House Report 111-136 - FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2010 AND 2011

[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.