[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2971 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 2971

 To authorize certain authorities by the Department of State, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 29, 2010

   Mr. Kerry introduced the following bill; which was read twice and 
             referred to the Committee on Foreign Relations

_______________________________________________________________________

                                 A BILL


 
 To authorize certain authorities by the Department of State, 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''.

SEC. 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. Definitions.
        TITLE I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                      Subtitle A--General Matters

Sec. 101. International Litigation Fund.
Sec. 102. Actuarial valuations.
Sec. 103. Special agents.
Sec. 104. Accountability review boards.
Sec. 105. Security enhancements for soft targets.
Sec. 106. Enhanced Department of State authority for uniformed security 
                            officers.
Sec. 107. Local guard contracts abroad under diplomatic security 
                            program.
Sec. 108. Overseas procurement flexibility.
Sec. 109. Renaming of Bureau of Oceans and International Environmental 
                            and Scientific Affairs.
Sec. 110. Extension of period for reimbursement for seized commercial 
                            fishermen.
Sec. 111. Authority to issue administrative subpoenas.
Sec. 112. Home-to-work transportation.
Sec. 113. Technical amendment to Federal Workforce Flexibility Act.
Sec. 114. Emergency Refugee and Migration Assistance Account.
                      Subtitle B--Public Diplomacy

Sec. 121. Public diplomacy resource centers.
Sec. 122. Employment of non-citizens for international broadcasting.
Sec. 123. Radio Free Europe and Radio Liberty pay parity.
Sec. 124. Extension of grant authority for Radio Free Asia.
Sec. 125. Personal services contracting program for the Broadcasting 
                            Board of Governors.
Sec. 126. Reauthorization of United States Advisory Commission on 
                            Public Diplomacy.
Sec. 127. Dissemination of public diplomacy information within the 
                            United States.
Sec. 128. Science and technology fellowships.
Sec. 129. Grants for international documentary exchange programs.
           Subtitle C--Consular Services and Related Matters

Sec. 131. Reforming refugee processing.
Sec. 132. Definition of ``use'' in passport and visa offenses.
Sec. 133. Visa ineligibility for international child abduction.
Sec. 134. Vaccination waiver for adopted children.
Sec. 135. Signed photograph requirement for visa applications.
Sec. 136. Electronic transmission of domestic violence information to 
                            visa applicants.
Sec. 137. Sibling adoptions.
Sec. 138. Passport execution fee.
Sec. 139. Fraud prevention and detection fees.
Sec. 140. Technical amendments relating to the Intelligence Reform and 
                            Terrorism Prevention Act of 2004.
    TITLE II--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

            Subtitle A--Modernizing the Department of State

Sec. 201. Creation of a modern and expeditionary Foreign Service.
Sec. 202. Conflict prevention, mitigation, and resolution training.
            Subtitle B--Foreign Services Overseas Pay Equity

Sec. 211. Short title.
Sec. 212. Overseas comparability pay adjustment.
          Subtitle C--Other Organization and Personnel Matters

Sec. 221. Death gratuity.
Sec. 222. Expansion and extension of annuitant waiver for response 
                            readiness corps.
Sec. 223. Reemployment of annuitants.
Sec. 224. Locally employed staff.
Sec. 225. Repeal of recertification requirement for senior foreign 
                            service.
Sec. 226. Foreign relations exchange programs.
Sec. 227. Enhanced personnel authorities for the inspector general of 
                            the department of State.
Sec. 228. Personal services contractors.
Sec. 229. Amendment to the Foreign Service Act of 1980.
                 TITLE III--INTERNATIONAL ORGANIZATIONS

Sec. 301. Promoting assignments to international organizations.
Sec. 302. Synchronization of United States contributions to 
                            international organizations.
Sec. 303. Peacekeeping contributions.
Sec. 304. Buying power maintenance, international organizations.
Sec. 305. United States participation in the Inter-Parliamentary Union.
Sec. 306. Provision of living quarters and allowances to the United 
                            States representatives to the United 
                            Nations.
                   TITLE IV--MISCELLANEOUS PROVISIONS

Sec. 401. Limitation on assistance to governments of countries in 
                            default.
Sec. 402. Increased authority to provide assistance for law enforcement 
                            forces.
Sec. 403. Building public awareness and dialogue.
Sec. 404. Exception to certain multiple award contract requirements.
Sec. 405. Millennium challenge assistance.
Sec. 406. Enhancing the capacity of the Office of the Inspector General 
                            for the United States Agency for 
                            International Development.
Sec. 407. Prohibitions on foreign assistance for the production of 
                            certain agricultural commodities.
                TITLE V--AUTHORIZATION OF APPROPRIATIONS

Sec. 501. Authorization of appropriations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Relations of the Senate and the Committee on Foreign 
        Affairs of the House of Representatives.
            (2) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of State.

        TITLE I--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

                      Subtitle A--General Matters

SEC. 101. INTERNATIONAL LITIGATION FUND.

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

SEC. 102. ACTUARIAL VALUATIONS.

    (a) Authority of Secretary of State To Make Actuarial Valuations.--
Section 818 of the Foreign Service Act of 1980 (22 U.S.C. 4058) is 
amended--
            (1) in the first sentence, by striking ``Secretary of the 
        Treasury'' and inserting ``Secretary of State''; and
            (2) by amending the second sentence to read as follows: 
        ``The Secretary of State may expend such sums as may be 
        necessary to administer the provisions of this chapter, 
        including actuarial advice, but only to the extent and in such 
        amounts as are provided in advance in appropriations acts.''.
    (b) Authority of Secretary of State To Determine Portion of Foreign 
Service Retirement and Disability Fund Available for Investment.--
Section 819 of such Act (22 U.S.C. 4059) is amended by striking 
``Secretary of the Treasury'' the second place it appears and inserting 
``Secretary of State''.
    (c) Authority of Secretary of State To Prescribe Mortality 
Tables.--Section 825(b) of such Act (22 U.S.C. 4065(b)) is amended--
            (1) by striking ``subsection (a) (2), (3), or (4)'' and 
        inserting ``paragraph (2), (3), or (4) of subsection (a)''; and
            (2) by striking ``Secretary of the Treasury'' and inserting 
        ``Secretary of State''.
    (d) Authority of Secretary of State To Make Periodic Valuations.--
Section 859(c) of the Foreign Service Act of 1980 (22 U.S.C. 4071h(c)) 
is amended--
            (1) by striking ``Secretary of the Treasury'' and inserting 
        ``Secretary of State''; and
            (2) by striking ``and shall advise the Secretary of State 
        of (1) the normal cost of the System, (2) the supplemental 
        liability of the System, and (3) the amounts necessary to 
        finance the costs of the System.'' and inserting the following: 
        ``that will provide--
            ``(1) the normal cost of the System;
            ``(2) the supplemental liability of the System; and
            ``(3) the amounts necessary to finance the costs of the 
        System.''.

SEC. 103. SPECIAL AGENTS.

    Section 37 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2709) is amended--
            (1) in subsection (a), by amending paragraph (1) 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, or authorities 
                of the Department of State; and
                    ``(C) Federal offenses committed within the special 
                maritime and territorial jurisdiction of the United 
                States (as such term is defined in section 7(9) of 
                title 18, United States Code), except as that 
                jurisdiction relates to the premises of United States 
                military installations and related residences;''; and
            (2) by adding at the end the following:
    ``(d) Rule of Construction.--Nothing in subsection (a)(1) may be 
construed to limit the investigative authority of any other Federal 
department or agency.''.

SEC. 104. ACCOUNTABILITY REVIEW BOARDS.

    Section 301(a)(3) of the Omnibus Diplomatic Security and 
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
            (1) in the paragraph heading, by striking ``Afghanistan 
        and'' and inserting ``Afghanistan, pakistan, and''; and
            (2) in subparagraph (A)--
                    (A) in clause (i), by striking ``Afghanistan or'' 
                and inserting ``Afghanistan, Pakistan, or''; and
                    (B) in clause (ii), by striking ``2009'' and 
                inserting ``2012''.

SEC. 105. SECURITY ENHANCEMENTS FOR SOFT TARGETS.

    Section 29 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2701) is amended by inserting ``physical security 
enhancements and'' after ``Such assistance may include''.

SEC. 106. ENHANCED DEPARTMENT OF STATE AUTHORITY FOR UNIFORMED SECURITY 
              OFFICERS.

    The State Department Basic Authorities Act of 1956 is amended by 
inserting after section 37 (22 U.S.C. 2709) the following:

``SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE UNITED STATES BY 
              UNIFORMED GUARDS.

    ``(a) Enforcement Authorities for Uniformed Guards.--The Secretary 
of State may authorize Department of State uniformed guards to protect 
buildings and areas within the United States for which the Department 
of State provides protective services, including duty in areas outside 
the property to the extent necessary to protect the property and 
persons in that area.
    ``(b) Powers of Guards.--While engaged in the performance of 
official duties as a uniformed guard under subsection (a), a guard 
may--
            ``(1) enforce Federal laws and regulations for the 
        protection of persons and property;
            ``(2) carry firearms; and
            ``(3) make arrests without warrant for--
                    ``(A) any offense against the United States 
                committed in the guard's presence; or
                    ``(B) any felony cognizable under the laws of the 
                United States if the guard has reasonable grounds to 
                believe that the person to be arrested has committed, 
                or is committing, such felony in connection with the 
                buildings, areas, or persons, for which the Department 
                of State is providing protective services.
    ``(c) Regulations.--
            ``(1) In general.--The Secretary of State, in consultation 
        with the Secretary of Homeland Security, may prescribe such 
        regulations as may be necessary for the administration of 
        buildings and areas within the United States for which the 
        Department of State provides protective services, including 
        reasonable penalties for violations of such regulations, within 
        the limits prescribed in subsection (d).
            ``(2) Posting.--The regulations prescribed under paragraph 
        (1) shall be posted in a conspicuous place on the property.
    ``(d) Penalties.--A person violating a regulation prescribed under 
subsection (c) shall be fined under title 18, United States Code, 
imprisoned for not more than 6 months, or both.
    ``(e) Attorney General Approval.--The powers granted to guards 
designated under this section shall be exercised in accordance with 
guidelines approved by the Attorney General.
    ``(f) Relationship to Other Authority.--Nothing in this section may 
be construed to affect the authority of the Secretary of Homeland 
Security, the Administrator of General Services, or any Federal law 
enforcement agency.''.

SEC. 107. LOCAL GUARD CONTRACTS ABROAD UNDER DIPLOMATIC SECURITY 
              PROGRAM.

    (a) In General.--Section 136(c)(3) of the Foreign Relations 
Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864(c)(3)) is 
amended to read as follows:
            ``(3) in evaluating proposals for such contracts, award 
        contracts to technically acceptable firms offering the lowest 
        evaluated price, except that--
                    ``(A) the Secretary may award contracts on the 
                basis of best value (as determined by a cost-technical 
                tradeoff analysis); and
                    ``(B) proposals received from United States persons 
                and qualified United States joint venture persons shall 
                be evaluated by reducing the bid price by 10 
                percent;''.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to Congress that 
describes the implementation of section 136(c)(3) of the Foreign 
Relations Authorization Act, Fiscal Years 1990 and 1991, as amended by 
subsection (a).

SEC. 108. OVERSEAS PROCUREMENT FLEXIBILITY.

    Section 3 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2670) is amended by--
            (1) in subsection (l), by striking ``and'' at the end;
            (2) in subsection (m), by striking the period at the end 
        and inserting ``; and''; and
            (3) adding at the end the following:
    ``(n) make and carry out contracts for procurement outside the 
United States of goods or services needed for the operation of United 
States diplomatic and consular posts and related facilities outside the 
United States, provided that--
            ``(1) laws of the United States relating to the 
        negotiation, making, contents, or performance of government 
        contracts for goods or services, and advance payments and 
        indemnification in relation to such contracts shall apply with 
        respect to such contracts except to the extent that the 
        Secretary determines (other than for section 27 of the Office 
        of Federal Procurement Policy Act (41 U.S.C. 423)) that the 
        Secretary could not reasonably meet the need of a post or 
        facility for such goods and services by use of authority 
        available to the Secretary under a law other than this 
        subsection;
            ``(2) the Secretary shall--
                    ``(A) issue guidance addressing use of this 
                authority; and
                    ``(B) require written approval to waive specific 
                laws or procurement regulations under this authority by 
                the Procurement Executive (without further delegation); 
                and
            ``(3) no individual contract action entered into under this 
        authority shall exceed $2,000,000 unless approved in writing by 
        the Chief Acquisition Officer of the Department of State 
        (without further delegation).''.

SEC. 109. RENAMING OF BUREAU OF OCEANS AND INTERNATIONAL ENVIRONMENTAL 
              AND SCIENTIFIC AFFAIRS.

    (a) Department of State Appropriations Authorization Act of 1973.--
Section 9(a) of the Department of State Appropriations Authorization 
Act of 1973 (22 U.S.C. 2655a) is amended by striking ``Oceans and 
International Environmental and Scientific Affairs'' each place it 
appears and inserting ``Oceans, Environment, and Science''.
    (b) Foreign Assistance Act of 1961.--Section 607(d) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2357(d)) is amended by striking 
``Oceans and International Environmental and Scientific Affairs'' and 
inserting ``Oceans, Environment, and Science''.
    (c) Clean Air Act.--Section 617(a) of the Clean Air Act (42 U.S.C. 
7671p(a)) is amended by striking ``Oceans and International 
Environmental and Scientific Affairs'' and inserting ``Oceans, 
Environment, and Science''.

SEC. 110. EXTENSION OF PERIOD FOR REIMBURSEMENT FOR SEIZED COMMERCIAL 
              FISHERMEN.

    Section 7(e) of the Fishermen's Protective Act of 1967 (22 U.S.C. 
1977(e)) is amended by striking ``2008'' and inserting ``2013''.

SEC. 111. AUTHORITY TO ISSUE ADMINISTRATIVE SUBPOENAS.

    Section 3486 of title 18, United States Code, is amended--
            (1) in subsection (a)--
                    (A) paragraph (1)(A)--
                            (i) in the matter preceding clause (i), by 
                        striking ``of'' and inserting ``to'';
                            (ii) in clause (i)(II), by striking ``or'' 
                        at the end;
                            (iii) in clause (ii), by striking the comma 
                        at the end and inserting a semicolon; and
                            (iv) by inserting after clause (ii) the 
                        following:
                            ``(iii) an offense under section 878, or a 
                        threat against a person, foreign mission or 
                        organization authorized to receive protection 
                        by special agents of the Department of State 
                        and the Foreign Service under section 37(a)(3) 
                        of the State Department Basic Authorities Act 
                        of 1956 (22 U.S.C. 2709(a)(3)) if the Assistant 
                        Secretary for Diplomatic Security or the 
                        Director of the Diplomatic Security Service 
                        determines that the threat constituting the 
                        offense or threat against the person or place 
                        protected is imminent, the Secretary of State; 
                        or
                            ``(iv) an offense under chapter 75, the 
                        Secretary of State,'';
                    (B) by amending paragraph (9) to read as follows:
    ``(9) A subpoena issued under clause (i)(II), (ii), (iii), or (iv) 
of paragraph (1)(A) may require production as soon as possible, but in 
no event less than 24 hours after service of the subpoena.''; and
                    (C) by adding at the end the following:
    ``(11) As soon as practicable following the issuance of a subpoena 
under paragraph (1)(A)(iii), the Secretary of State shall notify the 
Attorney General of such issuance.''; and
            (2) in subsection (e)(1), by adding at the end the 
        following: ``This subsection shall only apply to administrative 
        subpoenas issued under subsection (a)(1)(A)(i).''.

SEC. 112. HOME-TO-WORK TRANSPORTATION.

    Section 1344(b)(4) of title 31, United States Code, is amended by 
inserting ``the Deputy Secretary of State, the Deputy Secretary of 
State for Management and Resources,'' before ``principal diplomatic''.

SEC. 113. TECHNICAL AMENDMENT TO FEDERAL WORKFORCE FLEXIBILITY ACT.

    Chapter 57 of title 5, United States Code, is amended--
            (1) in section 5753(a)(2)(A), by inserting ``, excluding 
        members of the Foreign Service other than chiefs of mission, 
        ambassadors at large, and other members of the Foreign Service 
        subject to examinations under section 302(b) of the Foreign 
        Service Act of 1980 (22 U.S.C. 3941(b))'' before the semicolon 
        at the end; and
            (2) in section 5754(a)(2)(A), by inserting ``, excluding 
        members of the Foreign Service other chiefs of mission, 
        ambassadors at large, and other members of the Foreign Service 
        subject to examinations under section 302(b) of the Foreign 
        Service Act of 1980 (22 U.S.C. 3941(b))'' before the semicolon 
        at the end.

SEC. 114. EMERGENCY REFUGEE AND MIGRATION ASSISTANCE ACCOUNT.

    Section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 
(22 U.S.C. 2601(c)(2)) is amended by striking ``$100,000,000'' and 
inserting ``$200,000,000''.

                      Subtitle B--Public Diplomacy

SEC. 121. PUBLIC DIPLOMACY RESOURCE CENTERS.

    (a) Findings.--Congress finds that--
            (1) of the 177 information resource centers operated by the 
        Department of State as of February 2009--
                    (A) 87 (49 percent) operated on a ``by appointment 
                only'' basis; and
                    (B) 18 (11 percent) did not permit any public 
                access;
            (2) information resource centers located outside United 
        States embassy compounds receive significantly more visitors 
        than the centers located inside such compounds, including--
                    (A) twice the number of visitors in Africa;
                    (B) 6 times more visitors in the Middle East; and
                    (C) 22 times more visitors in Asia; and
            (3) Iran has increased the number of similar Iranian 
        facilities, known as Iranian Cultural Centers, to about 60 
        throughout the world.
    (b) Sense of Congress.--It is the sense of the Congress that--
            (1) the Secretary of State should initiate a reexamination 
        of the public diplomacy platform strategy of the United States 
        with a goal of reestablishing publicly accessible American 
        Centers;
            (2) after taking into account relevant security 
        considerations, the Secretary of State should consider placing 
        United States public diplomacy facilities at locations 
        conducive to maximizing their use, consistent with the 
        authority given to the Secretary under section 606(a)(2)(B) of 
        the Secure Embassy Construction and Counterterrorism Act of 
        1999 (22 U.S.C. 4865(a)(2)(B)) to waive certain requirements of 
        that Act.

SEC. 122. EMPLOYMENT OF NON-CITIZENS FOR INTERNATIONAL BROADCASTING.

    Section 804(1) of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1474(1)) is amended by striking 
``suitably qualified United States citizens'' and inserting ``United 
States citizens applicants who are equally or better qualified than 
non-United States citizen applicants''.

SEC. 123. RADIO FREE EUROPE AND RADIO LIBERTY PAY PARITY.

    Section 308(h)(1) of the United States International Broadcasting 
Act of 1994 (22 U.S.C. 6207(h)(1)) is amended--
            (1) in subparagraph (A)--
                    (A) by striking ``or (C)''; and
                    (B) by inserting ``(or level II of the Executive 
                Schedule under section 5313 of such title, if the Board 
                certifies that the employees are covered by a 
                performance appraisal system meeting the certification 
                criteria under section 5307(d) of such title)'' before 
                the period at the end; and
            (2) by striking subparagraph (C).

SEC. 124. EXTENSION OF GRANT AUTHORITY FOR RADIO FREE ASIA.

    Section 309(f) of the United States International Broadcasting Act 
of 1994 (22 U.S.C. 6208(f)) is amended by striking ``September 30, 
2010'' and inserting ``September 30, 2011''.

SEC. 125. PERSONAL SERVICES CONTRACTING PROGRAM FOR THE BROADCASTING 
              BOARD OF GOVERNORS.

    Section 504 of the Foreign Relations Authorization Act, Fiscal Year 
2003 (Public Law 107-228; 22 U.S.C. 6206 note) is amended--
            (1) in the section heading, by striking ``pilot'';
            (2) in subsection (a)--
                    (A) by striking ``pilot'';
                    (B) by striking ``, without regard to Civil Service 
                and classification laws,''; and
                    (C) by adding at the end the following: ``A 
                personal services contractor hired pursuant to this 
                section shall not be considered a Federal employee (as 
                defined under section 2105 of title 5, United States 
                Code) for any purpose.'';
            (3) in subsection (b), by adding at the end the following:
            ``(5) The annual salary rate for personal services 
        contractors may not exceed the rate for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code.''; and
            (4) in subsection (c)--
                    (A) by striking ``the pilot program authorized by 
                this section'' and inserting ``the program''; and
                    (B) by striking ``December 31, 2009'' and inserting 
                ``December 31, 2011''.

SEC. 126. REAUTHORIZATION OF UNITED STATES ADVISORY COMMISSION ON 
              PUBLIC DIPLOMACY.

    Section 1334 of the Foreign Affairs Reform and Restructuring Act of 
1998 (22 U.S.C. 6553) is amended by striking ``October 1, 2010'' and 
inserting ``October 1, 2011''.

SEC. 127. DISSEMINATION OF PUBLIC DIPLOMACY INFORMATION WITHIN THE 
              UNITED STATES.

    Section 501(b) of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1461) is amended--
            (1) in paragraph (1), by striking ``Director of the United 
        States Information Agency'' and inserting ``Secretary of 
        State'';
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively;
            (3) by inserting after paragraph (1) the following:
    ``(2) The Broadcasting Board of Governors may make available to the 
Archivist of the United States, for domestic distribution, motion 
pictures, films, videotape, and other material prepared by the 
Broadcasting Board of Governors for dissemination abroad 2 years after 
the initial dissemination of the material abroad, or in the case of 
such material not disseminated abroad, 2 years after the preparation of 
the material.''; and
            (4) by amending paragraph (3), as redesignated, to read as 
        follows:
    ``(3) The Secretary of State and the Broadcasting Board of 
Governors shall be reimbursed for any attendant expenses. Any 
reimbursement to the Secretary or the Broadcasting Board of Governors 
under this paragraph shall be credited to the applicable appropriation 
of the Department of State or the Broadcasting Board of Governors.''.

SEC. 128. SCIENCE AND TECHNOLOGY FELLOWSHIPS.

    (a) In General.--Under the authority, direction, and control of the 
President, the Secretary of State, in accordance with the Mutual 
Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.), 
may increase the number of educational and cultural exchange activities 
involving persons from scientific, medicine, research, and academic 
sectors by--
            (1) establishing new programs under such Act; and
            (2) expanding the coverage of existing programs under such 
        Act.
    (b) Science Envoy Program.--Section 504 of the Foreign Relations 
Authorization Act, Fiscal Year 1979 (22 U.S.C. 2656d), is amended by 
adding at the end the following:
    ``(e)(1) The Secretary may award grants and enter into cooperative 
agreements related to science and technology fellowship programs of the 
Department of State, including for assistance in recruiting fellows and 
the payment of stipends, travel, and other appropriate expenses to 
fellows.
    ``(2) Grants awarded under this subsection may be--
            ``(A) part of the United States Science Envoy program; and
            ``(B) used to select our Nation's preeminent scientists, 
        Nobel laureates, and leaders in technology who will travel 
        overseas to represent the commitment of the United States to 
        collaborate with other countries to promote the advancement of 
        science and technology throughout the world based on issues of 
        common interest and expertise.
    ``(3) Stipends awarded under this subsection shall not be 
considered compensation for purposes of section 209 of title 18, United 
States Code.
    ``(4) The total amount of grants awarded under this subsection 
shall not exceed $2,000,000 in any fiscal year.''.

SEC. 129. GRANTS FOR INTERNATIONAL DOCUMENTARY EXCHANGE PROGRAMS.

    (a) Assistance.--The Secretary of State may award grants, on such 
terms and conditions as the Secretary may determine, to United States 
film makers and nongovernmental organizations that use independently 
produced documentary films to promote better understanding of--
            (1) the United States among individuals in other countries; 
        and
            (2) global perspectives and other countries among 
        individuals in the United States.
    (b) Use of Grant Funds.--Grants awarded under subsection (a) shall, 
to the maximum extent practicable, be used--
            (1) to fund, distribute, and promote documentary films 
        that--
                    (A) convey a diversity of views about life in the 
                United States to foreign audiences; and
                    (B) bring insightful foreign perspectives to United 
                States audiences;
            (2) to support--
                    (A) the production of documentaries described in 
                paragraph (1) that are made by independent foreign and 
                domestic producers, selected through a peer review 
                process; and
                    (B) the distribution and screening of such 
                documentaries in diverse locations throughout the 
                United States;
            (3) to develop a network of overseas partners to produce, 
        distribute, and broadcast such documentaries according to the 
        allowable rights of each program; and
            (4) to help distribute foreign documentaries in the United 
        States.
    (c) Preference Factors.--In awarding grants under this section, the 
Secretary shall give preference to nongovernmental organizations that--
            (1) are as cost effective as possible; and
            (2) have experience supporting independently produced 
        documentary films.
    (d) Report.--Not later than 2 years after the date of the enactment 
of this Act, the Secretary shall submit a report to Congress that 
describes in detail the implementation of this section.
    (e) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated for Educational and Cultural Exchange Programs under 
section 101(6), there is authorized to be appropriated to the Secretary 
of State such sums as may be necessary for each of fiscal years 2010 
and 2011 to carry out this section.

           Subtitle C--Consular Services and Related Matters

SEC. 131. REFORMING REFUGEE PROCESSING.

    (a) Family Reunification.--
            (1) Multiple forms of relief.--Section 207(c)(1) of the 
        Immigration and Nationality Act (8 U.S.C. 1157(c)(1)) is 
        amended by adding at the end ``Applicants for admission as 
        refugees under this section may simultaneously pursue admission 
        under any visa category for which such applicants may be 
        eligible.''.
            (2) Separated children.--Section 207(c)(2) of the 
        Immigration and Nationality Act (8 U.S.C. 1157(c)(2)) is 
        amended--
                    (A) in subparagraph (A), by striking the last 
                sentence;
                    (B) by redesignating subparagraph (B) as 
                subparagraph (D); and
                    (C) by inserting after subparagraph (A) the 
                following:
    ``(B) A child who is younger than 18 years of age on the date of 
the child's application for admission as a refugee shall be admitted as 
a refugee if not otherwise entitled to such admission if--
            ``(i) such child is an orphan because of the death or 
        disappearance of, abandonment or desertion by, or separation or 
        loss from, both parents, or for whom the sole or surviving 
        parent is incapable of providing the proper care and has 
        relinquished physical custody of the child;
            ``(ii) such child is in the physical custody of, and living 
        under the care of, an alien approved for admission to the 
        United States as a refugee under paragraph (1);
            ``(iii) it is in the best interest of such child to be 
        placed with the alien described in clause (ii);
            ``(iv) such child is not a person described in the second 
        sentence of section 101(a)(42); and
            ``(v) such child is otherwise admissible under paragraph 
        (3).''.
            (3) Children of refugee spouses.--
                    (A) Refugees.--Section 207(c) of the Immigration 
                and Nationality Act (8 U.S.C. 1157(c)) is amended--
                            (i) in paragraph (2)--
                                    (I) by inserting after subparagraph 
                                (B), as added by paragraph (2), the 
                                following:
    ``(C) If a person granted refugee status under subparagraph (A) 
proves that he or she is the birth parent or adoptive parent of a child 
and such child was under the age of 21 on the date the parent was 
granted such status, such child shall be eligible for admission as a 
refugee if the child--
            ``(i) is accompanying or following to join such parent;
            ``(ii) is not a person described in the second sentence of 
        section 101(a)(42); and
            ``(iii) is admissible (except as otherwise provided under 
        paragraph (3)).''; and
                                    (II) by adding at the end the 
                                following:
    ``(E) The admission of a person as a refugee under this paragraph 
shall be charged against the numerical limitation established in 
accordance with the appropriate subsection under which the principal 
refugee's admission is charged.''; and
                            (ii) in paragraph (4), by inserting ``or 
                        the spouse's child'' after ``of the alien''.
                    (B) Asylees.--Section 208(b)(3) of the Immigration 
                and Nationality Act (8 U.S.C. 1158(b)(3)) is amended--
                            (i) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (ii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) Eligibility of child to join parent.--If an 
                alien who qualifies for asylee status under 
                subparagraph (A) as the spouse of an alien who has been 
                granted asylum under this subsection proves that he or 
                she is the birth parent or adoptive parent of a child 
                and such child was under the age of 21 on the date the 
                parent was granted such status, such child shall be 
                granted asylee status if the child--
                            ``(i) is accompanying or following to join 
                        such parent; and
                            ``(ii) is otherwise admissible.''.
    (b) Adjustments of Status of Refugees.--Section 209 of the 
Immigration and Nationality Act (8 U.S.C. 1159) is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Requirements for Adjustment of Status of Refugee.--
            ``(1) In general.--The Secretary of Homeland Security or 
        the Attorney General, in the discretion of the Secretary or the 
        Attorney General and under such regulations as the Secretary or 
        the Attorney General may prescribe, may adjust the status of 
        any alien admitted as a refugee under section 207 to the status 
        of an alien lawfully admitted for permanent residence if the 
        alien--
                    ``(A) applies for such adjustment;
                    ``(B) has been physically present in the United 
                States for at least 1 year after being admitted as a 
                refugee;
                    ``(C) is not firmly resettled in any foreign 
                country;
                    ``(D) has not had his or her refugee status 
                terminated by the Secretary of Homeland Security under 
                section 207(c)(4);
                    ``(E) is not, as of the date of application for 
                adjustment, the subject of a procedure to terminate 
                refugee status, pursuant to such regulations as the 
                Secretary of Homeland Security may prescribe; and
                    ``(F) is admissible (except as otherwise provided 
                under subsection (c)) as an immigrant under this Act at 
                the time of examination for adjustment of such alien.
            ``(2) Record.--Notwithstanding any numerical limitation 
        under this Act, the Secretary of Homeland Security or the 
        Attorney General shall, upon the approval of an application 
        under paragraph (1), establish a record of the alien's 
        admission for lawful permanent residence as of--
                    ``(A) the date of such alien's admission as a 
                refugee, if the alien applies for adjustment not later 
                than 2 years after the date of admission as a refugee; 
                or
                    ``(B) the date of the application for adjustment in 
                all other cases.''; and
            (2) in subsection (c), by adding at the end ``An 
        application for adjustment under this section may be filed up 
        to 3 months before the date on which the applicant would first 
        otherwise be eligible for adjustment under this section.''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the first fiscal year that begins after 
the date of the enactment of this Act.

SEC. 132. DEFINITION OF ``USE'' IN PASSPORT AND VISA OFFENSES.

    Chapter 75 of title 18, United States Code, is amended--
            (1) in the table of sections, by inserting before the item 
        relating to section 1541 the following:

``1540. Meaning of `use' and `uses'.'';
        and
            (2) by inserting before section 1541 the following:
``Sec. 1540. Meaning of `use' and `uses'
    ``For purposes of this chapter, the terms `use' and `uses' shall be 
given their plain meaning, including use for identification 
purposes.''.

SEC. 133. VISA INELIGIBILITY FOR INTERNATIONAL CHILD ABDUCTION.

    Section 212(a)(10)(C)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1182(a)(10)(C)(iii)) is amended--
            (1) in subclause (I), by adding ``or'' at the end;
            (2) in subclause (II), by striking ``; or'' at the end and 
        inserting a period; and
            (3) by striking subclause (III).

SEC. 134. VACCINATION WAIVER FOR ADOPTED CHILDREN.

    Section 212(a)(1)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(1)(C)(ii)) is amended by striking ``section 
101(b)(1)(F),'' and inserting ``subparagraph (F) or (G) of section 
101(b)(1);''.

SEC. 135. SIGNED PHOTOGRAPH REQUIREMENT FOR VISA APPLICATIONS.

    Section 221(b) of the Immigration and Nationality Act (8 U.S.C. 
1201(b)) is amended by striking ``signed by him''.

SEC. 136. ELECTRONIC TRANSMISSION OF DOMESTIC VIOLENCE INFORMATION TO 
              VISA APPLICANTS.

    Section 833(a)(5)(A) of the Violence Against Women and Department 
of Justice Reauthorization Act of 2005 (8 U.S.C. 1375a(a)(5)(A)) is 
amended by adding at the end the following:
                            ``(iv) Subject to such regulations as the 
                        Secretary of State may prescribe, mailings 
                        required under this subsection may be 
                        transmitted by electronic means if an applicant 
                        consents to electronic service.''.

SEC. 137. SIBLING ADOPTIONS.

    Section 101(b)(1)(G) of the Immigration and Nationality Act (8 
U.S.C. 1101(b)(1)(G)) is amended--
            (1) by redesignating clause (ii) as subclause (VI);
            (2) by striking ``25 years of age'' and all that follows 
        through ``if--'' and inserting ``25 years of age, if--'';
            (3) by striking ``a child under the age of sixteen'' and 
        inserting the following ``a child who--
                            ``(i) is younger than 16 years of age'';
            (4) in subclause (VI), as redesignated, by striking the 
        period at the end and inserting ``; or''; and
            (5) by adding at the end the following:
                            ``(ii) subject to the same conditions as in 
                        clause (i), except with respect to the age of 
                        the child--
                                    ``(I) is a natural sibling of a 
                                child described in clause (i), 
                                subparagraph (E)(i), or subparagraph 
                                (F)(i);
                                    ``(II) has been adopted abroad, or 
                                is coming to the United States for 
                                adoption, by the adoptive parent (or 
                                prospective adoptive parent) or parents 
                                of the sibling described in clause (i), 
                                subparagraph (E)(i), or subparagraph 
                                (F)(i); and
                                    ``(III) is younger than 18 years of 
                                at the time a petition is filed in his 
                                or her behalf to accord a 
                                classification as an immediate relative 
                                under section 201(b).''.

SEC. 138. PASSPORT EXECUTION FEE.

    Section 1(a) of the Act of June 4, 1920 (22 U.S.C. 214(a)) is 
amended by striking ``and a fee, prescribed by the Secretary of State 
by regulation, for executing each such application except that the'' 
and inserting ``. There shall also be collected a fee, prescribed by 
the Secretary of State by regulation, for executing each such 
application, which, for applications filed at passport facilities 
opened after October 1, 2008, shall be deposited as an offsetting 
collection to the appropriate Department of State appropriation, to 
remain available until expended to recover the costs of passport 
processing. The''.

SEC. 139. FRAUD PREVENTION AND DETECTION FEES.

    Section 286(v)(2)(A) of the Immigration and Nationality Act (8 
U.S.C. 1356(v)(2)(A)) is amended--
            (1) in the matter preceding clause (i), by striking ``at 
        United States embassies and consulates abroad'';
            (2) in clause (ii)--
                    (A) by striking ``primarily''; and
                    (B) by striking ``or pursuant to the terms of a 
                memorandum of understanding or other agreement between 
                the Secretary of State and the Secretary of Homeland 
                Security; and'' and inserting ``, as appropriate;'';
            (3) by redesignating clause (iii) as clause (iv); and
            (4) by inserting after clause (ii) the following:
                            ``(iii) to purchase, lease, construct, and 
                        operate facilities for the processing of visas 
                        described in subparagraph (H)(i), (H)(ii), or 
                        (L) of section 101(a)(15); and''.

SEC. 140. TECHNICAL AMENDMENTS RELATING TO THE INTELLIGENCE REFORM AND 
              TERRORISM PREVENTION ACT OF 2004.

    Title VII of the Intelligence Reform and Terrorism Prevention Act 
of 2004 (Public Law 108-458) is amended--
            (1) in section 7201(c)(1), by inserting ``and the 
        Department of State'' after ``used by the Department of 
        Homeland Security''; and
            (2) in section 7209(d) (8 U.S.C. 1185 note), by striking 
        ``the Secretary, in conjunction with the Secretary of Homeland 
        Security'' and inserting ``the Secretary of Homeland Security, 
        in consultation with the Secretary of State''.

    TITLE II--ORGANIZATION AND PERSONNEL OF THE DEPARTMENT OF STATE

            Subtitle A--Modernizing the Department of State

SEC. 201. CREATION OF A MODERN AND EXPEDITIONARY FOREIGN SERVICE.

    (a) Targeted Expansion of Foreign Service.--The Secretary of State 
shall expand the Foreign Service to--
            (1) fill vacancies, particularly overseas vacancies that 
        are critical to key United States foreign policy and national 
        security interests, to prevent crises from emerging;
            (2) increase the capacity of the Department of State to 
        assign and deploy Foreign Service officers and other personnel 
        to prevent, mitigate, and respond to international crises and 
        instability in foreign countries that threaten key United 
        States foreign policy and national security interests; and
            (3) ensure that members of the Foreign Service, before 
        beginning assignments that require additional or improved 
        skills--
                    (A) receive language, security, area, and other 
                training that is necessary to successfully execute 
                their responsibilities in their new assignments; and
                    (B) have the opportunity to obtain advanced and 
                other education that will increase the capacity of the 
                Foreign Service to complete its mission.
    (b) Authorized Personnel Increases.--
            (1) Department of state.--The Secretary of State is 
        authorized to increase the number of members of the Foreign 
        Service--
                    (A) by 750 above attrition during fiscal year 2010; 
                and
                    (B) by an additional 750 above attrition during 
                fiscal year 2011.
            (2) USAID.--In addition to the personnel increases 
        authorized under paragraph (1), the Administrator of the United 
        States Agency for International Development (USAID) is 
        authorized to increase the number of members of the Foreign 
        Service employed by USAID--
                    (A) by 350 above attrition during fiscal year 2010; 
                and
                    (B) by an additional 350 above attrition during 
                fiscal year 2011.
            (3) Rule of construction.--Nothing in this subsection may 
        be construed to limit the authority of the Secretary of State 
        or the Administrator of the United States Agency for 
        International Development to hire personnel.
    (c) Training.--Section 708 of the Foreign Service Act of 1980 (22 
U.S.C. 4028) is amended by adding at the end the following:
    ``(d) The Secretary of State shall ensure that members of the 
Service, before receiving assignments that require new and improved 
skills--
            ``(1) receive language, security, area, and other training 
        that is necessary to successfully execute their 
        responsibilities in their new assignments; and
            ``(2) have opportunities during their careers to obtain 
        advanced education and training in academic and other relevant 
        institutions in the United States and in other countries to 
        increase the capacity of the Service to fulfill its mission.''.

SEC. 202. CONFLICT PREVENTION, MITIGATION, AND RESOLUTION TRAINING.

    (a) In General.--Section 708 of the Foreign Service Act of 1980, as 
amended by section 301(d), is further amended by adding at the end the 
following:
    ``(e) The Secretary of State shall ensure that relevant officers of 
the Foreign Service deploying to areas undergoing significant conflict 
or considered to be at risk of significant conflict receive appropriate 
advanced training in conflict prevention, mitigation, and resolution, 
including an understanding of--
            ``(1) peace processes, negotiations, and decision-making;
            ``(2) patterns of escalation;
            ``(3) country and region-specific issues, including 
        resource allocation, as contributing factors to peace or 
        conflict; and
            ``(4) how to function successfully when--
                    ``(A) public order has been undermined by 
                instability; or
                    ``(B) there is no civil authority that can 
                effectively provide public safety.''.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to the appropriate 
congressional committees that describes the efforts made by the 
Department of State to further expand and facilitate conflict 
prevention, mitigation, and resolution training.

            Subtitle B--Foreign Services Overseas Pay Equity

SEC. 211. SHORT TITLE.

    This subtitle may be cited as the ``Foreign Service Overseas Pay 
Equity Act of 2009''.

SEC. 212. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    (a) Overseas Comparability Pay Adjustment.--
            (1) In general.--Chapter 4 of title I of the Foreign 
        Service Act of 1980 (22 U.S.C. 3961 et seq.) is amended by 
        adding at the end the following:

``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    ``(a) In General.--A member of the Service who is designated class 
1 or below for purposes of section 403 and whose official duty station 
is neither in the continental United States nor in a nonforeign area 
shall receive, in accordance with the phase-in schedule set forth in 
subsection (c), a locality-based comparability payment (stated as a 
percentage) equal to the locality-based comparability payment (stated 
as a percentage) that would be provided under section 5304 of title 5, 
United States Code, if such member's official duty station were in the 
District of Columbia.
    ``(b) Treatment as Basic Pay.--The amount of any locality-based 
comparability payment, which is payable to a member of the Service 
under this section--
            ``(1) shall be considered a part of the basic pay of such 
        member for the purposes described in--
                    ``(A) section 5304(c)(2)(A) of title 5, United 
                States Code; and
                    ``(B) chapter 8 of this Act; and
            ``(2) shall be subject to any limitations on pay applicable 
        to locality-based comparability payments under section 5304 of 
        title 5, United States Code.
    ``(c) Phase-In.--The locality-based comparability payment payable 
to a member of the Service under this section--
            ``(1) during the period beginning on the first day of the 
        first full pay period that is 90 days after the date of the 
        enactment of this subsection, and ending on the last day of the 
        last pay period in fiscal year 2009, shall be up to 33.33 
        percent of the payment which would otherwise apply under 
        subsection (a);
            ``(2) during the period beginning on the first day of the 
        first pay period in fiscal year 2010 and ending on the last day 
        of the last pay period in fiscal year 2010, shall be up to 
        66.67 percent of the payment which would otherwise apply under 
        subsection (a); and
            ``(3) beginning on the first day of the first pay period in 
        fiscal year 2011, shall be equal to the payment determined 
        under subsection (a).
    ``(d) Nonforeign Area Defined.--In this section, the term 
`nonforeign area' means 1 of the areas listed in section 591.205 of 
title 5, Code of Federal Regulations.''.
            (2) Conforming amendment.--The table of contents under 
        section 2 of the Foreign Service Act of 1980 (22 U.S.C. 3901 et 
        seq.) is amended by inserting after the item relating to 
        section 414 the following:

``Sec. 415. Overseas comparability pay adjustment.''.
    (b) Conforming Amendments Relating to the Foreign Service 
Retirement Systems.--
            (1) Contributions to the fund.--
                    (A) In general.--Section 805(a) of the Foreign 
                Service Act of 1980 (22 U.S.C. 4045(a)) is amended--
                            (i) in paragraph (1)--
                                    (I) by striking ``7.25 percent'' 
                                and inserting ``7 percent''; and
                                    (II) by striking ``The contribution 
                                by the employing agency'' and all that 
                                follows through ``and shall be made'' 
                                and inserting ``An equal amount shall 
                                be contributed by the employing 
                                agency'';
                            (ii) in paragraph (2)--
                                    (I) in subparagraph (A), by 
                                striking ``, plus an amount equal to 
                                .25 percent of basic pay''; and
                                    (II) in subparagraph (B), by 
                                striking ``, plus an amount equal to 
                                .25 percent of basic pay''; and
                            (iii) in paragraph (3), by striking ``, 
                        plus .25 percent''.
                    (B) Effective date.--The amendments made by 
                subparagraph (A) shall take effect on the first day of 
                the first pay period beginning on or after October 1, 
                2011 (or during any portion of such pay period).
            (2) Computation of annuities.--Section 806(a)(9) of the 
        Foreign Service Act of 1980 (22 U.S.C. 4046(a)(9)) is amended 
        by striking ``is outside the continental United States shall'' 
        and inserting ``was outside the continental United States 
        during the period beginning on December 29, 2002, and ending on 
        the day before the first day of the first pay period beginning 
        on or after October 1, 2010, shall, to the extent that such 
        computation is based on the basic salary or basic pay of such 
        member while the member was outside the United States,''.
            (3) Entitlement to annuity.--Section 855(a)(3) of the 
        Foreign Service Act of 1980 (22 U.S.C. 4071d(a)(3)) is 
        amended--
                    (A) by striking ``section 8414'' and inserting 
                ``section 8415''; and
                    (B) by striking ``is outside the continental United 
                States shall'' and inserting ``was outside the 
                continental United States during the period beginning 
                on December 29, 2002, and ending on the day before the 
                first day of the first pay period beginning on or after 
                October 1, 2011 (or during any portion of such pay 
                period), shall, to the extent that such computation is 
                based on the basic salary or basic pay of such member 
                while the member was outside the United States,''.
            (4) Deductions and withholdings from pay.--Section 
        856(a)(2) of such Act (22 U.S.C. 4071e(a)(2)) is amended to 
        read as follows:
    ``(2) The applicable percentage specified in this paragraph shall 
be as follows:


----------------------------------------------------------------------------------------------------------------
                 ``Percentage                                             Time Period
----------------------------------------------------------------------------------------------------------------
7.5..........................................  Before January 1, 1999.
7.75.........................................  January 1, 1999, to December 31, 1999.
7.9..........................................  January 1, 2000, to December 31, 2000.
7.55.........................................  January 11, 2003, to the day before the first day of the first
                                                pay period beginning on or after October 1, 2011.
7.5..........................................  Beginning on the first day of the first pay period beginning on
                                                or after October 1, 2011.''.
----------------------------------------------------------------------------------------------------------------

    (c) Reporting Requirement.--Not later than October 1, 2011, the 
Secretary of State shall submit a report to the Committee on Foreign 
Relations of the Senate, the Committee on Homeland Security and 
Governmental Affairs of the Senate, the Committee on Foreign Affairs of 
the House of Representatives, and Committee on Oversight and Government 
Reform of the House of Representatives that includes--
            (1) an assessment of all allowances provided to members of 
        the Foreign Service under--
                    (A) the Foreign Service Act of 1980; or
                    (B) title 5, United States Code; and
            (2) an explanation of how such allowances have been, or 
        will be, affected by the amendments to the Foreign Service Act 
        of 1980 made under this Act.

          Subtitle C--Other Organization and Personnel Matters

SEC. 221. DEATH GRATUITY.

    Section 413(a) of the Foreign Service Act of 1980 (22 U.S.C. 
3973(a)) is amended by striking ``at the time of death.'' and inserting 
``at level II of the Executive Schedule under section 5313 of title 5, 
United States Code, at the time of death except that for employees 
compensated under a local compensation plan established under section 
408, the amount of such gratuity shall be equal to the greater of 1 
year's salary at the time of death or 1 year's basic salary at the 
highest step of the highest grade on the local compensation plan from 
which the employee was being paid at the time of death.''.

SEC. 222. EXPANSION AND EXTENSION OF ANNUITANT WAIVER FOR RESPONSE 
              READINESS CORPS.

    (a) Amendments to State Department Basic Authorities Act of 1956.--
Section 61(a) of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2733(a)) is amended--
            (1) in paragraph (1), by striking ``or to posts vacated'' 
        and inserting ``, to positions in the Response Readiness Corps, 
        or to posts vacated''; and
            (2) in paragraph (2), by striking ``2010'' and inserting 
        ``2012''.
    (b) Amendments to Foreign Assistance Act of 1961.--Section 
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1)) 
is amended--
            (1) in subparagraph (A), by striking ``or to posts 
        vacated'' and inserting ``, to positions in the Response 
        Readiness Corps, or to posts vacated''; and
            (2) in subparagraph (B), by striking ``2010'' and inserting 
        ``2012''.

SEC. 223. REEMPLOYMENT OF ANNUITANTS.

    Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 
4064(g)) is amended--
            (1) in paragraph (1)(B), by striking ``to facilitate the 
        assignment of persons to Iraq and Afghanistan or to posts 
        vacated by members of the Service assigned to Iraq and 
        Afghanistan'';
            (2) by striking paragraph (2); and
            (3) by redesignating paragraph (3) as paragraph (2).

SEC. 224. LOCALLY EMPLOYED STAFF.

    (a) Findings.--Based on information obtained from the April 2009 
report from the Office of the Inspector General of the Department of 
State and the Broadcasting Board of Governors, entitled ``Review of 
Locally Employed Staff Compensation Issues'' (Report Number ISP-I-09-
44), Congress makes the following findings:
            (1) U.S. embassies and consulates worldwide retain over 
        51,000 locally employed (LE) staff under local compensation 
        plans (LCPs) in about 170 overseas missions. A report by the 
        Office of the Inspector General of the Department of State and 
        the Broadcasting Board of Governors, entitled ``Review of 
        Locally Employed Staff Compensation Issues'' (Report Number 
        ISP-I-09-44), stated that: ``The U.S. is falling behind in 
        providing a competitive compensation package for LE staff that 
        is commensurate with their experience, technical skills, and 
        responsibilities''.
            (2) The ability of United States overseas missions to 
        retain LE staff and to recruit new, qualified staff is vital to 
        the success of those missions.
            (3) To addresses differences in the skill levels required 
        for different categories of LE staff positions, the Inspector 
        General's report recommended that ``separate data and separate 
        scales should be established for certain types of employees''.
            (4) The current LE staff compensation review process 
        requires improvement, including increasing transparency and 
        interagency involvement, reducing disparities between the 
        salary and budget cycles, and improving the use of outmoded and 
        cumbersome communication technology.
    (b) Review.--
            (1) In general.--Not later than 180 days after date of the 
        enactment of this Act, and not less than every 5 years 
        thereafter, the Secretary of State shall--
                    (A) review salary and compensation guidelines for 
                overseas, locally employed staff of the Department of 
                State;
                    (B) review--
                            (i) whether the United States is falling 
                        behind in providing a competitive compensation 
                        package for locally employed staff that is 
                        commensurate with their experience, technical 
                        skills, and responsibilities; and
                            (ii) the implications for providing average 
                        salary increases that are approximately 60 
                        percent of prevailing practice;
                    (C) provide recommendations on how to recruit new, 
                qualified staff; and
                    (D) provide recommendations for separate data and a 
                separate pay scale for highly skilled and trained 
                professional positions.
            (2) Compensation database.--Not later than 180 days after 
        the date of the enactment of this Act, the Secretary of State 
        shall establish a comprehensive database for salary and 
        compensation information for such staff, as recommended by the 
        Office of Inspector General in a April 2009 report entitled 
        ``Review of Locally Employed Staff Compensation Issues'' 
        (Report Number ISP-I-09-44).
            (3) Pay scales for locally employed professionals.--The 
        review under paragraph (1)(A) shall include a summary of 
        efforts to address pay scales for locally employed staff to 
        ensure adequate compensation for professional level positions, 
        such as medical officers, laboratory management, public health 
        information technology positions, and other highly skilled 
        positions.
    (c) Guidelines.--Not later than 90 days after enactment of this 
Act, the Secretary of State shall consult with appropriate 
congressional committees on proposed guidelines for awards, pay scales, 
and compensation of overseas, locally employed staff of the Department 
of State, including for loss of life while on duty.
    (d) Locally Employed Staff Defined.--In this section, the term 
``locally employed staff'' means employees compensated under local 
compensation plans established under section 408 of the Foreign Service 
Act of 1980 (22 U.S.C. 3968).

SEC. 225. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN 
              SERVICE.

    Section 305 of the Foreign Service Act of 1980 (22 U.S.C. 3945) is 
amended by striking subsection (d).

SEC. 226. FOREIGN RELATIONS EXCHANGE PROGRAMS.

    Title I of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.) is amended by adding at the end the following:

``SEC. 63. FOREIGN RELATIONS EXCHANGE PROGRAMS.

    ``(a) In General.--The Secretary may establish exchange programs 
under which officers or employees of the Department of State, including 
individuals appointed under title 5, United States Code, and members of 
the Foreign Service may be assigned, for a period not to exceed 1 year, 
to a position with any foreign government or international entity that 
permits an employee to be assigned to a position with the Department of 
State.
    ``(b) Salary and Benefits.--
            ``(1) Foreign service members.--During a period in which a 
        member of the Foreign Service is participating in an exchange 
        program authorized under subsection (a), such member shall be 
        entitled to the salary and benefits to which such member would 
        be entitled if such member were assigned to an agency, 
        international organization, or other body under section 503 of 
        the Foreign Service Act of 1980 (22 U.S.C. 3983).
            ``(2) Detailees.--An employee of the Department of State 
        (other than a member of the Foreign Service participating in an 
        exchange program authorized under subsection (a)) shall be 
        treated in all respects as if detailed to an international 
        organization under section 3343(b) of title 5, United States 
        Code. The salary of such employee shall be the higher of the 
        salary that the employee would receive but for the assignment 
        under this section or the salary of the position to which the 
        employee is assigned.
            ``(3) Payment.--The salary and benefits of an employee of a 
        foreign government or international entity participating in a 
        program established under this section shall be paid by such 
        government or entity during the period in which such employee 
        is participating in the program, and shall not be reimbursed by 
        the Department of State.
    ``(c) Nonreciprocal Assignments.--The Secretary may authorize a 
nonreciprocal assignment of personnel pursuant to this section, with or 
without reimbursement from the foreign government or international 
entity for all or part of the salary and other expenses payable during 
the assignment, if such assignment is in the interests of the United 
States.
    ``(d) Rule of Construction.--Nothing in this section may be 
construed to authorize the appointment as an officer or employee of the 
United States of--
            ``(1) an individual whose allegiance is to any country, 
        government, or foreign or international entity other than to 
        the United States; or
            ``(2) an individual who has not met the requirements of 
        sections 3331, 3332, 3333, and 7311 of title 5, United States 
        Code, and any other provision of law concerning eligibility for 
        appointment, and continuation of employment, as an officer or 
        employee of the United States.''.

SEC. 227. ENHANCED PERSONNEL AUTHORITIES FOR THE INSPECTOR GENERAL OF 
              THE DEPARTMENT OF STATE.

    (a) Definitions.--In this section:
            (1) Annuitant.--The term ``annuitant'' means an individual 
        who, based on the service of such individual, is entitled to 
        benefits under a retirement system for Government employees.
            (2) Government employee.--The term ``Government employee'' 
        has the meaning given the term ``employee'' in section 2105(a) 
        of title 5, United States Code.
            (3) Inspector general.--The term ``Inspector General'' 
        means the Inspector General of the Department of State.
            (4) Office.--The term ``Office'' means the Office of 
        Inspector General of the Department of State.
    (b) Provisions Relating to Reemployed Annuitants.--
            (1) Waiver authority.--Subject to the conditions set forth 
        in paragraph (3), the Inspector General may waive the 
        application of any provision of law set forth in paragraph (2) 
        on behalf of any reemployed annuitant serving in a position 
        within the Office.
            (2) Provisions.--The provisions of law set forth in this 
        paragraph are--
                    (A) subsections (a) through (d) of section 8344 of 
                title 5, United States Code;
                    (B) subsections (a) through (e) of section 8468 of 
                title 5, United States Code;
                    (C) subsections (a) through (d) of section 824 of 
                the Foreign Service Act of 1980 (22 U.S.C. 4064); and
                    (D) any other similar provision of law, as 
                identified by the Inspector General in regulations.
            (3) Conditions.--Waiver authority under this subsection may 
        be exercised only--
                    (A) on a case-by-case basis; and
                    (B) if, and for so long as, such waiver--
                            (i) is necessary due to--
                                    (I) difficulty in the recruitment 
                                or retention of a qualified employee 
                                for the position involved; or
                                    (II) a temporary emergency hiring 
                                need; and
                            (ii) does not cause the number of employees 
                        within the Office who are exempted from 1 or 
                        more of the provisions of law set forth in 
                        paragraph (2) (whether pursuant to a waiver 
                        under this subsection or otherwise) to exceed, 
                        as of any given date, 35 percent of the total 
                        workforce of the Office, determined on a full-
                        time equivalent basis.
            (4) Rule of construction.--Nothing in this subsection may 
        be construed to permit or require that any reemployed annuitant 
        benefitting from a waiver of a provision of law set forth in 
        paragraph (2) be treated as a Government employee for purposes 
        of the retirement system to which such provision relates.
    (c) Provisions Relating to Contracts for Personal Services.--
            (1) In general.--The Inspector General may contract with 
        United States citizens for personal services to facilitate and 
        support the Office's oversight of programs and operations. Such 
        citizens shall not, by virtue of any such contract, be 
        considered to be Government employees for purposes of any law 
        administered, in whole or in part, by the Office of Personnel 
        Management.
            (2) Relation to other laws.--Except as provided in 
        paragraph (2), this subsection shall not affect any 
        determination as to whether an individual performing services 
        pursuant to any contract under this subsection is a Government 
        employee for purposes of any law of the United States. The 
        Secretary of State may determine the applicability, with 
        respect to any such individual, of any law administered, in 
        whole or in part, by the Secretary.
            (3) Conditions.--The Inspector General may not enter into a 
        personal services contract under this subsection unless--
                    (A) in the judgment of the Inspector General, 
                personnel resources of the Office would otherwise be 
                insufficient;
                    (B) the contract is for a term of 2 years or less, 
                unless the Inspector General determines that 
                exceptional circumstances justify an extension of not 
                longer than 1 additional year; and
                    (C) not more than 20 percent of the workforce of 
                the Office, as of any given date, consists of 
                individuals serving under personal services contracts 
                (whether entered into under this subsection or 
                otherwise), determined on a full-time equivalent basis.
            (4) Other authorities not affected.--The authority under 
        this subsection is in addition to any other authority available 
        to the Inspector General to engage individuals under a personal 
        services contract.
    (d) Report.--In the Office of the Inspector General's semiannual 
report to Congress, the Inspector General shall include information on 
the usage and rationale related to annuitants hired under this section.

SEC. 228. PERSONAL SERVICES CONTRACTORS.

    (a) In General.--In addition to other authorities that may be 
available, the Secretary of State may establish a pilot program 
(referred to in this section as the ``Program'') to respond to new or 
emerging needs or to augment existing services by contracting with 
United States nationals and aliens lawfully admitted for permanent 
residence to provide personal services in the United States or in the 
United States and outside the United States.
    (b) Conditions.--The Program authorized under subsection (a) may be 
established if--
            (1) the Secretary determines that existing personnel 
        resources are insufficient;
            (2) the length of each contract, including options, is not 
        greater than 2 years, unless the Secretary determines that 
        exceptional circumstances justify an extension of up to 1 
        additional year;
            (3) not more than 200 people are employed at any time as 
        personal services contractors under this section; and
            (4) the Program is only used to obtain specialized skills 
        or experience or to respond to urgent needs.
    (c) Status of Personal Service Contractors.--
            (1) Office of personnel management.--An individual entering 
        into a personal services contract under the Program shall not, 
        by virtue of such hiring, be considered to be an employee of 
        the United States Government for purposes of any law 
        administered by the Office of Personnel Management. The 
        Secretary may determine the applicability to such individuals 
        of section 2(f) of the State Department Basic Authorities Act 
        (22 U.S.C. 2669(f)) and of any other law administered by the 
        Secretary concerning the employment of such individuals.
            (2) Federal employment status.--Except as provided in 
        paragraph (1), this section shall not affect the determination 
        as to whether an individual entering into a personal services 
        contract under the Program is an employee of the United States 
        Government for purposes of any Federal law.
    (d) Termination of Authority.--
            (1) In general.--The authority to award personal services 
        contracts under the Program shall terminate on September 30, 
        2014.
            (2) Effect on existing contracts.--Any contract entered 
        into before the termination date set forth in paragraph (1) may 
        remain in effect until the expiration date set forth in such 
        contract.

SEC. 229. AMENDMENT TO THE FOREIGN SERVICE ACT OF 1980.

    Section 209 of the Foreign Service Act of 1980 (22 U.S.C. 3929) is 
amended--
            (1) in subsection (c), by striking paragraph (5); and
            (2) in subsection (d)(2)--
                    (A) in subparagraph (D), by adding ``and'' at the 
                end;
                    (B) in subparagraph (E), by striking ``; and'' and 
                inserting a period; and
                    (C) by striking subparagraph (F).

                 TITLE III--INTERNATIONAL ORGANIZATIONS

SEC. 301. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary should--
            (1) ensure that the Department of State is able to 
        appropriately staff United States missions both within the 
        United States and abroad that are dedicated to representing the 
        United States to international organizations and multilateral 
        institutions, including missions in New York, Brussels, Geneva, 
        Rome, Montreal, Nairobi, Vienna, and Paris;
            (2) develop persons with specialized skills necessary to 
        become experts in multilateral diplomacy given the large number 
        of positions in the United States and abroad that are dedicated 
        to this specialty; and
            (3) consider as a factor for promotions whether a member of 
        the Foreign Service has served in a position whose primary 
        responsibility is to formulate policy toward, or represent the 
        United States at, an international organization, a multilateral 
        institution, or a broad-based multilateral negotiation of an 
        international instrument.

SEC. 302. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO 
              INTERNATIONAL ORGANIZATIONS.

    In accordance with section 404 of the Foreign Relations 
Authorization Act of 2003 (Public Law 107-228; 116 Stat. 1389), there 
are authorized to be appropriated such sums as may be necessary for the 
synchronization of United States contributions to international 
organizations.

SEC. 303. PEACEKEEPING CONTRIBUTIONS.

    Section 404(b)(2)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236; 22 U.S.C. 287e note) is 
amended by adding at the end the following:
                            ``(vi) For assessments made during calendar 
                        year 2010 and thereafter, 27.5 percent.''.

SEC. 304. BUYING POWER MAINTENANCE, INTERNATIONAL ORGANIZATIONS.

    Title I of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2651a et seq.), as amended by section 328, is further amended by 
adding at the end the following:

``SEC. 64. BUYING POWER MAINTENANCE, INTERNATIONAL ORGANIZATIONS.

    ``(a) Establishment of Account.--There is established in the 
Treasury of the United States the `Buying Power Maintenance, 
International Organizations account' (referred to in this section as 
the `account') to offset fluctuations in foreign currency exchange 
rates that adversely affect United States contributions to 
international organizations.
    ``(b) Authority To Transfer Amounts to Account.--The Secretary of 
State may transfer to, and merge with, the account such amounts 
appropriated or otherwise made available for the Contributions to 
International Organizations account as the Secretary determines are 
beyond the needs of activities funded from that account because of 
fluctuations in foreign currency exchange rates.
    ``(c) Authority To Transfer Amounts From Account.--In order to 
offset adverse fluctuations in foreign currency exchange rates, the 
Secretary of State may transfer to, and merge with, the Contributions 
to International Organizations account such amounts from the account as 
the Secretary determines are necessary to provide for the activities 
funded under that account.
    ``(d) Transfer of Unobligated Amounts.--
            ``(1) In general.--Subject to the limitations under this 
        subsection, not later than the last day of the fifth fiscal 
        year after the fiscal year for which amounts are appropriated 
        or otherwise made available for the Contributions to 
        International Organizations account, the Secretary of State may 
        transfer any unobligated balance of such amounts to the 
        account.
            ``(2) Limitation.--The balance of the account may not 
        exceed $100,000,000 as a result of any amounts transferred 
        under this subsection.
            ``(3) Reprogramming.--Any transfer under this subsection--
                    ``(A) shall be treated as a reprogramming of funds 
                under section 34; and
                    ``(B) shall only be available for obligation or 
                expenditure in accordance with the procedures 
                established under such section.
            ``(4) Scope.--The authority under this section may only be 
        exercised with respect to amounts appropriated or otherwise 
        made available after September 30, 2009.
    ``(e) Availability of Amounts.--Amounts transferred to the account 
under this section shall remain available until expended.
    ``(f) Other Authorities Not Affected.--The authority to transfer 
amounts under this section is in addition to transfer authority 
otherwise available to the Secretary of State under any other provision 
of law.''.

SEC. 305. UNITED STATES PARTICIPATION IN THE INTER-PARLIAMENTARY UNION.

    (a) In General.--Notwithstanding section 2503 of the Foreign 
Affairs Reform and Restructuring Act of 1998 (division G of Public Law 
105-277; 22 U.S.C. 276 note), the Secretary of State is authorized--
            (1) to facilitate the readmission and participation of the 
        United States in the Inter-Parliamentary Union; and
            (2) to pay expenses to meet the annual obligations of 
        membership in the Inter-Parliamentary Union, in accordance with 
        the assessments determined by the Governing Council.
    (b) Representation.--Notwithstanding section 2503 of the Foreign 
Affairs Reform and Restructuring Act of 1998 (division G of Public Law 
105-277; 22 U.S.C. 276 note), the majority leader of the Senate, in 
consultation with the minority leader of the Senate, and the Speaker of 
the House of Representatives, in consultation with the minority leader 
of the House of Representatives, are authorized to designate Members of 
Congress to serve as delegates to the Assembly of the Inter-
Parliamentary Union.

SEC. 306. PROVISION OF LIVING QUARTERS AND ALLOWANCES TO THE UNITED 
              STATES REPRESENTATIVES TO THE UNITED NATIONS.

    Section 9(2) of the United Nations Participation Act of 1945 (22 
U.S.C. 287e-1(2)) is amended by striking ``30'' and inserting ``35''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. LIMITATION ON ASSISTANCE TO GOVERNMENTS OF COUNTRIES IN 
              DEFAULT.

    (a) Foreign Assistance Act of 1961.--Section 620(q) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2370(q)) is amended--
            (1) by striking ``any country'' and inserting ``the 
        government of any country'';
            (2) by striking ``such country'' each place it appears and 
        inserting ``such government''; and
            (3) by striking ``six calendar months'' and inserting ``1 
        year''.
    (b) Arms Export Control Act.--Chapter 4 of the Arms Export Control 
Act (22 U.S.C. 2791 et seq.), is amended--
            (1) by redesignating section 47 as section 48; and
            (2) by inserting after section 46 the following:

``SEC. 47. LIMITATION ON ASSISTANCE TO GOVERNMENTS OF COUNTRIES IN 
              DEFAULT.

    ``No assistance may be furnished under section 23 of this Act to 
the government of any country which is in default, during a period 
exceeding 1 year, in payment to the United States of principal or 
interest on any loan made to the government of such country under this 
Act, unless--
            ``(1) such government meets its obligations under the loan; 
        or
            ``(2) the President--
                    ``(A) determines that assistance to such country is 
                in the national interest of the United States; and
                    ``(B) notifies the Speaker of the House of 
                Representatives and the Committee on Foreign Relations 
                of the Senate of such determination.''.

SEC. 402. INCREASED AUTHORITY TO PROVIDE ASSISTANCE FOR LAW ENFORCEMENT 
              FORCES.

    (a) Police Training.--Section 660 of the Foreign Assistance Act of 
1961 (22 U.S.C. 2420) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (4), by striking ``or'' at the 
                end;
                    (B) in paragraph (6), by striking ``, and the 
                provision of professional'' and all that follows 
                through the semicolon at the end and inserting ``, 
                including any regional, district, municipal, or other 
                subnational entity emerging from instability;'';
                    (C) in paragraph (7), by striking the period at the 
                end and inserting a semicolon; and
                    (D) by adding at the end the following:
            ``(8) with respect to the provision of professional 
        training, including training in internationally recognized 
        standards of human rights and the rule of law;
            ``(9) with respect to assistance to foster civilian police 
        roles that support democratic governance and foster improved 
        police-community relations;
            ``(10) with respect to assistance to combat trafficking in 
        persons, address sexual and gender-based violence, reduce 
        corruption, prevent conflict, and respond to disasters;
            ``(11) with respect to assistance to address inhumane 
        conditions in prisons and other detention facilities 
        administered by foreign governments that are making efforts to 
        address the health, sanitation, nutrition, and other basic 
        needs of prisoners;
            ``(12) with respect to assistance provided for prisoners 
        for humanitarian or development purposes; or
            ``(13) with respect to assistance to support humanitarian 
        operations and activities.''; and
            (2) by amending subsection (d) to read as follows:
    ``(d) Assistance under chapter 4 of part II that is otherwise 
prohibited under subsection (a) may be provided to a country if the 
Secretary determines and certifies to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives that such assistance is in the national 
interest of the United States.''.
    (b) Administration of Justice.--Section 534 of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2346c) is amended--
            (1) in subsection (a), by striking ``in countries in Latin 
        America and the Caribbean'';
            (2) in subsection (b)(3)--
                    (A) in subparagraph (C), by striking ``and'' at the 
                end;
                    (B) in subparagraph (D), by inserting ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following:
                    ``(E) programs to enhance the protection of 
                participants in judicial cases;'';
            (3) by striking subsection (c);
            (4) in subsection (e), by striking the second and third 
        sentences; and
            (5) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.

SEC. 403. BUILDING PUBLIC AWARENESS AND DIALOGUE.

    Section 122 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151t) 
is amended by inserting at the end the following:
    ``(f)(1) The Administrator of the United States Agency for 
International Development is authorized--
            ``(A) to encourage the people of the United States to 
        further dialogue and understanding of development, humanitarian 
        assistance, and foreign assistance programs; and
            ``(B) to facilitate widespread public discussion, analysis, 
        and review of the issues addressed in the final report of the 
        Helping to Enhance the Livelihood of People Around the Globe 
        Commission (HELP Commission), issued in December 2007, with 
        special regard to the HELP Commission's call to encourage 
        Executive agencies to more fully explain United States 
        development activities to the American people in order to raise 
        the American people's understanding about and support for 
        foreign assistance.
    ``(2) Not to exceed $1,000,000 of the amounts made available each 
fiscal year for the purposes of this chapter may be used to ensure 
effective engagement with the American people in understanding and 
promoting public understanding of development, humanitarian assistance, 
and foreign assistance programs, in addition to funds otherwise 
available for such purposes.''.

SEC. 404. EXCEPTION TO CERTAIN MULTIPLE AWARD CONTRACT REQUIREMENTS.

    Chapter 1 of part III of the Foreign Assistance Act of 1961, as 
amended by section 705, is further amended by adding at the end the 
following new section:

``SEC. 620P. USAID EXCEPTION TO CERTAIN MULTIPLE AWARD CONTRACT 
              REQUIREMENTS.

    ``In entering into any multiple award task order or indefinite 
delivery or indefinite quality contract, the Administrator of the 
United States Agency for International Development may provide an 
exception to the fair opportunity process for placing task orders under 
such contracts when the order is placed with any category of small or 
small disadvantaged business.''.

SEC. 405. MILLENNIUM CHALLENGE ASSISTANCE.

    (a) Extension of Compacts.--Section 609(j) of the Millennium 
Challenge Act of 2003 (22 U.S.C. 7708(j)) is amended to read as 
follows:
    ``(j) Extension of Compact.--
            ``(1) In general.--Except as provided under paragraph (2), 
        the duration of a Compact shall not exceed 5 years.
            ``(2) Exception.--The duration of a Compact may be extended 
        beyond 5 years if the Board--
                    ``(A) determines that a project included in the 
                Compact cannot be completed in 5 years or less; and
                    ``(B) approves an extension of the Compact that 
                does not extend the total duration of the Compact 
                beyond 7 years.
            ``(3) Congressional notification.--Not later than 15 days 
        before the date on which the Board approves the extension of a 
        Compact beyond 5 years pursuant to paragraph (2), the Board, 
        acting through the Chief Executive Officer, shall--
                    ``(A) notify the Committee on Foreign Relations of 
                the Senate and the Committee on Foreign Affairs of the 
                House of Representatives of its intent to approve such 
                extension; and
                    ``(B) provide the committees referred to in 
                subparagraph (A) with a detailed explanation for the 
                determination and approval described in paragraph 
                (2).''.
    (b) Concurrent and Subsequent Compacts.--Section 609(k) such Act 
(22 U.S.C. 7708(k)) is amended to read as follows:
    ``(k) Concurrent and Subsequent Compacts.--
            ``(1) In general.--Subject to paragraph (2), and in 
        accordance with the requirements of this title, an eligible 
        country and the United States--
                    ``(A) may enter into and have in effect more than 1 
                Compact, but not more than 3 Compacts, at any given 
                time; and
                    ``(B) may enter into subsequent Compacts after the 
                expiration of existing Compacts.
            ``(2) Requirements.--
                    ``(A) Concurrent compacts.--An eligible country and 
                the United States may not enter into a concurrent 
                Compact unless the Board determines that such country 
                is making considerable and demonstrable progress in 
                implementing the terms of its existing Compact and 
                supplementary agreements to such Compact.
                    ``(B) Subsequent compacts.--An eligible country and 
                the United States may not enter into a subsequent 
                Compact unless the Board determines that--
                            ``(i) such country has substantially met 
                        the objectives of prior Compacts between the 
                        country and the United States and supplementary 
                        agreements to such Compacts; or
                            ``(ii) the country has demonstrated 
                        sufficient capacity to perform successfully on 
                        the subsequent Compact.''.
    (c) Applicability.--The amendments made by subsections (a) and (b) 
shall apply with respect to Compacts entered into between the United 
States and an eligible country under the Millennium Challenge Act of 
2003 (22 U.S.C. 7701 et seq.) before, on, or after the date of the 
enactment of this Act.
    (d) Maintaining Candidate Status for Purposes of Income Category.--
Section 606 of the Millennium Challenge Act of 2003 (22 U.S.C. 7705) is 
amended by adding at the end the following:
    ``(d) Maintaining Candidate Status.--A candidate country 
transitioning out of 1 of the income categories identified in 
subsections (a) and (b) shall be allowed to retain its candidacy at the 
lower income category for the year of its transition and for 1 
subsequent fiscal year.''.

SEC. 406. ENHANCING THE CAPACITY OF THE OFFICE OF THE INSPECTOR GENERAL 
              FOR THE UNITED STATES AGENCY FOR INTERNATIONAL 
              DEVELOPMENT.

    (a) Reemployment of Annuitants.--To facilitate the assignment of 
persons to positions in Iraq, Pakistan, and Afghanistan, or to 
positions vacated by members of the Foreign Service assigned to Iraq, 
Pakistan, and Afghanistan, the Inspector General of the United States 
Agency for International Development may waive the application of the 
provisions of section 8344 or 8468 of title 5, United States Code, on a 
case-by-case basis, for employment of an annuitant in a position in the 
Office of Inspector General for which there is--
            (1) difficulty in recruiting or retaining a qualified 
        employee; or
            (2) a temporary emergency hiring need.
    (b) Sunset.--
            (1) In general.--Subsection (a) is repealed on October 1, 
        2011.
            (2) Effect of repeal.--An annuitant reemployed pursuant to 
        the waiver under subsection (a) before October 1, 2011 may 
        continue such employment until not later than September 30, 
        2012.
    (c) Not Considered Employees.--An employee reemployed pursuant to 
the waiver under subsection (a) shall not be considered an employee for 
purposes of subchapter III of chapter 83 of title 5, United States 
Code, or chapter 84 of such title.

SEC. 407. PROHIBITIONS ON FOREIGN ASSISTANCE FOR THE PRODUCTION OF 
              CERTAIN AGRICULTURAL COMMODITIES.

    Section 620 of the Foreign Assistance Act of 1961 (22 U.S.C. 2370) 
is amended by inserting after subsection (l) the following new 
subsection:
    ``(m) Prohibitions on Assistance for the Production of Agricultural 
Commodities Available in Surplus Quantities.--(1) No assistance shall 
be furnished under chapter 1 of part I of this Act to a country to 
build or expand the capacity of producers in the country to produce an 
agricultural commodity if the President determines that--
            ``(A) the agricultural commodity is likely to be available 
        in surplus quantities on the world market when the building or 
        expansion of such capacity is complete; and
            ``(B) the production or expanded production of the 
        agricultural commodity by producers in that country would cause 
        substantial injury to producers in the United States that 
        produce that agricultural commodity or a similar or competing 
        agricultural commodity.
    ``(2) Paragraph (1) shall not apply with respect to assistance to a 
country that--
            ``(A)(i) is eligible for assistance from the International 
        Development Association;
            ``(ii) is not eligible for assistance from the 
        International Bank for Reconstruction and Development; and
            ``(iii) does not export on a consistent basis the 
        agricultural commodity with respect to which assistance is 
        furnished; or
            ``(B) the President determines is recovering from 
        widespread conflict, a humanitarian crisis, or a complex 
        emergency.
    ``(n) Restriction on Assistance for the Production and Exportation 
of Certain Agricultural Commodities.--(1) No assistance shall be 
furnished under chapter 1 of part I of this Act to a country to carry 
out any testing, breeding feasibility studies, variety improvement 
efforts, introduction efforts, consulting, publications, conferences, 
or training with respect to the production of an agricultural commodity 
in that country if the President determines that--
            ``(A) the agricultural commodity is or will be produced to 
        be exported from that country; and
            ``(B) the exportation of the agricultural commodity from 
        that country will result in increased competition for that 
        agricultural commodity, or a similar or competing agricultural 
        commodity, produced in the United States.
    ``(2) Paragraph (1) shall not apply with respect to assistance 
furnished--
            ``(A) to a developing country to carry out an activity 
        involving the production of an agricultural commodity that is 
        designed to increase food security in that country if the 
        President determines that the activity will not have a 
        significant impact on the exportation of that agricultural 
        commodity from the United States; or
            ``(B) to a country that--
                    ``(i)(I) is eligible for assistance from the 
                International Development Association;
                    ``(II) is not eligible for assistance from the 
                International Bank for Reconstruction and Development; 
                and
                    ``(III) does not export on a consistent basis the 
                agricultural commodity with respect to which assistance 
                is furnished; or
                    ``(ii) the President determines is recovering from 
                widespread conflict, a humanitarian crisis, or a 
                complex emergency.''.

                TITLE V--AUTHORIZATION OF APPROPRIATIONS

SEC. 501. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for each of the fiscal 
years 2010 and 2011 such sums as may be necessary to carry out this 
Act.
                                 <all>