[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5517 Referred in Senate (RFS)]

<DOC>
116th CONGRESS
  2d Session
                                H. R. 5517


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2020

Received; read twice and referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 AN ACT


 
  To affirm the friendship of the governments of the United States of 
    America and the Republic of India, and to establish a bilateral 
partnership for collaboration to advance development and shared values, 
                        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 ``Gandhi-King Scholarly Exchange 
Initiative Act''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) The peoples of the United States and India have a long 
        history of friendship and the interests of the peoples of the 
        United States, India, and the world will benefit from a 
        stronger United States-India partnership.
            (2) Mohandas Karamchand Gandhi and Martin Luther King, Jr., 
        were dedicated leaders fighting for social justice and social 
        change, peace, and civil rights in their respective 
        communities, and countries and in the world.
            (3) The use of nonviolent civil disobedience is a shared 
        tactic that has played a key role in defeating social injustice 
        in India, the United States, and in other parts of the world.
            (4) Mohandas Gandhi, who was born on October 2, 1869, was 
        murdered on January 30, 1948, after dedicating his life to the 
        peaceful empowerment of the people of India and to the end of 
        British colonial rule.
            (5) Martin Luther King, Jr., who was born on January 15, 
        1929, was murdered on April 4, 1968, after a life dedicated to 
        peaceful movements against segregation, discrimination, racial 
        injustice, and poverty.
            (6) In February 1959, Dr. King and his wife, Coretta Scott 
        King, traveled throughout India. By the end of his monthlong 
        visit, Dr. King said, ``I am more convinced than ever before 
        that the method of nonviolent resistance is the most potent 
        weapon available to oppressed people in their struggle for 
        justice and human dignity.''.
            (7) Fifty years after Dr. King's visit, All India Radio, 
        the national radio station of India, discovered a taped message 
        by Dr. King that emphasized the intellectual harmony between 
        the messages of Dr. King and Mohandas Gandhi on nonviolent 
        social action.
            (8) On August 22, 2011, the Dr. Martin Luther King, Jr., 
        National Memorial opened to the public in Washington, DC. This 
        newest memorial on the National Mall pays tribute to Dr. King's 
        national and international contributions to world peace through 
        nonviolent social change.
            (9) The 116th Congress coincides with both the 150th birth 
        anniversary of Mohandas Gandhi and the 90th birth anniversary 
        of Dr. Martin Luther King, Jr.
            (10) Mohandas Gandhi, who employed the principle of 
        satyagraha, or ``fighting with peace'', has come to represent 
        the moral force inspiring many civil and social rights movement 
        around the world.
            (11) Dr. King's effective use of Gandhi's principles was 
        instrumental to the American civil rights movement.
            (12) There is a long history of civil and social rights 
        movements in the United States and in India. As the 
        relationship between the United States and India evolves, a 
        binational foundation through which the governments of each 
        country can work together and catalyze private investment 
        toward development objectives would provide an ongoing, 
        productive institution and symbol of the friendship and common 
        ideals of the respective governments and their peoples.
            (13) There is a global goal of ending tuberculosis by 2030, 
        the United States and India seek a TB-Free India by 2025, and 
        the United States-India Gandhi-King Foundation will help 
        address gaps across the TB value chain in prevention, 
        detection, diagnosis, and treatment, and would catalyze market-
        based strategies to bridge the service gap for the ``last 
        mile''.
            (14) Leaders in both countries belonging to both major 
        political parties have prioritized the United States-India 
        relationship and on a bipartisan basis continue to support a 
        strengthened United States-India partnership, recognizing that 
        it will be one of the defining partnerships of the 21st 
        century.

SEC. 3. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE.

    In order to further the shared ideals and values of Mohandas Gandhi 
and Martin Luther King, Jr, the Secretary of State shall establish, in 
cooperation with the appropriate representatives of the Government of 
India, a professional exchange program known as the ``Gandhi-King 
Scholarly Exchange Initiative''. The initiative should be comprised of 
the following:
            (1) An annual educational forum for scholars from the 
        United States and India that focuses on the social justice and 
        human and civil rights legacies of Mohandas Gandhi and Martin 
        Luther King, Jr., which shall--
                    (A) be held alternately in the United States and in 
                India;
                    (B) include representatives from governments, 
                nongovernmental organizations, civic organizations, and 
                educational, cultural, women's, civil, and human rights 
                groups, including religious and ethnic minorities and 
                marginalized communities; and
                    (C) focus on studying the works of Gandhi and King, 
                and applying their philosophies of nonviolent 
                resistance to addressing current issues, including 
                poverty alleviation, conflict mitigation, human and 
                civil rights challenges, refugee crises, and threats to 
                democracy and democratic norms in countries around the 
                world.
            (2) An undergraduate, graduate, and post-graduate student 
        exchange for students in the United States and India to--
                    (A) study the history and legacies of Martin Luther 
                King, Jr., and Mohandas Gandhi;
                    (B) visit historic sites in India and the United 
                States that were integral to the American civil rights 
                movement and the Indian independence movement; and
                    (C) research and develop papers on the importance 
                of peace, nonviolence, and reconciliation in current 
                conflict regions.

SEC. 4. GANDHI-KING GLOBAL ACADEMY.

    (a) In General.--The president and chief executive officer of the 
United States Institute of Peace shall create a professional 
development training initiative on conflict resolution tools based on 
the principles of nonviolence. Such training initiative shall be known 
as the Gandhi-King Global Academy and shall--
            (1) target representatives from governments, 
        nongovernmental organizations, civic organizations, and 
        educational, cultural, women's, civil, and human rights groups, 
        including religious and ethnic minorities and marginalized 
        communities in countries with ongoing political, social, 
        ethnic, or violent conflict;
            (2) include a specific focus on the success of nonviolent 
        movements, inclusion, and representation in conflict 
        resolution;
            (3) develop a curriculum on conflict resolution tools based 
        on the principles of nonviolence; and
            (4) make the curriculum publicly available online, in 
        person, and through a variety of media.
    (b) Prohibition.--The United States Institute of Peace may not, in 
the course of any activity authorized by subsection (a), enter into any 
contract with an outside entity to conduct advocacy on its behalf.

SEC. 5. ESTABLISHMENT OF THE UNITED STATES-INDIA GANDHI-KING 
              DEVELOPMENT FOUNDATION.

    (a) Establishment.--The Administrator of the United States Agency 
for International Development (USAID), with the concurrence of the 
Secretary of State and in coordination with appropriate counterparts in 
the Government of India, is authorized to establish, on such terms and 
conditions as are determined necessary and notwithstanding any other 
provision of law, one or more legal entities to compose the United 
States-India Gandhi-King Development Foundation (in this section 
referred to as the ``Foundation''). Each such legal entity within the 
Foundation shall be organized under the laws of India and shall not be 
considered to be an agency or establishment of the United States 
Government and shall not have the full faith and credit of the United 
States.
    (b) Functions.--The Foundation, through one or more entities 
referred to in subsection (a)--
            (1) shall identify development priorities and administer 
        and oversee competitively-awarded grants to private 
        nongovernmental entities to address such priorities in India, 
        including--
                    (A) health initiatives addressing tuberculosis 
                (TB), water, sanitation, and health (WASH), and 
                pollution and related health impacts (PHI);
                    (B) pollution, plastic waste reduction, and 
                climate-related shocks;
                    (C) education; and
                    (D) empowerment of women;
            (2) should provide credible platforms and models, including 
        returnable capital to attract and blend public and private 
        capital, which can then be deployed efficiently and effectively 
        to address the priorities identified in paragraph (1).
    (c) Additionality.--
            (1) In general.--Before an entity within the Foundation 
        makes a grant under subsection (b)(1) to address a priority 
        identified under such subsection, the Foundation shall ensure 
        that private sector entities are afforded an opportunity to 
        support the projects funded by such grants.
            (2) Safeguards, policies, and guidelines.--The Foundation 
        shall develop appropriate safeguards, policies, and guidelines 
        to ensure that grants made under subsection (b)(1) operate 
        according to internationally recognized best practices and 
        standards.
    (d) Limitations.--No party receiving a grant made under subsection 
(b)(1) may receive such grant in an amount that is more than five 
percent of amounts appropriated or otherwise made available under 
section 7(a)(3) to the entity in the Foundation making such grant.
    (e) Governing Council.--
            (1) Purpose.--The Government of the United States and the 
        Government of India shall convene a Governing Council to 
        provide guidance and direction to the Foundation.
            (2) Appointment of members.--The Administrator of the 
        United States Agency for International Development, with the 
        concurrence of the Secretary of State, shall appoint a majority 
        of the Governing Council of the Foundation for a period of five 
        years following the establishment of the Foundation.
            (3) Charter.--The Governing Council of the Foundation shall 
        adopt a charter for the operation of the Foundation, which 
        shall include provisions to--
                    (A) identify development priorities or a process to 
                identify development priorities;
                    (B) define criteria for application, merit review, 
                and awarding of grants by the Foundation;
                    (C) establish an annual organization-wide audit by 
                an independent auditor in accordance with generally 
                accepted auditing standards, the results of which shall 
                be made immediately available to the Board, the 
                Administrator of the United States Agency for 
                International Development, and the appropriate 
                Government of India counterpart;
                    (D) assist in the creation of project specific 
                timetables for each of the projects funded by a grant 
                from the Foundation;
                    (E) establish an oversight role and march-in audit 
                rights for the Administrator of the United States 
                Agency for International Development and the 
                appropriate Government of India counterpart; and
                    (F) establish an annual report on the activities of 
                the Foundation to be made publicly available.
    (f) Publicly Available Project Information.--The Foundation shall 
maintain a user-friendly, publicly available, machine readable database 
with detailed project level information, as appropriate and to the 
extent practicable, including a description of the grants made by the 
Foundation under this section and project level performance metrics.
    (g) Detail of United States Government Personnel to the 
Foundation.--
            (1) In general.--Whenever the Administrator of the United 
        States Agency for International Development or the Secretary of 
        State determines it to be in furtherance of the purposes of 
        this Act, the Administrator and the Secretary are authorized to 
        detail or assign any officer or employee of the Agency or the 
        Department, respectively, to any position in the Foundation to 
        provide technical, scientific, or professional assistance to 
        the Foundation or, in cooperation with the Foundation, to 
        implementing partners of the Foundation, without reimbursement 
        to the United States Government.
            (2) Status.--Any United States Government officer or 
        employee, while detailed or assigned under this subsection, 
        shall be considered, for the purpose of preserving their 
        allowances, privileges, rights, seniority, and other benefits 
        as such, an officer or employee of the United States Government 
        and of the agency of the United States Government from which 
        detailed or assigned, and shall continue to receive 
        compensation, allowances, and benefits from program funds 
        appropriated to that agency or made available to that agency 
        for purposes related to the activities of the detail or 
        assignment, in accordance with authorities related to their 
        employment status and agency policies.
            (3) Sunset.--The authorities provided under this subsection 
        shall terminate on the date that is five years after the 
        establishment of the Foundation.

SEC. 6. REPORTING REQUIREMENTS.

    (a) Initial Reports.--Not later than 120 days after the date of the 
enactment of this Act--
            (1) the Secretary of State shall submit to the Committee on 
        Foreign Affairs and the Committee on Appropriations of the 
        House of Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate a report on 
        the Secretary of State's plan to establish the initiative 
        authorized under section 3;
            (2) the president and chief executive officer of the United 
        States Institute of Peace shall submit to the Committee on 
        Foreign Affairs and the Committee on Appropriations of the 
        House of Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate a report on 
        the president and chief executive officer's plan to establish 
        the initiative authorized under section 4; and
            (3) the Administrator of the United States Agency for 
        International Development shall submit to the Committee on 
        Foreign Affairs and the Committee on Appropriations of the 
        House of Representatives and the Committee on Foreign Relations 
        and the Committee on Appropriations of the Senate a report on 
        the Administrator's plan to establish, not later than 180 days 
        after the date of the enactment of this Act, the organization 
        authorized under section 5.
    (b) Periodic Updates.--Upon the request of the committees specified 
in subsection (a), the Secretary of State, president and chief 
executive officer of the United States Institute of Peace, and 
Administrator of the United States Agency for International Development 
shall submit to such committees an update on the progress in 
implementing each of the initiatives or establishing the organization 
referred to in such subsection.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out--
            (1) section 3, up to $1,000,000 for each of fiscal years 
        2021 through 2025 to the Secretary of State
            (2) section 4, up to $2,000,000 for fiscal year 2021 to the 
        United States Institute of Peace;
            (3) section 5, up to $30,000,000 for fiscal year 2021 to 
        the Administrator of the United States Agency for International 
        Development; and
            (4) section 5, up to $15,000,000 for each of fiscal years 
        2022 through 2025, if the private sector in India commits 
        amounts equal to that contributed by the United States.
    (c) Sense of Congress on Foreign Assistance Funds.--It is the sense 
of Congress that the authorization of appropriations under subsection 
(a) should be renewable for one or more periods of not more than 5 
years if the Secretary of State, in consultation with the Administrator 
of the United States Agency for International Development, determines 
that the Foundation's work is successful in addressing the priorities 
identified in section 5(b)(1) and that the private sector in India has 
committed funds to the Foundation in accordance with subsection (a)(4).

            Passed the House of Representatives December 3, 2020.

            Attest:

                                             CHERYL L. JOHNSON,

                                                                 Clerk.