Congressional Record, Volume 155 Issue 86 (Wednesday, June 10, 2009)

[Congressional Record Volume 155, Number 86 (Wednesday, June 10, 2009)]
[House]
[Pages H6430-H6500]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2010 AND 2011

The SPEAKER pro tempore. Pursuant to House Resolution 522 and rule
XVIII, the Chair declares the House in the Committee of the Whole House
on the State of the Union for the consideration of the bill, H.R. 2410.

{time} 1220

In the Committee of the Whole

Accordingly, the House resolved itself into the Committee of the
Whole House on the State of the Union for the consideration of the bill
(H.R. 2410) to authorize appropriations for the Department of State and
the Peace Corps for fiscal years 2010 and 2011, to modernize the
Foreign Service, and for other purposes, with Mr. Holden in the chair.
The Clerk read the title of the bill.
The CHAIR. Pursuant to the rule, the bill is considered read the
first time.
The gentleman from California (Mr. Berman) and the gentlewoman from
Florida (Ms. Ros-Lehtinen) each will control 30 minutes.
The Chair recognizes the gentleman from California.
Mr. BERMAN. Mr. Chairman, the United States now confronts the most
complex array of threats in many decades, if not the entire history, of
our Nation.
Afghanistan and Pakistan, Iran, North Korea, terrorism, nuclear
proliferation, drug trafficking and climate change all pose major
challenges to our national security. And we must confront these threats
in the midst of a global financial crisis with enormous ramifications
both at home and around the world.
Our brave men and women in uniform are making unbelievable sacrifices
to

[[Page H6431]]

protect our security interests around the globe. They and their
families deserve our deepest respect and gratitude. But we should not
expect the military to shoulder the entire burden.
The State Department and our other civilian foreign affairs agencies
have a critical role to play in protecting U.S. national security.
Diplomacy, development, and defense are the three key pillars of our
U.S. national security policy. By wisely investing resources to
strengthen our diplomatic capabilities, we can help prevent conflicts
before they start and head off conditions that lead to failed states.
For years we have failed to provide the State Department with the
resources it desperately needs to pursue its core missions. With the
expansion of U.S. diplomatic responsibilities in the 1990s, and the
more recent demands of Iraq and Afghanistan, the Foreign Service has
been strained to the breaking point. Sixteen percent of all positions
are currently unfilled. One in nine positions overseas is vacant.
As Secretary of Defense Robert Gates recently stated: ``It has become
clear that America's civilian institutions of diplomacy and development
have been chronically undermanned and underfunded for far too long.''
The legislation before us today, Mr. Chairman, takes an important
first step in correcting that situation. It supports President Obama's
request for funding to hire over 1,000 new staff, including at least
750 Foreign Service officers; 332 of these positions will be used to
immediately expand our diplomatic presence in Afghanistan, Pakistan and
other strategic areas. A further 213 positions will be dedicated to
improving and expanding training in critical needs languages such as
Arabic, Chinese, Hindi, and Urdu.
The bill also provides resources requested by the administration for
significant numbers of new public diplomacy officers, arms control
experts, counterterrorism specialists.
And the bill has important provisions to promote more strategic
thinking in the State Department and help the Foreign Service
transition from traditional diplomatic framework to a more
expeditionary one.
To help ensure the Department can continue to attract the best and
brightest and retain these professionals over the long term, H.R. 2410
closes the pay gap that currently results in a 21 percent pay cut when
junior Foreign Service officers leave Washington on assignment.
The bill also authorizes funds to pay our full dues and all
recognized arrearages to the United Nations.
The legislation supports a significant expansion of the Peace Corps,
an increase in international broadcasting activities, a vigorous public
diplomacy effort, and a strengthened arms control and nonproliferation
bureau at the State Department, which will soon be under the head of
our dear colleague, Mrs. Tauscher.
In addition, the bill creates a new foundation to significantly
increase the number of American students studying abroad, enhances U.S.
efforts to help Mexico and other Latin American countries reduce drug
violence, and addresses a number of key human rights and democracy
issues around the world.
H.R. 2410 also reforms our system of export controls for military
technology, improves oversight of U.S. security assistance, and
requires a report to Congress on actions taken by the United States to
maintain Israel's qualitative military edge.
This legislation is supported by a wide range of organizations, from
the United States Chamber of Commerce and the National Association of
Manufacturers, on one hand, to Human Rights Watch and Amnesty
International on the other. From the Aerospace Industries Association,
the Satellite Industry Association, on one hand, to CARE, Oxfam, the
Peace Corps Association, Refugees International, and the Genocide
Intervention Network on the other, the Save Darfur Council, Church
World Service, and the American Council on Education, a coalition of
all the major public and private universities in this country all
strongly support this legislation.
I urge all my colleagues on both sides of the aisle to support this
important legislation.
I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Chairman, I would like to take our time in
opposition to this bill.
And, Mr. Chairman, some Dear Colleague letters sent out by a few
Members earlier this week, Mr. Chairman, in order to express their
support for this bill, tended to focus on the few attractive features
of the bill, such as the improvements that it would make on the Merida
Initiative, our vital effort to assist Mexico and other Central
American countries to fight the dangerous drug cartels.
Unfortunately, supporters of this bill have remained silent or
ignored its fundamental problems. And the fundamental problems on this
bill are that the bill calls for exorbitant spending in the absence of
true reform, and that the bill does not take the difficult but
necessary step of setting priorities, either with out-of-control
spending or with important international issues that are facing our
country.
By our best estimate, the bill before us represents an estimated 12
percent increase in planned expenditures above the levels of fiscal
year 2009. It creates 20 new government entities, offices, foundations,
programs and the like. These new programs, and these new initiatives
that are funded in this bill constitute expenditures that go beyond
even this 12 percent increase to accounts previously funded in fiscal
year 2009.
The bill also represents a 35 percent increase in State Department
main salary and operating accounts. We have to ask ourselves, where is
the money coming from to support the additional funding?
In the coming fiscal year alone, Mr. Chairman, fiscal year 2010, we
are expected to have to pay almost $285 billion, that's billion with a
B, in interest costs, just interest, not payment on the debt itself. By
fiscal year 2014, our cost for interest on the debt will likely have
risen to about $560 billion, again, that's with a B, in that year
alone, again, for interest payments alone, not for the debt payments
that will have to be made.
Our deficit in the coming fiscal year, 2010, is now projected to
total an estimated $1.3 trillion. Yet the funding levels proposed by
this bill seem oddly detached from the reality that our families are
facing today and that our Nation is facing.
Both in committee markup and at the Rules Committee, I offered
amendments that would have capped increases for next year at 3.7
percent, a 2008 annual rate of inflation. This amendment would have
saved taxpayer dollars, more than $2.8 billion in authorized funds.
That amendment, again, would have saved American taxpayers more than
$2.8 billion, with a B, in authorized funds.

{time} 1230

Unfortunately, this measured, calibrated approach was rejected twice
in favor of the largesse in this spending bill.
In trying to justify the enormous spending increases in this bill,
supporters paint a picture of a hollowed-out shell of a State
Department suffering from years of neglect. Yet, according to the
Congressional Research Service and the State Department's own data,
funding for the State Department and related agencies doubled from
fiscal year 2000 through 2008. This clearly shows that growing the
bureaucracy and throwing money at the Department of State are not the
answer.
Supporters of this bill further argue that the major funding
increases for the hiring of new staff are necessary, even in the
absence of reforms. I note that there was an effort last Congress by
colleagues in the other Chamber to ascertain the levels of absenteeism
at various U.S. Government agencies. The results for the State
Department were impressive--in an ironic way. The Department explained
that it did not specifically track absences without official leave. It
was the only executive branch agency that could not provide such
information. Instead, the State Department only tracks those incidents
in which such absenteeism reaches such an egregious level that
discipline is required.
As a result, we--and the management of the Department--have little
idea if the Department's own personnel are at their posts at the times
we would expect them to be. And although we realize the overwhelming
majority of State

[[Page H6432]]

Department employees are hardworking patriots, they are the ones who
should be upset about absenteeism in others. The bill before us today
does not address such questions, nor does it build on earlier inquiries
such as the ones I have cited. Instead, supporters of this bill focus
their arguments on unfilled State Department vacancies. And these
arguments, too, Mr. Chairman, do not bare careful scrutiny. Most of the
so-called ``vacancies'' are the result of shifting personnel to high-
priority posts rather than cuts in funding.
Furthermore, the State Department always shows unfilled positions on
their books because those numbers are the result of our overseas posts'
self-identified needs rather than being a budget-driven number. It is a
way of saying that they would like more employees and more funding.
What agency wouldn't? I expect that all Americans would identify very
significant unfunded needs in our own homes and our families and our
budgets.
Moreover, at a time when we need to cut the deficit, in just one
little-noticed instance, this bill bypasses an opportunity to transfer
several hundred million dollars to our Treasury to help us pay down our
national debt. In fact, an amendment offered by my friend from Indiana
(Mr. Burton) was not made in order by the rule.
Mr. Burton's amendment would have required that just half of the
funds of U.S.-funded enterprise funds abroad be turned over to our U.S.
Treasury when they close down their operations. By remaining silent on
the disposition of such funds, Mr. Chairman, this bill would instead
allow loosely overseen so-called ``legacy institutions'' to take
possession of all of those funds. This bill prefers to focus on
creating new U.S.-funded foundations and offices that will add hundreds
of millions of dollars in new costs to the taxpayers over the coming
years.
And when it comes to policy issues, Mr. Chairman, this bill does not
set the priorities that we believe would best serve our Nation. Not
only does this bill provide close to $2 billion in funding for the
United Nations--not including peacekeeping--without requiring any
reform, but it also authorizes the payment of all claimed U.N. arrears
or back payments. Why should American taxpayers be asked to write a
blank check to the U.N.? Why not demand specific returns on our
investments? Instead, efforts to leverage our contributions to secure
concrete, systematic and comprehensive reforms through the U.N. system
were rejected by both the Foreign Affairs Committee and in Rules.
This bill provides an inexplicable authorization to pay a higher rate
for U.N. peacekeeping than even the U.N. is charging us. The bill's
assessment rate could result in the U.S. paying, in 1 year alone, more
than $100 million for U.N. peacekeeping above that which the U.N.
requires us to pay.
The bill also fails to take any action to address endemic corruption
at the United Nations. In fact, not only does the underlying bill and
the manager's amendment remain silent on the U.N.'s misuse of American
taxpayer funds for activities that undermine U.S. interests, but an
amendment offered by the gentleman from Indiana--again, Mr. Burton--
which sought to prevent U.S. taxpayer dollars from paying for the legal
fees of corrupt U.N. officials was rejected at Rules and will not be
considered today because, Mr. Chairman, the U.N. has decided to pay the
legal fees, possibly almost $900,000, of Benon Sevan, who ran the
U.N.'s corrupt and disastrous Oil-for-Food program which was supposed
to help innocent Iraqis but instead was exploited by Saddam's regime.
U.S. Federal and state prosecutors have charged Sevan with bribery and
conspiracy to commit wire fraud. But this bill before us does nothing
to protect taxpayer dollars from bankrolling and rewarding corruption
at the U.N.
The underlying bill also helps foster the culture of corruption at
the United Nations by failing to leverage U.S. contributions to the
U.N. Development Program, UNDP, until it accepts the jurisdiction of
the U.N. Ethics Office.
The UNDP, to which the U.S. contributes $100 million or more per
year, continues to be the poster child for mismanagement, corruption,
and waste, from Zimbabwe to Uganda to Burma to North Korea. In fact,
the United Nations Development Program had to pull out of North Korea
after reports emerged that development aid was being diverted to the
North Korean dictatorship. Now, unbelievably, UNDP is returning to
North Korea with essentially no meaningful protections to prevent U.S.
taxpayer dollars from again benefiting Kim Jong Il and his corrupt
cronies. Our Treasury Department has even engaged a collection agency
to retrieve over $7 million in U.S. taxpayer dollars mismanaged by UNDP
in Afghanistan.
We might never know about UNDP's corruption and mismanagement without
the help of brave whistleblowers. Unfortunately, whistleblowers have
few protections at the U.N., and the UNDP has reportedly retaliated
against a number of them, including the one who exposed their
operations in North Korea.
Mr. Chairman, this bill should do more in safeguarding our
constituents' hard-earned dollars. Nowhere are U.N. failures which
undermine U.S. interests clearer than with respect to the United
Nations Relief and Works Agency, UNRWA. UNRWA has a strictly
humanitarian mandate to provide aid to Palestinian refugees, but it
continues to compromise its mandate and our U.S. taxpayer dollars. It
does so by emitting propaganda against Israel in favor of Hamas, doing
business with banks targeted by our government for terror financing and
money laundering, and by refusing to vet its employees and aid
recipients for ties to Palestinian militant groups like Hamas.
UNRWA's Commissioner-General says she doesn't even consider Hamas to
be a foreign terrorist organization. And her predecessor admitted that
members of Hamas were on UNRWA's payroll, saying, I don't see that as a
crime. No one can guarantee that over hundreds of millions of dollars
in U.S. funds sent to UNRWA will not end up in the hands of Hamas. Yet,
this bill takes a see no evil, hear no evil, speak no evil approach,
refusing to demand accountability and transparency for our investments.

Supporters of this bill will claim that it strengthens
nonproliferation activities at the Department of State. However, the
pertinent section of the bill contains contradictory statements
regarding the Department's nonproliferation and arms control
infrastructure.
On the one hand, the bill asks the Secretary of State to develop a
comprehensive plan to determine what the Department actually needs in
terms of personnel, additional authorities and new appropriations in
order to carry out its arms control and nonproliferation policies. Yet,
before that plan has even been drafted, this bill removes the statutory
requirement for the Assistant Secretary for Verification and Arms
Control, authorizes $3 million for 25 new positions focused on arms
control, and mandates other programs and activities. These provisions
actually appear to be laying the foundation to reverse the reforms that
were enacted by this House in 1998 under the Foreign Affairs Reform and
Restructuring Act.
Further, by removing the requirements for the Assistant Secretary for
Verification and Arms Control, it is diminishing its importance, and
targets for possible dissolution the bureau at State that was
instrumental in the dismantlement of Libya's nuclear, chemical, and
biological weapons program. This is also the one bureau that has
consistently pressed for greater disclosure by the North Korean regime
on the totality of its nuclear activities.
And on the issue of North Korea, Mr. Chairman, this bill and our
Congress have remained largely silent on this, one of the most grave
foreign policy crises currently confronting our Nation. North Korea's
leader is preparing to test yet another long-range missile which could
reach Alaska, Hawaii, and the west coast possibly as early as next
week. Yet, an amendment I offered in Rules to address the escalating
crisis in North Korea's nuclear brinksmanship was rejected.
This amendment would have re-listed North Korea as a state sponsor of
terrorism, as suggested by Secretary of State Clinton this past
weekend. It called for full implementation of sanctions, including
those imposed by the U.N. Security Council resolutions adopted after
previous North Korean missile and nuclear tests, but never fully
enforced. It contains consequences as called for by the
administration's North Korean Special Envoy

[[Page H6433]]

after Pyongyang's April 5 missile test. This amendment raised great
concern about Pyongyang's defiant, continuing proliferation of weapons
of mass destruction to Iran, to Syria, and other rogue regimes. It also
pointed to the North Korean regime's horrific record on human rights
abuses.
Pyongyang made a provocative and reprehensible decision just a few
days ago in a secretive kangaroo court to sentence U.S. citizen
journalists Laura Ling and Euna Lee to 12 years of hard labor in the
North Korean gulag. This amendment demanded the immediate and
unconditional release of our two U.S. citizens before the lifting of
any U.S. sanctions or granting of diplomatic recognition.
Much of the language of my amendment had been accepted by the
chairman last year and incorporated into the Security Assistance and
Arms Export Control Reform Act of 2008. The Foreign Affairs Committee
unanimously adopted the agreed-upon North Korea language during a
markup held last May. Yet the amendment I offered to address this
threat to U.S. national security interests and to our allies in the
region was rejected yesterday by the Rules Committee.
In conclusion, Mr. Chairman, at a time when our country faces a range
of threats in our own hemisphere, this bill does not set out a
comprehensive approach to those threats. The bill also displays a
willingness to put our national security interests in the hands of the
vaguely defined ``international community.''
Mr. Chairman, because of the fundamental weaknesses and the core
problems with this bill that have not been addressed, I will not be
able to support this bill. I urge my colleagues to also oppose H.R.
2410 and vote ``no'' on final passage.
With that, Mr. Chairman, I reserve the balance of my time.
Mr. BERMAN. Mr. Chairman, I am very pleased to yield 3 minutes to the
vice chair of the House Foreign Affairs Committee, the chairman of the
Subcommittee on the Middle East and South Asia, Mr. Ackerman.
(Mr. ACKERMAN asked and was given permission to revise and extend his
remarks.)
Mr. ACKERMAN. I rise in strong support of H.R. 2410, the Foreign
Relations Authorizations Act. And I want to commend our chairman, the
gentleman from California, for his commitment to this legislation,
which I believe is a reflection of the gentleman's enormous dedication
to this institution and its role under the Constitution.
For many years, the Foreign Relations Authorization Act has been held
hostage to debates about abortion and family planning, to the inability
of the other body to get 60 of their Members to agree to anything, and
to a general feeling that it just wasn't essential to do. The result
has been an insidious decay of the effectiveness of our diplomatic
capabilities and our capacity to influence events around the world.
Some might ask, what does this have to do with my constituents? Isn't
that why we have a strong military to protect us? Isn't that their
role? The simple answer is that our diplomats and our development
professionals are not a luxury, nor a fancy affectation of power. These
are not aristocrats sipping tea while wearing striped pants and ascots.
These are people who are on the front line of our defense. Not the
Army, not the Navy, not the Air Force, the Marines, or the Coast Guard;
it is the Foreign Service that lives always full time out in the ugly
and dangerous parts of the world representing our interests, building
alliances, monitoring and reporting on events that may affect our
security, and helping to defuse crises and tensions before they
sometimes burst into armed conflict or war.

{time} 1245

There is a simple reason that both the Secretary of Defense Gates and
Admiral Mullen, the Chairman of the Joint Chiefs of Staff, have
repeatedly and passionately insisted on the necessity of rebuilding and
strengthening the State Department. It will save the lives of the
people for whom they are responsible. It will allow the Armed Forces to
avoid conflict. It will shorten conflicts by allowing our military to
focus on security, not negotiations, not governance nor development.
In this respect, the title of the bill may mislead some. The bill is
not about foreign relations; it's really about our national security.
Our national security. It's about the safety of this Nation and our
ability to protect and advance our interests around the world. Military
power is essential. The United States would not be the country that it
is if we did not have such an extraordinary military. But our Armed
Forces exist chiefly to deter and defend. Whatever the last few years
may have suggested, we are not a Nation that believes in starting wars
to solve problems nor in the use of force to resolve political
conflicts. A strong State Department and revitalized U.S. Agency for
International Development are not favors that we do for others. These
are institutions that are essential to our national security and our
national interests. The bill is, in fact, merely a downpayment on a
process of rebuilding that should have begun years ago.
So if you want to bring our troops home from Iraq, then you know that
Iraqis have to improve their own internal cooperation and performance
in their government. Who is supposed to help them with that? If you
want to help Afghanistan and get our troops home from there, then you
know that that problem is about poppy farming and police corruption
that have to be addressed. Who is supposed to help them with that?
If you want to prevent Iran's nuclear program from setting off a
chain reaction of proliferation, then you know that we're going to need
a broad international coalition to stop them. Who's supposed to put it
together and keep it together?
We can no afford a second-rate diplomatic corps any more than we can
tolerate troops who are untrained, ships that are rusting or aircraft
that are unmaintained. Our national security is a whole. We can't
succeed with our military and fail with our diplomacy and development,
and then hope to be safe. It doesn't work.
That's what this bill is about: keeping our nation safe. And it
deserves the support of every Member.
Ms. ROS-LEHTINEN. Mr. Chairman, I am very pleased to yield 2 minutes
to the gentleman from Indiana (Mr. Burton), the ranking member on the
Subcommittee on the Middle East and South Asia, who had very good
amendments to offer yesterday.
Mr. BURTON of Indiana. I want to thank the ranking member on her
opening statement.
My goodness, I think you covered just about everything and you did it
very well. And I want to compliment your staff for working so hard on
that statement.
I'm perplexed on this bill because there is some language in there
that I like. For instance, the commitment to Israel, giving them
support for their missile defense system, I think that's a positive.
But there are so many negatives in this bill that it's going to make it
very difficult for those who would like to support it to not be able
to. Let me just give you a couple of examples, and the ranking member
just mentioned that.
North Korea should be called a terrorist state. They're launching
missiles and threatening the security of the entire region as well as
giving nuclear technology to other countries. In addition to that,
there's money in here, our tax dollars, that are going to defend Mr.
Sevan, who is hiding out in Cyprus right now because he's been indicted
and the U.N., using our tax dollars, is going to pay for his defense,
which is almost $1 million. We shouldn't be using taxpayer dollars for
that, and we ought to let the U.N. know it.
In addition to that, the bill is increasing spending by 12 percent to
$41 billion over a 2-year period. There's a pay raise in there, and I
understand these people work very hard, but we are having difficult
times here at home. People in this country are suffering, and they want
to give a 23 percent increase in pay to overseas Foreign Service
officers. I just don't get that. Maybe a pay raise of some size should
be realized, but 23 percent when this country is really suffering
economically makes no sense.
It also creates an Office for Global Women's Issues. And it's highly
likely that this office will include, in its mission, the advancement
of abortion advocacy abroad. And I don't think this body ought to be
doing that, especially those who believe so strongly in the right-to-
life provisions that we have supported in the past.
The CHAIR. The time of the gentleman has expired.

[[Page H6434]]

Ms. ROS-LEHTINEN. I yield an additional 30 seconds to the gentleman.
Mr. BURTON of Indiana. I thank the gentlewoman for yielding.
And then, of course, it has a sexual orientation amount of language
in it which would require the tracking of discrimination related to
sexual orientation for actual or perceived sexual orientation and
gender identity violations. And then, finally, it increases the U.N.
spending by so much and the contributions we would have to give by 32
percent over the 2009 levels.
This is not a good part of the bill. We would like to support the
bill, but unfortunately, there is too much junk in it, Mr. Chairman. I
wish we didn't have to say ``no'' to this.
Mr. BERMAN. Mr. Chairman, I am very pleased to yield 1 minute to one
of the new members of the committee who has been of tremendous
assistance on a variety of issues, the gentleman from Virginia (Mr.
Connolly).
Mr. CONNOLLY of Virginia. I thank the illustrious chairman of our
committee, who has done so much hard work in moving forward U.S.
foreign policy.
Mr. Chairman, I, of course, rise in support of the Foreign Relations
Authorization Act.
President Obama has redefined the playbook and raised expectations
for America's engagement in the global stage. As we all know too well,
the U.S. is involved in two theaters of war in Iraq and Afghanistan.
Defeating extremist militants will require the proper diplomatic
resources, and as Secretary Gates has stated in both the Bush and Obama
administrations, we cannot win these wars by sheer force alone.
To this end, the bill authorizes funding for 1,500 new Foreign
Service officers. It strengthens the Peace Corps by making it U.S.
policy to double the number of volunteers and by authorizing $400
million in fiscal year 2010 and $450 million in fiscal year 2011. It
requires that the President conduct an 18-month strategic review of
defense trade controls beginning not later than March 31, 2010, to
determine the effectiveness of current export regimes.
According to the Defense Department, the Department of State's
mission is critical. On July 15, Secretary of Defense Gates said,
``Truly harnessing the full strength of America requires having
civilian institutions of diplomacy and development that are adequately
staffed and properly funded.''
The CHAIR. The time of the gentleman has expired.
Ms. ROS-LEHTINEN. Mr. Chairman, I reserve the balance of my time.
Mr. BERMAN. Mr. Chairman, I am very pleased to yield to another new
Member of the House and of the committee, a great Member, Mr. McMahon,
for 1 minute.
Mr. McMAHON. Mr. Chairman, I rise today in strong support of H.R.
2410, and I would like to thank the great gentleman from California,
Chairman Berman, for working with all the members of this committee,
the more senior and the junior as well, and in particular for including
provisions that are raised by so many of my constituents back home in
Staten Island and Brooklyn, New York.
As we know, effective diplomacy complements defense strategy and
requires a combination of several important efforts, and as my
colleague the great gentleman from Virginia, Gerald Connolly, was
mentioning, Secretary of Defense Gates himself has said, ``Long-term
security challenges require our government to operate with unity,
agility, and creativity, and will require devoting considerably more
resources to nonmilitary instruments of national power.''
Mr. Chairman, the United States must be more serious about its
diplomatic commitments, responsibilities, and presence overseas to
ensure a more secure future for her own citizens. I hope that all of my
colleagues will join with us today in supporting this important
legislation and send an important message that will be heard loud and
clear around the world.
Ms. ROS-LEHTINEN. Mr. Chairman, I continue to reserve the balance of
my time.
Mr. BERMAN. Mr. Chairman, I am now pleased to yield 1 minute to a
good friend from California who has been on the committee and has
returned, the gentlewoman from California (Ms. Woolsey).
Ms. WOOLSEY. Mr. Chairman, as a member of the committee, I thank our
chairman for all he has done to make sure that this is a Foreign
Relations Authorization Act that we can be truly proud of.
I'm pleased that this bill moves our foreign policy away from
intimidation and preemption to a policy based on smart security. This
bill invests in our dedicated Foreign Service officers, increases
funding for international student exchanges, doubles the number of
Peace Corps volunteers.
We must send a clear message to the world community that we are
rededicating ourselves as a Nation to diplomacy, and H.R. 2410 actually
absolutely helps. With it, military might will no longer be our sole
representative overseas.
So I urge my colleagues to support smart security, which is
supporting education, infrastructure, diplomacy, agriculture, and we
can do that by voting in favor of this legislation.
Ms. ROS-LEHTINEN. Mr. Chairman, I continue to reserve the balance of
my time.
Mr. BERMAN. Mr. Chairman, I am very pleased to yield 1 minute to the
gentleman from North Carolina (Mr. Miller), the chairman of the Science
and Technology Subcommittee on Investigations and Oversight and a
member of the Foreign Affairs Committee.
Mr. MILLER of North Carolina. Mr. Chairman, I also rise in support of
this legislation, which takes major steps to rebuild the capacity of
our civilian foreign affairs agencies. It will strengthen diplomacy and
development, two neglected pillars of our national security. Most
important, this bill strengthens our capacity to prevent genocide and
meet the needs of peacekeeping missions in the Democratic Republic of
Congo and elsewhere in the world. This bill will provide funds to
refurbish helicopters needed for peacekeeping missions.
More than 5 million people have died in the conflict in the
Democratic Republic of Congo, the deadliest conflict since the Second
World War, and violence continues in Darfur and Chad. The people of
Darfur are still waiting, as are those of the Democratic Republic of
Congo and Chad, where shortages of helicopters are crippling the work
of U.N. peacekeepers. If we are to regain our moral authority in the
world, we must continue to lead the fight against genocide and champion
the protection of innocent civilians. This bill will help.
Ms. ROS-LEHTINEN. Mr. Chairman, I continue to reserve the balance of
my time.
Mr. BERMAN. Mr. Chairman, I am very pleased to yield 1 minute to the
gentleman from Illinois (Mr. Jackson), a member of the Committee on
Appropriations.
Mr. JACKSON of Illinois. Mr. Chairman, I rise in strong support of
H.R. 2410. I want to thank Chairman Berman for including H.R. 2828, a
bill that Congressman Blunt and I cosponsored in the last Congress that
passed the House 409-12, in the manager's amendment. H.R. 2828
compensates relatives of U.S. citizens killed in the 1998 embassy
bombings in Kenya and Tanzania.
On August 7, 1998, al Qaeda truck bombs exploded simultaneously at
the embassies in Dar es Salaam, Tanzania, and Nairobi, Kenya. The
embassy bombing in Nairobi killed 12 Americans serving the American
people. They were: Sergeant Nathan Aliganga; Consul General Julian
Bartley and his son, Jay Bartley; Jean Rose Dalizu; Molly Huckaby
Hardy; Staff Sergeant Kenneth Hobson II; Prabhi Kavaler; Arlene Kirk;
Dr. Louise Martin; Michelle O'Connor; Master Sergeant Sherry Lynn Olds;
and Tom Shah.
H.R. 2828, therefore H.R. 2410, remembers their sacrifice and
provides restitution to the loved ones they left behind.
Mr. Chairman, this provision is the very least that a grateful nation
can do. I urge an ``aye'' vote on H.R. 2410, and I want to thank
Chairman Berman, Ranking Member Ros-Lehtinen, and Mr. Blunt for their
support.
Ms. ROS-LEHTINEN. Mr. Chairman, I reserve the balance of my time.
Mr. BERMAN. Mr. Chair, I am pleased to yield 1 minute to my colleague
from California (Mr. Schiff), a former member of the Foreign Affairs
Committee and a member of the Appropriations Committee.

[[Page H6435]]

(Mr. SCHIFF asked and was given permission to revise and extend his
remarks.)
Mr. SCHIFF. I thank the gentleman for yielding.
Mr. Chairman, I would like to commend the Foreign Affairs Committee
for all their hard work on the Foreign Relations Authorization Act and
thank Chairman Berman for his support and his staff for working with me
to include the Daniel Pearl Act as a part of this legislation. By
incorporating the Daniel Pearl Freedom of the Press Act, the committee
brings much-needed attention to a critical human rights issue.
This legislation calls upon the Secretary of State to greatly expand
its examination of the status of freedom in the press worldwide in the
State Department's Annual Country Reports on Human Rights Practices.
The Daniel Pearl Act requires the State Department to identify
countries in which there were violations of freedom of the press and
whether the government of those countries participate in, facilitate,
or condone the violations. This report will spotlight those governments
which seek to silence media opposition.
The Daniel Pearl Freedom of the Press Act also establishes a grant
program aimed at broadening and strengthening media independence
internationally. Grant recipients will provide regionally and
culturally relevant training to journalists and media organizations to
help them meet international standards.
Again, I thank the chairman for his leadership on human rights issues
and his support of the Daniel Pearl Freedom of the Press Act.

{time} 1300

Ms. ROS-LEHTINEN. Mr. Chairman, I am now pleased to yield 3 minutes
to the gentleman from Nebraska (Mr. Fortenberry).
Mr. FORTENBERRY. Mr. Chairman, I believe that it is critical for us
to provide a clear vision for U.S. foreign policy to represent the best
of the United States of America. I want to thank Chairman Berman and
Ranking Member Ros-Lehtinen for their efforts to bring this important
measure to the floor today.
Mr. Chairman, a Muslim cleric once whispered to me, Do not forget the
goodness of America. America is justice.
While much has changed in the world in recent years, the core ideals
that made the United States a generous, principled and prosperous
Nation--the commitment to justice for all--remain unchanged. We are now
entwined in a more interdependent world, which entails the potential
for great good or for great harm. We can innovate to build sustainable
capacities to help all persons achieve their full potential, or we can
find ourselves in a race against time in seeking to prevent advanced
technological capacities, such as nuclear weapons development, from
serving tyrannical purposes that aim to destroy and to subjugate free
people to coercive ideologies.
While not always popular, I believe that it is essential to engage
other nations as a force for good in the world by maintaining a robust
and effective diplomatic and assistance framework. This is why I do
support some of the more aggressive proposals contained in this
measure, such as the augmentation of Foreign Service officers at the
Department of State and at the United States Agency for International
Development.
We simply cannot respond to monumental changes in the world with an
overextended workforce and with diminished capacities to accomplish
complex and difficult assignments. However, it does concern me that
many people throughout the world hold a dualistic view toward our
country. Given the nature of the system of government that we have been
very fortunate to inherit, they look to us in hope, and they see the
United States as a force for great good. However, on the other hand,
they are wary of the imposition of controversial Western-style notions
upon them.
For instance, pursuant to Secretary Clinton's recent testimony before
the House Foreign Affairs Committee, we are now faced with a policy
that equates abortion advocacy with health care advocacy, a policy that
is very divisive in our own country and is one that many nations around
the world repudiate. It is not consistent with internationally accepted
notions of human rights. Such a policy will undermine the very
relationships we are seeking to strengthen through this measure.
While I see great value in strengthening our foreign relations
overall, I remain deeply concerned that the bill before us today
provides a framework for injecting jarring and discordant notes from
divisive and unresolved domestic disputes here in our country into U.S.
foreign policy. We should be using this process to find our common
ground, to develop the tools that actually bind the human family, that
lift weary human hearts around the world, that provide justice for all,
especially for vulnerable persons, including the elderly, the mother
and her unborn child, the father seeking to provide protection for his
family, and the tribe and culture seeking recognition, dignity and
freedom from tyranny and twisted ideologies.
In good conscience I cannot support this legislation as it stands
because it risks subordinating U.S. foreign policy to highly-charged
domestic social controversies and imposing controversial Western social
paradigms on cultures that should have the freedom to preserve their
most cherished traditions for the well being of men and women, families
and children.
The approach before us risks politicizing our foreign service at a
time when a strong, united, bipartisan approach to the myriad security
and diplomatic challenges we face is vital. Our foreign policy should
reflect our shared values as a nation, and I stand ready to work with
my colleagues on that which unites us. With that said, I regret that I
must urge my colleagues to vote no on this measure.
Mr. BERMAN. Mr. Chairman, I am pleased to yield 1\1/2\ minutes to the
very active and distinguished member of the committee, the gentlewoman
from Texas, Ms. Sheila Jackson-Lee.
(Ms. JACKSON-LEE of Texas asked and was given permission to revise
and extend her remarks.)
Ms. JACKSON-LEE of Texas. Thank you very much to both the chairman
and the ranking member of the full committee, Chairman Berman and
Ranking Member Ileana Ros-Lehtinen.
Mr. Chairman, it is too short a time to talk about the catastrophic
positive effect that this will have on the American people--on their
security and on their position in the world. We have always been a
country that recognizes the importance of minding our own business but,
frankly, that also understands the importance of being a good friend.
I rise to support H.R. 2410 because this legislation authorizes the
hiring of 1,500 additional Foreign Service officers over the next 2
years. If you have visited these embassies, as I have, you know that
they are the positive face of America. They work hard. They engage in
negotiations. More importantly, they solve problems. We also put
forward the necessary resources for the U.N. peacekeeping missions in
Darfur, in the Republic of Congo and in Chad.
Because of the section 1127 Sense of Congress, I am delighted that my
legislation on ensuring that we continue to push for the comprehensive
peace agreement is in this legislation.
Then I am extremely delighted and pleased that section 1104 has
placed my statelessness bill into this legislation, which dictates that
it is the purpose of this section to increase global stability and
security for the United States and for the international community and
to decrease trafficking and discrimination by reducing the number of
individuals who are de jure or de facto stateless. This will help women
and children, those who have been dispossessed and those who have been
victims of human tracking. Some of those cases have found themselves
into my own community in Texas.
So let me again, Mr. Chairman, say that I rise to support H.R. 2410.
Ms. ROS-LEHTINEN. Mr. Chairman, I am pleased to yield 3 minutes to
the gentleman from South Carolina (Mr. Inglis), a member of our Foreign
Affairs Committee.
Mr. INGLIS. I thank the gentlewoman from yielding.
Mr. Chairman, there was an exchange in the Foreign Affairs Committee
that was very instructive when it came to abortion and to this bill.
Our colleague Chris Smith, the tireless advocate for the unborn, was
asking questions of

[[Page H6436]]

Secretary Clinton. Secretary Clinton said these words to our friend
Chris Smith:
So we have a very fundamental disagreement, she said, and it is my
strongly held view that you, Chris Smith, are entitled to advocate, and
everyone who agrees with you should be free to do so anywhere in the
world, and so are we.
So who is the ``we''? If that ``we'' means the Federal Government,
the United States of America through its State Department, in the
Secretary of State's speaking ``we,'' then there is a real concern
about whether this would then become the policy of the United States to
advocate abortion overseas.
So our friend Chris Smith proposed an amendment that was rejected by
the Rules Committee that would have clarified this issue by saying that
the U.S. will not lobby countries to legalize, fund or promote abortion
except in the cases of forcible rape, incest or to save the life of the
mother.
That language was rejected by the Rules Committee, which means, in
the ``we'' that Secretary Clinton was talking about, it may be that the
United States Department of State is going to be doing exactly what she
was talking about: advocating the opposite position of what Chris Smith
was talking about.
Then the majority has inserted some language that is completely
meaningless in this bill that was made in order at the Rules Committee.
I hesitate to read it because it really is rather convoluted; but it
says that the bill does not affect existing statutory prohibitions on
the use of funds to engage in any activity or effort to alter the laws
or policies in effect in any foreign country concerning the
circumstances under which abortion is permitted, regulated or
prohibited.
Well, that sounds sort of interesting, but the problem is it's a
complete sham because the law apparently referenced doesn't exist.
Therefore, there is no prohibition, so the language is meaningless. We
don't have the protection that our friend Chris Smith was urging in the
Rules Committee and was giving us an opportunity to vote on here on the
floor to make it so that the United States Department of State is not
actively advocating the overturning of abortion laws in foreign
countries.
It is disturbing that the Rules Committee didn't make that in order
but, rather, made a sham amendment in order that does not do anything
but, actually, just obfuscates the issue. It was just very
disappointing, so I urge my colleagues to oppose this measure.
Mr. BERMAN. Mr. Chairman, I am very pleased to yield 1 minute to a
great member of the committee, the gentleman from Missouri (Mr.
Carnahan).
Mr. CARNAHAN. Mr. Chairman, I rise in strong support of this Foreign
Relations Authorization Act. It provides the necessary resources for
the State Department to fully carry out its core mission--U.S.
diplomacy based on smart power as advanced by President Obama and
Secretary of State Clinton--from authorizing funding for the U.N., for
peacekeeping operations, for international organizations to
establishing a critical study abroad program and doubling the size of
the Peace Corps. This bill provides critical support for the State
Department in helping to restore our image around the world--all
critical tools for U.S. diplomatic power.
One of my particular interests is in looking for ways to increase and
to enhance study abroad programs. Having studied overseas myself in
undergrad, I am very pleased with the inclusion of the Paul Simon Study
Abroad Act. American students who live and study in other countries not
only gain invaluable experience, but they serve as some of America's
best ambassadors.
I want to thank the chairman for including this provision as well as
my amendment, which will ensure that existing study abroad programs
have equal access to grant funding so that they can expand their
already successful missions. Mr. Chairman, thank you for your work on
this bill. It will make a substantial difference in our diplomatic
efforts to reengage the world.
Ms. ROS-LEHTINEN. Mr. Chairman, I would like to yield 2 minutes to
the gentleman from Texas (Mr. Paul), a member of our Foreign Affairs
Committee.
(Mr. PAUL asked and was given permission to revise and extend his
remarks.)
Mr. PAUL. I thank the gentlewoman for yielding me these 2 minutes.
Mr. Chairman, I rise in opposition to this bill. Some are hopeful
that this will be a less militaristic approach to our foreign policy.
Quite frankly, I don't see any changes. I wish it were something that
would represent a humble foreign policy, but when you put an extra $100
million into the military operations of the United Nations, I hardly
think this is a change in direction. Actually, it's $18 billion that is
going into more meddling, and we don't have $18 billion.
The President has now asked us here in the Congress to follow the
PAYGO rules. Well, that might be a good idea if we had set aside the
idea that we would raise taxes, but we're not going to cut any domestic
spending for this foreign spending, so the odds of this following the
PAYGO rule are essentially nil.
I want to call attention to one provision in this that is rather
disturbing to me, and that is the Civilian Stabilization Initiative.
This is new. It was not invented by this administration. It was
invented by the last administration. This is to set up a permanent
standing, nation-building office with an employment of or with the use
of nearly 5,000 individuals.
So what is the goal of this new initiative going to be? It will
facilitate democratic and political transitions in various countries.
Now, if you want to talk about interfering in the internal affairs of
other nations, that is exactly what this is all about. Facilitating
democratic and political transitions? Well, of course. We've been doing
that for a long time, but we've gotten ourselves into a lot of trouble
doing it. We did it in 1953, and we're still suffering the
consequences. This initiative is a little more honest. It's up front.
We're actually supporting and funding a facility that would be involved
in political transitions. The mandate in this is to ``reconstruct''
societies. That sounds wonderful. There are a lot of societies that
need reconstruction, but so many of the societies that we have to
reconstruct we helped to destroy or to disrupt.
Think of what our troops and our money have done in Afghanistan as
well as in Iraq. I think this provision, itself, is enough reason to
vote against this authorization.
Mr. BERMAN. Mr. Chairman, I am very pleased to yield 2 minutes to the
very distinguished chairman of the Foreign Affairs Subcommittee on the
Western Hemisphere, my friend, the gentleman from New York (Mr. Engel).
Mr. ENGEL. Well, I thank the chairman, and I especially want to thank
him for his great leadership as chairman of our Foreign Affairs
Committee.
Mr. Chairman, I certainly support this legislation. This legislation
reinvigorates the Foreign Affairs Committee, and it provides a needed
shot in the arm to American diplomacy. For too long, we have not given
our diplomats the resources they require, and this bill provides a
much-needed boost to those serving on the front lines around the world
for our country.
Specifically, H.R. 2410 authorizes 1,500 additional Foreign Service
officers, and it doubles the size of the Peace Corps.
As chairman of the Subcommittee on the Western Hemisphere, I would
also like to thank Chairman Berman for including several sections I
developed to promote good relations with our partners in the Americas.
First, the bill incorporates the countries of the Caribbean into the
Merida Initiative, a U.S.-Mexico-Central America security partnership.

{time} 1315

The Caribbean leaders told us they wanted this at the Summit of the
Americas, and I'm glad we've included this provision.
Second, the bill directs the State Department to develop a public
diplomacy plan to prepare Haiti if Temporary Protected Status is
granted to Haitians in the U.S. We need to grant TPS to Haitian
nationals in the U.S., and we must be ready to inform Haitians in Haiti
that they should not leave if TPS is provided.
Third, the bill establishes a coordinator to track all U.S.
Government Merida-related funding. With multiple government agencies
involved, Merida is too important to be lost in the bureaucratic
shuffle.

[[Page H6437]]

Finally, the bill creates an interagency task force on the prevention
of small-arms trafficking in the Western Hemisphere.
While recent media attention has focused on the high number of guns--
90 percent--recovered from crime scenes in Mexico that are originally
from the United States, this is not just a Mexico issue. Jamaican Prime
Minister Golding told me that 90 percent of the guns recovered in
Jamaica also originate in the U.S., so I'm glad we're doing something
about that in this bill.
So again, Mr. Chairman, thank you again for your excellent work on
this bill and for including these important sections that I urged, and
I look forward to voting for this bill.
Ms. ROS-LEHTINEN. Mr. Chairman, we seek to reserve at this time.
Mr. BERMAN. Mr. Chairman, I am very pleased to yield 2 minutes to the
gentleman from American Samoa. He's chairman of the Subcommittee on
Asia, the Pacific and the Global Environment, my friend, Eni
Faleomavaega.
(Mr. FALEOMAVAEGA asked and was given permission to revise and extend
his remarks.)
Mr. FALEOMAVAEGA. Mr. Chairman, I rise in strong support of the bill,
H.R. 2410, and thank the gentleman from California, our distinguished
chairman of the Committee on Foreign Affairs, for his leadership and
for his ability to bring this bill before the floor. Although there are
several portions of the bill that my subcommittee had a part in
introducing, I am especially appreciative for the inclusion of one of
the provisions to rename the South Pacific Scholarship Program in honor
of one of our distinguished late Members of this institution, the late
Congressman Phil Burton, who was chairman of the Subcommittee on
Territories and Insular Affairs. He was a voice for Pacific Island
nations and territories.
Beyond American Samoa, the late Congressman Phil Burton, who served
as a U.S. Congressman from 1964 to 1983, worked every day of his life
to ensure social justice and human dignity for all of the people, and
the people of the Pacific are especially grateful for his services.
Unbeknown to many of our colleagues, Chairman Burton was also the
driving force in recognizing the importance of certain items in the
Pacific region which our country declared as a strategic trust
immediately after World War II, and this was done before the United
Nations.
Formally known as the Trust Territory of the Pacific Islands,
Chairman Burton, in consultations with the Department of Defense, the
State Department and Interior and several other Federal agencies and
key officials of the administration, he played a pivotal role whereby
as a result of these consultations resulted in the Congress approving
certain compacts of free association for the Republic of the Marshall
Islands, the Republic of Palau, the Federated States of Micronesia, and
a coveted relationship between the United States and the Commonwealth
of the Northern Mariana Islands. I might note also that the President
of Palau has consented in helping us in terms of dealing with the
Uyghur people that hopefully that this might be resolved and worked
out.
The CHAIR. The time of the gentleman has expired.
Mr. BERMAN. I yield the gentleman an additional 15 seconds.
Mr. FALEOMAVAEGA. Congressman Burton was also instrumental in helping
establish the Pacific Island Development Program that is now an
integral part of the East-West Center.
Mr. Chair, I rise today to commend the gentleman from California, the
Honorable Howard Berman, Chairman of the Foreign Affairs Committee, for
his leadership in offering H.R. 2410, the State Department
Authorization bill, and I thank the gentleman for including a number of
my provisions in the base text.
I am especially appreciative for the inclusion of my provision to
rename the United States-South Pacific Scholarship Program (USSP) in
honor of my mentor, the late Congressman Phillip Burton who, as
Chairman of the Subcommittee on Territories and Insular Affairs, was a
voice for Pacific Island populations, and made it possible for American
Samoa's Governor and Lieutenant Governor to be popularly elected rather
than appointed by the Secretary of the Interior.
In 1951, President Harry S. Truman issued Executive Order 10264 which
transferred administrative responsibility for the islands of American
Samoa from the Secretary of the Navy to the U.S. Secretary of the
Interior. The Secretary of the Interior, in turn, appointed our
Governors.
In 1960, the people of American Samoa adopted a Constitution. The
Constitution was revised in 1966 and was approved by the Secretary of
the Interior on June 2, 1967. In 1967, the Revised Constitution of
American Samoa provided for an elected Legislature, or Fono, consisting
of a Senate and a House of Representatives. However, it did not provide
our people with the right to elect our own Governor and Lieutenant
Governor and, at the time, American Samoa was the only remaining
offshore area of the United States which did not have a popularly
elected Governor and Lieutenant Governor.
On June 10, 1976, Congressman Phil Burton took notice of American
Samoa's situation and introduced a bill to make it possible for our
Governor and Lieutenant Governor to be popularly elected rather than
appointed by the Secretary of the Interior. As staff counsel the
Committee on Interior and Insular Affairs, Congressman Burton
instructed me to draft this legislation which the U.S. House of
Representatives overwhelmingly passed by a landslide vote of 377 to 1.
Instead of sending his bill to the Senate, Congressman Burton decided
to consult further with the Secretary of the Interior, Rogers C.B.
Morton, about American Samoa's unique political status as an
unincorporated and unorganized territory which was and is unlike the
organized territories of Guam and the Virgin Islands. As a result of
their consultations, the two agreed that Secretary Morton would issue a
Secretarial Order (No. 3009) authorizing the American Samoa Government
to pass enabling legislation to provide for an elected Governor and the
Lieutenant Governor.
Secretary's Order No. 3009 amended American Samoa's Constitution to
specifically provide for an elected rather than an appointed Governor
and Lieutenant Governor. Secretary's Order 3009 was also in keeping
with the will of the majority of voters in American Samoa who voted in
favor of electing their own Governor and Lieutenant Governor in a
plebiscite that was held on August 31, 1976.
Furthermore, Congressman Phil Burton introduced legislation on August
2, 1978 to provide that the Territory of American Samoa be represented
by a nonvoting Delegate to the U.S. House of Representatives. I also
was tasked with drafting this legislation which became Public Law 95-
556 and was made effective October 31, 1978.
Beyond American Samoa, the late Congressman Phillip Burton, who
served in the U.S. Congress from 1964 to 1983, worked every day of his
life to ensure social justice and human dignity for all people, and the
people of the Pacific are especially grateful for what he has done for
us. Congressman Burton's service as Chairman of the Subcommittee on
Territories and Insular Affairs indirectly impacted U.S. foreign policy
in the South Pacific region, and it is only fitting that the USSP,
which Congress established at my request in 1994, will now be renamed
some 15 years later in honor of my mentor, if the Senate also agrees to
acknowledge and honor the late Congressman Burtons' service.
I also thank Chairman Berman for accepting my request to recognize
Kazakhstan's commitment to nonproliferation and for offering to host a
nuclear fuel bank.
My office also worked closely the Foreign Affairs Committee to
establish a Central Asia Scholarship program for public policy
internships, and to establish scholarships for indigenous peoples of
Mexico and Central and South America.
I also appreciate the Committee's support of my efforts on behalf of
Pacific Island States. Diabetes, a seriously debilitating disease, has
reached epidemic proportions in the Pacific Islands States including
the Cook Islands, Fiji, Kiribati, Marshall Islands, Micronesia, Nauru,
Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and
Vanuatu. While recognizing that simple, relatively low-cost means
already exist to reduce the incidence of diabetes significantly through
appropriate prevention and treatment programs, these programs have not
as yet reached the Pacific Islands so as to effect a major reduction in
the incidence of diabetes. In order to contribute to the improvement of
health conditions, the authorization I requested will provide
assistance for health services designed to prevent and treat diabetes
in the Pacific Islands, and also for safe water and sanitation.
I also thank the Committee for including language which I offered
regarding West Papua. I continue to believe it is necessary for the
Secretary of State to report on the 1969 Act of `Free' Choice, the
current political status of West Papua, and the extent to which the
Government of Indonesia has implemented and included the leadership and
the people of West Papua in the development and administration of
Special Autonomy. I also believe it is necessary for the Administration
to report to the appropriate Congressional committees the extent to
which the Government of Indonesia

[[Page H6438]]

has certified that it has halted human rights abuses in West Papua.
However, in consideration of Indonesia's presidential elections
scheduled for July 8, 2009, I asked Chairman Berman to pull the West
Papua language from the bill so as not to influence the outcome of the
elections. I thank Chairman Berman for agreeing to my request to remove
this language, and I am hopeful that once elections are finalized that
Indonesia will renew its commitment to implementing Special Autonomy.
Again, I thank Chairman Berman for his leadership and support in
moving this legislation forward, and I urge my colleagues to vote in
favor of H.R. 2410.
Ms. ROS-LEHTINEN. Mr. Chairman, I continue to reserve our time.
Mr. BERMAN. Mr. Chairman, for purposes of a colloquy, I'm pleased to
yield 1 minute to a former member of the committee, a member of the
Budget Committee and the Ways and Means Committee, the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. I rise, Mr. Chairman, and urge that clean water and
sanitation be addressed at the highest level at the State Department
and USAID. The lack of safe water and sanitation is an ongoing threat
to global security. It remains the world's preventable health problem,
accounting for 2 million deaths a year, a child dying every 15 seconds
and half the illness in the developing world.
We simply cannot meet our goals to deal with poverty, health and
development without addressing this crisis. On Earth day, I introduced
the bipartisan Paul Simon Water For the World Act with the goal to
provide a hundred billion of the world's poorest with first-time access
to safe drinking water and sanitation.
I would like to work with you, Mr. Chairman, to assure that clean
water and sanitation are adequately funded and represented at the
highest level of our diplomatic and development efforts.
Mr. BERMAN. I want to manifest very clearly my intention to take up a
major rewrite of foreign assistance legislation later this year, and we
will address the issues raised in the Water For the World Act as part
of that effort.
Mr. BLUMENAUER. Thank you, Mr. Chairman, I appreciate your attention
to this critical issue and am looking forward to working with you under
your leadership.
Ms. ROS-LEHTINEN. I continue to reserve.
Mr. BERMAN. Mr. Chairman, I am pleased to yield 1 minute to a friend
of a very, very long time, a member of the committee as well as the
Agriculture Committee, the gentleman from California (Mr. Costa).
Mr. COSTA. Mr. Chairman, I want to thank Chairman Berman for the hard
work that he and the committee staff have done on reauthorization of
this bill. A lot of work has been put into it, and I think all of us,
as we look upon the challenges we face around the world, understand
that there has to be a utilization of all of the tools in our foreign
policy tool box to ensure that we take care of America's interests and
that we gain greater support in our interests abroad.
Smart Power is a part of that effort. Smart Power allows us to
reenergize our diplomatic work around the globe. Specifically, the
reauthorization of this bill allows the State Department to do work
that the Department of Defense is doing, more appropriately under the
Department of State: international organizations, strengthening the
Peace Corps, focusing on drug trafficking and violence along our
southern borders. There are so many good things that this does.
Smart Power is often overlooked, but it's a vital tool in this
foreign policy toolbox. We've seen the benefits of American Smart Power
in Afghanistan and Iraq, and we need to continue to do that good work.
I thank the chairman and his staff for the importance of the
reauthorization. I urge all of the Members to vote for this bill.
Ms. ROS-LEHTINEN. I continue to reserve.
Mr. BERMAN. Mr. Chairman, I am pleased to yield 1 minute to a member
of the Foreign Affairs Committee--she was, then she wasn't, and now she
is--and my friend from Nevada (Ms. Berkley).
Ms. BERKLEY. I thank the gentleman from California for yielding and
for his extraordinary leadership not only for this bill but on our
committee.
I rise today in support of this important bill. It contains a number
of important elements that all of my colleagues should support. It
increases our diplomatic corps dramatically, allowing the hiring of
1,500 additional Foreign Service officers over the next 2 years; it
increases our financing of peacekeeping missions in Darfur and Chad; it
doubles the size of the Peace Corps and sets out a plan for better
response to humanitarian needs worldwide.
The bill also contains a sense of Congress calling for the release of
captive Israeli soldier Gilad Shalit. He has been held hostage for
nearly 3 years, and it's time that he be brought home to his family and
his loved ones. If there is ever to be a Palestinian state, returning
Gilad Shalit would be a true demonstration that the Palestinians are
capable of self-governance and humanitarian behavior.
With that, I call on my colleagues to support this bill.
Ms. ROS-LEHTINEN. I continue to reserve.
Mr. BERMAN. Mr. Chairman, I am pleased to yield 1 minute to a great
member of our committee, also a member of the Science and Technology
Committee, the gentlelady from Arizona (Ms. Giffords).
Ms. GIFFORDS. Thank you, Chairman Berman, for your leadership, and
Ranking Member Ros-Lehtinen as well.
I want to let you know that it's important that this provision on
U.S. export controls that is now going to be entered into the manager's
amendment with support is important to the fundamental job that we have
as a Member of Congress, which is our U.S. national security. A recent
report of the National Academy found that U.S. national security and
economic prosperity depends on full engagement in science, technology,
and commerce. However, some of the unintended consequences of our
current U.S. export control system have contributed to a situation in
which the U.S. is now among leaders in science and technology areas but
no longer dominates.
As Chair of the Science and Technology Committee Subcommittee on
Space and Aeronautics, I'm especially concerned about our leadership in
space, especially as more nations seek to increase their space
activities. This provision directs the President to take into account
the views of the relevant Federal departments and agencies and to
provide a report to Congress on the plans of those agencies to
streamline U.S. export controls and processes to better serve the
United States. We can't afford to undercut our scientific and
technological competitiveness.
I urge Members to support the legislation.
Ms. ROS-LEHTINEN. I continue to reserve.
Mr. BERMAN. Mr. Chairman, I am now pleased to yield to another
excellent member of the committee, former colleague in the legislature
in California, the gentlelady from California (Ms. Watson), 1 minute.
Ms. WATSON. Thank you, Mr. Chairman.
I rise today in support of H.R. 2410, particularly the section that
authorizes a way to enhance our public diplomacy efforts worldwide by
ensuring diplomatic and consular mission libraries and resource centers
open to the public to show American-made films that promote American
culture, principles, and values.
Also, there is another provision in section 214, public diplomacy
resource centers, and it amends the State Department's Basic
Authorities Act of 1956 to direct the Secretary of State to ensure that
diplomatic and consular mission libraries and resource centers are open
to the general public to the greatest extent practicable and to
schedule public showings of American films that showcase American
culture, principles, values, and history.
The CHAIR. The time of the gentlewoman has expired.
Mr. BERMAN. I am pleased to yield an additional 15 seconds.
Ms. WATSON. Also, section 215 has grants for international
documentary exchange programs and authorizes the Secretary of State to
make grants to U.S. nongovernmental organizations that use
independently produced documentary films to promote a better
understanding of the United States

[[Page H6439]]

abroad and a better understanding of global perspectives of other
countries in the United States. I urge your support.
Mr. Chair, I rise today in support of H.R. 2410, the Foreign
Relations Authorization Act of 2009, and I commend Chairman Berman for
his leadership in support of a new direction in our foreign policy.
This bill will authorize the State Department from 2010 thru 2011,
build capacity to the Department by adding fifteen hundred (1,500) new
Foreign Service Officers, and enhance our Public Diplomacy efforts
worldwide.
Section 214, Public Diplomacy Resources Center amends the State
Department Basic Authorities Act of 1956 to direct the Secretary of
State to ensure that diplomatic and consular mission libraries and
resource centers are open to the general public to the greatest extent
practicable to schedule public showings of American films that showcase
American culture, principles, values, and history.
Section 215, Grants for International Documentary Exchange Programs
authorizes the Secretary of State to make grants to U.S.
nongovernmental organizations that use independently produced
documentary films to promote a better understanding of the United
States abroad and a better understanding of global perspectives of
other countries in the United States.
Section 330, Department of State Employment Composition amends the
Foreign Relations Authorization Act of 2003 to direct the Secretary of
State to report on efforts to develop a uniform definition of diversity
that is congruent with core values and vision of the Department, and to
evaluate the diversity plans specifically relating to the Foreign
Service and Senior Foreign Service. This section also provides for a
GAO Review by the Comptroller General of the United States to assess
the employment composition, recruitment, advancement, and retention
policies of the State Department for women and minority groups.
As many of my colleagues may know the State Department has some of
the worst diversity rates among its Foreign Service Officers. If you
look at the top levels of the Foreign Service regarding diversity you
will find there is basically none.
Mr. Chair, I urge my colleagues to support H.R. 2410, a bill which
will enhance our Public Diplomacy efforts worldwide, diversify our
Foreign Service, and give the State Department the tools necessary to
meet our foreign policy goals.
Ms. ROS-LEHTINEN. I continue to reserve my time.
Mr. BERMAN. Mr. Chairman, I am now pleased to yield 1 minute to the
gentleman from New Jersey (Mr. Holt) for purposes of a colloquy.
Mr. HOLT. Mr. Chairman, I appreciate the hard work of Chairman Berman
on this bill, and I would like to enter into a colloquy with the
gentleman on the issue of science and diplomacy.
Mr. Chairman, I'm very pleased to support H.R. 2410. It's a strong
bill that accomplishes many good things. There is one area that it does
not address explicitly, and that is the role that science can play in
our diplomatic portfolio.
In his recent speech in Cairo, the President reminded us all that the
great ideas that have shaped our world have sprung up from every corner
of the planet. Science provides a common language through which
individuals from different nations and distinct cultures can
communicate, cooperate, and work together toward common goals. Science
can advance our diplomatic goals and diplomacy can advance science for
the public good.
I'm aware that the chairman is working on legislation related to
enhancing science as a tool for diplomacy, and I look forward to
working with the chairman on this effort.
I yield to the chairman.
Mr. BERMAN. I thank the gentleman for yielding.
I thank him for his suggestion. I agree completely that science
constitutes an untapped and undertapped resource in America's
diplomatic toolbox, and I can assure the gentleman that I am committed
to enhancing our capacity in this area, collaborating with him on this
effort, including further legislation as well as a role in the foreign
assistance reform process that we are working on.
Mr. HOLT. I thank the chairman.
Ms. ROS-LEHTINEN. Mr. Chairman, I would like to yield 2 minutes to
the gentleman from Indiana (Mr. Pence), our Republican Conference Chair
and a member of our Committee on Foreign Affairs.
(Mr. PENCE asked and was given permission to revise and extend his
remarks.)

{time} 1330

Mr. PENCE. Mr. Chair, I rise in opposition to the Foreign Relations
Authorization Act.
The American people deserve a foreign relations bill that respects
our Nation's budget and our Nation's values. Sadly, H.R. 2410 does
neither. At a time when ordinary Americans are struggling to make ends
meet, this legislation would add billions of dollars in new funding to
our foreign and State Department operations. Expanding taxpayer funding
of Peace Corps and the U.N. regular budget by one-third in a single
year without any U.N. reform is extraordinarily frustrating to many of
us who have been fighting to use the power of the purse here in
Washington, D.C., to drive fundamental reform in that body.
But beyond these extraordinary increases--a single-year increase of
35 percent in the State Department's basic salary and operations--this
legislation does a disservice to the values of millions of Americans
who cherish the sanctity of life and the sanctity of marriage. This
legislation creates a new office and ambassador for global women's
issues for women's empowerment internationally. Secretary Clinton
testified before our committee that it would be the policy of this
administration to protect the rights of women, including rights to
reproductive health. Democrats on the committee actually rejected an
amendment to clarify that it would not be U.S. policy to lobby
countries to legalize, fund or promote abortion. I even offered an
amendment in the committee to change language that would require State
Department training, reporting, and overseas advocacy of foreign laws
regarding homosexual activity. I sought to change that, to make it
clear that State Department employees ought to promote universally
recognized human rights, those upon which Americans agree; and that was
rejected in the committee.
This legislation, in embracing abortion rights overseas, in embracing
the advocacy of changes in laws regarding homosexuality around the
world, advocates a set of values that are at odds with the majority of
the American people. We deserve a foreign relations budget that
respects our pocketbooks and our values. This does neither, and I urge
its rejection.
The CHAIR. The gentlewoman from Florida has 30 seconds remaining, and
the gentleman from California has 3 minutes remaining.
Ms. ROS-LEHTINEN. Mr. Chairman, I would like to give the remainder of
my time and any time that the chairman of the committee has to the
wonderful gentleman from California (Mr. Rohrabacher), who is going to
be in a colloquy with our esteemed chairman.
Mr. ROHRABACHER. I would like to thank the chairman and the ranking
member very much for this courtesy.
Mr. Chairman, section 826 of our bill has been carefully crafted to
protect our national security interests. Subsection (b) of that section
provides that the President's authority in paragraph (a) to remove
satellites and related components from the United States munitions list
may not be exercised with respect to any satellite or related component
that may, directly or indirectly, be transferred to, or launched into
space by the People's Republic of China.
Do you agree with me that the intent of paragraph (b) is that, with
respect to any transfers to or launches by China, no satellite or
related component shall be removed from the United States Munitions
List?
Mr. BERMAN. Will the gentleman yield?
Mr. ROHRABACHER. I yield to the gentleman from California.
Mr. BERMAN. I appreciate it.
The answer is, I certainly do agree. In the case of China, under our
legislation, all satellites and related components must remain on the
United States munitions list.
Mr. ROHRABACHER. Thank you very much, Mr. Chairman. I thank you and
the ranking member. This is a vitally important clarification for our
aerospace industry. While at the same time opening up better trade and
technology with friendly countries, it ensures that we do not send
technology to the Chinese.
Mr. BERMAN. Will the gentleman yield further?

[[Page H6440]]

Mr. ROHRABACHER. I certainly would. Yes, sir.
Mr. BERMAN. The gentleman's remarks are worth elaborating on. The
whole notion of a domestic commercial satellite industry is very much
at stake if we can't, in appropriate situations, export and arrange for
those kinds of transfers, and I think it is part of what the gentleman
pointed out. That is why both the Satellite Industry Association and
the Aerospace Industries Association support this legislation.
Mr. ROHRABACHER. Thank you very much. Again, thank you to the ranking
member as well.
The CHAIR. The time of the gentlewoman from Florida has expired. The
gentleman from California has 1\1/2\ minutes remaining.
Mr. BERMAN. Mr. Chairman, I would like to include in the
Congressional Record an exchange of letters between the Committee on
Foreign Affairs and the Committee on Oversight and Government Reform.

House of Representatives, Committee on Oversight and
Government Reform,
Washington, DC, June 9, 2009.
Hon. Howard L. Berman,
Chairman, Committee on Foreign Affairs,
Washington, DC.
Dear Chairman Berman: I am writing about H.R. 2410, the
``Foreign Relations Authorization Act for Fiscal Years 2010
and 2011.'' The Committee on Foreign Affairs reported this
legislation to the House on June 4, 2009.
I appreciate your effort to consult with the Committee on
Oversight and Government Reform regarding those provisions of
H.R. 2410 that fall within the Oversight Committee's
jurisdiction. These provisions address issues related to the
federal civil service and government contractors.
In the interest of expediting consideration of H.R. 2410,
the Oversight Committee will not request a sequential
referral of this bill. I would, however, request your support
for the appointment of conferees from the Oversight Committee
should H.R. 2410 or a similar Senate bill be considered in
conference with the Senate. Moreover, this letter should not
be construed as a waiver of the Oversight Committee's
legislative jurisdiction over subjects addressed in H.R. 2410
that fall within the jurisdiction of the Oversight Committee.
Please include our exchange of letters on this matter in
the Congressional Record during consideration of this
legislation on the House floor. Again, I appreciate your
willingness to consult the Committee on these matters.
Sincerely,
Edolphus Towns,
Chairman.
____

House of Representatives,

Committee on Foreign Affairs,

Washington, DC, June 10, 2009.
Hon. Edolphus Towns,
Chairman, Committee on Oversight and Government Reform,
Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
2410, the Foreign Relations Authorization Act for Fiscal
Years 2010 and 2011.
I appreciate your willingness to work cooperatively on this
legislation. I recognize that the bill contains provisions
that fall within the jurisdiction of the Committee on
Oversight and Government Reform. I acknowledge that the
Committee will not seek a sequential referral of the bill and
agree that the inaction of your Committee with respect to the
bill does not in any way serve as a jurisdictional precedent
regarding our two committees.
Further, as to any House-Senate conference on the bill, I
understand that your Committee reserves the right to seek the
appointment of conferees for consideration of portions of the
bill that are within the Committee's jurisdiction, and I
agree to support a request by the Committee with respect to
serving as conferees on the bill, consistent with the
Speaker's practice in this regard.
I will ensure that our exchange of letters is included in
the Congressional Record and I look forward to working with
you on this important legislation.
Sincerely,
Howard L. Berman,
Chairman.

Mr. SIRES. Mr. Chair, today I rise to give my full support for the
passage of H.R. 2410, the Foreign Relations Authorization Act. I
believe defense, diplomacy and development are the three key components
of our national security strategy. This bill will give the Department
of State and Peace Corp the tools necessary to ensure that diplomacy
plays an integral role in furthering U.S. foreign policy goals.
H.R. 2410 strengthens our diplomatic corps by giving the Department
of State the authority to hire over 1,500 new foreign service officers
and improve their language capabilities. The bill also seeks to double
the number of Peace Corps volunteers in the field. Peace Corps
volunteers are vital to U.S. diplomacy as they are often the only
American faces in some of the world's most remote places. Finally, this
legislation establishes the Senator Paul Simon Study Abroad Foundation
to expand the number of U.S. students studying abroad, learning new
languages and fostering cultural understanding.
Mr. Chair, H.R. 2410 puts us one step closer to developing a global
security strategy that uses diplomacy as a crucial tool to help ensure
our safety at home and abroad. I would urge all of my colleagues to
support this important legislation.
Ms. Loretta Sanchez of California. Mr. Chair, I rise in support of
H.R. 2401, the Foreign Relations Authorization Act. This legislation
will enhance our national security by providing adequate resources to
the State Department, which has been underfunded for the last 8 years.
Diplomacy and international development are key components to any
national security agenda.
I was also pleased to see that title nine of the bill, which enhances
the Merida Initiative, includes provisions to further combat gun
trafficking and drug cartels. However, I was greatly disappointed that
the House Homeland Security Committee was not included in the
development of this title or the previous Merida Initiative
legislation. The Department of Homeland Security plays a significant
role in the Merida Initiative by coordinating through its agencies that
are assisting Mexico and other foreign governments address issues
surrounding smuggling, trafficking and violence at our borders and
internationally. Thus I firmly believe this committee should have been
allowed to play a role in this legislation.
As Chairwoman of the Homeland Security Subcommittee on Border,
Maritime and Global Counter Terrorism, I have held several hearings on
issues affecting the Merida initiative. These hearings focused on the
ongoing violence along our southern border, drug trafficking, weapon
trafficking and cash trafficking. My subcommittee and the full
committee on Homeland Security have been at the forefront of addressing
the threats posed by drug trafficking organizations and other
transnational crime syndicates. Many of the recommendations made during
our recent hearings, including southbound border check points for cash
and guns going into Mexico, have been implemented along the border.
The hearings also emphasized that many agencies--including the
Department of Homeland Security--will need to work together closely to
stop these growing transnational crime networks. The Merida Initiative
would not be as effective without the constant and tireless work of the
brave men and women at the Department of Homeland Security. I hope that
in the future more consideration will be given to the role the
Department of Homeland Security plays implementing critical security
initiatives like the Merida Initiative.
My colleagues on the Committee on Homeland Security look forward to
working with our friends on the other relevant committees to continue
to develop, implement and improve initiatives such as the Merida
Initiative.
I ask my colleagues to support the underlying legislation.
Ms. MATSUI. Mr. Chair, I thank my colleague on the Rules Committee,
Mr. Hastings, for yielding me time. I commend him for his hard work on
foreign relations issues.
Mr. Chair, today this Congress takes action to support our country's
interests around the world.
A strong foreign service and a healthy State Department are not
luxuries. They are absolute necessities in today's foreign policy
climate.
Our country has historically shouldered great responsibilities on the
international stage. From combating nuclear proliferation, to spurring
international development, to protecting and advancing human rights
around the world, the challenges we face as a country are great.
Two of these challenges particularly hit home for me, Mr. Chair.
As most of us know, two American journalists were sentenced to 12
years of hard labor in North Korea this week after an abrupt and
questionable trial.
One of these reporters grew up in my hometown of Sacramento. Her
family continues to maintain ties to the Sacramento community.
I know that the State Department is doing everything in its power to
secure the release of Laura Ling and Euna Lee. I commend and support
our government's efforts to bring these brave and courageous two women
back home.
With today's bill, Congress is doing its part to ensure that
Americans in similar situations around the world know that their
country will never abandon them.
Our responsibility as a nation is not only to those fortunate to call
themselves ``Americans,'' though. Another issue of urgent importance is
the plight of about 5,000 Hmong refugees in Thailand.
These refugees, including many women and children, have fled
persecution in their home

[[Page H6441]]

country of Laos based on historical grievances dating back to the
Vietnam War era. They now live in unspeakably harsh conditions in a
refugee camp in the Petchabun province of Thailand, and are under
constant threat of being forcibly repatriated back to Laos to face
certain persecution.
Our State Department has been working tirelessly to save the Hmong
from this near-certain death sentence, and I have supported these
efforts in every way that I can. I have written letters to the Thai
government and to our own foreign policy leadership, asking them to
spare the Hmong from any further suffering.
We have a responsibility to protect innocent people, Mr. Chair, just
as we have a responsibility to protect our own in countries like North
Korea.
Today's legislation gives our government the tools it needs to carry
out this essential mission. It helps us strengthen our role in
influencing world affairs so that we can work toward a future where
basic human rights and dignity are respected the world over.
For this reason, I strongly support the bill before us today, Mr.
Chair. I urge my colleagues to do the same.
Mr. FARR. Mr. Chair, Chairman Berman and the entire Foreign Affairs
committee are to be commended for bringing an excellent bill to the
floor.
These much needed reforms reflect Congress' strong support for
strengthening U.S. diplomacy and are consistent with the new vision for
global engagement championed by President Obama.
As a former Peace Corps volunteer, I am very pleased that H.R. 2410
authorizes $450 million for Peace Corps.
I'd like to express my appreciation to Chairman Berman and Ranking
Member Ileana Ros-Lehtinen for including Peace Corps in the their bill
and for supporting a substantial increase that will help send
volunteers to the 20 countries that have already requested Peace Corps
volunteers.
Recently, the Chicago Council on Global Affairs called for 300 to 600
new volunteers in Sub-Sahara Africa to work on agriculture as a step
toward America reasserting global leadership in the fight against
hunger and food insecurity.
The Chicago Council notes that ``The Peace Corps' presence goes a
long way toward convincing people that America knows about their
circumstances, is committed to partnership to lift them out of poverty
and is willing to send hard-working Americans, experienced in
agriculture, to live and work with them for an extended period.''
Rwanda's President recently wrote, ``We view the return of the Peace
Corps as a significant event in Rwanda's recovery. These young men and
women represent what is good about America; I have met former
volunteers who have run major aid programs here, invested in our
businesses, and I even count them among my friends and close
advisors.''
Peace Corps volunteers live and work in the poorest communities in
countries around the world. The work that they do day in and day out is
the finest expression of American generosity and solidarity that our
government has to offer.
I enthusiastically support H.R. 2410 and urge my colleagues to vote
for the bill.
Mr. POSEY. Mr. Chair, as every Member of the House knows, our country
is confronted with an enormous deficit of almost $2 trillion this year
alone, which is in addition to the existing mountain of national debt
and a projected debt of $1.3 trillion for next year. At some point,
this Congress needs to face the reality that you cannot continue to
spend as though the bill will never come due.
The evening news is bleak with continuing housing foreclosures and
the highest unemployment rate in decades. The Federal Reserve is
exercising emergency lending powers. Foreign investors, including the
government of China, are concerned about buying more U.S. government
debt. But the majority in this body is living in a different world. The
correct response would be for the government to live within its means,
just as American families must do. For some reason, the leadership in
Washington insists on going full-speed ahead in its binge spending,
adding perks for public employees and billions of dollars in foreign
aid spending while Americans continue to lose their jobs. Today's
Foreign Relations Authorization Act is another case-in-point of
Washington out of touch.
While American families are cutting back on their spending, this
legislation would grant an arbitrary 35 percent increase in the State
Department's basic salary and operations account, and at a time when
more Americans are unemployed than at any time in the past 25 years
this bill provides a 23 percent pay raise for Foreign Service Officers.
In committee, Democrats voted down an amendment to cap the increases in
the bill at the annualized rate of inflation. The bill also cuts the
budget for the Office of the Inspector General--the one who is to keep
a watchful eye on where Americans' tax dollars are spent.
The bill also increases funding for the United Nations (U.N.) by 30
percent over the current year's funding. In the past, any additional
U.S. taxpayer funding has been tied to further reforms. This bill
actually asks the U.N. for no reforms and provides it $100 million more
for the peacekeeping activities than they asked for. I have cosponsored
U.N. reform legislation and believe it is critical that we enact these
reforms of an entity that has serious waste, fraud and abuse problems.
As one of ninety cosponsors of H.R. 557, the United Nations
Transparency, Accountability and Reform Act, I believe Congress should
withhold funding to the U.N. unless some serious reforms are
undertaken. Instead, today's bill rewards them with significant
increases in funding. The bill also includes language affirming
controversial international agreements for which the United States is
not even a party, such as the U.N. Convention on the Law of the Sea.
This bill funds the Human Rights Council which includes the following
nations as members of the council: Saudi Arabia, Nigeria, China and
Cuba. This is ludicrous.
H.R. 2410 contains worrying language that would create a new office
with a vague directive of promoting ``women's empowerment
internationally.'' While I support ensuring that women are treated
equitably, it is important to understand what this provision will lead
to. Secretary of State Hillary Clinton testified before the Foreign
Affairs Committee stating that she would use the State Department to
``. . . protect the rights of women, including their right to
reproductive health care . . . [which] includes access to abortion.''
Thus, money will be spent within this office to promote abortion
overseas, a policy which tens of millions of Americans object to.
I urge my colleagues to vote against this legislation and work for
the good of those whom we represent by reining in the spending.
Congress should authorize and appropriate funding sufficient for
conducting a strong foreign policy, rather than increasing government
salaries, expanding the size of government foreign aid programs, and
rewarding the U.N. with more money than they asked for.
Ms. LEE of California. Mr. Chair, I rise in strong support of H.R.
2410, the Foreign Relations Authorization Act and want to thank our
Chairman for his outstanding leadership and work on this major
legislation.
In the words of President Obama, ``America is a friend of each nation
and every man, woman and child who seeks a future of peace and
dignity,'' and this legislation rightfully commits the resources
necessary to uphold that promise.
I want to just take a moment to highlight a couple of provisions that
we worked to have included in this bill:
First, I want to thank Chairman Berman for including the United
States-Caribbean Educational Exchange Program from legislation I
introduced which previously passed the House in the 110th Congress, the
Shirley A. Chisholm United States-Caribbean Educational Exchange Act.
This valuable initiative will promote better understanding of U.S.
values and culture by offering scholarships to Caribbean students to
pursue studies in the United States.
Second, I am pleased this legislation includes reporting language I
offered regarding the enduring and horrible humanitarian crisis in
Gaza. Improving the lives of the Palestinian people in Gaza is
essential to fostering conditions necessary for stability, economic and
social development, and lasting peace.
Finally, on the heels of President Obama's brilliant speech in Cairo,
I want to take a moment to underscore the importance of supporting the
President, Special Envoy Mitchell and Secretary Clinton as they bring
renewed focus and energy toward advancing a two state solution that
will bring lasting peace. And that includes supporting Israel's right
to exist and the call for an end of the continued Israeli settlements.
Again, I want to thank the gentleman for the time and encourage
support for this important bill.
Mr. STEARNS. Mr. Chair, while our constituents are losing jobs and
homes, H.R. 2410 would use borrowed money to increase funding by one-
third in a single year for State Department operations, for the UN
regular budget, and for the Peace Corps.
It would increase the State Department's basic salary and operations
account by 35%.
It would add 2,200 new Foreign Service Officers, 20 new government
entities, and 48 new reporting requirements.
Without requiring any reform, it would authorize all UN arrearages
and volunteers the U.S. pay $100 million more for peacekeeping next
year beyond what the UN is currently charging us.
The reported bill also embraces a controversial social agenda,
including provisions that could allow abortion promotion.
Attempts at the full committee mark-up to affirm the genuine
empowerment and protection of women and girls around the world was
soundly rejected.

[[Page H6442]]

In addition to problems with what the bill includes, many deserving
Republican amendments were excluded from the reported version.
One of those was a funding amendment I have offered which caps any
account increases at 3.7 percent over current year levels.
This reasonable 3.7 percent increase is the average rate of inflation
for 2008.
By taking this measured, responsible approach, my funding amendment
would produce a single-year cost savings of 2.82 billion dollars in
2010, as compared to the Majority's bill.
In short, H.R. 2410 is an irresponsible bill on policy and funding
levels.
Mr. BERMAN. I yield back the balance of my time.
The CHAIR. All time for general debate has expired.
Pursuant to the rule, the amendment in the nature of a substitute
printed in the bill shall be considered as an original bill for the
purpose of amendment under the 5-minute rule and shall be considered
read.
The text of the committee amendment is as follows:

H.R. 2410

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. Appropriate congressional committees defined.

TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of Foreign Affairs.
Sec. 102. International organizations.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Centers and foundations.

TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Subtitle A--Basic Authorities and Activities

Sec. 201. International Litigation Fund.
Sec. 202. Actuarial valuations.
Sec. 203. Special agents.
Sec. 204. Repatriation loans.

Subtitle B--Public Diplomacy at the Department of State

Sec. 211. Concentration of public diplomacy responsibilities.
Sec. 212. Establishment of Public Diplomacy Reserve Corps.
Sec. 213. Enhancing United States public diplomacy outreach.
Sec. 214. Public diplomacy resource centers.
Sec. 215. Grants for international documentary exchange programs.
Sec. 216. United States Advisory Commission on Public Diplomacy.
Sec. 217. Special Olympics.
Sec. 218. Extension of program to provide grants to American-sponsored
schools in predominantly Muslim countries to provide
scholarships.
Sec. 219. Central Asia scholarship program for public policy
internships.
Sec. 220. United States-South Pacific Scholarship Program.
Sec. 221. Scholarships for indigenous peoples of Mexico and Central and
South America.
Sec. 222. United States-Caribbean Educational Exchange Program.
Sec. 223. Exchanges between Sri Lanka and the United States to promote
dialogue among minority groups in Sri Lanka.
Sec. 224. Exchanges between Liberia and the United States for women
legislators.
Sec. 225. Public diplomacy plan for Haiti.
Sec. 226. Transfer of the Vietnam Education Foundation to the
Department of State.

Subtitle C--Consular Services and Related Matters

Sec. 231. Permanent authority to assess passport surcharge.
Sec. 232. Sense of Congress regarding additional consular services in
Moldova.
Sec. 233. Reforming refugee processing.
Sec. 234. English language and cultural awareness training for approved
refugee applicants.
Sec. 235. Iraqi refugees and internally displaced persons.
Sec. 236. Videoconference interviews.
Sec. 237. Tibet.
Sec. 238. Processing of certain visa applications.

Subtitle D--Strengthening Arms Control and Nonproliferation Activities
at the Department of State

Sec. 241. Findings and sense of Congress on the need to strengthen
United States arms control and nonproliferation
capabilities.
Sec. 242. Authorization of additional arms control and nonproliferation
positions.
Sec. 243. Additional authority of the Secretary of State.
Sec. 244. Additional flexibility for rightsizing arms control and
nonproliferation functions.
Sec. 245. Arms control and nonproliferation rotation program.
Sec. 246. Arms control and nonproliferation scholarship program.
Sec. 247. Scientific advisory committee.

TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

Subtitle A--Towards Modernizing the Department of State

Sec. 301. Towards a more modern and expeditionary Foreign Service.
Sec. 302. Quadrennial review of diplomacy and development.
Sec. 303. Establishment of the Lessons Learned Center.
Sec. 304. Locally employed staff compensation.

Subtitle B--Foreign Service Pay Equity and Death Gratuity

Sec. 311. Short title.
Sec. 312. Overseas comparability pay adjustment.
Sec. 313. Death gratuity.

Subtitle C--Other Organization and Personnel Matters

Sec. 321. Transatlantic diplomatic fellowship program.
Sec. 322. Security officers exchange program.
Sec. 323. Suspension of Foreign Service members without pay.
Sec. 324. Repeal of recertification requirement for Senior Foreign
Service.
Sec. 325. Limited appointments in the Foreign Service.
Sec. 326. Compensatory time off for travel.
Sec. 327. Reemployment of Foreign Service annuitants.
Sec. 328. Personal services contractors.
Sec. 329. Protection of intellectual property rights.
Sec. 330. Department of State employment composition.
Sec. 331. Contracting.
Sec. 332. Legislative liaison office of the Department of State.
Sec. 333. Discrimination related to sexual orientation.
Sec. 334. Office for Global Women's Issues.

TITLE IV--INTERNATIONAL ORGANIZATIONS

Subtitle A--International Leadership

Sec. 401. Short title.
Sec. 402. Promoting assignments to international organizations.
Sec. 403. Implementation and establishment of office on multilateral
negotiations.
Sec. 404. Synchronization of United States contributions to
international organizations.
Sec. 405. United States arrearages to the United Nations.

Subtitle B--General Provisions

Sec. 411. Organization of American States.
Sec. 412. Peacekeeping operations contributions.
Sec. 413. Pacific Islands Forum.
Sec. 414. Review of activities of international commissions.
Sec. 415. Enhancing nuclear safeguards.
Sec. 416. Implementation of recommendations of Commission on the
Prevention of Weapons of Mass Destruction Proliferation
and Terrorism.
Sec. 417. Asia-Pacific Economic Cooperation.

TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

Sec. 501. Authorization of appropriations for international
broadcasting.
Sec. 502. Personal services contracting program.
Sec. 503. Radio Free Europe/Radio Liberty pay parity.
Sec. 504. Employment for international broadcasting.
Sec. 505. Domestic release of the Voice of America film entitled ``A
Fateful Harvest''.
Sec. 506. Establishing permanent authority for Radio Free Asia.

TITLE VI--PEACE CORPS

Sec. 601. Findings; statement of policy.
Sec. 602. Amendments to the Peace Corps Act.
Sec. 603. Report.

TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009

Sec. 701. Short title.
Sec. 702. Findings.
Sec. 703. Purposes.
Sec. 704. Definitions.
Sec. 705. Establishment and management of the Senator Paul Simon Study
Abroad Foundation.
Sec. 706. Establishment and operation of program.
Sec. 707. Annual report.
Sec. 708. Powers of the Foundation; related provisions.
Sec. 709. General personnel authorities.
Sec. 710. GAO review.
Sec. 711. Authorization of appropriations.

TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

Subtitle A--Defense Trade Controls Performance Improvement Act of 2009

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Strategic review and assessment of the United States export
controls system.
Sec. 804. Performance goals for processing of applications for licenses
to export items on United States Munitions List.
Sec. 805. Requirement to ensure adequate staff and resources for the
Directorate of Defense Trade Controls of the Department
of State.

[[Page H6443]]

Sec. 806. Audit by Inspector General of the Department of State.
Sec. 807. Increased flexibility for use of defense trade controls
registration fees.
Sec. 808. Review of International Traffic in Arms Regulations and
United States Munitions List.
Sec. 809. Special licensing authorization for certain exports to NATO
member states, Australia, Japan, New Zealand, Israel, and
South Korea.
Sec. 810. Availability of information on the status of license
applications under chapter 3 of the Arms Export Control
Act.
Sec. 811. Sense of Congress.
Sec. 812. Definitions.
Sec. 813. Authorization of appropriations.

Subtitle B--Provisions Relating to Export Licenses

Sec. 821. Availability to Congress of Presidential directives regarding
United States arms export policies, practices, and
regulations.
Sec. 822. Increase in value of defense articles and services for
congressional review and expediting congressional review
for Israel.
Sec. 823. Diplomatic efforts to strengthen national and international
arms export controls.
Sec. 824. Reporting requirement for unlicensed exports.
Sec. 825. Report on value of major defense equipment and defense
articles exported under section 38 of the Arms Export
Control Act.
Sec. 826. Authority to remove satellites and related components from
the United States Munitions List.
Sec. 827. Review and report of investigations of violations of section
3 of the Arms Export Control Act.
Sec. 828. Report on self-financing options for export licensing
functions of DDTC of the Department of State.
Sec. 829. Clarification of certification requirement relating to
Israel's qualitative military edge.
Sec. 830. Expediting congressional defense export review period for
Israel.
Sec. 831. Updating and conforming penalties for violations of sections
38 and 39 of the Arms Export Control Act.

Subtitle C--Miscellaneous Provisions

Sec. 841. Authority to build the capacity of foreign military forces.
Sec. 842. Foreign Military Sales Stockpile Fund.
Sec. 843. Annual estimate and justification for Foreign Military Sales
program.
Sec. 844. Sense of Congress on the global arms trade.
Sec. 845. Report on United States' commitments to the security of
Israel.
Sec. 846. War Reserves Stockpile.
Sec. 847. Excess defense articles for Central and South European
countries and certain other countries.
Sec. 848. Support to Israel for missile defense.

TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

Subtitle A--General Provisions

Sec. 901. Coordinator of United States Government activities to
implement the Merida Initiative.
Sec. 902. Adding the Caribbean to the Merida Initiative.
Sec. 903. Merida Initiative monitoring and evaluation mechanism.
Sec. 904. Merida Initiative defined.

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

Sec. 911. Task force on the prevention of illicit small arms
trafficking in the Western Hemisphere.
Sec. 912. Increase in penalties for illicit trafficking in small arms
and light weapons to countries in the Western Hemisphere.
Sec. 913. Department of State rewards program.
Sec. 914. Statement of Congress supporting United States ratification
of CIFTA.

TITLE X--REPORTING REQUIREMENTS

Sec. 1001. Assessment of Special Court for Sierra Leone.
Sec. 1002. Report on United States capacities to prevent genocide and
mass atrocities.
Sec. 1003. Reports relating to programs to encourage good governance.
Sec. 1004. Reports on Hong Kong.
Sec. 1005. Democracy in Georgia.
Sec. 1006. Diplomatic relations with Israel.
Sec. 1007. Police training report.
Sec. 1008. Reports on humanitarian assistance in Gaza.
Sec. 1009. Report on activities in Haiti.
Sec. 1010. Report on religious minority communities in the Middle East.
Sec. 1011. Iran's influence in the Western Hemisphere.

TITLE XI--MISCELLANEOUS PROVISIONS

Subtitle A--General Provisions

Sec. 1101. Bilateral commission with Nigeria.
Sec. 1102. Authorities relating to the Southern Africa Enterprise
Development Fund.
Sec. 1103. Diabetes treatment and prevention and safe water and
sanitation for Pacific Island countries.
Sec. 1104. Statelessness.
Sec. 1105. Statement of Policy Regarding the Ecumenical Patriarchate.
Sec. 1106. Limitation on assistance for weather cooperation activities
to countries in the Americas.
Sec. 1107. Statement of Congress regarding Afghan women.
Sec. 1108. Global Peace Operations Initiative programs and activities.
Sec. 1109. Freedom of the press.
Sec. 1110. Information for Country Commercial Guides on business and
investment climates.
Sec. 1111. International protection of girls by preventing child
marriage.
Sec. 1112. Statement of Congress regarding return of portraits of
Holocaust victims to artist Dina Babbitt.
Sec. 1113. Statement of policy regarding Somalia.

Subtitle B--Sense of Congress Provisions

Sec. 1121. Promoting democracy and human rights in Belarus.
Sec. 1122. Sense of Congress on the humanitarian situation in Sri
Lanka.
Sec. 1123. West Papua.
Sec. 1124. Sense of Congress relating to Soviet nuclear tests and
Kazakhstan's commitment to nonproliferation.
Sec. 1125. Sense of Congress on Holocaust-era property restitution and
compensation.
Sec. 1126. Efforts to secure the freedom of Gilad Shalit.
Sec. 1127. Sense of Congress relating to Sudan.
Sec. 1128. Sense of Congress on restrictions on religious freedom in
Vietnam.

SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

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

TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

The following amounts are authorized to be appropriated for
the Department of State under ``Administration of Foreign
Affairs'' to carry out the authorities, functions, duties,
and responsibilities in the conduct of foreign affairs of the
United States, and for other purposes authorized by law:
(1) Diplomatic and consular programs.--
(A) Authorization of appropriations.--For ``Diplomatic and
Consular Programs'' $7,312,016,000 for fiscal year 2010, and
such sums as may be necessary for fiscal year 2011.
(B) Worldwide security protection.--In addition to the
amounts authorized to be appropriated by subparagraph (A),
$1,648,000,000 for fiscal year 2010, and such sums as may be
necessary for fiscal year 2011 are authorized to be
appropriated for worldwide security protection.
(C) Public diplomacy.--Of the amounts authorized to be
appropriated under subparagraph (A), $500,278,000 for fiscal
year 2010, and such sums as may be necessary for fiscal year
2011 are authorized to be appropriated for pubic diplomacy.
(D) Bureau of democracy, human rights, and labor.--Of the
amounts authorized to be appropriated under subparagraph (A),
$20,659,000 for fiscal year 2010, and such sums as may be
necessary for fiscal year 2011 are authorized to be
appropriated for the Bureau of Democracy, Human Rights, and
Labor.
(2) Capital investment fund.--For ``Capital Investment
Fund'', $160,000,000 for fiscal year 2010, and such sums as
may be necessary for fiscal year 2011.
(3) Embassy security, construction and maintenance.--For
``Embassy Security, Construction and Maintenance'',
$1,815,050,000 for fiscal year 2010, and such sums as may be
necessary for fiscal year 2011.
(4) Educational and cultural exchange programs.--
(A) Authorization of appropriations.--For ``Educational and
Cultural Exchange Programs'', $633,243,000 for fiscal year
2010, and such sums as may be necessary for fiscal year 2011.
(B) Tibetan scholarship program.--Of the amounts authorized
to be appropriated under subparagraph (A), $750,000 for
fiscal year 2010 and $800,000 for fiscal year 2011 are
authorized to be appropriated to carry out the Tibetan
scholarship program established under section 103(b)(1) of
the Human Rights, Refugee, and Other Foreign Relations
Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 2151
note).
(C) Ngawang choepel exchange programs.--Of the amounts
authorized to be appropriated under subparagraph (A), such
sums as may be necessary are authorized to be appropriated
for each of fiscal years 2010 and 2011 for the ``Ngawang
Choepel Exchange Programs'' (formerly known as ``programs of
educational and cultural exchange between the United States
and the people of Tibet'') under section 103(a) of the Human
Rights, Refugee, and Other Foreign Relations Provisions Act
of 1996 (Public Law 104-319; 22 U.S.C. 2151 note).
(5) Civilian stabilization initiative.--For ``Civilian
Stabilization Initiative'', $323,272,000 for fiscal year
2010, and such sums as may be necessary for fiscal year 2011.
(6) Representation allowances.--For ``Representation
Allowances'', $8,175,000 for fiscal year 2010, and such sums
as may be necessary for fiscal year 2011.
(7) Protection of foreign missions and officials.--
(A) Authorization of appropriations.--For Protection of
Foreign Missions and Officials, $27,159,000 for fiscal year
2010, and such sums as may be necessary for fiscal year 2011.
(B) Reimbursement for past expenses owed by the united
states.--In addition to the amounts authorized to be
appropriated under subparagraph (A), there are authorized to
be appropriated $21,000,000 for fiscal year 2010 and
$25,000,000 for fiscal year 2011 for ``Protection of Foreign
Missions and Officials'' to be used only to reimburse State
and local governments for

[[Page H6444]]

necessary expenses incurred since 1998 for the protection of
foreign missions and officials and recognized by the United
States.
(8) Emergencies in the diplomatic and consular service.--
For ``Emergencies in the Diplomatic and Consular Service'',
$10,000,000 for fiscal year 2010, and such sums as may be
necessary for fiscal year 2011.
(9) Repatriation loans.--For ``Repatriation Loans'',
$1,450,000 for fiscal year 2010, and such sums as may be
necessary for fiscal year 2011.
(10) Payment to the american institute in taiwan.--For
``Payment to the American Institute in Taiwan'', $21,174,000
for fiscal year 2010, and such sums as may be necessary for
fiscal year 2011.
(11) Office of the inspector general.--
(A) Authorization of appropriations.--For ``Office of the
Inspector General'', $100,000,000 for fiscal year 2010, and
such sums as may be necessary for fiscal year 2011.
(B) Special inspector general for iraq reconstruction.--Of
the amounts authorized to be appropriated under subparagraph
(A), $30,000,000 is authorized to be for the Special
Inspector General for Iraq Reconstruction.
(C) Special inspector general for afghanistan
reconstruction.--Of the amounts authorized to be appropriated
under subparagraph (A), $23,000,000 is authorized to be for
the Special Inspector General for Afghanistan Reconstruction.

SEC. 102. INTERNATIONAL ORGANIZATIONS.

(a) Assessed Contributions to International
Organizations.--There are authorized to be appropriated for
``Contributions to International Organizations'',
$1,797,000,000 for fiscal year 2010, and such sums as may be
necessary for fiscal year 2011, for the Department of State
to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States with respect to international organizations and
to carry out other authorities in law consistent with such
purposes.
(b) Contributions for International Peacekeeping
Activities.--There are authorized to be appropriated for
``Contributions for International Peacekeeping Activities'',
$2,260,000,000 for fiscal year 2010, and such sums as may be
necessary for fiscal year 2011, for the Department of State
to carry out the authorities, functions, duties, and
responsibilities of the United States with respect to
international peacekeeping activities and to carry out other
authorities in law consistent with such purposes.
(c) Foreign Currency Exchange Rates.--In addition to
amounts authorized to be appropriated by subsection (a),
there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2010 and 2011 to offset
adverse fluctuations in foreign currency exchange rates.
Amounts appropriated under this subsection shall be available
for obligation and expenditure only to the extent that the
Director of the Office of Management and Budget determines
and certifies to Congress that such amounts are necessary due
to such fluctuations.

SEC. 103. INTERNATIONAL COMMISSIONS.

The following amounts are authorized to be appropriated
under ``International Commissions'' for the Department of
State to carry out the authorities, functions, duties, and
responsibilities in the conduct of the foreign affairs of the
United States and for other purposes authorized by law:
(1) International boundary and water commission, united
states and mexico.--For ``International Boundary and Water
Commission, United States and Mexico''--
(A) for ``Salaries and Expenses'', $33,000,000 for fiscal
year 2010, and such sums as may be necessary for fiscal year
2011; and
(B) for ``Construction'', $43,250,000 for fiscal year 2010,
and such sums as may be necessary for fiscal year 2011.
(2) International boundary commission, united states and
canada.--For ``International Boundary Commission, United
States and Canada'', $2,385,000 for fiscal year 2010, and
such sums as may be necessary for fiscal year 2011.
(3) International joint commission.--For ``International
Joint Commission'', $7,974,000 for fiscal year 2010, and such
sums as may be necessary for fiscal year 2011.
(4) International fisheries commissions.--For
``International Fisheries Commissions'', $43,576,000 for
fiscal year 2010, and such sums as may be necessary for
fiscal year 2011.

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

(a) Authorization of Appropriations.--There are authorized
to be appropriated for ``Migration and Refugee Assistance''
for authorized activities $1,577,500,000 for fiscal year
2010, and such sums as may be necessary for fiscal year 2011.
(b) Refugee Resettlement in Israel.--Of the amounts
authorized to be appropriated by subsection (a), there are
authorized to be appropriated $25,000,000 for fiscal years
2010 and such sums as may be necessary for fiscal year 2011
for resettlement of refugees in Israel.

SEC. 105. CENTERS AND FOUNDATIONS.

(a) Asia Foundation.--There are authorized to be
appropriated for ``The Asia Foundation'' for authorized
activities, $20,000,000 for fiscal year 2010, and $23,000,000
for fiscal year 2011.
(b) National Endowment for Democracy.--There are authorized
to be appropriated for the ``National Endowment for
Democracy'' for authorized activities, $100,000,000 for
fiscal year 2010, and such sums as may be necessary for
fiscal year 2011.
(c) Center for Cultural and Technical Interchange Between
East and West.--There are authorized to be appropriated for
the ``Center for Cultural and Technical Interchange Between
East and West'' for authorized activities, such sums as may
be necessary for each of fiscal years 2010 and 2011.

TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

Subtitle A--Basic Authorities and Activities

SEC. 201. 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
``by the Department of State from another agency of the
United States Government or pursuant to'' and inserting ``by
the Department of State as a result of a decision of an
international tribunal, from another agency of the United
States Government, or pursuant to''.

SEC. 202. ACTUARIAL VALUATIONS.

The Foreign Service Act of 1980 is amended--
(1) in section 818 (22 U.S.C. 4058)--
(A) in the first sentence, by striking ``Secretary of the
Treasury'' and inserting ``Secretary of State''; and
(B) by amending the second sentence to read as follows:
``The Secretary of State is authorized to expend from money
to the credit of the Fund such sums as may be necessary to
administer the provisions of this chapter, including
actuarial advice, but only to the extent and in such amounts
as are provided in advance in appropriations acts.'';
(2) in section 819 (22 U.S.C. 4059), in the first sentence,
by striking ``Secretary of the Treasury'' the second place it
appears and inserting ``Secretary of State'';
(3) in section 825(b) (22 U.S.C. 4065(b)), by striking
``Secretary of the Treasury'' and inserting ``Secretary of
State''; and
(4) section 859(c) (22 U.S.C. 4071h(c))--
(A) by striking ``Secretary of the Treasury'' and inserting
``Secretary of State''; and
(B) by striking ``and shall advise the Secretary of State
of'' and inserting ``that will provide''.

SEC. 203. SPECIAL AGENTS.

(a) In General.--Paragraph (1) of section 37(a) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2709(a)) is amended to read as follows:
``(1) conduct investigations concerning--
``(A) illegal passport or visa issuance or use;
``(B) identity theft or document fraud affecting or
relating to the programs, functions, and authorities of the
Department of State; and
``(C) Federal offenses committed within the special
maritime and territorial jurisdiction of the United States as
defined in paragraph (9) of section 7 of title 18, United
States Code, except as that jurisdiction relates to the
premises of United States military missions and related
residences;''.
(b) Rule of Construction.--Nothing in paragraph (1) of such
section 37(a) (as amended by subsection (a) of this section)
shall be construed to limit the investigative authority of
any other Federal department or agency.

SEC. 204. REPATRIATION LOANS.

Section 4 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2671) is amended by adding at the end the
following new subsection:
``(e) Under such regulations as the Secretary of State may
prescribe, and in such amounts as are appropriated in
advance, the Secretary is authorized to waive in whole or
part the recovery of a repatriation loan under subsection (d)
if it is shown that such recovery would be against equity and
good conscience or against the public interest.''.

Subtitle B--Public Diplomacy at the Department of State

SEC. 211. CONCENTRATION OF PUBLIC DIPLOMACY RESPONSIBILITIES.

Section 60 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2732) is amended--
(1) in subsection (b)(1), by inserting ``in accordance with
subsection (e),'' before ``coordinate''; and
(2) by adding at the end the following new subsection:
``(e) Concentration of Public Diplomacy Responsibilities.--
``(1) In general.--The Secretary of State shall, subject to
the direction of the President, have primary responsibility
for the coordination described in subsection (b)(1), and
shall make every effort to establish and present to foreign
publics unified United States public diplomacy activities.
``(2) Quarterly meetings and ongoing consultations and
coordination.--
``(A) In general.--The Secretary shall, subject to the
direction of the President, establish a working group of the
heads of the Federal agencies referred to in subsection
(b)(1) and should seek to convene such group not less often
than once every three months to carry out the requirement
specified in paragraph (1) of this subsection.
``(B) Chair and rotating vice chair.--The Secretary shall
serve as the permanent chair of the quarterly meetings
required under subparagraph (A). Each head of a Federal
agency referred to in subsection (b)(1) shall serve on a
rotating basis as the vice chair of each such quarterly
meeting.
``(C) Initial meeting.--The initial meeting of the working
group established under subparagraph (A) shall be not later
than the date that is six months after the date of the
enactment of this subsection.
``(D) Ongoing consultations and coordination.--The
Secretary and each head of the Federal agencies referred to
in subsection (b)(1) shall designate a representative of each
respective agency to consult and coordinate with such other
representatives on an ongoing basis beginning not later than
30 days after the initial meeting of the working group under
subparagraph (C) to carry out the requirement specified in
paragraph (1) of this subsection. The designee of the
Secretary shall have primary responsibility for such ongoing
consultations and coordination.

[[Page H6445]]

``(3) Reports required.--
``(A) In general.--Except as provided in subparagraph (D),
each head of a Federal agency referred to in subsection
(b)(1) shall annually submit to the President a report on the
public diplomacy activities of each such agency in the
preceding year.
``(B) Information sharing.--The President shall make
available to the Secretary the reports submitted pursuant to
subparagraph (A).
``(C) Initial submissions.--The first annual reports
required under subparagraph (A) shall be submitted not later
than the date that is one year after the date of the
enactment of this subsection.
``(D) Limitation.--Subparagraph (A) shall not apply with
respect to activities carried out pursuant to section 167 of
title 10, United States Code.''.

SEC. 212. ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE CORPS.

(a) Finding.--Congress finds that currently a shortage of
trained public diplomacy Foreign Service officers at the mid-
career level threatens the effectiveness of United States
outreach to publics abroad.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Foreign Service should recruit individuals with
professional experience relevant to public diplomacy, and
provide training and mentoring to cultivate their skills in
order to build up the corps of professionals in the public
diplomacy cone; and
(2) apart from the public diplomacy cone, training of all
Foreign Service officers should include more information on
techniques of public diplomacy.
(c) Establishment of Public Diplomacy Reserve Corps.--
Section 301 of the Foreign Service Act of 1980 (22 U.S.C.
3941) is amended by adding at the end the following new
subsection:
``(e) Establishment of Public Diplomacy Reserve Corps.--
``(1) In general.--The Secretary of State is authorized to
establish in the Foreign Service a Public Diplomacy Reserve
Corps consisting of mid- and senior-level former Foreign
Service officers and other individuals with experience in the
private or public sector relevant to public diplomacy, to
serve for a period of six months to two years in postings
abroad.
``(2) Prohibition on certain activities.--While actively
serving with the Reserve Corps, individuals may not engage in
activities directly or indirectly intended to influence
public opinion within the United States in the same manner
and to the same extent that employees of the Department of
State engaged in public diplomacy are so prohibited.''.

SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY OUTREACH.

(a) Findings.--Congress finds the following:
(1) The platform strategy for United States public
diplomacy programs has changed dramatically with events of
the past decade. The United States Government used to operate
hundreds of free-standing facilities around the world, known
as ``American Centers'' or ``America Houses'', that offered
venues for cultural and educational events as well as access
to books, magazines, films, and other selected materials
about the United States. The consolidation of the United
States Information Agency (USIA) into the Department of State
accelerated the post-Cold War process of closing these
facilities, and the deadly attacks on United States embassies
in Tanzania and Kenya prompted the imposition of security
requirements under law that included co-locating United
States Government employees in hardened embassy compounds.
(2) Information Resource Centers, which offer library
services and space for public events, that are now located in
embassy compounds allow limited access--and in some cases,
none whatsoever--by the public, and half of them operate on a
``by appointment only'' basis. ``American Corner''
facilities, operated by local contacts in university or
public libraries in some countries, are no substitute for a
designated venue recognized as a resource for information on
United States culture and education staffed by a
knowledgeable representative of the embassy.
(b) Partnership Arrangements To Further Public Diplomacy
and Outreach.--Recognizing the security challenges of
maintaining free-standing public diplomacy facilities outside
of embassy compounds, the Secretary of State shall consider
new partnership arrangements with local or regional entities
in foreign countries that can operate free-standing American
Centers in areas well-trafficked by a cross-section of people
in such countries, including in downtown storefronts, health
care clinics, and other locations that reach beyond library
patrons and university students. Where such partnership
arrangements currently exist, the Secretary shall evaluate
the efficacy of such partnership arrangements and determine
whether such partnership arrangements can provide a model for
public diplomacy facilities outside of embassy and consulate
compounds elsewhere. Not later than 180 days after the date
of the enactment of this Act, the Secretary shall brief the
appropriate congressional committees on the evaluation and
determinations described in the preceding sentence.
(c) Establishment of Certain Public Diplomacy Facilities.--
After taking into account relevant security needs, the
Secretary of State shall consider placing United States
public diplomacy facilities at locations that maximize the
role of such facilities in the educational and cultural life
of the cities in which such facilities are located, and help
build a growing constituency for such facilities, in
accordance 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 with respect to the
location of certain United States diplomatic facilities in
foreign countries.

SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS.

(a) Establishment and Maintenance of Libraries.--Section
1(b)(3) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2651a(b)(3)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) provide for the establishment of new and the
maintenance of existing libraries and resource centers at or
in connection with United States diplomatic and consular
missions.''.
(b) Operation of Libraries.--
(1) In general.--The Secretary of State shall ensure that
libraries and resource centers established and maintained in
accordance with subparagraph (F) of section 1(b)(3) of the
State Department Basic Authorities Act of 1956 (as added by
subsection (a)(3) of this section) are open to the general
public to the greatest extent practicable, subject to
policies and procedures established by the Secretary to
ensure the safety and security of United States diplomatic
and consular missions and of United States officers,
employees, and personnel posted at such missions at which
such libraries are located.
(2) Showings of united states films.--To the extent
practicable, the Secretary of State shall ensure that such
libraries and resource centers schedule public showings of
United States films that showcase United States culture,
society, values, and history.
(c) Advisory Commission on Public Diplomacy.--Not later
than one year after the date of the enactment of this
section, the Advisory Commission on Public Diplomacy
(authorized under section 1334 of the Foreign Affairs Reform
and Restructuring Act of 1998 (22 U.S.C. 6553)) shall submit
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report containing an evaluation of the functions and
effectiveness of the libraries and resource centers that are
authorized under this section.
(d) Authorization of Appropriations.--From amounts
authorized to be appropriated for Diplomatic and Consular
Programs pursuant to section 101(1)(A), 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.

SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY EXCHANGE
PROGRAMS.

(a) Findings.--Congress finds the following:
(1) Since September 11, 2001, a distorted perception of the
United States has grown abroad, even as many Americans
struggle to understand the increasingly complex world beyond
the borders of the United States.
(2) This public diplomacy crisis poses an ongoing threat to
United States security, diplomatic relations, commerce, and
citizen-to-citizen relationships between the United States
and other countries.
(3) Independently produced documentary films have proven to
be an effective means of communicating United States ideas
and values to populations of other countries.
(4) It is in the interest of the United States to provide
assistance to United States nongovernmental organizations
that produce and distribute independently produced
documentary films.
(b) Assistance.--The Secretary of State is authorized to
make grants, on such terms and conditions as the Secretary
may determine, to United States nongovernmental organizations
that use independently produced documentary films to promote
better understanding of the United States abroad and better
understanding of global perspectives and other countries in
the United States.
(c) Activities Supported.--Grants provided under subsection
(b) shall, to the maximum extent practicable, be used to
carry out the following activities:
(1) Fund, distribute, and promote documentary films that
convey a diversity of views about life in the United States
to foreign audiences and bring insightful foreign
perspectives to United States audiences.
(2) Support documentaries described in paragraph (1) that
are made by independent foreign and domestic producers,
selected through a peer review process.
(3) Develop a network of overseas partners to produce,
distribute, and broadcast such documentaries.
(d) Special Factors.--In making the grants described in
subsection (b), the Secretary shall give preference to
nongovernmental organizations that--
(1) provide at least 35 percent of the total project cost
in matching funds from non-Federal sources; and
(2) have prior experience supporting independently produced
documentary films that have been broadcast on public
television in the United States.
(e) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary shall submit to Congress
a report that contains a detailed description of the
implementation of this section for the prior year.
(f) Authorization of Appropriations.--Of the amounts
authorized to be appropriated for Educational and Cultural
Exchange Programs pursuant to section 101(4), there is
authorized to be appropriated to the Secretary of State
$5,000,000 for each of fiscal years 2010 and 2011 to carry
out this section.

SEC. 216. UNITED STATES ADVISORY COMMISSION ON PUBLIC
DIPLOMACY.

(a) Reauthorization of United States Advisory Commission on
Public Diplomacy.--

[[Page H6446]]

Section 1334 of the Foreign Affairs Reform and Restructuring
Act of 1998 (22 U.S.C. 6553) is amended by striking ``October
1, 2009'' and inserting ``October 1, 2011''.
(b) Study and Report.--Section 604(c)(2) of the United
States Information and Educational Exchange Act of 1948 (22
U.S.C. 1469(c)(2)) is amended to read as follows:
``(2)(A) Not less often than once every two years, the
Commission shall undertake an in-depth review of United
States public diplomacy programs, policies, and activities.
Each study shall assess the effectiveness of the various
mechanisms of United States public diplomacy in light of
several factors, including public and media attitudes around
the world toward the United States, United States citizens,
and United States foreign policy, and make appropriate
recommendations.
``(B) The Commission shall submit to the Secretary and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a
comprehensive report of each study required under
subparagraph (A). At the discretion of the Commission, any
report under this subsection may be submitted in classified
form or with a classified appendix.
``(C) Upon request of the Commission, the Secretary, the
Chair of the Broadcasting Board of Governors, and the head of
any other Federal agency that conducts public diplomacy or
strategic communications activities shall provide to the
Commission information to assist the Commission in carrying
out its responsibilities under this paragraph.''.
(c) Enhancing the Expertise of the United States Advisory
Commission on Public Diplomacy.--
(1) Qualifications of members.--Section 604(a)(2) of the
United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1469(a)(2)) is amended by adding at the end
the following new sentences: ``At least four members shall
have substantial experience in the conduct of public
diplomacy or comparable activities in the private sector. No
member may be an officer or employee of the United States.''.
(2) Application of amendment.--The amendment made by
paragraph (1) shall not apply to individuals who are members
of the United States Advisory Commission on Public Diplomacy
on the date of the enactment of this Act.

SEC. 217. SPECIAL OLYMPICS.

(a) Findings.--Congress finds the following:
(1) Special Olympics International has been recognized for
more than four decades as the world leader in providing life-
changing sports training and competition experiences for
persons with intellectual disabilities at all levels of
severity.
(2) While Special Olympics sports programming is widely
respected around the world, less well-known are a number of
supporting initiatives targeted to changing attitudes toward
people with intellectual disabilities, developing leaders
among the intellectual disability population, supporting
families of people with these disabilities, improving access
to health services, and enhancing government policies and
programs for people with intellectual disabilities.
(3) Special Olympics has documented the challenge of
ignorance and poor attitudes toward intellectual disability
worldwide and its capacity to change discriminatory attitudes
to understanding, acceptance, and advocacy for people with
intellectual disabilities. It does so through an array of
educational and attitude change activities that affect
multiple levels of society. These activities have received
financial support from the Bureau of Educational and Cultural
Affairs (ECA) of the Department of State, among other
sources.
(b) Administration of Program.--Section 3(b) of the Special
Olympics Sport and Empowerment Act of 2004 (Public Law 108-
406) is amended, in the matter preceding paragraph (1) by
striking ``Secretary of State'' and inserting ``Secretary of
State, acting through the Assistant Secretary of State for
Educational and Cultural Affairs''.

SEC. 218. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-
SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM
COUNTRIES TO PROVIDE SCHOLARSHIPS.

Section 7113 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458; 22 U.S.C. 2452c)
is amended--
(1) in subsection (g)--
(A) by striking ``Committee on International Relations''
and inserting ``Committee on Foreign Affairs''; and
(B) by striking ``April 15, 2006, and April 15, 2008'' and
inserting ``June 15, 2010, and June 15, 2011''; and
(2) in subsection (h), by striking ``2007 and 2008'' and
inserting ``2010 and 2011''.

SEC. 219. CENTRAL ASIA SCHOLARSHIP PROGRAM FOR PUBLIC POLICY
INTERNSHIPS.

(a) Pilot Program Established.--As part of the educational
and cultural exchange programs of the Department of State,
the Secretary of State shall establish a pilot program for
fiscal years 2010 and 2011 to award scholarships to
undergraduate and graduate students from Central Asia for
public policy internships in the United States. Subject to
the availability of appropriations, for each fiscal year not
more than 50 students may participate in the program
established under this section.
(b) General Provisions.--
(1) In general.--Except as otherwise provided in this
section, the program established pursuant to subsection (a)
shall be carried out under applicable provisions of the
United States Information and Educational Exchange Act of
1948 (22 U.S.C. 1431 et seq.) and the Mutual Educational and
Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.; also
referred to as the ``Fulbright-Hays Act'').
(2) Scholarship eligibility requirements.--In addition to
such other requirements as may be established by the
Secretary of State, a scholarship recipient under this
section--
(A) shall be proficient in the English language;
(B) shall be a student at an undergraduate or graduate
school level at an accredited institution of higher education
with a record of outstanding academic achievement and
demonstrated intellectual abilities;
(C) may not have received an academic scholarship or grant
from the United States Government in the three years
preceding the award of a scholarship under this section; and
(D) may not be or have been a member of a foreign terrorist
organization (as designated by the Secretary of State in
accordance with section 219(a) of the Immigration and
Nationality Act (8 U.S.C. 1189(a))) or involved in organized
crime.
(3) Internships.--Internships under this section shall be
for periods of not more than six months.
(4) Priority consideration.--In the award of internships
under this section, the Secretary of State shall give
priority consideration to students who are underprivileged or
members of ethnic, religious, or cultural minorities.
(5) Central asia defined.--For the purposes of this
section, the term ``Central Asia'' means the countries of
Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and
Uzbekistan.
(c) Authorization of Appropriations.--Of the amounts
authorized to be appropriated pursuant to section 101(4),
there is authorized to be appropriated $600,000 for each of
fiscal years 2010 and 2011 to carry out this section.

SEC. 220. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP PROGRAM.

(a) Findings.--Congress finds the following:
(1) The United States-South Pacific Scholarship Program
(USSP), authorized by Congress and funded by the Bureau of
Educational and Cultural Affairs of the Department of State,
is a competitive, merit-based scholarship program that
ensures that Pacific Islanders have an opportunity to pursue
higher education in the United States and to obtain first-
hand knowledge of United States institutions.
(2) It is expected that these students will one day assume
leadership roles in their countries.
(3) As the Chairman of the Subcommittee on Territories and
Insular Affairs, the late Congressman Phillip Burton was a
voice for Pacific Island populations.
(4) He was also a voice for workers, the poor, and the
elderly.
(5) Congressman Burton was one of the most brilliant and
productive legislators in United States politics.
(6) He served in Congress from 1964 to 1983.
(7) He worked every day of his life to ensure social
justice and human dignity for all people.
(b) Sense of Congress.--It is the sense of Congress that--
(1) so that future generations will know his name and
remember his service, it is fitting that the leadership and
vision of Phillip Burton, especially as the Chairman of the
Subcommittee on Territories and Insular Affairs, which
indirectly impacted United States foreign policy in the South
Pacific region, should be honored; and
(2) the United States-South Pacific Scholarship Program
should be renamed the Phillip Burton Scholarship Program for
South Pacific Island Students.
(c) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated pursuant to section 101(4), $750,000 is
authorized to be appropriated for each of fiscal years 2010
and 2011 to be made available for the United States-South
Pacific Scholarship Program.
(2) Name.--Scholarships awarded under the Program shall be
referred to as ``Burton Scholarships'' and recipients of such
scholarships shall be referred to as ``Burton Scholars''.

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

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

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

(a) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) CARICOM country.--The term ``CARICOM country''--
(A) means a member country of the Caribbean Community
(CARICOM); but
(B) does not include--
(i) a country having observer status in CARICOM; or
(ii) a country the government of which the Secretary of
State has determined, for purposes of section 6(j) of the
Export Administration Act of 1979 (as continued in effect
pursuant to the International Emergency Economic Powers Act),
section 40 of the Arms Export Control Act, section 620A of
the Foreign Assistance Act of 1961, or any other provision of
law, is a government that has repeatedly provided support for
acts of international terrorism.
(3) Secretary.--Except as otherwise provided, the term
``Secretary'' means the Secretary of State.
(4) United states cooperating agency.--The term ``United
States cooperating agency'' means--

[[Page H6447]]

(A) an institution of higher education (as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a))), including, to the maximum extent
practicable, a historically Black college or university that
is a part B institution (as such term is defined in section
322(2) of such Act (20 U.S.C. 1061(2))) or a Hispanic-serving
institution (as such term is defined in section 502(5) of
such Act (20 U.S.C. 1101a(5)));
(B) a higher education association;
(C) a nongovernmental organization incorporated in the
United States; or
(D) a consortium consisting of two or more such
institutions, associations, or nongovernmental organizations.
(b) Program Authorized.--The Secretary of State is
authorized to establish an educational exchange program
between the United States and CARICOM countries, to be known
as the ``Shirley A. Chisholm United States-Caribbean
Educational Exchange Program'', under which--
(1) secondary school students from CARICOM countries will--
(A) attend a public or private secondary school in the
United States; and
(B) participate in activities designed to promote a greater
understanding of the values and culture of the United States;
and
(2) undergraduate students, graduate students, post-
graduate students, and scholars from CARICOM countries will--
(A) attend a public or private college or university,
including a community college, in the United States; and
(B) participate in activities designed to promote a greater
understanding of the values and culture of the United States.
(c) Elements of Program.--The program authorized under
subsection (b) shall meet the following requirements:
(1) The program will offer scholarships to students and
scholars based on merit and need. It is the sense of Congress
that scholarships should be offered to students and scholars
who evidence merit, achievement, and strong potential for the
studies such students and scholars wish to undertake under
the program and 60 percent of scholarships offered under the
program should be based on financial need.
(2) The program will seek to achieve gender equality in
granting scholarships under the program.
(3) Fields of study under the program will support the
labor market and development needs of CARICOM countries,
assuring a pool of technical experts to address such needs.
(4) The program will limit participation to--
(A) one year of study for secondary school students;
(B) two years of study for undergraduate students; and
(C) 12 months of study for graduate students, post-graduate
students, and scholars.
(5) For a period of time equal to the period of time of
participation in the program, but not to exceed two years,
the program will require participants who are students and
scholars described in subsection (a)(2) to--
(A) agree to return to live in a CARICOM country and
maintain residence in such country, within six months of
completion of academic studies; or
(B) agree to obtain employment that directly benefits the
growth, progress, and development of one or more CARICOM
countries and the people of such countries.
(6) The Secretary may waive, shorten the duration, or
otherwise alter the requirements of paragraph (4) in limited
circumstances of hardship, humanitarian needs, for specific
educational purposes, or in furtherance of the national
interests of the United States.
(d) Role of United States Cooperating Agencies.--The
Secretary shall consult with United States cooperating
agencies in developing the program authorized under
subsection (b). The Secretary is authorized to provide grants
to United States cooperating agencies in carrying out the
program authorized under subsection (b).
(e) Monitoring and Evaluation of Program.--
(1) In general.--The Secretary shall monitor and evaluate
the effectiveness and efficiency of the program authorized
under subsection (b). In so doing, the Secretary shall, among
other things, evaluate the program's positive or negative
effects on ``brain drain'' from the participating CARICOM
countries and suggest ways in which the program may be
improved to promote the basic goal of alleviating brain drain
from the participating CARICOM countries.
(2) Requirements.--In carrying out paragraph (1), the
Secretary shall review on a regular basis--
(A) financial information relating to the program;
(B) budget plans for the program;
(C) adjustments to plans established for the program;
(D) graduation rates of participants in the program;
(E) the percentage of participants who are students
described in subsection (b)(1) who pursue higher education;
(F) the percentage of participants who return to their home
country or another CARICOM country;
(G) the types of careers pursued by participants in the
program and the extent to which such careers are linked to
the political, economic, and social development needs of
CARICOM countries; and
(H) the impact of gender, country of origin, financial need
of students, and other relevant factors on the data collected
under subparagraphs (D) through (G).
(f) Reporting Requirements.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this section, the Secretary of State
shall submit to the appropriate congressional committees a
report on plans to implement the program authorized under
this section.
(2) Matters to be included.--The report required by
paragraph (1) shall include--
(A) a plan for selecting participants in the program,
including an estimate of the number of secondary school
students, undergraduate students, graduate students, post-
graduate students, and scholars from each country, by
educational level, who will be selected as participants in
the program for each fiscal year;
(B) a timeline for selecting United States cooperating
agencies that will assist in implementing the program;
(C) a financial plan that--
(i) identifies budget plans for each educational level
under the program; and
(ii) identifies plans or systems to ensure that the costs
to public school, college, and university education under the
program and the costs to private school, college, and
university education under the program are reasonably
allocated; and
(D) a plan to provide outreach to and linkages with
schools, colleges and universities, and nongovernmental
organizations in both the United States and CARICOM countries
for implementation of the program.
(3) Updates of report.--
(A) In general.--The Secretary shall submit to the
appropriate congressional committees updates of the report
required by paragraph (1) for each fiscal year for which
amounts are appropriated pursuant to the authorization of
appropriations under subsection (g).
(B) Matters to be included.--Such updates shall include the
following:
(i) Information on United States cooperating agencies that
are selected to assist in implementing the programs
authorized under this section.
(ii) An analysis of the positive and negative impacts the
program authorized under this section will have or is having
on ``brain drain'' from the participating CARICOM countries.
(g) Authorization of Appropriations.--Of the amounts
authorized to be appropriated pursuant to section 101(4),
there are authorized to be appropriated such sums as may be
necessary for each of fiscal years 2010 and 2011 to carry out
this section.

SEC. 223. EXCHANGES BETWEEN SRI LANKA AND THE UNITED STATES
TO PROMOTE DIALOGUE AMONG MINORITY GROUPS IN
SRI LANKA.

(a) Purpose.--It is the purpose of this section to provide
financial assistance to--
(1) establish an exchange program for Sri Lankan students
currently pursuing a high school degree to participate in
dialogue and understanding workshops in the United States;
(2) expand Sri Lankan participation in exchange programs of
the Department of State; and
(3) promote dialogue between young adults from various
ethnic, religious, linguistic, and other minority groups in
Sri Lanka.
(b) Program.--
(1) In general.--The Secretary of State shall establish an
exchange program to provide scholarships to fund exchanges to
enable Sri Lankan high school students from various ethnic,
religious, linguistic, and other minority groups to
participate in post-conflict resolution, understanding, and
dialogue promotion workshops.
(2) Dialogue workshops.--The exchange program established
under paragraph (1) shall include a dialogue workshop located
in the United States for participants in such program.
(c) Definition.--For purposes of this section, the term
``scholarship'' means an amount to be used for full or
partial support of living expenses in the United States for a
participant in the exchange program established under
subsection (b), including travel expenses to, from, and
within the United States.

SEC. 224. EXCHANGES BETWEEN LIBERIA AND THE UNITED STATES FOR
WOMEN LEGISLATORS.

(a) Purpose.--It is the purpose of this section to provide
financial assistance to--
(1) establish an exchange program for Liberian women
legislators and women staff members of the Liberian Congress;
(2) expand Liberian participation in exchange programs of
the Department of State; and
(3) promote the advancement of women in the field of
politics, with the aim of eventually reducing the rates of
domestic abuse, illiteracy, and sexism in Liberia.
(b) Program.--The Secretary of State shall establish an
exchange program in cooperation with the Women's Legislative
Caucus in Liberia to provide scholarships to fund exchanges
to enable Liberian women legislators and exceptional women
Liberian Congressional staffers to encourage more women to
participate in, and continue to be active in, politics and
the democratic process in Liberia.
(c) Scholarship Defined.--In this section, the term
``scholarship'' means an amount to be used for full or
partial support of living expenses in the United States for a
participant in the exchange program established under
subsection (b), including travel expenses to, from, and
within the United States.

SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI.

The Secretary of State shall develop a public diplomacy
plan to be implemented in the event that Temporary Protected
Status (TPS) is extended to Haitian nationals in the United
States to effectively inform Haitians living in Haiti that--
(1) TPS only permits people already in the United States as
of a specifically designated date to remain in the United
States;
(2) there are extraordinary dangers of travel by sea to the
United States in unsafe, overcrowded vessels;
(3) any Haitian interdicted at sea traveling to the United
States will be repatriated to Haiti; and

[[Page H6448]]

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

SEC. 226. TRANSFER OF THE VIETNAM EDUCATION FOUNDATION TO THE
DEPARTMENT OF STATE.

(a) Purposes.--Section 202 of the Vietnam Education
Foundation Act of 2000 (Public Law 106-554) is amended by
adding at the end the following new paragraph:
``(3) To support the development of one or more academic
institutions in Vietnam by financing the participation of
United States institutions of higher education in the
governance, management, and academic activities of such
academic institutions in Vietnam.''.
(b) Establishment.--Section 204 of such Act is amended to
read as follows:

``SEC. 204. ESTABLISHMENT.

``There is established, within the Bureau of Educational
and Cultural Affairs of the Department of State, the Vietnam
Education Foundation (referred to in this title as the
`Foundation').''.
(c) Replacement of Board of Directors With Advisory
Committee.--Section 205 of such Act is amended to read as
follows:

``SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.

``(a) Establishment.--
``(1) In general.--There may be established a Vietnam
Education Foundation Advisory Committee (referred to in this
section as the `Advisory Committee'), which shall provide
advice to the Secretary and the Assistant Secretary for
Educational and Cultural Affairs regarding the Foundation's
activities.
``(2) Membership.--The Advisory Committee shall be composed
of seven members, of whom--
``(A) three shall be appointed by the Secretary;
``(B) one shall be appointed by the majority leader of the
Senate;
``(C) one shall be appointed by the minority leader of the
Senate;
``(D) one shall be appointed by the Speaker of the House of
Representatives; and
``(E) one shall be appointed by the minority leader of the
House of Representatives.
``(3) Appointment of incumbent members of board of
directors.--Members appointed to the Advisory Committee under
paragraph (2) may include individuals who were members of the
Board of Directors of the Foundation on the date immediately
preceding the date of the enactment of this section.
``(b) Supervision.--The Foundation shall be subject to the
supervision and direction of the Secretary, working through
the Assistant Secretary for Educational and Cultural Affairs,
and in consultation with the Advisory Committee established
under subsection (a).''.
(d) Appointment of Executive Director.--Subsection (a) of
section 208 of such Act is amended--
(1) in the first sentence by striking ``shall be
appointed'' and inserting ``may be appointed''; and
(2) by striking the last sentence.
(e) Service of Executive Director to Advisory Committee.--
Such subsection is further amended, in the second sentence,
by striking ``Foundation and shall carry out'' and inserting
``Foundation, serve the Advisory Committee, and carry out''.
(f) Fellowship Program.--Section 206(a)(1)(A) of such Act
is amended by striking ``technology, and computer sciences''
and inserting ``academic computer science, public policy, and
academic and public management''.
(g) Conforming Amendments.--Such Act is amended--
(1) in section 203--
(A) by striking paragraph (1);
(B) by redesignating paragraphs (2) and (3) as paragraphs
(1) and (2), respectively; and
(C) by inserting after paragraph (2), as redesignated, the
following:
``(3) Secretary.--The term `Secretary' means the Secretary
of State.'';
(2) in section 208--
(A) in subsection (a)--
(i) in the subsection heading, by striking ``Board'' and
inserting ``Secretary''; and
(ii) by striking ``Board'' each place it appears and
inserting ``Secretary''; and
(B) in subsection (d), by striking ``Board'' and inserting
``Secretary''; and
(3) in section 209(b), by striking ``Board'' and inserting
``Secretary''.
(h) Mutual Educational and Cultural Exchange Act of 1961.--
Section 112(a) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2460(a)) is amended--
(1) in paragraph (8), by striking ``and'' at the end;
(2) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(10) programs administered by the Vietnam Education
Foundation.''.
(i) Transfer of Functions.--All functions and assets of the
Vietnam Education Foundation are transferred to the Bureau of
Educational and Cultural Affairs of the Department of State.
The Assistant Secretary for Educational and Cultural Affairs
may hire personnel who were employed by the Vietnam Education
Foundation on the date before the date of the enactment of
this Act, and such other personnel as may be necessary to
support the Foundation, in accordance with part III of title
5, United States Code.
(j) Support for Institutional Development in Vietnam.--
(1) Grants authorized.--The Secretary of State, acting
through the Assistant Secretary for Educational and Cultural
Affairs, is authorized to award 1 or more grants to
institutions of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))), which shall be used to implement graduate-level
academic and public policy management leadership programs in
Vietnam. Such programs shall--
(A) support Vietnam's equitable and sustainable
socioeconomic development;
(B) feature both teaching and research components;
(C) promote the development of institutional capacity in
Vietnam;
(D) operate according to core principles of good
governance; and
(E) enjoy autonomy from the Vietnamese government.
(2) Application.--
(A) In general.--Each institution of higher education
desiring the grant under this section shall submit an
application to the Secretary of State at such time, in such
manner, and accompanied by such information as the Secretary
may reasonably require.
(B) Competitive basis.--Each grant authorized under
subsection (a) shall be awarded on a competitive basis.
(3) Source of grant funds.--The Secretary of State may use
funds made available to the Vietnam Education Foundation
under section 207(c) of the Vietnam Education Foundation Act
of 2000 (22 U.S.C. 2452 note) for the grant awarded under
this section.
(k) Effective Date.--This section and the amendments made
by this section shall take effect on the date that is 90 days
after the date of the enactment of this section.

Subtitle C--Consular Services and Related Matters

SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT SURCHARGE.

Section 1 of the Passport Act of June 4, 1920 (22 U.S.C.
214; chapter 223, 41 Stat. 750), is amended by--
(1) striking subsection (b)(2); and
(2) redesignating subsection (b)(3) as subsection (b)(2).

SEC. 232. SENSE OF CONGRESS REGARDING ADDITIONAL CONSULAR
SERVICES IN MOLDOVA.

It is the sense of Congress that in light of serious
problems with human trafficking as well as the exceptionally
high volume of applications by citizens of Moldova to the
United States Summer Work Travel program, the Secretary of
State should make every effort to enhance consular services
at the United States embassy in Chisinau, Moldova, including
considering assigning an additional consular officer to such
post, and providing enhanced anti-trafficking training,
especially related to student exchange visas and other
vulnerable categories of visa applicants.

SEC. 233. REFORMING REFUGEE PROCESSING.

(a) Worldwide Processing Priority System.--
(1) Embassy referrals.--The Secretary of State shall expand
training of United States embassy and consular personnel to
ensure that appropriate United States embassies and
consulates are equipped and enabled to refer to the United
States refugee admissions program aliens in urgent need of
resettlement.
(2) NGO referrals.--The Secretary shall expand training of,
and communication with, nongovernmental organizations that
provide assistance to displaced and persecuted persons to
enable such organizations to refer to the United States
refugee admissions program aliens in urgent need of
resettlement.
(b) Reform of the Refugee Consultation Process.--Section
207 of the Immigration and Nationality Act (8 U.S.C. 1157) is
amended--
(1) in subsection (a)(2), by adding at the end the
following new sentence: ``In the event that a fiscal year
begins without such determination having been made, there is
authorized to be admitted in the first quarter of such fiscal
year 25 percent of the number of refugees fixed by the
President in the previous fiscal year's determination, and
any refugees admitted under this sentence shall be counted
toward the President's determination when it is made.''; and
(2) in subsection (e), in the matter preceding paragraph
(1), by striking ``discussions in person'' and inserting
``discussions in person, to be commenced not later than June
1 of each year,''.
(c) Family Reunification.--
(1) Multiple forms of relief.--Applicants for admission as
refugees shall be permitted to simultaneously pursue
admission under any other visa categories for which such
applicants may be eligible.
(2) Separated children.--In the case of a child under the
age of 18 who has been separated from the birth or adoptive
parents of such child and who is living under the care of an
alien who has been approved for admission to the United
States as a refugee, such child shall be, if it is in the
best interest of such child to be placed with such alien in
the United States, admitted as a refugee provided such child
is otherwise admissible as described in section 207(c)(3) of
the Immigration and Nationality Act (8 U.S.C. 1157(c)(3)).
(3) Children of refugee spouses.--For the purposes of
sections 207(c)(2)(A) and 208(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)), if a
refugee or asylee spouse proves that such spouse is the
biological or adoptive parent of a child, such child shall be
eligible to accompany or follow to join such parent.
(d) ERMA Account.--Section 2 of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``President'' and
inserting ``Secretary of State''; and
(B) in paragraph (2), in the second sentence--
(i) by striking ``to the President''; and
(ii) by striking ``$100,000,000'' and inserting
``$200,000,000''; and

[[Page H6449]]

(2) in subsection (d), by striking ``President'' and
inserting ``Secretary of State''.
(e) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated
such sums as may be necessary to carry out this section,
including the amendments made by this section.
(2) Rule of construction.--Nothing in this section may be
construed to reduce funds or services for other refugee
assistance or resettlement.
(f) Effective Date.--This section, and the amendments made
by this section, shall take effect on the first day of the
first fiscal year that begins after the date of the enactment
of this section.

SEC. 234. ENGLISH LANGUAGE AND CULTURAL AWARENESS TRAINING
FOR APPROVED REFUGEE APPLICANTS.

(a) In General.--The Secretary of State shall establish
overseas refugee training programs to provide English as a
second language, cultural orientation, and work orientation
training for refugees who have been approved for admission to
the United States before their departure for the United
States.
(b) Design and Implementation.--In designing and
implementing the pilot training programs referred to in
subsection (a), the Secretary shall consult with or utilize
both--
(1) nongovernmental or international organizations with
direct ties to the United States refugee resettlement
program; and
(2) nongovernmental or international organizations with
appropriate expertise in developing curriculum and teaching
English as a second language.
(c) Impact on Processing Times.--The Secretary shall ensure
that such training programs occur within current processing
times and do not unduly delay the departure for the United
States of refugees who have been approved for admission to
the United States.
(d) Timeline for Implementation.--
(1) Initial implementation.--Not later than one year after
the date of the enactment of this Act, the Secretary shall
ensure that such training programs are operating in at least
three refugee processing regions.
(2) Additional implementation.--Not later than two years
after the date of the enactment of this Act, the Secretary
shall notify the appropriate congressional committees that
such training programs are operating in five refugee
processing regions.
(e) GAO Report.--Not later than two years after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study on the implementation of
this section, including an assessment of the quality of
English as a second language curriculum and instruction, the
benefits of the orientation and English as a second language
training program to refugees, and recommendations on whether
such programs should be continued, broadened, or modified,
and shall submit to the appropriate congressional committees
a report on the findings of such study.
(f) Rule of Construction.--Nothing in this section shall be
construed to require that a refugee participate in such a
training program as a precondition for the admission to the
United States of such refugee.

SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS.

(a) In General.--The President shall develop and implement
policies and strategies to address the protection,
resettlement, and assistance needs of Iraqi refugees and
internally displaced persons (IDPs), foster long-term
solutions for stabilizing the lives of such refugees and
IDPs, monitor the development and implementation of
assistance strategies to countries in the Middle East that
are hosting refugees from Iraq, encourage the Government of
Iraq to actively engage the problem of displaced persons and
refugees and monitor the Government of Iraq's resolution of
the problem, and ensure that budget requests to Congress are
sufficient to meet an appropriate United States contribution
to the needs of Iraqi refugees, IDPs within Iraq, and other
refugees in Iraq.
(b) Interagency Process.--
(1) In general.--The President shall establish an
interagency working group to carry out the goals of
subsection (a) by facilitating interagency coordination to
develop and implement policies to address the needs of Iraqi
refugees and IDPs.
(2) Composition.--The interagency working group shall
consist of appropriate high-ranking officials from the
National Security Council, the Department of State, the
Department of Homeland Security, the United States Agency for
International Development, and such other agencies as the
President may determine.
(3) Role of secretary of state.--The Secretary of State
shall serve as principal liaison with the Government of Iraq,
its neighboring refugee hosting countries, and the
international community to solicit and direct bilateral and
multilateral contributions to address the needs of Iraqi
refugees, IDPs, and returned refugees as well as with
nongovernmental organizations working for and on behalf of
displaced Iraqis.
(c) Increase in Refugee Processing Capacity.--The Secretary
of State should, subject to the availability of
appropriations for such purpose, seek to substantially
increase the resources available to support the processing of
such applicants in Iraq.
(d) Humanitarian Assistance.--The United States should seek
to ensure that--
(1) other countries make contributions to the United
Nations High Commissioner on Refugees (UNHCR) and to other
international organizations assisting Iraqi refugees and
IDPs;
(2) the United States continues to make contributions that
are sufficient to fund not less than 50 percent of the amount
requested by the UNHCR and such other international
organizations in each of fiscal years 2010 and 2011; and
(3) the Government of Iraq makes significant contributions
to UNHCR and to other international organizations assisting
Iraqi refugees and IDPs.
(e) Statement of Policy Regarding Encouraging Voluntary
Returns.--It shall be the policy of the United States to
encourage Iraqi refugees to return to Iraq only when
conditions permit safe, sustainable returns on a voluntary
basis with the coordination of the UNHCR and the Government
of Iraq.
(f) International Cooperation.--The Secretary of State
shall work with the international community, including
governments hosting the refugees, international
organizations, nongovernmental organizations, and donors, to
develop a long-term, comprehensive international strategy for
assistance and solutions for Iraqi refugees and IDPs, and to
provide--
(1) a comprehensive assessment of the needs of Iraqi
refugees and IDPs, and the needs of the populations that host
such refugees and IDPs;
(2) assistance to international organizations assisting
IDPs and vulnerable persons in Iraq and Iraqi refugees in
neighboring countries, including through resettlement;
(3) assistance to international organizations and other
relevant entities, including such organizations and entities
providing psychosocial services and cash assistance, and such
organizations and entities facilitating voluntary returns of
displaced persons;
(4) technical assistance to the Government of Iraq to
establish better systems for meeting the needs of Iraqi IDPs
and refugees, and to other government entities, international
organizations, or nongovernmental organizations developing
legal frameworks and systems to resolve land and housing
claim disputes, including restitution;
(5) enhanced residency protections and opportunities for
Iraqi refugees to work legally; and
(6) increased transparency on behalf of host governments,
international organizations, and nongovernmental
organizations that receive assistance for Iraqi refugees and
IDPs.
(g) Enhanced Accounting.--To better assess the benefits of
United States assistance to Iraqi refugees and IDPs, the
Secretary of State, in coordination with the Administrator of
the United States Agency for International Development, as
appropriate, shall--
(1) develop performance measures to fully assess and report
progress in achieving United States goals and objectives for
Iraqi refugees and IDPs; and
(2) track and report funding apportioned, obligated, and
expended for Iraqi refugee programs in Jordan, Syria,
Lebanon, and the other host countries, to the extent
practicable.
(h) Report to Congress.--Not later than 90 days after the
date of the enactment of this Act and annually thereafter
through 2011, the President shall transmit to the appropriate
congressional committees a report on the implementation of
this section. Such report shall include--
(1) information concerning assistance and funding to host
countries and international organizations and nongovernmental
organizations;
(2) information concerning measures taken by the United
States to increase its capabilities to process Iraqi refugees
for resettlement, especially from inside Iraq;
(3) an evaluation of the effectiveness of measures
implemented by agencies of the Government of Iraq to assist
Iraqi refugees, IDPs, and other vulnerable persons and to
facilitate the safe and voluntary return of refugees;
(4) an accounting of past expenditures and a report on
plans for expenditures by the Government of Iraq on Iraqi
refugees and IDPs; and
(5) information gathered in fulfillment of subsection (g).
(i) Authorization of Appropriations.--Of the amounts
authorized to be appropriated pursuant to section 104, there
is authorized to be appropriated such sums as may be
necessary to carry out this section.

SEC. 236. VIDEOCONFERENCE INTERVIEWS.

(a) Pilot Program.--The Secretary of State may develop and
conduct a two-year pilot program for the processing of
tourist visas using secure remote videoconferencing
technology as a method for conducting visa interviews of
applicants.
(b) Report.--Not later than one year after initiating the
pilot program under subsection (a) and again not later than
three months after the conclusion of the two-year period
referred to in such subsection, the Secretary of State shall
submit to the appropriate congressional committees a report
on such pilot program. Each such report shall assess the
efficacy of using secure remote videoconferencing technology
as a method for conducting visa interviews of applicants and
include recommendations on whether or not the pilot program
should be continued, broadened, or modified.

SEC. 237. TIBET.

(a) Tibet Negotiations.--Section 613(a) of the Tibetan
Policy Act of 2002 (Public Law 107-228; 22 U.S.C. 6901 note)
is amended--
(1) in paragraph (1), by inserting before the period at the
end the following: ``and should coordinate with other
governments in multilateral efforts toward this goal'';
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following new
paragraph:
``(2) Policy coordination.--The President shall direct the
National Security Council to ensure that, in accordance with
this Act, United States policy on Tibet is coordinated and
communicated with all Executive Branch agencies in contact
with the Government of China.''.
(b) Bilateral Assistance.--Section 616 of the Tibetan
Policy Act of 2002 is amended--
(1) by redesignating subsection (d) as subsection (e); and

[[Page H6450]]

(2) by inserting after subsection (c) the following new
subsection:
``(d) United State Assistance.--The President shall provide
grants to nongovernmental organizations to support
sustainable economic development, cultural and historical
preservation, health care, education, and environmental
sustainability projects for Tibetan communities in the Tibet
Autonomous Region and in other Tibetan communities in China,
in accordance with the principles specified in subsection (e)
and subject to the review and approval of the Special
Coordinator for Tibetan Issues under section 621(d).''.
(c) Special Coordinator for Tibetan Issues.--Section 621 of
the Tibetan Policy Act of 2002 is amended--
(1) in subsection (d)--
(A) in paragraph (5), by striking ``and'' at the end;
(B) by redesignating paragraph (6) as paragraph (7); and
(C) by inserting after paragraph (5) the following new
paragraph:
``(6) review and approve all projects carried out pursuant
to section 616(d); and''; and
(2) by adding at the end the following new subsection:
``(e) Personnel.--The Secretary shall assign dedicated
personnel to the Office of the Special Coordinator for
Tibetan Issues sufficient to assist in the management of the
responsibilities of this section and section 616(d).''.
(d) Diplomatic Representation Relating to Tibet.--
(1) United states embassy in beijing.--
(A) In general.--The Secretary of State is authorized to
establish a Tibet Section within the United States Embassy in
Beijing, People's Republic of China, for the purposes of
following political, economic, and social developments inside
Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu,
and Yunnan provinces, until such time as a United States
consulate in Tibet is established. Such Tibet Section shall
have the primary responsibility for reporting on human rights
issues in Tibet and shall work in close cooperation with the
Office of the Special Coordinator for Tibetan Issues. The
chief of such Tibet Section should be of senior rank.
(B) Authorization of appropriations.--Of the amounts
authorized to be appropriated under section 101, there are
authorized to be appropriated such sums as may be necessary
for each of fiscal years 2010 and 2011 to carry out this
paragraph.
(2) In tibet.--Section 618 of the Tibetan Policy Act of
2002 is amended to read as follows:

``SEC. 618. ESTABLISHMENT OF A UNITED STATES CONSULATE IN
LHASA, TIBET.

``The Secretary shall seek to establish a United States
consulate in Lhasa, Tibet, to provide services to United
States citizens traveling to Tibet and to monitor political,
economic, and cultural developments in Tibet, including
Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan
provinces.''.
(e) Religious Persecution in Tibet.--Section 620(b) of the
Tibetan Policy Act of 2002 is amended by adding before the
period at the end the following: ``, including the
reincarnation system of Tibetan Buddhism''.

SEC. 238. PROCESSING OF CERTAIN VISA APPLICATIONS.

(a) Policy.--It shall be the policy of the Department of
State to process immigrant visa applications of immediate
relatives of United States citizens and nonimmigrant k-1 visa
applications of fiances of United States citizens within 30
days of the receipt of all necessary documents from the
applicant and the Department of Homeland Security. In the
case of a visa application where the sponsor of such
applicant is a relative other than an immediate relative, it
should be the policy of the Department of State to process
such an application within 60 days of the receipt of all
necessary documents from the applicant and the Department of
Homeland Security.
(b) Review by Head of Consular Section.--For any visa
application described in subsection (a), it shall be the
policy of the Department of State to require the head of the
consular section (or designee) of any United States
diplomatic or consular post to review any such application
that exceeds the applicable time period specified in such
subsection by more than five days, and, as appropriate,
provide for expedited processing of such application.

Subtitle D--Strengthening Arms Control and Nonproliferation Activities
at the Department of State

SEC. 241. FINDINGS AND SENSE OF CONGRESS ON THE NEED TO
STRENGTHEN UNITED STATES ARMS CONTROL AND
NONPROLIFERATION CAPABILITIES.

(a) Findings.--Congress finds the following:
(1) International security relies upon collective security
arrangements and alliances, as unilateral actions by one
country, no matter how powerful, are insufficient to cope
effectively with security threats.
(2) In the same manner, collective arrangements,
conventions, and alliances devoted to halting the
proliferation of weapons of mass destruction, their means of
production and delivery, frequently institutionalized within
multilateral treaties and conventions, are critical to
effective collective global action.
(3) In order to safeguard and advance United States
national security, the Department of State must have the
structural and human resources necessary to lead and
participate in all international negotiations, conventions,
organizations, arrangements, and implementation fora in the
field of nonproliferation and arms control.
(4) North Korea and Iran present fundamental challenges to
the global nonproliferation regime, challenges that can only
be met by active, committed, and long-term multilateral
engagement, participation, and leadership by the United
States.
(5) Further, the United States has outlined an ambitious
agenda in arms control and nonproliferation for the coming
years, including--
(A) the conclusion of a strategic arms reduction treaty
with Russia that preserves the benefits of the expiring START
I treaty and makes further reductions in the total number of
nuclear warheads in both countries, consistent with their
national security needs;
(B) United States ratification of the Comprehensive Test
Ban Treaty (CTBT), considered a foundational treaty by the
global nonproliferation community for further advances toward
greater stability and the reduction of role of nuclear
weapons;
(C) the creation of a Fissile Material Cutoff Treaty (FMCT)
to reduce the rate of production and ultimately halt the
production of militarily-useful fissile material for nuclear
weapons;
(D) the securing of vulnerable nuclear material worldwide
that could be stolen and utilized by terrorist groups and
rogue countries for nuclear and radiological weapons;
(E) the reinvigoration of the Treaty on the
Nonproliferation of Nuclear Weapons (NPT), the cornerstone of
the global nuclear nonproliferation regime, especially at the
2010 Review Conference;
(F) the expansion and greater development of the
Proliferation Security Initiative (PSI) and the Global
Initiative to Combat Nuclear Terrorism into durable
international institutions;
(G) the disruption and prevention of nuclear black markets;
(H) the convening of a Global Summit on Nuclear Security;
(I) strengthening the infrastructure and technical and
financial resources available to the International Atomic
Energy Agency (IAEA) and its international nuclear safeguards
system; and
(J) engaging multiple international conventions and
negotiations on restriction on conventional arms of various
types.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should immediately develop a
plan to strengthen the capabilities of the Department of
State to lead and participate effectively in all
international negotiations and implementation fora in the
field of nonproliferation and arms control, especially to
increase the human, organizational, and financial resources
available to the Undersecretary of State for Arms Control and
International Security;
(2) such plan should--
(A) focus especially on the recruitment and professional
development of civilian and Foreign Service officers in the
areas of arms control and nonproliferation within the
Department of State, especially to increase the number of
personnel assigned to arms control and nonproliferation and
enhance recruitment of technical specialists, as well as
provide for the long-term sustainability of personnel and
resources; and
(B) identify measures to make service in arms control and
nonproliferation offices, bureaus, and in foreign postings an
attractive path for further promotion within the Foreign
Service; and
(3) the Secretary of State should regularly keep Congress
informed as to the measures taken to strengthen the arms
control and nonproliferation capabilities of the Department
of State, including what additional legal authority or
appropriations are required.

SEC. 242. AUTHORIZATION OF ADDITIONAL ARMS CONTROL AND
NONPROLIFERATION POSITIONS.

Of the amounts authorized to be appropriated under section
101, $3,000,000 is authorized to be appropriated for an
additional 25 positions at the Department of State for arms
control and nonproliferation functions over the number of
such positions in existence as of the date of the enactment
of this Act.

SEC. 243. ADDITIONAL AUTHORITY OF THE SECRETARY OF STATE.

Section 401(d) of the Arms Control and Disarmament Act
(Public Law 87-297; 22 U.S.C. 2581) is amended, in the first
proviso, by striking ``the President'' and inserting ``the
Secretary of State''.

SEC. 244. ADDITIONAL FLEXIBILITY FOR RIGHTSIZING ARMS CONTROL
AND NONPROLIFERATION FUNCTIONS.

(a) Repeal.--Section 1112 of the Admiral James W. Nance and
Meg Donovan Foreign Relations Authorization Act, Fiscal Years
2000 and 2001 (Public Law 106-113) is repealed.
(b) Clerical Amendment.--The table of contents in section
2(b) of such Act is amended by striking the item relating to
section 1112.

SEC. 245. ARMS CONTROL AND NONPROLIFERATION ROTATION PROGRAM.

(a) Establishment.--
(1) In general.--The Secretary of State (in this section
referred to as the ``Secretary''), in consultation with the
heads of other Federal departments and agencies that are
involved in United States arms control and nonproliferation
activities, shall establish the Arms Control and
Nonproliferation Rotation Program (in this section referred
to as the ``Rotation Program'') for employees of the
Department of State (in this section referred to as the
``Department'') and such other Federal departments and
agencies. The Rotation Program shall use applicable best
practices, including those prescribed by the Chief Human
Capital Officers Council. Employees of the Department and any
other Federal department or agency participating in the
Rotation Program may be detailed among the Department or such
department or agency on a non-reimbursable basis.
(2) Goals.--The Rotation Program shall--
(A) be established in accordance with the human capital
strategic plan of the Department;

[[Page H6451]]

(B) provide midlevel Foreign Service officers and employees
of the Department, and employees of other Federal departments
and agencies concerned with arms control and nonproliferation
responsibilities the opportunity to broaden their knowledge
through exposure to other areas of the Department and such
other Federal departments and agencies;
(C) expand the knowledge base of the Department by
providing for rotational assignments of employees to such
other Federal departments and agencies;
(D) build professional relationships and contacts among the
employees in such other Federal departments and agencies;
(E) invigorate the Department's arms control and
nonproliferation workforce with professionally rewarding
opportunities; and
(F) incorporate human capital strategic plans and
activities of the Department, and address critical human
capital deficiencies, professional development, recruitment
and retention efforts, and succession planning within the
Federal workforce of the Department.
(3) Responsibilities.--The Secretary shall--
(A) provide oversight of the establishment and
implementation of the Rotation Program;
(B) establish a framework that supports the goals of the
Rotation Program and promotes cross disciplinary rotational
opportunities;
(C) establish eligibility for employees of other Federal
departments and agencies concerned with national security
responsibilities to participate in the Rotation Program and
select participants from such employees who apply;
(D) establish incentives for such employees to participate
in the Rotation Program, including promotions and employment
preferences;
(E) ensure that the Rotation Program provides professional
education and training;
(F) ensure that the Rotation Program develops qualified
employees and future leaders with broad based experience
throughout the Department; and
(G) provide for greater interaction among employees in such
Federal departments and agencies, including the Agency.
(4) Allowances, privileges, and benefits.--All allowances,
privileges, rights, seniority, and other benefits of
employees participating in the Rotation Program shall be
preserved.
(5) Reporting.--Not later than one year after the date of
the establishment of the Rotation Program, the Secretary
shall submit to the appropriate congressional committees a
report on the status of the Rotation Program, including a
description of the Rotation Program, the number of
individuals participating, and how the Rotation Program is
used in succession planning and leadership development.

SEC. 246. ARMS CONTROL AND NONPROLIFERATION SCHOLARSHIP
PROGRAM.

(a) Establishment.--
(1) In general.--The Secretary of State (in this section
referred to as the ``Secretary'') shall establish a
scholarship program (to be known as the ``Arms Control and
Nonproliferation Scholarship Program'') to award scholarships
for the purpose of recruiting and preparing students for
civilian careers in the fields of nonproliferation, arms
control, and international security to meet the critical
needs of the Department of State (in this section referred to
as the ``Department'').
(2) Selection of recipients.--
(A) Merit and agency needs.--Individuals shall be selected
to receive scholarships under this section through a
competitive process primarily on the basis of academic merit
and the arms control and nonproliferation needs of the
Department.
(B) Demonstrated commitment.--Individuals selected under
this section shall have a demonstrated interest in public
service and a commitment to the field of study for which the
scholarship is awarded.
(3) Contractual agreements.--In order to carry out the
scholarship program, the Secretary shall enter into
contractual agreements with individuals selected under
paragraph (2) pursuant to which such individuals agree to
serve as full-time employees of the Department, for a period
to be determined by the Secretary, not to exceed six years,
in arms control and nonproliferation positions needed by the
Department and for which the individuals are qualified, in
exchange for receiving a scholarship.
(b) Eligibility.--Except as provided in subjection (f), in
order to be eligible to participate in the scholarship
program, an individual shall be enrolled or accepted for
enrollment as a full-time student at an institution of higher
education and be pursuing or intend to pursue undergraduate
or graduate education in an academic field or discipline
specified in the list made available under subsection (d) and
be a United States citizen.
(c) Application.--An individual seeking a scholarship under
this section shall submit to the Secretary an application at
such time, in such manner, and containing such information,
agreements, or assurances as the Secretary may require.
(d) Programs and Fields of Study.--The Secretary shall make
publicly available a list of academic programs and fields of
study for which scholarships under this section may be
awarded.
(e) Scholarships.--
(1) In general.--The Secretary may award a scholarship
under this section for an academic year if the individual
applying for the scholarship has submitted to the Secretary,
as part of the application required under subsection (c), a
proposed academic program leading to a degree in a program or
field of study specified on the list made available under
subsection (d).
(2) Limitation on years.--An individual may not receive a
scholarship under this section for more than four academic
years, unless the Secretary grants a waiver.
(3) Student responsibilities.--Scholarship recipients shall
maintain satisfactory academic progress.
(4) Amount.--The dollar amount of a scholarship awarded
under this section for an academic year shall be determined
under regulations issued by the Secretary, but shall in no
case exceed the cost of tuition, fees, and other authorized
expenses as determined by the Secretary.
(5) Use of scholarships.--A scholarship awarded under this
section may be expended for tuition, fees, and other
authorized expenses as established by the Secretary by
regulation.
(6) Payment to institution of higher education.--The
Secretary may enter into a contractual agreement with an
institution of higher education under which the amounts
provided for a scholarship under this section for tuition,
fees, and other authorized expenses are paid directly to the
institution with respect to which such scholarship is awarded
(f) Special Consideration for Current Employees.--
Notwithstanding subsection (b), up to five percent of the
scholarships awarded under this section may be set aside for
individuals who are Federal employees on the date of the
enactment of this Act to enhance the education of such
employees in areas of critical arms control or
nonproliferation needs of the Department, for undergraduate
or graduate education under the scholarship on a full-time or
part-time basis.
(g) Repayment.--
(1) In general.--A scholarship recipient who fails to
maintain a high level of academic standing, as defined by the
Secretary who is dismissed for disciplinary reasons from the
educational institution such recipient is attending, or who
voluntarily terminates academic training before graduation
from the educational program for which the scholarship was
awarded shall be in breach of the contractual agreement under
subsection (a)(3) and, in lieu of any service obligation
arising under such agreement, shall be liable to the United
States for repayment within one year after the date of such
default of all scholarship funds paid to such recipient and
to the institution of higher education on the behalf of such
recipient under such agreement. The repayment period may be
extended by the Secretary if the Secretary determines such to
be necessary, as established by regulation.
(2) Liability.--A scholarship recipient who, for any
reason, fails to begin or complete the service obligation
under the contractual agreement under subsection (a)(3) after
completion of academic training, or fails to comply with the
terms and conditions of deferment established by the
Secretary under paragraph (1), shall be in breach of such
contractual agreement and shall be liable to the United
States for an amount equal to--
(A) the total amount of the scholarship received by such
recipient under this section; and
(B) the interest on such amounts which would be payable if
at the time the scholarship was received such scholarship was
a loan bearing interest at the maximum legally prevailing
rate.
(h) Regulations.--The Secretary shall prescribe regulations
necessary to carry out this section.
(i) Institution of Higher Education Defined.--In this
section, the term ``institution of higher education'' has the
meaning given such term under section 101 of the Higher
Education Act of 1965 (20 U.S.C. 1001).
(j) Authorization of Appropriations.--Of the amounts
authorized to be appropriated under section 101, such sums as
may be necessary are authorized to be appropriated to carry
out this section.

SEC. 247. SCIENTIFIC ADVISORY COMMITTEE.

(a) Establishment.--
(1) In general.--The President may establish a Scientific
Advisory Committee (in this section referred to as the
``Committee'') of not to exceed ten members, not fewer than
eight of whom shall be scientists.
(2) Appointment.--If the Committee is established in
accordance with paragraph (1), the members of the Committee
shall be appointed by the President, as follows:
(A) One member, who shall be a person of special scientific
distinction, shall be appointed by the President, by and with
the advice and consent of the Senate, as Chairman of the
Committee.
(B) Nine other members shall be appointed by the President.
(3) Meetings.--If the Committee is established in
accordance with paragraph (1), the Committee shall meet not
less often than twice per year.
(b) Function.--If the Committee is established in
accordance with subsection (a)(1), the Committee shall advise
the President, the Secretary of State, and the Undersecretary
for Arms Control and International Security regarding
scientific, technical, and policy matters affecting arms
control and nonproliferation.
(c) Reimbursement of Expenses.--If the Committee is
established in accordance with subsection (a)(1), the members
of the Committee may receive reimbursement of expenses only
in accordance with the provisions applicable to the
reimbursement of experts and consultants under section 401(d)
of the Arms Control and Disarmament Act (Public Law 87-297;
22 U.S.C. 2581(d)).
(d) Scientist Defined.--In this section, the term
``scientist'' means an individual who has a demonstrated
knowledge and technical expertise with respect to arms
control, nonproliferation, and disarmament matters and who
has distinguished himself or herself in any of the fields of
physics, chemistry, mathematics, biology, or engineering,
including weapons engineering.

[[Page H6452]]

TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

Subtitle A--Towards Modernizing the Department of State

SEC. 301. TOWARDS A MORE 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 those vacancies overseas
that are critical to key United States foreign policy and
national security interests, and, in particular, to prevent
crises before they emerge;
(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 before being assigned to assignments
requiring new or improved skills, members of the Foreign
Service, other than foreign national employees and consular
agents (as such terms are defined in section 103 of the
Foreign Service Act of 1980 (22 U.S.C. 3903)), as
appropriate, receive language, security, area, and other
training that is necessary to successfully execute their
responsibilities and to enable such members to obtain
advanced and other education that will increase the capacity
of the Foreign Service to complete its mission.
(b) Authorized Increases.--
(1) At the department of state.--The Secretary of State is
authorized to hire an additional 750 members of the Foreign
Service (above attrition) in fiscal year 2010 over the number
of such members employed as of September 30, 2009, and an
additional 750 members of the Foreign Service (above
attrition) in fiscal year 2011 over the number of such
members employed as of September 30, 2010.
(2) At usaid.--The Administrator of the United States
Agency for International Development is authorized to hire an
additional 350 members of the Foreign Service (above
attrition) in fiscal year 2010 over the number of such
members employed as of September 30, 2009, and an additional
350 members of the Foreign Service (above attrition) in
fiscal year 2011 over the number of such members employed as
of September 30, 2010.
(3) Rule of construction.--Nothing in this subsection shall
be construed as limiting the authority of the Secretary of
State or the Administrator of the United States Agency for
International Development to hire personnel.
(c) Expansion of Functions of the Foreign Service.--Section
104 of the Foreign Service Act of 1980 (22 U.S.C. 3904) is
amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(2) by inserting after paragraph (1) the following new
paragraph:
``(2) work actively to prevent, mitigate, and respond in a
timely manner to international crises and instability in
foreign countries that threaten the key United States foreign
policy and national security interests;''.
(d) Worldwide Availability.--Section 301(b) of the Foreign
Service Act of 1980 (22 U.S.C. 3941(b)) is amended--
(1) by inserting ``(1)'' before ``The Secretary''; and
(2) by adding at the end the following new paragraph:
``(2)(A) Except as provided in subparagraphs (B) and (C),
at the time of entry into the Service, each member of the
Service shall be available to be assigned worldwide.
``(B) With respect to the medical eligibility of any
applicant for appointment as a Foreign Service officer
candidate, the Secretary of State shall determine such
availability through appropriate medical examinations. If
based on such examinations the Secretary determines that such
applicant is ineligible to be assigned worldwide, the
Secretary may waive the worldwide availability requirement
under subparagraph (A) if the Secretary determines that such
waiver is required to fulfill a compelling Service need. The
Secretary shall establish an internal administrative review
process for medical ineligibility determinations.
``(C) The Secretary may also waive or reduce the worldwide
availability requirement under subparagraph (A) if the
Secretary determines, in the Secretary's discretion, that
such waiver or reduction is warranted.''.
(e) Recruiting Candidates Who Have Experience in Unstable
Situations.--Section 301 of the Foreign Service Act of 1980
(22 U.S.C. 3941), as amended by section 212(c) of this Act,
is further amended by adding at the end the following new
subsection:
``(f) Experience in Unstable Situations.--The fact that an
applicant for appointment as a Foreign Service officer
candidate has the experience of working in situations where
public order has been undermined by instability, or where
there is no civil authority that can effectively provide
public safety, may be considered an affirmative factor in
making such appointments.''.
(f) Training.--Section 708 of the Foreign Service Act of
1980 (22 U.S.C. 4028) is amended by adding at the end the
following new subsections:
``(c) The Secretary of State shall ensure that members of
the Service, other than foreign national employees and
consular agents, as appropriate, receive training on methods
for conflict mitigation and resolution and on the necessary
skills to be able to function successfully where public order
has been undermined by instability or where there is no civil
authority that can effectively provide public safety.
``(d) The Secretary of State shall ensure that members of
the Service, other than foreign national employees and
consular agents, as appropriate, have opportunities during
their careers to obtain advanced education and training in
academic and other relevant institutions in the United States
and abroad to increase the capacity of the Service to fulfill
its mission.''.

SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DEVELOPMENT.

(a) Development of National Strategy on Diplomacy and
Development.--
(1) In general.--Not later than December 1, 2010, the
President shall develop and transmit to the appropriate
congressional committees a national strategy on United States
diplomacy and development. The strategy shall include the
following:
(A) An identification of key objectives and missions for
United States foreign policy and foreign assistance policies
and programs, including a clear statement on United States
objectives for development assistance.
(B) A description of the roles of civilian agencies and
mechanisms for implementing such strategy, including
interagency coordination.
(C) The requirements for overseas infrastructure necessary
to carry out such strategy.
(D) Plans to adapt such agencies and mechanisms to changing
circumstances and the role of international institutions in
such strategy.
(E) Budget requirements to carry out such strategy.
(F) Other elements of United States foreign policy and
foreign assistance policies and programs with a view toward
determining and expressing the strategy of the United States
and establishing a diplomacy and development program for the
next ten years.
(2) Relationship to national security strategy.--The
strategy described in paragraph (1) shall be consistent with
any National Security Strategy prescribed by the President
pursuant to section 108 of the National Security Act of 1947
(50 U.S.C. 404a) that has been issued after the date of the
enactment of this Act.
(b) Review Required.--
(1) In general.--Beginning in 2013, the President shall
every four years, during a year following a year evenly
divisible by four, conduct a comprehensive examination (to be
known as a ``Quadrennial Review of Diplomacy and
Development'') of the national strategy for United States
diplomacy and development described in subsection (a).
(2) Key elements of review.--The review described in
paragraph (1) shall include the following:
(A) A review of all elements of the strategy described in
subsection (a), consistent with the most recent National
Security Strategy prescribed by the President pursuant to
section 108 of the National Security Act of 1947 (50 U.S.C.
404a) that has been issued after the date of the enactment of
this Act.
(B) A review of the roles and responsibilities of Federal
departments and agencies in carrying out the strategy
described in subsection (a) and the mechanisms for
cooperation between such departments and agencies, including
the coordination of such departments and agencies and the
relationship between the principal offices of such
departments and agencies and offices defining sufficient
capacity, resources, overseas infrastructure, budget plan,
and other elements of United States diplomacy and development
of the United States that would be required to have a high
level of confidence that the United States can successfully
execute the full range of missions called for in such
strategy.
(C) Identifying the budget plan that would be required to
provide sufficient resources to execute successfully the full
range of missions called for in the strategy described in
subsection (a) at a high level of success and any additional
resources required to achieve such a level of success.
(D) Making recommendations that are not constrained to
comply with the budget submitted to Congress by the President
pursuant to section 1105(a) of title 31, United States Code.
(3) Interagency coordination and consultation.--
(A) In general.--Each Quadrennial Review of Diplomacy and
Development shall take into account the views of the
Secretary of State, the Administrator of the United States
Agency for International Development, the Secretary of
Defense, the Secretary of the Treasury, the United States
Trade Representative, and the head of any other relevant
agency.
(B) Delegation.--If the President delegates the
requirements of this section, the head of the Federal
department or agency to whom such delegation is made shall
consult with each official specified in subparagraph (A).
(c) Consultation With Outside Stakeholders.--In developing
the strategy required under subsection (a) and conducting the
review required under subsection (b), the President shall
consult with private businesses, non-governmental
organizations involved in diplomacy and development, and
experts at academic institutions or institutions involved in
the study of foreign policy or development matters.
(d) QRDD and Congressional Committees.--
(1) Consultation.--In developing the strategy required
under subsection (a) and conducting the review required under
subsection (b), the President shall consult with the
appropriate congressional committees.
(2) Report.--The President shall transmit to the
appropriate congressional committees a report on each
Quadrennial Review of Diplomacy and Development. The report
shall be submitted in the year following the year in which
such a Quadrennial Review is conducted, but not later than
the date on which the President submits the budget for the
next fiscal year to Congress under section 1105(a) of title
31, United States Code. The report shall include the
following:
(A) The results of such a Quadrennial Review, including a
comprehensive discussion of the national strategy for United
States foreign policy and foreign assistance policies and
programs, the roles and responsibilities of and strategic

[[Page H6453]]

guidance for civilian agencies and mechanisms in implementing
such strategy, the requirements for overseas infrastructure
necessary to carry out such strategy, plans to adapt such
agencies and mechanisms to changing circumstances, and the
role of international institutions in such strategy.
(B) The assumed or defined objectives and missions that
inform the national strategy for United States foreign policy
and foreign assistance policies and programs.
(C) The threats to the assumed or defined objectives and
missions of the United States that were examined for the
purposes of such a Quadrennial Review.
(D) The assumptions used in such a Quadrennial Review,
including assumptions relating to--
(i) the capacity of United States diplomatic and
development personnel to respond to such threats;
(ii) the cooperation and capacity of allies, other friendly
countries, and international institutions in addressing such
threats;
(iii) levels of engagement in operations other than war and
smaller-scale contingencies and withdrawal from such
operations and contingencies; and
(iv) the intensity, duration, and military and political
end-states of conflicts and smaller-scale contingencies that
arise in the diplomatic and development context.
(E) The anticipated roles and missions of the reserve
components available to civilian agencies, including
capabilities and resources necessary to assure that such
reserve components can capably discharge such roles and
missions.
(F) The extent to which diplomatic and development
personnel need to be shifted to different regions to carry
out the national strategy under subsection (a).
(G) Any other matter the Secretary considers appropriate.
(e) Independent Panel Assessment.--
(1) In general.--Not later than six months before the date
on which the report on a Quadrennial Review of Diplomacy and
Development is to be transmitted under subsection (d), the
President shall establish a panel to conduct an assessment of
such a Quadrennial Review.
(2) Report on assessment.--Not later than three months
after the date on which the report on such a Quadrennial
Review is transmitted under subsection (d), the panel
established under paragraph (1) shall submit to the
appropriate congressional committees an assessment of such a
Quadrennial Review, including an assessment of the
recommendations of such a Quadrennial Review, the stated and
implied assumptions incorporated in such a Quadrennial
Review, and the vulnerabilities of the strategy underlying
such a Quadrennial Review.
(f) Exclusion.--Any provision in this section relating to
budgets or budget plans shall not be construed to require any
information on any program that is funded from accounts
within budget function 050 (National Defense).

SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED CENTER.

(a) Establishment.--The Secretary of State, in consultation
with the Administrator of the United States Agency for
International Development (USAID), is authorized to establish
in the Department of State and under the authority of the
Undersecretary for Management a Lessons Learned Center
(referred to in this section as the ``LLC'') which will serve
as a central organization for collection, analysis,
archiving, and dissemination of observations, best practices,
and lessons learned by, from, and to Foreign Service officers
and support personnel in the Department of State and USAID.
(b) Purpose.--The purpose of the LLC is to increase,
enhance, and sustain the ability of the Department of State
and USAID to effectively carry out their missions by devising
a system for the collection, analysis, archiving, and
dissemination of lessons learned, improving information
sharing and learning capacity, and enabling, encouraging, and
rewarding critical, innovative analysis.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on the
status of efforts to establish the LLC. The report shall
include recommendations--
(1) concerning the regulation and structure of the LLC,
including--
(A) how to encourage service in the LLC;
(B) how to provide for the necessary academic freedom to
provide innovative, critical analysis;
(C) how to ensure that the staffing of the LLC is a mix of
senior and junior staff of the Foreign Service and civil
service in the Department of State and USAID;
(D) the anticipated expenditures associated with the
establishment of the LLC under subsection (a); and
(E) physical structure of the LLC; and
(2) for any legislation necessary to establish the LLC.
(d) Definitions.--In this section:
(1) Academic freedom.--The term ``academic freedom'' means
the capability, capacity, and authorization to produce
analysis and evaluation without concern for retaliation or
other negative impact on the observer's career.
(2) Lessons learned.--The term ``lessons learned'' means
information resulting from evaluation or observation of
negotiations, operations, exercises, training events, or
other processes and experiences, particularly any corrective
measures or innovative techniques, that produced an improved
performance or increased capability.

SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION.

(a) Findings.--Congress finds the following:
(1) United States diplomatic and consular missions
worldwide retain over 51,000 locally employed staff under
local compensation plans (LCP's) in about 170 overseas
missions.
(2) The locally employed staff is the backbone of
diplomatic operations, providing management, programmatic,
security, maintenance, custodial, and other services wherever
the Department of State has established an overseas post.
(3) Foreign Service and other United States officers who
rotate in-and-out of such missions every two to three years
are highly dependent on the local employees to bring them up
to speed and make sure that the work of any such mission does
not falter in transitions during rotations.
(4) As the number of positions at such missions designated
for United States officers that are not filled continues to
increase, locally employed staff are called upon to assume
many of the responsibilities that United States staff have
carried in the past.
(5) Based on a survey conducted by the Office of the
Inspector General (OIG) Department of State, the United
States is failing to provide a competitive compensation
package for locally employed staff that is commensurate with
their experience, technical skills, and responsibilities.
(6) The Department of State OIG survey data show that the
United States Government is providing salary increases that
are approximately 60 percent of what is the prevailing
practice of the local labor market.
(7) The Department of State OIG has found numerous cases in
which such missions are losing staff to other employers. The
OIG has also found numerous cases where it is difficult to
replace employees who left to take other jobs, particularly
in countries with low unemployment rates.
(b) Policy Review.--The Secretary of State shall direct a
policy review to assess the adequacy of locally employed
staff compensation. In carrying out such policy review the
Secretary shall consider the recommendations of the Office of
the Inspector General of the Department of State, including
the following:
(1) The Bureau of Human Resources, in coordination with the
Office of Management, Policy, Rightsizing and Innovation,
should hire an outside contractor with international
experience to perform an organizational review of the
Compensation Management Division of the Office of Overseas
Employment to advise on the organization of the compensation
management division and on how many analysts are required to
handle the compensation management responsibilities, and to
recommend training and certifications the analysts should
obtain.
(2) The Office of Management, Policy, Rightsizing and
Innovation, in coordination with the Bureau of Human
Resources and the Bureau of Resource Management, should
ensure that the working group on locally employed staff
compensation reviews the connectivity between the activities
of the Office of Overseas Employment and the Office of State
Programs, Operations and Budget in the Bureau of Resource
Management, and makes and distributes written, documented
determinations as to the data used by the two offices to make
estimates of locally employed staff compensation adjustments,
the timing of these activities, and the responsibility each
office has for tracking implementation of locally employed
staff compensation adjustments.
(3) The Bureau of Human Resources, in coordination with the
Office of Management, Policy, Rightsizing and Innovation,
should implement a locally employed staff compensation review
process whereby the Office of Overseas Employment in the
Bureau of Human Resources reviews and adjust each post's
salary schedule every five years based on a recent salary
survey. During the intervening years, the Department should
authorize cost-of-living (or inflation) adjustments based on
reliable inflation data.
(4) The Bureau of Human Resources, in coordination with the
Office of Management, Policy, Rightsizing and Innovation,
should implement a systematic process of providing
comprehensive information to diplomatic and consular
missions, Department of State offices, and agency
headquarters on periodic salary survey reviews, including
comprehensible salary survey analysis, explanations of salary
survey changes, and if appropriate, copies of the off-the-
shelf surveys for the host country. This approach should be
documented and made a part of the periodic process.
(5) The Bureau of Human Resources, in coordination with the
Office of Management, Policy, Rightsizing and Innovation, the
regional bureaus, and the Bureau of Resource Management,
should establish, maintain, and monitor a database that
tracks information related to locally employed staff
compensation and adjustments, including budgetary resources,
salary level ceilings calculated by the Office of Overseas
Employment, salary levels requested by post, salary levels
implemented, dates for these activities, and calculations of
whether the Department is meeting prevailing practice. This
database should replace the current practice of communicating
salary review information by cable.
(6) The Bureau of Human Resources, in coordination with the
Office of Management, Policy, Rightsizing and Innovation,
should evaluate the possibility of using different pay
setting data establishing different pay scales for blue-
collar positions and for professional level positions, and
should issue and distribute a written report on the findings
and the possibility of implementing the findings.
(7) The Office of Management, Policy, Rightsizing and
Innovation should ensure that the working group on locally
employed staff compensation considers the possibility of
including members from other United States Government
agencies that employ locally employed staff. Whether this
recommendation is implemented or not, the Office of
Management, Policy, Rightsizing and Innovation should
document the decision in writing, and distribute the

[[Page H6454]]

decision widely in the Department of State and to other
agencies that employ locally employed staff.
(8) The Office of Management, Policy, Rightsizing and
Innovation should ensure that the working group on locally
employed staff compensation considers the possibility of
centralizing decision making for locally employed staff
salary increases, and, whether such is eventually implemented
or not, make a determination as to its value, document the
decision in writing, and distribute the decision widely in
the Department of State.
(9) The Bureau of Human Resources, in cooperation with
Resource Management International Cooperative Administrative
Support Services, should establish a senior level interagency
locally employed staff board of governors to set overall
locally employed staff policy.
(10) The Bureau of Human Resources should send the cable
announcing the proposed salary increases for locally employed
staff to the attention of both the chief of mission and the
management officer.
(11) The Bureau of Human Resources should request a list of
position titles and grades from all positions with exception
rate ranges and details on the exception rate range
adjustments in the 2010 Locally Employed Staff Compensation
Questionnaire.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate committees a report on the implementation of
this section, including a review of efforts to implement the
recommendations of the Office of the Inspector General of the
Department of State specified in subsection (b).

Subtitle B--Foreign Service Pay Equity and Death Gratuity

SEC. 311. SHORT TITLE.

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

SEC. 312. 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 and following) 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 non-foreign 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 by virtue of this section--
``(1) shall be considered to be part of the basic pay of
such member--
``(A) for the same purposes as provided for under section
5304(c)(2)(A) of title 5, United States Code; and
``(B) for purposes of chapter 8; 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 shall--
``(1) beginning on the first day of the first pay period
that is 90 days after the date of the enactment of this
subsection, be equal to 33.33 percent of the payment which
would otherwise apply under subsection (a);
``(2) beginning on the first day of the first pay period in
April 2010, be equal 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 and each subsequent fiscal year, be equal to
the payment determined under subsection (a).
``(d) Non-Foreign Area Defined.--For purposes of this
section, the term `non-foreign area' has the same meaning as
is given such term in regulations carrying out section 5941
of title 5, United States Code.''.
(2) Conforming amendment.--The table of contents set forth
in section 2 of such Act 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.--Effective as of the first
pay period beginning on or after October 1, 2010, section
805(a) of the Foreign Service Act of 1980 (22 U.S.C. 4045(a))
is amended--
(A) in paragraph (1)--
(i) in the first sentence, by striking ``7.25 percent'' and
inserting ``7 percent''; and
(ii) in the second sentence, by striking ``The contribution
by the employing agency'' through ``and shall be made'' and
inserting ``An equal amount shall be contributed by the
employing agency'';
(B) 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
(C) in paragraph (3), by striking all that follows ``Code''
and inserting a period.
(2) Computation of annuities.--Section 806(a)(9) of such
Act (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, 2011 (or during any portion thereof), shall, to
the extent that such computation is based on the basic salary
or basic pay of such member for such period (or portion
thereof),''.
(3) Entitlement to annuity.--Section 855(a)(3) of such Act
(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 thereof), shall, to the extent that such computation
is based on the basic salary or basic pay of such member for
such period (or portion thereof),''.
(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 under this subsection 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 Requirements.--Not later than October 1,
2010, the Secretary of State shall submit to the appropriate
congressional committees an assessment of all allowances
provided to members of the Foreign Service under the Foreign
Service Act of 1980 or under title 5, United States Code, and
in particular, how such allowances have been or will be
affected by the amendments to the Foreign Service Act of 1980
made by this Act.

SEC. 313. DEATH GRATUITY.

The first sentence of 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 local compensation plans established under
section 408, the amount shall be equal to the greater of 1
year's salary at the time of death or 1 year's 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''.

Subtitle C--Other Organization and Personnel Matters

SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.

(a) Fellowship Authorized.--Chapter 5 of title I of the
Foreign Service Act of 1980 (22 U.S.C. 3981 et seq.) is
amended by adding at the end the following new section:

``SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.

``(a) In General.--The Secretary is authorized to establish
the Transatlantic Diplomatic Fellowship Program. Under the
program, the Secretary may assign a member of the Service,
for not more than one year, to a position with any designated
country or designated entity that permits an employee to be
assigned to a position with the Department.
``(b) Salary and Benefits.--The salary and benefits of a
member of the Service shall be paid as described in
subsection (b) of section 503 during a period in which such
member is participating in the Transatlantic Diplomatic
Fellowship Program. The salary and benefits of an employee of
a designated country or designated entity participating in
such program shall be paid by such country or entity during
the period in which such employee is participating in the
program.
``(c) Definitions.--In this section:
``(1) The term `designated country' means a member country
of--
``(A) the North Atlantic Treaty Organization; or
``(B) the European Union.
``(2) The term `designated entity' means--
``(A) the North Atlantic Treaty Organization; or
``(B) the European Union.
``(d) Rule of Construction.--Nothing in this section shall
be construed to--
``(1) authorize the appointment as an officer or employee
of the United States of--
``(A) an individual whose allegiance is to any country,
government, or foreign or international entity other than to
the United States; or
``(B) 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 as, and continuation of employment as, an
officer or employee of the United States; or
``(2) authorize the Secretary to assign a member of the
Service to a position with any foreign country whose laws, or
foreign or international

[[Page H6455]]

entity whose rules, require such member to give allegiance or
loyalty to such country or entity while assigned to such
position.''
(b) Technical and Conforming Amendments.--The Foreign
Service Act of 1980 is amended--
(1) in section 503 (22 U.S.C. 3983)--
(A) in the section heading, by striking ``and'' and
inserting ``Foreign Governments, or''; and
(B) in subsection (a)(1), by inserting before the semicolon
at the end the following: ``, or with a foreign government
under sections 506 or 507''; and
(2) in section 2, in the table of contents--
(A) by striking the item relating to section 503 and
inserting the following new item:

``Sec. 503. Assignments to agencies, international organizations,
foreign governments, or other bodies.''; and
(B) by adding after the item relating to section 505 the
following new item:

``Sec. 506. Transatlantic diplomatic fellowship program.''.

SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM.

(a) In General.--Chapter 5 of title I of the Foreign
Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended by
adding after section 506 (as added by section 321(a) of this
Act) the following new section:

``SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM.

``(a) In General.--The Secretary is authorized to establish
the Security Officers Exchange Program. Under the program,
the Secretary may assign a member of the Service, for not
more than a total of three years, to a position with any
country or international organization designated by the
Secretary pursuant to subsection (c) that permits an employee
to be assigned to a position with the Department.
``(b) Salary and Benefits.--The salary and benefits of the
members of the Service shall be paid as described in
subsection (b) of section 503 during a period in which such
officer is participating in the Security Officers Exchange
Program. The salary and benefits of an employee of a
designated country or international organization
participating in such program shall be paid by such country
or international organization during the period in which such
employee is participating in the program.
``(c) Designation.--The Secretary may designate a country
or international organization to participate in this program
if the Secretary determines that such participation is in the
national security interests of the United States.
``(d) Rule of Construction.--Nothing in this section shall
be construed to--
``(1) authorize the appointment as an officer or employee
of the United States of--
``(A) an individual whose allegiance is to any country,
government, or foreign or international entity other than to
the United States; or
``(B) 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 as, and continuation of employment as, an
officer or employee of the United States; or
``(2) authorize the Secretary to assign a member of the
Service to a position with any foreign country whose laws, or
foreign or international entity whose rules, require such
member to give allegiance or loyalty to such country or
entity while assigned to such position.''.
(b) Technical and Conforming Amendment.--Section 2 of the
Foreign Service Act of 1980 is amended, in the table of
contents, by adding after the item relating to section 506
(as added by section 321(b)(2)(B) of this Act) the following
new item:

``Sec. 507. Security officers exchange program.''.

SEC. 323. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY.

(a) Suspension.--Section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended by adding at the end the
following new subsection:
``(c)(1) In order to promote the efficiency of the Service,
the Secretary may suspend a member of the Foreign Service
without pay when the member's security clearance is suspended
or when there is reasonable cause to believe that the member
has committed a crime for which a sentence of imprisonment
may be imposed.
``(2) Any member of the Foreign Service for whom a
suspension is proposed shall be entitled to--
``(A) written notice stating the specific reasons for the
proposed suspension;
``(B) a reasonable time to respond orally and in writing to
the proposed suspension;
``(C) representation by an attorney or other
representative; and
``(D) a final written decision, including the specific
reasons for such decision, as soon as practicable.
``(3) Any member suspended under this section may file a
grievance in accordance with the procedures applicable to
grievances under chapter 11 of this title.
``(4) In the case of a grievance filed under paragraph
(3)--
``(A) the review by the Foreign Service Grievance Board
shall be limited to a determination of whether the provisions
of paragraphs (1) and (2) have been fulfilled; and
``(B) the Foreign Service Grievance Board may not exercise
the authority provided under section 1106(8).
``(5) In this subsection:
``(A) The term `reasonable time' means--
``(i) with respect to a member of the Foreign Service
assigned to duty in the United States, 15 days after
receiving notice of the proposed suspension; and
``(ii) with respect to a member of the Foreign Service
assigned to duty outside the United States, 30 days after
receiving notice of the proposed suspension.
``(B) The term `suspend' or `suspension' means the placing
of a member of the Foreign Service in a temporary status
without duties and pay.''.
(b) Conforming and Clerical Amendments.--
(1) Amendment of section heading.--Such section, as amended
by subsection (a) of this section, is further amended, in the
section heading, by inserting ``; Suspension'' before the
period at the end.
(2) Clerical amendment.--The item relating to such section
in the table of contents in section 2 of such Act is amended
to read as follows:

``Sec. 610. Separation for cause; suspension.''.

SEC. 324. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR
FOREIGN SERVICE.

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

SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.

Section 309 of the Foreign Service Act of 1980 (22 U.S.C.
3949) is amended--
(1) in subsection (a), by striking ``subsection (b)'' and
inserting ``subsection (b) or (c)'';
(2) in subsection (b)--
(A) in paragraph (3)--
(i) by inserting ``(A),'' after ``if''; and
(ii) by inserting before the semicolon at the end the
following: ``, or (B), the career candidate is serving in the
uniformed services, as defined by the Uniformed Services
Employment and Reemployment Rights Act of 1994 (38 U.S.C.
4301 et seq.), and the limited appointment expires in the
course of such service'';
(B) in paragraph (4), by striking ``and'' at the end;
(C) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(D) by adding after paragraph (5) the following new
paragraph:
``(6) in exceptional circumstances where the Secretary
determines the needs of the Service require the extension of
a limited appointment (A), for a period of time not to exceed
12 months (provided such period of time does not permit
additional review by the boards under section 306), or (B),
for the minimum time needed to settle a grievance, claim, or
complaint not otherwise provided for in this section.''; and
(3) by adding at the end the following new subsection:
``(c) Non-career Foreign Service employees who have served
five consecutive years under a limited appointment may be
reappointed to a subsequent limited appointment provided
there is a one year break in service between each
appointment. The Secretary may in cases of special need waive
the requirement for a one year break in service.''.

SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL.

Section 5550b of title 5, United States Code, is amended by
adding at the end the following new subsection:
``(c) The maximum amount of compensatory time off earned
under this section may not exceed 104 hours during any leave
year (as defined by regulations established by the Office of
Personnel Management).''.

SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNUITANTS.

Section 824(g) of the Foreign Service Act of 1980 (22
U.S.C. 4064(g)) is amended--
(a) in paragraph (1)(B), by striking ``to facilitate the''
and all that follows through ``Afghanistan,'';
(b) by striking paragraph (2); and
(c) by redesignating paragraph (3) as paragraph (2).

SEC. 328. PERSONAL SERVICES CONTRACTORS.

(a) In General.--In addition to other authorities that may
be available, the Secretary of State may establish a pilot
program (in this section referred to as the ``program'') for
the purpose of hiring United States citizens or aliens as
personal services contractors, for service in the United
States, or for service both in the United States and abroad,
to respond to new or emerging needs or to augment current
services.
(b) Conditions.--The Secretary is authorized to use the
authority of subsection (a), subject to the following
conditions:
(1) The Secretary determines that existing personnel
resources are insufficient.
(2) The contract length, including options, may not exceed
two years, unless the Secretary makes a finding that
exceptional circumstances justify an extension of up to one
additional year.
(3) Not more than a total of 200 United States citizens or
aliens are employed at any one time as personal services
contractors under this section.
(4) This authority may only be used to obtain specialized
skills or experience or to respond to urgent needs.
(c) Status of Personal Service Contractors.--
(1) In general.--An individual hired as a personal service
contractor pursuant to this section 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.
(2) Applicable laws.--An individual hired as a personal
service contractor pursuant to this section shall be covered,
in the same manner as a similarly-situated employee, by--
(A) the Ethics in Government Act of 1978;
(B) section 27 of the Office of Federal Procurement Policy
Act; and
(C) chapter 73 of title 5, sections 201, 203, 205, 207,
208, and 209 of title 18, and section 1346 and chapter 171 of
title 28, United States Code.
(3) Exception.--This subsection shall not affect the
determination as to whether an individual hired as a personal
service contractor

[[Page H6456]]

pursuant to this section is an employee of the United States
Government for purposes of any Federal law not specified in
paragraphs (1) and (2).
(d) Termination of Authority.--The authority to award
personal services contracts under the program authorized by
this section shall terminate on September 30, 2011. A
contract entered into prior to the termination date under
this subsection may remain in effect until expiration.

SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.

(a) Resources To Protect Intellectual Property Rights.--The
Secretary of State shall ensure that the protection in
foreign countries of the intellectual property rights of
United States persons in other countries is a significant
component of United States foreign policy in general and in
relations with individual countries. The Secretary of State,
in consultation with the Director General of the United
States and Foreign Commercial Service and other agencies as
appropriate, shall ensure that adequate resources are
available at diplomatic missions in any country that is
identified under section 182(a)(1) of the Trade Act of 1974
(19 U.S.C. 2242(a)(1)) to ensure--
(1) support for enforcement action against violations of
the intellectual property rights of United States persons in
such country; and
(2) cooperation with the host government to reform its
applicable laws, regulations, practices, and agencies to
enable that government to fulfill its international and
bilateral obligations with respect to intellectual property
rights.
(b) New Appointments.--The Secretary of State, in
consultation with the Director General of the United States
and Foreign Commercial Service, shall appoint 10 intellectual
property attaches to serve in United States embassies or
other diplomatic missions. The 10 appointments shall be in
addition to personnel serving, on the date of the enactment
of this Act, in the capacity of intellectual property
attaches from any department or agency of the United States
at United States embassies or other diplomatic missions.
(c) Priority Assignments.--
(1) In general.--Subject to paragraph (2), in designating
the embassies or other missions to which attaches are
assigned under subsection (b), the Secretary of State shall
give priority to those countries where the activities of an
attache may be carried out with the greatest potential
benefit to reducing counterfeit and pirated products in the
United States market, to protecting the intellectual property
rights of United States persons and their licensees, and to
protecting the interests of United States persons otherwise
harmed by violations of intellectual property rights in those
countries.
(2) Assignments to priority countries.--In carrying out
paragraph (1), the Secretary of State shall consider
assigning intellectual property attaches--
(A) to the countries that have been identified under
section 182(a)(1) of the Trade Act of 1974 (19 U.S.C.
2242(a)(1)); and
(B) to the country where the Organization for Economic
Cooperation and Development has its headquarters.
(d) Duties and Responsibilities of Intellectual Property
Attaches.--The intellectual property attaches appointed under
subsection (b), as well as others serving as intellectual
property attaches of any other department or agency of the
United States, shall have the following responsibilities:
(1) To promote cooperation with foreign governments in the
enforcement of intellectual property laws generally, and in
the enforcement of laws against counterfeiting and piracy in
particular.
(2) To assist United States persons holding intellectual
property rights, and the licensees of such United States
persons, in their efforts to combat counterfeiting and piracy
of their products or works within the host country, including
counterfeit or pirated goods exported from or transshipped
through that country.
(3) To chair an intellectual property protection task force
consisting of representatives from all other relevant
sections or bureaus of the embassy or other mission.
(4) To coordinate with representatives of the embassies or
missions of other countries in information sharing, private
or public communications with the government of the host
country, and other forms of cooperation for the purpose of
improving enforcement against counterfeiting and piracy.
(5) As appropriate and in accordance with applicable laws
and the diplomatic status of the attaches, to engage in
public education efforts against counterfeiting and piracy in
the host country.
(6) To coordinate training and technical assistance
programs of the United States Government within the host
country that are aimed at improving the enforcement of laws
against counterfeiting and piracy.
(7) To identify and promote other means to more effectively
combat counterfeiting and piracy activities under the
jurisdiction of the host country.
(e) Training.--The Secretary of State shall ensure that
each attached appointed under subsection (b) is fully trained
for the responsibilities of the position before assuming
duties at the United States embassy or other mission in
question.
(f) Coordination.--The activities of intellectual property
attaches under this section shall be carried out in
coordination with the United States Intellectual Property
Enforcement Coordinator appointed under section 301 of the
Prioritizing Resources and Organization for Intellectual
Property Act of 2008 (15 U.S.C. 8111).
(g) Report to Congress.--
(1) In general.--The Secretary of State shall submit to the
Congress, not later than December 31 of each year, a report
on the appointment, designation for assignment, and
activities of all intellectual property attaches of any
Federal department or agency who are serving at United States
embassies or other diplomatic missions.
(2) Contents.--Each report under paragraph (1) shall
include the following:
(A) A description of the progress, or lack thereof, in the
preceding year regarding the resolution of general and
specific intellectual property disputes in each country
identified under section 182(a)(1) of the Trade Act of 1974
(19 U.S.C. 2242(a)(1)), including any changes by the host
government in applicable laws and regulations and their
enforcement.
(B) An assessment of the obstacles preventing the host
government of each country described in subparagraph (A) from
implementing adequate measures to fulfill its international
and bilateral obligations with respect to intellectual
property rights.
(C) An assessment of the adequacy of the resources of the
Department of State employed to carry out subparagraphs (A)
and (B) and, if necessary, an assessment of the need for
additional resources for such purposes.
(h) Definitions.--In this section:
(1) Counterfeiting; counterfeit goods.--
(A) Counterfeiting.--The term ``counterfeiting'' means
activities related to production of or trafficking in goods,
including packaging, that bear a spurious mark or designation
that is identical to or substantially indistinguishable from
a mark or designation protected under trademark laws or
related legislation.
(B) Counterfeit goods.--The term ``counterfeit goods''
means those goods described in subparagraph (A).
(2) Intellectual property rights.--The term ``intellectual
property rights'' means the rights of holders of copyrights,
patents, trademarks, other forms of intellectual property,
and trade secrets.
(3) Piracy; pirated goods.--
(A) Piracy.--The term ``piracy'' means activities related
to production of or trafficking in unauthorized copies or
phonorecords of works protected under copyright law or
related legislation.
(B) Pirated goods.--The term ``pirated goods'' means those
copies or phonorecords described in subparagraph (A).
(4) United states person.--The term ``United States
person'' means--
(A) any United States resident or national,
(B) any corporation, partnership, other business entity, or
other organization, that is organized under the laws of the
United States, and
(C) any foreign subsidiary or affiliate (including any
permanent foreign establishment) of any corporation,
partnership, business entity, or organization described in
subparagraph (B), that is controlled in fact by such
corporation, partnership, business entity, or organization,
except that such term does not include an individual who
resides outside the United States and is employed by an
individual or entity other than an individual or entity
described in subparagraph (A), (B), or (C).
(i) Authorization of Appropriations.--Of the amounts
authorized to be appropriated under section 101, there are
authorized to be appropriated for each fiscal year such sums
as may be necessary for the training and support of the
intellectual property attaches appointed under subsection (b)
and of other personnel serving as intellectual property
attache's of any other department or agency of the United
States.

SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSITION.

(a) Statement of Policy.--In order for the Department of
State to accurately represent all people in the United
States, the Department must accurately reflect the diversity
of the United States.
(b) Report on Minority Recruitment.--Section 324 of the
Foreign Relations Authorization Act, Fiscal Year 2003 (Public
Law 107-228) is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``On'' and inserting ``(a) Report on
Minority Groups and Women.--On'';
(B) by striking ``April 1, 2003, and April 1, 2004,'' and
inserting ``April 1, 2010, and April 1, 2011,'';
(2) in paragraphs (1) and (2), by striking ``minority
groups'' each place it appears and inserting ``minority
groups and women''; and
(3) by adding at the end the following new subsection:
``(b) Development of Metrics To Evaluate Employment
Composition.--The report required by subsection (a) shall
also include a description of the following:
``(1) The ability of current recruitment, advancement, and
retention practices to attract and maintain a diverse pool of
qualified individuals in sufficient numbers throughout the
Department, including in the Cooperative Education Program
(also known as the `Student Career Experience Program').
``(2) Efforts to develop a uniform definition, to be used
throughout the Department, of diversity that is congruent
with the core values and vision of the Department for the
future workforce.
``(3) The existence of additional metrics and milestones
for evaluating the diversity plans of the Department,
including the Foreign Service and Senior Foreign Service, and
for facilitating future evaluation and oversight.''.
(c) Public Availability.--Each report required under
section 324 of the Foreign Relations Authorization Act,
Fiscal Year 2003, as amended by subsection (b) of this
section, shall be made available to the public on the website
of the Department of State not later than 15 days after the
submission to Congress of each such report.
(d) GAO Review.--The Comptroller General of the United
States, in consultation with the appropriate congressional
committees, shall conduct a review of the employment
composition,

[[Page H6457]]

recruitment, advancement, and retention policies of the
Department of State for women and minority groups, including
the information in the reports required under section 324 of
the Foreign Relations Authorization Act, Fiscal Year 2003, as
amended by subsection (b) of this section.
(e) Acquisition.--Section 324 of the Foreign Relations
Authorization Act, Fiscal Year 2003, as amended by subsection
(b) of this section, is further amended by adding at the end
the following new subsection:
``(c) For the immediately preceding 12-month period for
which the information referred to in subsection (a) is
available--
``(1) the numbers and percentages of small, minority-owned,
or disadvantaged businesses that provide goods and services
to the Department as a result of contracts with the
Department during such period;
``(2) the total number of such contracts;
``(3) the total dollar value of such contracts; and
``(4) and the percentage value represented by such contract
proportionate to the total value of all contracts held by the
Department.''.
(f) Use of Funds.--The provisions of section 325 of the
Foreign Relations Authorization Act, Fiscal Year 2003 shall
apply to funds authorized to be appropriated under section
101 of this Act.

SEC. 331. CONTRACTING.

None of the funds authorized to be appropriated by this
Act, for projects initiated after the date of the enactment
of this Act, may be used by the Department of State to enter
into any Federal contract unless such contract is entered
into in accordance with title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251 et seq.)
and the Federal Acquisition Regulation, unless such contract
is otherwise authorized by statute to be entered into without
regard to such Act and regulation.

SEC. 332. LEGISLATIVE LIAISON OFFICE OF THE DEPARTMENT OF
STATE.

(a) Report on Improving Effectiveness of Department of
State Legislative Liaison Office.--Not later than six months
after the date of the enactment of this Act, the Secretary of
State shall submit to the Committee on Foreign Affairs and
the Committee on House Administration of the House of
Representatives and the Committee on Foreign Relations and
the Committee on Rules and Administration of the Senate a
report on the mission and effectiveness of the existing
Department of State legislative liaison office.
(b) Report Considerations.--The report required by
subsection (a) shall consider--
(1) whether the legislative liaison office has sufficient
resources necessary to communicate to Members of Congress,
committees, and their staffs the goals and missions of the
Department of State;
(2) whether current space within the office buildings of
the House of Representatives as well as requested space
within the office buildings of the Senate is sufficient to
meet the mission of the legislative liaison office;
(3) whether current representational allowances are
sufficient to allow the legislative liaison office to meet
its mission; and
(4) the feasibility of increasing personnel numbers in the
legislative liaison office, including senior Foreign Service
Officers.

SEC. 333. DISCRIMINATION RELATED TO SEXUAL ORIENTATION.

(a) Tracking Violence or Criminalization Related to Sexual
Orientation.--The Assistant Secretary for Democracy, Human
Rights and Labor shall designate a Bureau-based officer or
officers who shall be responsible for tracking violence,
criminalization, and restrictions on the enjoyment of
fundamental freedoms, consistent with United States law, in
foreign countries based on actual or perceived sexual
orientation and gender identity.
(b) International Efforts To Revise Laws Criminalizing
Homosexuality.--In keeping with the Administration's
endorsement of efforts by the United Nations to decriminalize
homosexuality in member states, the Secretary of State shall
work though appropriate United States Government employees at
United States diplomatic and consular missions to encourage
the governments of other countries to reform or repeal laws
of such countries criminalizing homosexuality or consensual
homosexual conduct, or restricting the enjoyment of
fundamental freedoms, consistent with United States law, by
homosexual individuals or organizations.
(c) Annual Country Reports on Human Rights Practices.--The
Foreign Assistance Act of 1961 is amended--
(1) in section 116(d) (22 U.S.C. 2151n(d))--
(A) in paragraph (10), by striking ``and'' at the end;
(B) in paragraph (11)--
(i) in subparagraph (B), by striking ``and'' at the end;
and
(ii) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(12) wherever applicable, violence or discrimination that
affects the fundamental freedoms, consistent with United
States law, of an individual in foreign countries that is
based on actual or perceived sexual orientation and gender
identity.''; and
(2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting
after the eighth sentence the following new sentence:
``Wherever applicable, violence or discrimination that
affects the fundamental freedoms, consistent with United
States law, of an individual in foreign countries that is
based on actual or perceived sexual orientation and gender
identity.''.
(d) Training for Foreign Service Officers.--Section 708(a)
of the Foreign Service Act of 1980 (22 16 U.S.C. 4028(a)) is
amended--
(1) in the matter preceding paragraph (1), by inserting
``the Secretary for Democracy, Human Rights and Labor,''
before ``the Ambassador at Large'';
(2) in paragraph (2), by striking ``and'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the end the following new
paragraph:
``(4) instruction, in courses covering human rights
reporting and advocacy work, on identifying violence or
discrimination that affects the fundamental freedoms,
consistent with United States law, of an individual that is
based on actual or perceived sexual orientation and gender
identity.''.

SEC. 334. OFFICE FOR GLOBAL WOMEN'S ISSUES.

(a) Establishment.--There is established an Office for
Global Women's Issues (in this section referred to as the
``Office'') in the Office of the Secretary of State in the
Department of State. The Office shall be headed by the
Ambassador-at-Large (in this section referred to as the
``Ambassador''), who shall be appointed by the President, by
and with the advice and consent of the Senate. The Ambassador
shall report directly to the Secretary of State.
(b) Purpose.--The Office shall coordinate efforts of the
United States Government regarding gender integration and
women's empowerment in United States foreign policy.
(c) Duties.--
(1) In general.--The Ambassador shall--
(A) coordinate and advise on activities, policies,
programs, and funding relating to gender integration and
women's empowerment internationally for all bureaus and
offices of the Department of State and in the international
programs of other United States Government departments and
agencies;
(B) design, support, and as appropriate, implement, limited
projects regarding women's empowerment internationally;
(C) actively promote and advance the full integration of
gender analysis into the programs, structures, processes, and
capacities of all bureaus and offices of the Department of
State and in the international programs of other United
States Government departments and agencies; and
(D) direct, as appropriate, United States Government
resources to respond to needs for gender integration and
women's empowerment in United States Government foreign
policies and international programs.
(2) Coordinating role.--The Ambassador shall coordinate
with the United States Agency for International Development
and the Millennium Challenge Corporation on all policies,
programs, and funding of such agencies relating to gender
integration and women's empowerment.
(3) Diplomatic representation.--Subject to the direction of
the President and the Secretary of State, the Ambassador is
authorized to represent the United States in matters relevant
to the status of women internationally.
(d) Reporting.--The heads of all bureaus and offices of the
Department of State, as appropriate, shall evaluate and
monitor all women's empowerment programs administered by such
bureaus and offices and annually submit to the Ambassador a
report on such programs and on policies and practices to
integrate gender.
(e) Authorization of Appropriations.--Of the amounts
authorized to be appropriated under section 101, there are
authorized to be appropriated such sums as may be necessary
for each of fiscal years 2010 and 2011 to carry out
activities under this section.

TITLE IV--INTERNATIONAL ORGANIZATIONS

Subtitle A--International Leadership

SEC. 401. SHORT TITLE.

This subtitle may be cited as the ``United States
International Leadership Act of 2009''.

SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL
ORGANIZATIONS.

(a) Promotions.--
(1) In general.--Section 603(b) of the Foreign Service Act
of 1980 (22 U.S.C. 4003) is amended, in the second sentence,
by inserting before the period at the end the following: ``,
and should consider whether the member of the 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''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect on the date of the enactment of this Act
and shall apply to members of the Foreign Service beginning
on January 1, 2015.
(b) Establishment of a Multilateral Diplomacy Cone in the
Foreign Service.--
(1) Findings.--Congress finds the following:
(A) The Department of State maintains a number of 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.
(B) In offices at the Harry S. Truman Building, the
Department maintains a significant number of positions in
bureaus that are either dedicated, or whose primary
responsibility is, to represent the United States to such
organizations and institutions or at multilateral
negotiations.
(C) Given the large number of positions in the United
States and abroad that are dedicated to multilateral
diplomacy, the Department of State may be well served in
developing persons with specialized skills necessary to
become experts in this unique form of diplomacy.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary

[[Page H6458]]

of State shall submit to the appropriate congressional
committees a report--
(A) evaluating whether a new cone should be established for
the Foreign Service that concentrates on members of the
Service who serve at international organizations and
multilateral institutions or are primarily responsible for
participation in broad-based multilateral negotiations of
international instruments; and
(B) that provides alternative mechanisms for achieving the
objective of developing a core group of United States
diplomats and other Government employees who have expertise
and broad experience in conducting multilateral diplomacy.

SEC. 403. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON
MULTILATERAL NEGOTIATIONS.

(a) Establishment of Office.--The Secretary of State is
authorized to establish, within the Bureau of International
Organization Affairs, an Office on Multilateral Negotiations,
to be headed by a Special Representative for Multilateral
Negotiations (in this section referred to as the ``Special
Representative'').
(b) Appointment.--If the office referred to in subsection
(a) is established, the Special Representative shall be
appointed by the President by and with the advice and consent
of the Senate and shall have the rank of Ambassador-at-Large.
At the discretion of the President another official at the
Department may serve as the Special Representative. The
President may direct that the Special Representative report
to the Assistant Secretary for International Organization
Affairs.
(c) Staffing.--The Special Representative shall have a
staff of Foreign Service and civil service officers skilled
in multilateral diplomacy.
(d) Duties.--The Special Representative shall have the
following responsibilities:
(1) In general.--The primary responsibility of the Special
Representative shall be to assist in the organization of, and
preparation for, United States participation in multilateral
negotiations, including the advocacy efforts undertaken by
the Department of State and other United States agencies.
(2) Advisory role.--The Special Representative shall advise
the President and the Secretary of State, as appropriate,
regarding advocacy at international organizations and
multilateral institutions and negotiations and, in
coordination with the Assistant Secretary for International
Organization Affairs, shall make recommendations regarding--
(A) effective strategies and tactics to achieve United
States policy objectives at multilateral negotiations;
(B) the need for and timing of high level intervention by
the President, the Secretary of State, the Deputy Secretary
of State, and other United States officials to secure support
from key foreign government officials for the United States
position at such organizations, institutions, and
negotiations;
(C) the composition of United States delegations to
multilateral negotiations; and
(D) liaison with Congress, international organizations,
nongovernmental organizations, and the private sector on
matters affecting multilateral negotiations.
(3) Leadership and membership of international
organizations.--The Special Representative, in coordination
with the Assistant Secretary of International Organization
Affairs, shall direct the efforts of the United States
Government to reform the criteria for leadership and
membership of international organizations.
(4) Participation in multilateral negotiations.--The
Special Representative, or members of the Special
Representative's staff, may, as required by the President or
the Secretary of State, serve on a United States delegation
to any multilateral negotiation.

SEC. 404. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO
INTERNATIONAL ORGANIZATIONS.

Not later than 180 days after the date of the enactment of
this Act, the President shall transmit to the appropriate
congressional committees a plan on the implementation of
section 404 of the Foreign Relations Authorization Act of
2003 (Public Law 107-228; relating to a resumption by the
United States of the payment of its full contributions to
certain international organizations at the beginning of each
calendar year).

SEC. 405. UNITED STATES ARREARAGES TO THE UNITED NATIONS.

In addition to amounts otherwise available for the payment
of Assessed Contributions to International Organizations and
Contributions for International Peacekeeping Activities,
there is authorized to be appropriated such sums as may be
necessary to pay all United States arrearages in payments to
the United Nations recognized by the United States.

Subtitle B--General Provisions

SEC. 411. ORGANIZATION OF AMERICAN STATES.

(a) Sense of Congress.--It is the sense of Congress that--
(1) multilateral diplomacy in the context of the Americas
has suffered considerably in the past decade, to the direct
detriment of the national interest of the United States in
the region;
(2) given the recent proliferation of multilateral
groupings in the Americas region in which the United States
in not a member, it is imperative to focus on and promote
United States diplomatic efforts in the Organization of
American States (OAS), where the United States is a founding
member and whose central tenets include democratic values
considered vital for this region;
(3) it is critical for the United States to immediately re-
establish its unique leadership voice in this region and
specifically in the OAS setting; and
(4) an effective way to help achieve this short term
objective is to establish a fund to promote multilateral
interests of the United States in the region.
(b) Multilateral Fund.--
(1) In general.--There is hereby established in the
Department of State a Fund to Promote Multilateralism in the
Americas (referred to in this section as the ``Fund'').
(2) Activities supported.--The Fund shall support
activities that promote the multilateral interests of the
United States in the Americas region, including--
(A) United States diplomatic activities within and related
to the OAS;
(B) voluntary contributions to entities and organs of the
OAS to carry out programs and activities that support the
interests of the United States;
(C) outreach and cultural activities;
(D) conferences; and
(E) general advocacy for United States interests.
(c) Administration.--The Fund shall be administered by the
United States Mission to the Organization of American States,
as directed by the United States Permanent Representative to
the OAS, for use on matters that arise in the context of the
OAS.
(d) Authorization.--Of the amounts authorized to be
appropriated for the Administration of Foreign Affairs
pursuant to section 101, there is authorized to be
appropriated $2,000,000 for each of fiscal years 2010 and
2011 only to carry out this section.

SEC. 412. PEACEKEEPING OPERATIONS 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 at the end by adding the
following new clause:
``(vi) For assessments made during calendar years 2009,
2010, and 2011, 27.1 percent.''.

SEC. 413. PACIFIC ISLANDS FORUM.

It is the sense of Congress that the Secretary of State
should work with the Pacific Islands Forum to find
appropriate affiliations for representatives of American
Samoa, Guam, and the Commonwealth of the Northern Mariana
Islands.

SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COMMISSIONS.

(a) In General.--Not later than one year after the date of
the enactment of this Act and two years thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on the activities of each
of the commissions specified in paragraphs (1), (2), and (3)
of section 103.
(b) Report Elements.--The reports required under subsection
(a) shall include information concerning the following:
(1) Amounts obligated and expended during the two previous
fiscal years by each of such commissions.
(2) A description of the projects carried out during such
years by each of such commissions and a description of the
management and implementation of such projects, including the
use of private contractors.
(3) Projects anticipated during the next two fiscal years
related to the activities of each of such commissions because
of obligations that the United States has entered into based
on any treaty between the United States and another country.
(c) Submission of the Reports.--The reports may be combined
with the annual budget justification submitted by the
President in accordance with section 1105(a) of title 31,
United States Code.

SEC. 415. ENHANCING NUCLEAR SAFEGUARDS.

(a) Findings.--Congress makes the following findings:
(1) The Treaty on the Non-Proliferation of Nuclear Weapons,
done at Washington, London, and Moscow July 1, 1968, and
entered into force March 5, 1970 (commonly known as the
``Nuclear Non-Proliferation Treaty'' or ``NPT'') and the
safeguards system of the International Atomic Energy Agency
(IAEA) are indispensable to international peace and security.
(2) Congress has long supported efforts aimed at effective
and efficient assurances of nuclear fuel supply, the
strengthening of IAEA safeguards, and assistance to the
developing world for nuclear and non-nuclear energy sources,
as embodied in the Nuclear Non-Proliferation Act of 1978 (22
U.S.C. 3201 et seq.).
(3) According to some experts, global energy demand will
grow by 50 percent in the next 20 years, predominantly in the
developing world.
(4) The Government Accountability Office (GAO) stated in
testimony before Congress in September 2006 that ``while IAEA
is increasingly relying on the analytical skills of its staff
to detect countries'' undeclared nuclear activities, the
agency is facing a looming human capital crisis.
(5) The Director General of the IAEA told the Board of
Governors of the IAEA in March 2009 that the ``deteriorating
conditions in our laboratories, for example, threaten both
our ability to deliver our programmed, as well as our
independent analytical capability''.
(6) Considerable investment is needed for the IAEA's
Safeguards Analytical Laboratory (SAL), to meet future IAEA
requirements as its workload is growing, the laboratory's
infrastructure is aging, and IAEA requirements have become
more demanding, and while initial plans have been made for
laboratory enhancement and are currently pending budgetary
approval (sometime in 2009), the simple fact is that, as more
countries implement IAEA safeguards, many more nuclear
samples come to SAL for analysis.
(7) The existing funding, planning, and execution of IAEA
safeguards is not sufficient to meet the predicted growth in
the future of civilian nuclear power, and therefore any
growth in

[[Page H6459]]

civilian nuclear power must be evaluated against the
challenges it poses to verification of the assurances of
peace and security provided by the IAEA safeguards system.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $10,000,000 for the refurbishment or
possible replacement of the IAEA's Safeguards Analytical
Laboratory.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the refurbishment or possible replacement
of the IAEA's Safeguards Analytical Laboratory pursuant to
subsection (b).

SEC. 416. IMPLEMENTATION OF RECOMMENDATIONS OF COMMISSION ON
THE PREVENTION OF WEAPONS OF MASS DESTRUCTION
PROLIFERATION AND TERRORISM.

(a) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary for each of
the fiscal years 2010 and 2011 to implement the following
recommendations of the Report of the Commission on the
Prevention of Weapons of Mass Destruction Proliferation and
Terrorism regarding the International Atomic Energy Agency
(IAEA) and nuclear safeguards reform:
(1) The United States should work with the IAEA Director
General to consider establishing a safeguards user fee,
whereby countries with inspected facilities would be assessed
a fee to help defer the costs of IAEA inspections.
(2) The United States should work with the IAEA Director
General and other interested parties to routinely (at least
every two years) assess whether the IAEA can meet its own
inspection goals, whether those goals afford timely warning
of an ability to account for a bomb's worth of nuclear
material, as required by United States law, and what
corrective actions, if any, might help the IAEA to achieve
its inspection goals. This assessment should also clarify
those instances in which achieving the goals is not possible.
(3) The United States should work with the IAEA Director
General to provide for the acquisition and implementation of
near-real-time surveillance equipment at a number of sites
where nuclear fuel rods are located and where such equipment
must be installed so that the IAEA can establish the
inspection continuity of the fresh and spent fuel rods and to
install wide-area surveillance needed to monitor activities
under the Additional Protocol.
(4) The United States should work with the IAEA Director
General to promote much-needed transparency at suspect sites,
to help deter transfers of nuclear fuel and nuclear weapons
technology, and to encourage IAEA member states to maintain a
registry of all foreign visitors at safeguarded sites. This
registry should be made available to other IAEA members upon
request.
(5) The United States should work with the IAEA Director
General to establish a complete country-by-country inventory
of nuclear materials that could be used to make nuclear
bombs. The information should be shared, as appropriate, with
individual IAEA member states and the public to ensure that
it can be used effectively in developing the plan for IAEA
safeguards. The IAEA should update the database regularly.
(6) The United States should work with the IAEA Director
General to require that the transfer of all items on the
Nuclear Suppliers Group dual-use and trigger lists be
reported to the IAEA or relevant authority and assist in
developing a system to process and analyze the information
gathered, making unreported transfers illegal and subject to
seizure.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report on progress
toward the implementation of this section.

SEC. 417. ASIA-PACIFIC ECONOMIC COOPERATION.

(a) Sense of Congress.--It is the sense of Congress that--
--
(1) the United States' continued engagement in Asia must be
a cornerstone of United States foreign policy in the 21st
Century;
(2) the President must elevate the role of the United
States in the Asia-Pacific Economic Cooperation forum (APEC)
by ensuring that United States Government officials of the
appropriate rank attend APEC activities; and
(3) increased participation by United States small
businesses, particularly manufacturers, will add substantial
benefit to APEC discussions and help strengthen the influence
of the United States within APEC.
(b) Small Business Defined.--In this section, the term
``small business'' shall have the meaning given the term
``small business concern'' in section 410(9) of the Small
Business Investment Act of 1958 (15 U.S.C. 694a(9)).
(c) United States Participation at APEC.--
(1) Designation of apec coordinators.--The President shall
designate in appropriate departments and agencies an existing
official of appropriate senior rank to serve as each such
department's or agency's ``APEC Coordinator''.
(2) Duties of apec coordinators.--
(A) In general.--The APEC Coordinators of the appropriate
departments and agencies designated in accordance with
paragraph (1) shall, in consultation with the United States
Ambassador to APEC, set department- and agency-wide
guidelines for each such department's or agency's
participation at APEC.
(B) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary
of State, with input from each APEC Coordinator, shall submit
to the appropriate congressional committees a report on
efforts to enhance each department's and agency's
participation at APEC.
(d) Enhancing Small Business Participation at APEC.--
(1) Designation of small business liaison.--The Secretary
of State shall designate an existing officer within the
Bureau of East Asian and Pacific Affairs to serve as a
``Small Business Liaison''. Such designee shall be of the
appropriate senior rank.
(2) Department of state website.--The Secretary of State
shall post on the website of the Department of State a
dedicated page for United States small businesses to
facilitate direct communication between the United States
Government and the business community concerning APEC.
(3) Coordination.--The Secretary of State shall coordinate
with existing private sector partners and relevant business
associations to promote participation by small businesses at
APEC. The Secretary shall ensure that notices about meetings
and briefings provided by United States APEC officials on
APEC-related issues are posted on the website of the
Department of State (in accordance with paragraph (2)) not
later than 15 days before the dates of such meetings and
briefings.
(e) Report on Hosting of APEC 2011 in the United States.--
Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report detailing the
mechanisms that are in place or are being considered for
hosting the 2011 meeting of APEC in the United States,
including an analysis of the estimated or projected costs
associated with such meetings.

TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL
BROADCASTING.

The following amounts are authorized to be appropriated to
carry out United States international broadcasting activities
under the United States Information and Educational Exchange
Act of 1948, the Radio Broadcasting to Cuba Act, the
Television Broadcasting to Cuba Act, the United States
International Broadcasting Act of 1994, and the Foreign
Affairs Reform and Restructuring Act of 1998, and to carry
out other authorities in law consistent with such purposes:
(1) For ``International Broadcasting Operations'',
$732,187,000 for fiscal year 2010 and such sums as may be
necessary for fiscal year 2011.
(2) For ``Broadcasting Capital Improvements'', $13,263,000
for fiscal year 2010 and such sums as may be necessary for
fiscal year 2011.

SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM.

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''; and
(B) adding at the end the following new sentence: ``An
individual hired as a personal service contractor pursuant to
this section 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.'';
(3) in subsection (b)--
(A) in paragraph (4), by striking ``60'' and inserting
``200''; and
(B) by adding at the end the following new paragraph:
``(5) The annual salary rate for personal services
contractors may not exceed the rate for level IV of the
Executive Schedule.''; and
(4) in subsection (c), by striking ``2009'' and inserting
``2011''.

SEC. 503. RADIO FREE EUROPE/RADIO LIBERTY PAY PARITY.

Section 308(h)(1)(C) of the United States International
Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)(C)) is
amended--
(1) by inserting ``and one employee abroad'' after
``D.C.'';
(2) by striking ``III'' and inserting ``II''; and
(3) by striking ``5314'' and inserting ``5313''.

SEC. 504. EMPLOYMENT 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 inserting after ``suitably qualified United States
citizens'' the following: ``(for purposes of this paragraph,
the term `suitably qualified United States citizens' means
those United States citizen applicants who are equally or
better qualified than non-United States citizen
applicants)''.

SEC. 505. DOMESTIC RELEASE OF THE VOICE OF AMERICA FILM
ENTITLED ``A FATEFUL HARVEST''.

(a) In General.--Notwithstanding section 208 of the Foreign
Relations Authorization Act, Fiscal Years 1986 and 1987 (22
U.S.C. 1461-1a) and section 501(b) of the United States
Information and Educational Exchange Act of 1948 (22 U.S.C.
1461(b)), the Director of the International Broadcasting
Bureau shall provide a master copy of the film entitled ``A
Fateful Harvest'' to the Archivist of the United States for
domestic release in accordance with subsection (b).
(b) Domestic Release.--Upon evidence that necessary United
States rights and licenses have been secured by the person
seeking domestic release of the film referred to in
subsection (a), the Archivist shall--
(1) deposit the film in the National Archives of the United
States; and
(2) make copies of the film available for purchase and
public viewing within the United States.

SEC. 506. ESTABLISHING PERMANENT AUTHORITY FOR RADIO FREE
ASIA.

Section 309 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6208) is amended--

[[Page H6460]]

(1) in subsection (c)(2), by striking ``, and shall further
specify that funds to carry out the activities of Radio Free
Asia may not be available after September 30, 2010'';
(2) by striking subsection (f); and
(3) by redesignating subsections (g) and (h) as subsection
(f) and (g), respectively.

TITLE VI--PEACE CORPS

SEC. 601. FINDINGS; STATEMENT OF POLICY.

(a) Findings.--Congress finds the following:
(1) On October 14, 1960, then Senator John F. Kennedy
addressed students on the steps of the University of Michigan
Union to enlist their effort to make the world a better place
by serving their country abroad.
(2) On March 1, 1961, then President John F. Kennedy signed
an Executive Order establishing a Peace Corps that was
``designed to permit our people to exercise more fully their
responsibilities in the great common cause of world
development''.
(3) Since its establishment, the Peace Corps has been
guided by its mission to promote world peace and friendship
and has sought to fulfill the following three goals:
(A) To help the people of interested countries in meeting
their needs for trained men and women.
(B) To promote a better understanding of Americans on the
part of the peoples served.
(C) To help promote a better understanding of other peoples
on the part of Americans.
(4) Over the last 48 years, nearly 200,000 Peace Corps
volunteers have served in 139 countries.
(5) The Peace Corps is the world's premier international
service organization dedicated to promoting sustainable
grassroots development by working with host communities in
the areas of agriculture, business development, education,
the environment, health and HIV/AIDS, and youth.
(6) The Peace Corps remains committed to sending well
trained and well supported Peace Corps volunteers overseas to
promote peace, friendship, cross-cultural awareness, and
mutual understanding between the United States and other
countries. The Peace Corps has an impressive record of
engendering good will through the service that American
volunteers provide.
(7) Recognizing the Peace Corps' unique and effective role
in promoting volunteer service by American citizens,
President Obama and Vice President Biden announced their
intent to double the size of Peace Corps in an expeditious
and effective manner.
(8) Over 13,000 Americans applied in 2008 to volunteer
their service to serve the world's poorest communities in the
Peace Corps, a 16 percent increase over the nearly 11,000
applications received in 2007.
(9) Under current funding levels, the Peace Corps is able
to provide new placements for only one-third of the American
applicants seeking the opportunity to serve their country and
the world. At the end of fiscal year 2008, there were nearly
8,000 Peace Corps volunteers serving in 76 countries around
the world.
(b) Statement of Policy.--It is the policy of the United
States to--
(1) double the number of Peace Corps volunteers and
strengthen and improve the Peace Corps and its programs;
(2) improve the coordination of Peace Corps programs with
development programs of other Federal departments and
agencies, without diminishing the independence of the Peace
Corps; and
(3) promote all types of volunteerism by Americans in the
developing world.

SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT.

(a) Peace Corps Response Program.--The Peace Corps Act (22
U.S.C. 2501 et seq.) is amended by inserting after section 5
the following new section:

``SEC. 5A. PEACE CORPS RESPONSE PROGRAM.

``The Director of the Peace Corps is authorized to
establish a special program that assigns returned Peace Corps
volunteers or other volunteers to provide short-term
development or other relief assistance or to otherwise be
assigned or made available to any entity referred to in
subsection (a)(1) of section 10. The term of such service
shall be less than the term of service of a volunteer under
section 5. Except to the extent determined necessary and
appropriate by the Director, the program established under
this section may not cause a diminution in the number or
quality of projects or volunteers assigned to longer term
assignments under section 5.''.
(b) Coordination of Peace Corps Programs.--Paragraph (2) of
section 4(c) of the Peace Corps Act (22 U.S.C. 2503(c)) is
amended to read as follows:
``(2) The Director of the Peace Corps shall, as appropriate
and to the maximum extent practicable without diminishing any
program or operational independence, work with the heads of
Federal departments and agencies to identify synergies and
avoid duplication of efforts with Peace Corps programs in the
field and at headquarters.''.
(c) Readjustment Allowance.--Subsection (c) of section 5 of
the Peace Corps Act (22 U.S.C. 2504(c)) is amended, in the
first sentence, by striking ``$125'' and inserting ``$225''.
(d) Authorization of Appropriations.--Section 3(b)(1) of
the Peace Corps Act (22 U.S.C. 2502(b)(1)) is amended by
striking ``$270,000,000'' and all that follows through the
period at the end and inserting the following: ``$450,000,000
for fiscal year 2010 and such sums as may be necessary for
fiscal year 2011.''.

SEC. 603. REPORT.

(a) Peace Corps Response Program Report.--Not later than
one year after the date of the enactment of this Act, the
Director of the Peace Corps shall submit to the appropriate
congressional committees a report on the Peace Corps Response
Program or any similar program developed under in accordance
with section 5A of the Peace Corps Act (as added by section
602(a) of this Act), including information on the following:
(1) The achievements and challenges of the Peace Corps
Response Program or any similar program since its inception
as the Peace Corps Crisis Corps in 1996.
(2) The goals, objectives, program areas, and growth
projections for the Peace Corps Response Program or any
similar program from fiscal year 2010 through fiscal year
2011.
(3) The process and standards for selecting partner
organizations and projects for the Peace Corps Response
Program or any similar program.
(4) The standards and requirements used to select
volunteers for service under the Peace Corps Response Program
or any similar program.
(5) The measures used to evaluate projects of the Peace
Corps Response Program or any similar program and the
effectiveness of volunteers assigned to such Program or
similar program at achieving identified objectives.
(b) Annual Reports.--Not later than one year after the date
of the enactment of this Act and annually thereafter, the
Director of the Peace Corps shall submit to the appropriate
congressional committees a report on progress made in
carrying out this title, including efforts to strengthen
coordination between the Peace Corps and other Federal
departments and agencies carrying out development assistance
programs (as required under paragraph (2) of section 4(c) of
the Peace Corps Act (22 U.S.C. 2503(c)), as amended by
section 602(b) of this Act).

TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009

SEC. 701. SHORT TITLE.

This Act may be cited as the ``Senator Paul Simon Study
Abroad Foundation Act of 2009''.

SEC. 702. FINDINGS.

Congress makes the following findings:
(1) According to former President George W. Bush,
``America's leadership and national security rest on our
commitment to educate and prepare our youth for active
engagement in the international community.''.
(2) According to former President William J. Clinton,
``Today, the defense of United States interests, the
effective management of global issues, and even an
understanding of our Nation's diversity require ever-greater
contact with, and understanding of, people and cultures
beyond our borders.''.
(3) Congress authorized the establishment of the Commission
on the Abraham Lincoln Study Abroad Fellowship Program
pursuant to section 104 of the Miscellaneous Appropriations
and Offsets Act, 2004 (division h of Public Law 108-199).
Pursuant to its mandate, the Lincoln Commission has submitted
to Congress and the President a report of its recommendations
for greatly expanding the opportunity for students at
institutions of higher education in the United States to
study abroad, with special emphasis on studying in developing
nations.
(4) According to the Lincoln Commission, ``[s]tudy abroad
is one of the major means of producing foreign language
speakers and enhancing foreign language learning'' and, for
that reason, ``is simply essential to the [N]ation's
security.''.
(5) Studies consistently show that United States students
score below their counterparts in other advanced countries on
indicators of international knowledge. This lack of global
literacy is a national liability in an age of global trade
and business, global interdependence, and global terror.
(6) Americans believe that it is important for their
children to learn other languages, study abroad, attend a
college where they can interact with international students,
learn about other countries and cultures, and generally be
prepared for the global age.
(7) In today's world, it is more important than ever for
the United States to be a responsible, constructive leader
that other countries are willing to follow. Such leadership
cannot be sustained without an informed citizenry with
significant knowledge and awareness of the world.
(8) Study abroad has proven to be a very effective means of
imparting international and foreign language competency to
students.
(9) In any given year, only approximately one percent of
all students enrolled in United States institutions of higher
education study abroad.
(10) Less than 10 percent of the students who graduate from
United States institutions of higher education with bachelors
degrees have studied abroad.
(11) Far more study abroad must take place in developing
countries. Ninety-five percent of the world's population
growth over the next 50 years will occur outside of Europe,
yet in the academic year 2004-2005, 60 percent of United
States students studying abroad studied in Europe, and 45
percent studied in four countries--the United Kingdom, Italy,
Spain, and France.
(12) The Final Report of the National Commission on
Terrorist Attacks Upon the United States (the 9/11 Commission
Report) recommended that the United States increase support
for ``scholarship, exchange, and library programs''. The 9/11
Public Discourse Project, successor to the 9/11 Commission,
noted in its November 14, 2005, status report that this
recommendation was ``unfulfilled,'' and stated that ``[t]he
U.S. should increase support for scholarship and exchange
programs, our most powerful tool to shape attitudes over the
course of a generation.''. In its December 5, 2005, Final
Report on the 9/11 Commission Recommendations, the 9/11
Public Discourse Project gave the government a grade of ``D''
for its implementation of this recommendation.
(13) Investing in a national study abroad program would
help turn a grade of ``D'' into an ``A'' by equipping United
States students to communicate United States values and way
of

[[Page H6461]]

life through the unique dialogue that takes place among
citizens from around the world when individuals study abroad.
(14) An enhanced national study abroad program could help
further the goals of other United States Government
initiatives to promote educational, social, and political
reform and the status of women in developing and reforming
societies around the world, such as the Middle East
Partnership Initiative.
(15) To complement such worthwhile Federal programs and
initiatives as the Benjamin A. Gilman International
Scholarship Program, the National Security Education Program,
and the National Security Language Initiative, a broad-based
undergraduate study abroad program is needed that will make
many more study abroad opportunities accessible to all
undergraduate students, regardless of their field of study,
ethnicity, socio-economic status, or gender.
(16) To restore America's standing in the world, President
Barack Obama has said that he will call on our nation's
greatest resource, our people, to reach out to and engage
with other nations.

SEC. 703. PURPOSES.

The purposes of this title are--
(1) to significantly enhance the global competitiveness and
international knowledge base of the United States by ensuring
that more United States students have the opportunity to
acquire foreign language skills and international knowledge
through significantly expanded study abroad;
(2) to enhance the foreign policy capacity of the United
States by significantly expanding and diversifying the talent
pool of individuals with non-traditional foreign language
skills and cultural knowledge in the United States who are
available for recruitment by United States foreign affairs
agencies, legislative branch agencies, and nongovernmental
organizations involved in foreign affairs activities;
(3) to ensure that an increasing portion of study abroad by
United States students will take place in nontraditional
study abroad destinations such as the People's Republic of
China, countries of the Middle East region, and developing
countries; and
(4) to create greater cultural understanding of the United
States by exposing foreign students and their families to
United States students in countries that have not
traditionally hosted large numbers of United States students.

SEC. 704. DEFINITIONS.

In this title:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) Board.--The term ``Board'' means the Board of Directors
of the Foundation established pursuant to section 705(d).
(3) Chief executive officer.--The term ``Chief Executive
Officer'' means the chief executive officer of the Foundation
appointed pursuant to section 705(c).
(4) Foundation.--The term ``Foundation'' means the Senator
Paul Simon Study Abroad Foundation established by section
705(a).
(5) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)).
(6) National of the united states.--The term ``national of
the United States'' means a national of the United States or
an alien lawfully admitted for permanent residence (as those
terms are defined in section 101 of the Immigration and
Nationality Act (8 U.S.C. 1101)).
(7) Nontraditional study abroad destination.--The term
``nontraditional study abroad destination'' means a location
that is determined by the Foundation to be a less common
destination for United States students who study abroad.
(8) Study abroad.--The term ``study abroad'' means an
educational program of study, work, research, internship, or
combination thereof that is conducted outside the United
States and that carries academic credit toward fulfilling the
participating student's degree requirements.
(9) United states.--The term ``United States'' means any of
the several States, the District of Columbia, Puerto Rico,
the Northern Mariana Islands, the Virgin Islands, Guam,
American Samoa, and any other territory or possession of the
United States.
(10) United states student.--The term ``United States
student'' means a national of the United States who is
enrolled at an institution of higher education located within
the United States.

SEC. 705. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL
SIMON STUDY ABROAD FOUNDATION.

(a) Establishment.--
(1) In general.--There is established in the executive
branch a corporation to be known as the ``Senator Paul Simon
Study Abroad Foundation'' that shall be responsible for
carrying out this title. The Foundation shall be a government
corporation, as defined in section 103 of title 5, United
States Code.
(2) Board of directors.--The Foundation shall be governed
by a Board of Directors in accordance with subsection (d).
(3) Intent of congress.--It is the intent of Congress in
establishing the structure of the Foundation set forth in
this subsection to create an entity that will administer a
study abroad program that--
(A) serves the long-term foreign policy and national
security needs of the United States; but
(B) operates independently of short-term political and
foreign policy considerations.
(b) Mandate of Foundation.--In administering the program
referred to in subsection (a)(3), the Foundation shall--
(1) promote the objectives and purposes of this title;
(2) through responsive, flexible grant-making, promote
access to study abroad opportunities by United States
students at diverse institutions of higher education,
including two-year institutions, minority-serving
institutions, and institutions that serve nontraditional
students;
(3) through creative grant-making, promote access to study
abroad opportunities by diverse United States students,
including minority students, students of limited financial
means, and nontraditional students;
(4) solicit funds from the private sector to supplement
funds made available under this title; and
(5) minimize administrative costs and maximize the
availability of funds for grants under this title.
(c) Chief Executive Officer.--
(1) In general.--There shall be in the Foundation a Chief
Executive Officer who shall be responsible for the management
of the Foundation.
(2) Appointment.--The Chief Executive Officer shall be
appointed by the Board and shall be a recognized leader in
higher education, business, or foreign policy, chosen on the
basis of a rigorous search.
(3) Relationship to board.--The Chief Executive Officer
shall report to and be under the direct authority of the
Board.
(4) Compensation and rank.--
(A) In general.--The Chief Executive Officer shall be
compensated at the rate provided for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
(B) Amendment.--Section 5315 of title 5, United States
Code, is amended by adding at the end the following:
``Chief Executive Officer, Senator Paul Simon Study Abroad
Foundation.''.
(5) Authorities and duties.--The Chief Executive Officer
shall be responsible for the management of the Foundation and
shall exercise the powers and discharge the duties of the
Foundation.
(6) Authority to appoint officers.--In consultation and
with approval of the Board, the Chief Executive Officer shall
appoint all officers of the Foundation.
(d) Board of Directors.--
(1) Establishment.--There shall be in the Foundation a
Board of Directors.
(2) Duties.--The Board shall perform the functions
specified to be carried out by the Board in this title and
may prescribe, amend, and repeal by-laws, rules, regulations,
and procedures governing the manner in which the business of
the Foundation may be conducted and in which the powers
granted to it by law may be exercised.
(3) Membership.--The Board shall consist of--
(A) the Secretary of State (or the Secretary's designee),
the Secretary of Education (or the Secretary's designee), the
Secretary of Defense (or the Secretary's designee), and the
Administrator of the United States Agency for International
Development (or the Administrator's designee); and
(B) five other individuals with relevant experience in
matters relating to study abroad (such as individuals who
represent institutions of higher education, business
organizations, foreign policy organizations, or other
relevant organizations) who shall be appointed by the
President, by and with the advice and consent of the Senate,
of which--
(i) one individual shall be appointed from among a list of
individuals submitted by the majority leader of the House of
Representatives;
(ii) one individual shall be appointed from among a list of
individuals submitted by the minority leader of the House of
Representatives;
(iii) one individual shall be appointed from among a list
of individuals submitted by the majority leader of the
Senate; and
(iv) one individual shall be appointed from among a list of
individuals submitted by the minority leader of the Senate.
(4) Chief executive officer.--The Chief Executive Officer
of the Foundation shall serve as a non-voting, ex-officio
member of the Board.
(5) Terms.--
(A) Officers of the federal government.--Each member of the
Board described in paragraph (3)(A) shall serve for a term
that is concurrent with the term of service of the
individual's position as an officer within the other Federal
department or agency.
(B) Other members.--Each member of the Board described in
paragraph (3)(B) shall be appointed for a term of three years
and may be reappointed for one additional three-year term.
(C) Vacancies.--A vacancy in the Board shall be filled in
the manner in which the original appointment was made.
(6) Chairperson.--There shall be a Chairperson of the
Board. The Secretary of State (or the Secretary's designee)
shall serve as the Chairperson.
(7) Quorum.--A majority of the members of the Board
described in paragraph (3) shall constitute a quorum, which,
except with respect to a meeting of the Board during the 135-
day period beginning on the date of the enactment of this
Act, shall include at least one member of the Board described
in paragraph (3)(B).
(8) Meetings.--The Board shall meet at the call of the
Chairperson.
(9) Compensation.--
(A) Officers of the federal government.--
(i) In general.--A member of the Board described in
paragraph (3)(A) may not receive additional pay, allowances,
or benefits by reason of the member's service on the Board.

[[Page H6462]]

(ii) Travel expenses.--Each such member of the Board shall
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(B) Other members.--
(i) In general.--Except as provided in clause (ii), a
member of the Board described in paragraph (3)(B) while away
from the member's home or regular place of business on
necessary travel in the actual performance of duties as a
member of the Board, shall be paid per diem, travel, and
transportation expenses in the same manner as is provided
under subchapter I of chapter 57 of title 5, United States
Code.
(ii) Limitation.--A member of the Board may not be paid
compensation under clause (i) for more than 90 days in any
calendar year.

SEC. 706. ESTABLISHMENT AND OPERATION OF PROGRAM.

(a) Establishment of the Program.--There is hereby
established a program, which shall--
(1) be administered by the Foundation; and
(2) award grants to--
(A) United States students for study abroad;
(B) nongovernmental institutions that provide and promote
study abroad opportunities for United States students, in
consortium with institutions described in subparagraph (C);
and
(C) institutions of higher education, individually or in
consortium, in order to accomplish the objectives set forth
in subsection (b).
(b) Objectives.--The objectives of the program established
under subsection (a) are that, within ten years of the date
of the enactment of this Act--
(1) not less than 1,000,000 undergraduate United States
students will study abroad annually for credit;
(2) the demographics of study-abroad participation will
reflect the demographics of the United States undergraduate
population, including students enrolled in community
colleges, minority-serving institutions, and institutions
serving large numbers of low-income and first-generation
students; and
(3) an increasing portion of study abroad will take place
in nontraditional study abroad destinations, with a
substantial portion of such increases taking place in
developing countries.
(c) Mandate of the Program.--In order to accomplish the
objectives set forth in subsection (b), the Foundation shall,
in administering the program established under subsection
(a), take fully into account the recommendations of the
Commission on the Abraham Lincoln Study Abroad Fellowship
Program (established pursuant to section 104 of the
Miscellaneous Appropriations and Offsets Act, 2004 (division
H of Public Law 108-199)).
(d) Structure of Grants.--
(1) Promoting reform.--In accordance with the
recommendations of the Commission on the Abraham Lincoln
Study Abroad Fellowship Program, grants awarded under the
program established under subsection (a) shall be structured
to the maximum extent practicable to promote appropriate
reforms in institutions of higher education in order to
remove barriers to participation by students in study abroad.
(2) Grants to individuals and institutions.--It is the
sense of Congress that--
(A) the Foundation should award not more than 25 percent of
the funds awarded as grants to individuals described in
subparagraph (A) of subsection (a)(2) and not less than 75
percent of such funds to institutions described in
subparagraphs (B) and (C) of such subsection; and
(B) the Foundation should ensure that not less than 85
percent of the amount awarded to such institutions is used to
award scholarships to students.
(e) Balance of Long-Term and Short-Term Study Abroad
Programs.--In administering the program established under
subsection (a), the Foundation shall seek an appropriate
balance between--
(1) longer-term study abroad programs, which maximize
foreign-language learning and intercultural understanding;
and
(2) shorter-term study abroad programs, which maximize the
accessibility of study abroad to nontraditional students.
(f) Quality and Safety in Study Abroad.--In administering
the program established under subsection (a), the Foundation
shall require that institutions receiving grants demonstrate
that--
(1) the study abroad programs for which students receive
grant funds are for academic credit; and
(2) the programs have established health and safety
guidelines and procedures.

SEC. 707. ANNUAL REPORT.

(a) Report Required.--Not later than December 15, 2010, and
each December 15 thereafter, the Foundation shall submit to
the appropriate congressional committees a report on the
implementation of this title during the prior fiscal year.
(b) Contents.--The report required by subsection (a) shall
include--
(1) the total financial resources available to the
Foundation during the year, including appropriated funds, the
value and source of any gifts or donations accepted pursuant
to section 708(a)(6), and any other resources;
(2) a description of the Board's policy priorities for the
year and the bases upon which grant proposals were solicited
and awarded to institutions of higher education,
nongovernmental institutions, and consortiums pursuant to
sections 706(a)(2)(B) and 706(a)(2)(C);
(3) a list of grants made to institutions of higher
education, nongovernmental institutions, and consortiums
pursuant to sections 706(a)(2)(B) and 706(a)(2)(C) that
includes the identity of the institutional recipient, the
dollar amount, the estimated number of study abroad
opportunities provided to United States students by each
grant, the amount of the grant used by each institution for
administrative expenses, and information on cost-sharing by
each institution receiving a grant;
(4) a description of the bases upon which the Foundation
made grants directly to United States students pursuant to
section 706(a)(2)(A);
(5) the number and total dollar amount of grants made
directly to United States students by the Foundation pursuant
to section 706(a)(2)(A); and
(6) the total administrative and operating expenses of the
Foundation for the year, as well as specific information on--
(A) the number of Foundation employees and the cost of
compensation for Board members, Foundation employees, and
personal service contractors;
(B) costs associated with securing the use of real property
for carrying out the functions of the Foundation;
(C) total travel expenses incurred by Board members and
Foundation employees in connection with Foundation
activities; and
(D) total representational expenses.

SEC. 708. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

(a) Powers.--The Foundation--
(1) shall have perpetual succession unless dissolved by a
law enacted after the date of the enactment of this Act;
(2) may adopt, alter, and use a seal, which shall be
judicially noticed;
(3) may make and perform such contracts, grants, and other
agreements with any person or government however designated
and wherever situated, as may be necessary for carrying out
the functions of the Foundation;
(4) may determine and prescribe the manner in which its
obligations shall be incurred and its expenses allowed and
paid, including expenses for representation;
(5) may lease, purchase, or otherwise acquire, improve, and
use such real property wherever situated, as may be necessary
for carrying out the functions of the Foundation;
(6) may accept cash gifts or donations of services or of
property (real, personal, or mixed), tangible or intangible,
for the purpose of carrying out the provisions of this title;
(7) may use the United States mails in the same manner and
on the same conditions as the executive departments;
(8) may contract with individuals for personal services,
who shall not be considered Federal employees for any
provision of law administered by the Office of Personnel
Management;
(9) may hire or obtain passenger motor vehicles; and
(10) shall have such other powers as may be necessary and
incident to carrying out this title.
(b) Principal Office.--The Foundation shall maintain its
principal office in the metropolitan area of Washington,
District of Columbia.
(c) Applicability of Government Corporation Control Act.--
(1) In general.--The Foundation shall be subject to chapter
91 of subtitle VI of title 31, United States Code, except
that the Foundation shall not be authorized to issue
obligations or offer obligations to the public.
(2) Conforming amendment.--Section 9101(3) of title 31,
United States Code, is amended by adding at the end the
following new subparagraph:
``(S) the Senator Paul Simon Study Abroad Foundation.''.
(d) Inspector General.--
(1) In general.--The Inspector General of the Department of
State shall serve as Inspector General of the Foundation,
and, in acting in such capacity, may conduct reviews,
investigations, and inspections of all aspects of the
operations and activities of the Foundation.
(2) Authority of the board.--In carrying out the
responsibilities under this subsection, the Inspector General
shall report to and be under the general supervision of the
Board.
(3) Reimbursement and authorization of services.--
(A) Reimbursement.--The Foundation shall reimburse the
Department of State for all expenses incurred by the
Inspector General in connection with the Inspector General's
responsibilities under this subsection.
(B) Authorization for services.--Of the amount authorized
to be appropriated under section 711(a) for a fiscal year, up
to $2,000,000 is authorized to be made available to the
Inspector General of the Department of State to conduct
reviews, investigations, and inspections of operations and
activities of the Foundation.

SEC. 709. GENERAL PERSONNEL AUTHORITIES.

(a) Detail of Personnel.--Upon request of the Chief
Executive Officer, the head of an agency may detail any
employee of such agency to the Foundation on a reimbursable
basis. Any employee so detailed remains, for the purpose of
preserving such employee's allowances, privileges, rights,
seniority, and other benefits, an employee of the agency from
which detailed.
(b) Reemployment Rights.--
(1) In general.--An employee of an agency who is serving
under a career or career conditional appointment (or the
equivalent), and who, with the consent of the head of such
agency, transfers to the Foundation, is entitled to be
reemployed in such employee's former position or a position
of like seniority, status, and pay in such agency, if such
employee--
(A) is separated from the Foundation for any reason, other
than misconduct, neglect of duty, or malfeasance; and
(B) applies for reemployment not later than 90 days after
the date of separation from the Foundation.
(2) Specific rights.--An employee who satisfies paragraph
(1) is entitled to be reemployed (in accordance with such
paragraph) within 30 days after applying for reemployment
and, on reemployment, is entitled to at least the rate of

[[Page H6463]]

basic pay to which such employee would have been entitled had
such employee never transferred.
(c) Hiring Authority.--Of persons employed by the
Foundation, not to exceed 20 persons may be appointed,
compensated, or removed without regard to the civil service
laws and regulations.
(d) Basic Pay.--The Chief Executive Officer may fix the
rate of basic pay of employees of the Foundation without
regard to the provisions of chapter 51 of title 5, United
States Code (relating to the classification of positions),
subchapter III of chapter 53 of such title (relating to
General Schedule pay rates), except that no employee of the
Foundation may receive a rate of basic pay that exceeds the
rate for level IV of the Executive Schedule under section
5315 of such title.
(e) Definitions.--In this section--
(1) the term ``agency'' means an executive agency, as
defined by section 105 of title 5, United States Code; and
(2) the term ``detail'' means the assignment or loan of an
employee, without a change of position, from the agency by
which such employee is employed to the Foundation.

SEC. 710. GAO REVIEW.

(a) Review Required.--Not later than two years after the
date of the enactment of this Act, the Comptroller General of
the United States shall commence a review of the operations
of the Foundation.
(b) Content.--In conducting the review required under
subsection (a), the Comptroller General shall analyze--
(1) whether the Foundation is organized and operating in a
manner that will permit it to fulfill the purposes of this
section, as set forth in section 603;
(2) the degree to which the Foundation is operating
efficiently and in a manner consistent with the requirements
of paragraphs (4) and (5) of section 605(b);
(3) whether grant-making by the Foundation is being
undertaken in a manner consistent with subsections (d), (e),
and (f) of section 606;
(4) the extent to which the Foundation is using best
practices in the implementation of this Act and the
administration of the program described in section 606; and
(5) other relevant matters, as determined by the
Comptroller General, after consultation with the appropriate
congressional committees.
(c) Report Required.--The Comptroller General shall submit
a report on the results of the review conducted under
subsection (a) to the Secretary of State (in the capacity of
the Secretary as Chairperson of the Board of the Foundation)
and to the appropriate congressional committees.

SEC. 711. AUTHORIZATION OF APPROPRIATIONS.

(a) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this title $40,000,000 for fiscal year 2010 and
$80,000,000 for fiscal year 2011.
(2) Amounts in addition to other available amounts.--
Amounts authorized to be appropriated by paragraph (1) are in
addition to amounts authorized to be appropriated or
otherwise made available for educational exchange programs,
including the J. William Fulbright Educational Exchange
Program and the Benjamin A. Gilman International Scholarship
Program, administered by the Bureau of Educational and
Cultural Affairs of the Department of State.
(b) Allocation of Funds.--
(1) In general.--The Foundation may allocate or transfer to
any agency of the United States Government any of the funds
available for carrying out this Act. Such funds shall be
available for obligation and expenditure for the purposes for
which the funds were authorized, in accordance with authority
granted in this Act or under authority governing the
activities of the United States Government agency to which
such funds are allocated or transferred.
(2) Notification.--The Foundation shall notify the
appropriate congressional committees not less than 15 days
prior to an allocation or transfer of funds pursuant to
paragraph (1).

TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

Subtitle A--Defense Trade Controls Performance Improvement Act of 2009

SEC. 801. SHORT TITLE.

This subtitle may be cited as the ``Defense Trade Controls
Performance Improvement Act of 2009''.

SEC. 802. FINDINGS.

Congress finds the following:
(1) In a time of international terrorist threats and a
dynamic global economic and security environment, United
States policy with regard to export controls is in urgent
need of a comprehensive review in order to ensure such
controls are protecting the national security and foreign
policy interests of the United States.
(2) In January 2007, the Government Accountability Office
designated the effective identification and protection of
critical technologies as a government-wide, high-risk area,
warranting a strategic reexamination of existing programs,
including programs relating to arms export controls.
(3) Federal Government agencies must review licenses for
export of munitions in a thorough and timely manner to ensure
that the United States is able to assist United States allies
and to prevent nuclear and conventional weapons from getting
into the hands of enemies of the United States.
(4) Both staffing and funding that relate to the Department
of State's arms export control responsibilities have not kept
pace with the increased workload relating to such
responsibilities, especially during the current decade.
(5) Outsourcing and off-shoring of defense production and
the policy of many United States trading partners to require
offsets for major sales of defense and aerospace articles
present a potential threat to United States national security
and economic well-being and serve to weaken the defense
industrial base.
(6) Export control policies can have a negative impact on
United States employment, nonproliferation goals, and the
health of the defense industrial base, particularly when
facilitating the overseas transfer of technology or
production and other forms of outsourcing, such as offsets
(direct and indirect), co-production, subcontracts, overseas
investment and joint ventures in defense and commercial
industries. Federal Government agencies must develop new and
effective procedures for ensuring that export control systems
address these problems and the threat they pose to national
security.
(7) In the report to Congress required by the Conference
Report (Report 109-272) accompanying the bill, H.R. 2862 (the
Science, State, Justice, Commerce and Related Agencies
Appropriations Act, 2006; Public Law 109-108), the Department
of State concluded that--
(A) defense trade licensing has become much more complex in
recent years as a consequence of the increasing globalization
of the defense industry;
(B) the most important challenge to the Department of
State's licensing process has been the sheer growth in volume
of applicants for licenses and agreements, without the
corresponding increase in licensing officers; and
(C) the increase in licensing volume without a
corresponding increase in trained and experienced personnel
has resulted in delays and increased processing times.
(8) In 2006, the Department of State processed over three
times as many licensing applications as the Department of
Commerce with about a fifth of the staff of the Department of
Commerce.
(9) On July 27, 2007, in testimony delivered to the
Subcommittee on Terrorism, Nonproliferation and Trade of the
Committee on Foreign Affairs of the House of Representatives
to examine the effectiveness of the United States export
control regime, the Government Accountability Office found
that--
(A) the United States Government needs to conduct
assessments to determine its overall effectiveness in the
area of arms export control; and
(B) the processing times of the Department of State doubled
over the period from 2002 to 2006.
(10)(A) Allowing a continuation of the status quo in
resources for defense trade licensing could ultimately harm
the United States defense industrial base. The 2007 Institute
for Defense Analysis report entitled ``Export Controls and
the U.S. Defense Industrial Base'' found that the large
backlog and long processing times by the Department of State
for applications for licenses to export defense items led to
an impairment of United States firms in some sectors to
conduct global business relative to foreign competitors.
(B) Additionally, the report found that United States
commercial firms have been reluctant to engage in research
and development activities for the Department of Defense
because this raises the future prospects that the products
based on this research and development, even if intrinsically
commercial, will be saddled by Department of State munitions
controls due to the link to that research.
(11) According to the Department of State's fiscal year
2008 budget justification to Congress, commercial exports
licensed or approved under the Arms Export Control Act
exceeded $30,000,000,000, with nearly eighty percent of these
items exported to United States NATO allies and other major
non-NATO allies.
(12) A Government Accountability Office report of October
9, 2001 (GAO-02-120), documented ambiguous export control
jurisdiction affecting 25 percent of the items that the
United States Government agreed to control as part of its
commitments to the Missile Technology Control Regime. The
United States Government has not clearly determined which
department has jurisdiction over these items, which increases
the risk that these items will fall into the wrong hands.
During both the 108th, 109th, and 110th Congresses, the House
of Representatives passed legislation mandating that the
Administration clarify this issue.
(13) During 2007 and 2008, the management and staff of the
Directorate of Defense Trade Controls of the Department of
State have, through extraordinary effort and dedication,
eliminated the large backlog of open applications and have
reduced average processing times for license applications;
however, the Directorate remains understaffed and long delays
remain for complicated cases.

SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE UNITED
STATES EXPORT CONTROLS SYSTEM.

(a) Review and Assessment.--
(1) In general.--Not later than March 31, 2010, the
President shall conduct a comprehensive and systematic review
and assessment of the United States arms export controls
system in the context of the national security interests and
strategic foreign policy objectives of the United States.
(2) Elements.--The review and assessment required under
paragraph (1) shall--
(A) determine the overall effectiveness of the United
States arms export controls system in order to, where
appropriate, strengthen controls, improve efficiency, and
reduce unnecessary redundancies across Federal Government
agencies, through administrative actions, including
regulations, and to formulate legislative proposals for new
authorities that are needed;
(B) develop processes to ensure better coordination of arms
export control activities of the Department of State with
activities of other departments and agencies of the United
States that are responsible for enforcing United States arms
export control laws;

[[Page H6464]]

(C) ensure that weapons-related nuclear technology, other
technology related to weapons of mass destruction, and all
items on the Missile Technology Control Regime Annex are
subject to stringent control by the United States Government;
(D) determine the overall effect of arms export controls on
counterterrorism, law enforcement, and infrastructure
protection missions of the Department of Homeland Security;
(E) determine the effects of export controls policies and
the practices of the export control agencies on the United
States defense industrial base and United States employment
in the industries affected by export controls;
(F) contain a detailed summary of known attempts by
unauthorized end-users (such as international arms
traffickers, foreign intelligence agencies, and foreign
terrorist organizations) to acquire items on the United
States Munitions List and related technical data, including--
(i) data on--

(I) commodities sought, such as M-4 rifles, night vision
devices, F-14 spare parts;
(II) parties involved, such as the intended end-users,
brokers, consignees, and shippers;
(III) attempted acquisition of technology and technical
data critical to manufacture items on the United States
Munitions List;
(IV) destination countries and transit countries;
(V) modes of transport;
(VI) trafficking methods, such as use of false
documentation and front companies registered under flags of
convenience;
(VII) whether the attempted illicit transfer was
successful; and
(VIII) any administrative or criminal enforcement actions
taken by the United States and any other government in
relation to the attempted illicit transfer;

(ii) a thorough evaluation of the Blue Lantern Program,
including the adequacy of current staffing and funding
levels;
(iii) a detailed analysis of licensing exemptions and their
successful exploitation by unauthorized end-users; and
(iv) an examination of the extent to which the increased
tendency toward outsourcing and off-shoring of defense
production harm United States national security and weaken
the defense industrial base, including direct and indirect
impact on employment, and formulate policies to address these
trends as well as the policy of some United States trading
partners to require offsets for major sales of defense
articles; and
(G) assess the extent to which export control policies and
practices under the Arms Export Control Act promote the
protection of basic human rights.
(b) Congressional Briefings.--The President shall provide
periodic briefings to the appropriate congressional
committees on the progress of the review and assessment
conducted under subsection (a). The requirement to provide
congressional briefings under this subsection shall terminate
on the date on which the President transmits to the
appropriate congressional committees the report required
under subsection (c).
(c) Report.--Not later than 18 months after the date of the
enactment of this Act, the President shall transmit to the
appropriate congressional committees and the Committee on
Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate a report that
contains the results of the review and assessment conducted
under subsection (a). The report required by this subsection
shall contain a certification that the requirement of
subsection (a)(2)(C) has been met, or if the requirement has
not been met, the reasons therefor. The report required by
this subsection shall be submitted in unclassified form, but
may contain a classified annex, if necessary.

SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF APPLICATIONS
FOR LICENSES TO EXPORT ITEMS ON UNITED STATES
MUNITIONS LIST.

(a) In General.--The Secretary of State, acting through the
head of the Directorate of Defense Trade Controls of the
Department of State, shall establish and maintain the
following goals:
(1) The processing time for review of each application for
a license to export items on the United States Munitions List
(other than a Manufacturing License Agreement) shall be not
more than 60 days from the date of receipt of the
application.
(2) The processing time for review of each application for
a commodity jurisdiction determination shall be not more than
60 days from the date of receipt of the application.
(3) The total number of applications described in paragraph
(1) that are unprocessed shall be not more than 7 percent of
the total number of such applications submitted in the
preceding calendar year.
(b) Additional Review.--(1) If an application described in
paragraph (1) or (2) of subsection (a) is not processed
within the time period described in the respective paragraph
of such subsection, then the Managing Director of the
Directorate of Defense Trade Controls or the Deputy Assistant
Secretary for Defense Trade and Regional Security of the
Department of State, as appropriate, shall review the status
of the application to determine if further action is required
to process the application.
(2) If an application described in paragraph (1) or (2) of
subsection (a) is not processed within 90 days from the date
of receipt of the application, then the Assistant Secretary
for Political-Military Affairs of the Department of State
shall--
(A) review the status of the application to determine if
further action is required to process the application; and
(B) submit to the appropriate congressional committees a
notification of the review conducted under subparagraph (A),
including a description of the application, the reason for
delay in processing the application, and a proposal for
further action to process the application.
(3) For each calendar year, the Managing Director of the
Directorate of Defense Trade Controls shall review not less
than 2 percent of the total number of applications described
in paragraphs (1) and (2) of subsection (a) to ensure that
the processing of such applications, including decisions to
approve, deny, or return without action, is consistent with
both policy and regulatory requirements of the Department of
State.
(c) Statements of Policy.--
(1) United states allies.--Congress states that--
(A) it shall be the policy of the Directorate of Defense
Trade Controls of the Department of State to ensure that, to
the maximum extent practicable, the processing time for
review of applications described in subsection (a)(1) to
export items that are not subject to the requirements of
section 36 (b) or (c) of the Arms Export Control Act (22
U.S.C. 2776 (b) or (c)) to United States allies in direct
support of combat operations or peacekeeping or humanitarian
operations with United States Armed Forces is not more than 7
days from the date of receipt of the application; and
(B) it shall be the goal, as appropriate, of the
Directorate of Defense Trade Controls to ensure that, to the
maximum extent practicable, the processing time for review of
applications described in subsection (a)(1) to export items
that are not subject to the requirements of section 36 (b) or
(c) of the Arms Export Control Act to government security
agencies of United States NATO allies, Australia, New
Zealand, Japan, South Korea, Israel, and, as appropriate,
other major non-NATO allies for any purpose other than the
purpose described in paragraph (1) is not more than 30 days
from the date of receipt of the application.
(2) Priority for applications for export of u.s.-origin
equipment.--In meeting the goals established by this section,
it shall be the policy of the Directorate of Defense Trade
Controls of the Department of State to prioritize the
processing of applications for licenses and agreements
necessary for the export of United States-origin equipment
over applications for Manufacturing License Agreements.
(d) Report.--Not later than December 31, 2011, and December
31, 2012, the Secretary of State shall submit to the
appropriate congressional committees a report that contains a
detailed description of--
(1)(A) the average processing time for and number of
applications described in subsection (a)(1) to--
(i) United States NATO allies, Australia, New Zealand,
Japan, South Korea, and Israel;
(ii) other major non-NATO allies; and
(iii) all other countries; and
(B) to the extent practicable, the average processing time
for and number of applications described in subsection (b)(1)
by item category;
(2) the average processing time for and number of
applications described in subsection (a)(2);
(3) the average processing time for and number of
applications for agreements described in part 124 of title
22, Code of Federal Regulations (relating to the
International Traffic in Arms Regulations (other than
Manufacturing License Agreements));
(4) the average processing times for applications for
Manufacturing License Agreements;
(5) any management decisions of the Directorate of Defense
Trade Controls of the Department of State that have been made
in response to data contained in paragraphs (1) through (3);
and
(6) any advances in technology that will allow the time-
frames described in subsection (a)(1) to be substantially
reduced.
(e) Congressional Briefings.--If, at the end of any month
beginning after the date of the enactment of this Act, the
total number of applications described in subsection (a)(1)
that are unprocessed is more than 7 percent of the total
number of such applications submitted in the preceding
calendar year, then the Secretary of State, acting through
the Under Secretary for Arms Control and International
Security, the Assistant Secretary for Political-Military
Affairs, or the Deputy Assistant Secretary for Defense Trade
and Regional Security of the Department of State, as
appropriate, shall brief the appropriate congressional
committees on such matters and the corrective measures that
the Directorate of Defense Trade Controls will take to comply
with the requirements of subsection (a).
(f) Transparency of Commodity Jurisdiction
Determinations.--
(1) Declaration of policy.--Congress declares that the
complete confidentiality surrounding several hundred
commodity jurisdiction determinations made each year by the
Department of State pursuant to the International Traffic in
Arms Regulations is not necessary to protect legitimate
proprietary interests of persons or their prices and
customers, is not in the best security and foreign policy
interests of the United States, is inconsistent with the need
to ensure a level playing field for United States exporters,
and detracts from United States efforts to promote greater
transparency and responsibility by other countries in their
export control systems.
(2) Publication on internet website.--The Secretary of
State shall--
(A) upon making a commodity jurisdiction determination
referred to in paragraph (1) publish on the Internet website
of the Department of State not later than 30 days after the
date of the determination--
(i) the name of the manufacturer of the item;
(ii) a brief general description of the item;

[[Page H6465]]

(iii) the model or part number of the item; and
(iv) the United States Munitions List designation under
which the item has been designated, except that--

(I) the name of the person or business organization that
sought the commodity jurisdiction determination shall not be
published if the person or business organization is not the
manufacturer of the item; and
(II) the names of the customers, the price of the item, and
any proprietary information relating to the item indicated by
the person or business organization that sought the commodity
jurisdiction determination shall not be published; and

(B) maintain on the Internet website of the Department of
State an archive, that is accessible to the general public
and other departments and agencies of the United States, of
the information published under subparagraph (A).
(g) Rule of Construction.--Nothing in this section shall be
construed to prohibit the President or Congress from
undertaking a thorough review of the national security and
foreign policy implications of a proposed export of items on
the United States Munitions List.

SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF AND RESOURCES
FOR THE DIRECTORATE OF DEFENSE TRADE CONTROLS
OF THE DEPARTMENT OF STATE.

(a) Requirement.--The Secretary of State shall ensure that
the Directorate of Defense Trade Controls of the Department
of State has the necessary staff and resources to carry out
this subtitle and the amendments made by this subtitle.
(b) Minimum Number of Licensing Officers.--For fiscal year
2011 and each subsequent fiscal year, the Secretary of State
shall ensure that the Directorate of Defense Trade Controls
has at least 1 licensing officer for every 1,250 applications
for licenses and other authorizations to export items on the
United States Munitions List by not later than the third
quarter of such fiscal year, based on the number of licenses
and other authorizations expected to be received during such
fiscal year. The Secretary shall ensure that in meeting the
requirement of this subsection, the performance of other
functions of the Directorate of Defense Trade Controls is
maintained and adequate staff is provided for those
functions.
(c) Minimum Number of Staff for Commodity Jurisdiction
Determinations.--For each of the fiscal years 2010 through
2012, the Secretary of State shall ensure that the
Directorate of Defense Trade Controls has, to the extent
practicable, not less than three individuals assigned to
review applications for commodity jurisdiction
determinations.
(d) Enforcement Resources.--In accordance with section
127.4 of title 22, Code of Federal Regulations, U.S.
Immigration and Customs Enforcement is authorized to
investigate violations of the International Traffic in Arms
Regulations on behalf of the Directorate of Defense Trade
Controls of the Department of State. The Secretary of State
shall ensure that the Directorate of Defense Trade Controls
has adequate staffing for enforcement of the International
Traffic in Arms Regulations.

SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPARTMENT OF
STATE.

(a) Audit.--Not later than the end of each of the fiscal
years 2011 and 2012, the Inspector General of the Department
of State shall conduct an independent audit to determine the
extent to which the Department of State is meeting the
requirements of sections 804 and 805.
(b) Report.--The Inspector General shall submit to the
appropriate congressional committees a report that contains
the result of each audit conducted under subsection (a).

SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE TRADE
CONTROLS REGISTRATION FEES.

(a) In General.--Section 45 of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2717) is amended--
(1) in the first sentence--
(A) by striking ``For'' and inserting ``(a) In General.--
For''; and
(B) by striking ``Office'' and inserting ``Directorate'';
(2) by amending the second sentence to read as follows:
``(b) Availability of Fees.--Fees credited to the account
referred to in subsection (a) shall be available only for
payment of expenses incurred for--
``(1) management,
``(2) licensing (in order to meet the requirements of
section 805 of the Defense Trade Controls Performance
Improvement Act of 2009 (relating to adequate staff and
resources of the Directorate of Defense Trade Controls)),
``(3) compliance,
``(4) policy activities, and
``(5) facilities,
of defense trade controls functions.''; and
(3) by adding at the end the following:
``(c) Allocation of Fees.--In allocating fees for payment
of expenses described in subsection (b), the Secretary of
State shall accord the highest priority to payment of
expenses incurred for personnel and equipment of the
Directorate of Defense Trade Controls, including payment of
expenses incurred to meet the requirements of section 805 of
the Defense Trade Controls Performance Improvement Act of
2009.''.
(b) Conforming Amendment.--Section 38(b) of the Arms Export
Control Act (22 U.S.C. 2778(b)) is amended by striking
paragraph (3).

SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS REGULATIONS
AND UNITED STATES MUNITIONS LIST.

(a) In General.--The Secretary of State, in coordination
with the heads of other relevant departments and agencies of
the United States Government, shall review, with the
assistance of United States manufacturers and other
interested parties described in section 811(2) of this Act,
the International Traffic in Arms Regulations and the United
States Munitions List to determine those technologies and
goods that warrant different or additional controls.
(b) Conduct of Review.--In carrying out the review required
under subsection (a), the Secretary of State shall review not
less than 20 percent of the technologies and goods on the
International Traffic in Arms Regulations and the United
States Munitions List in each calendar year so that for the
5-year period beginning with calendar year 2010, and for each
subsequent 5-year period, the International Traffic in Arms
Regulations and the United States Munitions List will be
reviewed in their entirety.
(c) Report.--The Secretary of State shall submit to the
appropriate congressional committees and the Committee on
Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate an annual report on
the results of the review carried out under this section.

SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CERTAIN EXPORTS
TO NATO MEMBER STATES, AUSTRALIA, JAPAN, NEW
ZEALAND, ISRAEL, AND SOUTH KOREA.

(a) In General.--Section 38 of the Arms Export Control Act
(22 U.S.C. 2778) is amended by adding at the end the
following:
``(k) Special Licensing Authorization for Certain Exports
to NATO Member States, Australia, Japan, New Zealand, Israel,
and South Korea.--
``(1) Authorization.--(A) The President may provide for
special licensing authorization for exports of United States-
manufactured spare and replacement parts or components listed
in an application for such special licensing authorization in
connection with defense items previously exported to NATO
member states, Australia, Japan, New Zealand, Israel, and
South Korea. A special licensing authorization issued
pursuant to this clause shall be effective for a period not
to exceed 5 years.
``(B) An authorization may be issued under subparagraph (A)
only if the applicable government of the country described in
subparagraph (A), acting through the applicant for the
authorization, certifies that--
``(i) the export of spare and replacement parts or
components supports a defense item previously lawfully
exported;
``(ii) the spare and replacement parts or components will
be transferred to a defense agency of a country described in
subparagraph (A) that is a previously approved end-user of
the defense items and not to a distributor or a foreign
consignee of such defense items;
``(iii) the spare and replacement parts or components will
not to be used to materially enhance, optimize, or otherwise
modify or upgrade the capability of the defense items;
``(iv) the spare and replacement parts or components relate
to a defense item that is owned, operated, and in the
inventory of the armed forces a country described in
subparagraph (A);
``(v) the export of spare and replacement parts or
components will be effected using the freight forwarder
designated by the purchasing country's diplomatic mission as
responsible for handling transfers under chapter 2 of this
Act as required under regulations; and
``(vi) the spare and replacement parts or components to be
exported under the special licensing authorization are
specifically identified in the application.
``(C) An authorization may not be issued under subparagraph
(A) for purposes of establishing offshore procurement
arrangements or producing defense articles offshore.
``(D)(i) For purposes of this subsection, the term `United
States-manufactured spare and replacement parts or
components' means spare and replacement parts or
components--
``(I) with respect to which--
``(aa) United States-origin content costs constitute at
least 85 percent of the total content costs;
``(bb) United States manufacturing costs constitute at
least 85 percent of the total manufacturing costs; and
``(cc) foreign content, if any, is limited to content from
countries eligible to receive exports of items on the United
States Munitions List under the International Traffic in Arms
Regulations (other than de minimis foreign content);
``(II) that were last substantially transformed in the
United States; and
``(III) that are not--
``(aa) classified as significant military equipment; or
``(bb) listed on the Missile Technology Control Regime
Annex.
``(ii) For purposes of clause (i)(I) (aa) and (bb), the
costs of non-United States-origin content shall be determined
using the final price or final cost associated with the non-
United States-origin content.
``(2) Inapplicability provisions.--(A) The provisions of
this subsection shall not apply with respect to re-exports or
re-transfers of spare and replacement parts or components and
related services of defense items described in paragraph (1).
``(B) The congressional notification requirements contained
in section 36(c) of this Act shall not apply with respect to
an authorization issued under paragraph (1).''.
(b) Effective Date.--The President shall issue regulations
to implement amendments made by subsection (a) not later than
180 days after the date of the enactment of this Act.

[[Page H6466]]

SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS OF
LICENSE APPLICATIONS UNDER CHAPTER 3 OF THE
ARMS EXPORT CONTROL ACT.

Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et
seq.) is amended by inserting after section 38 the following
new section:

``SEC. 38A. AVAILABILITY OF INFORMATION ON THE STATUS OF
LICENSE APPLICATIONS UNDER THIS CHAPTER.

``(a) Availability of Information.--Not later than one year
after the date of the enactment of the Defense Trade Controls
Performance Improvement Act of 2009, the President shall make
available to persons who have pending license applications
under this chapter and the committees of jurisdiction the
ability to access electronically current information on the
status of each license application required to be submitted
under this chapter.
``(b) Matters To Be Included.--The information referred to
in subsection (a) shall be limited to the following:
``(1) The case number of the license application.
``(2) The date on which the license application is received
by the Department of State and becomes an `open application'.
``(3) The date on which the Directorate of Defense Trade
Controls makes a determination with respect to the license
application or transmits it for interagency review, if
required.
``(4) The date on which the interagency review process for
the license application is completed, if such a review
process is required.
``(5) The date on which the Department of State begins
consultations with the congressional committees of
jurisdiction with respect to the license application.
``(6) The date on which the license application is sent to
the congressional committees of jurisdiction.''.

SEC. 811. SENSE OF CONGRESS.

It is the sense of Congress that--
(1)(A) the advice provided to the Secretary of State by the
Defense Trade Advisory Group (DTAG) supports the regulation
of defense trade and helps ensure that United States national
security and foreign policy interests continue to be
protected and advanced while helping to reduce unnecessary
impediments to legitimate exports in order to support the
defense requirements of United States friends and allies; and
(B) therefore, the Secretary of State should share
significant planned rules and policy shifts with DTAG for
comment; and
(2) recognizing the constraints imposed on the Department
of State by the nature of a voluntary organization such as
DTAG, the Secretary of State is encouraged to ensure that
members of DTAG are drawn from a representative cross-section
of subject matter experts from the United States defense
industry, relevant trade and labor associations, academic,
and foundation personnel.

SEC. 812. DEFINITIONS.

In this subtitle:
(1) International traffic in arms regulations; itar.--The
term ``International Traffic in Arms Regulations'' or
``ITAR'' means those regulations contained in parts 120
through 130 of title 22, Code of Federal Regulations (or
successor regulations).
(2) Major non-nato ally.--The term ``major non-NATO ally''
means a country that is designated in accordance with section
517 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321k)
as a major non-NATO ally for purposes of the Foreign
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms
Export Control Act (22 U.S.C. 2751 et seq.).
(3) Manufacturing license agreement.--The term
``Manufacturing License Agreement'' means an agreement
described in section 120.21 of title 22, Code of Federal
Regulations (or successor regulations).
(4) Missile technology control regime; mtcr.--The term
``Missile Technology Control Regime'' or ``MTCR'' has the
meaning given the term in section 11B(c)(2) of the Export
Administration Act of 1979 (50 U.S.C. App. 2401b(c)(2)).
(5) Missile technology control regime annex; mtcr annex.--
The term ``Missile Technology Control Regime Annex'' or
``MTCR Annex'' has the meaning given the term in section
11B(c)(4) of the Export Administration Act of 1979 (50 U.S.C.
App. 2401b(c)(4)).
(6) Offsets.--The term ``offsets'' includes compensation
practices required of purchase in either government-to-
government or commercial sales of defense articles or defense
services under the Arms Export Control Act (22 U.S.C. 2751 et
seq.) and the International Traffic in Arms Regulations.
(7) United states munitions list; usml.--The term ``United
States Munitions List'' or ``USML'' means the list referred
to in section 38(a)(1) of the Arms Export Control Act (22
U.S.C. 2778(a)(1)).

SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

Of the amounts authorized to be appropriated under section
101, there are authorized to be appropriated such sums as may
be necessary for each of fiscal years 2010 and 2011 to carry
out this subtitle and the amendments made by this subtitle.

Subtitle B--Provisions Relating to Export Licenses

SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL DIRECTIVES
REGARDING UNITED STATES ARMS EXPORT POLICIES,
PRACTICES, AND REGULATIONS.

(a) In General.--The President shall make available to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate the text
of each Presidential directive regarding United States export
policies, practices, and regulations relating to the
implementation of the Arms Export Control Act (22 U.S.C. 2751
et seq.) not later than 15 days after the date on which the
directive has been signed or authorized by the President.
(b) Transition Provision.--Each Presidential directive
described in subsection (a) that is signed or authorized by
the President on or after January 1, 2009, and before the
date of the enactment of this Act shall be made available to
the congressional committees specified in subsection (a) not
later than 90 days after the date of the enactment of this
Act.
(c) Form.--To the maximum extent practicable, each
Presidential directive described in subsection (a) shall be
made available to the congressional committees specified in
subsection (a) on an unclassified basis.

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

(a) Foreign Military Sales.--
(1) In general.--Section 36(b) of the Arms Export Control
Act (22 U.S.C. 2776(b)) is amended--
(A) in paragraph (1)--
(i) by striking ``$50,000,000'' and inserting
``$100,000,000'';
(ii) by striking ``$200,000,000'' and inserting
``$300,000,000'';
(iii) by striking ``$14,000,000'' and inserting
``$25,000,000''; and
(iv) by striking ``The letter of offer shall not be
issued'' and all that follows through ``enacts a joint
resolution'' and inserting the following:
``(2) The letter of offer shall not be issued--
``(A) with respect to a proposed sale of any defense
articles or defense services under this Act for $200,000,000
or more, any design and construction services for
$300,000,000 or more, or any major defense equipment for
$75,000,000 or more, to the North Atlantic Treaty
Organization (NATO), any member country of NATO, Japan,
Australia, the Republic of Korea, Israel, or New Zealand, if
Congress, within 15 calendar days after receiving such
certification, or
``(B) with respect to a proposed sale of any defense
articles or services under this Act for $100,000,000 or more,
any design and construction services for $200,000,000 or
more, or any major defense equipment for $50,000,000 or more,
to any other country or organization, if Congress, within 30
calendar days after receiving such certification,

enacts a joint resolution''; and
(B) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively.
(2) Technical and conforming amendments.--Section 36 of the
Arms Export Control Act (22 U.S.C. 2776) is amended--
(A) in subsection (b)--
(i) in paragraph (6)(C), as redesignated, by striking
``Subject to paragraph (6), if'' and inserting ``If''; and
(ii) by striking paragraph (7), as redesignated; and
(B) in subsection (c)(4), by striking ``subsection (b)(5)''
each place it appears and inserting ``subsection (b)(6)''.
(b) Commercial Sales.--Section 36(c) of the Arms Export
Control Act (22 U.S.C. 2776(c)) is amended--
(1) in paragraph (1)--
(A) by striking ``Subject to paragraph (5), in'' and
inserting ``In'';
(B) by striking ``$14,000,000'' and inserting
``$25,000,000''; and
(C) by striking ``$50,000,000'' and inserting
``$100,000,000'';
(2) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting after ``for an export'' the following:
``of any major defense equipment sold under a contract in the
amount of $75,000,000 or more or of defense articles or
defense services sold under a contract in the amount of
$200,000,000 or more, (or, in the case of a defense article
that is a firearm controlled under category I of the United
States Munitions List, $1,000,000 or more)''; and
(ii) by striking ``Organization,'' and inserting
``Organization (NATO),'' and by further striking ``that
Organization'' and inserting ``NATO''; and
(B) in subparagraph (C), by inserting after ``license'' the
following: ``for an export of any major defense equipment
sold under a contract in the amount of $50,000,000 or more or
of defense articles or defense services sold under a contract
in the amount of $100,000,000 or more, (or, in the case of a
defense article that is a firearm controlled under category I
of the United States Munitions List, $1,000,000 or more)'';
and
(3) by striking paragraph (5).

SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NATIONAL AND
INTERNATIONAL ARMS EXPORT CONTROLS.

(a) Sense of Congress.--It is the sense of Congress that
the President should redouble United States diplomatic
efforts to strengthen national and international arms export
controls by establishing a senior-level initiative to ensure
that those arms export controls are comparable to and
supportive of United States arms export controls,
particularly with respect to countries of concern to the
United States.
(b) Report.--Not later than one year after the date of the
enactment of this Act, and annually thereafter for 4 years,
the President shall transmit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report on United States
diplomatic efforts described in subsection (a).

SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EXPORTS.

Section 655(b) of the Foreign Assistance Act of 1961 (22
U.S.C. 2415(b)) is amended--
(1) in paragraph (2), by striking ``or'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(4) were exported without a license under section 38 of
the Arms Export Control Act (22

[[Page H6467]]

U.S.C. 2778) pursuant to an exemption established under the
International Traffic in Arms Regulations, other than defense
articles exported in furtherance of a letter of offer and
acceptance under the Foreign Military Sales program or a
technical assistance or manufacturing license agreement,
including the specific exemption provision in the regulation
under which the export was made.''.

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

Section 38 of the Arms Export Control Act (22 U.S.C. 2778),
as amended by section 809(a) of this Act, is further amended
by adding at the end the following:
``(l) Report.--
``(1) In general.--The President shall transmit to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate a report
that contains a detailed listing, by country and by
international organization, of the total dollar value of
major defense equipment and defense articles exported
pursuant to licenses authorized under this section for the
previous fiscal year.
``(2) Inclusion in annual budget.--The report required by
this subsection shall be included in the supporting
information of the annual budget of the United States
Government required to be submitted to Congress under section
1105 of title 31, United States Code.''.

SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RELATED
COMPONENTS FROM THE UNITED STATES MUNITIONS
LIST.

(a) Authority.--Except as provided in subsection (b) and
subject to subsection (d), the President is authorized to
remove satellites and related components from the United
States Munitions List, consistent with the procedures in
section 38(f) of the Arms Export Control Act (22 U.S.C.
2778(f)).
(b) Exception.--The authority of subsection (a) may not be
exercised with respect to any satellite or related component
that may, directly or indirectly, be transferred to, or
launched into outer space by, the People's Republic of China.
(c) United States Munitions List.--In this section, the
term ``United States Munitions List'' means the list referred
to in section 38(a)(1) of the Arms Export Control Act (22
U.S.C. 2778(a)(1)).
(d) Effective Date.--The President may not exercise the
authority provided in this section before the date that is 90
days after the date of the enactment of this Act.

SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF VIOLATIONS
OF SECTION 3 OF THE ARMS EXPORT CONTROL ACT.

(a) Review.--The Inspector General of the Department of
State shall conduct a review of investigations by the
Department of State during each of fiscal years 2010 through
2014 of any and all possible violations of section 3 of the
Arms Export Control Act (22 U.S.C. 2753) with respect to
misuse of United States-origin defense items to determine
whether the Department of State has fully complied with the
requirements of such section, as well as its own internal
procedures (and whether such procedures are adequate), for
reporting to Congress any information regarding the unlawful
use or transfer of United States-origin defense articles,
defense services, and technology by foreign countries, as
required by such section.
(b) Report.--The Inspector General of the Department of
State shall submit to the Committee on Foreign Affairs of the
House of Representatives and the Committee on Foreign
Relations of the Senate for each of fiscal years 2010 through
2014 a report that contains the findings and results of the
review conducted under subsection (a). The report shall be
submitted in unclassified form to the maximum extent
possible, but may include a classified annex.

SEC. 828. REPORT ON SELF-FINANCING OPTIONS FOR EXPORT
LICENSING FUNCTIONS OF DDTC OF THE DEPARTMENT
OF STATE.

Not later than 90 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on possible
mechanisms to place the export licensing functions of the
Directorate of Defense Trade Controls of the Department of
State on a 100 percent self-financing basis.

SEC. 829. CLARIFICATION OF CERTIFICATION REQUIREMENT RELATING
TO ISRAEL'S QUALITATIVE MILITARY EDGE.

Section 36(h)(1) of the Arms Export Control Act (22 U.S.C.
2776(h)(1)) is amended by striking ``a determination'' and
inserting ``an unclassified determination''.

SEC. 830. EXPEDITING CONGRESSIONAL DEFENSE EXPORT REVIEW
PERIOD FOR ISRAEL.

The Arms Export Control Act (22 U.S.C. 2751 et seq.) is
amended--
(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5),
21(e)(2)(A), 36(b)(3) (as redesignated by section
822(a)(1)(B) of this Act), 36(c)(2)(A), 36(d)(2)(A),
62(c)(1), and 63(a)(2) by inserting ``Israel,'' before ``or
New Zealand''; and
(2) in section 3(b)(2), by inserting ``the Government of
Israel,'' before ``or the Government of New Zealand''.

SEC. 831. UPDATING AND CONFORMING PENALTIES FOR VIOLATIONS OF
SECTIONS 38 AND 39 OF THE ARMS EXPORT CONTROL
ACT.

(a) In General.--Section 38(c) of the Arms Export Control
Act (22 U.S.C. 2778(c) is amended to read as follows:
``(c) Violations of This Section and Section 39.--
``(1) Unlawful acts.--It shall be unlawful for any person
to violate, attempt to violate, conspire to violate, or cause
a violation of any provision of this section or section 39,
or any rule or regulation issued under either section, or
who, in a registration or license application or required
report, makes any untrue statement of a material fact or
omits to state a material fact required to be stated therein
or necessary to make the statements therein not misleading.
``(2) Criminal penalties.--A person who willfully commits
an unlawful act described in paragraph (1) shall upon
conviction--
``(A) be fined for each violation in an amount not to
exceed $1,000,000, or
``(B) in the case of a natural person, be imprisoned for
each violation for not more than 20 years,

or both.''.
(b) Mechanisms to Identify Violators.--Section 38(g) of the
Arms Export Control Act (22 U.S.C. 2778(g)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A)--
(i) in the matter preceding clause (i), by inserting ``or
otherwise charged'' after ``indictment'';
(ii) in clause (xi), by striking ``or'' at the end; and
(iii) by adding at the end the following:
``(xiii) section 542 of title 18, United States Code,
relating to entry of goods by means of false statements;
``(xiv) section 554 of title 18, United States Code,
relating to smuggling goods from the United States; or
``(xv) section 1831 of title 18, United States Code,
relating to economic espionage.''; and
(B) in subparagraph (B), by inserting ``or otherwise
charged'' after ``indictment''; and
(2) in paragraph (3)(A), by inserting ``or otherwise
charged'' after ``indictment''.
(c) Effective Date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply with respect to violations of sections 38 and
39 of the Arms Export Control Act committed on or after that
date.

Subtitle C--Miscellaneous Provisions

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

(a) Authority.--The Secretary of State is authorized to
conduct a program to respond to contingencies in foreign
countries or regions by providing training, procurement, and
capacity-building of a foreign country's national military
forces and dedicated counterterrorism forces in order for
that country to--
(1) conduct counterterrorist operations; or
(2) participate in or support military and stability
operations in which the United States is a participant.
(b) Types of Capacity-Building.--The program authorized
under subsection (a) may include the provision of equipment,
supplies, and training.
(c) Limitations.--
(1) Assistance otherwise prohibited by law.--The Secretary
of State may not use the authority in subsection (a) to
provide any type of assistance described in subsection (b)
that is otherwise prohibited by any provision of law.
(2) Limitation on eligible countries.--The Secretary of
State may not use the authority in subsection (a) to provide
assistance described in subsection (b) to any foreign country
that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
(d) Formulation and Execution of Activities.--The Secretary
of State shall consult with the head of any other appropriate
department or agency in the formulation and execution of the
program authorized under subsection (a).
(e) Congressional Notification.--
(1) Activities in a country.--Not less than 15 days before
obligating funds for activities in any country under the
program authorized under subsection (a), the Secretary of
State shall submit to the congressional committees specified
in paragraph (2) a notice of the following:
(A) The country whose capacity to engage in activities in
subsection (a) will be assisted.
(B) The budget, implementation timeline with milestones,
and completion date for completing the activities.
(2) Specified congressional committees.--The congressional
committees specified in this paragraph are the following:
(A) The Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives.
(B) The Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(f) Authorization of Appropriations.--
(1) In general.--There is authorized to be appropriated to
the Secretary of State $25,000,000 for each of the fiscal
years 2010 and 2011 to conduct the program authorized by
subsection (a).
(2) Use of fmf funds.--The Secretary of State may use up to
$25,000,000 of funds available under the Foreign Military
Financing program for each of the fiscal years 2010 and 2011
to conduct the program authorized under subsection (a).
(3) Availability and reference.--Amounts made available to
conduct the program authorized under subsection (a)--
(A) are authorized to remain available until expended; and
(B) may be referred to as the ``Security Assistance
Contingency Fund''.

SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND.

(a) In General.--Section 51(a) of the Arms Export Control
Act (22 U.S.C. 2795(a)) is amended--
(1) in paragraph (1), by striking ``Special Defense
Acquisition Fund'' and inserting ``Foreign Military Sales
Stockpile Fund''; and
(2) in paragraph (4), by inserting ``building the capacity
of recipient countries and'' before ``narcotics control
purposes''.
(b) Contents of Fund.--Section 51(b) of the Arms Export
Control Act (22 U.S.C. 2795(b)) is amended--

[[Page H6468]]

(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by inserting ``and'' at the end; and
(3) by inserting after paragraph (3) the following:
``(4) collections from leases made pursuant to section 61
of this Act,''.
(c) Conforming Amendments.--(1) The heading of section 51
of the Arms Export Control Act is amended by striking
``Special Defense Acquisition Fund'' and inserting ``Foreign
Military Sales Stockpile Fund''.
(2) The heading of chapter 5 of the Arms Export Control Act
is amended by striking ``SPECIAL DEFENSE ACQUISITION FUND''
and inserting ``FOREIGN MILITARY SALES STOCKPILE FUND''.

SEC. 843. ANNUAL ESTIMATE AND JUSTIFICATION FOR FOREIGN
MILITARY SALES PROGRAM.

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

SEC. 844. SENSE OF CONGRESS ON THE GLOBAL ARMS TRADE.

It is the sense of Congress that--
(1) the United States, as the world's largest exporter of
conventional weapons, has a special obligation to promote
responsible practices in the global arms trade and should
actively work to prevent conventional weapons from being used
to perpetrate--
(A) breaches of the United Nations Charter relating to the
use of force;
(B) gross violations of international human rights;
(C) serious violations of international humanitarian law;
(D) acts of genocide or crimes against humanity;
(E) acts of terrorism; and
(F) destabilizing buildups of military forces and weapons;
and
(2) the United States should actively engage in the
development of a legally binding treaty establishing common
international standards for the import, export, and transfer
of conventional weapons.

SEC. 845. REPORT ON UNITED STATES' COMMITMENTS TO THE
SECURITY OF ISRAEL.

(a) Initial Report.--Not later than 30 days after the date
of the enactment of this Act, the President shall transmit to
the appropriate congressional committees a report that
contains--
(1) a complete, unedited, and unredacted copy of each
assurance made by United States Government officials to
officials of the Government of Israel regarding Israel's
security and maintenance of Israel's qualitative military
edge, as well as any other assurance regarding Israel's
security and maintenance of Israel's qualitative military
edge provided in conjunction with exports under the Arms
Export Control Act (22 U.S.C. 2751 et seq.), for the period
beginning on January 1, 1975, and ending on the date of the
enactment of this Act; and
(2) an analysis of the extent to which, and by what means,
each such assurance has been and is continuing to be
fulfilled.
(b) Subsequent Reports.--
(1) New assurances and revisions.--The President shall
transmit to the appropriate congressional committees a report
that contains the information required under subsection (a)
with respect to--
(A) each assurance described in subsection (a) made on or
after the date of the enactment of this Act, or
(B) revisions to any assurance described in subsection (a)
or subparagraph (A) of this paragraph,

within 15 days of the new assurance or revision being
conveyed.
(2) 5-year reports.--Not later than 5 years after the date
of the enactment of this Act, and every 5 years thereafter,
the President shall transmit to the appropriate congressional
committees a report that contains the information required
under subsection (a) with respect to each assurance described
in subsection (a) or paragraph (1)(A) of this subsection and
revisions to any assurance described in subsection (a) or
paragraph (1)(A) of this subsection during the preceding 5-
year period.
(c) Form.--Each report required by this section shall be
transmitted in unclassified form, but may contain a
classified annex, if necessary.

SEC. 846. WAR RESERVES STOCKPILE.

(a) Department of Defense Appropriations Act, 2005.--
Section 12001(d) of the Department of Defense Appropriations
Act, 2005 (Public Law 108-287; 118 Stat. 1011), is amended by
striking ``4'' and inserting ``7''.
(b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A)
of the Foreign Assistance Act of 1961 (22 U.S.C.
2321h(b)(2)(A)) is amended by striking ``fiscal years 2007
and 2008'' and inserting ``fiscal years 2010 and 2011''.

SEC. 847. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH
EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES.

Section 516(e) of the Foreign Assistance Act of 1961 (22
U.S.C. 2321j(e)) is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)'';
(2) in paragraph (2), in the heading by striking
``Exception'' and inserting ``General Exception''; and
(3) by adding at the end the following new paragraph:
``(3) Exception for specific countries.--For fiscal years
2010 and 2011, the President may provide for the crating,
packing, handling, and transportation of excess defense
articles transferred under the authority of this section to
Albania, Afghanistan, Bulgaria, Croatia, Estonia, Macedonia,
Georgia, India, Iraq, Israel, Kazakhstan, Kyrgyzstan, Latvia,
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia,
Tajikistan, Turkmenistan, and Ukraine.''.

SEC. 848. SUPPORT TO ISRAEL FOR MISSILE DEFENSE.

(a) Authorization of Assistance.--Of the amounts authorized
to be appropriated to carry out this Act, there are
authorized to be appropriated such sums as may be necessary
for co-development of joint ballistic missile, medium and
short-range projectile defense projects with Israel,
including--
(1) complete accelerated co-production of Arrow missiles;
(2) system development of the Israel Missile Defense
Organization program to develop a short-range ballistic
missile defense capability, David's Sling weapon system, and
integrate the weapon system with the ballistic missile
defense system and force protection efforts of the United
States; and
(3) research, development, and test and evaluation of the
Iron Dome short-range projectile defense system.
(b) Report and Strategy.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter in
connection with the submission of congressional presentation
materials for the foreign operations appropriations and
defense appropriations budget request, the Secretary of
State, in consultation with the Secretary of Defense, shall
submit to the appropriate congressional committees a report
regarding the activities authorized under subsection (a)(1).
(2) Classified annex.--The report required under paragraph
(1) shall be submitted in unclassified form to the maximum
extent practicable, but may include a classified annex, if
necessary.
(3) Definition of appropriate congressional committees.--In
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Armed Services in the Senate.

TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

Subtitle A--General Provisions

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

(a) Declaration of Policy.--Congress declares that the
Merida Initiative is a Department of State-led initiative
which combines the programs of numerous United States
Government departments and agencies and therefore requires a
single individual to coordinate and track all Merida
Initiative-related efforts government-wide to avoid
duplication, coordinate messaging, and facilitate
accountability to and communication with Congress.
(b) Designation of High-Level Coordinator.--
(1) In general.--The President shall designate, within the
Department of State, a Coordinator of United States
Government Activities to Implement the Merida Initiative
(hereafter in this section referred to as the
``Coordinator'') who shall be responsible for--
(A) designing and shaping an overall strategy for the
Merida Initiative;
(B) ensuring program and policy coordination among United
States Government departments and agencies in carrying out
the Merida Initiative, including avoiding duplication among
programs and ensuring that a consistent message emanates from
the United States Government;
(C) ensuring that efforts of the United States Government
are in full consonance with the efforts of the countries
within the Merida Initiative;
(D) tracking, in coordination with the relevant officials
of the Department of Defense and other departments and
agencies, United States assistance programs that fulfill the
goals of the Merida Initiative or are closely related to the
goals of the Merida Initiative;
(E) to the extent possible, tracking information required
under the second section 620J of the Foreign Assistance Act
of 1961 (22 U.S.C. 2378d) (as added by section 651 of
division J of Public Law 110-161) with respect to countries
participating in the Merida Initiative; and
(F) consulting with the Attorney General and the Secretary
of Homeland Security with respect to the activities of
Federal, State, and local law enforcement authorities in the
United States relating to the goals of the Merida Initiative,
particularly along the United States-Mexico border.
(2) Rank and status of the coordinator.--The Coordinator
should have the rank and status of ambassador.
(3) Countries within the merida initiative defined.--The
term ``countries within the Merida Initiative'' means Belize,
Costa Rica, El Salvador, Guatemala, Honduras, Mexico,
Nicaragua, and Panama and includes Haiti and the Dominican
Republic.

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

(a) Findings.--Congress finds the following:
(1) The illicit drug trade--which has taken a toll on the
small countries of the Caribbean Community (CARICOM) for many
years--is now moving even more aggressively into these
countries.
(2) A March 2007 joint report by the United Nations Office
on Drugs and Crime (UNODC) and the World Bank noted that
murder rates in the Caribbean--at 30 per 100,000 population
annually--are higher than for any other region of the world
and have risen in recent years for many of the region's
countries. The report also argues that the strongest
explanation for the high crime and violence rates in the
Caribbean and their rise in recent years is drug trafficking.

[[Page H6469]]

(3) If the United States does not move quickly to provide
Merida Initiative assistance to the CARICOM countries, the
positive results of the Merida Initiative in Mexico and
Central America will move the drug trade deeper into the
Caribbean and multiply the already alarming rates of
violence.
(b) Consultations.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of State is
authorized to consult with the countries of the Caribbean
Community (CARICOM) in preparation for their inclusion into
the Merida Initiative.
(c) Incorporation of CARICOM Countries Into the Merida
Initiative.--The President is authorized to incorporate the
CARICOM countries into the Merida Initiative.

SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUATION
MECHANISM.

(a) Definitions.--In this section:
(1) Impact evaluation research.--The term ``impact
evaluation research'' means the application of research
methods and statistical analysis to measure the extent to
which change in a population-based outcome can be attributed
to program intervention instead of other environmental
factors.
(2) Operations research.--The term ``operations research''
means the application of social science research methods,
statistical analysis, and other appropriate scientific
methods to judge, compare, and improve policies and program
outcomes, from the earliest stages of defining and designing
programs through their development and implementation, with
the objective of the rapid dissemination of conclusions and
concrete impact on programming.
(3) Program monitoring.--The term ``program monitoring''
means the collection, analysis, and use of routine program
data to determine how well a program is carried out and how
much the program costs.
(b) Sense of Congress.--It is the sense of Congress that--
(1) to successfully support building the capacity of
recipient countries' civilian security institutions, enhance
the rule of law in recipient countries, and ensure the
protection of human rights, the President should establish a
program to conduct impact evaluation research, operations
research, and program monitoring to ensure effectiveness of
assistance provided under the Merida Initiative;
(2) long-term solutions to the security problems of Merida
recipient countries depend on increasing the effectiveness
and responsiveness of their civilian institutions, including
their judicial system;
(3) a specific program of impact evaluation research,
operations research, and program monitoring, established at
the inception of the program, is required to permit
assessment of the operational effectiveness of the impact of
United States assistance towards these goals; and
(4) the President, in developing performance measurement
methods under the impact evaluation research, operations
research, and program monitoring, should consult with the
appropriate congressional committees as well as the
governments of Merida recipient countries.
(c) Impact Evaluation Research, Operation Research, and
Program Monitoring of Assistance.--The President shall
establish and implement a program to assess the effectiveness
of assistance provided under the Merida Initiative through
impact evaluation research on a selected set of programmatic
interventions, operations research in areas to ensure
efficiency and effectiveness of program implementation, and
monitoring to ensure timely and transparent delivery of
assistance.
(d) Requirements.--The program required under subsection
(c) shall include--
(1) a delineation of key impact evaluation research and
operations research questions for main components of
assistance provided under the Merida Initiative;
(2) an identification of measurable performance goals for
each of the main components of assistance provided under the
Merida Initiative, to be expressed in an objective and
quantifiable form at the inception of the program;
(3) the use of appropriate methods, based on rigorous
social science tools, to measure program impact and
operational efficiency; and
(4) adherence to a high standard of evidence in developing
recommendations for adjustments to such assistance to enhance
the impact of such assistance.
(e) Consultation With Congress.--Not later than 60 days
after the date of the enactment of this Act, the President
shall brief and consult with the appropriate congressional
committees regarding the progress in establishing and
implementing the program required under subsection (c).
(f) Authorization of Appropriations.--Of the amounts
authorized to be appropriated for the Merida Initiative, up
to five percent of such amounts is authorized to be
appropriated to carry out this section.
(g) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section and not later than December 1
of each year thereafter, the President shall transmit to the
appropriate congressional committees a report regarding
programs and activities carried out under the Merida
Initiative during the preceding fiscal year.
(2) Matters to be included.--The reports required under
subsection (g) shall include the following:
(A) Findings.--Findings related to the impact evaluation
research, operation research, and program monitoring of
assistance program established under subsection (c).
(B) Coordination.--Efforts of the United States Government
to coordinate its activities, including--
(i) a description of all counternarcotics and organized
crime assistance provided to Merida Initiative recipient
countries in the previous fiscal year;
(ii) an assessment of how such assistance was coordinated;
and
(iii) recommendations for improving coordination.
(C) Transfer of equipment.--A description of the transfer
of equipment, including--
(i) a description of the progress of each recipient country
toward the transfer of equipment, if any, from its armed
forces to law enforcement agencies;
(ii) a list of agencies that have used air assets provided
by the United States under the Merida Initiative to the
government of each recipient country, and, to the extent
possible, a detailed description of those agencies that have
utilized such air assets, such as by a percentage breakdown
of use by each agency; and
(iii) a description of training of law enforcement agencies
to operate equipment, including air assets.
(D) Human rights.--In accordance with sections 116(d) and
502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151n(d) and 2304(b)) and section 504 of the Trade Act of
1974 (19 U.S.C. 2464), an assessment of the human rights
impact of the equipment and training provided under the
Merida Initiative, including--
(i) a list of accusations of serious human rights abuses
committed by the armed forces and law enforcement agencies of
recipient countries on or after the date of the enactment of
this Act; and
(ii) a description of efforts by the governments of Merida
recipient countries to investigate and prosecute allegations
of abuses of human rights committed by any agency of such
recipient countries.
(E) Effectiveness of equipment.--An assessment of the long-
term effectiveness of the equipment and maintenance packages
and training provided to each recipient country's security
institutions.
(F) Mexico public security strategy.--A description of
Mexico's development of a public security strategy,
including--
(i) effectiveness of the Mexican Federal Registry of Police
Personnel to vet police recruiting at the National, state,
and municipal levels to prevent rehiring from one force to
the next after dismissal for corruption and other reasons;
and
(ii) an assessment of how the Merida Initiative complements
and supports the Mexican Government's own public security
strategy.
(G) Flow of illegal arms.--A description and assessment of
efforts to reduce the southbound flow of illegal arms.
(H) Use of contractors.--A detailed description of
contracts awarded to private companies to carry out
provisions of the Merida Initiative, including--
(i) a description of the number of United States and
foreign national civilian contractors awarded contracts;
(ii) a list of the total dollar value of the contracts; and
(iii) the purposes of the contracts.
(I) Phase out of law enforcement activities.--A description
of the progress of phasing out law enforcement activities of
the armed forces of each recipient country.
(J) Impact on border violence and security.--A description
of the impact that activities authorized under the Merida
Initiative have had on violence against United States and
Mexican border personnel and the extent to which these
activities have increased the protection and security of the
United States-Mexico border.

SEC. 904. MERIDA INITIATIVE DEFINED.

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

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

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

(a) Establishment.--The President shall establish an inter-
agency task force to be known as the ``Task Force on the
Prevention of Illicit Small Arms Trafficking in the Western
Hemisphere'' (in this section referred to as the ``Task
Force'').
(b) Duties.--The Task Force shall develop a strategy for
the Federal Government to improve United States export
controls on the illicit export of small arms and light
weapons throughout the Western Hemisphere, including Mexico,
Central America, the Caribbean, and South America. The Task
Force shall--
(1) conduct a thorough review and analysis of the current
regulation of exports of small arms and light weapons; and
(2) develop integrated Federal policies to better control
exports of small arms and light weapons in a manner that
furthers the foreign policy and national security interests
of the United States within the Western Hemisphere.
(c) Membership.--The Task Force shall be composed of--
(1) the Secretary of State;
(2) the Attorney General;
(3) the Secretary of Homeland Security; and
(4) the heads of other Federal departments and agencies as
appropriate.
(d) Chairperson.--The Secretary of State shall serve as the
chairperson of the Task Force.
(e) Meetings.--The Task Force shall meet at the call of the
chairperson or a majority of its members.
(f) Annual Reports.--Not later than one year after the date
of the enactment of this Act and annually thereafter until
October 31, 2014, the chairperson of the Task Force shall
submit to Congress and make available to the public a report
that contains--
(1) a description of the activities of the Task Force
during the preceding year; and
(2) the findings, strategies, recommendations, policies,
and initiatives developed pursuant to

[[Page H6470]]

the duties of the Task Force under subsection (b) during the
preceding year.

SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAFFICKING IN
SMALL ARMS AND LIGHT WEAPONS TO COUNTRIES IN
THE WESTERN HEMISPHERE.

(a) In General.--Notwithstanding section 38(c) of the Arms
Export Control Act (22 U.S.C. 2778(c)), any person who
willfully exports to a country in the Western Hemisphere any
small arm or light weapon without a license in violation of
the requirements of section 38 of such Act shall upon
conviction be fined for each violation not less than
$1,000,000 but not more than $3,000,000 and imprisoned for
not more than twenty years, or both.
(b) Definition.--In this section, the term ``small arm or
light weapon'' means any item listed in Category I(a),
Category III (as it applies to Category I(a)), or grenades
under Category IV(a) of the United States Munitions List (as
contained in part 121 of title 22, Code of Federal
Regulations (or successor regulations)) that requires a
license for international export under this section.

SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM.

Section 36(b) of the State Department Basic Authorities Act
of 1956 (22 U.S.C. 2708(b)) is amended--
(1) by redesignating paragraphs (4) through (7) as
paragraphs (5) through (8), respectively;
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) the arrest or conviction in any country of any
individual for illegally exporting or attempting to export to
Mexico any small arm or light weapon (as defined in section
912(b) of the Foreign Relations Authorization Act, Fiscal
Years 2010 and 2011);''; and
(3) in paragraphs (5) and (6) (as redesignated), by
striking ``paragraph (1), (2), or (3)'' each place it appears
and inserting ``paragraph (1), (2), (3), or (4)''.

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

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

TITLE X--REPORTING REQUIREMENTS

SEC. 1001. ASSESSMENT OF SPECIAL COURT FOR SIERRA LEONE.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees an assessment on the
continuing needs of the Special Court for Sierra Leone,
including an assessment of the following activities of the
Special Court:
(1) Witness protection.
(2) Archival activities, including recordkeeping associated
with future legal work by the Special Court.
(3) The residual registrar's capacity for enforcing Special
Court sentences and maintaining relations with countries
hosting imprisoned convicts of the Special Court, legal
decisionmaking regarding future appeals, conditions of
prisoner treatment, contempt proceedings, and financial
matters relating to such activities.
(4) Transfer or maintenance of Special Court records to a
permanent recordkeeping authority in Sierra Leone.
(5) Ongoing needs or programs for community outreach, for
the purpose of reconciliation and healing, regarding the
Special Court's legal proceedings and decisions.
(6) Plans for the Special Court's facilities in Sierra
Leone and plans to use the Special Court, and expertise of
its personnel, for further development of the legal
profession and an independent and effective judiciary in
Sierra Leone.
(7) Unresolved cases, or cases that were not prosecuted.

SEC. 1002. REPORT ON UNITED STATES CAPACITIES TO PREVENT
GENOCIDE AND MASS ATROCITIES.

(a) Findings.--Congress finds the following:
(1) The lack of an effective government-wide strategy and
adequate capacities for preventing genocide and mass
atrocities against civilians undermines the ability of the
United States to contribute to the maintenance of global
peace and security and protect vital United States interests.
(2) The December 2008 Report of the Genocide Prevention
Task Force, co-chaired by former Secretary of State Madeleine
Albright and former Secretary of Defense William Cohen offers
a valuable blueprint for strengthening United States
capacities to help prevent genocide and mass atrocities.
(3) Specific training and staffing will enhance the
diplomatic capacities of the Department of State to help
prevent and respond to threats of genocide and mass
atrocities.
(b) Report.--
(1) Report required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of State
shall submit to the appropriate congressional committees a
report outlining specific plans for the development of a
government-wide strategy and the strengthening of United
States civilian capacities for preventing genocide and mass
atrocities against civilians.
(2) Content.--The report required under paragraph (1) shall
include the following:
(A) An evaluation of current mechanisms for government-wide
early warning, information-sharing, contingency planning, and
coordination of effort to prevent and respond to situations
of genocide, mass atrocities, and other mass violence.
(B) An assessment of current capacities within the
Department of State, including specific staffing and
training, for early warning, preventive diplomacy, and crisis
response to help avert genocide and mass atrocities.
(C) An evaluation of United States foreign assistance
programs and mechanisms directed toward the prevention of
genocide and mass atrocities, including costs, challenges to
implementation, and successes of such programs and
mechanisms.
(D) An assessment of the feasibility, effectiveness, and
potential costs of implementing key recommendations made by
the Genocide Prevention Task Force, including the
establishment of an Atrocities Prevention Committee within
the National Security Council and increased annual and
contingency funding for the prevention of genocide and mass
atrocities.
(E) Recommendations to further strengthen United States
capacities to help prevent genocide, mass atrocities, and
other mass violence, including enhanced early warning
mechanisms, strengthened diplomatic capacities of the
Department of State, and improved use of United States
foreign assistance.

SEC. 1003. REPORTS RELATING TO PROGRAMS TO ENCOURAGE GOOD
GOVERNANCE.

(a) In General.--Subparagraph (C) of section 133(d)(2) of
the Foreign Assistance Act of 1961 (22 U.S.C. 2152c(d)(2)) is
amended by inserting before the period at the end the
following: ``, including, with respect to a country that
produces or exports large amounts of natural resources such
as petroleum or natural resources, the degree to which
citizens of the country have access to information about
government revenue from the extraction of such resources and
credible reports of human rights abuses against individuals
from civil society or the media seeking to monitor such
extraction''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to reports required to be
transmitted under section 133(d)(2) of the Foreign Assistance
Act of 1961, as so amended, on or after the date of the
enactment of this Act.

SEC. 1004. REPORTS ON HONG KONG.

Section 301 of the United States-Hong Kong Policy Act of
1992 (Public Law 102-383; 22 U.S.C. 5731) is amended, in the
matter preceding paragraph (1), by striking ``and March 31,
2006'' and inserting ``March 31, 2006, and March 31, 2010,
and March 31 of every subsequent year through 2020,''.

SEC. 1005. DEMOCRACY IN GEORGIA.

(a) Sense of Congress.--It is the sense of Congress that
the development and consolidation of effective democratic
governance in Georgia, including free and fair electoral
processes, respect for human rights and the rule of law, an
independent media, an independent judiciary, a vibrant civil
society, as well as transparency and accountability of the
executive branch and legislative process, is critically
important to Georgia's integration into Euro-Atlantic
institutions, stability in the Caucasus region, and United
States national security.
(b) Report on Democracy in Georgia.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and not later than December 31 of
each of the two fiscal years thereafter, the Secretary of
State shall submit to the appropriate congressional
committees a report on the programs, projects, and activities
carried out in Georgia with United States foreign assistance
following the August 2008 conflict with Russia.
(2) Contents.--The report required under paragraph (1)
shall include information concerning the following:
(A) The amount of United States assistance obligated and
expended for reconstruction activities for the prior fiscal
year.
(B) A description of the programs funded by such
assistance, including humanitarian aid, reconstruction of
critical infrastructure, economic development, political and
democratic development, and broadcasting.
(C) An evaluation of the impact of such programs, including
their contribution to the consolidation of democracy in
Georgia and efforts by the Government of Georgia to improve
democratic governance.
(D) An analysis of the implementation of the United States-
Georgia Charter on Strategic Partnership.

SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL.

(a) Sense of Congress.--It is the sense of Congress that
the United States should assist Israel in its efforts to
establish diplomatic relations.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter, the Secretary
of State shall submit to the appropriate congressional
committees a report that includes the following information:
(1) Actions taken by representatives of the United States
to encourage other countries to establish full diplomatic
relations with Israel.
(2) Specific responses solicited and received by the
Secretary from countries that do not maintain full diplomatic
relations with Israel with respect to their attitudes toward
and plans for entering into diplomatic relations with Israel.
(3) Other measures being undertaken, and measures that will
be undertaken, by the United States to ensure and promote
Israel's full participation in the world diplomatic
community.
(c) Form of Submission.--The report required under
subsection (b) may be submitted in classified or unclassified
form, as the Secretary determines appropriate.

SEC. 1007. POLICE TRAINING REPORT.

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

[[Page H6471]]

(1) The coordination, communication, program management,
and policy implementation among the United States civilian
police training programs in countries or regions that are at
risk of, in, or are in transition from, conflict or civil
strife.
(2) The number of private contractors conducting such
training, and the quality and cost of such private
contractors.
(3) An assessment of pre-training procedures for
verification of police candidates to adequately assess their
aptitude, professional skills, integrity, and other
qualifications that are essential to law enforcement work.
(4) An analysis of the practice of using existing Federal
police entities to provide civilian police training in
countries or regions that are at risk of, in, or are in
transition from, conflict or civil strife, along with the
subject matter expertise that each such entity may provide to
meet local needs in lieu of the use of private contractors.
(5) Provide recommendations, including recommendations
related to required resources and actions, to maximize the
effectiveness and interagency coordination and the adequate
provision of civilian police training programs in countries
or regions that are at risk of, in, or are in transition
from, conflict or civil strife.

SEC. 1008. REPORTS ON HUMANITARIAN ASSISTANCE IN GAZA.

(a) In General.--Not later than 180 days after the date of
the enactment of this Act and one year thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report detailing the humanitarian
conditions and efficacy and obstacles to humanitarian and
reconstruction assistance activities in Gaza.
(b) Contents.--The reports required under subsection (a)
shall include the following:
(1) An assessment of the level of access to basic
necessities in Gaza, including food, fuel, water, sanitation,
education, and healthcare.
(2) An assessment of the ability to successfully deliver
and distribute humanitarian and reconstruction goods and
supplies.
(3) A description of the efforts of the United States and
its allies to facilitate the receipt and distribution of
humanitarian and reconstruction assistance in Gaza.
(4) An assessment of the obstacles to the delivery of
humanitarian and reconstruction assistance, including the
activities and policies of Hamas and any organization
designated as a foreign terrorist organization under section
219 of the Immigration and Nationality Act.
(5) Recommendations for actions the United States can take
to best improve the level of access to basic necessities
referred to in paragraph (1) and overcome obstacles described
in paragraphs (2) through (4).
(6) An assessment of the policy prohibiting personnel of
the Department of State and the United States Agency for
International Development from traveling to Gaza following
the tragic roadside bombing in 2003. Such an assessment
should consider and evaluate the prospects that such
personnel might resume humanitarian assistance operations or
commence monitoring functions relating to humanitarian aid
distribution in Gaza in order to ascertain that United States
foreign assistance is not misused in ways that benefit any
organization designated as a foreign terrorist organization
under section 219 of the Immigration and Nationality Act (8
U.S.C. 1189).

SEC. 1009. REPORT ON ACTIVITIES IN HAITI.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of State shall submit to the
appropriate congressional committees a report on the
following:
(1) Hurricane emergency recovery.--The status of activities
in Haiti funded or authorized, in whole or in part, by the
Department of State and the United States Agency for
International Development (USAID) through assistance
appropriated under the Consolidated Security, Disaster
Assistance, and Continuing Appropriations Act, 2009.
(2) General activities.--A summary of activities funded or
authorized, in whole or in part, by the Department of State
and USAID in the previous 12-month period, how such
activities supplement the work of the Government of Haiti to
provide a safe and prosperous democracy for its citizens, and
a timetable for when management and implementation of such
activities will be turned over to the Government of Haiti or
Haitian nationals.
(3) Coordination.--A description of how United States
assistance is coordinated--
(A) among United States departments and agencies; and
(B) with other donors to Haiti, including programs through
the United Nations, the Inter-American Development Bank, and
the Organization of American States.
(4) Benchmarks.--A summary of short-term and long-term
objectives for United States assistance to Haiti and metrics
that will be used to identify, track, and manage the progress
of United States activities in Haiti.

SEC. 1010. REPORT ON RELIGIOUS MINORITY COMMUNITIES IN THE
MIDDLE EAST.

(a) Initiative Authorized.--The Secretary of State is
authorized to undertake a focused initiative to monitor the
status of and provide specific policy recommendations to
protect vulnerable religious minorities throughout the Middle
East region.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, and one year thereafter, the Secretary
of State shall submit to the appropriate congressional
committees a report on the humanitarian conditions of
religious minority communities in the Middle East and
efficacy and obstacles to humanitarian assistance activities
to help meet the basic needs of vulnerable persons affiliated
with minority religions in the Middle East, and
recommendations to mitigate adverse humanitarian
circumstances facing such persons.

SEC. 1011. IRAN'S INFLUENCE IN THE WESTERN HEMISPHERE.

(a) Findings.--Congress finds the following:
(1) The 2008 Country Report on Terrorism states that ``Iran
and Venezuela continued weekly flights connecting Tehran and
Damascus with Caracas. Passengers on these flights were
reportedly subject to only cursory immigration and customs
controls at Simon Bolivar International Airport in
Caracas.''.
(2) The Governments of Venezuela and Iran have forged a
close relationship.
(3) Iran has sought to strengthen ties with several
countries in the Western Hemisphere in order to undermine
United States foreign policy.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report that
includes actions taken by the Government of Iran and
Hezbollah in the Western Hemisphere. A classified annex may
be included, if necessary.

TITLE XI--MISCELLANEOUS PROVISIONS

Subtitle A--General Provisions

SEC. 1101. BILATERAL COMMISSION WITH NIGERIA.

(a) Sense of Congress.--It is the sense of Congress that
not later than 180 days after the date of the enactment of
this Act, the President should establish a bilateral
commission between the United States and Nigeria to support
bilateral cooperation in the areas of--
(1) trade and development;
(2) economic integration;
(3) infrastructure planning, finance, development, and
management;
(4) budget reform and public finance management;
(5) higher education, including applied research;
(6) energy;
(7) peace and security reform;
(8) rule of law;
(9) anti-corruption efforts, establishment of greater
transparency, and electoral reform; and
(10) monitoring whether bilateral efforts undertaken
between respective Federal, State, and local governments are
achieving the goals set forth by the Governments of the
United States and Nigeria.
(b) Bilateral Commission.--
(1) Composition.--If the President establishes the
bilateral commission referred to in subsection (a), the
commission should have an equal number of members
representing the United States and Nigeria and appointed by
the respective Presidents of each country. Members should
include representatives of Federal, State, and local
governments, the private sector, and civil society
organizations.
(2) Functions.--The commission should--
(A) work to establish a bilateral process that establishes
the mission, goals, and objectives of a bilateral partnership
and establish guidelines for accountability and rules to
measure the effectiveness for any initiatives undertaken;
(B) monitor bilateral technical assistance and capacity
building projects that are consistent with and further the
mission, goals, and objectives established by the commission;
and
(C) submit to the United States President, the United
States Congress, the Nigerian President, and the Nigerian
National Assembly a report on the amount of progress achieved
on projects undertaken by the two governments to achieve
bilaterally determined goals established by the commission.
(3) Monitoring of projects.--The commission should select
and monitor specific projects that involve an exchange of
personnel between the Governments of the United States and
Nigeria to determine whether technical assistance and
capacity building are being used effectively and whether
mutual benefit is being gained through the implementation of
such bilateral projects.
(4) Review and report.--The Secretary of State should
review the work of the commission and annually submit to the
President and Congress a report on whether progress has been
made to meet the goals set forth by the commission and
whether bilateral efforts have served the interest of United
States and Nigerian bilateral relations.
(5) United states contributions.--United States
contributions to support the Commission should be financed
through existing resources.

SEC. 1102. AUTHORITIES RELATING TO THE SOUTHERN AFRICA
ENTERPRISE DEVELOPMENT FUND.

(a) Use of Private Venture Capital.--
(1) In general.--In order to maximize the effectiveness of
the activities of the Southern Africa Enterprise Development
Fund, the Fund may conduct public offerings or private
placements for the purpose of soliciting and accepting
private venture capital which may be used, separately or
together with funds made available from the United States
Government, for any lawful investment purpose that the Board
of Directors of the Fund may determine in carrying out the
activities of the Fund.
(2) Distribution of financial returns.--Financial returns
on Fund investments that include a component of private
venture capital may be distributed, at such times and in such
amounts as the Board of Directors of the Fund may determine,
to the investors of such capital.
(b) Nonapplicability of Other Laws.--
(1) In general.--Funds made available from the United
States Government to the Fund may be used for the purposes of
the agreement between the United States Government and the
Fund notwithstanding any other provision of law.
(2) Support from federal departments and agencies.--The
heads of Federal departments and agencies may conduct
programs and activities and provide services in support of
the activities of the Fund notwithstanding any other
provision of law.

[[Page H6472]]

(c) Definition.--In this section, the term ``Southern
Africa Enterprise Development Fund'' or ``Fund'' includes--
(1) any successor or related entity to the Southern Africa
Enterprise Development Fund that is approved the United
States Government; and
(2) any organization, corporation, limited-liability
partnership, foundation, or other corporate structure that
receives, or is authorized by the United States Government to
manage, any or all of the remaining funds or assets of the
Southern Africa Enterprise Development Fund.

SEC. 1103. DIABETES TREATMENT AND PREVENTION AND SAFE WATER
AND SANITATION FOR PACIFIC ISLAND COUNTRIES.

(a) In General.--There is authorized to be appropriated
$500,000 for each of fiscal years 2010 and 2011 to establish
a diabetes prevention and treatment program for Pacific
Island countries and for safe water and sanitation.
(b) Pacific Island Countries Defined.--In this section, the
term ``Pacific Island countries'' means Fiji, Kiribati, the
Marshall Islands, the Federated States of Micronesia, Nauru,
Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga,
Tuvalu, and Vanuatu.

SEC. 1104. STATELESSNESS.

(a) Purpose.--It is the purpose of this section to increase
global stability and security for the United States and the
international community and decrease trafficking and
discrimination by reducing the number of individuals who are
de jure or de facto stateless and as a consequence are unable
to avail themselves of their right to a nationality and its
concomitant rights and obligations and are excluded from full
participation in civil society.
(b) Findings.--Congress finds the following:
(1) The right to a nationality is a foundation of human
rights, and a deterrent to displacement and disaffection. The
State is the primary vehicle through which individuals are
guaranteed their inalienable rights and are made subject to
the rule of law. Regional stability and security are
undermined when individuals cannot avail themselves of their
right to a nationality and its concomitant rights and
obligations and are excluded from full participation in civil
society.
(2) The right to a nationality and citizenship is therefore
specifically protect in international declarations and
treaties, including Article 15 of the Universal Declaration
of Human Rights, the 1954 Convention Relating to the Status
of Stateless Persons, the 1961 Convention on the Reduction of
Statelessness, Article 24 of the International Covenant on
Civil and Political Rights, and Article 9(2) of the
Convention on the Elimination of Discrimination Against
Women.
(3) In the 21st century, the adverse effects of de jure or
de facto statelessness still impact at least an estimated
11,000,000 million people worldwide, who are unable to avail
themselves of the rights of free people everywhere to an
effective nationality, to the rights to legal residence, to
travel, to work in the formal economy or professions, to
attend school, to access basic health services, to purchase
or own property, to vote, or to hold elected office, and to
enjoy the protection and security of a country.
(c) The United Nations.--
(1) Policy.--It shall be the policy of the United States
that the President and the Permanent Representative of the
United States to the United Nations work with the
international community to increase political and financial
support for the work of the United Nations High Commissioner
for Refugees (UNHCR) to prevent and resolve problems related
to de jure and de facto statelessness, and to promote the
rights of the de jure or de facto stateless, by taking these
and other actions:
(A) Increasing the attention of the United Nations and the
UNHCR to de jure and de facto statelessness and increasing
its capacity to reduce statelessness around the world by
coordinating the mainstreaming of de jure and de facto
statelessness into all of the United Nations human rights
work, in cooperation with all relevant United Nations
agencies.
(B) Urging United Nations country teams in countries with
significant de jure or de facto stateless populations to
devote increasing attention and resources to undertake
coordinated efforts by all United Nations offices, funds, and
programs to bring about the full registration and
documentation of all persons resident in the territory of
each country, either as citizens or as individuals in need of
international protection.
(C) Urging the creation of an Inter-Agency Task Force on
Statelessness with representation from the UNHCR, the United
Nations Children's Fund (UNICEF), and other relevant United
Nations agencies that will coordinate to increase agency
awareness and information exchange on de jure and de facto
statelessness to ensure a consistent and comprehensive
approach to the identification of stateless groups and
individuals and resolution of their status.
(D) Urging that nationality and de jure and de facto
statelessness issues are addressed in all country reviews
conducted by United Nations treaty bodies and relevant
special mechanisms engaged in country visits, and pursuing
creation of a standing mechanism within the United Nations to
complement the work of the UNHCR in addressing issues of de
jure and de facto statelessness that give rise to urgent
human rights or security concerns.
(E) Urging the UNHCR to include nationality and
statelessness in all country-specific and thematic
monitoring, reporting, training, and protection activities,
and across special procedures, and to designate at least one
human rights officer to monitor, report, and coordinate the
office's advocacy on nationality and de jure and de facto
statelessness.
(F) Urging the United Nations to ensure that its work on
trafficking includes measures to restore secure citizenship
to trafficked women and girls, and to work with Member States
to guarantee that national legislation gives women full and
equal rights regarding citizenship.
(G) Urging the United Nations to increase its capacity to
respond to the needs of de jure or de facto stateless
individuals, particularly children, and to strengthen and
expand the United Nations protection and assistance
activities, particularly in field operations, to better
respond to the wide range of protection and assistance needs
of de jure or de facto stateless individuals.
(H) Urging the UNICEF to increase its efforts to encourage
all Member States of the United Nations to permit full and
easy access to birth registration for all children born in
their territories, particularly in Member States in which
there are displaced populations, and work with the UNHCR and
Member States to ensure the issuance of birth certificates to
all children born to refugees and displaced persons.
(2) Authorization of appropriations.--There is authorized
to be appropriated $5,000,000 for each of fiscal years 2010
and 2011 to be made available to improve the UNHCR's
assistance to de jure or de facto stateless individuals. Such
funds may be used to--
(A) protect the rights, meet emergency humanitarian needs,
and provide assistance to de jure or de facto stateless
groups and individuals;
(B) provide additional resources to--
(i) increase the number of protection officers;
(ii) increase the number of professional staff in the
statelessness unit; and
(iii) train protection officers and United Nations country
teams in the field to identify, reduce, protect, and prevent
de jure and de facto statelessness;
(C) improve identification of de jure or de facto stateless
groups and individuals by carrying out a comprehensive annual
study of the scope of de jure and de facto statelessness
worldwide, including causes of de jure and de facto
statelessness and dissemination of best practices for
remedying de jure and de facto statelessness; and
(D) increase the United Nations educational and technical
assistance programs to prevent de jure and de facto
statelessness, including outreach to Member States and their
legislatures, with particular emphasis on those countries
determined to have protracted de jure or de facto
statelessness situations.
(3) Authorization of appropriations to the unicef.--There
is authorized to be appropriated $3,000,000 for each of
fiscal years 2010 and 2011 to augment to the UNICEF's ability
to aid countries with significant de jure or de facto
stateless populations to bring about the full registration of
all children born to de jure or de facto stateless parents.
(d) The United States.--
(1) Foreign policy.--Given the importance of obtaining and
preserving nationality and the protection of a government,
and of preventing the exploitation or trafficking of de jure
or de facto stateless groups or individuals, the President
shall make the prevention and reduction of de jure or de
facto statelessness an important goal of United States
foreign policy and human rights efforts. Such efforts shall
include--
(A) calling upon host countries to protect and assume
responsibility for de jure or de facto stateless groups or
individuals;
(B) working with countries of origin to facilitate the
resolution of problems faced by de jure or de facto stateless
groups or individuals;
(C) working with countries of origin and host countries to
facilitate the resolution of disputes and conflicts that
cause or result in the creation of de jure or de facto
statelessness;
(D) encouraging host countries to afford de jure or de
facto stateless groups or individuals the full protection of
the 1954 Convention Relating to the Status of Stateless
Persons and the 1961 Convention on the Reduction of
Statelessness and all relevant international conventions;
(E) directing the Secretary of State to provide assistance
to countries to prevent and resolve situations of de jure or
de facto statelessness and to prevent the trafficking or
exploitation of de jure or de facto stateless individuals;
(F) directing the Office of Trafficking in Persons of the
Department of State to continue to document and analyze the
effects of statelessness on trafficking in persons, both as a
cause of trafficking and as an obstacle to reaching and
assisting trafficked persons; and
(G) encouraging and facilitating the work of
nongovernmental organizations in the United States and abroad
that provide legal and humanitarian support to de jure or de
facto stateless groups or individuals, to increase the access
of de jure or de facto stateless groups or individuals to
such organizations, and to encourage other governments to
provide similar support and access.
(2) United states activities.--
(A) In general.--Given the importance of preventing new
instances of de jure or de facto statelessness and the
trafficking of de jure or de facto stateless individuals, and
of protecting the human rights of de jure or de facto
stateless individuals, the President shall submit to the
Committee on Foreign Affairs and the Committee on the
Judiciary of the House of Representatives and the Committee
on Foreign Relations and the Committee on the Judiciary of
the Senate a report that includes the following:
(i) A list of countries and territories with significant de
jure or de facto stateless populations under their
jurisdictions and the conditions and consequences of such de
jure or de facto statelessness of such individuals.
(ii) United States international efforts to prevent further
de jure or de facto statelessness and encourage the granting
of full legal protection of the human rights of de jure or de
facto stateless individuals.
(B) Statement of policy.--It shall be the policy of the
United States to comply with the

[[Page H6473]]

principles and provisions of the 1954 Convention Relating to
the Status of Stateless Persons and the 1961 Convention on
the Reduction of Statelessness to the fullest extent possible
and to encourage other countries to do so as well.
(C) Actions by secretary of state.--
(i) Increase in resources and staff.--The Secretary of
State shall permanently increase in the Bureau of Population,
Refugees, and Migration in the Department of State the
resources dedicated to and staff assigned to work toward the
prevention and resolution of de jure and de facto
statelessness and the protection of de jure or de facto
stateless individuals.
(ii) Coordination.--To coordinate United States policies
toward combating de jure and de facto statelessness, the
Secretary of State shall establish an Interagency Working
Group to Combat Statelessness. This working group should
include representatives of the Bureau of Population, Refugees
and Migration, the Bureau of International Organizations, the
Bureau of Democracy, Human Rights and Labor, the Office of
Trafficking in Persons of the Department of State, and the
United States Agency for International Development, as well
as representatives from relevant offices of the Department of
Justice and relevant offices of the Department of Homeland
Security.
(D) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this subsection.

SEC. 1105. STATEMENT OF POLICY REGARDING THE ECUMENICAL
PATRIARCHATE.

It shall be the policy of the United States to urge Turkey
to--
(1) respect property rights and religious rights of the
Ecumenical Patriarch;
(2) grant the Ecumenical Patriarchate appropriate
international recognition and ecclesiastic succession; and
(3) grant the Ecumenical Patriarchate the right to train
clergy of all nationalities, not just Turkish nationals.

SEC. 1106. LIMITATION ON ASSISTANCE FOR WEATHER COOPERATION
ACTIVITIES TO COUNTRIES IN THE AMERICAS.

(a) Sense of Congress.--It is the sense of Congress that
the United States should facilitate international cooperation
on hurricane preparedness because--
(1) hundreds of millions of people in the Americas live in
coastal communities and are susceptible to the immense risks
posed by hurricanes;
(2) the need for hurricane tracking overflights and other
weather cooperation activities to track and monitor
hurricanes in the Americas is acute; and
(3) accurate hurricane forecasts can help prevent the loss
of life and injury and reduce property loss and economic
disruption.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
transmit to the appropriate congressional committees a report
on the status of United States cooperation with other
countries in the Americas on hurricane preparedness and other
weather cooperation activities.
(2) Matters to be included.--The report required under
paragraph (1) shall include--
(A) a list of countries in the Americas that do not
cooperate with the United States on hurricane preparedness
and other weather cooperation activities; and
(B) the status of any negotiations regarding hurricane
preparedness and other weather cooperation activities between
the United States and countries listed in subparagraph (A).
(c) Limitation on Assistance.--The Secretary of State may
not provide assistance for weather cooperation activities to
countries listed in the report under subsection (b)(2)(A).
(d) Waiver.--The Secretary of State may waive the
limitation on assistance requirements under subsection (c) if
the Secretary of State certifies to the appropriate
congressional committees that the waiver is in the national
interest of the United States.

SEC. 1107. STATEMENT OF CONGRESS REGARDING AFGHAN WOMEN.

Congress--
(1) supports the decision by President Hamid Karzai of
Afghanistan to submit for review the Shi'ite Personal Status
Law and strongly urges him not to publish such law on the
grounds that such law violates the basic human rights of
women and is inconsistent with the Constitution of
Afghanistan;
(2) urges President Karzai, the Ministry of Justice, and
other parties involved in reviewing the law to formally
declare as unconstitutional the provisions of such law
regarding marital rape and restrictions on women's freedom of
movement;
(3) reiterates its strong sense that the provisions in such
law which restrict the rights of women should be removed, and
that an amended draft of the Shi'ite Personal Status Law
should be submitted for parliamentary review;
(4) encourages the Secretary of State, the Special
Representative for Afghanistan and Pakistan, the Ambassador-
at-Large for Global Women's Issues, and the United States
Ambassador to Afghanistan to consider and address the status
of women's rights and security in Afghanistan to ensure that
such rights are not being eroded through unjust laws,
policies, or institutions; and
(5) encourages the Government of Afghanistan to solicit
information and advice from the Ministry of Justice, the
Ministry for Women's Affairs, the Afghanistan Independent
Human Rights Commission, and women-led nongovernmental
organizations to ensure that current and future legislation
and official policies protect and uphold the equal rights of
women, including through national campaigns to lead public
discourse on the importance of women's status and rights to
the overall stability of Afghanistan.

SEC. 1108. GLOBAL PEACE OPERATIONS INITIATIVE PROGRAMS AND
ACTIVITIES.

(a) Findings.--Congress makes the following findings:
(1) Over 100,000 military and civilian personnel are
engaged in 18 United Nations peacekeeping operations around
the world. Peacekeeping operations are critical to
maintaining a peaceful and stable international environment.
(2) The United States has a vital interest in ensuring that
United Nations peacekeeping operations are successful.
Countries undergoing conflict threaten the national and
economic security of the United States, risk becoming safe
havens for terrorist organizations, and often feature levels
of human rights abuses and human deprivation that are an
affront to the values of the American people.
(3) Over the years, United Nations peacekeeping has evolved
to meet the demands of different conflicts and a changing
political landscape. Today's peacekeeping mission is most
often ``multidimensional'' and includes a wide variety of
complex tasks such as civilian protection, helping to build
sustainable institutions of governance, human rights
monitoring, security sector reform, facilitating delivery of
humanitarian relief and disarmament, demobilization and
reintegration of former combatants.
(4) United Nations peacekeeping operations allow the United
States to respond to global crises within a multilateral
framework with costs shared among nations. A 2007 Government
Accountability Office report found that in general a United
States peacekeeping operation is likely to be ``much more
expensive'' than a United Nations peacekeeping operation,
regardless of location.
(5) In many missions due to vast swaths of terrain and
limited infrastructure, ongoing low-intensity fighting, and
the presence of ``peace spoilers'', United Nations
peacekeepers cannot carry out the complex tasks with which
they are charged without critical enablers, and in particular
air assets.
(6) The United Nations Secretary-General has repeatedly
noted the deleterious impact of insufficient helicopters for
peacekeeping missions in Darfur and the Democratic Republic
of the Congo. History has shown that under-resourced
peacekeeping troops are not only unable to carry out their
mandates, they erode the credibility of the United Nations
and are themselves likely to come under attack.
(7) Senate Resolution 432 and House Resolution 1351 of the
110th Congress--
(A) urged members of the international community, including
the United States, that possessed the capability to provide
tactical and utility helicopters needed for the United
Nations-African Union Mission in Darfur (UNAMID) to do so as
soon as possible; and
(B) urged the President to intervene personally by
contacting other heads of state and asking them to contribute
the aircraft and crews to the Darfur mission.
(8) The current framework of relying on member countries to
provide air assets on a volunteer basis has not yielded
sufficient results. The United Nations still faces a
shortfall of over 50 helicopters for UNAMID, the Democratic
Republic of Congo (MONUC), and the Republic of Chad
(MINURCAT). A review of trend lines suggests that any new
United Nations peacekeeping missions authorized within the
next five to seven years would face similar shortfalls.
(9) Numerous studies and reports have determined that there
is no global shortage of air assets. It is inexcusable to
allow authorized United Nations peacekeeping missions to
founder for the lack of critical mobility capabilities.
(b) Purpose.--The purpose of assistance authorized by this
section is to help protect civilians by training and
equipping peacekeepers worldwide, to include financing the
refurbishment of helicopters.
(c) Use of Funds.--
(1) In general.--The Secretary of State is authorized to
use amounts authorized to be appropriated to carry out this
section to provide funding to carry out and expand Global
Peace Operations Initiative programs and activities. Such
programs and activities shall include--
(A) training and equipping peacekeepers worldwide, with a
particular focus on Africa;
(B) enhancing the capacity of regional and sub-regional
organizations to plan, train for, manage, conduct, sustain
and obtain lessons-learned from peace support operations;
(C) carrying out a clearinghouse function to exchange
information and coordinate G-8 efforts to enhance peace
operations;
(D) providing transportation and logistics support for
deploying peacekeepers;
(E) developing a cached equipment program to procure and
warehouse equipment for use in peace operations globally;
(F) providing support to the international Center of
Excellence for Stability Police Units (COESPU) in Italy to
increase the capabilities and interoperability of stability
police to participate in peace operations;
(G) conducting sustainment and self-sufficiency activities
in support of the objectives described in subparagraphs (A)
through (F) with a focus on assisting partners to sustain
proficiencies gained in training programs; and
(H) financing the refurbishment of helicopters in
preparation for their deployment to United Nations
peacekeeping operations or to regional peacekeeping
operations which have been approved by the United Nations
Security Council.
(2) Sense of congress.--It is the sense of Congress that
failure on the part of the international community to take
all steps necessary to deploy and maintain fully capacitated
United Nations peacekeeping operations will result in
continued loss of life and human suffering. Therefore, in
carrying out this section, the Secretary of State should
prioritize the refurbishment of helicopters with a goal of
participating

[[Page H6474]]

in the financing of no fewer than three helicopter
refurbishments by the end of fiscal year 2011.
(3) Support from other countries.--In providing funding
under paragraph (1), the Secretary of State shall to the
greatest extent possible seek to leverage such funding with
financing from other countries.
(d) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and one year thereafter, the
Secretary of State shall submit to the appropriate
congressional committees a report on the activities of the
United States Government to carry out the provisions of this
section.
(2) Contents.--The report required under paragraph (1)
shall include--
(A) a description of the Global Peace Operations Initiative
programs and activities undertaken, by country;
(B) a description of the funds obligated and expended in
each country, by program and fiscal year;
(C) a description of the coordination of these efforts
within the United States Government interagency process and
with other nations along with any recommendations for
improvements;
(D) a description of the GPOI's activities concerning the
refurbishment of air assets for United Nations peacekeeping
operations and regional peacekeeping operations that have
been approved by the United Nations Security Council;
(E) data measuring the quality of the training and
proficiency of the trainees program-wide;
(F) data on the training and deployment activities of
graduates of the international Center of Excellence for
Stability Police Units (COESPU) in their home countries;
(G) a description of vetting activities for all GPOI
training to ensure that all individuals in composite units
are vetted for human rights violations;
(H) data measuring the timeliness of equipment delivery and
recommendations for improvement as appropriate; and
(I) description of how GPOI trainees and GPOI-provided
equipment contribute to improved civilian protection in peace
operations.
(e) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary for each of
fiscal years 2010 and 2011 to carry out this section.
(f) Definition.--In this section, the term ``Global Peace
Operations Initiative'' or ``GPOI'' means the program
established by the Department of State to address major gaps
in international peace operations support, including by
building and maintaining capability, capacity, and
effectiveness of peace operations.

SEC. 1109. FREEDOM OF THE PRESS.

(a) Short Title.--This section may be cited as the ``Daniel
Pearl Freedom of the Press Act of 2009''.
(b) Inclusion of Additional Information Relating to Freedom
of the Press Worldwide in Annual Country Reports on Human
Rights Practices.--The Foreign Assistance Act of 1961 is
amended--
(1) in section 116(d) (22 U.S.C. 2151n(d)), as amended by
section 333(c) of this Act--
(A) in paragraph (11), by striking ``and'' at the end; and
(B) in paragraph (12), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(13) wherever applicable--
``(A) a description of the status of freedom of the press,
including initiatives in favor of freedom of the press and
efforts to improve or preserve, as appropriate, the
independence of the media, together with an assessment of
progress made as a result of those efforts;
``(B) an identification of countries in which there were
violations of freedom of the press, including direct physical
attacks, imprisonment, indirect sources of pressure, and
censorship by governments, military, intelligence, or police
forces, criminal groups, or armed extremist or rebel groups;
and
``(C) in countries where there are particularly severe
violations of freedom of the press--
``(i) whether government authorities of each such country
participate in, facilitate, or condone such violations of the
freedom of the press; and
``(ii) what steps the government of each such country has
taken to preserve the safety and independence of the media,
and to ensure the prosecution of those individuals who attack
or murder journalists.''; and
(2) in section 502B (22 U.S.C. 2304), by adding at the end
the following new subsection:
``(i) The report required by subsection (b) shall include,
wherever applicable--
``(1) a description of the status of freedom of the press,
including initiatives in favor of freedom of the press and
efforts to improve or preserve, as appropriate, the
independence of the media, together with an assessment of
progress made as a result of those efforts;
``(2) an identification of countries in which there were
violations of freedom of the press, including direct physical
attacks, imprisonment, indirect sources of pressure, and
censorship by governments, military, intelligence, or police
forces, criminal groups, or armed extremist or rebel groups;
and
``(3) in countries where there are particularly severe
violations of freedom of the press--
``(A) whether government authorities of each such country
participate in, facilitate, or condone such violations of the
freedom of the press; and
``(B) what steps the government of each such country has
taken to preserve the safety and independence of the media,
and to ensure the prosecution of those individuals who attack
or murder journalists.''.
(c) Freedom of the Press Grant Program.--
(1) In general.--The Secretary of State shall administer a
grant program with the aim of promoting freedom of the press
worldwide. The grant program shall be administered by the
Department of State's Bureau of Democracy, Human Rights and
Labor in consultation with the Undersecretary for Public
Affairs and Public Diplomacy.
(2) Amounts and time.--Grants may be awarded to nonprofit
and international organizations and may span multiple years,
up to five years.
(3) Purpose.--Grant proposals should promote and broaden
press freedoms by strengthening the independence of
journalists and media organizations, promoting a legal
framework for freedom of the press, or through providing
regionally and culturally relevant training and
professionalization of skills to meet international standards
in both traditional and digital media.
(d) Media Organization Defined.--In this section, the term
``media organization'' means a group or organization that
gathers and disseminates news and information to the public
(through any medium of mass communication) in a foreign
country in which the group or organization is located, except
that the term does not include a group or organization that
is primarily an agency or instrumentality of the government
of such foreign country. The term includes an individual who
is an agent or employee of such group or organization who
acts within the scope of such agency or employment.
(e) Authorization of Appropriations.--There is authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. 1110. INFORMATION FOR COUNTRY COMMERCIAL GUIDES ON
BUSINESS AND INVESTMENT CLIMATES.

(a) In General.--The Director General of the Foreign
Commercial Service, in consultation with the Assistant
Secretary of Commerce for Trade Promotion and the Assistant
Secretary of State for Economic, Energy and Business Affairs,
should ensure that the annual Country Commercial Guides for
United States businesses include--
(1) detailed assessments concerning each foreign country in
which acts of unfair business and investment practices or
other actions that have resulted in poor business and
investment climates were, in the opinion of the Director
General of the Foreign Commercial Service, of major
significance;
(2) all relevant information about such unfair business and
investment practices or other actions during the preceding
year by members of the business community, the judiciary, and
the government of such country which may have impeded United
States business or investment in such country, including the
capacity for United States citizens to operate their
businesses without fear of reprisals; and
(3) information on--
(A) the extent to which the government of such country is
working to prevent unfair business and investment practices;
and
(B) the extent of United States Government action to
prevent unfair business and investment practices or other
actions that harm United States business or investment
interests in relevant cases in such country.
(b) Additional Provisions To Be Included.--The information
required under subsection (a) should, to the extent feasible,
include--
(1) with respect to paragraph (1) of such subsection--
(A) a review of the efforts undertaken by each foreign
country to promote a healthy business and investment climate
that is also conducive to the United States business
community and United States investors, including, as
appropriate, steps taken in international fora;
(B) the response of the judicial and local arbitration
systems of each such country that is the subject of such
detailed assessment with respect to matters relating to the
business and investment climates affecting United States
citizens and entities, or that have, in the opinion of the
Director General of the Foreign Commercial Service, a
significant impact on United States business and investment
efforts; and
(C) each such country's access to the United States market;
(2) with respect to paragraph (2) of such subsection--
(A) any actions undertaken by the government of each
foreign country that prevent United States citizens and
businesses from receiving equitable treatment;
(B) actions taken by private businesses and citizens of
each such country against members of the United States
business community and United States investors;
(C) unfair decisions rendered by the legal systems of each
such country that clearly benefit State and local
corporations and industries; and
(D) unfair decisions rendered by local arbitration panels
of each such country that do not exemplify objectivity and do
not provide an equitable ground for United States citizens
and businesses to address their disputes; and
(3) with respect to paragraph (3) of such subsection,
actions taken by the United States Government to--
(A) promote the rule of law;
(B) prevent discriminatory treatment of United States
citizens and businesses engaged in business or investment
activities in each foreign country;
(C) allow United States goods to enter each such country
without requiring a co-production agreement; and
(D) protect United States intellectual property rights.
(c) Consultation.--In carrying out this section, the
Director General of the Foreign Commercial Service shall
consult with business leaders, union leaders, representatives
of the judicial system of each foreign country described in

[[Page H6475]]

subsection (a), and relevant nongovernmental organizations.
(d) Business and Investment Climate Warnings.--The
Secretary of State, with the assistance of the Assistant
Secretary of State for Economic, Energy and Business Affairs,
as well as the Assistant Secretary of Commerce for Trade
Promotion and the Director General of the Foreign Commercial
Service, shall establish a warning system that effectively
alerts United States businesses and investors of--
(1) a significant deterioration in the business and
investment climate in a foreign country, including
discriminatory treatment of United States businesses; or
(2) a significant constraint on the ability of the United
States Government to assist United States businesses and
investors in a foreign country, such as to the closure of a
United States diplomatic or consular mission, that is not
explained in the most recent Country Commercial Guide for
such country.
(e) Definitions.--In this section:
(1) Co-production agreement.--The term ``co-production
agreement'' means a United States Government or United States
business working with a foreign government, foreign company,
or an international organization to produce or manufacture an
item.
(2) Rule of law.--The term ``rule of law'' means the extent
to which laws of a foreign country are publicly promulgated,
equally enforced, independently adjudicated, and are
consistent with international norms and standards.
(3) Unfair business and investment practices.--The term
``unfair business and investment practices'' includes any of
the following:
(A) Unlawful actions under international law or the law of
the foreign country taken by the government of such country
or by businesses, citizens, or other entities of such country
that have resulted in lost assets, contracts, or otherwise
contributed to an inhospitable business or investment
climate.
(B) Discriminatory treatment of United States businesses,
whether wholly or partially owned.
(C) Failure to protect intellectual property rights.
(D) Requiring a co-production agreement in order for goods
from the United States to enter a foreign country.

SEC. 1111. INTERNATIONAL PROTECTION OF GIRLS BY PREVENTING
CHILD MARRIAGE.

(a) Sense of Congress.--It is the sense of Congress that--
(1) child marriage is a violation of human rights and the
prevention and elimination of child marriage should be a
foreign policy goal of the United States;
(2) the practice of child marriage undermines United States
investments in foreign assistance to promote education and
skills building for girls, reduce maternal and child
mortality, reduce maternal illness, halt the transmission of
HIV/AIDS, prevent gender-based violence, and reduce poverty;
and
(3) expanding educational opportunities for girls, economic
opportunities for women, and reducing maternal and child
mortality are critical to achieving the Millennium
Development Goals and the global health and development
objectives of the United States, including efforts to prevent
HIV/AIDS.
(b) Strategy To Prevent Child Marriage in Developing
Countries.--
(1) Strategy required.--The President, acting through the
Secretary of State, shall establish a multi-year strategy to
prevent child marriage in developing countries and promote
the empowerment of girls at risk of child marriage in
developing countries, including by addressing the unique
needs, vulnerabilities, and potential of girls under 18 in
developing countries.
(2) Consultation.--In establishing the strategy required by
paragraph (1), the President shall consult with Congress,
relevant Federal departments and agencies, multilateral
organizations, and representatives of civil society.
(3) Elements.--The strategy required by paragraph (1)
shall--
(A) focus on areas in developing countries with high
prevalence of child marriage; and
(B) encompass diplomatic initiatives between the United
States and governments of developing countries, with
attention to human rights, legal reforms and the rule of law,
and programmatic initiatives in the areas of education,
health, income generation, changing social norms, human
rights, and democracy building.
(4) Report.--Not later than 180 days after the date of the
enactment of this Act, the President shall transmit to
Congress a report that includes--
(A) the strategy required by paragraph (1);
(B) an assessment, including data disaggregated by age and
gender to the extent possible, of current United States-
funded efforts to specifically assist girls in developing
countries; and
(C) examples of best practices or programs to prevent child
marriage in developing countries that could be replicated.
(c) Research and Data Collection.--The Secretary of State
shall work with relevant Federal departments and agencies as
part of their ongoing research and data collection
activities, to--
(1) collect and make available data on the incidence of
child marriage in countries that receive foreign or
development assistance from the United States where the
practice of child marriage is prevalent; and
(2) collect and make available data on the impact of the
incidence of child marriage and the age at marriage on
progress in meeting key development goals.
(d) Department of State's Country Reports on Human Rights
Practices.--The Foreign Assistance Act of 1961 is amended--
(1) in section 116 (22 U.S.C. 2151n), by adding at the end
the following new subsection:
``(g) The report required by subsection (d) shall include
for each country in which child marriage is prevalent at
rates at or above 40 percent in at least one sub-national
region, a description of the status of the practice of child
marriage in such country. In this subsection, the term `child
marriage' means the marriage of a girl or boy, not yet the
minimum age for marriage stipulated in law in the country in
which such girl or boy is a resident.''; and
(2) in section 502B (22 U.S.C. 2304), as amended by section
1109(b)(2) of this Act, is further amended by adding at the
end the following new subsection:
``(j) The report required by subsection (b) shall include
for each country in which child marriage is prevalent at
rates at or above 40 percent in at least one sub-national
region, a description of the status of the practice of child
marriage in such country. In this subsection, the term `child
marriage' means the marriage of a girl or boy, not yet the
minimum age for marriage stipulated in law in the country in
which such girl or boy is a resident.''.
(e) Definition.--In this section, the term ``child
marriage'' means the marriage of a girl or boy, not yet the
minimum age for marriage stipulated in law in the country in
which the girl or boy is a resident.
(f) Authorization of Appropriations.--Of the amounts
authorized to be appropriated pursuant to section 101 of this
Act, there is authorized to be appropriated as such sums as
necessary for fiscal years 2010 through 2011 to carry out
this section and the amendments made by this section.

SEC. 1112. STATEMENT OF CONGRESS REGARDING RETURN OF
PORTRAITS OF HOLOCAUST VICTIMS TO ARTIST DINA
BABBITT.

(a) Findings.--Congress finds the following:
(1) Dina Babbitt (formerly known as Dinah Gottliebova), a
United States citizen, has requested the return of watercolor
portraits she painted while suffering a 1\1/2\-year-long
internment at the Auschwitz death camp during World War II.
(2) Dina Babbitt was ordered to paint the portraits by the
infamous war criminal Dr. Josef Mengele.
(3) Dina Babbitt's life, and her mother's life, were spared
only because she painted portraits of doomed inmates of
Auschwitz-Birkenau, under orders from Dr. Josef Mengele.
(4) These paintings are currently in the possession of the
Auschwitz-Birkenau State Museum.
(5) Dina Babbitt is the rightful owner of the artwork,
because the paintings were produced by her own talented hands
as she endured the unspeakable conditions that existed at the
Auschwitz death camp.
(6) This continued injustice can be righted through
cooperation between agencies of the United States and Poland.
(7) This issue was raised in the Foreign Relations
Authorization Act, Fiscal Year 2003 (Public Law 107-228).
(b) Statement of Congress.--Congress--
(1) continues to recognize the moral right of Dina Babbitt
to obtain the artwork she created, and recognizes her courage
in the face of the evils perpetrated by the Nazi command of
the Auschwitz-Birkenau death camp, including the atrocities
committed by Dr. Josef Mengele;
(2) urges the President to make all efforts necessary to
retrieve the seven watercolor portraits Dina Babbitt painted,
while suffering a 1\1/2\-year-long internment at the
Auschwitz death camp, and return them to her;
(3) urges the Secretary of State to make immediate
diplomatic efforts to facilitate the transfer of the seven
original watercolors painted by Dina Babbitt from the
Auschwitz-Birkenau State Museum to Dina Babbitt, their
rightful owner;
(4) urges the Government of Poland to immediately
facilitate the return to Dina Babbitt of the artwork painted
by her that is now in the possession of the Auschwitz-
Birkenau State Museum; and
(5) urges the officials of the Auschwitz-Birkenau State
Museum to transfer the seven original paintings to Dina
Babbitt as expeditiously as possible.

SEC. 1113. STATEMENT OF POLICY REGARDING SOMALIA.

(a) Statement of Policy.--It shall be the policy of the
United States to--
(1) advance long-term stability and peace in Somalia;
(2) provide assistance to the government of Somalia and
nongovernmental organizations, including Somali-led
nongovernmental organizations, and particularly women's
groups, as appropriate;
(3) support efforts to establish democratic civil
authorities and institutions in Somalia that reflect local
and traditional structures, built on the rule of law and
respect for human rights, and strengthen the security sector;
and
(4) support reconciliation efforts in Somalia in order to
ensure lasting peace.
(b) Sense of Congress.--It is the sense of Congress that
the President, acting through the Secretary of State, should
develop a comprehensive policy in coordination with the
international community and the government of Somalia that
aligns humanitarian, development, economic, political,
counterterrorism, anti-piracy, and regional strategies in
order to bring about peace and stability in Somalia and the
region.

Subtitle B--Sense of Congress Provisions

SEC. 1121. PROMOTING DEMOCRACY AND HUMAN RIGHTS IN BELARUS.

(a) Findings.--Congress finds the following:
(1) Despite some modest improvements, notably the release
of political prisoners, the Belarusian Government's human
rights and democracy record remains poor as governmental
authorities continue to commit frequent serious abuses.

[[Page H6476]]

(2) Since 1996, President Alexander Lukashenka has
consolidated his power over all institutions and undermined
the rule of law through authoritarian means.
(3) Belarus restricts civil liberties, including freedoms
of press, speech, assembly, association, and religion.
Nongovernmental organizations and political parties are
subject to harassment, fines, prosecution, and closure. The
Belarusian Government maintains a virtual monopoly over the
country's information space.
(b) Policy.--It is the policy of the United States to--
(1) support the aspirations of the people of Belarus for
democracy, human rights, and the rule of law;
(2) support the aspirations of the people of Belarus to
preserve the independence and sovereignty of their country;
(3) seek and support the growth of democratic movements and
institutions in Belarus as well the development of a
democratic political culture and civil society;
(4) seek and support the growth of an open market economy
in Belarus through the development of entrepreneurship and
protection of property rights; and
(5) remain open to re-evaluating United States policy
toward Belarus, including existing sanctions, as warranted by
demonstrable democratic and human rights progress made by the
Belarusian Government.
(c) Sense of Congress.--It is the sense of Congress that--
(1) the United States should furnish assistance to Belarus
to the support democratic processes in that country,
including--
(A) expanding and facilitating the development of
independent print, radio, television, and internet
broadcasting to and within Belarus;
(B) aiding the development of civil society through
assistance to nongovernmental organizations promoting
democracy and supporting human rights, including youth
groups, entrepreneurs, and independent trade unions;
(C) supporting the work of human rights defenders;
(D) enhancing the development of democratic political
parties;
(E) assisting the promotion of free, fair, and transparent
electoral processes;
(F) enhancing international exchanges, including youth and
student exchanges, as well as advanced professional training
programs for leaders and members of the democratic forces in
skill areas central to the development of civil society; and
(G) supporting educational initiatives such as the European
Humanities University, a Belarusian university in exile based
in Vilnius, Lithuania; and
(2) the United States should support radio, television, and
internet broadcasting to the people of Belarus in languages
spoken in Belarus, including broadcasting by Radio Free
Europe/Radio Liberty, European Radio for Belarus, and Belsat.

SEC. 1122. SENSE OF CONGRESS ON THE HUMANITARIAN SITUATION IN
SRI LANKA.

It is the sense of Congress that--
(1) both the Liberation Tigers of Tamil Eelam (LTTE) and
the Government of Sri Lanka must abide by their commitments
to respect human life and cease offensive operations;
(2) the United States Government remains deeply concerned
about the current danger to civilian lives and the dire
humanitarian situation created by the fighting in the
Mullaittivu area in Sri Lanka;
(3) the United States should call upon the Government and
military of Sri Lanka and the LTTE to allow a humanitarian
pause sufficient for the tens of thousands of civilians in
the conflict area to escape the fighting;
(4) both sides must respect the right of free movement of
those civilian men, women and children trapped by the
fighting;
(5) the LTTE must immediately allow civilians to depart;
(6) the LTTE should then lay down their arms to a neutral
third party;
(7) the Government of Sri Lanka should allow the United
Nations High Commission for Refugees (UNHCR) and the
International Committee of the Red Cross (ICRC) access to all
sites where newly arrived displaced persons are being
registered or being provided shelter, as well as to implement
established international humanitarian standards in the camps
for internally displaced persons;
(8) a durable and lasting peace will only be achieved
through a political solution that addresses the legitimate
aspirations of all Sri Lankan communities; and
(9) the Government of Sri Lanka should put forward a timely
and credible proposal to engage its Tamil community who do
not espouse violence or terrorism, and to develop power
sharing arrangements so that lasting peace and reconciliation
can be achieved.

SEC. 1123. WEST PAPUA.

(a) Findings.--Congress finds the following:
(1) West Papua was a former Dutch colony just as East Timor
was a former Portuguese colony just as Indonesia was a former
colony of the Netherlands.
(2) In 1949, the Dutch granted independence to Indonesia
and retained West Papua.
(3) In 1950, the Dutch prepared West Papua for
independence.
(4) However, Indonesia, upon achieving independence,
demanded the entire archipelago including the Dutch holding
of West Papua and the Portuguese controlled territory of East
Timor.
(5) In 1962, the United States mediated an agreement
between the Dutch and Indonesia. Under terms of the
agreement, the Dutch were to leave West Papua and transfer
sovereignty to the United Nations after which time a national
election would be held to determine West Papua's political
status. But almost immediately after this agreement was
reached, Indonesia violated the terms of the transfer and
took over the administration of West Papua from the United
Nations.
(6) Indonesia then orchestrated an election that many
regarded as a brutal military operation. In what became known
as an ``act of no-choice'', 1,025 West Papua elders under
heavy military surveillance were selected to vote on behalf
of more than 800,000 West Papuans on the territory's
political status. The United Nations Representative sent to
observe the election process produced a report which outlined
various and serious violations of the United Nations Charter.
In spite of the report and in spite of testimonials from the
press, the opposition of fifteen countries, and the cries of
help from the Papuans themselves, West Papua was handed over
to Indonesia in November 1969.
(7) Since this time, the Papuans have suffered blatant
human rights abuses including extrajudicial executions,
imprisonment, torture, environmental degradation, natural
resource exploitation and commercial dominance of immigrant
communities and it is now estimated that more than 100,000
West Papuans and 200,000 East Timorese died as a direct
result of Indonesian rule especially during the
administrations of military dictators Sukarno and Suharto.
(8) Today, the violence continues. In its 2004 Country
Reports on Human Rights Practices the Department of State
reports that Indonesia ``security force members murdered,
tortured, raped, beat and arbitrarily detained civilians and
members of separatist movements especially in Papua''.
(9) In response to international pressure, Indonesia has
promised to initiate Special Autonomy for West Papua.
(10) Considering that East Timor achieved independence from
Indonesia in 2002 by way of a United Nations sanctioned
referendum, Special Autonomy may be an effort to further
disenfranchise a people who differ racially from the majority
of Indonesians.
(11) West Papuans are Melanesian and believed to be of
African descent.
(b) Reports.--
(1) Secretary of state.--For fiscal year 2010, the
Secretary of State shall submit to the appropriate
congressional committees a report on the 1969 Act of Free
Choice, the current political status of West Papua, and the
extent to which the Government of Indonesia has implemented
and included the leadership and the people of West Papua in
the development and administration of Special Autonomy.
(2) President.--For each of fiscal years 2010 and 2011, the
President shall transmit to the appropriate congressional
committees a report that contains a description of the extent
to which the Government of Indonesia has certified that it
has halted human rights abuses in West Papua.

SEC. 1124. SENSE OF CONGRESS RELATING TO SOVIET NUCLEAR TESTS
AND KAZAKHSTAN'S COMMITMENT TO
NONPROLIFERATION.

(a) Findings.--Congress finds the following:
(1) In 1991, immediately after achieving independence,
Kazakhstan closed and sealed the world's second largest
nuclear test site in Semipalatinsk which had been inherited
from the former Soviet Union and at which more than 500
nuclear tests had been conducted from 1949 to 1991.
(2) The cumulative power of explosions from those tests,
conducted above ground, on the ground, and underground is
believed to be equal to the power of 20,000 explosions of the
type of bomb dropped on Hiroshima, Japan, in 1945.
(3) More than 1,500,000 people in Kazakhstan suffered
because of decades of Soviet nuclear weapons testing in the
region.
(4) A horrifying array of disease will continue to destroy
the lives of hundreds of thousands and their descendants for
many generations to come as a result of these tests.
(5) Since its independence, Kazakhstan has constructed a
stable and peaceful state, voluntarily disarmed the world's
fourth largest nuclear arsenal, joined the Strategic Arms
Reduction Treaty (START), and within the frameworks of the
Cooperative Threat Reduction program the government of
Kazakhstan, in cooperation with the United States Government,
conducted a very successful secret operation, code-named
Project Sapphire, as a result of which 581 kilograms (1,278
pounds) of highly enriched uranium enough to produce 20-25
nuclear warheads were removed from Kazakhstan.
(6) Because of the successful cooperation between the
Governments of the United States and Kazakhstan, the last
lethal weapon was removed from Kazakhstan in April 1995.
(7) Kazakhstan, allegiant to its commitment to
nonproliferation, in December 2004 signed with the United
States an amendment to the bilateral agreement on the
nonproliferation of weapons of mass destruction which will
move the two nations towards a new level of cooperation in
preventing the threat of bio-terrorism.
(8) By its actions, Kazakhstan has proven itself not only
as a universally recognized leader and one of the key members
in the nonproliferation process, but also as a reliable and
consistent ally of the United States in reducing nuclear
threats and preventing lethal weapons from being acquired by
terrorist organizations such as Al-Qaeda.
(9) Recently Kazakhstan has also offered to host an
international nuclear fuel bank where low-enriched uranium
would be stored in accordance with the highest international
standards for safety, security, and safeguards.
(10) The Norwegian Defence Research Establishment is also
working with Kazakhstan to strengthen nuclear security and
nonproliferation.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the people of Kazakhstan and its Government should be
congratulated for their commitment to nonproliferation and
their leadership in

[[Page H6477]]

offering to host an international nuclear fuel bank; and
(2) the Secretary of State should work to establish a joint
working group with the Governments of Kazakhstan and Norway
to explore common challenges and opportunities on disarmament
and non-proliferation, and to assist in assessing the
environmental damage and health effects caused by Soviet
nuclear testing in Semipalatinsk.

SEC. 1125. SENSE OF CONGRESS ON HOLOCAUST-ERA PROPERTY
RESTITUTION AND COMPENSATION.

It is the sense of Congress that--
(1) countries in Central and Eastern Europe which have not
already done so must return looted and confiscated properties
to their rightful owners or, where restitution is not
possible, pay equitable compensation, in accordance with
principles of justice and in an expeditious manner that is
transparent and fair;
(2) countries in Central and Eastern Europe must enact and
implement appropriate restitution and compensation
legislation to facilitate private, communal, and religious
property restitution; and
(3) countries in Central and Eastern Europe must ensure
that such restitution and compensation legislation
establishes a simple, transparent, and timely process, so
that such process results in a real benefit to those
individuals who suffered from the unjust confiscation of
their property.

SEC. 1126. EFFORTS TO SECURE THE FREEDOM OF GILAD SHALIT.

It is the sense of Congress that Israeli soldier Gilad
Shalit, who has been held captive continuously since his
illegal abduction by Gazan kidnappers in 2006, should be
safely released at the earliest possible time and that,
pending his release, the International Committee of the Red
Cross should be granted full access to him, in accordance
with international law and civilized values.

SEC. 1127. SENSE OF CONGRESS RELATING TO SUDAN.

It is the sense of Congress that--
(1) the United States should support efforts to find a
stable and lasting peace in Sudan in the wake of a
devastating conflict that led to a major humanitarian
disaster and caused the deaths of hundreds of thousands, and
continues to cause violence in Darfur and throughout Sudan;
(2) to achieve that peace, all parties must agree to uphold
the Comprehensive Peace Agreement (CPA);
(3) international partners should aim to widen acceptance
of the Darfur Peace Agreement by all stakeholders;
(4) the United States should support efforts to prepare for
the national elections and for the referendum;
(5) the United States should support efforts to develop a
coordinated international strategy to support the rebuilding
of Sudan, with a particular focus on key CPA benchmarks
including policy toward the Three Areas, transitional
justice, which would include prosecuting perpetrators of war
crimes, oil revenue sharing, the census, the return of
displaced Darfuris and other peoples to their homeland, and
management of the armed forces; and
(6) United States policy toward Darfur should be fully
integrated with United States policy toward the CPA, as full
and lasting resolution to the Darfur crisis hinges on the
resolution of a common set of national problems.

SEC. 1128. SENSE OF CONGRESS ON RESTRICTIONS ON RELIGIOUS
FREEDOM IN VIETNAM.

(a) Findings.--Congress finds the following:
(1) The Secretary of State, under the International
Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.) and
authority delegated by the President, designates nations
found guilty of ``particularly severe violations of religious
freedom'' as ``Countries of Particular Concern''.
(2) In November 2006, the Secretary of State announced that
the Socialist Republic of Vietnam was no longer designated as
a ``Country of Particular Concern''.
(3) The Unified Buddhist Church of Vietnam (UBCV), the Hoa
Hao Buddhists, and the Cao Dai groups continue to face
unwarranted abuses because of their attempts to organize
independently of the Government of Vietnam, including the
detention and imprisonment of individual members of these
religious communities.
(4) Over the last 3 years, 18 Hoa Hao Buddhists have been
arrested for distributing sacred texts or publically
protesting the religious restrictions placed on them by the
Government of Vietnam, at least 12 remain in prison,
including 4 sentenced in 2007 for staging a peaceful hunger
strike.
(5) At least 15 individuals are being detained in long term
house arrest for reasons relating to their faith, including
the most venerable Thich Quang Do and most of the leadership
of the UBCV.
(6) According to Human Rights Watch, ``In April 2008
Montagnard Christian Y Ben Hdok was beaten to death while in
police custody in Dak Lak after other Montagards in his
district tried to flee to Cambodia to seek political
asylum.''.
(7) According to the United States Commission on
International Religious Freedom 2009 Annual Report, religious
freedom advocates and human rights defenders Nguyen Van Dai,
Le Thi Cong Nhan, and Fr. Thaddeus Nguyen Van Ly are in
prison under Article 88 of the Criminal Code of Vietnam and
Fr. Nguyen Van Loi is being held without official detention
orders under house arrest.
(8) In February 2009, as many as 11 Montagnard Protestants
were detained for refusing to join the officially recognized
Southern Evangelical Church of Vietnam, and 2 still remain in
prison.
(9) Since August 2008, the Government of Vietnam has
arrested and sentenced at least eight individuals and beaten,
tear-gassed, harassed, publicly slandered, and threatened
Catholics engaged in peaceful activities seeking the return
of Catholic Church properties confiscated by the Vietnamese
Government after 1954 in Hanoi, including in the Thai Ha
parish.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Secretary of State should place Vietnam on the list
of ``Countries of Particular Concern'' for particularly
severe violations of religious freedom; and
(2) the Government of Vietnam should lift restrictions on
religious freedom and implement necessary legal and political
reforms to protect religious freedom.

The CHAIR. No amendment to the committee amendment is in order except
those printed in part C of House Report 111-143. Each amendment may be
offered only in the order printed in the report, by a Member designated
in the report, shall be considered read, shall be debatable for the
time specified in the report, equally divided and controlled by the
proponent and an opponent of the amendment, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.

Amendment No. 1 Offered by Mr. Berman

The CHAIR. It is now in order to consider amendment No. 1 printed in
part C of House Report 111-143.
Mr. BERMAN. Mr. Chairman, I have an amendment made in order by the
rule and ask for its immediate consideration.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 1 offered by Mr. Berman:
Page 12, line 3, strike ``$100,000,000'' and insert
``$105,500,000''.
Page 15, beginning line 20, strike ``such sums as may be
necessary'' and insert ``$115,000,000''.
Page 17, line 12, insert ``in'' before ``section''.
Page 43, line 12, strike ``live'' and insert ``live and
work, or study or volunteer,''.
In section 226, redesignate subsections (d) through (k) as
subsection (e) through (l) and insert after subsection (c)
the following:
(d) Use of Funds.--Paragraph (2) of subsection (c) of
section 207 of such Act is amended to read as follows:
``(2) Use of funds.--All or part of the amounts allotted
for the Foundation under paragraph (1) may be transferred to
the Foundation or to the appropriate Department of State
appropriation for the purpose of carrying out or supporting
the Foundation's activities.''.
Page 60, beginning line 4, strike ``a refugee or asylee
spouse'' and insert ``a spouse of a refugee or of a person
who has been granted asylum''.
Page 60, line 5, strike ``biological'' and insert
``birth''.
Page 60, strike lines 8 through 20 and insert the
following:
(d) ERMA 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''.
Page 61, line 14, insert ``, including children, as
appropriate,'' after ``refugees''.
Page 61, line 18, strike ``pilot''.
Page 64, line 2, strike ``shall'' and insert ``should''.
Page 64, line 6, insert ``during this refugee crisis''
before the period.
Page 64, line 9, strike ``the National Security Council,''.
Page 64, line 11, insert ``the Department of Defense,''
before ``the United States''.
Page 65, line 2, strike ``such'' and insert ``refugee''.
Page 65, line 11, strike ``and'' and insert ``, the
International Committee of the Red Cross,''.
Page 65, line 12, strike ``such other'' and insert ``and
other appropriate''.
Page 69, beginning line 8, strike ``applicants and'' and
insert ``applicants, including any effect such method may
have on an interviewer's ability to determine an applicant's
credibility and uncover fraud, and shall''.
Page 82, line 13, after ``committees'' insert ``and the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate''.
Page 110, after line 25, insert the following:

SEC. 305. INCREASING THE CAPACITY OF THE DEPARTMENT OF STATE
TO RESPOND TO CRISES.

Paragraph (5) of section 1603 of the Reconstruction and
Stabilization Civilian Management Act of 2008 (title XVI of
Public Law 110-417) is amended to read as follows:
``(5) Personnel defined.--The term `personnel' means--
``(A) individuals serving in any service described in
section 2101 of title 5, United States Code, other than in
the legislative or judicial branch;
``(B) individuals employed by personal services contract,
including those employed pursuant to section 2(c) of the
State Department Basic Authorities Act of 1956 (22 U.S.C.
2669(c)) and section 636(a)(3) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2396(a)(3)); and
``(C) individuals appointed under section 303 of the
Foreign Service Act of 1980 (22 U.S.C. 3943).''.

[[Page H6478]]

Page 112, line 15, strike ``equal to'' and insert ``up
to''.
Page 112, line 19, strike ``equal to'' and insert ``up
to''.
Page 129, line 4, insert ``and support for'' after
``cooperation with''.
Page 129, line 4, strike ``government'' and insert
``government's efforts''.
Page 131, line 24, strike ``coordinate'' and insert
``assist in the coordination of''.
Page 133, line 19, strike ``subparagraph (A) and (B)'' and
insert ``this section''.
Page 133, beginning line 25, strike ``of or trafficking
in'' and insert ``or distribution of''.
Page 134, line 15, strike ``of or trafficking in'' and
insert with ``or distribution of''.
Page 145, after line 8, insert the following:
(e) Relationship to Other Laws Regarding Abortion.--Nothing
in this section, and in particular the duties of the office
described in subsection (c), shall be construed as affecting
in any way existing statutory prohibitions against abortion
or existing statutory prohibitions on the use of funds to
engage in any activity or effort to alter the laws or
policies in effect in any foreign country concerning the
circumstances under which abortion is permitted, regulated,
or prohibited.
Page 145, line 9, strike ``(e)'' and insert ``(f)''.
Page 145, after line 13, insert the following:

SEC. 335. FOREIGN SERVICE VICTIMS OF TERRORISM.

(a) Additional Death Gratuity.--Section 413 of the Foreign
Service Act of 1980 (22 U.S.C. 3973) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new
subsection:
``(d) In addition to a death gratuity payment under
subsection (a), the Secretary or the head of the relevant
United States Government agency is authorized to provide for
payment to the surviving dependents of a Foreign Service
employee or a Government executive branch employee, if such
Foreign Service employee or Government executive branch
employee is subject to the authority of the chief of mission
pursuant to section 207, of an amount equal to a maximum of
eight times the salary of such Foreign Service employee or
Government executive branch employee if such Foreign Service
employee or Government executive branch employee is killed as
a result of an act of international terrorism. Such payment
shall be accorded the same treatment as a payment made under
subsection (a). For purposes of this subsection, the term
`act of international terrorism' has the meaning given such
term in section 2331(1) of title 18, United States Code.''.
(b) Certain Specific Payments.--Subject to the availability
of appropriations specifically for the purpose specified in
this subsection as provided in appropriations Acts enacted on
or after October 1, 2007, and notwithstanding any other
provision of law, the Secretary of State shall pay the
maximum amount of payment under section 413(d) of the Foreign
Service Act of 1980 (as amended by subsection a(2) of this
section) to an individual described in such section 413(d) or
to an individual who was otherwise serving at a United States
diplomatic or consular mission abroad without a regular
salary who was killed as a result of an act of international
terrorism (as such term is defined in section 2331(1) of
title 18, United States Code) that occurred between January
1, 1998, and the date of the enactment of this section,
including the victims of the bombing of August 7, 1998, in
Nairobi, Kenya. Such a payment shall be deemed to be a
payment under section 413(d) of the Foreign Service Act of
1980, except that for purposes of this section, such payment
shall, with respect to a United States citizen receiving
payment under this section, be in an amount equal to ten
times the salary specified in this section. For purposes of
this section and section 413(d) of such Act, with respect to
a United States citizen receiving payment under this section,
the salary to be used for purposes of determining such
payment shall be $94,000.
Page 157, line 8, strike ``State'' and insert ``State, in
consultation with the Secretary of Energy,''.
Page 157, line 9, strike ``Committee'' and all that follows
through ``Senate'' on line 11 and insert ``appropriate
congressional committees and the Committee on Armed Services
of the House of Representatives and the Committee on Armed
Services of the Senate''.
Page 160, line 3, after ``appropriate congressional
committees'' insert ``and the Committee on Armed Services of
the House of Representatives and the Committee on Armed
Services of the Senate''.
Page 163, after line 2, insert the following:

SEC. 418. IMPLEMENTING AN INTERNATIONAL NUCLEAR FUEL BANK.

It is the sense of Congress that, not later than 120 after
the date of the enactment of this Act, the Secretary of State
should appoint a coordinator to help implement the
International Nuclear Fuel Bank to ensure that countries have
a supply of fuel for nuclear energy and do not have to enrich
their own uranium.
Page 164, line 17, strike ``200'' and insert ``125''.
Page 181, line 17, insert before the semicolon the
following: ``, and four year colleges and universities
demonstrating an institutional commitment to increasing study
abroad participation''.
Page 184, line 11, strike ``majority leader'' and insert
``Speaker''.
Page 240, strike line 10 and all that follows through page
241, line 9 and insert the following:
(a) In General.--Section 38(c) of the Arms Export Control
Act (22 U.S.C. 2778(c)) is amended to read as follows:
``(c) Criminal Penalties for Violations of This Section and
Section 39.--Whoever willfully--
``(1) violates this section or section 39, or
``(2) in a registration or license application or required
report, makes any untrue statement of a material fact or
omits to state a material fact required to be stated therein
or necessary to make the statements therein not misleading,

shall be fined not more than $1,000,000 or imprisoned not
more than 20 years, or both.''.
Page 242, after line 14, insert the following:

SEC. 832. REPORT ON CERTAIN ASPECTS OF UNITED STATES EXPORT
CONTROLS.

Not later than 180 days after the date of the enactment of
this Act, the President, taking into account the views of the
relevant Federal departments and agencies, shall transmit to
Congress a report on the plans of such departments and
agencies to streamline United States export controls and
processes to better serve the needs of the United States
scientific and research community, consistent with the
protection of United States national security interests.
Page 243, strike lines 19 through 23 and insert the
following:
(d) Formulation and Execution of Activities.--
(1) Coordination with certain programs.--To the extent that
activities are carried out during a fiscal year pursuant to
section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109-163: 119 Stat. 3456), the
Secretary of State shall coordinate with the Secretary of
Defense on the formulation and execution of the program
authorized under subsection (a) to ensure that the activities
under this program complement the activities carried out
pursuant to such section 1206.
(2) Consultation.--The Secretary of State may also consult
with the head of any other appropriate department or agency
in the formulation and execution of the program authorized
under subsection (a).
Page 252, after line 11, insert the following:
(d) Rule of Construction.--Nothing in this section shall be
construed to authorize appropriations for the Arrow Weapons
System or David's Sling weapons program under any provision
of law that is funded from accounts within budget function
050 (National Defense).
Page 264, beginning line 1, insert the following:
(3) Sense of congress.--It is the sense of Congress that,
to the extent practicable, and without compromising law
enforcement sensitive or other protected information, the
reports required by paragraph (1) should be made available to
the Congress of Mexico for use in their oversight activities,
including through the Mexico-United States Inter-
Parliamentary Group process.
Page 264, beginning line 17, strike ``develop a strategy
for the Federal Government to improve'' and insert
``evaluate''.
Page 264, line 24, insert ``and enforcement of current
regulations'' after ``regulation''.
Page 265, strike lines 1 through 5 and insert the
following:
(2) evaluate Federal policies, including enforcement
policies, for control of exports of small arms and light
weapons and, if warranted, suggest improvements that further
the foreign policy and national security interests of the
United States within the Western Hemisphere.
Strike section 912 and insert the following:

SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAFFICKING IN
SMALL ARMS AND LIGHT WEAPONS TO COUNTRIES IN
THE WESTERN HEMISPHERE.

Section 38 of the Arms Export Control Act (22 U.S.C. 2778),
as amended by sections 831(a) of this Act, is further
amended--
(1) in subsection (c), by striking ``Whoever'' and
inserting ``Subject to subsection (d), whoever,''; and
(2) by inserting after subsection (c) the following new
subsection:
``(d) Trafficking in Small Arms and Light Weapons to
Countries in the Western Hemisphere.--Whoever willfully
exports to a country in the Western Hemisphere any small arm
or light weapon without a license in violation of this
section shall be fined not more than $3,000,000 and
imprisoned for not more than 20 years, or both. For purposes
of this subsection, the term `small arm or light weapon'
means any item listed in Category I(a), Category III (as it
applies to Category I(a)), or grenades under Category IV(a)
of the United States Munitions List (as contained in part 121
of title 22, Code of Federal Regulations (or successor
regulations)) that requires a license for international
export under this section.''.
Page 267, strike lines 15 through 20.
Page 273, line 11, after the period insert the following:
``The United States should urge the European Union, its
member states, and the international community to call for an
immediate and complete withdrawal of Russian troops deployed
within Georgia in accordance with the August and September
2008 ceasefire agreements and for Russia to rescind its
recognition of the independence of Abkhazia and South
Ossetia.''.
Page 275, line 17, strike ``Congress'' and insert ``the
appropriate congressional committees and the Committee on
Armed Services

[[Page H6479]]

of the House of Representatives and the Committee on Armed
Services of the Senate''.
Page 281, after line 14, insert the following:

SEC. 1012. RECRUITMENT AND HIRING OF VETERANS AT THE
DEPARTMENT OF STATE AND UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT.

(a) Findings.--Congress finds the following:
(1) Building a more expeditionary and capable Department of
State and United States Agency for International Development
requires recruitment of personnel with experience working in
unstable areas.
(2) Veterans of the Armed Forces have specialized
experience gained from working under stressful circumstances
in hostile, foreign environments or under difficult
circumstances.
(3) The Foreign Service Act of 1980 states that ``The fact
that an applicant for appointment as a Foreign Service
officer candidate is a veteran or disabled veteran shall be
considered an affirmative factor in making such
appointments.''.
(4) In 1998, Congress enacted the Veterans Employment
Opportunities Act (VEOA), requiring that Federal agencies
must allow preference eligibles and certain veterans to apply
for positions announced under merit promotion procedures
whenever an agency is recruiting from outside its own
workforce.
(5) The annual report of the Office of Personnel Management
on ``The Employment of Veterans in the Federal Government''
for fiscal year 2007, detailing the efforts by all agencies
of the Federal Government to hire veterans, reported that
15.6 percent of all Department of State employees were
veterans.
(b) Sense of Congress.--It is the sense of Congress that
the Department of State and the United States Agency for
International Development should intensify their efforts to
recruit more veterans, that those applicants who are entitled
to five or ten point veterans preference have also served in
the Armed Forces in areas of instability with specialties
such as civil affairs, law enforcement, and assignments where
they regularly performed other nation-building activities,
and that this experience should be an additional affirmative
factor in making appointments to serve in the Foreign
Service.
(c) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State and the
Administrator of the United States Agency for International
Development shall jointly submit to Congress a report on the
efforts of the Department of State and the United States
Agency for International Development to improve the
recruitment of veterans into their respective workforces.
Page 304, line 7, insert ``contribute to peace and security
and'' before ``help''.
Page 304, strike line 17 and all that follows through page
305, line 15, and insert the following:
(A) assist partner countries to establish and strengthen
the institutional infrastructure required for such countries
to achieve self-sufficiency in participating in peace support
operations, including for the training of formed police
units;
(B) train peacekeepers worldwide to increase global
capacity to participate in peace support operations;
(C) provide transportation and logistics support to
deploying peacekeepers as appropriate;
(D) enhance the capacity of regional and sub-regional
organizations to train for, plan, deploy, manage, obtain, and
integrate lessons learned from peace operations;
(E) support multilateral approaches to coordinate
international contributions to peace support operations
capacity building efforts; and
Page 305, line 16, strike ``(H)'' and insert ``(F)''.
Page 306, after line 10, insert the following:
(4) Relation to other programs and activities.--The
activities described under paragraph (1)(F) may be
coordinated or conducted in conjunction with other foreign
assistance programs and activities of the United States, as
appropriate and in accordance with United States law.
Page 307, strike lines 12 through 14.
Page 307, line 15, strike ``(F)'' and insert ``(E)''.
Page 307, line 15, strike ``data'' and insert
``information''.
Page 307, line 19, strike ``(G)'' and insert ``(F)''.
Page 307, line 23, strike ``(H)'' and insert ``(G)''.
Page 307, line 23, strike ``data measuring'' and insert
``information concerning''.
Page 308, line 1, strike ``(I)'' and insert ``(H)''.
Page 308, beginning line 5, strike ``such sums as may be
necessary for each of fiscal years 2010 and 2011'' and insert
``$140,000,000 for fiscal year 2010 and such sums as may be
necessary for fiscal year 2011''.
Page 325, after line 19, insert the following:

SEC. 1114. MODERNIZATION AND STREAMLINING OF UNITED STATES
FOREIGN ASSISTANCE.

(a) Amendment.--Chapter 1 of part III of the Foreign
Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is amended by
inserting after section 608 the following new section:

``SEC. 609. MONITORING AND EVALUATION OF UNITED STATES
FOREIGN ASSISTANCE.

``(a) In General.--The Secretary of State should develop
and implement a rigorous system to monitor and evaluate the
effectiveness and efficiency of United States foreign
assistance. The system should include a method of
coordinating the monitoring and evaluation activities of the
Department of State and the United States Agency for
International Development with the monitoring and evaluation
activities of other Federal departments and agencies carrying
out United States foreign assistance programs, and when
possible with other international bilateral and multilateral
agencies and entities.
``(b) Elements.--In carrying out subsection (a), the
Secretary, under the direction of the President, should
ensure that the head of each Federal department or agency
carrying out United States foreign assistance programs--
``(1) establishes measurable performance goals, including
gender-sensitive goals wherever possible, for such programs;
``(2) establishes criteria for selection of such programs
to be subject to various evaluation methodologies, with
particular emphasis on impact evaluation;
``(3) establishes an organization unit, or strengthens an
existing unit, with adequate staff and funding to budget,
plan, and conduct appropriate performance monitoring and
improvement and evaluation activities with respect to such
programs;
``(4) establishes a process for applying the lessons
learned and findings from monitoring and evaluation
activities, including impact evaluation research, into future
budgeting, planning, programming, design and implementation
of such programs; and
``(5) establishes a policy to publish all evaluation plans
and reports relating to such programs.
``(c) Annual Evaluation Plans.--
``(1) In general.--In carrying out subsection (a), the
Secretary, under the direction of the President, should
ensure that the head of each Federal department or agency
carrying out United States foreign assistance programs
develops an annual evaluation plan for such programs stating
how the department or agency will implement this section.
``(2) Consultation.--In preparing the evaluation plan, the
head of each Federal department or agency carrying out United
States foreign assistance programs should consult with the
heads of other appropriate Federal departments and agencies,
governments of host countries, international and local
nongovernmental organizations, and other relevant
stakeholders.
``(3) Submission to congress.--Not later than 180 days
after the date of the enactment of this section, the head of
each Federal department or agency carrying out United States
foreign assistance programs should submit to the appropriate
congressional committees an evaluation plan consistent with
this subsection.
``(d) Capacity Building.--
``(1) For federal departments and agencies.--The Secretary,
under the direction of the President and in consultation with
the head of each Federal department or agency carrying out
United States foreign assistance programs, should take
concrete steps to enhance the performance monitoring and
improvement and evaluation capacity of each such Federal
department and agency, subject to the availability of
resources for such purposes, including by increasing and
improving training and education opportunities, and by
adopting best practices and up-to-date evaluation
methodologies to provide the best evidence available for
assessing the outcomes and impacts of such programs.
``(2) For recipient countries.--The Secretary is authorized
to provide assistance to increase the capacity of countries
receiving United States foreign assistance to design and
conduct performance monitoring and improvement and evaluation
activities.
``(e) Budgetary Planning.--The head of each Federal
department or agency carrying out United States foreign
assistance programs should request in the annual budget of
the department or agency a funding amount to conduct
performance monitoring and improvement and evaluations of
such programs, projects, or activities.
``(f) Report.--
``(1) In general.--Not later than one year after the date
of the enactment of this section, and in each of the two
subsequent years, the Secretary shall transmit to the
appropriate congressional committees a report on--
``(A) the use of funds to carry out evaluations under this
section;
``(B) the status and findings of evaluations under this
section; and
``(C) the use of findings and lessons learned from
evaluations under this section, including actions taken in
response to recommendations included in current and previous
evaluations, such as the improvement or continuation of a
program, project, or activity.
``(2) Publication.--The report shall also be made available
on the Department of State's website.
``(g) Definitions.--
``(1) In general.--In this section--
``(A) the term `appropriate congressional committees' means
the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate;
``(B) the term `Secretary' means the Secretary of State;
and
``(C) the term `United States foreign assistance' means--
``(i) assistance authorized under this Act; and

[[Page H6480]]

``(ii) assistance authorized under any other provision of
law that is classified under budget function 150
(International Affairs).
``(2) Terms relating to monitoring and evaluation.--In this
section--
``(A) the term `evaluation' means the systematic and
objective determination and assessment of the design,
implementation, and results of an on-going or completed
program, project, or activity;
``(B) the term `impact evaluation research' means the
application of research methods and statistical analysis to
measure the extent to which change in a population-based
outcome or impact can be attributed to United States program,
project, or activity intervention instead of other
environmental factors, including change in political climate
and other donor assistance;
``(C) the term `impacts' means the positive and negative,
direct and indirect, intended and unintended long-term
effects produced by a program, project, or activity;
``(D) the term `outcomes' means the likely or achieved
immediate and intermediate effects of the outputs of a
program, project, or activity;
``(E) the term `outputs' means the products, capital,
goods, and services that result from a program, project, or
activity; and
``(F) the term `performance monitoring and improvement'
means a continuous process of collecting, analyzing, and
using data to compare how well a program, project, or
activity is being implemented against expected outputs and
program costs and to make appropriate improvements
accordingly.
``(h) Funding.--Of the amounts authorized to be
appropriated for each United States foreign assistance
program for each of the fiscal years 2010 and 2011, not less
than 5 percent of such amounts should be made available to
carry out this section.''.
(b) Repeals of Obsolete Authorizations of Assistance;
Conforming Amendments.--
(1) Repeals.--The following provisions of the Foreign
Assistance Act of 1961 are hereby repealed:
(A) Section 125 (22 U.S.C. 2151w; relating to general
development assistance).
(B) Section 219 (22 U.S.C. 2179; relating to prototype
desalting plant).
(C) Title V of chapter 2 of part I (22 U.S.C. 2201;
relating to disadvantaged children in Asia).
(D) Section 466 (22 U.S.C. 2286; relating to debt-for-
nature exchanges pilot program for sub-Saharan Africa).
(E) Sections 494, 495, and 495B through 495K (22 U.S.C.
2292c, 2292f, and 2292h through 2292q; relating to certain
international disaster assistance authorities).
(F) Section 648 (22 U.S.C. 2407; relating to certain
miscellaneous provisions).
(2) Conforming amendment.--Section 135 of the Foreign
Assistance Act of 1961 (22 U.S.C. 2152h) is amended by
striking ``section 135'' and inserting ``section 136''.

SEC. 1115. GLOBAL HUNGER AND FOOD SECURITY.

(a) Statement of Policy.--It shall be the policy of the
United States to reduce global hunger, advance nutrition,
increase food security, and ensure that relevant Federal
policies and programs--
(1) provide emergency response and direct support to
vulnerable populations in times of need, whether provoked by
natural disaster, conflict, or acute economic difficulties;
(2) increase resilience to and reduce, limit, or mitigate
the impact of shocks on vulnerable populations, reducing the
need for emergency interventions;
(3) increase and build the capacity of people and
governments to sustainably feed themselves;
(4) ensure adequate access for all individuals, especially
mothers and children, to the required calories and nutrients
needed to live healthy lives;
(5) strengthen the ability of small-scale farmers,
especially women, to sustain and increase their production
and livelihoods; and
(6) incorporate sustainable and environmentally sound
agricultural methods and practices.
(b) Initiatives.--It is the sense of Congress that
initiatives developed to carry out subsection (a) should--
(1) be guided by a comprehensive strategy under
Presidential leadership that integrates the policies and
programs of all Federal agencies;
(2) be balanced and flexible to allow for programs that
meet emergency needs and increased investments in longer-term
programs;
(3) develop mechanisms that allow cash and commodity-based
resources to be effectively combined;
(4) define clear targets, benchmarks, and indicators of
success, including gender analysis, in order to monitor
implementation, guarantee accountability, and determine
whether beneficiaries achieve increased and sustainable food
security;
(5) employ the full range of diplomatic resources and
provide incentives to other countries to meet their
obligations to reduce hunger and promote food security; and
(6) work within a framework of multilateral commitments.
(c) Comprehensive Strategy to Address Global Hunger and
Food Security.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the President shall direct the
Secretary of State to develop and implement a comprehensive
strategy to address global hunger and food security with
respect to international programs and policies for--
(A) emergency response and management;
(B) safety nets, social protection, and disaster risk
reduction;
(C) nutrition;
(D) market-based agriculture, the rehabilitation and
expansion of rural agricultural infrastructure, and rural
development;
(E) agricultural education, research and development, and
extension services;
(F) government-to-government technical assistance programs;
(G) natural resource management, environmentally sound
agriculture, and responses to the impact of climate change on
agriculture and food production;
(H) monitoring and evaluation mechanisms; and
(I) provision of adequate and sustained resources,
including multiyear funding, to ensure the scale and duration
of programs required to carry out the United States
commitment to alleviate global hunger and promote food
security.
(2) Coordination with international goals.--In accordance
with applicable law, the Secretary of State shall ensure that
the comprehensive strategy described in paragraph (1)
contributes to achieving the Millennium Development Goal of
reducing global hunger by half not later than 2015 and to
advancing the United Nations Comprehensive Framework for
Action with respect to global hunger and food security,
including supporting the United Nations, international
agencies, governments, and other relevant organizations and
entities in carrying out the Comprehensive Framework for
Action.
(d) Reports.--
(1) In general.--The Secretary of State shall submit to the
President and Congress, not later than March 31, 2010, and
annually thereafter for the next two years, an annual report
on the implementation of the comprehensive strategy to
address global hunger and food security required under
subsection (c), including an assessment of agency
innovations, achievements, and failures to perform, and
policy and budget recommendations for changes to agency
operations, priorities, and funding.
(2) GAO.--Not later than two years after the date of the
enactment of this Act and two years thereafter, the
Comptroller General of the United States shall submit to
Congress a report evaluating the design, implementation, and
Federal Government coordination of a comprehensive strategy
to address global hunger and food security required on
subsection (c).

SEC. 1116. STATEMENT OF CONGRESS ON THE HUMANITARIAN
SITUATION IN SRI LANKA.

Congress makes the following statements:
(1) the United States welcomes the end to the 26-year
conflict in Sri Lanka between the Government of Sri Lanka and
the Liberation Tigers of Tamil Eelam;
(2) a durable and lasting peace will only be achieved
through a political solution that addresses the legitimate
aspirations of all Sri Lankan communities, including the
Tamils;
(3) the United States eagerly looks forward to the
Government of Sri Lanka's putting forward a timely and
credible proposal to engage its Tamil community and address
the legitimate grievances of its Tamil citizens so that peace
and reconciliation can be achieved and sustained;
(4) the United States supports the international
community's call for full and immediate access to
humanitarian relief agencies to camps for internally
displaced persons, and remains deeply concerned about the
plight of the thousands civilians affected by the civil war;
(5) the United States expects the Government of Sri Lanka
to abide by its commitments to allow access for
representatives of the responsible international
organizations throughout the screening and registration
process for internally displaced persons; and
(6) the United States welcomes the Government of Sri
Lanka's commitment to place the camps under civilian control
and ensure that such camps meet international humanitarian
standards, including the right to freedom of movement, as
well as Sri Lanka's pledge to release camp residents, reunite
them with separated family members and permit them to return
to their homes at the earliest possible opportunity.
Strike section 1122.
Strike section 1123.
Page 341, after line 18, insert the following:

SEC. 1129. SENSE OF CONGRESS RELATING TO THE MURDER OF UNITED
STATES AIR FORCE RESERVE MAJOR KARL D. HOERIG
AND THE NEED FOR PROMPT JUSTICE IN STATE OF
OHIO V. CLAUDIA C. HOERIG.

(a) Findings.--Congress finds the following:
(1) United States Air Force Reserve Major Karl D. Hoerig of
Newton Falls, Ohio, was a United States citizen and soldier
who admirably served his country for over 25 years and flew
over 200 combat missions.
(2) The State of Ohio has charged Claudia C. Hoerig with
aggravated murder in the case of State of Ohio v. Claudia C.
Hoerig.
(3) The State of Ohio charges that Claudia C. Hoerig, Karl
D. Hoerig's wife, allegedly purchased a .357 five-shot
revolver, practiced shooting the weapon, and then shot Karl
D. Hoerig three times, which led to his death on March 12,
2007.
(4) Claudia C. Hoerig fled to Brazil, and claims she is
both a citizen of the United States and Brazil.
(5) Brazil's constitution forbids extradition of its
nationals, but the United States and Brazil recognize and
uphold a Treaty of Extradition signed in 1964.

[[Page H6481]]

(6) Law enforcement officials are vigorously pursuing State
of Ohio v. Claudia C. Hoerig, the charge of aggravated murder
is internationally recognized, and the punishment, which is
not capital punishment, is internationally respected.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the alleged aggravated murder of United States Air
Force Reserve Major Karl D. Hoerig is deserving of justice,
and his family and friends deserve closure regarding the
murder of their loved one;
(2) the United States Government should, as a priority
matter, work with prosecutors in the State of Ohio, as well
as facilitate cooperation with the Government of Brazil, in
order to obtain justice in this tragic case; and
(3) a resolution of the case of State of Ohio v. Claudia
Hoerig is important to maintain the traditionally close
cooperation and friendship between the United States and
Brazil.

The CHAIR. Pursuant to House Resolution 522, the gentleman from
California (Mr. Berman) and a Member opposed each will control 10
minutes.
The Chair recognizes the gentleman from California.
Mr. BERMAN. Mr. Chairman, I yield myself as much time as I may
consume.
My amendment makes a number of changes. Many of these are minor or
technical amendments. Others address issues raised by other committees
that have a jurisdictional interest in the bill. However, there are a
number of other changes in my bill that are more substantive. For
example, the amendment takes care of requests by Members that are
generally unobjectionable even though substantive.
For example, the bill adds a provision that would allow the State
Department's growing Civilian Response Corps to enhance its capability
by drawing on locally employed staff who have significant expertise in
unstable environments.
It includes provisions to assist in the compensation for victims of
terrorism from the 1998 Nairobi bombing, drawing from a bill that we
passed last year on a bipartisan basis and supported by Mr. Jesse
Jackson, Mr. Roy Blunt, and our ranking member, Ileana Ros-Lehtinen.
The amendment also updates language currently in the bill, welcoming
the end of Sri Lanka's 26-year civil war between the government and the
Liberation Tigers of Tamil Ealam. These are provisions pushed
particularly by the gentleman from New York (Mr. McMahon), a member of
the committee. The United States, standing with the international
community, eagerly looks forward to the government of Sri Lanka's
putting forward a timely and credible proposal to engage its Tamil
community and address the legitimate grievances of its Tamil citizens
so that peace and reconciliation can be achieved and sustained. It also
includes two requests by Republican members of the Committee on Foreign
Affairs, including an amendment by Mr. Wilson from South Carolina, who
I agreed to work with during the markup at the committee. It also
increases the amount of funds for the State Department Inspector
General and the National Endowment For Democracy, as suggested by the
minority in their views on the bill.
This continues my efforts to include sensible Republican ideas into
H.R. 2410, even though I recognize that very few Republicans appear to
be prepared to support the legislation at this time.
In addition, my amendment would also begin the process of modernizing
our foreign assistance program by establishing a rigorous system to
monitor and evaluate the effectiveness and efficiency of U.S. foreign
assistance.
One of the greatest weaknesses of the current U.S. foreign aid
program is that it lacks a clear set of goals and objectives, and
there's no systematic plan for measuring results. Under my amendment,
the Secretary of State would coordinate the monitoring and evaluation
activities of the various agencies carrying out foreign aid activities,
and would report to the Congress on the findings and lessons learned
from such evaluations.
Finally, in recent days--and this is important--there has been
significant concern expressed that a provision in the bill authorizing
the Office of Global Women's Issues, an existing office at the State
Department that focuses on issues like education for women and girls,
political empowerment, and violence against women, somehow is a basis
for promoting or lobbying for abortion. That is simply not true. The
bill as reported out by the committee does not refer to abortion in any
way, nor does the office work on abortion issues. That office is
focused particularly on women in Iraq and in Afghanistan on the issues
of education and political empowerment that I just mentioned.
To reassure my colleagues, however, I have included in my amendment
the following new subsection:
``Nothing in this section, and in particular the duties of the office
described in subsection (c)''--that is the Office of Global Women's
Issues--``shall be construed as affecting in any way existing statutory
prohibitions against abortion or existing statutory prohibitions on the
use of funds to engage in any activity or effort to alter the laws or
policies in effect in any foreign country concerning the circumstances
under which abortion is permitted, regulated, or prohibited.''
This language makes it very clear that existing prohibitions on
lobbying for or using funds to promote abortion--including the Helms
amendment, the Leahy amendment and the Siljander amendment--remain in
effect and will continue to apply to the actions of the office. I
believe this confirms that the bill does not undermine current law in
any way and will reassure my colleagues on this issue.
I think this manager's amendment is a good amendment. I urge all my
colleagues to support it.
I reserve the balance of my time.
Mr. SMITH of New Jersey. Mr. Chairman, I claim the time in
opposition.
The CHAIR. The gentleman is recognized for 10 minutes.
Mr. SMITH of New Jersey. I yield myself as much time as I may
consume.
Mr. Chairman, at precisely the same time as President Barack Obama
continues to assiduously assure Americans, including graduates at Notre
Dame University last month, that he wants to reduce abortion at home
and abroad, his administration is aggressively seeking to topple pro-
life laws in sovereign nations, a clear, deeply troubling
contradiction.
First Mr. Obama rescinded the Mexico City policy, a pro-life Reagan-
era executive order, that ensured that the $500 million in population
control funds appropriated by Congress each year only went to foreign
nongovernmental organizations, family planning organizations, that did
not promote, lobby or perform abortions as a method of family planning.
As a result of Obama's new policy, pro-abortion organizations are now
flush with cash and will continue to get hundreds of millions of
dollars annually to push abortion around the world, all of it decoupled
from pro-life safeguards.
I mentioned the Mexico City policy, which is not on the floor today,
for context to underscore what is actually happening 24/7 in the Obama
administration. Add to this the fact that the administration has
stuffed pro-abortion activists, a literal who's-who from the abortion
rights organizations, in key gatekeeper positions, and you get the idea
and see that abortion is a serious undertaking by this administration.
Even the gatekeeper, the woman--and a fine woman--who heads up the U.S.
Agency For International Development, Wendy Sherman, used to be the
director of EMILY's List. So every dollar of foreign aid goes through
the person who used to be the director of EMILY's List.

{time} 1345

Yet Obama's international abortion agenda is unpopular and getting
increasingly unpopular with the American public. The Gallup Poll found
that by a margin of 65 percent to 35 percent, Americans opposed his
rescission of the Mexico City policy. And I would note parenthetically
that the most recent Gallup Poll from May 15th indicates that Americans
are clearly trending pro-life, with 51 percent calling themselves pro-
life and 42 percent calling themselves pro-choice. America is changing.
It is evolving in favor of life.
In late April, Mr. Chairman, we received our distinguished Secretary
of State at the Foreign Affairs Committee and I raised some issues that
concerned me with her. I noted that she had recently received the
Margaret Sanger Award in Houston on March 27th, and then in her speech,
which was on the U.S. Department of State's Web

[[Page H6482]]

site, she quoted that she was ``in awe of Margaret Sanger.'' She said
that ``Margaret Sanger's life and leadership was one of the most
transformational in the entire history of the human race and that
Sanger's work both here and abroad was not done.''
I pointed out that Sanger's legacy was indeed transformational, but
not for the better if one happens to be poor, disenfranchised, weak,
disabled, a person of color, an unborn child, or among the many so-
called undesirables, the disabled that Sanger would exclude and
exterminate from the human race.
Sanger's prolific writings dripped with contempt for those she
considered unfit to live. I have actually read many of Sanger's
articles and books. She was an unapologetic eugenicist and a racist who
said, ``The most merciful thing a family does for one of its infant
members is to kill it.''
She also said on another occasion, ``Eugenics is one of the most
adequate and thorough avenues to the issue of racial, political and
social problems.''
In her book, ``The Pivot of Civilization,'' Sanger devoted an entire
chapter which she entitled ``The Cruelty of Charity.'' Imagine that, a
chapter, ``The Cruelty of Charity,'' explaining a shockingly inhumane
case for the systematic denial of prenatal and maternal health care for
poor pregnant women.
She said, and I quote in pertinent part, ``Such benevolence is not
merely superficial and nearsighted.'' She said, ``It conceals a stupid
cruelty and leads to a deterioration in the human stock and the
perpetuation of defectives, delinquents and dependents.''
So it is to me and many Members who are pro-life extraordinarily
difficult to understand how anyone could be in awe of Margaret Sanger,
a person who made no secret whatsoever of views that were antithetical
to protecting fundamental human rights of the weakest and the most
vulnerable, and to suggest that her work remains undone around the
world, which the Secretary of State has done, is deeply troubling.
So I asked our Secretary of State, is the Obama administration
seeking in any way to weaken or overturn pro-life laws and policies in
African and Latin American countries, either directly or through
multilateral organizations, including and especially the United
Nations, the African Union, or the Organization of American States? And
I also asked her, does the United States' definition of reproductive
health include abortion?
Secretary of State Clinton was very clear, she was not ambiguous, and
in a radical departure from President Bush said that the
administration, the Obama administration, was entitled to advocate
abortion anywhere in the world.
Secretary Clinton went on to unilaterally redefine the term
``reproductive health'' to include abortion, even though that
definition isn't shared by the rest of the world, including and
especially in countries in Latin America and in Africa. That is
important, because the term ``reproductive health'' is found in
numerous UN consensus documents and action plans and in the laws of
countries worldwide.
On March 31st, for example, the UN Acting Deputy Assistant Secretary
for the Population, Refugee and Migration Bureau, told the UN that the
U.S. Government seeks to achieve universal access to reproductive
health and the promotion of reproductive rights. In light of the
Secretary of State's statement, that clearly means universal access to
abortion on demand.
By foisting abortion on the developing world via a new government
Office on Global Women's Issues, the Obama administration is
squandering America's political capital to enable the purveyors of
death to descend upon nation after nation to promote their deadly
wares.
Section 334 of the underlying legislation establishes an Office for
Global Women's Issues, and I suggested that we limit it, that it not
become a war room at the Department of State for the promotion of
abortion. If so, the predictable consequences are more dead children
and more wounded women.
Even Planned Parenthood's Guttmacher Institute has said that in most
countries it is common, after abortion is legalized, for abortion to
rise sharply for several years. Sharply. Contrary to what President
Obama says about reduction, the numbers go up.
I would like to ask the distinguished chairman, you know I asked
those questions of Secretary of State Clinton. Do you believe that such
activity, promotion of abortion, is prohibited under current law as
referenced by your amendment? Can this new office promote these kinds
of activities?
Mr. BERMAN. They cannot. If the gentleman is yielding on his time to
me, they cannot. You know, Abe Lincoln used to tell this story: If you
call a tail a leg, how many legs does a sheep have? And the answer is
four, because calling a tail a leg doesn't make it one.
No matter how many times the specter is raised, this office cannot do
and has no intention and no plans of doing anything to promote
abortions, coerce abortions, fund abortions or lobby for an abortion
policy.
It is an office that is focused generally on the issues of women's
political empowerment: should women have the right to vote, should they
be able to run for office, are they treated as equal citizens under the
law. It serves as a promoter of better education for women and girls
and a series of causes that you are known for caring about. And it does
not. It does not.
Mr. SMITH of New Jersey. Reclaiming my time, on the issue of
multilateral organizations like the Organization of American States,
the African Union and others, the United Nations, what can the role of
this new office be vis-a-vis the abortion issue and those multilateral
organizations?
Mr. BERMAN. If the gentleman will continue to yield, my view is that
that office cannot do through indirection, that is by going through
some agency, anything that it is not allowed to do on its own. And it
is not allowed to do the things that you are concerned about. And the
purpose of the manager's amendment----
The CHAIR. The gentleman from New Jersey's 10 minutes has expired.
Mr. SMITH of New Jersey. Will the gentleman yield 1 minute on his
time?
Mr. BERMAN. I will yield more time to discuss this, if you want, but
first I am going to yield 2 minutes to the gentleman from Maryland (Mr.
Ruppersberger), who has been waiting patiently. Then, if you want, we
can come back to this.
(Mr. RUPPERSBERGER asked and was given permission to revise and
extend his remarks.)
Mr. RUPPERSBERGER. I rise in support of H.R. 2410 and thank you for
yielding, Mr. Chairman.
As chairman of the Technical Tactical Subcommittee of the House
Intelligence Committee, I support a provision relative to the
International Traffic in Arms Regulations.
ITAR is a set of regulations that control the import and export of
defense-related technology and services on the U.S. Munitions List. In
1998, all commercial satellite components were added to the list of
restricted munitions exports with tougher licensing conditions. Our
Intelligence TNT Subcommittee has investigated ITAR's effect on our
satellite program, and it has clearly affected it in a negative way.
Before the 1998 restrictions went into effect, 73 percent of the
world market for commercial satellites went to U.S. companies. By the
year 2000, that figure had dropped to 27 percent. There are
technologies on this ITAR list that don't need to be, and foreign
companies are actually marketing their products as ``ITAR-free.'' Our
companies get weaker as theirs get stronger.
I approached Chairman Berman, who was also working on this issue with
his committee. Section 826 of this bill grants the President the
flexibility to remove simple, old, and widely available technology from
the new Munitions List. Our most militarily-sensitive technology will
remain.
I want to thank Chairman Berman and his staff for including this
language. Please vote for H.R. 2410.
The CHAIR. The gentleman from California has 3\1/2\ minutes
remaining.
Mr. BERMAN. I yield myself 2 minutes, Mr. Chairman.
Let me just lay out this Office of Global Women's Issues. First of
all, by law, by virtue of the Helms amendment and the Siljander
amendment and the Leahy amendment, it cannot and, by practice, it does
not and has no intention of serving as a vehicle for either abortion
policy or coercive abortion.

[[Page H6483]]

What does it do? It is dedicated to ensuring that women around the
world can realize their potential by fully participating in the
political, economic and cultural lives of their societies.
Women around the globe, and the gentleman from New Jersey knows this,
women are bought and sold like commodities and trafficked across
international borders for sexual exploitation. Young children are
married off to men old enough to be their grandfathers and have their
education and childhood abruptly ended. Girls have their bodies
mutilated in the name of culture or tradition, leading to complication
in childbearing and lifelong pain and incontinence. Young women are
slain by their own families for perceived and sometimes fictitious
infractions, simply because they are viewed less as human beings and as
symbols of human honor.
Women who become infected with HIV, often because of the infidelity
of their spouses, are shunned, lose their livelihoods or do not have
access to the medicines that could prolong their lives and prevent
transmission of the virus to their children.
I say to the gentleman, these causes and these concerns that I have
mentioned have always been at the forefront of the gentleman's own
concerns, and to hold this entire bill and this office hostage to a
desire to change abortion law I think is unfair.
I scrupulously avoided and the committee Democrats scrupulously
avoided any effort to change that law in the other direction, and I
think it is wrong to try to hijack this bill to hold it hostage for
those purposes.
I yield back the balance of my time.
The CHAIR. The question is on the amendment offered by the gentleman
from California (Mr. Berman).
The question was taken; and the Chair announced that the ayes
appeared to have it.
Mr. SMITH of New Jersey. Mr. Chairman, I demand a recorded vote.
The CHAIR. Pursuant to clause 6 of rule XVIII, further proceedings on
the amendment offered by the gentleman from California will be
postponed.

Amendment No. 2 Offered by Ms. Ros-Lehtinen

The CHAIR. It is now in order to consider amendment No. 2 printed in
part C of House Report 111-143.
Ms. ROS-LEHTINEN. I have an amendment at the desk.
The CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 2 offered by Ms. Ros-Lehtinen:
At the end of subtitle B of title IV, add the following:

SEC. 418. WITHHOLDING OF CONTRIBUTIONS EQUAL TO NUCLEAR
TECHNICAL COOPERATION PROVIDED TO IRAN, SYRIA,
SUDAN AND CUBA IN 2007.

The Secretary of State shall withhold $4,472,100 from the
United States contribution for fiscal year 2010 to the
regularly assessed budget of the International Atomic Energy
Agency.

The CHAIR. Pursuant to House Resolution 522, the gentlewoman from
Florida (Ms. Ros-Lehtinen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. ROS-LEHTINEN. Mr. Chairman, I yield myself such time as I may
consume.
The prospect of an Iranian regime brandishing nuclear weapons is a
nightmare scenario that we must stop if we are to avoid being forever
threatened with destruction. But the problem, Mr. Chairman, is not
confined to Iran. Following in its footsteps are countries such as
Syria, whose clandestine nuclear weapons program is only now coming to
light.
We and our allies must use the means at our disposal to prevent these
and other rogue regimes from realizing their deadly ambitions. We have
an opportunity today to cut off an important source of assistance to
the nuclear programs of Iran, Syria and other regimes, the help
provided by the International Atomic Energy Agency, the very
organization charged with preventing nuclear proliferation.
The Government Accountability Office recently released a scathing
report on the State Department's near total lack of oversight regarding
the nuclear assistance that the IAEA provides to member states,
especially to Iran, Syria, Cuba and Sudan.

{time} 1400

The GAO report noted that from 1997 to the year 2007, the
International Atomic Energy Agency's Technical Cooperation Program
provided over $55 million to these state sponsors of terrorism,
supposedly for ``peaceful purposes.'' But as the GAO report notes,
nuclear equipment, technology and expertise can be dual use, which
means capable of serving a peaceful purpose, but also useful in
contributing to nuclear weapons development.
The GAO report criticizes offices at the State Department for having
little or no idea what these programs actually consist of, much less
working to stop the most harmful among them.
Unfortunately, the bill before us contains no language that addresses
this serious problem, despite its authorization of the administration's
full request for over $100 million to be given to the IAEA.
The bill before us does not mandate that the State Department take
immediate action to implement the recommendations of the GAO. It does
not require our representatives at this Agency to do anything to
prevent additional nuclear assistance from going to Iran, from going to
Syria, other enemies of the United States. It does not even mention the
problem, Mr. Chairman.
By contrast, an extensive section of H.R. 2475, an alternative
Foreign Relations Authorization Act that I introduced earlier this
year, was devoted to reform the United Nations, including addressing
the specific problems of preventing the International Atomic Energy
Agency nuclear assistance going to state sponsors of terrorism and
countries in violation of their IAEA obligations. But none of that
language was included in the bill that we are considering today. And
that is why, Mr. Chairman, I'm offering this amendment.
What would this amendment do?
It would apply direct and unambiguous pressure on the International
Atomic Energy Agency to halt its assistance to those countries of
proliferation concern by withholding from the U.S. contribution almost
$4.5 million.
Why that amount?
That is equal to the amount that the Agency spent on nuclear
assistance to Iran, Syria, Cuba and Sudan in the year 2007, the most
recent fiscal year for which figures are available.
Opponents of my amendment may counter that denying funds to the IAEA
for any purpose will weaken its nonproliferation efforts. But let me be
clear, Mr. Chairman: this amendment does not affect safeguards or
inspections.
It is stunning to stand here and be forced to say that the
International Atomic Energy Agency's technical nuclear assistance is
adding to this threat; but it is, and we cannot let it continue.
Unfortunately, we cannot expect the cooperation of this Agency, the
IAEA, in fixing this problem because the Agency's attitude was summed
up by a senior official who, when pressed to explain the continuing
assistance to Iran and other state sponsors of terrorism, even as they
defy the Agency and the U.N. Security Council, stated that ``there are
no good countries and there are no bad countries.''
Faced with this extraordinary situation, Mr. Chairman, our only
option is to use our financial leverage to force the International
Atomic Energy Agency to stop helping our enemies' nuclear weapons
programs. The threat that we face from Iran and the multiplying nuclear
powers around the world grow every day.
If we are to defend ourselves, we must use every leverage that we
possess to stop this menace before it becomes a reality. My amendment
is an opportunity to do just that.
I ask my colleagues for their support.
Mr. Chairman, I reserve the balance of my time.
Mr. BERMAN. Mr. Chairman, could I ask if the gentlelady is finished.
Our side has the right to close. Then since I'll be the only speaker
and I have the right to close--
Ms. ROS-LEHTINEN. Absolutely, Mr. Chairman. If I could ask the
chairman how much time I have left.
The Acting CHAIR (Mr. Capuano). Does the gentleman from California
claim the time in opposition?
Mr. BERMAN. I do.
The Acting CHAIR. The gentlelady has used all her time allotted. The
gentleman from California is recognized for 5 minutes.

[[Page H6484]]

Mr. BERMAN. Mr. Chairman, I yield myself such time as I may consume,
up to 5 minutes.
I rise in opposition to the amendment. I share a lot of the ranking
member's concerns, fundamentally, about the countries named in her
amendment and about the issue of proliferation. But there are sort of
three different levels on which I think her amendment raises serious
doubts and causes me to want to oppose it.
The first is the assumption that withholding assessed contributions
produces the actions we want. We've had test cases of this.
Wouldn't it have been great if the money we withheld from the U.N.
population planning account had stopped coercive abortions in China?
Wouldn't it be great if the dues we are assessed to pay to the United
Nations had resulted in the kinds of reforms that eliminated the
questionable contact that the minority rightfully points to? There is a
real challenge to this assumption that the withholding is what achieves
the goal. We can wish it a lot, but it didn't always happen.
Secondly, there are some specific categories of programs here that
are involved and should be mentioned because, in some cases, they make
some sense. The technical assistance provided by IAEA is constructive
and supportive of a number of humanitarian needs, such as the
eradication of the tsetse fly in numerous African countries, the fruit
fly in Panama, improving cancer diagnosis and treatment in Tanzania,
Niger, Mali, Zambia and the Central African Republic, improvements in
agriculture in groundwater tracing. These are the kinds of programs
that are involved.
Once in a while there may be a project such as in Iran or Syria that
may provide a small amount of useful experience in general nuclear
science and radiology. But the most important part is to the extent
that some of these programs are about enhancing safety.
The U.S. is totally free on the board to vote against those projects
at the Board of Governors, and does so. The U.S. already denies extra
budgetary funding for technical cooperation projects for state sponsors
of terrorism, which the countries the gentlelady mentioned are.
However, the proposed amendment mandates the withholding, not of the
voluntary contributions, not of the extra budgetary support, but of the
U.S. regular dues to the IAEA.
So what does it do?
It hampers the Agency's primary function, which is the inspecting and
safeguarding of nuclear material in foreign countries. This is cutting
off your nose to spite your face.
The IAEA's technical assistance program is funded entirely from
voluntary contributions. The program that, understandably, concerns the
gentlelady is not from the assessed contributions. It's from the
voluntary contributions. The amendment is not focused on the voluntary
contributions. It's focused on the assessed contributions.
So what will we do? We'll end up cutting the funds that would
otherwise be used by the IAEA to ensure that states are not diverting
nuclear material from peaceful to military purposes--pretty serious
concern--inspections that are in the direct national security interest
of the United States. That's what we're cutting.
So that's why I think the amendment, not by its intention, and not
even by its focus on these programs, we could live without those
programs, but its focus on cutting the assessed dues to the most
important functions for the United States of the IAEA makes no sense,
and I urge a ``no'' vote.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Ros-Lehtinen).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Ms. ROS-LEHTINEN. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.

Amendment No. 3 Offered by Mr. Polis

The Acting CHAIR. It is now in order to consider amendment No. 3
printed in part C of House Report 111-143.
Mr. POLIS. I have an amendment made in order by the rule, and I ask
for its immediate consideration.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 3 offered by Mr. Polis:
Page 26, line 21, insert ``and, if practicable, made
available over the internet'' after ``general public''.
Page 27, line 7, insert before the period the following:
``, including making such films available over the internet,
if practicable''.
Page 27, line 16, insert ``, including online outreach,''
after ``resource centers''.
At the end of subtitle C of title III, insert the
following:

SEC. 3__. BROADENING EXPERIENCE WITHIN THE FOREIGN SERVICE.

Not later than 180 days after the date of the enactment of
this Act, the Secretary of State, acting through the Director
of the Foreign Service, shall submit to the appropriate
congressional committees a detailed plan to increase the
career incentives provided to Foreign Service officers to
serve in bureaus and offices of the Department of State not
primarily focused on regional issues, including the Bureau of
Democracy, Human Rights and Labor, the Bureau of Oceans and
International Environmental and Scientific Affairs, and the
Bureau of Population, Refugees and Migration. In formulating
such plan, the Secretary shall consult with a broad range of
active and retired Foreign Service officers and current and
former officials of the Department to elicit proposals on how
to promote non-regional assignments, and shall consider--
(1) requiring all Foreign Service officers to serve at
least two years in an bureau or office of the Department not
primarily focused on regional issues prior to joining the
Senior Foreign Service; and
(2) changing the composition of Foreign Service selection
boards to increase the participation of Department personnel
with extensive experience in bureaus and offices of the
Department not primarily focused on regional issues.

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from Colorado (Mr. Polis) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Colorado.
Mr. POLIS. Mr. Chairman, I rise today to offer an amendment to the
Foreign Relations Authorization Act for Fiscal Years 2010 and 2011.
I applaud and thank Chairman Berman and his staff for their hard work
and their dedication to this important issue. This legislation truly
represents a renewed emphasis on meaningful dialogue and strong
diplomacy as it sets forth to increase our number of Foreign Service
officers, grow our Peace Corps mission, develop new educational and
cultural exchange programs, and expand our public diplomacy efforts.
Mr. Chairman, my amendment calls on the Department, as part of the
public outreach and public diplomacy efforts, to make materials found
in libraries, resource centers and film screenings available online to
help showcase United States culture, society and values in history to
as many individuals as possible. It also adds online outreach as an
evaluation criteria for our public outreach efforts.
The Internet has made the world a smaller place, making it easier to
share information globally in just a matter of seconds. It's imperative
that we utilize the Internet as a means of public diplomacy and
continue to explore the effectiveness of online outreach.
My amendment also tasks the State Department with diversifying the
experience of Foreign Service officers. Through creative diplomacy and
hard work in often harsh conditions, our Nation's top diplomatic corps
make an enormous contribution to global peace and stability and to the
way in which our Nation is viewed overseas. However, many of the best
and brightest Foreign Service officers feel forced to focus exclusively
on a region or country, frequently avoiding critical assignments in
nonregional bureaus, to the detriment of those offices and causes. They
aren't avoiding these assignments because they don't care about these
issues without borders, like human rights, the environment or refugees
issues, but rather because the State Department's promotion system
strongly favors those Foreign Service officers who focus on country-
specific or regional assignments.
My amendment is designed to correct this inequity and to pave the way
for a more balanced and effective diplomatic corps. It requires that
the Secretary of State, acting through the Director General of the
Foreign Service, submit a detailed plan to Congress on how the

[[Page H6485]]

Department will increase career incentives for Foreign Service officers
to serve in bureaus and offices not primarily focused on regional
issues.
We further ask that the Department consider requiring all Foreign
Service officers to serve at least 2 years in a bureau or office that's
not focused exclusively on a regional issue before joining the Senior
Foreign Service.
The amendment also recommends that a composition of Foreign Service
selection boards include the participation of Department personnel with
extensive experience in nonregional assignments. I believe this
amendment will help shake up the current system of promotion in the
Foreign Service, and result in a stronger and better diplomatic corps
that's able to apply lessons learned from throughout the globe with
deep sector expertise when tackling issues such as human rights, the
environment, population and refugees.
I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Chairman, I ask unanimous consent to claim time
in opposition, even though I do not oppose the substance of the
amendment.
The Acting CHAIR. Without objection, the gentlewoman from Florida is
recognized for 5 minutes.
There was no objection.
Ms. ROS-LEHTINEN. Mr. Chairman, the amendment by the gentleman from
Colorado has three main components, none of which I find inherently
objectionable.
Most significantly, it would require the State Department to report
to Congress with a plan on providing appropriate career incentives for
Foreign Service officers to serve in nonregional bureaus of the
Department, such as the human rights and refugee-focused bureaus.
And, secondly, it would clarify that some of the new public diplomacy
efforts required by the underlying bill also should make use of the
Internet for online research. And even while some question the fiscal
wisdom of the underlying provisions, these changes do not exacerbate
those flaws. I do not intend to oppose this amendment.
I yield back.
Mr. POLIS. Mr. Chairman, I yield such time as he may consume to the
chairman of the Foreign Relations Committee, Mr. Berman of California.
Mr. BERMAN. Mr. Chairman, I thank the gentleman for yielding. I thank
him for his excellent amendment. I strongly support it because it
basically works to encourage the development of the fundamental skills
of the Foreign Service.

{time} 1415

It seeks to broaden the skill set of the Foreign Service by requiring
this plan to increase career incentives provided to Foreign Service
officers to serve in the bureaus and offices of the Department not
primarily focused on regional issues, including the Bureau of
Democracy, Human Rights and Labor, Bureau of Oceans and International
Environment, and the Bureau of Population, Refugees and Migration.
It asks the Secretary to consider requiring all Foreign Service
officers to serve at least 2 years in a bureau office of the Department
not primarily focused on regional issues. And it takes a look at the
whole issue of changing the composition of the Selection and Promotion
Board to increase the participation of those Foreign Service officers
with extensive experience in the nonregional bureaus. Very important.
There was a tendency in the past that gets entrenched that the way you
get ahead in the Foreign Service is you work in the regional bureaus,
you work in the political or the economic aspect of that. And the
result is that critical issues involving functional programs and these
other bureaus are neglected. We want the best and the brightest in all
these different areas, and we should look to remove any internal biases
that disincentivize that activity.
I thank the gentleman.
Mr. POLIS. Mr. Chairman, as the State Department attempts to restore
its role as the face of the United States Government abroad, it is
crucial that Congress provide our diplomats with the resources and the
guidance they need to once again make American diplomacy a top
priority.
This legislation is further strengthened by my amendment, which
expands public outreach online and encourages the Foreign Service to
promote a more diverse set of experiences for its officers, including
its senior officers.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Colorado (Mr. Polis).
The amendment was agreed to.

Amendment No. 4 Offered by Mr. Hunter

The Acting CHAIR. It is now in order to consider amendment No. 4
printed in part C of House Report 111-143.
Mr. HUNTER. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 4 offered by Mr. Hunter:
In section 911(c), redesignate paragraphs (3) and (4) as
paragraphs (4) and (5).
In section 911(c), insert after paragraph (2) the
following:
(3) the Secretary of Defense;

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from California (Mr. Hunter) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. HUNTER. Mr. Chairman, I yield myself as much time as I may
consume. And I broke the podium.
The amendment I am offering today to H.R. 2410, the Foreign Relations
Authorization Act, is straightforward. It simply adds the Secretary of
Defense to the Task Force on Prevention of Illicit Small Arms
Trafficking in the Western Hemisphere that is created under this
legislation.
The stated purpose of this task force is to develop a strategy and
integrated Federal policies to better control the export of small arms
and light weapons in a manner that furthers the foreign policy and
national security interests of the United States in the Western
Hemisphere.
While this task force is comprised of the Secretaries of State and
Homeland Security and the Attorney General, all of whom should be
members of this task force, it does not include perhaps the most
important player in global countertrafficking operations, the Secretary
of Defense.
The Department of Defense plays an important role in U.S. security
cooperation and assistance worldwide, particularly with governments and
militaries throughout the Western Hemisphere. These relationships are
critical to our efforts to promote peace and stability in our region of
the world, and intelligence and operational support provided by our
military are an integral part of this shared responsibility.
Given the Department of Defense's role as an interagency partner in
countertrafficking and U.S. export control activities, it should not be
excluded, I don't think, in any way from being a primary member of this
task force. Whatever this task force puts forward in the way of policy
recommendations will be closely evaluated by Congress as we work to
address the serious problems of weapons trafficking in our hemisphere.
It is important that these findings and recommendations fully represent
the role and contributions of those departments primarily involved in
combating arms trafficking, protecting U.S. security, and advancing our
foreign policy objectives. And I would like to add, Mr. Chairman, that
the Deputy Assistant Secretary of Defense for the Western Hemisphere,
Secretary Mora, agrees with this amendment.
Mr. BERMAN. Would the gentleman yield?
Mr. HUNTER. Absolutely, I yield.
Mr. BERMAN. I thank the gentleman for yielding.
While the gentleman may have broken the podium, his amendment does
not break the task force; it improves it. The Secretary of Defense
should be a member of that task force, and this amendment simply
establishes that rather than leave it to the Secretary of State's
discretion. That's fine with me.
I support the amendment and urge its adoption. I thank the gentleman
for yielding.
Mr. ENGEL. Mr. Chair, I rise today in strong support of the amendment
offered by the gentleman from California--Mr. Hunter--to a provision
that I authored in this bill creating a Task Force on the Prevention of
Illicit Small Arms Trafficking in the Western Hemisphere.
While recent media attention has focused on the high number of guns--

[[Page H6486]]

some 90%--recovered from crime scenes in Mexico that are originally
from the United States, this is not just a Mexico issue. In February, I
led a congressional delegation to Mexico and Jamaica. In Jamaica, Prime
Minister Golding told me that 90% of the guns recovered in Jamaica also
originate in the U.S.
This provision requires the President to create an inter-agency task
force--chaired by the Secretary of State--charged with developing a
strategy for the federal government to coordinate efforts to reduce and
prevent illegal firearms trafficking from the U.S. throughout the
Western Hemisphere.
Currently, the U.S. government has no cohesive strategy to combat
small arms trafficking in the Western Hemisphere. Since our inability
to control firearms leaving the U.S. creates this problem in the first
place, we must do more.
This provision helps us to view the illegal firearms trafficking
issue holistically, rather than just focusing on one or two countries.
The October 2007 United States-Mexico Joint Statement announcing the
Merida Initiative said that the U.S. would ``intensify its efforts to
address all aspects of drug trafficking . . . and continue to combat
trafficking of weapons and bulk currency to Mexico.''
With this provision, we are not simply living up to our commitment to
Mexico, but are also taking responsibility for our unfortunate
contributions to drugs and violence throughout the Western Hemisphere.
Mr. Hunter's amendment adds the Secretary of Defense to the task
force which already includes the Secretary of State, the Attorney
General and the Secretary of Homeland Security. I believe this is a
positive addition to my provision.
The presence of the Secretary of Defense on the task force will help
address reports made that some firearms recovered in crime scenes in
Mexico and elsewhere come from U.S. military arsenals. While I have
seen no evidence to support such allegations, if this is in fact true,
we must find out what happened to ensure that the practice ends
immediately.
Mr. Chair, I thank Mr. Hunter for offering this amendment, and I urge
my colleagues to support it.
Mr. HUNTER. Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from California (Mr. Hunter).
The amendment was agreed to.

Amendment No. 5 offered by Mr. Nadler of New York

The Acting CHAIR. It is now in order to consider amendment No. 5
printed in part C of House Report 111-143.
Mr. NADLER of New York. Mr. Chairman, I have an amendment at the desk
made in order by the rule.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 5 offered by Mr. Nadler of New York:
At the end of subtitle B of title XI, add the following:

SEC. 11__. SENSE OF CONGRESS REGARDING PENSION PAYMENTS OWED
BY THE STATES OF THE FORMER SOVIET UNION.

It is the sense of Congress that the United States should
continue working with the states of the former Soviet Union
to come to an agreement whereby each state of the former
Soviet Union would pay the tens of thousands of beneficiaries
who have immigrated to the United States the pensions for
which they are eligible and entitled.

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from New York (Mr. Nadler) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. NADLER of New York. Mr. Chairman, I rise in support of my
amendment, which expresses the sense of Congress that we should
continue working with the states of the former Soviet Union to see that
immigrants from those states now in the United States are paid their
government pensions that they earned while working in the former Soviet
Union.
The United States has bilateral agreements with many of the nations
to address cross-country government pension coverage. While these
agreements can structure and coordinate such pension coverage in
different ways, the important point is that under most circumstances
government pensions are treated with reciprocity. In other words, with
respect to countries with which we have arrangements, those countries
pay the pensions that they earned while working in those countries to
citizens of the United States who now live here. And by the same token,
we pay Social Security to Americans who are now citizens of a foreign
country if they earned the Social Security while working here.
We do not have such arrangements with any of the states of the former
Soviet Union--with Russia, Ukraine, Belarus, and so forth. This is
critically important because millions of people had no choice but to
flee the repressive former Soviet Union in the 1970s, 1980s and 1990s.
Several hundred thousand of these people now live in the United States
and were forced to renounce their citizenship and their rights of
citizenship in the Soviet Union in order to be allowed to leave.
Thousands of these people live here, and in spite of having worked 30
or 40 years and earning pension rights in the states of the former
Soviet Union, they do not receive pensions from any of the successor
states.
So this amendment simply is a sense of the Congress urging the State
Department to continue trying to negotiate such arrangements with the
states of the former Soviet Union so that the former citizens of those
countries who now are citizens of the United States and live here can
receive the pensions they earned while living in Russia.
This should be a no-brainer. It simply urges the State Department to
continue efforts to negotiate such arrangements with those states, as
we have with many other states. I urge its adoption.
Mr. Chairman, I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise to claim time in opposition
even though I do not oppose the substance of the amendment.
The Acting CHAIR. Without objection, the gentlewoman from Florida is
recognized for 5 minutes.
There was no objection.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise in support of Congressman
Nadler's amendment, which, as he explained, expresses the sense of
Congress that the United States should continue working with all former
states of the Soviet Union to come to an agreement whereby each former
state of the Soviet Union would pay the tens of thousands of
beneficiaries who have emigrated to the United States the pensions for
which they are eligible and entitled.
Over the past several decades, many of the tens of thousands of
immigrants who had come to the U.S. from these former Soviet Union
states had earlier earned pensions working in their former home
countries; however, most often they have been unable to collect what is
owed to them.
I support Congressman Nadler's amendment to work with the government
of the former Soviet states to come to agreements whereby these states
would pay the pensions to those entitled beneficiaries who have
emigrated to the United States. It's the right thing to do. Further,
Mr. Chairman, it would likely result in a lighter burden for U.S.
taxpayers and the programs that their taxes fund to aid the elderly.
Mr. NADLER of New York. Mr. Chairman, I now yield 1 minute to the
distinguished chairman of the Foreign Affairs Committee, Mr. Berman.
Mr. BERMAN. I thank the gentleman for yielding, and I thank him for
his amendment. I strongly support it.
A number of immigrants to the United States from the former Soviet
Union worked for decades in the Soviet-run industries, contributed to
the state's social security system, and expected to receive their
rightful pensions when they reached the requisite age. For a variety of
reasons beyond their control, they haven't received their pensions. And
some of these workers were forced to renounce their citizenship when
they moved to the United States.
As many of the former Soviet states refuse to pay pensions to those
who are no longer citizens, these elderly individuals face a
bureaucratic nightmare in seeking to reclaim their rights. This
amendment expresses our sense of Congress that we should work with the
former Soviet states to establish a workable system that enables the

[[Page H6487]]

workers to claim pensions that are rightfully theirs. It is
appropriate. It's right. And I support the amendment and urge its
adoption.
Mr. NADLER of New York. Mr. Chairman, I yield myself the remaining
time.
I simply want to thank the distinguished chairman of the committee,
Mr. Berman, and the ranking member, Ms. Ros-Lehtinen, for supporting
this amendment. I know of no opposition. I urge everyone to vote for
it. It is the fair and right thing to do, so I hope everyone will vote
for it.
Mr. Chairman, I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Nadler).
The amendment was agreed to.

Amendment No. 6 Offered by Mr. McCaul

The Acting CHAIR. It is now in order to consider amendment No. 6
printed in part C of House Report 111-143.
Mr. McCAUL. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 6 offered by Mr. McCaul:
At the end of subtitle A of title XI, add the following:

SEC. 11__. COMPREHENSIVE INTERAGENCY STRATEGY AND
IMPLEMENTATION PLAN FOR SUDAN.

(a) Strategy and Plan.--Not later than 60 days after the
date of the enactment of this Act, the President shall
develop and transmit to the appropriate congressional
committees a comprehensive interagency strategy and
implementation plan, which may include a classified annex, to
address the ongoing and inter-related crises in Sudan and
advance United States national security and humanitarian
interests in Sudan, which shall include the elements
specified in subsection (c).
(b) Elements.--The comprehensive interagency strategy and
implementation plan required under subsection (b) shall
contain at least the following elements:
(1) Consistent with section 1127, a description of a
comprehensive policy toward Sudan which balances United
States interests in--
(A) resolving the conflict in Darfur;
(B) implementing the Comprehensive Peace Agreement (CPA)
and promoting peace and stability in Southern Sudan;
(C) resolving long-standing conflicts in Abyei, Blue Nile,
and Southern Kordofan;
(D) advancing respect for democracy, human rights, and
religious freedom throughout the country;
(E) addressing internal and regional security; and
(F) combating Islamist extremism.
(2) Progress toward achieving the policy objectives
specified in paragraph (1), including--
(A) facilitating the full deployment and freedom of
movement of the hybrid United Nations-African Union Mission
in Darfur;
(B) ensuring access and security for humanitarian
organizations throughout the country including, as
appropriate, those organizations that wrongfully have been
expelled by the Sudanese regime;
(C) promoting reconciliation within and among disparate
groups;
(D) advancing regional security and cooperation while
eliminating cross-border support for armed insurgents;
(E) meeting the CPA benchmarks, including preparations for
the conduct of national elections and referendum; and
(F) shutting down safe havens for extremists who pose a
threat to the national security of the United States and its
allies.
(3) A description of how United States assistance will be
used to achieve the objectives of United States policy toward
Sudan, including a financial plan and description of
resources, programming, and management of United States
foreign assistance to Sudan and the criteria used to
determine their prioritization.
(4) An evaluation and description of additional measures
that will be taken to advance United States policy, which may
range from--
(A) application of multilateral sanctions by the United
Nations or regional allies, or expansion of existing United
States sanctions;
(B) imposition of a no-fly zone or other coercive measures;
or
(C) rapprochement with the Sudanese regime or other
diplomatic measures.
(5) A complete description of both the evaluation process
for reviewing and adjusting the strategy and implementation
as necessary, and measures of effectiveness for the
implementation of the strategy.
(c) Updates of Strategy.--The President shall transmit in
writing to the appropriate congressional committees any
updates of the comprehensive interagency strategy and
implementation plan required under subsection (b), as
necessary.

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from Texas (Mr. McCaul) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. McCAUL. Mr. Chairman, as one of the Chairs of the Congressional
Sudan Caucus, I am proud to offer this amendment to require the
administration to, within 60 days, submit to Congress a comprehensive
plan to address the ongoing atrocities in Sudan.
July 22, 2009, will mark the 5-year anniversary of the declaration by
the United States Congress that the atrocities occurring in the Darfur
region of Sudan constitute genocide. It was an historic resolution
because it represented for the first time that Congress had made such a
determination while the killings were actually taking place.
Today, innocent civilians in Darfur are still suffering from genocide
directed by a callous regime determined to hang on to power at any
cost. They are dying at the hands of the Janjaweed, also known as ``the
devil on horseback.''
The United States for years has been seeking to help find ways to
ease the suffering in Darfur and find a lasting political solution to
each of the interrelated crises in Sudan. We've passed resolutions,
imposed economic and travel sanctions, frozen assets, and enabled
divestment from companies linked to the Sudanese regime. The United
States has led efforts at the United Nations and with bilateral
partners to meet humanitarian needs while pressing for the full
deployment of peacekeeping missions to help protect civilians.
In addition to supporting efforts to negotiate and implement the
Darfur Peace Agreement, the United States also was at the forefront of
efforts to resolve the conflict in southern Sudan, a conflict which has
left over 2 million people dead and another 4 million displaced.
Today, there is universal acknowledgement that if the comprehensive
peace agreement between the north and south fails, there can be little
hope for Darfur. Unfortunately, the terms of this peace agreement have
not yet been fully implemented, and observers consistently warn that it
could fail at any time.
With the national elections due this year and reports of deadly
conflict within and among various armed groups on the rise, the stakes
could not be higher. During the presidential campaign, each of the
candidates assured voters that Sudan would be a major priority for
their administrations and spoke of robust actions that would need to be
taken in order to resolve Sudan's multiple conflicts.
While serving in the United States Senate, President Barack Obama
called for oil sanctions and the imposition of a no-fly zone over
Darfur. While working for the Brookings Institution, U.S. Ambassador to
the U.N. Susan Rice went so far as to call for military action against
the Sudanese regime. But then on April 22, 2009, almost exactly 1 year
after then-Senator Obama condemned the supposed efforts by the previous
administration to normalize relations with Khartoum as a ``reckless and
cynical initiative,'' his Special Envoy for Sudan, Scott Gration,
announced, ``The United States and Sudan want to be partners, and so we
are looking for opportunities for us to build a stronger bilateral
relationship.''
Obviously, this bold statement sent conflicting messages to observers
and caused a great deal of confusion here in the Congress, where Sudan
has such a high priority for Democrats and Republicans alike.

{time} 1430

Implementing this comprehensive strategy will advance respect for
democracy, human rights, and religious freedom throughout Sudan. It
will address internal regional security while combating Islamic
extremism. And by advancing regional security and cooperation, it will
eliminate cross-border support for armed insurgents, and it will shut
down safe havens for extremists who pose a threat to the national
security of the United States and its allies.
During committee debate on an amendment offered by the gentlewoman
from Texas (Ms. Jackson-Lee) regarding Sudan, it became clear that
there is universal agreement on both sides of the aisle that the United
States needs a coordinated, comprehensive strategy for Sudan which
balances the United States' imperatives in Darfur and in southern
Sudan.

[[Page H6488]]

This amendment simply goes one step further by giving the current
administration the opportunity to resolve any outstanding issues with
regard to the United States' policy towards Sudan by formulating such a
strategy and reporting that strategy back to the United States
Congress.
Mr. Chairman, I reserve the balance of my time.
Mr. BERMAN. Mr. Chairman, I rise to claim the time in opposition even
though I don't oppose the amendment.
The Acting CHAIR. Without objection, the gentleman from California is
recognized for 5 minutes.
There was no objection.
Mr. BERMAN. Mr. Chairman, the gentleman's amendment encourages the
administration to create a Comprehensive Interagency Strategy and
Implementation Plan for Sudan. I have spoken with Mr. McCaul about his
proposal and agree that developing a coherent approach to the situation
in Sudan is critical. The United States must make every effort to
address the ongoing and interrelated crises in Sudan. The U.S. should
work towards a stable and lasting peace in a region that has seen so
many tragedies in recent years.
I have no objection to this amendment, and I look forward to working
with Mr. McCaul on this provision as the bill moves through the
process.
Mr. Chairman, I reserve the balance of my time.
Mr. McCAUL. Mr. Chairman, I urge support for this amendment, and I
yield back the balance of my time.
Mr. BERMAN. Mr. Chairman, I am pleased to yield the balance of my
time to the gentleman from California (Mr. Farr).
Mr. FARR. Thank you, Chairman Berman, and thank you, Ranking Member
Ileana Ros-Lehtinen.
I rise not on this amendment but just to make a comment on the Peace
Corps because I was just thinking, as hearing about the amendment, that
had we fulfilled John F. Kennedy's dream in the 1960s to have 100,000
Peace Corps volunteers serving overseas throughout the 1960s, 1970s,
1980s, 1990s, and this decade, we might have avoided the disaster in
Sudan. And I want to commend the committee because on the 50th
anniversary of the Peace Corps, which is in 2011, we have now only
6,000 volunteers serving in 78 countries, and the price tag of that is
less than one weapons system. It's a drop in the bucket; $350 million
for that incredible service that we are having from our country.
And what I want to commend the committee on and all of them is the
strong support for strengthening U.S. diplomacy with a consistent new
vision for a global engagement, and I think that's the global
engagement that President Obama has promised this country and is now
seeing delivered. And with that, this bill authorizes an increase in
Peace Corps funding and will allow the Peace Corps to build to the
point where we have 20 countries that are asking for Peace Corps
volunteers.
We have about 12,000 people a year that volunteer to go in the Peace
Corps, that sign up, and we can only take 4,000. That's all we can
afford. So all of these 20 countries have been waiting in line and
haven't been able to get attention to adding Peace Corps. And what's
interesting is that, as I have sort of dealt with some other issues
here, for example, on food hunger in sub-Saharan Africa, I just
recently read a report by the Chicago Council on Global Affairs. It
called for 300 to 600 new volunteers in sub-Saharan Africa to work on
agriculture as a step toward America's reasserting global leadership in
the fight against hunger and food insecurity. The point was that the
only way you're going to really deliver that effort is by getting
people who are going to live in the community, who are going to live on
the ground and work with people in the fields, and the only
organization we have that does that in the Federal Government is the
U.S. Peace Corps.
I don't know if you saw it today, but what the committee did in
strengthening this provision of the bill, the new Rwanda President,
Paul Kagame, who is the President of the Republic of Rwanda, wrote a
letter, and I will just paraphrase parts of his letter:
``We view the return of the Peace Corps as a significant event in
Rwanda's recovery. These young men and women represent what is good
about America. I have met former volunteers who have run major aid
programs here, invested in our businesses, and I even count them among
my friends and close advisors.''
He goes on to say: ``While some consider development mostly in terms
of infusion of capital, budgets, and head counts, we in Rwanda place
equal importance to relationships between peoples who have a passion to
learn from one another, preparing the next generation of teachers,
administrators, and CEOs to see the exchange of values and ideas as the
way to build the competencies of our people and to create a prosperous
nation.
``We will do this because we see that the only investment with the
possibility of infinite returns is in our children, and because after a
couple of years in Rwanda, working and learning with our people, these
Peace Corps volunteers will be our sons and daughters, too.''
There is no more loved organization in the world than the United
States Peace Corps. And at this time when American image abroad has
been suffering in many ways, it keeps growing in this particular
service. So as a return Peace Corps volunteer, I am very thankful and
delighted that this committee grew the Peace Corps to the demand out
there in the world and among the Americans who want to serve. I want to
thank you for that.
I will submit President Kagame's statement in the Record.

A Different Discussion About Aid

The United States of America has just sent a small number
of its sons and daughters as Peace Corps volunteers to serve
as teachers and advisors in Rwanda. They have arrived to
assist, and we appreciate that. We are aware that this comes
against the backdrop of increasingly scarce resources, of
budget discussions and campaign promises, and of tradeoffs
between defense and domestic priorities like health care and
infrastructure investments. All that said, I believe we need
to have a different discussion concerning the potential for
bilateral aid.
The Peace Corps have returned to our country after 15
years. They were evacuated in 1994 just a short time before
Rwanda collapsed into a genocide that killed over one million
people in three months. Things have improved a lot in recent
years. There is peace and stability throughout the nation. We
have a progressive constitution that is consensus-driven,
provides for power sharing, embraces diversity, and promotes
the participation of women, who now represent the majority in
our parliament. Our economy grew by more than 11 percent last
year, even as the world entered a recession. We have chosen
high-end segments of the coffee and tea markets in which to
compete, and attract the most demanding world travelers to
our tourism experiences. This has enabled us to increase
wages by over 20 percent each year over the last eight
years--sustained by, among other things, investment in
education, health and ICT.
We view the return of the Peace Corps as a significant
event in Rwanda's recovery. These young men and women
represent what is good about America; I have met former
volunteers who have run major aid programs here, invested in
our businesses, and I even count them among my friends and
close advisors.
Peace Corps volunteers are well educated, optimistic, and
keen to assist us as we continue to rebuild, but one must
also recognize that we have much to offer them as well.
We will, for instance, show them our system of community
justice, called Gacaca, where we integrated our need for
nationwide reconciliation with our ancient tradition of
clemency, and where violators are allowed to reassume their
lives by proclaiming their crimes to their neighbors, and
asking for forgiveness. We will present to them Rwanda's
unique form of absolution, where the individuals who once
exacted such harm on their neighbors and ran across national
borders to hide from justice are being invited back to resume
their farms and homes to live peacefully with those same
families.
We will show your sons and daughters our civic tradition of
Umuganda, where one day a month, citizens, including myself,
congregate in the fields to weed, clean our streets, and
build homes for the needy.
We will teach your children to prepare and enjoy our foods
and speak our language. We will invite them to our weddings
and funerals, and out into the communities to observe our
traditions. We will teach them that in Africa, family is a
broad and all-encompassing concept, and that an entire
generation treats the next as its own children.
And we will have discussions in the restaurants, and
debates in our staff rooms and classrooms where we will learn
from one another: What is the nature of prosperity? Is it
subsoil assets, location and sunshine, or is it based on
human initiative, the productivity of our firms, the
foresight of our entrepreneurs? What is a cohesive society,
and how can we strengthen it? How can we improve tolerance
and build a common vision between people who perceive
differences in one another, increase civic engagement,

[[Page H6489]]

interpersonal trust, and self-esteem? How does a nation
recognize and develop the leaders of future generations? What
is the relationship between humans and the earth? And how are
we to meet our needs while revering the earth as the womb of
humankind? These are the questions of our time.
While some consider development mostly in terms of infusion
of capital, budgets and head counts, we in Rwanda place equal
importance to relationships between peoples who have a
passion to learn from one another, preparing the next
generation of teachers, administrators and CEOs to see the
exchange of values and ideas as the way to build the
competencies of our people, and to create a prosperous
nation.
We will do this because we see that the only investment
with the possibility of infinite returns is in our children,
and because after a couple of years in Rwanda, working and
learning with our people, these Peace Corps volunteers will
be our sons and daughters, too.

The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. McCaul).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. McCAUL. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Texas will
be postponed.

Amendment No. 7 Offered by Mr. Larsen of Washington

The Acting CHAIR. It is now in order to consider amendment No. 7
printed in part C of House Report 111-143.
Mr. LARSEN of Washington. Mr. Chairman, I have an amendment made in
order by the rule, and I ask for its immediate consideration.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 7 offered by Mr. Larsen of Washington:
At the end of subtitle A of title XI, add the following:

SEC. 11__. STATEMENT OF POLICY REGARDING CLIMATE CHANGE.

To protect American jobs, spur economic growth and promote
a ``Green Economy'', it shall be the policy of the United
States that, with respect to the United Nations Framework
Convention on Climate Change, the President, the Secretary of
State and the Permanent Representative of the United States
to the United Nations should prevent any weakening of, and
ensure robust compliance with and enforcement of, existing
international legal requirements as of the date of the
enactment of this Act for the protection of intellectual
property rights related to energy or environmental
technology, including wind, solar, biomass, geothermal,
hydro, landfill gas, natural gas, marine, trash combustion,
fuel cell, hydrogen, micro-turbine, nuclear, clean coal,
electric battery, alternative fuel, alternative refueling
infrastructure, advanced vehicle, electric grid, or energy
efficiency-related technologies.

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from Washington (Mr. Larsen) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Washington.
Mr. LARSEN of Washington. Mr. Chairman, I yield myself such time as I
may consume.
Mr. Chairman, this amendment will protect intellectual property
rights, or IPR, for American businesses by ensuring robust compliance
with international legal IPR requirements and the enforcement of those
requirements related to energy and environmental technologies.
Congressman Kirk from Illinois and I recently returned from China
where we met both with Chinese leadership and American companies doing
business in China. Among a number of issues that we heard on the trip,
two were consistent during our meetings with the American businesses.
First, there is a great deal of enthusiasm regarding the interest in
energy and climate change cooperation between the U.S. and China.
Second, however, is a concern that the intellectual property rights
owned by those companies selling their clean-energy technologies in
China and other parts of the world will not be protected, and the green
jobs that could be created here at home will be lost.
According to the International Energy Agency, the world needs to
invest $45 trillion in energy in the coming decades to cut in half
greenhouse gas emissions by 2050. To meet that goal, clean technology
innovation must increase by 100 to 1,000 percent. The global market for
environmental products and services is projected to double from $1.37
trillion per year at present to $2.74 trillion by 2020. And according
to the American Solar Energy Society, by 2003, industries with green
collar jobs could provide up to 40 million American jobs and generate
up to $4.53 trillion in annual revenue.
IPR protection gives companies the confidence to invest in critical
research and development efforts to meet the growing demand for clean-
energy technology. For this reason, Congressman Kirk and I have offered
this amendment to H.R. 2410 to protect the IPR of these clean
technologies and ensure these green jobs stay right here in the United
States. It is critical that the investments that American companies are
making in clean technology are protected. Protecting individual
property rights will help us reward innovation instead of penalizing
it.
I ask my colleagues to support this amendment to H.R. 2410.
Mr. Chairman, I reserve the balance of my time.
Mr. KIRK. Mr. Chairman, I claim the time in opposition to the
amendment.
The Acting CHAIR. The gentleman from Illinois is recognized for 5
minutes.
Mr. KIRK. Mr. Chairman, I yield 2 minutes to my colleague Marsha
Blackburn.
Mrs. BLACKBURN. I want to thank the gentleman and also Representative
Larsen for allowing me to work with them on this to help ensure that
our American innovators' intellectual property is protected as we move
forward in this international community transition to green economics.
American innovators hold 50 percent of the world's patents granted
between 2002 and 2008 in the clean-energy field, and I will note that
Tennesseans alone hold 1 percent of those worldwide patents in the
hybrid/electric vehicle market. It's serious business for our American
patent holders. They have invested a lot of time, passion, effort,
energy, and economic capital in developing these technologies. It is
therefore incumbent upon us in Congress to protect what they have
created.
The draft U.N. Framework Convention on Climate Change, for example,
includes language supported by extreme carbon-emitting nations like
India and China calling for a multilateral technology climate fund
housed inside the U.N. This new fund would require noncommercial
transfers of patent-protected technologies as a price for developing
nations' participation in any new international agreement to reducing
global emissions. These demands would lead to outright theft of our
American intellectual property and indirectly benefit the world's most
prominent CO2 emitters.
Our amendment, which is supported by the U.S. Chamber of Commerce and
the Emergency Committee for American Trade, would protect American
intellectual property rights and help block any patent transfer to a
new multilateral fund. In the context of any international framework
that deals with energy and environment technology, the amendment
declares that it is official American policy to defend the rights of
our creators.
Mr. LARSEN of Washington. Mr. Chairman, I would like to yield 2
minutes to the gentleman from California (Mr. Berman).
Mr. BERMAN. Mr. Chairman, I thank the sponsor of the amendment for
yielding.
It's really an excellent amendment. If we want to encourage the
international cooperation that's needed in this area, I'm telling you
you've got to ensure that the entrepreneurs and the innovators know
that their cutting-edge breakthroughs and innovations are protected.
This isn't even as much about fair return for the inventors as it is
ensuring that people will keep innovating and researching and advancing
the technologies because they know that ultimately they will be
compensated. So it's a symbiotic relationship. The more we ensure and
protect intellectual property, the more we will be able to do in
achieving our very important goals with respect to the development and
deployment of new energy and environmental technologies.
Last year, the United Nations reported that the global market for
environmental technologies could double to $2.74 trillion by 2020 from
the $1.37 trillion today because of growth in areas

[[Page H6490]]

like energy-efficient technologies, sustainable transport systems, and
water supply and efficiencies markets.
This is a very important amendment. Again, I think it is essential to
the development and deployment of these new technologies, and I urge
its adoption.
Mr. KIRK. Mr. Chairman, I yield myself such time as I may consume.
Mr. Chairman, on May 19, the United Nations Framework Convention on
Climate Change released a draft negotiating text. The draft, in part,
calls for the removal of ``barriers to development and transfer of
technologies from developed to developing country Parties arising from
the intellectual property rights protection including compulsory
licensing for specific patented technologies.''

{time} 1445

The American people need to know that those were code words, like
``compulsory licensing'' and ``technology transfer,'' that really mean
allowing other countries to steal the American patents, copyrights and
trademarks for anything related to climate change, efficiency or energy
under the draft climate change treaty.
If the United States agrees to a climate change treaty that allows
developing countries to seize U.S. intellectual property in this area,
economic consequences for green-collar jobs would be devastated.
American inventors now hold 50 percent of the world's patents on clean
energy, 52 percent of the patents on fuel cells, nearly half of the
world's wind patents, 46 percent of the world's solar patents, and 40
percent of the world's patents in the hybrid-electric vehicle market.
By 2030, industries with green-collar jobs could provide up to 40
million American jobs, and they could generate up to $4.5 trillion in
annual revenue; but none of that would happen if a climate change
treaty specifically allowed compulsory licensing so that Chinese
competitors, for example, or European opposition could simply steal the
intellectual property of a key U.S. green-collar manufacturer.
Now, one leading American innovator told me, If we lose intellectual
property rights, capital markets die.
This industry needs all of the innovation we can muster to deliver on
what the world and on what the U.S. needs. Shorting that will guarantee
no new investments or breakthroughs for green-collar jobs.
Now, this innovator was none other than Gregg Patterson, the CEO of
PV Powered--America's largest manufacturer of solar power inverter
technology. Many of us remember this photo when then Presidential
candidate, Senator Obama, visited Mr. Patterson last year, promising
future green jobs and a green economy at his factory. Mr. Chairman,
these jobs will not be created if we do not protect the intellectual
property of American inventors and manufacturers. So far, the State
Department has been very silent on this issue, but countries like China
and India now put it at the top of their lists for negotiations in
Copenhagen to ``relax intellectual property rights.'' That means to
steal the innovations of Americans in green-collar areas.
This amendment lays down a marker. It says, if Copenhagen produces a
treaty that allows the theft of U.S. intellectual property under
compulsory licensing or under the weakening of IPR, the U.S. will not
sign on.
Now, our Larsen-Kirk amendment is endorsed by the Solar Energy
Industries Association, by the National Hydrogen Association, by the
National Association of Manufacturers, and by the Chamber of Commerce.
I really want to thank Chairman Berman, Chairman Waxman, Ranking
Member Ros-Lehtinen, and Chairman Rangel for supporting this very
commonsense piece of legislation.
I yield back.
Mr. LARSEN of Washington. Mr. Chairman, I just would again ask my
colleagues to support this important amendment to H.R. 2410. I
appreciate everyone's support in making it happen and for bringing it
to the floor today.
Mr. MARKEY of Massachusetts. Mr. Chair, I rise in strong support of
the Larsen-Kirk amendment, which will ensure that the intellectual
property rights of American firms working to defeat the scourge of
climate change will be protected.
We are now engaged in what could become the most difficult
international negotiation in history: the painful and difficult
construction of a binding, universal international agreement to reduce
emissions of greenhouse gases in order to save the planet from a
disastrous alteration of the climate. And here at home, we are racing
to break our dependence on foreign oil and to create millions of new
jobs all across the new energy economy. These two necessities,
negotiating an international treaty to halt global warming and
developing the new energy economy for the twenty-first century, are
deeply interconnected.
The technological breakthroughs being created in American
laboratories will not only lead our country into the renewable energy
future, they will lead the whole world. And it is absolutely necessary
that we do everything we can to encourage and enable our high-tech
entrepreneurs to innovate. To do this, we must ensure that the
intellectual property rights of these innovators are protected. The
Larsen-Kirk amendment is a common-sense approach to this problem, and I
commend both Members for their thoughtful amendment.
The Larsen-Kirk amendment will ensure that in the negotiation of an
international climate change treaty, it will be the policy of the
United States to prevent any weakening of, and ensure robust compliance
with and enforcement of, existing legal protections of intellectual
property rights as they relate to energy and environmental
technologies. This amendment will help ensure that even as we work
diligently to reduce global emissions, we are protecting the ability of
American innovators to step up to the plate and deliver the
technological breakthroughs which will lead this country in a new
direction.
I urge my colleagues to support the amendment, and to support the
underlying bill, the State Department Authorization Act.
Mr. LARSEN of Washington. I yield back the balance of my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Washington (Mr. Larsen).
The question was taken; and the Acting Chair announced that the ayes
appeared to have it.
Mr. LARSEN of Washington. Mr. Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from Washington
will be postponed.

Amendment No. 8 Offered by Mr. Sessions

The Acting CHAIR. It is now in order to consider amendment No. 8
printed in part C of House Report 111-143.
Mr. SESSIONS. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 8 offered by Mr. Sessions:
At the end of subtitle B of title XI, add the following:

SEC. 11__. SENSE OF CONGRESS RELATING TO ISRAEL'S RIGHT TO
SELF-DEFENSE.

It is the sense of Congress that Israel has the inalienable
right to defend itself in the face of an imminent nuclear or
military threat from Iran, terrorist organizations, and the
countries that harbor them.

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from Texas (Mr. Sessions) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from Texas.
Mr. SESSIONS. Mr. Chairman, I rise today in support of my amendment
to the Foreign Relations Authorization Act. My amendment would affirm
the United States' complete support for Israel's absolute right to
defend itself from an imminent military or nuclear threat from Iran,
from terrorist organizations or from nations that harbor them.
Israel is currently being threatened on three fronts--by Hamas in the
south, by Hezbollah in the north and by Iran. Iran provides financial
and material support to both of these terrorist organizations. This
threat culminated on May 20 when Iran successfully tested a surface-to-
surface missile with a range of 1,500 miles. Iranian leaders continue
to express their hatred for Israel, and they refuse to acknowledge its
right to exist. Their incendiary words and actions are an existential
threat to Israel and to the entire region.
No nation should be subjected to these continued threats. Israel has
demonstrated tremendous restraint in the face of these dangers despite
being continually questioned by some in the global community regarding
its approach to dealing with these threats and terrorist attacks on its
citizens.

[[Page H6491]]

Israel has been and remains one of the United States of America's
strongest allies. Israel seeks only peace with its neighbors and a
homeland secure for its people; but if an attack from Iran or from a
terrorist organization becomes imminent, this Congress should declare
that Israel, like the United States, should reserve for itself the
inalienable right to defend itself and to protect its people.
I encourage my colleagues to demonstrate their strong support for
Israel by supporting this amendment.
I reserve the balance of my time.
Mr. BERMAN. Mr. Chairman, I ask unanimous consent to claim time in
opposition to this amendment, although I am not opposed to this
amendment.
The Acting CHAIRMAN. Without objection, the gentleman from California
is recognized for 5 minutes.
There was no objection.
Mr. BERMAN. Mr. Chairman, I yield myself such time as I may consume.
I don't know that we needed to say this, but I'm glad we are saying
it. It goes almost without saying that any sovereign country has an
inalienable right to defend itself in the face of an imminent nuclear
or military attack or threat. Nothing in this amendment prohibits or
constrains Israel or the United States from discussing the nature of a
threat, the logic of the timing or the nature of the response. So I
find this amendment a useful contribution. In a way, it states the
obvious, but sometimes stating the obvious is worth doing. I plan to
support the amendment.
I yield back the balance of my time.
Mr. SESSIONS. Mr. Chairman, I want to thank the gentleman, the
chairman of the committee, Mr. Berman, for his words of support.
In fact, this Member sees the need to make sure that not only the
people of Israel but the people of our country understand it should be
the express purpose and policy of the United States of America to yield
to other nations--yes, those we call dear friends--to make sure that
they are very clear in understanding our support for them. They should
reserve the same right that we do to protect this country.
Notwithstanding that, we've had a change of administrations.
Notwithstanding that, we've had many, many, many people who are
supportive of Israel come and speak to me, personally, about just the
question as it might occur:
Where does the United States stand in its support of Israel?
Today is a great day. Today is the bill that's very appropriate to
make sure that we understand that the United States' support of Israel
is strong and that we stand behind Israel and that we understand that
it is they, Mr. Chairman, who are just miles away from imminent threat
through missile attack. I believe it is the right thing to do.
I appreciate the gentleman's feedback. I hope we vote for this. I
hope it's accepted.
I reserve the balance of my time.
Mr. BERMAN. Mr. Chairman, I ask unanimous consent to reclaim the
remainder of my time.
The Acting CHAIR. Is there objection to the request of the gentleman
from California?
There was no objection.
Mr. BERMAN. Mr. Chairman, I am pleased to yield 2 minutes to a member
of the Foreign Affairs Committee, my friend, the gentlewoman from
California (Ms. Lee).
Ms. LEE of California. Thank you very much, Mr. Chairman, for
yielding.
Let me just rise to oppose this amendment and just very briefly say
why.
Every country has a right under international law and under their own
laws to defend their own sovereignty, their own country, to protect
their country from attacks. Israel certainly has that right already,
and it should exercise that right. We all recognize the security of
Israel in terms of its being essential in any foreign policy that we
develop as it relates to a peace process that is really so critical to
the security of Israel.
I just have to say, with regard to this amendment, however, I am very
reluctant to support it, and I'll just say why very briefly.
If you will remember, right after the horrific attacks of 9/11, we
passed a resolution that I opposed, and I opposed it for many, many
reasons, one of which was that the resolution was, in essence, a blank
check to use force against any nation that harbored--and this is in
this language here--terrorist organizations. I'll tell you that I
believe that that casts a blank check once again in terms of allowing
for an attack against any country. It could be Pakistan or any country
which harbors terrorists, terrorists who may or may not be responsible
for any unfortunate attacks.
So, for those reasons, I think this amendment is not necessary.
Israel and other countries have a right and should defend themselves
from any threat from Iran, from terrorist organizations or from any
country. As to any country that harbors terrorists or those who want to
do harm to Israel, to me, this provides for an opening, which,
unfortunately, I did not believe was correct for our own country nor do
I believe we should give that authority, or that rubber stamp, to any
country to allow for an attack. It's just a broad blank check. For
those reasons, I oppose this.
Mr. SESSIONS. I appreciate the gentleman, the chairman of the
committee, Mr. Berman, and the gentlewoman from California (Ms. Lee)
for speaking today.
Mr. Chairman, we live in a dangerous world, and there are some of our
friends and allies who live in, perhaps, a more dangerous neighborhood
than we do here in the United States. I believe that this amendment is
one we should support because it makes sure, unequivocally, that the
world understands where the United States of America is in our support
of not only a friendly nation but of a democracy, one of the few
democracies in the region.
United States policy in the United States and in this House of
Representatives should be to support it openly and to make sure the
world understands, not where, Oh, I thought we had done that, and I
know that's what both of my colleagues are saying. I thought we were
there; we don't really need to do this. We need to do it. We need to do
it. It's the right thing to do.
Mr. Chairman, I yield back the balance of my time.

{time} 1500

Mr. BERMAN. I am pleased to yield the remainder of my time to the
gentlelady from Nevada (Ms. Berkley).
Ms. BERKLEY. Thank you, Mr. Chairman. I hope that I do not take the
remainder of your time.
I am here to speak in strong support of this resolution. I think it's
a very important one and one that needs to be stated in this
legislation and stated far more often. The fact of the matter is is
that Iran poses an existential threat to the entire civilized world. It
is as much a threat to the United States and Europe and the Arab
countries in the region as it is to Israel. A nuclear Iran cannot be
allowed to happen. The only difference is that the President of Iran,
Ahmadinejad, has singled out Israel for particular hatred and contempt
and has threatened to wipe Israel off the map.
We have learned after Adolf Hitler that when the leader of a country
threatens to exterminate you or wipe you off the map, you ought to take
them seriously. So you have a President of Iran that is desperately
attempting and rapidly attempting to acquire nuclear capability, not
necessarily for peaceful means but for military means and a threat to
Israel to wipe it off the map.
I suggest to you that this is a very dangerous combination, and that
is why this resolution is important. And I thank the gentleman very
much for introducing this amendment. I urge all of my colleagues to
support it.
Ms. LEE of California. Mr. Chair, I rise in opposition to the
gentleman's amendment.
Mr. Chair, I want to be clear that I agree with the fundamental
principle that every nation, including Israel, has the right to defend
itself against an imminent military threat.
Unfortunately, this amendment goes far, far beyond that bedrock
principle.
Nearly 8 years ago, I stood on this House floor and confronted a very
similar issue. On that day, September 14, 2001, I voted against the
authorization of use of United States force against Afghanistan because
it granted the US a blank check to wage war any place and any time
against any enemy. It went far beyond any authority granted for
international war making.
Today this amendment raises the same issue and I am compelled to draw
the same conclusion.
I was unable to support US government broad blank check power, in
good conscience

[[Page H6492]]

I am not able to support that type of excessive authority for any other
nation.
Mr. BERMAN. I yield back my time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from Texas (Mr. Sessions).
The amendment was agreed to.

Amendment No. 9 Offered by Mrs. Davis of California

The Acting CHAIR. It is now in order to consider amendment No. 9
printed in part C of House Report 111-143.
Mrs. DAVIS of California. I have an amendment made in order by the
rule, and I ask for its immediate consideration.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 9 offered by Mrs. Davis of California:
At the end of subtitle A of title XI, add the following:

SEC. 11__. AUDIT REQUIREMENTS FOR THE INSPECTORS GENERAL OF
THE DEPARTMENT OF STATE, THE DEPARTMENT OF
DEFENSE, AND THE UNITED STATES AGENCY FOR
INTERNATIONAL DEVELOPMENT, AND THE SPECIAL
INSPECTOR GENERAL FOR AFGHANISTAN
RECONSTRUCTION.

(a) Audit Requirements.--The Inspectors General of the
Department of State, the Department of Defense, and the
United States Agency for International Development, and the
Special Inspector General for Afghanistan Reconstruction
should address, as appropriate, in their auditing and
assessment protocols for Afghanistan, the impact United
States development assistance has on the social, economic,
and political empowerment of Afghan women, including the
extent to which such assistance helps to carry out the
following:
(1) Section 103(a)(7) of the Afghan Freedom Support Act
(Public Law 107-327).
(2) The goal expressed in section 102(4) of the Afghan
Freedom Support Act (Public Law 107-327) to ``help achieve a
broad-based, multi-ethnic, gender-sensitive, and fully
representative government in Afghanistan that is freely
chosen by the people of Afghanistan and that respects the
human rights of all Afghans, particularly women.''.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Inspectors General of the
Department of State, the Department of Defense, and the
United States Agency for International Development, and the
Special Inspector General for Afghanistan Reconstruction
shall submit to Congress a report on the implementation of
this section.

The Acting CHAIR. Pursuant to House Resolution 522 the gentlewoman
from California (Mrs. Davis) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from California.
Mrs. DAVIS of California. Mr. Chairman, I yield such time as he may
consume to Mr. Grayson. We have a number of individuals who want to
speak, and he's going to do that first.
Mr. GRAYSON. Mr. Chairman, I had the experience of going to
Afghanistan a couple of years ago.
This bill has to do with whether we should try to keep track of our
policies in Afghanistan on Afghan women. And when I went to Afghanistan
2 years ago before I was elected here to Congress, I saw some
interesting things.
One thing is if you're on the street of Afghanistan, everywhere you
look there are children--because hardly any of them are in school any
time of the year--and as a result of that, you see more children on the
streets of an Afghan city or town than you would almost anywhere else
in the world. And I noticed something interesting about the girls. If
you see an 8-year-old Afghan girl, she looks just like an 8-year-old
boy dressed the same way, playing the same way with the same friends.
If you see a 9-year-old Afghan girl, her arms are covered. If you see a
10-year-old Afghan girl, her arms and her head are covered. And you
don't see 12-year-old Afghan girls or 13- or 14- or 15- or 16- or 17-
year-old Afghan girls. They're just not there.
And if you look around the streets at the adults, you'll see maybe 10
men for every woman that you will see on the streets. And the reason
for that is that in Afghanistan, women are forbidden to leave their
homes unless they're accompanied by a husband, a brother, a father, or
a son. And the women who do leave their homes in Afghanistan are
covered head to toe. They can barely see you because their faces are
covered and eyes covered with a grill like this so they can just barely
see out. They're covered from head to toe, and all you can see of their
bodies are their shoes, nothing else.
That is the life of women in Afghanistan. It is a living hell. And I
think it's fitting and appropriate that we who have occupied the
country militarily for years now should take a look at the effect of
our policies on Afghan women. I'm very much in favor of this amendment
because it's a matter of human rights.
Ms. ROS-LEHTINEN. I ask unanimous consent to claim time in opposition
even though I do not oppose the substance of the amendment.
The Acting CHAIR. Without objection, the gentlewoman from Florida is
recognized for 5 minutes.
There was no objection.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise in support of the amendment
offered by the gentlelady from California and the gentleman from
Florida.
With the fall of the Taliban, Afghan women came back from the brink.
But the gains made since 2001 have been fragile. We recognize that any
prospect of better lives for the women of Afghanistan and girls are
inherently linked to the success of the development and reconstruction
of their country.
Furthermore, we all desire greater levels of accountability, quality,
and impact from foreign development assistance to Afghanistan, all
aimed at creating the enabling environment necessary to sustain women's
development successes, their security, and their basic rights.
Mr. Chairman, this amendment has that noble purpose. It would require
the Inspectors General of the Department of State, the Department of
Defense, the United States Agency for International Development, and
the Special Inspector General for Afghanistan Reconstruction to include
the impact that U.S. development assistance has on the social,
economic, and political empowerment of Afghan women as part of their
auditing and reporting requirements.
I support this amendment.
I yield back the balance of my time.
Mrs. DAVIS of California. Mr. Chairman, I rise to urge my colleagues
to support this amendment offered by myself and Representative Grayson,
which would direct the Inspectors General responsible for oversight in
Afghanistan to include in their auditing and assessment protocols the
impact U.S. development assistance has on the objectives of the Afghan
Freedom Support Act of 2002 to advance political and human rights,
health care education, training, security, and shelter for women and
girls.
Mr. Chairman, I recently returned from a congressional visit to Kabul
and Kandahar where we met with women from all walks of Afghan life.
Unfortunately, the roles and experiences of women are not always
considered in wartime or during stabilization and reconstruction
operations.
These women want to contribute to the stabilization and
reconstruction of their nation. That is what we heard from not just a
few Afghan women who are in political or professional positions, but
from the poorest women who simply want the ability to care for their
families, access education and health care, and feel safe and secure in
their communities. If we don't include women, we are ignoring 50
percent of the population that is eager and has the desire and capacity
to be agents of change.
Ultimately, it is in the interests of the national security of the
United States to prevent the emergence of a terrorist safe haven in
Afghanistan. The kind of instability women in Afghanistan are submitted
to has a direct and a negative correlation to their ability to help
stabilize their communities.
The situation for women has been made worse by a lack of security,
corruption in Kabul, and passage of oppressive measures such as the
Shia personal status law. Every conversation that I have had with
commanders there, including on our recent trip, assures me that the
kind of gender apartheid that is occurring in Afghanistan undermines
our national security. So we cannot sit idly by and do nothing about it
if we are to stabilize this region and bring our troops home.
During a recent House Armed Services Committee hearing on the
effectiveness of U.S. assistance and counterinsurgency operations, the
GAO witness highlighted the importance of empowering women but noted
that her agency had not focused on the advancement of women in
Afghanistan. And

[[Page H6493]]

she went on to state, ``Investment in women is often a pivotal
investment focus for returns on economic growth and economic
development in countries.'' And I believe that, and I also believe that
this is true for political growth as well.
In education, some say if you don't test it, you won't teach it.
Well, without these metrics, we can't know how our aid is impacting our
women. We are reshaping our commitment to the Afghan people in a way
that fosters trust, promotes justice, and protects human rights. The
protection of the rights of women and girls in Afghanistan and their
full and equal participation in Afghan civil society is essential to
Afghan national security as well as ours. And I urge my colleagues to
reach out to the women of Afghanistan when they're traveling there,
because we know that when you include them in your delegation
conversations, they, too, can express their concerns to you. Even our
male colleagues will have that opportunity with any number of women
there.
I want to thank Mr. Berman for his support, and I urge the adoption
of this amendment.
I yield back my time.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from California (Mrs. Davis).
The amendment was agreed to.

Amendment No. 10 Offered by Ms. Ginny Brown-Waite of Florida

The Acting CHAIR. It is now in order to consider amendment No. 10
printed in part C of House Report 111-143.
Ms. GINNY BROWN-WAITE of Florida. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 10 offered by Ms. Ginny Brown-Waite of
Florida:
Strike section 505.

The Acting CHAIR. Pursuant to House Resolution 522, the gentlewoman
from Florida (Ms. Ginny Brown-Waite) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Florida.
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, we have a problem. As
every American in this Chamber knows, America is facing unprecedented
trillion-dollar deficits, a ballooning national debt and steady-growing
entitlement obligations. Yet, each and every time the House comes
together to consider spending bills, evidence abounds that very few
tough choices are being made.
As I'm sure my colleagues will readily agree, never in the history of
Congress has there been a line item that at least one Member did not
support. There has not been a single program that somebody didn't think
was worthy of the taxpayer dollars. In a perfect world where the United
States is flush with money, very few spending ideas don't hold some
merit. But simply having merit does not mean the American people have
enough money to pay for it, nor do they have enough money around to
fund this.
It is not our job to come to Washington and put together a Middle
East comprehensive and exhaustive list of worthy causes, Mr. Chairman.
It is our job to make the tough choices. And that means denying
resources to something that somebody somewhere thinks is a good idea.
Frankly, if, as a body, we are unable to recognize that spending
taxpayer dollars for the domestic distribution of a documentary film in
a foreign affairs bill is not what the taxpayers need most at this
time, if this is truly a choice that's too hard for us to make, then I
think we owe it to our constituents to take a good long look in the
mirror and decide what we are here to do.
Some will probably point out that striking the authorization for this
film is not important. Well, I would say to those colleagues it is
important that we watch every single appropriation that comes before
us. That is precisely what we are sent here to do.
And this amendment is not just about striking a provision to
authorize funding for the distribution of a documentary film. If it
were, I would take time to point out that this is a domestic
distribution in a foreign affairs bill. I would also point out that
laws have been on the books for 60 years that prohibit the executive
branch from distributing government-sponsored information campaigns
domestically.
I might even point out that the film is available already for every
man, woman, and child in this country to see right now. I am not
kidding. It is actually on YouTube, and yet we have this in the
appropriations bill.
The point is, Mr. Chairman, that the American people, those who voted
for us and those who voted against us, all of them expect more from
this body. I offer this amendment to my colleagues not to point out an
absurd provision in an irresponsible spending bill. I offer this
amendment to make a point about all of the absurd provisions in all of
the bloated bills that this House has recently considered. The American
people deserve more than this.
I would point out to my colleagues they need to learn this is a
voting card; it is not a credit card.
I urge my colleagues to support this amendment.
I yield back the balance of my time.
Mr. SCOTT of Georgia. Mr. Chairman, I rise to claim the time in
opposition to this amendment.
The Acting CHAIR. The gentleman from Georgia is recognized for 5
minutes.
Mr. SCOTT of Georgia. Mr. Chairman, this amendment, while I'm sure
well-intended by the gentlelady, would strike a section of the bill
waiving the ban against dissemination of public diplomacy materials
within the United States to make the film, ``A Fateful Harvest,''
available for public viewing.
Mr. Chairman, the Voice of America's Afghan service has produced this
52-minute documentary examining the narcotics industry in Afghanistan,
including poppy growing, opium production, trafficking, law enforcement
efforts, and the harmful health effects of drugs. It documents the
challenges facing the Afghan Government as well as our own.

{time} 1515

Financed by the Department of State's Bureau of International
Narcotics and Law Enforcement Affairs, the film has aired inside
Afghanistan in Dari and Pashto. A low-resolution version of the film
has been available on Voice of America's Web site and in six separate
parts on YouTube.
Mr. Chair, Voice of America has received several requests for a clean
copy of the documentary in its original high resolution and in one
single piece for viewing at U.S. venues because of the film's
educational value. Among those seeking access to this single clean copy
are the Johns Hopkins University School of Advanced International
Studies Center on Politics and Foreign Relations and an Afghan
students' group at the University of Virginia.
On the area of cost that my good friend on the other side pointed
out, there is no cost. Any additional copies of the film will be made
available for purchase, which would cover the cost of copying, however
small it may be.
Mr. Chair, on many occasions during the history of USIA and the
Broadcasting Board of Governors, Congress has passed legislation to
waive the domestic dissemination ban, known colloquially as Smith-
Mundt, to make a film available for public viewing in the United
States. It is a simple matter with many precedents. This should be one
of those occasions. And in reference to not having it done before, on
three different occasions, Mr. Chair, three different authorizations,
section 203 of the U.S. Information Agency FY 1990 and '91; section 204
in 1988 and '89; section 205 in FY97, different occasions when this has
happened before. So with due respect for the lady from Florida, we
certainly respect her; but we oppose the amendment.
Mr. Chair, I now recognize for 2 minutes the gentleman from Florida
(Mr. Klein).
Mr. KLEIN of Florida. I thank the gentleman for yielding.
I rise to oppose the gentlelady's amendment. I respectfully disagree
that the purpose of today's bill is to do anything other than to
improve the quality of the diplomatic efforts that our men and women
around the world are doing. I think that this is exactly what the
direction of this bill does, and I think it does it in the right,
efficient way.
This particular amendment would disallow an important film called
Fateful Harvest, a documentary that exposes the poppy trade that the
Taliban has used to imprison the Afghan people, from broad
distribution. It is true

[[Page H6494]]

that current law forbids the Voice of America from releasing its
products in the United States, and the original intention of that
provision was that a U.S. Government agency should not be able to
brainwash Americans or put things out there that would not be
considered objective information. Further, domestic companies were
concerned. They didn't want to have to compete with a not-for-profit
government-funded entity. It does require an act of Congress to waive
this law. But, let's be clear, Congress has waived this provision 100
times in the past number of years for domestic releases, including the
award-winning ``John F. Kennedy: Years of Lightning, Day of Drums'' in
1965.
This particular movie, Fateful Harvest, is important for any American
who's concerned about our national security. In a time when some
Americans question the presence of American troops in Afghanistan, this
film makes the case that American efforts help the Afghan people
transition away from poppies to other agriculture helps in our fight
against the Taliban. I personally saw the efforts that our men and
women on the ground are doing in Afghanistan, when I was there a number
of months ago, in trying to switch from poppies to pomegranates, to
wheat and other products.
As we help Afghanistan transition their economy, we will undermine
the Taliban. Most Americans cannot see this for themselves. That is why
the release of this film is so important. I urge my colleagues to
oppose this amendment.
Mr. SCOTT of Georgia. Mr. Chair, in closing, I would just like to
again urge defeat of this amendment, with all due respect. And I might
add, I was on Voice of America yesterday morning. They are fine people.
They do a fine service, and this is a great acclamation for them as
well. We respectfully speak in opposition to the gentlelady's
amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Ginny Brown-Waite).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Ms. GINNY BROWN-WAITE of Florida. Mr. Chairman, I demand a recorded
vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentlewoman from Florida
will be postponed.

Amendment No. 11 Offered by Mr. Holt

The Acting CHAIR. It is now in order to consider amendment No. 11
printed in part C of House Report 111-143.
Mr. HOLT. Mr. Chairman, I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 11 offered by Mr. Holt:
At the end of title X, add the following:

SEC. 10__. REPORT ON CHILD ABDUCTION.

Not later than 60 days after the date of the enactment of
this Act, the Secretary of State shall submit to Congress a
report containing recommendations for changes to the Hague
Convention on the Civil Aspects of International Child
Abduction and related United States laws and regulations
regarding international parental child abduction that would,
if enacted, provide the United States additional legal tools
to ensure compliance with the Hague Convention and facilitate
the swift return of United States children wrongfully removed
from the United States as a result of international parental
child abduction, such as in the case of Sean Goldman of
Tinton Falls, New Jersey.

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from New Jersey (Mr. Holt) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New Jersey.
Mr. HOLT. Mr. Chairman, I thank Chairman Berman for bringing this
bill to the floor.
Simply stated, my amendment would require the Secretary of State to
report to Congress within 60 days on potential changes in treaty
language and related U.S. laws that would improve other countries'
compliance with The Hague Convention on International Child Abduction.
Let me briefly explain why this amendment is necessary. In force since
1980, The Hague Convention on the Civil Aspects of International Child
Abduction was created to ensure that if a child is wrongfully removed
from his or her country of habitual residence by one parent against the
will of the other parent, the aggrieved parent would have an
internationally recognized means of recovering the abducted child.
Unfortunately, one of my constituents has come face to face with the
very real limitations of the current The Hague Convention in his
efforts to recover his kidnapped son from Brazil, which, like the
United States, is a signatory to The Hague Convention.
Mr. Chair, 5 years ago this month, Mr. David Goldman from central New
Jersey began a long and painful odyssey to rescue his son from an
international parental kidnapping. He had driven his wife and their 4-
year-old son to the Newark Airport for a scheduled trip to visit her
parents in Brazil. Mr. Goldman was to join them a few days later. But
before he could, he received a phone call saying two things: His wife
said their marriage was over; and if he ever wanted to see their son
Sean again, he would have to sign over custody. To his credit, Mr.
Goldman refused to be blackmailed. Instead, he began a long and
relentless campaign to secure his son's release.
Despite the clear legitimacy of Mr. Goldman's claim, the case has
crawled along in Brazil's courts, bouncing back and forth for years.
Mr. Goldman's wife secured a divorce in Brazil and began a new
relationship with a prominent lawyer. Unfortunately, Mr. Goldman's
former wife died, a fact that Mr. Goldman learned only some time later
because the family had concealed that from the Brazilian courts.
After my intercession and that of Mr. Smith, and with the help of the
State Department, Brazilian authorities moved to have the case once
again sent to Brazil's federal courts to secure visitation rights for
Mr. Goldman. That effort was successful. David Goldman was able to see
his son for the first time in nearly 5 years, earlier this year. Now
just this month, the Brazilian federal court in Rio ordered Sean
returned to Mr. Goldman. But amazingly, a Brazilian political party
filed a motion with the Brazilian Supreme Court asserting that Brazil's
accession to The Hague Convention was unconstitutional.
I'm pleased that the Obama administration has filed a motion with the
Brazilian Supreme Court seeking to have this frivolous motion
dismissed, but we should do more. This outrageous delaying tactic,
brought by an entity with no genuine standing in the case, has only
underscored the need for the United States and other nations to examine
potential changes to the convention necessary in order to prevent these
kinds of cases from dragging on for years. The Hague Convention on
parental child abduction should not be a justification for delay. I ask
my colleagues to support my amendment so that we can receive, in a
timely fashion, advice and recommendations from Secretary Clinton on
measures that may be taken to help speed the resolution of cases like
that of David and Sean Goldman.
I yield back the balance of my time.
Mr. SMITH of New Jersey. Mr. Chair, I ask unanimous consent to claim
the time in opposition, even though I do not oppose the substance of
the amendment.
The Acting CHAIR. Without objection, the gentleman is recognized for
5 minutes.
There was no objection.
Mr. SMITH of New Jersey. Mr. Chair, I rise in strong support of this
amendment. I thank my friend and colleague for offering it.
Today David Goldman is once again back in Brazil. He is back at the
Brazilian Supreme Court, which he and I visited together last February,
trying to get the justice that the Brazilian courts keep delaying and
denying. Today David Goldman is tenaciously trying to reclaim his son
from a child abductor.
Mr. Chair, as many Members know, almost 5 years ago David Goldman's
9-year-old son Sean was abducted by his mother to Brazil. For 5 long
years, David has sought relief in the Brazilian courts with the aid of
an extraordinarily talented legal team and a local grassroots
organization called Bring Sean Home. Mark DeAngelis runs that group,
and I would encourage everyone to Google it. Go check it out. Look at
the information that is contained in that Web site because it is

[[Page H6495]]

truly remarkable what this grassroots organization has done to provide
support for David, to lift his often discouraged spirits as he's gone
through this Byzantine process in Brasilia and Rio de Janeiro.
It is particularly outrageous that since the death of Sean's mother,
Sean has been illegally held by her second husband, a man by the name
of Lins e Silva, a wealthy and very well-connected lawyer who, by the
way, does family law. If ever there was a case of abusing family law,
the David Goldman case is it. Lins e Silva refuses to return Sean to
his father David, but, heedless of the damage he does to Sean,
endlessly delays, obstructs and abuses the judicial system.
Last Tuesday, after a court had ordered the abductor, Lins e Silva,
to turn Sean over for immediate return to the United States, within 48
hours a member of the Brazilian Supreme Court, responding to an appeal
by a Brazilian political party, suspended that order. I have read Judge
Pinto's return order--not all 82-pages, but the parts that were
translated into English from Portuguese. It is a remarkable finding by
a judge of a Brazilian Court. He talks about there not just being the
first kidnapping by the mother, who sadly has passed away, but a second
kidnapping, that occurred when a man who was not Sean's father took
custody of a son that was not adoptable, and just grabbed him as if he
was some kind of commodity. It is outrageous. That judge recognized
that. He also acknowledged the extreme emotional and psychological harm
that is being done to Sean Goldman each and every day. Court-appointed
psychiatrists did an extensive battery of tests and reviews of Sean
Goldman and found that the continued absence of David, the real father,
has caused incredible emotional harm, which is compounded each and
every day.
Mr. Chair, David, again, is now before the Supreme Court; and this
political party is actually questioning the constitutionality of The
Hague Convention itself and its applicability to the laws of Brazil. To
me, that seems as if--and it is--that Sean is being taken hostage. If
they want to review whether or not that signing of The Hague Convention
comports with their own domestic laws and their constitution, do so.
But don't take a 9-year-old American boy as hostage while you
adjudicate that consideration.
Mr. Chair, we have to speak frankly about the situation in Brazil. I
think this Congress has done so, as have our friends in the Senate, as
has the White House. Generally speaking, the Brazilian judicial system
enables international child abduction by Brazilian citizens. This is
not an exaggeration. I invite you to read the State Department's April
2009 Report on Compliance with The Hague Convention. It just came out,
just off the presses. The report documents in detail what it describes
as patterns of noncompliance for Brazil, as well as for other
countries. Brazilian courts, it notes, have a disturbing pattern of
legitimizing abductions by claiming the abducted child has become
``adapted to Brazilian culture.'' In other words, for many of Brazil's
courts, if you abduct a child and manage to keep him or her in Brazil
long enough, in defiance of The Hague Convention, he or she becomes
yours.

{time} 1530

And the administration of Brazilian President Lula connives at this
outrage. It is complicit. It has done precious little to mitigate the
damage being done to American children, especially David Goldman's son,
Sean, in Brazil.
Again, I support this amendment strongly, and I urge my colleagues to
stay tuned to this. We have to bring Sean home.
Mr. HOLT. Mr. Chairman, I ask unanimous consent to recover any
remaining time I have in order to yield to the gentleman from Georgia.
The Acting CHAIR. Is there objection to the request of the gentleman
from New Jersey?
There was no objection.
Mr. HOLT. May I ask the remaining time?
The Acting CHAIR. The gentleman has 2 minutes remaining.
Mr. HOLT. I yield 2 minutes to the gentleman from Georgia (Mr.
Scott).
Mr. SCOTT of Georgia. Mr. Chairman, I thank the gentleman from New
Jersey for yielding.
Mr. Chairman, we strongly support the gentleman's amendment that
would require the Secretary of State to make recommendations to
Congress on the kinds of change needed to The Hague Convention on the
civil aspects of international child abduction and, where applicable,
to United States law.
Mr. Chairman, the purpose of The Hague Convention is to ensure that
in situations where a child was wrongfully removed from his or her
country or habitual residence by one parent against the will of another
parent, the aggrieved parent has an internationally recognized means of
recovering his or her abducted child.
Unfortunately, many American families have come face to face with the
very real limitations of the current The Hague Convention and their
efforts to recover parentally kidnapped children taken to other
countries.
Such was the high profile case involving Mr. David Goldman of Tinton
Falls, New Jersey, whose son Sean was kidnapped by Mr. Goldman's wife
in 2004. This case has largely languished in Brazil's court since that
time, despite the fact that Brazil is a partner with the United States
in the Convention's enforcement. The legal process has only moved
during periods of intense media attention and diplomatic activity on
Mr. Goldman's behalf.
Changes to U.S. law and the Convention appear to be warranted to
ensure that children can be quickly returned to their left-behind
parents and their homes. This report will help us identify legal
changes Congress can consider on behalf of the over 1,000 American
children who are currently living in other countries as a result of a
parental abduction.
Mr. Chairman, this amendment is an important step in addressing a
problem that will likely get worse in coming years in light of the
growing number of transnational births and marriages. We must continue
to use the legal tools at our disposal to prevent or resolve these
childhood abduction cases.
I support the gentleman from New Jersey's amendment.
The Acting CHAIR. All time has expired. The question is on the
amendment offered by the gentleman from New Jersey (Mr. Holt).
The amendment was agreed to.

Amendment No. 12 Offered by Ms. Ginny Brown-Waite of Florida

The Acting CHAIR. It is now in order to consider amendment No. 12
printed in part C of House Report 111-143.
Ms. GINNY BROWN-WAITE of Florida. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 12 offered by Ms. Ginny Brown-Waite of
Florida:
Strike section 303.

[[Page H6496]]

Anything that happens, has happened, gets reviewed ad nauseam. Section
303 is unnecessary precisely because learning lessons from history is
so important and so widely acknowledged as being important that we
already have tens of thousands of academies that do that every single
day.
The proposed Lessons Learned Center has a great name, yet I think it
will be simply one more example of spending money on things that we
want and not limiting ourselves to those things that we need. Listen.
Just listen. You can hear the giant sucking sound of Washington finding
new and different ways to spend dollars; spend, spend.
I don't want to belabor the point, but Congress has already approved
a $700 billion bailout package and an $800 billion stimulus package in
just the last year alone. Meanwhile, our Medicare and Social Security
trust funds that our constituents rely on will be exhausted sooner than
we thought. And let me point out we are also fighting tough wars in two
countries. And while my colleagues believe that a Lessons Learned
Center might prevent such costly wars in the future, I would appeal to
your intellect and your sense of fiduciary responsibility.
With all the massive charges already on the people's tab, the
American taxpayer tab, and with spending at government agencies going
up dramatically this year across the board, I ask my colleagues to make
tough choices that the American people expect us to make.
All this portion of the bill does is create more government jobs. I
urge adoption of this amendment.
I yield back the balance of my time.
Mr. BERMAN. Mr. Chairman, I rise to claim the time in opposition to
this amendment.
The Acting CHAIR. The gentleman from California is recognized for 5
minutes.
Mr. BERMAN. Mr. Chairman, for the life of me, I cannot understand why
the gentlelady's amendment seeks to cut what may be one of the most
important processes that could take place, to learn how to do things
better. I strongly oppose the amendment.
Mr. Chairman, I yield 3 minutes to the gentleman from Massachusetts
(Mr. Delahunt), the originator of this proposal.
Mr. DELAHUNT. I thank the gentleman for yielding, and I rise in
strong opposition to this amendment as well.
This provision is intended to improve the effectiveness of the State
Department and USAID, to save taxpayer dollars, so that there is
greater efficiency, improved capabilities, less waste, more bang for
the buck, if you will. To do that, we have taken a page from the
military.
Section 303 is modeled after Lessons Learned Centers in the armed
services. These are mechanisms, if you will, which allow our men and
women in uniform to learn from the successes and, as importantly, the
mistakes of their colleagues. By cutting down on the need to reinvent
the wheel, they have saved not just money, but they have saved lives.
But the State Department and USAID do not have a Lessons Learned
Center, even though they, like the military, are spread across the
globe with multiple missions. This results in waste, inefficiency,
wasted energy, and, tragically, sometimes in the loss of lives of
American Foreign Service personnel.
By the way, this is not just an intellectual exercise. With all due
respect, I would suggest to my friend from Florida she read this book
entitled ``Hard Lessons.'' It is about the colossal waste in the
reconstruction of Iraq. If we had a Lessons Learned Center, we could
have saved billions of taxpayer dollars.
Read the book, my friends.
It is put out by the Special Inspector General for Iraq
Reconstruction, Mr. Bowen, and it is a testimony about what happens if
you do not have a tested blueprint with the expenditure of dollars
overseas. It is a remarkable piece of work.
I want to make clear what this provision does. It begins the process
of creating a Lessons Learned Center by authorizing its creation and
requiring a report from the Department of State on how much it would
cost to actually establish such a center. So it is only calling, at
this moment, for a report, and that report, itself, will detail the
cost.
I would be happy to work with the gentlewoman from Florida as this
report is produced so that we can ensure that it details ways.
Please oppose this amendment.
Mr. BERMAN. Mr. Chairman, I yield the balance of my time to the
gentleman from Florida (Mr. Klein).
The Acting CHAIR. The gentleman is recognized for 1\1/2\ minutes.
Mr. KLEIN of Florida. I thank the gentleman for yielding.
I rise today to also oppose the gentlewoman's amendment. The
underlying legislation contains commonsense provisions to ensure we are
making the most use of our taxpayer funds in our diplomatic mission.
There are a wide variety of opinions about how effective our diplomatic
positions have been, and we appreciate the men and women in the
diplomatic corps.
But we can do better in terms of, as the gentleman said, getting a
better bang for our buck. Creating a Lessons Learned Center will allow
the State Department and USAID to be more efficient in their spending
and reduce duplicative efforts. We have already identified mountains of
duplicative efforts.
This is part of a larger strategy in the legislation to ensure
accountability in our diplomatic efforts and on behalf of our
taxpayers. It also includes a quadrennial review of our national plan
for U.S. diplomacy and development programs, just like the Defense
Department does every 4 years.
This, to me, is exactly what we should be doing in this bill as we
are beginning a new way of looking at our diplomatic efforts.
So, again, I appreciate the gentlewoman's effort, but I think this is
fundamentally a crucial part of this piece of legislation. I urge my
colleagues to oppose this amendment.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Florida (Ms. Ginny Brown-Waite).
The amendment was rejected.

Amendment No. 13 Offered by Mr. Bishop of New York

The Acting CHAIR. It is now in order to consider amendment No. 13
printed in part C of House Report 111-143.
Mr. BISHOP of New York. Mr. Chairman, I have an amendment at the
desk, Amendment No. 13, and I ask for its immediate consideration.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 13 offered by Mr. Bishop of New York:
At the end of title X of the bill, add the following new
section:

SEC. 1012. REPORT ON EFFECTS OF BUY AMERICA ACT WAIVERS UNDER
THE PEPFAR PROGRAM.

(a) Study.--The Comptroller General of the United States
shall conduct a study of the effects of the United States
Agency for International Development's use of waivers under
the Buy America Act for HIV test kits under the President's
Emergency Plan for AIDS Relief (PEPFAR) program on--
(1) United States-based manufacturers; and
(2) availability of and access to HIV testing for at-risk
populations in low-income countries
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Comptroller General shall submit
to Congress a report on the results of the study required
under subsection (a).

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from New York (Mr. Bishop) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from New York.
Mr. BISHOP of New York. I want to start by thanking Chairman Berman
for his leadership on this very important legislation.
My amendment is very straightforward. It directs the Government
Accountability Office to study the effects of USAID's Buy America
waiver on U.S.-based manufacturers seeking to provide the President's
Emergency Plan for AIDS Relief, PEPFAR, with HIV test kits. The study
will also examine the waiver's impact on the availability of HIV
testing for at-risk populations in low-income countries. To be clear,
this amendment does not propose any policy changes.
This study will help us to examine the use of waivers and determine
if hardworking American manufacturers of HIV test kits are being
undercut by foreign competitors. It is important for the U.S. to lend a
hand in fighting this deadly epidemic, but we should do everything
possible to preserve American

[[Page H6497]]

jobs in the process, particularly when spending taxpayer dollars.
When PEPFAR was created in 2003, it was believed that American
companies did not have sufficient capacity to manufacture or supply the
program with quality HIV test kits. To fill that void, a waiver of the
longstanding Buy America policy was extended so that USAID could
immediately provide testing, counseling and treatment assistance to
countries in most dire need of help. Foreign companies already
producing HIV test kits and related products were able to step in and
supply PEPFAR with the resources necessary to combat the spread of HIV/
AIDS.
However, since 2003, American manufacturers have taken the initiative
to play an active role in PEPFAR by developing high-quality HIV test
kits that provide accurate results with minimal training. These
products continue to be developed here in the U.S. with American hard
work and ingenuity.
If more American companies are able to provide USAID products that
meet the requirements of PEPFAR without reducing the effectiveness of
the program, then perhaps we should rethink Buy America waivers for HIV
testing.
When the requested study is complete, we should be able to draw
conclusions on two important issues: One, whether or not the waiver
puts American companies at a disadvantage when looking to supply their
test kits to PEPFAR; and, two, if the Buy America waivers have an
effect on access to HIV testing for at-risk populations in low-income
countries.

{time} 1545

I urge my colleagues to support this amendment and the underlying
bill.
I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise in opposition to the
amendment, although I do not oppose the substance of the amendment.
The Acting CHAIR. Without objection, the gentlewoman is recognized
for 5 minutes.
There was no objection.
Ms. ROS-LEHTINEN. Mr. Chairman, the amendment by the gentleman from
New York (Mr. Bishop) requires a GAO report on the effects that waivers
of the Buy America Act for the purchase of HIV test kits under the
President's Emergency Plan for Aids Relief, PEPFAR, have had on
American manufacturers.
PEPFAR, as we know, is one of the largest and most successful foreign
assistance programs of our country, and it was reauthorized just last
year for an astounding $48 billion over the next 5 years.
Expanding access for testing is a vital and core component of PEPFAR,
both in terms of prevention and treatment. And in some cases, the
purchase of test kits manufactured outside of the United States has
been deemed a more cost-effective and efficient means by which to
expand testing and access to testing.
Still, some have expressed concern about the impact that those
waivers may be having on United States-based manufacturers and
questioned whether the purchase of these test kits manufactured abroad
really has increased access to testing. Thus, an evaluation of this
nature may be an appropriate exercise, particularly as the PEPFAR
program scales up to transition from an emergency program to a
sustainable program. And I, therefore, support the gentleman in his
amendment.
I yield back the balance of my time, Mr. Chairman.
Mr. BISHOP of New York. I yield the balance of my time to the
chairman.
Mr. BERMAN. Mr. Chairman, I simply join the sponsor of the amendment
and the ranking member in support of the amendment.
Mr. BISHOP of New York. I thank the chairman for his support. I thank
the ranking member for her support, and I yield back the balance of my
time.
The Acting CHAIR. The question is on the amendment offered by the
gentleman from New York (Mr. Bishop).
The amendment was agreed to.

Amendment No. 14 Offered by Ms. Moore of Wisconsin

The Acting CHAIR. It is now in order to consider amendment No. 14
printed in part C of House Report 111-143.
Ms. MOORE of Wisconsin. Mr. Chairman, I have an amendment at the desk
and I request its immediate consideration.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 14 offered by Ms. Moore of Wisconsin:
In section 1107, redesignate paragraphs (4) and (5) as
paragraphs (5) and (6), respectively.
In section 1107, insert after paragraph (3) the following:
(4) recognizes that actions limiting or suppressing the
human rights of Afghan women and girls undermines the intent
of the significant financial and training contributions that
the United States and international community have provided
to rebuild the country and to help establish institutions
that protect and promote respect of basic and fundamental
human rights to overcome the devastating damage to those
rights from years of Taliban rule.

The Acting CHAIR. Pursuant to House Resolution 522, the gentlewoman
from Wisconsin (Ms. Moore) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentlewoman from Wisconsin.
Ms. MOORE of Wisconsin. Mr. Chairman, I yield myself 3 minutes.
Mr. Chairman, I rise today to urge a ``yes'' vote on my amendment to
the Foreign Relations Authorization Act. This is a time of
unprecedented change in our outreach efforts to our global neighbors,
and this authorization will help guide that path for the upcoming year
and, therefore, I would like to really thank the committee for their
hard work. And I would also like to thank my very good friend,
Congresswoman Maloney of New York, for being a leader and steadfast
advocate for the women of Afghanistan.
It is just so difficult to express the hurdles that face Afghan women
and girls. There are just few words to describe the abhorrent
conditions that assault these women and girls on a daily basis, and
there are few experiences in our own lives that compare to their
constant struggle for survival and freedom.
Afghanistan has one of the highest rates of maternal mortality in the
world. One in eight Afghan women die due to pregnancy-related
complications every year. That's one woman every 30 minutes.
After years of brutal Taliban rule that allowed few rights for women,
approximately 90 percent of their female population is illiterate.
There are over 50,000 widows in the country, many of whom lack
substantive means to support themselves or their female children, who
lack access to health care, to education, to employment, to shelter,
and on and on and on.
The United States and international aid organizations have provided
billions of dollars to rebuild the country and to promote the basic and
fundamental human rights of the Afghan people.
More importantly, though, we have asked our own people to sacrifice
our sons and daughters, our citizens, for this cause. Our brave men and
women serving in Afghanistan are there to protect the American people,
but they are also there to reach out to the people in this war-torn
country. And that is why, Mr. Chairman, I have offered this particular
amendment.
Earlier this year the Afghan Government moved a measure that would
severely suppress the rights of this country's Shiite women and girls.
This measure would further restrict their free mobility and actually
legalizes marital rape. It does not condemn the marrying of minors and,
instead, it appears to promote it.
This legislation ties a woman's legal financial stability and well-
being to a man, and demands that a woman submit sexually to her husband
in order to be privy to any sort of protection.
I see proposals like this in-depth reporting on multiple news media
outlets highlighting the struggles that single women, girls, widows,
married women face in Afghanistan.
Now, I understand that there are cultural differences, and I
understand that culture and society in the Middle East will never look
like that in the United States.
The Acting CHAIR. The time of the gentlewoman has expired.
Ms. MOORE of Wisconsin. I yield myself 30 more seconds.
But I also understand what Secretary of State Hillary Clinton speaks
of when she says that a woman's rights are

[[Page H6498]]

human rights. And I understand that these actions prevent a nation from
moving beyond an era still wounded by the scars and the fears of years
of repressive Taliban rule.
I reserve the balance of my time.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise in opposition to this
amendment, although I do not oppose the substance of the amendment.
The Acting CHAIR. Without objection, the gentlewoman from Florida is
recognized for 5 minutes.
There was no objection.
Ms. ROS-LEHTINEN. Mr. Chairman, I rise in support of the amendment
offered by the gentlelady from Wisconsin (Ms. Moore).
Mr. Chairman, this amendment has a noble purpose, to draw attention
to the potential erosion of the social and economic progress that has
benefited women throughout Afghanistan since the fall of the Taliban.
Many of us in Congress have remained focused on key areas addressed
in the Afghan National Development Strategy, the basis of the
Afghanistan Compact, which are vital for building human capital and
creating an enabling environment for promoting equal rights and
opportunities for women in that country.
We have also focused on ensuring the development and application of
sustainable strategies that invest in Afghanistan's human capital,
equipping both Afghani women and men with the skills, the support, and
the resources needed to move their country forward into peace and
stability.
Furthermore, we have repeatedly expressed our commitment to Afghan
political, economic and social development and promoting the
participation of women and, indeed, all Afghans in these processes.
I urge my colleagues to support this important amendment.
I yield back the balance of my time.
Ms. MOORE of Wisconsin. Mr. Chairman, I would now like to yield the
balance of our time to the gentlelady from Illinois, who is the co-
Chair of the Women's Caucus, Ms. Schakowsky.
Ms. SCHAKOWSKY. I rise in strong support of the amendment offered by
Congresswoman Gwen Moore and really applaud her for that and for her
passionate remarks on behalf of this amendment.
In the 8 years since the overthrow of the Taliban, women in
Afghanistan have made major strides forward. Ninety-one of
Afghanistan's 351 parliamentarians are women, and two women have
announced their intention to run for President this year.
However, many women in Afghanistan continue to fight for basic human
rights. Violence against women, rape and forced marriages continue in
the country's most unstable regions. In April we saw images of stones
being thrown at a woman protesting a law legalizing marital rape.
Afghanistan's future will depend on its women building more stable
and healthy and thriving communities. The women of Afghanistan have
borne the brunt of years of warfare, but they will also form the
underpinning of a peaceful Afghanistan.
This amendment recognizes that limiting the rights of women is
counterproductive to all of our efforts to help Afghanistan move
forward from the devastating damage of Taliban rule.
I urge all of my colleagues, on both sides of the aisle, to stand up
for the women of Afghanistan who are suffering, who deserve our help.
The Acting CHAIR. The question is on the amendment offered by the
gentlewoman from Wisconsin (Ms. Moore).
The amendment was agreed to.

Amendment No. 15 Offered by Mr. Royce

The Acting CHAIR. It is now in order to consider amendment No. 15
printed in part C of House Report 111-143.
Mr. ROYCE. I have an amendment at the desk.
The Acting CHAIR. The Clerk will designate the amendment.
The text of the amendment is as follows:

Amendment No. 15 offered by Mr. Royce:
At the end of subtitle B of title XI, add the following:

SEC. 11__. SENSE OF CONGRESS RELATING TO ERITREA.

(a) Findings.--Congress finds the following:
(1) Section 6(j) of the Export Administration Act of 1979,
section 40 of the Arms Export Control Act, and section 640A
of the Foreign Assistance Act of 1961 stipulate that a
designated state sponsor of terrorism is one ``that
repeatedly provides support to acts of international
terrorism''.
(2) Eritrea repeatedly has provided support for terrorists
in Somalia, including the al-Shabaab insurgent group, which
maintains links to the al-Qaeda network, and has been
designated a Foreign Terrorist Organization by the Secretary
of State pursuant to section 219 of the Immigration and
Nationality Act (INA), as amended.
(3) The UN Sanctions Monitoring Group on Somalia,
established by a committee of the United Nations Security
Council pursuant to resolutions 751 (1992) and 1519 (2003),
reported in July 2007 that ``huge quantities of arms have
been provided to the Shabaab by and through Eritrea,'' and
``the weapons in caches and otherwise in possession of the
Shabaab include an unknown number of surface-to-air missiles,
suicide belts, and explosives with timers and detonators''.
(4) On August 17, 2007, former Assistant Secretary of State
for African Affairs Jendayi Frazer stated, ``Eritrea has
played a key role in financing, funding and arming the terror
and insurgency activities which are taking place in Somalia,
and is the primary source of support for that insurgency and
terror activity.''.
(5) In September 2007, Eritrea hosted the Congress for
Somali Liberation and Reconciliation conference, offering
sanctuary to al-Qaeda linked factions of the Somali
opposition, including Sheik Hassan Dahir Aweys, who has been
designated as a terrorist under Executive Order No. 13224 and
United Nations Security Council Resolution 1267 for his
associations with al-Qaeda, and since has provided
substantial political, diplomatic, financial and military
support to the Asmara-based Alliance for the Reconstruction
of Somalia (ARS) led by Aweys.
(6) In April 2008, the UN Sanctions Monitoring Group on
Somalia reported, ``the Government of Eritrea continues to
provide support to groups that oppose the Transitional
Federal Government in the form of arms and military training
to fighters of the Shabaab,'' and that on or about January 8,
2008, an arms shipment from Eritrea arrived in Mogadishu
containing dismantled RPG-7s, hand grenades, anti-tank mines,
detonators, pistols, mortar shells, AK-47 assault rifles, PKM
machine guns, RPG-2s, small mortars, FAL assault rifles,
rifle-fired grenades for the FAL, M-16s and explosives.
(7) The April 2008 report of the UN Sanctions Monitoring
Group also found that, ``towards the end of 2007, about 120
fighters of the Shabaab travelled to Eritrea for the purpose
of attending military training at a military base located
near the Ethiopian border.''
(8) In its December 2008 report, the UN Sanctions
Monitoring Group on Somalia identified Eritrea as a
``principal violator'' of the arms embargo on Somalia and
asserted that ``Eritrean arms embargo violations take place
with the knowledge and authorization of senior officials
within the Eritrean Government and the ruling People's Front
for Democracy and Justice (PFDJ).''.
(9) In testimony before the Senate Permanent Select
Committee on Intelligence on February 12, 2009, Director of
the Defense Intelligence Agency Lieutenant General Michael
Maples stated, ``Senior East Africa-based al-Qaida operatives
remain at large and likely continue attack planning against
U.S. and Western interests in the region,'' and ``Recent
propaganda from both al-Qaida and the Somalia-based terrorist
group al-Shabaab highlighting their shared ideology suggests
a formal merger announcement is forthcoming.''.
(10) On May 20, 2009, Assistant Secretary of State for
Africa Affairs Johnnie Carson testified before the Senate
Foreign Relations Committee that, ``al-Shabaab . . .
continues to harbor terrorists, target civilians and
humanitarian workers, and attempt to overthrow the TFG
through violent means,'' and that ``a loose coalition of
forces under the banner of Hizbul al-Islam, have been
attacking TFG forces and other moderates in Mogadishu in an
attempt to forcefully overthrow the transitional government.
We have clear evidence that Eritrea is supporting these
extremist elements, including credible reports that the
Government of Eritrea continues to supply weapons and
munitions to extremists and terrorist elements.''.
(11) Assistant Secretary Carson also testified, ``There is
also clear evidence of an al-Qaeda presence in Somalia. In
2008, East Africa al-Qaeda operative Saleh al-Nabhan
distributed a video showing training camp activity in Somalia
and inviting foreigners to travel there for training. A small
number of senior Al-Qaeda operatives have worked closely with
al-Shabaab leaders in Somalia, where they enjoy safe haven.
We have credible reports of foreigners fighting with al-
Shabaab.''.
(12) On May 14, 2009, Ian Kelly, Spokesman for the U.S.
Department of State, stated, ``Over the past week, extremists
in Mogadishu have repeatedly attacked the people of Somalia
and the Transitional Federal Government in pursuit of a
radical agenda that can only promote further acts of
terrorism and lead to greater regional instability. Eritrea
has been instrumental in facilitating support of the
extremists to commit these attacks..''
(13) In a Presidential Statement issued on May 18, 2009,
the UN Security Council expressed ``concern over reports that
Eritrea has supplied arms to those opposing the Transitional
Federal Government of Somalia in breach of the UN arms
embargo, and

[[Page H6499]]

called on the UN Sanctions Monitoring Group to investigate''.
(14) On May 21, 2009, the Inter Governmental Authority on
Development (IGAD), a regional group made up of Djibouti,
Ethiopia, Kenya, Somalia, Sudan and Uganda, stated, ``The
government of Eritrea and its financiers continue to
instigate, finance, recruit, train, fund and supply the
criminal elements in and/or to Somalia,'' and called on the
Security Council of the United Nations ``to impose sanctions
on the government of Eritrea without any further delay.''.
(15) The Peace and Security Council of the African Union,
at its 190th meeting held on May 22, 2009, issued a
communique expressing, ``deep concern at the reports
regarding the support provided to these armed groups, through
training, provision of weapons and ammunitions and funding,
by external actors, including Eritrea, in flagrant violation
of the United Nations arms embargo'' and called on the UN
Security Council to impose sanctions against Eritrea.
(b) Sense of Congress.--It is the sense of Congress that--
(1) Eritrea's ongoing and well-documented support for armed
insurgents in Somalia, including for designated Foreign
Terrorist Organizations and individuals linked to the deadly
bombings by al-Qaeda of the United States Embassies in
Nairobi, Kenya and Dar es Salaam, Tanzania in 1998, poses a
significant threat to the national security interests of the
United States and East African nations;
(2) the Secretary of State should designate the State of
Eritrea as a State Sponsor of Terrorism pursuant to section
6(j) of the Export Administration Act of 1979, section 40 of
the Arms Export Control Act, and section 640A of the Foreign
Assistance Act of 1961; and
(3) the United Nations Security Council should impose
sanctions against the State of Eritrea until such time as it
ceases its support for armed insurgents, including radical
Islamist militants, engaged in destabilizing activities in
Somalia.

The Acting CHAIR. Pursuant to House Resolution 522, the gentleman
from California (Mr. Royce) and a Member opposed each will control 5
minutes.
The Chair recognizes the gentleman from California.
Mr. ROYCE. I yield myself such time as I may consume.
Mr. Chairman, I currently serve as the ranking member of the Foreign
Affairs Subcommittee on Terrorism. Previously, for 8 years, I served as
the chairman of the Africa Subcommittee, so I long have followed the
issues surrounding Eritrea and the Horn of Africa.
And this particular amendment calls on the Secretary of State to
designate Eritrea as a ``state sponsor of terrorism.'' The Horn of
Africa is a combustible mix. You have al Qaeda, you have piracy, a
failed state in Somalia, border tensions, and a key instigator of this
violence has been the government of Eritrea.
As the amendment indicates, U.N. report after U.N. report cites
Eritrea for providing arms and military training to members of the
Shabaab, and that's an al Qaeda-linked group that has been designated
by the United States as a ``foreign terrorist organization.''
Mr. Chairman, if you take a look at this picture which appeared in a
U.N. report, this is the actual Shabaab fighter who shot down a cargo
plane with that shoulder-fired missile supplied by Eritrea. And the
reason that we know that is the propaganda footage used by this al
Qaeda-linked organization in order to try to recruit fighters to their
goal. And they showed the footage of the successful attack on the cargo
plane.
Now, what if that had been a civilian jetliner? How many lives would
have been lost?
Indeed, our FBI is greatly concerned about Somali Americans who have
gone missing from American cities. They are worried that they have gone
to Somalia and are linking up with these terrorist groups. And it is
Eritrea that is providing the weapons, including shoulder-fired
missiles that can take out an airliner and that are providing this
military training.
The case for adding Eritrea to the state sponsor of terrorism list is
compelling. It's even overwhelming. It has been so for some time. The
Obama administration's Assistant Secretary of State for African
Affairs, Johnny Carson, has noted that ``we have clear evidence that
Eritrea is supporting extremists,'' and that ``the government of
Eritrea continues to supply weapons and munitions to extremists and
terrorist elements.''
And this isn't new. The previous administration took a similar view
of the destructive role that Eritrea plays in the horn. Some will say
that this is counterproductive or the wrong time. Well, it has been a
delicate time in this region for a decade now, and it's gotten a whole
lot worse.

{time} 1600

It is a complex region. One thing, though, is not complex; this is a
clear national security threat.
U.N. reports have noted that over 100 Shabaab terrorists have
traveled to Eritrea for their military training at an Eritrean military
base and then traveled back. The same U.N. reports have identified
Eritrea as a ``principal violator'' of the arms embargo on Somalia and
have asserted that these violations ``take place with the knowledge and
authorization of senior officials within the Eritrean government.''
Plainly, it is state policy of Eritrea to support international
terrorism.
The U.N. Security Council has made similar statements citing
Eritrea's destructive role in the horn, and so have many neighboring
countries. So it is time that Eritrea should be named a state sponsor
of terrorism.
Mr. Chairman, I reserve the balance of my time.
Mr. PAYNE. Mr. Chairman, I claim the time in opposition and rise in
strong opposition to the Royce amendment.
The Acting CHAIR. The gentleman from New Jersey is recognized for 5
minutes.
Mr. PAYNE. Mr. Chairman, the Royce amendment to the Foreign Relations
Authorization Act, H.R. 2410, which would designate Eritrea as a state
sponsor of terrorism and call on the United Nations Security Council to
impose sanctions against Eritrea, I strongly oppose.
While I certainly respect my esteemed colleague from California, Ed
Royce, who served as an excellent chairman on the Subcommittee on
Africa for several years, and we worked closely together on many
issues, and I have a great deal of respect for him, I must oppose this
amendment. This amendment could undermine critical engagements
currently going on between the U.S. and Eritrea. I urge my colleagues
to vote ``no.''
The Royce amendment expresses the sense of Congress that the
Secretary of State should designate Eritrea a state sponsor of
terrorism and that the U.N. Security Council should impose sanctions
against Eritrea. I urge you to vote against this amendment for the
following reasons:
First, some of the assertions made in the amendment are factually
wrong and dated.
Second, the geopolitical dynamics and interstate rivalries in the
Horn of Africa cannot be addressed properly without concerted
diplomatic engagement. Declaring Eritrea a state sponsor of terrorism
and imposing international sanctions would do nothing to further our
diplomatic aims and would impose further hardship on the people who are
struggling to survive on a daily basis.
Thirdly, while Mr. Royce's amendment lays out a long list of reasons
why he feels Eritrea should be placed on a state sponsor of terrorism
list, the proposed amendment does not recognize the diplomatic efforts
currently underway by the State Department to address the complex
issues surrounding the Horn of Africa. Just last month, Eritrea
President Isaias Akwerki sent a letter to President Obama expressing
the desire to engage on these issues and is sending a high-level
delegation to Washington. Additionally, a senior State Department
official is expected to visit Asmara in a few weeks. Moreover, the
Somali Government has said they want to engage with Asmara.
Lastly, putting Eritrea on a sanctions list would have limited effect
on our effort to try to stabilize the region and build alliances with
governments in a wider battle against extremism.
We should urge the administration to take careful note of the issues
raised by Representative Royce, and I have written a letter to the
President to that effect. The administration is engaging Asmara. We
must allow these diplomatic discussions to continue.
In my last trip to Asmara 1 year ago, I met with the President and
did indicate changes that would have to be made. The current President
of Somalia, Sheikh Sharif Sheikh Ahmed, was in Asmara and went back,
and now is trying to lead a government which is fighting against al
Shabaab and al

[[Page H6500]]

Qaeda. And so at this time, I think that this amendment would disrupt
sensitive diplomatic issues that are going on. I urge my colleagues to
vote against the Royce amendment.
Madam Chairman, I yield back the balance of my time.
Mr. ROYCE. Let me respond that, first of all, I have a great deal of
respect for Chairman Payne. We have worked together for years on Africa
issues. We worked together on Darfur, Sudan. But this is the very issue
of why we disagree here, because all Members should know that it was
Eritrea that was the first country to invite Sudan's President, al-
Bashir, to visit Eritrea following an arrest warrant for his crimes
against humanity in Darfur.
Now, with respect to the issue, I can think of numerous issues and
times when Congress has had to push--and we'll take Sudan as an
example, since the example I'm giving here is an example in which
Eritrea has welcomed al-Bashir at a time when the international
community is trying to get him to prevent the crimes that he has
committed in Darfur. We have had to push to take more assertive
actions. We did that with genocide in Sudan. And in my view, there is
nothing wrong now, especially with respect to a state sponsorship of
terrorism. I think that the Assistant Secretary of State for Africa's
words speak for themselves. Again, this is Secretary Carson before the
Senate Foreign Relations Committee last month, in which he said, We
have clear evidence that Eritrea is supporting these extremist
elements, including credible reports that they continue to supply
weapons and munitions to terrorist elements.
I ask for an ``aye'' vote.
The Acting CHAIR (Ms. DeGette). The question is on the amendment
offered by the gentleman from California (Mr. Royce).
The question was taken; and the Acting Chair announced that the noes
appeared to have it.
Mr. ROYCE. Madam Chairman, I demand a recorded vote.
The Acting CHAIR. Pursuant to clause 6 of rule XVIII, further
proceedings on the amendment offered by the gentleman from California
will be postponed.
Mr. BERMAN. Madam Chairman, I move that the Committee do now rise.
The motion was agreed to.
Accordingly, the Committee rose; and the Speaker pro tempore (Mr.
Jackson of Illinois) having assumed the chair, Ms. DeGette, Acting
Chair of the Committee of the Whole House on the State of the Union,
reported that that Committee, having had under consideration the bill
(H.R. 2410) to authorize appropriations for the Department of State and
the Peace Corps for fiscal years 2010 and 2011, to modernize the
Foreign Service, and for other purposes had come to no resolution
thereon.

____________________