Gandhi-King Scholarly Exchange Initiative Act

IIB 116TH CONGRESS 2D SESSION H. R. 5517 IN THE SENATE OF THE UNITED STATES DECEMBER 7, 2020 Received; read twice and referred to the Committee on Foreign Relations AN ACT To affirm the friendship of the governments of the United States of America and the Republic of India, and to establish a bilateral partnership for collaboration to ad- vance development and shared values, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 2 HR 5517 RFS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Gandhi-King Scholarly 2 Exchange Initiative Act’’. 3 SEC. 2. FINDINGS. 4 Congress makes the following findings: 5 (1) The peoples of the United States and India 6 have a long history of friendship and the interests 7 of the peoples of the United States, India, and the 8 world will benefit from a stronger United States- 9 India partnership. 10 (2) Mohandas Karamchand Gandhi and Martin 11 Luther King, Jr., were dedicated leaders fighting for 12 social justice and social change, peace, and civil 13 rights in their respective communities, and countries 14 and in the world. 15 (3) The use of nonviolent civil disobedience is a 16 shared tactic that has played a key role in defeating 17 social injustice in India, the United States, and in 18 other parts of the world. 19 (4) Mohandas Gandhi, who was born on Octo- 20 ber 2, 1869, was murdered on January 30, 1948, 21 after dedicating his life to the peaceful empowerment 22 of the people of India and to the end of British colo- 23 nial rule. 24 (5) Martin Luther King, Jr., who was born on 25 January 15, 1929, was murdered on April 4, 1968, 26 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 3 HR 5517 RFS after a life dedicated to peaceful movements against 1 segregation, discrimination, racial injustice, and pov- 2 erty. 3 (6) In February 1959, Dr. King and his wife, 4 Coretta Scott King, traveled throughout India. By 5 the end of his monthlong visit, Dr. King said, ‘‘I am 6 more convinced than ever before that the method of 7 nonviolent resistance is the most potent weapon 8 available to oppressed people in their struggle for 9 justice and human dignity.’’. 10 (7) Fifty years after Dr. King’s visit, All India 11 Radio, the national radio station of India, discovered 12 a taped message by Dr. King that emphasized the 13 intellectual harmony between the messages of Dr. 14 King and Mohandas Gandhi on nonviolent social ac- 15 tion. 16 (8) On August 22, 2011, the Dr. Martin Lu- 17 ther King, Jr., National Memorial opened to the 18 public in Washington, DC. This newest memorial on 19 the National Mall pays tribute to Dr. King’s na- 20 tional and international contributions to world peace 21 through nonviolent social change. 22 (9) The 116th Congress coincides with both the 23 150th birth anniversary of Mohandas Gandhi and 24 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 4 HR 5517 RFS the 90th birth anniversary of Dr. Martin Luther 1 King, Jr. 2 (10) Mohandas Gandhi, who employed the prin- 3 ciple of satyagraha, or ‘‘fighting with peace’’, has 4 come to represent the moral force inspiring many 5 civil and social rights movement around the world. 6 (11) Dr. King’s effective use of Gandhi’s prin- 7 ciples was instrumental to the American civil rights 8 movement. 9 (12) There is a long history of civil and social 10 rights movements in the United States and in India. 11 As the relationship between the United States and 12 India evolves, a binational foundation through which 13 the governments of each country can work together 14 and catalyze private investment toward development 15 objectives would provide an ongoing, productive in- 16 stitution and symbol of the friendship and common 17 ideals of the respective governments and their peo- 18 ples. 19 (13) There is a global goal of ending tuber- 20 culosis by 2030, the United States and India seek a 21 TB-Free India by 2025, and the United States-India 22 Gandhi-King Foundation will help address gaps 23 across the TB value chain in prevention, detection, 24 diagnosis, and treatment, and would catalyze mar- 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 5 HR 5517 RFS ket-based strategies to bridge the service gap for the 1 ‘‘last mile’’. 2 (14) Leaders in both countries belonging to 3 both major political parties have prioritized the 4 United States-India relationship and on a bipartisan 5 basis continue to support a strengthened United 6 States-India partnership, recognizing that it will be 7 one of the defining partnerships of the 21st century. 8 SEC. 3. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE. 9 In order to further the shared ideals and values of 10 Mohandas Gandhi and Martin Luther King, Jr, the Sec- 11 retary of State shall establish, in cooperation with the ap- 12 propriate representatives of the Government of India, a 13 professional exchange program known as the ‘‘Gandhi- 14 King Scholarly Exchange Initiative’’. The initiative should 15 be comprised of the following: 16 (1) An annual educational forum for scholars 17 from the United States and India that focuses on 18 the social justice and human and civil rights legacies 19 of Mohandas Gandhi and Martin Luther King, Jr., 20 which shall— 21 (A) be held alternately in the United 22 States and in India; 23 (B) include representatives from govern- 24 ments, nongovernmental organizations, civic or- 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 6 HR 5517 RFS ganizations, and educational, cultural, women’s, 1 civil, and human rights groups, including reli- 2 gious and ethnic minorities and marginalized 3 communities; and 4 (C) focus on studying the works of Gandhi 5 and King, and applying their philosophies of 6 nonviolent resistance to addressing current 7 issues, including poverty alleviation, conflict 8 mitigation, human and civil rights challenges, 9 refugee crises, and threats to democracy and 10 democratic norms in countries around the 11 world. 12 (2) An undergraduate, graduate, and post-grad- 13 uate student exchange for students in the United 14 States and India to— 15 (A) study the history and legacies of Mar- 16 tin Luther King, Jr., and Mohandas Gandhi; 17 (B) visit historic sites in India and the 18 United States that were integral to the Amer- 19 ican civil rights movement and the Indian inde- 20 pendence movement; and 21 (C) research and develop papers on the im- 22 portance of peace, nonviolence, and reconcili- 23 ation in current conflict regions. 24 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 7 HR 5517 RFS SEC. 4. GANDHI-KING GLOBAL ACADEMY. 1 (a) IN GENERAL.—The president and chief executive 2 officer of the United States Institute of Peace shall create 3 a professional development training initiative on conflict 4 resolution tools based on the principles of nonviolence. 5 Such training initiative shall be known as the Gandhi- 6 King Global Academy and shall— 7 (1) target representatives from governments, 8 nongovernmental organizations, civic organizations, 9 and educational, cultural, women’s, civil, and human 10 rights groups, including religious and ethnic minori- 11 ties and marginalized communities in countries with 12 ongoing political, social, ethnic, or violent conflict; 13 (2) include a specific focus on the success of 14 nonviolent movements, inclusion, and representation 15 in conflict resolution; 16 (3) develop a curriculum on conflict resolution 17 tools based on the principles of nonviolence; and 18 (4) make the curriculum publicly available on- 19 line, in person, and through a variety of media. 20 (b) PROHIBITION.—The United States Institute of 21 Peace may not, in the course of any activity authorized 22 by subsection (a), enter into any contract with an outside 23 entity to conduct advocacy on its behalf. 24 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 8 HR 5517 RFS SEC. 5. ESTABLISHMENT OF THE UNITED STATES-INDIA 1 GANDHI-KING DEVELOPMENT FOUNDATION. 2 (a) ESTABLISHMENT.—The Administrator of the 3 United States Agency for International Development 4 (USAID), with the concurrence of the Secretary of State 5 and in coordination with appropriate counterparts in the 6 Government of India, is authorized to establish, on such 7 terms and conditions as are determined necessary and not- 8 withstanding any other provision of law, one or more legal 9 entities to compose the United States-India Gandhi-King 10 Development Foundation (in this section referred to as the 11 ‘‘Foundation’’). Each such legal entity within the Founda- 12 tion shall be organized under the laws of India and shall 13 not be considered to be an agency or establishment of the 14 United States Government and shall not have the full faith 15 and credit of the United States. 16 (b) FUNCTIONS.—The Foundation, through one or 17 more entities referred to in subsection (a)— 18 (1) shall identify development priorities and ad- 19 minister and oversee competitively-awarded grants to 20 private nongovernmental entities to address such 21 priorities in India, including— 22 (A) health initiatives addressing tuber- 23 culosis (TB), water, sanitation, and health 24 (WASH), and pollution and related health im- 25 pacts (PHI); 26 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 9 HR 5517 RFS (B) pollution, plastic waste reduction, and 1 climate-related shocks; 2 (C) education; and 3 (D) empowerment of women; 4 (2) should provide credible platforms and mod- 5 els, including returnable capital to attract and blend 6 public and private capital, which can then be de- 7 ployed efficiently and effectively to address the prior- 8 ities identified in paragraph (1). 9 (c) ADDITIONALITY.— 10 (1) IN GENERAL.—Before an entity within the 11 Foundation makes a grant under subsection (b)(1) 12 to address a priority identified under such sub- 13 section, the Foundation shall ensure that private 14 sector entities are afforded an opportunity to sup- 15 port the projects funded by such grants. 16 (2) SAFEGUARDS, POLICIES, AND GUIDE- 17 LINES.—The Foundation shall develop appropriate 18 safeguards, policies, and guidelines to ensure that 19 grants made under subsection (b)(1) operate accord- 20 ing to internationally recognized best practices and 21 standards. 22 (d) LIMITATIONS.—No party receiving a grant made 23 under subsection (b)(1) may receive such grant in an 24 amount that is more than five percent of amounts appro- 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 10 HR 5517 RFS priated or otherwise made available under section 7(a)(3) 1 to the entity in the Foundation making such grant. 2 (e) GOVERNING COUNCIL.— 3 (1) PURPOSE.—The Government of the United 4 States and the Government of India shall convene a 5 Governing Council to provide guidance and direction 6 to the Foundation. 7 (2) APPOINTMENT OF MEMBERS.—The Admin- 8 istrator of the United States Agency for Inter- 9 national Development, with the concurrence of the 10 Secretary of State, shall appoint a majority of the 11 Governing Council of the Foundation for a period of 12 five years following the establishment of the Founda- 13 tion. 14 (3) CHARTER.—The Governing Council of the 15 Foundation shall adopt a charter for the operation 16 of the Foundation, which shall include provisions 17 to— 18 (A) identify development priorities or a 19 process to identify development priorities; 20 (B) define criteria for application, merit 21 review, and awarding of grants by the Founda- 22 tion; 23 (C) establish an annual organization-wide 24 audit by an independent auditor in accordance 25 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 11 HR 5517 RFS with generally accepted auditing standards, the 1 results of which shall be made immediately 2 available to the Board, the Administrator of the 3 United States Agency for International Devel- 4 opment, and the appropriate Government of 5 India counterpart; 6 (D) assist in the creation of project spe- 7 cific timetables for each of the projects funded 8 by a grant from the Foundation; 9 (E) establish an oversight role and march- 10 in audit rights for the Administrator of the 11 United States Agency for International Devel- 12 opment and the appropriate Government of 13 India counterpart; and 14 (F) establish an annual report on the ac- 15 tivities of the Foundation to be made publicly 16 available. 17 (f) PUBLICLY AVAILABLE PROJECT INFORMATION.— 18 The Foundation shall maintain a user-friendly, publicly 19 available, machine readable database with detailed project 20 level information, as appropriate and to the extent prac- 21 ticable, including a description of the grants made by the 22 Foundation under this section and project level perform- 23 ance metrics. 24 VerDate Sep 11 2014 03:08 Dec 08, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H5517.RFS H5517 pbinns on DSKJLVW7X2PROD with BILLS 12 HR 5517 RFS (g) DETAIL OF UNITED STATES GOVERNMENT PER- 1 SONNEL TO THE FOUNDATION.— 2 (1) IN GENERAL.—Whenever the Administrator 3 of the United States Agency for International Devel- 4 opment or the Secretary of State determines it to be 5 in furtherance of the purposes of this Act, the Ad- 6 ministrator and the Secretary are authorized to de- 7 tail or assign any officer or employee of the Agency 8 or the Department, respectively, to any position in 9 the Foundation to provide technical, scientific, or 10 professional assistance to the Foundation or, in co- 11 operation with the Foundation, to implementing 12 partners of the Foundation, without reimbursement 13 to the United States Government. 14 (2) STATUS.—Any United States Government 15 officer or employee, while detailed or assigned under 16 this subsection, shall be [Text truncated for display. 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