1.This Act may be cited as the United
States Foreign Assistance Partner Vetting
System Act of 2009
.
2.Findings; sense
of Congress; statement of policy
(a)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)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)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.
3.Vetting system for
United States foreign assistancePart 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:
4Vetting system for
United States foreign assistance
671.In this chapter:
(1)Act of
international terrorismThe 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 committeesThe 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
organizationThe 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)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 fundsThe 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)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 assistanceThe 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.
672.Prohibition on
United States foreign assistanceFor 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.
673.Vetting system
to ensure United States foreign assistance is not used for terrorist
activities
(a)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)The system required under subsection (a) shall contain the
following elements:
(1)Collection of
information
(A)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)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)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 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
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
provisionsAdministrative
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)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)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)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.
674.Information and
procedural safeguards relating to denials of United States foreign
assistance
(a)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 safeguardsA 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 actionNothing in this section shall be construed to create a
private cause of action for damages or injunctive relief.
(d)Regulations;
additional review proceedingsThe 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 safeguardsIf 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)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)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.
675.Audit by
Comptroller General
(a)The Comptroller General of the United
States shall conduct on a biennial basis an audit of the implementation of this
chapter.
(b)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.
676.Authorization
of appropriationsTo 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
.