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Annex B: Evaluation of the Use of "Notwithstanding" Authority


U.S. Government Assistance to and Cooperative Activities with Eurasia
Bureau of European and Eurasian Affairs
January 2006
Report
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EVALUATION OF THE USE OF "NOTWITHSTANDING" AUTHORITY

In FY 2005, the U.S. Government continued to use "notwithstanding" authority to respond to unanticipated needs and to provide assistance to the Eurasian states. While U.S. Government agencies have been careful to limit their use of "notwithstanding" authority for Eurasian assistance programs, this authority has given them the flexibility to carry out their respective missions in the difficult working environment of the Eurasian countries. Provided below are descriptions of uses of "notwithstanding" authority during FY 2005:

AGENCY DATE ACTIVITY AMOUNT
USAID Throughout FY 2005 Personal Services Contracts Various

USAID relied on "notwithstanding" authority throughout FY 2005 to waive legislation prohibiting federal agencies from employing individuals under personal services contracts (PSCs) to work in Washington. Since USAID-Washington has substantial management responsibilities for Eurasian programs, it has been necessary for the Bureau for Europe and Eurasia to employ Washington-based PSCs, especially technical specialists, to ensure adequate program management.

AGENCY DATE ACTIVITY AMOUNT
USAID,
U.S. Department of State
Throughout FY 2005 Assistance to the Central Government of Uzbekistan 4.16 million

The Department of State and USAID relied on "notwithstanding authority" when the Secretary of State was not able to determine that the Government of Uzbekistan (GOU) was meeting the requirements of section 577(a) of the FY 2005 Foreign Operations Appropriations Act, which requires that the GOU make "substantial and continuing progress" in a number of areas, including democratic reform and human rights. Notwithstanding authority was relied on to allow the provision of certain types of U.S. assistance to the central GOU through the FY 2005 FREEDOM Support Act (FSA). Affected programs included technical assistance related to WTO accession and, health care reform, and activities to promote the proper treatment of detainees, and to combat HIV/AIDS, drug trafficking, and trafficking in persons.

AGENCY DATE ACTIVITY AMOUNT
U.S. Department of Homeland Security, Bureau of Customs, Border Protection (CBP), U.S. Department of State Throughout FY 2005 Georgia Border Security and Law Enforcement (GBSLE) Program Various

EUR/ACE relied on "notwithstanding" authority to permit CBP to procure radios used to enhance the communication network for the Georgia Border Guard, ensuring adequate communications for remote border sites and at major ports of entry along the Georgia borders.

AGENCY DATE ACTIVITY AMOUNT
U.S. Department of State Throughout FY 2005 Cooperative Grants Various

Throughout FY 2005, the Humanitarian Programs Division of the Office of the Coordinator of U.S. Assistance to Europe and Eurasia (EUR/ACE) exercised "notwithstanding authority" to award non-competitive follow-on grants to the following U.S. private voluntary organizations (PVOs) to provide continued emergency and transitional assistance to the Eurasian countries: Counterpart International, CitiHope, United Methodist Committee on Relief (UMCOR), Heart-to-Heart, International Relief and Development (IRD), Project Hope, The Vishnevskaya - Rostropovich Foundation, A Call to Serve, and the World Council of Hellenes. EUR/ACE uses "notwithstanding authority" to provide critically needed commodities to displaced and/or suffering populations in partnership with U.S. PVOs throughout the Eurasian countries.

AGENCY DATE ACTIVITY AMOUNT
U.S. Department of State Throughout FY 2005 Ukraine - Coal Mine Safety Various

In FY 2005 the Department of State and the Department of Labor relied on "notwithstanding authority" to renew support non-competitively to an ongoing FREEDOM Support Act-funded, University of Kentucky project to improve safety conditions by facilitating the creation of small businesses to provide equipment and material in support of the Coal Mine Safety Program in the Donetsk region of Ukraine.

AGENCY DATE ACTIVITY AMOUNT
U.S. Department of State Throughout FY 2005 Administrative Contractual Support Various

The Office of the Coordinator of U.S. Assistance to Europe and Eurasia (EUR/ACE) relied on "notwithstanding" authority throughout FY 2005 to waive legislation prohibiting federal agencies from contracting with individuals to work in Washington. Since EUR/ACE has substantial management responsibilities for Eurasian programs, it has been necessary for the Bureau for Europe and Eurasia to employ Washington-based contract support, especially technical specialists, to ensure adequate program management.

AGENCY DATE ACTIVITY AMOUNT
U.S. Department of State Throughout FY 2005 International Narcotics and Law Enforcement police training Various

Throughout FY 2005, in consultation with the U.S. Coordinator of Assistance to Europe and Eurasia (EUR/ACE), the Bureau of International Narcotics and Law Enforcement (INL) Affairs relied on "notwithstanding authority" to implement FREEDOM Support Act-funded programs that provide assistance to police forces in the former Soviet Union, which is generally prohibited by section 660 of the Foreign Assistance Act. These programs include support for counternarcotics efforts, procurement of equipment, basic police training, academy development and human rights training for police.

AGENCY DATE ACTIVITY AMOUNT
USAID Throughout FY 2005 Assistance to law enforcement officials for human rights reform in Kyrgyzstan and Kazakhstan $ 295,000 KYR
$ 69,500 KAZ

USAID exercised "notwithstanding" authority to permit critical human rights-related technical assistance to local law enforcement officials and other key government stakeholders. Assistance includes trainings on human rights standards, and workshops promoting freedom of assembly and rights protection.

AGENCY DATE ACTIVITY AMOUNT
USAID Throughout FY 2005 Human Rights- Regional Tolerance Project N/A

USAID extended its approval of use of "notwithstanding authority" to permit participation of local police forces in training on tolerance in Russia through USAID's Human Rights-Regional Tolerance Councils implemented by the Bay Area Council for Jewish Rescue and Renewal. The original approval of use of "notwithstanding authority" was issued in May 2004. The approval was extended (though no new funding was required) to continue training Russian law enforcement officials to pursue, investigate, and prosecute hate crimes and to work with communities to combat intolerance.



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