[Senate Report 111-301]
[From the U.S. Government Publishing Office]
Calendar No. 585
111th Congress Report
SENATE
2d Session 111-301
======================================================================
FOREIGN RELATIONS AUTHORIZATION ACT,
FISCAL YEARS 2010 AND 2011
_______
September 23, 2010.--Ordered to be printed
Mr. Kerry, from the Committee on Foreign Relations,
submitted the following
REPORT
together with
MINORITY VIEWS
[To accompany S. 2971]
The Committee on Foreign Relations, having had under
consideration the bill S. 2971, to authorize certain
authorities by the Department of State, and for other purposes,
reports favorably thereon, with an amendment in the nature of a
substitute, and recommends that the bill, as amended, do pass.
CONTENTS
Page
I. Purpose..........................................................1
II. Committee Action.................................................1
III. Discussion.......................................................3
IV. Minority Views..................................................34
V. Cost Estimate...................................................35
VI. Evaluation of Regulatory Impact.................................47
VII. Changes in Existing Law.........................................47
I. Purpose
The Foreign Relations Authorization Act, Fiscal Years 2010
and 2011, authorizes funding for the Department of State,
United States international broadcasting activities, and the
Peace Corps. The bill also addresses several important regional
and functional foreign policy issues.
II. Committee Action
The Senate Foreign Relations Committee held several public
hearings this year focusing on the issues addressed in this
legislation. On February 24, 2010, Secretary of State Hillary
Clinton testified regarding the President's budget request for
international affairs. On March 10, the committee held a
hearing on the future of U.S. public diplomacy programs. In
other hearings on issues such as rebuilding Haiti, new
directions in global health, the Middle East peace process, and
the administration's global food security initiative, the
committee explored policy choices and purposes that underlie
the funding and the authorities contained in this legislation.
The committee considered S. 2971 on April 27, 2010. During
the mark-up of this legislation, several amendments were
considered:
An amendment offered by Senator Menendez to promote
minority participation in the foreign service was
agreed to by voice vote;
An amendment offered by Senator Kaufman providing a Sense
of Congress that the United States Government should
expand international broadcasting in Iran was agreed to
by voice vote;
An amendment offered by Senator Casey to an amendment
offered by Senator Wicker regarding policy with respect
to abortion was agreed to by a roll call vote of 12 to
4;
An amendment offered by Senator Wicker as amended by an
amendment offered by Senator Casey (above) passed by
voice vote;
An amendment offered by Senators Feingold and Gillibrand
regarding discrimination related to sexual orientation
was agreed to by a roll call vote of 12 to 7;
An amendment offered by Senator Webb regarding funding for
the Bureau of East Asian and Pacific Affairs was not
agreed to by a roll call vote of 5 to 14;
An amendment offered by Senator Kerry regarding amounts for
authorization was agreed to by voice vote;
Four technical amendments offered by Senators Kerry and
Lugar were agreed to by voice vote.
The committee ordered S. 2971 reported, with an amendment
in the nature of a substitute, and with the amendments noted
above, by voice vote. The amendment in the nature of a
substitute added the following provisions to the base bill:
Annual report on international religious freedom; Assistant
Secretary for International Information Programs; Reimbursement
for use of Government vehicles overseas; Transfer of the
Vietnam Education Foundation to the Department of State;
Broadcasting Board of Governors; Statement of policy regarding
citizen diplomacy; Performance-based measurement reporting
requirements for international exchange programs;
Videoconference interviews; Mass atrocities; Crisis response;
Office for Global Women's Issues; Home leave; Training support
services; Recruitment and retention of United States citizens
in international organizations; United States membership in the
International Renewable Energy Agency; Sense of Congress
relating to transparency for extractive industries; Sense of
Congress regarding Central Asia; Sense of Congress on global
Internet freedom; Global Health Initiative; and Peace Corps
Improvement and Expansion. In addition, the amendment in the
nature of a substitute changed the following provisions: United
States Advisory Commission on Public Diplomacy; Grants for
international documentary exchange programs; and Reforming
refugee processing. Finally, the amendment in the nature of a
substitute struck the following provisions from the base bill:
Passport execution fee; and Fraud prevention and detection
fees.
III. Discussion
S. 2971, the Foreign Relations Authorization Act, Fiscal
Years 2010 and 2011, represents the first time since 2005 that
the committee has reported out a full authorization bill for
the State Department. This legislation addresses challenges
that underlie the major foreign policy issues facing the United
States and emphasizes the necessity of strengthening U.S.
civilian institutions and providing diplomats and development
experts the training, capabilities and management needed to
advance critical foreign policy priorities globally.
The legislation authorizes funds to allow the U.S. to
deploy more Foreign Service Officers and provide those already
in the field with more resources. The strains of insufficient
personnel have resulted in lost opportunities for our
diplomatic corps and limited the time available for necessary
language and skills training for increasingly dangerous and
difficult work. The committee recognizes that while work in the
capitals of our traditional allies remains critical, much of
our important diplomatic work is now also done in places such
as in Beijing, Baghdad, Kabul and Islamabad, which demand
different skill sets and support resources.
Additionally, the committee affirms that U.S. diplomats
should work out of high-performance, high quality embassies
that reflect American values of openness, transparency and
innovation. U.S. diplomats should also have access to the right
type of training to prepare them for service to outlying and
difficult posts.
Finally, the committee believes that it is necessary to
establish more flexible structures within the Department to
enable it to move personnel and material to respond quickly to
emerging crises. The Foreign Relations Authorization Act
advances each of these aims and begins the process of
establishing a blueprint for a stronger Department of State.
The legislation promotes several important objectives.
First, it modernizes the State Department and builds the
capacity of U.S. diplomacy. The bill:
Authorizes vital programs and increases for the State
Department and United States Agency for International
Development (USAID) Foreign Service corps to support
key priorities around the world.
Addresses critical deficiencies in conflict prevention,
mitigation and resolution training for diplomats
deployed to conflict areas such as Afghanistan,
Pakistan, Iraq and Sudan.
Establishes an Office for Global Women's Issues, headed by
an Ambassador-at-Large, to strengthen efforts to
promote gender integration and women's and girls'
economic, social and legal development, and to prevent
and respond to violence against women and girls.
Second, S. 2971 increases accountability for our diplomatic
and development programs. The bill:
Strengthens the Office of the Inspector General for the
State Department and USAID by providing critical hiring
flexibility that greatly improves their ability to
compete for, recruit and retain qualified personnel,
especially for difficult to fill critical priority
posts in Iraq, Afghanistan, Pakistan, and Haiti.
Third, the Act strengthens U.S. public diplomacy programs
and activities. The bill:
Promotes a reexamination of the public diplomacy strategy
for the United States to include greater public access
to American Centers.
Clarifies authorities relating to the Broadcasting Board of
Governors (BBG).
Promotes enhanced contributions of scientific and technical
knowledge to the pursuit of U.S. foreign policy
objectives.
Finally, S. 2971 represents a renewed commitment to
international organizations and U.S. foreign aid agencies. The
bill:
Authorizes funds and contributions to the United Nations
(UN), including support to peacekeeping operations in
countries ranging from Haiti to Sudan.
Authorizes U.S. reengagement with the Inter-Parliamentary
Union (IPU), the oldest parliamentary association in
the world.
Provides important revisions to the authorities of the
Millennium Challenge Corporation (MCC), including
clarifying the eligibility criteria for qualifying
countries, so it can better fulfill its mission of
fighting poverty and fostering sustainable economic
growth in the poorest countries around the world.
Provides authorities to ensure USAID can support community
policing efforts, combat trafficking in persons, reduce
corruption, prevent conflict, and respond to disasters
in countries around the world.
The committee also notes that the authorization of
appropriations for State Department management and operations
and related agencies for fiscal year 2011 mirrors the
President's submitted budget request.
(A) SUMMARY OF FUNDS--($000)
Summary of Funds Authorized by S. 2971
(in dollars)
----------------------------------------------------------------------------------------------------------------
FY2010 FY2011 SFRC
Appropriations FY2011 Request Bill as
Estimate Reported
----------------------------------------------------------------------------------------------------------------
Diplomatic and Consular Programs.............................. 8,366,000 9,545,221 9,545,221
[Includes: Worldwide Security Upgrades]..................... 1,586,214 1,560,700 1,560,700
Capital Investment Fund....................................... 139,000 144,100 144,100
Embassy Security Construction & Maintenance................... 1,724,150 1,681,500 1,681,500
Other State Department Accounts
Civilian Stabilization Initiative............................. 120,000 184,000 184,000
Educational and Cultural Exchange Programs.................... 635,000 633,200 633,200
Representation Allowance...................................... 8,175 8,175 8,175
Protection of Foreign Missions and Officials.................. 28,000 27,200 27,200
Emergencies in Diplomatic and Consular Service................ 10,000 10,000 11,000
Repatriation Loans............................................ 1,450 1,450 1,450
Payment to the American Institute in Taiwan................... 21,174 21,420 21,420
Office of the Inspector General............................... 102,000 120,152 120,152
International Organizations
Contributions for International Organizations................. 1,682,500 1,595,430 1,595,430
Contributions for International Peacekeeping.................. 2,125,000 2,182,300 2,182,300
International Commissions
International Boundary and Water Commission, United States and 33,000 47,431 47,431
Mexico.......................................................
International Boundary Commission, United States and Canada... 2,359 2,422 2,422
International Joint Commission................................ 8,000 7,631 7,631
International Fisheries Commissions........................... 53,976 43,600 43,600
Centers and Foundations
National Endowment for Democracy.............................. 118,000 105,000 105,000
East-West Center.............................................. 23,000 11,400 11,400
The Asia Foundation........................................... 19,000 15,690 15,690
Migration and Refugee Assistance
Total......................................................... 1,693,000 1,605,400 1,605,400
International Broadcasting Activities
Total International Broadcasting.............................. 746,410 768,778 768,778
Peace Corps
Total Peace Corps............................................. 400,000 446,150 446,150
----------------------------------------------------------------------------------------------------------------
(B) SECTION-BY-SECTION ANALYSIS
Sec. 101. International litigation fund.
In 2002, Congress authorized the Department to replenish
partly the International Litigation Fund (ILF) by retaining a
small percentage of amounts received for international claims
prosecuted by the Department. See section 203 of the Foreign
Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228, 22
U.S.C. 2710). That authorization does not apply, however, to
cases where the Department defends the United States against
international claims--because in such cases an award favorable
to the United States will not call for any payment on the
claim. Nevertheless, the rules under which those latter cases
are conducted permit costs, attorneys' fees and expenses to be
awarded to the prevailing party. Under this provision, such
awards paid to the United States by foreign governments and
other foreign entities and persons would be credited to the
ILF. These additional resources would be available to fund
Department expenses related to proceedings before international
tribunals and claims by or against foreign governments or other
foreign entities or persons. The Department defends the United
States in a number of such cases, notably North American Free
Trade Agreement (NAFTA) investor-State arbitrations.
This provision has been included numerous times in similar
legislation in years past, including in H.R. 2410 (the
companion to S. 2971), which was passed by the House in June
2009).
Sec. 102. Actuarial valuations.
Under existing law, the Secretary of the Treasury is
required to perform certain statutory duties involving the
Department of State's two retirement systems, the Foreign
Service Retirement and Disability System (FSRDS) and the
Foreign Service Pension System (FSPS), both of which are
financed from the Foreign Service Retirement and Disability
Fund (the Fund). The Secretary of the Treasury is required to
prepare estimates of the annual appropriations required to be
made to the Fund, and to make actuarial valuations of the two
systems at intervals of not more than five years that will
provide (1) the normal cost of the systems, (2) the
supplemental liability of the systems, and (3) the amounts
necessary to finance the costs of the systems. This section
transfers the statutory responsibility for performing these
actuarial duties from the Secretary of the Treasury to the
Secretary of State. The committee understands that the
Department of the Treasury supports this official change in
responsibility, as it does not believe the Department of
State's actuarial work is within the scope of Treasury's core
mission.
The section would also authorize the Secretary of State,
subject to amounts provided in advance in appropriations acts,
to use monies in the Fund to cover the costs of administering
the two retirement systems. This would enable the Department of
State to cover the costs of ongoing operations, and to make
needed improvements in order to maintain and improve the
Department of State's financial management capabilities. This
authority would be consistent with the authority given to the
Office of Personnel Management with respect to its
administration of the Civil Service Retirement and Disability
Systems. The same provision was included in H.R. 2410, which
was passed by the House in the 111th Congress.
Sec. 103. Special agents.
This provision would explicitly authorize Department of
State and Foreign Service special agents to investigate
identity theft and document fraud, and federal offenses
committed in the special maritime and territorial jurisdiction
of the United States.
This provision was included in H.R. 2410, which was passed
by the House in the 111th Congress. A similar provision was
included as section 215 in S. 2611, the Comprehensive
Immigration Reform Act of 2006, which was passed by the Senate
during the 109th Congress.
Sec. 104. Accountability review boards.
This provision would extend by three years, to September
30, 2012, a provision allowing the Secretary of State to
conduct a less formal investigation for incidents involving
``serious injury, loss of life, or significant destruction of
property at, or related to, a United States Government mission
in Afghanistan or Iraq'' instead of convening an Accountability
Review Board (ARB) otherwise required under 22 U.S.C. 4831. The
exemption currently applies only to incidents in Iraq and
Afghanistan that occur between October 1, 2005 and September
30, 2009. The committee believes the ongoing violence in
Afghanistan and Iraq creates an impractical environment for
such Boards.
In many cases, a full ARB for such incidents in Iraq and
Afghanistan is inconsistent with the security environment.
Indeed, it could require the Department to send ARB members
unnecessarily into harm's way to investigate an incident.
Moreover, given the difficulty and security risks involved in
pursuing investigations in Iraq and Afghanistan, a requirement
to conduct a full ARB for all incidents covered by 22 U.S.C.
4831 could place a strain on resources in the Department and at
post. As a result, the committee believes that a three-year
extension of the exemption for Iraq and Afghanistan, through
fiscal year 2012, is warranted.
The committee expects the Department to work to develop a
strategy for conducting less formal investigations of security
incidents and to keep the committee fully and regularly
informed of its plans in this regard.
The committee also believes that the current patchwork
approach to ARBs, where the administration requests on an ad
hoc basis temporary ARB exemptions for particularly dangerous
or insecure posts, does not represent a sustainable solution to
this issue. The administration should undertake a more
comprehensive examination of the costs and benefits of
accountability review boards and address more fundamental
questions about the utility, efficiency, and fairness of ARBs.
The committee directs the administration to undertake such a
review and report back to Congress no later than September 30,
2011 recommendations for a more systematic overhaul of ARBs.
Sec. 105. Security enhancements for soft targets.
This provision expands the Department's current authority
under section 29 of the State Department Basic Authorities Act
of 1956 (P.L. 84-885, 22 U.S.C. 2701) to assist overseas
schools with physical security enhancements as part of the
Department's Soft Target program. Under the current provision,
the Department's authority is limited to providing assistance
related to buildings and real property used by the schools.
Some facilities used by overseas schools, such as school buses,
do not fit within this authority but frequently require
security enhancements that the schools do not have the funding
or expertise to provide. Indeed, overseas school buses carry
dependents of U.S. employees and/or other U.S. citizens and
operate on fixed routes and schedules, which increases the risk
of attack. Expanded authority to provide assistance to overseas
schools for such security enhancements would both benefit the
Department and safeguard U.S. children overseas. Activities
undertaken pursuant to this proposed authority would be funded
from the Diplomatic and Consular Programs appropriation.
Sec. 106. Enhanced Department of State authority for uniformed security
officers.
This provision would expand the circumstances under which
uniformed security offices of the Department of State may carry
firearms and enforce relevant laws and regulations. It also
provides such officers limited arrest authority--to make
arrests without warrant for any offense against the United
States committed in their presence, and for felonies that
relate to their protective functions. Virtually all other U.S.
Government agencies that have statutory responsibility for the
protection of persons or properties have these authorities.
This section also authorizes the Secretary of State to issue
regulations, comparable to General Services Administration
(GSA) regulations, for properties belonging to foreign missions
and international organizations in the United States and for
other purposes consistent with the orderly administration of
the Department's uniformed officers, in relation to their
providing protective services under the Secretary's long
established statutory responsibilities. The relevant
authorities would be exercised only pursuant to guidelines
approved by the Attorney General.
Sec. 107. Local guard contracts abroad under diplomatic security
program.
This section would change the rules governing the cost
analyses used by the Department of State in awarding local
guard contracts under the Department's diplomatic security
program. Under 22 U.S.C. 4864(c)(3), the Department of State is
currently required to award local guard contracts to firms
offering the lowest price technically acceptable (LPTA) for all
such contracts that exceed $250,000. The committee believes
that this provision limits the Department's ability to award
local guard contracts in the most efficient manner at U.S.
diplomatic missions abroad and may result in sub-standard
performance as contractors are, in the end, unable to provide
necessary services at the contract price--resulting in either
unacceptable levels of security service or additional costs
that far and above exceed other bids. As recent incidents in
Afghanistan and other locations have demonstrated, selecting a
contractor strictly on a lowest cost basis has resulted in
significant unintended consequences. Federal acquisition
regulations normally allow contracting agencies to determine
the selection criteria for making an award of a service
contract. Where local guard contracts are awarded on the basis
of LPTA, however, contractors sometime offer their employees
minimal training, wages, and benefits in order to ensure their
competitiveness for award. The Department has found that this
type of bidding arrangement often results in poorly trained
guard forces with poor morale and high personnel turnover,
which significantly undermines the operational effectiveness of
the guard force. By allowing the Department to award local
guard contracts on the basis of either LPTA or best value cost-
technical tradeoff, the provision would allow the Department to
select award criteria best suited to the local conditions. The
committee recognizes that a best value approach may result in
paying more for some non-cost factors (e.g., proven mission
capability, lower proposal risk, and solid past performance in
similar areas) as well as cost factors such as wages and
benefits that exceed local minimums. However, the committee
believes that the enhanced security posture from a best value
approach will often outweigh the expected price increase--
particularly in countries with dangerous or hostile
environments.
Sec. 108. Overseas procurement flexibility.
This section provides the Department of State the authority
to waive certain laws and regulations applicable to domestic
contracting when the Department contracts overseas for local
goods, services and utilities and determines that it could not
reasonably meet the needs of a post or facility for such goods
and services by use of other available authorities.
The Department's Bureau of Overseas Buildings Operations
(OBO), currently has statutory authority to waive acquisition
laws. OBO uses this authority sparingly, only after a
determination signed by its Director that it is in the
government's best interests to waive an otherwise applicable
acquisition law or regulation. This section would provide the
Department of State with similar flexibility to assist overseas
posts when faced with circumstances where application of U.S.
law and regulation prevents them from reasonably meeting their
needs, such as when:
Contracting for hotel rooms, where the contractor refuses
to accept a Federal Acquisition Regulation (FAR)-based
contract (e.g., contractor requires advance payments).
Contracting for telecommunications service, provided by the
host government or government-owned corporation, where
there is only one source available and that source will
not accept a contract containing FAR clauses.
Contracting for health or life insurance for Foreign
Service Nationals, which involves highly regulated
foreign industries that do not recognize or accept FAR
procedures.
Leasing vehicles where contractor requires purchase of
insurance providing standard commercial indemnification
customary in the marketplace.
Under this section, the Secretary is required to issue
guidance addressing use of the authority that would require
waivers to be approved in writing by the Department's
Procurement Executive. Any actions over $2 million would also
be approved in writing by the Department's Chief Acquisition
Officer. Neither approval could be delegated. Competition would
continue to be used wherever practicable. In addition, this
waiver authority would not apply to procurements from U.S.
domestic sources for shipment and use overseas. Those
transactions would continue to be subject to current laws and
the FAR.
Sec. 109. Renaming of Bureau of Oceans and International Environmental
and Scientific Affairs.
This technical amendment is intended to simplify the name
of the bureau within the State Department that is currently
named the ``Bureau of Oceans and International Environmental
and Scientific Affairs.''
Sec. 110. Extension of period for reimbursement for seized commercial
fishermen.
This provision amends the Fishermen's Protective Act of
1967 (FPA) (P.L. 90-482) to extend by five years the Secretary
of State's authority to reimburse fishermen for the fines and
direct costs incurred from the illegal seizure and detention of
a U.S.-flag fishing vessel by a foreign government as a result
of a claim of jurisdiction not recognized by the United States.
The authority for this program expired on October 1, 2008.
Maintaining this authority is necessary to safeguard the
interests of U.S. fishermen operating legally in areas under
U.S. jurisdiction where that jurisdiction may be in dispute
with another country. This provision also protects the legal
position of the United States with respect to any such disputed
claims.
Sec. 111. Authority to issue administrative subpoenas.
This section provides subpoena authorities for the Bureau
of Diplomatic Security's performance of protective duties and
investigation of passport and visa fraud cases. A proposed
authority with respect to protective duties was included in S.
600, which was reported by the committee to the Senate during
the 109th Congress.
Sec. 112. Home-to-work transportation.
This provision amends 31 U.S.C. 1344 to allow the
Department to provide home-to-work transportation for the
Deputy Secretary of State for Management and Resources. Under
the current provision, the Department may provide
transportation to the Deputy Secretary of State as the
Secretary's ``principal deputy'' under subsection (b)(3)(B).
The current provision does not, however, account for the
establishment of the position of Deputy Secretary of State for
Management and Resources (as a Level II Executive under 5
U.S.C. 5313) in section 404 of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, Fiscal Year 2001 (P.L. 106-553, App. B, 22
U.S.C. 2651a(a)(2)). The Department has stated to the committee
that it believes that home-to-work transportation is equally
important for the Deputy Secretary of State for Management and
Resources, for both operational and security reasons.
Sec. 113. Technical amendment to Federal Workforce Flexibility Act.
This provision clarifies the effect of an amendment made by
the Federal Workforce Flexibility Act of 2004 (P.L. 108-411) to
the recruitment, relocation, and retention benefit authorities
in Title 5, United States Code. Section 101 of the Federal
Workforce Flexibility Act, which amended sections 5753 and 5754
of Title 5, prohibited payment of recruitment, relocation, and
retention benefits to a person who holds ``a position to which
an individual is appointed by the President, by and with the
advice and consent of the Senate.'' Although this language was
intended to prohibit agencies from providing such benefits to
traditional political appointees, it could be interpreted to
have the unintended effect of excluding all Foreign Service
Officers, as defined by Section 103(4) of the Foreign Service
Act of 1980 (P.L. 96-465, 22 U.S.C. 3903(4)), because Foreign
Service Officers are appointed by the President under section
302(a)(1) of the Foreign Service Act. The provision also makes
clear that ambassador-level appointees will remain subject to
the existing restrictions of sections 5753 and 5754. Clarifying
the Department's authority to provide these benefits to Foreign
Service Officers would strengthen the Department's ongoing
efforts to attract and retain talented and motivated
professionals from around the country, which is imperative at a
time when the U.S. diplomatic corps is being asked to take on
increasingly difficult assignments in exceptionally dangerous
places.
Sec. 114. Emergency Refugee and Migration Assistance Account.
This provision increases funding authorization levels for
the Emergency Refugee and Migration Assistance (ERMA) Account
from $100,000,000 to $200,000,000. The committee believes the
increase is warranted given the proliferation of humanitarian
crises involving refugee and migration issues which require an
immediate and flexible response.
Sec. 115. Annual Report on International Religious Freedom
This provision amends the International Religious Freedom
Act of 1998 (P.L. 105-292) to change the reporting date for the
Annual Report on International Religious Freedom to April 1, in
order to synchronize it with the due date for other State
Department Human Rights Reports.
Sec. 116. Assistant Secretary for International Information Programs.
This provision elevates the ``Coordinator'' for
International Information Programs to an Assistant Secretary of
State. This will create parity with the other two public
diplomacy Bureaus--Educational and Cultural Affairs and Public
Affairs--each of which are headed by Assistant Secretaries of
State.
Sec. 117. Reimbursement for use of government vehicles overseas.
This provision amends section 28 of the State Department
Basic Authorities Act of 1956 (P.L. 84-885, 22 U.S.C. 2700) to
enable the Department of State to retain reimbursements for
certain uses of motor vehicles overseas. Section 28 allows the
Secretary of State to authorize the principal officers of
overseas posts to provide for the use of government-owned and
leased vehicles to transport employees and their families when
local transportation is unsafe or unavailable or when such use
is advantageous to the government. Pursuant to Department
guidelines, employees who use these vehicles for certain
authorized purposes, such as home-to-office transportation for
employees at post on temporary duty assignment, pay charges set
by the post that reflect the cost of maintaining and operating
the vehicles.
Sec. 121. Public diplomacy resource centers.
This provision states that it is the Sense of the Congress
that the Secretary of State should: (1) initiate a
reexamination of the public diplomacy platform strategy of the
United States with a goal of reestablishing publicly accessible
American Centers; and (2) taking into account security
considerations, consider placing U.S. public diplomacy
facilities at locations conducive to maximizing their use.
The Secure Embassy Construction and Counterterrorism Act of
1999 (P.L. 106-113, 22 U.S.C. 4865(a)(2)(B)) provided the
Secretary of State with the authority to waive certain
requirements of the Act, including the requirement that all
official American personnel be co-located on an Embassy
compound. The committee believes that, to the extent security
requirements permit, greater consideration should be given
towards placing U.S. public diplomacy facilities in locations
where they can be more easily accessed by the audiences we are
trying to reach through our public diplomacy. In many
countries, American Centers are housed within the Embassy
compound and security requirements for entry into the compound
are such that fewer and fewer foreigners are willing to make
use of the American Centers. This language is similar to S.
Res. 49 introduced by Senator Lugar and passed in the Senate on
May 19, 2009, and mirrors the co-location exemption afforded
the Peace Corps.
Sec. 122. Employment of noncitizens for international broadcasting.
This provision clarifies the BBG's authority to hire the
best qualified candidate for a position, even if that candidate
is not an American citizen.
At various times during the agency's history, first under
the United States Information Agency (USIA) and subsequently
under the BBG, uncertainty has arisen as to whether applicable
law requires the agency to give employment preference to U.S.
citizens, even if a better qualified applicant, who is a non-
citizen, is available. While the agency for more than 20 years
has interpreted its authorities to provide flexibility to hire
the best qualified applicant, the committee believes it would
be useful to confirm this understanding by statute.
Sec. 123. Radio Free Europe and Radio Liberty pay parity.
This provision allows parity of compensation between Radio
Free Europe (RFE)/Radio Liberty (RL) employees and those of
other Federal employees, and would bring RFE/RL's compensation
policies in line with the overall policy of the BBG. Doing so
would provide equitable treatment for RFE/RL employees, and
assist RFE/RL to recruit and retain employees. Currently, RFE/
RL is the only broadcasting entity of the BBG with salaries not
fully compatible with the Senior Executive Service pay system.
Sec. 124. Radio Free Asia.
This provision amends the United States International
Broadcasting Act of 1994 (P.L. 103-236) to authorize Radio Free
Asia (RFA) through September 30, 2011. RFA is a private,
nonprofit corporation that broadcasts news, cultural
programming, and other information in several languages to
countries in Asia. Under current law, the authorization for RFA
expires at the end of fiscal year 2010.
RFA's mission is to provide in-country news and information
to countries that do not permit free media. All but one of
RFA's target countries--China, North Korea, Burma, Laos,
Vietnam, and Cambodia--are Communist, military, or
authoritarian regimes that give no indication of allowing a
free indigenous press any time in the near future. This
provision makes the authorization of RFA consistent with that
of other ``surrogate'' entities overseen by the BBG, including
RFE/RL, the Office of Cuba Broadcasting, and the Middle East
Broadcast Network.
Sec. 125. Personal services contracting program for the Broadcasting
Board of Governors.
This section permits the BBG to employ up to 60 personal
services contractors at any time. This program is extended
until December 31, 2011. The BBG has used this authority to
respond to needs for surge broadcasts in priority areas, with
the most recent examples in the Urdu, Dari and Pashto services,
and for Zimbabwe and Somalia.
Sec. 126. United States Advisory Commission on Public Diplomacy.
Subsection (a) amends the Foreign Affairs Reform and
Restructuring Act of 1998 (P.L. 105-277) to reauthorize the
United States Advisory Commission on Public Diplomacy through
October 1, 2011. Subsection (b) mandates regular studies by the
Commission for submission to Congress and authorizes the
Commission to use funds in its allotted budget to award grants
to assist in carrying out its duties. Subsection (c) requires
that at least four of the Commission's seven members, all of
whom are political appointees, have substantial experience in
public diplomacy or comparable activities in the private
sector, and that no member may be an officer or employee of the
United States.
Sec. 127. Dissemination of public diplomacy information within the
United States.
This provision amends the United States Information and
Educational Exchange Act of 1948 (P.L. 80-402), commonly known
as the ``Smith-Mundt Act,'' to allow the BBG to make available
to the Archivist of the United States, for domestic
distribution, motion pictures, films, videotape, and other
material prepared by the BBG for dissemination abroad 2 years
after the initial dissemination of the material abroad, or in
the case of such material not disseminated abroad, 2 years
after the preparation of the material. The the Secretary of
State and the BBG may be reimbursed for any attendant expenses.
This changes the current statute which prohibits domestic
dissemination for 12 years. There is widespread dissatisfaction
with the current statute and waivers are frequently requested
for domestic dissemination. This would make the cumbersome and
time-consuming waiver process less frequent while still
preventing the immediate dissemination of BBG materials for
perceived ``domestic propaganda'' purposes.
Sec. 128. Science and technology fellowships.
This section authorizes the Secretary of State, under the
authority, direction, and control of the President and in
accordance with the Mutual Educational and Cultural Exchange
Act of 1961 (P.L. 87-256), to increase the number of
educational and cultural exchange activities involving persons
from scientific, medicine, research, and academic sectors by:
(1) establishing new Mutual Educational and Cultural Exchange
Programs; and (2) expanding the coverage of existing Programs.
This section would also give the Department grant authority to
assume the support function, institutionalize the Jefferson
Science Fellows program, and provide similar support as
appropriate for other science fellowship programs. The
provision makes clear that stipends paid to fellows under
grants made by the Department are not to be considered
``compensation'' by the federal government, and that the
payment by outside sources of the salary and benefits of
science and technology fellows to science fellows who serve as
unpaid consultants therefore does not violate 18 U.S.C. 209.
This section includes elements of the bill S. 838
introduced by Senator Lugar on April 21, 2009, which directs
the Secretary to appoint United States Science Envoys to
represent the U.S. commitment to collaborate with other
countries to promote the advancement of science and technology
throughout the world based on issues of common interest and
expertise.
Sec. 129. Grants for international documentary exchange programs.
This provision authorizes the Secretary to make grants to
U.S. nongovernmental organizations that use independently-
produced documentary films to promote better understanding of
the United States among individuals in other countries.
Subsection (a) authorizes the making of grants to support such
films, subsection (b) outlines certain activities that should
be supported, subsection (c) outlines a preference for
organizations that are cost-effective and experienced,
subsection (d) provides for a report on the implementation of
this section, and subsection (e) authorizes such sums as
necessary for fiscal years 2010 and 2011 to carry out this
section.
It is the intent of this provision to create an exchange of
noncommercial, independently produced documentary films between
the United States and other countries that will convey a
diversity of views about life in the United States. This
reflects the critical need in public diplomacy for high-
quality, authentic, credible, independent voices to be created
and distributed on television and digital platforms.
Sec. 130. Transfer of the Vietnam Education Foundation to the
Department of State.
This section makes various amendments to the Vietnam
Education Foundation Act of 2000 (P.L. 106-554) in order to
transfer to the Bureau of Educational and Cultural Affairs
(ECA) of the Department of State the authority to operate the
currently independent, congressionally-established Vietnam
Education Foundation.
Subsection (a) amends the purposes of the act to offer
further support of academic institutions in Vietnam. Subsection
(b) establishes the Foundation within ECA. Subsection (c)
eliminates the Foundation's current board of directors and
creates an advisory committee--with members appointed by the
Secretary of State and the majority and minority leaders of the
House and the Senate--to advise ECA on the Foundation's
activities, and ensures that the Foundation's executive
director answers to this board. Subsection (d) reforms the
Foundation's fellowship program to focus on academic computer
science, public policy, and academic and public management.
Subsection (e) vests appointment of the Executive Director of
the Foundation with the Secretary. Subsection (f) makes certain
conforming amendments. Subsection (g) makes certain amendments
to the Mutual Educational and Cultural Exchange Act of 1961.
Subsection (h) provides for transfer of functions of the
Foundation to the Department. Subsection (i) provides for
graduate level academic and public policy management leadership
programs through ECA or through the Foundation. Subsection (j)
provides that the amendments in this section of the act shall
take place 90 days after enactment of the section.
Sec. 131. Broadcasting Board of Governors.
This provision (a) eliminates editorials as a broadcasting
requirement of the United States Government (USG) and (b)
extends civil liability immunity to members of the Middle East
Broadcasting Networks to bring it in line with immunities
afforded other BBG entities.
Sec. 132. Statement of policy regarding citizen diplomacy.
This provision states that it is the policy of the United
States to recognize the work of citizen diplomacy organizations
and individual citizen diplomat volunteers, to encourage more
Americans to engage in global citizenship activities, including
studying abroad, hosting foreign students, and participating in
international volunteer programs. It also supports existing and
new programs at the Department of State that foster citizen
diplomacy and development missions.
Sec. 133. Performance-based measurement reporting requirements for
international exchange programs.
This provision seeks to strengthen the public-private
partnership and U.S. government run international exchange
programs by introducing performance-based measurements to
accurately assess the overall well-being of international
secondary education exchange programs. In order to perform
effectively and to understand where and how to make
adjustments, the State Department's Bureau of Educational and
Cultural Affairs shall implement a performance-based
measurement system that allows them to track the performance of
students while on exchanges, the performance of host parents,
and the performance of sponsoring organizations. The committee
intends to review the annual report submitted by the Bureau of
Educational and Cultural Affairs with a view to ensuring that
deficiencies in program performance are remedied.
Sec. 141. Reforming refugee processing.
This provision amends section 209 of the Immigration and
Nationality Act (P.L. 82-414, 8 U.S.C. 1159), which mandates
that the Department of Homeland Security detain in custody
refugees who do not file for adjustment of status by the one
year anniversary of the date they obtained refugee status.
Current law mandates that refugees who do not file for
adjustment of status by the one year anniversary of achieving
refugee status must be detained in custody by DHS. This
represents a disparity in treatment of refugees from asylum-
seekers, who are not subject to mandatory detention for failing
to file by their one year anniversary.
This provision remedies what has long been seen as an
unnecessary hardship in U.S. refugee law. Mandating detention
for those who may not know of the precise status-adjustment
deadline, and who may need time to procure assistance with the
process is unnecessary.
Sec. 142. Definition of ``use'' in passport and visa offenses.
This section clarifies that for purposes of crimes
described in Chapter 75 of Title 18 of the U.S. Code, which
cover a variety of passport and visa fraud offenses, the terms
``use'' and ``uses'' shall be given their plain meaning, to
include use of such documents for identification purposes.
Prosecution of passport-related offenses has previously been
limited in some cases by ambiguity concerning the scope of the
terms ``use'' and ``uses.''
Sec. 143. Visa ineligibility for international child abduction.
Under section 212(a)(10)(C) of the Immigration and
Nationality Act (P.L. 82-414, 8 U.S.C. 1182(a)(10)(C)), an
individual who detains or withholds custody of a U.S. citizen
child outside the United States from the individual granted
custody of the child by a U.S. court, or a person who provides
material support to such an individual, is ineligible for a
visa to enter the United States. However, this visa
ineligibility provision does not apply where the child is
located in a country that is a party to the Hague Convention on
the Civil Aspects of International Child Abduction. This
exception was intended to allow the procedures under the Hague
Convention to provide the sole set of remedies for the return
of the child, and to insulate procedures under the Convention
in a given case (which can be very delicate) from being
derailed by a declaration that an abductor or his/her supporter
is ineligible for a visa.
This provision amends section 212 to permit the visa
ineligibility to be applied regardless of whether the child is
located in a country that is a party to the Hague Convention.
The Department's Office of Children's Issues, the U.S. Central
Authority under the Convention, has reported a number of cases
where a child has been abducted to a party to the Convention
and the Convention's remedies have thus far proven inadequate
to reach a resolution. The committee believes that it is
important for the U.S. to support the Hague Convention and that
permitting travel by aliens who have violated international
obligations under the Hague Convention is inconsistent with
that support.
Sec. 144. Vaccination waiver for adopted children.
Under section 212(a)(1)(A)(ii) of the Immigration and
Nationality Act (P.L. 82-414, 8 U.S.C. 1182(a)(1)(A)(ii)),
aliens may not be admitted to the United States unless they
present documentation of certain required vaccinations. Section
212(a)(1)(C) provides an exemption from this requirement for
children under ten years old who are adopted from countries
with which the Hague Convention on Protection of Children and
Co-operation in Respect of Intercountry Adoption is not in
force for the United States, so long as the adoptive parent
executes an affidavit stating that the child will receive the
required vaccinations within 30 days of the child's admission
(or at the earliest medically appropriate time). At the time of
the original provision, the United States had not ratified the
Convention. This provision amends section 212(a)(1)(C) to
provide the same exemption for children who are adopted from
countries with which the Hague Convention is in force for the
United States. This resolves an inequity in the treatment of
adoptive children based solely on their country of origin.
Sec. 145. Signed photograph requirement for visa applications.
This provision eliminates the requirement that visa
applicants submit signed photographs with their visa
applications under section 221(b) of the Immigration and
Nationality Act (P.L. 82-414, 8 U.S.C. 1201(b)). As the Visa
Office moves to an electronic visa application system, in
accordance with the Government Paperwork Elimination Act (P.L.
105-277), requiring applicants to sign the photographs
submitted with their applications is no longer sensible.
Applicants who submit electronic visa applications will submit
digital photographs, and it is not feasible to require
applicants to sign the photographs (either physically or
electronically). Eliminating the signature requirements will
not undermine the integrity of the application process because
there are a variety of other security measures, including
fingerprinting, in place to ensure that applicants are who they
purport to be.
Sec. 146. Electronic transmission of domestic violence information to
visa applicants.
This provision permits the Department of State to provide
certain required information to K visa applicants by e-mail
where the Department has an e-mail address for the applicant
and if the applicant consents to the electronic service. Under
the current provision, the Department is required to mail K
visa applicants a pamphlet with information regarding the visa
application process, domestic violence laws and resources,
rights of immigrant victims, and information concerning the
petitioner for the visa. Where an applicant has provided an e-
mail address and consents to receiving information via email,
the committee believes that e-mail is less expensive than
standard mail and more likely to reach applicants because they
are likely to have access to e-mail even when they are away
from their primary residence.
Sec. 147. Sibling adoptions.
This section amends the Immigration and Nationality Act to
facilitate the inter-country adoption of siblings. Under
section 101(b)(1)(F) of the Immigration and Nationality Act
(INA) (8 U.S.C. 1101(b)(1)(F)), an adopted child under the age
of 18 is classified as an immediate relative when a natural
(birth) sibling has also been adopted by the same U.S. citizen
from a country with which the Hague Convention on Protection of
Children and Co-operation in Respect of Intercountry Adoption
is not in force for the United States. In contrast, under
section 101(b)(1)(G) of the INA, this classification is not
available for children between the ages of 16 and 18 who are
natural siblings of children adopted from countries with which
the Hague Convention is in force for the United States. As a
result of this apparently inadvertent omission, those latter
siblings may not enter the United States in this classification
as an immediate relative of a U.S. citizen. The only available
alternative for immediate relative status for a child between
the ages of 16 and 18 from a Hague Convention country who has
been adopted by the same U.S. citizen as a sibling under the
age of 16 would be for both children to qualify under section
101(b)(1)(E) of the INA. However, this would require that the
adoptive parent does not intend to take up residence in the
United States immediately after the adoptions, and (unless an
exception for battery or extreme cruelty within the adoptive
household applies) both children must have been in the legal
custody of, and resided with, the adoptive parent outside the
United States for at least two years prior to entry. This
creates an unnecessary disparity between ``Hague'' and ``non-
Hague'' adoptions. In order to correct this disparity, this
provision amends section 101(b)(1)(G) to provide that an
adopted child under the age of 18 will be classified as an
immediate relative when a natural sibling has also been adopted
by a U.S. citizen from a country with which the Hague
Convention is in force for the United States.
Sec. 148. Technical amendments relating to the Intelligence Reform and
Terrorism Prevention Act of 2004.
This section makes technical corrections relating to
provisions of the Intelligence Reform and Terrorism Prevention
Act of 2004 (P.L. 108-458). It provides that systems deployed
under that Act to detect fraudulent documents must be
compatible with those of both the Department of Homeland
Security and the Department of State. It also transfers from
the Secretary of State to the Secretary of Homeland Security
responsibility under the Act for securing transit passage areas
at ports of entry within the United States. (8 U.S.C. 1185
note)
Sec. 149. Videoconference interviews.
This section authorizes a 2-year pilot program that uses
secure remote videoconferencing technology to conduct visa
interviews for tourist visas. It would require reports a year
into the pilot and after the completion of the pilot,
identifying efficacies of videoconference interviews and
including recommendations on whether such technology should be
continued. In many large countries, such as China, India and
Brazil, the number of tourist and business visitors to the
United States has increased, and the potential for further
visitors is greater still. However, a limited number of
consulates in these countries means that many visitors must
travel great distances in their own country to obtain a visa to
the United States. The costs and logistics of these efforts to
obtain a visa can be prohibitive or discouraging and may be
limiting foreign tourism in the United States. While concerns
remain about the security implications of using remote
videoconferencing, for years there has been interest in testing
videoconferencing technology for consular officers to use in
conducting visa interviews, and this provision would permit the
first step in the exploration of that possibility. The
committee encourages the State Department to test the use of
this technology in the visa issuance process to identify its
potential future use, while maintaining the utmost concern for
the security of the process.
Sec. 201. Creation of a modern and expeditionary Foreign Service.
This provision amends the Foreign Service Act of 1980 to:
(1) expand Foreign Service functions; (2) require that all
Foreign Service officers be available for worldwide assignment;
(3) provide for training in conflict resolution, and in the
ability to function in unstable areas or areas without civil
authority; (4) provide for recruitment of candidates with
experience in unstable situations; and (5) provide for advanced
academic training.
Since the end of the Cold War and in a post-9/11
environment, the complexity of responding to international
security challenges has increased. They are transnational in
nature, require civilian capacity to address them, and capacity
to operate locally to prevent problems or find solutions. This
requires more civilian personnel and resources and a change in
the way they function. The committee believes that resources
for civilian agencies have been allowed to atrophy to the point
that U.S. engagement is weakened in confronting emerging
challenges and transnational threats. USAID's foreign
assistance expertise started to decline before the 1990s. While
the Department of State's personnel levels have remained
essentially flat, its responsibilities have increased in
response to new embassies in Eastern Europe, security needs,
and operations in Afghanistan and Iraq.
Foreign aid levels during the 1990s declined to their
lowest levels since U.S. foreign aid programs began in earnest
in 1946. Aid levels rebounded since 2002 to levels comparable
to the 1960s and early 1970s, a period when USAID personnel
levels were at their zenith. As a result of the decline in
resources, civilian agencies find themselves unable to be full
partners in promoting U.S. national security interests. While
many of the challenges facing U.S. diplomacy and development
call for a reorganization of the U.S. foreign policy apparatus,
the first priority must be to strengthen the civilian capacity
of our diplomatic and development institutions. This entails a
significant investment in hiring more personnel, increasing
subject-matter expertise, providing the training and inter-
agency experience necessary for a whole of government approach,
and embracing technology as means to implement these changes.
Personnel reforms should reward innovation, performance,
breadth of experience across different issue areas, and
effective management of risks (as opposed to the prevailing
culture of risk avoidance). The point of these reforms is to
change the jobs that diplomats do. The new challenges will not
be met by the diplomatic practices and institutions of the
past.
The American Academy of Diplomacy and the Henry L. Stimson
Center Study--``A Foreign Affairs Budget for the Future: Fixing
the Crisis in Diplomatic Readiness''--noted:
Currently the Secretary of State lacks the tools--
people, competencies, authorities, programs and
funding--to execute the President's foreign policies.
The status quo cannot continue without serious damage
to our vital interests. We must invest on an urgent
basis in our capabilities in the State Department,
USAID, and related organizations to ensure we can meet
our foreign policy and national security objectives.
There must be enough diplomatic, public diplomacy, and
foreign assistance professionals overseas and they
cannot remain behind the walls of fortress embassies.
They must be equipped and trained to be out, engaged
with the populace and, where needed, working closely
with the nation's military forces to advance America's
interests and goals.
The study recommends that U.S. direct-hire staffing in the
four categories above be increased over FY2008 levels by 4,735
over the timeframe of 2010-2014, a growth of 46 percent above
current levels in these categories (20 percent of total State/
USAID staffing), to be accompanied by significant increases in
training and in the number of locally employed staff overseas;
the additional staff and related costs will rise to $2 billion
annually by FY2014.
The committee strongly concurs with the recommendations of
that study and the recommendations of similar analyses that
call for a significant increase in civilian resources and
personnel dedicated to strengthening our diplomacy and
development missions.
Sec. 202. Conflict prevention, mitigation, and resolution training.
This section directs the Secretary of State to ensure that
Foreign Service Officers who are being deployed to areas
undergoing significant conflict or considered to be at risk of
significant conflict receive appropriate training in conflict
prevention, mitigation, resolution, and related civilian-
military coordination. Such training is especially important
for personnel deployed to areas such as Afghanistan, Pakistan,
Iraq and Sudan. The Secretary is directed to submit a report to
the appropriate congressional committees not later than one
year after the date of the enactment of this Act, detailing
efforts made by the Department to further expand and facilitate
this training.
203. Mass atrocities.
This provision reaffirms the United States commitment to
supporting efforts to prevent genocide and mass atrocities, and
the conviction that such preventive action is in the
humanitarian and strategic interest of the United States.
The United States is a party to the 1948 UN Convention on
the Prevention and Punishment of the Crime of Genocide, which
provides that genocide, whether committed in time of peace or
in time of war, is a crime under international law that
contracting parties will undertake to prevent and to punish.
Recognizing patterns of escalating tensions that may evolve
into acts of mass atrocities or genocide is critical; this
provision directs the Secretary to submit an assessment of
current methods to monitor indicators of potential mass
atrocities. Additionally, the Secretary of State is directed to
submit an assessment of existing capabilities to provide early
warnings to relevant agencies and congressional committees to
reduce the risk of mass atrocities against civilians.
Mass atrocities are carried out systematically and often
come with recognizable early indicators. The committee believes
it is necessary to have a policy framework in place that
institutionalizes the analysis of these indicators and, when
necessary, spurs the consideration of further action. Not only
can proactive efforts stem the loss of life, but preventive
measures can also help avert the development of long-lasting
international crises that ultimately bear even higher economic
and human costs.
Sec. 204. Crisis response.
This section provides the Department of State additional
hiring flexibility for positions related to crisis response
activities carried out under the Reconstruction and
Stabilization Civilian Management Act of 2008 (P.L. 110-417,
Title XVI). Specifically, it allows for the inclusion of
individuals employed by personal services contract, including
locally employed staff who are employed by participating
agencies.
Sec. 212. Overseas comparability pay adjustment.
This provision amends the Foreign Service Act of 1980 to
eliminate the disparity in pay between Washington, D.C.-based
Foreign Service officers at the FS-01 level and below and their
colleagues assigned overseas. When assigned overseas, these
Foreign Service Officers currently take a cut in basic pay of
just under 24 percent even though we are asking more of them to
serve in difficult, dangerous and volatile environments. This
disparity is the result of the exclusion of positions outside
the continental United States from the locality pay provision
in the Federal Employees Pay Comparability Act of 1990 (P.L.
101-509, 5 U.S.C. 5304). This exclusion was intended to prevent
employees in non-foreign areas from receiving both locality pay
and the non-foreign-area allowances; Foreign Service Officers
serving overseas were not contemplated. The disparity in basic
pay between overseas and domestic assignments continues to
grow, as it has each year since the implementation of locality
pay in 1994, and is increasingly undermining existing
incentives to serve overseas. By restoring the basic pay equity
between Washington, D.C. and overseas that existed prior to the
implementation of locality pay, this provision would eliminate
the disparity for entry and mid-level Foreign Service employees
of all foreign affairs agencies. The pay gap for the Senior
Foreign Service was effectively eliminated when pay-for-
performance was introduced in 2004. Under the provision, a new
section would be added to Chapter 4 of the Foreign Service Act
of 1980 providing that Foreign Service officers at class 1 or
below who are stationed outside the continental United States
(and not in a non-foreign area) would receive locality-based
comparability payments equal to the payments that would be
provided under 5 U.S.C. 5304 if his or her official duty
station were in Washington, D.C. The phase-in period would be
completed by the first pay period of fiscal year 2011. The
provision also makes conforming amendments to Chapter 8 of the
Foreign Service Act of 1980 to sunset application of overseas
``virtual locality pay,'' which adjusts the computation of
basic salary for purposes of determining retirement benefits to
include locality pay for Foreign Service Officers overseas.
Virtual locality pay will no longer be required after full
implementation of locality-based comparability payments
overseas. A similar provision is included in H.R. 2410, which
was passed by the House in the 111th Congress. During the 110th
Congress, similar provisions appeared in H.R. 3202, which was
reported in the House, and S. 3426, which was reported in the
Senate.
Sec. 221. Death gratuity.
This provision amends the Foreign Service Act of 1980 to
provide for a more consistent and higher amount of a death
gratuity to the surviving dependents of Foreign Service
employees who die as a result of injuries sustained in
performance of duty abroad. The current death gratuity amount
is one year's salary. The provision for Foreign Service
Officers would link the amount to the salary at the EX-II
level. The EX-II level is the highest base salary level for
Senior Foreign Service members. It is currently $177,000 and is
adjusted yearly. For Foreign Service Nationals and other
Locally Employed (LE) staff who are compensated under local
compensation plans, the amount would be equal to the greater of
either one year's salary at the time of death or one year's
basic salary at the highest step of the highest grade on the
Local Compensation Plan from which the employee was being paid
(excluding Exception Rate Ranges or Exception Grades). The
increased costs to the Department would be the difference
between the member's annual base salary and the EX-II salary
level or the highest relevant LE salary level. A similar
provision is included in H.R. 2410, which was passed by the
House in the 111th Congress.
Sec. 222. Expansion and extension of annuitant waiver for response
readiness corps.
This provision, requested by the Department of State, is
the result of limitations included in the definition of
``personnel'' in the Reconstruction and Stabilization Civilian
Management Act of 2008, which authorizes the Civilian Response
Corps (CRC). In the Act, all CRC personnel have to be Title 5
USG Civil Service or Foreign Service employees. This is not a
problem for the Active component as they are all hired as USG
employees. However, it is a problem for the Standby component.
USAID, in particular (although it also applies to some of the
other departments/agencies participating in the CRC), has many
Foreign Service national and personal services contractors on
staff with skills and abilities that should be tapped as part
of the Standby component. USAID also has a plurality of Standby
component members--728 of the 2000 total--and simply does not
have enough Title 5 USG employees to meet that goal. By
expanding the definition to include FSNs and PSCs, the CRC will
be able to take advantage of this rich and talented resource
pool at USAID and elsewhere, which will make for a better CRC
overall.
Sec. 223. Reemployment of annuitants.
This provision allows the Department of State greater
flexibility to reemploy Foreign Service annuitants as needed
when there is difficulty in recruiting or retaining a qualified
employee. Certain authorities in section 824(g) of the Foreign
Service Act of 1980 (22 U.S.C. 4064(g)) are linked to
Afghanistan and Iraq, and are scheduled to sunset in 2009. This
provision expands those authorities to allow the Department to
address hiring needs in the dynamic foreign affairs environment
and make them permanent. The same provision was included in
H.R. 2410, which was passed by the House of Representatives in
the 111th Congress.
Sec. 224. Locally employed staff.
This section directs the Secretary to undertake a review to
assess the adequacy of locally employed staff compensation. It
also directs the Secretary to establish a database for salary
and compensation information for locally employed staff, as
recommended by the Department of State's Inspector General. The
Secretary shall report to Congress on the status of efforts to
implement these recommendations and address critical LE
recruitment, retention and compensation issues in furtherance
of U.S. foreign policy goals and objectives.
U.S. embassies and consulates worldwide retain over 51,000
locally employed (LE) staff under local compensation plans
(LCPs) in about 170 overseas missions. A report by the Office
of Inspector General of the Department of State and the BBG,
entitled ``Review of Locally Employed Staff Compensation
Issues'' (Report Number ISP-I-09-44), stated that: ``The U.S.
is falling behind in providing a competitive compensation
package for LE staff that is commensurate with their
experience, technical skills, and responsibilities.''
The committee believes that the ability of United States
overseas missions to retain LE staff and to recruit new,
qualified staff is vital to the success of those missions.
Sec. 225. Repeal of recertification requirement for senior foreign
service.
This section repeals the provision in the Foreign Service
Act of 1980 that requires the Secretary to establish a
recertification requirement for members of the Senior Foreign
Service (SFS) that is equivalent to the recertification process
for the Senior Executive Service (SES). In section 1321 of the
Homeland Security Act of 2002 (P.L. 107-296), Congress repealed
the recertification requirements for SES employees contained in
Title 5 of the United States Code. The rationale was that these
periodic recertification requirements for the SES did not serve
a useful purpose. The same rationale applies to the SFS.
A similar provision is included in H.R. 2410, which was
passed by the House in the 111th Congress. This provision was
included as section 311 in S. 600 and as section 312 in H.R.
2601 during the 109th Congress.
Sec. 226. Foreign relations exchange programs.
This provision amends the Department of State Basic
Authorities Act of 1956 to authorize the establishment of
exchange programs allowing Department employees, including
civil service general schedule, Senior Executive Service
members, and members of the Foreign Service to be assigned to
foreign governments or international entities, which would in
turn assign their employees to the Department. This authority
could be used for the Transatlantic Diplomatic Fellowship
program with the European Union, NATO, and their member states
to promote collaboration among young leaders and for the
Security Officer Exchange program between the Bureau of
Diplomatic Security and the foreign affairs agencies of
Australia and the United Kingdom. It would also permit the
Department to develop new programs that help to strengthen U.S.
relations with foreign governments and international entities.
In addition, the provision would permit the Department to
authorize non-reciprocal assignments of personnel on a
reimbursable or non-reimbursable basis. This provision also
renders moot a potential legal concern under the Emoluments
Clause of the Constitution (Article 1, section 9, clause 8).
Sec. 227. Enhanced personnel authorities for the inspector general of
the Department of State.
This provision is a long-time request of the Department of
State Office of the Inspector General. The committee finds that
the OIG requires new hiring flexibilities to address historic
mission difficulties resulting from an array of reduction-in-
pay restrictions that have reduced the OIG's ability to compete
for, recruit, retain and compensate available and qualified
personnel. With an increased workload related to expenditures
and operations in Afghanistan and Pakistan, adequately staffing
the OIG has become an even higher priority. The committee
recognizes that an important personnel balance must be struck
between recruiting long-term direct hire personnel who form the
backbone of the OIG, with short-term annuitants and PSCs. The
committee urges the OIG to focus on increasing the number and
quality of direct hire personnel over the long-term, but the
committee also wants to ensure continuity and coverage over
immediate priorities, which the authorized exemptions would
address. This includes:
The OIG's increased requirements to provide oversight on a
global basis, with field operations in place to pre-
position experienced inspectors, auditors and
investigators concentrated in crisis, conflict, and
post-conflict regions.
The OIG's unique challenges stemming from its position as a
relatively small IG organization that must meet
statutory requirements for significant global presence.
To help meet the challenge of recruiting and retaining
superior talent for numerous overseas assignments,
these exemptions will provide managers with critical
hiring flexibility for recruitment and an important
tool for retention.
A continued need to hire personal services contractors not
only for post audits and inspections and in crisis,
conflict and post-conflict regions, but to offset
domestic hiring difficulties of specialized talent,
such as information technology, civil engineers for
major audits and inspections and to respond to
increasing quick-reaction department and congressional
oversight requests not found in the current year plan.
Historically high turnover of personnel assigned to post-
conflict regions and the inability to hire recent
college graduates without using the 6- to 8-month long
federal hiring process. With these exemptions, OIG
would be better able to compete in a market that
features significantly higher salaries available in the
private sector and temporary federal organizations.
Retirement-driven talent drain, as the current government-
wide generation of 600,000 civil servants and Foreign
Service Officers leave active service over the next
four years, along with 64 percent of executives and
supervisors, according to the Partnership for Public
Service and the Government Accountability Office.
Without these exemptions, annuitants are generally only
available, as a practical matter, for 25-40 percent of
the work year, due to reduction-in-pay or offset
provisions. These exemptions would enable them to
continue work up to 100 percent of the federal work
year.
Because there is not an incentive for them to work even a
half-year, the OIG must maintain an unnecessarily large
inventory of annuitants for post, bureau and thematic
inspections due to the annuitants' reductions-in-pay
provisions. These exemptions would permit OIG to
maintain a smaller, but longer-working annuitant
workforce inventory, saving administrative costs.
Sec. 228. Personal services contractors.
This section provides for a pilot personal service
contractor program, similar to the one provided for the BBG in
section 504 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (P.L. 107-228). Such a program would enable the
Department to obtain the services of personal contractors in
the United States to respond to surge requirements and
personnel shortfalls and to protect scarce financial resources
by avoiding overhead payments to commercial contractors. The
program would terminate at the end of fiscal year 2014,
allowing Congress an evaluation period to determine whether
such domestic authority should be extended or made permanent. A
similar provision appears in H.R. 2410, which was passed by the
House of Representatives in the 111th Congress.
Sec. 229. Amendment of the Foreign Service Act of 1980.
This section strikes provisions of the Foreign Service Act
of 1980 related to procedures regarding the conduct of
Inspector General investigations.
Sec. 230. Office for Global Women's Issues.
This section authorizes the creation of the Ambassador-at-
Large for Global Women's Issues in the Department of State, as
well as the Office of Global Women's Issues within the Office
of the Secretary. Both entities currently exist, but have never
been established in law. Each administration has chosen to
manage ``women's issues'' differently with different levels of
priority and centrality to the issue.
This provision authorizes the Ambassador to coordinate and
advise on U.S. programs, policies, and funding regarding: (1)
gender integration, (2) women's and girls' economic, social and
legal development, protection, and improvement in role and
status in societies; and (3) prevention and response to
violence against women and girls, including child and forced
marriage. The Ambassador is also authorized to coordinate
within the inter-agency, and to collect and make publicly
available data on U.S. policies and programs regarding (1), (2)
and (3) above.
This provision states that nothing in this Act shall be
construed as affecting in any way existing statutory
prohibitions related to abortion or existing statutory
prohibitions on the use of funds to lobby for or against
abortion. The application of this clause is not limited to the
Office for Global Women's Issues; it applies to the bill as a
whole.
Sec. 231. Home leave.
This section authorizes the Department to pay travel
expenses for families to join Foreign Service members on home
leave when an employee returns from service at an unaccompanied
post. Under section 901 of the Foreign Service Act of 1980 (22
U.S.C. 4081), the Department may pay expenses related to the
travel of a member of the Foreign Service and his or her family
from a post of assignment to the member's designated home leave
location. The Department lacks clear authority, however, to pay
for home leave travel by the member's family when the family is
required to reside at another location while the member is
assigned to an unaccompanied post.
Sec. 232. Training support services.
This provision amends the Foreign Service Act of 1980 to
expand flexible personnel authorities that are currently
available for certain training specialists to cover other
individuals who provide services in direct support of the
Department's training program. Under current law, the
Department may hire (or contract for the services of)
linguists, language instructors, and other academic and
training specialists outside the competitive service hiring
system. The standing provision is limited, however, to
traditional categories of training specialists with academic
qualifications, such as instructors and language teachers. In
contrast, the standing provision does not cover the range of
specialists who support the vocational training program
conducted by the Foreign Service Institute (FSI), including
individuals with knowledge and skills that support academic
programs or that are specific to the foreign affairs community.
Sec. 233. Employment of minorities and women.
This section requires the Secretary of State to report to
Congress on issues related to the Department's employment of
minorities and women. The section also includes a Sense of
Congress language that the U.S. Government should promote the
participation of minorities and women in the Foreign Service,
and it mandates the State Department to write two reports
(covering FY2010, FY2011) on employment of women and minorities
in the Foreign Service, including supporting data.
Sec. 301. Promoting assignments to international organizations.
This provision includes a Sense of Congress to encourage
the Department to staff United States missions to the United
Nations with appropriately qualified personnel and to develop a
cadre of officers with specialized expertise in multilateral
diplomacy.
Sec. 302. Synchronization of United States contributions to
international organizations.
This provision directs the President to transmit to the
appropriate congressional committees a plan by the United
States to resume the payment of its full contributions to
certain international organizations at the beginning of each
calendar year.
Sec. 303. Peacekeeping contributions.
This provision would permanently raise the statutory cap,
originally established in 1994, on the U.S. share of assessed
contributions for each UN peacekeeping operation from 25
percent to 27.5 percent beginning with assessments in calendar
year 2010.
Absent an increase in this cap, the United States cannot
pay its UN peacekeeping assessments in full starting in
calendar year 2010, resulting in the accrual of unpaid dues.
While the cap has been temporarily raised at various times and
at different rates in years past, these have only been
temporary. The committee believes it is appropriate to
permanently raise, but not eliminate the cap in order to ensure
better budgeting.
Sec. 304. Buying power maintenance, international organizations.
This provision amends the State Department Basic
Authorities Act of 1956 to provide for a new account and
related authorities to help the Department offset the impact of
adverse exchange rate fluctuations on the Contributions to
International Organizations (CIO) account. Specifically, the
provision would authorize the establishment of a new, no-year
``Buying Power Maintenance, International Organizations''
account. It would also authorize the Department to:
Transfer funds to the new account from the CIO account in
the event that the funds in the account exceed the
needs of the activities funded from the account because
of favorable exchange rate changes;
Transfer funds from the new account to the CIO account when
adverse exchange rate changes cause the funds in the
CIO account to fall below anticipated needs; and
Transfer expired, unobligated balances into the new
account, subject to compliance with congressional
notification requirements and a $100 million cap. This
authority would apply to funds appropriated or
otherwise made available after fiscal year 2009.
The CIO account is highly vulnerable to foreign exchange
rate fluctuations by virtue of the fact that 34 of the 45
organizations funded through the account assess member states
in currencies other than the U.S. dollar. Each year, these
foreign currency assessments comprise approximately one third
of the total funding requirement for the account. The decline
of the dollar resulted in exchange rate losses on these
assessments of approximately $70 million in FY2008. Without a
source of funding to cover these losses, the Department was
unable to meet its requirements in full and went into arrears
on CY 2007 assessments at several organizations. This provision
would operate similar to section 24 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2696) and 10 U.S.C.
2779, which provide the State Department and the Department of
Defense, respectively, with authority to transfer funds to a
foreign currency fluctuations account, subject to certain
limitations.
Sec. 305. United States participation in the Inter-Parliamentary Union.
This section would authorize the Secretary of State to
request funds for the United States to rejoin the Inter-
Parliamentary Union (IPU). U.S. dues to the IPU would be
assessed at 15 percent, approximately $1.9 million for 2010.
Similar authorization language was drafted and referred to both
the House and Senate appropriations committee and is being
considered for potential inclusion in the FY2010 budget.
This provision is not an authorization of funds and any
funds for IPU contributions would need to go through the
regular authorization/appropriation process.
It is the committee's intent that funds for any future
contributions to the IPU should not come at the expense of
funding levels for contributions to other international
organizations currently funded through the CIO account.
In April 2009, a House delegation of five members led by
Rep. Russ Carnahan attended the 120th Assembly of the IPU in
order to weigh the benefits of rejoining. This delegation came
away with a strong recommendation for the United States to
rejoin. They mentioned the policy of engagement espoused by the
Obama administration, and that American presence at the IPU
would be a visible manifestation of mutually respectful foreign
policy.
Members of the committee's majority staff, together with
members of the staff of the House Foreign Affairs Committee,
traveled to the IPU Assembly in Geneva in October 2009. Their
visit confirmed these findings and reported that the US would
benefit by engaging with parliamentarians in the IPU and
exercising political leadership in the organization as part of
its efforts to promote peace, development and democratic
practice around the world.
Sec. 306. Provision of living quarters and allowances to the United
States representatives to the United Nations.
This provision increases the number and availability of
living quarters in New York leased or rented by United States
for Foreign Service personnel, along with related provisions.
Sec. 307. Recruitment and retention of United States citizens in
international organizations.
The committee urges the Department to improve its efforts
to recruit and place U.S. citizens in international
organizations and international financial institutions. This
not only entails greater placement of U.S. citizens in
professional and senior-level positions, but it also means
establishing a more consistent recruiting and placement
pipeline for entry-level professionals as well, in order to
develop a cadre of U.S. citizens who can form the future
professional corps of these institutions.
This section directs the Secretary of State to develop and
maintain a roster of suitable U.S professionals for vacant
posts at the United Nations and related international
organizations, and it directs the Secretary of Treasury, in
coordination with the Secretary of State, to develop and
maintain a roster of suitable U.S professionals for vacant
posts at the World Bank and related international financial
institutions. The provision also encourages the Secretary to
consider establishing a Junior Professional Officers and
Associate Expert program, similar to the support provided to
such positions by Austria, Canada, Switzerland, and the United
Kingdom.
Sec. 308. United States membership in the International Renewable
Energy Agency.
This provision authorizes U.S. membership in the
International Renewable Energy Agency.
Sec. 401. Limitation on assistance to governments of countries in
default.
This section harmonizes language in an existing restriction
in the Foreign Assistance Act of 1961 (P.L. 87-195) on
assistance to countries in default on loans to the United
States with language contained in a similar provision that has
been included in the general provisions section of past foreign
operations appropriations bills for many years.
Sec. 402. Increased authority to provide assistance for law enforcement
forces.
This section amends Section 660 of the Foreign Assistance
Act of 1961 (P.L. 87-195, 22 U.S.C. 2420) to provide greater
flexibility for U.S. foreign assistance programs relating to
foreign law enforcement forces.
It adds new exemptions to Section 660 of the Foreign
Assistance Act, which otherwise prohibits providing assistance
under the Foreign Assistance Act to provide training or advice,
or provide any financial support for police, prisons, or other
law enforcement forces for any foreign government.
A well-trained, legitimate and accountable police force is
an essential precondition for a stable, well-governed country.
U.S. civilian agencies can provide important human rights,
governance and humanitarian training and assistance to foreign
police forces.
In the 1960s and 1970s, U.S. assistance and training of
foreign police came under criticism that U.S.-provided
equipment and trainees were implicated in human rights abuses.
In response, the Congress passed Section 660 of the FAA,
prohibiting police training conducted abroad.
Over the years, Section 660 has been modified repeatedly,
and a patchwork of agencies and programs now provide some
training abroad for specific purposes. The unfortunate result
has been inconsistent and convoluted interpretation and
application of this provision by relevant civilian agencies,
especially USAID.
This section adds exemptions to Section 660 to allow
assistance to law enforcement forces for the following
purposes:
To foster civilian police roles that support democratic
governance and improved police-community relations;
To combat trafficking in persons, address sexual and
gender-based violence, reduce corruption, prevent
conflict, and respond to disasters;
To address inhumane conditions in prisons and other
detention facilities administered by foreign
governments that are making efforts to address the
health, sanitation, nutrition, and other basic needs of
prisoners;
To assist prisoners for humanitarian or development
purposes; and
To support humanitarian operations and activities.
The bill also expands an existing exemption for assistance
to governmental entities emerging from stability to include
regional, district, municipal, and other subnational entities.
Sec. 403. Building public awareness and dialogue.
The section amends the Foreign Assistance Act of 1961 to
authorize limited use of foreign assistance funds for programs
to explain to the U.S. public the purpose, goals and objectives
of development and assistance, and reflects the recommendations
enumerated in the Helping to Enhance the Livelihood of People
Around the Globe Commission (HELP Commission) report, issued in
December 2007, which encourages Executive agencies to more
fully explain United States development activities to the
American public in order to raise the public's understanding
about and support for foreign assistance.
Sec. 404. Exception to certain multiple award contract requirements.
This section amends the Foreign Assistance Act of 1961 to
encourage the Administrator of USAID to make an exception to
the fair opportunity process for placing task orders when such
order is placed with any category of small or small
disadvantaged business. A similar provision has been carried
over foreign operations appropriations legislation for many
years.
Sec. 405. Millennium challenge assistance.
The committee supports the MCC model and its mandate to
fight global poverty through economic growth. The core
principles upon which the MCC was founded--competitive
selection of countries based on policy performance across
independent and transparent indicators, country ownership of
compact design and development, and country-led implementation
of compacts--have allowed the MCC to become a development
innovator.
The MCC has been given appropriate institutional space to
develop its own systems, concepts and policies, separate from
other U.S. development agencies. U.S. foreign assistance would
benefit from improved coordination between the MCC, USAID,
State and other agencies undertaking development activities,
but the committee is not in favor of merger or consolidation.
The committee understands an initial review of the role,
purpose and scope of the threshold program is nearing
completion. The committee believes that the threshold program,
as it stands, requires significant overhaul and substantial
rethinking. The committee is not convinced that the program is
achieving the goals and objectives it was originally created to
accomplish. A comprehensive review of the goal, purpose and
utility of the threshold program is in order, and the committee
is open to fairly wide changes that would modify the threshold
program's mandate and implementation.
The committee believes the threshold program can play an
important role as an innovative laboratory for new development
ideas and concepts that may eventually make their way into
larger compact programs (but still require further research and
development prior to scaling up). In general, the committee
believes that the MCC should consider and incorporate new and
innovative models for the compact program and how it delivers
assistance but should not completely delink from the
opportunity to help a country improve its indicators to become
eligible in the future for MCC funding. Many compacts feature
similar projects and identical models of delivery that rely
excessively on government institutions to solicit project
ideas, develop programs and implement compacts. A greater
emphasis on civil society and the private sector to generate
project ideas and undertake implementation, as well as a
greater receptivity to considering bold and creative project
ideas, would be in keeping with the MCC's mandate. At the same
time, the committee recognizes that the MCC enjoys a
comparative advantage when it comes to implementing economic
growth programs and large-scale infrastructure related
projects. MCC should build from this strength, not move away
from it.
The committee believes the legislative text included in S.
2971 is necessary to address key changes affecting the MCC's
operations and to maximize its mission of reducing poverty
through sustained economic growth in poor countries that are
committed to sound governance requirements, as set forth in the
Millennium Challenge Act of 2003 (P.L. 108-199). This provision
will enable the MCC to enter into separate concurrent compacts
with partner countries, which will allow the agency to move
forward with projects as they become ready and to leverage
additional resources from partnerships with the private sector
and nongovernmental organizations. Further, having the
authority to enter into concurrent compacts will improve MCC's
ability to manage its compact pipeline with greater
predictability, provide opportunity for innovation, and serve
as an added incentive for policy reforms. It will also allow
for smaller, staggered agreements and more certainty in the
budget process.
The provision will also give the MCC the authority, after
approval by the MCC's Board of Directors, to partner with
countries and extend the duration of a five-year compact term
for two additional years. Having a definite compact term is
generally considered a best practice for effective foreign
assistance; however, in certain exceptional cases, large-scale
projects cannot be completed within the mandated five-years,
particularly given the MCC's emphasis on country-led
implementation, high due diligence standards, and the desire to
partner with private sector and nongovernmental organizations.
Finally, the provision will reform the agency's methodology
for choosing candidate countries by addressing abrupt changes
in country income categories. They also will enable the MCC to
maintain a highly selective approach for identifying eligible
partner countries from a competitive candidate pool. The MCC is
an important U.S. Government foreign assistance agency designed
to work with poor, but also well-governed countries. The
committee believes these reforms will ensure that the MCC will
continue to partner with poor, well-governed countries in the
future, and that partnerships will remain based on a commitment
to sound policy--not abruptly halted by fluctuations in
economic statistics.
The committee believes these changes in the MCC's
authorities are necessary to address key changes affecting its
operations and to maximize its mission of reducing poverty
through sustained economic growth in poor countries that are
committed to sound governance requirements, as set forth in the
Millennium Challenge Act of 2003.
Sec. 406. Enhancing the capacity of the Office of the Inspector General
for the United States Agency for International Development.
This provision was requested by the Office of Inspector
General for USAID. It contains three legislative changes,
providing greater flexibility to hire reemployed annuitants for
critical priority posts in Iraq, Afghanistan and Pakistan,
greater flexibility to hire personal services contractors, and
pay parity between civil service and foreign service criminal
investigators.
The committee believes that the demands for oversight of
USAID's operations in Iraq, Pakistan, and Afghanistan have
strained the OIG's personnel resources. The OIG has been unable
to meet needs for experienced and well-qualified auditors and
investigators in those countries by relying exclusively on
Civil Service and Foreign Service personnel. The provision
provides the Inspector General with limited discretion to hire
reemployed annuitants and personal services contractors under
the following conditions:
The Inspector General determines that it is impractical to
recruit a sufficient number of Civil Service or Foreign
Service employees to perform necessary overseas work.
The contract length for a personal services contractor,
including options, may not exceed 2 years, unless the
Inspector General determines that exceptional
circumstances justify an extension of up to 1
additional year.
The number of personal services contractors may not exceed
five percent of the OIG total combined Civil Service
and Foreign Service authorized workforce FTEs.
This section also corrects a pay disparity between Civil
Service and Foreign Service criminal investigators at USAID
OIG.
Civil Service criminal investigators in the 1811 job
series, which is the General Service category for law
enforcement jobs, are eligible for and receive a 25 percent pay
supplemental in the form of Law Enforcement Availability Pay
(LEAP) under 5 U.S.C. 5545. Commissioned Foreign Service
criminal investigators in the 1811 job series are prohibited
from earning LEAP, however, because ``a Foreign Service
officer'' is excluded from the definition of ``employee'' in 5
U.S.C. 5541 for purposes of 5 U.S.C. 5545(a).
Sec. 407. Prohibitions on foreign assistance for the production of
certain agricultural commodities.
The committee believes it is of the highest priority to
ensure that U.S. farmers and agricultural producers do not face
substantial injury or competition from foreign competitors that
receive assistance from U.S. development programs. But the
committee also believes that the best way to protect U.S.
producers while assisting the poorest countries in the world is
to provide more specificity to what otherwise is a blanket
prohibition that requires a laborious, time-consuming and
difficult certification process. The committee consulted with
numerous stakeholders, including domestic commodity groups,
NGOs, U.S. Government officials, and policy experts in order to
craft a reasonable compromise. The provision included in this
Act intends to exempt certain low income countries from having
to undergo a difficult certification process that they are not
competing with U.S. farmers and would allow them to qualify for
agricultural assistance from the United States on the following
conditions:
Must be eligible for assistance from the International
Development Association
Must not be eligible for assistance from the International
Bank for Reconstruction and Development; and
Must not export on a consistent basis the agricultural
commodity with respect to which assistance is
furnished.
The committee believes this language allows for an
appropriate balance between protecting U.S. agricultural
interests while providing greater food security for the poorest
countries in the world.
Sec. 408. Sense of Congress relating to transparency for extractive
industries.
This section expresses the Sense of the Congress that the
President should work with foreign governments to establish
domestic requirements that companies under the jurisdiction of
each government publicly disclose any payments made to a
government relating to the commercial development of oil,
natural gas, and minerals, and that the United States
Government should commit to global leadership of transparency
in extractive industries.
Sec. 409. Sense of Congress Regarding Central Asia.
This section expresses the Sense of the Congress that it is
critical for the United States to continue to engage with the
countries of Central Asia to further democracy, human rights,
and economic prosperity, including engaging in regional
economic integration efforts with Afghanistan and South Asia.
Sec. 410. Sense of Congress on global Internet freedom.
This section expresses the Sense of the Congress that
global Internet access and freedom are foreign policy
priorities of the United States. It further states that the
United States should help expand Internet access and support
the free flow of information over the Internet and other forms
of connective technology worldwide, especially in countries
where this is limited.
Sec. 411. Global Health Initiative
The committee supports the principles of the Global Health
Initiative (GHI) and regards the undertaking as an opportunity
to build upon and expand proven advances in combating HIV/AIDS
and malaria, and to promote further advances in global health,
in accordance with the Tom Lantos and Henry J. Hyde United
States Global Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Reauthorization Act of 2008 (P.L. 110-293). This
proposed six year, $63 billion initiative places particular
emphasis on women and girls and seeks to create a more holistic
approach to fighting disease and helping countries build health
systems. The committee also emphasizes the particular
importance of maintaining and expanding the progress made today
in the fight against HIV/AIDS in terms of both access to
treatment and support for effective prevention programs.
While the GHI will apply in every nation that receives U.S.
global health funding, there will also be an intensified effort
in a limited number of ``GHI Plus'' countries that will provide
additional opportunities for impact, evaluation, and
partnership with governments. These countries will receive
additional technical and managerial support, as well as limited
financial resources, to allow for accelerated implementation
and assessment of the GHI business model.
The experience of the President's Emergency Plan for AIDS
Relief (PEPFAR) has demonstrated the importance of effective
in-country coordination and management of the interagency
process. Drawing on these lessons, this provision states that a
full-time country level coordinator with management experience
should head the interagency country team for U.S. missions in
each GHI Plus country.
The provision also directs the President to submit a report
describing the implementation of the GHI to the appropriate
congressional committees. The report must assess the progress
made toward implementing the GHI's core goals in implementing a
women and girl centered approach; increasing the impact of
health programs; leveraging and strengthening multilateral and
private sector partnerships; encouraging country ownership;
supporting sustainable health systems; improving metrics,
monitoring, and evaluation; and promoting research and
innovation. Second, the report should contain a detailed
description of the GHI programs and practices in each of the
GHI Plus countries. Third, there should be an aggregated
assessment of progress made toward the declared targets of the
Global Health Initiative. Fourth, the report needs to include a
discussion of metrics to be used to measure progress toward
those declared targets. The report is due two years after
enactment of this Act, in order to allow for more reflective
evaluation.
Sec. 412. Discrimination related to sexual orientation.
This provision directs the Department to track
international violence or criminalization related to sexual
orientation, it directs the Department to appropriately
encourage the governments of other countries to reform or
repeal laws of such countries criminalizing homosexuality, it
amends the annual country reports on human rights practices to
include violence or discrimination related to sexual
orientation, and it authorizes training for Foreign Service
Officers on identifying violence or discrimination that affects
the fundamental freedoms, consistent with United States law, of
an individual that is based on actual or perceived sexual
orientation and gender identity.
TITLE V--PEACE CORPS IMPROVEMENT AND EXPANSION
This title is intended to promote an improved and expanded
Peace Corps for the 21st Century. It requires the Director of
the Peace Corps to assess, develop a strategic plan for, and
report to the appropriate congressional committees how best to:
(1) strengthen Peace Corps management capabilities and program
effectiveness; (2) expand volunteer opportunities; and (3)
increase the size of the Peace Corps. It also states the Sense
of Congress that the President should not make more than 15
concurrent appointments under the Peace Corps Act.
IV. Minority Views
MINORITY VIEWS OF SENATORS DEMINT, RISCH, AND INHOFE
Foreign Service pay raise.
We have significant reservations about the pay increase for
Foreign Service Officers (FSOs) in this bill. Section 212 would
increase the base pay for Foreign Service Officers serving
overseas, totaling an average of a 36 percent raise (not
including other taxpayer funded benefits). The State Department
has not demonstrated a need for this large increase. FSO
positions remain highly competitive, and thousands of
applicants are turned away each year. Officers serving abroad
also may be eligible for additional benefits, including danger
pay, hardship and service need differentials. In addition, this
benefit does not account for the substantial subsidy FSOs
receive in free housing. While we appreciate the important work
done by our Foreign Service, this proposed base pay raise seems
excessive given the country's increasing national debt and high
unemployment rate.
U.N. peacekeeping budget.
In 1994, Congress enacted a law prohibiting the United
States from paying more than 25 percent of annual United
Nations peacekeeping costs. Section 303 of S. 2971 would
increase the cap on United States contributions to the United
Nations peacekeeping budget, from 25 percent to 27.5 percent,
per year. The United Nations has yet to make meaningful steps
to address peacekeeping problems highlighted in the Helms-Biden
Act of 1999. Waste, fraud, corruption, allegations of serious
crimes, and general ineffectiveness have plagued U.N.
peacekeeping missions. Despite these problems, the United
States continues to increase funding levels without realizing
needed reforms. At a time when American taxpayers face
staggering unemployment and record debts, Congress should not
be asking them to increase funding for another international
program in need of immediate reform.
V. Cost Estimate
In accordance with Rule XXVI, paragraph 11(a) of the
Standing Rules of the Senate, the committee provides this
estimate of the costs of this legislation prepared by the
Congressional Budget Office.
United States Congress,
Congressional Budget Office,
Washington, DC, August 25, 2010.
Hon. John F. Kerry,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for S. 2971, the Foreign
Relations Authorization Act, Fiscal Years 2010 and 2011.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Sunita
D'Monte.
Sincerely,
Douglas W. Elmendorf,
Director.
Enclosure
cc: Honorable Richard G. Lugar.
Ranking Minority Member.
------
Congressional Budget Office Cost Estimate
August 25, 2010.
S. 2971
Foreign Relations Authorization Act,
Fiscal Years 2010 and 2011
AS ORDERED REPORTED BY THE SENATE COMMITTEE ON FOREIGN RELATIONS ON
APRIL 27, 2010
Summary
S. 2971 would authorize appropriations for the Department
of State, international broadcasting activities, international
assistance programs, and related agencies. CBO estimates that
implementing the bill would cost $24.3 billion over the 2011-
2015 period, assuming appropriation of the specified and
estimated amounts. In addition, CBO estimates that enacting the
bill would increase direct spending by $53 million over the
2011-2020 period.\1\ Enacting the bill would not affect
revenues.
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\1\Different time periods apply in the Senate for its pay-as-you-go
rule. CBO estimates that enacting S. 2971 would increase direct
spending by $22 million over the 2011-2014 period and $48 million over
the 2011-2019 period.
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Pay-as-you-go procedures apply because enacting the
legislation would affect direct spending.
S. 2971 would impose intergovernmental and private-sector
mandates, as defined in the Unfunded Mandates Reform Act
(UMRA), by eliminating an existing right of action and
establishing additional circumstances under which entities
could be compelled to provide testimony or documents. It also
would impose an additional intergovernmental mandate by
preempting state liability laws. CBO estimates that the total
costs to public and private entities would fall below the
annual thresholds established in UMRA for intergovernmental and
private-sector mandates ($70 million and $141 million in 2010,
respectively, adjusted annually for inflation).
Estimated Cost to the Federal Government
The estimated budgetary impact of S. 2971 is shown in Table
1. The costs of this legislation fall within budget functions
150 (international affairs), 300 (natural resources and
environment), 550 (health), 600 (income security), and 750
(administration of justice).
Table 1. Budgetary Impact of S. 2971, the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING
SUBJECT TO APPROPRIATION
Department of State and Related Agencies
Authorization Level.............................. 19,235 0 0 0 0 19,235
Estimated Outlays................................ 12,260 3,952 1,700 607 274 18,793
Personnel Programs
Estimated Authorization Level.................... 226 828 901 969 1,017 3,942
Estimated Outlays................................ 159 623 839 937 994 3,552
Contributions to International Organizations
Estimated Authorization Level.................... 1,298 7 7 7 7 1,326
Estimated Outlays................................ 1,298 7 7 7 7 1,326
Emergency Refugee and Migration Assistance
Estimated Authorization Level.................... 100 100 100 100 100 500
Estimated Outlays................................ 10 100 100 100 100 410
Radio Free Asia
Estimated Authorization Level.................... 0 38 39 40 41 158
Estimated Outlays................................ 0 32 38 40 41 151
Science and Technology Fellowships
Estimated Authorization Level.................... 0 6 6 6 6 24
Estimated Outlays................................ 0 3 5 6 6 20
Office for Global Women's Issues
Estimated Authorization Level.................... 0 3 3 3 3 12
Estimated Outlays................................ 0 2 3 3 3 11
Foreign Assistance Awareness and Dialogue
Authorization Level.............................. 1 1 1 1 1 5
Estimated Outlays................................ * * 1 1 1 3
Other Provisions
Estimated Authorization Level.................... 1 1 1 1 1 5
Estimated Outlays................................ 1 1 1 1 1 5
----------------------------------------------------------------------------------------------------------------
Total Changes in Spending Subject to
Appropriation
Estimated Authorization Level................ 20,861 984 1,058 1,127 1,176 25,207
Estimated Outlays............................ 13,728 4,720 2,694 1,702 1,427 24,271
================================================================================================================
CHANGES IN DIRECT
SPENDING\1\
Millennium Challenge Corporation
Estimated Budget Authority....................... 0 0 0 0 0 0
Estimated Outlays................................ 5 5 5 5 5 25
Reimbursements for Use of Government Vehicles
Estimated Budget Authority....................... * * * * * 2
Estimated Outlays................................ * * * * * 2
Visa Ineligibility
Estimated Budget Authority....................... * * * * * *
Estimated Outlays................................ * * * * * *
----------------------------------------------------------------------------------------------------------------
Total Changes in Direct Spending
Estimated Budget Authority................... * * * * * 2
Estimated Outlays............................ 5 5 5 5 5 27
----------------------------------------------------------------------------------------------------------------
Notes: * = less than $500,000.
Components may not add to totals because of rounding.
\1\ In addition to the changes in direct spending shown above, S. 2971 would have effects beyond 2015. CBO
estimates that over the 2011-2020 period, the bill would increase direct spending by $53 million.
Basis of Estimate
Most of the bill's budgetary impact would stem from
authorizations for the Department of State, international
broadcasting activities, international assistance programs, and
related 4 agencies. For most programs, the bill would authorize
specific amounts for 2011 that are identical to the President's
request for 2011. The bill also contains provisions that would
affect direct spending, primarily from increasing spending from
existing appropriations.
For this estimate, CBO assumes the legislation will be
enacted near the beginning of fiscal year 2011, that the
specified and estimated authorizations will be appropriated
each fiscal year, and that outlays will follow historical
spending patterns for similar and existing programs. (CBO also
assumes that no further appropriations will be provided for
those purposes in the current fiscal year, which ends on
September 30, 2010.)
Spending Subject to Appropriation
The bill contains provisions that would affect spending for
Department of State personnel, contributions to international
organizations and commissions, international assistance
programs, and related agencies. In total, CBO estimates that
implementing the bill would cost $24.3 billion over the 2011-
2015 period, assuming appropriation of the specified and
estimated amounts.
Department of State and Related Agencies. Most of the
authorizations of appropriations in Title VI of the bill would
cover the operating expenses and other ongoing programs and
activities of the Department of State, the Broadcasting Board
of Governors (BBG), the Peace Corps, and related agencies--a
total of $19.3 billion in 2011. CBO estimates that, in total,
implementing those provisions would cost almost $19 billion
over the 2011-2015 period, assuming appropriation of the
specified amounts. In 2010, $19.6 billion was provided for
those purposes.
Administration of Foreign Affairs. Section 601 would
authorize the appropriation of $12.4 billion in 2011 for the
department's operating expenses and programs. We estimate that
implementing those provisions would cost almost $12 billion
over the 2011-2015 period.
Contributions to International Organizations and
Commissions. Sections 602 and 603 would authorize the
appropriation of almost $4 billion in 2011 for contributions to
international organizations, international peacekeeping
activities, and various international commissions. In total,
CBO estimates that making those contributions would cost almost
$4 billion over the 2011-2015 period.
The bill also would authorize such additional amounts as
may be necessary in 2011 to offset adverse fluctuations in
foreign exchange rates that might affect contributions to
international organizations. Currency fluctuations are
difficult to project. Therefore, CBO estimates no additional
amounts to offset adverse currency fluctuations.
Migration and Refugee Assistance. Section 604 would
authorize the appropriation of more than $1.6 billion in 2011
for migration and refugee assistance programs. CBO estimates
that implementing those programs would cost more than $1.6
billion over the 2011-2015 period.
International Broadcasting Programs. Section 611 would
authorize the appropriation of a total of $769 million in 2011
for international broadcasting operations and capital
improvements. In total, CBO estimates that implementing those
programs would cost $765 million over the 2011-2015 period.
Peace Corps. Section 621 would authorize the appropriation
of $446 million in 2011 to carry out the purposes of the Peace
Corps, to assess how best to reform and expand the size of the
Peace Corps, and to develop and report on a strategic plan
towards those ends. CBO estimates that implementing the Peace
Corps program would cost $444 million over the 2011-2015
period.
Centers and Foundations. Section 605 would authorize the
appropriation for 2011 of $105 million for the National
Endowment for Democracy, $16 million for the Asia Foundation,
and $11 million for the East-West Center. In total, CBO
estimates that providing funding for those centers and
foundations would cost $132 million over the 2011-2013 period.
Personnel Programs. Several provisions of the bill would
affect personnel costs at the Department of State, the U.S.
Agency for International Development (USAID), and other
agencies. As shown in table 2, CBO estimates that implementing
those provisions would cost almost $3.6 billion over the 2011-
2015 period, assuming appropriation of the estimated amounts.
Pay for Overseas Postings. Section 212 would increase
compensation for Foreign Service officers (FSOs) who are not
members of the Senior Foreign Service and are posted overseas.
Under current law, FSOs based in the United States receive
comparability pay in addition to their base pay, to reduce the
disparity between federal and nonfederal workers. FSOs who are
posted overseas only receive a portion of those amounts in
addition to their base pay. (Members of the Senior Foreign
Service are compensated under a pay-for-performance system that
does not differentiate pay by posting).
Under the bill, starting in fiscal year 2011, FSOs who are
posted overseas would be paid the same comparability pay
received by FSOs posted in Washington, D.C. Such pay
represented about 19 percent of total basic pay in 2010.
(Section 212 would not increase retirement benefits, because
FSOs who retire from overseas postings have their annuities
calculated as though their official duty station had been
Washington, D.C.)
Over 85 percent of FSOs--roughly 15,000--work for the
Department of State. The President's request for 2011, which is
identical to the amounts authorized in section 601 for that
year, already includes funding for comparability pay for the
Department of State's FSOs for 2011. Thus, for the Department
of State, we only address additional pay for the 2012-2015
period.
Table 2. Components of Discretionary Spending for Personnel Programs Under S. 2971
By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
2011 2012 2013 2014 2015 2011-2015
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING
SUBJECT TO APPROPRIATION
Pay for Overseas Postings
Estimated Authorization Level.................... 61 435 485 543 610 2,134
Estimated Outlays................................ 43 323 470 526 590 1,952
Foreign Service Expansion
Estimated Authorization Level.................... 164 362 369 377 389 1,661
Estimated Outlays................................ 115 279 332 366 377 1,469
Personnel Service Contractors
Estimated Authorization Level.................... 0 15 31 32 0 78
Estimated Outlays................................ 0 10 23 29 10 72
Reemployment of Annuitants
Estimated Authorization Level.................... 0 15 15 16 17 63
Estimated Outlays................................ 0 10 13 15 16 54
Enhanced Personnel Authorities for Inspector
General of USAID
Estimated Authorization Level.................... 1 1 1 1 1 6
Estimated Outlays................................ 1 1 1 1 1 5
----------------------------------------------------------------------------------------------------------------
Total Changes in Personnel Programs
Estimated Authorization Level................ 226 828 901 969 1,017 3,942
Estimated Outlays............................ 159 623 839 937 994 3,552
----------------------------------------------------------------------------------------------------------------
Note: Components may not add to totals because of rounding.
Based on information from the department, CBO estimates
that roughly 9,300 FSOs are posted overseas in 2010 and have an
average basic pay of about $77,000. In comparison, FSOs posted
in Washington, D.C., have an average basic pay of about
$94,800--a difference of almost $18,000 a year. After adjusting
for expected growth in comparability pay (on average, about 8
percent a year over the past five years), inflation, and
anticipated growth in the Foreign Service (as specified in
section 201 below), CBO estimates that fully eliminating the
difference between pay for overseas and D.C. postings for those
FSOs would cost $150 million in 2012. That increase in basic
pay also would lead to an increase in other benefits paid to
FSOs, such as life insurance, health insurance, hardship pay,
and danger pay. According to the Department of State, those
types of compensation have historically averaged about 71
percent of basic pay. Therefore, CBO estimates that under the
bill, in 2012, the department would pay an additional $107
million in other compensation, for a total cost of $257 million
that year and $1.6 billion over the 2012-2015 period.
Slightly more than 2,000 FSOs are employed by USAID and
other agencies; CBO estimates roughly 1,500 are currently
posted overseas. After adjusting for expected growth in
comparability pay, inflation, and anticipated growth in USAID's
Foreign Service (as specified in section 201 below), CBO
estimates that fully eliminating the difference between pay for
overseas and D.C. postings for those FSOs would cost $25
million in basic pay and an additional $18 million in other
compensation, for a total cost in 2011 of $43 million and $356
million over the 2011-2015 period.
In total, CBO estimates the costs for implementing this
section would total almost $2 billion over the 2011-2015
period, in addition to the amounts authorized under section
601.
Foreign Service Expansion. Section 201 would authorize the
Department of State and USAID to hire additional FSOs. The
increase proposed for 2010 (750 additional FSOs for the
Department of State and 350 additional FSOs for USAID) is
consistent with amounts provided by the Consolidated
Appropriations Act, 2010 (Public Law 111-17). CBO estimates no
additional funding would be provided this year for Foreign
Service expansion.
The bill would authorize the Department of State to hire
750 additional FSOs for fiscal year 2011. The President's
request for 2011 for the department's operating expenses
includes funding for 410 additional FSOs and section 601 of the
bill authorizes the appropriation of the necessary amounts. CBO
expects that the department would hire the remaining 340 FSOs
in 2012. Adjusting for inflation beyond 2011, CBO estimates
that implementing that provision would cost $810 million over
the 2012-2015 period.
The proposed increase of 350 additional FSOs for USAID for
fiscal year 2011 is greater than the President's request for
200 additional FSOs for 2011. To cover the salaries and other
personnel expenses of 350 junior and mid-level FSOs, CBO
estimates this provision would require appropriations of $131
million in 2011. Because USAID also would need to increase its
overseas office space to accommodate this increase in the
workforce, CBO estimates an additional authorization of
appropriations of $33 million would be necessary for overseas
capital space expansion. Adjusting for inflation, CBO estimates
that implementing that provision would increase personnel costs
for USAID by $660 million over the 2011-2015 period.
After adjusting for inflation, CBO estimates the costs for
implementing this section would total almost $1.5 billion over
the 2011-2015 period, in addition to the amounts authorized
under section 601.
Personal Service Contractors. Section 228 would establish a
four-year pilot program allowing the department to hire up to
200 contractors (at any one time) to meet new or urgent needs.
The amounts required to implement the programs in 2011 are
included in the authorization of appropriations in section 601;
CBO estimates additional amounts would be required beginning in
2012 for this program. Based on information from the
department, CBO estimates that the department would hire 50
contractors in 2011 at an average annual cost of $150,000. We
expect those costs per contractor would increase with inflation
in subsequent years and that, under the pilot program, the
department would employ a total of 100 contractors in 2012 and
200 contractors each year in 2013 and 2014. On that basis, CBO
estimates that implementing this provision would cost $72
million over the 2011-2015 period, in addition to the amounts
authorized under section 601.
Reemployment of Annuitants. Section 223 would grant the
department greater flexibility in rehiring Foreign Service
annuitants on a temporary basis for positions that are hard to
fill. Under current law, when reemployed annuitants serve in
Iraq, Pakistan, or Afghanistan, the department may waive
requirements prohibiting those individuals from receiving their
annuity. That authority expires in 2010. The bill would
permanently extend the authority and broaden it by deleting the
restriction that employees must be serving in Iraq, Pakistan,
or Afghanistan. The amounts required to implement this
provision in 2011 are included in the authorization of
appropriations in section 601, and CBO estimates additional
amounts would be required beginning in 2012.
Based on information from the department, CBO estimates
that 30 additional annuitants would be employed under the bill
and posted overseas, at an annual cost of $500,000 each (that
amount includes costs for basic pay, travel, family support,
benefits, special pay such as hardship pay, and housing). After
adjusting for inflation, CBO estimates that implementing this
section would cost $54 million over the 2011-2015 period, in
addition to the amounts authorized under section 601.
Enhanced Personnel Authorities for the Inspector General of
USAID. Three provisions in section 406 would enhance personnel
authorities for USAID's Office of Inspector General (OIG). In
total, after adjusting for inflation, CBO estimates that
implementing this section would cost $5 million over the 2011-
2015 period.
First, it would provide the OIG with the flexibility to
temporarily reemploy annuitants for positions in Iraq,
Pakistan, and Afghanistan that are hard to fill. This authority
would expire at the beginning of fiscal year 2012, although
annuitants reemployed before that date would be allowed to
continue their employment through 2013. Based on information
from the OIG, CBO estimates that the office would reemploy five
annuitants at an annual average cost of about $110,000 per
annuitant.
Second, section 406 would authorize the OIG to hire
personal service contractors so long as such persons do not
exceed five percent of total office personnel. Based on
information from the OIG, CBO estimates that the office would
hire five contractors at an annual average cost of about
$110,000 per contractor.
Finally, section 406 would require pay parity for FSOs
serving as criminal investigators in the OIG with like
personnel at other agencies. Based on information from the OIG,
CBO estimates that additional personnel payments to provide
such parity would total less than $500,000 a year and total
about $1 million over the 2011-2015 period.
Contributions to International Organizations. In addition
to the amounts authorized in section 602 for contributions to
international organizations in 2011, section 302 would
authorize the appropriation of such sums as may be necessary to
synchronize assessed contributions to international
organizations to the budget year used by those organizations.
Under current law, such contributions are often a year late.
Based on information from the Department of State, CBO
estimates that implementing this provision would cost $1.3
billion in 2011, assuming appropriation of the estimated
amounts. There would be no subsequent costs once the payments
were synchronized.
Section 308 would authorize the President to make assessed
contributions to the International Renewable Energy Agency
(IRENA). Section 305 would authorize the Secretary of State to
facilitate the readmission and participation of the U.S. in the
Inter-Parliamentary Union (IPU) and to make contributions to
meet the obligations of membership. The authorization of
appropriations in section 602 includes $5 million in 2011 for
contributions to IRENA, but does not include funding for the
IPU. The department expects that assessed contributions to the
IPU would be $2 million a year over the 2011-2015 period. After
adjusting for inflation and assuming appropriation of the
estimated amounts, CBO estimates implementing those two
provisions would cost $30 million over the 2011-2015 period, in
addition to amounts authorized in section 602.
Emergency Refugee and Migration Assistance. Section 114
would raise the limit on appropriations for the Emergency
Refugee and Migration Assistance (ERMA) Fund from $100 million
to $200 million (when added to amounts previously appropriated
to the Fund but not yet obligated). The effect of section 114
would be to authorize the appropriation of an additional $100
million to the ERMA Fund in any fiscal year. CBO estimates that
providing those additional amounts to the ERMA Fund would cost
$410 million over the 2011-2015 period, assuming appropriation
of the authorized amounts.
Radio Free Asia. Section 124 would permanently extend the
authorization for Radio Free Asia (RFA). Under current law, the
authorization for RFA expires at the end of fiscal year 2010.
The authorization of appropriations for international
broadcasting operations in section 611 includes amounts for RFA
in 2011. Based on the President's request for 2011 and after
adjusting for inflation, CBO estimates that implementing this
section would cost $151 million over the 2012-2015 period,
assuming appropriation of the estimated amounts.
Science and Technology Fellowships. Section 128 would
authorize the Secretary of State to establish new educational
or cultural exchange programs or expand existing programs for
individuals in the fields of science, medicine, research, and
academia. Based on information from the State Department, CBO
estimates that the department would expand participation in
existing exchange programs by about 100 people at an annual
cost of $40,000 per participant. Additionally, section 128
would authorize the Secretary of State to award up to $2
million a year for grants and cooperative agreements related to
science and technology fellowship programs. The amounts
required to implement both programs in 2011 are included in the
authorization of appropriations in section 601, and CBO
estimates additional amounts would be required beginning in
2012. In total, and adjusting for inflation, CBO estimates that
implementing those programs would cost $20 million over the
2011-2015 period, assuming appropriation of the estimated
amounts.
Office for Global Women's Issues. Section 230 would
establish a new office focused on global women's issues, led by
an Ambassador-at-Large who would be appointed by the President.
Such an office already exists and the President has requested
$3 million in funding for the office in 2011. That amount is
included in the authorization of appropriations for the
department's operating expenses in section 601. Because no
amounts are authorized for future years, CBO estimates
additional amounts would be required beginning in 2012. Thus,
CBO estimates implementing this section would cost $11 million
over the 2012-2015 period, assuming appropriation of the
estimated amounts.
Foreign Assistance Awareness and Dialogue. Section 403
would authorize the Administrator of USAID to spend an
additional $1 million a year for public relations efforts on
behalf of foreign assistance. CBO estimates that implementing
this section would cost $3 million over the 2011-2015 period,
assuming appropriation of the authorized amounts.
Other Provisions. The bill contains several provisions,
primarily affecting personnel and reporting requirements, that
CBO estimates, if taken individually, would have an
insignificant effect on spending, but in total would increase
spending by $1 million a year, assuming the availability of
appropriated funds.
Direct Spending
In addition to the discretionary authorizations discussed
above, the bill contains provisions that would both increase
and decrease direct spending, primarily from changes to
assistance authorized for the Millennium Challenge Corporation.
In total, CBO estimates that enacting the bill would increase
direct spending by $27 million over the 2011-2015 period and
$53 million over the 2011-2020 period.
Millennium Challenge Corporation (MCC). Section 405 would
increase the pool of low-income countries eligible for
assistance from MCC. It also would extend the time period (from
five to seven years) for which aid could be provided under
agreements between the United States and recipient countries.
In addition, it would allow for multiple agreements with one
recipient country to be in place concurrently whereas under
current law the MCC can only have one signed agreement in
effect with a country at any giventime. CBO estimates that
those provisions would likely increase spending from funds
previously appropriated for the MCC. Over the 2004-2010 period,
the Congress has appropriated more than $9.4 billion for the
MCC, though only about $2.5 billion has been spent through June
of 2010. Based on information from the MCC, CBO estimates that
enacting those provisions would increase direct spending by $25
million over the 2011-2015 period and $50 million over the
2011-2020 period.
Reimbursements for Use of Government Vehicles. Section 117
would allow the Department of State to retain reimbursements
received for the use of vehicles owned or leased by the federal
government, and to use those reimbursements to maintain,
purchase, lease, or operate such vehicles. Under current law,
those reimbursements are deposited in the general fund as
offsetting receipts. Extrapolating from a department survey of
those reimbursements, CBO estimates that enacting this
provision would increase direct spending by about $350,000 each
year, for a total of about $4 million over the 2011-2020
period.
Visa Ineligibility. Section 143 would reduce the number of
people eligible for visas to enter the United States. Under
current law, foreign nationals involved in child abduction
cases are generally ineligible for visas, but there are a few
exceptions. S. 2971 would delete one such exception. CBO
estimates that enacting this provision would affect few people
and decrease direct spending on federal assistance programs
(such as Medicaid) by less than $500,000 each year and by about
$1 million over the 2011-2020 period.
Other Provisions. Several provisions in the bill would have
insignificant effects on direct spending, primarily because
they would affect few individuals or because they authorize
both the collection and spending of funds so that the net
budgetary impact would be small.
Section 101 would allow the State Department's
International Litigation Fund to collect and spend
awards of costs and attorney's fees that result from
decisions by international tribunals.
Section 127 would allow the Broadcasting Board of Governors
to collect and spend reimbursements received from the
Archivist of the U.S. for costs related to providing
master copies of BBG products.
Section 130 would revoke the status of the Vietnam
Education Foundation as an independent federal entity
and incorporate it into the State Department. The
foundation is funded by repayments of federal loans
made to Vietnam (which are considered offsetting
receipts). It receives $5 million a year and spends the
entire amount each year. There would be no significant
change in either the receipts or spending for this
activity.
Section 144 would exempt certain children being adopted
from overseas from vaccination requirements, and could
affect the spending of immigration fees and use of
federal assistance programs.
Section 147 would allow certain siblings of children being
adopted from overseas to enter the United States, and
could affect the spending of immigration fees and use
of federal assistance programs.
Pay-As-You-Go Considerations
The Statutory Pay-As-You-Go Act of 2010 establishes budget
reporting and enforcement procedures for legislation affecting
direct spending or revenues. S. 2971 would increase outlays
from existing appropriations and would allow the Department of
State to retain and spend a small amount of collections. The
net changes in outlays that are subject to those pay-as-you-go
procedures are shown in the following table.
CBO Estimate of Pay-As-You-Go Effects for S. 2971, as ordered reported by the Senate Committee on Foreign Relations on April 27, 2010
By Fiscal Year, in Millions of Dollars
--------------------------------------------------------------------------------------------------------------------------------------------------------
2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 2010-2015 2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
NET
INCREASE OR DECREASE (-) IN THE DEFICIT
Statutory Pay-As-You-Go Impact............ 0 5 5 5 5 5 5 5 5 5 5 27 53
--------------------------------------------------------------------------------------------------------------------------------------------------------
Intergovernmental and Private Sector Impact
The bill would impose intergovernmental and private-sector
mandates, as defined in UMRA, but CBO estimates that the total
costs to public and private entities would fall below the
annual thresholds established in UMRA intergovernmental and
private-sector mandates ($70 million and $141 million in 2010
respectively, adjusted annually for inflation).
Mandates that Apply to Public and Private Sector Entities
Immunity from Civil Liability. The bill would add a new
circumstance under which members of the BBG would be exempt
from civil liability. Granting such protections would impose a
mandate on public and private entities by eliminating the right
to file a claim against BBG members for activities related to
the Middle East Broadcasting Networks. Because civil suits by
public or private entities are rarely filed against BBG
members, CBO estimates that the cost of the mandate from any
forgone compensation for damages would be small.
Administrative Subpoenas. The bill would expand the
circumstances for which an administrative subpoena could be
issued by the Secretary of State, and consequently increase the
number of public and privates entities that could have to
provide information or testimony. CBO expects that the increase
in the number of subpoenas issued would not be significant and
estimates that the costs to public and private entities to
comply with such subpoenas would be small.
Mandates that Apply to Public Entities Only
The bill would preempt state laws governing liability by
extending the circumstances under which the BBG would be
granted civil immunity. CBO estimates that the associated costs
to state, local, and tribal governments would be small.
Other Impacts
The bill would establish a grant program for institutions
of higher education in the United States to help implement
graduate-level academic and public policy management leadership
programs in Vietnam. Public colleges and universities would be
eligible to receive grants under the program.
Previous CBO Estimates
On June 2, 2010, CBO transmitted a cost estimate for S.
3104, a bill to permanently authorize Radio Free Asia, and for
other purposes, as reported by the Senate Committee on Foreign
Relations on May 25, 2010. S. 3104 is similar to section 124 of
S. 2971 and their estimated costs are the same.
On May 14, 2010, CBO transmitted a cost estimate for S.
1376, the International Adoption Simplification Act as reported
by the Senate Committee on the Judiciary on March 22, 2010.
Section 2 of S. 1376 is similar to section 144 of S. 2971 and
their estimated costs are the same.
On April 28, 2010, CBO transmitted a cost estimate for S.
1382, the Peace Corps Improvement and Expansion Act of 2010 as
ordered reported by the Senate Committee on Foreign Relations
on April 13, 2010. S. 1382 would indefinitely authorize the
appropriation of such sums as may be necessary whereas section
621 of S. 2971 would authorize appropriations for only 2011;
thus, the estimated costs for S. 2971 are lower.
On June 4, 2009, CBO transmitted a cost estimate for H.R.
2410, the Foreign Relations Authorization Act, Fiscal Years
2010 and 2011, as ordered reported by the House Committee on
Foreign Affairs on May 20, 2009. S. 2971 and H.R. 2410 contain
several provisions that are similar and both would authorize
appropriations for the Department of State, international
broadcasting activities, international assistance programs, and
related agencies. Title I of H.R. 2410 would primarily
authorize appropriations for both 2010 and 2011 whereas Title
VI of S. 2971 would primarily authorize appropriations for only
2011;thus, the estimated costs for S. 2971 are lower.
On May 18, 2009, CBO transmitted a cost estimate for S.
838, a bill to provide for the appointment of United States
Science Envoys as ordered reported by the Senate Committee on
Foreign Relations on May 5, 2009. Section 128 of S. 2971 is
similar to section 2 of S. 838; however, section 128 of S. 2971
also would authorize spending an additional $2 million a year
for science and technology fellowships and its estimated costs
are correspondingly higher.
Estimate Prepared By:
Federal Costs: John Chin and Sunita D'Monte
Impact on State, Local, and Tribal Governments: Leo Lex
Impact on the Private Sector: Marin Randall
Estimate Approved By:
Theresa Gullo, Deputy Assistant Director for Budget
Analysis
VI. Evaluation of Regulatory Impact
Pursuant to Rule XXVI, paragraph 11(b) of the Standing
Rules of the Senate, the committee has determined that there is
no regulatory impact as a result of this legislation.
VII. Changes in Existing Law
In compliance with Rule XXVI, paragraph 12 of the Standing
Rules of the Senate, changes in existing law made by the bill,
as reported, are shown as follows (existing law proposed to be
omitted is enclosed in black brackets, new matter is printed in
italic, existing law in which no change is proposed is shown in
roman).
State Department Basic Authorities Act of 1956
TITLE I--BASIC AUTHORITIES GENERALLY
ORGANIZATION OF THE DEPARTMENT OF STATE
Section 1. (a) Secretary of State.--
* * * * * * *
(c) Assistant Secretaries.--
(1) In general.--There shall be in the Department of
State not more than [24] 25 Assistant Secretaries of
State, each of whom shall be appointed by the
President, by and with the advice and consent of the
Senate, and who shall be compensated at the rate
provided for at level IV of the Executive Schedule
under section 5315 of title 5.
* * * * * * *
(2) Assistant secretary of state for democracy, human
rights, and labor.--(A) * * *
* * * * * * *
(3) Assistant secretary for international information
programs.--There shall be in the Department of State an
Assistant Secretary for International Information
Programs, who--
(A) shall oversee the Bureau of International
Information Programs; and
(B) shall be responsible to the Secretary of
State for matters pertaining to the engagement
of international audiences on issues of United
States policy, society, and values to help
create an environment that is receptive to the
interests of the United States.
[(3)] (4) Nomination of assistant secretaries.--
Whenever the President submits to the Senate a
nomination of an individual for appointment to a
position in the Department of State that is described
in paragraph (1), the President shall designate the
regional or functional bureau or bureaus of the
Department of State with respect to which the
individual shall have responsibility.
* * * * * * *
Sec. 3. The Secretary of State is authorized to--
(a) obtain insurance on official motor vehicles operated by
the Department of State in foreign countries, and pay the
expenses incident thereto;
* * * * * * *
(l) make payments in advance, of the United States share of
necessary expenses for international fisheries commissions,
from appropriations available for such purpose; [and]
(m) establish, maintain, and operate passport and dispatch
agencies[.] ; and
(n) make and carry out contracts for procurement outside the
United States of goods or services needed for the operation of
United States diplomatic and consular posts and related
facilities outside the United States, provided that--
(1) laws of the United States relating to the
negotiation, making, contents, or performance of
government contracts for goods or services, and advance
payments and indemnification in relation to such
contracts shall apply with respect to such contracts
except to the extent that the Secretary determines
(other than for section 27 of the Office of Federal
Procurement Policy Act (41 U.S.C. 423)) that the
Secretary could not reasonably meet the need of a post
or facility for such goods and services by use of
authority available to the Secretary under a law other
than this subsection;
(2) the Secretary shall--
(A) issue guidance addressing use of this
authority; and
(B) require written approval to waive
specific laws or procurement regulations under
this authority by the Procurement Executive
(without further delegation); and
(3) no individual contract action entered into under
this authority shall exceed $2,000,000 unless approved
in writing by the Chief Acquisition Officer of the
Department of State (without further delegation).
* * * * * * *
Sec. 28. (a) The Secretary of State may authorize the
principal officer of a Foreign Service post to provide for the
use of Government owned or leased vehicles located at that post
for transportation of United States Government employees and
their families when public transportation is unsafe or not
available or when such use is advantageous to the Government.
(b) Funds received by the Department of State in connection
with the use of vehicles owned or leased by the Government
under subsection (a)--
(1) may be credited to the appropriate account of the
Department of State; and
(2) if so credited, shall be available only for
expenses related to the purchase, lease, maintenance,
or operation of such vehicles.
Sec. 29. Whenever the Secretary of State determines that
educational facilities are not available, or that existing
educational facilities are inadequate, to meet the needs of
children of United States citizens stationed outside the United
States who are engaged in carrying out Government activities,
the Secretary may, in such manner as he deems appropriate and
under such regulations as he may prescribe, establish, operate,
and maintain primary schools, and school dormitories and
related educational facilities for primary and secondary
schools, outside the United States, make grants of funds for
such purposes, or otherwise provide for such educational
facilities. The authorities of the Foreign Service Buildings
Act, 1926, and of paragraphs (h) and (i) of section 3 of this
Act, may be utilized by the Secretary in providing assistance
for educational facilities. Such assistance may include
physical security enhancements and hiring, transporting, and
payment of teachers and other necessary personnel.
Notwithstanding any other provision of law, where the child of
a United States citizen employee of an agency of the United
States Government who is stationed outside the United States
attends an educational facility assisted by the Secretary of
State under this section, the head of that agency is authorized
to reimburse, or credit with advance payment, the Department of
State for funds used in providing assistance to such
educational facilities, by grant or otherwise, under this
section.
* * * * * * *
Sec. 37. (a) General Authority.--Under such regulations as
the Secretary of State may prescribe, special agents of the
Department of State and the Foreign Service may--
[(1) conduct investigations concerning illegal
passport or visa issuance or use;]
(1) conduct investigations concerning--
(A) illegal passport or visa issuance or use;
(B) identity theft or document fraud
affecting, or relating to, the programs,
functions, or authorities of the Department of
State; and
(C) Federal offenses committed within the
special maritime and territorial jurisdiction
of the United States (as such term is defined
in section 7(9) of title 18, United States
Code), except as that jurisdiction relates to
the premises of United States military
installations and related residences;
(2) obtain and execute search and arrest warrants, as
well as obtain and serve subpoenas and summonses issued
under the authority of the United States;
(3) protect and perform protective functions directly
related to maintaining the security and safety of--
(b) Agreements with Attorney General and Secretary of the
Treasury and Firearms Regulations.-- * * *
* * * * * * *
(c) Secret Service not Affected.-- * * *
(d) Rule of Construction.--Nothing in subsection (a)(1) may
be construed to limit the investigative authority of any other
Federal department or agency.
* * * * * * *
SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED STATES BY
UNIFORMED GUARDS.
(a) Enforcement Authorities for Uniformed Guards.--The
Secretary of State may authorize Department of State uniformed
guards to protect buildings and areas within the United States
for which the Department of State provides protective services,
including duty in areas outside the property to the extent
necessary to protect the property and persons in that area.
(b) Powers of Guards.--While engaged in the performance of
official duties as a uniformed guard under subsection (a), a
guard may--
(1) enforce Federal laws and regulations for the
protection of persons and property;
(2) carry firearms; and
(3) make arrests without warrant for--
(A) any offense against the United States
committed in the guard's presence; or
(B) any felony cognizable under the laws of
the United States if the guard has reasonable
grounds to believe that the person to be
arrested has committed, or is committing, such
felony in connection with the buildings, areas,
or persons, for which the Department of State
is providing protective services.
(c) Regulations.--
(1) In general.--The Secretary of State, in
consultation with the Secretary of Homeland Security,
may prescribe such regulations as may be necessary for
the administration of buildings and areas within the
United States for which the Department of State
provides protective services, including reasonable
penalties for violations of such regulations, within
the limits prescribed in subsection (d).
(2) Posting.--The regulations prescribed under
paragraph (1) shall be posted in a conspicuous place on
the property.
(d) Penalties.--A person violating a regulation prescribed
under subsection (c) shall be fined under title 18, United
States Code, imprisoned for not more than 6 months, or both.
(e) Attorney General Approval.--The powers granted to guards
designated under this section shall be exercised in accordance
with guidelines approved by the Attorney General.
(f) Relationship to Other Authority.--Nothing in this section
may be construed to affect the authority of the Secretary of
Homeland Security, the Administrator of General Services, or
any Federal law enforcement agency.
Sec. 38. (a) International Agreements.-- * * *
* * * * * * *
(d) International Litigation Fund.--
(1) Establishment.-- * * *
* * * * * * *
(3) Transfers of funds.--Funds received by the
Department of State [from another agency of the United
States Government] as a result of a decision of an
international tribunal, from another agency of the
United States Government, or pursuant to the Department
of State Appropriations Act of 1937 (49 Stat. 1321, 22
U.S.C. 2661) to meet costs of preparing or prosecuting
a proceeding before an international tribunal, or a
claim by or against a foreign government or other
foreign entity, shall be credited to the ILF.
* * * * * * *
Sec. 61. Reemployment of annuitants under the Civil Service
Retirement System and Federal Employees' Retirement System.
(a) Authority.--(1) In general.--To facilitate the
assignment of persons to Iraq and Afghanistan or [to posts
vacated] , to positions in the Response Readiness Corps, or to
posts vacated by members of the Service assigned to Iraq and
Afghanistan, the Secretary of State may waive the application
of the provisions of section 8344 or 8468 of title 5 on a case-
by-case basis for employment of an annuitant in a position in
the Department of State for which there is exceptional
difficulty in recruiting or retaining a qualified employee, or
when a temporary emergency hiring need exists.
(2) Termination of authority.--The authority of the
Secretary under paragraph (1) shall terminate on October 1,
[2010] 2012. An annuitant reemployed pursuant to such authority
prior to such termination date may be employed for a period
ending not later than one year after such date.
* * * * * * *
Sec. 62. Reconstruction and Stabilization.--(a) * * *
* * * * * * *
Sec. 62a. Authorities Related to Personnel.--(a) * * *
SEC. 63. FOREIGN RELATIONS EXCHANGE PROGRAMS.
(a) In General.--The Secretary may establish exchange
programs under which officers or employees of the Department of
State, including individuals appointed under title 5, United
States Code, and members of the Foreign Service may be
assigned, for a period not to exceed 1 year, to a position with
any foreign government or international entity that permits an
employee to be assigned to a position with the Department of
State.
(b) Salary and Benefits.--
(1) Foreign service members.--During a period in
which a member of the Foreign Service is participating
in an exchange program authorized under subsection (a),
such member shall be entitled to the salary and
benefits to which such member would be entitled if such
member were assigned to an agency, international
organization, or other body under section 503 of the
Foreign Service Act of 1980 (22 U.S.C. 3983).
(2) Detailees.--An employee of the Department of
State (other than a member of the Foreign Service
participating in an exchange program authorized under
subsection (a)) shall be treated in all respects as if
detailed to an international organization under section
3343(b) of title 5, United States Code. The salary of
such employee shall be the higher of the salary that
the employee would receive but for the assignment under
this section or the salary of the position to which the
employee is assigned.
(3) Payment.--The salary and benefits of an employee
of a foreign government or international entity
participating in a program established under this
section shall be paid by such government or entity
during the period in which such employee is
participating in the program, and shall not be
reimbursed by the Department of State.
(c) Nonreciprocal Assignments.--The Secretary may authorize a
nonreciprocal assignment of personnel pursuant to this section,
with or without reimbursement from the foreign government or
international entity for all or part of the salary and other
expenses payable during the assignment, if such assignment is
in the interests of the United States.
(d) Rule of Construction.--Nothing in this section may be
construed to authorize the appointment as an officer or
employee of the United States of--
(1) an individual whose allegiance is to any country,
government, or foreign or international entity other
than to the United States; or
(2) an individual who has not met the requirements of
sections 3331, 3332, 3333, and 7311 of title 5, United
States Code, and any other provision of law concerning
eligibility for appointment, and continuation of
employment, as an officer or employee of the United
States.
SEC. 64. BUYING POWER MAINTENANCE, INTERNATIONAL ORGANIZATIONS.
(a) Establishment of Account.--There is established in the
Treasury of the United States the `Buying Power Maintenance,
International Organizations account' (referred to in this
section as the `account') to offset fluctuations in foreign
currency exchange rates that adversely affect United States
contributions to international organizations.
(b) Authority To Transfer Amounts to Account.--The Secretary
of State may transfer to, and merge with, the account such
amounts appropriated or otherwise made available for the
Contributions to International Organizations account as the
Secretary determines are beyond the needs of activities funded
from that account because of fluctuations in foreign currency
exchange rates.
(c) Authority To Transfer Amounts From Account.--In order to
offset adverse fluctuations in foreign currency exchange rates,
the Secretary of State may transfer to, and merge with, the
Contributions to International Organizations account such
amounts from the account as the Secretary determines are
necessary to provide for the activities funded under that
account.
(d) Transfer of Unobligated Amounts.--
(1) In general.--Subject to the limitations under
this subsection, not later than the last day of the
fifth fiscal year after the fiscal year for which
amounts are appropriated or otherwise made available
for the Contributions to International Organizations
account, the Secretary of State may transfer any
unobligated balance of such amounts to the account.
(2) Limitation.--The balance of the account may not
exceed $100,000,000 as a result of any amounts
transferred under this subsection.
(3) Reprogramming.--Any transfer under this
subsection--
(A) shall be treated as a reprogramming of
funds under section 34; and
(B) shall only be available for obligation or
expenditure in accordance with the procedures
established under such section.
(4) Scope.--The authority under this section may only
be exercised with respect to amounts appropriated or
otherwise made available after September 30, 2009.
(e) Availability of Amounts.--Amounts transferred to the
account under this section shall remain available until
expended.
(f) Other Authorities Not Affected.--The authority to
transfer amounts under this section is in addition to transfer
authority otherwise available to the Secretary of State under
any other provision of law.
* * * * * * *
Arms Control Export Act
SEC. 47. LIMITATION ON ASSISTANCE TO GOVERNMENTS OF COUNTRIES IN
DEFAULT.
No assistance may be furnished under section 23 of this Act
to the government of any country which is in default, during a
period exceeding 1 year, in payment to the United States of
principal or interest on any loan made to the government of
such country under this Act, unless--
(1) such government meets its obligations under the
loan; or
(2) the President--
(A) determines that assistance to such
country is in the national interest of the
United States; and
(B) notifies the Speaker of the House of
Representatives and the Committee on Foreign
Relations of the Senate of such determination.
* * * * * * *
Sec. [47] 48. Definitions.--For purposes of this Act, the
term--
* * * * * * *
United States Information and Educational
Exchange Act of 1948
* * * * * * *
TITLE V--DISSEMINATING INFORMATION ABOUT THE UNITED STATES ABROAD
Sec. 501. (a) * * *
(b)(1) The [Director of the United States Information
Agency] Secretary of State shall make available to the
Archivist of the United States, for domestic distribution,
motion pictures, films, videotapes, and other material prepared
for dissemination abroad 12 years after the initial
dissemination of the material abroad or, in the case of such
material not disseminated abroad, 12 years after the
preparation of the material.
[(2) The Director of the United States Information Agency
shall be reimbursed for any attendant expenses. Any
reimbursement to the Director pursuant to this subsection shall
be credited to the applicable appropriation of the United
States Information Agency.]
(2) The Broadcasting Board of Governors may make available to
the Archivist of the United States, for domestic distribution,
motion pictures, films, videotape, and other material prepared
by the Broadcasting Board of Governors for dissemination abroad
2 years after the initial dissemination of the material abroad,
or in the case of such material not disseminated abroad, 2
years after the preparation of the material.
(3) The Secretary of State and the Broadcasting Board of
Governors shall be reimbursed for any attendant expenses. Any
reimbursement to the Secretary or the Broadcasting Board of
Governors under this paragraph shall be credited to the
applicable appropriation of the Department of State or the
Broadcasting Board of Governors.
[(3)] (4) The Archivist shall be the official custodian of
the material and shall issue necessary regulations to ensure
that persons seeking its release in the United States have
secured and paid for necessary United States rights and
licenses and that all costs associated with the provision of
the material by the Archivist shall be paid by the persons
seeking its release. The Archivist may charge fees to recover
such costs, in accordance with section 2116(c) of title 44,
United States Code. Such fees shall be paid into, administered,
and expended as part of the National Archives Trust Fund.
Sec. 604. (a) Establishment.--(1) There is established an
advisory commission to be known as the United States Advisory
Commission on Public Diplomacy.
[(2) The Commission shall consist of seven members
appointed by the President, by and with the advice and consent
of the Senate. The members of the Commission shall represent
the public interest and shall be selected from a cross section
of educational, communications, cultural, scientific,
technical, public service, labor, business, and professional
backgrounds. Not more than four members shall be from any one
political party.]
(2) The Commission shall consist of seven members appointed
by the President, by and with the advice and consent of the
Senate.
(3) The members of the Commission shall represent the
public interest and shall be selected from a cross section of
educational, communications, cultural, scientific, technical,
public service, labor, business, and professional backgrounds.
Not more than four members shall be from any one political
party. At least 4 members shall have substantial experience in
the conduct or evaluation of public diplomacy or comparable
activities in the private or public sector. No member may be an
officer or employee of the United States.
[(3)] (4) The term of each member shall be 3 years, except
that of the original seven appointments, two shall be for a
term of 1 year and two shall be for a term of 2 years.
[(4)] (5) Any member appointed to fill a vacancy occurring
before the expiration of the term for which a predecessor was
appointed shall be appointed for the remainder of such term.
Upon the expiration of a member's term of office, such member
may continue to serve until a successor is appointed and
qualified.
[(5)] (6) The President shall designate a member to chair
the Commission.
* * * * * * *
(c) Duties and Responsibilities.--(1) The Commission shall
formulate and recommend to the Director of the United States
Information Agency, the Secretary of State, and the President
policies and programs to carry out the functions vested in the
Director or the Agency, and shall appraise the effectiveness of
policies and programs of the Agency.
[(2) The commission shall submit to the Congress, the
President, the Secretary of State, and the Director of the
United States Information Agency annual reports on programs and
activities carried out by the Agency, including appraisals,
where feasible, as to the effectiveness of the several
programs. The Commission shall also include in such reports
such recommendations as shall have been made by the Commission
to the Director for effectuating the purposes of the Agency,
and the action taken to carry out such recommendations.]
(2)(A) Not less frequently than once every 2 years, the
Commission shall--
(i) conduct an in-depth study of United States public
diplomacy programs, policies, and activities;
(ii) assess the effectiveness of the various
mechanisms of public diplomacy conducted by the United
States Government in light of public and media
attitudes around the world toward the United States,
its people, and United States foreign policy; and
(iii) develop appropriate recommendations.
(B) The Commission is authorized to use amounts in its
allotted budget to award grants to assist in carrying out its
duties under this paragraph.
(C) The Commission shall submit a comprehensive report of
each study required under subparagraph (A) to the Secretary,
the Committee on Foreign Relations of the Senate, and the
Committee on Foreign Affairs of the House of Representatives.
(D) Upon the request of the Commission, the Secretary, the
Chair of the Broadcasting Board of Governors, and the head of
any other Federal agency that conducts public diplomacy or
strategic communications activities shall provide information
to the Commission, as appropriate, to assist the Commission in
carrying out its duties under this paragraph.
* * * * * * *
Sec. 804. In carrying out the provisions of this Act, the
Secretary, 54 or any Government agency authorized to administer
such provisions, may--
(1) employ, without regard to the civil service and
classification laws, aliens within the United States
and abroad for service in the United States relating to
the translation or narration of colloquial speech in
foreign languages or the preparation and production of
foreign language programs when [suitably qualified
United States citizens] United States citizens
applicants who are equally or better qualified than
non-United States citizen applicants are not available
when job vacancies occur, and aliens so employed abroad
may be admitted to the United States, if otherwise
qualified, as nonimmigrants under section 101(a)(15) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)) for such time and under such conditions
and procedures as may be established by the Director of
the United States Information Agency and the Attorney
General;
Foreign Assistance Act of 1961
* * * * * * *
Sec. 116. Human Rights.--(a) * * *
* * * * * * *
(d) The Secretary of State shall transmit to the Speaker of
the House of Representatives and the Committee on Foreign
Relations of the Senate, by February 25 of each year, a full
and complete report regarding--
(1) * * *
* * * * * * *
(10) for each country with respect to which the
report indicates that extrajudicial killings, torture,
or other serious violations of human rights have
occurred in the country, the extent to which the United
States has taken or will take action to encourage an
end to such practices in the country; [and]
(11)(A) * * *
* * * * * * *
(C) such other information related to the use by such
government of individuals under the age of 18 as
soldiers, as determined to be appropriate by the
Secretary[.] and
(12) wherever applicable, violence or discrimination
that affects the fundamental freedoms, consistent with
United States law, of an individual in foreign
countries that is based on actual or perceived sexual
orientation and gender identity.
Sec. 122. General Authorities.--(a) * * *
* * * * * * *
(e) The President shall establish an interagency
Development Loan Committee, consisting of such officers from
such agencies of the United States Government as he may
determine, which shall, under the direction of the President,
establish standards and criteria for lending operations under
this chapter in accordance with the foreign and financial
policies of the United States. Except in the case of officers
serving in positions to which they were appointed by the
President by and with the advice and consent of the Senate,
officers assigned to the Committee shall be so assigned by the
President by and with the advice and consent of the Senate.
(f)(1) The Administrator of the United States Agency for
International Development is authorized--
(A) to encourage the people of the United States to
further dialogue and understanding of development,
humanitarian assistance, and foreign assistance
programs; and
(B) to facilitate widespread public discussion,
analysis, and review of the issues addressed in the
final report of the Helping to Enhance the Livelihood
of People Around the Globe Commission (HELP
Commission), issued in December 2007, with special
regard to the HELP Commission's call to encourage
Executive agencies to more fully explain United States
development activities to the American people in order
to raise the American people's understanding about and
support for foreign assistance.
(2) Not to exceed $1,000,000 of the amounts made available
each fiscal year for the purposes of this chapter may be used
to ensure effective engagement with the American people in
understanding and promoting public understanding of
development, humanitarian assistance, and foreign assistance
programs, in addition to funds otherwise available for such
purposes.
* * * * * * *
Sec. 502B. Human Rights.--(a) * * *
* * * * * * *
(b) The Secretary of State shall transmit to the Congress,
as part of the presentation materials for security assistance
programs proposed for each fiscal year, a full and complete
report, prepared with the assistance of the Assistant Secretary
of State for Democracy, Human Rights, and Labor and with the
assistance of the Ambassador at Large for International
Religious Freedom, with respect to practices regarding the
observance of and respect for internationally recognized human
rights in each country proposed as a recipient of security
assistance. Wherever applicable, such report shall include
consolidated information regarding the commission of war
crimes, crimes against humanity, and evidence of acts that may
constitute genocide (as defined in article 2 of the Convention
on the Prevention and Punishment of the Crime of Genocide and
modified by the United States instrument of ratification to
that convention and section 2(a) of the Genocide Convention
Implementation Act of 1987). Wherever applicable, such report
shall include information on practices regarding coercion in
population control, including coerced abortion and involuntary
sterilization. Such report shall also include, wherever
applicable, information on violations of religious freedom,
including particularly severe violations of religious freedom
(as defined in section 3 of the International Religious Freedom
Act of 1998). Wherever applicable, a description of the nature
and extent of acts of anti-Semitism and anti-Semitic incitement
that occur, including the descriptions of such acts required
under section 116(d)(8). Such report shall also include, for
each country with respect to which the report indicates that
extrajudicial killings, torture, or other serious violations of
human rights have occurred in the country, the extent to which
the United States has taken or will take action to encourage an
end to such practices in the country.
Each report under this section shall describe the extent to
which each country has extended protection to refugees,
including the provision of first asylum and resettlement. Each
report under this section shall also include (i) wherever
applicable, a description of the nature and extent of the
compulsory recruitment and conscription of individuals under
the age of 18 by armed forces of the government of the country,
government-supported paramilitaries, or other armed groups, the
participation of such individuals in such groups, and the
nature and extent that such individuals take a direct part in
hostilities, (ii) what steps, if any, taken by the government
of the country to eliminate such practices, and (iii) such
other information related to the use by such government of
individuals under the age of 18 as soldiers, as determined to
be appropriate by the Secretary of State. Wherever applicable,
violence or discrimination that affects the fundamental
freedoms, consistent with United States law, of an individual
in foreign countries that is based on actual or perceived
sexual orientation and gender identity. Each report under this
section shall list the votes of each member of the United
Nations Commission on Human Rights on all country-specific and
thematic resolutions voted on at the Commission's annual
session during the period covered during the preceding year. In
determining whether a government falls within the provisions of
subsection (a)(3) and in the preparation of any report or
statement required under this section, consideration shall be
given to--
Sec. 534. Administration of Justice.--(a) The President may
furnish assistance under this chapter to countries and
organizations, including national and regional institutions, in
order to strengthen the administration of justice [in countries
in Latin America and the Caribbean].
(b) Assistance under this section may only include--
(1) support for specialized professional training,
scholarships, and exchanges for continuing legal
education;
(2) programs to enhance prosecutorial and judicial
capabilitiesand protection for participants in judicial
cases;
(3) notwithstanding section 660 of this Act--
(A) programs to enhance professional
capabilities to carry out investigative and
forensic functions conducted under judicial or
prosecutorial control;
(B) programs to assist in the development of
academic instruction and curricula for training
law enforcement personnel;
(C) programs to improve the administrative
and management capabilities of law enforcement
agencies, especially their capabilities
relating to career development, personnel
evaluation, and internal discipline procedures;
[and]
(D) programs, conducted through multilateral
or regional institutions, to improve penal
institutions and the rehabilitation of
offenders; and
(E) programs to enhance the protection of
participants in judicial cases;
(4) 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;
(5) increasing the availability of legal materials
and publications;
(6) seminars, conferences, and training and
educational programs to improve the administration of
justice and to strengthen respect for the rule of law
and internationally recognized human rights; and
(7) revision and modernization of legal codes and
procedures.
[(c) Not more than $20,000,000 of the funds made available
to carry out this chapter for any fiscal year shall be
available to carry out this section, in addition to amounts
otherwise available for such purposes.]
[(d)] (c) Funds may not be obligated for assistance under
this section unless the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign Relations
of the Senate are notified of the amount and nature of the
proposed assistance at least 15 days in advance in accordance
with the procedures applicable to reprogrammings pursuant to
section 634A of this Act.
[(e)] (d) Personnel of the Department of Defense and
members of the United States Armed Forces may not participate
in the provision of training under this section. Of the funds
made available to carry out this section, not more than
$10,000,000 may be made available in fiscal year 1991 to carry
out the provisions of subsection (b)(3) of this section. The
authority of this section shall expire on September 30, 1991.
* * * * * * *
Sec. 607. Furnishing of Services and Commodities.--(a) * *
*
* * * * * * *
(d) The Secretary of State, acting through the Assistant
Secretary of State for [Oceans and International Environmental
and Scientific Affairs] Oceans, Environment, and Science, is
authorized to transfer to any friendly country, international
organization, the American Red Cross, or other voluntary
nonprofit relief agency described in subsection (a),
Government-owned excess property made available under this
section or section 608 in order to support activities carried
out under part I of this Act which are designed to enhance
environmental protection in foreign countries if the Secretary
of State makes a written determination--
* * * * * * *
Sec. 620. Prohibitions Against Furnishing Assistance.--(a)
* * *
``(m) Prohibitions on Assistance for the Production of
Agricultural Commodities Available in Surplus Quantities.--(1)
No assistance shall be furnished under chapter 1 of part I of
this Act to a country to build or expand the capacity of
producers in the country to produce an agricultural commodity
if the President determines that--
``(A) the agricultural commodity is likely to be
available in surplus quantities on the world market
when the building or expansion of such capacity is
complete; and
``(B) the production or expanded production of the
agricultural commodity by producers in that country
would cause substantial injury to producers in the
United States that produce that agricultural commodity
or a similar or competing agricultural commodity.
``(2) Paragraph (1) shall not apply with respect to
assistance to a country that--
``(A)(i) is eligible for assistance from the
International Development Association;
``(ii) is not eligible for assistance from the
International Bank for Reconstruction and Development;
and
``(iii) does not export on a consistent basis the
agricultural commodity with respect to which assistance
is furnished; or
``(B) the President determines is recovering from
widespread conflict, a humanitarian crisis, or a
complex emergency.
``(n) Restriction on Assistance for the Production and
Exportation of Certain Agricultural Commodities.--(1) No
assistance shall be furnished under chapter 1 of part I of this
Act to a country to carry out any testing, breeding feasibility
studies, variety improvement efforts, introduction efforts,
consulting, publications, conferences, or training with respect
to the production of an agricultural commodity in that country
if the President determines that--
``(A) the agricultural commodity is or will be
produced to be exported from that country; and
``(B) the exportation of the agricultural commodity
from that country will result in increased competition
for that agricultural commodity, or a similar or
competing agricultural commodity, produced in the
United States.
``(2) Paragraph (1) shall not apply with respect to
assistance furnished--
``(A) to a developing country to carry out an
activity involving the production of an agricultural
commodity that is designed to increase food security in
that country if the President determines that the
activity will not have a significant impact on the
exportation of that agricultural commodity from the
United States; or
``(B) to a country that--
``(i)(I) is eligible for assistance from
the International Development Association;
``(II) is not eligible for assistance from
the International Bank for Reconstruction and
Development; and
``(III) does not export on a consistent
basis the agricultural commodity with respect
to which assistance is furnished; or
``(ii) the President determines is
recovering from widespread conflict, a
humanitarian crisis, or a complex emergency.
* * * * * * *
(q) No assistance shall be furnished under this Act to [any
country] the government of any country which is in default,
during a period in excess of [six calendar months] 1 year, in
payment to the United States of principal or interest on any
loan made to [such country] such government under this Act,
unless such country meets its obligations under the loan or
unless the President determines that assistance to such country
is in the national interest and notifies the Speaker of the
House of Representatives and the Committee on Foreign Relations
of the Senate of such determination.
* * * * * * *
SEC. 620P. USAID EXCEPTION TO CERTAIN MULTIPLE AWARD CONTRACT
REQUIREMENTS.
In entering into any multiple award task order or indefinite
delivery or indefinite quality contract, the Administrator of
the United States Agency for International Development may
provide an exception to the fair opportunity process for
placing task orders under such contracts when the order is
placed with any category of small or small disadvantaged
business.
* * * * * * *
Sec. 625. Employment of Personnel.--(a) * * *
* * * * * * *
(j) Reemployment of annuitants under the Civil Service
Retirement System and the Federal Employees' Retirement
System.--
(1)(A) To facilitate the assignment of persons to
Iraq and Afghanistan [or to posts vacated] , to
positions in the Response Readiness Corps, or to posts
vacated by members of the Service assigned to Iraq and
Afghanistan, the Administrator of the United States
Agency for International Development may waive the
application of the provisions of section 8344 or 8468
of title 5 on a case-by-case basis for employment of an
annuitant in a position in the United States Agency for
International Development for which there is
exceptional difficulty in recruiting or retaining a
qualified employee, or when a temporary emergency
hiring need exists.
(B) The authority of the Administrator under
subparagraph (A) shall terminate on October 1, [2010]
2012. An annuitant reemployed pursuant to such
authority prior to such termination date may be
employed for a period ending not later than one year
after such date.
* * * * * * *
Sec. 660. Prohibiting Police Training.--(a) * * *
(b) Subsection (a) of this section shall not apply--
* * * * * * *
(1) * * *
(4) with respect to assistance provided to police
forces in connection with their participation in the
regional security system of the Eastern Caribbean
states; [or]
(5) with respect to assistance, including training,
relating to sanctions monitoring and enforcement;
(6) 1202 with respect to assistance provided to
reconstitute civilian police authority and capability
in the post-conflict restoration of host nation
infrastructure for the purposes of supporting a nation
emerging from instability [, and the provision of
professional public safety training, to include
training in internationally recognized standards of
human rights, the rule of law, anti-corruption, and the
promotion of civilian police roles that support
democracy;] , including any regional, district,
municipal, or other subnational entity emerging from
instability;
(7) with respect to assistance provided to customs
authorities and personnel, including training,
technical assistance and equipment, for customs law
enforcement and the improvement of customs laws,
systems and procedures. Notwithstanding clause (2),
subsection (a) shall apply to any renewal or extension
of any contract referred to in such paragraph entered
into on or after such date of enactment[.] ;
(8) with respect to the provision of professional
training, including training in internationally
recognized standards of human rights and the rule of
law;
(9) with respect to assistance to foster civilian
police roles that support democratic governance and
foster improved police-community relations;
(10) with respect to assistance to combat trafficking
in persons, address sexual and gender-based violence,
reduce corruption, prevent conflict, and respond to
disasters;
(11) with respect to assistance to address inhumane
conditions in prisons and other detention facilities
administered by foreign governments that are making
efforts to address the health, sanitation, nutrition,
and other basic needs of prisoners;
(12) with respect to assistance provided for
prisoners for humanitarian or development purposes; or
(13) with respect to assistance to support
humanitarian operations and activities.
* * * * * * *
[(d) Notwithstanding the prohibition contained in
subsection (a), assistance may be provided to Honduras or El
Salvador for fiscal years 1986 and 1987 if, at least 30 days
before providing assistance, the President notifies the
Committee on Foreign Affairs 1207 of the House of
Representatives and the Committee on Foreign Relations of the
Senate, in accordance with the procedures applicable to
reprogramming notifications pursuant to section 634A of this
Act, that he has determined that the government of the
recipient country has made significant progress, during the
preceding six months, in eliminating any human rights
violations including torture, incommunicado detention,
detention of persons solely for the non-violent expression of
their political views, or prolonged detention without trial.
Any such notification shall include a full description of the
assistance which is proposed to be provided and of the purposes
to which it is to be directed.]
(d) Assistance under chapter 4 of part II that is otherwise
prohibited under subsection (a) may be provided to a country if
the Secretary determines and certifies to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives that such assistance is
in the national interest of the United States.
* * * * * * *
Clean Air Act
* * * * * * *
SEC. 7671P. INTERNATIONAL COOPERATION.
(a) In general. The President shall undertake to enter into
international agreements to foster cooperative research which
complements studies and research authorized by this subchapter,
and to develop standards and regulations which protect the
stratosphere consistent with regulations applicable within the
United States. For these purposes the President through the
Secretary of State and the Assistant Secretary of State for
[Oceans and International Environmental and Scientific Affairs]
Oceans, Environment, and Science, shall negotiate multilateral
treaties, conventions, resolutions, or other agreements, and
formulate, present, or support proposals at the United Nations
and other appropriate international forums and shall report to
the Congress periodically on efforts to arrive at such
agreements.
* * * * * * *
Department of State Appropriations
Authorization Act of 1973
* * * * * * *
Sec. 9. (a) There is established within the Department of
State a Bureau of [Oceans and International Environmental and
Scientific Affairs] Oceans, Environment, and Science. There
shall be an Assistant Secretary of State for [Oceans and
International Environmental and Scientific Affairs] Oceans,
Environment, and Science, appointed by the President, by and
with the advice and consent of the Senate, who shall be the
head of the Bureau and who shall have responsibility for
matters relating to oceans, environmental, scientific,
fisheries, wildlife, and conservation affairs and for such
other related duties as the Secretary may from time to time
designate.
* * * * * * *
Foreign Service Act of 1980
* * * * * * *
Chapter 2--Management of the Service
* * * * * * *
Sec. 209. Inspector General.--(a)(1) * * *
* * * * * * *
(c)(1) The Inspector General shall develop and implement
policies and procedures for the inspection and audit activities
carried out under this section. These policies and procedures
shall be consistent with the general policies and guidelines of
the Government for inspection and audit activities and shall
comply with the standards established by the Comptroller
General of the United States for audits of Government agencies,
organizations, programs, activities, and functions.
* * * * * * *
[(5) Investigations.--
[(A) Conduct of investigations.--In conducting
investigations of potential violations of Federal
criminal law or Federal regulations, the Inspector
General shall--
[(i) abide by professional standards
applicable to Federal law enforcement agencies;
and
[(ii) make every reasonable effort to permit
each subject of an investigation an opportunity
to provide exculpatory information.
[(B) Final reports of investigations.--In order to
ensure that final reports of investigations are
thorough and accurate, the Inspector General shall--
[(i) make every reasonable effort to ensure
that any person named in a final report of
investigation has been afforded an opportunity
to refute any allegation of wrongdoing or
assertion with respect to a material fact made
regarding that person's actions;
[(ii) include in every final report of
investigation any exculpatory information, as
well as any inculpatory information, that has
been discovered in the course of the
investigation.]
(d)(1) The Inspector General shall keep the Secretary of
State fully and currently informed, by means of the reports
required by paragraphs (2) and (3) and otherwise, concerning
fraud and other serious problems, abuses, and deficiencies
relating to the administration of activities and operations
administered or financed by the Department of State.
* * * * * * *
(D) a summary of matters referred to
prosecutive authorities and the prosecutions
and convictions which have resulted; and
(E) a listing of each audit report completed
by the Inspector General during the reporting
period[; and] .
[(F) a notification, which may be included,
if necessary, in the classified portion of the
report, of any instance in a case that was
closed during the period covered by the report
when the Inspector General decided not to
afford an individual the opportunity described
in subsection (c)(5)(B)(i) to refute any
allegation and the rationale for denying such
individual that opportunity.
[The Secretary of State shall transmit a copy of such annual
report within 30 days after receiving it to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives and to other
appropriate committees, together with a report of the Secretary
of State containing any comments which the Secretary of State
deems appropriate. Within 60 days after transmitting such
reports to those committees, the Secretary of State shall make
copies of them available to the public upon request and at a
reasonable cost.]
* * * * * * *
Chapter 3--Appointments
Sec. 305. Senior Foreign Service.--(a) Salary Class.-- * *
*
* * * * * * *
[(d) Recertification Process.--The Secretary shall by
regulation establish a recertification process for members of
the Senior Foreign Service that is equivalent to the
recertification process for the Senior Executive Service under
section 3393a of title 5.]
* * * * * * *
Chapter 4--Compensation
* * * * * * *
Sec. 413. Death Gratuity.--(a) The Secretary may provide
for payment of a gratuity to the surviving dependents of any
Foreign Service employee who dies as a result of injuries
sustained in the performance of duty abroad, in an amount equal
to one year's salary [at the time of death.] at level II of the
Executive Schedule under section 5313 of title 5, United States
Code, at the time of death except that for employees
compensated under a local compensation plan established under
section 408, the amount of such gratuity shall be equal to the
greater of 1 year's salary at the time of death or 1 year's
basic salary at the highest step of the highest grade on the
local compensation plan from which the employee was being paid
at the time of death. Any death gratuity payment made under
this section shall be held to have been a gift and shall be in
addition to any other benefit payable from any source.
* * * * * * *
SEC. 414. BORDER EQUALIZATION PAY ADJUSTMENT.
* * * * * * *
SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
(a) In General.--A member of the Service who is designated
class 1 or below for purposes of section 403 and whose official
duty station is neither in the continental United States nor in
a nonforeign area shall receive, in accordance with the phase-
in schedule set forth in subsection (c), a locality-based
comparability payment (stated as a percentage) equal to the
locality-based comparability payment (stated as a percentage)
that would be provided under section 5304 of title 5, United
States Code, if such member's official duty station were in the
District of Columbia.
(b) Treatment as Basic Pay.--The amount of any locality-based
comparability payment, which is payable to a member of the
Service under this section--
(1) shall be considered a part of the basic pay of
such member for the purposes described in--
(A) section 5304(c)(2)(A) of title 5, United
States Code; and
(B) chapter 8 of this Act; and
(2) shall be subject to any limitations on pay
applicable to locality-based comparability payments
under section 5304 of title 5, United States Code.
(c) Phase-In.--The locality-based comparability payment
payable to a member of the Service under this section--
(1) during the period beginning on the first day of
the first full pay period that is 90 days after the
date of the enactment of this subsection, and ending on
the last day of the last pay period in fiscal year
2009, shall be up to 33.33 percent of the payment which
would otherwise apply under subsection (a);
(2) during the period beginning on the first day of
the first pay period in fiscal year 2010 and ending on
the last day of the last pay period in fiscal year
2010, shall be up to 66.67 percent of the payment which
would otherwise apply under subsection (a); and
(3) beginning on the first day of the first pay
period in fiscal year 2011, shall be equal to the
payment determined under subsection (a).
(d) Nonforeign Area Defined.--In this section, the term
``nonforeign area'' means 1 of the areas listed in section
591.205 of title 5, Code of Federal Regulations.
* * * * * * *
Chapter 7--Career Development, Training, and Orientation
* * * * * * *
Sec. 704. Training Authorities.--(a) In the exercise of
functions under this chapter, the Secretary of State may--
* * * * * * *
(4)(A) employ in accordance with the civil service
laws such personnel as may be necessary to carry out
the provisions of this chapter, and
(B) if and to the extent determined to be necessary
by the Secretary of State, obtain without regard to the
provisions of law governing appointments in the
competitive service, by appointment or contract
(subject to the availability of appropriations), the
services of individuals to serve as education and
training specialists, including language instructors,
linguists, and [other academic and training
specialists] other specialists who perform work
directly relating to the design, delivery, oversight,
or coordination of training deliverd by the institution
(including, in the absence of suitably qualified United
States citizens, qualified individuals who are not
citizens of the United States); and
* * * * * * *
SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.
(a) The Secretary of State, with the assistance of other
relevant officials, such as the Secretary for Democracy, Human
Rights, and Labor, the Ambassador at Large for International
Religious Freedom appointed under section 101(b) of the
International Religious Freedom Act of 1998, the Director of
the Office to Monitor and Combat Trafficking, and the director
of the George P. Shultz National Foreign Affairs Training
Center, shall establish as part of the standard training
provided after January 1, 1999, for officers of the Service,
including chiefs of mission, instruction in the field of
internationally recognized human rights. Such training shall
include--
(1) instruction on international documents and United
States policy in human rights, which shall be mandatory
for all members of the Service having reporting
responsibilities relating to human rights and for
chiefs of mission;
(2) instruction on the internationally recognized
right to freedom of religion, the nature, activities,
and beliefs of different religions, and the various
aspects and manifestations of violations of religious
freedom; [and ]
(3) instruction on international documents and United
States policy on trafficking in persons, including
provisions of the Trafficking Victims Protection Act of
2000 (division A of Public Law 106-386; 22 U.S.C. 7101
et seq.) which may affect the United States bilateral
relationships[.] ; and
(4) instruction, in courses covering human rights
reporting and advocacy work, on identifying violence or
discrimination that affects the fundamental freedoms,
consistent with United States law, of an individual
that is based on actual or perceived sexual orientation
and gender identity.
* * * * * * *
(d) The Secretary of State shall ensure that members of the
Service, before receiving assignments that require new and
improved skills--
(1) receive language, security, area, civilian-
military roles, and other training that is necessary to
successfully execute their responsibilities in their
new assignments; and
(2) have opportunities during their careers to obtain
advanced education and training in academic and other
relevant institutions in the United States and in other
countries to increase the capacity of the Service to
fulfill its mission.
(e) The Secretary of State shall ensure that relevant
officers of the Foreign Service deploying to areas undergoing
significant conflict or considered to be at risk of significant
conflict receive appropriate advanced training in conflict
prevention, mitigation, and resolution, including an
understanding of--
(1) peace processes, negotiations, and decision-
making;
(2) patterns of escalation;
(3) country and region-specific issues, including
resource allocation, as contributing factors to peace
or conflict;
(4) related civilian-military coordination and
planning; and
(5) how to function successfully when--
(A) public order has been undermined by
instability; or
(B) there is no civil authority that can
effectively provide public safety.
* * * * * * *
Chapter 8--Foreign Service Retirement and Disability
SUBCHAPTER I--FOREIGN SERVICE RETIREMENT
AND DISABILITY SYSTEM
* * * * * * *
Sec. 805. Contributions to the Fund.--(a)(1) Except as
otherwise provided in this section, [7.25 percent] 7 percent of
the basic salary received by each participant shall be deducted
from the salary and contributed to the Fund for the payment of
annuities, cash benefits, refunds, and allowances. [The
contribution by the employing agency shall be a percentage of
basic salary equal to the percentage in effect under 7001(d)(1)
of the Balanced Budget Act of 1997 (Public Law 105-33; 22
U.S.C. 4045 note), and section 505(h) of the Department of
Transportation and Related Agencies Appropriations Act, 2001
(as enacted by Public Law 106-346; 114 Stat. 1356A-54), plus
.25 percent of basic salary, and shall be made] An equal amount
shall be contributed by the employing agency from the
appropriations or fund used for payment of the salary of the
participant. The employing agency shall deposit in the Fund the
amounts deducted and withheld from basic salary and the amounts
contributed by the employing agency.
(2) Notwithstanding the percentage limitation contained in
paragraph (1) of this subsection--
(A) the employing agency shall deduct and withhold
from the basic pay of a Foreign Service criminal
investigator/inspector of the Office of the Inspector
General, Agency for International Development, who is
qualified to have his annuity computed in the same
manner as that of a law enforcement officer pursuant to
section 8339(d) of title 5, an amount equal to that to
be withheld from a law enforcement officer pursuant to
section 8334(a)(1) of title 5 [, plus an amount equal
to .25 percent of basic pay]. The amounts so deducted
shall be contributed to the Fund for the payment of
annuities, cash benefits, refunds, and allowances. An
equal amount shall be contributed by the employing
agency from the appropriations or fund used for payment
of the salary of the participant. The employing agency
shall deposit in the Fund the amount deducted and
withheld from basic salary and amounts contributed by
the employing agency.
(B) The employing agency 183 shall deduct and
withhold from the basic pay of a Foreign Service
criminal investigator/inspector of the Office of the
Inspector General, Agency for International
Development, who is qualified to have his annuity
computed pursuant to section 8415(d) of title 5, an
amount equal to that to be withheld from a law
enforcement officer pursuant to section 8422(a)(2)(B)
of title 5 [, plus an amount equal to .25 percent of
basic pay]. The amounts so deducted shall be
contributed to the Fund for the payment of annuities,
cash benefits, refunds, and allowances. An equal amount
shall be contributed by the employing agency from the
appropriations or fund used for payment of the salary
of the participant. The employing agency shall deposit
in the Fund the amounts deducted and withheld from
basic salary and amounts contributed by the employing
agency.
(3) For service as a special agent, paragraph (1) shall be
applied by substituting for ``7 percent'' the percentage that
applies to law enforcement officers under section 8334(a)(1) of
title 5, United States Code [, plus .25 percent].
* * * * * * *
Sec. 806. Computation of Annuities.--(a)(1) * * *
* * * * * * *
(9) For purposes of any annuity computation under this
subsection, the basic salary or basic pay of any member of the
Service whose official duty station [is outside the continental
United States shall] was outside the continental United States
during the period beginning on December 29, 2002, and ending on
the day before the first day of the first pay period beginning
on or after October 1, 2010, shall, to the extent that such
computation is based on the basic salary or basic pay of such
member while the member was outside the United States, be
considered to be the salary or pay that would have been aid to
the member had the member's official duty station been
Washington, D.C., including locality-based comparability
payments under section 5304 of title 5, United States Code,
that would have been payable to the member if the member's
official duty station had been Washington, D.C.
* * * * * * *
Sec. 818. Estimate of Appropriations Needed.--The
[Secretary of the Treasury] Secretary of State shall prepare
the estimates of the annual appropriations required to be made
to the Fund, and shall make actuarial valuations of the System
at intervals of not more than five years. [The Secretary of
State may expend from money to the credit of the Fund an amount
not exceeding $5,000 per year for the incidental expenses
necessary in administering the provisions of this subchapter,
including actuarial advice.] The Secretary of State may expend
such sums as may be necessary to administer the provisions of
this chapter, including actuarial advice, but only to the
extent and in such amounts as are provided in advance in
appropriations acts.
Sec. 819. Investment of the Fund.--The [Secretary of the
Treasury] Secretary of State shall invest from time to time in
interest-bearing securities of the United States such portions
of the Fund as in the judgment of the Secretary of the Treasury
may not be immediately required for the payment of annuities,
cash benefits, refunds, and allowances. The income derived from
such investments shall constitute a part of the Fund.
* * * * * * *
Sec. 824. Reemployment.-- * * *
* * * * * * *
(g) Waiver of Annuity Limitations.--(1) The Secretary of
State may waive the application of subsections (a) through (d)
on a case-by-case basis for an annuitant reemployed on a
temporary basis, or grant authority to the head of an Executive
agency to waive the application of subsections (a) through (d)
on a case-by-case basis for an annuitant reemployed on a
temporary basis--
(A) if, and for so long as, such waiver is necessary
due to an emergency involving a direct threat to life
or property or other unusual circumstances;
(B) [to facilitate the assignment of persons to Iraq
and Afghanistan or to posts vacated by members of the
Service assigned to Iraq and Afghanistan,] if the
annuitant is employed in a position for which there is
exceptional difficulty in recruiting or retaining a
qualified employee; or
(C)(i) to provide assistance to consular posts with a
substantial backlog of visa applications; or
(ii) to provide assistance to meet the demand
resulting from the passport and travel document
requirements set forth in section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of
2004 (Public Law 108-458; 8 U.S.C. 1185 note),
including assistance related to the investigation of
fraud in connection with an application for a passport.
[(2)(A) The authority of the Secretary to waive the
application of subsections (a) through (d) for an
annuitant pursuant to subparagraph (B) of paragraph
(1), or to grant authority to the head of an Executive
agency to waive the application of such subsections to
an annuitant under such subparagraph, shall terminate
on October 1, 2009. An annuitant reemployed pursuant to
such authority prior to such termination date may be
employed for a period ending not later than one year
after such date.
[(B) The authority of the Secretary to waive the
application of subsections (a) through (d) for an
annuitant pursuant to subparagraph (C)(i) of paragraph
(1) shall terminate on September 30, 2009.
[(C) The authority of the Secretary to waive the
application of subsections (a) through (d) for an
annuitant pursuant to subparagraph (C)(ii) of paragraph
(1) shall terminate on September 30, 2009.]
[(3)] (2) The Secretary should prescribe procedures
for the exercise of any authority under paragraph
(1)(B), including criteria for any exercise of
authority and procedures for a delegation of authority.
* * * * * * *
Sec. 825. Voluntary Contributions.--(a) * * *
* * * * * * *
(b) The benefits provided by [subsection (a) (2), (3), or
(4)] paragraph (2), (3), or (4) of subsection (a)shall be
actuarially equivalent in value to the payment provided for by
subsection (a)(1) and shall be calculated upon such tables of
mortality as may be from time to time prescribed for this
purpose by the [Secretary of the Treasury] Secretary of State.
* * * * * * *
Sec. 855. Entitlement to Annuity.--(a)(1) * * *
* * * * * * *
(3) For purposes of any annuity computation under this
subsection, the average pay (as used in [section 8414] section
8415 of title 5, United States Code) of any member of the
Service whose official duty station [is outside the continental
United States shall] was outside the continental United States
during the period beginning on December 29, 2002, and ending on
the day before the first day of the first pay period beginning
on or after October 1, 2011 (or during any portion of such pay
period), shall, to the extent that such computation is based on
the basic salary or basic pay of such member while the member
was outside the United States, be considered to be the salary
that would have bee paid to the member had the member's
official duty station been Washington, D.C., including
locality-based comparability payments under section 5304 of
title 5, United States Code, that would have been payable to
the member if the member's official duty station had been
Washington, D.C.
* * * * * * *
Sec. 856. Deductions and Withholdings from Pay.--(a) The
employing agency shall deduct and withhold from the basic pay
of each participant the applicable percentage of basic pay
specified in paragraph (2) of this subsection minus the
percentage then in effect under section 3101(a) of the Internal
Revenue Code of 1986 (26 U.S.C. 3101(a)) (relating to the rate
of tax for old age, survivors, and disability insurance).
* * * * * * *
[(2) The applicable percentage under this subsection
shall be as follows:
----------------------------------------------------------------------------------------------------------------
[Percentage [Time Period
----------------------------------------------------------------------------------------------------------------
[7.5......................................... [Before January 1, 1999.
[7.75........................................ [January 1, 1999, to December 31, 1999.
[7.9......................................... [January 1, 2000, to December 31, 2000.
[7.55........................................ [After January 11, 2003.]
----------------------------------------------------------------------------------------------------------------
(2) The applicable percentage specified in this paragraph
shall be as follows:
----------------------------------------------------------------------------------------------------------------
Percentage Time Period
----------------------------------------------------------------------------------------------------------------
7.5.......................................... Before January 1, 1999.
7.75......................................... January 1, 1999, to December 31, 1999.
7.9.......................................... January 1, 2000, to December 31, 2000.
7.55......................................... January 11, 2003, to the day before the first day of the first
pay period beginning on or after October 1, 2011.
7.5.......................................... Beginning on the first day of the first pay period beginning on
or after October 1, 2011.
----------------------------------------------------------------------------------------------------------------
* * * * * * *
Sec. 859. General and Administrative Provisions.--(a) * * *
* * * * * * *
(c) At least every 5 years, the [Secretary of the Treasury]
Secretary of State shall prepare periodic valuations of the
Foreign Service Pension System [and shall advise the Secretary
of State of (1) the normal cost of the System, (2) the
supplemental liability of the System, and (3) the amounts
necessary to finance the costs of the System.] that will
provide--
(1) the normal cost of the System;
(2) the supplemental liability of the System; and
(3) the amounts necessary to finance the costs of the
System.
* * * * * * *
Chapter 9--Travel, Leave, and Other Benefits
* * * * * * *
Sec. 901. Travel and Related Expenses.--The Secretary may
pay the travel and related expenses of members of the Service
and their families, including costs or expenses incurred for--
(1) proceeding to and returning from assigned posts
of duty;
[(2) authorized or required home leave;]
``(2) authorized or required home leave, including
optional home leave travel, in an amount that does not
exceed the cost, per person, of the member of the
Service, by--
``(A) family members residing at the
employee's post of assignment; and
``(B) family members residing at other
authorized locations because they are prevented
by official order from residing at post;
* * * * * * *
Sec. 903. Required Leave in the United States.--(a) The
Secretary may order a member of the Service (other than a
member employed under section 311) 337 who is a citizen of the
United States to take a leave of absence under section 6305 of
title 5, United States Code (without regard to the introductory
clause of subsection (a) of that section), upon completion by
that member of [18 months of continuous service abroad] 12
months of continuous service abroad (or after a shorter period
of such service if the member's assignment is terminated for
the convenience of the Service. The Secretary shall order on
such a leave of absence a member of the Service (other than a
member employed under section 311) who is a citizen of the
United States as soon as possible after completion by that
member of 3 years of continuous service abroad.
* * * * * * *
Foreign Relations Authorization Act, Fiscal Year 1979
* * * * * * *
Sec. 504. (a)(1) * * *
* * * * * * *
(e)(1) The Secretary may award grants and enter into
cooperative agreements related to science and technology
fellowship programs of the Department of State, including for
assistance in recruiting fellows and the payment of stipends,
travel, and other appropriate expenses to fellows.
(2) Grants awarded under this subsection may be--
(A) part of the United States Science Envoy program;
and
(B) used to select our Nation's preeminent
scientists, Nobel laureates, and leaders in technology
who will travel overseas to represent the commitment of
the United States to collaborate with other countries
to promote the advancement of science and technology
throughout the world based on issues of common interest
and expertise.
(3) Stipends awarded under this subsection shall not be
considered compensation for purposes of section 209 of title
18, United States Code.
(4) The total amount of grants awarded under this subsection
shall not exceed $2,000,000 in any fiscal year.
Foreign Relations Authorization Act,
Fiscal Years 1990 and 1991
SEC. 136. INCREASED PARTICIPATION OF UNITED STATES CONTRACTORS IN LOCAL
GUARD CONTRACTS ABROAD UNDER THE DIPLOMATIC
SECURITY PROGRAM.
(a) Findings.--The Congress makes the following findings:
* * * * * * *
(c) Participation of United States Contractors in Local
Guard Contracts Abroad.--With respect to local guard contracts
for a Foreign Service building which exceed $250,000 and are
entered into after the date of enactment of this Act, the
Secretary of State shall--
(1) establish procedures to ensure that all
solicitations for such contracts are adequately
advertised in the Commerce and Business Daily;
(2) absent compelling reasons, award such contracts
through the competitive process;
[(3) in evaluating proposals for such contracts,
award contracts to the technically acceptable firm
offering the lowest evaluated price, except that
proposals of United States persons and qualified United
States joint venture persons (as defined in subsection
(d)) shall be evaluated by reducing the bid price by 10
percent;]
(3) in evaluating proposals for such contracts, award
contracts to technically acceptable firms offering the
lowest evaluated price, except that--
(A) the Secretary may award contracts on the
basis of best value (as determined by a cost-
technical tradeoff analysis); and
(B) proposals received from United States
persons and qualified United States joint
venture persons shall be evaluated by reducing
the bid price by 10 percent;
* * * * * * *
Omnibus Diplomatic Security and Antiterrorism Act of 1986
* * * * * * *
TITLE III--PERFORMANCE AND ACCOUNTABILITY
SEC. 301. ACCOUNTABILITY REVIEW BOARDS.
(a) In General.--
(1) Convening a board.-- * * *
* * * * * * *
(3) Facilities in [afghanistan and] afghanistan,
pakistan, and iraq.--
(A) Limited exemptions from requirement to
convene board.--The Secretary of State is not
required to convene a Board in the case of an
incident that--
(i) involves serious injury, loss of
life, or significant destruction of
property at, or related to, a United
States Government mission in
[Afghanistan or] Afghanistan, Pakistan,
or Iraq; and
(ii) occurs during the period
beginning on October 1, 2005, and
ending on September 30, [2009] 2010.
* * * * * * *
Migration and Refugee Assistance Act of 1962
Sec. 2. (a)(1) The President is authorized to continue
membership for the United States in the International
Organization for Migration in accordance with the constitution
of such organization approvedin Venice, Italy, on October 19,
1953, as amended in Geneva, Switzerland, on November 24, 1998,
upon entry into force of such amendments.
* * * * * * *
(c)(1) Whenever the President determines it to be important
to the national interest he is authorized to furnish on such
terms and conditions as he may determine assistance under this
Act for the purpose of meeting unexpected urgent refugee and
migration needs.
(2) There is established a United States Emergency Refugee
and Migration Assistance Fund to carry out the purposes of this
section. There is authorized to be appropriated to the
President from time to time such amounts as may be necessary
for the fund to carry out the purposes of this section, except
that no amount of funds may be appropriated which, when added
to amounts previously appropriated but not yet obligated, would
cause such amounts to exceed [$100,000,000] $200.000.000.
Amounts appropriated hereunder shall remain available until
expended.
* * * * * * *
Immigration and Nationality Act
* * * * * * *
SEC. 101. GENERAL PROVISIONS.
(a) As used in this chapter--
* * * * * * *
(b) As used in subchapters I and II of this chapter--
(1) The term ``child'' means an unmarried person
under twenty-one years of age who is--
(A) a child born in wedlock;
* * * * * * *
(G) [a child, under the age of sixteen] a
child who
(i) is younger than 16 years of age
at the time a petition is filed on the
child's behalf to accord a
classification as an immediate relative
under section 1151(b) of this title,
who has been adopted in a foreign state
that is a party to the Convention on
Protection of Children and Co-operation
in Respect of Intercountry Adoption
done at The Hague on May 29, 1993, or
who is emigrating from such a foreign
state to be adopted in the United
States, by a United States citizen and
spouse jointly, or by an unmarried
United States citizen at least [25
years of age--] 25 years of age if--
[(i) if--]
(I) the Attorney General is
satisfied that proper care will
be furnished the child if
admitted to the United States;
(II) the child's natural
parents (or parent, in the case
of a child who has one sole or
surviving parent because of the
death or disappearance of,
abandonment or desertion by,
the other parent), or other
persons or institutions that
retain legal custody of the
child, have freely given their
written irrevocable consent to
the termination of their legal
relationship with the child,
and to the child's emigration
and adoption;
(III) in the case of a child
having two living natural
parents, the natural parents
are incapable of providing
proper care for the child;
(IV) the Attorney General is
satisfied that the purpose of
the adoption is to form a bona
fide parent-child relationship,
and the parent-child
relationship of the child and
the natural parents has been
terminated (and in carrying out
both obligations under this
subclause the Attorney General
may consider whether there is a
petition pending to confer
immigrant status on one or both
of such natural parents); and
(V) in the case of a child
who has not been adopted--
(aa) the competent
authority of the
foreign state has
approved the child's
emigration to the
United States for the
purpose of adoption by
the prospective
adoptive parent or
parents; and
(bb) the prospective
adoptive parent or
parents has or have
complied with any pre-
adoption requirements
of the child's proposed
residence; and
[(ii)] (VI) except that no
natural parent or prior
adoptive parent of any such
child shall thereafter, by
virtue of such parentage, be
accorded any right, privilege,
or status under this chapter[.]
; or
(ii) subject to the same conditions
as in clause (i), except with respect
to the age of the child--
(I) is a natural sibling of a
child described in clause (i),
subparagraph (E)(i), or
subparagraph (F)(i);
(II) has been adopted abroad,
or is coming to the United
States for adoption, by the
adoptive parent (or prospective
adoptive parent) or parents of
the sibling described in clause
(i), subparagraph (E)(i), or
subparagraph (F)(i); and
(III) is younger than 18
years of at the time a petition
is filed in his or her behalf
to accord a classification as
an immediate relative under
section 201(b).
* * * * * * *
SEC. 209. ADJUSTMENTS OF STATUS OF REFUGEES.
(a) Inspection and Examination by Department of Homeland
Security.--
(1) Any alien who has been admitted to the United
States under section 1157 of this title--
(A) whose admission has not been terminated
by the Secretary of Homeland Security or the
Attorney General pursuant to such regulations
as the Secretary of Homeland Security or the
Attorney General may prescribe,
(B) who has been physically present in the
United States for at least one year, and
(C) who has not acquired permanent resident
status, shall, at the end of such year period,
return or be returned to the custody of the
Department of Homeland Security for inspection
and examination for admission to the United
States as an immigrant in accordance with the
provisions of sections 1225, 1229a, and 1231 of
this title.
shall, at the end of such year period, return [or be
returned to the custody of] to the Department of
Homeland Security [for inspection and examination] to
be inspected and examined for admission to the United
States as an immigrant in accordance with the
provisions of sections 1225, 1229a, and 1231 of this
title.
* * * * * * *
SEC. 212. INADMISSIBLE ALIENS.
(a) Classes of Aliens Ineligible for Visas or Admission.--
Except as otherwise provided in this chapter, aliens who are
inadmissible under the following paragraphs are ineligible to
receive visas and ineligible to be admitted to the United
States:
(1) Health-related grounds--
(A) In general.--Any alien--
* * * * * * *
(C) Exception from immunization requirement
for adopted children 10 years of age or
younger.--Clause (ii) of subparagraph (A) shall
not apply to a child who--
(i) is 10 years of age or younger,
(ii) is described in [section
1101(b)(1)(F),] subparagraph (F) or (G)
of section 101(b)(1); of this title,
and
* * * * * * *
(10) Miscellaneous
* * * * * * *
(C) International child abduction.--
* * * * * * *
(iii) Exceptions.--Clauses (i) and
(ii) shall not apply--
(I) to a government official
of the United States who is
acting within the scope of his
or her official duties; or
(II) to a government official
of any foreign government if
the official has been
designated by the Secretary of
State at the Secretary's sole
and unreviewable discretion[;
or] .
[(III) so long as the child
is located in a foreign state
that is a party to the
Convention on the Civil Aspects
of Inernational Child
Abduction, done at The Hague on
October 25, 1980.]
* * * * * * *
Sec. 221. (a) Immigrants; Nonimmigrants.--
(1) * * *
* * * * * * *
(b) Registration; Photographs; Waiver of Requirement.--
Each alien who applies for a visa shall be registered in
connection with his application, and shall furnish copies of
his photograph [signed by him] for such use as may be by
regulations required. The requirements of this subsection may
be waived in the discretion of the Secretary of State in the
case of any alien who is within that class of nonimmigrants
enumerated in sections 101(a)(15)(A), and 101(a)(15)(G), or in
the case of any alien who is granted a diplomatic visa on a
diplomatic passport or on the equivalent thereof.
* * * * * * *
(iv) Subject to such regulations as
the Secretary of State may prescribe,
mailings required under this subsection
may be transmitted by electronic means
if an applicant consents to electronic
service.
* * * * * * *
Fisherman's Protective Act of 1967
SEC. 1977. REIMBURSEMENT FOR SEIZED COMMERCIAL FISHERMEN.
(a) Agreement to Reimburse for Actual Costs, Confiscation
or Spoilage of Fish, and Loss of Income,-- * * *
* * * * * * *
(e) Effective Date.--The provisions of this section shall
be effective until October 1, [2008] 2013; except that payments
may be made under this section only to such extent and in such
amounts as are provided in advance in appropriation Acts.
* * * * * * *
International Religious Freedom Act of 1998
* * * * * * *
SEC. 102. REPORTS.
(a) Portions of Annual Human Rights Reports.--The
Ambassador at Large shall assist the Secretary of State in
preparing those portions of the Human Rights Reports that
relate to freedom of religion and freedom from discrimination
based on religion and those portions of other information
provided Congress under sections 116 and 502B of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151m, 2304) that relate to
the right to freedom of religion.
(b) Annual Report on International Religious Freedom.--
(1) Deadline for submission.--On [September 1] April
1 of each year or the first day thereafter on which the
appropriate House of Congress is in session, the
Secretary of State, with the assistance of the
Ambassador at Large, and taking into consideration the
recommendations of the Commission, shall prepare and
transmit to Congress an Annual Report on International
Religious Freedom supplementing the most recent Human
Rights Reports by providing additional detailed
information with respect to matters involving
international religious freedom. Each Annual Report
shall contain the following:
* * * * * * *
Foreign Relations Authorization Act,
Fiscal Years 1994 and 1995
United States International Broadcasting Act of 1994
Sec. 404. Assessed Contributions for United Nations
Peacekeeping Operations.
(a) Reassessment of Contribution Percentages.-- * * *
* * * * * * *
(b) Limitation on United States Contributions.--
* * * * * * *
(2) Subsequent fiscal years.--(A) In general.--Except
as provided in subparagraph (B), funds authorized to be
appropriated for ``Contributions for International
Peacekeeping Activities'' for any fiscal year after
fiscal year 1995 shall not be available for the payment
of the United States assessed contribution for a United
Nations peacekeeping operation in an amount which is
greater than 25 percent of the total of all assessed
contributions for that operation.
(B) Reduction in united states share of assessed
contributions.--Notwithstanding the percentage
limitation contained in subparagraph (A), the United
States share of assessed contributions for each United
Nations peacekeeping operation during the following
periods is authorized to be as follows:
(i) For assessments made during calendar year
2001, 28.15 percent.
* * * * * * *
(vi) For assessments made during calendar
year 2010 and thereafter, 27.5 percent.
* * * * * * *
Foreign Affairs Reform and Restructuring Act of 1998
* * * * * * *
SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.
The United States Advisory Commission on Public Diplomacy,
established under section 604 of the United States Information
and Educational Exchange Act of 1948 (22 U.S.C. 1469) and
section 8 of Reorganization Plan Numbered 2 of 1977, shall
continue to exist and operate under such provisions of law
until [October 1, 2010] October 1, 2011.
* * * * * * *
United States International Broadcasting Act of 1994
* * * * * * *
SEC. 303. STANDARDS AND PRINCIPLES.
(a) Broadcasting Standards.-- * * *
* * * * * * *
(b) Broadcasting Principles.--United States international
broadcasting shall include--
(1) news which is consistently reliable and
authoritative, accurate, objective, and comprehensive;
(2) a balanced and comprehensive projection of United
States thought and institutions, reflecting the
diversity of United States culture and society;
(3) clear and effective presentation of the
policies[, including editorials,] broadcast by the
Voice of America, which present the views of the United
States Government of the United States Government and
responsible discussion and opinion on those policies;
* * * * * * *
SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.
(a) Continued Existence Within Executive Branch.--
* * * * * * *
(g) Immunity from Civil Liability.--Notwithstanding any
other provision of law, any and all limitations on liability
that apply to the members of the Broadcasting Board of
Governors also shall apply to such members when acting in their
capacities as members of the boards of directors of [RFE/RL,
Incorporated and] RFE/RL Incorporated, Middle East Broadcasting
Networks, Inc., and Radio Free Asia
* * * * * * *
SEC. 309. RADIO FREE ASIA.
(a) Authority.--
* * * * * * *
(c) Grant Agreement.--Any grant agreement or grants under
this section shall be subject to the following limitations and
restrictions:
(1) The Board may not make any grant to Radio Free
Asia unless the headquarters of Radio Free Asia and its
senior administrative and managerial staff are in a
location which ensures economy, operational
effectiveness, and accountability to the Board.
(2) Any grant agreement under this section shall
require that any contract entered into by Radio Free
Asia shall specify that all obligations are assumed by
Radio Free Asia and not by the United States Government
[, and shall further specify that funds to carry out
the activities of Radio Free Asia may not be available
after September 30, 2010].
* * * * * * *
[(f) Sunset Provision.--The Board may not make any grant
for the purpose of operating Radio Free Asia after September
30, 2009.]
[(g)] (f) Notification and Consultation Regarding
Displacement of Voice of America Broadcasting.--[The Board]
(1) Notification._ The Board shall notify the appropriate
congressional committees [before entering] before--
(A) entering into any agreements for the utilization
of Voice of America transmitters, equipment, or other
resources that will significantly reduce the
broadcasting activities of the Voice of America in Asia
or any other region in order to accommodate the
broadcasting activities of [Radio Free Asia.] Radio
Free Asia; or
(B) entering into any agreements in regard to the
utilization of Radio Free Asia transmitters, equipment,
or other resources that will significantly reduce the
broadcasting activities of Radio Free Asia.
(2) Consultation._The Chairman of the Board shall consult
with such committees on the impact of any such reduction in
Voice of America broadcasting activities or Radio Free Asia
broadcasting activities.
[(h)] (g) Not a Federal Agency or Instrumentality.--Nothing
in this title may be construed to make Radio Free Asia a
Federal agency or instrumentality.
* * * * * * *
Millennium Challenge Act of 2003
* * * * * * *
SEC. 606. CANDIDATE COUNTRIES.
(a) Low Income Countries.--
[(1) Fiscal Year 2004.--A country shall be a
candidate country for purposes of eligibility for
assistance for fiscal year 2004 if--
[(A) the country is eligible for assistance
from the International Development Association,
and the per capita income of the country is
equal to or less than the historical ceiling of
the International Development Association for
that year, as defined by the International Bank
for Reconstruction and Development; and]
(1) In General.--A country shall be a candidate
country for purposes of eligibility for assistance for
any fiscal year if--
(A) the country--
(i) has a per capita income that is
not greater than the World Bank's lower
middle income country threshold for
such fiscal year; and
(ii) is among the 75 lowest per
capita income countries, as identified
by the World Bank; and
(B) [subject to paragraph (3)] subject to
paragraph (2), the country is not ineligible to
receive United States economic assistance under
part I of the Foreign Assistance Act of 1961 by
reason of the application of any provision of
the Foreign Assistance Act of 1961 or any other
provision of law.
[(2) Fiscal year 2005 and subsequent fiscal years.--A
country shall be a candidate country for purposes of
eligibility for assistance for fiscal year 2005 or a
subsequent fiscal year if-
[(A) the per capita income of the country is
equal to or less than the historical ceiling of
the International Development Association for
the fiscal year involved, as defined by the
International Bank for Reconstruction and
Development; and
[(B) the country meets the requirements of
paragraph (1)(B).]
[(3)] (2) Rule of construction.--For the purposes of
determining whether a country is eligible for receiving
assistance under section 605 pursuant to paragraph
(1)(B), the exercise by the President, the Secretary of
State, or any other officer or employee of the United
States of any waiver or suspension of any provision of
law referred to in such paragraph, and notification to
the appropriate congressional committees in accordance
with such provision of law, shall be construed as
satisfying the requirement of such paragraph.
(b) Lower Middle Income Countries.--
(1) In general.--In addition to countries described
in subsection (a), a country shall be a candidate
country for purposes of eligibility for assistance [for
fiscal year 2006 or a subsequent fiscal year] for any
fiscal year if the country--
[(A) is classified as a lower middle income
country in the then most recent edition of the
World Development Report for Reconstruction and
Development published by the International Bank
for Reconstruction and Development and has an
income greater than the historical ceiling for
International Development Association
eligibility for the fiscal year involved; and
[(B) meets the requirements of subsection
(a)(1)(B).
(A) has a per capita income that is not
greater than the World Bank's lower middle
income country threshold for such fiscal year;
(B) is not among the 75 lowest per capita
income countries as identified by the World
Bank; and
(C) meets the requirements under subsection
(a)(1)(B).
(2) Limitation.--The total amount of assistance
provided to countries described in paragraph (1) for
fiscal year 2006 or any subsequent fiscal year may not
exceed 25 percent of the total amount of assistance
provided to all countries under section 605 [for fiscal
year 2006 or the subsequent fiscal year,] for such
fiscal year as the case may be.
[(c)] Identification by the Board.--The Board shall
identify whether a country is a candidate country for purposes
of this section.
(c) Maintaining Candidate Status.--A candidate country
transitioning between the income categories identified in
subsections (a) and (b) may retain its candidacy at the former
income category for the year of such transition and for the 2
subsequent fiscal years.
SEC. 609. MILLENNIUM CHALLENGE COMPACT.
(a) Compact.--
* * * * * * *
[(j) Duration of Compact.--The duration of a Compact shall
not exceed 5 years.]
(j) Extension of Compact.--
(1) In general.--Except as provided under paragraph
(2), the duration of a Compact shall not exceed 5
years.
(2) Exception.--The duration of a Compact may be
extended beyond 5 years if the Board--
(A) determines that a project included in the
Compact cannot be completed in 5 years or less;
and
(B) approves an extension of the Compact that
does not extend the total duration of the
Compact beyond 7 years.
(3) Congressional notification.--Not later than 15
days before the date on which the Board is scheduled to
vote on the extension of a Compact beyond 5 years
pursuant to paragraph (2), the Board, acting through
the Chief Executive Officer, shall--
(A) notify the Committee on Foreign Relations
of the Senate and the Committee on Foreign
Affairs of the House of Representatives of its
intent to approve such extension; and
(B) provide the committees referred to in
subparagraph (A) with a detailed explanation
for the determination and approval described in
paragraph (2).
[(k) Subsequent Compacts.--An eligible country and the
United States may enter into and have in effect only one
Compact at any given time under this section. An eligible
country and the United States may enter into one or more
subsequent Compacts in accordance with the requirements of this
title after the expiration of the existing Compact.]
(k) Concurrent and Subsequent Compacts.--
(1) In general.--Subject to paragraph (2), and in
accordance with the requirements of this title, an
eligible country and the United States--
(A) may enter into and have in effect more
than 1 Compact at any given time; and
(B) may enter into subsequent Compacts after
the expiration of existing Compacts.
(2) Requirements.--
(A) Concurrent compacts.--An eligible country
and the United States may not enter into a
concurrent Compact unless the Board determines
that such country is making considerable and
demonstrable progress in implementing the terms
of its existing Compact and supplementary
agreements to such Compact.
(B) Subsequent compacts.--An eligible country
and the United States may not enter into a
subsequent Compact unless the Board determines
that--
(i) such country has substantially
met the objectives of prior Compacts
between the country and the United
States and supplementary agreements to
such Compacts; or
(ii) the country has demonstrated
sufficient capacity to perform
successfully on the subsequent Compact.
* * * * * * *
Department of State Authorization, Fiscal Year 2003
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES
* * * * * * *
SEC. 504. PERSONAL SERVICES CONTRACTING [PILOT] PROGRAM.
(a) In General.--The Director of the International
Broadcasting Bureau (in this section referred to as the
``Director'') may establish a [pilot] program (in this section
referred to as the ``program'') for the purpose of hiring
United States citizens or aliens as personal services
contractors, [without regard to Civil Service and
classification laws,] for service in the United States as
broadcasters, producers, and writers in the International
Broadcasting Bureau to respond to new or emerging broadcast
needs or to augment broadcast services A personal services
contractor hired pursuant to this section shall not be
considered a Federal employee (as defined under section 2105 of
title 5, United States Code) for any purpose.
(b) Conditions.--The Director is authorized to use the
authority of subsection (a) subject to the following
conditions:
(1) The Director determines that existing personnel
resources are insufficient and the need is not of
permanent duration.
(2) The Director approves each employment of a
personal services contractor.
(3) The contract length, including options, may not
exceed 2 years, unless the Director makes a finding
that exceptional circumstances justify an extension of
up to one additional year.
(4) Not more than a total of 60 United States
citizens or aliens are employed at any one time as
personal services contractors under the program.
(5) The annual salary rate for personal services
contractors may not exceed the rate for level IV of the
Executive Schedule under section 5315 of title 5,
United States Code.
(c) Termination of Authority.--The authority to award
personal services contracts under [the pilot program
authorized by this section] the program shall terminate
on December 31, 2006. A contract entered into prior to
the termination date under this subsection may remain
in effect for a period not to exceed 6 months after
such termination date.
* * * * * * *
Intelligence Reform and Terrorism Prevention Act of 2004
* * * * * * *
Subtitle B--Terrorist Travel and Effective Screening
SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.
(a) Findings.-- * * *
* * * * * * *
(c) Frontline Counterterrorist Travel Technology and
Training.--
(1) Technology acquisition and dissemination plan.--
Not later than 180 days after the date of enactment of
this Act, the Secretary of Homeland Security, in
conjunction with the Secretary of State, shall submit
to Congress a plan describing how the Department of
Homeland Security and the Department of State can
acquire and deploy, to the maximum extent feasible, to
all consulates, ports of entry, and immigration
benefits offices, technologies that facilitate document
authentication and the detection of potential terrorist
indicators on travel documents. To the extent possible,
technologies acquired and deployed under this plan
shall be compatible with systems used by the Department
of Homeland Security and the Department of State to
detect fraudulent documents and identify genuine
documents.
* * * * * * *
SEC. 7209. TRAVEL DOCUMENTS.
(a) Findings.--Consistent with the report of the National
Commission on Terrorist Attacks Upon the United States,
Congress makes the following findings:
* * * * * * *
(d) Transit Without VISA Program.--The Secretary of State
shall not use any authorities granted under section
212(d)(4)(C) of such Act until [the Secretary, in conjunction
with the Secretary of Homeland Security] the Secretary of
Homeland Security, in consultation with the Secretary of State,
completely implements a security plan to fully ensure secure
transit passage areas to prevent aliens proceeding in immediate
and continuous transit through the United States from illegally
entering the United States.
* * * * * * *
Violence Against Women and Department of Justice Reauthorization Act of
2005
* * * * * * *
SUBTITLE D--INTERNATIONAL MARRIAGE BROKER REGULATION
* * * * * * *
SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS
AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.
(a) Information for K Nonimmigrants on Legal Rights and
Resources for Immigrant Victims of Domestic Violence--
(1) In general.-- * * *
* * * * * * *
(5) Availability and distribution.--The information
pamphlet developed under paragraph (1) shall be made
available and distributed as follows:
(A) Mailings to k nonimmigrant visa
applicants
(i) The pamphlet shall be mailed by
the Secretary of State to each
applicant for a K nonimmigrant visa at
the same time that the instruction
packet regarding the visa application
process is mailed to such applicant.
* * * * * * *
(iv) Subject to such regulations as
the Secretary of State may prescribe,
mailings required under this subsection
may be transmitted by electronic means
if an applicant consents to electronic
service.
* * * * * * *
United Nations Participation Act of 1945
* * * * * * *
[Sec. 9. The Secretary of State may, under such regulations
as he shall prescribe, and notwithstanding section 3648 of the
Revised Statutes (31 U.S.C. 529) and section 5536 of title 5,
United States Code:
[(1) Make available to the Representative of the
United States to the United Nations and the Deputy
Permanent Representative of the United States to the
United Nations living quarters leased or rented by the
United States (for periods not exceeding ten years) and
allowances for unusual expenses incident to the
operation and maintenance of such living quarters
similar to those and to be considered for all purposes
as authorized by section 22 of the Administrative
Expenses Act of 1946, as amended by section 311 of the
Overseas Differentials and Allowances Act.
[(2) Make available in New York to no more than
foreign service employees of the staff of the United
States Mission to the United Nations, other
representatives, and no more than two employees who
serve at the pleasure of the Representative, living
quarters leased or rented by the United States (for
periods not exceeding ten years). The number of
employees to which such quarters will be made available
shall be determined by the Secretary and shall reflect
a significant reduction over the number of persons
eligible for housing benefits as of the date of
enactment of this provision. No employee may occupy a
unit under this provision if the unit is owned by the
employee. The Secretary shall require that each
employee occupying housing under this subsection
contribute to the Department of State a percentage of
his or her base salary, in an amount to be determined
by the Secretary of State toward the cost of such
housing. The Secretary may reduce such payments to the
extent of income taxes paid on the value of the leased
or rented quarters any payments made by employees to
the Department of State for occupancy by them of living
quarters leased or rented under this section shall be
credited to the appropriation, fund, or account
utilized by the Secretary of State for such lease or
rental or to the appropriation, fund, or account
currently available for such purpose.
[(3) provide such allowance as the Secretary
considers appropriate, to each Delegate and Alternate
Delegate of the United States to any session of the
General Assembly of the United Nations who is not a
permanent member of the staff of the United States
Mission to the United Nations, in order to compensate
each such Delegate or Alternate Delegate for necessary
housing and subsistence expenses incurred by him with
respect to attending any such session.
[(4) The Inspector General shall review the program
established by this section no later than December 1989
and periodically thereafter with a view to increasing
cost savings and making other appropriate
recommendations.]
Sec. 9. (a) The Secretary of State, under such regulations as
the Secretary shall prescribe, and notwithstanding subsections
(a) and (b) of section 3324 of title 31, United States Code,
and section 5536 of title 5, United States Code, may--
(1) make available, to the Permanent Representative
of the United States to the United Nations and the
Deputy Permanent Representative of the United States to
the United Nations--
(A) living quarters leased or rented by the
United States for a period not longer than 10
years; and
(B) allowances for unusual expenses incident
to the operation and maintenance of such living
quarters that are similar to expenses
authorized under section 5913 of title 5,
United States Code; and
(2) make available living quarters in New York leased
or rented by the United States for--
(A) a period not longer than 10 years to
other United States representatives to the
United Nations and to not more than 2 employees
who serve at the pleasure of the Permanent
Representative of the United States to the
United Nations; and
(B) a period not longer than 5 years to not
more than 35 members of the Foreign Service
assigned to the United States Mission to the
United Nations; and
(3) provide an allowance, as the Secretary considers
appropriate, to each Delegate and Alternate Delegate of
the United States to any session of the General
Assembly of the United Nations who is not a permanent
member of the staff of the United States Mission to the
United Nations, in order to compensate each such
Delegate or Alternate Delegate for necessary housing
and subsistence expenses with respect to attending any
such session.
(b) The Secretary of State may not make available living
quarters or allowances under subsection (a) to an employee who
is occupying living quarters that are owned by such employee.
(c) Living quarters and allowances provided under subsection
(a) shall be considered for all purposes as authorized under--
(1) chapter 9 of title I of the Foreign Service Act
of 1980 (22 U.S.C. 4081 et seq.); and
(2) section 5913 of title 5, United States Code.
(d) The Inspector General of the Department of State shall--
(1) periodically review the administration of this
section to achieve cost savings; and
``(2) develop appropriate recommendations for the
Secretary of State regarding the administration of this
section.
* * * * * * *
Reconstruction and Stabilization Civilian
Management Act of 2008
* * * * * * *
SEC. 1603. DEFINITIONS.
In this title:
(1) Administrator.The term ``Administrator'' means
the Administrator of the United States Agency for
International Development.
(2) Agency.--The term ``agency'' means any entity
included in chapter 1 of title 5, United States Code.
(3) Appropriate congressional committees.--The term
``appropriate congressional committees'' means the
Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations
of the Senate.
(4) Department.--Except as otherwise provided in this
title, the term ``Department'' means the Department of
State.
[(5) Personnel.--The term ``personnel'' means
individuals serving in any service described in section
2101 of title 5, United States Code, other than in the
legislative or judicial branch.]
(5) Personnel.--The term ``personnel'' means--
(A) individuals serving in any service
described in section 2101 of title 5, United
States Code, other than in the legislative or
judicial branch;
(B) individuals employed by personal services
contract, including individuals employed
pursuant to--
(i) section 2(c) of the State
Department Basic Authorities Act of
1956 (22 U.S.C. 2669(c)); or
ii) section 636(a)(3) of the
Foreign Assistance Act of 1961 (22
U.S.C. 2396(a)(3));
(C) individuals appointed under section 303
of the Foreign Service Act of 1980 (22 U.S.C.
3943); and
(D) Locally employed staff who are employed
by participating agencies.
(6) Secretary.--The term ``Secretary'' means the
Secretary of State.
* * * * * * *
The Peace Corps Act
* * * * * * *
Sec. 3. (a) The President is authorized to carry out
programs in furtherance of the purposes of this Act, on such
terms and conditions as he may determine.
(b)[(1) There are authorized to be appropriated to carry
out the purposes of this Act $270,000,000 for fiscal year 2000,
$298,000,000 for fiscal year 2001, $327,000,000 for fiscal year
2002, and$365,000,000 for fiscal year 2003.]
(1) There is authorized to be appropriated
$446,150,000 for fiscal year 2011 to carry out the
purposes of this chapter.
* * * * * * *
Miscellaneous Appropriations Act, 2001
TITLE II--VIETNAM EDUCATION FOUNDATION ACT OF 2000
* * * * * * *
SEC. 202. PURPOSES.
The purposes of this title are the following:
(1) To establish an international fellowship program
under which--
(A) Vietnamese nationals can undertake
graduate and post-graduate level studies in the
sciences (natural, physical, and
environmental), mathematics, medicine, and
technology (including information technology)
in the United States; and
(B) United States citizens can teach in the
fields specified in subparagraph (A) in
academic institutions in Vietnam.
(2) To further the process of reconciliation between
the United States and Vietnam and the building of a
bilateral relationship serving the interests of both
countries.
(3) To support the development of 1 or more academic
institutions in Vietnam by financing the participation
of United States institutions of higher education in
the governance, management, and academic activities of
such academic institutions in Vietnam.
SEC. 203. DEFINITIONS.
In this title:
[(1) Board.--The term ``Board'' means the Board of
Directors of the Foundation.]
[(2)] (1) Foundation.--The term ``Foundation'' means
the Vietnam Education Foundation established in section
204.
[(3)] (2) Institution of Higher Education.--The term
``institution of higher education'' has the meaning
given the term in section 101(a) of the Higher
Education Act of 1965 (20 U.S.C. 1001(a)).
(3) Secretary.--The term ``Secretary'' means the
Secretary of State.
SEC. 204. ESTABLISHMENT.
[There is established the Vietnam Education Foundation as
an independent establishment of the executive branch under
section 104 of title 5, United States Code.]
There is established, within the Bureau of Educational and
Cultural Affairs of the Department of State, the Vietnam
Education Foundation (referred to in this title as the
``Foundation'').
[SEC. 205. BOARD OF DIRECTORS.
[(a) In General.--The Foundation shall be subject to the
supervision and direction of the Board of Directors, which
shall consist of 13 members, as follows:
[(1) Two members of the House of Representatives
appointed by the Speaker of the House of
Representatives, one of whom shall be appointed upon
the recommendation of the Majority Leader and one of
whom shall be appointed upon the recommendation of the
Minority Leader, and who shall serve as ex officio,
nonvoting members.
[(2) Two members of the Senate, appointed by the
President pro tempore, one of whom shall be appointed
upon the recommendation of the Majority Leader and one
of whom shall be appointed upon the recommendation of
the Minority Leader, and who shall serve as ex officio,
nonvoting members.
[(3) Secretary of State.
[(4) Secretary of Education.
[(5) Secretary of Treasury.
[(6) Six members to be appointed by the President
from among individuals in the nongovernmental sector
who have academic excellence or experience in the
fields of concentration specified in section 202(1)(A)
or a general knowledge of Vietnam, not less than three
of whom shall be drawn from academic life.
[(b) Rotation of Membership.--(1) The term of office of
each member appointed under subsection (a)(6) shall be 3 years,
except that of the members initially appointed under that
subsection, two shall serve for terms of 1 year, two shall
serve for terms of 2 years, and two shall serve for terms of 3
years.
[(2) A member of Congress appointed under subsection (a)(1)
or (2) shall not serve as a member of the Board for more than a
total of 6 years.
[(3) (A) Any member appointed to fill a vacancy prior to
the expiration of the term for which his or her predecessor was
appointed shall be appointed for the remainder of such term.
[(B) Upon the expiration of his or her term of office, any
member may continue to serve until a successor is appointed.
[(c) Chair.--The voting members of the Board shall elect
one of the members appointed under subsection (a)(6) to serve
as Chair.
[(d) Meetings.--The Board shall meet upon the call of the
Chair but not less frequently than twice each year. A majority
of the voting members of the Board shall constitute a quorum.
[(e) Duties.--The Board shall--
[(1) provide overall supervision and direction of the
Foundation;
[(2) establish criteria for the eligibility of
applicants, including criteria established by section
206(b), and for the selection of fellowship recipients;
and
[(3) select the fellowship recipients.
[(f) Compensation.--
[(1) In general.--Except as provided in paragraphs
(2) and (3), each member of the Board shall serve
without compensation.
[(2) Travel expenses.--The members of the Board shall
be allowed travel expenses, including per diem in lieu
of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or
regular places of business in the performance of
service for the Board.
[(3) Compensation of presidential appointees.--The
members of the Board appointed under subsection (a)(6)
shall be paid at the daily equivalent of the rate of
basic pay payable for positions at level V of the
Executive Schedule under section 5316 of title 5,
United States Code, for each day (including travel
time) during which the member is engaged in the actual
performance of duties as a Board member.
[(g) Treatment of Presidential Appointees as Special
Government Employees.--The members of the Board appointed under
subsection (a)(6) shall be special Government employees, as
defined in section 202(a) of title 18, United States Code.
[(h) Travel Regulations.--Members of the Board shall be
subject to the same travel regulations as apply to officers and
employees of the Department of State.]
SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.
(a) Establishment.--
(1) In general.--There shall be established a Vietnam
Education Foundation Advisory Committee (referred to in
this section as the ``Advisory Committee''), which
shall provide advice to the Secretary and the Assistant
Secretary for Educational and Cultural Affairs
regarding the Foundation's activities.
(2) Membership.--The Advisory Committee shall be
composed of 7 members, of whom--
(A) shall be appointed by the Secretary;
(B) shall be appointed by the majority leader
of the Senate;
(C) shall be appointed by the minority leader
of the Senate;
(D) shall be appointed by the Speaker of the
House of Representatives; and
(E) shall be appointed by the minority leader
of the House of Representatives.
(3) Appointment of incumbent members of board of
directors.--Members appointed to the Advisory Committee
may include individuals who were members of the Board
of Directors of the Foundation on the date immediately
preceding the date of the enactment of the Foreign
Relations Authorization Act, Fiscal Years 2010 and
2011.
(b) Supervision.--The Foundation shall be subject to the
supervision and direction of the Secretary, working through the
Assistant Secretary for Educational and Cultural Affairs, and
in consultation with the Advisory Committee.
SEC. 206. FELLOWSHIP PROGRAM.
(a) Award of Fellowships.--
(1) In general.--To carry out the purposes of this
title, the Foundation shall award fellowships to--
(A) Vietnamese nationals to study at
institutions of higher education in the United
States at graduate and post-graduate levels in
the following fields: physical sciences,
natural sciences, mathematics, environmental
sciences, medicine, [technology, and computer
sciences] academic computer science, public
policy, and academic and public management; and
* * * * * * *
SEC. 208. FOUNDATION PERSONNEL MATTERS.
(a) Appointment by [Board] Secretary.--There shall be an
Executive Director 18 of the Foundation who [shall be
appointed] may be appointed by the Board without regard to the
provisions of title 5, United States Code, or any regulation
thereunder, governing appointment in the competitive service.
The Executive Director shall be the Chief Executive Officer of
the Foundation,serve the Advisory Committee, and shall carry
out the functions of the Foundation subject to the supervision
and direction of the Board. The Executive Director shall carry
out such other functions consistent with the provisions of this
title as the Board shall prescribe. [The decision to employ or
terminate an Executive Director shall be made by an affirmative
vote of at least six of the nine voting members of the Board.]
(b) Professional Staff.--The Executive Director shall hire
Foundation staff on the basis of professional and nonpartisan
qualifications.
(c) Experts and Consultants.--The Executive Director may
procure temporary and intermittent services of experts and
consultants as are necessary to the extent authorized by
section 3109 of title 5, United States Code to carry out the
purposes of the Foundation.
(d) Compensation.--The [Board] Secretary may fix the
compensation of the Executive Director and other personnel
without regard to the provisions of chapter 51 and subchapter
III of chapter 53 of title 5, United States Code, relating to
classification of positions and General Schedule pay rates,
except that the rate of pay for the Executive Director and
other personnel may not exceed the rate payable for level IV of
the Executive Schedule under section 5315 of such title.
* * * * * * *
Mutual Educational and Cultural Exchange Act of 1961
* * * * * * *
Sec. 112. (a) In order to carry out the purposes of this
Act, there is established in the United States Information
Agency, or in such appropriate agency of the United States as
the President shall determine, a Bureau of Educational and
Cultural Affairs (hereinafter in this section referred to as
the ``Bureau''). The Bureau shall be responsible for managing,
coordinating, and overseeing programs established pursuant to
this Act, including but not limitedto--
(1) the J. William Fulbright Educational Exchange
Program which, by promoting the exchange of scholars,
researchers, students, trainees, teachers, instructors,
and professors, between the United States and foreign
countries, accomplishes the purposes of section
102(a)(1) of this Act;
* * * * * * *
(8) the Samantha Smith Memorial Exchange Program
which advances understanding between the United States
and the independent states of the former Soviet Union
and between the United States and Eastern European
countries through the exchange of persons under the age
of 21 years and of students at an institution of higher
education (as defined in section 101 of the Higher
Education Act of 1965 who have not received their
initial baccalaureate degree or through other programs
designed to promote contact between the young peoples
of the United States, the independent states of the
former Soviet Union, and Eastern European countries;
[and]
(9) the Arts America program which promotes a greater
appreciation and understanding of American art abroad
by supporting exhibitions and tours by American artists
in other countries[.] ; and
(10) programs administered by the Vietnam Education
Foundation.
* * * * * * *
(g) Working Group on United States Government Sponsored
International Exchanges and Training.-- * * *
* * * * * * *
(h) Report on Secondary School Academic Year Exchange
Programs.--Not later than 90 days after the date of the
enactment of the Foreign Relations Authorization Act, Fiscal
Years 2010 and 2011, and annually thereafter, the President
shall submit a report to the Speaker of the House of
Representatives and the Chairman of the Committee on Foreign
Relations of the Senate that describes the performance of the
secondary school programs for international students of the
Bureau, including--
(1) information for each exchange program supported
by the United States on the objectives of such
exchange;
(2) the number of exchange participants supported;
(3) the types of exchange activities conducted;
(4) the total amount of Federal expenditures for such
exchanges;
(5) the extent to which such exchanges are
duplicative;
(6) the number of sponsor organizations that are
designated by the Department of State to run
international secondary school exchange programs;
(7) the types and number of incidents reported to the
Bureau's Office of Private Sector Exchange involving an
international student;
(8) the average number of incidents per sponsoring
organization that the Office of Private Sector Exchange
has been made aware of, including serious problems or
controversies such as the death of a student, an
accident, an arrest, or reports of sexual abuse;
(9) the average number of complaints reported to the
Office of Private Sector Exchange by a student, host
family, natural parent, or an interested citizen
regarding the performance by a sponsor of its
responsibilities in the conduct of its designated
exchange visitor program as set forth in the Exchange
Visitor Program Regulations;
(10) the number of visa designation compliance
auditing site visits made by United States Government
officials to sponsoring organizations running or
participating in international exchange programs,
excluding routine contacts between staff and officials
of the Bureau and sponsoring organizations as part of
program management activities;
(11) an analysis of the satisfaction of international
secondary school academic year participants with their
program experience;
(12) the average cost per international secondary
school academic year participant;
(13) the numbers of hours program staff members and
volunteers of the exchange program designated
organizations are trained in secondary school academic
year youth exchange oversight and monitoring and J-visa
compliance, and by what type of resource; and
(14) an analysis of best practices in the areas of
recruitment and selection of host parents, program
management of sponsor organizations, and other related
issues used to run these international exchange
programs.
* * * * * * *
5 U.S.C. 5753
Title 5--Government Organization and Employees
SEC. 5753. RECRUITMENT AND RELOCATION BONUSES
(a)(1) This section may be applied to--
* * * * * * *
(2) A bonus may not be paid under this section to an
individual who is appointed to or who holds--
(A) a position to which an individual is appointed by
the President, by and with the advice and consent of
the Senate, excluding members of the Foreign Service
other than chiefs of mission, ambassadors at large, and
other members of the Foreign Service subject to
examinations under section 302(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941(b));
* * * * * * *
SEC. 5754. RETENTION BONUSES.
(a)(1) This section may be applied to--
(A) employees covered by the General Schedule pay
system established under subchapter III of chapter 53;
and
(B) employees in a category approved by the Office of
Personnel Management at the request of the head of an
Executive agency.
(2) A bonus may not be paid under this section to an
individual who is appointed to or who holds--
(A) a position to which an individual is appointed by
the President, by and with the advice and consent of
the Senate, excluding members of the Foreign Service
other than chiefs of mission, ambassadors at large, and
other members of the Foreign Service subject to
examinations under section 302(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941(b));
* * * * * * *
18 U.S.C. 3486
TITLE 18--CRIMES AND CRIMINAL PROCEDURE
* * * * * * *
CHAPTER 75--PASSPORTS AND VISAS
* * * * * * *
SEC. 1540. MEANING OF ``USE'' AND ``USES'
For purposes of this chapter, the terms ``use'' and ``uses''
shall be given their plain meaning, including use for
identification purposes.
SEC. 1541. ISSUANCE WITHOUT AUTHORITY
* * * * * * *
CHAPTER 223--WITNESSES AND EVIDENCE
SEC. 3486. ADMINISTRATIVE SUBPOENAS.
(a) Authorization.--(1)(A) In any investigation [of] to--
(i)(I) a Federal health care offense; or
(II) a Federal offense involving the sexual
exploitation or abuse of children, the Attorney
General; [or]
(ii) an offense under section 871 or 879, or a threat
against a person protected by the United States Secret
Service under paragraph (5) or (6) of section 3056, if
the Director of the Secret Service determines that the
threat constituting the offense or the threat against
the person protected is imminent, the Secretary of the
Treasury, may issue in writing and cause to be served a
subpoena requiring the production and testimony
described in subparagraph (B)[.] ;
(iii) an offense under section 878, or a threat
against a person, foreign mission or organization
authorized to receive protection by special agents of
the Department of State and the Foreign Service under
section 37(a)(3) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2709(a)(3)) if the
Assistant Secretary for Diplomatic Security or the
Director of the Diplomatic Security Service determines
that the threat constituting the offense or threat
against the person or place protected is imminent, the
Secretary of State; or
(iv) an offense under chapter 75, the Secretary of
State,
* * * * * * *
[(9) A subpoena issued under paragraph (1)(A)(i)(II) or
(1)(A)(ii) may require production as soon as possible, but in
no event less than 24 hours after service of the subpoena. (10)
As soon as practicable following the issuance of a subpoena
under paragraph (1)(A)(ii), the Secretary of the Treasury shall
notify the Attorney General of its issuance.]
(9) A subpoena issued under clause (i)(II), (ii), (iii), or
(iv) of paragraph (1)(A) may require production as soon as
possible, but in no event less than 24 hours after service of
the subpoena.
* * * * * * *
(10) As soon as practicable following the issuance of a
subpoena under paragraph (1)(A)(ii), the Secretary of the
Treasury shall notify the Attorney General of its issuance.
* * * * * * *
(11) As soon as practicable following the issuance of a
subpoena under paragraph (1)(A)(iii), the Secretary of State
shall notify the Attorney General of such issuance.
* * * * * * *
(e) Limitation on Use.--(1) Health information about an
individual that is disclosed under this section may not be used
in, or disclosed to any person for use in, any administrative,
civil, or criminal action or investigation directed against the
individual who is the subject of the information unless the
action or investigation arises out of and is directly related
to receipt of health care or payment for health care or action
involving a fraudulent claim related to health; or if
authorized by an appropriate order of a court of competent
jurisdiction, granted after application showing good cause
therefor. This subsection shall only apply to administrative
subpoenas issued under subsection (a)(1)(A)(i).
* * * * * * *
31 U.S.C. 1344
* * * * * * *
SEC. 1344. PASSENGER CARRIER USE
* * * * * * *
(b) A passenger carrier may be used to transport between
residence and place of employment the following officers and
employees of Federal agencies:
(1)(A) the President and the Vice President;
* * * * * * *
(4) the Deputy Secretary of State, the Deputy
Secretary of State for Management and Resources,
principal diplomatic and consular officials abroad, and
the United States Ambassador to the United Nations;
* * * * * * *