II 

112TH CONGRESS 

1ST SESSION S. 1426 

To authorize certain authorities by the Department of State, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 27, 2011 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To authorize certain authorities by the Department of State, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Years 2012 and 2013’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 

TITLE I—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 

Subtitle A—General Matters 


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Sec. 101. International Litigation Fund. 

Sec. 102. Actuarial valuations. 

Sec. 103. Special agents. 

Sec. 104. Security enhancements for soft targets. 

Sec. 105. Enhanced Department of State authority for uniformed security officers. 

Sec. 106. Local guard contracts abroad under diplomatic security program. 

Sec. 107. Extension of period for reimbursement for seized commercial fishermen. 

Sec. 108. Authority to issue administrative subpoenas. 

Sec. 109. Technical amendment to Federal Workforce Flexibility Act. 

Sec. 110. Emergency Refugee and Migration Assistance Account. 

Sec. 111. Reimbursement for use of Government vehicles overseas. 

Sec. 112. Accountability review boards. 

Sec. 113. Home-to-work transportation. 

Subtitle B—Public Diplomacy 

Sec. 121. Public diplomacy resource centers. 

Sec. 122. Employment of noncitizens for international broadcasting. 

Sec. 123. Radio Free Europe and Radio Liberty pay parity. 

Sec. 124. Personal services contracting program for the Broadcasting Board of 

Governors. 

Sec. 125. Dissemination of public diplomacy information within the United 

States. 

Sec. 126. Science and technology fellowships. 

Sec. 127. Broadcasting Board of Governors. 

Sec. 128. Journalist protection grants. 

Sec. 129. Performance-based measurement reporting requirements for international exchange programs. 

Sec. 130. Transfer of Vietnam Education Foundation to the Department of 

State. 

Subtitle C—Consular Services and Related Matters 

Sec. 141. Protections for refugees. 

Sec. 142. Signed photograph requirement for visa applications. 

Sec. 143. Electronic transmission of domestic violence information to visa applicants. 

Sec. 144. Video conference interviews. 

Sec. 145. Visa ineligibility for international child abductors. 

TITLE II—ORGANIZATION AND PERSONNEL OF THE 

DEPARTMENT OF STATE 

Subtitle A—Modernizing the Department of State 

Sec. 201. Conflict prevention, mitigation, and resolution training. 

Sec. 202. Mass atrocities. 

Sec. 203. Crisis response. 

Sec. 204. Embassy design. 

Sec. 205. Civilian stabilization operations. 

Sec. 206. Maintenance cost sharing program. 

Subtitle B—Foreign Services Overseas Pay Equity 

Sec. 211. Short title. 


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Sec. 212. Overseas comparability pay adjustment. 

Subtitle C—Other Organization and Personnel Matters 

Sec. 221. Death gratuity. 

Sec. 222. Expansion and extension of annuitant waiver for response readiness 

corps. 

Sec. 223. Locally employed staff. 

Sec. 224. Foreign relations exchange programs. 

Sec. 225. Enhanced personnel authorities for the Inspector General of the Department of State. 

Sec. 226. Amendment to the Foreign Service Act of 1980. 

Sec. 227. Office for Global Women’s Issues. 

Sec. 228. United States Agency for International Development Women’s Development Advisor. 

Sec. 229. Home leave. 

Sec. 230. Training support services. 

Sec. 231. Extension of passport surcharge. 

Sec. 232. Border crossing card fee for minors. 

TITLE III—INTERNATIONAL ORGANIZATIONS 

Sec. 301. Promoting assignments to international organizations. 

Sec. 302. Synchronization of United States contributions to international organizations. 

Sec. 303. Peacekeeping contributions. 

Sec. 304. United States participation in the Inter-Parliamentary Union. 

Sec. 305. Provision of living quarters and allowances to the United States Representatives to the United Nations. 

Sec. 306. Recruitment and retention of United States citizens in international 

organizations. 

Sec. 307. United States membership in the International Renewable Energy 

Agency. 

TITLE IV—MISCELLANEOUS PROVISIONS 

Sec. 401. Limitation on assistance to governments of countries in default. 

Sec. 402. Increased authority to provide assistance for law enforcement forces. 

Sec. 403. Building public awareness and dialogue. 

Sec. 404. Exception to certain multiple award contract requirements. 

Sec. 405. Millennium challenge assistance. 

Sec. 406. Enhancing the capacity of the Office of the Inspector General for the 

United States Agency for International Development. 

Sec. 407. Prohibitions on foreign assistance for the production of certain agricultural commodities. 

Sec. 408. Sense of Congress regarding Central Asia. 

Sec. 409. Global Health Initiative. 

Sec. 410. Discrimination related to sexual orientation. 

Sec. 411. Overseas Private Investment Corporation. 

Sec. 412. Global Internet Freedom. 

Sec. 413. International cyberspace and cybersecurity coordination. 

Sec. 414. Promoting global access to connective technologies. 

Sec. 415. Transition initiatives account. 

Sec. 416. Report on United States Government humanitarian assistance programs. 

Sec. 417. Report repeals. 


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Sec. 418. Working Capital Fund. 

Sec. 419. Retention of interest earned on advanced funds. 

Sec. 420. Statement of global development policy. 

Sec. 421. USAID missions. 

Sec. 422. Monitoring and evaluation of United States foreign assistance. 

Sec. 423. National Action Plan on Women, Peace and Security. 

TITLE V—PEACE CORPS IMPROVEMENT AND EXPANSION 

Sec. 501. Short title. 

Sec. 502. Findings. 

Sec. 503. Report on the implementation of the Peace Corps comprehensive 

agency assessment. 

Sec. 504. Personal services contractors. 

TITLE VI—R.M.S. TITANIC MARITIME MEMORIAL PRESERVATION 

ACT 

Sec. 601. Short title. 

Sec. 602. Findings and purposes. 

Sec. 603. Definitions. 

Sec. 604. Implementation of the international agreement. 

Sec. 605. Effective date. 

TITLE VII—AUTHORIZATION OF APPROPRIATIONS 

Subtitle A—Department of State 

Sec. 701. Administration of foreign affairs. 

Sec. 702. International organizations and conferences. 

Sec. 703. International commissions. 

Sec. 704. Migration and refugee assistance. 

Sec. 705. Centers and foundations. 

Subtitle B—United States International Broadcasting Activities 

Sec. 711. Authorization of appropriations. 

Subtitle C—Peace Corps 

Sec. 721. Authorization of appropriations. 

Subtitle D—Other Provisions 

Sec. 731. Relationship to other laws. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Except as provided in section 503(c), the 

5 term ‘‘appropriate congressional committees’’ means 

6 the Committee on Foreign Relations of the Senate 


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1 and the Committee on Foreign Affairs of the House 

2 of Representatives. 

3 (2) SECRETARY.—Except as otherwise provided, 

4 the term ‘‘Secretary’’ means the Secretary of State. 

5 TITLE I—DEPARTMENT OF 

6 STATE AUTHORITIES AND AC7 TIVITIES 

8 Subtitle A—General Matters 

9 SEC. 101. INTERNATIONAL LITIGATION FUND. 

10 Section 38(d)(3) of the State Department Basic Au11 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended 

12 by striking ‘‘from another agency of the United States 

13 Government’’ and inserting ‘‘as a result of a decision of 

14 an international tribunal, from another agency of the 

15 United States Government,’’. 

16 SEC. 102. ACTUARIAL VALUATIONS. 

17 (a) AUTHORITY OF SECRETARY OF STATE TO MAKE

18 ACTUARIAL VALUATIONS.—Section 818 of the Foreign 

19 Service Act of 1980 (22 U.S.C. 4058) is amended— 

20 (1) in the first sentence, by striking ‘‘Secretary 

21 of the Treasury’’ and inserting ‘‘Secretary of State’’; 

22 and 

23 (2) by amending the second sentence to read as 

24 follows: ‘‘The Secretary of State may expend such 

25 sums as may be necessary to administer the proviVerDate Mar 15 2010 23:53 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1426.IS S1426

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1 sions of this chapter, including actuarial advice, but 

2 only to the extent and in such amounts as are pro3 vided in advance in appropriations acts.’’. 

4 (b) AUTHORITY OF SECRETARY OF STATE TO DE5 TERMINE PORTION OF FOREIGN SERVICE RETIREMENT

6 AND DISABILITY FUND AVAILABLE FOR INVESTMENT.— 

7 Section 819 of such Act (22 U.S.C. 4059) is amended by 

8 striking ‘‘Secretary of the Treasury’’ the second place it 

9 appears and inserting ‘‘Secretary of State’’. 

10 (c) AUTHORITY OF SECRETARY OF STATE TO PRE11 SCRIBE MORTALITY TABLES.—Section 825(b) of such Act 

12 (22 U.S.C. 4065(b)) is amended— 

13 (1) by striking ‘‘subsection (a) (2), (3), or (4)’’ 

14 and inserting ‘‘paragraph (2), (3), or (4) of sub15 section (a)’’; and 

16 (2) by striking ‘‘Secretary of the Treasury’’ and 

17 inserting ‘‘Secretary of State’’. 

18 (d) AUTHORITY OF SECRETARY OF STATE TO MAKE

19 PERIODIC VALUATIONS.—Section 859(c) of the Foreign 

20 Service Act of 1980 (22 U.S.C. 4071h(c)) is amended— 

21 (1) by striking ‘‘Secretary of the Treasury’’ and 

22 inserting ‘‘Secretary of State’’; and 

23 (2) by striking ‘‘and shall advise the Secretary 

24 of State of (1) the normal cost of the System, (2) 

25 the supplemental liability of the System, and (3) the 


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1 amounts necessary to finance the costs of the Sys2 tem.’’ and inserting the following: ‘‘that will pro3 vide— 

4 ‘‘(1) the normal cost of the System; 

5 ‘‘(2) the supplemental liability of the System; 

6 and 

7 ‘‘(3) the amounts necessary to finance the costs 

8 of the System.’’. 

9 SEC. 103. SPECIAL AGENTS. 

10 Section 37 of the State Department Basic Authorities 

11 Act of 1956 (22 U.S.C. 2709) is amended— 

12 (1) in subsection (a), by amending paragraph 

13 (1) to read as follows: 

14 ‘‘(1) conduct investigations concerning— 

15 ‘‘(A) illegal passport or visa issuance or 

16 use; 

17 ‘‘(B) identity theft or document fraud af18 fecting, or relating to, the programs, functions, 

19 or authorities of the Department of State; and 

20 ‘‘(C) Federal offenses committed within 

21 the special maritime and territorial jurisdiction 

22 of the United States (as such term is defined 

23 in section 7(9) of title 18, United States Code), 

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1 ises of United States military installations and 

2 related residences;’’; and 

3 (2) by adding at the end the following: 

4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in sub5 section (a)(1) may be construed to limit the investigative 

6 authority of any other Federal department or agency.’’. 

7 SEC. 104. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

8 Section 29 of the State Department Basic Authorities 

9 Act of 1956 (22 U.S.C. 2701) is amended by inserting 

10 ‘‘physical security enhancements and’’ after ‘‘Such assist11 ance may include’’. 

12 SEC. 105. ENHANCED DEPARTMENT OF STATE AUTHORITY 

13 FOR UNIFORMED SECURITY OFFICERS. 

14 The State Department Basic Authorities Act of 1956 

15 is amended by inserting after section 37 (22 U.S.C. 2709) 

16 the following: 

17 ‘‘SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE 

18 UNITED STATES BY UNIFORMED GUARDS. 

19 ‘‘(a) ENFORCEMENT AUTHORITIES FOR UNIFORMED

20 GUARDS.—The Secretary of State may authorize Depart21 ment of State uniformed guards to protect buildings and 

22 areas within the United States for which the Department 

23 of State provides protective services, including duty in 

24 areas outside the property to the extent necessary to pro25 tect the property and persons in that area. 


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1 ‘‘(b) POWERS OF GUARDS.—While engaged in the 

2 performance of official duties as a uniformed guard under 

3 subsection (a), a guard may— 

4 ‘‘(1) enforce Federal laws and regulations for 

5 the protection of persons and property; 

6 ‘‘(2) carry firearms; and 

7 ‘‘(3) make arrests without warrant for— 

8 ‘‘(A) any offense against the United States 

9 committed in the guard’s presence; or 

10 ‘‘(B) any felony cognizable under the laws 

11 of the United States if the guard has reason12 able grounds to believe that the person to be ar13 rested has committed, or is committing, such 

14 felony in connection with the buildings, areas, 

15 or persons for which the Department of State 

16 is providing protective services. 

17 ‘‘(c) REGULATIONS.— 

18 ‘‘(1) IN GENERAL.—The Secretary of State, in 

19 consultation with the Secretary of Homeland Secu20 rity, may prescribe such regulations as may be nec21 essary for the administration of buildings and areas 

22 within the United States for which the Department 

23 of State provides protective services, including rea24 sonable penalties for violations of such regulations, 

25 within the limits prescribed in subsection (d). 


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1 ‘‘(2) POSTING.—The regulations prescribed 

2 under paragraph (1) shall be posted in a con3 spicuous place on the property. 

4 ‘‘(d) PENALTIES.—A person violating a regulation 

5 prescribed under subsection (c) shall be fined under title 

6 18, United States Code, imprisoned for not more than 6 

7 months, or both. 

8 ‘‘(e) ATTORNEY GENERAL APPROVAL.—The powers 

9 granted to guards designated under this section shall be 

10 exercised in accordance with guidelines approved by the 

11 Attorney General. 

12 ‘‘(f) RELATIONSHIP TO OTHER AUTHORITY.—Noth13 ing in this section may be construed to affect the authority 

14 of the Secretary of Homeland Security, the Administrator 

15 of General Services, or any Federal law enforcement agen16 cy.’’. 

17 SEC. 106. LOCAL GUARD CONTRACTS ABROAD UNDER DIP18 LOMATIC SECURITY PROGRAM. 

19 (a) IN GENERAL.—Section 136(c)(3) of the Foreign 

20 Relations Authorization Act, Fiscal Years 1990 and 1991 

21 (22 U.S.C. 4864(c)(3)), is amended to read as follows: 

22 ‘‘(3) in evaluating proposals for such contracts, 

23 award contracts to technically acceptable firms offer24 ing the lowest evaluated price, except that— 


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1 ‘‘(A) the Secretary may award contracts on 

2 the basis of best value (as determined by a cost3 technical tradeoff analysis); and 

4 ‘‘(B) proposals received from United 

5 States persons and qualified United States joint 

6 venture persons shall be evaluated by reducing 

7 the bid price by 10 percent;’’. 

8 (b) REPORT.—Not later than 1 year after the date 

9 of the enactment of this Act, the Secretary shall submit 

10 a report to Congress that describes the implementation of 

11 section 136(c)(3) of the Foreign Relations Authorization 

12 Act, Fiscal Years 1990 and 1991, as amended by sub13 section (a). 

14 SEC. 107. EXTENSION OF PERIOD FOR REIMBURSEMENT 

15 FOR SEIZED COMMERCIAL FISHERMEN. 

16 Section 7(e) of the Fishermen’s Protective Act of 

17 1967 (22 U.S.C. 1977(e)) is amended by striking ‘‘2008’’ 

18 and inserting ‘‘2013’’. 

19 SEC. 108. AUTHORITY TO ISSUE ADMINISTRATIVE SUB20 POENAS. 

21 Section 3486 of title 18, United States Code, is 

22 amended— 

23 (1) in subsection (a)— 

24 (A) in paragraph (1)(A)— 


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1 (i) in the matter preceding clause (i), 

2 by striking ‘‘of’’ and inserting ‘‘to’’; 

3 (ii) in clause (i)(II), by striking ‘‘or’’ 

4 at the end; 

5 (iii) in clause (ii), by striking the 

6 comma at the end and inserting a semi7 colon; and 

8 (iv) by inserting after clause (ii) the 

9 following: 

10 ‘‘(iii) an offense under section 878, or 

11 a threat against a person, foreign mission, 

12 or organization authorized to receive pro13 tection by special agents of the Depart14 ment of State and the Foreign Service 

15 under section 37(a)(3) of the State De16 partment Basic Authorities Act of 1956 

17 (22 U.S.C. 2709(a)(3)) if the Assistant 

18 Secretary for Diplomatic Security or the 

19 Director of the Diplomatic Security Service 

20 determines that the threat constituting the 

21 offense or threat against the person or 

22 place protected is imminent, the Secretary 

23 of State; or 

24 ‘‘(iv) an offense under chapter 75, the 

25 Secretary of State,’’; 


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1 (B) by amending paragraph (9) to read as 

2 follows: 

3 ‘‘(9) A subpoena issued under clause (i)(II), (ii), (iii), 

4 or (iv) of paragraph (1)(A) may require production as 

5 soon as possible, but in no event less than 24 hours after 

6 service of the subpoena.’’; and 

7 (C) by adding at the end the following: 

8 ‘‘(11) As soon as practicable following the issuance 

9 of a subpoena under paragraph (1)(A)(iii), the Secretary 

10 of State shall notify the Attorney General of such 

11 issuance.’’; and 

12 (2) in subsection (e)(1), by adding at the end 

13 the following: ‘‘This subsection shall only apply to 

14 administrative subpoenas issued under subsection 

15 (a)(1)(A)(i).’’. 

16 SEC. 109. TECHNICAL AMENDMENT TO FEDERAL WORK17 FORCE FLEXIBILITY ACT. 

18 Chapter 57 of title 5, United States Code, is amend19 ed— 

20 (1) in section 5753(a)(2)(A), by inserting ‘‘, ex21 cluding members of the Foreign Service other than 

22 chiefs of mission, ambassadors at large, and other 

23 members of the Foreign Service subject to examina24 tions under section 302(b) of the Foreign Service 


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1 Act of 1980 (22 U.S.C. 3941(b))’’ before the semi2 colon at the end; and 

3 (2) in section 5754(a)(2)(A), by inserting ‘‘, ex4 cluding members of the Foreign Service other than 

5 chiefs of mission, ambassadors at large, and other 

6 members of the Foreign Service subject to examina7 tions under section 302(b) of the Foreign Service 

8 Act of 1980 (22 U.S.C. 3941(b))’’ before the semi9 colon at the end. 

10 SEC. 110. EMERGENCY REFUGEE AND MIGRATION ASSIST11 ANCE ACCOUNT. 

12 Section 2(c) of the Migration and Refugee Assistance 

13 Act of 1962 (22 U.S.C. 2601(c)) is amended— 

14 (1) by striking ‘‘President’’ each place such 

15 term appears and inserting ‘‘Secretary of State’’; 

16 and 

17 (2) in paragraph (2), by striking 

18 ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’. 

19 SEC. 111. REIMBURSEMENT FOR USE OF GOVERNMENT VE20 HICLES OVERSEAS. 

21 Section 28 of the State Department Basic Authorities 

22 Act of 1956 (22 U.S.C. 2700) is amended— 

23 (1) by inserting ‘‘(a)’’ before ‘‘The Secretary’’; 

24 and 

25 (2) by adding at the end the following: 


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1 ‘‘(b) Funds received by the Department of State in 

2 connection with the use of vehicles owned or leased by the 

3 Government under subsection (a)— 

4 ‘‘(1) may be credited to the appropriate account 

5 of the Department of State; and 

6 ‘‘(2) if so credited, shall be available only for 

7 expenses related to the purchase, lease, maintenance, 

8 or operation of such vehicles.’’. 

9 SEC. 112. ACCOUNTABILITY REVIEW BOARDS. 

10 (a) WAIVER FROM REQUIREMENT TO CONVENE AC11 COUNTABILITY REVIEW BOARDS.—Section 301(a)(3) of 

12 the Omnibus Diplomatic Security and Antiterrorism Act 

13 of 1986 (22 U.S.C. 4831(a)(3)) is amended to read as 

14 follows: 

15 ‘‘(3) WAIVER AUTHORITY.— 

16 ‘‘(A) IN GENERAL.—The Secretary of 

17 State may waive the requirement to convene a 

18 Board in the case of an incident that involves 

19 serious injury, loss of life, or significant de20 struction of property at, or related to, a United 

21 States Government mission. 

22 ‘‘(B) WAIVER REQUIREMENTS.—If the 

23 Secretary waives the requirement under para24 graph (1), the Secretary shall— 


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1 ‘‘(i) promptly notify the Committee on 

2 Foreign Relations of the Senate and the 

3 Committee on Foreign Affairs of the 

4 House of Representatives of the incident; 

5 ‘‘(ii) conduct an inquiry into the inci6 dent and the circumstances surrounding 

7 the incident; and 

8 ‘‘(iii) upon completing the inquiry re9 quired by clause (ii), submit a report to 

10 each committee described in clause (i) that 

11 contains— 

12 ‘‘(I) the findings and rec13 ommendations related to such inquiry; 

14 and 

15 ‘‘(II) the actions taken with re16 spect to such recommendations.’’. 

17 SEC. 113. HOME-TO-WORK TRANSPORTATION. 

18 Section 1344(b)(4) of title 31, United States Code, 

19 is amended by inserting ‘‘the Deputy Secretary of State, 

20 the Deputy Secretary of State for Management and Re21 sources,’’ before ‘‘principal diplomatic’’. 

22 Subtitle B—Public Diplomacy 

23 SEC. 121. PUBLIC DIPLOMACY RESOURCE CENTERS. 

24 (a) FINDINGS.—Congress makes the following find25 ings: 


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1 (1) Of the 177 information resource centers op2 erated by the Department of State as of February 

3 2009— 

4 (A) 87 (49 percent) operated on a ‘‘by ap5 pointment only’’ basis; and 

6 (B) 18 (11 percent) did not permit any 

7 public access. 

8 (2) Information resource centers located outside 

9 United States embassy compounds receive signifi10 cantly more visitors than the centers located inside 

11 such compounds, including— 

12 (A) twice the number of visitors in Africa; 

13 (B) 6 times more visitors in the Middle 

14 East; and 

15 (C) 22 times more visitors in Asia. 

16 (3) Iran has increased the number of similar 

17 Iranian facilities, known as Iranian Cultural Cen18 ters, to about 60 throughout the world. 

19 (b) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) the Secretary of State should initiate a re22 examination of the public diplomacy platform strat23 egy of the United States with a goal of reestab24 lishing publicly accessible American Centers; and 


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1 (2) after taking into account relevant security 

2 considerations, the Secretary of State should con3 sider placing United States public diplomacy facili4 ties at locations conducive to maximizing their use, 

5 consistent with the authority given to the Secretary 

6 under section 606(a)(2)(B) of the Secure Embassy 

7 Construction and Counterterrorism Act of 1999 (22 

8 U.S.C. 4865(a)(2)(B)) to waive certain requirements 

9 of that Act. 

10 SEC. 122. EMPLOYMENT OF NONCITIZENS FOR INTER11 NATIONAL BROADCASTING. 

12 Section 804 of the United States Information and 

13 Educational Exchange Act of 1948 (22 U.S.C. 1474) is 

14 amended— 

15 (1) by striking ‘‘In carrying out’’ and inserting 

16 the following: 

17 ‘‘(a) AUTHORIZED ACTIVITIES.—In carrying out’’; 

18 (2) in subsection (a)(1), as redesignated, by 

19 striking ‘‘Attorney General’’ and inserting ‘‘Sec20 retary of Homeland Security’’; and 

21 (3) by adding at the end the following: 

22 ‘‘(b) DEFINED TERM.—As used in subsection (a)(1), 

23 the term ‘suitably qualified United States citizens’ means 

24 applicants who— 

25 ‘‘(1) are United States citizens; and 


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1 ‘‘(2) are equally or better qualified than the ap2 plicants who are not United States citizens.’’. 

3 SEC. 123. RADIO FREE EUROPE AND RADIO LIBERTY PAY 

4 PARITY. 

5 (a) IN GENERAL.—Section 308(h)(1)(C) of the 

6 United States International Broadcasting Act of 1994 (22 

7 U.S.C. 6207(h)(1)(C)) is amended by striking ‘‘, to pay 

8 up to three’’ and inserting ‘‘to pay employees, who are 

9 equivalent to senior executives under section 3132 of title 

10 5, United States Code, senior level employees under sec11 tion 5108 of such title, or scientific or professional employ12 ees under section 3104 of such title, a salary that is equal 

13 to or less than— 

14 ‘‘(i) the rate of pay payable for level III of 

15 the Executive Schedule under section 5314 of 

16 such title; or 

17 ‘‘(ii) if the Board certifies that the employ18 ees are covered by a performance appraisal sys19 tem meeting the certification criteria estab20 lished by regulation under section 5307(d) of 

21 such title, the rate of pay payable for level II 

22 of the Executive Schedule under section 5313 

23 of such title.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

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1 ration of the pay freeze period required under section 147 

2 of the Continuing Appropriations Act, 2011 (Public Law 

3 111–242). 

4 SEC. 124. PERSONAL SERVICES CONTRACTING PROGRAM 

5 FOR THE BROADCASTING BOARD OF GOV6 ERNORS. 

7 Section 504 of the Foreign Relations Authorization 

8 Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

9 6206 note), is amended— 

10 (1) in the section heading, by striking 

11 ‘‘PILOT’’; 

12 (2) in subsection (a)— 

13 (A) by striking ‘‘pilot’’; 

14 (B) by striking ‘‘, without regard to Civil 

15 Service and classification laws,’’; and 

16 (C) by adding at the end the following: ‘‘A 

17 personal services contractor hired pursuant to 

18 this section shall not be considered a Federal 

19 employee (as defined under section 2105 of title 

20 5, United States Code) for any purpose.’’; 

21 (3) in subsection (b)— 

22 (A) in paragraph (4), by striking ‘‘60’’ and 

23 inserting ‘‘125’’; and 

24 (B) by adding at the end the following: 


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1 ‘‘(5) The annual salary rate for personal serv2 ices contractors may not exceed the rate for level IV 

3 of the Executive Schedule under section 5315 of title 

4 5, United States Code.’’; and 

5 (4) in subsection (c), by striking ‘‘December 31, 

6 2009’’ and inserting ‘‘December 31, 2014’’. 

7 SEC. 125. DISSEMINATION OF PUBLIC DIPLOMACY INFOR8 MATION WITHIN THE UNITED STATES. 

9 (a) APPLICATION OF CERTAIN LAWS.—Section 1333 

10 of the Foreign Affairs Agencies Consolidation Act of 1998 

11 (subdivision A of division G of Public Law 105–277; 22 

12 U.S.C. 6552) is amended— 

13 (1) in subsection (a), by inserting ‘‘or the inter14 national broadcasting programs as carried out by 

15 the Broadcasting Board of Governors after the 

16 transfer of functions pursuant to this subdivision’’ 

17 before the period at the end; 

18 (2) in subsection (b), by adding at the end the 

19 following: ‘‘Nothing in section 501 (22 U.S.C. 

20 1461), section 202 (22 U.S.C. 1461–1), or section 

21 208 (22 U.S.C. 1461–1a) shall apply to prohibit or 

22 restrict international broadcast operations trans23 ferred to the Broadcasting Board of Governors pur24 suant to this subdivision.’’; and 


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1 (3) in subsection (c), by adding at the end the 

2 following: ‘‘The limitation under this subsection shall 

3 not apply to funds authorized to be appropriated for 

4 international broadcasting programs carried out by 

5 the Broadcasting Board of Governors pursuant to 

6 the United States International Broadcasting Act of 

7 1994 (22 U.S.C. 6201 et seq.).’’. 

8 (b) EXCEPTION TO BAN ON DOMESTIC ACTIVITIES

9 BY THE USIA.—Section 208 of the Foreign Relations Au10 thorization Act, Fiscal Years 1986 and 1987 (Public Law 

11 99–93; 22 U.S.C. 1461–1a) is amended by inserting ‘‘or 

12 the United States International Broadcasting Act of 1994 

13 (22 U.S.C. 6201 et seq.)’’ before the period at the end. 

14 SEC. 126. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

15 (a) IN GENERAL.—Under the authority, direction, 

16 and control of the President, the Secretary of State, in 

17 accordance with the Mutual Educational and Cultural Ex18 change Act of 1961 (22 U.S.C. 2451 et seq.), may in19 crease the number of educational and cultural exchange 

20 activities involving persons from scientific, medical, re21 search, and academic sectors by— 

22 (1) establishing new programs under such Act; 

23 and 

24 (2) expanding the coverage of existing programs 

25 under such Act. 


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1 (b) SCIENCE ENVOY PROGRAM.—Section 504 of the 

2 Foreign Relations Authorization Act, Fiscal Year 1979 

3 (22 U.S.C. 2656d), is amended by adding at the end the 

4 following: 

5 ‘‘(e)(1) The Secretary may award grants and enter 

6 into cooperative agreements related to science and tech7 nology fellowship programs of the Department of State, 

8 including for assistance in recruiting fellows and the pay9 ment of stipends, travel, and other appropriate expenses 

10 to fellows. 

11 ‘‘(2) Grants awarded under this subsection may be— 

12 ‘‘(A) part of the United States Science Envoy 

13 Program; and 

14 ‘‘(B) used to select our Nation’s preeminent sci15 entists, Nobel laureates, and leaders in technology 

16 who will travel overseas to represent the commit17 ment of the United States to collaborate with other 

18 countries to promote the advancement of science and 

19 technology throughout the world based on issues of 

20 common interest and expertise. 

21 ‘‘(3) Stipends awarded under this subsection shall not 

22 be considered compensation for purposes of section 209 

23 of title 18, United States Code. 


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1 ‘‘(4) The total amount of grants awarded under this 

2 subsection shall not exceed $2,000,000 in any fiscal 

3 year.’’. 

4 SEC. 127. BROADCASTING BOARD OF GOVERNORS. 

5 (a) ELIMINATION OF EDITORIALS AS BROADCASTING

6 PRINCIPLE OF UNITED STATES GOVERNMENT.—Section 

7 303(b)(3) of the United States International Broadcasting 

8 Act of 1994 (22 U.S.C. 6202(b)(3)) is amended by strik9 ing ‘‘, including editorials,’’. 

10 (b) EXTENSION OF IMMUNITY FROM CIVIL LIABIL11 ITY TO MEMBERS OF BROADCASTING BOARD OF GOV12 ERNORS ACTING IN CAPACITY AS BOARD MEMBERS OF

13 MIDDLE EAST BROADCASTING NETWORKS, INC.—Section 

14 304(g) of the United States International Broadcasting 

15 Act of 1994 (22 U.S.C. 6203(g)) is amended by striking 

16 ‘‘RFE/RL Incorporated and’’ and inserting ‘‘RFE/RL In17 corporated, Middle East Broadcasting Networks, Inc., 

18 and’’. 

19 SEC. 128. JOURNALIST PROTECTION GRANTS. 

20 Section 305(a)(15) of the United States International 

21 Broadcasting Act (22 U.S.C. 6204(a)(15)) is amended by 

22 adding the following: 

23 ‘‘(C) To award and administer grants to sup24 port journalists writing and reporting for Broad25 casting Board of Governors broadcasters in accordVerDate Mar 15 2010 23:53 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1426.IS S1426

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1 ance with the standards and principles contained in 

2 section 303, including support in defending against 

3 civil and criminal prosecution in jurisdictions outside 

4 the United States.’’. 

5 SEC. 129. PERFORMANCE-BASED MEASUREMENT REPORT6 ING REQUIREMENTS FOR INTERNATIONAL 

7 EXCHANGE PROGRAMS. 

8 Section 112 of the Mutual Educational and Cultural 

9 Exchange Act of 1961 (22 U.S.C. 2460) is amended by 

10 adding at the end the following: 

11 ‘‘(h) REPORT ON SECONDARY SCHOOL ACADEMIC

12 YEAR EXCHANGE PROGRAMS.—Not later than 90 days 

13 after the date of the enactment of the Foreign Relations 

14 Authorization Act, Fiscal Years 2012 and 2013, and an15 nually thereafter, the President shall submit a report to 

16 the Chairman of the Committee on Foreign Affairs of the 

17 House of Representatives and the Chairman of the Com18 mittee on Foreign Relations of the Senate that describes 

19 the performance of the secondary school programs for 

20 international students of the Bureau, including— 

21 ‘‘(1) a description of each J-visa secondary ex22 change program and the objectives of each exchange; 

23 ‘‘(2) the number of exchange student partici24 pants during the past year; 


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1 ‘‘(3) the total amount of Federal expenditures 

2 for such exchanges; 

3 ‘‘(4) the total amount of fee-based income; 

4 ‘‘(5) a description of duplicative programs; 

5 ‘‘(6) the number of sponsor organizations that 

6 are designated by the Department of State to run 

7 international secondary school exchange programs; 

8 ‘‘(7) a list of sponsor organizations against 

9 whom action has been taken by the Department of 

10 State, and the organizations’ remedial efforts, if 

11 any; 

12 ‘‘(8) the types and number of incidents reported 

13 to the Bureau’s Office of Private Sector Exchange 

14 involving an international student; 

15 ‘‘(9) the number of incidents per sponsoring or16 ganization that the Office of Private Sector Ex17 change has been made aware of, including serious 

18 problems or controversies such as the death of a stu19 dent, an accident, an arrest, reports of sexual har20 assment and abuse, placement in substandard hous21 ing, placements with repeat sexual or other abuse of22 fenders, and complaints logged against such repeat 

23 offender hosts; 

24 ‘‘(10) the number of complaints reported to the 

25 Office of Private Sector Exchange by a student, host 


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1 family, natural parent, or an interested citizen re2 garding the performance by a sponsor of its respon3 sibilities in the conduct of its designated exchange 

4 visitor program as set forth in the Exchange Visitor 

5 Program Regulations; 

6 ‘‘(11) the number of visa designation compli7 ance auditing site visits made by United States Gov8 ernment officials to sponsoring organizations run9 ning or participating in international exchange pro10 grams, excluding routine contacts between staff and 

11 officials of the Bureau and sponsoring organizations 

12 as part of program management activities; 

13 ‘‘(12) the number of Department of State per14 sonnel responsible for conducting the audits de15 scribed in paragraph (11) and the documentation 

16 and follow up of the information gathered in such 

17 audits; 

18 ‘‘(13) a survey of international secondary school 

19 academic year participants to determine their out20 look and obtain their recommendations regarding 

21 their experiences with such programs; 

22 ‘‘(14) an analysis of the implementation of new 

23 rules, procedures, regulations, or reforms enacted by 

24 the Department of State for the secondary school J25 visa exchange program; 


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1 ‘‘(15) the average academic year cost per inter2 national secondary school participant; 

3 ‘‘(16) the numbers of hours program staff 

4 members and volunteers of the exchange program 

5 designated organizations are trained in secondary 

6 school academic year youth exchange oversight and 

7 monitoring and J-visa compliance, and by what type 

8 of resource; and 

9 ‘‘(17) an analysis of best practices in the areas 

10 of recruitment and selection of host parents, pro11 gram management of sponsor organizations, and 

12 other related issues used to run these international 

13 exchange programs.’’. 

14 SEC. 130. TRANSFER OF VIETNAM EDUCATION FOUNDA15 TION TO THE DEPARTMENT OF STATE. 

16 (a) PURPOSES.—Section 202 of the Vietnam Edu17 cation Foundation Act of 2000 (22 U.S.C. 2452 note) is 

18 amended by adding at the end the following: 

19 ‘‘(3) To support the development of 1 or more 

20 academic institutions in Vietnam by providing finan21 cial assistance to United States institutions of high22 er education and not-for-profit organizations to par23 ticipate in the governance, management, and aca24 demic activities of such academic institutions.’’. 


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1 (b) DEFINITIONS.—Section 203 of such Act is 

2 amended— 

3 (1) by striking paragraph (1) and inserting the 

4 following: 

5 ‘‘(1) ADVISORY COMMITTEE.—The term ‘Advi6 sory Committee’ means the Vietnam Education 

7 Foundation Advisory Committee established under 

8 section 205.’’; 

9 (2) by redesignating paragraph (4) as para10 graph (6); 

11 (3) by redesignating paragraph (3) as para12 graph (4); 

13 (4) by inserting after paragraph (2) the fol14 lowing: 

15 ‘‘(3) FUND.—The term ‘Fund’ means the Viet16 nam Debt Repayment Fund established under sec17 tion 207;’’; and 

18 (5) by inserting after paragraph (4) the fol19 lowing: 

20 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

21 the Secretary of State.’’. 

22 (c) ESTABLISHMENT.—Section 204 of such Act is 

23 amended— 


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1 (1) by inserting ‘‘, within the Bureau of Edu2 cational and Cultural Affairs of the Department of 

3 State,’’ after ‘‘established’’; and 

4 (2) by striking ‘‘as an independent’’ and all 

5 that follows through ‘‘Code’’. 

6 (d) REPLACEMENT OF BOARD OF DIRECTORS WITH

7 ADVISORY COMMITTEE.—Section 205 of such Act is 

8 amended to read as follows: 

9 ‘‘SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY 

10 COMMITTEE. 

11 ‘‘(a) ESTABLISHMENT.— 

12 ‘‘(1) IN GENERAL.—There shall be established 

13 a Vietnam Education Foundation Advisory Com14 mittee, which shall provide advice to the Secretary 

15 and the Assistant Secretary for Educational and 

16 Cultural Affairs regarding the Foundation’s activi17 ties. 

18 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

19 shall be composed of 7 members, of whom— 

20 ‘‘(A) 3 shall be appointed by the Secretary; 

21 ‘‘(B) 1 shall be appointed by the majority 

22 leader of the Senate; 

23 ‘‘(C) 1 shall be appointed by the minority 

24 leader of the Senate; 


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1 ‘‘(D) 1 shall be appointed by the Speaker 

2 of the House of Representatives; and 

3 ‘‘(E) 1 shall be appointed by the minority 

4 leader of the House of Representatives. 

5 ‘‘(3) APPOINTMENT OF INCUMBENT MEMBERS

6 OF BOARD OF DIRECTORS.—Members appointed to 

7 the Advisory Committee may include individuals who 

8 were members of the Board of Directors of the 

9 Foundation on the date immediately preceding the 

10 date on which the Advisory Committee was estab11 lished. 

12 ‘‘(b) SUPERVISION.—The Foundation shall be subject 

13 to the supervision and direction of the Secretary, working 

14 through the Assistant Secretary for Educational and Cul15 tural Affairs, and in consultation with the Advisory Com16 mittee.’’. 

17 (e) FELLOWSHIP PROGRAM.—Section 206(a)(1)(A) 

18 of the Vietnam Education Foundation Act of 2000 (22 

19 U.S.C. 2452 note) is amended by striking ‘‘technology, 

20 and computer sciences’’ and inserting ‘‘academic computer 

21 science, public policy, management, and other applied aca22 demic disciplines relevant to Vietnam’s development’’. 

23 (f) VIETNAM DEBT REPAYMENT FUND.—Section 

24 207 of such Act is amended— 


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1 (1) in subsection (a), by striking ‘‘(in this sub2 section referred to as the ‘Fund’)’’; and 

3 (2) in subsection (c)— 

4 (A) by striking paragraphs (1) and (2) and 

5 inserting the following: 

6 ‘‘(1) IN GENERAL.—During each of the fiscal 

7 years 2011 through 2018, $5,000,000 of the 

8 amounts in the Fund shall be available, in accord9 ance with paragraph (2), for expenditure by— 

10 ‘‘(A) the Foundation; 

11 ‘‘(B) institutions of higher education (as 

12 defined in section 101(a) of the Higher Edu13 cation Act of 1965 (20 U.S.C. 1001(a))); and 

14 ‘‘(C) not-for-profit organizations engaged 

15 in the promotion of institutional innovation in 

16 Vietnamese higher education. 

17 ‘‘(2) DISBURSEMENT.—The Secretary of the 

18 Treasury, upon the request of the Secretary, shall 

19 transfer amounts made available under paragraph 

20 (1) to— 

21 ‘‘(A) the Foundation for the purpose of 

22 carrying out this title; 

23 ‘‘(B) institutions of higher education se24 lected by the Secretary for the purpose of estab25 lishing 1 or more academic institutions in VietVerDate Mar 15 2010 23:53 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1426.IS S1426

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1 nam with graduate level programs in public pol2 icy, management, and related fields; and 

3 ‘‘(C) not-for-profit organizations for the 

4 purpose of establishing a new, independent Vi5 etnamese academic institution.’’; and 

6 (B) in paragraph (3), by striking ‘‘to the 

7 Foundation under paragraph (1)’’ and inserting 

8 ‘‘under this subsection’’. 

9 (g) APPOINTMENT OF EXECUTIVE DIRECTOR.—Sec10 tion 208(a) of such Act is amended— 

11 (1) in the subsection heading, by striking ‘‘BY

12 BOARD’’; 

13 (2) by striking ‘‘There’’ and inserting the fol14 lowing: 

15 ‘‘(1) IN GENERAL.—There’’; 

16 (3) by striking ‘‘shall be appointed by the 

17 Board’’ and inserting ‘‘may be appointed by the Sec18 retary, in consultation with the Advisory Com19 mittee,’’; and 

20 (4) by striking ‘‘The Executive Director shall 

21 be’’ and all that follows and inserting the following: 

22 ‘‘(2) DUTIES.—The Executive Director— 

23 ‘‘(A) shall be the Chief Executive Officer 

24 of the Foundation; 

25 ‘‘(B) shall serve the Advisory Committee; 


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1 ‘‘(C) shall carry out the functions of the 

2 Foundation subject to the supervision and di3 rection of the Secretary; 

4 ‘‘(D) shall carry out such other functions, 

5 consistent with the provisions of this title as the 

6 Secretary may prescribe.’’. 

7 (h) CONFORMING AMENDMENTS.—The Vietnam 

8 Education Foundation Act of 2000 (22 U.S.C. 2452 note) 

9 is amended— 

10 (1) in section 206(e), by striking ‘‘Board’’ and 

11 inserting ‘‘Secretary’’; 

12 (2) in section 207(d), by striking ‘‘Board’’ and 

13 inserting ‘‘Secretary’’; 

14 (3) in section 208(d), by striking ‘‘Board’’ and 

15 inserting ‘‘Secretary’’; and 

16 (4) in section 209— 

17 (A) in subsection (a)(4), by striking ‘‘a 

18 majority of the members of the Board’’ and in19 serting ‘‘the Secretary’’; and 

20 (B) in subsection (b), by striking ‘‘Board’’ 

21 and inserting ‘‘Secretary’’. 

22 (i) MUTUAL EDUCATIONAL AND CULTURAL EX23 CHANGE ACT OF 1961.—Section 112(a) of the Mutual 

24 Educational and Cultural Exchange Act of 1961 (22 

25 U.S.C. 2460(a)) is amended— 


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1 (1) in the matter preceding paragraph (1), by 

2 striking ‘‘but not limited to’’; 

3 (2) in paragraph (8), by striking ‘‘and’’ at the 

4 end; 

5 (3) in paragraph (9), by striking the period at 

6 the end and inserting ‘‘; and’’; and 

7 (4) by adding at the end the following: 

8 ‘‘(10) programs administered by the Vietnam 

9 Education Foundation.’’. 

10 (j) TRANSFER OF FUNCTIONS.— 

11 (1) IN GENERAL.—All functions and assets of 

12 the Vietnam Education Foundation, as of the day 

13 before the date of the enactment of this Act, are 

14 transferred to the Bureau of Educational and Cul15 tural Affairs of the Department of State. 

16 (2) PERSONNEL.—The Assistant Secretary for 

17 Educational and Cultural Affairs may hire— 

18 (A) personnel who were employed by the 

19 Vietnam Education Foundation on the day be20 fore the date of the enactment of this Act; and 

21 (B) such other personnel as may be nec22 essary to support the Foundation, in accord23 ance with part III of title 5, United States 

24 Code (5 U.S.C. 2101 et seq.). 


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1 (k) SUPPORT FOR INSTITUTIONAL INNOVATION IN

2 VIETNAM.— 

3 (1) GRANTS AUTHORIZED.—The Secretary of 

4 State, acting through the Assistant Secretary for 

5 Educational and Cultural Affairs, may award 1 or 

6 more grants, for the purposes set forth in paragraph 

7 (2), to— 

8 (A) institutions of higher education (as de9 fined in section 101(a) of the Higher Education 

10 Act of 1965 (20 U.S.C. 1001(a))); and 

11 (B) not-for-profit organizations engaged in 

12 the promotion of institutional innovation in Vi13 etnamese higher education. 

14 (2) USE OF FUNDS.—Grant funds awarded 

15 under paragraph (1) shall be used to establish 1 or 

16 more academic institutions in Vietnam, with grad17 uate level programs in public policy, management, 

18 and related fields, that— 

19 (A) support the equitable and sustainable 

20 socioeconomic development of Vietnam; 

21 (B) feature teaching and research compo22 nents; 

23 (C) promote the development of institu24 tional capacity and innovation in Vietnam; 


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1 (D) operate according to core principles of 

2 good governance; and 

3 (E) are autonomous from the Government 

4 of Vietnam. 

5 (3) APPLICATION.— 

6 (A) IN GENERAL.—Each institution of 

7 higher education and not-for-profit organization 

8 desiring a grant under this subsection shall 

9 submit an application to the Secretary of State 

10 at such time, in such manner, and accompanied 

11 by such information as the Secretary may rea12 sonably require. 

13 (B) COMPETITIVE BASIS.—The process for 

14 selecting grantees under this subsection shall 

15 conform to— 

16 (i) the requirements set forth under 

17 the Mutual Educational and Cultural Ex18 change Act of 1961 (22 U.S.C. 2451); and 

19 (ii) established Federal assistance 

20 award procedures of the Bureau of Edu21 cational and Cultural Affairs of the De22 partment of State. 

23 (4) SOURCE OF GRANT FUNDS.—The Secretary 

24 of State may use amounts from the Vietnam Debt 

25 Repayment Fund made available under section 


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1 207(c) of the Vietnam Education Foundation Act of 

2 2000 (22 U.S.C. 2452 note) for grants authorized 

3 under this subsection. 

4 (5) ANNUAL REPORT.—The Secretary of State 

5 shall submit an annual report to the Committee on 

6 Foreign Relations of the Senate and the Committee 

7 on Foreign Affairs of the House of Representatives 

8 that summarizes the activities carried out under this 

9 subsection during the most recent fiscal year. 

10 (l) EFFECTIVE DATE.—This section, and the amend11 ments made by this section, shall take effect on the date 

12 that is 90 days after the date of the enactment of this 

13 Act. 

14 Subtitle C—Consular Services and 

15 Related Matters 

16 SEC. 141. PROTECTIONS FOR REFUGEES. 

17 (a) ADJUSTMENTS OF STATUS OF REFUGEES.—Sec18 tion 209 of the Immigration and Nationality Act (8 U.S.C. 

19 1159) is amended— 

20 (1) in subsection (a)— 

21 (A) by amending paragraph (1) to read as 

22 follows: 

23 ‘‘(1) ELIGIBILITY.—Any alien who has been ad24 mitted to the United States under section 207 shall, 

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1 graph (B), be eligible for adjustment of status as an 

2 immigrant to the United States if— 

3 ‘‘(A) the alien’s admission has not been 

4 terminated by the Secretary of Homeland Secu5 rity or the Attorney General pursuant to such 

6 regulations as the Secretary or the Attorney 

7 General may prescribe; 

8 ‘‘(B) the alien has been physically present 

9 in the United States for at least 1 year; and 

10 ‘‘(C) the alien has not acquired permanent 

11 resident status.’’; 

12 (B) in paragraph (2), by striking ‘‘(2) Any 

13 alien who is found upon inspection and exam14 ination’’ and inserting ‘‘(2) EFFECT OF AD15 JUSTMENT Any alien who is found’’; and 

16 (2) in subsection (c), by adding at the end the 

17 following: ‘‘An application for adjustment under this 

18 section may be filed on or after the date that is 3 

19 months before the first date on which the applicant 

20 would be eligible for adjustment under this section.’’. 

21 (b) EFFECTIVE DATE.—The amendments made by 

22 subsection (a) shall take effect on the date of the enact23 ment of this Act. 


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1 SEC. 142. SIGNED PHOTOGRAPH REQUIREMENT FOR VISA 

2 APPLICATIONS. 

3 Section 221(b) of the Immigration and Nationality 

4 Act (8 U.S.C. 1201(b)) is amended by striking ‘‘signed 

5 by him’’. 

6 SEC. 143. ELECTRONIC TRANSMISSION OF DOMESTIC VIO7 LENCE INFORMATION TO VISA APPLICANTS. 

8 Section 833(a)(5)(A) of the Violence Against Women 

9 and Department of Justice Reauthorization Act of 2005 

10 (8 U.S.C. 1375a(a)(5)(A)) is amended by adding at the 

11 end the following: 

12 ‘‘(iv) Subject to such regulations as 

13 the Secretary of State may prescribe, mail14 ings required under this subsection may be 

15 transmitted by electronic means if an ap16 plicant consents to electronic service.’’. 

17 SEC. 144. VIDEO CONFERENCE INTERVIEWS. 

18 (a) PILOT PROGRAM.—The Secretary of State may 

19 develop and conduct a 2-year pilot program for the proc20 essing of tourist visas using secure remote 

21 videoconferencing technology as a method for conducting 

22 visa interviews of applicants. In developing the pilot pro23 gram, the Secretary of State shall work with other Federal 

24 agencies that use such secure communications to help en25 sure security of the videoconferencing transmission and 

26 encryption. 


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1 (b) REPORT.— 

2 (1) IN GENERAL.—Not later than 1 year after 

3 initiating the pilot program under subsection (a) and 

4 not later than 3 months after the end of the 2-year 

5 period referred to in subsection (a), the Secretary of 

6 State shall submit a report on such pilot program to 

7 the appropriate congressional committees. 

8 (2) CONTENTS.—Each report submitted under 

9 this subsection shall— 

10 (A) assess the efficacy and security of 

11 using secure remote videoconferencing tech12 nology as a method for conducting visa inter13 views of applicants, including any effect such 

14 method may have on an interviewer’s ability to 

15 determine an applicant’s credibility and uncover 

16 fraud; and 

17 (B) include recommendations on whether 

18 or not the pilot program should be continued, 

19 broadened, or modified. 

20 SEC. 145. VISA INELIGIBILITY FOR INTERNATIONAL CHILD 

21 ABDUCTORS. 

22 Section 212(a)(10)(C)(iii) of the Immigration and 

23 Nationality Act (8 U.S.C. 1182(a)(10)(C)(iii)) is amend24 ed— 

25 (1) in subclause (I), by adding ‘‘or’’ at the end; 


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1 (2) in subclause (II), by striking ‘‘; or’’ at the 

2 end and inserting a period; and 

3 (3) by striking subclause (III). 

4 TITLE II—ORGANIZATION AND 

5 PERSONNEL OF THE DEPART6 MENT OF STATE 

7 Subtitle A—Modernizing the 

8 Department of State 

9 SEC. 201. CONFLICT PREVENTION, MITIGATION, AND RESO10 LUTION TRAINING. 

11 (a) IN GENERAL.—Section 708 of the Foreign Serv12 ice Act of 1980 is amended by adding at the end the fol13 lowing: 

14 ‘‘(d) The Secretary of State shall ensure that mem15 bers of the Service, before receiving assignments that re16 quire new and improved skills— 

17 ‘‘(1) receive language, security, area, civilian18 military roles, and other training that is necessary 

19 to successfully execute their responsibilities in their 

20 new assignments; and 

21 ‘‘(2) have opportunities during their careers to 

22 obtain advanced education and training in academic 

23 and other relevant institutions in the United States 

24 and in other countries to increase the capacity of the 

25 Service to fulfill its mission. 


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1 ‘‘(e) The Secretary of State shall ensure that relevant 

2 officers of the Foreign Service deploying to areas under3 going significant conflict or considered to be at risk of sig4 nificant conflict receive appropriate advanced training in 

5 conflict prevention, mitigation, and resolution, including 

6 an understanding of— 

7 ‘‘(1) peace processes, negotiations, and decision8 making; 

9 ‘‘(2) patterns of escalation; 

10 ‘‘(3) country- and region-specific issues, includ11 ing resource allocation, as contributing factors to 

12 peace or conflict; 

13 ‘‘(4) related civilian-military coordination and 

14 planning; and 

15 ‘‘(5) how to function successfully when— 

16 ‘‘(A) public order has been undermined by 

17 instability; or 

18 ‘‘(B) there is no civil authority that can ef19 fectively provide public safety.’’. 

20 (b) REPORT.—Not later than 1 year after the date 

21 of the enactment of this Act, the Secretary shall submit 

22 a report to the appropriate congressional committees that 

23 describes the efforts made by the Department of State to 

24 further expand and facilitate conflict prevention, mitiga25 tion, and resolution training, in accordance with section 


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1 703(e) of the Foreign Service Act of 1980, as added by 

2 subsection (a). 

3 SEC. 202. MASS ATROCITIES. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the maintenance of global peace and secu7 rity— 

8 (A) is in the interest of the United States; 

9 and 

10 (B) is threatened by acts of genocide and 

11 other mass atrocities against civilians; 

12 (2) several studies, including ‘‘Preventing Geno13 cide: A Blueprint for U.S. Policymakers,’’ published 

14 in December 2008 by the Genocide Prevention Task 

15 Force, which was co-chaired by former Secretary of 

16 State Madeleine Albright and former Secretary of 

17 Defense William Cohen, offer recommendations to 

18 improve United States capabilities to predict, detect, 

19 respond to, and prevent mass atrocities; and 

20 (3) the enhanced capacity to prevent and ad21 dress such mass atrocities is in the humanitarian 

22 and strategic interests of the United States. 

23 (b) EARLY WARNING ASSESSMENT.—Not later than 

24 1 year after the date of the enactment of this Act, the 


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1 Secretary of State shall submit, to the appropriate con2 gressional committees, an assessment of— 

3 (1) current methods to monitor indicators of 

4 potential mass atrocities and to identify precursors 

5 and patterns of escalation associated with such 

6 crimes against humanity; 

7 (2) capabilities to provide early warnings to rel8 evant agencies and appropriate congressional com9 mittees to reduce the risk of mass atrocities against 

10 civilians; and 

11 (3) bilateral and multilateral tools available to 

12 the United States and the international community 

13 to mitigate the risk of mass atrocities against civil14 ians. 

15 SEC. 203. CRISIS RESPONSE. 

16 (a) EXPANSION OF PERSONNEL DEFINITION.—The 

17 Reconstruction and Stabilization Civilian Management Act 

18 of 2008 (title XVI of Public Law 110–417) is amended— 

19 (1) in section 1603 (22 U.S.C. 2734a note), by 

20 amending paragraph (5) to read as follows: 

21 ‘‘(5) PERSONNEL.—The term ‘personnel’ 

22 means— 

23 ‘‘(A) individuals serving in any service de24 scribed in section 2101 of title 5, United States 


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1 Code, other than in the legislative or judicial 

2 branch; 

3 ‘‘(B) individuals employed by personal 

4 services contract, including individuals em5 ployed pursuant to— 

6 ‘‘(i) section 2(c) of the State Depart7 ment Basic Authorities Act of 1956 (22 

8 U.S.C. 2669(c)); or 

9 ‘‘(ii) section 636(a)(3) of the Foreign 

10 Assistance Act of 1961 (22 U.S.C. 

11 2396(a)(3)); 

12 ‘‘(C) individuals appointed under section 

13 303 of the Foreign Service Act of 1980 (22 

14 U.S.C. 3943); and 

15 ‘‘(D) locally employed staff who are em16 ployed by participating agencies.’’; and 

17 (2) in section 1606(b) (22 U.S.C. 2734a(b)), by 

18 inserting ‘‘and to provide any related support’’ after 

19 ‘‘assign personnel of such agency’’. 

20 (b) DEPARTMENT OF STATE ORGANIZATION.—Sec21 tion 62 of the State Department Basic Authorities Act 

22 of 1956 (22 U.S.C. 2734) is amended by adding at the 

23 end the following: 

24 ‘‘(d) EXCEPTION TO CIVIL SERVICE PROVISIONS.— 


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1 ‘‘(1) IN GENERAL.—The Secretary of State 

2 may— 

3 ‘‘(A) select and appoint employees without 

4 regard to the provisions of title 5, United 

5 States Code, governing appointment in the com6 petitive service; and 

7 ‘‘(B) may fix the basic compensation of 

8 such employees without regard to chapter 51 

9 and subchapter III of chapter 53 of such title 

10 5. 

11 ‘‘(2) DELEGATION.—The Secretary of State 

12 may authorize the head of any agency to exercise the 

13 authority set forth in paragraph (1). 

14 ‘‘(3) DEFINED TERM.—In this subsection, the 

15 term ‘employees’ means individuals who— 

16 ‘‘(A) qualify as an employee (as defined in 

17 section 2105 of title 5, United States Code); 

18 and 

19 ‘‘(B) are appointed on a time-limited basis 

20 solely to carry out reconstruction and stabiliza21 tion activities in accordance with this section.’’. 

22 SEC. 204. EMBASSY DESIGN. 

23 (a) FINDINGS.—Congress makes the following find24 ings: 

25 (1) Embassies— 


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1 (A) are an important reflection of Amer2 ican values, openness, ingenuity, and innova3 tion; 

4 (B) should reflect the best of United 

5 States design, architecture, sustainability, and 

6 technology; and 

7 (C) should maintain security as a top pri8 ority. 

9 (2) As the Honorable Daniel Patrick Moynihan 

10 noted, and as President John F. Kennedy stated in 

11 his address to the Massachusetts legislature on Jan12 uary 9, 1961, ‘‘It should be our object to meet the 

13 test of Pericles’ evocation to the Athenians . . . We 

14 do not imitate—for we are a model to others.’’. 

15 (3) In his seminal memo entitled ‘‘Guiding 

16 Principles for Federal Architecture,’’ Senator Moy17 nihan laid out the following core principles: 

18 (A) ‘‘The policy shall be to provide req19 uisite and adequate facilities in an architectural 

20 style and form which is distinguished and which 

21 will reflect the dignity, enterprise, vigor, and 

22 stability of the American National Govern23 ment.’’. 

24 (B) ‘‘The development of an official style 

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1 guished architects, as a rule, ought to be sought 

2 prior to the award of important design con3 tracts.’’. 

4 (C) ‘‘The choice and development of the 

5 building site should be considered the first step 

6 of the design process.’’. 

7 (4) The principles set forth in paragraph (3) 

8 provide the foundation for the Design Excellence 

9 Program of the General Services Administration 

10 (GSA), which— 

11 (A) establishes nationwide policies and pro12 cedures for selecting distinguished architects 

13 and artists for GSA commissions; and 

14 (B) implements rigorous review processes 

15 to produce facilities and civic artworks of out16 standing quality and value. 

17 (5) Section 401 of the Energy Independence 

18 and Security Act of 2007 (Public Law 110–140) de19 fines a high performance building as ‘‘a building 

20 that integrates and optimizes on a life cycle basis all 

21 major high performance attributes, including energy 

22 conservation, environment, safety, security, dura23 bility, accessibility, cost-benefit, productivity, sus24 tainability, functionality, and operational consider25 ations’’. 


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1 (6) The 2009 report by the American Institute 

2 of Architects entitled ‘‘Design for Diplomacy: New 

3 Embassies for the 21st Century’’ states that there 

4 was ‘‘significant interest in developing an approach 

5 that would enable architects and engineers to design 

6 embassies that reflected the unique needs of a site 

7 at a foreign post.’’. 

8 (7) In the 2007 Center for Strategic and Inter9 national Studies report entitled ‘‘The Embassy of 

10 the Future,’’ the Embassy of the Future Commis11 sion makes the following statements: 

12 (A) ‘‘The new embassy facilities have in 

13 some places created the perception among some 

14 of a fearful United States, retreating behind 

15 high walls and isolating itself from the people 

16 it is trying to reach.’’. 

17 (B) ‘‘The commission believes that it is im18 portant to meet security needs in ways that re19 flect the new diplomatic job.’’. 

20 (C) ‘‘[S]etbacks, barriers, and other secu21 rity features can be designed in ways that inte22 grate security with the overall building design 

23 and surroundings.’’. 

24 (b) STATEMENT OF POLICY.—It shall be the policy 

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1 date to advance a new generation of secure, high-perform2 ance, sustainable embassies and diplomatic facilities in 

3 support of United States diplomacy. 

4 (c) SENSE OF CONGRESS ON COLOCATION AND SE5 CURITY REQUIREMENTS.—It is the sense of Congress 

6 that— 

7 (1) the Secretary of State should consider plac8 ing United States Government personnel at locations 

9 conducive to maximizing their use when assessing 

10 the necessity and efficiency of colocating all United 

11 States Government personnel at a single site; 

12 (2) while cost efficiency considerations may jus13 tify the consolidation of multiple Federal depart14 ments and agencies in a single location, such a de15 termination should not be made without taking into 

16 account other crucial policy considerations; 

17 (3) the Secretary should consider alternative lo18 cation arrangements that do not affect the strength 

19 and appropriateness of security arrangements for 

20 United States Government personnel; 

21 (4) security standards must remain uniformly 

22 high in all locations hosting United States Govern23 ment personnel; 

24 (5) the perimeter distance requirement set forth 

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1 struction and Counterterrorism Act of 1999 (22 

2 U.S.C. 4865(a)(3)) imposes a uniform security 

3 standard for all diplomatic facilities regardless of 

4 country context or specific security needs; 

5 (6) a more thoughtful approach would tailor 

6 specific security requirements, such as perimeter dis7 tance requirements, to particular security consider8 ations in a given country; and 

9 (7) while Congress intends for every country 

10 with diplomatic representation to have a modern, se11 cure, safe, and functional facility, Congress recog12 nizes the importance of integrating security and cost 

13 with the long-term impact on the mission of the De14 partment of State. 

15 (d) DIPLOMATIC FACILITIES TASK FORCE.— 

16 (1) IN GENERAL.—The Secretary of State shall 

17 establish a diplomatic facilities task force (referred 

18 to in this subsection as the ‘‘task force’’) to— 

19 (A) review existing regulations, standards, 

20 and procedures to implement paragraphs (2) 

21 and (3) of section 606(a) of the Secure Em22 bassy Construction and Counterterrorism Act of 

23 1999 (22 U.S.C. 4865(a)); and 

24 (B) make appropriate recommendations— 


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1 (i) to modify or revoke such regula2 tions, standards, and procedures; and 

3 (ii) to modify the regulations, stand4 ards, and procedures under such Act. 

5 (2) COMPOSITION.—The task force shall be 

6 composed of 7 members, of whom— 

7 (A) 3 shall be appointed by the Secretary 

8 from among senior career professionals of the 

9 Department of State with different personnel 

10 backgrounds, at least 2 of whom shall be from 

11 the Foreign Service; 

12 (B) 3 shall be appointed by the Secretary, 

13 in consultation with the Senate, from among 

14 professionals outside the United States Govern15 ment with significant knowledge and experience 

16 in construction and security issues; and 

17 (C) 1 shall be appointed by the Adminis18 trator of the Agency for International Develop19 ment (USAID) from among senior foreign serv20 ice officers of USAID. 

21 (3) DEADLINE FOR APPOINTMENTS.—All mem22 bers of the task force shall be appointed not later 

23 than 60 days after the date of the enactment of this 

24 Act. 


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1 (4) TERMINATION.—The task force shall termi2 nate on the date on which the Secretary submits the 

3 assessment required under subsection (c) to Con4 gress. 

5 (e) REPORTS.— 

6 (1) DIPLOMATIC FACILITIES TASK FORCE REC7 OMMENDATIONS.—Not later than 1 year after the 

8 date of the enactment of this Act, the Secretary of 

9 State shall submit a report to the Committee on 

10 Foreign Relations of the Senate and the Committee 

11 on Foreign Affairs of the House of Representatives 

12 that describes— 

13 (A) the recommendations made by the dip14 lomatic facilities task force under subsection 

15 (e)(1)(B); and 

16 (B) the impact of such recommendations 

17 on the operations of, and security standards 

18 for, United States diplomatic facilities. 

19 (2) GOVERNMENT ACCOUNTABILITY OFFICE RE20 PORT.—Not later than 120 days after the submis21 sion of the report under paragraph (1), the Comp22 troller General of the United States shall submit a 

23 report to the appropriate congressional committees 

24 that contains— 


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1 (A) a review of, and comments on, the rec2 ommendations made by the diplomatic facilities 

3 task force under subsection (e)(1)(B); and 

4 (B) the Comptroller General’s rec5 ommendations for improving the security stand6 ards at all United States diplomatic facilities. 

7 SEC. 205. CIVILIAN STABILIZATION OPERATIONS. 

8 Section 618 of the Foreign Assistance Act of 1961 

9 (22 U.S.C. 2368) is amended— 

10 (1) in subsection (a), by striking ‘‘(a) ASSIST11 ANCE.—’’; and 

12 (2) by striking subsection (b). 

13 SEC. 206. MAINTENANCE COST SHARING PROGRAM. 

14 Section 604(e)(1) of the Secure Embassy Construc15 tion and Counterterrorism Act of 1999 (22 U.S.C. 4865 

16 note) is amended by striking ‘‘providing new,’’ and insert17 ing ‘‘providing, maintaining, repairing, and renovating’’. 

18 Subtitle B—Foreign Services 

19 Overseas Pay Equity 

20 SEC. 211. SHORT TITLE. 

21 This subtitle may be cited as the ‘‘Foreign Service 

22 Overseas Pay Equity Act of 2011’’. 

23 SEC. 212. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

24 (a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 


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1 (1) IN GENERAL.—Chapter 4 of title I of the 

2 Foreign Service Act of 1980 (22 U.S.C. 3961 et 

3 seq.) is amended by adding at the end the following: 

4 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

5 ‘‘(a) IN GENERAL.—A member of the Service who is 

6 designated class 1 or below for purposes of section 403 

7 and whose official duty station is neither in the continental 

8 United States nor in a nonforeign area shall receive, in 

9 accordance with the phase-in schedule set forth in sub10 section (c), a locality-based comparability payment (stated 

11 as a percentage) equal to the locality-based comparability 

12 payment (stated as a percentage) that would be provided 

13 under section 5304 of title 5, United States Code, if such 

14 member’s official duty station were in the District of Co15 lumbia. 

16 ‘‘(b) TREATMENT AS BASIC PAY.—The amount of 

17 any locality-based comparability payment payable to a 

18 member of the Service under this section— 

19 ‘‘(1) shall be considered a part of the basic pay 

20 of such member for the purposes described in— 

21 ‘‘(A) section 5304(c)(2)(A) of title 5, 

22 United States Code; and 

23 ‘‘(B) chapter 8 of this Act; and 


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1 ‘‘(2) shall be subject to any limitations on pay 

2 applicable to locality-based comparability payments 

3 under section 5304 of title 5, United States Code. 

4 ‘‘(c) PHASE-IN.—The locality-based comparability 

5 payment payable to a member of the Service under this 

6 section— 

7 ‘‘(1) during the period beginning on the first 

8 day of the first full pay period that is 90 days after 

9 the date of the enactment of this subsection, and 

10 ending on the last day of the last pay period in fiscal 

11 year 2009, shall be up to 33.33 percent of the pay12 ment which would otherwise apply under subsection 

13 (a); 

14 ‘‘(2) during the period beginning on the first 

15 day of the first pay period in fiscal year 2010 and 

16 ending on the last day of the last pay period in fiscal 

17 year 2011, shall be up to 66.67 percent of the pay18 ment which would otherwise apply under subsection 

19 (a); and 

20 ‘‘(3) beginning on the first day of the first pay 

21 period in fiscal year 2012, shall be equal to the pay22 ment determined under subsection (a). 

23 ‘‘(d) NONFOREIGN AREA DEFINED.—In this section, 

24 the term ‘nonforeign area’ means one of the areas listed 


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1 in section 591.205 of title 5, Code of Federal Regula2 tions.’’. 

3 (2) CONFORMING AMENDMENT.—The table of 

4 contents under section 2 of the Foreign Service Act 

5 of 1980 (22 U.S.C. 3901 et seq.) is amended by in6 serting after the item relating to section 414 the fol7 lowing: 

‘‘Sec. 415. Overseas comparability pay adjustment.’’. 

8 (b) CONFORMING AMENDMENTS RELATING TO THE

9 FOREIGN SERVICE RETIREMENT SYSTEMS.— 

10 (1) CONTRIBUTIONS TO THE FUND.— 

11 (A) IN GENERAL.—Section 805(a) of the 

12 Foreign Service Act of 1980 (22 U.S.C. 

13 4045(a)) is amended— 

14 (i) in paragraph (1)— 

15 (I) by striking ‘‘7.25 percent’’ 

16 and inserting ‘‘7 percent’’; and 

17 (II) by striking ‘‘The contribu18 tion by the employing agency’’ and all 

19 that follows through ‘‘and shall be 

20 made’’ and inserting ‘‘An equal 

21 amount shall be contributed by the 

22 employing agency’’; 

23 (ii) in paragraph (2)— 


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1 (I) in subparagraph (A), by strik2 ing ‘‘, plus an amount equal to .25 

3 percent of basic pay’’; and 

4 (II) in subparagraph (B), by 

5 striking ‘‘, plus an amount equal to 

6 .25 percent of basic pay’’; and 

7 (iii) in paragraph (3), by striking ‘‘, 

8 plus .25 percent’’. 

9 (B) EFFECTIVE DATE.—The amendments 

10 made by subparagraph (A) shall take effect on 

11 the first day of the first pay period beginning 

12 on or after October 1, 2012 (or during any por13 tion of such pay period). 

14 (2) COMPUTATION OF ANNUITIES.—Section 

15 806(a)(9) of the Foreign Service Act of 1980 (22 

16 U.S.C. 4046(a)(9)) is amended by striking ‘‘is out17 side the continental United States shall’’ and insert18 ing ‘‘was outside the continental United States dur19 ing the period beginning on December 29, 2002, and 

20 ending on the day before the first day of the first 

21 pay period beginning on or after October 1, 2011, 

22 shall, to the extent that such computation is based 

23 on the basic salary or basic pay of such member 

24 while the member was outside the United States,’’. 


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1 (3) ENTITLEMENT TO ANNUITY.—Section 

2 855(a)(3) of the Foreign Service Act of 1980 (22 

3 U.S.C. 4071d(a)(3)) is amended— 

4 (A) by striking ‘‘section 8414’’ and insert5 ing ‘‘section 8415’’; and 

6 (B) by striking ‘‘is outside the continental 

7 United States shall’’ and inserting ‘‘was outside 

8 the continental United States during the period 

9 beginning on December 29, 2002, and ending 

10 on the day before the first day of the first pay 

11 period beginning on or after October 1, 2012 

12 (or during any portion of such pay period), 

13 shall, to the extent that such computation is 

14 based on the basic salary or basic pay of such 

15 member while the member was outside the 

16 United States,’’. 

17 (4) DEDUCTIONS AND WITHHOLDINGS FROM

18 PAY.—Section 856(a)(2) of such Act (22 U.S.C. 

19 4071e(a)(2)) is amended to read as follows: 

20 ‘‘(2) The applicable percentage specified in this para21 graph shall be as follows: 

‘‘Percentage Time Period 

7.5 ........................................................ Before January 1, 1999. 

7.75 ...................................................... January 1, 1999, to December 31, 

1999. 

7.9 ........................................................ January 1, 2000, to December 31, 

2000. 


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‘‘Percentage Time Period 

7.55 ...................................................... January 11, 2003, to the day before 

the first day of the first pay period 

beginning on or after October 1, 

2012. 

7.5 ........................................................ Beginning on the first day of the first 

pay period beginning on or after October 1, 2012.’’. 

1 (c) REPORTING REQUIREMENT.—Not later than Oc2 tober 1, 2012, the Secretary of State shall submit a report 

3 to the Committee on Foreign Relations of the Senate, the 

4 Committee on Homeland Security and Governmental Af5 fairs of the Senate, the Committee on Foreign Affairs of 

6 the House of Representatives, and the Committee on 

7 Oversight and Government Reform of the House of Rep8 resentatives that includes— 

9 (1) an assessment of all allowances provided to 

10 members of the Foreign Service under— 

11 (A) the Foreign Service Act of 1980; or 

12 (B) title 5, United States Code; and 

13 (2) an explanation of how such allowances have 

14 been, or will be, affected by the amendments to the 

15 Foreign Service Act of 1980 made under this Act. 

16 Subtitle C—Other Organization 

17 and Personnel Matters 

18 SEC. 221. DEATH GRATUITY. 

19 Section 413(a) of the Foreign Service Act of 1980 

20 (22 U.S.C. 3973(a)) is amended by striking ‘‘at the time 


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1 of death.’’ and inserting ‘‘at level II of the Executive 

2 Schedule under section 5313 of title 5, United States 

3 Code, at the time of death except that for employees com4 pensated under a local compensation plan established 

5 under section 408, the amount of such gratuity shall be 

6 equal to the greater of 1 year’s salary at the time of death 

7 or 1 year’s basic salary at the highest step of the highest 

8 grade on the local compensation plan from which the em9 ployee was being paid at the time of death.’’. 

10 SEC. 222. EXPANSION AND EXTENSION OF ANNUITANT 

11 WAIVER FOR RESPONSE READINESS CORPS. 

12 (a) AMENDMENTS TO STATE DEPARTMENT BASIC

13 AUTHORITIES ACT OF 1956.—Section 61(a) of the State 

14 Department Basic Authorities Act of 1956 (22 U.S.C. 

15 2733(a)) is amended— 

16 (1) in paragraph (1), by striking ‘‘or to posts 

17 vacated’’ and inserting ‘‘, to positions in the Re18 sponse Readiness Corps, or to posts vacated’’; and 

19 (2) in paragraph (2), by striking ‘‘2010’’ and 

20 inserting ‘‘2012’’. 

21 (b) AMENDMENTS TO FOREIGN ASSISTANCE ACT OF

22 1961.—Section 625(j)(1) of the Foreign Assistance Act 

23 of 1961 (22 U.S.C. 2385(j)(1)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘or to 

2 posts vacated’’ and inserting ‘‘, to positions in the 

3 Response Readiness Corps, or to posts vacated’’; and 

4 (2) in subparagraph (B), by striking ‘‘2010’’ 

5 and inserting ‘‘2012’’. 

6 SEC. 223. LOCALLY EMPLOYED STAFF. 

7 (a) FINDINGS.—Based on information obtained from 

8 the April 2009 report from the Office of the Inspector 

9 General of the Department of State and the Broadcasting 

10 Board of Governors entitled ‘‘Review of Locally Employed 

11 Staff Compensation Issues’’ (Report Number ISP–I–09– 

12 44), Congress makes the following findings: 

13 (1) United States embassies and consulates 

14 worldwide retain over 51,000 locally employed staff 

15 under local compensation plans in about 170 over16 seas missions. ‘‘The U.S. is falling behind in pro17 viding a competitive compensation package for lo18 cally employed staff that is commensurate with their 

19 experience, technical skills, and responsibilities.’’. 

20 (2) The ability of United States overseas mis21 sions to retain locally employed staff and to recruit 

22 new, qualified staff is vital to the success of those 

23 missions. 

24 (3) To address differences in the skill levels re25 quired for different categories of locally employed 


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1 staff positions, the Inspector General’s report rec2 ommended that ‘‘separate data and separate scales 

3 should be established for certain types of employ4 ees’’. 

5 (4) The current locally employed staff com6 pensation review process requires improvement, in7 cluding increasing transparency and interagency in8 volvement, reducing disparities between the salary 

9 and budget cycles, and improving the use of out10 moded and cumbersome communication technology. 

11 (b) REVIEW.— 

12 (1) IN GENERAL.—Not later than 180 days 

13 after the date of the enactment of this Act, and not 

14 less than every 5 years thereafter, the Secretary of 

15 State shall— 

16 (A) review salary and compensation guide17 lines for overseas, locally employed staff of the 

18 Department of State; 

19 (B) review— 

20 (i) whether the United States is fall21 ing behind in providing a competitive com22 pensation package for locally employed 

23 staff that is commensurate with their expe24 rience, technical skills, and responsibilities; 

25 and 


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1 (ii) the implications for providing av2 erage salary increases that are approxi3 mately 60 percent of prevailing practice; 

4 (C) provide recommendations on how to re5 cruit new, qualified staff; and 

6 (D) provide recommendations for separate 

7 data and a separate pay scale for highly skilled 

8 and trained professional positions. 

9 (2) COMPENSATION DATABASE.—Not later than 

10 180 days after the date of the enactment of this Act, 

11 the Secretary of State shall establish a comprehen12 sive database for salary and compensation informa13 tion for such staff, as recommended by the Office of 

14 Inspector General in the report referred to in sub15 section (a). 

16 (3) PAY SCALES FOR LOCALLY EMPLOYED PRO17 FESSIONALS.—The review conducted under para18 graph (1)(A) shall include a summary of efforts to 

19 address pay scales for locally employed staff to en20 sure adequate compensation for professional level 

21 positions, such as medical officers, laboratory man22 agement, public health information technology posi23 tions, and other highly skilled positions. 

24 (c) GUIDELINES.—Not later than 90 days after the 

25 date of the enactment of this Act, the Secretary of State 


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1 shall consult with appropriate congressional committees on 

2 proposed guidelines for awards, pay scales, and compensa3 tion of overseas, locally employed staff of the Department 

4 of State, including compensation for loss of life while on 

5 duty. 

6 (d) LOCALLY EMPLOYED STAFF DEFINED.—In this 

7 section, the term ‘‘locally employed staff’’ means employ8 ees compensated under local compensation plans estab9 lished under section 408 of the Foreign Service Act of 

10 1980 (22 U.S.C. 3968). 

11 SEC. 224. FOREIGN RELATIONS EXCHANGE PROGRAMS. 

12 Title I of the State Department Basic Authorities Act 

13 of 1956 (22 U.S.C. 2651a et seq.) is amended by adding 

14 at the end the following: 

15 ‘‘SEC. 63. FOREIGN RELATIONS EXCHANGE PROGRAMS. 

16 ‘‘(a) IN GENERAL.—The Secretary may establish ex17 change programs under which officers or employees of the 

18 Department of State, including individuals appointed 

19 under title 5, United States Code, and members of the 

20 Foreign Service, may be assigned, for a period not to ex21 ceed 1 year, to a position with any foreign government 

22 or international entity that permits an employee to be as23 signed to a position with the Department of State. 

24 ‘‘(b) SALARY AND BENEFITS.— 


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1 ‘‘(1) FOREIGN SERVICE MEMBERS.—During a 

2 period in which a member of the Foreign Service is 

3 participating in an exchange program authorized 

4 under subsection (a), such member shall be entitled 

5 to the salary and benefits to which such member 

6 would be entitled if such member were assigned to 

7 an agency, international organization, or other body 

8 under section 503 of the Foreign Service Act of 

9 1980 (22 U.S.C. 3983). 

10 ‘‘(2) DETAILEES.—An employee of the Depart11 ment of State (other than a member of the Foreign 

12 Service participating in an exchange program au13 thorized under subsection (a)) shall be treated in all 

14 respects as if detailed to an international organiza15 tion under section 3343(b) of title 5, United States 

16 Code. The salary of such employee shall be the high17 er of the salary that the employee would receive but 

18 for the assignment under this section or the salary 

19 of the position to which the employee is assigned. 

20 ‘‘(3) PAYMENT.—The salary and benefits of an 

21 employee of a foreign government or international 

22 entity participating in a program established under 

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1 ticipating in the program, and shall not be reim2 bursed by the Department of State. 

3 ‘‘(c) NONRECIPROCAL ASSIGNMENTS.—The Sec4 retary may authorize a nonreciprocal assignment of per5 sonnel pursuant to this section, with or without reimburse6 ment from the foreign government or international entity 

7 for all or part of the salary and other expenses payable 

8 during the assignment, if such assignment is in the inter9 ests of the United States. 

10 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec11 tion may be construed to authorize the appointment as 

12 an officer or employee of the United States of— 

13 ‘‘(1) an individual whose allegiance is to any 

14 country, government, or foreign or international en15 tity other than the United States; or 

16 ‘‘(2) an individual who has not met the require17 ments of sections 3331, 3332, 3333, and 7311 of 

18 title 5, United States Code, and any other provision 

19 of law concerning eligibility for appointment, and 

20 continuation of employment, as an officer or em21 ployee of the United States.’’. 

22 SEC. 225. ENHANCED PERSONNEL AUTHORITIES FOR THE 

23 INSPECTOR GENERAL OF THE DEPARTMENT 

24 OF STATE. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) ANNUITANT.—The term ‘‘annuitant’’ means 

2 an individual who, based on the service of such indi3 vidual, is entitled to benefits under a retirement sys4 tem for Government employees. 

5 (2) GOVERNMENT EMPLOYEE.—The term 

6 ‘‘Government employee’’ has the meaning given the 

7 term ‘‘employee’’ in section 2105(a) of title 5, 

8 United States Code. 

9 (3) INSPECTOR GENERAL.—The term ‘‘Inspec10 tor General’’ means the Inspector General of the De11 partment of State. 

12 (4) OFFICE.—The term ‘‘Office’’ means the Of13 fice of Inspector General of the Department of 

14 State. 

15 (b) PROVISIONS RELATING TO REEMPLOYED ANNU16 ITANTS.— 

17 (1) WAIVER AUTHORITY.—Subject to the condi18 tions set forth in paragraph (3), the Inspector Gen19 eral may waive the application of any provision of 

20 law set forth in paragraph (2) on behalf of any re21 employed annuitant serving in a position within the 

22 Office. 

23 (2) PROVISIONS.—The provisions of law set 

24 forth in this paragraph are— 


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1 (A) subsections (a) through (d) of section 

2 8344 of title 5, United States Code; 

3 (B) subsections (a) through (e) of section 

4 8468 of title 5, United States Code; 

5 (C) subsections (a) through (d) of section 

6 824 of the Foreign Service Act of 1980 (22 

7 U.S.C. 4064); and 

8 (D) any other similar provision of law, as 

9 identified by the Inspector General in regula10 tions. 

11 (3) CONDITIONS.—Waiver authority under this 

12 subsection may be exercised only— 

13 (A) on a case-by-case basis; and 

14 (B) if, and for so long as, such waiver— 

15 (i) is necessary due to— 

16 (I) difficulty in the recruitment 

17 or retention of a qualified employee 

18 for the position involved; or 

19 (II) a temporary emergency hir20 ing need; and 

21 (ii) does not cause the number of em22 ployees within the Office who are exempted 

23 from 1 or more of the provisions of law set 

24 forth in paragraph (2) (whether pursuant 

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1 wise) to exceed, as of any given date, 25 

2 percent of the total workforce of the Of3 fice, determined on a full-time equivalent 

4 basis. 

5 (4) OTHER AUTHORITIES NOT AFFECTED.—The 

6 authority under this subsection is in addition to any 

7 other authority available to the Inspector General to 

8 engage individuals as reemployed annuitants. 

9 (5) RULE OF CONSTRUCTION.—Nothing in this 

10 subsection may be construed to permit or require 

11 that any reemployed annuitant benefitting from a 

12 waiver of a provision of law set forth in paragraph 

13 (2) be treated as a Government employee for pur14 poses of the retirement system to which such provi15 sion relates. 

16 (c) PROVISIONS RELATING TO CONTRACTS FOR PER17 SONAL SERVICES.— 

18 (1) IN GENERAL.—The Inspector General may 

19 contract with United States citizens for personal 

20 services to facilitate and support the Office’s over21 sight of programs and operations. Such citizens shall 

22 not, by virtue of any such contract, be considered to 

23 be Government employees for purposes of any law 

24 administered, in whole or in part, by the Office of 

25 Personnel Management. 


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1 (2) RELATION TO OTHER LAWS.—Except as 

2 provided in paragraph (2), this subsection shall not 

3 affect any determination as to whether an individual 

4 performing services pursuant to any contract under 

5 this subsection is a Government employee for pur6 poses of any law of the United States. The Secretary 

7 of State may determine the applicability, with re8 spect to any such individual, of any law adminis9 tered, in whole or in part, by the Secretary. 

10 (3) CONDITIONS.—The Inspector General may 

11 not enter into a personal services contract under this 

12 subsection unless— 

13 (A) in the judgment of the Inspector Gen14 eral, personnel resources of the Office would 

15 otherwise be insufficient; 

16 (B) the contract is for a term of 2 years 

17 or less, unless the Inspector General determines 

18 that exceptional circumstances justify an exten19 sion of not longer than 1 additional year; and 

20 (C) not more than 15 percent of the work21 force of the Office, as of any given date, con22 sists of individuals serving under personal serv23 ices contracts (whether entered into under this 

24 subsection or otherwise), determined on a full25 time equivalent basis. 


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1 (4) OTHER AUTHORITIES NOT AFFECTED.—The 

2 authority under this subsection is in addition to any 

3 other authority available to the Inspector General to 

4 engage individuals under a personal services con5 tract. 

6 (d) REPORT.—In the Office of Inspector General’s 

7 semiannual report to Congress, the Inspector General 

8 shall include information on the hiring of annuitants 

9 under this section and the rationale for such hiring. 

10 SEC. 226. AMENDMENT TO THE FOREIGN SERVICE ACT OF 

11 1980. 

12 Section 209 of the Foreign Service Act of 1980 (22 

13 U.S.C. 3929) is amended— 

14 (1) in subsection (c), by striking paragraph (5); 

15 and 

16 (2) in subsection (d)(2)— 

17 (A) in subparagraph (D), by adding ‘‘and’’ 

18 at the end; 

19 (B) in subparagraph (E), by striking ‘‘; 

20 and’’ and inserting a period; and 

21 (C) by striking subparagraph (F). 

22 SEC. 227. OFFICE FOR GLOBAL WOMEN’S ISSUES. 

23 (a) ESTABLISHMENT.— 

24 (1) IN GENERAL.—There is established, in the 

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1 al Women’s Issues (referred to in this section as the 

2 ‘‘Office’’). 

3 (2) STAFF.—The Secretary of State may assign 

4 appropriate staff with relevant technical and oper5 ational expertise to the Office to carry out the pur6 poses of this section. 

7 (b) AMBASSADOR-AT-LARGE FOR GLOBAL WOMEN’S

8 ISSUES.—The Office shall be headed by an Ambassador9 at-Large for Global Women’s Issues (referred to in this 

10 section as the ‘‘Ambassador’’), who— 

11 (1) shall be appointed by the President, by and 

12 with the advice and consent of the Senate; 

13 (2) shall report directly to the Secretary of 

14 State; and 

15 (3) shall have the rank and status of Ambas16 sador-at-Large. 

17 (c) DUTIES.— 

18 (1) IN GENERAL.—The Ambassador is author19 ized to— 

20 (A) coordinate and advise on activities, 

21 policies, programs, and funding of relevant bu22 reaus and offices of the Department of State, 

23 which relate to— 

24 (i) gender integration; 


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1 (ii) women’s and girls’ economic, so2 cial, and legal development, protection, and 

3 improvement in role and status in soci4 eties; and 

5 (iii) prevention and response to vio6 lence against women and girls, including 

7 child marriage and forced marriage; 

8 (B) promote and advance the full integra9 tion of gender analysis into the programs, 

10 structures, processes, and capacities of the De11 partment of State and other Federal Govern12 ment agencies conducting international pro13 grams; 

14 (C) work with relevant offices of the De15 partment of State to promote the collection, re16 tention, and analysis of data on programs and 

17 activities of the Department— 

18 (i) to integrate gender into its policies 

19 and programs; 

20 (ii) regarding the protection and eco21 nomic, social, and legal development of 

22 women and girls; 

23 (iii) to improve the role and status of 

24 women and girls in societies; and 


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1 (iv) to prevent and respond to violence 

2 against women and girls, including child 

3 marriage and forced marriage; and 

4 (D) design, support, and implement rel5 evant activities and programs regarding inter6 national girls’ and women’s issues, in coordina7 tion with relevant bureaus and offices of the 

8 Department of State. 

9 (2) COORDINATING ROLE.—The Ambassador is 

10 authorized to— 

11 (A) advise and coordinate with relevant 

12 Executive Branch agencies engaged in inter13 national women’s policies and programs, includ14 ing the Department of Justice, the Department 

15 of Labor, the Department of Education, the 

16 Department of Health and Human Services, the 

17 Department of Agriculture, the Department of 

18 Defense, the Department of Commerce, the 

19 United States Agency for International Devel20 opment, and the Millennium Challenge Corpora21 tion, on policies, programs, and funding of such 

22 agencies relating to women’s issues in their 

23 international programs and policies; and 

24 (B) work with the relevant Executive 

25 Branch agencies described in subparagraph (A) 


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1 to compile and make public comprehensive in2 formation about international programs of the 

3 United States Government relating to— 

4 (i) the economic, social, and legal de5 velopment of women and girls; 

6 (ii) the protection of women and girls; 

7 (iii) the improvement of the role and 

8 status of women and girls in societies; 

9 (iv) the prevention of, and response 

10 to, violence against women and girls, in11 cluding child marriage and forced mar12 riage; and 

13 (v) the outcomes and effectiveness of 

14 such programs. 

15 (3) DIPLOMATIC REPRESENTATION.—Subject to 

16 the direction of the President and the Secretary of 

17 State, the Ambassador is authorized to represent the 

18 United States in matters relevant to the status of 

19 women internationally. 

20 (d) INTERAGENCY COOPERATION.— 

21 (1) AUTHORIZATION.—The Ambassador is au22 thorized— 

23 (A) to provide advice and guidance, as ap24 propriate, to the Federal Government agencies 

25 described in subsection (c)(2)(A); and 


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1 (B) on behalf of the Secretary of State, to 

2 convene periodic meetings with other Federal 

3 Government agencies to enhance and ensure ef4 fective coordination of policies, programs, and 

5 resources regarding critical issues related to 

6 international women’s status and development. 

7 (2) SENSE OF THE SENATE.—It is the sense of 

8 the Senate that the heads of the relevant Federal 

9 Government agencies described in subsection 

10 (c)(2)(A) should ensure effective implementation and 

11 coordination of all international women’s policies 

12 and programs by sharing information with the Office 

13 on programs described in subsection (c)(2)(B) on an 

14 annual basis. 

15 (e) CONGRESSIONAL BRIEFINGS.—Not later than 6 

16 months after the date of the enactment of this Act, and 

17 annually thereafter, the Ambassador shall brief Congress 

18 on the integration of gender considerations into its strate19 gies, programming, and associated outcomes, and inter20 agency cooperation. 

21 (f) STATEMENT OF POLICY.—The United States 

22 Government remains committed to programs that seek to 

23 eliminate sex-selective abortion, coercive abortion, and in24 voluntary sterilization. 


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1 (g) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 necessary for each of the fiscal years 2012 through 2016 

4 to carry out the activities authorized under this section. 

5 SEC. 228. UNITED STATES AGENCY FOR INTERNATIONAL 

6 DEVELOPMENT WOMEN’S DEVELOPMENT AD7 VISOR. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established, within 

10 the Office of the Administrator of the United States 

11 Agency for International Development (referred to 

12 in this section as ‘‘USAID’’), the Senior Coordinator 

13 for Gender Equality and Women’s Empowerment 

14 (referred to in this section as the ‘‘Coordinator’’). 

15 The USAID Administrator may assign appropriate 

16 staff with relevant technical and operational exper17 tise to the Coordinator as may be needed to assist 

18 the Coordinator in carrying out the purposes of this 

19 section. 

20 (2) SUPPORT STAFF.—The Office of Gender 

21 Equality and Women’s Empowerment shall report 

22 programmatically to the Coordinator. A Senior Gen23 der Advisor shall be appointed within the Policy, 

24 Planning, and Learning Bureau to help provide in25 ternal policy guidance and oversight ensuring gender 


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1 integration throughout the USAID. The USAID Ad2 ministrator may assign additional staff with tech3 nical and operational expertise to assist the Senior 

4 Gender Advisor in carrying out the purposes of this 

5 section. 

6 (b) DUTIES.— 

7 (1) IN GENERAL.—The Coordinator is author8 ized— 

9 (A) to participate in high level strategic 

10 policy, planning, operations, and evaluations 

11 throughout all regional and functional dis12 ciplines of USAID; 

13 (B) to coordinate and advise USAID ef14 forts to integrate gender in foreign assistance 

15 design, strategy, and programs; 

16 (C) to help shape efforts to promote gen17 der equality and women’s empowerment, includ18 ing— 

19 (i) programs promoting gender inte20 gration; 

21 (ii) women’s and girls’ economic, so22 cial, and legal advancement and protection; 

23 and 

24 (iii) efforts to combat sexual and gen25 der-based violence; and 


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1 (D) to collect and make publicly available 

2 data and analysis on gender integration activi3 ties, women’s development, and strategies for 

4 gender-based violence prevention and response, 

5 in accordance with agency-wide mechanisms for 

6 data collection, monitoring, and evaluation. 

7 (2) DIPLOMATIC REPRESENTATION.—Subject to 

8 the direction of the President and the USAID Ad9 ministrator, the Coordinator is authorized to rep10 resent the United States in matters relevant to the 

11 status of women internationally. 

12 (c) CONGRESSIONAL BRIEFINGS.—Not later than 6 

13 months after the date of the enactment of this Act, and 

14 annually thereafter, the USAID Administrator or the Co15 ordinator shall provide information to Congress that de16 scribes the status of efforts to integrate attention to gen17 der, women’s development, and gender-based violence pre18 vention and response into USAID strategies, program19 ming, and associated outcomes. 

20 SEC. 229. HOME LEAVE. 

21 (a) HOME LEAVE TRAVEL FOR FAMILY MEMBERS.— 

22 Section 901(2) of the Foreign Service Act of 1980 (22 

23 U.S.C. 4081(2)) is amended to read as follows: 

24 ‘‘(2) authorized or required home leave, includ25 ing optional home leave travel, in an amount that 


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1 does not exceed the cost, per person, of the member 

2 of the Service, by— 

3 ‘‘(A) family members residing at the em4 ployee’s post of assignment; and 

5 ‘‘(B) family members residing at other au6 thorized locations because they are prevented by 

7 official order from residing at post;’’. 

8 (b) HOME LEAVE TECHNICAL AMENDMENT.—Sec9 tion 903(a) of the Foreign Service Act of 1980 (22 U.S.C. 

10 4083(a)) is amended by striking ‘‘18 months of contin11 uous service abroad’’ and inserting ‘‘12 months of contin12 uous service abroad (or after a shorter period of such serv13 ice if the member’s assignment is terminated for the con14 venience of the Service)’’. 

15 SEC. 230. TRAINING SUPPORT SERVICES. 

16 Section 704(a)(4)(B) of the Foreign Service Act of 

17 1980 (22 U.S.C. 4024(a)(4)(B)) is amended— 

18 (1) by inserting ‘‘education and training spe19 cialists, including’’ after ‘‘to serve as’’; and 

20 (2) by striking ‘‘other academic and training 

21 specialists’’ and inserting ‘‘other specialists who per22 form work directly relating to the design, delivery, 

23 oversight, or coordination of training delivered by 

24 the institution’’. 


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1 SEC. 231. EXTENSION OF PASSPORT SURCHARGE. 

2 Section 1(b) of the Passport Act of June 4, 1920 (22 

3 U.S.C. 214(b)) is amended— 

4 (1) by striking paragraph (2); and 

5 (2) by redesignating paragraph (3) as para6 graph (2). 

7 SEC. 232. BORDER CROSSING CARD FEE FOR MINORS. 

8 Section 410(a)(1)(A) of the Department of State and 

9 Related Agencies Appropriations Act, 1999 (title IV of di10 vision A of Public Law 105–277) is amended by striking 

‘‘a fee of $13’’ and inserting ‘‘a fee equal to 1 11 ⁄2 of the 

12 fee that would otherwise apply for processing a machine 

13 readable combined border crossing identification card and 

14 nonimmigrant visa’’. 

15 TITLE III—INTERNATIONAL 

16 ORGANIZATIONS 

17 SEC. 301. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

18 ORGANIZATIONS. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that the Secretary should— 

21 (1) ensure that the Department of State is able 

22 to appropriately staff United States missions both 

23 within the United States and abroad that are dedi24 cated to representing the United States to inter25 national organizations and multilateral institutions, 


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1 including missions in New York, Brussels, Geneva, 

2 Rome, Montreal, Nairobi, Vienna, and Paris; 

3 (2) train persons with the specialized skills that 

4 are necessary to become experts in multilateral di5 plomacy in order to fill the many positions in the 

6 United States and abroad that are dedicated to this 

7 specialty; and 

8 (3) consider as a factor for promotions whether 

9 a member of the Foreign Service has served in a po10 sition whose primary responsibility is to formulate 

11 policy toward, or represent the United States at, an 

12 international organization, a multilateral institution, 

13 or a broad-based multilateral negotiation of an inter14 national instrument. 

15 SEC. 302. SYNCHRONIZATION OF UNITED STATES CON16 TRIBUTIONS TO INTERNATIONAL ORGANIZA17 TIONS. 

18 In accordance with section 404 of the Foreign Rela19 tions Authorization Act of 2003 (Public Law 107–228; 

20 116 Stat. 1389), there are authorized to be appropriated 

21 such sums as may be necessary for the synchronization 

22 of United States contributions to international organiza23 tions. 


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1 SEC. 303. PEACEKEEPING CONTRIBUTIONS. 

2 Section 404(b)(2)(B) of the Foreign Relations Au3 thorization Act, Fiscal Years 1994 and 1995 (Public Law 

4 103–236; 22 U.S.C. 287e note), is amended by adding at 

5 the end the following: 

6 ‘‘(vi) For assessments made during 

7 calendar year 2011 and thereafter, 27.5 

8 percent.’’. 

9 SEC. 304. UNITED STATES PARTICIPATION IN THE INTER10 PARLIAMENTARY UNION. 

11 (a) IN GENERAL.—Notwithstanding section 2503 of 

12 the Foreign Affairs Reform and Restructuring Act of 

13 1998 (division G of Public Law 105–277; 22 U.S.C. 276 

14 note), the Secretary of State is authorized— 

15 (1) to facilitate the readmission and participa16 tion of the United States in the Inter-Parliamentary 

17 Union; and 

18 (2) to pay expenses to meet the annual obliga19 tions of membership in the Inter-Parliamentary 

20 Union, in accordance with the assessments deter21 mined by the Governing Council. 

22 (b) REPRESENTATION.—Notwithstanding section 

23 2503 of the Foreign Affairs Reform and Restructuring 

24 Act of 1998 (division G of Public Law 105–277; 22 U.S.C. 

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1 er of the House of Representatives, in consultation with 

2 the minority leader of the House of Representatives, are 

3 authorized to designate Members of Congress to serve as 

4 delegates to the Assembly of the Inter-Parliamentary 

5 Union. 

6 SEC. 305. PROVISION OF LIVING QUARTERS AND ALLOW7 ANCES TO THE UNITED STATES REPRESENT8 ATIVES TO THE UNITED NATIONS. 

9 Section 9 of the United Nations Participation Act of 

10 1945 (22 U.S.C. 287e–1) is amended to read as follows: 

11 ‘‘SEC. 9. (a) The Secretary of State, under such regu12 lations as the Secretary shall prescribe, and notwith13 standing subsections (a) and (b) of section 3324 of title 

14 31, United States Code, and section 5536 of title 5, 

15 United States Code, may— 

16 ‘‘(1) make available, to the Permanent Rep17 resentative of the United States to the United Na18 tions and the Deputy Permanent Representative of 

19 the United States to the United Nations— 

20 ‘‘(A) living quarters leased or rented by 

21 the United States for a period not longer than 

22 10 years; and 

23 ‘‘(B) allowances for unusual expenses inci24 dent to the operation and maintenance of such 

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1 thorized under section 5913 of title 5, United 

2 States Code; 

3 ‘‘(2) make available living quarters in New 

4 York leased or rented by the United States for— 

5 ‘‘(A) a period not longer than 10 years to 

6 other United States representatives to the 

7 United Nations and to not more than 2 employ8 ees who serve at the pleasure of the Permanent 

9 Representative of the United States to the 

10 United Nations; and 

11 ‘‘(B) a period not longer than 5 years to 

12 not more than 35 members of the Foreign Serv13 ice assigned to the United States Mission to the 

14 United Nations; and 

15 ‘‘(3) provide an allowance, as the Secretary con16 siders appropriate, to each Delegate and Alternate 

17 Delegate of the United States to any session of the 

18 General Assembly of the United Nations who is not 

19 a permanent member of the staff of the United 

20 States Mission to the United Nations, in order to 

21 compensate each such Delegate or Alternate Dele22 gate for necessary housing and subsistence expenses 

23 with respect to attending any such session. 

24 ‘‘(b) The Secretary of State may not make available 

25 living quarters or allowances under subsection (a) to an 


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1 employee who is occupying living quarters that are owned 

2 by such employee. 

3 ‘‘(c) Living quarters and allowances provided under 

4 subsection (a) shall be considered for all purposes as au5 thorized under— 

6 ‘‘(1) chapter 9 of title I of the Foreign Service 

7 Act of 1980 (22 U.S.C. 4081 et seq.); and 

8 ‘‘(2) section 5913 of title 5, United States 

9 Code. 

10 ‘‘(d) The Inspector General of the Department of 

11 State shall— 

12 ‘‘(1) periodically review the administration of 

13 this section to achieve cost savings; and 

14 ‘‘(2) develop appropriate recommendations for 

15 the Secretary of State regarding the administration 

16 of this section.’’. 

17 SEC. 306. RECRUITMENT AND RETENTION OF UNITED 

18 STATES CITIZENS IN INTERNATIONAL ORGA19 NIZATIONS. 

20 (a) IN GENERAL.—The Secretary shall continue ef21 forts to increase the number of qualified United States 

22 citizens employed by the United Nations and by other 

23 international organizations. 


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1 (b) DUTIES OF THE SECRETARY.—Not later than 90 

2 days after the date of the enactment of this Act, the Sec3 retary— 

4 (1) shall develop, recruit, and maintain a roster 

5 of qualified United States candidates for profes6 sional positions and senior positions at the United 

7 Nations and other international organizations, in8 cluding those related to United Nations peace9 keeping operations; 

10 (2) shall designate an employee of the Depart11 ment of State— 

12 (A) to closely monitor job openings at the 

13 United Nations and other international organi14 zations; and 

15 (B) to connect those job openings with 

16 United States citizens listed on the roster de17 scribed in paragraph (1) or through other 

18 mechanisms; 

19 (3) should establish a program that sponsors 

20 Junior Professional Officers and Associate Expert 

21 positions, similar to the support provided to such po22 sitions by Austria, Canada, Switzerland, and the 

23 United Kingdom; and 

24 (4) shall update, as appropriate, reports to the 

25 appropriate congressional committees that describe 


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1 the measures being taken by the Department of 

2 State to facilitate the recruitment of qualified 

3 United States citizens for employment at the United 

4 Nations and other international organizations. 

5 (c) DUTIES OF THE SECRETARY OF THE TREAS6 URY.—Not later than 90 days after the date of the enact7 ment of this Act, the Secretary of the Treasury, in con8 sultation with the Secretary of State, shall— 

9 (1) develop, recruit, and maintain a roster of 

10 qualified United States candidates for professional 

11 positions and senior positions at international finan12 cial institutions (referred to in this subsection as 

13 ‘‘IFIs’’), including the World Bank, the Inter14 national Monetary Fund, and other regional develop15 ment banks; 

16 (2) designate an employee of the Department of 

17 the Treasury or the Department of State— 

18 (A) to closely monitor job openings at 

19 IFIs; 

20 (B) to provide public notice of these open21 ings, to the extent possible; and 

22 (C) to connect such job openings with 

23 United States citizens who are listed on the ros24 ter described in paragraph (1) or who are oth25 erwise eligible; 


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1 (3) update, as appropriate, reports to the ap2 propriate congressional committees that describe the 

3 measures being taken by the Department of the 

4 Treasury and the Department of State to facilitate 

5 the recruitment of qualified United States citizens 

6 for employment at IFIs; and 

7 (4) coordinate with the employee designated in 

8 paragraph (2) to facilitate awareness of openings at 

9 international organizations and IFIs. 

10 SEC. 307. UNITED STATES MEMBERSHIP IN THE INTER11 NATIONAL RENEWABLE ENERGY AGENCY. 

12 (a) IN GENERAL.—The President is authorized— 

13 (1) to accept the terms and conditions of the 

14 Statute of the International Renewable Energy 

15 Agency (referred to in this section as the ‘‘Agency’’); 

16 and 

17 (2) to maintain membership of the United 

18 States in the Agency. 

19 (b) PAYMENTS OF ASSESSED CONTRIBUTIONS.—For 

20 fiscal year 2012 and each fiscal year thereafter, United 

21 States assessed contributions to the Agency may be paid 

22 from amounts appropriated under the heading ‘‘Contribu23 tions to International Organizations’’. 


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1 TITLE IV—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 401. LIMITATION ON ASSISTANCE TO GOVERNMENTS 

4 OF COUNTRIES IN DEFAULT. 

5 (a) FOREIGN ASSISTANCE ACT OF 1961.—Section 

6 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 

7 2370(q)) is amended— 

8 (1) by striking ‘‘any country’’ and inserting 

9 ‘‘the government of any country’’; 

10 (2) by striking ‘‘such country’’ each place it ap11 pears and inserting ‘‘such government’’; and 

12 (3) by striking ‘‘six calendar months’’ and in13 serting ‘‘1 year’’. 

14 (b) ARMS EXPORT CONTROL ACT.—Chapter 4 of the 

15 Arms Export Control Act (22 U.S.C. 2791 et seq.), is 

16 amended— 

17 (1) by redesignating section 47 as section 48; 

18 and 

19 (2) by inserting after section 46 the following: 

20 ‘‘SEC. 47. LIMITATION ON ASSISTANCE TO GOVERNMENTS 

21 OF COUNTRIES IN DEFAULT. 

22 ‘‘No assistance may be furnished under section 23 

23 of this Act to the government of any country which is in 

24 default, during a period exceeding 1 year, in payment to 

25 the United States of principal or interest on any loan 


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1 made to the government of such country under this Act, 

2 unless— 

3 ‘‘(1) such government meets its obligations 

4 under the loan; or 

5 ‘‘(2) the President— 

6 ‘‘(A) determines that assistance to such 

7 country is in the national interest of the United 

8 States; and 

9 ‘‘(B) notifies the Speaker of the House of 

10 Representatives and the Committee on Foreign 

11 Relations of the Senate of such determina12 tion.’’. 

13 SEC. 402. INCREASED AUTHORITY TO PROVIDE ASSIST14 ANCE FOR LAW ENFORCEMENT FORCES. 

15 (a) POLICE TRAINING.—Section 660 of the Foreign 

16 Assistance Act of 1961 (22 U.S.C. 2420) is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (4), by striking ‘‘or’’ at 

19 the end; 

20 (B) in paragraph (6), by striking ‘‘, and 

21 the provision of professional’’ and all that fol22 lows through the semicolon at the end and in23 serting ‘‘, including any regional, district, mu24 nicipal, or other subnational entity emerging 

25 from instability;’’; 


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1 (C) in paragraph (7), by striking the pe2 riod at the end and inserting a semicolon; and 

3 (D) by adding at the end the following: 

4 ‘‘(8) with respect to the provision of profes5 sional training, including training in internationally 

6 recognized standards of human rights and the rule 

7 of law; 

8 ‘‘(9) with respect to assistance to foster civilian 

9 police roles that support democratic governance and 

10 foster improved police-community relations; 

11 ‘‘(10) with respect to assistance to combat traf12 ficking in persons, address sexual and gender-based 

13 violence, reduce corruption, prevent conflict, and re14 spond to disasters; 

15 ‘‘(11) with respect to assistance to address in16 humane conditions in prisons and other detention fa17 cilities administered by foreign governments that are 

18 making efforts to address the health, sanitation, nu19 trition, and other basic needs of prisoners; 

20 ‘‘(12) with respect to assistance provided for 

21 prisoners for humanitarian or development purposes; 

22 or 

23 ‘‘(13) with respect to assistance to support hu24 manitarian operations and activities.’’; and 


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1 (2) by amending subsection (d) to read as fol2 lows: 

3 ‘‘(d) Assistance under chapter 4 of part II that is 

4 otherwise prohibited under subsection (a) may be provided 

5 to a country if the Secretary determines and certifies to 

6 the Committee on Foreign Relations of the Senate and 

7 the Committee on Foreign Affairs of the House of Rep8 resentatives that such assistance is in the national interest 

9 of the United States.’’. 

10 (b) ADMINISTRATION OF JUSTICE.—Section 534 of 

11 the Foreign Assistance Act of 1961 (22 U.S.C. 2346c) is 

12 amended— 

13 (1) in subsection (a), by striking ‘‘in countries 

14 in Latin America and the Caribbean’’; 

15 (2) in subsection (b)(3)— 

16 (A) in subparagraph (C), by striking 

17 ‘‘and’’ at the end; 

18 (B) in subparagraph (D), by inserting 

19 ‘‘and’’ after the semicolon; and 

20 (C) by adding at the end the following: 

21 ‘‘(E) programs to enhance the protection 

22 of participants in judicial cases;’’; 

23 (3) by striking subsection (c); 

24 (4) in subsection (e), by striking the second and 

25 third sentences; and 


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1 (5) by redesignating subsections (d) and (e) as 

2 subsections (c) and (d), respectively. 

3 SEC. 403. BUILDING PUBLIC AWARENESS AND DIALOGUE. 

4 Section 122 of the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2151t) is amended by inserting at the end the 

6 following: 

7 ‘‘(f)(1) The Administrator of the United States Agen8 cy for International Development is authorized— 

9 ‘‘(A) to encourage the people of the United 

10 States to further dialogue and understanding of de11 velopment, humanitarian assistance, and foreign as12 sistance programs; and 

13 ‘‘(B) to facilitate widespread public discussion, 

14 analysis, and review of the issues addressed in the 

15 final report of the Helping to Enhance the Liveli16 hood of People Around the Globe Commission 

17 (HELP Commission), issued in December 2007, 

18 with special regard to the HELP Commission’s call 

19 to encourage Executive agencies to more fully ex20 plain United States development activities to the 

21 American people in order to raise the American peo22 ple’s understanding about and support for foreign 

23 assistance. 

24 ‘‘(2) In addition to funds otherwise available for such 

25 purposes, not more than $1,000,000 of the amounts made 


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1 available each fiscal year for the purposes of this chapter 

2 may be used to ensure effective engagement with the 

3 American people in understanding and promoting public 

4 understanding of development, humanitarian assistance, 

5 and foreign assistance programs.’’. 

6 SEC. 404. EXCEPTION TO CERTAIN MULTIPLE AWARD CON7 TRACT REQUIREMENTS. 

8 Chapter 1 of part III of the Foreign Assistance Act 

9 of 1961, as amended by section 705, is further amended 

10 by adding at the end the following new section: 

11 ‘‘SEC. 620P. USAID EXCEPTION TO CERTAIN MULTIPLE 

12 AWARD CONTRACT REQUIREMENTS. 

13 ‘‘In entering into any multiple award task order or 

14 indefinite delivery or indefinite quality contract, the Ad15 ministrator of the United States Agency for International 

16 Development may provide an exception to the fair oppor17 tunity process for placing task orders under such contracts 

18 when the order is placed with any category of small or 

19 small disadvantaged business.’’. 

20 SEC. 405. MILLENNIUM CHALLENGE ASSISTANCE. 

21 (a) EXTENSION OF COMPACTS.—Section 609(j) of 

22 the Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) 

23 is amended to read as follows: 

24 ‘‘(j) EXTENSION OF COMPACT.— 


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1 ‘‘(1) IN GENERAL.—Except as provided under 

2 paragraph (2), the duration of a Compact shall not 

3 exceed 5 years. 

4 ‘‘(2) EXCEPTION.—The duration of a Compact 

5 may be extended beyond 5 years if the Board— 

6 ‘‘(A) determines that a project included in 

7 the Compact cannot be completed in 5 years or 

8 less; and 

9 ‘‘(B) approves an extension of the Compact 

10 that does not extend the total duration of the 

11 Compact beyond 7 years.’’. 

12 (b) CONCURRENT AND SUBSEQUENT COMPACTS.— 

13 Section 609(k) of such Act (22 U.S.C. 7708(k)) is amend14 ed to read as follows: 

15 ‘‘(k) CONCURRENT AND SUBSEQUENT COMPACTS.— 

16 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

17 and in accordance with the requirements of this 

18 title, an eligible country and the United States— 

19 ‘‘(A) may enter into, and have in effect, 

20 more than 1 Compact at any given time; and 

21 ‘‘(B) may enter into subsequent Compacts 

22 after the expiration of existing Compacts. 

23 ‘‘(2) REQUIREMENTS.—An eligible country and 

24 the United States may enter into concurrent Com25 pacts if the Board determines that such country— 


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1 ‘‘(A) is making significant, consistent 

2 progress in implementing the terms of any ex3 isting Compacts; and 

4 ‘‘(B) will contribute— 

5 ‘‘(i) in the case of a candidate country 

6 (as defined in section 606(a)), not less 

7 than 7.5 percent of the total amount 

8 agreed upon for a subsequent Compact; or 

9 ‘‘(ii) in the case of a candidate coun10 try (as defined in section 606(b)), not less 

11 than 15 percent of the total amount agreed 

12 upon for a subsequent Compact. 

13 ‘‘(3) FUNDING.—The Corporation shall commit 

14 any funding for a concurrent Compact at the time 

15 the Corporation funds the Compact. 

16 ‘‘(4) TIMING.—A concurrent Compact shall be 

17 signed not later than 2 years after the date on which 

18 the earlier compact was signed. 

19 ‘‘(5) LIMITATION ON COMPACTS.—The Corpora20 tion shall provide not more than 15 years of Com21 pact funding to any country.’’. 

22 (c) APPLICABILITY.—The amendments made by sub23 sections (a) and (b) shall apply with respect to Compacts 

24 entered into between the United States and an eligible 

25 country under the Millennium Challenge Act of 2003 (22 


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1 U.S.C. 7701 et seq.) before, on, or after the date of the 

2 enactment of this Act. 

3 (d) STATUS OF COUNTRIES AS CANDIDATE COUN4 TRIES UNDER THE MILLENNIUM CHALLENGE ACT OF

5 2003.—Section 606 of the Millennium Challenge Act of 

6 2003 (22 U.S.C. 7705) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (1)— 

9 (i) by amending the paragraph head10 ing to read as follows: 

11 ‘‘(1) IN GENERAL.—’’; 

12 (ii) in the matter preceding subpara13 graph (A), by striking ‘‘fiscal year 2004’’ 

14 and inserting ‘‘a fiscal year’’; 

15 (iii) by amending subparagraph (A) to 

16 read as follows: 

17 ‘‘(A) the country— 

18 ‘‘(i) has a per capita income that is 

19 not greater than the World Bank’s lower 

20 middle income country threshold for such 

21 fiscal year; and 

22 ‘‘(ii) is among the 75 lowest per cap23 ita income countries, as identified by the 

24 World Bank; and’’; and 


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1 (iv) in subparagraph (B), by striking 

2 ‘‘subject to paragraph (3)’’ and inserting 

3 ‘‘subject to paragraph (2)’’; 

4 (B) by striking paragraph (2); and 

5 (C) by redesignating paragraph (3) as 

6 paragraph (2); 

7 (2) in subsection (b)— 

8 (A) in paragraph (1)— 

9 (i) in the matter preceding subpara10 graph (A), by striking ‘‘for fiscal year 

11 2006 or a subsequent fiscal year’’ and in12 serting ‘‘for any fiscal year’’; and 

13 (ii) by striking subparagraphs (A) and 

14 (B) and inserting the following: 

15 ‘‘(A) has a per capita income that is not 

16 greater than the World Bank’s lower middle in17 come country threshold for such fiscal year; 

18 ‘‘(B) is not among the 75 lowest per capita 

19 income countries as identified by the World 

20 Bank; and 

21 ‘‘(C) meets the requirements under sub22 section (a)(1)(B).’’; and 

23 (B) in paragraph (2)— 


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1 (i) by striking ‘‘for fiscal year 2006 or 

2 any subsequent fiscal year’’ and inserting 

3 ‘‘for any fiscal year’’; and 

4 (ii) by striking ‘‘for fiscal year 2006 

5 or the subsequent fiscal year, as the case 

6 may be’’ and inserting ‘‘for such fiscal 

7 year’’; 

8 (3) by redesignating subsection (c) as sub9 section (d); and 

10 (4) by inserting after subsection (b) the fol11 lowing: 

12 ‘‘(c) MAINTAINING CANDIDATE STATUS.—Beginning 

13 in fiscal year 2012, a country the per capita income of 

14 which changes during a fiscal year so that the country 

15 no longer meets the requirements for being a candidate 

16 country under subsection (a)(1) or (b)(1) shall, notwith17 standing that change in per capita income, continue to be 

18 eligible to be a candidate country under subsection (a)(1) 

19 or (b)(1) (as the case may be) during that fiscal year and 

20 the 3 fiscal years thereafter to the same extent and in 

21 the same manner as if the per capita income of the coun22 try had not changed.’’. 


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1 SEC. 406. ENHANCING THE CAPACITY OF THE OFFICE OF 

2 THE INSPECTOR GENERAL FOR THE UNITED 

3 STATES AGENCY FOR INTERNATIONAL DE4 VELOPMENT. 

5 (a) PROVISIONS RELATING TO REEMPLOYED ANNU6 ITANTS.— 

7 (1) WAIVER AUTHORITY.—To facilitate the as8 signment of persons to positions in Iraq, Pakistan, 

9 and Afghanistan, or to positions vacated by mem10 bers of the Foreign Service assigned to Iraq, Paki11 stan, and Afghanistan, the Inspector General of the 

12 United States Agency for International Development 

13 (referred to in this section as the ‘‘Inspector Gen14 eral’’) may, subject to paragraph (3), waive the ap15 plication of the provisions of law set forth in para16 graph (2) on behalf of any reemployed annuitant 

17 serving in a position within the Office of Inspector 

18 General. 

19 (2) PROVISIONS.—The provisions of law set 

20 forth in this paragraph are— 

21 (A) subsections (a) through (d) of section 

22 8344 of title 5, United States Code; 

23 (B) subsections (a) through (e) of section 

24 8468 of such title; and 


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1 (C) subsections (a) through (d) of section 

2 824 of the Foreign Service Act of 1980 (22 

3 U.S.C. 4064). 

4 (3) CONDITIONS.—Waiver authority under this 

5 subsection may be exercised only— 

6 (A) on a case-by-case basis; and 

7 (B) if, and for so long as, such waiver is 

8 necessary due to— 

9 (i) difficulty in the recruitment or re10 tention of a qualified employee for the po11 sition involved; or 

12 (ii) a temporary emergency hiring 

13 need. 

14 (4) SUNSET.— 

15 (A) IN GENERAL.—This subsection is re16 pealed on October 1, 2014. 

17 (B) EFFECT OF REPEAL.—An annuitant 

18 reemployed before October 1, 2014, pursuant to 

19 the waiver under paragraph (1), may continue 

20 such employment until not later than Sep21 tember 30, 2015. 

22 (b) PROVISIONS RELATING TO CONTRACTS FOR PER23 SONAL SERVICES.— 

24 (1) IN GENERAL.—The Inspector General may 

25 contract with United States citizens for personal 


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1 services to facilitate and support the Office’s over2 sight of programs and operations. Such citizens shall 

3 not, by virtue of any such contract, be considered to 

4 be employees of the Federal Government for pur5 poses of any law administered, in whole or in part, 

6 by the Office of Personnel Management. 

7 (2) RELATION TO OTHER LAWS.—Nothing in 

8 this subsection may be construed to affect any deter9 mination as to whether an individual performing 

10 services pursuant to any contract under this sub11 section is a Government employee for purposes of 

12 any law of the United States. The Administrator of 

13 the United States Agency for International Develop14 ment may determine the applicability, with respect 

15 to any such individual, of any law administered, in 

16 whole or in part, by the Administrator. 

17 (3) CONDITIONS.—The Inspector General may 

18 not enter into a personal services contract under this 

19 subsection unless— 

20 (A) the Inspector General determines that 

21 the personnel resources of the Office would oth22 erwise be insufficient; 

23 (B) the contract is for a term of 2 years 

24 or less, unless the Inspector General determines 


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1 that exceptional circumstances justify an exten2 sion of up to 1 additional year; and 

3 (C) not more than 5 percent of the per4 sonnel of the Office (determined on a full time 

5 equivalent basis), as of any given date, consists 

6 of individuals serving under personal services 

7 contracts. 

8 (4) OTHER AUTHORITIES NOT AFFECTED.—The 

9 authority under this subsection is in addition to any 

10 other authority available to the Inspector General to 

11 enter into personal services contracts with individ12 uals. 

13 (c) NOT CONSIDERED EMPLOYEES.—An employee 

14 reemployed pursuant to the waiver under subsection (a) 

15 shall not be considered an employee for purposes of sub16 chapter III of chapter 83 of title 5, United States Code, 

17 or chapter 84 of such title. 

18 (d) REPORT.—In the Office of the Inspector Gen19 eral’s semiannual report to Congress, the Inspector Gen20 eral shall include information on the usage and rationale 

21 related to annuitants hired under this section. 


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1 SEC. 407. PROHIBITIONS ON FOREIGN ASSISTANCE FOR 

2 THE PRODUCTION OF CERTAIN AGRICUL3 TURAL COMMODITIES. 

4 Section 620 of the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2370) is amended by inserting after subsection 

6 (l) the following new subsection: 

7 ‘‘(m) PROHIBITIONS ON ASSISTANCE FOR THE PRO8 DUCTION OF AGRICULTURAL COMMODITIES AVAILABLE

9 IN SURPLUS QUANTITIES.—(1) No assistance shall be fur10 nished under chapter 1 of part I of this Act to a country 

11 to build or expand the capacity of producers in the country 

12 to produce an agricultural commodity if the President de13 termines that— 

14 ‘‘(A) the agricultural commodity is likely to be 

15 available in surplus quantities on the world market 

16 when the building or expansion of such capacity is 

17 complete; and 

18 ‘‘(B) the production or expanded production of 

19 the agricultural commodity by producers in that 

20 country would cause substantial injury to producers 

21 in the United States that produce that agricultural 

22 commodity or a similar or competing agricultural 

23 commodity. 

24 ‘‘(2) Paragraph (1) shall not apply with respect to 

25 assistance to a country that— 


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1 ‘‘(A)(i) is eligible for assistance from the Inter2 national Development Association; 

3 ‘‘(ii) is not eligible for assistance from the 

4 International Bank for Reconstruction and Develop5 ment; and 

6 ‘‘(iii) does not export on a consistent basis the 

7 agricultural commodity with respect to which assist8 ance is furnished; or 

9 ‘‘(B) the President determines is recovering 

10 from widespread conflict, a humanitarian crisis, or a 

11 complex emergency. 

12 ‘‘(n) RESTRICTION ON ASSISTANCE FOR THE PRO13 DUCTION AND EXPORTATION OF CERTAIN AGRICULTURAL

14 COMMODITIES.—(1) No assistance shall be furnished 

15 under chapter 1 of part I of this Act to a country to carry 

16 out any testing, breeding feasibility studies, variety im17 provement efforts, introduction efforts, consulting, publi18 cations, conferences, or training with respect to the pro19 duction of an agricultural commodity in that country if 

20 the President determines that— 

21 ‘‘(A) the agricultural commodity is or will be 

22 produced to be exported from that country; and 

23 ‘‘(B) the exportation of the agricultural com24 modity from that country will result in increased 

25 competition for that agricultural commodity, or a 


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1 similar or competing agricultural commodity, pro2 duced in the United States. 

3 ‘‘(2) Paragraph (1) shall not apply with respect to 

4 assistance furnished— 

5 ‘‘(A) to a developing country to carry out an ac6 tivity involving the production of an agricultural 

7 commodity that is designed to increase food security 

8 in that country if the President determines that the 

9 activity will not have a significant impact on the ex10 portation of that agricultural commodity from the 

11 United States; or 

12 ‘‘(B) to a country that— 

13 ‘‘(i)(I) is eligible for assistance from the 

14 International Development Association; 

15 ‘‘(II) is not eligible for assistance from the 

16 International Bank for Reconstruction and De17 velopment; and 

18 ‘‘(III) does not export on a consistent basis 

19 the agricultural commodity with respect to 

20 which assistance is furnished; or 

21 ‘‘(ii) the President determines is recovering 

22 from widespread conflict, a humanitarian crisis, 

23 or a complex emergency.’’. 

24 SEC. 408. SENSE OF CONGRESS REGARDING CENTRAL ASIA. 

25 It is the Sense of Congress that— 


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1 (1) the countries of Central Asia, which include 

2 Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, 

3 and Uzbekistan— 

4 (A) provide vital support to coalition ef5 forts in Afghanistan; 

6 (B) sit at the crossroads between Europe 

7 and Asia; and 

8 (C) have the potential to link global mar9 kets; 

10 (2) because of Central Asia’s strategic impor11 tance, the United States should invest resources in 

12 the region to improve relations and promote shared 

13 objectives; 

14 (3) it is critical for the United States to con15 tinue to engage with the countries of Central Asia 

16 to further democracy, human rights, and economic 

17 prosperity, including engaging in regional economic 

18 integration efforts with Afghanistan and South Asia; 

19 (4) the United States should engage proactively 

20 in efforts to promote and facilitate the development 

21 of road transportation linkages across Central Asia 

22 and Afghanistan, which are key to stimulating eco23 nomic opportunity and trade in the region; and 

24 (5) upon determination by the President that 

25 Kazakhstan and Tajikistan are complying with apVerDate Mar 15 2010 23:53 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00110 Fmt 6652 Sfmt 6201 E:\BILLS\S1426.IS S1426

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1 plicable freedom of emigration requirements, Con2 gress should take steps to terminate the applicability 

3 of title IV of the Trade Act of 1974 (19 U.S.C. 

4 2431 et seq.), also known as the ‘‘Jackson-Vanik 

5 amendment’’, for such countries because of— 

6 (A) their compliance with the law’s provi7 sions; and 

8 (B) their record of cooperation with the 

9 United States in key areas. 

10 SEC. 409. GLOBAL HEALTH INITIATIVE. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) the Global Health Initiative presents an op14 portunity to build upon ongoing successes and to 

15 promote further advances in global health, in accord16 ance with the Tom Lantos and Henry J. Hyde 

17 United States Global Leadership Against HIV/ 

18 AIDS, Tuberculosis, and Malaria Reauthorization 

19 Act of 2008 (Public Law 110–293); and 

20 (2) in order to promote effective coordination 

21 and management in the field of global health, a full22 time country level coordinator with management ex23 perience should head the interagency country team 

24 for United States missions in each Global Health 

25 Initiative Plus country. 


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1 (b) REPORT.— 

2 (1) IN GENERAL.—Not later than 180 days 

3 after the date of the enactment of this Act, the Sec4 retary shall submit a report to the appropriate con5 gressional committees that assesses the state of im6 plementation and early impact of the Global Health 

7 Initiative (referred to in this subsection as the 

8 ‘‘GHI’’) on how the United States approaches global 

9 health. 

10 (2) FINDING.—The original 8 GHI Plus coun11 tries (Bangladesh, Ethiopia, Guatemala, Kenya, Ma12 lawi, Mali, Nepal, and Rwanda) have been des13 ignated as ‘‘learning laboratories’’ for accelerating 

14 the objectives of the GHI— 

15 (A) to increase the impact of United States 

16 assistance; 

17 (B) to achieve efficiencies; 

18 (C) to improve cost effectiveness; and 

19 (D) to enhance the sustainability of United 

20 States support through greater country owner21 ship. 

22 (3) CONTENTS.—The report submitted under 

23 this subsection shall include— 

24 (A) an overview of the initial implementa25 tion phases of the GHI as a cross-cutting effort 


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1 to achieve the objectives described in paragraph 

2 (2); 

3 (B) a preliminary assessment of the GHI, 

4 as implemented in each of the original 8 GHI 

5 Plus countries, including— 

6 (i) a preliminary assessment of the 

7 added value of the measures taken as a re8 sult of implementation of the GHI with 

9 qualitative and quantitative examples of ef10 ficiencies and integration; 

11 (ii) a description of the outputs 

12 achieved; 

13 (iii) a description of the intended out14 comes of interventions and changes in ap15 proach stemming from the GHI on disease 

16 burden, health systems, and other indica17 tors; 

18 (iv) a description of changes in the 

19 dialogue between the United States Gov20 ernment, the government of the country, 

21 and the relationship with public and pri22 vate partners; and 

23 (v) an assessment of the sustainability 

24 of United States global health assistance 


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1 and the means by which sustainability or 

2 country ownership will be measured; and 

3 (C) a strategic plan for the further imple4 mentation of the GHI, including the means by 

5 which lessons learned in GHI Plus countries 

6 will be communicated to and applied in— 

7 (i) the development and implementa8 tion of GHI strategies in other countries; 

9 and 

10 (ii) the development of monitoring and 

11 evaluation tools to measure the impact of 

12 United States programming in specific 

13 countries and globally. 

14 SEC. 410. DISCRIMINATION RELATED TO SEXUAL ORIENTA15 TION. 

16 (a) TRACKING VIOLENCE OR CRIMINALIZATION RE17 LATED TO SEXUAL ORIENTATION.—The Assistant Sec18 retary for Democracy, Human Rights and Labor should 

19 designate a Bureau-based officer or officers who shall be 

20 responsible for tracking violence, criminalization, and re21 strictions on the enjoyment of fundamental freedoms, con22 sistent with United States law, in foreign countries based 

23 on actual or perceived sexual orientation and gender iden24 tity. 


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1 (b) INTERNATIONAL EFFORTS TO REVISE LAWS

2 CRIMINALIZING HOMOSEXUALITY.—The Secretary of 

3 State shall work through appropriate United States Gov4 ernment employees at United States diplomatic and con5 sular missions to encourage the governments of other 

6 countries to reform or repeal laws of such countries crim7 inalizing homosexuality or consensual homosexual con8 duct, or restricting the enjoyment of fundamental free9 doms, consistent with United States law, by homosexual 

10 individuals or organizations. 

11 (c) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

12 PRACTICES.—The Foreign Assistance Act of 1961 (22 

13 U.S.C. 2151 et seq.) is amended— 

14 (1) in section 116(d)— 

15 (A) in paragraph (10), by striking ‘‘and’’ 

16 at the end; 

17 (B) in paragraph (11), by striking the pe18 riod at the end and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(12) wherever applicable, violence or discrimi21 nation that affects the fundamental freedoms, con22 sistent with United States law, of an individual in 

23 foreign countries that is based on actual or perceived 

24 sexual orientation and gender identity.’’; and 


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1 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

2 inserting after the eighth sentence the following new 

3 sentence: ‘‘Wherever applicable, violence or discrimi4 nation that affects the fundamental freedoms, con5 sistent with United States law, of an individual in 

6 foreign countries that is based on actual or perceived 

7 sexual orientation and gender identity.’’. 

8 (d) TRAINING FOR FOREIGN SERVICE OFFICERS.— 

9 Section 708(a) of the Foreign Service Act of 1980 (22 

10 U.S.C. 4028(a)) is amended— 

11 (1) in the matter preceding paragraph (1), by 

12 inserting ‘‘the Secretary for Democracy, Human 

13 Rights and Labor,’’ before ‘‘the Ambassador at 

14 Large’’; 

15 (2) in paragraph (2), by striking ‘‘and’’ at the 

16 end; 

17 (3) in paragraph (3), by striking the period at 

18 the end and inserting ‘‘; and’’; and 

19 (4) by adding at the end the following: 

20 ‘‘(4) instruction, in courses covering human 

21 rights reporting and advocacy work, on identifying 

22 violence or discrimination that affects the funda23 mental freedoms, consistent with United States law, 

24 of an individual that is based on actual or perceived 

25 sexual orientation and gender identity.’’. 


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1 SEC. 411. OVERSEAS PRIVATE INVESTMENT CORPORATION. 

2 Section 235 of the Foreign Assistance Act of 1961(a) 

3 (22 U.S.C. 2195(a)) is amended— 

4 (1) in paragraph (1)— 

5 (A) by striking ‘‘(A)’’; and 

6 (B) by striking ‘‘sections 234(b) and (c)’’ 

7 and inserting ‘‘subsections (b) and (c) of sec8 tion 234’’; 

9 (2) by striking paragraph (2); and 

10 (3) by striking ‘‘(B)’’ and inserting the fol11 lowing: 

12 ‘‘(2) AUTHORIZED TRANSFERS.—’’. 

13 SEC. 412. GLOBAL INTERNET FREEDOM. 

14 (a) POLICY.—It shall be the policy of the United 

15 States— 

16 (1) to promote and protect the exercise of fun17 damental freedoms over the Internet, mobile net18 works, and other connection technologies; 

19 (2) to use appropriate instruments of United 

20 States influence, including diplomacy, technology, 

21 and trade and economic policy, to support and pro22 mote the free flow of electronic information; 

23 (3) to work with international and multilateral 

24 partners to promote the exercise of fundamental 

25 freedoms over the Internet, mobile networks, and 

26 other connection technologies; and 


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1 (4) to integrate the promotion of Internet free2 dom into broader country, regional, and economic 

3 policies of the Department of State. 

4 (b) FUNCTIONS.—The Secretary of State, through 

5 the Bureau of Democracy, Human Rights, and Labor, the 

6 Bureau of Economic Affairs, and the regional geographic 

7 bureaus, and in consultation with the United States Agen8 cy for International Development and the Broadcasting 

9 Board of Governors, as appropriate, shall, on a global 

10 level— 

11 (1) closely monitor threats or limitations to 

12 users’ exercise of fundamental rights over connection 

13 technologies, especially the Internet and mobile de14 vices, and include information about these threats or 

15 limitations in the annual Country Reports on 

16 Human Rights Practices; 

17 (2) create and implement guidelines for the bu18 reaus and embassies of the Department of State to 

19 respond to governmental actions to harass, limit, 

20 censor, or otherwise restrict the exercise of funda21 mental freedoms through information and commu22 nications technology; 

23 (3) respond diplomatically to situations in 

24 which the Internet and other forms of connective 

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1 stricted, monitored, distorted, or otherwise denied to 

2 users; and 

3 (4) develop and implement, programmatically 

4 and diplomatically, bilateral and multilateral efforts 

5 to protect and promote broad-based information and 

6 communications freedom and access by imple7 menting a strategy that includes— 

8 (A) advocating for fundamental freedoms 

9 over the Internet, mobile networks, and other 

10 connection technologies, such as freedom of ex11 pression, association, speech, religion, and as12 sembly through bilateral, multilateral, and pub13 lic diplomacy, and support for local advocacy ef14 forts; and 

15 (B) utilizing trade and economic fora, 

16 tools, mechanisms, treaties, and agreements to 

17 change restrictive regulations, practices, and 

18 policies. 

19 (c) PRIMARY RESPONSIBILITIES.—The Bureau of 

20 Democracy, Human Rights and Labor, in consultation 

21 with all other relevant bureaus, shall take the lead in— 

22 (1) empowering users to develop innovative 

23 tools— 

24 (A) to ameliorate their restrictive environ25 ments; and 


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1 (B) to maximize their digital safety and se2 curity; 

3 (2) providing training, education, and net4 working to users seeking greater freedom to safely 

5 access information online and through other forms 

6 of connective technology; 

7 (3) providing technical assistance to reform reg8 ulatory and policy restrictions on the free flow of in9 formation through information and communications 

10 technology worldwide; 

11 (4) supporting research and development into 

12 innovative tools to assist users who are monitored, 

13 censored, blocked, or otherwise restricted from exer14 cising rights; and 

15 (5) supporting the development and deployment 

16 of Internet censorship circumvention and related 

17 tools and technology. 

18 (d) JOINT STRATEGIES.—The Administrator of the 

19 United States Agency for International Development, in 

20 cooperation with the Bureau of Democracy, Human 

21 Rights, and Labor, and the Bureau of Economic Affairs, 

22 and through consultation with the Broadcasting Board of 

23 Governors, shall develop and implement joint strategies 

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1 scribed in subsection (b)(4) that emphasize the promotion 

2 of digital safety, user empowerment, and public awareness 

3 messaging. 

4 (e) STRATEGIC PLAN.—The Broadcasting Board of 

5 Governors, in consultation with the Department of State, 

6 shall develop and implement a strategic plan relevant for 

7 its related entities pursuant to subsection (b)(4) that em8 phasizes the use and support of— 

9 (1) Internet circumvention; 

10 (2) other anti-censorship tools and methods; 

11 and 

12 (3) individual online safety and security. 

13 SEC. 413. INTERNATIONAL CYBERSPACE AND CYBERSECU14 RITY COORDINATION. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) On December 15, 2010, as part of the re18 lease of the first Quadrennial Diplomacy and Devel19 opment Review, Secretary of State Hillary Clinton 

20 announced the establishment of a Coordinator for 

21 Cyber Issues, ‘‘who will lead State’s engagement on 

22 cybersecurity and other cyber issues, including ef23 forts to protect a critical part of diplomacy—the 

24 confidentiality of communications between and 

25 among governments.’’. 


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1 (2) On February 2, 2010, Admiral Dennis C. 

2 Blair, the Director of National Intelligence, testified 

3 before the Select Committee on Intelligence of the 

4 Senate regarding the Annual Threat Assessment of 

5 the U.S. Intelligence Community, stating ‘‘The na6 tional security of the United States, our economic 

7 prosperity, and the daily functioning of our govern8 ment are dependent on a dynamic public and private 

9 information infrastructure, which includes tele10 communications, computer networks and systems, 

11 and the information residing within. This critical in12 frastructure is severely threatened . . . We cannot 

13 protect cyberspace without a coordinated and col14 laborative effort that incorporates both the U.S. pri15 vate sector and our international partners.’’. 

16 (3) In a January 2010 speech on Internet free17 dom, Secretary of State Hillary Clinton stated: 

18 ‘‘Those who disrupt the free flow of information in 

19 our society, or any other, pose a threat to our econ20 omy, our government, and our civil society. Coun21 tries or individuals that engage in cyber attacks 

22 should face consequences and international con23 demnation. In an Internet-connected world, an at24 tack on one nation’s networks can be an attack on 

25 all. And by reinforcing that message, we can create 


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1 norms of behavior among States and encourage re2 spect for the global networked commons.’’. 

3 (4) James Lewis, senior fellow at the Center for 

4 Strategic and International Studies, asserts, in ‘‘Se5 curing Cyberspace for the 44th Presidency’’, ‘‘The 

6 international aspects of cybersecurity have been 

7 among the least developed elements of U.S. cyberse8 curity policy. Given the multinational and global as9 pects of network security, this must be remedied, as 

10 energetic engagement could produce real benefits in 

11 promoting U.S. objectives and reducing risk.’’. 

12 (5) The 2010 National Broadband Plan of the 

13 Federal Communications Commission recommends 

14 that ‘‘[t]he Executive Branch should develop a co15 ordinated foreign cybersecurity assistance program 

16 to assist foreign countries in the development of 

17 legal and technical expertise to address cybersecu18 rity.’’. 

19 (6) The May 2009 White House Cyberspace 

20 Policy Review asserts ‘‘[t]he Nation also needs a 

21 strategy for cybersecurity designed to shape the 

22 international environment and bring like-minded na23 tions together on a host of issues, such as technical 

24 standards and acceptable legal norms regarding ter25 ritorial jurisdiction, sovereign responsibility, and use 


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1 of force. International norms are critical to estab2 lishing a secure and thriving digital infrastructure.’’. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) even as the United States and the global 

6 system have become increasingly more dependent on 

7 cyberspace for basic and critical functions and serv8 ices, a lack of sufficient norms and principles to gov9 ern the international cyberspace environment has re10 sulted in significant cyber vulnerabilities and the po11 tential for massive state failure in the event of co12 ordinated cyber attacks; 

13 (2) the multilateral system has not— 

14 (A) addressed these vulnerabilities in a 

15 consistent or systematic manner; or 

16 (B) established a basic framework of best 

17 practices and governance to address and re18 spond to emerging cyber threats; 

19 (3) the international community should strongly 

20 consider the utility of negotiating a multilateral 

21 framework on cyberwarfare that would create shared 

22 norms for cyber conduct and head off the poten23 tiality for larger disruptions related to cyberwarfare; 

24 (4) United States diplomatic engagement to25 wards international cybersecurity issues— 


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1 (A) has been uncoordinated and frag2 mented; and 

3 (B) has not taken advantage of securing 

4 cyberspace within a multilateral framework; 

5 (5) the Secretary of State, in consultation with 

6 other relevant Federal agencies, should develop and 

7 establish a clear and coordinated strategy for inter8 national cyberspace and cybersecurity engagement, 

9 which should— 

10 (A) review and assess existing strategies 

11 for international cyberspace and cybersecurity 

12 policy and engagement; 

13 (B) define short- and long-term objectives 

14 for United States cyberspace and cybersecurity 

15 policy; 

16 (C) consider how to support a policy of 

17 United States Government collaboration and co18 ordination with other countries and organiza19 tions in order to bolster an international frame20 work of cyber norms, governance, and deter21 rence; 

22 (D) consider the utility of negotiating a 

23 multilateral framework that would provide 

24 internationally acceptable principles to better 


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1 mitigate cyberwarfare, including noncombat2 ants; 

3 (E) share and disseminate relevant threat 

4 information with key stakeholders; 

5 (F) be developed in consultation with other 

6 United States Government agencies with rel7 evant technical expertise or policy mandates 

8 pertaining to cyberspace and cybersecurity 

9 issues; and 

10 (G) draw upon the expertise of technology, 

11 security and policy experts, private sector ac12 tors, international organizations, and other ap13 propriate entities; and 

14 (6) the Secretary of State’s announcement, in 

15 the Quadrennial Diplomacy and Development Re16 view, of the creation of an Office of the Coordinator 

17 for Cyber Issues is a welcome first step that will 

18 help the United States define and organize civilian 

19 efforts to appropriately engage and coordinate cyber 

20 issues of global concern. 

21 (c) STATEMENT OF POLICY.—It is the policy of the 

22 United States to promote, in coordination with public and 

23 private stakeholders and the international community, en24 gagement on international cyber issues through increased 


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1 diplomatic engagement, capacity building, and collabora2 tion on cyber issues of global concern. 

3 (d) COORDINATOR FOR CYBERSPACE AND CYBERSE4 CURITY ISSUES.—Section 1 of the State Department 

5 Basic Authorities Act of 1956 (22 U.S.C. 2651a) is 

6 amended— 

7 (1) by redesignating subsection (g) as sub8 section (h); and 

9 (2) by inserting after subsection (f) the fol10 lowing: 

11 ‘‘(g) CYBERSPACE AND CYBERSECURITY ISSUES.— 

12 ‘‘(1) IN GENERAL.—There is established within 

13 the office of the Secretary of State a Coordinator for 

14 Cyberspace and Cybersecurity Issues (referred to in 

15 this subsection as the ‘Coordinator’), who shall be 

16 appointed by the President, by and with the advice 

17 and consent of the Senate. 

18 ‘‘(2) DUTIES.— 

19 ‘‘(A) PRINCIPAL DUTIES.—The Coordi20 nator shall— 

21 ‘‘(i) be the principal official within the 

22 senior management of the Department of 

23 State responsible for cyberspace and cyber24 security issues; 


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1 ‘‘(ii) be the principal advisor to the 

2 Secretary of State on international cyber3 space and cybersecurity issues; 

4 ‘‘(iii) report directly to the Secretary 

5 of State; and 

6 ‘‘(iv) perform such duties and exercise 

7 such powers as the Secretary of State shall 

8 prescribe. 

9 ‘‘(B) ADDITIONAL DUTIES.—In addition to 

10 the duties described in subparagraph (A), the 

11 Coordinator shall— 

12 ‘‘(i) provide strategic direction and co13 ordination for United States Government 

14 policy and programs aimed at addressing 

15 and responding to cyberspace and cyberse16 curity issues overseas, especially in relation 

17 to issues that affect United States foreign 

18 policy and related national security con19 cerns; 

20 ‘‘(ii) coordinate with relevant Federal 

21 departments and agencies, including the 

22 Department of Homeland Security, the De23 partment of Defense, the Department of 

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1 telligence community to develop inter2 agency plans regarding international cyber3 space and cybersecurity issues; 

4 ‘‘(iii) provide a focal point for the pri5 vate sector to coordinate on international 

6 cyberspace and cybersecurity issues; and 

7 ‘‘(iv) build multilateral cooperation to 

8 develop international norms, common poli9 cies, and responses to secure the integrity 

10 of cyberspace. 

11 ‘‘(3) RANK AND STATUS OF AMBASSADOR.— 

12 The Coordinator shall have the rank and status of 

13 Ambassador at Large. 

14 ‘‘(4) COUNTRY AND REGIONAL CYBERSPACE

15 AND CYBERSECURITY POLICY COORDINATORS.—The 

16 Secretary of State, in consultation with the heads of 

17 other relevant Federal agencies and in coordination 

18 with the relevant Chief of Mission, should designate 

19 an employee to have primary responsibility for mat20 ters relating to cyberspace and cybersecurity policy 

21 in each country or region that the Secretary con22 siders significant with respect to efforts of the 

23 United States Government to combat cybersecurity 

24 globally.’’. 


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1 (e) STRATEGY FOR UNITED STATES ENGAGEMENT

2 ON INTERNATIONAL CYBER ISSUES.— 

3 (1) STRATEGY FOR UNITED STATES CYBER EN4 GAGEMENT.—The Coordinator, in consultation with 

5 appropriate departments and agencies of the United 

6 States Government, shall— 

7 (A) develop a strategy to support the ob8 jective of promoting United States engagement 

9 on international cyber issues; and 

10 (B) submit the to the appropriate congres11 sional committees. 

12 (2) CONTENT.—The strategy developed under 

13 paragraph (1) shall— 

14 (A) include— 

15 (i) efforts to be undertaken; 

16 (ii) specific and measurable goals; 

17 (iii) benchmarks and time frames for 

18 achieving the objectives set forth in sub19 section (b)(5)(B); and 

20 (iv) progress made towards achieving 

21 such objectives; and 

22 (B) to the greatest extent possible— 

23 (i) be developed in consultation with 

24 other United States Government agencies 

25 with relevant technical expertise or policy 


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1 mandates pertaining to cyberspace and cy2 bersecurity issues; and 

3 (ii) draw upon the expertise of tech4 nology, security, and policy experts, private 

5 sector actors, international organizations, 

6 and other appropriate entities. 

7 (3) COMPONENTS.—The strategy developed 

8 under paragraph (1) should include— 

9 (A) assessments and reviews of existing 

10 strategies for international cyberspace and cy11 bersecurity policy and engagement; 

12 (B) short- and long-term objectives for 

13 United States cyberspace and cybersecurity en14 gagement; and 

15 (C) a description of programs, activities, 

16 and policies to foster United States Government 

17 collaboration and coordination with other coun18 tries and organizations to bolster an inter19 national framework of cyber norms, governance, 

20 and deterrence, including consideration of the 

21 utility of negotiating a multilateral framework 

22 to provide internationally acceptable principles 

23 to better mitigate cyberwarfare, including non24 combatants. 


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1 (4) REPORTS.—Not later than 1 year after the 

2 date of the enactment of this Act, the Secretary of 

3 State shall submit a report on the strategy developed 

4 under paragraph (1) to— 

5 (A) the Committee on Foreign Relations of 

6 the Senate; and 

7 (B) the Committee on Foreign Affairs of 

8 the House of Representatives. 

9 (f) AUTHORIZATION OF APPROPRIATIONS.—There 

10 are authorized to be appropriated such sums as may be 

11 necessary to carry out this section and the amendments 

12 made by this section. 

13 SEC. 414. PROMOTING GLOBAL ACCESS TO CONNECTIVE 

14 TECHNOLOGIES. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) Internet and mobile technology is increas18 ingly used by the Department of State and the 

19 United States Agency for International Development 

20 (USAID) to reach aid beneficiaries and the general 

21 public in recipient countries. 

22 (2) The use of mobile devices to deliver life-sav23 ing information, provide essential banking services, 

24 and connect individuals has become a core pillar in 

25 development and democracy promotion. 


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1 (3) Recent uprisings in the Arab world showed 

2 a high use of social media to spread messages of dis3 content and to organize mass demonstrations. 

4 (4) While the use of mobile telephones is grow5 ing at a rapid pace in the developing world, global 

6 access to Internet service remains low. 

7 (5) According to 2009 data from the Inter8 national Telecommunications Union— 

9 (A) in Egypt— 

10 (i) 24 percent of the population use 

11 the Internet; 

12 (ii) 3 percent access the Internet 

13 through a fixed subscription; 

14 (iii) 1.3 percent access the Internet 

15 through fixed broadband; and 

16 (iv) 8 percent access the Internet 

17 through mobile broadband; and 

18 (B) in Yemen— 

19 (i) 10 percent of the population use 

20 the Internet; 

21 (ii) 0.23 percent access the Internet 

22 through fixed broadband; and 

23 (iii) none access the Internet through 

24 mobile broadband. 


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1 (b) GLOBAL ACCESS STRATEGY.—Not later than 1 

2 year after the date of the enactment of this Act, the Sec3 retary of State, in consultation with the USAID Adminis4 trator, shall develop and implement a global access strat5 egy that— 

6 (1) identifies any causal connection between ac7 cess to connective technologies and the fulfillment of 

8 diplomatic, economic, or development goals and ob9 jectives, in cooperation with relevant multilateral or 

10 nongovernmental entities; 

11 (2) if a causal connection is identified under 

12 paragraph (1), includes a strategy for increasing ac13 cess for relevant embassy and USAID mission per14 formance plans; 

15 (3) ensures that funds for democracy and 

16 human rights development and promotion, economic 

17 growth, transparency, governance, and innovation 

18 are provided to increase and promote access, includ19 ing technical or in-kind assistance; 

20 (4) promotes government-to-government diplo21 matic engagement on the issue; and 

22 (5) encourages public-private partnerships with 

23 United States telecommunications and innovation 

24 firms. 


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1 SEC. 415. TRANSITION INITIATIVES ACCOUNT. 

2 Section 494 of the Foreign Assistance Act of 1961 

3 is amended to read as follows: 

4 ‘‘SEC. 494. TRANSITION ASSISTANCE. 

5 ‘‘(a) IN GENERAL.—Notwithstanding any other pro6 vision of law, the Secretary of State is authorized to pro7 vide assistance to countries in crisis, or facing the immi8 nent threat of crisis, for the purpose of supporting transi9 tion to democracy and long-term development. 

10 ‘‘(b) PURPOSE OF ASSISTANCE.—Assistance under 

11 this section may include support for— 

12 ‘‘(1) the development, strengthening, or preser13 vation of democratic institutions and processes; 

14 ‘‘(2) the revitalization of basic infrastructure; 

15 and 

16 ‘‘(3) the peaceful resolution of conflict. 

17 ‘‘(c) REPORT.—Not later than 5 days before begin18 ning a new assistance program under this section, the Ad19 ministrator of the United States Agency for International 

20 Development shall submit a report to the Committee on 

21 Foreign Relations of the Senate and the Committee on 

22 Foreign Affairs of the House of Representatives that de23 scribes the new assistance program. 

24 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

25 ‘‘(1) IN GENERAL.—There is authorized to be 

26 appropriated to the President $50,000,000 to carry 


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1 out this section, which amount shall remain available 

2 until expended. 

3 ‘‘(2) ADDITIONAL ASSISTANCE.—In addition to 

4 any authority otherwise available to provide assist5 ance in furtherance of the purposes described in sub6 section (a), and in addition to amounts otherwise 

7 available to carry out this section, the Secretary may 

8 expend up to $15,000,000 of the amounts appro9 priated to carry out this part to carry out this sec10 tion if the Secretary determines that it is important 

11 to the national interests of the United States to pro12 vide transition assistance beyond the assistance pro13 vided with the amounts appropriated pursuant to 

14 paragraph (1).’’. 

15 SEC. 416. REPORT ON UNITED STATES GOVERNMENT HU16 MANITARIAN ASSISTANCE PROGRAMS. 

17 (a) PRESIDENTIAL REPORT.—Not later than 1 year 

18 after the date of the enactment of this Act, the President 

19 shall submit a report to the appropriate congressional 

20 committees on overseas United States Government hu21 manitarian assistance programs that contains— 

22 (1) a list of all United States Government de23 partments and agencies, including the Department 

24 of Defense, involved in implementing humanitarian 

25 assistance programs; 


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1 (2) a list of funding costs associated with each 

2 respective department and agency undertaking hu3 manitarian assistance programs, including the De4 partment of Defense; 

5 (3) a description of the scope, size, and compo6 nents of all humanitarian assistance programs for 

7 fiscal years 2010 and 2011; 

8 (4) an evaluation of the appropriate role of 

9 United States Government departments and agen10 cies, especially the coordination between United 

11 States civilian agencies and the United States mili12 tary in carrying out humanitarian assistance pro13 grams, including a discussion of— 

14 (A) obstacles to more effective humani15 tarian coordination between Combatant Com16 mands and civilian agencies within their respec17 tive areas of responsibility; 

18 (B) Department of Defense guidance and 

19 directives concerning foreign disaster relief op20 erations; 

21 (C) the extent to which the Department of 

22 Defense has previously supported United States 

23 foreign disaster relief operations; 

24 (D) the extent to which Combatant Com25 mands— 


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1 (i) included foreign disaster relief in 

2 their theater campaign plans; and 

3 (ii) developed contingency plans to re4 spond to foreign disasters, such as the 

5 2010 earthquake in Haiti; 

6 (E) the extent to which the Department of 

7 Defense and the Combatant Commands ensure 

8 relief efforts are coordinated by sharing their 

9 guidance, directives, and plans for foreign dis10 asters with other United States Government 

11 agencies, including— 

12 (i) the Office of Foreign Disaster As13 sistance of the United States Agency for 

14 International Development; 

15 (ii) the Department of State; 

16 (iii) nongovernmental agencies; and 

17 (iv) foreign partners; 

18 (F) mechanisms within the Combatant 

19 Commands to further collaborate with inter20 agency partners when responding to foreign dis21 asters; 

22 (G) the extent to which the Department of 

23 Defense has reviewed and assessed its foreign 

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1 duce duplication and overlap with the efforts of 

2 other United States Government agencies; and 

3 (H) structural or organizational improve4 ments, including system-wide humanitarian 

5 training for relevant military personnel, that 

6 would assist with more effective coordination; 

7 and 

8 (5) recommendations for legislative modifica9 tions, if any, to existing authorities relating to hu10 manitarian assistance programs. 

11 (b) GOVERNMENT ACCOUNTABILITY OFFICER RE12 PORT.—Not later than 18 months after the date of the 

13 enactment of this Act, the Comptroller General of the 

14 United States shall submit a report to the appropriate 

15 congressional committees that contains— 

16 (1) a review of, and comments addressing, how 

17 effectively the Department of Defense and the Com18 batant Commands undertake and coordinate human19 itarian assistance activities; and 

20 (2) recommendations for improving humani21 tarian coordination between the military and civilian 

22 agencies. 

23 SEC. 417. REPORT REPEALS. 

24 (a) ANNUAL REPORT ON FINANCIAL CONTRIBUTIONS

25 TO INTERNATIONAL ORGANIZATIONS.—Section 4(b) of the 


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1 United Nations Participation Act (22 U.S.C. 287b(b)) is 

2 repealed. 

3 (b) REPORT ON VISA ISSUANCE TO INADMISSIBLE

4 ALIENS.—Section 51(a) of the State Department Basic 

5 Authorities Act of 1956 (22 U.S.C. 2723(a)) is amend6 ed— 

7 (1) in paragraph (1), by striking ‘‘(1) DENIAL

8 OF VISAS.—’’; and 

9 (2) by striking paragraph (2). 

10 (c) FOREIGN ASSISTANCE ACT OF 1961 REPORTS.— 

11 The Foreign Assistance Act of 1961 (Public Law 87–195) 

12 is amended— 

13 (1) in section 133 (22 U.S.C. 2152c)— 

14 (A) by striking subsection (d); and 

15 (B) by redesignating subsection (e) as sub16 section (d); 

17 (2) in section 620C (22 U.S.C. 2373)— 

18 (A) by striking subsection (c); and 

19 (B) by redesignating subsections (d) and 

20 (e) as subsections (c) and (d), respectively; and 

21 (3) in section 620F (22 U.S.C. 2376), by strik22 ing subsection (c). 

23 (d) ANNUAL REPORTS ON SOVIET AND EASTERN EU24 ROPEAN TRAINING.—Section 807 of the Soviet-Eastern 


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1 European Research and Training Act of 1983 (22 U.S.C. 

2 4506) is repealed. 

3 (e) ANNUAL SEED PROGRAM REPORT.—Section 704 

4 of the Support for East European Democracy (SEED) 

5 Act of 1989 (Public Law 101–179) is repealed. 

6 (f) PLO COMMITMENTS COMPLIANCE REPORT.— 

7 Section 804(b) of the PLO Commitments Compliance Act 

8 of 1989 (Public Law 101–246) is repealed. 

9 (g) REPORT ON MIDDLE EAST ARMS TRANSFERS.— 

10 Section 404(c) of the Foreign Relations Authorization 

11 Act, Fiscal Years 1992 and 1993 (Public Law 102–138) 

12 is repealed. 

13 (h) ANNUAL REPORT ON ASSISTANCE FOR INDE14 PENDENT STATES OF FORMER SOVIET UNION.—Section 

15 104 of the FREEDOM Support Act (Public Law 102– 

16 511) is repealed. 

17 (i) ANNUAL REPORT ON VIOLATIONS OF TERRI18 TORIAL INTEGRITY IN FORMER SOVIET UNION.—Section 

19 560(g) of the Foreign Operations, Export Financing, and 

20 Related Programs Appropriations Act, 1994 (Public Law 

21 103–87) is amended by striking ‘‘: Provided further, That 

22 thirty days’’ and all that follows and inserting a period. 

23 (j) REPORTS ON PARTNERSHIP FOR PEACE INITIA24 TIVE AND OUTSTANDING EXPROPRIATIONS CLAIMS.— 

25 Title V of the Foreign Relations Authorization Act, Fiscal 


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1 Years 1994 and 1995 (Public Law 103–236) is amend2 ed— 

3 (1) in section 514, by striking subsection (a); 

4 and 

5 (2) in section 527— 

6 (A) by striking subsection (f); and 

7 (B) by redesignating subsections (g) and 

8 (h) as subsections (f) and (g), respectively. 

9 (k) REPORT ON MILITARY ACTIVITIES OF NORTH

10 KOREA.—Section 585 of the Foreign Operations, Export 

11 Financing, and Related Programs Appropriations Act, 

12 1997 (Public Law 104–208; 22 U.S.C. 2656 note) is re13 pealed. 

14 (l) REPORTS ON ACQUISITIONS AND UNITED NA15 TIONS POLICY ON ISRAEL.—The Admiral James W. 

16 Nance and Meg Donovan Foreign Relations Authorization 

17 Act, Fiscal Years 2000 and 2001 (as enacted by reference 

18 in section 1000(a)(7) of Public Law 106–113) is amend19 ed— 

20 (1) in section 605, by striking subsection (c); 

21 and 

22 (2) in section 721— 

23 (A) by striking subsection (c); 

24 (B) by redesignating subsection (d) as sub25 section (c); and 


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1 (C) in subsection (c), as redesignated, by 

2 striking ‘‘At the time of the submission of each 

3 annual report under subsection (c), the Sec4 retary’’ and inserting ‘‘The Secretary’’. 

5 (m) REPORT ON EXTRADITION OF NARCOTICS TRAF6 FICKERS.—Section 3203 of Public Law 106–246 is re7 pealed. 

8 (n) REPORT ON TERRORIST LOOKOUT COMMIT9 TEES.—Section 304 of the Enhanced Border Security and 

10 Visa Entry Reform Act of 2002 (Public 107–173) is 

11 amended— 

12 (1) by striking subsection (f); and 

13 (2) by redesignating subsection (g) as sub14 section (f). 

15 (o) OTHER REPORTS.— 

16 (1) REPORTS ON ACTIVITIES IN COLOMBIA AND

17 GERMAN FOUNDATION.—The Department of State 

18 Authorization Act, Fiscal Year 2003 (division A of 

19 Public Law 107–228) is amended— 

20 (A) by striking section 694; and 

21 (B) by striking section 704. 

22 (2) IMPLEMENTATION REPORT.—Section 1321 

23 of the Security Assistance Act of 2002 (division B 

24 of Public Law 107–228) is repealed. 


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1 (p) CHIEF OF MISSION STAFF ELEMENT RE2 PORTS.—Section 409(c) of the Department of State and 

3 Related Agency Appropriations Act, 2005 (Public Law 

4 108–447) is repealed. 

5 SEC. 418. WORKING CAPITAL FUND. 

6 (a) DEFINITIONS.—In this section: 

7 (1) ADMINISTRATOR.—The term ‘‘Adminis8 trator’’ means the Administrator of the United 

9 States Agency for International Development. 

10 (2) FUND.—The term ‘‘Fund’’ means the 

11 Working Capital Fund established pursuant to sub12 section (b). 

13 (3) LOCAL ENTITY.—The term ‘‘local entity’’ 

14 means an individual, a corporation, or another group 

15 of persons located, or having as its principal place 

16 of business or operations, in a country receiving as17 sistance from funds appropriated under title III. 

18 (4) USAID.—The term ‘‘USAID’’ means the 

19 United States Agency for International Develop20 ment. 

21 (b) ESTABLISHMENT.—The Administrator is author22 ized to establish a Working Capital Fund. 

23 (c) DEPOSITS.—Up to 1 percent of the total value 

24 of obligations entered into by USAID from appropriations 

25 available to USAID, and any appropriation made available 


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1 for the purpose of providing capital, may be deposited into 

2 the Fund during any fiscal year. Receipts from the dis3 posal of, or repayments for the loss or damage to, property 

4 held in the Fund, rebates, reimbursements, refunds and 

5 other credits applicable to the operation of the Fund may 

6 be deposited into the Fund. 

7 (d) USE OF FUNDS.—Amounts deposited into the 

8 Fund during any fiscal year shall be available, without fis9 cal year limitation in addition to other funds available for 

10 such purposes, for administrative costs resulting from 

11 agency implementation and procurement reform efforts, 

12 the administration of the Fund, and administrative contin13 gencies designated by the Administrator, including— 

14 (1) personal and nonpersonal services; 

15 (2) training; and 

16 (3) supplies. 

17 (e) TRANSFER.—At the close of each fiscal year, the 

18 Administrator shall transfer from the Fund to the General 

19 Fund of the Treasury— 

20 (1) amounts in excess of $100,000,000; and 

21 (2) such other amounts as the Administrator 

22 determines to be in excess of the needs of the Fund. 

23 (f) PROCUREMENT REFORM.— 

24 (1) LOCAL COMPETITION.—Subject to para25 graph (2), the Administrator may use amounts made 


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1 available under this Act or otherwise appropriated 

2 for the Department of State, Foreign Operations, 

3 and Related Programs, to award contracts or other 

4 instruments in which competition is limited to local 

5 entities. 

6 (2) LIMITATION.—Contracts and other instru7 ments awarded under paragraph (1) may not exceed 

8 $5,000,000. 

9 SEC. 419. RETENTION OF INTEREST EARNED ON ADVANCED 

10 FUNDS. 

11 Section 635 of the Foreign Assistance Act of 1961 

12 (22 U.S.C. 2395) is amended by adding at the end the 

13 following: 

14 ‘‘(n) The Administrator of the United States Agency 

15 for International Development may enter into agreements 

16 with international organizations that provide for the reten17 tion of interest earned on the advance of funds by such 

18 organizations.’’. 

19 SEC. 420. STATEMENT OF GLOBAL DEVELOPMENT POLICY. 

20 (a) FINDINGS.—Congress makes the following find21 ings: 

22 (1) Since 1,000,000,000 people worldwide live 

23 on less than $1 per day, the majority of whom are 

24 women, and an additional 1,600,000,000 people 

25 struggle to survive on less than $2 per day— 


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1 (A) United States development programs 

2 should continue to promote country-led solu3 tions to reduce poverty and eliminate extreme 

4 global poverty through sustainable economic 

5 growth; and 

6 (B) efforts described in subparagraph (A) 

7 should be consistent with the United Nations 

8 Millennium Development Goals, including a 50 

9 percent reduction between 1990 and 2015 in 

10 the proportion of people worldwide who live on 

11 less than $1 per day. 

12 (2) Integrating sustainable development into 

13 United States development assistance is an impor14 tant component of comprehensive and effective aid 

15 programs. 

16 (3) In 1987, the World Commission on Envi17 ronment and Development (the Brundtland Commis18 sion) published a report entitled Our Common Fu19 ture, which defined sustainable development as ‘‘de20 velopment that meets the needs of the present with21 out compromising the ability of future generations to 

22 meet their own needs’’. 

23 (4) Outcomes from the 1992 United Nations 

24 Conference on Environment and Development in Rio 

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1 ference or Earth Summit), the 2002 World Summit 

2 on Sustainable Development in Johannesburg, and 

3 the recent sessions of the Commission on Sustain4 able Development elevated public awareness on the 

5 need to integrate environmental priorities with devel6 opment objectives. 

7 (5) Actions that address the development chal8 lenges faced by vulnerable and impoverished devel9 oping nations should— 

10 (A) include focused attention on the sus11 tainability of the world’s natural resources; 

12 (B) balance environmental stewardship, 

13 economic development, and social development; 

14 (C) be informed by an assessment of the 

15 specific impacts on women and men at all 

16 stages of the development process; and 

17 (D) consider that developing countries rely 

18 on natural ecosystems and are likely to be af19 fected by climate change to a much greater de20 gree than developed countries, with women 

21 shouldering much of the burden given their 

22 prominent roles in fuel and food consumption 

23 and production. 

24 (6) Developing countries presently face and will 

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1 culture production because of climate change, which 

2 undermines food security in such countries. 

3 (7) Urbanization is a defining phenomenon of 

4 the 21st century. Approximately 51 percent of the 

5 world’s population lives in cities of various sizes pro6 ducing the majority of the world’s economic output. 

7 By 2030, an estimated 4,000,000,000 people will 

8 live in cities in the developing world and the number 

9 of people living in slums is estimated to double. 

10 Urban populations represent some of the most vul11 nerable populations to climate changes, but are ill12 equipped to address the challenges associated with 

13 climate change. 

14 (8) Public-private partnerships are an essential 

15 tool to advance our efforts in a range of critical 

16 areas. President Obama has called partnerships ‘‘a 

17 defining feature of our foreign policy’’ and a way to 

18 involve multiple stakeholders and to conduct our di19 plomacy directly with citizens around the world. The 

20 First Quadrennial Diplomacy and Development Re21 view states: ‘‘Private sector partners can add value 

22 to our missions . . . Their reach and influence con23 tinues to grow. So too must our efforts to connect 

24 with, build upon, and amplify their work to advance 

25 our common interests’’. 


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1 (9) Investing in innovation has the potential to 

2 solve long-standing development challenges by— 

3 (A) leveraging the power of research and 

4 development to help the United States increase 

5 investments in development-focused innovation; 

6 (B) capitalizing new models for innovation 

7 and bringing sustainable models to scale; 

8 (C) increasing the creation and utilization 

9 of science and technology by women and men in 

10 developing countries; and 

11 (D) removing impediments to innovation 

12 faced by the private sector. 

13 (10) Transparency is— 

14 (A) a prerequisite for development effec15 tiveness; and 

16 (B) fundamental to the success of better 

17 governance and enhanced development out18 comes in recipient countries. 

19 (11) The High Level Forum on Aid Effective20 ness in Busan, Republic of Korea, in November 

21 2011, represents a critical moment for donors— 

22 (A) to generate political will for elevating 

23 and maintaining development as an inter24 national priority in the face of a range of com25 peting international and domestic agendas; 


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1 (B) to modernize the aid delivery model to 

2 capitalize on new models of innovation and to 

3 scale up the development impact of aid inter4 ventions; 

5 (C) to assess commitments to improve the 

6 quality of aid made at previous forums in Paris 

7 and Accra; and 

8 (D) to establish a new consensus for a 

9 global development partnership that will im10 prove the effectiveness of the official aid sector 

11 and capture the different circumstances under 

12 which aid is currently delivered. 

13 (b) POLICY.—It is the policy of the United States to 

14 promote broad-based, sustainable global development, re15 duce poverty, and eliminate extreme global poverty by— 

16 (1) maximizing good development principles and 

17 key reforms, including— 

18 (A) increasing efficiencies by eliminating 

19 wasteful regulations and demanding clear re20 sults, demonstrated by consistent evaluation; 

21 (B) prioritizing accountability with clear 

22 objectives, improved coordination with other do23 nors and stakeholders, increased transparency, 

24 and more effective and meaningful monitoring 


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1 and evaluation, including attention to gender 

2 relations in all relevant areas; 

3 (C) incorporating local priorities and policy 

4 reforms that will reflect developing country pri5 orities, including through the meaningful en6 gagement of local civil society; 

7 (D) ensuring that gender equality and 

8 analyses of impact by gender are incorporated 

9 and operationalized throughout programs at all 

10 stages of the program cycle; 

11 (E) maintaining distinctions between diplo12 macy and development, recognizing that each 

13 harbors different objectives, timelines, and pri14 orities; 

15 (F) reducing the footprint of the Depart16 ment of Defense in post-conflict reconstruction, 

17 stability, and development aid so that the De18 partment can focus its resources and expertise 

19 on it primary mission; and 

20 (G) supporting a strong, empowered 

21 United States Agency for International Devel22 opment that can effectively address 21st cen23 tury challenges and priorities; 

24 (2) supporting and integrating principles of 

25 sustainable development, including— 


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1 (A) integrating the current and predicted 

2 impacts of climate change, based on sound 

3 science; 

4 (B) ensuring that these principles, which 

5 balance social, economic, and environmental 

6 concerns, are mainstreamed into economic mod7 els, decision-making mechanisms, and spatial 

8 planning; 

9 (C) recognizing that climate change is— 

10 (i) currently a serious challenge and 

11 threat in many parts of the world; 

12 (ii) a potentially significant national 

13 and global security threat multiplier that is 

14 likely to exacerbate economic and social in15 equality and increase competition and con16 flict over agricultural, vegetative, marine, 

17 and water resources; and 

18 (iii) will likely result in increased dis19 placement of people, especially women and 

20 children, in addition to poverty and hunger 

21 within developing countries; 

22 (D) assessing— 

23 (i) the progress made to date and the 

24 remaining gaps in the implementation of 


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1 the outcomes of the major summits on sus2 tainable development; 

3 (ii) the manner with which new and 

4 emerging challenges are addressed; and 

5 (iii) the renewal of the United States 

6 Government’s political commitment to sus7 tainable development in upcoming inter8 national conferences; 

9 (E) strengthening mechanisms to monitor 

10 critical resources in order to— 

11 (i) ensure resource sustainability for 

12 future generations; and 

13 (ii) adjust present activities accord14 ingly; and 

15 (F) recognizing that sustainable develop16 ment efforts must incorporate a strong urban 

17 lens to help cities— 

18 (i) increase their resilience; 

19 (ii) enact sustainable urban develop20 ment policies and programs; and 

21 (iii) prepare for numerous develop22 mental, environmental, and climate change 

23 challenges; 

24 (3) expanding public-private sector partnerships 

25 and leveraging private sector resources, including— 


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1 (A) streamlining the process for developing 

2 public-private partnerships and establishing a 

3 coordinated approach among all United States 

4 departments and agencies undertaking develop5 ment programs and activities; 

6 (B) emphasizing alliances and coalitions by 

7 bringing together a wide range of global part8 ners around a common partnership mission; 

9 (C) enhancing training and incentives by— 

10 (i) creating a training module in part11 nership development; 

12 (ii) building appropriate incentive 

13 structures that reward partnership cre14 ation; and 

15 (iii) hiring external partnership ex16 perts to build United States Government 

17 institutional expertise; and 

18 (D) pursuing a range of innovative part19 nerships, including connecting to State, local 

20 government officials and diaspora communities 

21 in the United States and throughout the 

22 world— 

23 (i) to share best practices; 

24 (ii) to provide technical assistance; 

25 and 


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1 (iii) to promote cooperation on shared 

2 challenges; 

3 (4) investing in innovation, including sup4 porting and accelerating programs and mechanisms 

5 at the United States Agency for International Devel6 opment (USAID), such as the Development Innova7 tion Ventures, which enable USAID to work with 

8 partners to identify, test, and scale evidence-based 

9 development solutions that can significantly improve 

10 outcomes; and 

11 (5) enhancing transparency by— 

12 (A) publishing detailed information on 

13 United States Government humanitarian and 

14 development assistance that is timely, acces15 sible, comprehensive, and comparable; 

16 (B) providing comprehensive program level 

17 detail on a publicly accessible Web site by ex18 panding the Foreign Assistance Dashboard; and 

19 (C) ensuring that United States Govern20 ment assistance is reflected on partner coun21 tries’ formal budgeting systems, to the extent 

22 possible, by establishing— 

23 (i) a baseline by September 30, 2011, 

24 that identifies the percentage of all United 

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1 sistance that is on-budget and the percent2 age that is off-budget; and 

3 (ii) consistent guidelines for United 

4 States agencies to follow to determine 

5 when the funding for humanitarian and de6 velopment assistance is on-budget or off7 budget. 

8 SEC. 421. USAID MISSIONS. 

9 Any decision to open a new USAID mission or office 

10 or close or significantly reduce the number of personnel 

11 of any such mission or office shall be subject to the regular 

12 notification procedures of the appropriate congressional 

13 committees unless there is a substantial security risk to 

14 mission personnel. 

15 SEC. 422. MONITORING AND EVALUATION OF UNITED 

16 STATES FOREIGN ASSISTANCE. 

17 (a) IN GENERAL.—The President shall develop and 

18 implement a rigorous system to evaluate the effectiveness 

19 and efficiency of United States foreign assistance. 

20 (b) COMPONENTS OF SYSTEM.—In order to avoid du21 plication, ensure comprehensive coverage, credibility, 

22 unbiasedness, transparency, the generation of high quality 

23 information and knowledge, and to facilitate comparability 

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1 dence, the system required under subsection (a) shall in2 clude— 

3 (1) a method of coordinating evaluation activi4 ties among all Executive agencies carrying out 

5 United States foreign assistance; and 

6 (2) a process for consulting with relevant stake7 holders and subject matter experts, as appropriate, 

8 on the planning, design, and implementation of eval9 uation activities and the dissemination of evaluation 

10 findings. 

11 (c) REQUIRED ACTIONS.—In carrying out subsection 

12 (a), the President shall ensure that the head of each Exec13 utive agency takes the following actions with regard to 

14 United States foreign assistance carried out by that agen15 cy: 

16 (1) Establish measurable and meaningful per17 formance objectives, including disaggregation by sex, 

18 as appropriate. 

19 (2) Establish criteria for the selection of pro20 grams, projects, and activities to be subject to var21 ious evaluation methodologies, with a particular em22 phasis on impact evaluation. 

23 (3) Establish or designate an organizational 

24 unit with adequate staff and resources to oversee 


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1 and provide technical support for evaluation activi2 ties. 

3 (4) Develop a plan for improving the capacity 

4 of the agency to conduct rigorous, relevant, and ob5 jective program monitoring and evaluation, includ6 ing— 

7 (A) by providing relevant education and 

8 training opportunities; 

9 (B) by encouraging the adoption of im10 proved methodologies for data collection and 

11 analysis; and 

12 (C) by ensuring that best practices are 

13 shared within and between agencies. 

14 (5) Establish guidelines for enhancing, in co15 operation with other donors, the capacity of partner 

16 countries to monitor the use of and evaluate the im17 pact of donor assistance. 

18 (6) Establish a process for applying the find19 ings and results of monitoring and evaluation activi20 ties, including impact evaluation research, into fu21 ture program planning, budgeting, design, and im22 plementation. 

23 (7) Establish a policy for the publication of pro24 gram evaluations. 


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1 (8) Develop, in consultation with relevant stake2 holders, an annual evaluation plan that describes 

3 how the agency will meet the requirements under 

4 this section. 

5 (9) Identify the source or mechanism of funding 

6 to conduct monitoring and evaluation of United 

7 States foreign assistance carried out by such agency. 

8 (d) SUBMISSION OF EVALUATION PLANS.—The 

9 President shall ensure that the evaluation plans required 

10 under subsection (c)(8)— 

11 (1) are submitted annually to the appropriate 

12 congressional committees with the annual budget 

13 presentation; and 

14 (2) are published on a Government Web site. 

15 (e) LOCAL PERFORMANCE.—To the extent feasible 

16 and appropriate, evaluation activities carried out pursuant 

17 to the requirements under this section shall be carried out 

18 by, or with the participation of, organizations in the part19 ner country. 

20 (f) DEFINITIONS.—In this section: 

21 (1) APPROPRIATE CONGRESSIONAL COMMIT22 TEES.—The term ‘‘appropriate congressional com23 mittees’’ means the Committee on Foreign Affairs 

24 and the Committee on Appropriations of the House 

25 of Representatives, and the Committee on Foreign 


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1 Relations and the Committee on Appropriations of 

2 the Senate. 

3 (2) EVALUATION.—The term ‘‘evaluation’’ 

4 means the systematic and objective determination 

5 and assessment of the design, implementation, and 

6 results of an ongoing or completed program, project, 

7 or activity, including an explanation of the reasons 

8 or causes for the observed results. 

9 (3) EXECUTIVE AGENCY.—The term ‘‘Executive 

10 agency’’ has the meaning given the term in section 

11 105 of title 5, United States Code. 

12 (4) IMPACT.—The term ‘‘impact’’ means a 

13 long-term effect of a program, project, or activity, 

14 whether positive or negative, direct or indirect, in15 tended or unintended. 

16 (5) IMPACT EVALUATION RESEARCH.—The 

17 term ‘‘impact evaluation research’’ means the appli18 cation of research methods and statistical analysis to 

19 measure the extent to which an impact can be at20 tributed to a United States foreign assistance pro21 gram, project, or activity rather than to other fac22 tors. 

23 (6) PARTNER COUNTRY.—The term ‘‘partner 

24 country’’ means a country that is a current or 


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1 planned recipient of United States foreign assist2 ance. 

3 (7) RELEVANT STAKEHOLDER.—The term ‘‘rel4 evant stakeholder’’ means a party that is involved in 

5 funding, designing or implementing a program being 

6 monitored or evaluated. 

7 (8) UNITED STATES FOREIGN ASSISTANCE.— 

8 The term ‘‘United States foreign assistance’’ means 

9 assistance under this Act, the Foreign Assistance 

10 Act of 1961, or related appropriations Acts. 

11 SEC. 423. NATIONAL ACTION PLAN ON WOMEN, PEACE AND 

12 SECURITY . 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) United Nations Security Council Resolution 

16 1325 and subsequent Resolutions 1880, 1888, 1889, 

17 and 1960 reaffirm the critical role of women in the 

18 prevention and resolution of conflicts, including in— 

19 (A) peace negotiations; 

20 (B) peacekeeping and peace-building ef21 forts; 

22 (C) humanitarian response; and 

23 (D) post-conflict reconstruction; 

24 (2) On October 26, 2010, at remarks on the oc25 casion of the Tenth Anniversary of United Nations 


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1 Security Council Resolution 1325 on Women, Peace, 

2 and Security, the Secretary of State announced the 

3 United States commitment to develop a United 

4 States National Action Plan to accelerate the imple5 mentation of Resolution 1325. 

6 (b) NATIONAL ACTION PLAN.—The President shall 

7 coordinate with executive branch agencies to draft a 

8 United States National Action Plan that seeks to ensure 

9 that the United States effectively promotes and supports 

10 the rights and roles of women in conflict-affected and 

11 post-conflict regions through clear, measurable commit12 ments— 

13 (1) to promote the active and meaningful par14 ticipation of women in affected areas in all aspects 

15 of conflict prevention, management, and resolution; 

16 (2) to integrate the perspectives and interests 

17 of affected women into conflict-prevention activities 

18 and strategies; 

19 (3) to promote the physical safety, economic se20 curity, and dignity of women and girls; 

21 (4) to support women’s equal access to aid dis22 tribution mechanisms and services; and 

23 (5) to monitor, analyze, and evaluate implemen24 tation efforts and their impact. 


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1 (c) CONGRESSIONAL NOTIFICATION AND BRIEF2 ING.—Upon the completion of the National Action Plan, 

3 the President shall notify Congress, and brief the leader4 ship and relevant committees of Congress, regarding the 

5 precise commitments and implementation plan. 

6 TITLE V—PEACE CORPS 

7 IMPROVEMENT AND EXPANSION 

8 SEC. 501. SHORT TITLE. 

9 This title may be cited as the ‘‘Peace Corps Improve10 ment and Expansion Act of 2011’’. 

11 SEC. 502. FINDINGS. 

12 Congress makes the following findings: 

13 (1) Firmly established beliefs of the Peace 

14 Corps include the following: 

15 (A) The act of volunteering has inherent 

16 value. 

17 (B) The foreign policy goals of the United 

18 States are advanced by— 

19 (i) contributing to the reduction of 

20 poverty; and 

21 (ii) fostering international under22 standing. 

23 (2) More than 200,000 volunteers have ably 

24 served in the Peace Corps in 139 countries by— 


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1 (A) working towards economic and social 

2 development; and 

3 (B) promoting a better understanding of— 

4 (i) the people of the United States on 

5 the part of the peoples served; and 

6 (ii) other peoples on the part of the 

7 people of the United States. 

8 (3) Today, the importance and necessity is 

9 greater than ever for the Peace Corps— 

10 (A) to promote global economic and social 

11 development; 

12 (B) to promote understanding and friend13 ship; and 

14 (C) to foster collaboration with inter15 national nongovernmental organizations. 

16 (4) Since 1961, a bipartisan succession of 

17 Presidents and Congresses have endorsed the expan18 sion of the Peace Corps in order— 

19 (A) to meet requests from countries to in20 crease the size of the Peace Corps programs in 

21 their countries; 

22 (B) to initiate Peace Corps programs in 

23 countries where the Peace Corps does not cur24 rently operate; 


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1 (C) to provide more opportunities for the 

2 people of the United States to engage in volun3 teer service abroad; and 

4 (D) to renew dormant Peace Corps pro5 grams. 

6 (5) The purpose of the Peace Corps, as de7 clared by section 2(a) of the Peace Corps Act (22 

8 U.S.C. 2501(a)), is to promote world peace and 

9 friendship by helping— 

10 (A) the people of interested countries in 

11 meeting their needs for trained men and 

12 women, particularly in meeting the basic needs 

13 of those living in the poorest areas of such 

14 countries; 

15 (B) to promote a better understanding of 

16 people of the United States on the part of the 

17 peoples served; and 

18 (C) to promote a better understanding of 

19 other peoples on the part of the people of the 

20 United States. 

21 SEC. 503. REPORT ON THE IMPLEMENTATION OF THE 

22 PEACE CORPS COMPREHENSIVE AGENCY AS23 SESSMENT. 

24 (a) IN GENERAL.—Not later than 1 year after the 

25 date of the enactment of this Act, the Director of the 


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1 Peace Corps shall submit a report to the appropriate con2 gressional committees that includes— 

3 (1) the progress made toward implementing the 

4 recommendations of the Peace Corps Comprehensive 

5 Agency Assessment of 2010; and 

6 (2) the impact of the Portfolio Review on the 

7 current and planned distribution of Peace Corps vol8 unteers throughout the world. 

9 (b) APPROPRIATE CONGRESSIONAL COMMITTEES

10 DEFINED.—In this section, the term ‘‘appropriate con11 gressional committees’’ means— 

12 (1) the Committee on Foreign Relations of the 

13 Senate; 

14 (2) the Committee on Appropriations of the 

15 Senate; 

16 (3) the Committee on Foreign Affairs of the 

17 House of Representatives; and 

18 (4) the Committee on Appropriations of the 

19 House of Representatives. 

20 SEC. 504. PERSONAL SERVICES CONTRACTORS. 

21 Section 10(a)(5) of the Peace Corps Act (22 U.S.C. 

22 2509(a)(5)) is amended by striking ‘‘for any purpose’’ and 

23 inserting ‘‘for the purposes of any law administered by the 

24 Office of Personnel Management’’. 


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1 TITLE VI—R.M.S. TITANIC MARI2 TIME MEMORIAL PRESERVA3 TION ACT 

4 SEC. 601. SHORT TITLE. 

5 This title may be cited as the ‘‘R.M.S. Titanic Mari6 time Memorial Preservation Act of 2011’’. 

7 SEC. 602. FINDINGS AND PURPOSES. 

8 Section 2 of the R.M.S. Titanic Maritime Memorial 

9 Act of 1986 (16 U.S.C. 450rr) is amended— 

10 (1) in subsection (a)— 

11 (A) in paragraph (1), by striking ‘‘should 

12 be designated’’ and inserting ‘‘is recognized’’; 

13 (B) in paragraph (2), by striking ‘‘recent’’; 

14 (C) in paragraph (3), by striking ‘‘and’’ at 

15 the end; 

16 (D) in paragraph (4), by striking the pe17 riod at the end and inserting a semicolon; and 

18 (E) by adding after paragraph (4) the fol19 lowing: 

20 ‘‘(5) the Secretary of Commerce, through the 

21 National Oceanic and Atmospheric Administration’s 

22 National Marine Sanctuary Program, and in con23 sultation with the Secretary of State, other inter24 ested Federal agencies, academic and research insti25 tutions, the public, the United Kingdom, France, 


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1 and Canada, issued Final Guidelines for Research, 

2 Exploration, and Salvage of R.M.S. Titanic on April 

3 12, 2001 (66 Fed. Reg. 18905), as directed under 

4 section 5; and 

5 ‘‘(6) the Secretary of State, in consultation with 

6 the Secretary of Commerce, negotiated the Inter7 national Agreement with the United Kingdom, 

8 France, and Canada pursuant to section 6, which 

9 was signed on June 18, 2004, subject to acceptance 

10 by the United States.’’; and 

11 (2) by amending subsection (b) to read as fol12 lows: 

13 ‘‘(b) PURPOSE.—The purposes of this Act are— 

14 ‘‘(1) to ensure the protection of R.M.S. Titanic 

15 and its wreck site as— 

16 ‘‘(A) an international maritime memorial 

17 and grave site to those aboard the ship who 

18 perished in 1912; and 

19 ‘‘(B) a site of unique scientific, archeo20 logical, cultural, and historical significance for 

21 present and future generations; 

22 ‘‘(2) to ensure that the planning and conduct of 

23 any activities directed at R.M.S. Titanic and its 

24 wreck site are consistent with applicable law, includ25 ing the International Agreement; and 


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1 ‘‘(3) to call upon the Secretary of State to en2 courage other interested nations, especially nations 

3 with the technological capability to access R.M.S. Ti4 tanic and its wreck site, to consent to be bound by 

5 the International Agreement.’’. 

6 SEC. 603. DEFINITIONS. 

7 Section 3 of the R.M.S. Titanic Maritime Memorial 

8 Act of 1986 (16 U.S.C. 450rr–1) is amended to read as 

9 follows: 

10 ‘‘SEC. 3. DEFINITIONS. 

11 ‘‘In this Act— 

12 ‘‘(1) the term ‘collection’ means each grouping 

13 of R.M.S. Titanic property, other than human re14 mains, that results from recovery activities after 

15 September 1, 1985, at the wreck site of R.M.S. Ti16 tanic authorized by— 

17 ‘‘(A) an order of a United States court of 

18 competent jurisdiction; 

19 ‘‘(B) a permit granted by the Secretary of 

20 Commerce under section 7; or 

21 ‘‘(C) an order of a court or tribunal (in22 cluding any administrative body, Office of Mari23 time Affairs, or Receiver of Wreck) of com24 petent jurisdiction of the United Kingdom, 


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1 France, or Canada, or of a state party to the 

2 International Agreement; 

3 ‘‘(2) the term ‘import’ means to bring into, or 

4 introduce into, or attempt to bring into or introduce 

5 into, the United States, including its territories and 

6 insular possessions, and the territorial sea of the 

7 United States (as defined in Presidential Proclama8 tion 5928, issued December 27, 1988); 

9 ‘‘(3) the term ‘International Agreement’ means 

10 the Agreement concerning the Shipwrecked Vessel 

11 RMS Titanic; 

12 ‘‘(4) the term ‘Person’ means any individual 

13 (whether or not a citizen or national of the United 

14 States), any corporation, partnership, association, or 

15 other entity (whether or not organized or existing 

16 under the laws of any State), and any Federal, 

17 State, local, or foreign government or any entity of 

18 any such government; 

19 ‘‘(5) the term ‘R.M.S. Titanic property’ in20 cludes— 

21 ‘‘(A) the shipwrecked vessel R.M.S. Ti22 tanic; 

23 ‘‘(B) the cargo of R.M.S. Titanic, any 

24 other contents from the ship, or any associated 


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1 items scattered on the ocean floor in the vicin2 ity of the ship, or any portion of the ship; 

3 ‘‘(C) all such property recovered from the 

4 wreck site since September 1, 1985; and 

5 ‘‘(D) any human remains of those aboard 

6 R.M.S. Titanic who perished; 

7 ‘‘(6) the term ‘Rules’ means the ‘Rules Con8 cerning Activities Aimed at the RMS Titanic and/or 

9 its Artifacts’ contained in the Annex to the Inter10 national Agreement; and 

11 ‘‘(7) the term ‘United States waters’ means all 

12 waters of the United States on the landward side of 

13 the baseline from which the breadth of the United 

14 States territorial sea is measured, and the waters of 

15 the United States territorial sea as described in 

16 Presidential Proclamation 5928, dated December 27, 

17 1988.’’. 

18 SEC. 604. IMPLEMENTATION OF THE INTERNATIONAL 

19 AGREEMENT. 

20 The R.M.S. Titanic Maritime Memorial Act of 1986 

21 (16 U.S.C. 450rr et seq.) is amended— 

22 (1) by striking sections 5, 6, and 7; 

23 (2) by redesignating section 8 as section 20; 

24 and 

25 (3) by inserting after section 4 the following: 


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1 ‘‘SEC. 5. SCOPE AND APPLICABILITY. 

2 ‘‘(a) IN GENERAL.—This Act shall apply to— 

3 ‘‘(1) any person subject to the jurisdiction of 

4 the United States at the time that such person en5 gages in an activity prohibited under section 6; 

6 ‘‘(2) any vessel of the United States, includ7 ing— 

8 ‘‘(A) a vessel documented under chapter 

9 121 of title 46, United States Code, or vessels 

10 numbered as provided under chapter 123 of 

11 such title; 

12 ‘‘(B) a vessel (other than a vessel that has 

13 been granted the nationality of a foreign nation 

14 in accordance with article 5 of the Convention 

15 on the High Seas, done at Geneva on April 29, 

16 1958, and article 91 of the 1982 Convention on 

17 the Law of the Sea, signed at Montego Bay, 

18 Jamaica on December 10, 1982, if a claim of 

19 nationality or registry for the vessel is made by 

20 the master or individual in charge at the time 

21 of the action by an officer or employee of the 

22 United States authorized to enforce applicable 

23 provisions of United States law) owned in whole 

24 or part by— 


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1 ‘‘(i) the United States or a territory, 

2 commonwealth, or possession of the United 

3 States and used on commercial service; 

4 ‘‘(ii) a State or a political subdivision 

5 of a State and used on commercial service; 

6 ‘‘(iii) a citizen or national of the 

7 United States; or 

8 ‘‘(iv) a corporation created under the 

9 laws of the United States, any State, the 

10 District of Columbia, or any territory, 

11 commonwealth, or possession of the United 

12 States; and 

13 ‘‘(C) a vessel that was once documented 

14 under the laws of the United States and, in vio15 lation of the laws of the United States, was— 

16 ‘‘(i) sold to a person that is not a cit17 izen of the United States; or 

18 ‘‘(ii) placed under foreign registry or 

19 a foreign flag, whether or not the vessel 

20 has been granted the nationality of a for21 eign nation; 

22 ‘‘(3) any vessel subject to the jurisdiction of the 

23 United States including— 

24 ‘‘(A) a vessel without nationality; 


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1 ‘‘(B) a vessel assimilated to a vessel with2 out nationality, in accordance with paragraph 

3 (2) of article 6 of the Convention on the High 

4 Seas, done at Geneva on April 29, 1958, or ar5 ticle 91 of the Convention on the Law of the 

6 Sea, signed at Montego Bay, Jamaica on De7 cember 10, 1982; 

8 ‘‘(C) a vessel registered in a foreign nation 

9 if— 

10 ‘‘(i) the flag nation has consented to, 

11 or waived objection to, the enforcement of 

12 United States law by the United States; 

13 and 

14 ‘‘(ii) such consent or waiver— 

15 ‘‘(I) was obtained by radio, tele16 phone, or similar oral or electronic 

17 means; and 

18 ‘‘(II) is conclusively proved by 

19 certification of the Secretary of State 

20 or the Secretary’s designee; 

21 ‘‘(D) a vessel located within the customs 

22 waters of the United States; and 

23 ‘‘(E) a vessel located in the contiguous 

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1 dential Proclamation 7219, issued on Sep2 tember 2, 1999) that— 

3 ‘‘(i) is entering United States waters; 

4 ‘‘(ii) has departed United States 

5 waters; or 

6 ‘‘(iii) is a hovering vessel (as defined 

7 in section 401 of the Tariff Act of 1930 

8 (19 U.S.C. 1401)); and 

9 ‘‘(4) any property made forfeitable under sec10 tion 11. 

11 ‘‘(b) VESSEL WITHOUT NATIONALITY.— 

12 ‘‘(1) IN GENERAL.—In this Act, a vessel with13 out nationality includes— 

14 ‘‘(A) a vessel aboard which the master or 

15 person in charge makes a claim of registry, 

16 which claim is denied by the flag nation whose 

17 registry is claimed; 

18 ‘‘(B) a vessel aboard which the master or 

19 person in charge fails, upon request of an offi20 cer of the United States empowered to enforce 

21 applicable provisions of United States law, to 

22 make a claim of nationality or registry for that 

23 vessel; and 

24 ‘‘(C) a vessel aboard which the master or 

25 person in charge makes a claim of registry and 


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1 the claimed nation of registry does not affirma2 tively and unequivocally assert that the vessel is 

3 of its nationality. 

4 ‘‘(2) VERIFICATION OR DENIAL.—A claim of 

5 registry under subparagraph (A) or (C) of para6 graph (1) may be verified or denied by radio, tele7 phone, or similar oral or electronic means. The re8 sponse by the claimed flag nation is conclusively 

9 proved by certification of the Secretary of State or 

10 the Secretary’s designee. 

11 ‘‘(c) CLAIM OF NATIONALITY OR REGISTRY.—In this 

12 Act, a claim of nationality or registry is limited to— 

13 ‘‘(1) possession on board the vessel and produc14 tion of documents evidencing the vessel’s nationality 

15 in accordance with article 5 of the Convention on the 

16 High Seas, done at Geneva on April 29, 1958, and 

17 article 91 of the Convention on the Law of the Sea, 

18 signed at Montego Bay, Jamaica on December 10, 

19 1982; 

20 ‘‘(2) flying the flag nation’s ensign or flag; or 

21 ‘‘(3) a verbal claim of nationality or registry by 

22 the master or person in charge of the vessel. 

23 ‘‘(d) APPLICABILITY.—This Act shall not apply to— 

24 ‘‘(1) warships; 

25 ‘‘(2) naval auxiliaries; 


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1 ‘‘(3) other vessels— 

2 ‘‘(A) owned or operated by the United 

3 States; and 

4 ‘‘(B) used only for government non5 commercial service, unless the vessel engages in 

6 an activity designed to disturb, remove, or in7 jure R.M.S. Titanic property; or 

8 ‘‘(4) any person on board a vessel described in 

9 paragraph (1) who is acting in the course of such 

10 person’s duties, unless such person engages in an ac11 tivity designed to disturb, remove, or injure R.M.S. 

12 Titanic property. 

13 ‘‘SEC. 6. PROHIBITIONS. 

14 ‘‘Except as authorized under section 7, it is unlawful 

15 for any person or vessel described in section 5 to— 

16 ‘‘(1) engage in any activity that disturbs, re17 moves, or injures, or attempts to disturb, remove, or 

18 injure, R.M.S. Titanic property; 

19 ‘‘(2) engage in any activity directed at R.M.S. 

20 Titanic property located at the wreck site that poses 

21 a significant threat to public safety; 

22 ‘‘(3) engage in any activity that violates any 

23 provision of this Act, or any regulation or permit 

24 issued under this Act, or any provision of the Rules; 


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1 ‘‘(4) sell, purchase, barter, import, export, or 

2 offer to sell, purchase, barter, import, export, in 

3 interstate or foreign commerce, R.M.S. Titanic prop4 erty not constituting a collection; or 

5 ‘‘(5) enter, or cause entry by means of any 

6 equipment, instrumentality, or other property, into 

7 the hull sections of R.M.S. Titanic. 

8 ‘‘SEC. 7. PERMITS. 

9 ‘‘(a) IN GENERAL.—The Secretary of Commerce may 

10 issue a permit for an activity otherwise prohibited under 

11 section 6 if the Secretary determines that such activity— 

12 ‘‘(1) is consistent with the International Agree13 ment and Rules; and 

14 ‘‘(2)(A) furthers educational, scientific, or cul15 tural purposes in the public interest; or 

16 ‘‘(B) is necessary to protect R.M.S. Titanic 

17 property from a significant threat. 

18 ‘‘(b) APPLICABILITY.—This section shall apply to any 

19 activities directed at R.M.S. Titanic property, including 

20 those authorized before the effective date of this Act by 

21 a court of competent jurisdiction. 

22 ‘‘(c) NOTICE.—Any vessel described in paragraph (2) 

23 or (3) of section 5(a) that intends to stop within the zone 

24 located within the coordinates of 41°46′00.036588′′ N, 

25 049°53′09.391344′′ W (Northeast corner); 


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1 41°46′00.036588′′ N, 049°59′51.08136′′ W (Northwest 

2 corner); 41°41′00.24864′′ N, 049°53′09.391344′′ W 

3 (Southeast corner); 41°41′00.24864′′ N, 

4 049°59′51.08136′′ W (Southwest corner) shall, through 

5 its owner or agent, provide prior written notice of the tim6 ing and purpose of such intended entry to the Secretary 

7 of Commerce in a manner sufficient to allow the Secretary 

8 to determine whether a permit is required and whether 

9 a permit should be granted. 

10 ‘‘(d) TERMS AND CONDITIONS.—Any permit issued 

11 by the Secretary of Commerce under this section shall con12 tain terms and conditions that fully comply with the Rules. 

13 ‘‘(e) FEES.—The Secretary of Commerce may charge 

14 and retain reasonable fees to offset expenses associated 

15 with the processing of permit applications and the admin16 istration of permits issued under this section. Fees col17 lected under this subsection shall be available to cover 

18 such costs without further appropriation and shall remain 

19 available until expended. 

20 ‘‘(f) DEADLINES.— 

21 ‘‘(1) IN GENERAL.—Except as provided under 

22 paragraph (2), the Secretary of Commerce shall act 

23 on an application for a permit under this section not 

24 later than 180 days after the date on which the Sec25 retary has determined that the application contains 


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1 sufficient information for the Secretary to make a 

2 decision on the application. 

3 ‘‘(2) ADDITIONAL TIME.—If the Secretary is 

4 unable to comply with the deadline under paragraph 

5 (1), the Secretary shall provide the applicant with 

6 written notification that up to an additional 30 days 

7 will be needed to complete the review. Under no cir8 cumstances may a complete application remain 

9 pending for more than 210 days. 

10 ‘‘(3) RULEMAKING.—The Secretary shall pro11 mulgate regulations to— 

12 ‘‘(A) identify the scientific, technical, 

13 logistical, or other documentation or justifica14 tion required for the Secretary to make a deci15 sion on the application for permit; and 

16 ‘‘(B) ensure the confidentiality of propri17 etary information and data submitted under 

18 this section. 

19 ‘‘SEC. 8. LIABILITY. 

20 ‘‘(a) LIABILITY TO THE UNITED STATES.—Any per21 son who engages in an activity prohibited under section 

22 6 is liable for response costs, direct and indirect enforce23 ment costs, and any damages resulting from such activity, 

24 including— 


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1 ‘‘(1) the reasonable costs incurred in storage, 

2 restoration, care, maintenance, conservation, and 

3 curation of R.M.S. Titanic property; and 

4 ‘‘(2) the cost of retrieving any remaining infor5 mation of a scientific, archeological, cultural, or his6 torical interest from the site at which R.M.S. Titanic 

7 property was disturbed, removed, or injured. 

8 ‘‘(b) LIABILITY IN REM.—Any vessel (including the 

9 vessel’s gear, appurtenances, stores, and cargo), vehicle, 

10 aircraft, or other means of transportation, and any money 

11 or property used, or intended to be used, to facilitate any 

12 violation of this Act or any regulation or permit issued 

13 under this Act, shall be liable in rem to the United States 

14 for any fine, penalty, or damages assessed or imposed 

15 under this Act. The amount of such in rem liability shall 

16 constitute a lien and may be recovered in an action in rem 

17 in an appropriate district court of the United States. 

18 ‘‘SEC. 9. CIVIL ENFORCEMENT. 

19 ‘‘(a) PERMIT SANCTION AND CIVIL ADMINISTRATIVE

20 PENALTY.— 

21 ‘‘(1) IN GENERAL.—Any person who violates 

22 any provision of this Act, or any regulation or per23 mit issued under this Act— 

24 ‘‘(A) may be subject to a permit sanction; 

25 and 


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1 ‘‘(B) may be assessed a civil administrative 

2 penalty by the Secretary of Commerce after no3 tice and an opportunity for a hearing. 

4 ‘‘(2) AMOUNT OF PENALTY.—A penalty as5 sessed under paragraph (1)(B) may not exceed 

6 $250,000 per day for each such violation. Each day 

7 of a continuing violation shall constitute a separate 

8 violation. 

9 ‘‘(3) ENFORCEMENT OF PENALTY.—Upon fail10 ure of the offending party to pay a penalty under 

11 this subsection, the Attorney General, upon the re12 quest of the Secretary of Commerce, may commence 

13 an action in the appropriate district court of the 

14 United States to recover such penalty. In such ac15 tion, the validity and appropriateness of the final 

16 order imposing the civil administrative penalty shall 

17 not be subject to review. 

18 ‘‘(b) CIVIL JUDICIAL PENALTY.— 

19 ‘‘(1) IN GENERAL.—Any person who violates 

20 any provision of this Act, or any regulation or per21 mit issued under this Act, shall be subject to a civil 

22 penalty not to exceed $500,000 per day for each 

23 such violation. Each day of a continuing violation 

24 shall constitute a separate violation. 


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1 ‘‘(2) ENFORCEMENT OF PENALTY.—Upon the 

2 request of the Secretary of Commerce, the Attorney 

3 General may commence a civil action in an appro4 priate district court of the United States. Such court 

5 shall have jurisdiction to award civil penalties. In de6 termining the amount of a civil penalty, the court 

7 may consider such matters as justice may require. 

8 ‘‘(c) CIVIL ACTION.—Upon the request of the Sec9 retary of Commerce, acting as trustee for R.M.S. Titanic 

10 property, the Attorney General may institute a civil action 

11 in an appropriate district court of the United States to— 

12 ‘‘(1) recover response costs, direct and indirect 

13 enforcement costs, and damages as set forth in sec14 tion 8; or 

15 ‘‘(2) obtain a court order directing any person 

16 in possession of R.M.S. Titanic property unlawfully 

17 obtained to deliver such R.M.S. Titanic property to 

18 the Secretary of Commerce. 

19 ‘‘(d) IN REM ACTION.—Upon the request of the Sec20 retary of Commerce, acting as trustee for R.M.S. Titanic 

21 property, the Attorney General may institute an in rem 

22 action in an appropriate district court of the United States 

23 to— 

24 ‘‘(1) satisfy a lien referred to in section 8 in an 

25 appropriate district court of the United States; or 


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1 ‘‘(2) assume custody of R.M.S. Titanic property 

2 unlawfully possessed as a result of a violation of this 

3 Act, or any regulation or permit issued under this 

4 Act. 

5 ‘‘(e) INJUNCTIVE RELIEF.—Upon the request of the 

6 Secretary of Commerce, the Attorney General may seek 

7 to obtain such relief in an appropriate district court of 

8 the United States as may be necessary to abate an immi9 nent risk of— 

10 ‘‘(1) the disturbance to, removal of, or injury to 

11 R.M.S. Titanic property; or 

12 ‘‘(2) the sale, purchase, barter, import, or ex13 port in interstate or foreign commerce of R.M.S. Ti14 tanic property. 

15 ‘‘SEC. 10. CRIMINAL ENFORCEMENT. 

16 ‘‘(a) IN GENERAL.—Any person who knowingly com17 mits any act prohibited under section 6 is guilty of an 

18 offense under this Act. 

19 ‘‘(b) PENALTY.—Any person who is convicted of an 

20 offense under this section shall be fined not more than 

21 $250,000 per day of violation, imprisoned for not more 

22 than 5 years, or both. 

23 ‘‘SEC. 11. SEIZURE AND FORFEITURE. 

24 ‘‘(a) AUTHORIZATION.—The provisions of this Act 

25 may be enforced by the Secretary of Commerce and the 


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1 Secretary of Homeland Security, or their respective des2 ignees. 

3 ‘‘(b) DETENTION AND ARREST.—Any person author4 ized by the Secretary of Commerce or the Secretary of 

5 Homeland Security to enforce this Act may— 

6 ‘‘(1) detain for inspection and inspect any pack7 age, crate, or other container, including its contents, 

8 and all accompanying documents, upon importation 

9 or exportation and otherwise as permitted by law; 

10 ‘‘(2) make arrests without a warrant for any 

11 violation of this Act if the authorized person has 

12 reasonable grounds to believe that the person to be 

13 arrested is committing the violation in their presence 

14 or view; 

15 ‘‘(3) execute and serve any arrest warrant, sei16 zure warrant, or other warrant or civil or criminal 

17 process issued by any officer or court of competent 

18 jurisdiction for enforcement of this Act, or any regu19 lation or permit issued under this Act; and 

20 ‘‘(4) search and seize property described in 

21 paragraph (1), with or without a warrant, as author22 ized by law. 

23 ‘‘(c) TEMPORARY DISPOSITION OF PROPERTY.— 

24 ‘‘(1) IN GENERAL.—Any R.M.S. Titanic prop25 erty, or other property seized pursuant to subsection 


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1 (b)(4), shall be held by any person authorized by the 

2 Secretary of Commerce or the Secretary of Home3 land Security pending disposition of civil or criminal 

4 proceedings, administrative forfeiture proceedings, 

5 actions in rem for forfeiture of such R.M.S. Titanic 

6 property or other property pursuant to this section, 

7 or criminal forfeiture proceedings pursuant to this 

8 section, as authorized under section 2461(c) of title 

9 28, United States Code. 

10 ‘‘(2) EXCEPTION.—Instead of holding the prop11 erty described in paragraph (1), the Secretary of 

12 Commerce or the Secretary of Homeland Security 

13 may permit the owner or consignee of such property 

14 to post a bond or other surety satisfactory to the 

15 Secretary of Commerce or the Secretary of Home16 land Security. 

17 ‘‘(d) PROPERTY SUBJECT TO FORFEITURE.—The 

18 following property shall be subject to forfeiture to the 

19 United States: 

20 ‘‘(1) Any R.M.S. Titanic property possessed, 

21 taken, retained, purchased, sold, bartered, imported, 

22 or exported contrary to the provisions of this Act, or 

23 any regulation or permit issued under this Act. 

24 ‘‘(2) Any property, real or personal, that con25 stitutes, or is derived from, the proceeds of any vioVerDate Mar 15 2010 23:53 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00187 Fmt 6652 Sfmt 6201 E:\BILLS\S1426.IS S1426

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1 lation of this Act, or any regulation or permit issued 

2 under this Act. 

3 ‘‘(3) Any vessel (including the vessel’s gear, ap4 purtenances, stores, and cargo), vehicle, aircraft, or 

5 other means of transportation and any money or 

6 other property used or intended to be used to facili7 tate any violation of this Act, or any regulation or 

8 permit issued under this Act. 

9 ‘‘(4) Any property traceable to the property de10 scribed in paragraph (1), (2), or (3). 

11 ‘‘(e) REBUTTABLE PRESUMPTION.—In this section, 

12 there is a rebuttable presumption that all R.M.S. Titanic 

13 property found on board a vessel that is used or seized 

14 in connection with a violation of this Act, or any regulation 

15 or permit issued under this Act, was taken or retained 

16 in violation of this Act, or a regulation or permit issued 

17 under this Act. 

18 ‘‘(f) FINAL DISPOSITION OF PROPERTY.—Upon for19 feiture of any R.M.S. Titanic property or other property 

20 to the United States pursuant to this section, or the aban21 donment or waiver of any claim to any such property, the 

22 property shall be disposed of by the Secretary of Com23 merce in such a manner, consistent with the purposes of 

24 this Act, as the Secretary shall prescribe by regulation. 

25 Any R.M.S. Titanic property ordered forfeited to the 


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1 United States shall be held in trust by the Secretary of 

2 Commerce on behalf of the public and disposed of in a 

3 manner consistent with the purposes of this Act. Forfeited 

4 R.M.S. Titanic property that does not constitute a collec5 tion may not be sold. 

6 ‘‘(g) CIVIL FORFEITURES.— 

7 ‘‘(1) IN GENERAL.—Except as provided in para8 graph (2), the provisions of chapter 46 of title 18, 

9 United States Code, relating to civil forfeitures shall 

10 extend to any seizure or administrative or civil judi11 cial forfeiture under this section to the extent that 

12 such provisions are not inconsistent with this Act. 

13 ‘‘(2) PERFORMANCE OF DUTIES.—Any duties 

14 imposed upon the Attorney General, the Secretary of 

15 the Treasury, or the Postmaster General shall be 

16 performed with respect to seizures and forfeitures of 

17 property under this section by such officers, agents, 

18 or other persons as may be authorized or designated 

19 for that purpose by the Secretary of Commerce or 

20 the Secretary of Homeland Security, as appropriate. 

21 ‘‘(h) CRIMINAL FORFEITURES.— 

22 ‘‘(1) IN GENERAL.—Any person who is con23 victed of an offense under section 10 shall forfeit 

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1 tion, as authorized by section 2461(c) of title 28, 

2 United States Code. 

3 ‘‘(2) PROCEDURES.—The procedures under sec4 tion 413 of the Controlled Substances Act (21 

5 U.S.C. 853) (except subsection (d) of such section), 

6 insofar as such provisions are not inconsistent with 

7 this Act, shall apply to— 

8 ‘‘(A) all stages of a criminal forfeiture of 

9 property under this section, including any sei10 zure and disposition of such property; and 

11 ‘‘(B) any administrative or judicial pro12 ceeding in relation to such forfeiture. 

13 ‘‘SEC. 12. DISPOSITION OF MONIES RECOVERED. 

14 ‘‘(a) IN GENERAL.—Notwithstanding any other pro15 vision of law, any monies collected under sections 8, 9, 

16 10, and 11, either directly or through the sale of forfeited 

17 property, after payment of related expenses— 

18 ‘‘(1) are authorized to be paid into 1 or more 

19 special accounts of the Department of the Treasury; 

20 and 

21 ‘‘(2) shall be used by the Secretary of Com22 merce for— 

23 ‘‘(A) conservation of Titanic artifacts re24 covered pursuant to an enforcement action; 


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1 ‘‘(B) conservation of any Titanic collection 

2 of lawfully salvaged artifacts; or 

3 ‘‘(C) the collection of the USS Monitor 

4 National Marine Sanctuary artifacts at The 

5 Mariners’ Museum. 

6 ‘‘(b) DISPOSITION OF EXCESS FUNDS.—If the pro7 ceeds from an enforcement action exceed the amount of 

8 funds needed for the conservation of artifacts from that 

9 case, the Titanic collection, and the Monitor collection, 

10 such excess amount shall be deposited in the General 

11 Fund of the Treasury. 

12 ‘‘SEC. 13. INTERNATIONAL COOPERATION. 

13 ‘‘In cooperation with the Secretary of State, the Sec14 retary of Commerce is authorized to inform and consult 

15 with representatives of foreign nations and others regard16 ing the protection and preservation of R.M.S. Titanic 

17 property, including the issuance of permits pursuant to 

18 section 7. 

19 ‘‘SEC. 14. AGREEMENTS AND AUTHORITY TO UTILIZE 

20 GRANT FUNDS. 

21 ‘‘(a) AGREEMENTS.—The Secretary of Commerce 

22 may, as appropriate, enter into agreements with any per23 son to use the personnel, services, equipment, or facilities 

24 of such person, on a reimbursable or nonreimbursable 

25 basis, to assist in carrying out the purposes of this Act. 


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1 ‘‘(b) AUTHORITY TO UTILIZE GRANT FUNDS.—The 

2 Secretary of Commerce— 

3 ‘‘(1) except as provided in paragraph (2), may 

4 apply for, accept, and obligate research grant fund5 ing from any Federal source operating competitive 

6 grant programs if such funding furthers the pur7 poses of this Act; 

8 ‘‘(2) may not apply for, accept, or obligate any 

9 grant funding under paragraph (1) if— 

10 ‘‘(A) the granting agency is not authorized 

11 to award grants to Federal agencies; or 

12 ‘‘(B) the grant will be used for any pur13 poses, or will be subject to any conditions, that 

14 are prohibited by law or regulation; 

15 ‘‘(3) may use amounts appropriated for the 

16 purpose of this Act to satisfy a requirement to 

17 match grant funds with recipient agency funds, ex18 cept that no grant may be accepted that requires a 

19 commitment before such amounts are appropriated; 

20 and 

21 ‘‘(4) shall deposit grant funds in the National 

22 Oceanic and Atmospheric Administration account 

23 that serves to accomplish the purpose for which the 

24 grant was awarded. 


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1 ‘‘SEC. 15. MONITORING AUTHORIZATION. 

2 ‘‘In order to carry out the purposes of this Act, the 

3 Secretary of Commerce may— 

4 ‘‘(1) monitor the wreck site of R.M.S. Titanic; 

5 and 

6 ‘‘(2) conduct such monitoring in coordination 

7 with the personnel, services, and facilities of other 

8 Federal departments, agencies, or instrumentalities 

9 on a reimbursable or nonreimbursable basis. 

10 ‘‘SEC. 16. RULEMAKING. 

11 ‘‘The Secretary of Commerce is authorized to promul12 gate regulations to implement this Act, including, as nec13 essary, regulations providing for the issuance of permits 

14 under section 7. Such regulations shall be consistent with 

15 the International Agreement and Rules. 

16 ‘‘SEC. 17. RELATIONSHIP TO OTHER LAWS. 

17 ‘‘(a) LIABILITY.—Nothing in sections 4281 through 

18 4289 of the Revised Statutes of the United States or sec19 tion 3 of the Act of February 13, 1893, shall limit the 

20 liability of any person under this Act. 

21 ‘‘(b) SEIZURE AND FORFEITURE OF PROPERTY.— 

22 Nothing in this Act may be construed to affect the seizure 

23 and forfeiture of property, including R.M.S. Titanic prop24 erty, under the customs laws of the United States, or the 

25 issuance of penalties under such laws. 


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1 ‘‘(c) INTERNATIONAL AGREEMENTS.—This Act and 

2 any implementing regulations shall be applied in accord3 ance with applicable law, including treaties, conventions, 

4 and other international agreements to which the United 

5 States is a party. 

6 ‘‘(d) FREEDOMS OF THE HIGH SEAS.—Except to the 

7 extent that an activity is undertaken as a subterfuge for 

8 activities prohibited under this Act, nothing in this Act 

9 is intended to affect the exercise of traditional freedoms 

10 of the high seas, including— 

11 ‘‘(1) navigation; 

12 ‘‘(2) the laying of submarine cables and pipe13 lines; 

14 ‘‘(3) operation of vessels; 

15 ‘‘(4) fishing; or 

16 ‘‘(5) other internationally lawful uses of the sea 

17 related to such freedoms. 

18 ‘‘(e) SEVERABILITY.—Each provision of this Act is 

19 severable. If a court of competent jurisdiction should find 

20 any provision of this Act to be unenforceable, all other 

21 provisions shall remain in full force and effect. 

22 ‘‘(f) SALVAGE RIGHTS.—An order granting salvage 

23 rights to R.M.S. Titanic by a court of competent jurisdic24 tion prior to the effective date of this Act shall not exempt 

25 any person from complying with this Act or any regulation 


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1 or permit issued under this Act. Without prejudice to the 

2 orders of a United States Court of competent jurisdiction, 

3 issued in reference to the entity known as ‘RMS Titanic, 

4 Inc.’, prior to the effective date of this legislation (the sta5 tus of such orders to be unaffected by this legislation), 

6 no person may obtain salvage rights to R.M.S. Titanic or 

7 R.M.S. Titanic property, after the effective date of this 

8 Act, except by an assignment or transfer of existing rights 

9 or through the orders of a United States Court of com10 petent jurisdiction issued in reference to the entity known 

11 as ‘R.M.S. Titanic, Inc.’. 

12 ‘‘(g) LAW OF FINDS.—The law of finds shall not 

13 apply to R.M.S. Titanic or R.M.S. Titanic property. 

14 ‘‘(h) COLLECTION MANAGEMENT.—Each collection 

15 shall be managed and maintained in accordance with the 

16 Rules. 

17 ‘‘SEC. 18. STATUTE OF LIMITATIONS. 

18 ‘‘No civil action may be brought, and no criminal 

19 prosecution may be commenced, by the United States to 

20 enforce this Act, or any regulation or permit issued under 

21 this Act, after the date that is 8 years after the date on 

22 which— 

23 ‘‘(1) all facts material to the right of action or 

24 offense are known by the Secretary of Commerce; 

25 and 


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1 ‘‘(2) jurisdiction can be exercised over the de2 fendant. 

3 ‘‘SEC. 19. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘There are authorized to be appropriated to the Sec5 retary $1,000,000 for each of the fiscal years 2012 

6 through 2016 to carry out this Act, which shall remain 

7 available until expended.’’. 

8 SEC. 605. EFFECTIVE DATE. 

9 The amendments made by this title shall take effect 

10 on the date of the enactment of this Act. 

11 TITLE VII—AUTHORIZATION OF 

12 APPROPRIATIONS 

13 Subtitle A—Department of State 

14 SEC. 701. ADMINISTRATION OF FOREIGN AFFAIRS. 

15 (a) IN GENERAL.—The amounts set forth in this sec16 tion are authorized to be appropriated under ‘‘Administra17 tion of Foreign Affairs’’ for the Department of State to 

18 carry out the authorities, functions, duties, and respon19 sibilities in the conduct of foreign affairs of the United 

20 States, and for other purposes authorized by law. 

21 (b) DIPLOMATIC AND CONSULAR PROGRAMS.— 

22 (1) IN GENERAL.—There is authorized to be 

23 appropriated for fiscal year 2012, for ‘‘Diplomatic 

24 and Consular Programs’’, $11,893,457,000, of 

25 which— 


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1 (A) $1,700,584,000 is authorized to be ap2 propriated for worldwide security protection; 

3 and 

4 (B) $536,475,000 is authorized to be ap5 propriated for public diplomacy. 

6 (2) TRANSFERS.— 

7 (A) TO EMERGENCIES ACCOUNT.—Of the 

8 amounts authorized to be appropriated under 

9 paragraph (1), up to $10,000,000 may be 

10 transferred to, and merged with amounts in, 

11 the ‘‘Emergencies in the Diplomatic and Con12 sular Service Account’’. 

13 (B) FROM EMERGENCIES ACCOUNT.—Of 

14 the amounts authorized to be appropriated for 

15 fiscal year 2012 for the ‘‘Emergencies in the 

16 Diplomatic and Consular Service Account’’, up 

17 to $1,000,000 may be transferred to, and 

18 merged with amounts in, the ‘‘Repatriation 

19 Loans Program Account’’. 

20 (c) CAPITAL INVESTMENT FUND.—There is author21 ized to be appropriated $125,000,000 for fiscal year 2012 

22 for the ‘‘Capital Investment Fund’’. 

23 (d) EMBASSY SECURITY, CONSTRUCTION, AND MAIN24 TENANCE.—There is authorized to be appropriated for fis25 cal year 2012— 


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1 (1) $863,317,000 for ongoing operations; and 

2 (2) $938,200,000 for worldwide security up3 grades. 

4 (e) CONFLICT STABILIZATION OPERATIONS.—There 

5 is authorized to be appropriated $92,200,000 for fiscal 

6 year 2012 for ‘‘Conflict Stabilization Operations’’. 

7 (f) EDUCATIONAL AND CULTURAL EXCHANGE PRO8 GRAMS.—There is authorized to be appropriated for fiscal 

9 year 2012, for ‘‘Educational and Cultural Exchange Pro10 grams’’, $637,100,000, of which— 

11 (1) $750,000 may be used to carry out the Ti12 betan scholarship program established under section 

13 103(b)(1) of the Human Rights, Refugee, and Other 

14 Foreign Relations Provisions Act of 1996 (Public 

15 Law 104–319); and 

16 (2) $650,000 may be used for the ‘‘Ngawang 

17 Choepel Exchange Programs’’ (formerly known as 

18 ‘‘programs of educational and cultural exchange be19 tween the United States and the people of Tibet’’) 

20 under section 103(a) of such Act. 

21 (g) REPRESENTATION ALLOWANCES.—There is au22 thorized to be appropriated $8,175,000 for fiscal year 

23 2012 for ‘‘Representation Allowances’’. 

24 (h) PROTECTION OF FOREIGN MISSIONS AND OFFI25 CIALS.—There is authorized to be appropriated 


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1 $27,744,000 for fiscal year 2012 for ‘‘Protection of For2 eign Missions and Officials’’. 

3 (i) EMERGENCIES IN THE DIPLOMATIC AND CON4 SULAR SERVICE.—There is authorized to be appropriated 

5 $10,000,000 for fiscal year 2012 for ‘‘Emergencies in the 

6 Diplomatic and Consular Service’’. 

7 (j) REPATRIATION LOANS.—There is authorized to 

8 be appropriated $1,800,000 for fiscal year 2012 for ‘‘Re9 patriation Loans’’. 

10 (k) PAYMENT TO THE AMERICAN INSTITUTE IN TAI11 WAN.—There is authorized to be appropriated 

12 $23,320,000 for fiscal year 2012 for ‘‘Payment to the 

13 American Institute in Taiwan’’. 

14 (l) OFFICE OF THE INSPECTOR GENERAL.—There is 

15 authorized to be appropriated for fiscal year 2012, for 

16 ‘‘Office of the Inspector General’’, $128,086,000, of 

17 which— 

18 (1) $18,545,000 is authorized to be appro19 priated for the Special Inspector General for Iraq 

20 Reconstruction; and 

21 (2) $44,387,000 is authorized to be appro22 priated for the Special Inspector General for Af23 ghanistan Reconstruction. 

24 (m) FISCAL YEAR 2013.—There are authorized to be 

25 appropriated for fiscal year 2013 such sums as may be 


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1 necessary for the programs, funds, activities, and other 

2 financial instruments set forth in subsections (b) through 

3 (l). 

4 SEC. 702. INTERNATIONAL ORGANIZATIONS AND CON5 FERENCES. 

6 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

7 ORGANIZATIONS.—There is authorized to be appropriated 

8 for fiscal year 2012, for ‘‘Contributions to International 

9 Organizations’’, $1,619,400,000 to carry out— 

10 (1) the authorities, functions, duties, and re11 sponsibilities in the conduct of the foreign affairs of 

12 the United States with respect to international orga13 nizations; and 

14 (2) other authorized activities relating to such 

15 purposes. 

16 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE17 KEEPING ACTIVITIES.—There is authorized to be appro18 priated for fiscal year 2012, for ‘‘Contributions for Inter19 national Peacekeeping Activities’’, $1,920,000,000, 

20 which— 

21 (1) shall be used to carry out— 

22 (A) the authorities, functions, duties, and 

23 responsibilities of the United States with re24 spect to international peacekeeping activities; 

25 and 


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1 (B) other authorized activities relating to 

2 such purposes; and 

3 (2) shall remain available until expended. 

4 (c) FOREIGN CURRENCY EXCHANGE RATE.— 

5 (1) IN GENERAL.—In addition to amounts au6 thorized to be appropriated under this section, there 

7 are authorized to be appropriated such sums as may 

8 be necessary for fiscal year 2012 to offset adverse 

9 fluctuations in foreign currency exchange rates. 

10 (2) LIMITATION.—Amounts appropriated pur11 suant to this subsection shall be available for obliga12 tion and expenditure only to the extent that the Di13 rector of the Office of Management and Budget de14 termines and certifies to Congress that such 

15 amounts are necessary due to the fluctuations de16 scribed in paragraph (1). 

17 (d) FISCAL YEAR 2013.—There are authorized to be 

18 appropriated for fiscal year 2013 such sums as may be 

19 necessary for the contributions described in subsections 

20 (a) and (b). 

21 SEC. 703. INTERNATIONAL COMMISSIONS. 

22 (a) IN GENERAL.—The amounts set forth in this sec23 tion are authorized to be appropriated under ‘‘Inter24 national Commissions’’ for the Department of State to 

25 carry out the authorities, functions, duties, and responVerDate Mar 15 2010 23:53 Jul 29, 2011 Jkt 099200 PO 00000 Frm 00201 Fmt 6652 Sfmt 6201 E:\BILLS\S1426.IS S1426

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1 sibilities in the conduct of the foreign affairs of the United 

2 States with respect to international commissions and for 

3 other purposes authorized by law: 

4 (b) INTERNATIONAL BOUNDARY AND WATER COM5 MISSION, UNITED STATES AND MEXICO.—There are au6 thorized to be appropriated for fiscal year 2012, for 

7 ‘‘International Boundary and Water Commission, United 

8 States and Mexico’’— 

9 (1) $45,591,000 for ‘‘Salaries and Expenses’’; 

10 and 

11 (2) $31,900,000 for ‘‘Construction’’. 

12 (c) INTERNATIONAL BOUNDARY COMMISSION, 

13 UNITED STATES AND CANADA.—There is authorized to 

14 be appropriated $2,422,000 for fiscal year 2012 for 

15 ‘‘International Boundary Commission, United States and 

16 Canada’’. 

17 (d) INTERNATIONAL JOINT COMMISSION.—There is 

18 authorized to be appropriated $7,237,000 for fiscal year 

19 2012 for ‘‘International Joint Commission’’. 

20 (e) INTERNATIONAL FISHERIES COMMISSIONS.— 

21 There is authorized to be appropriated $31,291,000 for 

22 fiscal year 2012 for ‘‘International Fisheries Commis23 sions’’. 

24 (f) FISCAL YEAR 2013.—There are authorized to be 

25 appropriated for fiscal year 2013 such sums as may be 


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1 necessary for the international commissions referred to in 

2 subsections (b) through (e). 

3 SEC. 704. MIGRATION AND REFUGEE ASSISTANCE. 

4 (a) MIGRATION AND REFUGEE ASSISTANCE.—There 

5 is authorized to be appropriated for fiscal year 2012, for 

6 authorized activities for ‘‘Migration and Refugee Assist7 ance’’, $1,613,100,000— 

8 (1) of which $25,000,000 may be used for the 

9 resettlement of humanitarian migrants to Israel; and 

10 (2) which shall remain available until expended. 

11 (b) EMERGENCY REFUGEE AND MIGRATION ASSIST12 ANCE ACCOUNT.—Section 2(c)(2) of the Migration and 

13 Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(2)) 

14 is amended by striking ‘‘$100,000,000’’ and inserting 

15 ‘‘$200,000,000.’’. 

16 (c) UNITED STATES EMERGENCY REFUGEE AND MI17 GRATION ASSISTANCE.—There is authorized to be appro18 priated $40,000,000 for fiscal year 2012 for ‘‘U.S. Emer19 gency Refugee and Migration Assistance’’. 

20 (d) FISCAL YEAR 2013.—There are authorized to be 

21 appropriated for fiscal year 2013 such sums as may be 

22 necessary for the migration and refugee assistance pur23 poses referred to in subsections (a) through (c). 


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1 SEC. 705. CENTERS AND FOUNDATIONS. 

2 (a) ASIA FOUNDATION.—There is authorized to be 

3 appropriated $19,000,000 for fiscal year 2012 to carry 

4 out authorized activities for ‘‘The Asia Foundation’’. 

5 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.— 

6 There is authorized to be appropriated $105,000,000 for 

7 fiscal year 2012 to carry out authorized activities for ‘‘Na8 tional Endowment for Democracy’’. 

9 (c) CENTER FOR CULTURAL AND TECHNICAL INTER10 CHANGE BETWEEN EAST AND WEST.—There is author11 ized to be appropriated $11,400,000 for fiscal year 2012 

12 to carry out authorized activities for ‘‘Center for Cultural 

13 and Technical Interchange Between East and West’’. 

14 (d) FISCAL YEAR 2013.—There are authorized to be 

15 appropriated for fiscal year 2013 such sums as may be 

16 necessary for the centers and foundations referred to in 

17 subsections (a) through (c). 

18 Subtitle B—United States Inter19 national Broadcasting Activities 

20 SEC. 711. AUTHORIZATION OF APPROPRIATIONS. 

21 There are authorized to be appropriated to carry out 

22 United States Government international broadcasting ac23 tivities under the United States Information and Edu24 cational Exchange Act of 1948, the Radio Broadcasting 

25 to Cuba Act, the Television Broadcasting to Cuba Act, the 

26 United States International Broadcasting Act of 1994, 


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1 and the Foreign Affairs Reform and Restructuring Act of 

2 1998, and to carry out other authorities in law related 

3 to such purposes— 

4 (1) for ‘‘International Broadcasting Oper5 ations’’— 

6 (A) $754,261,000 for fiscal year 2012; and 

7 (B) such sums as may be necessary for fis8 cal year 2013; and 

9 (2) for ‘‘Broadcasting Capital Improvements’’— 

10 (A) $12,769,000 for fiscal year 2012; and 

11 (B) such sums as may be necessary for fis12 cal year 2013. 

13 Subtitle C—Peace Corps 

14 SEC. 721. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 3(b)(1) of the Peace Corps Act (22 U.S.C. 

16 2502(b)(1)) is amended to read as follows: 

17 ‘‘(1) There is authorized to be appropriated to 

18 carry out the purposes of this chapter— 

19 ‘‘(A) $439,600,000 for fiscal year 2012; 

20 and 

21 ‘‘(B) such sums as may be necessary for 

22 fiscal year 2013.’’. 


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1 Subtitle D—Other Provisions 

2 SEC. 731. RELATIONSHIP TO OTHER LAWS. 

3 Nothing in this Act may be construed as affecting, 

4 in any way, existing statutory prohibitions related to abor5 tion or existing statutory prohibitions on the use of funds 

6 to lobby for or against abortion. 

Æ 


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