[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1062 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 1062

    To amend the Foreign Assistance Act of 1961 to provide for the 
establishment and implementation of a system to verify that persons who 
receive United States foreign assistance funds are not affiliated with 
 or do not support foreign terrorist organizations or do not otherwise 
   commit or support acts of international terrorism, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2009

Ms. Ros-Lehtinen (for herself, Mr. McCotter, Mr. Burton of Indiana, Mr. 
 Wilson of South Carolina, Mr. Boozman, Mr. Mack, Mr. Rohrabacher, Mr. 
 Poe of Texas, Mr. Inglis, Mr. Bilirakis, Mr. Gallegly, Mr. Goodlatte, 
Mr. Sam Johnson of Texas, Ms. Foxx, Mrs. Myrick, Mr. Miller of Florida, 
  Mr. Lamborn, Ms. Fallin, and Mrs. Lummis) introduced the following 
      bill; which was referred to the Committee on Foreign Affairs

_______________________________________________________________________

                                 A BILL


 
    To amend the Foreign Assistance Act of 1961 to provide for the 
establishment and implementation of a system to verify that persons who 
receive United States foreign assistance funds are not affiliated with 
 or do not support foreign terrorist organizations or do not otherwise 
   commit or support acts of international terrorism, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``United States Foreign Assistance 
Partner Vetting System Act of 2009''.

SEC. 2. FINDINGS; SENSE OF CONGRESS; STATEMENT OF POLICY.

    (a) Findings.--Congress finds that--
            (1) current measures to ensure the vetting of recipients 
        and subrecipients to ensure that United States foreign 
        assistance is not distributed to persons who are affiliated 
        with or support foreign terrorist organizations or who 
        otherwise commit or support acts of international terrorism are 
        insufficient to secure the interests and citizens of the United 
        States at home and abroad;
            (2) it has been reported that the United States Agency for 
        International Development has previously disbursed foreign 
        assistance funds to the Hamas-linked Islamic University in 
        Gaza, where Palestinian police had arrested five Iranians who 
        were allegedly making rockets and explosives;
            (3) it has been reported that in 2006 the United States 
        Agency for International Development gave $2,300,000 in aid to 
        Al-Quds University, which is linked to the Hamas terrorist 
        organization and had held celebrations in honor of the man 
        credited with designing and building the first suicide bomb 
        belts;
            (4) in 2006, the United States Embassy in Bosnia discovered 
        that a recipient of grant assistance from the United States 
        Agency for International Development in Bosnia had been on a 
        terrorism ``watch list'' since May 1997;
            (5) it has been reported that the United States Agency for 
        International Development distributed aid to a man in Pakistan 
        who was later sentenced to four years in prison for making 
        false statements regarding his ties to a follower of Osama bin 
        Laden, the leader of the terrorist group known as Al-Qaeda;
            (6) it has been reported that the United States Agency for 
        International Development distributed funds to the Islamic 
        American Relief Agency, a domestic charity which was later 
        identified by the Department of the Treasury as a specially 
        designated global terrorist organization that had engaged in 
        transactions for the benefit of terrorists affiliated with Al-
        Qaeda and the Taliban;
            (7) measures to prevent the territory, resources, and 
        financial services of the United States from being used to 
        commit terrorist acts and to protect them from such acts should 
        include a system for the vetting of recipients and 
        subrecipients to ensure that United States foreign assistance 
        is not distributed to persons who are affiliated with or 
        support foreign terrorist organizations or who otherwise commit 
        or support acts of international terrorism; and
            (8) an inspector general's audit of USAID West Bank/Gaza, 
        monitoring the implementation of Executive Order 13324 
        (relating to blocking property and prohibiting transactions 
        with persons who commit, threaten to commit, or support acts of 
        international terrorism), revealed that improved vetting 
        procedures, and the consistent use of antiterrorism clauses and 
        certifications would effectively safeguard United States 
        foreign assistance funding distributed through the United 
        States Agency for International Development from reaching 
        persons who are affiliated with or support foreign terrorist 
        organizations or who otherwise commit or support acts of 
        international terrorism.
    (b) Sense of Congress.--It is the sense of Congress that--
            (1) combating the financing of acts of international 
        terrorism is essential to safeguarding the interests of the 
        territory of the United States, its citizens, and its interests 
        abroad;
            (2) threats of acts of international terrorism committed by 
        foreign terrorists, including the terrorist attacks committed 
        on September 11, 2001, in New York and Pennsylvania and against 
        the Pentagon, acts recognized and condemned in United Nations 
        Security Council Resolutions 1269 (October 19, 1999) and 1368 
        (September 12, 2001), and the continuing and immediate threat 
        of further attacks on United States citizens and the United 
        States constitute a threat to United States national security;
            (3) the Secretary of State should certify that United 
        States foreign assistance is secured from disbursement to 
        persons who are affiliated with or support foreign terrorist 
        organizations or who otherwise commit or support acts of 
        international terrorism; and
            (4) securing United States taxpayer funds from disbursement 
        to persons who are affiliated with or support foreign terrorist 
        organizations or who otherwise commit or support acts of 
        international terrorism requires--
                    (A) a system for the vetting of persons and 
                entities that are receiving or administering United 
                States foreign assistance funds to ensure that such 
                persons and entities are not affiliated with or do not 
                support foreign terrorist organizations or do not 
                otherwise commit or support acts of international 
                terrorism;
                    (B) certifications by persons and entities 
                receiving or administering United States foreign 
                assistance funds that such persons and entities will 
                not commit or support acts of international terrorism; 
                and
                    (C) inclusion of antiterrorism clauses in 
                contracts, grants, and cooperative agreements.
    (c) Statement of Policy.--It is the policy of the United States to 
protect the people, property, and territory of the United States 
against acts of international terrorism through the implementation of a 
system to verify that persons who receive United States foreign 
assistance funds do not commit or support acts of international 
terrorism.

SEC. 3. VETTING SYSTEM FOR UNITED STATES FOREIGN ASSISTANCE.

    Part III of the Foreign Assistance Act of 1961 (22 U.S.C. 2351 et 
seq.) is amended by adding at the end the following new chapter:

    ``CHAPTER 4--VETTING SYSTEM FOR UNITED STATES FOREIGN ASSISTANCE

``SEC. 671. DEFINITIONS.

    ``In this chapter:
            ``(1) Act of international terrorism.--The term `act of 
        international terrorism' means an act--
                    ``(A) which is violent or dangerous to human life, 
                property, or infrastructure; and
                    ``(B) which appears to be intended--
                            ``(i) to intimidate or coerce a civilian 
                        population;
                            ``(ii) to influence the policy of a 
                        government by intimidation or coercion; or
                            ``(iii) to affect the conduct of a 
                        government by mass destruction, assassination, 
                        kidnapping, or hostage-taking.
            ``(2) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(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.
            ``(3) Foreign terrorist organization.--The term `foreign 
        terrorist organization' means an organization designated as a 
        foreign terrorist organization by the Secretary of State in 
        accordance with section 219(a) of the Immigration and 
        Nationality Act (8 U.S.C. 1189(a)).
            ``(4) Person.--The term `person' means any individual, 
        organization, or other private or government entity, and 
        includes a partnership, institution, association, corporation, 
        or other organization, group, or subgroup.
            ``(5) Person who receives united states foreign assistance 
        funds.--The term `person who receives United States foreign 
        assistance funds' means a person who is a grantee, subgrantee, 
        contractor, subcontractor, awardee or sub-awardee, or any other 
        person, including international organizations, as determined by 
        the Secretary of State, who is receiving United States foreign 
        assistance funds.
            ``(6) Support.--The term `support' means, with respect to 
        an act of international terrorism, the provision of material 
        support or resources, including by means of currency or 
        monetary instruments or financial securities, financial 
        services, lodging, safehouses, false documentation or 
        identification, communications equipment, facilities, weapons, 
        lethal substances, explosives, transportation, and other 
        physical assets, but such term does not include the provision 
        of medicine or religious materials.
            ``(7) United states foreign assistance.--The term `United 
        States foreign assistance' means--
                    ``(A) assistance authorized under this Act;
                    ``(B) assistance authorized under the FREEDOM 
                Support Act (22 U.S.C. 5801 et seq.), the Support for 
                East European Democracy (SEED) Act of 1989 (22 U.S.C. 
                5401 et seq.), the Afghanistan Freedom Support Act of 
                2002 (22 U.S.C. 7501 et seq.), the United States 
                Leadership Against HIV/AIDS, Tuberculosis, and Malaria 
                Act of 2003 (22 U.S.C. 7601 et seq.), the Millennium 
                Challenge Act of 2003 (22 U.S.C. 7701 et seq.); and
                    ``(C) assistance authorized under any other 
                provision of law that is classified under International 
                Affairs Budget Function 150 for bilateral economic 
                assistance administered by the Department of State or 
                the United States Agency for International Development 
                or for assistance provided through the Overseas Private 
                Investment Corporation or the Trade and Development 
                Agency.

``SEC. 672. PROHIBITION ON UNITED STATES FOREIGN ASSISTANCE.

    ``For fiscal year 2010 and each subsequent fiscal year, United 
States foreign assistance funds may not be provided to persons who are 
affiliated with or support foreign terrorist organizations or who 
otherwise commit or support acts of international terrorism, as 
determined pursuant to the vetting system established under section 
673.

``SEC. 673. VETTING SYSTEM TO ENSURE UNITED STATES FOREIGN ASSISTANCE 
              IS NOT USED FOR TERRORIST ACTIVITIES.

    ``(a) Establishment of System.--Not later than June 30, 2010, the 
Secretary of State, in consultation with the Administrator of the 
United States Agency for International Development, shall establish and 
implement in accordance with the requirements of this section a system 
to verify that persons who receive United States foreign assistance 
funds are not affiliated with or do not support foreign terrorist 
organizations or do not otherwise commit or support acts of 
international terrorism.
    ``(b) Elements of System.--The system required under subsection (a) 
shall contain the following elements:
            ``(1) Collection of information.--
                    ``(A) In general.--Collection of the information 
                described in subparagraph (B) with respect to persons 
                who receive United States foreign assistance, including 
                individuals who are directors, officers, or other 
                officials, or are otherwise employed by such person for 
                the specific project for which the person is applying 
                for funding.
                    ``(B) Information described.--The information 
                referred to in subparagraph (A) includes the name, date 
                of birth, place of birth, country of origin, Social 
                Security Number or other identification type or number, 
                nationality, residential address, mailing address, 
                phone number, electronic mail (e-mail) address, and 
                organizational affiliations of the personnel.
                    ``(C) Exception.--The Secretary of State may modify 
                the type and amount of information collected from non-
                United States persons who receive United States foreign 
                assistance pursuant to this paragraph if collection of 
                all or part of the information described in 
                subparagraph (B) with respect to the personnel of such 
                person is impracticable due to a lack of local 
                administrative resources or facilities resulting in--
                            ``(i) a lack of official records from which 
                        identifying information might be collected or 
                        verified; or
                            ``(ii) deficiencies in official records 
                        from which identifying information might be 
                        collected or verified.
            ``(2) Vetting of information.--Vetting of information 
        collected under paragraph (1) against appropriate United States 
        Government databases to ensure that persons who receive United 
        States foreign assistance--
                    ``(A) are not affiliated with or do not support 
                foreign terrorist organizations; or
                    ``(B) do not otherwise commit or support acts of 
                international terrorism.
            ``(3) Certification by person.--Certification by persons 
        who receive United States foreign assistance funds that such 
        persons are not affiliated with or do not support foreign 
        terrorist organizations or do not otherwise commit or support 
        acts of international terrorism and that such persons have 
        taken all reasonable steps to ensure that persons employed by 
        such persons for the specific project for which such persons 
        are applying for funding are not affiliated with or do not 
        support foreign terrorist organizations or do not otherwise 
        commit or support acts of international terrorism.
            ``(4) Administrative provisions.--Administrative provisions 
        to ensure that contracts, grants, cooperative agreements, or 
        any other similar instruments contain provisions specifying the 
        obligations under this chapter of persons who receive United 
        States foreign assistance funds.
    ``(c) Review by Comptroller General.--
            ``(1) In general.--The Comptroller General of the United 
        States shall carry out an annual review of the use of United 
        States foreign assistance funds to ensure compliance with the 
        requirements of this section. The Secretary of State, the 
        Administrator of the United States Agency for International 
        Development, and the heads of other United States Government 
        departments and agencies who receive or administer United 
        States foreign assistance funding shall make available to the 
        Comptroller General all relevant documents, records, and other 
        information, as appropriate, for purposes of carrying out the 
        review.
            ``(2) Report.--Not later than June 30, 2011, and June 30, 
        2012, the Comptroller General of the United States shall submit 
        to the appropriate congressional committees a report on the 
        findings of the review carried out under paragraph (1). The 
        report shall be submitted in unclassified form, but may contain 
        a classified annex, if appropriate.
    ``(d) Report.--Not later January 1, 2011, and annually thereafter, 
the Secretary of State, in consultation with the Administrator for the 
United States Agency for International Development, shall submit to the 
appropriate congressional committees a report describing the status of 
the implementation of this section, including an assessment of the 
effectiveness of the vetting procedures under this section and 
recommendations for improvements and comparisons with best practices. 
The report required under this subsection shall be submitted in 
conjunction with the annual budget request submitted by the President 
to Congress under section 1105 of title 31, United States Code.

``SEC. 674. INFORMATION AND PROCEDURAL SAFEGUARDS RELATING TO DENIALS 
              OF UNITED STATES FOREIGN ASSISTANCE.

    ``(a) In General.--The Secretary of State shall ensure that persons 
who are denied United States foreign assistance funds, as determined 
pursuant to the vetting system established under section 673, are 
provided the information and afforded the procedural safeguards 
described in subsection (b).
    ``(b) Information and Procedural Safeguards.--A person referred to 
in subsection (a) shall be--
            ``(1) provided as comprehensive and detailed a written 
        explanation of the basis for the determination as the national 
        security interests of the United States and other applicable 
        law permit;
            ``(2) provided a reasonable opportunity to reply in writing 
        to the determination, and to request a review of the 
        determination by the panel described in paragraph (4) of this 
        subsection;
            ``(3) provided written notice of and reasons for the 
        results of the review, the identity of the deciding authority, 
        and written notice of the right to appeal to the panel 
        described in paragraph (4) of this subsection;
            ``(4) provided an opportunity to appeal in writing to a 
        panel, appointed by the Secretary of State, which shall be 
        comprised of at least three members, who are qualified for 
        access to all information upon which this determination is 
        based through appropriate clearance procedures, and the 
        decisions of which shall be in writing; and
            ``(5) provided an opportunity to appear personally and to 
        present relevant documents, materials, and information before 
        the panel described in paragraph (4) of this subsection.
    ``(c) No Private Cause of Action.--Nothing in this section shall be 
construed to create a private cause of action for damages or injunctive 
relief.
    ``(d) Regulations; Additional Review Proceedings.--The Secretary of 
State and the Administrator of the United States Agency for 
International Development shall promulgate regulations to implement 
this section and, at their sole discretion and as resources and 
national security considerations permit, may provide additional review 
proceedings beyond those required under subsection (a).
    ``(e) Special Certification To Modify Procedural Safeguards.--If 
the Secretary of State certifies to the appropriate congressional 
committees that a procedure set forth in this section cannot be made 
available in a particular case without damaging the national security 
interests of the United States by revealing classified information, the 
procedure shall not be made available in such case.
    ``(f) Compliance With Freedom of Information Act and Privacy Act 
Requirements.--
            ``(1) In general.--Records in the system of records 
        maintained for purposes of this chapter shall be made available 
        only in accordance with section 552 of title 5, United States 
        Code (commonly referred to as the `Freedom of Information 
        Act'), and section 552a of title 5, United States Code 
        (commonly referred to as the `Privacy Act'). The classification 
        of any record provided by an agency for inclusion in or use by 
        the system of records maintained for purposes of this chapter 
        shall not be modified by reason of its inclusion in or use by 
        such system of records.
            ``(2) Definitions.--In this section, the terms `agency', 
        `record', and `system of records' have the meanings given such 
        terms in section 552a(a) of title 5, United States Code.

``SEC. 675. AUDIT BY COMPTROLLER GENERAL.

    ``(a) Audit.--The Comptroller General of the United States shall 
conduct on a biennial basis an audit of the implementation of this 
chapter.
    ``(b) Report.--The Comptroller General shall submit to the 
appropriate congressional committees a report that contains the 
findings of the audit conducted under subsection (a). The report shall 
be submitted in unclassified form, but may contain a classified annex, 
if necessary.

``SEC. 676. AUTHORIZATION OF APPROPRIATIONS.

    ``To carry out this chapter, there are authorized to be 
appropriated such sums that may be necessary for fiscal year 2010 and 
each subsequent fiscal year''.
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