certain Foreign Countries (Section 1013)
· Under the authority of Section 516, FAA, by grant transfer, the following ships are authorized for transfer.
·
USS O’Bannon (DD-987) to the government of
·
USS George Philip (FFG-12) and USS Sides
(FFG-14) to the government of
· These grant transfers shall not be counted to the aggregate value ceiling for a fiscal year under Section 516(g), FAA.
· Under the authority of Section 21, AECA, by FMS sale, the following ships are authorized for transfer.
·
USS Fletcher (DD-992) to the government of
·
USS Anchorage (LSD-36) to the
·
Any expenses incurred by the
·
To maximum extent possible, any repair or
refurbishment of the ships shall be completed at a shipyard located in the
· This authority for the ship transfers shall expire two years from enactment of this Act.
Subtitle C – Counterdrug Matters
Use of Funds for Unified Counterdrug and Counterterrorism Campaign in
· In FY2005 and FY2006, funds made available to DoD to provide assistance to the government of Colombia may be used to support a unified campaign by Colombia against narcotics trafficking and against activities by organizations designated as terrorist organizations such as the Revolutionary Armed Forces of Colombia (FARC), the National Liberation Army (ELN), and the United Self-Defense Forces of Colombia (AUC). This authority includes actions to protect human health and welfare in emergency circumstances including the undertaking of rescue operations.
·
The use of this funding shall be subject to
Sections 556, 567, and 568, P.L. 107-115,
·
Likewise, the use of this funding shall be
subject to Section 8076, P.L. 108-287,
·
·
Likewise, the number of
·
Except for the purpose of acting in self-defense
or of rescuing
Sense of Congress and Report Regarding Counterdrug Efforts in
·
The Secretaries of Defense and State shall
jointly prepare a report that describes the progress made towards substantially
reducing poppy cultivation and heroin production capabilities in
Title XII – Matters Relating to
Other Nations
Subtitle A – Matters Relating to
Commanders’ Emergency Response Program (Section 1201)
·
Authorizes the FY2005 appropriation not to
exceed $300,000,000 for this fund.
Assistance to
·
Authorizes for FY2005 the use of DoD operation
and maintenance funding not to exceed $500,000,000 for equipment, supplies,
services, and training assistance to
· The Secretary of Defense shall submit a notification to the congressional defense committees fifteen days before providing such assistance.
Support of Military Operations to combat Terrorism (Section 1208)
·
The Secretary of Defense may expend up to
$25,000,000 in DoD operation and maintenance funding during any fiscal year to provide support to foreign forces,
irregular forces, groups, or individuals engaging in supporting or facilitating
ongoing military operations by
· The Secretary shall notify the congressional defense committees “expeditiously, and in any event in not less than 48 hours,” of the use of this authority.
· This authority may not be delegated.
· This authority is in effect during FY2005 through FY2007.
Subtitle C – Other Matters
Authority for Humanitarian Assistance for the Detection and Clearance
of Landmines Extended to Include Other Explosive Remnants of War (Section 1221)
· Amends 10 U.S.C. 401(e)(1) to include “other explosive remnants of war.”
Availability of
· Authorizes the use of $4,000,000 FY2005 Operation and Maintenance, Defense-Wide Activities by Defense Security Cooperation Agency (DSCA) for the Warsaw Initiative Funds for participation by the seven new NATO members in the exercises and programs of the Partnership for Peace (PfP) program of NATO.
Bilateral Exchanges and Trade in Defense Articles and Defense Services
between the
·
The Secretary of State shall ensure that any
license application submitted for the export of defense articles or services to
Australia or the United Kingdom is
expeditiously processed by the Department, in consultation with the Department
of Defense, without referral to any other federal department or agency, except
where the item is classified or exceptional circumstances apply. The President shall ensure that regulations
are prescribed to implement this Section.
Study on Missile Defense Cooperation (Section 1226)
· The Secretary of Defense, in consultation with the Secretary of State, shall carry out a study to determine the advisability of authorizing or requiring the Secretary of State to establish procedures for considering technical assistance agreements and related amendments and munitions licenses applications for the export of defense items related to missile defense not later than thirty days after receipt of such applications, except where the Secretary of State determines more time is needed for review for foreign policy or national security reasons, to include concerns about the proliferation of ballistic missile technology.
· Likewise, the Secretary of Defense shall include in the study establishing procedures to increase the efficiency and transparency of the Defense Department review of such applications.
· This study shall include the feasibility of providing major project authorizations for programs related to missile defense similar to the comprehensive export authorization specified in 22 C.F.R. 126.14, the International Traffic in Arms Regulation (ITAR).
· This study shall be submitted not later 180 days after enactment of this Act to the congressional committees for armed services and foreign relations.
Title XIII – Cooperative Threat
Reduction with States of the Former
Funding Allocations (Section 1302)
·
Authorizes the FY2005 appropriation of
$409,200,000 which is the amount appropriated by P.L. 108-287,
Table Twelve
Cooperative Threat Reduction (CTR) Program
Authorizations
FY2005 Funding
($ in millions)
FY2004 FY2005
P.L.108-136 P.L.108-375
Program Authority Authority
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/Admin Support 13.100 14.317
Defense and Military Contacts 11.100 8.000
Chemical
Weapons Destruction in
Biological Weapons Proliferation Prevention in the former
Soviet Union 54.200 54.959
Weapons of Mass Destruction Proliferation in the States of
the former Soviet Union 39.400 40.030
Total CTR Program Authorization $450.800 $409.200
Note: Department of Defense Appropriations Act, 2005, Title II, P.L.108-287, 5 August 2004, earlier appropriated the later authorized $409.200 million for CTR Program; however, $15 million was earmarked to support the dismantling and disposal of nuclear submarines, submarine reactor components, and security enhancements for transport and storage of nuclear warheads in the Russian Far East.
Title XV – Authorization for
increased Costs due to Operation Iraqi Freedom and Operation Enduring Freedom
Iraqi Freedom Fund (Section 1507)
· Authorizes the appropriation of $3,892,000,000.
Transfer Authority (Section 1511)
·
If determined necessary in the
Departments
of Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2005, Division B, P.L. 108-447,
·
Enacted as Division B of the Consolidated Appropriations Act, 2005,
P.L. 108-477,
· The original HR4754 was placed by the conference into the consolidated appropriations act as Division B of the enlarged HR4818 for final action by both houses.
· This appropriation was included in the mandated 0.80 percent rescission.
· The Department of State portion of the bill is Title IV, with the other named departments and agencies of government having their own titles.
Title IV – Department of State
and Related Agency
Department of State
Administration of Foreign Affairs
Diplomatic and Consular Affairs
· $3,570,000,000 for necessary expenses of the Department and the Foreign Service not otherwise provided for, to include, inter alia:
· Not more than 71 permanent positions for the Bureau of Legislative Affairs.
· Not more than $4,000,000 may be transferred to the Emergencies in the diplomatic and Consular Service account.
· $319,994,000 shall be available only for public diplomacy international information programs.
· $3,000,000 shall be available only for the operations of the Office on Right-sizing the U.S. Government Overseas Presence.
· No funds shall be used for processing licenses for the export of U.S.-origin satellites to include commercial satellites and components to the Peoples’ Republic of China unless the congressional appropriations committees are notified fifteen days in advance of such proposed action.
· $185,128,000 is for Near East Affairs.
· $80,234,000 is for South Asian Affairs.
· $251,706,000 is for African Affairs.
·
$2,000,000 shall be used for a grant to conduct
an international conference on the human rights situation in
· $200,000 is for a grant to the Center for the Study of the Presidency.
· $1,900,000 is for a grant to Shared Hope International to combat international sex tourism.
· $658,702,000 to remain available until expended for the cost of worldwide security upgrades.
· $5,000,000 is for the Center for Antiterrorism and Security Training.
·
Beginning with FY2005 and thereafter the
Secretary of State is authorized to charge surcharges related to consular
services in support of enhanced border security that are in addition to the
passport and immigration visa fees in effect on
· These surcharges shall be $12 for passport fees and $45 on immigrant visa fees.
Capital Investment Fund
·
$52,149,000 to remain available until expended.
Protection of Foreign Missions and Officials
·
$9,894,000 to remain available until
Embassy Security, Construction, and Maintenance
· $611,680,000 to remain available until expended of which not to exceed $25,000 may be used for domestic and overseas representation as authorized.
· $912,320,000 to remain available until expended for the costs of worldwide security upgrades, acquisition, and construction as authorized.
·
Funds appropriated to this account in Title X,
P.L. 108-287,
Emergencies in the Diplomatic and Consular Service
· $1,000,000 to remain available until expended.
Payment to the American Institute in
·
$19,482,000 to carry out the Taiwan Relations Act, P.L. 96-8,
International Organizations
Contributions to International Organizations
· $1,182,000,000 to remain available until expended of which:
·
Up to $6,000,000 may be used for the cost of a
direct loan to the U.N. for the cost of renovating its headquarters in
· The Secretary of State shall notify the congressional appropriations committees at least fifteen days in advance of any U.N. action to increase funding in any program without identifying an offsetting decrease somewhere else in the budget to cause the U.N. exceed the adopted biennium 2004-2005 budget of $3,160,860,000.
Contributions for International Peacekeeping Activities
· $490,000,000 for international peacekeeping activities.
· None of these funds shall be obligated for any new or expanded U.N. peacekeeping mission until the appropriate congressional committees are notified at least fifteen days in advance of the U.N. voting on such action. The notification is to include the estimated cost, length of mission, the vital national interest to be served, and the exit strategy.
·
None of this funding shall be used to pay the
Other
Payment to the
· $13,000,000 to remain available until expended.
Center for Middle Eastern-Western Dialogue
·
$6,750,000 to remain available until
expended. An additional $250,000 for the
Steering Committee.
National Endowment for Democracy
· $60,000,000 to remain available until expended.
General Provisions – Department
of State and Related Agency
·
Section 404.
The Senior Policy Operating Group on Trafficking in Persons established
by Section 406, Division B, P.L. 108-7,
·
Section 409.
The Secretary of State shall require each chief of mission to review,
not less than once every five years, every staff element under the chief’s
authority, including staff from other departments or agencies of the
Intelligence
Reform and Terrorism Prevention Act (IRTPA) of 2004, P.L.
108-458,
·
To investigate and report to the Congress and
the President the causes for, and recommendations for the prevention of future
similar attacks, the 9 September 2001 terrorist attacks in New York, Washington
DC, and Pennsylvania; Title VI, P.L. 107-306, 27 November 2002, established,
tasked, and funded the National Commission on Terrorist Attacks Upon the United
States, later referred to as the “9/11 Commission.” Initially funded at $3,000,000 from P.L.
107-248,
·
In July 2004, the Commission released the widely
distributed report launching a series of congressional hearings with the goal
of improving the
·
On
·
S2845 to reform the
Title III – Security Clearances
Security Clearances (Section 3001)
· The President shall, within ninety days after enactment of this Act, select a single department, agency or element of the executive branch to be responsible, inter alia, for directing the day-to-day oversight of investigations and adjudications for personnel security clearances throughout the U.S. government, ensuring reciprocal recognition of access to classified information, and the review and coordination of the development of tools and techniques for enhancing the conduct of investigations and granting of clearances.
·
Not later than 180 days after enactment of this
Act, a single agency of the executive branch shall be selected to conduct
security clearance investigations of employees and contractor personnel of the
· All security clearance background investigations and determinations completed by an authorized investigative agency or authorized adjudicative agency shall be accepted by all agencies and be transferable.
· Not later than twelve months after enactment of this Act, the Office of Personnel Management (OPM) shall establish, operate, and maintain an integrated, secure, database into which appropriate data relevant to the granting, denial, or revocation of a security clearance or access pertaining to military, civilian, or government contractor personnel shall be entered from all authorized investigative and adjudicative agencies.
·
Section 3001(i) authorizes the FY2005, and
subsequent fiscal years thereafter, appropriation of funding necessary for the
implementation, maintenance, and operation of the directed OPM integrated database.
Title IV – Transportation
Security
Subtitle B – Aviation Security
International Agreements to Allow Maximum Deployment of Federal Air
Marshals (Section 4017)
· The President is encouraged to pursue aggressively international agreements with foreign governments to allow the maximum deployment of Federal air marshals on international flights.
Foreign Air Marshal Training (Section 4018)
· The Assistant Secretary for Immigration and Customs Enforcement of the Department of Homeland Security, after consultation with the Secretary of State, may direct the Federal Air Marshal Service to provide appropriate air marshal training to law enforcement personnel of foreign countries.
· This training may only be provide after comparing the identifying information and records of the foreign personnel against all appropriate records in the consolidated and integrated terrorist watchlists maintained by the Federal government.
· Reasonable fees and charges to pay expenses for this training shall be established. Funds collected for this training shall be credited to the Treasury account from which the expenses were incurred and shall be available to the Assistant Secretary for purposes for which amounts in such account are available.
Improved Pilot Licenses (Section 4022)
· Not later than one year after enactment of this Act, the Federal Aviation Administration (FAA) shall begin to issue improved pilot licenses consistent with the requirements of 49 USC and 14 CFR. These improved licenses shall:
· Be resistant to tampering, alterations, and counterfeiting;
· Include a photograph of the individual issued the license; and
· Be capable accommodating a digital photograph, a biometric identifier, or any other unique identifier.
· Methods shall be developed to determine or reveal whether any component or security feature of an issued license has been tampered, altered, or counterfeited.
Prohibited Items List (Section 4025)
· Not less than sixty days after enactment of this Act, the Transportation Security Administration (TSA) shall complete a review of the list of items prohibited from being carried on board a passenger aircraft and shall release a revised list that includes butane lighters and any other modification considered appropriate.
·
This review was completed by
Man-Portable Air Defense Systems (MANPADS) (Section 4026)
· The President is encouraged to seek to enter into agreements with foreign governments that, at a minimum, would:
· Prohibit the entry into force of a MANPADS manufacturing license agreement and MANPADS co-production agreement, other than the entry into force of a manufacturing license or co-production agreement with a country that is party to such an agreement;
· Prohibit, except pursuant to transfers between governments, the export of a MANPADS, including any component, part, accessory, or attachment thereof, without an individual validated license; and
· Prohibit the reexport or retransfer of a MANPADS, including any component, part, accessory, or attachment thereof, to a third person organization, or government unless the written consent of the government that approved the original export or transfer is first obtained.
· The President should continue to pursue further strong international diplomatic and cooperative efforts, including bilateral and multilateral treaties, in the appropriate forum to assure the destruction of excess, obsolete, and illicit stocks of MANPADS worldwide.
· Not less than 180 days after enactment of this Act, the President shall provide to the appropriate congressional committees a report of the status of diplomatic efforts to comply with the recommendations of the Government Accountability Office Report, GAO-04-519, entitled “Nonproliferation: Further Improvements Needed in U.S. Efforts to counter Threats from Man-Portable Air Defense Systems.” After the submission of this report, the Secretary of State shall annually brief the appropriate congressional committees on the status of the diplomatic and compliance efforts set forth.
· As soon as practicable, but not later than the date of completion of Phase II of Department of Homeland Security’s counter-MANPADS development and demonstration program, the FAA shall establish a process for conducting airworthiness and safety certification of missile defense systems for commercial aircraft certified as effective and functional by the Department of Homeland Security. This process shall require a certification by the FAA that such systems can be safely integrated into aircraft systems and ensure airworthiness and aircraft system integrity.
· The President is encouraged to pursue strong programs to reduce the number of MANPADS worldwide so that fewer MANPADS will be available for trade, proliferation, and sale. Funding is to be authorized for appropriation as may be necessary to carry out this program.
Title V – Border Protection,
Immigration and Visa Matters
Subtitle B – Border and
Immigration Enforcement
Increase in Full-Time Border Patrol Agents (Section 5202)
· In each of FY2006 through FY2010, the Secretary of Homeland Security shall, subject to the appropriation of funding, increase by not less 2,000, the number of full-time active duty border agents above the previous fiscal year.
·
In each of FY2006 through FY2010, in addition to
the agents assigned along the northern border of the
Increase in Full-Time Immigration and Customs Enforcement Investigators
(Section 5203)
· In each of FY2006 through FY2010, the Secretary of Homeland Security shall, subject to available appropriations for such purposes, increase by not less than 800 the number of positions for full-time active duty immigration investigators above the number of such positions for which funds were made available during the preceding fiscal year.
Subtitle C – Visa Requirements
Deportation of Aliens who have received Military-Type Training from
Terrorist Organizations (Section 5402)
· Amends Section 237(a)(4), Immigration and Nationality Act [also 8 USC 1227(a)(4)] so that any alien who has received military-type training from or on behalf of any organization that, at the time the training was received, was a terrorist organization is deportable.
· Military-type training is further defined to include training in means or methods than can cause death or serious bodily injury, destroy or damage property, or disrupt services to critical infrastructure, or training on the use, storage, production, or assembly of any explosive, firearm, or other weapon, including any weapon of mass destruction.
Title VII – Implementation of
9/11 Commission Recommendations
·
This Title includes Sections 7001 through 7804
and is entitled 9/11 Commission
Implementation Act of 2004, Title VII, P.L. 108-458,
·
Section 7103(c) amends P.L. 107-57, 27 October
2001, providing the President the authority to waive certain AECA, FAA, and
annual foreign operations appropriations act prohibitions through FY2006
regarding assistance for Pakistan. See the earlier discussion for Section
534(n), Division D, P.L. 108-447,
Assistance for
·
This Section is also entitled the Afghanistan Freedom Support Act Amendments
of 2004, Section 7104, P.L. 108-458,
·
Section 104(c), P.L. 107-327, is amended
requiring the presidentially-appointed coordinator, within State Department,
for
·
A new Section 207 is added to P.L. 107-327,
providing the sense of Congress for more activity to reduce the poppy
cultivation, heroin production, and the use of monies by terrorist groups from
illegal drug activity in
·
Section 7104(l) repeals Section 620D, FAA,
prohibiting FAA-authorized funding assistance to
·
Section 7104(m) amends Section 108(a), P.L.
107-327, to authorize such funds as may be necessary for each FY2005 and
FY2006.
The Relationship between the
·
Provides the sense of Congress that, while
recognizing the increased counterterrorism cooperation between the
Case-Zablocki Act Requirements (Section
7121)
·
Amends 1 USC 112a requiring the Secretary of
State to make available to the public through the State Department Internet
website each treaty or international
agreement proposed to be published in the compilation entitled United States Treaties and Other
International Agreements not later than 180 days after the date on which
the treaty or agreement enters into force.
·
The Secretary of State shall annually submit to
Congress an index of all international agreements, listed by country, date,
title, and with a summary, that has been signed, proclaimed, or with reference
to which any other final formality has been executed, or that has been extended
or otherwise modified, during the preceding calendar year and has not been
published or is not to be published in the directed new internet
compilation. This report may be
classified.
International Standards for Transliteration
of Names into the Roman Alphabet for International Travel Documents and
Named-Based Watchlist Systems (Section 7205)
·
Provides the sense of Congress, recognizing the
lack of a single convention for translating
Arabic names enabled some of the 9/11 hijackers to defeat name-based
terrorist watchlist systems and making potential efforts difficult to locate
them, that the President should seek an international agreement to modernize
and improve standards for the transliteration of names into the Roman alphabet
for international travel documents and named-based watchlist systems.
Travel Documents (Section 7209)
· The Secretary of Homeland Security in consultation with the Secretary of State shall develop and implement a plan not later than 1 January 2008 to require a passport or other document deemed sufficient to denote identity and citizenship for all travel into the U.S. by U.S. citizens and by categories of individuals for whom documentation requirements have been previously waived under 8 USC 1182(d)(4)(B).
·
On
Minimum Standards for Birth Certificates
(Section 7211)
· In the interest of combating terrorism, not later than one year of enactment of this Act, the Secretary of Health and Human Services shall publish regulations establishing minimum standards for birth certificates to be used by the States beginning two years later. This two year requirement can be extended by the Secretary for two more years if determined the State has made reasonable efforts to comply but was unable to do so.
· Additionally, the Secretary shall award grants to States to assist in computerizing birth and death records, develop a capability to match the records within and among the States, and noting the fact of death on birth certificates of deceased persons.
Driver’s Licenses and Personal Identification
Cards (Section 7212)
· Also in the combating of terrorism, not later than eighteen months after enactment of this Act, the Secretary of Transportation shall by regulation establish minimum issuance, verification, and data standards for driver’s licenses or personal identification cards issued by the States. No Federal agency may accept, for any official purpose, a license or identification card newly issued by a State more than two years (extendable by two years) after the promulgation of the standardization regulations unless the license or identification card complies with the minimum standards.
· The Secretary shall proportionally award grants to States to assist in meeting the minimum standards.
· The proposed FY2005 Emergency Supplemental Appropriations Act (HR1268) will significantly amend this Section.
Social Security Cards and Numbers (Section
7213)
·
Not later than one year after enactment of this
Act, the Commissioner of Social Security shall restrict the issuance of
multiple replacement cards to any individual to three per year and ten for the
life of the individual. The Commissioner
is to also authorized to make reasonable exceptions on a case-by-case basis.
·
The Commissioner is also to establish and
implement minimum standards for verification of documents to establish
eligibility for an original or a replacement social security card.
Prohibition of the Display of Social
Security Account Numbers on Driver’s Licenses or Motor Vehicle Registrations
(Section 7214)
·
For licenses, identification cards, or
registrations issued one year after enactment of this Act, no social security account number may be
displayed, to also include within a magnetic strip, bar code, or other means of
communications which conveys this number.
Military
Construction Appropriations and Emergency Hurricane Supplemental Appropriations
Act, 2005, P.L. 108-324,
·
HR4837 was reported out of the House
Appropriations Committee (HAC) on
·
Section 122, Division J, P.L. 108-447,
·
Division A is Military Construction Appropriations Act, 2005, providing funds and
other legislation for DoD construction for FY2005. Division B is Emergency Supplemental Appropriations for Hurricane Disasters
Assistance Act, 2005, providing additional appropriations for the
Division A – Military Construction
Appropriations Act, 2005
·
Appropriates $165,800,000 to remain available
until expended as the
General Provisions
· Section 109 provides that no funds available to DoD for military construction or family housing during FY2005 may be used to pay real property taxes in any foreign nation.
·
Section 111 provides that none of the funds made
available by this Act may be obligated for architect and engineer contracts
estimated to exceed $500,000 for projects to be accomplished in
·
Section 112 provides that none of the funds made
available by this Act for military construction in the U.S. territories and
possessions in the Pacific and on
Kwajalein Atoll or in countries bordering the Arabian Sea, may be used to
award any contract estimated to exceed $1,000,000 to a foreign contractor.
·
This does not apply to contract awards for which
the lowest responsive and responsible bid of a
·
This shall not apply to contract awards for
military construction on Kwajalein Atoll for which the lowest responsive and
responsible bid is submitted by a Marshallese contractor.
·
Section 118 provides for the Secretary of
Defense to provide an annual report by February 15 to the congressional
appropriations committees containing details of the specific actions proposed
to be taken by DoD during the current fiscal year to encourage other member
nations of NATO, Japan, Korea, and U.S. allies bordering the Arabian Sea to
assume a greater share of the common
defense burden of such nations and the U.S.
· Section 121 provides that none of the funds provided by this Act may be obligated for Partnership for Peace (PfP) programs in the New Independent Sates (NIS) of the former Soviet Union (FSU).
Division B – Emergency
Supplemental Appropriations for Hurricane Disasters Assistance Act, 2005
Chapter 3, Department of Defense
General Provisions – This Chapter
·
Section 308 amends Section 9007, P.L. 108-287,
·
Section 309 amends Section 9006, P.L. 108-287, 5
August 2004, authorizing the use of funding not to exceed $500,000,000 to
train, equip, and provide related assistance only to the New Iraqi Armed Forces (vice New Iraqi Army) and the Afghan National Army. This is to allow assistance to also include the
Iraqi National Guard.
Chapter 5, Bilateral Economic
Assistance Funds Appropriated to the President
United States Agency for
International Development
·
Appropriates an additional $100,000,000 to
remain available until
Conclusion
This year’s article includes the
description and analysis of six pieces of legislation that impacted
http://www.whitehouse.gov/omb/budget/amendments/supplemental_2_14_05.pdf.
Foreign
Operations, Export Financing, and Related Programs Appropriations Act, 2005, Division
D, P.L. 108-447, 8 December 2004, initially appropriated $7,553,230,000 for
FY2005 security assistance programs; however, Division J of the same P.L.
108-447, mandated an across-the-board rescission of 0.80 percent which amounted
to $60,426,000 causing the final appropriation for ESF, IMET, FMFP, and PKO
available for initial allocation to be $7,492,804,000. Other than an additional $75,000,000 for
peacekeeping operations in the
The FY2006 security assistance funding request includes $3,036,375,000 for ESF, $86,744,000 for IMET, $4,588,600,000 for FMFP, and $195,800,000 for PKO. Program and country-specific information for the FY2006 request can be viewed at http://www.state.gov/m/rm/rls/cbj/2006/.
This year’s legislation reinforces that
security assistance programs continue to be a principal
Acknowledgements
The
efforts and valued support of others very much aided in the preparation of
this article and they must be recognized.
The review of the manuscript by Defense Security Cooperation Agency
(DSCA) -- Lt Col Ronald Todd, JAG, USAF, within the Office of the General
Counsel (DSCA/OGC), and
This article has been placed on the DISAM
webpage by Donna Fell-Bourelle for future reference. It is located at http://www.disam.dsca.mil/pubs/USG/USGPubs.htm
along with other security assistance-related material to include the
legislation articles from prior fiscal years.
About the
Author
Ken
Martin has been at DISAM for over sixteen 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