U.S. Congress - Text of H.R.2475 as Introduced in House Foreign Relations Authorization and Reform Act, Fiscal Years 2010 and 2011
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Donate NowH.R.2475 - Foreign Relations Authorization and Reform Act, Fiscal Years 2010 and 2011
To authorize appropriations for the Department of State for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.
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HR 2475 IHCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 2475CommentsClose CommentsPermalink
To authorize appropriations for the Department of State for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
May 19, 2009CommentsClose CommentsPermalink
May 19, 2009CommentsClose CommentsPermalink
Ms. ROS-LEHTINEN introduced the following bill; which was referred to the Committee on Foreign AffairsCommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To authorize appropriations for the Department of State for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Foreign Relations Authorization and Reform Act, Fiscal Years 2010 and 2011’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Appropriate congressional committees defined.CommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Administration of Foreign Affairs.CommentsClose CommentsPermalink
Sec. 102. International organizations.CommentsClose CommentsPermalink
Sec. 103. International commissions.CommentsClose CommentsPermalink
Sec. 104. Migration and refugee assistance.CommentsClose CommentsPermalink
Sec. 105. Centers and foundations.CommentsClose CommentsPermalink
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. International Litigation Fund.CommentsClose CommentsPermalink
Sec. 202. Actuarial valuations.CommentsClose CommentsPermalink
Sec. 203. Special agents.CommentsClose CommentsPermalink
Sec. 204. Diplomatic security program contracting.CommentsClose CommentsPermalink
Subtitle B--Public Diplomacy at the Department of State
Sec. 211. Special Olympics.CommentsClose CommentsPermalink
Sec. 212. Extension of program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.CommentsClose CommentsPermalink
Sec. 213. United States-South Pacific Scholarship Program.CommentsClose CommentsPermalink
Sec. 214. United States-Caribbean Educational Exchange Program.CommentsClose CommentsPermalink
Sec. 215. Exchanges between Liberia and the United States for women legislators.CommentsClose CommentsPermalink
Sec. 216. Public diplomacy plan for Haiti.CommentsClose CommentsPermalink
Subtitle C--Consular Services and Related Matters
Sec. 231. Extension of authority to assess passport surcharge.CommentsClose CommentsPermalink
Sec. 232. English language and cultural awareness training for approved refugee applicants.CommentsClose CommentsPermalink
Sec. 233. Tibet.CommentsClose CommentsPermalink
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES
Sec. 301. Transatlantic diplomatic fellowship program.CommentsClose CommentsPermalink
Sec. 302. Security officers exchange program.CommentsClose CommentsPermalink
Sec. 303. Suspension of foreign service members without pay.CommentsClose CommentsPermalink
Sec. 304. Repeal of recertification requirement for Senior Foreign Service.CommentsClose CommentsPermalink
Sec. 305. Limited appointments in the Foreign Service.CommentsClose CommentsPermalink
Sec. 306. Compensatory time off for travel.CommentsClose CommentsPermalink
Sec. 307. Protection of intellectual property rights.CommentsClose CommentsPermalink
Sec. 308. Domestic partners as eligible family members.CommentsClose CommentsPermalink
TITLE IV--INTERNATIONAL ORGANIZATIONS
Sec. 401. Statement of policy regarding peacekeeping operations contributions.CommentsClose CommentsPermalink
Sec. 402. Enhancing nuclear safeguards.CommentsClose CommentsPermalink
Sec. 403. Durban Review Conference funding.CommentsClose CommentsPermalink
Sec. 404. Restrictions regarding Iran-led international organizations.CommentsClose CommentsPermalink
Sec. 405. United Nations Human Rights Council.CommentsClose CommentsPermalink
Sec. 406. United Nations Relief and Works Agency.CommentsClose CommentsPermalink
Sec. 407. United Nations Development Program ethics jurisdiction.CommentsClose CommentsPermalink
Sec. 408. Withholding of contributions to United Nations for legal fees of certain officers or employees.CommentsClose CommentsPermalink
Sec. 409. Review of activities of international commissions.CommentsClose CommentsPermalink
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING
Sec. 501. Authorization of appropriations for international broadcasting.CommentsClose CommentsPermalink
Sec. 502. Personal services contracting program.CommentsClose CommentsPermalink
Sec. 503. Employment for international broadcasting.CommentsClose CommentsPermalink
Sec. 504. Domestic release of the Voice of America film entitled ‘A Fateful Harvest’.CommentsClose CommentsPermalink
Sec. 505. Establishing permanent authority for Radio Free Asia.CommentsClose CommentsPermalink
TITLE VI--UNITED NATIONS TRANSPARENCY, ACCOUNTABILITY, AND REFORM ACT OF 2009
Sec. 601. Short title.CommentsClose CommentsPermalink
Sec. 602. Definitions.CommentsClose CommentsPermalink
Subtitle A--Funding of the United Nations
Sec. 611. Findings.CommentsClose CommentsPermalink
Sec. 612. Apportionment of the United Nations regular budget on a voluntary basis.CommentsClose CommentsPermalink
Sec. 613. Budget justification for United States contributions to the regular budget of the United Nations.CommentsClose CommentsPermalink
Subtitle B--Transparency and Accountability for United States Contributions to the United Nations
Sec. 621. Findings.CommentsClose CommentsPermalink
Sec. 622. Definitions.CommentsClose CommentsPermalink
Sec. 623. Establishment and management of the Office of the United States Inspector General for contributions to the United Nations System.CommentsClose CommentsPermalink
Sec. 624. Transparency for United States contributions.CommentsClose CommentsPermalink
Sec. 625. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle C--United States Policy at the United Nations
Sec. 631. Annual publication.CommentsClose CommentsPermalink
Sec. 632. Annual financial disclosure.CommentsClose CommentsPermalink
Sec. 633. Policy with respect to expansion of the security council.CommentsClose CommentsPermalink
Sec. 634. Access to reports and audits.CommentsClose CommentsPermalink
Sec. 635. Waiver of immunity.CommentsClose CommentsPermalink
Sec. 636. Terrorism and the United Nations.CommentsClose CommentsPermalink
Sec. 637. Report on United Nations reform.CommentsClose CommentsPermalink
Sec. 638. Report on United Nations personnel.CommentsClose CommentsPermalink
Sec. 639. Withholding of United States contributions to UNRWA.CommentsClose CommentsPermalink
Sec. 640. United Nations treaty bodies.CommentsClose CommentsPermalink
Sec. 641. Equality at the United Nations.CommentsClose CommentsPermalink
Sec. 642. Anti-Semitism and the United Nations.CommentsClose CommentsPermalink
Sec. 643. Regional group inclusion of Israel.CommentsClose CommentsPermalink
Subtitle D--United Nations Human Rights Council
Sec. 651. Findings.CommentsClose CommentsPermalink
Sec. 652. Human Rights Council membership and funding.CommentsClose CommentsPermalink
Subtitle E--International Atomic Energy Agency
Sec. 661. International Atomic Energy Agency.CommentsClose CommentsPermalink
Sec. 662. Sense of Congress regarding the Nuclear Security Action Plan of the IAEA.CommentsClose CommentsPermalink
Subtitle F--Peacekeeping
Sec. 671. Reform of United Nations peacekeeping operations.CommentsClose CommentsPermalink
Sec. 672. Policy relating to reform of United Nations peacekeeping operations.CommentsClose CommentsPermalink
Sec. 673. Certification.CommentsClose CommentsPermalink
TITLE VII--WESTERN HEMISPHERE COUNTERTERRORISM AND NONPROLIFERATION ACT OF 2009
Sec. 701. Short title; definitions.CommentsClose CommentsPermalink
Subtitle A--Counterterrorism in the Western Hemisphere
Sec. 711. Statement of policy regarding regional efforts to counter terrorism in the Western Hemisphere.CommentsClose CommentsPermalink
Sec. 712. Amendments to annual country reports on terrorism.CommentsClose CommentsPermalink
Sec. 713. Amendments to annual determination procedures.CommentsClose CommentsPermalink
Sec. 714. Amendment to international narcotics control strategy report.CommentsClose CommentsPermalink
Sec. 715. United States efforts in the Western Hemisphere.CommentsClose CommentsPermalink
Sec. 716. International Law Enforcement Academy in San Salvador, El Salvador.CommentsClose CommentsPermalink
Sec. 717. Actions regarding the Organization of American States.CommentsClose CommentsPermalink
Sec. 718. Amendment to Department of State Rewards Program.CommentsClose CommentsPermalink
Subtitle B--Nonproliferation of Nuclear, Chemical, and Biological Weapons in the Western Hemisphere
Sec. 721. Statement of policy regarding the proliferation of weapons-related nuclear, chemical, and biological materials, technology, and facilities.CommentsClose CommentsPermalink
Sec. 722. Statement of policy regarding the small quantities protocol.CommentsClose CommentsPermalink
Sec. 723. Securing adherence to agreements regarding nuclear nonproliferation by countries in the Western Hemisphere.CommentsClose CommentsPermalink
Sec. 724. Halting the proliferation of nuclear fuel fabrication.CommentsClose CommentsPermalink
Sec. 725. Cooperation with the Proliferation Security Initiative.CommentsClose CommentsPermalink
Sec. 726. Establishment of the Western Hemisphere Nonproliferation Partnership Initiative.CommentsClose CommentsPermalink
Sec. 727. Prohibited transactions.CommentsClose CommentsPermalink
Sec. 728. Restrictions on nuclear cooperation with countries assisting the nuclear program of Venezuela or Cuba.CommentsClose CommentsPermalink
Subtitle C--Western Hemisphere Regional Coordination Centers
Sec. 731. Establishment of the Western Hemisphere Regional Coordination Centers.CommentsClose CommentsPermalink
Sec. 732. Regional Security Initiative.CommentsClose CommentsPermalink
Sec. 733. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle D--Prohibitions on Engagement With Certain Western Hemisphere Countries
Sec. 741. Prohibitions on engagement with certain Western Hemisphere countries.CommentsClose CommentsPermalink
Subtitle E--Report
Sec. 751. Report.CommentsClose CommentsPermalink
TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE
Subtitle A--Defense Trade Controls Performance Improvement Act of 2009
Sec. 801. Short title.CommentsClose CommentsPermalink
Sec. 802. Findings.CommentsClose CommentsPermalink
Sec. 803. Strategic review and assessment of the United States export controls system.CommentsClose CommentsPermalink
Sec. 804. Performance goals for processing of applications for licenses to export items on United States Munitions List.CommentsClose CommentsPermalink
Sec. 805. Requirement to ensure adequate staff and resources for the Directorate of Defense Trade Controls of the Department of State.CommentsClose CommentsPermalink
Sec. 806. Audit by Inspector General of the Department of State.CommentsClose CommentsPermalink
Sec. 807. Increased flexibility for use of defense trade controls registration fees.CommentsClose CommentsPermalink
Sec. 808. Review of International Traffic in Arms Regulations and United States Munitions List.CommentsClose CommentsPermalink
Sec. 809. Special licensing authorization for certain exports to NATO member states, Australia, Japan, New Zealand, Israel, and South Korea.CommentsClose CommentsPermalink
Sec. 810. Availability of information on the status of license applications under chapter 3 of the Arms Export Control Act.CommentsClose CommentsPermalink
Sec. 811. Sense of Congress.CommentsClose CommentsPermalink
Sec. 812. Definitions.CommentsClose CommentsPermalink
Sec. 813. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Export Licenses
Sec. 821. Availability to Congress of Presidential directives regarding United States arms export policies, practices, and regulations.CommentsClose CommentsPermalink
Sec. 822. Increase in value of defense articles and services for congressional review and expediting congressional review for Israel.CommentsClose CommentsPermalink
Sec. 823. Diplomatic efforts to strengthen national and international arms export controls.CommentsClose CommentsPermalink
Sec. 824. Reporting requirement for unlicensed exports.CommentsClose CommentsPermalink
Sec. 825. Report on value of major defense equipment and defense articles exported under section 38 of the Arms Export Control Act.CommentsClose CommentsPermalink
Sec. 826. Authority to remove satellites and related components from the United States Munitions List.CommentsClose CommentsPermalink
Sec. 827. Review and report of investigations of violations of section 3 of the Arms Export Control Act.CommentsClose CommentsPermalink
Sec. 828. Report on self-financing options for export licensing functions of DDTC of the Department of State.CommentsClose CommentsPermalink
Sec. 829. Clarification of certification requirement relating to Israel’s qualitative military edge.CommentsClose CommentsPermalink
Sec. 830. Expediting congressional defense export review period for Israel.CommentsClose CommentsPermalink
Sec. 831. Updating and conforming penalties for violations of sections 38 and 39 of the Arms Export Control Act.CommentsClose CommentsPermalink
Subtitle C--Miscellaneous Provisions
Sec. 841. Authority to build the capacity of foreign military forces.CommentsClose CommentsPermalink
Sec. 842. Foreign Military Sales Stockpile Fund.CommentsClose CommentsPermalink
Sec. 843. Annual estimate and justification for Foreign Military Sales program.CommentsClose CommentsPermalink
Sec. 844. Report on United States commitments to the security of Israel.CommentsClose CommentsPermalink
Sec. 845. War Reserves Stockpile.CommentsClose CommentsPermalink
Sec. 846. Excess defense articles for Central and South European countries and certain other countries.CommentsClose CommentsPermalink
TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE
Sec. 901. Coordinator of United States Government activities to implement the Merida Initiative.CommentsClose CommentsPermalink
Sec. 902. Adding the Caribbean to the Merida Initiative.CommentsClose CommentsPermalink
Sec. 903. CARICOM country defined.CommentsClose CommentsPermalink
Sec. 904. Merida Initiative monitoring and evaluation mechanism.CommentsClose CommentsPermalink
Sec. 905. Merida Initiative defined.CommentsClose CommentsPermalink
TITLE X--REPORTING REQUIREMENTS
Sec. 1001. Report on United States capacities to prevent genocide and mass atrocities.CommentsClose CommentsPermalink
Sec. 1002. Reports relating to programs to encourage good governance.CommentsClose CommentsPermalink
Sec. 1003. Reports on Hong Kong.CommentsClose CommentsPermalink
Sec. 1004. Democracy in Georgia.CommentsClose CommentsPermalink
Sec. 1005. Diplomatic relations with Israel.CommentsClose CommentsPermalink
Sec. 1006. Police training report.CommentsClose CommentsPermalink
Sec. 1007. Review of security assistance for Egypt.CommentsClose CommentsPermalink
Sec. 1008. Review of security assistance for Yemen.CommentsClose CommentsPermalink
Sec. 1009. Review of security assistance for the Government of Lebanon.CommentsClose CommentsPermalink
Sec. 1010. Report on activities in Haiti.CommentsClose CommentsPermalink
TITLE XI--MISCELLANEOUS PROVISIONS
Sec. 1101. Assistance to support measures for the reunification of Cyprus.CommentsClose CommentsPermalink
Sec. 1102. Limitation on assistance to the Former Yugoslav Republic of Macedonia.CommentsClose CommentsPermalink
Sec. 1103. Statement of policy regarding the Ecumenical Patriarchate.CommentsClose CommentsPermalink
Sec. 1104. Freedom of the press.CommentsClose CommentsPermalink
Sec. 1105. Information for Country Commercial Guides on business and investment climates.CommentsClose CommentsPermalink
Sec. 1106. International Protecting Girls by Preventing Child Marriage.CommentsClose CommentsPermalink
Sec. 1107. Program to improve building construction and practices in Haiti.CommentsClose CommentsPermalink
Sec. 1108. Limitation on assistance to the Palestinian Authority.CommentsClose CommentsPermalink
Sec. 1109. Jordan civilian nuclear cooperation agreement.CommentsClose CommentsPermalink
Sec. 1110. United States contributions to the International Trust Fund for Demining and Mine Victims Assistance.CommentsClose CommentsPermalink
Sec. 1111. Transfer of liquidated assets of certain Enterprise Funds to legacy institutions.CommentsClose CommentsPermalink
Sec. 1112. Sense of Congress on restrictions on religious freedom in Vietnam.CommentsClose CommentsPermalink
Sec. 1113. Sense of Congress on Holocaust-era property restitution and compensation.CommentsClose CommentsPermalink
TITLE XII--ISRAEL
Sec. 1201. Foreign Military Financing for Israel.CommentsClose CommentsPermalink
Sec. 1202. Support to Israel for missile defense.CommentsClose CommentsPermalink
Sec. 1203. United States-Israel civilian nuclear cooperation agreement.CommentsClose CommentsPermalink
Sec. 1204. United States support for Israel in the Organization for Economic Cooperation and Development.CommentsClose CommentsPermalink
Sec. 1205. Recognition of Jerusalem as the capital of the state of Israel and relocation of the United States Embassy to Jerusalem.CommentsClose CommentsPermalink
TITLE XIII--IRAN REFINED PETROLEUM SANCTIONS
Sec. 1301. Short title.CommentsClose CommentsPermalink
Sec. 1302. Amendments to the Iran Sanctions Act of 1996.CommentsClose CommentsPermalink
TITLE XIV--LIMITATION ON NUCLEAR COOPERATION WITH THE UNITED ARAB EMIRATES
Sec. 1401. Short title.CommentsClose CommentsPermalink
Sec. 1402. Definitions.CommentsClose CommentsPermalink
Sec. 1403. Restriction on nuclear cooperation with the United Arab Emirates.CommentsClose CommentsPermalink
TITLE XV--HOLOCAUST INSURANCE ACCOUNTABILITY
Sec. 1601. Short title.CommentsClose CommentsPermalink
Sec. 1602. Validity of State laws.CommentsClose CommentsPermalink
Sec. 1603. Applicability.CommentsClose CommentsPermalink
Sec. 1604. Definitions.CommentsClose CommentsPermalink
TITLE XVI--BELARUS ARMS TRANSFERS ACCOUNTABILITY
Sec. 1701. Short title.CommentsClose CommentsPermalink
Sec. 1702. Sense of Congress.CommentsClose CommentsPermalink
Sec. 1703. Report.CommentsClose CommentsPermalink
Sec. 1704. State sponsor of terrorism defined.CommentsClose CommentsPermalink
TITLE XVII--ASIA-PACIFIC ECONOMIC COOPERATION FORUM ENGAGEMENT
Sec. 1801. Asia-Pacific Economic Cooperation.CommentsClose CommentsPermalink
SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
Except as otherwise provided in this Act, 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.CommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONSCommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONSCommentsClose CommentsPermalink
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the Department of State under ‘Administration of Foreign Affairs’ to carry out the authorities, functions, duties, and responsibilities in the conduct of foreign affairs of the United States, and for other purposes authorized by law:CommentsClose CommentsPermalink
(1) DIPLOMATIC AND CONSULAR PROGRAMS-CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Diplomatic and Consular Programs’ $5,543,957,600 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(B) WORLDWIDE SECURITY PROTECTION- In addition to the amounts authorized to be appropriated by subparagraph (A), $1,361,978,171 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for worldwide security protection.CommentsClose CommentsPermalink
(C) PUBLIC DIPLOMACY- Of the amounts authorized to be appropriated under subparagraph (A), such sums as may be necessary for each of fiscal years 2010 and 2011 are authorized to be appropriated for pubic diplomacy.CommentsClose CommentsPermalink
(D) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR- Of the amounts authorized to be appropriated under subparagraph (A), $20,659,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for the Bureau of Democracy, Human Rights, and Labor.CommentsClose CommentsPermalink
(2) CAPITAL INVESTMENT FUND- For ‘Capital Investment Fund’, $73,627,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE- For ‘Embassy Security, Construction and Maintenance’, $1,815,050,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(4) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Educational and Cultural Exchange Programs’, $557,906,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(B) TIBETAN SCHOLARSHIP PROGRAM- Of the amounts authorized to be appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2010 and 2011 are authorized to be appropriated to carry out the Tibetan scholarship program established under section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (
(C) NGAWANG CHOEPEL EXCHANGE PROGRAMS- Of the amounts authorized to be appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2010 and 2011 are authorized to be appropriated for the ‘Ngawang Choepel Exchange Programs’ (formerly known as ‘programs of educational and cultural exchange between the United States and the people of Tibet’) under section 103(a) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (
(5) CIVILIAN STABILIZATION INITIATIVE- For ‘Civilian Stabilization Initiative’, $46,665,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(6) REPRESENTATION ALLOWANCES- For ‘Representation Allowances’, $8,175,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(7) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS-CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Protection of Foreign Missions and Officials’, $23,658,118 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(B) REIMBURSEMENT FOR PAST EXPENSES OWED BY THE UNITED STATES- In addition to the amounts authorized to be appropriated under subparagraph (A), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 for ‘Protection of Foreign Missions and Officials’ to be used to reimburse State and local governments for necessary expenses incurred since 1998 for the protection of foreign missions and officials and recognized by the United States.CommentsClose CommentsPermalink
(8) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE- For ‘Emergencies in the Diplomatic and Consular Service’, $9,333,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(9) REPATRIATION LOANS- For ‘Repatriation Loans’, $1,403,061 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(10) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN- For ‘Payment to the American Institute in Taiwan’, $17,463,080 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(11) OFFICE OF THE INSPECTOR GENERAL-CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Office of the Inspector General’, $101,201,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(B) SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION- Of the amounts authorized to be appropriated under subparagraph (A), such sums as may be necessary authorized to be for the Special Inspector General for Iraq Reconstruction.CommentsClose CommentsPermalink
(C) SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION- Of the amounts authorized to be appropriated under subparagraph (A), such sums as may be necessary authorized to be for the Special Inspector General for Afghanistan Reconstruction.CommentsClose CommentsPermalink
SEC. 102. INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International Organizations- There are authorized to be appropriated for ‘Contributions to International Organizations’, $1,604,400,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011, for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such purposes.CommentsClose CommentsPermalink
(b) Contributions for International Peacekeeping Activities- There are authorized to be appropriated for ‘Contributions for International Peacekeeping Activities’, $2,260,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011, for the Department of State to carry out the authorities, functions, duties, and responsibilities of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes.CommentsClose CommentsPermalink
(c) Foreign Currency Exchange Rates- In addition to amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to offset adverse fluctuations in foreign currency exchange rates. Amounts appropriated under this subsection shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies to Congress that such amounts are necessary due to such fluctuations.CommentsClose CommentsPermalink
SEC. 103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under ‘International Commissions’ for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law:CommentsClose CommentsPermalink
(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO- For ‘International Boundary and Water Commission, United States and Mexico’--CommentsClose CommentsPermalink
(A) for ‘Salaries and Expenses’, $32,256,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011; andCommentsClose CommentsPermalink
(B) for ‘Construction’, $43,250,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA- For ‘International Boundary Commission, United States and Canada’, $1,970,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(3) INTERNATIONAL JOINT COMMISSION- For ‘International Joint Commission’, $7,559,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(4) INTERNATIONAL FISHERIES COMMISSIONS- For ‘International Fisheries Commissions’, $29,925,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations- There are authorized to be appropriated for ‘Migration and Refugee Assistance’ for authorized activities $1,577,500,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(b) Refugee Resettlement in Israel- Of the amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated $25,000,000 for fiscal years 2010 and such sums as may be necessary for fiscal year 2011 for resettlement of refugees in Israel.CommentsClose CommentsPermalink
SEC. 105. CENTERS AND FOUNDATIONS.
(a) Asia Foundation- There are authorized to be appropriated for ‘The Asia Foundation’ for authorized activities, $16,592,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(b) National Endowment for Democracy- There are authorized to be appropriated for the ‘National Endowment for Democracy’ for authorized activities, $115,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(c) Center for Cultural and Technical Interchange Between East and West- There are authorized to be appropriated for the ‘Center for Cultural and Technical Interchange Between East and West’ for authorized activities, such sums as may be necessary for each of fiscal years 2010 and 2011.CommentsClose CommentsPermalink
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIESCommentsClose CommentsPermalink
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIESCommentsClose CommentsPermalink
Subtitle A--Basic Authorities and ActivitiesCommentsClose CommentsPermalink
Subtitle A--Basic Authorities and ActivitiesCommentsClose CommentsPermalink
SEC. 201. INTERNATIONAL LITIGATION FUND.
Section 38(d)(3) of the State Department Basic Authorities Act of 1956 (
SEC. 202. ACTUARIAL VALUATIONS.
The Foreign Service Act of 1980 is amended--CommentsClose CommentsPermalink
(1) in section 818 (
(A) in the first sentence, by striking ‘Secretary of the Treasury’ and inserting instead ‘Secretary of State’; andCommentsClose CommentsPermalink
(B) by amending the second sentence to read as follows: ‘The Secretary of State is authorized to expend from money to the credit of the Fund 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.’;CommentsClose CommentsPermalink
(2) in section 819 (
(3) in section 825(b) (
(4) section 859(c) (
(A) by striking ‘Secretary of the Treasury’ and inserting instead ‘Secretary of State’; andCommentsClose CommentsPermalink
(B) by striking ‘and shall advise the Secretary of State of’ and inserting instead ‘that will provide’.CommentsClose CommentsPermalink
SEC. 203. SPECIAL AGENTS.
(a) In General- Paragraph (1) of section 37(a) of the State Department Basic Authorities Act of 1956 (
‘(1) conduct investigations concerning--CommentsClose CommentsPermalink
‘(A) illegal passport or visa issuance or use;CommentsClose CommentsPermalink
‘(B) identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State; andCommentsClose CommentsPermalink
‘(C) Federal offenses committed within the special maritime and territorial jurisdiction of the United States as defined in paragraph (9) of
section 7 of title 18, United States Code , except as that jurisdiction relates to the premises of United States military missions and related residences;’.CommentsClose CommentsPermalink
(b) Rule of Construction- Nothing in paragraph (1) of such section 37(a) (as amended by subsection (a) of this section) shall be construed to limit the investigative authority of any other Federal department or agency.CommentsClose CommentsPermalink
SEC. 204. DIPLOMATIC SECURITY PROGRAM CONTRACTING.
Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (
(1) in subsection (c)--CommentsClose CommentsPermalink
(A) in the matter preceding paragraph (1), by striking ‘With respect’ and inserting ‘Except as provided in subsection (d), with respect’; andCommentsClose CommentsPermalink
(B) in paragraph (3), by striking ‘subsection (d)’ and inserting ‘subsection (e)’;CommentsClose CommentsPermalink
(2) by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively;CommentsClose CommentsPermalink
(3) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
‘(d) Award of Local Guard and Protective Service Contracts in High Risk Areas- With respect to local guard contracts for Foreign Service buildings located in high risk areas which exceed $250,000 and were or are entered into after September 1, 2008, the Secretary of State shall--CommentsClose CommentsPermalink
‘(1) comply with paragraphs (1) through (6) of subsection (c) in the award of such contracts;CommentsClose CommentsPermalink
‘(2) in evaluating proposals for such contracts, award contracts to the firm representing the best value to the Government in accordance with the best value tradeoff process described in subpart 15.1 of the Federal Acquisition Regulation (48 C.F.R. 15.101-1);CommentsClose CommentsPermalink
‘(3) ensure that in all contracts awarded under this subsection, contractor personnel providing local guard or protective services are classified as--CommentsClose CommentsPermalink
‘(A) employees of the offeror;CommentsClose CommentsPermalink
‘(B) if the offeror is a joint venture, as the employees of one of the persons or parties constituting the joint venture; orCommentsClose CommentsPermalink
‘(C) as employees of a subcontractor to the offeror, and not as independent contractors to the offeror or any other entity performing under such contracts.’; andCommentsClose CommentsPermalink
(4) in subsection (e), as redesignated by paragraph (2) of this section--CommentsClose CommentsPermalink
(A) in paragraph (3), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in paragraph (4), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink
‘(5) the term ‘high risk areas’ means--CommentsClose CommentsPermalink
‘(A) an area designated as a contingency operation in accordance with
section 101(a)(13) of title 10, United States Code ; orCommentsClose CommentsPermalink‘(B) an area determined by the Assistance Secretary of Diplomatic Security to present an increased threat of serious damage or harm to United States diplomatic facilities or personnel.’.CommentsClose CommentsPermalink
Subtitle B--Public Diplomacy at the Department of StateCommentsClose CommentsPermalink
Subtitle B--Public Diplomacy at the Department of StateCommentsClose CommentsPermalink
SEC. 211. SPECIAL OLYMPICS.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Special Olympics International has been recognized for more than four decades as the world leader in providing life-changing sports training and competition experiences for persons with intellectual disabilities at all levels of severity.CommentsClose CommentsPermalink
(2) While Special Olympics sports programming is widely respected around the world, less well-known are a number of supporting initiatives targeted to changing attitudes toward people with intellectual disabilities, developing leaders among the intellectual disability population, supporting families of people with these disabilities, improving access to health services, and enhancing government policies and programs for people with intellectual disabilities.CommentsClose CommentsPermalink
(3) Special Olympics has documented the challenge of ignorance and poor attitudes toward intellectual disability worldwide and its capacity to change discriminatory attitudes to understanding, acceptance, and advocacy for people with intellectual disabilities. It does so through an array of educational and attitude change activities that affect multiple levels of society. These activities have received financial support from the Bureau of Educational and Cultural Affairs (ECA) of the Department of State, among other sources.CommentsClose CommentsPermalink
(b) Administration of Program- Section 3(b) of the Special Olympics Sport and Empowerment Act of 2004 (
SEC. 212. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
Section 7113 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(1) in subsection (g)--CommentsClose CommentsPermalink
(A) by striking ‘Committee on International Relations’ and inserting ‘Committee on Foreign Affairs’; andCommentsClose CommentsPermalink
(B) by striking ‘April 15, 2006, and April 15, 2008’ and inserting ‘June 15, 2010, and June 15, 2011’; andCommentsClose CommentsPermalink
(2) in subsection (h), by striking ‘2007 and 2008’ and inserting ‘2010 and 2011’.CommentsClose CommentsPermalink
SEC. 213. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP PROGRAM.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The United States-South Pacific Scholarship Program (USSP), authorized by Congress and funded by the Bureau of Educational and Cultural Affairs of the Department of State, is a competitive, merit-based scholarship program that ensures that Pacific Islanders have an opportunity to pursue higher education in the United States and to obtain first-hand knowledge of United States institutions.CommentsClose CommentsPermalink
(2) It is expected that these students will one day assume leadership roles in their countries.CommentsClose CommentsPermalink
(3) As the Chairman of the Subcommittee on Territories and Insular Affairs, the late Congressman Phillip Burton was a voice for Pacific Island populations.CommentsClose CommentsPermalink
(4) He was also a voice for workers, the poor, and the elderly.CommentsClose CommentsPermalink
(5) Congressman Burton was one of the most brilliant and productive legislators in United States politics.CommentsClose CommentsPermalink
(6) He served in Congress from 1964 to 1983.CommentsClose CommentsPermalink
(7) He worked every day of his life to ensure social justice and human dignity for all people.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) so that future generations will know his name and remember his service, it is fitting that the leadership and vision of Phillip Burton, especially as the Chairman of the Subcommittee on Territories and Insular Affairs, which indirectly impacted United States foreign policy in the South Pacific region, should be honored; andCommentsClose CommentsPermalink
(2) the United States-South Pacific Scholarship Program should be renamed the Phillip Burton Scholarship Program for South Pacific Island Students.CommentsClose CommentsPermalink
(c) Funding-CommentsClose CommentsPermalink
(1) IN GENERAL- Of the amounts authorized to be appropriated pursuant to section 101(4), such sums as may be necessary are authorized to be appropriated for each of fiscal years 2010 and 2011 to be made available for the United States-South Pacific Scholarship Program.CommentsClose CommentsPermalink
(2) NAME- Scholarships awarded under the Program shall be referred to as ‘Burton Scholarships’ and recipients of such scholarships shall be referred to as ‘Burton Scholars’.CommentsClose CommentsPermalink
SEC. 214. UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; andCommentsClose CommentsPermalink
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink
(2) CARICOM COUNTRY- The term ‘CARICOM country’ means a country that has been a full member country of the Caribbean Community (CARICOM) for at least five years or the Dominican Republic, but does not include--CommentsClose CommentsPermalink
(A) a country having observer or associate status in CARICOM;CommentsClose CommentsPermalink
(B) a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism; orCommentsClose CommentsPermalink
(C) a country that fails to adhere to human rights standards pursuant to sections 116 and 502B(2) of the Foreign Assistance Act of 1961 (
(3) SECRETARY- Except as otherwise provided, the term ‘Secretary’ means the Secretary of State.CommentsClose CommentsPermalink
(4) UNITED STATES COOPERATING AGENCY- The term ‘United States cooperating agency’ means--CommentsClose CommentsPermalink
(A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (
(B) a higher education association;CommentsClose CommentsPermalink
(C) a nongovernmental organization incorporated in the United States; orCommentsClose CommentsPermalink
(D) a consortium consisting of two or more such institutions, associations, or nongovernmental organizations.CommentsClose CommentsPermalink
(b) Program Authorized- The Secretary of State is authorized to establish an educational exchange program between the United States and CARICOM countries, to be known as the ‘Shirley A. Chisholm United States-Caribbean Educational Exchange Program’, under which--CommentsClose CommentsPermalink
(1) secondary school students from CARICOM countries will--CommentsClose CommentsPermalink
(A) attend a public or private secondary school in the United States; andCommentsClose CommentsPermalink
(B) participate in activities designed to promote a greater understanding of the values and culture of the United States; andCommentsClose CommentsPermalink
(2) undergraduate students, graduate students, post-graduate students, and scholars from CARICOM countries will--CommentsClose CommentsPermalink
(A) attend a public or private college or university, including a community college, in the United States; andCommentsClose CommentsPermalink
(B) participate in activities designed to promote a greater understanding of the values and culture of the United States.CommentsClose CommentsPermalink
(c) Elements of Program- The program authorized under subsection (b) shall meet the following requirements:CommentsClose CommentsPermalink
(1) The program will offer scholarships to students and scholars based on merit and need. It is the sense of Congress that scholarships should be offered to students and scholars who evidence merit, achievement, and strong potential for the studies such students and scholars wish to undertake under the program and 60 percent of scholarships offered under the program should be based on financial need.CommentsClose CommentsPermalink
(2) The program will seek to achieve gender equality in granting scholarships under the program.CommentsClose CommentsPermalink
(3) Fields of study under the program will support the labor market and development needs of CARICOM countries, assuring a pool of technical experts to address such needs.CommentsClose CommentsPermalink
(4) The program will limit participation to--CommentsClose CommentsPermalink
(A) one year of study for secondary school students;CommentsClose CommentsPermalink
(B) two years of study for undergraduate students; andCommentsClose CommentsPermalink
(C) 12 months of study for graduate students, post-graduate students, and scholars.CommentsClose CommentsPermalink
(5) For a period of time equal to the period of time of participation in the program, but not to exceed two years, the program will require participants who are students and scholars described in subsection (a)(2) to--CommentsClose CommentsPermalink
(A) agree to return to live in a CARICOM country and maintain residence in such country, within six months of completion of academic studies; orCommentsClose CommentsPermalink
(B) agree to obtain employment that directly benefits the growth, progress, and development of one or more CARICOM countries and the people of such countries.CommentsClose CommentsPermalink
(6) The Secretary may waive, shorten the duration, or otherwise alter the requirements of paragraph (4) in limited circumstances of hardship, humanitarian needs, for specific educational purposes, or in furtherance of the national interests of the United States.CommentsClose CommentsPermalink
(d) Role of United States Cooperating Agencies- The Secretary shall consult with United States cooperating agencies in developing the program authorized under subsection (b). The Secretary is authorized to provide grants to United States cooperating agencies in carrying out the program authorized under subsection (b).CommentsClose CommentsPermalink
(e) Monitoring and Evaluation of Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (b). In so doing, the Secretary shall, among other things, evaluate the program’s positive or negative effects on ‘brain drain’ from the participating CARICOM countries and suggest ways in which the program may be improved to promote the basic goal of alleviating brain drain from the participating CARICOM countries.CommentsClose CommentsPermalink
(2) REQUIREMENTS- In carrying out paragraph (1), the Secretary shall review on a regular basis--CommentsClose CommentsPermalink
(A) financial information relating to the program;CommentsClose CommentsPermalink
(B) budget plans for the program;CommentsClose CommentsPermalink
(C) adjustments to plans established for the program;CommentsClose CommentsPermalink
(D) graduation rates of participants in the program;CommentsClose CommentsPermalink
(E) the percentage of participants who are students described in subsection (b)(1) who pursue higher education;CommentsClose CommentsPermalink
(F) the percentage of participants who return to their home country or another CARICOM country;CommentsClose CommentsPermalink
(G) the types of careers pursued by participants in the program and the extent to which such careers are linked to the political, economic, and social development needs of CARICOM countries; andCommentsClose CommentsPermalink
(H) the impact of gender, country of origin, financial need of students, and other relevant factors on the data collected under subparagraphs (D) through (G).CommentsClose CommentsPermalink
(f) Reporting Requirements-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than 120 days after the date of the enactment of this section, the Secretary of State shall submit to the appropriate congressional committees a report on plans to implement the program authorized under this section.CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- The report required by paragraph (1) shall include--CommentsClose CommentsPermalink
(A) a plan for selecting participants in the program, including an estimate of the number of secondary school students, undergraduate students, graduate students, post-graduate students, and scholars from each country, by educational level, who will be selected as participants in the program for each fiscal year;CommentsClose CommentsPermalink
(B) a timeline for selecting United States cooperating agencies that will assist in implementing the program;CommentsClose CommentsPermalink
(C) a financial plan that--CommentsClose CommentsPermalink
(i) identifies budget plans for each educational level under the program; andCommentsClose CommentsPermalink
(ii) identifies plans or systems to ensure that the costs to public school, college, and university education under the program and the costs to private school, college, and university education under the program are reasonably allocated; andCommentsClose CommentsPermalink
(D) a plan to provide outreach to and linkages with schools, colleges and universities, and nongovernmental organizations in both the United States and CARICOM countries for implementation of the program.CommentsClose CommentsPermalink
(3) UPDATES OF REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall submit to the appropriate congressional committees updates of the report required by paragraph (1) for each fiscal year for which amounts are appropriated pursuant to the authorization of appropriations under subsection (g).CommentsClose CommentsPermalink
(B) MATTERS TO BE INCLUDED- Such updates shall include the following:CommentsClose CommentsPermalink
(i) Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under this section.CommentsClose CommentsPermalink
(ii) An analysis of the positive and negative impacts the program authorized under this section will have or is having on ‘brain drain’ from the participating CARICOM countries.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 101(4), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this section.CommentsClose CommentsPermalink
SEC. 215. EXCHANGES BETWEEN LIBERIA AND THE UNITED STATES FOR WOMEN LEGISLATORS.
(a) Purpose- It is the purpose of this section to provide financial assistance to--CommentsClose CommentsPermalink
(1) establish an exchange program for Liberian women legislators and women staff members of the Liberian Congress;CommentsClose CommentsPermalink
(2) expand Liberian participation in exchange programs of the Department of State; andCommentsClose CommentsPermalink
(3) promote the advancement of women in the field of politics, with the aim of eventually reducing the rates of domestic abuse, illiteracy, and sexism in Liberia.CommentsClose CommentsPermalink
(b) Program- The Secretary of State shall establish an exchange program in cooperation with the Women’s Legislative Caucus in Liberia to provide scholarships to fund exchanges to enable Liberian women legislators and exceptional women Liberian Congressional staffers to encourage more women to participate in, and continue to be active in, politics and the democratic process in Liberia.CommentsClose CommentsPermalink
(c) Scholarship Defined- In this section, the term ‘scholarship’ means an amount to be used for full or partial support of living expenses in the United States for a participant in the exchange program established under subsection (b), including travel expenses to, from, and within the United States.CommentsClose CommentsPermalink
SEC. 216. PUBLIC DIPLOMACY PLAN FOR HAITI.
The Secretary of State shall develop a public diplomacy plan to be implemented in the event that Temporary Protected Status (TPS) is extended to Haitian nationals in the United States to effectively inform Haitians living in Haiti that--CommentsClose CommentsPermalink
(1) TPS only permits people already in the United States as of a specifically designated date to remain in the United States;CommentsClose CommentsPermalink
(2) there are extraordinary dangers of travel by sea to the United States in unsafe, overcrowded vessels;CommentsClose CommentsPermalink
(3) any Haitian interdicted at sea traveling to the United States will be repatriated to Haiti; andCommentsClose CommentsPermalink
(4) the United States will continue its large assistance program to help the people of Haiti recover from recent hurricanes, restore stability, and promote economic growth.CommentsClose CommentsPermalink
Subtitle C--Consular Services and Related MattersCommentsClose CommentsPermalink
Subtitle C--Consular Services and Related MattersCommentsClose CommentsPermalink
SEC. 231. EXTENSION OF AUTHORITY TO ASSESS PASSPORT SURCHARGE.
Section 1 of the Passport Act of June 4, 1920 (
SEC. 232. ENGLISH LANGUAGE AND CULTURAL AWARENESS TRAINING FOR APPROVED REFUGEE APPLICANTS.
(a) In General- The Secretary of State should establish formal training programs in five overseas refugee processing regions to provide English as a second language, cultural orientation, and work orientation training for refugees who have been approved for admission to the United States before their departure for the United States.CommentsClose CommentsPermalink
(b) Design and Implementation- In designing and implementing the training programs referred to in subsection (a), the Secretary should ensure that nongovernmental organizations with direct ties to the United States refugee resettlement program are utilized in such training programs.CommentsClose CommentsPermalink
(c) Impact on Processing Times- The Secretary should ensure that such training programs occur within current processing times and do not unduly delay the departure for the United States of refugees who have been approved for admission to the United States.CommentsClose CommentsPermalink
(d) Timeline for Implementation and Report to Congress-CommentsClose CommentsPermalink
(1) TIMELINE FOR IMPLEMENTATION- It is the sense of Congress that not later than one year after the date of the enactment of this Act, such training programs should be operating in at least one overseas refugee processing region, and not later than two years after the date of the enactment of this Act, such training programs should be operating in each of the five overseas refugee processing regions.CommentsClose CommentsPermalink
(2) REPORT TO CONGRESS- Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the implementation of this section.CommentsClose CommentsPermalink
(e) Rule of Construction- Nothing in this section shall be construed to require that a refugee participate in such a training program as a precondition for the admission to the United States of such refugee.CommentsClose CommentsPermalink
SEC. 233. TIBET.
(a) Tibet Negotiations- Section 613(a) of the Tibetan Policy Act of 2002 (
(1) in paragraph (1), by inserting before the period at the end the following: ‘and should coordinate with other governments in multilateral efforts toward this goal’;CommentsClose CommentsPermalink
(2) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink
‘(2) POLICY COORDINATION- The President shall direct the National Security Council to ensure that, in accordance with this Act, United States policy on Tibet is coordinated and communicated with all Executive Branch agencies in contact with the Government of China.’.CommentsClose CommentsPermalink
(b) Bilateral Assistance- Section 616 of the Tibetan Policy Act of 2002 is amended--CommentsClose CommentsPermalink
(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
‘(d) United States Assistance- The President shall provide grants to nongovernmental organizations to support sustainable economic development, cultural and historical preservation, health care, education, and environmental sustainability projects for Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China, in accordance with the principles specified in subsection (e) and subject to the review and approval of the Special Coordinator for Tibetan Issues under section 621(d).’.CommentsClose CommentsPermalink
(c) Special Coordinator for Tibetan Issues- Section 621 of the Tibetan Policy Act of 2002 is amended--CommentsClose CommentsPermalink
(1) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (5), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (6) as paragraph (7); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink
‘(6) review and approve all projects carried out pursuant to section 616(d);’.CommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(e) Personnel- The Secretary shall assign dedicated personnel to the Office of the Special Coordinator for Tibetan Issues sufficient to assist in the management of the responsibilities of this section and section 616(d)(2).’.CommentsClose CommentsPermalink
(d) Diplomatic Representation Relating to Tibet-CommentsClose CommentsPermalink
(1) UNITED STATES EMBASSY IN BEIJING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary of State is authorized to establish a Tibet Section within the United States Embassy in Beijing, People’s Republic of China, for the purposes of following political, economic, and social developments inside Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces, until such time as a United States consulate in Tibet is established. Such Tibet Section shall have the primary responsibility for reporting on human rights issues in Tibet and shall work in close cooperation with the Office of the Special Coordinator for Tibetan Issues. The chief of such Tibet Section should be of senior rank.CommentsClose CommentsPermalink
(B) AUTHORIZATION OF APPROPRIATIONS- Of the amounts authorized to be appropriated under section 101(a), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this paragraph.CommentsClose CommentsPermalink
(2) IN TIBET- Section 618 of the Tibetan Policy Act of 2002 is amended to read as follows:CommentsClose CommentsPermalink
‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CONSULATE IN LHASA, TIBET.
‘The Secretary shall seek to establish a United States consulate in Lhasa, Tibet, to provide services to United States citizens traveling to Tibet and to monitor political, economic, and cultural developments in Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces.’.CommentsClose CommentsPermalink
(e) Religious Persecution in Tibet- Section 620(b) of the Tibetan Policy Act of 2002 is amended by adding before the period at the end the following: ‘, including the reincarnation system of Tibetan Buddhism’.CommentsClose CommentsPermalink
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIESCommentsClose CommentsPermalink
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIESCommentsClose CommentsPermalink
SEC. 301. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.
(a) Fellowship Authorized- Chapter 5 of title I of the Foreign Service Act of 1980 (
‘SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.
‘(a) In General- The Secretary is authorized to establish the Transatlantic Diplomatic Fellowship Program. Under the program, the Secretary may assign a member of the Service, for not more than one year, to a position with any designated country or designated entity that permits an employee to be assigned to a position with the Department.CommentsClose CommentsPermalink
‘(b) Salary and Benefits- The salary and benefits of a member of the Service shall be paid as described in subsection (b) of section 503 during a period in which such member is participating in the Transatlantic Diplomatic Fellowship Program. The salary and benefits of an employee of a designated country or designated entity participating in such program shall be paid by such country or entity during the period in which such employee is participating in the program.CommentsClose CommentsPermalink
‘(c) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) The term ‘designated country’ means a member country of--CommentsClose CommentsPermalink
‘(A) the North Atlantic Treaty Organization; orCommentsClose CommentsPermalink
‘(B) the European Union.CommentsClose CommentsPermalink
‘(2) The term ‘designated entity’ means--CommentsClose CommentsPermalink
‘(A) the North Atlantic Treaty Organization; orCommentsClose CommentsPermalink
‘(B) the European Union.CommentsClose CommentsPermalink
‘(d) Rule of Construction- Nothing in this section shall be construed to--CommentsClose CommentsPermalink
‘(1) authorize the appointment as an officer or employee of the United States of--CommentsClose CommentsPermalink
‘(A) an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; orCommentsClose CommentsPermalink
‘(B) 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 as, and continuation of employment as, an officer or employee of the United States; orCommentsClose CommentsPermalink
‘(2) authorize the Secretary to assign a member of the Service to a position with any foreign country whose laws, or foreign or international entity whose rules, require such member to give allegiance or loyalty to such country or entity while assigned to such position.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendments- The Foreign Service Act of 1980 is amended--CommentsClose CommentsPermalink
(1) in section 503 (
22 U.S.C. 3983 )--CommentsClose CommentsPermalink
(A) in the section heading, by striking ‘and’ and inserting ‘foreign governments, or’; andCommentsClose CommentsPermalink
(B) in subsection (a)(1), by inserting before the semicolon at the end the following: ‘, or with a foreign government under sections 506 or 507’; andCommentsClose CommentsPermalink
(2) in section 2, in the table of contents--CommentsClose CommentsPermalink
(A) by striking the item relating to section 503 and inserting the following new item:CommentsClose CommentsPermalink
‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’;CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(B) by adding after the item relating to section 505 the following new item:CommentsClose CommentsPermalink
‘Sec. 506. Transatlantic diplomatic fellowship program.’.CommentsClose CommentsPermalink
SEC. 302. SECURITY OFFICERS EXCHANGE PROGRAM.
(a) In General- Chapter 5 of title I of the Foreign Service Act of 1980 (
‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM.
‘(a) In General- The Secretary is authorized to establish the Security Officers Exchange Program. Under the program, the Secretary may assign a member of the Service, for not more than a total of three years, to a position with any country or international organization designated by the Secretary pursuant to subsection (c) that permits an employee to be assigned to a position with the Department.CommentsClose CommentsPermalink
‘(b) Salary and Benefits- The salary and benefits of the members of the Service shall be paid as described in subsection (b) of section 503 during a period in which such officer is participating in the Security Officers Exchange Program. The salary and benefits of an employee of a designated country or international organization participating in such program shall be paid by such country or international organization during the period in which such employee is participating in the program.CommentsClose CommentsPermalink
‘(c) Designation- The Secretary may designate a country or international organization to participate in this program if the Secretary determines that such participation is in the national security interests of the United States.CommentsClose CommentsPermalink
‘(d) Rule of Construction- Nothing in this section shall be construed to--CommentsClose CommentsPermalink
‘(1) authorize the appointment as an officer or employee of the United States of--CommentsClose CommentsPermalink
‘(A) an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; orCommentsClose CommentsPermalink
‘(B) 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 as, and continuation of employment as, an officer or employee of the United States; orCommentsClose CommentsPermalink
‘(2) authorize the Secretary to assign a member of the Service to a position with any foreign country whose laws, or foreign or international entity whose rules, require such member to give allegiance or loyalty to such country or entity while assigned to such position.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendment- Section 2 of the Foreign Service Act of 1980 is amended, in the table of contents, by adding after the item relating to section 506 (as added by section 311(b)(2) of this Act) the following new item:CommentsClose CommentsPermalink
‘Sec. 507. Security officers exchange program.’.CommentsClose CommentsPermalink
SEC. 303. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY.
(a) Suspension- Section 610 of the Foreign Service Act of 1980 (
‘(c)(1) In order to promote the efficiency of the Service, the Secretary may suspend a member of the Foreign Service without pay when the member’s security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.CommentsClose CommentsPermalink
‘(2) Any member of the Foreign Service for whom a suspension is proposed shall be entitled to--CommentsClose CommentsPermalink
‘(A) written notice stating the specific reasons for the proposed suspension;CommentsClose CommentsPermalink
‘(B) a reasonable time to respond orally and in writing to the proposed suspension;CommentsClose CommentsPermalink
‘(C) representation by an attorney or other representative; andCommentsClose CommentsPermalink
‘(D) a final written decision, including the specific reasons for such decision, as soon as practicable.CommentsClose CommentsPermalink
‘(3) Any member suspended under this section may file a grievance in accordance with the procedures applicable to grievances under chapter 11 of this title.CommentsClose CommentsPermalink
‘(4) In the case of a grievance filed under paragraph (3)--CommentsClose CommentsPermalink
‘(A) the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; andCommentsClose CommentsPermalink
‘(B) the Foreign Service Grievance Board may not exercise the authority provided under section 1106(8).CommentsClose CommentsPermalink
‘(5) In this subsection:CommentsClose CommentsPermalink
‘(A) The term ‘reasonable time’ means--CommentsClose CommentsPermalink
‘(i) with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; andCommentsClose CommentsPermalink
‘(ii) with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension.CommentsClose CommentsPermalink
‘(B) The term ‘suspend’ or ‘suspension’ means the placing of a member of the Foreign Service in a temporary status without duties and pay.’.CommentsClose CommentsPermalink
(b) Conforming and Clerical Amendments-CommentsClose CommentsPermalink
(1) AMENDMENT OF SECTION HEADING- Such section, as amended by subsection (a) of this section, is further amended, in the section heading, by inserting ‘; suspension’ before the period at the end.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The item relating to such section in the table of contents in section 2 of such Act is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 610. Separation for cause; suspension.’.CommentsClose CommentsPermalink
SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN SERVICE.
Section 305(d) of the Foreign Service Act of 1980 (
SEC. 305. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.
Section 309 of the Foreign Service Act of 1980 (
(1) in subsection (a), by striking ‘subsection (b)’ and inserting ‘subsections (b) or (c)’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (3)--CommentsClose CommentsPermalink
(i) by inserting ‘(A),’ after ‘if’; andCommentsClose CommentsPermalink
(ii) by inserting before the semicolon at the end the following: ‘, or (B), the career candidate is serving in the uniformed services, as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994 (
(B) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(C) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(D) by adding after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink
‘(6) in exceptional circumstances where the Secretary determines the needs of the Service require the extension of a limited appointment (A), for a period of time not to exceed 12 months (provided such period of time does not permit additional review by the boards under section 306), or (B), for the minimum time needed to settle a grievance, claim, or complaint not otherwise provided for in this section.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(c) Non-career Foreign Service employees who have served five consecutive years under a limited appointment may be reappointed to a subsequent limited appointment provided there is a one year break in service between each appointment. The Secretary may in cases of special need waive the requirement for a one year break in service.’.CommentsClose CommentsPermalink
SEC. 306. COMPENSATORY TIME OFF FOR TRAVEL.
‘(c) The maximum amount of compensatory time off earned under this section may not exceed 104 hours during any leave year (as defined by regulations established by the Office of Personnel Management).’.CommentsClose CommentsPermalink
SEC. 307. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.
(a) Resources To Protect Intellectual Property Rights- The Secretary of State shall ensure that the protection in foreign countries of the intellectual property rights of United States persons in other countries is a significant component of United States foreign policy in general and in relations with individual countries. The Secretary of State, in consultation with the Director General of the United States and Foreign Commercial Service and other agencies as appropriate, shall ensure that adequate resources are available at diplomatic missions in any country that is identified under section 182(a)(1) of the Trade Act of 1974 (
(1) support for enforcement action against violations of the intellectual property rights of United States persons in such country; andCommentsClose CommentsPermalink
(2) cooperation with the host government to reform its applicable laws, regulations, practices, and agencies to enable that government to fulfill its international and bilateral obligations with respect to intellectual property rights.CommentsClose CommentsPermalink
(b) New Appointments- The Secretary of State, in consultation with the Director General of the United States and Foreign Commercial Service, shall appoint 10 intellectual property attaches to serve in United States embassies or other diplomatic missions. The 10 appointments shall be in addition to personnel serving, on the date of the enactment of this Act, in the capacity of intellectual property attaches from any department or agency of the United States at United States embassies or other diplomatic missions.CommentsClose CommentsPermalink
(c) Priority Assignments-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), in designating the embassies or other missions to which attaches are assigned under subsection (b), the Secretary of State shall give priority to those countries where the activities of an attache may be carried out with the greatest potential benefit to reducing counterfeit and pirated products in the United States market, to protecting the intellectual property rights of United States persons and their licensees, and to protecting the interests of United States persons otherwise harmed by violations of intellectual property rights in those countries.CommentsClose CommentsPermalink
(2) ASSIGNMENTS TO PRIORITY COUNTRIES- In carrying out paragraph (1), the Secretary of State shall consider assigning intellectual property attaches--CommentsClose CommentsPermalink
(A) to the countries that have been identified under section 182(a)(1) of the Trade Act of 1974 (
(B) to the country where the Organization for Economic Cooperation and Development has its headquarters.CommentsClose CommentsPermalink
(d) Duties and Responsibilities of Intellectual Property Attaches- The intellectual property attaches appointed under subsection (b), as well as others serving as intellectual property attaches of any other department or agency of the United States, shall have the following responsibilities:CommentsClose CommentsPermalink
(1) To promote cooperation with foreign governments in the enforcement of intellectual property laws generally, and in the enforcement of laws against counterfeiting and piracy in particular.CommentsClose CommentsPermalink
(2) To assist United States persons holding intellectual property rights, and the licensees of such United States persons, in their efforts to combat counterfeiting and piracy of their products or works within the host country, including counterfeit or pirated goods exported from or transshipped through that country.CommentsClose CommentsPermalink
(3) To chair an intellectual property protection task force consisting of representatives from all other relevant sections or bureaus of the embassy or other mission.CommentsClose CommentsPermalink
(4) To coordinate with representatives of the embassies or missions of other countries in information sharing, private or public communications with the government of the host country, and other forms of cooperation for the purpose of improving enforcement against counterfeiting and piracy.CommentsClose CommentsPermalink
(5) As appropriate and in accordance with applicable laws and the diplomatic status of the attaches, to engage in public education efforts against counterfeiting and piracy in the host country.CommentsClose CommentsPermalink
(6) To coordinate training and technical assistance programs of the United States Government within the host country that are aimed at improving the enforcement of laws against counterfeiting and piracy.CommentsClose CommentsPermalink
(7) To identify and promote other means to more effectively combat counterfeiting and piracy activities under the jurisdiction of the host country.CommentsClose CommentsPermalink
(e) Training- The Secretary of State shall ensure that each attache appointed under subsection (b) is fully trained for the responsibilities of the position before assuming duties at the United States embassy or other mission in question.CommentsClose CommentsPermalink
(f) Coordination- The activities of intellectual property attaches under this section shall be carried out in coordination with the United States Intellectual Property Enforcement Coordinator appointed under section 301 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (
(g) Report to Congress-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State shall submit to the Congress, not later than December 31 of each year, a report on the appointment, designation for assignment, and activities of all intellectual property attaches of any Federal department or agency who are serving at United States embassies or other diplomatic missions.CommentsClose CommentsPermalink
(2) CONTENTS- Each report under paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) A description of the progress, or lack thereof, in the preceding year regarding the resolution of general and specific intellectual property disputes in each country identified under section 182(a)(1) of the Trade Act of 1974 (
(B) An assessment of the obstacles preventing the host government of each country described in subparagraph (A) from implementing adequate measures to fulfill its international and bilateral obligations with respect to intellectual property rights.CommentsClose CommentsPermalink
(C) An assessment of the adequacy of the resources of the Department of State employed to carry out subparagraphs (A) and (B) and, if necessary, an assessment of the need for additional resources for such purposes.CommentsClose CommentsPermalink
(h) Definitions- In this section:CommentsClose CommentsPermalink
(1) COUNTERFEITING; COUNTERFEIT GOODS-CommentsClose CommentsPermalink
(A) COUNTERFEITING- The term ‘counterfeiting’ means activities related to production of or trafficking in goods, including packaging, that bear a spurious mark or designation that is identical to or substantially indistinguishable from a mark or designation protected under trademark laws or related legislation.CommentsClose CommentsPermalink
(B) COUNTERFEIT GOODS- The term ‘counterfeit goods’ means those goods described in subparagraph (A).CommentsClose CommentsPermalink
(2) INTELLECTUAL PROPERTY RIGHTS- The term ‘intellectual property rights’ means the rights of holders of copyrights, patents, trademarks, other forms of intellectual property, and trade secrets.CommentsClose CommentsPermalink
(3) PIRACY; PIRATED GOODS-CommentsClose CommentsPermalink
(A) PIRACY- The term ‘piracy’ means activities related to production of or trafficking in unauthorized copies or phonorecords of works protected under copyright law or related legislation.CommentsClose CommentsPermalink
(B) PIRATED GOODS- The term ‘pirated goods’ means those copies or phonorecords described in subparagraph (A).CommentsClose CommentsPermalink
(4) UNITED STATES PERSON- The term ‘United States person’ means--CommentsClose CommentsPermalink
(A) any United States resident or national,CommentsClose CommentsPermalink
(B) any corporation, partnership, other business entity, or other organization, that is organized under the laws of the United States, andCommentsClose CommentsPermalink
(C) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any corporation, partnership, business entity, or organization described in subparagraph (B), that is controlled in fact by such corporation, partnership, business entity, or organization,CommentsClose CommentsPermalink
except that such term does not include an individual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in subparagraph (A), (B), or (C).CommentsClose CommentsPermalink
(i) Authorization of Appropriations- Of the amounts authorized to be appropriated under section 101, there are authorized to be appropriated for each fiscal year such sums as may be necessary for the training and support of the intellectual property attaches appointed under subsection (b) and of other personnel serving as intellectual property attaches of any other department or agency of the United States.CommentsClose CommentsPermalink
SEC. 308. DOMESTIC PARTNERS AS ELIGIBLE FAMILY MEMBERS.
It should be the policy of the United States to amend or promulgate the personnel regulations necessary to ensure that same-sex domestic partners of United States Foreign Service Officers are provided with the same benefits, protections, and services currently provided to Eligible Family Members under the Foreign Affairs Manual, including inclusion in travel orders, and access to training, emergency and medical evacuations, post health units, visa support, and preferential status for employment at post.CommentsClose CommentsPermalink
TITLE IV--INTERNATIONAL ORGANIZATIONSCommentsClose CommentsPermalink
TITLE IV--INTERNATIONAL ORGANIZATIONSCommentsClose CommentsPermalink
SEC. 401. STATEMENT OF POLICY REGARDING PEACEKEEPING OPERATIONS CONTRIBUTIONS.
It remains the policy of the United States, pursuant to section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (
SEC. 402. ENHANCING NUCLEAR SAFEGUARDS.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the ‘Nuclear Non-Proliferation Treaty’ or ‘NPT’), and the safeguards system of the International Atomic Energy Agency (IAEA) are indispensable to international peace and security.CommentsClose CommentsPermalink
(2) Congress has long supported efforts aimed at effective and efficient assurances of nuclear fuel supply, the strengthening of IAEA safeguards, and assistance to the developing world for nuclear and non-nuclear energy sources, as embodied in the Nuclear Non-Proliferation Act of 1978 (
(3) According to some experts, global energy demand will grow by 50 percent in the next 20 years, predominantly in the developing world.CommentsClose CommentsPermalink
(4) The Government Accountability Office (GAO) stated in testimony before Congress in September 2006 that ‘while IAEA is increasingly relying on the analytical skills of its staff to detect countries’ undeclared nuclear activities, the agency is facing a looming human capital crisis.CommentsClose CommentsPermalink
(5) The Director General of the IAEA told the Board of Governors of the IAEA in March 2009 that the ‘deteriorating conditions in our laboratories, for example, threaten both our ability to deliver our programmed, as well as our independent analytical capability’.CommentsClose CommentsPermalink
(6) Considerable investment is needed for the IAEA’s Safeguards Analytical Laboratory (SAL), to meet future IAEA requirements as its workload is growing, the laboratory’s infrastructure is aging, and IAEA requirements have become more demanding, and while initial plans have been made for laboratory enhancement and are currently pending budgetary approval (sometime in 2009), the simple fact is that, as more countries implement IAEA safeguards, many more nuclear samples come to SAL for analysis.CommentsClose CommentsPermalink
(7) The existing funding, planning, and execution of IAEA safeguards is not sufficient to meet the predicted growth in the future of civilian nuclear power, and therefore any growth in civilian nuclear power must be evaluated against the challenges it poses to verification of the assurances of peace and security provided by the IAEA safeguards system.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 for the refurbishment or possible replacement of the IAEA’s Safeguards Analytical Laboratory.CommentsClose CommentsPermalink
(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the refurbishment or possible replacement of the IAEA’s Safeguards Analytical Laboratory pursuant to subsection (b).CommentsClose CommentsPermalink
SEC. 403. DURBAN REVIEW CONFERENCE FUNDING.
None of the funds authorized to be appropriated by this Act may be used by the Secretary of State as a contribution for any part of the Durban Review Conference or its preparatory or follow-on activities.CommentsClose CommentsPermalink
SEC. 404. RESTRICTIONS REGARDING IRAN-LED INTERNATIONAL ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act may be used by the Secretary of State as a contribution for any organization, agency, or program within the United Nations system in which Iran holds a position of leadership.CommentsClose CommentsPermalink
SEC. 405. UNITED NATIONS HUMAN RIGHTS COUNCIL.
None of the funds authorized to be appropriated by this Act may be used by the Secretary of State as a contribution for the United Nations Human Rights Council.CommentsClose CommentsPermalink
SEC. 406. UNITED NATIONS RELIEF AND WORKS AGENCY.
None of the funds authorized to be appropriated by this Act may be used by the Secretary of State as a contribution for the United Nations Relief and Works Agency.CommentsClose CommentsPermalink
SEC. 407. UNITED NATIONS DEVELOPMENT PROGRAM ETHICS JURISDICTION.
The Secretary of State shall withhold 10 percent from the United States voluntary contribution for fiscal year 2010 to the United Nations Development Program until the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that the United Nations Development Program has acceded to the jurisdiction of the United Nations Ethics Office.CommentsClose CommentsPermalink
SEC. 408. WITHHOLDING OF CONTRIBUTIONS TO UNITED NATIONS FOR LEGAL FEES OF CERTAIN OFFICERS OR EMPLOYEES.
The United States may not contribute to the United Nations any funds to be used to pay or reimburse legal expenses incurred by current or former United Nations officers or employees in connection with proceedings arising out of alleged malfeasance in connection with the employment of such officers or employees with the United Nations. The President shall ensure that no United States contributions to the United Nations are used for such purposes, including, where necessary, by withholding from United States contributions to the regularly assessed biennial budget of the United Nations amounts equal to any amounts so paid or reimbursed.CommentsClose CommentsPermalink
SEC. 409. REVIEW OF ACTIVITIES OF INTERNATIONAL COMMISSIONS.
(a) In General- Not later than one year after the date of the enactment of this Act, and two years thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the activities of each of the international commissions specified in section 103.CommentsClose CommentsPermalink
(b) Report Elements- The reports required under subsection (a) shall include information on the following:CommentsClose CommentsPermalink
(1) Amounts obligated and expended during the two previous fiscal years by each of such commissions.CommentsClose CommentsPermalink
(2) A description of the projects carried out during such years by each of such commissions and a description of the management and implementation of such projects, including the use of private contractors.CommentsClose CommentsPermalink
(3) Projects anticipated during the next two fiscal years relating to the activities of each of such commissions because of obligations that the United States has entered into based on any treaty between the United States and another country.CommentsClose CommentsPermalink
(c) Submission of Reports- The reports required under subsection (a) may be combined with the annual budget justification submitted by the President in accordance with
TITLE V--UNITED STATES INTERNATIONAL BROADCASTINGCommentsClose CommentsPermalink
TITLE V--UNITED STATES INTERNATIONAL BROADCASTINGCommentsClose CommentsPermalink
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL BROADCASTING.
The following amounts are authorized to be appropriated to carry out United States international broadcasting activities under the United States Information and Educational Exchange Act of 1948, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the United States International Broadcasting Act of 1994, and the Foreign Affairs Reform and Restructuring Act of 1998, and to carry out other authorities in law consistent with such purposes:CommentsClose CommentsPermalink
(1) For ‘International Broadcasting Operations’, $730,241,919 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(2) For ‘Broadcasting Capital Improvements’, $11,713,952 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(3) For ‘Broadcasting to Cuba’, $32,500,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM.
Section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003, (
SEC. 503. EMPLOYMENT FOR INTERNATIONAL BROADCASTING.
Section 804(1) of the United States Information and Educational Exchange Act of 1948 (
SEC. 504. DOMESTIC RELEASE OF THE VOICE OF AMERICA FILM ENTITLED ‘A FATEFUL HARVEST’.
(a) In General- Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (
(b) Domestic Release- Upon evidence that necessary United States rights and licenses have been secured by the person seeking domestic release of the film referred to in subsection (a), the Archivist shall--CommentsClose CommentsPermalink
(1) deposit the film in the National Archives of the United States; andCommentsClose CommentsPermalink
(2) make copies of the film available for purchase and public viewing within the United States.CommentsClose CommentsPermalink
SEC. 505. ESTABLISHING PERMANENT AUTHORITY FOR RADIO FREE ASIA.
Section 309 of the United States International Broadcasting Act of 1994 (
(1) in subsection (c)(2), by striking ‘, and shall further specify that funds to carry out the activities of Radio Free Asia may not be available after September 30, 2010’;CommentsClose CommentsPermalink
(2) by striking subsection (f); andCommentsClose CommentsPermalink
(3) by redesignating subsections (g) and (h) as subsection (f) and (g), respectively.CommentsClose CommentsPermalink
TITLE VI--UNITED NATIONS TRANSPARENCY, ACCOUNTABILITY, AND REFORM ACT OF 2009CommentsClose CommentsPermalink
TITLE VI--UNITED NATIONS TRANSPARENCY, ACCOUNTABILITY, AND REFORM ACT OF 2009CommentsClose CommentsPermalink
SEC. 601. SHORT TITLE.
This title may be cited as the ‘United Nations Transparency, Accountability, and Reform Act of 2009’.CommentsClose CommentsPermalink
SEC. 602. DEFINITIONS.
In this title :CommentsClose CommentsPermalink
(1) EMPLOYEE- The term ‘employee’ means an individual who is employed in the general services, professional staff, or senior management of the United Nations, including consultants, contractors and subcontractors.CommentsClose CommentsPermalink
(2) GENERAL ASSEMBLY- The term ‘General Assembly’ means the General Assembly of the United Nations.CommentsClose CommentsPermalink
(3) MEMBER STATE- The term ‘Member State’ means a Member State of the United Nations. Such term is synonymous with the term ‘country’.CommentsClose CommentsPermalink
(4) SECRETARY- The term ‘Secretary’ means the Secretary of State.CommentsClose CommentsPermalink
(5) SECRETARY GENERAL- The term ‘Secretary General’ means the Secretary General of the United Nations.CommentsClose CommentsPermalink
(6) SECURITY COUNCIL- The term ‘Security Council’ means the Security Council of the United Nations.CommentsClose CommentsPermalink
(7) UN- The term ‘UN’ means the United Nations.CommentsClose CommentsPermalink
(8) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House; andCommentsClose CommentsPermalink
(B) the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink
Subtitle A--Funding of the United NationsCommentsClose CommentsPermalink
Subtitle A--Funding of the United NationsCommentsClose CommentsPermalink
SEC. 611. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) The United States pays billions of dollars into the United Nations system every year (over 5,300,000,000 dollars in 2005, according to the White House Office of Management and Budget), significantly more than any other country.CommentsClose CommentsPermalink
(2) Under current rules and contribution levels, it is possible to assemble the two-thirds majority needed for important United Nations budget votes with a group of countries that, taken together, pay less than 1 percent of the total United Nations regular budget.CommentsClose CommentsPermalink
(3) The disconnect between contribution levels and management control creates significant perverse incentives in terms of United Nations spending, transparency, and accountability.CommentsClose CommentsPermalink
(4) The United Nations system suffers from unacceptably high levels of waste, fraud, and abuse, which seriously impair its ability to fulfill the lofty ideals of its founding.CommentsClose CommentsPermalink
(5) Amidst the continuing financial, corruption, and sexual abuse scandals of the past several years, American public disapproval of United Nations has reached all-time highs. A 2008 Gallup poll revealed that 65 percent of Americans believe that the United Nations is doing a poor job, a negative assessment shared by a majority of respondents from both political parties. Research polling by another firm in late 2006 found that 71 percent of Americans think that the United Nations is ‘no longer effective’ and needs to be significantly reformed, while 75 percent think that the United Nations ‘needs to be held more accountable.’CommentsClose CommentsPermalink
(6) Significant improvements in United Nations transparency and accountability are necessary for improving public perceptions of and American support for United Nations operations.CommentsClose CommentsPermalink
(7) Because of their need to justify future contributions from donors, voluntarily funded organizations have more incentive to be responsive and efficient in their operations than organizations funded by compulsory contributions that are not tied to performance.CommentsClose CommentsPermalink
(8) Article XVII of the Charter of the United Nations, which states that ‘[t]he expenses of the Organization shall be borne by the Members as apportioned by the General Assembly’, leaves to the discretion of the General Assembly the basis of apportionment, which could be done on the basis of voluntary pledges by Member States.CommentsClose CommentsPermalink
(9) Unlike United States assessed contributions to the United Nations regular budget, which are statutorily capped at 22 percent of the total, there is no cap on voluntary contributions.CommentsClose CommentsPermalink
(10) The United States, which contributes generously to international organizations whose activities it recognizes as credible, worthwhile, and efficient, contributes more than 22 percent of the budget of certain voluntarily funded United Nations Specialized Agencies.CommentsClose CommentsPermalink
SEC. 612. APPORTIONMENT OF THE UNITED NATIONS REGULAR BUDGET ON A VOLUNTARY BASIS.
(a) United States Policy-CommentsClose CommentsPermalink
(1) SHIFTING OF FUNDING- It is the policy of the United States to seek to shift the funding mechanism for the regular budget of the United Nations from an assessed to a voluntary basis.CommentsClose CommentsPermalink
(2) DIRECTION- The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to shift the funding mechanism for the regular budget of the United Nations to a voluntary basis, and to make it a priority to build support for such a transformational change among Member States, particularly key United Nations donors.CommentsClose CommentsPermalink
(b) Certification of Predominantly Voluntary UN Regular Budget Finding- A certification described in this section is a certification by the Secretary of State to the Appropriate Congressional Committees that at least 80 percent of the total regular budget of the United Nations is apportioned on a voluntary basis. Each such certification shall be shall be effective for a period of no more than 1 year, and shall be promptly revoked by the Secretary, with notice to the Appropriate Congressional Committees, if the underlying circumstances change so as not to warrant such certification.CommentsClose CommentsPermalink
(c) Withholding of Nonvoluntary Contributions-CommentsClose CommentsPermalink
(1) IN GENERAL- Beginning two years after the effective date of this Act and notwithstanding any other provision of law, no funds may be obligated or expended for a United States assessed contribution to the regular budget of the United Nations in an amount greater than 50 percent of the United States share of assessed contributions for the regular budget of the United Nations unless there is in effect a certification by the Secretary, as described in subsection (b).CommentsClose CommentsPermalink
(2) RELEASE- For a period of three years after appropriation, funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to paragraph (1) may be obligated and expended for that purpose upon the certification described in subsection (b). After three years, in the absence of such certification, those funds shall revert to the United States Treasury.CommentsClose CommentsPermalink
SEC. 613. BUDGET JUSTIFICATION FOR UNITED STATES CONTRIBUTIONS TO THE REGULAR BUDGET OF THE UNITED NATIONS.
(a) Detailed Itemization- The annual congressional budget justification shall include a detailed itemized request in support of the contribution of the United States to the regular budget of the United Nations.CommentsClose CommentsPermalink
(b) Contents of Detailed Itemization- The detailed itemization required under subsection (a) shall--CommentsClose CommentsPermalink
(1) contain information relating to the amounts requested in support of each of the various sections and titles of the regular budget of the United Nations; andCommentsClose CommentsPermalink
(2) compare the amounts requested for the current year with the actual or estimated amounts contributed by the United States in previous fiscal years for the same sections and titles.CommentsClose CommentsPermalink
(c) Adjustments and Notification- If the United Nations proposes an adjustment to its regular assessed budget, the Secretary of State shall, at the time such adjustment is presented to the Advisory Committee on Administrative and Budgetary Questions (ACABQ), notify and consult with the appropriate congressional committees.CommentsClose CommentsPermalink
Subtitle B--Transparency and Accountability for United States Contributions to the United NationsCommentsClose CommentsPermalink
Subtitle B--Transparency and Accountability for United States Contributions to the United NationsCommentsClose CommentsPermalink
SEC. 621. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) As underscored by continuing revelations of waste, fraud, and abuse, oversight and accountability mechanisms within the United Nations system remain significantly deficient, despite decades of reform attempts, including those initiated by Secretaries General of the United Nations.CommentsClose CommentsPermalink
(2) Notwithstanding the personal intentions of any Secretary General of the United Nations to promote institutional transparency and accountability within the United Nations System, the Secretary General lacks the power to impose far reaching management reforms without the concurrence of the General Assembly.CommentsClose CommentsPermalink
(3) Groupings of Member States whose voting power in the General Assembly significantly outpaces their proportional contributions to the United Nations system have repeatedly and successfully defeated, delayed, and diluted various reform proposals that would have enabled more detailed oversight and scrutiny of United Nations system operations and expenditures.CommentsClose CommentsPermalink
(4) To an unacceptable degree, major donor states, including the United States, lack access to reasonably detailed, reliable information that would allow them to determine how their contributions have been spent by various United Nations system entities, further contributing to the lack of accountability within the United Nations system.CommentsClose CommentsPermalink
SEC. 622. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) UNITED NATIONS ENTITY- The term ‘United Nations Entity’ means any United Nations agency, commission, conference, council, court, department, forum, fund, institute, office, organization, partnership, program, subsidiary body, tribunal, trust, university or academic body, related organization or subsidiary body, wherever located, that flies the United Nations flag or is authorized to use the United Nations logo, including but not limited to those United Nations affiliated agencies and bodies identified as recipients of United States contributions under section 1225(b)(3)(E) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(2) UNITED NATIONS SYSTEM- The term ‘United Nations System’ means the aggregation of all United Nations Entities, as defined in paragraph (1).CommentsClose CommentsPermalink
(3) UNITED STATES CONTRIBUTION- The term ‘United States Contribution’ means an assessed or voluntary contribution, whether financial, in-kind, or otherwise, from the United States Federal Government to a United Nations Entity, including contributions passed through other entities for ultimate use by a United Nations Entity. United States Contributions include, but are not limited to, those contributions identified pursuant to section 1225(b)(3)(E) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
(4) TRANSPARENCY CERTIFICATION- The term ‘Transparency Certification’ means an annual, written affirmation by the head or authorized designee of a United Nations Entity that the Entity will cooperate with the Inspector General, including by providing the Inspector General, upon request, with full access to Oversight Information as defined in this title.CommentsClose CommentsPermalink
(5) OVERSIGHT INFORMATION- The term ‘Oversight Information’ includes--CommentsClose CommentsPermalink
(A) internally and externally commissioned audits, program reviews, performance reports, and evaluations;CommentsClose CommentsPermalink
(B) financial statements, records, and billing systems;CommentsClose CommentsPermalink
(C) program budgets and program budget implications, including revised estimates and reports produced by or provided to the Secretary General and the Secretary General’s agents on budget related matters;CommentsClose CommentsPermalink
(D) operational plans, budgets, and budgetary analyses for peacekeeping operations;CommentsClose CommentsPermalink
(E) analyses and reports regarding the scale of assessments;CommentsClose CommentsPermalink
(F) databases and other data systems containing financial or programmatic information;CommentsClose CommentsPermalink
(G) documents or other records alleging or involving improper use of resources, misconduct, mismanagement, or other violations of rules and regulations applicable to the United Nations Entity; andCommentsClose CommentsPermalink
(H) other documentation relevant to the audit and investigative work of the United States Inspector General for Contributions to the United Nations System.CommentsClose CommentsPermalink
SEC. 623. ESTABLISHMENT AND MANAGEMENT OF THE OFFICE OF THE UNITED STATES INSPECTOR GENERAL FOR CONTRIBUTIONS TO THE UNITED NATIONS SYSTEM.
(a) Purpose- The purpose of this section is to make possible the independent and objective conduct of audits and investigations relating to United States Contributions to the United Nations System and the use of those contributions by United Nations Entities, in an effort to eliminate and deter waste, fraud, and abuse in the use of those contributions, and thereby to contribute to the development of greater transparency, accountability, and internal controls throughout the United Nations System.CommentsClose CommentsPermalink
(b) Establishment- There is hereby established the Office of the United States Inspector General for Contributions to the United Nations System.CommentsClose CommentsPermalink
(c) Inspector General-CommentsClose CommentsPermalink
(1) APPOINTMENT- The head of the Office of the United States Inspector General for Contributions to the United Nations System is the Inspector General for Contributions to the United Nations System, who shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.CommentsClose CommentsPermalink
(2) NOMINATION- The nomination of an individual as Inspector General shall be made not later than 30 days after the enactment of this Act.CommentsClose CommentsPermalink
(3) REMOVAL- The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress.CommentsClose CommentsPermalink
(4) COMPENSATION- The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under
(5) RELATIONSHIP TO BOARD-CommentsClose CommentsPermalink
(A) Except as provided in subparagraph (B), the Inspector General shall report directly to and be under the general supervision of, the Board of Directors created in subsection (d).CommentsClose CommentsPermalink
(B) Neither the Board, any officer of the Board, nor any officer of a federal department or agency shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation.CommentsClose CommentsPermalink
(6) DUTIES-CommentsClose CommentsPermalink
(A) IN GENERAL- It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of--CommentsClose CommentsPermalink
(i) the treatment, handling, expenditure, and use of United States Contributions by and to United Nations Entities; andCommentsClose CommentsPermalink
(ii) the adequacy of accounting, oversight, and internal control mechanisms at United Nations Entities that receive United States Contributions.CommentsClose CommentsPermalink
(B) SUPERVISION- The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duty under subparagraph (A).CommentsClose CommentsPermalink
(C) OPERATION- The Inspector General shall carry out the duties specified in subparagraphs (A) and (B) in accordance with section 4(b)(1) of the Inspector General Act of 1978.CommentsClose CommentsPermalink
(D) MAINTENANCE OF RECORDS- The Inspector General shall collect and maintain current records regarding Transparency Certifications by all United Nations Entities that receive United States Contributions.CommentsClose CommentsPermalink
(E) NOTIFICATION- The Inspector General shall keep the Board of Directors and the Congress fully and promptly informed of how United Nations Entities are spending United States Contributions by means of reports, testimony, and briefings.CommentsClose CommentsPermalink
(F) REFERRALS-CommentsClose CommentsPermalink
(i) The Inspector General shall promptly report to the United States Attorney General when Inspector General has reasonable grounds to believe a United States federal criminal law has been violated by a United Nations Entity or one of its employees, contractors, or representatives.CommentsClose CommentsPermalink
(ii) The Inspector General shall promptly report, when appropriate, to the Secretary General or the head of the appropriate United Nations Entity cases where the Inspector General reasonably believes that mismanagement, misfeasance, or malfeasance is likely to have taken place within a United Nations Entity and disciplinary proceedings are likely justified.CommentsClose CommentsPermalink
(7) PERSONNEL, FACILITIES, AND OTHER RESOURCES-CommentsClose CommentsPermalink
(A) IN GENERAL- The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General.CommentsClose CommentsPermalink
(B) SERVICES- The inspector general may obtain services as authorized by
(C) REAL PROPERTY- The Inspector General may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out this section.CommentsClose CommentsPermalink
(D) CONTRACTS- To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General my enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General.CommentsClose CommentsPermalink
(E) DETAILEES- Upon request by the Inspector General, the head of an agency may detail any employee of such agency to the Office of the United States Inspector General for Contributions to the United Nations System on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.CommentsClose CommentsPermalink
(8) COOPERATION BY UNITED STATES GOVERNMENT ENTITIES-CommentsClose CommentsPermalink
(A) IN GENERAL- In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall receive the cooperation of inspectors general of other Federal Government agencies.CommentsClose CommentsPermalink
(B) ASSISTANCE- Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee.CommentsClose CommentsPermalink
(C) REPORT- Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Board of Directors and to the Appropriate Congressional Committees without delay.CommentsClose CommentsPermalink
(9) CONFIRMATION OF TRANSPARENCY BY UNITED NATIONS ENTITIES-CommentsClose CommentsPermalink
(A) PROMPT NOTICE BY INSPECTOR GENERAL- Whenever information or assistance requested from a United Nations Entity by the Inspector General pursuant to a Transparency Certification is, in the opinion of the Inspector General, unreasonably refused or not provided in a timely manner, the Inspector General shall notify the Board of Directors, the head of that particular United Nations Entity, and the Secretary General of the circumstances in writing, without delay.CommentsClose CommentsPermalink
(B) NOTICE OF COMPLIANCE- If and when the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph (A) is provided to the satisfaction of the Inspector General, the Inspector General shall so notify in writing the United Nations Entity, the Board of Directors, and the Appropriate Congressional Committees.CommentsClose CommentsPermalink
(C) NONCOMPLIANCE- If the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph (A) is not provided to the satisfaction of the Inspector General within 90 days of that notification, then the United Nations Entity that is the subject of the notification is deemed to be noncompliant with its Transparency Certification, and the Inspector General shall provide prompt, written notification of that fact to the Board of Directors, Appropriate Congressional Committees, the head of that United Nations Entity, the Secretary General, and any office or agency of the Federal Government that has provided that United Nations Entity with any United States Contribution during the prior 2 years.CommentsClose CommentsPermalink
(D) RESTORATION OF COMPLIANCE- After the situation has been resolved to the satisfaction of the Board of Directors, a finding of Transparency Certification noncompliance pursuant to subparagraph (B) may be reversed by an affirmative vote of at least 5 of the 7 members of the Board of Directors. The Board shall promptly provide notification of such restoration, along with a description of the basis for the Board’s decision, to the Inspector General, Appropriate Congressional Committees, the head of the affected United Nations Entity, the Secretary General, and the head of any office or agency of the Federal Government that has provided that United Nations Entity with any United States Contribution during the prior 2 years.CommentsClose CommentsPermalink
(E) COST REIMBURSEMENT- The Inspector General may reimburse United Nations Entities for the reasonable cost of providing to the Inspector General information or assistance sought pursuant to a Transparency Certification for the purpose of performing the duties described in paragraph (6).CommentsClose CommentsPermalink
(10) REPORTS-CommentsClose CommentsPermalink
(A) AUDIT AND INVESTIGATION REPORTS- Promptly upon completion, the Inspector General shall provide copies of each audit and investigation report completed pursuant to paragraph (6) to the Board of Directors, the Appropriate Congressional Committees, and, to the extent permissible under United States law, the head of each United Nations Entity that is the subject of that particular report.CommentsClose CommentsPermalink
(B) SEMIANNUAL REPORTS- Not later than May 30, 2010, and semiannually thereafter, the Inspector General shall submit to the Appropriate Congressional Committees a report that, among other things--CommentsClose CommentsPermalink
(i) meets the requirements of section 5 of the Inspector General Act of 1978; andCommentsClose CommentsPermalink
(ii) includes a list of and detailed description of the circumstances surrounding any notification of noncompliance issued pursuant to paragraph (9)(C) during the covered timeframe, and whether and when Board of Directors has reversed such finding of noncompliance.CommentsClose CommentsPermalink
(C) PROHIBITED DISCLOSURES- Nothing in this subsection shall be construed to authorize the public disclosure of information that is--CommentsClose CommentsPermalink
(i) specifically prohibited from disclosure by any other provision of law;CommentsClose CommentsPermalink
(ii) specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; orCommentsClose CommentsPermalink
(iii) a part of an ongoing criminal investigation.CommentsClose CommentsPermalink
(D) PRIVACY PROTECTIONS- The Inspector General shall exempt from public disclosure information received from a United Nations Entity or developed during an audit or investigation that the Inspector General believes--CommentsClose CommentsPermalink
(i) constitutes a trade secret or privileged and confidential personal financial information;CommentsClose CommentsPermalink
(ii) accuses a particular person of a crime;CommentsClose CommentsPermalink
(iii) would, if publicly disclosed, constitute a clearly unwarranted invasion of personal privacy; andCommentsClose CommentsPermalink
(iv) would compromise an ongoing law enforcement investigation or judicial trial in the United States.CommentsClose CommentsPermalink
(E) PUBLICATION- Subject only to the exceptions detailed in subparagraphs (C) and (D), the Inspector General shall promptly publish each report under this subsection on a publicly available and searchable Internet website.CommentsClose CommentsPermalink
(d) Board of Directors-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- The Office of the United States Inspector General for Contributions to the United Nations System shall have a Board of Directors.CommentsClose CommentsPermalink
(2) DUTIES- The Board shall receive information and reports of audits and investigations from the Office and the Inspector General, provide general direction and supervision to the Office and the Inspector General, and determine the restoration of compliance by any United Nations Entity with its Transparency Certification pursuant to subsection (c)(9)(D).CommentsClose CommentsPermalink
(3) MEMBERSHIP- The Board shall consist of the Secretary of State (or the Secretary’s designee), the Secretary of Labor (or the Secretary’s designee), the Secretary of Agriculture (or the Secretary’s designee), the Secretary of Defense (or the Secretary’s designee), the Administrator of the Environmental Protection Agency (or the Administrator’s designee), the Secretary of the Treasury (or the Secretary’s designee), and the Director of the Office of Management and Budget (or the Director’s designee).CommentsClose CommentsPermalink
(4) CHAIRMANSHIP- The Board shall be chaired by a board member, and the chairmanship shall rotate among the member departments and agencies on an annual basis. The first chair shall be the Director or designee from the Office of Management and Budget.CommentsClose CommentsPermalink
SEC. 624. TRANSPARENCY FOR UNITED STATES CONTRIBUTIONS.
(a) Funding Prerequisites- Notwithstanding any other provision of law, no funds made available for use as a United States Contribution to any United Nations Entity may be obligated or expended if--CommentsClose CommentsPermalink
(1) the intended United Nations Entity recipient has not provided to the Inspector General within the preceding year a Transparency Certification as defined in section X22(4); orCommentsClose CommentsPermalink
(2) the intended United Nations Entity recipient is noncompliant with its Transparency Certification as described in section X23(c)(9)(C).CommentsClose CommentsPermalink
(b) Treatment of Funds Withheld for Noncompliance- At the conclusion of each fiscal year, any funds that had been appropriated for use as a United States Contribution to a United Nations Entity during that fiscal year, but could not be obligated or expended because of the restrictions of paragraph (1), shall be returned to the United States Treasury, and are not subject to reprogramming for any other use. Any such funds returned to the Treasury shall not be considered arrears to be repaid to any United Nations Entity.CommentsClose CommentsPermalink
(c) Presidential Waiver- The President may waive the limitations of this subsection with respect to a particular United States Contribution to a particular United Nations Entity within a single fiscal year if the President determines that it is required by the national security interests of the United States and provides notification and explanation of that determination to the Appropriate Congressional Committees.CommentsClose CommentsPermalink
SEC. 625. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as are necessary to carry out the activities of this title, provided that such sums be not less than one half of 1 percent of the total amount of all assessed and voluntary contributions of the United States Government to the United Nations and United Nations affiliated agencies and related bodies during the prior fiscal year, as identified pursuant to section 1225(b)(3)(E) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (
Subtitle C--United States Policy at the United NationsCommentsClose CommentsPermalink
Subtitle C--United States Policy at the United NationsCommentsClose CommentsPermalink
SEC. 631. ANNUAL PUBLICATION.
The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure the United Nations publishes annually, including on a publicly searchable internet website, a list of all United Nations subsidiary bodies and their functions, budgets, staff, and contributions, both voluntary and assessed, sorted by donor.CommentsClose CommentsPermalink
SEC. 632. ANNUAL FINANCIAL DISCLOSURE.
The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to implement a system for the required filing of individual annual financial disclosure forms by each employee of the United Nations and its specialized agencies, programs, and funds at the P-5 level and above, which shall be made available to the Office of Internal Oversight Services and, upon request, to Member States and their public.CommentsClose CommentsPermalink
SEC. 633. POLICY WITH RESPECT TO EXPANSION OF THE SECURITY COUNCIL.
It shall be the policy of the United States to use the voice, vote, and influence of the United States at the United Nations to oppose any proposals on expansion of the Security Council if such expansion would--CommentsClose CommentsPermalink
(1) diminish the influence of the United States on the Security Council;CommentsClose CommentsPermalink
(2) include veto rights for any new members of the Security Council; orCommentsClose CommentsPermalink
(3) undermine the effectiveness of the Security Council.CommentsClose CommentsPermalink
SEC. 634. ACCESS TO REPORTS AND AUDITS.
The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that Member States may, upon request, have access to all reports and audits completed by the Board of External Auditors.CommentsClose CommentsPermalink
SEC. 635. WAIVER OF IMMUNITY.
The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that the Secretary General exercises the right and duty of the Secretary General under section 20 of the Convention on the Privileges and Immunities of the United Nations to waive the immunity of any United Nations official in any case in which such immunity would impede the course of justice. In exercising such waiver, the Secretary General is urged to interpret the interests of the United Nations as favoring the investigation or prosecution of a United Nations official who is credibly under investigation for having committed a serious criminal offense or who is credibly charged with a serious criminal offense.CommentsClose CommentsPermalink
SEC. 636. TERRORISM AND THE UNITED NATIONS.
The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to work toward adoption by the general assembly of--CommentsClose CommentsPermalink
(1) a definition of terrorism that--CommentsClose CommentsPermalink
(A) builds upon the recommendations of the December 2004 report of the High-Level Panel on Threats, Challenges, and Change;CommentsClose CommentsPermalink
(B) includes as an essential component of such definition any action that is intended to cause death or serious bodily harm to civilians with the purpose of intimidating a population or compelling a government or an international organization to do, or abstain from doing, any act; andCommentsClose CommentsPermalink
(C) does not propose a legal or moral equivalence between an action described in paragraph (1)(B) and measures taken by a government or international organization in self-defense against an action described in paragraph (1)(B); andCommentsClose CommentsPermalink
(2) a comprehensive convention on terrorism that includes the definition described in paragraph (1).CommentsClose CommentsPermalink
SEC. 637. REPORT ON UNITED NATIONS REFORM.
(a) In General- Not later than 180 days after the date of the enactment of this Act and annually for each of the next three years, the Secretary shall submit to the appropriate congressional committees a report on United Nations reform.CommentsClose CommentsPermalink
(b) Contents- The report required under subsection (a) shall describe--CommentsClose CommentsPermalink
(1) progress toward the goal of shifting the funding for the United Nations Regular Budget to a voluntary basis as identified in section X12 above, and a detailed description of efforts and activities by United States diplomats and officials toward that end;CommentsClose CommentsPermalink
(2) progress toward each of the policy goals identified in the prior sections of this title, and a detailed, goal-specific description of efforts and activities by United States diplomats and officials toward those ends;CommentsClose CommentsPermalink
(3) the status of the implementation of management reforms within the United Nations and its specialized agencies;CommentsClose CommentsPermalink
(4) the number of outputs, reports, or other mandates generated by General Assembly resolutions that have been eliminated;CommentsClose CommentsPermalink
(5) the progress of the General Assembly to modernize and streamline the committee structure and its specific recommendations on oversight and committee outputs, consistent with the March 2005 report of the Secretary General entitled ‘In larger freedom: towards development, security and human rights for all’;CommentsClose CommentsPermalink
(6) the status of the review by the General Assembly of all mandates older than 5 years and how resources have been redirected to new challenges, consistent with such March 2005 report of the Secretary General;CommentsClose CommentsPermalink
(7) the continued utility and relevance of the Economic and Financial Committee and the Social, Humanitarian, and Cultural Committee, in light of the duplicative agendas of those committees and the Economic and Social Council; andCommentsClose CommentsPermalink
(8) whether the United Nations or any of its specialized agencies has contracted with any party included on the Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs.CommentsClose CommentsPermalink
SEC. 638. REPORT ON UNITED NATIONS PERSONNEL.
(a) In General- Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report--CommentsClose CommentsPermalink
(1) concerning the progress of the General Assembly to modernize human resource practices, consistent with the March 2005 report of the Secretary General entitled ‘In larger freedom: towards development, security and human rights for all’; andCommentsClose CommentsPermalink
(2) containing the information described in subsection (b).CommentsClose CommentsPermalink
(b) Contents- The report shall include--CommentsClose CommentsPermalink
(1) a comprehensive evaluation of human resources reforms at the United Nations, including an evaluation of--CommentsClose CommentsPermalink
(A) tenure;CommentsClose CommentsPermalink
(B) performance reviews;CommentsClose CommentsPermalink
(C) the promotion system;CommentsClose CommentsPermalink
(D) a merit-based hiring system and enhanced regulations concerning termination of employment of employees; andCommentsClose CommentsPermalink
(E) the implementation of a code of conduct and ethics training;CommentsClose CommentsPermalink
(2) the implementation of a system of procedures for filing complaints and protective measures for work-place harassment, including sexual harassment;CommentsClose CommentsPermalink
(3) policy recommendations relating to the establishment of a rotation requirement for nonadministrative positions;CommentsClose CommentsPermalink
(4) policy recommendations relating to the establishment of a prohibition preventing personnel and officials assigned to the mission of a member state to the united nations from transferring to a position within the United Nations Secretariat that is compensated at the P-5 level and above;CommentsClose CommentsPermalink
(5) policy recommendations relating to a reduction in travel allowances and attendant oversight with respect to accommodations and airline flights; andCommentsClose CommentsPermalink
(6) an evaluation of the recommendations of the Secretary General relating to greater flexibility for the Secretary General in staffing decisions to accommodate changing priorities.CommentsClose CommentsPermalink
SEC. 639. WITHHOLDING OF UNITED STATES CONTRIBUTIONS TO UNRWA.
(a) Withholding- Contributions by the United States to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise), may be provided only during a period for which a certification described in subsection (b) is in effect.CommentsClose CommentsPermalink
(b) Certification- A certification described in this paragraph is a written determination by the Secretary, based on all information available after diligent inquiry, and transmitted to the Appropriate Congressional Committees along with a detailed description of the factual basis therefor, that--CommentsClose CommentsPermalink
(1) no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA--CommentsClose CommentsPermalink
(A) is a member of a foreign terrorist organization;CommentsClose CommentsPermalink
(B) has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; orCommentsClose CommentsPermalink
(C) has used any UNRWA resources, including publications or Web sites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict;CommentsClose CommentsPermalink
(2) no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a foreign terrorist organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes;CommentsClose CommentsPermalink
(3) UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof;CommentsClose CommentsPermalink
(4) no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; andCommentsClose CommentsPermalink
(5) no recipient of UNRWA funds or loans is a member of a foreign terrorist organization.CommentsClose CommentsPermalink
(c) Definition- In this section, the term ‘foreign terrorist organization’ means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (
(d) Effective Duration of Certification- The certification described in subsection (b) shall be effective for a period of 180 days from the date of transmission to the Appropriate Congressional Committees, or until the Secretary receives information rendering that certification factually inaccurate, whichever is earliest. In the event that a certification becomes ineffective, the Secretary shall promptly transmit to the Appropriate Congressional Committees a description of any information that precludes the renewal or continuation of the certification.CommentsClose CommentsPermalink
(e) Limitation- During a period for which a certification described in subsection (b) is in effect, the United States may not contribute to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or a successor entity an annual amount--CommentsClose CommentsPermalink
(1) greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States;CommentsClose CommentsPermalink
(2) that, as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; orCommentsClose CommentsPermalink
(3) that exceeds 22 percent of the total budget of UNRWA.CommentsClose CommentsPermalink
(f) Sense of Congress- It is the sense of Congress that, in order to alleviate the suffering of Palestinian refugees, responsibility for those refugees should be fully transferred to the Office of the United Nations High Commissioner for Refugees.CommentsClose CommentsPermalink
SEC. 640. UNITED NATIONS TREATY BODIES.
The United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended with respect to a United Nations human rights treaty monitoring body or committee that was established by--CommentsClose CommentsPermalink
(1) a convention (without any protocols) or an international covenant (without any protocols) to which the United States is not party; orCommentsClose CommentsPermalink
(2) a convention, with a subsequent protocol, if the United States is a party to neither.CommentsClose CommentsPermalink
SEC. 641. EQUALITY AT THE UNITED NATIONS.
(a) Department of State Review and Report-CommentsClose CommentsPermalink
(1) IN GENERAL- To avoid duplicative efforts and funding with respect to Palestinian interests and to ensure balance in the approach to Israeli-Palestinian issues, the Secretary shall, not later than 180 days after the date of the enactment of this Act--CommentsClose CommentsPermalink
(A) complete an audit of the functions of the entities listed in paragraph (2); andCommentsClose CommentsPermalink
(B) submit to the appropriate congressional committees a report containing audit findings and conclusions, and recommendations for the elimination of such duplicative entities and efforts.CommentsClose CommentsPermalink
(2) ENTITIES- The entities referred to in paragraph (1) are the following:CommentsClose CommentsPermalink
(A) The United Nations Division for Palestinian Rights.CommentsClose CommentsPermalink
(B) The Committee on the Exercise of the Inalienable Rights of the Palestinian People.CommentsClose CommentsPermalink
(C) The United Nations Special Coordinator for the Middle East Peace Process and Personal Representative to the Palestine Liberation Organization and the Palestinian Authority.CommentsClose CommentsPermalink
(D) The NGO Network on the Question of Palestine.CommentsClose CommentsPermalink
(E) The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories.CommentsClose CommentsPermalink
(F) Any other entity the Secretary determines results in duplicative efforts or funding or fails to ensure balance in the approach to Israeli-Palestinian issues.CommentsClose CommentsPermalink
(b) Implementation by Permanent Representative-CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to seek the implementation of the recommendations contained in the report required under subsection (a)(1)(B).CommentsClose CommentsPermalink
(2) WITHHOLDING OF FUNDS- Until such recommendations have been implemented, the United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended for such entities.CommentsClose CommentsPermalink
(c) GAO Audit- The Comptroller General of the United States of the Government Accountability Office shall conduct an audit of--CommentsClose CommentsPermalink
(1) the status of the implementation of the recommendations contained in the report required under subsection (a)(1)(B); andCommentsClose CommentsPermalink
(2) United States actions and achievements under subsection (b).CommentsClose CommentsPermalink
SEC. 642. ANTI-SEMITISM AND THE UNITED NATIONS.
The President shall direct the United States permanent representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to make every effort to--CommentsClose CommentsPermalink
(1) ensure the issuance and implementation of a directive by the Secretary General or the Secretariat, as appropriate, that--CommentsClose CommentsPermalink
(A) requires all employees of the United Nations and its specialized agencies to officially and publicly condemn anti-Semitic statements made at any session of the United Nations or its specialized agencies, or at any other session sponsored by the United Nations;CommentsClose CommentsPermalink
(B) requires employees of the United Nations and its specialized agencies, programs, and funds to be subject to punitive action, including immediate dismissal, for making anti-Semitic statements or references;CommentsClose CommentsPermalink
(C) proposes specific recommendations to the General Assembly for the establishment of mechanisms to hold accountable employees and officials of the United Nations and its specialized agencies, programs, and funds, or Member States, that make such anti-Semitic statements or references in any forum of the United Nations or of its specialized agencies;CommentsClose CommentsPermalink
(D) continues to develop and implements education awareness programs about the Holocaust and anti-Semitism throughout the world, as part of an effort to combat intolerance and hatred; andCommentsClose CommentsPermalink
(E) requires the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop programming and other measures that address anti-Semitism;CommentsClose CommentsPermalink
(2) secure the adoption of a resolution by the General Assembly that establishes the mechanisms described in paragraph (1)(C); andCommentsClose CommentsPermalink
(3) continue working toward further reduction of anti-Semitic language and anti-Israel resolutions in the United Nations and its specialized agencies, programs, and funds.CommentsClose CommentsPermalink
SEC. 643. REGIONAL GROUP INCLUSION OF ISRAEL.
The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to expand the Western European and Others Group (WEOG) in the United Nations to include Israel as a permanent member with full rights and privileges.CommentsClose CommentsPermalink
Subtitle D--United Nations Human Rights CouncilCommentsClose CommentsPermalink
Subtitle D--United Nations Human Rights CouncilCommentsClose CommentsPermalink
SEC. 651. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) Since its establishment in 2006, the United Nations Human Rights Council has failed to meaningfully promote the protection of internationally recognized human rights, and has proven to be even more problematic than the United Nations Human Rights Commission that it was created to replace.CommentsClose CommentsPermalink
(2) The United Nations Human Rights Council suffers from significant structural flaws, such as the fact that it draws its members from the General Assembly without any substantive membership criteria, with the perverse result that a number of the world’s worst human rights abusers are members of the council.CommentsClose CommentsPermalink
(3) The structure and composition of the United Nations Human Rights Council have made it subject to gross political manipulation, with the result that, during its two and one-half years of operation, the Council has passed 20 resolutions censuring the democratic state of Israel, as compared to only 4 censuring the dictatorship in Burma, just one censuring the North Korean regime, and none condemning the severe, ongoing human rights abuses in Sudan, China, Cuba, Zimbabwe, Belarus, and elsewhere.CommentsClose CommentsPermalink
SEC. 652. HUMAN RIGHTS COUNCIL MEMBERSHIP AND FUNDING.
(a) In General- For each fiscal year subsequent to the effective date of this Act until the Secretary of State submits to Congress a certification that the requirements described in subsection (b) have been satisfied--CommentsClose CommentsPermalink
(1) the Secretary of State shall withhold from a United States contribution each fiscal year to a regularly assessed biennial budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council;CommentsClose CommentsPermalink
(2) the Secretary of State shall not make a voluntary contribution to the United Nations Human Rights Council; andCommentsClose CommentsPermalink
(3) the United States shall not run for a seat on the United Nations Human Rights Council.CommentsClose CommentsPermalink
(b) Certification- The annual certification referred to in subsection (a) is a certification made by the Secretary to Congress that the United Nations Human Rights Council does not include a Member State--CommentsClose CommentsPermalink
(1) subject to sanctions by the Security Council;CommentsClose CommentsPermalink
(2) under a Security Council-mandated investigation for human rights abuses;CommentsClose CommentsPermalink
(3) subject, within the prior 5 years, to a country-specific resolution passed under Agenda Item 9 by the former United Nations Human Rights Commission;CommentsClose CommentsPermalink
(4) which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism; orCommentsClose CommentsPermalink
(5) which the President has designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act of 1998.CommentsClose CommentsPermalink
Subtitle E--International Atomic Energy AgencyCommentsClose CommentsPermalink
Subtitle E--International Atomic Energy AgencyCommentsClose CommentsPermalink
SEC. 661. INTERNATIONAL ATOMIC ENERGY AGENCY.
(a) Enforcement and Compliance-CommentsClose CommentsPermalink
(1) OFFICE OF COMPLIANCE-CommentsClose CommentsPermalink
(A) ESTABLISHMENT- The President shall direct the United States Permanent Representative to International Atomic Energy Agency (IAEA) to use the voice, vote, and influence of the United States at the IAEA to establish an Office of Compliance in the Secretariat of the IAEA.CommentsClose CommentsPermalink
(B) OPERATION- The Office of Compliance shall--CommentsClose CommentsPermalink
(i) function as an independent body composed of technical experts who shall work in consultation with IAEA inspectors to assess compliance by IAEA Member States and provide recommendations to the IAEA Board of Governors concerning penalties to be imposed on IAEA Member States that fail to fulfill their obligations under IAEA Board resolutions;CommentsClose CommentsPermalink
(ii) base its assessments and recommendations on IAEA inspection reports; andCommentsClose CommentsPermalink
(iii) take into consideration information provided by IAEA Board Members that are 1 of the 5 nuclear weapons states as recognized by the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) (commonly referred to as the ‘Nuclear Nonproliferation Treaty’ or the ‘NPT’).CommentsClose CommentsPermalink
(C) STAFFING- The Office of Compliance shall be staffed from existing personnel in the Department of Safeguards of the IAEA or the Department of Nuclear Safety and Security of the IAEA.CommentsClose CommentsPermalink
(2) COMMITTEE ON SAFEGUARDS AND VERIFICATION- The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that the Committee on Safeguards and Verification established in 2005 shall develop and seek to put into force a workplan of concrete measures that will--CommentsClose CommentsPermalink
(A) improve the ability of the IAEA to monitor and enforce compliance by Member States of the IAEA with the Nuclear Nonproliferation Treaty and the Statute of the International Atomic Energy Agency; andCommentsClose CommentsPermalink
(B) enhance the ability of the IAEA, beyond the verification mechanisms and authorities contained in the Additional Protocol to the Safeguards Agreements between the IAEA and Member States of the IAEA, to detect with a high degree of confidence undeclared nuclear activities by a Member State.CommentsClose CommentsPermalink
(3) PENALTIES WITH RESPECT TO THE IAEA-CommentsClose CommentsPermalink
(A) IN GENERAL- The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations has its privileges suspended, including--CommentsClose CommentsPermalink
(i) limiting its ability to vote on its case;CommentsClose CommentsPermalink
(ii) being prevented from receiving any technical assistance; andCommentsClose CommentsPermalink
(iii) being prevented from hosting meetings.CommentsClose CommentsPermalink
(B) TERMINATION OF PENALTIES- The penalties specified under subparagraph (A) shall be terminated when such investigation is concluded and such Member State is no longer in such breach or noncompliance.CommentsClose CommentsPermalink
(4) PENALTIES WITH RESPECT TO THE NUCLEAR NONPROLIFERATION TREATY- The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is found to be in breach of, in noncompliance with, or has withdrawn from the Nuclear Nonproliferation Treaty shall return to the IAEA all nuclear materials and technology received from the IAEA, any Member State of the IAEA, or any Member State of the Nuclear Nonproliferation Treaty.CommentsClose CommentsPermalink
(b) United States Contributions-CommentsClose CommentsPermalink
(1) VOLUNTARY CONTRIBUTIONS- Voluntary contributions of the United States to the IAEA should primarily be used to fund activities relating to Nuclear Safety and Security or activities relating to Nuclear Verification.CommentsClose CommentsPermalink
(2) LIMITATION ON USE OF FUNDS- The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to--CommentsClose CommentsPermalink
(A) ensure that funds for safeguards inspections are prioritized for countries that have newly established nuclear programs or are initiating nuclear programs; andCommentsClose CommentsPermalink
(B) block the allocation of funds for any other IAEA development, environmental, or nuclear science assistance or activity to a country--CommentsClose CommentsPermalink
(i) the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism and the government of which the Secretary has determined has not dismantled and surrendered its weapons of mass destruction programs under international verification;CommentsClose CommentsPermalink
(ii) that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; orCommentsClose CommentsPermalink
(iii) that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations.CommentsClose CommentsPermalink
(3) DETAIL OF EXPENDITURES- The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to secure, as part of the regular budget presentation of the IAEA to Member States of the IAEA, a detailed breakdown by country of expenditures of the IAEA for safeguards inspections and nuclear security activities.CommentsClose CommentsPermalink
(c) Membership-CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the membership on the Board of Governors of the IAEA for a Member State of the IAEA that has not signed and ratified the Additional Protocol and--CommentsClose CommentsPermalink
(A) is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; orCommentsClose CommentsPermalink
(B) that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations.CommentsClose CommentsPermalink
(2) CRITERIA- The United States Permanent Representative to the IAEA shall make every effort to modify the criteria for Board membership to reflect the principles described in paragraph (1).CommentsClose CommentsPermalink
(d) Small Quantities Protocol- The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure that the IAEA changes the policy regarding the Small Quantities Protocol in order to--CommentsClose CommentsPermalink
(1) rescind and eliminate the Small Quantities Protocol;CommentsClose CommentsPermalink
(2) require that any IAEA Member State that has previously signed a Small Quantities Protocol to sign, ratify, and implement the Additional Protocol, provide immediate access for IAEA inspectors to its nuclear-related facilities, and agree to the strongest inspections regime of its nuclear efforts; andCommentsClose CommentsPermalink
(3) require that any IAEA Member State that does not comply with paragraph (2) to be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State and subject to the penalties described in subsection (a)(3).CommentsClose CommentsPermalink
(e) Nuclear Program of Iran-CommentsClose CommentsPermalink
(1) UNITED STATES ACTION- The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure the adoption of a resolution by the IAEA Board of Governors that, in addition to the restrictions already imposed, makes Iran ineligible to receive any nuclear material, technology, equipment, or assistance from any IAEA Member State and ineligible for any IAEA assistance not related to safeguards inspections or nuclear security until the IAEA Board of Governors determines that Iran--CommentsClose CommentsPermalink
(A) is providing full access to IAEA inspectors to its nuclear-related facilities;CommentsClose CommentsPermalink
(B) has fully implemented and is in compliance with the Additional Protocol; andCommentsClose CommentsPermalink
(C) has permanently ceased and dismantled all activities and programs related to nuclear-enrichment and reprocessing.CommentsClose CommentsPermalink
(2) PENALTIES- If an IAEA Member State is determined to have violated the prohibition on assistance to Iran described in paragraph (1) before the IAEA Board of Governors determines that Iran has satisfied the conditions described in subparagraphs (A) through (C) of such paragraph, such Member State shall be subject to the penalties described in subsection (a)(3), shall be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State, and shall be ineligible to receive any IAEA assistance not related to safeguards inspections or nuclear security until such time as the IAEA Board of Governors makes such determination with respect to Iran.CommentsClose CommentsPermalink
(f) Report- Not later than 6 months after the date of the enactment of this Act and annually for 2 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section.CommentsClose CommentsPermalink
SEC. 662. SENSE OF CONGRESS REGARDING THE NUCLEAR SECURITY ACTION PLAN OF THE IAEA.
It is the sense of Congress that the national security interests of the United States are enhanced by the Nuclear Security Action Plan of the IAEA and the Board of Governors should recommend, and the General Conference should adopt, a resolution incorporating the Nuclear Security Action Plan into the regular budget of the IAEA.CommentsClose CommentsPermalink
Subtitle F--PeacekeepingCommentsClose CommentsPermalink
Subtitle F--PeacekeepingCommentsClose CommentsPermalink
SEC. 671. REFORM OF UNITED NATIONS PEACEKEEPING OPERATIONS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) although United Nations peacekeeping operations have contributed greatly toward the promotion of peace and stability for nearly 6 decades and the majority of peacekeeping personnel who have served under the United Nations flag have done so with honor and courage, the record of United Nations peacekeeping has been severely tarnished by operational failures and unconscionable acts of misconduct;CommentsClose CommentsPermalink
(2) in response to such failures, in 2000 and 2005, respectively, the Secretary General charged the high-level Panel on United Nations Peace Operations, led by former Foreign Minister of Algeria Lakhdar Brahimi, and his Special Advisor on the Prevention of Sexual Exploitation and Abuse, His Royal Highness Prince Zeid Ra’ad Zeid Al-Hussein of Jordan, to provide honest assessments of the United Nations’ shortcomings and make recommendations that would help restore the confidence of the international community in United Nations peacekeeping operations;CommentsClose CommentsPermalink
(3) audits of procurement practices in the Department of Peacekeeping Operations, conducted by the Office of Internal Oversight Services, also have uncovered ‘significant’ corruption schemes, including a 2007 audit of peacekeeping contracts valued at $1.4 billion, of which more than $614 million, or 44 percent, were subject to corruption;CommentsClose CommentsPermalink
(4) despite the fact that the United Nations has had more than eight years to implement the reforms contained in the Brahimi Report, nearly four years to implement the reforms in the Zeid Report, and the fact that Secretary General Ban Ki-Moon, his predecessor Kofi Annan, and the Special Committee on Peacekeeping Operations repeatedly have expressed their commitment ‘to implementing fundamental, systematic changes as a matter of urgency’, a number of critical reforms continue to be blocked or delayed by Members States who arguably benefit from maintenance of the status quo; andCommentsClose CommentsPermalink
(5) if the reputation of and confidence in United Nations peacekeeping operations is to be restored, fundamental and far-reaching reforms, particularly in the areas of planning, management, procurement, training, conduct, and discipline, must be implemented without further delay.CommentsClose CommentsPermalink
SEC. 672. POLICY RELATING TO REFORM OF UNITED NATIONS PEACEKEEPING OPERATIONS.
It shall be the policy of the United States to pursue reform of United Nations peacekeeping operations in the following areas:CommentsClose CommentsPermalink
(1) PLANNING AND MANAGEMENT-CommentsClose CommentsPermalink
(A) GLOBAL AUDIT- As the size, cost, and number of United Nations peacekeeping operations have increased substantially over the past decade, an independent audit of each such operation, with a view toward ‘right-sizing’ operations and ensuring that such operations are cost effective, should be conducted and its findings reported to the Security Council.CommentsClose CommentsPermalink
(B) PROCUREMENT AND TRANSPARENCY- A modern logistics system and transparent, streamlined procurement procedures should be established within the United Nations Department of Field Support to ensure that all peacekeeping missions are resourced appropriately and in a timely fashion while individual accountability for waste, fraud and abuse within United Nations peacekeeping missions is established and uniformly enforced.CommentsClose CommentsPermalink
(C) REVIEW OF MANDATES AND CLOSING OPERATIONS- In conjunction with the audit described in subparagraph (A), the United Nations Department of Peacekeeping Operations should conduct a comprehensive review of all United Nations peacekeeping operation mandates, with a view toward identifying objectives that are practical and achievable, and report its findings to the Security Council. In particular, the review should consider the following:CommentsClose CommentsPermalink
(i) Except in extraordinary cases, including genocide, the United Nations Department of Peacekeeping Operations should not be tasked with activities that are impractical or unachievable without the cooperation of the Member State(s) hosting a United Nations peacekeeping operation, or which amount to de-facto Trusteeship outside of the procedures established for such under chapter XII of the United Nations Charter, thereby creating unrealistic expectations and obfuscating the primary responsibility of the Member States themselves in creating and maintaining conditions for peace.CommentsClose CommentsPermalink
(ii) Long-standing operations that are static and cannot fulfill their mandate should be downsized or closed.CommentsClose CommentsPermalink
(iii) Where there is legitimate concern that the withdrawal from a country of an otherwise static United Nations peacekeeping operation would result in the resumption of major conflict, a burden-sharing arrangement that reduces the level of assessed contributions, similar to that currently supporting the United Nations Peacekeeping Force in Cyprus, should be explored and instituted.CommentsClose CommentsPermalink
(D) LEADERSHIP- As peacekeeping operations become larger and increasingly complex, the Secretariat should adopt a minimum standard of qualifications for senior leaders and managers, with particular emphasis on specific skills and experience, and current senior leaders and managers who do not meet those standards should be removed.CommentsClose CommentsPermalink
(E) PRE-DEPLOYMENT TRAINING- Pre-deployment training on interpretation of the mandate of the operation, specifically in the areas of use of force, civilian protection and field conditions, the Code of Conduct, HIV/AIDS, and human rights should be mandatory, and all personnel, regardless of category or rank, should be required to sign an oath that each has received and understands such training as a condition of participation in the operation.CommentsClose CommentsPermalink
(F) GRATIS MILITARY PERSONNEL- The General Assembly should seek to strengthen the capacity the United Nations Department of Peacekeeping Operations and ease the extraordinary burden currently placed upon the limited number of headquarters staff by lifting restrictions on the utilization of gratis military personnel by the Department so that the Department may accept secondments from Member States of military personnel with expertise in mission planning, logistics, and other operational specialties.CommentsClose CommentsPermalink
(2) CONDUCT AND DISCIPLINE-CommentsClose CommentsPermalink
(A) ADOPTION OF A UNIFORM CODE OF CONDUCT- A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, including military personnel, should be adopted and incorporated into legal documents governing participation in such an operation, including all contracts and Memorandums of Understanding, promulgated and effectively enforced.CommentsClose CommentsPermalink
(B) UNDERSTANDING THE CODE OF CONDUCT- All personnel, regardless of category or rank, should receive training on the Code of Conduct prior to deployment with a peacekeeping operation, in addition to periodic follow-on training. In particular--CommentsClose CommentsPermalink
(i) all personnel, regardless of category or rank, should be provided with a personal copy of the Code of Conduct that has been translated into the national language of such personnel, regardless of whether such language is an official language of the United Nations;CommentsClose CommentsPermalink
(ii) all personnel, regardless of category or rank, should sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code of Conduct, and that each understands the consequences of violating the Code of Conduct, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations , as well as the assumption of personal liability for victims compensation, as a condition of appointment to any such operation; andCommentsClose CommentsPermalink
(iii) peacekeeping operations should conduct educational outreach programs to reach local communities where peacekeeping personnel of such operations are based, including explaining prohibited acts on the part of United Nations peacekeeping personnel and identifying the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct.CommentsClose CommentsPermalink
(C) MONITORING MECHANISMS- Dedicated monitoring mechanisms, such as the Conduct and Discipline Units already deployed to support United Nations peacekeeping operations in Haiti, Sudan, Kosovo, Burundi, Liberia, Lebanon, Timor Leste, Cote d’Ivoire, Western Sahara, and the Democratic Republic of Congo, should be present in each operation to monitor compliance with the Code of Conduct, and--CommentsClose CommentsPermalink
(i) should report simultaneously to the Head of Mission, the United Nations Department of Peacekeeping Operations, and the Associate Director of OIOS for Peacekeeping Operations (established under section 1114(b)(9)); andCommentsClose CommentsPermalink
(ii) should be tasked with designing and implementing mission-specific measures to prevent misconduct, conduct follow-on training for personnel, coordinate community outreach programs, and assist in investigations, as OIOS determines necessary and appropriate.CommentsClose CommentsPermalink
(D) INVESTIGATIONS- A permanent, professional, and independent investigative body should be established and introduced into United Nations peacekeeping operations. In particular--CommentsClose CommentsPermalink
(i) the investigative body should include professionals with experience in investigating sex crimes and the illegal exploitation of resources, as appropriate, as well as experts who can provide guidance on standards of proof and evidentiary requirements necessary for any subsequent legal action;CommentsClose CommentsPermalink
(ii) provisions should be included in all Memorandums of Understanding, including a Model Memorandum of Understanding, that obligate Member States that contribute troops to a peacekeeping operation to designate a military prosecutor who will participate in any investigation into credible allegations of misconduct brought against an individual of such Member State, so that evidence is collected and preserved in a manner consistent with the military law of such Member State;CommentsClose CommentsPermalink
(iii) the investigative body should be regionally based to ensure rapid deployment and should be equipped with modern forensics equipment for the purpose of positively identifying perpetrators and, where necessary, for determining paternity; andCommentsClose CommentsPermalink
(iv) the investigative body should report directly to the Associate Director of OIOS for Peacekeeping Operations, while providing copies of any reports to the Department of Peacekeeping Operations, the Head of Mission, and the Member State concerned.CommentsClose CommentsPermalink
(E) FOLLOW-UP- The Conduct and Discipline Team in the headquarters of the United Nations Department of Peacekeeping Operations should be appropriately staffed, resourced, and tasked with--CommentsClose CommentsPermalink
(i) promulgating measures to prevent misconduct;CommentsClose CommentsPermalink
(ii) receiving reports by field personnel and coordinating the Department’s response to allegations of misconduct;CommentsClose CommentsPermalink
(iii) gathering follow-up information on completed investigations, particularly by focusing on disciplinary actions against the individual concerned taken by the United Nations or by the Member State that is contributing troops to which such individual belongs, and sharing such information with the Security Council, the Head of Mission, and the community hosting the peacekeeping operation; andCommentsClose CommentsPermalink
(iv) contributing pertinent data on conduct and discipline to the data base required pursuant to subparagraph (H).CommentsClose CommentsPermalink
(F) FINANCIAL LIABILITY AND VICTIMS ASSISTANCE- Although peacekeeping operations should provide immediate medical assistance to victims of sexual abuse or exploitation, the responsibility for providing longer-term treatment, care, or restitution lies solely with the individual found guilty of the misconduct. In particular, the following reforms should be implemented:CommentsClose CommentsPermalink
(i) The United Nations should not assume responsibility for providing long-term treatment or compensation by creating a ‘Victims Trust Fund’, or any other such similar fund, financed through assessed contributions to United Nations peacekeeping operations, thereby shielding individuals from personal liability and reinforcing an atmosphere of impunity.CommentsClose CommentsPermalink
(ii) If an individual responsible for misconduct has been repatriated, reassigned, redeployed, or is otherwise unable to provide assistance, responsibility for providing assistance to a victim should be assigned to the Member State that contributed the contingent to which such individual belonged or to the manager concerned.CommentsClose CommentsPermalink
(iii) In the case of misconduct by a member of a military contingent, appropriate funds shall be withheld from the troop contributing country concerned.CommentsClose CommentsPermalink
(iv) In the case of misconduct by a civilian employee or contractor of the United Nations, appropriate wages shall be garnished from such individual or fines shall be imposed against such individual, consistent with existing United Nations Staff Rules, and retirement funds shall not be shielded from liability.CommentsClose CommentsPermalink
(G) MANAGERS AND COMMANDERS- The manner in which managers and commanders handle cases of misconduct by those serving under them should be included in their individual performance evaluations, so that managers and commanders who take decisive action to deter and address misconduct are rewarded, while those who create a permissive environment or impede investigations are penalized or relieved of duty, as appropriate.CommentsClose CommentsPermalink
(H) DATA BASE- A centralized data base, including personnel photos and fingerprints, should be created and maintained within the United Nations Department of Peacekeeping Operations, the Office of Field Support, and other relevant United Nations bodies without further delay to track cases of misconduct, including the outcome of investigations and subsequent prosecutions, to ensure that personnel who have engaged in misconduct or other criminal activities, regardless of category or rank, are permanently barred from participation in future peacekeeping operations.CommentsClose CommentsPermalink
(I) COOPERATION OF MEMBER STATES- If a Member State routinely refuses to cooperate with the directives contained herein or acts to shield its nationals from personal liability, that Member State should be barred from contributing troops or personnel to future peacekeeping operations.CommentsClose CommentsPermalink
(J) WELFARE- Peacekeeping operations should continue to seek to maintain a minimum standard of welfare for mission personnel to ameliorate conditions of service, while adjustments are made to the discretionary welfare payments currently provided to Member States that contribute troops to offset the cost of operation-provided recreational facilities, as necessary and appropriate.CommentsClose CommentsPermalink
SEC. 673. CERTIFICATION.
(a) New or Expanded Peacekeeping Operations Contingent Upon Presidential Certification of Peacekeeping Operations Reforms-CommentsClose CommentsPermalink
(1) NO NEW OR EXPANDED PEACEKEEPING OPERATIONS-CommentsClose CommentsPermalink
(A) CERTIFICATION- Except as provided in subparagraph (B), until the Secretary of State certifies that the requirements described in paragraph (2) have been satisfied, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to oppose the creation of new, or expansion of existing, United Nations peacekeeping operations.CommentsClose CommentsPermalink
(B) EXCEPTION AND NOTIFICATION- The requirements described under paragraph (2) may be waived with respect to a particular peacekeeping operation if the President determines that failure to deploy new or additional peacekeepers in such situation will significantly contribute to the widespread loss of human life, genocide, or the endangerment of a vital national security interest of the United States. If the President makes such a determination, the President shall, not later than 15 days before the exercise of such waiver, notify the appropriate congressional committees of such determination and resulting waiver.CommentsClose CommentsPermalink
(2) CERTIFICATION OF PEACEKEEPING OPERATIONS REFORMS- The certification referred to in paragraph (1) is a certification made by the Secretary to the appropriate congressional committees that the following reforms, or an equivalent set of reforms, related to peacekeeping operations have been adopted by the United Nations Department of Peacekeeping Operations or the General Assembly, as appropriate:CommentsClose CommentsPermalink
(A) A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, has been adopted by the General Assembly and duly incorporated into all contracts and a Model Memorandum of Understanding, and mechanisms have been established for training such personnel concerning the requirements of the Code and enforcement of the Code.CommentsClose CommentsPermalink
(B) All personnel, regardless of category or rank, serving in a peacekeeping operation have been trained concerning the requirements of the Code of Conduct and each has been given a personal copy of the Code, translated into the national language of such personnel.CommentsClose CommentsPermalink
(C) All personnel, regardless of category or rank, are required to sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code, and that each understands the consequences of violating the Code, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations, as well as the assumption of personal liability for victims compensation as a condition of the appointment to such operation.CommentsClose CommentsPermalink
(D) All peacekeeping operations have designed and implemented educational outreach programs to reach local communities where peacekeeping personnel of such operations are based to explain prohibited acts on the part of United Nations peacekeeping personnel and to identify the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct.CommentsClose CommentsPermalink
(E) The creation of a centralized data base, including personnel photos and fingerprints, has been completed and is being maintained in the United Nations Department of Peacekeeping Operations that tracks cases of misconduct, including the outcomes of investigations and subsequent prosecutions, to ensure that personnel, regardless of category or rank, who have engaged in misconduct or other criminal activities are permanently barred from participation in future peacekeeping operations.CommentsClose CommentsPermalink
(F) A Model Memorandum of Understanding between the United Nations and each Member State that contributes troops to a peacekeeping operation has been adopted by the United Nations Department of Peacekeeping Operations that specifically obligates each such Member State to--CommentsClose CommentsPermalink
(i) uphold the uniform Code of Conduct which shall apply equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank;CommentsClose CommentsPermalink
(ii) designate a competent legal authority, preferably a prosecutor with expertise in the area of sexual exploitation and abuse where appropriate, to participate in any investigation into an allegation of misconduct brought against an individual of such Member State;CommentsClose CommentsPermalink
(iii) refer to its competent national or military authority for possible prosecution, if warranted, any investigation of a violation of the Code of Conduct or other criminal activity by an individual of such Member State;CommentsClose CommentsPermalink
(iv) report to the Department of Peacekeeping Operations on the outcome of any such investigation;CommentsClose CommentsPermalink
(v) undertake to conduct on-site court martial proceedings, where practical and appropriate, relating to allegations of misconduct alleged against an individual of such Member State; andCommentsClose CommentsPermalink
(vi) assume responsibility for the provision of appropriate assistance to a victim of misconduct committed by an individual of such Member State.CommentsClose CommentsPermalink
(G) A professional and independent investigative and audit function has been established within the United Nations Department of Peacekeeping Operations and the OIOS to monitor United Nations peacekeeping operations.CommentsClose CommentsPermalink
TITLE VII--WESTERN HEMISPHERE COUNTERTERRORISM AND NONPROLIFERATION ACT OF 2009CommentsClose CommentsPermalink
TITLE VII--WESTERN HEMISPHERE COUNTERTERRORISM AND NONPROLIFERATION ACT OF 2009CommentsClose CommentsPermalink
SEC. 701. SHORT TITLE; DEFINITIONS.
(a) Short Title- This title may be cited as the ‘Western Hemisphere Counterterrorism and Nonproliferation Act of 2009’.CommentsClose CommentsPermalink
(b) Definitions- In this title:CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Foreign Affairs and the Committee on Homeland Security of the House of Representatives; andCommentsClose CommentsPermalink
(B) the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.CommentsClose CommentsPermalink
(2) NONHUMANITARIAN ASSISTANCE- The term ‘nonhumanitarian assistance’ means--CommentsClose CommentsPermalink
(A) any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of such Act, relating to the Overseas Private Investment Corporation), other than--CommentsClose CommentsPermalink
(i) disaster relief assistance, including any assistance under chapter 9 of part I of such Act;CommentsClose CommentsPermalink
(ii) assistance which involves the provision of food (including monetization of food) or medicine; andCommentsClose CommentsPermalink
(iii) assistance for refugees;CommentsClose CommentsPermalink
(B) sales, or financing on any terms, under the Arms Export Control Act; andCommentsClose CommentsPermalink
(C) financing under the Export-Import Bank Act of 1945.CommentsClose CommentsPermalink
(3) STATE SPONSOR OF TERRORISM- The term ‘state sponsor of terrorism’ means a country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism.CommentsClose CommentsPermalink
Subtitle A--Counterterrorism in the Western HemisphereCommentsClose CommentsPermalink
Subtitle A--Counterterrorism in the Western HemisphereCommentsClose CommentsPermalink
SEC. 711. STATEMENT OF POLICY REGARDING REGIONAL EFFORTS TO COUNTER TERRORISM IN THE WESTERN HEMISPHERE.
To enhance the security of the Western Hemisphere and bolster regional capacity to counter terrorism, it shall be the policy of the United States to promote the signing, ratification, and implementation by all countries in the Western Hemisphere of the following:CommentsClose CommentsPermalink
(1) OAS AG/RES. 1840 (XXXII-O/02) Inter-American Convention Against Terrorism.CommentsClose CommentsPermalink
(2) Financial Action Task Force (FATF) 40 Recommendations on Money Laundering (ML) and 9 Special Recommendations (SR) on Terrorist Financing (TF).CommentsClose CommentsPermalink
(3) The 1963 ICAO Convention on Offences and Certain Other Acts Committed on Board Aircraft.CommentsClose CommentsPermalink
(4) The 1970 ICAO Convention for the Suppression of Unlawful Seizure of Aircraft.CommentsClose CommentsPermalink
(5) The 1971 ICAO Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.CommentsClose CommentsPermalink
(6) The 1973 United Nations Convention on the Prevention and Punishment of Crimes Against Internationally Protected Person, including Diplomatic Agents.CommentsClose CommentsPermalink
(7) The 1979 United Nations International Convention Against the Taking of Hostages.CommentsClose CommentsPermalink
(8) The 1988 ICAO Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.CommentsClose CommentsPermalink
(9) The 1988 IMO Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.CommentsClose CommentsPermalink
(10) The 1988 IMO Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf.CommentsClose CommentsPermalink
(11) The 1991 ICAO Convention on the Marking of Plastic Explosives for the Purpose of Detection.CommentsClose CommentsPermalink
(12) The 1997 United Nations International Convention for the Suppression of Terrorist Bombings.CommentsClose CommentsPermalink
(13) The 1999 United Nations International Convention for the Suppression of the Financing of Terrorism.CommentsClose CommentsPermalink
(14) The 2001 United Nations S/Res/1373 Creation of Counter Terrorism Committee (CTC).CommentsClose CommentsPermalink
(15) The 2005 United Nations S/Res/1624 Prohibition of incitement to commit terrorist act or acts.CommentsClose CommentsPermalink
SEC. 712. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON TERRORISM.
Section 140(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (
(1) in paragraph (4)(D), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (5), by striking the period at the end and inserting ‘; and’;CommentsClose CommentsPermalink
(3) by redesignating the second paragraph (3) and the second paragraph (4) as paragraphs (6) and (7), respectively;CommentsClose CommentsPermalink
(4) in paragraph (6), as so redesignated, by striking ‘and’ at the end;CommentsClose CommentsPermalink
(5) in paragraph (7), as so redesignated, by striking the period at the end; andCommentsClose CommentsPermalink
(6) by adding after such paragraph (7) the following new paragraphs:CommentsClose CommentsPermalink
‘(8) a comprehensive assessment of all United States assistance available to combat terrorism in each country that is a subject of such report; andCommentsClose CommentsPermalink
‘(9) with respect to countries in the Western Hemisphere that are the subjects of such report, the level in each such country of threat posed by radical Islamist terrorism.’.CommentsClose CommentsPermalink
SEC. 713. AMENDMENTS TO ANNUAL DETERMINATION PROCEDURES.
Section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (
(1) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (A)(ii); by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) by redesignating subparagraph (B) as subparagraph (C);CommentsClose CommentsPermalink
(C) by inserting after subparagraph (A) the following new subparagraph:CommentsClose CommentsPermalink
‘(B) designate each country, if any, identified in such report in which a link has been determined to exist between illicit drug trafficking and a designated foreign terrorist organization and that has failed demonstrably, during the previous 12 months, to make substantial efforts--CommentsClose CommentsPermalink
‘(i) to adhere to its obligations under international counterterrorism agreements; and