H.R.6644 - Global Partnerships Act of 2012112th Congress (2011-2012)
|Sponsor:||Rep. Berman, Howard L. [D-CA-28] (Introduced 12/11/2012)|
|Committees:||House - Foreign Affairs; Ways and Means; Oversight and Government Reform; Armed Services; Rules|
|Latest Action:||12/11/2012 Referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, Oversight and Government Reform, Armed Services, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (All Actions)|
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Text: H.R.6644 — 112th Congress (2011-2012)All Bill Information (Except Text)
There is one version of the bill.
Introduced in House (12/11/2012)
To establish a framework for effective, transparent, and accountable United States foreign assistance, and for other purposes.
Mr. Berman (for himself and Mr. Connolly of Virginia) introduced the following bill; which was referred to the Committee on Foreign Affairs, and in addition to the Committees on Ways and Means, Oversight and Government Reform, Armed Services, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned
To establish a framework for effective, transparent, and accountable United States foreign assistance, and for other purposes.
(a) Short title.—This Act may be cited as the “Global Partnerships Act of 2012”.
(b) Table of contents.—The table of contents for this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
Sec. 3. Statement of policy.
Sec. 4. Principles of assistance.
Sec. 5. Purposes of assistance.
Sec. 6. Definitions.
Sec. 1001. Findings.
Sec. 1002. Statement of policy.
Sec. 1003. Encouragement of United States private and voluntary cooperation.
Sec. 1004. Encouragement of United States business participation.
Sec. 1005. Development partnerships fellows program.
Sec. 1011. Findings.
Sec. 1012. Statement of policy.
Sec. 1013. Principles of assistance.
Sec. 1014. Goals of assistance.
Sec. 1015. Development Support Funds.
Sec. 1016. Innovation Fund.
Sec. 1017. United States Strategy for Global Development.
Sec. 1018. Country Development Cooperation Strategies.
Sec. 1019. Sector strategies for development.
Sec. 1020. Interagency Policy Committee on Global Development.
Sec. 1021. Global Development Council.
Sec. 1022. Development education.
Sec. 1023. Definitions.
Sec. 1101. Findings and statement of policy.
Sec. 1102. Goal and objectives.
Sec. 1103. Global Strategy for Economic Growth.
Sec. 1104. Assistance for economic growth.
Sec. 1105. Fiscal and contract transparency.
Sec. 1111. Findings and statement of policy.
Sec. 1112. Microenterprise Fund.
Sec. 1113. Office of Microenterprise Development.
Sec. 1114. Definitions.
Sec. 1121. Findings and statement of policy.
Sec. 1122. Assistance for small and medium enterprises.
Sec. 1123. Definition.
Sec. 1131. Development credit authority.
Sec. 1132. Technical assistance for financial management.
Sec. 1201. Findings and statement of policy.
Sec. 1202. Goal and objectives.
Sec. 1203. Global Strategy for Food Security.
Sec. 1204. Assistance for promoting food security.
Sec. 1205. Collaborative agricultural and nutrition research and innovation.
Sec. 1206. Board for International Food and Agricultural Development.
Sec. 1207. Assistance to international and regional organizations.
Sec. 1208. Definitions.
Sec. 1301. Findings and statement of policy.
Sec. 1302. Goal and objectives.
Sec. 1303. Global health strategy.
Sec. 1304. Assistance for health.
Sec. 1305. Health principles and restrictions.
Sec. 1311. Child survival.
Sec. 1312. Maternal and newborn health.
Sec. 1313. Assistance for orphans and other vulnerable children.
Sec. 1321. Assistance to combat HIV/AIDS, tuberculosis, and malaria.
Sec. 1322. Assistance to combat neglected tropical diseases.
Sec. 1323. Assistance for disease prevention, control, and treatment.
Sec. 1331. Assistance for family planning and reproductive health.
Sec. 1332. Reproductive health care in emergencies.
Sec. 1401. Findings and statement of policy.
Sec. 1402. Goal and objectives.
Sec. 1403. Global education strategy.
Sec. 1404. Basic education assistance.
Sec. 1405. Higher education partnerships.
Sec. 1501. Findings and statement of policy.
Sec. 1502. Goal and objectives.
Sec. 1503. Global conservation strategy.
Sec. 1504. Assistance for environmental sustainability.
Sec. 1505. Assistance for sustainable energy and natural resource management.
Sec. 1506. Environmental restrictions.
Sec. 1507. Environmental impact statements and assessments.
Sec. 1508. Definitions.
Sec. 1601. Findings and statement of policy.
Sec. 1602. Goal and objectives.
Sec. 1603. Global strategy for water, sanitation and housing.
Sec. 1604. Assistance for water, sanitation and housing.
Sec. 1605. Definitions.
Sec. 1701. Findings and statement of policy.
Sec. 1702. Goal and objectives.
Sec. 1703. Global strategy for gender equality.
Sec. 1704. Assistance for gender equality.
Sec. 1705. Office of Gender Equality and Women’s Empowerment.
Sec. 1706. Prevention of child marriage.
Sec. 1707. Coordination of efforts to prevent child marriage.
Sec. 1708. Definitions.
Sec. 1801. Findings and statement of policy.
Sec. 1802. Goal and objectives.
Sec. 1803. Assistance for democratic strengthening.
Sec. 1804. Advisory Committee on Democracy Promotion.
Sec. 1805. Foreign government approval and conditionality.
Sec. 1806. Relationship to other laws.
Sec. 1807. Prohibiting assistance to influence the outcome of elections.
Sec. 1808. Protected speech.
Sec. 1901. Findings and statement of policy.
Sec. 1902. Goal and objectives.
Sec. 1903. Humanitarian principles.
Sec. 1904. International disaster assistance.
Sec. 1905. Emergency Humanitarian Response Fund.
Sec. 1906. Definitions.
Sec. 2001. Findings and statement of policy.
Sec. 2002. Definition.
Sec. 2011. Peacekeeping.
Sec. 2012. Transition initiatives.
Sec. 2013. Limit on payment to United Nations and affiliated agencies.
Sec. 2014. Availability of aircraft.
Sec. 2015. Complex Crisis, Stabilization, and Prevention Fund.
Sec. 2016. Addressing violence against women and girls in humanitarian relief, peacekeeping, conflict, and post-conflict settings.
Sec. 2017. Demining activities.
Sec. 2018. Disarmament, demobilization, reintegration, and rehabilitation activities.
Sec. 2021. Regional conflict risk assessment and conflict mitigation strategy.
Sec. 2022. Data on costs incurred in support of United Nations peacekeeping operations.
Sec. 2023. Peace on Cyprus and in the Eastern Mediterranean.
Sec. 2031. Atrocities Prevention Board.
Sec. 2032. Under Secretary for Civilian Security, Democracy, and Human Rights.
Sec. 2033. Conflict and stabilization operations.
Sec. 2034. Danger pay.
Sec. 2035. Stability policing coordinator.
Sec. 2036. Training in conflict management and mitigation.
Sec. 3101. Findings and statement of policy.
Sec. 3102. Country reports on human rights practices.
Sec. 3103. Action plans for human rights and democracy.
Sec. 3104. Human Rights and Democracy Fund.
Sec. 3105. Role of Bureau of Democracy, Human Rights, and Labor.
Sec. 3106. Discrimination related to sexual orientation.
Sec. 3107. Personnel awards and incentives.
Sec. 3201. Statement of policy.
Sec. 3202. Duties of the Secretary of State.
Sec. 3203. Comprehensive international strategy to prevent and respond to violence against women and girls.
Sec. 3204. Assistance to prevent and respond to violence against women and girls internationally.
Sec. 3205. Definitions.
Sec. 3301. Findings.
Sec. 3302. Global Rule of Law Policy Committee.
Sec. 3303. Assistance for rule of law.
Sec. 3304. Definition.
Sec. 3401. Findings.
Sec. 3402. Child Protection Compacts.
Sec. 3403. Authorization of assistance.
Sec. 3404. Suspension and termination of assistance.
Sec. 3405. Congressional notification.
Sec. 3406. Definitions.
Sec. 4001. Findings.
Sec. 4002. Statement of policy.
Sec. 4003. Goals of assistance.
Sec. 4101. Findings and statement of policy.
Sec. 4102. Goal and objectives.
Sec. 4103. Economic Support Fund.
Sec. 4104. Cash transfer assistance.
Sec. 4211. Authorization of assistance.
Sec. 4212. Conditions of assistance.
Sec. 4213. Prohibition for misuse of United States assistance.
Sec. 4221. Authorization of emergency assistance.
Sec. 4222. Authorization of non-emergency assistance.
Sec. 4223. Commercial transportation and related services.
Sec. 4224. Report.
Sec. 4231. Loan requirements.
Sec. 4232. Cost of loans.
Sec. 4241. General authority.
Sec. 4242. Value of defense articles.
Sec. 4251. General authority.
Sec. 4252. Rule of construction.
Sec. 4253. Audits.
Sec. 4254. Cash flow financing.
Sec. 4261. Purpose.
Sec. 4262. Military education and training for foreign military and defense personnel.
Sec. 4263. Military education and training for foreign civilian personnel.
Sec. 4264. Locations of instruction.
Sec. 4265. Reimbursement.
Sec. 4266. Exchange of training and related support.
Sec. 4271. Transfer of excess defense articles.
Sec. 4272. Terms of transfers.
Sec. 4273. Advance notification to Congress for transfer of certain excess defense articles.
Sec. 4274. Aggregate annual limitation.
Sec. 4275. Restrictions and conditions on transfers of naval vessels.
Sec. 4281. Authority to enter into cooperative project agreements.
Sec. 4282. Costs.
Sec. 4283. Charges.
Sec. 4284. Certification.
Sec. 4285. Authority in addition to other authorities.
Sec. 4301. Control of arms exports and imports.
Sec. 4311. General authority.
Sec. 4312. Procurement for foreign military cash sales.
Sec. 4313. Payments.
Sec. 4314. Charges.
Sec. 4315. Non-combat duties of United States personnel supporting foreign military sales.
Sec. 4316. Public information.
Sec. 4317. Standardization agreements.
Sec. 4318. Quality assurance and related services.
Sec. 4319. Restriction on sale of defense articles and defense services that would adversely affect United States combat readiness.
Sec. 4320. Acquisition of foreign-United States origin defense articles.
Sec. 4321. Return of defense articles.
Sec. 4322. Sale of obsolete naval vessels.
Sec. 4323. Annual estimate and justification for sales program.
Sec. 4324. Sales to United States companies for incorporation into end items.
Sec. 4325. Fiscal provisions relating to foreign military sales credits.
Sec. 4331. Licensing requirement for exporting or importing defense articles and defense services.
Sec. 4332. Impact of military expenditures on development.
Sec. 4333. Requirement for registration by exporters.
Sec. 4334. Identification of all consignees and freight forwarders.
Sec. 4335. Brokering activities.
Sec. 4336. Foreign persons.
Sec. 4337. Review of United States Munitions List.
Sec. 4338. Licensing of missiles and missile equipment or technology.
Sec. 4339. Special licensing authorization for certain exports to strategic United States allies.
Sec. 4351. Leasing authority.
Sec. 4352. Certification for leasing.
Sec. 4353. Congressional review and disapproval.
Sec. 4354. Application of other provisions of law.
Sec. 4355. Loan of materials, supplies, and equipment for research and development purposes.
Sec. 4356. Special leasing authority.
Sec. 4361. Authority to approve retransfers.
Sec. 4362. Demilitarization for retransfer of significant defense articles.
Sec. 4363. Proceeds of sale of retransferred defense articles.
Sec. 4364. Certification.
Sec. 4371. General authority.
Sec. 4372. Criminal and civil penalties.
Sec. 4373. Identification of persons of concern.
Sec. 4374. Standards to identify high-risk exports.
Sec. 4375. Requirement of exporters to report shipment.
Sec. 4376. End-use monitoring of defense articles and defense services.
Sec. 4377. Fees of military sales agents and other payments.
Sec. 4378. Prohibition on incentive payments.
Sec. 4381. Reports on commercial and governmental military exports; congressional action.
Sec. 4382. Congressional certification of sensitive foreign military sales and agreements.
Sec. 4383. Upgrade or enhancement.
Sec. 4384. Congressional review period and disapproval.
Sec. 4385. National security waiver of congressional review of arms sales.
Sec. 4386. Publication of arms sales notifications.
Sec. 4387. Certification requirement relating to Israel’s qualitative military edge.
Sec. 4391. Landmines.
Sec. 4392. Cluster munitions.
Sec. 4401. General provisions.
Sec. 4402. Administrative expenses.
Sec. 4403. Detail of appropriate personnel.
Sec. 4404. Rule of construction.
Sec. 4405. Performance goals for processing of applications for licenses to export items on United States Munitions List.
Sec. 4406. Availability of information on the status of license applications.
Sec. 4407. Requirement to ensure adequate staff and resources for the Directorate of Defense Trade Controls of the Department of State.
Sec. 4408. Overseas management of assistance and sales programs.
Sec. 4409. Designation of major United States allies.
Sec. 4410. Depleted uranium ammunition.
Sec. 4411. Definitions.
Sec. 5111. Authorization of assistance to prohibit the proliferation of nuclear, chemical, and biological weapons.
Sec. 5112. Education and training to enhance nonproliferation and export control capabilities.
Sec. 5113. Opposition of withdrawal from Treaty on the Non-Proliferation of Nuclear Weapons.
Sec. 5114. Matters relating to International Atomic Energy Agency.
Sec. 5115. Arms Control and Nonproliferation Scholarship Program.
Sec. 5116. Arms Control and Nonproliferation Rotation Program.
Sec. 5121. Licensing.
Sec. 5122. Denial of the transfer of missile equipment or technology by United States persons.
Sec. 5123. Transfers of missile equipment or technology by foreign persons.
Sec. 5124. Notification of admittance of MTCR adherents.
Sec. 5125. Authority relating to MTCR adherents.
Sec. 5126. Definitions.
Sec. 5131. Sanctions against certain foreign persons.
Sec. 5201. Findings.
Sec. 5202. Statement of policy.
Sec. 5203. Goal and objectives.
Sec. 5204. General authorities.
Sec. 5205. Authorization of Bureau of International Narcotics and Law Enforcement.
Sec. 5206. Use of funds.
Sec. 5207. Requirements relating to aircraft and other equipment.
Sec. 5208. Restrictions.
Sec. 5209. International counter-narcotics strategy.
Sec. 5210. International narcotics control assistance report.
Sec. 5211. Narcotics strategy evaluation.
Sec. 5301. Purposes.
Sec. 5302. Assistance to countries and multilateral organizations for counter-terrorism activities.
Sec. 5303. Counter-terrorism responsibilities of the Department of State.
Sec. 6001. Findings and statement of policy.
Sec. 6101. Findings and statement of policy.
Sec. 6102. Definitions.
Sec. 6103. Establishment of the Facility.
Sec. 6104. Eligibility for benefits.
Sec. 6105. Authority to engage in debt-for-nature swaps and debt buybacks.
Sec. 6106. Reduction of debt owed to the United States as a result of concessional loans or credits under this Act and certain other provisions of law.
Sec. 6107. Debt-for-Nature Agreement.
Sec. 6108. Eligible activities.
Sec. 6109. Debt-for-Nature Fund.
Sec. 6110. Responsibilities to the Congress.
Sec. 6111. General savings clause.
Sec. 6201. Commercial debt-for-nature exchange defined.
Sec. 6202. Authorization for commercial debt exchanges.
Sec. 6203. Eligible projects.
Sec. 6204. Eligible countries.
Sec. 6205. Prohibition.
Sec. 7001. Findings.
Sec. 7002. Authority for coordination.
Sec. 7101. Creation and purpose.
Sec. 7102. Prohibitions and restrictions.
Sec. 7103. Capital of the corporation.
Sec. 7104. Organization and management.
Sec. 7105. Investment Insurance and Other Programs.
Sec. 7106. Issuing authority; direct loan authority; discharge of liabilities.
Sec. 7107. Income and revenues.
Sec. 7108. General provisions relating to insurance, guaranty, and financing program.
Sec. 7109. General provisions and powers.
Sec. 7110. Reports to the Congress.
Sec. 7111. Definitions.
Sec. 7201. United States Trade and Development Agency.
Sec. 7301. Findings.
Sec. 7302. Purposes.
Sec. 7303. Authority to designate enterprise funds.
Sec. 7304. GAO reports.
Sec. 7305. Operation provisions.
Sec. 7306. Best practices and procedures.
Sec. 7307. Experience of other enterprise funds.
Sec. 9101. Quadrennial Diplomacy, Development, and Security Review.
Sec. 9102. Comprehensive workforce and human resources strategy.
Sec. 9201. Monitoring and evaluation of foreign assistance.
Sec. 9202. Monitoring and evaluation of humanitarian assistance.
Sec. 9301. Transparency and accountability in budgeting.
Sec. 9302. Congressional budget justification.
Sec. 9303. Report on allocation of assistance under this Act.
Sec. 9304. Security assistance database.
Sec. 9305. Classification of reports.
Sec. 9401. Notification of program changes.
Sec. 9402. Congressional notification parity.
Sec. 9403. Presidential findings and determinations.
Sec. 10001. Definitions.
Sec. 10101. Prohibition on assistance to governments that engage in violations of human rights.
Sec. 10102. Prohibition on assistance to certain human rights violators.
Sec. 10103. Prohibition on assistance to governments following coups d’état.
Sec. 10104. Prohibition on assistance to governments that prohibit or impede delivery of humanitarian assistance.
Sec. 10105. Prohibition on use of funds to support or justify torture.
Sec. 10106. Prohibition on assistance to governments engaged in intimidation and harassment against individuals in the United States.
Sec. 10201. Prohibition on assistance to governments that transfer nuclear enrichment equipment, materials, or technology.
Sec. 10202. Prohibition on assistance to governments that transfer nuclear reprocessing equipment, materials, or technology or nuclear explosive devices.
Sec. 10203. Security assistance to Pakistan.
Sec. 10301. Prohibition on assistance to drug traffickers.
Sec. 10302. Prohibition on assistance to state sponsors of drug trafficking.
Sec. 10303. Prohibition on reimbursements for drug crop eradications.
Sec. 10401. Prohibition on assistance to state sponsors of terrorism.
Sec. 10402. Prohibition on assistance to foreign governments supporting state sponsors of terrorism.
Sec. 10403. Prohibition on transactions with state sponsors of terrorism.
Sec. 10404. Transactions with countries not fully cooperating with United States counterterrorism efforts.
Sec. 10405. Withholding of United States proportionate share for certain programs of international organizations.
Sec. 10411. Conditional contributions to certain international organizations.
Sec. 10412. Limitation on assistance to the Palestinian Authority.
Sec. 10413. Limitation on assistance for the West Bank and Gaza.
Sec. 10414. Palestinian statehood.
Sec. 10415. Restrictions concerning the Palestinian Authority.
Sec. 10416. Prohibition on assistance to the Palestinian Broadcasting Corporation.
Sec. 10417. Assistance for the West Bank and Gaza.
Sec. 10418. Limitation on assistance to the Palestinian Authority.
Sec. 10419. Limitation relating to Palestinian status in the United Nations.
Sec. 10501. Prohibition on assistance for exporting United States jobs.
Sec. 10502. Prohibition on assistance to governments that expropriate United States property.
Sec. 10503. Prohibition on assistance for compensation relating to expropriated or nationalized property.
Sec. 10504. Prohibition on assistance to governments that refuse extradition requests.
Sec. 10505. Prohibition on taxation of foreign assistance.
Sec. 10506. Reimbursement of parking fines and real property taxes owed by governments.
Sec. 10507. Limitation on assistance to countries in default.
Sec. 10508. Prohibition on promotion of tobacco.
Sec. 10509. Prohibition on assistance for official gifts.
Sec. 10601. Contingencies.
Sec. 10602. Transfer between accounts.
Sec. 10603. Special waiver authority.
Sec. 11001. Definitions.
Sec. 11101. Delegations; regulations.
Sec. 11102. Role of the Secretary of State.
Sec. 11103. Role of the Chief of Mission.
Sec. 11104. Role of the Secretary of Defense.
Sec. 11105. Office for Global Women’s Issues.
Sec. 11106. Bureau for Energy Resources.
Sec. 11107. Bureau of Oceans, Environment and Science.
Sec. 11201. United States Agency for International Development.
Sec. 11202. Role of the Administrator.
Sec. 11203. Overseas missions.
Sec. 11204. Chairman of OECD Development Assistance Committee.
Sec. 11205. Responsibilities of the Inspector General of the United States Agency for International Development.
Sec. 11301. Operating expenses of the United States Agency for International Development.
Sec. 11302. Authorized uses of funds.
Sec. 11303. Operating expenses of the Office of the Inspector General.
Sec. 11304. Administrative authorities of the Department of Defense.
Sec. 11305. Working Capital Fund.
Sec. 11306. Suspension and debarment.
Sec. 11307. False claims and ineligible commodities.
Sec. 11308. Termination expenses.
Sec. 11309. Prohibition on certain first-class travel.
Sec. 11401. General assistance authorities.
Sec. 11402. Authority to conduct reimbursable programs.
Sec. 11403. Retention of interest.
Sec. 11404. Marking and branding of economic and humanitarian assistance.
Sec. 11405. Reductions in designated funds.
Sec. 11406. Requirement for authorization of appropriations.
Sec. 11407. Unexpended balances.
Sec. 11408. Authority for extended period of availability of appropriations.
Sec. 11409. Support for regional, international and nongovernmental organizations.
Sec. 11410. Protection of patents and technical information.
Sec. 11411. Private and voluntary organizations and cooperatives.
Sec. 11501. Procurement standards and procedures.
Sec. 11502. Local procurement.
Sec. 11503. United States competitiveness.
Sec. 11504. Small business.
Sec. 11505. Allocation or transfer of funds and reimbursement among agencies.
Sec. 11506. Retention and use of certain items and funds.
Sec. 11507. Foreign and domestic excess property.
Sec. 11508. Ocean freight differential.
Sec. 11509. Use of aircraft for additional purposes.
Sec. 11510. Streamlining and review of procurement process.
Sec. 11511. Overseas procurement flexibility.
Sec. 11512. Local guard contracts abroad.
Sec. 11513. Authority to pay transportation costs.
Sec. 11601. Separate accounts for local currencies.
Sec. 11602. Use of certain foreign currencies.
Sec. 11603. Accounting and valuation of foreign currencies.
Sec. 11701. Employment of personnel.
Sec. 11702. Experts and consultants.
Sec. 11703. Prohibition of discrimination against Federal personnel.
Sec. 11704. Foreign service limited appointments.
Sec. 11705. Technical advisors.
Sec. 11706. Personal services contractors for USAID.
Sec. 11707. Personal services contractors for the Department of State.
Sec. 11708. Hiring authority of Inspector General of the United States Agency for International Development.
Sec. 11709. Public availability of consulting contracts.
Sec. 11710. Senior Foreign Service requirement.
Sec. 11711. Pay parity for criminal investigators.
Sec. 11801. Details to foreign governments and international organizations.
Sec. 11802. Details to United States Government agencies.
Sec. 11803. Science and technology fellowship programs.
Sec. 11804. Foreign relations exchange programs.
Sec. 11805. Guidelines for rotational assignments.
Sec. 11901. Training of Federal personnel.
Sec. 11902. Career development.
Sec. 11903. Language skills development.
Sec. 12101. Amendments relating to assistance to combat HIV/AIDS, tuberculosis, and malaria.
Sec. 12102. Amendments to the Millennium Challenge Act of 2003.
Sec. 12103. Amendments to the Migration and Refugee Assistance Act of 1962.
Sec. 12104. Amendments to the Fulbright-Hays Act.
Sec. 12201. Repeal of laws incorporated in this Act.
Sec. 12202. Repeal of laws inconsistent with this Act.
Sec. 12203. Repeal of obsolete provisions of law.
Sec. 12204. Repeal of unnecessary reporting requirements.
Sec. 12301. References to former authorities.
Sec. 12302. Repeal of provisions amending other laws.
Sec. 12303. Savings provisions.
Sec. 12304. Effective date.
Congress finds the following:
(1) In an increasingly interdependent world, the health, prosperity, freedom, and security of the people of the United States are strengthened when the people of all countries can enjoy these same advantages.
(2) The development of a healthier, more peaceful, democratic, just and prosperous world requires the sustained and substantial investment of United States human and financial resources in fostering international cooperation and in building the capacity of other countries to meet the needs of their people and to conduct themselves responsibly in the international system.
(3) Foreign assistance is not only a reflection of the values, generosity, and goodwill of the people of the United States, but also an essential means for achieving United States foreign policy, economic, and national security objectives.
It is the policy of the United States to help build and sustain an international community composed of states that meet basic human needs, resolve conflicts peacefully, respect fundamental freedoms, cooperate to address issues that transcend national boundaries, use wisely the world’s limited resources in a sustainable manner, and work toward the achievement of economic well-being for all people.
In order to maximize effectiveness and efficiency, United States foreign assistance should be carried out in accordance with the following principles:
(1) Foreign assistance is not an end in itself. The purpose of foreign assistance is to create the conditions under which it is no longer needed.
(2) United States foreign assistance should support the development of human, financial, organizational, and technical capacity of partner countries, both within government and among civil society, that is sustainable over the long term and leads to self-reliance.
(3) United States foreign assistance, regardless of type, purpose, or recipient, should respect human rights and democratic processes.
(4) United States embassies and United States Agency for International Development missions in partner countries should be accorded a central role in planning, budgeting, and decisionmaking with respect to United States foreign assistance to those countries.
(5) United States foreign assistance programs should be carried out in collaboration with a wide variety of partners, including multilateral organizations, governments of partner countries at all levels, intermediate representative institutions, and international, United States, and local civil society organizations.
(6) Nonemergency United States foreign assistance should be provided pursuant to well-coordinated strategies with specific goals and measurable objectives, while preserving the flexibility to respond to rapidly changing situations.
(7) Monitoring and evaluation of United States foreign assistance should be conducted systematically to ensure financial accountability, evaluate performance, assess impact, determine lessons learned, disseminate findings, and identify steps for improvement.
(8) Because gender equality is essential to democracy, human rights and economic development, the needs, views, rights, roles, and resources of women should be taken into account in all stages of the foreign assistance process, including strategic planning, budgeting, design, implementation, monitoring, and evaluation.
(9) Because natural resources and a healthy, functioning environment underpin sustainable economic growth, health, and food security, the likely impact of United States foreign assistance policies and programs upon the environment should be taken into account in all stages of the foreign assistance process. Effective action should be taken to mitigate any negative impacts and to ensure that all people enjoy the same degree of protection from environmental and health hazards.
(10) The United States Government should publish timely, detailed, and comprehensive information on the budgeting, delivery, and expenditure of United States foreign assistance in order to enhance transparency and accountability for results and should encourage and facilitate similar transparency by the partner country regarding its national budget, government contracts, and aid-related expenditures.
(11) United States foreign assistance should be conducted within a coherent and coordinated structure that establishes clear lines of authority, delineates responsibilities, rationalizes functions, closes gaps, promotes policy consistency, and ensures civilian leadership.
(12) To ensure that United States foreign assistance achieves its intended objectives and to maximize its impact, the United States Government should design and implement such assistance in partnership with local stakeholders, including as appropriate and feasible, governments, intermediate representative institutions, civil society organizations, and affected communities.
(13) The success of United States foreign assistance in meeting humanitarian, foreign policy, and national security objectives depends on the sustained commitment of adequate and reliable budgetary resources as well as on the development, training, and maintenance of a diverse and experienced corps of professionals to design, manage, implement, and monitor such foreign assistance.
United States foreign assistance under this Act shall be provided in accordance with the policy set forth in section 3 and the principles set forth in section 4 to achieve the following interrelated and mutually reinforcing purposes:
(1) Reducing global poverty and alleviating human suffering.
(2) Advancing peace and mitigating crises.
(3) Supporting human rights and democracy.
(4) Building and reinforcing strategic partnerships.
(5) Countering transnational threats.
(6) Sustaining the global environment.
(7) Expanding prosperity through trade and investment.
Except as otherwise provided, in this Act:
(1) ADMINISTRATOR.—The term “Administrator” means the Administrator of the United States Agency for International Development.
(2) AGENCY OR USAID.—The term “Agency” or “USAID” means the United States Agency for International Development.
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.
(4) BASIC HUMAN NEEDS.—The term “basic human needs” means the requirements for sustaining life, health, and human dignity.
(A) a registered or unregistered nonprofit organization, independent of the government and state, including a private and voluntary organization, community or faith-based organization, advocacy group, business or trade association, cooperative, credit union, labor union, or philanthropic foundation;
(B) an independent media, educational, or research institution; or
(C) a private enterprise, including an international development firm, bank or other financial institution, or a business of any type.
(6) COUNTRY.—The term “country” means the government, civil society, and intermediate representative institutions of a state or specially administered area.
(i) subtitle A of title I;
(ii) the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.);
(iii) the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (22 U.S.C. 7601 et seq.);
(iv) title V of the International Security and Development Cooperation Act of 1980 (22 U.S.C. 290h et seq.; relating to the African Development Foundation); or
(v) section 401 of the Foreign Assistance Act of 1969 (22 U.S.C. 290f; relating to the Inter-American Foundation);
(B) official development assistance under any provision of law; and
(C) reconstruction assistance under any provision of law.
(8) ECONOMIC ASSISTANCE.—The term “economic assistance” means foreign assistance, other than assistance under subtitle B or C of title IV.
(9) FEDERAL AGENCY.—The term “Federal agency” has the meaning given the term Executive agency in section 105 of title 5, United States Code.
(10) FOREIGN ASSISTANCE.—The term “foreign assistance” means any tangible or intangible item provided by the United States Government to a foreign country or international organization under this or any other Act, including any training, service, or technical advice, any item of real, personal, or mixed property, any agricultural commodity, any gift, loan, sale, credit, guarantee, or export subsidy, United States dollars, and any currencies of any foreign country which are owned by the United States Government.
(11) FUNDAMENTAL FREEDOMS.—The term “fundamental freedoms” means the freedoms of association, assembly, expression, and religion.
(12) GENOCIDE.—The term “genocide” means an offense as described in section 1091 of title 18, United States Code.
(A) assistance under subtitle B of title I;
(B) emergency food assistance under title II of the Agricultural Trade Development and Assistance Act of 1954 (Public Law 83–480); and
(C) refugee and migration assistance under the Migration and Refugee Act of 1962.
(14) INSTITUTION OF HIGHER EDUCATION.—The term “institution of higher education” has the meaning given such term under section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).
(15) INTERMEDIATE REPRESENTATIVE INSTITUTION.—The term “intermediate representative institution” means an organization with the mandate to represent citizens in government and in political processes, such as a legislature, political party, advisory commission, or municipal council.
(16) INTERNATIONAL ORGANIZATION.—The term “international organization” means an international organization as defined in section 1 of the International Organizations Immunities Act (22 U.S.C. 288).
(A) means a group that is excluded by law, policy, or practice from participating on a full and equal basis in the political, economic, and social life of a country, including the enjoyment of all rights and freedoms; and
(B) includes women, poor people, youth, refugees, displaced or stateless persons, persons belonging to racial, national, ethnic, religious or linguistic minorities, persons with disabilities, and persons discriminated against on the basis of their sexual orientation or gender identity.
(18) MASS ATROCITIES.—The term “mass atrocities” includes war crimes, genocide or acts that may constitute genocide, and other crimes against humanity.
(19) MILITARY EDUCATION AND TRAINING.—The term “military education and training” includes formal or informal instruction of foreign students in the United States or overseas by officers or employees of the United States, contract technicians, contractors (including instruction at civilian institutions), or by correspondence courses, technical, educational, or informational publications and media of all kinds, training aids, orientation, and military advice to foreign military units and forces.
(20) NOTWITHSTANDING, ETC.—The terms “notwithstanding any other provision of law” and “notwithstanding any provision of this or any other Act” shall not apply to title 31, United States Code, the Congressional Budget and Impoundment Control Act of 1974, or the Budget Enforcement Act of 1990.
(21) PARTNER COUNTRY.—The term “partner country” means a country that is receiving or is eligible to receive foreign assistance.
(22) PRIVATE AND VOLUNTARY ORGANIZATION.—The term “private and voluntary organization” means a nonprofit, nongovernmental organization.
(i) enters into a contract, as described in section 6303 of title 31, United States Code, with the United States Government;
(ii) accepts a grant, as described in section 6304 of title 31, United States Code, from the United States Government; or
(iii) enters into a cooperative agreement, as described in section 6305 of title 31, United States Code, with the United States Government,
relating to the use by that entity of foreign assistance; and
(B) any subcontractor or subgrantee thereof.
(24) SECRETARY.—The term “Secretary” means the Secretary of State.
(25) SECURITY ASSISTANCE.—The term “security assistance” means foreign assistance under title IV or title V.
(26) UNITED STATES.—The term “United States”, when used in the geographic sense, includes each State of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Virgin Islands of the United States, and any other territory or possession of the United States.
(27) UNITED STATES ARMED FORCES.—The term “United States Armed Forces” means the Army, Navy, Air Force, Marine Corps, and Coast Guard.
Congress finds the following:
(1) The abject and dehumanizing conditions of extreme poverty, which affect more than a billion people around the world, are inimical to the achievement of a healthy, peaceful, democratic, just and prosperous world and an affront to shared human values.
(2) A principal objective of United States foreign policy is reducing global poverty and its worst physical manifestations through the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to building the economic, political, and social institutions that will improve the quality of their lives.
(3) Strengthening democratic governance and the political voice of poor and marginalized groups not only directly combats poverty but also helps build responsive, accountable state institutions essential to sustain the positive impact of foreign assistance over the long-term.
(4) United States efforts to reduce global poverty and alleviate human suffering reflect the compassion and generosity of the American people, while also serving United States economic and national security interests. Poor and unstable countries make unreliable trading partners and weak markets for United States goods and services. Violent extremism that threatens United States national security flourishes where democratic governance is weak, justice is uncertain, and legal avenues for change are in short supply.
(5) Complementing the long-term objective of reducing global poverty, the humanitarian concern and tradition of the people of the United States demands a commitment to saving lives and alleviating human suffering resulting from natural and human-caused disasters, and to taking effective action to prevent, prepare for, and mitigate such disasters.
(6) Pursuit of these interrelated objectives requires that development and humanitarian concerns be fully reflected throughout United States foreign policy, and that resources for these purposes be adequately and reliably budgeted and effectively and efficiently utilized.
(7) In order to achieve United States foreign policy and national security objectives, the United States should act in concert with other countries and multilateral institutions to mobilize adequate resources from public and private sources for poverty reduction and humanitarian relief.
It is the policy of the United States to undertake best efforts to—
(1) reduce global poverty, including by establishing and meeting, in cooperation with governments of developing countries, other public and private donors, multilateral institutions, nongovernmental organizations, businesses, and affected communities, international targets for the reduction of poverty; and
(2) prevent, prepare for, mitigate, and respond to humanitarian crises wherever such crises may occur.
(1) The sustained participation of United States private and voluntary organizations, community and faith-based organizations, charitable foundations, labor unions, cooperatives, and credit unions in international development and humanitarian relief, rehabilitation, and reconstruction significantly reduces poverty and alleviates human suffering through—
(A) application of accumulated expertise in the discipline of development;
(B) provision of social services in underserved communities;
(C) building the capacity of local organizations to operate with maximum effectiveness, thereby strengthening civil society and advancing self-reliance;
(D) establishing long-term partnerships with and between local communities, civil society organizations and governments of developing countries at all levels, thus helping to strengthen accountability, reduce corruption, build capable institutions, and sustain progress;
(E) empowering marginalized groups through access to information and a leadership role in decisionmaking processes; and
(F) serving as a voice for the poor and bringing best practices and lessons learned to bear on policymaking processes in the United States and worldwide.
(2) Such organizations, foundations, unions, and cooperatives, by mobilizing private United States financial and human resources, reflect the values and goodwill of the people of the United States and embody the American spirit of self-help.
(3) Advocacy groups and organizations that represent American political, legal, academic and business life have developed long-standing relationships with their overseas counterparts, helping to build people-to-people networks that strengthen civil society, protect human rights, support democratic institutions and foster a policy environment conducive to economic development.
(4) Similarly, the sustained participation of United States educational and research institutions in building the scientific, educational, and service capacities of developing countries is vital to the economic and social development of those countries, and at the same time strengthens the faculty and programs available to United States students.
(5) Because of their ability to attract and leverage private contributions, the entities described in paragraphs (1) through (4) are extremely cost-effective partners for providing foreign assistance.
(6) Because such entities, often using their own resources, develop and maintain long-term and independent relationships with their counterparts in foreign countries, they provide great expertise in program implementation, an important source of knowledge about local needs, attitudes, customs, and conditions, and a critical means for building trust and goodwill with local communities.
(1) encourage and facilitate, as appropriate, international activities of United States private and voluntary organizations, community and faith-based organizations, charitable foundations, labor unions, cooperatives, credit unions, and educational and research institutions in furtherance of the goals of this title;
(2) co-design, co-fund, and co-manage projects and strategies with such entities to meet jointly agreed development objectives;
(3) strengthen the capacity of such entities, without compromising their private and independent nature, to undertake effective international assistance efforts; and
(4) streamline and simplify the process by which such entities may compete for resources made available under this title.
(A) the donation of financial resources, technology, goods, and services;
(B) the sharing of training, technical, managerial, and business skills;
(C) the investment of capital and the development of trade relationships;
(D) the establishment and maintenance of partnerships with the governments of developing countries, local communities, and civil society organizations;
(E) partnering with local businesses and entrepreneurs;
(F) the expansion of job opportunities in impoverished communities; and
(G) the encouragement of private sector development and of the legal and institutional framework to support such development.
(2) Such businesses are often staffed by individuals with a strong commitment to and knowledge of developing countries, many of whom have served overseas, and who bring American values, know-how, and spirit of innovation.
(3) While some United States businesses have a long history of engagement with international development, bringing extensive experience, strong local ties and a proven track record of achievement, many others seek to establish first-time partnerships and new joint ventures.
(4) By leveraging contributions of United States businesses and facilitating public-private partnerships, the United States Government can maximize the impact of its efforts to improve social and economic conditions in developing countries.
(1) encourage and facilitate, to the maximum extent practicable, participation by United States businesses in achieving the purposes of this title;
(2) promote awareness by United States businesses, including small businesses, of opportunities to promote economic growth and expand markets in developing countries;
(3) facilitate partnerships between United States business and international and local nongovernmental organizations, including private and voluntary organizations, community and faith-based organizations, charitable foundations, labor unions, cooperatives, credit unions, and educational and research institutions, to reduce poverty and alleviate human suffering;
(4) build strategic alliances with United States businesses, drawing on their unique assets and experience, to solve complex problems in developing countries; and
(5) co-design, co-fund, and co-manage projects and strategies with United States business partners to meet jointly agreed development objectives.
(a) In general.—The Administrator is authorized and encouraged to establish a program of exchanges to strengthen individual and institutional capacity, share knowledge and best practices, build partnering skills and develop networks through professional exchanges between the Agency and the private sector, including businesses and nonprofit institutions.
(b) Strategic focus.—The exchanges authorized under subsection (a) should be designed to fill gaps and build capacity in areas of critical need, as determined by the Administrator and the private sector entity.
(c) Competitive awards.—The process for selecting individuals for the exchanges authorized under subsection (a) should be open and competitive, while offering opportunities to individuals with varying levels of professional experience.
(1) each participating individual (hereinafter referred to as a “Fellow”) shall continue to receive his or her salary, benefits, and rights of employment from the Agency or private sector entity, as the case may be; and
(2) in the case of a Fellow who is an employee of a private sector entity and is working at the Agency, the Fellow shall not be considered to be a Federal employee of the Agency, except for purposes of obtaining necessary access to buildings, office supplies, equipment and facilities.
(e) Parity in exchange.—The Administrator shall ensure that the total number of Fellows who are employees of the Agency and are working at private sector entities is substantially equivalent to the total number of Fellows who are employees of private sector entities and are working at the Agency.
(f) Other costs and expenses.—The Administrator shall prescribe policies and procedures regarding costs and expenses for Fellows other than policies and procedures regarding salaries and benefits.
(g) Term of service.—The Administrator shall determine appropriate lengths of service for Fellows, except that such service may not exceed a period of 2 years.
Congress finds the following:
(1) The goal of international development is to improve the quality of life for all people while preserving that opportunity for future generations.
(2) Successful economic development includes the eradication of extreme poverty and its worst physical manifestations.
(3) Abuses of power, failure to respect human rights, exclusion of and discrimination against societal groups, and unchecked violence, particularly against women and girls, are impediments to economic development.
(4) While each country must marshal its own economic and human resources in order to build and maintain the political, social, and economic institutions necessary to reduce poverty and improve the quality of life for its people, the magnitude of the need far exceeds the resources of most developing countries.
(5) The United States has acknowledged a collective responsibility for, as well as a national interest in, the reduction of global poverty through the promotion of long-term development that is participatory, equitable, self-reliant, and environmentally sustainable.
(6) A human rights-based approach that focuses on empowering women and girls has been shown to maximize development outcomes.
(7) Development is a long-term process that requires sustained attention and resources. Foreign assistance to achieve short-term political objectives or meet emergency humanitarian needs should not come at the expense of efforts to address the root causes of poverty and human suffering.
It is the policy of the United States to reduce global poverty by helping poor people in developing countries to participate in a process of self-sustaining, equitable, and environmentally sound economic growth through productive work and to influence decisions that shape their lives, with the goal of increasing their incomes and their access to public services that will enable them to satisfy their basic needs, exercise their rights, and lead lives of decency, dignity, and hope.
In order to maximize the reduction of global poverty, assistance under this subtitle should be carried out in accordance with the following principles:
(1) Development is primarily the responsibility of the people of developing countries themselves. Assistance should be used in support of, rather than substitution for, the self-help efforts that are essential to successful economic development.
(2) Assistance should be demand-driven and designed to support partner country ownership by respecting the development goals chosen through an open and inclusive process in the partner country.
(3) The United States Government should work to broaden country-level policy dialogue on development by promoting an open and inclusive process for choosing development goals, and by increasing the capacity of all stakeholders to participate meaningfully in that process.
(4) Persons affected by conflict or disaster—including refugees, stateless persons, and internally displaced persons, particularly those in protracted situations—are among the world’s most vulnerable to poverty, exclusion, exploitation and other abuses. Although they have tremendous potential to contribute to the growth and development of the communities and countries where they reside, these populations often lack access to development resources and programs. Such populations, as well as other marginalized groups, must be explicitly included in country development programs and national development strategies.
(5) Assistance should be concentrated in countries that have the greatest need for outside assistance and that will make the most effective use of such assistance in achieving the purposes of this subtitle.
(6) Program selection and design should be linked to results, by using performance frameworks and indicators that are included in or consistent with a developing country’s national development strategy, where possible, and by strengthening the country’s capacity and demand for results-based management.
(7) When partner country systems are transparent, accountable and effective, the United States Government should use such systems for delivering assistance. Where use of such systems is not feasible, the United States should establish additional safeguards and measures in ways that strengthen rather than undermine country systems.
(8) Even in countries where there is a strong and capable state, civil society should be included in the planning, design, management, delivery, monitoring and evaluation of foreign assistance.
(9) Assistance should focus on building the self-sufficiency of developing countries by upgrading human, technical, and institutional capacity, both inside and outside government, to effectively plan, manage, implement, monitor, and evaluate budgets, policies, and programs in a transparent and accountable manner that supports development objectives.
(10) The United States Government should take all appropriate steps to harmonize its planning, funding, conditionality, disbursement, monitoring, evaluation, and reporting with governments of developing countries and with other donors, including multilateral institutions, in order to simplify and reduce the administrative burdens, achieve a more effective division of labor that builds on donors’ comparative advantages, and improve accountability for results.
(11) In consultation with Congress and in conjunction with the Interagency Policy Committee on Global Development established under section 1020, the Administrator should engage in strategic and budgetary planning over a 3- to 5-year period that will enable the disbursement of assistance in a more timely and predictable manner.
(12) Personnel and management systems of the Agency should incorporate incentives for innovation and experimentation, with tolerance of reasonable risk-taking and training on risk-management.
(A) respect for the rule of law;
(B) fair, accessible, and timely administration of justice;
(C) representative and accountable institutions of governance;
(D) protection of human rights and fundamental freedoms;
(E) mechanisms of accountability and transparency;
(F) security of person, property and investments;
(G) enforcement of contracts and intellectual property rights;
(H) encouragement of private enterprise, free markets and labor rights; and
(I) a vibrant and informed civil society.
(14) An effective United States strategy to promote global poverty reduction and contribute to broad-based, sustainable economic growth must incorporate all United States policies having an impact on development, which include foreign assistance, debt relief, trade, agriculture, migration and remittances, environmental protection, technology transfer, and arms sales.
(15) Assistance should be provided in a manner that is flexible enough to adapt to the unique needs and capabilities of specific developing countries and changing situations on the ground, while remaining transparent and predictable enough to allow developing countries and other partners to plan and budget efficiently.
(16) Assistance should give priority to undertakings that will directly improve the lives of the poorest, most vulnerable and marginalized groups, and strengthen their capacity to participate in the political, economic, and social development of their countries.
(17) Investments in research, the fostering of innovation and the application of technology are essential to expanding the impact and effectiveness of development policies and programs. To ensure that such research, innovation and technology are appropriately harnessed, development assistance policies and programs should promote data collection and rigorous analysis, evidence-based decisionmaking, a culture of learning, a mechanism for scaling up successful methods and activities, and a process for sharing best practices.
(18) Gender equality is a matter of fundamental human rights, as well as being essential to the reduction of poverty and to the health, education and well-being of families and communities. Assistance should encourage and promote the full participation of women and girls in the decisions that affect their lives, elevate the role of women in their societies, ensure that women are fully integrated into United States policies and programs, afford women opportunities to support themselves and their families, equip and empower women to serve as leaders and as agents of transformation, and protect women and girls against discrimination and violence.
(19) Assistance should promote the wise and efficient use of natural resources to ensure stable economic growth and a healthy environment in which to live, learn, and work.
(20) Policies and programs carried out under this subtitle should promote, protect, and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, respect their inherent dignity, and encourage their full and effective participation in society on an equal basis with others.
(21) International and United Nations-affiliated agencies and multilateral development institutions are essential components of United States poverty reduction efforts. The United States Government should recognize the comparative advantages of such institutions, particularly with respect to investments in capital-intensive projects and in countries and regions where the United States does not have a large physical presence, while supporting reforms to make such institutions more accountable, responsive, and representative. In addition to direct financial contributions, the United States Government should provide technical and logistical assistance to such institutions as appropriate.
(22) Private investment and philanthropy and individual remittances are increasingly important sources of development resources. The United States Government should help to link the United States private sector with appropriate local partners, to encourage private investment in economic and social development programs to which the United States lends support, and to ensure complementarity between public and private development efforts.
(23) Assistance should be planned and utilized to encourage regional cooperation among developing countries in the solution of common problems and the development of shared resources.
In order to reduce poverty in developing countries, assistance under this subtitle shall be designed to further the following goals:
(1) Accelerating economic growth.
(2) Promoting food security.
(3) Advancing health.
(4) Expanding quality education.
(5) Protecting and restoring the natural environment.
(6) Improving access to safe water, sanitation, and housing.
(7) Fostering gender equality.
(8) Strengthening democratic governance.
(1) IN GENERAL.—The Administrator is authorized to provide assistance, on such terms and conditions as the Administrator may determine, to developing countries, in accordance with the policy described in section 1012 and the principles described in section 1013, to further the goals described in section 1014.
(2) COUNTRY STRATEGIES.—The annual congressional budget justification submitted under section 9302 shall specify the amount of funds to be made available to prepare and carry out Country Development Cooperation Strategies under section 1018.
(3) AVAILABILITY.—Funds made available under this section for a fiscal year are authorized to remain available until expended.
(4) DESIGNATION OF FUNDS.—Assistance authorized under this subsection shall be known as “Development Support Funds”.
(1) shall, to the maximum extent feasible, emphasize the development of local capacity and the establishment of sustainable institutions in the partner country; and
(2) should, to the extent feasible and if cost-effective, procure required goods and services in the partner country, or, if local procurement is not feasible or cost-effective, in another developing country in the same region.
(1) The absolute number and proportion of people in such country living in poverty.
(2) The country’s ranking on the Human Development Index or other similar measures of living standards and overall well-being.
(3) The country’s per capita income.
(4) The availability of domestic resources for development within such country.
(5) The availability of resources from other donors and investors in such country.
(6) The extent to which there is a political, social, and economic environment in such country that will enable funds to be used effectively and accountably to achieve lasting results.
(7) The performance record of the country in reducing poverty and responsibly using foreign assistance, if any, in the previous three to five-year period.
(8) The country’s demonstrated commitment to its own development, including investments in its people.
(9) Any other factors that the Administrator determines to be appropriate.
(1) ESTABLISHMENT.—The Administrator shall establish the criteria and methodology for determining the amount of assistance to be provided for each country under subsection (a). Such criteria and methodology shall—
(A) be based on the factors listed in subsection (c);
(B) use, to the maximum extent possible, objective and quantifiable indicators; and
(C) ensure that an appropriate proportion of funds are made available for each geographic region of the world.
(2) CONGRESSIONAL CONSULTATION.—The Administrator shall consult with the appropriate congressional committees on the criteria and methodology, including indicators, established pursuant to paragraph (1).
(3) PUBLIC AVAILABILITY.—The criteria and methodology, including indicators, established pursuant to paragraph (1) shall be made publicly available on the Internet website of the Agency.
(4) ANNUAL BUDGET SUBMISSION.—For each fiscal year, the Administrator shall include in the congressional budget justification submitted under section 9302 the rankings of each country according to the criteria and methodology established pursuant to paragraph (1).
(1) IN GENERAL.—Subject to paragraph (2), funds may be obligated to carry out a Country Development Cooperation Strategy under section 1018 or a sector strategy for development transmitted under section 1019 only pursuant to an agreement for a project or activity that constitutes an obligation of the full estimated amount of foreign assistance for the life of such project or activity.
(A) an obligation includes any sub-obligation of funds initially obligated under a Strategic Objective Agreement or other similar agreement;
(B) an agreement includes any grant, cooperative agreement, or contract entered into by the United States Government or a partner country with funds made available to carry out this subtitle; and
(C) funds, in addition to those obligated pursuant to subsection (a), may be obligated for a project or activity if the Administrator determines, on a case-by-case basis, and reports such determination to the appropriate congressional committees, that an additional obligation of funds is necessary in order to enable the Administrator to meet development objectives that could otherwise not be met absent such additional obligation.
(3) OUTLAYS AND EXPENDITURES.—The requirement in paragraph (1) shall not be construed to require outlays or expenditures for a project or activity which does not meet all applicable conditions relating to performance, accountability, and eligibility.
(a) Establishment.—The Administrator is authorized to establish a fund to support innovative projects and evidence-based solutions that may be tested, replicated, and scaled up in partner countries to significantly improve development outcomes.
(1) to transfer to the fund up to $50,000,000 of amounts made available for a fiscal year under section 1015, which may be used notwithstanding any other provision of law; and
(2) to accept contributions to the fund from foundations, corporations, and educational and nongovernmental organizations.
(c) Documentation.—A detailed description of all obligations and expenditures from the fund shall be made publicly available on the Internet website of the Agency, including a description of amounts, beneficiaries, locations, and intended purposes, at the time the obligation or expenditure is made.
(d) Lessons learned.—Each project supported by the fund shall be independently evaluated, and the results and lessons learned shall be made publicly available on the Internet website of the Agency.
(a) In general.—Under the direction of the President, and consistent with the results of the Quadrennial Diplomacy, Development, and Security Review, the Interagency Policy Committee on Global Development established under section 1020 shall prepare on a quadrennial basis a comprehensive strategy to further the United States foreign policy objective of promoting global development. Such strategy shall be known as the “United States Strategy for Global Development”.
(1) establish clear and specific goals and objectives for United States policies and programs to advance global development that are consistent with the principles of section 1013, internationally agreed development goals, and developing country priorities;
(2) explain how such goals and objectives are informed by and will be coordinated with internationally agreed goals, developing country strategies, and the programs of other bilateral and multilateral donors;
(3) identify major policy changes and key priorities for assistance that will be necessary to achieve such goals and objectives;
(4) provide evidence and data to support the proposed strategy and demonstrate how it would improve development effectiveness;
(5) define the respective roles of each Federal agency in carrying out the strategy;
(6) outline a process to enhance coordination among each such agency to ensure policy and program coherence;
(7) review and improve mechanisms for consulting with other development stakeholders;
(8) describe how crosscutting themes such as gender equality, human rights, environment, and conflict prevention will be integrated throughout the strategy;
(9) recommend mechanisms to ensure that the strategy can be adjusted to respond to new information and changing situations on the ground and to reflect best practices and lessons learned;
(10) estimate the requirements for human and financial resources and overseas infrastructure to carry out the strategy over the subsequent 4-year period; and
(11) include a plan, budget, and timetable for implementing the strategy, including any legislative requests and Executive orders to be issued.
(c) Consultation.—In preparing the strategy required under subsection (a), the Interagency Policy Committee on Global Development established under section 1020 shall consult with the appropriate congressional committees and relevant stakeholders.
(1) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act and every four years thereafter, the President shall transmit to the appropriate congressional committees a copy of the strategy required under subsection (a).
(2) AVAILABILITY TO PUBLIC.—The strategy transmitted under paragraph (1) shall be published on the Internet at the time of transmission to the appropriate congressional committees.
(a) In general.—Every 3 to 5 years, the Mission Director of the Agency in each country described in subsection (b) shall prepare a strategy for United States policies and programs relating to development in such country. Such strategy shall be known as the “Country Development Cooperation Strategy”.
(1) there is a full Agency mission; and
(2) significant violent conflict is neither ongoing nor likely.
(1) An overview of the country’s own development strategy and national sectoral plans, as reflected in its Poverty Reduction Strategy Paper or other official documents.
(2) An analysis of the process by which the country established its development strategy, including the extent to which the strategy reflects the input of marginalized groups and affected communities.
(3) An assessment of current gaps between relief and development programming, the country’s vulnerability to a natural or human-caused disaster and to the outbreak of violent conflict, and the steps being taken to close current programming gaps and to prevent, prepare for, or mitigate such a disaster or conflict.
(4) An assessment of the country’s vulnerability to climate change, and the special challenges such change is likely to pose.
(5) An assessment of the progress the country has made toward meeting its development goals and of the results of foreign assistance in the previous 3 to 5 years.
(6) An analysis of the major obstacles and challenges to achievement of the country’s development strategy, or in cases in which there is no strategy or the strategy is deeply flawed, the obstacles and challenges to achievement of internationally agreed development goals in the country.
(7) A description of the specific ways in which the United States can most effectively invest in the country’s development, including a review of the roles of the various donors and the areas of United States comparative advantage.
(8) A description of the roles of each participating Federal agency in carrying out the strategy.
(9) A description of the consultative mechanisms used in developing the strategy and the stakeholders consulted.
(10) A description of the mechanisms by which United States Government policies and programs relating to development will be harmonized with the country’s development strategy and assistance from other donors.
(11) A description of the linkages between the strategy and relevant sector strategies for development, including any assistance to be provided for the country pursuant to a sector strategy.
(12) An evaluation of the risks and tradeoffs contained in the approach recommended in the strategy.
(13) Specific, measurable goals and objectives for development assistance to the country over the next 3 to 5 years, including a list of indicators to be used in assessing impact, which to the maximum extent practicable shall reflect the country’s development strategy, shall be gender-disaggregated, and shall emphasize the reduction of extreme poverty.
(14) The total amount of development assistance requested for the country over the period of the strategy, and the estimated amount that would be devoted to each goal and objective for such assistance.
(15) A description of the types of projects and activities to be supported in pursuit of each goal and objective for such assistance.
(16) A description of the likely types of partners for each type of project or activity, which to the maximum extent practicable shall utilize and strengthen local procurement and delivery systems.
(17) A description of the personnel resources needed to implement the strategy, and any bureaucratic, logistical, or infrastructural impediments to deploying such resources.
(18) A description of how development assistance will build local capacity, strengthen country ownership, improve country systems, advance democratic governance, and reflect country priorities.
(19) A plan and budget for monitoring the performance and evaluating the impact of development assistance, which to the maximum extent practicable shall utilize and strengthen local monitoring and evaluation systems, and shall include data on a sex-disaggregated basis.
(20) A description of how development assistance will help to promote regional cooperation and integration.
(d) Consultation.—In preparing the strategy required under subsection (a), the Mission Director shall consult with a wide range of relevant stakeholders to ensure that the strategy is appropriate to local needs and conditions and incorporates the views of the partner country.
(1) BY ADMINISTRATOR.—Each strategy prepared under subsection (a) shall be submitted to the Administrator for review and approval.
(2) BY IPC.—Each strategy reviewed and approved under paragraph (1) shall be transmitted to the Interagency Policy Committee on Global Development established under section 1020 to ensure coordination with the United States Global Development Strategy and all other United States policies and programs relating to the partner country.
(1) TO CONGRESS.—Each strategy prepared under subsection (a) shall be transmitted to the appropriate congressional committees.
(2) TO PARTNER COUNTRY.—Each strategy prepared under subsection (a) shall be officially transmitted to the government of the partner country at the same time it is transmitted to the appropriate congressional committees under paragraph (1).
(3) PUBLIC AVAILABILITY.—Each strategy prepared under subsection (a) shall be published on the Internet website of the Agency not later than 3 days after it is transmitted to the government of the partner country under paragraph (2).
(A) IN GENERAL.—A strategy prepared under subsection (a) may be revised at any time, but any significant revision to such strategy shall be subject to the same consultation, review, and transmission requirements that are applicable to a strategy prepared under subsection (a).
(i) to a goal, objective, or indicator;
(I) the amounts to be provided for a goal or objective; or
(II) the number of personnel required; or
(iii) in the general nature of the projects or activities to be supported.
(g) Implementation.—None of the funds made available under section 1015 may be used to carry out a strategy prepared under subsection (a) until at least 15 days after the strategy is transmitted to the appropriate congressional committees under subsection (f)(1).
(a) In general.—Every 4 years, the Administrator shall prepare, consistent with the results of the Quadrennial Diplomacy, Development, and Security Review prepared under section 9101 and the United States Strategy for Global Development prepared under section 1017, individual strategies for achieving each of the goals of assistance described in paragraphs (1) through (8) of section 1014.
(1) specific objectives for the next 4-year period, including indicators and other measurements of success;
(2) a description of how such objectives relate to, are informed by, and will be coordinated with the development goals and relevant sectoral plans of partner countries, as well as with those of other bilateral and multilateral donors;
(3) a description of the roles of each Federal agency in carrying out the strategy, and the mechanisms for coordination;
(4) a description of policies and programs needed to achieve such objectives, and the proportion of resources to be provided to such policies and programs;
(5) a description of the ways in which research, innovation, and technology will be deployed in support of such objectives;
(6) a list of priority countries, regions, and intended beneficiaries on which resources would be focused;
(7) a description of the gender considerations taken into account, the role of women and girls as participants and beneficiaries of the strategy, and the impact the strategy will have on gender equality;
(8) a description of how the policies, programs, objectives and priorities have been informed by, and will respond to, conflict strategies and assessments issued pursuant to section 2021;
(9) an analysis of the key opportunities and challenges for achieving favorable results in the next 4-year period;
(10) a mechanism for ensuring that policies and programs undertaken pursuant to the strategy inform and are informed by, build upon, contribute to, and otherwise advance policies and programs pursuant to each of the other sector strategies required under this section;
(11) the amounts devoted to similar purposes in the previous 4-year period, the results achieved and the lessons learned; and
(12) the requirements for human and financial resources and overseas infrastructure to carry out the strategy over the next 4-year period.
(c) Consultation.—In preparing each strategy required under subsection (a), the Administrator shall consult with the appropriate congressional committees and a wide range of relevant stakeholders to ensure that the strategy is appropriate to local needs and conditions and incorporates the views of partner countries.
(d) Review and coordination.—Each strategy prepared under subsection (a) shall be transmitted to the Interagency Policy Committee on Global Development established under section 1020 to ensure coordination with the United States Global Development Strategy and all other United States policies and programs pertaining to that sector.
(1) SCHEDULE.—At the time of transmission of the United States Strategy for Global Development pursuant to section 1017, the Administrator shall transmit to the appropriate congressional committees a schedule for the completion within the next 2 years of an initial strategy for each of the goals described in section 1014.
(2) REGULAR TRANSMISSION.—Each strategy prepared under subsection (a) shall be transmitted to the appropriate congressional committees.
(3) PUBLIC AVAILABILITY.—Each strategy prepared under subsection (a) shall be published on the Internet website of the Agency not later than 3 days after it is transmitted to the appropriate congressional committees.
(A) IN GENERAL.—A strategy prepared under subsection (a) and transmitted pursuant to paragraph (2) may be revised at any time, but any significant revision to such strategy shall be subject to the same consultation, review, and transmission requirements that are applicable to a strategy prepared under subsection (a).
(i) to a goal, objective, or indicator;
(ii) in the general nature of the policies and programs to be supported;
(iii) in the priority countries, regions, or intended beneficiaries; or
(iv) of more than 10 percent of the proportion of resources to be provided to a policy or program.
(f) Implementation.—None of the funds made available under section 1015 may be used to carry out a strategy prepared under subsection (a) until at least 15 days after the strategy is transmitted to the appropriate congressional committees pursuant to subsection (e).
(a) Establishment.—The President shall establish an Interagency Policy Committee on Global Development (in this section referred to as the “Committee”) to coordinate United States budgets, policies, and programs affecting international development.
(b) Membership.—The Committee shall be composed of the Administrator and a senior representative of each Federal agency with policies or programs significantly affecting international development.
(c) Chairperson.—The President shall designate a member of the Committee to serve as its Chairperson, who shall report directly to the President.
(d) Vice Chairperson.—If the Administrator is not designated as Chairperson pursuant to subsection (c), then the Administrator shall serve as Vice Chairperson of the Committee.
(1) REGULAR MEETINGS.—Meetings of the Committee shall be held not less often than quarterly.
(2) ADDITIONAL MEETINGS.—In addition to its regular meetings, the Committee shall meet subject to the call of the Chairperson or the Vice Chairperson.
(f) Subordinate units.—The Committee may establish such subordinate units as it determines necessary.
(1) advise the President with respect to the coordination of United States budgets, policies, and programs affecting international development, including programs of bilateral and multilateral development assistance;
(2) promote policy consistency and coherence, and minimize program gaps and duplication;
(3) prepare, on a quadrennial basis, a comprehensive strategy to further the United States foreign policy objective of reducing global poverty, as described in section 1017;
(4) review, upon completion, Country Development Cooperation Strategies required under section 1018, and ensure that such strategies are coordinated with the United States Strategy for Global Development and all other United States policies and programs relating to the partner country;
(5) review, upon completion, the sector strategies for development prepared under section 1019, and ensure that such strategies are coordinated with the United States Strategy for Global Development and all other United States policies and programs relating to that sector;
(6) monitor and evaluate the results and impact of the development policies and programs carried out by each Federal agency;
(7) facilitate coordination, cooperation, and information sharing among Federal agencies; and
(8) define and rationalize the role of each Federal agency in carrying out development policies and programs.
(1) IN GENERAL.—The Administrator shall provide administrative and staff support to the Committee.
(2) OTHER AGENCIES.—The head of a Federal agency represented on the Committee may temporarily assign, upon the request of the Chairperson, one or more employees from the agency to the staff of the Committee.
(a) Policy.—To help protect national security and further United States economic, humanitarian, and strategic interests in the world, it is the policy of the United States Government to promote and elevate development as a core pillar of United States power and chart a course for development, diplomacy, and defense to reinforce and complement one another. The successful pursuit of development is essential to advancing United States national security objectives: security, prosperity, respect for universal values, and a just and sustainable international order. The effectiveness of this development policy will depend in large measure on how the United States engages with partners, beneficiaries of development assistance, and stakeholders. The United States will use evidence-based decisionmaking in all areas of United States development policy and programs, and will foster development expertise and learning worldwide.
(1) IN GENERAL.—The President shall establish a Global Development Council (in this section referred to as the “Council”) to advise and support the President in furtherance of the policy set out in subsection (a).
(2) LOCATED WITHIN AGENCY.—The Council shall be established for administrative purposes within the Agency, subject to the foreign policy and budgetary guidance of the Secretary.
(A) Not more than 12 individuals from outside the United States Government appointed by the President. Such members may serve as representatives of a variety of sectors, including, among others, institutions of higher education, non-profit and philanthropic organizations, civil society, and private industry.
(B) The Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Administrator of the United States Agency for International Development, and the Chief Executive Officer of the Millennium Challenge Corporation, who—
(i) shall serve as non-voting members of the Council; and
(ii) may designate, to perform the Council functions of the member, a senior-level official who is part of the member’s department, agency, or office, and who is a full-time officer or employee of the Federal Government.
(2) CHAIR AND VICE CHAIR.—The President shall designate a member of the Council to serve as Chair and another member to serve as Vice Chair. The Chair shall convene and preside at meetings of the Council, determine meeting agendas, and direct its work. The Vice Chair shall perform the duties of the Chair in the absence of the Chair and shall perform such other functions as the Chair may assign.
(3) TERMS.—The term of office of a member appointed by the President from outside the United States Government shall be 2 years, and such member shall be eligible for reappointment and may continue to serve after the expiration of such term until the President appoints a successor. A member appointed to fill a vacancy shall serve only for the unexpired term of such vacancy.
(A) innovative, scalable approaches to development with proven demonstrable impact, particularly on sustainable economic growth and good governance;
(B) areas for enhanced collaboration between the United States Government and public and private sectors to advance development policy;
(C) best practices for and effectiveness of research and development in low and middle income economies; and
(D) long-term solutions to issues central to strategic planning for United States development efforts;
(A) identifying key areas for enhanced collaboration and any barriers to collaboration; and
(B) recommending concrete efforts that the private and public sectors together can take to promote economic development priorities and initiatives; and
(3) increase awareness and action in support of development by soliciting public input on current and emerging issues in the field of global development as well as bringing to the President’s attention concerns and ideas that would inform policy options.
(1) IN GENERAL.—The heads of executive departments and agencies shall assist and provide information to the Council, consistent with applicable law, as may be necessary to carry out the functions of the Council.
(2) FUNDING AND ADMINISTRATIVE SUPPORT.—Funding and administrative support for the Council shall be provided by the Agency to the extent permitted by law and within existing appropriations.
(3) EXECUTIVE DIRECTOR.—The Administrator shall appoint an Executive Director who shall be a Federal officer or employee of the Agency and serve as a liaison to the Administrator and the Executive Office of the President and consult with relevant Federal departments, agencies, and offices on matters and activities pertaining to the Council.
(4) COMPENSATION; TRAVEL EXPENSES.—The members of the Council who are appointed from outside the Federal Government shall serve without compensation for their work on the Council. Members of the Council may receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.
(5) To the extent as the Federal Advisory Committee Act applies to the Council, any functions of the President under such Act, except functions relating to reporting to Congress, shall be performed by the Administrator in accordance with the guidelines issued by the Administrator of General Services.
(1) IN GENERAL.—Except as provided in paragraph (2), the Council shall terminate on the date that is 2 years after the date of the enactment of this Act.
(2) EXTENSION.—The Council may be extended by the President for additional two-year periods.
(3) REPORT.—Prior to exercising the authority under paragraph (2) to extend the Council, the President shall submit to the appropriate congressional committees a report on the activities of the Council during the previous two-year period.
The Administrator is authorized to use up to $1,000,000 of amounts made available under section 1015 in any fiscal year to support expansion and improvement of United States education about global poverty, the process and challenges of international development, and the interdependence of the United States and developing countries.
In this subtitle:
(1) AGRICULTURE.—The term “agriculture” means the science and practice of activities related to food, feed, livestock, or fiber production, processing, marketing, distribution, utilization, and trade, and encompasses the study and practice of family and consumer sciences, nutrition, food sciences, forestry, wildlife, fisheries, aquaculture, floraculture, livestock management, veterinary medicine, and other environmental and natural resource sciences.
(A) increasing the productivity of those involved in the production of food, fuel, and fiber, including farmers, fishers, foresters, and pastoralists, particularly those that operate on a small scale;
(B) linking producers to consumers through markets, including postharvest activities such as storage, processing, transport, and improving market efficiency;
(C) supporting a legal, regulatory, and policy environment that is conducive to agricultural investment and production; and
(D) strengthening technical, financial, and business service providers that help food producers grow their enterprises.
(3) COUNTRY SYSTEMS.—The term “country systems” means the public financial management, procurement, disbursement, and monitoring and evaluation systems of a country.
(4) DEVELOPING COUNTRY.—The term “developing country” means a country or area that is on the List of Official Development Assistance Recipients of the Development Assistance Committee of the Organization for Economic Cooperation and Development.
(A) means an entity directly or indirectly affected by the success of efforts to reduce poverty and promote self-sustaining, equitable, and environmentally sound economic growth in a partner country; and
(i) national, regional, and local governments and administering authorities, intermediate representative institutions, civil society organizations, and intended beneficiaries, including marginalized groups;
(ii) Federal agencies, congressional committees, the Government Accountability Office, and private partners; and
(iii) bilateral, multilateral, and private donors.
(6) FOOD SECURITY.—The term “food security” means that all people at all times have both physical and economic access to sufficient food to meet their dietary needs for a healthy and active life.
(i) directly or indirectly affected by a particular law, regulation, policy, process, program, project, or activity; or
(ii) involved in the funding, design, implementation, auditing, or oversight thereof; and
(i) national, regional, and local governments and administering authorities, intermediate representative institutions, civil society organizations, and intended beneficiaries, including marginalized groups;
(ii) Federal agencies, congressional committees, the Government Accountability Office, and private partners; and
(iii) bilateral, multilateral, and private donors.
(1) Broad-based and sustainable economic growth is the most powerful engine for reducing poverty, and is key to advancing human development. It is the surest way for countries to generate the resources they need to address illiteracy, poor health, and other development challenges on their own.
(2) By expanding incomes, economic growth helps families and individuals not only to meet their basic needs, but also to realize their unique capabilities, exercise greater freedom in their lives, and achieve their full human potential.
(3) Economic growth enables countries to offer better markets for United States goods and services and to become more effective partners with the United States in working toward a more stable, healthy, and prosperous world.
(4) Well-functioning, dynamic private markets promote economic activity and accelerate growth, providing increased incomes and employment.
(5) To encourage entrepreneurship and private investment, developing countries must create a favorable legal, policy and regulatory environment; an efficient and accountable system of public financial management; fair, transparent and predictable enforcement of property rights and contracts; effective procedures for resolving economic disputes among firms and individuals; and rigorous efforts to stem bribery and corruption.
(6) Even where markets are functioning well, differential access to education, technology, credit and other resources can cause economic benefits to be uneven. Expanding economic opportunity and access to the tools that help citizens engage in the market economy enables the poor, women and other marginalized groups to participate in and contribute to economic growth.
(7) An abundance of young people in a country with a weak economy and non-responsive government can leave individuals frustrated by the lack of jobs and opportunities. But youth are also key human resources for growth and positive change. When governments embrace policies that promote education, economic opportunities, the empowerment of women, and equitable access to resources, countries can capitalize on the productivity of a growing workforce to boost economic growth.
(8) Expanding trade regionally and internationally is critical for many of the smallest and poorest developing countries, where local demand is too weak to support large-scale expansion of production, employment, and incomes. Building trade capacity and removing trade barriers are essential to lasting economic growth.
(9) Heavy debt burdens, often accumulated under prior, undemocratic regimes, can undermine the ability of developing countries to invest in their people and make progress fighting poverty.
(10) United States international trade and economic policies are often formulated with little recognition or consideration of their impact on developing countries. More active participation by the Agency in interagency decisionmaking processes can help achieve greater balance among competing United States interests, ensuring that development is duly considered as a priority of United States foreign policy.
(b) Statement of policy.—It is the policy of the United States to work in cooperation with the international community to help partner countries achieve broad-based and sustainable economic growth that—
(1) includes all major income groups, marginalized groups and women;
(2) significantly reduces poverty;
(3) uses natural resources responsibly; and
(4) reduces dependence on foreign assistance.
(a) Goal.—The goal of assistance under this chapter is to accelerate broad-based and sustainable economic growth.
(1) Increase income-generating opportunities.
(2) Expand access to markets, capital, credit, land, and other productive resources.
(3) Enhance productivity through education and training.
(4) Improve the legal, regulatory and policy environment for business and trade.
(5) Build human and institutional capacity to compete in the global economy.
(a) In general.—The strategy required under section 1019 with respect to accelerating economic growth shall be known as the “Global Strategy for Economic Growth”.
(b) Contents.—The Global Strategy for Economic Growth shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1102.
(1) specify the role of microfinance and microenterprise development, including the resources to be devoted to promoting microenterprise;
(2) identify United States policies relating to trade, agriculture, debt, and other matters that have an impact on economic growth in developing countries, and recommend changes that would enhance development objectives;
(3) plan for long-term sustainability through linkages to regional and international markets and private investment;
(4) include mechanisms for increasing consultation, cooperation, and coordination with the private sector, in order to attract greater private sector participation in development activities;
(5) address the impact of remittances and identify ways that their development impact can be maximized;
(6) recommend methods for reducing illicit outflows of natural resources and capital from developing countries; and
(7) establish mechanisms for improving policy and program coordination among Federal agencies engaged in economic growth activities.
(a) Authorization.—The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries.
(1) Expanding income generating opportunities for the poor, including women.
(2) Enhancing the workforce by, among other things, providing job training and vocational skills appropriate to local needs and conditions.
(3) Improving access, particularly of women and the poor, to markets and productive resources, including credit and financial services, affordable and resource-conserving technologies, technical and market-related information, and property and inheritance rights.
(4) Strengthening the legal, policy, and regulatory framework for broad-based and sustainable economic growth, including the protection of private property and intellectual property.
(5) Supporting the development of cooperatives, credit unions, and labor unions.
(6) Expanding local capacity and demand for collection and analysis of statistical information.
(7) Promoting the development, reform or restructuring, as appropriate, of financial, monetary, fiscal and regulatory systems.
(8) Building and strengthening institutional capacities to plan, analyze, implement, manage, monitor and evaluate economic policies and programs.
(9) Promoting sound financial management practices and budgetary policies, and reducing corruption, waste, fraud and abuse.
(10) Increasing private sector competitiveness, strengthening local and regional markets, building trade capacity, and expanding trade ties.
(11) Promoting collaboration between public and private sector entities for the reduction of poverty and its worst physical manifestations, and encouraging private sector investment in projects benefitting the poor.
(12) Facilitating the development of social safety nets, pension plans, insurance networks, and other mechanisms designed to improve income security.
(13) Protecting internationally recognized worker rights, especially with regard to child labor.
(14) Developing and identifying analytical tools and methodologies to enable effective targeting and measurement of programs for women, the poor and very poor.
(15) Increasing the transparency of budgets and procurement processes, and the effectiveness of oversight, monitoring, accountability and audit mechanisms.
(a) Establishment of international standards.—The United States Government should seek, in appropriate multilateral fora, to establish voluntary international standards of fiscal and contract transparency, such as the public disclosure of budget documentation, including receipts and expenditures by ministry, and government contracts and licenses for natural resource extraction, including bidding and concession allocation practices.
(b) Partnerships for transparency.—The Administrator is authorized to use funds made available under this chapter to support improvements to fiscal and contract transparency in partner countries.
(c) Requirement.—The Administrator shall not provide direct government-to-government assistance under this Act for any government that fails to make its national budget publicly available on an annual basis.
(d) Definition.—In this section, the term “government-to-government assistance” means assistance for a project or activity that is managed directly by a partner government entity using its own financial management and procurement systems.
(1) Access by women and the poor to financial and business development services is a vital factor in reducing poverty and promoting sustainable economic growth in developing countries.
(2) Microfinance and microenterprise development programs have demonstrated high impact and long-term sustainability because they build capacity for self-help among the poor, especially women, thereby broadening the base for and increasing the inclusiveness of economic growth.
(3) In order to ensure that microenterprise programs promote the maximum financial inclusion of women, gender analysis should be integrated into microenterprise program design, implementation, monitoring and evaluation.
(4) A comprehensive approach to microenterprise development includes support for the provision of credit, savings, insurance, education and training, technical assistance, business development, and other financial services to women, poor people, and other marginalized groups.
(5) Microenterprise development and microfinance are particularly important to enhancing the livelihoods of refugees, displaced persons, and those affected by conflict, whose routine employment opportunities and access to productive resources have been reduced or disrupted.
(6) Microenterprise and microfinance activities should be thoroughly integrated into all aspects of development, especially including agriculture and health.
(7) United States Government support for microfinance and microenterprise development should complement private initiatives in this area by focusing on those who lack access to formal financial services, and on countries and sectors that have been underserved by private capital flows.
(8) United States Government funds should be used to catalyze and attract additional resources, including private sector funds, investment funds, and the savings of the poor, such as through matching fund opportunities and challenge grants.
(9) United States Government-supported microfinance lending should accept a higher level of risk than private lending in order to promote innovative products and methodologies and serve poorer and harder-to-reach populations.
(10) United States Government support for microenterprise development and microfinance should build the capacity of local institutions in order to enable them to better meet the credit, savings, and training needs of microfinance and microenterprise clients.
(11) Microfinance and microenterprise activities, especially those benefitting the very poor, should be a significant component of development assistance.
(b) Statement of policy.—It is the policy of the United States to promote a global strategy of financial inclusion for all, and especially the very poor and women, through support for microfinance and microenterprise development in partner countries.
(a) In general.—The Administrator shall establish a centrally managed fund for microfinance and microenterprise development activities, to be known as the “Microenterprise Fund”. Assistance provided through the Microenterprise Fund shall be in addition to assistance otherwise made available for such purposes.
(1) Expanding the availability of credit, savings and other financial and nonfinancial services to microfinance and microenterprise clients.
(2) Training, technical assistance and business development services for microenterprises.
(3) Capacity-building for microfinance and microenterprise institutions.
(4) Improving the legal and regulatory environment for microenterprise and for financial institutions that serve the poor and very poor.
(5) Developing new and innovative microfinance and microenterprise products and services.
(6) Developing, identifying and testing tools that facilitate better targeting of programs to the very poor, women, and other disadvantaged groups.
(7) Providing targeted core support for microfinance and microenterprise networks and other practitioners.
(1) VERY POOR AND WOMEN.—At least 50 percent of the assistance provided through the Microenterprise Fund shall be targeted to microenterprise clients who are very poor, and a significant proportion of such assistance shall be targeted to women.
(2) POVERTY ASSESSMENT TOOLS.—In targeting assistance pursuant to paragraph (1), the Administrator shall identify, field-test, and certify for use no fewer than two low-cost methods to assess the poverty levels of incoming or prospective clients of microenterprise institutions, and shall require that all private partners use one of the certified methods.
(1) match such assistance, to the greatest extent practicable, with non-United States Government resources, including funds from other donors, commercial or concessional borrowing, participant savings, and program income;
(2) maintain low overhead and administrative costs;
(3) are highly technically competitive;
(4) design their programs to meet the needs of women;
(5) target their resources at the very poor;
(6) design their programs for maximum financial sustainability; and
(7) adopt robust client protection principles and incorporate them into their practices.
(a) Establishment.—There is established within the Agency an Office of Microenterprise Development (hereafter in this section referred to as the “Office”), which shall be headed by a Director who shall be appointed by the Administrator and who should possess technical expertise and ability to offer leadership in the field of microenterprise development.
(1) administering the Microenterprise Fund established under section 1112;
(2) developing a comprehensive and coherent plan, which shall be made available to the public, for promoting financial inclusion for all through microfinance and microenterprise development programs;
(3) ensuring that such plan is integrated into the Global Strategy for Economic Growth described in section 1103 and other country and sector strategies for development, as appropriate;
(4) advising and providing technical support to Agency missions regarding the design and implementation of microfinance and microenterprise development programs, including through incorporation of such programs into Country Development Cooperation Strategies;
(5) setting performance goals and indicators to ensure that microfinance and microenterprise development activities benefit the very poor and women; and
(6) collecting and disseminating detailed data to document the impact of microfinance and microenterprise development activities on the very poor and women.
In this subchapter:
(1) MICROENTERPRISE.—The term “microenterprise” means a firm of 10 or fewer employees, including unpaid workers, which is owned and operated by someone who is poor.
(2) MICROFINANCE.—The term “microfinance” means activities to provide, or to increase the availability of, credit, savings, insurance, and other financial services to microenterprises.
(A) in the bottom 50 percent of those below the poverty line in their country of residence; or
(B) below the World Bank international extreme poverty line.
(1) Small and medium enterprises (SMEs) are key drivers of competition, growth, and job creation, particularly in developing countries. They make up an estimated 90 percent of businesses and over 50 percent of employment worldwide.
(2) Access to financial services for SMEs remains severely constrained in many emerging markets.
(3) The global financial crisis created a financing gap that particularly affected SMEs, making it more difficult for these enterprises to find the capital to grow their businesses and create jobs.
(4) Even as liquidity is restored to financial institutions, lending volumes remain depressed and SMEs still have limited access to financing.
(5) The lack of agribusinesses in rural areas has contributed to the growth of urban slums and a burgeoning population of disaffected youth.
(6) Increasing access to finance for SMEs is best achieved by increasing the depth and breadth of local financial markets and boosting the competitiveness of the private financial sector.
(7) Enabling growth—and ensuring that poor people can participate—requires an environment where people are able to start and grow businesses, as well as create more jobs.
(1) building the capacity of SMEs;
(2) increasing SME access to financial services, technology, training, and other resources; and
(3) reducing the legal and bureaucratic hurdles to starting a business.
The Administrator is authorized to use funds made available under this chapter for programs to encourage entrepreneurship and strengthen small and medium enterprises in partner countries, including:
(1) Training in entrepreneurship, including basic business management, accounting, bookkeeping, marketing, risk management, and computer skills.
(2) Agriculture entrepreneurship training, particularly to increase employment opportunities in rural areas.
(3) Establishing youth entrepreneurship programs in schools or through community partnerships with business and youth organizations to promote economic skills, ethics, integrity, and healthy life skills among youth.
(4) Strengthening laws, regulations, and enforcement mechanisms to protect national and international intellectual property rights and to protect the people and industries of developing countries against imported counterfeit goods.
(5) Combating anti-competitive, unethical, and corrupt practices.
(6) Improving the technology and information resources of financial institutions and small and medium enterprises.
(7) Promoting the establishment of lending programs of financial institutions for small and medium enterprises.
(8) Developing internal credit rating systems and credit assessment tools that improve the ability of financial institutions to evaluate risk.
(9) Programs specifically targeted to small and medium enterprises owned by women, youth, and displaced persons.
In this subchapter, the term “small and medium enterprise” means a corporation, sole proprietorship, partnership, or other legal entity that—
(1) has its principal place of business in a partner country;
(2) is owned or controlled by persons who are citizens of such partner country; and
(3) has fewer than 50 employees.
(1) IN GENERAL.—The Administrator is authorized to provide direct loans, loan guarantees, and other investments involving the extension of credit to achieve any of the goals of this subtitle in cases in which—
(A) the borrowers or activities are determined to be sufficiently creditworthy and do not otherwise have access to such credit; and
(B) the use of credit authority is appropriate to the achievement of such goals.
(2) DESIGNATION.—Assistance authorized under this subsection shall be known as the “Development Credit Authority”.
(1) the policy described in section 1111(b);
(2) sustainable urban and environmental activities described in chapters 5 and 6; and
(3) policy and institutional reforms in accordance with the objectives of this chapter.
(1) DEFAULT PROVISION.—For purposes of this Act, the default of a private sector recipient of assistance provided under this section shall not be considered to be the default of the government of the country in which the private sector recipient is located.
(2) COMMODITY PROVISION.—Assistance may be provided under this section without regard to commodity restrictions (as such term is defined in section 11001).
(1) IN GENERAL.—Assistance provided under this section shall be offered on such terms and conditions, including fees charged, as the Administrator may determine.
(2) LIMITATION.—The principal amount of loans made or guaranteed under this section in any fiscal year, with respect to any single country or borrower, may not exceed $100,000,000.
(3) FRAUD AND MISREPRESENTATION.—No payment may be made under any guarantee issued under this section for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible.
(e) Full faith and credit.—All guarantees issued under this section shall constitute obligations, in accordance with the terms of such guarantees, of the United States of America and the full faith and credit of the United States of America is hereby pledged for the full payment and performance of such obligations to the extent of the guarantee.
(1) IN GENERAL.—Assistance provided under this section shall be in the form of co-financing or risk sharing.
(2) REQUIREMENT.—Credit assistance may not be provided to a borrower under this section unless the Administrator determines that there are reasonable prospects of repayment by such borrower.
(3) ADDITIONAL REQUIREMENT.—The investment or risk of the United States in any one development activity may not exceed 80 percent of the total outstanding investment or risk.
(1) IN GENERAL.—In order to be eligible to receive credit assistance under this section, a borrower shall be sufficiently credit worthy so that the estimated costs (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of the proposed credit assistance for the borrower does not exceed 30 percent of the principal amount of credit assistance to be received.
(A) IN GENERAL.—With respect to the eligibility of a foreign government as an eligible borrower under this section, the Administrator shall make a determination that the additional debt of the government will not exceed the debt repayment capacity of the government.
(B) CONSULTATION.—In making a determination under paragraph (A), the Administrator shall consult, as appropriate, with international financial institutions and other institutions or agencies that assess debt service capacity.
(1) IN GENERAL.—The Administrator shall use the Interagency Country Risk Assessment System (ICRAS) and the methodology approved by the Office of Management and Budget to assess the cost of risk credit assistance provided under this section to foreign governments.
(A) shall consult with appropriate private sector institutions, including large United States private sector debt rating agencies, prior to establishing the risk assessment standards and methodologies to be used; and
(B) shall periodically consult with such institutions in reviewing the performance of such standards and methodologies.
(3) USE OF COST AND RISK ASSESSMENT DETERMINATIONS OF PRIVATE SECTOR CO-FINANCING ENTITIES.—In addition, if the anticipated share of financing attributable to public sector owned or controlled entities, including the Agency, exceeds 49 percent, the Administrator shall determine the cost (as defined in section 502(5) of the Federal Credit Reform Act of 1990) of such assistance by using the cost and risk assessment determinations of the private sector co-financing entities.
(i) Retention of receipts collected.—Receipts collected pursuant to this section, and the Federal Credit Reform Act of 1990, in an amount not to exceed the amount appropriated for a fiscal year, shall be credited as offsetting collections for Development Support Funds, and shall be used to reduce, on a dollar-for-dollar basis, appropriations for that purpose. Amounts collected in a fiscal year in excess of obligations shall remain available until expended.
(1) IN GENERAL.—The Secretary of the Treasury, in consultation with the Secretary of State and the Administrator, is authorized to establish a program to provide technical assistance to foreign governments and foreign central banks of partner countries.
(2) ROLE OF SECRETARY OF STATE.—The Secretary of State shall provide foreign policy guidance to the Secretary of the Treasury to ensure that the program established under this subsection is effectively coordinated with United States foreign policy.
(3) ROLE OF ADMINISTRATOR.—The Administrator shall provide development guidance to the Secretary of the Treasury to ensure that the program established under this subsection is effectively coordinated with United States development policy and furthers the goals of this subtitle.
(1) IN GENERAL.—In carrying out the program established under subsection (a), the Secretary of the Treasury shall provide economic and financial technical assistance to foreign governments and foreign central banks of partner countries by providing advisers with appropriate expertise to advance the enactment of laws and establishment of administrative procedures and institutions in such countries to promote financial integrity, financial inclusion, consumer protection, financial education, macroeconomic and fiscal stability, efficient resource allocation, transparent and market-oriented processes and sustainable private sector growth.
(A) tax systems that are fair, objective, and efficiently gather sufficient revenues for governmental operations;
(B) debt issuance and management programs that rely on market forces;
(C) budget planning and implementation that permits responsible fiscal policy management;
(D) commercial banking sector development that efficiently intermediates between savers and investors; and
(E) financial law development and enforcement to protect the integrity of financial systems, financial institutions, and government programs.
(3) EMPHASIS ON ANTI-CORRUPTION.—Such technical assistance shall include elements designed to combat anti-competitive, unethical, and corrupt activities, including protection against actions that may distort or inhibit transparency in market and trade mechanisms and, to the extent applicable, privatization procedures.
(1) in consultation with the Secretary of State and the Administrator, establish a methodology for identifying and selecting foreign governments and foreign central banks to receive assistance under the program;
(2) prior to selecting a foreign government or foreign central bank to receive assistance under the program, receive the concurrence of the Secretary of State with respect to the selection of such government or central bank and with respect to the cost of the assistance to such government or central bank;
(3) consult with the heads of appropriate Federal agencies and international financial institutions to avoid duplicative efforts with respect to those foreign countries for which such agencies or organizations provide similar assistance;
(4) ensure that the program is consistent with the global, sector, and country strategies being implemented by the Agency; and
(5) establish and carry out a plan to monitor and evaluate the program, consistent with the requirements of section 9201.
(d) Administrative authorities.—The administrative authorities applicable to the Secretary of State with respect to funds made available under this Act shall also be applicable to the Secretary of the Treasury with respect to funds made available under this section.
(e) Issuance of regulations.—The Secretary of the Treasury is authorized to issue such regulations with respect to personal service contractors as the Secretary determines necessary to carry out this section.
(f) Rule of construction.—Nothing in this section shall be construed to infringe upon the powers or functions of the Secretary of State (including the powers or functions described in section 103 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4802)) or of any chief of mission (including the powers or functions described in section 207 of the Foreign Service Act of 1980 (22 U.S.C. 3927)).
(g) Termination of assistance.—The Secretary of the Treasury shall conclude assistance activities for a recipient foreign government or foreign central bank under the program established under subsection (a) if the Secretary of the Treasury, after consultation with the appropriate officers of the United States, determines that such assistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative procedures, efficient resource allocation, transparent and market-oriented processes and private sector growth in a sustainable manner.
(1) INTERNATIONAL FINANCIAL INSTITUTION.—The term “international financial institution” means the International Monetary Fund, the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Multilateral Investment Guarantee Agency, the Asian Development Bank, the Asian Development Fund, the African Development Bank, the African Development Fund, the Inter-American Development Bank, the Inter-American Investment Corporation, the European Bank for Reconstruction and Development, and the Bank for Economic Cooperation and Development in the Middle East and North Africa.
(A) the provision of expert advisers to assist foreign governments and foreign central banks for the purposes described in subsection (b)(1);
(B) training in the partner country, the United States, or elsewhere for the purposes described in subsection (b)(1);
(C) grants of goods, services, or funds to foreign governments and foreign central banks for the purposes described in subsection (b)(1);
(D) grants to United States or local nonprofit organizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks; and
(E) study tours for foreign officials in the United States or elsewhere for the purpose of providing technical information to such officials.
(3) FOREIGN PARTICIPANT.—The term “foreign participant” means a national of a partner country who has been designated to participate in activities under the program established under subsection (a).
(1) Hunger robs the poor of a healthy and productive life and stunts the mental and physical development of the next generation. The persistence of widespread hunger and malnutrition constitutes an affront to shared moral values and humanitarian principles.
(2) Food insecurity and chronic hunger are expanding rapidly in developing countries, forcing millions of people into poverty, contributing to political and social instability, eroding economic growth, and undermining investments in basic education, health, environmental protection, and democratic institutions.
(3) Volatility and real increases in food prices, which are expected to grow as grain production fails to keep pace with rising demand, cause food insecurity and hunger for poor people even when sufficient food is available on the market.
(4) The changing global climate, as well as the degradation of land and water resources, threatens food security, livelihoods and the environment worldwide but particularly for those already most vulnerable: the millions of rural poor in developing countries.
(5) The pressures on world food supplies and agricultural land use caused by population growth, rapid urbanization, energy, agricultural and trade policies in industrialized countries, water scarcity, and climate change require a global commitment to sustainable agriculture and the environment.
(6) Lack of transparent regulations, inconsistent and unpredictable public policies in developing and developed countries, and unreliable mechanisms to enforce contracts between businesses serve to undermine development goals, deter private investment, and limit the ability of agricultural producers and businesses to access capital. This situation reduces the incentives for agricultural producers to increase the quantity, quality, and value of their agricultural production.
(7) Reducing chronic hunger is essential to build a foundation for investments in health, education and economic growth. It is critical to the security and productivity of individuals, families, communities, and nations.
(8) Approximately three-quarters of people in developing countries live in rural areas, with the vast majority dependent on agriculture for their livelihoods. Agricultural development is a proven engine of growth that reduces global hunger and poverty.
(9) Women will be a pivotal force behind achieving a food secure world. In many developing countries, farming is done mostly by women. However, women only own 2 percent of land worldwide and often have limited access to agriculture inputs, loans, and opportunities to learn about improved techniques. When gains in income are controlled by women, they are more likely to be spent on food and children’s needs, thus amplifying the benefits of investments in women across families and generations.
(10) The 1,000 days between a woman’s pregnancy and her child’s second birthday offer a unique window of opportunity to help families, communities, and countries break the cycle of poverty. Solutions to improve maternal and child nutrition in the 1,000-day window are readily available, affordable, and cost-effective, including vitamins and minerals and good nutritional practices, such as breastfeeding.
(A) food availability, such that sufficient quantities of appropriate, necessary types of food are consistently available to all persons;
(B) food access, such that individuals have adequate incomes or other resources to consistently maintain an adequate diet, and food is allocated equitably within households;
(C) food utilization and consumption, such that people have the knowledge and basic sanitary conditions to choose, store, prepare and distribute food in a way that results in good nutrition for all family members;
(D) stability, such that the ability to access and utilize food remains stable and sustained over time, regardless of adverse weather conditions, political instability, or economic factors; and
(E) food quality and safety, such that food supplies provide adequate nutritional value, are free of contamination, and are fit for human consumption.
(12) The greatest potential for significantly expanding availability of food for people in rural areas and augmenting world food production at relatively low cost lies in increasing the productivity of small farmers, who constitute a majority of the agricultural producers in developing countries.
(13) However, increasing the efficiency of agricultural producers alone will not result in higher incomes and reduced hunger unless surplus harvest and products can be sold in well-functioning local, national, regional, or international markets. Development of strong, integrated, local, national, and regional agriculture and food markets will increase the availability of safe and nutritious food, decrease local prices, and expand economic growth.
(14) The United States should emphasize policies and programs that assist developing countries to increase their national food security by improving their food policies and management and by strengthening national food reserves, with particular concern for the needs of the poor, through measures encouraging domestic production.
(15) The long-term food security of developing countries requires that adequate legal and procedural mechanisms are in place to protect local rights and the welfare of rural poor people who depend on agriculture for their livelihoods.
(16) While the United States cannot be expected to shoulder the majority of global investments in ending hunger and providing food security, the United States can and should lead the international community by demonstrating a sustained commitment and a comprehensive approach to meeting international goals and targets for reducing hunger and undernutrition.
(17) Partner countries should decide their needs, priorities, and strategies for agricultural development and food security through an open, participatory and inclusive process that takes into account the needs and views of poor people, women, and other marginalized groups. International efforts to improve food security and nutritional status are not sustainable over the long term without robust leadership and ownership by partner countries.
(18) Nongovernmental organizations and cooperatives are particularly important for combating food insecurity and increasing the sustainability of public investments. Given their close ties to local communities, such organizations and cooperatives are often effective at ensuring that people who are very poor and vulnerable are consulted about and benefit from agricultural and nutrition programs.
(19) Educational and research institutions play a key role in developing the institutional capacity and human resources of developing countries, including the establishment and strengthening of agricultural research and extension services, the development of networks for scientific collaboration, the dissemination of improved methods and technologies, and the training of students, teachers, researchers and practitioners.
(20) With their convening authority and technical expertise, multilateral institutions play a central role in efforts to enhance food security by providing emergency assistance, undertaking research and analysis, offering a platform for sector-wide investments in agriculture, and providing a significant portion of the external financing for investment projects and programs in developing countries. They are important not only to mobilizing and coordinating donor country commitments, but also to promoting global mutual accountability among donors, partner countries and other stakeholders.
(21) Public sector investments alone, while important, are not sufficient to sustainably reduce poverty and food insecurity. The private sector brings necessary financial resources, human capital, technological resources, intellectual property, market access, cutting-edge business practices, in-country networks, and other relevant experience.
(b) Statement of policy.—It is the policy of the United States to recognize the human right to food and to work in cooperation with the international community to end hunger and achieve universal food security.
(a) Goal.—The goal of assistance under this chapter is to sustainably reduce global hunger.
(1) Accelerating inclusive agriculture sector growth.
(2) Improving nutritional status, especially of women and children and other vulnerable populations.
(3) Increasing resilience in vulnerable rural communities.
(a) In general.—The strategy required under section 1019 with respect to food security shall be known as the “Global Strategy for Food Security”.
(b) Contents.—The Global Strategy for Food Security shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1202.
(1) address the root causes of hunger that limit the potential of millions of people;
(2) reduce gender inequality and integrate gender concerns;
(3) promote climate-resistant and environmentally sustainable agricultural development;
(4) concentrate efforts and resources on core countries where the Rome Principles (as defined in section 1208) can best be realized;
(5) be tailored to improving the nutritional status of women, infants and children, particularly during the 1,000 day critical window of opportunity between a woman’s pregnancy and her child’s second birthday, in which a set of proven nutrition interventions can dramatically improve the child’s chances of surviving and living a healthy and prosperous life;
(6) invest in country-owned plans that are designed through an open, participatory, and inclusive process and support results-based programs and partnerships;
(7) strengthen strategic coordination to mobilize and align the resources of diverse partners and stakeholders;
(8) ensure a comprehensive approach that accelerates inclusive agricultural-led growth and improves nutrition, while also bridging humanitarian relief and sustainable development efforts;
(9) leverage the benefits of multilateral institutions so that priorities and approaches are aligned, investments are coordinated, and financial and technical assistance gaps are filled; and
(10) deliver on sustained and accountable commitments, using benchmarks and targets to measure progress toward shared goals, and hold the United States and other stakeholders publicly accountable for achieving results.
(a) Authorization.—The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter.
(A) increasing access to agricultural inputs, techniques, and technologies that are affordable and environmentally responsible;
(B) developing inputs, techniques, and technologies that are adapted to local conditions;
(C) expanding access to knowledge through agricultural extension;
(D) strengthening property rights to land and other productive assets;
(E) enhancing sustainability and resilience of production through sound environmental and natural resource management;
(F) increasing access to dependable and affordable financial and risk management services;
(G) strengthening agricultural producer organizations; and
(H) strengthening regional harmonization and coordination;
(A) increasing the quality and availability of market information for producers and enterprise owners;
(B) improving post-harvest market infrastructure;
(C) improving access to business development and financial services;
(D) enhancing animal, plant and food safety;
(E) reducing the time and cost of moving goods across borders;
(F) creating an enabling policy environment for agribusiness growth and private investment, including transparent regulations, consistent and predictable public policies, and reliable contract enforcement mechanisms;
(G) expanding access to larger and better functioning regional markets; and
(H) supporting regional development corridors;
(A) supporting community-based programs to deliver nutrition education;
(B) improving diet quality and diversity, including in food assistance programs;
(C) expanding access to clean water and improved sanitation and promoting good hygiene practices;
(D) expanding delivery of nutrition services; and
(E) facilitating supplementary and therapeutic feeding;
(A) mitigating risks associated with drought, natural disasters, and disease;
(B) promoting secure access to land and natural resources;
(C) expanding access to financial services, training, and technical assistance for microenterprises and small businesses;
(D) supporting effective delivery and implementation of productive safety nets and social protection systems;
(E) building capacity to manage risk through early warning systems, vulnerability assessment and mapping, emergency response strategies, and micro-insurance;
(F) increasing the benefits of local and regional food assistance procurement to smallholder farmers; and
(G) adopting and delivering extension and financial services and improved technologies to very poor communities; and
(A) expanding and facilitating the inclusion of women, rural poor people, and other marginalized groups in decisionmaking;
(B) building the capacity of the groups described in subparagraph (A) to participate effectively in decisionmaking;
(C) developing and enforcing legal protections for the rights and welfare of the groups described in subparagraph (A);
(D) setting meaningful benchmarks and selecting appropriate indicators for the chosen strategies;
(E) improving the quality and availability in partner countries of relevant data and analysis; and
(F) establishing and strengthening mechanisms for monitoring programs, measuring progress, evaluating outcomes, disseminating findings, and integrating best practices and lessons learned.
(1) advancing the institutional capacity and human resources of developing countries, including the establishment and strengthening of national agricultural research and extension systems;
(2) conducting long-term collaborative research support programs with institutions of higher education in developing countries, including the training of students, teachers, extension specialists, nutritionists, and researchers;
(3) developing a global network for scientific collaboration on agricultural development, trade, research, and extension services;
(4) broadly disseminating agricultural research in developing countries, in partnership with public and private extension systems, cooperatives, and other civil society organizations;
(5) expanding learning opportunities about agriculture and nutrition for students, teachers, small-scale food producers, school administrators, community leaders, entrepreneurs, and the general public in developing countries through international internships and exchanges, graduate fellowships, faculty positions, and other means of education and extension, with a focus on reaching women food producers;
(6) incentivizing the development of new and innovative technology and methods to increase agricultural productivity and improve nutritional status;
(7) developing scalable and cost-effective programs for training the next generation of agricultural researchers and research administrators in partner countries;
(8) advancing women’s leadership in science and technology through proactive recruitment, mentoring, and targeted research support;
(9) formulating approaches to improving agricultural and nutrition education and extension that is relevant to agricultural producers, their needs, and the local environment;
(10) creating platforms for improving national capacity to collect, develop, analyze, and disseminate agricultural, nutrition, and market data; and
(11) developing mechanisms to hold research institutions accountable for delivering technologies to agricultural producers.
(1) is aimed at improving food security;
(2) specifically addresses the nutritional needs of vulnerable populations;
(3) is appropriate to local conditions and practices;
(4) conserves the environment and natural resources and adapts to and mitigates the impacts of climate change; and
(5) builds local capacity.
(a) Establishment.—There is established a Board for International Food and Agricultural Development (hereafter in this section referred to as the “Board”). The Board shall report to the Administrator.
(b) Purpose.—The purpose of the Board is to advise and assist the Administrator regarding the design and administration of assistance under section 1205.
(1) participating in the formulation of criteria for program design and project selection;
(2) evaluating the qualifications of interested institutions of higher education and the demonstrated commitment of such institutions to the purposes of this section;
(3) recommending appropriate focus countries for programs carried out under this section;
(4) assessing the impact of programs carried out under this section and making recommendations for improving the effectiveness of such programs; and
(5) advising the Administrator on such issues as the Administrator may request.
(A) not less than four members shall be representatives of institutions of higher education; and
(B) not less than three members shall be representatives of United States nongovernmental organizations or consortia of such organizations devoted to agricultural research, education, and development.
(A) IN GENERAL.—Subject to paragraph (2), the Administrator shall establish the term of membership for each member of the Board at the time of appointment.
(B) LIMITATIONS.—A term of membership to the Board may not exceed two years and a member of the Board may serve not more than two consecutive terms during the tenure of an Administrator.
(e) Chairperson and vice chairperson.—The Chairperson and Vice Chairperson of the Board shall be designated by the Administrator at the time of appointment to the Board.
(1) IN GENERAL.—The Board shall submit to the Administrator on an annual basis a report that describes the activities of the Board during the preceding year and contains any other information that may be required by the Administrator.
(2) AVAILABILITY TO PUBLIC.—The Administrator shall make the report publicly available on the Internet website of the Agency.
(g) Meetings.—The Board shall hold not less than 3 meetings each year.
(h) Subordinate units.—The Board may create such subordinate units as may be appropriate for the performance of its duties.
(i) Expenses.—The Administrator may, on a case-by-case basis as the Administrator determines appropriate, reimburse members of the Board for expenses incurred in the performance of their duties (including per diem in lieu of subsistence while away from their homes or regular place of business).
The Administrator is authorized to use funds made available under this chapter to build the long-term capacity of international, regional, and sub-regional organizations engaged in agricultural research and development and food security activities, including—
(1) the Food and Agricultural Organization;
(2) the World Food Program;
(3) the International Fund for Agricultural Development;
(4) the Global Agriculture and Food Security Program; and
(5) the Consultative Group on International Agricultural Research.
In this chapter:
(1) FOOD PRODUCERS.—The term “food producers” includes farmers, pastoralists, fishers, and other persons who cultivate or harvest plants or raise animals (terrestrial or aquatic) for consumption.
(A) those colleges or universities in each State, territory, or possession of the United States, or the District of Columbia, now receiving, or which may hereafter receive, benefits under the Act of July 2, 1862 (known as the First Morrill Act), or the Act of August 30, 1890 (known as the Second Morrill Act), which are commonly known as “land-grant” universities;
(B) institutions now designated or which may hereafter be designated as sea-grant colleges under the Act of October 15, 1966 (known as the National Sea Grant College and Program Act), which are commonly known as sea-grant colleges;
(C) Native American land-grant colleges as authorized under the Equity in Educational Land-Grant Status Act of 1994 (7 U.S.C. 301 note); and
(i) have demonstrable capacity in teaching, research, and extension (including outreach) activities in the agricultural sciences; and
(ii) can contribute effectively to the advancement of the goal and objectives of this chapter.
(A) Invest in country-owned plans, aimed at channeling resources to well- designed and results-based programs and partnerships.
(B) Foster strategic coordination at national, regional and global level to improve governance, promote better allocation of resources, avoid duplication of efforts and identify response-gaps.
(i) direct action to immediately tackle hunger for the most vulnerable, and
(ii) medium- and long-term sustainable agricultural, food security, nutrition and rural development programs to eliminate the root causes of hunger and poverty, including through the progressive realization of the right to adequate food.
(D) Ensure a strong role for the multilateral system by sustained improvements in efficiency, responsiveness, coordination and effectiveness of multilateral institutions.
(E) Ensure sustained and substantial commitment by all partners to investment in agriculture and food security and nutrition, with provision of necessary resources in a timely and reliable fashion, aimed at multi-year plans and programs.
(1) Saving and enhancing lives through better health is a moral imperative that reflects fundamental humanitarian values.
(2) Strategic investments in global health can spur progress in economic development, job creation, education, agricultural development, gender equity and political stability.
(3) Because disease knows no national bounds and can breed hopelessness and despair, support for global health bolsters United States national security. Such support also builds constructive partnerships with other governments, with multilateral institutions, between public and private enterprises, and from people to people.
(4) United States global health programs should prioritize the poorest and most vulnerable segments of the world’s population, including women, newborns and children, persons with disabilities, and marginalized communities, and should be designed with their participation wherever possible.
(5) Research and innovation play a critical role in achieving health objectives worldwide, fostering the development and introduction of new and improved health products and practices and contributing to better policies.
(6) For maximum effectiveness, global health programs must be closely integrated with efforts to advance nutrition, improve hygiene, and expand access to clean water, sanitation, and housing.
(A) governments of partner countries to plan and budget responsibly, allocate and disburse funds equitably, and provide reliable and cost-effective health care; and
(B) civil society to participate in decisionmaking, carry out activities and monitor service delivery.
(8) In order to provide for sustainable financing of health care, developing countries must create strong economies and stable tax bases.
(9) By setting clear goals and targets and identifying appropriate resources, a comprehensive, multiyear global health strategy can help to ensure policy focus and consistency, promote program integration, strengthen transparency and accountability, build congressional and public support, and accelerate results.
(10) Multilateral approaches offer a vital and necessary complement to bilateral programs. By pooling their resources and harmonizing priorities, the United States and multilateral organizations are better able to meet global challenges, mobilize effective leadership and extend the reach and impact of programs.
(b) Statement of policy.—It is the policy of the United States to work in cooperation with the international community to save the greatest possible number of lives and to help countries develop their own capacity to improve the health of their own people.
(a) Goal.—The goal of assistance under this chapter is to achieve sustained improvements in health status and health systems in partner countries.
(b) Objectives.—In furtherance of the goal of subsection (a), assistance under this chapter shall be designed to help partner countries achieve the following objectives, including by strengthening health systems:
(1) Saving the lives of mothers and children.
(2) Protecting communities from disease, both infectious and noncommunicable.
(3) Creating an AIDS-free generation.
(4) Preventing unintended pregnancies and improving reproductive health.
(a) In general.—The strategy required under section 1019 with respect to advancing health shall be known as the “Global Health Strategy”.
(b) Contents.—The Global Health Strategy shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1302.
(1) focus on women, girls, and gender equality;
(2) encourage country ownership and invest in country-led plans;
(3) build sustainability through health systems strengthening;
(4) strengthen and leverage key multilateral organizations, global health partnerships and private sector engagement;
(5) increase impact through strategic coordination and integration, including with efforts in related areas such as nutrition, water, sanitation, and hygiene;
(6) promote learning and accountability through monitoring and evaluation;
(7) accelerate results through research and innovation;
(8) address the health-related challenges posed by climate change and other environmental trends; and
(9) safeguard the rights and dignity of health workers and patients.
(a) Authorization.—The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries.
(1) supporting the development, implementation, monitoring and evaluation of a country’s national health strategy;
(2) supporting the recruitment, training, management, retention, effectiveness and equitable distribution within each country of skilled health workers;
(3) facilitating the development of partnerships and collaboration with educational and research institutions, private corporations, nongovernmental organizations, multilateral institutions and other donors, both public and private;
(4) building the capacity of local nongovernmental organizations to participate effectively in the planning, implementation, monitoring and evaluation of health strategies and systems;
(5) strengthening financial management, accounting, auditing and reporting systems;
(6) establishing surveillance systems to detect, identify, and respond to emerging health threats, including monitoring the spread of disease among animal and plant populations;
(7) identifying, preparing for and responding to health-related threats posed by climate change, pollution and other environmental factors;
(8) improving the quality and availability of health facilities at the national and local level;
(9) establishing and strengthening procurement and supply chain management systems to safely, efficiently, and equitably distribute medical and laboratory supplies;
(10) supporting the development and implementation of national health information systems to securely track, compile and manage data, with appropriate privacy safeguards;
(11) supporting evidence-based public health education initiatives that teach healthy habits and behaviors, increase health literacy, and encourage better utilization of the health system;
(12) building government capacity to coordinate and harmonize the delivery of health services provided by various donors;
(13) developing and improving laboratory research and testing capacity; and
(14) promoting a legal, policy and regulatory framework conducive to the advancement of public health and sustainable health care financing.
(1) for child survival and maternal health, as described in subchapter A;
(2) to combat disease, as described in subchapter B;
(3) for family planning and reproductive health, as described in subchapter C; and
(4) for research, innovation and development of health technologies, products and practices to advance global health and the objectives of this chapter.
(1) Patients shall be provided with evidence-based, high-quality, courteous care that upholds internationally recognized human rights and protects human dignity.
(2) Patients shall have their privacy respected and the confidentiality of their medical information protected to the maximum extent practicable, with free access to their own health records.
(3) Patients shall be provided with accurate health information and quality care on an equitable basis, without discrimination of any kind, coercion or violence, and in a manner that prevents and reduces stigma.
(4) Patients shall have the right to make their own decisions about their health, and shall be provided with relevant, current, medically accurate and understandable information concerning preventive health, diagnosis, all available treatments, and prognosis, including the risks and benefits of each treatment and any costs involved, except in emergency situations where the patient lacks decisionmaking capacity and the need for an intervention is urgent, or where there is an imminent risk to public health.
(5) Patients and individuals participating in biomedical research and experimental treatments shall do so on a strictly voluntary basis, with valid informed consent processes in place, and shall be fully advised of potential risks and benefits.
(1) for the performance of abortion as a method of family planning;
(2) to coerce any person to undergo an abortion;
(3) for the performance of involuntary sterilization as a method of family planning;
(4) to coerce any person to undergo sterilization; or
(5) for any biomedical research which relates, in whole or in part, to methods of, or the performance of, abortion or involuntary sterilization as a method of family planning.
(A) abortions provided in the case of rape or incest or to protect the life or health of a woman; or
(B) treatment for the complications of induced, spontaneous, or unsafely performed abortions.
(2) the term “all available treatments” means all treatments that are legally available in the partner country; and
(3) the term “patients” includes the legal guardians of minors and persons who are incapacitated.
The Administrator is authorized, notwithstanding any other provision of law except for this chapter, to use funds made available under this chapter for programs to reduce child mortality, including the following:
(1) Increasing access to and utilization of appropriate interventions to treat life-threatening childhood illnesses, such as polio, measles, diarrhea, and respiratory infections.
(2) Improving child and maternal nutrition, including the delivery of iron, folic acid, zinc, vitamin A, iodine, and other key micronutrients and macronutrients.
(3) Preventing the spread of childhood disease and improving child nutrition by expanding access to clean water, improving sanitation, and promoting good hygiene practices.
(4) Reducing household dangers, including exposure to environmental toxins and indoor smoke from cooking fires.
(5) Strengthening early childhood development, including through early nutrition, parenting programs and early education.
(6) Enhancing the quality, availability and sustainability of key child health interventions by improving health care systems, building local capacity, and promoting positive health policies.
The Administrator is authorized, notwithstanding any other provision of law except for this chapter, to use funds made available under this chapter for programs to reduce the mortality of, and improve the health of, mothers and newborns, including the following:
(1) Strengthening preparation for childbirth through education, antenatal care, access to skilled birth attendants, preventing, detecting, and treating infections, and planning for transport.
(2) Improving maternal and child nutritional status through dietary improvements, nutrition education and appropriate micronutrient interventions.
(3) Actively discouraging, preventing and responding to harmful behaviors, such as gender-based violence, child marriage and female genital cutting.
(4) Promoting safe delivery, birth spacing, and postpartum care, including recognition, referral, and treatment of maternal and newborn complications.
(5) Promoting healthy practices such as breastfeeding, proper rest, good hygiene, and nutrition.
(6) Preventing and responding to long-term disability as a result of pregnancy and birth, including obstetric fistula and anemia.
(7) Improving long-term capacity and systems of local institutions to provide quality maternal health care.
The Administrator is authorized to use funds made available under this chapter to provide basic care and services for orphans and other vulnerable children, including:
(1) Enabling community-based organizations to provide basic care for orphans and other vulnerable children.
(2) Providing school feeding, including the purchase of local or regional foodstuffs where appropriate.
(3) Increasing primary school enrollment through the elimination of school fees, where appropriate, or other barriers to education while ensuring that adequate resources exist for teacher training and infrastructure.
(4) Providing employment training and related services for orphans and other vulnerable children who are of legal working age.
(5) Protecting and promoting the legal and inheritance rights of orphans, other vulnerable children, and widows, and addressing discrimination they often face.
(6) Providing culturally appropriate psychosocial support to orphans and other vulnerable children.
(7) Treating orphans and other vulnerable children with HIV/AIDS through the provision of pharmaceuticals, the recruitment and training of individuals to provide pediatric treatment, and the purchase of pediatric-specific technologies.
(8) Improving the capacity of foreign government agencies and nongovernmental organizations to prevent child abandonment and provide permanent homes through family reunification, guardianship and adoptions, consistent with the Hague Convention on the Protection of Children and Co-operation in Respect of Inter-Country Adoption.
(9) Increasing access to adequate housing and reliable, safe drinking water, sanitation, and hygiene education and supplies.
(10) Integrating gender to ensure the unique needs of girl and boy orphans and vulnerable children are met.
(1) the global HIV/AIDS pandemic poses a humanitarian, economic and security crisis of unprecedented magnitude that requires urgent and sustained attention;
(2) worldwide, women of childbearing age account for more than half of people living with HIV/AIDS;
(3) tuberculosis is the leading killer of people with HIV/AIDS, and the spread of drug resistant tuberculosis presents a persistent public health threat to the United States;
(4) malaria imposes an enormous burden on the social and economic development of poor countries, can be prevented through cost-effective means, and can be cured if promptly diagnosed and adequately treated;
(5) the creation of the United States President’s Emergency Plan for AIDS Relief (PEPFAR) in 2003 was the largest commitment by any nation to combat a single disease, establishing and expanding the infrastructure necessary to deliver prevention, care, and treatment services in low-resource settings;
(6) due to PEPFAR and multilateral initiatives such as the Global Fund to Fight AIDS, Tuberculosis and Malaria, significant strides have been made in preventing new cases of disease, treating affected persons, training health care workers, and educating families and communities; and
(7) to be most sustainable and have the greatest positive impact, programs to combat HIV/AIDS, tuberculosis and malaria should be coordinated and integrated with other global health and health-related programs, including maternal and child health, family planning and reproductive health, nutrition, and water, sanitation, and hygiene.
(1) carry out the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25), as amended by this Act, and other related laws, including 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), the Global AIDS and Tuberculosis Relief Act of 2000 (Public Law 106–264), and the International Malaria Control Act of 2000 (Public Law 106–570); and
(2) contribute to the Global Fund to Fight AIDS, Tuberculosis and Malaria and the GAVI Alliance.
(c) Other laws superseded.—The President may exercise the authority of subsection (b) notwithstanding any other provision of law, except the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25), as amended by this Act.
(d) Coordination.—Assistance provided under the authorities of this section or the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108–25) shall be coordinated with all other health-related programs under this chapter and chapter 6, and shall be included in the Global Health Strategy required under section 1303.
(1) more than 1,000,000,000 people worldwide suffer from one or more painful, debilitating tropical diseases, which disproportionately impact poor and rural populations, cause severe sickness and disability, compromise mental and physical development, contribute to childhood malnutrition, reduce school enrollment, and hinder economic productivity;
(2) many of these neglected tropical diseases (NTDs) can be controlled and treated by providing safe and effective drug treatments, improving access to clean water and improved sanitation, and promoting good hygiene practices for individuals in affected communities; and
(3) an integrated approach to controlling NTDs will address a root cause of poverty that affects a significant proportion of the world’s population.
(b) Authorization.—The Administrator is authorized to use funds made available under this chapter for the prevention, treatment, control, and elimination of, and research on, neglected tropical diseases.
(1) infectious diseases such as avian and pandemic influenza not only cause death and debilitating illness in the countries where new strains originate, but can quickly spread around the world;
(2) the development and spread of antimicrobial resistance threatens to undermine global efforts to control tuberculosis and other bacterial diseases;
(3) developing countries are undergoing a rapid epidemiological transition from infectious diseases such as diarrhea and pneumonia to noncommunicable diseases such as cardiovascular disease, cancer and diabetes, which threatens to overwhelm their strapped health systems and cripple their fragile economies;
(4) mental health is an important but frequently overlooked or stigmatized aspect of health that requires effective and compassionate treatment and care;
(5) improvement in the capacity of developing countries to obtain and use good quality data for surveillance and effective response to emerging health threats helps to protect the health of United States citizens as well as that of local populations; and
(A) reflect an evidence-based approach;
(B) are integrated across health programs through a common delivery platform; and
(C) support increased collaboration and coordination among country-level stakeholders, including partner country governments, other public and private donors, and international and nongovernmental organizations.
(b) Authorization.—The Administrator is authorized to use funds made available under this chapter to provide assistance for the prevention, treatment, control, and elimination of, and research on, infectious and noncommunicable diseases in partner countries.
(1) reproductive health care is essential to reducing poverty, improving living standards and protecting human dignity;
(2) throughout much of the world, the lack of access by women, particularly poor women, to reproductive health care contributes to death and suffering, limits women’s ability to make decisions that affect their lives, and undermines the efforts of families to lift themselves out of poverty;
(3) access to reproductive health care, including voluntary family planning, has a direct and important impact on child mortality, especially infant mortality;
(4) closely spaced and ill-timed pregnancies and births contribute to high infant mortality rates, and when mothers die as a result of giving birth, their surviving infants have a greater risk of mortality and poor health status;
(5) in many developing countries where there are few hospitals, few doctors, and poor transportation systems, and where women are not highly valued, complications of labor often result in death of the mother;
(6) lack of availability of emergency obstetric care, along with delays in seeking medical attention, in reaching a medical facility, and in receiving medical care once arriving at a facility, contribute to the development of obstetric fistula, increasing the risk of death for both mother and child;
(7) voluntary family planning allows women and couples to freely choose the number, timing and spacing of pregnancies, giving families and individuals greater control over their lives;
(8) young people are particularly at risk of engaging in unsafe sexual practices, and should be provided with clear and evidence-based information to help them make informed decisions about their sexual and reproductive health and human rights, including their right to be free from all forms of violence, coercion and discrimination;
(9) practices such as child marriage and female genital cutting can harm the health of young people and deprive them of their dignity and human rights. Reproductive health care can play an important role in educating people about the dangers of these practices, and is often the entry point for identification of gender-based violence and sexual abuse;
(10) integrating reproductive health care, including voluntary family planning, with HIV prevention programs is critical to combating HIV/AIDS, and can assist in decreasing the stigma associated with a seropositive HIV status;
(11) integration of reproductive health care with other health-care and related social services increases the effectiveness and efficiency of the health system and meets people’s needs for accessible, acceptable, convenient, client-centered care;
(12) international goals and targets for reducing poverty and improving maternal health require a significant investment in family planning and reproductive health care;
(13) international partnerships are required to provide adequate financing for family planning and reproductive health care;
(14) cooperating with multilateral and bilateral donors and the private sector can make commodities such as antiretrovirals, maternal health equipment, and contraceptive supplies more accessible for hard-to-reach populations; and
(15) by investing in reproductive health care, including voluntary family planning, the United States can improve maternal and child health, lower HIV infection rates, reduce poverty and hunger, advance girls’ education, promote gender equality, broaden civic participation in the development process, and slow the depletion of natural resources.
(b) Authorization.—The Administrator is authorized to use funds made available under this chapter for reproductive health care programs, including voluntary family planning, in partner countries.
The Administrator is authorized to use funds made available under this subchapter and under subtitle B for programs to provide reproductive health care during humanitarian emergencies and complex crises, including:
(1) Life-saving priority activities set out in the Sphere Project’s Humanitarian Charter and Minimum Standards in Disaster Response.
(2) Preventing sexual violence and providing medical care and psychosocial services to survivors of sexual violence.
(3) Voluntary family planning for the duration of displacement.
(1) Education is a basic human right, indispensable for human capacity development and poverty eradication.
(2) Basic education is fundamental to development. No country has reached sustained economic growth without achieving near universal primary education.
(3) Quality education reduces poverty and inequity, lays the foundation for sound governance, civic participation, and strong institutions, and equips people with the knowledge, skills, and self-reliance they need to increase income and expand opportunities for employment.
(4) While developing countries bear the ultimate responsibility for educating their children, the United States and others donors can and should do more to help developing countries address their education needs.
(5) Investing in girls’ education delivers substantial returns not only in educational attainment but also in increasing women’s and household incomes, delaying the start of sexual activity, reducing infant mortality, increasing women’s political participation, spurring economic growth, and delaying marriage.
(6) Lack of access to adequate housing, safe drinking water close to home, and to private latrines near home and at school significantly impact girls’ attendance and retention at school.
(7) Education can help to protect children in conflict situations from physical harm, exploitation, and sexual abuse, as well as to avoid the recruitment of children into armed groups and gangs.
(8) The large number of children who are not enrolled in school or who receive a poor quality education not only results in a loss of human potential, but undermines stability and progress within communities and across nations.
(9) Expanded access to primary and secondary education will increase the need for qualified teachers, and the demand for quality colleges and universities.
(10) Exchange programs which bring citizens of developing countries to the United States for training, while helpful in expanding individual opportunities for growth, will not by themselves reach enough students and scholars to have a transformational effect on the economies and human resources of developing countries.
(11) Partnerships between educational institutions in the United States and developing countries are an important means for sharing knowledge, experience and lessons learned for the benefit of all students.
(12) Resources to expand global education will be most effective and efficient if they are transparent, increase coordination among governments, private sector and civil society, support national plans and hold all stakeholders accountable.
(b) Statement of policy.—It is the policy of the United States to work in cooperation with the international community to achieve quality universal basic education.
(a) Goal.—The goal of assistance under this chapter is to increase access to quality education in partner countries.
(1) Expanding access to basic education for all children, particularly marginalized and vulnerable groups.
(2) Improving the quality of basic education.
(3) Raising adult literacy, especially for women.
(4) Reducing gender disparities in primary and secondary education.
(5) Strengthening higher education partnerships and networks.
(a) In general.—The strategy required under section 1019 with respect to expanding education shall be known as the “Global Education Strategy”.
(b) Contents.—The Global Education Strategy shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1402.
(1) contribute to meeting internationally agreed education goals and targets;
(2) be directly responsive to partner country needs, capacity, and commitment, strengthen partner countries’ educational systems, and be coordinated, where possible, with national education plans;
(3) pay particular attention to expanding educational opportunities for marginalized and vulnerable groups, including girls, children affected by or emerging from armed conflict or humanitarian crises, disabled children, children in remote or rural areas, religious or ethnic minorities, indigenous peoples, orphans and children impacted by HIV/AIDS, child laborers, and victims of trafficking;
(4) identify ways to reduce the adverse impact of HIV/AIDS on education systems;
(5) address the challenges posed by large numbers of out-of-school, unemployed youth;
(6) encourage and integrate contributions of strategic direction and financial resources from local and international private sector and civil society organizations, including organizations that represent teachers, students, and parents, interested in supporting quality universal basic education efforts;
(7) outline plans for ensuring a transition and continuity of educational activities in countries affected by or emerging from armed conflict or humanitarian crises;
(8) expand public-private partnerships in order to leverage resources;
(9) promote gender equity and improve educational opportunities for women and girls, and strive to ensure safe schools, equal access, workforce opportunities, leadership role development, and the preservation of dignity and respect;
(10) explain how basic education, higher education, vocational and technical education, literacy instruction, and other formal and nonformal training will be integrated with other activities under this title; and
(11) address the problem of financing education.
(a) Authorization.—The Administrator is authorized to use funds made available under section 1015 for basic education in accordance with the goal and objectives of this chapter.
(1) increasing the supply of trained quality teachers, and building systems for the continuing support, training and professional development of all educators;
(2) developing and implementing effective, relevant curricula;
(3) building the institutional capacity of a country to manage basic education systems and measure results;
(4) increasing parent and community involvement in schools;
(5) providing learning materials;
(6) working with communities to achieve equity in schools and address gender norms to build support for girls’ education;
(7) promoting the development and effective use of systems for data collection, monitoring and evaluation of student-learning outcomes;
(8) improving and expanding educational infrastructure;
(9) reducing or eliminating fees for tuition, uniforms and school materials, as well as other barriers to school attendance, for poor and marginalized children;
(10) improving young children’s capacity to learn through early childhood development programs;
(11) supporting interventions that increase school attendance and performance, such as scholarships, school lunch, school health, and water and sanitation programs;
(12) ensuring that schools are not incubators for violent extremism;
(13) providing life skills training and civic education, including on human rights, gender equity, and conflict resolution;
(14) making schools safe and secure places for learning, free of violence, harassment, exploitation, or intimidation;
(15) increasing access to education, improving learning outcomes and increasing educational opportunities for the most disadvantaged populations;
(16) ensuring continuation or reestablishment of educational programs and the provision of safe spaces for children in areas of armed conflict or humanitarian crisis;
(17) increasing the relevance of formal education systems to the needs of the poor and to disaffected youth, through reform of curricula, teaching materials, and teaching methods, and improved teacher training;
(18) expanding vocational and entrepreneurship skills and opportunities, especially for out-of-school youth, in close linkage with the private sector and in response to market needs;
(19) supporting multilateral coordination and financing initiatives for education; and
(20) promoting the value of education and increasing community and family awareness of the positive impact of education.
(c) Definition.—In this chapter, the term “basic education” means an education, generally consisting of completion of 9–10 years of schooling, including efforts to improve early childhood development, primary education, secondary education, literacy and numeracy training, and life-skills training that prepares an individual to be an active, productive member of society and the workforce.
(1) basic and higher education are interrelated and together play a critical role in reducing poverty, promoting economic growth, strengthening democracy, stemming corruption, alleviating ethnic tensions, and enhancing stability;
(2) higher education institutions foster critical thinking, scientific discovery, entrepreneurship and innovation in local communities as well as at the national and international level;
(3) higher education is essential for developing human capacity to create the next generation of political, professional and business leadership, build an effective and accountable civil service, improve the quality and availability of social services, and strengthen the rule of law;
(A) increase the quality and availability of, and access to, higher education for secondary school graduates;
(B) support the professional development of faculty and staff, strengthen institutional and financial management, and streamline administrative procedures;
(C) expand course offerings, academic resources and research opportunities for students and faculty;
(D) foster continuing professional relationships that build international understanding and collaboration; and
(E) facilitate the sharing of knowledge, the identification of common research interests and challenges, and the resolution of complex problems; and
(5) partnerships between businesses and higher education institutions in developing countries can help to meet the significant and growing demand for business professionals within both the private and public sectors in developing countries.
(b) Statement of policy.—It is the policy of the United States to encourage the expansion and strengthening of higher education in developing countries, through partnerships with educational institutions, businesses, and nonprofit organizations in the United States.
(c) Authorization.—The Administrator is authorized to use assistance made available under this chapter to expand and strengthen institutions of higher education in developing countries through partnerships with—
(1) institutions of higher education in the United States;
(2) businesses in the United States;
(3) nonprofit organizations with experience in the areas of academic institution-building and entrepreneurial and managerial development; and
(4) international organizations.
(1) building the capacity of higher education institutions in partner countries;
(2) developing academic programs and centers of excellence in areas critical to the partner country’s economic development; and
(3) improving the quality and availability of, and access to, higher education for students in partner countries.
(1) Sound natural resource management, healthy levels of species diversity, and functioning natural ecosystems are vital to sustainably reducing poverty in developing countries.
(2) Natural ecosystems, when properly managed, provide economic value to local communities in the form of water, food, medicine, energy, household products, tourism and trade, as well as contributing to the global common good.
(3) Nature provides important services for human well-being. For example, forests, floodplains, and wetlands are a natural bulwark against catastrophic flooding and severe drought, and coral reefs and mangroves reduce the impact of large storms on coastal populations, thereby reducing damages from extreme weather and the need for disaster assistance.
(4) Natural ecosystems serve as a buffer between wildlife and human populations, minimizing the transmission of highly infectious diseases from animals to people.
(5) Many of the most commonly prescribed medicines in the United States are derived directly from natural compounds or patterned after them. The preservation of natural areas and wild species offers the world a rich source of potential cures and treatments for disease and pain.
(6) The survival of many animal and plant species is endangered by poaching and excessive harvesting, by the presence of toxic chemicals in water, air and soil, and by the destruction of habitats.
(7) Degradation of land and water resources impedes efforts to improve agricultural productivity, which will be critical to feeding the world’s growing population and is a key engine of economic growth in developing countries.
(8) The construction of dams and expansion in biofuel production in developing countries without the necessary environmental safeguards or consultation with the local populations threatens the sustainability of aquatic ecosystems and the services they provide for purifying, storing, and delivering water.
(A) shortages of fuel;
(B) loss of biologically productive wetlands;
(C) siltation of lakes, reservoirs, and irrigation systems;
(D) floods, soil erosion and landslides;
(E) decimation and dislocation of indigenous peoples;
(F) extinction of plant and animal species;
(G) reduced capacity for food production;
(H) loss of genetic resources;
(J) increased greenhouse gas emissions; and
(K) destabilization of the earth’s climate.
(10) Women often are especially vulnerable to the impact of natural resource degradation and climate change because they produce most of the food and collect most of the water and firewood in many countries.
(11) Mismanagement and unregulated exploitation of natural resources has fueled conflict and corruption in many developing countries.
(12) Illicit trade in natural resources not only robs poor countries of valuable economic and environmental resources, but often perpetrates political instability and human rights abuses, including sexual violence and the use of children as soldiers, bonded labor and sex slaves.
(13) Illegal logging, fishing, and mining in developing countries flood the international market with low-cost products that undercut the competitiveness of responsible companies in the United States.
(14) Economic growth generally raises energy consumption, and often results in increased emissions of greenhouse gases as well as greater pollution of air, land, and water.
(15) If current trends in the degradation of natural resources in developing countries continue, they will severely undermine the best efforts to meet basic human needs, to achieve sustained economic growth, and to prevent international tension and conflict.
(16) Animals, including livestock, companion animals, and wildlife, are important to human economic, environmental, and social development as well as to human quality of life. Animals and the people who depend upon them in developing countries will be particularly vulnerable to climate-related natural disasters unless adaptation and mitigation measures are utilized.
(17) The world faces enormous, urgent, and complex challenges in conserving and protecting natural resources while fostering economic development, requiring extensive and sustained cooperation between the United States, developing countries and the international community as a whole.
(b) Statement of policy.—It is the policy of the United States to work in cooperation with the international community to reduce biodiversity loss and the degradation of natural ecosystems, adapt to and mitigate climate change, and integrate principles of environmental sustainability into policies and programs for international development.
(a) Goal.—The goal of assistance under this chapter is to help partner countries maximize the environmental sustainability of their development policies and programs.
(1) Protecting and restoring natural ecosystems.
(2) Conserving biological diversity.
(3) Mitigating and adapting to climate change.
(4) Reducing pollution of air, land and water.
(5) Increasing energy efficiency.
(6) Expanding access to clean, renewable energy sources and technologies.
(7) Building capacity for sound natural resource management.
(1) incorporates and aligns with partner country strategies, plans and priorities;
(2) gives due regard to the rights and interests of local and forest-dependent communities, indigenous peoples, and marginalized and vulnerable social groups, and ensures their full and effective participation in all stages of program planning, implementation, and evaluation; and
(3) promotes and integrates women’s empowerment and gender equality.
(a) In general.—The strategy required under section 1019 with respect to protecting and restoring the natural environment shall be known as the “Global Conservation Strategy”.
(b) Contents.—The Global Conservation Strategy shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1502.
(1) establish priority countries, regions or natural ecosystems for reducing environmental degradation;
(2) identify the economic, health, and conflict-prevention benefits to be achieved through implementation of the strategy;
(3) establish policy guidance to link investments in specific conservation programs to the broader goals of reducing poverty and alleviating human suffering, and to integrate environmental goals into country-based and sector-based strategies;
(4) identify and improve United States policies that affect the conservation of critical natural resources and biodiversity abroad;
(5) seek to encourage and leverage participation from the private sector, other donor governments, governments of developing countries, international financial institutions, and other international organizations to implement the strategy;
(6) address the anticipated effects of climate change on highly vulnerable communities and populations and on the achievement of key objectives; and
(7) include a review of all executive orders and regulations that may have an impact on the strategy.
(a) Authorization.—The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries.
(A) Conserving, sustainably managing, and restoring natural ecosystems.
(B) Establishing, restoring, protecting, and maintaining protected areas, parks and reserves.
(C) Developing and improving governance structures, resource rights and responsibilities, and land use planning to reduce degradation, destruction, and illegal use of natural ecosystems.
(D) Reducing greenhouse gas emissions from land use and land-use change, the destruction of wetlands and peatlands and forestry, including deforestation and forest degradation and enhancement of forest carbon stocks.
(E) Studying and assessing the economic value of natural ecosystems and their contributions to addressing poverty-related issues.
(F) Developing alternatives and disincentives to destructive farming, fishing, and forestry practices.
(A) Protecting and maintaining wildlife and plant habitats, both land and sea.
(B) Developing sound wildlife management and plant conservation policies and programs at the local, national, and international levels.
(C) Identifying, studying, and cataloging animal and plant species.
(D) Establishing effective policies and regulations to reduce loss of biological diversity.
(E) Enacting and enforcing anti-poaching measures, including through alternative livelihood opportunities.
(F) Educating local communities, including civil society organizations, governments and intermediate representative institutions, about the importance and benefits of conserving biological diversity.
(A) Researching and assessing climatological and socioeconomic factors to identify and prioritize vulnerable populations and natural ecosystems and likely impacts.
(B) Developing national and regional climate change adaptation and mitigation plans.
(C) Planning, financing and implementing adaptation programs and activities.
(D) Increasing resilience to and preparedness for climate change and its impacts among highly vulnerable communities and populations, including through capacity building.
(E) Supporting the identification and adoption of appropriate renewable and efficient energy technologies.
(A) Monitoring, regulating, and mitigating pollutants to air, land and water.
(B) Designing, promoting and utilizing clean technologies and practices.
(C) Increasing the quality, quantity, and transparency of data regarding the monitoring, regulation and mitigation of pollutants.
(D) Developing public awareness campaigns and promoting civic participation in environmental stewardship.
(1) Access to energy is essential for economic growth, public health, clean water, sanitation, transportation, communication, agricultural activities, and the overall progress of developing countries.
(2) Many developing countries lack access to the financial resources and technology necessary to locate, explore, and develop indigenous natural resources.
(3) Black carbon contributes to pollution, health concerns, and significantly warms the Earth’s climate system by absorbing radiation, converting it into heat, and releasing heat energy into the atmosphere.
(4) Clean, efficient and renewable energy sources are vital to sustain economic growth and protect human health.
(5) Energy must be accessible to the poor in order to ensure that basic human needs are met.
(6) Title V of the Nuclear Non-Proliferation Act of 1978 (22 U.S.C. 3261 et seq.) requires the United States to work with developing countries in assessing and finding ways to meet their energy needs through alternatives to nuclear energy that are consistent with economic factors, material resources, and environmental protection.
(7) Proper management of natural resources can provide the basis for sustainable development while the mismanagement and unregulated exploitation of natural resources has fueled conflict and corruption in many countries around the world.
(b) Authorization.—The Administrator is authorized to use funds made available under this chapter for programs to promote clean energy technologies, responsible stewardship of natural resources, and reliable access by the poor to energy.
(A) Development of sound national energy and electricity plans.
(B) Improving the efficiency of electricity transmission, distribution, and consumption.
(C) Building local capacity to monitor and regulate the energy sector.
(A) Improving the availability of renewable electricity generation from wind, solar, sustainably and locally produced biomass, geothermal, marine, or hydrokinetic sources.
(B) Expanding the deployment of low or zero emission technologies.
(C) Increasing access to clean energy technologies, especially in rural areas.
(D) Improving transportation system and vehicle efficiency.
(E) Reducing black carbon emissions, including through the use of clean cookstoves.
(F) Building local capacity to operate, maintain and improve clean energy technologies.
(G) Mitigating the impacts of energy alternatives on natural resources and natural ecosystems
(A) Enhancing the transparency of revenues generated from natural resource extraction.
(B) Improving the security of land tenure and property rights, especially for marginalized groups.
(C) Building local capacity to assess, monitor, and regulate access to natural resources and to evaluate the social and environmental effects of extraction.
(D) Improving local capacity to assess the value of environmental services.
(1) introduce invasive and nonnative plant species;
(2) cause the destruction or degradation of existing natural ecosystems, natural parks, or similar protected areas;
(3) result in or cause a loss of biological diversity or adversely impact rare, threatened, or endangered plant and animal species;
(4) involve destructive farming, fishing, and forest harvesting practices such as slash and burn agriculture; or
(5) provide for the construction of dams or other water control structures that flood natural ecosystems.
(1) the proposed program, project, or activity is vital to improving the livelihoods of the rural poor;
(2) the proposed program will be conducted in an environmentally sound manner that supports sustainable development; and
(3) appropriate mitigation activities will be undertaken.
(a) In general.—In implementing programs, projects, and activities under this subtitle, the Administrator shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries.
(b) Required statements and assessments.—Subject to such procedures as the Administrator considers appropriate, the Administrator shall require that all agencies and officials responsible for programs, projects, and activities under this subtitle prepare and take fully into account—
(1) an environmental impact statement for any proposed program, project, or activity significantly affecting the environment of the global commons outside the jurisdiction of any country, the environment of the United States, or other aspects of the environment which the Administrator may specify; and
(2) an environmental assessment of any proposed program, project, or activity significantly affecting the environment of any foreign country.
(1) recommendations for possible alternatives and mitigation measures;
(2) an estimate of greenhouse gas emissions attributable to the program, project, or activity; and
(3) a special review of any project that will emit more than 100,000 tons of carbon dioxide.
(d) Local technical resources.—Environmental impact statements and environmental assessments undertaken pursuant to paragraph (b) should, to the maximum extent feasible, use local technical resources.
(e) Exceptions.—The Administrator may establish exceptions from the requirements of this section for emergency conditions and for cases in which the Administrator determines that compliance with those requirements would be seriously detrimental to the foreign policy interests of the United States.
(1) IN THE UNITED STATES.—All environmental impact statements and environmental assessments shall be published on the Internet website of the Agency not later than 30 days following their completion, and may be accompanied by the Agency’s response to the findings therein.
(2) IN AFFECTED COUNTRIES.—To the extent feasible, all environmental assessments shall be translated into the local language(s) of the affected communities and made available to the partner government, local and international nongovernmental organizations, and affected communities.
In this chapter:
(1) NATURAL ECOSYSTEM.—The term “natural ecosystem” means a dynamic set of living organisms, including plants, animals, and microorganisms interacting among themselves and with the environment in which they live, and includes tropical forests, freshwater, coastal, estuarian and fisheries habitats, coral reefs, natural grasslands, and mangrove forests.
(2) GREENHOUSE GAS.—The term “greenhouse gas” means carbon dioxide, methane, nitrous oxide, sulfur hexafluoride, hydrofluorocarbons emitted from a chemical manufacturing process at an industrial stationary source, any perfluorocarbon, nitrogen trifluoride, any other anthropogenic gas designated as a greenhouse gas by the Administrator for purposes of this chapter.
(3) HIGHLY VULNERABLE COMMUNITIES AND POPULATIONS.—The term “highly vulnerable communities and populations” means communities and populations that are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts, including impoverished communities, children, women, and indigenous peoples.
(4) MOST VULNERABLE DEVELOPING COUNTRIES.—The term “most vulnerable developing countries” means, as determined by the Administrator, developing countries that are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts, considering the approaches included in any international treaties and agreements.
(1) Clean water and sanitation are among the most powerful drivers for human development. They extend opportunity, enhance dignity, and help create a virtuous cycle of improving health and rising wealth.
(2) Unsafe drinking water, inadequate sanitation, and unsuitable and unhygienic living conditions exact an enormous toll on human health in developing countries, particularly for infants and children.
(3) Diseases linked to unsafe water and poor sanitation, as well as the time and energy women often devote to collecting water, significantly reduce economic productivity in less developed countries and promote lifecycles of disadvantage.
(4) Water scarcity has negative consequences for agricultural productivity and food security, and seriously threatens international ability to increase food production at the rate required to meet the needs of the world’s growing population.
(5) The underlying cause of water scarcity in the large majority of cases is institutional and political, and requires sustainable and effective water resource management.
(6) Demand for water resources has contributed to armed conflict in many parts of the world, while conflict and civil strife often reduce access to clean water and sanitation for displaced persons and other innocent victims.
(7) The continued degradation of watersheds threatens the benefits that healthy natural systems provide, and on which people rely.
(8) The effects of climate change are expected to produce severe consequences for water availability and resource management in many developing countries, which could result in severe and chronic water shortages.
(9) Unsuitable and unhygienic living conditions can exact a heavy toll on human health and productivity. Adequate housing is often a precondition for the enjoyment of various civic and human rights, including the rights to work, vote, obtain education, receive health care, and access other social services.
(10) Rapid urbanization and future population growth are expected to exacerbate already limited access to water, as well as to adequate housing.
(11) Approximately half the world’s population lives in cities, often in slums characterized by unsafe water, poor sanitation, lack of basic services, overcrowding, inferior construction and insecure tenure. Because slum populations are growing rapidly, they require increased attention and better integrated programming.
(12) Inadequate laws, policies and enforcement mechanisms to protect real property use, lease, and ownership rights often subject slum dwellers to arbitrary, often supra-market rents, forced evictions, threats, and harassment.
(13) Insecurity of tenure severely inhibits economic development by undermining investment incentives and constraining the growth of credit markets, imperils the ability of families to achieve sustainable livelihoods and assured access to housing, and often contributes to conflict over property rights.
(14) Women are affected disproportionately by forced evictions and insecure tenure as a result of gender discrimination, often including gender-biased laws that define women as legal minors or otherwise prevent them from owning or leasing land, property, and housing, making them more vulnerable to poverty, violence, and sexual abuse.
(15) Expanding access to clean water, sanitation, and housing is essential for reducing the global burden of disease, advancing economic and social development, protecting basic human rights, and mitigating sources of conflict.
(b) Statement of policy.—It is the policy of the United States to recognize the human right to water and adequate housing, and to work in cooperation with the international community to ensure access to safe water, sanitation and adequate housing for all people.
(a) Goal.—The goal of assistance under this chapter is to improve living conditions and basic human dignity for the world’s poorest people.
(1) Expanding access to sufficient, safe, and affordable water for personal and domestic use.
(2) Upgrading and expanding basic sanitation.
(3) Increasing access to adequate housing.
(4) Improving the management of water and related resources for greater sustainability.
(5) Enhancing planning for sustainable urban development.
(a) In general.—The strategy required under section 1019 with respect to improving access to safe water, sanitation, and housing shall be known as the “Global Water, Sanitation and Housing Strategy”.
(b) Contents.—The Global Water, Sanitation and Housing Strategy shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives of section 1602.
(1) include targets for providing, on a sustainable basis, first-time access to safe water, basic sanitation, and adequate housing;
(2) prioritize improvements for the poorest people living under the most inadequate conditions;
(3) explain how policies and programs relating to water, sanitation and housing will be integrated with other policies and programs under this title;
(4) explain how programs and policies under the strategy will contribute to meeting internationally agreed targets relating to access to safe drinking water and basic sanitation and improving the lives of slum dwellers;
(5) maximize efficiency in water use and sustainability of water supplies;
(6) identify and promote best practices for mobilizing and leveraging public-private partnerships;
(7) address the effects of climate change on achieving the goal of this chapter;
(8) evaluate the impact of urbanization and general migration trends on water, sanitation, and housing;
(9) utilize expertise within the United States Government by improving policy and program coordination among relevant Federal agencies, including the Department of State, the United States Agency for International Development, the Millennium Challenge Corporation, the Centers for Disease Control and Prevention, the National Oceanic and Atmospheric Administration, the United States Geological Survey, and the Environmental Protection Agency; and
(10) strengthen strategic coordination with, build on the expertise of, and encourage contributions from, a wide variety of stakeholders, including partner governments, the private sector and nongovernmental organizations.
(A) Assessing water, sanitation, and hygiene needs.
(B) Developing additional, affordable, accessible, and reliable water supplies.
(C) Expanding the coverage of existing water and sanitation systems to reach previously underserved populations.
(D) Improving water and sanitation infrastructure.
(E) Increasing the safety, reliability, and sustainability of, and equity in access to, water supplies, sanitation infrastructure, and hygiene services.
(F) Promoting more efficient and sustainable use of water supplies.
(G) Fostering integrated river basin and watershed management.
(H) Increasing awareness and use of healthy hygiene practices.
(I) Building the capacity of partner countries to plan and manage water resources in an efficient, transparent, inclusive and environmentally sustainable manner.
(J) Promoting international and regional cooperation to share technologies and best practices.
(K) Mitigating conflict over water resources.
(L) Conducting research and developing technology to further the goal and objectives of this chapter.
(A) Assessing housing and infrastructure needs.
(B) Upgrading existing housing to meet international humanitarian standards.
(C) Incentivizing the construction of affordable housing units.
(D) Improving community infrastructure, such as sidewalks, drainage ditches, and public lighting.
(E) Enhancing recognition and protection of legal rights to the ownership, lease and use of real property.
(F) Reducing gender and other discrimination in housing, property ownership, and municipal services.
(G) Developing and enforcing reasonable housing and construction codes to protect low-income residents and buyers.
(H) Encouraging the development and expansion of commercially oriented housing markets in partner countries, including home mortgage and insurance markets and financing for municipal infrastructure.
(I) Building the capacity of partner countries for improved urban planning and management.
In this chapter—
(A) legal security of tenure;
(B) availability of services, materials, facilities, and infrastructure;
(F) location; and
(G) cultural adequacy; and
(2) the term “living conditions” means the adequacy of water, sanitation, and housing for human habitation.
(1) Women and girls are the majority of the world’s poor, unschooled, unhealthy, and underfed.
(2) Women around the world often work under substandard conditions, for longer hours, and with lower compensation, less income stability and fewer economic opportunities than men.
(3) Women are often excluded by law or practice from participating fully and equally in the political, economic, and social life of their country.
(4) Women own significantly less land than men and experience numerous barriers to ownership. Access to land and property rights offers women greater economic opportunity and security, greater protection from physical harm, better access to health, education, and financial services, and improved social status.
(5) Displaced, refugee, and stateless women and girls in humanitarian emergencies, conflict settings, and natural disasters are at extreme risk of violence, exploitation and intimidation.
(6) Violence against women dramatically impedes progress in meeting global health goals, including efforts to reduce maternal mortality and reverse the spread of HIV/AIDS.
(7) Ensuring that women have the ability to effectively plan families is one of the keys to expanding their economic opportunities. Yet hundreds of millions of women lack access to affordable, effective, and appropriate contraceptive methods and reproductive health care, putting them at greater risk of unintended pregnancies and serious health complications.
(8) Studies have shown that investments in women and girls have broad multiplier effects, particularly in the areas of health and education, which over the long run can significantly improve the future of communities and countries.
(9) Investments in women and girls can play a key role in reducing poverty, countering violent extremism, promoting stability, fostering tolerance and reconciliation, and building strong and vibrant civil societies.
(10) Increasing women’s access to economic opportunities is crucial to preventing and responding to domestic and sexual violence.
(11) Fostering gender equality requires strengthening rules, practices, and institutions that protect the rights of women and men, girls and boys, as well as including them in the design, implementation, and monitoring of programs to reduce poverty and alleviate human suffering.
(1) invest in women and girls in partner countries as a matter of justice and human rights as well as to promote sustainable development and achieve internationally agreed development goals;
(2) include women and the organizations that represent them in the design, implementation, and monitoring of programs under this title;
(3) mainstream into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on women and girls, men and boys; and
(4) promote equal opportunities for all people, regardless of sex, to achieve their personal potential and maximize their contributions to the development of their families, communities, and countries.
(a) Goal.—The goal of assistance under this chapter is to promote women’s empowerment, gender equality, and gender integration.
(1) Increasing educational, economic, and political opportunities for women and girls.
(2) Building the capacity of women and girls to participate fully in decisions that affect their lives.
(3) Reducing legal and social barriers to women’s participation in economic activity and political processes.
(4) Expanding the collection of sex-disaggregated data and the use of gender analysis.
(5) Integrating gender considerations into all international development policies and programs, including those carried out by all USAID bureaus, offices, and missions.
(a) In general.—The strategy required under section 1019 with respect to fostering gender equality shall be known as the “Global Strategy for Gender Equality”.
(b) Contents.—The Global Strategy for Gender Equality shall include, in addition to the elements required under section 1019(b), plans for achieving the goal and objectives in section 1702.
(1) be coordinated and integrated with the comprehensive international strategy to prevent and respond to violence against women and girls, as required under section 3203, and with each sector strategy of development, as described in section 1019;
(2) include plans for preventing child marriage;
(3) address the ways in which the exclusion of, and discrimination against, women hinders economic growth and heightens the risks of conflict and instability;
(4) discuss exclusionary and discriminatory practices that are particularly harmful for the achievement of United States development goals and identify the countries in which such practices occur;
(5) include plans for hiring, training, deploying and retaining a diverse USAID workforce with appropriate expertise and responsibility for promoting women’s empowerment, gender equality and gender integration around the world;
(6) establish policy and guidance for integrating gender considerations into all other international development strategies and programs;
(7) ensure that the goal and objectives of this chapter are reflected in the USAID’s procurement regulations and procedures; and
(8) build accountability for gender integration into monitoring and evaluation systems.
(d) Preparation.—The Global Strategy for Equality shall be prepared by the Director of the Office of Gender Equality and Women’s Empowerment, in coordination with the Policy, Planning and Learning Bureau and the Ambassador-at-Large for Global Women’s Issues.
(a) In general.—The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries.
(1) integrating women into the political, social, and economic systems of partner countries;
(2) developing laws, regulations, and policies that promote equal rights and prohibit discrimination in partner countries;
(3) providing leadership and technical training that improves the capacity of women and girls in partner countries to participate fully in decisions that affect their lives;
(4) enhancing the capacity of partner countries to undertake analysis of the specialized needs of women and girls in health, water, sanitation, housing, education, food, legal and financial services, and other sectors, and to develop policies and programs to meet those needs;
(5) enhancing the capacity of partner countries to prevent and respond to violence against women and girls; and
(6) research and innovation to improve the design, implementation, and monitoring and evaluation of United States foreign assistance for greater effectiveness in promoting gender equality and reducing sexual and gender-based violence.
(a) Establishment.—There is established, within the United States Agency for International Development, an Office of Gender Equality and Women’s Empowerment (referred to in this section as the “Office”).
(b) Director.—The Office shall be headed by a Director (referred to in this section as the “Director”), who shall be highly qualified in matters relating to international development and gender integration. The Director shall report directly to the Administrator and consult regularly with the Ambassador-at-Large for Global Women’s Issues.
(1) advise the Administrator on matters relating to the advancement of women’s global development;
(2) lead and coordinate all efforts of the United States Agency for International Development to empower women and promote gender equality in developing countries, including efforts to prevent and respond to gender-based violence;
(3) direct the preparation of the Global Strategy for Gender Equality under section 1703;
(4) mainstream into the design, implementation, and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on women and girls;
(5) assist other bureaus, offices, and overseas missions in designing and revising strategies, programs, projects and activities to empower women and promote gender equality;
(6) monitor and evaluate the impact on women and girls of programs carried out by USAID; and
(7) disseminate information about lessons learned and best practices for advancing women’s global development throughout USAID and other relevant Federal agencies.
(1) Child marriage, also known as “forced marriage” or “early marriage”, is a harmful traditional practice that deprives girls of their dignity and human rights.
(2) Child marriage as a traditional practice, as well as through coercion or force, is a violation of article 16 of the Universal Declaration of Human Rights, which states, “Marriage shall be entered into only with the free and full consent of intending spouses”.
(3) Factors perpetuating child marriage include poverty, a lack of educational or employment opportunities for girls, parental concerns to ensure sexual relations within marriage, the dowry system, and the perceived lack of value of girls.
(4) Child marriage has negative effects on the health of girls, including significantly increased risk of maternal death and morbidity, infant mortality and morbidity, obstetric fistula, and sexually transmitted diseases, including HIV/AIDS.
(5) Most countries with high rates of child marriage have a legally established minimum age of marriage, yet child marriage persists due to strong traditional norms and the failure to enforce existing laws.
(6) Investments in girls’ schooling, creating safe community spaces for girls, and programs to build skills for out-of-school girls are all effective and demonstrated strategies for preventing child marriage by addressing conditions of poverty, low status, and social norms that contribute to child marriage.
(b) Statement of policy.—It is the policy of the United States to seek the elimination of the practice of child marriage.
(c) Authorization.—The Administrator is authorized to use funds made available under this chapter for programs to prevent the incidence of child marriage in partner countries through the promotion of educational, health, economic, social, and legal rights of girls and women.
(1) areas or regions in developing countries in which 40 percent or more of girls under the age of 18 are married; and
(A) expand and replicate existing community-based programs that are successful in preventing the incidence of child marriage;
(B) establish pilot projects to prevent child marriage; and
(C) share evaluations of successful programs, program designs, experiences, and lessons.
(a) Designation.—The Administrator shall designate an official to lead and coordinate policies and programs of the Agency to prevent child marriage.
(1) ensure that efforts to prevent child marriage are integrated into the relevant country and sector strategies prepared in accordance with sections 1018 and 1019; and
(A) best practices for preventing and reducing the incidence of child marriage;
(B) the incidence of child marriage in partner countries where the practice of child marriage is prevalent; and
(C) the relationship between prevalence of child marriage and the achievement of development goals.
(c) Consultation.—In carrying out the duties under this section, the official designated under subsection (a) shall consult with a wide range of relevant stakeholders.
In this chapter:
(1) CHILD MARRIAGE.—The term “child marriage” means the marriage of a girl or a boy who has not reached the minimum legal age for marriage in the country of residence, or where there is no such law, under the age of 18.
(2) GENDER ANALYSIS.—The term “gender analysis” means the systematic examination of the different roles, rights, resources, constraints, and opportunities of men and women, boys and girls, in a society, economy, community or family.
(3) GENDER EQUALITY.—The term “gender equality” means equal opportunities for all people, regardless of sex, to achieve their personal potential and maximize their contributions to the development of their families, communities, and countries.
(4) GENDER INTEGRATION.—The term “gender integration” means incorporating gender analysis and the resulting recommendations in all policies, budgets, programming, and performance monitoring and evaluation.
(1) Democratic development, political pluralism, and respect for internationally recognized human rights are intrinsically linked to economic and social progress. Efforts to reduce poverty and promote broad-based economic growth are more effective and sustainable in a political environment in which fundamental freedoms and the rule of law are respected, government institutions are broadly representative, and corruption is held to a minimum.
(2) Violent extremism that threatens United States national security flourishes where democratic governance is weak, justice uncertain, and legal avenues for change in short supply.
(3) Democracy can only be sustained in a society in which the legitimacy of the government rests firmly on the expressed consent of the governed; the rights of all citizens, including minorities, are respected and protected; and there is effective civilian control over the military and security forces.
(4) There is a growing worldwide movement toward more open, just and democratic societies. This trend is essential to achieving the United States ultimate objective of worldwide respect for human rights and fundamental freedoms without distinction as to race, sex, language, religion, sexual orientation, or gender identity. At the same time, this trend holds great promise for promoting the peace of the world and the foreign policy, security, and general welfare of the United States.
(5) Preventing mass atrocities is a core national security interest and a core moral responsibility of the United States. Governmental engagement on atrocities too often arrives too late, when opportunities for prevention or low-cost, low-risk action have been missed. By helping partner countries to strengthen democratic institutions and practices and to manage diversity peacefully, responsibly and equitably, USAID can address many of the structural conditions that give rise to mass atrocities.
(6) Persons belonging to racial, ethnic, religious, and linguistic minorities, as well as lesbians, gays, bisexuals, and transgender individuals, and persons with disabilities are often subjected to discrimination, harassment, exploitation, intimidation, and exclusion. United States policies and programs should seek to foster equal opportunity and equal access to justice for all people, including marginalized groups.
(7) Civil society organizations and activists worldwide contribute in unique and essential ways to development as innovative agents of change and social transformation. In particular, such organizations have an important role to play in bringing the voices of the poor to influence government policies, and to hold governments and other powerful actors to account for their actions. A diverse, strong, and independent civil society sector is critical for the sustainable reduction of poverty.
(8) Democracy cannot be imposed from without. However, the United States should encourage all states to meet their obligations under international law to uphold and protect human rights and fundamental freedoms, and should support the aspirations of those who seek through peaceful means to make their governments more democratic and accountable.
(9) Democracy takes time to become firmly rooted in society and in the political system. While short-term interventions can be important and effective means for preventing abuses and opening windows of opportunity, democratic development generally requires sustained effort and a comprehensive approach.
(1) support democratic aspirations and values, foster the spread of democratic institutions, and encourage universal respect for internationally recognized human rights, including civil and political liberties;
(2) recognize that, to be successful, such support must not be defined narrowly in terms of parties and elections and government institutional capacity building, but must include other, equally important, aspects of democratic development, including—
(A) independent and balanced media;
(B) impartial and competent judicial processes that deliver access to justice;
(C) respect for human rights and fundamental freedoms; and
(D) a vibrant civil society that engages meaningfully with government; and
(3) take into consideration a country’s commitment to good governance, respect for the rule of law and protection of internationally recognized human rights in providing assistance under this subtitle.
(a) Goal.—The goal of assistance under this chapter is to strengthen democratic institutions and practices and promote human rights in partner countries.
(1) Improving government responsiveness, accountability, transparency and effectiveness.
(2) Increasing the capacity and participation of civil society.
(3) Strengthening the observance of internationally recognized human rights and the rule of law.
(4) Fostering political competition and consensus-building.
(5) Protecting and expanding democratic space for civil society organizations to operate.
(a) In general.—The Administrator is authorized to use funds made available under section 1015 to further the goal and objectives of this chapter in partner countries.
(1) Conducting free, legitimate, credible, and fair national, state, and local elections.
(2) Developing and strengthening open, democratic, peaceful and effective political parties.
(3) Enhancing the responsiveness and effectiveness of public administration.
(4) Building professional, transparent and responsible legislatures.
(5) Developing and strengthening free, independent and professional media.
(6) Fostering inclusive and transparent legislative and regulatory processes at all levels of government.
(7) Decentralization efforts and the development of capable, representative local government institutions.
(8) Strengthening civilian, democratic control over the military.
(9) Combating corruption and promoting financial integrity.
(10) Improving the independence, impartiality, transparency and competence of judicial officials and processes.
(11) Revising and modernizing laws, constitutions, and legal frameworks.
(12) Expanding access of crime victims and witnesses to legal information and services.
(13) Promoting official recognition of, and respect in practice for, internationally recognized human rights.
(14) Supporting and assisting international and domestic courts and tribunals investigating and prosecuting instances of mass atrocities.
(15) Rehabilitating victims of torture, including activities specifically designed to treat the physical and psychological effects of torture.
(16) Preventing and responding to abuses such as human trafficking, sexual and gender-based violence, the conscription of children into armed forces, the use of child labor and the practice of child marriage.
(17) Strengthening the capacity of civil society organizations to participate effectively in public life and provide input into government decisions.
(18) Increasing citizen awareness of rights and responsibilities, and encouraging greater participation in political processes.
(19) Promoting tolerance, dialogue, and peaceful dispute resolution.
(20) Reducing the risk of mass atrocities through early warning and early action.
(21) Fostering equal rights and equal opportunities for marginalized groups.
(22) Countering laws, regulations, policies, and practices that restrict civil space.
(23) Expanding public access to information and communications, including through the Internet.
(24) Implementing Action Plans for Human Rights and Democracy prepared pursuant to section 3103.
(a) Establishment.—There is established an Advisory Committee on Democracy Promotion (in this section referred to as the “Advisory Committee”). The Advisory Committee shall report to the Secretary and the Administrator.
(b) Purpose.—The purpose of the Advisory Committee is to review and make recommendations on how to improve United States Government efforts to promote democracy internationally.
(c) Duties.—The duties of the Advisory Committee shall include consulting with, providing information to, and advising the Secretary and the Administrator on issues relating to democracy promotion in the formulation and implementation of United States foreign policy and foreign assistance, including such matters as—
(1) the means by which the United States Government should promote democracy, depending on circumstances in foreign countries;
(2) the integration of democracy considerations into United States diplomatic and development efforts;
(3) the special challenges of setting indicators and measuring impact in the field of democracy and governance;
(4) lessons learned and best practices in international democracy promotion;
(5) the balance between strengthening civil society and strengthening governance;
(6) the application of principles of country ownership in undemocratic or democratic transition countries;
(7) the application of marking and branding rules to democracy programs;
(8) the consistency of democracy policies and programs across Federal agencies; and
(9) the parameters for operating in undemocratic and conflict settings.
(1) NUMBER AND APPOINTMENT.—The Advisory Committee shall be composed of 8 individuals appointed by the Secretary and 7 individuals appointed by the Administrator who are experts in various aspects of the field of international democracy, human rights, and good governance.
(2) TERMS.—Members of the Advisory Committee shall serve a term of 2 years, and may be appointed to consecutive terms.
(3) INDIVIDUAL CAPACITY.—Members of the Advisory Committee shall serve in an individual, not a representative, capacity.
(4) CHAIRPERSON AND VICE CHAIRPERSON.—The Chairperson of the Advisory Committee shall be designated by the Secretary, and the Vice Chairperson of the Advisory Committee shall be designated by the Administrator, at the time of their appointment to the Advisory Committee.
(1) IN GENERAL.—The Advisory Committee shall submit to the Secretary and the Administrator on an annual basis a report that describes the activities of the Advisory Committee during the preceding year.
(2) AVAILABILITY TO PUBLIC.—The report required by paragraph (1) shall be made publicly available on the Internet.
(f) Meetings.—The Advisory Committee shall hold not less than 4 meetings each year.
(g) Subcommittees.—The Advisory Committee may establish subcommittees and special task forces, as determined necessary by the Advisory Committee. Any such subcommittee or special task force shall meet subject to the call of the Chairperson of the subcommittee or special task force, as the case may be.
(1) specific programs, projects, or activities authorized under this chapter; or
(2) specific organizations carrying out assistance authorized under this chapter.
(b) Foreign government conditionality.—The Administrator shall not terminate assistance authorized under this chapter for a country pursuant to, or in order to conclude, an agreement to provide other forms of assistance for such country.
Assistance authorized under this chapter to promote human rights, strengthen civil society, and foster a free and fair election, referendum, or vote may be made available notwithstanding any provision of law that restricts assistance to a foreign country.
(a) In general.—No assistance authorized under this chapter shall be used to influence the outcome of any elections in any country.
(b) Exception.—The prohibition in subsection (a) shall not be construed to prohibit programs that make a good faith effort to assist all democratic parties with equitable levels of assistance.
Notwithstanding any other provision of law, regulation, or policy, in determining eligibility for assistance under this title, foreign nongovernmental organizations—
(1) shall not be ineligible for such assistance solely on the basis of health or medical services, including counseling and referral services, provided by such organizations with non-United States Government funds, if such services—
(A) do not violate the laws of the country in which they are being provided, and
(B) would not violate United States Federal law if provided in the United States; and
(2) shall not be subject to requirements relating to the use of non-United States Government funds for advocacy and lobbying activities other than those that apply to United States nongovernmental organizations receiving assistance under this title.
(1) Natural disasters can temporarily overwhelm the capacity of countries, regardless of wealth and technological advancement, to meet basic human needs and protect people from harm. Such disasters are likely to increase in number and severity along with the changes in the world’s climate, the degradation of the environment, and the expansion of the world’s population.
(2) Conflict, weak and poor governance, corruption, and repression increase vulnerability to humanitarian crisis, aggravate the impact of physical and environmental shocks, complicate the ability to respond effectively, and lengthen the recovery period.
(3) Conflicts, human rights violations, and natural disasters often uproot people within their own countries. Forced to abandon their homes and livelihoods, and without access to the rights and resources available to those who cross an international border, these internally displaced persons are among the world’s most vulnerable and neglected people.
(4) Persons affected by conflict are at greatly heightened risk of sexual and gender-based violence. Such risk can be mitigated through proper design and implementation of humanitarian programs, especially those relating to water and sanitation, health, shelter, food, education, energy, and livelihoods, as well as through specific protection measures.
(5) In protracted crises, humanitarian resources are often exhausted before the essential conditions are in place for long-term, sustainable development. In addition, lack of expertise and training, inadequate coordination, and unclear or narrow mandates often leave programming gaps. Coordinated action is required to address basic human needs at every stage of the transition, from emergency relief to recovery, rehabilitation, reconstruction, and development.
(6) Continuity of educational activities for all children is an essential humanitarian need. Assistance to countries affected by conflict or crisis should include formal and informal education services to ensure that children are able to continue their schooling and are protected from physical harm, psychological and social distress, recruitment into armed groups, family separation, and abuses related to their displacement.
(7) Nongovernmental organizations play a leading role in humanitarian action, not only by delivering relief in underserved areas, but also by contributing a significant proportion of the international resources, by developing effective and innovative techniques and methodologies, by maintaining long-term relationships of trust with affected communities, by establishing reputations for independence, impartiality and neutrality, by integrating knowledge and expertise about local languages, customs, conditions, and needs, by bridging the gaps between relief and development, and by advocating for those in greatest need.
(8) The United Nations plays a central, unique, and vital role in leading and coordinating international humanitarian assistance. Its organs and affiliated agencies have capabilities and expertise that far exceed the ability of any single donor to respond to humanitarian needs. The collective voice of these partners frequently enhances United States bilateral efforts and often plays a useful role in gaining access and achieving results where United States influence might otherwise be limited.
(9) Multilateralism allows the United States to leverage its humanitarian contributions as part of a wider international donor effort and helps ensure that United States efforts complement those of other donors. To be effective, United States engagement with multilateral humanitarian organizations requires predictable funding and strong diplomatic engagement in policy development and institutional management.
(b) Statement of policy.—It is the policy of the United States to save lives, alleviate human suffering wherever possible, and protect vulnerable populations, taking action solely on the basis of need, without discrimination between or within affected populations, without regard to diplomatic, economic, military, or other objectives of the United States, and without favoring any side in an armed conflict or other dispute.
(a) Goal.—The goal of assistance under this subtitle is to save lives, alleviate suffering, maintain human dignity, and protect and uphold the rights of extremely vulnerable people.
(1) Provide quick and effective relief in the aftermath of disasters, whether natural or human-caused.
(2) Facilitate the transition to self-sufficiency and safe lives and livelihoods.
(3) Protect civilians affected by conflict, disaster, and displacement from physical harm, persecution, exploitation, abuse, malnutrition and disease, family separation, gender-based violence, forcible recruitment and other threats to human rights.
(4) Build capacity to prevent and mitigate the effects of conflict, disasters, and displacement.
(1) The central purpose of humanitarian action is to save lives, alleviate human suffering, and protect vulnerable population wherever possible.
(2) Humanitarian action should be impartial, based solely on and in proportion to need, without discrimination between or within affected populations, and without regard to the political views, national origin, or religious affiliation of the beneficiaries.
(3) Humanitarian action should be neutral, without furthering a political or religious agenda or favoring any side in an armed conflict or other dispute where such humanitarian action is carried out.
(4) Humanitarian action should be independent, without regard to the political, economic, military, or other objectives that any actor may hold in relation to the affected areas and populations.
(5) Humanitarian action should be undertaken in accordance with international human rights law, international humanitarian law, refugee law, and the United Nations Guiding Principles on Internal Displacement.
(6) Humanitarian action should meet international standards, using the SPHERE Minimum Standards for Disaster Response and the Inter-Agency Standing Committee guidelines as benchmarks, should be informed by the INEE Minimum Standards, and should promote the principles and practices of Good Humanitarian Donorship.
(7) Protection of civilians affected by conflict, disaster, and displacement from physical harm, persecution, exploitation, abuse, malnutrition and disease, family separation, sexual and gender-based violence, forcible recruitment, and other threats to human rights is a core element of humanitarian action.
(8) Humanitarian action should be primarily civilian in nature. The Department of Defense should provide humanitarian assistance overseas only as a last resort when there is no comparable civilian alternative and when the use of military or civil defense assets can uniquely meet a critical humanitarian need.
(9) When the military is required to support a humanitarian response, its participation should be subject to the overall leadership, coordination and policy guidance of civilian agencies, who must be provided the requisite resources and authorities to perform this leadership role.
(10) The United States should adopt, between the Department of State and USAID, a lead-agency approach with a clear division of leadership and responsibility for humanitarian response. Under the guidance of the President, the Secretary should lead for operations responding to political and security crises, while the Administrator should lead for operations in response to humanitarian crises resulting from large-scale natural or industrial disasters, famines, disease outbreaks, and other natural phenomena.
(11) Humanitarian action should be undertaken in a timely, flexible, and efficient manner on the basis of assessed needs.
(12) In addition to providing funding for relief efforts, the United States should use its leverage to assist humanitarian agencies in obtaining secure, unfettered access to survivors in crisis situations.
(13) To ensure impartiality, neutrality, independence, and the appearance thereof, humanitarian action should be implemented by intergovernmental and nongovernmental international humanitarian organizations, in partnership with local communities, indigenous organizations, and affected governments whenever possible.
(14) Individuals affected by conflict, disaster, persecution, and displacement have the greatest stake in the performance of humanitarian programs and should, to the greatest possible extent, be involved in the design, implementation, monitoring, and evaluation of such programs.
(15) Humanitarian, reconstruction, and development programs should be coordinated, planned, and funded to ensure continuity of life-sustaining services during transition phases.
(16) Humanitarian, development, and other economic assistance programs should be designed with an eye toward reducing the risk and impact of future conflict and crisis and building resiliency among the most vulnerable populations.
(17) United States humanitarian action should strive to ensure that refugees, internally displaced persons, and other conflict-affected individuals and communities are treated equally in the application of policy and the allocation of resources.
(18) To promote learning, accountability, transparency, and the efficient use of resources, the United States should support independent monitoring and evaluation of all humanitarian assistance.
(A) humanitarian assistance as defined in section 6;
(B) assistance under any provision of law to save lives, alleviate human suffering, and protect vulnerable populations in an international disaster; and
(C) diplomatic and military activities in support of the goal and objectives of this chapter; and
(2) the term “INEE Minimum Standards” means the standards for education developed by the Inter-Agency Network on Education in Emergencies for use in emergency response, emergency preparedness, and humanitarian advocacy.
(a) Authorization.—Notwithstanding any other provision of this or any other Act, the Administrator is authorized to provide assistance to any foreign country, international organization, or private voluntary organization, on such terms and conditions as the Administrator may determine, for international disaster relief, recovery, and reconstruction, including assistance relating to disaster preparedness, and to the prediction of, and contingency planning for, disasters and humanitarian crises abroad.
(b) Availability of funds.—Amounts made available under this section are authorized to remain available until expended.
(c) Reimbursement authority.—In addition to amounts otherwise available to carry out this section, up to $100,000,000 of amounts made available under subtitle A in any fiscal year may be obligated for the purposes of, and in accordance with the authorities of, this section. Amounts subsequently made available under this section may be used to reimburse any account under which obligations were incurred under this subsection.
(a) Authority.—Whenever the Administrator determines it to be important to the national interest of the United States, the Administrator is authorized to provide, on such terms and conditions as the Administrator may determine, assistance under this section for the purpose of meeting unexpected urgent humanitarian and food assistance needs, notwithstanding any other provision of law.
(b) Establishment.—There is established a United States Emergency Humanitarian Response Fund to carry out the purposes of this section (in this section referred to as the “Fund”).
(c) Transfer authority; availability of funds.—In addition to amounts otherwise available to carry out this section, the President is authorized to transfer to the Fund from amounts made available under any other provision of this Act such sums as may be necessary to carry out the purposes of this section, except that the total amount in the Fund at any time shall not exceed $500,000,000. Amounts in the Fund are authorized to remain available until expended.
(d) Notification.—The President shall keep the appropriate congressional committees currently informed of the use of funds and the exercise of functions authorized in this section.
In this subtitle:
(1) DISASTER.—The term “disaster” means a human-caused or natural occurrence that causes loss of life, health, property, or livelihood, inflicting severe destruction and distress.
(A) disaster planning and preparedness, disaster risk reduction, and other actions to mitigate death and destruction in the event of a disaster;
(B) immediate actions intended to save lives, alleviate human suffering, and protect vulnerable populations during and after a disaster;
(C) short-term measures to facilitate the transition to self-sufficiency and safe lives and livelihoods following a disaster; and
(D) actions to begin to reconstitute basic services and facilities following a disaster.
(A) mean all activities aimed at obtaining full respect for the rights of the individual in accordance with international human rights law, international humanitarian law, refugee law, and the United Nations Guiding Principles on Internal Displacement; and
(B) include activities to prevent, reduce, or mitigate the impact of violence, coercion, deprivation, or abuse on individuals or groups during international disasters.
(1) Peacebuilding involves the full range of approaches, processes, and stages of transforming violent conflict into stable, peaceful relationships.
(2) Because many of the greatest threats to United States national security have emerged from failed states, it is in the national security interest of the United States to support peacebuilding efforts to stabilize and secure fragile states and states under stress.
(3) United States peacebuilding efforts are most effective when they are undertaken in cooperation with the international community, and when they build local capacity to prevent and stop violence and mass atrocities.
(4) In the event that prevention fails, the United States has an obligation to work both multilaterally and bilaterally to mobilize diplomatic, humanitarian, financial, and when necessary and appropriate, military resources to save lives and protect civilian populations.
(5) Civil society organizations, including international nongovernmental organizations and local community groups, play an important role in promoting nonviolent conflict resolution, fostering harmony among religions, ethnic groups, communities, and factions, and facilitating second-track diplomacy. By coordinating with and working through such organizations, the United States can strengthen the effectiveness of its peacebuilding programs.
(b) Statement of policy.—It is the policy of the United States to promote civilian security and long-term sustainable, secure, and stable communities.
In this title, the term “peacebuilding” means activities to prevent armed conflict, prevent and respond to mass atrocities, stabilize weak and fragile states, protect civilians in conflict zones, mitigate crises, help countries to rebuild and recover after conflict, and support transitions to peace, stability, and democracy.
(a) Statement of policy.—It is the policy of the United States to employ a variety of unilateral, bilateral, and multilateral means to respond to international conflicts and crises, placing a high priority upon timely, preventive diplomatic efforts and exercising a leadership role in promoting international efforts to end crises peacefully.
(b) Authorization.—The Secretary is authorized to provide assistance to foreign countries, international organizations, and regional arrangements, on such terms and conditions as the Secretary may determine, for peacekeeping operations in furtherance of the national security interests of the United States.
(c) Reimbursement.—Such assistance may include reimbursement for expenses incurred pursuant to section 7 of the United Nations Participation Act of 1945 (22 U.S.C. 287d–1), except that such reimbursements may not exceed $5,000,000 in any fiscal year unless a greater amount is specifically authorized by law.
(d) Determination.—If the President determines that, as the result of an unforeseen emergency, the provision of assistance under this section in amounts in excess of amounts otherwise made available for such assistance is important to the national interests of the United States, the President may—
(1) exercise the authority of section 10602 to transfer amounts made available to carry out section 4103 for use under this section without regard to the 20 percent increase limitation contained in section 10602, except that the total amount so transferred in any fiscal year may not exceed $15,000,000; and
(2) in the event the President also determines that such unforeseen emergency requires the immediate provision of assistance under this section, direct the drawdown of commodities and services from the inventory and resources of any agency of the United States Government of an aggregate value not to exceed $25,000,000 in any fiscal year.
(a) Authorization.—The Administrator is authorized to provide, notwithstanding any other provision of law, assistance to support the transition to peace, democracy, and sustainable development of a country or region that is at risk of, in, or in transition from, conflict or civil strife.
(1) Developing or strengthening democratic institutions and processes.
(2) Short-term economic and political stabilization.
(3) Reconstructing or revitalizing basic infrastructure.
(4) Fostering reconciliation and the peaceful resolution of conflict.
(c) Transfer authority.—If the Secretary determines that it is important to the national interests of the United States to provide transition assistance in excess of amounts appropriated or otherwise made available under this section, up to $25,000,000 of the funds made available under this Act may be used for purposes of this section and under the authorities applicable to funds made available under this section.
(1) BY ADMINISTRATOR.—The Administrator shall notify the appropriate congressional committees not less than 5 days before beginning a new program of assistance under this section.
(2) BY SECRETARY.—The Secretary shall notify the appropriate congressional committee not less than 5 days before making a transfer pursuant to subsection (c).
Section 404(b) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C. 287e note) is amended—
(1) by striking “Contributions.—” and all that follows through “Funds authorized” and inserting “Contributions.—Funds authorized”; and
(2) by striking paragraph (2).
(a) In general.—The Secretary of Defense is authorized to make available, on a nonreimbursable basis, aircraft maintained and operated by the Department of Defense, to transport Department of State personnel to prevent or respond to a conflict or civil strife, including for use by Assistant Secretaries of State to conduct emergency diplomatic missions in their regions of concern. Such aircraft may include those aircraft assigned to combatant commanders in the Unified Command Plan.
(b) Request.—A request to utilize the aircraft referred to in subsection (a) shall be provided to the Secretary of Defense by the Secretary of State.
(1) IN GENERAL.—The Secretary is authorized to establish a fund, to be known as the “Complex Crisis, Stabilization, and Prevention Fund” (referred to in this section as the “Fund”), to provide assistance to a country or region designated by the Secretary as a country at risk of, in, or in transition from, conflict or civil strife and for other purposes authorized in this section.
(2) CONGRESSIONAL NOTIFICATION.—The Secretary shall notify the appropriate congressional committees at least five days in advance of an obligation of funds under this section.
(A) failure to do so would pose a substantial risk to human health or welfare;
(B) the appropriate congressional committees are notified not later than three days after an obligation of funds; and
(C) such notification contains an explanation of the emergency circumstances necessitating such waiver.
(A) Fostering reconstruction or stabilization.
(B) Mitigating or responding to emerging or unforeseen complex crises, including urgent political, social, or economic challenges that threaten stability.
(C) Addressing systemic and immediate causes of crises and conflict.
(D) Undertaking preventive measures to reduce the risk of crises and conflict and their impact on vulnerable populations.
(1) assistance of a military nature or for a military purpose; or
(2) participation by an officer or employee of the United States in a foreign police action.
(c) Conflict prevention.—Not less than 25 percent of amounts made available to carry out this section shall be used to support programs and activities to prevent an outbreak or escalation of violence in a country at risk of, in, or in transition from, conflict or civil strife.
(1) IN GENERAL.—The President may transfer up to $500,000,000 of amounts made available under any other provision of law to be used to implement the purposes of this section.
(2) ADDITIONAL AMOUNTS.—Notwithstanding any other provision of law, up to $5,000,000 or five percent, whichever is less, of any amounts that are specifically designated by this or any other Act for particular programs or activities may be transferred to carry out the purposes of this section.
(e) Relationship to other laws.—Assistance provided from the Fund may be made available notwithstanding any other provision of law.
(i) prevent and respond to violence against women and girls in humanitarian relief, in a country or region at risk of, in, or in transition from, conflict or civil strife;
(ii) build the capacity of humanitarian organizations and government authorities, as appropriate, to address the special protection needs of women and children;
(iii) support efforts to provide immediate assistance to survivors of violence and reintegrate such individuals through education, psychosocial assistance, trauma counseling, family and community reinsertion and reunification, medical assistance, and economic opportunity programs; and
(iv) provide legal services for women and girls who are victims of violence;
(B) work to incorporate activities to prevent and respond to violence against women and girls internationally into any multilateral or bilateral disarmament, demobilization, rehabilitation, and reintegration efforts by—
(i) providing protection and suitable separate facilities in demobilization and transit centers for women and girls formerly involved in, or associated with, fighting forces;
(ii) ensuring equitable reintegration activities and opportunities for such women and girls, including access to schooling, vocational training, employment, and childcare;
(iii) providing essential medical care and psychosocial support for such women and girls who are victims of violence; and
(iv) incorporating prevention and response to violence against women and girls into programs for former combatants;
(C) designate and deploy specialists in violence against women and girls, as appropriate, as an integral part of the Agency’s Disaster Assistance Response Teams to ensure the integration of prevention and response to violence against women and girls internationally in strategies and programming; and
(i) train all humanitarian workers in preventing and responding to violence against women and girls, including in the use of mechanisms to report violence against women and girls;
(ii) conduct appropriate public outreach to make known to the host community the mechanisms to report violence against women and girls; and
(iii) promptly and appropriately respond to reports of violence against women and girls and treat survivors in accordance with best practices regarding confidentiality.
(b) Coordination of United States Government efforts.—The Secretary of Defense and the Attorney General shall coordinate with the Secretary of State and the Administrator when carrying out programs relevant to the purposes of this section.
(1) STRENGTHENING UNITED NATIONS PROCEDURES.—The Secretary, in consultation with the Administrator and the United States Permanent Representative to the United Nations, is authorized to promote United Nations efforts to—
(A) develop and implement appropriate training programs for peacekeeping and humanitarian personnel in prevention and response to violence against women and girls internationally;
(B) meet staffing goals for women military and police peacekeepers, including all-women teams and units;
(C) enhance the deployment of civilian women at all levels to serve in peacekeeping missions, including through innovative staffing formulas;
(D) institute effective protection mechanisms in and around United Nations-managed refugee and internally displaced persons camps;
(E) implement a zero tolerance policy for sexual exploitation and abuse in United Nations peacekeeping and humanitarian operations;
(i) taking appropriate actions to prevent violence and abuse;
(ii) providing materials for pre-deployment and in-theater awareness training; and
(iii) taking other actions to promote full accountability in cases of abusive conduct involving the personnel of such countries;
(G) continue to expand appropriate mechanisms to permit individuals to safely bring to the attention of United Nations peacekeeping commanders and heads of humanitarian missions allegations of violence against women and girls internationally; and
(H) ensure the capacity of the United Nations Office of Internal Oversight to investigate in a timely and efficient manner all credible allegations of violence against women and girls internationally, while protecting the whistleblower.
(1) EMERGENCY RESPONSE.—Not later than 45 days after receiving a credible report of serious or widespread incidents of violence against women and girls in a situation of armed conflict or civil strife, the Secretary and the Administrator shall, in consultation with relevant stakeholders, identify and implement emergency response measures.
(A) affected populations;
(B) international, multilateral, and nongovernmental organizations operating in the affected area;
(C) the government of the country in which the violence is occurring;
(D) governments in the region in which the violence is occurring; and
(E) donor governments.
(3) CONGRESSIONAL BRIEFINGS.—The Secretary shall brief the appropriate congressional committees not less than quarterly on the status of incidents of violence against women and girls in situations of armed conflict or civil strife, emergency response measures taken, and consultations with relevant stakeholders.
(1) clearance of unexploded ordinance;
(2) the destruction of small arms; and
(3) related activities.
(b) Special authority.—Subject to such terms and conditions as the Secretary may prescribe, the Secretary is authorized to make grants of demining equipment to foreign countries and international organizations, for the purposes identified in this section.
(a) In general.—The Secretary, in coordination with the Administrator, is authorized to carry out programs in foreign countries to assist the disarmament, demobilization, reintegration, and rehabilitation of former combatants.
(b) Coordination.—The programs referred to in subsection (a) shall be coordinated, as appropriate, with international nongovernmental organizations and the government of the country in which any such program is carried out.
(1) Armed conflict and civil strife often stem from dynamics that transcend traditional state borders and require cross-border and regional approaches.
(2) United States diplomacy is often conducted on a bilateral, state-centric basis that fails to address problems comprehensively or to identify and assess the full range of issues and opportunities.
(3) A comprehensive approach towards conflict prevention is required, incorporating cross border and regional dynamics and non-state actors.
(b) Conflict assessment.—The Secretary, acting through the Under Secretary for Civilian Security, Democracy, and Human Rights and in consultation with the Administrator, shall be responsible for ensuring that an annual regional conflict risk assessment is conducted for each geographic region represented by an Assistant Secretary. Each assessment shall include the following:
(1) An identification of ongoing violent conflicts in the region.
(2) An evaluation of the potential for outbreaks of violent conflict in the region.
(3) A list of those conflicts determined to be at high risk of outbreak of escalation.
(4) A description of new opportunities and challenges for conflict mitigation in the region.
(c) Conflict mitigation strategy.—For each conflict identified in subsection (b)(3), the relevant office or diplomatic or consular post of the Department of State, in consultation with the relevant office or overseas mission of the Agency, shall develop a conflict mitigation strategy. Such strategy shall include the following elements:
(1) An analysis of the key drivers of potential conflict.
(2) An analysis of the impact of current United States policies and programs on the drivers referred to in paragraph (1).
(3) Specific objectives in mitigating conflict for the next 1- to 3-year period, including indicators and other measurements of progress.
(4) A plan for ensuring that basic human needs are met and civilians are protected during the period of the strategy.
(5) A description of policies and programs needed to achieve the objectives identified in paragraph (3).
(6) A description of how such policies and programs will be coordinated with the policies and programs of local partners and the international community.
(7) A description of the roles of each Federal agency in carrying out the conflict mitigation strategy, and the mechanisms for interagency coordination.
(8) The requirements for human and financial resources to carry out the conflict mitigation strategy over the next 1- to 3-year period.
(d) Consultation.—In preparing each conflict mitigation strategy required under subsection (c), the relevant office or diplomatic or consular post of the Department of State shall consult with a wide range of local stakeholders, including civil society organizations.
(e) Transmission to congress.—Each conflict mitigation strategy required under subsection (c) shall be transmitted to the appropriate congressional committees.
(a) Quarterly reports.—The Secretary of Defense shall submit, on a quarterly basis, to the Committee on Armed Services of the House of Representatives, the Committee on Armed Services of the Senate, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate a report setting forth all costs (including incremental costs) incurred by the Department of Defense during the preceding quarter in implementing or supporting resolutions of the United Nations Security Council, including any such resolution calling for international sanctions, international peacekeeping operations, or humanitarian missions undertaken by the Department of Defense. Each quarterly report shall include an aggregate of all such Department of Defense costs by operation or mission.
(b) United States costs.—The President shall annually transmit to the Secretary General of the United Nations the information required under subsection (a).
(c) United Nations Member State costs.—The President shall direct the permanent representative of the United States to the United Nations to request that the United Nations compile and publish information concerning costs incurred by United Nations Member States in support of the resolutions described in subsection (a).
(a) Policy and principles.—United States policy regarding Cyprus, Greece, and Turkey shall be directed toward the establishment of stability and peace in the Eastern Mediterranean region and shall therefore be governed by the following principles:
(1) The United States shall actively support the resolution of differences in the Eastern Mediterranean region through negotiations, encourage all parties to avoid provocative actions, and strongly oppose any attempt to resolve disputes through force or threat of force.
(2) The United States shall provide defense articles to Greece and Turkey only with full consideration for maintaining balance and stability in the Eastern Mediterranean.
(3) Sustained improvement in Greek-Turkish bilateral relations is in the interests of the United States, the North Atlantic Treaty Organization, and the countries of the Eastern Mediterranean region.
(4) Consistent with longstanding United States policy, the United States recognizes and shall continue to recognize the sovereignty of the Republic of Cyprus over the whole of Cyprus, other than the British Sovereign Base Areas. Accordingly, the United States recognizes the Republic of Cyprus’ rights to its territorial seas and economic exclusion zone (EEZ).
(5) The near-term achievement of a just and lasting settlement to the Cyrus problem is a central objective of United States foreign policy.
(6) A just settlement on Cyprus must involve the re-unification of the island based on a bi-zonal, bi-communal federation with a single sovereignty, international personality, and citizenship, with its independence and territorial integrity safeguarded, and comprising two politically equal communities, as provided for in relevant United Nations Security Council resolutions.
(7) Freedom of religion and respect for the cultural and religious heritage of all Cypriot communities shall be protected and promoted throughout the island.
(8) Agreement on the near-term return of Greek Cypriot refugees to Famagusta (Varosha) would constitute an important confidence-building measure.
(9) The United States shall use its influence to ensure the continuation of the ceasefire on Cyprus until an equitable negotiated settlement is reached.
(10) The United States shall use its influence to achieve the withdrawal of Turkish military forces from Cyprus and to effect an end to Turkey’s illegal transfer of its citizens to Cyprus.
(1) SENSE OF CONGRESS.—Because progress toward a Cyprus settlement is a high priority of United States policy in the Eastern Mediterranean region, it is the sense of Congress that the President should continually review that progress and should determine United States policy in the region accordingly.
(2) REPORT.—To facilitate such a review, the President shall, not later than 90 days after the date of the enactment of this Act and at the end of each succeeding 90-day period thereafter, transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report describing efforts to achieve the demilitarization of Cyprus and a negotiated solution to the Cyprus problem.
(c) Certification.—In order to ensure that security assistance to Greece and Turkey is provided consistent with the policies established in this section, the Secretary shall, whenever transmitting a certification pursuant to section 4382 for Greece or Turkey, include in that certification a full explanation of how the proposed sale accords with the principles set forth in subsection (a).
(1) IN GENERAL.—Beginning on the day after the date of the enactment of this Act, no articles, information, technology or services controlled for export pursuant to this Act, the former authority of the Arms Export Control Act, or the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) may be exported, re-exported, transferred, or provided to a military end-user, or for a military end-use, in the internationally recognized territory of the Republic of Cyprus, including Turkish-occupied northern Cyprus.
(2) REPORT.—The President shall submit to Congress a report on any credible information that articles, information, technology, or services have been used in a manner inconsistent with this subsection.
(e) Limitation on funds.—Funds made available for Cyprus under this Act shall be provided only for programs and activities that are consistent with the goal of reunification of Cyprus and the achievement of a bi-communal, bi-zonal federation.
(1) Non-combatants comprise most of the casualties in modern conflict.
(2) In many cases, civilian deaths are the result of belligerents deliberately targeting civilians on a wide scale.
(3) Civilians are vulnerable both during interstate conflict and intrastate situations, such as civil wars, insurgencies, and anarchic conditions associated with failed states.
(4) There are common variables to situations giving rise to atrocities, including past history of such occurrences, persistence of articulated and non-articulated tensions, and poor or malevolent leadership.
(5) Most tellingly, atrocities—including genocide—often occur when displaced persons attempt to flee conflict.
(6) The United States is committed to working with our allies, and to strengthening our own internal capabilities, in order to ensure that the United States and the international community are proactively engaged in a strategic effort to prevent mass atrocities and genocide. In the event that prevention fails, the United States will work both multilaterally and bilaterally to mobilize diplomatic, humanitarian, financial, and—in certain instances—military means to prevent and respond to genocide and mass atrocities.
(7) Preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the United States.
(8) United States security is affected when masses of civilians are slaughtered, refugees flow across borders, and murderers wreak havoc on regional stability and livelihoods.
(9) Governmental engagement on atrocities and genocide too often arrives too late, when opportunities for prevention or low-cost, low-risk action have been missed.
(10) Ensuring that a full range of options is available to senior policy makers requires a level of governmental organization that matches the methodical organization characteristic of mass killings.
(b) Establishment of Interagency Atrocities Prevention Board.—The President shall establish an Interagency Atrocities Prevention Board (in this section referred to as the “Board”) with the following responsibilities:
(1) Coordinate and synchronize a whole of government approach to preventing mass atrocities.
(2) Integrate the early warning systems of national security agencies, including intelligence agencies, with respect to incidents of mass atrocities and coordinate the policy response to such incidents.
(3) Conduct gaming and contingency planning exercises regarding atrocities prevention and response.
(4) Oversee the development and implementation of comprehensive atrocities prevention and response strategies.
(A) foreign assistance;
(B) diplomatic initiatives;
(C) deployment of civilian expertise;
(D) use of sanctions; and
(E) military options.
(6) Identify and close gaps in expertise, readiness, and planning for atrocities prevention and early action across Federal agencies.
(7) Ensure that risk assessments and policies to mitigate identified risks are communicated in a timely fashion to the relevant Federal agencies and integrated into activities.
(1) IN GENERAL.—The Board shall be headed by a senior director selected by the President, and who shall report to the Assistant to the President for National Security Affairs (commonly referred to as the “National Security Advisor”).
(2) RESPONSIBILITIES.—The senior director shall have primary responsibility for promoting United States Government policies to protect individuals affected by conflict and atrocities and carrying out the responsibilities identified in subsection (b).
(1) The Department of Defense.
(2) The United States Agency for International Development.
(3) The Department of State.
(4) The Department of Justice.
(5) The Department of the Treasury.
(6) The Department of Homeland Security.
(7) The Central Intelligence Agency.
(8) The Office of the Director of National Intelligence.
(9) The United States Mission to the United Nations.
(1) by redesignating paragraph (4) as paragraph (5); and
(2) by inserting after paragraph (3) the following new paragraph:
“(4) UNDER SECRETARY FOR CIVILIAN SECURITY, DEMOCRACY, AND HUMAN RIGHTS.—There shall be in the Department of State, among the Under Secretaries authorized by paragraph (1), an Under Secretary for Civilian Security, Democracy, and Human Rights, who shall have primary responsibility to assist the Secretary and the Deputy Secretary in the formation and implementation of policy, activities, and oversight related to crisis prevention and response, democracy, human rights, and labor, and refugees and migration. The Under Secretary for Civilian Security, Democracy, and Human Rights shall—
“(A) coordinate and implement civilian responses to conflict, including deployment of the Civilian Response Corps;
“(B) oversee the full spectrum of conflict-related policies and programs in the Department of State;
“(C) conduct strategic planning and budgeting for conflict-related activities within the Department of State;
“(D) manage prevention and response to refugee and humanitarian crises, including support for major international organizations involved in aid to conflict affected populations; and
“(E) advance human rights and democratic values.”.
(b) Abolition.—The position of Under Secretary for Democracy and Global Affairs is hereby abolished.
(c) Transfer.—Responsibilities for the position of Under Secretary for Democracy and Global Affairs shall be transferred to the Under Secretary for Civilian Security, Democracy and Human Rights, as appropriate. The individual serving in the capacity of Under Secretary for Democracy and Global Affairs as of the date of the enactment of this Act may continue serve in the capacity of the Under Secretary for Civilian Security, Democracy, and Human Rights.
(d) Conforming amendment.—Section 2113(a) of the Implementing Recommendations of the 9/11 Commission Act of 2007 (22 U.S.C. 8213(a); Public Law 110–53) is amended by striking “Under Secretary of State for Democracy and Global Affairs” and inserting “Under Secretary of State for Civilian Security, Democracy, and Human Rights”.
(a) In general.—Section 62 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2734) is amended to read as follows:
“(1) ESTABLISHMENT.—There is established within the Department of State the Bureau of Conflict and Stabilization Operations.
“(2) ASSISTANT SECRETARY FOR CONFLICT AND STABILIZATION OPERATIONS.—The head of the Bureau shall be the Assistant Secretary for Conflict and Stabilization Operations. The Assistant Secretary shall report directly to the Under Secretary for Civilian Security, Democracy, and Human Rights.
“(A) Training, equipping, and deploying the Civilian Response Corps described in subsection (b)(1).
“(B) Developing, at the request of a Chief of Mission, a strategy or plan, and designing relevant programming, for stabilization and reconstruction, as appropriate to the local context.
“(C) At the request of a Chief of Mission, mobilizing and deploying members of the Civilian Response Corps as needed.
“(D) Entering into appropriate arrangements with agencies to carry out activities under this section and the Reconstruction and Stabilization Civilian Management Act of 2008 (title XVI of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009; Public Law 110–417).
“(E) Identifying and recruiting personnel in State and local governments, including law enforcement personnel, and in the private sector who are available to participate in the Reserve Corps established under subsection (b)(1)(B) or to otherwise participate in or contribute to reconstruction and stabilization activities.
“(F) Taking steps to ensure that training and education of civilian personnel to perform such reconstruction and stabilization operations is adequate and is carried out, as appropriate, with other offices in the Department of State and the United States Agency for International Development involved with reconstruction and stabilization activities.
“(G) Maintaining the capacity to field on short notice an evaluation team consisting of personnel from all relevant agencies to undertake on-site needs assessment.
“(H) Maintaining a staff of experts to provide technical support for crisis mitigation, including mediation and negotiation support teams.
“(I) Establishing and maintaining a cadre of deployable personnel to conduct contingency acquisition support.
“(J) Establishing and maintaining on active status a contingency contracting office for the purpose of procuring goods, equipment, and services for use in contingency operations and for assistance to support reconstruction and stabilization activities.
“(1) IN GENERAL.—The Secretary of State shall establish and maintain a Civilian Response Corps (referred to in this section as the ‘Corps’) to provide assistance in support of reconstruction and stabilization activities in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. The Corps shall be composed of active and reserve components.
“(i) IN GENERAL.—The Active Corps shall be composed of not more than 200 positions identified by the Secretary of State, in consultation with the Administrator, based on the skillsets identified by the Coordinator.
“(ii) MEMBERSHIP.—The Active Corps shall consist of United States Government personnel, including employees of the Department of State, the United States Agency for International Development, and other agencies.
“(I) serve as liaisons between the Bureau of Conflict and Stabilization Operations and regional bureaus of the Department of State;
“(II) unless deployed abroad, be employed by the Under Secretary for Civilian Security, Democracy, and Human Rights; and
“(III) deploy, within 72 hours, anywhere outside the United States where the Secretary of State directs.
“(iv) SURGE.—Members of the Active Corps may be detailed by the Assistant Secretary for Conflict and Stabilization Operations to regional bureaus of the Department of State to augment crisis and conflict planning and response.
“(i) IN GENERAL.—The Reserve Corps shall consist of United States Government personnel, individuals employed by State or local governments, or other experts who have the skills necessary for supporting reconstruction and stabilization activities, or who shall be trained and employed to carry out such activities, and who have volunteered for such purpose.
“(ii) LIST.—The Secretary shall maintain and continually update a database composed of personnel who have volunteered for the Reserve Corps.
“(I) on a voluntary basis, deploy within 72 hours, anywhere outside the United States, where the Secretary of State directs; and
“(II) maintain appropriate skills and conditioning to deploy to assist in reconstruction and stabilization activities.
“(2) MITIGATION OF DOMESTIC IMPACT.—The establishment and deployment of any Reserve Corps shall be undertaken in a manner that avoids substantively impairing the capacity and readiness of the Federal Government or any State or local government from which Reserve Corps personnel may be drawn.
“(3) EXISTING TRAINING AND EDUCATION PROGRAMS.—The Secretary of State shall ensure that personnel of the Department of State, and, in coordination with the Administrator of the United States Agency for International Development, that personnel of USAID, have access to and make use of the relevant existing training and education programs offered within the Federal Government, such as those at the Center for Stabilization and Reconstruction Studies at the Naval Postgraduate School and the Interagency Training, Education, and After Action Review Program at the National Defense University.
“(A) APPOINTMENTS TO FOREIGN SERVICE.—Individuals who serve in the Civilian Response Corps shall be eligible to be appointed as a member of the Foreign Service pursuant to section 303 of the Foreign Service Act of 1980 (22 U.S.C. 3943) for a term of up to three years.
“(B) DEPLOYMENT.—Not less than 60 percent of the Active Corps should be deployed outside of the United States at any one time.
“(C) PROMOTION.—Individuals who are career members of the Foreign Service shall be considered for promotion on the same basis as individuals who are assigned to diplomatic or consular posts with one-year tours of duty.
“(D) CHAIN-OF-COMMAND.—Once deployed abroad, a member of the Civilian Response Corps shall report to and serve under the operational control of the chief of mission of the country or region in which such member is deployed.
“(E) LIMITATION ON DEPLOYMENT.—The Secretary of State is authorized to deploy to a foreign country members of the Active Corps for a period of not longer than one year. Such period may be extended on a voluntary basis.
“(5) TEMPORARY APPOINTMENTS FOR CERTAIN INDIVIDUALS.—The Secretary of State, acting through the Assistant Secretary for Conflict and Stabilization Operations, is authorized to appoint individuals with acquisition backgrounds to the Active or Reserve Corps on a one-year basis to implement contracts for contingency operations.
“(1) FOREIGN SERVICE LIMITED POSITIONS.—Pursuant to the authority of section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949), and notwithstanding the limitation specified in section 305 of such Act (22 U.S.C. 3945), the Administrator of the United States Agency for International Development (USAID) may appoint to the Senior Foreign Service up to ten individuals to be assigned to or support contingency operations.
“(A) the Administrator of USAID, with respect to the employment in USAID, or
“(B) the Inspector General of USAID, with respect to the employment in the Office of Inspector General,
of an annuitant in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee, or when a temporary emergency hiring need exists.
“(3) PROCEDURES.—If the authority referred to in paragraph (1) is delegated, the Administrator of USAID or the Inspector General of USAID, as appropriate, shall prescribe criteria and procedures for the exercise of any authority under this section.
“(4) STATUS OF EMPLOYMENT.—A Federal employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter III of chapter 83, or chapter 84 of title 5, United States Code.
“(1) IN GENERAL.—The Secretary of State may select and appoint employees to carry out conflict and stabilization activities without regard to the provisions of title 5, United States Code, governing appointment in the competitive service and may fix the basic compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of such title.
“(2) DELEGATION.—The Secretary of State may authorize the head of any agency to exercise the authority described in paragraph (1).
“(3) DEFINITION.—For the purpose of this subsection, the term ‘employees’ means individuals who qualify as an employee as defined in section 2105 of title 5, United States Code, and who are appointed on a time-limited basis solely to carry out reconstruction and stabilization activities under or consistent with this section.”.
(b) Special authority.—Notwithstanding any other provision of law, including section 304(c) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4834(c); Public Law 99–399), personnel designated by the Secretary, including members of the Civilian Response Corps, shall not be bound by the regulations and guidance provided by the Bureau of Diplomatic Security and shall deploy at the direction of the Secretary.
(1) in section 1603 (22 U.S.C. 2734a note), by amending paragraph (5) to read as follows:
“(A) individuals serving in any service described in section 2101 of title 5, United States Code, other than in the legislative or judicial branch;
“(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”.
Section 151 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (5 U.S.C. 5928 note; Public Law 101–246) is amended—
(1) by striking “or” after “Drug Enforcement Administration” and inserting “, the”; and
(2) inserting “, or the Civilian Response Corps” after “Federal Bureau of Investigation”.
The State Department Basic Authorities Act of 1956 is amended by adding after section 62 (as amended by 2031 of this Act) the following new section:
“(a) Establishment.—There is established within the Department of State the Office of the Stability Policing Coordinator (in this section referred to as the ‘Office’).
“(b) Coordinator for police training.—The head of the Office shall be the Coordinator for Stability Policing (in this section referred to as the ‘Coordinator’). The Coordinator shall report directly to the Assistant Secretary for Conflict and Stabilization Operations.
“(c) Responsibilities.—The Coordinator shall be responsible for developing a unified, coherent, comprehensive, and effective program of law enforcement assistance in support of reconstruction and stabilization activities in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife. Such program shall include the following elements:
“(1) Developing and overseeing curricula for police training specifically oriented towards reconstruction and stabilization activities.
“(2) Developing and implementing policies and procedures to ensure that human rights, and in particular those of women and girls, are protected.
“(3) In coordination with the Bureau of Conflict and Stabilization Operations, as appropriate, recruiting, vetting, and training personnel to serve as police trainers.
“(4) Ensuring proper direction and oversight of contractors hired to implement police training programs under this section.
“(5) Establishing benchmarks to measure the progress of police training programs conducted under this section.
“(6) Coordinating assistance carried out by the Office with similar assistance provided by other Federal agencies and international donors.
“(7) Overseeing procurement and delivery of supplies and equipment, and monitoring the end use of such supplies and equipment.
“(8) Providing policy guidance and program support to the United States diplomatic and consular missions in the country or region undertaking police training operations.
“(9) Providing guidance to the Bureau of Conflict and Stabilization Operations regarding the selection and training of law enforcement and judicial personnel for the Readiness Response Corps.
“(d) Relationship to global rule of law policy committee.—The Coordinator shall ensure that the activities of the Office are consistent with the coordination plan established pursuant to section 3202 of the Global Partnerships Act of 2012.”.
Section 708 of the Foreign Assistance Act of 1980 (22 U.S.C. 4028) is amended—
(A) in paragraph (2), by striking “and” at the end;
(B) in paragraph (3), by striking the period at the end and inserting “; and”; and
(C) by adding at the end the following new paragraph:
“(4) instruction on methods for conflict management and mitigation and on the necessary skills to be able to function successfully in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife, including—
“(A) recognizing patterns of escalation and early warning signs of potential atrocities or violence, including gender-based violence; and
“(B) methods of early action, prevention, and response.”; and
“(d) The training described in subsection (a)(4) shall be mandatory for all Foreign Service officers assigned to a position, or otherwise made available for service, in the department or agency or at a post overseas with responsibilities in the subject matters described in such subsection. Training opportunities should include, as appropriate for the department and agency, respectively, fellowships, details, and exchanges with relevant Federal agencies, international organizations, and nongovernmental organizations.”.
(1) All human beings are born free and equal in dignity and rights. Recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world.
(2) A democratic political system, in which the will of the people, as expressed in periodic and genuine elections, is the basis of the authority of government, is the best guarantor of freedom of speech and belief and freedom from fear and want.
(3) Democracy is a necessary but insufficient condition for the effective protection of human rights. Majority rule must be tempered by guarantees for the dignity and rights of minorities.
(4) The advancement of human rights and the institutionalization of democracy are important to the achievement of other United States foreign policy goals, such as reducing poverty, building peace, expanding prosperity and sustaining the global environment.
(A) bilateral and multilateral diplomatic overtures;
(B) the development and implementation of international norms and standards, including voluntary codes of conduct;
(C) support for the establishment and strengthening of laws, policies and institutions that protect rights and freedoms, including technical assistance and training to governments and civil society organizations;
(D) support for and protection of individuals and civil society organizations who defend and exercise their human rights and democratic freedoms;
(E) research and reporting on violations of human rights, including identifying those who commit such violations;
(F) the threat or imposition of sanctions against violators, including criminal prosecution where appropriate; and
(G) offering diplomatic and economic incentives for improved performance.
(6) United States support for human rights and democracy should be open and explicit, with due regard for the safety and independence of local partners and impartiality among peaceful, democratic political parties and factions.
(b) Statement of policy.—It is the policy of the United States, in keeping with its constitutional heritage and traditions and in accordance with its international obligations as set forth in the Charter of the United Nations and the Universal Declaration of Human Rights, to promote and encourage increased respect for human rights and fundamental freedoms throughout the world without distinction as to race, sex, language, religion, sexual orientation or gender identity.
(a) Report required.—The Secretary shall submit to the appropriate congressional committees, by February 25 of each year, a comprehensive report regarding the status of internationally recognized human rights in each covered country.
(A) arbitrary or unlawful deprivation of life;
(C) torture and other cruel, inhuman or degrading treatment or punishment;
(D) arbitrary arrest or detention;
(E) denial of fair public trial; and
(F) arbitrary interference with privacy, family, home or correspondence;
(A) freedom of speech and press, including Internet freedom;
(B) freedom of peaceful assembly and association;
(C) freedom of religion and conscience;
(D) freedom of movement; and
(E) provision of asylum and resettlement of refugees;
(A) to change their government;
(B) to take part in the conduct of public affairs; and
(C) to vote and be elected at genuine periodic elections;
(A) the right of association;
(B) the right to organize and bargain collectively;
(C) prohibition of forced or compulsory labor;
(D) prohibition of child labor; and
(E) acceptable conditions of work;
(A) mass atrocities;
(B) trafficking in persons;
(C) sexual and gender-based violence;
(D) criminalization of homosexuality or deprivation of fundamental freedoms due to sexual orientation or gender identity;
(E) violations of the principles of voluntarism and informed choice in health care, including coerced abortion and involuntary sterilization;
(F) child marriage; and
(G) compulsory recruitment and conscription of individuals under the age of 15 by armed forces of the government of the country, government-supported paramilitaries, or other armed groups; and
(A) government corruption and transparency;
(B) government participation in, facilitation of, or condoning of, violations of internationally recognized human rights;
(C) steps taken by such government to prevent and respond to violations of internationally recognized human rights;
(D) the extent of cooperation by such government in permitting an unimpeded investigation by international organizations, including nongovernmental organizations, of alleged violations of internationally recognized human rights; and
(E) wherever applicable, such government’s votes in the United Nations Human Rights Council.
(c) Consultation.—In compiling data and making assessments for purposes of subsection (b), United States diplomatic mission personnel in each covered country shall consult with relevant international and nongovernmental organizations.
(d) Translation and publication.—For each covered country, the report required by this section shall be translated into the principal languages of the country and made available on the Internet website of the United States diplomatic mission to the country, or, where there is no diplomatic mission, on the Internet website of the Department of State.
(A) receives assistance under this Act; or
(B) is a member of the United Nations; and
(2) the term “child marriage” means the marriage of a girl or a boy who has not reached the minimum legal age for marriage in the country of residence, or where there is no such law, under the age of 18.
(1) IN GENERAL.—Except as provided in paragraph (2), beginning 3 years after the date of the enactment of this Act and every 3 to 5 years thereafter, the Secretary, in coordination with the Administrator as appropriate, shall develop an action plan for human rights and democracy in each country that is included in the report under section 3102.
(2) EXCEPTION.—The Secretary is not required to develop an action plan under this subsection for any country with respect to which the Secretary determines, based on the information required in the report under section 3102, that human rights and fundamental freedoms are generally respected.
(1) in each country with a United States diplomatic mission, by the Chief of Mission, in coordination with the Mission Director of the Agency, if a Mission Director is assigned to such country, and in consultation with the Assistant Secretary for Democracy, Human Rights, and Labor; or
(2) in each country without a United States diplomatic mission, by the Assistant Secretary of State for Democracy, Human Rights, and Labor, in coordination with the Assistant Administrator for Democratic and Civic Development and the relevant regional bureaus of the Department of State and United States Agency for International Development.
(1) A description of the major barriers in such country to fundamental rights and freedoms.
(2) Specific improvements in the areas identified under paragraph (1) that the United States will seek over the next 3 to 5 years.
(3) A description of the policies and programs, including assistance, to be undertaken in order to foster the improvements identified in paragraph (2).
(4) A description of the roles of each participating Federal agency in carrying out the policies and programs identified in paragraph (3).
(5) A description of the budgetary and personnel resources needed to carry out the policies and programs identified in paragraph (3).
(d) Consultation.—In preparing the action plan required under subsection (a), the relevant officials shall consult with a wide range of nongovernmental organizations in the country and with nongovernmental organizations having significant experience in or knowledge about the country.
(1) TO CONGRESS.—The action plan required under subsection (a) shall be transmitted to the appropriate congressional committees.
(2) PUBLIC AVAILABILITY.—At a minimum, the elements of the action plan described in paragraphs (1) and (2) of subsection (c) shall be published on the Internet website of the Department of State and, in countries in which a United States diplomatic mission is established, on the mission’s Internet website.
(f) Strategic coordination.—In order to avoid duplication and policy inconsistency, the Secretary shall ensure that the action plan required under subsection (a) is coordinated with all other relevant diplomatic and development strategies, in particular the strategies prepared pursuant to—
(1) section 1703, relating to Global Strategy for Gender Equality;
(2) section 1018, relating to Country Development Cooperation Strategies;
(3) section 2012, relating to Conflict Mitigation Strategy; and
(4) section 3203, relating to Comprehensive International Strategy to Prevent and Respond to Violence Against Women and Girls.
(a) Establishment.—There is established a Human Rights and Democracy Fund (in this section referred to as the “Fund”) to be administered by the Assistant Secretary of State for Democracy, Human Rights, and Labor.
(1) supporting defenders of human rights and advocates of democracy;
(2) assisting victims of human rights violations;
(3) preventing and responding to violence against women and girls, in accordance with subtitle A;
(4) carrying out child protection compacts in accordance with section 3402; and
(5) responding to emergencies and unanticipated opportunities in the areas of human rights and democracy.
(c) Consultation.—In administering the Fund, the Assistant Secretary of State for Democracy, Human Rights, and Labor shall consult with the Ambassador-at-Large for Global Women’s Issues and the Assistant Administrator for Democratic and Civic Development of the United States Agency for International Development.
(d) Additional funds.—Funds made available under this section for a fiscal year are in addition to funds otherwise available for such purposes.
(e) Special authority.—Funds made available under this section for a fiscal year are authorized to be made available notwithstanding any provision of law that restricts assistance to a foreign country.
Section 1(c)(2) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(2)) is amended to read as follows:
“(A) IN GENERAL.—There shall be in the Department of State an Assistant Secretary of State for Democracy, Human Rights, and Labor who shall be responsible to the Secretary of State for matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy and such other related duties as the Secretary may from time to time designate. The Assistant Secretary shall carry out the Secretary’s responsibilities under section 3102 of the Global Partnerships Act of 2012.
“(B) DUTIES.—The Assistant Secretary of State for Democracy, Human Rights, and Labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs (including matters relating to prisoners of war and members of the United States Armed Forces missing in action) in the conduct of foreign policy, including the following:
“(i) Gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which the requirements of sections 3102 and 3103, respectively, of the Global Partnerships Act of 2012 are relevant.
“(ii) Preparing the country reports and action plans required under sections 3102 and 3103 of the Global Partnerships Act of 2012.
“(iii) Making recommendations to the Secretary of State and the Administrator of the United States Agency for International Development regarding implementation of the human rights policies, principles, restrictions and authorities of the Global Partnerships Act of 2012.
“(iv) Administering the Human Rights and Democracy Fund established under section 3104 of the Global Partnerships Act of 2012.
“(v) Performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries.
“(C) CONSULTATION.—The Assistant Secretary of State for Democracy, Human Rights, and Labor shall be consulted in the determinations of which countries shall receive United States foreign assistance and the nature of the assistance to be provided to each country.
“(D) CERTAIN ASSIGNMENTS.—Any assignment of an individual to a political officer position at a United States mission abroad that has the primary responsibility for monitoring human rights developments in a foreign country shall be made upon the recommendation of the Assistant Secretary of State for Democracy, Human Rights, and Labor in conjunction with the head of the Department of State’s regional bureau having primary responsibility for that country.”.
(a) Designation of officer.—The Assistant Secretary of State for Democracy, Human Rights, and Labor shall designate an 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.—The Secretary 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.
(1) in the matter preceding paragraph (1), by inserting “the Assistant 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 new paragraph:
“(4) instruction, in courses covering human rights reporting and advocacy work, on identifying violence, discrimination, and restrictions on the enjoyment of fundamental freedoms, consistent with United States law, based on actual or perceived sexual orientation and gender identity.”.
Section 2143 of the ADVANCE Democracy Act of 2007 (22 U.S.C. 8243) is amended by striking the matter preceding paragraph (1) and inserting the following:
“ The Secretary shall expand the range of awards and incentives to encourage members of the Foreign Service and other employees of the Department to take assignments relating to the promotion of democracy and the protection of human rights, which may include the following:”.
It is the policy of the United States to—
(1) promote the equal participation of women in the political, economic and social lives of their countries;
(2) build the capacity of foreign governments and civil societies to prevent and respond to violence against women and girls;
(3) ensure that all private partners under this Act take appropriate steps to prevent and respond to violence against women and girls; and
(4) systematically integrate efforts to prevent and respond to violence against women and girls into United States foreign policy and foreign assistance programs.
(a) Designation.—The Secretary shall designate a senior official in the Department of State to conduct the activities of the Secretary under this subtitle.
(b) Duties.—The Secretary’s designee shall work with the Assistant Secretary for Democracy, Human Rights, and Labor, the Ambassador-at-Large for Global Women’s Issues, and the heads of other of relevant bureaus and offices of the Department of State and other Federal agencies to—
(1) prepare the comprehensive international strategy required under section 3203;
(2) collect and analyze data about violence against women and girls internationally; and
(3) compile and disseminate information about effective methods of prevention and response, including through the preparation of public reports.
(1) develop a comprehensive, 5-year international strategy to prevent and respond to violence against women and girls internationally;
(2) submit the strategy developed under paragraph (1) to the appropriate congressional committees; and
(3) make the strategy available to the public.
(1) Federal agencies with expertise preventing and responding to violence against women and girls or administering international programs;
(2) the Senior Policy Operating Group on Trafficking in Persons; and
(3) representatives of civil society organizations with demonstrated experience in combating violence against women and girls or promoting women’s health or women’s development issues internationally.
(1) identify 5 to 20 countries with significant levels of violence against women and girls, including within displaced communities, that have the government or nongovernment organizational capacity to manage and implement gender-based violence prevention and response program activities;
(2) include individual, comprehensive plans for prevention and response in each of the countries identified under paragraph (1) (hereafter in this chapter referred to as “country plans”);
(3) estimate the resource requirements for carrying out each country plan, including the proposed sources of funding and amounts to be contributed by or sought from partner countries and other public and private donors;
(4) specify the roles and responsibilities of each Federal agency in carrying out the strategy;
(5) ensure that the country plans are integrated with Country Development Cooperation Strategies required under section 1018 and action plans for human rights and democracy required under section 3103, as appropriate;
(6) explain the mechanisms and processes for consultation and coordination with partner countries and other public and private donors in all stages of planning and implementation of each country plan; and
(7) describe the monitoring and evaluation mechanisms to be used for each country plan.
(1) Enhancing the capacity of the health sector to prevent and respond to violence against women and girls.
(2) Developing and enforcing civil and criminal legal and judicial sanctions, protections, training, and capacity.
(3) Supporting efforts to change social norms and attitudes so that violence against women and girls is neither condoned nor tolerated.
(4) Expanding access of women and girls to quality education.
(5) Increasing economic opportunities for women, including through access to credit, vocational training, property ownership, and inheritance rights.
(a) In general.—The Secretary and the Administrator are authorized to use funds made available for economic assistance to carry out the comprehensive international strategy and country plans developed under section 3203 and to conduct research and collect and analyze data in accordance with section 3202.
(b) Coordination of assistance.—The Secretary and the Administrator shall seek to ensure that programs, projects, and activities carried out under this subtitle are coordinated with related programs, projects, and activities carried out under other provisions of law.
In this subtitle:
(1) PREVENTION AND RESPONSE.—The term “prevention and response” means activities designed to prevent and respond to violence against women and girls.
(2) VIOLENCE AGAINST WOMEN AND GIRLS.—The term “violence against women and girls”means any act of violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering to women or girls, including threats of such acts, coercion, or arbitrary deprivations of liberty, whether occurring in public or private life.
Congress finds the following:
(1) Human security depends upon the existence of a system under which citizens are protected against arbitrary and abusive use of power, law and order are consistently maintained, and justice is effectively administered.
(2) The rule of law must be carried out in accordance with international human rights standards, which include the equality and accountability of all individuals before the law regardless of political or social status; the protection of individuals against arbitrary or discriminatory treatment by, or with the acquiescence of, the government; the independence of the judiciary and the legal profession from other branches of government; the professional maintenance of law and order; and the transparent and fair administration of justice.
(3) Responsible and effective criminal justice systems not only build the foundations for democracy and economic growth in developing countries, but also help to stem illicit activities, such as drug trafficking and terrorism, that threaten United States national interests.
(4) Provision of rule of law assistance to foreign police and security forces is an inherently governmental function, which should be performed by, or under the direct supervision of, United States Government employees.
(A) if such agencies have demonstrated a commitment to improving protection of the security, human rights and dignity of the civilian population;
(B) within the context of a comprehensive program to strengthen the rule of law and improve the administration of justice; and
(C) in conjunction with a system to monitor and evaluate the impact of such advice, training, and equipment.
(a) Establishment.—The President shall establish a Global Rule of Law Policy Committee (hereafter in this section referred to as the “Committee”), to include the Secretary of State, the Attorney General, the Secretary of Homeland Security, the Secretary of the Treasury, the Secretary of Defense, the Administrator, and the heads of other Federal agencies engaged in rule of law assistance.
(b) Purpose.—The purpose of the Committee shall be to promote coordination among Federal agencies carrying out rule of law assistance and to build capacity to provide such assistance effectively.
(c) Review.—The Committee shall have the authority to review any proposed legislative or legal advice to be provided by private contractors to foreign law enforcement agencies.
(1) building capacity within the United States Government to provide expert, long-term advice and training for foreign civilian law enforcement agencies and judicial systems;
(2) utilizing such capacity currently existing within other donor countries and international and nongovernmental organizations;
(3) delineating the roles and responsibilities of each Federal agency in carrying out rule of law assistance;
(4) establishing general policies and principles guiding the provision of rule of law assistance; and
(5) ensuring policy and program coordination among Federal agencies carrying out rule of law assistance.
(e) Transmission to congress.—The coordination plan required under subsection (d) shall be transmitted to the appropriate congressional committees and made publicly available on the Internet.
(f) Definition.—In this section, the term “rule of law assistance” means assistance under this or any other Act to combat crime, improve law enforcement, and strengthen the administration of justice in a foreign country, including assistance under sections 1803, 3303, and 5203.
(1) protect the safety and security of civilian populations, including through community policing;
(2) promote respect for human rights and due process of law;
(3) prevent and respond to violence against women and girls;
(4) reduce organized crime, corruption, and financial crimes;
(5) carry out investigative and forensic functions;
(6) bring penal institutions into conformity with international humanitarian standards;
(7) develop training curricula;
(8) manage human and financial resources and carry out administrative functions, including internal discipline procedures;
(9) conduct strategic planning and institutional reform consistent with civilian democratic control;
(10) institute effective mechanisms for accountability and oversight;
(11) develop constructive relationships with the communities they serve;
(12) prevent disputes from escalating into violence;
(13) respond appropriately and effectively in disasters and emergencies;
(14) control and protect land, air and maritime borders, and enforce customs;
(15) participate in international peace support operations;
(16) monitor and enforce sanctions regimes;
(17) detect and interdict trafficking in persons, weapons, narcotics, and other contraband;
(18) conduct maritime law enforcement and border control; and
(19) combat terrorism and violent extremism.
(1) revision and modernization of legal codes and procedures;
(2) improving transparency and efficiency of judicial processes;
(3) professional training, scholarships, and exchanges of lawyers, judges, and other judicial officials;
(4) building administrative and financial management capacity in the justice sector;
(5) programs to enhance protection of witnesses and participants in judicial cases;
(6) strengthening professional organizations in order to promote services to members and the role of the bar in judicial selection, enforcement of ethical standards, and legal reform;
(7) increasing the availability of legal materials and publications;
(8) developing systems to ensure competent defense of indigent clients charged with crimes;
(9) enhancing access of crime victims to legal information and services; and
(10) programs to strengthen respect for the rule of law and internationally recognized human rights.
(1) the President determines, and reports to the appropriate congressional committees not less than 15 days in advance of providing such assistance, that such agency has demonstrated a commitment to improving protection of the security, human rights, and dignity of the civilian population;
(2) the assistance will be used to strengthen democratic control over the police or prison authority or to improve adherence to international human rights standards; and
(3) such agency is not otherwise prohibited by any provision of this Act from receiving assistance.
(d) Accountability.—The Comptroller General of the United States shall, not later than 1 year after the date of the enactment of this Act, conduct a review of the effectiveness and results of rule of law programs supported by the United States Government over the prior 5-year period, including their outcomes for human rights, in order to determine best practices and lessons learned for future programming.
(1) PROHIBITION ON EFFECTING AN ARREST.—No officer or employee of the United States may directly effect an arrest in any foreign country as part of any foreign police action, notwithstanding any other provision of law.
(2) PARTICIPATION IN ARREST ACTIONS.—Paragraph (1) does not prohibit an officer or employee of the United States, with the approval of the United States chief of mission, from being present when foreign officers are effecting an arrest or from assisting foreign officers who are effecting an arrest.
(3) EXCEPTION FOR EXIGENT, THREATENING CIRCUMSTANCES.—Paragraph (1) does not prohibit an officer or employee from taking direct action to protect life or safety if exigent circumstances arise which are unanticipated and which pose an immediate threat to United States officers or employees, officers or employees of a foreign government, or members of the public.
(4) EXCEPTION FOR MARITIME LAW ENFORCEMENT.—With the agreement of a foreign country, paragraph (1) does not apply with respect to maritime law enforcement operations in the territorial sea or archipelagic waters of that country.
(5) EXCEPTION FOR STATUS OF FORCES ARRANGEMENTS.—This subsection does not apply to the activities of the United States Armed Forces in carrying out their responsibilities under applicable status of forces arrangements.
In this subtitle, the term “foreign law enforcement agency” means an agency—
(1) with domestic arrest powers;
(2) responsible for internal security, including the protection of life and property; and
(3) that does not report to a defense ministry or similar or related entity of a foreign government and is not a military force.
Congress finds that—
(1) the Trafficking Victims Protection Act of 2000 (Public Law 106–386) and subsequent reauthorization Acts establish a comprehensive framework for monitoring and combating human trafficking, including that of children;
(2) under the Trafficking Victims Protection Act of 2000, the Secretary annually identifies countries that do not comply with minimum standards for the elimination of trafficking, some of which are making significant efforts to bring themselves into compliance;
(3) additional incentives should be provided to encourage countries to protect and rescue children subjected to severe forms of trafficking or sexual exploitation; and
(A) have a significant prevalence of trafficking in children;