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Summary of FY 2013 Foreign Relations Authorization Act June 25, 2012 Title I.

Authorization of Appropriations Title I authorizes funding for State Department operations, international organizations, international peacekeeping, certain commissions, the Peace Corps, and the National Endowment for Democracy. The majority of the accounts in the bill are funded at the same or at a higher level than the House Appropriations Committee-reported bill (H.R. 5857), with the sole exception of Worldwide Security Protection, for which they provide a floor rather than an exact amount. The following accounts are funded at higher levels than in House appropriations: State Department operations; Embassy Security and Construction; State Department Inspector General; Educational and Cultural Exchanges; International Organizations; International Commissions; and the Broadcasting Board of Governors operations. A number of accounts normally included under State operations, such as the U.S. Institute of Peace, The Asia Foundation and the U.S.-China Commission, are omitted. The accounts that are not included do not require specific authorization in order to receive appropriated funds. Title I also continues a limitation carried in recent appropriations bills to prohibit Foreign Service Officers from receiving full overseas comparability pay. A provision in Title III does authorize the second phase of payments, so that current pay rates would not be reduced. Title II. Department of State Authorities and Activities Title II contains a number of technical provisions that were included in the State Authorization bills that passed the Committee in 2009 and 2011, such as remedying an operating procedure of the International Litigation Fund, authorizing special agents to investigate identity theft and document fraud, and transferring certain responsibilities for performing actuarial duties from the Secretary of Treasury to the Secretary of State. It also authorizes the State Department to utilize best value instead of lowest price for security guard contracts in high risk areas, since in many cases lowest price has meant poorly trained and substandard forces guarding our embassies and personnel abroad. This title also expands the Rewards for Justice Program to include narcotics traffickers, war criminals, and transnational organized crime groups, rather than just terrorists. The title authorizes the Secretary of State to establish a Coordinator for Cyber Issues, who would be responsible for cyberspace and cybersecurity issues in the Department. The title would also require the Secretary to submit a description of the Departments cybersecurity efforts, along with a list of countries against whom there is significant credible evidence that the government of such country has been uncooperative with efforts to combat cybercrime. It also authorizes the establishment of a Center for Strategic Counterterrorism Communications at State. The center would be responsible for monitoring extremist narratives in order to counter extremist messages abroad.

Subtitle B continues a passport surcharge to cover the production costs of the increased demand for passports and updates the border crossing card fee for minors. Subtitle C repeals obsolete or duplicative reporting requirements. Title III. Organization and Personnel Authorities Title III contains several provisions requested by the State Department and included in previous authorization bills passed by the Committee, including authorizing the suspension without pay of Foreign Service members whose security clearances are suspended; repealing a recertification requirement for Senior Foreign Service Officers that was repealed for the Senior Executive Service in 2002; and extending current authorities to hire retired annuitants in high risk countries. Another provision grants the Secretary the ability to transfer authorities to the recently created Counterterrorism, Conflict and Stabilization Operations, and Energy Resources Bureaus from the previous coordinators for those areas. Title IV. United States International Broadcasting Title IV authorizes appropriations for broadcasting operations and capital improvements of the Broadcasting Board of Governors (BBG) at FY 2012 levels. The title also contains provisions from previous authorization bills. It extends the authority for the use of personal services contractors to address surges in broadcasting needs and updates existing civil liability law for BBG members. Title V. Arms Export Control Act Amendments and Related Provisions Title V includes several provisions relating to the export of U.S. arms and defense services. These provisions seek to streamline the licensing process for our close friends and allies, and to increase Congressional oversight over what, and how, the U.S. licenses arms and defense services for exports. It amends existing military assistance reports to include additional information and change due dates; increases thresholds for Congressional review of significant exports of defense items and services. However, it retains existing value thresholds for the Administration to notify Congress, even if the 15/30-day review period is not required. The title also updates and conforms penalties for violations of arms export laws and requires the Administration to enumerate defense items and services it proposes to remove from the U.S. Munitions List (USML) to the Commerce Control List (CCL), to the extent practicable. It clarifies prohibitions on exports relating to nationals or former nationals of State Sponsors of Terrorism that retain substantive contacts with such governments. Title V also encourages the President to streamline military exports to U.S. allies and for militarily insignificant parts and components; exempts U.S. law-enforcement-related transactions with State Sponsors of Terrorism; and requires the President to create an end-use monitoring system on defense items and services transferred from the USML to the CCL.

Additionally, it requires the Attorney General, the Secretary of Commerce, and the Secretary of Homeland Security to assess the safeguards relating to an existing export licensing exemption on the CCL, as it may apply to former-USML items. Title V also incorporates most of the substance of the bill, H.R. 3288, the Safeguarding United States Satellite Leadership and Security Act to reform export licensing on commercial satellites and related components, and includes a related reporting requirement.

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