[Congressional Record (Bound Edition), Volume 155 (2009), Part 11]
[House]
[Pages 14582-14657]
[From the U.S. 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 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?

[[Page 14583]]

  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 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

[[Page 14584]]

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 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. 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

[[Page 14585]]

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 not 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.
  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.

[[Page 14586]]

  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.
  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

[[Page 14587]]

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. 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 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. 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

[[Page 14588]]

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.
  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. 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

[[Page 14589]]

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 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

[[Page 14590]]

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 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

[[Page 14591]]

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.

                              {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?
  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.

[[Page 14592]]

       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 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.

[[Page 14593]]

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.
  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.
  Mrs. LOWEY. Mr. Chair, I rise today in strong support of H.R. 2410, 
the Foreign Relations Authorization Act, and commend Chairman Berman 
for his leadership on this bill. Diplomacy and international 
development are cornerstones of U.S. national security, and H.R. 2410 
will ensure that these key strategic tools are maximized in our efforts 
to protect America and rebuild our standing in the world.
  H.R. 2410 provides robust authorization for rebuilding civilian 
capacity by authorizing 1,500 new Foreign Service Officers for the 
State Department and promotes training to ensure our diplomats have the 
skills to confront twenty-first century challenges. Additionally, the 
bill authorizes 700 new Foreign Service Officers for USAID, an 
important step to rebuild the capacity of our development agency to 
provide appropriate, effective aid to countries and communities in need 
around the world.
  Improving the livelihoods of vulnerable and oppressed women around 
the world should be a key component of U.S. foreign policy, and I 
applaud the inclusion of the authorization of the ``Office of Women's 
Issues'' in the base bill. Irrefutable research has shown that 
incorporating the unique needs of women into development policy is 
integral to ensure our aid initiatives' effectiveness; by coordinating 
and advising on gender integration and international women's 
empowerment, this office will help to increase the efficiency of our 
foreign assistance. As evidenced by its opposition to this office's 
authorization, the extreme anti-choice wing of the Republican party 
continues to put ideology over fact and science. Let me be clear: this 
bill in no way changes existing statutory prohibitions on abortion. A 
vote against this bill inhibits our government's ability to advance 
women's empowerment initiatives aimed at stability, security, and 
equality around the world.
  I urge my colleagues to support this important legislation.
  Ms. JACKSON-LEE of Texas. Mr. Chair, thank you, Madam Speaker and 
thank you Chairman Berman for your efforts on H.R. 2410, Foreign 
Relations Authorization Act, Fiscal Years 2010 and 2011.'' The 
Committee has once again produced legislation that will help America 
engage its neighbors and promote national security.
  The primary objective of this legislation is to rebuild the capacity 
of the Department of State to fulfill its core diplomatic mission in 
fulfilling U.S. national security goals. In a recent hearing Secretary 
Clinton stated that the priorities of the State Department and other 
international organizations are clear. Their focus is

[[Page 14594]]

to deploying the tools of diplomacy and development along with military 
power. We are securing historic alliances, working with emerging 
regional powers, and seeking new avenues of engagement. While this may 
seem like a herculean task, I have confidence that these goals can be 
successfully accomplished with the passing of this legislation.
  H.R. 2410 is a wide encompassing bill that will set the tone on how 
we engage other nations and strengthen the use of diplomacy as a tool 
to interact with other countries around the world. This legislation 
will give President Obama and Secretary Clinton the non-military 
support they need to engage other nations and change the view of 
America in the world. President Obama has stated that defense, 
diplomacy and development are the three keys to strengthening our 
national security. In recent years, diplomacy and development have been 
short-changed. Capacity must be rebuilt in these critical areas.
  In addition, I appreciate my Sense of Congress language being 
included in Section 1127, entitled Sense of Congress Sudan, that the 
United States should support efforts to find a stable and lasting peace 
in Sudan in the wake of devastating conflict that led to major 
humanitarian disaster in Darfur and through the Sudan. This conflict 
caused the deaths of hundreds of thousands and continues to cause 
violence in Darfur and throughout Sudan. The language further provides 
that to achieve peace in Darfur, all parties must agree to uphold the 
Comprehensive Peace Agreement (CPA). The language provides that the 
United States should support efforts to prepare for the national 
elections and for the referendum. It further provides that the United 
States should support efforts to develop international strategy to 
support the rebuilding of Sudan, with a particular focus on key CPA 
benchmarks including transitional justice, actions addressing the 
perpetrators of war crimes, policies towards, the return of displaced 
Darfuris and other people to their homeland, and management of the 
armed forces, and that U.S. policy toward Darfur should be fully 
integrated with U.S. policy toward the CPA as a full and lasting 
resolution to the Darfur crisis hinges on the resolution of a common 
set of national problems. We must insure the solution to the continued 
genocide in Sudan.
  To understand the importance of my Sense of Congress language, it is 
important to address the history of Sudan. The crisis in Darfur began 
in February 2003, when two rebel groups emerged to challenge the 
National Congress Party (NCP) government in Darfur. The crisis in 
Darfur in western Sudan has led to a major humanitarian disaster, with 
an estimated 2.45 million people displaced, more than 240,000 people 
forced into neighboring Chad, and an estimated 450,000 people killed.
  In July 2004, the House and Senate declared the atrocities in Darfur 
genocide and on May 4, 2006, the Government of National Unity and the 
Sudan Liberation Movement/Army signed the Darfur Peace Agreement after 
almost two years of negotiation. In July 2007, the U.N. Security 
Council passed Resolution 1769, authorizing the deployment of a robust 
peacekeeping force in Darfur. The resolution authorized the United 
Nations African Union force in Darfur to take all necessary measures to 
protect its personnel and humanitarian workers.
  In July 2008, International Criminal Court (ICC) Chief Prosecutor 
Luis Moreno-Ocampo accused President Omar Bashir of Sudan of genocide, 
crimes against humanity, and war crimes and asked ICC judges to issue 
an arrest warrant for President Bashir. On March 4, 2009, the ICC Pre-
Trial Chamber issued a warrant of arrest for President Bashir. On March 
4, 2009, the ICC Pre-Trial Chamber issued a warrant of arrest for 
President Bashir for war crimes and crimes against humanity.
  It is important that against this backdrop that the U.S. reaffirms 
that genocide is still occurring in Darfur, displaced individuals 
should be resettled in their homeland, and the perpetrators of war 
crimes should be prosecuted.
  This legislation is intended to shore up U.S. diplomacy and 
development efforts. Defense, diplomacy, and development are the three 
pillars of our national security. In recent years, diplomacy and 
development have been short-changed. Capacity must be rebuilt in these 
critical areas.
  The legislation authorizes hiring 1500 additional Foreign Service 
Officers over the next two years and contains provisions on recruitment 
and training of officers to improve the Foreign Service's ability to 
respond to modern challenges. It requires the State Department to 
conduct a quadrennial review of its policies and programs that defines 
objectives, budget requirements and how these programs fit into the 
President's national security strategy.
  Among other significant measures in the bill are provisions that:
  Ensure that the United States will meet its financial commitments to 
the United Nations (U.N.) and other international organizations;
  Allow financing the refurbishment of helicopters for U.N. 
peacekeeping missions in Darfur, the Republic of Congo and Chad;
  Establish the Senator Paul Simon Study Abroad Foundation as a new 
executive branch corporation to expand dramatically the number and 
economic diversity of U.S. students studying overseas;
  End the long-standing practice of excluding the committed partners of 
Foreign Service officers from the benefits routinely provided to the 
spouses and children of officers serving abroad;
  Support the Administration's plan to double the size of the Peace 
Corps, and authorize a plan to use short-term volunteers to respond to 
humanitarian and development needs worldwide;
  Broaden the Merida anti-drug trafficking initiative to include the 
Caribbean, and improve monitoring and evaluation of Merida programs; 
and
  Increase resources and training for enforcement of intellectual 
property rights, especially in countries identified by the U.S. 
government as lax in enforcing those rights.
  I have also worked tirelessly on incorporating my bill on 
Statelessness in its entirety in Section 1104, entitled 
``Statelessness.'' The purpose of this section is 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. As a 
consequence of their statelessness, individuals are unable to claim 
right to a nationality and its respective rights and obligations, and 
instead they are excluded from full participation in civil society. The 
framework of this language establishes that the right to a nationality 
is a foundation of human rights, and a deterrent to displacement, since 
the State is the primary vehicle through which people are guaranteed 
their inalienable rights, and are made subject to the rule of law.
  Additionally, this language ensures that it shall be the policy of 
the United States that the President and the permanent U.S. 
Representative 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 statelessness, and to promote the 
rights of the stateless by taking the following specific actions. The 
language urges U.N. and U.N. Country teams in countries with 
significant stateless populations to devote increasing attention and 
resources to bring about registration and documentation of all 
residents. The language advocates for the creation of an Inter-Agency 
Task Force on Statelessness with UNHCR and UNICEF. With respect to 
improving conditions for Women and children, Section 1104 urges the 
U.N. to devote special attention to restore secured 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, and addressing the needs and rights of stateless children. 
Finally, this important language urges UNICEF to increase its efforts 
to encourage all U.N. Member States to permit full and easy access to 
birth registration for all children born in their territories, and 
promotes the issuance of birth certificates to all children born to 
refugees and displaced persons.
  In conclusion, emerging challenges that will define our century such 
as climate change, weak states, rogue regimes, criminal cartels, 
nuclear proliferation, terrorism, poverty, and disease all must be 
addressed in order to protect our national security. America must work 
with our neighbors around the world to address these challenges and in 
doing so, it is our responsibility as Members of Congress to make sure 
organizations that are dealing with these issues get the resources they 
need to do their jobs safely and effectively.
  Mr. SCALISE. Mr. Chair, the House of Representatives passed the 
Foreign Relations Authorization Act. Unfortunately, this bill opens a 
door that will jeopardize one of the fundamental principles that our 
country was founded upon: the right to life.
  I am disturbed that the liberals in Congress want to allow taxpayer 
dollars to be spent on the promotion of abortion in foreign countries 
through the creation of the ``Office of Global Women's Issues.'' 
Secretary Clinton has acknowledged that this office will be used as a 
means to promote reproductive rights of women. She also testified 
before Congress that she believes that reproductive rights include 
abortion. I find it troubling that Secretary Clinton is forcing a pro 
abortion agenda on foreign nations, including countries with pro life 
laws. This pro abortion agenda by the

[[Page 14595]]

State Department contradicts President Obama's statements that he wants 
to work toward reducing the number of abortions that are performed.
  I applaud Congressman Chris Smith for offering an amendment that 
would have explicitly prohibited this Office from participating in 
abortion activity. His amendment would have also promoted maternal 
health, women's empowerment, and educational opportunities for women. 
While I supported his amendment, unfortunately it was rejected. If we 
establish this office, we should set guidelines that promote a culture 
of life, not a culture of abortion.
  Secretary Clinton clearly expressed that she intends to promote and 
provide abortion through the Office of Global Women's Issues when she 
said: ``We happen to think that family planning is an important part of 
women's health and reproductive health includes access to abortion . . 
.'' and also that ``we are now an administration that will protect the 
rights of women, including their rights to reproductive health care.''
  Unborn lives are the most defenseless lives, and it is our job to 
stand up and protect them. Under no circumstances should Americans be 
forced to fund abortions, either domestically or abroad.
  Mr. KUCINICH. Mr. Chair, H.R. 2410, the Foreign Affairs 
Authorization, has several laudable provisions that would improve our 
national security and our country's standing in the world. But it 
includes language that grants Congressional endorsement of preemptive 
war against Iran.
  The provision in question says ``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 . . .'' Among the lessons 
that should have been learned from the war in Iraq is that preemptive 
war based on an imminent threat (real or perceived) is a violation of 
recognized rights under international law and undermines a nation's 
standing in the international community. Rather than recognizing 
Israel's right to self defense against an imminent attack, a right 
recognized by international law, this bill contains language that 
supports preemptive war against a threat. A war with Iran is not in 
Israel's best interest, it is not in the United States best interest, 
and it is not in the world's best interest. The provision undermines 
the establishment of peace in the Middle East.
  I do not make the decision to oppose the full legislation lightly. It 
has important provisions. The additional resources authorized by this 
bill are necessary to make up for a history of drastic underfunding and 
inattention to diplomacy. This bill highlights our commitment to a new 
diplomatic strategy as our nation strives to heal the wounds between 
our country and the world.
  It authorizes additional funding to train and deploy 1,500 additional 
Foreign Service Officers. It commits $1.8 billion for fiscal year 2010, 
as well as the necessary funds in 2011 to fulfill our assessed 
contributions to international organizations such as the United 
Nations. The bill will create an additional 25 positions at the 
Department of State for arms control and nonproliferation. Creation of 
the Rotation Program will help to strengthen interagency cooperation 
toward nuclear abolition.
  The bill requires that the State Department investigate the 
humanitarian crisis in Gaza and the atrocities associated with an 
occupation that compromises the health and dignity of the Palestinian 
people. I am hopeful that the report will allow the U.S. to credibly 
claim a commitment to engage in a more even handed and diplomacy 
oriented foreign policy.
  I do not agree with inclusion of Section 822 of the bill, which 
reduces the number of Congressional notifications about arms transfers 
between the U.S. government and the governments of other nations. For 
example, a Congressional notification is currently required for the 
transfer of major defense equipment sales valued at $14 million or 
more. With enactment of this section, the threshold will be raised to 
$25 million or greater. As such, the trigger for Congressional review 
will happen less often.
  Furthermore, I oppose the increased funding levels for the Merida 
Initiative and expansion of this flawed program to the Caribbean 
countries. Time and again, research has demonstrated that illicit drug 
production in developing countries stems from pervasive rural poverty 
and lack of sustainable sources of income. More money for guns and 
other tools of destruction will do nothing to ease the suffering of 
those struggling with addiction or alleviate the social problems that 
compel people to produce and/or traffic drugs.
  This body must take measurable actions to replace policies of 
aggression with policies of dialogue, adherence to international law 
and an unwavering dedication to the protection of human rights. By 
including the provision that paves the way for preemptive war against 
Iran, this bill continues the failed policies of the previous 
administration. Therefore, I could not vote for it.
  Mr. VAN HOLLEN. Mr. Chair, I rise today to express my strong support 
for H.R. 2410, the Foreign Relations Authorization Act for Fiscal Years 
2010 and 2011. I want to commend my colleague, Mr. Berman of 
California, for his leadership in moving this important bill through 
the Committee on Foreign Affairs and bringing it to the Floor today. 
This important legislation represents an opportunity for the U.S. 
Congress to assert its proper advisory role in shaping civilian 
elements of our national security infrastructure.
  This legislation firmly launches the U.S. on an effort to invigorate 
our frontline defense: Diplomatic and development capabilities at the 
heart of our vast global engagements. Of course, diplomacy is effective 
only if backed by a robust military, but we know even heroic efforts by 
our military forces in Iraq and Afghanistan won't secure stable 
victories without complementary civilian efforts.
  This bill reinvests in our ability to build global consensus that 
favors U.S. interests. It increases Peace Corps programs and expands 
public diplomacy, broadcasting, and educational exchanges that will 
forge lasting bonds and build allies. Finally, this bill removes our 
arrearages to the United Nations, boosting our credibility in this key 
forum that lends legitimacy and effectiveness to so many of our 
multilateral endeavors. It also seeks to realign U.S. policies on 
controlled exports, streamlining licensing to help protect U.S. jobs 
and preserve the competitive edge of U.S. businesses while preserving 
nonproliferation goals.
  Mr. Chair, I urge my colleagues to vote in favor of this bill that 
represents a significant step towards restoring diplomacy as our 
Nation's first line of defense. By expanding dialogue, diplomacy, and 
development today, we will avoid the far greater costs of solving 
crises that instead would emerge from our indifference.
  Mr. TIAHRT. Mr. Chair, H.R. 2410, the Foreign Relations Authorization 
Act, authorizes funding for the Department of State, the United States 
Peace Corps, and various international organizations. I cannot support 
H.R. 2410. This legislation recklessly overspends American tax dollars, 
fails to enact any much-needed reforms of international organizations, 
and actively supports a radical social agenda that conflicts with the 
majority views of the American people.
  By authorizing more than $40 billion over five years, the House 
Democrats are again recklessly spending money that the American people 
do not have. At a time when so many Americans are struggling to make 
ends meet, exorbitant increases in foreign policy spending are 
absolutely inappropriate.
  H.R. 2410 authorizes additional funding of 13 percent for the State 
Department, 32.4 percent for the Peace Corps, and 35 percent for State 
Department salaries. These types of increases clear demonstrate that 
Congressional Democrats are failing to be good stewards of the nation's 
treasury.
  H.R. 2410 also provides billions of dollars for the United Nations 
and other international organizations without demanding any reforms. 
Without serious reforms the United Nations will continue to fail to 
meet the challenges facing our world. This legislation does nothing to 
reformulate the U.S. payments to the United Nations to more accurately 
reflect current economic conditions. It fails to implement a code of 
conduct for UN employees, does nothing to reform UN procurement or 
budgetary procedures, fails to freeze the UN budget, and does not 
address the UN's continued push for an international tax. Providing 
billions of American tax dollars without conditions weakens any effort 
to bring about meaningful reform.
  Most concerning, though, is that H.R. 2410 aggressively advocates for 
a radical social agenda. American foreign policy should advocate for 
the national interests of the American people, not a divisive, 
extremist policy to placate liberal activists.
  First, this legislation establishes an Office for Global Women's 
Issues to promote the task of ``women's empowerment internationally.'' 
Given the rescission of the Mexico City Policy and this 
administration's strong commitment to abortion, there were serious 
concerns that this office will be used to promote the legalization of 
abortion abroad. The Obama administration and Democrat leadership 
clearly intend to use this office to promote international abortions.
  All doubt was removed when Republicans offered a substitute amendment 
to ensure this office would not advocate for international abortions. 
It was defeated on a party-line vote.
  H.R. 2410 also takes an extraordinary step to require the Bureau for 
Democracy, Human Rights and Labor to track violence or restrictions 
based on ``perceived sexual orientation

[[Page 14596]]

and gender identity.'' The bill would also require that the annual 
human rights report include information about violence or 
discrimination based on ``perceived sexual orientation or gender 
identity.'' Finally, the bill would require Foreign Service officers to 
take instruction on identifying violence or discrimination based on 
``perceived sexual orientation or gender identity.'' Our tax dollars 
are not well spent monitoring the treatment of homosexuals worldwide.
  This legislation furthermore mandates that American diplomats make 
overturning other country's laws regarding homosexuality a foreign 
policy priority. During committee consideration of the bill, Rep. Mike 
Pence offered an amendment that charged the State Department with 
continuing in their work to ``to protect all people against gross 
violations of internationally recognized human rights, as described in 
section 116(a) of the Foreign Assistance Act of 1961.'' This language 
would have committed the U.S. to the protection of homosexual people--
as they would any person--against torture, cruel, inhuman treatment, or 
``other flagrant denial of the right to life, liberty, and the security 
of person.'' Unfortunately, this amendment was voted down by committee 
Democrats.
  U.S. foreign policy should be focused on progressing clear national 
security interests of the American people. Carving out special 
considerations regarding homosexuality, irrespective of larger foreign 
policy goals, could hinder vital diplomatic efforts. U.S. foreign 
policy should not be used as to promote special interests concerns, but 
the vital common strategic interests of this nation.
  Mr. Chair, for these reasons, I urge my colleagues to join me in 
opposing H.R. 2410.
  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.

[[Page 14597]]

   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.
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

[[Page 14598]]

     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 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.''.

[[Page 14599]]



        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.
       ``(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.

[[Page 14600]]

       (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.-- 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.

[[Page 14601]]

       (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--
       (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.

[[Page 14602]]

       (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
       (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.

[[Page 14603]]

       (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
       (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;

[[Page 14604]]

       (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
       (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;

[[Page 14605]]

       (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;
       (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

[[Page 14606]]

     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.

           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

[[Page 14607]]

     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 
     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.

[[Page 14608]]

       (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 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:


[[Page 14609]]


``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 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

[[Page 14610]]

     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 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

[[Page 14611]]

     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, 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.

[[Page 14612]]



     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 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

[[Page 14613]]

     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 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-

[[Page 14614]]

     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--
       (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

[[Page 14615]]

     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 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

[[Page 14616]]

     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.
       (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--

[[Page 14617]]

       (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 
     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

[[Page 14618]]

     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

[[Page 14619]]

     that are responsible for enforcing United States arms export 
     control laws;
       (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.

[[Page 14620]]

       (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;
       (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).

[[Page 14621]]

       ``(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.

     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

[[Page 14622]]

     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 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.

[[Page 14623]]

       (f) Authorization of Appropriations.--
       (1) In general.--There is authorized to be appropriated to 
     the Secretary of State $25,000,000 for each of the fiscal 
     years 2010 and 2011 to conduct the program authorized by 
     subsection (a).
       (2) Use of fmf funds.--The Secretary of State may use up to 
     $25,000,000 of funds available under the Foreign Military 
     Financing program for each of the fiscal years 2010 and 2011 
     to conduct the program authorized under subsection (a).
       (3) Availability and reference.--Amounts made available to 
     conduct the program authorized under subsection (a)--
       (A) are authorized to remain available until expended; and
       (B) may be referred to as the ``Security Assistance 
     Contingency Fund''.

     SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND.

       (a) In General.--Section 51(a) of the Arms Export Control 
     Act (22 U.S.C. 2795(a)) is amended--
       (1) in paragraph (1), by striking ``Special Defense 
     Acquisition Fund'' and inserting ``Foreign Military Sales 
     Stockpile Fund''; and
       (2) in paragraph (4), by inserting ``building the capacity 
     of recipient countries and'' before ``narcotics control 
     purposes''.
       (b) Contents of Fund.--Section 51(b) of the Arms Export 
     Control Act (22 U.S.C. 2795(b)) is amended--
       (1) in paragraph (2), by striking ``and'' at the end;
       (2) in paragraph (3), by inserting ``and'' at the end; and
       (3) by inserting after paragraph (3) the following:
       ``(4) collections from leases made pursuant to section 61 
     of this Act,''.
       (c) Conforming Amendments.--(1) The heading of section 51 
     of the Arms Export Control Act is amended by striking 
     ``Special Defense Acquisition Fund'' and inserting ``Foreign 
     Military Sales Stockpile Fund''.
       (2) The heading of chapter 5 of the Arms Export Control Act 
     is amended by striking ``SPECIAL DEFENSE ACQUISITION FUND'' 
     and inserting ``FOREIGN MILITARY SALES STOCKPILE FUND''.

     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;

[[Page 14624]]

       (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.
       (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

[[Page 14625]]

     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 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

[[Page 14626]]

     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:
       (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

[[Page 14627]]

     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.
       (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;

[[Page 14628]]

       (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 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.

[[Page 14629]]

       (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 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

[[Page 14630]]

     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 
     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

[[Page 14631]]

       (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.
       (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

[[Page 14632]]

     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 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

[[Page 14633]]

     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 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 14634]]

       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 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

[[Page 14635]]

     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
       ``(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

[[Page 14636]]

     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.
       (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

[[Page 14637]]

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 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

[[Page 14638]]

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. 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.
  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

[[Page 14639]]

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.
  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.

[[Page 14640]]

  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 
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,

[[Page 14641]]

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-- 
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

[[Page 14642]]

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 
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.

[[Page 14643]]

  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.
  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

[[Page 14644]]

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, 
     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

[[Page 14645]]

     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 like energy-
efficient technologies, sustainable transport systems, and water supply 
and efficiencies markets.

[[Page 14646]]

  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

[[Page 14647]]

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.
  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.

[[Page 14648]]

  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 I am not able to support that type of excessive 
authority for any other nation.
  Ms. WASSERMAN SCHULTZ. Mr. Chair, I rise in support of this essential 
amendment, recognizing Israel's right to defend itself from an imminent 
nuclear or military threat from Iran and other countries and 
organizations.
  As Iran forges ahead with its quest for a nuclear weapons capability, 
it is vital for Congress to recognize Israel's urgent need to deal with 
the looming threat of a nuclear-armed Iran.
  Like all sovereign nations, Israel has not only a right, but 
moreover, an obligation, to ensure the safety and security of her 
citizens.
  An imminent nuclear or military threat from Iran would certainly 
endanger her citizens, and that is why, in the strongest of terms, I 
support my colleague's vital amendment.
  According to the U.N.'s nuclear watchdog, Iran has sped up its 
production of nuclear fuel and has increased its number of installed 
centrifuges to 7,200--more than enough to make fuel for two nuclear 
bombs per year.
  If Iran possessed nuclear weapons, it could share this technology 
with terrorist groups to carry out attacks against both Israel and the 
United States.
  Let me be very clear. A nuclear-armed Iran would certainly constitute 
an existential threat to Israel, but would not only threaten Israel. As 
the leading state sponsor of international terrorism, a nuclear-armed 
Iran would pose unacceptable threats to global security.
  This rogue nation's possession of a nuclear weapon would likely lead 
to nuclear proliferation elsewhere in the region and around the globe, 
while fundamentally altering the strategic balance of the Middle East, 
and endangering U.S. national security interests.
  Undoubtedly, now is the time for us all to stand together in support 
of Israel and global peace and security. I urge my colleagues to 
support this critical amendment, and pray that Iran suspends its 
nuclear program, and starts working towards peace instead of terror.
  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.

[[Page 14649]]

  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 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

[[Page 14650]]

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 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.

[[Page 14651]]

  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 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

[[Page 14652]]

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.

  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, just a few moments 
ago, I rose to point out what I believe is unnecessary spending. I 
suppose it is not a coincidence that I rise again to point out what I 
believe is another unnecessary spending item.
  Section 303 of the Foreign Relations Act before us authorizes funding 
for the establishment of a Lessons Learned Center. If money were no 
object, I think it may be a fine thing to do. In fact, it is hard to 
imagine that anything produced by the center would not be used.
  However, as you can imagine, many of my colleagues are wondering, why 
would anyone oppose this center? They might even point out that those 
who do not learn from history are doomed to repeat it.
  Mr. Chairman, in some ways, my colleagues may be right. But what is 
essential is that we do learn from our mistakes, and that is precisely 
why the State Department's exam to become a Foreign Service officer is 
so rigorous. That is why the intelligence agencies seek the best and 
the brightest. And, frankly, Mr. Chairman, that is why the entire 
academic community going back thousands of years studies history.
  Additionally, with 24-hour news events, we all become instantly 
knowledgeable. It is reviewed and reviewed. 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

[[Page 14653]]

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 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:


[[Page 14654]]

       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 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:

[[Page 14655]]

       (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 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

[[Page 14656]]

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 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.
  Mr. SHERMAN. Mr. Chair, during consideration of H.R. 2410, the 
Foreign Relations Authorization Act, I voted for the Royce amendment 
regarding Eritrea. I know that Eritrea is sending a diplomatic 
delegation to the United States at the present time, and that sensitive 
negotiations are taking place in the region. It is my hope that Eritrea 
will dramatically change its policies as a result of this diplomatic 
action, and designation of Eritrea as a State Sponsor would be 
unnecessary. Had this provision been adopted in the House, it could 
have been (and would have been) removed from the bill in conference 
should such a change of policy come about. Therefore, I felt that the 
amendment was worthy of support at this stage of the legislative 
process notwithstanding the legitimate concerns raised by opponents of 
the amendment.
  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.

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