H.R. 6018 (112th): Foreign Relations Authorization Act, Fiscal Year 2013

112th Congress, 2011–2013. Text as of Jun 26, 2012 (Introduced).

Status & Summary | PDF | Source: GPO

I

112th CONGRESS

2d Session

H. R. 6018

IN THE HOUSE OF REPRESENTATIVES

June 26, 2012

introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL

To authorize appropriations for the Department of State for fiscal year 2013, and for other purposes.

1.

Short title

This Act may be cited as the Foreign Relations Authorization Act, Fiscal Year 2013.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Appropriate congressional committees defined.

Title I—Authorization of Appropriations

Sec. 101. Administration of foreign affairs.

Sec. 102. Contributions to International Organizations.

Sec. 103. Contributions for International Peacekeeping Activities.

Sec. 104. International Commissions.

Sec. 105. Peace Corps.

Sec. 106. National Endowment for Democracy.

Title II—Department of State Authorities and Activities

Subtitle A—Basic Authorities and Activities

Sec. 201. International Litigation Fund.

Sec. 202. Actuarial valuations.

Sec. 203. Special agents.

Sec. 204. Diplomatic security program contracting.

Sec. 205. Accountability review boards.

Sec. 206. Physical security of certain soft targets.

Sec. 207. Rewards program update and technical corrections.

Sec. 208. Cybersecurity efforts of the Department of State.

Sec. 209. Center for Strategic Counterterrorism Communications of the Department of State.

Subtitle B—Consular Services and Related Matters

Sec. 211. Extension of authority to assess passport surcharge.

Sec. 212. Border crossing card fee for minors.

Subtitle C—Reporting Requirements

Sec. 221. Reporting reform.

Title III—Organization and Personnel Authorities

Sec. 301. Suspension of Foreign Service members without pay.

Sec. 302. Repeal of recertification requirement for Senior Foreign Service.

Sec. 303. Limited appointments in the Foreign Service.

Sec. 304. Limitation of compensatory time off for travel.

Sec. 305. Department of State organization.

Sec. 306. Reemployment of annuitants in high-risk posts.

Sec. 307. Overseas Foreign Service pay.

Title IV—United States International Broadcasting

Sec. 401. Authorization of appropriations for international broadcasting.

Sec. 402. Personal services contracting program.

Sec. 403. Technical amendment relating to civil immunity for Broadcasting Board of Governors members.

Title V—Arms Export Control Act Amendments and Related Provisions

Subtitle A—General Provisions

Sec. 501. Authority to transfer excess defense articles.

Sec. 502. Annual military assistance report.

Sec. 503. Annual report on foreign military training.

Sec. 504. Increased flexibility for use of defense trade control registration fees.

Sec. 505. Increase in congressional notification thresholds.

Sec. 506. Return of defense articles.

Sec. 507. Annual estimate and justification for sales program.

Sec. 508. Updating and conforming penalties for violations of sections 38 and 39 of the Arms Export Control Act.

Sec. 509. Clarification of prohibitions relating to state sponsors of terrorism and their nationals.

Sec. 510. Exemption for transactions with countries supporting acts of international terrorism.

Sec. 511. Report on Foreign Military Financing program.

Sec. 512. Congressional notification of regulations and amendments to regulations under section 38 of the Arms Export Control Act.

Sec. 513. Diplomatic efforts to strengthen national and international arms export controls.

Sec. 514. Review and report of investigations of violations of section 3 of the Arms Export Control Act.

Sec. 515. Reports on commercial and governmental military exports under the Arms Export Control Act; congressional actions.

Subtitle B—Miscellaneous Provisions

Sec. 521. Treatment of militarily insignificant parts and components.

Sec. 522. Special export licensing for United States allies.

Sec. 523. Improving and streamlining licensing under United States Government arms export control programs.

Sec. 524. Authority to remove satellites and related components from the United States Munitions List.

Sec. 525. Report on licenses and other authorizations to export commercial satellites and related components and technology contained on the Commerce Control List.

Sec. 526. Review of United States Munitions List.

Sec. 527. Report on country exemptions for licensing of exports of munitions and related technical data.

Sec. 528. End-use monitoring of munitions.

Sec. 529. Definitions.

3.

Appropriate congressional committees defined

Except as otherwise provided in this Act, the term appropriate congressional committees means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate.

I

Authorization of Appropriations

101.

Administration of foreign affairs

The following amounts are authorized to be appropriated for the Department of State under Administration of Foreign Affairs to carry out the authorities, functions, duties, and responsibilities in the conduct of foreign affairs of the United States, and for other purposes authorized by law:

(1)

Diplomatic and Consular Programs

For Diplomatic and Consular Programs, $8,983,778,000 for fiscal year 2013.

(A)

Worldwide security protection

Of such amounts, not less than $1,591,201,000 is authorized to be appropriated for worldwide security protection.

(B)

Bureau of Democracy, Human Rights, and Labor

Of such amounts, not less than $24,147,000 for fiscal year 2013 is authorized to be appropriated for the Bureau of Democracy, Human Rights and Labor.

(C)

Overseas comparability pay limitation

None of such amounts are authorized to be used to pay a locality-based comparability payment (stated as a percentage) greater than two-thirds of the comparability payment (stated as a percentage) applicable to the District of Columbia locality under section 5304 of title 5, United States Code, to any member of the Foreign Service designated class 1 or below for purposes of section 403 of the Foreign Service Act of 1980 (22 U.S.C. 3963) whose official duty station is not in the continental United States or in a non-foreign area, as defined in section 591.205 of title 5, Code of Federal Regulations.

(2)

Capital Investment Fund

For Capital Investment Fund, $59,380,000 for fiscal year 2013.

(3)

Embassy Security, Construction and Maintenance

For Embassy Security, Construction and Maintenance, $1,570,000,000 for fiscal year 2013.

(4)

Educational and Cultural Exchange Programs

For Educational and Cultural Exchange Programs, $598,800,000 for fiscal year 2013.

(5)

Conflict Stabilization Operations

(A)

In general

For Conflict Stabilization Operations, $8,500,000 for fiscal year 2013.

(B)

Transfer

Subject to subparagraph (C) of this paragraph, of the amount authorized to be appropriated pursuant to paragraph (1), up to $35,000,000 is authorized to be transferred to, and merged with, the amount specified in subparagraph (A) of this paragraph.

(C)

Notification

If the Secretary of State exercises the transfer authority described in subparagraph (B), the Secretary shall notify the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(6)

Representation Allowances

For Representation Allowances, $7,300,000 for fiscal year 2013.

(7)

Protection of Foreign Missions and Officials

For Protection of Foreign Missions and Officials, $27,000,000 for fiscal year 2013.

(8)

Emergencies in the Diplomatic and Consular Service

For Emergencies in the Diplomatic and Consular Service, $9,300,000 for fiscal year 2013.

(9)

Repatriation Loans

For Repatriation Loans, $1,447,000 for fiscal year 2013.

(10)

Payment to the American Institute in Taiwan

(A)

In general

For Payment to the American Institute in Taiwan, $21,108,000 for fiscal year 2013.

(B)

Transfer

Subject to subparagraph (C) of this paragraph, of the amount authorized to be appropriated pursuant to paragraph (1), up to $15,300,000 is authorized to be transferred to, and merged with, the amount specified in subparagraph (A) of this paragraph.

(C)

Notification

If the Secretary of State exercises the transfer authority described in subparagraph (B), the Secretary shall notify the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(11)

Office of the Inspector General

For Office of the Inspector General, $129,086,000 for fiscal year 2013, including for the Special Inspector General for Iraq Reconstruction and the Special Inspector General for Afghanistan Reconstruction, notwithstanding section 209(a)(1) of the Foreign Service Act of 1980 (22 U.S.C. 3929(a)(1)) as such section relates to the inspection of the administration of activities and operations of each Foreign Service post.

102.

Contributions to International Organizations

There are authorized to be appropriated for Contributions to International Organizations, $1,551,000,000 for fiscal year 2013, for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such purposes.

103.

Contributions for International Peacekeeping Activities

There are authorized to be appropriated for Contributions for International Peacekeeping Activities, $1,828,182,000 for fiscal year 2013 for the Department of State to carry out the authorities, functions, duties, and responsibilities of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes.

104.

International Commissions

The following amounts are authorized to be appropriated under International Commissions for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law:

(1)

International Boundary and Water Commission, United States and Mexico

For International Boundary and Water Commission, United States and Mexico

(A)

for Salaries and Expenses, $44,722,000 for fiscal year 2013; and

(B)

for Construction, $31,453,000 for fiscal year 2013.

(2)

International Boundary Commission, United States and Canada

For International Boundary Commission, United States and Canada, $2,279,000 for fiscal year 2013.

(3)

International Joint Commission

For International Joint Commission, $7,012,000 for fiscal year 2013.

(4)

International Fisheries Commissions

For International Fisheries Commissions, $36,300,000 for fiscal year 2013.

(5)

Border Environment Cooperation Commission

For Border Environment Cooperation Commission, $2,396,000 for fiscal year 2013.

105.

Peace Corps

There are authorized to be appropriated for the Peace Corps $375,000,000 for fiscal year 2013, of which not less than $5,150,000 is authorized to be appropriated for the Office of the Inspector General of the Peace Corps.

106.

National Endowment for Democracy

There are authorized to be appropriated for the National Endowment for Democracy for authorized activities $122,764,000 for fiscal year 2013.

II

Department of State Authorities and Activities

A

Basic Authorities and Activities

201.

International Litigation Fund

Paragraph (3) of section 38(d) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710(d)) is amended by striking by the Department of State from another agency of the United States Government or pursuant to and inserting by the Department of State as a result of a decision of an international tribunal, from another agency of the United States Government, or pursuant to.

202.

Actuarial valuations

The Foreign Service Act of 1980 is amended—

(1)

in section 818 (22 U.S.C. 4058)—

(A)

in the first sentence, by striking Secretary of the Treasury and inserting Secretary of State; and

(B)

by amending the second sentence to read as follows: The Secretary of State is authorized to expend from money to the credit of the Fund such sums as may be necessary to administer the provisions of this subchapter, including actuarial advice, but only to the extent and in such amounts as are provided in advance in appropriations Acts.;

(2)

in section 819 (22 U.S.C. 4059), in the first sentence, by striking Secretary of the Treasury the second place it appears and inserting Secretary of State;

(3)

in section 825(b) (22 U.S.C. 4065(b)), by striking Secretary of the Treasury and inserting Secretary of State; and

(4)

section 859(c) (22 U.S.C. 4071h(c))—

(A)

by striking Secretary of the Treasury and inserting Secretary of State; and

(B)

by striking and shall advise the Secretary of State of and inserting that will provide.

203.

Special agents

(a)

In general

Paragraph (1) of section 37(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as follows:

(1)

conduct investigations concerning—

(A)

illegal passport or visa issuance or use;

(B)

identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State; and

(C)

Federal offenses committed within the special maritime and territorial jurisdiction of the United States as defined in paragraph (9) of section 7 of title 18, United States Code, except as that jurisdiction relates to the premises of United States military missions and related residences;

.

(b)

Rule of construction

Nothing in paragraph (1) of section 37(a) the State Department Basic Authorities Act of 1956 (as amended by subsection (a) of this section) shall be construed to limit the investigative authority of any other Federal department or agency.

204.

Diplomatic security program contracting

Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is amended—

(1)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking With respect and inserting Except as provided in subsection (d), with respect; and

(B)

in paragraph (3), by striking subsection (d) and inserting subsection (e);

(2)

by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively;

(3)

by inserting after subsection (c) the following new subsection:

(d)

Award of local guard and protective service contracts in high risk areas

With respect to local guard contracts for Foreign Service buildings located in high risk areas which exceed $250,000, the Secretary of State shall—

(1)

comply with paragraphs (1), (2), (4), (5), and (6) of subsection (c) in the award of such contracts;

(2)

in evaluating proposals for such contracts, award contracts to the firm representing the best value to the Government in accordance with the best value tradeoff process described in subpart 15.1 of the Federal Acquisition Regulation (48 C.F.R. 15.101–1); and

(3)

ensure that in all contracts awarded under this subsection, contractor personnel providing local guard or protective services are classified as—

(A)

employees of the offeror;

(B)

if the offeror is a joint venture, as the employees of one of the persons or parties constituting the joint venture; or

(C)

as employees of a subcontractor to the offeror, and not as independent contractors to the offeror or any other entity performing under such contracts.

; and

(4)

in subsection (e), as redesignated by paragraph (2) of this section—

(A)

in paragraph (3), by striking and at the end;

(B)

in paragraph (4), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(5)

the term high risk areas means—

(A)

an area subject to a contingency operation as defined in section 101(a)(13) of title 10, United States Code; or

(B)

an area determined by the Assistant Secretary of Diplomatic Security to present an increased threat of serious damage or harm to United States diplomatic facilities or personnel.

.

205.

Accountability review boards

Paragraph (3) of section 301(a) of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)) is amended—

(1)

by striking the heading and inserting Facilities in high-risk areas; and

(2)

in subparagraph (A)—

(A)

by amending clause (i) to read as follows:

(i)

involves serious injury, loss of life, or significant destruction of property at, or related to, a United States Government mission in an area subject to a contingency operation (as defined in section 101(a)(13) of title 10, United States Code), or in an area previously determined by the Assistant Secretary of State for Diplomatic Security to present an increased threat of serious damage or harm to United States diplomatic facilities or personnel; and

; and

(B)

in clause (ii), by striking 2009 and inserting 2015.

206.

Physical security of certain soft targets

Section 29 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2701) is amended, in the third sentence, by inserting physical security enhancements and after may include.

207.

Rewards program update and technical corrections

(a)

Enhanced authority

Section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended—

(1)

in subsection (a)(2), by inserting serious violations of international humanitarian law, transnational organized crime, after international narcotics trafficking,;

(2)

in subsection (b)—

(A)

in the matter preceding paragraph (1), by striking Attorney General and inserting heads of other relevant departments or agencies;

(B)

in paragraphs (4) and (5), by striking paragraph (1), (2), or (3) each place it appears and inserting paragraph (1), (2), (3), (8), or (9);

(C)

in paragraph (6)—

(i)

by inserting or transnational organized crime group after terrorist organization; and

(ii)

by striking or at the end;

(D)

in paragraph (7)—

(i)

in the matter preceding subparagraph (A), by striking , including the use by the organization of illicit narcotics production or international narcotics trafficking and inserting or transnational organized crime group, including the use by such organization or group of illicit narcotics production or international narcotics trafficking;

(ii)

in subparagraph (A), by inserting or transnational organized crime after international terrorism; and

(iii)

in subparagraph (B)—

(I)

by inserting or transnational organized crime group after terrorist organization; and

(II)

by striking the period at the end and inserting a semicolon; and

(E)

by adding at the end the following new paragraphs:

(8)

the arrest or conviction in any country of any individual for participating in, primarily outside the United States, transnational organized crime;

(9)

the arrest or conviction in any country of any individual conspiring to participate in or attempting to participate in transnational organized crime; or

(10)

the arrest or conviction in any country, or the transfer to or conviction by an international criminal tribunal (including a hybrid or mixed tribunal), of any foreign national accused of war crimes, crimes against humanity, or genocide, as defined under the statute of such tribunal.

; and

(3)

in subsection (k)—

(A)

by redesignating paragraphs (5) and (6) as paragraphs (7) and (8), respectively; and

(B)

by inserting after paragraph (4) the following new paragraphs:

(5)

Transnational organized crime

The term transnational organized crime means—

(A)

racketeering activity (as such term is defined in section 1961 of title 18, United States Code) that involves at least one jurisdiction outside the United States; or

(B)

any other criminal offense punishable by a term of imprisonment of at least four years under Federal, State, or local law that involves at least one jurisdiction outside the United States and that is intended to obtain, directly or indirectly, a financial or other material benefit.

(6)

Transnational organized crime group

The term transnational organized crime group means a group of persons that includes one or more citizens of a foreign country, exists for a period of time, and acts in concert with the aim of engaging in transnational organized crime.

.

(b)

Advance notification for international criminal tribunal rewards

Section 36(g) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(g)) is amended by adding at the end the following new paragraph:

(3)

Advance notification for international criminal tribunal rewards

Not less than 15 days before publicly announcing that a reward may be offered for the arrest or conviction in any country, or the transfer to or conviction by an international criminal tribunal (including a hybrid or mixed tribunal), of a foreign national accused of war crimes, crimes against humanity, or genocide (as defined under the statute of such tribunal), the Secretary shall submit to the appropriate congressional committees a report, which may be submitted in classified form if necessary, specifying the reasons why such arrest or conviction or transfer of such foreign national is in the national interests of the United States.

.

(c)

Enhancing publicity of rewards information

The Department of State and the Broadcasting Board of Governors shall make themselves available to the appropriate congressional committees for period briefings on their cooperative efforts to publicize rewards authorized under section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708).

(d)

Technical correction

Section 36(e)(1) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708) is amended by striking The Secretary shall authorize a reward of $50,000,000 for the capture or death or information leading to the capture or death of Osama bin Laden..

(e)

Rule of construction

Nothing in this section shall be construed as authorizing the use of activity precluded under the American Servicemembers’ Protection Act of 2002 (Public Law 107–206).

(f)

Funding

To carry out this section, the Secretary of State shall use amounts appropriated or otherwise made available to the Emergencies in the Diplomatic and Consular Service account of the Department of State.

208.

Cybersecurity efforts of the Department of State

(a)

Coordinator for Cyber Issues of the Department of State

(1)

In general

The Secretary of State is authorized to establish within the office of the Secretary of State a Coordinator for Cyber Issues (in this section referred to as the Coordinator), who shall be appointed by the President, by and with the advice and consent of the Senate.

(2)

Principal duties

The Coordinator should—

(A)

be the principal official within the senior management of the Department responsible for cyberspace and cybersecurity issues;

(B)

be the principal advisor to the Secretary of State on international cyberspace and cybersecurity issues;

(C)

report directly to the Secretary;

(D)

perform such duties and exercise such powers as the Secretary shall prescribe; and

(E)

coordinate United States cyberspace and cybersecurity policy in each country or region that the Secretary considers significant with respect to efforts of the United States Government to enhance cybersecurity globally.

(3)

Additional duties

In addition to the duties described in paragraph (2), the Coordinator should—

(A)

provide strategic direction and coordination for United States Government policy and programs aimed at addressing and responding to cyberspace and cybersecurity issues overseas, especially in relation to issues that affect United States foreign policy and related national security concerns;

(B)

coordinate with relevant Federal departments and agencies, including the Department of Homeland Security, the Department of Defense, the Department of the Treasury, the Department of Justice, the Department of Commerce, and the intelligence community, to develop interagency plans regarding international cyberspace and cybersecurity issues;

(C)

conduct internal exercises for the Department of State to plan for responses to a cyber attack;

(D)

provide a focal point for the private sector to coordinate on international cyberspace and cybersecurity issues; and

(E)

build multilateral cooperation to develop international norms, common policies, and responses to secure the integrity of cyberspace.

(4)

Rank and status of ambassador

The Coordinator should have the rank and status of Ambassador-at-Large.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and Committee on Foreign Relations of the Senate a report that includes the following:

(1)

A description of the Department of State’s internal cybersecurity efforts, including the following:

(A)

A description of the nature and scope of major incidents of cybercrime against the Department of State.

(B)

A description of action taken to ensure that all individuals trained by the Department of State are adequately prepared to detect and respond to existing and foreseeable vulnerabilities in the Department’s information security.

(C)

An assessment of whether the Department of State’s staffing levels, facilities, financial resources, and technological equipment are sufficient to provide effective cybersecurity training and protection against incidents of cybercrime.

(D)

A description of action taken to develop and implement response plans to mitigate and isolate disruption caused by incidents of cybercrime.

(E)

A description of action taken to enhance cooperation on cybersecurity issues with other Federal departments and agencies.

(F)

A description of any deployments of interagency teams from the Department of State, the United States Agency for International Development, and other Federal departments and agencies that have been deployed to foreign countries to respond to incidents of cybercrime.

(2)

A description of the actions that the Department of State is taking to work with other countries and international organizations to strengthen cooperative efforts to—

(A)

combat cybercrime and enhance information security;

(B)

pressure countries identified as countries of cybersecurity concern under subsection (c) to take effective action to end incidents of cybercrime; and

(C)

assist cybersecurity capacity-building in less developed countries.

(c)

List of countries of cybersecurity concern

(1)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall determine if a country is a country of cybersecurity concern if the Secretary of State finds that with respect to such a country—

(A)

during the two-year period preceding the date of the Secretary of State’s determination, there is significant credible evidence that there has been a pattern of incidents of cybercrime—

(i)

against the United States Government or United States persons, or that disrupt United States electronic commerce or otherwise negatively impact the trade or intellectual property interests of the United States; and

(ii)

that are attributable to persons or property based in such country; and

(B)

the government of such country has demonstrated a pattern of being uncooperative with efforts to combat cybercrime by—

(i)

failing to conduct its own reasonable criminal investigations, prosecutions, or other proceedings with respect to the incidents of cybercrime described in subparagraph (A);

(ii)

failing to cooperate with the United States, any other party to the Convention on Cybercrime, or INTERPOL, in criminal investigations, prosecutions, or other proceedings with respect to such incidents, in accordance with chapter III of the Convention on Cybercrime; or

(iii)

not adopting or implementing legislative or other measures in accordance with chapter II of the Convention on Cybercrime with respect to criminal offenses related to computer systems or computer data.

(2)

Submission of list

(A)

In general

Upon making the determinations under paragraph (1), the Secretary of State shall submit to the congressional committees specified in subsection (b) a list of—

(i)

each country that is a country of cybersecurity concern;

(ii)

the basis for each such determination; and

(iii)

any actions the Department of State is taking to address the concerns described in such paragraph.

(B)

Form

The Secretary of State may submit the list described in this paragraph (or any portion of such list) in classified form if the Secretary determines that such is appropriate.

(d)

Strategy for United States engagement on international cyber issues

(1)

In general

The Coordinator, in consultation with the heads of appropriate Federal departments and agencies with relevant technical expertise or policy mandates pertaining to cyberspace and cybersecurity issues, shall, not later than 180 days after the date of the enactment of this Act, develop and submit to congressional committees specified in subsection (b) a strategy to support the objective of promoting United States engagement on international cyber issues.

(2)

Contents

The strategy developed under paragraph (1) shall—

(A)

include—

(i)

efforts to be undertaken;

(ii)

specific and measurable goals;

(iii)

benchmarks and timeframes for defining short- and long-term objectives for United States cyberspace and cybersecurity policy; and

(iv)

progress made towards achieving the benchmarks and timeframes described in clause (iii); and

(B)

to the greatest extent practicable, draw upon the expertise of technology, security, and policy experts, private sector actors, international organizations, and other appropriate entities.

(3)

Components

The strategy developed under paragraph (1) should include—

(A)

assessments and reviews of existing strategies for international cyberspace and cybersecurity policy and engagement;

(B)

short- and long-term objectives for United States cyberspace and cybersecurity engagement; and

(C)

a description of programs, activities, and policies to foster United States Government collaboration and coordination with other countries and organizations to bolster an international framework of cyber norms, governance, and deterrence, including consideration of the utility of negotiating a multilateral framework to provide internationally acceptable principles to better mitigate cyberwarfare, including noncombatants.

(e)

Definitions

In this section:

(1)

Computer data

The term computer data means any representation of facts, information, or concepts in a form suitable for processing in a computer system, including a program suitable to cause a computer system to perform a function.

(2)

Computer systems

The term computer systems means any device or group of interconnected or related devices, one or more of which, pursuant to a program, performs automatic processing of data.

(3)

Convention on Cybercrime

The term Convention on Cybercrime refers to the Council of Europe Convention on Cybercrime, done at Budapest on November 23, 2001, as ratified by the United States Senate with any relevant reservations or declarations.

(4)

Cybercrime

The term cybercrime refers to criminal offenses relating to computer systems or computer data described in the Convention on Cybercrime.

(5)

Electronic commerce

The term electronic commerce has the meaning given such term in section 1105(3) of the Internet Tax Freedom Act (47 U.S.C. 151 note).

(6)

Information security

The term information security refers to—

(A)

the confidentiality, integrity, or availability of an information system, or the information such system processes, stores, or transmits; and

(B)

the security policies, security procedures, or acceptable use policies with respect to an information system.

(7)

INTERPOL

The term INTERPOL means the International Criminal Police Organization.

(8)

United States person

The term United States person means—

(A)

a United States citizen or an alien lawfully admitted for permanent residence to the United States; or

(B)

an entity organized under the laws of the United States, or of any jurisdiction within the United States.

209.

Center for Strategic Counterterrorism Communications of the Department of State

(a)

Statement of policy

As articulated in Executive Order 13584, issued on September 9, 2011, it is the policy of the United States to actively counter the actions and ideologies of al-Qa’ida, its affiliates and adherents, other terrorist organizations, and violent extremists overseas that threaten the interests and national security of the United States.

(b)

Establishment of Center for Strategic Counterterrorism Communications

There is authorized to be established within the Department of State, under the direction of the Secretary of State, the Center for Strategic Counterterrorism Communications (in this section referred to as the CSCC).

(c)

Mission

The CSCC should coordinate, orient, and inform government-wide public communications activities directed at audiences abroad and targeted against violent extremists and terrorist organizations, especially al-Qa’ida and its affiliates and adherents.

(d)

Coordinator of the Center for Strategic Counterterrorism Communications

The head of the CSCC should be the Coordinator. The Coordinator of the CSCC should—

(1)

report to the Under Secretary for Public Diplomacy and Public Affairs; and

(2)

collaborate with the Bureau of Counterterrorism of the Department of State, other Department bureaus, and other United States Government agencies.

(e)

Duties

The CSCC should—

(1)

monitor and evaluate extremist narratives and events abroad that are relevant to the development of a United States strategic counterterrorism narrative designed to counter violent extremism and terrorism that threaten the interests and national security of the United States;

(2)

develop and promulgate for use throughout the executive branch United States strategic counterterrorism narrative developed in accordance with paragraph (1), and public communications strategies to counter the messaging of violent extremists and terrorist organizations, especially al-Qa’ida and its affiliates and adherents;

(3)

identify current and emerging trends in extremist communications and communications by al-Qa’ida and its affiliates and adherents in order to coordinate and provide guidance to the United States Government regarding how best to proactively promote a United States strategic counterterrorism narrative developed in accordance with paragraph (1) and related policies, and to respond to and rebut extremist messaging and narratives when communicating to audiences outside the United States;

(4)

facilitate the use of a wide range of communications technologies by sharing expertise and best practices among United States Government and non-government sources;

(5)

identify and request relevant information from United States Government agencies, including intelligence reporting, data, and analysis; and

(6)

identify shortfalls in United States capabilities in any areas relevant to the CSCC’s mission, and recommend necessary enhancements or changes.

(f)

Steering Committee

(1)

In general

The Secretary of State should establish a Steering Committee composed of senior representatives of United States Government agencies relevant to the CSCC’s mission to provide advice to the Secretary on the operations and strategic orientation of the CSCC and to ensure adequate support for the CSCC.

(2)

Meetings

The Steering Committee should meet not less often than once every six months.

(3)

Leadership

The Steering Committee should be chaired by the Under Secretary of State for Public Diplomacy. The Coordinator for Counterterrorism of the Department of State should serve as Vice Chair. The Coordinator of the CSCC should serve as Executive Secretary.

(4)

Composition

(A)

In general

The Steering Committee should include one senior representative designated by the head of each of the following agencies:

(i)

The Department of Defense.

(ii)

The Department of Justice.

(iii)

The Department of Homeland Security.

(iv)

The Department of the Treasury.

(v)

The National Counterterrorism Center of the Office of the Director of National Intelligence.

(vi)

The Joint Chiefs of Staff.

(vii)

The Counterterrorism Center of the Central Intelligence Agency.

(viii)

The Broadcasting Board of Governors.

(ix)

The Agency for International Development.

(B)

Additional representation

Representatives from United States Government agencies not specified in subparagraph (A) may be invited to participate in the Steering Committee at the discretion of the Chair.

B

Consular Services and Related Matters

211.

Extension of authority to assess passport surcharge

Paragraph (2) of section 1(b) of the Act of June 4, 1920 (41 Stat. 750; chapter 223; 22 U.S.C. 214(b)), is amended by striking 2010 and inserting 2015.

212.

Border crossing card fee for minors

Section 410(a)(1)(A) of the Department of State and Related Agencies Appropriations Act, 1999 (contained in division A of Public Law 105–277) is amended by striking a fee of $13 and inserting a fee equal to one-half the fee that would otherwise apply for processing a machine readable combined border crossing identification card and nonimmigrant visa.

C

Reporting Requirements

221.

Reporting reform

The following provisions of law are repealed:

(1)

Subsections (c)(4) and (c)(5) of section 601 of Public Law 96–465.

(2)

Section 585 in the matter under section 101(c) of division A of Public Law 104–208.

(3)

Section 11(b) of Public Law 107–245.

III

Organization and Personnel Authorities

301.

Suspension of Foreign Service members without pay

(a)

Suspension

Section 610 of the Foreign Service Act of 1980 (22 U.S.C. 4010) is amended by adding at the end the following new subsection:

(c)
(1)

In order to promote the efficiency of the Service, the Secretary may suspend a member of the Foreign Service without pay when the member’s security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.

(2)

Any member of the Foreign Service for whom a suspension is proposed in accordance with paragraph (1) shall be entitled to—

(A)

written notice stating the specific reasons for the proposed suspension;

(B)

a reasonable time to respond orally and in writing to the proposed suspension;

(C)

representation by an attorney or other representative; and

(D)

a final written decision, including the specific reasons for such decision, as soon as practicable.

(3)

Any member suspended under this section may file a grievance in accordance with the procedures applicable to grievances under chapter 11.

(4)

In the case of a grievance filed under paragraph (3)—

(A)

the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; and

(B)

the Foreign Service Grievance Board may not exercise the authority provided under section 1106(8).

(5)

In this subsection:

(A)

The term reasonable time means—

(i)

with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and

(ii)

with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension.

(B)

The term suspend or suspension means the placing of a member of the Foreign Service in a temporary status without duties and pay.

.

(b)

Conforming and clerical amendments

(1)

Amendment of section heading

Section 610 of the Foreign Service Act of 1980, as amended by subsection (a) of this section, is further amended, in the section heading, by inserting ; Suspension before the period at the end.

(2)

Clerical amendment

The item relating to section 610 in the table of contents in section 2 of the Foreign Service Act of 1980 is amended to read as follows:

Sec. 610. Separation for cause; suspension.

.

302.

Repeal of recertification requirement for Senior Foreign Service

Section 305(d) of the Foreign Service Act of 1980 (22 U.S.C. 3945(d)) is repealed.

303.

Limited appointments in the Foreign Service

Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949) is amended—

(1)

in subsection (a), by striking subsection (b) and inserting subsections (b) or (c);

(2)

in subsection (b)—

(A)

in paragraph (3)—

(i)

by inserting (A), after if; and

(ii)

by inserting before the semicolon at the end the following: , or (B), the career candidate is serving in the uniformed services, as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994 (38 U.S.C. 4301 et seq.), and the limited appointment expires in the course of such service;

(B)

in paragraph (4), by striking and at the end;

(C)

in paragraph (5), by striking the period at the end and inserting ; and; and

(D)

by adding after paragraph (5) the following new paragraph:

(6)

in exceptional circumstances where the Secretary determines the needs of the Service require the extension of a limited appointment (A), for a period of time not to exceed 12 months (if such period of time does not permit additional review by boards under section 306), or (B), for the minimum time needed to settle a grievance, claim, or complaint not otherwise provided for in this section.

; and

(3)

by adding at the end the following new subsection:

(c)

Non-career Foreign Service employees who have served five consecutive years under a limited appointment may be reappointed to a subsequent limited appointment if there is a one year break in service between each such appointment. The Secretary may in cases of special need waive the requirement for a one year break in service.

.

304.

Limitation of compensatory time off for travel

Section 5550b of title 5, United States Code, is amended by adding at the end the following new subsection:

(c)

The maximum amount of compensatory time off earned under this section may not exceed 104 hours during any leave year (as defined by regulations established by the Office of Personnel Management).

.

305.

Department of State organization

The Secretary of State may, after consultation with the appropriate congressional committees, transfer to such other officials or offices of the Department of State as the Secretary may determine from time to time any authority, duty, or function assigned by statute to the Coordinator for Counterterrorism, the Coordinator for Reconstruction and Stabilization, or the Coordinator for International Energy Affairs.

306.

Reemployment of annuitants in high-risk posts

Subparagraph 2(A) of section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)(2)(A)) is amended by striking 2010 and inserting 2013.

307.

Overseas Foreign Service pay

Subject to the limitation described in section 101(1)(C) of this Act, the authority provided by section 1113 of the Public Law 111–32, shall remain in effect through September 30, 2013.

IV

United States International Broadcasting

401.

Authorization of appropriations for international broadcasting

The following amounts are authorized to be appropriated to carry out United States international broadcasting activities under the United States Information and Educational Exchange Act of 1948, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the United States International Broadcasting Act of 1994, and the Foreign Affairs Reform and Restructuring Act of 1998, and to carry out other authorities in law consistent with such purposes:

(1)

For International Broadcasting Operations, $744,500,000 for fiscal year 2013.

(2)

For Broadcasting Capital Improvements, $7,030,000 for fiscal year 2013.

402.

Personal services contracting program

Section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 6206 note), is amended by striking 2009 and inserting 2015.

403.

Technical amendment relating to civil immunity for Broadcasting Board of Governors members

Section 304(g) of the United States International Broadcasting Act of 1994 (22 U.S.C. 6203(g)) is amended by striking Incorporated and Radio Free Asia and inserting Incorporated, Radio Free Asia, and Middle East Broadcasting Networks.

V

Arms Export Control Act Amendments and Related Provisions

A

General Provisions

501.

Authority to transfer excess defense articles

Section 516(g)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(g)(1)) is amended—

(1)

by inserting authorized to be before transferred; and

(2)

by striking 425,000,000 and inserting 450,000,000.

502.

Annual military assistance report

(a)

Information relating to military assistance and military exports

Section 655(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)) is amended—

(1)

in the matter preceding paragraph (1), by striking whether such defense articles— and inserting the following:;

(2)

in paragraph (1)—

(A)

by inserting Whether such defense articles before were; and

(B)

by striking the semicolon at the end and inserting a period;

(3)

in paragraph (2)—

(A)

by inserting Whether such defense articles before were; and

(B)

by striking ; or at the end and inserting a period; and

(4)

by striking paragraph (3) and inserting the following:

(3)

Whether such defense articles were exported without a license under section 38 of the Arms Export Control Act pursuant to an exemption established under the International Traffic in Arms Regulations, other than defense articles exported in furtherance of a letter of offer and acceptance under the Foreign Military Sales program or a technical assistance or manufacturing license agreement, including the specific exemption in the regulation under which the export was made.

(4)

A detailed listing, by United States Munitions List category and sub-category, as well as by country and by international organization, of the actual total dollar value of major defense equipment and defense articles delivered pursuant to licenses authorized under section 38 of the Arms Export Control Act for the previous fiscal year.

(5)

In the case of defense articles that are firearms controlled under category I of the United States Munitions List, a statement of the aggregate dollar value and quantity of semiautomatic assault weapons, or spare parts for such weapons, the manufacture, transfer, or possession of which is unlawful under section 922 of title 18, United States Code, that were licensed for export during the period covered by the report.

.

(b)

Information not required

Section 655 of the Foreign Assistance Act of 1961 (22 U.S.C. 2415) is amended—

(1)

by redesignating subsection (c) as subsection (d); and

(2)

by inserting after subsection (b) the following:

(c)

Information not required

Each such report may exclude information relating to—

(1)

exports of defense articles (including excess defense articles), defense services, and international military education and training activities authorized by the United States on a temporary basis;

(2)

exports of such articles, services, and activities to United States Government end users located in foreign countries; and

(3)

and the value of manufacturing license agreements or technical assistance agreements licensed under section 38 of the Arms Export Control Act.

.

503.

Annual report on foreign military training

Section 656(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2416(a)(1)) is amended by striking January 31 and inserting March 1.

504.

Increased flexibility for use of defense trade control registration fees

(a)

In general

Section 45 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2717) is amended—

(1)

in the first sentence—

(A)

by striking For and inserting (a) In general.—For; and

(B)

by striking Office and inserting Directorate; and

(2)

by amending the second sentence to read as follows:

(b)

Availability of fees

Fees credited to the account referred to in subsection (a) shall be available only for payment of expenses incurred for—

(1)

management;

(2)

licensing;

(3)

compliance;

(4)

policy activities; and

(5)

public outreach.

.

(b)

Conforming amendment

Section 38(b)(3)(A) of the Arms Export Control Act (22 U.S.C. 2778(b)(3)(A)) is amended to read as follows:

(3)
(A)

For each fiscal year, 100 percent of registration fees collected pursuant to paragraph (1) shall be credited to a Department of State account, to be available without fiscal year limitation. Fees credited to that account shall be available only for the payment of expenses incurred for—

(i)

management;

(ii)

licensing;

(iii)

compliance;

(iv)

policy activities; and

(v)

public outreach.

.

505.

Increase in congressional notification thresholds

(a)

Foreign military sales

(1)

In general

Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended—

(A)

in the matter preceding subparagraph (A)—

(i)

by striking $50,000,000 and inserting $100,000,000;

(ii)

by striking $200,000,000 and inserting $300,000,000; and

(iii)

by striking $14,000,000 and inserting $25,000,000; and

(B)

in the matter following subparagraph (P)—

(i)

by inserting of any defense articles or defense services under this Act for $200,000,000 or more, any design and construction services for $300,000,000 or more, or any major defense equipment for $75,000,000 or more, after The letter of offer shall not be issued, with respect to a proposed sale; and

(ii)

by inserting of any defense articles or services under this Act for $100,000 or more, any design and construction services for $200,000,000 or more, or any major defense equipment for $50,000,000 or more, after or with respect to a proposed sale.

(2)

Technical and conforming amendments

Section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) is amended—

(A)

in paragraph (5)(C), by striking Subject to paragraph (6), if and inserting If; and

(B)

by striking paragraph (6).

(b)

Commercial sales

Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is amended—

(1)

in paragraph (1)—

(A)

by striking Subject to paragraph (5), in and inserting In;

(B)

by striking $14,000,000 and inserting $25,000,000; and

(C)

by striking $50,000,000 and inserting $100,000,000;

(2)

in paragraph (2)—

(A)

in subparagraph (A), by inserting after for an export the following: of any major defense equipment sold under a contract in the amount of $75,000,000 or more or of defense articles or defense services sold under a contract in the amount of $200,000,000 or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more); and

(B)

in subparagraph (C), by inserting after license the following: for an export of any major defense equipment sold under a contract in the amount of $50,000,000 or more or of defense articles or defense services sold under a contract in the amount of $100,000,000 or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more);

(3)

by striking paragraph (5); and

(4)

by redesignating paragraph (6) as paragraph (5).

506.

Return of defense articles

Section 21(m)(1)(B) of the Arms Export Control Act (22 U.S.C. 2761(m)(1)(B)) is amended by adding at the end before the semicolon the following: , unless the Secretary of State has provided prior approval of such retransfer.

507.

Annual estimate and justification for sales program

(a)

In general

Section 25(a)(1) of the Arms Export Control Act (22 U.S.C. 2765(a)(1)) is amended by striking , together with an indication of which sales and licensed commercial exports and inserting and.

(b)

Additional Amendment

Section 25(a)(3) of the Arms Export Control Act (22 U.S.C. 2765(a)(3)) is amended by adding at the end before the semicolon the following: , as well as any plan for regional security cooperation developed in consultation with Embassy Country Teams and the Department of State.

508.

Updating and conforming penalties for violations of sections 38 and 39 of the Arms Export Control Act

(a)

In general

Section 38(c) of the Arms Export Control Act (22 U.S.C. 2778(c)) is amended to read as follows:

(c)

Violations of this section and section 39

(1)

Unlawful acts

It shall be unlawful for any person to violate, attempt to violate, conspire to violate, or cause a violation of any provision of this section or section 39, or any rule or regulation issued under either section, or a treaty referred to in subsection (j)(1)(c)(i), including any rule or regulation issued to implement or enforce a treaty referred to in subsection (j)(1)(c)(i) or an implementing arrangement pursuant to such a treaty, or who, in a registration or license application or required report, 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 misleading.

(2)

Criminal penalties

A person who willfully commits an unlawful act described in paragraph (1) shall upon conviction—

(A)

be fined for each violation in an amount not to exceed $1,000,000, or

(B)

in the case of a natural person, imprisoned for not more than 20 years or both.

.

(b)

Mechanisms To identify violators

Section 38(g) of the Arms Export Control Act (22 U.S.C. 2778(g)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A)—

(i)

in the matter preceding clause (i), by inserting or have otherwise been charged with, after indictment for,;

(ii)

in clause (xi), by striking ; or at the end and inserting a comma;

(iii)

in clause (xii), by striking the semicolon at the end and inserting a comma; and

(iv)

by adding at the end the following:

(xiii)

section 542 of title 18, United States Code, relating to entry of goods by means of false statements,

(xiv)

section 554 of title 18, United States Code, relating to smuggling goods from the United States,

(xv)

section 1831 of title 18, United States Code, relating to economic espionage,

(xvi)

section 545 of title 18, United States Code, relating to smuggling goods into the United States,

(xvii)

section 104A of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–3), relating to prohibited foreign trade practices by persons other than issuers or domestic concerns,

(xviii)

section 2339B of title 18, United States Code, relating to providing material support or resources to dedicated foreign terrorist organizations, or

(xix)

sections 2339C and 2339D of title 18, United States Code, relating to financing terrorism and receiving terrorism training;

; and

(B)

in subparagraph (B), by inserting , have been otherwise charged, after indictment; and

(2)

in paragraph (3)(A), by inserting or otherwise charged with after indictment for.

(c)

Effective date

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to violations of sections 38 and 39 of the Arms Export Control Act committed on or after that date.

509.

Clarification of prohibitions relating to state sponsors of terrorism and their nationals

Section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)) is amended—

(1)

by inserting or to the nationals of that country whose substantive contacts with that country give reasonable grounds for raising risk of diversion, regardless of whether such persons maintain such nationality or the nationality of another country not covered by this section after with respect to a country; and

(2)

by adding at the end the following: For purposes of this subsection, the term national means an individual who acquired citizenship by birth from a country that is subject to section 126.1 of title 22, Code of Federal Regulations (or any successor regulations)..

510.

Exemption for transactions with countries supporting acts of international terrorism

Section 40(h) of the Arms Export Control Act (22 U.S.C. 2780(h)) is amended—

(1)

in the heading—

(A)

by striking Exemption and inserting Exemptions; and

(B)

by adding and certain federal law enforcement activities after Reporting requirements; and

(2)

by adding at the end before the period the following: or with respect to Federal law enforcement activities undertaken to further the investigation of violations of this Act.

511.

Report on Foreign Military Financing program

Section 23 of the Arms Export Control Act (22 U.S.C. 2763) is amended by adding at the end the following:

(i)

Report

(1)

In general

The President shall transmit to the appropriate congressional committees as part of the supporting materials of the annual congressional budget justification a report on the implementation of this section for the prior fiscal year.

(2)

Matters to be included

The report required under paragraph (1) shall include a description of the following:

(A)

The extent to which the use of the authority of this section is based on a well-formulated and realistic assessments of the capability requirements of foreign countries and international organizations.

(B)

The extent to which the provision of grants under the authority of this section are consistent with United States conventional arms transfer policy.

(C)

The extent to which the Department of State has developed and implemented specific plans to monitor and evaluate outcomes under the authority of this section, including at least one country or international organization assessment each fiscal year.

(3)

Appropriate congressional committees

In this subsection, the term appropriate congressional committees means—

(A)

the Committee on Appropriations and the Committee on Foreign Affairs of the House of Representatives; and

(B)

the Committee on Appropriations and the Committee on Foreign Relations of the Senate.

.

512.

Congressional notification of regulations and amendments to regulations under section 38 of the Arms Export Control Act

(a)

In general

Section 38 of the Arms Export Control Act (22 U.S.C. 2778) is amended by adding at the end the following:

(k)

Congressional notification

The President shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a copy of regulations or amendments to regulations issued to carry out this section at least 30 days before publication of the regulations or amendments in the Federal Register unless, after consulting with such Committees, the President determines that there is an emergency that requires a shorter period of time for submittal of such regulations or amendments.

.

(b)

Effective date

The amendment made by subsection (a) takes effect on the date of the enactment of this Act and applies with respect the issuance of regulations or amendments to regulations made on or after the date of the enactment of this Act.

513.

Diplomatic efforts to strengthen national and international arms export controls

Not later than one year after the date of the enactment of this Act, and annually thereafter for 4 years, the President shall transmit to the appropriate congressional committees a report on United States diplomatic efforts to strengthen national and international arms export controls, including a detailed description of any senior-level initiative, to ensure that those arms export controls are comparable to and supportive of United States arms export controls, particularly with respect to countries of concern to the United States.

514.

Review and report of investigations of violations of section 3 of the Arms Export Control Act

(a)

Review

The Inspector General of the Department of State shall conduct a review of investigations by the Department of State during each of fiscal years 2013 through 2017 of any and all possible violations of section 3 of the Arms Export Control Act (22 U.S.C. 2753) with respect to misuse of United States-origin defense items to determine whether the Department of State has fully complied with the requirements of such section, as well as its own internal procedures (and whether such procedures are adequate), for reporting to Congress any information regarding the unlawful use or transfer of United States-origin defense articles, defense services, and technology by foreign countries, as required by such section.

(b)

Report

The Inspector General of the Department of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate for each of fiscal years 2013 through 2017 a report that contains the findings and results of the review conducted under subsection (a). The report shall be submitted in unclassified form to the maximum extent possible, but may include a classified annex.

515.

Reports on commercial and governmental military exports under the Arms Export Control Act; congressional actions

(a)

Congressional consultation

(1)

Government sales

Section 36(b)(1) of the Arms Export Control Act (22 U.S.C. 2776(b)(1)) is amended by adding at the end the following: The President shall consult fully and completely with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate before submitting a certification under this subsection..

(2)

Commercial sales

Section 36(c)(1) of the Arms Export Control Act (22 U.S.C. 2776(c)(1)) is amended by adding at the end the following: The President shall consult fully and completely with the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate before submitting a certification under this subsection..

(b)

Requirement To provide advance notification and consultation on certain sales and exports

Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended by adding at the end the following new subsection:

(i)
(1)
(A)

Not later than 60 calendar days prior to the submission of a certification under subsection (b), (c), or (d) of this section, the President shall provide advance notification in writing to, and consult with, the chairs and ranking minority members of the appropriate congressional committees of the offer to sell or export the defense articles or defense services with respect to which such a certification is required to be submitted pursuant to any such subsection.

(B)
(i)

The requirement of subparagraph (A) to provide 60 calendar days advance notification in writing to the chairs and ranking minority members of the appropriate congressional committees shall not apply if the chairs and ranking minority members of the appropriate congressional committees have agreed, at their discretion, to waive such requirement.

(ii)

The requirements of subparagraph (A) shall not apply if the President states in the certification that an emergency exists that requires the sale or export of defense articles or defense services to be in the national security interests of the United States in accordance with subsection (b), (c), or (d) of this section.

(2)
(A)

A certification submitted under subsection (b), (c), or (d) of this section shall be subject to the procedures applicable to reprogramming notifications under section 634A(a) of the Foreign Assistance Act of 1961.

(B)

The requirement of subparagraph (A) shall not apply if the President transmits to the chairs and ranking minority members of the appropriate congressional committees a report in writing that contains a determination of the President that extraordinary circumstances exist which necessitates the obviation of such requirement and a detailed description of such circumstances.

.

(c)

Definition

Section 36(e) of the Arms Export Control Act (22 U.S.C. 2776(e)) is amended—

(1)

by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and

(2)

by inserting before paragraph (2) (as redesignated) the following new paragraph:

(1)

the term appropriate congressional committee means—

(A)

the Committee on Foreign Affairs of the House of Representatives; and

(B)

the Committee on Foreign Relations of the Senate;

.

(d)

Conforming amendments

Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended—

(1)

in subsections (a), (b)(1), (c)(1), and (f), by striking Speaker of the House of Representatives and to the chairman of the Committee on Foreign Relations of the Senate and inserting chairs of the appropriate congressional committees;

(2)

in subsection (b)—

(A)

in paragraph (1), by striking such committee or the Committee on Foreign Affairs of the House of Representatives and inserting either chair of the appropriate congressional committees;

(B)

in paragraph (4), by striking Congress and inserting chairs of the appropriate congressional committees; and

(C)

in paragraph (5)—

(i)

in subparagraph (A), by striking chairman of the Committee on Foreign Affairs of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate and inserting chairs of the appropriate congressional committees;

(ii)

in subparagraph (B), by striking Congress and inserting chairs of the appropriate congressional committees; and

(iii)

in subparagraph (C), by striking Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate and inserting chairs of the appropriate congressional committees; and

(3)

in subsection (c)—

(A)

in paragraph (1), by striking such committee or the Committee on Foreign Affairs of the House of Representatives and inserting either chair of the appropriate congressional committees;

(B)

in subparagraphs (A) and (C) of paragraph (2), by striking Congress receives and inserting chairs of the appropriate congressional committees receive; and

(C)

in paragraph (4), by striking Congress each place it appears and inserting the chairs of the appropriate congressional committees.

B

Miscellaneous Provisions

521.

Treatment of militarily insignificant parts and components

It shall be the policy of the United States, pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C. 2778) to prioritize the removal of those militarily insignificant parts, components, accessories, and attachments from the United States Munitions List that, even if specifically designed for a defense article controlled on the United States Munitions List, would warrant no more than anti-terrorism controls under the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act) or any successor Act.

522.

Special export licensing for United States allies

Section 38 of the Arms Export Control Act (22 U.S.C. 2778), as amended by this Act, is further amended by adding the following new subsection:

(l)

Special export licensing for United States allies

The President may establish special licensing procedures for the export of replacement components, parts, accessories, attachments, equipment, firmware, software or technology that are not designated as major defense equipment or significant military equipment to the North Atlantic Treaty Organization, any member country of that Organization, or any other country described in section 36(c)(2)(A) of this Act.

.

523.

Improving and streamlining licensing under United States Government arms export control programs

In implementing reforms of United States arms export control programs, the President should prioritize the development of a new framework to improve and streamline licensing under such programs, including by seeking to revise the Special Comprehensive Export Authorizations for the North Atlantic Treaty Organization, any member country of that Organization, or any other country described in section 36(c)(2)(A) of the Arms Export Control Act (22 U.S.C. 2776(c)(2)(A)) under section 126.14 of title 15, Code of Federal Regulations (relating to the International Traffic in Arms Regulations).

524.

Authority to remove satellites and related components from the United States Munitions List

(a)

Authority

Subject to subsection (b), the President is authorized to remove commercial satellites and related components and technology from the United States Munitions List pursuant to section 38(f) of the Arms Export Control Act (22 U.S.C. 2778(f)).

(b)

Determination

The President may exercise the authority provided in subsection (a) only if the President submits to the appropriate congressional committees a determination that the transfer of commercial satellites and related components and technology from the United States Munitions List does not pose an unacceptable risk to the national security of the United States. Such determination shall include a description of the risk-mitigating controls, procedures, and safeguards the President will put in place to reduce such risk to an absolute minimum.

(c)

Prohibition

No license or other authorization for export shall be granted for the transfer, retransfer, or reexport of any commercial satellite or related component or technology contained on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations to any person or entity of the following:

(1)

The People’s Republic of China.

(2)

Cuba.

(3)

Iran.

(4)

North Korea.

(5)

Sudan.

(6)

Syria.

(7)

Any country with respect to which the United States would deny the application for licenses and other approvals for exports and imports of defense articles under section 126.1 of title 15, Code of Federal Regulations (relating to the International Traffic in Arms Regulations).

(d)

Report

(1)

In general

Not later than 1 year after the date of enactment of this Act, and annually thereafter, the Director of National Intelligence shall submit to the appropriate congressional committees on efforts of state sponsors of terrorism, other foreign countries, or entities to illicitly acquire commercial satellites and related components and technology.

(2)

Form

Such report shall be submitted in unclassified form, but may contain a classified annex.

(e)

Definition

In this section, the term appropriate congressional committees means—

(1)

the Committees on Foreign Relations, Armed Services, and Intelligence of the Senate; and

(2)

the Committees on Foreign Affairs, Armed Services, and Intelligence of the House of Representatives.

525.

Report on licenses and other authorizations to export commercial satellites and related components and technology contained on the Commerce Control List

(a)

In general

Not later than 60 days after the end of each calendar quarter, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Banking, Finance, and Urban Affairs of the Senate a report containing a listing of all licenses and other authorizations to export commercial satellites and related components and technology contained on the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations.

(b)

Form

Such report shall be submitted in unclassified form, but may contain a classified annex.

526.

Review of United States Munitions List

Section 38(f)(1) of the Arms Export Control Act (22 U.S.C. 2778) is amended by striking the last sentence and inserting the following: Such notice shall include, to the extent practicable, an enumeration of the item or items to be removed and describe the nature of any controls to be imposed on that item under any other provision of law..

527.

Report on country exemptions for licensing of exports of munitions and related technical data

(a)

In general

Not later than 120 days after the date of enactment of this Act, the Attorney General, the Secretary of Commerce, and the Secretary of Homeland Security shall submit to the appropriate congressional committees a report that includes—

(1)

an assessment of the extent to which the terms and conditions of exemptions for foreign countries from the licensing requirements of the Commerce Munitions List (or analogous controls for commercial satellites and related components and technology) contain strong safeguards; and

(2)

a compilation of sufficient documentation relating to the export of munitions, commercial spacecraft, and related technical data to facilitate law enforcement efforts to effectively detect, investigate, deter and enforce criminal violations of any provision of the Export Administration Regulations, including efforts on the part of state sponsors of terrorism, other countries or entities to illicitly acquire such controlled United States technology.

(b)

Definitions

In this section—

(1)

the term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Homeland Security of the House of Representatives; and

(B)

the Committee on Banking, Housing, and Urban Affairs and the Committee on Homeland Security and Governmental Affairs of the Senate; and

(2)

the term munitions means—

(A)

items transferred from the United States Munitions List to the Commerce Control List and designated as 600 series items on the Commerce Control List under the Export Administration Regulations, as proposed by the Bureau of Industry and Security of the Department of Commerce on July 15, 2011 (76 F.R. 41958); or

(B)

any successor regulations.

528.

End-use monitoring of munitions

(a)

Establishment of monitoring program

In order to ensure accountability with respect to the export of munitions and related technical data on the Commerce Munitions List, the President shall establish a program to provide for the end-use monitoring of such munitions and related technical data.

(b)

Report to congress

Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the President shall submit to Congress a report describing the actions taken to implement this section, including a detailed accounting of the costs and number of personnel associated with the program established under subsection (a).

(c)

Munitions

In this section, the term munitions means—

(1)

items transferred from the United States Munitions List to the Commerce Control List and designated as 600 series items on the Commerce Control List under the Export Administration Regulations, as proposed by the Bureau of Industry and Security of the Department of Commerce on July 15, 2011 (76 F.R. 41958); or

(2)

any successor regulations.

529.

Definitions

In this subtitle:

(1)

Commerce munitions list

The term Commerce Munitions List means—

(A)

items transferred from the United States Munitions List to the Commerce Control List and designated as 600 series items on the Commerce Control List under the Export Administration Regulations, as proposed by the Bureau of Industry and Security of the Department of Commerce on July 15, 2011 (76 F.R. 41958); or

(B)

any successor regulations.

(2)

Commercial satellites and related components and technology

The term commercial satellites and related components and technology means—

(A)

communications satellites that do not contain classified components, including remote sensing satellites with performance parameters below thresholds identified on the United States Munitions List; and

(B)

systems, subsystems, parts, and components associated with such satellites and with performance parameters below thresholds specified for items that would remain on the United States Munitions List.

(3)

Export administration regulations

The term Export Administration Regulations means—

(A)

the Export Administration Regulations as maintained and amended under the authority of the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.); or

(B)

any successor regulations.

(4)

State sponsor of terrorism

The term state sponsor of terrorism means a country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect under the International Emergency Economic Powers Act), section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

(5)

United states munitions list

The term United States Munitions List means the list referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).