,i #aacth ,,congress #ast ,session ,h4 ,r4 #agic ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjac ,mr4 ,connolly 7for himself1 ,ms4 ,bass1 and ,mr4 ,blumenauer7 introduced the following bill2 which was referred to the ,committee on ,foreign ,affairs1 and in addition to the ,committees on ,oversight and ,government ,reform1 ,rules1 and ,ways and ,means1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish a framework for effective1 transparent1 and accountable ,united ,states foreign assistance1 and for other purposes4 #a4 ,short title and table of contents 7a7 ,short title ,this ,act may be cited as the ,global ,partnerships ,act of #bjac4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title and table of contents4 ,sec4 #b4 ,findings4 ,sec4 #c4 ,statement of policy4 ,sec4 #d4 ,principles of assistance4 ,sec4 #e4 ,purposes of assistance4 ,sec4 #f4 ,definitions4 ,title ,i--,reducing global poverty and alleviating human suffering ,sec4 #ajja4 ,findings4 ,sec4 #ajjb4 ,statement of policy4 ,sec4 #ajjc4 ,encouragement of ,united ,states private and voluntary cooperation4 ,sec4 #ajjd4 ,encouragement of ,united ,states business participation4 ,sec4 #ajje4 ,development partnerships fellows program4 ,subtitle ,a--,reducing global poverty ,sec4 #ajaa4 ,findings4 ,sec4 #ajab4 ,statement of policy4 ,sec4 #ajac4 ,principles of assistance4 ,sec4 #ajad4 ,goals of assistance4 ,sec4 #ajae4 ,development ,support ,funds4 ,sec4 #ajaf4 ,innovation ,fund4 ,sec4 #ajag4 ,united ,states ,strategy for ,global ,development4 ,sec4 #ajah4 ,country ,development ,cooperation ,strategies4 ,sec4 #ajai4 ,sector strategies for development4 ,sec4 #ajbj4 ,interagency ,policy ,committee on ,global ,development4 ,sec4 #ajba4 ,global ,development ,council4 ,sec4 #ajbb4 ,development education4 ,sec4 #ajbc4 ,definitions4 ,chapter #a--;,accelerating ,economic ,growth ,sec4 #aaja4 ,findings and statement of policy4 ,sec4 #aajb4 ,goal and objectives4 ,sec4 #aajc4 ,global ,strategy for ,economic ,growth4 ,sec4 #aajd4 ,assistance for economic growth4 ,sec4 #aaje4 ,fiscal and contract transparency4 ,subchapter ,a--,microenterprise development assistance ,sec4 #aaaa4 ,findings and statement of policy4 ,sec4 #aaab4 ,microenterprise ,fund4 ,sec4 #aaac4 ,office of ,microenterprise ,development4 ,sec4 #aaad4 ,definitions4 ,subchapter ,b--,small and medium enterprise development ,sec4 #aaba4 ,findings and statement of policy4 ,sec4 #aabb4 ,assistance for small and medium enterprises4 ,sec4 #aabc4 ,definition4 ,subchapter ,c--,other programs ,sec4 #aaca4 ,development credit authority4 ,sec4 #aacb4 ,technical assistance for financial management4 ,chapter #b--,promoting food security ,sec4 #abja4 ,findings and statement of policy4 ,sec4 #abjb4 ,goal and objectives4 ,sec4 #abjc4 ,global ,strategy for ,food ,security4 ,sec4 #abjd4 ,assistance for promoting food security4 ,sec4 #abje4 ,collaborative agricultural and nutrition research and innovation4 ,sec4 #abjf4 ,board for ,international ,food and ,agricultural ,development4 ,sec4 #abjg4 ,assistance to international and regional organizations4 ,sec4 #abjh4 ,definitions4 ,chapter #c--;,advancing health ,sec4 #acja4 ,findings and statement of policy4 ,sec4 #acjb4 ,goal and objectives4 ,sec4 #acjc4 ,global health strategy4 ,sec4 #acjd4 ,assistance for health4 ,sec4 #acje4 ,health principles and restrictions4 ,subchapter ,a--,child survival and maternal health ,sec4 #acaa4 ,child survival4 ,sec4 #acab4 ,maternal and newborn health4 ,sec4 #acac4 ,assistance for orphans and other vulnerable children4 ,subchapter ,b--,combating disease ,sec4 #acba4 ,assistance to combat ,,hiv_/,,aids1 tuberculosis1 and malaria4 ,sec4 #acbb4 ,assistance to combat neglected tropical diseases4 ,sec4 #acbc4 ,assistance for disease prevention1 control1 and treatment4 ,subchapter ,c--,family planning and reproductive health ,sec4 #acca4 ,assistance for family planning and reproductive health4 ,sec4 #accb4 ,reproductive health care in emergencies4 ,chapter #d--;,expanding quality education ,sec4 #adja4 ,findings and statement of policy4 ,sec4 #adjb4 ,goal and objectives4 ,sec4 #adjc4 ,global education strategy4 ,sec4 #adjd4 ,basic education assistance4 ,sec4 #adje4 ,higher education partnerships4 ,chapter #e--,protecting and restoring the natural environment ,sec4 #aeja4 ,findings and statement of policy4 ,sec4 #aejb4 ,goal and objectives4 ,sec4 #aejc4 ,global conservation strategy4 ,sec4 #aejd4 ,assistance for environmental sustainability4 ,sec4 #aeje4 ,assistance for sustainable energy and natural resource management4 ,sec4 #aejf4 ,environmental restrictions4 ,sec4 #aejg4 ,environmental impact statements and assessments4 ,sec4 #aejh4 ,definitions4 ,chapter #f--;,improving access to safe water1 sanitation1 and housing ,sec4 #afja4 ,findings and statement of policy4 ,sec4 #afjb4 ,goal and objectives4 ,sec4 #afjc4 ,global strategy for water1 sanitation and housing4 ,sec4 #afjd4 ,assistance for water1 sanitation and housing4 ,sec4 #afje4 ,definitions4 ,chapter #g--;,fostering gender equality ,sec4 #agja4 ,findings and statement of policy4 ,sec4 #agjb4 ,goal and objectives4 ,sec4 #agjc4 ,global strategy for gender equality4 ,sec4 #agjd4 ,assistance for gender equality4 ,sec4 #agje4 ,office of ,gender ,equality and ,women's ,empowerment4 ,sec4 #agjf4 ,prevention of child marriage4 ,sec4 #agjg4 ,coordination of efforts to prevent child marriage4 ,sec4 #agjh4 ,definitions4 ,chapter #h--,strengthening democratic governance ,sec4 #ahja4 ,findings and statement of policy4 ,sec4 #ahjb4 ,goal and objectives4 ,sec4 #ahjc4 ,assistance for democratic strengthening4 ,sec4 #ahjd4 ,advisory ,committee on ,democracy ,promotion4 ,sec4 #ahje4 ,foreign government approval and conditionality4 ,sec4 #ahjf4 ,relationship to other laws4 ,sec4 #ahjg4 ,prohibiting assistance to influence the outcome of elections4 ,sec4 #ahjh4 ,protected speech4 ,subtitle ,b--,alleviating human suffering ,sec4 #aija4 ,findings and statement of policy4 ,sec4 #aijb4 ,goal and objectives4 ,sec4 #aijc4 ,humanitarian principles4 ,sec4 #aijd4 ,international disaster assistance4 ,sec4 #aije4 ,emergency ,humanitarian ,response ,fund4 ,sec4 #aijf4 ,definitions4 ,title ,,ii--,advancing ,peace and ,mitigating ,conflict ,sec4 #bjja4 ,findings and statement of policy4 ,sec4 #bjjb4 ,definition4 ,subtitle ,a--,general ,authorities ,sec4 #bjaa4 ,peacekeeping4 ,sec4 #bjab4 ,transition initiatives4 ,sec4 #bjac4 ,limit on payment to ,united ,nations and affiliated agencies4 ,sec4 #bjad4 ,complex ,crisis1 ,stabilization1 and ,prevention ,fund4 ,sec4 #bjae4 ,addressing violence against women and girls in humanitarian relief1 peacekeeping1 conflict1 and post-conflict settings4 ,sec4 #bjaf4 ,demining activities4 ,sec4 #bjag4 ,disarmament1 demobilization1 reintegration1 and rehabilitation activities4 ,subtitle ,b--,strategies1 ,assessments1 and ,reports ,sec4 #bjba4 ,regional conflict risk assessment and conflict mitigation strategy4 ,sec4 #bjbb4 ,data on costs incurred in support of ,united ,nations peacekeeping operations4 ,sec4 #bjbc4 ,peace on ,cyprus and in the ,eastern ,mediterranean4 ,subtitle ,c--,organizations and ,personnel ,sec4 #bjca4 ,atrocities ,prevention ,board4 ,sec4 #bjcb4 ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights4 ,sec4 #bjcc4 ,conflict and stabilization operations4 ,sec4 #bjcd4 ,danger pay4 ,sec4 #bjce4 ,stability policing coordinator4 ,sec4 #bjcf4 ,training in conflict management and mitigation4 ,title ,,iii--,supporting human rights and democracy ,subtitle ,a--,general provisions ,sec4 #caja4 ,findings and statement of policy4 ,sec4 #cajb4 ,country reports on human rights practices4 ,sec4 #cajc4 ,action plans for human rights and democracy4 ,sec4 #cajd4 ,human ,rights and ,democracy ,fund4 ,sec4 #caje4 ,role of ,bureau of ,democracy1 ,human ,rights1 and ,labor4 ,sec4 #cajf4 ,discrimination related to sexual orientation4 ,sec4 #cajg4 ,personnel awards and incentives4 ,subtitle ,b--,international violence against women and girls ,sec4 #cbja4 ,statement of policy4 ,sec4 #cbjb4 ,duties of the ,secretary of ,state4 ,sec4 #cbjc4 ,comprehensive international strategy to prevent and respond to violence against women and girls4 ,sec4 #cbjd4 ,assistance to prevent and respond to violence against women and girls internationally4 ,sec4 #cbje4 ,definitions4 ,subtitle ,c--,rule of law ,sec4 #ccja4 ,findings4 ,sec4 #ccjb4 ,global ,rule of ,law ,policy ,committee4 ,sec4 #ccjc4 ,assistance for rule of law4 ,sec4 #ccjd4 ,definition4 ,subtitle ,d--,child protection ,sec4 #cdja4 ,findings4 ,sec4 #cdjb4 ,child ,protection ,compacts4 ,sec4 #cdjc4 ,authorization of assistance4 ,sec4 #cdjd4 ,suspension and termination of assistance4 ,sec4 #cdje4 ,congressional notification4 ,sec4 #cdjf4 ,definitions4 ,title ,,iv--,building and reinforcing strategic partnerships ,sec4 #djja4 ,findings4 ,sec4 #djjb4 ,statement of policy4 ,sec4 #djjc4 ,goals of assistance4 ,subtitle ,a--,economic ,support ,fund ,sec4 #daja4 ,findings and statement of policy4 ,sec4 #dajb4 ,goal and objectives4 ,sec4 #dajc4 ,economic ,support ,fund4 ,sec4 #dajd4 ,cash transfer assistance4 ,subtitle ,b--,security partnerships ,chapter #a--;,general authorities ,sec4 #dbaa4 ,authorization of assistance4 ,sec4 #dbab4 ,conditions of assistance4 ,sec4 #dbac4 ,prohibition for misuse of ,united ,states assistance4 ,chapter #b--;,drawdown authority ,sec4 #dbba4 ,authorization of emergency assistance4 ,sec4 #dbbb4 ,authorization of non-emergency assistance4 ,sec4 #dbbc4 ,commercial transportation and related services4 ,sec4 #dbbd4 ,report4 ,chapter #c--,loans of defense articles ,sec4 #dbca4 ,loan requirements4 ,sec4 #dbcb4 ,cost of loans4 ,chapter #d--,stockpiling of defense articles ,sec4 #dbda4 ,general authority4 ,sec4 #dbdb4 ,value of defense articles4 ,chapter #e--;,foreign military financing ,sec4 #dbea4 ,general authority4 ,sec4 #dbeb4 ,rule of construction4 ,sec4 #dbec4 ,audits4 ,sec4 #dbed4 ,cash flow financing4 ,chapter #f--;,international military education and training ,sec4 #dbfa4 ,purpose4 ,sec4 #dbfb4 ,military education and training for foreign military and defense personnel4 ,sec4 #dbfc4 ,military education and training for foreign civilian personnel4 ,sec4 #dbfd4 ,locations of instruction4 ,sec4 #dbfe4 ,reimbursement4 ,sec4 #dbff4 ,exchange of training and related support4 ,chapter #g--,transfer of excess defense articles ,sec4 #dbga4 ,transfer of excess defense articles4 ,sec4 #dbgb4 ,terms of transfers4 ,sec4 #dbgc4 ,advance notification to ,congress for transfer of certain excess defense articles4 ,sec4 #dbgd4 ,aggregate annual limitation4 ,sec4 #dbge4 ,restrictions and conditions on transfers of naval vessels4 ,chapter #h--;,cooperative project agreements ,sec4 #dbha4 ,authority to enter into cooperative project agreements4 ,sec4 #dbhb4 ,costs4 ,sec4 #dbhc4 ,charges4 ,sec4 #dbhd4 ,certification4 ,sec4 #dbhe4 ,authority in addition to other authorities4 ,subtitle ,c--,arms sales and related assistance ,sec4 #dcja4 ,control of arms exports and imports4 ,chapter #a--;,foreign military sales and cooperation ,sec4 #dcaa4 ,general authority4 ,sec4 #dcab4 ,procurement for foreign military cash sales4 ,sec4 #dcac4 ,payments4 ,sec4 #dcad4 ,charges4 ,sec4 #dcae4 ,non-combat duties of ,united ,states personnel supporting foreign military sales4 ,sec4 #dcaf4 ,public information4 ,sec4 #dcag4 ,standardization agreements4 ,sec4 #dcah4 ,quality assurance and related services4 ,sec4 #dcai4 ,restriction on sale of defense articles and defense services that would adversely affect ,united ,states combat readiness4 ,sec4 #dcbj4 ,acquisition of foreign-,united ,states origin defense articles4 ,sec4 #dcba4 ,return of defense articles4 ,sec4 #dcbb4 ,sale of obsolete naval vessels4 ,sec4 #dcbc4 ,annual estimate and justification for sales program4 ,sec4 #dcbd4 ,sales to ,united ,states companies for incorporation into end items4 ,sec4 #dcbe4 ,fiscal provisions relating to foreign military sales credits4 ,chapter #b--;,arms export controls ,sec4 #dcca4 ,licensing requirement for exporting or importing defense articles and defense services4 ,sec4 #dccb4 ,impact of military expenditures on development4 ,sec4 #dccc4 ,requirement for registration by exporters4 ,sec4 #dccd4 ,identification of all consignees and freight forwarders4 ,sec4 #dcce4 ,brokering activities4 ,sec4 #dccf4 ,foreign persons4 ,sec4 #dccg4 ,review of ,united ,states ,munitions ,list4 ,sec4 #dcch4 ,licensing of missiles and missile equipment or technology4 ,sec4 #dcci4 ,special licensing authorization for certain exports to strategic ,united ,states allies4 ,chapter #c--,leases of defense articles ,sec4 #dcea4 ,leasing authority4 ,sec4 #dceb4 ,certification for leasing4 ,sec4 #dcec4 ,application of other provisions of law4 ,sec4 #dced4 ,loan of materials1 supplies1 and equipment for research and development purposes4 ,sec4 #dcee4 ,special leasing authority4 ,chapter #d--,retransfers of ,united ,states defense articles ,sec4 #dcfa4 ,authority to approve retransfers4 ,sec4 #dcfb4 ,demilitarization for retransfer of significant defense articles4 ,sec4 #dcfc4 ,proceeds of sale of retransferred defense articles4 ,sec4 #dcfd4 ,certification4 ,chapter #e--;,enforcement and monitoring of arms sales ,sec4 #dcga4 ,general authority4 ,sec4 #dcgb4 ,criminal and civil penalties4 ,sec4 #dcgc4 ,identification of persons of concern4 ,sec4 #dcgd4 ,standards to identify high-risk exports4 ,sec4 #dcge4 ,requirement of exporters to report shipment4 ,sec4 #dcgf4 ,end-use monitoring of defense articles and defense services4 ,sec4 #dcgg4 ,fees of military sales agents and other payments4 ,sec4 #dcgh4 ,prohibition on incentive payments4 ,chapter #f--;,congressional review of arms sales ,sec4 #dcha4 ,reports on commercial and governmental military exports2 congressional action4 ,sec4 #dchb4 ,congressional certification of sensitive foreign military sales and agreements4 ,sec4 #dchc4 ,upgrade or enhancement4 ,sec4 #dchd4 ,congressional review period and disapproval4 ,sec4 #dche4 ,national security waiver of congressional review of arms sales4 ,sec4 #dchf4 ,publication of arms sales notifications4 ,sec4 #dchg4 ,certification requirement relating to ,israel's qualitative military edge4 ,chapter #g--,landmines and cluster munitions ,sec4 #dcia4 ,landmines4 ,sec4 #dcib4 ,cluster munitions4 ,subtitle ,d--,general administrative and miscellaneous provisions ,sec4 #ddja4 ,general provisions4 ,sec4 #ddjb4 ,administrative expenses4 ,sec4 #ddjc4 ,detail of appropriate personnel4 ,sec4 #ddjd4 ,rule of construction4 ,sec4 #ddje4 ,performance goals for processing of applications for licenses to export items on ,united ,states ,munitions ,list4 ,sec4 #ddjf4 ,availability of information on the status of license applications4 ,sec4 #ddjg4 ,requirement to ensure adequate staff and resources for the ,directorate of ,defense ,trade ,controls of the ,department of ,state4 ,sec4 #ddjh4 ,overseas management of assistance and sales programs4 ,sec4 #ddji4 ,designation of major ,united ,states allies4 ,sec4 #ddaj4 ,depleted uranium ammunition4 ,sec4 #ddaa4 ,definitions4 ,title ,v--,countering ,transnational ,threats ,subtitle ,a--,nonproliferation authorities ,chapter #a--,nuclear nonproliferation ,sec4 #eaaa4 ,authorization of assistance to prohibit the proliferation of nuclear1 chemical1 and biological weapons4 ,sec4 #eaab4 ,education and training to enhance nonproliferation and export control capabilities4 ,sec4 #eaac4 ,opposition of withdrawal from ,treaty on the ,non-,proliferation of ,nuclear ,weapons4 ,sec4 #eaad4 ,matters relating to ,international ,atomic ,energy ,agency4 ,sec4 #eaae4 ,arms ,control and ,nonproliferation ,scholarship ,program4 ,sec4 #eaaf4 ,arms ,control and ,nonproliferation ,rotation ,program4 ,chapter #b--,missile nonproliferation ,sec4 #eaba4 ,licensing4 ,sec4 #eabb4 ,denial of the transfer of missile equipment or technology by ,united ,states persons4 ,sec4 #eabc4 ,transfers of missile equipment or technology by foreign persons4 ,sec4 #eabd4 ,notification of admittance of ,,mtcr adherents4 ,sec4 #eabe4 ,authority relating to ,,mtcr adherents4 ,sec4 #eabf4 ,definitions4 ,chapter #c--;,chemical and biological nonproliferation ,sec4 #eaca4 ,sanctions against certain foreign persons4 ,subtitle ,b--,counter-,narcotics authorities ,sec4 #ebja4 ,findings4 ,sec4 #ebjb4 ,statement of policy4 ,sec4 #ebjc4 ,goal and objectives4 ,sec4 #ebjd4 ,general authorities4 ,sec4 #ebje4 ,authorization of ,bureau of ,international ,narcotics and ,law ,enforcement4 ,sec4 #ebjf4 ,use of funds4 ,sec4 #ebjg4 ,requirements relating to aircraft and other equipment4 ,sec4 #ebjh4 ,restrictions4 ,sec4 #ebji4 ,international counter-narcotics strategy4 ,sec4 #ebaj4 ,international narcotics control assistance report4 ,sec4 #ebaa4 ,narcotics strategy evaluation4 ,subtitle ,c--,counter-,terrorism authorities ,sec4 #ecja4 ,purposes4 ,sec4 #ecjb4 ,assistance to countries and multilateral organizations for counter-terrorism activities4 ,sec4 #ecjc4 ,counter-terrorism responsibilities of the ,department of ,state4 ,title ,,vi--,sustaining the global environment ,sec4 #fjja4 ,findings and statement of policy4 ,subtitle ,a--,debt-for-,nature ,exchanges ,sec4 #faja4 ,findings and statement of policy4 ,sec4 #fajb4 ,definitions4 ,sec4 #fajc4 ,establishment of the ,facility4 ,sec4 #fajd4 ,eligibility for benefits4 ,sec4 #faje4 ,authority to engage in debt-for-nature swaps and debt buybacks4 ,sec4 #fajf4 ,reduction of debt owed to the ,united ,states as a result of concessional loans or credits under this ,act and certain other provisions of law4 ,sec4 #fajg4 ,debt-for-,nature ,agreement4 ,sec4 #fajh4 ,eligible activities4 ,sec4 #faji4 ,debt-for-,nature ,fund4 ,sec4 #faaj4 ,responsibilities to the ,congress4 ,sec4 #faaa4 ,general savings clause4 ,subtitle ,b--,commercial ,debt-for-,nature ,exchanges ,sec4 #fbja4 ,commercial debt-for-nature exchange defined4 ,sec4 #fbjb4 ,authorization for commercial debt exchanges4 ,sec4 #fbjc4 ,eligible projects4 ,sec4 #fbjd4 ,eligible countries4 ,sec4 #fbje4 ,prohibition4 ,title ,,vii--,expanding prosperity through trade and investment ,sec4 #gjja4 ,findings4 ,sec4 #gjjb4 ,authority for coordination4 ,subtitle ,a--,overseas ,private ,investment ,corporation ,sec4 #gaja4 ,creation and purpose4 ,sec4 #gajb4 ,prohibitions and restrictions4 ,sec4 #gajc4 ,capital of the corporation4 ,sec4 #gajd4 ,organization and management4 ,sec4 #gaje4 ,investment ,insurance and ,other ,programs4 ,sec4 #gajf4 ,issuing authority2 direct loan authority2 discharge of liabilities4 ,sec4 #gajg4 ,income and revenues4 ,sec4 #gajh4 ,general provisions relating to insurance1 guaranty1 and financing program4 ,sec4 #gaji4 ,general provisions and powers4 ,sec4 #gaaj4 ,reports to the ,congress4 ,sec4 #gaaa4 ,definitions4 ,subtitle ,b--,united ,states ,trade and ,development ,agency ,sec4 #gbja4 ,united ,states ,trade and ,development ,agency4 ,subtitle ,c--,enterprise ,funds ,sec4 #gcja4 ,findings4 ,sec4 #gcjb4 ,purposes4 ,sec4 #gcjc4 ,authority to designate enterprise funds4 ,sec4 #gcjd4 ,,gao reports4 ,sec4 #gcje4 ,operation provisions4 ,sec4 #gcjf4 ,best practices and procedures4 ,sec4 #gcjg4 ,experience of other enterprise funds4 ,title ,,viii--,strategic planning1 monitoring and evaluation1 and reporting ,subtitle ,a--,strategic planning ,sec4 #haja4 ,quadrennial ,diplomacy1 ,development1 and ,security ,review4 ,sec4 #hajb4 ,comprehensive workforce and human resources strategy4 ,subtitle ,b--,monitoring and evaluation ,sec4 #hbja4 ,monitoring and evaluation of foreign assistance4 ,sec4 #hbjb4 ,monitoring and evaluation of humanitarian assistance4 ,subtitle ,c--,reporting requirements ,sec4 #hcja4 ,transparency and accountability in budgeting4 ,sec4 #hcjb4 ,congressional budget justification4 ,sec4 #hcjc4 ,report on allocation of assistance under this ,act4 ,sec4 #hcjd4 ,security assistance database4 ,sec4 #hcje4 ,classification of reports4 ,subtitle ,d--,congressional notification procedures ,sec4 #hdja4 ,notification of program changes4 ,sec4 #hdjb4 ,congressional notification parity4 ,sec4 #hdjc4 ,presidential findings and determinations4 ,title ,,ix--,policy ,restrictions and ,special ,authorities ,subtitle ,a--,policy ,restrictions ,sec4 #ijja4 ,definitions4 ,chapter #a--;,human ,rights ,sec4 #iaja4 ,prohibition on assistance to governments that engage in violations of human rights4 ,sec4 #iajb4 ,prohibition on assistance to certain human rights violators4 ,sec4 #iajc4 ,prohibition on assistance to governments following coups d'tat4 ,sec4 #iajd4 ,prohibition on assistance to governments that prohibit or impede delivery of humanitarian assistance4 ,sec4 #iaje4 ,prohibition on use of funds to support or justify torture4 ,sec4 #iajf4 ,prohibition on assistance to governments engaged in intimidation and harassment against individuals in the ,united ,states4 ,chapter #b--,non-,proliferation ,sec4 #ibja4 ,prohibition on assistance to governments that transfer nuclear enrichment equipment1 materials1 or technology4 ,sec4 #ibjb4 ,prohibition on assistance to governments that transfer nuclear reprocessing equipment1 materials1 or technology or nuclear explosive devices4 ,sec4 #ibjc4 ,security assistance to ,pakistan4 ,chapter #c--,narcotics ,sec4 #icja4 ,prohibition on assistance to drug traffickers4 ,sec4 #icjb4 ,prohibition on assistance to state sponsors of drug trafficking4 ,sec4 #icjc4 ,prohibition on reimbursements for drug crop eradications4 ,chapter #d--,terrorism ,subchapter ,a--,general provisions ,sec4 #idja4 ,prohibition on assistance to state sponsors of terrorism4 ,sec4 #idjb4 ,prohibition on assistance to foreign governments supporting state sponsors of terrorism4 ,sec4 #idjc4 ,prohibition on transactions with state sponsors of terrorism4 ,sec4 #idjd4 ,transactions with countries not fully cooperating with ,united ,states counterterrorism efforts4 ,sec4 #idje4 ,withholding of ,united ,states proportionate share for certain programs of international organizations4 ,subchapter ,b--,middle ,east provisions ,sec4 #idaa4 ,conditional contributions to certain international organizations4 ,sec4 #idab4 ,limitation on assistance to the ,palestinian ,authority4 ,sec4 #idac4 ,limitation on assistance for the ,west ,bank and ,gaza4 ,chapter #e--,trade and commerce ,sec4 #ieja4 ,prohibition on assistance for exporting ,united ,states jobs4 ,sec4 #iejb4 ,prohibition on assistance to governments that expropriate ,united ,states property4 ,sec4 #iejc4 ,prohibition on assistance for compensation relating to expropriated or nationalized property4 ,sec4 #iejd4 ,prohibition on assistance to governments that refuse extradition requests4 ,sec4 #ieje4 ,prohibition on taxation of foreign assistance4 ,sec4 #iejf4 ,limitation on assistance to countries in default4 ,subtitle ,b--,policy ,authorities ,sec4 #ifja4 ,contingencies4 ,sec4 #ifjb4 ,transfer between accounts4 ,sec4 #ifjc4 ,special waiver authority4 ,title ,x--,organization1 ,management1 and ,human ,resources ,sec4 #ajjja4 ,definitions4 ,subtitle ,a--,organization ,chapter #a--;,exercise and coordination of functions ,sec4 #ajaja4 ,delegations2 regulations4 ,sec4 #ajajb4 ,role of the ,secretary of ,state4 ,sec4 #ajajc4 ,role of the ,chief of ,mission4 ,sec4 #ajajd4 ,office for ,global ,women's ,issues4 ,sec4 #ajaje4 ,bureau for ,energy ,resources4 ,sec4 #ajajf4 ,bureau of ,oceans1 ,environment and ,science4 ,chapter #b--,united ,states ,agency for ,international ,development ,sec4 #ajbja4 ,united ,states ,agency for ,international ,development4 ,sec4 #ajbjb4 ,role of the ,administrator4 ,sec4 #ajbjc4 ,overseas missions4 ,sec4 #ajbjd4 ,chairman of ,,oecd ,development ,assistance ,committee4 ,sec4 #ajbje4 ,transfer and consolidation of personnel and functions4 ,subtitle ,b--,management and program administration ,chapter #a--,operating expenses and administrative authorities ,sec4 #ajcja4 ,operating expenses of the ,united ,states ,agency for ,international ,development4 ,sec4 #ajcjb4 ,authorized uses of funds4 ,sec4 #ajcjc4 ,operating expenses of the ,office of the ,inspector ,general4 ,sec4 #ajcjd4 ,administrative authorities of the ,department of ,defense4 ,sec4 #ajcje4 ,working ,capital ,fund4 ,sec4 #ajcjf4 ,suspension and debarment4 ,sec4 #ajcjg4 ,false claims and ineligible commodities4 ,sec4 #ajcjh4 ,termination expenses4 ,chapter #b--;,assistance authorities and program expenses ,sec4 #ajdja4 ,general assistance authorities4 ,sec4 #ajdjb4 ,authority to conduct reimbursable programs4 ,sec4 #ajdjc4 ,retention of interest4 ,sec4 #ajdjd4 ,marking and branding of economic and humanitarian assistance4 ,sec4 #ajdje4 ,reductions in designated funds4 ,sec4 #ajdjf4 ,requirement for authorization of appropriations4 ,sec4 #ajdjg4 ,unexpended balances4 ,sec4 #ajdjh4 ,authority for extended period of availability of appropriations4 ,sec4 #ajdji4 ,support for regional1 international and nongovernmental organizations4 ,sec4 #ajdaj4 ,protection of patents and technical information4 ,sec4 #ajdaa4 ,private and voluntary organizations and cooperatives4 ,chapter #c--,procurement1 disposition1 transportation and valuation of articles ,sec4 #ajeja4 ,procurement standards and procedures4 ,sec4 #ajejb4 ,local procurement4 ,sec4 #ajejc4 ,united ,states competitiveness4 ,sec4 #ajejd4 ,small business4 ,sec4 #ajeje4 ,allocation or transfer of funds and reimbursement among agencies4 ,sec4 #ajejf4 ,retention and use of certain items and funds4 ,sec4 #ajejg4 ,foreign and domestic excess property4 ,sec4 #ajejh4 ,ocean freight differential4 ,sec4 #ajeji4 ,use of aircraft for additional purposes4 ,sec4 #ajeaj4 ,streamlining and review of procurement process4 ,sec4 #ajeaa4 ,overseas procurement flexibility4 ,sec4 #ajeab4 ,local guard contracts abroad4 ,sec4 #ajeac4 ,authority to pay transportation costs4 ,chapter #d--,use of foreign currencies ,sec4 #ajfja4 ,separate accounts for local currencies4 ,sec4 #ajfjb4 ,use of certain foreign currencies4 ,sec4 #ajfjc4 ,accounting and valuation of foreign currencies4 ,subtitle ,c--,human resources ,chapter #a--,personnel and benefits ,sec4 #ajgja4 ,employment of personnel4 ,sec4 #ajgjb4 ,experts and consultants4 ,sec4 #ajgjc4 ,prohibition of discrimination against ,federal personnel4 ,sec4 #ajgjd4 ,foreign service limited appointments4 ,sec4 #ajgje4 ,technical advisors4 ,sec4 #ajgjf4 ,personal services contractors for ,,usaid4 ,sec4 #ajgjg4 ,personal services contractors for the ,department of ,state4 ,sec4 #ajgjh4 ,hiring authority of ,inspector ,general of the ,united ,states ,agency for ,international ,development4 ,sec4 #ajgji4 ,public availability of consulting contracts4 ,sec4 #ajgaj4 ,senior ,foreign ,service requirement4 ,sec4 #ajgaa4 ,pay parity for criminal investigators4 ,chapter #b--;,details1 fellowships1 and exchanges ,sec4 #ajhja4 ,details to foreign governments and international organizations4 ,sec4 #ajhjb4 ,details to ,united ,states ,government agencies4 ,sec4 #ajhjc4 ,science and technology fellowship programs4 ,sec4 #ajhjd4 ,foreign relations exchange programs4 ,sec4 #ajhje4 ,guidelines for rotational assignments4 ,chapter #c--,training and professional development ,sec4 #ajija4 ,training of ,federal personnel4 ,sec4 #ajijb4 ,career development4 ,sec4 #ajijc4 ,language skills development4 ,title ,,xi--,amendments and repeals ,subtitle ,a--,amendments ,sec4 #aaaja4 ,amendments relating to assistance to combat ,,hiv_/,,aids1 tuberculosis1 and malaria4 ,sec4 #aaajb4 ,amendments to the ,millennium ,challenge ,act of #bjjc4 ,sec4 #aaajc4 ,amendments to the ,migration and ,refugee ,assistance ,act of #aifb4 ,sec4 #aaajd4 ,amendments to the ,fulbright-,hays ,act4 ,sec4 #aaaje4 ,amendments to the ,state ,department ,basic ,authorities ,act of #aief4 ,subtitle ,b--,repeals ,sec4 #aabja4 ,repeal of laws incorporated in this ,act4 ,sec4 #aabjb4 ,repeal of laws inconsistent with this ,act4 ,sec4 #aabjc4 ,repeal of obsolete provisions of law4 ,sec4 #aabjd4 ,repeal of unnecessary reporting requirements4 ,subtitle ,c--,savings provisions ,sec4 #aacja4 ,references to former authorities4 ,sec4 #aacjb4 ,repeal of provisions amending other laws4 ,sec4 #aacjc4 ,savings provisions4 ,sec4 #aacjd4 ,effective date4 #b4 ,findings ,congress finds the following3 7#a7 ,in an increasingly interdependent world1 the health1 prosperity1 freedom1 and security of the people of the ,united ,states are strengthened when the people of all countries can enjoy these same advantages4 7#b7 ,the development of a healthier1 more peaceful1 democratic1 just and prosperous world requires the sustained and substantial investment of ,united ,states human and financial resources in fostering international cooperation and in building the capacity of other countries to meet the needs of their people and to conduct themselves responsibly in the international system4 7#c7 ,foreign assistance is not only a reflection of the values1 generosity1 and goodwill of the people of the ,united ,states1 but also an essential means for achieving ,united ,states foreign policy1 economic1 and national security objectives4 #c4 ,statement of policy ,it is the policy of the ,united ,states to help build and sustain an international community composed of states that meet basic human needs1 resolve conflicts peacefully1 respect fundamental freedoms1 cooperate to address issues that transcend national boundaries1 use wisely the world's limited resources in a sustainable manner1 and work toward the achievement of economic well-being for all people4 #d4 ,principles of assistance ,in order to maximize effectiveness and efficiency1 ,united ,states foreign assistance should be carried out in accordance with the following principles3 7#a7 ,foreign assistance is not an end in itself4 ,the purpose of foreign assistance is to create the conditions under which it is no longer needed4 7#b7 ,united ,states foreign assistance should support the development of human1 financial1 organizational1 and technical capacity of partner countries1 both within government and among civil society1 that is sustainable over the long term and leads to self-reliance4 7#c7 ,united ,states foreign assistance1 regardless of type1 purpose1 or recipient1 should respect human rights and democratic processes4 7#d7 ,united ,states embassies and ,united ,states ,agency for ,international ,development missions in partner countries should be accorded a central role in planning1 budgeting1 and decisionmaking with respect to ,united ,states foreign assistance to those countries4 7#e7 ,united ,states foreign assistance programs should be carried out in collaboration with a wide variety of partners1 including multilateral organizations1 governments of partner countries at all levels1 intermediate representative institutions1 and international1 ,united ,states1 and local civil society organizations4 7#f7 ,nonemergency ,united ,states foreign assistance should be provided pursuant to well-coordinated strategies with specific goals and measurable objectives1 while preserving the flexibility to respond to rapidly changing situations4 7#g7 ,monitoring and evaluation of ,united ,states foreign assistance should be conducted systematically to ensure financial accountability1 evaluate performance1 assess impact1 determine lessons learned1 disseminate findings1 and identify steps for improvement4 7#h7 ,because gender equality is essential to democracy1 human rights and economic development1 the needs1 views1 rights1 roles1 and resources of women should be taken into account in all stages of the foreign assistance process1 including strategic planning1 budgeting1 design1 implementation1 monitoring1 and evaluation4 7#i7 ,because natural resources and a healthy1 functioning environment underpin sustainable economic growth1 health1 and food security1 the likely impact of ,united ,states foreign assistance policies and programs upon the environment should be taken into account in all stages of the foreign assistance process4 ,effective action should be taken to mitigate any negative impacts and to ensure that all people enjoy the same degree of protection from environmental and health hazards4 7#aj7 ,the ,united ,states ,government should publish timely1 detailed1 and comprehensive information on the budgeting1 delivery1 and expenditure of ,united ,states foreign assistance in order to enhance transparency and accountability for results and should encourage and facilitate similar transparency by the partner country regarding its national budget1 government contracts1 and aid-related expenditures4 7#aa7 ,united ,states foreign assistance should be conducted within a coherent and coordinated structure that establishes clear lines of authority1 delineates responsibilities1 rationalizes functions1 closes gaps1 promotes policy consistency1 and ensures civilian leadership4 7#ab7 ,to ensure that ,united ,states foreign assistance achieves its intended objectives and to maximize its impact1 the ,united ,states ,government should design and implement such assistance in partnership with local stakeholders1 including as appropriate and feasible1 governments1 intermediate representative institutions1 civil society organizations1 and affected communities4 7#ac7 ,the success of ,united ,states foreign assistance in meeting humanitarian1 foreign policy1 and national security objectives depends on the sustained commitment of adequate and reliable budgetary resources as well as on the development1 training1 and maintenance of a diverse and experienced corps of professionals to design1 manage1 implement1 and monitor such foreign assistance4 #e4 ,purposes of assistance ,united ,states foreign assistance under this ,act shall be provided in accordance with the policy set forth in section #c and the principles set forth in section #d to achieve the following interrelated and mutually reinforcing purposes3 7#a7 ,reducing global poverty and alleviating human suffering4 7#b7 ,advancing peace and mitigating crises4 7#c7 ,supporting human rights and democracy4 7#d7 ,building and reinforcing strategic partnerships4 7#e7 ,countering transnational threats4 7#f7 ,sustaining the global environment4 7#g7 ,expanding prosperity through trade and investment4 #f4 ,definitions ,except as otherwise provided1 in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,united ,states ,agency for ,international ,development4 7#b7 ,agency or ,,usaid ,the term ,agency or ,,usaid means the ,united ,states ,agency for ,international ,development4 7#c7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate4 7#d7 ,basic human needs ,the term basic human needs means the requirements for sustaining life1 health1 and human dignity4 7#e7 ,civil society organization ,the term civil society organization means-- 7,a7 a registered or unregistered nonprofit organization1 independent of the government and state1 including a private and voluntary organization1 community or faith-based organization1 advocacy group1 business or trade association1 cooperative1 credit union1 labor union1 or philanthropic foundation2 7,b7 an independent media1 educational1 or research institution2 or 7,c7 a private enterprise1 including an international development firm1 bank or other financial institution1 or a business of any type4 7#f7 ,country ,the term country means the government1 civil society1 and intermediate representative institutions of a state or specially administered area4 7#g7 ,development assistance ,the term development assistance means-- 7,a7 assistance under-- 7i7 subtitle ,a of title ,i2 7ii7 the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggja et seq472 7iii7 the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,act of #bjjc 7#bb ,u4,s4,c4 #gfja et seq472 7iv7 title ,v of the ,international ,security and ,development ,cooperation ,act of #aihj 7#bb ,u4,s4,c4 #bij;h et seq42 relating to the ,african ,development ,foundation72 or 7v7 section #dja of the ,foreign ,assistance ,act of #aifi 7#bb ,u4,s4,c4 #bij;f2 relating to the ,inter-,american ,foundation72 7,b7 official development assistance under any provision of law2 and 7,c7 reconstruction assistance under any provision of law4 7#h7 ,economic assistance ,the term economic assistance means foreign assistance1 other than assistance under subtitle ,b or ,c of title ,,iv4 7#i7 ,federal agency ,the term ,federal agency has the meaning given the term ,executive agency in section #aje of title #e1 ,united ,states ,code4 7#aj7 ,foreign assistance ,the term foreign assistance means any tangible or intangible item provided by the ,united ,states ,government to a foreign country or international organization under this or any other ,act1 including any training1 service1 or technical advice1 any item of real1 personal1 or mixed property1 any agricultural commodity1 any gift1 loan1 sale1 credit1 guarantee1 or export subsidy1 ,united ,states dollars1 and any currencies of any foreign country which are owned by the ,united ,states ,government4 7#aa7 ,fundamental freedoms ,the term fundamental freedoms means the freedoms of association1 assembly1 expression1 and religion4 7#ab7 ,genocide ,the term genocide means an offense as described in section #ajia of title #ah1 ,united ,states ,code4 7#ac7 ,humanitarian assistance ,the term humanitarian assistance means-- 7,a7 assistance under subtitle ,b of title ,i2 7,b7 emergency food assistance under title ,,ii of the ,agricultural ,trade ,development and ,assistance ,act of #aied 7,public ,law #hc-dhj72 and 7,c7 refugee and migration assistance under the ,migration and ,refugee ,act of #aifb4 7#ad7 ,institution of higher education ,the term institution of higher education has the meaning given such term under section #aja of the ,higher ,education ,act of #aife 7#bj ,u4,s4,c4 #ajja74 7#ae7 ,intermediate representative institution ,the term intermediate representative institution means an organization with the mandate to represent citizens in government and in political processes1 such as a legislature1 political party1 advisory commission1 or municipal council4 7#af7 ,international organization ,the term international organization means an international organization as defined in section #a of the ,international ,organizations ,immunities ,act 7#bb ,u4,s4,c4 #bhh74 7#ag7 ,marginalized group ,the term marginalized group-- 7,a7 means a group that is excluded by law1 policy1 or practice from participating on a full and equal basis in the political1 economic1 and social life of a country1 including the enjoyment of all rights and freedoms2 and 7,b7 includes women1 poor people1 youth1 refugees1 displaced or stateless persons1 persons belonging to racial1 national1 ethnic1 religious or linguistic minorities1 persons with disabilities1 and persons discriminated against on the basis of their sexual orientation or gender identity4 7#ah7 ,mass atrocities ,the term mass atrocities includes war crimes1 genocide or acts that may constitute genocide1 and other crimes against humanity4 7#ai7 ,military education and training ,the term military education and training includes formal or informal instruction of foreign students in the ,united ,states or overseas by officers or employees of the ,united ,states1 contract technicians1 contractors 7including instruction at civilian institutions71 or by correspondence courses1 technical1 educational1 or informational publications and media of all kinds1 training aids1 orientation1 and military advice to foreign military units and forces4 7#bj7 ,notwithstanding1 etc ,the terms notwithstanding any other provision of law and notwithstanding any provision of this or any other ,act shall not apply to title #ca1 ,united ,states ,code1 the ,congressional ,budget and ,impoundment ,control ,act of #aigd1 or the ,budget ,enforcement ,act of #aiij4 7#ba7 ,partner country ,the term partner country means a country that is receiving or is eligible to receive foreign assistance4 7#bb7 ,private and voluntary organization ,the term private and voluntary organization means a nonprofit1 nongovernmental organization4 7#bc7 ,private partner ,the term private partner means-- 7,a7 a non-,united ,states ,government entity that-- 7i7 enters into a contract1 as described in section #fcjc of title #ca1 ,united ,states ,code1 with the ,united ,states ,government2 7ii7 accepts a grant1 as described in section #fcjd of title #ca1 ,united ,states ,code1 from the ,united ,states ,government2 or 7iii7 enters into a cooperative agreement1 as described in section #fcje of title #ca1 ,united ,states ,code1 with the ,united ,states ,government1 relating to the use by that entity of foreign assistance2 and 7,b7 any subcontractor or subgrantee thereof4 7#bd7 ,secretary ,the term ,secretary means the ,secretary of ,state4 7#be7 ,security assistance ,the term security assistance means foreign assistance under title ,,iv or title ,v4 7#bf7 ,united states ,the term ,united ,states1 when used in the geographic sense1 includes each ,state of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,virgin ,islands of the ,united ,states1 and any other territory or possession of the ,united ,states4 7#bg7 ,united ,states ,armed ,forces ,the term ,united ,states ,armed ,forces means the ,army1 ,navy1 ,air ,force1 ,marine ,corps1 and ,coast ,guard4 ,i ,reducing global poverty and alleviating human suffering #ajja4 ,findings ,congress finds the following3 7#a7 ,the abject and dehumanizing conditions of extreme poverty1 which affect more than a billion people around the world1 are inimical to the achievement of a healthy1 peaceful1 democratic1 just and prosperous world and an affront to shared human values4 7#b7 ,a principal objective of ,united ,states foreign policy is reducing global poverty and its worst physical manifestations through the encouragement and sustained support of the people of developing countries in their efforts to acquire the knowledge and resources essential to building the economic1 political1 and social institutions that will improve the quality of their lives4 7#c7 ,strengthening democratic governance and the political voice of poor and marginalized groups not only directly combats poverty but also helps build responsive1 accountable state institutions essential to sustain the positive impact of foreign assistance over the long-term4 7#d7 ,united ,states efforts to reduce global poverty and alleviate human suffering reflect the compassion and generosity of the ,american people1 while also serving ,united ,states economic and national security interests4 ,poor and unstable countries make unreliable trading partners and weak markets for ,united ,states goods and services4 ,violent extremism that threatens ,united ,states national security flourishes where democratic governance is weak1 justice is uncertain1 and legal avenues for change are in short supply4 7#e7 ,complementing the long-term objective of reducing global poverty1 the humanitarian concern and tradition of the people of the ,united ,states demands a commitment to saving lives and alleviating human suffering resulting from natural and human-caused disasters1 and to taking effective action to prevent1 prepare for1 and mitigate such disasters4 7#f7 ,pursuit of these interrelated objectives requires that development and humanitarian concerns be fully reflected throughout ,united ,states foreign policy1 and that resources for these purposes be adequately and reliably budgeted and effectively and efficiently utilized4 7#g7 ,in order to achieve ,united ,states foreign policy and national security objectives1 the ,united ,states should act in concert with other countries and multilateral institutions to mobilize adequate resources from public and private sources for poverty reduction and humanitarian relief4 #ajjb4 ,statement of policy ,it is the policy of the ,united ,states to undertake best efforts to-- 7#a7 reduce global poverty1 including by establishing and meeting1 in cooperation with governments of developing countries1 other public and private donors1 multilateral institutions1 nongovernmental organizations1 businesses1 and affected communities1 international targets for the reduction of poverty2 and 7#b7 prevent1 prepare for1 mitigate1 and respond to humanitarian crises wherever such crises may occur4 #ajjc4 ,encouragement of ,united ,states private and voluntary cooperation 7a7 ,findings ,congress finds the following3 7#a7 ,the sustained participation of ,united ,states private and voluntary organizations1 community and faith-based organizations1 charitable foundations1 labor unions1 cooperatives1 and credit unions in international development and humanitarian relief1 rehabilitation1 and reconstruction significantly reduces poverty and alleviates human suffering through-- 7,a7 application of accumulated expertise in the discipline of development2 7,b7 provision of social services in underserved communities2 7,c7 building the capacity of local organizations to operate with maximum effectiveness1 thereby strengthening civil society and advancing self-reliance2 7,d7 establishing long-term partnerships with and between local communities1 civil society organizations and governments of developing countries at all levels1 thus helping to strengthen accountability1 reduce corruption1 build capable institutions1 and sustain progress2 7,e7 empowering marginalized groups through access to information and a leadership role in decisionmaking processes2 and 7,f7 serving as a voice for the poor and bringing best practices and lessons learned to bear on policymaking processes in the ,united ,states and worldwide4 7#b7 ,such organizations1 foundations1 unions1 and cooperatives1 by mobilizing private ,united ,states financial and human resources1 reflect the values and goodwill of the people of the ,united ,states and embody the ,american spirit of self-help4 7#c7 ,advocacy groups and organizations that represent ,american political1 legal1 academic and business life have developed long-standing relationships with their overseas counterparts1 helping to build people-to-people networks that strengthen civil society1 protect human rights1 support democratic institutions and foster a policy environment conducive to economic development4 7#d7 ,similarly1 the sustained participation of ,united ,states educational and research institutions in building the scientific1 educational1 and service capacities of developing countries is vital to the economic and social development of those countries1 and at the same time strengthens the faculty and programs available to ,united ,states students4 7#e7 ,because of their ability to attract and leverage private contributions1 the entities described in paragraphs 7#a7 through 7#d7 are extremely cost-effective partners for providing foreign assistance4 7#f7 ,because such entities1 often using their own resources1 develop and maintain long-term and independent relationships with their counterparts in foreign countries1 they provide great expertise in program implementation1 an important source of knowledge about local needs1 attitudes1 customs1 and conditions1 and a critical means for building trust and goodwill with local communities4 7b7 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 encourage and facilitate1 as appropriate1 international activities of ,united ,states private and voluntary organizations1 community and faith-based organizations1 charitable foundations1 labor unions1 cooperatives1 credit unions1 and educational and research institutions in furtherance of the goals of this title2 7#b7 co-design1 co-fund1 and co-manage projects and strategies with such entities to meet jointly agreed development objectives2 7#c7 strengthen the capacity of such entities1 without compromising their private and independent nature1 to undertake effective international assistance efforts2 and 7#d7 streamline and simplify the process by which such entities may compete for resources made available under this title4 #ajjd4 ,encouragement of ,united ,states business participation 7a7 ,findings ,congress finds the following3 7#a7 ,united ,states businesses1 including international development firms1 are significant contributors to humanitarian relief and broad-based economic growth in developing countries1 through-- 7,a7 the donation of financial resources1 technology1 goods1 and services2 7,b7 the sharing of training1 technical1 managerial1 and business skills2 7,c7 the investment of capital and the development of trade relationships2 7,d7 the establishment and maintenance of partnerships with the governments of developing countries1 local communities1 and civil society organizations2 7,e7 partnering with local businesses and entrepreneurs2 7,f7 the expansion of job opportunities in impoverished communities2 and 7,g7 the encouragement of private sector development and of the legal and institutional framework to support such development4 7#b7 ,such businesses are often staffed by individuals with a strong commitment to and knowledge of developing countries1 many of whom have served overseas1 and who bring ,american values1 know-how1 and spirit of innovation4 7#c7 ,while some ,united ,states businesses have a long history of engagement with international development1 bringing extensive experience1 strong local ties and a proven track record of achievement1 many others seek to establish first-time partnerships and new joint ventures4 7#d7 ,by leveraging contributions of ,united ,states businesses and facilitating public-private partnerships1 the ,united ,states ,government can maximize the impact of its efforts to improve social and economic conditions in developing countries4 7b7 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 encourage and facilitate1 to the maximum extent practicable1 participation by ,united ,states businesses in achieving the purposes of this title2 7#b7 promote awareness by ,united ,states businesses1 including small businesses1 of opportunities to promote economic growth and expand markets in developing countries2 7#c7 facilitate partnerships between ,united ,states business and international and local nongovernmental organizations1 including private and voluntary organizations1 community and faith-based organizations1 charitable foundations1 labor unions1 cooperatives1 credit unions1 and educational and research institutions1 to reduce poverty and alleviate human suffering2 7#d7 build strategic alliances with ,united ,states businesses1 drawing on their unique assets and experience1 to solve complex problems in developing countries2 and 7#e7 co-design1 co-fund1 and co-manage projects and strategies with ,united ,states business partners to meet jointly agreed development objectives4 #ajje4 ,development partnerships fellows program 7a7 ,in general ,the ,administrator is authorized and encouraged to establish a program of exchanges to strengthen individual and institutional capacity1 share knowledge and best practices1 build partnering skills and develop networks through professional exchanges between the ,agency and the private sector1 including businesses and nonprofit institutions4 7b7 ,strategic focus ,the exchanges authorized under subsection 7a7 should be designed to fill gaps and build capacity in areas of critical need1 as determined by the ,administrator and the private sector entity4 7c7 ,competitive awards ,the process for selecting individuals for the exchanges authorized under subsection 7a7 should be open and competitive1 while offering opportunities to individuals with varying levels of professional experience4 7d7 ,status of employment ,notwithstanding any other provision of law1 during the period of exchange-- 7#a7 each participating individual 7hereinafter referred to as a ,fellow7 shall continue to receive his or her salary1 benefits1 and rights of employment from the ,agency or private sector entity1 as the case may be2 and 7#b7 in the case of a ,fellow who is an employee of a private sector entity and is working at the ,agency1 the ,fellow shall not be considered to be a ,federal employee of the ,agency1 except for purposes of obtaining necessary access to buildings1 office supplies1 equipment and facilities4 7e7 ,parity in exchange ,the ,administrator shall ensure that the total number of ,fellows who are employees of the ,agency and are working at private sector entities is substantially equivalent to the total number of ,fellows who are employees of private sector entities and are working at the ,agency4 7f7 ,other costs and expenses ,the ,administrator shall prescribe policies and procedures regarding costs and expenses for ,fellows other than policies and procedures regarding salaries and benefits4 7g7 ,term of service ,the ,administrator shall determine appropriate lengths of service for ,fellows1 except that such service may not exceed a period of #b years4 ,a ,reducing global poverty #ajaa4 ,findings ,congress finds the following3 7#a7 ,the goal of international development is to improve the quality of life for all people while preserving that opportunity for future generations4 7#b7 ,successful economic development includes the eradication of extreme poverty and its worst physical manifestations4 7#c7 ,abuses of power1 failure to respect human rights1 exclusion of and discrimination against societal groups1 and unchecked violence1 particularly against women and girls1 are impediments to economic development4 7#d7 ,while each country must marshal its own economic and human resources in order to build and maintain the political1 social1 and economic institutions necessary to reduce poverty and improve the quality of life for its people1 the magnitude of the need far exceeds the resources of most developing countries4 7#e7 ,the ,united ,states has acknowledged a collective responsibility for1 as well as a national interest in1 the reduction of global poverty through the promotion of long-term development that is participatory1 equitable1 self-reliant1 and environmentally sustainable4 7#f7 ,a human rights-based approach that focuses on empowering women and girls has been shown to maximize development outcomes4 7#g7 ,development is a long-term process that requires sustained attention and resources4 ,foreign assistance to achieve short-term political objectives or meet emergency humanitarian needs should not come at the expense of efforts to address the root causes of poverty and human suffering4 #ajab4 ,statement of policy ,it is the policy of the ,united ,states to reduce global poverty by helping poor people in developing countries to participate in a process of self-sustaining1 equitable1 and environmentally sound economic growth through productive work and to influence decisions that shape their lives1 with the goal of increasing their incomes and their access to public services that will enable them to satisfy their basic needs1 exercise their rights1 and lead lives of decency1 dignity1 and hope4 #ajac4 ,principles of assistance ,in order to maximize the reduction of global poverty1 assistance under this subtitle should be carried out in accordance with the following principles3 7#a7 ,development is primarily the responsibility of the people of developing countries themselves4 ,assistance should be used in support of1 rather than substitution for1 the self-help efforts that are essential to successful economic development4 7#b7 ,assistance should be demand-driven and designed to support partner country ownership by respecting the development goals chosen through an open and inclusive process in the partner country4 7#c7 ,the ,united ,states ,government should work to broaden country-level policy dialogue on development by promoting an open and inclusive process for choosing development goals1 and by increasing the capacity of all stakeholders to participate meaningfully in that process4 7#d7 ,persons affected by conflict or disaster--including refugees1 stateless persons1 and internally displaced persons1 particularly those in protracted situations--are among the world's most vulnerable to poverty1 exclusion1 exploitation and other abuses4 ,although they have tremendous potential to contribute to the growth and development of the communities and countries where they reside1 these populations often lack access to development resources and programs4 ,such populations1 as well as other marginalized groups1 must be explicitly included in country development programs and national development strategies4 7#e7 ,assistance should be concentrated in countries that have the greatest need for outside assistance and that will make the most effective use of such assistance in achieving the purposes of this subtitle4 7#f7 ,program selection and design should be linked to results1 by using performance frameworks and indicators that are included in or consistent with a developing country's national development strategy1 where possible1 and by strengthening the country's capacity and demand for results-based management4 7#g7 ,when partner country systems are transparent1 accountable and effective1 the ,united ,states ,government should use such systems for delivering assistance4 ,where use of such systems is not feasible1 the ,united ,states should establish additional safeguards and measures in ways that strengthen rather than undermine country systems4 7#h7 ,even in countries where there is a strong and capable state1 civil society should be included in the planning1 design1 management1 delivery1 monitoring and evaluation of foreign assistance4 7#i7 ,assistance should focus on building the self-sufficiency of developing countries by upgrading human1 technical1 and institutional capacity1 both inside and outside government1 to effectively plan1 manage1 implement1 monitor1 and evaluate budgets1 policies1 and programs in a transparent and accountable manner that supports development objectives4 7#aj7 ,the ,united ,states ,government should take all appropriate steps to harmonize its planning1 funding1 conditionality1 disbursement1 monitoring1 evaluation1 and reporting with governments of developing countries and with other donors1 including multilateral institutions1 in order to simplify and reduce the administrative burdens1 achieve a more effective division of labor that builds on donors' comparative advantages1 and improve accountability for results4 7#aa7 ,in consultation with ,congress and in conjunction with the ,interagency ,policy ,committee on ,global ,development established under section #ajbj1 the ,administrator should engage in strategic and budgetary planning over a #c- to #e-year period that will enable the disbursement of assistance in a more timely and predictable manner4 7#ab7 ,personnel and management systems of the ,agency should incorporate incentives for innovation and experimentation1 with tolerance of reasonable risk-taking and training on risk-management4 7#ac7 ,poverty reduction efforts should promote a policy environment and legal framework that is conducive to broad-based and sustainable economic growth1 including-- 7,a7 respect for the rule of law2 7,b7 fair1 accessible1 and timely administration of justice2 7,c7 representative and accountable institutions of governance2 7,d7 protection of human rights and fundamental freedoms2 7,e7 mechanisms of accountability and transparency2 7,f7 security of person1 property and investments2 7,g7 enforcement of contracts and intellectual property rights2 7,h7 encouragement of private enterprise1 free markets and labor rights2 and 7,i7 a vibrant and informed civil society4 7#ad7 ,an effective ,united ,states strategy to promote global poverty reduction and contribute to broad-based1 sustainable economic growth must incorporate all ,united ,states policies having an impact on development1 which include foreign assistance1 debt relief1 trade1 agriculture1 migration and remittances1 environmental protection1 technology transfer1 and arms sales4 7#ae7 ,assistance should be provided in a manner that is flexible enough to adapt to the unique needs and capabilities of specific developing countries and changing situations on the ground1 while remaining transparent and predictable enough to allow developing countries and other partners to plan and budget efficiently4 7#af7 ,assistance should give priority to undertakings that will directly improve the lives of the poorest1 most vulnerable and marginalized groups1 and strengthen their capacity to participate in the political1 economic1 and social development of their countries4 7#ag7 ,investments in research1 the fostering of innovation and the application of technology are essential to expanding the impact and effectiveness of development policies and programs4 ,to ensure that such research1 innovation and technology are appropriately harnessed1 development assistance policies and programs should promote data collection and rigorous analysis1 evidence-based decisionmaking1 a culture of learning1 a mechanism for scaling up successful methods and activities1 and a process for sharing best practices4 7#ah7 ,gender equality is a matter of fundamental human rights1 as well as being essential to the reduction of poverty and to the health1 education and well-being of families and communities4 ,assistance should encourage and promote the full participation of women and girls in the decisions that affect their lives1 elevate the role of women in their societies1 ensure that women are fully integrated into ,united ,states policies and programs1 afford women opportunities to support themselves and their families1 equip and empower women to serve as leaders and as agents of transformation1 and protect women and girls against discrimination and violence4 7#ai7 ,assistance should promote the wise and efficient use of natural resources to ensure stable economic growth and a healthy environment in which to live1 learn1 and work4 7#bj7 ,policies and programs carried out under this subtitle should promote1 protect1 and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities1 respect their inherent dignity1 and encourage their full and effective participation in society on an equal basis with others4 7#ba7 ,international and ,united ,nations-affiliated agencies and multilateral development institutions are essential components of ,united ,states poverty reduction efforts4 ,the ,united ,states ,government should recognize the comparative advantages of such institutions1 particularly with respect to investments in capital-intensive projects and in countries and regions where the ,united ,states does not have a large physical presence1 while supporting reforms to make such institutions more accountable1 responsive1 and representative4 ,in addition to direct financial contributions1 the ,united ,states ,government should provide technical and logistical assistance to such institutions as appropriate4 7#bb7 ,private investment and philanthropy and individual remittances are increasingly important sources of development resources4 ,the ,united ,states ,government should help to link the ,united ,states private sector with appropriate local partners1 to encourage private investment in economic and social development programs to which the ,united ,states lends support1 and to ensure complementarity between public and private development efforts4 7#bc7 ,assistance should be planned and utilized to encourage regional cooperation among developing countries in the solution of common problems and the development of shared resources4 #ajad4 ,goals of assistance ,in order to reduce poverty in developing countries1 assistance under this subtitle shall be designed to further the following goals3 7#a7 ,accelerating economic growth4 7#b7 ,promoting food security4 7#c7 ,advancing health4 7#d7 ,expanding quality education4 7#e7 ,protecting and restoring the natural environment4 7#f7 ,improving access to safe water1 sanitation1 and housing4 7#g7 ,fostering gender equality4 7#h7 ,strengthening democratic governance4 #ajae4 ,development ,support ,funds 7a7 ,authorization of assistance 7#a7 ,in general ,the ,administrator is authorized to provide assistance1 on such terms and conditions as the ,administrator may determine1 to developing countries1 in accordance with the policy described in section #ajab and the principles described in section #ajac1 to further the goals described in section #ajad4 7#b7 ,country strategies ,the annual congressional budget justification submitted under section #hcjb shall specify the amount of funds to be made available to prepare and carry out ,country ,development ,cooperation ,strategies under section #ajah4 7#c7 ,availability ,funds made available under this section for a fiscal year are authorized to remain available until expended4 7#d7 ,designation of funds ,assistance authorized under this subsection shall be known as ,development ,support ,funds4 7b7 ,sustainability and local procurement ,in providing assistance authorized under subsection 7a71 the ,administrator-- 7#a7 shall1 to the maximum extent feasible1 emphasize the development of local capacity and the establishment of sustainable institutions in the partner country2 and 7#b7 should1 to the extent feasible and if cost-effective1 procure required goods and services in the partner country1 or1 if local procurement is not feasible or cost-effective1 in another developing country in the same region4 7c7 ,factors ,in determining the amount of assistance to be provided for each country the ,administrator shall take into account the following factors3 7#a7 ,the absolute number and proportion of people in such country living in poverty4 7#b7 ,the country's ranking on the ,human ,development ,index or other similar measures of living standards and overall well-being4 7#c7 ,the country's per capita income4 7#d7 ,the availability of domestic resources for development within such country4 7#e7 ,the availability of resources from other donors and investors in such country4 7#f7 ,the extent to which there is a political1 social1 and economic environment in such country that will enable funds to be used effectively and accountably to achieve lasting results4 7#g7 ,the performance record of the country in reducing poverty and responsibly using foreign assistance1 if any1 in the previous three to five-year period4 7#h7 ,the country's demonstrated commitment to its own development1 including investments in its people4 7#i7 ,any other factors that the ,administrator determines to be appropriate4 7d7 ,criteria and methodology 7#a7 ,establishment ,the ,administrator shall establish the criteria and methodology for determining the amount of assistance to be provided for each country under subsection 7a74 ,such criteria and methodology shall-- 7,a7 be based on the factors listed in subsection 7c72 7,b7 use1 to the maximum extent possible1 objective and quantifiable indicators2 and 7,c7 ensure that an appropriate proportion of funds are made available for each geographic region of the world4 7#b7 ,congressional consultation ,the ,administrator shall consult with the appropriate congressional committees on the criteria and methodology1 including indicators1 established pursuant to paragraph 7#a74 7#c7 ,public availability ,the criteria and methodology1 including indicators1 established pursuant to paragraph 7#a7 shall be made publicly available on the ,internet website of the ,agency4 7#d7 ,annual budget submission ,for each fiscal year1 the ,administrator shall include in the congressional budget justification submitted under section #hcjb the rankings of each country according to the criteria and methodology established pursuant to paragraph 7#a74 7e7 ,full funding of projects and activities 7#a7 ,in general ,subject to paragraph 7#b71 funds may be obligated to carry out a ,country ,development ,cooperation ,strategy under section #ajah or a sector strategy for development transmitted under section #ajai only pursuant to an agreement for a project or activity that constitutes an obligation of the full estimated amount of foreign assistance for the life of such project or activity4 7#b7 ,rules of construction ,for purposes of this section-- 7,a7 an obligation includes any sub-obligation of funds initially obligated under a ,strategic ,objective ,agreement or other similar agreement2 7,b7 an agreement includes any grant1 cooperative agreement1 or contract entered into by the ,united ,states ,government or a partner country with funds made available to carry out this subtitle2 and 7,c7 funds1 in addition to those obligated pursuant to subsection 7a71 may be obligated for a project or activity if the ,administrator determines1 on a case-by-case basis1 and reports such determination to the appropriate congressional committees1 that an additional obligation of funds is necessary in order to enable the ,administrator to meet development objectives that could otherwise not be met absent such additional obligation4 7#c7 ,outlays and expenditures ,the requirement in paragraph 7#a7 shall not be construed to require outlays or expenditures for a project or activity which does not meet all applicable conditions relating to performance1 accountability1 and eligibility4 #ajaf4 ,innovation ,fund 7a7 ,establishment ,the ,administrator is authorized to establish a fund to support innovative projects and evidence-based solutions that may be tested1 replicated1 and scaled up in partner countries to significantly improve development outcomes4 7b7 ,funding ,the ,administrator is authorized-- 7#a7 to transfer to the fund up to #ej1jjj1jjj of amounts made available for a fiscal year under section #ajae1 which may be used notwithstanding any other provision of law2 and 7#b7 to accept contributions to the fund from foundations1 corporations1 and educational and nongovernmental organizations4 7c7 ,documentation ,a detailed description of all obligations and expenditures from the fund shall be made publicly available on the ,internet website of the ,agency1 including a description of amounts1 beneficiaries1 locations1 and intended purposes1 at the time the obligation or expenditure is made4 7d7 ,lessons learned ,each project supported by the fund shall be independently evaluated1 and the results and lessons learned shall be made publicly available on the ,internet website of the ,agency4 #ajag4 ,united ,states ,strategy for ,global ,development 7a7 ,in general ,under the direction of the ,president1 and consistent with the results of the ,quadrennial ,diplomacy1 ,development1 and ,security ,review1 the ,interagency ,policy ,committee on ,global ,development established under section #ajbj shall prepare on a quadrennial basis a comprehensive strategy to further the ,united ,states foreign policy objective of promoting global development4 ,such strategy shall be known as the ,united ,states ,strategy for ,global ,development4 7b7 ,elements ,the strategy required under subsection 7a7 shall-- 7#a7 establish clear and specific goals and objectives for ,united ,states policies and programs to advance global development that are consistent with the principles of section #ajac1 internationally agreed development goals1 and developing country priorities2 7#b7 explain how such goals and objectives are informed by and will be coordinated with internationally agreed goals1 developing country strategies1 and the programs of other bilateral and multilateral donors2 7#c7 identify major policy changes and key priorities for assistance that will be necessary to achieve such goals and objectives2 7#d7 provide evidence and data to support the proposed strategy and demonstrate how it would improve development effectiveness2 7#e7 define the respective roles of each ,federal agency in carrying out the strategy2 7#f7 outline a process to enhance coordination among each such agency to ensure policy and program coherence2 7#g7 review and improve mechanisms for consulting with other development stakeholders2 7#h7 describe how crosscutting themes such as gender equality1 human rights1 environment1 and conflict prevention will be integrated throughout the strategy2 7#i7 recommend mechanisms to ensure that the strategy can be adjusted to respond to new information and changing situations on the ground and to reflect best practices and lessons learned2 7#aj7 estimate the requirements for human and financial resources and overseas infrastructure to carry out the strategy over the subsequent #d-year period2 and 7#aa7 include a plan1 budget1 and timetable for implementing the strategy1 including any legislative requests and ,executive orders to be issued4 7c7 ,consultation ,in preparing the strategy required under subsection 7a71 the ,interagency ,policy ,committee on ,global ,development established under section #ajbj shall consult with the appropriate congressional committees and relevant stakeholders4 7d7 ,transmission to congress 7#a7 ,in general ,not later than #ahj days after the date of the enactment of this ,act and every four years thereafter1 the ,president shall transmit to the appropriate congressional committees a copy of the strategy required under subsection 7a74 7#b7 ,availability to public ,the strategy transmitted under paragraph 7#a7 shall be published on the ,internet at the time of transmission to the appropriate congressional committees4 #ajah4 ,country ,development ,cooperation ,strategies 7a7 ,in general ,every #c to #e years1 the ,mission ,director of the ,agency in each country described in subsection 7b7 shall prepare a strategy for ,united ,states policies and programs relating to development in such country4 ,such strategy shall be known as the ,country ,development ,cooperation ,strategy4 7b7 ,country described ,a country described in this subsection is a country in which-- 7#a7 there is a full ,agency mission2 and 7#b7 significant violent conflict is neither ongoing nor likely4 7c7 ,elements ,each strategy required under subsection 7a7 shall be consistent with the principles of section #ajac and shall contain the following elements3 7#a7 ,an overview of the country's own development strategy and national sectoral plans1 as reflected in its ,poverty ,reduction ,strategy ,paper or other official documents4 7#b7 ,an analysis of the process by which the country established its development strategy1 including the extent to which the strategy reflects the input of marginalized groups and affected communities4 7#c7 ,an assessment of current gaps between relief and development programming1 the country's vulnerability to a natural or human-caused disaster and to the outbreak of violent conflict1 and the steps being taken to close current programming gaps and to prevent1 prepare for1 or mitigate such a disaster or conflict4 7#d7 ,an assessment of the country's vulnerability to climate change1 and the special challenges such change is likely to pose4 7#e7 ,an assessment of the progress the country has made toward meeting its development goals and of the results of foreign assistance in the previous #c to #e years4 7#f7 ,an analysis of the major obstacles and challenges to achievement of the country's development strategy1 or in cases in which there is no strategy or the strategy is deeply flawed1 the obstacles and challenges to achievement of internationally agreed development goals in the country4 7#g7 ,a description of the specific ways in which the ,united ,states can most effectively invest in the country's development1 including a review of the roles of the various donors and the areas of ,united ,states comparative advantage4 7#h7 ,a description of the roles of each participating ,federal agency in carrying out the strategy4 7#i7 ,a description of the consultative mechanisms used in developing the strategy and the stakeholders consulted4 7#aj7 ,a description of the mechanisms by which ,united ,states ,government policies and programs relating to development will be harmonized with the country's development strategy and assistance from other donors4 7#aa7 ,a description of the linkages between the strategy and relevant sector strategies for development1 including any assistance to be provided for the country pursuant to a sector strategy4 7#ab7 ,an evaluation of the risks and tradeoffs contained in the approach recommended in the strategy4 7#ac7 ,specific1 measurable goals and objectives for development assistance to the country over the next #c to #e years1 including a list of indicators to be used in assessing impact1 which to the maximum extent practicable shall reflect the country's development strategy1 shall be gender-disaggregated1 and shall emphasize the reduction of extreme poverty4 7#ad7 ,the total amount of development assistance requested for the country over the period of the strategy1 and the estimated amount that would be devoted to each goal and objective for such assistance4 7#ae7 ,a description of the types of projects and activities to be supported in pursuit of each goal and objective for such assistance4 7#af7 ,a description of the likely types of partners for each type of project or activity1 which to the maximum extent practicable shall utilize and strengthen local procurement and delivery systems4 7#ag7 ,a description of the personnel resources needed to implement the strategy1 and any bureaucratic1 logistical1 or infrastructural impediments to deploying such resources4 7#ah7 ,a description of how development assistance will build local capacity1 strengthen country ownership1 improve country systems1 advance democratic governance1 and reflect country priorities4 7#ai7 ,a plan and budget for monitoring the performance and evaluating the impact of development assistance1 which to the maximum extent practicable shall utilize and strengthen local monitoring and evaluation systems1 and shall include data on a sex-disaggregated basis4 7#bj7 ,a description of how development assistance will help to promote regional cooperation and integration4 7d7 ,consultation ,in preparing the strategy required under subsection 7a71 the ,mission ,director shall consult with a wide range of relevant stakeholders to ensure that the strategy is appropriate to local needs and conditions and incorporates the views of the partner country4 7e7 ,review and coordination 7#a7 ,by ,administrator ,each strategy prepared under subsection 7a7 shall be submitted to the ,administrator for review and approval4 7#b7 ,by ,,ipc ,each strategy reviewed and approved under paragraph 7#a7 shall be transmitted to the ,interagency ,policy ,committee on ,global ,development established under section #ajbj to ensure coordination with the ,united ,states ,global ,development ,strategy and all other ,united ,states policies and programs relating to the partner country4 7f7 ,transmission 7#a7 ,to ,congress ,each strategy prepared under subsection 7a7 shall be transmitted to the appropriate congressional committees4 7#b7 ,to partner country ,each strategy prepared under subsection 7a7 shall be officially transmitted to the government of the partner country at the same time it is transmitted to the appropriate congressional committees under paragraph 7#a74 7#c7 ,public availability ,each strategy prepared under subsection 7a7 shall be published on the ,internet website of the ,agency not later than #c days after it is transmitted to the government of the partner country under paragraph 7#b74 7#d7 ,revisions 7,a7 ,in general ,a strategy prepared under subsection 7a7 may be revised at any time1 but any significant revision to such strategy shall be subject to the same consultation1 review1 and transmission requirements that are applicable to a strategy prepared under subsection 7a74 7,b7 ,definition ,in this paragraph1 the term significant revision means a change-- 7i7 to a goal1 objective1 or indicator2 7ii7 of more than #bj percent in-- 7,i7 the amounts to be provided for a goal or objective2 or 7,,ii7 the number of personnel required2 or 7iii7 in the general nature of the projects or activities to be supported4 7g7 ,implementation ,none of the funds made available under section #ajae may be used to carry out a strategy prepared under subsection 7a7 until at least #ae days after the strategy is transmitted to the appropriate congressional committees under subsection 7f77#a74 #ajai4 ,sector strategies for development 7a7 ,in general ,every #d years1 the ,administrator shall prepare1 consistent with the results of the ,quadrennial ,diplomacy1 ,development1 and ,security ,review prepared under section #haja and the ,united ,states ,strategy for ,global ,development prepared under section #ajag1 individual strategies for achieving each of the goals of assistance described in paragraphs 7#a7 through 7#h7 of section #ajad4 7b7 ,elements ,each strategy required under subsection 7a7 shall include-- 7#a7 specific objectives for the next #d-year period1 including indicators and other measurements of success2 7#b7 a description of how such objectives relate to1 are informed by1 and will be coordinated with the development goals and relevant sectoral plans of partner countries1 as well as with those of other bilateral and multilateral donors2 7#c7 a description of the roles of each ,federal agency in carrying out the strategy1 and the mechanisms for coordination2 7#d7 a description of policies and programs needed to achieve such objectives1 and the proportion of resources to be provided to such policies and programs2 7#e7 a description of the ways in which research1 innovation1 and technology will be deployed in support of such objectives2 7#f7 a list of priority countries1 regions1 and intended beneficiaries on which resources would be focused2 7#g7 a description of the gender considerations taken into account1 the role of women and girls as participants and beneficiaries of the strategy1 and the impact the strategy will have on gender equality2 7#h7 a description of how the policies1 programs1 objectives and priorities have been informed by1 and will respond to1 conflict strategies and assessments issued pursuant to section #bjba2 7#i7 an analysis of the key opportunities and challenges for achieving favorable results in the next #d-year period2 7#aj7 a mechanism for ensuring that policies and programs undertaken pursuant to the strategy inform and are informed by1 build upon1 contribute to1 and otherwise advance policies and programs pursuant to each of the other sector strategies required under this section2 7#aa7 the amounts devoted to similar purposes in the previous #d-year period1 the results achieved and the lessons learned2 and 7#ab7 the requirements for human and financial resources and overseas infrastructure to carry out the strategy over the next #d-year period4 7c7 ,consultation ,in preparing each strategy required under subsection 7a71 the ,administrator shall consult with the appropriate congressional committees and a wide range of relevant stakeholders to ensure that the strategy is appropriate to local needs and conditions and incorporates the views of partner countries4 7d7 ,review and coordination ,each strategy prepared under subsection 7a7 shall be transmitted to the ,interagency ,policy ,committee on ,global ,development established under section #ajbj to ensure coordination with the ,united ,states ,global ,development ,strategy and all other ,united ,states policies and programs pertaining to that sector4 7e7 ,transmission to congress 7#a7 ,schedule ,at the time of transmission of the ,united ,states ,strategy for ,global ,development pursuant to section #ajag1 the ,administrator shall transmit to the appropriate congressional committees a schedule for the completion within the next #b years of an initial strategy for each of the goals described in section #ajad4 7#b7 ,regular transmission ,each strategy prepared under subsection 7a7 shall be transmitted to the appropriate congressional committees4 7#c7 ,public availability ,each strategy prepared under subsection 7a7 shall be published on the ,internet website of the ,agency not later than #c days after it is transmitted to the appropriate congressional committees4 7#d7 ,revisions 7,a7 ,in general ,a strategy prepared under subsection 7a7 and transmitted pursuant to paragraph 7#b7 may be revised at any time1 but any significant revision to such strategy shall be subject to the same consultation1 review1 and transmission requirements that are applicable to a strategy prepared under subsection 7a74 7,b7 ,definition ,in this paragraph1 the term significant revision means a change-- 7i7 to a goal1 objective1 or indicator2 7ii7 in the general nature of the policies and programs to be supported2 7iii7 in the priority countries1 regions1 or intended beneficiaries2 or 7iv7 of more than #aj percent of the proportion of resources to be provided to a policy or program4 7f7 ,implementation ,none of the funds made available under section #ajae may be used to carry out a strategy prepared under subsection 7a7 until at least #ae days after the strategy is transmitted to the appropriate congressional committees pursuant to subsection 7e74 #ajbj4 ,interagency ,policy ,committee on ,global ,development 7a7 ,establishment ,the ,president shall establish an ,interagency ,policy ,committee on ,global ,development 7in this section referred to as the ,committee7 to coordinate ,united ,states budgets1 policies1 and programs affecting international development4 7b7 ,membership ,the ,committee shall be composed of the ,administrator and a senior representative of each ,federal agency with policies or programs significantly affecting international development4 7c7 ,chairperson ,the ,administrator shall serve as the ,chairperson of the ,committee4 7d7 ,meetings 7#a7 ,regular meetings ,meetings of the ,committee shall be held not less often than quarterly4 7#b7 ,additional meetings ,in addition to its regular meetings1 the ,committee shall meet subject to the call of the ,chairperson4 7e7 ,subordinate units ,the ,committee may establish such subordinate units as it determines necessary4 7f7 ,duties ,the ,committee shall-- 7#a7 advise the ,president with respect to the coordination of ,united ,states budgets1 policies1 and programs affecting international development1 including programs of bilateral and multilateral development assistance2 7#b7 promote policy consistency and coherence1 and minimize program gaps and duplication2 7#c7 prepare1 on a quadrennial basis1 a comprehensive strategy to further the ,united ,states foreign policy objective of reducing global poverty1 as described in section #ajag2 7#d7 review1 upon completion1 ,country ,development ,cooperation ,strategies required under section #ajah1 and ensure that such strategies are coordinated with the ,united ,states ,strategy for ,global ,development and all other ,united ,states policies and programs relating to the partner country2 7#e7 review1 upon completion1 the sector strategies for development prepared under section #ajai1 and ensure that such strategies are coordinated with the ,united ,states ,strategy for ,global ,development and all other ,united ,states policies and programs relating to that sector2 7#f7 monitor and evaluate the results and impact of the development policies and programs carried out by each ,federal agency2 7#g7 facilitate coordination1 cooperation1 and information sharing among ,federal agencies2 and 7#h7 define and rationalize the role of each ,federal agency in carrying out development policies and programs4 7g7 ,staffing 7#a7 ,in general ,the ,administrator shall provide administrative and staff support to the ,committee4 7#b7 ,other agencies ,the head of a ,federal agency represented on the ,committee may temporarily assign1 upon the request of the ,chairperson1 one or more employees from the agency to the staff of the ,committee4 #ajba4 ,global ,development ,council 7a7 ,policy ,to help protect national security and further ,united ,states economic1 humanitarian1 and strategic interests in the world1 it is the policy of the ,united ,states ,government to promote and elevate development as a core pillar of ,united ,states power and chart a course for development1 diplomacy1 and defense to reinforce and complement one another4 ,the successful pursuit of development is essential to advancing ,united ,states national security objectives3 security1 prosperity1 respect for universal values1 and a just and sustainable international order4 ,the effectiveness of this development policy will depend in large measure on how the ,united ,states engages with partners1 beneficiaries of development assistance1 and stakeholders4 ,the ,united ,states will use evidence-based decisionmaking in all areas of ,united ,states development policy and programs1 and will foster development expertise and learning worldwide4 7b7 ,establishment 7#a7 ,in general ,the ,president shall establish a ,global ,development ,council 7in this section referred to as the ,council7 to advise and support the ,president in furtherance of the policy set out in subsection 7a74 7#b7 ,located within ,agency ,the ,council shall be established for administrative purposes within the ,agency1 subject to the foreign policy and budgetary guidance of the ,secretary4 7c7 ,membership 7#a7 ,in general ,the ,council shall be composed of the following3 7,a7 ,not more than #ab individuals from outside the ,united ,states ,government appointed by the ,president4 ,such members may serve as representatives of a variety of sectors1 including1 among others1 institutions of higher education1 non-profit and philanthropic organizations1 civil society1 and private industry4 7,b7 ,the ,secretary of ,state1 the ,secretary of the ,treasury1 the ,secretary of ,defense1 the ,administrator of the ,united ,states ,agency for ,international ,development1 and the ,chief ,executive ,officer of the ,millennium ,challenge ,corporation1 who-- 7i7 shall serve as non-voting members of the ,council2 and 7ii7 may designate1 to perform the ,council functions of the member1 a senior-level official who is part of the member's department1 agency1 or office1 and who is a full-time officer or employee of the ,federal ,government4 7#b7 ,chair and ,vice ,chair ,the ,president shall designate a member of the ,council to serve as ,chair and another member to serve as ,vice ,chair4 ,the ,chair shall convene and preside at meetings of the ,council1 determine meeting agendas1 and direct its work4 ,the ,vice ,chair shall perform the duties of the ,chair in the absence of the ,chair and shall perform such other functions as the ,chair may assign4 7#c7 ,terms ,the term of office of a member appointed by the ,president from outside the ,united ,states ,government shall be #b years1 and such member shall be eligible for reappointment and may continue to serve after the expiration of such term until the ,president appoints a successor4 ,a member appointed to fill a vacancy shall serve only for the unexpired term of such vacancy4 7d7 ,functions ,the ,council shall meet regularly and shall-- 7#a7 inform the policy and practice of ,united ,states global development policy and programs by providing advice to the ,president and other senior officials on issues including-- 7,a7 innovative1 scalable approaches to development with proven demonstrable impact1 particularly on sustainable economic growth and good governance2 7,b7 areas for enhanced collaboration between the ,united ,states ,government and public and private sectors to advance development policy2 7,c7 best practices for and effectiveness of research and development in low and middle income economies2 and 7,d7 long-term solutions to issues central to strategic planning for ,united ,states development efforts2 7#b7 support new and existing public-private partnerships by-- 7,a7 identifying key areas for enhanced collaboration and any barriers to collaboration2 and 7,b7 recommending concrete efforts that the private and public sectors together can take to promote economic development priorities and initiatives2 and 7#c7 increase awareness and action in support of development by soliciting public input on current and emerging issues in the field of global development as well as bringing to the ,president's attention concerns and ideas that would inform policy options4 7e7 ,administration and related matters 7#a7 ,in general ,the heads of executive departments and agencies shall assist and provide information to the ,council1 consistent with applicable law1 as may be necessary to carry out the functions of the ,council4 7#b7 ,funding and administrative support ,funding and administrative support for the ,council shall be provided by the ,agency to the extent permitted by law and within existing appropriations4 7#c7 ,executive ,director ,the ,administrator shall appoint an ,executive ,director who shall be a ,federal officer or employee of the ,agency and serve as a liaison to the ,administrator and the ,executive ,office of the ,president and consult with relevant ,federal departments1 agencies1 and offices on matters and activities pertaining to the ,council4 7#d7 ,compensation2 travel expenses ,the members of the ,council who are appointed from outside the ,federal ,government shall serve without compensation for their work on the ,council4 ,members of the ,council may receive travel expenses1 including per diem in lieu of subsistence1 in accordance with applicable provisions under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code4 7#e7 ,to the extent as the ,federal ,advisory ,committee ,act applies to the ,council1 any functions of the ,president under such ,act1 except functions relating to reporting to ,congress1 shall be performed by the ,administrator in accordance with the guidelines issued by the ,administrator of ,general ,services4 7f7 ,termination 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,council shall terminate on the date that is #b years after the date of the enactment of this ,act4 7#b7 ,extension ,the ,council may be extended by the ,president for additional two-year periods4 7#c7 ,report ,prior to exercising the authority under paragraph 7#b7 to extend the ,council1 the ,president shall submit to the appropriate congressional committees a report on the activities of the ,council during the previous two-year period4 #ajbb4 ,development education ,the ,administrator is authorized to use up to #a1jjj1jjj of amounts made available under section #ajae in any fiscal year to support expansion and improvement of ,united ,states education about global poverty1 the process and challenges of international development1 and the interdependence of the ,united ,states and developing countries4 #ajbc4 ,definitions ,in this subtitle3 7#a7 ,agriculture ,the term agriculture means the science and practice of activities related to food1 feed1 livestock1 or fiber production1 processing1 marketing1 distribution1 utilization1 and trade1 and encompasses the study and practice of family and consumer sciences1 nutrition1 food sciences1 forestry1 wildlife1 fisheries1 aquaculture1 floraculture1 livestock management1 veterinary medicine1 and other environmental and natural resource sciences4 7#b7 ,agricultural development ,the term agricultural development means methods to use agriculture as a basis for food security1 family livelihood1 and economic growth by-- 7,a7 increasing the productivity of those involved in the production of food1 fuel1 and fiber1 including farmers1 fishers1 foresters1 and pastoralists1 particularly those that operate on a small scale2 7,b7 linking producers to consumers through markets1 including postharvest activities such as storage1 processing1 transport1 and improving market efficiency2 7,c7 supporting a legal1 regulatory1 and policy environment that is conducive to agricultural investment and production2 and 7,d7 strengthening technical1 financial1 and business service providers that help food producers grow their enterprises4 7#c7 ,country systems ,the term country systems means the public financial management1 procurement1 disbursement1 and monitoring and evaluation systems of a country4 7#d7 ,developing country ,the term developing country means a country or area that is on the ,list of ,official ,development ,assistance ,recipients of the ,development ,assistance ,committee of the ,organization for ,economic ,cooperation and ,development4 7#e7 ,development stakeholder ,the term development stakeholder-- 7,a7 means an entity directly or indirectly affected by the success of efforts to reduce poverty and promote self-sustaining1 equitable1 and environmentally sound economic growth in a partner country2 and 7,b7 includes-- 7i7 national1 regional1 and local governments and administering authorities1 intermediate representative institutions1 civil society organizations1 and intended beneficiaries1 including marginalized groups2 7ii7 ,federal agencies1 congressional committees1 the ,government ,accountability ,office1 and private partners2 and 7iii7 bilateral1 multilateral1 and private donors4 7#f7 ,food security ,the term food security means that all people at all times have both physical and economic access to sufficient food to meet their dietary needs for a healthy and active life4 7#g7 ,relevant stakeholder ,the term relevant stakeholder-- 7,a7 means a party that is-- 7i7 directly or indirectly affected by a particular law1 regulation1 policy1 process1 program1 project1 or activity2 or 7ii7 involved in the funding1 design1 implementation1 auditing1 or oversight thereof2 and 7,b7 includes-- 7i7 national1 regional1 and local governments and administering authorities1 intermediate representative institutions1 civil society organizations1 and intended beneficiaries1 including marginalized groups2 7ii7 ,federal agencies1 congressional committees1 the ,government ,accountability ,office1 and private partners2 and 7iii7 bilateral1 multilateral1 and private donors4 #a ,accelerating ,economic ,growth #aaja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,broad-based and sustainable economic growth is the most powerful engine for reducing poverty1 and is key to advancing human development4 ,it is the surest way for countries to generate the resources they need to address illiteracy1 poor health1 and other development challenges on their own4 7#b7 ,by expanding incomes1 economic growth helps families and individuals not only to meet their basic needs1 but also to realize their unique capabilities1 exercise greater freedom in their lives1 and achieve their full human potential4 7#c7 ,economic growth enables countries to offer better markets for ,united ,states goods and services and to become more effective partners with the ,united ,states in working toward a more stable1 healthy1 and prosperous world4 7#d7 ,well-functioning1 dynamic private markets promote economic activity and accelerate growth1 providing increased incomes and employment4 7#e7 ,to encourage entrepreneurship and private investment1 developing countries must create a favorable legal1 policy and regulatory environment2 an efficient and accountable system of public financial management2 fair1 transparent and predictable enforcement of property rights and contracts2 effective procedures for resolving economic disputes among firms and individuals2 and rigorous efforts to stem bribery and corruption4 7#f7 ,even where markets are functioning well1 differential access to education1 technology1 credit and other resources can cause economic benefits to be uneven4 ,expanding economic opportunity and access to the tools that help citizens engage in the market economy enables the poor1 women and other marginalized groups to participate in and contribute to economic growth4 7#g7 ,an abundance of young people in a country with a weak economy and non-responsive government can leave individuals frustrated by the lack of jobs and opportunities4 ,but youth are also key human resources for growth and positive change4 ,when governments embrace policies that promote education1 economic opportunities1 the empowerment of women1 and equitable access to resources1 countries can capitalize on the productivity of a growing workforce to boost economic growth4 7#h7 ,expanding trade regionally and internationally is critical for many of the smallest and poorest developing countries1 where local demand is too weak to support large-scale expansion of production1 employment1 and incomes4 ,building trade capacity and removing trade barriers are essential to lasting economic growth4 7#i7 ,heavy debt burdens1 often accumulated under prior1 undemocratic regimes1 can undermine the ability of developing countries to invest in their people and make progress fighting poverty4 7#aj7 ,united ,states international trade and economic policies are often formulated with little recognition or consideration of their impact on developing countries4 ,more active participation by the ,agency in interagency decisionmaking processes can help achieve greater balance among competing ,united ,states interests1 ensuring that development is duly considered as a priority of ,united ,states foreign policy4 7b7 ,statement of policy ,it is the policy of the ,united ,states to work in cooperation with the international community to help partner countries achieve broad-based and sustainable economic growth that-- 7#a7 includes all major income groups1 marginalized groups and women2 7#b7 significantly reduces poverty2 7#c7 uses natural resources responsibly2 and 7#d7 reduces dependence on foreign assistance4 #aajb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this chapter is to accelerate broad-based and sustainable economic growth4 7b7 ,objectives ,in furtherance of the goal described in subsection 7a71 assistance under this chapter shall be designed to help partner countries achieve the following objectives3 7#a7 ,increase income-generating opportunities4 7#b7 ,expand access to markets1 capital1 credit1 land1 and other productive resources4 7#c7 ,enhance productivity through education and training4 7#d7 ,improve the legal1 regulatory and policy environment for business and trade4 7#e7 ,build human and institutional capacity to compete in the global economy4 #aajc4 ,global ,strategy for ,economic ,growth 7a7 ,in general ,the strategy required under section #ajai with respect to accelerating economic growth shall be known as the ,global ,strategy for ,economic ,growth4 7b7 ,contents ,the ,global ,strategy for ,economic ,growth shall include1 in addition to the elements required under section #ajai7;b71 plans for achieving the goal and objectives of section #aajb4 7c7 ,guidelines ,the ,global ,strategy for ,economic ,growth should-- 7#a7 specify the role of microfinance and microenterprise development1 including the resources to be devoted to promoting microenterprise2 7#b7 identify ,united ,states policies relating to trade1 agriculture1 debt1 and other matters that have an impact on economic growth in developing countries1 and recommend changes that would enhance development objectives2 7#c7 plan for long-term sustainability through linkages to regional and international markets and private investment2 7#d7 include mechanisms for increasing consultation1 cooperation1 and coordination with the private sector1 in order to attract greater private sector participation in development activities2 7#e7 address the impact of remittances and identify ways that their development impact can be maximized2 7#f7 recommend methods for reducing illicit outflows of natural resources and capital from developing countries2 and 7#g7 establish mechanisms for improving policy and program coordination among ,federal agencies engaged in economic growth activities4 #aajd4 ,assistance for economic growth 7a7 ,authorization ,the ,administrator is authorized to use funds made available under section #ajae to further the goal and objectives of this chapter in partner countries4 7b7 ,activities ,assistance authorized under subsection 7a7 shall include the following3 7#a7 ,expanding income generating opportunities for the poor1 including women4 7#b7 ,enhancing the workforce by1 among other things1 providing job training and vocational skills appropriate to local needs and conditions4 7#c7 ,improving access1 particularly of women and the poor1 to markets and productive resources1 including credit and financial services1 affordable and resource-conserving technologies1 technical and market-related information1 and property and inheritance rights4 7#d7 ,strengthening the legal1 policy1 and regulatory framework for broad-based and sustainable economic growth1 including the protection of private property and intellectual property4 7#e7 ,supporting the development of cooperatives1 credit unions1 and labor unions4 7#f7 ,expanding local capacity and demand for collection and analysis of statistical information4 7#g7 ,promoting the development1 reform or restructuring1 as appropriate1 of financial1 monetary1 fiscal and regulatory systems4 7#h7 ,building and strengthening institutional capacities to plan1 analyze1 implement1 manage1 monitor and evaluate economic policies and programs4 7#i7 ,promoting sound financial management practices and budgetary policies1 and reducing corruption1 waste1 fraud and abuse4 7#aj7 ,increasing private sector competitiveness1 strengthening local and regional markets1 building trade capacity1 and expanding trade ties4 7#aa7 ,promoting collaboration between public and private sector entities for the reduction of poverty and its worst physical manifestations1 and encouraging private sector investment in projects benefitting the poor4 7#ab7 ,facilitating the development of social safety nets1 pension plans1 insurance networks1 and other mechanisms designed to improve income security4 7#ac7 ,protecting internationally recognized worker rights1 especially with regard to child labor4 7#ad7 ,developing and identifying analytical tools and methodologies to enable effective targeting and measurement of programs for women1 the poor and very poor4 7#ae7 ,increasing the transparency of budgets and procurement processes1 and the effectiveness of oversight1 monitoring1 accountability and audit mechanisms4 #aaje4 ,fiscal and contract transparency 7a7 ,establishment of international standards ,the ,united ,states ,government should seek1 in appropriate multilateral fora1 to establish voluntary international standards of fiscal and contract transparency1 such as the public disclosure of budget documentation1 including receipts and expenditures by ministry1 and government contracts and licenses for natural resource extraction1 including bidding and concession allocation practices4 7b7 ,partnerships for transparency ,the ,administrator is authorized to use funds made available under this chapter to support improvements to fiscal and contract transparency in partner countries4 7c7 ,requirement ,the ,administrator shall not provide direct government-to-government assistance under this ,act for any government that fails to make its national budget publicly available on an annual basis4 7d7 ,definition ,in this section1 the term government-to-government assistance means assistance for a project or activity that is managed directly by a partner government entity using its own financial management and procurement systems4 ,a ,microenterprise development assistance #aaaa4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,access by women and the poor to financial and business development services is a vital factor in reducing poverty and promoting sustainable economic growth in developing countries4 7#b7 ,microfinance and microenterprise development programs have demonstrated high impact and long-term sustainability because they build capacity for self-help among the poor1 especially women1 thereby broadening the base for and increasing the inclusiveness of economic growth4 7#c7 ,in order to ensure that microenterprise programs promote the maximum financial inclusion of women1 gender analysis should be integrated into microenterprise program design1 implementation1 monitoring and evaluation4 7#d7 ,a comprehensive approach to microenterprise development includes support for the provision of credit1 savings1 insurance1 education and training1 technical assistance1 business development1 and other financial services to women1 poor people1 and other marginalized groups4 7#e7 ,microenterprise development and microfinance are particularly important to enhancing the livelihoods of refugees1 displaced persons1 and those affected by conflict1 whose routine employment opportunities and access to productive resources have been reduced or disrupted4 7#f7 ,microenterprise and microfinance activities should be thoroughly integrated into all aspects of development1 especially including agriculture and health4 7#g7 ,united ,states ,government support for microfinance and microenterprise development should complement private initiatives in this area by focusing on those who lack access to formal financial services1 and on countries and sectors that have been underserved by private capital flows4 7#h7 ,united ,states ,government funds should be used to catalyze and attract additional resources1 including private sector funds1 investment funds1 and the savings of the poor1 such as through matching fund opportunities and challenge grants4 7#i7 ,united ,states ,government-supported microfinance lending should accept a higher level of risk than private lending in order to promote innovative products and methodologies and serve poorer and harder-to-reach populations4 7#aj7 ,united ,states ,government support for microenterprise development and microfinance should build the capacity of local institutions in order to enable them to better meet the credit1 savings1 and training needs of microfinance and microenterprise clients4 7#aa7 ,microfinance and microenterprise activities1 especially those benefitting the very poor1 should be a significant component of development assistance4 7b7 ,statement of policy ,it is the policy of the ,united ,states to promote a global strategy of financial inclusion for all1 and especially the very poor and women1 through support for microfinance and microenterprise development in partner countries4 #aaab4 ,microenterprise ,fund 7a7 ,in general ,the ,administrator shall establish a centrally managed fund for microfinance and microenterprise development activities1 to be known as the ,microenterprise ,fund4 ,assistance provided through the ,microenterprise ,fund shall be in addition to assistance otherwise made available for such purposes4 7b7 ,activities ,assistance provided through the ,microenterprise ,fund shall be used to advance the policy described in section #aaaa7;b71 including through the following activities3 7#a7 ,expanding the availability of credit1 savings and other financial and nonfinancial services to microfinance and microenterprise clients4 7#b7 ,training1 technical assistance and business development services for microenterprises4 7#c7 ,capacity-building for microfinance and microenterprise institutions4 7#d7 ,improving the legal and regulatory environment for microenterprise and for financial institutions that serve the poor and very poor4 7#e7 ,developing new and innovative microfinance and microenterprise products and services4 7#f7 ,developing1 identifying and testing tools that facilitate better targeting of programs to the very poor1 women1 and other disadvantaged groups4 7#g7 ,providing targeted core support for microfinance and microenterprise networks and other practitioners4 7c7 ,targeting of assistance 7#a7 ,very poor and women ,at least #ej percent of the assistance provided through the ,microenterprise ,fund shall be targeted to microenterprise clients who are very poor1 and a significant proportion of such assistance shall be targeted to women4 7#b7 ,poverty assessment tools ,in targeting assistance pursuant to paragraph 7#a71 the ,administrator shall identify1 field-test1 and certify for use no fewer than two low-cost methods to assess the poverty levels of incoming or prospective clients of microenterprise institutions1 and shall require that all private partners use one of the certified methods4 7d7 ,private partners ,assistance provided through the ,microenterprise ,fund shall emphasize the use of private partners who-- 7#a7 match such assistance1 to the greatest extent practicable1 with non-,united ,states ,government resources1 including funds from other donors1 commercial or concessional borrowing1 participant savings1 and program income2 7#b7 maintain low overhead and administrative costs2 7#c7 are highly technically competitive2 7#d7 design their programs to meet the needs of women2 7#e7 target their resources at the very poor2 7#f7 design their programs for maximum financial sustainability2 and 7#g7 adopt robust client protection principles and incorporate them into their practices4 #aaac4 ,office of ,microenterprise ,development 7a7 ,establishment ,there is established within the ,agency an ,office of ,microenterprise ,development 7hereafter in this section referred to as the ,office71 which shall be headed by a ,director who shall be appointed by the ,administrator and who should possess technical expertise and ability to offer leadership in the field of microenterprise development4 7b7 ,responsibilities ,the ,office shall be responsible for-- 7#a7 administering the ,microenterprise ,fund established under section #aaab2 7#b7 developing a comprehensive and coherent plan1 which shall be made available to the public1 for promoting financial inclusion for all through microfinance and microenterprise development programs2 7#c7 ensuring that such plan is integrated into the ,global ,strategy for ,economic ,growth described in section #aajc and other country and sector strategies for development1 as appropriate2 7#d7 advising and providing technical support to ,agency missions regarding the design and implementation of microfinance and microenterprise development programs1 including through incorporation of such programs into ,country ,development ,cooperation ,strategies2 7#e7 setting performance goals and indicators to ensure that microfinance and microenterprise development activities benefit the very poor and women2 and 7#f7 collecting and disseminating detailed data to document the impact of microfinance and microenterprise development activities on the very poor and women4 #aaad4 ,definitions ,in this subchapter3 7#a7 ,microenterprise ,the term microenterprise means a firm of #aj or fewer employees1 including unpaid workers1 which is owned and operated by someone who is poor4 7#b7 ,microfinance ,the term microfinance means activities to provide1 or to increase the availability of1 credit1 savings1 insurance1 and other financial services to microenterprises4 7#c7 ,very poor ,the term very poor refers to individuals whose incomes are-- 7,a7 in the bottom #ej percent of those below the poverty line in their country of residence2 or 7,b7 below the ,world ,bank international extreme poverty line4 ,b ,small and medium enterprise development #aaba4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,small and medium enterprises 7,s,m,es7 are key drivers of competition1 growth1 and job creation1 particularly in developing countries4 ,they make up an estimated #ij percent of businesses and over #ej percent of employment worldwide4 7#b7 ,access to financial services for ,s,m,es remains severely constrained in many emerging markets4 7#c7 ,the global financial crisis created a financing gap that particularly affected ,s,m,es1 making it more difficult for these enterprises to find the capital to grow their businesses and create jobs4 7#d7 ,even as liquidity is restored to financial institutions1 lending volumes remain depressed and ,s,m,es still have limited access to financing4 7#e7 ,the lack of agribusinesses in rural areas has contributed to the growth of urban slums and a burgeoning population of disaffected youth4 7#f7 ,increasing access to finance for ,s,m,es is best achieved by increasing the depth and breadth of local financial markets and boosting the competitiveness of the private financial sector4 7#g7 ,enabling growth--and ensuring that poor people can participate--requires an environment where people are able to start and grow businesses1 as well as create more jobs4 7b7 ,statement of policy ,it is the policy of the ,united ,states to encourage entrepreneurship and expand the formal sector in partner countries by-- 7#a7 building the capacity of ,s,m,es2 7#b7 increasing ,,sme access to financial services1 technology1 training1 and other resources2 and 7#c7 reducing the legal and bureaucratic hurdles to starting a business4 #aabb4 ,assistance for small and medium enterprises ,the ,administrator is authorized to use funds made available under this chapter for programs to encourage entrepreneurship and strengthen small and medium enterprises in partner countries1 including3 7#a7 ,training in entrepreneurship1 including basic business management1 accounting1 bookkeeping1 marketing1 risk management1 and computer skills4 7#b7 ,agriculture entrepreneurship training1 particularly to increase employment opportunities in rural areas4 7#c7 ,establishing youth entrepreneurship programs in schools or through community partnerships with business and youth organizations to promote economic skills1 ethics1 integrity1 and healthy life skills among youth4 7#d7 ,strengthening laws1 regulations1 and enforcement mechanisms to protect national and international intellectual property rights and to protect the people and industries of developing countries against imported counterfeit goods4 7#e7 ,combating anti-competitive1 unethical1 and corrupt practices4 7#f7 ,improving the technology and information resources of financial institutions and small and medium enterprises4 7#g7 ,promoting the establishment of lending programs of financial institutions for small and medium enterprises4 7#h7 ,developing internal credit rating systems and credit assessment tools that improve the ability of financial institutions to evaluate risk4 7#i7 ,programs specifically targeted to small and medium enterprises owned by women1 youth1 and displaced persons4 #aabc4 ,definition ,in this subchapter1 the term small and medium enterprise means a corporation1 sole proprietorship1 partnership1 or other legal entity that-- 7#a7 has its principal place of business in a partner country2 7#b7 is owned or controlled by persons who are citizens of such partner country2 and 7#c7 has fewer than #ej employees4 ,c ,other programs #aaca4 ,development credit authority 7a7 ,authorization of credit 7#a7 ,in general ,the ,administrator is authorized to provide direct loans1 loan guarantees1 and other investments involving the extension of credit to achieve any of the goals of this subtitle in cases in which-- 7,a7 the borrowers or activities are determined to be sufficiently creditworthy and do not otherwise have access to such credit2 and 7,b7 the use of credit authority is appropriate to the achievement of such goals4 7#b7 ,designation ,assistance authorized under this subsection shall be known as the ,development ,credit ,authority4 7b7 ,priority activities ,to the maximum extent practicable1 the ,administrator shall give preference to providing assistance authorized under subsection 7a7 to promote-- 7#a7 the policy described in section #aaaa7;b72 7#b7 sustainable urban and environmental activities described in chapters #e and #f2 and 7#c7 policy and institutional reforms in accordance with the objectives of this chapter4 7c7 ,default and commodity provisions 7#a7 ,default provision ,for purposes of this ,act1 the default of a private sector recipient of assistance provided under this section shall not be considered to be the default of the government of the country in which the private sector recipient is located4 7#b7 ,commodity provision ,assistance may be provided under this section without regard to commodity restrictions 7as such term is defined in section #ajjja74 7d7 ,terms and conditions of credit assistance 7#a7 ,in general ,assistance provided under this section shall be offered on such terms and conditions1 including fees charged1 as the ,administrator may determine4 7#b7 ,limitation ,the principal amount of loans made or guaranteed under this section in any fiscal year1 with respect to any single country or borrower1 may not exceed #ajj1jjj1jjj4 7#c7 ,fraud and misrepresentation ,no payment may be made under any guarantee issued under this section for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible4 7e7 ,full faith and credit ,all guarantees issued under this section shall constitute obligations1 in accordance with the terms of such guarantees1 of the ,united ,states of ,america and the full faith and credit of the ,united ,states of ,america is hereby pledged for the full payment and performance of such obligations to the extent of the guarantee4 7f7 ,co-,financing and risk sharing 7#a7 ,in general ,assistance provided under this section shall be in the form of co-financing or risk sharing4 7#b7 ,requirement ,credit assistance may not be provided to a borrower under this section unless the ,administrator determines that there are reasonable prospects of repayment by such borrower4 7#c7 ,additional requirement ,the investment or risk of the ,united ,states in any one development activity may not exceed #hj percent of the total outstanding investment or risk4 7g7 ,eligible borrowers 7#a7 ,in general ,in order to be eligible to receive credit assistance under this section1 a borrower shall be sufficiently credit worthy so that the estimated costs 7as defined in section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij7 of the proposed credit assistance for the borrower does not exceed #cj percent of the principal amount of credit assistance to be received4 7#b7 ,additional requirement 7,a7 ,in general ,with respect to the eligibility of a foreign government as an eligible borrower under this section1 the ,administrator shall make a determination that the additional debt of the government will not exceed the debt repayment capacity of the government4 7,b7 ,consultation ,in making a determination under paragraph 7,a71 the ,administrator shall consult1 as appropriate1 with international financial institutions and other institutions or agencies that assess debt service capacity4 7h7 ,assessment of credit risk 7#a7 ,in general ,the ,administrator shall use the ,interagency ,country ,risk ,assessment ,system 7,,icras7 and the methodology approved by the ,office of ,management and ,budget to assess the cost of risk credit assistance provided under this section to foreign governments4 7#b7 ,consultation ,with respect to the provision of credit to nongovernmental organizations1 the ,administrator-- 7,a7 shall consult with appropriate private sector institutions1 including large ,united ,states private sector debt rating agencies1 prior to establishing the risk assessment standards and methodologies to be used2 and 7,b7 shall periodically consult with such institutions in reviewing the performance of such standards and methodologies4 7#c7 ,use of cost and risk assessment determinations of private sector co-financing entities ,in addition1 if the anticipated share of financing attributable to public sector owned or controlled entities1 including the ,agency1 exceeds #di percent1 the ,administrator shall determine the cost 7as defined in section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij7 of such assistance by using the cost and risk assessment determinations of the private sector co-financing entities4 7i7 ,retention of receipts collected ,receipts collected pursuant to this section1 and the ,federal ,credit ,reform ,act of #aiij1 in an amount not to exceed the amount appropriated for a fiscal year1 shall be credited as offsetting collections for ,development ,support ,funds1 and shall be used to reduce1 on a dollar-for-dollar basis1 appropriations for that purpose4 ,amounts collected in a fiscal year in excess of obligations shall remain available until expended4 #aacb4 ,technical assistance for financial management 7a7 ,establishment of program 7#a7 ,in general ,the ,secretary of the ,treasury1 in consultation with the ,secretary of ,state and the ,administrator1 is authorized to establish a program to provide technical assistance to foreign governments and foreign central banks of partner countries4 7#b7 ,role of ,secretary of ,state ,the ,secretary of ,state shall provide foreign policy guidance to the ,secretary of the ,treasury to ensure that the program established under this subsection is effectively coordinated with ,united ,states foreign policy4 7#c7 ,role of ,administrator ,the ,administrator shall provide development guidance to the ,secretary of the ,treasury to ensure that the program established under this subsection is effectively coordinated with ,united ,states development policy and furthers the goals of this subtitle4 7b7 ,conduct of program 7#a7 ,in general ,in carrying out the program established under subsection 7a71 the ,secretary of the ,treasury shall provide economic and financial technical assistance to foreign governments and foreign central banks of partner countries by providing advisers with appropriate expertise to advance the enactment of laws and establishment of administrative procedures and institutions in such countries to promote financial integrity1 financial inclusion1 consumer protection1 financial education1 macroeconomic and fiscal stability1 efficient resource allocation1 transparent and market-oriented processes and sustainable private sector growth4 7#b7 ,additional requirements ,to the extent practicable1 such technical assistance shall be designed to establish-- 7,a7 tax systems that are fair1 objective1 and efficiently gather sufficient revenues for governmental operations2 7,b7 debt issuance and management programs that rely on market forces2 7,c7 budget planning and implementation that permits responsible fiscal policy management2 7,d7 commercial banking sector development that efficiently intermediates between savers and investors2 and 7,e7 financial law development and enforcement to protect the integrity of financial systems1 financial institutions1 and government programs4 7#c7 ,emphasis on anti-corruption ,such technical assistance shall include elements designed to combat anti-competitive1 unethical1 and corrupt activities1 including protection against actions that may distort or inhibit transparency in market and trade mechanisms and1 to the extent applicable1 privatization procedures4 7c7 ,administrative requirements ,in carrying out the program established under subsection 7a71 the ,secretary of the ,treasury shall-- 7#a7 in consultation with the ,secretary of ,state and the ,administrator1 establish a methodology for identifying and selecting foreign governments and foreign central banks to receive assistance under the program2 7#b7 prior to selecting a foreign government or foreign central bank to receive assistance under the program1 receive the concurrence of the ,secretary of ,state with respect to the selection of such government or central bank and with respect to the cost of the assistance to such government or central bank2 7#c7 consult with the heads of appropriate ,federal agencies and international financial institutions to avoid duplicative efforts with respect to those foreign countries for which such agencies or organizations provide similar assistance2 7#d7 ensure that the program is consistent with the global1 sector1 and country strategies being implemented by the ,agency2 and 7#e7 establish and carry out a plan to monitor and evaluate the program1 consistent with the requirements of section #hbja4 7d7 ,administrative authorities ,the administrative authorities applicable to the ,secretary of ,state with respect to funds made available under this ,act shall also be applicable to the ,secretary of the ,treasury with respect to funds made available under this section4 7e7 ,issuance of regulations ,the ,secretary of the ,treasury is authorized to issue such regulations with respect to personal service contractors as the ,secretary determines necessary to carry out this section4 7f7 ,rule of construction ,nothing in this section shall be construed to infringe upon the powers or functions of the ,secretary of ,state 7including the powers or functions described in section #ajc of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf 7#bb ,u4,s4,c4 #dhjb77 or of any chief of mission 7including the powers or functions described in section #bjg of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cibg774 7g7 ,termination of assistance ,the ,secretary of the ,treasury shall conclude assistance activities for a recipient foreign government or foreign central bank under the program established under subsection 7a7 if the ,secretary of the ,treasury1 after consultation with the appropriate officers of the ,united ,states1 determines that such assistance has resulted in the enactment of laws or the establishment of institutions in that country that promote fiscal stability and administrative procedures1 efficient resource allocation1 transparent and market-oriented processes and private sector growth in a sustainable manner4 7h7 ,definitions ,in this section3 7#a7 ,international financial institution ,the term international financial institution means the ,international ,monetary ,fund1 the ,international ,bank for ,reconstruction and ,development1 the ,international ,development ,association1 the ,international ,finance ,corporation1 the ,multilateral ,investment ,guarantee ,agency1 the ,asian ,development ,bank1 the ,asian ,development ,fund1 the ,african ,development ,bank1 the ,african ,development ,fund1 the ,inter-,american ,development ,bank1 the ,inter-,american ,investment ,corporation1 the ,european ,bank for ,reconstruction and ,development1 and the ,bank for ,economic ,cooperation and ,development in the ,middle ,east and ,north ,africa4 7#b7 ,technical assistance ,the term technical assistance includes-- 7,a7 the provision of expert advisers to assist foreign governments and foreign central banks for the purposes described in subsection 7b77#a72 7,b7 training in the partner country1 the ,united ,states1 or elsewhere for the purposes described in subsection 7b77#a72 7,c7 grants of goods1 services1 or funds to foreign governments and foreign central banks for the purposes described in subsection 7b77#a72 7,d7 grants to ,united ,states or local nonprofit organizations to provide services or products which contribute to the provision of advice to foreign governments and foreign central banks2 and 7,e7 study tours for foreign officials in the ,united ,states or elsewhere for the purpose of providing technical information to such officials4 7#c7 ,foreign participant ,the term foreign participant means a national of a partner country who has been designated to participate in activities under the program established under subsection 7a74 #b ,promoting food security #abja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,hunger robs the poor of a healthy and productive life and stunts the mental and physical development of the next generation4 ,the persistence of widespread hunger and malnutrition constitutes an affront to shared moral values and humanitarian principles4 7#b7 ,food insecurity and chronic hunger are expanding rapidly in developing countries1 forcing millions of people into poverty1 contributing to political and social instability1 eroding economic growth1 and undermining investments in basic education1 health1 environmental protection1 and democratic institutions4 7#c7 ,volatility and real increases in food prices1 which are expected to grow as grain production fails to keep pace with rising demand1 cause food insecurity and hunger for poor people even when sufficient food is available on the market4 7#d7 ,the changing global climate1 as well as the degradation of land and water resources1 threatens food security1 livelihoods and the environment worldwide but particularly for those already most vulnerable3 the millions of rural poor in developing countries4 7#e7 ,the pressures on world food supplies and agricultural land use caused by population growth1 rapid urbanization1 energy1 agricultural and trade policies in industrialized countries1 water scarcity1 and climate change require a global commitment to sustainable agriculture and the environment4 7#f7 ,lack of transparent regulations1 inconsistent and unpredictable public policies in developing and developed countries1 and unreliable mechanisms to enforce contracts between businesses serve to undermine development goals1 deter private investment1 and limit the ability of agricultural producers and businesses to access capital4 ,this situation reduces the incentives for agricultural producers to increase the quantity1 quality1 and value of their agricultural production4 7#g7 ,reducing chronic hunger is essential to build a foundation for investments in health1 education and economic growth4 ,it is critical to the security and productivity of individuals1 families1 communities1 and nations4 7#h7 ,approximately three-quarters of people in developing countries live in rural areas1 with the vast majority dependent on agriculture for their livelihoods4 ,agricultural development is a proven engine of growth that reduces global hunger and poverty4 7#i7 ,women will be a pivotal force behind achieving a food secure world4 ,in many developing countries1 farming is done mostly by women4 ,however1 women only own #b percent of land worldwide and often have limited access to agriculture inputs1 loans1 and opportunities to learn about improved techniques4 ,when gains in income are controlled by women1 they are more likely to be spent on food and children's needs1 thus amplifying the benefits of investments in women across families and generations4 7#aj7 ,the #a1jjj days between a woman's pregnancy and her child's second birthday offer a unique window of opportunity to help families1 communities1 and countries break the cycle of poverty4 ,solutions to improve maternal and child nutrition in the #a1jjj-;day window are readily available1 affordable1 and cost-effective1 including vitamins and minerals and good nutritional practices1 such as breastfeeding4 7#aa7 ,a comprehensive approach to long-term food security should encompass improvements in-- 7,a7 food availability1 such that sufficient quantities of appropriate1 necessary types of food are consistently available to all persons2 7,b7 food access1 such that individuals have adequate incomes or other resources to consistently maintain an adequate diet1 and food is allocated equitably within households2 7,c7 food utilization and consumption1 such that people have the knowledge and basic sanitary conditions to choose1 store1 prepare and distribute food in a way that results in good nutrition for all family members2 7,d7 stability1 such that the ability to access and utilize food remains stable and sustained over time1 regardless of adverse weather conditions1 political instability1 or economic factors2 and 7,e7 food quality and safety1 such that food supplies provide adequate nutritional value1 are free of contamination1 and are fit for human consumption4 7#ab7 ,the greatest potential for significantly expanding availability of food for people in rural areas and augmenting world food production at relatively low cost lies in increasing the productivity of small farmers1 who constitute a majority of the agricultural producers in developing countries4 7#ac7 ,however1 increasing the efficiency of agricultural producers alone will not result in higher incomes and reduced hunger unless surplus harvest and products can be sold in well-functioning local1 national1 regional1 or international markets4 ,development of strong1 integrated1 local1 national1 and regional agriculture and food markets will increase the availability of safe and nutritious food1 decrease local prices1 and expand economic growth4 7#ad7 ,the ,united ,states should emphasize policies and programs that assist developing countries to increase their national food security by improving their food policies and management and by strengthening national food reserves1 with particular concern for the needs of the poor1 through measures encouraging domestic production4 7#ae7 ,the long-term food security of developing countries requires that adequate legal and procedural mechanisms are in place to protect local rights and the welfare of rural poor people who depend on agriculture for their livelihoods4 7#af7 ,while the ,united ,states cannot be expected to shoulder the majority of global investments in ending hunger and providing food security1 the ,united ,states can and should lead the international community by demonstrating a sustained commitment and a comprehensive approach to meeting international goals and targets for reducing hunger and undernutrition4 7#ag7 ,partner countries should decide their needs1 priorities1 and strategies for agricultural development and food security through an open1 participatory and inclusive process that takes into account the needs and views of poor people1 women1 and other marginalized groups4 ,international efforts to improve food security and nutritional status are not sustainable over the long term without robust leadership and ownership by partner countries4 7#ah7 ,nongovernmental organizations and cooperatives are particularly important for combating food insecurity and increasing the sustainability of public investments4 ,given their close ties to local communities1 such organizations and cooperatives are often effective at ensuring that people who are very poor and vulnerable are consulted about and benefit from agricultural and nutrition programs4 7#ai7 ,educational and research institutions play a key role in developing the institutional capacity and human resources of developing countries1 including the establishment and strengthening of agricultural research and extension services1 the development of networks for scientific collaboration1 the dissemination of improved methods and technologies1 and the training of students1 teachers1 researchers and practitioners4 7#bj7 ,with their convening authority and technical expertise1 multilateral institutions play a central role in efforts to enhance food security by providing emergency assistance1 undertaking research and analysis1 offering a platform for sector-wide investments in agriculture1 and providing a significant portion of the external financing for investment projects and programs in developing countries4 ,they are important not only to mobilizing and coordinating donor country commitments1 but also to promoting global mutual accountability among donors1 partner countries and other stakeholders4 7#ba7 ,public sector investments alone1 while important1 are not sufficient to sustainably reduce poverty and food insecurity4 ,the private sector brings necessary financial resources1 human capital1 technological resources1 intellectual property1 market access1 cutting-edge business practices1 in-country networks1 and other relevant experience4 7b7 ,statement of policy ,it is the policy of the ,united ,states to recognize the human right to food and to work in cooperation with the international community to end hunger and achieve universal food security4 #abjb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this chapter is to sustainably reduce global hunger4 7b7 ,objectives ,in furtherance of the goal of subsection 7a71 assistance under this chapter shall be designed to help partner countries achieve the following objectives3 7#a7 ,accelerating inclusive agriculture sector growth4 7#b7 ,improving nutritional status1 especially of women and children and other vulnerable populations4 7#c7 ,increasing resilience in vulnerable rural communities4 #abjc4 ,global ,strategy for ,food ,security 7a7 ,in general ,the strategy required under section #ajai with respect to food security shall be known as the ,global ,strategy for ,food ,security4 7b7 ,contents ,the ,global ,strategy for ,food ,security shall include1 in addition to the elements required under section #ajai7;b71 plans for achieving the goal and objectives of section #abjb4 7c7 ,guidelines ,the ,global ,strategy for ,food ,security should-- 7#a7 address the root causes of hunger that limit the potential of millions of people2 7#b7 reduce gender inequality and integrate gender concerns2 7#c7 promote climate-resistant and environmentally sustainable agricultural development2 7#d7 concentrate efforts and resources on core countries where the ,rome ,principles 7as defined in section #abjh7 can best be realized2 7#e7 be tailored to improving the nutritional status of women1 infants and children1 particularly during the #a1jjj day critical window of opportunity between a woman's pregnancy and her child's second birthday1 in which a set of proven nutrition interventions can dramatically improve the child's chances of surviving and living a healthy and prosperous life2 7#f7 invest in country-owned plans that are designed through an open1 participatory1 and inclusive process and support results-based programs and partnerships2 7#g7 strengthen strategic coordination to mobilize and align the resources of diverse partners and stakeholders2 7#h7 ensure a comprehensive approach that accelerates inclusive agricultural-led growth and improves nutrition1 while also bridging humanitarian relief and sustainable development efforts2 7#i7 leverage the benefits of multilateral institutions so that priorities and approaches are aligned1 investments are coordinated1 and financial and technical assistance gaps are filled2 and 7#aj7 deliver on sustained and accountable commitments1 using benchmarks and targets to measure progress toward shared goals1 and hold the ,united ,states and other stakeholders publicly accountable for achieving results4 #abjd4 ,assistance for promoting food security 7a7 ,authorization ,the ,administrator is authorized to use funds made available under section #ajae to further the goal and objectives of this chapter4 7b7 ,activities ,assistance authorized under subsection 7a7 shall include-- 7#a7 sustainably improving agricultural productivity by-- 7,a7 increasing access to agricultural inputs1 techniques1 and technologies that are affordable and environmentally responsible2 7,b7 developing inputs1 techniques1 and technologies that are adapted to local conditions2 7,c7 expanding access to knowledge through agricultural extension2 7,d7 strengthening property rights to land and other productive assets2 7,e7 enhancing sustainability and resilience of production through sound environmental and natural resource management2 7,f7 increasing access to dependable and affordable financial and risk management services2 7,g7 strengthening agricultural producer organizations2 and 7,h7 strengthening regional harmonization and coordination2 7#b7 expanding markets and trade by-- 7,a7 increasing the quality and availability of market information for producers and enterprise owners2 7,b7 improving post-harvest market infrastructure2 7,c7 improving access to business development and financial services2 7,d7 enhancing animal1 plant and food safety2 7,e7 reducing the time and cost of moving goods across borders2 7,f7 creating an enabling policy environment for agribusiness growth and private investment1 including transparent regulations1 consistent and predictable public policies1 and reliable contract enforcement mechanisms2 7,g7 expanding access to larger and better functioning regional markets2 and 7,h7 supporting regional development corridors2 7#c7 raising nutritional status by-- 7,a7 supporting community-based programs to deliver nutrition education2 7,b7 improving diet quality and diversity1 including in food assistance programs2 7,c7 expanding access to clean water and improved sanitation and promoting good hygiene practices2 7,d7 expanding delivery of nutrition services2 and 7,e7 facilitating supplementary and therapeutic feeding2 7#d7 increasing resilience in vulnerable rural communities by-- 7,a7 mitigating risks associated with drought1 natural disasters1 and disease2 7,b7 promoting secure access to land and natural resources2 7,c7 expanding access to financial services1 training1 and technical assistance for microenterprises and small businesses2 7,d7 supporting effective delivery and implementation of productive safety nets and social protection systems2 7,e7 building capacity to manage risk through early warning systems1 vulnerability assessment and mapping1 emergency response strategies1 and micro-insurance2 7,f7 increasing the benefits of local and regional food assistance procurement to smallholder farmers2 and 7,g7 adopting and delivering extension and financial services and improved technologies to very poor communities2 and 7#e7 supporting a participatory and inclusive process for determining needs1 priorities1 and strategies and holding stakeholders accountable for results by-- 7,a7 expanding and facilitating the inclusion of women1 rural poor people1 and other marginalized groups in decisionmaking2 7,b7 building the capacity of the groups described in subparagraph 7,a7 to participate effectively in decisionmaking2 7,c7 developing and enforcing legal protections for the rights and welfare of the groups described in subparagraph 7,a72 7,d7 setting meaningful benchmarks and selecting appropriate indicators for the chosen strategies2 7,e7 improving the quality and availability in partner countries of relevant data and analysis2 and 7,f7 establishing and strengthening mechanisms for monitoring programs1 measuring progress1 evaluating outcomes1 disseminating findings1 and integrating best practices and lessons learned4 #abje4 ,collaborative agricultural and nutrition research and innovation 7a7 ,programs authorized ,the ,administrator is authorized to use funds made available under this chapter for collaborative agricultural and nutrition research and innovation programs1 including-- 7#a7 advancing the institutional capacity and human resources of developing countries1 including the establishment and strengthening of national agricultural research and extension systems2 7#b7 conducting long-term collaborative research support programs with institutions of higher education in developing countries1 including the training of students1 teachers1 extension specialists1 nutritionists1 and researchers2 7#c7 developing a global network for scientific collaboration on agricultural development1 trade1 research1 and extension services2 7#d7 broadly disseminating agricultural research in developing countries1 in partnership with public and private extension systems1 cooperatives1 and other civil society organizations2 7#e7 expanding learning opportunities about agriculture and nutrition for students1 teachers1 small-scale food producers1 school administrators1 community leaders1 entrepreneurs1 and the general public in developing countries through international internships and exchanges1 graduate fellowships1 faculty positions1 and other means of education and extension1 with a focus on reaching women food producers2 7#f7 incentivizing the development of new and innovative technology and methods to increase agricultural productivity and improve nutritional status2 7#g7 developing scalable and cost-effective programs for training the next generation of agricultural researchers and research administrators in partner countries2 7#h7 advancing women's leadership in science and technology through proactive recruitment1 mentoring1 and targeted research support2 7#i7 formulating approaches to improving agricultural and nutrition education and extension that is relevant to agricultural producers1 their needs1 and the local environment2 7#aj7 creating platforms for improving national capacity to collect1 develop1 analyze1 and disseminate agricultural1 nutrition1 and market data2 and 7#aa7 developing mechanisms to hold research institutions accountable for delivering technologies to agricultural producers4 7b7 ,research priorities ,in providing assistance for agricultural research under this section1 the ,administrator should give priority to research that-- 7#a7 is aimed at improving food security2 7#b7 specifically addresses the nutritional needs of vulnerable populations2 7#c7 is appropriate to local conditions and practices2 7#d7 conserves the environment and natural resources and adapts to and mitigates the impacts of climate change2 and 7#e7 builds local capacity4 #abjf4 ,board for ,international ,food and ,agricultural ,development 7a7 ,establishment ,there is established a ,board for ,international ,food and ,agricultural ,development 7hereafter in this section referred to as the ,board74 ,the ,board shall report to the ,administrator4 7b7 ,purpose ,the purpose of the ,board is to advise and assist the ,administrator regarding the design and administration of assistance under section #abje4 7c7 ,duties ,the duties of the ,board shall include-- 7#a7 participating in the formulation of criteria for program design and project selection2 7#b7 evaluating the qualifications of interested institutions of higher education and the demonstrated commitment of such institutions to the purposes of this section2 7#c7 recommending appropriate focus countries for programs carried out under this section2 7#d7 assessing the impact of programs carried out under this section and making recommendations for improving the effectiveness of such programs2 and 7#e7 advising the ,administrator on such issues as the ,administrator may request4 7d7 ,membership 7#a7 ,number and appointment ,the ,board shall be composed of at least #g members1 of whom-- 7,a7 not less than four members shall be representatives of institutions of higher education2 and 7,b7 not less than three members shall be representatives of ,united ,states nongovernmental organizations or consortia of such organizations devoted to agricultural research1 education1 and development4 7#b7 ,terms 7,a7 ,in general ,subject to paragraph 7#b71 the ,administrator shall establish the term of membership for each member of the ,board at the time of appointment4 7,b7 ,limitations ,a term of membership to the ,board may not exceed two years and a member of the ,board may serve not more than two consecutive terms during the tenure of an ,administrator4 7e7 ,chairperson and vice chairperson ,the ,chairperson and ,vice ,chairperson of the ,board shall be designated by the ,administrator at the time of appointment to the ,board4 7f7 ,report 7#a7 ,in general ,the ,board shall submit to the ,administrator on an annual basis a report that describes the activities of the ,board during the preceding year and contains any other information that may be required by the ,administrator4 7#b7 ,availability to public ,the ,administrator shall make the report publicly available on the ,internet website of the ,agency4 7g7 ,meetings ,the ,board shall hold not less than #c meetings each year4 7h7 ,subordinate units ,the ,board may create such subordinate units as may be appropriate for the performance of its duties4 7i7 ,expenses ,the ,administrator may1 on a case-by-case basis as the ,administrator determines appropriate1 reimburse members of the ,board for expenses incurred in the performance of their duties 7including per diem in lieu of subsistence while away from their homes or regular place of business74 #abjg4 ,assistance to international and regional organizations ,the ,administrator is authorized to use funds made available under this chapter to build the long-term capacity of international1 regional1 and sub-regional organizations engaged in agricultural research and development and food security activities1 including-- 7#a7 the ,food and ,agricultural ,organization2 7#b7 the ,world ,food ,program2 7#c7 the ,international ,fund for ,agricultural ,development2 7#d7 the ,global ,agriculture and ,food ,security ,program2 and 7#e7 the ,consultative ,group on ,international ,agricultural ,research4 #abjh4 ,definitions ,in this chapter3 7#a7 ,food producers ,the term food producers includes farmers1 pastoralists1 fishers1 and other persons who cultivate or harvest plants or raise animals 7terrestrial or aquatic7 for consumption4 7#b7 ,institutions of higher education ,the term institutions of higher education means-- 7,a7 those colleges or universities in each ,state1 territory1 or possession of the ,united ,states1 or the ,district of ,columbia1 now receiving1 or which may hereafter receive1 benefits under the ,act of ,july #b1 #ahfb 7known as the ,first ,morrill ,act71 or the ,act of ,august #cj1 #ahij 7known as the ,second ,morrill ,act71 which are commonly known as land-grant universities2 7,b7 institutions now designated or which may hereafter be designated as sea-grant colleges under the ,act of ,october #ae1 #aiff 7known as the ,national ,sea ,grant ,college and ,program ,act71 which are commonly known as sea-grant colleges2 7,c7 ,native ,american land-grant colleges as authorized under the ,equity in ,educational ,land-,grant ,status ,act of #aiid 7#g ,u4,s4,c4 #cja note72 and 7,d7 other ,united ,states colleges and universities which-- 7i7 have demonstrable capacity in teaching1 research1 and extension 7including outreach7 activities in the agricultural sciences2 and 7ii7 can contribute effectively to the advancement of the goal and objectives of this chapter4 7#c7 ,rome principles ,the term ,rome ,principles means the ,rome ,principles for ,sustainable ,food ,security1 endorsed by #aic countries at the #bjji ,world ,summit on ,food ,security1 which are as follows3 7,a7 ,invest in country-owned plans1 aimed at channeling resources to well-designed and results-based programs and partnerships4 7,b7 ,foster strategic coordination at national1 regional and global level to improve governance1 promote better allocation of resources1 avoid duplication of efforts and identify response-gaps4 7,c7 ,strive for a comprehensive twin-track approach to food security that consists of-- 7i7 direct action to immediately tackle hunger for the most vulnerable1 and 7ii7 medium- and long-term sustainable agricultural1 food security1 nutrition and rural development programs to eliminate the root causes of hunger and poverty1 including through the progressive realization of the right to adequate food4 7,d7 ,ensure a strong role for the multilateral system by sustained improvements in efficiency1 responsiveness1 coordination and effectiveness of multilateral institutions4 7,e7 ,ensure sustained and substantial commitment by all partners to investment in agriculture and food security and nutrition1 with provision of necessary resources in a timely and reliable fashion1 aimed at multi-year plans and programs4 #c ,advancing health #acja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,saving and enhancing lives through better health is a moral imperative that reflects fundamental humanitarian values4 7#b7 ,strategic investments in global health can spur progress in economic development1 job creation1 education1 agricultural development1 gender equity and political stability4 7#c7 ,because disease knows no national bounds and can breed hopelessness and despair1 support for global health bolsters ,united ,states national security4 ,such support also builds constructive partnerships with other governments1 with multilateral institutions1 between public and private enterprises1 and from people to people4 7#d7 ,united ,states global health programs should prioritize the poorest and most vulnerable segments of the world's population1 including women1 newborns and children1 persons with disabilities1 and marginalized communities1 and should be designed with their participation wherever possible4 7#e7 ,research and innovation play a critical role in achieving health objectives worldwide1 fostering the development and introduction of new and improved health products and practices and contributing to better policies4 7#f7 ,for maximum effectiveness1 global health programs must be closely integrated with efforts to advance nutrition1 improve hygiene1 and expand access to clean water1 sanitation1 and housing4 7#g7 ,to make health investments sustainable over the long term1 the ,united ,states should help build the capacity of-- 7,a7 governments of partner countries to plan and budget responsibly1 allocate and disburse funds equitably1 and provide reliable and cost-effective health care2 and 7,b7 civil society to participate in decisionmaking1 carry out activities and monitor service delivery4 7#h7 ,in order to provide for sustainable financing of health care1 developing countries must create strong economies and stable tax bases4 7#i7 ,by setting clear goals and targets and identifying appropriate resources1 a comprehensive1 multiyear global health strategy can help to ensure policy focus and consistency1 promote program integration1 strengthen transparency and accountability1 build congressional and public support1 and accelerate results4 7#aj7 ,multilateral approaches offer a vital and necessary complement to bilateral programs4 ,by pooling their resources and harmonizing priorities1 the ,united ,states and multilateral organizations are better able to meet global challenges1 mobilize effective leadership and extend the reach and impact of programs4 7b7 ,statement of policy ,it is the policy of the ,united ,states to work in cooperation with the international community to save the greatest possible number of lives and to help countries develop their own capacity to improve the health of their own people4 #acjb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this chapter is to achieve sustained improvements in health status and health systems in partner countries4 7b7 ,objectives ,in furtherance of the goal of subsection 7a71 assistance under this chapter shall be designed to help partner countries achieve the following objectives1 including by strengthening health systems3 7#a7 ,saving the lives of mothers and children4 7#b7 ,protecting communities from disease1 both infectious and noncommunicable4 7#c7 ,creating an ,,aids-free generation4 7#d7 ,preventing unintended pregnancies and improving reproductive health4 #acjc4 ,global health strategy 7a7 ,in general ,the strategy required under section #ajai with respect to advancing health shall be known as the ,global ,health ,strategy4 7b7 ,contents ,the ,global ,health ,strategy shall include1 in addition to the elements required under section #ajai7;b71 plans for achieving the goal and objectives of section #acjb4 7c7 ,guidelines ,the ,global ,health ,strategy should-- 7#a7 focus on women1 girls1 and gender equality2 7#b7 encourage country ownership and invest in country-led plans2 7#c7 build sustainability through health systems strengthening2 7#d7 strengthen and leverage key multilateral organizations1 global health partnerships and private sector engagement2 7#e7 increase impact through strategic coordination and integration1 including with efforts in related areas such as nutrition1 water1 sanitation1 and hygiene2 7#f7 promote learning and accountability through monitoring and evaluation2 7#g7 accelerate results through research and innovation2 7#h7 address the health-related challenges posed by climate change and other environmental trends2 and 7#i7 safeguard the rights and dignity of health workers and patients4 #acjd4 ,assistance for health 7a7 ,authorization ,the ,administrator is authorized to use funds made available under section #ajae to further the goal and objectives of this chapter in partner countries4 7b7 ,activities ,assistance authorized under subsection 7a7 shall include-- 7#a7 supporting the development1 implementation1 monitoring and evaluation of a country's national health strategy2 7#b7 supporting the recruitment1 training1 management1 retention1 effectiveness and equitable distribution within each country of skilled health workers2 7#c7 facilitating the development of partnerships and collaboration with educational and research institutions1 private corporations1 nongovernmental organizations1 multilateral institutions and other donors1 both public and private2 7#d7 building the capacity of local nongovernmental organizations to participate effectively in the planning1 implementation1 monitoring and evaluation of health strategies and systems2 7#e7 strengthening financial management1 accounting1 auditing and reporting systems2 7#f7 establishing surveillance systems to detect1 identify1 and respond to emerging health threats1 including monitoring the spread of disease among animal and plant populations2 7#g7 identifying1 preparing for and responding to health-related threats posed by climate change1 pollution and other environmental factors2 7#h7 improving the quality and availability of health facilities at the national and local level2 7#i7 establishing and strengthening procurement and supply chain management systems to safely1 efficiently1 and equitably distribute medical and laboratory supplies2 7#aj7 supporting the development and implementation of national health information systems to securely track1 compile and manage data1 with appropriate privacy safeguards2 7#aa7 supporting evidence-based public health education initiatives that teach healthy habits and behaviors1 increase health literacy1 and encourage better utilization of the health system2 7#ab7 building government capacity to coordinate and harmonize the delivery of health services provided by various donors2 7#ac7 developing and improving laboratory research and testing capacity2 and 7#ad7 promoting a legal1 policy and regulatory framework conducive to the advancement of public health and sustainable health care financing4 7c7 ,programs ,assistance under this chapter includes programs-- 7#a7 for child survival and maternal health1 as described in subchapter ,a2 7#b7 to combat disease1 as described in subchapter ,b2 7#c7 for family planning and reproductive health1 as described in subchapter ,c2 and 7#d7 for research1 innovation and development of health technologies1 products and practices to advance global health and the objectives of this chapter4 #acje4 ,health principles and restrictions 7a7 ,principles ,funds made available to carry out this chapter shall be provided in accordance with the following principles3 7#a7 ,patients shall be provided with evidence-based1 high-quality1 courteous care that upholds internationally recognized human rights and protects human dignity4 7#b7 ,patients shall have their privacy respected and the confidentiality of their medical information protected to the maximum extent practicable1 with free access to their own health records4 7#c7 ,patients shall be provided with accurate health information and quality care on an equitable basis1 without discrimination of any kind1 coercion or violence1 and in a manner that prevents and reduces stigma4 7#d7 ,patients shall have the right to make their own decisions about their health1 and shall be provided with relevant1 current1 medically accurate and understandable information concerning preventive health1 diagnosis1 all available treatments1 and prognosis1 including the risks and benefits of each treatment and any costs involved1 except in emergency situations where the patient lacks decisionmaking capacity and the need for an intervention is urgent1 or where there is an imminent risk to public health4 7#e7 ,patients and individuals participating in biomedical research and experimental treatments shall do so on a strictly voluntary basis1 with valid informed consent processes in place1 and shall be fully advised of potential risks and benefits4 7b7 ,restrictions ,none of the funds made available to carry out this title may be used-- 7#a7 to coerce any person to undergo an abortion2 7#b7 for the performance of involuntary sterilization as a method of family planning2 or 7#c7 to coerce any person to undergo sterilization4 7c7 ,definitions ,in this section-- 7#a7 the term all available treatments means all treatments that are legally available in the partner country2 and 7#b7 the term patients includes the legal guardians of minors and persons who are incapacitated4 ,a ,child survival and maternal health #acaa4 ,child survival ,the ,administrator is authorized1 notwithstanding any other provision of law except for this chapter1 to use funds made available under this chapter for programs to reduce child mortality1 including the following3 7#a7 ,increasing access to and utilization of appropriate interventions to treat life-threatening childhood illnesses1 such as polio1 measles1 diarrhea1 and respiratory infections4 7#b7 ,improving child and maternal nutrition1 including the delivery of iron1 folic acid1 zinc1 vitamin ,a1 iodine1 and other key micronutrients and macronutrients4 7#c7 ,preventing the spread of childhood disease and improving child nutrition by expanding access to clean water1 improving sanitation1 and promoting good hygiene practices4 7#d7 ,reducing household dangers1 including exposure to environmental toxins and indoor smoke from cooking fires4 7#e7 ,strengthening early childhood development1 including through early nutrition1 parenting programs and early education4 7#f7 ,enhancing the quality1 availability and sustainability of key child health interventions by improving health care systems1 building local capacity1 and promoting positive health policies4 #acab4 ,maternal and newborn health ,the ,administrator is authorized1 notwithstanding any other provision of law except for this chapter1 to use funds made available under this chapter for programs to reduce the mortality of1 and improve the health of1 mothers and newborns1 including the following3 7#a7 ,strengthening preparation for childbirth through education1 antenatal care1 access to skilled birth attendants1 preventing1 detecting1 and treating infections1 and planning for transport4 7#b7 ,improving maternal and child nutritional status through dietary improvements1 nutrition education and appropriate micronutrient interventions4 7#c7 ,actively discouraging1 preventing and responding to harmful behaviors1 such as gender-based violence1 child marriage and female genital cutting4 7#d7 ,promoting safe delivery1 birth spacing1 and postpartum care1 including recognition1 referral1 and treatment of maternal and newborn complications4 7#e7 ,promoting healthy practices such as breastfeeding1 proper rest1 good hygiene1 and nutrition4 7#f7 ,preventing and responding to long-term disability as a result of pregnancy and birth1 including obstetric fistula and anemia4 7#g7 ,improving long-term capacity and systems of local institutions to provide quality maternal health care4 #acac4 ,assistance for orphans and other vulnerable children ,the ,administrator is authorized to use funds made available under this chapter to provide basic care and services for orphans and other vulnerable children1 including3 7#a7 ,enabling community-based organizations to provide basic care for orphans and other vulnerable children4 7#b7 ,providing school feeding1 including the purchase of local or regional foodstuffs where appropriate4 7#c7 ,increasing primary school enrollment through the elimination of school fees1 where appropriate1 or other barriers to education while ensuring that adequate resources exist for teacher training and infrastructure4 7#d7 ,providing employment training and related services for orphans and other vulnerable children who are of legal working age4 7#e7 ,protecting and promoting the legal and inheritance rights of orphans1 other vulnerable children1 and widows1 and addressing discrimination they often face4 7#f7 ,providing culturally appropriate psychosocial support to orphans and other vulnerable children4 7#g7 ,treating orphans and other vulnerable children with ,,hiv_/,,aids through the provision of pharmaceuticals1 the recruitment and training of individuals to provide pediatric treatment1 and the purchase of pediatric-specific technologies4 7#h7 ,improving the capacity of foreign government agencies and nongovernmental organizations to prevent child abandonment and provide permanent homes through family reunification1 guardianship and adoptions1 consistent with the ,hague ,convention on the ,protection of ,children and ,co-operation in ,respect of ,inter-,country ,adoption4 7#i7 ,increasing access to adequate housing and reliable1 safe drinking water1 sanitation1 and hygiene education and supplies4 7#aj7 ,integrating gender to ensure the unique needs of girl and boy orphans and vulnerable children are met4 ,b ,combating disease #acba4 ,assistance to combat ,,hiv_/,,aids1 tuberculosis1 and malaria 7a7 ,findings ,congress finds that-- 7#a7 the global ,,hiv_/,,aids pandemic poses a humanitarian1 economic and security crisis of unprecedented magnitude that requires urgent and sustained attention2 7#b7 worldwide1 women of childbearing age account for more than half of people living with ,,hiv_/,,aids2 7#c7 tuberculosis is the leading killer of people with ,,hiv_/,,aids1 and the spread of drug resistant tuberculosis presents a persistent public health threat to the ,united ,states2 7#d7 malaria imposes an enormous burden on the social and economic development of poor countries1 can be prevented through cost-effective means1 and can be cured if promptly diagnosed and adequately treated2 7#e7 the creation of the ,united ,states ,president's ,emergency ,plan for ,,aids ,relief 7,,pepfar7 in #bjjc was the largest commitment by any nation to combat a single disease1 establishing and expanding the infrastructure necessary to deliver prevention1 care1 and treatment services in low-resource settings2 7#f7 due to ,,pepfar and multilateral initiatives such as the ,global ,fund to ,fight ,,aids1 ,tuberculosis and ,malaria1 significant strides have been made in preventing new cases of disease1 treating affected persons1 training health care workers1 and educating families and communities2 and 7#g7 to be most sustainable and have the greatest positive impact1 programs to combat ,,hiv_/,,aids1 tuberculosis and malaria should be coordinated and integrated with other global health and health-related programs1 including maternal and child health1 family planning and reproductive health1 nutrition1 and water1 sanitation1 and hygiene4 7b7 ,authorization ,the ,president is authorized to use funds made available under this chapter to-- 7#a7 carry out the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,act of #bjjc 7,public ,law #ajh-be71 as amended by this ,act1 and other related laws1 including the ,tom ,lantos and ,henry ,j4 ,hyde ,united ,states ,global ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,reauthorization ,act of #bjjh 7,public ,law #aaj-bic71 the ,global ,,aids and ,tuberculosis ,relief ,act of #bjjj 7,public ,law #ajf-bfd71 and the ,international ,malaria ,control ,act of #bjjj 7,public ,law #ajf-egj72 and 7#b7 contribute to the ,global ,fund to ,fight ,,aids1 ,tuberculosis and ,malaria and the ,,gavi ,alliance4 7c7 ,other laws superseded ,the ,president may exercise the authority of subsection 7b7 notwithstanding any other provision of law1 except the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,act of #bjjc 7,public ,law #ajh-be71 as amended by this ,act4 7d7 ,coordination ,assistance provided under the authorities of this section or the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,act of #bjjc 7,public ,law #ajh-be7 shall be coordinated with all other health-related programs under this chapter and chapter #f1 and shall be included in the ,global ,health ,strategy required under section #acjc4 #acbb4 ,assistance to combat neglected tropical diseases 7a7 ,findings ,congress finds that-- 7#a7 more than #a1jjj1jjj1jjj people worldwide suffer from one or more painful1 debilitating tropical diseases1 which disproportionately impact poor and rural populations1 cause severe sickness and disability1 compromise mental and physical development1 contribute to childhood malnutrition1 reduce school enrollment1 and hinder economic productivity2 7#b7 many of these neglected tropical diseases 7,n,t,ds7 can be controlled and treated by providing safe and effective drug treatments1 improving access to clean water and improved sanitation1 and promoting good hygiene practices for individuals in affected communities2 and 7#c7 an integrated approach to controlling ,n,t,ds will address a root cause of poverty that affects a significant proportion of the world's population4 7b7 ,authorization ,the ,administrator is authorized to use funds made available under this chapter for the prevention1 treatment1 control1 and elimination of1 and research on1 neglected tropical diseases4 #acbc4 ,assistance for disease prevention1 control1 and treatment 7a7 ,findings ,congress finds that-- 7#a7 infectious diseases such as avian and pandemic influenza not only cause death and debilitating illness in the countries where new strains originate1 but can quickly spread around the world2 7#b7 the development and spread of antimicrobial resistance threatens to undermine global efforts to control tuberculosis and other bacterial diseases2 7#c7 developing countries are undergoing a rapid epidemiological transition from infectious diseases such as diarrhea and pneumonia to noncommunicable diseases such as cardiovascular disease1 cancer and diabetes1 which threatens to overwhelm their strapped health systems and cripple their fragile economies2 7#d7 mental health is an important but frequently overlooked or stigmatized aspect of health that requires effective and compassionate treatment and care2 7#e7 improvement in the capacity of developing countries to obtain and use good quality data for surveillance and effective response to emerging health threats helps to protect the health of ,united ,states citizens as well as that of local populations2 and 7#f7 disease-focused interventions are most effective when they-- 7,a7 reflect an evidence-based approach2 7,b7 are integrated across health programs through a common delivery platform2 and 7,c7 support increased collaboration and coordination among country-level stakeholders1 including partner country governments1 other public and private donors1 and international and nongovernmental organizations4 7b7 ,authorization ,the ,administrator is authorized to use funds made available under this chapter to provide assistance for the prevention1 treatment1 control1 and elimination of1 and research on1 infectious and noncommunicable diseases in partner countries4 ,c ,family planning and reproductive health #acca4 ,assistance for family planning and reproductive health 7a7 ,findings ,congress finds that-- 7#a7 reproductive health care is essential to reducing poverty1 improving living standards and protecting human dignity2 7#b7 throughout much of the world1 the lack of access by women1 particularly poor women1 to reproductive health care contributes to death and suffering1 limits women's ability to make decisions that affect their lives1 and undermines the efforts of families to lift themselves out of poverty2 7#c7 access to reproductive health care1 including voluntary family planning1 has a direct and important impact on child mortality1 especially infant mortality2 7#d7 closely spaced and ill-timed pregnancies and births contribute to high infant mortality rates1 and when mothers die as a result of giving birth1 their surviving infants have a greater risk of mortality and poor health status2 7#e7 in many developing countries where there are few hospitals1 few doctors1 and poor transportation systems1 and where women are not highly valued1 complications of labor often result in death of the mother2 7#f7 lack of availability of emergency obstetric care1 along with delays in seeking medical attention1 in reaching a medical facility1 and in receiving medical care once arriving at a facility1 contribute to the development of obstetric fistula1 increasing the risk of death for both mother and child2 7#g7 voluntary family planning allows women and couples to freely choose the number1 timing and spacing of pregnancies1 giving families and individuals greater control over their lives2 7#h7 young people are particularly at risk of engaging in unsafe sexual practices1 and should be provided with clear and evidence-based information to help them make informed decisions about their sexual and reproductive health and human rights1 including their right to be free from all forms of violence1 coercion and discrimination2 7#i7 practices such as child marriage and female genital cutting can harm the health of young people and deprive them of their dignity and human rights4 ,reproductive health care can play an important role in educating people about the dangers of these practices1 and is often the entry point for identification of gender-based violence and sexual abuse2 7#aj7 integrating reproductive health care1 including voluntary family planning1 with ,,hiv prevention programs is critical to combating ,,hiv_/,,aids1 and can assist in decreasing the stigma associated with a seropositive ,,hiv status2 7#aa7 integration of reproductive health care with other health-care and related social services increases the effectiveness and efficiency of the health system and meets people's needs for accessible1 acceptable1 convenient1 client-centered care2 7#ab7 international goals and targets for reducing poverty and improving maternal health require a significant investment in family planning and reproductive health care2 7#ac7 international partnerships are required to provide adequate financing for family planning and reproductive health care2 7#ad7 cooperating with multilateral and bilateral donors and the private sector can make commodities such as antiretrovirals1 maternal health equipment1 and contraceptive supplies more accessible for hard-to-reach populations2 and 7#ae7 by investing in reproductive health care1 including voluntary family planning1 the ,united ,states can improve maternal and child health1 lower ,,hiv infection rates1 reduce poverty and hunger1 advance girls' education1 promote gender equality1 broaden civic participation in the development process1 and slow the depletion of natural resources4 7b7 ,authorization ,the ,administrator is authorized to use funds made available under this chapter for reproductive health care programs1 including voluntary family planning1 in partner countries4 #accb4 ,reproductive health care in emergencies ,the ,administrator is authorized to use funds made available under this subchapter and under subtitle ,b for programs to provide reproductive health care during humanitarian emergencies and complex crises1 including3 7#a7 ,life-saving priority activities set out in the ,sphere ,project's ,humanitarian ,charter and ,minimum ,standards in ,disaster ,response4 7#b7 ,preventing sexual violence and providing medical care and psychosocial services to survivors of sexual violence4 7#c7 ,voluntary family planning for the duration of displacement4 #d ,expanding quality education #adja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,education is a basic human right1 indispensable for human capacity development and poverty eradication4 7#b7 ,basic education is fundamental to development4 ,no country has reached sustained economic growth without achieving near universal primary education4 7#c7 ,quality education reduces poverty and inequity1 lays the foundation for sound governance1 civic participation1 and strong institutions1 and equips people with the knowledge1 skills1 and self-reliance they need to increase income and expand opportunities for employment4 7#d7 ,while developing countries bear the ultimate responsibility for educating their children1 the ,united ,states and others donors can and should do more to help developing countries address their education needs4 7#e7 ,investing in girls' education delivers substantial returns not only in educational attainment but also in increasing women's and household incomes1 delaying the start of sexual activity1 reducing infant mortality1 increasing women's political participation1 spurring economic growth1 and delaying marriage4 7#f7 ,lack of access to adequate housing1 safe drinking water close to home1 and to private latrines near home and at school significantly impact girls' attendance and retention at school4 7#g7 ,education can help to protect children in conflict situations from physical harm1 exploitation1 and sexual abuse1 as well as to avoid the recruitment of children into armed groups and gangs4 7#h7 ,the large number of children who are not enrolled in school or who receive a poor quality education not only results in a loss of human potential1 but undermines stability and progress within communities and across nations4 7#i7 ,expanded access to primary and secondary education will increase the need for qualified teachers1 and the demand for quality colleges and universities4 7#aj7 ,exchange programs which bring citizens of developing countries to the ,united ,states for training1 while helpful in expanding individual opportunities for growth1 will not by themselves reach enough students and scholars to have a transformational effect on the economies and human resources of developing countries4 7#aa7 ,partnerships between educational institutions in the ,united ,states and developing countries are an important means for sharing knowledge1 experience and lessons learned for the benefit of all students4 7#ab7 ,resources to expand global education will be most effective and efficient if they are transparent1 increase coordination among governments1 private sector and civil society1 support national plans and hold all stakeholders accountable4 7b7 ,statement of policy ,it is the policy of the ,united ,states to work in cooperation with the international community to achieve quality universal basic education4 #adjb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this chapter is to increase access to quality education in partner countries4 7b7 ,objectives ,in furtherance of the goal of subsection 7a71 assistance under this chapter shall be designed to help partner countries achieve the following objectives3 7#a7 ,expanding access to basic education for all children1 particularly marginalized and vulnerable groups4 7#b7 ,improving the quality of basic education4 7#c7 ,raising adult literacy1 especially for women4 7#d7 ,reducing gender disparities in primary and secondary education4 7#e7 ,strengthening higher education partnerships and networks4 #adjc4 ,global education strategy 7a7 ,in general ,the strategy required under section #ajai with respect to expanding education shall be known as the ,global ,education ,strategy4 7b7 ,contents ,the ,global ,education ,strategy shall include1 in addition to the elements required under section #ajai7;b71 plans for achieving the goal and objectives of section #adjb4 7c7 ,guidelines ,the ,global ,education ,strategy should-- 7#a7 contribute to meeting internationally agreed education goals and targets2 7#b7 be directly responsive to partner country needs1 capacity1 and commitment1 strengthen partner countries' educational systems1 and be coordinated1 where possible1 with national education plans2 7#c7 pay particular attention to expanding educational opportunities for marginalized and vulnerable groups1 including girls1 children affected by or emerging from armed conflict or humanitarian crises1 disabled children1 children in remote or rural areas1 religious or ethnic minorities1 indigenous peoples1 orphans and children impacted by ,,hiv_/,,aids1 child laborers1 and victims of trafficking2 7#d7 identify ways to reduce the adverse impact of ,,hiv_/,,aids on education systems2 7#e7 address the challenges posed by large numbers of out-of-school1 unemployed youth2 7#f7 encourage and integrate contributions of strategic direction and financial resources from local and international private sector and civil society organizations1 including organizations that represent teachers1 students1 and parents1 interested in supporting quality universal basic education efforts2 7#g7 outline plans for ensuring a transition and continuity of educational activities in countries affected by or emerging from armed conflict or humanitarian crises2 7#h7 expand public-private partnerships in order to leverage resources2 7#i7 promote gender equity and improve educational opportunities for women and girls1 and strive to ensure safe schools1 equal access1 workforce opportunities1 leadership role development1 and the preservation of dignity and respect2 7#aj7 explain how basic education1 higher education1 vocational and technical education1 literacy instruction1 and other formal and nonformal training will be integrated with other activities under this title2 and 7#aa7 address the problem of financing education4 #adjd4 ,basic education assistance 7a7 ,authorization ,the ,administrator is authorized to use funds made available under section #ajae for basic education in accordance with the goal and objectives of this chapter4 7b7 ,activities ,assistance authorized under subsection 7a7 shall include-- 7#a7 increasing the supply of trained quality teachers1 and building systems for the continuing support1 training and professional development of all educators2 7#b7 developing and implementing effective1 relevant curricula2 7#c7 building the institutional capacity of a country to manage basic education systems and measure results2 7#d7 increasing parent and community involvement in schools2 7#e7 providing learning materials2 7#f7 working with communities to achieve equity in schools and address gender norms to build support for girls' education2 7#g7 promoting the development and effective use of systems for data collection1 monitoring and evaluation of student-learning outcomes2 7#h7 improving and expanding educational infrastructure2 7#i7 reducing or eliminating fees for tuition1 uniforms and school materials1 as well as other barriers to school attendance1 for poor and marginalized children2 7#aj7 improving young children's capacity to learn through early childhood development programs2 7#aa7 supporting interventions that increase school attendance and performance1 such as scholarships1 school lunch1 school health1 and water and sanitation programs2 7#ab7 ensuring that schools are not incubators for violent extremism2 7#ac7 providing life skills training and civic education1 including on human rights1 gender equity1 and conflict resolution2 7#ad7 making schools safe and secure places for learning1 free of violence1 harassment1 exploitation1 or intimidation2 7#ae7 increasing access to education1 improving learning outcomes and increasing educational opportunities for the most disadvantaged populations2 7#af7 ensuring continuation or reestablishment of educational programs and the provision of safe spaces for children in areas of armed conflict or humanitarian crisis2 7#ag7 increasing the relevance of formal education systems to the needs of the poor and to disaffected youth1 through reform of curricula1 teaching materials1 and teaching methods1 and improved teacher training2 7#ah7 expanding vocational and entrepreneurship skills and opportunities1 especially for out-of-school youth1 in close linkage with the private sector and in response to market needs2 7#ai7 supporting multilateral coordination and financing initiatives for education2 and 7#bj7 promoting the value of education and increasing community and family awareness of the positive impact of education4 7c7 ,definition ,in this chapter1 the term basic education means an education1 generally consisting of completion of #i-aj years of schooling1 including efforts to improve early childhood development1 primary education1 secondary education1 literacy and numeracy training1 and life-skills training that prepares an individual to be an active1 productive member of society and the workforce4 #adje4 ,higher education partnerships 7a7 ,findings ,congress finds that-- 7#a7 basic and higher education are interrelated and together play a critical role in reducing poverty1 promoting economic growth1 strengthening democracy1 stemming corruption1 alleviating ethnic tensions1 and enhancing stability2 7#b7 higher education institutions foster critical thinking1 scientific discovery1 entrepreneurship and innovation in local communities as well as at the national and international level2 7#c7 higher education is essential for developing human capacity to create the next generation of political1 professional and business leadership1 build an effective and accountable civil service1 improve the quality and availability of social services1 and strengthen the rule of law2 7#d7 partnerships between institutions of higher education in the ,united ,states and developing countries can-- 7,a7 increase the quality and availability of1 and access to1 higher education for secondary school graduates2 7,b7 support the professional development of faculty and staff1 strengthen institutional and financial management1 and streamline administrative procedures2 7,c7 expand course offerings1 academic resources and research opportunities for students and faculty2 7,d7 foster continuing professional relationships that build international understanding and collaboration2 and 7,e7 facilitate the sharing of knowledge1 the identification of common research interests and challenges1 and the resolution of complex problems2 and 7#e7 partnerships between businesses and higher education institutions in developing countries can help to meet the significant and growing demand for business professionals within both the private and public sectors in developing countries4 7b7 ,statement of policy ,it is the policy of the ,united ,states to encourage the expansion and strengthening of higher education in developing countries1 through partnerships with educational institutions1 businesses1 and nonprofit organizations in the ,united ,states4 7c7 ,authorization ,the ,administrator is authorized to use assistance made available under this chapter to expand and strengthen institutions of higher education in developing countries through partnerships with-- 7#a7 institutions of higher education in the ,united ,states2 7#b7 businesses in the ,united ,states2 7#c7 nonprofit organizations with experience in the areas of academic institution-building and entrepreneurial and managerial development2 and 7#d7 international organizations4 7d7 ,activities ,assistance provided under subsection 7c7 shall include-- 7#a7 building the capacity of higher education institutions in partner countries2 7#b7 developing academic programs and centers of excellence in areas critical to the partner country's economic development2 and 7#c7 improving the quality and availability of1 and access to1 higher education for students in partner countries4 #e ,protecting and restoring the natural environment #aeja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,sound natural resource management1 healthy levels of species diversity1 and functioning natural ecosystems are vital to sustainably reducing poverty in developing countries4 7#b7 ,natural ecosystems1 when properly managed1 provide economic value to local communities in the form of water1 food1 medicine1 energy1 household products1 tourism and trade1 as well as contributing to the global common good4 7#c7 ,nature provides important services for human well-being4 ,for example1 forests1 floodplains1 and wetlands are a natural bulwark against catastrophic flooding and severe drought1 and coral reefs and mangroves reduce the impact of large storms on coastal populations1 thereby reducing damages from extreme weather and the need for disaster assistance4 7#d7 ,natural ecosystems serve as a buffer between wildlife and human populations1 minimizing the transmission of highly infectious diseases from animals to people4 7#e7 ,many of the most commonly prescribed medicines in the ,united ,states are derived directly from natural compounds or patterned after them4 ,the preservation of natural areas and wild species offers the world a rich source of potential cures and treatments for disease and pain4 7#f7 ,the survival of many animal and plant species is endangered by poaching and excessive harvesting1 by the presence of toxic chemicals in water1 air and soil1 and by the destruction of habitats4 7#g7 ,degradation of land and water resources impedes efforts to improve agricultural productivity1 which will be critical to feeding the world's growing population and is a key engine of economic growth in developing countries4 7#h7 ,the construction of dams and expansion in biofuel production in developing countries without the necessary environmental safeguards or consultation with the local populations threatens the sustainability of aquatic ecosystems and the services they provide for purifying1 storing1 and delivering water4 7#i7 ,the continuing and accelerating alteration1 destruction1 and loss of forests and other natural habitats in developing countries can result in-- 7,a7 shortages of fuel2 7,b7 loss of biologically productive wetlands2 7,c7 siltation of lakes1 reservoirs1 and irrigation systems2 7,d7 floods1 soil erosion and landslides2 7,e7 decimation and dislocation of indigenous peoples2 7,f7 extinction of plant and animal species2 7,g7 reduced capacity for food production2 7,h7 loss of genetic resources2 7,i7 desertification2 7,j7 increased greenhouse gas emissions2 and 7,k7 destabilization of the earth's climate4 7#aj7 ,women often are especially vulnerable to the impact of natural resource degradation and climate change because they produce most of the food and collect most of the water and firewood in many countries4 7#aa7 ,mismanagement and unregulated exploitation of natural resources has fueled conflict and corruption in many developing countries4 7#ab7 ,illicit trade in natural resources not only robs poor countries of valuable economic and environmental resources1 but often perpetrates political instability and human rights abuses1 including sexual violence and the use of children as soldiers1 bonded labor and sex slaves4 7#ac7 ,illegal logging1 fishing1 and mining in developing countries flood the international market with low-cost products that undercut the competitiveness of responsible companies in the ,united ,states4 7#ad7 ,economic growth generally raises energy consumption1 and often results in increased emissions of greenhouse gases as well as greater pollution of air1 land1 and water4 7#ae7 ,if current trends in the degradation of natural resources in developing countries continue1 they will severely undermine the best efforts to meet basic human needs1 to achieve sustained economic growth1 and to prevent international tension and conflict4 7#af7 ,animals1 including livestock1 companion animals1 and wildlife1 are important to human economic1 environmental1 and social development as well as to human quality of life4 ,animals and the people who depend upon them in developing countries will be particularly vulnerable to climate-related natural disasters unless adaptation and mitigation measures are utilized4 7#ag7 ,the world faces enormous1 urgent1 and complex challenges in conserving and protecting natural resources while fostering economic development1 requiring extensive and sustained cooperation between the ,united ,states1 developing countries and the international community as a whole4 7b7 ,statement of policy ,it is the policy of the ,united ,states to work in cooperation with the international community to reduce biodiversity loss and the degradation of natural ecosystems1 adapt to and mitigate climate change1 and integrate principles of environmental sustainability into policies and programs for international development4 #aejb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this chapter is to help partner countries maximize the environmental sustainability of their development policies and programs4 7b7 ,objectives ,in furtherance of the goal described in subsection 7a71 assistance under this chapter shall be designed to help partner countries achieve the following objectives3 7#a7 ,protecting and restoring natural ecosystems4 7#b7 ,conserving biological diversity4 7#c7 ,mitigating and adapting to climate change4 7#d7 ,reducing pollution of air1 land and water4 7#e7 ,increasing energy efficiency4 7#f7 ,expanding access to clean1 renewable energy sources and technologies4 7#g7 ,building capacity for sound natural resource management4 7c7 ,implementation ,assistance under this chapter should be implemented in a manner that-- 7#a7 incorporates and aligns with partner country strategies1 plans and priorities2 7#b7 gives due regard to the rights and interests of local and forest-dependent communities1 indigenous peoples1 and marginalized and vulnerable social groups1 and ensures their full and effective participation in all stages of program planning1 implementation1 and evaluation2 and 7#c7 promotes and integrates women's empowerment and gender equality4 #aejc4 ,global conservation strategy 7a7 ,in general ,the strategy required under section #ajai with respect to protecting and restoring the natural environment shall be known as the ,global ,conservation ,strategy4 7b7 ,contents ,the ,global ,conservation ,strategy shall include1 in addition to the elements required under section #ajai7;b71 plans for achieving the goal and objectives of section #aejb4 7c7 ,guidelines ,the ,global ,conservation ,strategy should-- 7#a7 establish priority countries1 regions or natural ecosystems for reducing environmental degradation2 7#b7 identify the economic1 health1 and conflict-prevention benefits to be achieved through implementation of the strategy2 7#c7 establish policy guidance to link investments in specific conservation programs to the broader goals of reducing poverty and alleviating human suffering1 and to integrate environmental goals into country-based and sector-based strategies2 7#d7 identify and improve ,united ,states policies that affect the conservation of critical natural resources and biodiversity abroad2 7#e7 seek to encourage and leverage participation from the private sector1 other donor governments1 governments of developing countries1 international financial institutions1 and other international organizations to implement the strategy2 7#f7 address the anticipated effects of climate change on highly vulnerable communities and populations and on the achievement of key objectives2 and 7#g7 include a review of all executive orders and regulations that may have an impact on the strategy4 #aejd4 ,assistance for environmental sustainability 7a7 ,authorization ,the ,administrator is authorized to use funds made available under section #ajae to further the goal and objectives of this chapter in partner countries4 7b7 ,activities ,assistance provided under subsection 7a7 shall include the following3 7#a7 ,protecting and restoring natural ecosystems 7,a7 ,conserving1 sustainably managing1 and restoring natural ecosystems4 7,b7 ,establishing1 restoring1 protecting1 and maintaining protected areas1 parks and reserves4 7,c7 ,developing and improving governance structures1 resource rights and responsibilities1 and land use planning to reduce degradation1 destruction1 and illegal use of natural ecosystems4 7,d7 ,reducing greenhouse gas emissions from land use and land-use change1 the destruction of wetlands and peatlands and forestry1 including deforestation and forest degradation and enhancement of forest carbon stocks4 7,e7 ,studying and assessing the economic value of natural ecosystems and their contributions to addressing poverty-related issues4 7,f7 ,developing alternatives and disincentives to destructive farming1 fishing1 and forestry practices4 7#b7 ,conserving biological diversity 7,a7 ,protecting and maintaining wildlife and plant habitats1 both land and sea4 7,b7 ,developing sound wildlife management and plant conservation policies and programs at the local1 national1 and international levels4 7,c7 ,identifying1 studying1 and cataloging animal and plant species4 7,d7 ,establishing effective policies and regulations to reduce loss of biological diversity4 7,e7 ,enacting and enforcing anti-poaching measures1 including through alternative livelihood opportunities4 7,f7 ,educating local communities1 including civil society organizations1 governments and intermediate representative institutions1 about the importance and benefits of conserving biological diversity4 7#c7 ,mitigating and adapting to climate change 7,a7 ,researching and assessing climatological and socioeconomic factors to identify and prioritize vulnerable populations and natural ecosystems and likely impacts4 7,b7 ,developing national and regional climate change adaptation and mitigation plans4 7,c7 ,planning1 financing and implementing adaptation programs and activities4 7,d7 ,increasing resilience to and preparedness for climate change and its impacts among highly vulnerable communities and populations1 including through capacity building4 7,e7 ,supporting the identification and adoption of appropriate renewable and efficient energy technologies4 7#d7 ,reducing pollution of air1 land and water 7,a7 ,monitoring1 regulating1 and mitigating pollutants to air1 land and water4 7,b7 ,designing1 promoting and utilizing clean technologies and practices4 7,c7 ,increasing the quality1 quantity1 and transparency of data regarding the monitoring1 regulation and mitigation of pollutants4 7,d7 ,developing public awareness campaigns and promoting civic participation in environmental stewardship4 #aeje4 ,assistance for sustainable energy and natural resource management 7a7 ,findings ,congress finds the following3 7#a7 ,access to energy is essential for economic growth1 public health1 clean water1 sanitation1 transportation1 communication1 agricultural activities1 and the overall progress of developing countries4 7#b7 ,many developing countries lack access to the financial resources and technology necessary to locate1 explore1 and develop indigenous natural resources4 7#c7 ,black carbon contributes to pollution1 health concerns1 and significantly warms the ,earth's climate system by absorbing radiation1 converting it into heat1 and releasing heat energy into the atmosphere4 7#d7 ,clean1 efficient and renewable energy sources are vital to sustain economic growth and protect human health4 7#e7 ,energy must be accessible to the poor in order to ensure that basic human needs are met4 7#f7 ,title ,v of the ,nuclear ,non-,proliferation ,act of #aigh 7#bb ,u4,s4,c4 #cbfa et seq47 requires the ,united ,states to work with developing countries in assessing and finding ways to meet their energy needs through alternatives to nuclear energy that are consistent with economic factors1 material resources1 and environmental protection4 7#g7 ,proper management of natural resources can provide the basis for sustainable development while the mismanagement and unregulated exploitation of natural resources has fueled conflict and corruption in many countries around the world4 7b7 ,authorization ,the ,administrator is authorized to use funds made available under this chapter for programs to promote clean energy technologies1 responsible stewardship of natural resources1 and reliable access by the poor to energy4 7c7 ,activities ,assistance authorized under subsection 7b7 shall include the following3 7#a7 ,increasing energy efficiency 7,a7 ,development of sound national energy and electricity plans4 7,b7 ,improving the efficiency of electricity transmission1 distribution1 and consumption4 7,c7 ,building local capacity to monitor and regulate the energy sector4 7#b7 ,expanding access to clean1 renewable energy sources and technologies 7,a7 ,improving the availability of renewable electricity generation from wind1 solar1 sustainably and locally produced biomass1 geothermal1 marine1 or hydrokinetic sources4 7,b7 ,expanding the deployment of low or zero emission technologies4 7,c7 ,increasing access to clean energy technologies1 especially in rural areas4 7,d7 ,improving transportation system and vehicle efficiency4 7,e7 ,reducing black carbon emissions1 including through the use of clean cookstoves4 7,f7 ,building local capacity to operate1 maintain and improve clean energy technologies4 7,g7 ,mitigating the impacts of energy alternatives on natural resources and natural ecosystems 7#c7 ,building capacity for sound natural resource management 7,a7 ,enhancing the transparency of revenues generated from natural resource extraction4 7,b7 ,improving the security of land tenure and property rights1 especially for marginalized groups4 7,c7 ,building local capacity to assess1 monitor1 and regulate access to natural resources and to evaluate the social and environmental effects of extraction4 7,d7 ,improving local capacity to assess the value of environmental services4 #aejf4 ,environmental restrictions 7a7 ,restriction ,assistance authorized under this subtitle shall not be provided for programs1 projects1 and activities that-- 7#a7 introduce invasive and nonnative plant species2 7#b7 cause the destruction or degradation of existing natural ecosystems1 natural parks1 or similar protected areas2 7#c7 result in or cause a loss of biological diversity or adversely impact rare1 threatened1 or endangered plant and animal species2 7#d7 involve destructive farming1 fishing1 and forest harvesting practices such as slash and burn agriculture2 or 7#e7 provide for the construction of dams or other water control structures that flood natural ecosystems4 7b7 ,waiver ,the ,administrator may waive the restrictions contained in subsection 7a7 if the ,administrator determines and reports to the appropriate congressional committees that-- 7#a7 the proposed program1 project1 or activity is vital to improving the livelihoods of the rural poor2 7#b7 the proposed program will be conducted in an environmentally sound manner that supports sustainable development2 and 7#c7 appropriate mitigation activities will be undertaken4 #aejg4 ,environmental impact statements and assessments 7a7 ,in general ,in implementing programs1 projects1 and activities under this subtitle1 the ,administrator shall take fully into account the impact of such programs and projects upon the environment and natural resources of developing countries4 7b7 ,required statements and assessments ,subject to such procedures as the ,administrator considers appropriate1 the ,administrator shall require that all agencies and officials responsible for programs1 projects1 and activities under this subtitle prepare and take fully into account-- 7#a7 an environmental impact statement for any proposed program1 project1 or activity significantly affecting the environment of the global commons outside the jurisdiction of any country1 the environment of the ,united ,states1 or other aspects of the environment which the ,administrator may specify2 and 7#b7 an environmental assessment of any proposed program1 project1 or activity significantly affecting the environment of any foreign country4 7c7 ,matters ,to be included ,environmental impact statements and environmental assessments undertaken pursuant to subsection 7b7 shall include-- 7#a7 recommendations for possible alternatives and mitigation measures2 7#b7 an estimate of greenhouse gas emissions attributable to the program1 project1 or activity2 and 7#c7 a special review of any project that will emit more than #ajj1jjj tons of carbon dioxide4 7d7 ,local technical resources ,environmental impact statements and environmental assessments undertaken pursuant to paragraph 7b7 should1 to the maximum extent feasible1 use local technical resources4 7e7 ,exceptions ,the ,administrator may establish exceptions from the requirements of this section for emergency conditions and for cases in which the ,administrator determines that compliance with those requirements would be seriously detrimental to the foreign policy interests of the ,united ,states4 7f7 ,public availability 7#a7 ,in the united states ,all environmental impact statements and environmental assessments shall be published on the ,internet website of the ,agency not later than #cj days following their completion1 and may be accompanied by the ,agency's response to the findings therein4 7#b7 ,in affected countries ,to the extent feasible1 all environmental assessments shall be translated into the local language7s7 of the affected communities and made available to the partner government1 local and international nongovernmental organizations1 and affected communities4 #aejh4 ,definitions ,in this chapter3 7#a7 ,natural ecosystem ,the term natural ecosystem means a dynamic set of living organisms1 including plants1 animals1 and microorganisms interacting among themselves and with the environment in which they live1 and includes tropical forests1 freshwater1 coastal1 estuarian and fisheries habitats1 coral reefs1 natural grasslands1 and mangrove forests4 7#b7 ,greenhouse gas ,the term greenhouse gas means carbon dioxide1 methane1 nitrous oxide1 sulfur hexafluoride1 hydrofluorocarbons emitted from a chemical manufacturing process at an industrial stationary source1 any perfluorocarbon1 nitrogen trifluoride1 any other anthropogenic gas designated as a greenhouse gas by the ,administrator for purposes of this chapter4 7#c7 ,highly vulnerable communities and populations ,the term highly vulnerable communities and populations means communities and populations that are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts1 including impoverished communities1 children1 women1 and indigenous peoples4 7#d7 ,most vulnerable developing countries ,the term most vulnerable developing countries means1 as determined by the ,administrator1 developing countries that are at risk of substantial adverse impacts of climate change and have limited capacity to respond to such impacts1 considering the approaches included in any international treaties and agreements4 #f ,improving access to safe water1 sanitation1 and housing #afja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,clean water and sanitation are among the most powerful drivers for human development4 ,they extend opportunity1 enhance dignity1 and help create a virtuous cycle of improving health and rising wealth4 7#b7 ,unsafe drinking water1 inadequate sanitation1 and unsuitable and unhygienic living conditions exact an enormous toll on human health in developing countries1 particularly for infants and children4 7#c7 ,diseases linked to unsafe water and poor sanitation1 as well as the time and energy women often devote to collecting water1 significantly reduce economic productivity in less developed countries and promote lifecycles of disadvantage4 7#d7 ,water scarcity has negative consequences for agricultural productivity and food security1 and seriously threatens international ability to increase food production at the rate required to meet the needs of the world's growing population4 7#e7 ,the underlying cause of water scarcity in the large majority of cases is institutional and political1 and requires sustainable and effective water resource management4 7#f7 ,demand for water resources has contributed to armed conflict in many parts of the world1 while conflict and civil strife often reduce access to clean water and sanitation for displaced persons and other innocent victims4 7#g7 ,the continued degradation of watersheds threatens the benefits that healthy natural systems provide1 and on which people rely4 7#h7 ,the effects of climate change are expected to produce severe consequences for water availability and resource management in many developing countries1 which could result in severe and chronic water shortages4 7#i7 ,unsuitable and unhygienic living conditions can exact a heavy toll on human health and productivity4 ,adequate housing is often a precondition for the enjoyment of various civic and human rights1 including the rights to work1 vote1 obtain education1 receive health care1 and access other social services4 7#aj7 ,rapid urbanization and future population growth are expected to exacerbate already limited access to water1 as well as to adequate housing4 7#aa7 ,approximately half the world's population lives in cities1 often in slums characterized by unsafe water1 poor sanitation1 lack of basic services1 overcrowding1 inferior construction and insecure tenure4 ,because slum populations are growing rapidly1 they require increased attention and better integrated programming4 7#ab7 ,inadequate laws1 policies and enforcement mechanisms to protect real property use1 lease1 and ownership rights often subject slum dwellers to arbitrary1 often supra-market rents1 forced evictions1 threats1 and harassment4 7#ac7 ,insecurity of tenure severely inhibits economic development by undermining investment incentives and constraining the growth of credit markets1 imperils the ability of families to achieve sustainable livelihoods and assured access to housing1 and often contributes to conflict over property rights4 7#ad7 ,women are affected disproportionately by forced evictions and insecure tenure as a result of gender discrimination1 often including gender-biased laws that define women as legal minors or otherwise prevent them from owning or leasing land1 property1 and housing1 making them more vulnerable to poverty1 violence1 and sexual abuse4 7#ae7 ,expanding access to clean water1 sanitation1 and housing is essential for reducing the global burden of disease1 advancing economic and social development1 protecting basic human rights1 and mitigating sources of conflict4 7b7 ,statement of policy ,it is the policy of the ,united ,states to recognize the human right to water and adequate housing1 and to work in cooperation with the international community to ensure access to safe water1 sanitation and adequate housing for all people4 #afjb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this chapter is to improve living conditions and basic human dignity for the world's poorest people4 7b7 ,objectives ,in furtherance of the goal of subsection 7a71 assistance under this chapter shall be designed to help partner countries achieve the following objectives3 7#a7 ,expanding access to sufficient1 safe1 and affordable water for personal and domestic use4 7#b7 ,upgrading and expanding basic sanitation4 7#c7 ,increasing access to adequate housing4 7#d7 ,improving the management of water and related resources for greater sustainability4 7#e7 ,enhancing planning for sustainable urban development4 #afjc4 ,global strategy for water1 sanitation and housing 7a7 ,in general ,the strategy required under section #ajai with respect to improving access to safe water1 sanitation1 and housing shall be known as the ,global ,water1 ,sanitation and ,housing ,strategy4 7b7 ,contents ,the ,global ,water1 ,sanitation and ,housing ,strategy shall include1 in addition to the elements required under section #ajai7;b71 plans for achieving the goal and objectives of section #afjb4 7c7 ,guidelines ,the ,global ,water1 ,sanitation and ,housing ,strategy should-- 7#a7 include targets for providing1 on a sustainable basis1 first-time access to safe water1 basic sanitation1 and adequate housing2 7#b7 prioritize improvements for the poorest people living under the most inadequate conditions2 7#c7 explain how policies and programs relating to water1 sanitation and housing will be integrated with other policies and programs under this title2 7#d7 explain how programs and policies under the strategy will contribute to meeting internationally agreed targets relating to access to safe drinking water and basic sanitation and improving the lives of slum dwellers2 7#e7 maximize efficiency in water use and sustainability of water supplies2 7#f7 identify and promote best practices for mobilizing and leveraging public-private partnerships2 7#g7 address the effects of climate change on achieving the goal of this chapter2 7#h7 evaluate the impact of urbanization and general migration trends on water1 sanitation1 and housing2 7#i7 utilize expertise within the ,united ,states ,government by improving policy and program coordination among relevant ,federal agencies1 including the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,millennium ,challenge ,corporation1 the ,centers for ,disease ,control and ,prevention1 the ,national ,oceanic and ,atmospheric ,administration1 the ,united ,states ,geological ,survey1 and the ,environmental ,protection ,agency2 and 7#aj7 strengthen strategic coordination with1 build on the expertise of1 and encourage contributions from1 a wide variety of stakeholders1 including partner governments1 the private sector and nongovernmental organizations4 #afjd4 ,assistance for water1 sanitation and housing 7a7 ,authorization ,the ,administrator is authorized to use funds made available under section #ajae to further the goal and objectives of this chapter in partner countries4 7b7 ,activities ,assistance authorized under subsection 7a7 shall include the following3 7#a7 ,expanding access to clean water and sanitation 7,a7 ,assessing water1 sanitation1 and hygiene needs4 7,b7 ,developing additional1 affordable1 accessible1 and reliable water supplies4 7,c7 ,expanding the coverage of existing water and sanitation systems to reach previously underserved populations4 7,d7 ,improving water and sanitation infrastructure4 7,e7 ,increasing the safety1 reliability1 and sustainability of1 and equity in access to1 water supplies1 sanitation infrastructure1 and hygiene services4 7,f7 ,promoting more efficient and sustainable use of water supplies4 7,g7 ,fostering integrated river basin and watershed management4 7,h7 ,increasing awareness and use of healthy hygiene practices4 7,i7 ,building the capacity of partner countries to plan and manage water resources in an efficient1 transparent1 inclusive and environmentally sustainable manner4 7,j7 ,promoting international and regional cooperation to share technologies and best practices4 7,k7 ,mitigating conflict over water resources4 7,l7 ,conducting research and developing technology to further the goal and objectives of this chapter4 7#b7 ,expanding access to adequate housing 7,a7 ,assessing housing and infrastructure needs4 7,b7 ,upgrading existing housing to meet international humanitarian standards4 7,c7 ,incentivizing the construction of affordable housing units4 7,d7 ,improving community infrastructure1 such as sidewalks1 drainage ditches1 and public lighting4 7,e7 ,enhancing recognition and protection of legal rights to the ownership1 lease and use of real property4 7,f7 ,reducing gender and other discrimination in housing1 property ownership1 and municipal services4 7,g7 ,developing and enforcing reasonable housing and construction codes to protect low-income residents and buyers4 7,h7 ,encouraging the development and expansion of commercially oriented housing markets in partner countries1 including home mortgage and insurance markets and financing for municipal infrastructure4 7,i7 ,building the capacity of partner countries for improved urban planning and management4 #afje4 ,definitions ,in this chapter-- 7#a7 the term adequate housing means housing that meets international humanitarian standards and includes-- 7,a7 legal security of tenure2 7,b7 availability of services1 materials1 facilities1 and infrastructure2 7,c7 affordability2 7,d7 habitability2 7,e7 accessibility2 7,f7 location2 and 7,g7 cultural adequacy2 and 7#b7 the term living conditions means the adequacy of water1 sanitation1 and housing for human habitation4 #g ,fostering gender equality #agja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,women and girls are the majority of the world's poor1 unschooled1 unhealthy1 and underfed4 7#b7 ,women around the world often work under substandard conditions1 for longer hours1 and with lower compensation1 less income stability and fewer economic opportunities than men4 7#c7 ,women are often excluded by law or practice from participating fully and equally in the political1 economic1 and social life of their country4 7#d7 ,women own significantly less land than men and experience numerous barriers to ownership4 ,access to land and property rights offers women greater economic opportunity and security1 greater protection from physical harm1 better access to health1 education1 and financial services1 and improved social status4 7#e7 ,displaced1 refugee1 and stateless women and girls in humanitarian emergencies1 conflict settings1 and natural disasters are at extreme risk of violence1 exploitation and intimidation4 7#f7 ,violence against women dramatically impedes progress in meeting global health goals1 including efforts to reduce maternal mortality and reverse the spread of ,,hiv_/,,aids4 7#g7 ,ensuring that women have the ability to effectively plan families is one of the keys to expanding their economic opportunities4 ,yet hundreds of millions of women lack access to affordable1 effective1 and appropriate contraceptive methods and reproductive health care1 putting them at greater risk of unintended pregnancies and serious health complications4 7#h7 ,studies have shown that investments in women and girls have broad multiplier effects1 particularly in the areas of health and education1 which over the long run can significantly improve the future of communities and countries4 7#i7 ,investments in women and girls can play a key role in reducing poverty1 countering violent extremism1 promoting stability1 fostering tolerance and reconciliation1 and building strong and vibrant civil societies4 7#aj7 ,increasing women's access to economic opportunities is crucial to preventing and responding to domestic and sexual violence4 7#aa7 ,fostering gender equality requires strengthening rules1 practices1 and institutions that protect the rights of women and men1 girls and boys1 as well as including them in the design1 implementation1 and monitoring of programs to reduce poverty and alleviate human suffering4 7b7 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 invest in women and girls in partner countries as a matter of justice and human rights as well as to promote sustainable development and achieve internationally agreed development goals2 7#b7 include women and the organizations that represent them in the design1 implementation1 and monitoring of programs under this title2 7#c7 mainstream into the design1 implementation1 and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on women and girls1 men and boys2 and 7#d7 promote equal opportunities for all people1 regardless of sex1 to achieve their personal potential and maximize their contributions to the development of their families1 communities1 and countries4 #agjb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this chapter is to promote women's empowerment1 gender equality1 and gender integration4 7b7 ,objectives ,in furtherance of the goal of subsection 7a71 assistance under this chapter shall be designed to help partner countries achieve the following objectives3 7#a7 ,increasing educational1 economic1 and political opportunities for women and girls4 7#b7 ,building the capacity of women and girls to participate fully in decisions that affect their lives4 7#c7 ,reducing legal and social barriers to women's participation in economic activity and political processes4 7#d7 ,expanding the collection of sex-disaggregated data and the use of gender analysis4 7#e7 ,integrating gender considerations into all international development policies and programs1 including those carried out by all ,,usaid bureaus1 offices1 and missions4 #agjc4 ,global strategy for gender equality 7a7 ,in general ,the strategy required under section #ajai with respect to fostering gender equality shall be known as the ,global ,strategy for ,gender ,equality4 7b7 ,contents ,the ,global ,strategy for ,gender ,equality shall include1 in addition to the elements required under section #ajai7;b71 plans for achieving the goal and objectives in section #agjb4 7c7 ,guidelines ,the ,global ,strategy for ,gender ,equality should-- 7#a7 be coordinated and integrated with the comprehensive international strategy to prevent and respond to violence against women and girls1 as required under section #cbjc1 and with each sector strategy of development1 as described in section #ajai2 7#b7 include plans for preventing child marriage2 7#c7 address the ways in which the exclusion of1 and discrimination against1 women hinders economic growth and heightens the risks of conflict and instability2 7#d7 discuss exclusionary and discriminatory practices that are particularly harmful for the achievement of ,united ,states development goals and identify the countries in which such practices occur2 7#e7 include plans for hiring1 training1 deploying and retaining a diverse ,,usaid workforce with appropriate expertise and responsibility for promoting women's empowerment1 gender equality and gender integration around the world2 7#f7 establish policy and guidance for integrating gender considerations into all other international development strategies and programs2 7#g7 ensure that the goal and objectives of this chapter are reflected in the ,,usaid's procurement regulations and procedures2 and 7#h7 build accountability for gender integration into monitoring and evaluation systems4 7d7 ,preparation ,the ,global ,strategy for ,equality shall be prepared by the ,director of the ,office of ,gender ,equality and ,women's ,empowerment1 in coordination with the ,policy1 ,planning and ,learning ,bureau and the ,ambassador-at-,large for ,global ,women's ,issues4 #agjd4 ,assistance for gender equality 7a7 ,in general ,the ,administrator is authorized to use funds made available under section #ajae to further the goal and objectives of this chapter in partner countries4 7b7 ,activities ,assistance authorized under subsection 7a7 shall include-- 7#a7 integrating women into the political1 social1 and economic systems of partner countries2 7#b7 developing laws1 regulations1 and policies that promote equal rights and prohibit discrimination in partner countries2 7#c7 providing leadership and technical training that improves the capacity of women and girls in partner countries to participate fully in decisions that affect their lives2 7#d7 enhancing the capacity of partner countries to undertake analysis of the specialized needs of women and girls in health1 water1 sanitation1 housing1 education1 food1 legal and financial services1 and other sectors1 and to develop policies and programs to meet those needs2 7#e7 enhancing the capacity of partner countries to prevent and respond to violence against women and girls2 and 7#f7 research and innovation to improve the design1 implementation1 and monitoring and evaluation of ,united ,states foreign assistance for greater effectiveness in promoting gender equality and reducing sexual and gender-based violence4 #agje4 ,office of ,gender ,equality and ,women's ,empowerment 7a7 ,establishment ,there is established1 within the ,united ,states ,agency for ,international ,development1 an ,office of ,gender ,equality and ,women's ,empowerment 7referred to in this section as the ,office74 7b7 ,director ,the ,office shall be headed by a ,director 7referred to in this section as the ,director71 who shall be highly qualified in matters relating to international development and gender integration4 ,the ,director shall report directly to the ,administrator and consult regularly with the ,ambassador-at-,large for ,global ,women's ,issues4 7c7 ,duties ,the ,director shall-- 7#a7 advise the ,administrator on matters relating to the advancement of women's global development2 7#b7 lead and coordinate all efforts of the ,united ,states ,agency for ,international ,development to empower women and promote gender equality in developing countries1 including efforts to prevent and respond to gender-based violence2 7#c7 direct the preparation of the ,global ,strategy for ,gender ,equality under section #agjc2 7#d7 mainstream into the design1 implementation1 and evaluation of policies and programs at all levels an understanding of the distinctive impact that such policies and programs may have on women and girls2 7#e7 assist other bureaus1 offices1 and overseas missions in designing and revising strategies1 programs1 projects and activities to empower women and promote gender equality2 7#f7 monitor and evaluate the impact on women and girls of programs carried out by ,,usaid2 and 7#g7 disseminate information about lessons learned and best practices for advancing women's global development throughout ,,usaid and other relevant ,federal agencies4 #agjf4 ,prevention of child marriage 7a7 ,findings ,congress finds the following3 7#a7 ,child marriage1 also known as forced marriage or early marriage1 is a harmful traditional practice that deprives girls of their dignity and human rights4 7#b7 ,child marriage as a traditional practice1 as well as through coercion or force1 is a violation of article #af of the ,universal ,declaration of ,human ,rights1 which states1 ,marriage shall be entered into only with the free and full consent of intending spouses4 7#c7 ,factors perpetuating child marriage include poverty1 a lack of educational or employment opportunities for girls1 parental concerns to ensure sexual relations within marriage1 the dowry system1 and the perceived lack of value of girls4 7#d7 ,child marriage has negative effects on the health of girls1 including significantly increased risk of maternal death and morbidity1 infant mortality and morbidity1 obstetric fistula1 and sexually transmitted diseases1 including ,,hiv_/,,aids4 7#e7 ,most countries with high rates of child marriage have a legally established minimum age of marriage1 yet child marriage persists due to strong traditional norms and the failure to enforce existing laws4 7#f7 ,investments in girls' schooling1 creating safe community spaces for girls1 and programs to build skills for out-of-school girls are all effective and demonstrated strategies for preventing child marriage by addressing conditions of poverty1 low status1 and social norms that contribute to child marriage4 7b7 ,statement of policy ,it is the policy of the ,united ,states to seek the elimination of the practice of child marriage4 7c7 ,authorization ,the ,administrator is authorized to use funds made available under this chapter for programs to prevent the incidence of child marriage in partner countries through the promotion of educational1 health1 economic1 social1 and legal rights of girls and women4 7d7 ,priority ,in providing assistance authorized under subsection 7c71 the ,administrator should give priority to-- 7#a7 areas or regions in developing countries in which #dj percent or more of girls under the age of #ah are married2 and 7#b7 activities to-- 7,a7 expand and replicate existing community-based programs that are successful in preventing the incidence of child marriage2 7,b7 establish pilot projects to prevent child marriage2 and 7,c7 share evaluations of successful programs1 program designs1 experiences1 and lessons4 #agjg4 ,coordination of efforts to prevent child marriage 7a7 ,designation ,the ,administrator shall designate an official to lead and coordinate policies and programs of the ,agency to prevent child marriage4 7b7 ,additional duties ,in addition to the responsibilities described in subsection 7a71 the official designated under subsection 7a7 shall-- 7#a7 ensure that efforts to prevent child marriage are integrated into the relevant country and sector strategies prepared in accordance with sections #ajah and #ajai2 and 7#b7 collect and disseminate information on-- 7,a7 best practices for preventing and reducing the incidence of child marriage2 7,b7 the incidence of child marriage in partner countries where the practice of child marriage is prevalent2 and 7,c7 the relationship between prevalence of child marriage and the achievement of development goals4 7c7 ,consultation ,in carrying out the duties under this section1 the official designated under subsection 7a7 shall consult with a wide range of relevant stakeholders4 #agjh4 ,definitions ,in this chapter3 7#a7 ,child marriage ,the term child marriage means the marriage of a girl or a boy who has not reached the minimum legal age for marriage in the country of residence1 or where there is no such law1 under the age of #ah4 7#b7 ,gender analysis ,the term gender analysis means the systematic examination of the different roles1 rights1 resources1 constraints1 and opportunities of men and women1 boys and girls1 in a society1 economy1 community or family4 7#c7 ,gender equality ,the term gender equality means equal opportunities for all people1 regardless of sex1 to achieve their personal potential and maximize their contributions to the development of their families1 communities1 and countries4 7#d7 ,gender integration ,the term gender integration means incorporating gender analysis and the resulting recommendations in all policies1 budgets1 programming1 and performance monitoring and evaluation4 #h ,strengthening democratic governance #ahja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,democratic development1 political pluralism1 and respect for internationally recognized human rights are intrinsically linked to economic and social progress4 ,efforts to reduce poverty and promote broad-based economic growth are more effective and sustainable in a political environment in which fundamental freedoms and the rule of law are respected1 government institutions are broadly representative1 and corruption is held to a minimum4 7#b7 ,violent extremism that threatens ,united ,states national security flourishes where democratic governance is weak1 justice uncertain1 and legal avenues for change in short supply4 7#c7 ,democracy can only be sustained in a society in which the legitimacy of the government rests firmly on the expressed consent of the governed2 the rights of all citizens1 including minorities1 are respected and protected2 and there is effective civilian control over the military and security forces4 7#d7 ,there is a growing worldwide movement toward more open1 just and democratic societies4 ,this trend is essential to achieving the ,united ,states ultimate objective of worldwide respect for human rights and fundamental freedoms without distinction as to race1 sex1 language1 religion1 sexual orientation1 or gender identity4 ,at the same time1 this trend holds great promise for promoting the peace of the world and the foreign policy1 security1 and general welfare of the ,united ,states4 7#e7 ,preventing mass atrocities is a core national security interest and a core moral responsibility of the ,united ,states4 ,governmental engagement on atrocities too often arrives too late1 when opportunities for prevention or low-cost1 low-risk action have been missed4 ,by helping partner countries to strengthen democratic institutions and practices and to manage diversity peacefully1 responsibly and equitably1 ,,usaid can address many of the structural conditions that give rise to mass atrocities4 7#f7 ,persons belonging to racial1 ethnic1 religious1 and linguistic minorities1 as well as lesbians1 gays1 bisexuals1 and transgender individuals1 and persons with disabilities are often subjected to discrimination1 harassment1 exploitation1 intimidation1 and exclusion4 ,united ,states policies and programs should seek to foster equal opportunity and equal access to justice for all people1 including marginalized groups4 7#g7 ,civil society organizations and activists worldwide contribute in unique and essential ways to development as innovative agents of change and social transformation4 ,in particular1 such organizations have an important role to play in bringing the voices of the poor to influence government policies1 and to hold governments and other powerful actors to account for their actions4 ,a diverse1 strong1 and independent civil society sector is critical for the sustainable reduction of poverty4 7#h7 ,democracy cannot be imposed from without4 ,however1 the ,united ,states should encourage all states to meet their obligations under international law to uphold and protect human rights and fundamental freedoms1 and should support the aspirations of those who seek through peaceful means to make their governments more democratic and accountable4 7#i7 ,democracy takes time to become firmly rooted in society and in the political system4 ,while short-term interventions can be important and effective means for preventing abuses and opening windows of opportunity1 democratic development generally requires sustained effort and a comprehensive approach4 7b7 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 support democratic aspirations and values1 foster the spread of democratic institutions1 and encourage universal respect for internationally recognized human rights1 including civil and political liberties2 7#b7 recognize that1 to be successful1 such support must not be defined narrowly in terms of parties and elections and government institutional capacity building1 but must include other1 equally important1 aspects of democratic development1 including-- 7,a7 independent and balanced media2 7,b7 impartial and competent judicial processes that deliver access to justice2 7,c7 respect for human rights and fundamental freedoms2 and 7,d7 a vibrant civil society that engages meaningfully with government2 and 7#c7 take into consideration a country's commitment to good governance1 respect for the rule of law and protection of internationally recognized human rights in providing assistance under this subtitle4 #ahjb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this chapter is to strengthen democratic institutions and practices and promote human rights in partner countries4 7b7 ,objectives ,in furtherance of the goal of subsection 7a71 assistance under this chapter shall be designed to help partner countries achieve the following objectives3 7#a7 ,improving government responsiveness1 accountability1 transparency and effectiveness4 7#b7 ,increasing the capacity and participation of civil society4 7#c7 ,strengthening the observance of internationally recognized human rights and the rule of law4 7#d7 ,fostering political competition and consensus-building4 7#e7 ,protecting and expanding democratic space for civil society organizations to operate4 #ahjc4 ,assistance for democratic strengthening 7a7 ,in general ,the ,administrator is authorized to use funds made available under section #ajae to further the goal and objectives of this chapter in partner countries4 7b7 ,activities ,assistance authorized under subsection 7a7 shall include support for the following3 7#a7 ,conducting free1 legitimate1 credible1 and fair national1 state1 and local elections4 7#b7 ,developing and strengthening open1 democratic1 peaceful and effective political parties4 7#c7 ,enhancing the responsiveness and effectiveness of public administration4 7#d7 ,building professional1 transparent and responsible legislatures4 7#e7 ,developing and strengthening free1 independent and professional media4 7#f7 ,fostering inclusive and transparent legislative and regulatory processes at all levels of government4 7#g7 ,decentralization efforts and the development of capable1 representative local government institutions4 7#h7 ,strengthening civilian1 democratic control over the military4 7#i7 ,combating corruption and promoting financial integrity4 7#aj7 ,improving the independence1 impartiality1 transparency and competence of judicial officials and processes4 7#aa7 ,revising and modernizing laws1 constitutions1 and legal frameworks4 7#ab7 ,expanding access of crime victims and witnesses to legal information and services4 7#ac7 ,promoting official recognition of1 and respect in practice for1 internationally recognized human rights4 7#ad7 ,supporting and assisting international and domestic courts and tribunals investigating and prosecuting instances of mass atrocities4 7#ae7 ,rehabilitating victims of torture1 including activities specifically designed to treat the physical and psychological effects of torture4 7#af7 ,preventing and responding to abuses such as human trafficking1 sexual and gender-based violence1 the conscription of children into armed forces1 the use of child labor and the practice of child marriage4 7#ag7 ,strengthening the capacity of civil society organizations to participate effectively in public life and provide input into government decisions4 7#ah7 ,increasing citizen awareness of rights and responsibilities1 and encouraging greater participation in political processes4 7#ai7 ,promoting tolerance1 dialogue1 and peaceful dispute resolution4 7#bj7 ,reducing the risk of mass atrocities through early warning and early action4 7#ba7 ,fostering equal rights and equal opportunities for marginalized groups4 7#bb7 ,countering laws1 regulations1 policies1 and practices that restrict civil space4 7#bc7 ,expanding public access to information and communications1 including through the ,internet4 7#bd7 ,implementing ,action ,plans for ,human ,rights and ,democracy prepared pursuant to section #cajc4 #ahjd4 ,advisory ,committee on ,democracy ,promotion 7a7 ,establishment ,there is established an ,advisory ,committee on ,democracy ,promotion 7in this section referred to as the ,advisory ,committee74 ,the ,advisory ,committee shall report to the ,secretary and the ,administrator4 7b7 ,purpose ,the purpose of the ,advisory ,committee is to review and make recommendations on how to improve ,united ,states ,government efforts to promote democracy internationally4 7c7 ,duties ,the duties of the ,advisory ,committee shall include consulting with1 providing information to1 and advising the ,secretary and the ,administrator on issues relating to democracy promotion in the formulation and implementation of ,united ,states foreign policy and foreign assistance1 including such matters as-- 7#a7 the means by which the ,united ,states ,government should promote democracy1 depending on circumstances in foreign countries2 7#b7 the integration of democracy considerations into ,united ,states diplomatic and development efforts2 7#c7 the special challenges of setting indicators and measuring impact in the field of democracy and governance2 7#d7 lessons learned and best practices in international democracy promotion2 7#e7 the balance between strengthening civil society and strengthening governance2 7#f7 the application of principles of country ownership in undemocratic or democratic transition countries2 7#g7 the application of marking and branding rules to democracy programs2 7#h7 the consistency of democracy policies and programs across ,federal agencies2 and 7#i7 the parameters for operating in undemocratic and conflict settings4 7d7 ,membership 7#a7 ,number and appointment ,the ,advisory ,committee shall be composed of #h individuals appointed by the ,secretary and #g individuals appointed by the ,administrator who are experts in various aspects of the field of international democracy1 human rights1 and good governance4 7#b7 ,terms ,members of the ,advisory ,committee shall serve a term of #b years1 and may be appointed to consecutive terms4 7#c7 ,individual capacity ,members of the ,advisory ,committee shall serve in an individual1 not a representative1 capacity4 7#d7 ,chairperson and vice chairperson ,the ,chairperson of the ,advisory ,committee shall be designated by the ,secretary1 and the ,vice ,chairperson of the ,advisory ,committee shall be designated by the ,administrator1 at the time of their appointment to the ,advisory ,committee4 7e7 ,report 7#a7 ,in general ,the ,advisory ,committee shall submit to the ,secretary and the ,administrator on an annual basis a report that describes the activities of the ,advisory ,committee during the preceding year4 7#b7 ,availability to public ,the report required by paragraph 7#a7 shall be made publicly available on the ,internet4 7f7 ,meetings ,the ,advisory ,committee shall hold not less than #d meetings each year4 7g7 ,subcommittees ,the ,advisory ,committee may establish subcommittees and special task forces1 as determined necessary by the ,advisory ,committee4 ,any such subcommittee or special task force shall meet subject to the call of the ,chairperson of the subcommittee or special task force1 as the case may be4 #ahje4 ,foreign government approval and conditionality 7a7 ,foreign government approval ,the ,administrator shall not require the approval or agreement of a foreign government for-- 7#a7 specific programs1 projects1 or activities authorized under this chapter2 or 7#b7 specific organizations carrying out assistance authorized under this chapter4 7b7 ,foreign government conditionality ,the ,administrator shall not terminate assistance authorized under this chapter for a country pursuant to1 or in order to conclude1 an agreement to provide other forms of assistance for such country4 #ahjf4 ,relationship to other laws ,assistance authorized under this chapter to promote human rights1 strengthen civil society1 and foster a free and fair election1 referendum1 or vote may be made available notwithstanding any provision of law that restricts assistance to a foreign country4 #ahjg4 ,prohibiting assistance to influence the outcome of elections 7a7 ,in general ,no assistance authorized under this chapter shall be used to influence the outcome of any elections in any country4 7b7 ,exception ,the prohibition in subsection 7a7 shall not be construed to prohibit programs that make a good faith effort to assist all democratic parties with equitable levels of assistance4 #ahjh4 ,protected speech ,notwithstanding any other provision of law1 regulation1 or policy1 in determining eligibility for assistance under this title1 foreign nongovernmental organizations-- 7#a7 shall not be ineligible for such assistance solely on the basis of health or medical services1 including counseling and referral services1 provided by such organizations with non-,united ,states ,government funds1 if such services-- 7,a7 do not violate the laws of the country in which they are being provided1 and 7,b7 would not violate ,united ,states ,federal law if provided in the ,united ,states2 and 7#b7 shall not be subject to requirements relating to the use of non-,united ,states ,government funds for advocacy and lobbying activities other than those that apply to ,united ,states nongovernmental organizations receiving assistance under this title4 ,b ,alleviating human suffering #aija4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,natural disasters can temporarily overwhelm the capacity of countries1 regardless of wealth and technological advancement1 to meet basic human needs and protect people from harm4 ,such disasters are likely to increase in number and severity along with the changes in the world's climate1 the degradation of the environment1 and the expansion of the world's population4 7#b7 ,conflict1 weak and poor governance1 corruption1 and repression increase vulnerability to humanitarian crisis1 aggravate the impact of physical and environmental shocks1 complicate the ability to respond effectively1 and lengthen the recovery period4 7#c7 ,conflicts1 human rights violations1 and natural disasters often uproot people within their own countries4 ,forced to abandon their homes and livelihoods1 and without access to the rights and resources available to those who cross an international border1 these internally displaced persons are among the world's most vulnerable and neglected people4 7#d7 ,persons affected by conflict are at greatly heightened risk of sexual and gender-based violence4 ,such risk can be mitigated through proper design and implementation of humanitarian programs1 especially those relating to water and sanitation1 health1 shelter1 food1 education1 energy1 and livelihoods1 as well as through specific protection measures4 7#e7 ,in protracted crises1 humanitarian resources are often exhausted before the essential conditions are in place for long-term1 sustainable development4 ,in addition1 lack of expertise and training1 inadequate coordination1 and unclear or narrow mandates often leave programming gaps4 ,coordinated action is required to address basic human needs at every stage of the transition1 from emergency relief to recovery1 rehabilitation1 reconstruction1 and development4 7#f7 ,continuity of educational activities for all children is an essential humanitarian need4 ,assistance to countries affected by conflict or crisis should include formal and informal education services to ensure that children are able to continue their schooling and are protected from physical harm1 psychological and social distress1 recruitment into armed groups1 family separation1 and abuses related to their displacement4 7#g7 ,nongovernmental organizations play a leading role in humanitarian action1 not only by delivering relief in underserved areas1 but also by contributing a significant proportion of the international resources1 by developing effective and innovative techniques and methodologies1 by maintaining long-term relationships of trust with affected communities1 by establishing reputations for independence1 impartiality and neutrality1 by integrating knowledge and expertise about local languages1 customs1 conditions1 and needs1 by bridging the gaps between relief and development1 and by advocating for those in greatest need4 7#h7 ,the ,united ,nations plays a central1 unique1 and vital role in leading and coordinating international humanitarian assistance4 ,its organs and affiliated agencies have capabilities and expertise that far exceed the ability of any single donor to respond to humanitarian needs4 ,the collective voice of these partners frequently enhances ,united ,states bilateral efforts and often plays a useful role in gaining access and achieving results where ,united ,states influence might otherwise be limited4 7#i7 ,multilateralism allows the ,united ,states to leverage its humanitarian contributions as part of a wider international donor effort and helps ensure that ,united ,states efforts complement those of other donors4 ,to be effective1 ,united ,states engagement with multilateral humanitarian organizations requires predictable funding and strong diplomatic engagement in policy development and institutional management4 7b7 ,statement of policy ,it is the policy of the ,united ,states to save lives1 alleviate human suffering wherever possible1 and protect vulnerable populations1 taking action solely on the basis of need1 without discrimination between or within affected populations1 without regard to diplomatic1 economic1 military1 or other objectives of the ,united ,states1 and without favoring any side in an armed conflict or other dispute4 #aijb4 ,goal and objectives 7a7 ,goal ,the goal of assistance under this subtitle is to save lives1 alleviate suffering1 maintain human dignity1 and protect and uphold the rights of extremely vulnerable people4 7b7 ,objectives ,in furtherance of the goal of subsection 7a71 assistance under this subtitle shall be designed to achieve the following objectives3 7#a7 ,provide quick and effective relief in the aftermath of disasters1 whether natural or human-caused4 7#b7 ,facilitate the transition to self-sufficiency and safe lives and livelihoods4 7#c7 ,protect civilians affected by conflict1 disaster1 and displacement from physical harm1 persecution1 exploitation1 abuse1 malnutrition and disease1 family separation1 gender-based violence1 forcible recruitment and other threats to human rights4 7#d7 ,build capacity to prevent and mitigate the effects of conflict1 disasters1 and displacement4 #aijc4 ,humanitarian principles 7a7 ,in general ,united ,states humanitarian action shall be carried out in accordance with the following principles3 7#a7 ,the central purpose of humanitarian action is to save lives1 alleviate human suffering1 and protect vulnerable population wherever possible4 7#b7 ,humanitarian action should be impartial1 based solely on and in proportion to need1 without discrimination between or within affected populations1 and without regard to the political views1 national origin1 or religious affiliation of the beneficiaries4 7#c7 ,humanitarian action should be neutral1 without furthering a political or religious agenda or favoring any side in an armed conflict or other dispute where such humanitarian action is carried out4 7#d7 ,humanitarian action should be independent1 without regard to the political1 economic1 military1 or other objectives that any actor may hold in relation to the affected areas and populations4 7#e7 ,humanitarian action should be undertaken in accordance with international human rights law1 international humanitarian law1 refugee law1 and the ,united ,nations ,guiding ,principles on ,internal ,displacement4 7#f7 ,humanitarian action should meet international standards1 using the ,,sphere ,minimum ,standards for ,disaster ,response and the ,inter-,agency ,standing ,committee guidelines as benchmarks1 should be informed by the ,,inee ,minimum ,standards1 and should promote the principles and practices of ,good ,humanitarian ,donorship4 7#g7 ,protection of civilians affected by conflict1 disaster1 and displacement from physical harm1 persecution1 exploitation1 abuse1 malnutrition and disease1 family separation1 sexual and gender-based violence1 forcible recruitment1 and other threats to human rights is a core element of humanitarian action4 7#h7 ,humanitarian action should be primarily civilian in nature4 ,the ,department of ,defense should provide humanitarian assistance overseas only as a last resort when there is no comparable civilian alternative and when the use of military or civil defense assets can uniquely meet a critical humanitarian need4 7#i7 ,when the military is required to support a humanitarian response1 its participation should be subject to the overall leadership1 coordination and policy guidance of civilian agencies1 who must be provided the requisite resources and authorities to perform this leadership role4 7#aj7 ,the ,united ,states should adopt1 between the ,department of ,state and ,,usaid1 a lead-agency approach with a clear division of leadership and responsibility for humanitarian response4 ,under the guidance of the ,president1 the ,secretary should lead for operations responding to political and security crises1 while the ,administrator should lead for operations in response to humanitarian crises resulting from large-scale natural or industrial disasters1 famines1 disease outbreaks1 and other natural phenomena4 7#aa7 ,humanitarian action should be undertaken in a timely1 flexible1 and efficient manner on the basis of assessed needs4 7#ab7 ,in addition to providing funding for relief efforts1 the ,united ,states should use its leverage to assist humanitarian agencies in obtaining secure1 unfettered access to survivors in crisis situations4 7#ac7 ,to ensure impartiality1 neutrality1 independence1 and the appearance thereof1 humanitarian action should be implemented by intergovernmental and nongovernmental international humanitarian organizations1 in partnership with local communities1 indigenous organizations1 and affected governments whenever possible4 7#ad7 ,individuals affected by conflict1 disaster1 persecution1 and displacement have the greatest stake in the performance of humanitarian programs and should1 to the greatest possible extent1 be involved in the design1 implementation1 monitoring1 and evaluation of such programs4 7#ae7 ,humanitarian1 reconstruction1 and development programs should be coordinated1 planned1 and funded to ensure continuity of life-sustaining services during transition phases4 7#af7 ,humanitarian1 development1 and other economic assistance programs should be designed with an eye toward reducing the risk and impact of future conflict and crisis and building resiliency among the most vulnerable populations4 7#ag7 ,united ,states humanitarian action should strive to ensure that refugees1 internally displaced persons1 and other conflict-affected individuals and communities are treated equally in the application of policy and the allocation of resources4 7#ah7 ,to promote learning1 accountability1 transparency1 and the efficient use of resources1 the ,united ,states should support independent monitoring and evaluation of all humanitarian assistance4 7b7 ,definition ,in this section-- 7#a7 the term ,united ,states humanitarian action or humanitarian action means-- 7,a7 humanitarian assistance as defined in section #f2 7,b7 assistance under any provision of law to save lives1 alleviate human suffering1 and protect vulnerable populations in an international disaster2 and 7,c7 diplomatic and military activities in support of the goal and objectives of this chapter2 and 7#b7 the term ,,inee ,minimum ,standards means the standards for education developed by the ,inter-,agency ,network on ,education in ,emergencies for use in emergency response1 emergency preparedness1 and humanitarian advocacy4 #aijd4 ,international disaster assistance 7a7 ,authorization ,notwithstanding any other provision of this or any other ,act1 the ,administrator is authorized to provide assistance to any foreign country1 international organization1 or private voluntary organization1 on such terms and conditions as the ,administrator may determine1 for international disaster relief1 recovery1 and reconstruction1 including assistance relating to disaster preparedness1 and to the prediction of1 and contingency planning for1 disasters and humanitarian crises abroad4 7b7 ,availability of funds ,amounts made available under this section are authorized to remain available until expended4 7c7 ,reimbursement authority ,in addition to amounts otherwise available to carry out this section1 up to #ajj1jjj1jjj of amounts made available under subtitle ,a in any fiscal year may be obligated for the purposes of1 and in accordance with the authorities of1 this section4 ,amounts subsequently made available under this section may be used to reimburse any account under which obligations were incurred under this subsection4 #aije4 ,emergency ,humanitarian ,response ,fund 7a7 ,authority ,whenever the ,administrator determines it to be important to the national interest of the ,united ,states1 the ,administrator is authorized to provide1 on such terms and conditions as the ,administrator may determine1 assistance under this section for the purpose of meeting unexpected urgent humanitarian and food assistance needs1 notwithstanding any other provision of law4 7b7 ,establishment ,there is established a ,united ,states ,emergency ,humanitarian ,response ,fund to carry out the purposes of this section 7in this section referred to as the ,fund74 7c7 ,transfer authority2 availability of funds ,in addition to amounts otherwise available to carry out this section1 the ,president is authorized to transfer to the ,fund from amounts made available under any other provision of this ,act such sums as may be necessary to carry out the purposes of this section1 except that the total amount in the ,fund at any time shall not exceed #ejj1jjj1jjj4 ,amounts in the ,fund are authorized to remain available until expended4 7d7 ,notification ,the ,president shall keep the appropriate congressional committees currently informed of the use of funds and the exercise of functions authorized in this section4 #aijf4 ,definitions ,in this subtitle3 7#a7 ,disaster ,the term disaster means a human-caused or natural occurrence that causes loss of life1 health1 property1 or livelihood1 inflicting severe destruction and distress4 7#b7 ,international disaster relief1 recovery1 and reconstruction ,the term international disaster relief1 recovery1 and reconstruction means-- 7,a7 disaster planning and preparedness1 disaster risk reduction1 and other actions to mitigate death and destruction in the event of a disaster2 7,b7 immediate actions intended to save lives1 alleviate human suffering1 and protect vulnerable populations during and after a disaster2 7,c7 short-term measures to facilitate the transition to self-sufficiency and safe lives and livelihoods following a disaster2 and 7,d7 actions to begin to reconstitute basic services and facilities following a disaster4 7#c7 ,protect ,the terms protect and protection-- 7,a7 mean all activities aimed at obtaining full respect for the rights of the individual in accordance with international human rights law1 international humanitarian law1 refugee law1 and the ,united ,nations ,guiding ,principles on ,internal ,displacement2 and 7,b7 include activities to prevent1 reduce1 or mitigate the impact of violence1 coercion1 deprivation1 or abuse on individuals or groups during international disasters4 ,,ii ,advancing ,peace and ,mitigating ,conflict #bjja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,peacebuilding involves the full range of approaches1 processes1 and stages of transforming violent conflict into stable1 peaceful relationships4 7#b7 ,because many of the greatest threats to ,united ,states national security have emerged from failed states1 it is in the national security interest of the ,united ,states to support peacebuilding efforts to stabilize and secure fragile states and states under stress4 7#c7 ,united ,states peacebuilding efforts are most effective when they are undertaken in cooperation with the international community1 and when they build local capacity to prevent and stop violence and mass atrocities4 7#d7 ,in the event that prevention fails1 the ,united ,states has an obligation to work both multilaterally and bilaterally to mobilize diplomatic1 humanitarian1 financial1 and when necessary and appropriate1 military resources to save lives and protect civilian populations4 7#e7 ,civil society organizations1 including international nongovernmental organizations and local community groups1 play an important role in promoting nonviolent conflict resolution1 fostering harmony among religions1 ethnic groups1 communities1 and factions1 and facilitating second-track diplomacy4 ,by coordinating with and working through such organizations1 the ,united ,states can strengthen the effectiveness of its peacebuilding programs4 7b7 ,statement of policy ,it is the policy of the ,united ,states to promote civilian security and long-term sustainable1 secure1 and stable communities4 #bjjb4 ,definition ,in this title1 the term peacebuilding means activities to prevent armed conflict1 prevent and respond to mass atrocities1 stabilize weak and fragile states1 protect civilians in conflict zones1 mitigate crises1 help countries to rebuild and recover after conflict1 and support transitions to peace1 stability1 and democracy4 ,a ,general ,authorities #bjaa4 ,peacekeeping 7a7 ,statement of policy ,it is the policy of the ,united ,states to employ a variety of unilateral1 bilateral1 and multilateral means to respond to international conflicts and crises1 placing a high priority upon timely1 preventive diplomatic efforts and exercising a leadership role in promoting international efforts to end crises peacefully4 7b7 ,authorization ,the ,secretary is authorized to provide assistance to foreign countries1 international organizations1 and regional arrangements1 on such terms and conditions as the ,secretary may determine1 for peacekeeping operations in furtherance of the national security interests of the ,united ,states4 7c7 ,reimbursement ,such assistance may include reimbursement for expenses incurred pursuant to section #g of the ,united ,nations ,participation ,act of #aide 7#bb ,u4,s4,c4 #bhg;d-#a71 except that such reimbursements may not exceed #e1jjj1jjj in any fiscal year unless a greater amount is specifically authorized by law4 7d7 ,determination ,if the ,president determines that1 as the result of an unforeseen emergency1 the provision of assistance under this section in amounts in excess of amounts otherwise made available for such assistance is important to the national interests of the ,united ,states1 the ,president may-- 7#a7 exercise the authority of section #ifjb to transfer amounts made available to carry out section #dajc for use under this section without regard to the #bj percent increase limitation contained in section #ifjb1 except that the total amount so transferred in any fiscal year may not exceed #ae1jjj1jjj2 and 7#b7 in the event the ,president also determines that such unforeseen emergency requires the immediate provision of assistance under this section1 direct the drawdown of commodities and services from the inventory and resources of any agency of the ,united ,states ,government of an aggregate value not to exceed #be1jjj1jjj in any fiscal year4 #bjab4 ,transition initiatives 7a7 ,authorization ,the ,administrator is authorized to provide1 notwithstanding any other provision of law1 assistance to support the transition to peace1 democracy1 and sustainable development of a country or region that is at risk of1 in1 or in transition from1 conflict or civil strife4 7b7 ,use of funds ,assistance under this section includes support for the following3 7#a7 ,developing or strengthening democratic institutions and processes4 7#b7 ,short-term economic and political stabilization4 7#c7 ,reconstructing or revitalizing basic infrastructure4 7#d7 ,fostering reconciliation and the peaceful resolution of conflict4 7c7 ,transfer authority ,if the ,secretary determines that it is important to the national interests of the ,united ,states to provide transition assistance in excess of amounts appropriated or otherwise made available under this section1 up to #be1jjj1jjj of the funds made available under this ,act may be used for purposes of this section and under the authorities applicable to funds made available under this section4 7d7 ,notification 7#a7 ,by administrator ,the ,administrator shall notify the appropriate congressional committees not less than #e days before beginning a new program of assistance under this section4 7#b7 ,by ,secretary ,the ,secretary shall notify the appropriate congressional committee not less than #e days before making a transfer pursuant to subsection 7c74 #bjac4 ,limit on payment to ,united ,nations and affiliated agencies ,section #djd7;b7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiid and #aiie 7,public ,law #ajc-bcf2 #bb ,u4,s4,c4 #bhg;e note7 is amended-- 7#a7 by striking ,contributions4-- and all that follows through ,funds authorized and inserting ,contributions4--,funds authorized2 and 7#b7 by striking paragraph 7#b74 #bjad4 ,complex ,crisis1 ,stabilization1 and ,prevention ,fund 7a7 ,establishment of fund 7#a7 ,in general ,the ,secretary is authorized to establish a fund1 to be known as the ,complex ,crisis1 ,stabilization1 and ,prevention ,fund 7referred to in this section as the ,fund71 to provide assistance to a country or region designated by the ,secretary as a country at risk of1 in1 or in transition from1 conflict or civil strife and for other purposes authorized in this section4 7#b7 ,congressional notification ,the ,secretary shall notify the appropriate congressional committees at least five days in advance of an obligation of funds under this section4 7#c7 ,waiver ,the requirement for notification under paragraph 7#b7 may be waived if-- 7,a7 failure to do so would pose a substantial risk to human health or welfare2 7,b7 the appropriate congressional committees are notified not later than three days after an obligation of funds2 and 7,c7 such notification contains an explanation of the emergency circumstances necessitating such waiver4 7#d7 ,purpose of assistance ,assistance may be provided under this section for the following purposes3 7,a7 ,fostering reconstruction or stabilization4 7,b7 ,mitigating or responding to emerging or unforeseen complex crises1 including urgent political1 social1 or economic challenges that threaten stability4 7,c7 ,addressing systemic and immediate causes of crises and conflict4 7,d7 ,undertaking preventive measures to reduce the risk of crises and conflict and their impact on vulnerable populations4 7b7 ,limitation ,the ,secretary shall ensure that assistance provided under this section is not used for-- 7#a7 assistance of a military nature or for a military purpose2 or 7#b7 participation by an officer or employee of the ,united ,states in a foreign police action4 7c7 ,conflict prevention ,not less than #be percent of amounts made available to carry out this section shall be used to support programs and activities to prevent an outbreak or escalation of violence in a country at risk of1 in1 or in transition from1 conflict or civil strife4 7d7 ,transfer 7#a7 ,in general ,the ,president may transfer up to #ejj1jjj1jjj of amounts made available under any other provision of law to be used to implement the purposes of this section4 7#b7 ,additional amounts ,notwithstanding any other provision of law1 up to #e1jjj1jjj or five percent1 whichever is less1 of any amounts that are specifically designated by this or any other ,act for particular programs or activities may be transferred to carry out the purposes of this section4 7e7 ,relationship to other laws ,assistance provided from the ,fund may be made available notwithstanding any other provision of law4 #bjae4 ,addressing violence against women and girls in humanitarian relief1 peacekeeping1 conflict1 and post-conflict settings 7a7 ,activities of the ,department of ,state and ,agency 7#a7 ,duties ,the ,secretary and the ,administrator are authorized to-- 7,a7 provide assistance to programs carried out by international organizations1 international and local nongovernmental organizations1 and governments1 as appropriate1 that-- 7i7 prevent and respond to violence against women and girls in humanitarian relief1 in a country or region at risk of1 in1 or in transition from1 conflict or civil strife2 7ii7 build the capacity of humanitarian organizations and government authorities1 as appropriate1 to address the special protection needs of women and children2 7iii7 support efforts to provide immediate assistance to survivors of violence and reintegrate such individuals through education1 psychosocial assistance1 trauma counseling1 family and community reinsertion and reunification1 medical assistance1 and economic opportunity programs2 and 7iv7 provide legal services for women and girls who are victims of violence2 7,b7 work to incorporate activities to prevent and respond to violence against women and girls internationally into any multilateral or bilateral disarmament1 demobilization1 rehabilitation1 and reintegration efforts by-- 7i7 providing protection and suitable separate facilities in demobilization and transit centers for women and girls formerly involved in1 or associated with1 fighting forces2 7ii7 ensuring equitable reintegration activities and opportunities for such women and girls1 including access to schooling1 vocational training1 employment1 and childcare2 7iii7 providing essential medical care and psychosocial support for such women and girls who are victims of violence2 and 7iv7 incorporating prevention and response to violence against women and girls into programs for former combatants2 7,c7 designate and deploy specialists in violence against women and girls1 as appropriate1 as an integral part of the ,agency's ,disaster ,assistance ,response ,teams to ensure the integration of prevention and response to violence against women and girls internationally in strategies and programming2 and 7,d7 strive to ensure that all private partners and others carrying out humanitarian relief in a country or region at risk of1 in1 or in transition from conflict or civil strife-- 7i7 train all humanitarian workers in preventing and responding to violence against women and girls1 including in the use of mechanisms to report violence against women and girls2 7ii7 conduct appropriate public outreach to make known to the host community the mechanisms to report violence against women and girls2 and 7iii7 promptly and appropriately respond to reports of violence against women and girls and treat survivors in accordance with best practices regarding confidentiality4 7b7 ,coordination of ,united ,states ,government efforts ,the ,secretary of ,defense and the ,attorney ,general shall coordinate with the ,secretary of ,state and the ,administrator when carrying out programs relevant to the purposes of this section4 7c7 ,enhancing ,united ,states leadership and advocacy in the ,united ,nations 7#a7 ,strengthening ,united ,nations procedures ,the ,secretary1 in consultation with the ,administrator and the ,united ,states ,permanent ,representative to the ,united ,nations1 is authorized to promote ,united ,nations efforts to-- 7,a7 develop and implement appropriate training programs for peacekeeping and humanitarian personnel in prevention and response to violence against women and girls internationally2 7,b7 meet staffing goals for women military and police peacekeepers1 including all-women teams and units2 7,c7 enhance the deployment of civilian women at all levels to serve in peacekeeping missions1 including through innovative staffing formulas2 7,d7 institute effective protection mechanisms in and around ,united ,nations-managed refugee and internally displaced persons camps2 7,e7 implement a zero tolerance policy for sexual exploitation and abuse in ,united ,nations peacekeeping and humanitarian operations2 7,f7 support countries that contribute troops and police in-- 7i7 taking appropriate actions to prevent violence and abuse2 7ii7 providing materials for pre-deployment and in-theater awareness training2 and 7iii7 taking other actions to promote full accountability in cases of abusive conduct involving the personnel of such countries2 7,g7 continue to expand appropriate mechanisms to permit individuals to safely bring to the attention of ,united ,nations peacekeeping commanders and heads of humanitarian missions allegations of violence against women and girls internationally2 and 7,h7 ensure the capacity of the ,united ,nations ,office of ,internal ,oversight to investigate in a timely and efficient manner all credible allegations of violence against women and girls internationally1 while protecting the whistleblower4 7d7 ,emergency response to violence against women and girls 7#a7 ,emergency response ,not later than #de days after receiving a credible report of serious or widespread incidents of violence against women and girls in a situation of armed conflict or civil strife1 the ,secretary and the ,administrator shall1 in consultation with relevant stakeholders1 identify and implement emergency response measures4 7#b7 ,consultation ,for the purposes of paragraph 7#a71 the term relevant stakeholders includes1 as appropriate-- 7,a7 affected populations2 7,b7 international1 multilateral1 and nongovernmental organizations operating in the affected area2 7,c7 the government of the country in which the violence is occurring2 7,d7 governments in the region in which the violence is occurring2 and 7,e7 donor governments4 7#c7 ,congressional briefings ,the ,secretary shall brief the appropriate congressional committees not less than quarterly on the status of incidents of violence against women and girls in situations of armed conflict or civil strife1 emergency response measures taken1 and consultations with relevant stakeholders4 #bjaf4 ,demining activities 7a7 ,in general ,the ,secretary is authorized1 notwithstanding any other provision of law1 to provide assistance to foreign countries for demining activities1 including-- 7#a7 clearance of unexploded ordinance2 7#b7 the destruction of small arms2 and 7#c7 related activities4 7b7 ,special authority ,subject to such terms and conditions as the ,secretary may prescribe1 the ,secretary is authorized to make grants of demining equipment to foreign countries and international organizations1 for the purposes identified in this section4 #bjag4 ,disarmament1 demobilization1 reintegration1 and rehabilitation activities 7a7 ,in general ,the ,secretary1 in coordination with the ,administrator1 is authorized to carry out programs in foreign countries to assist the disarmament1 demobilization1 reintegration1 and rehabilitation of former combatants4 7b7 ,coordination ,the programs referred to in subsection 7a7 shall be coordinated1 as appropriate1 with international nongovernmental organizations and the government of the country in which any such program is carried out4 ,b ,strategies1 ,assessments1 and ,reports #bjba4 ,regional conflict risk assessment and conflict mitigation strategy 7a7 ,findings ,congress finds the following3 7#a7 ,armed conflict and civil strife often stem from dynamics that transcend traditional state borders and require cross-border and regional approaches4 7#b7 ,united ,states diplomacy is often conducted on a bilateral1 state-centric basis that fails to address problems comprehensively or to identify and assess the full range of issues and opportunities4 7#c7 ,a comprehensive approach towards conflict prevention is required1 incorporating cross border and regional dynamics and non-state actors4 7b7 ,conflict assessment ,the ,secretary1 acting through the ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights and in consultation with the ,administrator1 shall be responsible for ensuring that an annual regional conflict risk assessment is conducted for each geographic region represented by an ,assistant ,secretary4 ,each assessment shall include the following3 7#a7 ,an identification of ongoing violent conflicts in the region4 7#b7 ,an evaluation of the potential for outbreaks of violent conflict in the region4 7#c7 ,a list of those conflicts determined to be at high risk of outbreak of escalation4 7#d7 ,a description of new opportunities and challenges for conflict mitigation in the region4 7c7 ,conflict mitigation strategy ,for each conflict identified in subsection 7b77#c71 the relevant office or diplomatic or consular post of the ,department of ,state1 in consultation with the relevant office or overseas mission of the ,agency1 shall develop a conflict mitigation strategy4 ,such strategy shall include the following elements3 7#a7 ,an analysis of the key drivers of potential conflict4 7#b7 ,an analysis of the impact of current ,united ,states policies and programs on the drivers referred to in paragraph 7#a74 7#c7 ,specific objectives in mitigating conflict for the next #a- to #c-year period1 including indicators and other measurements of progress4 7#d7 ,a plan for ensuring that basic human needs are met and civilians are protected during the period of the strategy4 7#e7 ,a description of policies and programs needed to achieve the objectives identified in paragraph 7#c74 7#f7 ,a description of how such policies and programs will be coordinated with the policies and programs of local partners and the international community4 7#g7 ,a description of the roles of each ,federal agency in carrying out the conflict mitigation strategy1 and the mechanisms for interagency coordination4 7#h7 ,the requirements for human and financial resources to carry out the conflict mitigation strategy over the next #a- to #c-year period4 7d7 ,consultation ,in preparing each conflict mitigation strategy required under subsection 7c71 the relevant office or diplomatic or consular post of the ,department of ,state shall consult with a wide range of local stakeholders1 including civil society organizations4 7e7 ,transmission to congress ,each conflict mitigation strategy required under subsection 7c7 shall be transmitted to the appropriate congressional committees4 #bjbb4 ,data on costs incurred in support of ,united ,nations peacekeeping operations 7a7 ,quarterly reports ,the ,secretary of ,defense shall submit1 on a quarterly basis1 to the ,committee on ,armed ,services of the ,house of ,representatives1 the ,committee on ,armed ,services of the ,senate1 the ,committee on ,foreign ,affairs of the ,house of ,representatives1 and the ,committee on ,foreign ,relations of the ,senate a report setting forth all costs 7including incremental costs7 incurred by the ,department of ,defense during the preceding quarter in implementing or supporting resolutions of the ,united ,nations ,security ,council1 including any such resolution calling for international sanctions1 international peacekeeping operations1 or humanitarian missions undertaken by the ,department of ,defense4 ,each quarterly report shall include an aggregate of all such ,department of ,defense costs by operation or mission4 7b7 ,united ,states costs ,the ,president shall annually transmit to the ,secretary ,general of the ,united ,nations the information required under subsection 7a74 7c7 ,united ,nations ,member ,state costs ,the ,president shall direct the permanent representative of the ,united ,states to the ,united ,nations to request that the ,united ,nations compile and publish information concerning costs incurred by ,united ,nations ,member ,states in support of the resolutions described in subsection 7a74 #bjbc4 ,peace on ,cyprus and in the ,eastern ,mediterranean 7a7 ,policy and principles ,united ,states policy regarding ,cyprus1 ,greece1 and ,turkey shall be directed toward the maintenance of a stable and peaceful atmosphere in the ,eastern ,mediterranean region and shall therefore be governed by the following principles3 7#a7 ,the ,united ,states shall actively support the resolution of differences through negotiations and internationally established peaceful procedures1 shall encourage all parties to avoid provocative actions1 and shall strongly oppose any attempt to resolve disputes through force or threat of force4 7#b7 ,the ,united ,states will accord full support and high priority to efforts1 particularly those of the ,united ,nations1 to bring about a prompt1 peaceful settlement on ,cyprus4 7#c7 ,all defense articles provided by the ,united ,states to countries in the ,eastern ,mediterranean region will be used only in accordance with the requirements of this ,act and the agreements under which those defense articles were provided4 7#d7 ,the ,united ,states will provide security assistance for ,greece and ,turkey only when providing that assistance is intended solely for defensive purposes1 including when necessary to enable the recipient country to fulfill its responsibilities as a member of the ,north ,atlantic ,treaty ,organization1 and shall be designed to ensure that the present balance of military strength among countries of the region1 including between ,greece and ,turkey1 is preserved4 ,nothing in this paragraph shall be construed to prohibit the transfer of defense articles to ,greece or ,turkey for legitimate self defense or to enable ,greece or ,turkey to fulfill their ,north ,atlantic ,treaty ,organization obligations4 7#e7 ,the ,united ,states shall use its influence to ensure the continuation of the ceasefire on ,cyprus until an equitable negotiated settlement is reached4 7#f7 ,the ,united ,states shall use its influence to achieve the withdrawal of ,turkish military forces from ,cyprus in the context of a solution to the ,cyprus problem4 7b7 ,quarterly report 7#a7 ,review ,because progress toward a ,cyprus settlement is a high priority of ,united ,states policy in the ,eastern ,mediterranean1 the ,president and the ,congress shall continually review that progress and shall determine ,united ,states policy in the region accordingly4 7#b7 ,report ,to facilitate such a review the ,president shall1 not later than #ij days after the date of the enactment of this ,act and at the end of each succeeding #ij-;day period1 transmit to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate a report on progress made toward the conclusion of a negotiated solution of the ,cyprus problem4 ,such transmissions shall include any relevant reports prepared by the ,secretary ,general of the ,united ,nations for the ,security ,council4 7c7 ,certification ,in order to ensure that ,united ,states assistance is provided consistent with the policies established in this section1 the ,president shall1 whenever transmitting a certification pursuant to section #dchb for ,greece or ,turkey1 include in that certification a full explanation of how such assistance will be consistent with the policy and principles set forth in subsection 7a74 7d7 ,prohibition on transfer of military equipment to cyprus 7#a7 ,in general ,any agreement for the sale or provision of any article on the ,united ,states ,munitions ,list 7established pursuant to section #dcja7 entered into by the ,united ,states after the date of the enactment of this ,act shall expressly state that the article is being provided by the ,united ,states only with the understanding that it will not be transferred to ,cyprus or otherwise used to further the severance or division of ,cyprus4 7#b7 ,report ,the ,president shall submit to ,congress a report on any substantial evidence that equipment provided under any such agreement has been used in a manner inconsistent with the purposes of this subsection4 ,c ,organizations and ,personnel #bjca4 ,atrocities ,prevention ,board 7a7 ,findings ,congress makes the following findings3 7#a7 ,non-combatants comprise most of the casualties in modern conflict4 7#b7 ,in many cases1 civilian deaths are the result of belligerents deliberately targeting civilians on a wide scale4 7#c7 ,civilians are vulnerable both during interstate conflict and intrastate situations1 such as civil wars1 insurgencies1 and anarchic conditions associated with failed states4 7#d7 ,there are common variables to situations giving rise to atrocities1 including past history of such occurrences1 persistence of articulated and non-articulated tensions1 and poor or malevolent leadership4 7#e7 ,most tellingly1 atrocities--including genocide--often occur when displaced persons attempt to flee conflict4 7#f7 ,the ,united ,states is committed to working with our allies1 and to strengthening our own internal capabilities1 in order to ensure that the ,united ,states and the international community are proactively engaged in a strategic effort to prevent mass atrocities and genocide4 ,in the event that prevention fails1 the ,united ,states will work both multilaterally and bilaterally to mobilize diplomatic1 humanitarian1 financial1 and--in certain instances--military means to prevent and respond to genocide and mass atrocities4 7#g7 ,preventing mass atrocities and genocide is a core national security interest and a core moral responsibility of the ,united ,states4 7#h7 ,united ,states security is affected when masses of civilians are slaughtered1 refugees flow across borders1 and murderers wreak havoc on regional stability and livelihoods4 7#i7 ,governmental engagement on atrocities and genocide too often arrives too late1 when opportunities for prevention or low-cost1 low-risk action have been missed4 7#aj7 ,ensuring that a full range of options is available to senior policy makers requires a level of governmental organization that matches the methodical organization characteristic of mass killings4 7b7 ,establishment of ,interagency ,atrocities ,prevention ,board ,the ,president shall establish an ,interagency ,atrocities ,prevention ,board 7in this section referred to as the ,board7 with the following responsibilities3 7#a7 ,coordinate and synchronize a whole of government approach to preventing mass atrocities4 7#b7 ,integrate the early warning systems of national security agencies1 including intelligence agencies1 with respect to incidents of mass atrocities and coordinate the policy response to such incidents4 7#c7 ,conduct gaming and contingency planning exercises regarding atrocities prevention and response4 7#d7 ,oversee the development and implementation of comprehensive atrocities prevention and response strategies4 7#e7 ,identify available resources and policy options necessary to prevent the emergence or escalation of mass atrocities1 including-- 7,a7 foreign assistance2 7,b7 diplomatic initiatives2 7,c7 deployment of civilian expertise2 7,d7 use of sanctions2 and 7,e7 military options4 7#f7 ,identify and close gaps in expertise1 readiness1 and planning for atrocities prevention and early action across ,federal agencies4 7#g7 ,ensure that risk assessments and policies to mitigate identified risks are communicated in a timely fashion to the relevant ,federal agencies and integrated into activities4 7c7 ,leadership 7#a7 ,in general ,the ,board shall be headed by a senior director selected by the ,president1 and who shall report to the ,assistant to the ,president for ,national ,security ,affairs 7commonly referred to as the ,national ,security ,advisor74 7#b7 ,responsibilities ,the senior director shall have primary responsibility for promoting ,united ,states ,government policies to protect individuals affected by conflict and atrocities and carrying out the responsibilities identified in subsection 7b74 7d7 ,composition ,the ,board shall be composed of representatives from the following agencies1 and such others as the ,president determines appropriate3 7#a7 ,the ,department of ,defense4 7#b7 ,the ,united ,states ,agency for ,international ,development4 7#c7 ,the ,department of ,state4 7#d7 ,the ,department of ,justice4 7#e7 ,the ,department of the ,treasury4 7#f7 ,the ,department of ,homeland ,security4 7#g7 ,the ,central ,intelligence ,agency4 7#h7 ,the ,office of the ,director of ,national ,intelligence4 7#i7 ,the ,united ,states ,mission to the ,united ,nations4 #bjcb4 ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights 7a7 ,in general ,section #a7;b7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7b77 is amended-- 7#a7 by redesignating paragraph 7#d7 as paragraph 7#e72 and 7#b7 by inserting after paragraph 7#c7 the following new paragraph3 7#d7 ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights ,there shall be in the ,department of ,state1 among the ,under ,secretaries authorized by paragraph 7#a71 an ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights1 who shall have primary responsibility to assist the ,secretary and the ,deputy ,secretary in the formation and implementation of policy1 activities1 and oversight related to crisis prevention and response1 democracy1 human rights1 and labor1 and refugees and migration4 ,the ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights shall-- 7,a7 coordinate and implement civilian responses to conflict1 including deployment of the ,civilian ,response ,corps2 7,b7 oversee the full spectrum of conflict-related policies and programs in the ,department of ,state2 7,c7 conduct strategic planning and budgeting for conflict-related activities within the ,department of ,state2 7,d7 manage prevention and response to refugee and humanitarian crises1 including support for major international organizations involved in aid to conflict affected populations2 and 7,e7 advance human rights and democratic values4 4 7b7 ,abolition ,the position of ,under ,secretary for ,democracy and ,global ,affairs is hereby abolished4 7c7 ,transfer ,responsibilities for the position of ,under ,secretary for ,democracy and ,global ,affairs shall be transferred to the ,under ,secretary for ,civilian ,security1 ,democracy and ,human ,rights1 as appropriate4 ,the individual serving in the capacity of ,under ,secretary for ,democracy and ,global ,affairs as of the date of the enactment of this ,act may continue serve in the capacity of the ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights4 7d7 ,conforming amendment ,section #baac7;a7 of the ,implementing ,recommendations of the #i_/aa ,commission ,act of #bjjg 7#bb ,u4,s4,c4 #hbac7;a72 ,public ,law #aaj-ec7 is amended by striking ,under ,secretary of ,state for ,democracy and ,global ,affairs and inserting ,under ,secretary of ,state for ,civilian ,security1 ,democracy1 and ,human ,rights4 #bjcc4 ,conflict and stabilization operations 7a7 ,in general ,section #fb of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bgcd7 is amended to read as follows3 #fb4 ,conflict and stabilization operations 7a7 ,bureau of ,conflict and ,stabilization ,operations 7#a7 ,establishment ,there is established within the ,department of ,state the ,bureau of ,conflict and ,stabilization ,operations4 7#b7 ,assistant ,secretary for ,conflict and ,stabilization ,operations ,the head of the ,bureau shall be the ,assistant ,secretary for ,conflict and ,stabilization ,operations4 ,the ,assistant ,secretary shall report directly to the ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights4 7#c7 ,functions ,the functions of the ,bureau of ,conflict and ,stabilization ,operations shall include the following3 7,a7 ,training1 equipping1 and deploying the ,civilian ,response ,corps described in subsection 7b77#a74 7,b7 ,developing1 at the request of a ,chief of ,mission1 a strategy or plan1 and designing relevant programming1 for stabilization and reconstruction1 as appropriate to the local context4 7,c7 ,at the request of a ,chief of ,mission1 mobilizing and deploying members of the ,civilian ,response ,corps as needed4 7,d7 ,entering into appropriate arrangements with agencies to carry out activities under this section and the ,reconstruction and ,stabilization ,civilian ,management ,act of #bjjh 7title ,,xvi of the ,duncan ,hunter ,national ,defense ,authorization ,act for ,fiscal ,year #bjji2 ,public ,law #aaj-dag74 7,e7 ,identifying and recruiting personnel in ,state and local governments1 including law enforcement personnel1 and in the private sector who are available to participate in the ,reserve ,corps established under subsection 7b77#a77;,b7 or to otherwise participate in or contribute to reconstruction and stabilization activities4 7,f7 ,taking steps to ensure that training and education of civilian personnel to perform such reconstruction and stabilization operations is adequate and is carried out1 as appropriate1 with other offices in the ,department of ,state and the ,united ,states ,agency for ,international ,development involved with reconstruction and stabilization activities4 7,g7 ,maintaining the capacity to field on short notice an evaluation team consisting of personnel from all relevant agencies to undertake on-site needs assessment4 7,h7 ,maintaining a staff of experts to provide technical support for crisis mitigation1 including mediation and negotiation support teams4 7,i7 ,establishing and maintaining a cadre of deployable personnel to conduct contingency acquisition support4 7,j7 ,establishing and maintaining on active status a contingency contracting office for the purpose of procuring goods1 equipment1 and services for use in contingency operations and for assistance to support reconstruction and stabilization activities4 7b7 ,civilian ,response ,corps 7#a7 ,in general ,the ,secretary of ,state shall establish and maintain a ,civilian ,response ,corps 7referred to in this section as the ,corps7 to provide assistance in support of reconstruction and stabilization activities in countries or regions that are at risk of1 in1 or are in transition from1 conflict or civil strife4 ,the ,corps shall be composed of active and reserve components4 7,a7 ,active ,corps 7i7 ,in general ,the ,active ,corps shall be composed of not more than #bjj positions identified by the ,secretary of ,state1 in consultation with the ,administrator1 based on the skillsets identified by the ,coordinator4 7ii7 ,membership ,the ,active ,corps shall consist of ,united ,states ,government personnel1 including employees of the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 and other agencies4 7iii7 ,duties ,members of the ,active ,corps shall-- 7,i7 serve as liaisons between the ,bureau of ,conflict and ,stabilization ,operations and regional bureaus of the ,department of ,state2 7,,ii7 unless deployed abroad1 be employed by the ,under ,secretary for ,civilian ,security1 ,democracy1 and ,human ,rights2 and 7,,iii7 deploy1 within #gb hours1 anywhere outside the ,united ,states where the ,secretary of ,state directs4 7iv7 ,surge ,members of the ,active ,corps may be detailed by the ,assistant ,secretary for ,conflict and ,stabilization ,operations to regional bureaus of the ,department of ,state to augment crisis and conflict planning and response4 7,b7 ,reserve ,corps 7i7 ,in general ,the ,reserve ,corps shall consist of ,united ,states ,government personnel1 individuals employed by ,state or local governments1 or other experts who have the skills necessary for supporting reconstruction and stabilization activities1 or who shall be trained and employed to carry out such activities1 and who have volunteered for such purpose4 7ii7 ,list ,the ,secretary shall maintain and continually update a database composed of personnel who have volunteered for the ,reserve ,corps4 7iii7 ,duties ,members of the ,reserve ,corps shall-- 7,i7 on a voluntary basis1 deploy within #gb hours1 anywhere outside the ,united ,states1 where the ,secretary of ,state directs2 and 7,,ii7 maintain appropriate skills and conditioning to deploy to assist in reconstruction and stabilization activities4 7#b7 ,mitigation of domestic impact ,the establishment and deployment of any ,reserve ,corps shall be undertaken in a manner that avoids substantively impairing the capacity and readiness of the ,federal ,government or any ,state or local government from which ,reserve ,corps personnel may be drawn4 7#c7 ,existing training and education programs ,the ,secretary of ,state shall ensure that personnel of the ,department of ,state1 and1 in coordination with the ,administrator of the ,united ,states ,agency for ,international ,development1 that personnel of ,,usaid1 have access to and make use of the relevant existing training and education programs offered within the ,federal ,government1 such as those at the ,center for ,stabilization and ,reconstruction ,studies at the ,naval ,postgraduate ,school and the ,interagency ,training1 ,education1 and ,after ,action ,review ,program at the ,national ,defense ,university4 7#d7 ,in general 7,a7 ,appointments to ,foreign ,service ,individuals who serve in the ,civilian ,response ,corps shall be eligible to be appointed as a member of the ,foreign ,service pursuant to section #cjc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidc7 for a term of up to three years4 7,b7 ,deployment ,not less than #fj percent of the ,active ,corps should be deployed outside of the ,united ,states at any one time4 7,c7 ,promotion ,individuals who are career members of the ,foreign ,service shall be considered for promotion on the same basis as individuals who are assigned to diplomatic or consular posts with one-year tours of duty4 7,d7 ,chain-of-command ,once deployed abroad1 a member of the ,civilian ,response ,corps shall report to and serve under the operational control of the chief of mission of the country or region in which such member is deployed4 7,e7 ,limitation on deployment ,the ,secretary of ,state is authorized to deploy to a foreign country members of the ,active ,corps for a period of not longer than one year4 ,such period may be extended on a voluntary basis4 7#e7 ,temporary appointments for certain individuals ,the ,secretary of ,state1 acting through the ,assistant ,secretary for ,conflict and ,stabilization ,operations1 is authorized to appoint individuals with acquisition backgrounds to the ,active or ,reserve ,corps on a one-year basis to implement contracts for contingency operations4 7c7 ,employment for contingency operations 7#a7 ,foreign ,service limited positions ,pursuant to the authority of section #cji of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidi71 and notwithstanding the limitation specified in section #cje of such ,act 7#bb ,u4,s4,c4 #cide71 the ,administrator of the ,united ,states ,agency for ,international ,development 7,,usaid7 may appoint to the ,senior ,foreign ,service up to ten individuals to be assigned to or support contingency operations4 7#b7 ,waiver ,the provisions of section #hcdd or #hdfh of title #e1 ,united ,states ,code1 may be waived on a case-by-case basis by-- 7,a7 the ,administrator of ,,usaid1 with respect to the employment in ,,usaid1 or 7,b7 the ,inspector ,general of ,,usaid1 with respect to the employment in the ,office of ,inspector ,general1 of an annuitant in a position for which there is exceptional difficulty in recruiting or retaining a qualified employee1 or when a temporary emergency hiring need exists4 7#c7 ,procedures ,if the authority referred to in paragraph 7#a7 is delegated1 the ,administrator of ,,usaid or the ,inspector ,general of ,,usaid1 as appropriate1 shall prescribe criteria and procedures for the exercise of any authority under this section4 7#d7 ,status of employment ,a ,federal employee for whom a waiver under this section is in effect shall not be considered an employee for purposes of subchapter ,,iii of chapter #hc1 or chapter #hd of title #e1 ,united ,states ,code4 7d7 ,exception 7#a7 ,in general ,the ,secretary of ,state may select and appoint employees to carry out conflict and stabilization activities without regard to the provisions of title #e1 ,united ,states ,code1 governing appointment in the competitive service and may fix the basic compensation of such employees without regard to chapter #ea and subchapter ,,iii of chapter #ec of such title4 7#b7 ,delegation ,the ,secretary of ,state may authorize the head of any agency to exercise the authority described in paragraph 7#a74 7#c7 ,definition ,for the purpose of this subsection1 the term employees means individuals who qualify as an employee as defined in section #baje of title #e1 ,united ,states ,code1 and who are appointed on a time-limited basis solely to carry out reconstruction and stabilization activities under or consistent with this section4 4 7b7 ,special authority ,notwithstanding any other provision of law1 including section #cjd7;c7 of the ,omnibus ,diplomatic ,security and ,antiterrorism ,act of #aihf 7#bb ,u4,s4,c4 #dhcd7;c72 ,public ,law #ii-cii71 personnel designated by the ,secretary1 including members of the ,civilian ,response ,corps1 shall not be bound by the regulations and guidance provided by the ,bureau of ,diplomatic ,security and shall deploy at the direction of the ,secretary4 7c7 ,personnel ,the ,reconstruction and ,stabilization ,civilian ,management ,act of #bjjh 7title ,,xvi of ,public ,law #aaj-dag7 is amended-- 7#a7 in section #afjc 7#bb ,u4,s4,c4 #bgcd;a note71 by amending paragraph 7#e7 to read as follows3 7#e7 ,personnel ,the term personnel means-- 7,a7 individuals serving in any service described in section #baja of title #e1 ,united ,states ,code1 other than in the legislative or judicial branch2 7,b7 individuals employed by personal services contract1 including individuals employed pursuant to-- 7i7 section #b7;c7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bffi7;c772 or 7ii7 section #fcf7;a77#c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bcif7;a77#c772 7,c7 individuals appointed under section #cjc of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cidc72 and 7,d7 locally employed staff who are employed by participating agencies4 2 and 7#b7 in section #afjf7;b7 7#bb ,u4,s4,c4 #bgcd;a7b771 by inserting and to provide any related support after assign personnel of such agency4 #bjcd4 ,danger pay ,section #aea of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiij and #aiia 7#e ,u4,s4,c4 #eibh note2 ,public ,law #aja-bdf7 is amended-- 7#a7 by striking or after ,drug ,enforcement ,administration and inserting 1 the2 and 7#b7 inserting 1 or the ,civilian ,response ,corps after ,federal ,bureau of ,investigation4 #bjce4 ,stability policing coordinator ,the ,state ,department ,basic ,authorities ,act of #aief is amended by adding after section #fb 7as amended by #bjca of this ,act7 the following new section3 #fc4 ,office of the ,stability ,policing ,coordinator 7a7 ,establishment ,there is established within the ,department of ,state the ,office of the ,stability ,policing ,coordinator 7in this section referred to as the ,office74 7b7 ,coordinator for police training ,the head of the ,office shall be the ,coordinator for ,stability ,policing 7in this section referred to as the ,coordinator74 ,the ,coordinator shall report directly to the ,assistant ,secretary for ,conflict and ,stabilization ,operations4 7c7 ,responsibilities ,the ,coordinator shall be responsible for developing a unified1 coherent1 comprehensive1 and effective program of law enforcement assistance in support of reconstruction and stabilization activities in countries or regions that are at risk of1 in1 or are in transition from1 conflict or civil strife4 ,such program shall include the following elements3 7#a7 ,developing and overseeing curricula for police training specifically oriented towards reconstruction and stabilization activities4 7#b7 ,developing and implementing policies and procedures to ensure that human rights1 and in particular those of women and girls1 are protected4 7#c7 ,in coordination with the ,bureau of ,conflict and ,stabilization ,operations1 as appropriate1 recruiting1 vetting1 and training personnel to serve as police trainers4 7#d7 ,ensuring proper direction and oversight of contractors hired to implement police training programs under this section4 7#e7 ,establishing benchmarks to measure the progress of police training programs conducted under this section4 7#f7 ,coordinating assistance carried out by the ,office with similar assistance provided by other ,federal agencies and international donors4 7#g7 ,overseeing procurement and delivery of supplies and equipment1 and monitoring the end use of such supplies and equipment4 7#h7 ,providing policy guidance and program support to the ,united ,states diplomatic and consular missions in the country or region undertaking police training operations4 7#i7 ,providing guidance to the ,bureau of ,conflict and ,stabilization ,operations regarding the selection and training of law enforcement and judicial personnel for the ,readiness ,response ,corps4 7d7 ,relationship to global rule of law policy committee ,the ,coordinator shall ensure that the activities of the ,office are consistent with the coordination plan established pursuant to section #cbjb of the ,global ,partnerships ,act of #bjac4 4 #bjcf4 ,training in conflict management and mitigation ,section #gjh of the ,foreign ,assistance ,act of #aihj 7#bb ,u4,s4,c4 #djbh7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#b71 by striking and at the end2 7,b7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7,c7 by adding at the end the following new paragraph3 7#d7 instruction on methods for conflict management and mitigation and on the necessary skills to be able to function successfully in countries or regions that are at risk of1 in1 or are in transition from1 conflict or civil strife1 including-- 7,a7 recognizing patterns of escalation and early warning signs of potential atrocities or violence1 including gender-based violence2 and 7,b7 methods of early action1 prevention1 and response4 2 and 7#b7 by adding at the end the following new subsection3 7d7 ,the training described in subsection 7a77#d7 shall be mandatory for all ,foreign ,service officers assigned to a position1 or otherwise made available for service1 in the department or agency or at a post overseas with responsibilities in the subject matters described in such subsection4 ,training opportunities should include1 as appropriate for the department and agency1 respectively1 fellowships1 details1 and exchanges with relevant ,federal agencies1 international organizations1 and nongovernmental organizations4 4 ,,iii ,supporting human rights and democracy ,a ,general provisions #caja4 ,findings and statement of policy 7a7 ,findings ,congress makes the following findings3 7#a7 ,all human beings are born free and equal in dignity and rights4 ,recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom1 justice and peace in the world4 7#b7 ,a democratic political system1 in which the will of the people1 as expressed in periodic and genuine elections1 is the basis of the authority of government1 is the best guarantor of freedom of speech and belief and freedom from fear and want4 7#c7 ,democracy is a necessary but insufficient condition for the effective protection of human rights4 ,majority rule must be tempered by guarantees for the dignity and rights of minorities4 7#d7 ,the advancement of human rights and the institutionalization of democracy are important to the achievement of other ,united ,states foreign policy goals1 such as reducing poverty1 building peace1 expanding prosperity and sustaining the global environment4 7#e7 ,human rights and fundamental freedoms can be effectively advanced by-- 7,a7 bilateral and multilateral diplomatic overtures2 7,b7 the development and implementation of international norms and standards1 including voluntary codes of conduct2 7,c7 support for the establishment and strengthening of laws1 policies and institutions that protect rights and freedoms1 including technical assistance and training to governments and civil society organizations2 7,d7 support for and protection of individuals and civil society organizations who defend and exercise their human rights and democratic freedoms2 7,e7 research and reporting on violations of human rights1 including identifying those who commit such violations2 7,f7 the threat or imposition of sanctions against violators1 including criminal prosecution where appropriate2 and 7,g7 offering diplomatic and economic incentives for improved performance4 7#f7 ,united ,states support for human rights and democracy should be open and explicit1 with due regard for the safety and independence of local partners and impartiality among peaceful1 democratic political parties and factions4 7b7 ,statement of policy ,it is the policy of the ,united ,states1 in keeping with its constitutional heritage and traditions and in accordance with its international obligations as set forth in the ,charter of the ,united ,nations and the ,universal ,declaration of ,human ,rights1 to promote and encourage increased respect for human rights and fundamental freedoms throughout the world without distinction as to race1 sex1 language1 religion1 sexual orientation or gender identity4 #cajb4 ,country reports on human rights practices 7a7 ,report required ,the ,secretary shall submit to the appropriate congressional committees1 by ,february #be of each year1 a comprehensive report regarding the status of internationally recognized human rights in each covered country4 7b7 ,contents ,the report required under subsection 7a7 shall include1 for each covered country1 information relating to-- 7#a7 respect for the integrity of the person1 including freedom from-- 7,a7 arbitrary or unlawful deprivation of life2 7,b7 disappearance2 7,c7 torture and other cruel1 inhuman or degrading treatment or punishment2 7,d7 arbitrary arrest or detention2 7,e7 denial of fair public trial2 and 7,f7 arbitrary interference with privacy1 family1 home or correspondence2 7#b7 respect for civil liberties1 including-- 7,a7 freedom of speech and press1 including ,internet freedom2 7,b7 freedom of peaceful assembly and association2 7,c7 freedom of religion and conscience2 7,d7 freedom of movement2 and 7,e7 provision of asylum and resettlement of refugees2 7#c7 respect for political rights1 including the right of citizens-- 7,a7 to change their government2 7,b7 to take part in the conduct of public affairs2 and 7,c7 to vote and be elected at genuine periodic elections2 7#d7 respect for worker rights1 including-- 7,a7 the right of association2 7,b7 the right to organize and bargain collectively2 7,c7 prohibition of forced or compulsory labor2 7,d7 prohibition of child labor2 and 7,e7 acceptable conditions of work2 7#e7 protection of all citizens1 including marginalized groups1 against violence1 intimidation and discrimination1 including1 wherever applicable-- 7,a7 mass atrocities2 7,b7 trafficking in persons2 7,c7 sexual and gender-based violence2 7,d7 criminalization of homosexuality or deprivation of fundamental freedoms due to sexual orientation or gender identity2 7,e7 violations of the principles of voluntarism and informed choice in health care1 including coerced abortion and involuntary sterilization2 7,f7 child marriage2 and 7,g7 compulsory recruitment and conscription of individuals under the age of #ae by armed forces of the government of the country1 government-supported paramilitaries1 or other armed groups2 and 7#f7 official accountability1 including-- 7,a7 government corruption and transparency2 7,b7 government participation in1 facilitation of1 or condoning of1 violations of internationally recognized human rights2 7,c7 steps taken by such government to prevent and respond to violations of internationally recognized human rights2 7,d7 the extent of cooperation by such government in permitting an unimpeded investigation by international organizations1 including nongovernmental organizations1 of alleged violations of internationally recognized human rights2 and 7,e7 wherever applicable1 such government's votes in the ,united ,nations ,human ,rights ,council4 7c7 ,consultation ,in compiling data and making assessments for purposes of subsection 7b71 ,united ,states diplomatic mission personnel in each covered country shall consult with relevant international and nongovernmental organizations4 7d7 ,translation and publication ,for each covered country1 the report required by this section shall be translated into the principal languages of the country and made available on the ,internet website of the ,united ,states diplomatic mission to the country1 or1 where there is no diplomatic mission1 on the ,internet website of the ,department of ,state4 7e7 ,definitions ,in this section-- 7#a7 the term covered country means a country that-- 7,a7 receives assistance under this ,act2 or 7,b7 is a member of the ,united ,nations2 and 7#b7 the term child marriage means the marriage of a girl or a boy who has not reached the minimum legal age for marriage in the country of residence1 or where there is no such law1 under the age of #ah4 #cajc4 ,action plans for human rights and democracy 7a7 ,action plan required 7#a7 ,in general ,except as provided in paragraph 7#b71 beginning #c years after the date of the enactment of this ,act and every #c to #e years thereafter1 the ,secretary1 in coordination with the ,administrator as appropriate1 shall develop an action plan for human rights and democracy in each country that is included in the report under section #cajb4 7#b7 ,exception ,the ,secretary is not required to develop an action plan under this subsection for any country with respect to which the ,secretary determines1 based on the information required in the report under section #cajb1 that human rights and fundamental freedoms are generally respected4 7b7 ,preparation of plans ,the action plan required under subsection 7a7 shall be prepared-- 7#a7 in each country with a ,united ,states diplomatic mission1 by the ,chief of ,mission1 in coordination with the ,mission ,director of the ,agency1 if a ,mission ,director is assigned to such country1 and in consultation with the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor2 or 7#b7 in each country without a ,united ,states diplomatic mission1 by the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor1 in coordination with the ,assistant ,administrator for ,democratic and ,civic ,development and the relevant regional bureaus of the ,department of ,state and ,united ,states ,agency for ,international ,development4 7c7 ,elements ,the action plan required under subsection 7a7 shall contain the following elements3 7#a7 ,a description of the major barriers in such country to fundamental rights and freedoms4 7#b7 ,specific improvements in the areas identified under paragraph 7#a7 that the ,united ,states will seek over the next #c to #e years4 7#c7 ,a description of the policies and programs1 including assistance1 to be undertaken in order to foster the improvements identified in paragraph 7#b74 7#d7 ,a description of the roles of each participating ,federal agency in carrying out the policies and programs identified in paragraph 7#c74 7#e7 ,a description of the budgetary and personnel resources needed to carry out the policies and programs identified in paragraph 7#c74 7d7 ,consultation ,in preparing the action plan required under subsection 7a71 the relevant officials shall consult with a wide range of nongovernmental organizations in the country and with nongovernmental organizations having significant experience in or knowledge about the country4 7e7 ,transmission 7#a7 ,to congress ,the action plan required under subsection 7a7 shall be transmitted to the appropriate congressional committees4 7#b7 ,public availability ,at a minimum1 the elements of the action plan described in paragraphs 7#a7 and 7#b7 of subsection 7c7 shall be published on the ,internet website of the ,department of ,state and1 in countries in which a ,united ,states diplomatic mission is established1 on the mission's ,internet website4 7f7 ,strategic coordination ,in order to avoid duplication and policy inconsistency1 the ,secretary shall ensure that the action plan required under subsection 7a7 is coordinated with all other relevant diplomatic and development strategies1 in particular the strategies prepared pursuant to-- 7#a7 section #agjc1 relating to ,global ,strategy for ,gender ,equality2 7#b7 section #ajah1 relating to ,country ,development ,cooperation ,strategies2 7#c7 section #bjab1 relating to ,conflict ,mitigation ,strategy2 and 7#d7 section #cbjc1 relating to ,comprehensive ,international ,strategy to ,prevent and ,respond to ,violence ,against ,women and ,girls4 #cajd4 ,human ,rights and ,democracy ,fund 7a7 ,establishment ,there is established a ,human ,rights and ,democracy ,fund 7in this section referred to as the ,fund7 to be administered by the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor4 7b7 ,purpose ,the purpose of the ,fund is to protect and promote fundamental freedoms and internationally recognized human rights by-- 7#a7 supporting defenders of human rights and advocates of democracy2 7#b7 assisting victims of human rights violations2 7#c7 preventing and responding to violence against women and girls1 in accordance with subtitle ,a2 7#d7 carrying out child protection compacts in accordance with section #cdjb2 and 7#e7 responding to emergencies and unanticipated opportunities in the areas of human rights and democracy4 7c7 ,consultation ,in administering the ,fund1 the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor shall consult with the ,ambassador-at-,large for ,global ,women's ,issues and the ,assistant ,administrator for ,democratic and ,civic ,development of the ,united ,states ,agency for ,international ,development4 7d7 ,additional funds ,funds made available under this section for a fiscal year are in addition to funds otherwise available for such purposes4 7e7 ,special authority ,funds made available under this section for a fiscal year are authorized to be made available notwithstanding any provision of law that restricts assistance to a foreign country4 #caje4 ,role of ,bureau of ,democracy1 ,human ,rights1 and ,labor ,section #a7;c77#b7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7c77#b77 is amended to read as follows3 7#b7 ,assistant secretary of state for democracy1 human rights1 and labor 7,a7 ,in general ,there shall be in the ,department of ,state an ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor who shall be responsible to the ,secretary of ,state for matters pertaining to human rights and humanitarian affairs 7including matters relating to prisoners of war and members of the ,united ,states ,armed ,forces missing in action7 in the conduct of foreign policy and such other related duties as the ,secretary may from time to time designate4 ,the ,assistant ,secretary shall carry out the ,secretary's responsibilities under section #cajb of the ,global ,partnerships ,act of #bjac4 7,b7 ,duties ,the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor shall maintain continuous observation and review all matters pertaining to human rights and humanitarian affairs 7including matters relating to prisoners of war and members of the ,united ,states ,armed ,forces missing in action7 in the conduct of foreign policy1 including the following3 7i7 ,gathering detailed information regarding humanitarian affairs and the observance of and respect for internationally recognized human rights in each country to which the requirements of sections #cajb and #cajc1 respectively1 of the ,global ,partnerships ,act of #bjac are relevant4 7ii7 ,preparing the country reports and action plans required under sections #cajb and #cajc of the ,global ,partnerships ,act of #bjac4 7iii7 ,making recommendations to the ,secretary of ,state and the ,administrator of the ,united ,states ,agency for ,international ,development regarding implementation of the human rights policies1 principles1 restrictions and authorities of the ,global ,partnerships ,act of #bjac4 7iv7 ,administering the ,human ,rights and ,democracy ,fund established under section #cajd of the ,global ,partnerships ,act of #bjac4 7v7 ,performing other responsibilities which serve to promote increased observance of internationally recognized human rights by all countries4 7,c7 ,consultation ,the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor shall be consulted in the determinations of which countries shall receive ,united ,states foreign assistance and the nature of the assistance to be provided to each country4 7,d7 ,certain assignments ,any assignment of an individual to a political officer position at a ,united ,states mission abroad that has the primary responsibility for monitoring human rights developments in a foreign country shall be made upon the recommendation of the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor in conjunction with the head of the ,department of ,state's regional bureau having primary responsibility for that country4 4 #cajf4 ,discrimination related to sexual orientation 7a7 ,designation of officer ,the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights1 and ,labor shall designate an officer or officers who shall be responsible for tracking violence1 criminalization1 and restrictions on the enjoyment of fundamental freedoms1 consistent with ,united ,states law1 in foreign countries based on actual or perceived sexual orientation and gender identity4 7b7 ,international efforts ,the ,secretary shall work through appropriate ,united ,states ,government employees at ,united ,states diplomatic and consular missions to encourage the governments of other countries to reform or repeal laws of such countries criminalizing homosexuality or consensual homosexual conduct1 or restricting the enjoyment of fundamental freedoms1 consistent with ,united ,states law1 by homosexual individuals or organizations4 7c7 ,training for foreign service officers ,section #gjh7;a7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbh7;a77 is amended-- 7#a7 in the matter preceding paragraph 7#a71 by inserting the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor1 before the ,ambassador at ,large2 7#b7 in paragraph 7#b71 by striking and at the end2 7#c7 in paragraph 7#c71 by striking the period at the end and inserting 2 and2 and 7#d7 by adding at the end the following new paragraph3 7#d7 instruction1 in courses covering human rights reporting and advocacy work1 on identifying violence1 discrimination1 and restrictions on the enjoyment of fundamental freedoms1 consistent with ,united ,states law1 based on actual or perceived sexual orientation and gender identity4 4 #cajg4 ,personnel awards and incentives ,section #badc of the ,,advance ,democracy ,act of #bjjg 7#bb ,u4,s4,c4 #hbdc7 is amended by striking the matter preceding paragraph 7#a7 and inserting the following3 ,the ,secretary shall expand the range of awards and incentives to encourage members of the ,foreign ,service and other employees of the ,department to take assignments relating to the promotion of democracy and the protection of human rights1 which may include the following3 4 ,b ,international violence against women and girls #cbja4 ,statement of policy ,it is the policy of the ,united ,states to-- 7#a7 promote the equal participation of women in the political1 economic and social lives of their countries2 7#b7 build the capacity of foreign governments and civil societies to prevent and respond to violence against women and girls2 7#c7 ensure that all private partners under this ,act take appropriate steps to prevent and respond to violence against women and girls2 and 7#d7 systematically integrate efforts to prevent and respond to violence against women and girls into ,united ,states foreign policy and foreign assistance programs4 #cbjb4 ,duties of the ,secretary of ,state 7a7 ,designation ,the ,secretary shall designate a senior official in the ,department of ,state to conduct the activities of the ,secretary under this subtitle4 7b7 ,duties ,the ,secretary's designee shall work with the ,assistant ,secretary for ,democracy1 ,human ,rights1 and ,labor1 the ,ambassador-at-,large for ,global ,women's ,issues1 and the heads of other of relevant bureaus and offices of the ,department of ,state and other ,federal agencies to-- 7#a7 prepare the comprehensive international strategy required under section #cbjc2 7#b7 collect and analyze data about violence against women and girls internationally2 and 7#c7 compile and disseminate information about effective methods of prevention and response1 including through the preparation of public reports4 #cbjc4 ,comprehensive international strategy to prevent and respond to violence against women and girls 7a7 ,development of strategy ,not later than #a year after the date of the enactment of this ,act1 and every #e years thereafter1 the ,secretary1 with the assistance of the ,administrator1 shall-- 7#a7 develop a comprehensive1 #e-year international strategy to prevent and respond to violence against women and girls internationally2 7#b7 submit the strategy developed under paragraph 7#a7 to the appropriate congressional committees2 and 7#c7 make the strategy available to the public4 7b7 ,collaboration and coordination ,in developing the strategy under subsection 7a71 the ,secretary shall consult with-- 7#a7 ,federal agencies with expertise preventing and responding to violence against women and girls or administering international programs2 7#b7 the ,senior ,policy ,operating ,group on ,trafficking in ,persons2 and 7#c7 representatives of civil society organizations with demonstrated experience in combating violence against women and girls or promoting women's health or women's development issues internationally4 7c7 ,content ,the strategy developed under subsection 7a7 shall-- 7#a7 identify #e to #bj countries with significant levels of violence against women and girls1 including within displaced communities1 that have the government or nongovernment organizational capacity to manage and implement gender-based violence prevention and response program activities2 7#b7 include individual1 comprehensive plans for prevention and response in each of the countries identified under paragraph 7#a7 7hereafter in this chapter referred to as country plans72 7#c7 estimate the resource requirements for carrying out each country plan1 including the proposed sources of funding and amounts to be contributed by or sought from partner countries and other public and private donors2 7#d7 specify the roles and responsibilities of each ,federal agency in carrying out the strategy2 7#e7 ensure that the country plans are integrated with ,country ,development ,cooperation ,strategies required under section #ajah and action plans for human rights and democracy required under section #cajc1 as appropriate2 7#f7 explain the mechanisms and processes for consultation and coordination with partner countries and other public and private donors in all stages of planning and implementation of each country plan2 and 7#g7 describe the monitoring and evaluation mechanisms to be used for each country plan4 7d7 ,activities ,each country plan should incorporate at least #b of the following activities3 7#a7 ,enhancing the capacity of the health sector to prevent and respond to violence against women and girls4 7#b7 ,developing and enforcing civil and criminal legal and judicial sanctions1 protections1 training1 and capacity4 7#c7 ,supporting efforts to change social norms and attitudes so that violence against women and girls is neither condoned nor tolerated4 7#d7 ,expanding access of women and girls to quality education4 7#e7 ,increasing economic opportunities for women1 including through access to credit1 vocational training1 property ownership1 and inheritance rights4 #cbjd4 ,assistance to prevent and respond to violence against women and girls internationally 7a7 ,in general ,the ,secretary and the ,administrator are authorized to use funds made available for economic assistance to carry out the comprehensive international strategy and country plans developed under section #cbjc and to conduct research and collect and analyze data in accordance with section #cbjb4 7b7 ,coordination of assistance ,the ,secretary and the ,administrator shall seek to ensure that programs1 projects1 and activities carried out under this subtitle are coordinated with related programs1 projects1 and activities carried out under other provisions of law4 #cbje4 ,definitions ,in this subtitle3 7#a7 ,prevention and response ,the term prevention and response means activities designed to prevent and respond to violence against women and girls4 7#b7 ,violence against women and girls ,the term violence against women and girlsmeans any act of violence that results in1 or is likely to result in1 physical1 sexual1 or psychological harm or suffering to women or girls1 including threats of such acts1 coercion1 or arbitrary deprivations of liberty1 whether occurring in public or private life4 ,c ,rule of law #ccja4 ,findings ,congress finds the following3 7#a7 ,human security depends upon the existence of a system under which citizens are protected against arbitrary and abusive use of power1 law and order are consistently maintained1 and justice is effectively administered4 7#b7 ,the rule of law must be carried out in accordance with international human rights standards1 which include the equality and accountability of all individuals before the law regardless of political or social status2 the protection of individuals against arbitrary or discriminatory treatment by1 or with the acquiescence of1 the government2 the independence of the judiciary and the legal profession from other branches of government2 the professional maintenance of law and order2 and the transparent and fair administration of justice4 7#c7 ,responsible and effective criminal justice systems not only build the foundations for democracy and economic growth in developing countries1 but also help to stem illicit activities1 such as drug trafficking and terrorism1 that threaten ,united ,states national interests4 7#d7 ,provision of rule of law assistance to foreign police and security forces is an inherently governmental function1 which should be performed by1 or under the direct supervision of1 ,united ,states ,government employees4 7#e7 ,the ,united ,states should provide assistance to foreign law enforcement agencies only-- 7,a7 if such agencies have demonstrated a commitment to improving protection of the security1 human rights and dignity of the civilian population2 7,b7 within the context of a comprehensive program to strengthen the rule of law and improve the administration of justice2 and 7,c7 in conjunction with a system to monitor and evaluate the impact of such advice1 training1 and equipment4 #ccjb4 ,global ,rule of ,law ,policy ,committee 7a7 ,establishment ,the ,president shall establish a ,global ,rule of ,law ,policy ,committee 7hereafter in this section referred to as the ,committee71 to include the ,secretary of ,state1 the ,attorney ,general1 the ,secretary of ,homeland ,security1 the ,secretary of the ,treasury1 the ,secretary of ,defense1 the ,administrator1 and the heads of other ,federal agencies engaged in rule of law assistance4 7b7 ,purpose ,the purpose of the ,committee shall be to promote coordination among ,federal agencies carrying out rule of law assistance and to build capacity to provide such assistance effectively4 7c7 ,review ,the ,committee shall have the authority to review any proposed legislative or legal advice to be provided by private contractors to foreign law enforcement agencies4 7d7 ,coordination plan ,not later than #ahj days after the date of the enactment of this ,act1 the ,committee shall establish a plan for the coordination of rule of law assistance1 including-- 7#a7 building capacity within the ,united ,states ,government to provide expert1 long-term advice and training for foreign civilian law enforcement agencies and judicial systems2 7#b7 utilizing such capacity currently existing within other donor countries and international and nongovernmental organizations2 7#c7 delineating the roles and responsibilities of each ,federal agency in carrying out rule of law assistance2 7#d7 establishing general policies and principles guiding the provision of rule of law assistance2 and 7#e7 ensuring policy and program coordination among ,federal agencies carrying out rule of law assistance4 7e7 ,transmission to congress ,the coordination plan required under subsection 7d7 shall be transmitted to the appropriate congressional committees and made publicly available on the ,internet4 7f7 ,definition ,in this section1 the term rule of law assistance means assistance under this or any other ,act to combat crime1 improve law enforcement1 and strengthen the administration of justice in a foreign country1 including assistance under sections #ahjc1 #ccjc1 and #ebjc4 #ccjc4 ,assistance for rule of law 7a7 ,nonlethal assistance ,the ,president is authorized to provide training1 advice1 and nonlethal equipment to eligible foreign law enforcement agencies to improve the capacity of such agencies to-- 7#a7 protect the safety and security of civilian populations1 including through community policing2 7#b7 promote respect for human rights and due process of law2 7#c7 prevent and respond to violence against women and girls2 7#d7 reduce organized crime1 corruption1 and financial crimes2 7#e7 carry out investigative and forensic functions2 7#f7 bring penal institutions into conformity with international humanitarian standards2 7#g7 develop training curricula2 7#h7 manage human and financial resources and carry out administrative functions1 including internal discipline procedures2 7#i7 conduct strategic planning and institutional reform consistent with civilian democratic control2 7#aj7 institute effective mechanisms for accountability and oversight2 7#aa7 develop constructive relationships with the communities they serve2 7#ab7 prevent disputes from escalating into violence2 7#ac7 respond appropriately and effectively in disasters and emergencies2 7#ad7 control and protect land1 air and maritime borders1 and enforce customs2 7#ae7 participate in international peace support operations2 7#af7 monitor and enforce sanctions regimes2 7#ag7 detect and interdict trafficking in persons1 weapons1 narcotics1 and other contraband2 7#ah7 conduct maritime law enforcement and border control2 and 7#ai7 combat terrorism and violent extremism4 7b7 ,administration of justice ,the ,president is authorized to assist eligible foreign law enforcement agencies to improve administration of justice1 including through-- 7#a7 revision and modernization of legal codes and procedures2 7#b7 improving transparency and efficiency of judicial processes2 7#c7 professional training1 scholarships1 and exchanges of lawyers1 judges1 and other judicial officials2 7#d7 building administrative and financial management capacity in the justice sector2 7#e7 programs to enhance protection of witnesses and participants in judicial cases2 7#f7 strengthening professional organizations in order to promote services to members and the role of the bar in judicial selection1 enforcement of ethical standards1 and legal reform2 7#g7 increasing the availability of legal materials and publications2 7#h7 developing systems to ensure competent defense of indigent clients charged with crimes2 7#i7 enhancing access of crime victims to legal information and services2 and 7#aj7 programs to strengthen respect for the rule of law and internationally recognized human rights4 7c7 ,eligible agencies ,a foreign law enforcement agency shall be eligible for assistance under this section only if-- 7#a7 the ,president determines1 and reports to the appropriate congressional committees not less than #ae days in advance of providing such assistance1 that such agency has demonstrated a commitment to improving protection of the security1 human rights1 and dignity of the civilian population2 7#b7 the assistance will be used to strengthen democratic control over the police or prison authority or to improve adherence to international human rights standards2 and 7#c7 such agency is not otherwise prohibited by any provision of this ,act from receiving assistance4 7d7 ,accountability ,the ,comptroller ,general of the ,united ,states shall1 not later than #a year after the date of the enactment of this ,act1 conduct a review of the effectiveness and results of rule of law programs supported by the ,united ,states ,government over the prior #e-year period1 including their outcomes for human rights1 in order to determine best practices and lessons learned for future programming4 7e7 ,participation in foreign police actions 7#a7 ,prohibition on effecting an arrest ,no officer or employee of the ,united ,states may directly effect an arrest in any foreign country as part of any foreign police action1 notwithstanding any other provision of law4 7#b7 ,participation in arrest actions ,paragraph 7#a7 does not prohibit an officer or employee of the ,united ,states1 with the approval of the ,united ,states chief of mission1 from being present when foreign officers are effecting an arrest or from assisting foreign officers who are effecting an arrest4 7#c7 ,exception for exigent1 threatening circumstances ,paragraph 7#a7 does not prohibit an officer or employee from taking direct action to protect life or safety if exigent circumstances arise which are unanticipated and which pose an immediate threat to ,united ,states officers or employees1 officers or employees of a foreign government1 or members of the public4 7#d7 ,exception for maritime law enforcement ,with the agreement of a foreign country1 paragraph 7#a7 does not apply with respect to maritime law enforcement operations in the territorial sea or archipelagic waters of that country4 7#e7 ,exception for status of forces arrangements ,this subsection does not apply to the activities of the ,united ,states ,armed ,forces in carrying out their responsibilities under applicable status of forces arrangements4 #ccjd4 ,definition ,in this subtitle1 the term foreign law enforcement agency means an agency-- 7#a7 with domestic arrest powers2 7#b7 responsible for internal security1 including the protection of life and property2 and 7#c7 that does not report to a defense ministry or similar or related entity of a foreign government and is not a military force4 ,d ,child protection #cdja4 ,findings ,congress finds that-- 7#a7 the ,trafficking ,victims ,protection ,act of #bjjj 7,public ,law #ajf-chf7 and subsequent reauthorization ,acts establish a comprehensive framework for monitoring and combating human trafficking1 including that of children2 7#b7 under the ,trafficking ,victims ,protection ,act of #bjjj1 the ,secretary annually identifies countries that do not comply with minimum standards for the elimination of trafficking1 some of which are making significant efforts to bring themselves into compliance2 7#c7 additional incentives should be provided to encourage countries to protect and rescue children subjected to severe forms of trafficking or sexual exploitation2 and 7#d7 such incentives can be provided in the form of assistance to countries that-- 7,a7 have a significant prevalence of trafficking in children2 7,b7 agree to address institutional weaknesses within the government that result in the failure to protect vulnerable children and to rescue and properly rehabilitate victims2 and 7,c7 agree to enhance efforts to apprehend perpetrators who engage in severe forms of trafficking in children and bring them to justice in national courts of law4 #cdjb4 ,child ,protection ,compacts 7a7 ,authorization ,the ,secretary1 acting through the ,office to ,monitor and ,combat ,trafficking in ,persons and in consultation with the ,senior ,policy ,operating ,group on ,trafficking in ,persons1 is authorized to enter into a compact described in subsection 7b7 with an eligible country described in subsection 7c7 to protect and rescue children subjected to severe forms of trafficking or sexual exploitation4 ,such compact shall be known as a ,child ,protection ,compact4 7b7 ,compact 7#a7 ,in general ,a compact described in this subsection is an agreement between the ,united ,states and an eligible country that establishes a multiyear plan to protect and rescue children subjected to severe forms of trafficking or sexual exploitation4 7#b7 ,elements ,a compact shall contain-- 7,a7 the specific objectives that the country and the ,united ,states expect to achieve during the term of the compact2 7,b7 the responsibilities of the country and the ,united ,states in the achievement of such objectives2 7,c7 the particular programs or initiatives to be undertaken in the achievement of such objectives and the amount of funding to be allocated to each program or initiative2 7,d7 regular outcome indicators to monitor and measure progress toward achieving such objectives1 including indicators for each program or initiative2 7,e7 a multi-year financial plan1 including the estimated amount of contributions by the ,united ,states and the country2 and 7,f7 the strategy of the country to sustain progress made toward achieving such objectives after expiration of the compact4 7#c7 ,programs and initiatives ,programs and initiatives under a compact may include-- 7,a7 evaluating legal standards and practices and recommending improvements that will increase the likelihood of successful prosecutions2 7,b7 training anti-trafficking police and investigators2 7,c7 increasing public awareness of the risks and dangers of child trafficking2 7,d7 building cooperation between domestic nongovernmental organizations and law enforcement agencies to identify and rescue victims2 7,e7 making courts more friendly to victims2 7,f7 providing rehabilitation and reintegration services for rescued children2 7,g7 supporting innovative technology and improved data collection to prevent child trafficking1 aid in the prosecution of criminals1 and rescue victims2 and 7,h7 developing regional cooperative plans with neighboring countries to prevent cross-border trafficking of children and child sex tourism4 7c7 ,eligible countries ,a country is eligible for a compact if the country-- 7#a7 is a developing country1 in that term is defined in section #ajbc2 7#b7 is a ,tier ,,ii country or ,tier ,,ii ,watch ,list country2 7#c7 has a documented high prevalence of trafficking of children2 and 7#d7 has demonstrated political will and sustained commitment by the government to undertake meaningful measures to address severe forms of trafficking of children1 including-- 7,a7 enactment and enforcement of laws criminalizing trafficking in children with punishments commensurate with the crime1 including1 when necessary1 against complicit government officials2 7,b7 cooperation with local and international nongovernmental organizations with demonstrated expertise in combating the trafficking in children2 and 7,c7 the treatment of child trafficking victims in accordance with ,article #f7c7 of the ,protocol to ,prevent1 ,suppress and ,punish ,trafficking in ,persons1 ,especially ,women and ,children1 ,supplementing the ,united ,nations ,convention ,against ,transnational ,organized ,crime4 #cdjc4 ,authorization of assistance 7a7 ,in general ,the ,secretary is authorized to use funds made available under this ,act for economic assistance to-- 7#a7 develop a ,child ,protection ,compact between the ,united ,states and an eligible country under section #cdjb2 and 7#b7 provide assistance to an eligible entity described in subsection 7b7 to carry out a ,child ,protection ,compact4 7b7 ,eligible entities ,in carrying out a ,child ,protection ,compact1 the ,secretary may provide assistance to-- 7#a7 the national government of the eligible country under section #cdjb2 7#b7 regional or local governmental units of an eligible country under section #cdjb2 7#c7 a regional or international organization2 or 7#d7 a nongovernmental organization or a private entity with expertise in the protection of vulnerable children1 the investigation and prosecution of those who engage in or benefit from child trafficking1 or the rescue of child victims of trafficking4 #cdjd4 ,suspension and termination of assistance 7a7 ,suspension and termination of assistance ,the ,secretary shall suspend or terminate assistance under section #cdjc in whole or in part for an eligible entity under section #cdjc if the ,secretary determines that-- 7#a7 the entity is engaged in activities that are contrary to the national security interests of the ,united ,states2 7#b7 the entity has engaged in a pattern of actions inconsistent with the criteria used to determine the eligibility of the country or entity1 as the case may be2 or 7#c7 the entity has failed to adhere to its responsibilities under the ,child ,protection ,compact4 7b7 ,reinstatement ,the ,secretary may reinstate assistance that has been suspended or terminated under subsection 7a7 only if the ,secretary determines that the entity has demonstrated a commitment to correcting each condition for which assistance was suspended or terminated4 7c7 ,congressional notification ,not later than #c days after the date on which the ,secretary suspends or terminates assistance under subsection 7a7 for an entity1 or reinstates assistance under subsection 7b7 for an entity1 the ,secretary shall submit to the appropriate congressional committees a report that contains the determination of the ,secretary under subsection 7a7 or subsection 7b71 as the case may be4 #cdje4 ,congressional notification 7a7 ,prior consultation ,not later than #ae days prior to the start of negotiations of a ,child ,protection ,compact with a country1 the ,ambassador shall consult with the appropriate congressional committees4 7b7 ,congressional notification ,not later than #aj days after entering into a ,child ,protection ,compact with a country1 the ,ambassador shall notify the appropriate congressional committees1 and shall provide a detailed summary of the ,compact and a copy of the text of the ,compact4 7c7 ,monitoring and evaluation ,the ,ambassador shall ensure that regular monitoring reports for each compact are prepared and made available to the appropriate congressional committees1 and that an independent impact evaluation is conducted upon the completion of a compact4 #cdjf4 ,definitions ,in this subtitle3 7#a7 ,ambassador ,the term ,ambassador means the ,ambassador-at-,large of the ,department of ,state's ,office to ,monitor and ,combat ,trafficking in ,persons4 7#b7 ,child protection ,the term child protection means efforts to prevent and respond to violence1 exploitation1 and abuse against children4 7#c7 ,compact ,the term ,child ,protection ,compact or ,compact means a ,child ,protection ,compact described in section #cdjb4 7#d7 ,severe forms of trafficking ,the term severe forms of trafficking in persons means-- 7,a7 sex trafficking in which a commercial sex act is induced by force1 fraud1 or coercion1 or in which the person induced to perform such act has not attained #ah years of age2 or 7,b7 the recruitment1 harboring1 transportation1 provision1 or obtaining of a person for labor or services1 through the use of force1 fraud1 or coercion for the purpose of subjection to involuntary servitude1 peonage1 debt bondage1 or slavery4 7#e7 ,tier ii countries and tier ii watch list countries ,the terms ,tier ,,ii countries and ,tier ,,ii ,watch ,list countries mean those countries designated by the ,secretary as not meeting minimum standards for the elimination of trafficking4 ,,iv ,building and reinforcing strategic partnerships #djja4 ,findings ,congress finds the following3 7#a7 ,the ultimate goal of the ,united ,states continues to be a world which is free from the scourge of war and the dangers and burdens of armaments1 in which the use of force has been subordinated to the rule of law1 and in which international adjustments to a changing world are achieved peacefully4 7#b7 ,in furtherance of that goal1 it remains the policy of the ,united ,states to encourage regional arms control and disarmament agreements2 discourage arms races2 and encourage restraint in the provision of armaments1 especially small arms and light weapons and advanced conventional weapons1 to countries in regions of instability4 7#c7 ,the efforts of the ,united ,states and other friendly countries to promote peace and security continue to require measures of support based upon the principle of effective self-help and mutual aid4 7#d7 ,the peace of the world and the security of the ,united ,states are endangered so long as hostile countries continue by threat of military action1 by the use of economic pressure1 by their active or permissive support of terrorists1 terrorist organizations and extremism1 and by internal subversion1 or other means to attempt to undermine the peace1 security1 human rights1 political freedoms1 civil rights1 or prosperity of others4 7#e7 ,peace and security for all is endangered by the failure of countries to live up to their sovereign responsibilities to protect civilian populations from violence1 reduce terrorism1 halt the spread of dangerous materials1 and control transnational crime4 7#f7 ,it is in the interest of the ,united ,states to help foreign countries build capable and accountable military1 police1 customs1 and other security forces1 under civilian democratic control1 in order to exercise their sovereign responsibilities4 7#g7 ,extreme poverty and underdevelopment are threats to peace4 ,the provision of foreign assistance under this title to developing countries must take into account how the foreign assistance will affect such countries' social and economic development and whether the foreign assistance is diverting resources away from development efforts that meet basic needs of the population and address root causes of instability4 7#h7 ,weapons and weapons systems are not and should not be considered to be normal commodities for international trade1 and the ,united ,states should permit such sales only to the extent that such sales directly support ,united ,states foreign policy and national security objectives4 7#i7 ,foreign assistance under this title should not be provided if such foreign assistance will likely-- 7,a7 contribute to an arms race or regional instability2 7,b7 increase the possibility of outbreak or escalation of conflict1 either within or across the borders of the recipient country2 7,c7 support international terrorism2 7,d7 prejudice the development of bilateral or multilateral arms control arrangements2 7,e7 adversely affect the arms control or nonproliferation policy of the ,united ,states2 7,f7 be in excess to the legitimate defense needs of the recipient country in terms of the actual threats to its national security it faces2 or 7,g7 undermine the objectives and purposes to promote and protect human rights and democracy under title ,,iii4 #djjb4 ,statement of policy ,it is the policy of the ,united ,states-- 7#a7 to promote the peace of the world and the foreign policy1 security1 and general welfare of the ,united ,states by fostering an improved climate of security1 political independence and individual liberty1 improving the ability of friendly countries and international organizations to deter or1 if necessary1 defeat aggression in whatever form1 facilitating arrangements for individual and collective security1 assisting friendly countries to provide for their legitimate defense needs1 and creating an environment of security and stability in the developing friendly countries essential to their more rapid social1 economic1 and political progress2 7#b7 to exert leadership in the world community to bring about arrangements for reducing the international trade in implements of war and to lessen the danger of outbreak of regional conflict and the burdens of armaments2 7#c7 to exert maximum efforts to achieve universal control of weapons of mass destruction1 the securing and control of the means to produce and deliver them1 and universal regulation and reduction of armaments1 including armed forces1 under adequate safeguards to protect complying countries against violation1 aggression1 and invasion2 7#d7 to administer ,united ,states programs for or procedures governing the export1 sale1 and grant of defense articles and defense services to foreign countries and international organizations in a manner consistent with the goals described in section #djjc2 7#e7 to achieve international peace and security through the ,united ,nations and the diplomatic settlement of disputes so that armed force shall not be used except for individual or collective self-defense2 7#f7 to encourage all other countries to join in a common undertaking to meet the goals described in section #djjc2 and 7#g7 to give priority for the provision of foreign assistance under this title to the needs of those countries in danger of becoming victims of aggression1 terrorism1 or intimidation by conventional or non-conventional military means4 #djjc4 ,goals of assistance 7a7 ,in ,general ,the provision of foreign assistance under this title to any country or organization shall be furnished solely to achieve the following goals3 7#a7 ,to improve the ability of the country or organization to meet its legitimate defense and internal security needs4 7#b7 ,to assist and encourage the country or organization to recognize and effectively address problems that threaten ,united ,states security1 including terrorism1 proliferation of weapons and dangerous technologies1 environmental destruction1 the spread of deadly disease1 and transnational crime4 7#c7 ,to protect civilian populations from violence1 including criminal violence4 7#d7 ,to permit the country or organization to participate in regional or collective arrangements or measures requested by the ,united ,nations1 or consistent with the ,charter of the ,united ,nations1 for the purpose of maintaining or restoring international peace and security4 7#e7 ,to increase the professionalization1 transparency1 accountability1 humanitarian and disaster response capacity1 or human rights record of the security forces of the country or organization1 and the effective control of such security forces by civilian democratic authorities4 7#f7 ,to promote a social1 economic1 and political environment conducive to stable peace in the country or region4 7b7 ,biennial review and report 7#a7 ,review ,in carrying out the requirements of section #hbja with respect to security assistance1 the ,secretary shall1 for each country to which such assistance is provided-- 7,a7 review the extent to which such assistance is achieving the goals of subsection 7a72 7,b7 review the impact of such assistance on internationally recognized human rights2 and 7,c7 incorporate the results of such review into decisions regarding the provision and design of security assistance4 7#b7 ,biennial report ,not later than #b years after the date of the enactment of this ,act1 and every #b years thereafter1 the ,president shall submit to the appropriate congressional committees a report on the result of the review required under paragraph 7#a7 and the steps taken to incorporate the results of such review into security assistance decisionmaking4 ,a ,economic ,support ,fund #daja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,conflict1 violence1 anarchy1 and instability1 fueled by problems such as tyranny and oppression1 corruption and financial mismanagement1 ethnic and religious discrimination and discord1 competition over resources1 and other sources of tension1 are among the greatest threats to ,united ,states national security4 7#b7 ,terrorism and violent extremism undermine the stability and survival of states1 the protection of democratic freedoms1 the vitality of economies and markets1 and the lives of civilian populations4 7#c7 ,united ,states leadership is essential to countering terrorism and violent extremism1 fostering political and economic stability1 and reaching comprehensive1 just and lasting peace agreements4 7#d7 ,to reduce the need for military force1 the ,united ,states must develop and maintain a broad range of efficient and effective diplomatic and economic tools to promote peaceful resolution of conflict and to prevent the collapse of weak and fragile states4 7#e7 ,efforts to promote international peace and stability are most effective when undertaken on a multilateral basis1 in concert with strategic partners4 7#f7 ,prudent investment of ,united ,states resources to assist1 through bilateral and collective efforts1 in preventing or containing armed conflict1 in restoring peace and stability1 and in addressing the sources of conflict1 is essential for achieving a peaceful world4 7#g7 ,while stability is a necessary precursor to long-term development1 stabilization programming often has different objectives1 beneficiaries1 modalities1 and measurement tools than long-term development programming1 and should be justified1 budgeted1 and evaluated according to different criteria4 7b7 ,statement of policy ,it is the policy of the ,united ,states to deepen engagement with close allies and partners1 and to develop relations with new partners1 to prevent violent conflict1 resolve underlying grievances fairly1 and build sustainable peace4 #dajb4 ,goal and objectives 7a7 ,goal ,the goal of foreign assistance under this subtitle is to expand strategic partnerships to prevent violent conflict1 resolve underlying grievances fairly1 and build sustainable peace4 7b7 ,objectives ,in furtherance of the goal described in subsection 7a71 foreign assistance under this subtitle shall be designed to achieve the following objectives3 7#a7 ,promoting and supporting peace agreements4 7#b7 ,increasing economic and political stability4 7#c7 ,facilitating participation in collective diplomatic and security efforts4 7#d7 ,strengthening democratic governance4 #dajc4 ,economic ,support ,fund 7a7 ,authorization ,the ,president is authorized to provide foreign assistance under this subtitle to countries and organizations1 on such terms and conditions as the ,president may determine1 in order to achieve the goal and objectives of this subtitle4 ,such foreign assistance shall be known as ,economic ,support ,fund assistance4 7b7 ,relationship to development assistance ,foreign assistance under this subtitle-- 7#a7 should be designed to complement assistance under title ,i and should be linked with subsequent medium-term and long-term development programs2 7#b7 shall be provided1 to the maximum extent feasible1 consistent with the policy directions1 purposes1 and programs of title ,i2 and 7#c7 is authorized to be provided for countries in amounts that could not be justified solely under assistance under title ,i4 7c7 ,role of the secretary ,the ,secretary shall be responsible for policy decisions and justifications for foreign assistance under this subtitle1 including determinations of whether to provide foreign assistance to a country or organization and the amount of such foreign assistance4 ,the ,secretary shall exercise this responsibility in coordination with the ,administrator4 7d7 ,information ,to be provided ,the annual congressional budget justification required under section #hcjb and the database required under section #hcja shall include information concerning the amounts and kinds of cash grant transfers1 the amounts and kinds of budgetary and balance-of-payments support provided1 and the amounts and kinds of project assistance provided with funds made available under this subtitle4 7e7 ,non-,military purposes ,amounts made available to carry out this subtitle may not be used for military or paramilitary purposes and may not be carried out by military forces4 7f7 ,availability of funds ,amounts made available to carry out this subtitle are authorized to remain available until expended4 #dajd4 ,cash transfer assistance 7a7 ,in general ,the ,secretary is authorized to provide foreign assistance under this subtitle in the form of cash grant transfers1 balance-of-payments support1 or other non-project assistance only to the extent and in the amounts justified in the annual congressional budget justification required under section #hcjb or as subsequently notified to ,congress pursuant to section #hdja4 7b7 ,separate accounts ,a country or organization receiving foreign assistance in the form of cash transfers or non-project sector assistance shall be required to maintain such funds in a separate account and not commingle them with any other funds4 7c7 ,use of funds ,funds placed into a separate account pursuant to subsection 7b7 may be obligated and expended notwithstanding commodity restrictions 7as defined in section #ajjja74 ,b ,security partnerships #a ,general authorities #dbaa4 ,authorization of assistance 7a7 ,authorization 7#a7 ,in general ,the ,president is authorized to provide foreign assistance under this subtitle to any country or organization that is eligible to receive such assistance in order to promote security in the country or region4 7#b7 ,terms and conditions ,the ,president may provide foreign assistance under this subtitle on such terms and conditions as the ,president may determine4 7b7 ,types of assistance ,assistance provided under subsection 7a7 includes-- 7#a7 acquiring from any source and providing by grant any defense article or defense service2 7#b7 assigning or detailing members of the ,united ,states ,armed ,forces and other personnel of the ,department of ,defense1 the ,department of ,state1 or any other ,federal agency1 to perform duties of a non-combatant nature2 or 7#c7 transferring such amounts made available under this title as the ,president may determine for assistance to the country or organization to the account in which amounts for the procurement of defense articles and defense services under section #dcaa and section #dcab have been deposited for the country or organization1 to be merged with such deposited funds1 and to be used solely to meet obligations of the country or organization for payment for sales of defense items and services under this title4 7c7 ,exclusion of certain costs ,sales that are wholly paid from funds transferred under subsection 7b77#c7 or from funds made available on a non-repayable basis under section #dcaa shall be priced to exclude the costs of salaries of members of the ,united ,states ,armed ,forces 7other than the ,coast ,guard74 #dbab4 ,conditions of assistance 7a7 ,in general ,consistent with the requirements of sections #dcfa and #dcfb1 foreign assistance authorized under this subtitle1 including defense articles1 defense services1 or related training1 may be provided to any country or organization if the country or organization 7as the case may be7 has agreed that-- 7#a7 it will not transfer title to1 or possession or use of1 any defense article1 defense service1 or related training so provided to it1 or produced pursuant to a cooperative project agreement1 to anyone who is not an officer1 employee1 or agent of the country or organization 7as the case may be7 or the specific member countries 7other than the ,united ,states7 in the case of a cooperative project agreement1 without the prior consent of the ,president2 7#b7 it will maintain the security of such articles1 services1 or related training and will provide substantially the same degree of security protection afforded to such articles1 services1 or related training by the ,united ,states ,government2 7#c7 it will1 as the ,president may require1 permit continuous observation and review by1 and provide necessary information to1 representatives of the ,united ,states ,government with regard to the use of such articles1 services1 or related training2 and 7#d7 unless the ,president consents to other disposition1 it will return to the ,united ,states ,government for such use or disposition as the ,president considers in the best interests of the ,united ,states1 such articles1 services1 or related training which are no longer needed for the purposes for which provided4 7b7 ,certification 7#a7 ,in general ,the ,secretary may not give consent under section #dcfa to the retransfer of any defense article or defense service that would be1 if it were a sale1 subject to the requirements of section #dchb 7regarding congressional certification of sensitive foreign military sales and agreements71 unless the ,secretary submits to the appropriate congressional committees a written certification with respect to such proposed retransfer containing-- 7,a7 the name of the country or organization proposing to make such retransfer2 7,b7 a description of such article or service proposed to be retransferred1 including its acquisition cost2 7,c7 the name of the proposed recipient of such article or service2 7,d7 the reasons for such proposed retransfer2 and 7,e7 the date on which such retransfer is proposed to be made4 7#b7 ,form ,any certification submitted to the appropriate congressional committees pursuant to paragraph 7#a7-- 7,a7 shall be submitted in unclassified form1 except that information regarding the dollar value and number of defense articles or defense services proposed to be retransferred may be submitted in classified form if public disclosure thereof would be clearly detrimental to the security of the ,united ,states2 and 7,b7 shall be subject to the requirements of sections #dchd4 7#c7 ,exception ,paragraph 7#a7 shall not apply to an export that has been exempted from the licensing requirements of this title pursuant to an agreement pursuant to section #dcda4 7c7 ,exception for incorporated components ,the consent of the ,president under subsection 7a77#a7 shall not be required for the transfer by a foreign country or international organization of defense articles sold by the ,united ,states under this ,act if-- 7#a7 such articles constitute components incorporated into foreign defense articles2 7#b7 the recipient is the government of a strategic ,united ,states ally2 7#c7 the recipient is not a country designated under section #idja2 7#d7 the ,united ,states-origin components are not-- 7,a7 significant military equipment2 7,b7 defense articles for which notification to ,congress is required under section #dchb2 and 7,c7 identified by regulation as ,missile ,technology ,control ,regime items2 and 7#e7 the foreign country or international organization provides notification of the transfer of the defense articles to the ,united ,states ,government not later than #cj days after the date of such transfer4 #dbac4 ,prohibition for misuse of ,united ,states assistance 7a7 ,prohibition ,no foreign assistance may be provided under this subtitle1 subtitle ,c1 or any predecessor ,act to any country or organization if the ,secretary has credible information the country or organization 7as the case may be7 uses or has used assistance1 including defense articles or defense services1 provided under this title or any predecessor ,act in substantial violation 7either in terms of quantities or in terms of the gravity of the consequences regardless of the quantities involved7 of any agreement entered into pursuant to this title or any such ,act-- 7#a7 by using such articles or services for a purpose not authorized under section #dcja or1 if such agreement provides that such articles or services may only be used for purposes more limited than those authorized under section #dcja1 for a purpose not authorized under such agreement2 or 7#b7 by transferring such articles or services to1 or permitting any use of such articles or services by1 anyone not an officer1 employee1 or agent of the country or organization without the prior consent of the ,united ,states2 or 7#c7 by failing to maintain the security of such articles or services1 including attempts to obtain classified or proprietary information or technology from such articles or services4 7b7 ,congressional notification 7#a7 ,in general ,the ,secretary shall notify the appropriate congressional committees promptly upon the receipt of credible information that a country or organization may have committed a violation described in subsection 7a71 and what actions are being taken to implement the prohibition under that subsection4 ,the ,president shall ensure that the appropriate ,united ,states ,government departments and agencies provide to the ,secretary without delay any and all information relating to a violation described in subsection 7a74 7#b7 ,timing ,the notification required under paragraph 7#a7 with respect to a country or organization shall occur before a certification required under chapter #f of subtitle ,c relating to a proposed export of a defense article or defense service to the country or organization4 7c7 ,reinstatement ,the prohibition on assistance under subsection 7a7 shall cease to be effective for any country or organization if the ,secretary determines and notifies the appropriate congressional committees that-- 7#a7 the violation for which the prohibition was imposed has ceased2 7#b7 the country or organization 7as the case may be7 has given assurances satisfactory to the ,secretary that the violation will not recur2 and 7#c7 the country or organization 7as the case may be7 has taken sufficient steps to prevent a recurrence of any similar violation2 or 7#d7 the ,secretary has determined that the violation did not in fact occur4 7d7 ,waiver ,the ,secretary may waive the prohibition on assistance under subsection 7a7 for any country or organization if the ,secretary determines and notifies the appropriate congressional committees that such prohibition on assistance would have a significant adverse impact on the security of the ,united ,states4 7e7 ,review and report 7#a7 ,review ,not later than #ahj days after the date of the enactment of this ,act1 and every #c years thereafter1 the ,inspector ,general of the ,department of ,state shall conduct a review of investigations by the ,department of ,state of any and all possible occasions of misuse of defense articles and defense services by countries and organizations to determine whether the ,department of ,state has fully complied with the requirements of this section1 as well as with the ,department of ,state's internal procedures 7and whether such procedures are adequate71 for reporting to ,congress any information regarding the unlawful use or transfer of defense articles and defense services by such countries and organizations4 7#b7 ,report ,the ,inspector ,general of the ,department of ,state shall submit to the appropriate congressional committees for each of fiscal years #bjad through #bjag a report that contains the findings and results of the review conducted under paragraph 7#a74 ,the report shall be submitted in unclassified form to the maximum extent possible1 but may include a classified annex4 #b ,drawdown authority #dbba4 ,authorization of emergency assistance 7a7 ,authorization ,if the ,president determines that-- 7#a7 an unforeseen emergency exists which requires the immediate provision of assistance authorized under this subtitle to a country or organization1 and 7#b7 the emergency requirement cannot be met under the authority of any other provision of law except this section1 the ,president may direct1 in order to meet the goals described in section #djjc1 the drawdown of articles and services1 including training1 from any ,federal agency of an aggregate value of not to exceed #bej1jjj1jjj in any fiscal year4 7b7 ,congressional notification ,the ,president may exercise the authority of subsection 7a7 with respect to an emergency described in subsection 7a7 only if the ,president first notifies the appropriate congressional committees4 #dbbb4 ,authorization of non-emergency assistance 7a7 ,in general ,if the ,president determines that it is in the national interest of the ,united ,states to drawdown articles and services from the inventory and resources of any ,federal agency1 including military education and training from the ,department of ,defense1 the ,president may direct the drawdown of such articles1 services1 and military education and training-- 7#a7 for purposes of providing foreign assistance1 as administered by the ,department of ,state1 under this ,act2 7#b7 for purposes of providing assistance under the ,migration and ,refugee ,assistance ,act of #aifb2 or 7#c7 to support cooperative efforts with ,vietnam1 ,cambodia1 or ,laos to locate and repatriate members of the ,united ,states ,armed ,forces and civilians employed directly or indirectly by the ,united ,states ,government who remain unaccounted for from the ,vietnam ,war1 including for purposes of-- 7,a7 ensuring the safety of ,united ,states ,government personnel engaged in such cooperative efforts2 and 7,b7 supporting ,department of ,defense-sponsored humanitarian projects associated with such efforts4 7b7 ,limitation ,an aggregate value of not to exceed #bej1jjj1jjj in any fiscal year of such articles1 services1 and military education and training may be provided pursuant to subsection 7a74 7c7 ,notification ,the authority contained in this section shall be effective for any such drawdown only upon notification to the appropriate congressional committees at least #ae days prior to such drawdown in accordance with the procedures applicable to reprogramming notifications4 #dbbc4 ,commercial transportation and related services ,for purposes of this chapter1 a drawdown of articles or services may include the supply of commercial transportation and related services that are acquired by contract for the purposes of the drawdown in question if the cost to acquire such commercial transportation and related services is less than the cost to the ,united ,states ,government of providing such services from existing assets of the applicable ,federal agency4 #dbbd4 ,report 7a7 ,in general ,the ,secretary shall keep the appropriate congressional committees fully and currently informed of assistance provided to a country or organization under this chapter1 including by submitting to the appropriate congressional committees a report describing such assistance delivered to each country or organization upon delivery of such articles or upon completion of such services or education and training4 7b7 ,publication on website ,the ,secretary shall publish each report required under subsection 7a7 on the ,internet website of the ,department of ,state upon submission of the report to the appropriate congressional committees4 #c ,loans of defense articles #dbca4 ,loan requirements ,in addition to such other terms and conditions as the ,president may determine pursuant to section #dbaa1 defense articles and defense services may be loaned under such section only if-- 7#a7 there is a bona fide reason1 other than the shortage of funds1 for providing such articles on a loan basis rather than on a grant basis2 7#b7 there is a reasonable expectation that such articles will be returned to the ,federal agency making the loan at the end of the loan period unless the loan is then renewed2 7#c7 the loan period is of fixed duration not exceeding five years1 during which such article may be recalled for any reason by the ,united ,states2 7#d7 the agency making the loan is reimbursed for the loan according to the provisions of section #dbcb2 and 7#e7 the loan agreement provides that-- 7,a7 if the defense article is damaged while on loan1 the country or organization to which it was loaned will reimburse the ,united ,states for the cost of restoring or replacing the defense article2 and 7,b7 if the defense article is lost or destroyed while on loan1 the country or organization to which it was loaned will pay to the ,united ,states an amount equal to the replacement cost 7less any depreciation in the value7 of the defense article4 #dbcb4 ,cost of loans 7a7 ,in general ,in the case of any loan of a defense article or defense service made under section #dbaa1 there shall be a charge to the appropriation for security assistance for any fiscal year while such article or service is on loan in an amount based on-- 7#a7 the out-of-pocket expenses authorized to be incurred in connection with such loan during such fiscal year2 and 7#b7 the depreciation which occurs during such year while such article is on loan4 7b7 ,inapplicability ,the provisions of this chapter shall not apply to any defense article or defense service1 or portion thereof1 acquired with funds made available for assistance under this title4 #d ,stockpiling of defense articles #dbda4 ,general authority 7a7 ,in general ,the ,president is authorized to set aside1 reserve1 or otherwise earmark defense articles in the inventory of the ,department of ,defense1 consistent with the provisions of this ,act1 for future use by any foreign country that is a strategic ,united ,states ally4 7b7 ,notification 7#a7 ,in general ,except as provided in paragraph 7#b71 not later than #ae days before making a defense article that has been set aside1 reserved1 or otherwise earmarked under the authority of this section made available to or for use by a foreign country described in subsection 7a71 the ,president shall transmit a notification of the proposed transfer to the appropriate congressional committees and to the ,committees on ,armed ,services of the ,house of ,representatives and the ,senate4 ,the notification shall identify the items to be transferred and the concessions to be received4 7#b7 ,exception ,if the ,president determines that an emergency exists that requires making a defense article available to a foreign country described in subsection 7a71 the ,president is authorized to make such defense article available immediately upon notification to the appropriate congressional committees4 ,the ,president shall set forth the reasons for determining that such an emergency exists that warrants the immediate use of this authority4 7c7 ,rule of construction ,no defense article transferred from any stockpile which is made available to or for use by any foreign country under this section may be considered an excess defense article for the purpose of determining the value thereof4 #dbdb4 ,value of defense articles 7a7 ,in general ,the value of defense articles to be set aside1 reserved1 or earmarked or intended for use under this chapter in stockpiles located in foreign countries may not exceed #cjj1jjj1jjj for a fiscal year1 of which up to #bjj1jjj1jjj may be made available for stockpiles in the ,state of ,israel4 7b7 ,value defined ,for purposes of this section1 the term value means the acquisition cost plus crating1 packing1 handling1 and transportation costs incurred in carrying out section #dbda4 #e ,foreign military financing #dbea4 ,general authority ,the ,president is authorized to finance the procurement of defense articles1 defense services1 and design and construction services by foreign countries and international organizations1 on such terms and conditions as the ,president may determine consistent with the requirements of this chapter4 #dbeb4 ,rule of construction ,references in any law to credits extended under this chapter or section #ba of the ,arms ,export ,control ,act shall be deemed to include reference to participations in credits4 #dbec4 ,audits ,for each fiscal year1 the ,secretary of ,defense1 as requested by the ,director of the ,defense ,security ,assistance ,agency1 shall conduct audits on a nonreimbursable basis of private firms that have entered into contracts with countries or organizations under which defense articles1 defense services1 or design and construction services are to be procured by such firms for such countries or organizations from financing under this chapter4 #dbed4 ,cash flow financing ,the ,secretary may approve cash flow financing for ,israel and ,egypt for the procurement of defense articles1 defense services1 or design and construction services in excess of #ajj1jjj1jjj4 #f ,international military education and training #dbfa4 ,purpose ,the purpose of this chapter is to provide military education and training activities under this chapter that are designed-- 7#a7 to encourage effective and mutually beneficial relations and increased understanding between the ,united ,states and foreign countries in furtherance of the goals of international peace and security2 7#b7 to improve the ability of foreign countries to utilize their resources1 including defense articles and defense services obtained by such countries from the ,united ,states1 with maximum effectiveness1 thereby contributing to greater self-reliance by such countries2 and 7#c7 to increase the awareness of nationals of foreign countries participating in such activities of basic issues involving respect and observance of internationally recognized human rights1 the importance of civilian oversight and authority over security and national defense forces1 and of accountability of defense personnel to civilian governments and courts4 #dbfb4 ,military education and training for foreign military and defense personnel 7a7 ,authority ,the ,secretary is authorized to provide1 on such terms and conditions as the ,secretary may determine1 military education and training to foreign military and defense personnel4 7b7 ,requirements ,professional military education and training provided under subsection 7a7 shall be designed to-- 7#a7 contribute to greater cooperation between the ,united ,states and the government of such foreign military and defense personnel on ,united ,states counternarcotics1 counterterrorism1 or counterproliferation efforts2 and 7#b7 foster greater respect for1 and understanding of-- 7,a7 democracy and the rule of law1 including the principle of civilian control of the military2 and 7,b7 internationally recognized human rights4 7c7 ,selection of participants ,the selection of foreign military and defense personnel for training under this chapter shall be made in consultation with the ,secretary of ,defense4 7d7 ,foreign military and defense personnel defined ,in this section1 the term foreign military and defense personnel means members of the armed forces and civilian personnel of the defense ministry of a foreign country4 #dbfc4 ,military education and training for foreign civilian personnel 7a7 ,authority ,the ,secretary is authorized to provide1 on such terms and conditions as the ,secretary may determine1 military education and training to foreign civilian personnel1 if such military education and training would contribute to-- 7#a7 civilian1 democratic control of the military2 7#b7 responsible defense resource management2 7#c7 cooperation between military and law enforcement personnel with respect to counternarcotics1 counterterrorism1 or counterproliferation activities2 or 7#d7 improved military justice systems and procedures in accordance with internationally recognized human rights4 7b7 ,foreign civilian personnel defined ,in this section1 the term foreign civilian personnel includes legislators1 representatives of civil society1 and foreign governmental personnel of ministries other than ministries of defense4 #dbfd4 ,locations of instruction ,military education and training activities carried out under this chapter may be provided through-- 7#a7 attendance at military educational and training facilities in the ,united ,states 7other than ,service academies7 and abroad2 7#b7 attendance in special courses of instruction at schools and institutions of learning or research in the ,united ,states and abroad2 and 7#c7 observation and orientation visits to military facilities and related activities in the ,united ,states and abroad4 #dbfe4 ,reimbursement ,the ,secretary shall seek reimbursement for military education and training provided under this chapter from countries using assistance under section #dbea to purchase such military education and training at a rate comparable to the rate charged to countries receiving grant assistance for military education and training under this chapter4 #dbff4 ,exchange of training and related support 7a7 ,authority ,subject to subsection 7b71 the ,secretary1 in consultation with the ,secretary of ,defense1 is authorized to provide training and related support to foreign military and defense personnel 7as defined in section #dbfb7 and to foreign civilian personnel 7as defined in section #dbfc74 ,such training and related support shall be provided by the ,secretary of ,defense and may include the provision of transportation1 food services1 health services1 and logistics and the use of facilities and equipment4 7b7 ,agreement or other arrangement required 7#a7 ,in general ,training and related support may be provided under this section only pursuant to an agreement or other arrangements providing for the provision by the country or organization1 on a reciprocal basis1 of comparable training and related support to the ,united ,states4 7#b7 ,reasonable period of time ,such reciprocal training and related support shall be provided within a reasonable period of time 7which may not be more than one year7 of the provision of training and related support by the ,united ,states ,government under this chapter4 7c7 ,reimbursement requirement ,to the extent that a country or organization to which training and related support is provided under this section does not provide such comparable training and related support to the ,united ,states within a reasonable period of time1 the ,secretary shall require a country or organization to reimburse the ,united ,states for the full costs of the training and related support provided by the ,united ,states4 7d7 ,regulations ,the ,president shall prescribe regulations for the provision of training and related support under this section4 #g ,transfer of excess defense articles #dbga4 ,transfer of excess defense articles 7a7 ,authority ,to further the goals and objectives of ,united ,states foreign policy and the goals of this ,act1 the ,secretary is authorized to transfer to foreign countries and international organizations excess defense articles under this section that have been designated by the ,secretary of ,defense as excess to the military needs of the ,united ,states1 except for naval vessels subject to section #dbge4 7b7 ,limitations on transfers ,the ,secretary may authorize the transfer of excess defense articles under this section only if-- 7#a7 such articles are drawn from existing stocks of the ,department of ,defense2 7#b7 funds available to the ,department of ,defense for the procurement of defense equipment are not expended in connection with the transfer2 7#c7 the transfer of such articles will not have1 in the judgment of the ,secretary of ,defense1 an adverse impact on the military readiness of the ,united ,states2 7#d7 with respect to a proposed transfer of such articles on a grant basis1 such a transfer is preferable to a transfer on a sales basis1 after taking into account the potential proceeds from1 and likelihood of1 such sales1 and the comparative foreign policy benefits that may accrue to the ,united ,states as the result of a transfer on either a grant or sales basis2 and 7#e7 the transfer of such articles will not have an adverse impact on the national technology and industrial base and1 particularly1 will not reduce the opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are transferred4 #dbgb4 ,terms of transfers 7a7 ,in general ,excess defense articles may be transferred under section #dbga without cost to the recipient country or international organization4 7b7 ,waiver of requirement for reimbursement of department of defense expenses section #ajeje7;c7 shall not apply with respect to the transfer to foreign countries and international organizations of excess defense articles 7including transportation and related costs7 under section #dbga4 7c7 ,transportation and related costs 7#a7 ,in general ,except as provided in paragraph 7#b71 funds available to the ,department of ,defense may not be expended for crating1 packing1 handling1 and transportation of excess defense articles transferred under the authority of section #dbga4 7#b7 ,exception ,excess defense articles may be transported to a recipient country or international organization without charge if-- 7,a7 the ,secretary determines that it is in the national interest of the ,united ,states to do so2 7,b7 the total weight of the transfer does not exceed #ej1jjj pounds2 and 7,c7 such transportation is accomplished on a space available basis4 #dbgc4 ,advance notification to ,congress for transfer of certain excess defense articles 7a7 ,in general ,the ,secretary may not transfer excess defense articles that are significant military equipment 7as defined in section #ddaa7 or excess defense articles valued 7in terms of original acquisition cost7 at #aj1jjj1jjj or more1 under section #dbga until #cj days after the date on which the ,secretary has provided notice of the proposed transfer to the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications under section #hdja4 7b7 ,contents ,such notification shall include-- 7#a7 a statement outlining the purposes for which the article is being provided to the country1 including whether such article has been previously provided to such country2 7#b7 an assessment of the impact of the transfer on the military readiness of the ,united ,states2 7#c7 an assessment of the impact of the transfer on the national technology and industrial base and1 particularly1 the impact on opportunities of entities in the national technology and industrial base to sell new or used equipment to the countries to which such articles are to be transferred2 7#d7 a statement describing the current value of such article and the value of such article at acquisition2 and 7#e7 an assessment1 if the article is a small arm or light weapon1 of the risk that such article or article could be illicitly transferred to terrorist or criminal persons or groups or otherwise used for unauthorized purposes4 #dbgd4 ,aggregate annual limitation ,the aggregate value of excess defense articles transferred to countries under section #dbga in any fiscal year may not exceed #ejj1jjj1jjj4 #dbge4 ,restrictions and conditions on transfers of naval vessels 7a7 ,in general ,a naval vessel that is in excess of #c1jjj tons or that is less than #bj years of age may not be disposed of to a foreign country 7whether by sale1 lease1 grant1 loan1 barter1 transfer1 or otherwise7 unless the disposal of that vessel1 or of a vessel of the class of that vessel1 is authorized by law4 ,a lease or loan of such a vessel under such a law may be made only in accordance with the provisions of this title4 ,in the case of an authorization by law for the disposal of such a vessel that names a specific vessel as being authorized for such disposal1 the ,secretary of ,defense may substitute another vessel of the same class1 if the vessel substituted has virtually identical capabilities as the named vessel4 7b7 ,costs of transfers ,any expense incurred by the ,united ,states in connection with a transfer authorized by this section shall be charged to the recipient 7notwithstanding section #dbgb7;c774 7c7 ,repair and refurbishment in united states shipyards ,to the maximum extent practicable1 the ,secretary shall require1 as a condition of the transfer of a vessel covered by this chapter1 that the recipient to which the vessel is transferred have such repair or refurbishment of the vessel as is needed1 before the vessel joins the naval forces of the recipient1 performed at a shipyard located in the ,united ,states1 including a ,united ,states ,navy shipyard4 #h ,cooperative project agreements #dbha4 ,authority to enter into cooperative project agreements 7a7 ,authority ,the ,president is authorized to enter into a cooperative project agreement with one or more foreign countries that is undertaken in order to-- 7#a7 further the objectives of standardization1 rationalization1 and interoperability of the armed forces of the foreign country and the ,united ,states2 or 7#b7 enhance an ongoing multinational effort of the parties to the agreement to improve the conventional defense capabilities of the parties4 7b7 ,matters ,to be included 7#a7 ,in general ,a cooperative project agreement described in subsection 7a7 shall provide that each of the parties to the agreement will contribute to the cooperative project its equitable share of the full costs of the cooperative project and will receive an equitable share of the results of such cooperative project4 7#b7 ,full costs described ,the full costs of the cooperative project includes overhead costs1 administrative costs1 and costs of claims4 7#c7 ,contribution of funds or defense articles and defense services ,a party to the cooperative project agreement described in subsection 7a7 may contribute its equitable share of the full cost of the cooperative project in funds or in defense articles or defense services needed for the cooperative project4 7#d7 ,limitation on assistance ,assistance provided under this ,act to a foreign country may not be used by the foreign country to provide its equitable share of the full costs of the cooperative project under this section4 7#e7 ,limitation on worksharing1 etc ,a cooperative project agreement described in subsection 7a7 may not impose a requirement on any party to the agreement for worksharing or other industrial or commercial compensation that is not specified in the terms of the agreement4 #dbhb4 ,costs ,the ,president may enter into contracts or incur other obligations for a cooperative project described in section #dbha on behalf of the other parties to the cooperative project agreement described in section #dbha1 without charge to any appropriation or contract authorization1 if each of the other parties to the cooperative project agreement agrees-- 7#a7 to pay its equitable share of the contract or other obligation2 and 7#b7 to make such funds available in such amounts and at such times as may be required by the contract or other obligation and to pay any damages and costs that may accrue from the performance of or cancellation of the contract or other obligation in advance of the time such payments1 damages1 or costs are due4 #dbhc4 ,charges 7a7 ,in general ,the ,president may reduce or waive the charge or charges that would otherwise be considered appropriate under section #dcad in connection with sales under sections #dcaa and #dcab if-- 7#a7 such sales are made as part of a cooperative project described in section #dbha2 and 7#b7 the other parties to the cooperative project agreement described in section #dbha agree to reduce or waive corresponding charges4 7b7 ,administrative surcharges2 reimbursement ,notwithstanding sections #dcad7;a77#a7 and #ddjb7;b71 administrative surcharges shall not be increased on other sales made under this title in order to compensate for reductions or waivers of such surcharges under this section4 ,funds received pursuant to such other sales shall not be available to reimburse the costs incurred by the ,united ,states ,government for which reduction or waiver is approved by the ,president under this section4 #dbhd4 ,certification ,not less than #cj days before a cooperative project agreement described in section #dbha is signed on behalf of the ,united ,states1 the ,president shall transmit to the appropriate congressional committees and the ,committee on ,armed ,services of the ,house of ,representatives and the ,committee on ,armed ,services of the ,senate1 a numbered certification with respect to such proposed agreement1 setting forth-- 7#a7 a detailed description of the cooperative project with respect to which the certification is made2 7#b7 an estimate of the quantity of the defense articles expected to be produced in furtherance of such cooperative project2 7#c7 an estimate of the full cost of the cooperative project1 with an estimate of the part of the full cost to be incurred by the ,united ,states ,government1 including an estimate of the costs as a result of waivers of sections #dcad7;a77#a7 and #ddjb7;b71 for its participation in such cooperative project and an estimate of that part of the full costs to be incurred by the other participants2 7#d7 an estimate of the dollar value of the funds to be contributed by the ,united ,states and each of the other participants on behalf of such cooperative project2 7#e7 a description of the defense articles and defense services expected to be contributed by the ,united ,states and each of the other participants on behalf of such cooperative project2 7#f7 a statement of the foreign policy and national security benefits anticipated to be derived from such cooperative project2 and 7#g7 to the extent known1 whether it is likely that prime contracts will be awarded to particular prime contractors or that subcontracts will be awarded to particular subcontractors to comply with the proposed agreement4 #dbhe4 ,authority in addition to other authorities ,the authority under this chapter is in addition to the authority under sections #dcaa and #dcab and under any other provision of law4 ,c ,arms sales and related assistance #dcja4 ,control of arms exports and imports 7a7 ,in general ,the ,president is authorized to control the import and the export of defense articles and defense services and to provide foreign policy guidance to persons of the ,united ,states involved in the export and import of such articles and services4 7b7 ,composition of ,united ,states munitions list 7#a7 ,in general ,the ,president is authorized to designate those items that shall be considered as defense articles and defense services for the purposes of this section and to promulgate regulations for the import and export of such articles and services4 ,the items so designated shall constitute the ,united ,states ,munitions ,list4 7#b7 ,factors ,the ,president shall designate a defense article or defense service if it-- 7,a7 provides a critical military or intelligence advantage to the ,united ,states2 or 7,b7 would provide a military or intelligence advantage to countries other than the ,united ,states or to non-state actors to the detriment of the national security of ,united ,states friends and allies1 or to the achievement of the foreign policy and national security objectives of the ,united ,states4 7c7 ,purposes for which ,united ,states military sales are authorized ,defense articles and defense services shall be sold or leased by the ,united ,states ,government under this title to countries solely to meet the goals of assistance under section #djjc4 7d7 ,factors ,decisions on issuing export licenses under this section shall ensure that the export of a defense article or defense service-- 7#a7 is justified in terms of its military utility related to the actual security threat by the recipient country2 and 7#b7 will not-- 7,a7 contribute to an arms race or regional instability2 7,b7 aid in the development of weapons of mass destruction2 7,c7 support domestic or international terrorism2 7,d7 increase the possibility of outbreak or escalation of conflict1 either within or across the borders of the recipient country2 7,e7 prejudice the development of bilateral or multilateral arms control arrangements2 7,f7 adversely affect the arms control or nonproliferation policy of the ,united ,states2 7,g7 conflict with any international agreements1 treaties or arrangements to which the ,united ,states is a party or adherent2 7,h7 support blackmarket or greymarket trade in arms1 either those transferred or obsolete arms to be replaced by the arms sale2 or 7,i7 undermine the objectives and purposes to promote and protect human rights and democracy under title ,,iii4 7e7 ,sale requirement ,in exercising the authorities conferred by this section1 the ,president may require that any defense article or defense service be sold under this title as a condition of its eligibility for export1 and may require that persons engaged in the negotiation for the export of defense articles and defense services keep the ,president fully and currently informed of the progress and future prospects of such negotiations4 #a ,foreign military sales and cooperation #dcaa4 ,general authority 7a7 ,sales from defense articles and defense services ,the ,president may sell defense articles and defense services from the stocks of the ,department of ,defense and the ,coast ,guard1 or design and construction services1 to a foreign country or international organization if the country or international organization agrees to pay in ,united ,states dollars-- 7#a7 in the case of a defense article not intended to be replaced at the time such agreement is entered into1 not less than the actual value thereof2 7#b7 in the case of a defense article intended to be replaced at the time such agreement is entered into1 the estimated cost of replacement of such article1 including the contract or production costs less any depreciation in the value of such article2 or 7#c7 in the case of a defense service 7other than training covered in subsection 7b771 or design and construction services1 the full cost to the ,united ,states ,government of providing such service4 7b7 ,training 7#a7 ,in general ,in the case of training sold to a foreign country or international organization that is concurrently receiving international military education and training assistance under this title1 the country or international organization agrees to pay in ,united ,states dollars only those additional costs that are incurred by the ,united ,states ,government in providing such assistance4 7#b7 ,other countries ,the ,president may provide training to a foreign country not receiving assistance under chapter #f of subtitle ,b if the ,president determines and so notifies the appropriate congressional committees in each fiscal year for which such training is to be provided that providing such training to the country is in the national interest of the ,united ,states and the reasons for such determination4 #dcab4 ,procurement for foreign military cash sales 7a7 ,in general 7#a7 ,contracts ,except as otherwise provided in this section1 the ,president may1 without requirement for charge to any appropriation or contract authorization otherwise provided1 enter into contracts for the procurement of defense articles or defense services or design and construction services for sale for ,united ,states dollars to any foreign country or international organization if such country or international organization provides the ,united ,states ,government with a dependable undertaking-- 7,a7 to pay the full amount of such contract which will assure the ,united ,states ,government against any loss on the contract2 and 7,b7 to make funds available in such amounts and at such times as may be required to meet the payments required by the contract and any damages and costs that may accrue from the cancellation of such contract1 in advance of the time such payments1 damages1 or costs are due4 7#b7 ,interest ,interest shall be charged on any net amount by which any such country or international organization is in arrears under all of its outstanding unliquidated dependable undertakings1 considered collectively4 ,the rate of interest charged shall be a rate not less than a rate determined by the ,secretary of the ,treasury taking into consideration the current average market yield on outstanding short-term obligations of the ,united ,states as of the last day of the month preceding the net arrearage and shall be computed from the date of net arrearage4 7b7 ,letters of offer 7#a7 ,in general ,the ,president may1 if the ,president determines it to be in the national interest of the ,united ,states1 issue letters of offer under this section that provide for billing upon delivery of the defense article or rendering of the defense service and for payment within #abj days after the date of billing4 7#b7 ,requirement ,the authority of paragraph 7#a7 may be exercised only if the ,president determines that the emergency requirements of the purchaser for acquisition of such defense articles and defense services exceed the ready availability to the purchaser of funds sufficient to make payments on a dependable undertaking basis and submits both determinations to ,congress together with a special emergency request for authorization and appropriation of additional funds to finance such purchases under this ,act4 7#c7 ,appropriations ,appropriations available to the ,department of ,defense may be used to meet the payments required by the contracts for the procurement of defense articles and defense services and shall be reimbursed by the amounts subsequently received from the country or international organization to whom articles or services are sold4 7c7 ,renegotiation ,act of #aiea ,the provisions of the ,renegotiation ,act of #aiea do not apply to procurement contracts entered into under this section or predecessor provisions of law before1 on1 or after the date of the enactment of this ,act4 7d7 ,competitive pricing 7#a7 ,procurement contracts ,procurement contracts made in implementation of sales under this section for defense articles and defense services wholly paid for from funds made available on a nonrepayable basis shall be priced on the same costing basis with regard to profit1 overhead1 independent research and development1 bid and proposal1 and other costing elements1 as is applicable to procurements of like items purchased by the ,department of ,defense for its own use4 7#b7 ,direct costs ,direct costs associated with meeting additional or unique requirements of the purchaser shall be allowable under contracts described in paragraph 7#a74 ,loadings applicable to such direct costs shall be permitted at the same rates applicable to procurement of like items purchased by the ,department of ,defense for its own use4 #dcac4 ,payments 7a7 ,in general ,except as provided in subsection 7b71 payment for defense articles or defense services under this chapter shall be made in advance or1 if the ,president determines it to be in the national interest of the ,united ,states1 upon delivery of the defense article or rendering of the defense service4 7b7 ,exception ,if the ,president determines it to be in the national interest of the ,united ,states pursuant to subsection 7a71 billings for sales made under letters of offer issued under this section after the date of the enactment of this subsection may be dated and issued upon delivery of the defense article or rendering of the defense service and shall be due and payable upon receipt thereof by the purchasing country or international organization4 7c7 ,interest 7#a7 ,in general ,interest shall be charged on any net amount due and payable which is not paid within #fj days after the date of such billing4 ,the rate of interest charged shall be a rate not less than a rate determined by the ,secretary of the ,treasury taking into consideration the current average market yield on outstanding short-term obligations of the ,united ,states as of the last day of the month preceding the billing and shall be computed from the date of billing4 7#b7 ,extension ,the ,president may extend such #fj-;day period to #abj days if the ,president determines that emergency requirements of the purchaser for acquisition of such defense articles or defense services exceed the ready availability to the purchaser of funds sufficient to pay the ,united ,states in full for such articles or services within such #fj-;day period and submits that determination to the ,congress together with a special emergency request for the authorization and appropriation of additional funds to finance such purchases under this ,act4 #dcad4 ,charges 7a7 ,in general ,letters of offer for the sale of defense articles or defense services that are issued pursuant to section #dcaa or #dcab shall include appropriate charges for-- 7#a7 administrative services1 calculated on an average percentage basis to recover the full estimated costs 7excluding a pro rata share of fixed base operations costs7 of administration of sales made under this ,act to all purchasers of such articles and services as specified in section #ddjb7;b7 and 7c72 7#b7 a proportionate amount of any nonrecurring costs of research1 development1 and production of major defense equipment 7except for equipment wholly paid for either from funds transferred under section #dbaa7;b77#c7 or from funds made available on a nonrepayable basis under section #dbea2 and 7#c7 the recovery of ordinary inventory losses associated with the sale from stock of defense articles that are being stored at the expense of the purchaser of such articles4 7b7 ,waiver 7#a7 ,administrative charges ,the ,president may waive the charges for administrative services that would otherwise be required by-- 7,a7 subsection 7a77#a7 in connection with any sale to a foreign country1 if the ,president determines that a waiver-- 7i7 is in the national security interests of the ,united ,states2 and 7ii7 will facilitate the ability of that country to detect1 deter1 prevent1 defeat1 or counter terrorist activities1 or participate in1 or support1 military operations1 coalition operations1 or stability operations of the ,united ,states2 or 7,b7 subsection 7a77#b7 in connection with any sale to the ,maintenance and ,supply ,agency of the ,north ,atlantic ,treaty ,organization in support of-- 7i7 a weapon system partnership agreement2 or 7ii7 a ,,nato_/,,shape project4 7#b7 ,major defense equipment ,the ,president may reduce or waive the charge or charges that would otherwise be considered appropriate under subsection 7a77#b7 for a particular sale or for sales if the ,president determines that-- 7,a7 the reduction or waiver would significantly advance ,united ,states ,government interests in standardization with the armed forces of a foreign country that is a strategic ,united ,states ally1 or would promote foreign procurement in the ,united ,states under coproduction arrangements2 7,b7 imposition of the charge or charges likely would result in the loss of the sale2 or 7,c7 in the case of a sale of major defense equipment that is also being procured for the use of the ,united ,states ,armed ,forces1 the waiver of the charge or charges would 7through a resulting increase in the total quantity of the equipment purchased from the source of the equipment that causes a reduction in the unit cost of the equipment7 result in a savings to the ,united ,states on the cost of the equipment procured for the use of the ,united ,states ,armed ,forces that substantially offsets the revenue foregone by reason of the waiver of the charge or charges4 7#c7 ,increase in charges ,the ,president may waive1 for particular sales of major defense equipment1 any increase in a charge or charges previously considered appropriate under paragraph 7#b7 of subsection 7a7 if the increase results from a correction of an estimate 7reasonable when made7 of the production quantity base that was used for calculating the charge or charges for purposes of such paragraph4 #dcae4 ,non-combat duties of ,united ,states personnel supporting foreign military sales 7a7 ,in general ,united ,states personnel performing defense services sold under this title may not perform any duties of a combatant nature1 including any duties related to training and advising that may engage ,united ,states personnel in combat activities1 outside the ,united ,states in connection with the performance of those defense services4 7b7 ,report ,within #dh hours of the existence of1 or a change in status of significant hostilities or terrorist acts or a series of such acts1 that may endanger lives or property of ,united ,states personnel1 involving a country in which ,united ,states personnel are performing defense services pursuant to this title1 the ,president shall submit to the ,speaker of the ,house of ,representatives and to the ,president pro tempore of the ,senate a report1 in writing1 classified if necessary1 setting forth-- 7#a7 the identity of such country2 7#b7 a description of such hostilities or terrorist acts2 and 7#c7 the number of members of the ,united ,states ,armed ,forces and the number of ,united ,states civilian personnel that may be endangered by such hostilities or terrorist acts4 #dcaf4 ,public information ,any contract entered into between the ,united ,states and a foreign country under the authority of section #dcaa or section #dcab shall be prepared in a manner that will permit the contract to be made available for public inspection to the fullest extent possible consistent with the national security of the ,united ,states4 ,such information shall be posted on the ,internet website of the ,department of ,state in a timely fashion4 #dcag4 ,standardization agreements 7a7 ,in general ,the ,president may enter into ,north ,atlantic ,treaty ,organization standardization agreements in carrying out section #had of the ,department of ,defense ,appropriation ,authorization ,act1 #aigf 7,public ,law #id-ajf71 and may enter into similar agreements with a country that is a strategic ,united ,states ally1 for the cooperative furnishing of training on a bilateral or multilateral basis1 if the financial principles of such agreements are based on reciprocity4 7b7 ,reimbursement ,each agreement shall include reimbursement for all direct costs but may exclude reimbursement for indirect costs1 administrative surcharges1 and costs of billeting of trainees 7except to the extent that members of the ,united ,states ,armed ,forces occupying comparable accommodations are charged for such accommodations by the ,united ,states74 7c7 ,congressional notification ,each agreement shall be transmitted promptly to-- 7#a7 the appropriate congressional committees2 and 7#b7 the ,committees on ,appropriations and the ,committees on ,armed ,services of the ,house of ,representatives and the ,senate4 #dcah4 ,quality assurance and related services 7a7 ,in general ,the ,president is authorized to provide1 without charge1 quality assurance1 inspection1 contract administration services1 and contract audit defense services under this chapter-- 7#a7 in connection with the placement or administration of any contract or subcontract for defense articles1 defense services1 or design and construction services entered into under this ,act on behalf of1 a government that is a strategic ,united ,states ally1 if such government provides such services in accordance with an agreement on a reciprocal basis1 without charge1 to the ,united ,states ,government2 or 7#b7 in connection with the placement or administration of any contract or subcontract for defense articles1 defense services1 or design and construction services pursuant to the ,north ,atlantic ,treaty ,organization's ,security ,investment program in accordance with an agreement under which the foreign governments participating in such program provide such services1 without charge1 in connection with similar contracts or subcontracts4 7b7 ,cataloging data and cataloging services ,in carrying out the objectives of this section1 the ,president is authorized to provide1 without charge1 cataloging data and cataloging services to the ,north ,atlantic ,treaty ,organization or to any strategic ,united ,states ally if that ,organization or ally provides such data and services in accordance with an agreement on a reciprocal basis1 without charge1 to the ,united ,states ,government4 #dcai4 ,restriction on sale of defense articles and defense services that would adversely affect ,united ,states combat readiness 7a7 ,restriction ,the ,president may not sell defense articles and defense services if the sale of such articles or services would have significant adverse effect on the combat readiness of the ,united ,states ,armed ,forces4 7b7 ,waiver and congressional notification 7#a7 ,in general ,the ,president may waive the restriction in subsection 7a7 if the ,president determines that the possible significant adverse effect on the combat readiness of the ,united ,states ,armed ,forces is outweighed by the benefits to ,united ,states national security and transmits such determination to the appropriate congressional committees and to the ,committees on ,armed ,services of the ,house of the ,representatives and the ,senate4 7#b7 ,statement ,each such determination shall be accompanied with a statement that shall include the following information3 7,a7 ,the country or international organization to which the sale is proposed to be made4 7,b7 ,the amount of the proposed sale4 7,c7 ,a description of the defense article or service proposed to be sold4 7,d7 ,a full description of the impact which the proposed sale will have on the ,united ,states ,armed ,forces4 7,e7 ,a justification for such proposed sale1 including an explanation as to why1 in the ,president's judgment1 benefits to ,united ,states national security from the sale outweighs the adverse impact on the readiness of the ,united ,states ,armed ,forces4 #dcbj4 ,acquisition of foreign-,united ,states origin defense articles 7a7 ,in general ,the ,president may acquire a repairable defense article from a foreign country or international organization if such defense article-- 7#a7 previously was transferred to such country or organization under this ,act or predecessor ,act 7as in effect on the day before the date of the enactment of this ,act72 7#b7 is not an end item2 and 7#c7 will be exchanged for a defense article of the same type that is in the stocks of the ,department of ,defense4 7b7 ,limitation ,the ,president may exercise the authority provided in subsection 7a7 only to the extent that the ,department of ,defense-- 7#a7 7,a7 has a requirement for the defense article being returned2 and 7,b7 has available sufficient funds authorized and appropriated for such purpose2 or 7#b7 7,a7 is accepting the return of the defense article for subsequent transfer to another foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this ,act or predecessor ,act 7as in effect on the day before the date of the enactment of this ,act72 and 7,b7 has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this ,act or predecessor ,act 7as in effect on the day before the date of the enactment of this ,act74 7c7 ,requirement 7#a7 ,in general ,the foreign government or international organization receiving a new or repaired defense article in exchange for a repairable defense article pursuant to subsection 7a7 shall1 upon the acceptance by the ,united ,states ,government of the repairable defense article being returned1 be charged the total cost associated with the repair and replacement transaction4 7#b7 ,cost ,the total cost charged pursuant to paragraph 7#a7 shall be the same as that charged the ,united ,states ,armed ,forces for a similar repair and replacement transaction1 plus an administrative surcharge in accordance with section #dcad7;a77#a74 7d7 ,relationship to certain other provisions of law ,the authority of the ,president to accept the return of a repairable defense article as provided in subsection 7a7 shall not be subject to chapter #acg of title #aj1 ,united ,states ,code1 or any other provision of law relating to the conclusion of contracts4 #dcba4 ,return of defense articles 7a7 ,in general ,the ,president may accept the return of a defense article from a foreign country or international organization if such defense article-- 7#a7 previously was transferred to such country or organization under this ,act or predecessor ,act 7as in effect on the day before the date of the enactment of this ,act72 7#b7 is not significant military equipment 7as defined in section #ddaa72 and 7#c7 is in fully functioning condition without need of repair or rehabilitation4 7b7 ,limitation ,the ,president may exercise the authority provided in subsection 7a7 only to the extent that the ,department of ,defense-- 7#a7 7,a7 has a requirement for the defense article being returned2 and 7,b7 has available sufficient funds authorized and appropriated for such purpose2 or 7#b7 7,a7 is accepting the return of the defense article for subsequent transfer to another foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this ,act or predecessor ,act 7as in effect on the day before the date of the enactment of this ,act72 and 7,b7 has available sufficient funds provided by or on behalf of such other foreign government or international organization pursuant to a letter of offer and acceptance implemented in accordance with this ,act or predecessor ,act 7as in effect on the day before the date of the enactment of this ,act74 7c7 ,credit for transaction ,upon acquisition and acceptance by the ,united ,states ,government of a defense article under subsection 7a71 the appropriate ,foreign ,military ,sales account of the provider shall be credited to reflect the transaction4 7d7 ,relationship to certain other provisions of law ,the authority of the ,president to accept the return of a defense article as provided in subsection 7a7 shall not be subject to chapter #acg of title #aj1 ,united ,states ,code1 or any other provision of law relating to the conclusion of contracts4 #dcbb4 ,sale of obsolete naval vessels ,for purposes of section #dcaa7;a71 the actual value of a naval vessel of #c1jjj tons or less and #bj years or more of age shall be considered to be not less than the greater of the scrap value or fair value 7including conversion costs7 of such vessel1 as determined by the ,secretary of ,defense4 #dcbc4 ,annual estimate and justification for sales program 7a7 ,report ,except as provided in subsection 7d71 not later than ,february #a of each year1 the ,president shall transmit to the appropriate congressional committees1 as a part of the annual presentation materials for security assistance programs proposed for the next fiscal year1 a report which sets forth-- 7#a7 an ,arms ,sales ,proposal covering all sales and licensed commercial exports under this title of major weapons or weapons-related defense equipment for #g1jjj1jjj or more1 or of any other weapons or weapons-related defense equipment for #be1jjj1jjj or more1 which are considered eligible for approval during the current calendar year and are deemed most likely actually to result in the issuance of a letter of offer or of an export license during such year2 7#b7 an estimate of the total amount of sales and licensed commercial exports expected to be made to each foreign country from the ,united ,states2 7#c7 the ,united ,states national security considerations involved in expected sales or licensed commercial exports to each country1 an analysis of the relationship between anticipated sales to each country and arms control efforts concerning such country and an analysis of the impact of such anticipated sales on the stability of the region that includes such country2 7#d7 an estimate with regard to the international volume of arms traffic to and from countries purchasing arms as set forth in paragraphs 7#a7 and 7#b71 together with best estimates of the sale and delivery of weapons and weapons-related defense equipment by all major arms suppliers to all major recipient countries during the preceding calendar year2 7#e7 7,a7 an estimate of the aggregate dollar value and quantity of defense articles and defense services1 military education and training1 grant military assistance1 and credits and guarantees1 to be furnished by the ,united ,states to each foreign country and international organization in the next fiscal year2 and 7,b7 for each country that is proposed to be furnished credits or guaranties under this ,act in the next fiscal year and that has been approved for cash flow financing in excess of #ajj1jjj1jjj as of ,october #a of the current fiscal year-- 7i7 the amount of such approved cash flow financing2 7ii7 a description of administrative ceilings and controls applied1 and 7iii7 a description of the financial resources otherwise available to such country to pay such approved cash flow financing2 7#f7 an analysis and description of the services performed during the preceding fiscal year by officers and employees of the ,united ,states ,government carrying out functions on a full-time basis under this ,act for which reimbursement is provided under section #ddjb7;b7 or section #dcaa7;a71 including the number of personnel involved in performing such services2 7#g7 the status of-- 7,a7 each loan and each contract of guaranty or insurance theretofore made under this title1 predecessor ,acts1 or any ,act authorizing international security assistance1 with respect to which there remains outstanding any unpaid obligation or potential liability2 and 7,b7 each extension of credit for the procurement of defense articles or defense services1 and of each contract of guaranty in connection with any such procurement1 theretofore made under this title or predecessor ,acts with respect to which there remains outstanding any unpaid obligation or potential liability2 7#h7 7,a7 a detailed accounting of all articles1 services1 credits1 guarantees1 or any other form of assistance furnished by the ,united ,states to each country and international organization1 including payments to the ,united ,nations1 during the preceding fiscal year for the detection and clearance of landmines1 including activities relating to the furnishing of education1 training1 and technical assistance for the detection and clearance of landmines2 and 7,b7 for each provision of law making funds available or authorizing appropriations for demining activities described in subparagraph 7,a71 an analysis and description of the objectives and activities undertaken during the preceding fiscal year1 including the number of personnel involved in performing such activities2 7#i7 a list of weapons systems that are significant military equipment1 and numbers thereof1 that are believed likely to become available for transfer as excess defense articles during the next #ab months2 and 7#aj7 such other information as the ,president may deem necessary4 7b7 ,additional information ,not later than #cj days following the receipt of a request made by any of the appropriate congressional committees for additional information with respect to any information submitted pursuant to subsection 7a71 the ,president shall submit such information to such committees4 7c7 ,form ,the ,president shall make every effort to submit all of the information required by subsection 7a7 or 7b7 wholly in unclassified form4 ,whenever the ,president submits any such information in classified form1 the ,president shall submit such classified information in an addendum and shall also submit simultaneously a detailed summary1 in unclassified form1 of such classified information4 7d7 ,additional requirement ,the information required by subsection 7a77#d7 of this section shall be transmitted to ,congress not later than ,april #a of each year4 #dcbd4 ,sales to ,united ,states companies for incorporation into end items 7a7 ,general authority 7#a7 ,in general ,subject to the conditions specified in subsection 7b71 the ,president may1 on a negotiated contract basis1 under cash terms-- 7,a7 sell defense articles at not less than their estimated replacement cost 7or actual cost in the case of services72 or 7,b7 procure or manufacture and sell defense articles at not less than their contract or manufacturing cost to the ,united ,states ,government1 to any ,united ,states company for incorporation into end items 7and for concurrent or follow-on support7 to be sold by such a company either-- 7i7 on a direct commercial basis to a foreign country or international organization pursuant to an export license or approval under section #dcja2 or 7ii7 in the case of ammunition parts subject to subsection 7b71 using commercial practices which restrict actual delivery directly to a foreign country or international organization pursuant to approval under section #dcja4 7#b7 ,additional authority ,the ,president may also sell defense services in support of such sales of defense articles1 subject to the requirements of this chapter4 ,such services may be performed only in the ,united ,states4 ,the amount of reimbursement received from such sales shall be credited to the current applicable appropriation1 fund1 or account of the selling agency of the ,united ,states ,government4 7b7 ,additional requirements ,defense articles and defense services may be sold1 procured and sold1 or manufactured and sold1 pursuant to subsection 7a7 only if-- 7#a7 the end item to which the articles apply is to be procured for the armed forces of a country or international organization2 7#b7 the articles would be supplied to the prime contractor as government-furnished equipment or materials if the end item were being procured for the use of the ,united ,states ,armed ,forces2 and 7#c7 the articles and services are available only from ,united ,states ,government sources or are not available to the prime contractor directly from ,united ,states commercial sources at such times as may be required to meet the prime contractor's delivery schedule4 #dcbe4 ,fiscal provisions relating to foreign military sales credits 7a7 ,in general ,cash payments received under sections #dcaa and funds received under section #dcbd shall be available solely for payments to suppliers 7including the military departments7 and refunds to purchasers and shall not be available for financing credits4 7b7 ,repayments for credits1 disposition of certain instruments1 and other collections ,amounts received from foreign governments and international organizations as repayments for any credits extended pursuant to section #dbea1 and other collections 7including fees and interest7 shall be transferred to the miscellaneous receipts of the ,united ,states ,treasury4 #b ,arms export controls #dcca4 ,licensing requirement for exporting or importing defense articles and defense services 7a7 ,in general ,except as otherwise specifically provided in regulations issued under section #dcja1 defense articles1 defense services1 and design and construction services designated by the ,president under section #dcja may only be licensed for export or import in accordance with this title and regulations issued under this title4 7b7 ,exceptions ,no license may be required for exports or imports made by or for a ,federal agency-- 7#a7 for official use by personnel of a ,federal agency2 or 7#b7 for carrying out any foreign assistance or sales program authorized by law and subject to the control of the ,president by other means4 #dccb4 ,impact of military expenditures on development 7a7 ,review ,the ,secretary shall conduct a review of the military expenditures of developing countries to-- 7#a7 identify those countries which the ,secretary has credible evidence to believe-- 7,a7 are diverting official development assistance from any source to military purposes2 7,b7 are devoting budgetary resources to arms purchases to a degree that materially interferes with the development of such countries2 or 7,c7 are accumulating unsustainable levels of debt to finance arms purchases2 7#b7 take such action as the ,secretary deems appropriate1 including cessation of ,united ,states arms sales and working with other countries to do likewise1 to reduce the impact of the military activities of the countries identified under paragraph 7#a7 and acquisition of arms on the economic and political development of such countries4 7b7 ,timing of ,review and ,report to ,congress ,the ,secretary shall complete the first review required under subsection 7a7 and submit to the appropriate congressional committees not later than one year after the enactment of this ,act a report on all elements of subsection 7a71 including the actions the ,secretary will take under subsection 7a77#b71 and the results of any such actions taken since the submission of the prior report to such committees4 ,subsequent reviews shall be conducted on a quadrennial basis1 and reported to the appropriate congressional committees on the quadrennial anniversary of the first report4 #dccc4 ,requirement for registration by exporters 7a7 ,in general ,as prescribed in regulations issued under section #dcja1 every person 7other than an officer or employee of the ,united ,states ,government acting in an official capacity7 who engages in the business of manufacturing1 exporting1 or importing defense articles or defense services designated by the ,president under section #dcja shall register with the ,department of ,state1 and shall pay a registration fee which shall be prescribed by such regulations4 7b7 ,prohibition 7#a7 ,in general ,such regulations shall prohibit the return to the ,united ,states for sale in the ,united ,states 7other than for the ,united ,states ,armed ,forces or its allies or for any ,state for local law enforcement agency7 of any military firearms or ammunition of ,united ,states manufacture furnished to foreign governments by the ,united ,states under this ,act1 or predecessor ,act1 or any other foreign assistance or sales program of the ,united ,states1 whether or not enhanced in value or improved in condition in a foreign country4 7#b7 ,exception ,the prohibition in paragraph 7#a7 shall not extend to similar firearms that have been so substantially transformed as to become1 in effect1 articles of foreign manufacture4 #dccd4 ,identification of all consignees and freight forwarders ,the ,president shall require that each applicant for a license to export an item on the ,united ,states ,munitions ,list identify in the application all consignees and freight forwarders involved in the proposed export4 #dcce4 ,brokering activities 7a7 ,in general ,as prescribed in regulations issued under this section1 every person 7other than an officer or employee of the ,united ,states ,government acting in an official capacity7 who engages in the business of brokering activities with respect to the manufacture1 export1 import1 or transfer of any defense article or defense service designated by the ,president under section #dcja1 or in the business of brokering activities with respect to the manufacture1 export1 import1 or transfer of any foreign defense article or defense service 7as defined in subsection 7c771 shall register with the ,united ,states ,government agency charged with the administration of this section1 and shall pay a registration fee which shall be prescribed by such regulations4 7b7 ,brokering activities described ,such brokering activities shall include the financing1 transportation1 freight forwarding1 or taking of any other action that facilitates the sale1 manufacture1 export1 or import of a defense article or defense service4 7c7 ,licensing requirement ,no person may engage in the business of brokering activities described in subsection 7a7 without a license1 issued in accordance with this title1 except that no license shall be required for such activities undertaken by or for a ,federal agency-- 7#a7 for use by a ,federal agency2 or 7#b7 for carrying out any foreign assistance or sales program authorized by law and subject to the control of the ,president by other means4 7d7 ,review of registration ,a copy of each registration made under this section shall be transmitted to the ,secretary of the ,treasury for review regarding law enforcement concerns4 ,the ,secretary shall report to the ,president regarding such concerns as necessary4 #dccf4 ,foreign persons 7a7 ,in general ,a license to export an item on the ,united ,states ,munitions ,list may not be issued to a foreign person 7other than a foreign government or international organization74 7b7 ,license requirement ,the ,president may require a license or other form of authorization before any item on the ,united ,states ,munitions ,list is sold or otherwise transferred to the control or possession of a foreign person or a person acting on behalf of a foreign person4 #dccg4 ,review of ,united ,states ,munitions ,list 7a7 ,in general ,the ,president shall periodically review the items on the ,united ,states ,munitions ,list to determine what items1 if any1 no longer warrant export controls under this title4 ,the results of such reviews shall be reported to the appropriate congressional committees4 7b7 ,congressional notification and review ,the ,president may not remove any item from the ,united ,states ,munitions ,list until #de days after the date on which the ,president has provided notice of the proposed removal to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section #hdja1 consistent with subsection 7c7 of this section4 ,such notice shall describe the nature of any controls to be imposed on that item under any other provision of law1 and should provide a description of the item to be removed such that the appropriate congressional committees can fully assess the capabilities of the item and the potential impact on ,united ,states national security and foreign policy from its removal from the ,munitions ,list4 ,if the ,president proposes to remove classes or categories of items from the ,united ,states ,munitions ,list1 without enumerating individual items1 then the ,president shall provide the appropriate congressional committees with a listing of items approved for export during the previous five years that would no longer be required for licenses under this title by virtue of being removed from the ,munitions ,list4 7c7 ,congressional ,disapproval ,the ,president may not remove any item from the ,united ,states ,munitions ,list if1 during the #de days required under subsection 7b71 ,congress enacts a joint resolution of disapproval of the removal of such item1 according to the procedures under section #dchd7;c7 for consideration of a joint resolution4 #dcch4 ,licensing of missiles and missile equipment or technology 7a7 ,establishment of ,list of ,controlled ,items ,the ,secretary1 in consultation with the ,secretary of ,defense and the heads of other appropriate ,federal agencies1 shall establish and maintain1 as part of the ,united ,states ,munitions ,list1 a list of all items on the ,,mtcr ,annex the export of which is not controlled under section #f7l7 of the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act7 or similar provisions of any successor ,act4 7b7 ,referral of license applications 7#a7 ,in general ,a determination of the ,secretary to approve a license for the export of an item on the list established under subsection 7a7 may be made only after the license application is referred to the ,secretary of ,defense4 7#b7 ,referral ,within #aj days after a license is issued for the export of an item on the list established under subsection 7a71 the ,secretary shall provide to the ,secretary of ,defense and the ,secretary of ,commerce the license application and accompanying documents issued to the applicant1 to the extent that the relevant ,secretary indicates the need to receive such application and documents4 7c7 ,information sharing ,the ,secretary shall establish a procedure for sharing information with appropriate officials of the intelligence community1 as determined by the ,director of ,national ,intelligence1 and with other appropriate ,federal agencies1 that will ensure effective monitoring of transfers of ,,mtcr equipment or technology and other missile technology4 7d7 ,exports to space launch vehicle programs 7#a7 ,in general ,within #ae days after the issuance of a license 7including any brokering license7 for the export of items valued at less than #ej1jjj1jjj that are controlled under this ,act pursuant to ,united ,states obligations under the ,,mtcr and are goods or services that are intended to support the design1 utilization1 development1 or production of a space launch vehicle system listed in ,category ,i of the ,,mtcr ,annex1 the ,secretary shall transmit to ,congress a report describing the licensed export and rationale for approving such export1 including the consistency of such export with ,united ,states missile nonproliferation policy4 7#b7 ,applicability ,the requirement contained in paragraph 7#a7 shall not apply to licenses for exports to countries that are members of the ,,mtcr as of as of the date of the enactment of this ,act4 #dcci4 ,special licensing authorization for certain exports to strategic ,united ,states allies 7a7 ,authorization ,the ,president may provide for special licensing authorization for exports of ,united ,states-manufactured spare and replacement parts or components listed in an application for such special licensing authorization in connection with defense items previously exported to a strategic ,united ,states ally4 ,a special licensing authorization issued pursuant to this subsection shall be effective for a period not to exceed #e years4 7b7 ,certification ,an authorization may be issued under subsection 7a7 only if the applicable government of the country described in subsection 7a71 acting through the applicant for the authorization1 certifies that-- 7#a7 the export of spare and replacement parts or components supports a defense item previously lawfully exported2 7#b7 the spare and replacement parts or components will be transferred to a defense agency of the country that is a previously approved end-user of the defense item and not to a distributor or a foreign consignee of the defense item2 7#c7 the spare and replacement parts or components will not to be used to materially enhance1 optimize1 or otherwise modify or upgrade the capability of the defense item2 7#d7 the spare and replacement parts or components relate to a defense item that is owned1 operated1 and in the inventory of the armed forces of the country2 7#e7 the export of spare and replacement parts or components will be effected using the freight forwarder designated by the purchasing country's diplomatic mission as responsible for handling transfers as required under regulations2 and 7#f7 the spare and replacement parts or components to be exported under the special licensing authorization are specifically identified in the application4 7c7 ,limitation ,an authorization may not be issued under subsection 7a7 for purposes of establishing offshore procurement arrangements or producing defense articles offshore4 7d7 ,definition 7#a7 ,in general ,in this section1 the term ,united ,states-manufactured spare and replacement parts or components or spare and replacement parts or components means spare and replacement parts or components-- 7,a7 with respect to which-- 7i7 ,united ,states-origin content costs constitute at least #he percent of the total content costs2 7ii7 ,united ,states manufacturing costs constitute at least #he percent of the total manufacturing costs2 and 7iii7 foreign content1 if any1 is limited to content from countries eligible to receive exports of items on the ,united ,states ,munitions ,list 7other than de minimis foreign content72 7,b7 that were last substantially transformed in the ,united ,states2 and 7,c7 that are not-- 7i7 classified as significant military equipment2 or 7ii7 listed on the ,,mtcr ,annex4 7#b7 ,additional rule ,for purposes of paragraph 7#a77;,a77i7 and 7ii71 the costs of non-,united ,states-origin content and the costs of non-,united ,states manufacturing shall be determined using the final price or final cost associated with the non-,united ,states-origin content and non-,united ,states manufacturing4 7e7 ,inapplicability provisions 7#a7 ,in general ,the provisions of this section shall not apply with respect to re-exports or re-transfers of spare and replacement parts or components and related services of defense items described in subsection 7a74 7#b7 ,congressional notification ,the congressional notification requirements contained in this title shall not apply with respect to an authorization issued under subsection 7a74 #c ,leases of defense articles #dcea4 ,leasing authority 7a7 ,in general ,the ,president may lease defense articles in the stocks of the ,department of ,defense to a foreign country or international organization if-- 7#a7 the ,president determines that there are compelling foreign policy and national security reasons for providing such articles on a lease basis rather than on a sales basis under this subtitle2 7#b7 the ,president determines that the articles are not for the time needed for public use2 7#c7 the ,president first considers the effects of the lease of the articles on the national technology and industrial base1 particularly the extent1 if any1 to which the lease reduces the opportunities of entities in the national technology and industrial base to sell new equipment to the country or countries to which the articles are leased2 and 7#d7 the country or international organization has agreed to pay in ,united ,states dollars all costs incurred by the ,united ,states ,government in leasing such articles1 including reimbursement for depreciation of such articles while leased1 the costs of restoration or replacement if the articles are damaged while leased1 and1 if the articles are lost or destroyed while leased-- 7,a7 in the event the ,united ,states intends to replace the articles lost or destroyed1 the replacement cost 7less any depreciation in the value7 of the articles2 or 7,b7 in the event the ,united ,states does not intend to replace the articles lost or destroyed1 an amount not less than the actual value 7less any depreciation in the value7 specified in the lease agreement4 7b7 ,exceptions 7#a7 ,in general ,the requirement of subsection 7a77#d7 shall not apply to leases entered into for purposes of cooperative research or development1 military exercises1 or communications or electronics interface projects4 7#b7 ,waivers ,the ,president may waive the requirement of subsection 7a77#d7-- 7,a7 for reimbursement of depreciation for any defense article which has passed three-quarters of its normal service life if the ,president determines that to do so is important to the national security interest of the ,united ,states2 7,b7 with respect to a lease which is made in exchange with the lessee for a lease on substantially reciprocal terms of defense articles for the ,department of ,defense1 except that this waiver authority-- 7i7 may be exercised only if the ,president submits to the appropriate congressional committees1 and in addition the ,committees on ,appropriations of the ,house of ,representatives and the ,senate1 a detailed notification for each lease with respect to which the authority is exercised2 and 7ii7 may be exercised only-- 7,i7 on a fiscal year basis2 and 7,,ii7 with respect to one country or international organization for each lease4 7#c7 ,rule of construction ,paragraph 7#b7 does not constitute authorization of appropriations for payments by the ,united ,states for leased articles4 7c7 ,duration 7#a7 ,in general ,each lease agreement under this section shall be for a fixed duration which may not exceed-- 7,a7 #e years2 and 7,b7 a specified period of time required to complete major refurbishment work of the leased articles to be performed prior to the delivery of the leased articles1 of not to exceed #e years4 7#b7 ,termination ,each lease agreement under this section shall provide that1 at any time during the duration of the lease1 the ,president may terminate the lease and require the immediate return of the leased articles4 7#c7 ,definition ,in this subsection1 the term major refurbishment work means work for which the period of performance is #f months or more4 7d7 ,limitation ,defense articles in the stocks of the ,department of ,defense may be leased or loaned to a foreign country or international organization only under the authority of this chapter or chapter #c of subtitle ,b1 and may not be leased to a foreign country or international organization under the authority of section #bffg of title #aj1 ,united ,states ,code4 #dceb4 ,certification for leasing 7a7 ,in general ,before entering into or renewing any agreement with a foreign country or international organization to lease any defense article under this chapter1 or to loan any defense article this title for a period of #a year or longer1 the ,president shall transmit to the appropriate congressional committees and the ,committees on ,armed ,services of the ,house of ,representatives and the ,senate1 a written certification which specifies-- 7#a7 the country or international organization to which the article is to be leased or loaned2 7#b7 the type1 quantity1 and value 7in terms of replacement cost7 of the article to be leased or loaned2 7#c7 the terms and duration of the lease or loan2 and 7#d7 a justification for the lease or loan1 including an explanation of why the article is being leased rather than sold under this subtitle4 7b7 ,waiver 7#a7 ,in general ,the ,president may waive the requirements of this section if the ,president states in the certification required by subsection 7a7 that an emergency exists which requires that it is in the national security interests of the ,united ,states to enter into the lease or loan immediately4 7#b7 ,justification ,if the ,president states in the certification that such an emergency exists1 the ,president shall set forth in the certification a detailed justification for the ,president's determination1 including a description of the emergency circumstances that necessitate that the lease be entered into immediately and a discussion of the national security interests involved4 7c7 ,deadline ,the certification required by subsection 7a7 shall be transmitted-- 7#a7 not less than #ae calendar days before the agreement is entered into or renewed in the case of an agreement with a strategic ,united ,states ally2 or 7#b7 not less than #cj calendar days before the agreement is entered into or renewed in the case of an agreement with any other country or organization4 #dcec4 ,application of other provisions of law ,any reference to sales of defense articles under this subtitle in any provision of law restricting the countries or organizations to which such sales may be made shall be deemed to include a reference to leases of defense articles under this chapter4 #dced4 ,loan of materials1 supplies1 and equipment for research and development purposes 7a7 ,authority ,to loan 7#a7 ,in general ,except as provided in subsection 7c71 the ,secretary of ,defense1 with the concurrence of the ,secretary1 may loan to a country that is a strategic ,united ,states ally or a major ,united ,states ally materials1 supplies1 or equipment for the purpose of carrying out a program of cooperative research1 development1 testing1 or evaluation4 ,the ,secretary of ,defense may accept as a loan or a gift from a country that is a strategic ,united ,states ally or a major ,united ,states ally materials1 supplies1 or equipment for such purpose4 7#b7 ,agreement ,each loan or gift transaction entered into by the ,secretary of ,defense under this section shall be provided for under the terms of a written agreement between the ,secretary of ,defense and the country concerned4 7#c7 ,testing or evaluation ,a program of testing or evaluation for which the ,secretary of ,defense may loan materials1 supplies1 or equipment under this section includes a program of testing or evaluation conducted solely for the purpose of standardization1 interchangeability1 or technical evaluation if the country to which the materials1 supplies1 or equipment are loaned agrees to provide the results of the testing or evaluation to the ,united ,states without charge4 7b7 ,materials1 supplies1 or equipment ,the materials1 supplies1 or equipment loaned to a country under this section may be expended or otherwise consumed in connection with any testing or evaluation program without a requirement for reimbursement of the ,united ,states if the ,secretary of ,defense-- 7#a7 determines that the success of the research1 development1 test1 or evaluation depends upon expending or otherwise consuming the materials1 supplies1 or equipment loaned to the country2 and 7#b7 approves of the expenditure or consumption of such materials1 supplies1 or equipment4 7c7 ,strategic and critical materials ,the ,secretary of ,defense may not loan to a country under this section any material if the material is a strategic and critical material and if1 at the time the loan is to be made1 the quantity of the material in the ,national ,defense ,stockpile 7provided for under section #c of the ,strategic and ,critical ,materials ,stock ,piling ,act 7#ej ,u4,s4,c4 #ih;b77 is less than the quantity of such material to be stockpiled1 as determined by the ,president under section #c7;a7 of such ,act4 #dcee4 ,special leasing authority ,the authority of section #dbea may be used to provide financing to ,israel and ,egypt for the procurement by leasing 7including leasing with an option to purchase7 of defense articles from ,united ,states commercial suppliers1 other than major defense equipment 7other than helicopters and other types of aircraft having possible civilian application71 if the ,president determines that there are compelling foreign policy or national security reasons for the articles to be provided by commercial lease rather than by government-to-government sale under this subtitle4 #d ,retransfers of ,united ,states defense articles #dcfa4 ,authority to approve retransfers 7a7 ,in general ,subject to subsection 7b71 the ,secretary is authorized1 consistent with the provisions of this chapter1 to approve a retransfer of any defense article or defense service transferred to a foreign country pursuant to the authority of this ,act to another country4 7b7 ,additional requirement ,the ,secretary may not give consent to a retransfer of a defense article or defense service to a foreign country under subsection 7a7 if the ,united ,states is prohibited from transferring the defense article or defense service to the country1 or would not license the export of such defense article or defense service to such country4 #dcfb4 ,demilitarization for retransfer of significant defense articles ,the ,secretary may not give consent to the retransfer of any significant defense articles on the ,united ,states ,munitions ,list or successor list for controlling the export of ,united ,states munitions and related items1 unless the foreign country requesting consent to retransfer-- 7#a7 agrees to demilitarize the defense articles prior to transfer2 or 7#b7 commits in writing to the ,united ,states ,government that it will not transfer the defense articles if not demilitarized to any other foreign country or person without first obtaining the consent of the ,secretary4 #dcfc4 ,proceeds of sale of retransferred defense articles ,the ,secretary may not provide any defense article to a foreign country or international organization on a grant basis unless the country or organization has agreed that in disposing or transferring the defense article-- 7#a7 the disposition or transfer will be made on a sales basis2 and 7#b7 the net proceeds of the sale will be provided to the ,united ,states ,government4 #dcfd4 ,certification 7a7 ,in general ,the ,secretary may not give consent to a retransfer of a defense article or defense service that would be1 if it were a sale1 subject to the requirements of section #dchb 7regarding congressional certification of sensitive foreign military sales and agreements71 unless the ,secretary submits to the appropriate congressional committees a written certification with respect to such proposed retransfer containing-- 7#a7 the name of the country or organization proposing to make such retransfer2 7#b7 a description of such article or service proposed to be retransferred1 including its acquisition cost2 7#c7 the name of the proposed recipient of such article or service2 7#d7 the reasons for such proposed retransfer2 and 7#e7 the date on which such retransfer is proposed to be made4 7b7 ,form ,any certification submitted to the appropriate congressional committees pursuant to paragraph 7#a7-- 7#a7 shall be submitted in unclassified form1 except that information regarding the dollar value and number of defense articles or defense services proposed to be retransferred may be submitted in classified form if public disclosure thereof would be clearly detrimental to the security of the ,united ,states2 and 7#b7 shall be subject to the requirements of sections #dchd4 7c7 ,exception ,paragraph 7#a7 shall not apply to an export that has been exempted from the licensing requirements of this title pursuant to an agreement pursuant to section #dcda4 #e ,enforcement and monitoring of arms sales #dcga4 ,general authority 7a7 ,in general ,except as provided in subsection 7b71 in carrying out functions under this ,act with respect to the export of defense articles and defense services1 the ,president is authorized to exercise the same powers concerning violations and enforcement that are conferred upon departments1 agencies and officials by subsections 7c71 7d71 7e71 and 7g7 of section #aa of the ,export ,administration ,act of #aigi and by subsections 7a7 and 7c7 of section #ab of such ,act 7as continued in effect under the ,international ,emergency ,economic ,powers ,act71 subject to the same terms and conditions as are applicable to such powers under such ,act4 7b7 ,exception ,section #aa7;c77#b77;,b7 of the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act7 shall not apply1 and instead1 as prescribed in regulations issued under this section1 the ,secretary may assess civil penalties for violations of this ,act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties1 and except further that the names of the countries and the types and quantities of defense articles for which licenses are issued under this section shall not be withheld from public disclosure unless the ,president determines that the release of such information would be contrary to the national interest4 7c7 ,rule of construction ,nothing in this section shall be construed as authorizing the withholding of information from ,congress4 #dcgb4 ,criminal and civil penalties 7a7 ,in general ,any person who willfully violates any provision of this ,act relating to the export of defense articles and defense services1 or any rule or regulation issued thereunder1 or who willfully1 in a registration or license application or required report1 makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading1 shall upon conviction be fined for each violation not more than #a1jjj1jjj1 or imprisoned not more than #bj years1 or both4 7b7 ,illicit trafficking in the western hemisphere ,any person who willfully exports to a country in the ,western ,hemisphere any small arm or light weapon without a license in violation of the requirements of this ,act shall upon conviction be fined for each violation not less than #a1jjj1jjj but not more than #c1jjj1jjj and imprisoned for not more than #bj years1 or both4 #dcgc4 ,identification of persons of concern 7a7 ,in general ,the ,president shall develop appropriate mechanisms to identify1 in connection with the export licensing process under this subtitle-- 7#a7 persons who are the subject of an indictment for1 or have been convicted of1 a violation under-- 7,a7 section #dcgb2 7,b7 section #aa of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdaj7 7as continued in effect under the ,international ,emergency ,economic ,powers ,act72 7,c7 section #gic1 #gid1 or #gih of title #ah1 ,united ,states ,code 7relating to espionage involving defense or classified information7 or section #bcci;,a of such title 7relating to providing material support to terrorists72 7,d7 section #af of the ,trading with the ,enemy ,act 7#ej ,u4,s4,c4 ,app4 #af72 7,e7 section #bjf of the ,international ,emergency ,economic ,powers ,act 7relating to foreign assets controls2 #ej ,u4,s4,c4 ,app4 #agje72 7,f7 section #cj;,a of the ,securities ,exchange ,act of #aicd 7#ae ,u4,s4,c4 #gh;dd#a7 or section #ajd of the ,foreign ,corrupt ,practices ,act 7#ae ,u4,s4,c4 #gh;dd#b72 7,g7 chapter #aje of title #ah1 ,united ,states ,code 7relating to sabotage72 7,h7 section #d7;b7 of the ,internal ,security ,act of #aiej 7relating to communication of classified information2 #ej ,u4,s4,c4 #ghc7;b772 7,i7 section #eg1 #ib1 #aja1 #ajd1 #bbb1 #bbd1 #bbe1 or #bbf of the ,atomic ,energy ,act of #aied 7#db ,u4,s4,c4 #bjgg1 #babb1 #baca1 #bacd1 #bbgb1 #bbgd1 #bbge1 and #bbgf72 7,j7 section #fja of the ,national ,security ,act of #aidg 7relating to intelligence identities protection2 #ej ,u4,s4,c4 #dba72 7,k7 section #fjc7;b7 or 7c7 of the ,comprehensive ,anti-,apartheid ,act of #aihf 7#bb ,u4,s4,c4 #eaac7;b7 or 7c772 or 7,l7 section #c1 #d1 #e1 and #f of the ,prevention of ,terrorist ,access to ,destructive ,weapons ,act of #bjjd1 relating to missile systems designed to destroy aircraft 7#ah ,u4,s4,c4 #bccb;g71 prohibitions governing atomic weapons 7#db ,u4,s4,c4 #babb71 radiological dispersal devices 7#ah ,u4,s4,c4 #bccb;h71 and variola virus 7#ah ,u4,s4,c4 #age;b72 7#b7 persons who are the subject of an indictment or have been convicted under section #cga of title #ah1 ,united ,states ,code1 for conspiracy to violate any of the provisions of law described in paragraph 7#a72 and 7#c7 persons who are ineligible-- 7,a7 to contract with1 7,b7 to receive a license or other form of authorization to export from1 or 7,c7 to receive a license or other form of authorization to import defense articles or defense services from1 any ,federal agency4 7b7 ,disapproval of application ,if the ,president determines that-- 7#a7 an applicant for a license to export under this subtitle is the subject of an indictment for a violation of any of the provisions of law described in subsection 7a71 7#b7 there is reasonable cause to believe that an applicant for a license to export under this subtitle has violated any of the provisions of law described in subsection 7a71 or 7#c7 an applicant for a license to export under this subtitle is ineligible to contract with1 or to receive a license or other form of authorization to import defense articles or defense services from1 any ,federal agency1 the ,president may disapprove the export license application4 ,the ,president shall consider requests by the ,secretary of the ,treasury to disapprove any export license application based on these criteria4 7c7 ,prohibition on issuance of license ,to export items on the ,,usml 7#a7 ,in general ,a license to export an item on the ,united ,states ,munitions ,list may not be issued to a person-- 7,a7 if the person1 or any party to the export1 has been convicted of violating a provision of law described in subsection 7a72 or 7,b7 if the person1 or any party to the export1 is at the time of the license review ineligible to receive export licenses 7or other forms of authorization to export7 from any ,federal agency4 7#b7 ,exception ,a license to export an item on the ,united ,states ,munitions ,list may be issued to a person described in paragraph 7#a7 if the ,president1 after consultation with the ,secretary of the ,treasury1 and after a thorough review of the circumstances surrounding the conviction or ineligibility to export1 determines that appropriate steps have been taken to mitigate any law enforcement concerns4 #dcgd4 ,standards to identify high-risk exports ,the ,secretary shall1 in coordination with the heads of appropriate ,federal agencies1 develop standards for identifying high-risk defense articles for regular end-use verification4 #dcge4 ,requirement of exporters to report shipment ,as prescribed in regulations issued under this chapter1 a person to whom a license has been granted to export an item on the ,united ,states ,munitions ,list shall1 not later than #ae days after the item is exported1 submit to the ,department of ,state a report containing all shipment information1 including a description of the item and the quantity1 value1 port of exit1 and end-user and country of destination of the item4 #dcgf4 ,end-use monitoring of defense articles and defense services 7a7 ,establishment of monitoring program 7#a7 ,in general ,in order to improve accountability with respect to defense articles and defense services sold1 leased1 or exported under this ,act and predecessor ,acts1 the ,president shall establish a program which provides for the end-use monitoring of the articles and services4 7#b7 ,requirements of program ,to the extent practicable1 the program shall be-- 7,a7 established and carried out in accordance with the standards that apply for identifying high-risk exports for regular end-use verification developed under section #dcgd 7commonly referred to as the ,blue ,lantern program72 and 7,b7 designed to provide reasonable assurance that-- 7i7 the recipient is complying with the requirements imposed by the ,united ,states ,government with respect to use1 transfers1 and security of defense articles and defense services2 and 7ii7 the articles and services are being used for the purposes for which they are provided4 7b7 ,conduct of program ,in carrying out the program established under subsection 7a71 the ,president shall ensure that the program-- 7#a7 provides for the end-use verification of defense articles and defense services that incorporate sensitive technology1 defense articles and defense services that are particularly vulnerable to diversion or other misuse1 or defense articles or defense services whose diversion or other misuse could have significant consequences2 and 7#b7 prevents the diversion 7through reverse engineering or other means7 of technology incorporated in defense articles4 7c7 ,report to ,congress ,as part of the annual congressional budget justification submitted under section #hcjb1 the ,president shall transmit to ,congress a report describing the actions taken to implement this section1 including a detailed accounting of the costs and number of personnel associated with the monitoring program4 7d7 ,third country transfers ,for purposes of this section1 defense articles and defense services sold1 leased1 or exported under this ,act includes defense articles and defense services that are transferred to a third country or other third party and the numbers1 range1 and finding of end-use monitoring of ,united ,states transfers of small arms and light weapons4 #dcgg4 ,fees of military sales agents and other payments 7a7 ,in general ,in accordance with such regulations as the ,secretary may prescribe under subsection 7b71 the ,secretary shall require adequate and timely reporting on political contributions1 gifts1 commissions and fees paid1 or offered or agreed to be paid1 by any person in connection with-- 7#a7 sales of defense articles or defense services1 or of design and construction services under section #dcab2 or 7#b7 commercial sales of defense articles or defense services licensed or approved under section #dcja1 to or for the armed forces of a foreign country or international organization in order to solicit1 promote1 or otherwise to secure the conclusion of such sales4 7b7 ,regulations ,the regulations referred to in subsection 7a7 shall specify the amounts and the kinds of payments1 offers1 and agreements to be reported1 and the form and timing of reports1 and shall require reports on the names of sales agents and other persons receiving such payments4 ,the ,secretary shall by regulation require such recordkeeping as the ,secretary determines is necessary4 7c7 ,prohibition1 limitation1 conditions ,the ,secretary may1 by regulation1 prohibit1 limit1 or prescribe conditions with respect to such contributions1 gifts1 commissions1 and fees as the ,president determines will be in furtherance of the purposes of this ,act4 7d7 ,requirement for inclusion in procurement contract 7#a7 ,in general ,no such contribution1 gift1 commission1 or fee may be included1 in whole or in part1 in the amount paid under any procurement contract entered into under section #dcab1 unless the amount thereof is reasonable1 allocable to such contract1 and not made to a person who has solicited1 promoted1 or otherwise secured such sale1 or has held himself out as being able to do so1 through improper influence4 7#b7 ,definition ,for the purposes of this subsection1 the term improper influence means influence1 direct or indirect1 which induces or attempts to induce consideration or action by any employee or officer of a purchasing foreign government or international organization with respect to such purchase on any basis other than such consideration of merit as are involved in comparable ,united ,states procurements4 7e7 ,availability of information and records 7#a7 ,in general ,all information reported to the ,secretary and all records maintained by any person pursuant to regulations prescribed under this section shall be available1 upon request1 to any standing committee of ,congress or any subcommittee thereof and to any ,federal agency authorized by law to have access to the books and records of the person required to submit reports or to maintain records under this section4 7#b7 ,terms and conditions ,access by an ,federal agency to records maintained under this section shall be on the same terms and conditions that govern access by the agency to the books and records of the person concerned4 #dcgh4 ,prohibition on incentive payments 7a7 ,prohibition ,a ,united ,states person1 or any employee1 agent1 or subcontractor thereof1 may not1 with respect to the sale or export of any defense article or defense service to a foreign country1 make any incentive payments for the purpose of satisfying1 in whole or in part1 any offset agreement with the country4 7b7 ,civil penalties ,any person who violates the provisions of subsection 7a7 shall be subject to the imposition of civil penalties as provided for in subsection 7c74 7c7 ,enforcement ,in providing for the enforcement of this section1 the ,secretary is authorized to exercise the same powers concerning violations and enforcement and imposition of civil penalties that are conferred upon ,federal agencies and officials by subsections 7c71 7d71 7e71 and 7f7 of section #aa of the ,export ,administration ,act of #aigi and section #ab7;a7 of such ,act 7as continued in effect under the ,international ,emergency ,economic ,powers ,act71 subject to the same terms and conditions as are applicable to such powers under such ,act1 except that section #aa7;c77#b77;,b7 of such ,act shall not apply1 and instead1 as prescribed in regulations issued under this section1 the ,secretary may assess civil penalties for violations of this ,act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties1 and except further that notwithstanding section #aa7;c7 of that ,act1 the civil penalty for each violation of this section may not exceed #ejj1jjj or five times the amount of the prohibited incentive payment1 whichever is greater4 #f ,congressional review of arms sales #dcha4 ,reports on commercial and governmental military exports2 congressional action 7a7 ,in general ,the ,secretary shall transmit to the appropriate congressional committees not later than #fj days after the end of each calendar quarter an unclassified report 7except that any material which was transmitted in classified form under subsection 7b77#a7 or 7c77#a7 may be contained in a classified addendum to such report1 and any letter of offer referred to in paragraph 7#a7 may be listed in such addendum unless such letter of offer has been the subject of an unclassified certification pursuant to subsection 7b77#a71 and any information provided under paragraph 7#aa7 may also be provided in a classified addendum7 containing-- 7#a7 a listing of all letters of offer to sell any major defense equipment for #a1jjj1jjj or more under this ,act to each foreign country and international organization1 by category1 if such letters of offer have not been accepted or canceled2 7#b7 a listing of all such letters of offer that have been accepted during the fiscal year in which such report is submitted1 together with the total value of all defense articles and defense services sold to each foreign country and international organization during such fiscal year2 7#c7 the cumulative dollar amounts1 by foreign country and international organization1 of sales credit agreements under section #dbea made during the fiscal year in which such report is submitted2 7#d7 a numbered listing of all licenses and approvals for the export to each foreign country and international organization during such fiscal year of commercially sold major defense equipment1 by category1 sold for #a1jjj1jjj or more1 together with the total value of all defense articles and defense services so licensed for each foreign country and international organization1 setting forth1 with respect to the listed major defense equipment-- 7,a7 the items to be exported under the license2 7,b7 the quantity and contract price of each such item to be provided2 and 7,c7 the name and address of the ultimate user of each such item2 7#e7 projections of the dollar amounts1 by foreign country and international organization1 of sales expected to be made under sections #dcaa and #dcab1 in the quarter of the fiscal year immediately following the quarter for which such report is submitted2 7#f7 a projection with respect to all sales expected to be made to each country and organization for the remainder of the fiscal year in which such report is transmitted2 7#g7 a description of each payment1 contribution1 gift1 commission1 or fee reported to the ,secretary under section #dcgg1 including-- 7,a7 the name of the person who made such payment1 contribution1 gift1 commission1 or fee2 7,b7 the name of any sales agent or other person to whom such payment1 contribution1 gift1 commission1 or fee was paid2 7,c7 the date and amount of such payment1 contribution1 gift1 commission1 or fee2 7,d7 a description of the sale in connection with which such payment1 contribution1 gift1 commission1 or fee was paid2 and 7,e7 the identification of any business information considered confidential by the person submitting it which is included in the report2 7#h7 a listing of each sale under section #dbea during the quarter for which such report is made1 specifying-- 7,a7 the purchaser2 7,b7 the ,federal agency responsible for implementing the sale2 7,c7 an estimate of the dollar amount of the sale2 and 7,d7 a general description of the real property facilities to be constructed pursuant to such sale2 7#i7 a listing of each export of defense articles under section #dcaa during the quarter for which report is made1 specifying the recipient1 the defense article1 the dollar amount of the export1 and a description of the cooperative agreement pursuant to which the export was made2 7#aj7 a listing of the consents to third-party transfers of defense articles or defense services which were granted1 during the quarter for which such report is submitted1 if the value 7in terms of original acquisition cost7 of the defense articles or defense services to be transferred is #a1jjj1jjj or more2 7#aa7 a listing of all munitions items that were sold1 leased1 or otherwise transferred by the ,department of ,defense to any other ,federal agency during the quarter for which such report is submitted 7including the name of the recipient agency and a discussion of what the agency will do with those munitions items7 if-- 7,a7 the value of the munitions items was #bej1jjj of more1 and 7,b7 the value of all munitions items transferred to the ,federal agency during that quarter was #bej1jjj or more1 excluding munitions items transferred 7i7 for disposition or use solely within the ,united ,states1 or 7ii7 for use in connection with intelligence activities subject to reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dac et seq42 relating to congressional oversight of intelligence activities72 7#ab7 a report on all concluded government-to-government agreements regarding foreign coproduction of defense articles of ,united ,states origin and all other concluded agreements involving coproduction or licensed production outside of the ,united ,states of defense articles of ,united ,states origin 7including coproduction memoranda of understanding or agreement7 that have not been previously reported under this subsection1 which shall include-- 7,a7 the identity of the foreign countries1 international organizations1 or foreign firms involved2 7,b7 a description and the estimated value of the articles authorized to be produced1 and an estimate of the quantity of the articles authorized to be produced2 7,c7 a description of any restrictions on third-party transfers of the foreign-manufactured articles2 and 7,d7 if any such agreement does not provide for ,united ,states access to and verification of quantities of defense articles produced outside the ,united ,states and their disposition in the foreign country1 a description of alternative measures and controls incorporated in the coproduction or licensing program to ensure compliance with restrictions in the agreement on production quantities and third-party transfers2 7#ac7 a report on all exports of significant military equipment for which information has been provided pursuant to section #dcge2 and 7#ad7 copies of security assistance surveys conducted by ,united ,states ,government personnel for the calendar quarter for which the report is transmitted4 7b7 ,additional information ,for each letter of offer to sell under paragraphs 7#a7 and 7#b7 of subsection 7a71 the report shall specify-- 7#a7 the foreign country or international organization to which the defense article or defense service is offered or was sold1 as the case may be2 7#b7 the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold1 as the case may be2 7#c7 a description of the defense article or defense service offered or sold1 as the case may be2 and 7#d7 the ,united ,states ,armed ,forces or ,federal agency that is making the offer to sell or the sale1 as the case may be4 #dchb4 ,congressional certification of sensitive foreign military sales and agreements 7a7 ,in general ,the ,president shall submit to the appropriate congressional committees a numbered certification with respect to any letter of offer to sell1 or an application by a person for a license for the export of1 pursuant to this or any other ,act1 the following to a foreign country or international organization3 7#a7 ,major defense equipment of a type that have not been sold to the country or organization for #be1jjj1jjj or more4 7#b7 ,major defense equipment of a type that have been sold to the country or organization but are significantly different in terms of capability from those previously sold1 for #be1jjj1jjj or more4 7#c7 ,fixed- or rotary-wing aircraft1 whether flown remotely or by an onboard pilot1 primarily used for military purposes2 navigation1 sensors1 sensitive components2 and engines for same and sensitive components of such engines4 7#d7 ,radars for military end-use4 7#e7 ,guided or ballistic missiles1 regardless of mode of launch4 7#f7 ,firearms1 close assault weapons1 and combat shotguns over #a1jjj1jjj4 7#g7 ,night vision devices4 7#h7 ,naval vessels1 both surface vessels 7above #c1jjj tons7 and submersibles4 7#i7 ,toxicological ,agents and associated equipment1 for #be1jjj1jjj or more4 7#aj7 ,tanks 7including significant components7 and armored vehicle chassis1 regardless of armament or lack thereof4 7#aa7 ,other defense articles and defense services for #ajj1jjj1jjj or more4 7#ab7 ,military-related design and construction services for #cjj1jjj1jjj or more4 7b7 ,certification ,the following requirements shall apply with respect to the submission of a numbered certification under subsection 7a73 7#a7 ,before a ,united ,states commercial technical assistance or manufacturing licensing agreement that involves the manufacture outside the ,united ,states of any sensitive military equipment is approved under section #dcja1 the ,secretary shall transmit to the appropriate congressional committees an unclassified numbered certification with respect to the agreement4 7#b7 ,each numbered certification shall specify-- 7,a7 the foreign country or international organization to which the defense article or defense service is offered or was sold1 as the case may be2 7,b7 the dollar amount of the offer to sell or the sale and the number of defense articles offered or sold1 as the case may be2 7,c7 a description of the defense article or defense service offered or sold1 as the case may be2 and 7,d7 the ,united ,states ,armed ,forces or ,federal agency that is making the offer to sell or the sale1 as the case may be4 7#c7 ,for commercial technical assistance or manufacturing licensing agreements1 each numbered certification shall specify-- 7,a7 the purchaser2 7,b7 the ,federal agency responsible for implementing the sale2 7,c7 an estimate of the dollar amount of the sale2 and 7,d7 a general description of the real property facilities to be constructed pursuant to such sale4 7c7 ,additional information ,each numbered certification submitted under subsection 7a7 shall also contain information on the following3 7#a7 ,a description1 containing the information described in section #dcha7;a77#g71 of any contribution1 gift1 commission1 or fee paid or offered or agreed to be paid in order to solicit1 promote1 or otherwise to secure the letter of offer relating to the numbered certification4 7#b7 ,an item1 classified if necessary1 identifying the sensitivity of technology contained in the defense articles1 defense services1 or design and construction services proposed to be sold1 and a detailed justification of the reasons necessitating the sale of the articles1 services1 or design and construction services in view of the sensitivity of the technology4 7#c7 ,in a case in which the defense articles or defense services listed on the ,missile ,technology ,control ,regime ,annex are intended to support the design1 development1 or production of a ,category ,i space launch vehicle system1 the certification shall also include a description of the proposed export and rationale for approving such export1 including the consistency of such export with ,united ,states missile nonproliferation policy4 7#d7 ,each numbered certification shall contain an item indicating whether any offset agreement is proposed to be entered into in connection with such letter of offer to sell 7if known on the date of transmittal of such certification74 7d7 ,form ,a numbered certification transmitted pursuant to subsection 7a7 shall be in unclassified form1 except that the information specified in paragraphs 7#b7 and 7#c7 of section #dcha7;b7 and the details of the description specified in subsections 7b7 and 7c7 may be classified if the public disclosure thereof would be clearly detrimental to the security of the ,united ,states1 in which case the information shall be accompanied by a description of the damage to the national security that could be expected to result from public disclosure of the information4 7e7 ,consultation ,the ,secretary shall consult with the appropriate congressional committees prior to the notification of a letter of offer1 an application to export1 or the conclusion of an commercial technical assistance agreement or a manufacturing license agreement4 7f7 ,committee information request ,the ,secretary shall1 upon the request of an appropriate congressional committee1 transmit promptly to both such committees a statement setting forth1 to the extent specified in such request-- 7#a7 a detailed description of the defense articles1 defense services1 or design and construction services to be offered1 including a brief description of the capabilities of any defense article to be offered2 7#b7 an estimate of the number of officers and employees of the ,united ,states ,government and of ,united ,states civilian contract personnel expected to be needed in such country to carry out the proposed sale2 7#c7 the name of each contractor expected to provide the defense article1 defense service1 or design and construction services proposed to be sold and a description of any offset agreement with respect to such sale2 7#d7 an evaluation1 prepared by the ,secretary in consultation with the ,secretary of ,defense and the ,director of ,central ,intelligence1 of the manner1 if any1 in which the proposed sale would-- 7,a7 contribute to an arms race2 7,b7 support international terrorism2 7,c7 increase the possibility of an outbreak or escalation of conflict2 7,d7 prejudice the negotiation of any arms controls2 7,e7 adversely affect the arms control or nonproliferation policy of the ,united ,states2 7,f7 support blackmarket or greymarket trade in arms1 either those transferred or obsolete arms to be replaced by the arms sale2 or 7,g7 require the transfer of ,united ,states arms sensitive technology or manufacturing techniques as a condition of the arms sale1 and the impact of such transfer on the ,united ,states manufacturing base1 including on jobs based in the ,united ,states2 7#e7 the reasons why the foreign country or international organization to which the sale is proposed to be made needs the defense articles1 defense services1 or design and construction services which are the subject of such sale and a description of how such country or organization intends to use such defense articles1 defense services1 or design and construction services2 7#f7 an analysis of the impact of the proposed sale on the military stocks and the military preparedness of the ,united ,states2 7#g7 the reasons why the proposed sale is in the national interest of the ,united ,states2 7#h7 an analysis of the impact of the proposed sale on the military capabilities of the foreign country or international organization to which such sale would be made2 7#i7 an analysis of how the proposed sale would affect the relative military strengths of countries in the region to which the defense articles1 defense services1 or design and construction services which are the subject of such sale would be delivered and whether other countries in the region have comparable kinds and amounts of defense articles1 defense services1 or design and construction services2 7#aj7 an estimate of the levels of trained personnel and maintenance facilities of the foreign country or international organization to which the sale would be made which are needed and available to utilize effectively the defense articles1 defense services1 or design and construction services proposed to be sold2 7#aa7 an analysis of the extent to which comparable kinds and amounts of defense articles1 defense services1 or design and construction services are available from other countries2 7#ab7 an analysis of the impact of the proposed sale on ,united ,states relations with the countries in the region to which the defense articles1 defense services1 or design and construction services which are the subject of such sale would be delivered2 7#ac7 a detailed description of any agreement proposed to be entered into by the ,united ,states for the purchase or acquisition by the ,united ,states of defense articles1 defense services1 design and construction services or defense equipment1 or other articles1 services1 or equipment of the foreign country or international organization in connection with1 or as consideration for1 such letter of offer1 including an analysis of the impact of such proposed agreement upon ,united ,states business concerns which might otherwise have provided such articles1 services1 or equipment to the ,united ,states1 an estimate of the costs to be incurred by the ,united ,states in connection with such agreement compared with costs which would otherwise have been incurred1 an estimate of the economic impact and unemployment which would result from entering into such proposed agreement1 and an analysis of whether such costs and such domestic economic impact justify entering into such proposed agreement2 7#ad7 the projected delivery dates of the defense articles1 defense services1 or design and construction services to be offered2 7#ae7 a detailed description of weapons and levels of munitions that may be required as support for the proposed sale2 7#af7 an analysis of the relationship of the proposed sale to projected procurements of the same item1 and 7#ag7 an analysis1 classified if necessary1 of the security to be provided by the proposed recipient of the arms sale on the defense articles and defense services1 both against external and internal security threats1 including espionage4 #dchc4 ,upgrade or enhancement 7a7 ,in general ,if1 before the delivery of any major defense article or major defense equipment1 or the furnishing of any defense service or design and construction service1 sold pursuant to a letter of offer or a contract pursuant to a license described in section #dchb1 the sensitivity of technology or the capability of the article1 equipment1 or service is enhanced or upgraded from the level of sensitivity or capability described in the numbered certification with respect to an offer to sell such article1 equipment1 or service1 then1 at least #de days before the delivery of such article or equipment or the furnishing of such service1 the ,president shall prepare and transmit to the chairman of the ,committee on ,foreign ,affairs of the ,house of ,representatives and the chairman of the ,committee on ,foreign ,relations of the ,senate a report-- 7#a7 describing the manner in which the technology or capability has been enhanced or upgraded and describing the significance of such enhancement or upgrade2 and 7#b7 setting forth a detailed justification for such enhancement or upgrade4 7b7 ,application ,the provisions of subsection 7a7 apply to an article or equipment delivered1 or a service furnished1 within #aj years after the transmittal to the ,congress of a numbered certification with respect to the sale of such article1 equipment1 or service4 7c7 ,new numbered certification 7#a7 ,in general ,if the enhancement or upgrade in the sensitivity of technology or the capability of major defense equipment1 defense articles1 defense services1 or design and construction services described in a numbered certification submitted under this section costs #ad1jjj1jjj or more in the case of any major defense equipment1 #ej1jjj1jjj or more in the case of defense articles or defense services1 or #bjj1jjj1jjj or more in the case of design or construction services1 then the ,secretary shall submit to the chairman of the ,committee on ,foreign ,affairs of the ,house of ,representatives and the chairman of the ,committee on ,foreign ,relations of the ,senate a new numbered certification which relates to such enhancement or upgrade and which shall be considered for purposes of this section as if it were a separate letter of offer to sell defense equipment1 articles1 or services1 subject to all of the requirements1 restrictions1 and conditions set forth in this section4 7#b7 ,rule of construction ,for purposes of this subsection1 references in this section to sales shall be deemed to be references to enhancements or upgrades in the sensitivity of technology or the capability of major defense equipment1 defense articles1 or defense services1 as the case may be4 #dchd4 ,congressional review period and disapproval 7a7 ,review period ,any numbered certification submitted to the appropriate congressional committees for a letter of offer or a license to export under section #dchb may not be issued not earlier than-- 7#a7 in the case of a strategic ,united ,states ally1 #ae legislative days after the date of submission of the certification2 7#b7 in the case of any other country1 #cj legislative days after the date of submission of the certification2 and 7#c7 in the case of a license for export of a commercial communications satellite for launch from1 and by nationals of1 the ,russian ,federation1 ,ukraine1 or ,kazakhstan1 #ae legislative days after the date of submission of the certification4 7b7 ,disapproval ,no letter of offer1 or license to export1 may be issued for any proposed sale subject to the provisions of this section if a joint resolution of disapproval is enacted providing for any such sale within the respective time periods specified in subsection 7a74 7c7 ,procedures for consideration of joint resolution 7#a7 ,senate ,any such joint resolution shall be considered in the ,senate in accordance with the provisions of section #fja7;b7 of the ,international ,security ,assistance and ,arms ,export ,control ,act of #aigf1 except that for purposes of consideration of any joint resolution with respect to a strategic ,united ,states ally1 it shall be in order in the ,senate to move to discharge a committee to which such joint resolution was referred if such committee has not reported such joint resolution at the end of #e calendar days after its introduction4 7#b7 ,house of ,representatives ,for the purpose of expediting the consideration and enactment of joint resolutions under this subsection1 a motion to proceed to the consideration of any such joint resolution after it has been reported by the appropriate committee shall be treated as highly privileged in the ,house of ,representatives4 #dche4 ,national security waiver of congressional review of arms sales 7a7 ,authority ,if the ,president informs the appropriate congressional committees that an emergency exists that requires a sale of a defense article or defense service under section #dcca or a retransfer of a defense article or defense service under section #dcfa in the national security interests of the ,united ,states1 the ,president may exempt the proposed sale from the requirements of this chapter4 7b7 ,justification ,before exercising such waiver1 the ,president shall set forth in a statement to the appropriate congressional committees a detailed justification for the ,president's determination1 including a description of the emergency circumstances that necessitate the immediate issuance of the letter of offer and a discussion of the national security interests involved4 #dchf4 ,publication of arms sales notifications 7a7 ,publication ,the ,secretary shall publish in a timely manner in the ,federal ,register1 upon transmittal to the ,speaker of the ,house of ,representatives and to the chairman of the ,committee on ,foreign ,relations of the ,senate1 the full unclassified text of each numbered certification submitted pursuant to section #dchb4 7b7 ,rule of construction ,information relating to offset agreements shall be treated as confidential information in accordance with section #ab7;c7 of the ,export ,administration ,act of #aigi 7#ej ,u4,s4,c4 ,app4 #bdaa7;c77 7as continued in effect under the ,international ,emergency ,economic ,powers ,act74 #dchg4 ,certification requirement relating to ,israel's qualitative military edge 7a7 ,in general ,any certification relating to a proposed sale or export of defense articles or defense services under this chapter to any country in the ,middle ,east other than ,israel shall include an unclassified determination that the sale or export of the defense articles or defense services will not adversely affect ,israel's qualitative military edge over military threats to ,israel1 but may also include a classified determination as well4 7b7 ,qualitative military edge defined ,in this section1 the term qualitative military edge means the ability to counter and defeat any credible conventional military threat from any individual state or possible coalition of states or from non-state actors1 while sustaining minimal damages and casualties1 through the use of superior military means1 possessed in sufficient quantity1 including weapons1 command1 control1 communication1 intelligence1 surveillance1 and reconnaissance capabilities that in their technical characteristics are superior in capability to those of such other individual or possible coalition of states or non-state actors4 #g ,landmines and cluster munitions #dcia4 ,landmines 7a7 ,in general ,notwithstanding any other provision of law1 demining equipment available to the ,agency or the ,department of ,state and used in support of the clearance of landmines and unexploded ordnance for humanitarian purposes may be disposed of on a grant basis in foreign countries4 7b7 ,terms and conditions ,the exercise of the authority under subsection 7a7 shall be subject to such terms and conditions as the ,president may prescribe4 #dcib4 ,cluster munitions ,no security assistance may be provided for cluster munitions1 no defense export license for cluster munitions may be issued1 and no cluster munitions or cluster munitions technology shall be sold or transferred1 unless-- 7#a7 the submunitions of the cluster munitions1 after arming1 do not result in more than #a percent unexploded ordnance across the range of intended operational environments2 and 7#b7 the agreement applicable to the assistance1 transfer1 or sale of such cluster munitions or cluster munitions technology specifies that-- 7,a7 the cluster munitions will only be used against clearly defined military targets and will not be used where civilians are known to be present or in areas normally inhabited by civilians2 and 7,b7 the recipient agrees to immediately recover any unexploded submunitions1 and to give assistance as necessary to any civilian injuries1 that follow the use of such weapons in any area in which civilians are present4 ,d ,general administrative and miscellaneous provisions #ddja4 ,general provisions 7a7 ,procurement in the ,united ,states2 coproduction or licensed production outside the ,united ,states 7#a7 ,in general ,in carrying out this title1 special emphasis shall be placed on procurement in the ,united ,states1 but1 subject to the provisions of subsection 7b71 consideration shall also be given to coproduction or licensed production outside the ,united ,states of defense articles of ,united ,states origin when such production best serves the foreign policy1 national security1 and economy of the ,united ,states4 7#b7 ,evaluation ,in evaluating any sale proposed to be made pursuant to this title1 there shall be taken into consideration-- 7,a7 the extent to which the proposed sale damages or infringes upon licensing arrangements whereby ,united ,states entities have granted licenses for the manufacture of the defense articles selected by the purchasing country to entities located in friendly foreign countries1 which licenses result in financial returns to the ,united ,states2 7,b7 the portion of the defense articles so manufactured which is of ,united ,states origin2 and 7,c7 whether1 and the extent to which1 such sale might contribute to an arms race1 aid in the development of weapons of mass destruction1 support international terrorism1 increase the possibility of outbreak or escalation of conflict1 or prejudice the development of bilateral or multilateral arms control or nonproliferation agreements or other arrangements4 7b7 ,prohibitions ,no credit sale shall be extended under section #dbea in any case involving coproduction or licensed production outside the ,united ,states of any defense article of ,united ,states origin1 unless the ,secretary1 in advance of any such transaction1 advises the appropriate congressional committees and furnish the ,speaker of the ,house of ,representatives and the ,president of the ,senate with full information regarding the proposed transaction1 including a description of the particular defense article or articles which would be produced under license or coproduced outside the ,united ,states1 the estimated value of such production or coproduction1 and the probable impact of the proposed transaction on employment and production within the ,united ,states4 7c7 ,availability of funds ,funds made available under this title may be used for procurement outside the ,united ,states only if the ,president determines that such procurement will not result in adverse effects upon the economy of the ,united ,states or the industrial mobilization base1 with special reference to any areas of labor surplus or to the net position of the ,united ,states in its balance of payments with the rest of the world1 which outweigh the economic or other advantages to the ,united ,states of less costly procurement outside the ,united ,states 7d7 ,responsibilities of ,secretary of ,defense 7#a7 ,in general ,with respect to sales under sections #dcaa1 #dcab1 #dcbd1 and #dcea the ,secretary of ,defense shall1 under the direction of the ,president1 have primary responsibility for-- 7,a7 the determination of military end-item requirements2 7,b7 the procurement of military equipment in a manner which permits its integration with service programs2 7,c7 the supervision of the training of foreign military personnel2 7,d7 the movement and delivery of military end-items2 and 7,e7 within the ,department of ,defense1 the performance of any other functions with respect to sales and guaranties4 7#b7 ,priorities ,the establishment of priorities in the procurement1 delivery1 and allocation of military equipment shall1 under the direction of the ,president1 be determined by the ,secretary of ,defense4 7e7 ,termination provisions 7#a7 ,contracts ,each contract for sale entered into under sections #dcaa1 #dcab1 #dcbd1 and #dcea1 and each contract entered into under section #dbhb1 shall provide that such contract may be canceled in whole or in part1 or its execution suspended1 by the ,united ,states at any time under unusual or compelling circumstances if the national interest of the ,united ,states so requires4 7#b7 ,export licenses ,each export license issued under section #dcca shall provide that such license may be revoked1 suspended1 or amended by the ,secretary1 without prior notice1 whenever the ,secretary deems such action to be advisable4 ,nothing in this paragraph may be construed as limiting the regulatory authority of the ,president under this ,act4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated from time to time such sums as may be necessary-- 7,a7 to refund moneys received from purchasers under contracts of sale entered into under sections #dcaa1 #dcab1 #dcbd1 and #dcea1 or under contracts entered into under section #dbhb1 that are canceled or suspended under this subsection to the extent such moneys have previously been disbursed to private contractors and ,united ,states ,government agencies for work in progress2 and 7,b7 to pay such damages and costs that accrue from the corresponding cancellation or suspension of the existing procurement contracts or ,federal agency work orders involved4 7f7 ,civilian contract personnel ,the ,president shall1 to the maximum extent possible and consistent with the purposes of this title1 use civilian contract personnel in any foreign country to perform defense services sold under this title4 #ddjb4 ,administrative expenses 7a7 ,in general ,funds made available under other provisions of law for the operations of ,federal agencies carrying out functions under this title shall be available for the administrative expenses incurred by such agencies under this title4 7b7 ,recovery of expenses ,charges for administrative services calculated under section #dcad7;a77#a7 shall include recovery of administrative expenses and official reception and representation expenses incurred by any ,federal agency1 including any mission or group thereof1 in carrying out functions under this title if-- 7#a7 such functions are primarily for the benefit of any foreign country2 7#b7 such expenses are not directly and fully charged to1 and reimbursed from amounts received for1 sale of defense services under section #dcaa2 and 7#c7 such expenses are neither salaries of the ,united ,states ,armed ,forces nor represent unfunded estimated costs of civilian retirement and other benefits4 7c7 ,official reception and representation expenses ,not more than #hf1ejj of the funds derived from charges for administrative services pursuant to section #dcad7;a77#a7 may be used each fiscal year for official reception and representation expenses4 #ddjc4 ,detail of appropriate personnel ,the ,president may detail1 as necessary1 to the ,department of ,state appropriate personnel from any other ,federal agency on a nonreimbursable basis1 to assist in the initial screening of applications for export licenses under this subtitle in order to determine the need for further review of those applications for foreign policy1 national security1 and law enforcement concerns4 #ddjd4 ,rule of construction ,nothing in this title shall be construed as modifying in any way the provisions of the ,atomic ,energy ,act of #aied or section #gcjg of title #aj1 ,united ,states ,code4 #ddje4 ,performance goals for processing of applications for licenses to export items on ,united ,states ,munitions ,list 7a7 ,in general ,the ,secretary shall establish and maintain the following goals3 7#a7 ,the processing time for review of each application for a license to export items on the ,united ,states ,munitions ,list 7other than a ,manufacturing ,license ,agreement7 shall be not more than #fj days from the date of receipt of the application4 7#b7 ,the processing time for review of each application for a commodity jurisdiction determination shall be not more than #fj days from the date of receipt of the application4 7#c7 ,the total number of applications described in paragraph 7#a7 that are unprocessed shall be not more than #g percent of the total number of such applications submitted in the preceding calendar year4 7b7 ,additional review 7#a7 ,in general ,if an application described in paragraph 7#a7 or 7#b7 of subsection 7a7 is not processed within the time period described in the respective paragraph of such subsection1 then the ,secretary shall ensure that the appropriate managing official shall review the status of the application to determine if further action is required to process the application4 7#b7 ,additional requirements ,if an application described in paragraph 7#a7 or 7#b7 of subsection 7a7 is not processed within #ij days from the date of receipt of the application1 then the appropriate managing official shall-- 7,a7 review the status of the application to determine if further action is required to process the application2 and 7,b7 submit to the appropriate congressional committees a notification of the review conducted under subparagraph 7,a71 including a description of the application1 the reason for delay in processing the application1 and a proposal for further action to process the application4 7#c7 ,annual review ,for each calendar year1 the appropriate managing official shall review not less than #b percent of the total number of applications described in paragraphs 7#a7 and 7#b7 of subsection 7a7 to ensure that the processing of such applications1 including decisions to approve1 deny1 or return without action1 is consistent with both the foreign policy and regulatory requirements of the ,united ,states4 7c7 ,statements of policy 7#a7 ,united ,states allies ,congress states that-- 7,a7 to ensure that1 to the maximum extent practicable1 the processing time for review of applications to export items to ,united ,states allies in direct support of combat operations or peacekeeping or humanitarian operations with the ,united ,states ,armed ,forces is not more than #g days from the date of receipt of the application2 and 7,b7 the ,secretary shall ensure that1 to the maximum extent practicable1 the processing time for review of applications described in subsection 7a77#a7 to export items that are not subject to the requirements of chapter #f to a strategic ,united ,states ally1 and1 as appropriate1 other major ,united ,states allies for any purpose other than the purpose described in paragraph 7#a7 is not more than #cj days from the date of receipt of the application4 7#b7 ,priority for applications for export of ,u4,s4-origin equipment ,in meeting the goals established by this section1 the ,secretary shall prioritize the processing of applications for licenses and agreements necessary for the export of ,united ,states-origin equipment over applications for ,manufacturing ,license ,agreements4 7d7 ,report ,not later than #ahj days after the date of the enactment of this ,act1 and not later than #a year thereafter1 the ,secretary shall submit to the appropriate congressional committees a report that contains a detailed description of-- 7#a7 7,a7 the average processing time for and number of applications described in subsection 7a77#a7 to-- 7i7 a strategic ,united ,states ally2 7ii7 a major ,united ,states ally2 and 7iii7 any other country2 and 7,b7 to the extent practicable1 the average processing time for and number of applications described in subsection 7b77#a7 by item category2 7#b7 the average processing time for and number of applications described in subsection 7a77#b72 7#c7 the average processing time for and number of applications for agreements described in part #abd of title #bb1 ,code of ,federal ,regulations 7relating to the ,international ,traffic in ,arms ,regulations71 other than ,manufacturing ,license ,agreements2 7#d7 the average processing times for applications for ,manufacturing ,license ,agreements2 7#e7 any management decisions of the ,directorate of ,defense ,trade ,controls of the ,department of ,state that have been made in response to data contained in paragraphs 7#a7 through 7#c72 and 7#f7 any advances in technology that will allow the time-frames described in subsection 7a77#a7 to be substantially reduced4 7e7 ,congressional briefings ,if1 at the end of any month beginning after the date of the enactment of this ,act1 the total number of applications described in subsection 7a77#a7 that are unprocessed is more than #g percent of the total number of such applications submitted in the preceding calendar year1 then the ,secretary shall ensure that the ,assistant ,secretary for ,political-,military ,affairs shall brief the appropriate congressional committees on such matters and the corrective measures that will be taken to comply with the requirements of subsection 7a74 7f7 ,transparency of commodity jurisdiction determinations 7#a7 ,in general ,to the maximum extent practicable1 commodity jurisdiction determinations made as the appropriate controls to be applied to commodities shall be made public4 7#b7 ,publication on ,department of ,state's ,internet website ,the ,secretary shall-- 7,a7 publish a commodity jurisdiction determination referred to in paragraph 7#a7 on the ,internet website of the ,department of ,state not later than #cj days after the date of the determination1 which includes-- 7i7 the name of the manufacturer of the item2 7ii7 a brief general description of the item2 7iii7 the model or part number of the item2 and 7iv7 the designation under which the item has been designated1 except that-- 7,i7 the name of the person or business organization that sought the commodity jurisdiction determination shall not be published if the person or business organization is not the manufacturer of the item2 and 7,,ii7 the names of the customers1 the price of the item1 and any proprietary information relating to the item indicated by the person or business organization that sought the commodity jurisdiction determination shall not be published2 and 7,b7 maintain on the ,internet website of the ,department of ,state an archive1 that is accessible to the general public and other departments and agencies of the ,united ,states1 of the information published under subparagraph 7,a74 7g7 ,rule of construction ,nothing in this section shall be construed to prohibit the ,president from undertaking a thorough review of the national security and foreign policy implications of a proposed export of items on the ,united ,states ,munitions ,list4 #ddjf4 ,availability of information on the status of license applications 7a7 ,in general ,the ,secretary shall make available to persons who have pending license applications under this chapter and the appropriate congressional committees the ability to access electronically current information on the status of each license application required to be submitted under this chapter4 7b7 ,matters ,to be included ,the information referred to in subsection 7a7 shall be limited to the following3 7#a7 ,the case number of the license application4 7#b7 ,the date on which the license application is received by the ,department of ,state and becomes an open application4 7#c7 ,the date on which the ,directorate of ,defense ,trade ,controls makes a determination with respect to the license application or transmits it for interagency review1 if required4 7#d7 ,the date on which the interagency review process for the license application is completed1 if such a review process is required4 7#e7 ,the date on which the ,department of ,state begins consultations with the appropriate congressional committees with respect to the license application4 7#f7 ,the date on which the license application is sent to the appropriate congressional committees4 #ddjg4 ,requirement to ensure adequate staff and resources for the ,directorate of ,defense ,trade ,controls of the ,department of ,state 7a7 ,requirement ,the ,secretary shall ensure that there are the necessary staff and resources to carry out this subtitle4 7b7 ,minimum number of licensing officers ,the ,secretary should ensure that there is at least #a licensing officer for every #a1bej applications for licenses and other authorizations to export items on the ,united ,states ,munitions ,list or successor list4 7c7 ,minimum number of staff for commodity jurisdiction determinations ,the ,secretary shall ensure that the ,directorate of ,defense ,trade ,controls has1 to the extent practicable1 not less than three individuals assigned to review applications for commodity jurisdiction determinations4 #ddjh4 ,overseas management of assistance and sales programs 7a7 ,in general ,in order to carry out the ,president's responsibilities for the management of international security assistance programs conducted under this title1 the ,president may assign members of the ,united ,states ,armed ,forces1 personnel of the ,department of ,defense1 the ,department of ,state1 or any other ,federal agency1 to a foreign country to perform one or more of the following functions3 7#a7 ,equipment and services case management4 7#b7 ,training management4 7#c7 ,program monitoring4 7#d7 ,evaluation and planning of the host government's military capabilities and requirements4 7#e7 ,administrative support4 7#f7 ,promoting rationalization1 standardization1 interoperability1 and other defense cooperation measures4 7#g7 ,liaison functions exclusive of advisory and training assistance4 7b7 ,advisory and training assistance ,advisory and training assistance conducted by military personnel assigned under this section shall be kept to an absolute minimum4 ,it is the sense of ,congress that advisory and training assistance conducted in countries to which military personnel are assigned under this section should be provided primarily by other personnel who are not assigned under this section and who are detailed for limited periods to perform specific tasks4 7c7 ,limitation on number of ,united ,states ,armed ,forces members 7#a7 ,limitation 7,a7 ,in general ,except as provided in subparagraph 7,c71 the number of members of the ,united ,states ,armed ,forces assigned to a foreign country under this section in a fiscal year may not exceed #ab unless specifically authorized by ,congress4 7,b7 ,waiver ,the ,president may waive the limitation in subparagraph 7,a7 with respect to the number of members of the ,united ,states ,armed ,forces assigned to a foreign country if the ,president determines and reports to the appropriate congressional committees #cj days prior to the introduction of the additional members of the ,united ,states ,armed ,forces in the foreign country1 that ,united ,states national interests require that more than #ab members of the ,united ,states ,armed ,forces be assigned under this section to carry out international security assistance programs in the foreign country4 7,c7 ,exempted countries ,the limitation in subparagraph 7,a7 shall not apply with respect to ,pakistan1 ,tunisia1 ,el ,salvador1 ,honduras1 ,israel1 ,colombia1 ,indonesia1 the ,republic of ,korea1 the ,philippines1 ,thailand1 ,egypt1 ,jordan1 ,morocco1 ,saudi ,arabia1 ,greece1 ,portugal1 ,spain1 and ,turkey4 7#b7 ,congressional budget justification ,the total number of members of the ,united ,states ,armed ,forces assigned to a foreign country under this section in a fiscal year may not exceed the number justified to ,congress for that country in the congressional budget justification documents for that fiscal year1 unless the appropriate congressional committees are notified #cj days in advance of the introduction of the additional members of the ,united ,states ,armed ,forces4 7d7 ,costs ,the entire costs 7excluding salaries of members of the ,united ,states ,armed ,forces 7other than the ,coast ,guard77 of overseas management of international security assistance programs under this section shall be charged to or reimbursed from funds made available to carry out this chapter1 other than any such costs which are either paid directly for such defense services under section #dcaa or reimbursed from charges for services collected from foreign governments pursuant to section #dcaa and section #ddjb4 7e7 ,supervision of chief of diplomatic mission ,members of the ,united ,states ,armed ,forces assigned to a foreign country under this section shall serve under the direction and supervision of the ,chief of the ,united ,states ,diplomatic ,mission to that country4 7f7 ,guidance regarding purchases ,the ,president shall continue to instruct ,united ,states diplomatic and military personnel in ,united ,states missions that such personnel should not encourage1 promote1 or influence the purchase by any foreign country of ,united ,states-made military equipment1 unless such personnel are specifically instructed to do so by an appropriate official of the executive branch4 #ddji4 ,designation of major ,united ,states allies 7a7 ,notice to ,congress ,the ,president shall notify ,congress in writing at least #cj days before-- 7#a7 designating a country as a major ,united ,states ally for purposes of this ,act2 or 7#b7 terminating such a designation4 7b7 ,initial designations ,egypt1 ,argentina1 ,pakistan1 ,bahrain1 the ,philippines1 ,jordan1 ,thailand1 ,kuwait1 and ,morocco shall be deemed to have been so designated by the ,president as of the date of the enactment of this ,act1 and the ,president is not required to notify ,congress of such designation of those countries4 #ddaj4 ,depleted uranium ammunition 7a7 ,prohibition ,except as provided in subsection 7b71 none of the funds made available to carry out this ,act or any other ,act may be made available to facilitate in any way the sale of ,m#hcc or ,m#ijj antitank shells or any comparable antitank shells containing a depleted uranium penetrating component to any country other than a country that is a strategic ,united ,states ally4 7b7 ,exception ,the prohibition in subsection 7a7 shall not apply with respect to the use of funds to facilitate the sale of antitank shells to a country if the ,president determines that to do so is in the national security interest of the ,united ,states4 #ddaa4 ,definitions ,in this title3 7#a7 ,appropriate congressional committees ,the term appropriate congressional committees means-- 7,a7 the ,committee on ,foreign ,affairs and the ,committee on ,appropriations of the ,house of ,representatives2 and 7,b7 the ,committee on ,foreign ,relations and the ,committee on ,appropriations of the ,senate4 7#b7 ,cash flow financing ,the term cash flow financing means the dollar amount of the difference between the total estimated price of a ,letter of ,offer and ,acceptance or other purchase agreement that has been approved for financing under this title and the amount of the financing that has been approved therefor4 7#c7 ,category ,i space launch vehicle system ,the term 8,category ,i space launch vehicle system0 means a category ,i system as defined in the ,,mtcr ,annex for the launching of payloads into outer space1 as well as the specially designed production facilities for these systems4 7#d7 ,defense article 7,a7 ,in general ,the term defense article-- 7i7 includes-- 7,i7 any weapon1 weapons system1 munition1 aircraft1 vessel1 boat1 or other implement of war and related technical data2 7,,ii7 any property1 installation1 commodity1 material1 equipment1 supply1 or goods used for the purposes of making military sales2 7,,iii7 any machinery1 facility1 tool1 material1 supply1 or other item necessary for the manufacture1 production1 processing1 repair1 servicing1 storage1 construction1 transportation1 operation1 or use of any article listed in this paragraph2 and 7,,iv7 any significant component or part of any article listed in this paragraph that has been specifically designed or significantly modified for a military application2 but 7ii7 does not include-- 7,i7 merchant vessels2 or 7,,ii7 source material 7except uranium depleted in the isotope #bce which is incorporated in defense articles solely to take advantage of high density or pyrophoric characteristics unrelated to radioactivity71 byproduct material1 special nuclear material1 production facilities1 utilization facilities1 or atomic weapons or articles involving ,restricted ,data1 as defined by the ,atomic ,energy ,act of #aied4 7,b7 ,additional terms ,in subparagraph 7,a77i77,,iv7-- 7i7 the term significant component or part means a component or part that is essential to a military function2 and 7ii7 the term significantly modified means a modification that constitutes an alteration of #be percent or greater of the component or part from a non-military version4 7#e7 ,defense service 7,a7 ,in general ,the term defense service-- 7i7 includes any service1 test1 inspection1 repair1 training1 publication1 technical or other assistance1 or defense information used for the purposes of making military sales2 but 7ii7 does not include design and construction services under section #dcaa4 7,b7 ,additional term ,in subparagraph 7,a77i71 the term defense information includes any document1 writing1 sketch1 photograph1 plan1 model1 specification1 design1 prototype1 or other recorded or oral information relating to any defense article or defense service1 but does not include ,restricted ,data as defined by the ,atomic ,energy ,act of #aied and data removed from the ,restricted ,data category under section #adb;d of that ,act4 7#f7 ,design and construction services ,the term design and construction services means1 with respect to sales under section #dbea1 the design and construction of real property facilities1 including necessary construction equipment and materials1 engineering services1 construction contract management services relating thereto1 and technical advisory assistance in the operation and maintenance of real property facilities provided or performed by the ,department of ,defense or by a contractor pursuant to a contract with such department or agency4 7#g7 ,end item ,the term end item means an assembled article that is ready for its intended use and for which only ammunition1 fuel1 or another energy source is required to place the item in its operating state4 7#h7 ,excess defense article ,the term excess defense article means defense articles 7other than construction equipment1 including tractors1 scrapers1 loaders1 graders1 bulldozers1 dump trucks1 generators1 and compressors7 owned by the ,united ,states ,government1 and not procured in anticipation of security assistance or sales requirements1 or pursuant to a security assistance or sales order1 which is in excess of the ,approved ,force ,acquisition ,objective and ,approved ,force ,retention ,stock of all ,department of ,defense ,components at the time such articles are dropped from inventory by the supplying agency for delivery to countries or international organizations under this ,act4 7#i7 ,incentive payments ,the term incentive payments means direct monetary compensation made by a ,united ,states supplier of defense articles or defense services or by any employee1 agent1 or subcontractor thereof to any other ,united ,states person to induce or persuade that ,united ,states person to purchase or acquire goods or services produced1 manufactured1 grown1 or extracted1 in whole or in part1 in the foreign country which is purchasing those defense articles or defense services from the ,united ,states supplier4 7#aj7 ,major defense equipment ,the term major defense equipment means any item of significant military equipment on the ,united ,states ,munitions ,list having a nonrecurring research and development cost of more than #ej1jjj1jjj or a total production cost of more than #bjj1jjj1jjj4 7#aa7 ,major ,united ,states ally ,the term major ,united ,states ally means a country that is designated in accordance with section #ddji as a major ,united ,states ally for purposes of this ,act4 7#ab7 ,,nato_/,,shape project ,the term ,,nato_/,,shape project means a common-funded project supported by allocated credits from ,north ,atlantic ,treaty ,organization bodies or by host nations with ,,nato ,infrastructure funds4 7#ac7 ,nuclear explosive device ,the term nuclear explosive device has the meaning given that term in section #hcj7d7 of the ,nuclear ,proliferation ,prevention ,act of #aiid4 7#ad7 ,offset agreement ,the term offset agreement means an agreement1 arrangement1 or understanding between a ,united ,states supplier of defense articles or defense services and a foreign country under which the supplier agrees to purchase or acquire1 or to promote the purchase or acquisition by other ,united ,states persons of1 goods or services produced1 manufactured1 grown1 or extracted1 in whole or in part1 in that foreign country in consideration for the purchase by the foreign country of defense articles or defense services from the supplier4 7#ae7 ,security assistance survey ,the term security assistance survey means any survey or study conducted in a foreign country by ,united ,states ,government personnel for the purpose of assessing the needs of that country for security assistance1 and includes defense requirement surveys1 site surveys1 general surveys or studies1 and engineering assessment surveys4 7#af7 ,significant military equipment ,the term significant military equipment means articles-- 7,a7 for which special export controls are warranted because of the capacity of such articles for substantial military utility or capability2 and 7,b7 identified on the ,united ,states ,munitions ,list4 7#ag7 ,small arm or light weapon ,the term small arm or light weapon means-- 7,a7 an item listed in ,category ,i7a7 of the ,united ,states ,munitions ,list1 7,b7 an item listed in ,category ,,iii 7as it applies to ,category ,i7a77 of the ,united ,states ,munitions ,list1 or 7,c7 a grenade listed in ,category ,,iv7a7 of the ,united ,states ,munitions ,list1 that requires a license for international export under this title4 7#ah7 ,strategic ,united ,states ally ,the term strategic ,united ,states ally means any member country of the ,north ,atlantic ,treaty ,organization 7,,nato71 ,australia1 ,israel1 ,japan1 the ,republic of ,korea1 or ,new ,zealand4 7#ai7 ,training ,the term training includes formal or informal instruction of foreign students in the ,united ,states or overseas by officers or employees of the ,united ,states1 contract technicians1 or contractors 7including instruction at civilian institutions71 or by correspondence courses1 technical1 educational1 or information publications and media of all kinds1 training aid1 orientation1 training exercise1 and military advice to foreign military units and forces4 7#bj7 ,united ,states ,the term ,united ,states1 when used geographically1 means the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 and any territory or possession of the ,united ,states4 7#ba7 ,value ,the term value means1 in the case of an excess defense article1 except as otherwise provided in section #dcaa7;a71 not less than the greater of-- 7,a7 the gross cost incurred by the ,united ,states ,government in repairing1 rehabilitating1 or modifying such article1 plus the scrap value2 or 7,b7 the market value1 if ascertainable4 7#bb7 ,weapon system partnership agreement ,the term weapon system partnership agreement means an agreement between two or more member countries of the ,maintenance and ,supply ,agency of the ,north ,atlantic ,treaty ,organization that-- 7,a7 is entered into pursuant to the terms of the ,charter of the ,north ,atlantic ,treaty ,organization2 and 7,b7 is for the common logistic support of a specific weapon system common to the participating countries4 7#bc7 ,weapons of mass destruction ,the term weapons of mass destruction has the meaning given such term in section #adjc7a7 of the ,defense ,against ,weapons of ,mass ,destruction ,act of #aiif 7title ,,xiv of ,public ,law #ajd-bja2 #aaj ,stat4 #bgag2 #ej ,u4,s4,c4 #bcjb7a774 ,v ,countering ,transnational ,threats ,a ,nonproliferation authorities #a ,nuclear nonproliferation #eaaa4 ,authorization of assistance to prohibit the proliferation of nuclear1 chemical1 and biological weapons 7a7 ,authorization of assistance ,the ,president is authorized to provide1 on such terms and conditions as the ,president may determine1 foreign assistance to any country or organization in order to carry out the purposes described in subsection 7b74 7b7 ,purposes ,the purposes of assistance under this section are to prohibit the proliferation of nuclear1 chemical1 and biological weapons and the means to deliver such weapons1 through support of activities designed-- 7#a7 to enhance the nonproliferation capabilities of a country or organization by providing training and equipment to detect1 deter1 monitor1 interdict1 and counter proliferation2 7#b7 to strengthen the bilateral ties of the ,united ,states with a country or organization by offering assistance in this area of vital national security interest2 7#c7 to accomplish the activities and objectives set forth in sections #ejc and #ejd of the ,,freedom ,support ,act 7#bb ,u4,s4,c4 #ehec and #ehed71 without regard to the limitation of those sections to the independent states of the former ,soviet ,union2 and 7#d7 to promote multilateral activities1 including cooperation with international organizations1 relating to nonproliferation4 7c7 ,activities supported ,assistance under this section may include training services and the provision of funds1 equipment1 and other commodities related to the detection1 deterrence1 monitoring1 interdiction1 and prevention or countering of proliferation1 the establishment of effective nonproliferation laws and regulations1 and the apprehension of those individuals involved in acts of proliferation of such weapons4 #eaab4 ,education and training to enhance nonproliferation and export control capabilities 7a7 ,in general ,the ,secretary is authorized to provide education and training to appropriate military and civilian personnel of foreign countries for the purpose of enhancing the nonproliferation and export control capabilities of such personnel through their attendance in special courses of instruction conducted by the ,united ,states4 ,such education and training may be provided on such terms and conditions as the ,secretary may determine and consistent with this subtitle but whenever feasible on a reimbursable basis4 7b7 ,administration of courses ,the ,secretary shall have overall responsibility for the development and conduct of international nonproliferation education and training programs under this section1 and may utilize other ,federal agencies1 as appropriate1 to recommend personnel for the education and training programs and to administer specific courses of instruction4 7c7 ,purposes ,education and training activities conducted under this section shall be-- 7#a7 of a technical nature1 emphasizing techniques for detecting1 deterring1 monitoring1 interdicting1 and countering proliferation2 7#b7 designed to encourage effective and mutually beneficial relations and increased understanding between the ,united ,states and other countries2 and 7#c7 designed to improve the ability of other countries to utilize their resources with maximum effectiveness1 thereby contributing to greater self-reliance by such countries4 7d7 ,priority to certain countries ,in selecting personnel for education and training programs under this section1 priority should be given to personnel from countries determined by the ,secretary to be countries frequently transited by proliferation-related shipments of cargo4 #eaac4 ,opposition of withdrawal from ,treaty on the ,non-,proliferation of ,nuclear ,weapons 7a7 ,statement of policy ,it is the policy of the ,united ,states to oppose the withdrawal of any country that is a party to the ,treaty on the ,non-,proliferation of ,nuclear ,weapons 7hereinafter in this section referred to as the ,treaty7 and to use all political1 economic1 and diplomatic means at its disposal to deter1 prevent1 and sanction any such withdrawal from the ,treaty4 7b7 ,limitation on assistance 7#a7 ,in general ,notwithstanding any other provision of law1 no foreign assistance 7other than humanitarian assistance7 under any provision of law may be provided to a country that has withdrawn from the ,treaty4 7#b7 ,waiver ,the ,president may waive the requirements of paragraph 7#a7 on a case-by-case basis if the ,president determines and notifies the appropriate congressional committees that such waiver is in the vital national security interest of the ,united ,states4 7c7 ,return of all ,united ,states-,origin materials and equipment ,the ,united ,states shall seek the return of any material1 equipment or components transferred under an ,agreement for ,civil ,nuclear ,cooperation that is in force pursuant to the authority of section #abc of the ,atomic ,energy ,act of #aied on or after the date of the enactment of this ,act1 and any special fissionable material produced through the use of such material1 equipment or components1 previously provided to a country that withdraws from the ,treaty4 #eaad4 ,matters relating to ,international ,atomic ,energy ,agency 7a7 ,payment of ,united ,states dues ,not later than ,january #ca1 #bjad1 and ,january #ca of each succeeding year1 the ,united ,states shall pay its full assessed contribution to the regular operating budget of the ,international ,atomic ,energy ,agency 7,,iaea74 7b7 ,additional ,protocol as a criterion for ,united ,states assistance 7#a7 ,statement of policy ,it is the policy of the ,united ,states to ensure that each country that is a party to the ,treaty on the ,non-,proliferation of ,nuclear ,weapons should bring into force an ,additional ,protocol to its safeguards agreement with the ,,iaea4 7#b7 ,criterion for assistance ,the ,united ,states shall1 when considering the provision of assistance under this ,act1 take into consideration whether the proposed recipient has in force an ,additional ,protocol to its safeguards agreement with the ,,iaea4 #eaae4 ,arms ,control and ,nonproliferation ,scholarship ,program 7a7 ,establishment 7#a7 ,in general ,the ,secretary shall establish a scholarship program 7to be known as the ,arms ,control and ,nonproliferation ,scholarship ,program7 to award scholarships for the purpose of recruiting and preparing students for civilian careers in the fields of nonproliferation1 arms control1 and international security to meet the critical needs of the ,department of ,state4 7#b7 ,selection of recipients 7,a7 ,merit and department needs ,individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit and the arms control and nonproliferation needs of the ,department of ,state4 7,b7 ,demonstrated commitment ,individuals selected under this section shall have a demonstrated interest in public service and a commitment to the field of study for which the scholarship is awarded4 7#c7 ,contractual agreements ,in order to carry out the scholarship program1 the ,secretary shall enter into contractual agreements with individuals selected under paragraph 7#b7 pursuant to which such individuals agree to serve as full-time employees of the ,department of ,state following achievement of the specified degree1 for a period to be determined by the ,secretary1 not to exceed #f years1 in arms control and nonproliferation positions needed by the ,department of ,state and for which the individuals are qualified1 in exchange for receiving a scholarship4 7b7 ,eligibility ,except as provided in subsection 7f71 in order to be eligible to participate in the scholarship program1 an individual shall-- 7#a7 be enrolled or accepted for enrollment as a full-time student at an institution of higher education and be pursuing or intend to pursue an undergraduate or graduate education degree in an academic field or discipline specified in the list made available under subsection 7d72 and 7#b7 be a ,united ,states citizen4 7c7 ,application ,an individual seeking a scholarship under this section shall submit to the ,secretary an application at such time1 in such manner1 and containing such information1 agreements1 or assurances as the ,secretary may require4 7d7 ,programs and fields of study ,the ,secretary shall make publicly available a list of academic programs and fields of study for which scholarships under this section may be awarded4 7e7 ,scholarships 7#a7 ,in general ,the ,secretary may award a scholarship under this section for an academic year if the individual applying for the scholarship has submitted to the ,secretary1 as part of the application required under subsection 7c71 a proposed academic program leading to a degree in a program or field of study specified on the list made available under subsection 7d74 7#b7 ,limitation on years ,an individual may not receive a scholarship under this section for more than #d academic years1 unless the ,secretary grants a waiver4 7#c7 ,student responsibilities ,a scholarship recipient shall maintain satisfactory academic progress for purposes of continued participation in the scholarship program4 7#d7 ,amount ,the dollar amount of a scholarship awarded under this section for an academic year shall be determined under regulations issued by the ,secretary1 but shall in no case exceed the cost of tuition1 fees1 and other authorized expenses as determined by the ,secretary4 7#e7 ,use of scholarships ,a scholarship awarded under this section may be expended for tuition1 fees1 and other authorized expenses as established by the ,secretary by regulation4 7#f7 ,payment to institution of higher education ,the ,secretary may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition1 fees1 and other authorized expenses are paid directly to the institution with respect to which such scholarship is awarded4 7f7 ,special consideration for current employees ,notwithstanding subsection 7b71 up to #e percent of the scholarships awarded under this section may be set aside for individuals who are ,federal employees on the date of the enactment of this ,act to enhance the education of such employees in areas of critical arms control or nonproliferation needs of the ,department of ,state1 for undergraduate or graduate education through enrollment in a graduate degree program under the scholarship on a full-time or part-time basis4 7g7 ,repayment 7#a7 ,in general ,a scholarship recipient who fails to maintain a high level of academic standing1 as defined by the ,secretary who is dismissed for disciplinary reasons from the educational institution such recipient is attending1 or who voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded shall be in breach of the contractual agreement under subsection 7a77#c7 and1 in lieu of any service obligation arising under such agreement1 shall be liable to the ,united ,states for repayment within #a year after the date of such default of all scholarship funds paid to such recipient and to the institution of higher education on the behalf of such recipient under such agreement4 ,the repayment period may be extended by the ,secretary if the ,secretary determines such extension to be necessary1 as established by regulation4 7#b7 ,liability ,a scholarship recipient who1 for any reason1 fails to begin or complete the service obligation under the contractual agreement under subsection 7a77#c7 after completion of academic training1 or fails to comply with the terms and conditions of deferment established by the ,secretary under paragraph 7#a71 shall be in breach of such contractual agreement and shall be liable to the ,united ,states for an amount equal to-- 7,a7 the total amount of the scholarship received by such recipient under this section2 and 7,b7 the total amount of interest that would have been payable under a direct unsubsidized loan issued through the ,department of ,education's ,direct ,loan ,program4 7h7 ,regulations ,the ,secretary shall prescribe regulations necessary to carry out this section4 7i7 ,conversion ,the ,secretary is authorized to convert the status of a scholarship recipient to a member of the ,foreign ,service1 as defined in section #ajc of the ,foreign ,service ,act of #aihj1 following the successful completion of the period of service described in subsection 7a77#c74 #eaaf4 ,arms ,control and ,nonproliferation ,rotation ,program 7a7 ,establishment ,the ,secretary1 in consultation with the heads of other relevant ,federal agencies1 shall establish the ,arms ,control and ,nonproliferation ,rotation ,program 7in this section referred to as the ,rotation ,program7 for personnel of such agencies4 ,the ,rotation ,program shall use applicable best practices1 including those prescribed by the ,chief ,human ,capital ,officers ,council4 ,personnel of a relevant ,federal agency participating in the ,rotation ,program may be detailed to any other relevant ,federal agency on a nonreimbursable basis4 7b7 ,goals ,the ,rotation ,program shall-- 7#a7 be established in accordance with the human capital strategic plan of the ,department of ,state2 7#b7 provide midlevel personnel of relevant ,federal agencies the opportunity to broaden their knowledge through exposure to other relevant ,federal agencies1 including to other bureaus and offices of the ,department of ,state2 7#c7 expand the knowledge base of the ,department of ,state and other relevant ,federal agencies2 7#d7 build professional relationships and contacts among employees of relevant ,federal agencies2 7#e7 invigorate the ,department of ,state's arms control and nonproliferation workforce with professionally rewarding opportunities2 and 7#f7 incorporate human capital strategic plans and activities of the ,department of ,state1 and address critical human capital deficiencies1 professional development1 recruitment and retention efforts1 and succession planning within the ,department of ,state4 7c7 ,responsibilities ,the ,secretary shall-- 7#a7 provide oversight of the establishment and implementation of the ,rotation ,program2 7#b7 establish a framework that supports the goals of the ,rotation ,program and promotes cross disciplinary rotational opportunities2 7#c7 establish eligibility for personnel of other relevant agencies to participate in the ,rotation ,program and select participants from among the applicants2 7#d7 establish incentives for personnel to participate in the ,rotation ,program1 including through promotions and employment preferences2 7#e7 ensure that the ,rotation ,program provides professional education and training2 7#f7 ensure that the ,rotation ,program develops qualified employees and future leaders with broad based experience throughout the ,department of ,state2 and 7#g7 provide for greater interaction among employees of relevant ,federal agencies4 7d7 ,allowances1 privileges1 and benefits ,all allowances1 privileges1 rights1 seniority1 and other benefits of personnel participating in the ,rotation ,program shall be preserved4 7e7 ,reporting ,not later than #a year after the date of the establishment of the ,rotation ,program1 the ,secretary shall submit to the appropriate congressional committees and the ,committee on ,armed ,services of the ,house of ,representatives and the ,committee on ,armed ,services of the ,senate a report on the status of the ,rotation ,program1 including a description of the ,rotation ,program1 the number of individuals participating1 and how the ,rotation ,program is used in succession planning and leadership development4 7f7 ,definition ,for the purposes of this section1 the term relevant ,federal agency means the ,department of ,state and any other ,federal agency that is involved in ,united ,states arms control and nonproliferation activities4 #b ,missile nonproliferation #eaba4 ,licensing 7a7 ,establishment of list of controlled items ,the ,secretary1 in consultation with the ,secretary of ,defense and the heads of other appropriate ,federal agencies1 shall establish and maintain1 as part of the ,united ,states ,munitions ,list1 a list of all items on the ,missile ,technology ,control ,regime 7,,mtcr7 ,annex the export of which is not controlled under section #f7l7 of the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act74 7b7 ,referral of license applications 7#a7 ,in general ,a determination of the ,secretary to approve a license for the export of an item on the list established under subsection 7a7 may be made only after the license application is referred to the ,secretary of ,defense4 7#b7 ,coordination ,not later than #aj days after a license is issued for the export of an item on the list established under subsection 7a71 the ,secretary shall provide to the ,secretary of ,defense and the ,secretary of ,commerce the license application and accompanying documents issued to the applicant1 to the extent that the relevant ,secretary indicates the need to receive such application and documents4 7c7 ,information sharing ,the ,secretary shall establish a procedure for sharing information with appropriate officials of the intelligence community1 as determined by the ,director of ,national ,intelligence1 and with other appropriate ,federal departments and agencies1 that will ensure effective monitoring of transfers of ,,mtcr equipment or technology and other missile technology4 7d7 ,exports to space launch vehicle programs ,not later than #ae days after the issuance of a license 7including any brokering license7 for the export of items valued at less than #ej1jjj1jjj that are controlled under this ,act pursuant to ,united ,states obligations under the ,,mtcr and are goods or services that are intended to support the design1 utilization1 development1 or production of a space launch vehicle system listed in ,category ,i of the ,,mtcr ,annex1 the ,secretary shall transmit to the ,congress a report describing the licensed export and rationale for approving such export1 including the consistency of such export with ,united ,states missile nonproliferation policy4 ,the requirement contained in the preceding sentence shall not apply to licenses for exports to countries that were members of the ,,mtcr as of ,april #ag1 #aihg4 #eabb4 ,denial of the transfer of missile equipment or technology by ,united ,states persons 7a7 ,sanctions 7#a7 ,in general ,if the ,president determines that a ,united ,states person knowingly-- 7,a7 exports1 transfers1 or otherwise engages in the trade of any item on the ,,mtcr ,annex1 in violation of the provisions of section #dcaa of this ,act1 section #e or #f of the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act71 or any regulations or orders issued under any such provisions of law1 7,b7 conspires to or attempts to engage in such export1 transfer1 or trade1 or 7,c7 facilitates such export1 transfer1 or trade by any other person1 then the ,president shall impose the applicable sanctions described in paragraph 7#b74 7#b7 ,applicable sanctions ,the sanctions which apply to a ,united ,states person under paragraph 7#a7 are the following3 7,a7 ,if the item on the ,,mtcr ,annex involved in the export1 transfer1 or trade is missile equipment or technology within category ,,ii of the ,,mtcr ,annex1 then the ,president shall deny to such ,united ,states person for a period of #b years-- 7i7 ,united ,states ,government contracts relating to missile equipment or technology2 and 7ii7 licenses for the transfer of missile equipment or technology controlled under this ,act4 7,b7 ,if the item on the ,,mtcr ,annex involved in the export1 transfer1 or trade is missile equipment or technology within category ,i of the ,,mtcr ,annex1 then the ,president shall deny to such ,united ,states person for a period of not less than #b years-- 7i7 all ,united ,states ,government contracts1 and 7ii7 all export licenses and agreements for items on the ,united ,states ,munitions ,list4 7b7 ,discretionary sanctions ,in the case of any determination made pursuant to subsection 7a71 the ,president may pursue any penalty provided in section #dcgb4 7c7 ,presumption ,in determining whether to apply sanctions under subsection 7a7 to a ,united ,states person involved in the export1 transfer1 or trade of an item on the ,,mtcr ,annex1 it should be a rebuttable presumption that such item is designed for use in a missile listed in the ,,mtcr ,annex if the ,president determines that the final destination of the item is a country the government of which the ,secretary has determined1 for purposes of #f7;j77#a77;,a7 of the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act71 has repeatedly provided support for acts of international terrorism 7as such term is defined in section #idja7;h774 7d7 ,waiver ,the ,president may waive the imposition of sanctions under subsection 7a7 with respect to a product or service if the ,president certifies to ,congress that-- 7#a7 the product or service is essential to the national security of the ,united ,states2 and 7#b7 such person is a sole source supplier of the product or service1 the product or service is not available from any alternative reliable supplier1 and the need for the product or service cannot be met in a timely manner by improved manufacturing processes or technological developments4 #eabc4 ,transfers of missile equipment or technology by foreign persons ,notwithstanding section #aabja7b71 section #gc of the ,arms ,export ,control ,act shall not be repealed and shall remain in effect as on the day before the date of the enactment of this ,act4 #eabd4 ,notification of admittance of ,,mtcr adherents 7a7 ,policy report ,following any action by the ,united ,states that results in a country becoming a ,,mtcr adherent1 the ,president shall transmit promptly to the ,congress a report which describes the rationale for such action1 together with an assessment of that country's nonproliferation policies1 practices1 and commitments4 ,such report shall also include the text of any agreements or understandings between the ,united ,states and such country regarding the terms and conditions of the country's adherence to the ,,mtcr4 7b7 ,intelligence assessment report ,at such times that a report is transmitted pursuant to subsection 7a71 the ,director of ,national ,intelligence shall promptly prepare and submit to ,congress a separate report containing any credible information indicating that the country described in subsection 7a7 has engaged in any activity identified under subparagraph 7,a71 7,b71 or 7,c7 of section #eabc7;a77#a7 within the previous two years4 #eabe4 ,authority relating to ,,mtcr adherents ,notwithstanding section #eabc7;b71 the ,president may take the actions under section #eabc7;a77#b7 under the circumstances described in section #eabf7;b77#b74 #eabf4 ,definitions 7a7 ,in general ,in this chapter-- 7#a7 the term missile means a category ,i system as defined in the ,,mtcr ,annex1 and any other unmanned delivery system of similar capability1 as well as the specially designed production facilities for these systems2 7#b7 the term ,missile ,technology ,control ,regime or ,,mtcr means the policy statement1 between the ,united ,states1 the ,united ,kingdom1 the ,federal ,republic of ,germany1 ,france1 ,italy1 ,canada1 and ,japan1 announced on ,april #af1 #aihg1 to restrict sensitive missile-relevant transfers based on the ,,mtcr ,annex1 and any amendments thereto2 7#c7 the term ,,mtcr adherent means a country that participates in the ,,mtcr or that1 pursuant to an international understanding to which the ,united ,states is a party1 controls ,,mtcr equipment or technology in accordance with the criteria and standards set forth in the ,,mtcr2 7#d7 the term ,,mtcr ,annex means the ,guidelines and ,equipment and ,technology ,annex of the ,,mtcr1 and any amendments thereto2 7#e7 the terms missile equipment or technology and ,,mtcr equipment or technology mean those items listed in category ,i or category ,,ii of the ,,mtcr ,annex2 7#f7 the term ,united ,states person has the meaning given that term in section #af7b7 of the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act72 7#g7 the term foreign person means any person other than a ,united ,states person2 7#h7 the term person-- 7,a7 means a natural person as well as a corporation1 business association1 partnership1 society1 trust1 any other nongovernmental entity1 organization1 or group1 and any governmental entity operating as a business enterprise1 and any successor of any such entity2 and 7,b7 in the case of a country with a non-market economy 7excluding former members of the ,warsaw ,pact71 includes-- 7i7 all activities of that government relating to the development or production of any missile equipment or technology2 and 7ii7 all activities of that government affecting the development or production of electronics1 space systems or equipment1 and military aircraft2 and 7#i7 the term otherwise engaged in the trade of means1 with respect to a particular export or transfer1 to be a freight forwarder or designated exporting agent1 or a consignee or end user of the item to be exported or transferred4 7b7 ,international understanding defined ,for purposes of subsection 7a77#c71 as it relates to any international understanding concluded with the ,united ,states after ,january #a1 #bjjj1 the term international understanding means-- 7#a7 any specific agreement by a country not to export1 transfer1 or otherwise engage in the trade of any ,,mtcr equipment or technology that contributes to the acquisition1 design1 development1 or production of missiles in a country that is not an ,,mtcr adherent and would be1 if it were ,united ,states-origin equipment or technology1 subject to the jurisdiction of the ,united ,states under this ,act2 or 7#b7 any specific understanding by a country that1 notwithstanding section #eabc7;b71 the ,united ,states retains the right to take the actions under section #eabc7;a77#b7 in the case of any export or transfer of any ,,mtcr equipment or technology that contributes to the acquisition1 design1 development1 or production of missiles in a country that is not an ,,mtcr adherent and would be1 if it were ,united ,states-origin equipment or technology1 subject to the jurisdiction of the ,united ,states under this ,act4 #c ,chemical and biological nonproliferation #eaca4 ,sanctions against certain foreign persons ,notwithstanding section #aabja7b71 section #ha of the ,arms ,export ,control ,act shall not be repealed and shall remain in effect as on the day before the date of the enactment of this ,act4 ,b ,counter-,narcotics authorities #ebja4 ,findings ,congress finds the following3 7#a7 ,international narcotics trafficking poses a major transnational threat in today's world1 and its suppression is among the most important foreign policy objectives of the ,united ,states4 7#b7 ,international criminal activities1 particularly international narcotics trafficking1 money laundering1 and corruption1 endanger political and economic stability and democratic development1 and assistance for the prevention and suppression of international criminal activities should be a priority for the ,united ,states4 7#c7 ,effective international cooperation is necessary to control the illicit cultivation1 production1 and smuggling of1 trafficking in1 and abuse of narcotic and psychotropic drugs and other controlled substances4 7#d7 ,in order for countries to effectively combat narcotics trafficking and other transnational crimes1 they must have a strong rule of law system1 to include an honest police force1 independent courts1 and effective prisons4 7#e7 ,given the magnitude of ,united ,states counter-narcotics efforts1 as well as its impact and significance on other dimensions of ,united ,states bilateral relations1 it is essential that a process be put into place that allows the periodic1 comprehensive evaluation of these efforts and their foreign policy implications4 #ebjb4 ,statement of policy ,it shall be the policy of the ,united ,states to-- 7#a7 support international narcotics control programs that have1 as priority goals1 the suppression of the illicit manufacture of and trafficking in narcotic and psychotropic drugs and other controlled substances1 money laundering1 and the diversion of precursor chemicals1 and the progressive elimination of the illicit cultivation of the crops from which narcotic and psychotropic drugs and other controlled substances are derived2 7#b7 encourage the international community to provide assistance1 where appropriate1 to those producer and transit countries that require assistance in discharging these primary obligations2 7#c7 use its voice and vote in multilateral development banks to promote the development and implementation in the major illicit drug producing countries of programs for the reduction and eventual eradication of narcotic drugs and other controlled substances1 including appropriate assistance in conjunction with effective programs of illicit crop eradication2 7#d7 ensure that countries adopt comprehensive domestic measures against money laundering and cooperate with each other in money laundering investigations1 prosecutions1 and related forfeiture actions2 and 7#e7 endeavor to develop and promote global1 regional1 sub-regional1 and bilateral cooperation among judicial1 law enforcement and financial regulatory authorities in order to combat money-laundering1 narcotics trafficking1 and other transnational crimes4 #ebjc4 ,goal and objectives 7a7 ,goal ,the goal of foreign assistance under this subtitle is to help relevant countries build the capacity required to combat and reduce narcotics trafficking1 money laundering1 and other transnational crimes4 7b7 ,objectives ,in furtherance of the goal described in subsection 7a71 foreign assistance under this subtitle shall be provided to achieve the following objectives3 7#a7 ,increase the professionalization1 transparency1 and accountability of law enforcement1 judicial and penal personnel in the relevant country4 7#b7 ,improve the ability of law enforcement to prevent crimes1 pursue and apprehend criminals1 and increase security within their country4 7#c7 ,strengthen the capacity of the judicial system to hear and prosecute cases4 #ebjd4 ,general authorities 7a7 ,authorities of the ,president ,the ,president is authorized to conclude agreements1 including reciprocal maritime agreements1 with ,united ,states ,state and local governments and with other countries to facilitate control of the production1 processing1 transportation1 and distribution of narcotic and psychotropic drugs and other controlled substances4 7b7 ,authorities of the ,secretary ,notwithstanding any other provision of law restricting assistance to foreign countries except sections #haja1 #hajb1 and #hdja1 the ,secretary is authorized to provide foreign assistance to any country or international organization1 on such terms and conditions as the ,secretary may determine1 for the control of narcotic and psychotropic drugs and other controlled substances1 or for related anticrime purposes4 7c7 ,coordination of all ,united ,states antinarcotics assistance to foreign countries 7#a7 ,responsibility of ,secretary of ,state ,the ,secretary shall be responsible for coordinating and approving all foreign assistance provided by the ,united ,states ,government to support international efforts to combat crime and illicit narcotics production or trafficking4 7#b7 ,rule of construction ,nothing in paragraph 7#a7 shall be construed to limit or impair the authority or responsibility of any other ,federal agency with respect to law enforcement1 domestic security operations1 or intelligence activities as defined in ,executive ,order ,no4 #abccc4 7d7 ,use of herbicides for aerial eradication 7#a7 ,monitoring ,the ,secretary1 with the assistance of the heads of other appropriate ,federal agencies1 shall monitor any use under this subtitle of a herbicide for aerial eradication in order to determine the impact of such use on the environment and on the health of individuals4 7#b7 ,report upon determination of harm to environment or health ,if the ,secretary determines that any such use is harmful to the environment or the health of individuals1 the ,secretary shall immediately report that determination to the appropriate congressional committees1 together with such recommendations as the ,secretary determines appropriate4 #ebje4 ,authorization of ,bureau of ,international ,narcotics and ,law ,enforcement 7a7 ,establishment ,there is established in the ,department of ,state a ,bureau of ,international ,narcotics and ,law ,enforcement 7in this section referred to as the ,bureau74 7b7 ,head of bureau ,the head of the ,bureau shall be an ,assistant ,secretary of ,international ,narcotics and ,law ,enforcement4 7c7 ,responsibilities ,the ,bureau shall be responsible for supervision 7including policy oversight of resources71 coordinating1 and overseeing programs related to international counternarcotics and law enforcement activities1 including-- 7#a7 strengthening criminal justice systems2 7#b7 countering the flow of illegal narcotics1 including through building interdiction capabilities of partner countries and strengthening law enforcement and judicial authorities2 and 7#c7 minimizing transnational crime #ebjf4 ,use of funds 7a7 ,treatment of funds ,funds transferred to and consolidated with funds appropriated to carry out this subtitle may be made available on such terms and conditions as are applicable to funds appropriated to carry out this subtitle4 ,funds so transferred or consolidated shall be apportioned directly to the bureau within the ,department of ,state responsible for administering this subtitle4 7b7 ,contributions 7#a7 ,in general ,to ensure local commitment to the activities assisted under this subtitle1 a country receiving assistance under this subtitle should contribute an appropriate share of the costs of any narcotics control program1 project1 or activity for which such assistance is to be provided4 ,a country may contribute such costs on an in kind basis4 7#b7 ,acceptance ,the ,secretary is authorized to accept contributions from foreign governments to carry out the purposes of this subtitle4 ,such contributions shall be deposited as an offsetting collection to the applicable appropriation account and may be used under the same terms and conditions as funds appropriated to carry out this subtitle4 7c7 ,administrative ,assistance 7#a7 ,in general ,except as provided in paragraph 7#b71 personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the ,bureau of ,international ,narcotics and ,law ,enforcement4 7#b7 ,limitation ,paragraph 7#a7 shall not apply to the extent that it would result in a reduction in funds available for counter-narcotics and anticrime assistance to foreign countries4 7d7 ,advance notification of transfer of seized assets ,the ,secretary shall notify the appropriate congressional committees at least #aj days prior to any transfer by the ,united ,states ,government to a foreign country for narcotics control purposes of any property or funds seized by or otherwise forfeited to the ,united ,states ,government in connection with narcotics-related activity4 7e7 ,excess property ,for purposes of this subtitle1 the ,secretary may use the authority of section #ajejf1 without regard to the restrictions of such section1 to receive nonlethal excess property from any ,united ,states ,government department or agency for the purpose of providing such property to a foreign government under the same terms and conditions as funds authorized to be appropriated for the purposes of this subtitle4 #ebjg4 ,requirements relating to aircraft and other equipment 7a7 ,retention of title to aircraft 7#a7 ,in general 7,a7 ,lease or loan basis ,except as provided in paragraph 7#b71 any aircraft made available to a foreign country under this chapter1 or made available to a foreign country primarily for narcotics-related purposes under any other provision of law1 shall be provided only on a lease or loan basis4 7,b7 ,effective date ,subparagraph 7,a7 applies to aircraft made available at any time after the enactment of this ,act4 7#b7 ,exceptions 7,a7 ,contrary to national interest ,the ,secretary is authorized to transfer title of aircraft by sale or grant if he or she-- 7i7 determines that the application of paragraph 7#a7 with respect to particular aircraft would be contrary to the national interest of the ,united ,states2 and 7ii7 the ,secretary notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section #hdja4 7,b7 ,forfeiture ,paragraph 7#a7 shall not apply with respect to aircraft made available to a foreign country under any provision of law that authorizes property that has been civilly or criminally forfeited to the ,united ,states to be made available to foreign countries4 7#c7 ,assistance for leasing of aircraft 7,a7 ,in general ,for purposes of satisfying the requirement of paragraph 7#a71 funds made available for the ,foreign ,military ,financing ,program under title ,,iv may be used to finance the leasing of aircraft under that title4 7,b7 ,cost of lease ,section #dcea7;a77#c7 shall not apply with respect to leases so financed1 rather the entire cost of any such lease 7including any renewals7 shall be an initial1 one time payment of the amount which would be the sales price for the aircraft if they were sold under section #dcaa7;a77#b7 or section #dcab 7as appropriate74 7b7 ,permissible uses of aircraft and other equipment 7#a7 ,in general ,the ,secretary shall take all reasonable steps to ensure that aircraft and other equipment made available to foreign countries under this chapter are used only in ways that are consistent with the purposes for which such equipment was made available4 7#b7 ,exception ,paragraph 7#a7 shall not apply to aircraft or other equipment if the ,secretary makes a determination under section #ajejh7;b7 that there is an emergency need which requires the use of the aircraft or other equipment4 7c7 ,reports ,in the reports submitted pursuant to section #ebaa1 the ,secretary shall discuss-- 7#a7 the actions taken by the ,united ,states ,government to prevent misuse of such equipment by that foreign country2 and 7#b7 any credible information indicating misuse by a foreign country of aircraft or other equipment made available under this chapter2 and7#c7 the actions taken by the ,united ,states ,government to prevent future misuse of such equipment by that foreign country4 7d7 ,records of aircraft use 7#a7 ,requirement to maintain records ,the ,president shall maintain detailed records on the use of any aircraft made available to a foreign country under this chapter1 including aircraft made available before the enactment of this section4 7#b7 ,congressional access to records ,the ,president shall make the records maintained pursuant to paragraph 7#a7 available upon request to the appropriate congressional committees4 #ebjh4 ,restrictions 7a7 ,participation in foreign police actions ,participation in foreign police actions under this subtitle shall be subject to the requirements of section #ccjc7;d74 7b7 ,procurement of weapons and ammunition 7#a7 ,prohibition ,except as provided in paragraph 7#b71 funds made available to carry out this subtitle shall not be made available for the procurement of weapons or ammunition4 7#b7 ,exceptions ,paragraph 7#a7 shall not apply with respect to funds for the procurement of-- 7,a7 weapons or ammunition provided only for the defensive arming of aircraft used for narcotics-related purposes2 or 7,b7 firearms and related ammunition provided only for defensive purposes to employees or contract personnel of the ,department of ,state engaged in activities under this subtitle1 if1 at least #ae days before obligating those funds1 the ,president notifies the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section #hdja4 7c7 ,limitations on ,acquisition of ,real ,property and ,construction of ,facilities 7#a7 ,acquisition of real property 7,a7 ,prohibition ,funds made available to carry out this subtitle may not be used to acquire 7by purchase or other means7 any land or other real property for use by foreign military1 paramilitary1 or law enforcement forces4 7,b7 ,exception for certain leases ,subparagraph 7,a7 shall not apply to the acquisition of real property by lease of a duration not to exceed #b years4 7,c7 ,exception for international training academies ,subparagraph 7,a7 shall not apply to the acquisition of land of real property for use as a training facility for judicial1 prosecutorial1 law enforcement1 or regulatory officials4 7#b7 ,construction of facilities 7,a7 ,limitation ,funds made available to carry out this subtitle may not be used for construction of facilities for use by foreign military1 paramilitary1 or law enforcement forces unless1 at least #ae days before obligating funds for such construction1 the ,president notifies the appropriate congressional committees in accordance with procedures applicable to reprogramming notifications under section #hdja4 7,b7 ,exception ,paragraph 7#a7 shall not apply to the construction of facilities which would require the obligation of less than #gej1jjj under this subtitle4 #ebji4 ,international counter-narcotics strategy 7a7 ,strategy required ,not later than #a year after the date of the enactment of this ,act1 and every #d years thereafter1 the ,secretary shall submit to the appropriate congressional committees a comprehensive counter-narcotics strategy4 ,the strategy shall include-- 7#a7 a list of the countries which the ,secretary determines to be-- 7,a7 a major illicit drug-producing country2 7,b7 a major illicit drug-transit country2 7,c7 a major money-laundering country2 or 7,d7 a major source of precursor chemicals2 7#b7 defined objectives for the activities of the ,department of ,state relating to counter-narcotics1 for each region and country it plans to target2 7#c7 a description of how such objectives relate to1 are informed by1 and will be coordinated with those of relevant countries1 as well as with those of other bilateral and multilateral donors2 7#d7 a definition of the respective roles of each ,federal department and agency in carrying out the strategy1 and the mechanisms for coordination2 7#e7 a description of the types of policies and programs needed to achieve such objectives2 7#f7 an analysis of the key opportunities and challenges for achieving favorable results in the next #d-year period2 7#g7 a list of indicators and other measurements of success to be used in assessing impact1 to include the indicators listed in section #ebaj7;a77#f72 7#h7 the amounts devoted to similar purposes in the previous #d-year period1 the results achieved and the lessons learned2 and 7#i7 an estimate of the requirements for human and financial resources and overseas infrastructure to carry out the strategy over the next #d-year period4 7b7 ,implementation ,none of the funds made available under this title may be obligated or expended for any programs1 projects1 or activities to implement a strategy required under subsection 7a7 until at least #ae days after the strategy is transmitted to the appropriate congressional committees pursuant to subsection 7a74 7c7 ,definitions ,in this section-- 7#a7 the term major illicit drug-producing country means a country that illicitly produces during a fiscal year #e metric tons or more of opium or opium derivative1 #ejj metric tons or more of coca1 or #ejj metric tons or more of marijuana2 7#b7 the term major illicit drug-transit country means a country-- 7,a7 that is a significant direct source of illicit narcotic or psychotropic drugs or other controlled substances significantly affecting the ,united ,states2 7,b7 through which are transported such drugs or substances2 or 7,c7 through which significant sums of drug-related profits or monies are laundered with the knowledge or complicity of the government2 7#c7 the term major money-laundering country means a country whose financial institutions engage in currency transactions involving significant amounts of proceeds from international narcotics trafficking2 and 7#d7 the term major source of precursor chemicals means a country that is among the top #e producers or the top #e exporters of a listed chemical under section #ajb7cc7 of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hjb7cc774 #ebaj4 ,international narcotics control assistance report 7a7 ,report ,not later than #a year after the date of the enactment of this ,act1 and annually thereafter1 the ,president shall transmit to the appropriate congressional committees a report on international narcotics control assistance4 ,such report shall1 for each country-- 7#a7 describe the types and amounts of international narcotics control assistance provided or proposed to be provided by each ,federal agency for the preceding fiscal year1 the current fiscal year1 and the next fiscal year2 7#b7 include all transfers that were made by each ,federal agency during the preceding fiscal year for narcotics control or anti-crime purposes of any property seized by or otherwise forfeited to the ,united ,states ,government in connection with narcotics-related activity1 including an estimate of the fair market value and physical condition of each item of property transferred2 7#c7 discuss the extent to which the country is meeting the goals and objectives of the ,united ,nations ,convention ,against ,illicit ,traffic in ,narcotic ,drugs and ,psychotropic ,substances1 and the key areas in which improvements are needed2 7#d7 explain how the strategy described under section #ebji is being implemented2 7#e7 describe any progress made toward achieving the goal and objectives in section #ebjc2 7#f7 identify the indicators and metrics to be used in assessing the impact of international narcotics control assistance1 including the impact of the use of herbicides for aerial eradication on the environment1 the health of individuals1 and internal displacement2 and 7#g7 list any contributions under section #ebjf7;b7 received in the preceding fiscal year1 the amount of such contributions1 and the purposes for which such contributions were used4 7b7 ,definition ,in this section1 the term international narcotics control assistance means foreign assistance provided by any ,federal agency to combat or control the transit1 production1 or financing of illicit narcotics4 #ebaa4 ,narcotics strategy evaluation 7a7 ,in general ,the ,comptroller ,general of the ,united ,states shall conduct an impact evaluation of programs carried out by the ,bureau of ,international ,narcotics and ,law ,enforcement1 using rigorous quantitative data analysis4 ,the evaluation shall measure progress made on the following indicators1 as appropriate3 7#a7 ,supply ,side ,factors1 such as-- 7,a7 estimated illicit drug production2 7,b7 estimated illicit drug transshipment2 7,c7 estimated illicit drug production and transshipment as a percentage of ,,gdp2 7,d7 number of individuals and households estimated to be involved in illicit drug production and transshipment2 7,e7 number and average size of illicit drug-crop cultivation plots2 7,f7 farm-gate price of illicit drug crop2 and 7,g7 in-country price and purity of illicit drug4 7#b7 ,disruption of ,networks1 such as-- 7,a7 drug seizures as a percentage of total estimated drug production and transshipment2 and 7,b7 arrests and convictions of major narcotics-related organized crime figures4 7#c7 ,economic well-being and governance1 such as-- 7,a7 presence of government institutions 7such as security forces1 civilian ministries1 local government1 justice system7 in zones of greatest drug production2 7,b7 perceptions of police competence2 7,c7 number of individuals and households formerly involved in drug production and transshipment who are now benefitting from development and alternative income programs2 7,d7 level of drug-related violence as a percentage of overall violence2 and 7,e7 poverty and unemployment rates in departments1 ,states or provinces with the greatest drug production and transshipment4 7b7 ,submission ,the results of the evaluation required under subsection 7a7 shall be submitted to the appropriate congressional committees not later than #d years after the date of the enactment of this ,act and every #d years thereafter4 ,c ,counter-,terrorism authorities #ecja4 ,purposes ,activities conducted under this subtitle shall be designed to-- 7#a7 build the capacity of foreign law enforcement and security personnel to detect1 deter and counter terrorism2 7#b7 counter and ameliorate the conditions and circumstances that foster terrorist and violent extremist ideologies1 activity and recruitment2 7#c7 increase respect for human rights by sharing with foreign civil authorities modern1 humane1 and effective antiterrorism techniques2 and 7#d7 enhance bilateral and multilateral partnerships to counter terrorism and violent extremism4 #ecjb4 ,assistance to countries and multilateral organizations for counter-terrorism activities 7a7 ,assistance to countries 7#a7 ,in general ,notwithstanding any other provision of law that restricts assistance to foreign countries 7other than sections #iaja1 #iajb1 #idja1 and #idjb71 the ,secretary1 acting through the ,assistant ,secretary for ,counterterrorism or other appropriate senior official1 is authorized to provide1 on such terms and conditions as the ,secretary may determine-- 7,a7 assistance to foreign countries in order to enhance the ability of their law enforcement and security personnel to deter terrorists and terrorist groups from engaging in international terrorist acts such as bombing1 kidnaping1 assassination1 hostage taking1 and hijacking2 and 7,b7 in coordination with the ,administrator1 assistance to foreign countries1 including nongovernmental organizations1 to enhance their ability to counter violent extremism and radicalization and to counter the appeal of terrorist and other extremist organizations4 7#b7 ,assistance ,assistance under paragraph 7#a77;,a7 may include the following3 7,a7 ,consistent with section #ccjc1 the provision of equipment1 supplies1 and training to build the capacity of foreign law enforcement or security forces to conduct counter-terrorist operations and respect human rights4 7,b7 ,training services and the provision of equipment and other commodities related to detection and disposal of bombs 7including improvised explosive devices71 management of hostage situations1 physical security1 and other matters relating to the detection1 deterrence1 and prevention of acts of terrorism1 the resolution of terrorist incidents1 and the apprehension of those involved in such acts4 7,c7 ,support and cooperation with foreign banking1 regulatory1 and other officials to counter the financing of terrorist activities4 7b7 ,assistance to multilateral organizations ,the ,secretary is authorized to provide1 on such terms and conditions as the ,secretary may determine1 support to multilateral organizations for international and regional counterterrorism cooperation programs1 including the ,regional ,strategic ,initiative4 ,such support may be provided in the form of grants1 contracts1 or voluntary contributions to such organizations4 7c7 ,payment 7#a7 ,in general ,if the ,secretary determines it to be consistent with and in furtherance of the purposes of this subtitle1 and on such terms and conditions consistent with this ,act as the ,secretary may determine1 any ,federal agency is authorized to provide services and commodities1 without charge to funds available to carry out this subtitle1 to an eligible foreign country1 subject to payment in advance of the value thereof 7within the meaning of section #ddaa7 in ,united ,states dollars by the foreign country4 7#b7 ,crediting ,collections under this subtitle shall be credited to the currently applicable appropriation1 account1 or fund of the agency providing such services and commodities and shall be available for the purposes for which such appropriation1 account1 or fund is authorized to be used4 7#c7 ,value ,the value in terms of original acquisition cost of all equipment and commodities provided under this subtitle in any fiscal year shall not exceed #cj percent of the funds made available to carry out this subtitle for that fiscal year4 7d7 ,consultation ,consistent with section #a7;c77#b77;,c7 of the ,state ,department ,basic ,authorities ,act of #aief 7as added by section #caje71 the ,assistant ,secretary of ,state for ,democracy1 ,human ,rights and ,labor shall be consulted in determinations of foreign countries that will be provided assistance under this subtitle and determinations of the nature of assistance to be provided to each such country4 7e7 ,limitation ,arms and ammunition may be provided under this subtitle only if such arms and ammunition are directly related to counterterrorism assistance4 7f7 ,rule of construction ,nothing in this subtitle shall apply to information exchange activities conducted by ,federal agencies under any other authority for such purposes #ecjc4 ,counter-terrorism responsibilities of the ,department of ,state 7a7 ,in general ,section #a of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7 is amended-- 7#a7 in subsection 7c77#a71 by striking #bd and inserting #be2 and 7#b7 in subsection 7e7 to read as follows3 7e7 ,counterterrorism responsibilities 7#a7 ,in general ,the ,secretary of ,state shall be responsible for the overall supervision 7including policy oversight of resources7 of counterterrorism activities and may designate an ,assistant ,secretary or other senior official1 who may report directly to the ,secretary as appropriate1 to assist in such activities4 7#b7 ,transfer authority ,the ,secretary of ,state may transfer any authority1 duty1 or function assigned to the ,coordinator for ,counterterrorism or to the ,office of the ,coordinator for ,counterterrorism to the ,assistant ,secretary or other senior official designated by the ,secretary of ,state under paragraph 7#a7 or to the ,bureau of ,counterterrorism 7as the case may be74 4 7b7 ,conforming amendment ,section #ecae of title #e1 ,united ,states ,code1 is amended in the item relating to ,assistant ,secretaries of ,state1 by striking 7#bd7 and inserting 7#be74 ,,vi ,sustaining the global environment #fjja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,sound natural resource management1 healthy ecosystems1 and biological diversity are vital to alleviating poverty in developing countries that depend on natural resources for water1 food1 medicine1 energy1 household products1 and tourism and trade4 7#b7 ,proper management and protection of natural resources can mitigate instability1 conflict1 and corruption in many developing countries4 7#c7 ,poaching and the illegal trafficking of wildlife represent significant threats to preserving biological diversity and can lead to crime and corruption4 7#d7 ,establishing protected areas can preserve wildlife and plant species from degradation and guard against the illegal wildlife trade4 7#e7 ,strengthening the indigenous capacity of partner countries to manage their natural resources improves the long-term sustainability of conservation programs and is essential for economic growth in developing countries4 7b7 ,statement of policy ,it is the policy of the ,united ,states to work in cooperation with the international community1 including nongovernmental organizations1 to reduce biodiversity loss1 adapt to and mitigate climate change1 and integrate principles of environmental sustainability into policies and programs for international development4 ,a ,debt-for-,nature ,exchanges #faja4 ,findings and statement of policy 7a7 ,findings ,congress finds the following3 7#a7 ,poverty and economic pressures on the populations of developing countries have led to environmental degradation that exacerbate existing challenges and imperil long-term1 sustainable development4 7#b7 ,debt reduction can reduce economic pressures on developing countries and provide funds for environmental conservation and development4 7#c7 ,identifying and developing economic benefits to local communities from sustainable use of the environment is critical to the protection of ecosystems and to overall development4 7#d7 ,tropical forests provide a wide range of benefits to humankind by-- 7,a7 harboring a major share of the ,earth's biological and terrestrial resources1 which are the basis for developing pharmaceutical products and revitalizing agricultural crops2 7,b7 playing a critical role as carbon sinks in reducing greenhouse gases in the atmosphere1 thus moderating potential global climate change2 and 7,c7 regulating hydrological cycles on which far-flung agricultural and coastal resources depend4 7#e7 ,coral reefs and associated coastal marine ecosystems provide a wide range of benefits to humankind by-- 7,a7 harboring more species per unit area than any other marine habitat1 providing the basis for developing pharmaceutical products and fostering a growing marine tourism sector2 7,b7 providing a major source of food and jobs for hundreds of millions of coastal residents2 and 7,c7 serving as natural storm barriers1 thus protecting vulnerable shorelines and communities from storm waves and erosion4 7b7 ,statement of policy ,it is the policy of the ,united ,states to work in cooperation with partner countries and nongovernmental organizations to protect and sustainably manage tropical forests1 coral reefs1 and other natural ecosystems1 including through debt-for-nature exchanges4 #fajb4 ,definitions ,as used in this subtitle3 7#a7 ,administering body ,the term administering body means the entity provided for in section #fajg7;c74 7#b7 ,partner country ,the term partner country means an eligible country with respect to which the authority of paragraph 7#a7 or 7#b7 of section #faje7;a7 or section #fajf7;a77#a7 is exercised4 7#c7 ,debt-for-,nature ,agreement ,the term ,debt-for-,nature ,agreement or ,agreement means a ,debt-for-,nature ,agreement provided for in section #fajg4 7#d7 ,debt-for-,nature ,facility ,the term ,debt-for-,nature ,facility or ,facility means the ,debt-for-,nature ,facility established in the ,department of the ,treasury by section #fajc4 7#e7 ,debt-for-,nature ,fund ,the term ,debt-for-,nature ,fund or ,fund means a ,debt-for-,nature ,fund provided for in section #faji4 7#f7 ,eligible country ,the term eligible country means a country described in section #fajd4 #fajc4 ,establishment of the ,facility ,there is established in the ,department of the ,treasury an entity to be known as the ,debt-for-,nature ,facility for the purpose of providing for the administration of debt reduction in accordance with this subtitle4 #fajd4 ,eligibility for benefits ,to be eligible for benefits from the ,facility under this subtitle1 a country shall be a developing country the government of which-- 7#a7 is democratically elected2 7#b7 does not support acts of international terrorism2 7#c7 does not engage in a consistent pattern of gross violations of internationally recognized human rights2 7#d7 has in effect1 has received approval for1 or1 as appropriate in exceptional circumstances1 is making significant progress toward-- 7,a7 an ,international ,monetary ,fund standby arrangement1 extended ,international ,monetary ,fund arrangement1 or an arrangement under the structural adjustment facility or enhanced structural adjustment facility1 or in exceptional circumstances1 an ,international ,monetary ,fund-monitored program or its equivalent1 unless the ,president determines that such an arrangement or program 7or its equivalent7 could reasonably be expected to have significant adverse social or environmental effects2 and 7,b7 as appropriate1 structural or sectoral adjustment loans from the ,international ,bank for ,reconstruction and ,development or the ,international ,development ,association1 unless the ,president determines that the resulting adjustment requirements could reasonably be expected to have significant adverse social or environmental effects2 and 7#e7 if appropriate1 has agreed with its commercial bank lenders on a satisfactory financing program1 including1 as appropriate1 debt or debt service reduction4 #faje4 ,authority to engage in debt-for-nature swaps and debt buybacks 7a7 ,loans and credits eligible for sale1 reduction1 or cancellation 7#a7 ,debt-for-nature swaps 7,a7 ,in general ,notwithstanding any other provision of law1 the ,president may1 in accordance with this section1 sell to any eligible purchaser described in subparagraph 7,b7 any concessional loans described in section #fajf or any credits described in section #fajf1 or on receipt of payment from an eligible purchaser described in subparagraph 7,b71 reduce or cancel such loans 7or credits7 or portion thereof under an ,agreement1 only for the purpose of facilitating a debt-for-nature swap to support eligible activities described in section #fajh4 7,b7 ,eligible purchaser ,a loan or credit may be sold1 reduced1 or canceled under subparagraph 7,a7 only to a purchaser who presents plans satisfactory to the ,president for using the loan or credit for the purpose of engaging in debt-for-nature swaps to support eligible activities described in section #fajh4 7#b7 ,debt buybacks ,notwithstanding any other provision of law1 the ,president may1 in accordance with this section1 sell to any eligible country any concessional loans described in section #fajf or any credits described in section #fajf1 or on receipt of payment from an eligible country1 reduce or cancel such loans 7or credits7 or portion thereof under an ,agreement1 only for the purpose of facilitating a debt buyback by an eligible country of its own qualified debt1 only if the eligible country uses an additional amount of the local currency of the eligible country1 equal to not less than the lesser of #dj percent of the price paid for such debt by such eligible country1 or the difference between the price paid for such debt and the face value of such debt1 to support eligible activities described in section #fajh4 7#c7 ,limitation ,the authority provided by paragraphs 7#a7 and 7#b7 shall be available only to the extent that appropriations for the cost 7as defined in section #ejb7e7 of the ,federal ,credit ,reform ,act of #aiij7 of the modification of any debt pursuant to such paragraphs are made in advance4 7#d7 ,terms and conditions ,notwithstanding any other provision of law1 the ,president shall1 in accordance with this section1 establish the terms and conditions under which loans and credits may be sold1 reduced1 or canceled pursuant to this section4 7#e7 ,administration 7,a7 ,in general ,when the ,president determines a purchaser to be an eligible purchaser pursuant to paragraph 7#a77;,b71 the ,administrator or the ,secretary of ,agriculture1 as the case may be1 shall carry out the sale1 reduction1 or cancellation of a loan pursuant to such paragraph4 7,b7 ,additional requirement ,the ,administrator or ,secretary of ,agriculture1 as the case may be1 shall make an adjustment in its accounts to reflect the sale1 reduction1 or cancellation4 7b7 ,deposit of proceeds ,the proceeds from the sale1 reduction1 or cancellation of any loan sold1 reduced1 or canceled pursuant to this section shall be deposited in the ,united ,states ,government account or accounts established for the repayment of such loan4 #fajf4 ,reduction of debt owed to the ,united ,states as a result of concessional loans or credits under this ,act and certain other provisions of law 7a7 ,authority ,to reduce debt 7#a7 ,authority ,the ,president may reduce the amount owed to the ,united ,states 7or any ,federal agency7 that is outstanding as of the date of the enactment of this ,act as a result of concessional loans or credits made to an eligible country by the ,united ,states under this ,act1 the ,foreign ,assistance ,act of #aifa 7as such ,act was in effect on the day before the date of the enactment of this ,act71 title ,i of the ,agricultural ,trade ,development and ,assistance ,act of #aied 7#g ,u4,s4,c4 #agja et seq471 or predecessor foreign economic assistance legislation4 7#b7 ,certain prohibitions inapplicable ,a reduction of debt pursuant to this section shall not be considered foreign assistance for purposes of any provision of law limiting assistance to a country4 7b7 ,implementation of debt reduction 7#a7 ,in general ,any debt reduction pursuant to subsection 7a7 shall be accomplished at the direction of the ,facility under an ,agreement by the exchange of a new obligation for obligations of the type referred to in subsection 7a7 outstanding as of the date specified in subsection 7a77#a74 7#b7 ,exchange of obligations 7,a7 ,in general ,the ,facility shall notify the ,administrator or the ,secretary of ,agriculture of an agreement entered into under paragraph 7#a7 with an eligible country to exchange a new obligation for outstanding obligations4 7,b7 ,additional requirement ,at the direction of the ,facility1 the old obligations that are the subject of the ,agreement shall be canceled and a new debt obligation for the country shall be established relating to the ,agreement1 and the ,administrator or the ,secretary of ,agriculture1 as the case may be1 shall make an adjustment in the respective agency's accounts to reflect the debt reduction4 7c7 ,additional terms and conditions 7#a7 ,repayment of principal ,the principal amount of each new obligation issued pursuant to subsection 7b7 shall be repaid in ,united ,states dollars4 7#b7 ,deposit of payments ,principal repayments of new obligations shall be deposited in the ,united ,states ,government account established for principal repayments of the obligations for which those obligations were exchanged4 7d7 ,interest ,principal repayments of new obligations shall be deposited in the ,united ,states ,government account established for principal repayments of the obligations for which those obligations were exchanged4 7#a7 ,rate of interest ,each new obligation issued by a partner country pursuant to subsection 7b7 shall bear interest at a concessional rate4 7#b7 ,currency of interest payment2 deposits 7,a7 ,local currency ,if the partner country has entered into a ,debt-for-,nature ,agreement1 interest shall be paid in the local currency of the partner country and deposited in the ,debt-for-,nature ,fund of such country4 ,such interest shall be the property of the partner country1 until such time as it is disbursed pursuant to section #faji7;b77#c74 ,such local currencies shall be used for the purposes specified in the ,agreement4 7,b7 ,united ,states dollars ,if the partner country has not entered into a ,debt-for-,nature ,agreement1 interest shall be paid in ,united ,states dollars and deposited in the ,united ,states ,government account established for interest payments of the obligations for which the new obligations were exchanged4 7#c7 ,interest already paid ,if a partner country enters into a ,debt-for-,nature ,agreement subsequent to the date on which interest first became due on the newly issued obligation1 any interest already paid on such new obligation shall not be redeposited into the ,debt-for-,nature ,fund established for that country4 #fajg4 ,debt-for-,nature ,agreement 7a7 ,authority ,the ,president is authorized to enter into a ,debt-for-,nature ,agreement with any eligible country concerning the operation and use of the ,debt-for-,nature ,fund for the country4 7b7 ,contents of agreement ,an ,agreement with an eligible country shall-- 7#a7 require-- 7,a7 the establishment of a ,fund for the country2 or 7,b7 in the case of a country with respect to which a fund has been established under part ,,iv 7relating to ,enterprise for the ,americas ,initiative7 or part ,v 7relating to debt reduction for developing countries with tropical forests7 of the ,foreign ,assistance ,act of #aifa 7as such ,act was in effect on the day before the date of the enactment of this ,act71 the continued utilization of such fund2 7#b7 require the country to make prompt disbursements from the ,fund to the administering body described in subsection 7c72 7#c7 when appropriate1 seek to maintain the value of the local currency resources of the ,fund in terms of ,united ,states dollars2 7#d7 contain reasonable provisions for the enforcement of the terms of the ,agreement2 and 7#e7 establish criteria and priorities guiding the disbursement of grants consistent with the eligible activities in section #fajh4 7c7 ,administering body 7#a7 ,in general ,amounts disbursed from the ,fund in each partner country shall be administered by a body constituted under the laws of that country4 7#b7 ,composition 7,a7 ,in general ,the administering body shall consist of-- 7i7 one or more individuals appointed by the ,united ,states ,government2 7ii7 one or more individuals appointed by the government of the partner country2 and 7iii7 individuals who represent a broad range of-- 7,i7 environmental nongovernmental organizations of1 or active in1 the partner country2 7,,ii7 local community development nongovernmental organizations of the partner country2 and 7,,iii7 scientific1 academic1 or institutions of the partner country4 7,b7 ,additional requirement ,a majority of the members of the administering body shall be individuals described in subparagraph 7,a77iii74 7#c7 ,responsibilities ,the administering body shall-- 7,a7 receive proposals for grant assistance from eligible grant recipients 7as determined under subsection 7d77 and make grants to eligible grant recipients in accordance with the priorities agreed upon in the ,agreement1 consistent with section #fajh2 7,b7 be responsible for the management of the program and oversight of grant activities funded from resources of the ,fund2 7,c7 consult with local communities on the planning1 development1 and implementation of plans1 programs1 and activities associated with the disbursements of grants2 7,d7 be subject1 on an annual basis1 to an audit of financial statements conducted in accordance with generally accepted auditing standards by an independent auditor2 7,e7 be required to grant to representatives of the ,united ,states ,government ,accountability ,office such access to books and records associated with operations of the ,fund as the ,comptroller ,general of the ,united ,states may request2 and 7,f7 present an annual plan on activities for the upcoming year for review and an annual report on the activities the administering body undertook during the previous year to the ,secretary of ,state1 the ,secretary of the ,treasury1 the ,administrator1 the government of the partner country1 and1 if appropriate1 the nongovernmental organization4 7d7 ,grant recipients 7#a7 ,in general ,grants made from the ,fund shall be made to-- 7,a7 nongovernmental environmental1 forestry1 conservation1 and indigenous peoples organizations of1 or active in1 the partner country2 7,b7 other appropriate local or regional entities of1 or active in1 the partner country2 or 7,c7 in exceptional circumstances1 the government of the partner country4 7#b7 ,priority ,in providing grants under paragraph 7#a71 priority shall be given to projects that are run by local nongovernmental organizations and other private entities and that involve local communities in their planning and execution4 7e7 ,review of larger grants ,any grant of more than #bej1jjj from a ,fund shall be subject to approval by the ,government of the ,united ,states and the government of the partner country4 7f7 ,eligibility criteria ,in the event that a country ceases to meet the eligibility requirements set forth in section #fajd1 then grants from the ,fund for that country may only be made to nongovernmental organizations until such time as the country meets the eligibility requirements set forth in section #fajd4 7g7 ,use of funds ,to conduct program audits and evaluation ,of the amounts made available to carry out this subtitle for a fiscal year1 up to one percent is authorized to be made available to carry out audits1 evaluations1 monitoring1 and administration of programs under this subtitle1 including personnel costs associated with such audits1 evaluations1 monitoring1 and administration4 7h7 ,congressional notification ,the ,president shall notify the appropriate congressional committees of the ,president's intention to enter into an ,agreement with an eligible country at least #ae days in advance of entering into such ,agreement4 #fajh4 ,eligible activities 7a7 ,in general ,grants made from the ,fund shall be used for-- 7#a7 restoration1 conservation1 or sustainable use of terrestrial and marine animal and plant species2 7#b7 establishment1 restoration1 protection1 and maintenance of parks1 protected areas1 and reserves2 7#c7 development and implementation of scientifically sound systems of natural resource management1 including land and water and ecosystem management practices2 7#d7 development and implementation of programs to address the effects of climate change on environmental resources2 7#e7 training programs to strengthen conservation institutions and increase scientific1 technical1 and managerial capabilities of local individuals and organizations involved in conservation efforts2 or 7#f7 research and identification of medicinal uses of plant life to treat human diseases1 illnesses1 and health related concerns4 7b7 ,prioritizing ,activities ,in cooperation with the partner country and nongovernmental organizations1 the ,president shall seek to identify those areas1 which because of an imminent threat1 are in particular need of immediate attention to prevent the loss of unique biological life or valuable ecosystem4 #faji4 ,debt-for-,nature ,fund 7a7 ,establishment ,each partner country that enters into a ,debt-for-,nature ,agreement under section #fajg shall be required to establish a ,debt-for-,nature ,fund to receive payments of interest and principal on new obligations undertaken by the partner country under this subtitle4 7b7 ,requirements relating to operation of ,fund ,the following terms and conditions shall apply to the ,fund3 7#a7 ,deposits ,local currencies deposited in the ,fund shall not be considered foreign assistance for purposes of any provision of law limiting assistance to a country4 7#b7 ,investment ,deposits made in the ,fund shall be invested until disbursed4 ,any return on such investment may be retained by the ,fund1 without deposit in the ,treasury of the ,united ,states and without further appropriation by ,congress4 7#c7 ,disbursements ,funds in the ,fund shall be disbursed pursuant to a ,debt-for-,nature ,agreement authorized under section #fajg4 #faaj4 ,responsibilities to the ,congress 7a7 ,consultations with the ,congress ,the ,president shall consult with the appropriate congressional committees on a periodic basis to review the operation of the ,facility under this subtitle and the eligibility of countries for benefits from the ,facility under this subtitle4 7b7 ,report to ,congress ,not later than ,december #ca of each year1 the ,president shall prepare and transmit to ,congress an annual report concerning the operations of the ,debt-for-,nature ,facility under this subtitle for the prior fiscal year4 ,such report shall include-- 7#a7 a description of the activities undertaken by such ,facility during the previous fiscal year2 7#b7 a description of any ,agreement entered into under this subtitle2 7#c7 a report on ,debt-for-,nature ,funds that have been established under this subtitle and on the operations of such ,funds2 and 7#d7 a description of any grants that have been provided by administering bodies pursuant to ,debt-for-,nature ,agreements under this subtitle4 #faaa4 ,general savings clause ,an agreement in effect on the day before the date of the enactment of this ,act under part ,,iv 7relating to ,enterprise for the ,americas ,initiative7 or part ,v 7relating to debt reduction for developing countries with tropical forests7 of the ,foreign ,assistance ,act of #aifa 7as such parts were in effect on the day before the date of the enactment of this ,act7 shall remain in effect subject to the terms and conditions under such agreement4 ,b ,commercial ,debt-for-,nature ,exchanges #fbja4 ,commercial debt-for-nature exchange defined ,for purposes of this subtitle1 the term commercial debt-for-nature exchange means the cancellation or redemption of the foreign debt of the government of a country in exchange for-- 7#a7 the government's making available local currencies 7including through the issuance of bonds7 that are used only for eligible projects involving the conservation or protection of the environment in that country 7as described in section #fbjc72 7#b7 the government's financial resource or policy commitment to take certain specified actions to ensure the restoration1 protection1 or sustainable use of natural resources within that country2 or 7#c7 a combination of assets and actions under both paragraphs 7#a7 and 7#b74 #fbjb4 ,authorization for commercial debt exchanges 7a7 ,in general ,the ,administrator is authorized to provide grants1 on such terms and conditions as the ,administrator may determine1 to nongovernmental organizations for the purchase on the open market of discounted commercial debt of a foreign government of an eligible country described in section #fbjd which will be canceled or redeemed under agreed upon terms with that government as part of a commercial debt-for-nature exchange4 7b7 ,interest ,notwithstanding any other provision of law1 a grantee 7or any subgrantee7 of the grants referred to in subsection 7a7 may retain1 without deposit in the ,treasury of the ,united ,states and without further appropriation by ,congress1 interest earned on the proceeds of any resulting commercial debt-for-nature exchange pending the disbursements of such proceeds and interest for approved program purposes1 which may include the establishment of an endowment1 the income of which is used for such purposes4 #fbjc4 ,eligible projects 7a7 ,in general ,the ,administrator shall seek to ensure that commercial debt-for-nature exchanges under this subtitle support one or more of the eligible activities listed in section #fajh by either the relevant government1 a local private conservation group1 or a combination thereof4 7b7 ,identification of certain areas ,in cooperation with nongovernmental organizations and the relevant country1 the ,administrator shall seek to identify those areas1 which because of an imminent threat1 are in particular need of immediate attention to prevent the loss of unique biological life or valuable ecosystem4 #fbjd4 ,eligible countries ,in order for a foreign country to be eligible to participate in a commercial debt-for-nature exchange under this subtitle the foreign country shall be a developing country that-- 7#a7 meets the requirements of section #fajd2 and 7#b7 the ,administrator determines-- 7,a7 is fully committed to the long-term viability of the program or project that is to be undertaken through the commercial debt-for-nature exchange2 7,b7 has prepared a long-term plan1 or a private conservation group has prepared a long-term plan for the country1 which adequately provides for the long-term viability of the program or project that is to be undertaken through the commercial debt-for-nature exchange or that such a plan will be prepared in a timely manner2 and 7,c7 has a government agency or a local nongovernmental organization1 or combination thereof1 with the capability1 commitment1 and record of environmental concern to oversee the long-term viability of the program or project that is to be undertaken through the commercial debt-for-nature exchange4 #fbje4 ,prohibition ,the ,united ,states ,government is prohibited from accepting title or interest in any land in a foreign country as a condition on the commercial debt-for-nature exchange4 ,,vii ,expanding prosperity through trade and investment #gjja4 ,findings ,congress finds the following3 7#a7 ,fostering economic growth is essential to sustaining the impact of ,united ,states development assistance4 7#b7 ,united ,states development assistance must be supplemented by developmentally beneficial private investment1 which can be stimulated by ,united ,states-sponsored programs4 7#c7 ,attracting and retaining private investment requires improvements in the investment climate of developing countries1 which require ,united ,states technical assistance4 7#d7 ,increasing exports is necessary for sustained economic growth in most developing countries1 because domestic consumption is usually inadequate to stimulate and sustain increases in gross domestic product1 employment1 and personal income4 7#e7 ,for most developing countries1 receipt of additional loans would be counterproductive1 exacerbating existing high debt levels that consume scarce domestic financial resources4 #gjjb4 ,authority for coordination 7a7 ,identification of priority countries ,in preparing the ,united ,states ,strategy for ,global ,development under section #ajag1 the ,interagency ,policy ,committee on ,global ,development shall identify a list of priority countries which would substantially benefit from ,united ,states programs to stimulate private investment flows and to provide technical assistance to attract and sustain such investment1 taking into account each country's-- 7#a7 high-level political leadership and commitment to development progress2 7#b7 potential for rapid and sustained economic growth2 and 7#c7 importance to ,united ,states national interests and development goals4 7b7 ,joint country action plan ,for each country identified as a priority country under subsection 7a71 the ,interagency ,policy ,committee on ,global ,development shall-- 7#a7 undertake a rigorous joint analysis of constraints to growth1 in partnership with the priority country and in consultation with the ,united ,states1 international1 and local private sectors1 the donor community1 civil society organizations1 and relevant experts2 7#b7 develop a joint country action plan that outlines potential tools1 reforms1 technical assistance1 and resources that can be applied over the next five years to address the highest-priority constraints to growth2 7#c7 coordinate and integrate the joint country action plan with ,country ,development ,cooperation ,strategies and related policies and programs2 and 7#d7 establish high-level mutual accountability for implementation1 including through transparency and fact-based monitoring and evaluation4 7c7 ,direction of resources ,the ,interagency ,policy ,committee on ,global ,development may direct the resources of the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,overseas ,private ,investment ,corporation1 the ,trade and ,development ,agency1 and the ,millennium ,challenge ,corporation to be made available to carry out the country plan4 ,a ,overseas ,private ,investment ,corporation #gaja4 ,creation and purpose 7a7 ,creation ,there is established the ,overseas ,private ,investment ,corporation 7in this subtitle referred to as the ,corporation71 which shall be an agency of the ,united ,states under the policy guidance of the ,secretary of ,state and the ,interagency ,policy ,committee on ,global ,development4 7b7 ,purpose 7#a7 ,in general ,the primary purpose of the ,corporation shall be to mobilize and facilitate the participation of ,united ,states private capital in the economic and social development of less developed countries1 thereby complementing the foreign policy and development assistance objectives of the ,united ,states4 7#b7 ,responsibilities ,in carrying out its purpose1 the ,corporation shall undertake-- 7,a7 to conduct financing1 insurance1 and reinsurance operations on a self-sustaining basis1 taking into account in its financing operations the economic and financial soundness of projects2 7,b7 to use private credit and investment institutions and the ,corporation's guaranty authority as the principal means of mobilizing capital investment funds2 7,c7 to broaden private participation and revolve its funds through selling its direct loans to private investors whenever it can appropriately do so on satisfactory terms2 7,d7 to conduct its insurance operations with due regard to principles of risk management1 including efforts to share its insurance risks and reinsurance risks2 7,e7 to support the expansion of private enterprise and market-based economies2 7,f7 to conduct its activities in coordination with the ,interagency ,policy ,committee on ,global ,development1 so as to carry out the foreign policy and development strategy of the ,united ,states2 and 7,g7 to advise and assist agencies of the ,united ,states and other organizations1 both public and private1 national and international1 with respect to projects and programs relating to the development of private enterprise in less developed countries4 #gajb4 ,prohibitions and restrictions 7a7 ,prohibitions ,the ,corporation shall-- 7#a7 decline to issue any contract of insurance or reinsurance1 or any guaranty1 or to enter into any agreement to provide financing for a proposed investment1 if the ,corporation determines that such investment is likely to cause a reduction in the employment of ,united ,states persons2 7#b7 decline to insure1 reinsure1 guarantee1 or finance any investment that would reduce exports of goods or services of ,united ,states origin or otherwise negatively affect the balance of trade of the ,united ,states2 7#c7 decline to insure1 reinsure1 guarantee1 or finance any investment in connection with a project that the ,corporation determines will negatively affect the environment1 or cause a health or safety hazard2 and 7#d7 decline to insure1 reinsure1 guarantee1 or finance any investment in connection with a project that the ,corporation determines will negatively affect the human rights1 employment1 living standard1 social welfare1 or culture of any persons in the country where the project is to be located4 7b7 ,worker rights 7#a7 ,protection of worker rights ,the ,corporation may insure1 reinsure1 guarantee1 or finance a project only if the country in which the project is to be undertaken is taking steps to adopt and implement laws that extend internationally recognized worker rights1 as defined in section #ejg7d7 of the ,trade ,act of #aigd1 to workers in that country 7including any designated zone in that country74 ,the ,corporation shall also include the following language1 in substantially the following form1 in all contracts that the ,corporation enters into with eligible investors to provide financial support under this subtitle3 ,the investor and all parties involved in the project agree to protect the right of employees of the foreign enterprise to exercise their right of association and their right to organize and bargain collectively4 ,the investor and all parties involved in the project further agree to comply with core labor standards of the ,international ,labor ,organization and ,united ,nations declarations on workers and worker rights relating to a minimum age for employment of children1 acceptable conditions of work with respect to minimum wages1 hours of work1 and occupational health and safety1 and a prohibition on the use of forced labor4 4 7#b7 ,use of annual reports on workers rights ,the ,corporation shall1 in making its determinations under paragraph 7#a71 use the reports submitted to the ,congress pursuant to section #ejd of the ,trade ,act of #aigd4 7#c7 ,waiver ,paragraph 7#a7 shall not prohibit the ,corporation from providing any insurance1 reinsurance1 guaranty1 or financing with respect to a country if the ,president determines that such activities by the ,corporation would be in the national economic or foreign policy interests of the ,united ,states4 ,any such determination shall be reported in writing to the ,congress1 together with the reasons for the determination4 7c7 ,environmental impact 7#a7 ,in general ,the ,board of ,directors of the ,corporation shall not consider or approve any action proposed to be taken by the ,corporation that is likely to have adverse environmental impacts1 unless for a period of at least #fj days before the date of the vote-- 7,a7 an environmental impact assessment1 or initial environmental audit1 analyzing the environmental impacts of the proposed action and of alternatives to the proposed action has been completed by the project applicant and made available to the ,board of ,directors2 and 7,b7 such assessment or audit has been made available to the public of the ,united ,states1 locally affected groups in the host country1 and host country nongovernmental organizations4 7#b7 ,compliance with extractive industries transparency initiative ,the ,board of ,directors shall ensure that the projects for which the ,corporation provides insurance1 reinsurance1 a guaranty1 or financing are in compliance with the ,extractive ,industries ,transparency ,initiative1 or any successor international standard4 #gajc4 ,capital of the corporation ,the capital stock of the ,corporation issued before the date of the enactment of this ,act and held by the ,secretary of the ,treasury as of such date of enactment shall continue to be the capital stock of the ,corporation on and after such date of enactment4 #gajd4 ,organization and management 7a7 ,structure of the corporation ,the ,corporation shall have a ,board of ,directors1 a ,president1 an ,executive ,vice ,president1 and such other officers and staff as the ,board of ,directors may determine4 7b7 ,board of directors 7#a7 ,in general ,all powers of the ,corporation shall vest in and be exercised by or under the authority of its ,board of ,directors 7hereinafter in this subtitle referred to as the ,board71 which shall consist of #ae ,directors1 including the ,chairman1 with #h ,directors constituting a quorum for the transaction of business4 7#b7 ,membership 7,a7 ,presidential appointees ,eight ,directors shall be appointed by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate1 and may not be officers or employees of the ,united ,states ,government4 ,two of the #h ,directors appointed under the preceding sentence shall be experienced in international development1 #b shall be experienced in international labor and human rights1 #b shall be experienced in environmental protection1 and #b shall be experienced in insurance and international finance4 ,each such ,director shall be appointed for a term of not more than #c years4 ,the terms of not more than #c such ,directors may expire in any one year4 ,such ,directors shall serve until their successors are appointed and qualified1 and may be reappointed4 7,b7 ,officers of the government ,the remaining ,directors shall be principal officers of the ,united ,states ,government1 including the ,president of the ,corporation1 the ,administrator of the ,agency for ,international ,development1 and one such officer of the ,department of ,state1 the ,department of the ,treasury1 the ,environmental ,protection ,agency1 the ,department of ,labor1 and the ,department of ,commerce1 who are designated by and serve at the pleasure of the ,president of the ,united ,states4 7#c7 ,chair and vice chair ,there shall be a ,chair and a ,vice ,chair of the ,board1 both of whom shall be designated by the ,president of the ,united ,states from among the ,directors of the ,board designated under paragraph 7#b77;,b74 7#d7 ,compensation ,all ,directors who are not officers of the ,corporation or officers of the ,united ,states ,government shall be compensated at a rate equivalent to that of level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 when actually engaged in the business of the ,corporation1 and may be paid per diem in lieu of subsistence at the applicable rate prescribed in the standardized ,government travel regulations1 while away from their homes or usual places of business4 7c7 ,president of the corporation ,the ,president of the ,corporation shall be appointed by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate1 and shall serve at the pleasure of the ,president4 ,the ,president of the ,corporation shall be its ,chief ,executive ,officer and shall be responsible for the operations and management of the ,corporation1 subject to bylaws and policies established by the ,board4 7d7 ,officers and staff 7#a7 ,in general ,the ,executive ,vice ,president of the ,corporation shall be appointed by the ,president of the ,united ,states1 by and with the advice and consent of the ,senate1 and shall serve at the pleasure of the ,president4 ,other officers1 attorneys1 employees1 and agents shall be selected and appointed by the ,corporation1 and shall be vested with such powers and duties as the ,corporation may determine4 7#b7 ,applicability of civil service laws ,of the persons employed by the ,corporation under paragraph 7#a71 not more than #bj may be appointed1 compensated1 or removed without regard to the civil service laws and regulations1 except that under such regulations as the ,president of the ,united ,states may prescribe1 officers and employees of the ,united ,states ,government who are appointed to any of such positions may be entitled1 upon removal from such position1 except for cause1 to reinstatement to the position occupied at the time of appointment or to a position of comparable grade and salary4 ,such positions shall be in addition to those otherwise authorized by law1 including those authorized by section #eajh of title #e1 ,united ,states ,code4 7e7 ,inspector ,general ,the ,board shall appoint and maintain an ,inspector ,general in the ,corporation1 in accordance with the ,inspector ,general ,act of #aigh 7#e ,u4,s4,c4 ,app474 #gaje4 ,investment ,insurance and ,other ,programs 7a7 ,investment insurance 7#a7 ,in general ,the ,corporation may issue insurance1 upon such terms and conditions as the ,corporation may determine1 to eligible investors1 assuring protection in whole or in part against any or all of the following risks with respect to projects which the ,corporation has approved3 7,a7 ,inability to convert into ,united ,states dollars other currencies1 or credits in such currencies1 received as earnings or profits from the approved project1 as repayment or return of the investment therein1 in whole or in part1 or as compensation for the sale or disposition of all or any part thereof4 7,b7 ,loss of investment1 in whole or in part1 in the approved project due to expropriation or confiscation by action of a foreign government or any political subdivision thereof4 7,c7 ,loss due to war1 revolution1 insurrection1 or civil strife4 7,d7 ,loss due to business interruption caused by any of the risks set forth in subparagraphs 7,a71 7,b71 and 7,c74 7#b7 ,shared liabilities ,recognizing that major private investments in less developed friendly countries or areas are often made by enterprises in which there is multinational participation1 including significant ,united ,states private participation1 the ,corporation may make arrangements with foreign governments 7including agencies1 instrumentalities1 or political subdivisions thereof7 or with multilateral organizations and institutions for sharing liabilities assumed under investment insurance for such investments and may in connection therewith issue insurance to investors that do not otherwise qualify as eligible investors1 except that-- 7,a7 liabilities assumed by the ,corporation under the authority of this paragraph shall be consistent with the purposes of this subtitle2 and 7,b7 the maximum share of liabilities so assumed may not exceed the proportionate participation by eligible investors in the project4 7#c7 ,limitation on single investors ,not more than #aj percent of the maximum contingent liability of investment insurance that the ,corporation is permitted to have outstanding under section #gajf7;a77#a7 may be issued to a single investor4 7#d7 ,reports to ,congress on certain risks ,before issuing insurance for the first time for loss due to business interruption1 and in each subsequent instance in which a significant expansion is proposed in the type of risk to be insured under the definition of civil strife or business interruption1 the ,corporation shall1 at least #fj days before such insurance is issued1 submit to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives a report with respect to such insurance1 including a thorough analysis of the risks to be covered1 anticipated losses1 and proposed rates and reserves and1 in the case of insurance for loss due to business interruption1 an explanation of the underwriting basis upon which the insurance is to be offered4 ,any such report with respect to insurance for loss due to business interruption shall be considered in accordance with the procedures applicable to reprogramming notifications pursuant to section #hdja of this ,act4 7b7 ,investment guaranties ,the ,corporation may issue to eligible investors guaranties of loans and other investments made by such investors assuring against loss due to such risks and upon such terms and conditions as the ,corporation may determine1 subject to the following3 7#a7 ,such guaranties on other than loan investments may not exceed #ge percent of such investment4 7#b7 ,except for loan investments for credit unions made by eligible credit unions or credit union associations1 the aggregate amount of investment 7exclusive of interest and earnings7 so guaranteed with respect to any project may not exceed1 at the time of issuance of any such guaranty1 #ge percent of the total investment committed to any such project as determined by the ,corporation1 such determination to be conclusive for purposes of the ,corporation's authority to issue any such guaranty4 7#c7 ,not more than #ae percent of the maximum contingent liability of investment guaranties that the ,corporation is permitted to have outstanding under section #gajf7;a77#a7 may be issued to a single investor4 7c7 ,direct loans 7#a7 ,authority ,the ,corporation may make loans in ,united ,states dollars repayable in dollars or loans in foreign currencies 7including1 without regard to section #acjf of title #ca1 ,united ,states ,code1 such foreign currencies that the ,secretary of the ,treasury may determine to be excess to the normal requirements of the ,united ,states and the ,director of the ,office of ,management and ,budget may allocate7 to firms privately owned or of mixed private and public ownership1 upon such terms and conditions as the ,corporation may determine4 7#b7 ,portion of loan for technologies and projects in the ,united ,states ,the ,corporation may designate up to #be percent of any loan under this subsection for use in the development or adaptation in the ,united ,states of new technologies or new products or services that are to be used in the project for which the loan is made and are likely to contribute to the economic or social development of less developed countries4 7#c7 ,restriction on extraction of oil1 gas1 and minerals ,no loan may be made under this subsection to finance any operation for the extraction of oil or gas4 ,the aggregate amount of loans under this subsection to finance operations for the mining or other extraction of any deposit of ore or other nonfuel minerals may not in any fiscal year exceed #d1jjj1jjj4 7d7 ,investment encouragement ,the ,corporation may initiate and support through financial participation1 incentive grant1 or otherwise1 and on such terms and conditions as the ,corporation may determine1 the identification1 assessment1 surveying1 and promotion of private investment opportunities1 using wherever feasible and effective the facilities of private investors1 except that-- 7#a7 the ,corporation may not finance any survey to ascertain the existence1 location1 extent1 or quality of1 or to determine the feasibility of undertaking operations for the extraction of1 oil or gas2 and 7#b7 expenditures financed by the ,corporation during any fiscal year on surveys to ascertain the existence1 location1 extent1 or quality of1 or to determine the feasibility of undertaking operations for the extraction of1 nonfuel minerals may not exceed #bjj1jjj4 7e7 ,special activities ,the ,corporation may administer and manage special projects and programs1 including programs of financial and advisory support that provide private technical1 professional1 or managerial assistance in the development of human resources1 skills1 technology1 capital savings1 and intermediate financial and investment institutions and cooperatives and including the initiation of incentives1 grants1 and studies for renewable energy and other small business activities4 ,the funds for such projects and programs may1 with the ,corporation's concurrence1 be transferred to it for such purposes under the authority of section #ajeje7;a7 or from other sources1 public or private4 ,administrative funds may not be made available for incentives1 grants1 and studies for renewable energy and other small business activities4 7f7 ,other insurance functions 7#a7 ,reinsurance1 etc ,the ,corporation may make and carry out contracts of insurance or reinsurance1 or agreements to associate or share risks1 with insurance companies1 financial institutions1 any other persons1 or groups thereof1 and employing such companies1 institutions1 persons1 or groups where appropriate1 as its agent1 or acting as their agent1 in the issuance and servicing of insurance1 the adjustment of claims1 the exercise of subrogation rights1 the ceding and accepting of reinsurance1 and in any other matter incident to an insurance business1 except that such agreements and contracts shall be consistent with the purposes of the ,corporation set forth in section #gaja and shall be on equitable terms4 7#b7 ,risk sharing ,the ,corporation may enter into pooling or other risk-sharing agreements with multinational insurance or financing agencies or groups of such agencies4 7#c7 ,holding ownership interests ,the ,corporation may hold an ownership interest in any association or other entity established for the purposes of sharing risks under investment insurance4 7#d7 ,reinsurance of certain liabilities ,the ,corporation may issue1 upon such terms and conditions as it may determine1 reinsurance of liabilities assumed by other insurers or groups thereof with respect to risks referred to in subsection 7a77#a74 7#e7 ,limit on reinsurance ,the amount of reinsurance of liabilities under this subtitle that the ,corporation may issue may not in the aggregate exceed at any one time an amount equal to the amount authorized for the maximum contingent liability outstanding at any one time under section #gajf7;a77#a74 ,all reinsurance issued by the ,corporation under this subsection shall require that the reinsured party retain for that party's own account specified portions of liability1 whether first loss or otherwise4 7g7 ,local currency guaranties for eligible investors ,the ,corporation may issue to eligible investors1 or to local financial institutions1 guaranties1 denominated in currencies other than ,united ,states dollars1 of loans and other investments made to projects sponsored by or significantly involving eligible investors1 assuring against loss due to such risks and upon such terms and conditions as the ,corporation may determine1 for projects that the ,corporation determines to have significant developmental effects or as the ,corporation determines to be necessary or appropriate to carry out the purposes of this subtitle4 7h7 ,public hearings 7#a7 ,annual public hearings ,the ,board shall hold at least one public hearing each year in order to afford an opportunity for any person to present views as to whether the ,corporation is carrying out its activities in accordance with section #gaja and this section or whether any investment in a particular country should have been or should be extended insurance1 reinsurance1 guaranties1 or financing under this subtitle4 7#b7 ,hearings in connection with ,board meetings ,in conjunction with each meeting of its ,board1 the ,corporation shall hold a public hearing in order to afford an opportunity for any person to present views regarding the activities of the ,corporation4 ,such views shall be made part of the record4 #gajf4 ,issuing authority2 direct loan authority2 discharge of liabilities 7a7 ,issuing authority 7#a7 ,maximum contingent liability ,the maximum contingent liability outstanding at any one time pursuant to insurance issued under section #gaje7;a71 and the amount of financing issued under subsections 7b7 and 7c7 of section #gaje1 may not exceed in the aggregate #ej1jjj1jjj1jjj4 7#b7 ,payment of subsidy and administrative costs ,subject to spending authority provided in appropriations ,acts pursuant to section #ejd7;b7 of the ,federal ,credit ,reform ,act of #aiij1 the ,corporation may transfer such sums as are necessary from its noncredit activities to pay for the subsidy and administrative costs of the investment guaranties and direct loan programs under subsections 7b7 and 7c7 of section #gaje4 7b7 ,noncredit account revolving fund ,there is established in the ,treasury of the ,united ,states a noncredit account revolving fund1 which shall be available for discharge of liabilities1 as provided in subsection 7c71 until such time as all such liabilities have been discharged or have expired or until all of the fund has been expended in accordance with the provisions of this section4 ,such fund shall be funded by-- 7#a7 the funds remaining1 on the day before the date of the enactment of this ,act1 in the noncredit account revolving fund established under section #bce7;c7 of the ,foreign ,assistance ,act of #aifa2 7#b7 such sums as are appropriated pursuant to subsection 7d7 for such purpose2 and 7#c7 additional amounts as may be transferred to such fund pursuant to section #gajg4 7c7 ,order of payments ,to discharge liabilities ,any payment made to discharge liabilities under investment insurance or reinsurance issued under section #gaje or under similar predecessor guaranty authority1 shall be paid first out of the noncredit account revolving fund1 as long as such fund remains available1 and thereafter out of funds made available pursuant to subsection 7d7 of this section4 ,any payments made to discharge liabilities under guaranties issued under subsection 7b7 or 7c7 of section #gaje shall be paid in accordance with the ,federal ,credit ,reform ,act of #aiij4 7d7 ,authorization of appropriations 7#a7 ,in general ,there are authorized to be appropriated to the ,corporation1 to remain available until expended1 such amounts as may be necessary from time to time to replenish or increase the noncredit account revolving fund1 to discharge the liabilities under insurance1 reinsurance1 or guaranties issued by the ,corporation or issued under predecessor guaranty authority1 or to discharge obligations of the ,corporation purchased by the ,secretary of the ,treasury pursuant to this subsection4 7#b7 ,limitation on appropriations ,no appropriations may be made to augment the noncredit account revolving fund until the amount of funds in the noncredit account revolving fund is less than #be1jjj1jjj4 ,any appropriations to augment the noncredit account revolving fund shall then only be made either pursuant to specific authorization enacted after the date of the enactment of this ,act1 or to satisfy the full faith and credit provision of section #gajh7;c74 7#c7 ,issuance of ,treasury instruments ,in order to discharge liabilities under investment insurance or reinsurance1 the ,corporation may issue from time to time for purchase by the ,secretary of the ,treasury its notes1 debentures1 bonds1 or other obligations1 except that the aggregate amount of such obligations outstanding at any one time may not exceed #ajj1jjj1jjj4 ,any such obligation shall be repaid to the ,treasury within one year after the date of issue of such obligation4 ,any such obligation shall bear interest at a rate determined by the ,secretary of the ,treasury1 taking into consideration the current average market yield on outstanding marketable obligations of the ,united ,states of comparable maturities during the month preceding the issuance of the obligation4 ,the ,secretary of the ,treasury shall purchase any obligation of the ,corporation issued under this subsection1 and for such purchase the ,secretary may use as a public debt transaction the proceeds of the sale of any securities issued under chapter #ca of title #ca1 ,united ,states ,code 7or the ,second ,liberty ,bond ,act71 after the date of the enactment of the ,overseas ,private ,investment ,corporation ,amendments ,act of #aigd4 ,the purpose for which securities may be issued under such chapter shall include any such purchase4 #gajg4 ,income and revenues ,in order to carry out the purposes of the ,corporation1 all revenues and income transferred to or earned by the ,corporation1 from whatever source derived1 shall be held by the ,corporation and shall be available to carry out its purposes1 including without limitation-- 7#a7 payment of all expenses of the ,corporation1 including investment promotion expenses2 7#b7 transfers and additions to the insurance or guaranty reserves1 noncredit account revolving fund1 and such other funds or reserves as the ,corporation may establish1 at such time and in such amounts as the ,board may determine2 and 7#c7 payment of dividends1 on capital stock1 which shall consist of and be paid from net earnings of the ,corporation after payments1 transfers1 and additions under paragraphs 7#a7 and 7#b74 #gajh4 ,general provisions relating to insurance1 guaranty1 and financing program 7a7 ,agreement with host country ,insurance1 guaranties1 and reinsurance issued under this subtitle shall cover investment made in connection with projects in any less developed country with the government to which the ,president of the ,united ,states has agreed to institute a program for insurance1 guaranties1 or reinsurance4 7b7 ,protection of interests of corporation ,the ,corporation shall determine that suitable arrangements exist for protecting the interest of the ,corporation in connection with any insurance1 guaranty1 or reinsurance issued under this subtitle1 including arrangements concerning ownership1 use1 and disposition of the currency1 credits1 assets1 or investments on account of which payment under such insurance1 guaranty1 or reinsurance is to be made1 and right1 title1 claim1 or cause of action existing in connection therewith4 7c7 ,full faith and credit of the ,united ,states ,all insurance1 reinsurance1 and guaranties issued under this subtitle or predecessor guaranty authority shall constitute obligations1 in accordance with the terms of such insurance1 reinsurance1 or guaranties1 of the ,united ,states of ,america and the full faith and credit of the ,united ,states of ,america is hereby pledged for the full payment and performance of such obligations4 7d7 ,fees 7#a7 ,in general ,fees may be charged for providing insurance1 reinsurance1 guaranties1 financing1 and other services under this subtitle in amounts to be determined by the ,corporation4 ,in the event fees charged for insurance1 reinsurance1 guaranties1 financing1 or other services are reduced1 fees to be paid under existing contracts for the same type of insurance1 reinsurance1 guaranties1 financing1 or services and for similar guaranties issued under predecessor guaranty authority may be reduced4 7#b7 ,credit transaction costs ,project-specific transaction costs incurred by the ,corporation relating to loan obligations or loan guaranty commitments covered by the provisions of the ,federal ,credit ,reform ,act of #aiij1 including the costs of project-related travel and expenses for legal representation provided by persons outside the ,corporation and other similar expenses that are charged to the borrower1 shall be paid out of the appropriate finance account established pursuant to section #eje7;b7 of that ,act4 7#c7 ,noncredit transaction costs ,fees paid for the project-specific transaction costs and other direct costs associated with services provided to specific investors or potential investors pursuant to section #gaje 7other than those covered in paragraph 7#b771 including financing1 insurance1 reinsurance1 missions1 seminars1 conferences1 and other preinvestment services1 shall be available for obligation for the purposes for which they were collected1 notwithstanding any other provision of law4 7e7 ,limitation on term of assistance ,no insurance1 guaranty1 or reinsurance of any equity investment may extend beyond #bj years from the date of issuance4 7f7 ,limitation on compensation 7#a7 ,in general ,compensation for any insurance1 reinsurance1 or guaranty issued under this subtitle may not exceed the dollar value1 as of the date of the investment1 of the investment made in the project with the approval of the ,corporation1 plus interest1 earnings1 or profits actually accrued on such investment to the extent provided by such insurance1 reinsurance1 or guaranties1 except that the ,corporation may provide that-- 7,a7 appropriate adjustments in the insured dollar value be made to reflect the replacement cost of project assets2 7,b7 compensation for a claim of loss under insurance of an equity investment may be computed on the basis of the net book value attributable to such equity investment on the date of loss2 and 7,c7 compensation for loss due to business interruption may be computed on a basis to be determined by the ,corporation that reflects amounts lost4 7#b7 ,limitation on risk of loss ,notwithstanding paragraph 7#a71 the ,corporation shall limit the amount of direct insurance and reinsurance issued by it under section #gaje so that risk of loss as to at least #aj percent of the total investment of the insured and its affiliates in the project is borne by the insured and such affiliates1 except that limitation shall not apply to direct insurance or reinsurance of loans by banks or other financial institutions to unrelated parties4 7g7 ,no payment when fraud involved ,no payment may be made under any guaranty1 insurance1 or reinsurance issued under this subtitle for any loss arising out of fraud or misrepresentation for which the party seeking payment is responsible4 7h7 ,limitation on investment in foreign institutions ,insurance1 guaranties1 or reinsurance issued under this subtitle of a loan or equity investment of an eligible investor in a foreign bank1 finance company1 or other credit institution shall extend only to such loan or equity investment and not to any individual loan or equity investment made by such foreign bank1 finance company1 or other credit institution4 7i7 ,settlement of claims ,claims arising as a result of insurance1 reinsurance1 or guaranty operations under this subtitle or under predecessor guaranty authority may be settled1 and disputes arising as a result thereof may be arbitrated with the consent of the parties1 on such terms and conditions as the ,corporation may determine4 ,payment made pursuant to any such settlement1 or as a result of an arbitration award1 shall be final and conclusive1 notwithstanding any other provision of law4 7j7 ,presumption of compliance of contracts ,each guaranty contract executed by such officer or officers as may be designated by the ,board shall be conclusively presumed to be issued in compliance with the requirements of this subtitle4 7k7 ,consideration of effect on balance of payments ,in making a determination to issue insurance1 guaranties1 or reinsurance under this subtitle1 the ,corporation shall consider the possible adverse effect of the dollar investment under such insurance1 guaranty1 or reinsurance upon the balance of payments of the ,united ,states4 7l7 ,violation of foreign corrupt practices act 7#a7 ,in general ,no payment may be made under any insurance or reinsurance that is issued under this subtitle for any loss occurring with respect to a project1 if the preponderant cause of such loss was an act by the investor seeking payment under this subtitle1 by a person possessing majority ownership and control of the investor at the time of the act1 or by any agent of such investor or controlling person1 and a court of the ,united ,states has entered a final judgment that such act constituted a violation under the ,foreign ,corrupt ,practices ,act of #aigg or section #cj;,a of the ,securities ,exchange ,act of #aicd4 7#b7 ,regulations to bar eligibility ,the ,corporation shall adopt regulations setting forth appropriate conditions under which any person convicted under the ,foreign ,corrupt ,practices ,act of #aigg or section #cj;,a of the ,securities ,exchange ,act of #aicd for an offense related to a project insured or otherwise supported by the ,corporation shall be suspended1 for a period of not more than #e years1 from eligibility to receive any insurance1 reinsurance1 guaranty1 loan1 or other financial support authorized by this subtitle4 7m7 ,notification of host country of health1 safety1 and environmental standards 7#a7 ,notification 7,a7 ,in general ,before finally providing insurance1 reinsurance1 guaranties1 or financing under this subtitle for any environmentally sensitive investment in connection with a project in a country1 the ,corporation shall notify appropriate government officials of that country of-- 7i7 all guidelines and other standards adopted by the ,international ,bank for ,reconstruction and ,development and any other international organization relating to the public health or safety or the environment that are applicable to the project2 and 7ii7 to the maximum extent practicable1 any restriction under any law of the ,united ,states relating to public health or safety or the environment that would apply to the project if the project were undertaken in the ,united ,states4 7,b7 ,contents of notification ,the notification under the subparagraph 7,a7 shall include a summary of the guidelines1 standards1 and restrictions referred to in clauses 7i7 and 7ii7 of subparagraph 7,a74 7#b7 ,consideration of comments ,before finally providing insurance1 reinsurance1 guaranties1 or financing for any investment subject to paragraph 7#a71 the ,corporation shall take into account any comments it receives on the project involved that the ,corporation considers relevant to such project4 7n7 ,penalties for fraud ,whoever knowingly makes any false statement or report1 or willfully overvalues any land1 property1 or security1 for the purpose of influencing in any way the action of the ,corporation with respect to any insurance1 reinsurance1 guaranty1 loan1 equity investment1 or other activity of the ,corporation under section #gaje1 or any change or extension of any such insurance1 reinsurance1 guaranty1 loan1 equity investment1 or activity1 by renewal1 deferment of action1 or otherwise1 or the acceptance1 release1 or substitution of security therefor1 shall be fined not more than #a1jjj1jjj or imprisoned not more than #cj years1 or both4 7o7 ,use of local currencies ,direct loans or investments made in order to preserve the value of funds received in inconvertible foreign currency by the ,corporation as a result of activities conducted pursuant to section #gaje7;a7 shall not be considered in determining whether the ,corporation has made or has outstanding loans or investments to the extent of any limitation on obligations and equity investment imposed by or pursuant to this subtitle4 ,the provisions of section #ejd7;b7 of the ,federal ,credit ,reform ,act of #aiij shall not apply to direct loan obligations made with funds described in this subsection4 #gaji4 ,general provisions and powers 7a7 ,principal office and residence ,the ,corporation shall have its principal office in the ,district of ,columbia and shall be deemed1 for purposes of venue in civil actions1 to be resident thereof4 7b7 ,continuation of status ,notwithstanding section #aabja7a71 section #bci7;c7 of the ,foreign ,assistance ,act of #aifa shall not be repealed and shall remain in effect as on the day before the date of the enactment of this ,act4 7c7 ,general authorities ,to carry out the purposes of this subtitle1 the ,corporation may-- 7#a7 adopt and use a corporate seal1 which shall be judicially noticed2 7#b7 sue and be sued in its corporate name2 7#c7 adopt1 amend1 and repeal bylaws governing the conduct of its business and the performance of the powers and duties granted to or imposed upon it by law2 7#d7 acquire1 hold1 or dispose of1 upon such terms and conditions as the ,corporation may determine1 any property1 real1 personal1 or mixed1 tangible or intangible1 or any interest therein2 7#e7 invest funds derived from fees and other revenues in obligations of the ,united ,states and use the proceeds therefrom1 including earnings and profits1 as it considers appropriate2 7#f7 indemnify directors1 officers1 employees1 and agents of the ,corporation for liabilities and expenses incurred in connection with their ,corporation activities2 7#g7 require bonds of officers1 employees1 and agents and pay the premiums therefor2 7#h7 notwithstanding any other provision of law1 represent itself or contract for representation in all legal and arbitral proceedings2 7#i7 enter into limited-term contracts with nationals of the ,united ,states for personal services to carry out activities in the ,united ,states and abroad under subsections 7d7 and 7e7 of section #gaje2 7#aj7 purchase1 discount1 rediscount1 sell1 and negotiate1 with or without its endorsement or guaranty1 and guarantee notes1 participation certificates1 and other evidence of indebtedness 7except that the ,corporation may not issue its own securities1 except participation certificates for the purpose of carrying out section #gaja7;b77#b77;,c7 or participation certificates as evidence of indebtedness held by the ,corporation in connection with settlement of claims under section #gajh7;i772 7#aa7 make and carry out such contracts and agreements as are necessary and advisable in the conduct of its business2 7#ab7 exercise the priority of the ,united ,states ,government in collecting debts from bankrupt1 insolvent1 or decedents' estates2 7#ac7 determine the character of and the necessity for its obligations and expenditures1 and the manner in which they shall be incurred1 allowed1 and paid1 subject to provisions of law specifically applicable to ,government corporations2 7#ad7 collect or compromise any obligations assigned to or held by the ,corporation1 including any legal or equitable rights accruing to the ,corporation2 and 7#ae7 take such actions as may be necessary or appropriate to carry out its powers4 7d7 ,development impact profiles ,in order to carry out the purpose set forth in section #gaja1 the ,corporation shall prepare and maintain for each investment project it insures1 finances1 or reinsures1 a development impact profile consisting of data appropriate to measure the projected and actual effects of such project on development4 ,criteria for evaluating projects shall be developed in consultation with the ,united ,states ,agency for ,international ,development4 7e7 ,human rights ,the ,corporation shall take into account in the conduct of its programs in a country1 in consultation with the ,secretary of ,state1 all available information about observance of and respect for human rights and fundamental freedoms in such country and the effect the operation of such programs will have on human rights and fundamental freedoms in such country4 7f7 ,taxation ,the ,corporation1 including its franchise1 capital1 reserves1 surplus1 advances1 intangible property1 and income1 shall be exempt from all taxation at any time imposed by the ,united ,states1 by any territory1 dependency1 or possession of the ,united ,states1 or by any ,state1 the ,district of ,columbia1 or any county1 municipality1 or local taxing authority4 7g7 ,publication of policy guidelines ,the ,corporation shall publish1 and make available to applicants for insurance1 reinsurance1 guaranties1 financing1 or other assistance made available by the ,corporation under this subtitle1 the policy guidelines of the ,corporation relating to its programs4 #gaaj4 ,reports to the ,congress 7a7 ,annual report ,not later than #c months after the end of each fiscal year1 the ,corporation shall submit to the ,congress a complete and detailed report of its operations during such fiscal year4 ,such report shall include-- 7#a7 an assessment1 based upon the development impact profiles required by section #gaji7;d71 of the economic and social development impact and benefits of the projects with respect to which such profiles are prepared1 and of the extent to which the operations of the ,corporation complement or are compatible with the development assistance programs of the ,united ,states and other donors2 and 7#b7 a description of any project for which the ,corporation-- 7,a7 refused to provide any insurance1 reinsurance1 guaranty1 financing1 or other financial support1 on account of information received under section #gaji7;e72 or 7,b7 notwithstanding such violations1 provided such insurance1 reinsurance1 guaranty1 financing1 or financial support1 on the basis of a determination that the national security interest so requires4 7b7 ,projections on ,u4,s4 employment 7#a7 ,in annual reports ,each annual report required by subsection 7a7 shall contain projections of the effects on employment in the ,united ,states of all projects for which1 during the preceding fiscal year1 the ,corporation initially issued any insurance1 reinsurance1 or guaranty or made any direct loan4 ,each such report shall include projections of-- 7,a7 the amount of ,united ,states exports to be generated by those projects1 both during the startup phase and over a period of years2 7,b7 the final destination of the products to be produced as a result of those projects2 and 7,c7 the impact such production will have on the production of similar products in the ,united ,states with regard to both domestic sales and exports4 7#b7 ,analysis of each project required ,the projections required by this subsection shall be based on an analysis of each of the projects described in paragraph 7#a74 7#c7 ,information to be included 7,a7 ,in general ,in reporting the projections on employment required by this subsection1 the ,corporation shall specify1 with respect to each project-- 7i7 any loss of jobs in the ,united ,states caused by the project1 whether or not the project itself creates other jobs2 7ii7 any jobs created by the project2 and 7iii7 the country in which the project is located1 and the economic sector involved in the project4 7,b7 ,protection of proprietary information ,no proprietary information may be disclosed under subparagraph 7,a74 7c7 ,records ,to be maintained by ,corporation ,the ,corporation shall maintain as part of its records a copy of the analysis done of each project in preparing the reports required by subsection 7b74 7d7 ,protection of confidential information ,subsection 7b7 does not require the inclusion in any report submitted pursuant to that subsection of any information that would not be required to be made available to the public pursuant to section #eeb of title #e1 ,united ,states ,code 7relating to freedom of information74 #gaaa4 ,definitions ,in this subtitle3 7#a7 ,eligible investor ,the term eligible investor means-- 7,a7 a ,united ,states citizen2 and 7,b7 a corporation1 partnership1 or other association1 including a nonprofit association1 that is created under the laws of the ,united ,states1 any ,state or territory thereof1 or the ,district of ,columbia4 7#b7 ,expropriation ,the term expropriation includes any abrogation1 repudiation1 or impairment by a foreign government1 a political subdivision of a foreign government1 or a corporation owned or controlled by a foreign government1 of its own contract with an investor with respect to a project1 if such abrogation1 repudiation1 or impairment is not caused by the investor's own fault or misconduct1 and materially adversely affects the continued operation of the project4 7#c7 ,investment ,the term investment includes any contribution or commitment of funds1 commodities1 services1 patents1 processes1 or techniques1 in the form of-- 7,a7 a loan or loans to an approved project2 7,b7 the purchase of a share of ownership in any such project2 7,c7 participation in royalties1 earnings1 or profits of any such project2 and 7,d7 the furnishing of commodities or services pursuant to a lease or other contract4 7#d7 ,local financial institution ,the term local financial institution-- 7,a7 means any bank or financial institution that is organized under the laws of any country or area in which the ,corporation operates2 but 7,b7 does not include a branch1 however organized1 of a bank or other financial institution that is organized under the laws of a country in which the ,corporation does not operate4 7#e7 ,noncredit account revolving fund ,the term noncredit account revolving fund means the noncredit account revolving fund established under section #gajf7;b74 7#f7 ,noncredit activities ,the term noncredit activities means all activities of the ,corporation other than its loan guaranty program under section #gaje7;b7 and its direct loan program under section #gaje7;c74 7#g7 ,predecessor guaranty authority ,the term predecessor guaranty authority means prior guaranty authorities 7other than housing guaranty authorities7 repealed by the ,foreign ,assistance ,act of #aifi1 section #bjb7;b7 and #dac7;b7 of the ,mutual ,security ,act of #aied1 section #aaa7;b77#c7 of the ,economic ,cooperation ,act of #aidh 7exclusive of authority relating to informational media guaranties71 and authorities of the ,corporation under title ,,iv of chapter #b of part ,i of the ,foreign ,assistance ,act of #aifa4 7#h7 ,united ,states person ,the term ,united ,states person means-- 7,a7 a ,united ,states citizen or national2 and 7,b7 any other entity that qualifies as an eligible investor4 ,b ,united ,states ,trade and ,development ,agency #gbja4 ,united ,states ,trade and ,development ,agency 7a7 ,purpose ,the ,united ,states ,trade and ,development ,agency 7in this subtitle referred to as the ,agency7 shall be an agency of the ,united ,states under the policy guidance of the ,secretary of ,state and the ,interagency ,policy ,committee on ,global ,development4 ,the primary purpose of the ,agency is to facilitate ,united ,states private sector participation in development projects in developing countries1 consistent with ,country ,development ,cooperation ,strategies prepared under section #ajah4 ,the ,agency may also utilize its authorities and programs in other countries in furtherance of ,united ,states foreign policy and economic interests4 7b7 ,authority ,to provide assistance 7#a7 ,authority ,the ,director of the ,agency may1 under the direction of the ,secretary of ,state and the ,interagency ,policy ,committee on ,global ,development1 carry out this subtitle by providing funds for technical assistance1 feasibility studies1 architectural and engineering design1 and other activities related to the goals of the ,united ,states to attract and retain private sector investment in countries that are receiving ,united ,states development assistance under this ,act and to promote exports of ,united ,states-origin goods and services4 7#b7 ,use of funds ,funds under this section may be used to provide support for feasibility studies for the planning1 development1 and management of1 and procurement for1 bilateral and multilateral development projects1 including training activities undertaken in connection with a project1 for the purpose of promoting the use of ,united ,states-origin goods and services in such projects4 ,funds under this section may also be used for architectural and engineering design1 including-- 7,a7 concept design1 which establishes the basic technical and operational criteria for a project1 such as architectural drawings for a proposed facility1 evaluation of site constraints1 procurement requirements1 and equipment specifications2 7,b7 detail design1 which sets forth specific dimensions and criteria for structural1 mechanical1 electrical1 and architectural operations1 and identifies other resources required for project operations2 and 7,c7 technical assistance to facilitate the attraction and retention of private sector investment to sustain economic development4 7#c7 ,information dissemination 7,a7 ,by the agency ,the ,agency shall disseminate information about its project activities to the private sector4 7,b7 ,cooperation of other agencies ,other ,federal agencies shall cooperate with the ,agency in order for the ,agency to provide more effectively informational services to persons in the private sector concerning trade development and export promotion related to development projects4 7#d7 ,contributions to costs ,the ,agency shall1 to the maximum extent practicable1 require corporations and other entities to-- 7,a7 share the costs of technical assistance1 feasibility studies1 and other project planning services funded under this section2 and 7,b7 reimburse the ,agency for those funds provided under this section1 if the corporation or entity concerned succeeds in implementing the project4 7c7 ,director and personnel 7#a7 ,director ,there shall be at the head of the ,agency a ,director who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,officers and employees 7,a7 ,in general ,the ,director may appoint such officers and employees of the ,agency as the ,director considers appropriate4 7,b7 ,functions ,the officers and employees appointed under this paragraph shall have such functions as the ,director may determine4 7,c7 ,inapplicability of civil service laws ,of the officers and employees appointed under this paragraph1 #b may be appointed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and may be compensated without regard to the provisions of chapter #ea or subchapter ,,iii of chapter #ec of such title4 7,d7 ,reinstatement of certain employees ,under such regulations as the ,president may prescribe1 any individual appointed under subparagraph 7,c7 may be entitled1 upon removal 7except for cause7 from the position to which the appointment was made1 to reinstatement to the position occupied by that individual at the time of appointment or to a position of comparable grade and pay4 7d7 ,annual report ,the ,president shall1 not later than ,december #ca of each year1 submit to the appropriate congressional committees a report on the activities of the ,agency during the preceding fiscal year4 7e7 ,audits 7#a7 ,in general ,the ,agency shall be subject to the provisions of chapter #ce of title #ca1 ,united ,states ,code1 except as otherwise provided in this section4 7#b7 ,independent audit ,an independent certified public accountant shall perform a financial and compliance audit of the financial statements of the ,agency each year1 in accordance with generally accepted ,government auditing standards for a financial and compliance audit1 taking into consideration any standards recommended by the ,comptroller ,general4 ,the independent certified public accountant shall report the results of such audit to the ,director of the ,agency4 ,the financial statements of the ,agency shall be presented in accordance with generally accepted accounting principles4 ,these financial statements and the report of the accountant shall be included in a report that contains1 to the extent applicable1 the information identified in section #ceab of title #ca1 ,united ,states ,code1 and that the ,agency shall submit to the ,congress not later than #f months after the end of the last fiscal year covered by the audit4 ,the ,comptroller ,general may review the audit conducted by the accountant and the report to the ,congress in the manner and at such times as the ,comptroller ,general considers necessary4 7#c7 ,audit by comptroller general ,the ,comptroller ,general shall1 if the ,comptroller ,general considers it necessary or upon the request of the ,congress1 audit the financial statements of the ,agency in the manner provided in paragraph 7#b74 7#d7 ,availability of information ,all books1 accounts1 financial records1 reports1 files1 workpapers1 and property belonging to or in use by the ,agency and the accountant who conducts the audit under paragraph 7#b71 that are necessary for purposes of this subsection1 shall be made available to the representatives of the ,government ,accountability ,office designated by the ,comptroller ,general4 7f7 ,funding for technical assistance grants by multilateral development banks 7#a7 ,in general ,the ,agency1 in carrying out its program1 may provide1 as appropriate1 funds to multilateral development banks for technical assistance grants4 7#b7 ,definitions ,as used in paragraph 7#a7-- 7,a7 the term technical assistance grants means funding by multilateral development banks of services from the ,united ,states in connection with projects and programs supported by such banks1 including engineering1 design1 and consulting services2 and 7,b7 the term multilateral development bank has the meaning given that term in section #agja7;c7 of the ,international ,financial ,institutions ,act 7#bb ,u4,s4,c4 #bfbr7c774 ,c ,enterprise ,funds #gcja4 ,findings ,congress makes the following findings3 7#a7 ,enterprise funds are an effective mechanism to foster economic growth in support of ,united ,states foreign policy and development goals1 by stimulating private capital flows and expanding financing for free market-based private enterprise4 7#b7 ,enterprise funds provide incentives for improvements in legal systems1 commercial and tax codes1 and accounting practices1 as essential foundations for sustained economic growth4 #gcjb4 ,purposes ,the purposes of this subtitle are-- 7#a7 to promote the private sector of partner countries while considering the development impact of investments and profitability of those investments1 particularly in small- and medium-sized enterprises2 7#b7 to promote policies and practices conducive to strengthening the private sector through loans1 microloans1 equity investments1 insurance1 guaranties1 grants1 feasibility studies1 technical assistance1 training for businesses receiving investment capital1 and other measures2 7#c7 to promote good corporate governance and transparency1 foster competition1 catalyze productivity improvements in existing businesses1 and strengthen local capital markets2 7#d7 to promote stability and security through job creation in the private sector and by fostering upward economic mobility2 and 7#e7 to promote fiscal sustainability through expanded private sector adherence to tax codes and1 where appropriate1 foster improvements in the tax code and regulatory environment in order to support economic development4 #gcjc4 ,authority to designate enterprise funds 7a7 ,authority 7#a7 ,in general ,the ,administrator is authorized to designate private1 nonprofit organizations to operate pursuant to this subtitle as enterprise funds1 as eligible to receive funds and support pursuant to this subtitle after determining that such organizations have been established for the purposes specified in section #gcjb4 7#b7 ,consultation ,the ,administrator shall consult with the appropriate congressional committees before designating an organization under paragraph 7#a74 7b7 ,board of directors 7#a7 ,number and appointment ,each enterprise fund shall be governed by a board of directors4 ,subject to paragraph 7#c71 the board of directors shall be composed of #i members appointed by the ,administrator as follows3 7,a7 ,five individuals who are private citizens of the ,united ,states4 7,b7 ,three individuals who are private citizens of the country in which the enterprise fund will operate1 to be appointed by the ,administrator in consultation with the government of such country4 7,c7 ,one individual who is an officer or employee of the ,united ,states ,agency for ,international ,development4 7#b7 ,qualifications ,each member of the board of directors appointed under paragraph 7#a7 shall be selected from among individuals who have demonstrated expertise in one or more of the following areas3 business development1 commerce1 international markets1 capital investment1 banking1 and finance4 7#c7 ,nonvoting members ,the ,administrator may appoint not more than #b additional members of the board of directors1 who may not vote on matters before the board of directors4 ,if appointed1 such additional members shall be representatives of nongovernmental organizations that have demonstrated expertise in the development needs of the country served by the enterprise fund4 7c7 ,use of amounts 7#a7 ,in general ,the ,administrator may use funds appropriated by ,congress to carry out the purposes specified in section #gcjb1 including payment of the administrative expenses of the enterprise fund4 7#b7 ,grants ,the ,administrator may use funds appropriated by ,congress to make grants to enterprise funds designated under subsection 7a71 except that such appropriated funds may be used only for the purposes set forth in section #gcjb4 7#c7 ,compliance requirements 7,a7 ,in general ,the ,administrator not award a grant to an enterprise fund under paragraph 7#b7 unless the ,administrator and enterprise fund enter into a grant agreement under which the enterprise fund agrees to comply with the requirements under this section4 7,b7 ,termination date ,such grant agreement shall state that the enterprise fund shall liquidate its assets and dissolve not later than a date determined by the ,administrator1 unless the ,administrator determines1 after consultation with the appropriate congressional committees1 that the enterprise fund should be extended4 7,c7 ,disposition of assets ,at the time the enterprise fund is dissolved1 the assets of the enterprise fund shall be transferred to the ,general ,fund of the ,united ,states ,treasury4 7d7 ,notification to congress 7#a7 ,in general ,not less than #ae days before designating an organization to operate as an enterprise fund under subsection 7a71 the ,administrator shall provide the information described in paragraph 7#b7 to the appropriate congressional committees4 7#b7 ,information ,the information described in this paragraph is-- 7,a7 the identity of the organization to be designated to operate as the enterprise fund under subsection 7a72 7,b7 the names and qualifications of the individuals who will comprise the board of directors of the enterprise fund2 and 7,c7 a copy of the grant agreement between the ,administrator and the enterprise fund4 7e7 ,public disclosure ,not later than #a year after the entry into force of the grant agreement between the ,administrator and an enterprise fund under this section1 and annually thereafter1 the enterprise fund shall prepare and make available to the public on an ,internet website administered by the enterprise fund a report on the enterprise fund's activities during the previous year1 including-- 7#a7 a description of each investment supported by the enterprise fund1 including each type of assistance provided in accordance with section #gcjc7;c72 7#b7 the amounts invested by the enterprise fund in each company or project2 7#c7 the amounts of additional private investments made in each company or project2 7#d7 the amounts of any profits or losses realized by the enterprise fund in connection with each such company or project2 7#e7 the nature and amounts of administrative expenses incurred by the enterprise fund2 and 7#f7 the annual independent audit of the enterprise fund1 as required under this subtitle4 #gcjd4 ,,gao reports ,not later than #c years after the establishment of an enterprise fund under this subtitle1 and every #c years thereafter until the enterprise fund is dissolved1 the ,comptroller ,general of the ,united ,states shall submit to the appropriate congressional committees a report assessing the activities of the enterprise fund in achieving the purposes of enterprise funds under this subtitle1 identifying obstacles to achieving such purposes1 and recommending such operational improvements in the enterprise fund that the ,comptroller ,general determines are necessary4 #gcje4 ,operation provisions 7a7 ,private character of enterprise funds ,nothing in this subtitle shall be construed to make an enterprise fund an agency or establishment of the ,united ,states ,government1 or to make the officers1 employees1 or members of the board of directors of an enterprise fund officers or employees of the ,united ,states for purposes of title #e1 ,united ,states ,code4 7b7 ,matters ,to be considered by enterprise funds ,in carrying out this subtitle1 each enterprise fund shall take into account such considerations as internationally recognized worker rights and other internationally recognized human rights1 environmental factors1 ,united ,states economic and employment effects1 and the likelihood of commercial viability of the activity receiving assistance from the enterprise fund4 7c7 ,retention of interest ,an enterprise fund may hold funds granted to it pursuant to this subtitle in interest-bearing accounts1 prior to the disbursement of such funds for purposes specified in section #gcjb1 and may retain for such program purposes any interest earned on such deposits without returning such interest to the ,treasury of the ,united ,states and without further appropriation by the ,congress4 7d7 ,use of ,united ,states private venture capital ,in order to maximize the effectiveness of the activities of the enterprise funds1 each enterprise fund may conduct public offerings or private placements for the purpose of soliciting and accepting ,united ,states venture capital which may be used1 separately or together with funds made available pursuant to this subtitle1 for any lawful investment purpose that the board of directors of the enterprise fund may determine in carrying out this subtitle4 ,financial returns on enterprise fund investments that include a component of private venture capital may be distributed1 at such times and in such amounts as the board of directors of the enterprise fund may determine1 to the investors of such capital4 7e7 ,nonapplicability of other laws ,executive branch agencies may conduct programs and activities and provide services in support of the activities of the enterprise funds notwithstanding any other provision of law4 7f7 ,limitation on payments to enterprise fund personnel 7#a7 ,benefits barred ,no part of the funds of an enterprise fund shall inure to the benefit of any board member1 officer1 or employee of that enterprise fund1 except as salary or reasonable compensation for services1 subject to paragraph 7#b74 7#b7 ,ceratin compensation barred ,an enterprise fund may not pay compensation for services to-- 7,a7 any board member of the enterprise fund1 except for services as a board member2 or 7,b7 any firm1 association1 or entity in which a board member of the enterprise fund serves as partner1 director1 officer1 or employee4 7#c7 ,exception for prior services ,nothing in paragraph 7#b7 shall preclude payment for services performed before the date of the enactment of this subsection1 nor for arrangements approved by the grantor and notified in writing to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate4 7g7 ,independent private audits ,the accounts of each enterprise fund shall be audited annually in accordance with generally accepted auditing standards by independent certified public accountants or independent licensed public accountants certified or licensed by a regulatory authority of a ,state or other political subdivision of the ,united ,states4 ,the report of each such independent audit shall be included in the annual report required by this section4 7h7 ,,gao audits ,the financial transactions undertaken pursuant to this subtitle by each enterprise fund may be audited by the ,government ,accountability ,office in accordance with such principles and procedures and under such rules and regulations as may be prescribed by the ,comptroller ,general of the ,united ,states1 so long as the enterprise fund is in receipt of ,united ,states ,government grants4 7i7 ,recordkeeping requirements ,the enterprise funds shall ensure-- 7#a7 that each recipient of assistance provided through the enterprise funds under this subtitle keeps-- 7,a7 separate accounts with respect to such assistance2 7,b7 such records as may be reasonably necessary to disclose fully the amount and the disposition by such recipient of the proceeds of such assistance1 the total cost of the project or undertaking in connection with which such assistance is given or used1 and the amount and nature of that portion of the cost of the project or undertaking supplied by other sources2 and 7,c7 such other records as will facilitate an effective audit2 and 7#b7 that the enterprise funds1 or any of their duly authorized representatives1 have access for the purpose of audit and examination to any books1 documents1 papers1 and records of the recipient that are pertinent to assistance provided through the enterprise funds under this section4 7j7 ,annual reports ,each enterprise fund shall publish an annual report1 which shall include a comprehensive and detailed description of the enterprise fund's operations1 activities1 financial condition1 and accomplishments under this subtitle for the preceding fiscal year4 ,this report shall be published not later than ,january #ca each year1 beginning in the calendar year after the calendar year in which the enterprise fund is designated under this subtitle4 7k7 ,reinvestment ,returns on investments of an enterprise fund and other payments to the fund may be reinvested in projects carried out by the fund without further appropriation by ,congress4 #gcjf4 ,best practices and procedures ,to the maximum extent practicable1 the board of directors of each enterprise fund established under this subtitle should adopt the best practices and procedures used by enterprise funds1 including those for which funding was made available pursuant to section #bja of the ,support for ,east ,european ,democracy 7,,seed7 ,act of #aihi 7#bb ,u4,s4,c4 #edba74 #gcjg4 ,experience of other enterprise funds ,in implementing this subtitle1 the ,administrator shall ensure that the articles of incorporation of each enterprise fund 7including provisions specifying the responsibilities of the board of directors of the enterprise fund71 the terms of ,united ,states ,government grant agreements with the enterprise fund1 and ,united ,states ,government oversight of the enterprise fund are1 to the maximum extent practicable1 consistent with the ,articles of ,incorporation of1 the terms of grant agreements with1 and the oversight of the ,enterprise ,funds established pursuant to section #bja of the ,support for ,east ,european ,democracy 7,,seed7 ,act of #aihi 7#bb ,u4,s4,c4 #edba7 and comparable provisions of law4 ,,viii ,strategic planning1 monitoring and evaluation1 and reporting ,a ,strategic planning #haja4 ,quadrennial ,diplomacy1 ,development1 and ,security ,review 7a7 ,review of diplomacy1 development1 and security 7#a7 ,in general ,not later than ,december #ae1 #bjad1 and every #d years thereafter1 the ,secretary and the ,administrator shall complete a comprehensive examination 7to be known as a ,quadrennial ,diplomacy1 ,development1 and ,security ,review7 of ,united ,states diplomacy1 development1 and national security efforts4 7#b7 ,key elements of review ,the review described in paragraph 7#a7 shall include information on the following3 7,a7 ,the nature of the global challenges and opportunities facing the ,united ,states and the changes in such challenges and opportunities over the previous four-year period4 7,b7 ,key objectives and missions for ,united ,states foreign policy and foreign assistance1 including a clear statement of ,united ,states objectives for development assistance and for security assistance4 7,c7 ,the roles and responsibilities of ,federal agencies in carrying out ,united ,states diplomacy1 promoting global development1 and protecting national security1 and the mechanisms for cooperation between such agencies1 including any reforms needed in such agencies and mechanisms to adapt to changing circumstances4 7,d7 ,the roles of international organizations and multilateral institutions in advancing ,united ,states diplomatic1 development1 and security objectives1 including the mechanisms for coordinating and harmonizing development policies and programs with partner countries and among donors4 7,e7 ,the requirements for overseas infrastructure necessary to carry out ,united ,states diplomatic1 development1 and security objectives1 including major changes in diplomatic presence and new investments in technology and facilities4 7,f7 ,a plan1 budget1 and timetable for implementing the recommendations of the review1 including any legislative requests and executive orders to be issued4 7#c7 ,interagency coordination and consultation ,in conducting each ,quadrennial ,diplomacy1 ,development1 and ,security ,review1 the ,secretary and the ,administrator shall take into account the views of the ,secretary of ,defense1 the ,secretary of the ,treasury1 the ,attorney ,general1 and the heads of all other ,federal agencies carrying out international policies and programs under this ,act4 7b7 ,consultative process ,in conducting the review required under subsection 7a71 the ,secretary and the ,administrator shall consult with-- 7#a7 the appropriate congressional committees2 7#b7 a variety of civil society groups1 including private businesses1 nongovernmental organizations involved in diplomacy1 development1 and security1 and experts at academic institutions or institutions involved in the study of foreign policy1 international development1 or national security2 and 7#c7 appropriate international organizations and partner countries4 7c7 ,report 7#a7 ,additional elements ,the ,secretary and the ,administrator shall transmit to the appropriate congressional committees a report upon completion of each ,quadrennial ,diplomacy1 ,development1 and ,security ,review4 ,the report shall include1 in addition to all the elements identified in subsection 7a77#b7-- 7,a7 the assumptions used to inform the review1 including those regarding-- 7i7 key global challenges and opportunities facing the ,united ,states over the next #aj-year period2 7ii7 the capacity of ,united ,states diplomatic1 development1 and security personnel to respond to such challenges and opportunities2 7iii7 the cooperation and capacity of partner countries and international institutions in addressing such challenges and opportunities2 7iv7 the levels of engagement in operations other than war and smaller-scale contingencies and withdrawal from such operations and contingencies2 7v7 the intensity1 duration1 and military and political end-states of conflicts and smaller-scale contingencies that arise in the diplomatic1 development1 and security context2 7vi7 the anticipated roles and missions of the reserve components available to civilian agencies1 including capabilities and resources necessary to assure that such reserve components can capably discharge such roles and missions2 and 7vii7 the extent to which diplomatic1 development1 and security personnel need to be shifted to different regions to successfully carry out the full range of missions called for in the review2 7,b7 a description of the process by which the review was conducted1 including participation of personnel of the ,department of ,state and the ,united ,states ,agency for ,international ,development1 coordination and consultation with other ,federal agencies1 and consultations as required under subsection 7b72 and 7,c7 lessons learned during the review process and recommendations for improvements in future years4 7#b7 ,public availability ,the report required under this subsection shall be made publicly available on the ,internet upon transmission to the appropriate congressional committees4 #hajb4 ,comprehensive workforce and human resources strategy 7a7 ,plan required ,the ,administrator shall1 not later than #a year after the date of the enactment of this ,act and every #e years thereafter1 develop a comprehensive workforce and human resources strategy1 or review and modify as necessary the existing strategy1 to strengthen the capacity of the ,agency to carry out its mandate under section #ajbja4 7b7 ,contents ,the strategy required under subsection 7a7 shall include-- 7#a7 an assessment of the implications of current development strategies and foreign policy priorities for technical and policy expertise2 7#b7 the number1 types1 and level of specialists and generalists projected to be needed in each functional and geographic area1 including support1 management1 and administrative functions2 7#c7 the number1 types1 and level of specialists and generalists currently employed by the ,agency1 by bureau and office and by employment category2 7#d7 an analysis of the workloads and competencies of existing staff1 by bureau and office and by employment category2 7#e7 the impact on paragraphs 7#c7 and 7#d7 of projected retirement and attrition rates over the next #e years2 7#f7 the steps needed to recruit1 retain1 and develop the necessary professional expertise1 including through education and training1 details1 fellowships1 scholarships and exchanges2 7#g7 an assessment of the suitability of overseas facilities1 including security1 space1 health and safety1 physical integrity1 access and location considerations2 7#h7 a prioritized plan for capital improvements2 7#i7 projected human resource challenges1 including bureaucratic and legislative constraints1 and recommended options for meeting such challenges2 and 7#aj7 the assumptions regarding program and policy priorities and budget levels on which the strategy is based4 7c7 ,employment category ,for the purposes of this section1 the term employment category means the statutory authority under which an individual is employed1 and includes civil service1 ,foreign ,service1 excepted service1 personal services contractors1 detailees1 and locally employed staff4 7d7 ,transmission to congress ,the plan required under subsection 7a7 shall be transmitted to the appropriate congressional committees not later than #ahj days after the date of the enactment of this ,act1 and every #e years thereafter4 ,such plan may be updated at any time1 and such update shall be transmitted accordingly4 7e7 ,mid-,level hiring authority ,if the ,administrator certifies that such hiring is necessary to meet the workforce requirements of the ,agency as set forth in the plan required under subsection 7a71 the ,administrator is authorized1 notwithstanding section #cjg of the ,foreign ,service ,act of #aihj1 to hire up to #cj mid-career professionals1 which may include individuals currently employed as personal services contractors1 in each of the #c fiscal years following the date of the enactment of this ,act4 ,b ,monitoring and evaluation #hbja4 ,monitoring and evaluation of foreign assistance 7a7 ,in general ,the ,president shall develop and implement a rigorous system to evaluate the effectiveness and efficiency of foreign assistance4 7b7 ,components of system ,in order to avoid duplication1 ensure comprehensive coverage1 promote high and uniform standards1 and facilitate comparability of results and the development of a strong body of evidence1 the system required under subsection 7a7 shall include-- 7#a7 a method of coordinating evaluation activities among all ,federal agencies carrying out foreign assistance2 and 7#b7 a process for consulting with relevant stakeholders and subject matter experts1 as appropriate1 on the planning1 design1 and implementation of evaluation activities and dissemination of evaluation findings4 7c7 ,required actions ,in carrying out subsection 7a71 the ,president shall ensure that the head of each ,federal agency takes the following actions with regard to foreign assistance carried out by that agency3 7#a7 ,establish measurable and meaningful performance objectives1 including disaggregation by sex and age where appropriate4 7#b7 ,establish criteria for the selection of programs1 projects1 and activities to be subject to various evaluation methodologies1 with a particular emphasis on impact evaluation4 7#c7 ,establish or designate an organizational unit with adequate staff and resources to oversee and provide technical support for evaluation activities4 7#d7 ,develop a plan for improving the capacity of the agency to conduct rigorous1 relevant1 and objective program monitoring and evaluation1 including by-- 7,a7 providing relevant education and training opportunities2 7,b7 encouraging the adoption of improved methodologies for data collection and analysis2 and 7,c7 ensuring that best practices are shared within and between agencies4 7#e7 ,establish guidelines for enhancing1 in cooperation with other donors1 the capacity of partner countries to monitor the use of and evaluate the impact of donor assistance4 7#f7 ,establish a process for applying the findings and results of monitoring and evaluation activities1 including impact evaluation research1 into future program planning1 budgeting1 design1 and implementation4 7#g7 ,establish a policy for the publication of program evaluations4 7#h7 ,develop1 in consultation with relevant stakeholders an annual evaluation plan that describes how the agency will meet the requirements of this section4 7#i7 ,identify the source or mechanism of funding to conduct monitoring and evaluation of foreign assistance carried out by such agency4 7d7 ,submission of evaluation plans ,the ,president shall ensure that the evaluation plans required by subsection 7c77#h7 are submitted to the appropriate congressional committees each year along with the annual budget presentation1 and are published on a government ,internet website4 7e7 ,local performance ,to the extent feasible and appropriate1 evaluation activities carried out pursuant to the requirements of this section shall be carried out by1 or with the participation of1 organizations in the partner country4 7f7 ,definitions ,in this section3 7#a7 ,evaluation ,the term evaluation means the systematic and objective determination and assessment of the design1 implementation1 and results of an on-going or completed program1 project1 or activity1 including an explanation of the reasons or causes for the observed results4 7#b7 ,impact ,the term impact means a long-term effect of a program1 project1 or activity1 whether positive or negative1 direct or indirect1 intended or unintended4 7#c7 ,impact evaluation research ,the term impact evaluation research means the application of research methods and statistical analysis to measure the extent to which an impact can be attributed to a foreign assistance program1 project1 or activity rather than to other factors4 #hbjb4 ,monitoring and evaluation of humanitarian assistance 7a7 ,division of responsibilities ,the ,department of ,state shall be responsible for monitoring and evaluating humanitarian assistance carried out by the ,department of ,state1 and ,,usaid shall be responsible for monitoring and evaluating humanitarian assistance carried out by ,,usaid4 7b7 ,congressional notification ,the ,secretary or the ,administrator1 as appropriate1 shall notify the appropriate congressional committees if assistance made available under this subtitle is not sufficient to meet international humanitarian standards4 ,such notification shall include a description of the standards not being met1 the resources that would be required to meet such standards1 and the reasons why such resources are not available4 7c7 ,role of the office of food for peace ,the ,office of ,food for ,peace 7,,ffp7 of the ,agency shall be responsible for tracking and monitoring the nutritional outcomes of emergency food assistance provided under this ,act and title ,,ii of the ,agricultural ,trade ,development and ,assistance ,act of #aied 7,public ,law #hc-dhj74 7d7 ,monitoring and evaluation required ,the authorities of sections #aijd and #aije shall not be used to vitiate the requirement of section #hbja for monitoring and evaluation of foreign assistance4 ,c ,reporting requirements #hcja4 ,transparency and accountability in budgeting 7a7 ,in general ,the ,secretary1 the ,administrator1 and the ,chief ,executive ,officer of the ,millennium ,challenge ,corporation shall maintain an online database of information1 easily accessible to the public1 which contains the information described in subsection 7b7 for each project and activity within their respective areas of responsibility1 including for any project or activity for which funds are transferred to another ,federal agency for obligation4 7b7 ,database requirements 7#a7 ,content ,each project and activity shall be identified separately in such database1 and for each project and activity the database shall include1 at a minimum-- 7,a7 a brief description of the nature of the project or activity2 7,b7 the geographic location or locations in which the project or activity is being carried out2 7,c7 the specific objectives and timetable of the project or activity2 7,d7 the indicators1 which shall be quantitative wherever possible and relevant1 used to define the successful achievement of the goals of the project or activity2 7,e7 the number and demographic characteristics of the intended beneficiaries of the project or activity2 7,f7 each sector1 theme1 goal and objective toward which the project or activity will be counted2 7,g7 names and descriptions of the implementing partners of the project or activity2 7,h7 the amount of ,united ,states foreign assistance funds obligated for each such project or activity and the source of those funds2 7,i7 expenditures of funds for the project or activity on a quarterly basis2 7,j7 the contributions toward the project or activity provided by the partner country2 7,k7 any conditions placed on the use of ,united ,states ,government funds obligated for the project or activity1 and whether those conditions have been met2 7,l7 the evaluation and monitoring plan for each such project or activity2 7,m7 semiannual updates on results achieved to date for each such project or activity2 and 7,n7 if a project or activity has been extended1 suspended1 terminated1 or significantly modified1 the reasons for such action4 7#b7 ,administrative costs ,in addition to the information relating to specific projects and activities as required under paragraph 7#a71 the database shall contain1 for each overseas mission1 information on all overhead and administrative costs1 including-- 7,a7 for the previous fiscal year1 numbers of staff in each employment category1 housing and facilities operation and maintenance expenses1 salaries and benefits1 travel and transportation expenses1 and other support costs2 and 7,b7 for the coming fiscal year1 planned capital investments and projected staff increases or reductions4 7#c7 ,timing 7,a7 ,existing projects and activities ,for each project and activity in effect on the date of the enactment of this ,act1 the database shall be operative within #f months of such date of enactment4 7,b7 ,new projects and activities ,for each project and activity that has not received ,united ,states ,government funding as of the date of the enactment of this ,act1 the department or agency 7as the case may be7 shall enter into the database the information required by paragraph 7#a7 within #ij days from the date of the initial obligation of funds for the project or activity4 7#d7 ,modifications ,in the event of any changes or modifications in any of the elements of the database for a project or activity1 the database shall be updated as soon as possible but in no event later than #cj days from the date on which such changes or modifications have been approved and1 where applicable1 agreed to by the partner country4 7#e7 ,reports in lieu of inclusion ,if the ,secretary1 the ,administrator1 or the ,chief ,executive ,officer of the ,millennium ,challenge ,corporation1 as the case may be1 makes a determination that the inclusion of a required item of information in the database could reasonably be expected to jeopardize the health or safety of a private partner or program beneficiary or would be detrimental to the national interests of the ,united ,states1 such item of information may be submitted to the appropriate congressional committees in a non-public written report in lieu of including it in the database1 along the reasons for not including it in the database4 7#f7 ,structure ,the database required under this section shall be structured so that-- 7,a7 data may be uploaded from overseas missions2 and 7,b7 users may search the data by word and sort the data by field4 7c7 ,harmonization of data ,the information contained in the database required under subsection 7b7 shall include all information provided to the ,development ,assistance ,committee of the ,organization for ,economic ,cooperation and ,development and the ,international ,aid ,transparency ,initiative1 and should1 to the maximum extent possible1 be harmonized with the types1 categories and formats of information requested by such organization and such initiative4 7d7 ,definition ,in this section1 the terms project and activity mean a discrete assistance activity for which funds are made available1 including activities encompassed within a strategy1 compact1 agreement1 account or program of assistance4 #hcjb4 ,congressional budget justification 7a7 ,requirement for submission ,the ,president shall prepare1 and submit to the ,congress not later than ,february #a of each year1 a report justifying the resources requested for all foreign assistance programs4 7b7 ,materials ,to be included ,the report submitted pursuant to subsection 7a7 shall include-- 7#a7 a description of each planned country1 regional1 or centrally funded program for the coming fiscal year1 and the rationale for each such program2 7#b7 the dollar amount of each program-- 7,a7 as proposed for the coming fiscal year2 7,b7 as estimated for the current fiscal year2 and 7,c7 as allocated for the previous fiscal year2 and 7#c7 wherever possible1 a description of the results achieved for each such program in the previous #a to #e fiscal years4 #hcjc4 ,report on allocation of assistance under this ,act 7a7 ,report on allocations of assistance ,not later than #cj days after the date of the enactment of any law appropriating funds to carry out any provision of this ,act1 the ,president shall notify ,congress of-- 7#a7 each foreign country1 international organization1 regional program1 and centrally funded program for which the ,united ,states ,government intends to provide any portion of the funds under such law2 and 7#b7 the amount of funds under such law1 by category of assistance1 that the ,united ,states ,government intends to provide to each such country1 organization1 and program4 7b7 ,exception ,subsection 7a7 does not apply with respect to any law making continuing appropriations4 7c7 ,use of special authority ,the authority of section #ifjc may not be used to waive the provisions of this section4 #hcjd4 ,security assistance database 7a7 ,database required ,the ,secretary shall maintain an online database which contains the information described in subsection 7b74 ,such database may be combined with the database required under section #hcja4 7b7 ,content ,the database required under subsection 7a7 shall include-- 7#a7 the type1 dollar value1 and quantity of defense articles 7including excess defense articles71 defense services1 and international military education and training furnished by the ,united ,states to each foreign country and international organization2 7#b7 the provision of law under which such article1 service1 and education or training was furnished2 7#c7 the dollar value1 quantity1 and end user of semiautomatic assault weapons1 or spare parts for such weapons1 the manufacture1 transfer1 or possession of which is unlawful under section #ibb of title #ah1 ,united ,states ,code1 receiving a license for export2 and 7#d7 for military education and training provided to foreign military personnel1 the type of training1 the number of foreign military personnel trained1 their units of operation1 and the location of the training4 7c7 ,military education and training 7#a7 ,recordkeeping ,with respect to military education and training provided under subsection 7b77#d71 the ,secretary of ,defense shall develop and maintain records1 which shall not be subject to the requirements for public availability in subsection 7e71 for each foreign military and defense participant in military education and training activities conducted under this or any other ,act4 ,such database shall be made available to the ,secretary of ,state and shall include the type of instruction received1 the dates and location of such instruction1 whether such instruction was completed successfully1 and1 to the extent practicable1 the person's subsequent military or defense ministry career and current position and location4 7#b7 ,report on violations ,not later than ,march #a of each year1 the ,secretary of ,state shall submit to the appropriate congressional committees a report describing any involvement of a foreign military or defense participant in military education and training activities under this or any other ,act in a violation of internationally recognized human rights subsequent to such participation4 ,such report shall be in unclassified form1 but may include a classified annex4 7#c7 ,addition to database ,the ,secretary of ,defense shall ensure that the database required under subsection 7a7 is updated to include the information reported to ,congress pursuant to paragraph 7#b7 7d7 ,timing ,the ,secretary shall ensure that the database required under this section is operative not later than #ahj days after the date of the enactment of this ,act1 and shall prescribe such procedures as are necessary to ensure that the required information is entered into the database in a timely manner and continuously updated4 7e7 ,public availability ,the database required under this section shall be made publicly available on the ,internet and shall be structured so that users may search the data by word and sort the data by field4 7f7 ,form ,the database described in subsection 7a7 shall be in unclassified form and shall exclude any activity that is reportable under title ,v of the ,national ,security ,act of #aidg4 #hcje4 ,classification of reports 7a7 ,in general ,unless otherwise specifically provided by law1 all information contained in any report required to be provided to ,congress under this ,act shall be in unclassified form and shall be made available to the public4 7b7 ,exception ,if the ,president determines that publication of a specific item of information in any such report would be detrimental to the security of the ,united ,states1 such item of information may be provided to ,congress in a supplemental report in classified form along with an explanation of why publication of such specific item would be detrimental to the security of the ,united ,states4 ,d ,congressional notification procedures #hdja4 ,notification of program changes 7a7 ,notification of program changes ,unless the appropriate congressional committees are notified at least #ae days in advance1 funds appropriated for a fiscal year to carry out this ,act may not be obligated for any assistance or contributions under this ,act-- 7#a7 for a ,country ,development ,cooperation ,strategy1 or any significant revision thereof1 which has not been transmitted to the appropriate congressional committees in accordance with section #ajah2 7#b7 for a country1 international organization1 regional program1 or centrally funded program for which assistance was not included in a ,country ,development ,cooperation ,strategy1 or was not justified in congressional budget justification documents for that fiscal year2 7#c7 more than #aj percent in excess of the amount allocated pursuant to section #hcjc for that country1 international organization1 regional program1 or centrally funded program for that fiscal year2 7#d7 for a strategy or objective not justified to ,congress for that country1 international organization1 regional program1 or centrally funded program2 7#e7 for a nonproject assistance activity2 or 7#f7 in the case of assistance administered through the ,department of ,defense under this ,act1 for the provision of major defense equipment 7other than conventional ammunition7 or aircraft1 ships1 missiles1 or combat vehicles not previously justified to ,congress1 or more than ten percent in excess of the quantities justified to ,congress4 7b7 ,appropriations subject to requirements ,subsection 7a7 applies with respect to all funds appropriated for assistance and contributions under this ,act other than-- 7#a7 subtitles ,a and ,b of title ,,vii 7relating to the ,overseas ,private ,investment ,corporation and the ,trade and ,development ,agency1 respectively72 7#b7 section #aaca 7relating to the development credit authority72 7#c7 section #bjbe 7relating to transition initiatives72 7#d7 section #bjbb 7relating to complex crisis1 stabilization1 and prevention fund72 and 7#e7 humanitarian assistance4 7c7 ,waiver ,the requirements of subsection 7a7 may be waived if the ,president-- 7#a7 determines that doing so is necessitated by emergency circumstances2 7#b7 notifies the appropriate congressional committees as early as practicable1 but in no event later than three days after taking the action to which such notification requirement was applicable2 and 7#c7 includes in such notification an explanation of the circumstances necessitating the use of the authority of this subsection4 #hdjb4 ,congressional notification parity ,the ,president shall ensure that the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate are notified to the same degree and with the same conditions as the ,committees on ,appropriations are notified by the executive branch regarding any matter relating to foreign assistance4 ,the requirements of this section are in addition to1 and not in lieu of1 other congressional notification requirements4 #hdjc4 ,presidential findings and determinations 7a7 ,written determinations ,in any case in which the ,president is required to make a report to the ,congress1 or to any committee or officer of either ,house of ,congress1 concerning any finding or determination under any provision of this ,act or related appropriations ,act1 such finding or determination shall be reduced to writing and signed by the ,president4 7b7 ,effective date ,no action shall be taken pursuant to any such finding or determination prior to the date on which that finding or determination has been reduced to writing and signed by the ,president4 7c7 ,publication ,each such finding or determination shall be published on the ,internet and in the ,federal ,register as soon as practicable after it has been reduced to writing and signed by the ,president4 ,in any case in which the ,president concludes that such publication would be harmful to the national security of the ,united ,states1 only a statement that a determination or finding has been made by the ,president1 including the name and section of the ,act under which it was made1 shall be published4 ,,ix ,policy ,restrictions and ,special ,authorities ,a ,policy ,restrictions #ijja4 ,definitions ,in this title3 7#a7 ,foreign terrorist organization ,the term foreign terrorist organization means an organization designated as a foreign terrorist organization by the ,secretary of ,state in accordance with section #bai7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahi7;a774 7#b7 ,government 7,a7 ,in general ,the term government1 when used with respect to a foreign country-- 7i7 means the national government of the foreign country2 and 7ii7 includes-- 7,i7 the government of any political subdivision of the foreign country2 and 7,,ii7 any agency or instrumentality of the national government or government of any political subdivision of the foreign country4 7,b7 ,agency or instrumentality defined ,for purposes of subparagraph 7,a71 the term agency or instrumentality of the national government or government of any political subdivision of the country means an agency or instrumentality of a foreign state as defined in section #afjc7;b7 of title #bh1 ,united ,states ,code1 with each reference in such section to a foreign state deemed to be a reference to the foreign country4 7#c7 ,provide ,the term provide includes-- 7,a7 the obligation and expenditure of funds2 and 7,b7 the sale1 lease1 grant1 transfer1 stockpiling and delivery of foreign assistance4 7#d7 ,state sponsor of drug trafficking ,the term state sponsor of drug trafficking means a foreign government that is the subject of a determination under section #icjb7;a7 which has not been waived or rescinded4 7#e7 ,state sponsor of terrorism ,the term state sponsor of terrorism means a foreign government that is the subject of a determination under section #idja7;a7 which has not been waived or rescinded4 7#f7 ,international terrorism ,the term international terrorism has the meaning given the term in section #bcca of title #ah1 ,united ,states ,code4 #a ,human ,rights #iaja4 ,prohibition on assistance to governments that engage in violations of human rights 7a7 ,in general ,no foreign assistance may be provided1 and no licenses may be issued under the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act7 for the export of crime control and detection instruments and equipment1 to a foreign government which the ,secretary determines engages in a consistent pattern of gross violations of internationally recognized human rights1 including-- 7#a7 mass atrocities2 7#b7 torture or cruel1 inhuman1 or degrading treatment or punishment2 7#c7 prolonged detention without charges and trial2 7#d7 causing the disappearance of persons by the abduction and clandestine detention of those persons2 or 7#e7 other flagrant denial of the right to life1 liberty1 and the security of person4 7b7 ,expiration of determinations ,a determination of the ,secretary under subsection 7a7 shall remain in effect until rescinded4 7c7 ,rescission of determinations ,a determination of the ,secretary under subsection 7a7 with respect to a foreign government may not be rescinded unless the ,president submits to the appropriate congressional committees a report certifying that the government has substantially improved its human rights record and no longer engages in any of the actions described in subsection 7a74 7d7 ,publication ,a determination made under subsection 7a7 or a report submitted under subsection 7c7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7e7 ,list ,the ,secretary shall include in the annual report required by section #hcjb 7relating to congressional budget justification7 a list of foreign governments for which determinations under subsection 7a7 are currently in effect and the date on which each such determination became effective4 7f7 ,considerations ,in determining whether or not a foreign government meets the criteria described in subsection 7a71 the ,secretary shall consider-- 7#a7 the extent of cooperation of the government in permitting an unimpeded investigation of alleged violations of internationally recognized human rights by appropriate international organizations1 including the ,international ,committee of the ,red ,cross1 or groups or persons acting under the authority of such organizations2 7#b7 specific actions which have been taken by the ,president or ,congress because of the human rights practices or policies of the government2 and 7#c7 whether the government has engaged in or tolerated particularly severe violations of religious freedom 7as such term is defined in section #c of the ,international ,religious ,freedom ,act of #aiih74 7g7 ,waiver ,assistance prohibited by subsection 7a7 may be provided1 and licenses may be issued1 to a foreign government described in that subsection if1 at least #ae days before providing such assistance1 the ,president submits to the relevant congressional committees-- 7#a7 a certification that-- 7,a7 extraordinary circumstances exist warranting the provision of such assistance or the issuance of such license2 and 7,b7 the interests of providing such assistance or issuing such license outweigh the interests of protecting internationally recognized human rights2 and 7#b7 a report describing-- 7,a7 the types and amounts of assistance to be provided or licenses to be issued pursuant to the waiver2 7,b7 the justification for such waiver2 and 7,c7 the time period for which such waiver will be effective4 7h7 ,definitions ,in this section-- 7#a7 the term genocide means an offense as described in section #ajia of title #ah1 ,united ,states ,code2 and 7#b7 the term relevant congressional committees means-- 7,a7 the appropriate congressional committees2 and 7,b7 in the case of licenses to be issued under the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act7 for the export of crime control and detection instruments and equipment1 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate4 #iajb4 ,prohibition on assistance to certain human rights violators 7a7 ,in general ,no foreign assistance may be provided to-- 7#a7 any unit of the security forces of a foreign government1 7#b7 any agency or instrumentality of a foreign government1 or 7#c7 a private partner1 if the ,secretary has credible information that such unit1 agency or instrumentality1 or private partner1 as the case may be1 has committed a gross violation of internationally recognized human rights4 7b7 ,exception ,the prohibition in subsection 7a7 shall not apply if the ,secretary determines and reports to the appropriate congressional committees that effective steps and corrective measures are being taken to bring the responsible members of such unit1 agency or instrumentality1 or private partner1 as the case may be1 to justice4 7c7 ,duty ,to inform 7#a7 ,in general ,in the event that funds are withheld from any unit pursuant to this section1 the ,secretary shall promptly inform the foreign government of the basis for such action and shall1 to the maximum extent practicable1 assist the government in taking effective measures to bring the responsible members of such unit to justice4 7#b7 ,publication ,the ,secretary shall make publicly available on the ,internet website of the ,department of ,state the identity of each unit for which there is credible information that such unit has committed a gross violation of internationally recognized human rights4 7#c7 ,exception ,the requirements of paragraphs 7#a7 and 7#b7 shall not apply if the ,secretary determines such application would compromise ,united ,states sources and methods or would jeopardize the health1 safety1 or human rights of a witness or informant4 7d7 ,credible information ,the ,secretary shall establish1 and periodically update1 procedures to-- 7#a7 maintain a current list of each foreign country with respect to which the ,united ,states provides training1 equipment1 or other types of assistance to any unit of the security forces of the government of such country2 7#b7 facilitate receipt by the ,department of ,state and ,united ,states embassies of information from individuals and organizations outside the ,united ,states ,government about gross violations of internationally recognized human rights by any entity described in paragraph 7#a71 7#b71 or 7#c7 of subsection 7a72 7#c7 routinely request and obtain such information from the ,department of ,defense1 the ,central ,intelligence ,agency1 and other ,united ,states ,government sources departments and agencies2 7#d7 synchronize information obtained from all sources2 7#e7 ensure that such information is evaluated and preserved2 7#f7 ensure that when vetting an individual for eligibility to receive ,united ,states training the individual's unit is also vetted2 and 7#g7 seek to identify the unit involved when credible information of a gross violation of internationally recognized human rights exists but the identity of the unit is lacking4 7e7 ,investigations 7#a7 ,in general ,the ,secretary is authorized to use funds made available under title ,,iii or title ,,iv for purposes of gathering1 receiving1 preserving1 investigating1 and evaluating evidence of gross violations of internationally recognized human rights by any entity described in paragraph 7#a71 7#b71 or 7#c7 of subsection 7a74 7#b7 ,supplement not supplant ,funds made available under paragraph 7#a7 are in addition to amounts otherwise made available for the purposes described in paragraph 7#a74 7f7 ,definitions ,in this section-- 7#a7 the term agency or instrumentality of a foreign government means an agency or instrumentality of a foreign state as defined in section #afjc7;b7 of title #bh1 ,united ,states ,code2 and 7#b7 the term unit means the smallest unit operating in the field4 #iajc4 ,prohibition on assistance to governments following coups d'tat 7a7 ,in general ,no foreign assistance may be provided to a foreign government whose duly elected leader the ,secretary determines has been deposed by violence or threat of violence4 7b7 ,exceptions ,the prohibition in subsection 7a7 shall not apply with respect to a foreign government if the ,secretary determines and reports to the appropriate congressional committees that-- 7#a7 the purpose and effect of the deposition was to restore democratic governance2 or 7#b7 subsequent to the deposition1 a democratically elected government has taken office4 7c7 ,publication ,a determination made under subsection 7a7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7d7 ,waiver ,assistance prohibited by subsection 7a7 may be provided to a foreign government described in that subsection if1 at least #ae days before providing assistance1 the ,secretary submits to the appropriate congressional committees-- 7#a7 a certification that providing assistance is important to the national security interest of the ,united ,states2 and 7#b7 a report describing-- 7,a7 the types and amounts of assistance to be provided pursuant to the waiver2 7,b7 the justification for the waiver2 and 7,c7 the time period for which the waiver will be effective4 #iajd4 ,prohibition on assistance to governments that prohibit or impede delivery of humanitarian assistance 7a7 ,in general ,no foreign assistance may be provided to a foreign government which the ,secretary determines prohibits or impedes the delivery of humanitarian assistance4 7b7 ,publication ,a determination made under subsection 7a7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7c7 ,waiver ,assistance prohibited by subsection 7a7 may be provided to a foreign government described in that subsection if1 at least #ae days before providing assistance1 the ,secretary certifies and reports to the appropriate congressional committees that to do so is in the national security interest of the ,united ,states4 #iaje4 ,prohibition on use of funds to support or justify torture 7a7 ,in general ,no funds made available to carry out this ,act may be made available to support or justify the use of torture or cruel1 inhuman1 or degrading treatment or punishment by any official or contract employee of the ,united ,states ,government4 7b7 ,reporting of abuses ,the ,secretary shall submit to the appropriate congressional committees a report of any credible information that an official or contract employee of the ,united ,states ,government has engaged in a violation of subsection 7a74 #iajf4 ,prohibition on assistance to governments engaged in intimidation and harassment against individuals in the ,united ,states 7a7 ,in general ,no foreign assistance may be provided to a foreign government which the ,secretary determines is engaged in a consistent pattern of acts of intimidation or harassment directed against individuals in the ,united ,states4 7b7 ,publication ,a determination made under subsection 7a7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7c7 ,determinations ,the ,secretary shall report a determination under section 7a7 to the appropriate congressional committees4 #b ,non-,proliferation #ibja4 ,prohibition on assistance to governments that transfer nuclear enrichment equipment1 materials1 or technology 7a7 ,in general ,no foreign assistance may be provided to a foreign government which the ,secretary determines has delivered or received nuclear enrichment equipment1 materials1 or technology to or from any other country on or after ,august #d1 #aigg4 7b7 ,exception ,the prohibition in subsection 7a7 shall not apply with respect to a foreign government if-- 7#a7 the receiving country had not been designated as a state sponsor of terrorism before delivery of such equipment1 materials1 or technology2 7#b7 the supplying and receiving countries have reached agreement to place all such equipment1 materials1 or technology1 upon delivery1 under multilateral auspices and management when available2 7#c7 the transfers of all such equipment1 materials1 or technology occur in compliance with the ,guidelines of the ,nuclear ,suppliers ,group2 and 7#d7 the receiving country has entered into an agreement with the ,international ,atomic ,energy ,agency 7,,iaea7 to place all such equipment1 materials1 technology1 and all nuclear fuel and facilities in the country under the safeguards system of the ,,iaea1 and is complying with such agreement4 7c7 ,expiration of determinations ,a determination of the ,secretary under subsection 7a7 shall remain in effect until rescinded4 7d7 ,rescission of determinations ,a determination of the ,secretary under subsection 7a7 with respect to a foreign government may not be rescinded unless the ,president submits to the appropriate congressional committees a report certifying that-- 7#a7 there has been a fundamental change in the leadership and policies of the government2 or 7#b7 the government has entered into an agreement with the ,,iaea to place all such equipment1 materials1 technology1 and all nuclear fuel and facilities in such country under the safeguards system of the ,,iaea1 and is complying with such agreement4 7e7 ,publication ,a determination made under subsection 7a7 or a report submitted under subsection 7d7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7f7 ,list ,the ,secretary shall include in the annual report required by section #hcjb 7relating to congressional budget justification7 a list of governments for which determinations under subsection 7a7 are currently in effect4 7g7 ,waiver ,assistance prohibited by subsection 7a7 may be provided to a foreign government described in that subsection if1 at least #ae days before providing such assistance1 the ,president certifies and reports to the appropriate congressional committees that-- 7#a7 the termination of such assistance would have a serious adverse effect on vital ,united ,states interests2 and 7#b7 the ,president has received reliable assurances that the government-- 7,a7 if a government of a non-nuclear weapon state-- 7i7 will not acquire or develop nuclear weapons or assist other countries in doing so2 and 7ii7 will ensure that all past and future transfers of such equipment1 materials1 or technology shall be placed under an appropriate safeguards system by the ,,iaea2 and 7,b7 has taken or will take effective measures to ensure any future transfers of such equipment1 materials1 or technology are made in accordance with the ,guidelines of the ,nuclear ,suppliers ,group4 7h7 ,resolution of disapproval 7#a7 ,in general ,a rescission under subsection 7d7 or waiver under subsection 7g7 of a determination under subsection 7a7 shall cease to be effective if ,congress enacts a joint resolution disapproving the proposed rescission or waiver4 7#b7 ,joint resolution described ,for the purposes of paragraph 7#a71 the term joint resolution means only a joint resolution introduced not later than #cj days after the date of receipt of a report under subsection 7d7 or 7g71 as the case may be1 the matter after the resolving clause of which is as follows3 ,that the proposed submitted to ,congress on under section #ibja of the ,global ,partnerships ,act of #bjac is hereby prohibited41 with the first blank space being filled with rescission or waiver1 as appropriate1 and the second blank space being filled with the appropriate date4 7#c7 ,congressional procedures ,a joint resolution described in paragraph 7#b7 and introduced within the appropriate #cj-;day period shall be considered in the ,senate and the ,house of ,representatives in accordance with paragraphs 7#c7 through 7#g7 of section #hjff7;c7 of the ,department of ,defense ,appropriations ,act1 #aihe 7as contained in ,public ,law #ih-dgc71 except that references in such paragraphs to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate shall be deemed to be references to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate1 respectively4 #ibjb4 ,prohibition on assistance to governments that transfer nuclear reprocessing equipment1 materials1 or technology or nuclear explosive devices 7a7 ,prohibition 7#a7 ,in general ,no foreign assistance may be provided1 and no loans or credit by a ,united ,states bank or financial institution extended1 no goods subject to licensing by the ,united ,states for national security or foreign policy reasons exported1 and no support by the ,united ,states given for any loan or financial or technical assistance by an international financial institution1 to a government which the ,president determines-- 7,a7 transfers to a non-nuclear-weapon state a nuclear explosive device1 or any design information or component which is determined by the ,president to be important to1 and known by the transferring government to be intended by the recipient state for use in1 the development or manufacture of any nuclear explosive device2 7,b7 is a non-nuclear-weapon state and-- 7i7 receives a nuclear explosive device2 7ii7 detonates a nuclear explosive device2 7iii7 seeks and receives any design information or component which is determined by the ,president to be important to1 and intended by the recipient state for use in1 the development or manufacture of any nuclear explosive device2 or 7iv7 on or after ,august #h1 #aihe1 exports illegally 7or attempts to export illegally7 from the ,united ,states any material1 equipment1 or technology which would contribute significantly to the ability of such country to manufacture a nuclear explosive device1 if the ,president determines that the material1 equipment1 or technology was to be used by such country in the manufacture of a nuclear explosive device1 or 7,c7 delivers nuclear reprocessing equipment1 materials1 or technology to any other country or receives such equipment1 materials1 or technology from any other country1 on or after ,august #d1 #aigg4 7#b7 ,rule of construction ,for purposes of paragraph 7#a77;,b77#d71 an export 7or attempted export7 by a person who is an agent of1 or is otherwise acting on behalf of or in the interests of1 a country shall be considered to be an export 7or attempted export7 by that country4 7b7 ,exception ,the prohibitions under subsection 7a7 shall not apply-- 7#a7 to any transaction subject to the reporting requirements of title ,v of the ,national ,security ,act of #aidg 7relating to congressional oversight of intelligence activities72 7#b7 to medicines1 medical equipment1 and humanitarian assistance2 or 7#c7 to any credit1 credit guarantee1 or financial assistance provided by the ,department of ,agriculture to support the purchase of food or other agricultural commodity4 7c7 ,waiver 7#a7 ,in general ,assistance prohibited by subsection 7a7 may be provided to a government described in that subsection if the ,president determines and certifies to the appropriate congressional committees that the termination of such assistance would be seriously prejudicial to the achievement of ,united ,states nonproliferation objectives or otherwise jeopardize the common defense and security4 7#b7 ,special authority ,assistance prohibited by subsection 7a77#a77;,b77ii7 may be provided to a foreign government described in that subsection if the ,president determines and certifies to the appropriate congressional committees that the government has taken a significant compensatory nonproliferation action1 such as the declaration of an unlimited moratorium on further nuclear detonations1 the signature and entry-into-force of a legally binding international instrument prohibiting the production of additional fissile nuclear material1 or similar action4 7#c7 ,effective date ,a certification under paragraph 7#a7 or 7#b7 shall not take effect until #cj days of continuous session of ,congress have elapsed after its submission4 ,for purposes of this paragraph1 continuity of session of ,congress is broken only by an adjournment of ,congress sine die and the days on which either ,house is not in session because of an adjournment of more than #c days to a day certain are excluded in the computation of any period of time in which ,congress is in continuous session4 7#d7 ,non-delegation or transfer ,the ,president may not delegate or transfer the ,president's power1 authority1 or discretion to make or modify determinations under this subsection4 7d7 ,resolution of disapproval 7#a7 ,in general ,a waiver under subsection 7c7 of a determination under subsection 7a7 shall cease to be effective if ,congress enacts a joint resolution disapproving the proposed waiver4 7#b7 ,joint resolution described ,for the purposes of paragraph 7#a71 the term joint resolution means only a joint resolution introduced not later than #cj days of continuous session of ,congress 7as described in subsection 7c77#c77 after receipt of a certification under subsection 7c71 the matter after the resolving clause of which is as follows3 ,that the proposed waiver under section #ibjb7;c7 of the ,global ,partnerships ,act of #bjac is hereby prohibited44 7#c7 ,congressional procedures ,a joint resolution described in paragraph 7#b7 and introduced within the appropriate period shall be considered in the ,senate and the ,house of ,representatives in accordance with paragraphs 7#c7 through 7#g7 of section #hjff7;c7 of the ,department of ,defense ,appropriations ,act1 #aihe 7as contained in ,public ,law #ih-dgc71 except that references in such paragraphs to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate shall be deemed to be references to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate1 respectively4 7e7 ,definitions ,in this section-- 7#a7 the term non-nuclear-weapon state has the meaning given the term in section #hcj7e7 of the ,nuclear ,proliferation ,prevention ,act of #aiid 7#bb ,u4,s4,c4 #fcje7e772 and 7#b7 the term nuclear explosive device has the meaning given that term in section #hcj7d7 of the ,nuclear ,proliferation ,prevention ,act of #aiid 7#bb ,u4,s4,c4 #fcje7d774 #ibjc4 ,security assistance to ,pakistan 7a7 ,in general ,security assistance may be provided to ,pakistan after the ,secretary makes a certification in accordance with subsection 7b74 7b7 ,certification ,not less than #ae days before providing security assistance for ,pakistan in a fiscal year1 the ,secretary shall transmit a certification to the appropriate congressional committees that-- 7#a7 the ,government of ,pakistan is continuing to safeguard its nuclear weapons-related facilities1 material1 and technology from theft and terrorist attack2 and 7#b7 the ,government of ,pakistan during the preceding fiscal year has demonstrated a sustained commitment to and is making significant efforts towards combating terrorist groups1 taking into account the extent to which the ,government of ,pakistan has made progress on matters such as-- 7,a7 ceasing support1 including by any elements within the ,pakistan military or its intelligence agency1 to extremist and terrorist groups1 particularly to any group that has conducted attacks against ,united ,states or coalition forces in ,afghanistan1 or against the territory or people of neighboring countries2 7,b7 preventing al ,qaeda1 the ,taliban and associated terrorist groups1 such as ,lashkar-e-,taiba1 the ,haqqani ,network and ,jaish-e-,mohammed1 from operating in the territory of ,pakistan1 including by stopping cross-border attacks into neighboring countries1 closing terrorist camps in the ,federally ,administered ,tribal ,areas1 dismantling terrorist bases of operations in other parts of the country1 including ,quetta and ,muridke1 and taking action when provided with intelligence about high-level terrorist targets2 and 7,c7 strengthening counterterrorism and anti-money laundering laws4 7c7 ,waiver 7#a7 ,in general ,the ,secretary may waive the requirement contained in subsection 7a7 for a fiscal year if the ,secretary determines that is important to the national security interests of the ,united ,states to do so4 7#b7 ,prior notice of waiver ,the authority of paragraph 7#a7 may not be exercised until #g days after the ,secretary provides to the appropriate congressional committees a written notice of the intent to issue a waiver and the reasons therefor4 ,the notice may be submitted in classified or unclassified form1 as necessary4 7d7 ,effective date ,the provisions of this section shall take effect on the date on which section #bjc of the ,enhanced ,partnership with ,pakistan ,act of #bjji 7,public ,law #aaa-gc7 ceases to be effective4 #c ,narcotics #icja4 ,prohibition on assistance to drug traffickers 7a7 ,in general ,the ,secretary shall take all reasonable steps to ensure that foreign assistance is not provided to or through any individual or entity that the ,secretary knows or has reason to believe-- 7#a7 has been convicted of a violation of1 or a conspiracy to violate1 any law or regulation of the ,united ,states or a foreign country relating to narcotic or psychotropic drugs or other controlled substances2 or 7#b7 is or has been an illicit trafficker in any such controlled substance or is or has been a knowing assistor1 abettor1 conspirator1 or colluder with others in the illicit trafficking in any such substance4 7b7 ,regulations ,the ,secretary shall issue regulations to carry out this section4 7c7 ,congressional notification ,regulations issued pursuant to subsection 7b7 shall be submitted to the appropriate congressional committees before they take effect4 7d7 ,united ,states defined ,in this section1 the term ,united ,states includes each ,state of the several ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 ,american ,samoa1 ,guam1 the ,commonwealth of the ,northern ,mariana ,islands1 the ,virgin ,islands of the ,united ,states1 and any other territory or possession of the ,united ,states4 #icjb4 ,prohibition on assistance to state sponsors of drug trafficking 7a7 ,in general ,no foreign assistance may be provided to a foreign government which the ,secretary determines has expressly consented to1 or with knowledge1 allowed1 tolerated1 or disregarded the recurring use of any part of the land1 waters1 or airspace of the country for the transit1 production1 or financing of illicit narcotics4 7b7 ,expiration of determinations ,a determination of the ,secretary under subsection 7a7 shall remain in effect until rescinded4 7c7 ,rescission of determinations ,a determination of the ,secretary under subsection 7a7 with respect to a government may not be rescinded unless the ,president submits to the appropriate congressional committees a report certifying that such government no longer expressly consents to1 or with knowledge1 allows1 tolerates1 or disregards the recurring use of any part of the land1 waters1 or airspace of the country for the transit1 production1 or financing of illicit narcotics4 7d7 ,publication ,a determination made under subsection 7a7 and a report submitted under subsection 7c7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7e7 ,list ,the ,secretary shall include in the annual report required by section #hcjb 7relating to congressional budget justification7 a list of governments for which determinations under subsection 7a7 are currently in effect and the date on which each determination became effective4 7f7 ,waiver ,assistance prohibited by subsection 7a7 may be provided to a government described in that subsection if1 at least #ae days before providing assistance1 the ,president submits to the appropriate congressional committees-- 7#a7 a certification that national security interests or humanitarian reasons justify such a waiver2 and 7#b7 a report describing-- 7,a7 the type and amount of assistance to be provided pursuant to the waiver2 7,b7 the justification for such waiver2 and 7,c7 the time period for which such waiver will be effective4 #icjc4 ,prohibition on reimbursements for drug crop eradications ,no foreign assistance may be made available to reimburse persons in foreign countries for the eradication of their illicit drug crops4 #d ,terrorism ,a ,general provisions #idja4 ,prohibition on assistance to state sponsors of terrorism 7a7 ,in general ,no foreign assistance may be provided to a foreign government which the ,secretary determines-- 7#a7 has repeatedly provided support for acts of international terrorism2 or 7#b7 is controlled by an organization designated as a terrorist organization under section #bai of the ,immigration and ,nationality ,act4 7b7 ,expiration of determinations ,a determination of the ,secretary under subsection 7a7 shall remain in effect until rescinded4 7c7 ,rescission of determinations ,a determination of the ,secretary under subsection 7a7 with respect to a government may not be rescinded unless the ,president submits to the appropriate congressional committees-- 7#a7 before the proposed rescission would take effect1 a report certifying that-- 7,a7 there has been a fundamental change in the leadership and policies of the government2 7,b7 the government is not supporting acts of international terrorism2 and 7,c7 the government has provided assurances that it will not support acts of international terrorism in the future2 or 7#b7 at least #de days before the proposed rescission would take effect1 a report justifying the rescission and certifying that-- 7,a7 the government has not provided any support for international terrorism during the preceding #f-month period2 and 7,b7 the government has provided assurances that it will not support acts of international terrorism in the future4 7d7 ,publication ,a determination made under subsection 7a7 or a report submitted under subsection 7c7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7e7 ,list ,the ,secretary shall include in the annual report required by section #hcjb 7relating to congressional budget justification7 a list of governments for which determinations under subsection 7a7 are currently in effect4 7f7 ,waiver ,assistance prohibited by subsection 7a7 may be provided to a foreign government described in that subsection if1 at least #ae days before providing assistance1 the ,president submits to the appropriate congressional committees-- 7#a7 a certification that national security interests or humanitarian reasons justify a such a waiver2 and 7#b7 a report describing-- 7,a7 the type and amount of assistance to be provided pursuant to the waiver2 7,b7 the justification for such waiver2 and 7,c7 the time period for which such waiver will be effective4 7g7 ,resolution of disapproval 7#a7 ,in general ,a rescission under subsection 7c77#b7 or a waiver under subsection 7f7 of a determination under subsection 7a7 shall cease to be effective if ,congress enacts a joint resolution disapproving the proposed rescission or waiver4 7#b7 ,joint resolution described ,for the purposes of paragraph 7#a71 the term joint resolution means only a joint resolution introduced not later than #de days after the date of receipt of a report under subsection 7c77#b7 or not later than #ae days after receipt of a certification under subsection 7f71 as the case may be1 the matter after the resolving clause of which is as follows3 ,that the proposed submitted to ,congress on under section #idja of the ,global ,partnerships ,act of #bjac is hereby prohibited41 with the first blank space being filled with rescission or waiver1 as appropriate1 and the second blank space being filled with the appropriate date4 7#c7 ,congressional procedures ,a joint resolution described in paragraph 7#b7 and introduced within the appropriate period shall be considered in the ,senate and the ,house of ,representatives in accordance with paragraphs 7#c7 through 7#g7 of section #hjff7;c7 of the ,department of ,defense ,appropriations ,act1 #aihe 7as contained in ,public ,law #ih-dgc71 except that references in such paragraphs to the ,committees on ,appropriations of the ,house of ,representatives and the ,senate shall be deemed to be references to the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate1 respectively4 7h7 ,definition ,in this section1 the term support for acts of international terrorism includes-- 7#a7 expressly consenting to1 or with knowledge1 allowing1 tolerating1 or disregarding the recurring use of any part of the land1 waters1 or airspace of the country by a terrorist or terrorist organization-- 7,a7 to carry out terrorist activities1 including training1 financing1 and recruitment2 or 7,b7 as a transit point2 7#b7 granting sanctuary from prosecution to any individual or group which has committed an act of international terrorism2 or 7#c7 willfully aiding or abetting-- 7,a7 the international proliferation of nuclear explosive devices to individuals or groups2 7,b7 the acquisition by individuals or groups of unsafeguarded special nuclear material2 and 7,c7 the efforts of an individual or group to use1 develop1 produce1 stockpile1 or otherwise acquire chemical1 biological1 or radiological weapons4 #idjb4 ,prohibition on assistance to foreign governments supporting state sponsors of terrorism 7a7 ,in general ,no foreign assistance may be provided to a foreign government which the ,secretary determines provides assistance 7other than humanitarian assistance7 to1 or transfers lethal military equipment to1 a state sponsor of terrorism4 7b7 ,applicability ,the prohibition in subsection 7a7 shall apply only to assistance provided or transfers made after the date on which a government was designated as a state sponsor of terrorism4 7c7 ,expiration of determinations ,a determination of the ,secretary under subsection 7a7 shall remain in effect until rescinded4 7d7 ,rescission of determinations ,a determination of the ,secretary under subsection 7a7 with respect to a government may not be rescinded unless the ,president submits to the appropriate congressional committees a report certifying that-- 7#a7 the government has not provided assistance or transferred lethal military equipment to a state sponsor of terrorism during the preceding #ab-month period2 7#b7 there has been a fundamental change in the leadership and policies of the government2 and 7#c7 the government has provided assurances that it will not provide assistance or transfer lethal military equipment to a state sponsor of terrorism in the future4 7e7 ,publication ,a determination made under subsection 7a7 and a report submitted under subsection 7d7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7f7 ,list ,the ,secretary shall include in the annual report required by section #hcjb 7relating to congressional budget justification7 a list of governments for which determinations under subsection 7a7 are currently in effect4 7g7 ,waiver ,assistance prohibited by subsection 7a7 may be provided to a government described in that subsection if1 at least #ae days before providing assistance1 the ,president submits to the appropriate congressional committees-- 7#a7 a certification that providing foreign assistance to the government is important to the national interests of the ,united ,states2 and 7#b7 a report describing-- 7,a7 the type and amount of assistance to be provided pursuant to the waiver2 7,b7 the justification for such waiver2 and 7,c7 the time period for which such waiver will be effective4 #idjc4 ,prohibition on transactions with state sponsors of terrorism 7a7 ,prohibited transactions by the united states government ,the following transactions by the ,united ,states ,government are prohibited3 7#a7 ,exporting or otherwise providing 7by sale1 lease or loan1 grant1 or other means71 directly or indirectly1 any munitions item to a country described in subsection 7d7 under the authority of this ,act or any other law 7except as provided in subsection 7g774 ,in implementing this paragraph1 the ,president-- 7,a7 shall suspend delivery to such country of any such item pursuant to any such transaction which has not been completed at the time the ,secretary makes the determination described in section #idja7;a7 with respect to the government of the country2 and 7,b7 shall terminate any lease or loan to such country of any such item which is in effect at the time the ,secretary makes that determination4 7#b7 ,providing credits1 guarantees1 or other financial assistance under the authority of this ,act or any other law 7except as provided in subsection 7g771 with respect to the acquisition of any munitions item by a country described in subsection 7d74 ,in implementing this paragraph1 the ,president shall suspend expenditures pursuant to any such assistance obligated before the ,secretary makes the determination described in section #idja7;a7 with respect to the government of the country4 ,the ,president may authorize expenditures otherwise required to be suspended pursuant to the preceding sentence if the ,president has determined1 and reported to ,congress1 that suspension of those expenditures causes undue financial hardship to a supplier1 shipper1 or similar person and allowing the expenditure will not result in any munitions item being made available for use by such country4 7#c7 ,consenting under this ,act1 or under any other law 7except as provided in subsection 7g771 to any transfer of any munitions item to a country described in subsection 7d74 ,in implementing this paragraph1 the ,president shall withdraw any such consent1 which is in effect at the time the ,secretary makes the determination described in section #idja7;a7 with respect to the government of the country1 except that this sentence does not apply with respect to any item that has already been transferred to such country4 7#d7 ,providing any license or other approval under this ,act for any export or other transfer 7including by means of a technical assistance agreement1 manufacturing licensing agreement1 or coproduction agreement7 of any munitions item to a country described in subsection 7d74 ,in implementing this paragraph1 the ,president shall suspend any such license or other approval which is in effect at the time the ,secretary makes the determination described in section #idja7;a7 with respect to the government of the country1 except that this sentence does not apply with respect to any item that has already been exported or otherwise transferred to such country4 7#e7 ,otherwise facilitating the acquisition of any munitions item by a state sponsor of terrorism4 ,this paragraph applies with respect to activities undertaken-- 7,a7 by any department1 agency1 or other instrumentality of the ,united ,states ,government2 7,b7 by any officer or employee of the ,united ,states ,government 7including members of the ,united ,states ,armed ,forces72 or 7,c7 by any other person at the request or on behalf of the ,united ,states ,government4 ,the ,president may waive the requirements of the second sentence of paragraph 7#a71 the second sentence of paragraph 7#c71 and the second sentence of paragraph 7#d7 to the extent that the ,president determines1 after consultation with ,congress1 that unusual and compelling circumstances require that the ,president not take the actions specified in that sentence4 7b7 ,prohibited transactions by united states persons 7#a7 ,in general ,a ,united ,states person may not take any of the following actions3 7,a7 ,exporting any munitions item to any country described in subsection 7d74 7,b7 ,selling1 leasing1 loaning1 granting1 or otherwise providing any munitions item to any country described in subsection 7d74 7,c7 ,selling1 leasing1 loaning1 granting1 or otherwise providing any munitions item to any recipient which is not the government of or a person in a country described in subsection 7d7 if the ,united ,states person has reason to know that the munitions item will be made available to any country described in subsection 7d74 7,d7 ,taking any other action which would facilitate the acquisition1 directly or indirectly1 of any munitions item by a state sponsor of terrorism1 or any person acting on behalf of that government1 if the ,united ,states person has reason to know that action will facilitate the acquisition of that item by such a government or person4 7#b7 ,liability for actions of foreign subsidiaries1 etc ,a ,united ,states person violates this subsection if a corporation or other person that is controlled in fact by that ,united ,states person 7as determined under regulations1 which the ,president shall issue71 takes an action described in paragraph 7#a7 outside the ,united ,states4 7#c7 ,applicability to actions outside the united states ,paragraph 7#a7 applies with respect to actions described in that paragraph which are taken either within or outside the ,united ,states by a ,united ,states person described in subsection 7k77#b77;,a7 or 7,b74 ,to the extent provided in regulations issued under subsection 7k77#b77;,d71 paragraph 7#a7 applies with respect to actions described in that paragraph which are taken outside the ,united ,states by a person designated as a ,united ,states person in those regulations4 7c7 ,transfers to governments and persons covered ,this section applies with respect to-- 7#a7 the acquisition of munitions items by a state sponsor of terrorism2 and 7#b7 the acquisition of munitions items by any individual1 group1 or other person within a country described in subsection 7d71 except to the extent that subparagraph 7,d7 of subsection 7b77#a7 provides otherwise4 7d7 ,countries covered by prohibition ,the prohibitions contained in this section apply with respect to any country that is the subject of a determination under section #idja7;a71 which has not been waived or rescinded4 7e7 ,publication of determinations ,each determination of the ,secretary under subsection 7d7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7f7 ,waiver 7#a7 ,in general ,the ,president may waive the prohibitions contained in this section with respect to a specific transaction if-- 7,a7 the ,president determines that the transaction is essential to the national security interests of the ,united ,states2 and 7,b7 not less than #ae days prior to the proposed transaction1 the ,president-- 7i7 consults with the ,committee on ,foreign ,affairs of the ,house of ,representatives and the ,committee on ,foreign ,relations of the ,senate2 and 7ii7 submits to the appropriate congressional committees a report containing-- 7,i7 the name of any country involved in the proposed transaction1 the identity of any recipient of the items to be provided pursuant to the proposed transaction1 and the anticipated use of those items2 7,,ii7 a description of the munitions items involved in the proposed transaction 7including their market value7 and the actual sale price at each step in the transaction 7or if the items are transferred by other than sale1 the manner in which they will be provided72 7,,iii7 the reasons why the proposed transaction is essential to the national security interests of the ,united ,states and the justification for such proposed transaction2 7,,iv7 the date on which the proposed transaction is expected to occur2 and 7,v7 the name of each ,united ,states ,government department1 agency1 or other entity involved in the proposed transaction1 every foreign government involved in the proposed transaction1 and every private party with significant participation in the proposed transaction4 7#b7 ,form ,to the extent possible1 the information specified in paragraph 7#a77;,b77ii7 shall be provided in unclassified form1 with any classified information provided in an addendum to the report4 7g7 ,exemption for transactions subject to national security act reporting requirements ,the prohibitions contained in this section do not apply with respect to any transaction subject to reporting requirements under title ,v of the ,national ,security ,act of #aidg 7#ej ,u4,s4,c4 #dac et seq42 relating to congressional oversight of intelligence activities74 7h7 ,relation to other laws 7#a7 ,in general ,with regard to munitions items controlled pursuant to this ,act1 the provisions of this section shall apply notwithstanding any other provisions of law1 other than section #ifjc4 7#b7 ,waiver authority ,if the authority of section #ifjc7;a7 is used to permit a transaction under this ,act which is otherwise prohibited by this section1 the written policy justification required by that section shall include the information specified in subsection 7f77#b77;,b7 of this section4 7i7 ,criminal penalty ,any person who willfully violates this section shall be fined for each violation not more than #a1jjj1jjj1 imprisoned not more than #aj years1 or both4 7j7 ,civil penalties2 enforcement ,in the enforcement of this section1 the ,president is authorized to exercise the same powers concerning violations and enforcement which are conferred upon departments1 agencies1 and officials by sections #aa7;c71 #aa7;e71 #aa7;g71 and #ab7;a7 of the ,export ,administration ,act of #aigi 7as continued in effect under the ,international ,emergency ,economic ,powers ,act7 7subject to the same terms and conditions as are applicable to such powers under that ,act71 except that section #aa7;c77#b77;,b7 of such ,act shall not apply1 and instead1 as prescribed in regulations issued under this section1 the ,secretary of ,state may assess civil penalties for violations of this ,act and regulations prescribed thereunder and further may commence a civil action to recover such civil penalties1 and except further that1 notwithstanding section #aa7;c7 of that ,act1 the civil penalty for each violation of this section may not exceed #ejj1jjj4 7k7 ,definitions ,as used in this section-- 7#a7 the term munitions item means any item enumerated on the ,united ,states ,munitions list 7without regard to whether the item is imported into or exported from the ,united ,states72 7#b7 the term ,united ,states person means-- 7,a7 any citizen or permanent resident alien of the ,united ,states2 7,b7 any sole proprietorship1 partnership1 company1 association1 or corporation having its principal place of business within the ,united ,states or organized under the laws of the ,united ,states1 any ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,commonwealth of the ,northern ,mariana ,islands1 or any territory or possession of the ,united ,states2 7,c7 any other person with respect to that person's actions while in the ,united ,states2 and 7,d7 to the extent provided in regulations issued by the ,secretary1 any person that is not described in subparagraph 7,a71 7,b71 or 7,c7 but-- 7i7 is a foreign subsidiary or affiliate of a ,united ,states person described in subparagraph 7,b7 and is controlled in fact by that ,united ,states person 7as determined in accordance with those regulations71 or 7ii7 is otherwise subject to the jurisdiction of the ,united ,states1 with respect to that person's actions while outside the ,united ,states2 7#c7 the term nuclear explosive device has the meaning given that term in section #hcj7d7 of the ,nuclear ,proliferation ,prevention ,act of #aiid 7#bb ,u4,s4,c4 #fcje7d772 and 7#d7 the term unsafeguarded special nuclear material has the meaning given that term in section #hcj7h7 of the ,nuclear ,proliferation ,prevention ,act of #aiid 7#bb ,u4,s4,c4 #fcje 7#h774 #idjd4 ,transactions with countries not fully cooperating with ,united ,states counterterrorism efforts 7a7 ,prohibited transactions ,no defense article or defense service may be sold or licensed for export under this ,act in a fiscal year to a foreign country whose government the ,secretary determines and certifies to ,congress1 by ,may #ae of the calendar year in which that fiscal year begins1 is not cooperating fully with ,united ,states counterterrorism efforts4 7b7 ,waiver ,the ,president may waive the prohibition in subsection 7a7 with respect to a specific transaction if the ,president determines and reports to the appropriate congressional committees that the transaction is important to the national interests of the ,united ,states4 #idje4 ,withholding of ,united ,states proportionate share for certain programs of international organizations 7a7 ,in general ,no contributions by the ,united ,states shall be made to any international organization for the ,united ,states proportionate share for programs in countries determined to be state sponsors of terrorism in accordance with section #idja7;a74 7b7 ,proportionate share ,the ,secretary shall-- 7#a7 review1 at least annually1 the budgets and accounts of all international organizations receiving funds under this ,act2 and 7#b7 report to the appropriate congressional committees the amounts of funds expended by each such organization for the purposes described in subsection 7a7 and the amount contributed by the ,united ,states to each such organization4 7c7 ,exceptions ,the limitation in subsection 7a7 shall not apply to contributions to the ,international ,atomic ,energy ,agency or the ,united ,nations ,children's ,fund 7,,unicef74 ,b ,middle ,east provisions #idaa4 ,conditional contributions to certain international organizations 7a7 ,in general ,no contributions by the ,united ,states shall be made to the ,united ,nations ,relief and ,works ,agency for ,palestine ,refugees in the ,near ,east4 7b7 ,exception ,the limitation in subsection 7a7 shall not apply if the ,secretary determines and reports to the appropriate congressional committees that the ,united ,nations ,relief and ,works ,agency is taking all possible measures to assure that no part of the ,united ,states contribution shall be used to provide assistance to any refugee who is receiving military training as a member of any terrorist group or guerrilla-type organization or who has engaged in any act of terrorism4 #idab4 ,limitation on assistance to the ,palestinian ,authority 7a7 ,limitation ,assistance may be provided under this ,act to the ,hamas-controlled ,palestinian ,authority only during a period for which a certification described in subsection 7b7 is in effect4 7b7 ,certification ,a certification described in subsection 7a7 is a certification transmitted by the ,president to ,congress that contains a determination of the ,president that-- 7#a7 no ministry1 agency1 or instrumentality of the ,palestinian ,authority is effectively controlled by ,hamas1 unless the ,hamas-controlled ,palestinian ,authority has-- 7,a7 publicly acknowledged the ,jewish state of ,israel's right to exist2 and 7,b7 committed itself and is adhering to all previous agreements and understandings with the ,united ,states ,government1 with the ,government of ,israel1 and with the international community1 including agreements and understandings pursuant to the ,performance-,based ,roadmap to a ,permanent ,two-,state ,solution to the ,israeli-,palestinian ,conflict 7commonly referred to as the ,roadmap72 and 7#b7 the ,hamas-controlled ,palestinian ,authority has made demonstrable progress toward-- 7,a7 completing the process of purging from its security services individuals with ties to terrorism2 7,b7 dismantling all terrorist infrastructure within its jurisdiction1 confiscating unauthorized weapons1 arresting and bringing terrorists to justice1 destroying unauthorized arms factories1 thwarting and preempting terrorist attacks1 and fully cooperating with ,israel's security services2 7,c7 halting all anti-,american and anti-,israel incitement in ,palestinian ,authority-controlled electronic and print media and in schools1 mosques1 and other institutions it controls1 and replacing educational materials1 including textbooks1 with materials that promote peace1 tolerance1 and coexistence with ,israel2 7,d7 ensuring democracy1 the rule of law1 and an independent judiciary1 and adopting other reforms such as ensuring transparent and accountable governance2 and 7,e7 ensuring the financial transparency and accountability of all government ministries and operations4 7c7 ,recertifications ,not later than #ij days after the date on which the ,president transmits to ,congress an initial certification under subsection 7b71 and every six months thereafter-- 7#a7 the ,president shall transmit to ,congress a recertification that the conditions described in subsection 7b7 are continuing to be met2 or 7#b7 if the ,president is unable to make such a recertification1 the ,president shall transmit to ,congress a report that contains the reasons therefor4 7d7 ,congressional notification ,assistance made available under this ,act to the ,palestinian ,authority may not be provided until #ae days after the date on which the ,president has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section #hdja4 7e7 ,national security waiver 7#a7 ,in general ,subject to paragraph 7#b71 the ,president may waive subsection 7a7 with respect to-- 7,a7 the administrative and personal security costs of the ,office of the ,president of the ,palestinian ,authority2 7,b7 the activities of the ,president of the ,palestinian ,authority to fulfill his or her duties as ,president1 including to maintain control of the management and security of border crossings1 to foster the ,middle ,east peace process1 and to promote democracy and the rule of law2 and 7,c7 assistance for the judiciary branch of the ,palestinian ,authority and other entities4 7#b7 ,certification ,the ,president may only exercise the waiver authority under paragraph 7#a7 after-- 7,a7 consulting with1 and submitting a written policy justification to1 the appropriate congressional committees2 and 7,b7 certifying to the appropriate congressional committees that-- 7i7 it is in the national security interest of the ,united ,states to provide assistance otherwise prohibited under subsection 7a72 and 7ii7 the individual or entity for which assistance is proposed to be provided is not a member of1 or effectively controlled by 7as the case may be71 ,hamas or any other foreign terrorist organization4 7#c7 ,report ,not later than #aj days after exercising the waiver authority under paragraph 7#a71 the ,president shall submit to the appropriate congressional committees a report describing how the funds provided pursuant to such waiver will be spent and detailing the accounting procedures that are in place to ensure proper oversight and accountability4 7#d7 ,treatment of certification as notification of program change ,for purposes of this subsection1 the certification required under paragraph 7#b77;,b7 shall be deemed to be a notification under section #hdja and shall be considered in accordance with the procedures applicable to notifications submitted pursuant to that section4 7f7 ,definition ,in this section1 the term ,palestinian ,authority means the interim ,palestinian administrative organization that governs part of the ,west ,bank and all of the ,gaza ,strip 7or any successor ,palestinian governing entity71 including the ,palestinian ,legislative ,council4 #idac4 ,limitation on assistance for the ,west ,bank and ,gaza 7a7 ,limitation ,assistance may be provided under this ,act to nongovernmental organizations for the ,west ,bank and ,gaza only during a period for which a certification described in section #idab7;b7 is in effect with respect to the ,palestinian ,authority4 7b7 ,exceptions ,subsection 7a7 shall not apply with respect to the following3 7#a7 ,assistance to meet basic human needs ,assistance to meet food1 water1 medicine1 health1 or sanitation needs1 or other assistance to meet basic human needs4 7#b7 ,assistance to promote democracy ,assistance to promote democracy1 human rights1 freedom of the press1 non-violence1 reconciliation1 and peaceful coexistence1 provided that such assistance does not directly benefit ,hamas or any other foreign terrorist organization4 7#c7 ,assistance for individual members of the palestinian legislative council ,assistance1 other than funding of salaries or salary supplements1 to individual members of the ,palestinian ,legislative ,council who the ,president determines are not members of ,hamas or any other foreign terrorist organization1 for the purposes of facilitating the attendance of such members in programs for the development of institutions of democratic governance1 including enhancing the transparent and accountable operations of such institutions1 and providing support for the ,middle ,east peace process4 7#d7 ,other types of assistance ,any other type of assistance if the ,president-- 7,a7 determines that the provision of such assistance is in the national security interest of the ,united ,states2 and 7,b7 not less than #cj days prior to the obligation of amounts for the provision of such assistance-- 7i7 consults with the appropriate congressional committees regarding the specific programs1 projects1 and activities to be carried out using such assistance2 and 7ii7 submits to the appropriate congressional committees a written memorandum that contains the determination of the ,president under subparagraph 7,a74 7c7 ,marking requirement ,assistance provided under this ,act to nongovernmental organizations for the ,west ,bank and ,gaza shall be marked as assistance from the ,american people or the ,united ,states ,government unless the ,secretary of ,state or1 as appropriate1 the ,administrator of the ,united ,states ,agency for ,international ,development1 determines that such marking will endanger the lives or safety of persons delivering such assistance or would have an adverse effect on the implementation of that assistance4 7d7 ,congressional notification ,assistance made available under this ,act to nongovernmental organizations for the ,west ,bank and ,gaza may not be provided until #ae days after the date on which the ,president has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section #hdja4 #e ,trade and commerce #ieja4 ,prohibition on assistance for exporting ,united ,states jobs 7a7 ,incentives and inducements ,no foreign assistance may be made available to provide any financial incentive to a business enterprise located in the ,united ,states for the purpose of inducing such enterprise to relocate outside the ,united ,states1 if such incentive or inducement is likely to reduce the number of employees of such business enterprise in the ,united ,states because ,united ,states production is being replaced by such enterprise outside the ,united ,states4 7b7 ,workers' rights ,no foreign assistance may be made available for any program1 project1 or activity that contributes to the violation of internationally recognized worker rights 7as such term is defined in section #ejg7d7 of the ,trade ,act of #aigd 7#ai ,u4,s4,c4 #bdfg7d777 of workers in a partner country1 including any designated zone or area in the country4 #iejb4 ,prohibition on assistance to governments that expropriate ,united ,states property 7a7 ,in general ,no foreign assistance may be provided to a foreign government which the ,secretary determines has-- 7#a7 on or after ,january #a1 #aifb-- 7,a7 nationalized or expropriated or seized ownership or control of property owned by any ,united ,states citizen or by any corporation1 partnership1 or association not less than #ej percent beneficially owned by ,united ,states citizens2 7,b7 taken steps to repudiate or nullify existing contracts or agreements with any ,united ,states citizen or any corporation1 partnership1 or association not less than #ej percent beneficially owned by ,united ,states citizens2 or 7,c7 imposed or enforced discriminatory taxes or other exactions1 or restrictive maintenance or operational conditions1 or has taken other actions1 which have the effect of nationalizing1 expropriating1 or otherwise seizing ownership or control of property so owned2 and 7#b7 failed within a reasonable time to take appropriate steps1 which may include arbitration1 to-- 7,a7 discharge its obligations under international law toward such citizen or entity1 including speedy compensation for such property in convertible foreign exchange1 equivalent to the full value thereof1 as required by international law2 or 7,b7 provide relief from such taxes1 exactions1 or conditions1 as the case may be4 7b7 ,reasonable time defined ,for the purposes of subsection 7a77#b71 the term reasonable time means-- 7#a7 not more than six months after an action described in subsection 7a77#a72 or 7#b7 in the event of a referral to the ,foreign ,claims ,settlement ,commission of the ,united ,states1 not more than twenty days after the report of the ,commission is received4 7c7 ,expiration of determinations ,a determination of the ,secretary under subsection 7a7 shall remain in effect until rescinded4 7d7 ,rescission of determinations ,a determination of the ,secretary under subsection 7a7 with respect to a foreign government shall not be rescinded unless the ,president submits to the appropriate congressional committees a report certifying that the government has taken appropriate steps to-- 7#a7 discharge its obligations under international law toward such citizen or entity2 or 7#b7 provide relief from the taxes1 exactions1 or conditions1 as the case may be4 7e7 ,publication ,a determination made under subsection 7a7 or a report submitted under subsection 7d7 shall be published in the ,federal ,register and made available on the ,internet website of the ,department of ,state4 7f7 ,list ,the ,secretary shall include in the annual report required by section #hcjb 7relating to congressional budget justification7 a list of foreign governments for which determinations under subsection 7a7 are currently in effect4 7g7 ,waiver ,assistance prohibited by subsection 7a7 may be provided to a foreign government described in that subsection if1 at least #ae days before providing assistance1 the ,president submits to the appropriate congressional committees-- 7#a7 a certification that such a waiver is important to the national interests of the ,united ,states2 and 7#b7 a report describing-- 7,a7 the type and amount of assistance to be provided pursuant to the waiver2 7,b7 the justification for such waiver2 and 7,c7 the time period for which such waiver will be effective4 7h7 ,foreign claims settlement commission 7#a7 ,in general ,upon request of the ,president 7within #gj days after an action referred to in subsection 7a77#a771 the ,foreign ,claims ,settlement ,commission of the ,united ,states 7established pursuant to ,reorganization ,plan ,no4 #a of #aied1 #fh ,stat4 #abgi7 is hereby authorized to evaluate expropriated property1 determining the full value of any property nationalized1 expropriated1 or seized1 or subject to discriminatory or other actions as aforesaid1 for purposes of this section and to render an advisory report to the ,president within #ij days after such request4 7#b7 ,form of report ,unless authorized by the ,president1 the ,commission shall not publish its advisory report except to the citizen or entity owning such property4 7#c7 ,authorization of appropriations ,there is authorized to be appropriated such amounts1 to remain available until expended1 as may be necessary from time to time to enable the ,commission to carry out expeditiously its functions under this subsection4 7i7 ,federal act of state doctrine 7#a7 ,in general ,notwithstanding any other provision of law1 no court in the ,united ,states shall decline on the ground of the ,federal act of state doctrine to make a determination on the merits giving effect to the principles of international law in a case in which claim of title or other right to property is asserted by any party1 including a foreign state 7or a party claiming through such state71 based upon 7or traced through7 a confiscation or other taking after ,january #a1 #aiei1 by an act of that state in violation of the principles of international law1 including the principles of compensation and the other standards set out in this section4 7#b7 ,exceptions ,this subsection shall not be applicable-- 7,a7 in any case in which an act of a foreign state is not contrary to international law or with respect to a claim of title or other right to property acquired pursuant to an irrevocable letter of credit of not more than #ahj days duration issued in good faith prior to the time of the confiscation or other taking2 or 7,b7 in any case with respect to which the ,president determines that application of the act of state doctrine is required in that particular case by the foreign policy interests of the ,united ,states and a suggestion to this effect is filed on the ,president's behalf in that case with the court4 #iejc4 ,prohibition on assistance for compensation relating to expropriated or nationalized property 7a7 ,prohibition ,no foreign assistance may be provided to compensate owners for expropriated or nationalized property and1 upon finding by the ,president that such assistance has been used by a government for such purpose1 no further assistance under this ,act may be provided to the government until appropriate reimbursement is made to the ,united ,states4 7b7 ,exception ,the prohibition in subsection 7a7 shall not apply to monetary assistance made available for use by a foreign government to compensate nationals of that country in accordance with a land reform program if the ,president determines that monetary assistance for such land reform program will further the national interests of the ,united ,states4 #iejd4 ,prohibition on assistance to governments that refuse extradition requests 7a7 ,in general ,no assistance under this ,act 7other than assistance under title ,v7 may be provided to the central government of a country which has notified the ,department of ,state of its refusal to extradite to the ,united ,states any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole or for killing a law enforcement officer1 as specified in a ,united ,states extradition request4 7b7 ,applicability ,the prohibition in subsection 7a7 shall only apply to the central government of a country-- 7#a7 with which the ,united ,states maintains diplomatic relations2 and 7#b7 which is violating the terms and conditions of its extradition treaty with the ,united ,states4 7c7 ,waiver ,the ,secretary may waive the prohibition in subsection 7a7 on a case-by-case basis if the ,secretary certifies and reports to the appropriate congressional committees pursuant to section #hdja that such waiver is important to the national interests of the ,united ,states4 #ieje4 ,prohibition on taxation of foreign assistance 7a7 ,in general ,no foreign assistance may be provided to a foreign government under a bilateral agreement entered into after the date of the enactment of this ,act governing the terms and conditions under which such assistance is to be provided unless such agreement includes a provision stating that ,united ,states foreign assistance shall be exempt from taxation or reimbursed by the foreign government4 7b7 ,reimbursement of foreign taxes ,in each fiscal year1 the ,secretary shall reduce the amount of foreign assistance made available under this ,act to a government by an amount equivalent to the total taxes assessed on ,united ,states foreign assistance1 either directly or through grantees1 contractors and subcontractors1 by such government in the previous fiscal year1 until such taxes have been reimbursed to the ,united ,states4 7c7 ,transparency ,the ,secretary shall include in each report on allocations of assistance under section #hcjc the amount of unreimbursed taxes assessed by each government to which the ,united ,states ,government intends to provide funds4 7d7 ,definition ,in this section1 the terms taxes and taxation refer to value-added taxes and customs duties imposed on commodities financed with ,united ,states foreign assistance1 and do not include foreign taxes of a de minimis nature4 #iejf4 ,limitation on assistance to countries in default ,no assistance made available under this ,act may be made available for new loans to the government of any country which is in default1 during a period in excess of six calendar months1 in payment to the ,united ,states of principal or interest on any loan made to such country under this ,act1 unless-- 7#a7 such country meets its obligations under the existing loan2 or 7#b7 the ,secretary determines that new loans to such government are in the national interest and notifies the appropriate congressional committees of such determination4 ,b ,policy ,authorities #ifja4 ,contingencies 7a7 ,in general ,notwithstanding any other provision of law1 the ,president is authorized to use funds made available to carry out any provision of this ,act in order to provide1 for any unanticipated contingencies1 assistance authorized by title ,i1 ,,ii or ,,iii in accordance with the provisions applicable to the furnishing of such assistance4 7b7 ,limitation ,the authority of subsection 7a7 may not be used to authorize the use of more than #ej1jjj1jjj during any fiscal year4 7c7 ,report required ,the ,president shall report in advance to the extent practicable to the appropriate congressional committees each time the ,president intends to exercise the authority of subsection 7a74 #ifjb4 ,transfer between accounts 7a7 ,in general ,whenever the ,president determines it to be necessary for the purposes of this ,act1 not to exceed #aj percent of the funds made available for any provision of this ,act may be transferred to1 and consolidated with1 the funds made available for any other provision of this ,act1 and may be used for any of the purposes for which such funds may be used1 except that the total in the provision for the benefit of which the transfer is made shall not be increased by more than #bj percent of the amount of funds made available for such provision4 7b7 ,exception ,the authority of subsection 7a7 shall not be used to transfer funds made available for the purposes of titles ,i1 ,,ii1 or ,,iii and consolidate them with funds made available for the purposes of titles ,,iv or ,v of this ,act4 7c7 ,report required ,the ,president shall report in advance to the extent practicable to the appropriate congressional committees each time the ,president intends to exercise the authority of subsection 7a74 #ifjc4 ,special waiver authority 7a7 ,authority ,the ,president may authorize the taking of any action 7or the refraining from the taking of any action7 under this ,act or any other ,act relating to foreign assistance1 notwithstanding any provision of law1 if the ,president determines-- 7#a7 in cases relating to the transfer of defense articles or defense services1 that to do so is essential to the national interests of the ,united ,states2 and 7#b7 in any other cases1 that to do so is important to the national interests of the ,united ,states4 7b7 ,consultation with congress ,before exercising the authority of subsection 7a71 the ,president shall consult with1 and shall provide a written policy justification to1 the appropriate congressional committees4 7c7 ,notification to congress ,a determination under subsection 7a7 shall not be effective until the ,president submits written notification of that determination to the appropriate congressional committees4 7d7 ,annual ceilings 7#a7 ,in general ,the authority of this section may not be used in any fiscal year to authorize-- 7,a7 more than #a1jjj1jjj1jjj in sales or leases to be made under subtitle ,c of title ,,iv2 7,b7 the use of more than #ejj1jjj1jjj of funds made available for use under any other provision of this ,act2 and 7,c7 the use of more than #ajj1jjj1jjj of foreign currencies accruing under this ,act or any other law4 7#b7 ,arms sales ,if the authority of this section is used both to authorize a sale or lease under subtitle ,c of title ,,iv and to authorize funds to be used under this ,act with respect to the financing of that sale or lease1 then the use of the funds shall be counted against the limitation in paragraph 7#a77;,b7 and the portion1 if any1 of the sale or lease which is not so financed shall be counted against the limitation in paragraph 7#a77;,a74 7#c7 ,leases ,for purposes of paragraph 7#a77;,a71 the replacement cost1 less any depreciation in the value1 of the defense articles authorized to be leased shall be counted against the limitation in that paragraph4 7#d7 ,country limits ,the following limitations shall apply with respect to any one country in any fiscal year3 7,a7 ,not more than #ajj1jjj1jjj of the #ejj1jjj1jjj limitation provided in paragraph 7#a77;,b7 may be allocated to the country unless the country is a victim of active aggression4 7,b7 ,not more than #gej1jjj1jjj of the aggregate limitation of #a1ejj1jjj1jjj provided in paragraphs 7#a77;,a7 and 7#a77;,b7 may be allocated to the country4 ,x ,organization1 ,management1 and ,human ,resources #ajjja4 ,definitions ,in this title3 7#a7 ,commodity ,the term commodity includes any material1 article1 supply1 goods1 or equipment used for the purposes of providing non-military assistance4 7#b7 ,commodity restrictions ,the term commodity restrictions means statutory and regulatory requirements that apply to the procurement or transportation of commodities financed under this ,act1 including-- 7,a7 sections #ajeja and #ajejc2 7,b7 section #ija7;b77#a7 of the ,merchant ,marine ,act of #aicf2 7,c7 section #e of the ,international ,air ,transportation ,fair ,competitive ,practice ,act of #aigd2 7,d7 section #fdd of the ,small ,business ,act2 7,e7 section #bgaa of the ,competition in ,contracting ,act of #aihd2 and 7,f7 the ,federal ,property and ,administrative ,services ,act of #aidi4 7#c7 ,country of assignment ,the term country of assignment means the foreign country in which an individual serves an accredited representative of the ,united ,states ,government4 7#d7 ,defense article and related terms ,the terms defense article1 defense service1 defense information1 excess defense article1 major defense equipment1 and significant military equipment have the meanings given such terms in section #ddaa4 7#e7 ,federal employee ,the term ,federal employee or employee has the meaning given the term employee in section #baje7;a7 of title #e1 ,united ,states ,code4 7#f7 ,federal officer ,the term ,federal officer or officer has the meaning given the term officer in section #bajd of title #e1 ,united ,states ,code4 7#g7 ,federal personnel ,the term ,federal personnel or personnel includes ,federal employees1 ,federal officers1 personal services contractors1 locally employed staff1 foreign national employees of the ,foreign ,service 7as defined in section #ajc7f7 of the ,foreign ,service ,act of #aihj71 and any other individual employed by a ,federal department or agency1 as defined under regulations prescribed by the ,president4 7#h7 ,foreign service officer ,the term ,foreign ,service ,officer means a member of the ,foreign ,service as defined in section #ajc of the ,foreign ,service ,act of #aihj4 7#i7 ,function ,the term function includes any duty1 obligation1 power1 authority1 responsibility1 right1 privilege1 discretion1 or activity4 7#aj7 ,gender analysis1 equality1 and integration ,the terms gender analysis1 gender equality1 and gender integration have the meanings given such terms in section #agjh4 7#aa7 ,local entity 7,a7 ,in general ,the term local entity means an individual1 corporation1 nonprofit organization1 or another body of persons that-- 7i7 is located in a partner country2 7ii7 is organized under the laws of the partner country2 7iii7 has as its principal place of business or operations the partner country2 and 7iv7 is owned or controlled by citizens of the partner country4 7,b7 ,owned or controlled ,in subparagraph 7iv71 the term owned or controlled means-- 7i7 in the case of a corporation1 the holding of at least #ej percent 7by vote or value7 of the capital structure of the corporation2 or 7ii7 in the case of any other kind of legal entity1 the holding of interests representing at least #ej percent of the capital structure of the entity4 7#ab7 ,service ,the term service includes any service1 repair1 training1 technical assistance1 advice1 or information used for purposes of this ,act4 ,a ,organization #a ,exercise and coordination of functions #ajaja4 ,delegations2 regulations 7a7 ,delegations by the president ,the ,president may exercise any functions conferred upon the ,president by this ,act through such ,federal agency or ,federal officer as the ,president shall direct4 7b7 ,issue regulations and delegations by agency heads ,the head of any such agency or any such officer exercising functions under this ,act-- 7#a7 may from time to time promulgate such rules and regulations as may be necessary to carry out such functions2 and 7#b7 may delegate authority1 including the delegation to any other agency1 upon obtaining the concurrence of the head of that agency1 to perform any such functions1 including1 if the delegating official shall so specify1 the authority successively to redelegate any such functions4 #ajajb4 ,role of the ,secretary of ,state 7a7 ,in general ,under the direction of the ,president1 the ,secretary shall be responsible for the continuous supervision1 overall coordination1 and general direction of ,united ,states foreign assistance1 and for ensuring that the foreign policy of the ,united ,states is best served thereby4 7b7 ,military assistance ,the responsibility conferred upon the ,secretary in subsection 7a7 includes-- 7#a7 all forms of military assistance2 and 7#b7 determinations of whether to offer or deliver any form of military assistance and the scope1 types1 amounts1 and conditions of such assistance4 #ajajc4 ,role of the ,chief of ,mission 7a7 ,in general ,the ,chief of ,mission shall be responsible for the continuous supervision1 overall coordination1 and general direction of all activities1 resources1 and programs of the ,united ,states ,government as they are carried out in the country of assignment4 7b7 ,exceptions ,the responsibility conferred upon the ,chief of ,mission in subsection 7a7 shall not include authority over-- 7#a7 ,federal personnel under the command of a ,united ,states area military commander2 or 7#b7 ,federal personnel specifically exempted by law or designated by the ,president4 #ajajd4 ,office for ,global ,women's ,issues 7a7 ,establishment ,there is established an ,office for ,global ,women's ,issues 7in this section referred to as the ,office7 in the ,office of the ,secretary of ,state in the ,department of ,state4 ,the ,office shall be headed by the ,ambassador-at-,large 7in this section referred to as the ,ambassador71 who shall report directly to the ,secretary of ,state4 7b7 ,purpose ,the ,office shall coordinate efforts of the ,united ,states ,government regarding gender integration and women's empowerment in ,united ,states foreign policy4 7c7 ,duties 7#a7 ,in general ,the ,ambassador shall-- 7,a7 coordinate and advise on activities1 policies1 programs1 and funding relating to gender integration and women's empowerment internationally for all bureaus and offices of the ,department of ,state and in the international programs of other ,federal agencies2 7,b7 design1 support1 and as appropriate1 implement1 limited projects regarding women's empowerment internationally2 7,c7 actively promote and advance the full integration of gender analysis into the programs1 structures1 processes1 and capacities of all bureaus and offices of the ,department of ,state and in the international programs of other ,federal agencies2 and 7,d7 direct1 as appropriate1 ,united ,states ,government resources to respond to needs for gender integration and women's empowerment in ,united ,states ,government foreign policies and international programs4 7#b7 ,diplomatic representation ,subject to the direction of the ,president and the ,secretary of ,state1 the ,ambassador is authorized to represent the ,united ,states in matters relevant to the status of women internationally4 7d7 ,reporting ,the heads of all bureaus and independent offices of the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 and the ,millennium ,challenge ,corporation shall1 as appropriate1 evaluate and monitor all women's empowerment programs administered by such bureaus and offices and annually submit to the ,ambassador a report on such programs and on policies and practices to integrate gender4 #ajaje4 ,bureau for ,energy ,resources 7a7 ,in general ,section #ica7;a7 of the ,energy ,independence and ,security ,act of #bjjg 7#db ,u4,s4,c4 #agcga7;a77 is amended-- 7#a7 in the subsection heading1 by striking ,coordinator for and inserting ,coordination of2 and 7#b7 in paragraph 7#b7-- 7,a7 in the paragraph heading1 by striking coordinator for and inserting coordination of2 and 7,b7 by striking ,there is established within the ,office of the ,secretary of ,state a ,coordinator for ,international ,energy ,affairs1 and inserting in lieu thereof the following3 ,there is established within the ,department of ,state a ,bureau for ,energy ,resources1 to be headed by an ,assistant ,secretary14 7b7 ,transfer authority ,the ,secretary of ,state may transfer any authority1 duty1 or function assigned to the ,coordinator for ,international ,energy ,affairs or to the ,office of ,international ,energy ,affairs to the ,assistant ,secretary for ,energy ,resources or to the ,bureau for ,energy ,resources 7as the case may be74 7c7 ,conforming amendments 7#a7 ,section #a7;c77#a7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a71 as amended by this ,act1 is further amended by striking #be and inserting #bf4 7#b7 ,section #ecae of title #e1 ,united ,states ,code1 as amended by this ,act1 is further amended in the item relating to ,assistant ,secretaries of ,state1 by striking 7#be7 and inserting 7#bf74 #ajajf4 ,bureau of ,oceans1 ,environment and ,science 7a7 ,department of ,state ,appropriations ,authorization ,act of #aigc ,section #i of the ,department of ,state ,appropriations ,authorization ,act of #aigc 7#bb ,u4,s4,c4 #bfee;a7 is amended-- 7#a7 in the section heading1 by striking oceans and ,international ,environmental and ,scientific ,affairs and inserting oceans1 ,environment and ,science2 and 7#b7 by striking ,oceans and ,international ,environmental and ,scientific ,affairs each place it appears and inserting ,oceans1 ,environment and ,science4 7b7 ,clean ,air ,act ,section #fag7;a7 of the ,clean ,air ,act 7#db ,u4,s4,c4 #gfgap7a77 is amended by striking ,oceans and ,international ,environmental and ,scientific ,affairs and inserting ,oceans1 ,environment and ,science4 #b ,united ,states ,agency for ,international ,development #ajbja4 ,united ,states ,agency for ,international ,development 7a7 ,establishment ,the ,united ,states ,agency for ,international ,development shall be an agency of the ,united ,states under the policy guidance of the ,secretary of ,state4 7b7 ,mandate ,the mandate of the ,united ,states ,agency for ,international ,development shall be to reduce global poverty and alleviate human suffering4 7c7 ,statutory officers 7#a7 ,administrator ,the ,united ,states ,agency for ,international ,development shall be headed by an ,administrator1 who shall be appointed by the ,president1 by and with the advice and consent of the ,senate4 7#b7 ,deputy administrators ,the ,president may appoint1 by and with the advice and consent of the ,senate1 up to #b ,deputy ,administrators of the ,united ,states ,agency for ,international ,development1 who shall be compensated at the rate provided for at level ,,iii of the ,executive ,schedule under section #ecad of title #e1 ,united ,states ,code4 7#c7 ,assistant administrators ,the ,president may appoint1 by and with the advice and consent of the ,senate1 up to #ac ,assistant ,administrators of the ,united ,states ,agency for ,international ,development1 who shall be compensated at the rate provided for at level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code4 ,among these shall be-- 7,a7 an ,assistant ,administrator for ,policy1 ,planning1 and ,learning2 7,b7 an ,assistant ,administrator for ,food ,security2 7,c7 an ,assistant ,administrator for ,democratic and ,civic ,development2 and 7,d7 an ,assistant ,administrator for ,economic ,growth1 ,environment1 and ,energy4 7#d7 ,nominations of assistant administrators ,whenever the ,president submits to the ,senate a nomination of an individual for appointment to a position in the ,united ,states ,agency for ,international ,development pursuant to paragraph 7#c71 the ,president shall designate the regional or functional bureau or bureaus of the ,agency with respect to which the individual shall have responsibility4 7d7 ,conforming amendments ,title #e1 ,united ,states ,code1 is amended as follows3 7#a7 ,in section #ecae1 in the item relating to ,assistant ,administrators1 ,agency for ,international ,development-- 7,a7 by inserting ,united ,states before ,agency2 and 7,b7 by striking 7#f7 and inserting 7#ac74 7#b7 ,in section #gajc7;a77#b77;,b77iv71 by inserting ,united ,states before ,agency for ,international ,development4 #ajbjb4 ,role of the ,administrator 7a7 ,in general ,the ,administrator shall have the responsibility for carrying out the mandate of the ,united ,states ,agency for ,international ,development and for coordinating all ,united ,states development-related activities4 7b7 ,chief development advisor ,the ,administrator shall be the chief development advisor to the ,president4 7c7 ,national security council membership ,the ,administrator may1 as chief development advisor to the ,president1 and subject to the direction of the ,president1 attend and participate in meetings of the ,national ,security ,council4 7d7 ,united nations development agencies ,the ,administrator shall be responsible for the coordination and direction of ,united ,states policy regarding1 and contributions to1 all development-related agencies of the ,united ,nations1 in consultation with the ,assistant ,secretary of ,state for ,international ,organization ,affairs4 7e7 ,multilateral development banks ,the ,president should appoint the ,administrator to be the ,alternate ,united ,states ,governor of the ,asian ,development ,bank1 the ,african ,development ,bank1 and the ,inter-,american ,development ,bank4 #ajbjc4 ,overseas missions 7a7 ,authority ,to maintain overseas missions 7#a7 ,in general ,the ,administrator may maintain special missions or staffs outside the ,united ,states in such countries and for such periods of time as may be necessary to carry out the purposes of this ,act4 7#b7 ,other locations ,to the degree permitted by security and financial considerations1 the ,secretary should give favorable consideration to requests by the ,administrator that the ,secretary exercise authority under section #fjf7;a77#b77;,b7 of the ,secure ,embassy ,construction and ,counterterrorism ,act of #aiii 7#bb ,u4,s4,c4 #dhfe7;a77#b77;,b77 to waive certain requirements of that ,act in order to permit the ,united ,states ,agency for ,international ,development to maintain such missions or staffs at locations separate from the ,united ,states embassy4 7b7 ,appointment ,the ,administrator may appoint a head1 who shall be known as the ,mission ,director1 of each office or staff maintained under subsection 7a74 7c7 ,compensation and allowances ,each ,mission ,director may receive such compensation and allowances as are authorized by the ,foreign ,service ,act of #aihj1 not to exceed those authorized for a chief of mission 7as defined in section #ajb7;a77#c7 of that ,act71 as the ,administrator deems appropriate4 7d7 ,role of mission director ,the ,mission ,director's responsibilities shall include-- 7#a7 serving as the primary development and humanitarian advisor to the ,chief of ,mission2 7#b7 coordinating preparation of the ,country ,development ,cooperation ,strategy2 and 7#c7 supervising and directing ,united ,states development cooperation with1 and ,united ,states humanitarian operations in1 such country4 7e7 ,relationship to foreign assistance coordinator ,the responsibilities assigned to the ,mission ,director under subsection 7d7 shall not preclude the ,secretary of ,state from appointing an individual to oversee and coordinate the full range of economic and security assistance programs in a country4 #ajbjd4 ,chairman of ,,oecd ,development ,assistance ,committee 7a7 ,appointment ,the ,president may-- 7#a7 appoint any ,united ,states citizen who is not a ,federal employee1 or 7#b7 assign any ,united ,states citizen who is a ,federal employee1 to serve as ,chairman of the ,development ,assistance ,committee 7,,dac7 or any successor committee thereto of the ,organization for ,economic ,cooperation and ,development1 upon election thereto by members of said ,committee4 7b7 ,compensation and allowances 7#a7 ,in general ,an individual appointed or assigned under subsection 7a7 may receive such compensation and allowances as are authorized by the ,foreign ,service ,act of #aihj1 not to exceed those authorized for a chief of mission 7as defined in section #ajb7;a77#c7 of that ,act71 as the ,president deems appropriate4 7#b7 ,additional provisions ,such individual 7if appointed under subsection 7a77#a77 shall be deemed to be a ,federal employee for purposes of chapters #ha1 #hc1 #hd1 #hg1 and #hi of title #e1 ,united ,states ,code4 ,such individual may also1 in the ,president's discretion1 receive any other benefits and perquisites then available under this ,act to a ,chief of ,mission under section #ajajc4 #ajbje4 ,transfer and consolidation of personnel and functions ,the personnel and functions of the ,office of ,foreign ,assistance ,resources at the ,department of ,state shall be transferred to and consolidated with the ,office of ,budget and ,resource ,management at the ,united ,states ,agency for ,international ,development4 ,b ,management and program administration #a ,operating expenses and administrative authorities #ajcja4 ,operating expenses of the ,united ,states ,agency for ,international ,development 7a7 ,operating expenses ,the ,administrator is authorized to use up to #aj percent of the total amount of funds managed by the ,united ,states ,agency for ,international ,development in a fiscal year for operating expenses of the ,united ,states ,agency for ,international ,development4 7b7 ,capital investment fund ,in addition to funds made available under subsection 7a71 the ,administrator is authorized to use up to #a percent of the total amount of funds managed by the ,united ,states ,agency for ,international ,development in a fiscal year for overseas construction and related costs1 and for the procurement and enhancement of information technology and related capital investments4 ,amounts made available under this subsection are authorized to remain available until expended4 7c7 ,management of funds ,the annual congressional budget justification prepared pursuant to section #hcjb of this ,act shall contain an estimate of the total funds managed by the ,united ,states ,agency for ,international ,development1 disaggregated by account1 and a detailed operating expenses budget4 7d7 ,status of obligations ,the ,administrator shall keep the appropriate congressional committees currently informed of the status of obligations of amounts made available under this section4 7e7 ,definitions ,in this section3 7#a7 ,operating expenses ,the term operating expenses means a use of funds that is authorized under section #ajcjb4 7#b7 ,funds managed by ,agency ,the term funds managed by the ,united ,states ,agency for ,international ,development means all funds over which the ,administrator has obligation authority1 including-- 7,a7 appropriations to carry out this ,act2 7,b7 allocations or transfers from any other ,federal agency1 or from other appropriations1 for functions directly related to the purposes of this ,act2 and 7,c7 proceeds from the disposal of property acquired under the authority of section #ajcjb 7or predecessor provisions of law74 #ajcjb4 ,authorized uses of funds 7a7 ,authorized uses ,for purposes of section #ajcja7;a71 the following costs shall be considered operating expenses of the ,united ,states ,agency for ,international ,development and shall be included within the percentage limitation contained in such section3 7#a7 ,all compensation1 training and benefits for ,agency personnel1 including personal services contractors1 during the time such personnel have ,washington1 ,,dc1 or other places in the ,united ,states as their official duty station4 7#b7 ,travel and transportation of ,agency personnel described in paragraph 7#a7 and their dependents and possessions4 7#c7 ,acquisition1 rent1 operation and maintenance in the ,united ,states of motor vehicles1 aircraft1 and vessels4 7#d7 ,acquisition1 rent1 operation and maintenance in the ,united ,states of land and facilities4 7#e7 ,furniture and equipment located in the ,united ,states1 including operation and maintenance4 7#f7 ,utilities1 insurance1 communications1 printing and reproduction1 and miscellaneous services and charges in the ,united ,states4 7#g7 ,subscriptions1 supplies and materials for use in the ,united ,states4 7#h7 ,attendance at meetings and conferences of ,agency personnel described in paragraph 7#a74 7#i7 ,commissions1 councils1 boards and similar groups authorized by law primarily located in the ,united ,states4 7#aj7 ,security equipment and services in the ,united ,states4 7#aa7 ,institutional1 administrative service1 and any other contract1 including profit and overhead1 for work to be performed primarily in the ,united ,states4 7#ab7 ,representation and entertainment expenses in the ,united ,states4 7b7 ,compliance with federal law ,all new facilities constructed under the authorities of this section1 whether inside or outside the ,united ,states1 shall comply with all relevant ,federal codes and standards requiring access for persons with disabilities4 #ajcjc4 ,operating expenses of the ,office of the ,inspector ,general 7a7 ,in general ,the ,president is authorized to pay for the necessary operating expenses of the ,office of the ,inspector ,general of the ,united ,states ,agency for ,international ,development to the extent and in the amounts authorized and appropriated for such purposes in any fiscal year4 7b7 ,additional amounts ,there are authorized to be appropriated to the ,president such amounts as may be necessary for increases in compensation1 retirement1 and other personnel benefits authorized by law1 and for other nondiscretionary costs of the ,office4 #ajcjd4 ,administrative authorities of the ,department of ,defense 7a7 ,in general ,funds allocated to the ,department of ,defense for the purpose of providing assistance under this ,act shall be available for the following3 7#a7 ,administrative1 extraordinary 7not to exceed #cjj1jjj in any fiscal year71 and operating expenses incurred in furnishing assistance under this ,act administered through the ,department of ,defense1 including the purchase of passenger motor vehicles for replacement only for use outside of the ,united ,states4 7#b7 ,reimbursement of actual expenses of military officers detailed or assigned as tour directors in connection with orientation visits of foreign military and related civilian personnel1 in accordance with the provisions of section #egjb of title #e1 ,united ,states ,code1 applicable to ,federal employees4 7#c7 ,maintenance1 repair1 alteration1 and furnishing of ,united ,states-owned facilities in the ,district of ,columbia or elsewhere for the training of foreign military and related civilian personnel without regard to the provisions of section #fcjc of title #da1 ,united ,states ,code1 or other provision of law requiring a specific authorization or specific appropriation for such public contracts4 7b7 ,military officer ,the term military officer means a commissioned1 warrant1 or non-commissioned officer of the ,united ,states ,armed ,forces4 #ajcje4 ,working ,capital ,fund 7a7 ,establishment ,the ,administrator is authorized to establish a ,working ,capital ,fund 7in this section referred to as the ,fund74 7b7 ,purpose ,amounts deposited during any fiscal year in the ,fund shall be available without fiscal year limitation and used1 in addition to other funds available for such purposes1 for administrative costs resulting from ,agency implementation and procurement reform efforts1 the administration of this ,fund1 and administrative contingencies designated by the ,administrator4 7c7 ,deposits into the fund ,there may be deposited in any fiscal year in the ,fund up to #a percent of the total value of obligations entered into by the ,agency from appropriations available to the ,agency and any appropriation made available for the purpose of providing capital4 ,receipts from the disposal of1 or payments for the loss or damage to1 property held in the ,fund1 rebates1 reimbursements1 refunds and other credits applicable to the operation of the ,fund may be deposited into the ,fund4 7d7 ,refunds ,at the close of each fiscal year the ,administrator shall transfer out of the ,fund and into the ,emergency ,humanitarian ,response ,fund established under section #aije of this ,act amounts in excess of #ajj1jjj1jjj and any other amounts that the ,administrator determines to be in excess of the needs of the ,fund4 #ajcjf4 ,suspension and debarment 7a7 ,eligibility ,to receive funds ,the ,president shall issue and enforce regulations determining the eligibility of any person to receive funds made available under this ,act4 7b7 ,suspension ,the regulations described in subsection 7a7 shall provide for the suspension of eligibility of a person for a temporary period pending the completion of an investigation and any resulting judicial or debarment proceedings1 upon cause for belief that such person or an affiliate thereof probably has undertaken conduct which constitutes a cause for debarment4 7c7 ,debarment ,a person may be debarred from further receipt of funds made available under this ,act1 and from participating in any contract or agreement regarding the use of funds made available under this ,act1 for-- 7#a7 conviction of or civil judgment for-- 7,a7 commission of fraud or a criminal offense in connection with obtaining1 attempting to obtain1 or performing a public or private agreement or transaction2 7,b7 violation of ,federal or ,state antitrust statutes1 including those proscribing price fixing between competitors1 allocation of customers between competitors1 and bid rigging2 7,c7 commission of embezzlement1 theft1 forgery1 bribery1 falsification or destruction of records1 making false statements1 tax evasion1 receiving stolen property1 making false claims or obstruction of justice2 or 7,d7 commission of any other offense indicating a lack of business integrity or business honesty2 7#b7 violation of the terms of a public agreement or transaction so serious as to affect the integrity of a program under this ,act1 such as-- 7,a7 a willful failure to perform in accordance with the terms of one or more public agreements or transactions2 7,b7 a history of failure to perform or of unsatisfactory performance of one or more public agreements or transactions2 or 7,c7 a willful violation of a statutory or regulatory provision or requirement applicable to a public agreement or transaction2 or 7#c7 any of the following causes3 7,a7 knowingly doing business with an ineligible person2 7,b7 failure to pay a single substantial debt1 or a number of outstanding debts1 owed to any ,federal agency or instrumentality2 7,c7 engaging in any of the behavior described in section #ajc7h7 or #ajc7i7 of the ,trafficking ,victims ,protection ,act of #bjjj 7,public ,law #ajf-chf72 or 7,d7 any other cause of a serious or compelling nature4 7d7 ,reinstatement ,reinstatement of eligibility in each particular case shall be subject to such conditions as the ,president shall direct4 #ajcjg4 ,false claims and ineligible commodities 7a7 ,in general ,any person who makes or causes to be made or presents or causes to be presented to any bank or other financial institution or to any officer1 agent1 or employee of any agency of the ,united ,states ,government a claim for payment from funds made available under this ,act for the purposes of furnishing assistance and who knows the claim to be false1 fraudulent1 or fictitious or to cover a commodity or commodity-related service determined by the ,president to be ineligible for payment from funds made available under this ,act1 or who uses to support such claim any certification1 statement1 or entry on any contract1 bill of lading1 ,government or commercial invoice1 or ,government form1 which such person knows1 or in the exercise of prudent business management should know1 to contain false1 fraudulent1 or fictitious information1 or who uses or engages in any other fraudulent trick1 scheme1 or device for the purpose of securing or obtaining1 or aiding to secure or obtain1 for any person any benefit or payment from funds so made available under this ,act in connection with the negotiation1 procurement1 award1 or performance of a contract financed with funds so made available under this ,act1 and any person who enters into an agreement1 combination or conspiracy to do so-- 7#a7 shall pay to the ,united ,states an amount equal to #be per centum of any amount thereby sought to be wrongfully secured or obtained but not actually received2 7#b7 shall forfeit and refund any payment1 compensation1 loan1 commission1 or advance received as a result thereof2 and 7#c7 shall1 in addition1 pay to the ,united ,states for each such act-- 7,a7 the sum of #b1jjj and double the amount of any damage which the ,united ,states may have sustained by reason thereof2 or 7,b7 an amount equal to #ej per centum of any such payment1 compensation1 loan1 commission1 or advance so received1 whichever is the greater1 together with the costs of suit4 7b7 ,judicial proceeding and withholding of funds 7#a7 ,in general ,in order to secure recovery under this section1 the ,president may1 as the ,president deems appropriate-- 7,a7 institute suit in the ,united ,states district court for any judicial district in which the person alleged to have performed or participated in an act described by this section may reside or may be found2 and 7,b7 upon posting by registered mail to such person a notice of claim describing the basis therefor and identifying the funds to be withheld1 withhold from funds owed by any agency of the ,united ,states ,government to such person an amount equal to the refund1 damages1 liquidated damages1 and exemplary damages claimed by the ,united ,states under this section4 7#b7 ,effect of withholding ,any such withholding of funds from any person shall constitute a final determination of the rights and liabilities of such person under this section with respect to the amount so withheld1 unless within one year of receiving the notice of claim such person brings suit for recovery1 which is hereby authorized1 against the ,united ,states in any ,united ,states district court4 7c7 ,person defined ,for purposes of this section1 the term person includes any individual1 corporation1 partnership1 association1 or other legal entity4 #ajcjh4 ,termination expenses 7a7 ,termination expenses 7#a7 ,in general ,funds made available under this ,act1 the former authority of the ,foreign ,assistance ,act of #aifa1 the former authority of section #bc of the ,arms ,export ,control ,act1 or other predecessor provisions of law shall remain available for obligation for a period not to exceed #h months from the date of any termination of assistance under such ,acts for the necessary expenses of winding up programs related to such termination and may remain available until expended4 7#b7 ,treatment of obligated funds ,funds obligated under the authority of such ,acts prior to the effective date of the termination of assistance may remain available for expenditure for the necessary expenses of winding up programs related to such termination notwithstanding any provision of law restricting the expenditure of funds4 7#c7 ,completion of training or studies ,in order to ensure the effectiveness of such assistance1 such expenses for orderly termination of programs may include the obligation and expenditure of funds to complete the training or studies outside their countries of origin of students whose course of study or training program began before assistance was terminated4 7b7 ,liability to contractors ,for the purpose of making an equitable settlement of termination claims under extraordinary contractual relief standards1 the ,president is authorized to adopt as a contract or other obligation of the ,united ,states ,government1 and assume 7in whole or in part7 any liabilities arising thereunder1 any contract with a ,united ,states or third-country contractor that had been funded with assistance under the ,acts referred to in subsection 7a7 prior to the termination of assistance4 7c7 ,reobligation of amounts terminated ,amounts obligated for assistance and subsequently terminated by the ,president1 or by any provision of law1 shall continue to remain available and may be reobligated to meet any necessary expenses arising from the termination of such assistance4 7d7 ,guaranty programs ,no provision of this ,act or any other ,act requiring the termination of assistance under this ,act or any other ,act shall be construed to require the termination of guarantee commitments that were entered into prior to the effective date of the termination of assistance4 7e7 ,relation to other provisions ,unless specifically made inapplicable by another provision of law1 the provisions of this section shall be applicable to the termination of assistance pursuant to any provision of law4 #b ,assistance authorities and program expenses #ajdja4 ,general assistance authorities 7a7 ,terms of assistance ,except as otherwise specifically prohibited in this ,act1 assistance under this ,act may be furnished on a grant1 loan1 or guaranty basis1 or on such terms1 including cash1 credit1 or other terms of repayment 7including repayment in foreign currencies or by transfer to the ,united ,states ,government of articles71 as may be determined to be best suited to the achievement of the purposes of this ,act4 7b7 ,terms and conditions ,the ,president1 the ,secretary1 and the ,administrator1 as the case may be1 may furnish assistance under this ,act on such terms and conditions 7consistent with other provisions of law7 as he or she deems appropriate1 and1 consistent with the provisions of this ,act1 may charge such fees for guarantees and loans under this ,act as he or she deems appropriate4 ,credit assistance shall be consistent with the provisions of the ,federal ,credit ,reform ,act of #aiij4 ,in the case of contributions or other assistance provided for an international organization or arrangement under this or any other ,act1 such organization or arrangement may utilize its own procurement1 administrative1 accounting1 and audit rules and procedures4 7c7 ,implementation ,in furtherance of the purposes and subject to the limitations of this ,act1 the ,president1 the ,secretary1 and the ,administrator1 in providing assistance under this ,act1 may make loans 7in conformity with the provisions of the ,federal ,credit ,reform ,act of #aiij71 advances1 and grants to1 make and perform agreements and contracts with1 or enter into other transactions with1 any person1 corporation1 or other body of persons1 any government or government agency1 and any international organization or arrangement4 7d7 ,gifts ,the ,president1 the ,secretary1 and the ,administrator may accept and use in furtherance of the purposes of this ,act1 money1 funds1 property1 and services of any kind made available by gift1 devise1 bequest1 grant1 or otherwise for such purpose4 7e7 ,insurance 7#a7 ,foreign participants ,any ,federal agency is authorized to pay the cost of health and accident insurance for foreign participants in any program of furnishing assistance administered by such agency while such participants are absent from their homes for the purpose of participation in such program4 7#b7 ,foreign personnel ,any ,federal agency is authorized to pay the cost of health and accident insurance for foreign personnel of that agency while such personnel are absent from their places of employment abroad for purposes of training or other official duties4 7f7 ,admission to united states ,alien participants in any program of furnishing assistance under this ,act may be admitted to the ,united ,states if otherwise qualified as nonimmigrants under section #aja7;a77#ae7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae771 for such time and under such conditions as may be prescribed by regulations promulgated by the ,secretary of ,state and the ,attorney ,general4 7g7 ,assistance authorities ,in furnishing and administering assistance under this ,act1 the ,president1 the ,secretary1 and the ,administrator-- 7#a7 may issue letters of credit and letters of commitment2 7#b7 may collect1 compromise1 reschedule or otherwise settle any obligations assigned to1 or held by1 and any legal or equitable rights accruing to1 the ,united ,states and may 7as he or she deems appropriate7 refer any such obligations or rights to the ,attorney ,general for suit or collection2 7#c7 may-- 7,a7 acquire and dispose of 7upon such terms and conditions as he or she deems appropriate7 any property1 including any instrument evidencing indebtedness or ownership2 and 7,b7 guarantee payment against any such instrument2 7#d7 may establish the character of1 and decide the necessity for1 obligations and expenditures of funds used in furnishing and administering such assistance and the manner in which such obligations and expenditures shall be incurred1 allowed1 and paid1 subject to provisions of law specifically applicable to corporations of the ,united ,states ,government2 and 7#e7 shall cause to be maintained an integral set of accounts which shall be audited by the ,government ,accountability ,office in accordance with principles and procedures applicable to commercial corporate transactions as provided by chapter #ia of title #ca1 ,united ,states ,code4 7h7 ,guarantees ,guarantees issued to carry out the purposes of this ,act shall be subject to the following3 7#a7 ,full faith and credit ,the full faith and credit of the ,united ,states may be pledged for the full payment and performance of guarantees issued under this ,act or predecessor ,acts4 7#b7 ,charges ,the ,president may charge appropriate fees or interest in connection with the activities carried out under such authority4 7#c7 ,relationship to other provisions of law ,guarantees may be provided under this ,act without regard to commodity restrictions4 7#d7 ,denomination of liability ,the losses guaranteed may be in dollars or in other currencies4 ,in the case of losses guaranteed in currencies other than dollars1 the guarantees issued shall be subject to an overall payment limitation expressed in dollars4 7i7 ,loan ,guarantees to ,israel ,program ,notwithstanding section #aabja7a71 section #bbf of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #bahf2 relating to ,loan ,guarantees to ,israel ,program71 shall not be repealed and shall remain in effect as on the day before the date of the enactment of this ,act4 7j7 ,subsidy cost of guarantees and loans ,the ,president1 the ,secretary1 and the ,administrator1 as the case may be1 may use funds made available under this ,act to pay the cost 7as defined in section #acbja of the ,budget ,enforcement ,act of #aiij7 of direct loans and loan guarantees made or entered into 7and associated administrative costs7 in furtherance of the purposes of this ,act4 ,funds appropriated to pay the cost 7as defined in section #acbja of the ,budget ,enforcement ,act of #aiij7 of direct loans and loan guarantees made or entered into to carry out the provisions of this ,act shall be provided in conformity with section #ejd7;b77#a7 of the ,federal ,credit ,reform ,act of #aiij4 7k7 ,claims relating to guarantees ,claims arising as a result of any guarantee program authorized by this ,act may be settled1 and disputes arising as the result thereof may be arbitrated with the consent of the parties1 on such terms and conditions as the ,president may direct4 ,payment made pursuant to any such settlement1 or as a result of an arbitration award1 shall be final and conclusive notwithstanding any other provision of law4 7l7 ,financial transactions with foreign governments in default of obligations to the united states ,section #iee of title #ah1 ,united ,states ,code1 shall not apply to any person-- 7#a7 who acts for or participates in any operation or transaction arising under this ,act2 or 7#b7 who acquires any obligation issued in connection with any operation or transaction arising under this ,act4 7m7 ,educational institutions ,any cost-type contract or agreement 7including grants7 entered into with an institution of higher education for the purpose of carrying out programs authorized by this ,act may provide for the payment of the reimbursable indirect costs of that institution on the basis of predetermined fixed-percentage rates applied to the total or an element thereof1 of the reimbursable direct costs incurred4 7n7 ,per diem ,funds made available under this ,act may be used for payment of per diem in lieu of subsistence to foreign participants engaged in any program under this ,act while such participants are away from their homes in countries other than the ,united ,states1 at rates not in excess of those prescribed by the standardized ,government travel regulations1 notwithstanding any other provision of law4 7o7 ,multiyear commitments ,except as otherwise provided in this ,act1 a contract or agreement which entails commitments for the expenditure of funds under this ,act may1 subject to any future action of the ,congress1 extend at any time for not more than #e years4 7p7 ,program and management oversight ,the ,administrator may use funds made available under title ,i to provide program and management oversight for activities that are funded under that title and that are conducted in countries in which the ,agency does not have a field mission or office4 #ajdjb4 ,authority to conduct reimbursable programs 7a7 ,general authority ,whenever the ,president considers it consistent with and within the limitations of this ,act1 any ,federal agency is authorized to furnish services and articles on an advance-of-funds or reimbursement basis to partner countries1 international organizations and arrangements1 and nongovernmental organizations4 7b7 ,personal service contracts 7#a7 ,in general ,when any ,federal agency provides services on an advance-of-funds or reimbursable basis under this section1 such agency may contract with individuals for personal service abroad or in the ,united ,states-- 7,a7 to perform such services2 or 7,b7 to replace1 in a manner otherwise permitted by law1 ,federal employees who are assigned by the agency to provide such services4 7#b7 ,rule of construction ,such individuals shall not be regarded as ,federal employees for the purpose of any law administered by the ,office of ,personnel ,management4 7c7 ,use of payments ,advances and reimbursements received under this section shall be credited to the currently applicable appropriation1 account1 or fund of the agency concerned and shall be available for the purposes for which such appropriation1 account1 or fund is authorized to be used4 #ajdjc4 ,retention of interest 7a7 ,general authority ,the ,administrator may1 for the purpose of carrying out the provisions of title ,i1 enter into agreements with international organizations and with local entities that provide for the retention by such organizations and entities1 without deposit in the ,treasury of the ,united ,states and without further appropriation by ,congress1 of interest earned on the advance of funds4 7b7 ,use of interest ,any interest earned on the advance of funds made available under subsection 7a7 shall be used only for the purposes for which the agreement is made4 7c7 ,audits ,the ,administrator shall audit1 on a regular and recurring basis1 interest earned on advance funds to ensure that the requirements of subsection 7a7 are strictly observed4 7d7 ,limitation ,the authorities of this section may be used only for agreements with a value of #e1jjj1jjj or less4 7e7 ,transparency ,the ,administrator shall make publicly available on the ,internet website of the ,agency information about each agreement made under the authority of this section1 including the name of the organization or entity and the amount and the purpose of the agreement4 #ajdjd4 ,marking and branding of economic and humanitarian assistance 7a7 ,requirement ,economic assistance and humanitarian assistance implemented with funds made available to any agency to carry out the purposes of this or any other ,act1 and to any contractor or grantee thereof1 shall be identified as being ,from the ,american ,people and only as follows3 7#a7 ,the site or article1 as appropriate1 shall not include any reference to a particular ,federal agency or division thereof4 7#b7 ,the identification of the assistance shall include only a representation of the ,american flag1 and shall not include any logo of a particular ,federal agency or division thereof4 7b7 ,relationship to other provisions of law and regulations ,the provisions of this section shall be applicable notwithstanding any other provision of this or any other ,act1 and notwithstanding any ,federal regulation1 agency guidance1 or procedure to the contrary4 7c7 ,applicability ,the provisions of this section shall be applicable to all-- 7#a7 articles2 and 7#b7 program1 project and activity sites4 7d7 ,ongoing programs ,to the extent it is feasible and cost effective to do so1 the marking and branding of articles and sites financed pursuant to ongoing agreements1 including grants1 contracts1 and cooperative agreements1 shall be conformed to meet the requirements of this section4 7e7 ,exceptions ,the requirements of subsection 7a7 shall not apply-- 7#a7 if the ,chief of ,mission or the relevant ,assistant ,secretary of ,state determines that the marking of a particular program1 project1 or activity would-- 7,a7 jeopardize the health1 safety or human rights of a private partner or intended beneficiary2 or 7,b7 be detrimental to the achievement of the objectives of such program1 project1 or activity in such country2 7#b7 if the ,secretary determines that the marking of economic assistance or humanitarian assistance in such country would be detrimental to the achievement of overall ,united ,states foreign policy objectives in such country2 7#c7 to office space occupied by a private partner1 or to housing1 personal vehicles or other personal property of employees thereof2 or 7#d7 to a project or activity for which the ,united ,states is one among many donors or has contributed a small proportion of the total costs4 7f7 ,exemption from determination ,a determination under subsection 7e77#b7 shall not preclude the ,secretary from requiring that specific articles or sites financed by the ,united ,states ,government in such country be subject to the requirements of subsection 7a74 7g7 ,co-,branding ,the requirements of subsection 7a7 shall not prohibit the identification of economic assistance or humanitarian assistance provided through a private partner with such partner's own organizational brand or logo1 subject to any standards or regulations that the ,president may establish4 #ajdje4 ,reductions in designated funds 7a7 ,designated funds defined ,for the purposes of this section1 the term designated funds means amounts within an account that are authorized or appropriated to be available only for a particular country1 organization1 or purpose during a specified fiscal period4 7b7 ,proportional reductions ,if the amount appropriated for a fiscal period to carry out any provision of this ,act 7including rescissions and reductions required by law7 is less than the amount authorized to be appropriated to carry out such provision1 then the ,president is authorized to make a proportionate reduction in designated funds1 notwithstanding the provision of law making such designation4 7c7 ,reprogrammings ,notwithstanding a provision of law providing for designated funds1 the ,president may reprogram such designated funds to other programs within the same account under the same terms and conditions as originally provided1 if-- 7#a7 compliance with such provision of law is made impossible by operation of law2 or 7#b7 the ,president determines that a significant change in circumstances relating to the particular country1 organization1 or purpose makes it unlikely that the designated funds can be obligated during the original period of availability4 7d7 ,congressional notification ,a reprogramming pursuant to subsection 7c7 shall be subject to the regular notification procedures under section #hdja4 #ajdjf4 ,requirement for authorization of appropriations 7a7 ,requirement for authorization ,funds appropriated to carry out this ,act shall not be available for obligation or expenditure-- 7#a7 unless the appropriation thereof has been specifically authorized by law2 or 7#b7 in excess of the amount authorized by law4 7b7 ,subsequent authorizations ,to the extent that legislation enacted after the making of an appropriation for foreign assistance authorizes the obligation or expenditure thereof1 the limitation contained in subsection 7a7 shall not apply4 7c7 ,relation to other provisions ,the provisions of this section shall not be superseded except by a provision of law that specifically repeals or modifies the provisions of this section4 #ajdjg4 ,unexpended balances ,unexpended balances of funds made available pursuant to the ,foreign ,assistance ,act of #aifa 7as in effect on the day before the date of the enactment of this ,act7 are authorized to remain available for the general purposes for which appropriated and may be consolidated with appropriations made available for the same general purposes under the authority of this ,act4 #ajdjh4 ,authority for extended period of availability of appropriations ,unless otherwise specified1 amounts appropriated to carry out this ,act are authorized to remain available until expended4 #ajdji4 ,support for regional1 international and nongovernmental organizations ,in carrying out the goals and objectives of this ,act1 the ,administrator is authorized to support programs1 projects1 and activities of1 and to provide technical assistance to1 regional1 international1 and nongovernmental organizations4 #ajdaj4 ,protection of patents and technical information 7a7 ,inventions and discoveries ,whenever1 in connection with the furnishing of assistance under this ,act-- 7#a7 an invention or discovery covered by a patent issued by the ,united ,states ,government is practiced within the ,united ,states without the authorization of the owner1 or 7#b7 information1 which is 7,a7 protected by law1 and 7,b7 held by the ,united ,states ,government subject to restrictions imposed by the owner1 is disclosed by the ,united ,states ,government or any of its officers1 employees1 or agents in violation of such restrictions1 the exclusive remedy of the owner1 except as provided in subsection 7b71 is to sue the ,united ,states ,government for reasonable and entire compensation for such practice or disclosure in the district court of the ,united ,states for the district in which such owner is a resident1 or in the ,united ,states ,court of ,federal ,claims within six years after the cause of action arises4 ,any period during which the ,united ,states ,government is in possession of a written claim under subsection 7b7 before mailing a notice of denial of that claim does not count in computing the six years4 ,in any such suit1 the ,united ,states ,government may plead any defense that may be pleaded by a private person in such an action4 ,the last paragraph of section #adih7;a7 of title #bh of the ,united ,states ,code shall apply to inventions and information covered by this section4 7b7 ,remedy ,before suit against the ,united ,states ,government has been instituted1 the head of the agency of the ,united ,states ,government concerned may settle and pay any claim arising under the circumstances described in subsection 7a74 ,no claim may be paid under this subsection unless the amount tendered is accepted by the claimant in full satisfaction4 7c7 ,pharmaceutical products ,no assistance under this ,act may be made available for the acquisition of any drug product or pharmaceutical product manufactured outside the ,united ,states1 if the manufacture of such drug product or pharmaceutical product in the ,united ,states would involve the use of1 or be covered by1 an unexpired patent of the ,united ,states which has not previously been held invalid by an unappealed or unappealable judgment or decree of a court of competent jurisdiction1 unless-- 7#a7 such manufacture is expressly authorized by the owner of such patent2 or 7#b7 the ,secretary determines1 on a case-by-case basis1 that the application of this subsection would significantly reduce the ability of the ,united ,states to save lives and alleviate human suffering in a developing country4 #ajdaa4 ,private and voluntary organizations and cooperatives ,prohibitions on assistance to countries contained in this or any other ,act shall not be construed to prohibit assistance by the ,agency in support of programs of private and voluntary organizations and cooperatives already being supported prior to the date such prohibition becomes applicable1 if the ,president determines1 and reports to the appropriate congressional committees within #ae days of making such determination1 that continuation of support for such programs is in the national interest of the ,united ,states1 along with the reasons for such continuation4 #c ,procurement1 disposition1 transportation and valuation of articles #ajeja4 ,procurement standards and procedures 7a7 ,limitations on procurement outside the united states ,funds made available for assistance under this ,act may be used by the ,president for procurement-- 7#a7 only in the ,united ,states1 the recipient country1 or developing countries2 or 7#b7 in any other country but only if-- 7,a7 the provision of such assistance requires articles or services of a type that are not produced in and available for purchase in any country specified in paragraph 7#a72 or 7,b7 the ,president determines that procurement in such other country is necessary-- 7i7 to meet unforeseen circumstances1 such as emergency situations1 where it is important to permit procurement in a country not specified in paragraph 7#a72 or 7ii7 to promote efficiency in the use of ,united ,states foreign assistance resources1 including to avoid impairment of foreign assistance objectives4 7b7 ,bulk commodities ,no funds made available under this ,act shall be used for the purchase in bulk of any commodities at prices higher than the market price prevailing in the ,united ,states at the time of purchase1 adjusted for differences in the cost of transportation to destination1 quality1 and terms of payment1 except to meet unforeseen circumstances1 such as emergency situations4 7c7 ,surplus commodities ,none of the funds made available under this ,act shall be used to establish or expand production of any commodity or extraction of any mineral for export by a foreign country if-- 7#a7 the commodity or mineral is likely to be in surplus on world markets at the time the resulting productive or extractive capacity is expected to become operative2 and 7#b7 the assistance will cause substantial injury to ,united ,states producers of the same1 similar1 or competing commodity or mineral4 7d7 ,exceptions ,the prohibition contained in subsection 7c7 shall not apply-- 7#a7 if the ,president determines that-- 7,a7 the benefits to industry and employment in the ,united ,states are likely to outweigh the injury to ,united ,states producers of the same1 similar1 or competing commodity or mineral2 or 7,b7 the foreign country is a low-income country for which production of the commodity or extraction of the mineral would contribute substantially to the reduction of poverty2 7#b7 to activities in a low-income country that does not export on a consistent basis the commodity or mineral with respect to which assistance is provided2 or 7#c7 to activities in a country which the ,president determines is recovering from widespread conflict1 a humanitarian crisis1 or a complex emergency4 7e7 ,notification ,the ,president shall notify the appropriate congressional committees of a determination under this section1 in accordance with the procedures set forth in section #hdja4 7f7 ,low-,income country defined ,in this section1 the term low-income country means a country that is eligible for assistance from the ,international ,development ,association but is not eligible for assistance from the ,international ,bank for ,reconstruction and ,development4 #ajejb4 ,local procurement 7a7 ,limited competition ,the ,administrator is authorized1 using funds made available under title ,i1 to award contracts and other instruments in which competition is limited to local entities4 7b7 ,amount of awards ,the authority provided in subsection 7a7 may not be used to make awards in excess of #e1jjj1jjj4 7c7 ,procurements ,the requirements of section #ajeja and similar provisions of law relating to the procurement of goods and services shall not apply to procurements made under agreements entered into under the authority of this section4 #ajejc4 ,united ,states competitiveness ,in order to ensure maximum competition for contracts receiving funding under this ,act1 the ,president shall establish procedures to ensure that-- 7#a7 all solicitations under this ,act for contracts over #e1jjj1jjj1 regardless of the location where the contract is to be performed1 are made publicly available on a single1 centralized ,internet website2 7#b7 in countries with nonconvertible or highly unstable currencies-- 7,a7 solicitations may be bid in ,united ,states dollars2 and 7,b7 contracts awarded to ,united ,states firms may be paid in ,united ,states dollars2 7#c7 ,united ,states diplomatic and consular posts assist ,united ,states firms in obtaining local licenses and permits2 and 7#d7 ,united ,states firms are not disadvantaged during the solicitation and bid evaluation process4 #ajejd4 ,small business 7a7 ,in general ,insofar as practicable and to the maximum extent consistent with the accomplishment of the purposes of this ,act1 the ,president shall assist ,united ,states small business to participate equitably in the provision of commodities1 articles1 and services 7including defense articles and defense services7 financed with funds made available under this ,act-- 7#a7 by causing to be made available to suppliers in the ,united ,states1 and particularly to small independent enterprises1 information1 as far in advance as possible1 with respect to purchases proposed to be financed with such funds2 7#b7 by causing to be made available to prospective purchasers in partner countries information as to such commodities1 articles1 and services produced by small independent enterprises in the ,united ,states2 and 7#c7 by providing for additional services to give small business better opportunities to participate in the provision of such commodities1 articles1 and services financed with such funds4 7b7 ,office of ,small and ,disadvantaged ,business ,utilization ,there shall be an ,office of ,small and ,disadvantaged ,business ,utilization within the ,agency1 and similar offices within such other agencies as the ,president may direct1 to assist in carrying out the provisions of subsection 7a74 7c7 ,department of ,defense purchases ,the ,secretary of ,defense shall ensure that there is made available to suppliers in the ,united ,states1 and particularly to small independent enterprises1 information with respect to purchases made by the ,department of ,defense pursuant to title ,,iv1 such information to be furnished as far in advance as possible4 #ajeje4 ,allocation or transfer of funds and reimbursement among agencies 7a7 ,allocations or transfers to agencies ,the ,president1 or with respect to funds appropriated to any ,federal agency1 the head of such agency1 as the case may be1 may allocate or transfer to any ,federal agency any funds available for providing assistance under this ,act1 including any advance to the ,united ,states ,government by any country or international organization for the procurement of articles or services4 ,such funds shall be available for obligation and expenditure for the purposes for which authorized1 in accordance with the authority pursuant to which they were made available or the authority governing the activities of the agency to which such funds are allocated or transferred4 7b7 ,procurement from other agencies 7#a7 ,authority ,any officer of the ,united ,states ,government carrying out functions under this ,act may utilize any facility of1 and may procure any article or service from1 any ,federal agency as the ,president shall direct1 or with the consent of the head of such agency4 7#b7 ,separate account ,funds allocated pursuant to this subsection to any such agency may be established in separate appropriation accounts on the books of the ,treasury of the ,united ,states4 7c7 ,reimbursement to agencies 7#a7 ,in general ,in the case of any facility utilized by1 or any article or service procured from1 any ,federal agency to carry out any provision of this ,act 7except as otherwise specifically provided in this ,act71 reimbursement or payment shall be made to such agency from funds available to carry out that provision4 7#b7 ,amount of reimbursement ,such reimbursement or payment shall be at-- 7,a7 replacement cost2 7,b7 if required by law1 actual cost2 7,c7 in the case of defense articles procured from the ,department of ,defense1 value as defined in section #ddab1 or1 if required by law1 actual costs2 7,d7 in the case of services procured from the ,department of ,defense1 the amount of the additional costs incurred by the ,department of ,defense in providing such services1 or1 if required by law1 actual costs2 or 7,e7 at any other cost agreed to by the owning or disposing agency4 7#c7 ,crediting of reimbursement ,the amount of any such reimbursement or payment shall either be credited to current applicable appropriations1 funds1 or accounts of such agency1 to be available for the same purposes and for the same time period as the appropriation1 fund or account to which transferred1 or any such credited funds shall remain available for such purposes until expended4 7d7 ,reimbursement to the department of defense ,reimbursement or payment to the ,department of ,defense under subsection 7c7 shall exclude salaries of members of the ,united ,states ,armed ,forces 7other than the ,coast ,guard7 and unfunded estimated costs of civilian retirement and other benefits1 unless otherwise required by law4 7e7 ,establishment of accounts 7#a7 ,authority to establish2 uses ,in furnishing assistance under this ,act1 accounts may be established on the books of any ,federal agency or1 on terms and conditions approved by the ,secretary of the ,treasury1 in banking institutions in the ,united ,states-- 7,a7 against which letters of commitment may be issued which shall constitute recordable obligations of the ,united ,states ,government1 and moneys due or to become due under such letters of commitment shall be assignable under the last sentence of section #cgbg7;b7 and section #cgbg7;c7 of title #ca1 ,united ,states ,code1 and paragraphs 7#e7 and 7#f7 of section #fcje7;b7 of title #da1 ,united ,states ,code2 and 7,b7 from which disbursements may be made to1 or withdrawals may be made by1 recipient countries or agencies1 organizations1 or persons upon presentation of contracts1 invoices1 or other appropriate documentation4 7#b7 ,accounting for expenditures ,expenditure of funds that have been made available through accounts established under paragraph 7#a7 shall be accounted for on standard documentation required for expenditure of funds of the ,united ,states ,government4 7f7 ,responsibility of agencies 7#a7 ,in general ,the agency to which funds are transferred or allocated pursuant to the authority of subsection 7a71 or any comparable provision of law1 shall be the agency responsible for the management and use of such funds4 7#b7 ,audit ,any agreement for the transfer or allocation of such funds shall expressly provide that the ,office of the ,inspector ,general for the agency receiving the transfer or allocation shall perform periodic program and financial audits of the use of those funds4 ,funds transferred or allocated pursuant to subsection 7a7 may be used for the cost of such audits4 #ajejf4 ,retention and use of certain items and funds 7a7 ,retention and use of certain articles 7#a7 ,authority to retain1 transfer1 and use ,any articles procured to carry out this ,act shall be retained by1 or 7upon reimbursement7 transferred to and for the use of1 such ,federal agency as the ,president deems appropriate in lieu of being disposed of to a foreign country or international organization1 whenever in the judgment of the ,president the best interests of the ,united ,states will be served thereby4 7#b7 ,laws governing disposal of government property ,any articles so retained may be disposed of without regard to provisions of law relating to the disposal of property owned by the ,united ,states ,government1 when necessary to prevent spoilage or wastage of such articles or to conserve their usefulness4 7#c7 ,proceeds credited to appropriations ,funds realized from any disposal or transfer of any articles shall revert to the respective appropriation1 fund1 or account used to procure such articles or to the appropriation1 fund1 or account currently available for the same general purpose1 and shall remain available until expended4 7b7 ,articles received as payment ,whenever articles are transferred to the ,united ,states ,government as repayment of assistance under this ,act or the ,foreign ,assistance ,act of #aifa 7as in effect on the day before the date of the enactment of this ,act71 such articles may be used in furtherance of the purposes and within the limitations of this ,act4 7c7 ,failed transactions ,funds realized as a result of any failure of a transaction financed under this ,act to conform to the requirements of this ,act1 to applicable rules and regulations of the ,united ,states ,government1 or to the terms of any agreement or contract entered into under this ,act1 shall revert to the respective appropriation1 fund1 or account used to finance such transaction or to the appropriation1 fund1 or account currently available for the same general purpose4 7d7 ,disposal of defense articles ,funds realized by the ,united ,states ,government from the sale1 transfer1 or disposal of defense articles furnished under chapter #b of part ,,ii of the ,foreign ,assistance ,act of #aifa 7as in effect on the day before the date of the enactment of this ,act71 and no longer needed for the purposes for which furnished1 shall be credited to the respective appropriation1 fund1 or account currently available for the same general purpose4 #ajejg4 ,foreign and domestic excess property 7a7 ,policy regarding use of excess and other available property ,in furnishing assistance under this ,act-- 7#a7 excess personal property1 or 7#b7 if a substantial savings would occur1 other property already owned by a ,federal agency1 may be utilized wherever practicable in lieu of or supplementary to the procurement of new items for ,united ,states-assisted projects and programs4 7b7 ,authority ,to use certain property for assistance purposes ,the ,president is authorized to use funds made available under this ,act to acquire-- 7#a7 property classified as domestic or foreign excess pursuant to the ,federal ,property and ,administrative ,services ,act of #aidi 7#dj ,u4,s4,c4 #dga and following71 7#b7 any property available from a ,federal agency1 or 7#c7 other property1 for use of such property as assistance in furtherance of the purposes of this ,act4 ,property acquired pursuant to this section may be furnished pursuant to any provision of this ,act for which funds are authorized for the furnishing of assistance1 and shall be subject to the same conditions and restrictions that apply to funds so authorized4 7c7 ,separate account 7#a7 ,in general ,the ,president is authorized for purposes described in subsection 7b7 to maintain in a separate account funds made available under this ,act1 free from fiscal year limitations 7notwithstanding section #aece7;d7 of title #ca1 ,united ,states ,code7 to pay costs 7including personnel costs7 of acquisition and storage 7including in advance of known requirements71 renovation and rehabilitation1 packing1 crating1 handling1 transportation1 and related costs of handling and providing such property as assistance4 7#b7 ,repayment ,the separate account established pursuant to this section may be repaid from funds made available pursuant to any provision of this ,act for which funds are authorized for the furnishing of assistance for all costs incurred4 7d7 ,conditions on use of excess property 7#a7 ,limitation ,government-owned excess property may not be made available for use under this ,act unless approval is given and a determination is made in accordance with paragraph 7#b7-- 7,a7 before the shipment of such property for use in a specified country2 or 7,b7 if the property is already in such country1 before the transfer of the property4 7#b7 ,determination ,a shipment or transfer subject to paragraph 7#a7 may take place only after the ,president approves the shipment or transfer and makes a written determination-- 7,a7 that there is a need for such property in the quantity requested and that such property is suitable for the purpose requested2 7,b7 that the designated end-user has agreed to use and maintain such property effectively1 and has the ability to do so2 and 7,c7 that the residual value1 serviceability1 and appearance of such property would not reflect unfavorably on the image of the ,united ,states and would justify the costs of packing1 crating1 handling1 transportation1 and other accessorial costs1 and that the residual value at least equals the total of these costs4 7e7 ,nonapplicability to department of defense ,this section shall not apply-- 7#a7 with respect to excess defense articles2 and 7#b7 with respect to funds made available for assistance under this ,act that is administered through the ,department of ,defense4 #ajejh4 ,ocean freight differential 7a7 ,shipping differential ,for purposes of facilitating implementation of section #ija7;b7 of the ,merchant ,marine ,act1 #aicf 7#df ,u4,s4,c4 app4 #abda7;b771 funds made available for the purposes of this ,act may be used to pay for all or any portion of the differential between ,united ,states and foreign-flag vessel charter or freight rates4 7b7 ,determinations ,the amount of the differential between ,united ,states and foreign-flag vessel charter or freight rates shall be determined by the ,secretary of ,transportation1 or in the case of food assistance1 by the ,secretary of ,transportation in consultation with the ,secretary of ,agriculture and the ,administrator4 7c7 ,use of foreign currencies ,payments under this section shall be made in ,united ,states-owned foreign currencies wherever feasible4 7d7 ,certain laws not applicable ,the ocean transportation between foreign countries of commodities purchased with foreign currencies made available or derived from funds made available under this ,act or the ,agricultural ,trade ,development and ,assistance ,act of #aied 7#g ,u4,s4,c4 #afia and following71 or any predecessor ,acts1 and transfers of fresh fruit and fresh fruit products under this ,act1 shall not be governed by section #ija7;b7 of the ,merchant ,marine ,act1 #aicf 7#df ,u4,s4,c4 app4 #abda7;b771 or any other law relating to the ocean transportation of commodities on ,united ,states flag vessels4 #ajeji4 ,use of aircraft for additional purposes 7a7 ,transfer authority 7#a7 ,in general ,aircraft procured for narcotics control purposes with funds made available under this ,act1 the ,foreign ,assistance ,act of #aifa 7as in effect on the day before the date of the enactment of this ,act71 or any ,act making appropriations for the ,department of ,state1 foreign operations1 and related programs1 may be used for any other program1 country or region1 including for the transportation of ,civilian ,response ,corps personnel and equipment during a deployment4 7#b7 ,rule of construction ,the authority of paragraph 7#a7 may be exercised notwithstanding section #ebjg or any other provision of law precluding the use of aircraft described in paragraph 7#a74 7b7 ,determination required ,the authority provided in subsection 7a7 may be exercised only if the ,secretary determines that-- 7#a7 the such aircraft is no longer required to meet programmatic purposes in the originally designated program1 country1 or region1 or 7#b7 there is an emergency need for such aircraft in another program1 country or region4 7c7 ,notification ,the appropriate congressional committees shall be notified-- 7#a7 of a determination under subsection 7b72 and 7#b7 prior to a transfer under subsection 7a74 7d7 ,aircraft coordination and use 7#a7 ,in general ,aircraft purchased or leased by the ,department of ,state or the ,united ,states ,agency for ,international ,development under this ,act1 the ,foreign ,assistance ,act of #aifa 7as in effect on the day before the date of the enactment of this ,act71 or any ,act making appropriations for the ,department of ,state1 foreign operations1 and related programs shall be-- 7,a7 coordinated by the relevant ,chief of ,mission2 7,b7 made available for the transportation of personnel supporting the programs and activities of the ,department of ,state or the ,united ,states ,agency for ,international ,development1 as the case may be2 and 7,c7 made available for official travel for other agencies for other purposes on a reimbursable basis1 or without reimbursement when traveling on a space-available basis4 7#b7 ,rule of construction ,the authority of paragraph 7#a7 may be exercised notwithstanding section #ebjg or any other provision of law precluding the use of aircraft described in paragraph 7#a74 #ajeaj4 ,streamlining and review of procurement process 7a7 ,policy ,in carrying out assistance under this ,act1 the ,administrator should seek to-- 7#a7 maximize the transparency1 efficiency1 simplicity1 and speed of the acquisitions and assistance process2 7#b7 attract and enable a wide range of ,united ,states entities to compete for awards1 regardless of whether they are large or small1 private enterprises or nonprofit organizations1 or have previously partnered with the ,agency2 7#c7 ensure that decisions regarding the use of acquisitions and assistance instruments are made without prejudice or bias toward or against private enterprises or nonprofit organizations2 and 7#d7 harmonize procurement rules1 regulations1 policies and practices with those of other ,federal agencies4 7b7 ,streamlining procedures ,to streamline the process for making awards1 the ,administrator should-- 7#a7 create simplified solicitations1 structured scopes of work1 standardized proposals and assistance templates1 and joint funding models under which multiple offices and agencies can fund integrated programs2 7#b7 consider pre-qualification short-lists to reduce award time2 7#c7 improve training for contracting and procurement personnel2 7#d7 increase transparency on anticipated activities2 and 7#e7 improve communications and consultation with the public and with private partners1 including outreach and information services to potential new partners4 7c7 ,acquisitions and assistance ,to ensure the appropriate balance and use of acquisitions and assistance instruments1 the ,administrator shall-- 7#a7 issue a policy and guidelines regarding the use and application of each type of instrument1 including the responsibility of personnel of the ,agency with respect to the administration of each type of instrument2 7#b7 make such guidelines public2 7#c7 ensure that ,agency personnel receive adequate training on the use and application of each type of instrument2 and 7#d7 review and update1 as necessary1 such policy and guidelines in light of recommendations received by the committee established under subsection 7d74 7d7 ,operational issues review committee ,the ,administrator should convene an ,advisory ,committee1 pursuant to the ,federal ,advisory ,committee ,act1 to-- 7#a7 assist in updating ,agency procedures and regulations to improve the transparency1 efficiency1 simplicity1 and speed of the acquisitions and assistance process2 7#b7 review the procedures1 policy and guidelines developed under subsections 7b7 and 7c72 and 7#c7 provide advice and guidance on other operational issues1 as appropriate4 ,such ,committee should include broad representation of both private enterprises and nonprofit organizations4 7e7 ,harmonization of procurement rules ,the ,administrator shall convene a working group1 incorporating representatives of all ,federal agencies carrying out activities under title ,i1 to harmonize rules1 regulations1 policies and practices regarding procurement4 7f7 ,rulemaking procedures ,the ,administrator shall apply the same rulemaking procedures to policies regarding assistance instruments as are applied to policies regarding acquisition instruments1 and shall ensure that all such procedures are carried out in compliance with section #ecc of title #e1 ,united ,states ,code4 #ajeaa4 ,overseas procurement flexibility ,section #c of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfgj7 is amended by-- 7#a7 in subsection 7l71 by striking and at the end2 7#b7 in subsection 7m71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following new subsection3 7n7 make and carry out contracts for procurement outside the ,united ,states of goods or services needed for the operation of ,united ,states diplomatic and consular posts and related facilities outside the ,united ,states1 provided that-- 7#a7 laws of the ,united ,states relating to the negotiation1 making1 contents or performance of government contracts for goods or services1 and advance payments and indemnification in relation to such contracts shall apply with respect to such contracts except to the extent that the ,secretary determines 7other than for purposes of chapter #ba of title #da1 ,united ,states ,code7 that the ,secretary could not reasonably meet the need of a post or facility for such goods and services by use of authority available to the ,secretary under a law under this subsection2 7#b7 the ,secretary shall-- 7,a7 issue guidance addressing use of this authority2 and 7,b7 require written approval to waive specific laws or procurement regulations under this authority by the ,procurement ,executive 7without further delegation72 and 7#c7 no individual contract action entered into under this authority shall exceed #b1jjj1jjj unless approved in writing by the ,chief ,acquisition ,officer of the ,department 7without further delegation74 4 #ajeab4 ,local guard contracts abroad ,section #acf7;c77#c7 of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiij and #aiia 7#bb ,u4,s4,c4 #dhfd7;c77#c77 is amended to read as follows3 7#c7 in evaluating proposals for such contracts1 award contracts to technically acceptable firms offering the lowest evaluated price1 except that-- 7,a7 the ,secretary may grant authorization to award contracts on the basis of best value as determined by a cost-technical tradeoff analysis2 and 7,b7 proposals received from ,united ,states persons and qualified ,united ,states joint venture persons 7as defined in subsection 7d7 of this section7 shall be evaluated by reducing the bid price by #aj percent4 4 #ajeac4 ,authority to pay transportation costs 7a7 ,in general ,in order to further the efficient use of ,united ,states voluntary contributions for alleviating human suffering1 the ,administrator is authorized to use funds made available for the purposes of title ,i to pay transportation charges on shipments of humanitarian goods by ,united ,states private and voluntary organizations4 7b7 ,reimbursements ,reimbursement under this section may be provided for transportation charges on shipments from ,united ,states ports1 or in the case of excess or surplus property supplied by the ,united ,states from foreign ports1 to ports of entry abroad or to points of entry abroad in cases-- 7#a7 of landlocked countries2 7#b7 where ports cannot be used effectively because of natural or other disturbances2 7#c7 where carriers to a specified country are unavailable2 or 7#d7 where a substantial savings in costs or time can be effected by the utilization of points of entry other than ports4 7c7 ,defraying transportation costs ,where practicable1 the ,president shall make arrangements with the receiving country for free entry of such shipments and for the making available by the country of local currencies for the purpose of defraying the transportation costs of such shipments from the port or point of entry of the receiving country to the designated shipping point of the consignee4 #d ,use of foreign currencies #ajfja4 ,separate accounts for local currencies 7a7 ,in general ,the ,administrator shall require that any local currencies generated as a result of agreements with a foreign government regarding the use of economic assistance or development assistance are deposited in a separate account established by that government4 7b7 ,agreements ,a separate account under subsection 7a7 shall be established pursuant to an agreement between the ,united ,states ,agency for ,international ,development and the foreign government which sets forth-- 7#a7 the amount of the local currencies to be generated2 7#b7 the terms and conditions under which the currencies so deposited may be utilized1 consistent with this section2 and 7#c7 the responsibilities of the ,agency and the foreign government to monitor and account for deposits into and disbursements from the separate account4 7c7 ,uses of local currencies ,local currencies deposited in a separate account pursuant to subsection 7a71 or an equivalent amount of local currencies1 shall be used only-- 7#a7 to further the goals and objectives of title ,i2 or 7#b7 for the administrative requirements of the ,united ,states ,government4 7d7 ,termination of assistance programs ,upon termination of economic assistance to a country1 any unencumbered balances of funds which remain in a separate account established pursuant to subsection 7a7 shall be disposed of for such purposes as may be agreed to by the government of that country and the ,united ,states ,government4 7e7 ,reporting requirement ,the ,administrator shall include in the annual congressional budget justification documents submitted pursuant to section #hcjb a report on the amounts and uses of local currency 7and ,united ,states dollar equivalent7 in each applicable country4 #ajfjb4 ,use of certain foreign currencies 7a7 ,authority ,to use foreign currencies for assistance programs ,except as otherwise provided in this ,act or other provisions of law1 foreign currencies described in subsection 7b7 that are owned by the ,united ,states ,government are authorized to be appropriated for use in providing assistance under this ,act4 7b7 ,foreign currencies that may be used for assistance ,the foreign currencies that may be used under subsection 7a7 are any foreign currencies received as a result of the furnishing of assistance under this ,act 7or any predecessor ,acts authorizing non-military assistance71 other than assistance administered through the ,department of ,defense1 that are in excess of-- 7#a7 the amounts reserved under authority of section #aje7;d7 of the ,mutual ,educational and ,cultural ,exchange ,act of #aifa or any other ,act relating to educational and cultural exchanges2 and 7#b7 the amounts required for payment by the agencies of the ,united ,states ,government of their obligations outside the ,united ,states1 as such requirements may be established from time to time by the ,president4 7c7 ,payment of obligations of government agencies ,foreign currencies described in subsection 7b7 that are in excess of the amounts described in paragraph 7#a7 of that subsection may be sold by the ,secretary of the ,treasury to agencies of the ,united ,states ,government for payment of their obligations outside the ,united ,states4 7d7 ,use of foreign currencies not owned by the united states government ,with the concurrence of the relevant inspector general1 the use of foreign currencies that accrue or are otherwise available as a result of assistance provided under this ,act 7including predecessor ,acts7 that are not owned by the ,united ,states ,government1 shall be the responsibility of the government owning such currencies to audit4 #ajfjc4 ,accounting and valuation of foreign currencies 7a7 ,responsibility of secretary of the treasury ,under the direction of the ,president1 the ,secretary of the ,treasury shall have responsibility for valuation and central accounting with respect to foreign credits 7including currencies7 owed to or owned by the ,united ,states4 ,in order to carry out such responsibility1 the ,secretary shall issue regulations binding upon all agencies of the ,united ,states ,government4 7b7 ,sole authority ,the ,secretary of the ,treasury shall have sole authority to establish for all foreign currencies or credits the exchange rates at which such currencies are to be reported by all agencies of the ,government4 ,c ,human resources #a ,personnel and benefits #ajgja4 ,employment of personnel 7a7 ,authority ,any ,federal agency or ,federal officer carrying out functions under this ,act is authorized to employ such ,federal personnel as the ,president deems necessary to carry out the provisions and purposes of this ,act4 7b7 ,assistance functions in the united states 7#a7 ,appointments and removal without regard to certain civil service laws ,not more than #aaj employees of the ,united ,states ,agency for ,international ,development in the ,united ,states may be appointed or removed without regard to the provisions of title #e1 ,united ,states ,code1 governing appointments in the competitive service1 and may be compensated without regard to the provisions of chapter #ea or subchapter ,,iii of chapter #ec of such title1 subject to paragraph 7#b7 of this subsection4 7#b7 ,compensation ,of the employees appointed under paragraph 7#a71 #ea may be compensated at rates higher than those payable for ,,gs-#ae of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code1 but not in excess of the highest rate payable under section #ecgf of such title4 7#c7 ,reinstatement rights ,under such regulations as the ,president may prescribe1 any individual employed under paragraph 7#a7 may be entitled1 upon removal 7except for cause7 from the position to which the appointment was made1 to reinstatement to the position occupied by that individual at the time of appointment or to a position of comparable grade and pay4 7c7 ,department of defense functions in the united states ,of the personnel employed in the ,united ,states by the ,department of ,defense to carry out this ,act not to exceed #h may be compensated at rates higher than those payable for ,,gs-#ae of the ,general ,schedule under section #eccb of title #e1 ,united ,states ,code1 but not in excess of the highest rate payable under section #ecgf of such title4 ,such positions shall be in addition to those authorized by law to be filled by ,presidential appointment1 and in addition to the number authorized by section #eajh of title #e1 ,united ,states ,code4 7d7 ,performance of functions outside the united states 7#a7 ,authority to employ or assign ,for the purpose of performing functions under this ,act outside the ,united ,states1 the ,president may-- 7,a7 employ or assign individuals2 or 7,b7 authorize the employment or assignment of ,federal employees that are not authorized to utilize the ,foreign ,service personnel system4 7#b7 ,compensation ,individuals employed or assigned under paragraph 7#a7 shall receive compensation at any of the rates provided for under section #djb or section #djc of the ,foreign ,service ,act of #aihj1 or under chapter #ec of title #e1 ,united ,states ,code1 or at any other rate authorized by law1 together with allowances and benefits under the ,foreign ,service ,act of #aihj4 7#c7 ,reemployment rights ,individuals so employed or assigned shall be entitled to the same benefits as are provided by section #caj of the ,foreign ,service ,act of #aihj for individuals appointed to the ,foreign ,service1 except to the extent that the ,president may specify otherwise in cases in which the period of employment or assignment exceeds #cj months4 #ajgjb4 ,experts and consultants 7a7 ,authority ,to employ ,experts and consultants or organizations thereof may1 in accordance with section #caji of title #e1 ,united ,states ,code1 be employed for the performance of functions under this ,act4 7b7 ,rates of compensation ,individuals employed under the authority of subsection 7a7 may be compensated at rates not in excess of the daily equivalent of the highest rate payable under section #eccb of title #e1 ,united ,states ,code1 and while away from their homes or regular places of business1 they may be paid actual travel expenses and per diem in lieu of subsistence at rates not in excess of those prescribed by the standardized ,government travel regulations4 7c7 ,mandatory retirement age not applicable ,the service of an individual as an expert or consultant under subsection 7a7 shall not be considered to be employment or holding of office or position for purposes of applying the provisions of section #ccbc7;a7 of title #e1 ,united ,states ,code1 to the individual4 7d7 ,employment of certain persons without compensation ,persons of outstanding experience and ability may be employed without compensation by any ,federal agency for the performance of functions under this ,act in accordance with the provisions of section #gaj7;b7 of the ,defense ,production ,act of #aiej 7#ej ,u4,s4,c4 ,app4 #bafj7;b771 and regulations issued thereunder4 #ajgjc4 ,prohibition of discrimination against ,federal personnel 7a7 ,assignment of personnel 7#a7 ,in general ,the ,president shall not take into account1 in assigning ,federal personnel to carry out the provisions of this ,act1 the individual's race1 sex1 religion1 national origin1 sexual orientation1 or gender identity4 ,such assignments shall be made solely on the basis of ability and relevant experience4 7#b7 ,prohibition on consideration of exclusionary policies or practices ,no agency performing functions under this ,act shall1 in employing or assigning ,federal personnel to participate in the performance of any such function1 whether in the ,united ,states or abroad1 take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race1 sex1 religion1 national origin1 sexual orientation or gender identity4 7#c7 ,contracts ,each contract entered into by any such agency for the performance of any function under this ,act shall contain a provision to the effect that no person1 partnership1 corporation1 or other entity performing functions pursuant to such contract1 shall1 in employing or assigning personnel to participate in the performance of any such function1 whether in the ,united ,states or abroad1 take into account the exclusionary policies or practices of any foreign government where such policies or practices are based upon race1 sex1 religion1 national origin1 sexual orientation1 or gender identity4 7b7 ,exclusion by foreign countries ,except as provided in subsection 7c71 no assistance may be provided under this ,act to any government or organization that excludes1 as a matter of law1 regulation1 policy or practice1 any ,united ,states person 7as defined in section #ggja7;a77#cj7 of the ,internal ,revenue ,code of #aihf7 from participating in the furnishing of assistance under this ,act on the basis of sex1 race1 religion1 national origin1 sexual orientation or gender identity4 7c7 ,exception ,the ,president may provide assistance notwithstanding the prohibition in subsection 7b7 if the ,president-- 7#a7 determines that1 notwithstanding such exclusion1-- 7,a7 extraordinary circumstances exist which necessitate the provision of such assistance2 and 7,b7 it is in the national interest of the ,united ,states to provide such assistance2 and 7#b7 transmits to the appropriate congressional committees1 prior to providing such assistance1 a report detailing-- 7,a7 the facts and circumstances of such exclusion2 7,b7 the response thereto on the part of the ,united ,states ,government or any agency or personnel thereof2 7,c7 the result of such response1 if any2 7,d7 the extraordinary circumstances which necessitate the provision of such assistance2 and 7,e7 the nature and amount of the assistance to be provided notwithstanding such exclusion4 #ajgjd4 ,foreign service limited appointments 7a7 ,authority ,to hire and employ ,the ,administrator is authorized to hire and employ up to #bjj individuals in the ,united ,states and overseas on a limited appointment basis pursuant to the authority of sections #cjh and #cji of the ,foreign ,service ,act of #aihj4 7b7 ,conditions ,the authority of subsection 7a7 may only be used to the extent that an equivalent number of positions that are filled by personal services contractors or other nondirect hire personnel of the ,united ,states ,agency for ,international ,development are eliminated4 7c7 ,priority sectors ,in exercising the authority of this section1 primary emphasis shall be placed on enabling the ,united ,states ,agency for ,international ,development to meet personnel needs in technical skill areas currently encumbered by personal services contractors or other non-direct hire personnel4 7d7 ,extensions ,individuals hired and employed by the ,united ,states ,agency for ,international ,development pursuant to the authority of section #cji of the ,foreign ,service ,act of #aihj may be extended for a period of up to #d years notwithstanding the limitation set forth in such section4 #ajgje4 ,technical advisors ,the ,administrator is authorized to use funds made available to carry out title ,i to reimburse ,federal agencies1 agencies of ,state governments1 institutions of higher education1 and private and voluntary organizations for the full cost of individuals 7including for the personal services of such individuals7 detailed or assigned to1 or contracted by1 as the case may be1 the ,united ,states ,agency for ,international ,development for the purpose of carrying out this ,act4 #ajgjf4 ,personal services contractors for ,,usaid 7a7 ,employment outside the united states ,the ,administrator is authorized to employ personal services contractors outside the ,united ,states to carry out the purposes of this ,act4 7b7 ,employment in the united states ,the ,administrator is authorized to employ up to #dj personal services contractors in the ,united ,states1 notwithstanding any other provision of law1 for the purpose of providing direct1 interim support for new or expanded overseas programs and activities managed by the ,united ,states ,agency for ,international ,development until permanent direct hire personnel are hired and trained4 7c7 ,considered as operating expenses ,the salaries and expenses of individuals hired under the authority of subsection 7b7 shall be considered as operating expenses of the ,united ,states ,agency for ,international ,development and subject to the limitations of section #ajcja1 except that the ,administrator may use funds made available to carry out title ,,ii of the ,agricultural ,trade ,development and ,assistance ,act of #aied for personal services contractors assigned to the ,office of ,food for ,peace4 7d7 ,not regarded as ,federal employees ,individuals hired under the authority of this section shall not be regarded as ,federal employees for the purpose of any law administered by the ,office of ,personnel ,management4 #ajgjg4 ,personal services contractors for the ,department of ,state 7a7 ,in general ,in addition to other authorities that may be available1 the ,secretary of ,state may establish a pilot program 7in this section referred to as the program7 for the purpose of hiring ,united ,states citizens or aliens as personal services contractors1 for service in the ,united ,states1 or for service both in the ,united ,states and abroad1 to respond to new or emerging needs or to augment current services4 7b7 ,conditions ,the ,secretary is authorized to use the authority of subsection 7a71 subject to the following conditions3 7#a7 ,the ,secretary determines that existing personnel resources are insufficient4 7#b7 ,the contract length1 including options1 may not exceed #b years1 unless the ,secretary makes a finding that exceptional circumstances justify an extension of up to one additional year4 7#c7 ,not more than a total of #bjj ,united ,states citizens or aliens are employed at any one time as personal services contractors under this section4 7#d7 ,this authority may only be used to obtain specialized skills or experience or to respond to urgent needs4 7c7 ,status of personal service contractors 7#a7 ,in general ,an individual hired as a personal service contractor pursuant to this section shall not1 by virtue of such hiring1 be considered to be an employee of the ,united ,states ,government for purposes of any law administered by the ,office of ,personnel ,management4 7#b7 ,applicable laws ,an individual hired as a personal service contractor pursuant to this section shall be covered1 in the same manner as a similarly situated employee1 by-- 7,a7 the ,ethics in ,government ,act of #aigh2 7,b7 chapter #ba of title #da1 ,united ,states ,code2 and 7,c7 chapter #gc of title #e1 sections #bja1 #bjc1 #bje1 #bjg1 #bjh1 and #bji of title #ah1 and section #acdf and chapter #aga of title #bh1 ,united ,states ,code4 7#c7 ,exception ,this subsection shall not affect the determination as to whether an individual hired as a personal service contractor pursuant to this section is an employee of the ,united ,states ,government for purposes of any ,federal law not specified in paragraphs 7#a7 and 7#b74 7d7 ,termination of authority ,the authority to award personal services contracts under the program authorized by this section shall terminate on ,september #cj1 #bjad4 ,a contract entered into prior to the termination date under this subsection may remain in effect until expiration4 #ajgjh4 ,hiring authority of ,inspector ,general of the ,united ,states ,agency for ,international ,development 7a7 ,in general ,subject to the requirements and limitations of this section1 the ,inspector ,general of the ,united ,states ,agency for ,international ,development is authorized to employ personal services contractors outside the ,united ,states4 7b7 ,number ,the number of contractors hired under the authority of subsection 7a7 may not exceed #e percent of the total authorized workforce of the ,office of the ,inspector ,general4 7c7 ,contract length ,a contractor hired under the authority of subsection 7a7 shall have a contract period of not longer than #b years1 unless the ,inspector ,general determines1 on a case-by-case basis1 that exceptional circumstances justify the extension of a contract for up to #a additional year4 7d7 ,certification ,the authority provided in subsection 7a7 may be exercised only if the ,inspector ,general determines that it is impractical to recruit a sufficient number of direct-hire employees to perform necessary overseas work1 and reports such determination to the appropriate congressional committees1 along with the reasons such recruitment is impractical4 7e7 ,status of employment ,individuals employed under the authority of this section shall not be considered ,federal employees for purposes of the ,foreign ,service ,act of #aihj or any law administered by the ,office of ,personnel ,management4 #ajgji4 ,public availability of consulting contracts ,any contract for consulting services issued with funds made available under this ,act shall be a matter of public record and subject to public inspection1 unless otherwise specifically provided under law4 #ajgaj4 ,senior ,foreign ,service requirement ,section #cje of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #cide7 is amended by adding at the end the following3 7e7 ,requirement ,beginning #c years from the date of the enactment of this subsection1 a ,foreign ,service ,officer may not be promoted into the ,senior ,foreign ,service of the ,department of ,state or the ,united ,states ,agency for ,international ,development without having served at least one domestic rotation in a bureau or office that does not have a regional jurisdiction4 4 #ajgaa4 ,pay parity for criminal investigators ,section #eeda7b77;,c77xiv7 of title #e1 ,united ,states ,code1 is amended to read as follows3 7xiv7 a ,foreign ,service officer1 except that a ,foreign ,service officer serving as a criminal investigator in the ,office of the ,inspector ,general of the ,united ,states ,agency for ,international ,development shall be eligible for and receive availability pay on the same terms as a criminal investigator under section #eede;a4 4 #b ,details1 fellowships1 and exchanges #ajhja4 ,details to foreign governments and international organizations 7a7 ,details to foreign governments ,when consistent with and in furtherance of the purposes of this ,act1 the head of any ,federal agency is authorized to detail any ,federal employee of that agency to any office or position with any foreign government or foreign government agency1 where acceptance of such office or position does not involve the taking of an oath of allegiance to another government or acceptance of compensation or other benefits from any foreign country by such employee4 7b7 ,details to international organizations ,when consistent with and in furtherance of the purposes of this ,act1 the head of any ,federal agency is authorized to detail to any international organization or arrangement1 any ,federal employee of that agency to serve with1 or as a member of1 the international staff of such organization1 or to render any technical1 scientific1 or professional advice or service to1 or in cooperation with1 such organization4 7c7 ,status of ,federal employees detailed 7#a7 ,retention of benefits ,any ,federal employee1 while detailed under this section-- 7,a7 shall be considered a ,federal employee and of the ,federal agency from which detailed for the purpose of preserving his or her allowances1 privileges1 rights1 seniority1 and other benefits as such2 and 7,b7 shall continue to receive compensation1 allowances1 and benefits from funds appropriated to that agency or made available to that agency under this ,act1 or may be detailed on a leave without pay status4 7#b7 ,allowances ,any ,federal employee assigned1 detailed1 or appointed under this section1 section #ajbjc7;b71 section #ajbjd or section #ajgjb1 may receive 7under such regulations as the ,president may prescribe7 representation allowances similar to those allowed under section #ije of the ,foreign ,service ,act of #aihj4 ,the authorization of such allowances and other benefits and the payment thereof out of any appropriations available therefor shall be considered as meeting all the requirements of section #eecf of title #e1 ,united ,states ,code4 7d7 ,terms of detail ,details may be made under this section or section #djh of the ,mutual ,security ,act of #aied in accordance with any of the following3 7#a7 ,without reimbursement to the ,united ,states ,government by the foreign government or international organization4 7#b7 ,upon agreement by the foreign government or international organization to reimburse the ,united ,states ,government for compensation1 travel expenses1 benefits1 and allowances1 or any part thereof1 payable to the ,federal employee concerned during the period of detail4 ,such reimbursements 7including foreign currencies7 shall be credited to the appropriation1 fund1 or account utilized for paying such compensation1 travel expenses1 benefits1 or allowances1 or to the appropriation1 fund1 or account currently available for such purposes4 7#c7 ,upon an advance of funds1 property1 or services by the foreign government or international organization to the ,united ,states ,government accepted with the approval of the ,president for specified uses in furtherance of the purposes of this ,act4 ,funds so advanced may be established as a separate fund in the ,treasury of the ,united ,states ,government1 to be available for the specified uses1 and to be used for reimbursement of appropriations or direct expenditure subject to the provisions of this ,act4 ,any unexpended balance of such account shall be returned to the foreign government or international organization4 7#d7 ,subject to the receipt by the ,united ,states ,government of a credit to be applied against the payment by the ,united ,states ,government of its share of the expenses of the international organization to which the ,federal employee is detailed1 such credit to be based upon the compensation1 travel expenses1 benefits and allowances1 or any part thereof1 payable to such employee during the period of detail in accordance with subsection 7c74 #ajhjb4 ,details to ,united ,states ,government agencies 7a7 ,authority ,to detail ,the head of any ,federal agency is authorized to detail ,federal employees of that agency 7hereinafter known as the detailing agency7 to any office or position in any other ,federal agency 7hereinafter known as the receiving agency71 for the purposes set out in subsection 7b74 7b7 ,purposes of detail ,a detail under subsection 7a7 is authorized for the purposes of-- 7#a7 improving cooperation and collaboration between the detailing agency and receiving agency1 7#b7 rendering any technical1 scientific1 or professional advice or service to the receiving agency1 or 7#c7 providing training and professional development to employees of the detailing agency1 when such detail is consistent with and in furtherance of the purposes of this ,act4 7c7 ,congressional detail ,the ,secretary and the ,administrator are each authorized to detail up to #e employees of the ,department of ,state and the ,united ,states ,agency for ,international ,development1 respectively1 each fiscal year to individual members and committees of ,congress1 notwithstanding the requirement for reimbursement in subsection 7d74 ,such detailees shall be known as ,congressional ,fellows4 7d7 ,requirement for reimbursement ,the receiving agency shall reimburse the detailing agency for the salary and allowances of each ,federal employee for the period of the detail1 unless-- 7#a7 the detail is for a period of less than two years2 7#b7 a substantially equivalent number of ,federal employees are detailed to and from each agency in a fiscal year2 or 7#c7 not more than #ae ,federal employees are detailed from a single agency in a fiscal year4 7e7 ,personnel limitations ,personnel detailed under this section shall not be counted for purposes of any limitation established by the ,office of ,management and ,budget on the maximum number of personnel allowable for the detailing agency4 7f7 ,waiver ,the ,secretary and the ,administrator are authorized to waive the requirement for reimbursement in subsection 7d7 for the detail of an employee of the ,department of ,state or the ,agency1 respectively1 for a period of up to #e years if the receiving agency is the ,national ,security ,council4 7g7 ,detail defined ,in this section1 the term detail means to detail1 assign1 or otherwise make available an employee to another agency1 office1 or organization4 #ajhjc4 ,science and technology fellowship programs ,section #ejd of the ,foreign ,relations ,authorization ,act1 ,fiscal ,year #aigi 7#bb ,u4,s4,c4 #bfef;d7 is amended by adding at the end the following3 7e7 7#a7 ,the ,secretary is authorized to make grants or enter into cooperative agreements related to ,department of ,state science and technology fellowship programs1 including for assistance in recruiting fellows and the payment of stipends1 travel1 and other appropriate expenses to fellows4 7#b7 ,payment of stipends under the authority of paragraph 7#a7 shall not be considered to be compensation for purposes of section #bji of title #ah1 ,united ,states ,code4 7#c7 ,the total amount of grants made under the authority of paragraph 7#a7 may not exceed #a1jjj1jjj in any fiscal year4 4 #ajhjd4 ,foreign relations exchange programs 7a7 ,in general ,the ,secretary may establish exchange programs under which employees of the ,department of ,state1 including individuals appointed under title #e1 ,united ,states ,code1 and members of the ,foreign ,service1 may be assigned1 for a period not to exceed #a year1 to a position with any foreign government or international entity that permits an employee of the foreign government or international entity1 as the case may be1 to be assigned to a position with the ,department of ,state4 7b7 ,department of state employees ,during a period in which an employee of the ,department of ,state is participating in an exchange program authorized under subsection 7a71 such employee shall1 for the purposes of receiving salary and benefits1 be treated as an employee detailed under section #ajhja4 7c7 ,foreign employees ,the salary and benefits of an employee of a foreign government or international entity participating in a program established under this section shall be paid by such government or entity during the period in which such employee is participating in the program1 and shall not be reimbursed by the ,department of ,state4 7d7 ,rule of construction ,nothing in this section shall be construed to authorize the appointment as a ,federal employee of-- 7#a7 an individual whose allegiance is to any country1 government1 or foreign or international entity other than the ,united ,states2 or 7#b7 an individual who has not met the requirements of sections #ccca1 #cccb1 #cccc1 and #gcaa of title #e1 ,united ,states ,code1 or any other provision of law concerning eligibility for appointment1 and continuation of employment1 as a ,federal employee4 #ajhje4 ,guidelines for rotational assignments 7a7 ,career guidelines ,the ,administrator shall establish career guidelines for ,foreign ,service officers and civil service officers that incorporate interagency1 intergovernmental1 or international organization rotational assignments4 ,the guidelines established under this subsection shall include-- 7#a7 selection2 7#b7 professional education and training2 7#c7 types of relevant interagency1 intergovernmental1 and international organization assignments2 and 7#d7 such other matters as the ,administrator considers appropriate4 7b7 ,promotions to senior ranks ,not later than #b years after the date of the enactment of this ,act1 the ,administrator shall establish additional guidelines that consider participation by relevant employees in at least #a interagency1 intergovernmental1 or international organizational rotational assignment of at least #f months as a factor for promotion into the ranks of the ,senior ,foreign ,service or ,senior ,executive ,service4 7c7 ,promotion precepts ,the ,administrator shall ensure that promotion precepts and promotion panels do not penalize employees who have been assigned to interagency1 intergovernmental1 or international organizations4 #c ,training and professional development #ajija4 ,training of ,federal personnel 7a7 ,authority ,to conduct training ,the head of each ,federal agency carrying out activities under this ,act is authorized to use funds made available under this ,act to pay the costs1 in accordance with subsection 7b71 of providing training for ,federal personnel1 through interchange or otherwise1 at any ,state or local unit of government1 public or private nonprofit institution1 trade1 labor1 agricultural1 or scientific association or organization1 or commercial firm4 7b7 ,payment of costs ,training costs shall be paid-- 7#a7 from funds made available to the employing agency2 7#b7 for individuals performing functions within the ,united ,states1 from funds available for administrative expenses2 and 7#c7 for individuals performing functions outside the ,united ,states1 from funds available for the program1 project1 or activity being carried out by such individual4 7c7 ,limitation on dual employment ,training under this section shall not be considered employment or holding of office under section #eecc of title #e1 ,united ,states ,code4 7d7 ,acceptance of certain payments ,any payments or contributions in connection with training under this section may1 as deemed appropriate by the head of the ,federal agency authorizing such training1 be made by private or public sources and be accepted by any trainee1 or may be accepted by and credited to the current applicable appropriation of such agency4 ,any such payments or contributions shall be in lieu1 or in reduction1 of compensation received from the ,united ,states ,government4 #ajijb4 ,career development 7a7 ,comprehensive program ,the ,secretary and the ,administrator shall implement and maintain a comprehensive career-long program of professional training for the personnel of the ,department of ,state and the ,united ,states ,agency for ,international ,development1 respectively4 7b7 ,participation levels ,the ,secretary and the ,administrator shall ensure that in each fiscal year not less than #aj percent of personnel of the ,department of ,state and the ,united ,states ,agency for ,international ,development receive professional training or participate in details1 exchanges1 fellowships1 scholarships or other opportunities for professional development4 7c7 ,institution for training ,section #gja7;b7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djba7;b77 is amended to read as follows3 7b7 7#a7 ,the ,secretary of ,state shall ensure that training offered by the institution-- 7,a7 meets the training needs of all foreign affairs agencies2 7,b7 is made available on an equal basis to personnel of all foreign affairs agencies1 including access to child care facilities1 travel1 per diem1 and reimbursements2 7,c7 is responsive to requests by the heads of other agencies for the development and implementation of specialized training courses2 and 7,d7 is evaluated regularly for cost-effectiveness and for results4 7#b7 ,other agencies shall avoid duplicating the facilities and training provided by the ,secretary of ,state through the institution and otherwise4 4 7d7 ,training support services ,section #gjd7;a77#d77;,b7 of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbd7;a77#d77;,b77 is amended by striking language instructors1 linguists1 and other academic and training specialists and inserting education and training specialists1 including language instructors and linguists1 and other specialists who perform work directly relating to the design1 delivery1 oversight1 or coordination of training delivered by the institution4 7e7 ,requirements for promotion ,the ,secretary and the ,administrator shall each establish a set of mandatory training requirements for promotion into the ,senior ,foreign ,service4 7f7 ,evaluation of effectiveness ,the ,secretary and the ,administrator shall evaluate the effectiveness of all training and professional development programs for the personnel of the ,department of ,state and the ,united ,states ,agency for ,international ,development1 respectively1 not later than #b years after the date of the enactment of this ,act1 and not less than once every #e years after thereafter4 ,the results of such evaluations shall be made publicly available on the ,internet4 #ajijc4 ,language skills development 7a7 ,development of system ,the ,secretary and the ,administrator shall develop a system for increasing the number and percentage of ,foreign ,service ,officers at the ,department of ,state and the ,united ,states ,agency for ,international ,development1 respectively1 who are proficient in the official language of the country of assignment4 7b7 ,elements of system ,such system shall include-- 7#a7 methods for identifying emerging areas of foreign language shortfalls and projected language needs2 7#b7 designation of ,foreign ,service positions for which a minimum level of certified language proficiency is required1 to be known as language designated positions2 7#c7 designation of languages for which there is a critical unmet need1 to be known as critical languages2 7#d7 development of policies and procedures relating to assignments1 length of rotations1 recruitment1 retention1 training1 and promotion to-- 7,a7 ensure that there are a sufficient number of ,foreign ,service officers able and available to fill language designated positions2 and 7,b7 remedy shortfalls in critical languages2 7#e7 establishment of clear and measurable performance goals and objectives2 and 7#f7 requirements for monitoring and evaluation of progress4 7c7 ,transmission to congress ,the ,secretary and the ,administrator shall transmit to the appropriate congressional committees1 not later than #a year after the date of the enactment of this ,act1 a report on the system developed under subsection 7a7 and a plan for its implementation1 including any budgetary implications4 7d7 ,implementation reports ,one year after the date on which the report is transmitted pursuant to subsection 7c71 and each of the next #b years thereafter1 the ,secretary and the ,administrator shall transmit to the appropriate congressional committees a report on the status of implementation of the system developed under subsection 7a74 7e7 ,repeal of duplicative report ,section #gjb of the ,foreign ,service ,act of #aihj 7#bb ,u4,s4,c4 #djbb7 is amended by striking subsection 7c74 7f7 ,availability of funds ,notwithstanding section #ajcjb1 amounts made available to the ,agency to carry out this section shall not be considered to be operating expenses4 ,,xi ,amendments and repeals ,a ,amendments #aaaja4 ,amendments relating to assistance to combat ,,hiv_/,,aids1 tuberculosis1 and malaria 7a7 ,assistance ,to combat ,,hiv_/,,aids ,subtitle ,a of title ,,iii of the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis and ,malaria ,act of #bjjc 7#bb ,u4,s4,c4 #gfca et seq47 is amended-- 7#a7 by redesignating section #cja as section #cja;,a2 7#b7 in the heading of section #cja;,a 7as redesignated71 by inserting other provisions relating to before assistance2 and 7#c7 by inserting before section #cja;,a 7as redesignated7 the following new section3 #cja4 ,assistance to combat ,,hiv_/,,aids 7a7 ,finding ,congress recognizes that the alarming spread of ,,hiv_/,,aids in countries in sub-,saharan ,africa1 the ,caribbean1 ,central ,asia1 ,eastern ,europe1 ,latin ,america and other developing countries is a major global health1 national security1 development1 and humanitarian crisis4 7b7 ,policy 7#a7 ,objectives ,it is a major objective of the foreign assistance program of the ,united ,states to provide assistance for the prevention and treatment of ,,hiv_/,,aids and the care of those affected by the disease4 ,it is the policy objective of the ,united ,states1 by #bjac1 to-- 7,a7 assist partner countries to-- 7i7 prevent #ab1jjj1jjj new ,,hiv infections worldwide2 7ii7 support-- 7,i7 the increase in the number of individuals with ,,hiv_/,,aids receiving antiretroviral treatment above the goal established under section #djb7;a77#c7 and increased pursuant to paragraphs 7#a7 through 7#c7 of section #djc7;d72 and 7,,ii7 additional treatment through coordinated multilateral efforts2 7iii7 support care for #ab1jjj1jjj individuals infected with or affected by ,,hiv_/,,aids1 including #e1jjj1jjj orphans and vulnerable children affected by ,,hiv_/,,aids1 with an emphasis on promoting a comprehensive1 coordinated system of services to be integrated throughout the continuum of care2 7iv7 provide at least #hj percent of the target population with access to counseling1 testing1 and treatment to prevent the transmission of ,,hiv from mother-to-child2 7v7 provide care and treatment services to children with ,,hiv in proportion to their percentage within the ,,hiv-infected population of a given partner country2 and 7vi7 train and support retention of health care professionals1 paraprofessionals1 and community health workers in ,,hiv_/,,aids prevention1 treatment1 and care1 with the target of providing such training to at least #adj1jjj new health care professionals and paraprofessionals with an emphasis on training and in country deployment of critically needed doctors and nurses2 7,b7 strengthen the capacity to deliver primary health care in developing countries1 especially in sub-,saharan ,africa2 7,c7 support and help countries in their efforts to achieve staffing levels of at least #b4c doctors1 nurses1 and midwives per #a1jjj population1 as called for by the ,world ,health ,organization2 and 7,d7 help partner countries to develop independent1 sustainable ,,hiv_/,,aids programs4 7#b7 ,coordinated global strategy ,the ,united ,states and other countries with the sufficient capacity should provide assistance to countries in sub-,saharan ,africa1 the ,caribbean1 ,central ,asia1 ,eastern ,europe1 and ,latin ,america1 and other countries and regions confronting ,,hiv_/,,aids epidemics in a coordinated global strategy to help address generalized and concentrated epidemics through ,,hiv_/,,aids prevention1 treatment1 care1 monitoring and evaluation1 and related activities4 7#c7 ,priorities ,the ,united ,states ,government's response to the global ,,hiv_/,,aids pandemic and the ,government's efforts to help countries assume leadership of sustainable campaigns to combat their local epidemics should place high priority on-- 7,a7 the prevention of the transmission of ,,hiv2 7,b7 moving toward universal access to ,,hiv_/,,aids prevention counseling and services2 7,c7 meaningful cost-sharing assurances by the partner country2 and 7,d7 the inclusion of transition strategies to ensure sustainability of such programs and activities1 including health care systems1 under other international donor support1 or budget support by respective foreign governments4 7c7 ,authorization 7#a7 ,in general ,consistent with section #acba of the ,global ,partnerships ,act of #bjac1 the ,president is authorized to furnish assistance1 on such terms and conditions as the ,president may determine1 for ,,hiv_/,,aids1 including to prevent1 treat1 and monitor ,,hiv_/,,aids1 and carry out related activities1 in countries in sub-,saharan ,africa1 the ,caribbean1 ,central ,asia1 ,eastern ,europe1 ,latin ,america1 and other countries and areas1 particularly with respect to refugee populations or those in postconflict settings in such countries and areas with significant or increasing ,,hiv incidence rates4 7#b7 ,role of ,n,g,os ,it is the sense of ,congress that the ,president should provide an appropriate level of assistance under paragraph 7#a7 through nongovernmental organizations 7including faith-based and community-based organizations7 in countries in sub-,saharan ,africa1 the ,caribbean1 ,central ,asia1 ,eastern ,europe1 ,latin ,america1 and other countries and areas affected by the ,,hiv_/,,aids pandemic1 particularly with respect to refugee populations or those in post-conflict settings in such countries and areas with significant or increasing ,,hiv incidence rates4 7#c7 ,coordination of assistance efforts ,the ,president shall coordinate the provision of assistance under paragraph 7#a7 with the provision of related assistance by the ,joint ,united ,nations ,programme on ,,hiv_/,,aids 7,,unaids71 the ,united ,nations ,children's ,fund 7,,unicef71 the ,world ,health ,organization 7,,who71 the ,united ,nations ,development ,programme 7,,undp71 the ,global ,fund to ,fight ,,aids1 ,tuberculosis and ,malaria and other appropriate international organizations 7such as the ,international ,bank for ,reconstruction and ,development71 relevant regional multilateral development institutions1 national1 state1 and local governments of partner countries1 other international actors1 appropriate governmental and nongovernmental organizations1 and relevant executive branch agencies within the framework of the principles of the ,three ,ones4 7d7 ,activities supported ,assistance provided under subsection 7c7 shall1 to the maximum extent practicable1 be used to carry out the following activities3 7#a7 ,prevention ,prevention of ,,hiv_/,,aids through activities including-- 7,a7 programs and efforts that are designed or intended to impart knowledge with the exclusive purpose of helping individuals avoid behaviors that place them at risk of ,,hiv infection1 including integration of such programs into health programs and the inclusion in counseling programs of information on methods of avoiding infection of ,,hiv1 including delaying sexual debut1 abstinence1 fidelity and monogamy1 reduction of casual sexual partnering and multiple concurrent sexual partnering1 reducing sexual violence and coercion1 including child marriage1 widow inheritance1 and polygamy1 and where appropriate1 use of male and female condoms2 7,b7 assistance to establish and implement culturally appropriate ,,hiv_/,,aids education and prevention programs that are designed with local input and focus on helping individuals avoid infection of ,,hiv_/,,aids1 implemented through nongovernmental organizations1 including faith-based and community-based organizations1 particularly those locally based organizations that utilize both professionals and volunteers with appropriate skills1 experience1 and community presence2 7,c7 assistance for the purpose of encouraging men to be responsible in their sexual behavior1 child rearing1 and to respect women2 7,d7 assistance for the purpose of providing voluntary testing and counseling 7including the incorporation of confidentiality protections with respect to such testing and counseling7 and promoting the use of provider-initiated or opt-out voluntary testing in accordance with ,world ,health ,organization guidelines2 7,e7 assistance for the purpose of preventing mother-to-child transmission of the ,,hiv infection1 including medications to prevent such transmission and access to infant formula and other alternatives for infant feeding2 7,f7 assistance to-- 7i7 achieve the goal of reaching #hj percent of pregnant women for prevention and treatment of mother-to-child transmission of ,,hiv in countries in which the ,united ,states is implementing ,,hiv_/,,aids programs by #bjac2 and 7ii7 promote infant feeding options and treatment protocols that meet the most recent criteria established by the ,world ,health ,organization2 7,g7 medical male circumcision programs as part of national strategies to combat the transmission of ,,hiv_/,,aids2 7,h7 assistance to ensure a safe blood supply and sterile medical equipment2 7,i7 assistance to help avoid substance abuse and intravenous drug use that can lead to ,,hiv infection2 7,j7 assistance for the purpose of increasing women's access to employment opportunities1 income1 productive resources1 and microfinance programs1 where appropriate2 and 7,k7 assistance for counseling1 testing1 treatment1 care1 and support programs1 including-- 7i7 counseling and other services for the prevention of reinfection of individuals with ,,hiv_/,,aids2 7ii7 counseling to prevent sexual transmission of ,,hiv1 including-- 7,i7 life skills development for practicing abstinence and faithfulness2 7,,ii7 reducing the number of sexual partners2 7,,iii7 delaying sexual debut2 and 7,,iv7 ensuring correct and consistent use of condoms2 7iii7 assistance to engage underlying vulnerabilities to ,,hiv_/,,aids1 especially those of women and girls2 7iv7 assistance for appropriate ,,hiv_/,,aids education programs and training targeted to prevent the transmission of ,,hiv among men who have sex with men2 7v7 assistance to provide male and female condoms2 7vi7 diagnosis and treatment of other sexually transmitted infections2 7vii7 strategies to address the stigma and discrimination that impede ,,hiv_/,,aids prevention efforts2 and 7viii7 assistance to facilitate widespread access to microbicides for ,,hiv prevention1 if safe and effective products become available1 including financial and technical support for culturally appropriate introductory programs1 procurement1 distribution1 logistics management1 program delivery1 acceptability studies1 provider training1 demand generation1 and postintroduction monitoring4 7#b7 ,treatment ,the treatment and care of individuals with ,,hiv_/,,aids1 including-- 7,a7 assistance to establish and implement programs to strengthen and broaden indigenous health care delivery systems and the capacity of such systems to deliver ,,hiv_/,,aids pharmaceuticals and otherwise provide for the treatment of individuals with ,,hiv_/,,aids1 including clinical training for indigenous organizations and health care providers2 7,b7 assistance to strengthen and expand hospice and palliative care programs to assist patients debilitated by ,,hiv_/,,aids1 their families1 and the primary caregivers of such patients1 including programs that utilize faith-based and community-based organizations2 7,c7 assistance for the purpose of the care and treatment of individuals with ,,hiv_/,,aids through the provision of pharmaceuticals1 including antiretrovirals and other pharmaceuticals and therapies for the treatment of opportunistic infections1 pain management1 nutritional support1 and other treatment modalities2 7,d7 as part of care and treatment of ,,hiv_/,,aids1 assistance 7including prophylaxis and treatment7 for common ,,hiv_/,,aids-related opportunistic infections for free or at a rate at which it is easily affordable to the individuals and populations being served2 and 7,e7 as part of care and treatment of ,,hiv_/,,aids1 assistance or referral to available and adequately resourced service providers for nutritional support1 including counseling and where necessary the provision of commodities1 for persons meeting malnourishment criteria and their families4 7#c7 ,preventative intervention education and technologies 7,a7 ,with particular emphasis on specific populations that represent a particularly high risk of contracting or spreading ,,hiv_/,,aids1 including those exploited through the sex trade1 victims of rape and sexual assault1 individuals already infected with ,,hiv_/,,aids1 and in cases of occupational exposure of health care workers1 assistance with efforts to reduce the risk of ,,hiv_/,,aids infection including post-exposure pharmaceutical prophylaxis1 and necessary pharmaceuticals and commodities1 including test kits1 condoms1 and1 when proven effective1 microbicides4 7,b7 ,bulk purchases of available test kits1 condoms1 and1 when proven effective1 microbicides that are intended to reduce the risk of ,,hiv_/,,aids transmission and for appropriate program support for the introduction and distribution of these commodities1 as well as education and training on the use of the technologies4 7#d7 ,monitoring ,the monitoring of programs1 projects1 and activities carried out pursuant to paragraphs 7#a7 through 7#c71 including-- 7,a7 monitoring to ensure that adequate controls are established and implemented to provide ,,hiv_/,,aids pharmaceuticals and other appropriate medicines to poor individuals with ,,hiv_/,,aids2 7,b7 appropriate evaluation and surveillance activities2 7,c7 monitoring to ensure that appropriate measures are being taken to maintain the sustainability of ,,hiv_/,,aids pharmaceuticals 7especially antiretrovirals7 and ensure that drug resistance is not compromising the benefits of such pharmaceuticals2 7,d7 monitoring to ensure appropriate law enforcement officials are working to ensure that ,,hiv_/,,aids pharmaceuticals are not diminished through illegal counterfeiting or black market sales of such pharmaceuticals2 7,e7 carrying out and expanding program monitoring1 impact evaluation research and analysis1 and operations research and disseminating data and findings through mechanisms to be developed by the ,coordinator of ,united ,states ,government ,activities to ,combat ,,hiv_/,,aids ,globally1 in coordination with the ,director of the ,centers for ,disease ,control1 in order to-- 7i7 improve accountability1 increase transparency1 and ensure the delivery of evidence-based services through the collection1 evaluation1 and analysis of data regarding gender-responsive interventions1 disaggregated by age and sex2 7ii7 identify and replicate effective models2 and 7iii7 develop gender indicators to measure outcomes and the impacts of interventions2 and 7,f7 establishing appropriate systems to-- 7i7 gather epidemiological and social science data on ,,hiv2 and 7ii7 evaluate the effectiveness of prevention efforts among men who have sex with men1 with due consideration to stigma and risks associated with disclosure4 7#e7 ,pharmaceuticals 7,a7 ,procurement ,the procurement of ,,hiv_/,,aids pharmaceuticals1 antiviral therapies1 and other appropriate medicines1 including medicines to treat opportunistic infections4 7,b7 ,mechanisms for quality control and sustainable supply ,mechanisms to ensure that such ,,hiv_/,,aids pharmaceuticals1 antiretroviral therapies1 and other appropriate medicines are quality-controlled and sustainably supplied4 7,c7 ,mechanism to ensure cost-effective drug purchasing ,subject to subparagraph 7,b71 mechanisms to ensure that safe and effective pharmaceuticals1 including antiretrovirals and medicines to treat opportunistic infections1 are purchased at the lowest possible price at which such pharmaceuticals may be obtained in sufficient quantity on the world market1 provided that such pharmaceuticals are approved1 tentatively approved1 or otherwise authorized for use by-- 7i7 the ,food and ,drug ,administration2 7ii7 a stringent regulatory agency acceptable to the ,secretary of ,health and ,human ,services2 or 7iii7 a quality assurance mechanism acceptable to the ,secretary of ,health and ,human ,services4 7,d7 ,distribution ,the distribution of such ,,hiv_/,,aids pharmaceuticals1 antiviral therapies1 and other appropriate medicines 7including medicines to treat opportunistic infections7 to qualified national1 regional1 or local organizations for the treatment of individuals with ,,hiv_/,,aids in accordance with appropriate ,,hiv_/,,aids testing and monitoring requirements and treatment protocols and for the prevention of mother-to-child transmission of the ,,hiv infection4 7#f7 ,related and coordinated activities ,the conduct of related activities1 including-- 7,a7 the care and support of children who are orphaned by the ,,hiv_/,,aids pandemic1 including services designed to care for orphaned children in a family environment which rely on extended family members2 7,b7 improved infrastructure and institutional capacity to develop and manage education1 prevention1 and treatment programs1 including training and the resources to collect and maintain accurate ,,hiv surveillance data to target programs and measure the effectiveness of interventions2 7,c7 vaccine research and development partnership programs with specific plans of action to develop a safe1 effective1 accessible1 preventive ,,hiv vaccine for use throughout the world2 7,d7 coordinated or referred activities to-- 7i7 enhance the clinical impact of ,,hiv_/,,aids care and treatment2 and 7ii7 ameliorate the adverse social and economic costs often affecting ,,aids-impacted families and communities through the direct provision1 as necessary1 or through the referral1 if possible1 of support services1 including-- 7,i7 nutritional and food support2 7,,ii7 safe drinking water and adequate sanitation2 7,,iii7 nutritional counseling2 7,,iv7 income-generating activities and livelihood initiatives2 7,v7 maternal and child health care2 7,,vi7 primary health care2 7,,vii7 the diagnosis and treatment of other infectious or sexually transmitted diseases2 7,,viii7 substance abuse and treatment services2 and 7,,ix7 legal services2 7,e7 coordinated or referred activities to link programs addressing ,,hiv_/,,aids with programs addressing gender-based violence in areas of significant ,,hiv prevalence to assist countries in the development and enforcement of women's health1 children's health1 and ,,hiv_/,,aids laws and policies that-- 7i7 prevent and respond to violence against women and girls2 7ii7 promote the integration of screening and assessment for gender-based violence into ,,hiv_/,,aids programming2 7iii7 promote appropriate ,,hiv_/,,aids counseling1 testing1 and treatment into gender-based violence programs2 and 7iv7 assist governments to develop partnerships with civil society organizations to create networks for psychosocial1 legal1 economic1 or other support services2 7,f7 coordinated or referred activities to-- 7i7 address the frequent coinfection of ,,hiv and tuberculosis1 in accordance with ,world ,health ,organization guidelines2 7ii7 promote provider-initiated or opt-out ,,hiv_/,,aids counseling and testing and appropriate referral for treatment and care to individuals with tuberculosis or its symptoms1 particularly in areas with significant ,,hiv prevalence2 and 7iii7 strengthen programs to ensure that individuals testing positive for ,,hiv receive tuberculosis screening and to improve laboratory capacities1 infection control1 and adherence2 and 7,g7 activities to-- 7i7 improve the effectiveness of national responses to ,,hiv_/,,aids2 7ii7 strengthen overall health systems in high-prevalence countries1 including support for workforce training1 retention1 and effective deployment1 capacity building1 laboratory development1 equipment maintenance and repair1 and public health and related public financial management systems and operations2 7iii7 encourage fair and transparent procurement practices among partner countries2 and 7iv7 promote in-country or intra-regional pediatric training for physicians and other health professionals1 preferably through public-private partnerships involving colleges and universities1 with the goal of increasing pediatric ,,hiv workforce capacity4 7#g7 ,comprehensive hiv_/aids public-private partnerships ,the establishment and operation of public-private partnership entities within countries in sub-,saharan ,africa1 the ,caribbean1 and other countries affected by the ,,hiv_/,,aids pandemic that are dedicated to supporting the national strategy of such countries regarding the prevention1 treatment1 and monitoring of ,,hiv_/,,aids4 ,each such public-private partnership should-- 7,a7 support the development1 implementation1 and management of comprehensive ,,hiv_/,,aids plans in support of the national ,,hiv_/,,aids strategy2 7,b7 operate at all times in a manner that emphasizes efficiency1 accountability1 and results-driven programs2 7,c7 engage both local and foreign development partners and donors1 including businesses1 government agencies1 academic institutions1 nongovernmental organizations1 foundations1 multilateral development agencies1 and faith-based organizations1 to assist the country in coordinating and implementing ,,hiv_/,,aids prevention1 treatment1 and monitoring programs in accordance with its national ,,hiv_/,,aids strategy2 7,d7 provide technical assistance1 consultant services1 financial planning1 monitoring and evaluation1 and research in support of the national ,,hiv_/,,aids strategy2 and 7,e7 establish local human resource capacities for the national ,,hiv_/,,aids strategy through the transfer of medical1 managerial1 leadership1 and technical skills4 7#h7 ,compacts and framework agreements ,the development of compacts or framework agreements1 tailored to local circumstances1 with national governments or regional partnerships in countries with significant ,,hiv_/,,aids burdens to promote host government commitment to deeper integration of ,,hiv_/,,aids services into health systems1 contribute to health systems overall1 and enhance sustainability1 including-- 7,a7 meaningful cost-sharing assurances by the partner country2 and 7,b7 transition strategies to ensure sustainability of such programs and activities1 including health care systems1 under other international donor support1 or budget support by respective foreign governments4 7e7 ,compacts and framework agreements 7#a7 ,findings ,congress makes the following findings3 7,a7 ,the congressionally mandated ,institute of ,medicine report entitled ,,pepfar ,implementation3 ,progress and ,promise states3 ,the next strategy of the ,u4,s4 ,global ,,aids ,initiative should squarely address the needs and challenges involved in supporting sustainable country ,,hiv_/,,aids programs1 thereby transitioning from a focus on emergency relief44 7,b7 ,one mechanism to promote the transition from an emergency to a public health and development approach to ,,hiv_/,,aids is through compacts or framework agreements between the ,united ,states ,government and each participating nation4 7#b7 ,elements ,compacts on ,,hiv_/,,aids authorized under subsection 7d77#h7 shall include the following elements3 7,a7 ,compacts whose primary purpose is to provide direct services to combat ,,hiv_/,,aids are to be made between-- 7i7 the ,united ,states ,government2 and 7ii7 7,i7 national or regional entities representing low-income countries served by an existing ,united ,states ,agency for ,international ,development or ,department of ,health and ,human ,services presence or regional platform2 or 7,,ii7 countries or regions-- 7aa7 experiencing significantly high ,,hiv prevalence or risk of significantly increasing incidence within the general population2 7bb7 served by an existing ,united ,states ,agency for ,international ,development or ,department of ,health and ,human ,services presence or regional platform2 and 7cc7 that have inadequate financial means within such country or region4 7,b7 ,compacts whose primary purpose is to provide limited technical assistance to a country or region connected to services provided within the country or region-- 7i7 may be made with other countries or regional entities served by an existing ,united ,states ,agency for ,international ,development or ,department of ,health and ,human ,services presence or regional platform2 7ii7 shall require significant investments in ,,hiv prevention1 care1 and treatment services by the host country2 7iii7 shall be time-limited in terms of ,united ,states contributions2 and 7iv7 shall be made only upon prior notification to ,congress-- 7,i7 justifying the need for such compacts2 7,,ii7 describing the expected investment by the country or regional entity2 and 7,,iii7 describing the scope1 nature1 expected total ,united ,states investment1 and time frame of the limited technical assistance under the compact and its intended impact4 7,c7 ,compacts shall include provisions to-- 7i7 promote local and national efforts to reduce stigma associated with ,,hiv_/,,aids2 and 7ii7 work with and promote the role of civil society in combating ,,hiv_/,,aids4 7,d7 ,compacts shall take into account the overall national health and development and national ,,hiv_/,,aids and public health strategies of each country4 7,e7 ,compacts shall contain-- 7i7 consideration of the specific objectives that the country and the ,united ,states expect to achieve during the term of a compact2 7ii7 consideration of the respective responsibilities of the country and the ,united ,states in the achievement of such objectives2 7iii7 consideration of regular benchmarks to measure progress toward achieving such objectives2 7iv7 an identification of the intended beneficiaries1 disaggregated by gender and age1 and including information on orphans and vulnerable children1 to the maximum extent practicable2 7v7 consideration of the methods by which the compact is intended to-- 7,i7 address the factors that put women and girls at greater risk of ,,hiv_/,,aids2 and 7,,ii7 strengthen elements such as the economic1 educational1 and social status of women1 girls1 orphans1 and vulnerable children and the inheritance rights and safety of such individuals2 7vi7 consideration of the methods by which the compact will-- 7,i7 strengthen the health care capacity1 including factors such as the training1 retention1 deployment1 recruitment1 and utilization of health care workers2 7,,ii7 improve supply chain management2 and 7,,iii7 improve the health systems and infrastructure of the partner country1 including the ability of compact participants to maintain and operate equipment transferred or purchased as part of the compact2 7vii7 consideration of proposed mechanisms to provide oversight2 7viii7 consideration of the role of civil society in the development of a compact and the achievement of its objectives2 7ix7 a description of the current and potential participation of other donors in the achievement of such objectives1 as appropriate2 and 7x7 consideration of a plan to ensure appropriate fiscal accountability for the use of assistance4 7,f7 ,for regional compacts1 priority shall be given to countries that are included in regional funds and programs in existence as of the date of the enactment of the ,tom ,lantos and ,henry ,j4 ,hyde ,united ,states ,global ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis1 and ,malaria ,reauthorization ,act of #bjjh4 7,g7 ,amounts made available for compacts described in subparagraphs 7,a7 and 7,b7 shall be subject to the inclusion of-- 7i7 meaningful cost-sharing assurances by the partner country2 and 7ii7 transition strategies to ensure sustainability of such programs and activities1 including health care systems1 under other international donor support1 and budget support by respective foreign governments4 7#c7 ,local input ,in entering into a compact on ,,hiv_/,,aids authorized under subsection 7d77#h71 the ,coordinator of ,united ,states ,government ,activities to ,combat ,,hiv_/,,aids ,globally shall seek to ensure that the government of a country-- 7,a7 takes into account the local perspectives of the rural and urban poor1 including women1 in each country2 and 7,b7 consults with private and voluntary organizations1 including faith-based organizations1 the business community1 and other donors in the country4 7#d7 ,congressional and public notification after entering into a compact ,not later than #aj days after entering into a compact authorized under subsection 7d77#h71 the ,global ,,aids ,coordinator shall-- 7,a7 submit a report containing a detailed summary of the compact and a copy of the text of the compact to-- 7i7 the ,committee on ,foreign ,relations of the ,senate2 7ii7 the ,committee on ,appropriations of the ,senate2 7iii7 the ,committee on ,foreign ,affairs of the ,house of ,representatives2 and 7iv7 the ,committee on ,appropriations of the ,house of ,representatives2 and 7,b7 publish such information in the ,federal ,register and on the ,internet website of the ,office of the ,global ,,aids ,coordinator4 7f7 ,annual ,report 7#a7 ,in general ,not later than ,january #ca of each year1 the ,president shall submit to the ,committee on ,foreign ,relations of the ,senate and the ,committee on ,foreign ,affairs of the ,house of ,representatives a report on the implementation of this section for the prior fiscal year4 7#b7 ,report elements ,each report shall include-- 7,a7 a description of efforts made by each relevant executive branch agency to implement the policies set forth in this section1 section #cjb1 and section #cjc2 7,b7 a description of the programs established pursuant to such sections2 7,c7 a detailed breakdown of funding allocations1 by program and by country1 for prevention activities2 and 7,d7 a detailed assessment of the impact of programs established pursuant to such sections1 including-- 7i7 7,i7 the effectiveness of such programs in reducing-- 7aa7 the transmission of ,,hiv1 particularly in women and girls2 7bb7 mother-to-child transmission of ,,hiv1 including through drug treatment and therapies1 either directly or by referral2 and 7cc7 mortality rates from ,,hiv_/,,aids2 7,,ii7 the number of patients receiving treatment for ,,aids in each country that receives assistance under this ,act2 7,,iii7 an assessment of progress towards the achievement of annual goals set forth in the timetable required under the #e-year strategy established under section #aja and1 if annual goals are not being met1 the reasons for such failure2 and 7,,iv7 retention and attrition data for programs receiving ,united ,states assistance1 including mortality and loss to follow-up rates1 organized overall and by country2 7ii7 the progress made toward-- 7,i7 improving health care delivery systems 7including the training of health care workers1 including doctors1 nurses1 midwives1 pharmacists1 laboratory technicians1 and compensated community health workers1 and the use of codes of conduct for ethical recruiting practices for health care workers72 7,,ii7 advancing safe working conditions for health care workers2 and 7,,iii7 improving infrastructure to promote progress toward universal access to ,,hiv_/,,aids prevention1 treatment1 and care by #bjac2 7iii7 a description of coordination efforts with relevant executive branch agencies to link ,,hiv_/,,aids clinical and social services with non-,,hiv_/,,aids services as part of the ,united ,states health and development agenda2 7iv7 a detailed description of integrated ,,hiv_/,,aids and food and nutrition programs and services1 including-- 7,i7 the amount spent on food and nutrition support2 7,,ii7 the types of activities supported2 and 7,,iii7 an assessment of the effectiveness of interventions carried out to improve the health status of persons with ,,hiv_/,,aids receiving food or nutritional support2 7v7 a description of efforts to improve harmonization1 in terms of relevant executive branch agencies1 coordination with other public and private entities1 and coordination with partner countries' national strategic plans as called for in the ,three ,ones2 7vi7 a description of-- 7,i7 the efforts of partner countries that were signatories to the ,abuja ,declaration on ,,hiv_/,,aids1 ,tuberculosis1 and ,other ,related ,infectious ,diseases to adhere to the goals of such ,declaration in terms of investments in public health1 including ,,hiv_/,,aids2 and 7,,ii7 a description of the ,,hiv_/,,aids investments of partner countries that were not signatories to such ,declaration2 7vii7 a detailed description of any compacts or framework agreements reached or negotiated between the ,united ,states and any partner countries1 including a description of the elements of compacts described in subsection 7e72 7viii7 a description of programs serving women and girls1 including-- 7,i7 ,,hiv_/,,aids prevention programs that address the vulnerabilities of girls and women to ,,hiv_/,,aids2 7,,ii7 information on the number of individuals served by programs aimed at reducing the vulnerabilities of women and girls to ,,hiv_/,,aids and data on the types1 objectives1 and duration of programs to address these issues2 7,,iii7 information on programs to address the particular needs of adolescent girls and young women2 and 7,,iv7 programs to prevent gender-based violence or to assist victims of gender based violence as part of1 or in coordination with1 ,,hiv_/,,aids programs2 7ix7 a description of strategies1 goals1 programs1 and interventions to-- 7,i7 address the needs and vulnerabilities of youth populations2 7,,ii7 expand access among young men and women to evidence-based ,,hiv_/,,aids health care services and ,,hiv prevention programs1 including abstinence education programs2 and 7,,iii7 expand community-based services to meet the needs of orphans and of children and adolescents affected by or vulnerable to ,,hiv_/,,aids without increasing stigmatization2 7x7 a description of-- 7,i7 the specific strategies funded to ensure the reduction of ,,hiv infection among injection drug users2 7,,ii7 the number of injection drug users1 by country1 reached by such strategies2 and 7,,iii7 medication-assisted drug treatment for individuals with ,,hiv or at risk of ,,hiv2 7xi7 a detailed description of program monitoring1 operations research1 and impact evaluation research1 including-- 7,i7 the amount of funding provided for each research type2 7,,ii7 an analysis of cost-effectiveness models2 and 7,,iii7 conclusions regarding the efficiency1 effectiveness1 and quality of services as derived from previous or ongoing research and monitoring efforts2 7xii7 building capacity to identify1 investigate1 and stop nosocomial transmission of infectious diseases1 including ,,hiv and tuberculosis2 and 7xiii7 a description of staffing levels of ,united ,states ,government ,,hiv_/,,aids teams in countries with significant ,,hiv_/,,aids programs1 including whether or not a full-time coordinator was on staff for the year4 7g7 ,funding limitation ,of the funds made available to carry out this section in any fiscal year1 not more than #g percent may be used for the administrative expenses of the ,united ,states ,agency for ,international ,development in support of activities described in this section1 section #cjb1 and section #cjc4 ,such amount shall be in addition to other amounts otherwise available for such purposes4 7h7 ,definitions ,in this section3 7#a7 ,,aids ,the term ,,aids means acquired immune deficiency syndrome4 7#b7 ,,hiv ,the term ,,hiv means the human immunodeficiency virus1 the pathogen that causes ,,aids4 7#c7 ,,hiv_/,,aids ,the term ,,hiv_/,,aids means1 with respect to an individual1 an individual who is infected with ,,hiv or living with ,,aids4 7#d7 ,relevant executive branch agencies ,the term relevant executive branch agencies means the ,department of ,state1 the ,united ,states ,agency for ,international ,development1 the ,department of ,health and ,human ,services 7including its agencies and offices71 and any other department or agency of the ,united ,states that participates in international ,,hiv_/,,aids activities pursuant to the authorities of such department or agency or this ,act4 4 7b7 ,assistance ,to combat tuberculosis ,subtitle ,a of title ,,iii of the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis and ,malaria ,act of #bjjc 7#bb ,u4,s4,c4 #gfca et seq47 is amended-- 7#a7 by redesignating section #cjb as section #cjb;,a2 7#b7 in the heading of section #cjb;,a 7as redesignated71 by inserting other provisions relating to before assistance2 and 7#c7 by inserting before section #cjb;,a 7as redesignated7 the following new section3 #cjb4 ,assistance to combat tuberculosis 7a7 ,findings ,congress makes the following findings3 7#a7 ,congress recognizes the growing international problem of tuberculosis and the impact its continued existence has on those countries that had previously largely controlled the disease4 7#b7 ,congress further recognizes that the means exist to control and treat tuberculosis through expanded use of the ,,dots 7,directly ,observed ,treatment ,short-course7 treatment strategy1 including ,,dots-,plus to address multi-drug resistant tuberculosis1 and adequate investment in newly created mechanisms to increase access to treatment1 including the ,global ,tuberculosis ,drug ,facility established in #bjja pursuant to the ,amsterdam ,declaration to ,stop ,,tb and the ,global ,alliance for ,,tb ,drug ,development4 7b7 ,policy ,it is a major objective of the foreign assistance program of the ,united ,states to control tuberculosis4 ,in all countries in which the ,government of the ,united ,states has established development programs1 particularly in countries with the highest burden of tuberculosis and other countries with high rates of tuberculosis1 the ,united ,states should support the objectives of the ,global ,plan to ,stop ,,tb1 including through achievement of the following goals3 7#a7 ,reduce by half the tuberculosis death and disease burden from the #aiij baseline4 7#b7 ,sustain or exceed the detection of at least #gj percent of sputum smear-positive cases of tuberculosis and the successful treatment of at least #he percent of the cases detected in countries with established ,united ,states ,agency for ,international ,development tuberculosis programs4 7#c7 ,in support of the ,global ,plan to ,stop ,,tb1 the ,president shall establish a comprehensive1 #e-year ,united ,states strategy to expand and improve ,united ,states efforts to combat tuberculosis globally1 including a plan to support-- 7,a7 the successful treatment of #d1ejj1jjj new sputum smear tuberculosis patients under ,,dots programs by #bjac1 primarily through direct support for needed services1 commodities1 health workers1 and training1 and additional treatment through coordinated multilateral efforts2 and 7,b7 the diagnosis and treatment of #ij1jjj new multiple drug resistant tuberculosis cases by #bjac1 and additional treatment through coordinated multilateral efforts4 7c7 ,authorization ,to carry out this section and consistent with section #acba of the ,global ,partnerships ,act of #bjac1 the ,president is authorized to furnish assistance1 on such terms and conditions as the ,president may determine1 for the prevention1 treatment1 control1 and elimination of tuberculosis4 7d7 ,coordination ,in carrying out this section1 the ,president shall coordinate with the ,world ,health ,organization1 the ,global ,fund to ,fight ,,aids1 ,tuberculosis1 and ,malaria1 and other organizations with respect to the development and implementation of a comprehensive tuberculosis control program4 7e7 ,priority ,to stop ,,tb strategy ,in furnishing assistance under subsection 7c71 the ,president shall give priority to-- 7#a7 direct services described in the ,stop ,,tb ,strategy1 including expansion and enhancement of ,directly ,observed ,treatment ,short-course 7,,dots7 coverage1 rapid testing1 treatment for individuals infected with both tuberculosis and ,,hiv1 and treatment for individuals with multi-drug resistant tuberculosis 7,,mdr-,,tb71 strengthening of health systems1 use of the ,international ,standards for ,tuberculosis ,care by all providers1 empowering individuals with tuberculosis1 and enabling and promoting research to develop new diagnostics1 drugs1 and vaccines1 and program-based operational research relating to tuberculosis2 and 7#b7 funding for the ,global ,tuberculosis ,drug ,facility1 the ,stop ,tuberculosis ,partnership1 and the ,global ,alliance for ,,tb ,drug ,development4 7f7 ,assistance for the world health organization and the stop tuberculosis partnership ,in carrying out this section1 the ,president1 acting through the ,administrator of the ,united ,states ,agency for ,international ,development1 is authorized to provide increased resources to the ,world ,health ,organization and the ,stop ,tuberculosis ,partnership to improve the capacity of countries with high rates of tuberculosis and other affected countries to implement the ,stop ,,tb ,strategy and specific strategies related to addressing multiple drug resistant tuberculosis 7,,mdr-,,tb7 and extensively drug resistant tuberculosis 7,,xdr-,,tb74 7g7 ,annual report ,the ,president shall submit an annual report to ,congress that describes the impact of ,united ,states foreign assistance on efforts to control tuberculosis1 including-- 7#a7 the number of tuberculosis cases diagnosed and the number of cases cured in countries receiving ,united ,states bilateral foreign assistance for tuberculosis control purposes2 7#b7 a description of activities supported with ,united ,states tuberculosis resources in each country1 including a description of how those activities specifically contribute to increasing the number of people diagnosed and treated for tuberculosis2 7#c7 in each country receiving bilateral ,united ,states foreign assistance for tuberculosis control purposes1 the percentage provided for direct tuberculosis services in countries receiving ,united ,states bilateral foreign assistance for tuberculosis control purposes2 7#d7 a description of research efforts and clinical trials to develop new tools to combat tuberculosis1 including diagnostics1 drugs1 and vaccines supported by ,united ,states bilateral assistance2 7#e7 the number of persons who have been diagnosed and started treatment for multidrug-resistant tuberculosis in countries receiving ,united ,states bilateral foreign assistance for tuberculosis control programs2 7#f7 a description of the collaboration and coordination of ,united ,states anti-tuberculosis efforts with the ,world ,health ,organization1 the ,global ,fund1 and other major public and private entities within the ,stop ,,tb ,strategy2 7#g7 the constraints on implementation of programs posed by health workforce shortages and capacities2 7#h7 the number of people trained in tuberculosis control2 and 7#i7 a breakdown of expenditures for direct patient tuberculosis services1 drugs and other commodities1 drug management1 training in diagnosis and treatment1 health systems strengthening1 research1 and support costs4 7h7 ,definitions ,in this section3 7#a7 ,,dots ,the term ,,dots or ,directly ,observed ,treatment ,short-course means the ,world ,health ,organization-recommended strategy for treating tuberculosis1 including-- 7,a7 low-cost and effective diagnosis1 treatment1 and monitoring of tuberculosis2 7,b7 a reliable drug supply2 7,c7 a management strategy for public health systems2 7,d7 health system strengthening2 7,e7 promotion of the use of the ,international ,standards for ,tuberculosis ,care by all care providers2 7,f7 bacteriology under an external quality assessment framework2 7,g7 short-course chemotherapy2 and 7,h7 sound reporting and recording systems4 7#b7 ,,dots-,plus ,the term ,,dots-,plus means a comprehensive tuberculosis management strategy that is built upon and works as a supplement to the standard ,,dots strategy1 and which takes into account specific issues 7such as use of second line anti-tuberculosis drugs7 that need to be addressed in areas where there is high prevalence of multidrug resistant tuberculosis4 7#c7 ,global alliance for tuberculosis drug development ,the term ,global ,alliance for ,tuberculosis ,drug ,development means the public-private partnership that brings together leaders in health1 science1 philanthropy1 and private industry to devise new approaches to tuberculosis and to ensure that new medications are available and affordable in high tuberculosis burden countries and other affected countries4 7#d7 ,stop ,,tb strategy ,the term ,stop ,,tb ,strategy means the #f-point strategy to reduce tuberculosis developed by the ,world ,health ,organization1 which is described in the ,global ,plan to ,stop ,,tb #bjjf-bjae3 ,actions for ,life1 a comprehensive plan developed by the ,stop ,,tb ,partnership that sets out the actions necessary to achieve the millennium development goal of cutting tuberculosis deaths and disease burden in half by #bjae4 7#e7 ,stop tuberculosis partnership ,the term ,stop ,tuberculosis ,partnership means the partnership of the ,world ,health ,organization1 donors including the ,united ,states1 high tuberculosis burden countries1 multilateral agencies1 and nongovernmental and technical agencies committed to short- and long-term measures required to control and eventually eliminate tuberculosis as a public health problem in the world4 4 7c7 ,assistance ,to combat malaria ,subtitle ,a of title ,,iii of the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis and ,malaria ,act of #bjjc 7#bb ,u4,s4,c4 #gfca et seq47 is amended-- 7#a7 by redesignating section #cjc as section #cjc;,a2 7#b7 in the heading of section #cjc;,a 7as redesignated71 by inserting other provisions relating to before assistance2 and 7#c7 by inserting before section #cjc;,a 7as redesignated7 the following new section3 #cjc4 ,assistance to combat malaria 7a7 ,finding ,congress finds that malaria kills more people annually than any other communicable disease except tuberculosis1 that more than #ij percent of all malaria cases are in sub-,saharan ,africa1 and that children and women are particularly at risk4 ,congress recognizes that there are cost-effective tools to decrease the spread of malaria and that malaria is a curable disease if promptly diagnosed and adequately treated4 7b7 ,policy ,it is a major objective of the foreign assistance program of the ,united ,states to provide assistance for the prevention1 control1 treatment1 and cure of malaria4 7c7 ,authorization ,to carry out this section and consistent with section #acba of the ,global ,partnerships ,act of #bjac1 the ,president is authorized to furnish assistance1 on such terms and conditions as the ,president may determine1 for the prevention1 treatment1 control1 and elimination of malaria4 7d7 ,coordination ,in carrying out this section1 the ,president shall coordinate with the ,world ,health ,organization1 the ,global ,fund to ,fight ,,aids1 ,tuberculosis1 and ,malaria1 the ,department of ,health and ,human ,services 7the ,centers for ,disease ,control and ,prevention and the ,national ,institutes of ,health71 and other organizations with respect to the development and implementation of a comprehensive malaria control program4 4 7d7 ,technical and conforming amendments ,the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis and ,malaria ,act of #bjjc 7#bb ,u4,s4,c4 #gfja et seq47 is amended-- 7#a7 in section #c7ab71 by striking ,foreign ,assistance ,act of #aifa and inserting ,global ,partnerships ,act of #bjac2 7#b7 in section #aja7;f77#a77;,a71 by inserting at the end before the period the following3 7as such sections were in effect on the day before the date of the enactment of the ,global ,partnerships ,act of #bjac72 7#c7 in section #bjb7;d77#d77;,b7-- 7,a7 in clause 7iii71 by striking section #ajd;,a of the ,foreign ,assistance ,act of #aifa 7as added by section #cja of this ,act7 and inserting section #cja of this ,act2 and 7,b7 in clause 7iv71 by striking sections #ajd;,a1 #ajd;,b1 and #ajd;,c of the ,foreign ,assistance ,act of #aifa 7as added by title ,,iii of this ,act7 and inserting sections #cja1 #cjb1 and #cjc of this ,act2 7#d7 in section #bjd7;b77#a71 by striking section #abi of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baeb7 and inserting section #aacb of the ,global ,partnerships ,act of #bjac2 7#e7 in section #cja;,a 7as redesignated7-- 7,a7 in subsection 7b7-- 7i7 in paragraph 7#a7-- 7,i7 by striking section #ajd7;c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b7c77 and inserting section #acjd of the ,global ,partnerships ,act of #bjac2 and 7,,ii7 by striking section #ajd;,a of the ,foreign ,assistance ,act of #aifa1 as added by subsection 7a7 and inserting section #cja2 and 7ii7 in paragraph 7#c71 by striking section #ajd;,a7d77#d7 of the ,foreign ,assistance ,act of #aifa 7as added by subsection 7a77 and inserting section #cja7;d77#e72 and 7,b7 in subsection 7d71 by striking under section #ajd;,a of the ,foreign ,assistance ,act of #aifa and inserting under section #acjd of the ,global ,partnerships ,act of #bjac2 7#f7 in section #cjb;,a7b77#a7 7as redesignated7-- 7,a7 by striking section #ajd7;c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b7c77 and inserting section #acjd of the ,global ,partnerships ,act of #bjac2 and 7,b7 by striking section #ajd;,b of the ,foreign ,assistance ,act of #aifa1 as added by subsection 7a7 and inserting section #cjb2 and 7#g7 in section #cjc;,a7b77#a7 7as redesignated7-- 7,a7 by striking section #ajd7;c7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b7c77 and inserting section #acjd of the ,global ,partnerships ,act of #bjac2 and 7,b7 by striking section #ajd;,c of the ,foreign ,assistance ,act of #aifa1 as added by subsection 7a7 and inserting section #cjc2 7#h7 in section #cjd;,a 7as redesignated7-- 7,a7 in subsection 7e71 by striking section #ajd;,c of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b-#d7 and inserting section #cjc2 and 7,b7 in subsection 7f71 by striking section #ajd;,c2 7#i7 in section #cab7;c77#d77;,c77ii71 by striking #ajd;,a7f7 of the ,foreign ,assistance ,act of #aifa and inserting section #cja7;f72 and 7#aj7 in section #djc-- 7,a7 in subsection 7a77#d71 by striking section #ajd;,a7e7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b-#b7;e77 and inserting section #cja7;e7 of this ,act2 and 7,b7 in subsection 7d77#d71 by striking section #ajd;,a7b77#a77;,a7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b-#b7;b77#a77;,a77 and inserting section #cja7;b77#a77;,a7 of this ,act4 7e7 ,clerical amendment ,the table of contents in section #a7;b7 of the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis and ,malaria ,act of #bjjc 7#bb ,u4,s4,c4 #gfja note7 is amended by striking the items relating to sections #cja through #cjc and inserting the following new items3 ,sec4 #cja4 ,assistance to combat ,,hiv_/,,aids4 ,sec4 #cja;,a4 ,other provisions relating to assistance to combat ,,hiv_/,,aids4 ,sec4 #cjb4 ,assistance to combat tuberculosis4 ,sec4 #cjb;,a4 ,other provisions relating to assistance to combat tuberculosis4 ,sec4 #cjc4 ,assistance to combat malaria4 ,sec4 #cjc;,a4 ,other provisions relating to assistance to combat malaria4 4 7f7 ,transfer of prior year funds ,unobligated balances of funds made available under sections #ajd;,a1 #ajd;,b and #ajd;,c of the ,foreign ,assistance ,act of #aifa 7as in effect on the day before the date of the enactment of this ,act7 shall be transferred to1 merged with1 and made available for the same purposes as funds made available under sections #cja1 #cjb and #cjc1 respectively1 of the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis and ,malaria ,act of #bjjc 7as added by this section74 #aaajb4 ,amendments to the ,millennium ,challenge ,act of #bjjc 7a7 ,extension of compacts ,section #fji7;j7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggjh7;j77 is amended to read as follows3 7j7 ,extension of compact 7#a7 ,in general ,except as provided under paragraph 7#b71 the duration of a ,compact shall not exceed #e years4 7#b7 ,exception ,the duration of a ,compact may be extended beyond #e years if-- 7,a7 the ,compact was signed prior to the date of the enactment of the ,global ,partnerships ,act of #bjac2 7,b7 the ,board determines that a project included in the ,compact cannot be completed in #e years or less2 7,c7 the ,board approves an extension of the ,compact that does not extend the total duration of the ,compact beyond #g years2 and 7,d7 the appropriate congressional committees are notified in accordance with subsection 7i74 4 7b7 ,concurrent and subsequent compacts 7#a7 ,in general ,section #fji7k7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggjh7k77 is amended to read as follows3 7k7 ,concurrent and subsequent compacts 7#a7 ,in general ,subject to paragraph 7#b71 and in accordance with the requirements of this title1 an eligible country and the ,united ,states-- 7,a7 may enter into and have in effect more than one ,compact at any given time2 and 7,b7 may enter into subsequent ,compacts after the expiration of existing ,compacts4 7#b7 ,requirements ,an eligible country and the ,united ,states may enter into concurrent or subsequent ,compacts if the ,board determines that such country-- 7,a7 is making or has made significant1 consistent progress in implementing the terms of any existing or prior ,compact2 and 7,b7 will contribute1 in the case of a candidate country as defined in section #fjf7;a71 not less than #g4e percent of the total amount agreed upon for a subsequent ,compact1 or in the case of a candidate country as defined in section #fjf7;b71 not less than #ae percent of the total amount agreed upon for a subsequent ,compact4 7#c7 ,funding ,the ,corporation shall commit any funding for a concurrent ,compact at the time it funds the ,compact4 7#d7 ,timing ,a concurrent ,compact shall be signed not later than #b years after the signing of the earlier ,compact4 7#e7 ,limitation ,the ,corporation may provide not more than #ae years of ,compact funding to any country4 4 7#b7 ,effective date ,the amendment made by paragraph 7#a7 applies with respect to ,compacts entered into between the ,united ,states and an eligible country under the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggja et seq47 before1 on1 or after the date of the enactment of this ,act4 7c7 ,maintaining candidate status for purposes of income category ,section #fjf of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggje7 is amended-- 7#a7 in subsection 7a7-- 7,a7 in paragraph 7#a7-- 7i7 in the heading1 by striking ,fiscal year #bjjd and inserting ,in general2 7ii7 in the matter preceding subparagraph 7,a71 by striking for fiscal year #bjjd and inserting for a fiscal year2 7iii7 in subparagraph 7,a7 to read as follows3 7,a7 the country-- 7i7 has a per capita income that is not greater than the ,world ,bank's lower middle income country threshold for such fiscal year2 and 7ii7 is among the #ge lowest per capita income countries1 as identified by the ,world ,bank2 and 2 and 7iv7 in subparagraph 7,b71 by striking subject to paragraph 7#c7 and inserting subject to paragraph 7#b72 7,b7 by striking paragraph 7#b72 and 7,c7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#b7 in subsection 7b7-- 7,a7 in paragraph 7#a7-- 7i7 in the matter preceding subparagraph 7,a71 by striking for fiscal year #bjjf or a subsequent fiscal year and inserting for a fiscal year2 and 7ii7 by striking subparagraphs 7,a7 and 7,b7 and inserting the following3 7,a7 has a per capita income that is not greater than the ,world ,bank's lower middle income country threshold for such fiscal year2 7,b7 is not among the #ge lowest per capita income countries as identified by the ,world ,bank2 and 7,c7 meets the requirements under subsection 7a77#a77;,b74 2 and 7,b7 in paragraph 7#b7-- 7i7 by striking for fiscal year #bjjf or any subsequent fiscal year and inserting for a fiscal year2 and 7ii7 by striking for fiscal year #bjjf or the subsequent fiscal year1 as the case may be and inserting for such fiscal year2 7#c7 by redesignating existing subsection 7c7 as subsection 7d72 and 7#d7 by inserting after subsection 7b7 the following3 7c7 ,maintaining candidate status ,any candidate country whose per capita income changes in a given fiscal year such that the country's income classification as #8low income' or #8lower middle income' changes1 shall retain its candidacy at the former income category for the year of such transition and for the two subsequent fiscal years4 4 7d7 ,chairperson ,section #fjd7;c77#e7 of the ,millennium ,challenge ,act of #bjjc 7#bb ,u4,s4,c4 #ggjc7;c77#e77 is amended by striking ,secretary of ,state and inserting ,administrator of the ,united ,states ,agency for ,international ,development4 7e7 ,conforming amendments ,the ,millennium ,challenge ,act of #bjjc is amended-- 7#a7 in section #fjc7a77;,a7 7#bb ,u4,s4,c4 #ggjb7a77;,a771 by striking ,international ,relations and inserting ,foreign ,affairs2 7#b7 in section #fje7;e77#d7 7#bb ,u4,s4,c4 #ggjd7;e77#d77-- 7,a7 by striking ,the prohibitions on use of funds contained in paragraphs 7#a7 through 7#c7 of section #ajd7;f7 of the ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea;b7f77#a7-7c77 and inserting ,the principles and restrictions on use of funds contained in section #acje of the ,global ,partnerships ,act of #bjac2 and 7,b7 by striking part ,i and inserting title ,i2 7#c7 in section #fjf7;a77#a77;,b7 7#bb ,u4,s4,c4 #ggje7;a77#a77;,b77-- 7,a7 by striking part ,i of the ,foreign ,assistance ,act of #aifa and inserting title ,i of the ,global ,partnerships ,act of #bjac2 and 7,b7 by striking any provision of the ,foreign ,assistance ,act of #aifa and inserting any provision of the ,global ,partnerships ,act of #bjac2 and 7#d7 in section #fad7;d7 7#bb ,u4,s4,c4 #ggac7;d771 by striking ,foreign ,assistance ,act of #aifa 7#bb ,u4,s4,c4 #baea et seq47 and inserting ,global ,partnerships ,act of #bjac4 #aaajc4 ,amendments to the ,migration and ,refugee ,assistance ,act of #aifb ,section #b7;c7 of the ,migration and ,refugee ,assistance ,act of #aifb 7#bb ,u4,s4,c4 #bfja7;c77 is amended-- 7#a7 in paragraph 7#a71 by striking ,president and inserting ,secretary of ,state2 and 7#b7 in paragraph 7#b71 by striking #ajj1jjj1jjj and inserting #bjj1jjj1jjj4 #aaajd4 ,amendments to the ,fulbright-,hays ,act ,the ,mutual ,educational and ,cultural ,exchange ,act of #aifa 7commonly known as the ,fulbright-,hays ,act7 is amended-- 7#a7 in section #ajb7;b77#c7 7#bb ,u4,s4,c4 #bdeb7;b77#c771 by inserting 1 hospital centers for medical education and research1 and other after operation of schools2 and 7#b7 in section #aab7;a77#e7 7#bb ,u4,s4,c4 #bdfj7;a77#e77 to read as follows3 7#e7 the ,american ,schools and ,hospitals ,abroad ,program which provides financial assistance to the operations of ,american-sponsored schools1 hospital centers for medical education and research1 and other institutions of learning abroad2 4 #aaaje4 ,amendments to the ,state ,department ,basic ,authorities ,act of #aief ,section #a7;f77#a7 of the ,state ,department ,basic ,authorities ,act of #aief 7#bb ,u4,s4,c4 #bfea;a7f77#a77 is amended-- 7#a7 in the first sentence1 by striking ,department of ,state in the immediate office of the ,secretary of ,state and inserting ,united ,states ,agency for ,international ,development2 and 7#b7 in the second sentence1 by striking ,secretary and inserting ,administrator of the ,united ,states ,agency for ,international ,development4 ,b ,repeals #aabja4 ,repeal of laws incorporated in this ,act ,the following provisions of law are hereby repealed3 7#a7 ,the ,foreign ,assistance ,act of #aifa 7,public ,law #hg-aie74 7#b7 ,the ,arms ,export ,control ,act 7,public ,law #ij-fbi74 7#c7 ,sections #ffd and #ffe of the ,foreign ,relations ,authorization ,act1 ,fiscal ,year #bjjc 7,public ,law #ajg-bbh74 7#d7 ,sections #baba and #babb of the ,,advance ,democracy ,act of #bjjg 7title ,,xxi of ,public ,law #aaj-ec74 #aabjb4 ,repeal of laws inconsistent with this ,act ,the following provisions of law are hereby repealed3 7#a7 ,section #fja of the ,support for ,east ,european ,democracy 7,,seed7 ,act of #aihi 7,public ,law #aja-agi74 7#b7 ,section #ajb of the ,freedom for ,russia and ,emerging ,eurasian ,democracies and ,open ,markets ,support ,act of #aiib 7,public ,law #ajb-eaa74 7#c7 ,the ,foreign ,affairs ,reform and ,restructuring ,act of #aiih 7division ,g of ,public ,law #aje-bgg74 #aabjc4 ,repeal of obsolete provisions of law ,the following provisions of law are hereby repealed3 7#a7 ,the ,trafficking ,victims ,protection ,reauthorization ,act of #bjjc 7,public ,law #ajh-aic74 7#b7 ,the ,torture ,victims ,relief ,reauthorization ,act of #bjjc 7,public ,law #ajh-agi74 7#c7 ,the ,,help ,commission ,act 7section #fcg of division ,b of ,public ,law #ajh-ii74 7#d7 ,the ,international ,anti-,corruption and ,good ,governance ,act of #bjjj 7,public ,law #ajf-cji74 7#e7 ,the ,iraq ,liberation ,act of #aiih 7,public ,law #aje-cch74 7#f7 ,the ,agriculture ,export ,relief ,act of #aiih 7,public ,law #aje-aid74 7#g7 ,title ,i of the ,international ,narcotics ,control ,corrections ,act of #aiid 7,public ,law #ajc-ddg74 7#h7 ,the ,south ,african ,democratic ,transition ,support ,act of #aiic 7,public ,law #ajc-adi74 7#i7 ,public ,law #ajb-bgj 7relating to the peace process in ,liberia74 7#aj7 ,title ,,iii of the ,conventional ,forces in ,europe ,treaty ,implementation ,act of #aiia4 7#aa7 ,the ,emergency ,supplemental ,persian ,gulf ,refugee ,assistance ,act of #aiia 7,public ,law #ajb-de74 7#ab7 ,the ,emergency ,supplemental ,assistance for ,israel ,act of #aiia 7,public ,law #ajb-ba74 7#ac7 ,the ,urgent ,assistance for ,democracy in ,panama ,act of #aiij 7,public ,law #aja-bdc74 7#ad7 ,the ,survival ,assistance to ,victims of ,civil ,strife in ,central ,america 7,public ,law #aja-bae74 7#ae7 ,the ,bangladesh ,disaster ,assistance ,act of #aihh 7,public ,law #ajj-egf74 7#af7 ,the ,international ,cooperation to ,protect ,biological ,diversity 7,public ,law #ajj-ecj74 7#ag7 ,the ,overseas ,private ,investment ,corporation ,amendments ,act of #aihh 7,public ,law #ajj-dfa74 7#ah7 ,the ,american ,aid to ,poland ,act of #aihh 7,part ,,ii of ,public ,law #ajj-dah74 7#ai7 ,public ,law #ajj-bgf 7relating to peace1 democracy and reconciliation in ,central ,america74 7#bj7 ,the ,special ,foreign ,assistance ,act of #aihf 7,public ,law #ii-ebi74 7#ba7 ,the ,jordan ,supplemental ,economic ,assistance ,authorization ,act of #aihe 7,public ,law #ii-hh74 7#bb7 ,the ,african ,famine ,relief and ,recovery ,act of #aihe 7,public ,law #ii-h74 7#bc7 ,the ,international ,security and ,development ,assistance ,authorizations ,act of #aihc 7,public ,law #ih-aea74 7#bd7 ,the ,lebanon ,emergency ,assistance ,act of #aihc 7,public ,law #ih-dc74 7#be7 ,the ,international ,security and ,development ,cooperation ,act of #aiha 7,public ,law #ig-aac74 7#bf7 ,the ,international ,security and ,development ,cooperation ,act of #aihj 7,public ,law #if-ecc71 other than section #aaj and title ,v of such ,act4 7#bg7 ,the ,international ,development ,cooperation ,act of #aigi 7,public ,law #if-ib74 7#bh7 ,the ,international ,security ,assistance ,act of #aigi 7,public ,law #if-ec74 7#bi7 ,the ,special ,international ,security ,assistance ,act of #aigi 7,public ,law #if-ce74 7#cj7 ,the ,international ,development and ,food ,assistance ,act of #aigh 7,public ,law #ie-dbd74 7#ca7 ,the ,international ,security ,assistance ,act of #aigh 7,public ,law #ie-chd74 7#cb7 ,the ,international ,security ,assistance ,act of #aigg 7,public ,law #ie-ib74 7#cc7 ,the ,international ,development and ,food ,assistance ,act of #aigg 7,public ,law #ie-hh71 other than sections #a1 #acb1 and #acc of such ,act4 7#cd7 ,the ,international ,security ,assistance and ,arms ,export ,control ,act of #aigf 7,public ,law #id-cbi71 except for section #fja4 7#ce7 ,the ,international ,development and ,food ,assistance ,act of #aige 7,public ,law #id-afa74 7#cf7 ,the ,foreign ,assistance ,act of #aigd 7,public ,law #ic-eei74 7#cg7 ,the ,emergency ,security ,assistance ,act of #aigc 7,public ,law #ic-aii74 7#ch7 ,the ,foreign ,assistance ,act of #aigc 7,public ,law #ic-ahi74 7#ci7 ,the ,foreign ,assistance ,act of #aiga 7,public ,law #ib-bbf74 7#dj7 ,the ,act entitled1 ,an ,act to ,amend the ,foreign ,military ,sales ,act1 and for other purposes1 approved ,january #ab1 #aiga 7,public ,law #ia-fgb74 7#da7 ,the ,special ,foreign ,assistance ,act of #aiga 7,public ,law #ia-feb74 7#db7 ,the ,foreign ,assistance ,act of #aifh 7,public ,law #ij-eed74 7#dc7 ,the ,foreign ,assistance ,act of #aifd 7,public ,law #hh-fcc74 7#dd7 ,the ,latin ,american ,development ,act 7,public ,law #hf-gce74 #aabjd4 ,repeal of unnecessary reporting requirements ,the following provisions of law are repealed3 7#a7 ,section #efj7;g7 of ,public ,law #ajc-hg4 7#b7 ,section #ajd of ,public ,law #ajb-eaa4 7#c7 ,section #ajab7;c7 of ,public ,law #ajc-ccg4 7#d7 ,subsections 7c77#d7 and 7c77#e7 of section #fja of ,public ,law #if-dfe4 7#e7 ,section #ehe of division ,a of ,public ,law #ajd-bjh4 7#f7 ,section #h of ,public ,law #ajg-bde4 7#g7 ,section #hjg of ,public ,law #ih-afd4 ,c ,savings provisions #aacja4 ,references to former authorities 7a7 ,in general ,effective beginning on the date of the enactment of this ,act-- 7#a7 any reference to part ,i of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to title ,i of this ,act2 7#b7 any reference to section #ajd7;f7 of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #acje of this ,act2 7#c7 any reference to section #ajd;,a1 #ajd;,b1 or #ajd;,c of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #cja1 #cjb1 or #cjc1 respectively1 of the ,united ,states ,leadership ,against ,,hiv_/,,aids1 ,tuberculosis and ,malaria ,act of #bjjc 7as added by this ,act72 7#d7 any reference to section #aji or #faj of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #ifjb of this ,act2 7#e7 any reference to section #aaf7;a7 or #ejb;,b of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #iaja of this ,act2 7#f7 any reference to section #aaf7;d7 of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #cajb of this ,act2 7#g7 any reference to section #dea of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #ifja of this ,act2 7#h7 any reference to chapter #d of part ,,ii of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to subtitle ,a of title ,,iv of this ,act2 7#i7 any reference to section #fad of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #ifjc of this ,act2 7#aj7 any reference to section #fbj;,a of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #idja of this ,act2 7#aa7 any reference to section #fbj;,h of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #idjb of this ,act2 7#ab7 any reference to section #fbj,m of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #iajb of this ,act2 7#ac7 any reference to section #fcb of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #ajejd of this ,act2 7#ad7 any reference to section #fcd of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #hcjb of this ,act2 7#ae7 any reference to section #fcd;,a of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #hdja of this ,act2 and 7#af7 any reference to section #fec of the ,foreign ,assistance ,act of #aifa shall be deemed to be a reference to section #hcjc of this ,act4 7b7 ,united ,states ,agency for ,international ,development ,references in any provision of law to the ,agency for ,international ,development shall be deemed to be a reference to the ,united ,states ,agency for ,international ,development4 #aacjb4 ,repeal of provisions amending other laws ,except as otherwise provided in this ,act1 the repeal by this ,act of any provision of law that amended or repealed another provision of law does not affect in any way that amendment or repeal4 #aacjc4 ,savings provisions 7a7 ,in general ,except as may be expressly provided to the contrary in this ,act1 all determinations1 authorizations1 regulations1 orders1 contracts1 agreements1 and other actions issued1 undertaken1 or entered into under authority of any provision of law repealed by this ,act shall continue in full force and effect until modified by appropriate authority4 7b7 ,conditions ,wherever provisions of this ,act establish conditions which must be complied with before use may be made of authority contained in1 or funds made available to carry out the provisions of1 this ,act1 compliance with1 or satisfaction of1 substantially similar conditions under provisions repealed by this ,act shall be deemed to constitute compliance with the conditions established by this ,act4 7c7 ,availability of funds ,funds made available pursuant to provisions of law repealed by this ,act shall1 unless otherwise authorized or provided by law1 remain available for their original purposes in accordance with the provisions of law originally applicable thereto1 or in accordance with the provisions of law currently applicable to those purposes4 7d7 ,references ,references in law to provisions repealed by this ,act may hereafter be deemed to be references to corresponding provisions of this ,act1 on a case-by-case basis as may be appropriate4 7e7 ,certain presidential appointees ,the repeal by this ,act of any provision of the ,foreign ,assistance ,act of #aifa providing for the appointment of an individual to a position by the ,president1 by and with the advice and consent of the ,senate1 and the reenactment by this ,act of that provision in substantively identical form does not require the reappointment of the individual holding that position on the effective date of this ,act4 7f7 ,guarantees and loans under former authority ,guarantees committed or outstanding under the former authorities of sections #ajh1 #bbb1 and #bbb;,a of the ,foreign ,assistance ,act of #aifa1 as in effect on the day before the date of the enactment of this ,act1 loans obligated under section #ajh on or before such date1 the fees and interest collected in connection with such guarantees and loans1 and income on claims receivable with respect to such guarantees and loans1 shall continue to be subject to provisions of such ,act originally applicable to those guarantees and loans and the ,federal ,credit ,reform ,act of #aiij4 7g7 ,severability ,if any provision of this ,act1 or the application of such provision to any person or circumstance1 shall be held invalid1 the validity of the remainder of this ,act1 and of the applicability of such provision to other persons or circumstances1 shall not be affected thereby4 #aacjd4 ,effective date ,this ,act and the amendments made by this ,act shall take effect on the date of the enactment of this ,act4