Foreign Relations Authorization Act, Fiscal Years 2010 and 2011

Bill Number:

H.R. 2410

Bill Status:

Bill passed by House or Senate

Bill Location:

House of Representatives

Date of Last Action:

Wednesday, June 10, 2009

Link to entire bill at the Library of Congress site.

Relevant Text:

HR 2410 IH

111th CONGRESS

1st Session

H. R. 2410

To authorize appropriations for the Department of State and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

May 14, 2009

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

A BILL

To authorize appropriations for the Department of State and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Foreign Relations Authorization Act, Fiscal Years 2010 and 2011'.

TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Subtitle B--Public Diplomacy at the Department of State

SEC. 221. SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF MEXICO AND CENTRAL AND SOUTH AMERICA.

Of the amounts authorized to be appropriated pursuant to section 101(4), $400,000 for each of fiscal years 2010 and 2011 is authorized to be appropriated for scholarships for secondary and post-secondary education in the United States for students from Mexico and the countries of Central and South America who are from the indigenous peoples of the region.

SEC. 222. UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM.

(a) Definitions- In this section:

(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term `appropriate congressional committees' means--

(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(2) CARICOM COUNTRY- The term `CARICOM country'--

(A) means a member country of the Caribbean Community (CARICOM); but

(B) does not include--

(i) a country having observer status in CARICOM; or

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

(3) SECRETARY- Except as otherwise provided, the term `Secretary' means the Secretary of State.

(4) UNITED STATES COOPERATING AGENCY- The term `United States cooperating agency' means--

(A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, a historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or a Hispanic-serving institution (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5)));

(B) a higher education association;

(D) a consortium consisting of two or more such institutions, associations, or nongovernmental organizations.

(b) Program Authorized- The Secretary of State is authorized to establish an educational exchange program between the United States and CARICOM countries, to be known as the `Shirley A. Chisholm United States-Caribbean Educational Exchange Program', under which--

(1) secondary school students from CARICOM countries will--

(A) attend a public or private secondary school in the United States; and

(B) participate in activities designed to promote a greater understanding of the values and culture of the United States; and

(2) undergraduate students, graduate students, post-graduate students, and scholars from CARICOM countries will--

(A) attend a public or private college or university, including a community college, in the United States; and

(B) participate in activities designed to promote a greater understanding of the values and culture of the United States.

(1) The program will offer scholarships to students and scholars based on merit and need. It is the sense of Congress that scholarships should be offered to students and scholars who evidence merit, achievement, and strong potential for the studies such students and scholars wish to undertake under the program and 60 percent of scholarships offered under the program should be based on financial need.

(2) The program will seek to achieve gender equality in granting scholarships under the program.

(3) Fields of study under the program will support the labor market and development needs of CARICOM countries, assuring a pool of technical experts to address such needs.

(4) The program will limit participation to--

(A) one year of study for secondary school students;

(B) two years of study for undergraduate students; and

(5) For a period of time equal to the period of time of participation in the program, but not to exceed two years, the program will require participants who are students and scholars described in subsection (a)(2) to--

(A) agree to return to live in a CARICOM country and maintain residence in such country, within six months of completion of academic studies; or

(B) agree to obtain employment that directly benefits the growth, progress, and development of one or more CARICOM countries and the people of such countries.

(6) The Secretary may waive, shorten the duration, or otherwise alter the requirements of paragraph (4) in limited circumstances of hardship, humanitarian needs, for specific educational purposes, or in furtherance of the national interests of the United States.

(d) Role of United States Cooperating Agencies- The Secretary shall consult with United States cooperating agencies in developing the program authorized under subsection (b). The Secretary is authorized to provide grants to United States cooperating agencies in carrying out the program authorized under subsection (b).

(e) Monitoring and Evaluation of Program-

(1) IN GENERAL- The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (b). In so doing, the Secretary shall, among other things, evaluate the program's positive or negative effects on `brain drain' from the participating CARICOM countries and suggest ways in which the program may be improved to promote the basic goal of alleviating brain drain from the participating CARICOM countries.

(2) REQUIREMENTS- In carrying out paragraph (1), the Secretary shall review on a regular basis--

(A) financial information relating to the program;

(B) budget plans for the program;

(D) graduation rates of participants in the program;

(E) the percentage of participants who are students described in subsection (b)(1) who pursue higher education;

(F) the percentage of participants who return to their home country or another CARICOM country;

(G) the types of careers pursued by participants in the program and the extent to which such careers are linked to the political, economic, and social development needs of CARICOM countries; and

(H) the impact of gender, country of origin, financial need of students, and other relevant factors on the data collected under subparagraphs (D) through (G).

(f) Reporting Requirements-

(1) REPORT REQUIRED- Not later than 120 days after the date of the enactment of this section, the Secretary of State shall submit to the appropriate congressional committees a report on plans to implement the program authorized under this section.

(2) MATTERS TO BE INCLUDED- The report required by paragraph (1) shall include--

(A) a plan for selecting participants in the program, including an estimate of the number of secondary school students, undergraduate students, graduate students, post-graduate students, and scholars from each country, by educational level, who will be selected as participants in the program for each fiscal year;

(B) a timeline for selecting United States cooperating agencies that will assist in implementing the program;

(i) identifies budget plans for each educational level under the program; and

(ii) identifies plans or systems to ensure that the costs to public school, college, and university education under the program and the costs to private school, college, and university education under the program are reasonably allocated; and

(D) a plan to provide outreach to and linkages with schools, colleges and universities, and nongovernmental organizations in both the United States and CARICOM countries for implementation of the program.

(3) UPDATES OF REPORT-

(A) IN GENERAL- The Secretary shall submit to the appropriate congressional committees updates of the report required by paragraph (1) for each fiscal year for which amounts are appropriated pursuant to the authorization of appropriations under subsection (g).

(B) MATTERS TO BE INCLUDED- Such updates shall include the following:

(i) Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under this section.

(ii) An analysis of the positive and negative impacts the program authorized under this section will have or is having on `brain drain' from the participating CARICOM countries.

(g) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 101(4), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this section.

SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI.

The Secretary of State shall develop a public diplomacy plan to be implemented in the event that Temporary Protected Status (TPS) is extended to Haitian nationals in the United States to effectively inform Haitians living in Haiti that--

(1) TPS only permits people already in the United States as of a specifically designated date to remain in the United States;

(2) there are extraordinary dangers of travel by sea to the United States in unsafe, overcrowded vessels;

(3) any Haitian interdicted at sea traveling to the United States will be repatriated to Haiti; and

(4) the United States will continue its large assistance program to help the people of Haiti recover from recent hurricanes, restore stability, and promote economic growth.

TITLE IV--INTERNATIONAL ORGANIZATIONS

Subtitle B--General Provisions

SEC. 411. ORGANIZATION OF AMERICAN STATES.

(a) Sense of Congress- It is the sense of Congress that--

(1) multilateral diplomacy in the context of the Americas has suffered considerably in the past decade, to the direct detriment of the national interest of the United States in the region;

(2) given the recent proliferation of multilateral groupings in the Americas region in which the United States in not a member, it is imperative to focus on and promote United States diplomatic efforts in the Organization of American States (OAS), where the United States is a founding member and whose central tenets include democratic values considered vital for this region;

(3) it is critical for the United States to immediately re-establish its unique leadership voice in this region and specifically in the OAS setting; and

(4) an effective way to help achieve this short term objective is to establish a fund to promote multilateral interests of the United States in the region.

(b) Multilateral Fund-

(1) IN GENERAL- There is hereby established in the Department of State a Fund to Promote Multilateralism in the Americas (referred to in this section as the `Fund').

(2) ACTIVITIES SUPPORTED- The Fund shall support activities that promote the multilateral interests of the United States in the Americas region, including--

(A) United States diplomatic activities within and related to the OAS;

(B) voluntary contributions to entities and organs of the OAS to carry out programs and activities that support the interests of the United States;

(D) conferences; and

(E) general advocacy for United States interests.

(c) Administration- The Fund shall be administered by the United States Mission to the Organization of American States, as directed by the United States Permanent Representative to the OAS, for use on matters that arise in the context of the OAS.

TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

Subtitle B--Provisions Relating to Export Licenses

SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND SERVICES FOR CONGRESSIONAL REVIEW AND EXPEDITING CONGRESSIONAL REVIEW FOR ISRAEL.

(a) Foreign Military Sales-

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

(A) in paragraph (1)--

(i) by striking `$50,000,000' and inserting `$100,000,000';

(ii) by striking `$200,000,000' and inserting `$300,000,000';

(iii) by striking `$14,000,000' and inserting `$25,000,000'; and

(iv) by striking `The letter of offer shall not be issued' and all that follows through `enacts a joint resolution' and inserting the following:

`(2) The letter of offer shall not be issued--

`(A) with respect to a proposed sale 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, to the North Atlantic Treaty Organization (NATO), any member country of NATO, Japan, Australia, the Republic of Korea, Israel, or New Zealand, if Congress, within 15 calendar days after receiving such certification, or

`(B) with respect to a proposed sale of any defense articles or services under this Act for $100,000,000 or more, any design and construction services for $200,000,000 or more, or any major defense equipment for $50,000,000 or more, to any other country or organization, if Congress, within 30 calendar days after receiving such certification,

enacts a joint resolution'; and

(B) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively.

(2) TECHNICAL AND CONFORMING AMENDMENTS- Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended--

(A) in subsection (b)--

(i) in paragraph (6)(C), as redesignated, by striking `Subject to paragraph (6), if' and inserting `If'; and

(ii) by striking paragraph (7), as redesignated; and

(B) in subsection (c)(4), by striking `subsection (b)(5)' each place it appears and inserting `subsection (b)(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

(2) in paragraph (2)--

(A) in subparagraph (A)--

(i) 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

(ii) by striking `Organization,' and inserting `Organization (NATO),' and by further striking `that Organization' and inserting `NATO'; 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)'; and

(3) by striking paragraph (5).

(d) Authorization- Of the amounts authorized to be appropriated for the Administration of Foreign Affairs pursuant to section 101, there is authorized to be appropriated $2,000,000 for each of fiscal years 2010 and 2011 only to carry out this section.

SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EXPORTS.

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

(1) in paragraph (2), by striking `or' at the end;

(2) in paragraph (3), by striking the period at the end and inserting `; or'; and

(3) by adding at the end the following:

`(4) were exported without a license under section 38 of the Arms Export Control Act (22 U.S.C. 2778) 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 provision in the regulation under which the export was made.'.

SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIPMENT AND DEFENSE ARTICLES EXPORTED UNDER SECTION 38 OF THE ARMS EXPORT CONTROL ACT.

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

`(k) Report-

`(1) IN GENERAL- The President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains a detailed listing, by country and by international organization, of the total dollar value of major defense equipment and defense articles exported pursuant to licenses authorized under this section for the previous fiscal year.

`(2) INCLUSION IN ANNUAL BUDGET- The report required by this subsection shall be included in the supporting information of the annual budget of the United States Government required to be submitted to Congress under section 1105 of title 31, United States Code.'.

Subtitle C--Miscellaneous Provisions

SEC. 841. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.

(a) Authority- The Secretary of State is authorized to conduct a program to respond to contingencies in foreign countries or regions by providing training, procurement, and capacity-building of a foreign country's national military forces and dedicated counterterrorism forces in order for that country to--

(1) conduct counterterrorist operations; or

(2) participate in or support military and stability operations in which the United States is a participant.

(b) Types of Capacity-Building- The program authorized under subsection (a) may include the provision of equipment, supplies, and training.

(1) ASSISTANCE OTHERWISE PROHIBITED BY LAW- The Secretary of State may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.

(2) LIMITATION ON ELIGIBLE COUNTRIES- The Secretary of State may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

(d) Formulation and Execution of Activities- The Secretary of State shall consult with the head of any other appropriate department or agency in the formulation and execution of the program authorized under subsection (a).

(e) Congressional Notification-

(1) ACTIVITIES IN A COUNTRY- Not less than 15 days before obligating funds for activities in any country under the program authorized under subsection (a), the Secretary of State shall submit to the congressional committees specified in paragraph (2) a notice of the following:

(A) The country whose capacity to engage in activities in subsection (a) will be assisted.

(B) The budget, implementation timeline with milestones, and completion date for completing the activities.

(2) SPECIFIED CONGRESSIONAL COMMITTEES- The congressional committees specified in this paragraph are the following:

(A) The Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

(B) The Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(f) Authorization of Appropriations-

(1) IN GENERAL- There is authorized to be appropriated to the Secretary of State $25,000,000 for each of the fiscal years 2010 and 2011 to conduct the program authorized by subsection (a).

(2) USE OF FMF FUNDS- The Secretary of State may use up to $25,000,000 of funds available under the Foreign Military Financing program for each of the fiscal years 2010 and 2011 to conduct the program authorized under subsection (a).

(3) AVAILABILITY AND REFERENCE- Amounts made available to conduct the program authorized under subsection (a)--

(A) are authorized to remain available until expended; and

(B) may be referred to as the `Security Assistance Contingency Fund'.

SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND.

(a) In General- Section 51(a) of the Arms Export Control Act (22 U.S.C. 2795(a)) is amended--

(1) in paragraph (1), by striking `Special Defense Acquisition Fund' and inserting `Foreign Military Sales Stockpile Fund'; and

(2) in paragraph (4), by inserting `building the capacity of recipient countries and' before `narcotics control purposes'.

(b) Contents of Fund- Section 51(b) of the Arms Export Control Act (22 U.S.C. 2795(b)) is amended--

(1) in paragraph (2), by striking `and' at the end;

(2) in paragraph (3), by inserting `and' at the end; and

(3) by inserting after paragraph (3) the following:

`(4) collections from leases made pursuant to section 61 of this Act,'.

(c) Conforming Amendments- (1) The heading of section 51 of the Arms Export Control Act is amended by striking `Special Defense Acquisition Fund' and inserting `Foreign Military Sales Stockpile Fund'.

(2) The heading of chapter 5 of the Arms Export Control Act is amended by striking `SPECIAL DEFENSE ACQUISITION FUND' and inserting `FOREIGN MILITARY SALES STOCKPILE FUND'.

TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

Subtitle A--General Provisions

SEC. 901. COORDINATOR OF UNITED STATES GOVERNMENT ACTIVITIES TO IMPLEMENT THE MERIDA INITIATIVE.

(a) Declaration of Policy- Congress declares that the Merida Initiative is a Department of State-led initiative which combines the programs of numerous United States Government departments and agencies and therefore requires a single individual to coordinate and track all Merida Initiative-related efforts government-wide to avoid duplication, coordinate messaging, and facilitate accountability to and communication with Congress.

(b) Designation of High-Level Coordinator-

(1) IN GENERAL- The President shall designate, within the Department of State, a Coordinator of United States Government Activities to Implement the Merida Initiative (hereafter in this section referred to as the `Coordinator') who shall be responsible for--

(A) designing and shaping an overall strategy for the Merida Initiative;

(B) ensuring program and policy coordination among United States Government departments and agencies in carrying out the Merida Initiative, including avoiding duplication among programs and ensuring that a consistent message emanates from the United States Government;

(C) ensuring that efforts of the United States Government are in full consonance with the efforts of the countries within the Merida Initiative;

(D) tracking, in coordination with the relevant officials of the Department of Defense and other departments and agencies, United States assistance programs that fulfill the goals of the Merida Initiative or are closely related to the goals of the Merida Initiative, including to the extent possible, tracking information required under the second section 620J of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) (as added by section 651 of division J of Public Law 110-161) with respect to countries participating in the Merida Initiative; and

(E) consulting with the Attorney General and the Secretary of Homeland Security with respect to the activities of Federal, State, and local law enforcement authorities in the United States relating to the goals of the Merida Initiative, particularly along the United States-Mexico border.

(2) RANK AND STATUS OF THE COORDINATOR- The Coordinator should have the rank and status of ambassador.

SEC. 902. ADDING THE CARIBBEAN TO THE MERIDA INITIATIVE.

(a) Findings- Congress finds the following:

(1) The illicit drug trade--which has taken a toll on the small countries of the Caribbean Community (CARICOM) for many years--is now moving even more aggressively into these countries.

(2) A March 2007 joint report by the United Nations Office on Drugs and Crime (UNODC) and the World Bank noted that murder rates in the Caribbean--at 30 per 100,000 population annually--are higher than for any other region of the world and have risen in recent years for many of the region's countries. The report also argues that the strongest explanation for the high crime and violence rates in the Caribbean and their rise in recent years is drug trafficking.

(3) If the United States does not move quickly to provide Merida Initiative assistance to the CARICOM countries, the positive results of the Merida Initiative in Mexico and Central America will move the drug trade deeper into the Caribbean and multiply the already alarming rates of violence.

(b) Consultations- Not later than 30 days after the date of the enactment of this Act, the Secretary of State is authorized to consult with the countries of the Caribbean Community (CARICOM) in preparation for their inclusion into the Merida Initiative.

(c) Incorporation of CARICOM Countries Into the Merida Initiative- The President is authorized to incorporate the CARICOM countries into the Merida Initiative.

SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUATION MECHANISM.

(a) Definitions- In this section:

(1) IMPACT EVALUATION RESEARCH- The term `impact evaluation research' means the application of research methods and statistical analysis to measure the extent to which change in a population-based outcome can be attributed to program intervention instead of other environmental factors.

(2) OPERATIONS RESEARCH- The term `operations research' means the application of social science research methods, statistical analysis, and other appropriate scientific methods to judge, compare, and improve policies and program outcomes, from the earliest stages of defining and designing programs through their development and implementation, with the objective of the rapid dissemination of conclusions and concrete impact on programming.

(3) PROGRAM MONITORING- The term `program monitoring' means the collection, analysis, and use of routine program data to determine how well a program is carried out and how much the program costs.

(b) Sense of Congress- It is the sense of Congress that--

(1) to successfully support building the capacity of recipient countries' civilian security institutions, enhance the rule of law in recipient countries, and ensure the protection of human rights, the President should establish a program to conduct impact evaluation research, operations research, and program monitoring to ensure effectiveness of assistance provided under the Merida Initiative;

(2) long-term solutions to the security problems of Merida recipient countries depend on increasing the effectiveness and responsiveness of their civilian institutions, including their judicial system;

(3) a specific program of impact evaluation research, operations research, and program monitoring, established at the inception of the program, is required to permit assessment of the operational effectiveness of the impact of United States assistance towards these goals; and

(4) the President, in developing performance measurement methods under the impact evaluation research, operations research, and program monitoring, should consult with the appropriate congressional committees as well as the governments of Merida recipient countries.

(c) Impact Evaluation Research, Operation Research, and Program Monitoring of Assistance- The President shall establish and implement a program to assess the effectiveness of assistance provided under the Merida Initiative through impact evaluation research on a selected set of programmatic interventions, operations research in areas to ensure efficiency and effectiveness of program implementation, and monitoring to ensure timely and transparent delivery of assistance.

(d) Requirements- The program required under subsection (c) shall include--

(1) a delineation of key impact evaluation research and operations research questions for main components of assistance provided under the Merida Initiative;

(2) an identification of measurable performance goals for each of the main components of assistance provided under the Merida Initiative, to be expressed in an objective and quantifiable form at the inception of the program;

(3) the use of appropriate methods, based on rigorous social science tools, to measure program impact and operational efficiency; and

(4) adherence to a high standard of evidence in developing recommendations for adjustments to such assistance to enhance the impact of such assistance.

(e) Consultation With Congress- Not later than 60 days after the date of the enactment of this Act, the President shall brief and consult with the appropriate congressional committees regarding the progress in establishing and implementing the program required under subsection (c).

(f) Authorization of Appropriations- Of the amounts authorized to be appropriated for the Merida Initiative, up to five percent of such amounts is authorized to be appropriated to carry out this section.

(g) Report-

(1) IN GENERAL- Not later than 180 days after the date of the enactment of this section and not later than December 1 of each year thereafter, the President shall transmit to the appropriate congressional committees a report regarding programs and activities carried out under the Merida Initiative during the preceding fiscal year.

(2) MATTERS TO BE INCLUDED- The reports required under subsection (g) shall include the following:

(A) FINDINGS- Findings related to the impact evaluation research, operation research, and program monitoring of assistance program established under subsection (c).

(B) COORDINATION- Efforts of the United States Government to coordinate its activities, including--

(i) a description of all counternarcotics and organized crime assistance provided to Merida Initiative recipient countries in the previous fiscal year;

(ii) an assessment of how such assistance was coordinated; and

(iii) recommendations for improving coordination.

(i) a description of the progress of each recipient country toward the transfer of equipment, if any, from its armed forces to law enforcement agencies;

(ii) a list of agencies that have used air assets provided by the United States under the Merida Initiative to the government of each recipient country, and, to the extent possible, a detailed description of those agencies that have utilized such air assets, such as by a percentage breakdown of use by each agency; and

(iii) a description of training of law enforcement agencies to operate equipment, including air assets.

(D) HUMAN RIGHTS- In accordance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and section 504 of the Trade Act of 1974 (19 U.S.C. 2464), an assessment of the human rights impact of the equipment and training provided under the Merida Initiative, including--

(i) a list of accusations of serious human rights abuses committed by the armed forces and law enforcement agencies of recipient countries on or after the date of the enactment of this Act; and

(ii) a description of efforts by the governments of Merida recipient countries to investigate and prosecute allegations of abuses of human rights committed by any agency of such recipient countries.

(E) EFFECTIVENESS OF EQUIPMENT- An assessment of the long-term effectiveness of the equipment and maintenance packages and training provided to each recipient country's security institutions.

(F) MEXICO PUBLIC SECURITY STRATEGY- A description of Mexico's development of a public security strategy, including--

(i) effectiveness of the Mexican Federal Registry of Police Personnel to vet police recruiting at the National, state, and municipal levels to prevent rehiring from one force to the next after dismissal for corruption and other reasons; and

(ii) an assessment of how the Merida Initiative complements and supports the Mexican Government's own public security strategy.

(G) FLOW OF ILLEGAL ARMS- A description and assessment of efforts to reduce the southbound flow of illegal arms.

(H) USE OF CONTRACTORS- A detailed description of contracts awarded to private companies to carry out provisions of the Merida Initiative, including--

(i) a description of the number of United States and foreign national civilian contractors awarded contracts;

(ii) a list of the total dollar value of the contracts; and

(iii) the purposes of the contracts.

(I) PHASE OUT OF LAW ENFORCEMENT ACTIVITIES- A description of the progress of phasing out law enforcement activities of the armed forces of each recipient country.

(J) IMPACT ON BORDER VIOLENCE AND SECURITY- A description of the impact that activities authorized under the Merida Initiative have had on violence against United States and Mexican border personnel and the extent to which these activities have increased the protection and security of the United States-Mexico border.

SEC. 904. MERIDA INITIATIVE DEFINED.

In this subtitle, the term `Merida Initiative' means the program announced by the United States and Mexico on October 22, 2007, to fight illicit narcotics trafficking and criminal organizations throughout the Western Hemisphere.

Subtitle B--Prevention of Illicit Trade in Small Arms and Light Weapons

SEC. 911. TASK FORCE ON THE PREVENTION OF ILLICIT SMALL ARMS TRAFFICKING IN THE WESTERN HEMISPHERE.

(a) Establishment- The President shall establish an inter-agency task force to be known as the `Task Force on the Prevention of Illicit Small Arms Trafficking in the Western Hemisphere' (in this section referred to as the `Task Force').

(b) Duties- The Task Force shall develop a strategy for the Federal Government to coordinate efforts to reduce and prevent illegal firearms trafficking from the United States throughout the Western Hemisphere, including Mexico, Central America, the Caribbean, and South America. The Task Force shall--

(1) coordinate strategies for maximizing cooperation among departments and agencies of the Federal Government and the use of resources of the Federal Government to identify the sources and types of firearms illegally trafficked from the United States;

(2) conduct a thorough review and analysis of the current regulation of exports of small arms and light weapons; and

(3) develop integrated Federal policies to better control exports of small arms and light weapons in a manner that furthers the foreign policy and national security interests of the United States within the Western Hemisphere.

(1) the Secretary of State;

(2) the Attorney General;

(3) the Secretary of Homeland Security; and

(4) the heads of other Federal departments and agencies as appropriate.

(d) Chairperson- The Secretary of State shall serve as the chairperson of the Task Force.

(e) Meetings- The Task Force shall meet at the call of the chairperson or a majority of its members.

(f) Annual Reports- Not later than one year after the date of the enactment of this Act and annually thereafter until October 31, 2014, the chairperson of the Task Force shall submit to Congress and make available to the public a report that contains--

(1) a description of the activities of the Task Force during the preceding year; and

(2) the findings, strategies, recommendations, policies, and initiatives developed pursuant to the duties of the Task Force under subsection (b) during the preceding year.

SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAFFICKING IN SMALL ARMS AND LIGHT WEAPONS TO MEXICO.

(a) In General- Notwithstanding section 38(c) of the Arms Export Control Act (22 U.S.C. 2778(c)), any person who willfully exports to Mexico any small arm or light weapon without a license in violation of the requirements of section 38 of such Act shall upon conviction be fined for each violation not less than $1,000,000 but not more than $3,000,000 and imprisoned for not more than ten years, or both.

(b) Definition- In this section, the term `small arm or light weapon' means any item listed in Category I(a), Category III (as it applies to Category I(a)), or grenades under Category IV(a) of the United States Munitions List (as contained in part 121 of title 22, Code of Federal Regulations (or successor regulations)) that requires a license for international export under this section.

(c) Sunset- Subsection (a) shall not apply beginning on any date after September 30, 2012, on which the President transmits to Congress a certification that contains a determination of the President that the increased penalties in subsection (a) are no longer necessary.

SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM.

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

(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;

(2) by inserting after paragraph (3) the following new paragraph:

`(4) the arrest or conviction in any country of any individual for illegally exporting or attempting to export to Mexico any small arm or light weapon (as defined in section 912(b) of the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011;'; and

(3) in paragraphs (5) and (6) (as redesignated), by striking `paragraph (1), (2), or (3)' each place it appears and inserting `paragraph (1), (2), (3), or (4)'.

SEC. 914. STATEMENT OF CONGRESS SUPPORTING UNITED STATES RATIFICATION OF CIFTA.

Congress supports the ratification by the United States of the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives, and Other Related Materials.

SEC. 1007. POLICE TRAINING REPORT.

(a) In General- Not later than 180 days after the date of the enactment of this Act, the President shall, in coordination with the heads of relevant Federal departments and agencies, conduct a study and transmit to Congress a report on current overseas civilian police training in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife.

(b) Contents- The report required under subsection (a) shall contain information on the following:

(1) The coordination, communication, program management, and policy implementation among the United States civilian police training programs in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife.

(2) The number of private contractors conducting such training, and the quality and cost of such private contractors.

(3) An assessment of pre-training procedures for verification of police candidates to adequately assess their aptitude, professional skills, integrity, and other qualifications that are essential to law enforcement work.

(4) An analysis of the practice of using existing Federal police entities to provide civilian police training in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife, along with the subject matter expertise that each such entity may provide to meet local needs in lieu of the use of private contractors.

(5) Provide recommendations, including recommendations related to required resources and actions, to maximize the effectiveness and interagency coordination and the adequate provision of civilian police training programs in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife.

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Foreign Relations Authorization Act, Fiscal Years 2010 and 2011