[House Report 111-136]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-136

======================================================================



 
    FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2010 AND 2011

                                _______
                                

  June 4, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

   Mr. Berman, from the Committee on Foreign Affairs, submitted the 
                               following

                              R E P O R T

                             together with

                            DISSENTING VIEWS

                        [To accompany H.R. 2410]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Foreign Affairs, to whom was referred 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, having 
considered the same, reports favorably thereon with an 
amendment and recommends that the bill as amended do pass.

                           TABLE OF CONTENTS

                                                                   Page
The Amendment....................................................     2
Summary..........................................................    91
Background and Purpose for the Legislation.......................    92
Hearings.........................................................    93
Committee Consideration..........................................    94
Votes of the Committee...........................................    95
Committee Oversight Findings.....................................    95
New Budget Authority and Tax Expenditures........................    95
Congressional Budget Office Cost Estimate........................    96
Performance Goals and Objectives.................................   109
Constitutional Authority Statement...............................   109
New Advisory Committees..........................................   110
Congressional Accountability Act.................................   110
Earmark Identification...........................................   110
Section-by-Section Analysis and Discussion.......................   110
Changes in Existing Law Made by the Bill, as Reported............   172
Exchange of Letters--Judiciary Committee and Foreign Affairs 
  Committee......................................................   226
Exchange of Letters--Armed Services Committee and Foreign Affairs 
  Committee......................................................   228
Dissenting Views.................................................   231

                             The Amendment

    The amendment is as follows:
    Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Foreign Relations Authorization Act, 
Fiscal Years 2010 and 2011''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Appropriate congressional committees defined.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

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

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

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

        Subtitle B--Public Diplomacy at the Department of State

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

           Subtitle C--Consular Services and Related Matters

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

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

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

           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

        Subtitle A--Towards Modernizing the Department of State

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

       Subtitle B--Foreign Service Pay Equity and Death Gratuity

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

          Subtitle C--Other Organization and Personnel Matters

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

                 TITLE IV--INTERNATIONAL ORGANIZATIONS

                  Subtitle A--International Leadership

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

                     Subtitle B--General Provisions

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

           TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

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

                         TITLE VI--PEACE CORPS

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

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

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

       TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

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

Sec. 801. Short title.
Sec. 802. Findings.
Sec. 803. Strategic review and assessment of the United States export 
controls system.
Sec. 804. Performance goals for processing of applications for licenses 
to export items on United States Munitions List.
Sec. 805. Requirement to ensure adequate staff and resources for the 
Directorate of Defense Trade Controls of the Department of State.
Sec. 806. Audit by Inspector General of the Department of State.
Sec. 807. Increased flexibility for use of defense trade controls 
registration fees.
Sec. 808. Review of International Traffic in Arms Regulations and 
United States Munitions List.
Sec. 809. Special licensing authorization for certain exports to NATO 
member states, Australia, Japan, New Zealand, Israel, and South Korea.
Sec. 810. Availability of information on the status of license 
applications under chapter 3 of the Arms Export Control Act.
Sec. 811. Sense of Congress.
Sec. 812. Definitions.
Sec. 813. Authorization of appropriations.

           Subtitle B--Provisions Relating to Export Licenses

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

                  Subtitle C--Miscellaneous Provisions

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

           TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

                     Subtitle A--General Provisions

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

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

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

                    TITLE X--REPORTING REQUIREMENTS

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

                   TITLE XI--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

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

                Subtitle B--Sense of Congress Provisions

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

SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

    The following amounts are authorized to be appropriated for the 
Department of State under ``Administration of Foreign Affairs'' to 
carry out the authorities, functions, duties, and responsibilities in 
the conduct of foreign affairs of the United States, and for other 
purposes authorized by law:
            (1) Diplomatic and consular programs.--
                    (A) Authorization of appropriations.--For 
                ``Diplomatic and Consular Programs'' $7,312,016,000 for 
                fiscal year 2010, and such sums as may be necessary for 
                fiscal year 2011.
                    (B) Worldwide security protection.--In addition to 
                the amounts authorized to be appropriated by 
                subparagraph (A), $1,648,000,000 for fiscal year 2010, 
                and such sums as may be necessary for fiscal year 2011 
                are authorized to be appropriated for worldwide 
                security protection.
                    (C) Public diplomacy.--Of the amounts authorized to 
                be appropriated under subparagraph (A), $500,278,000 
                for fiscal year 2010, and such sums as may be necessary 
                for fiscal year 2011 are authorized to be appropriated 
                for pubic diplomacy.
                    (D) Bureau of democracy, human rights, and labor.--
                Of the amounts authorized to be appropriated under 
                subparagraph (A), $20,659,000 for fiscal year 2010, and 
                such sums as may be necessary for fiscal year 2011 are 
                authorized to be appropriated for the Bureau of 
                Democracy, Human Rights, and Labor.
            (2) Capital investment fund.--For ``Capital Investment 
        Fund'', $160,000,000 for fiscal year 2010, and such sums as may 
        be necessary for fiscal year 2011.
            (3) Embassy security, construction and maintenance.--For 
        ``Embassy Security, Construction and Maintenance'', 
        $1,815,050,000 for fiscal year 2010, and such sums as may be 
        necessary for fiscal year 2011.
            (4) Educational and cultural exchange programs.--
                    (A) Authorization of appropriations.--For 
                ``Educational and Cultural Exchange Programs'', 
                $633,243,000 for fiscal year 2010, and such sums as may 
                be necessary for fiscal year 2011.
                    (B) Tibetan scholarship program.--Of the amounts 
                authorized to be appropriated under subparagraph (A), 
                $750,000 for fiscal year 2010 and $800,000 for fiscal 
                year 2011 are authorized to be appropriated to carry 
                out the Tibetan scholarship program established under 
                section 103(b)(1) of the Human Rights, Refugee, and 
                Other Foreign Relations Provisions Act of 1996 (Public 
                Law 104-319; 22 U.S.C. 2151 note).
                    (C) Ngawang choepel exchange programs.--Of the 
                amounts authorized to be appropriated under 
                subparagraph (A), such sums as may be necessary are 
                authorized to be appropriated for each of fiscal years 
                2010 and 2011 for the ``Ngawang Choepel Exchange 
                Programs'' (formerly known as ``programs of educational 
                and cultural exchange between the United States and the 
                people of Tibet'') under section 103(a) of the Human 
                Rights, Refugee, and Other Foreign Relations Provisions 
                Act of 1996 (Public Law 104-319; 22 U.S.C. 2151 note).
            (5) Civilian stabilization initiative.--For ``Civilian 
        Stabilization Initiative'', $323,272,000 for fiscal year 2010, 
        and such sums as may be necessary for fiscal year 2011.
            (6) Representation allowances.--For ``Representation 
        Allowances'', $8,175,000 for fiscal year 2010, and such sums as 
        may be necessary for fiscal year 2011.
            (7) Protection of foreign missions and officials.--
                    (A) Authorization of appropriations.--For 
                Protection of Foreign Missions and Officials, 
                $27,159,000 for fiscal year 2010, and such sums as may 
                be necessary for fiscal year 2011.
                    (B) Reimbursement for past expenses owed by the 
                united states.--In addition to the amounts authorized 
                to be appropriated under subparagraph (A), there are 
                authorized to be appropriated $21,000,000 for fiscal 
                year 2010 and $25,000,000 for fiscal year 2011 for 
                ``Protection of Foreign Missions and Officials'' to be 
                used only to reimburse State and local governments for 
                necessary expenses incurred since 1998 for the 
                protection of foreign missions and officials and 
                recognized by the United States.
            (8) Emergencies in the diplomatic and consular service.--
        For ``Emergencies in the Diplomatic and Consular Service'', 
        $10,000,000 for fiscal year 2010, and such sums as may be 
        necessary for fiscal year 2011.
            (9) Repatriation loans.--For ``Repatriation Loans'', 
        $1,450,000 for fiscal year 2010, and such sums as may be 
        necessary for fiscal year 2011.
            (10) Payment to the american institute in taiwan.--For 
        ``Payment to the American Institute in Taiwan'', $21,174,000 
        for fiscal year 2010, and such sums as may be necessary for 
        fiscal year 2011.
            (11) Office of the inspector general.--
                    (A) Authorization of appropriations.--For ``Office 
                of the Inspector General'', $100,000,000 for fiscal 
                year 2010, and such sums as may be necessary for fiscal 
                year 2011.
                    (B) Special inspector general for iraq 
                reconstruction.--Of the amounts authorized to be 
                appropriated under subparagraph (A), $30,000,000 is 
                authorized to be for the Special Inspector General for 
                Iraq Reconstruction.
                    (C) Special inspector general for afghanistan 
                reconstruction.--Of the amounts authorized to be 
                appropriated under subparagraph (A), $23,000,000 is 
                authorized to be for the Special Inspector General for 
                Afghanistan Reconstruction.

SEC. 102. INTERNATIONAL ORGANIZATIONS.

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

SEC. 103. INTERNATIONAL COMMISSIONS.

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

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

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

SEC. 105. CENTERS AND FOUNDATIONS.

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

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

SEC. 201. INTERNATIONAL LITIGATION FUND.

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

SEC. 202. ACTUARIAL VALUATIONS.

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

SEC. 203. SPECIAL AGENTS.

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

SEC. 204. REPATRIATION LOANS.

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

        Subtitle B--Public Diplomacy at the Department of State

SEC. 211. CONCENTRATION OF PUBLIC DIPLOMACY RESPONSIBILITIES.

    Section 60 of the State Department Basic Authorities Act of 1956 
(22 U.S.C. 2732) is amended--
            (1) in subsection (b)(1), by inserting ``in accordance with 
        subsection (e),'' before ``coordinate''; and
            (2) by adding at the end the following new subsection:
    ``(e) Concentration of Public Diplomacy Responsibilities.--
            ``(1) In general.--The Secretary of State shall, subject to 
        the direction of the President, have primary responsibility for 
        the coordination described in subsection (b)(1), and shall make 
        every effort to establish and present to foreign publics 
        unified United States public diplomacy activities.
            ``(2) Quarterly meetings and ongoing consultations and 
        coordination.--
                    ``(A) In general.--The Secretary shall, subject to 
                the direction of the President, establish a working 
                group of the heads of the Federal agencies referred to 
                in subsection (b)(1) and should seek to convene such 
                group not less often than once every three months to 
                carry out the requirement specified in paragraph (1) of 
                this subsection.
                    ``(B) Chair and rotating vice chair.--The Secretary 
                shall serve as the permanent chair of the quarterly 
                meetings required under subparagraph (A). Each head of 
                a Federal agency referred to in subsection (b)(1) shall 
                serve on a rotating basis as the vice chair of each 
                such quarterly meeting.
                    ``(C) Initial meeting.--The initial meeting of the 
                working group established under subparagraph (A) shall 
                be not later than the date that is six months after the 
                date of the enactment of this subsection.
                    ``(D) Ongoing consultations and coordination.--The 
                Secretary and each head of the Federal agencies 
                referred to in subsection (b)(1) shall designate a 
                representative of each respective agency to consult and 
                coordinate with such other representatives on an 
                ongoing basis beginning not later than 30 days after 
                the initial meeting of the working group under 
                subparagraph (C) to carry out the requirement specified 
                in paragraph (1) of this subsection. The designee of 
                the Secretary shall have primary responsibility for 
                such ongoing consultations and coordination.
            ``(3) Reports required.--
                    ``(A) In general.--Except as provided in 
                subparagraph (D), each head of a Federal agency 
                referred to in subsection (b)(1) shall annually submit 
                to the President a report on the public diplomacy 
                activities of each such agency in the preceding year.
                    ``(B) Information sharing.--The President shall 
                make available to the Secretary the reports submitted 
                pursuant to subparagraph (A).
                    ``(C) Initial submissions.--The first annual 
                reports required under subparagraph (A) shall be 
                submitted not later than the date that is one year 
                after the date of the enactment of this subsection.
                    ``(D) Limitation.--Subparagraph (A) shall not apply 
                with respect to activities carried out pursuant to 
                section 167 of title 10, United States Code.''.

SEC. 212. ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE CORPS.

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

SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY OUTREACH.

    (a) Findings.--Congress finds the following:
            (1) The platform strategy for United States public 
        diplomacy programs has changed dramatically with events of the 
        past decade. The United States Government used to operate 
        hundreds of free-standing facilities around the world, known as 
        ``American Centers'' or ``America Houses'', that offered venues 
        for cultural and educational events as well as access to books, 
        magazines, films, and other selected materials about the United 
        States. The consolidation of the United States Information 
        Agency (USIA) into the Department of State accelerated the 
        post-Cold War process of closing these facilities, and the 
        deadly attacks on United States embassies in Tanzania and Kenya 
        prompted the imposition of security requirements under law that 
        included co-locating United States Government employees in 
        hardened embassy compounds.
            (2) Information Resource Centers, which offer library 
        services and space for public events, that are now located in 
        embassy compounds allow limited access--and in some cases, none 
        whatsoever--by the public, and half of them operate on a ``by 
        appointment only'' basis. ``American Corner'' facilities, 
        operated by local contacts in university or public libraries in 
        some countries, are no substitute for a designated venue 
        recognized as a resource for information on United States 
        culture and education staffed by a knowledgeable representative 
        of the embassy.
    (b) Partnership Arrangements To Further Public Diplomacy and 
Outreach.--Recognizing the security challenges of maintaining free-
standing public diplomacy facilities outside of embassy compounds, the 
Secretary of State shall consider new partnership arrangements with 
local or regional entities in foreign countries that can operate free-
standing American Centers in areas well-trafficked by a cross-section 
of people in such countries, including in downtown storefronts, health 
care clinics, and other locations that reach beyond library patrons and 
university students. Where such partnership arrangements currently 
exist, the Secretary shall evaluate the efficacy of such partnership 
arrangements and determine whether such partnership arrangements can 
provide a model for public diplomacy facilities outside of embassy and 
consulate compounds elsewhere. Not later than 180 days after the date 
of the enactment of this Act, the Secretary shall brief the appropriate 
congressional committees on the evaluation and determinations described 
in the preceding sentence.
    (c) Establishment of Certain Public Diplomacy Facilities.--After 
taking into account relevant security needs, the Secretary of State 
shall consider placing United States public diplomacy facilities at 
locations that maximize the role of such facilities in the educational 
and cultural life of the cities in which such facilities are located, 
and help build a growing constituency for such facilities, in 
accordance with the authority given to the Secretary under section 
606(a)(2)(B) of the Secure Embassy Construction and Counterterrorism 
Act of 1999 (22 U.S.C. 4865(a)(2)(B)) to waive certain requirements of 
that Act with respect to the location of certain United States 
diplomatic facilities in foreign countries.

SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS.

    (a) Establishment and Maintenance of Libraries.--Section 1(b)(3) of 
the State Department Basic Authorities Act of 1956 (22 U.S.C. 
2651a(b)(3)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(F) provide for the establishment of new and the 
                maintenance of existing libraries and resource centers 
                at or in connection with United States diplomatic and 
                consular missions.''.
    (b) Operation of Libraries.--
            (1) In general.--The Secretary of State shall ensure that 
        libraries and resource centers established and maintained in 
        accordance with subparagraph (F) of section 1(b)(3) of the 
        State Department Basic Authorities Act of 1956 (as added by 
        subsection (a)(3) of this section) are open to the general 
        public to the greatest extent practicable, subject to policies 
        and procedures established by the Secretary to ensure the 
        safety and security of United States diplomatic and consular 
        missions and of United States officers, employees, and 
        personnel posted at such missions at which such libraries are 
        located.
            (2) Showings of united states films.--To the extent 
        practicable, the Secretary of State shall ensure that such 
        libraries and resource centers schedule public showings of 
        United States films that showcase United States culture, 
        society, values, and history.
    (c) Advisory Commission on Public Diplomacy.--Not later than one 
year after the date of the enactment of this section, the Advisory 
Commission on Public Diplomacy (authorized under section 1334 of the 
Foreign Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 6553)) 
shall submit to the Committee on Foreign Affairs of the House of 
Representatives and the Committee on Foreign Relations of the Senate a 
report containing an evaluation of the functions and effectiveness of 
the libraries and resource centers that are authorized under this 
section.
    (d) Authorization of Appropriations.--From amounts authorized to be 
appropriated for Diplomatic and Consular Programs pursuant to section 
101(1)(A), there is authorized to be appropriated to the Secretary of 
State such sums as may be necessary for each of fiscal years 2010 and 
2011 to carry out this section.

SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY EXCHANGE PROGRAMS.

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

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

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

SEC. 217. SPECIAL OLYMPICS.

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

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

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

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

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

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

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

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

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

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

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) CARICOM country.--The term ``CARICOM country''--
                    (A) means a member country of the Caribbean 
                Community (CARICOM); but
                    (B) does not include--
                            (i) a country having observer status in 
                        CARICOM; or
                            (ii) a country the government of which the 
                        Secretary of State has determined, for purposes 
                        of section 6(j) of the Export Administration 
                        Act of 1979 (as continued in effect pursuant to 
                        the International Emergency Economic Powers 
                        Act), section 40 of the Arms Export Control 
                        Act, section 620A of the Foreign Assistance Act 
                        of 1961, or any other provision of law, is a 
                        government that has repeatedly provided support 
                        for acts of international terrorism.
            (3) Secretary.--Except as otherwise provided, the term 
        ``Secretary'' means the Secretary of State.
            (4) United states cooperating agency.--The term ``United 
        States cooperating agency'' means--
                    (A) an institution of higher education (as such 
                term is defined in section 101(a) of the Higher 
                Education Act of 1965 (20 U.S.C. 1001(a))), including, 
                to the maximum extent practicable, a historically Black 
                college or university that is a part B institution (as 
                such term is defined in section 322(2) of such Act (20 
                U.S.C. 1061(2))) or a Hispanic-serving institution (as 
                such term is defined in section 502(5) of such Act (20 
                U.S.C. 1101a(5)));
                    (B) a higher education association;
                    (C) a nongovernmental organization incorporated in 
                the United States; or
                    (D) a consortium consisting of two or more such 
                institutions, associations, or nongovernmental 
                organizations.
    (b) Program Authorized.--The Secretary of State is authorized to 
establish an educational exchange program between the United States and 
CARICOM countries, to be known as the ``Shirley A. Chisholm United 
States-Caribbean Educational Exchange Program'', under which--
            (1) secondary school students from CARICOM countries will--
                    (A) attend a public or private secondary school in 
                the United States; and
                    (B) participate in activities designed to promote a 
                greater understanding of the values and culture of the 
                United States; and
            (2) undergraduate students, graduate students, post-
        graduate students, and scholars from CARICOM countries will--
                    (A) attend a public or private college or 
                university, including a community college, in the 
                United States; and
                    (B) participate in activities designed to promote a 
                greater understanding of the values and culture of the 
                United States.
    (c) Elements of Program.--The program authorized under subsection 
(b) shall meet the following requirements:
            (1) The program will offer scholarships to students and 
        scholars based on merit and need. It is the sense of Congress 
        that scholarships should be offered to students and scholars 
        who evidence merit, achievement, and strong potential for the 
        studies such students and scholars wish to undertake under the 
        program and 60 percent of scholarships offered under the 
        program should be based on financial need.
            (2) The program will seek to achieve gender equality in 
        granting scholarships under the program.
            (3) Fields of study under the program will support the 
        labor market and development needs of CARICOM countries, 
        assuring a pool of technical experts to address such needs.
            (4) The program will limit participation to--
                    (A) one year of study for secondary school 
                students;
                    (B) two years of study for undergraduate students; 
                and
                    (C) 12 months of study for graduate students, post-
                graduate students, and scholars.
            (5) For a period of time equal to the period of time of 
        participation in the program, but not to exceed two years, the 
        program will require participants who are students and scholars 
        described in subsection (a)(2) to--
                    (A) agree to return to live in a CARICOM country 
                and maintain residence in such country, within six 
                months of completion of academic studies; or
                    (B) agree to obtain employment that directly 
                benefits the growth, progress, and development of one 
                or more CARICOM countries and the people of such 
                countries.
            (6) The Secretary may waive, shorten the duration, or 
        otherwise alter the requirements of paragraph (4) in limited 
        circumstances of hardship, humanitarian needs, for specific 
        educational purposes, or in furtherance of the national 
        interests of the United States.
    (d) Role of United States Cooperating Agencies.--The Secretary 
shall consult with United States cooperating agencies in developing the 
program authorized under subsection (b). The Secretary is authorized to 
provide grants to United States cooperating agencies in carrying out 
the program authorized under subsection (b).
    (e) Monitoring and Evaluation of Program.--
            (1) In general.--The Secretary shall monitor and evaluate 
        the effectiveness and efficiency of the program authorized 
        under subsection (b). In so doing, the Secretary shall, among 
        other things, evaluate the program's positive or negative 
        effects on ``brain drain'' from the participating CARICOM 
        countries and suggest ways in which the program may be improved 
        to promote the basic goal of alleviating brain drain from the 
        participating CARICOM countries.
            (2) Requirements.--In carrying out paragraph (1), the 
        Secretary shall review on a regular basis--
                    (A) financial information relating to the program;
                    (B) budget plans for the program;
                    (C) adjustments to plans established for the 
                program;
                    (D) graduation rates of participants in the 
                program;
                    (E) the percentage of participants who are students 
                described in subsection (b)(1) who pursue higher 
                education;
                    (F) the percentage of participants who return to 
                their home country or another CARICOM country;
                    (G) the types of careers pursued by participants in 
                the program and the extent to which such careers are 
                linked to the political, economic, and social 
                development needs of CARICOM countries; and
                    (H) the impact of gender, country of origin, 
                financial need of students, and other relevant factors 
                on the data collected under subparagraphs (D) through 
                (G).
    (f) Reporting Requirements.--
            (1) Report required.--Not later than 120 days after the 
        date of the enactment of this section, the Secretary of State 
        shall submit to the appropriate congressional committees a 
        report on plans to implement the program authorized under this 
        section.
            (2) Matters to be included.--The report required by 
        paragraph (1) shall include--
                    (A) a plan for selecting participants in the 
                program, including an estimate of the number of 
                secondary school students, undergraduate students, 
                graduate students, post-graduate students, and scholars 
                from each country, by educational level, who will be 
                selected as participants in the program for each fiscal 
                year;
                    (B) a timeline for selecting United States 
                cooperating agencies that will assist in implementing 
                the program;
                    (C) a financial plan that--
                            (i) identifies budget plans for each 
                        educational level under the program; and
                            (ii) identifies plans or systems to ensure 
                        that the costs to public school, college, and 
                        university education under the program and the 
                        costs to private school, college, and 
                        university education under the program are 
                        reasonably allocated; and
                    (D) a plan to provide outreach to and linkages with 
                schools, colleges and universities, and nongovernmental 
                organizations in both the United States and CARICOM 
                countries for implementation of the program.
            (3) Updates of report.--
                    (A) In general.--The Secretary shall submit to the 
                appropriate congressional committees updates of the 
                report required by paragraph (1) for each fiscal year 
                for which amounts are appropriated pursuant to the 
                authorization of appropriations under subsection (g).
                    (B) Matters to be included.--Such updates shall 
                include the following:
                            (i) Information on United States 
                        cooperating agencies that are selected to 
                        assist in implementing the programs authorized 
                        under this section.
                            (ii) An analysis of the positive and 
                        negative impacts the program authorized under 
                        this section will have or is having on ``brain 
                        drain'' from the participating CARICOM 
                        countries.
    (g) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated pursuant to section 101(4), there are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2010 and 2011 to carry out this section.

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

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

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

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

SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI.

    The Secretary of State shall develop a public diplomacy plan to be 
implemented in the event that Temporary Protected Status (TPS) is 
extended to Haitian nationals in the United States to effectively 
inform Haitians living in Haiti that--
            (1) TPS only permits people already in the United States as 
        of a specifically designated date to remain in the United 
        States;
            (2) there are extraordinary dangers of travel by sea to the 
        United States in unsafe, overcrowded vessels;
            (3) any Haitian interdicted at sea traveling to the United 
        States will be repatriated to Haiti; and
            (4) the United States will continue its large assistance 
        program to help the people of Haiti recover from recent 
        hurricanes, restore stability, and promote economic growth.

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

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

``SEC. 204. ESTABLISHMENT.

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

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

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

           Subtitle C--Consular Services and Related Matters

SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT SURCHARGE.

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

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

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

SEC. 233. REFORMING REFUGEE PROCESSING.

    (a) Worldwide Processing Priority System.--
            (1) Embassy referrals.--The Secretary of State shall expand 
        training of United States embassy and consular personnel to 
        ensure that appropriate United States embassies and consulates 
        are equipped and enabled to refer to the United States refugee 
        admissions program aliens in urgent need of resettlement.
            (2) NGO referrals.--The Secretary shall expand training of, 
        and communication with, nongovernmental organizations that 
        provide assistance to displaced and persecuted persons to 
        enable such organizations to refer to the United States refugee 
        admissions program aliens in urgent need of resettlement.
    (b) Reform of the Refugee Consultation Process.--Section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following new sentence: ``In the event that a fiscal year 
        begins without such determination having been made, there is 
        authorized to be admitted in the first quarter of such fiscal 
        year 25 percent of the number of refugees fixed by the 
        President in the previous fiscal year's determination, and any 
        refugees admitted under this sentence shall be counted toward 
        the President's determination when it is made.''; and
            (2) in subsection (e), in the matter preceding paragraph 
        (1), by striking ``discussions in person'' and inserting 
        ``discussions in person, to be commenced not later than June 1 
        of each year,''.
    (c) Family Reunification.--
            (1) Multiple forms of relief.--Applicants for admission as 
        refugees shall be permitted to simultaneously pursue admission 
        under any other visa categories for which such applicants may 
        be eligible.
            (2) Separated children.--In the case of a child under the 
        age of 18 who has been separated from the birth or adoptive 
        parents of such child and who is living under the care of an 
        alien who has been approved for admission to the United States 
        as a refugee, such child shall be, if it is in the best 
        interest of such child to be placed with such alien in the 
        United States, admitted as a refugee provided such child is 
        otherwise admissible as described in section 207(c)(3) of the 
        Immigration and Nationality Act (8 U.S.C. 1157(c)(3)).
            (3) Children of refugee spouses.--For the purposes of 
        sections 207(c)(2)(A) and 208(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)), if a 
        refugee or asylee spouse proves that such spouse is the 
        biological or adoptive parent of a child, such child shall be 
        eligible to accompany or follow to join such parent.
    (d) ERMA Account.--Section 2 of the Migration and Refugee 
Assistance Act of 1962 (22 U.S.C. 2601) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``President'' and 
                inserting ``Secretary of State''; and
                    (B) in paragraph (2), in the second sentence--
                            (i) by striking ``to the President''; and
                            (ii) by striking ``$100,000,000'' and 
                        inserting ``$200,000,000''; and
            (2) in subsection (d), by striking ``President'' and 
        inserting ``Secretary of State''.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        such sums as may be necessary to carry out this section, 
        including the amendments made by this section.
            (2) Rule of construction.--Nothing in this section may be 
        construed to reduce funds or services for other refugee 
        assistance or resettlement.
    (f) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the first day of the first fiscal year 
that begins after the date of the enactment of this section.

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

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

SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS.

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

SEC. 236. VIDEOCONFERENCE INTERVIEWS.

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

SEC. 237. TIBET.

    (a) Tibet Negotiations.--Section 613(a) of the Tibetan Policy Act 
of 2002 (Public Law 107-228; 22 U.S.C. 6901 note) is amended--
            (1) in paragraph (1), by inserting before the period at the 
        end the following: ``and should coordinate with other 
        governments in multilateral efforts toward this goal'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Policy coordination.--The President shall direct the 
        National Security Council to ensure that, in accordance with 
        this Act, United States policy on Tibet is coordinated and 
        communicated with all Executive Branch agencies in contact with 
        the Government of China.''.
    (b) Bilateral Assistance.--Section 616 of the Tibetan Policy Act of 
2002 is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) United State Assistance.--The President shall provide grants 
to nongovernmental organizations to support sustainable economic 
development, cultural and historical preservation, health care, 
education, and environmental sustainability projects for Tibetan 
communities in the Tibet Autonomous Region and in other Tibetan 
communities in China, in accordance with the principles specified in 
subsection (e) and subject to the review and approval of the Special 
Coordinator for Tibetan Issues under section 621(d).''.
    (c) Special Coordinator for Tibetan Issues.--Section 621 of the 
Tibetan Policy Act of 2002 is amended--
            (1) in subsection (d)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (6) as paragraph 
                (7); and
                    (C) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) review and approve all projects carried out pursuant 
        to section 616(d); and''; and
            (2) by adding at the end the following new subsection:
    ``(e) Personnel.--The Secretary shall assign dedicated personnel to 
the Office of the Special Coordinator for Tibetan Issues sufficient to 
assist in the management of the responsibilities of this section and 
section 616(d).''.
    (d) Diplomatic Representation Relating to Tibet.--
            (1) United states embassy in beijing.--
                    (A) In general.--The Secretary of State is 
                authorized to establish a Tibet Section within the 
                United States Embassy in Beijing, People's Republic of 
                China, for the purposes of following political, 
                economic, and social developments inside Tibet, 
                including Tibetan areas of Qinghai, Sichuan, Gansu, and 
                Yunnan provinces, until such time as a United States 
                consulate in Tibet is established. Such Tibet Section 
                shall have the primary responsibility for reporting on 
                human rights issues in Tibet and shall work in close 
                cooperation with the Office of the Special Coordinator 
                for Tibetan Issues. The chief of such Tibet Section 
                should be of senior rank.
                    (B) Authorization of appropriations.--Of the 
                amounts authorized to be appropriated under section 
                101, there are authorized to be appropriated such sums 
                as may be necessary for each of fiscal years 2010 and 
                2011 to carry out this paragraph.
            (2) In tibet.--Section 618 of the Tibetan Policy Act of 
        2002 is amended to read as follows:

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

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

SEC. 238. PROCESSING OF CERTAIN VISA APPLICATIONS.

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

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

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

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

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

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

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

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

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

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

SEC. 245. ARMS CONTROL AND NONPROLIFERATION ROTATION PROGRAM.

    (a) Establishment.--
            (1) In general.--The Secretary of State (in this section 
        referred to as the ``Secretary''), in consultation with the 
        heads of other Federal departments and agencies that are 
        involved in United States arms control and nonproliferation 
        activities, shall establish the Arms Control and 
        Nonproliferation Rotation Program (in this section referred to 
        as the ``Rotation Program'') for employees of the Department of 
        State (in this section referred to as the ``Department'') and 
        such other Federal departments and agencies. The Rotation 
        Program shall use applicable best practices, including those 
        prescribed by the Chief Human Capital Officers Council. 
        Employees of the Department and any other Federal department or 
        agency participating in the Rotation Program may be detailed 
        among the Department or such department or agency on a non-
        reimbursable basis.
            (2) Goals.--The Rotation Program shall--
                    (A) be established in accordance with the human 
                capital strategic plan of the Department;
                    (B) provide midlevel Foreign Service officers and 
                employees of the Department, and employees of other 
                Federal departments and agencies concerned with arms 
                control and nonproliferation responsibilities the 
                opportunity to broaden their knowledge through exposure 
                to other areas of the Department and such other Federal 
                departments and agencies;
                    (C) expand the knowledge base of the Department by 
                providing for rotational assignments of employees to 
                such other Federal departments and agencies;
                    (D) build professional relationships and contacts 
                among the employees in such other Federal departments 
                and agencies;
                    (E) invigorate the Department's arms control and 
                nonproliferation workforce with professionally 
                rewarding opportunities; and
                    (F) incorporate human capital strategic plans and 
                activities of the Department, and address critical 
                human capital deficiencies, professional development, 
                recruitment and retention efforts, and succession 
                planning within the Federal workforce of the 
                Department.
            (3) Responsibilities.--The Secretary shall--
                    (A) provide oversight of the establishment and 
                implementation of the Rotation Program;
                    (B) establish a framework that supports the goals 
                of the Rotation Program and promotes cross disciplinary 
                rotational opportunities;
                    (C) establish eligibility for employees of other 
                Federal departments and agencies concerned with 
                national security responsibilities to participate in 
                the Rotation Program and select participants from such 
                employees who apply;
                    (D) establish incentives for such employees to 
                participate in the Rotation Program, including 
                promotions and employment preferences;
                    (E) ensure that the Rotation Program provides 
                professional education and training;
                    (F) ensure that the Rotation Program develops 
                qualified employees and future leaders with broad based 
                experience throughout the Department; and
                    (G) provide for greater interaction among employees 
                in such Federal departments and agencies, including the 
                Agency.
            (4) Allowances, privileges, and benefits.--All allowances, 
        privileges, rights, seniority, and other benefits of employees 
        participating in the Rotation Program shall be preserved.
            (5) Reporting.--Not later than one year after the date of 
        the establishment of the Rotation Program, the Secretary shall 
        submit to the appropriate congressional committees a report on 
        the status of the Rotation Program, including a description of 
        the Rotation Program, the number of individuals participating, 
        and how the Rotation Program is used in succession planning and 
        leadership development.

SEC. 246. ARMS CONTROL AND NONPROLIFERATION SCHOLARSHIP PROGRAM.

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

SEC. 247. SCIENTIFIC ADVISORY COMMITTEE.

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

           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

        Subtitle A--Towards Modernizing the Department of State

SEC. 301. TOWARDS A MORE MODERN AND EXPEDITIONARY FOREIGN SERVICE.

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

SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DEVELOPMENT.

    (a) Development of National Strategy on Diplomacy and 
Development.--
            (1) In general.--Not later than December 1, 2010, the 
        President shall develop and transmit to the appropriate 
        congressional committees a national strategy on United States 
        diplomacy and development. The strategy shall include the 
        following:
                    (A) An identification of key objectives and 
                missions for United States foreign policy and foreign 
                assistance policies and programs, including a clear 
                statement on United States objectives for development 
                assistance.
                    (B) A description of the roles of civilian agencies 
                and mechanisms for implementing such strategy, 
                including interagency coordination.
                    (C) The requirements for overseas infrastructure 
                necessary to carry out such strategy.
                    (D) Plans to adapt such agencies and mechanisms to 
                changing circumstances and the role of international 
                institutions in such strategy.
                    (E) Budget requirements to carry out such strategy.
                    (F) Other elements of United States foreign policy 
                and foreign assistance policies and programs with a 
                view toward determining and expressing the strategy of 
                the United States and establishing a diplomacy and 
                development program for the next ten years.
            (2) Relationship to national security strategy.--The 
        strategy described in paragraph (1) shall be consistent with 
        any National Security Strategy prescribed by the President 
        pursuant to section 108 of the National Security Act of 1947 
        (50 U.S.C. 404a) that has been issued after the date of the 
        enactment of this Act.
    (b) Review Required.--
            (1) In general.--Beginning in 2013, the President shall 
        every four years, during a year following a year evenly 
        divisible by four, conduct a comprehensive examination (to be 
        known as a ``Quadrennial Review of Diplomacy and Development'') 
        of the national strategy for United States diplomacy and 
        development described in subsection (a).
            (2) Key elements of review.--The review described in 
        paragraph (1) shall include the following:
                    (A) A review of all elements of the strategy 
                described in subsection (a), consistent with the most 
                recent National Security Strategy prescribed by the 
                President pursuant to section 108 of the National 
                Security Act of 1947 (50 U.S.C. 404a) that has been 
                issued after the date of the enactment of this Act.
                    (B) A review of the roles and responsibilities of 
                Federal departments and agencies in carrying out the 
                strategy described in subsection (a) and the mechanisms 
                for cooperation between such departments and agencies, 
                including the coordination of such departments and 
                agencies and the relationship between the principal 
                offices of such departments and agencies and offices 
                defining sufficient capacity, resources, overseas 
                infrastructure, budget plan, and other elements of 
                United States diplomacy and development of the United 
                States that would be required to have a high level of 
                confidence that the United States can successfully 
                execute the full range of missions called for in such 
                strategy.
                    (C) Identifying the budget plan that would be 
                required to provide sufficient resources to execute 
                successfully the full range of missions called for in 
                the strategy described in subsection (a) at a high 
                level of success and any additional resources required 
                to achieve such a level of success.
                    (D) Making recommendations that are not constrained 
                to comply with the budget submitted to Congress by the 
                President pursuant to section 1105(a) of title 31, 
                United States Code.
            (3) Interagency coordination and consultation.--
                    (A) In general.--Each Quadrennial Review of 
                Diplomacy and Development shall take into account the 
                views of the Secretary of State, the Administrator of 
                the United States Agency for International Development, 
                the Secretary of Defense, the Secretary of the 
                Treasury, the United States Trade Representative, and 
                the head of any other relevant agency.
                    (B) Delegation.--If the President delegates the 
                requirements of this section, the head of the Federal 
                department or agency to whom such delegation is made 
                shall consult with each official specified in 
                subparagraph (A).
    (c) Consultation With Outside Stakeholders.--In developing the 
strategy required under subsection (a) and conducting the review 
required under subsection (b), the President shall consult with private 
businesses, non-governmental organizations involved in diplomacy and 
development, and experts at academic institutions or institutions 
involved in the study of foreign policy or development matters.
    (d) QRDD and Congressional Committees.--
            (1) Consultation.--In developing the strategy required 
        under subsection (a) and conducting the review required under 
        subsection (b), the President shall consult with the 
        appropriate congressional committees.
            (2) Report.--The President shall transmit to the 
        appropriate congressional committees a report on each 
        Quadrennial Review of Diplomacy and Development. The report 
        shall be submitted in the year following the year in which such 
        a Quadrennial Review is conducted, but not later than the date 
        on which the President submits the budget for the next fiscal 
        year to Congress under section 1105(a) of title 31, United 
        States Code. The report shall include the following:
                    (A) The results of such a Quadrennial Review, 
                including a comprehensive discussion of the national 
                strategy for United States foreign policy and foreign 
                assistance policies and programs, the roles and 
                responsibilities of and strategic guidance for civilian 
                agencies and mechanisms in implementing such strategy, 
                the requirements for overseas infrastructure necessary 
                to carry out such strategy, plans to adapt such 
                agencies and mechanisms to changing circumstances, and 
                the role of international institutions in such 
                strategy.
                    (B) The assumed or defined objectives and missions 
                that inform the national strategy for United States 
                foreign policy and foreign assistance policies and 
                programs.
                    (C) The threats to the assumed or defined 
                objectives and missions of the United States that were 
                examined for the purposes of such a Quadrennial Review.
                    (D) The assumptions used in such a Quadrennial 
                Review, including assumptions relating to--
                            (i) the capacity of United States 
                        diplomatic and development personnel to respond 
                        to such threats;
                            (ii) the cooperation and capacity of 
                        allies, other friendly countries, and 
                        international institutions in addressing such 
                        threats;
                            (iii) levels of engagement in operations 
                        other than war and smaller-scale contingencies 
                        and withdrawal from such operations and 
                        contingencies; and
                            (iv) the intensity, duration, and military 
                        and political end-states of conflicts and 
                        smaller-scale contingencies that arise in the 
                        diplomatic and development context.
                    (E) The anticipated roles and missions of the 
                reserve components available to civilian agencies, 
                including capabilities and resources necessary to 
                assure that such reserve components can capably 
                discharge such roles and missions.
                    (F) The extent to which diplomatic and development 
                personnel need to be shifted to different regions to 
                carry out the national strategy under subsection (a).
                    (G) Any other matter the Secretary considers 
                appropriate.
    (e) Independent Panel Assessment.--
            (1) In general.--Not later than six months before the date 
        on which the report on a Quadrennial Review of Diplomacy and 
        Development is to be transmitted under subsection (d), the 
        President shall establish a panel to conduct an assessment of 
        such a Quadrennial Review.
            (2) Report on assessment.--Not later than three months 
        after the date on which the report on such a Quadrennial Review 
        is transmitted under subsection (d), the panel established 
        under paragraph (1) shall submit to the appropriate 
        congressional committees an assessment of such a Quadrennial 
        Review, including an assessment of the recommendations of such 
        a Quadrennial Review, the stated and implied assumptions 
        incorporated in such a Quadrennial Review, and the 
        vulnerabilities of the strategy underlying such a Quadrennial 
        Review.
    (f) Exclusion.--Any provision in this section relating to budgets 
or budget plans shall not be construed to require any information on 
any program that is funded from accounts within budget function 050 
(National Defense).

SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED CENTER.

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

SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION.

    (a) Findings.--Congress finds the following:
            (1) United States diplomatic and consular missions 
        worldwide retain over 51,000 locally employed staff under local 
        compensation plans (LCP's) in about 170 overseas missions.
            (2) The locally employed staff is the backbone of 
        diplomatic operations, providing management, programmatic, 
        security, maintenance, custodial, and other services wherever 
        the Department of State has established an overseas post.
            (3) Foreign Service and other United States officers who 
        rotate in-and-out of such missions every two to three years are 
        highly dependent on the local employees to bring them up to 
        speed and make sure that the work of any such mission does not 
        falter in transitions during rotations.
            (4) As the number of positions at such missions designated 
        for United States officers that are not filled continues to 
        increase, locally employed staff are called upon to assume many 
        of the responsibilities that United States staff have carried 
        in the past.
            (5) Based on a survey conducted by the Office of the 
        Inspector General (OIG) Department of State, the United States 
        is failing to provide a competitive compensation package for 
        locally employed staff that is commensurate with their 
        experience, technical skills, and responsibilities.
            (6) The Department of State OIG survey data show that the 
        United States Government is providing salary increases that are 
        approximately 60 percent of what is the prevailing practice of 
        the local labor market.
            (7) The Department of State OIG has found numerous cases in 
        which such missions are losing staff to other employers. The 
        OIG has also found numerous cases where it is difficult to 
        replace employees who left to take other jobs, particularly in 
        countries with low unemployment rates.
    (b) Policy Review.--The Secretary of State shall direct a policy 
review to assess the adequacy of locally employed staff compensation. 
In carrying out such policy review the Secretary shall consider the 
recommendations of the Office of the Inspector General of the 
Department of State, including the following:
            (1) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, 
        should hire an outside contractor with international experience 
        to perform an organizational review of the Compensation 
        Management Division of the Office of Overseas Employment to 
        advise on the organization of the compensation management 
        division and on how many analysts are required to handle the 
        compensation management responsibilities, and to recommend 
        training and certifications the analysts should obtain.
            (2) The Office of Management, Policy, Rightsizing and 
        Innovation, in coordination with the Bureau of Human Resources 
        and the Bureau of Resource Management, should ensure that the 
        working group on locally employed staff compensation reviews 
        the connectivity between the activities of the Office of 
        Overseas Employment and the Office of State Programs, 
        Operations and Budget in the Bureau of Resource Management, and 
        makes and distributes written, documented determinations as to 
        the data used by the two offices to make estimates of locally 
        employed staff compensation adjustments, the timing of these 
        activities, and the responsibility each office has for tracking 
        implementation of locally employed staff compensation 
        adjustments.
            (3) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, 
        should implement a locally employed staff compensation review 
        process whereby the Office of Overseas Employment in the Bureau 
        of Human Resources reviews and adjust each post's salary 
        schedule every five years based on a recent salary survey. 
        During the intervening years, the Department should authorize 
        cost-of-living (or inflation) adjustments based on reliable 
        inflation data.
            (4) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, 
        should implement a systematic process of providing 
        comprehensive information to diplomatic and consular missions, 
        Department of State offices, and agency headquarters on 
        periodic salary survey reviews, including comprehensible salary 
        survey analysis, explanations of salary survey changes, and if 
        appropriate, copies of the off-the-shelf surveys for the host 
        country. This approach should be documented and made a part of 
        the periodic process.
            (5) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, the 
        regional bureaus, and the Bureau of Resource Management, should 
        establish, maintain, and monitor a database that tracks 
        information related to locally employed staff compensation and 
        adjustments, including budgetary resources, salary level 
        ceilings calculated by the Office of Overseas Employment, 
        salary levels requested by post, salary levels implemented, 
        dates for these activities, and calculations of whether the 
        Department is meeting prevailing practice. This database should 
        replace the current practice of communicating salary review 
        information by cable.
            (6) The Bureau of Human Resources, in coordination with the 
        Office of Management, Policy, Rightsizing and Innovation, 
        should evaluate the possibility of using different pay setting 
        data establishing different pay scales for blue-collar 
        positions and for professional level positions, and should 
        issue and distribute a written report on the findings and the 
        possibility of implementing the findings.
            (7) The Office of Management, Policy, Rightsizing and 
        Innovation should ensure that the working group on locally 
        employed staff compensation considers the possibility of 
        including members from other United States Government agencies 
        that employ locally employed staff. Whether this recommendation 
        is implemented or not, the Office of Management, Policy, 
        Rightsizing and Innovation should document the decision in 
        writing, and distribute the decision widely in the Department 
        of State and to other agencies that employ locally employed 
        staff.
            (8) The Office of Management, Policy, Rightsizing and 
        Innovation should ensure that the working group on locally 
        employed staff compensation considers the possibility of 
        centralizing decision making for locally employed staff salary 
        increases, and, whether such is eventually implemented or not, 
        make a determination as to its value, document the decision in 
        writing, and distribute the decision widely in the Department 
        of State.
            (9) The Bureau of Human Resources, in cooperation with 
        Resource Management International Cooperative Administrative 
        Support Services, should establish a senior level interagency 
        locally employed staff board of governors to set overall 
        locally employed staff policy.
            (10) The Bureau of Human Resources should send the cable 
        announcing the proposed salary increases for locally employed 
        staff to the attention of both the chief of mission and the 
        management officer.
            (11) The Bureau of Human Resources should request a list of 
        position titles and grades from all positions with exception 
        rate ranges and details on the exception rate range adjustments 
        in the 2010 Locally Employed Staff Compensation Questionnaire.
    (c) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of State shall submit to the appropriate 
committees a report on the implementation of this section, including a 
review of efforts to implement the recommendations of the Office of the 
Inspector General of the Department of State specified in subsection 
(b).

       Subtitle B--Foreign Service Pay Equity and Death Gratuity

SEC. 311. SHORT TITLE.

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

SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

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

``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    ``(a) In General.--A member of the Service who is designated class 
1 or below for purposes of section 403 and whose official duty station 
is neither in the continental United States nor in a non-foreign area 
shall receive, in accordance with the phase-in schedule set forth in 
subsection (c), a locality-based comparability payment (stated as a 
percentage) equal to the locality-based comparability payment (stated 
as a percentage) that would be provided under section 5304 of title 5, 
United States Code, if such member's official duty station were in the 
District of Columbia.
    ``(b) Treatment as Basic Pay.--The amount of any locality-based 
comparability payment which is payable to a member of the Service by 
virtue of this section--
            ``(1) shall be considered to be part of the basic pay of 
        such member--
                    ``(A) for the same purposes as provided for under 
                section 5304(c)(2)(A) of title 5, United States Code; 
                and
                    ``(B) for purposes of chapter 8; and
            ``(2) shall be subject to any limitations on pay applicable 
        to locality-based comparability payments under section 5304 of 
        title 5, United States Code.
    ``(c) Phase-In.--The locality-based comparability payment payable 
to a member of the Service under this section shall--
            ``(1) beginning on the first day of the first pay period 
        that is 90 days after the date of the enactment of this 
        subsection, be equal to 33.33 percent of the payment which 
        would otherwise apply under subsection (a);
            ``(2) beginning on the first day of the first pay period in 
        April 2010, be equal to 66.67 percent of the payment which 
        would otherwise apply under subsection (a); and
            ``(3) beginning on the first day of the first pay period in 
        fiscal year 2011 and each subsequent fiscal year, be equal to 
        the payment determined under subsection (a).
    ``(d) Non-Foreign Area Defined.--For purposes of this section, the 
term `non-foreign area' has the same meaning as is given such term in 
regulations carrying out section 5941 of title 5, United States 
Code.''.
            (2) Conforming amendment.--The table of contents set forth 
        in section 2 of such Act is amended by inserting after the item 
        relating to section 414 the following:

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


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


    (c) Reporting Requirements.--Not later than October 1, 2010, the 
Secretary of State shall submit to the appropriate congressional 
committees an assessment of all allowances provided to members of the 
Foreign Service under the Foreign Service Act of 1980 or under title 5, 
United States Code, and in particular, how such allowances have been or 
will be affected by the amendments to the Foreign Service Act of 1980 
made by this Act.

SEC. 313. DEATH GRATUITY.

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

          Subtitle C--Other Organization and Personnel Matters

SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.

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

``SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.

    ``(a) In General.--The Secretary is authorized to establish the 
Transatlantic Diplomatic Fellowship Program. Under the program, the 
Secretary may assign a member of the Service, for not more than one 
year, to a position with any designated country or designated entity 
that permits an employee to be assigned to a position with the 
Department.
    ``(b) Salary and Benefits.--The salary and benefits of a member of 
the Service shall be paid as described in subsection (b) of section 503 
during a period in which such member is participating in the 
Transatlantic Diplomatic Fellowship Program. The salary and benefits of 
an employee of a designated country or designated entity participating 
in such program shall be paid by such country or entity during the 
period in which such employee is participating in the program.
    ``(c) Definitions.--In this section:
            ``(1) The term `designated country' means a member country 
        of--
                    ``(A) the North Atlantic Treaty Organization; or
                    ``(B) the European Union.
            ``(2) The term `designated entity' means--
                    ``(A) the North Atlantic Treaty Organization; or
                    ``(B) the European Union.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) authorize the appointment as an officer or employee 
        of the United States of--
                    ``(A) an individual whose allegiance is to any 
                country, government, or foreign or international entity 
                other than to the United States; or
                    ``(B) an individual who has not met the 
                requirements of sections 3331, 3332, 3333, and 7311 of 
                title 5, United States Code, and any other provision of 
                law concerning eligibility for appointment as, and 
                continuation of employment as, an officer or employee 
                of the United States; or
            ``(2) authorize the Secretary to assign a member of the 
        Service to a position with any foreign country whose laws, or 
        foreign or international entity whose rules, require such 
        member to give allegiance or loyalty to such country or entity 
        while assigned to such position.''
    (b) Technical and Conforming Amendments.--The Foreign Service Act 
of 1980 is amended--
            (1) in section 503 (22 U.S.C. 3983)--
                    (A) in the section heading, by striking ``and'' and 
                inserting ``Foreign Governments, or''; and
                    (B) in subsection (a)(1), by inserting before the 
                semicolon at the end the following: ``, or with a 
                foreign government under sections 506 or 507''; and
            (2) in section 2, in the table of contents--
                    (A) by striking the item relating to section 503 
                and inserting the following new item:

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

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

SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM.

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

``SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM.

    ``(a) In General.--The Secretary is authorized to establish the 
Security Officers Exchange Program. Under the program, the Secretary 
may assign a member of the Service, for not more than a total of three 
years, to a position with any country or international organization 
designated by the Secretary pursuant to subsection (c) that permits an 
employee to be assigned to a position with the Department.
    ``(b) Salary and Benefits.--The salary and benefits of the members 
of the Service shall be paid as described in subsection (b) of section 
503 during a period in which such officer is participating in the 
Security Officers Exchange Program. The salary and benefits of an 
employee of a designated country or international organization 
participating in such program shall be paid by such country or 
international organization during the period in which such employee is 
participating in the program.
    ``(c) Designation.--The Secretary may designate a country or 
international organization to participate in this program if the 
Secretary determines that such participation is in the national 
security interests of the United States.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) authorize the appointment as an officer or employee 
        of the United States of--
                    ``(A) an individual whose allegiance is to any 
                country, government, or foreign or international entity 
                other than to the United States; or
                    ``(B) an individual who has not met the 
                requirements of sections 3331, 3332, 3333, and 7311 of 
                title 5, United States Code, and any other provision of 
                law concerning eligibility for appointment as, and 
                continuation of employment as, an officer or employee 
                of the United States; or
            ``(2) authorize the Secretary to assign a member of the 
        Service to a position with any foreign country whose laws, or 
        foreign or international entity whose rules, require such 
        member to give allegiance or loyalty to such country or entity 
        while assigned to such position.''
    (b) Technical and Conforming Amendment.--Section 2 of the Foreign 
Service Act of 1980 is amended, in the table of contents, by adding 
after the item relating to section 506 (as added by section 
321(b)(2)(B) of this Act) the following new item:

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

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

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

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

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

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

SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.

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

SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL.

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

SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNUITANTS.

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

SEC. 328. PERSONAL SERVICES CONTRACTORS.

    (a) In General.--In addition to other authorities that may be 
available, the Secretary of State may establish a pilot program (in 
this section referred to as the ``program'') for the purpose of hiring 
United States citizens or aliens as personal services contractors, for 
service in the United States, or for service both in the United States 
and abroad, to respond to new or emerging needs or to augment current 
services.
    (b) Conditions.--The Secretary is authorized to use the authority 
of subsection (a), subject to the following conditions:
            (1) The Secretary determines that existing personnel 
        resources are insufficient.
            (2) The contract length, including options, may not exceed 
        two years, unless the Secretary makes a finding that 
        exceptional circumstances justify an extension of up to one 
        additional year.
            (3) Not more than a total of 200 United States citizens or 
        aliens are employed at any one time as personal services 
        contractors under this section.
            (4) This authority may only be used to obtain specialized 
        skills or experience or to respond to urgent needs.
    (c) Status of Personal Service Contractors.--
            (1) In general.--An individual hired as a personal service 
        contractor pursuant to this section shall not, by virtue of 
        such hiring, be considered to be an employee of the United 
        States Government for purposes of any law administered by the 
        Office of Personnel Management.
            (2) Applicable laws.--An individual hired as a personal 
        service contractor pursuant to this section shall be covered, 
        in the same manner as a similarly-situated employee, by--
                    (A) the Ethics in Government Act of 1978;
                    (B) section 27 of the Office of Federal Procurement 
                Policy Act; and
                    (C) chapter 73 of title 5, sections 201, 203, 205, 
                207, 208, and 209 of title 18, and section 1346 and 
                chapter 171 of title 28, United States Code.
            (3) Exception.--This subsection shall not affect the 
        determination as to whether an individual hired as a personal 
        service contractor pursuant to this section is an employee of 
        the United States Government for purposes of any Federal law 
        not specified in paragraphs (1) and (2).
    (d) Termination of Authority.--The authority to award personal 
services contracts under the program authorized by this section shall 
terminate on September 30, 2011. A contract entered into prior to the 
termination date under this subsection may remain in effect until 
expiration.

SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.

    (a) Resources To Protect Intellectual Property Rights.--The 
Secretary of State shall ensure that the protection in foreign 
countries of the intellectual property rights of United States persons 
in other countries is a significant component of United States foreign 
policy in general and in relations with individual countries. The 
Secretary of State, in consultation with the Director General of the 
United States and Foreign Commercial Service and other agencies as 
appropriate, shall ensure that adequate resources are available at 
diplomatic missions in any country that is identified under section 
182(a)(1) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure--
            (1) support for enforcement action against violations of 
        the intellectual property rights of United States persons in 
        such country; and
            (2) cooperation with the host government to reform its 
        applicable laws, regulations, practices, and agencies to enable 
        that government to fulfill its international and bilateral 
        obligations with respect to intellectual property rights.
    (b) New Appointments.--The Secretary of State, in consultation with 
the Director General of the United States and Foreign Commercial 
Service, shall appoint 10 intellectual property attaches to serve in 
United States embassies or other diplomatic missions. The 10 
appointments shall be in addition to personnel serving, on the date of 
the enactment of this Act, in the capacity of intellectual property 
attaches from any department or agency of the United States at United 
States embassies or other diplomatic missions.
    (c) Priority Assignments.--
            (1) In general.--Subject to paragraph (2), in designating 
        the embassies or other missions to which attaches are assigned 
        under subsection (b), the Secretary of State shall give 
        priority to those countries where the activities of an attache 
        may be carried out with the greatest potential benefit to 
        reducing counterfeit and pirated products in the United States 
        market, to protecting the intellectual property rights of 
        United States persons and their licensees, and to protecting 
        the interests of United States persons otherwise harmed by 
        violations of intellectual property rights in those countries.
            (2) Assignments to priority countries.--In carrying out 
        paragraph (1), the Secretary of State shall consider assigning 
        intellectual property attaches--
                    (A) to the countries that have been identified 
                under section 182(a)(1) of the Trade Act of 1974 (19 
                U.S.C. 2242(a)(1)); and
                    (B) to the country where the Organization for 
                Economic Cooperation and Development has its 
                headquarters.
    (d) Duties and Responsibilities of Intellectual Property 
Attaches.--The intellectual property attaches appointed under 
subsection (b), as well as others serving as intellectual property 
attaches of any other department or agency of the United States, shall 
have the following responsibilities:
            (1) To promote cooperation with foreign governments in the 
        enforcement of intellectual property laws generally, and in the 
        enforcement of laws against counterfeiting and piracy in 
        particular.
            (2) To assist United States persons holding intellectual 
        property rights, and the licensees of such United States 
        persons, in their efforts to combat counterfeiting and piracy 
        of their products or works within the host country, including 
        counterfeit or pirated goods exported from or transshipped 
        through that country.
            (3) To chair an intellectual property protection task force 
        consisting of representatives from all other relevant sections 
        or bureaus of the embassy or other mission.
            (4) To coordinate with representatives of the embassies or 
        missions of other countries in information sharing, private or 
        public communications with the government of the host country, 
        and other forms of cooperation for the purpose of improving 
        enforcement against counterfeiting and piracy.
            (5) As appropriate and in accordance with applicable laws 
        and the diplomatic status of the attaches, to engage in public 
        education efforts against counterfeiting and piracy in the host 
        country.
            (6) To coordinate training and technical assistance 
        programs of the United States Government within the host 
        country that are aimed at improving the enforcement of laws 
        against counterfeiting and piracy.
            (7) To identify and promote other means to more effectively 
        combat counterfeiting and piracy activities under the 
        jurisdiction of the host country.
    (e) Training.--The Secretary of State shall ensure that each 
attache 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 attaches 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.

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 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-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 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 
        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--
            (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 to General Schedule pay rates), except that no employee 
of the Foundation may receive a rate of basic pay that exceeds the rate 
for level IV of the Executive Schedule under section 5315 of such 
title.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; and
            (2) the term ``detail'' means the assignment or loan of an 
        employee, without a change of position, from the agency by 
        which such employee is employed to the Foundation.

SEC. 710. GAO REVIEW.

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

SEC. 711. AUTHORIZATION OF APPROPRIATIONS.

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

       TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

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

SEC. 801. SHORT TITLE.

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

SEC. 802. FINDINGS.

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

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

    (a) Review and Assessment.--
            (1) In general.--Not later than March 31, 2010, the 
        President shall conduct a comprehensive and systematic review 
        and assessment of the United States arms export controls system 
        in the context of the national security interests and strategic 
        foreign policy objectives of the United States.
            (2) Elements.--The review and assessment required under 
        paragraph (1) shall--
                    (A) determine the overall effectiveness of the 
                United States arms export controls system in order to, 
                where appropriate, strengthen controls, improve 
                efficiency, and reduce unnecessary redundancies across 
                Federal Government agencies, through administrative 
                actions, including regulations, and to formulate 
                legislative proposals for new authorities that are 
                needed;
                    (B) develop processes to ensure better coordination 
                of arms export control activities of the Department of 
                State with activities of other departments and agencies 
                of the United States that are responsible for enforcing 
                United States arms export control laws;
                    (C) ensure that weapons-related nuclear technology, 
                other technology related to weapons of mass 
                destruction, and all items on the Missile Technology 
                Control Regime Annex are subject to stringent control 
                by the United States Government;
                    (D) determine the overall effect of arms export 
                controls on counterterrorism, law enforcement, and 
                infrastructure protection missions of the Department of 
                Homeland Security;
                    (E) determine the effects of export controls 
                policies and the practices of the export control 
                agencies on the United States defense industrial base 
                and United States employment in the industries affected 
                by export controls;
                    (F) contain a detailed summary of known attempts by 
                unauthorized end-users (such as international arms 
                traffickers, foreign intelligence agencies, and foreign 
                terrorist organizations) to acquire items on the United 
                States Munitions List and related technical data, 
                including--
                            (i) data on--
                                    (I) commodities sought, such as M-4 
                                rifles, night vision devices, F-14 
                                spare parts;
                                    (II) parties involved, such as the 
                                intended end-users, brokers, 
                                consignees, and shippers;
                                    (III) attempted acquisition of 
                                technology and technical data critical 
                                to manufacture items on the United 
                                States Munitions List;
                                    (IV) destination countries and 
                                transit countries;
                                    (V) modes of transport;
                                    (VI) trafficking methods, such as 
                                use of false documentation and front 
                                companies registered under flags of 
                                convenience;
                                    (VII) whether the attempted illicit 
                                transfer was successful; and
                                    (VIII) any administrative or 
                                criminal enforcement actions taken by 
                                the United States and any other 
                                government in relation to the attempted 
                                illicit transfer;
                            (ii) a thorough evaluation of the Blue 
                        Lantern Program, including the adequacy of 
                        current staffing and funding levels;
                            (iii) a detailed analysis of licensing 
                        exemptions and their successful exploitation by 
                        unauthorized end-users; and
                            (iv) an examination of the extent to which 
                        the increased tendency toward outsourcing and 
                        off-shoring of defense production harm United 
                        States national security and weaken the defense 
                        industrial base, including direct and indirect 
                        impact on employment, and formulate policies to 
                        address these trends as well as the policy of 
                        some United States trading partners to require 
                        offsets for major sales of defense articles; 
                        and
                    (G) assess the extent to which export control 
                policies and practices under the Arms Export Control 
                Act promote the protection of basic human rights.
    (b) Congressional Briefings.--The President shall provide periodic 
briefings to the appropriate congressional committees on the progress 
of the review and assessment conducted under subsection (a). The 
requirement to provide congressional briefings under this subsection 
shall terminate on the date on which the President transmits to the 
appropriate congressional committees the report required under 
subsection (c).
    (c) Report.--Not later than 18 months after the date of the 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees and the Committee on Armed Services of the 
House of Representatives and the Committee on Armed Services of the 
Senate a report that contains the results of the review and assessment 
conducted under subsection (a). The report required by this subsection 
shall contain a certification that the requirement of subsection 
(a)(2)(C) has been met, or if the requirement has not been met, the 
reasons therefor. The report required by this subsection shall be 
submitted in unclassified form, but may contain a classified annex, if 
necessary.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 811. SENSE OF CONGRESS.

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

SEC. 812. DEFINITIONS.

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

SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

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

           Subtitle B--Provisions Relating to Export Licenses

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

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

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

    (a) Foreign Military Sales.--
            (1) In general.--Section 36(b) of the Arms Export Control 
        Act (22 U.S.C. 2776(b)) is amended--
                    (A) in paragraph (1)--
                            (i) by striking ``$50,000,000'' and 
                        inserting ``$100,000,000'';
                            (ii) by striking ``$200,000,000'' and 
                        inserting ``$300,000,000'';
                            (iii) by striking ``$14,000,000'' and 
                        inserting ``$25,000,000''; and
                            (iv) by striking ``The letter of offer 
                        shall not be issued'' and all that follows 
                        through ``enacts a joint resolution'' and 
                        inserting the following:
    ``(2) The letter of offer shall not be issued--
            ``(A) with respect to a proposed sale of any defense 
        articles or defense services under this Act for $200,000,000 or 
        more, any design and construction services for $300,000,000 or 
        more, or any major defense equipment for $75,000,000 or more, 
        to the North Atlantic Treaty Organization (NATO), any member 
        country of NATO, Japan, Australia, the Republic of Korea, 
        Israel, or New Zealand, if Congress, within 15 calendar days 
        after receiving such certification, or
            ``(B) with respect to a proposed sale of any defense 
        articles or services under this Act for $100,000,000 or more, 
        any design and construction services for $200,000,000 or more, 
        or any major defense equipment for $50,000,000 or more, to any 
        other country or organization, if Congress, within 30 calendar 
        days after receiving such certification,
enacts a joint resolution''; and
                    (B) by redesignating paragraphs (2) through (6) as 
                paragraphs (3) through (7), respectively.
            (2) Technical and conforming amendments.--Section 36 of the 
        Arms Export Control Act (22 U.S.C. 2776) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (6)(C), as redesignated, 
                        by striking ``Subject to paragraph (6), if'' 
                        and inserting ``If''; and
                            (ii) by striking paragraph (7), as 
                        redesignated; and
                    (B) in subsection (c)(4), by striking ``subsection 
                (b)(5)'' each place it appears and inserting 
                ``subsection (b)(6)''.
    (b) Commercial Sales.--Section 36(c) of the Arms Export Control Act 
(22 U.S.C. 2776(c)) is amended--
            (1) in paragraph (1)--
                    (A) by striking ``Subject to paragraph (5), in'' 
                and inserting ``In'';
                    (B) by striking ``$14,000,000'' and inserting 
                ``$25,000,000''; and
                    (C) by striking ``$50,000,000'' and inserting 
                ``$100,000,000'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by inserting after ``for an export'' 
                        the following: ``of any major defense equipment 
                        sold under a contract in the amount of 
                        $75,000,000 or more or of defense articles or 
                        defense services sold under a contract in the 
                        amount of $200,000,000 or more, (or, in the 
                        case of a defense article that is a firearm 
                        controlled under category I of the United 
                        States Munitions List, $1,000,000 or more)''; 
                        and
                            (ii) by striking ``Organization,'' and 
                        inserting ``Organization (NATO),'' and by 
                        further striking ``that Organization'' and 
                        inserting ``NATO''; and
                    (B) in subparagraph (C), by inserting after 
                ``license'' the following: ``for an export of any major 
                defense equipment sold under a contract in the amount 
                of $50,000,000 or more or of defense articles or 
                defense services sold under a contract in the amount of 
                $100,000,000 or more, (or, in the case of a defense 
                article that is a firearm controlled under category I 
                of the United States Munitions List, $1,000,000 or 
                more)''; and
            (3) by striking paragraph (5).

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

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

SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EXPORTS.

    Section 655(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2415(b)) is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following:
            ``(4) were exported without a license under section 38 of 
        the Arms Export Control Act (22 U.S.C. 2778) pursuant to an 
        exemption established under the International Traffic in Arms 
        Regulations, other than defense articles exported in 
        furtherance of a letter of offer and acceptance under the 
        Foreign Military Sales program or a technical assistance or 
        manufacturing license agreement, including the specific 
        exemption provision in the regulation under which the export 
        was made.''.

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

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

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

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

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

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

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

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

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

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

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

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

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

    (a) In General.--Section 38(c) of the Arms Export Control Act (22 
U.S.C. 2778(c) is amended to read as follows:
    ``(c) Violations of This Section and Section 39.--
            ``(1) Unlawful acts.--It shall be unlawful for any person 
        to violate, attempt to violate, conspire to violate, or cause a 
        violation of any provision of this section or section 39, or 
        any rule or regulation issued under either section, or who, in 
        a registration or license application or required report, makes 
        any untrue statement of a material fact or omits to state a 
        material fact required to be stated therein or necessary to 
        make the statements therein not misleading.
            ``(2) Criminal penalties.--A person who willfully commits 
        an unlawful act described in paragraph (1) shall upon 
        conviction--
                    ``(A) be fined for each violation in an amount not 
                to exceed $1,000,000, or
                    ``(B) in the case of a natural person, be 
                imprisoned for each violation for not more than 20 
                years,
        or both.''.
    (b) Mechanisms to Identify Violators.--Section 38(g) of the Arms 
Export Control Act (22 U.S.C. 2778(g)) is amended--
            (1) in paragraph (1)----
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``or otherwise charged'' after 
                        ``indictment'';
                            (ii) in clause (xi), by striking ``or'' at 
                        the end; and
                            (iii) by adding at the end the following:
                    ``(xiii) section 542 of title 18, United States 
                Code, relating to entry of goods by means of false 
                statements;
                    ``(xiv) section 554 of title 18, United States 
                Code, relating to smuggling goods from the United 
                States; or
                    ``(xv) section 1831 of title 18, United States 
                Code, relating to economic espionage.''; and
                    (B) in subparagraph (B), by inserting ``or 
                otherwise charged'' after ``indictment''; and
            (2) in paragraph (3)(A), by inserting ``or otherwise 
        charged'' after ``indictment''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to violations of sections 38 and 39 of the Arms Export 
Control Act committed on or after that date.

                  Subtitle C--Miscellaneous Provisions

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

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

SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND.

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

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

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

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

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

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

    (a) Initial Report.--Not later than 30 days after the date of the 
enactment of this Act, the President shall transmit to the appropriate 
congressional committees a report that contains--
            (1) a complete, unedited, and unredacted copy of each 
        assurance made by United States Government officials to 
        officials of the Government of Israel regarding Israel's 
        security and maintenance of Israel's qualitative military edge, 
        as well as any other assurance regarding Israel's security and 
        maintenance of Israel's qualitative military edge provided in 
        conjunction with exports under the Arms Export Control Act (22 
        U.S.C. 2751 et seq.), for the period beginning on January 1, 
        1975, and ending on the date of the enactment of this Act; and
            (2) an analysis of the extent to which, and by what means, 
        each such assurance has been and is continuing to be fulfilled.
    (b) Subsequent Reports.--
            (1) New assurances and revisions.--The President shall 
        transmit to the appropriate congressional committees a report 
        that contains the information required under subsection (a) 
        with respect to--
                    (A) each assurance described in subsection (a) made 
                on or after the date of the enactment of this Act, or
                    (B) revisions to any assurance described in 
                subsection (a) or subparagraph (A) of this paragraph,
        within 15 days of the new assurance or revision being conveyed.
            (2) 5-year reports.--Not later than 5 years after the date 
        of the enactment of this Act, and every 5 years thereafter, the 
        President shall transmit to the appropriate congressional 
        committees a report that contains the information required 
        under subsection (a) with respect to each assurance described 
        in subsection (a) or paragraph (1)(A) of this subsection and 
        revisions to any assurance described in subsection (a) or 
        paragraph (1)(A) of this subsection during the preceding 5-year 
        period.
    (c) Form.--Each report required by this section shall be 
transmitted in unclassified form, but may contain a classified annex, 
if necessary.

SEC. 846. WAR RESERVES STOCKPILE.

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

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

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

SEC. 848. SUPPORT TO ISRAEL FOR MISSILE DEFENSE.

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

           TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

                     Subtitle A--General Provisions

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

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

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

    (a) Findings.--Congress finds the following:
            (1) The illicit drug trade--which has taken a toll on the 
        small countries of the Caribbean Community (CARICOM) for many 
        years--is now moving even more aggressively into these 
        countries.
            (2) A March 2007 joint report by the United Nations Office 
        on Drugs and Crime (UNODC) and the World Bank noted that murder 
        rates in the Caribbean--at 30 per 100,000 population annually--
        are higher than for any other region of the world and have 
        risen in recent years for many of the region's countries. The 
        report also argues that the strongest explanation for the high 
        crime and violence rates in the Caribbean and their rise in 
        recent years is drug trafficking.
            (3) If the United States does not move quickly to provide 
        Merida Initiative assistance to the CARICOM countries, the 
        positive results of the Merida Initiative in Mexico and Central 
        America will move the drug trade deeper into the Caribbean and 
        multiply the already alarming rates of violence.
    (b) Consultations.--Not later than 30 days after the date of the 
enactment of this Act, the Secretary of State is authorized to consult 
with the countries of the Caribbean Community (CARICOM) in preparation 
for their inclusion into the Merida Initiative.
    (c) Incorporation of CARICOM Countries Into the Merida 
Initiative.--The President is authorized to incorporate the CARICOM 
countries into the Merida Initiative.

SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUATION MECHANISM.

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

SEC. 904. MERIDA INITIATIVE DEFINED.

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

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

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

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

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

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

SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM.

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

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

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

                    TITLE X--REPORTING REQUIREMENTS

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

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

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

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

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

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

SEC. 1004. REPORTS ON HONG KONG.

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

SEC. 1005. DEMOCRACY IN GEORGIA.

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

SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL.

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

SEC. 1007. POLICE TRAINING REPORT.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the President shall, in coordination with the 
heads of relevant Federal departments and agencies, conduct a study and 
transmit to Congress a report on current overseas civilian police 
training in countries or regions that are at risk of, in, or are in 
transition from, conflict or civil strife.
    (b) Contents.--The report required under subsection (a) shall 
contain information on the following:
            (1) The coordination, communication, program management, 
        and policy implementation among the United States civilian 
        police training programs in countries or regions that are at 
        risk of, in, or are in transition from, conflict or civil 
        strife.
            (2) The number of private contractors conducting such 
        training, and the quality and cost of such private contractors.
            (3) An assessment of pre-training procedures for 
        verification of police candidates to adequately assess their 
        aptitude, professional skills, integrity, and other 
        qualifications that are essential to law enforcement work.
            (4) An analysis of the practice of using existing Federal 
        police entities to provide civilian police training in 
        countries or regions that are at risk of, in, or are in 
        transition from, conflict or civil strife, along with the 
        subject matter expertise that each such entity may provide to 
        meet local needs in lieu of the use of private contractors.
            (5) Provide recommendations, including recommendations 
        related to required resources and actions, to maximize the 
        effectiveness and interagency coordination and the adequate 
        provision of civilian police training programs in countries or 
        regions that are at risk of, in, or are in transition from, 
        conflict or civil strife.

SEC. 1008. REPORTS ON HUMANITARIAN ASSISTANCE IN GAZA.

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

SEC. 1009. REPORT ON ACTIVITIES IN HAITI.

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

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

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

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

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

                   TITLE XI--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

SEC. 1101. BILATERAL COMMISSION WITH NIGERIA.

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

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

    (a) Use of Private Venture Capital.--
            (1) In general.--In order to maximize the effectiveness of 
        the activities of the Southern Africa Enterprise Development 
        Fund, the Fund may conduct public offerings or private 
        placements for the purpose of soliciting and accepting private 
        venture capital which may be used, separately or together with 
        funds made available from the United States Government, for any 
        lawful investment purpose that the Board of Directors of the 
        Fund may determine in carrying out the activities of the Fund.
            (2) Distribution of financial returns.--Financial returns 
        on Fund investments that include a component of private venture 
        capital may be distributed, at such times and in such amounts 
        as the Board of Directors of the Fund may determine, to the 
        investors of such capital.
    (b) Nonapplicability of Other Laws.--
            (1) In general.--Funds made available from the United 
        States Government to the Fund may be used for the purposes of 
        the agreement between the United States Government and the Fund 
        notwithstanding any other provision of law.
            (2) Support from federal departments and agencies.--The 
        heads of Federal departments and agencies may conduct programs 
        and activities and provide services in support of the 
        activities of the Fund notwithstanding any other provision of 
        law.
    (c) Definition.--In this section, the term ``Southern Africa 
Enterprise Development Fund'' or ``Fund'' includes--
            (1) any successor or related entity to the Southern Africa 
        Enterprise Development Fund that is approved the United States 
        Government; and
            (2) any organization, corporation, limited-liability 
        partnership, foundation, or other corporate structure that 
        receives, or is authorized by the United States Government to 
        manage, any or all of the remaining funds or assets of the 
        Southern Africa Enterprise Development Fund.

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

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

SEC. 1104. STATELESSNESS.

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

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

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

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

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

SEC. 1107. STATEMENT OF CONGRESS REGARDING AFGHAN WOMEN.

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

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

    (a) Findings.--Congress makes the following findings:
            (1) Over 100,000 military and civilian personnel are 
        engaged in 18 United Nations peacekeeping operations around the 
        world. Peacekeeping operations are critical to maintaining a 
        peaceful and stable international environment.
            (2) The United States has a vital interest in ensuring that 
        United Nations peacekeeping operations are successful. 
        Countries undergoing conflict threaten the national and 
        economic security of the United States, risk becoming safe 
        havens for terrorist organizations, and often feature levels of 
        human rights abuses and human deprivation that are an affront 
        to the values of the American people.
            (3) Over the years, United Nations peacekeeping has evolved 
        to meet the demands of different conflicts and a changing 
        political landscape. Today's peacekeeping mission is most often 
        ``multidimensional'' and includes a wide variety of complex 
        tasks such as civilian protection, helping to build sustainable 
        institutions of governance, human rights monitoring, security 
        sector reform, facilitating delivery of humanitarian relief and 
        disarmament, demobilization and reintegration of former 
        combatants.
            (4) United Nations peacekeeping operations allow the United 
        States to respond to global crises within a multilateral 
        framework with costs shared among nations. A 2007 Government 
        Accountability Office report found that in general a United 
        States peacekeeping operation is likely to be ``much more 
        expensive'' than a United Nations peacekeeping operation, 
        regardless of location.
            (5) In many missions due to vast swaths of terrain and 
        limited infrastructure, ongoing low-intensity fighting, and the 
        presence of ``peace spoilers'', United Nations peacekeepers 
        cannot carry out the complex tasks with which they are charged 
        without critical enablers, and in particular air assets.
            (6) The United Nations Secretary-General has repeatedly 
        noted the deleterious impact of insufficient helicopters for 
        peacekeeping missions in Darfur and the Democratic Republic of 
        the Congo. History has shown that under-resourced peacekeeping 
        troops are not only unable to carry out their mandates, they 
        erode the credibility of the United Nations and are themselves 
        likely to come under attack.
            (7) Senate Resolution 432 and House Resolution 1351 of the 
        110th Congress--
                    (A) urged members of the international community, 
                including the United States, that possessed the 
                capability to provide tactical and utility helicopters 
                needed for the United Nations-African Union Mission in 
                Darfur (UNAMID) to do so as soon as possible; and
                    (B) urged the President to intervene personally by 
                contacting other heads of state and asking them to 
                contribute the aircraft and crews to the Darfur 
                mission.
            (8) The current framework of relying on member countries to 
        provide air assets on a volunteer basis has not yielded 
        sufficient results. The United Nations still faces a shortfall 
        of over 50 helicopters for UNAMID, the Democratic Republic of 
        Congo (MONUC), and the Republic of Chad (MINURCAT). A review of 
        trend lines suggests that any new United Nations peacekeeping 
        missions authorized within the next five to seven years would 
        face similar shortfalls.
            (9) Numerous studies and reports have determined that there 
        is no global shortage of air assets. It is inexcusable to allow 
        authorized United Nations peacekeeping missions to founder for 
        the lack of critical mobility capabilities.
    (b) Purpose.--The purpose of assistance authorized by this section 
is to help protect civilians by training and equipping peacekeepers 
worldwide, to include financing the refurbishment of helicopters.
    (c) Use of Funds.--
            (1) In general.--The Secretary of State is authorized to 
        use amounts authorized to be appropriated to carry out this 
        section to provide funding to carry out and expand Global Peace 
        Operations Initiative programs and activities. Such programs 
        and activities shall include--
                    (A) training and equipping peacekeepers worldwide, 
                with a particular focus on Africa;
                    (B) enhancing the capacity of regional and sub-
                regional organizations to plan, train for, manage, 
                conduct, sustain and obtain lessons-learned from peace 
                support operations;
                    (C) carrying out a clearinghouse function to 
                exchange information and coordinate G-8 efforts to 
                enhance peace operations;
                    (D) providing transportation and logistics support 
                for deploying peacekeepers;
                    (E) developing a cached equipment program to 
                procure and warehouse equipment for use in peace 
                operations globally;
                    (F) providing support to the international Center 
                of Excellence for Stability Police Units (COESPU) in 
                Italy to increase the capabilities and interoperability 
                of stability police to participate in peace operations;
                    (G) conducting sustainment and self-sufficiency 
                activities in support of the objectives described in 
                subparagraphs (A) through (F) with a focus on assisting 
                partners to sustain proficiencies gained in training 
                programs; and
                    (H) financing the refurbishment of helicopters in 
                preparation for their deployment to United Nations 
                peacekeeping operations or to regional peacekeeping 
                operations which have been approved by the United 
                Nations Security Council.
            (2) Sense of congress.--It is the sense of Congress that 
        failure on the part of the international community to take all 
        steps necessary to deploy and maintain fully capacitated United 
        Nations peacekeeping operations will result in continued loss 
        of life and human suffering. Therefore, in carrying out this 
        section, the Secretary of State should prioritize the 
        refurbishment of helicopters with a goal of participating in 
        the financing of no fewer than three helicopter refurbishments 
        by the end of fiscal year 2011.
            (3) Support from other countries.--In providing funding 
        under paragraph (1), the Secretary of State shall to the 
        greatest extent possible seek to leverage such funding with 
        financing from other countries.
    (d) Report.--
            (1) In general.--Not later than 180 days after the date of 
        the enactment of this Act and one year thereafter, the 
        Secretary of State shall submit to the appropriate 
        congressional committees a report on the activities of the 
        United States Government to carry out the provisions of this 
        section.
            (2) Contents.--The report required under paragraph (1) 
        shall include--
                    (A) a description of the Global Peace Operations 
                Initiative programs and activities undertaken, by 
                country;
                    (B) a description of the funds obligated and 
                expended in each country, by program and fiscal year;
                    (C) a description of the coordination of these 
                efforts within the United States Government interagency 
                process and with other nations along with any 
                recommendations for improvements;
                    (D) a description of the GPOI's activities 
                concerning the refurbishment of air assets for United 
                Nations peacekeeping operations and regional 
                peacekeeping operations that have been approved by the 
                United Nations Security Council;
                    (E) data measuring the quality of the training and 
                proficiency of the trainees program-wide;
                    (F) data on the training and deployment activities 
                of graduates of the international Center of Excellence 
                for Stability Police Units (COESPU) in their home 
                countries;
                    (G) a description of vetting activities for all 
                GPOI training to ensure that all individuals in 
                composite units are vetted for human rights violations;
                    (H) data measuring the timeliness of equipment 
                delivery and recommendations for improvement as 
                appropriate; and
                    (I) description of how GPOI trainees and GPOI-
                provided equipment contribute to improved civilian 
                protection in peace operations.
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2010 and 2011 to carry out this section.
    (f) Definition.--In this section, the term ``Global Peace 
Operations Initiative'' or ``GPOI'' means the program established by 
the Department of State to address major gaps in international peace 
operations support, including by building and maintaining capability, 
capacity, and effectiveness of peace operations.

SEC. 1109. FREEDOM OF THE PRESS.

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

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

    (a) In General.--The Director General of the Foreign Commercial 
Service, in consultation with the Assistant Secretary of Commerce for 
Trade Promotion and the Assistant Secretary of State for Economic, 
Energy and Business Affairs, should ensure that the annual Country 
Commercial Guides for United States businesses include--
            (1) detailed assessments concerning each foreign country in 
        which acts of unfair business and investment practices or other 
        actions that have resulted in poor business and investment 
        climates were, in the opinion of the Director General of the 
        Foreign Commercial Service, of major significance;
            (2) all relevant information about such unfair business and 
        investment practices or other actions during the preceding year 
        by members of the business community, the judiciary, and the 
        government of such country which may have impeded United States 
        business or investment in such country, including the capacity 
        for United States citizens to operate their businesses without 
        fear of reprisals; and
            (3) information on--
                    (A) the extent to which the government of such 
                country is working to prevent unfair business and 
                investment practices; and
                    (B) the extent of United States Government action 
                to prevent unfair business and investment practices or 
                other actions that harm United States business or 
                investment interests in relevant cases in such country.
    (b) Additional Provisions To Be Included.--The information required 
under subsection (a) should, to the extent feasible, include--
            (1) with respect to paragraph (1) of such subsection--
                    (A) a review of the efforts undertaken by each 
                foreign country to promote a healthy business and 
                investment climate that is also conducive to the United 
                States business community and United States investors, 
                including, as appropriate, steps taken in international 
                fora;
                    (B) the response of the judicial and local 
                arbitration systems of each such country that is the 
                subject of such detailed assessment with respect to 
                matters relating to the business and investment 
                climates affecting United States citizens and entities, 
                or that have, in the opinion of the Director General of 
                the Foreign Commercial Service, a significant impact on 
                United States business and investment efforts; and
                    (C) each such country's access to the United States 
                market;
            (2) with respect to paragraph (2) of such subsection--
                    (A) any actions undertaken by the government of 
                each foreign country that prevent United States 
                citizens and businesses from receiving equitable 
                treatment;
                    (B) actions taken by private businesses and 
                citizens of each such country against members of the 
                United States business community and United States 
                investors;
                    (C) unfair decisions rendered by the legal systems 
                of each such country that clearly benefit State and 
                local corporations and industries; and
                    (D) unfair decisions rendered by local arbitration 
                panels of each such country that do not exemplify 
                objectivity and do not provide an equitable ground for 
                United States citizens and businesses to address their 
                disputes; and
            (3) with respect to paragraph (3) of such subsection, 
        actions taken by the United States Government to--
                    (A) promote the rule of law;
                    (B) prevent discriminatory treatment of United 
                States citizens and businesses engaged in business or 
                investment activities in each foreign country;
                    (C) allow United States goods to enter each such 
                country without requiring a co-production agreement; 
                and
                    (D) protect United States intellectual property 
                rights.
    (c) Consultation.--In carrying out this section, the Director 
General of the Foreign Commercial Service shall consult with business 
leaders, union leaders, representatives of the judicial system of each 
foreign country described in subsection (a), and relevant 
nongovernmental organizations.
    (d) Business and Investment Climate Warnings.--The Secretary of 
State, with the assistance of the Assistant Secretary of State for 
Economic, Energy and Business Affairs, as well as the Assistant 
Secretary of Commerce for Trade Promotion and the Director General of 
the Foreign Commercial Service, shall establish a warning system that 
effectively alerts United States businesses and investors of--
            (1) a significant deterioration in the business and 
        investment climate in a foreign country, including 
        discriminatory treatment of United States businesses; or
            (2) a significant constraint on the ability of the United 
        States Government to assist United States businesses and 
        investors in a foreign country, such as to the closure of a 
        United States diplomatic or consular mission, that is not 
        explained in the most recent Country Commercial Guide for such 
        country.
    (e) Definitions.--In this section:
            (1) Co-production agreement.--The term ``co-production 
        agreement'' means a United States Government or United States 
        business working with a foreign government, foreign company, or 
        an international organization to produce or manufacture an 
        item.
            (2) Rule of law.--The term ``rule of law'' means the extent 
        to which laws of a foreign country are publicly promulgated, 
        equally enforced, independently adjudicated, and are consistent 
        with international norms and standards.
            (3) Unfair business and investment practices.--The term 
        ``unfair business and investment practices'' includes any of 
        the following:
                    (A) Unlawful actions under international law or the 
                law of the foreign country taken by the government of 
                such country or by businesses, citizens, or other 
                entities of such country that have resulted in lost 
                assets, contracts, or otherwise contributed to an 
                inhospitable business or investment climate.
                    (B) Discriminatory treatment of United States 
                businesses, whether wholly or partially owned.
                    (C) Failure to protect intellectual property 
                rights.
                    (D) Requiring a co-production agreement in order 
                for goods from the United States to enter a foreign 
                country.

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

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

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

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

SEC. 1113. STATEMENT OF POLICY REGARDING SOMALIA.

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

                Subtitle B--Sense of Congress Provisions

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

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

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

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

SEC. 1123. WEST PAPUA.

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

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

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

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

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

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

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

SEC. 1127. SENSE OF CONGRESS RELATING TO SUDAN.

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

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

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

                                Summary

    The Foreign Relations Authorization Act, Fiscal Years 2010 
and 2011 (H.R. 2410) authorizes funding for the Department of 
State, the Peace Corps, the Broadcasting Board of Governors 
which is responsible for U.S. international broadcasting 
activities, and other foreign affairs programs. H.R. 2410 
continues efforts by this committee to protect the national 
security interests of the United States, reform the mission of 
U.S. foreign policy agencies, and strengthen the U.S. 
diplomatic platform to better serve U.S. citizens and promote 
U.S. interests. In particular, H.R. 2410 makes reforms to the 
Foreign Service Act to continue the transition of the Service 
from its traditional diplomatic framework toward a more 
expeditionary mission with greater strategic depth to address 
the instability that threatens U.S. national security 
interests.
    The legislation also continues efforts to focus on key 
foreign policy and national security problems facing the 
nation. The legislation creates a new foundation to help U.S. 
students study abroad, enhances U.S. efforts to assist Mexico 
and other countries in the Western Hemisphere to reduce drug 
violence, particularly along the U.S.-Mexico border, and 
addresses a number of key human rights and democracy issues 
around the world. It provides for critical enhancements of U.S. 
efforts in international organizations. H.R. 2410 also carries 
out reforms in the strategic export control area to rationalize 
U.S. procedures regarding the export of U.S. military 
technology and to improve oversight of various U.S. commitments 
regarding security assistance.

               Background and Purpose for the Legislation

    This bill provides various authorities for the Department 
of State, the Peace Corps and the Broadcasting Board of 
Governors to carry out operations of the agencies for Fiscal 
Years 2010 and 2011. As required by law, these agencies must 
have the authority which is provided in this bill to spend 
appropriated funds.
    As the 20th century ended, the United States was engaged in 
more countries and on more issues than ever before in its 
history. The third wave of democracy and the dissolution of the 
Soviet Union led the United States to open up dozens of new 
diplomatic missions, straining the Foreign Service's capacity 
to represent the United States, as it tried to do more with 
less resources. The strain on U.S civilian national security 
agencies has only increased since September 11, 2001, with a 
rapid increase in diplomatic activity, particularly the opening 
of two large missions in Afghanistan and Iraq and fielding an 
unprecedented number of civilian representatives throughout 
such countries in Provincial Reconstruction Teams. These 
conflicts absorbed the budgets designed to provide an increased 
capacity for the Department of State, leaving the Department 
stretched ever thinner. As the committee considers this 
legislation, the Department has a 16 percent vacancy rate, with 
one in ten positions overseas going unfilled. These gaps also 
force the Foreign Service to shuttle individuals from 
assignment to assignment without the training necessary to be 
most effective in furthering U.S. national security interests.
    Given the bipartisan consensus, as reflected in statements 
by both former President George W. Bush and President Barack 
Obama, that our national security rests on the three pillars of 
diplomacy, development and defense, this situation is simply 
unacceptable and unsustainable. Without a robust diplomatic 
capability, the United States will continue to miss 
opportunities to prevent conflicts and mitigate them as they 
emerge, leading the United States to use other and more 
expensive instruments of national power. In part because of a 
lack of capacity, traditional foreign policy missions have also 
migrated from the Department of State to other agencies. 
Political leaders of both parties cannot continue to urge the 
civilian foreign affairs agencies to increase their activities 
in support of critical foreign policy missions in Iraq, 
Afghanistan and elsewhere, and at the same time fail to support 
the State Department's efforts to renew itself.
    It is in this context that H.R. 2410 meets the President's 
request for increases in the amount for the daily operations of 
the Department of State, particularly its diplomatic operations 
abroad. It also supports a vigorous public diplomacy effort, an 
increased broadcasting framework, and a significant increase in 
the activity of the Peace Corps. It continues the work of 
modernization of the Foreign Service by reforming the goals, 
recruitment and training of the Foreign Service so that it can 
further adapt itself to the challenges of the 21st Century. It 
also creates a Quadrennial Review of Diplomacy and Development 
in order to deepen the strategic approach to U.S. foreign 
policy.
    Moreover, H.R. 2410 continues the work of the Department of 
State to create an institutional structure for U.S. overseas 
efforts. Each U.S. Embassy is the platform for the 
implementation of U.S. foreign policy interests in each 
country, and serves as the base of operations for numerous U.S. 
agencies, including the Defense Department, the Justice 
Department, the Department of Homeland Security, the Treasury 
Department and virtually every other agency of the U.S. 
Government. In this connection, the committee fully funds the 
Embassy Security, Construction, and Maintenance Account, which 
ensures that U.S. Government employees have safe and secure 
facilities from which to work. The committee's long-term 
efforts have continued to bear fruit in preventing the deaths 
of U.S. employees abroad.
    The bill also takes a balanced approach to improve the 
responsiveness of the export control system to legitimate needs 
of the U.S. business community. H.R. 2410 builds on recent 
management reforms initiated by new leadership at the 
Directorate of Defense Trade Controls at the Department of 
State to begin the process of reforming U.S. defense trade 
policies and practices, in particular by ensuring a more 
effective arms export licensing process.
    Many foreign policy concerns are addressed in this bill, 
including particular countries and issues relating to human 
rights, democracy, poverty reduction, and improved delivery of 
security assistance. The bill also fully funds U.S. 
participation in international organizations, enhances U.S. 
leadership in multilateral diplomacy, and ensures that we try 
to fulfill U.S. obligations at such organizations. For too long 
our arrears have undermined the ability of the United States to 
successfully further U.S. national interests at our 
international organizations. H.R. 2410 begins the reversal of 
that approach.

                                Hearings

    The committee and its subcommittees held numerous hearings 
on issues related to the bill. The full committee held a 
hearing on May 13, 2009, entitled, ``Building Capacity to 
Protect U.S. National Security: The Fiscal Year 2010 
International Affairs Budget.'' Testimony was heard from the 
Honorable Jacob J. Lew, Deputy Secretary of State for 
Management and Resources, U.S. Department of State.
    On April 22, 2009, Secretary of State Hillary Rodham 
Clinton gave testimony before the full committee at a hearing 
entitled, ``New Beginnings: Foreign Policy Priorities in the 
Obama Administration.'' On April 6, 2009, the full committee 
held a field hearing in Los Angeles entitled, ``Sinking the 
Copyright Pirates: Global Protection of Intellectual 
Property,'' and heard testimony from private witnesses.
    The Subcommittee on the Western Hemisphere held a hearing 
on February 4, 2009 entitled, ``U.S. Policy Toward Latin 
America in 2009 and Beyond.'' Witnesses included: Mr. Sergio 
Bendixen, President, Bendixen & Associates; Cynthia McClintock, 
Ph.D., Professor of Political Science and International 
Affairs, Director, Latin America and Hemispheric Studies 
Program, The George Washington University; Mr. Eric Farnsworth, 
Vice President, Council of the Americas; and Ray Walser, Ph.D., 
Senior Policy Analyst for Latin America, Douglas and Sarah 
Allison Center for Foreign Policy Studies, The Heritage 
Foundation.
    On March 18, 2009, the Subcommittee on the Western 
Hemisphere held a hearing entitled, ``Drugs and Violence: The 
Merida Initiative and the Challenge in Mexico.'' Witnesses 
included: The Honorable David Johnson, Assistant Secretary, 
Bureau of International Narcotics and Law Enforcement Affairs, 
U.S. Department of State; Ms. Roberta S. Jacobson, Deputy 
Assistant Secretary, Bureau of Western Hemisphere Affairs, U.S. 
Department of State; Ms. M. Kristen Rand, Legislative Director, 
Violence Policy Center Andrew Selee, Ph.D., Director, Mexico 
Institute, Woodrow Wilson International Center for Scholars; 
and Mr. Michael A. Braun, Managing Partner, Spectre Group 
International, LLC.
    On April 2, 2009, the Subcommittee on Terrorism, 
Nonproliferation, and Trade held a hearing entitled, ``Export 
Controls on Satellite Technology.'' Testimony was heard from: 
Larry M. Wortzel, Ph.D., Vice Chairman, U.S.--China Economic 
and Security Review Commission; Mr. Pierre Chao, Senior 
Associate, Center for Strategic and International Studies; and 
Ms. Patricia Cooper, President, Satellite Industry Association.

                        Committee Consideration

    The committee marked up the bill, H.R. 2410, on Wednesday, 
May 20, 2009. The following amendments were considered:

         1) LBerman--manager's amendment--passed by voice vote
         2) LRos-Lehtinen--substitute--defeated by voice vote
         3) LJackson Lee (w/Lee, Watson and Payne)--Sense of 
        Congress on Sudan--passed by voice vote
         4) LBurton--Support to Israel for Missile Defense--
        passed by voice vote (as amended by Berman #5)
         5) LBerman--substitute to Burton Israel Missile 
        Defense amendment (4)--passed by voice vote
         6) LWilson--regarding veterans--WITHDRAWN
         7) LFlake--Section 1115. Rule of Construction--
        WITHDRAWN
         8) LSmith (NJ)--Section 334. Office for Global Women's 
        Issues--defeated by a record vote of 17-22 (as amended 
        by Inglis #9)
         9) LInglis amendment to the Smith amendment (8)--
        increase women's participation in political processes--
        passed by voice vote
        10) LRoyce--Sense of Congress on Restrictions on 
        Religious Freedom in Vietnam--passed by voice vote
        11) LGallegly--regarding Mexico/W. Hemisphere and 
        weapons trafficking--passed by voice vote
        12) LPence--Section 333. Protection of Fundamental 
        Human Rights--defeated by voice vote
        13) LManzullo--Asia-Pacific Economic Cooperation--
        passed by voice vote
        14) LMack--Jewish Community in Venezuela--WITHDRAWN
        15) LBerman--en bloc of 3 amendments: 1) Mack--Iran's 
        Influence in the Western Hemisphere; 2) Fortenberry--
        Implementation of Recommendations of Commission on the 
        Prevention of Weapons of Mass Destruction Proliferation 
        and Terrorism; and 3) Fortenberry--Report on Religious 
        Minority Communities in the Middle East. Passed by 
        voice vote.
        16) LFortenberry--Nondiscrimination Requirements--
        WITHDRAWN

    A motion to report H.R. 2410 favorably to the House, as 
amended, was agreed to by voice vote.

                         Votes of the Committee

    One record vote was taken during consideration of H.R. 
2410:
          Smith (NJ) amendment--Section 334. Office for Global 
        Women's Issues--defeated by a record vote of 17-22 (as 
        amended by Inglis amendment to increase women's 
        participation in political processes, which passed by 
        voice vote):
          Voting YES: Ros-Lehtinen, Smith, Burton, Gallegly, 
        Rohrabacher, Manzullo, Royce, Flake, Pence, Wilson, 
        Boozman, Mack, Fortenberry, McCaul, Poe, Inglis, and 
        Bilirakis
          Voting NO: Berman, Ackerman, Faleomavaega, Payne, 
        Sherman, Wexler, Engel, Delahunt, Meeks, Carnahan, 
        Sires, Connolly, McMahon, Tanner, Woolsey, Lee, 
        Berkley, Crowley, Miller, Scott, Giffords, and Klein.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the committee reports that the 
findings and recommendations of the committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    In compliance with Clause 3(c) (2) of House Rule XIII, the 
committee adopts as its own the estimate of new budget 
authority, entitlement authority, or tax expenditures or 
revenues contained in the cost estimate prepared by the 
Director of the Congressional Budget Office, pursuant to 
section 402 of the Congressional Budget Act of 1974.

               Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                      Washington, DC, June 4, 2009.
Hon. Howard L. Berman, Chairman,
Committee on Foreign Affairs,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 2410, the Foreign 
Relations Authorization Act, Fiscal Years 2010 and 2011.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Sunita 
D'Monte, who can be reached at 226-2840.
            Sincerely,
                                      Douglas W. Elmendorf.
Enclosure

cc:
        Honorable Ileana Ros-Lehtinen
        Ranking Member
H.R. 2410--Foreign Relations Authorization Act, Fiscal Years 2010 and 
        2011.

                                SUMMARY

    H.R. 2410 would authorize appropriations for the Department 
of State, international broadcasting activities, international 
assistance programs, and related agencies. CBO estimates that 
implementing the bill would cost $40.6 billion over the 2010-
2014 period, assuming appropriation of the specified and 
estimated amounts.
    The bill also contains provisions that would both increase 
and decrease direct spending, primarily from making permanent 
the department's authority to collect and spend certain 
passport fees. In total, CBO estimates that enacting the bill 
would reduce direct spending by $49 million in 2011 and $52 
million over the 2011-2019 period. In addition, enacting the 
bill would increase governmental receipts (revenues) by raising 
criminal penalties; however, CBO estimates those effects would 
be insignificant.
    H.R. 2410 contains no intergovernmental mandates as defined 
in the Unfunded Mandates Reform Act (UMRA) and would impose no 
costs on state, local, or tribal governments. By making 
permanent the authority of the Secretary of State to collect 
certain passport fees, H.R. 2410 would impose a private-sector 
mandate as defined in UMRA on individuals who apply for a 
passport. Based on information from the Department of State, 
CBO estimates that the aggregate cost of complying with the 
mandate would exceed the annual threshold established in UMRA 
for private-sector mandates ($139 million in 2009, adjusted 
annually for inflation).

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 2410 is shown in the 
following table. The costs of this legislation fall within 
budget functions 050 (national defense), 150 (international 
affairs), 300 (natural resources and environment), 370 
(commerce and housing credit), 750 (administration of justice), 
and 800 (general government).

                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Department of State and Related Agencies                   18,731   19,298       38       39       40    38,146
  Estimated Authorization Level
  Estimated Outlays                                        11,883   17,546    4,931    1,573    1,003    36,936

Peace Corps                                                   450      465        0        0        0       915
  Estimated Authorization Level
  Estimated Outlays                                           349      451       99        7        2       909

Personnel Programs                                            327      251       97      106      118       900
  Estimated Authorization Level
  Estimated Outlays                                           236      260      144      114      115       870

Arrearages Owed to the United Nations                         654        0        0        0        0       654
  Estimated Authorization Level
  Estimated Outlays                                           654        0        0        0        0       654

Refugee Processing                                            100      101      101      101      101       503
  Estimated Authorization Level
  Estimated Outlays                                            10      101      101      101      101       413

Security Assistance                                           168      169       18       18       18       390
  Estimated Authorization Level
  Estimated Outlays                                            77      143       95       37       24       377

International Trade Administration                             37       38       39       39       40       193
  Estimated Authorization Level
  Estimated Outlays                                            31       37       39       39       40       186

Exchange and Scholarship Programs                              43       83        0        0        0       128
  Estimated Authorization Level
  Estimated Outlays                                            37       75       10        1        *       125

Other Nonsecurity Assistance                                   28       29       20       20       20       117
  Estimated Authorization Level
  Estimated Outlays                                             9       20       16       17       19        80

Review and Assessment of State Department and USAID             3        3        3        3        3        15
 Programs
  Estimated Authorization Level
  Estimated Outlays                                             3        3        3        3        3        14

Public Diplomacy                                                1        1        1        1        1         6
  Estimated Authorization Level
  Estimated Outlays                                             1        1        1        1        1         6

Repatriation Loans                                              4        *        *        *        *         4
  Estimated Authorization Level
  Estimated Outlays                                             4        *        *        *        *         4

Reporting Requirements                                          1        1        1        1        1         5
  Estimated Authorization Level
  Estimated Outlays                                             1        1        1        1        1         5

Other Provisions                                                1        1        1        1        1         5
  Estimated Authorization Level
  Estimated Outlays                                             1        1        1        1        1         5

    Total Changes                                          20,548   20,440      319      329      343    41,981
      Estimated Authorization Level
      Estimated Outlays                                    13,296   18,639    5,441    1,895    1,310    40,584

CHANGES IN DIRECT SPENDING\1\

Estimated Budget Authority                                      0        0        0        0        0         0
Estimated Outlays                                               0      -49       -3        0        0       -52
----------------------------------------------------------------------------------------------------------------
Notes: Components may not sum to totals because of rounding; USAID = U.S. Agency for International Development;
  *= less than $500,000.
\1\The bill also would increase revenues, but CBO estimates those effects would not be significant.

                           BASIS OF ESTIMATE

    Most of the bill's budgetary impact would stem from 
authorizations for the Department of State, international 
broadcasting activities, international assistance programs, and 
related agencies. For most programs, the bill would authorize 
specific amounts for 2010 and such sums as may be necessary for 
2011. With a few exceptions, the specified amounts for 2010 are 
identical to the President's request for 2010, and CBO assumes 
that amounts necessary in 2011 for those programs would equal 
the estimate for 2011 in that request. The bill also contains 
provisions that would affect direct spending and revenues, 
primarily from making permanent the department's authority to 
collect and spend certain passport fees.
    For this estimate, CBO assumes the legislation will be 
enacted near the start of fiscal year 2010, that the specified 
and estimated authorizations will be appropriated near the 
start of each fiscal year, and that outlays will follow 
historical patterns for similar and existing programs.
Spending Subject to Appropriation
    The bill contains provisions that would affect spending for 
Department of State personnel, contributions to international 
organizations and commissions, international assistance 
programs, and related agencies. In total, CBO estimates that 
implementing the bill would cost $40.6 billion over the 2010-
2014 period, assuming appropriation of the specified and 
estimated amounts.
    Department of State and Related Agencies. Most of the 
authorizations of appropriations in the bill would cover the 
operating expenses and other ongoing programs and activities of 
the Department of State and related agencies. CBO estimates 
that implementing those provisions would cost almost $37 
billion over the 2010-2014 period, assuming appropriation of 
the specified and estimated amounts.
    Administration of Foreign Affairs. Section 101 would 
authorize the appropriation of $11.4 billion in 2010 and, CBO 
estimates, $11.9 billion in 2011 for the department's operating 
expenses and programs. We estimate that implementing those 
provisions would cost $22.2 billion over the 2010-2014 period.
    Contributions to International Organizations and 
Commissions. Various sections in title I would authorize the 
appropriation of $4.2 billion in 2010 for contributions to 
international organizations, international peacekeeping 
activities, and various international commissions. CBO 
estimates that the same amount would be authorized for 2011. In 
addition, section 415 would authorize the appropriation of $10 
million for the International Atomic Energy Agency (IAEA) to 
refurbish or replace a laboratory that helps implement nuclear 
safeguards. In total, CBO estimates that implementing those 
provisions would cost $8.4 billion over the 2010-2014 period.
    The bill also would authorize such sums as may be necessary 
to offset adverse fluctuations in foreign exchange rates that 
might affect contributions to international organizations. 
Currency fluctuations are difficult to project, and could 
result in spending higher or lower than amounts authorized 
under the bill for such contributions. Therefore, CBO estimates 
no additional authorizations of appropriations for currency 
fluctuations.
    International Information and Exchange Programs. Various 
sections would authorize the appropriation of $1.5 billion in 
2010 and, CBO estimates, the same amount in 2011 for 
international broadcasting, exchange programs, and other 
related programs. In addition, section 506 would permanently 
extend the authorization for Radio Free Asia (RFA). Based on 
the President's request for 2010, CBO estimates that 
implementing that section would cost $110 million over the 
2012-2014 period (the bill would authorize appropriations for 
RFA in 2010 and 2011 under International Broadcasting 
Operations). In total, CBO estimates these programs would cost 
$3.1 billion.
    Migration and Refugee Assistance. Section 104 would 
authorize the appropriation of about $1.6 billion for each of 
2010 and 2011 for migration and refugee assistance programs, 
CBO estimates. CBO estimates that implementing those programs 
would cost $3.2 billion over the 2010-2014 period.
    Peace Corps. Title VI would authorize the appropriation of 
$450 million in 2010 and such sums as may be necessary in 2011 
for the Peace Corps. It also would authorize the Director of 
the Peace Corps to establish a Peace Corps Response Program 
that would assign returning or other volunteers to provide 
shorter-term development or relief efforts. Finally, it would 
increase the readjustment allowance for returning volunteers 
from $125 to $225 for each month of service. CBO estimates that 
implementing those provisions would cost $909 million over the 
2010-2014 period, assuming appropriation of the estimated 
amounts.
    Personnel Programs. Several provisions of the bill would 
affect personnel costs at the Department of State, the U.S. 
Agency for International Development (USAID), and other 
agencies. In total, CBO estimates that implementing these 
provisions would cost about $870 million over the 2010-2014 
period, assuming appropriation of the estimated amounts.
    Foreign Service Expansion. Section 301 would authorize 
USAID and the Department of State to hire additional Foreign 
Service Officers (FSOs). The increase proposed for USAID (350 
additional FSOs each year in 2010 and 2011) is consistent with 
the President's request for 2010 and the goal of the agency's 
Development Leadership Initiative to double its Foreign Service 
workforce by hiring 1,200 new FSOs by 2012. To cover the 
salaries and other personnel expenses of 700 junior and mid-
level FSOs, CBO estimates this provision would require 
appropriations of $134 million in 2010 and $131 million in 
2011. Because USAID also would need to increase its overseas 
office space to accommodate this significant increase in the 
workforce, CBO estimates additional authorizations of 
appropriations of $142 million in 2010 and $13 million in 2011 
would be necessary for overseas capital space expansion.
    The proposed expansion for the Department of State (750 
additional FSOs each year in 2010 and 2011) is consistent with 
the President's request for 2010 and his estimate for 2011. The 
amounts authorized to be appropriated in title I for Diplomatic 
and Consular Programs are equal to the amounts in the 
President's request, and thus CBO estimates no additional 
authorizations of appropriations would be required for 
expanding the Foreign Service at the department.
    Pay for Overseas Postings. Section 312 would increase 
compensation for FSOs who are not members of the Senior Foreign 
Service and are posted overseas. Under current law, FSOs based 
in the United States receive comparability pay in addition to 
their base pay, to reduce the disparity between Federal and 
nonfederal workers. FSOs who are posted overseas do not receive 
those amounts. (Members of the Senior Foreign Service are 
compensated under a pay-for-performance system that does not 
differentiate pay by posting.)
    Under the bill, FSOs who are posted overseas would be paid 
the same comparability pay received by FSOs posted to 
Washington, D.C. (That comparability pay represented about 19 
percent of total basic pay for D.C. postings in 2009.) The bill 
also specifies a phase-in period: FSOs would receive one-third 
of the increased compensation for the three-month period from 
January through March 2009, two-thirds for the six-month period 
from April through September 2010, and the full annual amount 
starting in fiscal year 2011. (Section 312 would not increase 
retirement benefits, because FSOs who retire from overseas 
postings have their annuities calculated as though their 
official duty station had been Washington, D.C.)
    Over 85 percent of FSOs work for the Department of State. 
The department has indicated that its financial plan for 2009, 
as well as the President's request for 2010 and estimate for 
2011, already include funding for phasing in comparability pay. 
Thus, this estimate only addresses additional pay for FSOs 
employed by USAID and other agencies.
    According to USAID and the American Foreign Service 
Association, roughly 1,200 FSOs are posted overseas and have an 
average basic pay of about $75,000. In comparison, FSOs posted 
in Washington have an average basic pay of about $92,300. After 
adjusting for growth in comparability pay (on average, 9.7 
percent a year over the past four years) and anticipated growth 
in the Foreign Service (as specified in section 301 above), CBO 
estimates that fully eliminating the difference between pay for 
overseas and D.C. postings would cost $24 million in 2010. 
Phasing that amount in as specified in the bill would cost $10 
million in 2010--three months at one-third of $24 million plus 
six months at two-thirds of $24 million. That increase in basic 
pay also would lead to an increase in other benefits paid to 
FSOs, such as life insurance, health insurance, hardship pay, 
and danger pay. According to the department, those types of 
compensation have historically averaged about 71 percent of 
basic pay. Therefore, CBO estimates that under the bill, in 
2010, the department would pay an additional $7 million in 
other compensation, for a total cost of $17 million that year. 
After adjusting for inflation, CBO estimates that costs for 
implementing this section would total $309 million over the 
2010-2014 period.
    Reemployment of Annuitants. Section 327 would grant the 
department greater flexibility in rehiring Foreign Service 
annuitants on a temporary basis for positions that are hard to 
fill. Under current law, if such reemployed annuitants are 
serving in Iraq or Afghanistan, the department may waive 
requirements that prohibit those individuals from receiving 
their annuity. That authority expires in 2009. The bill would 
permanently extend the authority and broaden it by deleting the 
restriction that employees must be serving in Iraq or 
Afghanistan. Based on information from the department, CBO 
estimates that 30 additional annuitants would be hired under 
the bill and posted overseas, at an annual cost of $500,000 
each (that amount includes costs for basic pay, travel, family 
support, benefits, special pay such as hardship pay, and 
housing). After adjusting for inflation, CBO estimates that 
implementing this section would cost $75 million over the 2010-
2014 period.
    Personal Services Contractors. Section 328 would establish 
a two-year pilot program allowing the department to hire up to 
200 contractors (at any one time) to meet new or urgent needs. 
Based on information from the department, CBO estimates that 
the department would hire 100 contractors in 2010 and 200 in 
2011 at an average annual cost of $100,000 each, and that 
implementing this provision would cost $29 million over the 
2010-2014 period.
    Public Diplomacy Reserve Corps. Section 212 would establish 
a Public Diplomacy Reserve Corps at the Department of State. 
The corps would consist of former mid- and senior-level FSOs or 
other individuals with public diplomacy experience in the 
private or public sector, who would be posted overseas for 
periods of between six months and two years. The department 
currently has about 1,085 FSOs working in public diplomacy. CBO 
estimates that after a phase-in period of two years, the 
reserve corps would reach 5 percent of the existing workforce--
about 55 people--and each member would serve a year at a time, 
on average. CBO estimates that implementing this section would 
cost $2 million in 2010, growing to $5 million a year by 2012, 
for a total cost of $21 million over the 2010-2014 period.
    Intellectual Property Attaches. Section 329 would require 
the department to appoint 10 attaches to U.S. diplomatic 
missions to support enforcement of intellectual property 
rights. Based on information from the department about salary 
costs for attaches, CBO estimates that implementing this 
provision would cost about $6 million over the 2010-2014 
period.
    Office on Multilateral Negotiations. Section 403 would 
establish a new office to prepare for multilateral diplomatic 
efforts, led by a Special Representative who would be appointed 
by the President. Based on information from the department, CBO 
estimates that implementing this section would require a staff 
of three people to assist the Special Representative and that 
personnel and operating costs would total $5 million over the 
2010-2014 period.
    Task Force on Small Arms Trafficking. Section 911 would 
establish an inter-agency task force to prevent trafficking in 
small arms in the Western Hemisphere. Based on information from 
the department, CBO estimates that implementing this section 
would cost $5 million over the 2010-2014 period.
    Death Gratuities. Section 313 would increase the death 
gratuities payable to the surviving dependents of Foreign 
Service employees who die as a result of injuries sustained in 
the performance of their duty overseas. Under current law, the 
death gratuity equals an employee's annual salary at the time 
of death. Under the bill, the department would pay one year's 
salary at level II of the Executive Schedule at the time of 
death or, if the employee was compensated under a local 
compensation plan, one year's salary at the highest pay level 
under that plan at the time of their death. Based on historical 
data from the department, CBO estimates that fewer than five 
death gratuities would be paid each year and that implementing 
this section would cost less than $500,000 a year, and total $1 
million, over the 2010-2014 period.
    Arrearages Owed to the United Nations. Section 405 would 
authorize the appropriation of such sums as may be necessary to 
pay U.S. arrearages to the United Nations (UN). According to 
the department, the United States owes the UN $654 million, 
mostly as a result of caps imposed before 2000 on contributions 
to UN peacekeeping activities. CBO estimates that implementing 
this section would require additional appropriations of $654 
million in 2010 and the entire amount would be spent that same 
year.
    Refugee Processing. Two provisions of the bill would affect 
refugee processing at the Department of State. In total, CBO 
estimates that implementing these provisions would cost about 
$413 million over the 2010-2014 period, assuming appropriation 
of the authorized and estimated amounts.
    Section 233 would authorize such sums as may be necessary 
to carry out certain reforms of the department's refugee 
admissions program and to raise the limit on appropriations for 
the Emergency Refugee and Migration Assistance (ERMA) Fund from 
$100 million to $200 million (when added to amounts previously 
appropriated to the Fund but not yet obligated). The department 
has indicated that it is already in the process of implementing 
the specified refugee processing reforms, including providing 
additional training to consular personnel and NGOs as well as 
re-opening its family reunification program. As a result, the 
primary effect of section 233 would be to authorize the 
appropriation of an additional $100 million to the ERMA Fund in 
any fiscal year. CBO estimates that providing those additional 
amounts to the ERMA fund would cost $410 million over the 2010-
2014 period.
    Section 234 would require the department to establish and 
operate overseas programs to provide training in English as a 
second language (ESL), cultural orientation (CO), and work 
orientation for refugees who have been approved for admission 
to the United States but have not yet left the processing site. 
Such training would have to be provided at three refugee 
processing sites within a year of the bill's enactment and at 
five sites within two years. The Bureau of Population, 
Refugees, and Migration (PRM) currently funds cooperative 
agreements with several entities to provide CO classes for 
eligible refugees prior to their departure at sites throughout 
the world. Such classes last from one to three days. Based on 
information from the department, CBO estimates a cost of about 
$125,000 per year to establish and implement two-month ESL 
classes for about 240 eligible refugees at the average overseas 
refugee processing site. Thus CBO estimates that implementing 
programs of this scale at three sites in 2010 and five sites 
thereafter would cost $3 million over the 2010-2014 period.
    Security Assistance. Several provisions of the bill would 
affect security assistance at the Department of State, 
Department of Defense, and USAID. In total, CBO estimates that 
implementing those provisions would cost $377 million over the 
2010-2014 period, assuming appropriation of the specified and 
estimated amounts.
    Global Peace Operations Initiative (GPOI). Section 1108 
would authorize to be appropriated such sums as may be 
necessary in 2010 and 2011 to carry out and expand GPOI, a 
capacity-building program established in 2004 to train, equip, 
and sustain international peacekeepers. The State Department 
has indicated that all of the required programs and activities 
specified in section 1108 are reflected in the President's 
request of $96.8 million in 2010 for GPOI, except for financing 
the refurbishment of helicopters in preparation for their 
deployment to UN peacekeeping operations. CBO estimates that it 
would cost about $2 million to refurbish a medium-lift utility 
helicopter, based on the unit costs of refurbishing Black Hawk 
helicopters. CBO expects that the Secretary of State would 
finance the refurbishment of at least three medium-lift utility 
helicopters by the end of 2011. CBO estimates that implementing 
GPOI programs and activities would cost about $195 million over 
the 2010-2014 period.
    Security Assistance Contingency Fund. Section 841 would 
authorize the Secretary of State to provide training and 
materiel to build the capacity of foreign military forces in 
response to contingencies in foreign countries. To conduct this 
program, section 841 would authorize the appropriation of $25 
million and make available an additional $25 million under the 
Foreign Military Financing program for each of 2010 and 2011. 
CBO estimates that implementing this program would cost $98 
million over the 2010-2014 period.
    Merida Initiative. Title IX would authorize several actions 
that would affect the Merida Initiative, a security cooperation 
program announced by the United States and Mexico on October 
22, 2007, with the goal of combating illicit drug trafficking 
and organized crime in the western hemisphere. Section 903 
would require the President to establish and implement a 
program to assess the effectiveness of assistance provided 
under the Merida Initiative. Based on information provided by 
the State Department, CBO estimates that conducting impact 
evaluation research, operation research, and program monitoring 
would cost about $51 million over the 2010-2014 period.
    Section 902 would authorize the President to extend the 
Merida Initiative beyond Mexico and Central America to include 
Caribbean countries. However, the President requested $45 
million in 2010 for a Caribbean Basin Security Initiative, 
which would represent a separate but complementary multi-year, 
multi-account program to the Merida initiative. As a result, 
CBO does not expect that the President would exercise this 
authority. If he were to include Caribbean countries in the 
Merida initiative, CBO expects that additional authorization of 
appropriations would amount to $45 million in 2010.
    Foreign Military Sales Stockpile Fund. Section 842 would 
rename the Special Defense Acquisition Fund and allow the 
deposit of certain lease payments into the fund. It also would 
expand the purposes for which the Fund may be used to include 
building the capacity of recipient countries. Under current 
law, the Department of Defense may deposit into the fund the 
proceeds from selling military equipment not intended to be 
replaced and certain other defense articles. However, spending 
of the fund's balances is restricted to only those amounts 
provided in advance in appropriations acts. The Defense 
Security Cooperation Agency (DSCA) has indicated that the fund 
is moribund and has no balances left, but that it would use the 
authorities provided under the bill to replenish the fund with 
sales proceeds and lease payments, and use the fund to purchase 
defense articles for use by U.S. allies. Based on information 
from DSCA, CBO estimates that deposits into the fund would 
begin in 2010 with lease payments worth about $7 million a 
year, and, subject to appropriation of the estimated amounts, 
that the agency would spend roughly the same amount each year 
over the 2010-2014 period.
    International Trade Administration. Under current law, the 
State Department, with assistance from other Federal agencies, 
annually publishes Country Commercial Guides (CCG), which 
provide an overview of a foreign country's business 
environment. Section 1110 would require the International Trade 
Administration (ITA) to prepare an assessment of the business 
and investment climate in countries where it finds the 
government, businesses, or citizens have engaged in unfair 
business or investment practices. This provision would require 
that assessment, along with other information, including 
efforts the foreign country has taken to promote a healthy 
business environment, to be included in future editions of the 
CCGs. Based on information from the ITA, CBO estimates that an 
additional 86 full-time positions would be needed to meet the 
requirements of this section. CBO estimates that implementing 
this provision would cost $186 million over the 2010-2014 
period, assuming appropriation of the necessary amounts, 
primarily for personnel costs at overseas locations.
    Exchange and Scholarship Programs. In addition to the 
exchange programs authorized under title I, a few provisions of 
the bill would extend existing programs or authorize new 
exchange or scholarship programs. In total, CBO estimates that 
implementing those provisions would cost $125 million over the 
2010-2014 period, assuming appropriation of the estimated 
amounts.
    Senator Paul Simon Study Abroad Foundation. Title VII would 
authorize the establishment of the Senator Paul Simon Study 
Abroad Foundation to encourage U.S. students to study overseas, 
particularly in nontraditional destinations, such as developing 
countries. The foundation would be directed to make grants to 
students, nongovernmental organizations, and educational 
institutions, and to report annually to the Congress.
    The bill would authorize the appropriation of $40 million 
in 2010 and $80 million in 2011 for the foundation, and CBO 
estimates that implementing this title would cost $117 million 
over the 2010-2014 period. (This provision also would have 
insignificant effects on direct spending, as discussed in that 
section of the estimate.)
    Scholarships for Muslim Youths. Section 218 would extend 
through 2011 a scholarship program for youths attending 
American-sponsored schools in Muslim countries. Based on 
information from the department indicating that the program 
received $3 million in 2007, CBO estimates that implementing 
this section would cost $6 million over the 2010-2014 period.
    Exchange Program for Sri Lankan Students. Section 223 would 
establish a new exchange program for high-school students from 
Sri Lanka. Based on information from the department about 
funding in 2009 for a similar program, CBO estimates that 
implementing this section would cost less than $500,000 each 
year, and total $1 million, over the 2010-2014 period.
    Exchange Program for Liberian Women. Section 224 would 
establish a new exchange program for female legislators and 
congressional staff from Liberia. Based on information from the 
department, CBO estimates that implementing this section would 
cost less than $500,000 each year, and total $1 million over 
the 2010-2014 period.
    Other Nonsecurity Assistance. Several provisions of the 
bill would affect certain bilateral assistance programs 
implemented by the Department of State and USAID. In total, CBO 
estimates that implementing these provisions would cost $80 
million over the 2010-2014 period, assuming appropriation of 
the estimated amounts.
    Freedom of Press. Section 1109 would authorize the Bureau 
of Democracy, Human Rights, and Labor (DRL) to provide grants 
to nonprofit and international organizations, with the aim of 
promoting freedom of the press worldwide. The DRL Bureau 
currently funds such media freedom programs through the Human 
Rights and Democracy Fund, whose grants typically last between 
one and three years and range between $250,000 to $1.5 million. 
Over the last three years, the bureau has issued media freedom 
grants totaling about $40 million. CBO assumes the average 
award levels, adjusted for inflation, would remain constant 
through 2014. CBO estimates that awarding those grants would 
cost about $42 million over the 2010-2014 period.
    Statelessness. Section 1104 would authorize the 
appropriation of $8 million a year in 2010 and 2011 to finance 
assistance for stateless individuals through the UN High 
Commissioner for Refugees and the UN Children's Fund. In 
addition, the section would authorize the appropriation of such 
sums as may be necessary for the President and Secretary of 
State to undertake specified actions to prevent and reduce 
statelessness, including permanently increasing the resources 
and staff of the State Department's Bureau of Population, 
Refugees, and Migration. Based on information provided by the 
State Department, CBO expects that the equivalent of at least 
two additional full-time staff would be required to effectively 
carry out those actions, at an estimated annual cost of $1 
million. CBO estimates that implementing this section would 
cost about $21 million over the 2010-2014 period.
    Tibet. Section 237 would amend the Tibetan Policy Act of 
2002 by, among other things, requiring the President to provide 
grants to nongovernmental organizations (NGOs) to support 
various economic development projects in Tibetan communities in 
China and by requiring the Secretary of State to assign 
dedicated personnel to the Office of the Special Coordinator 
for Tibetan Issues. In recent years, the Undersecretary for 
Democracy and Global Affairs has also served as the Special 
Coordinator for Tibetan Issues, with two members of her staff 
assisting in the management of Tibetan issues. Those staff 
already review grants and other assistance provided for Tibet 
through other department bureaus as well as USAID. Thus, CBO 
expects that current staff levels would be sufficient to 
implement the new requirements of the Tibetan Policy Act of 
2002. For 2010, the President requested $5 million from the 
Economic Support Fund to support NGO projects in Tibet. CBO 
assumes that the 2010 level, adjusted for inflation, would 
continue through 2014. CBO estimates that implementing this 
section would cost $16 million over the 2010-2014 period.
    Diabetes, Safe Water, and Sanitation. Section 1103 would 
authorize appropriations of $500,000 for each of 2010 and 2011 
to establish a program to promote diabetes prevention and 
treatment, safe water, and sanitation in Pacific Island 
countries. CBO estimates implementing that program would cost 
$1 million over the 2010-2014 period, assuming appropriation of 
the authorized amounts.
    Review and Assessment of State Department and USAID 
Programs. Section 302 would require the President to develop, 
and report to the Congress on, a national strategy for U.S. 
diplomacy and development programs over the next decade. The 
bill also would require a quadrennial review of that strategy, 
beginning in 2013. The department indicates that it has 
initiated some planning to develop a strategy and for a 
quadrennial review process, but has not yet implemented those 
plans. CBO estimates that implementing this section would 
require the equivalent of 10 full-time staff a year, and would 
cost $2 million a year over the 2010-2014 period.
    Section 303 would establish a Lessons Learned Center at the 
Department of State, which would function as a central 
organization for collecting, analyzing, and disseminating 
information on effective practices and lessons learned by USAID 
and department personnel in carrying out their agency's 
programs. CBO estimates that implementing this section would 
require the equivalent of five full-time staff a year, and 
would cost $1 million a year over the 2010-2014 period.
    Together, CBO estimates that implementing sections 302 and 
303 would cost $14 million over the 2010-2014 period, assuming 
appropriation of the estimated amounts.
    Public Diplomacy. Section 211 would establish a working 
group, led by the Secretary of State, and composed of the heads 
of Federal agencies that undertake public diplomacy activities. 
The working group would meet every three months to consult and 
coordinate on public diplomacy programs. The head of each 
agency would report to the President on the public diplomacy 
activities undertaken by their agency. CBO estimates that 
implementing this provision would cost $1 million a year over 
the 2010-2014 period.
    Section 216 would extend the term of the Advisory 
Commission on Public Diplomacy through 2011. Based on 
information about the commission's operating costs, CBO 
estimates that implementing this section would cost $1 million 
over the 2010-2014 period.
    Together, CBO estimates that implementing sections 211 and 
216 would cost $6 million over the 2010-2014 period, assuming 
appropriation of the estimated amounts.
    Repatriation Loans. Section 204 would allow the Secretary 
of State, subject to amounts being appropriated in advance, to 
forgive emergency loans made to assist destitute Americans 
living abroad to return to the United States. Cancelling those 
loans would constitute loan modifications (as defined by the 
Federal Credit Reform Act) and would require the Federal 
Government to write off the net present value of the expected 
stream of loan repayments, which would reflect the current 
likelihood of those loans being repaid.
    Information from the department's 2008 Agency Financial 
Report indicates that the program had about $7 million in loans 
that had been delinquent for longer than a year. CBO assumes 
that under the bill, the department would forgive all those 
outstanding loans in 2010 and would forgive less than $500,000 
each year starting in 2011. Thus, CBO estimates that 
implementing this section would cost $4 million over the 2010-
2014 period. That amount is an estimated subsidy cost-
calculated as a net present value of forgone principal and 
interest payments--for the debt forgiveness.
    Reporting Requirements. The bill contains several reporting 
requirements that CBO estimates, if taken individually, would 
have an insignificant effect on spending, but in total would 
increase spending by $1 million a year, assuming the 
availability of appropriated funds.
    Other Provisions. The bill contains several provisions, 
primarily affecting personnel, that CBO estimates, taken 
individually, would have an insignificant effect on spending, 
but in total would increase spending by $1 million a year, 
assuming the availability of appropriated funds.
    Nuclear Nonproliferation. Section 416 would require the 
department to negotiate with the IAEA to implement certain 
recommendations of the Commission on the Prevention of Weapons 
of Mass Destruction Proliferation and Terrorism, and to report 
to Congress on its progress. Any negotiations with the IAEA 
would require a multi-agency effort, including the Departments 
of State, Energy, and Defense, as well as other agencies such 
as the National Security Council, and costs for such an effort 
would depend on the difficulty in persuading other IAEA members 
to adopt the recommendations specified in the bill. The 
department indicated that it disagrees with some of the 
recommendations and that it would be difficult to implement 
them. If the IAEA agrees to implement the recommendations, any 
resulting increase in its budget would be partially funded by 
the United States (under current law, the United States pays 25 
percent of the regular budget and makes other voluntary 
contributions). CBO has no basis for estimating costs to 
implement this section.
Direct Spending and Revenues
    The bill contains provisions that would both increase and 
decrease direct spending, primarily from making permanent the 
department's authority to collect and spend certain passport 
fees. In total, CBO estimates that enacting the bill would 
reduce direct spending by $52 million over the 2010-2019 
period. In addition, the bill would increase governmental 
receipts (revenues) by raising criminal penalties, however CBO 
estimates those effects would be insignificant.
    Passport Fees. Section 231 would make the department's 
authority to collect a $20 surcharge on passport applications 
permanent. Those collections are retained by the department and 
spent on border security and consular programs. Based on 
information from the department, CBO estimates passport 
applications will average 16.2 million a year, and that 
enacting the bill would increase collections by $324 million 
annually, starting in 2011 when the current authority expires. 
Initially, spending would lag behind collections, so that the 
net effect would be to reduce direct spending by $52 million 
over the 2011-2019 period, CBO estimates.
    Criminal Penalties. Section 912 would increase criminal 
penalties for exporting certain weapons to countries in the 
Western Hemisphere. Criminal penalties are recorded as 
revenues, deposited in the Crime Victims Fund, and subsequently 
spent without further appropriation. CBO has no basis for 
estimating the timing or magnitude of any additional fines. 
However, we estimate that any such effects would have no net 
costs over both the 2010-2014 and 2010-2019 periods.
    Other Provisions. Several provisions in the bill would have 
insignificant effects on direct spending.

         LSection 201would allow the State Department's 
        International Litigation Fund to retain and spend 
        awards of costs and attorney's fees that result from 
        decisions by international tribunals.

         LSection 226 would revoke the status of the 
        Vietnam Education Foundation as an independent Federal 
        entity and incorporate it into the State Department. 
        The foundation is funded by repayments of Federal loans 
        made to Vietnam (which are considered offsetting 
        receipts). It receives $5 million a year and spends the 
        entire amount each year.

         LTitle VII would allow the Senator Paul Simon 
        Study Abroad Foundation to solicit funds and accept 
        gifts and donations. Any such gifts and donations would 
        be spent on its programs. CBO estimates that initially 
        gifts and donations would total less than $500,000 a 
        year but could become significant in later years; 
        however, the net effects on direct spending would 
        likely be negligible in each year.

         LSection 846 would extend through August 2011 
        the President's authority to transfer to Israel 
        obsolete or surplus defense articles in the U.S. War 
        Reserve Stockpile for Allies in Israel in return for 
        concessions to be negotiated by the Secretary of 
        Defense. Those concessions may include cash, services, 
        waiver of charges otherwise payable by the United 
        States, or other items of value. Any noncash 
        concessions could lower offsetting receipts to the 
        Defense Department. However, the Defense Security 
        Cooperation Agency has indicated that transfers to 
        Israel from the fund in recent years have been paid for 
        using foreign military financing rather than 
        negotiating noncash concessions. CBO expects that this 
        practice is likely to continue, and thus the authority 
        is unlikely to be used.

        ESTIMATED IMPACT ON STATE, LOCAL, AND TRIBAL GOVERNMENTS

    H.R. 2410 contains no intergovernmental mandates as defined 
in UMRA. It would establish two new grant programs--one to 
support study abroad programs and another to support 
institutional development in Vietnam--and would make funds 
available to institutions of higher education. The grant 
programs would benefit public colleges and universities, and 
any costs they might incur would result from complying with 
conditions of aid.

                 ESTIMATED IMPACT ON THE PRIVATE SECTOR

    H.R. 2410 would impose a private-sector mandate, as defined 
in UMRA, on individuals who apply for a passport by making 
permanent the authority of the Secretary of State to collect a 
surcharge on passport applications. The authority to collect 
the surcharge is scheduled to expire at the end of fiscal year 
2010. Because a passport can only be issued by the Federal 
Government using its sovereign power, permanently increasing 
the cost of a passport application would be a new mandate on 
applicants. According to information from the Department of 
State, the surcharge is $20 per passport application. Based on 
recent data on the number of passport applications processed, 
CBO estimates that the direct cost to comply with the mandate 
would be $324 million annually, beginning in 2011, and would 
exceed the annual threshold established in UMRA for private-
sector mandates ($139 million in 2009, adjusted annually for 
inflation).

                         ESTIMATE PREPARED BY:

Federal Costs:
  International Assistance--John Chin
  State Department and Other Programs--Sunita D'Monte
  Criminal Penalties--Mark Grabowicz
  International Trade Administration--Susan Willie

Impact on State, Local, and Tribal Governments: Burke Doherty
Impact on the Private Sector: Marin Randall

                         ESTIMATE APPROVED BY:

Theresa Gullo
Deputy Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Act is intended to increase the capacity of the 
Department of State to meet challenges of the 21st Century and 
to begin an increase in Peace Corps overseas activities. The 
Committee on Foreign Affairs considers program performance, 
including a program's success in developing and attaining 
outcome-related goals and objectives, in developing funding 
recommendations for the accounts authorized in this Act. In 
particular, the committee believes enactment of this Act will 
contribute to a significant reduction in overseas vacancies by 
the Department of State, the ability to find experienced 
personnel to serve in middle management positions at the 
Department of State, an in increase in the number of new 
employees who have experience in unstable countries, and a 
decrease in arrears to the international organizations to which 
the United States is a member.

                   Constitutional Authority Statement

    Pursuant to clause 3(d) (1) of rule XIII of the Rules of 
the House of Representatives, the committee finds the authority 
for this legislation in article I, section 8 of the 
Constitution.

                        New Advisory Committees

    Section 226 of H.R. 2410 eliminates the Board of Directors 
of the Vietnam Education Foundation and establishes an advisory 
committee in its place. Section 247 authorizes the 
establishment of a scientific advisory commission. Section 302 
establishes a panel to conduct an independent assessment of the 
Quadrennial Review of Diplomacy and Development provided for in 
that section.

                    Congressional Accountability Act

    H.R. 2410 does not apply to the Legislative Branch.

                         Earmark Identification

    H.R. 2410 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e), or 9(f) of rule XXI.

               Section-by-Section Analysis and Discussion

Section 1. Short title.
    This section provides that the short title of the act is 
the ``Foreign Relations Authorization Act, Fiscal Years 2010 
and 2011.''
Section 2. Table of Contents.
    This section provides a table of contents for the act.
Section 3. Appropriate Congressional Committees Defined.
    This section states that ``appropriate congressional 
committees'' means the Committee on Foreign Affairs of the 
House, and the Committee on Foreign Relations of the Senate.

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Section 101. Administration of Foreign Affairs.
    This section authorizes appropriations under the heading 
``Administration of Foreign Affairs'' for Fiscal Years 2010 and 
2011. It includes funds for executive direction and policy 
formulation, conduct of diplomatic relations with foreign 
governments and international organizations, effective 
implementation of consular programs and its border security 
component, the acquisition and maintenance of office space and 
living quarters for the United States missions abroad, 
provision of security for those operations, and information 
resource management.
    In particular, this section provides authorization of 
appropriations for the necessary expenses of the Department of 
State and the Foreign Service. These expenses include an 
authorization of appropriations for worldwide security 
upgrades, U.S. public diplomacy programs, capital investments, 
embassy security, construction, and maintenance, educational 
and cultural exchange programs, the civilian stabilization 
initiative, representational allowances, protection of foreign 
missions and officials, emergencies in the diplomatic and 
consular service, repatriations loans, payment to the American 
Institute in Taiwan, and for the Office of the Inspector 
General.
    Paragraph (1) (A) authorizes the administration's request 
of $7,312,016,000 for ``Diplomatic and Consular Programs'' for 
Fiscal Year 2010 and such sums as may be necessary for Fiscal 
Year 2011.
    Paragraph (1) (B) authorizes the administration's request 
of $1,648,000,000 for ``Worldwide Security Protection'' for 
Fiscal Year 2010 and such sums as my be necessary for Fiscal 
Year 2011.
    Paragraph (1) (C) authorizes the administration's request 
of $500,278,000 for ``Public Diplomacy'' for Fiscal Year 2010 
and such sums as may be necessary for Fiscal Year 2011.
    Paragraph (1) (D) authorizes the administration's request 
of $20,659,000 for the ``Bureau of Democracy, Human Rights, and 
Labor'' for Fiscal Year 2010, and such sums as may be necessary 
for Fiscal Year 2011.
    Paragraph (2) authorizes the administration's request of 
$160,000,000 for the ``Capital Investment Fund'' for Fiscal 
Year 2010, and such sums as may be necessary for Fiscal Year 
2011.
    Paragraph (3) authorizes the administration's request of 
$1,815,050,000 for ``Embassy Security, Construction, and 
Maintenance'' for Fiscal Year 2010, and such sums as may be 
necessary for Fiscal Year 2011.
    Paragraph (4) (A) authorizes the administration's request 
of $633,243,000 for ``Education and Cultural Exchange 
Programs'' for Fiscal Year 2010, and such sums as may be 
necessary for Fiscal Year 2011.
    Paragraph (4) (B) authorizes $750,000 for Fiscal Year 2010, 
and $800,000 for Fiscal Year 2011 for 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).
    Paragraph (4) (C) authorizes such sums as may be necessary 
for each of the Fiscal Years 2010 and 2011 for the ``Ngawang 
Choepel Exchange Program,'' (formerly known as ``programs of 
educational and cultural exchange between the United States and 
the people of Tibet'') established under section 103 (a) of the 
Human Rights, Refugee, and Other Foreign Relations Provisions 
Act of 1996 (Public Law 104-319).
    Paragraph (5) authorizes the administration's request of 
$323,272,000 for the ``Civilian Stabilization Initiative'' for 
Fiscal Year 2010, and such sums as may be necessary for Fiscal 
Year 2011.
    Paragraph (6) authorizes the administration's request of 
$8,175,000 for ``Representational Allowances'' for Fiscal Year 
2010, and such sums as may be necessary for Fiscal Year 2011.
    Paragraph (7) (A) authorizes the administration's request 
of $27,159,000 for ``Protection of Foreign Missions and 
Officials'' for Fiscal Year 2010, and such sums as may be 
necessary for Fiscal Year 2011.
    Paragraph (7) (B) authorizes $21,000,000 for Fiscal Year 
2010 and $25,000,000 in Fiscal Year 2011 for ``Reimbursement 
for Past Expenses Owed By the United States for Protection of 
Foreign Missions and Officials.'' The committee directs that 
the Department of State use these authorities only to reimburse 
State and local governments for necessary expenses incurred 
since 1998 for the protection of foreign missions and officials 
recognized by the United States.
    Paragraph (8) authorizes the administration's request of 
$10,000,000 for ``Emergencies in the Diplomatic and Consular 
Service'' for Fiscal Year 2010, and such sums as may be 
necessary for Fiscal Year 2011.
    Paragraph (9) authorizes the administration's request of 
$1,450,000 for ``Repatriation Loans'' for Fiscal Year 2010, and 
such sums as may be necessary for Fiscal Year 2011.
    Paragraph (10) authorizes the administration's request of 
$21,174,000 for ``Payment to the American Institute in Taiwan'' 
for Fiscal Year 2010, and such sums as may be necessary for 
Fiscal Year 2011.
    Paragraph (11) (A) authorizes the administration's request 
of $100,000,000 for the ``Office of the Inspector General'' for 
Fiscal Year 2010 and such sums as may be necessary for Fiscal 
Year 2011.
    Paragraph (11) (B) authorizes the administration's request 
of $30,000,000 for ``Special Inspector General for Iraq 
Reconstruction'' for Fiscal Year 2010 and such sums as may be 
necessary for Fiscal Year 2011.
    Paragraph (11) (C) authorizes the administrations' request 
of $23,000,000 for ``Special Inspector General for Afghanistan 
Reconstruction'' for Fiscal Year 2010 and such sums as may be 
necessary for Fiscal Year 2011.
Section 102. International Organizations.
    This section authorizes funds for U.S. contributions of its 
assessed share of the expenses of the United Nations and other 
international organizations of which the United States is a 
member. It also authorizes appropriations for assessed 
contributions to international peacekeeping activities as 
authorized by the Security Council.
    Subsection (a) authorizes the administration's request of 
$1,797,000,000 for ``Contributions to International 
Organizations'' for Fiscal Year 2010 and such sums as may be 
necessary for Fiscal Year 2011.
    Subsection (b) authorizes the administration's request of 
$2,260,000 for ``Contributions for International Peacekeeping 
Activities'' for Fiscal Year 2010 and such sums as may be 
necessary for Fiscal Year 2011.
    Subsection (c) authorizes 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.
Section 103. International Commissions.
    This section authorizes funding to enable the U.S. to meet 
obligations as participant in international commissions dealing 
with boundaries and related matters with Canada and Mexico; and 
those dealing with international fisheries.
    Paragraph (1)(A) authorizes the administration's request of 
$33,000,000 for ``Salaries and Expenses'' of the International 
Boundary and Water Commission for United States and Mexico for 
Fiscal Year 2010 and such sums as may be necessary for Fiscal 
Year 2011.
    Paragraph (1) (B) authorizes the administration's request 
of $43,250,000 for ``Construction'' for the International 
Boundary and Water Commission for United States and Mexico for 
Fiscal Year 2010 and such sums as may be necessary for Fiscal 
Year 2011.
    Paragraph (2) authorizes the administration's request of 
$2,385,000 for the International Boundary Commission, United 
States and Canada for Fiscal Year 2010, and such sums as may be 
necessary for Fiscal Year 2011.
    Paragraph (3) authorizes the administration's request of 
$7,974,000 for ``International Joint Commission'' for Fiscal 
Year 2010 and such sums as may be necessary for Fiscal Year 
2011.
    Paragraph (4) authorizes the administration's request of 
$43,576,000 for ``International Fisheries Commissions'' for 
Fiscal Year 2010 and such sums as may be necessary for Fiscal 
Year 2011.
Section 104. Migration and Refugee Assistance.
    This section authorizes appropriations for the Department 
of State to make contributions for the needs of migrants and 
refugees, including through contributions to the U.N., the 
International Committee for the Red Cross, other international 
organizations and by assistance to refugees through 
nongovernmental organizations and via bilateral assistance.
    Subsection (a) authorizes $1,577,500,000 for ``Migration 
and Refugee Assistance'' for authorized activities for Fiscal 
Year 2010 and such sums as may be necessary for Fiscal Year 
2011.
    Subsection (b) authorizes $25,000,000 of the funds 
authorized in Subsection (a) for ``Refugee Resettlement in 
Israel'' for Fiscal Year 2010, and such sums as may be 
necessary for Fiscal Year 2011.
Section 105. Centers and Foundations.
    This section authorizes funding for the East-West Center, 
the National Endowment for Democracy, and the Asia Foundation.
    Subsection (a) authorizes $20,000,000 for the ``Asia 
Foundation'' for Fiscal Year 2010 and $23,000,000 for Fiscal 
Year 2011.
    Subsection (b) authorizes the administration's request of 
$100,000,000 for the ``National Endowment for Democracy'' for 
Fiscal Year 2010 and such sums as may be necessary for Fiscal 
Year 2011.
    Subsection (c) authorizes such sums as may be necessary for 
each of Fiscal Years 2010 and 2011 for the ``Center for 
Cultural and Technical Interchange between East and West.''

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              SUBTITLE A--BASIC AUTHORITIES AND ACTIVITIES

Section 201. International Litigation Fund.
    This section remedies an operating procedure of the 
International Litigation Fund (ILF). In 2002, Congress 
authorized the Department of State to replenish the ILF, which 
is used to defray the expenses of the United States in major 
international litigation before international tribunals, by 
retaining a small percentage of amounts received for 
international claims prosecuted by the Department. That 
provision excludes retention of this amount in cases where the 
Department successfully defends the U.S. against international 
claims and receives an award for attorney's fees and expenses 
(which would be in lieu of the retention authority). Section 
201 remedies this oversight.
Section 202. Actuarial Valuations.
    This section transfers statutory responsibility for 
performing actuarial duties related to the State Department's 
retirement systems from the Secretary of the Treasury to the 
Secretary of State. The Department of State currently provides 
the data for actuarial variations. The section also authorizes 
the Secretary of State, subject to amounts provided in advance 
in appropriations acts to use monies in the Fund to cover the 
costs of administering the two retirement systems.
Section 203. Special Agents.
    This section authorizes Department of State and Foreign 
Service special agents to investigate identity theft and 
document fraud, and Federal offenses committed in the special 
maritime and territorial jurisdictions of the United States.
Section 204. Repatriation Loans.
    This section gives the Secretary of State the authority to 
waive recovery of repatriation loans ``if it is shown that 
recovery would be against equity and good conscience or against 
the public interest.''

        SUBTITLE B--PUBLIC DIPLOMACY AT THE DEPARTMENT OF STATE

Section 211. Concentration of Public Diplomacy Responsibilities.
    This section confers on the Secretary of State the lead 
role in coordinating the inter-agency process in public 
diplomacy (PD)/strategic communications and establishes a 
mechanism for coordination.
Section 212. Establishment of Public Diplomacy Reserve Corps.
    Subsection (a) consists of a finding that a shortage of 
trained public diplomacy officers at the mid-career level 
threatens the effectiveness of U.S. outreach abroad. Subsection 
(b) expresses the sense of Congress that recruitment and 
training of all Foreign Service Officers should emphasize the 
importance of public diplomacy and related skills and provides 
that the Secretary should give priority to recruitment of 
individuals with PD-related experience. Subsection (c) 
authorizes establishment of a reserve corps for mid- and 
senior-level public diplomacy staff to serve at postings abroad 
for 6 months to 2 years.
Section 213. Enhancing United States Public Diplomacy Outreach.
    Subsection (a) contains findings emphasizing the importance 
of platforms for public diplomacy programs outside the hardened 
embassy and consular compounds, such as American Corners, 
American Cultural Centers and other free-standing facilities. 
Subsection (b) encourages bilateral partnership arrangements 
for such facilities. Subsection (c) directs the Secretary to 
consider placing public diplomacy facilities at locations that 
maximize the role of such facilities, recognizing that any such 
decision must be taken in accordance with the Secretary's 
authority to waive provisions in section 606(a)(2)(B) of the 
Secure Embassy Construction and Counterterrorism Act of 1999 
that U.S. Government employees be co-located at embassy and 
consular compounds.
Section 214. Public Diplomacy Resource Centers.
    Subsection (a) amends the State Department Basic 
Authorities Act to provide for the establishment of new and the 
maintenance of existing libraries and resource centers. 
Subsection (b)(1) directs the Secretary to ensure that such 
libraries and centers are open to the public to the greatest 
extent practicable, in accordance with safety and security 
requirements. Subsection (b)(2) provides that to the extent 
practicable, such libraries and resource centers shall schedule 
public showings of films showcasing American culture, society, 
values and history. Subsection (c) requires a report by the 
Advisory Committee on Public Diplomacy evaluating the 
effectiveness of such libraries and centers. Subsection (d) 
authorizes such sums as may be necessary to carry out the 
section.
Section 215. Grants for International Documentary Exchange Programs.
    This section authorizes the Secretary to make grants to 
U.S. nongovernmental organizations that use independently-
produced documentary films to promote better understanding of 
the United States abroad and to improve Americans' 
understanding of other countries' perspectives. Subsection (a) 
provides certain findings. Subsection (b) authorizes the making 
of grants to support such films. Subsection (c) describes 
certain activities that should be supported. Subsection (d) 
provides for certain special factors to be considered. 
Subsection (e) provides for a report on implementation of the 
section. Subsection (f) authorizes $5,000,000 for each of the 
Fiscal Years 2010 and 2011 to carry out this section. In 
implementing this section, the committee believes that the 
Department should select such films on the basis of determining 
whether such films are accessible, compelling, and credible.
Section 216. United States Advisory Commission on Public Diplomacy.
    Subsection (a) reauthorizes the Commission for 2 years. 
Subsection (b) mandates regular studies by the Commission for 
submission to Congress. Subsection (c) requires that at least 
four of the Commission's seven members, all of whom are 
political appointees, have substantial experience in public 
diplomacy or comparable activities in the private sector, and 
that no member may be an officer or employee of the United 
States.
Section 217. Special Olympics.
    This section amends section 3 (b) of the Special Olympics 
Sport and Empowerment Act of 2004 (Public Law 108-406) so as to 
designate the Assistant Secretary of State for Educational and 
Cultural Affairs to administer grants under the act to support 
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. The committee notes that 
Special Olympics International has been receiving Federal 
funding since 2003 to support educational programs abroad to 
diminish discrimination against people with intellectual 
disabilities.
Section 218. Extension of Program to Provide Grants to American-
        Sponsored Schools in Predominantly Muslim Countries to Provide 
        Scholarships.
    This section amends section 7113 of the Intelligence Reform 
and Terrorism Prevention Act of 2004 (Public Law 108-458) by 
extending authorization for grants to American-sponsored 
schools in predominately Muslim counties to provide 
scholarships through Fiscal Year 2011. This section also 
extends the reporting requirement to Congress to June 15, 2011.
Section 219. Central Asia Scholarship Program for Public Policy 
        Internships.
    Subsection (a) establishes a pilot program for public 
policy internships for students from Central Asia. Subsection 
(b) describes the criteria for the implementation of the 
program. Subsection (c) authorizes $600,000 for each of the 
Fiscal Years 2010 and 2011 of the amounts authorized to be made 
available for educational and cultural exchanges under section 
101(4). The committee believes this level of funding will 
provide up to 50 undergraduate or graduate students from 
Central Asia the opportunity to participate in public policy 
internships in the United States for a period not exceeding 6 
months.
Section 220. United States-South Pacific Scholarship Program.
    Subsection (a) provides certain findings regarding the 
United States-South Pacific Scholarship (USSP) program. 
Subsection (b) expresses a sense of Congress that the program 
should be named for the late Congressman Phillip Burton. 
Subsection (c) provides $750,000 for each of Fiscal Years 2010 
and 2011 for the program and provides that scholarships awarded 
under the Program shall be referred to as ``Burton 
Scholarships'' and recipients of such scholarships shall be 
referred to as ``Burton Scholars.''
Section 221. Scholarships for Indigenous Peoples of Mexico and Central 
        and South America.
    This section authorizes $400,000 for each of Fiscal Years 
2010 and 2011 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.
Section 222. United States-Caribbean Educational Exchange Program.
    This section creates an educational exchange program that 
brings high school students, university students, and scholars 
from the nations of the Caribbean Community and Common Market, 
also known as CARICOM , to the United States on scholarships 
based on merit and need in order to support those countries' 
labor markets and development goals. The program would be known 
as the ``Shirley A. Chisholm United States-Caribbean 
Educational Exchange Program.''
    Subsection (a) includes important definitions that limit 
the program to CARICOM countries that are members of the 
Caribbean Community but does not include a country that has 
observer status or that the U.S. Government has determined has 
repeatedly provided support for acts of international terrorism 
under other provisions of Federal law. In addition, this 
section identifies U.S. cooperating agencies as including an 
institution of higher education (including historically Black 
colleges and universities and Hispanic-serving institutions), a 
higher education association and a U.S. incorporated 
nongovernmental organization.
    Subsection (b) authorizes the Secretary of State to create 
the ``Shirley A. Chisholm United States-Caribbean Educational 
Exchange Program.'' Under this program, secondary school 
students from CARICOM countries will attend a public or private 
secondary school in the United States and participate in 
activities designed to promote a greater understanding of the 
values and culture of the United States, while undergraduate 
students, graduate students, post-graduate students, and 
scholars from CARICOM countries will attend a public or private 
college or university, including a community college, in the 
United States, and participate in activities designed to 
promote a greater understanding of the values and culture of 
the United States.
    Caribbean citizens have come to the United States to pursue 
higher education for decades. Over the last few years, close to 
14,000 students from the Caribbean have studied in the U.S. 
annually. Student exchange programs help increase mutual 
cultural understanding and assist in strengthening our ties 
with other nations. In particular, the Shirley A. Chisholm 
United States-Caribbean Educational Exchange Program will 
ensure closer ties between Americans and our Caribbean 
neighbors, and will help develop leaders in the Caribbean who 
will have enhanced knowledge of American systems of democracy 
and our free market economic system.
    The committee notes that opportunities to study abroad have 
played a key role in the development of leadership throughout 
the CARICOM countries, impacting government, the economy and 
civil society in these nations. Many leaders in English-
speaking countries have studied at the University of the West 
Indies, but many have also left the region to study in England, 
Canada and the United States. As an example, the current Prime 
Minister of Antigua and Barbuda, W. Baldwin Spencer, studied in 
England, Canada and Norway; the Prime Minister of Belize, Said 
Musa, studied in England; and the President of Haiti, Rene 
Preval, studied in Belgium. These leaders, and many others, 
chose to reinvest their education back into their nations and 
their home communities.
    Many of the Caribbean's best and brightest have come to 
study in the U.S. and later obtained jobs here. They have made 
significant contributions to American communities and to our 
nation as a whole. But with their immigration to the U.S., our 
gain has come at a great price for the Caribbean nations they 
left. Over the decades, there has been a significant brain 
drain of talent from the Caribbean to the United States and 
Europe particularly. This bill seeks to address that problem by 
targeting young scholars who are committed to returning home, 
and those who are determined to contribute the knowledge and 
skills they gain through education in the U.S. for the 
betterment of their nations. By becoming leaders in business, 
politics, education and teaching, religion and civil society, 
the beneficiaries of this program can enhance job creation and 
opportunity in their home country, or another CARICOM nation.
    The Caribbean has particularly narrow access to tertiary 
education for students in the relevant age group. While the 
gross enrollment ratio is 29 percent in Latin America, it is 
only 6 percent in the Caribbean. The University of the West 
Indies plays an important role in providing high-quality 
university and graduate education to citizens of the Caribbean. 
By providing access to tertiary education in the United States, 
the Shirley A. Chisholm United States-Caribbean Educational 
Exchange Program can expand the number of university graduates 
in the CARICOM countries, while ensuring that these nations 
benefit from the educational achievements of their citizens.
    Subsection (c) identifies elements of the program, 
including the provision of scholarships based on merit and 
need. This subsection includes a sense of Congress that 
students should evidence merit, achievement and strong academic 
potential, and that 60 percent of scholarships offered should 
be based on need. The program would seek gender equity in 
granting scholarships and would support fields of study that 
will benefit the labor market and development needs of the 
CARICOM countries. High school participants and those pursuing 
graduate studies would remain in the United States for 1 year, 
while undergraduates would take part for 2 years. This 
subsection also requires scholarship recipients to return to 
live in a CARICOM country for 2 years or obtain employment that 
directly benefits the growth, progress and development of 
CARICOM countries or their people.
    Subsection (d) authorizes the Secretary to provide grants 
to U.S. cooperating agencies to carry out the terms of this 
program.
    Subsection (e) requires the Secretary to monitor and 
evaluate the program. In particular, this subsection would 
require the Secretary to evaluate the ``brain drain'' effect of 
this program on the CARICOM nations, the future academic 
achievements of scholarship recipients, the percentage of 
participants who do return to CARICOM nations, the types of 
careers chosen by the participants, and benefits to the CARICOM 
nations of those career paths. The Shirley A. Chisholm United 
States-Caribbean Educational Exchange Program will contribute 
toward assisting the CARICOM countries in developing their 
capacity to meet the educational challenges and goals necessary 
for their people to become vibrant contributors in growing 
national, regional and international economies.
    Subsection (f) would require the Secretary to report to 
Congress on plans to implement this program not later than 120 
days after enactment, including identifying the target number 
of scholarship recipients, outreach plans, and a timeline and 
budget for the program. An updated report would be required 
each year.
    Subsection (g) would authorize such sums as may be 
necessary for Fiscal Years 2010 and 2011 to carry out this 
program, of the amount authorized in section 101(4).
Section 223. Exchanges Between Sri Lanka and the United States to 
        Promote Dialogue Among Minority Groups in Sri Lanka.
    This section establishes a program for Sri Lankan high 
school students from various ethnic, religious, linguistic and 
other minority groups to take part in post-conflict resolution, 
understanding and dialogue promotion workshops in the United 
States. Subsection (a) describes the purposes of the program. 
Subsection (b) establishes the program. Subsection (c) provides 
certain definitions for the section. Under the program, 
scholarship funds would support, in part or in full, the travel 
costs of participants as well as their living expenses while in 
the United States.
Section 224. Exchanges Between Liberia and the United States for Women 
        Legislators.
    This section establishes an exchange program in cooperation 
with the Liberian Women's Legislative Caucus to bring together 
female members of the Liberian Congress, their female staff 
members and women serving in the U.S. Congress as Members and 
staff. Subsection (a) describes the purposes of the program, 
including encouraging the participation of more women, and that 
they remain active in politics and the democratic process in 
Liberia. Subsection (b) establishes the program. Subsection (c) 
provides certain definitions for the section. Under the 
program, scholarship funds would support, in part or in full, 
the travel costs of participants as well as their living 
expenses while in the United States.
Section 225. Public Diplomacy Plan for Haiti.
    This section requires the Secretary of State to 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 of the strictures of TPS status, the dangers of 
sea travel in unsafe vessels, the United States' repatriation 
policy, and the United States' assistance programs in Haiti.
Section 226. Transfer of the Vietnam Education Foundation to the 
        Department of State.
    This section makes various amendments to the Vietnam 
Education Foundation Act of 2000 (Pub. Law 106-554) in order to 
transfer to the Bureau of Educational and Cultural Affairs 
(ECA) of the Department of State the authority to operate the 
currently independent, congressionally-established Vietnam 
Education Foundation. Subsection (a) amends the purposes of the 
act to offer further support of academic institutions in 
Vietnam. Subsection (b) establishes the Foundation within ECA. 
Subsection (c) eliminates the Foundation's current board of 
directors and creates an advisory committee--with members 
appointed by the Secretary of State and the majority and 
minority leaders of the House and the Senate--to advise ECA on 
the Foundation's activities, and ensures that the Foundation's 
executive director answers to this board. Subsection (d) vests 
appointment of the Executive Director of the Foundation with 
the Secretary. Subsection (e) modifies the responsibilities of 
the Executive Director. Subsection (f) reforms the Foundation's 
fellowship program to focus on academic computer science, 
public policy, and academic and public management. Subsection 
(g) makes certain conforming amendments. Subsection (h) makes 
certain amendments to the Mutual Educational and Cultural 
Exchange Act of 1961. Subsection (i) provides for transfer of 
functions of the Foundation to the Department. Subjection (j) 
provides for graduate-level academic and public policy 
management leadership programs through ECA or through the 
Foundation. Subsection (k) provides that the amendments in this 
section of the act shall take place 90 days after enactment of 
the section.

           SUBTITLE C--CONSULAR SERVICES AND RELATED MATTERS

Section 231. Permanent Authority to Assess Passport Surcharge.
    The Passport Services Enhancement Act of 2005 (P.L. 109-
167) amended the Passport Act to authorize the Secretary of 
State to establish and collect a surcharge to cover the costs 
of meeting the increased demand for passports as a result of 
actions taken to comply with section 7209(b) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 (P.L. 
108-458) (IRTPA). The authority to assess the surcharge expires 
on September 30, 2010. This section would make the authority 
permanent.
Section 232. Sense of Congress Regarding Additional Consular Services 
        in Moldova.
    This section addresses the numerous and ongoing problems 
faced by Moldova with regard to trafficking in persons. Moldova 
was briefly classified as a Tier 3 trafficking country last 
year, and the U.S. embassy there handles the highest number of 
United States Summer Work Travel program visa applications in 
Europe. The committee is concerned about reports of trafficking 
of Moldovan university students who have traveled to the U.S. 
on summer work program visas (commonly referred to as ``J1 
visas''). There is currently only one consular office in the 
embassy to cover a notable caseload of visa applications. The 
committee would like to ensure that sufficient consular staff 
are available at this post to minimize the risk of approving a 
visa to someone engaged with human traffickers and believes 
additional anti-trafficking training may be useful for consular 
staff at this post. This section recognizes these challenges 
and expresses the sense of Congress that the U.S. embassy in 
Moldova should be sufficiently resourced to address them.
Section 233. Reforming Refugee Processing.
    This section would make a number of reforms to refugee 
processing and resettlement.
    Subsection (a) reforms the State Department's processing of 
refugees for admission to the United States. Paragraph (1) 
would require the Secretary of State to: Set forth a plan for 
ensuring that all U.S. embassies and consulates are equipped 
and enabled to refer individuals in need of resettlement to the 
U.S. refugee admissions program; and establish a system for 
nongovernmental organizations (NGOs) to refer individuals in 
need of resettlement to the U.S. refugee program. The committee 
is concerned that despite prior efforts to support refugee 
referrals from NGOs, some refugees who are qualified for 
resettlement to the U.S. are not identified by the program. 
When refugees approach a U.S. Embassy, they are instructed to 
register with the U.N. High Commissioner for Refugees. While 
the committee supports the primary role of UNHCR in identifying 
and screening refugee applicants to the U.S., we encourage the 
State Department to ensure that applicants who approach the 
Embassy directly are able to access the resettlement program 
for consideration.
    Subsection (b) would make reforms in the refugee 
consultation process between the Executive and Legislative 
Branches. Paragraph (1) would amend section 207(a)(2) of the 
Immigration and Nationality Act to permit up to one-fourth of 
the admissions goal that was set in the previous fiscal year to 
be admitted in the first quarter of the succeeding fiscal year 
in the event that a fiscal year begins without a Presidential 
Determination being in place. Paragraph (2) would amend section 
207(e) of the Immigration and Nationality Act to require that 
the refugee consultation take place no later than June 1 of 
each year.
    In some fiscal years, there are delays in the 
administration's release of the Presidential Determination (PD) 
which identifies the number of refugees from each region who 
may be admitted in that fiscal year. When this happens, 
refugees who may be in the process of resettlement are required 
to halt such processing until the PD is released. The new 
provision in paragraph (1) will provide flexibility that will 
allow the continued admission of refugees in the pipeline until 
the PD for the new fiscal year is issued.
    The committee is concerned that the executive branch's 
consultation with Congress on the President's annual 
determination on refugee admissions often occurs so late in the 
fiscal year that Congress is unable to play its legally 
mandated consultative role in advising the administration on 
how many and what populations of refugees to admit to the 
United States. These consultations often occur in September, 
just a few days or weeks before the issuance of the 
Presidential Determination and long after the House of 
Representatives and Senate have made decisions about 
appropriations for refugee admissions and refugee resettlement. 
A requirement that the consultation occur by June 1 of each 
year would ensure that Congress performs more than just a 
perfunctory role in the consultation process.
    Subsection (c) would make a number of reforms to better 
ensure the reunification of refugees with their family members. 
Paragraph (1) would nullify 8 C.F.R. 207.1(d), which precludes 
refugee applicants who are also eligible for immediate relative 
or special immigrant status from being admitted as refugees. 
Instead, Paragraph (1) would explicitly provide that refugee 
applicants may simultaneously pursue admission under visa 
categories for which they may be eligible. While current law 
does not preclude a person who is seeking refugee status from 
also pursuing admission to the United States under any other 
visa category for which he or she is eligible, current 
regulations provide that a person who is eligible for admission 
to the United States as an immediate relative of a United 
States citizen or as a special immigrant cannot be admitted to 
the United States as a refugee. This has led to unfortunate 
circumstances in which an alien in a refugee camp has a 
legitimate refugee claim but cannot pursue it because the alien 
has a U.S. citizen spouse, child, or parent and is unable to 
communicate with that person.
    Paragraph (2) would provide that a child who has been 
separated from his birth or adoptive parents and is living in a 
country of asylum under the care of an alien who has been 
granted refugee status shall, if it is in the best interest of 
the child, be admitted as a refugee and considered for 
placement with the alien who was caring for him or her.
    The committee finds that it is not uncommon in refugee 
camps for children who have fled violence and turmoil to find 
themselves separated from their birth or adopted parents, 
either because of the death of their parents, because they have 
been abandoned by their parents, or because of their inability 
to locate their parents in the midst of a chaotic crisis. In 
many societies, these children are often taken in and cared for 
by other adults on the way to a place of refuge, or after 
arrival in places of refuge. Unfortunately, however, when these 
adults are granted refugee status in the U.S., current 
immigration law does not allow the children to accompany or 
follow to join these informal adoptive parents or guardians 
once those adults depart for the United States. Permitting 
separated children to accompany or follow to join these 
adoptive adults with whom they have been living, after 
appropriate review of their best interests, including a search 
for their birth parents or other family members who may wish to 
resume or assume custody of the child, would greatly alleviate 
the plight of these children.
    Paragraph (3) would provide that if the spouse of a refugee 
or of a person who seeks asylum 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. A gap in 
current U.S. immigration law makes it possible for the child of 
a refugee's spouse to be unable to follow to join his or her 
parent in the United States. For example, this can happen when 
a derivative refugee is abandoned by her principal refugee 
spouse once she gets to the United States. Under current U.S. 
immigration law, even though she may well be a bona fide 
refugee, since she is not the principal refugee, she is not 
entitled to have her child to follow to join her. Changing 
immigration law to permit a derivative refugee to petition for 
her child to follow to join her would remedy this unfortunate 
situation.
    Subsection (d) would amend the Migration and Refugee 
Assistance Act of 1962 to increase the cap on funds in the 
Emergency Refugee and Migration Assistance Account (ERMA) from 
$100,000,000 to $200,000,000 and permit the Secretary of State 
to draw down funds rather than the President of the United 
States.
    Currently, the amount of funds that can be in the ERMA 
account at any moment are capped at $100,000,000. However, in 
recent years, refugee crises around the world have required 
appropriations that exceed that amount. The Committee on 
Appropriations has regularly ``waived'' the $100,000,000 cap. 
This increase in the cap would obviate the need for the 
appropriators to waive the cap.
    Subsection (e) authorizes such sums as may be necessary to 
carry out this section.
    Subsection (f) specifies that 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.
Section 234. English Language and Cultural Awareness Training for 
        Approved Refugee Applicants.
    This section provides basic English language and cultural 
awareness training for refugees in advance of their arrival in 
the United States.
    Subsection (a) requires the Secretary of State to establish 
overseas refugee training programs to provide English as a 
Second Language (ESL), cultural orientation, and work 
orientation training for refugees who have been approved for 
admission to the United States before their departure to the 
United States.
    In designing the training programs, subsection (b) requires 
the Secretary to consult with or utilize international or 
nongovernmental organizations with direct ties to the United 
States resettlement program and those with appropriate 
expertise in developing curriculum and teaching English as a 
second language.
    Subsection (c) requires the Secretary to ensure that such 
training programs occur within the 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.
    Subsection (d) requires programs be established in at least 
three refugee processing regions within a year of the enactment 
of the act and in five regions within 2 years of enactment of 
the act. Subsection (e) calls on GAO to conduct a study 
assessing the program, its benefits, the quality of ESL 
instruction and to make a recommendation to Congress on 
continuation of the program 2 years after the date of enactment 
of the act. Subsection (f) provides that nothing in the section 
shall be construed to require that a refugee participate in the 
training programs described in the section as a precondition 
for being admitted to the United States as a refugee.
    The committee has authorized this new program to improve 
the opportunities for newly arrived refugees who must make 
difficult and challenging transitions to live in the United 
States, enter school, find and keep jobs and in only a few 
months support themselves financially. Many refugees come to 
the United States after many years of displacement in refugee 
camps or other unsettled areas. Often they have been unable to 
work since leaving their homes; they may have lost their 
central breadwinner to violence and often do not speak English. 
Often women refugees must work outside of their household for 
the first time when they come to the United States. While the 
committee recognizes that a short-term ESL class will not 
guarantee fluency in the near term, the committee believes that 
refugees, who often come to the U.S. with few resources, little 
education and limited work experience, should receive 
appropriate education on the work and culture of the United 
States before their arrival to prepare them for the transition 
and the hard work that will be required for them to support 
their families. In addition, even limited familiarity with key 
words and phrases of English can help build confidence, provide 
basic vocabulary upon arrival, and hopefully motivate arriving 
refugees to continue language studies once they settle in to 
their new environment.
    During the resettlement of refugees from Southeast Asia in 
the 1970s and 1980s, some language training was provided to 
admitted refugees in Thailand. Given that most refugees spend 
months in the resettlement process, the committee believes this 
time can be used to provide ESL and the orientations needed for 
their transition to the U.S. In addition, providing this 
service regionally would allow the State Department to develop 
solid programs that work across nationalities. The committee 
does not believe that admission to the United States should in 
an way depend on a refugee's participation in such training, 
though we expect many refugees will be eager to participate in 
these programs to prepare them for their new lives in the 
United States.
Section 235. Iraqi Refugees and Internally Displaced Persons.
    This section would require the President to 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 such persons' lives, 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 its resolution of the problem, 
and ensure that budget requests to Congress are sufficient to 
meet an appropriate U.S. contribution to the needs of Iraqi 
refugees, internally displaced persons within Iraq, and other 
refugees in Iraq.
    Six years into the war in Iraq, and three years after the 
major refugee outflow following the Samara bombing, the United 
States has failed to develop a well coordinated strategy and 
government response to the Iraq refugee crisis. While prior 
congressional proposals created a coordinator for Iraq refugee 
and IDP policy inside the White House, given the change in 
administration, the committee now wishes to give the President 
flexibility and is therefore authorizing an interagency working 
group to coordinate U.S. Government policy in this area. 
Subsection (b) would require the President to compose an 
interagency working group, consisting of the Department of 
State, the National Security Council, the Department of 
Homeland Security and the U.S. Agency for International 
Development (USAID), to carry out these objectives, facilitate 
interagency coordination and implement policies for Iraqi 
refugees and IDPs. It also would identify the Secretary of 
State as the principal liaison on diplomatic efforts on the 
needs of Iraqi refugees and IDPs with foreign governments, 
international organizations and nongovernmental organizations.
    Subsection (c) calls on the Secretary to increase the 
resources available to support the processing of Iraqi refugees 
from inside Iraq. Currently, in-country processing of refugees 
from within Iraq is moving ahead but slowly at times. The 
committee understands that the Bureau of Population, Refugees 
and Migration has limited space within the Green Zone and 
cannot add additional staff at this time, but we urge the 
Secretary to be mindful of the need to improve processing of 
refugees from Baghdad and take steps necessary to achieve that 
goal.
    Subsection (d) supports U.S. humanitarian assistance 
efforts on behalf of Iraqi refugees and IDPs by: 1) seeking to 
ensure that other countries contribute to UNHCR and other 
international assistance organizations, 2) providing U.S. 
contributions that fund 50 percent or more of UNHCR and other 
international organizational appeals for Iraqi refugees; and 3) 
urging the Government of Iraq to make significant contributions 
to these appeals. By far, the United States has been the 
largest donor to the Iraq refugee crisis, including through its 
donations to UNHCR. Yet, this is an international crisis. The 
committee urges the Secretary of State to increase efforts to 
encourage contributions by other nations to UNCHR for this 
purpose. In addition, given our country's unique role in the 
war in Iraq, the committee supports the continuation of the 
U.S. providing 50 percent of the appeals issued by UNHCR, the 
International Committee for the Red Cross and other 
international organizations.
    Subsection (e) states the policy of the U.S. to only 
encourage Iraqi refugee returns to Iraq on a safe and voluntary 
basis with the coordination of the Government of Iraq and 
UNHCR. The committee is concerned about the Government of 
Iraq's efforts to recruit refugees to return from Syria and 
Jordan before there is any plan or infrastructure in place to 
reabsorb these populations into Iraq and, most importantly, 
before security conditions inside Iraq warrant such returns. 
The committee is likewise concerned that the Government of Iraq 
not impose artificial or otherwise inappropriate deadlines for 
the refugees' return. The committee supports U.S. Government 
efforts to work with the Government of Iraq, UNHCR and other 
entities to address conditions inside Iraq and develop solid 
plans for the return of refugees when security conditions are 
safe enough for them to return in an organized manner. The 
committee is likewise concerned that the Government of Iraq 
does not impose artificial or otherwise inappropriate deadlines 
for the refugees' return.
    Subsection (f) calls on the Secretary to work with foreign 
governments, international organizations and nongovernmental 
organizations to develop a long term comprehensive strategy for 
responding to the Iraqi refugee and IDP crisis. This includes: 
Assessing the needs of refugees, IDPs and their host 
communities; providing assistance through international 
organizations, including resettlement; providing assistance 
that supports psychosocial services and cash assistance 
programs; providing technical assistance to the Government of 
Iraq and other organizations to better meet the needs of Iraqi 
refugees and IDPs and to address the land and housing claim 
disputes, including restitution; and providing enhanced 
residency and work opportunities for Iraqi refugees and 
improving transparency among all governments and organizations 
relating to assistance provided to Iraqi refugees and IDPs. In 
particular, the committee remains concerned about the ability 
of assistance to meet the needs of refugees who have suffered 
incredible traumas as a result of the war or due to human 
rights violations of the Saddam Hussein regime or warring 
political factions inside Iraq. We note the reported success of 
cash assistance programs and encourage their expansion to 
larger numbers of refugee families. In addition, we note the 
continuing dearth of psychosocial services for refugee 
populations and reports of very high levels of trauma that have 
been found, and the need for widespread access to psychosocial 
services. Also, the committee notes the generosity of the 
people of Jordan and Syria in admitting and hosting these 
refugees and urges their governments to adopt plans that will 
allow refugees to make a livelihood during their stay in these 
neighboring countries.
    Subsection (g) enhances accounting of U.S. assistance to 
Iraqi refugees and IDPs by calling on the Secretary of State 
and the USAID Administrator to develop performance measures to 
assess and report progress on U.S. goals and objectives for 
Iraqi refugees and IDPs and track funding apportioned, 
obligated and expended for Iraqi refugee programs in Jordan, 
Syria, Lebanon and other countries. This subsection adopts the 
recommendations of the GAO in report number GAO-09-120 to 
improve the U.S. Government's response to the Iraq refugee 
crisis.
    Subsection (h) requires an annual report through 2011 
concerning U.S. assistance funding, U.S. efforts for 
resettlement of Iraqi refugees, an evaluation of the Government 
of Iraq's efforts on behalf of Iraqi refugees and IDPs, 
including expenditures and reporting on the accounting measures 
required by subsection (g).
Section 236. Videoconference Interviews.
    This section would authorize a 2-year pilot program that 
uses remote videoconferencing technology to conduct visa 
interviews for tourist visas. It would require reports a year 
into the pilot and after the completion of the pilot, 
identifying efficacy of videoconference interviews and 
including recommendations on whether such technology should be 
continued. In many large countries, such as China, India and 
Brazil, the number of tourist and business visitors to the 
United States has increased, and the potential for further 
visitors is greater still. However, a limited number of 
consulates in these countries means that many visitors must 
travel great distances in their own country to obtain a visa to 
the Untied States. The costs and logistics of these efforts to 
obtain a visa can be prohibitive or discouraging and may be 
limiting foreign tourism in the United States. For years there 
has been interest in testing videoconferencing technology, 
which is improving very rapidly, for consular officers to use 
in conducting visa interviews. This could make travel to the 
United States more likely and affordable for many in the world. 
The committee encourages the State Department to test the use 
of this technology in the visa issuance process to identify its 
potential future use.
Section 237. Tibet.
    This section amends the Tibetan Policy Act of 2002 (P.L. 
107-228). Subsection (a) directs the President to have the 
National Security Council play a coordination and communication 
role on U.S. policy on Tibet, and amends language to have the 
State Department formally coordinate with other foreign 
governments. Subsection (b) authorizes foreign assistance for 
projects in Tibet. Subsection (c) authorizes and directs the 
Office of the Special Coordinator for Tibetan Issues in the 
State Department to manage and administer this assistance. 
Subsection (d) authorizes funding for the establishment of a 
Tibet Section within the U.S. Embassy in Beijing, and directs 
the Secretary of State to seek to establish a U.S. consulate in 
Lhasa, Tibet. Subsection (e) amends language to a Sense of 
Congress that government officials of the People's Republic of 
China should not interfere in the reincarnation system of 
Tibetan Buddhism. All of these provisions are aimed at 
strengthening the U.S. Government's efforts in addressing the 
Tibet situation and resolving the political stalemate regarding 
Tibet.
Section 238. Processing of Certain Visa Applications.
    This section establishes Department of State policy to 
process immigrant visa applications of immediate relatives and 
nonimmigrant (``k-1'') visa applications of fiances within 30 
days of receipt of a complete application and necessary 
paperwork from the applicant and the Department of Homeland 
Security, and 60 days for an applicant who is not an immediate 
relative of the sponsor. If such processing is not completed 5 
days after these deadlines, the application will be reviewed by 
the head of the consular section and its processing will be 
expedited. The committee remains concerned with the long wait 
times some U.S. citizen applicants face when seeking to bring 
relatives or fiances to the United States to join them. We urge 
the consular service to take these additional steps to ensure 
faster processing of these applications.

SUBTITLE D--STRENGTHENING ARMS CONTROL AND NONPROLIFERATION ACTIVITIES 
                       AT THE DEPARTMENT OF STATE

Section 241. Findings and Sense of Congress on the Need to Strengthen 
        United States Arms Control and Nonproliferation Capabilities.
    The committee recognizes that international security relies 
upon collective security arrangements and alliances. Unilateral 
action by one country, no matter how powerful, is insufficient 
to cope effectively with security threats.
    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, 
are critical to effective collective global action. As modern 
counterinsurgency doctrine seeks to employ the full spectrum of 
military, economic, diplomatic and other means to defeat an 
unconventional security threat, these collective arrangements, 
conventions, and alliances seek to use a broad range of 
diplomatic, commercial, financial and other means to counter 
the possession and proliferation of destabilizing numbers and 
types of weapons, especially weapons of mass destruction and 
the means to deliver them.
    Unilateral actions by the United States are insufficient to 
counter the spread of destabilizing weapons. Therefore, in 
order to safeguard and advance U.S. 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. This is even truer as the 
global nonproliferation regime is fundamentally challenged by 
North Korea and Iran's nuclear activities.
    These challenges to the global nonproliferation regime can 
only be met by active, committed, and long-term multilateral 
engagement, participation and leadership by the United States.
    President Obama has outlined an ambitious agenda in arms 
control and nonproliferation for the coming years, including:

         Lthe conclusion of a strategic arms reduction 
        treaty with Russia;
         Lratification of the Comprehensive Test Ban 
        Treaty (CTBT);
         Lcreation 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;
         Lsecuring of vulnerable nuclear material 
        worldwide that could be stolen and utilized by 
        terrorist groups and rogue nations for nuclear and 
        radiological weapons; and
         Lthe 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.

    This provision states these and other points as Findings.
    Section 241 also states the Sense of Congress that the 
Secretary of State should immediately develop a plan to 
strengthen the capabilities of the Department of State in these 
areas, especially the human, organizational, and financial 
resources available to the Undersecretary of State for Arms 
Control and International Security. Such plan should focus on 
recruitment and professional development of civilian and 
Foreign Service officers in the areas of arms control and non-
proliferation 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 to keep Congress 
informed on the measures taken in this regard.
Section 242. Authorization of Additional Arms Control and 
        Nonproliferation Positions.
    This section authorizes additional 25 positions at the 
Department of State for arms control and nonproliferation 
functions, in keeping with the ambitious arms control and 
nonproliferation agenda laid out by the President, and the 
serious challenges confronting the global nonproliferation 
regime. It authorizes $3,000,000 from the amounts authorized to 
be appropriated under section 101 of this act for this purpose.
Section 243. Additional Authority of the Secretary of State.
    This section further strengthens the State Department's 
arms control and nonproliferation resources by allowing the 
Secretary of State to extend the period of employment of 
experts and consultants that she needs to accomplish critical 
U.S. goals, such as the negotiation of strategic arms control 
treaties with Moscow. Current law only allows these experts to 
be contracted for a little more than four months. This 
provision gives the Secretary the authority to extend that 
employment period. If the U.S. is at a critical juncture in 
arms control negotiations, for example, the U.S. cannot be 
hampered by the lapsing of a critical expert's contract to 
advise the Secretary or her negotiator.
Section 244. Additional Flexibility for Rightsizing Arms Control and 
        Nonproliferation Functions.
    This section provides the Secretary of State with the 
flexibility to reorganize the arms control and nonproliferation 
functions by removing the statutory requirement for a separate 
Assistant Secretary devoted solely to verification. Current law 
dictates that there must be an Assistant Secretary for 
Verification, Compliance and Implementation, performing 
specified duties. The Secretary and the President are unable to 
change or reorient that position to respond to the different 
arms control and nonproliferation challenges presented to the 
United States in today's global security environment.
    The section does not itself remove or alter the current 
Bureau of Verification, Compliance and Implementation.
Section 245. Arms Control and Nonproliferation Rotation Program.
    This section establishes the Arms Control and 
Nonproliferation Rotation Program for employees of the 
Department of State and such other Federal departments and 
agencies.
    The Rotation Program will provide midlevel Foreign Service 
officers and employees of the Department, and employees of 
other Federal departments and agencies concerned with arms 
control and nonproliferation the opportunity to broaden their 
knowledge through professional interaction. It will also help 
to invigorate the Department's arms control and 
nonproliferation workforce with professionally rewarding 
opportunities.
Section 246. Arms Control and Nonproliferation Scholarship Program.
    This section establishes 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.
Section 247. Scientific Advisory Committee.
    This section authorizes the President to establish a 
Scientific Advisory Committee to 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. The 
existing ``International Security Advisory Board'' is focused 
more on policy studies. This Scientific Advisory Committee is 
intended to be a more-focused and technical resource to better 
inform U.S. arms control decision-making, policy and 
negotiations.

           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

        SUBTITLE A--TOWARDS MODERNIZING THE DEPARTMENT OF STATE

Section 301. Towards a More Modern and Expeditionary Foreign Service.
    This section would make an initial reform effort to make 
the Foreign Service more expeditionary. Subsection (a) provides 
findings regarding the need for increased capacity of the 
Foreign Service. Subsection (b) authorizes increases in Foreign 
Service personnel above attrition for both Fiscal Years 2010 
and 2011 for both the Department of State and USAID, and 
includes a paragraph a clarifying that subsection (b) is not a 
limitation on hiring. Subsection (c) expands the purposes of 
the Foreign Service to prevent, mitigate and respond to 
international crises and instability. Subsection (d) provides 
that all Foreign Service Officers must be available to be 
assigned worldwide. Subsection (e) provides for recruitment of 
individuals for the Foreign Service who have experience in 
permissive and semi-permissive environments. Subsection (f) 
provides for training in conflict resolution, functioning in a 
non-permissive or semi-permissive environment, and in advanced 
training over a Foreign Service Officer's career. This, 
combined with a section regarding a quadrennial review of 
diplomacy and development, seeks to create substantial reform 
in the Foreign Service, justifying the increased resources. The 
committee believes that as the Foreign Service expands, it must 
evolve into a more expeditionary role to meet the demands of 
the 21st century. The amendments made by this act will continue 
the work of the committee that began last Congress with H.R. 
1084, the Reconstruction and Stabilization Civilian Management 
Act of 2008, which was enacted as title XVI of Public Law 110-
417.
Section 302. Quadrennial Review of Diplomacy and Development.
    This section establishes a requirement for a national 
strategy on foreign policy and foreign assistance, and requires 
a quadrennial review of said strategy.
    Subsection (a) requires that not later than December 1, 
2010, the President prepare a national strategy on foreign 
policy and foreign assistance. Subsection (b) requires a 
quadrennial review of that national strategy. Subsection (c) 
requires consultation with outside stakeholders. Subsection (d) 
provides for consultation and reporting to Congress. Subsection 
(e) provides for an independent panel to provide its assessment 
of the review. The committee expects that this authority will 
be delegated to the Secretary of State and believes that the 
State Department must have both a more strategic approach to 
its foreign policy planning and must increase its capacity to 
look more strategically at its mission generally.
Section 303. Establishment of the Lessons Learned Center.
    This section establishes a ``Lessons Learned Center'' for 
the Department of State and USAID. Subsection (a) authorizes 
the Secretary of State in consultation with the Administrator 
of USAID to establish the Center. Subsection (b) clarifies the 
purpose of the Center to serve as a central organization for 
collection, analysis, archiving, and dissemination of 
observations, best practices, and lessons learned by, from, and 
to State Department and USAID civil service and Foreign Service 
employees. Subsection (c) requires the Secretary to submit a 
report including recommendations on space, costs, staffing, and 
curriculum needs associated with the Lessons Learned Center. 
Subsection (d) defines the term ``lessons learned'' and 
``academic freedom'' for the purposes of this provision.
Section 304. Locally Employed Staff Compensation.
    Subsection (a) contains a number of findings that describe 
the critical role that locally employed staff play in 
supporting U.S. diplomacy at overseas posts. The findings also 
establish that the United States is failing to provide 
competitive compensation packages for locally employed staff 
and that this is leading to locally employed staff defections 
to other governments and to the private sector. Subsection (b) 
requires the Secretary of State to undertake a policy review 
the adequacy of locally employed staff compensation and directs 
the Secretary to take into account the recommendations of the 
Department of State Inspector General in conducting the policy 
review. Subsection (c) requires the Secretary to report to 
Congress on this effort, including on the status of efforts to 
implement the recommendations of the Inspector General.

       SUBTITLE B--FOREIGN SERVICE PAY EQUITY AND DEATH GRATUITY

    This subtitle establishes an equalized global pay scale for 
junior members of the Foreign Service by resolving the pay 
discrepancy resulting from Washington D.C.-based locality pay 
that is not received by Foreign Service personnel stationed 
overseas. The bill also amends the current death gratuity 
benefit to standardize the amount paid to surviving dependents 
of a Foreign Service employee who dies as a result of injuries 
sustained while serving abroad.
    The Subtitle reforms the Foreign Service compensation 
system to eliminate, over a 2-year period, wage disparities 
between U.S. Government employees who are members of the 
Foreign Service based in Washington D.C. who receive locality 
pay, and those overseas who do not. Locality-based 
comparability payments were initiated for certain Federal 
Government workers under the Federal Employees Pay 
Comparability Act of 1990 in order to make their salaries 
competitive with comparable employment in the private sector.
    These payments were extended to employees of the Foreign 
Service, but only to those based within the United States. When 
low- or mid-level Foreign Service members are transferred from 
Washington D.C. to a post overseas, they experience a decrease 
of more than 23 percent in basic pay. In order to eliminate 
current and future inequalities between Foreign Service members 
stationed in the U.S. and those stationed abroad, the Subtitle 
increases overseas base salaries over a 2-year phase-in period 
to match those paid to Washington, D.C.-based employees. This 
equitable system will make the Foreign Service more competitive 
with the private sector and aid in recruiting and retaining 
employees.
    The overseas death gratuity would also be amended to 
provide a more standardized benefit to surviving dependents of 
any Foreign Service employee who dies as a result of injuries 
sustained in the performance of duty abroad. This provision 
recognizes the risks that members of the Foreign Service face 
while serving in increasingly violent posts and situations.
Section 311. Short title.
    This section designates this subtitle the ``Foreign Service 
Oversees Pay Equity Act of 2009.''
Section 312. Overseas Comparability Pay Adjustment.
    Subsections (a) and (b) would increase compensation for 
Foreign Service Officers (FSOs) who are not members of the 
Senior Foreign Service and are posted overseas. Under current 
law, FSOs based in the United States receive comparability pay 
in addition to their base pay, to reduce the pay disparity 
between Federal and nonfederal workers. FSOs who are posted 
overseas do not receive those amounts. (Members of the Senior 
Foreign Service are compensated under a pay-for-performance 
system that does not differentiate pay by posting.)
    This section establishes an equalized pay scale for junior 
members of the Foreign Service by resolving the pay discrepancy 
resulting from Washington D.C. based locality pay that is not 
received by Foreign Service personnel stationed overseas. The 
section increases overseas base salaries over a 2-year phase in 
period to match those paid to Washington D.C.-based employees.
    The above increase in basic pay also would lead to an 
increase in other benefits paid to FSOs, such as life 
insurance, health insurance, hardship pay, and danger pay. In 
light of the changes affected by this section, subsection (c) 
requires the Secretary of State to submit a review of all 
allowances under the Foreign Service Act or Title 5 in order to 
determine whether any adjustments need to be made in light of 
these changes.
Section 313. Death Gratuity.
    This section would amend the current death gratuity 
provided for by the Foreign Service Act of 1980 to standardize 
the payment made to surviving dependents of a Foreign Service 
employee who dies of injuries when serving abroad.
    The section would increase the death gratuities payable to 
the surviving dependents of Foreign Service employees who die 
as a result of injuries sustained in the performance of their 
duty overseas. Under current law, the death gratuity equals an 
employee's annual salary at the time of death. Under the bill, 
the Department would pay 1 year's salary at level II of the 
Executive Schedule at the time of death or, if the employee was 
compensated under a local compensation plan, 1 year's salary at 
highest pay level under that plan at the time of their death.

          SUBTITLE C--OTHER ORGANIZATION AND PERSONNEL MATTERS

Section 321. Transatlantic Diplomatic Fellowship Program.
    This section amends the Foreign Service Act of 1980 to 
clarify the authority underlying a current and ongoing exchange 
program between the foreign affairs agencies of the United 
States, the European Union, NATO and their member states, 
created to promote collaboration among its young leaders.
Section 322. Security Officers Exchange Program.
    This section amends the Foreign Service Act of 1980 to 
clarify the authority underlying a current and ongoing exchange 
program between the Department of State's Bureau of Diplomatic 
Security and the foreign affairs agencies of Australia and the 
United Kingdom.
Section 323. Suspension of Foreign Service Members Without Pay.
    This section amends section 610 of the Foreign Service Act 
of 1980 to allow the Department to suspend without pay a member 
of the Foreign Service in cases where there is reasonable cause 
to believe that the Foreign Service Officer has committed a 
crime for which he/she may be imprisoned or when the member's 
security clearance is suspended. This is the same authority 
provided with regard to civil service employees under 5 U.S.C. 
7513.
Section 324. Repeal of Recertification Requirement for Senior Foreign 
        Service.
    This section repeals section 305 (d) of the Foreign Service 
Act requiring the Secretary to establish a recertification 
requirement for members of the Senior Foreign Service (SFS) 
that is equivalent to the recertification process for the 
Senior Executive Service. The Homeland Security Act of 2002 
repealed recertification requirements for SES employees 
contained in title 5 of the United States Code.
Section 325. Limited Appointments in the Foreign Service.
    This section amends section 309 of the Foreign Service Act 
of 1980 to provide new authority to extend ``limited 
appointments'' in the Foreign Service. Section 309 currently 
provides that limited (non-career) appointments may not exceed 
5 years in duration and may not be extended or renewed except 
under limited exception.
Section 326. Compensatory Time Off for Travel.
    This section adds a new subsection (c) to 5 U.S.C. 5550b 
limiting accrual of compensatory time off for travel status 
away from the employee's official duty station to 104 hours (13 
days). This 104 hour limitation is equivalent to standard 
yearly sick leave in the civil service.
Section 327. Reemployment of Foreign Service Annuitants.
    This section broadens and makes permanent the authority of 
the Secretary of State under section 824 of the Foreign Service 
Act to reemploy Foreign Service annuitants to fill mission 
needs. In the context of expanding the Foreign Service, as 
authorized by this act, and in light of the increasing needs in 
Afghanistan in Pakistan, the Department needs the ability to 
bring back talented retired staff without limitation to 
facilitate these transitions. However, the committee expects 
the Department to use this authority judiciously and to be 
briefed by the Department and other agencies to ensure that 
there are no unintended consequences of the use of this 
authority.
Section 328. Personal Services Contractors.
    This section provides authority for a pilot personal 
service contractor (PSC) program to enable the Department to 
obtain the services of personal contractors in the United 
States to respond to surge requirements and personnel 
shortfalls. Subsection (a) provides authority to hire such 
PSC's. Subsection (b) sets forth conditions for the use of the 
authority, including limiting the authority to 200 citizens and 
requiring that the hiring be for obtaining specialized skills. 
The committee expects that the Department will use this 
authority to hire individuals directly rather than having to 
pay overhead payments to commercial contractors.
Section 329. Protection of Intellectual Property Rights.
    This section contains provisions to strengthen the 
protection U.S. intellectual property (IP) rights in other 
countries. Subsection (a) requires the Secretary of State to 
enhance IP protection as a priority in U.S. foreign policy and 
to ensure that adequate resources are available at diplomatic 
missions to address IP enforcement issues. Subsection (b) 
requires the Secretary of State to appoint 10 intellectual 
property attaches to serve at United States embassies or other 
diplomatic missions. Subsection (c) requires the attaches be 
assigned to posts where they can have the greatest benefit, 
with priority given to those countries identified by the Office 
of the U.S. Trade Representative as the most serious IP 
violators, as well as at the Organization for Economic 
Cooperation and Development. Subsection (d) details the duties 
and responsibilities of the IP attaches. Subsection (e) 
requires the Secretary of State to ensure that the attaches 
have received adequate training. Subsection (f) requires 
coordination between the activities of the IP attaches and the 
IP Enforcement Coordinator. Subsection (g) requires an annual 
report to Congress on the progress of the IP attaches, the 
obstacles in the respective countries, and the adequacy of 
State Department resources devoted to IP issues. Subsection (h) 
provides definitions. Subsection (i) authorizes ``such sums'' 
as may be necessary of the amounts authorized under section 
101.
Section 330. Department of State Employment Composition.
    This section aims to encourage and monitor diversity 
efforts at the Department of State. Subsection (a) states that 
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. Subsection (b) 
expands the reporting requirement on State Department 
employment composition originally authorized in the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-
228) to include women, and updates the reporting requirement 
for the years 2010 and 2011. The report shall also assess the 
Department's recruitment, retention, and advancement practices; 
efforts to develop a uniform definition of diversity, and the 
existence of additional matrixes for evaluating diversity 
plans. Subsection (c) requires that the report shall be made 
available on the Department's website no later than 15 days 
after its submission to Congress.
    Subsection (d) requires the GAO, in consultation with the 
appropriate congressional committees, to conduct a review of 
the Department's employment composition, recruitment, 
advancement, and retention policies for women and minority 
groups. The committee believes that the Department needs to 
further address its composition, recruitment, advancement, and 
retention policies to ensure that it better reflects the 
diversity of the United States. As part of its review, the GAO 
should examine the successes and failures of developing and 
maintaining a diverse leadership within the Department, 
particularly at the Senior Foreign Officer levels; the effects 
of expanding the Department's secondary educational programs to 
diverse civilian populations, including the Foreign Service 
Institute; whether conducting a conference or other officially-
sanctioned event attended by civil service employees, active 
and retired Senior Foreign Service and Foreign Service 
Officers, and corporate leaders on diversity to review current 
policies and the annual demographic data on the Department's 
employment composition would benefit the objective of creating 
a more diverse Department; the status of prior recommendations 
made to the Department and Congress concerning diversity 
initiatives within the Foreign Service and Senior Foreign 
Service; the incorporation of private sector practices that 
have been successful in cultivating diverse leadership; the 
establishment and maintenance of fair promotion and leadership 
opportunities for ethnic- and gender-specific members of the 
Foreign Service at the Foreign Service Officer FS-9 class and 
above; the benefits of pre-leadership assignments of ethnic-
specific members of the Foreign Service and Senior Foreign 
Service; the existence and maintenance of fair promotion, 
assignment, and leadership opportunities for ethnic- and 
gender-specific members of the Foreign Service and Senior 
Foreign Service; the current institutional structure of the 
Office of Civil Rights of the Department, and of similar 
offices within the Department, and the ability of such offices 
to ensure effective and accountable diversity management across 
the Department; the options available for improving the 
substance or implementation of current plans and policies 
regarding diversity at the Department; and whether changes to 
the Foreign Service Exam and how the changes have affected the 
passage rate and hiring of ethnic and gender-specific 
applicants.
    Subsection (e) requires that the report include data for 
the preceding twelve months on the numbers and percentages of 
small, minority, or disadvantaged businesses contracting to the 
Department, the total number and dollar values of such 
contracts, and the percentage value of such contracts 
proportionate to the total value of all contracts held by the 
Department. Subsection (f) applies sections of section 325 of 
the act to funds authorized to be appropriated in the act.
Section 331. Contracting.
    This section requires that the Department in entering into 
any Federal contract adhere to title III of the Federal 
Property and Administrative Services Act and the Federal 
Acquisition Regulation (related to preferences for minority 
owned firms) unless such contract is otherwise authorized by 
statute to be entered into without regard to such act and 
regulation.
Section 332. Legislative Liaison Office of the Department of State.
    This section requires the Secretary to assess the 
effectiveness of the Department's liaison office currently 
operating in the House of Representatives (State is currently 
in negotiations to open a separate office in the Senate). 
Seventy percent of the office's workload is related to 
fulfilling consular affairs requests from Members of Congress. 
With current budget and staffing numbers, the committee 
believes the liaison office is unable to effectively reach out 
to Members and committees of Congress to communicate the goals 
and missions of the Department of State. The study would 
require whether current funding, staff, and office space is 
sufficient to allow the liaison office to meet its mission.
Section 333. Discrimination Related to Sexual Orientation.
    This section concerns U.S. efforts to counter the 
criminalization of homosexuality, and violence against 
homosexuals, overseas.
    Subsection (a) requires the State Department's Bureau of 
Democracy, Human Rights and Labor to designate a Bureau-based 
officer or officers to track 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 or gender identity.
    Subsection (b) directs USG employees at U.S. 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 by 
homosexual individuals or organizations, consistent with United 
States law. The committee does not intend that the U.S. 
Government advocate for reforms that are inconsistent with 
generally accepted U.S. law, such as questions relating to 
marriage. Rather, the provision is about laws relating to 
criminalization and discrimination that are already part of 
Federal or state law.
    In addition, the committee does not intend that this 
section require any Foreign Service Officer be forced to 
advocate for any reform to which he or she has a moral or 
religious objection. The committee notes that the Secretary 
should ensure that before a Foreign Service Officer bids for, 
or takes, an assignment the position for which such advocacy 
responsibilities may be required, the Foreign Service officer 
is aware of such responsibilities so that the officer can find 
another more suitable position.
    Subsection (c) amends the Foreign Assistance Act to 
include, in the State Department's ``Annual Country Reports on 
Human Rights Practices,'' a section on violence or 
discrimination that affects the fundamental freedoms of an 
individual in foreign countries, that is based on actual or 
perceived sexual orientation and gender identity.
    Subsection (d) provides training for FSOs, in courses 
covering human rights reporting and advocacy work, on 
identifying violence or discrimination that affects the 
fundamental freedoms of an individual, that is based on actual 
or perceived sexual orientation and gender identity.
Section 334. Office for Global Women's Issues.
    This section elevates the status of women's issues at the 
Department of State. Subsection (a) establishes in the Office 
of the Secretary of State an Office for Global Women's Issues, 
headed by the Ambassador-at-Large of the Office for Global 
Women's Issues, a Presidential appointee reporting to the 
Secretary. Subsection (b) specifies that the purpose of the 
Office is to coordinate U.S. efforts regarding gender 
integration and women's empowerment in U.S. foreign policy. 
Subsection (c) specifies that the Ambassador's responsibilities 
include coordinating and advising on gender integration and 
women's empowerment internationally; the implementation of 
limited related projects; the promotion of gender integration 
at the Department. Subsection (c) further specifies that the 
Ambassador shall coordinate with USAID and the MCC, and 
authorizes the Ambassador to represent the United States in 
relevant matters. Subsection (d) requires all bureaus at State 
to evaluate and monitor all women's empowerment programs, and 
report to the Office annually. Subsection (e) authorizes such 
sums as may be necessary for Fiscal Years 2010 and 2011, of the 
amount authorized under section 101, to carry out activities 
under this section.
    Currently, U.S. programming on global women's issues is 
fractured and disorganized. A 2007 report by the Congressional 
Research Service on global violence against women programs 
supported by the U.S. Government resulted in a complicated and 
intricate matrix showing that multiple agencies were working on 
violence against women issues without a common mission, agreed 
upon goals or appropriate synergies between programs. By 
coordinating the efforts of Federal departments and agencies on 
global women's issues, this Office will ensure that the United 
States speaks with a coherent and unified voice, supports 
structured initiatives and policies to address the needs of 
women around the world, and emphasizes the critical role gender 
integration must play in our future programs.
    The Office of Global Women's Issues faces many immediate 
challenges. The condition and plight of women in Iraq and 
Afghanistan will be of primary importance to the Office's 
initial work and the committee supports that effort, given the 
role of the U.S. in these conflicts and the critical need to 
build peace and security in these nations. Thousands of women 
continue to be raped in the Congo. Hundreds of thousands of 
women are on the run, recently displaced from their homes in 
Pakistan and Sri Lanka. In parts of the world, women are 
bartered and sold like property at marriage or upon the death 
of their spouses, and are killed for violating the so-called 
honor of their families. The committee believes this is a 
critical time under the leadership of the new administration, 
along with recent attention to these issues at the United 
Nations and in other fora, for the United States to play a new 
leadership role on women's issues that will have important 
impacts on peace and prosperity around the world.

                 TITLE IV--INTERNATIONAL ORGANIZATIONS

                  SUBTITLE A--INTERNATIONAL LEADERSHIP

Section 401. Short Title.
    This section provides that the short title of the act is 
the ``United States International Leadership Act of 2009.''
Section 402. Promoting Assignments to International Organizations.
    This section amends the Foreign Service Act of 1980 to 
require the Department of State to credit members of the 
Foreign Service for serving in positions whose primary purpose 
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. It also requires the Secretary to report on the 
feasibility of establishing a new cone in the Foreign Service 
that concentrates on members of the Service who serve at 
international organizations.
Section 403. Implementation and Establishment of Office on Multilateral 
        Negotiations.
    This section authorizes the Secretary of State to establish 
within the Bureau of International Organizational Affairs an 
Office on Multilateral Negotiations, headed by a Special 
Representative with the rank of Ambassador-at-Large and staffed 
by Foreign Service Officers and civil service officers skilled 
in multilateral diplomacy. The responsibility of the office is 
to improve U.S. effectiveness in multilateral negotiations.
Section 404. Synchronization of United States Contributions to 
        International Organizations.
    This section requires the President to transmit to Congress 
a plan for implementing section 404 of the Foreign Relations 
Act of 2003 relating to the resumption by the United States of 
payment of its full contributions to international 
organizations at the beginning of each calendar year.
Section 405. United States Arrearages to the United Nations.
    This section authorizes, in addition to amounts otherwise 
available for the payment of Assessed Contributions to 
International Organizations, 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

Section 411. Organization of American States.
    This section expresses the sense of the Congress that 
multilateral diplomacy in the Americas has suffered 
considerably in the past decade, to the direct detriment of the 
national interest of the United States in the region. The 
committee believes it is imperative to promote U.S. diplomatic 
efforts and reestablish the U.S.'s unique leadership voice in 
the Organization of American States (OAS), where the U.S. is a 
founding member and whose central tenets include democratic 
values we consider vital for this region. To do so, the section 
establishes a $2 million fund specifically to promote U.S. 
multilateral interests of the U.S. in the region and in the OAS 
forum for each of Fiscal Years 2010 and 2011. Activities 
supported include U.S. diplomatic, outreach and advocacy 
activities in the OAS, as well as voluntary contributions to 
entities of the OAS for programs that support the interests of 
the U.S.
Section 412. Peacekeeping Operations Contribution.
    This section amends section 404(b)(2)(B) of the Foreign 
Relations Authorization Act to lift the cap on U.S. payments to 
the U.N. for assessed dues in support of U.N. Peacekeeping 
Operations to 27.1 percent during calendar years 2009, 2010, 
and 20011.
Section 413. Pacific Islands Forum.
    This section expresses a sense of Congress that the 
Secretary of State work should with the Pacific Islands Forum 
to find appropriate affiliations for representatives of 
American Samoa, Guam and the Commonwealth of the Northern 
Mariana Islands to the Forum, an inter-governmental 
organization established in 1971 to promote regional 
cooperation among its nation-state members in Oceania and the 
Pacific Rim with regard to political and economic policies of 
mutual interest.
Section 414. Review of Activities of International Commissions.
    This section requires the Secretary of State to submit to 
the appropriate congressional committees a report on the 
activities of the International Boundary and Water Commission, 
United States and Mexico, the International Boundary 
Commission, United States and Canada, and the International 
Joint Commission. The report shall include information on 
amounts obligated and expended; a description of projects 
carried out, and a list of projects anticipated.
Section 415. Enhancing Nuclear Safeguards.
    This section authorizes $10 million for a U.S. voluntary 
contribution to the International Atomic Energy Agency (IAEA) 
for the refurbishment, improvement or replacement of the IAEA's 
Safeguards Analytical Laboratory, which is critical to the 
IAEA's international nuclear safeguards efforts to detect the 
diversion of nuclear material from peaceful to military uses in 
foreign countries. The Secretary of State is required to report 
to Congress on the refurbishment or possible replacement of the 
Laboratory.
Section 416. Implementation of Recommendations of Commission on the 
        Prevention of Weapons of Mass Destruction Proliferation and 
        Terrorism.
    This section urges the United States to implement the 
recommendations of the Report of the Commission on the 
Prevention of WMD Proliferation and Terrorism regarding 
strengthening the International Atomic Energy Agency (IAEA), 
and authorizes such sums as may be necessary for Fiscal Years 
2010 and 2011 for such activities. Specifically, that the 
United States should lead an international effort to update and 
improve IAEA capabilities, including:

         Lworking with the IAEA Director General to 
        secure the resources (funding, personnel, safeguard 
        technologies, etc.) needed to meet an increasing IAEA 
        safeguards workload (perhaps by establishing a 
        safeguards ``user fee,'' whereby countries with 
        inspected facilities would be assessed a fee to help 
        defer inspection costs);
         Lthe United States and other interested 
        parties should take additional actions to strengthen 
        the IAEA and improve its management, such as routinely 
        assessing 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 U.S. law; and what corrective 
        actions, if any, might help the IAEA to achieve its 
        inspection goals;
         Lpushing for universal adherence to the IAEA 
        Additional Protocol, possibly as a precondition of 
        civil nuclear assistance, and
         Lassist in the acquisition of vital equipment, 
        such as near-real-time surveillance cameras.

    The committee believes that the effective functioning of 
the IAEA is of critical importance to international peace and 
security and United States national security.
    The committee notes, however, that the IAEA is, however, 
hampered in accomplishing its inspections functions through 
inadequate resources, an aging laboratory, and expanding 
requirements. As the Commission on the Prevention on WMD 
Proliferation and Terrorism wrote in its ``World at Risk'' 
final report, with significant understatement: ``The IAEA now 
faces uncertainties about its long-term ability to perform its 
fundamental mission-detecting the illicit diversion of nuclear 
materials and discovering clandestine activities associated 
with weapons programs.'' This provision recognizes these 
challenges, and takes the necessary first steps to address 
them.
Section 417. Asia-Pacific Economic Cooperation.
    This section enhances U.S. participation in the Asia-
Pacific Economic Cooperation forum (APEC) and assists U.S. 
small business participation in APEC. Subsection (a) states the 
Sense of Congress on the need for this provision. Subsection 
(b) provides a definition of ``small business.'' Subsection (c) 
directs the appointment of ``APEC Coordinators'' in each U.S. 
government department and agency, who are tasked to set 
department- and agency-wide guidelines for their department's 
or agency's participation at APEC; this section also includes 
an annual reporting requirement on efforts to enhance U.S. 
Government participation at APEC. Subsection (d) directs the 
Secretary of State to appoint an existing officer in the Bureau 
of East Asian and Pacific Affairs to serve as a ``Small 
Business Liaison,'' instructs the Department to post on its 
website a page to facilitate direct communication between the 
U.S. Government and the business community, and calls on the 
Secretary to coordinate with the private sector to promote 
small business participation at APEC. Subsection (e) directs 
the Secretary to submit a report to Congress detailing the 
process of hosting the 2011 APEC meeting in the U.S.

           TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

Section 501. Authorization of Appropriations for International 
        Broadcasting.
    This section provides for the authorization of funding to 
carry out U.S. international broadcasting activities pursuant 
to the U.S. Information and Educational Exchange Act of 1948, 
the Radio Broadcasting to Cuba Act, the Television Broadcasting 
to Cuba Act, the U.S. International Broadcasting Act of 1994, 
and the Foreign Affairs Reform and Restructuring Act of 1998. 
For ``International Broadcasting Operations,'' there is 
authorized $732,187,000 for FY2010, and such sums as necessary 
for FY 2011. For ``Broadcasting Capital Improvement'' there is 
authorized $13,263,000 for FY 2010, and such sums as may be 
necessary for FY 2011.
Section 502. Personal Services Contracting Program.
    This section permits the Broadcasting Board of Governors 
(BBG) to employ up to 200 personal services contractors in the 
United States at any given time. In the 2003 Foreign Relations 
Authorization Act, Congress granted authority to the BBG to 
conduct a pilot program employing up to 60 personal services 
contractors at any time. This pilot program ends on December 
31, 2010. The BBG has used this authority to respond to needs 
for surge broadcasts in priority areas, with the most recent 
examples in the Urdu, Dari and Pashto services, and for 
Zimbabwe and Somalia.
Section 503. Radio Free Europe/Radio Liberty Pay Parity.
    This section allows parity of compensation between RFE/RL 
employees with those of the Federal service, and it brings RFE/
RL's compensation policies in line with the overall policy of 
the BBG. Currently, RFE/RL is the only broadcasting entity of 
the BBG with salaries not fully compatible with the Senior 
Executive Service pay system.
Section 504. Employment for International Broadcasting.
    This section would clarify the Broadcasting Board of 
Governors' (BBG) authority to hire a non-citizen when no 
equally or better qualified U.S. citizens are available to fill 
the post in question. The United States Information and 
Exchange Act of 1948 provides authority for the BBG to employ 
non-citizens to carry out its broadcast mission. Voice of 
America research indicates that audiences are more likely to 
tune in to programs where the vernacular language is spoken 
with native fluency, and when the program content demonstrates 
a strong understanding of current local political and 
institutional developments. In many cases, well-qualified U.S. 
citizens fulfill these requirements. In other instances, 
however, the agency will employ a non-citizen who is better 
qualified. At various times during the agency's history, first 
under the USIA and subsequently under the BBG, the intent of 
this legal section has been challenged. While the agency for 
more than 20 years has interpreted this section as providing 
flexibility to hire the best qualified applicant, others claim 
the statute requires the agency to give employment preference 
to U.S. citizens, even if a better qualified applicant, who is 
a non-citizen, is available. The section clarifies BBG 
employment authorities.
Section 505. Domestic Release of the Voice of America film Entitled ``A 
        Fateful Harvest.''
    This section would waive the Smith-Mundt domestic 
dissemination ban to make the film ``A Fateful Harvest'' 
available for public viewing in the United States. VOA's Afghan 
Service has produced a 52-minute documentary, ``A Fateful 
Harvest,'' that examines all aspects of the narcotics industry 
in Afghanistan, including poppy-growing, opium production, 
trafficking, law enforcement efforts and the health effects of 
drugs. 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. It has also 
been available on the www.voanews.com website.
Section 506. Establishing Permanent Authority for Radio Free Asia.
    This section eliminates the sunset for Radio Free Asia, 
permanently authorizing it.

                         TITLE VI--PEACE CORPS

Section 601. Findings; Statement of Policy.
    Subsection (a) contains findings which describe the 
importance of the Peace Corps and the work of its volunteers in 
impoverished countries. The findings also describe President 
Obama's commitment to strengthening Peace Corps. Subsection (b) 
describes the policy of the United States to: Double the number 
of Peace Corps volunteers and strengthen and improve the Peace 
Corps and its programs; improve the coordination of Peace Corps 
programs with the development programs of other Federal 
departments and agencies; and promote volunteerism by Americans 
in the developing world.
Section 602. Amendments to the Peace Corps Act.
    This section contains amendments to the Peace Corps Act. 
Subsection (a) amends the Peace Corps Act by authorizing the 
Director of the Peace Corps 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 be assigned to an entity identified by section 10(a)(1) of 
the act. The number of volunteers assigned to projects under 
longer term Peace Corps assignments may not be reduced, nor may 
the quality of Peace Corps projects be reduced, under this 
section, except to the extent determined necessary and 
appropriate by the Director.
    In 1996, the Peace Corps began using returned Peace Corps 
volunteers for short term assignments on specific, targeted 
projects in a limited number of countries. Initially, the 
Crisis Corps, as it was then called, responded to calls for 
humanitarian and coordination assistance following natural 
disasters. This program, now called the Peace Corps Response 
Program, was expanded in this decade to respond to requests 
from nongovernmental organizations and international 
organizations around the world. The program provides the 
assistance of experienced returned Peace Corps volunteers who 
wish to extend their service or volunteer for a short time to 
assist with community-based development and coordination. The 
committee supports these efforts.
    The Peace Corps plans to expand their corps of volunteers, 
especially experienced and mature professionals, in part by 
expanding the Peace Corps Response Program to include 
assignments for select volunteers who have not completed a 
standard 2-year term of service. The committee supports this 
plan and has thus authorized the program in this act. However, 
the committee continues its support for the traditional 
structure and format of a standard 2-year Peace Corps volunteer 
experience and implores the agency to ensure that neither the 
number or quality, nor assignments for standard Peace Corps 
volunteers are reduced or diminished as the Peace Corps is 
expanded. In fact, the committee has increased the 
authorization for 2010 beyond the President's request to 
support the expansion of the standard 2-year Peace Corps 
program, in addition to the Peace Corps Response Program and to 
assist the agency with other necessary modernization efforts.
    Subsection (b) amends the Peace Corps Act by requiring the 
Director of the Peace Corps to work with the heads of Federal 
departments and agencies that carry out development assistance 
programs to ensure coordination and avoid duplication of 
efforts of Peace Corps programs and other U.S. development 
assistance programs at the headquarters and field level. The 
committee would like to emphasize the benefits that USAID and 
other development assistance programs may gain from 
understanding the successful and innovative community-based 
programs created by resourceful Peace Corps volunteers in a 
given country. We do not suggest any merger of programs, only 
that communications relating to ongoing programs, goals and 
best practices should be used to strengthen both development 
assistance programming and the efforts of Peace Corps 
volunteers within a country.
    Subsection (c) amends the Peace Corps Act by increasing the 
readjustment allowance given to volunteers after completion of 
their service from $125 per month to $225 per month served. The 
committee observes that the stipend provided to Peace Corps 
volunteers upon their return from international service has 
increased very slowly since it was fixed at ``at least $125'' 
per month in 1981. This section increases that amount to ``at 
least $225'' per month, but the committee encourages the Peace 
Corps to increase the stipend further in the coming fiscal 
year. Currently, Peace Corps volunteers perform long 
challenging tours of service in foreign countries and get 
stipends upon their return that are less, per time of service, 
than the educational stipends given to AmeriCorps volunteers at 
the end of their service. The committee believes, at minimum, 
that the Peace Corps should seek to attain parity with the 
AmeriCorps stipend, or consider a higher stipend given the 
needs of Peace Corps volunteers to resettle and readjust to 
life in the U.S. when they return from overseas. We urge the 
agency to consider using any funds appropriate above the 
President's budget request for this purpose and also urge the 
agency to continue seeking accommodations on student loans for 
Peace Corps volunteers.
    Subsection (d) amends the Peace Corps Act by authorizing 
new funding levels for the Peace Corps. The funding levels 
would be as follows: $450,000,000 for FY 2010 and such sums as 
may be necessary for FY 2011. They President requested 
$373,000,000 for FY 2010 but the committee has authorized 
amounts well above that figure to support and encourage the 
dramatic expansion of Peace Corps volunteers and programming 
that the President has envisioned. In particular, the committee 
supports an enhanced readjustment stipend, increased numbers of 
Peace Corps volunteers, program expansion into new countries, 
as appropriate, and administrative and managerial enhancements, 
as needed.
Section 603. Report.
    This section requires a report to Congress. Subsection (a) 
of this section requires the Director of the Peace Corps submit 
a report to the appropriate congressional committees not later 
than 1 year after the date of enactment on the Peace Corps 
Response Program authorized in section 602 of the act, 
identifying past achievements and challenges, and future goals, 
objectives and growth plans for the program. Subsection (b) 
requires an annual report by the Director of the Peace Corps on 
progress made in carrying out this Title, including efforts to 
increase coordination between the Peace Corps and other Federal 
departments and agencies carrying out development assistance 
programs.

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

    This Title authorizes the establishment of the Senator Paul 
Simon Study Abroad Foundation. The Foundation would be 
authorized to be established as a new executive branch 
Corporation operated by a Board of Directors, chaired by the 
Secretary of State and managed by a Chief Executive Officer 
selected by the Board. The Foundation would be authorized to 
raise funds and operate a program to award grants to: United 
States students for study abroad; nongovernmental institutions 
that provide and promote study abroad opportunities for United 
States students in consortium with institutions of higher 
education; and institutions of higher education.
Section 701. Short Title.
    This section provides that the short title of the act is 
the ``Senator Paul Simon Study Abroad Foundation Act of 2009.''
Section 702. Findings.
    This section contains a number of findings that highlight 
the need to expand foreign study by U.S. students to equip the 
U.S. economy and U.S. foreign policy agencies to thrive in an 
increasingly global economy. The findings highlight the work of 
the congressionally-chartered Commission on the Abraham Lincoln 
Study Abroad Fellowship Program which reported to Congress and 
the President on their determination that ``study 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.'' The findings 
also document a U.S. deficit in cultural knowledge wherein any 
given year, only approximately 1 percent of all students 
enrolled in United States institutions of higher education 
study abroad. The findings also cite the Final Report of the 
National Commission on Terrorist Attacks Upon the United States 
(The 9/11 Commission Report) which recommended that the United 
States increase support for ``scholarship, exchange, and 
library programs'' and the 9/11 Public Discourse Project, 
successor to the 9/11 Commission, which noted in its November 
14, 2005, status report that this recommendation was 
``unfulfilled,'' and stated that ``The U.S. should increase 
support for scholarship and exchange programs, our most 
powerful tool to shape attitudes over the course of a 
generation.''
Section 703. Purposes.
    This section specifies the purpose of the act as follows: 
To significantly enhance the global competitiveness and 
international knowledge base of the United States by ensuring 
that more United States students have the opportunity to 
acquire foreign language skills and international knowledge 
through significantly enhanced study abroad; 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; 
to ensure that an increasing portion of study abroad will take 
place in non-traditional study abroad destinations; and to 
create greater cultural understanding of the United States by 
exposing foreign students and their families to U.S. students 
in non-traditional host countries.
Section 704. Definitions.
    Section 704 provides definitions for terms used in the text 
of the act.
Section 705. Establishment and Management of the Senator Paul Simon 
        Study Abroad Foundation.
    Subsection (a) provides for the establishment within the 
executive branch of a corporation, the ``Senator Paul Simon 
Study Abroad Foundation,'' and provides that the Foundation 
shall be governed by a Board of Directors, chaired by the 
Secretary of State. It provides that the Foundation shall be a 
government corporation as defined in section 103 of title 5, 
United States Code. Subsection (a) also expresses the intent of 
Congress that the structure designed by this section will 
create an entity that will administer a study abroad program 
that serves the long-term foreign policy and national security 
needs of the United States while operating independently of 
short-term political and foreign policy considerations.
    Subsection (b) provides that the mandate of the Foundation 
in administering the study abroad program shall be to advance 
the objectives and purposes of the act through responsive, 
flexible grant-making that will promote access to study abroad 
opportunities by United States students at diverse institutions 
of higher education, including 2-year institutions, minority-
serving institutions, and institutions that serve non-
traditional students. The Foundation's grant-making will also 
be designed to promote access to study abroad opportunities by 
diverse United States students, including minority students, 
students of limited financial means, and non-traditional 
students. Additionally, the Foundation will be permitted to 
raise funds from the private sector to supplement funds made 
available by the act, and will be committed to minimizing 
administrative costs and to maximizing the availability of 
funds under this act.
    Subsection (c) provides that there shall be in the 
Foundation a Chief Executive Officer who shall be responsible 
for its management and for the appointment of all of its 
officers. The Chief Executive Officer shall be appointed by the 
Foundation's Board of Directors and shall be a leader in higher 
education, business, or foreign policy, chosen on the basis of 
a rigorous search. The Chief Executive Officer shall report to 
and be under the direct authority of the Board. This Officer 
shall be compensated at the rate provided for level IV of the 
Executive Schedule under section 5315 of title 5, United States 
Code.
    Subsection (d) provides that the Foundation be governed by 
a Board of Directors chaired by the Secretary of State (or the 
Secretary's designee), which will be subject to meet at the 
call of the chairperson. The membership of the Board also 
includes 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 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). This subsection also specifies that these five 
individuals shall be appointed by the President, by and with 
the advice and consent of the Senate. It further specifies that 
of the five, one individual shall be appointed from among a 
list of individuals submitted by the Speaker of the House of 
Representatives; one individual shall be appointed from among a 
list of individuals submitted by the minority leader of the 
House of Representatives; one individual shall be appointed 
from among a list of individuals submitted by the majority 
leader of the Senate; and one individual shall be appointed 
from among a list of individuals submitted by the minority 
leader of the Senate. This subsection also specifies that the 
Chief Executive Officer of the Foundation shall serve as a non-
voting, ex-officio member of the Board.
    This subsection also provides that the terms of office for 
the Secretary of State, the Secretary of Education, the 
Secretary of Defense and the Administrator of the United States 
Agency for International Development shall be concurrent with 
their term of Federal service. This subsection specifies that 
for the other five members of the Board, the term of 
appointment is 3 years, with the possibility of being 
reappointed for an additional 3 years. This subsection 
specifies that vacancies in the Board be filled in the manner 
in which the original appointment was made. This subsection 
specifies that a majority of the members of the board shall 
constitute a quorum except during the 135-day period beginning 
on the date of enactment of the act, during which any quorum 
must include at least one of the five individuals appointed by 
the President.
    This subsection specifies that the Secretary of State, the 
Secretary of Education, the Secretary of Defense, and the 
Administrator of the United States Agency for International 
Development will not receive additional pay, allowances, or 
benefits by reason of their service on the Board. The other 
five members of the Board, appointed by the President shall 
receive travel expenses, including per diem in lieu of 
subsistence, in accordance with applicable sections under 
subchapter I of chapter 57 of title 5, United States Code. This 
subsection specifies however, that these members may not be 
paid such compensation for more than 90 days in any calendar 
year.
    The committee expects the President to act promptly in 
nominating qualified appointees, including those selected from 
lists provided by Congressional leaders, to the Board. The 
success of the Foundation in reaching the goals of the act will 
depend significantly upon the expertise of the Board members 
and the direction and support they provide to the Chief 
Executive Officer and the Foundation.
Section 706. Establishment and Operation of Program.
    This section outlines operations of the program. Subsection 
(a) establishes a program, administered by the Foundation to 
award grants to: United States students for study abroad; 
nongovernmental institutions that provide and promote study 
abroad opportunities for United States students, in consortium 
with institutions of higher education; and institutions of 
higher education. Subsection (b) specifies that the objectives 
of the program are that within 10 years of the date of 
enactment of the act not less than one million undergraduate 
U.S. students will study abroad annually for credit; 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 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. Subsection (c) 
further specifies that in administering the program, the 
Foundation shall 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)). As such, grants awarded under the 
program shall be structured to the maximum extent possible to 
promote appropriate reforms of higher education in order to 
remove barriers to participation by students who seek to study 
abroad. Subsection (d) provides that the Foundation seek an 
appropriate balance between longer-term study abroad programs, 
which maximize foreign-language learning and intercultural 
understanding, and shorter-term study abroad programs, which 
maximize the accessibility of study abroad to non-traditional 
students.
    The committee expects that the Foundation, in designing its 
program of grant-making, will closely adhere to the six 
recommendations of the Commission on the Abraham Lincoln Study 
Abroad Fellowship Program as specified on pages 25-34 of its 
Report of November 2005, ``Global Competence and National 
Needs: One Million Students Studying Abroad,'' which was 
submitted to the White House and to Congress. In particular, 
the committee believes that if the Foundation is to reach the 
goals specified by the legislation, it will be critical that 
grant-making to institutions by the Foundation be used 
strategically to leverage increased enrollment targets by these 
institutions for their study abroad programs and by encouraging 
them, where feasible, to establish as a degree requirement 
participation in study abroad programs. The committee also 
believes strongly that the Foundation, in designing its grant-
making program, must focus on the goal of diversifying 
students, institutions, and destinations. As such, the 
committee expects the Foundation to direct grant-making in a 
way to encourage more participation in study by under-
represented groups which include: Racial/ethnic minorities; 
males; students majoring in science, engineering, and related 
disciplines; students attending 2-year colleges; and students 
with disabilities.
    The committee also expects that Foundation grant-making 
resources will be directed at supporting study in areas other 
than Western Europe. The Foundation should also seek to ensure 
that large research universities and select small liberal arts 
colleges do not capture a disproportionate share of its grant-
making resources, and that instead, a large share of such 
resources are directed at encouraging study abroad by students 
attending institutions where study abroad is not currently a 
routine practice. The committee also believes that wise 
stewardship of Foundation resources requires that grant awards 
be based on financial need.
    The committee further expects that the vast majority of the 
Foundation's budget will be directed to students, not to 
administrative overhead. The committee is in agreement with the 
benchmark set in the Report of the Lincoln Commission, which 
specifies that not less than 88 percent of the Foundation's 
funds be provided to students either through individual or 
institutional grants and that not less than 75 percent of the 
funds must flow through institutional grants, rather than 
individual scholarship grants, in order to address non-
financial barriers to study abroad at the campus level and 
leverage greater participation in study abroad. The committee 
understands that a significant portion of the Foundation's 
resources will be needed to finance a national competition of 
individual scholarships, in order to give every undergraduate 
in the United States the opportunity to apply for a grant, 
regardless of institutional affiliation.
    The committee also strongly believes that the quality of 
the students' academic experiences is important to the overall 
success of the program. Students should receive grants only for 
study abroad programs that carry academic credit toward 
graduation.
Section 707. Annual Report.
    This section mandates that not later than March 31, 2011, 
and each March 31 thereafter, the Foundation shall submit to 
the appropriate congressional committees a report on the 
implementation of the act during the prior fiscal year. 
Subsection (b) provides that the report include: The total 
financial resources available to the Foundation during the 
year, including appropriated funds, and the value and source of 
any gifts or donations accepted; a description of the Board's 
policy priorities for the year and the bases upon which 
competitive grant proposals were solicited and awarded to 
institutions of higher education, nongovernmental institutions, 
and consortiums; a list of grants made to institutions of 
higher education, nongovernmental institutions, and consortiums 
and that includes the identity of the institutional recipient, 
the dollar amount, and the estimated number of study abroad 
opportunities provided to United States students by each grant; 
a description of the bases upon which the Foundation made 
grants directly to United States students; the number and total 
dollar amount of grants made directly to United States students 
by the Foundation; and the total administrative and operating 
expenses of the Foundation for the year.
Section 708. Powers of the Foundation; Related Provisions.
    This section specifies that the powers of the Foundation 
shall include: Perpetual succession unless dissolved by a law 
enacted after the date of enactment of the act; use of a seal 
that will be judicially noticed; the ability to make and 
perform 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; 
the ability to determine and prescribe the manner in which its 
obligations shall be incurred and its expenses allowed and 
paid, including expenses for representation; the ability to 
lease, purchase or otherwise acquire, improve, and use such 
real property wherever situation, as may be necessary for 
carrying out the functions of the Foundation; the right to 
accept cash gifts or donations of property (real, personal, or 
mixed), tangible or intangible, for the purposes of carrying 
out the sections of this act; the right to use the U.S. mails 
in the same manner and on the same conditions as the executive 
departments; the right to contract with individuals for 
personal services, who shall not be considered Federal 
employees for a section of law administered by the Office of 
Personnel Management; the ability to hire or obtain passenger 
motor vehicles; and other unspecified powers as may be 
necessary and incident to carrying out the act. Subsection (b) 
provides that the foundation shall maintain its principal 
office in the metropolitan area of Washington, District of 
Columbia. Subsection (c) provides that the Foundation is 
subject to the Government Corporation Control Act. Finally, 
subsection (d) provides that the Inspector General (IG) of the 
Department of State will serve as the Inspector General of the 
Foundation. The reporting requirements of section 7 are 
intended to provide information that, in addition to helping 
the Congress to exercise responsible oversight, will assist the 
State IG in conducting the ``reviews, investigations, and 
inspections of all actions of the operations and activities of 
the Foundation,'' as outlined in this section.
Section 709. General Personnel Authorities.
    This section provides that 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. The section provides these individuals with reemployment 
rights. The section also provides hiring authority specifying 
that of persons employed by the Foundation, not to exceed 20 
persons may be appointed, compensated, or removed without 
regard to civil service laws and regulations. The section also 
provides that the Chief Executive Officer may fix the basic 
rate of pay of employees of the Foundation, 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.
Section 710. GAO Review.
    Subsection (a) requires that not later than 2 years after 
the date of enactment of this act, the Comptroller General of 
the United States commence a review of the operations of the 
Foundation. Subsection (b) defines categories for the 
Comptroller to analyze. Subsection (c) requires the Comptroller 
General to submit a report on the results of the review to the 
Secretary of State and the appropriate congressional 
committees.
Section 711. Authorization of Appropriations.
    This section specifies that there are authorized to be 
appropriated to carry out the act, $40,000,000 for Fiscal Year 
2010 and $80,000,000 for Fiscal Year 2011. The committee 
intends that this amount should be in addition to any amounts 
otherwise authorized or made available for other exchange 
programs, including the J. William Fulbright Educational 
Exchange Program and the Benjamin A. Gilman International 
Scholarship Program, administered by the Department of State's 
Bureau of Educational and Cultural Affairs.

       TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

 SUBTITLE A--DEFENSE TRADE CONTROLS PERFORMANCE IMPROVEMENT ACT OF 2009

Section 801. Short Title.
    This section designates this subtitle the, ``Defense Trade 
Controls Performance Improvement Act of 2009.'' This 
legislation was originally introduced by Congressman Brad 
Sherman (D-CA) and Congressman Donald A. Manzullo as H.R. 4246 
in the 110th Congress. On May 15, 2008, this legislation passed 
the House, as incorporated in the Security Assistance and Arms 
Export Control Reform Act of 2008, H.R. 5916.
Section 802. Findings.
    This section details past performance problems and staffing 
shortfalls at the Directorate of Defense Trade Controls (DDTC), 
the State Department agency responsible for adjudicating 
licenses for commercial arms sales; notes the importance of 
this function to national security; describes the growth in the 
volume and complexity of licensing applications; notes with 
concern the increased tendency towards off-shoring and 
outsourcing in the defense industry; and notes the need to 
update export control policies to address these trends.
Section 803. Strategic Review and Assessment of the United States 
        Export Controls System.
    This section 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 
the current export control regime, and make improvements where 
necessary. The review would also seek to identify ways to make 
the system more efficient and seek to improve coordination 
across government agencies responsible for export controls and 
enforcement. The President will be required to review known 
attempts to circumvent export controls with a view to improving 
enforcement. The review will also examine offshoring and 
outsourcing in the defense industry as well as the policy of 
U.S. trade partners to require ``offsets'' for arms sales. The 
section requires that the President report on the results of 
the review.
    The committee requires this review in response to the 
January 2007 decision by the GAO to designate the protection of 
high technology critical to U.S. national security as a ``high 
risk'' area. GAO found that export control policies and 
procedures were in need of assessment for both effectiveness 
and efficiency. Given the changing nature of the security 
threats facing the United States from terrorism and nuclear 
proliferation, rapid advances in defense technology, the 
continued efforts by state and non-state actors to defeat U.S. 
export controls, and an increased willingness in both 
government and the private sector to procure defense-related 
production from overseas, the committee believes that a high-
level government-wide review of arms export control and 
enforcement policies is necessary.
    GAO also found that coordination between the various 
agencies involved in export control and enforcement policies is 
lacking. Therefore, the strategic review should focus on ways 
that interagency cooperation and coordination can be improved. 
This is a government-wide review, and should not be limited to 
the DDTC's policies and procedures.
    The review should thoroughly examine all known attempts--
successful and unsuccessful--to circumvent U.S. export controls 
and enforcement mechanisms. The United States, as the leader in 
defense technology development and defense production, is a 
target for criminal proliferation rings and foreign security 
and intelligence agencies. The damage done when a group or 
State agent is able to circumvent export controls is not 
limited to the potential use of U.S. hardware by an adversary. 
Ineffective export controls and enforcement policies can 
seriously erode U.S. supremacy in critical military 
technologies and lead to the development of technology that can 
defeat U.S. defense systems.
    In conducting this review, the administration should also 
devote significant attention to how export control policy 
facilitates the movement of technology and defense production 
overseas, and the national security implications of off-shoring 
and outsourcing in defense production. Defense cooperation with 
allies is essential; however, the committee is concerned that 
the defense industrial base has been harmed by the trend to 
offshore more and more defense production, and that the spread 
of defense technology and production capacity to foreign 
countries, especially those with inadequate export controls, 
may harm American security. Protecting the defense industrial 
base and American technological supremacy need to be top 
priorities for arms export control policy.
    Section 703 requires that the administration periodically 
brief relevant Congressional committees on the progress of the 
review. This requirement is included to ensure Congressional 
oversight over the conduct of the strategic review while it is 
ongoing and to help ensure that the final product is fully 
responsive to Congressional concerns.
Section 804. Performance Goals for Processing of Applications for 
        Licenses to Export Items on United States Munitions List.
    This section sets a goal of 60 days for the DDTC to process 
licenses to export defense hardware to U.S. friends and allies, 
and sets a goal of 30 days for applications to export defense 
hardware to NATO and major non-NATO allies. This section also: 
Sets a goal of seven days in cases where the hardware is to be 
supplied to an ally operating with the United States in a 
combat, peacekeeping or humanitarian deployment, and requires 
that applications which have not been processed within 60 days 
be reviewed by the top political or civil servants at the DDTC; 
applications older than 90 days would require review by the 
relevant Assistant Secretary; and requires reporting on the 
average processing times for various categories of license. 
This provision also sets a goal for processing commodity 
jurisdiction (CJ) requests in 60 days, and requires increased 
transparency of those decisions (exporters seek CJs to 
determine if an item is on the U.S. Munitions List and thus 
subject to State Department licensing requirements).
    Section 804 essentially codifies Presidential Directives 
issued in January 2008 that set a ``soft'' deadline of 60 days 
for the processing of applications for licenses to export items 
on the U.S. Munitions List (USML). Nothing in this section or 
in the presidential directives requires that a decision on any 
specific application be made within 60 days. The committee 
recognizes that additional time may be needed to review an 
application to ensure that the export is consistent with U.S. 
national security. The presidential directives identify five 
factors that would require more than 60 days to adjudicate a 
license application. Section 804 does not alter that aspect of 
State Department policy.
    Nevertheless, U.S. exporters should have reasonable 
assurance that their licenses will be adjudicated in a fairly 
predictable timeframe. Unnecessary delays in adjudication can 
cause U.S. suppliers to be viewed as unreliable, and U.S. firms 
are made less competitive. Defense trade business may 
increasingly go to foreign competitors if there are long delays 
in licensing decisions. In late 2006, the DDTC was found to 
have a backlog of some 10,000 open applications. As a result, 
applications were left to languish, sometimes for months. While 
the current management of DDTC has eliminated a number of the 
factors that led to that backlog and the resulting processing 
delays, the committee believes that codified goals for 
processing times are essential to ensure predictability for 
U.S. exporters, and for internal resource planning at the DDTC. 
Section 804 also requires that DDTC management brief relevant 
congressional committees on the steps they will implement to 
address any significant backlog that arises in the future to 
ensure that growing backlogs and proposed remedial measures 
come to the attention of Congress in a timely fashion.
    The goals for license processing times contained in section 
804 do not cover Manufacturing License Agreements under Part 
124 of the International Traffic in Arms Regulations (ITAR) for 
defense services. These include technical assistance agreements 
and manufacturing agreements, which are needed to convey 
technical know-how and permission to produce USML items 
overseas. These agreements are often of greater complexity and 
have potentially greater impacts on national security, 
including by weakening the defense industrial base. As noted, 
the committee is concerned about the increased tendency to 
offshore production of defense items. DDTC should place the 
highest priority on processing license applications and 
agreements that provide for the export of U.S. hardware to 
allies, and should generally give Manufacturing Licensing 
Agreements a significantly higher level of scrutiny. 
Furthermore, consistent with U.S. national security, licensing 
resources should be allocated first and foremost to ensuring 
that the processing goals of section 704 are generally being 
met.
    Section 804 includes a requirement that the managing 
director of the DDTC review a small percentage of the 
applications received by the agency to ensure that the 
decisions in those cases were consistent with applicable 
statute, regulations and DDTC policies. This requirement will 
serve to ensure that senior management determine whether the 
decisions of licensing officers are being made consistent with 
U.S. export control policy and practice. It will also allow for 
the identification and rectification of common mistakes, and to 
ensure that the ``return-without-action'' device is not used 
excessively to clear or effectively restart the clock on 
difficult cases.
    Section 804 also requires that the Secretary submit annual 
reports to Congress no later than December 31, 2011, and 
December 31, 2012, on average processing times for various 
categories of licenses across different categories of allied or 
friendly country, and any management decisions taken to address 
trends in the data. This reporting requirement responds to GAO 
criticism of DDTC for not seeking to analyze trends in 
licensing data when setting policies and allocating the 
resources of the agency.
    Section 804 requires the Secretary to make the results of 
commodity jurisdiction (CJ) decisions public via the internet. 
This requirement responds to concerns raised by U.S. 
manufacturers and NGOs that the lack of transparency in the CJ 
process has led to a lack of consistency in CJ decisions, is 
unfair to some exporters, and does not provide for meaningful 
criticism of CJ decisions, which are essentially secret. This 
section is tailored to ensure that only the minimum amount of 
information necessary to provide meaningful disclosure is 
released; to the greatest extent possible, the proprietary 
information of the CJ applicant is protected.
Section 805. Requirement to Ensure Adequate Staff and Resources for the 
        Directorate of Defense Trade Controls of the Department of 
        State.
    This section requires that the Secretary ensure adequate 
staffing of the DDTC and mandates that there be one licensing 
officer on staff for every 1,250 applications that the agency 
is estimated to receive in a given year. DDTC currently has 
only roughly 40 licensing officers to process approximately 
85,000 applications per year.
    The committee believes that many of the past performance 
problems at DDTC relate to understaffing. As noted, while the 
licensing caseload has increased significantly, the number of 
licensing personnel at DDTC has not. The requirement that DDTC 
have at least one licensing officer for every 1,250 
applications expected for a given fiscal year does not place a 
limit on the number of cases any one licensing officer may 
handle in a given year. Not all applications require the same 
level of staff attention, and officers who handle relatively 
uncomplicated applications will presumably handle more than 
those handling more complicated cases.
    The State Department will have until the third quarter of 
2011 to comply with this increased staffing requirement to 
allow for recruitment and training of additional licensing 
officers. Rather than prescribe a specific number of officers, 
the committee decided to mandate a staff-to-application ratio 
to ensure that staffing increases are made if applications 
continue to increase over successive years.
    This section's staffing mandates are necessary not only to 
provide for the efficiency of the agency, but to ensure its 
national security function is met. Applications are not only 
increasing in number, they are becoming more complicated. 
Leaving aside efficiency and processing speed, a staffing 
increase is necessary to ensure that DDTC's licensing decisions 
are consistent with American national security and foreign 
policy goals.
    Section 805 requires that the Secretary maintain staffing 
levels in other areas of DDTC responsibility, including 
especially policy and enforcement. In order to meet the 
mandates of section 805, the DDTC has to hire more people and 
sustain adequate staff in all of its functions throughout any 
given year. The requirement for licensing officers should not 
be met by merely pulling personnel off other functions and 
making them licensing officers. Nor should DDTC use temporary 
assignments or other schemes to merely move personnel around 
the DDTC to fulfill the licensing officer mandate.
Section 806. Audit by Inspector General of the Department of State.
    This section requires that the Department of State's IG 
conduct audits in 2011 and 2012 to determine whether DDTC is 
meeting the goals set out in sections 804 and 805.
Section 807. Increased Flexibility for Use of Defense Trade Controls 
        Registration Fees.
    This section provides DDTC with the ability to use the fees 
that it collects from arms manufacturers and exporters for all 
expenses associated with the agency.
    It is the expectation of the committee, that after a 
funding structure is well established and secure in support of 
licensing operations, DDTC should move forward on improvements 
in caseload management and electronic licensing.
Section 808. Review of International Traffic In Arms Regulations and 
        United States Munitions List.
    This section requires that the Secretary review not less 
than 20 percent of the USML every calendar year, with input 
from U.S. defense manufacturers, NGOs, labor and small 
business, to determine if controls on various items should be 
relaxed or strengthened.
    This section will ensure that the entire USML is reviewed 
every 5 years.
    Section 808 provides that the USML and the wider ITAR 
should be reviewed in their entirety every 5 years to ensure 
that export controls keep up with advances in defense 
technology. The Commerce Department generally conducts a 
similar 5-year review of its Control List. The committee 
believes that the 20-percent-per-year review requirement should 
be a floor--not a ceiling--for the administration. The 
Secretary also should not wait to place a section of the USML 
under review where technological advances warrant an immediate 
review simply because it is not yet that section's ``turn'' in 
the 5 year rotation. The Secretary should strive to increase 
specificity, where appropriate, as to what the USML does and 
does not apply.
    The Secretary should ensure that a broad cross-section of 
the defense industry is represented in the conduct of the 
review, including small- and medium-sized domestic enterprises 
that serve as suppliers for the large defense companies. The 
committee believes that it is critical to include labor and 
arms control groups in these consultations in order to ensure a 
balanced review. The committee further recommends consulting 
with U.S. partners and allies to benefit from their licensing 
experiences with their military and industry.
Section 809. Special Licensing Authorization for Certain Exports to 
        NATO Member States, Australia, Japan, New Zealand, Israel, and 
        South Korea.
    This section provides for a special, 5-year blanket license 
for the export of spare parts and components for specific USML 
items previously exported to U.S. allies. The previously-
exported equipment would have to be in inventory of a security 
agency of a close U.S. ally and the spare parts and components 
would be limited to relatively non-sensitive items (meaning, no 
Significant Military Equipment). The spare parts and components 
would have to be made in the U.S. in order to qualify for 
licensing under this special type of license.
    Exporters have expressed concern about the need to obtain 
multiple licenses for spare parts and components for defense 
systems that have been previously exported. Section 809 
provides for a special licensing procedure for spare parts and 
components that meet the criteria set out in the section. The 
special licensing authorization provided for by this section is 
in effect a blanket license for the export of multiple spare 
parts and components for defense items in the inventory of an 
allied country. Section 809 sets out a number of limitations 
and conditions on the use of this special license, including: 
The spare parts and components must be shipped to and used by a 
security agency of the allied country for an item in its 
inventory; they may not be used to enhance the performance of 
the previously exported defense items; and the freight 
forwarder utilized for shipment must be the one designated by 
the recipient country for the Foreign Military Sales program. 
These conditions are designed to ensure maximum security 
against misuse and diversion.
    The licensing procedure provided for by section 809 does 
not replace, amend or eliminate any other license or exemption 
provided for by current law or regulations, including the 
exemption for the temporary import and subsequent export of 
defense items serviced or repaired in the United States 
provided for in section 123.4 of the ITAR.
    The section is limited to parts and components with a high 
U.S. content that have been manufactured in the United States. 
A part or component must include 85 percent American content on 
a total content basis--inclusive of all costs, including raw 
materials, but exclusive of costs associated with research and 
development, intellectual property and legal services. Eighty-
five percent of the costs associated with the manufacturing of 
a spare part or component must also be attributable to work 
done in the United States in order for a part or component to 
qualify for licensing under this section. The requirement that 
the last substantial modification be done in the United States 
is designed to exclude from this licensing procedure any part 
or component that has its final assembly is done abroad.
    The requirement that any foreign content value be 
calculated based on the final price or final cost paid of the 
foreign item or service precludes an applicant from calculating 
foreign content using a price paid for that foreign content by 
an agent or middleman that is not reflective of the actual, 
final cost to the applicant. Foreign content, if any, is 
limited to content from countries that are eligible to receive 
exports of USML items, save for de minimis amounts. The 
committee appreciates that it may be impossible for an 
applicant to trace the origin of every screw, washer and nut. 
However, all significant parts and processing that go into the 
product must be of U.S. or eligible foreign origin.
Section 810. Availability of Information on the Status of License 
        Applications Under Chapter 3 of the Arms Export Control Act.
    This section requires that information on the status of 
applications be made available electronically to the applicant 
and relevant Congressional committees.
Section 811. Sense of Congress.
    The Defense Trade Advisory Group is an advisory committee 
that consults with the State Department on export control 
issues. This section calls on the State Department to make its 
membership more diverse by including labor, NGOs, and 
academics, in addition to the defense industry itself. The 
committee also recommends that the State Department, from time 
to time, consult with relevant government and industry 
representatives from major, foreign allies and trade partners 
for their perspectives.
Section 812. Definitions.
    This section provides various definitions that are 
necessary for the act.
Section 813. Authorization of Appropriations.
    This section provides a ``such sums'' authorization for 
Fiscal Years 2010 and 2011.

           SUBTITLE B--PROVISIONS RELATING TO EXPORT LICENSES

Section 821. Availability to Congress of Presidential Directives 
        Regarding United States Arms Export Policies, Practices, and 
        Regulations.
    This section requires the President to make all 
Presidential directives regarding U.S. export policies 
available to the Foreign Affairs Committee of the House of 
Representatives, and to the Foreign Relations Committee of the 
Senate, the committees of jurisdiction over arms exports.
Section 822. Increase in Value of Defense Articles and Services for 
        Congressional Review and Expediting Congressional Review for 
        Israel.
    This section increases the value thresholds for 
Congressional 15/30-day review periods of Foreign Military 
Sales (FMS) and commercial arms sales between $50 to $100 
million for various categories, and increases the threshold for 
notification of arms sales to Congress for all countries to 
account for inflation since the lower level was set in the 
1980s. However, it retains the general statutory threshold 
levels for notification of the export to Congress. The result 
is that the committees will still see and evaluate arms exports 
to all parties at existing levels, thereby ensuring that 
Congressional oversight is retained, but for proposed sales 
below the new review thresholds export licenses can be awarded 
2 to 4 weeks earlier. Congressional oversight for national 
security is preserved, but defense exporters are able to be 
more competitive.
Section 823. Diplomatic Efforts to Strengthen National and 
        International Arms Export Controls.
    This section states 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 such arms 
export controls are comparable to, and supportive of, United 
States arms export controls, particularly with respect to 
countries of concern to the United States. This section 
requires an annual report on such efforts for 5 years.
Section 824. Reporting Requirement for Unlicensed Exports.
    This section adds a requirement to report on exempted 
commercial arms sales to an existing annual report.
Section 825. Report on Value of Major Defense Equipment and Defense 
        Articles Exported Under Section 38 of the Arms Export Control 
        Act.
    This section requires an annual listing of the value of 
actual arms deliveries by country as part of the annual 
Congressional Budget Justification to improve the transparency 
of the U.S. arms export process and facilitate Congressional 
oversight.
Section 826. Authority to Remove Satellites and Related Components From 
        the United States Munitions List.
    This section grants the President the flexibility to 
transfer commercial satellite and satellite components from the 
U.S. Munitions List--where the National Defense Authorization 
Act of 1998 (P.L. 105-261) transferred them in the wake of the 
Cox Commission report--to the Commerce Control List, with the 
caveat that the removal of any such item must first be cleared 
by the Committees on Foreign Affairs of the House and Foreign 
Relations of the Senate under reprogramming/hold procedures.
    The committee expects that, within 180 days of enactment of 
this act, the Secretary, in consultation with other appropriate 
government officials, will submit to the House Foreign Affairs 
Committee and Senate Foreign Relations Committee a proposal 
detailing which items and technology related to commercial 
satellites shall be removed from the United States Munitions 
List, along with a detailed justification. Such proposal may 
serve as notice of a decision to remove certain items from the 
United States Munitions List pursuant to section 38(f)(1) of 
the act (22 USC 2778(f)(1)).
    It is the committee's expectation that, with the exception 
of those technologies deemed most militarily sensitive, most 
satellites and related components will be transferred to the 
licensing jurisdiction of the Commerce Control List, after a 
thorough consultation with the House Committee on Foreign 
Affairs and the Senate Committee on Foreign Relations pursuant 
to the procedures of section 38(f) of the Arms Export Control 
Act.
    In light of its ongoing concerns with regard to transfers 
of sensitive satellite-related technologies to the People's 
Republic of China, the committee notes that the authority of 
subsection (a) is not intended to supersede existing 
restrictions concerning satellite exports to or launches from 
the People's Republic of China, as enumerated in P.L. 101-246, 
P.L. 105-261, and P.L. 106-65. With subsection (b), the 
committee seeks to make clear its view that, as has been the 
case for more than a decade, no sensitive satellite-related 
technologies or components should be approved for export to 
China. However, subsection (b) should not be misinterpreted as 
a means to retain all satellites and related components on the 
USML.
Section 827. Review and Report of Investigations of Violations of 
        Section 3 of the Arms Export Control Act.
    This section requires the Department of State Inspector 
General to annually review for each of the Fiscal Years 2010 
through 2014 the process of reviewing and reporting to Congress 
any misuse of U.S.-provided defense items, and to report the 
findings to the Committee on Foreign Affairs of the House, and 
the Committee on Foreign Relations of the Senate. The State 
Department failed spectacularly in one important case 3 years 
ago, and the subsequent IG investigation requested by the 
committee found rampant ignorance and incompetence in the 
violations review process. The Department of State promised 
improvements, but has recently failed again in a significant 
case. This section will help ensure that a rigorous and timely 
process will be instituted and followed consistently.
Section 828. Report on Self-Financing Options for Export Licensing 
        Functions of DDTC of the Department of State.
    This section requires the Secretary of State to submit a 
report on possible mechanisms for complete self-financing of 
the export licensing functions of the Department of State.
Section 829. Clarification of Certification Requirement Relating to 
        Israel's Qualitative Military Edge.
    This section requires that the required certification to 
accompany all U.S. arms sales to Middle Eastern countries other 
than Israel--that such sale does not constitute a threat to 
Israel's ``Qualitative Military Edge''--be unclassified, as was 
originally intended.
Section 830. Expediting Congressional Defense Export Review Period for 
        Israel.
    This section grants Israel the same 15-day Congressional 
Review period of proposed arms sales that applies to NATO 
countries, Australia, New Zealand, South Korea, and Japan.
Section 831. Updating and Conforming Penalties for Violations of 
        Sections 38 and 39 of the Arms Export Control Act.
    This section updates the penalties in the Arms Export 
Control Act for violations in the export of U.S. arms to 
conform to the increased penalties enacted in the 110th 
Congress amending the International Emergency Economic Powers 
Act (IEEPA), which sets penalties for the illegal export of 
dual-use commodities and violations of country embargoes.

                  SUBTITLE C--MISCELLANEOUS PROVISIONS

Section 841. Authority to Build the Capacity of Foreign Military 
        Forces.
    This section grants the Secretary of State equip-and-train 
authority to respond to contingencies in foreign countries or 
regions with training, procurement and capacity-building of a 
foreign country's national military forces. It authorizes up to 
$25,000,000 in new funds and $25,000,000 in FMF funds for each 
of the Fiscal Years 2010 and 2011.
    This authority is necessary for the Department of State to 
start stepping up to the responsibility to provide assistance 
to train and equip foreign military forces to support U.S. 
security operations and to better engage in counter-terror 
operations.
Section 842. Foreign Military Sales Stockpile Fund.
    This section responds to a Department of Defense (DoD) 
request to update the moribund ``Special Defense Acquisition 
Fund'' in section 51 of the AECA by adding ``building partner 
capacity'' as a purpose of the Fund, allowing proceeds from the 
lease of defense items under section 61 of the AECA to go to 
the Fund, and allowing amounts in the Fund to remain available 
until expended. This Fund would allow DoD to purchase and 
stockpile high-demand defense items for anticipated FMS sales--
such as uniforms, small arms, night vision goggles, etc.--to 
expedite the FMS delivery process.
Section 843. Annual Estimate and Justification for Foreign Military 
        Sales Program.
    This section would streamline the annual ``Javits Report'' 
by requiring the listing only of those arms sales that would 
likely be granted export licenses for the coming calendar year. 
Currently, the Javits Report lists all potential arms sales 
that are not only likely, but are just ``wish-lists'' by the 
country or U.S. industry. This section would make the Javits 
Report less onerous on the administration to compile and 
produce each year.
Section 844. Sense of Congress Relating on the Global Arms Trade.
    This section states the Sense of Congress that 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. It also states that the 
U.S. should actively work to prevent arms from being used to 
perpetrate breaches of the U.N. Charter relating to the use of 
force, gross violations of international human rights, serious 
violations of international humanitarian law, acts of genocide 
or crimes against humanity or terrorism; and destabilizing 
buildups of military forces and weapons. Finally, it further 
states that the U.S. should actively engage in the development 
of a legally-binding treaty establishing common international 
standards for the import, export, and transfer of conventional 
arms.
Section 845. Report on the United States' Commitments to the Security 
        of Israel.
    This section requires the President to provide copies of 
all U.S. assurances made to Israel regarding its security since 
1975 and on an ongoing basis, including revisions of past 
assurances, to the Committee on Foreign Affairs of the House 
and the Foreign Relations Committee of the Senate, to enable 
Congressional oversight of the U.S.-Israel security 
relationship.
Section 846. War Reserves Stockpile.
    This provision extends the dates and amounts of U.S. excess 
equipment that can be transferred to Israel from regional 
stockpiles.
Section 847. Excess Defense Articles to Central and South European 
        Countries and Certain Other Countries.
    This provision allows the President, for Fiscal Years 2010 
and 2011, to provide for the crating, packing, handling, and 
transportation of excess defense articles transferred under the 
authority of section 516 of the Foreign Assistance Act of 1961, 
to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Macedonia, 
Georgia, India, Iraq, Israel, Kazakhstan, Kyrgyzstan, Latvia, 
Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, 
Tajikistan, Turkmenistan, and Ukraine.
Section 848. Support to Israel for Missile Defense.
    This section authorizes assistance to Israel for the 
continued co-development of medium and short-range missile 
defense systems and includes a reporting requirement on future 
U.S. assistance for the development and completion of the Arrow 
missile system. Subsection (a) authorizes assistance for: The 
accelerated co-production of the Arrow missile system, the 
development of short-range ballistic missile defense 
capability, David's Sling weapon system, and the integration of 
these weapons systems with U.S. ballistic missile defense 
systems and force protection efforts; and for the research, 
development, and test and evaluation of the Iron Dome short-
range projectile defense system. Subsection (b) requires the 
Secretary of State, in consultation with the Secretary of 
Defense, to submit a report on U.S. assistance for the co-
production of the Arrow missile system, with a classified annex 
if necessary.

           TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

                     SUBTITLE A--GENERAL PROVISIONS

Section 901. Coordinator of United States Government Activities to 
        Implement the Merida Initiative.
    This section would establish a ``Merida Coordinator'' to 
track all Merida Initiative-related efforts throughout the 
United States government. Subsection (a) declares that the 
Merida Initiative requires a single Coordinator to avoid 
duplication, coordinate messaging, and facilitate 
accountability to and communication with Congress. Subsection 
(b) requires the President to designate a Merida Coordinator at 
the Department of State, with the rank of Ambassador, to 
accomplish these goals. The Coordinator need not be a State 
Department employee prior to selection, but the position of the 
Coordinator shall be resident at the Department of State.
Section 902. Adding the Caribbean to the Merida Initiative.
    This section would require the President to incorporate the 
CARICOM countries into the Merida Initiative. Subsection (a) 
provides findings on the toll that the drug trade and drug-
related violence has taken on the countries of CARICOM. 
Subsection (b) requires the Secretary of State to begin 
consultations with the CARICOM countries in preparation for 
their inclusion in the Merida Initiative. Subsection (c) 
authorizes the President to incorporate the CARICOM countries 
into the Merida Initiative.
Section 903. Merida Initiative Monitoring and Evaluation Mechanism.
    This section creates a monitoring and evaluation mechanism 
for the Merida Initiative. It directs the President to 
establish and implement a program to assess the effectiveness 
of assistance provided under Merida through impact evaluation 
research on a selected set of programmatic interventions, and 
operations research to ensure efficiency and effectiveness of 
program implementation. The program should include monitoring 
to ensure timely and transparent delivery of assistance. The 
section recognizes that such an evaluation program is needed 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. Of the amounts authorized to be appropriated for the 
Merida Initiative, up to 5 percent of such amounts is 
authorized to carry out this section.
    Additionally, the section creates a reporting requirement 
for the Merida Initiative to inform Congress of the evaluation 
of the program, efforts of the United States Government to 
coordinate its Merida-related activities, as well as 
utilization, disposition and effectiveness of equipment 
transferred under Merida. It directs further that the report 
specifically include: Information regarding human rights; the 
government of Mexico's public security strategy; the flow of 
illegal arms from the U.S. to Mexico; the use of contractors to 
carry out Merida programs; a description of the progress of 
phasing out law enforcement activities of the Armed Forces of 
each Merida recipient country; and the impact that Merida 
authorized activities have had on violence against United 
States and Mexican border personnel and the extent to which 
these activities have increased the protection and security of 
the United States-Mexico border.
Section 904. Merida Initiative Defined.
    This section defines ``Merida Initiative'' as 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

Section 911. Task Force on the Prevention of Illicit Small Arms 
        Trafficking in the Western Hemisphere.
    This section would create a interagency Task Force that 
would include Bureau of Alcohol, Tobacco, Firearms and 
Explosives (ATF), the U.S. Customs and Border Protection Agency 
(CPB), the U.S. Immigration and Customs Enforcement Agency 
(ICE) and others, to develop a strategy to coordinate U.S. 
Government efforts ``to reduce and prevent illegal firearms 
trafficking from the United States throughout the Western 
Hemisphere, including Mexico, Central America, the Caribbean, 
and South America.'' The Task Force would also conduct a 
thorough review and analysis of current regulation of exports 
of small arms and light weapons.
Section 912. Increase in Penalties for Illicit Trafficking in Small 
        Arms and Light Weapons to Countries in the Western Hemisphere.
    The illicit transfer of small arms to Mexico and the 
Western Hemisphere is an export violation of the AECA, as small 
arms are controlled items under the U.S. Munitions List and 
require licenses for export. The existing penalty for such 
violations is a fine of no more than $1,000,000 per violation, 
no more than 10 years in prison, or both. This provision 
increases that fine to between $1,000,000 and $3,000,000 and 
also requires prison time of no more than 20 years, or both.
Section 913. Department of State Rewards Program.
    The existing State Rewards program is targeted against 
persons who have or are planning to commit terrorist acts 
against the United States, or commit narcotics-related offenses 
that violate U.S. narcotics laws. This new provision would add 
trafficking in small arms to Mexico as an additional category 
for which rewards can be paid to informants upon conviction of 
violators.
Section 914. Statement of Congress Supporting United States 
        Ratification of CIFTA.
    This provision expresses support for the ratification of 
the Inter-American Convention Against the Illicit Manufacturing 
of and Trafficking in Firearms, Ammunition, Explosives, and 
Other Related Materials (CIFTA).

                    TITLE X--REPORTING REQUIREMENTS

Section 1001. Assessment of Special Court for Sierra Leone.
    This section requires the Secretary of State to submit an 
assessment to appropriate congressional committees on the 
continuing needs of the Special Court for Sierra Leone. The 
assessment would examine the Special Court's archival, witness 
protection, physical facility, and community outreach needs. 
This assessment would also examine the residual registrar's 
capacity for enforcing Special Court sentences, maintaining 
relations with countries hosting imprisoned convicts of the 
Special Court, legal decision-making regarding future appeals, 
conditions of prisoner treatment, contempt proceedings, and 
financial matters relating to such activities.
Section 1002. Report on United States Capacities to Prevent Genocide 
        and Mass Atrocities.
    Subsection (a) includes congressional findings noting the 
lack of an effective government-wide strategy and capacity for 
preventing genocide undermines the ability of the United States 
to contribute to the maintenance of global peace, that the 
Report of the Genocide Prevention Task Force offers a valuable 
blueprint for strengthening U.S. capacities to help prevent 
genocide, and that specific training and staffing will enhance 
the diplomatic capacities of the Department of State to help 
prevent and respond to threats of genocide. Subsection (b) 
requires the Secretary to report to the appropriate 
congressional committees on plans for the development of a 
government-wide strategy to strengthen U.S. civilian capacities 
for preventing genocide and mass atrocities. The report would 
include assessments of interagency genocide prevention 
cooperation, current capacities within the State Department to 
help avert genocide, foreign assistance programs directed 
towards genocide prevention, and the feasibility of 
implementing key recommendation made by the Genocide Prevention 
Task Force.
Section 1003. Reports Relating to Programs to Encourage Good 
        Governance.
    This section amends section 133(d)(2)(C) of the Foreign 
Assistance Act of 1961 which requires a report on U.S. anti-
corruption activities to include information regarding whether 
countries with extractive industries citizens of such countries 
with access to information about government revenue from the 
extraction of such resources and whether there are credible 
reports of human rights abuses against individuals from civil 
society or the media seeking to monitor extractive industries.
Section 1004. Reports on Hong Kong.
    This section reauthorizes an annual report concerned with 
the status of democracy and universal suffrage in Hong Kong, 
demonstrating the United States' continued commitment to the 
democratic process in Hong Kong. The reporting requirement, 
which began in 1993, expired in 2006. Reauthorization would 
begin in 2010 and run through 2020.
Section 1005. Democracy in Georgia.
    This section expresses the Sense of Congress that the 
development and consolidation of democratic governance in 
Georgia is critically important to its integration into Euro-
Atlantic institutions. It asks the State Department to report 
to Congress within 180 days of the enactment of this act and no 
later than December 31 in each of the next 2 fiscal years on 
the programs, projects and activities carried out in Georgia 
with U.S. foreign assistance following the August 2008 conflict 
with Russia. The report should detail the programs funded with 
such assistance and evaluate their impact on the consolidation 
of democracy in Georgia, as well as efforts by the Government 
of Georgia to improve democratic governance. In addition, the 
report should analyze the implementation of the U.S.-Georgia 
Strategic Partnership.
Section 1006. Diplomatic Relations with Israel.
    This section concerns international diplomatic relations 
with Israel.
    Subsection (a) includes a Sense of Congress that the United 
States should assist Israel in its efforts to establish 
diplomatic relations. Subsection (b) includes a reporting 
requirement on actions taken by representatives of the United 
States to encourage other countries to establish full 
diplomatic relations with Israel, specific responses solicited 
and received by the Secretary of State 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, and other measures being 
undertaken, and considered, by the United States to ensure and 
promote Israel's full participation in the world diplomatic 
community.
Section 1007. Police Training Report.
    This section requires the President to conduct a study on 
overseas civilian police training conducted by the United 
States in countries or regions that are at risk of, in, or are 
in transition from conflict or civil strife. The committee is 
aware of numerous Departments and agencies that currently 
conduct such programs, and that such programs are conducted 
both by Federal employees and private contractors. The 
committee remains concerned that such programs might not be 
sufficiently coordinated. The committee would like to gain 
further understanding of the specific programs conducted by 
various Federal entities as well as awareness of the 
coordination among such entities in providing training. 
Subsection 1007(a) establishes the reporting requirement. 
Subsection 1007(b) spells out the required contents. Paragraph 
1007(5) requests recommendations to improve interagency 
coordination.
Section 1008. Reports on Humanitarian Assistance in Gaza.
    This section requires the Secretary to report to Congress 
on: The level of access to basic necessities in Gaza, including 
food, fuel, water, sanitation, education, and healthcare; the 
ability of NGOs and others to deliver and distribute 
humanitarian and reconstruction supplies; and a description of 
the efforts of the United States to facilitate the distribution 
of humanitarian assistance in Gaza. The assessment should 
consider and evaluate the prospects that the activities and 
policies of Hamas and other terrorist groups might pose 
challenges to the delivery of humanitarian and reconstruction 
assistance, and should provide recommendations for actions that 
can be taken to best improve the level of access to basic 
necessities. This section also requires an assessment of the 
policy prohibiting State Department or USAID personnel from 
traveling to Gaza. This further assessment should examine the 
feasibility of revising the official travel prohibition in 
order to facilitate humanitarian assistance operations and 
monitor the dispersion of U.S. foreign assistance to ensure 
that it does not benefit Hamas or any other terrorist 
organization.
Section 1009. Report on Activities in Haiti.
    This section would instruct the Secretary of State to 
submit to the appropriate congressional committees a report on 
activities in Haiti funded or authorized by the Department of 
State and USAID, and how the activities supplement the work of 
the Government of Haiti to provide a safe and prosperous 
democracy for its citizens. It requests that the report contain 
a timetable for when management and implementation of such 
activities will be turned over to the Government of Haiti, as 
well as a description of how such assistance is coordinated 
among U.S. agencies and with other donors to Haiti. Finally, 
the report should set out short-term and long-term objectives 
for U.S. assistance and metrics that will be used to identify, 
track, and manage progress of those activities.
Section 1010. Reports on Religious Minority Communities in the Middle 
        East.
    This section concerns religious minority communities in the 
Middle East. Subsection (a) authorizes the Secretary to monitor 
the status of religious minority communities in the Middle East 
and provide policy recommendations to protect these 
communities. Subsection (b) requires the Secretary to submit a 
report to Congress on religious minority communities in the 
Middle East, including an assessment of conditions faced by 
these communities and the efficacy of humanitarian assistance 
activities directed at them. This subsection also provides that 
the report include recommendations to alleviate the adverse 
humanitarian circumstances faced by religious minorities in the 
region.
Section 1011. Iran's Influence in the Western Hemisphere.
    This section contains a number of findings regarding Iran's 
relationship with the government of Venezuela and its attempts 
to strengthen ties with other countries in the Western 
Hemisphere. This section also requires the Secretary of State 
to submit a report to Congress on activities of Iran and 
Hezbollah in the Western Hemisphere, with a classified annex if 
necessary.

                   TITLE XI--MISCELLANEOUS PROVISIONS

                     SUBTITLE A--GENERAL PROVISIONS

Section 1101. Bilateral Commission with Nigeria.
    This section would request the President to establish a 
bilateral commission between the United States and Nigeria to 
support bilateral cooperation. The Commission would: Establish 
a bilateral process to determine the goals and objectives of a 
bilateral partnership and establish guidelines for 
accountability and rules to measure the effectiveness for any 
initiatives undertaken; monitor bilateral technical assistance 
and capacity building projects; and submit to the President of 
the United States, the United States Congress, the President of 
Nigeria, and the Nigerian National Assembly a report on the 
amount of progress achieved on projects undertaken.
Section 1102. Authorities Relating to the Southern Africa Enterprise 
        Development Fund.
    This section would give notwithstanding authority to the 
Southern Africa Enterprise Development Fund (SAEDF) akin to 
such authority that exists with the other existing enterprise 
funds. The SAEDF was created administratively by USAID, rather 
than by statute as were the funds for Central and Eastern 
Europe. As a result, SAEDF has functioned without 
notwithstanding authority and has been unable to attract and 
develop its investments and appropriate personnel as a result.
Section 1103. Diabetes Treatment and Prevention and Safe Water and 
        Sanitation for Pacific Island Countries.
    Subsection (a) authorizes the appropriation of $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. Subsection (b) defines 
Pacific Island countries to mean Fiji, Kiribati, the Marshall 
Islands, the Federated States of Micronesia, Nauru, Niue, 
Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, 
and Vanuatu.
Section 1104. Statelessness.
    This section addresses the issue of statelessness.
    Subsection (a) states that the purposes of the section is 
to reduce the number of individuals who are de jure or de facto 
stateless and thereby increase global security and stability 
and combating trafficking in persons and legal and societal 
discrimination. Subsection (b) contains a number of findings 
establishing the right to de jure and de facto nationality as 
guaranteed in a number of international instruments; documents 
that at least 11 million people remain stateless; describes the 
negative impacts of statelessness in terms of employment, 
vulnerability to exploitation and deprivation of political and 
social rights; and establishes that UNHCR has been given the 
mandate to help stateless people, but has inadequate resources 
to carry out this mandate. Subsection (c) contains a policy 
section stating that it is the policy of the United States that 
the President and the Permanent Representative the U.N. will 
work with the international community to increase political and 
financial support for the work of UNHCR to increase its 
activities and provide structural changes to prevent and 
resolve problems of statelessness. The Subsection authorizes $5 
million in extra-budgetary funds be provided to UNHCR and $3 
million to UNICEF for each of Fiscal Years 2010 and 2011 to 
improve these agencies' assistance to stateless individuals. 
Subsection (d) establishes that the President shall make the 
prevention and reduction of statelessness an important goal of 
U.S. foreign policy. It also establishes that the U.S. will 
comply with the principles and sections of the 1954 Convention 
Relating to the Status of Stateless Persons to the largest 
extent possible, and that it will encourage other countries to 
do the same. It calls for a permanent and unspecified increase 
in resources to the States Department's Bureau of Population, 
Refugees, and Migration (PRM) to combat statelessness and 
directs the Secretary of State to establish an interagency 
working group on statelessness to include the Department of 
Justice and Homeland Security. It authorizes such sums as may 
be necessary to carry out the title.
Section 1105. Statement of Policy Regarding the Ecumenical 
        Patriarchate.
    This section makes a statement of policy that the United 
States shall urge Turkey to: Respect property rights and 
religious rights of the Ecumenical Patriarchate; grant the 
Ecumenical Patriarchate appropriate international recognition 
and ecclesiastic succession; and allow the Ecumenical 
Patriarchate the right to train and employ clergy of all 
nationalities, not just Turkish nationals.
Section 1106. Limitation on Assistance for Weather Cooperation 
        Activities to Countries in the Americas.
    This section expresses the Sense of Congress that the 
United States should facilitate international cooperation on 
hurricane preparedness, and requires the Secretary of State to 
transmit a report to Congress on the status of U.S. cooperation 
with other countries in the Americas on hurricane preparedness 
and other weather cooperation activities. The section prohibits 
the Secretary from providing assistance to countries listed 
under subsection (b)(2)(A) of the report, but allows the 
Secretary to waive that limitation if national security 
requires the action.
Section 1107. Statement of Congress Regarding Afghan women.
    This section expresses the sense of Congress that: The 
draft Shi'ite Personal Status law violates the basic human 
rights of women and is inconsistent with the Constitution of 
Afghanistan; urges relevant parties to declare the draft law 
unconstitutional; reiterates its strong sense that the 
provisions in such draft law which restrict the rights of women 
should be removed; encourages the Secretary of State and others 
in the United States Government to address women's rights and 
security in Afghanistan; and encourages the Government of 
Afghanistan to solicit information and advice from relevant 
governmental bodies and from female-led nongovernmental 
organizations to ensure that current and future legislation and 
official policies protect and uphold the equal rights of women.
Section 1108. Global Peace Operations Initiative Programs and 
        Activities.
    This section expands U.S. efforts to support multilateral 
peacekeeping operations authorized by the U.N. Security 
Council. In particular, it addresses the shortage of 
helicopters facing many peacekeeping operations.
    Subsection (a) states that countries undergoing conflict 
threaten the national and economic security of the United 
States and that the United States has a vital interest in 
ensuring that U.N.-authorized peacekeeping operations are 
successful. The subsection further finds that diplomatic 
efforts to secure critical enablers, such as helicopters, for 
many of these missions have not yielded sufficient results.
    Subsection (b) states that the purpose of the assistance to 
be provided is to contribute to peace and security and to 
protect civilians by helping to train and equip peacekeepers.
    Subsection (c) defines the activities for which funds shall 
be used. The subsection further requires the Secretary of State 
to seek to leverage U.S. funds for these activities with 
financing from other nations.
    This subsection directs the Secretary to partner with other 
nations to help finance the refurbishing of helicopters for 
U.N. authorized peacekeeping missions. This is a new activity 
to respond to the critical shortfalls in air assets facing 
current peacekeeping missions, including those in Darfur, the 
Democratic Republic of Congo and Chad. The provision is also 
meant to apply to potential new authorized peacekeeping 
missions, which would likely face similar shortfalls given the 
trend lines.
    It is our intent that the Secretary of State has discretion 
and flexibility to decide which peacekeeping missions should 
benefit from this support, as well as the most propitious time 
for intervention. We encourage the appropriators to allot such 
sums as may be necessary above the President's FY 2010 request 
of $96 million for the Global Peace Operations Initiative 
(GPOI) in order to carry out this new task, which is critical 
to improving civilian protection and the operational 
effectiveness of peacekeeping operations on the ground. We 
encourage the State Department to move as quickly as possible 
toward filling the critical shortage of helicopters in global 
peacekeeping.
    Subsection (d) would require an annual report to Congress 
on the program's activities and effectiveness.
    Subsection (e) would authorize appropriations for this 
program from the peacekeeping operations account.
    Subsection (f) defines the term ``Global Peace Operations 
Initiative (GPOI).''
Section 1109. Freedom of the Press.
    Subsection (a) references the short title of the section as 
the ``Daniel Pearl Freedom of the Press Act of 2009.'' 
Subsection (b) expands the annual Country Reports on Human 
Rights Practices to include: (1) A description of the status of 
freedom of the press in each country reviewed in the report, 
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) Whether 
government authorities in countries in which there are 
particularly severe violations of freedom of the press 
participate in, facilitate, or condone such violations of the 
freedom of the press, and actions that 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. Subsection (c) 
authorizes a freedom of the press grant program 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. Grants may be awarded to 
nonprofit and international organizations and may span multiple 
years, up to 5 years. Grant proposals should promote and 
broaden press freedoms by strengthening the independence of 
journalists and media organizations, promoting a legal 
framework for freedom of the press, or through providing 
regionally and culturally relevant training and 
professionalization of skills to meet international standards 
in both traditional and digital media. Subsection (d) includes 
a definition of the term ``media organization.'' Subsection (e) 
authorizes to be appropriated such sums as may be necessary to 
carry out this section.
Section 1110. Information for Country Commercial Guides on Business and 
        Investment Climates.
    This section calls for additional information on unfair 
business and investment practices to be included in the annual 
Country Commercial Guides produced by the U.S. Department of 
Commerce, and requires the establishment of a warning system to 
alert United States businesses and investors to significant 
deteriorations in the business and investment climates in 
foreign countries.
    Subsection (a) states that the Director General of the 
Foreign Commercial Service, in consultation with other relevant 
officials, should ensure that the annual Country Commercial 
Guides include detailed assessments of each foreign country in 
which unfair practices have resulted in poor business and 
investment climates, as well as all relevant information about 
such practices and about the extent to which the host 
government and the United States Government have acted to 
prevent such practices.
    Subsection (b) states that the information required under 
subsection (a) should, to the extent feasible, include: A 
review of efforts undertaken by each foreign country to promote 
a healthy business and investment climate; the response of the 
country's judicial and local arbitration systems to matters 
affecting United States businesses and investors; each 
country's access to the United States market; actions 
undertaken by the foreign government that prevent United States 
citizens and businesses from receiving equitable treatment; 
unfair actions taken and decisions rendered against United 
States citizens and businesses; and actions taken by the United 
States Government to promote the rule of law, prevent 
discriminatory treatment, avoid coproduction requirements, and 
protect intellectual property rights.
    Subsection (c) requires that the Director General of the 
Foreign Commercial Service consult with business leaders, union 
leaders, representatives of the involved country's judicial 
system, and relevant nongovernmental organizations in carrying 
out this section.
    Subsection (d) requires 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, to establish a business and 
investment climate warning system. Such system must effectively 
alert United States businesses and investors of conditions that 
are not explained in the most recent Country Commercial Guide 
for a given country. Specifically, these conditions are: A 
significant deterioration in the business climate in a foreign 
country, including discriminatory treatment of United States 
businesses; or a significant constraint on the ability of the 
United States Government to assist United States businesses and 
investors in a foreign country, such as the closure of a United 
States diplomatic or consular mission.
    Subsection (e) contains definitions of terms used in this 
section.
Section 1111. International Protection of Girls by Preventing Child 
        Marriage.
    This section addresses the problem of child marriage 
internationally. Subsection (a) includes a Sense of Congress 
that 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; the practice of child 
marriage undermines United States efforts 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 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. 
Subsection (b) requires the President acting through the 
Secretary of State to 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. In establishing the strategy the President shall 
consult with Congress, relevant Federal departments and 
agencies, multilateral organizations, and representatives of 
civil society. The strategy shall focus on areas in developing 
countries with high prevalence of child marriage. This 
subsection also requires the President to transit a report to 
Congress that includes: The strategy; 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 examples of best practices 
or programs to prevent child marriage in developing countries 
that could be replicated. Subsection (c) requires the Secretary 
to work with other relevant Federal agencies and departments to 
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, the impact of the incidence of child 
marriage, and the age at marriage on progress in meeting key 
development goals. Subsection (d) requires the Country Reports 
on Human Rights Practices to include for each country in which 
child marriage is prevalent a description of the status of the 
practice of child marriage in such country. Subsection (e) 
includes a definition of child marriage. Subsection (f) 
authorizes such sums as necessary for Fiscal Years 2010 and 
2011 to carry out this section.
Section 1112. Statement of Congress Regarding Return of Portraits of 
        Holocaust Victims to Artist Dina Babbitt.
    This section contains findings noting that Dina Babbitt has 
requested the return of watercolor portraits she painted on the 
orders of the infamous war criminal Dr. Josef Mengele while 
imprisoned at the Auschwitz death camp during World War II. 
These paintings are currently in the possession of the 
Auschwitz-Birkenau State Museum. This section also contains a 
Statement of Congress recognizing Dina Babbitt's right to take 
possession of the artwork in question and urging the President 
and Secretary of State to undertake diplomatic efforts to help 
her retrieve the paintings.
Section 1113. Statement of Policy Regarding Somalia.
    This section concerns conditions in Somalia. Section (a) 
states that it shall be the policy of the United States to 
advance long-term stability and peace in Somalia, to provide 
assistance to key groups, to support efforts to establish 
democratic authorities and civil institutions in Somalia, and 
to support the reconciliation process. Section (b) expresses a 
sense of Congress that the President, acting through the 
Secretary of State, should develop a comprehensive policy to 
address the situation in Somalia, and that such policy should 
align 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

Section 1121. Promoting Democracy and Human Rights in Belarus.
    This section draws on the Belarus Democracy Reauthorization 
Act. It reiterates concerns about the authoritarian crackdown 
in Belarus by President Lukashenka. It restates American 
support for the aspirations of the people of Belarus for 
democracy, human rights, and the rule of law. This section 
expresses the Sense of Congress that the United States should 
continue furnishing assistance to support democratic processes 
in Belarus, including the development of an open market 
economy. In addition, the U.S. would view positively a decision 
by the Government of Belarus to release critically ill American 
citizen Emanuel Zeltser from detention on humanitarian grounds.
Section 1122. Sense of Congress on the Humanitarian Situation in Sri 
        Lanka.
    This section expresses the Sense of Congress that 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, expresses the concern of the 
United States Government regarding the humanitarian situation 
in the country, and calls for the LTTE to lay down its arms and 
allow civilians to depart conflict areas. This section also 
calls on the Government of Sri Lanka to allow the United 
Nations High Commission for Refugees (UNHCR) and the 
International Committee of the Red Cross (ICRC) access to 
civilian populations. Further, this section also calls for a 
durable and lasting peace and urges the Government of Sri Lanka 
to develop a political solution in order to achieve peace and 
reconciliation. The committee intends to monitor the ongoing 
developments in Sri Lanka and revise this section to 
appropriately reflect any new developments.
Section 1123. West Papua.
    This section contains a number of findings regarding human 
rights violations against the people of West Papua and requires 
a report for each of the Fiscal Years 2010 and 2011 on whether 
Indonesia has stopped human rights abuses there and on the 
implementation of special autonomy in West Papua.
Section 1124. Sense of Congress Relating to Soviet Nuclear Tests and 
        Kazakhstan's Commitment to Nonproliferation.
    This section contains a number of findings on the effects 
of nuclear tests in Kazakhstan and includes a sense of congress 
regarding Kazakh efforts at nonproliferation and on encouraging 
Kazakhstan to work with Norway on issues of common 
environmental concerns.
Section 1125. Sense of Congress on Holocaust-Era Property Restitution 
        and Compensation.
    This section expresses a sense of Congress that 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. The section also includes a further sense of 
Congress that these countries must enact and implement property 
restitution legislation to establish a simple, transparent, and 
timely process, resulting in a real benefit to those who 
suffered from the unjust confiscation of their property.
Section 1126. Efforts to Secure the Freedom of Gilad Shalit.
    This section contains a Sense of Congress that Israeli 
soldier Gilad Shalit should be safely released at the earliest 
possible date, and that pending his release, the International 
Committee of the Red Cross should be given full access to him.
Section 1127. Sense of Congress Relating to Sudan.
    This section contains a Sense of Congress that the United 
States should support efforts to find a stable and lasting 
peace in Sudan, including by supporting the Comprehensive Peace 
Agreement.
Section 1128. Sense of Congress on Restrictions on Religious Freedom in 
        Vietnam.
    This amendment calls on the Department of State to re-list 
Vietnam as a ``Country of Particular Concern'' with respect to 
religious freedom and calls on the Government of Vietnam to 
allow for greater religious freedom. Subsection (a) lists 
recent cases in which certain religious groups and its 
adherents in Vietnam have been attacked, detained, or faced 
unwarranted abuses from the Vietnamese government. Subsection 
(b) urges the Department of State to place Vietnam on the list 
of ``Countries of Particular Concern'' for severe violations of 
religious freedom; condemns the ongoing violations of religious 
freedom in Vietnam; and calls on Vietnam to enact legal and 
political reforms that will allow for greater religious 
freedom.

         Changes in Existing Law Made by the Bill, as Reported

    In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, existing law in which no change 
is proposed is shown in roman):

             STATE DEPARTMENT BASIC AUTHORITIES ACT OF 1956



           *       *       *       *       *       *       *
                  TITLE I--BASIC AUTHORITIES GENERALLY

                ORGANIZATION OF THE DEPARTMENT OF STATE

    Section 1. (a) * * *
    (b) Under Secretaries.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Under secretary for public diplomacy.--There 
        shall be in the Department of State, among the Under 
        Secretaries authorized by paragraph (1), an Under 
        Secretary for Public Diplomacy, who shall have primary 
        responsibility to assist the Secretary and the Deputy 
        Secretary in the formation and implementation of United 
        States public diplomacy policies and activities, 
        including international educational and cultural 
        exchange programs, information, and international 
        broadcasting. The Under Secretary for Public Diplomacy 
        shall--
                    (A) * * *

           *       *       *       *       *       *       *

                    (D) assist the United States Agency for 
                International Development and the Broadcasting 
                Board of Governors to present the policies of 
                the United States clearly and effectively; 
                [and]
                    (E) submit statements of United States 
                policy and editorial material to the 
                Broadcasting Board of Governors for broadcast 
                consideration[.]; and
                    (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.

           *       *       *       *       *       *       *

    Sec. 4. (a) * * *

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


SEC. 36. DEPARTMENT OF STATE REWARDS PROGRAM.

    (a) * * *
    (b) Rewards Authorized.--In the sole discretion of the 
Secretary (except as provided in subsection (c)(2)) and in 
consultation, as appropriate, with the Attorney General, the 
Secretary may pay a reward to any individual who furnishes 
information leading to--
            (1) * * *

           *       *       *       *       *       *       *

            (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);
            [(4)] (5) the arrest or conviction in any country 
        of any individual aiding or abetting in the commission 
        of an act described in [paragraph (1), (2), or (3)] 
        paragraph (1), (2), (3), or (4);
            [(5)] (6) the prevention, frustration, or favorable 
        resolution of an act described in [paragraph (1), (2), 
        or (3)] paragraph (1), (2), (3), or (4), including by 
        dismantling an organization in whole or significant 
        part;
            [(6)] (7) the identification or location of an 
        individual who holds a key leadership position in a 
        terrorist organization; or
            [(7)] (8) the disruption of financial mechanisms of 
        a foreign terrorist organization, including the use by 
        the organization of illicit narcotics production or 
        international narcotics trafficking--
                    (A) * * *

           *       *       *       *       *       *       *


                             SPECIAL AGENTS

    Sec. 37. (a) General Authority.--Under such regulations as 
the Secretary of State may prescribe, special agents of the 
Department of State and the Foreign Service may--
            [(1) conduct investigations concerning illegal 
        passport or visa issuance or use;]
            (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;

           *       *       *       *       *       *       *


 EXPENSES RELATING TO PARTICIPATION IN ARBITRATIONS OF CERTAIN DISPUTES

    Sec. 38. (a) * * *

           *       *       *       *       *       *       *

    (d) International Litigation Fund.--
            (1) * * *

           *       *       *       *       *       *       *

            (3) Transfers of funds.--Funds received [by the 
        Department of State from another agency of the United 
        States Government or pursuant to] 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 the Department of State 
        Appropriations Act of 1937 (49 Stat. 1321, 22 U.S.C. 
        2661) to meet costs of preparing or prosecuting a 
        proceeding before an international tribunal, or a claim 
        by or against a foreign government or other foreign 
        entity, shall be credited to the ILF.

           *       *       *       *       *       *       *


                DEFENSE TRADE CONTROLS REGISTRATION FEES

    Sec. 45. (a) In general.--For each fiscal year, 100 percent 
of the registration fees collected by the [Office] Directorate 
of Defense Trade Controls of the Department of State shall be 
credited to a Department of State account, to be available 
without fiscal year limitation. [Fees credited to that account 
shall be available only for payment of expenses incurred for--
            [(1) contract personnel to assist in the evaluation 
        of defense trade controls license applications, 
        reduction in processing time for license applications, 
        and improved monitoring of compliance with the terms of 
        licenses;
            [(2) the automation of defense trade control 
        functions, including compliance and enforcement 
        activities, and the processing of defense trade control 
        license applications, including the development, 
        procurement, and utilization of computer equipment and 
        related software; and
            [(3) the enhancement of defense trade export 
        compliance and enforcement activities, including 
        compliance audits of United States and foreign parties, 
        the conduct of administrative proceedings, monitoring 
        of end-uses in cases of direct commercial arms sales or 
        other transfers, and cooperation in proceedings for 
        enforcement of criminal laws related to defense trade 
        export controls.]
    (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.
    (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.

           *       *       *       *       *       *       *


SEC. 60. PUBLIC DIPLOMACY RESPONSIBILITIES OF THE DEPARTMENT OF STATE.

    (a) * * *
    (b) Coordination and Development of Strategy.--The 
Secretary shall make every effort to--
            (1) in accordance with subsection (e), coordinate, 
        subject to the direction of the President, the public 
        diplomacy activities of Federal agencies; and

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *

                              ----------                              


                      FOREIGN SERVICE ACT OF 1980



           *       *       *       *       *       *       *
    Sec. 2. Table of Contents.--The table of contents for this 
Act is as follows:

                            TABLE OF CONTENTS

     * * * * * * *

            TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES

     * * * * * * *

                         Chapter 4--Compensation

Sec. 401. Salaries of chiefs of mission.
     * * * * * * *
Sec. 415. Overseas comparability pay adjustment.
     * * * * * * *

         Chapter 5--Classification of Positions and Assignments

     * * * * * * *
[Sec. 503. Assignments to agencies, international organizations, and 
          other bodies.]
Sec. 503. Assignments to agencies, international organizations, foreign 
          governments, or other bodies.
     * * * * * * *
Sec. 506. Transatlantic diplomatic fellowship program.
Sec. 507. Security officers exchange program.

                   Chapter 6--Promotion and Retention

     * * * * * * *
[Sec. 610. Separation for cause.]
Sec. 610. Separation for cause; suspension.

           *       *       *       *       *       *       *


           TITLE I--THE FOREIGN SERVICE OF THE UNITED STATES

Chapter 1--General Provisions

           *       *       *       *       *       *       *


    Sec. 104. Functions of the Service.--Members of the Service 
shall, under the direction of the Secretary--
            (1) * * *
            (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;
            [(2)] (3) provide guidance for the formulation and 
        conduct of programs and activities of the Department 
        and other agencies which relate to the foreign 
        relations of the United States; and
            [(3)] (4) perform functions on behalf of any agency 
        or other Government establishment (including any 
        establishment in the legislative or judicial branch) 
        requiring their services.

           *       *       *       *       *       *       *


                        Chapter 3--Appointments

    Sec. 301. General Provisions Relating to Appointments.--(a) 
* * *
    (b)(1) The Secretary shall prescribe, as appropriate, 
written, oral, physical, foreign language, and other 
examinations for appointment to the Service (other than as a 
chief of mission or ambassador at large).
    (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) 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.
    (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.

           *       *       *       *       *       *       *

    Sec. 305. Appointment to the Senior Foreign Service.--(a) * 
* *

           *       *       *       *       *       *       *

    [(d) The Secretary shall by regulation establish a 
recertification process for members of the Senior Foreign 
Service that is equivalent to the recertification process for 
the Senior Executive Service under section 3993a of title 5, 
United States Code.]

           *       *       *       *       *       *       *

    Sec. 309. Limited Appointments.--(a) A limited appointment 
in the Service, including an appointment of an individual who 
is an employee of an agency, may not exceed 5 years in duration 
and, except as provided in [subsection (b)] subsection (b) or 
(c), may not be extended or renewed. A limited appointment in 
the Service which is limited by its terms to a period of one 
year or less is a temporary appointment.
    (b) A limited appointment may be extended for continued 
service--
    (1) * * *

           *       *       *       *       *       *       *

    (3) as a career candidate, if (A), continued service is 
determined appropriate to remedy a matter that would be 
cognizable as a grievance under chapter 11, 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;
    (4) as a career employee in another Federal personnel 
system serving in a Foreign Service position on detail from 
another agency; [and]
    (5) as a foreign national employee[.]; and
    (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.
    (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.

           *       *       *       *       *       *       *


Chapter 4--Compensation

           *       *       *       *       *       *       *


    Sec. 413. Death Gratuity.--(a) The Secretary may provide 
for payment of a gratuity to the surviving dependents of any 
Foreign Service employee who dies as a result of injuries 
sustained in the performance of duty abroad, in an amount equal 
to one year's salary [at the time of death] 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. Any death gratuity payment made under this section shall 
be held to have been a gift and shall be in addition to any 
other benefit payable from any source.

           *       *       *       *       *       *       *


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.

Chapter 5--Classification of Positions and Assignments

           *       *       *       *       *       *       *


    Sec. 503. Assignments to Agencies, International 
Organizations, [and] Foreign Governments, or  Other Bodies.--
(a) The Secretary may (with the concurrence of the agency, 
organization, or other body concerned) assign a member of the 
Service for duty--
            (1) in a non-Foreign Service (including Senior 
        Executive Service) position in the Department or 
        another agency, or with an international organization, 
        international commission, or other international body, 
        or with a foreign government under sections 506 or 507;

           *       *       *       *       *       *       *


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.

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.

Chapter 6--Promotion and Retention

           *       *       *       *       *       *       *


    Sec. 603. Basis for Selection Board Review.--(a) * * *
    (b) Precepts for selection boards shall include a 
description of the needs of the Service for performance 
requirements, skills, and qualities, which are to be considered 
in recommendations for promotion. The precepts for selection 
boards responsible for recommending promotions into and within 
the Senior Foreign Service shall emphasize performance which 
demonstrates the strong policy formulation capabilities, 
executive leadership qualities, and highly developed functional 
and area expertise, which are required for the Senior Foreign 
Service, 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. The precepts for selection boards shall include, 
whether the member of the Service or the member of the Senior 
Foreign Service, as the case may be, has demonstrated--
            (1) * * *

           *       *       *       *       *       *       *

    Sec. 610. Separation for Cause; Suspension.--(a) * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


Chapter 7--Career Development, Training, and Orientation

           *       *       *       *       *       *       *


SEC. 708. TRAINING FOR FOREIGN SERVICE OFFICERS.

    (a) The Secretary of State, with the assistance of other 
relevant officials, such as the Secretary for Democracy, Human 
Rights and Labor, the Ambassador at Large for International 
Religious Freedom appointed under section 101(b) of the 
International Religious Freedom Act of 1998, the Director of 
the Office to Monitor and Combat Trafficking, and the director 
of the George P. Shultz National Foreign Affairs Training 
Center, shall establish as part of the standard training 
provided after January 1, 1999, for officers of the Service, 
including chiefs of mission, instruction in the field of 
internationally recognized human rights. Such training shall 
include--
            (1) * * *
            (2) instruction on the internationally recognized 
        right to freedom of religion, the nature, activities, 
        and beliefs of different religions, and the various 
        aspects and manifestations of violations of religious 
        freedom; [and]
            (3) instruction on international documents and 
        United States policy on trafficking in persons, 
        including provisions of the Trafficking Victims 
        Protection Act of 2000 (division A of Public Law 106-
        386; 22 U.S.C. 7101 et seq.) which may affect the 
        United States bilateral relationships[.]; and
            (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.

           *       *       *       *       *       *       *

    (c) The Secretary of State shall ensure that members of the 
Service, other than foreign national employees and consular 
agents, as appropriate, receive training on methods for 
conflict mitigation and resolution and on the necessary skills 
to be able to function successfully where public order has been 
undermined by instability or where there is no civil authority 
that can effectively provide public safety.
    (d) The Secretary of State shall ensure that members of the 
Service, other than foreign national employees and consular 
agents, as appropriate, have opportunities during their careers 
to obtain advanced education and training in academic and other 
relevant institutions in the United States and abroad to 
increase the capacity of the Service to fulfill its mission.

          Chapter 8--Foreign Service Retirement and Disability

subchapter i--foreign service retirement and disability system

           *       *       *       *       *       *       *


    Sec. 805. Contributions to the Fund.--(a)(1) Except as 
otherwise provided in this section, [7.25 percent] 7 percent of 
the basic salary received by each participant shall be deducted 
from the salary and contributed to the Fund for the payment of 
annuities, cash benefits, refunds, and allowances. [The 
contribution by the employing agency shall be a percentage of 
basic salary equal to the percentage in effect under section 
7001(d)(1) of the Balanced Budget Act of 1997 (Public Law 105-
33; 22 U.S.C. 4045 note), and section 505(h) of the Department 
of Transportation and Related Agencies Appropriations Act, 2001 
(as enacted by Public Law 106-346; 114 Stat. 1356A-54), plus 
.25 percent of basic salary, and shall be made] An equal amount 
shall be contributed by the employing agency from the 
appropriations or fund used for payment of the salary of the 
participant. The employing agency shall deposit in the Fund the 
amounts deducted and withheld from basic salary and the amounts 
contributed by the employing agency.
    (2) Notwithstanding the percentage limitation contained in 
paragraph (1) of this subsection--
            (A) the employing agency shall deduct and withhold 
        from the basic pay of a Foreign Service criminal 
        investigator/inspector of the Office of the Inspector 
        General, Agency for International Development, who is 
        qualified to have his annuity computed in the same 
        manner as that of a law enforcement officer pursuant to 
        section 8339(d) of title 5, an amount equal to that to 
        be withheld from a law enforcement officer pursuant to 
        section 8334(a)(1) of title 5[, plus an amount equal to 
        .25 percent of basic pay]. The amounts so deducted 
        shall be contributed to the Fund for the payment of 
        annuities, cash benefits, refunds, and allowances. An 
        equal amount shall be contributed by the employing 
        agency from the appropriations or fund used for payment 
        of the salary of the participant. The employing agency 
        shall deposit in the Fund the amount deducted and 
        withheld from basic salary and amounts contributed by 
        the employing agency.
            (B) The employing agency shall deduct and withhold 
        from the basic pay of a Foreign Service criminal 
        investigator/inspector of the Office of the Inspector 
        General, Agency for International Development, who is 
        qualified to have his annuity computed pursuant to 
        section 8415(d) of title 5, an amount equal to that to 
        be withheld from a law enforcement officer pursuant to 
        section 8422(a)(2)(B) of title 5[, plus an amount equal 
        to .25 percent of basic pay]. The amounts so deducted 
        shall be contributed to the Fund for the payment of 
        annuities, cash benefits, refunds, and allowances. An 
        equal amount shall be contributed by the employing 
        agency from the appropriations or fund used for payment 
        of the salary of the participant. The employing agency 
        shall deposit in the Fund the amounts deducted and 
        withheld from basic salary and amounts contributed by 
        the employing agency.
    (3) For service as a special agent, paragraph (1) shall be 
applied by substituting for ``7 percent'' the percentage that 
applies to law enforcement officers under section 8334(a)(1) of 
title 5, United States Code[, plus .25 percent.].

           *       *       *       *       *       *       *

    Sec. 806. Computation of Annuities.--(a)(1) * * *

           *       *       *       *       *       *       *

    (9) For purposes of any annuity computation under this 
subsection, the basic salary or basic pay of any member of the 
Service whose official duty station [is outside the continental 
United States shall] 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), be considered to be the salary or pay that 
would have been paid to the member had the member's official 
duty station been Washington, D.C., including locality-based 
comparability payments under section 5304 of title 5, United 
States Code, that would have been payable to the member if the 
member's official duty station had been Washington, D.C.

           *       *       *       *       *       *       *

    Sec. 818. Estimate of Appropriations Needed.--The 
[Secretary of the Treasury] Secretary of State shall prepare 
the estimates of the annual appropriations required to be made 
to the Fund, and shall make actuarial valuations of the System 
at intervals of not more than five years. [The Secretary of 
State may expend from money to the credit of the Fund an amount 
not exceeding $5,000 per year for the incidental expenses 
necessary in administering the provisions of this subchapter, 
including actuarial advice.] 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.
    Sec. 819. Investment of the Fund.--The Secretary of the 
Treasury shall invest from time to time in interest-bearing 
securities of the United States such portions of the Fund as in 
the judgment of the [Secretary of the Treasury] Secretary of 
State may not be immediately required for the payment of 
annuities, cash benefits, refunds, and allowances. The income 
derived from such investments shall constitute a part of the 
Fund.

           *       *       *       *       *       *       *

    Sec. 824. Reemployment.--(a) * * *

           *       *       *       *       *       *       *

    (g)(1) The Secretary of State may waive the application of 
subsections (a) through (d) on a case-by-case basis for an 
annuitant reemployed on a temporary basis, or grant authority 
to the head of an Executive agency to waive the application of 
subsections (a) through (d) on a case-by-case basis for an 
annuitant reemployed on a temporary basis--
            (A) * * *
            (B) [to facilitate the assignment of persons to 
        Iraq and Afghanistan or to posts vacated by members of 
        the Service assigned to Iraq and Afghanistan,] if the 
        annuitant is employed in a position for which there is 
        exceptional difficulty in recruiting or retaining a 
        qualified employee; or

           *       *       *       *       *       *       *

    [(2)(A) The authority of the Secretary to waive the 
application of subsections (a) through (d) for an annuitant 
pursuant to subparagraph (B) of paragraph (1), or to grant 
authority to the head of an Executive agency to waive the 
application of such subsections to an annuitant under such 
subparagraph, shall terminate on October 1, 2009. An annuitant 
reemployed pursuant to such authority prior to such termination 
date may be employed for a period ending not later than one 
year after such date.
    [(B) The authority of the Secretary to waive the 
application of subsections (a) through (d) for an annuitant 
pursuant to subparagraph (C)(i) of paragraph (1) shall 
terminate on September 30, 2009.
    [(C) The authority of the Secretary to waive the 
application of subsections (a) through (d) for an annuitant 
pursuant to subparagraph (C)(ii) of paragraph (1) shall 
terminate on September 30, 2009.]
    [(3)] (2) The Secretary should prescribe procedures for the 
exercise of any authority under paragraph (1)(B), including 
criteria for any exercise of authority and procedures for a 
delegation of authority.

           *       *       *       *       *       *       *

    Sec. 825. Voluntary Contributions.--(a) * * *
    (b) The benefits provided by subsection (a) (2), (3), or 
(4) shall be actuarially equivalent in value to the payment 
provided for by subsection (a)(1) and shall be calculated upon 
such tables of mortality as may be from time to time prescribed 
for this purpose by the [Secretary of the Treasury] Secretary 
of State.

           *       *       *       *       *       *       *


subchapter ii--foreign service pension system

           *       *       *       *       *       *       *


    Sec. 855. Entitlement to Annuity.--(a)(1) * * *

           *       *       *       *       *       *       *

    (3) For purposes of any annuity computation under this 
subsection, the average pay (as used in [section 8414] section 
8415 of title 5, United States Code) of any member of the 
Service whose official duty station [is outside the continental 
United States shall] 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), be considered to be the salary that would 
have been paid to the member had the member's official duty 
station been Washington, D.C., including locality-based 
comparability payments under section 5304 of title 5, United 
States Code, that would have been payable to the member if the 
member's official duty station had been Washington, D.C.

           *       *       *       *       *       *       *

    Sec. 856. Deductions and Withholdings From Pay.--(a)(1) * * 
*
    [(2) The applicable percentage under this subsection shall 
be as follows:


                                  [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.............  After January 11, 2003.]


    (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.

                                          

           *       *       *       *       *       *       *
    Sec. 859. General and Administrative Provisions.--(a) * * *

           *       *       *       *       *       *       *

    (c) At least every 5 years, the [Secretary of the Treasury] 
Secretary of State shall prepare periodic valuations of the 
Foreign Service Pension System [and shall advise the Secretary 
of State of] that will provide (1) the normal cost of the 
System, (2) the supplemental liability of the System, and (3) 
the amounts necessary to finance the costs of the System.

           *       *       *       *       *       *       *

                              ----------                              


          FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

DIVISION G--FOREIGN AFFAIRS REFORM AND RESTRUCTURING ACT OF 1998

           *       *       *       *       *       *       *


SUBDIVISION A--CONSOLIDATION OF FOREIGN AFFAIRS AGENCIES

           *       *       *       *       *       *       *


TITLE XIII--UNITED STATES INFORMATION AGENCY

           *       *       *       *       *       *       *


Chapter 4--CONFORMING AMENDMENTS

           *       *       *       *       *       *       *


SEC. 1334. SUNSET OF UNITED STATES ADVISORY COMMISSION ON PUBLIC 
                    DIPLOMACY.

    The United States Advisory Commission on Public Diplomacy, 
established under section 604 of the United States Information 
and Educational Exchange Act of 1948 (22 U.S.C. 1469) and 
section 8 of Reorganization Plan Numbered 2 of 1977, shall 
continue to exist and operate under such provisions of law 
until [October 1, 2009] October 1, 2011.

           *       *       *       *       *       *       *

                              ----------                              


     UNITED STATES INFORMATION AND EDUCATIONAL EXCHANGE ACT OF 1948



           *       *       *       *       *       *       *
TITLE VI--ADVISORY COMMISSIONS TO FORMULATE POLICIES

           *       *       *       *       *       *       *


SEC. 604. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.

    (a) Establishment.--(1) * * *
    (2) The Commission shall consist of seven members appointed 
by the President, by and with the advice and consent of the 
Senate. The members of the Commission shall represent the 
public interest and shall be selected from a cross section of 
educational, communications, cultural, scientific, technical, 
public service, labor, business, and professional backgrounds. 
Not more than four members shall be from any one political 
party. 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.

           *       *       *       *       *       *       *

    (c) Duties and Responsibilities.--(1) * * *
    [(2) The Commission shall submit to the Congress, the 
President, the Secretary of State, and the Director of the 
United States Information Agency annual reports on programs and 
activities carried out by the Agency, including appraisals, 
where feasible, as to the effectiveness of the several 
programs. The Commission shall also include in such reports 
such recommendations as shall have been made by the Commission 
to the Director for effectuating the purposes of the Agency, 
and the action taken to carry out such recommendations.]
    (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.

           *       *       *       *       *       *       *


TITLE VIII--ADMINISTRATIVE PROCEDURES

           *       *       *       *       *       *       *


                            BASIC AUTHORITY

    Sec. 804. In carrying out the provisions of this Act, the 
Secretary, or any Government agency authorized to administer 
such provisions, may--
            (1) employ, without regard to the civil service and 
        classification laws, aliens within the United States 
        and abroad for service in the United States relating to 
        the translation or narration of colloquial speech in 
        foreign languages or the preparation and production of 
        foreign language programs when suitably qualified 
        United States citizens (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) are not available when job 
        vacancies occur, and aliens so employed abroad may be 
        admitted to the United States, if otherwise qualified, 
        as nonimmigrants under section 101(a)(15) of the 
        Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) 
        for such time and under such conditions and procedures 
        as may be established by the Director of the United 
        States Information Agency and the Attorney General;

           *       *       *       *       *       *       *

                              ----------                              


           SPECIAL OLYMPICS SPORT AND EMPOWERMENT ACT OF 2004



           *       *       *       *       *       *       *
SEC. 3. ASSISTANCE FOR SPECIAL OLYMPICS.

    (a) * * *
    (b) International Activities.--The [Secretary of State] 
Secretary of State, acting through the Assistant Secretary of 
State for Educational and Cultural Affairs may award grants to, 
or enter into contracts or cooperative agreements with, Special 
Olympics to carry out the following:
            (1) Activities to increase the participation of 
        individuals with intellectual disabilities in Special 
        Olympics outside of the United States.

           *       *       *       *       *       *       *

                              ----------                              


        INTELLIGENCE REFORM AND TERRORISM PREVENTION ACT OF 2004



           *       *       *       *       *       *       *
TITLE VII--IMPLEMENTATION OF 9/11 COMMISSION RECOMMENDATIONS

           *       *       *       *       *       *       *


  Subtitle A--Diplomacy, Foreign Aid, and the Military in the War on 
Terrorism

           *       *       *       *       *       *       *


SEC. 7113. PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN 
                    PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE 
                    SCHOLARSHIPS.

    (a) * * *

           *       *       *       *       *       *       *

    (g) Report.--Not later than [April 15, 2006, and April 15, 
2008] June 15, 2010, and June 15, 2011, the Secretary of State 
shall submit to the [Committee on International Relations] 
Committee on Foreign Affairs of the House of Representatives 
and the Committee on Foreign Relations of the Senate a report 
on the program. The report shall assess the success of the 
program, examine any obstacles encountered in its 
implementation, and address whether it should be continued, and 
if so, provide recommendations to increase its effectiveness.
    (h) Funding.--There are authorized to be appropriated to 
the Secretary of State for each of the fiscal years [2007 and 
2008] 2010 and 2011, unless otherwise authorized by Congress, 
such sums as necessary to implement the program under this 
section.

           *       *       *       *       *       *       *

                              ----------                              


                VIETNAM EDUCATION FOUNDATION ACT OF 2000



           *       *       *       *       *       *       *
SEC. 202. PURPOSES.

    The purposes of this title are the following:
            (1) * * *

           *       *       *       *       *       *       *

            (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.

SEC. 203. DEFINITIONS.

    In this title:
            [(1) Board.--The term ``Board'' means the Board of 
        Directors of the Foundation.]
            [(2)] (1) Foundation.--The term ``Foundation'' 
        means the Vietnam Education Foundation established in 
        section 204.
            [(3)] (2) 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)).
            (3) Secretary.--The term ``Secretary'' means the 
        Secretary of State.

           *       *       *       *       *       *       *


[SEC. 204. ESTABLISHMENT.

    There is established the Vietnam Education Foundation as an 
independent establishment of the executive branch under section 
104 of title 5, United States Code.

[SEC. 205. BOARD OF DIRECTORS.

    [(a) In General.--The Foundation shall be subject to the 
supervision and direction of the Board of Directors, which 
shall consist of 13 members, as follows:
            [(1) Two members of the House of Representatives 
        appointed by the Speaker of the House of 
        Representatives, one of whom shall be appointed upon 
        the recommendation of the Majority Leader and one of 
        whom shall be appointed upon the recommendation of the 
        Minority Leader, and who shall serve as ex officio, 
        nonvoting members.
            [(2) Two members of the Senate, appointed by the 
        President pro tempore, one of whom shall be appointed 
        upon the recommendation of the Majority Leader and one 
        of whom shall be appointed upon the recommendation of 
        the Minority Leader, and who shall serve as ex officio, 
        nonvoting members.
            [(3) Secretary of State.
            [(4) Secretary of Education.
            [(5) Secretary of Treasury.
            [(6) Six members to be appointed by the President 
        from among individuals in the nongovernmental sector 
        who have academic excellence or experience in the 
        fields of concentration specified in section 202(1)(A) 
        or a general knowledge of Vietnam, not less than three 
        of whom shall be drawn from academic life.
    [(b) Rotation of Membership.--(1) The term of office of 
each member appointed under subsection (a)(6) shall be 3 years, 
except that of the members initially appointed under that 
subsection, two shall serve for terms of 1 year, two shall 
serve for terms of 2 years, and two shall serve for terms of 3 
years.
    [(2) A member of Congress appointed under subsection (a)(1) 
or (2) shall not serve as a member of the Board for more than a 
total of 6 years.
    [(3)(A) Any member appointed to fill a vacancy prior to the 
expiration of the term for which his or her predecessor was 
appointed shall be appointed for the remainder of such term.
    [(B) Upon the expiration of his or her term of office, any 
member may continue to serve until a successor is appointed.
    [(c) Chair.--The voting members of the Board shall elect 
one of the members appointed under subsection (a)(6) to serve 
as Chair.
    [(d) Meetings.--The Board shall meet upon the call of the 
Chair but not less frequently than twice each year. A majority 
of the voting members of the Board shall constitute a quorum.
    [(e) Duties.--The Board shall--
            [(1) provide overall supervision and direction of 
        the Foundation;
            [(2) establish criteria for the eligibility of 
        applicants, including criteria established by section 
        206(b), and for the selection of fellowship recipients; 
        and
            [(3) select the fellowship recipients.
    [(f) Compensation.--
            [(1) In general.--Except as provided in paragraphs 
        (2) and (3), each member of the Board shall serve 
        without compensation.
            [(2) Travel expenses.--The members of the Board 
        shall be allowed travel expenses, including per diem in 
        lieu of subsistence, at rates authorized for employees 
        of agencies under subchapter I of chapter 57 of title 
        5, United States Code, while away from their homes or 
        regular places of business in the performance of 
        service for the Board.
            [(3) Compensation of presidential appointees.--The 
        members of the Board appointed under subsection (a)(6) 
        shall be paid at the daily equivalent of the rate of 
        basic pay payable for positions at level V of the 
        Executive Schedule under section 5316 of title 5, 
        United States Code, for each day (including travel 
        time) during which the member is engaged in the actual 
        performance of duties as a Board member.
    [(g) Treatment of Presidential Appointees as Special 
Government Employees.--The members of the Board appointed under 
subsection (a)(6) shall be special Government employees, as 
defined in section 202(a) of title 18, United States Code.
    [(h) Travel Regulations.--Members of the Board shall be 
subject to the same travel regulations as apply to officers and 
employees of the Department of State.]

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'').

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).

SEC. 206. FELLOWSHIP PROGRAM.

    (a) Award of Fellowships.--
            (1) In general.--To carry out the purposes of this 
        title, the Foundation shall award fellowships to--
                    (A) Vietnamese nationals to study at 
                institutions of higher education in the United 
                States at graduate and post-graduate levels in 
                the following fields: physical sciences, 
                natural sciences, mathematics, environmental 
                sciences, medicine, [technology, and computer 
                sciences] academic computer science, public 
                policy, and academic and public management; and

           *       *       *       *       *       *       *


SEC. 208. FOUNDATION PERSONNEL MATTERS.

    (a) Appointment by [Board] Secretary.--There shall be an 
Executive Director of the Foundation who [shall be appointed] 
may be appointed by the [Board] Secretary without regard to the 
provisions of title 5, United States Code, or any regulation 
thereunder, governing appointment in the competitive service. 
The Executive Director shall be the Chief Executive Officer of 
the [Foundation and shall carry out] Foundation, serve the 
Advisory Committee, and carry out the functions of the 
Foundation subject to the supervision and direction of the 
[Board] Secretary. The Executive Director shall carry out such 
other functions consistent with the provisions of this title as 
the [Board] Secretary shall prescribe. [The decision to employ 
or terminate an Executive Director shall be made by an 
affirmative vote of at least six of the nine voting members of 
the Board.]

           *       *       *       *       *       *       *

    (d) Compensation.--The [Board] Secretary may fix the 
compensation of the Executive Director and other personnel 
without regard to the provisions of chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code, relating to 
classification of positions and General Schedule pay rates, 
except that the rate of pay for the Executive Director and 
other personnel may not exceed the rate payable for level IV of 
the Executive Schedule under section 5315 of such title.

SEC. 209. ADMINISTRATIVE PROVISIONS.

    (a) * * *
    (b) Annual Report.--The [Board] Secretary shall submit to 
the President and to the Committee on Foreign Relations of the 
Senate and the Committee on International Relations of the 
House of Representatives an annual report of the operations of 
the Foundation under this title, including the financial 
condition of the Foundation.

           *       *       *       *       *       *       *

                              ----------                              


          MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE ACT OF 1961



           *       *       *       *       *       *       *
    Sec. 112. (a) In order to carry out the purposes of this 
Act, there is established in the United States Information 
Agency, or in such appropriate agency of the United States as 
the President shall determine, a Bureau of Educational and 
Cultural Affairs (hereinafter in this section referred to as 
the ``Bureau''). The Bureau shall be responsible for managing, 
coordinating, and overseeing programs established pursuant to 
this Act, including but not limited to--
            (1) * * *

           *       *       *       *       *       *       *

            (8) the Samantha Smith Memorial Exchange Program 
        which advances understanding between the United States 
        and the independent states of the former Soviet Union 
        and between the United States and Eastern European 
        countries through the exchange of persons under the age 
        of 21 years and of students at an institution of higher 
        education (as defined in section 101 of the Higher 
        Education Act of 1965) who have not received their 
        initial baccalaureate degree or through other programs 
        designed to promote contact between the young peoples 
        of the United States, the independent states of the 
        former Soviet Union, and Eastern European countries; 
        [and]
            (9) the Arts America program which promotes a 
        greater appreciation and understanding of American art 
        abroad by supporting exhibitions and tours by American 
        artists in other countries[.]; and
            (10) programs administered by the Vietnam Education 
        Foundation.

           *       *       *       *       *       *       *

                              ----------                              


                  SECTION 1 OF THE ACT OF JUNE 4, 1920

          (Commonly known as the Passport Act of June 4, 1920)

    CHAP. 223.--An Act Making appropriations for the Diplomatic and 
       Consular Service for the fiscal year ending June 30, 1921.

                     FEES FOR PASSPPORTS AND VISES.

    Section 1. (a) * * *
    (b)(1) The Secretary of State may by regulation establish 
and collect a surcharge on applicable fees for the filing of 
each application for a passport in order to cover the costs of 
meeting the increased demand for passports as a result of 
actions taken to comply with section 7209(b) of the 
Intelligence Reform and Terrorism Prevention Act of 2004 
(Public Law 108-458; 8 U.S.C. 1185 note). Such surcharge shall 
be in addition to the fees provided for in subsection (a) and 
in addition to the surcharges or fees otherwise authorized by 
law and shall be deposited as an offsetting collection to the 
appropriate Department of State appropriation, to remain 
available until expended for the purposes of meeting such 
costs.
    [(2) The authority to collect the surcharge provided under 
paragraph (1) may not be exercised after September 30, 2010.]
    [(3)] (2) The Secretary of State shall ensure that, to the 
extent practicable, the total cost of a passport application 
during fiscal years 2006 and 2007, including the surcharge 
authorized under paragraph (1), shall not exceed the cost of 
the passport application as of December 1, 2005.
                              ----------                              


                    IMMIGRATION AND NATIONALITY ACT



           *       *       *       *       *       *       *
                         TITLE II--IMMIGRATION

Chapter 1--Selection System

           *       *       *       *       *       *       *


   ANNUAL ADMISSION OF REFUGEES AND ADMISSION OF EMERGENCY SITUATION 
                                REFUGEES

    Sec. 207. (a)(1) * * *
    (2) Except as provided in subsection (b), the number of 
refugees who may be admitted under this section in any fiscal 
year after fiscal year 1982 shall be such number as the 
President determines, before the beginning of the fiscal year 
and after appropriate consultation, is justified by 
humanitarian concerns or is otherwise in the national interest. 
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.

           *       *       *       *       *       *       *

    (e) For purposes of this section, the term ``appropriate 
consultation'' means, with respect to the admission of refugees 
and allocation of refugee admissions, [discussions in person] 
discussions in person, to be commenced not later than June 1 of 
each year, by designated Cabinet-level representatives of the 
President with members of the Committees on the Judiciary of 
the Senate and of the House of Representatives to review the 
refugee situation or emergency refugee situation, to project 
the extent of possible participation of the United States 
therein, to discuss the reasons for believing that the proposed 
admission of refugees is justified by humanitarian concerns or 
grave humanitarian concerns or is otherwise in the national 
interest, and to provide such members with the following 
information:
            (1) * * *

           *       *       *       *       *       *       *

                              ----------                              


              MIGRATION AND REFUGEE ASSISTANCE ACT OF 1962



           *       *       *       *       *       *       *
    Sec. 2. (a) * * *

           *       *       *       *       *       *       *

    (c)(1) Whenever the [President] Secretary of State 
determines it to be important to the national interest he is 
authorized to furnish on such terms and conditions as he may 
determine assistance under this Act for the purpose of meeting 
unexpected urgent refugee and migration needs.
    (2) There is established a United States Emergency Refugee 
and Migration Assistance Fund to carry out the purposes of this 
section. There is authorized to be appropriated [to the 
President] from time to time such amounts as may be necessary 
for the fund to carry out the purposes of this section, except 
that no amount of funds may be appropriated which, when added 
to amounts previously appropriated but not yet obligated, would 
cause such amounts to exceed [$100,000,000] $200,000,000. 
Amounts appropriated hereunder shall remain available until 
expended.

           *       *       *       *       *       *       *

    (d) The [President] Secretary of State shall keep the 
appropriate committees of Congress currently informed of the 
use of funds and the exercise of functions authorized in this 
chapter.

           *       *       *       *       *       *       *

                              ----------                              


                       TIBETAN POLICY ACT OF 2002



           *       *       *       *       *       *       *
DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 2003

           *       *       *       *       *       *       *


TITLE VI--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


Subtitle B--Tibet Policy

           *       *       *       *       *       *       *


SEC. 613. TIBET NEGOTIATIONS.

    (a) Policy.--
            (1) In general.--The President and the Secretary 
        should encourage the Government of the People's 
        Republic of China to enter into a dialogue with the 
        Dalai Lama or his representatives leading to a 
        negotiated agreement on Tibet and should coordinate 
        with other governments in multilateral efforts toward 
        this goal.
            (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.
            [(2)] (3) Compliance.--After such an agreement is 
        reached, the President and the Secretary should work to 
        ensure compliance with the agreement.

           *       *       *       *       *       *       *


SEC. 616. ECONOMIC DEVELOPMENT IN TIBET.

    (a) * * *

           *       *       *       *       *       *       *

    (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).
    [(d)] (e) Tibet Project Principles.--Projects in Tibet 
supported by international financial institutions, other 
international organizations, nongovernmental organizations, and 
the United States entities referred to in subsection (c), 
should--
            (1) * * *

           *       *       *       *       *       *       *


[SEC. 618. ESTABLISHMENT OF A UNITED STATES BRANCH OFFICE IN LHASA, 
                    TIBET.

    [The Secretary should make best efforts to establish an 
office in Lhasa, Tibet, to monitor political, economic, and 
cultural developments in Tibet.]

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.

           *       *       *       *       *       *       *


SEC. 620. RELIGIOUS PERSECUTION IN TIBET.

    (a) * * *
    (b) Promotion of Increased Advocacy.--Pursuant to section 
108(a) of the International Religious Freedom Act of 1998 (22 
U.S.C. 6417(a)), it is the sense of Congress that 
representatives of the United States Government in exchanges 
with officials of the Government of the People's Republic of 
China should call for and otherwise promote the cessation of 
all interference by the Government of the People's Republic of 
China or the Communist Party in the religious affairs of the 
Tibetan people, including the reincarnation system of Tibetan 
Buddhism.

SEC. 621. UNITED STATES SPECIAL COORDINATOR FOR TIBETAN ISSUES.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Duties and Responsibilities.--The Special Coordinator 
shall--
            (1) * * *

           *       *       *       *       *       *       *

            (5) make efforts to establish contacts in the 
        foreign ministries of other countries to pursue a 
        negotiated solution for Tibet; [and]
            (6) review and approve all projects carried out 
        pursuant to section 616(d); and
            [(6)] (7) take all appropriate steps to ensure 
        adequate resources, staff, and bureaucratic support to 
        fulfill the duties and responsibilities of the Special 
        Coordinator.
    (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).

           *       *       *       *       *       *       *

                              ----------                              


                    ARMS CONTROL AND DISARMAMENT ACT



           *       *       *       *       *       *       *
                      TITLE IV--GENERAL PROVISIONS

                           GENERAL AUTHORITY

    Sec. 401. In addition to any authorities otherwise 
available, the Secretary of State in the performance of 
functions under this Act is authorized to--
    (a) * * *

           *       *       *       *       *       *       *

    (d) procure services of experts and consultants or 
organizations thereof, including stenographic reporting 
services, as authorized by section 3109 of title 5 of the 
United States Code, and to pay in connection therewith travel 
expenses of individuals, including transportation and per diem 
in lieu of subsistence while away from their homes or regular 
places of business, as authorized by section 5703 of such 
title: Provided, That no such individual shall be employed for 
more than 130 days in any fiscal year unless [the President] 
the Secretary of State certifies that employment of such 
individual in excess of such number of days is necessary in the 
national interest: And provided further, That such contracts 
may be renewed annually;

           *       *       *       *       *       *       *

                              ----------                              


ADMIRAL JAMES W. NANCE AND MEG DONOVAN FOREIGN RELATIONS AUTHORIZATION 
                    ACT, FISCAL YEARS 2000 AND 2001



           *       *       *       *       *       *       *
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) * * *
    (b) Table of Contents.--The table of contents for this Act 
is as follows:

Sec. 1.  Short title.
     * * * * * * *

  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
                               PROVISIONS

     * * * * * * *

               TITLE XI--ARMS CONTROL AND NONPROLIFERATION

     * * * * * * *

                        Subtitle A--Arms Control

   Chapter 1--Effective Verification of Compliance With Arms Control 
                               Agreements

Sec. 1111. Key Verification Assets Fund.
[Sec. 1112. Assistant Secretary of State for Verification and 
          Compliance.]

           *       *       *       *       *       *       *


  DIVISION B--ARMS CONTROL, NONPROLIFERATION, AND SECURITY ASSISTANCE 
PROVISIONS

           *       *       *       *       *       *       *


TITLE XI--ARMS CONTROL AND NONPROLIFERATION

           *       *       *       *       *       *       *


                        Subtitle A--Arms Control

   CHAPTER 1--EFFECTIVE VERIFICATION OF COMPLIANCE WITH ARMS CONTROL 
AGREEMENTS

           *       *       *       *       *       *       *


[SEC. 1112. ASSISTANT SECRETARY OF STATE FOR VERIFICATION AND 
                    COMPLIANCE.

    [(a) Designation of Position.--The Secretary of State shall 
designate one of the Assistant Secretaries of State authorized 
by section 1(c)(1) of the State Department Basic Authorities 
Act of 1956 (22 U.S.C. 2651a(c)(1)) as the Assistant Secretary 
of State for Verification and Compliance. The Assistant 
Secretary shall report to the Under Secretary of State for Arms 
Control and International Security.
    [(b) Directive Governing the Assistant Secretary of 
State.--
            [(1) In general.--Not later than 30 days after the 
        date of enactment of this Act, the Secretary of State 
        shall issue a directive governing the position of the 
        Assistant Secretary.
            [(2) Elements of the directive.--The directive 
        issued under paragraph (1) shall set forth, consistent 
        with this section--
                    [(A) the duties of the Assistant Secretary;
                    [(B) the relationships between the 
                Assistant Secretary and other officials of the 
                Department of State;
                    [(C) any delegation of authority from the 
                Secretary of State to the Assistant Secretary; 
                and
                    [(D) such matters as the Secretary 
                considers appropriate.
    [(c) Duties.--
            [(1) In general.--The Assistant Secretary shall 
        have as his principal responsibility the overall 
        supervision (including oversight of policy and 
        resources) within the Department of State of all 
        matters relating to verification and compliance with 
        international arms control, nonproliferation, and 
        disarmament agreements or commitments.
            [(2) Participation of the assistant secretary.--
                    [(A) Primary role.--Except as provided in 
                subparagraphs (B) and (C), the Assistant 
                Secretary, or his designee, shall participate 
                in all interagency groups or organizations 
                within the executive branch of Government that 
                assess, analyze, or review United States 
                planned or ongoing policies, programs, or 
                actions that have a direct bearing on 
                verification or compliance matters, including 
                interagency intelligence committees concerned 
                with the development or exploitation of 
                measurement or signals intelligence or other 
                national technical means of verification.
                    [(B) Requirement for designation.--
                Subparagraph (A) shall not apply to groups or 
                organizations on which the Secretary of State 
                or the Undersecretary of State for Arms Control 
                and International Security sits, unless such 
                official designates the Assistant Secretary to 
                attend in his stead.
                    [(C) National security limitation.--
                            [(i) Waiver by president.--The 
                        President may waive the provisions of 
                        subparagraph (A) if inclusion of the 
                        Assistant Secretary would not be in the 
                        national security interests of the 
                        United States.
                            [(ii) Waiver by others.--With 
                        respect to an interagency group or 
                        organization, or meeting thereof, 
                        working with exceptionally sensitive 
                        information contained in compartments 
                        under the control of the Director of 
                        Central Intelligence, the Secretary of 
                        Defense, or the Secretary of Energy, 
                        such Director or Secretary, as the case 
                        may be, may waive the provision of 
                        subparagraph (A) if inclusion of the 
                        Assistant Secretary would not be in the 
                        national security interests of the 
                        United States.
                            [(iii) Transmission of waiver to 
                        congress.--Any waiver of participation 
                        under clause (i) or (ii) shall be 
                        transmitted in writing to the 
                        appropriate committees of Congress.
            [(3) Relationship to the intelligence community.--
        The Assistant Secretary shall be the principal policy 
        community representative to the intelligence community 
        on verification and compliance matters.
            [(4) Reporting responsibilities.--The Assistant 
        Secretary shall have responsibility within the 
        Department of State for--
                    [(A) all reports required pursuant to 
                section 306 of the Arms Control and Disarmament 
                Act (22 U.S.C. 2577);
                    [(B) so much of the report required under 
                paragraphs (4) through (6) of section 403(a) of 
                the Arms Control and Disarmament Act (22 U.S.C. 
                2593a(a)(4) through (6)) as relates to 
                verification or compliance matters;
                    [(C) so much of the reports required under 
                section 104 of the Henry J. Hyde United States-
                India Peaceful Atomic Energy Cooperation Act of 
                2006 as relates to verification or compliance 
                matters; and
                    [(D) other reports being prepared by the 
                Department of State as of the date of enactment 
                of this Act relating to arms control, 
                nonproliferation, or disarmament verification 
                or compliance matters.]
                              ----------                              


                      TITLE 5, UNITED STATES CODE



           *       *       *       *       *       *       *
PART III--EMPLOYEES

           *       *       *       *       *       *       *


SUBPART D--PAY AND ALLOWANCES

           *       *       *       *       *       *       *


CHAPTER 53--PAY RATES AND SYSTEMS

           *       *       *       *       *       *       *


SUBCHAPTER II--EXECUTIVE SCHEDULE PAY RATES

           *       *       *       *       *       *       *


Sec. 5315. Positions at level IV

    Level IV of the Executive Schedule applies to the following 
positions, for which the annual rate of basic pay shall be the 
rate determined with respect to such level under chapter 11 of 
title 2, as adjusted by section 5318 of this title:
            Deputy Administrator of General Services.

           *       *       *       *       *       *       *

            Chief Executive Officer, Senator Paul Simon Study 
        Abroad Foundation.

           *       *       *       *       *       *       *


CHAPTER 55--PAY ADMINISTRATION

           *       *       *       *       *       *       *


SUBCHAPTER V--PREMIUM PAY

           *       *       *       *       *       *       *


Sec. 5550b. Compensatory time off for travel

    (a) * * *

           *       *       *       *       *       *       *

    (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).

           *       *       *       *       *       *       *

                              ----------                              


         FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEAR 2003



           *       *       *       *       *       *       *
DIVISION DIVISION A--DEPARTMENT OF STATE AUTHORIZATION ACT, FISCAL YEAR 
2003

           *       *       *       *       *       *       *


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

           *       *       *       *       *       *       *


Subtitle B--Personnel Matters

           *       *       *       *       *       *       *


SEC. 324. REPORT CONCERNING MINORITY EMPLOYMENT.

    (a) Report on Minority Groups and Women.--On [April 1, 
2003, and April 1, 2004,] April 1, 2010, and April 1, 2011, the 
Secretary shall submit a comprehensive report to Congress, with 
respect to the preceding calendar year, concerning the 
employment of members of minority groups at the Department, 
including the Civil Service and the Foreign Service. The report 
shall include the following data (reported in terms of real 
numbers and percentages and not as ratios):
            (1) For the last preceding Foreign Service 
        examination and promotion cycles for which such 
        information is available--
                    (A) the numbers and percentages of members 
                of all [minority groups] minority groups and 
                women taking the written Foreign Service 
                examination;
                    (B) the numbers and percentages of members 
                of all [minority groups] minority groups and 
                women successfully completing and passing the 
                written Foreign Service examination;
                    (C) the numbers and percentages of members 
                of all [minority groups] minority groups and 
                women successfully completing and passing the 
                oral Foreign Service examination;
                    (D) the numbers and percentages of members 
                of all [minority groups] minority groups and 
                women entering the junior officer class of the 
                Foreign Service;
                    (E) the numbers and percentages of members 
                of all [minority groups] minority groups and 
                women who are Foreign Service officers at each 
                grade; and
                    (F) the numbers and percentages of members 
                of all [minority groups] minority groups and 
                women promoted to each grade of the Foreign 
                Service.
            (2) For the last preceding year for Civil Service 
        employment at the Department for which such information 
        is available--
                    (A) numbers and percentages of members of 
                all [minority groups] minority groups and women 
                entering the Civil Service;
                    (B) the number and percentages of members 
                of all [minority groups] minority groups and 
                women who are Civil Service employees at each 
                grade of the Civil Service; and
                    (C) the number of and percentages of 
                members of all [minority groups] minority 
                groups and women promoted at each grade of the 
                Civil Service.

           *       *       *       *       *       *       *

    (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) 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.

           *       *       *       *       *       *       *


TITLE V--UNITED STATES INTERNATIONAL BROADCASTING ACTIVITIES

           *       *       *       *       *       *       *


SEC. 504. PERSONAL SERVICES CONTRACTING [PILOT] PROGRAM.

    (a) In General.--The Director of the International 
Broadcasting Bureau (in this section referred to as the 
``Director'') 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, without regard to Civil Service and classification 
laws, for service in the United States as broadcasters and 
other broadcasting specialists in the International 
Broadcasting Bureau to respond to new or emerging broadcast 
needs or to augment broadcast services. 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.
    (b) Conditions.--The Director is authorized to use the 
authority of subsection (a) subject to the following 
conditions:
            (1) * * *

           *       *       *       *       *       *       *

            (4) Not more than a total of [60] 200 United States 
        citizens or aliens are employed at any one time as 
        personal services contractors under the program.
            (5) The annual salary rate for personal services 
        contractors may not exceed the rate for level IV of the 
        Executive Schedule.
    (c) Termination of Authority.--The authority to award 
personal services contracts under the pilot program authorized 
by this section shall terminate on December 31, [2009] 2011. A 
contract entered into prior to the termination date under this 
subsection may remain in effect for a period not to exceed 6 
months after such termination date.

           *       *       *       *       *       *       *

                              ----------                              


                     FOREIGN ASSISTANCE ACT OF 1961



           *       *       *       *       *       *       *
                                 PART I

Chapter 1--Policy; Development Assistance Authorizations

           *       *       *       *       *       *       *


    Sec. 116. Human Rights.--(a) * * *

           *       *       *       *       *       *       *

    (d) The Secretary of State shall transmit to the Speaker of 
the House of Representatives and the Committee on Foreign 
Relations of the Senate, by February 25 of each year, a full 
and complete report regarding--
            (1) * * *

           *       *       *       *       *       *       *

            (10) for each country with respect to which the 
        report indicates that extrajudicial killings, torture, 
        or other serious violations of human rights have 
        occurred in the country, the extent to which the United 
        States has taken or will take action to encourage an 
        end to such practices in the country; [and]
            (11)(A) * * *
            (B) what steps, if any, taken by the government of 
        the country to eliminate such practices; [and]
            (C) such other information related to the use by 
        such government of individuals under the age of 18 as 
        soldiers, as determined to be appropriate by the 
        Secretary[.]; 
            (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
            (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.

           *       *       *       *       *       *       *

    (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.

           *       *       *       *       *       *       *


SEC. 133. PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.

    (a) * * *

           *       *       *       *       *       *       *

    (d) Biennial Reports.--
            (1) * * *
            (2) Required contents.--The report required by 
        paragraph (1) shall contain the following information 
        with respect to each country described in paragraph 
        (1):
                    (A) * * *

           *       *       *       *       *       *       *

                    (C) An analysis of major actions taken by 
                the government of the country to combat 
                corruption and improve transparency and 
                accountability in the country, 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.

           *       *       *       *       *       *       *


                                PART II

Chapter 1--Policy

           *       *       *       *       *       *       *


    Sec. 502B. Human Rights.--(a) * * *
    (b) The Secretary of State shall transmit to the Congress, 
as part of the presentation materials for security assistance 
programs proposed for each fiscal year, a full and complete 
report, prepared with the assistance of the Assistant Secretary 
of State for Democracy, Human Rights, and Labor and with the 
assistance of the Ambassador at Large for International 
Religious Freedom, with respect to practices regarding the 
observance of and respect for internationally recognized human 
rights in each country proposed as a recipient of security 
assistance. Wherever applicable, such report shall include 
consolidated information regarding the commission of war 
crimes, crimes against humanity, and evidence of acts that may 
constitute genocide (as defined in article 2 of the Convention 
on the Prevention and Punishment of the Crime of Genocide and 
modified by the United States instrument of ratification to 
that convention and section 2(a) of the Genocide Convention 
Implementation Act of 1987). Wherever applicable, such report 
shall include information on practices regarding coercion in 
population control, including coerced abortion and involuntary 
sterilization. Such report shall also include, wherever 
applicable, information on violations of religious freedom, 
including particularly severe violations of religious freedom 
(as defined in section 3 of the International Religious Freedom 
Act of 1998). Wherever applicable, a description of the nature 
and extent of acts of anti-Semitism and anti-Semitic incitement 
that occur, including the descriptions of such acts required 
under section 116(d)(8). Such report shall also include, for 
each country with respect to which the report indicates that 
extrajudicial killings, torture, or other serious violations of 
human rights have occurred in the country, the extent to which 
the United States has taken or will take action to encourage an 
end to such practices in the country. Each report under this 
section shall list the votes of each member of the United 
Nations Commission on Human Rights on all country-specific and 
thematic resolutions voted on at the Commission's annual 
session during the period covered during the preceding year. 
Each report under this section shall describe the extent to 
which each country has extended protection to refugees, 
including the provision of first asylum and resettlement. 
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. Each report 
under this section shall also include (i) wherever applicable, 
a description of the nature and extent of the compulsory 
recruitment and conscription of individuals under the age of 18 
by armed forces of the government of the country, government-
supported paramilitaries, or other armed groups, the 
participation of such individuals in such groups, and the 
nature and extent that such individuals take a direct part in 
hostilities, (ii) what steps, if any, taken by the government 
of the country to eliminate such practices, and (iii) such 
other information related to the use by such government of 
individuals under the age of 18 as soldiers, as determined to 
be appropriate by the Secretary of State. In determining 
whether a government falls within the provisions of subsection 
(a)(3) and in the preparation of any report or statement 
required under this section, consideration shall be given to--
            (1) * * *

           *       *       *       *       *       *       *

    (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.
    (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.

Chapter 2--Military Assistance

           *       *       *       *       *       *       *


    Sec. 514. Stockpiling of Defense Articles for Foreign 
Countries.--(a) * * *
    (b)(1) * * *
    (2)(A) The value of such additions to stockpiles of defense 
articles in foreign countries shall not exceed $200,000,000 for 
each of [fiscal years 2007 and 2008] fiscal years 2010 and 
2011.

           *       *       *       *       *       *       *


SEC. 516. AUTHORITY TO TRANSFER EXCESS DEFENSE ARTICLES.

    (a) * * *

           *       *       *       *       *       *       *

    (e) Transportation and Related Costs.--
            (1) In general.--Except as provided in [paragraph 
        (2)] paragraphs (2) and (3), funds available to the 
        Department of Defense may not be expended for crating, 
        packing, handling, and transportation of excess defense 
        articles transferred under the authority of this 
        section.
            (2) [Exception] General exception.--The President 
        may provide for the transportation of excess defense 
        articles without charge to a country for the costs of 
        such transportation if--
                    (A) * * *

           *       *       *       *       *       *       *

            (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.

           *       *       *       *       *       *       *


CHAPTER 3--MISCELLANEOUS PROVISIONS

           *       *       *       *       *       *       *


SEC. 655. ANNUAL MILITARY ASSISTANCE REPORT.

    (a) * * *
    (b) Information Relating to Military Assistance and 
Military Exports.--Each such report shall show the aggregate 
dollar value and quantity of defense articles (including excess 
defense articles), defense services, and international military 
education and training activities authorized by the United 
States and of such articles, services, and activities provided 
by the United States, excluding any activity that is reportable 
under title V of the National Security Act of 1947, to each 
foreign country and international organization. The report 
shall specify, by category, whether such defense articles--
            (1) * * *
            (2) were furnished with the financial assistance of 
        the United States Government, including through loans 
        and guarantees; [or]
            (3) were licensed for export under section 38 of 
        the Arms Export Control Act and, if so, a specification 
        of those defense articles that were exported during the 
        fiscal year covered by the report, including, in the 
        case of defense articles that are firearms controlled 
        under category I of the United States Munitions List, a 
        statement of the aggregate dollar value and quantity of 
        semiautomatic assault weapons, or spare parts for such 
        weapons, the manufacture, transfer, or possession of 
        which is unlawful under section 922 of title 18, United 
        States Code, that were licensed for export during the 
        period covered by the report[.]; or
            (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.

           *       *       *       *       *       *       *

                              ----------                              


 SECTION 404 OF THE FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 
                             1994 AND 1995

SEC. 404. ASSESSED CONTRIBUTIONS FOR UNITED NATIONS 
                    PEACEKEEPINGOPERATIONS.

    (a) * * *
    (b) Limitation on United States Contributions.--
            (1) * * *
            (2) Subsequent fiscal years.--
                    (A) * * *
                    (B) Reduction in United States share of 
                assessed contributions.--Notwithstanding the 
                percentage limitation contained in subparagraph 
                (A), the United States share of assessed 
                contributions for each United Nations 
                peacekeeping operation during the following 
                periods is authorized to be as follows:
                            (i) * * *

           *       *       *       *       *       *       *

                            (vi) For assessments made during 
                        calendar years 2009, 2010, and 2011, 
                        27.1 percent.
                              ----------                              


          UNITED STATES INTERNATIONAL BROADCASTING ACT OF 1994



           *       *       *       *       *       *       *
        TITLE III--UNITED STATES INTERNATIONAL BROADCASTING ACT

SEC. 308. LIMITS ON GRANTS FOR RADIO FREE EUROPE AND RADIO LIBERTY.

    (a) * * *

           *       *       *       *       *       *       *

    (h) Prohibited Uses of Grant Funds.--No grant funds 
provided under this section may be used for the following 
purposes:
            (1)(A) * * *

           *       *       *       *       *       *       *

            (C) Notwithstanding the limitations under 
        subparagraph (A), grant funds provided under this 
        section may be used by RFE/RL, Incorporated, to pay up 
        to three employees employed in Washington, D.C. and one 
        employee abroad, salary or other compensation not to 
        exceed the rate of pay payable for level [III] II of 
        the Executive Schedule under section [5314] 5313 of 
        title 5, United States Code.

           *       *       *       *       *       *       *


SEC. 309. RADIO FREE ASIA.

    (a) * * *

           *       *       *       *       *       *       *

    (c) Submission of Detailed Plan for Radio Free Asia.--
            (1) * * *
            (2) Any grant agreement under this section shall 
        require that any contract entered into by Radio Free 
        Asia shall specify that all obligations are assumed by 
        Radio Free Asia and not by the United States 
        Government[, and shall further specify that funds to 
        carry out the activities of Radio Free Asia may not be 
        available after September 30, 2010].

           *       *       *       *       *       *       *

    [(f) Sunset Provision.--The Board may not make any grant 
for the purpose of operating Radio Free Asia after September 
30, 2009.]
    [(g)] (f) Notification and Consultation Regarding 
Displacement of Voice of America Broadcasting.--The Board shall 
notify the appropriate congressional committees before entering 
into any agreements for the utilization of Voice of America 
transmitters, equipment, or other resources that will 
significantly reduce the broadcasting activities of the Voice 
of America in Asia or any other region in order to accommodate 
the broadcasting activities of Radio Free Asia. The Chairman of 
the Board shall consult with such committees on the impact of 
any such reduction in Voice of America broadcasting activities.
    [(h)] (g) Notification and Consultation Regarding 
Displacement of Voice of America Broadcasting.--The Board shall 
notify the appropriate congressional committees before entering 
into any agreements for the utilization of Voice of America 
transmitters, equipment, or other resources that will 
significantly reduce the broadcasting activities of the Voice 
of America in Asia or any other region in order to accommodate 
the broadcasting activities of Radio Free Asia. The Chairman of 
the Board shall consult with such committees on the impact of 
any such reduction in Voice of America broadcasting activities.

           *       *       *       *       *       *       *

                              ----------                              


                            PEACE CORPS ACT

TITLE I--THE PEACE CORPS

           *       *       *       *       *       *       *


                             authorization

    Sec. 3. (a) * * *
    (b)(1) There are authorized to be appropriated to carry out 
the purposes of this Act [$270,000,000 for fiscal year 2000, 
$298,000,000 for fiscal year 2001, $327,000,000 for fiscal year 
2002, and $365,000,000 for fiscal year 2003.] $450,000,000 for 
fiscal year 2010 and such sums as may be necessary for fiscal 
year 2011.

           *       *       *       *       *       *       *


        director of the peace corps and delegation of functions

    Sec. 4. (a) * * *

           *       *       *       *       *       *       *

    (c)(1) * * *
    [(2) The President shall prescribe appropriate procedures 
to assure coordination of Peace Corps activities with other 
activities of the United States Government in each country, 
under the leadership of the chief of the United States 
diplomatic mission.]
    (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.

           *       *       *       *       *       *       *


                         peace corps volunteers

    Sec. 5. (a) * * *

           *       *       *       *       *       *       *

    (c) Volunteers shall be entitled to receive a readjustment 
allowance at a rate not less than [$125] $225 for each month of 
satisfactory service as determined by the President. The 
readjustment allowance of each volunteer shall be payable on 
his return to the United States: Provided, however, That, under 
such circumstances as the President may determine, the accrued 
readjustment allowance, or any part thereof, may be paid to the 
volunteer, members of his family or others, during the period 
of his service, or prior to his return to the United States. In 
the event of the volunteer's death during the period of his 
service, the amount of any unpaid readjustment allowance shall 
be paid in accordance with the provisions of section 5582(b) of 
title 5, United States Code. For purposes of the Internal 
Revenue Code of 1954 (26 U.S.C.), a volunteer shall be deemed 
to be paid and to receive each amount of a readjustment 
allowance to which he is entitled after December 31, 1964, when 
such amount is transferred from funds made available under this 
Act to the fund from which such readjustment allowance is 
payable.

           *       *       *       *       *       *       *


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.

           *       *       *       *       *       *       *

                              ----------                              


              SECTION 9101 OF TITLE 31, UNITED STATES CODE

Sec. 9101. Definitions

    In this chapter--
            (1) * * *

           *       *       *       *       *       *       *

            (3) ``wholly owned Government corporation'' means--
                    (A) * * *

           *       *       *       *       *       *       *

                    (S) the Senator Paul Simon Study Abroad 
                Foundation.

           *       *       *       *       *       *       *

                              ----------                              


                        ARMS EXPORT CONTROL ACT



           *       *       *       *       *       *       *
    Chapter 1.--FOREIGN AND NATIONAL SECURITY POLICY OBJECTIVES AND 
RESTRAINTS

           *       *       *       *       *       *       *


    Sec. 3. Eligibility.--(a) * * *
    (b) The consent of the President under paragraph (2) of 
subsection (a) or under paragraph (1) of section 505(a) of the 
Foreign Assistance Act of 1961 (as it relates to subparagraph 
(B) of such paragraph) shall not be required for the transfer 
by a foreign country or international organization of defense 
articles sold by the United States under this Act if--
            (1) * * *
            (2) the recipient is the government of a member 
        country of the North Atlantic Treaty Organization, the 
        Government of Australia, the Government of Japan, the 
        Government of the Republic of Korea, the Government of 
        Israel, or the Government of New Zealand;

           *       *       *       *       *       *       *

    (d)(1) * * *
    (2)(A) * * *
    (B) In the case of a proposed transfer to the North 
Atlantic Treaty Organization, or any member country of such 
Organization, Japan, Australia, the Republic of Korea, Israel, 
or New Zealand, unless the President states in the 
certification submitted pursuant to paragraph (1) of this 
subsection that an emergency exists which requires that consent 
to the proposed transfer become effective immediately in the 
national security interests of the United States, such consent 
shall not become effective until fifteen calendar days after 
the date of such submission and such consent shall become 
effective then only if the Congress does not enact, within such 
fifteen-day period, a joint resolution prohibiting the proposed 
transfer.

           *       *       *       *       *       *       *

    (3)(A) Subject to paragraph (5), the President may not give 
his consent to the transfer of any major defense equipment 
valued (in terms of its original acquisition cost) at 
$14,000,000 or more, or of any defense article or defense 
service valued (in terms of its original acquisition cost) at 
$50,000,000 or more, the export of which has been licensed or 
approved under section 38 of this Act, unless before giving 
such consent the President submits to the Speaker of the House 
of Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate a certification containing the 
information specified in subparagraphs (A) through (E) of 
paragraph (1). Such certification shall be submitted--
            (i) at least 15 calendar days before such consent 
        is given in the case of a transfer to a country which 
        is a member of the North Atlantic Treaty Organization 
        or Australia, Japan, the Republic of Korea, Israel, or 
        New Zealand; and

           *       *       *       *       *       *       *

    (5) In the case of a transfer to a member country of the 
North Atlantic Treaty Organization (NATO) or Australia, Japan, 
the Republic of Korea, Israel, or New Zealand that does not 
authorize a new sales territory that includes any country other 
than such countries, the limitations on consent of the 
President set forth in paragraphs (1) and (3)(A) shall apply 
only if the transfer is--
            (A) * * *

           *       *       *       *       *       *       *


           Chapter 2.--FOREIGN MILITARY SALES AUTHORIZATIONS

    Sec. 21. Sales From Stocks.--(a) * * *

           *       *       *       *       *       *       *

    (e)(1) * * *
    (2)(A) The President may reduce or waive the charge or 
charges which would otherwise be considered appropriate under 
paragraph (1)(B) for particular sales that would, if made, 
significantly advance United States Government Arms Export 
interests in North Atlantic Treaty Organization 
standardization, standardization with the Armed Forces of 
Japan, Australia, the Republic of Korea, Israel, or New Zealand 
in furtherance of the mutual defense treaties between the 
United States and those countries, or foreign procurement in 
the United States under coproduction arrangements.

           *       *       *       *       *       *       *

    Sec. 25. Annual Estimate and Justification for Sales 
Program.--(a) Except as provided in subsection (d) of this 
section, no later than February 1 of each year, the President 
shall transmit to the appropriate congressional committees, as 
a part of the annual presentation materials for security 
assistance programs proposed for the next fiscal year, a report 
which sets forth--
            (1) an Arms Sales Proposal covering all sales and 
        licensed commercial exports under this Act of major 
        weapons or weapons-related defense equipment for 
        $7,000,000 or more, or of any other weapons or weapons-
        related defense equipment for $25,000,000 or more, 
        which are considered eligible for approval during the 
        current calendar year[, together with an indication of 
        which sales and licensed commercial exports] and are 
        deemed most likely actually to result in the issuance 
        of a letter of offer or of an export license during 
        such year;

           *       *       *       *       *       *       *


Chapter 3.--MILITARY EXPORT CONTROLS

           *       *       *       *       *       *       *


    Sec. 36. Reports on Commercial and Governmental Military 
Exports; Congressional Action.--(a) * * *
    (b)(1) Subject to paragraph (6), in the case of any letter 
of offer to sell any defense articles or services under this 
Act for [$50,000,000] $100,000,000 or more, any design and 
construction services for [$200,000,000] $300,000,000 or more, 
or any major defense equipment for [$14,000,000] $25,000,000 or 
more, before such letter of offer is issued, the President 
shall submit to the Speaker of the House of Representatives and 
to the chairman of the Committee on Foreign Relations of the 
Senate a numbered certification with respect to such offer to 
sell containing the information specified in clauses (i) 
through (iv) of subsection (a), or (in the case of a sale of 
design and construction services) the information specified in 
clauses (A) through (D) of paragraph (9) of subsection (a), and 
a description, containing the information specified in 
paragraph (8) of subsection (a), of any contribution, gift, 
commission, or fee paid or offered or agreed to be paid in 
order to solicit, promote, or otherwise to secure such letter 
of offer. Such numbered certifications shall also contain an 
item, classified if necessary, identifying the sensitivity of 
technology contained in the defense articles, defense services, 
or design and construction services proposed to be sold, and a 
detailed justification of the reasons necessitating the sale of 
such articles or services in view of the sensitivity of such 
technology. In a case in which such articles or services listed 
on the Missile Technology Control Regime Annex are intended to 
support the design, development, or production of a Category I 
space launch vehicle system (as defined in section 74), such 
report shall include a description of the proposed export and 
rationale for approving such export, including the consistency 
of such export with United States missile nonproliferation 
policy. Each such numbered certification shall contain an item 
indicating whether any offset agreement is proposed to be 
entered into in connection with such letter of offer to sell 
(if known on the date of transmittal of such certification). In 
addition, the President shall, upon the request of such 
committee or the Committee on Foreign Affairs of the House of 
Representatives, transmit promptly to both such committees a 
statement setting forth, to the extent specified in such 
request--
            (A) * * *

           *       *       *       *       *       *       *

A certification transmitted pursuant to this subsection shall 
be unclassified, except that the information specified in 
clause (ii) and the details of the description specified in 
clause (iii) of subsection (a) may be classified if the public 
disclosure thereof would be clearly detrimental to the security 
of the United States, in which case the information shall be 
accompanied by a description of the damage to the national 
security that could be expected to result from public 
disclosure of the information. [The letter of offer shall not 
be issued, with respect to a proposed sale to the North 
Atlantic Treaty Organization, any member country of such 
Organization, Japan, Australia, the Republic of Korea, or New 
Zealand, if the Congress, within fifteen calendar days after 
receiving such certification, or with respect to a proposed 
sale to any other country or organization, if the Congress 
within thirty calendar days after receiving such certification, 
enacts a joint resolution]
    (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 
        $300,000,000 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 $100,000,000 or more, to any other country or 
        organization, if Congress, within 30 calendar days 
        after receiving such certification,
enacts a joint resolution prohibiting the proposed sale, unless 
the President states in his certification that an emergency 
exists which requires such sale in the national security 
interests of the United States. If the President states in his 
certification that an emergency exists which requires the 
proposed sale in the national security interest of the United 
States, thus waiving the congressional review requirements of 
this subsection, he shall set forth in the certification a 
detailed justification for his determination, including a 
description of the emergency circumstances which necessitate 
the immediate issuance of the letter of offer and a discussion 
of the national security interests involved.
    [(2)] (3) Any such joint resolution shall be considered in 
the Senate in accordance with the provisions of section 601(b) 
of the International Security Assistance and Arms Export 
Control Act of 1976, except that for purposes of consideration 
of any joint resolution with respect to the North Atlantic 
Treaty Organization, any member country of such Organization, 
Japan, Australia, the Republic of Korea, Israel, or New 
Zealand, it shall be in order in the Senate to move to 
discharge a committee to which such joint resolution was 
referred if such committee has not reported such joint 
resolution at the end of five calendar days after its 
introduction.
    [(3)] (4) For the purpose of expediting the consideration 
and enactment of joint resolutions under this subsection, a 
motion to proceed to the consideration of any such joint 
resolution after it has been reported by the appropriate 
committee shall be treated as highly privileged in the House of 
Representatives.
    [(4)] (5) In addition to the other information required to 
be contained in a certification submitted to the Congress under 
this subsection, each such certification shall cite any 
quarterly report submitted pursuant to section 28 of this Act 
which listed a price and availability estimate, or a request 
for the issuance of a letter of offer, which was a basis for 
the proposed sale which is the subject of such certification.
    [(5)] (6)(A) * * *

           *       *       *       *       *       *       *

    (C) [Subject to paragraph (6), if] If the enhancement or 
upgrade in the sensitivity of technology or the capability of 
major defense equipment, defense articles, defense services, or 
design and construction services described in a numbered 
certification submitted under this subsection costs $14,000,000 
or more in the case of any major defense equipment, $50,000,000 
or more in the case of defense articles or defense services, or 
$200,000,000 or more in the case of design or construction 
services, then the President shall submit to the Speaker of the 
House of Representatives and the chairman of the Committee on 
Foreign Relations of the Senate a new numbered certification 
which relates to such enhancement or upgrade and which shall be 
considered for purposes of this subsection as if it were a 
separate letter of offer to sell defense equipment, articles, 
or services, subject to all of the requirements, restrictions, 
and conditions set forth in this subsection. For purposes of 
this subparagraph, references in this subsection to sales shall 
be deemed to be references to enhancements or upgrades in the 
sensitivity of technology or the capability of major defense 
equipment, articles, or services, as the case may be.

           *       *       *       *       *       *       *

    [(6) The limitation in paragraph (1) and the requirement in 
paragraph (5)(C) shall apply in the case of a letter of offer 
to sell to a member country of the North Atlantic Treaty 
Organization (NATO) or Australia, Japan, the Republic of Korea, 
or New Zealand that does not authorize a new sales territory 
that includes any country other than such countries only if the 
letter of offer involves--
            [(A) the sale of major defense equipment under this 
        Act for, or the enhancement or upgrade of major defense 
        equipment at a cost of, $25,000,000 or more, as the 
        case may be; and
            [(B) the sale of defense articles or services for, 
        or the enhancement or upgrade of defense articles or 
        services at a cost of, $100,000,000 or more, as the 
        case may be; or
            [(C) the sale of design and construction services 
        for, or the enhancement or upgrade of design and 
        construction services at a cost of, $300,000,000 or 
        more, as the case may be.]
    (c)(1) [Subject to paragraph (5), in] In the case of an 
application by a person (other than with regard to a sale under 
section 21 or section 22 of this Act) for a license for the 
export of any major defense equipment sold under a contract in 
the amount of [$14,000,000] $25,000,000 or more or of defense 
articles or defense services sold under a contract in the 
amount of [$50,000,000] $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), before issuing such license the President shall transmit 
to the Speaker of the House of Representatives and to the 
chairman of the Committee on Foreign Relations of the Senate an 
unclassified numbered certification with respect to such 
application specifying (A) the foreign country or international 
organization to which such export will be made, (B) the dollar 
amount of the items to be exported, and (C) a description of 
the items to be exported. Each such numbered certification 
shall also contain an item indicating whether any offset 
agreement is proposed to be entered into in connection with 
such export and a description of any such offset agreement. In 
addition, the President shall, upon the request of such 
committee or the Committee on Foreign Affairs of the House of 
Representatives, transmit promptly to both such committees a 
statement setting forth, to the extent specified in such 
request a description of the capabilities of the items to be 
exported, an estimate of the total number of United States 
personnel expected to be needed in the foreign country 
concerned in connection with the items to be exported and an 
analysis of the arms control impact pertinent to such 
application, prepared in consultation with the Secretary of 
Defense. In a case in which such articles or services listed on 
the Missile Technology Control Regime Annex are intended to 
support the design, development, or production of a Category I 
space launch vehicle system (as defined in section 74), such 
report shall include a description of the proposed export and 
rationale for approving such export, including the consistency 
of such export with United States missile nonproliferation 
policy. A certification transmitted pursuant to this subsection 
shall be unclassified, except that the information specified in 
clause (B) and the details of the description specified in 
clause (C) may be classified if the public disclosure thereof 
would be clearly detrimental to the security of the United 
States, in which case the information shall be accompanied by a 
description of the damage to the national security that could 
be expected to result from public disclosure of the 
information.
    (2) Unless the President states in his certification that 
an emergency exists which requires the proposed export in the 
national security interests of the United States, a license for 
export described in paragraph (1)--
            (A) in the case of a license for an export 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) to the North Atlantic Treaty [Organization,] 
        Organization (NATO), any member country of [that 
        Organization] NATO or Australia, Japan, the Republic of 
        Korea, Israel, or New Zealand, shall not be issued 
        until at least 15 calendar days after the Congress 
        receives such certification, and shall not be issued 
        then if the Congress, within that 15-day period, enacts 
        a joint resolution prohibiting the proposed export;

           *       *       *       *       *       *       *

            (C) in the case of any other license 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), shall not be issued until at least 
        30 calendar days after the Congress receives such 
        certification, and shall not be issued then if the 
        Congress, within that 30-day period, enacts a joint 
        resolution prohibiting the proposed export.

           *       *       *       *       *       *       *

    (4) The provisions of [subsection (b)(5)] subsection (b)(6) 
shall apply to any equipment, article, or service for which a 
numbered certification has been transmitted to Congress 
pursuant to paragraph (1) in the same manner and to the same 
extent as that subsection applies to any equipment, article, or 
service for which a numbered certification has been transmitted 
to Congress pursuant to subsection (b)(1). For purposes of such 
application, any reference in [subsection (b)(5)] subsection 
(b)(6) to ``a letter of offer'' or ``an offer'' shall be deemed 
to be a reference to ``a contract''.
    [(5) In the case of an application by a person (other than 
with regard to a sale under section 21 or 22 of this Act) for a 
license for the export to a member country of the North 
Atlantic Treaty Organization (NATO) or Australia, Japan, the 
Republic of Korea, or New Zealand that does not authorize a new 
sales territory that includes any country other than such 
countries, the limitations on the issuance of the license set 
forth in paragraph (1) shall apply only if the license is for 
export of--
            [(A) major defense equipment sold under a contract 
        in the amount of $25,000,000 or more; or
            [(B) defense articles or defense services sold 
        under a contract in the amount of $100,000,000 or 
        more.]
    (d)(1) * * *
    (2) A certification under this subsection shall be 
submitted--
            (A) at least 15 days before approval is given in 
        the case of an agreement for or in a country which is a 
        member of the North Atlantic Treaty Organization or 
        Australia, Japan, the Republic of Korea, Israel, or New 
        Zealand; and

           *       *       *       *       *       *       *

    (h) Certification Requirement Relating to Israel's 
Qualitative Military Edge.--
            (1) In general.--Any certification relating to a 
        proposed sale or export of defense articles or defense 
        services under this section to any country in the 
        Middle East other than Israel shall include [a 
        determination] an unclassified determination that the 
        sale or export of the defense articles or defense 
        services will not adversely affect Israel's qualitative 
        military edge over military threats to Israel.

           *       *       *       *       *       *       *

    Sec. 38. Control of Arms Exports and Imports.--(a) * * *
    (b)(1) * * *

           *       *       *       *       *       *       *

    [(3)(A) For each of the fiscal years 1988 and 1989, 
$250,000 of registration fees collected pursuant to paragraph 
(1) shall be credited to a Department of State account, to be 
available without fiscal year limitation. Fees credited to that 
account shall be available only for the payment of expenses 
incurred for--
            [(i) contract personnel to assist in the evaluation 
        of munitions control license applications, reduce 
        processing time for license applications, and improve 
        monitoring of compliance with the terms of licenses; 
        and
            [(ii) the automation of munitions control functions 
        and the processing of munitions control license 
        applications, including the development, procurement, 
        and utilization of computer equipment and related 
        software.
    [(B) The authority of this paragraph may be exercised only 
to such extent or in such amounts as are provided in advance in 
appropriation Acts.
    [(c) Any person who willfully violates any provision of 
this section or section 39, or any rule or regulation issued 
under either section, or who willfully, 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 upon conviction be 
fined for each violation not more than $1,000,000, or 
imprisoned not more than ten years, or both.]
    (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.

           *       *       *       *       *       *       *

    (g)(1) The President shall develop appropriate mechanisms 
to identify, in connection with the export licensing process 
under this section--
            (A) persons who are the subject of an indictment or 
        otherwise charged for, or have been convicted of, a 
        violation under--
                    (i)  * * *

           *       *       *       *       *       *       *

                    (xi) section 603 (b) or (c) of the 
                Comprehensive Anti-Apartheid Act of 1986 (22 
                U.S.C. 5113 (b) and (c)); [or]

           *       *       *       *       *       *       *

                    (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.
            (B) persons who are the subject of an indictment or 
        otherwise charged or have been convicted under section 
        371 of title 18, United States Code, for conspiracy to 
        violate any of the statutes cited in subparagraph (A); 
        and

           *       *       *       *       *       *       *

    (3) If the President determines--
            (A) that an applicant for a license to export under 
        this section is the subject of an indictment or 
        otherwise charged for a violation of any of the 
        statutes cited in paragraph (1),

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *


 CHAPTER 5--[SPECIAL DEFENSE ACQUISITION FUND] FOREIGN MILITARY SALES 
                             STOCKPILE FUND

    Sec. 51. [Special Defense Acquisition Fund] Foreign 
Military Sales Stockpile Fund.--(a)(1) Under the direction of 
the President and in consultation with the Secretary of State, 
the Secretary of Defense shall establish a [Special Defense 
Acquisition Fund] Foreign Military Sales Stockpile Fund 
(hereafter in this chapter referred to as the ``Fund''), to be 
used as a revolving fund separate from other accounts, under 
the control of the Department of Defense, to finance the 
acquisition of defense articles and defense service in 
anticipation of their transfer pursuant to this Act, the 
Foreign Assistance Act of 1961, or as otherwise authorized by 
law, to eligible foreign countries and international 
organizations, and may acquire such articles and services with 
the funds in the Fund as he may determine. Acquisition under 
this chapter of items for which the initial issue quantity 
requirements for United States Armed Forces have not been 
fulfilled and are not under current procurement contract shall 
be emphasized when compatible with security assistance 
requirements for the transfer of such items.

           *       *       *       *       *       *       *

    (4) The Fund shall also be used to acquire defense articles 
that are particularly suited for use for building the capacity 
of recipient countries and narcotics control purposes and are 
appropriate to the needs of recipient countries, such as small 
boats, planes (including helicopters), and communications 
equipment.
    (b) The Fund shall consist of--
            (1) * * *
            (2) collections from sales representing the value 
        of asset use charges (including contractor rental 
        payments for United States Government-owned plant and 
        production equipment) and charges for the proportionate 
        recoupment of nonrecurring research, development, and 
        production costs, [and]
            (3) collections from sales made under letters of 
        offer (or transfers made under the Foreign Assistance 
        Act of 1961) of defense articles and defense services 
        acquired under this chapter, representing the value of 
        such items calculated in accordance with subparagraph 
        (B) or (C) of section 21(a)(1) or section 22 of this 
        Act or section 644(m) of the Foreign Assistance Act of 
        1961, as appropriate, and
            (4) collections from leases made pursuant to 
        section 61 of this Act,
together with such funds as may be authorized and appropriated 
or otherwise made available for the purposes of the Fund.

           *       *       *       *       *       *       *


     CHAPTER 6--LEASES OF DEFENSE ARTICLES AND LOAN AUTHORITY FOR 
COOPERATIVE RESEARCH AND DEVELOPMENT PURPOSES

           *       *       *       *       *       *       *


    Sec. 62. Reports to the Congress.--(a) * * *

           *       *       *       *       *       *       *

    (c) The certification required by subsection (a) shall be 
transmitted--
            (1) not less than 15 calendar days before the 
        agreement is entered into or renewed in the case of an 
        agreement with the North Atlantic Treaty Organization, 
        any member country of that Organization or Australia, 
        Japan, the Republic of Korea, Israel, or New Zealand; 
        and

           *       *       *       *       *       *       *

    Sec. 63. Legislative Review.--(a)(1) * * *
    (2) In the case of an agreement described in paragraph (1) 
that is entered into with a member country of the North 
Atlantic Treaty Organization (NATO) or Australia, Japan, the 
Republic of Korea, Israel, or New Zealand, the limitations in 
paragraph (1) shall apply only if the agreement involves a 
lease or loan of--
            (A) * * *

           *       *       *       *       *       *       *

                              ----------                              


  SECTION 12001 OF THE DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005

    Sec. 12001. (a) * * *

           *       *       *       *       *       *       *

    (d) No transfer may be made under the authority of this 
section more than [4] 7 years after the date of the enactment 
of this Act.
                              ----------                              


               UNITED STATES-HONG KONG POLICY ACT OF 1992

SEC. 301. REPORTING REQUIREMENT.

    Not later than March 31, 1993, March 31, 1995, March 31, 
1996, March 31, 1997, March 31, 1998, March 31, 1999, March 31, 
2000, March 31, 2001, March 31, 2002, March 31, 2003, March 31, 
2004, March 31, 2005, [and March 31, 2006] March 31, 2006, and 
March 31, 2010, and March 31 of every subsequent year through 
2020, the Secretary of State shall transmit to the Speaker of 
the House of Representatives and the chairman of the Committee 
on Foreign Relations of the Senate a report on conditions in 
Hong Kong of interest to the United States. This report shall 
cover (in the case of the initial report) the period since 
October 5, 1992, or (in the case of subsequent reports) the 
period since the most recent report pursuant to this section 
and shall describe--
            (1) * * *

           *       *       *       *       *       *       *


 Exchange of Letters--Judiciary Committee and Foreign Affairs Committee


   Exchange of Letters--Armed Services Committee and Foreign Affairs 
                               Committee


                            Dissenting Views

    At the outset of this process, we shared the chairman's 
hope that the Foreign Affairs Committee would be able to 
produce a bipartisan Foreign Relations Authorization Act that 
would help reestablish the committee's proper role in 
authorizing funding and providing policy direction for United 
States foreign affairs activities. We were hopeful that the 
chairman's earlier statements about the need for reform of our 
foreign affairs operations, programs, and budgeting would, 
indeed, help bridge the gap on some fundamental differences and 
help achieve a bipartisan legislative product. Our optimism was 
further fueled by the Secretary of State's testimony before the 
committee that she had ``challenged the department to reform 
and innovate and save taxpayer dollars''\1\ and the Deputy 
Secretary of State's affirmation that a comprehensive review 
was underway to achieve this goal.
---------------------------------------------------------------------------
    \1\Testimony of Hon. Hillary Rodham Clinton before the House 
Committee on Foreign Affairs (April 22, 2009).
---------------------------------------------------------------------------
    While we appreciate the cooperation that we have shared 
with the majority on some specific issues, the text that has 
been ordered reported by the committee is conspicuously 
partisan and stands in stark contrast to the administration's 
and majority's expressed views and commitments to increased 
transparency, accountability, efficiency and reform that we 
share. As such, we cannot support the committee-reported 
version of H.R. 2410.
    As reported, H.R. 2410 mandates a vast expansion of 
bureaucracy and spending. It adds billions of dollars in new 
funding, 2,200 new Foreign Service members, 48 new reporting 
requirements, and 20 new government entities (such as offices, 
foundations, programs, and working groups). The majority's bill 
grows the government at an irresponsible rate.
    The majority's text significantly expands U.S. taxpayer 
subsidy of a sprawling and unaccountable United Nations system 
without requiring any prior reform.
    The majority text also includes ``poison pills'' that are 
unpalatable to many Republican members because they seek to 
promote and advocate an international social agenda on issues 
that are controversial and remain unresolved within the United 
States, or contravene fundamental precepts of conscience.
    Although we had identified to the majority our fundamental 
objections to certain provisions, had provided our views and 
concerns on the totality of the proposed bill, and had 
requested a number of additions and modifications prior to the 
markup, the majority opted not to accommodate most of them in 
their bill text. The rejection of the Republican substitute and 
other amendments at markup ensured that those problems remain 
in the committee-reported version.
    While the concerns listed below figured differently in each 
of our individual deliberations, all of us have regretfully 
concluded that we cannot support H.R. 2410 in its current form.
Exorbitant Spending Increases During a Time of Economic Hardship
    The committee-approved text of H.R. 2410 includes funding 
levels that ignore the economic realities currently facing our 
Nation. Even though the Department of State has not yet 
provided a detailed Budget Justification, the majority has 
endorsed dramatic funding increases--including a single-year 
increase of 35 percent in the State Department's basic salary 
and operations account, and a 23 percent pay raise for overseas 
Foreign Service Officers--at a time when many Americans are 
losing jobs and homes, and are having to make do with less.
    At markup, the ranking member offered a Republican 
amendment in the nature of a substitute that contained no 
funding cuts for United States foreign affairs activities, but 
would have capped account increases at 3.7 percent, the 
annualized rate of inflation for the past year (and a larger 
increase than the cost-of-living adjustment authorized to be 
given to the men and women of our Armed Forces). By taking this 
fiscally responsible approach, the Republican substitute would 
have resulted in a single-year savings of $2.84 billion, as 
compared to the majority's bill.\2\ The Republican proposal was 
rejected by the majority.
---------------------------------------------------------------------------
    \2\For clarity and consistency, cost estimates in these views 
assume appropriation of amounts authorized.
---------------------------------------------------------------------------
    There appears to have been significant confusion about the 
funding content of H.R. 2410, even among its supporters. For 
example, the assertion at markup that ``[t]he bill we have in 
front of us [H.R. 2410] . . . is eight percent (8 percent) over 
the projected levels for 2009'' is simply incorrect.\3\
---------------------------------------------------------------------------
    \3\Statement by Chairman Howard Berman at the committee markup of 
H.R. 2410 (May 20, 2009).
---------------------------------------------------------------------------
    Even taking the most advantageous figures, the total, 
cumulative reauthorizations in H.R. 2410 are 13.2 percent over 
Fiscal Year 2009 (``FY09'') levels--more than 60 percent higher 
than the claimed expansion.\4\ Furthermore, because that 
cumulative figure includes a dramatic decrease in construction-
related funding (due largely to the completion of the U.S. 
Embassy compound in Iraq during FY09), it obscures the 
remarkable increases being proposed for State Programs.
---------------------------------------------------------------------------
    \4\$17,584,716,500, as compared to $15,531,333,500 for those same 
accounts in FY09. FY09 estimates and FY10 request levels are taken 
directly from the Department of State Budget in Brief and International 
Affairs (Function 150) Summary and Highlights.
---------------------------------------------------------------------------
    The FY10 reauthorizations for non-construction-related 
items in H.R. 2410 are 22.4 percent over FY 2009 levels,\5\ and 
include a number of even larger plus-ups.
---------------------------------------------------------------------------
    \5\$15,769,666,500, as compared to $12,884,736,500 for those same 
accounts in FY09.

         LSections 101(1) and 101(2) of the bill would 
        increase the State Department's basic salary and 
        operations accounts by 35 percent, more than a third in 
        a single year.\6\
---------------------------------------------------------------------------
    \6\The State Programs authorizations in the bill (encompassing 
Diplomatic and Consular Programs and the Capital Investment Fund) are 
35 percent over FY09 levels.

         LSection 312 authorizes a basic pay increase 
        for all non-senior Foreign Service Officers (``FSOs'') 
        serving overseas that is pegged to the Federal locality 
        payment increase for the Washington, DC, area, which is 
        currently 23 percent. Some question the need to extend 
        locality pay to locations outside the United States 
        because of other benefits that FSOs receive when they 
        move overseas, such as: Free housing, free private 
        education for dependants, local cost of living 
        adjustments (known as ``Post Allowances''), and other 
        bonuses for Danger Pay (up to 35 percent of basic pay), 
        Hardship Differential (up to 35 percent), language 
---------------------------------------------------------------------------
        competency incentives, and others.

         LSection 101(5) of the bill includes more than 
        a seven-fold increase in funding for the Civilian 
        Stabilization Initiative (from $45 million to $323.3 
        million), even though the administration has also 
        requested potentially duplicative funding increases for 
        other stabilization-related accounts in multiple 
        agencies, including a 25 percent increase in the 
        ``Section 1207'' Department of Defense stabilization 
        funds that the Civilian Stabilization Initiative is 
        supposed to replace. On the basis of the details 
        currently available, we are not yet able to understand 
        how this Initiative represents a genuine, government-
        wide consolidation of stabilization and reconstruction 
        activities, rather than the expanded, independent 
        funding stream that it appears to be.

         LSection 602(d) of the bill would expand the 
        Peace Corps budget by a third (32.4 percent) in a 
        single year, to $450,000,000.\7\
---------------------------------------------------------------------------
    \7\$450 million for FY10, as compared to the Peace Corps' FY09 
budget of $340 million.

    At the same time that the majority dramatically ramps up 
funding in these ways, they cut funding to State's Office of 
the Inspector General, thus reducing the resources available 
for oversight of State's expanding activities.\8\ It is 
difficult to see how this combination can result in anything 
other than an increased risk of waste and abuse of Department--
and thus taxpayer--funds.
---------------------------------------------------------------------------
    \8\In contrast to funding for State Programs, which would grow by 
35 percent between FY09 and FY10, section 101(11) cuts the Office of 
the Inspector General by 1.2 percent, to $100 million.
---------------------------------------------------------------------------
    Section 327 of the majority's bill would permanently remove 
the current statutory limitations on the Department's ability 
to rehire retired Foreign Service Officers while they are 
drawing their full pensions. This change would gut the current 
legal protections against ``double dipping''--i.e., FSOs 
deciding to retire earlier than they would otherwise, so that 
they can be rehired by the Department as contractors while they 
are receiving their full pensions, thus receiving two paychecks 
for the same amount of work.
    The discussion above does not include the authorizations in 
the majority's bill for wholly new entities and activities, 
such as the $120 million authorization to create a new Senator 
Paul Simon Study Abroad Foundation. Notably, the State 
Department has raised serious concerns regarding potential 
program duplication and administrative costs. While many of 
those initiatives could receive support in times of plenitude, 
they are not the types of activities that we should be 
borrowing to fund in this harsh economic climate.
    Finally, the majority refused to include language we 
requested that would help reduce our deficits and our growing 
reliance on overseas creditors by returning to the U.S. 
Treasury 50 percent of the assets of certain U.S.-funded 
enterprise funds when those funds cease their operations. That 
provision alone likely would result in approximately $0.5 
billion being returned to the U.S. Treasury, while still 
leaving an equal, generous amount to finance ``legacy'' 
institutions to continue promoting in those developing and 
formerly-Communist countries the market-based reforms for which 
the enterprise funds were originally designed. Moreover, the 
Republican alternative would have called for greater oversight 
of such legacy institutions, given the significant amounts of 
assets being turned over to them.
Expanding Taxpayer Subsidy of the U.N. System Without Any U.N. Reform
    With the rejection of the Republican substitute, the 
committee has continued its 2\1/2\-year refusal to consider the 
United Nations Transparency, Accountability, and Reform Act 
(currently pending as H.R. 557, with 90 cosponsors), a 
carefully crafted, comprehensive plan to move the United 
Nations to more faithfully and efficiently fulfill its core 
mission and live up to its founding principles.
    Instead, the majority's bill is proposing a substantial 
increase in funding to the U.N. system without addressing--or 
even acknowledging--the countless, grave problems that have 
resulted in the U.N.'s squandering of American taxpayer funds 
in ways that are not only wasteful, but also harmful to the 
national interests of the United States.
    For example, unlike the Republican substitute, the 
committee-reported text does not address: The continuing 
provision of nuclear assistance to the likes of Iran and Syria 
by the International Atomic Energy Agency; the U.N.'s refusal 
to extend the mandate of its Procurement Task Force after it 
uncovered over $600 million in tainted contracts; the strident 
anti-U.S. and anti-Israel bias at the U.N. Human Rights 
Council; and other widespread corruption and mismanagement 
within the U.N. system.
    To the contrary, section 102 of the committee-reported bill 
would increase U.S. contributions to the regular budget of the 
U.N. by nearly a third in a single year, without requiring any 
prior reforms.\9\
---------------------------------------------------------------------------
    \9\The $1.797 billion requested by the administration for 
Contributions to International Organizations, authorized in section 
102(a), includes $597.5 million in FY10 for the U.N.'s regular budget, 
a 32 percent increase over FY09 levels.
---------------------------------------------------------------------------
    In addition to fully funding the administration's requested 
amounts for those increased contributions, section 405 of the 
majority's bill also authorizes the payment of all United 
States arrearages to the U.N. Again, it does so without 
attempting to use those payments to leverage any much-needed 
transparency or reform. Furthermore, whatever the intent of the 
majority, the specific language they use would authorize the 
payment of over $745 million in longstanding ``contested 
arrears'' that the United States long ago disclaimed as part of 
the bipartisan Helms-Biden Agreement (enacted as part of P.L. 
106-113).\10\
---------------------------------------------------------------------------
    \10\Section 405 authorizes payment of all arrears ``recognized by 
the United States.'' However, as underscored by the State Department, 
the U.S. recognizes the Helms-Biden ``contested arrears'' as arrears, 
but has so far decided not to pay them, for policy reasons.
---------------------------------------------------------------------------
    The majority's ``blank check'' approach to assessments, 
which treats U.S. taxpayer contributions as a U.N. entitlement, 
will only exacerbate the problems that have turned the U.N. 
system into the sprawling, unaccountable international 
bureaucracy that it has become.
    Section 412 of the majority bill inexplicably authorizes 
U.S. contributions to U.N. peacekeeping at a higher rate (27.1 
percent) than the U.N. is actually assessing the United States 
(25.9 percent), a change that, for next year alone, would have 
us pay over $100 million more than what we are currently being 
charged. Enacting that authorization is a blatant invitation 
for the U.N. to increase its U.S. assessment rate, which flies 
in the face of the longstanding bipartisan agreement to work to 
limit U.S. peacekeeping contributions to 25 percent. That 
limitation was enshrined in statute by Public Law 103-236, the 
last Foreign Relations Authorization Act enacted by a Democrat-
controlled Congress.\11\
---------------------------------------------------------------------------
    \11\H.R. 2333 in the 103rd Congress, introduced by Representatives 
Hamilton, Berman, and Gilman.
---------------------------------------------------------------------------
    Finally, the committee-reported majority bill also affirms 
controversial international agreements to which the United 
States is not a party: $4.1 million of the funds authorized by 
section 102(a) presume United States ratification of the U.N. 
Convention on the Law of the Sea (with implications for U.S. 
sovereignty, military and intelligence operations);\12\ and 
section 1104(b)(2), regarding statelessness, cites as 
authoritative the Convention on the Elimination of 
Discrimination Against Women (CEDAW), a document that has been 
turned into a tool of radical social policy and abortion 
promotion by the treaty body charged with overseeing its 
implementation.
---------------------------------------------------------------------------
    \12\The Contributions to International Organizations request 
authorized in section 102(a) includes $2.7 million for the 
International Tribunal for the Law of the Sea (ITLOS) and $1.4 million 
for the International Seabed Authority (ISA).
---------------------------------------------------------------------------
Refusal to Preclude Overseas Abortion Advocacy
    Section 334 of the bill would create a new Office for 
Global Women's Issues within the State Department, to be headed 
by a new Ambassador-at-Large who reports directly to the 
Secretary and is charged with the vague task of promoting 
``women's empowerment internationally.'' Aside from systemic 
questions about whether this structure is an advisable and 
well-ordered replacement for the International Women's Issues 
office that currently exists in the Department, section 334 of 
the bill is deeply problematic because of its potential use to 
advocate legalized abortion around the world.
    At markup, the majority rejected an amendment by Mr. Smith 
that would have authorized the creation of an identically 
situated Office, but with a much more robust and clearly 
defined set of goals to empower and protect women and girls, 
about which it is hard to conceive serious disagreement. 
Indeed, all of the situations of concern specifically mentioned 
by the majority in their Section-by-Section analysis on section 
334, above, would be covered by the language of the Smith 
amendment.
    More relevant to the outcome, however, the amendment also 
included a statement that ``It is the policy of the United 
States Government not to lobby sovereign countries, including 
through multilateral mechanisms, to change their domestic laws 
and policies to legalize, fund, or promote abortion except in 
cases of forcible rape, incest, or to save the life of the 
mother.''
    If (as was claimed by the majority during debate) such 
advocacy is already prohibited by law (such as by the Siljander 
Amendment), and if the administration and the majority 
genuinely intend to maintain that appropriations-based 
restriction into the future, then they also should have no 
objection to this clear restatement in the authorizing statute. 
The party-line vote, however, tells a different story.
    The concerns that prompted the Smith amendment flow 
directly from Secretary Clinton's testimony before the 
committee, in which she plainly stated her ``fundamental 
disagreement'' with the prior administration: ``[W]e are now an 
administration that will protect the rights of women, including 
their rights to reproductive health care,'' and ``reproductive 
health includes access to abortion.''\13\ As the Secretary 
emphasized in her spirited exchange with Mr. Smith: ``You are 
entitled to advocate . . . anywhere in the world, and so are 
we.''\14\
---------------------------------------------------------------------------
    \13\Testimony of Hon. Hillary Rodham Clinton before the House 
Committee on Foreign Affairs (April 22, 2009).
    \14\Id.
---------------------------------------------------------------------------
    Secretary Clinton's stated priorities, combined with the 
majority's refusal to preclude the possibility, lead naturally 
to the conclusion that promoting the international legalization 
of abortion is among the intended tasks of the new Office and 
Ambassador. Thus, the current form of section 334 is absolutely 
unacceptable to pro-life members of the committee, who regret 
that the majority was not willing to seize the strong consensus 
that exists on promoting opportunities for--and protecting the 
human rights of--women and girls everywhere.
International Advocacy Regarding Sexual Orientation and Gender Identity
    Section 333, concerning ``Discrimination Related to Sexual 
Orientation,'' is also problematic for some Republican members.
    As explained during the markup, the opposition from members 
of the minority to section 333 has nothing to do with being 
indifferent toward violence against homosexuals, which we all 
abhor and must combat, or with support for the criminalization 
of homosexual behavior, which was expressly disclaimed during 
debate.
    Rather, some remain concerned that the vague and difficult-
to-parse provisions of section 333, which rely on significant 
undefined terms, could be used to require our Foreign Service 
to advocate for changes in foreign laws and promote a social 
policy that remains disputed within our own country, and is 
even more so in some parts of the world.
    To try to move the text back to common ground, Mr. Pence 
offered an amendment that, drawing from the language of the 
Foreign Assistance Act and the Civil Rights Act of 1964, 
charged the State Department to continue to work ``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.'' By those terms, it would 
commit the United States to the protection of homosexual 
persons--as people--against torture or cruel, inhuman, or 
degrading treatment, prolonged detention without charges, 
disappearance by abduction, ``or other flagrant denial of the 
right to life, liberty, and the security of person.''\15\ 
Nevertheless, after vocal opposition by the majority, the Pence 
amendment was defeated.
---------------------------------------------------------------------------
    \15\Section 116(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151n).
---------------------------------------------------------------------------
    In defeating the Pence amendment, the majority rejected a 
universal approach focused on the protection of all people 
against serious abuses of their internationally recognized 
human rights, in favor of a subject-specific requirement to 
combat discrimination that ``affects'' or ``restrict[s] the 
enjoyment of'' unspecified ``fundamental freedoms'' based on 
``actual or perceived sexual orientation and gender identity.''
    During debate, minority members noted that the provisions 
in majority's bill, by focusing on the animus for 
discrimination--rather than on the harms from which all people 
deserve to be protected--are part of a larger policy shift that 
would put sexual orientation and homosexual behavior in the 
same protected class as race, sex, and religious creed. Such a 
proposition remains unsettled and highly controversial within 
our own country. However, mandating it as a foreign policy 
priority could, in certain foreign contexts, complicate our 
ability to effectively pursue and secure other key national 
security interests of the United States.
    In addition, as was raised in questions by Mr. Smith and in 
the amendment offered and withdrawn by Mr. Fortenberry, it is 
conceivable that these reporting and advocacy requirements 
could result in some American Foreign Service Officers being 
directed to act contrary to deeply held religious or ethical 
convictions, in effect forcing them to choose between career 
and conscience.
    While we appreciated the chairman's personal commitment at 
the markup to ``make it very clear that no one will be forced 
to promote an agenda in this area in carrying out the 
provisions of this law that they find morally repugnant,''\16\ 
such conscience protections cannot be dependably secured unless 
they are explicitly spelled out in the legislation itself, 
which they are not. Furthermore, by stating that a Foreign 
Service Officer should be made aware of the possibility of such 
advocacy prior to bidding or assignment ``so that the officer 
can find another more suitable position,''\17\ the majority's 
report language implies that, rather than requiring some form 
of accommodation, deeply held religious or conscientious 
objections may render a person unsuitable for service as a 
political or human rights officer overseas.
---------------------------------------------------------------------------
    \16\Statement by Chairman Howard Berman at committee markup of H.R. 
2410 (May 20, 2009).
    \17\Section-by-Section Analysis of section 333, above.
---------------------------------------------------------------------------
Additional Concerns About Portions of the Majority Bill
Arms Control and Nonproliferation. The findings in section 241 
elevate the effectiveness of ``collective arrangements, 
conventions, and alliances'' and denigrate unilateral efforts 
by the United States to counter the proliferation of weapons of 
mass destruction in disregard of the experience of the last 
several decades. ``Collective action,'' with its promise of 
shared burdens and multiplication of resources, sounds great, 
but the result is more often empty statements and constraints 
on action than effective measures. As a result, the United 
States repeatedly has been forced to assume the burdens of 
leadership, including through unilateral action, to ensure its 
security and that of other countries. The Proliferation 
Security Initiative is an outstanding example of U.S. 
leadership in the area of nonproliferation. The PSI has 
demonstrated that success can be achieved through a flexible 
consensus of like-minded countries without the need for an 
international bureaucracy, constraining treaties, or formal 
permission that often never comes.
    The majority's bill also contains contradictory provisions 
in the sections regarding the Department of State's 
nonproliferation and arms control bureaucracy. On the one hand 
it asks the Secretary of State to develop a comprehensive plan 
to determine what the State Department actually needs in terms 
of personnel, additional authorities, new appropriations and so 
forth in order to carry out its arms control and 
nonproliferation policies. Yet before that plan has even been 
begun, 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. Instead of 
attempting to reshape the State Department before the requested 
plan has even been begun, it makes much more sense to wait and 
see what the Secretary of State says she actually needs before 
we tell her what she needs.

Western Hemisphere. While we do not oppose the provisions of 
sections 911 and 912 regarding the illicit trafficking of small 
arms and light weapons to the Western Hemisphere, we do feel 
that they contribute to the misperception that the majority of 
weapons found in Mexico originate from the United States. 
Furthermore, they place an unnecessary focus on U.S. arms 
policy, rather than focusing on the real impetus of regional 
insecurity--organized crime, corruption, and narcotrafficking.
    The Western Hemisphere Counterterrorism and 
Nonproliferation Act (Title VII of the Republican substitute) 
offers a comprehensive approach to counter current and emerging 
threats and is premised on the development of regional capacity 
and collaboration to intensify ongoing counterterrorism and 
nonproliferation efforts in the Hemisphere. Its exclusion from 
the committee-reported bill is unfortunate.
    At a time when U.S. leaders and OAS members are taking 
steps to reinstate the Communist Government of Cuba into the 
Organization of American States, we believe that--in contrast 
to the indiscriminate approach of section 411--U.S. assistance 
should be directed towards efforts that enhance and promote 
democratic ideals and free market principles, rather than 
advancing the stature and legitimacy of dictatorial regimes.

European Issues. The language of H.R. 2410 regarding U.S. aid 
to Georgia would have been improved by the Republican 
substitute amendment, which expressed U.S. support for 
Georgia's sovereignty and territorial integrity and required 
that the Secretary of State provide Congress with an analysis 
of the security situation in Georgia, including steps the U.S. 
has taken to help Georgia create necessary defenses.
    While section 1121 of the committee-reported bill includes 
language expressing concerns regarding the continuing 
suppression of democracy in Belarus, the Republican substitute 
contained an important addition requiring reporting on the 
questionable role that the dictatorial regime in Belarus 
appears to be playing in the sale of arms to states that 
support terrorism and to increasingly dictatorial regimes.
    Although the bill expresses the sense of the Congress that 
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, and also includes a sense of the 
Congress statement that such countries must enact and implement 
property restitution legislation that establishes a simple, 
transparent, and timely process, the Republican substitute also 
contained important language regarding Holocaust-era insurance 
policies, which regrettably is missing from H.R. 2410 as 
reported.
    While section 1105 briefly addresses U.S. policy regarding 
the Ecumenical Patriarchate, it does not adequately capture the 
tremendous challenges the Patriarchate faces due to the 
severely restrictive policies of the Turkish Government. The 
Republican substitute provided a more comprehensive discussion 
of the grave challenges to the Patriarchate's property rights, 
financial concerns, and basic religious freedoms, which 
threaten its continued existence. Unlike the Republican 
alternative, H.R. 2410 neglects to address concerns over the 
continuing division of Cyprus and how best to ensure that U.S. 
aid to that country is utilized in the best manner possible to 
promote a peaceful reunification of that country. Additionally, 
the bill does not address the need for improved oversight of 
U.S. aid to the Former Yugoslav Republic of Macedonia (FYROM), 
as the Republican alternative did, in order to ensure that such 
aid does not support activities and propaganda that may be 
hostile towards Greece, but instead supports good faith 
participation in the U.N.-sponsored negotiations to find a 
mutually acceptable resolution to the dispute between the two 
countries over the official name of FYROM.

Security Assistance and Arms Export Control Reforms. With 
respect to Title VIII on export control reform and related 
provisions on security assistance, the minority believes that 
section 844--a sense of Congress on a global arms trade 
treaty--fails to address issues of compliance and to establish 
clear requirements that any potential negotiations toward such 
an international agreement must require universal application 
with robust monitoring and enforcement. Likewise, there are 
concerns with overly prescriptive language in subtitle A of 
Title VIII, including limitations on the scope of a proposed 
new license for certain spare parts and components that could 
undermine the usefulness of this otherwise important authority.
Incorporation of Republican Proposals
    We value the cooperation of the majority in accepting some 
specific Republican requests and amendments in the committee-
reported text, such as:

         LMr. Burton's language affirming the United 
        States' commitment to the security of Israel, including 
        support for missile defense;

         LMr. Royce's proposal to extend the 
        authorization for Radio Free Asia, and his amendment 
        urging the redesignation of Vietnam as a Country of 
        Particular Concern for religious freedom violations;

         LMr. Gallegly's amendment to increase 
        penalties for illicit arms trafficking to Mexico;

         LMr. Manzullo's amendment to increase American 
        small business involvement in the Asia-Pacific Economic 
        Cooperation summit;

         LMr. Mack's amendment regarding Iran's 
        influence in the Western Hemisphere; and

         LMr. Fortenberry's amendments regarding the 
        recommendations of the Commission on the Prevention of 
        Weapons of Mass Destruction Proliferation, and on 
        religious minority communities in the Middle East.

    We also appreciate the chairman's commitment at the markup 
to work with members to accommodate concerns included in 
amendments that were offered and withdrawn. We trust that all 
reasonable efforts will be made to ensure that the substance of 
those concerns is incorporated into the bill as it moves to the 
floor. In addition to those discussed earlier, such amendments 
included:

         LMr. Wilson's amendment requiring that, in 
        light of their experience in working in unstable 
        situations, veterans of the U.S. Armed Forces be given 
        particular consideration in the new Foreign Service 
        hiring contemplated by the committee-reported bill;

         LMr. Flake's amendment intended to ensure that 
        legislative history will not be used to improperly 
        modify or affect the implementation of the 
        authorizations contained in the legislation itself; and

         LMr. Mack's amendment in support of the Jewish 
        community in Venezuela.

    However, in addition to those items, there were numerous 
other Republican proposals that the majority did not include in 
the committee-reported text. Some of the issues they address--
such as the mortal threat posed to the United States and our 
allies by Iran's accelerating nuclear and missile development--
are of even greater import than much of what is contained in 
the committee-reported bill. Among other things, those 
proposals included:

         LProvisions attempting to block funding for 
        International Atomic Energy Agency assistance to 
        dangerous regimes such as Iran, Syria, Sudan, and Cuba, 
        all of whom have received such assistance during the 
        past decade;

         LThe text of Chairman Berman's bipartisan Iran 
        Refined Petroleum Sanctions Act (also pending as H.R. 
        2194), which strengthens and expands existing sanctions 
        under the Iran Sanctions Act regime, thereby denying 
        Iran the resources needed to continue acquiring 
        dangerous weapons and technologies, and expanding its 
        threat to U.S. interests and allies;

         LConditions on U.S. aid to the United Nations 
        Relief and Works Agency (UNRWA) requiring UNRWA to take 
        steps to prevent our contributions from benefiting 
        Foreign Terrorist Organizations like Hamas, and being 
        used to propagandize against Israel;

         LConditions on U.S. aid to the United Nations 
        Human Rights Council requiring the adoption of 
        meaningful membership standards, to prevent human 
        rights abusers like Cuba, China and Saudi Arabia from 
        serving on the Council and using it to undermine human 
        rights protections and United States interests;

         LRestrictions on U.S. funding for 
        International Organizations and programs led by Iran; 
        and

         LAn authorization maintaining the FY09 funding 
        levels for the National Endowment for Democracy, unlike 
        the 13 percent cut carried in section 105(a) of the 
        committee-reported text.

                                   Ileana Ros-Lehtinen.
                                   Christopher H. Smith.
                                   Dan Burton.
                                   Elton Gallegly.
                                   Dana Rohrabacher.
                                   Donald A. Manzullo.
                                   Edward R. Royce.
                                   Jeff Flake.
                                   Mike Pence.
                                   Joe Wilson.
                                   John Boozman.
                                   J. Gresham Barrett.
                                   Connie Mack.
                                   Jeff Fortenberry.
                                   Michael T. McCaul.
                                   Ted Poe.
                                   Bob Inglis.
                                   Gus Bilirakis.

                                 
