[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1426 Introduced in Senate (IS)]
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Foreign Relations Authorization Act,
Fiscal Years 2012 and 2013''.
SEC. 2. TABLE OF CONTENTS.
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
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.
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.
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.
SEC. 3. DEFINITIONS.
In this Act:
(1) Appropriate congressional committees.--Except as
provided in section 503(c), the term ``appropriate
congressional committees'' means the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of
the House of Representatives.
(2) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
TITLE I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--General Matters
SEC. 101. INTERNATIONAL LITIGATION FUND.
Section 38(d)(3) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2710(d)(3)) is amended by striking ``from another
agency of the United States Government'' and inserting ``as a result of
a decision of an international tribunal, from another agency of the
United States Government,''.
SEC. 102. ACTUARIAL VALUATIONS.
(a) Authority of Secretary of State To Make Actuarial Valuations.--
Section 818 of the Foreign Service Act of 1980 (22 U.S.C. 4058) is
amended--
(1) in the first sentence, by striking ``Secretary of the
Treasury'' and inserting ``Secretary of State''; and
(2) by amending the second sentence to read as follows:
``The Secretary of State may expend such sums as may be
necessary to administer the provisions of this chapter,
including actuarial advice, but only to the extent and in such
amounts as are provided in advance in appropriations acts.''.
(b) Authority of Secretary of State To Determine Portion of Foreign
Service Retirement and Disability Fund Available for Investment.--
Section 819 of such Act (22 U.S.C. 4059) is amended by striking
``Secretary of the Treasury'' the second place it appears and inserting
``Secretary of State''.
(c) Authority of Secretary of State To Prescribe Mortality
Tables.--Section 825(b) of such Act (22 U.S.C. 4065(b)) is amended--
(1) by striking ``subsection (a) (2), (3), or (4)'' and
inserting ``paragraph (2), (3), or (4) of subsection (a)''; and
(2) by striking ``Secretary of the Treasury'' and inserting
``Secretary of State''.
(d) Authority of Secretary of State To Make Periodic Valuations.--
Section 859(c) of the Foreign Service Act of 1980 (22 U.S.C. 4071h(c))
is amended--
(1) by striking ``Secretary of the Treasury'' and inserting
``Secretary of State''; and
(2) by striking ``and shall advise the Secretary of State
of (1) the normal cost of the System, (2) the supplemental
liability of the System, and (3) the amounts necessary to
finance the costs of the System.'' and inserting the following:
``that will provide--
``(1) the normal cost of the System;
``(2) the supplemental liability of the System; and
``(3) the amounts necessary to finance the costs of the
System.''.
SEC. 103. SPECIAL AGENTS.
Section 37 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2709) is amended--
(1) in subsection (a), by amending paragraph (1) to read as
follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting,
or relating to, the programs, functions, or authorities
of the Department of State; and
``(C) Federal offenses committed within the special
maritime and territorial jurisdiction of the United
States (as such term is defined in section 7(9) of
title 18, United States Code), except as that
jurisdiction relates to the premises of United States
military installations and related residences;''; and
(2) by adding at the end the following:
``(d) Rule of Construction.--Nothing in subsection (a)(1) may be
construed to limit the investigative authority of any other Federal
department or agency.''.
SEC. 104. SECURITY ENHANCEMENTS FOR SOFT TARGETS.
Section 29 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2701) is amended by inserting ``physical security
enhancements and'' after ``Such assistance may include''.
SEC. 105. ENHANCED DEPARTMENT OF STATE AUTHORITY FOR UNIFORMED SECURITY
OFFICERS.
The State Department Basic Authorities Act of 1956 is amended by
inserting after section 37 (22 U.S.C. 2709) the following:
``SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED STATES BY
UNIFORMED GUARDS.
``(a) Enforcement Authorities for Uniformed Guards.--The Secretary
of State may authorize Department of State uniformed guards to protect
buildings and areas within the United States for which the Department
of State provides protective services, including duty in areas outside
the property to the extent necessary to protect the property and
persons in that area.
``(b) Powers of Guards.--While engaged in the performance of
official duties as a uniformed guard under subsection (a), a guard
may--
``(1) enforce Federal laws and regulations for the
protection of persons and property;
``(2) carry firearms; and
``(3) make arrests without warrant for--
``(A) any offense against the United States
committed in the guard's presence; or
``(B) any felony cognizable under the laws of the
United States if the guard has reasonable grounds to
believe that the person to be arrested has committed,
or is committing, such felony in connection with the
buildings, areas, or persons for which the Department
of State is providing protective services.
``(c) Regulations.--
``(1) In general.--The Secretary of State, in consultation
with the Secretary of Homeland Security, may prescribe such
regulations as may be necessary for the administration of
buildings and areas within the United States for which the
Department of State provides protective services, including
reasonable penalties for violations of such regulations, within
the limits prescribed in subsection (d).
``(2) Posting.--The regulations prescribed under paragraph
(1) shall be posted in a conspicuous place on the property.
``(d) Penalties.--A person violating a regulation prescribed under
subsection (c) shall be fined under title 18, United States Code,
imprisoned for not more than 6 months, or both.
``(e) Attorney General Approval.--The powers granted to guards
designated under this section shall be exercised in accordance with
guidelines approved by the Attorney General.
``(f) Relationship to Other Authority.--Nothing in this section may
be construed to affect the authority of the Secretary of Homeland
Security, the Administrator of General Services, or any Federal law
enforcement agency.''.
SEC. 106. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC SECURITY
PROGRAM.
(a) In General.--Section 136(c)(3) of the Foreign Relations
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)(3)),
is amended to read as follows:
``(3) in evaluating proposals for such contracts, award
contracts to technically acceptable firms offering the lowest
evaluated price, except that--
``(A) the Secretary may award contracts on the
basis of best value (as determined by a cost-technical
tradeoff analysis); and
``(B) proposals received from United States persons
and qualified United States joint venture persons shall
be evaluated by reducing the bid price by 10
percent;''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to Congress that
describes the implementation of section 136(c)(3) of the Foreign
Relations Authorization Act, Fiscal Years 1990 and 1991, as amended by
subsection (a).
SEC. 107. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR SEIZED COMMERCIAL
FISHERMEN.
Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C.
1977(e)) is amended by striking ``2008'' and inserting ``2013''.
SEC. 108. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS.
Section 3486 of title 18, United States Code, is amended--
(1) in subsection (a)--
(A) in paragraph (1)(A)--
(i) in the matter preceding clause (i), by
striking ``of'' and inserting ``to'';
(ii) in clause (i)(II), by striking ``or''
at the end;
(iii) in clause (ii), by striking the comma
at the end and inserting a semicolon; and
(iv) by inserting after clause (ii) the
following:
``(iii) an offense under section 878, or a
threat against a person, foreign mission, or
organization authorized to receive protection
by special agents of the Department of State
and the Foreign Service under section 37(a)(3)
of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2709(a)(3)) if the Assistant
Secretary for Diplomatic Security or the
Director of the Diplomatic Security Service
determines that the threat constituting the
offense or threat against the person or place
protected is imminent, the Secretary of State;
or
``(iv) an offense under chapter 75, the
Secretary of State,'';
(B) by amending paragraph (9) to read as follows:
``(9) A subpoena issued under clause (i)(II), (ii), (iii), or (iv)
of paragraph (1)(A) may require production as soon as possible, but in
no event less than 24 hours after service of the subpoena.''; and
(C) by adding at the end the following:
``(11) As soon as practicable following the issuance of a subpoena
under paragraph (1)(A)(iii), the Secretary of State shall notify the
Attorney General of such issuance.''; and
(2) in subsection (e)(1), by adding at the end the
following: ``This subsection shall only apply to administrative
subpoenas issued under subsection (a)(1)(A)(i).''.
SEC. 109. TECHNICAL AMENDMENT TO FEDERAL WORKFORCE FLEXIBILITY ACT.
Chapter 57 of title 5, United States Code, is amended--
(1) in section 5753(a)(2)(A), by inserting ``, excluding
members of the Foreign Service other than chiefs of mission,
ambassadors at large, and other members of the Foreign Service
subject to examinations under section 302(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941(b))'' before the semicolon
at the end; and
(2) in section 5754(a)(2)(A), by inserting ``, excluding
members of the Foreign Service other than chiefs of mission,
ambassadors at large, and other members of the Foreign Service
subject to examinations under section 302(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941(b))'' before the semicolon
at the end.
SEC. 110. EMERGENCY REFUGEE AND MIGRATION ASSISTANCE ACCOUNT.
Section 2(c) of the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2601(c)) is amended--
(1) by striking ``President'' each place such term appears
and inserting ``Secretary of State''; and
(2) in paragraph (2), by striking ``$100,000,000'' and
inserting ``$200,000,000''.
SEC. 111. REIMBURSEMENT FOR USE OF GOVERNMENT VEHICLES OVERSEAS.
Section 28 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2700) is amended--
(1) by inserting ``(a)'' before ``The Secretary''; and
(2) by adding at the end the following:
``(b) Funds received by the Department of State in connection with
the use of vehicles owned or leased by the Government under subsection
(a)--
``(1) may be credited to the appropriate account of the
Department of State; and
``(2) if so credited, shall be available only for expenses
related to the purchase, lease, maintenance, or operation of
such vehicles.''.
SEC. 112. ACCOUNTABILITY REVIEW BOARDS.
(a) Waiver From Requirement To Convene Accountability Review
Boards.--Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended to read as
follows:
``(3) Waiver authority.--
``(A) In general.--The Secretary of State may waive
the requirement to convene a Board in the case of an
incident that involves serious injury, loss of life, or
significant destruction of property at, or related to,
a United States Government mission.
``(B) Waiver requirements.--If the Secretary waives
the requirement under paragraph (1), the Secretary
shall--
``(i) promptly notify the Committee on
Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of
Representatives of the incident;
``(ii) conduct an inquiry into the incident
and the circumstances surrounding the incident;
and
``(iii) upon completing the inquiry
required by clause (ii), submit a report to
each committee described in clause (i) that
contains--
``(I) the findings and
recommendations related to such
inquiry; and
``(II) the actions taken with
respect to such recommendations.''.
SEC. 113. HOME-TO-WORK TRANSPORTATION.
Section 1344(b)(4) of title 31, United States Code, is amended by
inserting ``the Deputy Secretary of State, the Deputy Secretary of
State for Management and Resources,'' before ``principal diplomatic''.
Subtitle B--Public Diplomacy
SEC. 121. PUBLIC DIPLOMACY RESOURCE CENTERS.
(a) Findings.--Congress makes the following findings:
(1) Of the 177 information resource centers operated by the
Department of State as of February 2009--
(A) 87 (49 percent) operated on a ``by appointment
only'' basis; and
(B) 18 (11 percent) did not permit any public
access.
(2) Information resource centers located outside United
States embassy compounds receive significantly more visitors
than the centers located inside such compounds, including--
(A) twice the number of visitors in Africa;
(B) 6 times more visitors in the Middle East; and
(C) 22 times more visitors in Asia.
(3) Iran has increased the number of similar Iranian
facilities, known as Iranian Cultural Centers, to about 60
throughout the world.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should initiate a reexamination
of the public diplomacy platform strategy of the United States
with a goal of reestablishing publicly accessible American
Centers; and
(2) after taking into account relevant security
considerations, the Secretary of State should consider placing
United States public diplomacy facilities at locations
conducive to maximizing their use, consistent with the
authority given to the Secretary under section 606(a)(2)(B) of
the Secure Embassy Construction and Counterterrorism Act of
1999 (22 U.S.C. 4865(a)(2)(B)) to waive certain requirements of
that Act.
SEC. 122. EMPLOYMENT OF NONCITIZENS FOR INTERNATIONAL BROADCASTING.
Section 804 of the United States Information and Educational
Exchange Act of 1948 (22 U.S.C. 1474) is amended--
(1) by striking ``In carrying out'' and inserting the
following:
``(a) Authorized Activities.--In carrying out'';
(2) in subsection (a)(1), as redesignated, by striking
``Attorney General'' and inserting ``Secretary of Homeland
Security''; and
(3) by adding at the end the following:
``(b) Defined Term.--As used in subsection (a)(1), the term
`suitably qualified United States citizens' means applicants who--
``(1) are United States citizens; and
``(2) are equally or better qualified than the applicants
who are not United States citizens.''.
SEC. 123. RADIO FREE EUROPE AND RADIO LIBERTY PAY PARITY.
(a) In General.--Section 308(h)(1)(C) of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)(C)) is
amended by striking ``, to pay up to three'' and inserting ``to pay
employees, who are equivalent to senior executives under section 3132
of title 5, United States Code, senior level employees under section
5108 of such title, or scientific or professional employees under
section 3104 of such title, a salary that is equal to or less than--
``(i) the rate of pay payable for level III of the
Executive Schedule under section 5314 of such title; or
``(ii) if the Board certifies that the employees
are covered by a performance appraisal system meeting
the certification criteria established by regulation
under section 5307(d) of such title, the rate of pay
payable for level II of the Executive Schedule under
section 5313 of such title.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect immediately after the expiration of the pay freeze period
required under section 147 of the Continuing Appropriations Act, 2011
(Public Law 111-242).
SEC. 124. PERSONAL SERVICES CONTRACTING PROGRAM FOR THE BROADCASTING
BOARD OF GOVERNORS.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year
2003 (Public Law 107-228; 22 U.S.C. 6206 note), is amended--
(1) in the section heading, by striking ``pilot'';
(2) in subsection (a)--
(A) by striking ``pilot'';
(B) by striking ``, without regard to Civil Service
and classification laws,''; and
(C) by adding at the end the following: ``A
personal services contractor hired pursuant to this
section shall not be considered a Federal employee (as
defined under section 2105 of title 5, United States
Code) for any purpose.'';
(3) in subsection (b)--
(A) in paragraph (4), by striking ``60'' and
inserting ``125''; and
(B) by adding at the end the following:
``(5) The annual salary rate for personal services
contractors may not exceed the rate for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code.''; and
(4) in subsection (c), by striking ``December 31, 2009''
and inserting ``December 31, 2014''.
SEC. 125. DISSEMINATION OF PUBLIC DIPLOMACY INFORMATION WITHIN THE
UNITED STATES.
(a) Application of Certain Laws.--Section 1333 of the Foreign
Affairs Agencies Consolidation Act of 1998 (subdivision A of division G
of Public Law 105-277; 22 U.S.C. 6552) is amended--
(1) in subsection (a), by inserting ``or the international
broadcasting programs as carried out by the Broadcasting Board
of Governors after the transfer of functions pursuant to this
subdivision'' before the period at the end;
(2) in subsection (b), by adding at the end the following:
``Nothing in section 501 (22 U.S.C. 1461), section 202 (22
U.S.C. 1461-1), or section 208 (22 U.S.C. 1461-1a) shall apply
to prohibit or restrict international broadcast operations
transferred to the Broadcasting Board of Governors pursuant to
this subdivision.''; and
(3) in subsection (c), by adding at the end the following:
``The limitation under this subsection shall not apply to funds
authorized to be appropriated for international broadcasting
programs carried out by the Broadcasting Board of Governors
pursuant to the United States International Broadcasting Act of
1994 (22 U.S.C. 6201 et seq.).''.
(b) Exception to Ban on Domestic Activities by the USIA.--Section
208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and
1987 (Public Law 99-93; 22 U.S.C. 1461-1a) is amended by inserting ``or
the United States International Broadcasting Act of 1994 (22 U.S.C.
6201 et seq.)'' before the period at the end.
SEC. 126. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
(a) In General.--Under the authority, direction, and control of the
President, the Secretary of State, in accordance with the Mutual
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.),
may increase the number of educational and cultural exchange activities
involving persons from scientific, medical, research, and academic
sectors by--
(1) establishing new programs under such Act; and
(2) expanding the coverage of existing programs under such
Act.
(b) Science Envoy Program.--Section 504 of the Foreign Relations
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), is amended by
adding at the end the following:
``(e)(1) The Secretary may award grants and enter into cooperative
agreements related to science and technology fellowship programs of the
Department of State, including for assistance in recruiting fellows and
the payment of stipends, travel, and other appropriate expenses to
fellows.
``(2) Grants awarded under this subsection may be--
``(A) part of the United States Science Envoy Program; and
``(B) used to select our Nation's preeminent scientists,
Nobel laureates, and leaders in technology who will travel
overseas to represent the commitment of the United States to
collaborate with other countries to promote the advancement of
science and technology throughout the world based on issues of
common interest and expertise.
``(3) Stipends awarded under this subsection shall not be
considered compensation for purposes of section 209 of title 18, United
States Code.
``(4) The total amount of grants awarded under this subsection
shall not exceed $2,000,000 in any fiscal year.''.
SEC. 127. BROADCASTING BOARD OF GOVERNORS.
(a) Elimination of Editorials as Broadcasting Principle of United
States Government.--Section 303(b)(3) of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202(b)(3)) is
amended by striking ``, including editorials,''.
(b) Extension of Immunity From Civil Liability to Members of
Broadcasting Board of Governors Acting in Capacity as Board Members of
Middle East Broadcasting Networks, Inc.--Section 304(g) of the United
States International Broadcasting Act of 1994 (22 U.S.C. 6203(g)) is
amended by striking ``RFE/RL Incorporated and'' and inserting ``RFE/RL
Incorporated, Middle East Broadcasting Networks, Inc., and''.
SEC. 128. JOURNALIST PROTECTION GRANTS.
Section 305(a)(15) of the United States International Broadcasting
Act (22 U.S.C. 6204(a)(15)) is amended by adding the following:
``(C) To award and administer grants to support journalists
writing and reporting for Broadcasting Board of Governors
broadcasters in accordance with the standards and principles
contained in section 303, including support in defending
against civil and criminal prosecution in jurisdictions outside
the United States.''.
SEC. 129. PERFORMANCE-BASED MEASUREMENT REPORTING REQUIREMENTS FOR
INTERNATIONAL EXCHANGE PROGRAMS.
Section 112 of the Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2460) is amended by adding at the end the following:
``(h) Report on Secondary School Academic Year Exchange Programs.--
Not later than 90 days after the date of the enactment of the Foreign
Relations Authorization Act, Fiscal Years 2012 and 2013, and annually
thereafter, the President shall submit a report to the Chairman of the
Committee on Foreign Affairs of the House of Representatives and the
Chairman of the Committee on Foreign Relations of the Senate that
describes the performance of the secondary school programs for
international students of the Bureau, including--
``(1) a description of each J-visa secondary exchange
program and the objectives of each exchange;
``(2) the number of exchange student participants during
the past year;
``(3) the total amount of Federal expenditures for such
exchanges;
``(4) the total amount of fee-based income;
``(5) a description of duplicative programs;
``(6) the number of sponsor organizations that are
designated by the Department of State to run international
secondary school exchange programs;
``(7) a list of sponsor organizations against whom action
has been taken by the Department of State, and the
organizations' remedial efforts, if any;
``(8) the types and number of incidents reported to the
Bureau's Office of Private Sector Exchange involving an
international student;
``(9) the number of incidents per sponsoring organization
that the Office of Private Sector Exchange has been made aware
of, including serious problems or controversies such as the
death of a student, an accident, an arrest, reports of sexual
harassment and abuse, placement in substandard housing,
placements with repeat sexual or other abuse offenders, and
complaints logged against such repeat offender hosts;
``(10) the number of complaints reported to the Office of
Private Sector Exchange by a student, host family, natural
parent, or an interested citizen regarding the performance by a
sponsor of its responsibilities in the conduct of its
designated exchange visitor program as set forth in the
Exchange Visitor Program Regulations;
``(11) the number of visa designation compliance auditing
site visits made by United States Government officials to
sponsoring organizations running or participating in
international exchange programs, excluding routine contacts
between staff and officials of the Bureau and sponsoring
organizations as part of program management activities;
``(12) the number of Department of State personnel
responsible for conducting the audits described in paragraph
(11) and the documentation and follow up of the information
gathered in such audits;
``(13) a survey of international secondary school academic
year participants to determine their outlook and obtain their
recommendations regarding their experiences with such programs;
``(14) an analysis of the implementation of new rules,
procedures, regulations, or reforms enacted by the Department
of State for the secondary school J-visa exchange program;
``(15) the average academic year cost per international
secondary school participant;
``(16) the numbers of hours program staff members and
volunteers of the exchange program designated organizations are
trained in secondary school academic year youth exchange
oversight and monitoring and J-visa compliance, and by what
type of resource; and
``(17) an analysis of best practices in the areas of
recruitment and selection of host parents, program management
of sponsor organizations, and other related issues used to run
these international exchange programs.''.
SEC. 130. TRANSFER OF VIETNAM EDUCATION FOUNDATION TO THE DEPARTMENT OF
STATE.
(a) Purposes.--Section 202 of the Vietnam Education Foundation Act
of 2000 (22 U.S.C. 2452 note) is amended by adding at the end the
following:
``(3) To support the development of 1 or more academic
institutions in Vietnam by providing financial assistance to
United States institutions of higher education and not-for-
profit organizations to participate in the governance,
management, and academic activities of such academic
institutions.''.
(b) Definitions.--Section 203 of such Act is amended--
(1) by striking paragraph (1) and inserting the following:
``(1) Advisory committee.--The term `Advisory Committee'
means the Vietnam Education Foundation Advisory Committee
established under section 205.'';
(2) by redesignating paragraph (4) as paragraph (6);
(3) by redesignating paragraph (3) as paragraph (4);
(4) by inserting after paragraph (2) the following:
``(3) Fund.--The term `Fund' means the Vietnam Debt
Repayment Fund established under section 207;''; and
(5) by inserting after paragraph (4) the following:
``(5) Secretary.--The term `Secretary' means the Secretary
of State.''.
(c) Establishment.--Section 204 of such Act is amended--
(1) by inserting ``, within the Bureau of Educational and
Cultural Affairs of the Department of State,'' after
``established''; and
(2) by striking ``as an independent'' and all that follows
through ``Code''.
(d) Replacement of Board of Directors With Advisory Committee.--
Section 205 of such Act is amended to read as follows:
``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.
``(a) Establishment.--
``(1) In general.--There shall be established a Vietnam
Education Foundation Advisory Committee, which shall provide
advice to the Secretary and the Assistant Secretary for
Educational and Cultural Affairs regarding the Foundation's
activities.
``(2) Membership.--The Advisory Committee shall be composed
of 7 members, of whom--
``(A) 3 shall be appointed by the Secretary;
``(B) 1 shall be appointed by the majority leader
of the Senate;
``(C) 1 shall be appointed by the minority leader
of the Senate;
``(D) 1 shall be appointed by the Speaker of the
House of Representatives; and
``(E) 1 shall be appointed by the minority leader
of the House of Representatives.
``(3) Appointment of incumbent members of board of
directors.--Members appointed to the Advisory Committee may
include individuals who were members of the Board of Directors
of the Foundation on the date immediately preceding the date on
which the Advisory Committee was established.
``(b) Supervision.--The Foundation shall be subject to the
supervision and direction of the Secretary, working through the
Assistant Secretary for Educational and Cultural Affairs, and in
consultation with the Advisory Committee.''.
(e) Fellowship Program.--Section 206(a)(1)(A) of the Vietnam
Education Foundation Act of 2000 (22 U.S.C. 2452 note) is amended by
striking ``technology, and computer sciences'' and inserting ``academic
computer science, public policy, management, and other applied academic
disciplines relevant to Vietnam's development''.
(f) Vietnam Debt Repayment Fund.--Section 207 of such Act is
amended--
(1) in subsection (a), by striking ``(in this subsection
referred to as the `Fund')''; and
(2) in subsection (c)--
(A) by striking paragraphs (1) and (2) and
inserting the following:
``(1) In general.--During each of the fiscal years 2011
through 2018, $5,000,000 of the amounts in the Fund shall be
available, in accordance with paragraph (2), for expenditure
by--
``(A) the Foundation;
``(B) institutions of higher education (as defined
in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))); and
``(C) not-for-profit organizations engaged in the
promotion of institutional innovation in Vietnamese
higher education.
``(2) Disbursement.--The Secretary of the Treasury, upon
the request of the Secretary, shall transfer amounts made
available under paragraph (1) to--
``(A) the Foundation for the purpose of carrying
out this title;
``(B) institutions of higher education selected by
the Secretary for the purpose of establishing 1 or more
academic institutions in Vietnam with graduate level
programs in public policy, management, and related
fields; and
``(C) not-for-profit organizations for the purpose
of establishing a new, independent Vietnamese academic
institution.''; and
(B) in paragraph (3), by striking ``to the
Foundation under paragraph (1)'' and inserting ``under
this subsection''.
(g) Appointment of Executive Director.--Section 208(a) of such Act
is amended--
(1) in the subsection heading, by striking ``by Board'';
(2) by striking ``There'' and inserting the following:
``(1) In general.--There'';
(3) by striking ``shall be appointed by the Board'' and
inserting ``may be appointed by the Secretary, in consultation
with the Advisory Committee,''; and
(4) by striking ``The Executive Director shall be'' and all
that follows and inserting the following:
``(2) Duties.--The Executive Director--
``(A) shall be the Chief Executive Officer of the
Foundation;
``(B) shall serve the Advisory Committee;
``(C) shall carry out the functions of the
Foundation subject to the supervision and direction of
the Secretary;
``(D) shall carry out such other functions,
consistent with the provisions of this title as the
Secretary may prescribe.''.
(h) Conforming Amendments.--The Vietnam Education Foundation Act of
2000 (22 U.S.C. 2452 note) is amended--
(1) in section 206(e), by striking ``Board'' and inserting
``Secretary'';
(2) in section 207(d), by striking ``Board'' and inserting
``Secretary'';
(3) in section 208(d), by striking ``Board'' and inserting
``Secretary''; and
(4) in section 209--
(A) in subsection (a)(4), by striking ``a majority
of the members of the Board'' and inserting ``the
Secretary''; and
(B) in subsection (b), by striking ``Board'' and
inserting ``Secretary''.
(i) Mutual Educational and Cultural Exchange Act of 1961.--Section
112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22
U.S.C. 2460(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``but not limited to'';
(2) in paragraph (8), by striking ``and'' at the end;
(3) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(10) programs administered by the Vietnam Education
Foundation.''.
(j) Transfer of Functions.--
(1) In general.--All functions and assets of the Vietnam
Education Foundation, as of the day before the date of the
enactment of this Act, are transferred to the Bureau of
Educational and Cultural Affairs of the Department of State.
(2) Personnel.--The Assistant Secretary for Educational and
Cultural Affairs may hire--
(A) personnel who were employed by the Vietnam
Education Foundation on the day before the date of the
enactment of this Act; and
(B) such other personnel as may be necessary to
support the Foundation, in accordance with part III of
title 5, United States Code (5 U.S.C. 2101 et seq.).
(k) Support for Institutional Innovation in Vietnam.--
(1) Grants authorized.--The Secretary of State, acting
through the Assistant Secretary for Educational and Cultural
Affairs, may award 1 or more grants, for the purposes set forth
in paragraph (2), to--
(A) institutions of higher education (as defined in
section 101(a) of the Higher Education Act of 1965 (20
U.S.C. 1001(a))); and
(B) not-for-profit organizations engaged in the
promotion of institutional innovation in Vietnamese
higher education.
(2) Use of funds.--Grant funds awarded under paragraph (1)
shall be used to establish 1 or more academic institutions in
Vietnam, with graduate level programs in public policy,
management, and related fields, that--
(A) support the equitable and sustainable
socioeconomic development of Vietnam;
(B) feature teaching and research components;
(C) promote the development of institutional
capacity and innovation in Vietnam;
(D) operate according to core principles of good
governance; and
(E) are autonomous from the Government of Vietnam.
(3) Application.--
(A) In general.--Each institution of higher
education and not-for-profit organization desiring a
grant under this subsection shall submit an application
to the Secretary of State at such time, in such manner,
and accompanied by such information as the Secretary
may reasonably require.
(B) Competitive basis.--The process for selecting
grantees under this subsection shall conform to--
(i) the requirements set forth under the
Mutual Educational and Cultural Exchange Act of
1961 (22 U.S.C. 2451); and
(ii) established Federal assistance award
procedures of the Bureau of Educational and
Cultural Affairs of the Department of State.
(4) Source of grant funds.--The Secretary of State may use
amounts from the Vietnam Debt Repayment Fund made available
under section 207(c) of the Vietnam Education Foundation Act of
2000 (22 U.S.C. 2452 note) for grants authorized under this
subsection.
(5) Annual report.--The Secretary of State shall submit an
annual report to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs of the House of
Representatives that summarizes the activities carried out
under this subsection during the most recent fiscal year.
(l) Effective Date.--This section, and the amendments made by this
section, shall take effect on the date that is 90 days after the date
of the enactment of this Act.
Subtitle C--Consular Services and Related Matters
SEC. 141. PROTECTIONS FOR REFUGEES.
(a) Adjustments of Status of Refugees.--Section 209 of the
Immigration and Nationality Act (8 U.S.C. 1159) is amended--
(1) in subsection (a)--
(A) by amending paragraph (1) to read as follows:
``(1) Eligibility.--Any alien who has been admitted to the
United States under section 207 shall, at the end of the 1-year
period described in subparagraph (B), be eligible for
adjustment of status as an immigrant to the United States if--
``(A) the alien's admission has not been terminated
by the Secretary of Homeland Security or the Attorney
General pursuant to such regulations as the Secretary
or the Attorney General may prescribe;
``(B) the alien has been physically present in the
United States for at least 1 year; and
``(C) the alien has not acquired permanent resident
status.'';
(B) in paragraph (2), by striking ``(2) Any alien
who is found upon inspection and examination'' and
inserting ``(2) Effect of adjustment Any alien who is
found''; and
(2) in subsection (c), by adding at the end the following:
``An application for adjustment under this section may be filed
on or after the date that is 3 months before the first date on
which the applicant would be eligible for adjustment under this
section.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 142. SIGNED PHOTOGRAPH REQUIREMENT FOR VISA APPLICATIONS.
Section 221(b) of the Immigration and Nationality Act (8 U.S.C.
1201(b)) is amended by striking ``signed by him''.
SEC. 143. ELECTRONIC TRANSMISSION OF DOMESTIC VIOLENCE INFORMATION TO
VISA APPLICANTS.
Section 833(a)(5)(A) of the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (8 U.S.C. 1375a(a)(5)(A)) is
amended by adding at the end the following:
``(iv) Subject to such regulations as the
Secretary of State may prescribe, mailings
required under this subsection may be
transmitted by electronic means if an applicant
consents to electronic service.''.
SEC. 144. VIDEO CONFERENCE INTERVIEWS.
(a) Pilot Program.--The Secretary of State may develop and conduct
a 2-year pilot program for the processing of tourist visas using secure
remote videoconferencing technology as a method for conducting visa
interviews of applicants. In developing the pilot program, the
Secretary of State shall work with other Federal agencies that use such
secure communications to help ensure security of the videoconferencing
transmission and encryption.
(b) Report.--
(1) In general.--Not later than 1 year after initiating the
pilot program under subsection (a) and not later than 3 months
after the end of the 2-year period referred to in subsection
(a), the Secretary of State shall submit a report on such pilot
program to the appropriate congressional committees.
(2) Contents.--Each report submitted under this subsection
shall--
(A) assess the efficacy and security of using
secure remote videoconferencing technology as a method
for conducting visa interviews of applicants, including
any effect such method may have on an interviewer's
ability to determine an applicant's credibility and
uncover fraud; and
(B) include recommendations on whether or not the
pilot program should be continued, broadened, or
modified.
SEC. 145. VISA INELIGIBILITY FOR INTERNATIONAL CHILD ABDUCTORS.
Section 212(a)(10)(C)(iii) of the Immigration and Nationality Act
(8 U.S.C. 1182(a)(10)(C)(iii)) is amended--
(1) in subclause (I), by adding ``or'' at the end;
(2) in subclause (II), by striking ``; or'' at the end and
inserting a period; and
(3) by striking subclause (III).
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.
(a) In General.--Section 708 of the Foreign Service Act of 1980 is
amended by adding at the end the following:
``(d) The Secretary of State shall ensure that members of the
Service, before receiving assignments that require new and improved
skills--
``(1) receive language, security, area, civilian-military
roles, and other training that is necessary to successfully
execute their responsibilities in their new assignments; and
``(2) have opportunities during their careers to obtain
advanced education and training in academic and other relevant
institutions in the United States and in other countries to
increase the capacity of the Service to fulfill its mission.
``(e) The Secretary of State shall ensure that relevant officers of
the Foreign Service deploying to areas undergoing significant conflict
or considered to be at risk of significant conflict receive appropriate
advanced training in conflict prevention, mitigation, and resolution,
including an understanding of--
``(1) peace processes, negotiations, and decision-making;
``(2) patterns of escalation;
``(3) country- and region-specific issues, including
resource allocation, as contributing factors to peace or
conflict;
``(4) related civilian-military coordination and planning;
and
``(5) how to function successfully when--
``(A) public order has been undermined by
instability; or
``(B) there is no civil authority that can
effectively provide public safety.''.
(b) Report.--Not later than 1 year after the date of the enactment
of this Act, the Secretary shall submit a report to the appropriate
congressional committees that describes the efforts made by the
Department of State to further expand and facilitate conflict
prevention, mitigation, and resolution training, in accordance with
section 703(e) of the Foreign Service Act of 1980, as added by
subsection (a).
SEC. 202. MASS ATROCITIES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the maintenance of global peace and security--
(A) is in the interest of the United States; and
(B) is threatened by acts of genocide and other
mass atrocities against civilians;
(2) several studies, including ``Preventing Genocide: A
Blueprint for U.S. Policymakers,'' published in December 2008
by the Genocide Prevention Task Force, which was co-chaired by
former Secretary of State Madeleine Albright and former
Secretary of Defense William Cohen, offer recommendations to
improve United States capabilities to predict, detect, respond
to, and prevent mass atrocities; and
(3) the enhanced capacity to prevent and address such mass
atrocities is in the humanitarian and strategic interests of
the United States.
(b) Early Warning Assessment.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of State shall submit, to
the appropriate congressional committees, an assessment of--
(1) current methods to monitor indicators of potential mass
atrocities and to identify precursors and patterns of
escalation associated with such crimes against humanity;
(2) capabilities to provide early warnings to relevant
agencies and appropriate congressional committees to reduce the
risk of mass atrocities against civilians; and
(3) bilateral and multilateral tools available to the
United States and the international community to mitigate the
risk of mass atrocities against civilians.
SEC. 203. CRISIS RESPONSE.
(a) Expansion of Personnel Definition.--The Reconstruction and
Stabilization Civilian Management Act of 2008 (title XVI of Public Law
110-417) is amended--
(1) in section 1603 (22 U.S.C. 2734a note), by amending
paragraph (5) to read as follows:
``(5) Personnel.--The term `personnel' means--
``(A) individuals serving in any service described
in section 2101 of title 5, United States Code, other
than in the legislative or judicial branch;
``(B) individuals employed by personal services
contract, including individuals employed pursuant to--
``(i) section 2(c) of the State Department
Basic Authorities Act of 1956 (22 U.S.C.
2669(c)); or
``(ii) section 636(a)(3) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2396(a)(3));
``(C) individuals appointed under section 303 of
the Foreign Service Act of 1980 (22 U.S.C. 3943); and
``(D) locally employed staff who are employed by
participating agencies.''; and
(2) in section 1606(b) (22 U.S.C. 2734a(b)), by inserting
``and to provide any related support'' after ``assign personnel
of such agency''.
(b) Department of State Organization.--Section 62 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2734) is amended by
adding at the end the following:
``(d) Exception to Civil Service Provisions.--
``(1) In general.--The Secretary of State may--
``(A) select and appoint employees without regard
to the provisions of title 5, United States Code,
governing appointment in the competitive service; and
``(B) may fix the basic compensation of such
employees without regard to chapter 51 and subchapter
III of chapter 53 of such title 5.
``(2) Delegation.--The Secretary of State may authorize the
head of any agency to exercise the authority set forth in
paragraph (1).
``(3) Defined term.--In this subsection, the term
`employees' means individuals who--
``(A) qualify as an employee (as defined in section
2105 of title 5, United States Code); and
``(B) are appointed on a time-limited basis solely
to carry out reconstruction and stabilization
activities in accordance with this section.''.
SEC. 204. EMBASSY DESIGN.
(a) Findings.--Congress makes the following findings:
(1) Embassies--
(A) are an important reflection of American values,
openness, ingenuity, and innovation;
(B) should reflect the best of United States
design, architecture, sustainability, and technology;
and
(C) should maintain security as a top priority.
(2) As the Honorable Daniel Patrick Moynihan noted, and as
President John F. Kennedy stated in his address to the
Massachusetts legislature on January 9, 1961, ``It should be
our object to meet the test of Pericles' evocation to the
Athenians . . . We do not imitate--for we are a model to
others.''.
(3) In his seminal memo entitled ``Guiding Principles for
Federal Architecture,'' Senator Moynihan laid out the following
core principles:
(A) ``The policy shall be to provide requisite and
adequate facilities in an architectural style and form
which is distinguished and which will reflect the
dignity, enterprise, vigor, and stability of the
American National Government.''.
(B) ``The development of an official style must be
avoided . . . The advice of distinguished architects,
as a rule, ought to be sought prior to the award of
important design contracts.''.
(C) ``The choice and development of the building
site should be considered the first step of the design
process.''.
(4) The principles set forth in paragraph (3) provide the
foundation for the Design Excellence Program of the General
Services Administration (GSA), which--
(A) establishes nationwide policies and procedures
for selecting distinguished architects and artists for
GSA commissions; and
(B) implements rigorous review processes to produce
facilities and civic artworks of outstanding quality
and value.
(5) Section 401 of the Energy Independence and Security Act
of 2007 (Public Law 110-140) defines a high performance
building as ``a building that integrates and optimizes on a
life cycle basis all major high performance attributes,
including energy conservation, environment, safety, security,
durability, accessibility, cost-benefit, productivity,
sustainability, functionality, and operational
considerations''.
(6) The 2009 report by the American Institute of Architects
entitled ``Design for Diplomacy: New Embassies for the 21st
Century'' states that there was ``significant interest in
developing an approach that would enable architects and
engineers to design embassies that reflected the unique needs
of a site at a foreign post.''.
(7) In the 2007 Center for Strategic and International
Studies report entitled ``The Embassy of the Future,'' the
Embassy of the Future Commission makes the following
statements:
(A) ``The new embassy facilities have in some
places created the perception among some of a fearful
United States, retreating behind high walls and
isolating itself from the people it is trying to
reach.''.
(B) ``The commission believes that it is important
to meet security needs in ways that reflect the new
diplomatic job.''.
(C) ``[S]etbacks, barriers, and other security
features can be designed in ways that integrate
security with the overall building design and
surroundings.''.
(b) Statement of Policy.--It shall be the policy of the United
States to adopt design excellence as a mandate to advance a new
generation of secure, high-performance, sustainable embassies and
diplomatic facilities in support of United States diplomacy.
(c) Sense of Congress on Colocation and Security Requirements.--It
is the sense of Congress that--
(1) the Secretary of State should consider placing United
States Government personnel at locations conducive to
maximizing their use when assessing the necessity and
efficiency of colocating all United States Government personnel
at a single site;
(2) while cost efficiency considerations may justify the
consolidation of multiple Federal departments and agencies in a
single location, such a determination should not be made
without taking into account other crucial policy
considerations;
(3) the Secretary should consider alternative location
arrangements that do not affect the strength and
appropriateness of security arrangements for United States
Government personnel;
(4) security standards must remain uniformly high in all
locations hosting United States Government personnel;
(5) the perimeter distance requirement set forth under
section 606(a)(3) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)(3)) imposes a
uniform security standard for all diplomatic facilities
regardless of country context or specific security needs;
(6) a more thoughtful approach would tailor specific
security requirements, such as perimeter distance requirements,
to particular security considerations in a given country; and
(7) while Congress intends for every country with
diplomatic representation to have a modern, secure, safe, and
functional facility, Congress recognizes the importance of
integrating security and cost with the long-term impact on the
mission of the Department of State.
(d) Diplomatic Facilities Task Force.--
(1) In general.--The Secretary of State shall establish a
diplomatic facilities task force (referred to in this
subsection as the ``task force'') to--
(A) review existing regulations, standards, and
procedures to implement paragraphs (2) and (3) of
section 606(a) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865(a)); and
(B) make appropriate recommendations--
(i) to modify or revoke such regulations,
standards, and procedures; and
(ii) to modify the regulations, standards,
and procedures under such Act.
(2) Composition.--The task force shall be composed of 7
members, of whom--
(A) 3 shall be appointed by the Secretary from
among senior career professionals of the Department of
State with different personnel backgrounds, at least 2
of whom shall be from the Foreign Service;
(B) 3 shall be appointed by the Secretary, in
consultation with the Senate, from among professionals
outside the United States Government with significant
knowledge and experience in construction and security
issues; and
(C) 1 shall be appointed by the Administrator of
the Agency for International Development (USAID) from
among senior foreign service officers of USAID.
(3) Deadline for appointments.--All members of the task
force shall be appointed not later than 60 days after the date
of the enactment of this Act.
(4) Termination.--The task force shall terminate on the
date on which the Secretary submits the assessment required
under subsection (c) to Congress.
(e) Reports.--
(1) Diplomatic facilities task force recommendations.--Not
later than 1 year after the date of the enactment of this Act,
the Secretary of State shall submit a report to the Committee
on Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that describes--
(A) the recommendations made by the diplomatic
facilities task force under subsection (e)(1)(B); and
(B) the impact of such recommendations on the
operations of, and security standards for, United
States diplomatic facilities.
(2) Government accountability office report.--Not later
than 120 days after the submission of the report under
paragraph (1), the Comptroller General of the United States
shall submit a report to the appropriate congressional
committees that contains--
(A) a review of, and comments on, the
recommendations made by the diplomatic facilities task
force under subsection (e)(1)(B); and
(B) the Comptroller General's recommendations for
improving the security standards at all United States
diplomatic facilities.
SEC. 205. CIVILIAN STABILIZATION OPERATIONS.
Section 618 of the Foreign Assistance Act of 1961 (22 U.S.C. 2368)
is amended--
(1) in subsection (a), by striking ``(a) Assistance.--'';
and
(2) by striking subsection (b).
SEC. 206. MAINTENANCE COST SHARING PROGRAM.
Section 604(e)(1) of the Secure Embassy Construction and
Counterterrorism Act of 1999 (22 U.S.C. 4865 note) is amended by
striking ``providing new,'' and inserting ``providing, maintaining,
repairing, and renovating''.
Subtitle B--Foreign Services Overseas Pay Equity
SEC. 211. SHORT TITLE.
This subtitle may be cited as the ``Foreign Service Overseas Pay
Equity Act of 2011''.
SEC. 212. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
(a) Overseas Comparability Pay Adjustment.--
(1) In general.--Chapter 4 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended by
adding at the end the following:
``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
``(a) In General.--A member of the Service who is designated class
1 or below for purposes of section 403 and whose official duty station
is neither in the continental United States nor in a nonforeign area
shall receive, in accordance with the phase-in schedule set forth in
subsection (c), a locality-based comparability payment (stated as a
percentage) equal to the locality-based comparability payment (stated
as a percentage) that would be provided under section 5304 of title 5,
United States Code, if such member's official duty station were in the
District of Columbia.
``(b) Treatment as Basic Pay.--The amount of any locality-based
comparability payment payable to a member of the Service under this
section--
``(1) shall be considered a part of the basic pay of such
member for the purposes described in--
``(A) section 5304(c)(2)(A) of title 5, United
States Code; and
``(B) chapter 8 of this Act; and
``(2) shall be subject to any limitations on pay applicable
to locality-based comparability payments under section 5304 of
title 5, United States Code.
``(c) Phase-In.--The locality-based comparability payment payable
to a member of the Service under this section--
``(1) during the period beginning on the first day of the
first full pay period that is 90 days after the date of the
enactment of this subsection, and ending on the last day of the
last pay period in fiscal year 2009, shall be up to 33.33
percent of the payment which would otherwise apply under
subsection (a);
``(2) during the period beginning on the first day of the
first pay period in fiscal year 2010 and ending on the last day
of the last pay period in fiscal year 2011, shall be up to
66.67 percent of the payment which would otherwise apply under
subsection (a); and
``(3) beginning on the first day of the first pay period in
fiscal year 2012, shall be equal to the payment determined
under subsection (a).
``(d) Nonforeign Area Defined.--In this section, the term
`nonforeign area' means one of the areas listed in section 591.205 of
title 5, Code of Federal Regulations.''.
(2) Conforming amendment.--The table of contents under
section 2 of the Foreign Service Act of 1980 (22 U.S.C. 3901 et
seq.) is amended by inserting after the item relating to
section 414 the following:
``Sec. 415. Overseas comparability pay adjustment.''.
(b) Conforming Amendments Relating to the Foreign Service
Retirement Systems.--
(1) Contributions to the fund.--
(A) In general.--Section 805(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4045(a)) is amended--
(i) in paragraph (1)--
(I) by striking ``7.25 percent''
and inserting ``7 percent''; and
(II) by striking ``The contribution
by the employing agency'' and all that
follows through ``and shall be made''
and inserting ``An equal amount shall
be contributed by the employing
agency'';
(ii) in paragraph (2)--
(I) in subparagraph (A), by
striking ``, plus an amount equal to
.25 percent of basic pay''; and
(II) in subparagraph (B), by
striking ``, plus an amount equal to
.25 percent of basic pay''; and
(iii) in paragraph (3), by striking ``,
plus .25 percent''.
(B) Effective date.--The amendments made by
subparagraph (A) shall take effect on the first day of
the first pay period beginning on or after October 1,
2012 (or during any portion of such pay period).
(2) Computation of annuities.--Section 806(a)(9) of the
Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended
by striking ``is outside the continental United States shall''
and inserting ``was outside the continental United States
during the period beginning on December 29, 2002, and ending on
the day before the first day of the first pay period beginning
on or after October 1, 2011, shall, to the extent that such
computation is based on the basic salary or basic pay of such
member while the member was outside the United States,''.
(3) Entitlement to annuity.--Section 855(a)(3) of the
Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is
amended--
(A) by striking ``section 8414'' and inserting
``section 8415''; and
(B) by striking ``is outside the continental United
States shall'' and inserting ``was outside the
continental United States during the period beginning
on December 29, 2002, and ending on the day before the
first day of the first pay period beginning on or after
October 1, 2012 (or during any portion of such pay
period), shall, to the extent that such computation is
based on the basic salary or basic pay of such member
while the member was outside the United States,''.
(4) Deductions and withholdings from pay.--Section
856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to
read as follows:
``(2) The applicable percentage specified in this paragraph 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.
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.''.
----------------------------------------------------------------------------------------------------------------
(c) Reporting Requirement.--Not later than October 1, 2012, the
Secretary of State shall submit a report to the Committee on Foreign
Relations of the Senate, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Foreign Affairs of
the House of Representatives, and the Committee on Oversight and
Government Reform of the House of Representatives that includes--
(1) an assessment of all allowances provided to members of
the Foreign Service under--
(A) the Foreign Service Act of 1980; or
(B) title 5, United States Code; and
(2) an explanation of how such allowances have been, or
will be, affected by the amendments to the Foreign Service Act
of 1980 made under this Act.
Subtitle C--Other Organization and Personnel Matters
SEC. 221. DEATH GRATUITY.
Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C.
3973(a)) is amended by striking ``at the time of death.'' and inserting
``at level II of the Executive Schedule under section 5313 of title 5,
United States Code, at the time of death except that for employees
compensated under a local compensation plan established under section
408, the amount of such gratuity shall be equal to the greater of 1
year's salary at the time of death or 1 year's basic salary at the
highest step of the highest grade on the local compensation plan from
which the employee was being paid at the time of death.''.
SEC. 222. EXPANSION AND EXTENSION OF ANNUITANT WAIVER FOR RESPONSE
READINESS CORPS.
(a) Amendments to State Department Basic Authorities Act of 1956.--
Section 61(a) of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2733(a)) is amended--
(1) in paragraph (1), by striking ``or to posts vacated''
and inserting ``, to positions in the Response Readiness Corps,
or to posts vacated''; and
(2) in paragraph (2), by striking ``2010'' and inserting
``2012''.
(b) Amendments to Foreign Assistance Act of 1961.--Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1))
is amended--
(1) in subparagraph (A), by striking ``or to posts
vacated'' and inserting ``, to positions in the Response
Readiness Corps, or to posts vacated''; and
(2) in subparagraph (B), by striking ``2010'' and inserting
``2012''.
SEC. 223. LOCALLY EMPLOYED STAFF.
(a) Findings.--Based on information obtained from the April 2009
report from the Office of the Inspector General of the Department of
State and the Broadcasting Board of Governors entitled ``Review of
Locally Employed Staff Compensation Issues'' (Report Number ISP-I-09-
44), Congress makes the following findings:
(1) United States embassies and consulates worldwide retain
over 51,000 locally employed staff under local compensation
plans in about 170 overseas missions. ``The U.S. is falling
behind in providing a competitive compensation package for
locally employed staff that is commensurate with their
experience, technical skills, and responsibilities.''.
(2) The ability of United States overseas missions to
retain locally employed staff and to recruit new, qualified
staff is vital to the success of those missions.
(3) To address differences in the skill levels required for
different categories of locally employed staff positions, the
Inspector General's report recommended that ``separate data and
separate scales should be established for certain types of
employees''.
(4) The current locally employed staff compensation review
process requires improvement, including increasing transparency
and interagency involvement, reducing disparities between the
salary and budget cycles, and improving the use of outmoded and
cumbersome communication technology.
(b) Review.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not less than every 5 years
thereafter, the Secretary of State shall--
(A) review salary and compensation guidelines for
overseas, locally employed staff of the Department of
State;
(B) review--
(i) whether the United States is falling
behind in providing a competitive compensation
package for locally employed staff that is
commensurate with their experience, technical
skills, and responsibilities; and
(ii) the implications for providing average
salary increases that are approximately 60
percent of prevailing practice;
(C) provide recommendations on how to recruit new,
qualified staff; and
(D) provide recommendations for separate data and a
separate pay scale for highly skilled and trained
professional positions.
(2) Compensation database.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of State
shall establish a comprehensive database for salary and
compensation information for such staff, as recommended by the
Office of Inspector General in the report referred to in
subsection (a).
(3) Pay scales for locally employed professionals.--The
review conducted under paragraph (1)(A) shall include a summary
of efforts to address pay scales for locally employed staff to
ensure adequate compensation for professional level positions,
such as medical officers, laboratory management, public health
information technology positions, and other highly skilled
positions.
(c) Guidelines.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall consult with
appropriate congressional committees on proposed guidelines for awards,
pay scales, and compensation of overseas, locally employed staff of the
Department of State, including compensation for loss of life while on
duty.
(d) Locally Employed Staff Defined.--In this section, the term
``locally employed staff'' means employees compensated under local
compensation plans established under section 408 of the Foreign Service
Act of 1980 (22 U.S.C. 3968).
SEC. 224. FOREIGN RELATIONS EXCHANGE PROGRAMS.
Title I of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2651a et seq.) is amended by adding at the end the following:
``SEC. 63. FOREIGN RELATIONS EXCHANGE PROGRAMS.
``(a) In General.--The Secretary may establish exchange programs
under which officers or employees of the Department of State, including
individuals appointed under title 5, United States Code, and members of
the Foreign Service, may be assigned, for a period not to exceed 1
year, to a position with any foreign government or international entity
that permits an employee to be assigned to a position with the
Department of State.
``(b) Salary and Benefits.--
``(1) Foreign service members.--During a period in which a
member of the Foreign Service is participating in an exchange
program authorized under subsection (a), such member shall be
entitled to the salary and benefits to which such member would
be entitled if such member were assigned to an agency,
international organization, or other body under section 503 of
the Foreign Service Act of 1980 (22 U.S.C. 3983).
``(2) Detailees.--An employee of the Department of State
(other than a member of the Foreign Service participating in an
exchange program authorized under subsection (a)) shall be
treated in all respects as if detailed to an international
organization under section 3343(b) of title 5, United States
Code. The salary of such employee shall be the higher of the
salary that the employee would receive but for the assignment
under this section or the salary of the position to which the
employee is assigned.
``(3) Payment.--The salary and benefits of an employee of a
foreign government or international entity participating in a
program established under this section shall be paid by such
government or entity during the period in which such employee
is participating in the program, and shall not be reimbursed by
the Department of State.
``(c) Nonreciprocal Assignments.--The Secretary may authorize a
nonreciprocal assignment of personnel pursuant to this section, with or
without reimbursement from the foreign government or international
entity for all or part of the salary and other expenses payable during
the assignment, if such assignment is in the interests of the United
States.
``(d) Rule of Construction.--Nothing in this section may be
construed to authorize the appointment as an officer or employee of the
United States of--
``(1) an individual whose allegiance is to any country,
government, or foreign or international entity other than the
United States; or
``(2) an individual who has not met the requirements of
sections 3331, 3332, 3333, and 7311 of title 5, United States
Code, and any other provision of law concerning eligibility for
appointment, and continuation of employment, as an officer or
employee of the United States.''.
SEC. 225. ENHANCED PERSONNEL AUTHORITIES FOR THE INSPECTOR GENERAL OF
THE DEPARTMENT OF STATE.
(a) Definitions.--In this section:
(1) Annuitant.--The term ``annuitant'' means an individual
who, based on the service of such individual, is entitled to
benefits under a retirement system for Government employees.
(2) Government employee.--The term ``Government employee''
has the meaning given the term ``employee'' in section 2105(a)
of title 5, United States Code.
(3) Inspector general.--The term ``Inspector General''
means the Inspector General of the Department of State.
(4) Office.--The term ``Office'' means the Office of
Inspector General of the Department of State.
(b) Provisions Relating to Reemployed Annuitants.--
(1) Waiver authority.--Subject to the conditions set forth
in paragraph (3), the Inspector General may waive the
application of any provision of law set forth in paragraph (2)
on behalf of any reemployed annuitant serving in a position
within the Office.
(2) Provisions.--The provisions of law set forth in this
paragraph are--
(A) subsections (a) through (d) of section 8344 of
title 5, United States Code;
(B) subsections (a) through (e) of section 8468 of
title 5, United States Code;
(C) subsections (a) through (d) of section 824 of
the Foreign Service Act of 1980 (22 U.S.C. 4064); and
(D) any other similar provision of law, as
identified by the Inspector General in regulations.
(3) Conditions.--Waiver authority under this subsection may
be exercised only--
(A) on a case-by-case basis; and
(B) if, and for so long as, such waiver--
(i) is necessary due to--
(I) difficulty in the recruitment
or retention of a qualified employee
for the position involved; or
(II) a temporary emergency hiring
need; and
(ii) does not cause the number of employees
within the Office who are exempted from 1 or
more of the provisions of law set forth in
paragraph (2) (whether pursuant to a waiver
under this subsection or otherwise) to exceed,
as of any given date, 25 percent of the total
workforce of the Office, determined on a full-
time equivalent basis.
(4) Other authorities not affected.--The authority under
this subsection is in addition to any other authority available
to the Inspector General to engage individuals as reemployed
annuitants.
(5) Rule of construction.--Nothing in this subsection may
be construed to permit or require that any reemployed annuitant
benefitting from a waiver of a provision of law set forth in
paragraph (2) be treated as a Government employee for purposes
of the retirement system to which such provision relates.
(c) Provisions Relating to Contracts for Personal Services.--
(1) In general.--The Inspector General may contract with
United States citizens for personal services to facilitate and
support the Office's oversight of programs and operations. Such
citizens shall not, by virtue of any such contract, be
considered to be Government employees for purposes of any law
administered, in whole or in part, by the Office of Personnel
Management.
(2) Relation to other laws.--Except as provided in
paragraph (2), this subsection shall not affect any
determination as to whether an individual performing services
pursuant to any contract under this subsection is a Government
employee for purposes of any law of the United States. The
Secretary of State may determine the applicability, with
respect to any such individual, of any law administered, in
whole or in part, by the Secretary.
(3) Conditions.--The Inspector General may not enter into a
personal services contract under this subsection unless--
(A) in the judgment of the Inspector General,
personnel resources of the Office would otherwise be
insufficient;
(B) the contract is for a term of 2 years or less,
unless the Inspector General determines that
exceptional circumstances justify an extension of not
longer than 1 additional year; and
(C) not more than 15 percent of the workforce of
the Office, as of any given date, consists of
individuals serving under personal services contracts
(whether entered into under this subsection or
otherwise), determined on a full-time equivalent basis.
(4) Other authorities not affected.--The authority under
this subsection is in addition to any other authority available
to the Inspector General to engage individuals under a personal
services contract.
(d) Report.--In the Office of Inspector General's semiannual report
to Congress, the Inspector General shall include information on the
hiring of annuitants under this section and the rationale for such
hiring.
SEC. 226. AMENDMENT TO THE FOREIGN SERVICE ACT OF 1980.
Section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) is
amended--
(1) in subsection (c), by striking paragraph (5); and
(2) in subsection (d)(2)--
(A) in subparagraph (D), by adding ``and'' at the
end;
(B) in subparagraph (E), by striking ``; and'' and
inserting a period; and
(C) by striking subparagraph (F).
SEC. 227. OFFICE FOR GLOBAL WOMEN'S ISSUES.
(a) Establishment.--
(1) In general.--There is established, in the Office of the
Secretary of State, the Office for Global Women's Issues
(referred to in this section as the ``Office'').
(2) Staff.--The Secretary of State may assign appropriate
staff with relevant technical and operational expertise to the
Office to carry out the purposes of this section.
(b) Ambassador-at-Large for Global Women's Issues.--The Office
shall be headed by an Ambassador-at-Large for Global Women's Issues
(referred to in this section as the ``Ambassador''), who--
(1) shall be appointed by the President, by and with the
advice and consent of the Senate;
(2) shall report directly to the Secretary of State; and
(3) shall have the rank and status of Ambassador-at-Large.
(c) Duties.--
(1) In general.--The Ambassador is authorized to--
(A) coordinate and advise on activities, policies,
programs, and funding of relevant bureaus and offices
of the Department of State, which relate to--
(i) gender integration;
(ii) women's and girls' economic, social,
and legal development, protection, and
improvement in role and status in societies;
and
(iii) prevention and response to violence
against women and girls, including child
marriage and forced marriage;
(B) promote and advance the full integration of
gender analysis into the programs, structures,
processes, and capacities of the Department of State
and other Federal Government agencies conducting
international programs;
(C) work with relevant offices of the Department of
State to promote the collection, retention, and
analysis of data on programs and activities of the
Department--
(i) to integrate gender into its policies
and programs;
(ii) regarding the protection and economic,
social, and legal development of women and
girls;
(iii) to improve the role and status of
women and girls in societies; and
(iv) to prevent and respond to violence
against women and girls, including child
marriage and forced marriage; and
(D) design, support, and implement relevant
activities and programs regarding international girls'
and women's issues, in coordination with relevant
bureaus and offices of the Department of State.
(2) Coordinating role.--The Ambassador is authorized to--
(A) advise and coordinate with relevant Executive
Branch agencies engaged in international women's
policies and programs, including the Department of
Justice, the Department of Labor, the Department of
Education, the Department of Health and Human Services,
the Department of Agriculture, the Department of
Defense, the Department of Commerce, the United States
Agency for International Development, and the
Millennium Challenge Corporation, on policies,
programs, and funding of such agencies relating to
women's issues in their international programs and
policies; and
(B) work with the relevant Executive Branch
agencies described in subparagraph (A) to compile and
make public comprehensive information about
international programs of the United States Government
relating to--
(i) the economic, social, and legal
development of women and girls;
(ii) the protection of women and girls;
(iii) the improvement of the role and
status of women and girls in societies;
(iv) the prevention of, and response to,
violence against women and girls, including
child marriage and forced marriage; and
(v) the outcomes and effectiveness of such
programs.
(3) Diplomatic representation.--Subject to the direction of
the President and the Secretary of State, the Ambassador is
authorized to represent the United States in matters relevant
to the status of women internationally.
(d) Interagency Cooperation.--
(1) Authorization.--The Ambassador is authorized--
(A) to provide advice and guidance, as appropriate,
to the Federal Government agencies described in
subsection (c)(2)(A); and
(B) on behalf of the Secretary of State, to convene
periodic meetings with other Federal Government
agencies to enhance and ensure effective coordination
of policies, programs, and resources regarding critical
issues related to international women's status and
development.
(2) Sense of the senate.--It is the sense of the Senate
that the heads of the relevant Federal Government agencies
described in subsection (c)(2)(A) should ensure effective
implementation and coordination of all international women's
policies and programs by sharing information with the Office on
programs described in subsection (c)(2)(B) on an annual basis.
(e) Congressional Briefings.--Not later than 6 months after the
date of the enactment of this Act, and annually thereafter, the
Ambassador shall brief Congress on the integration of gender
considerations into its strategies, programming, and associated
outcomes, and interagency cooperation.
(f) Statement of Policy.--The United States Government remains
committed to programs that seek to eliminate sex-selective abortion,
coercive abortion, and involuntary sterilization.
(g) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary for each of the fiscal years
2012 through 2016 to carry out the activities authorized under this
section.
SEC. 228. UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT WOMEN'S
DEVELOPMENT ADVISOR.
(a) Establishment.--
(1) In general.--There is established, within the Office of
the Administrator of the United States Agency for International
Development (referred to in this section as ``USAID''), the
Senior Coordinator for Gender Equality and Women's Empowerment
(referred to in this section as the ``Coordinator''). The USAID
Administrator may assign appropriate staff with relevant
technical and operational expertise to the Coordinator as may
be needed to assist the Coordinator in carrying out the
purposes of this section.
(2) Support staff.--The Office of Gender Equality and
Women's Empowerment shall report programmatically to the
Coordinator. A Senior Gender Advisor shall be appointed within
the Policy, Planning, and Learning Bureau to help provide
internal policy guidance and oversight ensuring gender
integration throughout the USAID. The USAID Administrator may
assign additional staff with technical and operational
expertise to assist the Senior Gender Advisor in carrying out
the purposes of this section.
(b) Duties.--
(1) In general.--The Coordinator is authorized--
(A) to participate in high level strategic policy,
planning, operations, and evaluations throughout all
regional and functional disciplines of USAID;
(B) to coordinate and advise USAID efforts to
integrate gender in foreign assistance design,
strategy, and programs;
(C) to help shape efforts to promote gender
equality and women's empowerment, including--
(i) programs promoting gender integration;
(ii) women's and girls' economic, social,
and legal advancement and protection; and
(iii) efforts to combat sexual and gender-
based violence; and
(D) to collect and make publicly available data and
analysis on gender integration activities, women's
development, and strategies for gender-based violence
prevention and response, in accordance with agency-wide
mechanisms for data collection, monitoring, and
evaluation.
(2) Diplomatic representation.--Subject to the direction of
the President and the USAID Administrator, the Coordinator is
authorized to represent the United States in matters relevant
to the status of women internationally.
(c) Congressional Briefings.--Not later than 6 months after the
date of the enactment of this Act, and annually thereafter, the USAID
Administrator or the Coordinator shall provide information to Congress
that describes the status of efforts to integrate attention to gender,
women's development, and gender-based violence prevention and response
into USAID strategies, programming, and associated outcomes.
SEC. 229. HOME LEAVE.
(a) Home Leave Travel for Family Members.--Section 901(2) of the
Foreign Service Act of 1980 (22 U.S.C. 4081(2)) is amended to read as
follows:
``(2) authorized or required home leave, including optional
home leave travel, in an amount that does not exceed the cost,
per person, of the member of the Service, by--
``(A) family members residing at the employee's
post of assignment; and
``(B) family members residing at other authorized
locations because they are prevented by official order
from residing at post;''.
(b) Home Leave Technical Amendment.--Section 903(a) of the Foreign
Service Act of 1980 (22 U.S.C. 4083(a)) is amended by striking ``18
months of continuous service abroad'' and inserting ``12 months of
continuous service abroad (or after a shorter period of such service if
the member's assignment is terminated for the convenience of the
Service)''.
SEC. 230. TRAINING SUPPORT SERVICES.
Section 704(a)(4)(B) of the Foreign Service Act of 1980 (22 U.S.C.
4024(a)(4)(B)) is amended--
(1) by inserting ``education and training specialists,
including'' after ``to serve as''; and
(2) by striking ``other academic and training specialists''
and inserting ``other specialists who perform work directly
relating to the design, delivery, oversight, or coordination of
training delivered by the institution''.
SEC. 231. EXTENSION OF PASSPORT SURCHARGE.
Section 1(b) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b))
is amended--
(1) by striking paragraph (2); and
(2) by redesignating paragraph (3) as paragraph (2).
SEC. 232. BORDER CROSSING CARD FEE FOR MINORS.
Section 410(a)(1)(A) of the Department of State and Related
Agencies Appropriations Act, 1999 (title IV of division A of Public Law
105-277) is amended by striking ``a fee of $13'' and inserting ``a fee
equal to \1/2\ of the fee that would otherwise apply for processing a
machine readable combined border crossing identification card and
nonimmigrant visa''.
TITLE III--INTERNATIONAL ORGANIZATIONS
SEC. 301. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS.
(a) Sense of Congress.--It is the sense of Congress that the
Secretary should--
(1) ensure that the Department of State is able to
appropriately staff United States missions both within the
United States and abroad that are dedicated to representing the
United States to international organizations and multilateral
institutions, including missions in New York, Brussels, Geneva,
Rome, Montreal, Nairobi, Vienna, and Paris;
(2) train persons with the specialized skills that are
necessary to become experts in multilateral diplomacy in order
to fill the many positions in the United States and abroad that
are dedicated to this specialty; and
(3) consider as a factor for promotions whether a member of
the Foreign Service has served in a position whose primary
responsibility is to formulate policy toward, or represent the
United States at, an international organization, a multilateral
institution, or a broad-based multilateral negotiation of an
international instrument.
SEC. 302. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO
INTERNATIONAL ORGANIZATIONS.
In accordance with section 404 of the Foreign Relations
Authorization Act of 2003 (Public Law 107-228; 116 Stat. 1389), there
are authorized to be appropriated such sums as may be necessary for the
synchronization of United States contributions to international
organizations.
SEC. 303. PEACEKEEPING CONTRIBUTIONS.
Section 404(b)(2)(B) of the Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995 (Public Law 103-236; 22 U.S.C. 287e note),
is amended by adding at the end the following:
``(vi) For assessments made during calendar
year 2011 and thereafter, 27.5 percent.''.
SEC. 304. UNITED STATES PARTICIPATION IN THE INTER-PARLIAMENTARY UNION.
(a) In General.--Notwithstanding section 2503 of the Foreign
Affairs Reform and Restructuring Act of 1998 (division G of Public Law
105-277; 22 U.S.C. 276 note), the Secretary of State is authorized--
(1) to facilitate the readmission and participation of the
United States in the Inter-Parliamentary Union; and
(2) to pay expenses to meet the annual obligations of
membership in the Inter-Parliamentary Union, in accordance with
the assessments determined by the Governing Council.
(b) Representation.--Notwithstanding section 2503 of the Foreign
Affairs Reform and Restructuring Act of 1998 (division G of Public Law
105-277; 22 U.S.C. 276 note), the majority leader of the Senate, in
consultation with the minority leader of the Senate, and the Speaker of
the House of Representatives, in consultation with the minority leader
of the House of Representatives, are authorized to designate Members of
Congress to serve as delegates to the Assembly of the Inter-
Parliamentary Union.
SEC. 305. PROVISION OF LIVING QUARTERS AND ALLOWANCES TO THE UNITED
STATES REPRESENTATIVES TO THE UNITED NATIONS.
Section 9 of the United Nations Participation Act of 1945 (22
U.S.C. 287e-1) is amended to read as follows:
``Sec. 9. (a) The Secretary of State, under such regulations as the
Secretary shall prescribe, and notwithstanding subsections (a) and (b)
of section 3324 of title 31, United States Code, and section 5536 of
title 5, United States Code, may--
``(1) make available, to the Permanent Representative of
the United States to the United Nations and the Deputy
Permanent Representative of the United States to the United
Nations--
``(A) living quarters leased or rented by the
United States for a period not longer than 10 years;
and
``(B) allowances for unusual expenses incident to
the operation and maintenance of such living quarters
that are similar to expenses authorized under section
5913 of title 5, United States Code;
``(2) make available living quarters in New York leased or
rented by the United States for--
``(A) a period not longer than 10 years to other
United States representatives to the United Nations and
to not more than 2 employees who serve at the pleasure
of the Permanent Representative of the United States to
the United Nations; and
``(B) a period not longer than 5 years to not more
than 35 members of the Foreign Service assigned to the
United States Mission to the United Nations; and
``(3) provide an allowance, as the Secretary considers
appropriate, to each Delegate and Alternate Delegate of the
United States to any session of the General Assembly of the
United Nations who is not a permanent member of the staff of
the United States Mission to the United Nations, in order to
compensate each such Delegate or Alternate Delegate for
necessary housing and subsistence expenses with respect to
attending any such session.
``(b) The Secretary of State may not make available living quarters
or allowances under subsection (a) to an employee who is occupying
living quarters that are owned by such employee.
``(c) Living quarters and allowances provided under subsection (a)
shall be considered for all purposes as authorized under--
``(1) chapter 9 of title I of the Foreign Service Act of
1980 (22 U.S.C. 4081 et seq.); and
``(2) section 5913 of title 5, United States Code.
``(d) The Inspector General of the Department of State shall--
``(1) periodically review the administration of this
section to achieve cost savings; and
``(2) develop appropriate recommendations for the Secretary
of State regarding the administration of this section.''.
SEC. 306. RECRUITMENT AND RETENTION OF UNITED STATES CITIZENS IN
INTERNATIONAL ORGANIZATIONS.
(a) In General.--The Secretary shall continue efforts to increase
the number of qualified United States citizens employed by the United
Nations and by other international organizations.
(b) Duties of the Secretary.--Not later than 90 days after the date
of the enactment of this Act, the Secretary--
(1) shall develop, recruit, and maintain a roster of
qualified United States candidates for professional positions
and senior positions at the United Nations and other
international organizations, including those related to United
Nations peacekeeping operations;
(2) shall designate an employee of the Department of
State--
(A) to closely monitor job openings at the United
Nations and other international organizations; and
(B) to connect those job openings with United
States citizens listed on the roster described in
paragraph (1) or through other mechanisms;
(3) should establish a program that sponsors Junior
Professional Officers and Associate Expert positions, similar
to the support provided to such positions by Austria, Canada,
Switzerland, and the United Kingdom; and
(4) shall update, as appropriate, reports to the
appropriate congressional committees that describe the measures
being taken by the Department of State to facilitate the
recruitment of qualified United States citizens for employment
at the United Nations and other international organizations.
(c) Duties of the Secretary of the Treasury.--Not later than 90
days after the date of the enactment of this Act, the Secretary of the
Treasury, in consultation with the Secretary of State, shall--
(1) develop, recruit, and maintain a roster of qualified
United States candidates for professional positions and senior
positions at international financial institutions (referred to
in this subsection as ``IFIs''), including the World Bank, the
International Monetary Fund, and other regional development
banks;
(2) designate an employee of the Department of the Treasury
or the Department of State--
(A) to closely monitor job openings at IFIs;
(B) to provide public notice of these openings, to
the extent possible; and
(C) to connect such job openings with United States
citizens who are listed on the roster described in
paragraph (1) or who are otherwise eligible;
(3) update, as appropriate, reports to the appropriate
congressional committees that describe the measures being taken
by the Department of the Treasury and the Department of State
to facilitate the recruitment of qualified United States
citizens for employment at IFIs; and
(4) coordinate with the employee designated in paragraph
(2) to facilitate awareness of openings at international
organizations and IFIs.
SEC. 307. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL RENEWABLE
ENERGY AGENCY.
(a) In General.--The President is authorized--
(1) to accept the terms and conditions of the Statute of
the International Renewable Energy Agency (referred to in this
section as the ``Agency''); and
(2) to maintain membership of the United States in the
Agency.
(b) Payments of Assessed Contributions.--For fiscal year 2012 and
each fiscal year thereafter, United States assessed contributions to
the Agency may be paid from amounts appropriated under the heading
``Contributions to International Organizations''.
TITLE IV--MISCELLANEOUS PROVISIONS
SEC. 401. LIMITATION ON ASSISTANCE TO GOVERNMENTS OF COUNTRIES IN
DEFAULT.
(a) Foreign Assistance Act of 1961.--Section 620(q) of the Foreign
Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended--
(1) by striking ``any country'' and inserting ``the
government of any country'';
(2) by striking ``such country'' each place it appears and
inserting ``such government''; and
(3) by striking ``six calendar months'' and inserting ``1
year''.
(b) Arms Export Control Act.--Chapter 4 of the Arms Export Control
Act (22 U.S.C. 2791 et seq.), is amended--
(1) by redesignating section 47 as section 48; and
(2) by inserting after section 46 the following:
``SEC. 47. LIMITATION ON ASSISTANCE TO GOVERNMENTS OF COUNTRIES IN
DEFAULT.
``No assistance may be furnished under section 23 of this Act to
the government of any country which is in default, during a period
exceeding 1 year, in payment to the United States of principal or
interest on any loan made to the government of such country under this
Act, unless--
``(1) such government meets its obligations under the loan;
or
``(2) the President--
``(A) determines that assistance to such country is
in the national interest of the United States; and
``(B) notifies the Speaker of the House of
Representatives and the Committee on Foreign Relations
of the Senate of such determination.''.
SEC. 402. INCREASED AUTHORITY TO PROVIDE ASSISTANCE FOR LAW ENFORCEMENT
FORCES.
(a) Police Training.--Section 660 of the Foreign Assistance Act of
1961 (22 U.S.C. 2420) is amended--
(1) in subsection (b)--
(A) in paragraph (4), by striking ``or'' at the
end;
(B) in paragraph (6), by striking ``, and the
provision of professional'' and all that follows
through the semicolon at the end and inserting ``,
including any regional, district, municipal, or other
subnational entity emerging from instability;'';
(C) in paragraph (7), by striking the period at the
end and inserting a semicolon; and
(D) by adding at the end the following:
``(8) with respect to the provision of professional
training, including training in internationally recognized
standards of human rights and the rule of law;
``(9) with respect to assistance to foster civilian police
roles that support democratic governance and foster improved
police-community relations;
``(10) with respect to assistance to combat trafficking in
persons, address sexual and gender-based violence, reduce
corruption, prevent conflict, and respond to disasters;
``(11) with respect to assistance to address inhumane
conditions in prisons and other detention facilities
administered by foreign governments that are making efforts to
address the health, sanitation, nutrition, and other basic
needs of prisoners;
``(12) with respect to assistance provided for prisoners
for humanitarian or development purposes; or
``(13) with respect to assistance to support humanitarian
operations and activities.''; and
(2) by amending subsection (d) to read as follows:
``(d) Assistance under chapter 4 of part II that is otherwise
prohibited under subsection (a) may be provided to a country if the
Secretary determines and certifies to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives that such assistance is in the national
interest of the United States.''.
(b) Administration of Justice.--Section 534 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2346c) is amended--
(1) in subsection (a), by striking ``in countries in Latin
America and the Caribbean'';
(2) in subsection (b)(3)--
(A) in subparagraph (C), by striking ``and'' at the
end;
(B) in subparagraph (D), by inserting ``and'' after
the semicolon; and
(C) by adding at the end the following:
``(E) programs to enhance the protection of
participants in judicial cases;'';
(3) by striking subsection (c);
(4) in subsection (e), by striking the second and third
sentences; and
(5) by redesignating subsections (d) and (e) as subsections
(c) and (d), respectively.
SEC. 403. BUILDING PUBLIC AWARENESS AND DIALOGUE.
Section 122 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151t)
is amended by inserting at the end the following:
``(f)(1) The Administrator of the United States Agency for
International Development is authorized--
``(A) to encourage the people of the United States to
further dialogue and understanding of development, humanitarian
assistance, and foreign assistance programs; and
``(B) to facilitate widespread public discussion, analysis,
and review of the issues addressed in the final report of the
Helping to Enhance the Livelihood of People Around the Globe
Commission (HELP Commission), issued in December 2007, with
special regard to the HELP Commission's call to encourage
Executive agencies to more fully explain United States
development activities to the American people in order to raise
the American people's understanding about and support for
foreign assistance.
``(2) In addition to funds otherwise available for such purposes,
not more than $1,000,000 of the amounts made available each fiscal year
for the purposes of this chapter may be used to ensure effective
engagement with the American people in understanding and promoting
public understanding of development, humanitarian assistance, and
foreign assistance programs.''.
SEC. 404. EXCEPTION TO CERTAIN MULTIPLE AWARD CONTRACT REQUIREMENTS.
Chapter 1 of part III of the Foreign Assistance Act of 1961, as
amended by section 705, is further amended by adding at the end the
following new section:
``SEC. 620P. USAID EXCEPTION TO CERTAIN MULTIPLE AWARD CONTRACT
REQUIREMENTS.
``In entering into any multiple award task order or indefinite
delivery or indefinite quality contract, the Administrator of the
United States Agency for International Development may provide an
exception to the fair opportunity process for placing task orders under
such contracts when the order is placed with any category of small or
small disadvantaged business.''.
SEC. 405. MILLENNIUM CHALLENGE ASSISTANCE.
(a) Extension of Compacts.--Section 609(j) of the Millennium
Challenge Act of 2003 (22 U.S.C. 7708(j)) is amended to read as
follows:
``(j) Extension of Compact.--
``(1) In general.--Except as provided under paragraph (2),
the duration of a Compact shall not exceed 5 years.
``(2) Exception.--The duration of a Compact may be extended
beyond 5 years if the Board--
``(A) determines that a project included in the
Compact cannot be completed in 5 years or less; and
``(B) approves an extension of the Compact that
does not extend the total duration of the Compact
beyond 7 years.''.
(b) Concurrent and Subsequent Compacts.--Section 609(k) of such Act
(22 U.S.C. 7708(k)) is amended to read as follows:
``(k) Concurrent and Subsequent Compacts.--
``(1) In general.--Subject to paragraph (2), and in
accordance with the requirements of this title, an eligible
country and the United States--
``(A) may enter into, and have in effect, more than
1 Compact at any given time; and
``(B) may enter into subsequent Compacts after the
expiration of existing Compacts.
``(2) Requirements.--An eligible country and the United
States may enter into concurrent Compacts if the Board
determines that such country--
``(A) is making significant, consistent progress in
implementing the terms of any existing Compacts; and
``(B) will contribute--
``(i) in the case of a candidate country
(as defined in section 606(a)), not less than
7.5 percent of the total amount agreed upon for
a subsequent Compact; or
``(ii) in the case of a candidate country
(as defined in section 606(b)), not less than
15 percent of the total amount agreed upon for
a subsequent Compact.
``(3) Funding.--The Corporation shall commit any funding
for a concurrent Compact at the time the Corporation funds the
Compact.
``(4) Timing.--A concurrent Compact shall be signed not
later than 2 years after the date on which the earlier compact
was signed.
``(5) Limitation on compacts.--The Corporation shall
provide not more than 15 years of Compact funding to any
country.''.
(c) Applicability.--The amendments made by subsections (a) and (b)
shall apply with respect to Compacts entered into between the United
States and an eligible country under the Millennium Challenge Act of
2003 (22 U.S.C. 7701 et seq.) before, on, or after the date of the
enactment of this Act.
(d) Status of Countries as Candidate Countries Under the Millennium
Challenge Act of 2003.--Section 606 of the Millennium Challenge Act of
2003 (22 U.S.C. 7705) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by amending the paragraph heading to
read as follows:
``(1) In general.--'';
(ii) in the matter preceding subparagraph
(A), by striking ``fiscal year 2004'' and
inserting ``a fiscal year'';
(iii) by amending subparagraph (A) to read
as follows:
``(A) the country--
``(i) has a per capita income that is not
greater than the World Bank's lower middle
income country threshold for such fiscal year;
and
``(ii) is among the 75 lowest per capita
income countries, as identified by the World
Bank; and''; and
(iv) in subparagraph (B), by striking
``subject to paragraph (3)'' and inserting
``subject to paragraph (2)'';
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as paragraph
(2);
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph
(A), by striking ``for fiscal year 2006 or a
subsequent fiscal year'' and inserting ``for
any fiscal year''; and
(ii) by striking subparagraphs (A) and (B)
and inserting the following:
``(A) has a per capita income that is not greater
than the World Bank's lower middle income country
threshold for such fiscal year;
``(B) is not among the 75 lowest per capita income
countries as identified by the World Bank; and
``(C) meets the requirements under subsection
(a)(1)(B).''; and
(B) in paragraph (2)--
(i) by striking ``for fiscal year 2006 or
any subsequent fiscal year'' and inserting
``for any fiscal year''; and
(ii) by striking ``for fiscal year 2006 or
the subsequent fiscal year, as the case may
be'' and inserting ``for such fiscal year'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following:
``(c) Maintaining Candidate Status.--Beginning in fiscal year 2012,
a country the per capita income of which changes during a fiscal year
so that the country no longer meets the requirements for being a
candidate country under subsection (a)(1) or (b)(1) shall,
notwithstanding that change in per capita income, continue to be
eligible to be a candidate country under subsection (a)(1) or (b)(1)
(as the case may be) during that fiscal year and the 3 fiscal years
thereafter to the same extent and in the same manner as if the per
capita income of the country had not changed.''.
SEC. 406. ENHANCING THE CAPACITY OF THE OFFICE OF THE INSPECTOR GENERAL
FOR THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.
(a) Provisions Relating to Reemployed Annuitants.--
(1) Waiver authority.--To facilitate the assignment of
persons to positions in Iraq, Pakistan, and Afghanistan, or to
positions vacated by members of the Foreign Service assigned to
Iraq, Pakistan, and Afghanistan, the Inspector General of the
United States Agency for International Development (referred to
in this section as the ``Inspector General'') may, subject to
paragraph (3), waive the application of the provisions of law
set forth in paragraph (2) on behalf of any reemployed
annuitant serving in a position within the Office of Inspector
General.
(2) Provisions.--The provisions of law set forth in this
paragraph are--
(A) subsections (a) through (d) of section 8344 of
title 5, United States Code;
(B) subsections (a) through (e) of section 8468 of
such title; and
(C) subsections (a) through (d) of section 824 of
the Foreign Service Act of 1980 (22 U.S.C. 4064).
(3) Conditions.--Waiver authority under this subsection may
be exercised only--
(A) on a case-by-case basis; and
(B) if, and for so long as, such waiver is
necessary due to--
(i) difficulty in the recruitment or
retention of a qualified employee for the
position involved; or
(ii) a temporary emergency hiring need.
(4) Sunset.--
(A) In general.--This subsection is repealed on
October 1, 2014.
(B) Effect of repeal.--An annuitant reemployed
before October 1, 2014, pursuant to the waiver under
paragraph (1), may continue such employment until not
later than September 30, 2015.
(b) Provisions Relating to Contracts for Personal Services.--
(1) In general.--The Inspector General may contract with
United States citizens for personal services to facilitate and
support the Office's oversight of programs and operations. Such
citizens shall not, by virtue of any such contract, be
considered to be employees of the Federal Government for
purposes of any law administered, in whole or in part, by the
Office of Personnel Management.
(2) Relation to other laws.--Nothing in this subsection may
be construed to affect any determination as to whether an
individual performing services pursuant to any contract under
this subsection is a Government employee for purposes of any
law of the United States. The Administrator of the United
States Agency for International Development may determine the
applicability, with respect to any such individual, of any law
administered, in whole or in part, by the Administrator.
(3) Conditions.--The Inspector General may not enter into a
personal services contract under this subsection unless--
(A) the Inspector General determines that the
personnel resources of the Office would otherwise be
insufficient;
(B) the contract is for a term of 2 years or less,
unless the Inspector General determines that
exceptional circumstances justify an extension of up to
1 additional year; and
(C) not more than 5 percent of the personnel of the
Office (determined on a full time equivalent basis), as
of any given date, consists of individuals serving
under personal services contracts.
(4) Other authorities not affected.--The authority under
this subsection is in addition to any other authority available
to the Inspector General to enter into personal services
contracts with individuals.
(c) Not Considered Employees.--An employee reemployed pursuant to
the waiver under subsection (a) shall not be considered an employee for
purposes of subchapter III of chapter 83 of title 5, United States
Code, or chapter 84 of such title.
(d) Report.--In the Office of the Inspector General's semiannual
report to Congress, the Inspector General shall include information on
the usage and rationale related to annuitants hired under this section.
SEC. 407. PROHIBITIONS ON FOREIGN ASSISTANCE FOR THE PRODUCTION OF
CERTAIN AGRICULTURAL COMMODITIES.
Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370)
is amended by inserting after subsection (l) the following new
subsection:
``(m) Prohibitions on Assistance for the Production of Agricultural
Commodities Available in Surplus Quantities.--(1) No assistance shall
be furnished under chapter 1 of part I of this Act to a country to
build or expand the capacity of producers in the country to produce an
agricultural commodity if the President determines that--
``(A) the agricultural commodity is likely to be available
in surplus quantities on the world market when the building or
expansion of such capacity is complete; and
``(B) the production or expanded production of the
agricultural commodity by producers in that country would cause
substantial injury to producers in the United States that
produce that agricultural commodity or a similar or competing
agricultural commodity.
``(2) Paragraph (1) shall not apply with respect to assistance to a
country that--
``(A)(i) is eligible for assistance from the International
Development Association;
``(ii) is not eligible for assistance from the
International Bank for Reconstruction and Development; and
``(iii) does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
``(B) the President determines is recovering from
widespread conflict, a humanitarian crisis, or a complex
emergency.
``(n) Restriction on Assistance for the Production and Exportation
of Certain Agricultural Commodities.--(1) No assistance shall be
furnished under chapter 1 of part I of this Act to a country to carry
out any testing, breeding feasibility studies, variety improvement
efforts, introduction efforts, consulting, publications, conferences,
or training with respect to the production of an agricultural commodity
in that country if the President determines that--
``(A) the agricultural commodity is or will be produced to
be exported from that country; and
``(B) the exportation of the agricultural commodity from
that country will result in increased competition for that
agricultural commodity, or a similar or competing agricultural
commodity, produced in the United States.
``(2) Paragraph (1) shall not apply with respect to assistance
furnished--
``(A) to a developing country to carry out an activity
involving the production of an agricultural commodity that is
designed to increase food security in that country if the
President determines that the activity will not have a
significant impact on the exportation of that agricultural
commodity from the United States; or
``(B) to a country that--
``(i)(I) is eligible for assistance from the
International Development Association;
``(II) is not eligible for assistance from the
International Bank for Reconstruction and Development;
and
``(III) does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
``(ii) the President determines is recovering from
widespread conflict, a humanitarian crisis, or a
complex emergency.''.
SEC. 408. SENSE OF CONGRESS REGARDING CENTRAL ASIA.
It is the Sense of Congress that--
(1) the countries of Central Asia, which include
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan--
(A) provide vital support to coalition efforts in
Afghanistan;
(B) sit at the crossroads between Europe and Asia;
and
(C) have the potential to link global markets;
(2) because of Central Asia's strategic importance, the
United States should invest resources in the region to improve
relations and promote shared objectives;
(3) it is critical for the United States to continue to
engage with the countries of Central Asia to further democracy,
human rights, and economic prosperity, including engaging in
regional economic integration efforts with Afghanistan and
South Asia;
(4) the United States should engage proactively in efforts
to promote and facilitate the development of road
transportation linkages across Central Asia and Afghanistan,
which are key to stimulating economic opportunity and trade in
the region; and
(5) upon determination by the President that Kazakhstan and
Tajikistan are complying with applicable freedom of emigration
requirements, Congress should take steps to terminate the
applicability of title IV of the Trade Act of 1974 (19 U.S.C.
2431 et seq.), also known as the ``Jackson-Vanik amendment'',
for such countries because of--
(A) their compliance with the law's provisions; and
(B) their record of cooperation with the United
States in key areas.
SEC. 409. GLOBAL HEALTH INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the Global Health Initiative presents an opportunity to
build upon ongoing successes and to promote further advances in
global health, in accordance with the Tom Lantos and Henry J.
Hyde United States Global Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Reauthorization Act of 2008 (Public
Law 110-293); and
(2) in order to promote effective coordination and
management in the field of global health, a full-time country
level coordinator with management experience should head the
interagency country team for United States missions in each
Global Health Initiative Plus country.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit a report
to the appropriate congressional committees that assesses the
state of implementation and early impact of the Global Health
Initiative (referred to in this subsection as the ``GHI'') on
how the United States approaches global health.
(2) Finding.--The original 8 GHI Plus countries
(Bangladesh, Ethiopia, Guatemala, Kenya, Malawi, Mali, Nepal,
and Rwanda) have been designated as ``learning laboratories''
for accelerating the objectives of the GHI--
(A) to increase the impact of United States
assistance;
(B) to achieve efficiencies;
(C) to improve cost effectiveness; and
(D) to enhance the sustainability of United States
support through greater country ownership.
(3) Contents.--The report submitted under this subsection
shall include--
(A) an overview of the initial implementation
phases of the GHI as a cross-cutting effort to achieve
the objectives described in paragraph (2);
(B) a preliminary assessment of the GHI, as
implemented in each of the original 8 GHI Plus
countries, including--
(i) a preliminary assessment of the added
value of the measures taken as a result of
implementation of the GHI with qualitative and
quantitative examples of efficiencies and
integration;
(ii) a description of the outputs achieved;
(iii) a description of the intended
outcomes of interventions and changes in
approach stemming from the GHI on disease
burden, health systems, and other indicators;
(iv) a description of changes in the
dialogue between the United States Government,
the government of the country, and the
relationship with public and private partners;
and
(v) an assessment of the sustainability of
United States global health assistance and the
means by which sustainability or country
ownership will be measured; and
(C) a strategic plan for the further implementation
of the GHI, including the means by which lessons
learned in GHI Plus countries will be communicated to
and applied in--
(i) the development and implementation of
GHI strategies in other countries; and
(ii) the development of monitoring and
evaluation tools to measure the impact of
United States programming in specific countries
and globally.
SEC. 410. DISCRIMINATION RELATED TO SEXUAL ORIENTATION.
(a) Tracking Violence or Criminalization Related to Sexual
Orientation.--The Assistant Secretary for Democracy, Human Rights and
Labor should designate a Bureau-based officer or officers who shall be
responsible for tracking violence, criminalization, and restrictions on
the enjoyment of fundamental freedoms, consistent with United States
law, in foreign countries based on actual or perceived sexual
orientation and gender identity.
(b) International Efforts To Revise Laws Criminalizing
Homosexuality.--The Secretary of State shall work through appropriate
United States Government employees at United States diplomatic and
consular missions to encourage the governments of other countries to
reform or repeal laws of such countries criminalizing homosexuality or
consensual homosexual conduct, or restricting the enjoyment of
fundamental freedoms, consistent with United States law, by homosexual
individuals or organizations.
(c) Annual Country Reports on Human Rights Practices.--The Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) is amended--
(1) in section 116(d)--
(A) in paragraph (10), by striking ``and'' at the
end;
(B) in paragraph (11), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following:
``(12) wherever applicable, violence or discrimination that
affects the fundamental freedoms, consistent with United States
law, of an individual in foreign countries that is based on
actual or perceived sexual orientation and gender identity.'';
and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the eighth sentence the following new sentence:
``Wherever applicable, violence or discrimination that affects
the fundamental freedoms, consistent with United States law, of
an individual in foreign countries that is based on actual or
perceived sexual orientation and gender identity.''.
(d) Training for Foreign Service Officers.--Section 708(a) of the
Foreign Service Act of 1980 (22 U.S.C. 4028(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting
``the Secretary for Democracy, Human Rights and Labor,'' before
``the Ambassador at Large'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) instruction, in courses covering human rights
reporting and advocacy work, on identifying violence or
discrimination that affects the fundamental freedoms,
consistent with United States law, of an individual that is
based on actual or perceived sexual orientation and gender
identity.''.
SEC. 411. OVERSEAS PRIVATE INVESTMENT CORPORATION.
Section 235 of the Foreign Assistance Act of 1961(a) (22 U.S.C.
2195(a)) is amended--
(1) in paragraph (1)--
(A) by striking ``(A)''; and
(B) by striking ``sections 234(b) and (c)'' and
inserting ``subsections (b) and (c) of section 234'';
(2) by striking paragraph (2); and
(3) by striking ``(B)'' and inserting the following:
``(2) Authorized transfers.--''.
SEC. 412. GLOBAL INTERNET FREEDOM.
(a) Policy.--It shall be the policy of the United States--
(1) to promote and protect the exercise of fundamental
freedoms over the Internet, mobile networks, and other
connection technologies;
(2) to use appropriate instruments of United States
influence, including diplomacy, technology, and trade and
economic policy, to support and promote the free flow of
electronic information;
(3) to work with international and multilateral partners to
promote the exercise of fundamental freedoms over the Internet,
mobile networks, and other connection technologies; and
(4) to integrate the promotion of Internet freedom into
broader country, regional, and economic policies of the
Department of State.
(b) Functions.--The Secretary of State, through the Bureau of
Democracy, Human Rights, and Labor, the Bureau of Economic Affairs, and
the regional geographic bureaus, and in consultation with the United
States Agency for International Development and the Broadcasting Board
of Governors, as appropriate, shall, on a global level--
(1) closely monitor threats or limitations to users'
exercise of fundamental rights over connection technologies,
especially the Internet and mobile devices, and include
information about these threats or limitations in the annual
Country Reports on Human Rights Practices;
(2) create and implement guidelines for the bureaus and
embassies of the Department of State to respond to governmental
actions to harass, limit, censor, or otherwise restrict the
exercise of fundamental freedoms through information and
communications technology;
(3) respond diplomatically to situations in which the
Internet and other forms of connective technology are
intentionally limited, censored, restricted, monitored,
distorted, or otherwise denied to users; and
(4) develop and implement, programmatically and
diplomatically, bilateral and multilateral efforts to protect
and promote broad-based information and communications freedom
and access by implementing a strategy that includes--
(A) advocating for fundamental freedoms over the
Internet, mobile networks, and other connection
technologies, such as freedom of expression,
association, speech, religion, and assembly through
bilateral, multilateral, and public diplomacy, and
support for local advocacy efforts; and
(B) utilizing trade and economic fora, tools,
mechanisms, treaties, and agreements to change
restrictive regulations, practices, and policies.
(c) Primary Responsibilities.--The Bureau of Democracy, Human
Rights and Labor, in consultation with all other relevant bureaus,
shall take the lead in--
(1) empowering users to develop innovative tools--
(A) to ameliorate their restrictive environments;
and
(B) to maximize their digital safety and security;
(2) providing training, education, and networking to users
seeking greater freedom to safely access information online and
through other forms of connective technology;
(3) providing technical assistance to reform regulatory and
policy restrictions on the free flow of information through
information and communications technology worldwide;
(4) supporting research and development into innovative
tools to assist users who are monitored, censored, blocked, or
otherwise restricted from exercising rights; and
(5) supporting the development and deployment of Internet
censorship circumvention and related tools and technology.
(d) Joint Strategies.--The Administrator of the United States
Agency for International Development, in cooperation with the Bureau of
Democracy, Human Rights, and Labor, and the Bureau of Economic Affairs,
and through consultation with the Broadcasting Board of Governors,
shall develop and implement joint strategies relevant for United States
Agency for International Development bureaus and offices and overseas
missions described in subsection (b)(4) that emphasize the promotion of
digital safety, user empowerment, and public awareness messaging.
(e) Strategic Plan.--The Broadcasting Board of Governors, in
consultation with the Department of State, shall develop and implement
a strategic plan relevant for its related entities pursuant to
subsection (b)(4) that emphasizes the use and support of--
(1) Internet circumvention;
(2) other anti-censorship tools and methods; and
(3) individual online safety and security.
SEC. 413. INTERNATIONAL CYBERSPACE AND CYBERSECURITY COORDINATION.
(a) Findings.--Congress makes the following findings:
(1) On December 15, 2010, as part of the release of the
first Quadrennial Diplomacy and Development Review, Secretary
of State Hillary Clinton announced the establishment of a
Coordinator for Cyber Issues, ``who will lead State's
engagement on cybersecurity and other cyber issues, including
efforts to protect a critical part of diplomacy--the
confidentiality of communications between and among
governments.''.
(2) On February 2, 2010, Admiral Dennis C. Blair, the
Director of National Intelligence, testified before the Select
Committee on Intelligence of the Senate regarding the Annual
Threat Assessment of the U.S. Intelligence Community, stating
``The national security of the United States, our economic
prosperity, and the daily functioning of our government are
dependent on a dynamic public and private information
infrastructure, which includes telecommunications, computer
networks and systems, and the information residing within. This
critical infrastructure is severely threatened . . . We cannot
protect cyberspace without a coordinated and collaborative
effort that incorporates both the U.S. private sector and our
international partners.''.
(3) In a January 2010 speech on Internet freedom, Secretary
of State Hillary Clinton stated: ``Those who disrupt the free
flow of information in our society, or any other, pose a threat
to our economy, our government, and our civil society.
Countries or individuals that engage in cyber attacks should
face consequences and international condemnation. In an
Internet-connected world, an attack on one nation's networks
can be an attack on all. And by reinforcing that message, we
can create norms of behavior among States and encourage respect
for the global networked commons.''.
(4) James Lewis, senior fellow at the Center for Strategic
and International Studies, asserts, in ``Securing Cyberspace
for the 44th Presidency'', ``The international aspects of
cybersecurity have been among the least developed elements of
U.S. cybersecurity policy. Given the multinational and global
aspects of network security, this must be remedied, as
energetic engagement could produce real benefits in promoting
U.S. objectives and reducing risk.''.
(5) The 2010 National Broadband Plan of the Federal
Communications Commission recommends that ``[t]he Executive
Branch should develop a coordinated foreign cybersecurity
assistance program to assist foreign countries in the
development of legal and technical expertise to address
cybersecurity.''.
(6) The May 2009 White House Cyberspace Policy Review
asserts ``[t]he Nation also needs a strategy for cybersecurity
designed to shape the international environment and bring like-
minded nations together on a host of issues, such as technical
standards and acceptable legal norms regarding territorial
jurisdiction, sovereign responsibility, and use of force.
International norms are critical to establishing a secure and
thriving digital infrastructure.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) even as the United States and the global system have
become increasingly more dependent on cyberspace for basic and
critical functions and services, a lack of sufficient norms and
principles to govern the international cyberspace environment
has resulted in significant cyber vulnerabilities and the
potential for massive state failure in the event of coordinated
cyber attacks;
(2) the multilateral system has not--
(A) addressed these vulnerabilities in a consistent
or systematic manner; or
(B) established a basic framework of best practices
and governance to address and respond to emerging cyber
threats;
(3) the international community should strongly consider
the utility of negotiating a multilateral framework on
cyberwarfare that would create shared norms for cyber conduct
and head off the potentiality for larger disruptions related to
cyberwarfare;
(4) United States diplomatic engagement towards
international cybersecurity issues--
(A) has been uncoordinated and fragmented; and
(B) has not taken advantage of securing cyberspace
within a multilateral framework;
(5) the Secretary of State, in consultation with other
relevant Federal agencies, should develop and establish a clear
and coordinated strategy for international cyberspace and
cybersecurity engagement, which should--
(A) review and assess existing strategies for
international cyberspace and cybersecurity policy and
engagement;
(B) define short- and long-term objectives for
United States cyberspace and cybersecurity policy;
(C) consider how to support a policy of United
States Government collaboration and coordination with
other countries and organizations in order to bolster
an international framework of cyber norms, governance,
and deterrence;
(D) consider the utility of negotiating a
multilateral framework that would provide
internationally acceptable principles to better
mitigate cyberwarfare, including noncombatants;
(E) share and disseminate relevant threat
information with key stakeholders;
(F) be developed in consultation with other United
States Government agencies with relevant technical
expertise or policy mandates pertaining to cyberspace
and cybersecurity issues; and
(G) draw upon the expertise of technology, security
and policy experts, private sector actors,
international organizations, and other appropriate
entities; and
(6) the Secretary of State's announcement, in the
Quadrennial Diplomacy and Development Review, of the creation
of an Office of the Coordinator for Cyber Issues is a welcome
first step that will help the United States define and organize
civilian efforts to appropriately engage and coordinate cyber
issues of global concern.
(c) Statement of Policy.--It is the policy of the United States to
promote, in coordination with public and private stakeholders and the
international community, engagement on international cyber issues
through increased diplomatic engagement, capacity building, and
collaboration on cyber issues of global concern.
(d) Coordinator for Cyberspace and Cybersecurity Issues.--Section 1
of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a)
is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following:
``(g) Cyberspace and Cybersecurity Issues.--
``(1) In general.--There is established within the office
of the Secretary of State a Coordinator for Cyberspace and
Cybersecurity Issues (referred to in this subsection as the
`Coordinator'), who shall be appointed by the President, by and
with the advice and consent of the Senate.
``(2) Duties.--
``(A) Principal duties.--The Coordinator shall--
``(i) be the principal official within the
senior management of the Department of State
responsible for cyberspace and cybersecurity
issues;
``(ii) be the principal advisor to the
Secretary of State on international cyberspace
and cybersecurity issues;
``(iii) report directly to the Secretary of
State; and
``(iv) perform such duties and exercise
such powers as the Secretary of State shall
prescribe.
``(B) Additional duties.--In addition to the duties
described in subparagraph (A), the Coordinator shall--
``(i) provide strategic direction and
coordination for United States Government
policy and programs aimed at addressing and
responding to cyberspace and cybersecurity
issues overseas, especially in relation to
issues that affect United States foreign policy
and related national security concerns;
``(ii) coordinate with relevant Federal
departments and agencies, including the
Department of Homeland Security, the Department
of Defense, the Department of the Treasury, the
Department of Justice, the Department of
Commerce, and the intelligence community to
develop interagency plans regarding
international cyberspace and cybersecurity
issues;
``(iii) provide a focal point for the
private sector to coordinate on international
cyberspace and cybersecurity issues; and
``(iv) build multilateral cooperation to
develop international norms, common policies,
and responses to secure the integrity of
cyberspace.
``(3) Rank and status of ambassador.--The Coordinator shall
have the rank and status of Ambassador at Large.
``(4) Country and regional cyberspace and cybersecurity
policy coordinators.--The Secretary of State, in consultation
with the heads of other relevant Federal agencies and in
coordination with the relevant Chief of Mission, should
designate an employee to have primary responsibility for
matters relating to cyberspace and cybersecurity policy in each
country or region that the Secretary considers significant with
respect to efforts of the United States Government to combat
cybersecurity globally.''.
(e) Strategy for United States Engagement on International Cyber
Issues.--
(1) Strategy for united states cyber engagement.--The
Coordinator, in consultation with appropriate departments and
agencies of the United States Government, shall--
(A) develop a strategy to support the objective of
promoting United States engagement on international
cyber issues; and
(B) submit the to the appropriate congressional
committees.
(2) Content.--The strategy developed under paragraph (1)
shall--
(A) include--
(i) efforts to be undertaken;
(ii) specific and measurable goals;
(iii) benchmarks and time frames for
achieving the objectives set forth in
subsection (b)(5)(B); and
(iv) progress made towards achieving such
objectives; and
(B) to the greatest extent possible--
(i) be developed in consultation with other
United States Government agencies with relevant
technical expertise or policy mandates
pertaining to cyberspace and cybersecurity
issues; and
(ii) draw upon the expertise of technology,
security, and policy experts, private sector
actors, international organizations, and other
appropriate entities.
(3) Components.--The strategy developed under paragraph (1)
should include--
(A) assessments and reviews of existing strategies
for international cyberspace and cybersecurity policy
and engagement;
(B) short- and long-term objectives for United
States cyberspace and cybersecurity engagement; and
(C) a description of programs, activities, and
policies to foster United States Government
collaboration and coordination with other countries and
organizations to bolster an international framework of
cyber norms, governance, and deterrence, including
consideration of the utility of negotiating a
multilateral framework to provide internationally
acceptable principles to better mitigate cyberwarfare,
including noncombatants.
(4) Reports.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of State shall submit a
report on the strategy developed under paragraph (1) to--
(A) the Committee on Foreign Relations of the
Senate; and
(B) the Committee on Foreign Affairs of the House
of Representatives.
(f) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section
and the amendments made by this section.
SEC. 414. PROMOTING GLOBAL ACCESS TO CONNECTIVE TECHNOLOGIES.
(a) Findings.--Congress makes the following findings:
(1) Internet and mobile technology is increasingly used by
the Department of State and the United States Agency for
International Development (USAID) to reach aid beneficiaries
and the general public in recipient countries.
(2) The use of mobile devices to deliver life-saving
information, provide essential banking services, and connect
individuals has become a core pillar in development and
democracy promotion.
(3) Recent uprisings in the Arab world showed a high use of
social media to spread messages of discontent and to organize
mass demonstrations.
(4) While the use of mobile telephones is growing at a
rapid pace in the developing world, global access to Internet
service remains low.
(5) According to 2009 data from the International
Telecommunications Union--
(A) in Egypt--
(i) 24 percent of the population use the
Internet;
(ii) 3 percent access the Internet through
a fixed subscription;
(iii) 1.3 percent access the Internet
through fixed broadband; and
(iv) 8 percent access the Internet through
mobile broadband; and
(B) in Yemen--
(i) 10 percent of the population use the
Internet;
(ii) 0.23 percent access the Internet
through fixed broadband; and
(iii) none access the Internet through
mobile broadband.
(b) Global Access Strategy.--Not later than 1 year after the date
of the enactment of this Act, the Secretary of State, in consultation
with the USAID Administrator, shall develop and implement a global
access strategy that--
(1) identifies any causal connection between access to
connective technologies and the fulfillment of diplomatic,
economic, or development goals and objectives, in cooperation
with relevant multilateral or nongovernmental entities;
(2) if a causal connection is identified under paragraph
(1), includes a strategy for increasing access for relevant
embassy and USAID mission performance plans;
(3) ensures that funds for democracy and human rights
development and promotion, economic growth, transparency,
governance, and innovation are provided to increase and promote
access, including technical or in-kind assistance;
(4) promotes government-to-government diplomatic engagement
on the issue; and
(5) encourages public-private partnerships with United
States telecommunications and innovation firms.
SEC. 415. TRANSITION INITIATIVES ACCOUNT.
Section 494 of the Foreign Assistance Act of 1961 is amended to
read as follows:
``SEC. 494. TRANSITION ASSISTANCE.
``(a) In General.--Notwithstanding any other provision of law, the
Secretary of State is authorized to provide assistance to countries in
crisis, or facing the imminent threat of crisis, for the purpose of
supporting transition to democracy and long-term development.
``(b) Purpose of Assistance.--Assistance under this section may
include support for--
``(1) the development, strengthening, or preservation of
democratic institutions and processes;
``(2) the revitalization of basic infrastructure; and
``(3) the peaceful resolution of conflict.
``(c) Report.--Not later than 5 days before beginning a new
assistance program under this section, the Administrator of the United
States Agency for International Development shall submit a report to
the Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives that describes the new
assistance program.
``(d) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the President $50,000,000 to carry out this section, which
amount shall remain available until expended.
``(2) Additional assistance.--In addition to any authority
otherwise available to provide assistance in furtherance of the
purposes described in subsection (a), and in addition to
amounts otherwise available to carry out this section, the
Secretary may expend up to $15,000,000 of the amounts
appropriated to carry out this part to carry out this section
if the Secretary determines that it is important to the
national interests of the United States to provide transition
assistance beyond the assistance provided with the amounts
appropriated pursuant to paragraph (1).''.
SEC. 416. REPORT ON UNITED STATES GOVERNMENT HUMANITARIAN ASSISTANCE
PROGRAMS.
(a) Presidential Report.--Not later than 1 year after the date of
the enactment of this Act, the President shall submit a report to the
appropriate congressional committees on overseas United States
Government humanitarian assistance programs that contains--
(1) a list of all United States Government departments and
agencies, including the Department of Defense, involved in
implementing humanitarian assistance programs;
(2) a list of funding costs associated with each respective
department and agency undertaking humanitarian assistance
programs, including the Department of Defense;
(3) a description of the scope, size, and components of all
humanitarian assistance programs for fiscal years 2010 and
2011;
(4) an evaluation of the appropriate role of United States
Government departments and agencies, especially the
coordination between United States civilian agencies and the
United States military in carrying out humanitarian assistance
programs, including a discussion of--
(A) obstacles to more effective humanitarian
coordination between Combatant Commands and civilian
agencies within their respective areas of
responsibility;
(B) Department of Defense guidance and directives
concerning foreign disaster relief operations;
(C) the extent to which the Department of Defense
has previously supported United States foreign disaster
relief operations;
(D) the extent to which Combatant Commands--
(i) included foreign disaster relief in
their theater campaign plans; and
(ii) developed contingency plans to respond
to foreign disasters, such as the 2010
earthquake in Haiti;
(E) the extent to which the Department of Defense
and the Combatant Commands ensure relief efforts are
coordinated by sharing their guidance, directives, and
plans for foreign disasters with other United States
Government agencies, including--
(i) the Office of Foreign Disaster
Assistance of the United States Agency for
International Development;
(ii) the Department of State;
(iii) nongovernmental agencies; and
(iv) foreign partners;
(F) mechanisms within the Combatant Commands to
further collaborate with interagency partners when
responding to foreign disasters;
(G) the extent to which the Department of Defense
has reviewed and assessed its foreign disaster relief
operations for opportunities to reduce duplication and
overlap with the efforts of other United States
Government agencies; and
(H) structural or organizational improvements,
including system-wide humanitarian training for
relevant military personnel, that would assist with
more effective coordination; and
(5) recommendations for legislative modifications, if any,
to existing authorities relating to humanitarian assistance
programs.
(b) Government Accountability Officer Report.--Not later than 18
months after the date of the enactment of this Act, the Comptroller
General of the United States shall submit a report to the appropriate
congressional committees that contains--
(1) a review of, and comments addressing, how effectively
the Department of Defense and the Combatant Commands undertake
and coordinate humanitarian assistance activities; and
(2) recommendations for improving humanitarian coordination
between the military and civilian agencies.
SEC. 417. REPORT REPEALS.
(a) Annual Report on Financial Contributions to International
Organizations.--Section 4(b) of the United Nations Participation Act
(22 U.S.C. 287b(b)) is repealed.
(b) Report on Visa Issuance to Inadmissible Aliens.--Section 51(a)
of the State Department Basic Authorities Act of 1956 (22 U.S.C.
2723(a)) is amended--
(1) in paragraph (1), by striking ``(1) Denial of visas.--
''; and
(2) by striking paragraph (2).
(c) Foreign Assistance Act of 1961 Reports.--The Foreign Assistance
Act of 1961 (Public Law 87-195) is amended--
(1) in section 133 (22 U.S.C. 2152c)--
(A) by striking subsection (d); and
(B) by redesignating subsection (e) as subsection
(d);
(2) in section 620C (22 U.S.C. 2373)--
(A) by striking subsection (c); and
(B) by redesignating subsections (d) and (e) as
subsections (c) and (d), respectively; and
(3) in section 620F (22 U.S.C. 2376), by striking
subsection (c).
(d) Annual Reports on Soviet and Eastern European Training.--
Section 807 of the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4506) is repealed.
(e) Annual SEED Program Report.--Section 704 of the Support for
East European Democracy (SEED) Act of 1989 (Public Law 101-179) is
repealed.
(f) PLO Commitments Compliance Report.--Section 804(b) of the PLO
Commitments Compliance Act of 1989 (Public Law 101-246) is repealed.
(g) Report on Middle East Arms Transfers.--Section 404(c) of the
Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public
Law 102-138) is repealed.
(h) Annual Report on Assistance for Independent States of Former
Soviet Union.--Section 104 of the FREEDOM Support Act (Public Law 102-
511) is repealed.
(i) Annual Report on Violations of Territorial Integrity in Former
Soviet Union.--Section 560(g) of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1994 (Public Law
103-87) is amended by striking ``: Provided further, That thirty days''
and all that follows and inserting a period.
(j) Reports on Partnership for Peace Initiative and Outstanding
Expropriations Claims.--Title V of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (Public Law 103-236) is amended--
(1) in section 514, by striking subsection (a); and
(2) in section 527--
(A) by striking subsection (f); and
(B) by redesignating subsections (g) and (h) as
subsections (f) and (g), respectively.
(k) Report on Military Activities of North Korea.--Section 585 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1997 (Public Law 104-208; 22 U.S.C. 2656 note) is
repealed.
(l) Reports on Acquisitions and United Nations Policy on Israel.--
The Admiral James W. Nance and Meg Donovan Foreign Relations
Authorization Act, Fiscal Years 2000 and 2001 (as enacted by reference
in section 1000(a)(7) of Public Law 106-113) is amended--
(1) in section 605, by striking subsection (c); and
(2) in section 721--
(A) by striking subsection (c);
(B) by redesignating subsection (d) as subsection
(c); and
(C) in subsection (c), as redesignated, by striking
``At the time of the submission of each annual report
under subsection (c), the Secretary'' and inserting
``The Secretary''.
(m) Report on Extradition of Narcotics Traffickers.--Section 3203
of Public Law 106-246 is repealed.
(n) Report on Terrorist Lookout Committees.--Section 304 of the
Enhanced Border Security and Visa Entry Reform Act of 2002 (Public 107-
173) is amended--
(1) by striking subsection (f); and
(2) by redesignating subsection (g) as subsection (f).
(o) Other Reports.--
(1) Reports on activities in colombia and german
foundation.--The Department of State Authorization Act, Fiscal
Year 2003 (division A of Public Law 107-228) is amended--
(A) by striking section 694; and
(B) by striking section 704.
(2) Implementation report.--Section 1321 of the Security
Assistance Act of 2002 (division B of Public Law 107-228) is
repealed.
(p) Chief of Mission Staff Element Reports.--Section 409(c) of the
Department of State and Related Agency Appropriations Act, 2005 (Public
Law 108-447) is repealed.
SEC. 418. WORKING CAPITAL FUND.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the United States Agency for International
Development.
(2) Fund.--The term ``Fund'' means the Working Capital Fund
established pursuant to subsection (b).
(3) Local entity.--The term ``local entity'' means an
individual, a corporation, or another group of persons located,
or having as its principal place of business or operations, in
a country receiving assistance from funds appropriated under
title III.
(4) USAID.--The term ``USAID'' means the United States
Agency for International Development.
(b) Establishment.--The Administrator is authorized to establish a
Working Capital Fund.
(c) Deposits.--Up to 1 percent of the total value of obligations
entered into by USAID from appropriations available to USAID, and any
appropriation made available for the purpose of providing capital, may
be deposited into the Fund during any fiscal year. Receipts from the
disposal of, or repayments for the loss or damage to, property held in
the Fund, rebates, reimbursements, refunds and other credits applicable
to the operation of the Fund may be deposited into the Fund.
(d) Use of Funds.--Amounts deposited into the Fund during any
fiscal year shall be available, without fiscal year limitation in
addition to other funds available for such purposes, for administrative
costs resulting from agency implementation and procurement reform
efforts, the administration of the Fund, and administrative
contingencies designated by the Administrator, including--
(1) personal and nonpersonal services;
(2) training; and
(3) supplies.
(e) Transfer.--At the close of each fiscal year, the Administrator
shall transfer from the Fund to the General Fund of the Treasury--
(1) amounts in excess of $100,000,000; and
(2) such other amounts as the Administrator determines to
be in excess of the needs of the Fund.
(f) Procurement Reform.--
(1) Local competition.--Subject to paragraph (2), the
Administrator may use amounts made available under this Act or
otherwise appropriated for the Department of State, Foreign
Operations, and Related Programs, to award contracts or other
instruments in which competition is limited to local entities.
(2) Limitation.--Contracts and other instruments awarded
under paragraph (1) may not exceed $5,000,000.
SEC. 419. RETENTION OF INTEREST EARNED ON ADVANCED FUNDS.
Section 635 of the Foreign Assistance Act of 1961 (22 U.S.C. 2395)
is amended by adding at the end the following:
``(n) The Administrator of the United States Agency for
International Development may enter into agreements with international
organizations that provide for the retention of interest earned on the
advance of funds by such organizations.''.
SEC. 420. STATEMENT OF GLOBAL DEVELOPMENT POLICY.
(a) Findings.--Congress makes the following findings:
(1) Since 1,000,000,000 people worldwide live on less than
$1 per day, the majority of whom are women, and an additional
1,600,000,000 people struggle to survive on less than $2 per
day--
(A) United States development programs should
continue to promote country-led solutions to reduce
poverty and eliminate extreme global poverty through
sustainable economic growth; and
(B) efforts described in subparagraph (A) should be
consistent with the United Nations Millennium
Development Goals, including a 50 percent reduction
between 1990 and 2015 in the proportion of people
worldwide who live on less than $1 per day.
(2) Integrating sustainable development into United States
development assistance is an important component of
comprehensive and effective aid programs.
(3) In 1987, the World Commission on Environment and
Development (the Brundtland Commission) published a report
entitled Our Common Future, which defined sustainable
development as ``development that meets the needs of the
present without compromising the ability of future generations
to meet their own needs''.
(4) Outcomes from the 1992 United Nations Conference on
Environment and Development in Rio de Janeiro (commonly
referred to as the Rio Conference or Earth Summit), the 2002
World Summit on Sustainable Development in Johannesburg, and
the recent sessions of the Commission on Sustainable
Development elevated public awareness on the need to integrate
environmental priorities with development objectives.
(5) Actions that address the development challenges faced
by vulnerable and impoverished developing nations should--
(A) include focused attention on the sustainability
of the world's natural resources;
(B) balance environmental stewardship, economic
development, and social development;
(C) be informed by an assessment of the specific
impacts on women and men at all stages of the
development process; and
(D) consider that developing countries rely on
natural ecosystems and are likely to be affected by
climate change to a much greater degree than developed
countries, with women shouldering much of the burden
given their prominent roles in fuel and food
consumption and production.
(6) Developing countries presently face and will continue
to face sharply decreasing yields from agriculture production
because of climate change, which undermines food security in
such countries.
(7) Urbanization is a defining phenomenon of the 21st
century. Approximately 51 percent of the world's population
lives in cities of various sizes producing the majority of the
world's economic output. By 2030, an estimated 4,000,000,000
people will live in cities in the developing world and the
number of people living in slums is estimated to double. Urban
populations represent some of the most vulnerable populations
to climate changes, but are ill-equipped to address the
challenges associated with climate change.
(8) Public-private partnerships are an essential tool to
advance our efforts in a range of critical areas. President
Obama has called partnerships ``a defining feature of our
foreign policy'' and a way to involve multiple stakeholders and
to conduct our diplomacy directly with citizens around the
world. The First Quadrennial Diplomacy and Development Review
states: ``Private sector partners can add value to our missions
. . . Their reach and influence continues to grow. So too must
our efforts to connect with, build upon, and amplify their work
to advance our common interests''.
(9) Investing in innovation has the potential to solve
long-standing development challenges by--
(A) leveraging the power of research and
development to help the United States increase
investments in development-focused innovation;
(B) capitalizing new models for innovation and
bringing sustainable models to scale;
(C) increasing the creation and utilization of
science and technology by women and men in developing
countries; and
(D) removing impediments to innovation faced by the
private sector.
(10) Transparency is--
(A) a prerequisite for development effectiveness;
and
(B) fundamental to the success of better governance
and enhanced development outcomes in recipient
countries.
(11) The High Level Forum on Aid Effectiveness in Busan,
Republic of Korea, in November 2011, represents a critical
moment for donors--
(A) to generate political will for elevating and
maintaining development as an international priority in
the face of a range of competing international and
domestic agendas;
(B) to modernize the aid delivery model to
capitalize on new models of innovation and to scale up
the development impact of aid interventions;
(C) to assess commitments to improve the quality of
aid made at previous forums in Paris and Accra; and
(D) to establish a new consensus for a global
development partnership that will improve the
effectiveness of the official aid sector and capture
the different circumstances under which aid is
currently delivered.
(b) Policy.--It is the policy of the United States to promote
broad-based, sustainable global development, reduce poverty, and
eliminate extreme global poverty by--
(1) maximizing good development principles and key reforms,
including--
(A) increasing efficiencies by eliminating wasteful
regulations and demanding clear results, demonstrated
by consistent evaluation;
(B) prioritizing accountability with clear
objectives, improved coordination with other donors and
stakeholders, increased transparency, and more
effective and meaningful monitoring and evaluation,
including attention to gender relations in all relevant
areas;
(C) incorporating local priorities and policy
reforms that will reflect developing country
priorities, including through the meaningful engagement
of local civil society;
(D) ensuring that gender equality and analyses of
impact by gender are incorporated and operationalized
throughout programs at all stages of the program cycle;
(E) maintaining distinctions between diplomacy and
development, recognizing that each harbors different
objectives, timelines, and priorities;
(F) reducing the footprint of the Department of
Defense in post-conflict reconstruction, stability, and
development aid so that the Department can focus its
resources and expertise on it primary mission; and
(G) supporting a strong, empowered United States
Agency for International Development that can
effectively address 21st century challenges and
priorities;
(2) supporting and integrating principles of sustainable
development, including--
(A) integrating the current and predicted impacts
of climate change, based on sound science;
(B) ensuring that these principles, which balance
social, economic, and environmental concerns, are
mainstreamed into economic models, decision-making
mechanisms, and spatial planning;
(C) recognizing that climate change is--
(i) currently a serious challenge and
threat in many parts of the world;
(ii) a potentially significant national and
global security threat multiplier that is
likely to exacerbate economic and social
inequality and increase competition and
conflict over agricultural, vegetative, marine,
and water resources; and
(iii) will likely result in increased
displacement of people, especially women and
children, in addition to poverty and hunger
within developing countries;
(D) assessing--
(i) the progress made to date and the
remaining gaps in the implementation of the
outcomes of the major summits on sustainable
development;
(ii) the manner with which new and emerging
challenges are addressed; and
(iii) the renewal of the United States
Government's political commitment to
sustainable development in upcoming
international conferences;
(E) strengthening mechanisms to monitor critical
resources in order to--
(i) ensure resource sustainability for
future generations; and
(ii) adjust present activities accordingly;
and
(F) recognizing that sustainable development
efforts must incorporate a strong urban lens to help
cities--
(i) increase their resilience;
(ii) enact sustainable urban development
policies and programs; and
(iii) prepare for numerous developmental,
environmental, and climate change challenges;
(3) expanding public-private sector partnerships and
leveraging private sector resources, including--
(A) streamlining the process for developing public-
private partnerships and establishing a coordinated
approach among all United States departments and
agencies undertaking development programs and
activities;
(B) emphasizing alliances and coalitions by
bringing together a wide range of global partners
around a common partnership mission;
(C) enhancing training and incentives by--
(i) creating a training module in
partnership development;
(ii) building appropriate incentive
structures that reward partnership creation;
and
(iii) hiring external partnership experts
to build United States Government institutional
expertise; and
(D) pursuing a range of innovative partnerships,
including connecting to State, local government
officials and diaspora communities in the United States
and throughout the world--
(i) to share best practices;
(ii) to provide technical assistance; and
(iii) to promote cooperation on shared
challenges;
(4) investing in innovation, including supporting and
accelerating programs and mechanisms at the United States
Agency for International Development (USAID), such as the
Development Innovation Ventures, which enable USAID to work
with partners to identify, test, and scale evidence-based
development solutions that can significantly improve outcomes;
and
(5) enhancing transparency by--
(A) publishing detailed information on United
States Government humanitarian and development
assistance that is timely, accessible, comprehensive,
and comparable;
(B) providing comprehensive program level detail on
a publicly accessible Web site by expanding the Foreign
Assistance Dashboard; and
(C) ensuring that United States Government
assistance is reflected on partner countries' formal
budgeting systems, to the extent possible, by
establishing--
(i) a baseline by September 30, 2011, that
identifies the percentage of all United States
humanitarian and development assistance that is
on-budget and the percentage that is off-
budget; and
(ii) consistent guidelines for United
States agencies to follow to determine when the
funding for humanitarian and development
assistance is on-budget or off-budget.
SEC. 421. USAID MISSIONS.
Any decision to open a new USAID mission or office or close or
significantly reduce the number of personnel of any such mission or
office shall be subject to the regular notification procedures of the
appropriate congressional committees unless there is a substantial
security risk to mission personnel.
SEC. 422. MONITORING AND EVALUATION OF UNITED STATES FOREIGN
ASSISTANCE.
(a) In General.--The President shall develop and implement a
rigorous system to evaluate the effectiveness and efficiency of United
States foreign assistance.
(b) Components of System.--In order to avoid duplication, ensure
comprehensive coverage, credibility, unbiasedness, transparency, the
generation of high quality information and knowledge, and to facilitate
comparability of results and the development of a strong body of
evidence, the system required under subsection (a) shall include--
(1) a method of coordinating evaluation activities among
all Executive agencies carrying out United States foreign
assistance; and
(2) a process for consulting with relevant stakeholders and
subject matter experts, as appropriate, on the planning,
design, and implementation of evaluation activities and the
dissemination of evaluation findings.
(c) Required Actions.--In carrying out subsection (a), the
President shall ensure that the head of each Executive agency takes the
following actions with regard to United States foreign assistance
carried out by that agency:
(1) Establish measurable and meaningful performance
objectives, including disaggregation by sex, as appropriate.
(2) Establish criteria for the selection of programs,
projects, and activities to be subject to various evaluation
methodologies, with a particular emphasis on impact evaluation.
(3) Establish or designate an organizational unit with
adequate staff and resources to oversee and provide technical
support for evaluation activities.
(4) Develop a plan for improving the capacity of the agency
to conduct rigorous, relevant, and objective program monitoring
and evaluation, including--
(A) by providing relevant education and training
opportunities;
(B) by encouraging the adoption of improved
methodologies for data collection and analysis; and
(C) by ensuring that best practices are shared
within and between agencies.
(5) Establish guidelines for enhancing, in cooperation with
other donors, the capacity of partner countries to monitor the
use of and evaluate the impact of donor assistance.
(6) Establish a process for applying the findings and
results of monitoring and evaluation activities, including
impact evaluation research, into future program planning,
budgeting, design, and implementation.
(7) Establish a policy for the publication of program
evaluations.
(8) Develop, in consultation with relevant stakeholders, an
annual evaluation plan that describes how the agency will meet
the requirements under this section.
(9) Identify the source or mechanism of funding to conduct
monitoring and evaluation of United States foreign assistance
carried out by such agency.
(d) Submission of Evaluation Plans.--The President shall ensure
that the evaluation plans required under subsection (c)(8)--
(1) are submitted annually to the appropriate congressional
committees with the annual budget presentation; and
(2) are published on a Government Web site.
(e) Local Performance.--To the extent feasible and appropriate,
evaluation activities carried out pursuant to the requirements under
this section shall be carried out by, or with the participation of,
organizations in the partner country.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the Committee on
Foreign Affairs and the Committee on Appropriations of the
House of Representatives, and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate.
(2) Evaluation.--The term ``evaluation'' means the
systematic and objective determination and assessment of the
design, implementation, and results of an ongoing or completed
program, project, or activity, including an explanation of the
reasons or causes for the observed results.
(3) Executive agency.--The term ``Executive agency'' has
the meaning given the term in section 105 of title 5, United
States Code.
(4) Impact.--The term ``impact'' means a long-term effect
of a program, project, or activity, whether positive or
negative, direct or indirect, intended or unintended.
(5) Impact evaluation research.--The term ``impact
evaluation research'' means the application of research methods
and statistical analysis to measure the extent to which an
impact can be attributed to a United States foreign assistance
program, project, or activity rather than to other factors.
(6) Partner country.--The term ``partner country'' means a
country that is a current or planned recipient of United States
foreign assistance.
(7) Relevant stakeholder.--The term ``relevant
stakeholder'' means a party that is involved in funding,
designing or implementing a program being monitored or
evaluated.
(8) United states foreign assistance.--The term ``United
States foreign assistance'' means assistance under this Act,
the Foreign Assistance Act of 1961, or related appropriations
Acts.
SEC. 423. NATIONAL ACTION PLAN ON WOMEN, PEACE AND SECURITY .
(a) Findings.--Congress makes the following findings:
(1) United Nations Security Council Resolution 1325 and
subsequent Resolutions 1880, 1888, 1889, and 1960 reaffirm the
critical role of women in the prevention and resolution of
conflicts, including in--
(A) peace negotiations;
(B) peacekeeping and peace-building efforts;
(C) humanitarian response; and
(D) post-conflict reconstruction;
(2) On October 26, 2010, at remarks on the occasion of the
Tenth Anniversary of United Nations Security Council Resolution
1325 on Women, Peace, and Security, the Secretary of State
announced the United States commitment to develop a United
States National Action Plan to accelerate the implementation of
Resolution 1325.
(b) National Action Plan.--The President shall coordinate with
executive branch agencies to draft a United States National Action Plan
that seeks to ensure that the United States effectively promotes and
supports the rights and roles of women in conflict-affected and post-
conflict regions through clear, measurable commitments--
(1) to promote the active and meaningful participation of
women in affected areas in all aspects of conflict prevention,
management, and resolution;
(2) to integrate the perspectives and interests of affected
women into conflict-prevention activities and strategies;
(3) to promote the physical safety, economic security, and
dignity of women and girls;
(4) to support women's equal access to aid distribution
mechanisms and services; and
(5) to monitor, analyze, and evaluate implementation
efforts and their impact.
(c) Congressional Notification and Briefing.--Upon the completion
of the National Action Plan, the President shall notify Congress, and
brief the leadership and relevant committees of Congress, regarding the
precise commitments and implementation plan.
TITLE V--PEACE CORPS IMPROVEMENT AND EXPANSION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Peace Corps Improvement and
Expansion Act of 2011''.
SEC. 502. FINDINGS.
Congress makes the following findings:
(1) Firmly established beliefs of the Peace Corps include
the following:
(A) The act of volunteering has inherent value.
(B) The foreign policy goals of the United States
are advanced by--
(i) contributing to the reduction of
poverty; and
(ii) fostering international understanding.
(2) More than 200,000 volunteers have ably served in the
Peace Corps in 139 countries by--
(A) working towards economic and social
development; and
(B) promoting a better understanding of--
(i) the people of the United States on the
part of the peoples served; and
(ii) other peoples on the part of the
people of the United States.
(3) Today, the importance and necessity is greater than
ever for the Peace Corps--
(A) to promote global economic and social
development;
(B) to promote understanding and friendship; and
(C) to foster collaboration with international
nongovernmental organizations.
(4) Since 1961, a bipartisan succession of Presidents and
Congresses have endorsed the expansion of the Peace Corps in
order--
(A) to meet requests from countries to increase the
size of the Peace Corps programs in their countries;
(B) to initiate Peace Corps programs in countries
where the Peace Corps does not currently operate;
(C) to provide more opportunities for the people of
the United States to engage in volunteer service
abroad; and
(D) to renew dormant Peace Corps programs.
(5) The purpose of the Peace Corps, as declared by section
2(a) of the Peace Corps Act (22 U.S.C. 2501(a)), is to promote
world peace and friendship by helping--
(A) the people of interested countries in meeting
their needs for trained men and women, particularly in
meeting the basic needs of those living in the poorest
areas of such countries;
(B) to promote a better understanding of people of
the United States on the part of the peoples served;
and
(C) to promote a better understanding of other
peoples on the part of the people of the United States.
SEC. 503. REPORT ON THE IMPLEMENTATION OF THE PEACE CORPS COMPREHENSIVE
AGENCY ASSESSMENT.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Director of the Peace Corps shall submit a
report to the appropriate congressional committees that includes--
(1) the progress made toward implementing the
recommendations of the Peace Corps Comprehensive Agency
Assessment of 2010; and
(2) the impact of the Portfolio Review on the current and
planned distribution of Peace Corps volunteers throughout the
world.
(b) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Relations of the Senate;
(2) the Committee on Appropriations of the Senate;
(3) the Committee on Foreign Affairs of the House of
Representatives; and
(4) the Committee on Appropriations of the House of
Representatives.
SEC. 504. PERSONAL SERVICES CONTRACTORS.
Section 10(a)(5) of the Peace Corps Act (22 U.S.C. 2509(a)(5)) is
amended by striking ``for any purpose'' and inserting ``for the
purposes of any law administered by the Office of Personnel
Management''.
TITLE VI--R.M.S. TITANIC MARITIME MEMORIAL PRESERVATION ACT
SEC. 601. SHORT TITLE.
This title may be cited as the ``R.M.S. Titanic Maritime Memorial
Preservation Act of 2011''.
SEC. 602. FINDINGS AND PURPOSES.
Section 2 of the R.M.S. Titanic Maritime Memorial Act of 1986 (16
U.S.C. 450rr) is amended--
(1) in subsection (a)--
(A) in paragraph (1), by striking ``should be
designated'' and inserting ``is recognized'';
(B) in paragraph (2), by striking ``recent'';
(C) in paragraph (3), by striking ``and'' at the
end;
(D) in paragraph (4), by striking the period at the
end and inserting a semicolon; and
(E) by adding after paragraph (4) the following:
``(5) the Secretary of Commerce, through the National
Oceanic and Atmospheric Administration's National Marine
Sanctuary Program, and in consultation with the Secretary of
State, other interested Federal agencies, academic and research
institutions, the public, the United Kingdom, France, and
Canada, issued Final Guidelines for Research, Exploration, and
Salvage of R.M.S. Titanic on April 12, 2001 (66 Fed. Reg.
18905), as directed under section 5; and
``(6) the Secretary of State, in consultation with the
Secretary of Commerce, negotiated the International Agreement
with the United Kingdom, France, and Canada pursuant to section
6, which was signed on June 18, 2004, subject to acceptance by
the United States.''; and
(2) by amending subsection (b) to read as follows:
``(b) Purpose.--The purposes of this Act are--
``(1) to ensure the protection of R.M.S. Titanic and its
wreck site as--
``(A) an international maritime memorial and grave
site to those aboard the ship who perished in 1912; and
``(B) a site of unique scientific, archeological,
cultural, and historical significance for present and
future generations;
``(2) to ensure that the planning and conduct of any
activities directed at R.M.S. Titanic and its wreck site are
consistent with applicable law, including the International
Agreement; and
``(3) to call upon the Secretary of State to encourage
other interested nations, especially nations with the
technological capability to access R.M.S. Titanic and its wreck
site, to consent to be bound by the International Agreement.''.
SEC. 603. DEFINITIONS.
Section 3 of the R.M.S. Titanic Maritime Memorial Act of 1986 (16
U.S.C. 450rr-1) is amended to read as follows:
``SEC. 3. DEFINITIONS.
``In this Act--
``(1) the term `collection' means each grouping of R.M.S.
Titanic property, other than human remains, that results from
recovery activities after September 1, 1985, at the wreck site
of R.M.S. Titanic authorized by--
``(A) an order of a United States court of
competent jurisdiction;
``(B) a permit granted by the Secretary of Commerce
under section 7; or
``(C) an order of a court or tribunal (including
any administrative body, Office of Maritime Affairs, or
Receiver of Wreck) of competent jurisdiction of the
United Kingdom, France, or Canada, or of a state party
to the International Agreement;
``(2) the term `import' means to bring into, or introduce
into, or attempt to bring into or introduce into, the United
States, including its territories and insular possessions, and
the territorial sea of the United States (as defined in
Presidential Proclamation 5928, issued December 27, 1988);
``(3) the term `International Agreement' means the
Agreement concerning the Shipwrecked Vessel RMS Titanic;
``(4) the term `Person' means any individual (whether or
not a citizen or national of the United States), any
corporation, partnership, association, or other entity (whether
or not organized or existing under the laws of any State), and
any Federal, State, local, or foreign government or any entity
of any such government;
``(5) the term `R.M.S. Titanic property' includes--
``(A) the shipwrecked vessel R.M.S. Titanic;
``(B) the cargo of R.M.S. Titanic, any other
contents from the ship, or any associated items
scattered on the ocean floor in the vicinity of the
ship, or any portion of the ship;
``(C) all such property recovered from the wreck
site since September 1, 1985; and
``(D) any human remains of those aboard R.M.S.
Titanic who perished;
``(6) the term `Rules' means the `Rules Concerning
Activities Aimed at the RMS Titanic and/or its Artifacts'
contained in the Annex to the International Agreement; and
``(7) the term `United States waters' means all waters of
the United States on the landward side of the baseline from
which the breadth of the United States territorial sea is
measured, and the waters of the United States territorial sea
as described in Presidential Proclamation 5928, dated December
27, 1988.''.
SEC. 604. IMPLEMENTATION OF THE INTERNATIONAL AGREEMENT.
The R.M.S. Titanic Maritime Memorial Act of 1986 (16 U.S.C. 450rr
et seq.) is amended--
(1) by striking sections 5, 6, and 7;
(2) by redesignating section 8 as section 20; and
(3) by inserting after section 4 the following:
``SEC. 5. SCOPE AND APPLICABILITY.
``(a) In General.--This Act shall apply to--
``(1) any person subject to the jurisdiction of the United
States at the time that such person engages in an activity
prohibited under section 6;
``(2) any vessel of the United States, including--
``(A) a vessel documented under chapter 121 of
title 46, United States Code, or vessels numbered as
provided under chapter 123 of such title;
``(B) a vessel (other than a vessel that has been
granted the nationality of a foreign nation in
accordance with article 5 of the Convention on the High
Seas, done at Geneva on April 29, 1958, and article 91
of the 1982 Convention on the Law of the Sea, signed at
Montego Bay, Jamaica on December 10, 1982, if a claim
of nationality or registry for the vessel is made by
the master or individual in charge at the time of the
action by an officer or employee of the United States
authorized to enforce applicable provisions of United
States law) owned in whole or part by--
``(i) the United States or a territory,
commonwealth, or possession of the United
States and used on commercial service;
``(ii) a State or a political subdivision
of a State and used on commercial service;
``(iii) a citizen or national of the United
States; or
``(iv) a corporation created under the laws
of the United States, any State, the District
of Columbia, or any territory, commonwealth, or
possession of the United States; and
``(C) a vessel that was once documented under the
laws of the United States and, in violation of the laws
of the United States, was--
``(i) sold to a person that is not a
citizen of the United States; or
``(ii) placed under foreign registry or a
foreign flag, whether or not the vessel has
been granted the nationality of a foreign
nation;
``(3) any vessel subject to the jurisdiction of the United
States including--
``(A) a vessel without nationality;
``(B) a vessel assimilated to a vessel without
nationality, in accordance with paragraph (2) of
article 6 of the Convention on the High Seas, done at
Geneva on April 29, 1958, or article 91 of the
Convention on the Law of the Sea, signed at Montego
Bay, Jamaica on December 10, 1982;
``(C) a vessel registered in a foreign nation if--
``(i) the flag nation has consented to, or
waived objection to, the enforcement of United
States law by the United States; and
``(ii) such consent or waiver--
``(I) was obtained by radio,
telephone, or similar oral or
electronic means; and
``(II) is conclusively proved by
certification of the Secretary of State
or the Secretary's designee;
``(D) a vessel located within the customs waters of
the United States; and
``(E) a vessel located in the contiguous zone of
the United States (as defined in Presidential
Proclamation 7219, issued on September 2, 1999) that--
``(i) is entering United States waters;
``(ii) has departed United States waters;
or
``(iii) is a hovering vessel (as defined in
section 401 of the Tariff Act of 1930 (19
U.S.C. 1401)); and
``(4) any property made forfeitable under section 11.
``(b) Vessel Without Nationality.--
``(1) In general.--In this Act, a vessel without
nationality includes--
``(A) a vessel aboard which the master or person in
charge makes a claim of registry, which claim is denied
by the flag nation whose registry is claimed;
``(B) a vessel aboard which the master or person in
charge fails, upon request of an officer of the United
States empowered to enforce applicable provisions of
United States law, to make a claim of nationality or
registry for that vessel; and
``(C) a vessel aboard which the master or person in
charge makes a claim of registry and the claimed nation
of registry does not affirmatively and unequivocally
assert that the vessel is of its nationality.
``(2) Verification or denial.--A claim of registry under
subparagraph (A) or (C) of paragraph (1) may be verified or
denied by radio, telephone, or similar oral or electronic
means. The response by the claimed flag nation is conclusively
proved by certification of the Secretary of State or the
Secretary's designee.
``(c) Claim of Nationality or Registry.--In this Act, a claim of
nationality or registry is limited to--
``(1) possession on board the vessel and production of
documents evidencing the vessel's nationality in accordance
with article 5 of the Convention on the High Seas, done at
Geneva on April 29, 1958, and article 91 of the Convention on
the Law of the Sea, signed at Montego Bay, Jamaica on December
10, 1982;
``(2) flying the flag nation's ensign or flag; or
``(3) a verbal claim of nationality or registry by the
master or person in charge of the vessel.
``(d) Applicability.--This Act shall not apply to--
``(1) warships;
``(2) naval auxiliaries;
``(3) other vessels--
``(A) owned or operated by the United States; and
``(B) used only for government noncommercial
service, unless the vessel engages in an activity
designed to disturb, remove, or injure R.M.S. Titanic
property; or
``(4) any person on board a vessel described in paragraph
(1) who is acting in the course of such person's duties, unless
such person engages in an activity designed to disturb, remove,
or injure R.M.S. Titanic property.
``SEC. 6. PROHIBITIONS.
``Except as authorized under section 7, it is unlawful for any
person or vessel described in section 5 to--
``(1) engage in any activity that disturbs, removes, or
injures, or attempts to disturb, remove, or injure, R.M.S.
Titanic property;
``(2) engage in any activity directed at R.M.S. Titanic
property located at the wreck site that poses a significant
threat to public safety;
``(3) engage in any activity that violates any provision of
this Act, or any regulation or permit issued under this Act, or
any provision of the Rules;
``(4) sell, purchase, barter, import, export, or offer to
sell, purchase, barter, import, export, in interstate or
foreign commerce, R.M.S. Titanic property not constituting a
collection; or
``(5) enter, or cause entry by means of any equipment,
instrumentality, or other property, into the hull sections of
R.M.S. Titanic.
``SEC. 7. PERMITS.
``(a) In General.--The Secretary of Commerce may issue a permit for
an activity otherwise prohibited under section 6 if the Secretary
determines that such activity--
``(1) is consistent with the International Agreement and
Rules; and
``(2)(A) furthers educational, scientific, or cultural
purposes in the public interest; or
``(B) is necessary to protect R.M.S. Titanic property from
a significant threat.
``(b) Applicability.--This section shall apply to any activities
directed at R.M.S. Titanic property, including those authorized before
the effective date of this Act by a court of competent jurisdiction.
``(c) Notice.--Any vessel described in paragraph (2) or (3) of
section 5(a) that intends to stop within the zone located within the
coordinates of 4146'00.036588" N, 04953'09.391344" W (Northeast
corner); 4146'00.036588" N, 04959'51.08136" W (Northwest corner);
4141'00.24864" N, 04953'09.391344" W (Southeast corner);
4141'00.24864" N, 04959'51.08136" W (Southwest corner) shall, through
its owner or agent, provide prior written notice of the timing and
purpose of such intended entry to the Secretary of Commerce in a manner
sufficient to allow the Secretary to determine whether a permit is
required and whether a permit should be granted.
``(d) Terms and Conditions.--Any permit issued by the Secretary of
Commerce under this section shall contain terms and conditions that
fully comply with the Rules.
``(e) Fees.--The Secretary of Commerce may charge and retain
reasonable fees to offset expenses associated with the processing of
permit applications and the administration of permits issued under this
section. Fees collected under this subsection shall be available to
cover such costs without further appropriation and shall remain
available until expended.
``(f) Deadlines.--
``(1) In general.--Except as provided under paragraph (2),
the Secretary of Commerce shall act on an application for a
permit under this section not later than 180 days after the
date on which the Secretary has determined that the application
contains sufficient information for the Secretary to make a
decision on the application.
``(2) Additional time.--If the Secretary is unable to
comply with the deadline under paragraph (1), the Secretary
shall provide the applicant with written notification that up
to an additional 30 days will be needed to complete the review.
Under no circumstances may a complete application remain
pending for more than 210 days.
``(3) Rulemaking.--The Secretary shall promulgate
regulations to--
``(A) identify the scientific, technical,
logistical, or other documentation or justification
required for the Secretary to make a decision on the
application for permit; and
``(B) ensure the confidentiality of proprietary
information and data submitted under this section.
``SEC. 8. LIABILITY.
``(a) Liability to the United States.--Any person who engages in an
activity prohibited under section 6 is liable for response costs,
direct and indirect enforcement costs, and any damages resulting from
such activity, including--
``(1) the reasonable costs incurred in storage,
restoration, care, maintenance, conservation, and curation of
R.M.S. Titanic property; and
``(2) the cost of retrieving any remaining information of a
scientific, archeological, cultural, or historical interest
from the site at which R.M.S. Titanic property was disturbed,
removed, or injured.
``(b) Liability in Rem.--Any vessel (including the vessel's gear,
appurtenances, stores, and cargo), vehicle, aircraft, or other means of
transportation, and any money or property used, or intended to be used,
to facilitate any violation of this Act or any regulation or permit
issued under this Act, shall be liable in rem to the United States for
any fine, penalty, or damages assessed or imposed under this Act. The
amount of such in rem liability shall constitute a lien and may be
recovered in an action in rem in an appropriate district court of the
United States.
``SEC. 9. CIVIL ENFORCEMENT.
``(a) Permit Sanction and Civil Administrative Penalty.--
``(1) In general.--Any person who violates any provision of
this Act, or any regulation or permit issued under this Act--
``(A) may be subject to a permit sanction; and
``(B) may be assessed a civil administrative
penalty by the Secretary of Commerce after notice and
an opportunity for a hearing.
``(2) Amount of penalty.--A penalty assessed under
paragraph (1)(B) may not exceed $250,000 per day for each such
violation. Each day of a continuing violation shall constitute
a separate violation.
``(3) Enforcement of penalty.--Upon failure of the
offending party to pay a penalty under this subsection, the
Attorney General, upon the request of the Secretary of
Commerce, may commence an action in the appropriate district
court of the United States to recover such penalty. In such
action, the validity and appropriateness of the final order
imposing the civil administrative penalty shall not be subject
to review.
``(b) Civil Judicial Penalty.--
``(1) In general.--Any person who violates any provision of
this Act, or any regulation or permit issued under this Act,
shall be subject to a civil penalty not to exceed $500,000 per
day for each such violation. Each day of a continuing violation
shall constitute a separate violation.
``(2) Enforcement of penalty.--Upon the request of the
Secretary of Commerce, the Attorney General may commence a
civil action in an appropriate district court of the United
States. Such court shall have jurisdiction to award civil
penalties. In determining the amount of a civil penalty, the
court may consider such matters as justice may require.
``(c) Civil Action.--Upon the request of the Secretary of Commerce,
acting as trustee for R.M.S. Titanic property, the Attorney General may
institute a civil action in an appropriate district court of the United
States to--
``(1) recover response costs, direct and indirect
enforcement costs, and damages as set forth in section 8; or
``(2) obtain a court order directing any person in
possession of R.M.S. Titanic property unlawfully obtained to
deliver such R.M.S. Titanic property to the Secretary of
Commerce.
``(d) In Rem Action.--Upon the request of the Secretary of
Commerce, acting as trustee for R.M.S. Titanic property, the Attorney
General may institute an in rem action in an appropriate district court
of the United States to--
``(1) satisfy a lien referred to in section 8 in an
appropriate district court of the United States; or
``(2) assume custody of R.M.S. Titanic property unlawfully
possessed as a result of a violation of this Act, or any
regulation or permit issued under this Act.
``(e) Injunctive Relief.--Upon the request of the Secretary of
Commerce, the Attorney General may seek to obtain such relief in an
appropriate district court of the United States as may be necessary to
abate an imminent risk of--
``(1) the disturbance to, removal of, or injury to R.M.S.
Titanic property; or
``(2) the sale, purchase, barter, import, or export in
interstate or foreign commerce of R.M.S. Titanic property.
``SEC. 10. CRIMINAL ENFORCEMENT.
``(a) In General.--Any person who knowingly commits any act
prohibited under section 6 is guilty of an offense under this Act.
``(b) Penalty.--Any person who is convicted of an offense under
this section shall be fined not more than $250,000 per day of
violation, imprisoned for not more than 5 years, or both.
``SEC. 11. SEIZURE AND FORFEITURE.
``(a) Authorization.--The provisions of this Act may be enforced by
the Secretary of Commerce and the Secretary of Homeland Security, or
their respective designees.
``(b) Detention and Arrest.--Any person authorized by the Secretary
of Commerce or the Secretary of Homeland Security to enforce this Act
may--
``(1) detain for inspection and inspect any package, crate,
or other container, including its contents, and all
accompanying documents, upon importation or exportation and
otherwise as permitted by law;
``(2) make arrests without a warrant for any violation of
this Act if the authorized person has reasonable grounds to
believe that the person to be arrested is committing the
violation in their presence or view;
``(3) execute and serve any arrest warrant, seizure
warrant, or other warrant or civil or criminal process issued
by any officer or court of competent jurisdiction for
enforcement of this Act, or any regulation or permit issued
under this Act; and
``(4) search and seize property described in paragraph (1),
with or without a warrant, as authorized by law.
``(c) Temporary Disposition of Property.--
``(1) In general.--Any R.M.S. Titanic property, or other
property seized pursuant to subsection (b)(4), shall be held by
any person authorized by the Secretary of Commerce or the
Secretary of Homeland Security pending disposition of civil or
criminal proceedings, administrative forfeiture proceedings,
actions in rem for forfeiture of such R.M.S. Titanic property
or other property pursuant to this section, or criminal
forfeiture proceedings pursuant to this section, as authorized
under section 2461(c) of title 28, United States Code.
``(2) Exception.--Instead of holding the property described
in paragraph (1), the Secretary of Commerce or the Secretary of
Homeland Security may permit the owner or consignee of such
property to post a bond or other surety satisfactory to the
Secretary of Commerce or the Secretary of Homeland Security.
``(d) Property Subject to Forfeiture.--The following property shall
be subject to forfeiture to the United States:
``(1) Any R.M.S. Titanic property possessed, taken,
retained, purchased, sold, bartered, imported, or exported
contrary to the provisions of this Act, or any regulation or
permit issued under this Act.
``(2) Any property, real or personal, that constitutes, or
is derived from, the proceeds of any violation of this Act, or
any regulation or permit issued under this Act.
``(3) Any vessel (including the vessel's gear,
appurtenances, stores, and cargo), vehicle, aircraft, or other
means of transportation and any money or other property used or
intended to be used to facilitate any violation of this Act, or
any regulation or permit issued under this Act.
``(4) Any property traceable to the property described in
paragraph (1), (2), or (3).
``(e) Rebuttable Presumption.--In this section, there is a
rebuttable presumption that all R.M.S. Titanic property found on board
a vessel that is used or seized in connection with a violation of this
Act, or any regulation or permit issued under this Act, was taken or
retained in violation of this Act, or a regulation or permit issued
under this Act.
``(f) Final Disposition of Property.--Upon forfeiture of any R.M.S.
Titanic property or other property to the United States pursuant to
this section, or the abandonment or waiver of any claim to any such
property, the property shall be disposed of by the Secretary of
Commerce in such a manner, consistent with the purposes of this Act, as
the Secretary shall prescribe by regulation. Any R.M.S. Titanic
property ordered forfeited to the United States shall be held in trust
by the Secretary of Commerce on behalf of the public and disposed of in
a manner consistent with the purposes of this Act. Forfeited R.M.S.
Titanic property that does not constitute a collection may not be sold.
``(g) Civil Forfeitures.--
``(1) In general.--Except as provided in paragraph (2), the
provisions of chapter 46 of title 18, United States Code,
relating to civil forfeitures shall extend to any seizure or
administrative or civil judicial forfeiture under this section
to the extent that such provisions are not inconsistent with
this Act.
``(2) Performance of duties.--Any duties imposed upon the
Attorney General, the Secretary of the Treasury, or the
Postmaster General shall be performed with respect to seizures
and forfeitures of property under this section by such
officers, agents, or other persons as may be authorized or
designated for that purpose by the Secretary of Commerce or the
Secretary of Homeland Security, as appropriate.
``(h) Criminal Forfeitures.--
``(1) In general.--Any person who is convicted of an
offense under section 10 shall forfeit property to the United
States pursuant to this section, as authorized by section
2461(c) of title 28, United States Code.
``(2) Procedures.--The procedures under section 413 of the
Controlled Substances Act (21 U.S.C. 853) (except subsection
(d) of such section), insofar as such provisions are not
inconsistent with this Act, shall apply to--
``(A) all stages of a criminal forfeiture of
property under this section, including any seizure and
disposition of such property; and
``(B) any administrative or judicial proceeding in
relation to such forfeiture.
``SEC. 12. DISPOSITION OF MONIES RECOVERED.
``(a) In General.--Notwithstanding any other provision of law, any
monies collected under sections 8, 9, 10, and 11, either directly or
through the sale of forfeited property, after payment of related
expenses--
``(1) are authorized to be paid into 1 or more special
accounts of the Department of the Treasury; and
``(2) shall be used by the Secretary of Commerce for--
``(A) conservation of Titanic artifacts recovered
pursuant to an enforcement action;
``(B) conservation of any Titanic collection of
lawfully salvaged artifacts; or
``(C) the collection of the USS Monitor National
Marine Sanctuary artifacts at The Mariners' Museum.
``(b) Disposition of Excess Funds.--If the proceeds from an
enforcement action exceed the amount of funds needed for the
conservation of artifacts from that case, the Titanic collection, and
the Monitor collection, such excess amount shall be deposited in the
General Fund of the Treasury.
``SEC. 13. INTERNATIONAL COOPERATION.
``In cooperation with the Secretary of State, the Secretary of
Commerce is authorized to inform and consult with representatives of
foreign nations and others regarding the protection and preservation of
R.M.S. Titanic property, including the issuance of permits pursuant to
section 7.
``SEC. 14. AGREEMENTS AND AUTHORITY TO UTILIZE GRANT FUNDS.
``(a) Agreements.--The Secretary of Commerce may, as appropriate,
enter into agreements with any person to use the personnel, services,
equipment, or facilities of such person, on a reimbursable or
nonreimbursable basis, to assist in carrying out the purposes of this
Act.
``(b) Authority To Utilize Grant Funds.--The Secretary of
Commerce--
``(1) except as provided in paragraph (2), may apply for,
accept, and obligate research grant funding from any Federal
source operating competitive grant programs if such funding
furthers the purposes of this Act;
``(2) may not apply for, accept, or obligate any grant
funding under paragraph (1) if--
``(A) the granting agency is not authorized to
award grants to Federal agencies; or
``(B) the grant will be used for any purposes, or
will be subject to any conditions, that are prohibited
by law or regulation;
``(3) may use amounts appropriated for the purpose of this
Act to satisfy a requirement to match grant funds with
recipient agency funds, except that no grant may be accepted
that requires a commitment before such amounts are
appropriated; and
``(4) shall deposit grant funds in the National Oceanic and
Atmospheric Administration account that serves to accomplish
the purpose for which the grant was awarded.
``SEC. 15. MONITORING AUTHORIZATION.
``In order to carry out the purposes of this Act, the Secretary of
Commerce may--
``(1) monitor the wreck site of R.M.S. Titanic; and
``(2) conduct such monitoring in coordination with the
personnel, services, and facilities of other Federal
departments, agencies, or instrumentalities on a reimbursable
or nonreimbursable basis.
``SEC. 16. RULEMAKING.
``The Secretary of Commerce is authorized to promulgate regulations
to implement this Act, including, as necessary, regulations providing
for the issuance of permits under section 7. Such regulations shall be
consistent with the International Agreement and Rules.
``SEC. 17. RELATIONSHIP TO OTHER LAWS.
``(a) Liability.--Nothing in sections 4281 through 4289 of the
Revised Statutes of the United States or section 3 of the Act of
February 13, 1893, shall limit the liability of any person under this
Act.
``(b) Seizure and Forfeiture of Property.--Nothing in this Act may
be construed to affect the seizure and forfeiture of property,
including R.M.S. Titanic property, under the customs laws of the United
States, or the issuance of penalties under such laws.
``(c) International Agreements.--This Act and any implementing
regulations shall be applied in accordance with applicable law,
including treaties, conventions, and other international agreements to
which the United States is a party.
``(d) Freedoms of the High Seas.--Except to the extent that an
activity is undertaken as a subterfuge for activities prohibited under
this Act, nothing in this Act is intended to affect the exercise of
traditional freedoms of the high seas, including--
``(1) navigation;
``(2) the laying of submarine cables and pipelines;
``(3) operation of vessels;
``(4) fishing; or
``(5) other internationally lawful uses of the sea related
to such freedoms.
``(e) Severability.--Each provision of this Act is severable. If a
court of competent jurisdiction should find any provision of this Act
to be unenforceable, all other provisions shall remain in full force
and effect.
``(f) Salvage Rights.--An order granting salvage rights to R.M.S.
Titanic by a court of competent jurisdiction prior to the effective
date of this Act shall not exempt any person from complying with this
Act or any regulation or permit issued under this Act. Without
prejudice to the orders of a United States Court of competent
jurisdiction, issued in reference to the entity known as `RMS Titanic,
Inc.', prior to the effective date of this legislation (the status of
such orders to be unaffected by this legislation), no person may obtain
salvage rights to R.M.S. Titanic or R.M.S. Titanic property, after the
effective date of this Act, except by an assignment or transfer of
existing rights or through the orders of a United States Court of
competent jurisdiction issued in reference to the entity known as
`R.M.S. Titanic, Inc.'.
``(g) Law of Finds.--The law of finds shall not apply to R.M.S.
Titanic or R.M.S. Titanic property.
``(h) Collection Management.--Each collection shall be managed and
maintained in accordance with the Rules.
``SEC. 18. STATUTE OF LIMITATIONS.
``No civil action may be brought, and no criminal prosecution may
be commenced, by the United States to enforce this Act, or any
regulation or permit issued under this Act, after the date that is 8
years after the date on which--
``(1) all facts material to the right of action or offense
are known by the Secretary of Commerce; and
``(2) jurisdiction can be exercised over the defendant.
``SEC. 19. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated to the Secretary
$1,000,000 for each of the fiscal years 2012 through 2016 to carry out
this Act, which shall remain available until expended.''.
SEC. 605. EFFECTIVE DATE.
The amendments made by this title shall take effect on the date of
the enactment of this Act.
TITLE VII--AUTHORIZATION OF APPROPRIATIONS
Subtitle A--Department of State
SEC. 701. ADMINISTRATION OF FOREIGN AFFAIRS.
(a) In General.--The amounts set forth in this section are
authorized to be appropriated under ``Administration of Foreign
Affairs'' for the Department of State to carry out the authorities,
functions, duties, and responsibilities in the conduct of foreign
affairs of the United States, and for other purposes authorized by law.
(b) Diplomatic and Consular Programs.--
(1) In general.--There is authorized to be appropriated for
fiscal year 2012, for ``Diplomatic and Consular Programs'',
$11,893,457,000, of which--
(A) $1,700,584,000 is authorized to be appropriated
for worldwide security protection; and
(B) $536,475,000 is authorized to be appropriated
for public diplomacy.
(2) Transfers.--
(A) To emergencies account.--Of the amounts
authorized to be appropriated under paragraph (1), up
to $10,000,000 may be transferred to, and merged with
amounts in, the ``Emergencies in the Diplomatic and
Consular Service Account''.
(B) From emergencies account.--Of the amounts
authorized to be appropriated for fiscal year 2012 for
the ``Emergencies in the Diplomatic and Consular
Service Account'', up to $1,000,000 may be transferred
to, and merged with amounts in, the ``Repatriation
Loans Program Account''.
(c) Capital Investment Fund.--There is authorized to be
appropriated $125,000,000 for fiscal year 2012 for the ``Capital
Investment Fund''.
(d) Embassy Security, Construction, and Maintenance.--There is
authorized to be appropriated for fiscal year 2012--
(1) $863,317,000 for ongoing operations; and
(2) $938,200,000 for worldwide security upgrades.
(e) Conflict Stabilization Operations.--There is authorized to be
appropriated $92,200,000 for fiscal year 2012 for ``Conflict
Stabilization Operations''.
(f) Educational and Cultural Exchange Programs.--There is
authorized to be appropriated for fiscal year 2012, for ``Educational
and Cultural Exchange Programs'', $637,100,000, of which--
(1) $750,000 may be used to carry out the Tibetan
scholarship program established under section 103(b)(1) of the
Human Rights, Refugee, and Other Foreign Relations Provisions
Act of 1996 (Public Law 104-319); and
(2) $650,000 may be used for the ``Ngawang Choepel Exchange
Programs'' (formerly known as ``programs of educational and
cultural exchange between the United States and the people of
Tibet'') under section 103(a) of such Act.
(g) Representation Allowances.--There is authorized to be
appropriated $8,175,000 for fiscal year 2012 for ``Representation
Allowances''.
(h) Protection of Foreign Missions and Officials.--There is
authorized to be appropriated $27,744,000 for fiscal year 2012 for
``Protection of Foreign Missions and Officials''.
(i) Emergencies in the Diplomatic and Consular Service.--There is
authorized to be appropriated $10,000,000 for fiscal year 2012 for
``Emergencies in the Diplomatic and Consular Service''.
(j) Repatriation Loans.--There is authorized to be appropriated
$1,800,000 for fiscal year 2012 for ``Repatriation Loans''.
(k) Payment to the American Institute in Taiwan.--There is
authorized to be appropriated $23,320,000 for fiscal year 2012 for
``Payment to the American Institute in Taiwan''.
(l) Office of the Inspector General.--There is authorized to be
appropriated for fiscal year 2012, for ``Office of the Inspector
General'', $128,086,000, of which--
(1) $18,545,000 is authorized to be appropriated for the
Special Inspector General for Iraq Reconstruction; and
(2) $44,387,000 is authorized to be appropriated for the
Special Inspector General for Afghanistan Reconstruction.
(m) Fiscal Year 2013.--There are authorized to be appropriated for
fiscal year 2013 such sums as may be necessary for the programs, funds,
activities, and other financial instruments set forth in subsections
(b) through (l).
SEC. 702. INTERNATIONAL ORGANIZATIONS AND CONFERENCES.
(a) Assessed Contributions to International Organizations.--There
is authorized to be appropriated for fiscal year 2012, for
``Contributions to International Organizations'', $1,619,400,000 to
carry out--
(1) the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international organizations; and
(2) other authorized activities relating to such purposes.
(b) Contributions for International Peacekeeping Activities.--There
is authorized to be appropriated for fiscal year 2012, for
``Contributions for International Peacekeeping Activities'',
$1,920,000,000, which--
(1) shall be used to carry out--
(A) the authorities, functions, duties, and
responsibilities of the United States with respect to
international peacekeeping activities; and
(B) other authorized activities relating to such
purposes; and
(2) shall remain available until expended.
(c) Foreign Currency Exchange Rate.--
(1) In general.--In addition to amounts authorized to be
appropriated under this section, there are authorized to be
appropriated such sums as may be necessary for fiscal year 2012
to offset adverse fluctuations in foreign currency exchange
rates.
(2) Limitation.--Amounts appropriated pursuant to this
subsection shall be available for obligation and expenditure
only to the extent that the Director of the Office of
Management and Budget determines and certifies to Congress that
such amounts are necessary due to the fluctuations described in
paragraph (1).
(d) Fiscal Year 2013.--There are authorized to be appropriated for
fiscal year 2013 such sums as may be necessary for the contributions
described in subsections (a) and (b).
SEC. 703. INTERNATIONAL COMMISSIONS.
(a) In General.--The amounts set forth in this section are
authorized to be appropriated under ``International Commissions'' for
the Department of State to carry out the authorities, functions,
duties, and responsibilities in the conduct of the foreign affairs of
the United States with respect to international commissions and for
other purposes authorized by law:
(b) International Boundary and Water Commission, United States and
Mexico.--There are authorized to be appropriated for fiscal year 2012,
for ``International Boundary and Water Commission, United States and
Mexico''--
(1) $45,591,000 for ``Salaries and Expenses''; and
(2) $31,900,000 for ``Construction''.
(c) International Boundary Commission, United States and Canada.--
There is authorized to be appropriated $2,422,000 for fiscal year 2012
for ``International Boundary Commission, United States and Canada''.
(d) International Joint Commission.--There is authorized to be
appropriated $7,237,000 for fiscal year 2012 for ``International Joint
Commission''.
(e) International Fisheries Commissions.--There is authorized to be
appropriated $31,291,000 for fiscal year 2012 for ``International
Fisheries Commissions''.
(f) Fiscal Year 2013.--There are authorized to be appropriated for
fiscal year 2013 such sums as may be necessary for the international
commissions referred to in subsections (b) through (e).
SEC. 704. MIGRATION AND REFUGEE ASSISTANCE.
(a) Migration and Refugee Assistance.--There is authorized to be
appropriated for fiscal year 2012, for authorized activities for
``Migration and Refugee Assistance'', $1,613,100,000--
(1) of which $25,000,000 may be used for the resettlement
of humanitarian migrants to Israel; and
(2) which shall remain available until expended.
(b) Emergency Refugee and Migration Assistance Account.--Section
2(c)(2) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C.
2601(c)(2)) is amended by striking ``$100,000,000'' and inserting
``$200,000,000.''.
(c) United States Emergency Refugee and Migration Assistance.--
There is authorized to be appropriated $40,000,000 for fiscal year 2012
for ``U.S. Emergency Refugee and Migration Assistance''.
(d) Fiscal Year 2013.--There are authorized to be appropriated for
fiscal year 2013 such sums as may be necessary for the migration and
refugee assistance purposes referred to in subsections (a) through (c).
SEC. 705. CENTERS AND FOUNDATIONS.
(a) Asia Foundation.--There is authorized to be appropriated
$19,000,000 for fiscal year 2012 to carry out authorized activities for
``The Asia Foundation''.
(b) National Endowment for Democracy.--There is authorized to be
appropriated $105,000,000 for fiscal year 2012 to carry out authorized
activities for ``National Endowment for Democracy''.
(c) Center for Cultural and Technical Interchange Between East and
West.--There is authorized to be appropriated $11,400,000 for fiscal
year 2012 to carry out authorized activities for ``Center for Cultural
and Technical Interchange Between East and West''.
(d) Fiscal Year 2013.--There are authorized to be appropriated for
fiscal year 2013 such sums as may be necessary for the centers and
foundations referred to in subsections (a) through (c).
Subtitle B--United States International Broadcasting Activities
SEC. 711. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out United States
Government international broadcasting activities under the United
States Information and Educational Exchange Act of 1948, the Radio
Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the
United States International Broadcasting Act of 1994, and the Foreign
Affairs Reform and Restructuring Act of 1998, and to carry out other
authorities in law related to such purposes--
(1) for ``International Broadcasting Operations''--
(A) $754,261,000 for fiscal year 2012; and
(B) such sums as may be necessary for fiscal year
2013; and
(2) for ``Broadcasting Capital Improvements''--
(A) $12,769,000 for fiscal year 2012; and
(B) such sums as may be necessary for fiscal year
2013.
Subtitle C--Peace Corps
SEC. 721. AUTHORIZATION OF APPROPRIATIONS.
Section 3(b)(1) of the Peace Corps Act (22 U.S.C. 2502(b)(1)) is
amended to read as follows:
``(1) There is authorized to be appropriated to carry out
the purposes of this chapter--
``(A) $439,600,000 for fiscal year 2012; and
``(B) such sums as may be necessary for fiscal year
2013.''.
Subtitle D--Other Provisions
SEC. 731. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act may be construed as affecting, in any way,
existing statutory prohibitions related to abortion or existing
statutory prohibitions on the use of funds to lobby for or against
abortion.
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