[Senate Report 111-301]
[From the U.S. Government Publishing Office]


                                                       Calendar No. 585
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-301

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



 
                 FOREIGN RELATIONS AUTHORIZATION ACT, 
                       FISCAL YEARS 2010 AND 2011

                                _______
                                

               September 23, 2010.--Ordered to be printed

          Mr. Kerry, from the Committee on Foreign Relations,
                        submitted the following

                                 REPORT

                             together with

                             MINORITY VIEWS

                         [To accompany S. 2971]

    The Committee on Foreign Relations, having had under 
consideration the bill S. 2971, to authorize certain 
authorities by the Department of State, and for other purposes, 
reports favorably thereon, with an amendment in the nature of a 
substitute, and recommends that the bill, as amended, do pass.

                                CONTENTS

                                                                   Page

  I. Purpose..........................................................1
 II. Committee Action.................................................1
III. Discussion.......................................................3
 IV. Minority Views..................................................34
  V. Cost Estimate...................................................35
 VI. Evaluation of Regulatory Impact.................................47
VII. Changes in Existing Law.........................................47

                               I. Purpose

    The Foreign Relations Authorization Act, Fiscal Years 2010 
and 2011, authorizes funding for the Department of State, 
United States international broadcasting activities, and the 
Peace Corps. The bill also addresses several important regional 
and functional foreign policy issues.

                          II. Committee Action

    The Senate Foreign Relations Committee held several public 
hearings this year focusing on the issues addressed in this 
legislation. On February 24, 2010, Secretary of State Hillary 
Clinton testified regarding the President's budget request for 
international affairs. On March 10, the committee held a 
hearing on the future of U.S. public diplomacy programs. In 
other hearings on issues such as rebuilding Haiti, new 
directions in global health, the Middle East peace process, and 
the administration's global food security initiative, the 
committee explored policy choices and purposes that underlie 
the funding and the authorities contained in this legislation.
    The committee considered S. 2971 on April 27, 2010. During 
the mark-up of this legislation, several amendments were 
considered:

   An amendment offered by Senator Menendez to promote 
        minority participation in the foreign service was 
        agreed to by voice vote;
   An amendment offered by Senator Kaufman providing a Sense 
        of Congress that the United States Government should 
        expand international broadcasting in Iran was agreed to 
        by voice vote;
   An amendment offered by Senator Casey to an amendment 
        offered by Senator Wicker regarding policy with respect 
        to abortion was agreed to by a roll call vote of 12 to 
        4;
   An amendment offered by Senator Wicker as amended by an 
        amendment offered by Senator Casey (above) passed by 
        voice vote;
   An amendment offered by Senators Feingold and Gillibrand 
        regarding discrimination related to sexual orientation 
        was agreed to by a roll call vote of 12 to 7;
   An amendment offered by Senator Webb regarding funding for 
        the Bureau of East Asian and Pacific Affairs was not 
        agreed to by a roll call vote of 5 to 14;
   An amendment offered by Senator Kerry regarding amounts for 
        authorization was agreed to by voice vote;
   Four technical amendments offered by Senators Kerry and 
        Lugar were agreed to by voice vote.

    The committee ordered S. 2971 reported, with an amendment 
in the nature of a substitute, and with the amendments noted 
above, by voice vote. The amendment in the nature of a 
substitute added the following provisions to the base bill: 
Annual report on international religious freedom; Assistant 
Secretary for International Information Programs; Reimbursement 
for use of Government vehicles overseas; Transfer of the 
Vietnam Education Foundation to the Department of State; 
Broadcasting Board of Governors; Statement of policy regarding 
citizen diplomacy; Performance-based measurement reporting 
requirements for international exchange programs; 
Videoconference interviews; Mass atrocities; Crisis response; 
Office for Global Women's Issues; Home leave; Training support 
services; Recruitment and retention of United States citizens 
in international organizations; United States membership in the 
International Renewable Energy Agency; Sense of Congress 
relating to transparency for extractive industries; Sense of 
Congress regarding Central Asia; Sense of Congress on global 
Internet freedom; Global Health Initiative; and Peace Corps 
Improvement and Expansion. In addition, the amendment in the 
nature of a substitute changed the following provisions: United 
States Advisory Commission on Public Diplomacy; Grants for 
international documentary exchange programs; and Reforming 
refugee processing. Finally, the amendment in the nature of a 
substitute struck the following provisions from the base bill: 
Passport execution fee; and Fraud prevention and detection 
fees.

                            III. Discussion

    S. 2971, the Foreign Relations Authorization Act, Fiscal 
Years 2010 and 2011, represents the first time since 2005 that 
the committee has reported out a full authorization bill for 
the State Department. This legislation addresses challenges 
that underlie the major foreign policy issues facing the United 
States and emphasizes the necessity of strengthening U.S. 
civilian institutions and providing diplomats and development 
experts the training, capabilities and management needed to 
advance critical foreign policy priorities globally.
    The legislation authorizes funds to allow the U.S. to 
deploy more Foreign Service Officers and provide those already 
in the field with more resources. The strains of insufficient 
personnel have resulted in lost opportunities for our 
diplomatic corps and limited the time available for necessary 
language and skills training for increasingly dangerous and 
difficult work. The committee recognizes that while work in the 
capitals of our traditional allies remains critical, much of 
our important diplomatic work is now also done in places such 
as in Beijing, Baghdad, Kabul and Islamabad, which demand 
different skill sets and support resources.
    Additionally, the committee affirms that U.S. diplomats 
should work out of high-performance, high quality embassies 
that reflect American values of openness, transparency and 
innovation. U.S. diplomats should also have access to the right 
type of training to prepare them for service to outlying and 
difficult posts.
    Finally, the committee believes that it is necessary to 
establish more flexible structures within the Department to 
enable it to move personnel and material to respond quickly to 
emerging crises. The Foreign Relations Authorization Act 
advances each of these aims and begins the process of 
establishing a blueprint for a stronger Department of State.
    The legislation promotes several important objectives. 
First, it modernizes the State Department and builds the 
capacity of U.S. diplomacy. The bill:

   Authorizes vital programs and increases for the State 
        Department and United States Agency for International 
        Development (USAID) Foreign Service corps to support 
        key priorities around the world.
   Addresses critical deficiencies in conflict prevention, 
        mitigation and resolution training for diplomats 
        deployed to conflict areas such as Afghanistan, 
        Pakistan, Iraq and Sudan.
   Establishes an Office for Global Women's Issues, headed by 
        an Ambassador-at-Large, to strengthen efforts to 
        promote gender integration and women's and girls' 
        economic, social and legal development, and to prevent 
        and respond to violence against women and girls.

    Second, S. 2971 increases accountability for our diplomatic 
and development programs. The bill:

   Strengthens the Office of the Inspector General for the 
        State Department and USAID by providing critical hiring 
        flexibility that greatly improves their ability to 
        compete for, recruit and retain qualified personnel, 
        especially for difficult to fill critical priority 
        posts in Iraq, Afghanistan, Pakistan, and Haiti.

    Third, the Act strengthens U.S. public diplomacy programs 
and activities. The bill:

   Promotes a reexamination of the public diplomacy strategy 
        for the United States to include greater public access 
        to American Centers.
   Clarifies authorities relating to the Broadcasting Board of 
        Governors (BBG).
   Promotes enhanced contributions of scientific and technical 
        knowledge to the pursuit of U.S. foreign policy 
        objectives.

    Finally, S. 2971 represents a renewed commitment to 
international organizations and U.S. foreign aid agencies. The 
bill:

   Authorizes funds and contributions to the United Nations 
        (UN), including support to peacekeeping operations in 
        countries ranging from Haiti to Sudan.
   Authorizes U.S. reengagement with the Inter-Parliamentary 
        Union (IPU), the oldest parliamentary association in 
        the world.
   Provides important revisions to the authorities of the 
        Millennium Challenge Corporation (MCC), including 
        clarifying the eligibility criteria for qualifying 
        countries, so it can better fulfill its mission of 
        fighting poverty and fostering sustainable economic 
        growth in the poorest countries around the world.
   Provides authorities to ensure USAID can support community 
        policing efforts, combat trafficking in persons, reduce 
        corruption, prevent conflict, and respond to disasters 
        in countries around the world.

    The committee also notes that the authorization of 
appropriations for State Department management and operations 
and related agencies for fiscal year 2011 mirrors the 
President's submitted budget request.

                      (A) SUMMARY OF FUNDS--($000)

                                     Summary of Funds Authorized by S. 2971
                                                  (in dollars)
----------------------------------------------------------------------------------------------------------------
                                                                      FY2010                        FY2011 SFRC
                                                                  Appropriations  FY2011 Request      Bill as
                                                                      Estimate                       Reported
----------------------------------------------------------------------------------------------------------------
  Diplomatic and Consular Programs..............................       8,366,000       9,545,221       9,545,221
    [Includes: Worldwide Security Upgrades].....................       1,586,214       1,560,700       1,560,700
  Capital Investment Fund.......................................         139,000         144,100         144,100
  Embassy Security Construction & Maintenance...................       1,724,150       1,681,500       1,681,500
Other State Department Accounts
  Civilian Stabilization Initiative.............................         120,000         184,000         184,000
  Educational and Cultural Exchange Programs....................         635,000         633,200         633,200
  Representation Allowance......................................           8,175           8,175           8,175
  Protection of Foreign Missions and Officials..................          28,000          27,200          27,200
  Emergencies in Diplomatic and Consular Service................          10,000          10,000          11,000
  Repatriation Loans............................................           1,450           1,450           1,450
  Payment to the American Institute in Taiwan...................          21,174          21,420          21,420
  Office of the Inspector General...............................         102,000         120,152         120,152
International Organizations
  Contributions for International Organizations.................       1,682,500       1,595,430       1,595,430
  Contributions for International Peacekeeping..................       2,125,000       2,182,300       2,182,300
International Commissions
  International Boundary and Water Commission, United States and          33,000          47,431          47,431
   Mexico.......................................................
  International Boundary Commission, United States and Canada...           2,359           2,422           2,422
  International Joint Commission................................           8,000           7,631           7,631
  International Fisheries Commissions...........................          53,976          43,600          43,600
Centers and Foundations
  National Endowment for Democracy..............................         118,000         105,000         105,000
  East-West Center..............................................          23,000          11,400          11,400
  The Asia Foundation...........................................          19,000          15,690          15,690
Migration and Refugee Assistance
  Total.........................................................       1,693,000       1,605,400       1,605,400
International Broadcasting Activities
  Total International Broadcasting..............................         746,410         768,778         768,778
Peace Corps
  Total Peace Corps.............................................         400,000         446,150         446,150
----------------------------------------------------------------------------------------------------------------

                    (B) SECTION-BY-SECTION ANALYSIS

Sec. 101. International litigation fund.

    In 2002, Congress authorized the Department to replenish 
partly the International Litigation Fund (ILF) by retaining a 
small percentage of amounts received for international claims 
prosecuted by the Department. See section 203 of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228, 22 
U.S.C. 2710). That authorization does not apply, however, to 
cases where the Department defends the United States against 
international claims--because in such cases an award favorable 
to the United States will not call for any payment on the 
claim. Nevertheless, the rules under which those latter cases 
are conducted permit costs, attorneys' fees and expenses to be 
awarded to the prevailing party. Under this provision, such 
awards paid to the United States by foreign governments and 
other foreign entities and persons would be credited to the 
ILF. These additional resources would be available to fund 
Department expenses related to proceedings before international 
tribunals and claims by or against foreign governments or other 
foreign entities or persons. The Department defends the United 
States in a number of such cases, notably North American Free 
Trade Agreement (NAFTA) investor-State arbitrations.
    This provision has been included numerous times in similar 
legislation in years past, including in H.R. 2410 (the 
companion to S. 2971), which was passed by the House in June 
2009).

Sec. 102. Actuarial valuations.

    Under existing law, the Secretary of the Treasury is 
required to perform certain statutory duties involving the 
Department of State's two retirement systems, the Foreign 
Service Retirement and Disability System (FSRDS) and the 
Foreign Service Pension System (FSPS), both of which are 
financed from the Foreign Service Retirement and Disability 
Fund (the Fund). The Secretary of the Treasury is required to 
prepare estimates of the annual appropriations required to be 
made to the Fund, and to make actuarial valuations of the two 
systems at intervals of not more than five years that will 
provide (1) the normal cost of the systems, (2) the 
supplemental liability of the systems, and (3) the amounts 
necessary to finance the costs of the systems. This section 
transfers the statutory responsibility for performing these 
actuarial duties from the Secretary of the Treasury to the 
Secretary of State. The committee understands that the 
Department of the Treasury supports this official change in 
responsibility, as it does not believe the Department of 
State's actuarial work is within the scope of Treasury's core 
mission.
    The section would also authorize 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. This would enable the Department of 
State to cover the costs of ongoing operations, and to make 
needed improvements in order to maintain and improve the 
Department of State's financial management capabilities. This 
authority would be consistent with the authority given to the 
Office of Personnel Management with respect to its 
administration of the Civil Service Retirement and Disability 
Systems. The same provision was included in H.R. 2410, which 
was passed by the House in the 111th Congress.

Sec. 103. Special agents.

    This provision would explicitly authorize 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 jurisdiction 
of the United States.
    This provision was included in H.R. 2410, which was passed 
by the House in the 111th Congress. A similar provision was 
included as section 215 in S. 2611, the Comprehensive 
Immigration Reform Act of 2006, which was passed by the Senate 
during the 109th Congress.

Sec. 104. Accountability review boards.

    This provision would extend by three years, to September 
30, 2012, a provision allowing the Secretary of State to 
conduct a less formal investigation for incidents involving 
``serious injury, loss of life, or significant destruction of 
property at, or related to, a United States Government mission 
in Afghanistan or Iraq'' instead of convening an Accountability 
Review Board (ARB) otherwise required under 22 U.S.C. 4831. The 
exemption currently applies only to incidents in Iraq and 
Afghanistan that occur between October 1, 2005 and September 
30, 2009. The committee believes the ongoing violence in 
Afghanistan and Iraq creates an impractical environment for 
such Boards.
    In many cases, a full ARB for such incidents in Iraq and 
Afghanistan is inconsistent with the security environment. 
Indeed, it could require the Department to send ARB members 
unnecessarily into harm's way to investigate an incident. 
Moreover, given the difficulty and security risks involved in 
pursuing investigations in Iraq and Afghanistan, a requirement 
to conduct a full ARB for all incidents covered by 22 U.S.C. 
4831 could place a strain on resources in the Department and at 
post. As a result, the committee believes that a three-year 
extension of the exemption for Iraq and Afghanistan, through 
fiscal year 2012, is warranted.
    The committee expects the Department to work to develop a 
strategy for conducting less formal investigations of security 
incidents and to keep the committee fully and regularly 
informed of its plans in this regard.
    The committee also believes that the current patchwork 
approach to ARBs, where the administration requests on an ad 
hoc basis temporary ARB exemptions for particularly dangerous 
or insecure posts, does not represent a sustainable solution to 
this issue. The administration should undertake a more 
comprehensive examination of the costs and benefits of 
accountability review boards and address more fundamental 
questions about the utility, efficiency, and fairness of ARBs. 
The committee directs the administration to undertake such a 
review and report back to Congress no later than September 30, 
2011 recommendations for a more systematic overhaul of ARBs.

Sec. 105. Security enhancements for soft targets.

    This provision expands the Department's current authority 
under section 29 of the State Department Basic Authorities Act 
of 1956 (P.L. 84-885, 22 U.S.C. 2701) to assist overseas 
schools with physical security enhancements as part of the 
Department's Soft Target program. Under the current provision, 
the Department's authority is limited to providing assistance 
related to buildings and real property used by the schools. 
Some facilities used by overseas schools, such as school buses, 
do not fit within this authority but frequently require 
security enhancements that the schools do not have the funding 
or expertise to provide. Indeed, overseas school buses carry 
dependents of U.S. employees and/or other U.S. citizens and 
operate on fixed routes and schedules, which increases the risk 
of attack. Expanded authority to provide assistance to overseas 
schools for such security enhancements would both benefit the 
Department and safeguard U.S. children overseas. Activities 
undertaken pursuant to this proposed authority would be funded 
from the Diplomatic and Consular Programs appropriation.

Sec. 106. Enhanced Department of State authority for uniformed security 
        officers.

    This provision would expand the circumstances under which 
uniformed security offices of the Department of State may carry 
firearms and enforce relevant laws and regulations. It also 
provides such officers limited arrest authority--to make 
arrests without warrant for any offense against the United 
States committed in their presence, and for felonies that 
relate to their protective functions. Virtually all other U.S. 
Government agencies that have statutory responsibility for the 
protection of persons or properties have these authorities. 
This section also authorizes the Secretary of State to issue 
regulations, comparable to General Services Administration 
(GSA) regulations, for properties belonging to foreign missions 
and international organizations in the United States and for 
other purposes consistent with the orderly administration of 
the Department's uniformed officers, in relation to their 
providing protective services under the Secretary's long 
established statutory responsibilities. The relevant 
authorities would be exercised only pursuant to guidelines 
approved by the Attorney General.

Sec. 107. Local guard contracts abroad under diplomatic security 
        program.

    This section would change the rules governing the cost 
analyses used by the Department of State in awarding local 
guard contracts under the Department's diplomatic security 
program. Under 22 U.S.C. 4864(c)(3), the Department of State is 
currently required to award local guard contracts to firms 
offering the lowest price technically acceptable (LPTA) for all 
such contracts that exceed $250,000. The committee believes 
that this provision limits the Department's ability to award 
local guard contracts in the most efficient manner at U.S. 
diplomatic missions abroad and may result in sub-standard 
performance as contractors are, in the end, unable to provide 
necessary services at the contract price--resulting in either 
unacceptable levels of security service or additional costs 
that far and above exceed other bids. As recent incidents in 
Afghanistan and other locations have demonstrated, selecting a 
contractor strictly on a lowest cost basis has resulted in 
significant unintended consequences. Federal acquisition 
regulations normally allow contracting agencies to determine 
the selection criteria for making an award of a service 
contract. Where local guard contracts are awarded on the basis 
of LPTA, however, contractors sometime offer their employees 
minimal training, wages, and benefits in order to ensure their 
competitiveness for award. The Department has found that this 
type of bidding arrangement often results in poorly trained 
guard forces with poor morale and high personnel turnover, 
which significantly undermines the operational effectiveness of 
the guard force. By allowing the Department to award local 
guard contracts on the basis of either LPTA or best value cost-
technical tradeoff, the provision would allow the Department to 
select award criteria best suited to the local conditions. The 
committee recognizes that a best value approach may result in 
paying more for some non-cost factors (e.g., proven mission 
capability, lower proposal risk, and solid past performance in 
similar areas) as well as cost factors such as wages and 
benefits that exceed local minimums. However, the committee 
believes that the enhanced security posture from a best value 
approach will often outweigh the expected price increase--
particularly in countries with dangerous or hostile 
environments.

Sec. 108. Overseas procurement flexibility.

    This section provides the Department of State the authority 
to waive certain laws and regulations applicable to domestic 
contracting when the Department contracts overseas for local 
goods, services and utilities and determines that it could not 
reasonably meet the needs of a post or facility for such goods 
and services by use of other available authorities.
    The Department's Bureau of Overseas Buildings Operations 
(OBO), currently has statutory authority to waive acquisition 
laws. OBO uses this authority sparingly, only after a 
determination signed by its Director that it is in the 
government's best interests to waive an otherwise applicable 
acquisition law or regulation. This section would provide the 
Department of State with similar flexibility to assist overseas 
posts when faced with circumstances where application of U.S. 
law and regulation prevents them from reasonably meeting their 
needs, such as when:

   Contracting for hotel rooms, where the contractor refuses 
        to accept a Federal Acquisition Regulation (FAR)-based 
        contract (e.g., contractor requires advance payments).
   Contracting for telecommunications service, provided by the 
        host government or government-owned corporation, where 
        there is only one source available and that source will 
        not accept a contract containing FAR clauses.
   Contracting for health or life insurance for Foreign 
        Service Nationals, which involves highly regulated 
        foreign industries that do not recognize or accept FAR 
        procedures.
   Leasing vehicles where contractor requires purchase of 
        insurance providing standard commercial indemnification 
        customary in the marketplace.

    Under this section, the Secretary is required to issue 
guidance addressing use of the authority that would require 
waivers to be approved in writing by the Department's 
Procurement Executive. Any actions over $2 million would also 
be approved in writing by the Department's Chief Acquisition 
Officer. Neither approval could be delegated. Competition would 
continue to be used wherever practicable. In addition, this 
waiver authority would not apply to procurements from U.S. 
domestic sources for shipment and use overseas. Those 
transactions would continue to be subject to current laws and 
the FAR.

Sec. 109. Renaming of Bureau of Oceans and International Environmental 
        and Scientific Affairs.

    This technical amendment is intended to simplify the name 
of the bureau within the State Department that is currently 
named the ``Bureau of Oceans and International Environmental 
and Scientific Affairs.''

Sec. 110. Extension of period for reimbursement for seized commercial 
        fishermen.

    This provision amends the Fishermen's Protective Act of 
1967 (FPA) (P.L. 90-482) to extend by five years the Secretary 
of State's authority to reimburse fishermen for the fines and 
direct costs incurred from the illegal seizure and detention of 
a U.S.-flag fishing vessel by a foreign government as a result 
of a claim of jurisdiction not recognized by the United States. 
The authority for this program expired on October 1, 2008. 
Maintaining this authority is necessary to safeguard the 
interests of U.S. fishermen operating legally in areas under 
U.S. jurisdiction where that jurisdiction may be in dispute 
with another country. This provision also protects the legal 
position of the United States with respect to any such disputed 
claims.

Sec. 111. Authority to issue administrative subpoenas.

    This section provides subpoena authorities for the Bureau 
of Diplomatic Security's performance of protective duties and 
investigation of passport and visa fraud cases. A proposed 
authority with respect to protective duties was included in S. 
600, which was reported by the committee to the Senate during 
the 109th Congress.

Sec. 112. Home-to-work transportation.

    This provision amends 31 U.S.C. 1344 to allow the 
Department to provide home-to-work transportation for the 
Deputy Secretary of State for Management and Resources. Under 
the current provision, the Department may provide 
transportation to the Deputy Secretary of State as the 
Secretary's ``principal deputy'' under subsection (b)(3)(B). 
The current provision does not, however, account for the 
establishment of the position of Deputy Secretary of State for 
Management and Resources (as a Level II Executive under 5 
U.S.C. 5313) in section 404 of the Departments of Commerce, 
Justice, and State, the Judiciary, and Related Agencies 
Appropriations Act, Fiscal Year 2001 (P.L. 106-553, App. B, 22 
U.S.C. 2651a(a)(2)). The Department has stated to the committee 
that it believes that home-to-work transportation is equally 
important for the Deputy Secretary of State for Management and 
Resources, for both operational and security reasons.

Sec. 113. Technical amendment to Federal Workforce Flexibility Act.

    This provision clarifies the effect of an amendment made by 
the Federal Workforce Flexibility Act of 2004 (P.L. 108-411) to 
the recruitment, relocation, and retention benefit authorities 
in Title 5, United States Code. Section 101 of the Federal 
Workforce Flexibility Act, which amended sections 5753 and 5754 
of Title 5, prohibited payment of recruitment, relocation, and 
retention benefits to a person who holds ``a position to which 
an individual is appointed by the President, by and with the 
advice and consent of the Senate.'' Although this language was 
intended to prohibit agencies from providing such benefits to 
traditional political appointees, it could be interpreted to 
have the unintended effect of excluding all Foreign Service 
Officers, as defined by Section 103(4) of the Foreign Service 
Act of 1980 (P.L. 96-465, 22 U.S.C. 3903(4)), because Foreign 
Service Officers are appointed by the President under section 
302(a)(1) of the Foreign Service Act. The provision also makes 
clear that ambassador-level appointees will remain subject to 
the existing restrictions of sections 5753 and 5754. Clarifying 
the Department's authority to provide these benefits to Foreign 
Service Officers would strengthen the Department's ongoing 
efforts to attract and retain talented and motivated 
professionals from around the country, which is imperative at a 
time when the U.S. diplomatic corps is being asked to take on 
increasingly difficult assignments in exceptionally dangerous 
places.

Sec. 114. Emergency Refugee and Migration Assistance Account.

    This provision increases funding authorization levels for 
the Emergency Refugee and Migration Assistance (ERMA) Account 
from $100,000,000 to $200,000,000. The committee believes the 
increase is warranted given the proliferation of humanitarian 
crises involving refugee and migration issues which require an 
immediate and flexible response.

Sec. 115. Annual Report on International Religious Freedom

    This provision amends the International Religious Freedom 
Act of 1998 (P.L. 105-292) to change the reporting date for the 
Annual Report on International Religious Freedom to April 1, in 
order to synchronize it with the due date for other State 
Department Human Rights Reports.

Sec. 116. Assistant Secretary for International Information Programs.

    This provision elevates the ``Coordinator'' for 
International Information Programs to an Assistant Secretary of 
State. This will create parity with the other two public 
diplomacy Bureaus--Educational and Cultural Affairs and Public 
Affairs--each of which are headed by Assistant Secretaries of 
State.

Sec. 117. Reimbursement for use of government vehicles overseas.

    This provision amends section 28 of the State Department 
Basic Authorities Act of 1956 (P.L. 84-885, 22 U.S.C. 2700) to 
enable the Department of State to retain reimbursements for 
certain uses of motor vehicles overseas. Section 28 allows the 
Secretary of State to authorize the principal officers of 
overseas posts to provide for the use of government-owned and 
leased vehicles to transport employees and their families when 
local transportation is unsafe or unavailable or when such use 
is advantageous to the government. Pursuant to Department 
guidelines, employees who use these vehicles for certain 
authorized purposes, such as home-to-office transportation for 
employees at post on temporary duty assignment, pay charges set 
by the post that reflect the cost of maintaining and operating 
the vehicles.

Sec. 121. Public diplomacy resource centers.

    This provision states that it is the Sense of the Congress 
that the Secretary of State should: (1) initiate a 
reexamination of the public diplomacy platform strategy of the 
United States with a goal of reestablishing publicly accessible 
American Centers; and (2) taking into account security 
considerations, consider placing U.S. public diplomacy 
facilities at locations conducive to maximizing their use.
    The Secure Embassy Construction and Counterterrorism Act of 
1999 (P.L. 106-113, 22 U.S.C. 4865(a)(2)(B)) provided the 
Secretary of State with the authority to waive certain 
requirements of the Act, including the requirement that all 
official American personnel be co-located on an Embassy 
compound. The committee believes that, to the extent security 
requirements permit, greater consideration should be given 
towards placing U.S. public diplomacy facilities in locations 
where they can be more easily accessed by the audiences we are 
trying to reach through our public diplomacy. In many 
countries, American Centers are housed within the Embassy 
compound and security requirements for entry into the compound 
are such that fewer and fewer foreigners are willing to make 
use of the American Centers. This language is similar to S. 
Res. 49 introduced by Senator Lugar and passed in the Senate on 
May 19, 2009, and mirrors the co-location exemption afforded 
the Peace Corps.

Sec. 122. Employment of noncitizens for international broadcasting.

    This provision clarifies the BBG's authority to hire the 
best qualified candidate for a position, even if that candidate 
is not an American citizen.
    At various times during the agency's history, first under 
the United States Information Agency (USIA) and subsequently 
under the BBG, uncertainty has arisen as to whether applicable 
law requires the agency to give employment preference to U.S. 
citizens, even if a better qualified applicant, who is a non-
citizen, is available. While the agency for more than 20 years 
has interpreted its authorities to provide flexibility to hire 
the best qualified applicant, the committee believes it would 
be useful to confirm this understanding by statute.

Sec. 123. Radio Free Europe and Radio Liberty pay parity.

    This provision allows parity of compensation between Radio 
Free Europe (RFE)/Radio Liberty (RL) employees and those of 
other Federal employees, and would bring RFE/RL's compensation 
policies in line with the overall policy of the BBG. Doing so 
would provide equitable treatment for RFE/RL employees, and 
assist RFE/RL to recruit and retain employees. Currently, RFE/
RL is the only broadcasting entity of the BBG with salaries not 
fully compatible with the Senior Executive Service pay system.

Sec. 124. Radio Free Asia.

    This provision amends the United States International 
Broadcasting Act of 1994 (P.L. 103-236) to authorize Radio Free 
Asia (RFA) through September 30, 2011. RFA is a private, 
nonprofit corporation that broadcasts news, cultural 
programming, and other information in several languages to 
countries in Asia. Under current law, the authorization for RFA 
expires at the end of fiscal year 2010.
    RFA's mission is to provide in-country news and information 
to countries that do not permit free media. All but one of 
RFA's target countries--China, North Korea, Burma, Laos, 
Vietnam, and Cambodia--are Communist, military, or 
authoritarian regimes that give no indication of allowing a 
free indigenous press any time in the near future. This 
provision makes the authorization of RFA consistent with that 
of other ``surrogate'' entities overseen by the BBG, including 
RFE/RL, the Office of Cuba Broadcasting, and the Middle East 
Broadcast Network.

Sec. 125. Personal services contracting program for the Broadcasting 
        Board of Governors.

    This section permits the BBG to employ up to 60 personal 
services contractors at any time. This program is extended 
until December 31, 2011. 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.

Sec. 126. United States Advisory Commission on Public Diplomacy.

    Subsection (a) amends the Foreign Affairs Reform and 
Restructuring Act of 1998 (P.L. 105-277) to reauthorize the 
United States Advisory Commission on Public Diplomacy through 
October 1, 2011. Subsection (b) mandates regular studies by the 
Commission for submission to Congress and authorizes the 
Commission to use funds in its allotted budget to award grants 
to assist in carrying out its duties. 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.

Sec. 127. Dissemination of public diplomacy information within the 
        United States.

    This provision amends the United States Information and 
Educational Exchange Act of 1948 (P.L. 80-402), commonly known 
as the ``Smith-Mundt Act,'' to allow the BBG to make available 
to the Archivist of the United States, for domestic 
distribution, motion pictures, films, videotape, and other 
material prepared by the BBG for dissemination abroad 2 years 
after the initial dissemination of the material abroad, or in 
the case of such material not disseminated abroad, 2 years 
after the preparation of the material. The the Secretary of 
State and the BBG may be reimbursed for any attendant expenses. 
This changes the current statute which prohibits domestic 
dissemination for 12 years. There is widespread dissatisfaction 
with the current statute and waivers are frequently requested 
for domestic dissemination. This would make the cumbersome and 
time-consuming waiver process less frequent while still 
preventing the immediate dissemination of BBG materials for 
perceived ``domestic propaganda'' purposes.

Sec. 128. Science and technology fellowships.

    This section authorizes the Secretary of State, under the 
authority, direction, and control of the President and in 
accordance with the Mutual Educational and Cultural Exchange 
Act of 1961 (P.L. 87-256), to increase the number of 
educational and cultural exchange activities involving persons 
from scientific, medicine, research, and academic sectors by: 
(1) establishing new Mutual Educational and Cultural Exchange 
Programs; and (2) expanding the coverage of existing Programs. 
This section would also give the Department grant authority to 
assume the support function, institutionalize the Jefferson 
Science Fellows program, and provide similar support as 
appropriate for other science fellowship programs. The 
provision makes clear that stipends paid to fellows under 
grants made by the Department are not to be considered 
``compensation'' by the federal government, and that the 
payment by outside sources of the salary and benefits of 
science and technology fellows to science fellows who serve as 
unpaid consultants therefore does not violate 18 U.S.C. 209.
    This section includes elements of the bill S. 838 
introduced by Senator Lugar on April 21, 2009, which directs 
the Secretary to appoint United States Science Envoys to 
represent the U.S. commitment to collaborate with other 
countries to promote the advancement of science and technology 
throughout the world based on issues of common interest and 
expertise.

Sec. 129. Grants for international documentary exchange programs.

    This provision 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 among individuals in other countries. 
Subsection (a) authorizes the making of grants to support such 
films, subsection (b) outlines certain activities that should 
be supported, subsection (c) outlines a preference for 
organizations that are cost-effective and experienced, 
subsection (d) provides for a report on the implementation of 
this section, and subsection (e) authorizes such sums as 
necessary for fiscal years 2010 and 2011 to carry out this 
section.
    It is the intent of this provision to create an exchange of 
noncommercial, independently produced documentary films between 
the United States and other countries that will convey a 
diversity of views about life in the United States. This 
reflects the critical need in public diplomacy for high-
quality, authentic, credible, independent voices to be created 
and distributed on television and digital platforms.

Sec. 130. Transfer of the Vietnam Education Foundation to the 
        Department of State.

    This section makes various amendments to the Vietnam 
Education Foundation Act of 2000 (P.L. 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) reforms the 
Foundation's fellowship program to focus on academic computer 
science, public policy, and academic and public management. 
Subsection (e) vests appointment of the Executive Director of 
the Foundation with the Secretary. Subsection (f) makes certain 
conforming amendments. Subsection (g) makes certain amendments 
to the Mutual Educational and Cultural Exchange Act of 1961. 
Subsection (h) provides for transfer of functions of the 
Foundation to the Department. Subsection (i) provides for 
graduate level academic and public policy management leadership 
programs through ECA or through the Foundation. Subsection (j) 
provides that the amendments in this section of the act shall 
take place 90 days after enactment of the section.

Sec. 131. Broadcasting Board of Governors.

    This provision (a) eliminates editorials as a broadcasting 
requirement of the United States Government (USG) and (b) 
extends civil liability immunity to members of the Middle East 
Broadcasting Networks to bring it in line with immunities 
afforded other BBG entities.

Sec. 132. Statement of policy regarding citizen diplomacy.

    This provision states that it is the policy of the United 
States to recognize the work of citizen diplomacy organizations 
and individual citizen diplomat volunteers, to encourage more 
Americans to engage in global citizenship activities, including 
studying abroad, hosting foreign students, and participating in 
international volunteer programs. It also supports existing and 
new programs at the Department of State that foster citizen 
diplomacy and development missions.

Sec. 133. Performance-based measurement reporting requirements for 
        international exchange programs.

    This provision seeks to strengthen the public-private 
partnership and U.S. government run international exchange 
programs by introducing performance-based measurements to 
accurately assess the overall well-being of international 
secondary education exchange programs. In order to perform 
effectively and to understand where and how to make 
adjustments, the State Department's Bureau of Educational and 
Cultural Affairs shall implement a performance-based 
measurement system that allows them to track the performance of 
students while on exchanges, the performance of host parents, 
and the performance of sponsoring organizations. The committee 
intends to review the annual report submitted by the Bureau of 
Educational and Cultural Affairs with a view to ensuring that 
deficiencies in program performance are remedied.

Sec. 141. Reforming refugee processing.

    This provision amends section 209 of the Immigration and 
Nationality Act (P.L. 82-414, 8 U.S.C. 1159), which mandates 
that the Department of Homeland Security detain in custody 
refugees who do not file for adjustment of status by the one 
year anniversary of the date they obtained refugee status.
    Current law mandates that refugees who do not file for 
adjustment of status by the one year anniversary of achieving 
refugee status must be detained in custody by DHS. This 
represents a disparity in treatment of refugees from asylum-
seekers, who are not subject to mandatory detention for failing 
to file by their one year anniversary.
    This provision remedies what has long been seen as an 
unnecessary hardship in U.S. refugee law. Mandating detention 
for those who may not know of the precise status-adjustment 
deadline, and who may need time to procure assistance with the 
process is unnecessary.

Sec. 142. Definition of ``use'' in passport and visa offenses.

    This section clarifies that for purposes of crimes 
described in Chapter 75 of Title 18 of the U.S. Code, which 
cover a variety of passport and visa fraud offenses, the terms 
``use'' and ``uses'' shall be given their plain meaning, to 
include use of such documents for identification purposes. 
Prosecution of passport-related offenses has previously been 
limited in some cases by ambiguity concerning the scope of the 
terms ``use'' and ``uses.''

Sec. 143. Visa ineligibility for international child abduction.

    Under section 212(a)(10)(C) of the Immigration and 
Nationality Act (P.L. 82-414, 8 U.S.C. 1182(a)(10)(C)), an 
individual who detains or withholds custody of a U.S. citizen 
child outside the United States from the individual granted 
custody of the child by a U.S. court, or a person who provides 
material support to such an individual, is ineligible for a 
visa to enter the United States. However, this visa 
ineligibility provision does not apply where the child is 
located in a country that is a party to the Hague Convention on 
the Civil Aspects of International Child Abduction. This 
exception was intended to allow the procedures under the Hague 
Convention to provide the sole set of remedies for the return 
of the child, and to insulate procedures under the Convention 
in a given case (which can be very delicate) from being 
derailed by a declaration that an abductor or his/her supporter 
is ineligible for a visa.
    This provision amends section 212 to permit the visa 
ineligibility to be applied regardless of whether the child is 
located in a country that is a party to the Hague Convention. 
The Department's Office of Children's Issues, the U.S. Central 
Authority under the Convention, has reported a number of cases 
where a child has been abducted to a party to the Convention 
and the Convention's remedies have thus far proven inadequate 
to reach a resolution. The committee believes that it is 
important for the U.S. to support the Hague Convention and that 
permitting travel by aliens who have violated international 
obligations under the Hague Convention is inconsistent with 
that support.

Sec. 144. Vaccination waiver for adopted children.

    Under section 212(a)(1)(A)(ii) of the Immigration and 
Nationality Act (P.L. 82-414, 8 U.S.C. 1182(a)(1)(A)(ii)), 
aliens may not be admitted to the United States unless they 
present documentation of certain required vaccinations. Section 
212(a)(1)(C) provides an exemption from this requirement for 
children under ten years old who are adopted from countries 
with which the Hague Convention on Protection of Children and 
Co-operation in Respect of Intercountry Adoption is not in 
force for the United States, so long as the adoptive parent 
executes an affidavit stating that the child will receive the 
required vaccinations within 30 days of the child's admission 
(or at the earliest medically appropriate time). At the time of 
the original provision, the United States had not ratified the 
Convention. This provision amends section 212(a)(1)(C) to 
provide the same exemption for children who are adopted from 
countries with which the Hague Convention is in force for the 
United States. This resolves an inequity in the treatment of 
adoptive children based solely on their country of origin.

Sec. 145. Signed photograph requirement for visa applications.

    This provision eliminates the requirement that visa 
applicants submit signed photographs with their visa 
applications under section 221(b) of the Immigration and 
Nationality Act (P.L. 82-414, 8 U.S.C. 1201(b)). As the Visa 
Office moves to an electronic visa application system, in 
accordance with the Government Paperwork Elimination Act (P.L. 
105-277), requiring applicants to sign the photographs 
submitted with their applications is no longer sensible. 
Applicants who submit electronic visa applications will submit 
digital photographs, and it is not feasible to require 
applicants to sign the photographs (either physically or 
electronically). Eliminating the signature requirements will 
not undermine the integrity of the application process because 
there are a variety of other security measures, including 
fingerprinting, in place to ensure that applicants are who they 
purport to be.

Sec. 146. Electronic transmission of domestic violence information to 
        visa applicants.

    This provision permits the Department of State to provide 
certain required information to K visa applicants by e-mail 
where the Department has an e-mail address for the applicant 
and if the applicant consents to the electronic service. Under 
the current provision, the Department is required to mail K 
visa applicants a pamphlet with information regarding the visa 
application process, domestic violence laws and resources, 
rights of immigrant victims, and information concerning the 
petitioner for the visa. Where an applicant has provided an e-
mail address and consents to receiving information via email, 
the committee believes that e-mail is less expensive than 
standard mail and more likely to reach applicants because they 
are likely to have access to e-mail even when they are away 
from their primary residence.

Sec. 147. Sibling adoptions.

    This section amends the Immigration and Nationality Act to 
facilitate the inter-country adoption of siblings. Under 
section 101(b)(1)(F) of the Immigration and Nationality Act 
(INA) (8 U.S.C. 1101(b)(1)(F)), an adopted child under the age 
of 18 is classified as an immediate relative when a natural 
(birth) sibling has also been adopted by the same U.S. citizen 
from a country with which the Hague Convention on Protection of 
Children and Co-operation in Respect of Intercountry Adoption 
is not in force for the United States. In contrast, under 
section 101(b)(1)(G) of the INA, this classification is not 
available for children between the ages of 16 and 18 who are 
natural siblings of children adopted from countries with which 
the Hague Convention is in force for the United States. As a 
result of this apparently inadvertent omission, those latter 
siblings may not enter the United States in this classification 
as an immediate relative of a U.S. citizen. The only available 
alternative for immediate relative status for a child between 
the ages of 16 and 18 from a Hague Convention country who has 
been adopted by the same U.S. citizen as a sibling under the 
age of 16 would be for both children to qualify under section 
101(b)(1)(E) of the INA. However, this would require that the 
adoptive parent does not intend to take up residence in the 
United States immediately after the adoptions, and (unless an 
exception for battery or extreme cruelty within the adoptive 
household applies) both children must have been in the legal 
custody of, and resided with, the adoptive parent outside the 
United States for at least two years prior to entry. This 
creates an unnecessary disparity between ``Hague'' and ``non-
Hague'' adoptions. In order to correct this disparity, this 
provision amends section 101(b)(1)(G) to provide that an 
adopted child under the age of 18 will be classified as an 
immediate relative when a natural sibling has also been adopted 
by a U.S. citizen from a country with which the Hague 
Convention is in force for the United States.

Sec. 148. Technical amendments relating to the Intelligence Reform and 
        Terrorism Prevention Act of 2004.

    This section makes technical corrections relating to 
provisions of the Intelligence Reform and Terrorism Prevention 
Act of 2004 (P.L. 108-458). It provides that systems deployed 
under that Act to detect fraudulent documents must be 
compatible with those of both the Department of Homeland 
Security and the Department of State. It also transfers from 
the Secretary of State to the Secretary of Homeland Security 
responsibility under the Act for securing transit passage areas 
at ports of entry within the United States. (8 U.S.C. 1185 
note)

Sec. 149. Videoconference interviews.

    This section authorizes a 2-year pilot program that uses 
secure 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 efficacies 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 United 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. While concerns 
remain about the security implications of using remote 
videoconferencing, for years there has been interest in testing 
videoconferencing technology for consular officers to use in 
conducting visa interviews, and this provision would permit the 
first step in the exploration of that possibility. The 
committee encourages the State Department to test the use of 
this technology in the visa issuance process to identify its 
potential future use, while maintaining the utmost concern for 
the security of the process.

Sec. 201. Creation of a modern and expeditionary Foreign Service.

    This provision amends the Foreign Service Act of 1980 to: 
(1) expand Foreign Service functions; (2) require that all 
Foreign Service officers be available for worldwide assignment; 
(3) provide for training in conflict resolution, and in the 
ability to function in unstable areas or areas without civil 
authority; (4) provide for recruitment of candidates with 
experience in unstable situations; and (5) provide for advanced 
academic training.
    Since the end of the Cold War and in a post-9/11 
environment, the complexity of responding to international 
security challenges has increased. They are transnational in 
nature, require civilian capacity to address them, and capacity 
to operate locally to prevent problems or find solutions. This 
requires more civilian personnel and resources and a change in 
the way they function. The committee believes that resources 
for civilian agencies have been allowed to atrophy to the point 
that U.S. engagement is weakened in confronting emerging 
challenges and transnational threats. USAID's foreign 
assistance expertise started to decline before the 1990s. While 
the Department of State's personnel levels have remained 
essentially flat, its responsibilities have increased in 
response to new embassies in Eastern Europe, security needs, 
and operations in Afghanistan and Iraq.
    Foreign aid levels during the 1990s declined to their 
lowest levels since U.S. foreign aid programs began in earnest 
in 1946. Aid levels rebounded since 2002 to levels comparable 
to the 1960s and early 1970s, a period when USAID personnel 
levels were at their zenith. As a result of the decline in 
resources, civilian agencies find themselves unable to be full 
partners in promoting U.S. national security interests. While 
many of the challenges facing U.S. diplomacy and development 
call for a reorganization of the U.S. foreign policy apparatus, 
the first priority must be to strengthen the civilian capacity 
of our diplomatic and development institutions. This entails a 
significant investment in hiring more personnel, increasing 
subject-matter expertise, providing the training and inter-
agency experience necessary for a whole of government approach, 
and embracing technology as means to implement these changes.
    Personnel reforms should reward innovation, performance, 
breadth of experience across different issue areas, and 
effective management of risks (as opposed to the prevailing 
culture of risk avoidance). The point of these reforms is to 
change the jobs that diplomats do. The new challenges will not 
be met by the diplomatic practices and institutions of the 
past.
    The American Academy of Diplomacy and the Henry L. Stimson 
Center Study--``A Foreign Affairs Budget for the Future: Fixing 
the Crisis in Diplomatic Readiness''--noted:

          Currently the Secretary of State lacks the tools--
        people, competencies, authorities, programs and 
        funding--to execute the President's foreign policies. 
        The status quo cannot continue without serious damage 
        to our vital interests. We must invest on an urgent 
        basis in our capabilities in the State Department, 
        USAID, and related organizations to ensure we can meet 
        our foreign policy and national security objectives. 
        There must be enough diplomatic, public diplomacy, and 
        foreign assistance professionals overseas and they 
        cannot remain behind the walls of fortress embassies. 
        They must be equipped and trained to be out, engaged 
        with the populace and, where needed, working closely 
        with the nation's military forces to advance America's 
        interests and goals.

    The study recommends that U.S. direct-hire staffing in the 
four categories above be increased over FY2008 levels by 4,735 
over the timeframe of 2010-2014, a growth of 46 percent above 
current levels in these categories (20 percent of total State/
USAID staffing), to be accompanied by significant increases in 
training and in the number of locally employed staff overseas; 
the additional staff and related costs will rise to $2 billion 
annually by FY2014.
    The committee strongly concurs with the recommendations of 
that study and the recommendations of similar analyses that 
call for a significant increase in civilian resources and 
personnel dedicated to strengthening our diplomacy and 
development missions.

Sec. 202. Conflict prevention, mitigation, and resolution training.

    This section directs the Secretary of State to ensure that 
Foreign Service Officers who are being deployed to areas 
undergoing significant conflict or considered to be at risk of 
significant conflict receive appropriate training in conflict 
prevention, mitigation, resolution, and related civilian-
military coordination. Such training is especially important 
for personnel deployed to areas such as Afghanistan, Pakistan, 
Iraq and Sudan. The Secretary is directed to submit a report to 
the appropriate congressional committees not later than one 
year after the date of the enactment of this Act, detailing 
efforts made by the Department to further expand and facilitate 
this training.

203. Mass atrocities.

    This provision reaffirms the United States commitment to 
supporting efforts to prevent genocide and mass atrocities, and 
the conviction that such preventive action is in the 
humanitarian and strategic interest of the United States.
    The United States is a party to the 1948 UN Convention on 
the Prevention and Punishment of the Crime of Genocide, which 
provides that genocide, whether committed in time of peace or 
in time of war, is a crime under international law that 
contracting parties will undertake to prevent and to punish.
    Recognizing patterns of escalating tensions that may evolve 
into acts of mass atrocities or genocide is critical; this 
provision directs the Secretary to submit an assessment of 
current methods to monitor indicators of potential mass 
atrocities. Additionally, the Secretary of State is directed to 
submit an assessment of existing capabilities to provide early 
warnings to relevant agencies and congressional committees to 
reduce the risk of mass atrocities against civilians.
    Mass atrocities are carried out systematically and often 
come with recognizable early indicators. The committee believes 
it is necessary to have a policy framework in place that 
institutionalizes the analysis of these indicators and, when 
necessary, spurs the consideration of further action. Not only 
can proactive efforts stem the loss of life, but preventive 
measures can also help avert the development of long-lasting 
international crises that ultimately bear even higher economic 
and human costs.

Sec. 204. Crisis response.

    This section provides the Department of State additional 
hiring flexibility for positions related to crisis response 
activities carried out under the Reconstruction and 
Stabilization Civilian Management Act of 2008 (P.L. 110-417, 
Title XVI). Specifically, it allows for the inclusion of 
individuals employed by personal services contract, including 
locally employed staff who are employed by participating 
agencies.

Sec. 212. Overseas comparability pay adjustment.

    This provision amends the Foreign Service Act of 1980 to 
eliminate the disparity in pay between Washington, D.C.-based 
Foreign Service officers at the FS-01 level and below and their 
colleagues assigned overseas. When assigned overseas, these 
Foreign Service Officers currently take a cut in basic pay of 
just under 24 percent even though we are asking more of them to 
serve in difficult, dangerous and volatile environments. This 
disparity is the result of the exclusion of positions outside 
the continental United States from the locality pay provision 
in the Federal Employees Pay Comparability Act of 1990 (P.L. 
101-509, 5 U.S.C. 5304). This exclusion was intended to prevent 
employees in non-foreign areas from receiving both locality pay 
and the non-foreign-area allowances; Foreign Service Officers 
serving overseas were not contemplated. The disparity in basic 
pay between overseas and domestic assignments continues to 
grow, as it has each year since the implementation of locality 
pay in 1994, and is increasingly undermining existing 
incentives to serve overseas. By restoring the basic pay equity 
between Washington, D.C. and overseas that existed prior to the 
implementation of locality pay, this provision would eliminate 
the disparity for entry and mid-level Foreign Service employees 
of all foreign affairs agencies. The pay gap for the Senior 
Foreign Service was effectively eliminated when pay-for-
performance was introduced in 2004. Under the provision, a new 
section would be added to Chapter 4 of the Foreign Service Act 
of 1980 providing that Foreign Service officers at class 1 or 
below who are stationed outside the continental United States 
(and not in a non-foreign area) would receive locality-based 
comparability payments equal to the payments that would be 
provided under 5 U.S.C. 5304 if his or her official duty 
station were in Washington, D.C. The phase-in period would be 
completed by the first pay period of fiscal year 2011. The 
provision also makes conforming amendments to Chapter 8 of the 
Foreign Service Act of 1980 to sunset application of overseas 
``virtual locality pay,'' which adjusts the computation of 
basic salary for purposes of determining retirement benefits to 
include locality pay for Foreign Service Officers overseas. 
Virtual locality pay will no longer be required after full 
implementation of locality-based comparability payments 
overseas. A similar provision is included in H.R. 2410, which 
was passed by the House in the 111th Congress. During the 110th 
Congress, similar provisions appeared in H.R. 3202, which was 
reported in the House, and S. 3426, which was reported in the 
Senate.

Sec. 221. Death gratuity.

    This provision amends the Foreign Service Act of 1980 to 
provide for a more consistent and higher amount of a death 
gratuity to the surviving dependents of Foreign Service 
employees who die as a result of injuries sustained in 
performance of duty abroad. The current death gratuity amount 
is one year's salary. The provision for Foreign Service 
Officers would link the amount to the salary at the EX-II 
level. The EX-II level is the highest base salary level for 
Senior Foreign Service members. It is currently $177,000 and is 
adjusted yearly. For Foreign Service Nationals and other 
Locally Employed (LE) staff who are compensated under local 
compensation plans, the amount would be equal to the greater of 
either one year's salary at the time of death or one year's 
basic salary at the highest step of the highest grade on the 
Local Compensation Plan from which the employee was being paid 
(excluding Exception Rate Ranges or Exception Grades). The 
increased costs to the Department would be the difference 
between the member's annual base salary and the EX-II salary 
level or the highest relevant LE salary level. A similar 
provision is included in H.R. 2410, which was passed by the 
House in the 111th Congress.

Sec. 222. Expansion and extension of annuitant waiver for response 
        readiness corps.

    This provision, requested by the Department of State, is 
the result of limitations included in the definition of 
``personnel'' in the Reconstruction and Stabilization Civilian 
Management Act of 2008, which authorizes the Civilian Response 
Corps (CRC). In the Act, all CRC personnel have to be Title 5 
USG Civil Service or Foreign Service employees. This is not a 
problem for the Active component as they are all hired as USG 
employees. However, it is a problem for the Standby component. 
USAID, in particular (although it also applies to some of the 
other departments/agencies participating in the CRC), has many 
Foreign Service national and personal services contractors on 
staff with skills and abilities that should be tapped as part 
of the Standby component. USAID also has a plurality of Standby 
component members--728 of the 2000 total--and simply does not 
have enough Title 5 USG employees to meet that goal. By 
expanding the definition to include FSNs and PSCs, the CRC will 
be able to take advantage of this rich and talented resource 
pool at USAID and elsewhere, which will make for a better CRC 
overall.

Sec. 223. Reemployment of annuitants.

    This provision allows the Department of State greater 
flexibility to reemploy Foreign Service annuitants as needed 
when there is difficulty in recruiting or retaining a qualified 
employee. Certain authorities in section 824(g) of the Foreign 
Service Act of 1980 (22 U.S.C. 4064(g)) are linked to 
Afghanistan and Iraq, and are scheduled to sunset in 2009. This 
provision expands those authorities to allow the Department to 
address hiring needs in the dynamic foreign affairs environment 
and make them permanent. The same provision was included in 
H.R. 2410, which was passed by the House of Representatives in 
the 111th Congress.

Sec. 224. Locally employed staff.

    This section directs the Secretary to undertake a review to 
assess the adequacy of locally employed staff compensation. It 
also directs the Secretary to establish a database for salary 
and compensation information for locally employed staff, as 
recommended by the Department of State's Inspector General. The 
Secretary shall report to Congress on the status of efforts to 
implement these recommendations and address critical LE 
recruitment, retention and compensation issues in furtherance 
of U.S. foreign policy goals and objectives.
    U.S. embassies and consulates worldwide retain over 51,000 
locally employed (LE) staff under local compensation plans 
(LCPs) in about 170 overseas missions. A report by the Office 
of Inspector General of the Department of State and the BBG, 
entitled ``Review of Locally Employed Staff Compensation 
Issues'' (Report Number ISP-I-09-44), stated that: ``The U.S. 
is falling behind in providing a competitive compensation 
package for LE staff that is commensurate with their 
experience, technical skills, and responsibilities.''
    The committee believes that the ability of United States 
overseas missions to retain LE staff and to recruit new, 
qualified staff is vital to the success of those missions.

Sec. 225. Repeal of recertification requirement for senior foreign 
        service.

    This section repeals the provision in the Foreign Service 
Act of 1980 that requires 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 (SES). In section 1321 of the 
Homeland Security Act of 2002 (P.L. 107-296), Congress repealed 
the recertification requirements for SES employees contained in 
Title 5 of the United States Code. The rationale was that these 
periodic recertification requirements for the SES did not serve 
a useful purpose. The same rationale applies to the SFS.
    A similar provision is included in H.R. 2410, which was 
passed by the House in the 111th Congress. This provision was 
included as section 311 in S. 600 and as section 312 in H.R. 
2601 during the 109th Congress.

Sec. 226. Foreign relations exchange programs.

    This provision amends the Department of State Basic 
Authorities Act of 1956 to authorize the establishment of 
exchange programs allowing Department employees, including 
civil service general schedule, Senior Executive Service 
members, and members of the Foreign Service to be assigned to 
foreign governments or international entities, which would in 
turn assign their employees to the Department. This authority 
could be used for the Transatlantic Diplomatic Fellowship 
program with the European Union, NATO, and their member states 
to promote collaboration among young leaders and for the 
Security Officer Exchange program between the Bureau of 
Diplomatic Security and the foreign affairs agencies of 
Australia and the United Kingdom. It would also permit the 
Department to develop new programs that help to strengthen U.S. 
relations with foreign governments and international entities. 
In addition, the provision would permit the Department to 
authorize non-reciprocal assignments of personnel on a 
reimbursable or non-reimbursable basis. This provision also 
renders moot a potential legal concern under the Emoluments 
Clause of the Constitution (Article 1, section 9, clause 8).

Sec. 227. Enhanced personnel authorities for the inspector general of 
        the Department of State.

    This provision is a long-time request of the Department of 
State Office of the Inspector General. The committee finds that 
the OIG requires new hiring flexibilities to address historic 
mission difficulties resulting from an array of reduction-in-
pay restrictions that have reduced the OIG's ability to compete 
for, recruit, retain and compensate available and qualified 
personnel. With an increased workload related to expenditures 
and operations in Afghanistan and Pakistan, adequately staffing 
the OIG has become an even higher priority. The committee 
recognizes that an important personnel balance must be struck 
between recruiting long-term direct hire personnel who form the 
backbone of the OIG, with short-term annuitants and PSCs. The 
committee urges the OIG to focus on increasing the number and 
quality of direct hire personnel over the long-term, but the 
committee also wants to ensure continuity and coverage over 
immediate priorities, which the authorized exemptions would 
address. This includes:

   The OIG's increased requirements to provide oversight on a 
        global basis, with field operations in place to pre-
        position experienced inspectors, auditors and 
        investigators concentrated in crisis, conflict, and 
        post-conflict regions.
   The OIG's unique challenges stemming from its position as a 
        relatively small IG organization that must meet 
        statutory requirements for significant global presence. 
        To help meet the challenge of recruiting and retaining 
        superior talent for numerous overseas assignments, 
        these exemptions will provide managers with critical 
        hiring flexibility for recruitment and an important 
        tool for retention.
   A continued need to hire personal services contractors not 
        only for post audits and inspections and in crisis, 
        conflict and post-conflict regions, but to offset 
        domestic hiring difficulties of specialized talent, 
        such as information technology, civil engineers for 
        major audits and inspections and to respond to 
        increasing quick-reaction department and congressional 
        oversight requests not found in the current year plan.
   Historically high turnover of personnel assigned to post-
        conflict regions and the inability to hire recent 
        college graduates without using the 6- to 8-month long 
        federal hiring process. With these exemptions, OIG 
        would be better able to compete in a market that 
        features significantly higher salaries available in the 
        private sector and temporary federal organizations.
   Retirement-driven talent drain, as the current government-
        wide generation of 600,000 civil servants and Foreign 
        Service Officers leave active service over the next 
        four years, along with 64 percent of executives and 
        supervisors, according to the Partnership for Public 
        Service and the Government Accountability Office.
   Without these exemptions, annuitants are generally only 
        available, as a practical matter, for 25-40 percent of 
        the work year, due to reduction-in-pay or offset 
        provisions. These exemptions would enable them to 
        continue work up to 100 percent of the federal work 
        year.
   Because there is not an incentive for them to work even a 
        half-year, the OIG must maintain an unnecessarily large 
        inventory of annuitants for post, bureau and thematic 
        inspections due to the annuitants' reductions-in-pay 
        provisions. These exemptions would permit OIG to 
        maintain a smaller, but longer-working annuitant 
        workforce inventory, saving administrative costs.

Sec. 228. Personal services contractors.

    This section provides for a pilot personal service 
contractor program, similar to the one provided for the BBG in 
section 504 of the Foreign Relations Authorization Act, Fiscal 
Year 2003 (P.L. 107-228). Such a program would enable the 
Department to obtain the services of personal contractors in 
the United States to respond to surge requirements and 
personnel shortfalls and to protect scarce financial resources 
by avoiding overhead payments to commercial contractors. The 
program would terminate at the end of fiscal year 2014, 
allowing Congress an evaluation period to determine whether 
such domestic authority should be extended or made permanent. A 
similar provision appears in H.R. 2410, which was passed by the 
House of Representatives in the 111th Congress.

Sec. 229. Amendment of the Foreign Service Act of 1980.

    This section strikes provisions of the Foreign Service Act 
of 1980 related to procedures regarding the conduct of 
Inspector General investigations.

Sec. 230. Office for Global Women's Issues.

    This section authorizes the creation of the Ambassador-at-
Large for Global Women's Issues in the Department of State, as 
well as the Office of Global Women's Issues within the Office 
of the Secretary. Both entities currently exist, but have never 
been established in law. Each administration has chosen to 
manage ``women's issues'' differently with different levels of 
priority and centrality to the issue.
    This provision authorizes the Ambassador to coordinate and 
advise on U.S. programs, policies, and funding regarding: (1) 
gender integration, (2) women's and girls' economic, social and 
legal development, protection, and improvement in role and 
status in societies; and (3) prevention and response to 
violence against women and girls, including child and forced 
marriage. The Ambassador is also authorized to coordinate 
within the inter-agency, and to collect and make publicly 
available data on U.S. policies and programs regarding (1), (2) 
and (3) above.
    This provision states that nothing in this Act shall be 
construed as affecting in any way existing statutory 
prohibitions related to abortion or existing statutory 
prohibitions on the use of funds to lobby for or against 
abortion. The application of this clause is not limited to the 
Office for Global Women's Issues; it applies to the bill as a 
whole.

Sec. 231. Home leave.

    This section authorizes the Department to pay travel 
expenses for families to join Foreign Service members on home 
leave when an employee returns from service at an unaccompanied 
post. Under section 901 of the Foreign Service Act of 1980 (22 
U.S.C. 4081), the Department may pay expenses related to the 
travel of a member of the Foreign Service and his or her family 
from a post of assignment to the member's designated home leave 
location. The Department lacks clear authority, however, to pay 
for home leave travel by the member's family when the family is 
required to reside at another location while the member is 
assigned to an unaccompanied post.

Sec. 232. Training support services.

    This provision amends the Foreign Service Act of 1980 to 
expand flexible personnel authorities that are currently 
available for certain training specialists to cover other 
individuals who provide services in direct support of the 
Department's training program. Under current law, the 
Department may hire (or contract for the services of) 
linguists, language instructors, and other academic and 
training specialists outside the competitive service hiring 
system. The standing provision is limited, however, to 
traditional categories of training specialists with academic 
qualifications, such as instructors and language teachers. In 
contrast, the standing provision does not cover the range of 
specialists who support the vocational training program 
conducted by the Foreign Service Institute (FSI), including 
individuals with knowledge and skills that support academic 
programs or that are specific to the foreign affairs community.

Sec. 233. Employment of minorities and women.

    This section requires the Secretary of State to report to 
Congress on issues related to the Department's employment of 
minorities and women. The section also includes a Sense of 
Congress language that the U.S. Government should promote the 
participation of minorities and women in the Foreign Service, 
and it mandates the State Department to write two reports 
(covering FY2010, FY2011) on employment of women and minorities 
in the Foreign Service, including supporting data.

Sec. 301. Promoting assignments to international organizations.

    This provision includes a Sense of Congress to encourage 
the Department to staff United States missions to the United 
Nations with appropriately qualified personnel and to develop a 
cadre of officers with specialized expertise in multilateral 
diplomacy.

Sec. 302. Synchronization of United States contributions to 
        international organizations.

    This provision directs the President to transmit to the 
appropriate congressional committees a plan by the United 
States to resume the payment of its full contributions to 
certain international organizations at the beginning of each 
calendar year.

Sec. 303. Peacekeeping contributions.

    This provision would permanently raise the statutory cap, 
originally established in 1994, on the U.S. share of assessed 
contributions for each UN peacekeeping operation from 25 
percent to 27.5 percent beginning with assessments in calendar 
year 2010.
    Absent an increase in this cap, the United States cannot 
pay its UN peacekeeping assessments in full starting in 
calendar year 2010, resulting in the accrual of unpaid dues. 
While the cap has been temporarily raised at various times and 
at different rates in years past, these have only been 
temporary. The committee believes it is appropriate to 
permanently raise, but not eliminate the cap in order to ensure 
better budgeting.

Sec. 304. Buying power maintenance, international organizations.

    This provision amends the State Department Basic 
Authorities Act of 1956 to provide for a new account and 
related authorities to help the Department offset the impact of 
adverse exchange rate fluctuations on the Contributions to 
International Organizations (CIO) account. Specifically, the 
provision would authorize the establishment of a new, no-year 
``Buying Power Maintenance, International Organizations'' 
account. It would also authorize the Department to:

   Transfer funds to the new account from the CIO account in 
        the event that the funds in the account exceed the 
        needs of the activities funded from the account because 
        of favorable exchange rate changes;
   Transfer funds from the new account to the CIO account when 
        adverse exchange rate changes cause the funds in the 
        CIO account to fall below anticipated needs; and
   Transfer expired, unobligated balances into the new 
        account, subject to compliance with congressional 
        notification requirements and a $100 million cap. This 
        authority would apply to funds appropriated or 
        otherwise made available after fiscal year 2009.

    The CIO account is highly vulnerable to foreign exchange 
rate fluctuations by virtue of the fact that 34 of the 45 
organizations funded through the account assess member states 
in currencies other than the U.S. dollar. Each year, these 
foreign currency assessments comprise approximately one third 
of the total funding requirement for the account. The decline 
of the dollar resulted in exchange rate losses on these 
assessments of approximately $70 million in FY2008. Without a 
source of funding to cover these losses, the Department was 
unable to meet its requirements in full and went into arrears 
on CY 2007 assessments at several organizations. This provision 
would operate similar to section 24 of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 2696) and 10 U.S.C. 
2779, which provide the State Department and the Department of 
Defense, respectively, with authority to transfer funds to a 
foreign currency fluctuations account, subject to certain 
limitations.

Sec. 305. United States participation in the Inter-Parliamentary Union.

    This section would authorize the Secretary of State to 
request funds for the United States to rejoin the Inter-
Parliamentary Union (IPU). U.S. dues to the IPU would be 
assessed at 15 percent, approximately $1.9 million for 2010. 
Similar authorization language was drafted and referred to both 
the House and Senate appropriations committee and is being 
considered for potential inclusion in the FY2010 budget.
    This provision is not an authorization of funds and any 
funds for IPU contributions would need to go through the 
regular authorization/appropriation process.
    It is the committee's intent that funds for any future 
contributions to the IPU should not come at the expense of 
funding levels for contributions to other international 
organizations currently funded through the CIO account.
    In April 2009, a House delegation of five members led by 
Rep. Russ Carnahan attended the 120th Assembly of the IPU in 
order to weigh the benefits of rejoining. This delegation came 
away with a strong recommendation for the United States to 
rejoin. They mentioned the policy of engagement espoused by the 
Obama administration, and that American presence at the IPU 
would be a visible manifestation of mutually respectful foreign 
policy.
    Members of the committee's majority staff, together with 
members of the staff of the House Foreign Affairs Committee, 
traveled to the IPU Assembly in Geneva in October 2009. Their 
visit confirmed these findings and reported that the US would 
benefit by engaging with parliamentarians in the IPU and 
exercising political leadership in the organization as part of 
its efforts to promote peace, development and democratic 
practice around the world.

Sec. 306. Provision of living quarters and allowances to the United 
        States representatives to the United Nations.

    This provision increases the number and availability of 
living quarters in New York leased or rented by United States 
for Foreign Service personnel, along with related provisions.

Sec. 307. Recruitment and retention of United States citizens in 
        international organizations.

    The committee urges the Department to improve its efforts 
to recruit and place U.S. citizens in international 
organizations and international financial institutions. This 
not only entails greater placement of U.S. citizens in 
professional and senior-level positions, but it also means 
establishing a more consistent recruiting and placement 
pipeline for entry-level professionals as well, in order to 
develop a cadre of U.S. citizens who can form the future 
professional corps of these institutions.
    This section directs the Secretary of State to develop and 
maintain a roster of suitable U.S professionals for vacant 
posts at the United Nations and related international 
organizations, and it directs the Secretary of Treasury, in 
coordination with the Secretary of State, to develop and 
maintain a roster of suitable U.S professionals for vacant 
posts at the World Bank and related international financial 
institutions. The provision also encourages the Secretary to 
consider establishing a Junior Professional Officers and 
Associate Expert program, similar to the support provided to 
such positions by Austria, Canada, Switzerland, and the United 
Kingdom.

Sec. 308. United States membership in the International Renewable 
        Energy Agency.

    This provision authorizes U.S. membership in the 
International Renewable Energy Agency.

Sec. 401. Limitation on assistance to governments of countries in 
        default.

    This section harmonizes language in an existing restriction 
in the Foreign Assistance Act of 1961 (P.L. 87-195) on 
assistance to countries in default on loans to the United 
States with language contained in a similar provision that has 
been included in the general provisions section of past foreign 
operations appropriations bills for many years.

Sec. 402. Increased authority to provide assistance for law enforcement 
        forces.

    This section amends Section 660 of the Foreign Assistance 
Act of 1961 (P.L. 87-195, 22 U.S.C. 2420) to provide greater 
flexibility for U.S. foreign assistance programs relating to 
foreign law enforcement forces.
    It adds new exemptions to Section 660 of the Foreign 
Assistance Act, which otherwise prohibits providing assistance 
under the Foreign Assistance Act to provide training or advice, 
or provide any financial support for police, prisons, or other 
law enforcement forces for any foreign government.
    A well-trained, legitimate and accountable police force is 
an essential precondition for a stable, well-governed country. 
U.S. civilian agencies can provide important human rights, 
governance and humanitarian training and assistance to foreign 
police forces.
    In the 1960s and 1970s, U.S. assistance and training of 
foreign police came under criticism that U.S.-provided 
equipment and trainees were implicated in human rights abuses. 
In response, the Congress passed Section 660 of the FAA, 
prohibiting police training conducted abroad.
    Over the years, Section 660 has been modified repeatedly, 
and a patchwork of agencies and programs now provide some 
training abroad for specific purposes. The unfortunate result 
has been inconsistent and convoluted interpretation and 
application of this provision by relevant civilian agencies, 
especially USAID.
    This section adds exemptions to Section 660 to allow 
assistance to law enforcement forces for the following 
purposes:

   To foster civilian police roles that support democratic 
        governance and improved police-community relations;
   To combat trafficking in persons, address sexual and 
        gender-based violence, reduce corruption, prevent 
        conflict, and respond to disasters;
   To address inhumane conditions in prisons and other 
        detention facilities administered by foreign 
        governments that are making efforts to address the 
        health, sanitation, nutrition, and other basic needs of 
        prisoners;
   To assist prisoners for humanitarian or development 
        purposes; and
   To support humanitarian operations and activities.

    The bill also expands an existing exemption for assistance 
to governmental entities emerging from stability to include 
regional, district, municipal, and other subnational entities.

Sec. 403. Building public awareness and dialogue.

    The section amends the Foreign Assistance Act of 1961 to 
authorize limited use of foreign assistance funds for programs 
to explain to the U.S. public the purpose, goals and objectives 
of development and assistance, and reflects the recommendations 
enumerated in the Helping to Enhance the Livelihood of People 
Around the Globe Commission (HELP Commission) report, issued in 
December 2007, which encourages Executive agencies to more 
fully explain United States development activities to the 
American public in order to raise the public's understanding 
about and support for foreign assistance.

Sec. 404. Exception to certain multiple award contract requirements.

    This section amends the Foreign Assistance Act of 1961 to 
encourage the Administrator of USAID to make an exception to 
the fair opportunity process for placing task orders when such 
order is placed with any category of small or small 
disadvantaged business. A similar provision has been carried 
over foreign operations appropriations legislation for many 
years.

Sec. 405. Millennium challenge assistance.

    The committee supports the MCC model and its mandate to 
fight global poverty through economic growth. The core 
principles upon which the MCC was founded--competitive 
selection of countries based on policy performance across 
independent and transparent indicators, country ownership of 
compact design and development, and country-led implementation 
of compacts--have allowed the MCC to become a development 
innovator.
    The MCC has been given appropriate institutional space to 
develop its own systems, concepts and policies, separate from 
other U.S. development agencies. U.S. foreign assistance would 
benefit from improved coordination between the MCC, USAID, 
State and other agencies undertaking development activities, 
but the committee is not in favor of merger or consolidation.
    The committee understands an initial review of the role, 
purpose and scope of the threshold program is nearing 
completion. The committee believes that the threshold program, 
as it stands, requires significant overhaul and substantial 
rethinking. The committee is not convinced that the program is 
achieving the goals and objectives it was originally created to 
accomplish. A comprehensive review of the goal, purpose and 
utility of the threshold program is in order, and the committee 
is open to fairly wide changes that would modify the threshold 
program's mandate and implementation.
    The committee believes the threshold program can play an 
important role as an innovative laboratory for new development 
ideas and concepts that may eventually make their way into 
larger compact programs (but still require further research and 
development prior to scaling up). In general, the committee 
believes that the MCC should consider and incorporate new and 
innovative models for the compact program and how it delivers 
assistance but should not completely delink from the 
opportunity to help a country improve its indicators to become 
eligible in the future for MCC funding. Many compacts feature 
similar projects and identical models of delivery that rely 
excessively on government institutions to solicit project 
ideas, develop programs and implement compacts. A greater 
emphasis on civil society and the private sector to generate 
project ideas and undertake implementation, as well as a 
greater receptivity to considering bold and creative project 
ideas, would be in keeping with the MCC's mandate. At the same 
time, the committee recognizes that the MCC enjoys a 
comparative advantage when it comes to implementing economic 
growth programs and large-scale infrastructure related 
projects. MCC should build from this strength, not move away 
from it.
    The committee believes the legislative text included in S. 
2971 is necessary to address key changes affecting the MCC's 
operations and to maximize its mission of reducing poverty 
through sustained economic growth in poor countries that are 
committed to sound governance requirements, as set forth in the 
Millennium Challenge Act of 2003 (P.L. 108-199). This provision 
will enable the MCC to enter into separate concurrent compacts 
with partner countries, which will allow the agency to move 
forward with projects as they become ready and to leverage 
additional resources from partnerships with the private sector 
and nongovernmental organizations. Further, having the 
authority to enter into concurrent compacts will improve MCC's 
ability to manage its compact pipeline with greater 
predictability, provide opportunity for innovation, and serve 
as an added incentive for policy reforms. It will also allow 
for smaller, staggered agreements and more certainty in the 
budget process.
    The provision will also give the MCC the authority, after 
approval by the MCC's Board of Directors, to partner with 
countries and extend the duration of a five-year compact term 
for two additional years. Having a definite compact term is 
generally considered a best practice for effective foreign 
assistance; however, in certain exceptional cases, large-scale 
projects cannot be completed within the mandated five-years, 
particularly given the MCC's emphasis on country-led 
implementation, high due diligence standards, and the desire to 
partner with private sector and nongovernmental organizations.
    Finally, the provision will reform the agency's methodology 
for choosing candidate countries by addressing abrupt changes 
in country income categories. They also will enable the MCC to 
maintain a highly selective approach for identifying eligible 
partner countries from a competitive candidate pool. The MCC is 
an important U.S. Government foreign assistance agency designed 
to work with poor, but also well-governed countries. The 
committee believes these reforms will ensure that the MCC will 
continue to partner with poor, well-governed countries in the 
future, and that partnerships will remain based on a commitment 
to sound policy--not abruptly halted by fluctuations in 
economic statistics.
    The committee believes these changes in the MCC's 
authorities are necessary to address key changes affecting its 
operations and to maximize its mission of reducing poverty 
through sustained economic growth in poor countries that are 
committed to sound governance requirements, as set forth in the 
Millennium Challenge Act of 2003.

Sec. 406. Enhancing the capacity of the Office of the Inspector General 
        for the United States Agency for International Development.

    This provision was requested by the Office of Inspector 
General for USAID. It contains three legislative changes, 
providing greater flexibility to hire reemployed annuitants for 
critical priority posts in Iraq, Afghanistan and Pakistan, 
greater flexibility to hire personal services contractors, and 
pay parity between civil service and foreign service criminal 
investigators.
    The committee believes that the demands for oversight of 
USAID's operations in Iraq, Pakistan, and Afghanistan have 
strained the OIG's personnel resources. The OIG has been unable 
to meet needs for experienced and well-qualified auditors and 
investigators in those countries by relying exclusively on 
Civil Service and Foreign Service personnel. The provision 
provides the Inspector General with limited discretion to hire 
reemployed annuitants and personal services contractors under 
the following conditions:

   The Inspector General determines that it is impractical to 
        recruit a sufficient number of Civil Service or Foreign 
        Service employees to perform necessary overseas work.
   The contract length for a personal services contractor, 
        including options, may not exceed 2 years, unless the 
        Inspector General determines that exceptional 
        circumstances justify an extension of up to 1 
        additional year.
   The number of personal services contractors may not exceed 
        five percent of the OIG total combined Civil Service 
        and Foreign Service authorized workforce FTEs.

    This section also corrects a pay disparity between Civil 
Service and Foreign Service criminal investigators at USAID 
OIG.
    Civil Service criminal investigators in the 1811 job 
series, which is the General Service category for law 
enforcement jobs, are eligible for and receive a 25 percent pay 
supplemental in the form of Law Enforcement Availability Pay 
(LEAP) under 5 U.S.C. 5545. Commissioned Foreign Service 
criminal investigators in the 1811 job series are prohibited 
from earning LEAP, however, because ``a Foreign Service 
officer'' is excluded from the definition of ``employee'' in 5 
U.S.C. 5541 for purposes of 5 U.S.C. 5545(a).

Sec. 407. Prohibitions on foreign assistance for the production of 
        certain agricultural commodities.

    The committee believes it is of the highest priority to 
ensure that U.S. farmers and agricultural producers do not face 
substantial injury or competition from foreign competitors that 
receive assistance from U.S. development programs. But the 
committee also believes that the best way to protect U.S. 
producers while assisting the poorest countries in the world is 
to provide more specificity to what otherwise is a blanket 
prohibition that requires a laborious, time-consuming and 
difficult certification process. The committee consulted with 
numerous stakeholders, including domestic commodity groups, 
NGOs, U.S. Government officials, and policy experts in order to 
craft a reasonable compromise. The provision included in this 
Act intends to exempt certain low income countries from having 
to undergo a difficult certification process that they are not 
competing with U.S. farmers and would allow them to qualify for 
agricultural assistance from the United States on the following 
conditions:

   Must be eligible for assistance from the International 
        Development Association
   Must not be eligible for assistance from the International 
        Bank for Reconstruction and Development; and
   Must not export on a consistent basis the agricultural 
        commodity with respect to which assistance is 
        furnished.

    The committee believes this language allows for an 
appropriate balance between protecting U.S. agricultural 
interests while providing greater food security for the poorest 
countries in the world.

Sec. 408. Sense of Congress relating to transparency for extractive 
        industries.

    This section expresses the Sense of the Congress that the 
President should work with foreign governments to establish 
domestic requirements that companies under the jurisdiction of 
each government publicly disclose any payments made to a 
government relating to the commercial development of oil, 
natural gas, and minerals, and that the United States 
Government should commit to global leadership of transparency 
in extractive industries.

Sec. 409. Sense of Congress Regarding Central Asia.

    This section expresses the Sense of the Congress that it is 
critical for the United States to continue to engage with the 
countries of Central Asia to further democracy, human rights, 
and economic prosperity, including engaging in regional 
economic integration efforts with Afghanistan and South Asia.

Sec. 410. Sense of Congress on global Internet freedom.

    This section expresses the Sense of the Congress that 
global Internet access and freedom are foreign policy 
priorities of the United States. It further states that the 
United States should help expand Internet access and support 
the free flow of information over the Internet and other forms 
of connective technology worldwide, especially in countries 
where this is limited.

Sec. 411. Global Health Initiative

    The committee supports the principles of the Global Health 
Initiative (GHI) and regards the undertaking as an opportunity 
to build upon and expand proven advances in combating HIV/AIDS 
and malaria, and to promote further advances in global health, 
in accordance with the Tom Lantos and Henry J. Hyde United 
States Global Leadership Against HIV/AIDS, Tuberculosis, and 
Malaria Reauthorization Act of 2008 (P.L. 110-293). This 
proposed six year, $63 billion initiative places particular 
emphasis on women and girls and seeks to create a more holistic 
approach to fighting disease and helping countries build health 
systems. The committee also emphasizes the particular 
importance of maintaining and expanding the progress made today 
in the fight against HIV/AIDS in terms of both access to 
treatment and support for effective prevention programs.
    While the GHI will apply in every nation that receives U.S. 
global health funding, there will also be an intensified effort 
in a limited number of ``GHI Plus'' countries that will provide 
additional opportunities for impact, evaluation, and 
partnership with governments. These countries will receive 
additional technical and managerial support, as well as limited 
financial resources, to allow for accelerated implementation 
and assessment of the GHI business model.
    The experience of the President's Emergency Plan for AIDS 
Relief (PEPFAR) has demonstrated the importance of effective 
in-country coordination and management of the interagency 
process. Drawing on these lessons, this provision states that a 
full-time country level coordinator with management experience 
should head the interagency country team for U.S. missions in 
each GHI Plus country.
    The provision also directs the President to submit a report 
describing the implementation of the GHI to the appropriate 
congressional committees. The report must assess the progress 
made toward implementing the GHI's core goals in implementing a 
women and girl centered approach; increasing the impact of 
health programs; leveraging and strengthening multilateral and 
private sector partnerships; encouraging country ownership; 
supporting sustainable health systems; improving metrics, 
monitoring, and evaluation; and promoting research and 
innovation. Second, the report should contain a detailed 
description of the GHI programs and practices in each of the 
GHI Plus countries. Third, there should be an aggregated 
assessment of progress made toward the declared targets of the 
Global Health Initiative. Fourth, the report needs to include a 
discussion of metrics to be used to measure progress toward 
those declared targets. The report is due two years after 
enactment of this Act, in order to allow for more reflective 
evaluation.

Sec. 412. Discrimination related to sexual orientation.

    This provision directs the Department to track 
international violence or criminalization related to sexual 
orientation, it directs the Department to appropriately 
encourage the governments of other countries to reform or 
repeal laws of such countries criminalizing homosexuality, it 
amends the annual country reports on human rights practices to 
include violence or discrimination related to sexual 
orientation, and it authorizes training for Foreign Service 
Officers 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.

             TITLE V--PEACE CORPS IMPROVEMENT AND EXPANSION

    This title is intended to promote an improved and expanded 
Peace Corps for the 21st Century. It requires the Director of 
the Peace Corps to assess, develop a strategic plan for, and 
report to the appropriate congressional committees how best to: 
(1) strengthen Peace Corps management capabilities and program 
effectiveness; (2) expand volunteer opportunities; and (3) 
increase the size of the Peace Corps. It also states the Sense 
of Congress that the President should not make more than 15 
concurrent appointments under the Peace Corps Act.

                           IV. Minority Views


          MINORITY VIEWS OF SENATORS DEMINT, RISCH, AND INHOFE

Foreign Service pay raise.

    We have significant reservations about the pay increase for 
Foreign Service Officers (FSOs) in this bill. Section 212 would 
increase the base pay for Foreign Service Officers serving 
overseas, totaling an average of a 36 percent raise (not 
including other taxpayer funded benefits). The State Department 
has not demonstrated a need for this large increase. FSO 
positions remain highly competitive, and thousands of 
applicants are turned away each year. Officers serving abroad 
also may be eligible for additional benefits, including danger 
pay, hardship and service need differentials. In addition, this 
benefit does not account for the substantial subsidy FSOs 
receive in free housing. While we appreciate the important work 
done by our Foreign Service, this proposed base pay raise seems 
excessive given the country's increasing national debt and high 
unemployment rate.

U.N. peacekeeping budget.

    In 1994, Congress enacted a law prohibiting the United 
States from paying more than 25 percent of annual United 
Nations peacekeeping costs. Section 303 of S. 2971 would 
increase the cap on United States contributions to the United 
Nations peacekeeping budget, from 25 percent to 27.5 percent, 
per year. The United Nations has yet to make meaningful steps 
to address peacekeeping problems highlighted in the Helms-Biden 
Act of 1999. Waste, fraud, corruption, allegations of serious 
crimes, and general ineffectiveness have plagued U.N. 
peacekeeping missions. Despite these problems, the United 
States continues to increase funding levels without realizing 
needed reforms. At a time when American taxpayers face 
staggering unemployment and record debts, Congress should not 
be asking them to increase funding for another international 
program in need of immediate reform.

                            V. Cost Estimate

    In accordance with Rule XXVI, paragraph 11(a) of the 
Standing Rules of the Senate, the committee provides this 
estimate of the costs of this legislation prepared by the 
Congressional Budget Office.


                            United States Congress,
                               Congressional Budget Office,
                                   Washington, DC, August 25, 2010.

Hon. John F. Kerry,
Chairman, Committee on Foreign Relations,
U.S. Senate, Washington, DC.

    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2971, 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.
          Sincerely,
                                      Douglas W. Elmendorf,
                                                          Director.

Enclosure

cc: Honorable Richard G. Lugar.
     Ranking Minority Member.

                                ------                                


               Congressional Budget Office Cost Estimate

                                                   August 25, 2010.

                                S. 2971


                 Foreign Relations Authorization Act, 
                       Fiscal Years 2010 and 2011


  AS ORDERED REPORTED BY THE SENATE COMMITTEE ON FOREIGN RELATIONS ON 
                             APRIL 27, 2010

Summary

    S. 2971 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 $24.3 billion over the 2011-
2015 period, assuming appropriation of the specified and 
estimated amounts. In addition, CBO estimates that enacting the 
bill would increase direct spending by $53 million over the 
2011-2020 period.\1\ Enacting the bill would not affect 
revenues.
---------------------------------------------------------------------------
    \1\Different time periods apply in the Senate for its pay-as-you-go 
rule. CBO estimates that enacting S. 2971 would increase direct 
spending by $22 million over the 2011-2014 period and $48 million over 
the 2011-2019 period.
---------------------------------------------------------------------------
    Pay-as-you-go procedures apply because enacting the 
legislation would affect direct spending.
    S. 2971 would impose intergovernmental and private-sector 
mandates, as defined in the Unfunded Mandates Reform Act 
(UMRA), by eliminating an existing right of action and 
establishing additional circumstances under which entities 
could be compelled to provide testimony or documents. It also 
would impose an additional intergovernmental mandate by 
preempting state liability laws. CBO estimates that the total 
costs to public and private entities would fall below the 
annual thresholds established in UMRA for intergovernmental and 
private-sector mandates ($70 million and $141 million in 2010, 
respectively, adjusted annually for inflation).

Estimated Cost to the Federal Government

    The estimated budgetary impact of S. 2971 is shown in Table 
1. The costs of this legislation fall within budget functions 
150 (international affairs), 300 (natural resources and 
environment), 550 (health), 600 (income security), and 750 
(administration of justice).

   Table 1. Budgetary Impact of S. 2971, the Foreign Relations Authorization Act,  Fiscal Years 2010 and 2011
                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                       2011      2012      2013      2014      2015    2011-2015
----------------------------------------------------------------------------------------------------------------
                          CHANGES IN SPENDING
 SUBJECT TO APPROPRIATION

Department of State and Related Agencies
  Authorization Level..............................   19,235         0         0         0         0     19,235
  Estimated Outlays................................   12,260     3,952     1,700       607       274     18,793

Personnel Programs
  Estimated Authorization Level....................      226       828       901       969     1,017      3,942
  Estimated Outlays................................      159       623       839       937       994      3,552

Contributions to International Organizations
  Estimated Authorization Level....................    1,298         7         7         7         7      1,326
  Estimated Outlays................................    1,298         7         7         7         7      1,326

Emergency Refugee and Migration Assistance
  Estimated Authorization Level....................      100       100       100       100       100        500
  Estimated Outlays................................       10       100       100       100       100        410

Radio Free Asia
  Estimated Authorization Level....................        0        38        39        40        41        158
  Estimated Outlays................................        0        32        38        40        41        151

Science and Technology Fellowships
  Estimated Authorization Level....................        0         6         6         6         6         24
  Estimated Outlays................................        0         3         5         6         6         20

Office for Global Women's Issues
  Estimated Authorization Level....................        0         3         3         3         3         12
  Estimated Outlays................................        0         2         3         3         3         11

Foreign Assistance Awareness and Dialogue
  Authorization Level..............................        1         1         1         1         1          5
  Estimated Outlays................................        *         *         1         1         1          3

Other Provisions
  Estimated Authorization Level....................        1         1         1         1         1          5
  Estimated Outlays................................        1         1         1         1         1          5
----------------------------------------------------------------------------------------------------------------
    Total Changes in Spending Subject to
     Appropriation
      Estimated Authorization Level................   20,861       984     1,058     1,127     1,176     25,207
      Estimated Outlays............................   13,728     4,720     2,694     1,702     1,427     24,271
================================================================================================================
                                CHANGES IN DIRECT
 SPENDING\1\

Millennium Challenge Corporation
  Estimated Budget Authority.......................        0         0         0         0         0          0
  Estimated Outlays................................        5         5         5         5         5         25

Reimbursements for Use of Government Vehicles
  Estimated Budget Authority.......................        *         *         *         *         *          2
  Estimated Outlays................................        *         *         *         *         *          2

Visa Ineligibility
  Estimated Budget Authority.......................        *         *         *         *         *          *
  Estimated Outlays................................        *         *         *         *         *          *
----------------------------------------------------------------------------------------------------------------
    Total Changes in Direct Spending
      Estimated Budget Authority...................        *         *         *         *         *          2
      Estimated Outlays............................        5         5         5         5         5         27
----------------------------------------------------------------------------------------------------------------
Notes: * = less than $500,000.
Components may not add to totals because of rounding.
\1\ In addition to the changes in direct spending shown above, S. 2971 would have effects beyond 2015. CBO
  estimates that over the 2011-2020 period, the bill would increase direct spending by $53 million.

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 4 agencies. For most programs, the bill would authorize 
specific amounts for 2011 that are identical to the President's 
request for 2011. The bill also contains provisions that would 
affect direct spending, primarily from increasing spending from 
existing appropriations.
    For this estimate, CBO assumes the legislation will be 
enacted near the beginning of fiscal year 2011, that the 
specified and estimated authorizations will be appropriated 
each fiscal year, and that outlays will follow historical 
spending patterns for similar and existing programs. (CBO also 
assumes that no further appropriations will be provided for 
those purposes in the current fiscal year, which ends on 
September 30, 2010.)
            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 $24.3 billion over the 2011-
2015 period, assuming appropriation of the specified and 
estimated amounts.

    Department of State and Related Agencies. Most of the 
authorizations of appropriations in Title VI of the bill would 
cover the operating expenses and other ongoing programs and 
activities of the Department of State, the Broadcasting Board 
of Governors (BBG), the Peace Corps, and related agencies--a 
total of $19.3 billion in 2011. CBO estimates that, in total, 
implementing those provisions would cost almost $19 billion 
over the 2011-2015 period, assuming appropriation of the 
specified amounts. In 2010, $19.6 billion was provided for 
those purposes.

    Administration of Foreign Affairs. Section 601 would 
authorize the appropriation of $12.4 billion in 2011 for the 
department's operating expenses and programs. We estimate that 
implementing those provisions would cost almost $12 billion 
over the 2011-2015 period.

    Contributions to International Organizations and 
Commissions. Sections 602 and 603 would authorize the 
appropriation of almost $4 billion in 2011 for contributions to 
international organizations, international peacekeeping 
activities, and various international commissions. In total, 
CBO estimates that making those contributions would cost almost 
$4 billion over the 2011-2015 period.
    The bill also would authorize such additional amounts as 
may be necessary in 2011 to offset adverse fluctuations in 
foreign exchange rates that might affect contributions to 
international organizations. Currency fluctuations are 
difficult to project. Therefore, CBO estimates no additional 
amounts to offset adverse currency fluctuations.
    Migration and Refugee Assistance. Section 604 would 
authorize the appropriation of more than $1.6 billion in 2011 
for migration and refugee assistance programs. CBO estimates 
that implementing those programs would cost more than $1.6 
billion over the 2011-2015 period.

    International Broadcasting Programs. Section 611 would 
authorize the appropriation of a total of $769 million in 2011 
for international broadcasting operations and capital 
improvements. In total, CBO estimates that implementing those 
programs would cost $765 million over the 2011-2015 period.

    Peace Corps. Section 621 would authorize the appropriation 
of $446 million in 2011 to carry out the purposes of the Peace 
Corps, to assess how best to reform and expand the size of the 
Peace Corps, and to develop and report on a strategic plan 
towards those ends. CBO estimates that implementing the Peace 
Corps program would cost $444 million over the 2011-2015 
period.

    Centers and Foundations. Section 605 would authorize the 
appropriation for 2011 of $105 million for the National 
Endowment for Democracy, $16 million for the Asia Foundation, 
and $11 million for the East-West Center. In total, CBO 
estimates that providing funding for those centers and 
foundations would cost $132 million over the 2011-2013 period.

    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. As shown in table 2, CBO estimates that implementing 
those provisions would cost almost $3.6 billion over the 2011-
2015 period, assuming appropriation of the estimated amounts.

    Pay for Overseas Postings. Section 212 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 
disparity between federal and nonfederal workers. FSOs who are 
posted overseas only receive a portion of those amounts in 
addition to their base pay. (Members of the Senior Foreign 
Service are compensated under a pay-for-performance system that 
does not differentiate pay by posting).
    Under the bill, starting in fiscal year 2011, FSOs who are 
posted overseas would be paid the same comparability pay 
received by FSOs posted in Washington, D.C. Such pay 
represented about 19 percent of total basic pay in 2010. 
(Section 212 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--roughly 15,000--work for the 
Department of State. The President's request for 2011, which is 
identical to the amounts authorized in section 601 for that 
year, already includes funding for comparability pay for the 
Department of State's FSOs for 2011. Thus, for the Department 
of State, we only address additional pay for the 2012-2015 
period.

               Table 2. Components of Discretionary Spending for Personnel Programs Under S. 2971
                                     By Fiscal Year, in Millions of Dollars
----------------------------------------------------------------------------------------------------------------
                                                       2011      2012      2013      2014      2015    2011-2015
----------------------------------------------------------------------------------------------------------------
                          CHANGES IN SPENDING
 SUBJECT TO APPROPRIATION

Pay for Overseas Postings
  Estimated Authorization Level....................       61       435       485       543       610      2,134
  Estimated Outlays................................       43       323       470       526       590      1,952

Foreign Service Expansion
  Estimated Authorization Level....................      164       362       369       377       389      1,661
  Estimated Outlays................................      115       279       332       366       377      1,469

Personnel Service Contractors
  Estimated Authorization Level....................        0        15        31        32         0         78
  Estimated Outlays................................        0        10        23        29        10         72

Reemployment of Annuitants
  Estimated Authorization Level....................        0        15        15        16        17         63
  Estimated Outlays................................        0        10        13        15        16         54

Enhanced Personnel Authorities for Inspector
 General of USAID
  Estimated Authorization Level....................        1         1         1         1         1          6
  Estimated Outlays................................        1         1         1         1         1          5
----------------------------------------------------------------------------------------------------------------
    Total Changes in Personnel Programs
      Estimated Authorization Level................      226       828       901       969     1,017      3,942
      Estimated Outlays............................      159       623       839       937       994      3,552
----------------------------------------------------------------------------------------------------------------
Note: Components may not add to totals because of rounding.

    Based on information from the department, CBO estimates 
that roughly 9,300 FSOs are posted overseas in 2010 and have an 
average basic pay of about $77,000. In comparison, FSOs posted 
in Washington, D.C., have an average basic pay of about 
$94,800--a difference of almost $18,000 a year. After adjusting 
for expected growth in comparability pay (on average, about 8 
percent a year over the past five years), inflation, and 
anticipated growth in the Foreign Service (as specified in 
section 201 below), CBO estimates that fully eliminating the 
difference between pay for overseas and D.C. postings for those 
FSOs would cost $150 million in 2012. 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 of State, those 
types of compensation have historically averaged about 71 
percent of basic pay. Therefore, CBO estimates that under the 
bill, in 2012, the department would pay an additional $107 
million in other compensation, for a total cost of $257 million 
that year and $1.6 billion over the 2012-2015 period.
    Slightly more than 2,000 FSOs are employed by USAID and 
other agencies; CBO estimates roughly 1,500 are currently 
posted overseas. After adjusting for expected growth in 
comparability pay, inflation, and anticipated growth in USAID's 
Foreign Service (as specified in section 201 below), CBO 
estimates that fully eliminating the difference between pay for 
overseas and D.C. postings for those FSOs would cost $25 
million in basic pay and an additional $18 million in other 
compensation, for a total cost in 2011 of $43 million and $356 
million over the 2011-2015 period.
    In total, CBO estimates the costs for implementing this 
section would total almost $2 billion over the 2011-2015 
period, in addition to the amounts authorized under section 
601.

    Foreign Service Expansion. Section 201 would authorize the 
Department of State and USAID to hire additional FSOs. The 
increase proposed for 2010 (750 additional FSOs for the 
Department of State and 350 additional FSOs for USAID) is 
consistent with amounts provided by the Consolidated 
Appropriations Act, 2010 (Public Law 111-17). CBO estimates no 
additional funding would be provided this year for Foreign 
Service expansion.
    The bill would authorize the Department of State to hire 
750 additional FSOs for fiscal year 2011. The President's 
request for 2011 for the department's operating expenses 
includes funding for 410 additional FSOs and section 601 of the 
bill authorizes the appropriation of the necessary amounts. CBO 
expects that the department would hire the remaining 340 FSOs 
in 2012. Adjusting for inflation beyond 2011, CBO estimates 
that implementing that provision would cost $810 million over 
the 2012-2015 period.
    The proposed increase of 350 additional FSOs for USAID for 
fiscal year 2011 is greater than the President's request for 
200 additional FSOs for 2011. To cover the salaries and other 
personnel expenses of 350 junior and mid-level FSOs, CBO 
estimates this provision would require appropriations of $131 
million in 2011. Because USAID also would need to increase its 
overseas office space to accommodate this increase in the 
workforce, CBO estimates an additional authorization of 
appropriations of $33 million would be necessary for overseas 
capital space expansion. Adjusting for inflation, CBO estimates 
that implementing that provision would increase personnel costs 
for USAID by $660 million over the 2011-2015 period.
    After adjusting for inflation, CBO estimates the costs for 
implementing this section would total almost $1.5 billion over 
the 2011-2015 period, in addition to the amounts authorized 
under section 601.

    Personal Service Contractors. Section 228 would establish a 
four-year pilot program allowing the department to hire up to 
200 contractors (at any one time) to meet new or urgent needs. 
The amounts required to implement the programs in 2011 are 
included in the authorization of appropriations in section 601; 
CBO estimates additional amounts would be required beginning in 
2012 for this program. Based on information from the 
department, CBO estimates that the department would hire 50 
contractors in 2011 at an average annual cost of $150,000. We 
expect those costs per contractor would increase with inflation 
in subsequent years and that, under the pilot program, the 
department would employ a total of 100 contractors in 2012 and 
200 contractors each year in 2013 and 2014. On that basis, CBO 
estimates that implementing this provision would cost $72 
million over the 2011-2015 period, in addition to the amounts 
authorized under section 601.

    Reemployment of Annuitants. Section 223 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, when reemployed annuitants serve in 
Iraq, Pakistan, or Afghanistan, the department may waive 
requirements prohibiting those individuals from receiving their 
annuity. That authority expires in 2010. The bill would 
permanently extend the authority and broaden it by deleting the 
restriction that employees must be serving in Iraq, Pakistan, 
or Afghanistan. The amounts required to implement this 
provision in 2011 are included in the authorization of 
appropriations in section 601, and CBO estimates additional 
amounts would be required beginning in 2012.
    Based on information from the department, CBO estimates 
that 30 additional annuitants would be employed 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 $54 million over the 2011-2015 period, in 
addition to the amounts authorized under section 601.

    Enhanced Personnel Authorities for the Inspector General of 
USAID. Three provisions in section 406 would enhance personnel 
authorities for USAID's Office of Inspector General (OIG). In 
total, after adjusting for inflation, CBO estimates that 
implementing this section would cost $5 million over the 2011-
2015 period.
    First, it would provide the OIG with the flexibility to 
temporarily reemploy annuitants for positions in Iraq, 
Pakistan, and Afghanistan that are hard to fill. This authority 
would expire at the beginning of fiscal year 2012, although 
annuitants reemployed before that date would be allowed to 
continue their employment through 2013. Based on information 
from the OIG, CBO estimates that the office would reemploy five 
annuitants at an annual average cost of about $110,000 per 
annuitant.
    Second, section 406 would authorize the OIG to hire 
personal service contractors so long as such persons do not 
exceed five percent of total office personnel. Based on 
information from the OIG, CBO estimates that the office would 
hire five contractors at an annual average cost of about 
$110,000 per contractor.
    Finally, section 406 would require pay parity for FSOs 
serving as criminal investigators in the OIG with like 
personnel at other agencies. Based on information from the OIG, 
CBO estimates that additional personnel payments to provide 
such parity would total less than $500,000 a year and total 
about $1 million over the 2011-2015 period.

    Contributions to International Organizations. In addition 
to the amounts authorized in section 602 for contributions to 
international organizations in 2011, section 302 would 
authorize the appropriation of such sums as may be necessary to 
synchronize assessed contributions to international 
organizations to the budget year used by those organizations. 
Under current law, such contributions are often a year late. 
Based on information from the Department of State, CBO 
estimates that implementing this provision would cost $1.3 
billion in 2011, assuming appropriation of the estimated 
amounts. There would be no subsequent costs once the payments 
were synchronized.
    Section 308 would authorize the President to make assessed 
contributions to the International Renewable Energy Agency 
(IRENA). Section 305 would authorize the Secretary of State to 
facilitate the readmission and participation of the U.S. in the 
Inter-Parliamentary Union (IPU) and to make contributions to 
meet the obligations of membership. The authorization of 
appropriations in section 602 includes $5 million in 2011 for 
contributions to IRENA, but does not include funding for the 
IPU. The department expects that assessed contributions to the 
IPU would be $2 million a year over the 2011-2015 period. After 
adjusting for inflation and assuming appropriation of the 
estimated amounts, CBO estimates implementing those two 
provisions would cost $30 million over the 2011-2015 period, in 
addition to amounts authorized in section 602.

    Emergency Refugee and Migration Assistance. Section 114 
would 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 effect of section 114 
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 2011-2015 period, assuming appropriation 
of the authorized amounts.

    Radio Free Asia. Section 124 would permanently extend the 
authorization for Radio Free Asia (RFA). Under current law, the 
authorization for RFA expires at the end of fiscal year 2010. 
The authorization of appropriations for international 
broadcasting operations in section 611 includes amounts for RFA 
in 2011. Based on the President's request for 2011 and after 
adjusting for inflation, CBO estimates that implementing this 
section would cost $151 million over the 2012-2015 period, 
assuming appropriation of the estimated amounts.

    Science and Technology Fellowships. Section 128 would 
authorize the Secretary of State to establish new educational 
or cultural exchange programs or expand existing programs for 
individuals in the fields of science, medicine, research, and 
academia. Based on information from the State Department, CBO 
estimates that the department would expand participation in 
existing exchange programs by about 100 people at an annual 
cost of $40,000 per participant. Additionally, section 128 
would authorize the Secretary of State to award up to $2 
million a year for grants and cooperative agreements related to 
science and technology fellowship programs. The amounts 
required to implement both programs in 2011 are included in the 
authorization of appropriations in section 601, and CBO 
estimates additional amounts would be required beginning in 
2012. In total, and adjusting for inflation, CBO estimates that 
implementing those programs would cost $20 million over the 
2011-2015 period, assuming appropriation of the estimated 
amounts.

    Office for Global Women's Issues. Section 230 would 
establish a new office focused on global women's issues, led by 
an Ambassador-at-Large who would be appointed by the President. 
Such an office already exists and the President has requested 
$3 million in funding for the office in 2011. That amount is 
included in the authorization of appropriations for the 
department's operating expenses in section 601. Because no 
amounts are authorized for future years, CBO estimates 
additional amounts would be required beginning in 2012. Thus, 
CBO estimates implementing this section would cost $11 million 
over the 2012-2015 period, assuming appropriation of the 
estimated amounts.

    Foreign Assistance Awareness and Dialogue. Section 403 
would authorize the Administrator of USAID to spend an 
additional $1 million a year for public relations efforts on 
behalf of foreign assistance. CBO estimates that implementing 
this section would cost $3 million over the 2011-2015 period, 
assuming appropriation of the authorized amounts.

    Other Provisions. The bill contains several provisions, 
primarily affecting personnel and 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.
            Direct Spending
    In addition to the discretionary authorizations discussed 
above, the bill contains provisions that would both increase 
and decrease direct spending, primarily from changes to 
assistance authorized for the Millennium Challenge Corporation. 
In total, CBO estimates that enacting the bill would increase 
direct spending by $27 million over the 2011-2015 period and 
$53 million over the 2011-2020 period.

    Millennium Challenge Corporation (MCC). Section 405 would 
increase the pool of low-income countries eligible for 
assistance from MCC. It also would extend the time period (from 
five to seven years) for which aid could be provided under 
agreements between the United States and recipient countries. 
In addition, it would allow for multiple agreements with one 
recipient country to be in place concurrently whereas under 
current law the MCC can only have one signed agreement in 
effect with a country at any giventime. CBO estimates that 
those provisions would likely increase spending from funds 
previously appropriated for the MCC. Over the 2004-2010 period, 
the Congress has appropriated more than $9.4 billion for the 
MCC, though only about $2.5 billion has been spent through June 
of 2010. Based on information from the MCC, CBO estimates that 
enacting those provisions would increase direct spending by $25 
million over the 2011-2015 period and $50 million over the 
2011-2020 period.

    Reimbursements for Use of Government Vehicles. Section 117 
would allow the Department of State to retain reimbursements 
received for the use of vehicles owned or leased by the federal 
government, and to use those reimbursements to maintain, 
purchase, lease, or operate such vehicles. Under current law, 
those reimbursements are deposited in the general fund as 
offsetting receipts. Extrapolating from a department survey of 
those reimbursements, CBO estimates that enacting this 
provision would increase direct spending by about $350,000 each 
year, for a total of about $4 million over the 2011-2020 
period.

    Visa Ineligibility. Section 143 would reduce the number of 
people eligible for visas to enter the United States. Under 
current law, foreign nationals involved in child abduction 
cases are generally ineligible for visas, but there are a few 
exceptions. S. 2971 would delete one such exception. CBO 
estimates that enacting this provision would affect few people 
and decrease direct spending on federal assistance programs 
(such as Medicaid) by less than $500,000 each year and by about 
$1 million over the 2011-2020 period.

    Other Provisions. Several provisions in the bill would have 
insignificant effects on direct spending, primarily because 
they would affect few individuals or because they authorize 
both the collection and spending of funds so that the net 
budgetary impact would be small.

   Section 101 would allow the State Department's 
        International Litigation Fund to collect and spend 
        awards of costs and attorney's fees that result from 
        decisions by international tribunals.
   Section 127 would allow the Broadcasting Board of Governors 
        to collect and spend reimbursements received from the 
        Archivist of the U.S. for costs related to providing 
        master copies of BBG products.
   Section 130 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. There would be no significant 
        change in either the receipts or spending for this 
        activity.
   Section 144 would exempt certain children being adopted 
        from overseas from vaccination requirements, and could 
        affect the spending of immigration fees and use of 
        federal assistance programs.
   Section 147 would allow certain siblings of children being 
        adopted from overseas to enter the United States, and 
        could affect the spending of immigration fees and use 
        of federal assistance programs.

Pay-As-You-Go Considerations

    The Statutory Pay-As-You-Go Act of 2010 establishes budget 
reporting and enforcement procedures for legislation affecting 
direct spending or revenues. S. 2971 would increase outlays 
from existing appropriations and would allow the Department of 
State to retain and spend a small amount of collections. The 
net changes in outlays that are subject to those pay-as-you-go 
procedures are shown in the following table.

          CBO Estimate of Pay-As-You-Go Effects for S. 2971, as ordered reported by the Senate Committee on Foreign Relations on April 27, 2010
                                                         By Fiscal Year, in Millions of Dollars
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             2010    2011    2012    2013    2014    2015    2016    2017    2018    2019    2020   2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                      NET
 INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact............      0       5       5       5       5       5       5       5       5       5       5        27         53
--------------------------------------------------------------------------------------------------------------------------------------------------------

Intergovernmental and Private Sector Impact

    The bill would impose intergovernmental and private-sector 
mandates, as defined in UMRA, but CBO estimates that the total 
costs to public and private entities would fall below the 
annual thresholds established in UMRA intergovernmental and 
private-sector mandates ($70 million and $141 million in 2010 
respectively, adjusted annually for inflation).
            Mandates that Apply to Public and Private Sector Entities
    Immunity from Civil Liability. The bill would add a new 
circumstance under which members of the BBG would be exempt 
from civil liability. Granting such protections would impose a 
mandate on public and private entities by eliminating the right 
to file a claim against BBG members for activities related to 
the Middle East Broadcasting Networks. Because civil suits by 
public or private entities are rarely filed against BBG 
members, CBO estimates that the cost of the mandate from any 
forgone compensation for damages would be small.

    Administrative Subpoenas. The bill would expand the 
circumstances for which an administrative subpoena could be 
issued by the Secretary of State, and consequently increase the 
number of public and privates entities that could have to 
provide information or testimony. CBO expects that the increase 
in the number of subpoenas issued would not be significant and 
estimates that the costs to public and private entities to 
comply with such subpoenas would be small.
            Mandates that Apply to Public Entities Only
    The bill would preempt state laws governing liability by 
extending the circumstances under which the BBG would be 
granted civil immunity. CBO estimates that the associated costs 
to state, local, and tribal governments would be small.
            Other Impacts
    The bill would establish a grant program for institutions 
of higher education in the United States to help implement 
graduate-level academic and public policy management leadership 
programs in Vietnam. Public colleges and universities would be 
eligible to receive grants under the program.

Previous CBO Estimates

    On June 2, 2010, CBO transmitted a cost estimate for S. 
3104, a bill to permanently authorize Radio Free Asia, and for 
other purposes, as reported by the Senate Committee on Foreign 
Relations on May 25, 2010. S. 3104 is similar to section 124 of 
S. 2971 and their estimated costs are the same.
    On May 14, 2010, CBO transmitted a cost estimate for S. 
1376, the International Adoption Simplification Act as reported 
by the Senate Committee on the Judiciary on March 22, 2010. 
Section 2 of S. 1376 is similar to section 144 of S. 2971 and 
their estimated costs are the same.
    On April 28, 2010, CBO transmitted a cost estimate for S. 
1382, the Peace Corps Improvement and Expansion Act of 2010 as 
ordered reported by the Senate Committee on Foreign Relations 
on April 13, 2010. S. 1382 would indefinitely authorize the 
appropriation of such sums as may be necessary whereas section 
621 of S. 2971 would authorize appropriations for only 2011; 
thus, the estimated costs for S. 2971 are lower.
    On June 4, 2009, CBO transmitted a cost estimate for H.R. 
2410, the Foreign Relations Authorization Act, Fiscal Years 
2010 and 2011, as ordered reported by the House Committee on 
Foreign Affairs on May 20, 2009. S. 2971 and H.R. 2410 contain 
several provisions that are similar and both would authorize 
appropriations for the Department of State, international 
broadcasting activities, international assistance programs, and 
related agencies. Title I of H.R. 2410 would primarily 
authorize appropriations for both 2010 and 2011 whereas Title 
VI of S. 2971 would primarily authorize appropriations for only 
2011;thus, the estimated costs for S. 2971 are lower.
    On May 18, 2009, CBO transmitted a cost estimate for S. 
838, a bill to provide for the appointment of United States 
Science Envoys as ordered reported by the Senate Committee on 
Foreign Relations on May 5, 2009. Section 128 of S. 2971 is 
similar to section 2 of S. 838; however, section 128 of S. 2971 
also would authorize spending an additional $2 million a year 
for science and technology fellowships and its estimated costs 
are correspondingly higher.

Estimate Prepared By:

    Federal Costs: John Chin and Sunita D'Monte

    Impact on State, Local, and Tribal Governments: Leo Lex

    Impact on the Private Sector: Marin Randall

Estimate Approved By:

    Theresa Gullo, Deputy Assistant Director for Budget 
Analysis

                  VI. Evaluation of Regulatory Impact

    Pursuant to Rule XXVI, paragraph 11(b) of the Standing 
Rules of the Senate, the committee has determined that there is 
no regulatory impact as a result of this legislation.

                      VII. Changes in Existing Law

    In compliance with Rule XXVI, paragraph 12 of the Standing 
Rules of the Senate, 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 
italic, 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) Secretary of State.--

           *       *       *       *       *       *       *

    (c) Assistant Secretaries.--
          (1) In general.--There shall be in the Department of 
        State not more than [24] 25 Assistant Secretaries of 
        State, each of whom shall be appointed by the 
        President, by and with the advice and consent of the 
        Senate, and who shall be compensated at the rate 
        provided for at level IV of the Executive Schedule 
        under section 5315 of title 5.

           *       *       *       *       *       *       *

          (2) Assistant secretary of state for democracy, human 
        rights, and labor.--(A) * * *

           *       *       *       *       *       *       *

          (3) Assistant secretary for international information 
        programs.--There shall be in the Department of State an 
        Assistant Secretary for International Information 
        Programs, who--
                  (A) shall oversee the Bureau of International 
                Information Programs; and
                  (B) shall be responsible to the Secretary of 
                State for matters pertaining to the engagement 
                of international audiences on issues of United 
                States policy, society, and values to help 
                create an environment that is receptive to the 
                interests of the United States.
          [(3)] (4) Nomination of assistant secretaries.--
        Whenever the President submits to the Senate a 
        nomination of an individual for appointment to a 
        position in the Department of State that is described 
        in paragraph (1), the President shall designate the 
        regional or functional bureau or bureaus of the 
        Department of State with respect to which the 
        individual shall have responsibility.

           *       *       *       *       *       *       *

    Sec. 3. The Secretary of State is authorized to--
    (a) obtain insurance on official motor vehicles operated by 
the Department of State in foreign countries, and pay the 
expenses incident thereto;

           *       *       *       *       *       *       *

    (l) make payments in advance, of the United States share of 
necessary expenses for international fisheries commissions, 
from appropriations available for such purpose; [and]
    (m) establish, maintain, and operate passport and dispatch 
agencies[.] ; and
  (n) make and carry out contracts for procurement outside the 
United States of goods or services needed for the operation of 
United States diplomatic and consular posts and related 
facilities outside the United States, provided that--
          (1) laws of the United States relating to the 
        negotiation, making, contents, or performance of 
        government contracts for goods or services, and advance 
        payments and indemnification in relation to such 
        contracts shall apply with respect to such contracts 
        except to the extent that the Secretary determines 
        (other than for section 27 of the Office of Federal 
        Procurement Policy Act (41 U.S.C. 423)) that the 
        Secretary could not reasonably meet the need of a post 
        or facility for such goods and services by use of 
        authority available to the Secretary under a law other 
        than this subsection;
          (2) the Secretary shall--
                  (A) issue guidance addressing use of this 
                authority; and
                  (B) require written approval to waive 
                specific laws or procurement regulations under 
                this authority by the Procurement Executive 
                (without further delegation); and
          (3) no individual contract action entered into under 
        this authority shall exceed $2,000,000 unless approved 
        in writing by the Chief Acquisition Officer of the 
        Department of State (without further delegation).

           *       *       *       *       *       *       *

    Sec. 28. (a) The Secretary of State may authorize the 
principal officer of a Foreign Service post to provide for the 
use of Government owned or leased vehicles located at that post 
for transportation of United States Government employees and 
their families when public transportation is unsafe or not 
available or when such use is advantageous to the Government.
  (b) Funds received by the Department of State in connection 
with the use of vehicles owned or leased by the Government 
under subsection (a)--
          (1) may be credited to the appropriate account of the 
        Department of State; and
          (2) if so credited, shall be available only for 
        expenses related to the purchase, lease, maintenance, 
        or operation of such vehicles.
    Sec. 29. Whenever the Secretary of State determines that 
educational facilities are not available, or that existing 
educational facilities are inadequate, to meet the needs of 
children of United States citizens stationed outside the United 
States who are engaged in carrying out Government activities, 
the Secretary may, in such manner as he deems appropriate and 
under such regulations as he may prescribe, establish, operate, 
and maintain primary schools, and school dormitories and 
related educational facilities for primary and secondary 
schools, outside the United States, make grants of funds for 
such purposes, or otherwise provide for such educational 
facilities. The authorities of the Foreign Service Buildings 
Act, 1926, and of paragraphs (h) and (i) of section 3 of this 
Act, may be utilized by the Secretary in providing assistance 
for educational facilities. Such assistance may include 
physical security enhancements and hiring, transporting, and 
payment of teachers and other necessary personnel. 
Notwithstanding any other provision of law, where the child of 
a United States citizen employee of an agency of the United 
States Government who is stationed outside the United States 
attends an educational facility assisted by the Secretary of 
State under this section, the head of that agency is authorized 
to reimburse, or credit with advance payment, the Department of 
State for funds used in providing assistance to such 
educational facilities, by grant or otherwise, under this 
section.

           *       *       *       *       *       *       *

    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, or authorities of the Department of 
                State; and
                  (C) Federal offenses committed within the 
                special maritime and territorial jurisdiction 
                of the United States (as such term is defined 
                in section 7(9) of title 18, United States 
                Code), except as that jurisdiction relates to 
                the premises of United States military 
                installations and related residences;
          (2) obtain and execute search and arrest warrants, as 
        well as obtain and serve subpoenas and summonses issued 
        under the authority of the United States;
          (3) protect and perform protective functions directly 
        related to maintaining the security and safety of--
    (b) Agreements with Attorney General and Secretary of the 
Treasury and Firearms Regulations.-- * * *

           *       *       *       *       *       *       *

    (c) Secret Service not Affected.-- * * *
  (d) Rule of Construction.--Nothing in subsection (a)(1) may 
be construed to limit the investigative authority of any other 
Federal department or agency.

           *       *       *       *       *       *       *


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

  (a) Enforcement Authorities for Uniformed Guards.--The 
Secretary of State may authorize Department of State uniformed 
guards to protect buildings and areas within the United States 
for which the Department of State provides protective services, 
including duty in areas outside the property to the extent 
necessary to protect the property and persons in that area.
  (b) Powers of Guards.--While engaged in the performance of 
official duties as a uniformed guard under subsection (a), a 
guard may--
          (1) enforce Federal laws and regulations for the 
        protection of persons and property;
          (2) carry firearms; and
          (3) make arrests without warrant for--
                  (A) any offense against the United States 
                committed in the guard's presence; or
                  (B) any felony cognizable under the laws of 
                the United States if the guard has reasonable 
                grounds to believe that the person to be 
                arrested has committed, or is committing, such 
                felony in connection with the buildings, areas, 
                or persons, for which the Department of State 
                is providing protective services.
  (c) Regulations.--
          (1) In general.--The Secretary of State, in 
        consultation with the Secretary of Homeland Security, 
        may prescribe such regulations as may be necessary for 
        the administration of buildings and areas within the 
        United States for which the Department of State 
        provides protective services, including reasonable 
        penalties for violations of such regulations, within 
        the limits prescribed in subsection (d).
          (2) Posting.--The regulations prescribed under 
        paragraph (1) shall be posted in a conspicuous place on 
        the property.
  (d) Penalties.--A person violating a regulation prescribed 
under subsection (c) shall be fined under title 18, United 
States Code, imprisoned for not more than 6 months, or both.
  (e) Attorney General Approval.--The powers granted to guards 
designated under this section shall be exercised in accordance 
with guidelines approved by the Attorney General.
  (f) Relationship to Other Authority.--Nothing in this section 
may be construed to affect the authority of the Secretary of 
Homeland Security, the Administrator of General Services, or 
any Federal law enforcement agency.
    Sec. 38. (a) International Agreements.-- * * *

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

          (3) Transfers of funds.--Funds received by the 
        Department of State [from another agency of the United 
        States Government] 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.

           *       *       *       *       *       *       *

    Sec. 61. Reemployment of annuitants under the Civil Service 
Retirement System and Federal Employees' Retirement System.
    (a) Authority.--(1) In general.--To facilitate the 
assignment of persons to Iraq and Afghanistan or [to posts 
vacated] , to positions in the Response Readiness Corps, or to 
posts vacated by members of the Service assigned to Iraq and 
Afghanistan, the Secretary of State may waive the application 
of the provisions of section 8344 or 8468 of title 5 on a case-
by-case basis for employment of an annuitant in a position in 
the Department of State for which there is exceptional 
difficulty in recruiting or retaining a qualified employee, or 
when a temporary emergency hiring need exists.
    (2) Termination of authority.--The authority of the 
Secretary under paragraph (1) shall terminate on October 1, 
[2010] 2012. 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.

           *       *       *       *       *       *       *

    Sec. 62. Reconstruction and Stabilization.--(a) * * *

           *       *       *       *       *       *       *

    Sec. 62a. Authorities Related to Personnel.--(a) * * *

SEC. 63. FOREIGN RELATIONS EXCHANGE PROGRAMS.

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

SEC. 64. BUYING POWER MAINTENANCE, INTERNATIONAL ORGANIZATIONS.

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

           *       *       *       *       *       *       *


                        Arms Control Export Act


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

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

           *       *       *       *       *       *       *

    Sec. [47] 48. Definitions.--For purposes of this Act, the 
term--

           *       *       *       *       *       *       *


               United States Information and Educational 
Exchange Act of 1948

           *       *       *       *       *       *       *



   TITLE V--DISSEMINATING INFORMATION ABOUT THE UNITED STATES ABROAD

    Sec. 501. (a) * * *
    (b)(1) The [Director of the United States Information 
Agency] Secretary of State shall make available to the 
Archivist of the United States, for domestic distribution, 
motion pictures, films, videotapes, and other material prepared 
for dissemination abroad 12 years after the initial 
dissemination of the material abroad or, in the case of such 
material not disseminated abroad, 12 years after the 
preparation of the material.
    [(2) The Director of the United States Information Agency 
shall be reimbursed for any attendant expenses. Any 
reimbursement to the Director pursuant to this subsection shall 
be credited to the applicable appropriation of the United 
States Information Agency.]
  (2) The Broadcasting Board of Governors may make available to 
the Archivist of the United States, for domestic distribution, 
motion pictures, films, videotape, and other material prepared 
by the Broadcasting Board of Governors for dissemination abroad 
2 years after the initial dissemination of the material abroad, 
or in the case of such material not disseminated abroad, 2 
years after the preparation of the material.
  (3) The Secretary of State and the Broadcasting Board of 
Governors shall be reimbursed for any attendant expenses. Any 
reimbursement to the Secretary or the Broadcasting Board of 
Governors under this paragraph shall be credited to the 
applicable appropriation of the Department of State or the 
Broadcasting Board of Governors.
    [(3)] (4) The Archivist shall be the official custodian of 
the material and shall issue necessary regulations to ensure 
that persons seeking its release in the United States have 
secured and paid for necessary United States rights and 
licenses and that all costs associated with the provision of 
the material by the Archivist shall be paid by the persons 
seeking its release. The Archivist may charge fees to recover 
such costs, in accordance with section 2116(c) of title 44, 
United States Code. Such fees shall be paid into, administered, 
and expended as part of the National Archives Trust Fund.
    Sec. 604. (a) Establishment.--(1) There is established an 
advisory commission to be known as the United States Advisory 
Commission on Public Diplomacy.
    [(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.]
    (2) The Commission shall consist of seven members appointed 
by the President, by and with the advice and consent of the 
Senate.
    (3) 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 4 members shall have substantial experience in 
the conduct or evaluation of public diplomacy or comparable 
activities in the private or public sector. No member may be an 
officer or employee of the United States.
    [(3)] (4) The term of each member shall be 3 years, except 
that of the original seven appointments, two shall be for a 
term of 1 year and two shall be for a term of 2 years. 
    [(4)] (5) Any member appointed to fill a vacancy occurring 
before the expiration of the term for which a predecessor was 
appointed shall be appointed for the remainder of such term. 
Upon the expiration of a member's term of office, such member 
may continue to serve until a successor is appointed and 
qualified.
    [(5)] (6) The President shall designate a member to chair 
the Commission.

           *       *       *       *       *       *       *

    (c) Duties and Responsibilities.--(1) The Commission shall 
formulate and recommend to the Director of the United States 
Information Agency, the Secretary of State, and the President 
policies and programs to carry out the functions vested in the 
Director or the Agency, and shall appraise the effectiveness of 
policies and programs of the Agency.
    [(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 frequently than once every 2 years, the 
Commission shall--
          (i) conduct an in-depth study of United States public 
        diplomacy programs, policies, and activities;
          (ii) assess the effectiveness of the various 
        mechanisms of public diplomacy conducted by the United 
        States Government in light of public and media 
        attitudes around the world toward the United States, 
        its people, and United States foreign policy; and
          (iii) develop appropriate recommendations.
  (B) The Commission is authorized to use amounts in its 
allotted budget to award grants to assist in carrying out its 
duties under this paragraph.
  (C) The Commission shall submit a comprehensive report of 
each study required under subparagraph (A) to the Secretary, 
the Committee on Foreign Relations of the Senate, and the 
Committee on Foreign Affairs of the House of Representatives.
  (D) Upon the 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 information 
to the Commission, as appropriate, to assist the Commission in 
carrying out its duties under this paragraph.

           *       *       *       *       *       *       *

    Sec. 804. In carrying out the provisions of this Act, the 
Secretary, 54 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] United States citizens 
        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;

Foreign Assistance Act of 1961

           *       *       *       *       *       *       *


    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) * * *

           *       *       *       *       *       *       *

          (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[.] and
          (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.
    Sec. 122. General Authorities.--(a) * * *

           *       *       *       *       *       *       *

    (e) The President shall establish an interagency 
Development Loan Committee, consisting of such officers from 
such agencies of the United States Government as he may 
determine, which shall, under the direction of the President, 
establish standards and criteria for lending operations under 
this chapter in accordance with the foreign and financial 
policies of the United States. Except in the case of officers 
serving in positions to which they were appointed by the 
President by and with the advice and consent of the Senate, 
officers assigned to the Committee shall be so assigned by the 
President by and with the advice and consent of the Senate.
  (f)(1) The Administrator of the United States Agency for 
International Development is authorized--
          (A) to encourage the people of the United States to 
        further dialogue and understanding of development, 
        humanitarian assistance, and foreign assistance 
        programs; and
          (B) to facilitate widespread public discussion, 
        analysis, and review of the issues addressed in the 
        final report of the Helping to Enhance the Livelihood 
        of People Around the Globe Commission (HELP 
        Commission), issued in December 2007, with special 
        regard to the HELP Commission's call to encourage 
        Executive agencies to more fully explain United States 
        development activities to the American people in order 
        to raise the American people's understanding about and 
        support for foreign assistance.
  (2) Not to exceed $1,000,000 of the amounts made available 
each fiscal year for the purposes of this chapter may be used 
to ensure effective engagement with the American people in 
understanding and promoting public understanding of 
development, humanitarian assistance, and foreign assistance 
programs, in addition to funds otherwise available for such 
purposes.

           *       *       *       *       *       *       *

    Sec. 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 describe the extent to 
which each country has extended protection to refugees, 
including the provision of first asylum and resettlement. 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. 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 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. 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--
    Sec. 534. Administration of Justice.--(a) The President may 
furnish assistance under this chapter to countries and 
organizations, including national and regional institutions, in 
order to strengthen the administration of justice [in countries 
in Latin America and the Caribbean].
    (b) Assistance under this section may only include--
          (1) support for specialized professional training, 
        scholarships, and exchanges for continuing legal 
        education;
          (2) programs to enhance prosecutorial and judicial 
        capabilitiesand protection for participants in judicial 
        cases;
          (3) notwithstanding section 660 of this Act--
                  (A) programs to enhance professional 
                capabilities to carry out investigative and 
                forensic functions conducted under judicial or 
                prosecutorial control;
                  (B) programs to assist in the development of 
                academic instruction and curricula for training 
                law enforcement personnel;
                  (C) programs to improve the administrative 
                and management capabilities of law enforcement 
                agencies, especially their capabilities 
                relating to career development, personnel 
                evaluation, and internal discipline procedures; 
                [and]
                  (D) programs, conducted through multilateral 
                or regional institutions, to improve penal 
                institutions and the rehabilitation of 
                offenders; and
                  (E) programs to enhance the protection of 
                participants in judicial cases;
          (4) strengthening professional organizations in order 
        to promote services to members and the role of the bar 
        in judicial selection, enforcement of ethical 
        standards, and legal reform;
          (5) increasing the availability of legal materials 
        and publications;
          (6) seminars, conferences, and training and 
        educational programs to improve the administration of 
        justice and to strengthen respect for the rule of law 
        and internationally recognized human rights; and
          (7) revision and modernization of legal codes and 
        procedures.
    [(c) Not more than $20,000,000 of the funds made available 
to carry out this chapter for any fiscal year shall be 
available to carry out this section, in addition to amounts 
otherwise available for such purposes.]
    [(d)] (c) Funds may not be obligated for assistance under 
this section unless the Committee on Foreign Affairs of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate are notified of the amount and nature of the 
proposed assistance at least 15 days in advance in accordance 
with the procedures applicable to reprogrammings pursuant to 
section 634A of this Act.
    [(e)] (d) Personnel of the Department of Defense and 
members of the United States Armed Forces may not participate 
in the provision of training under this section. Of the funds 
made available to carry out this section, not more than 
$10,000,000 may be made available in fiscal year 1991 to carry 
out the provisions of subsection (b)(3) of this section. The 
authority of this section shall expire on September 30, 1991.

           *       *       *       *       *       *       *

    Sec. 607. Furnishing of Services and Commodities.--(a) * * 
*

           *       *       *       *       *       *       *

    (d) The Secretary of State, acting through the Assistant 
Secretary of State for [Oceans and International Environmental 
and Scientific Affairs] Oceans, Environment, and Science, is 
authorized to transfer to any friendly country, international 
organization, the American Red Cross, or other voluntary 
nonprofit relief agency described in subsection (a), 
Government-owned excess property made available under this 
section or section 608 in order to support activities carried 
out under part I of this Act which are designed to enhance 
environmental protection in foreign countries if the Secretary 
of State makes a written determination--

           *       *       *       *       *       *       *

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

           *       *       *       *       *       *       *

    (q) No assistance shall be furnished under this Act to [any 
country] the government of any country which is in default, 
during a period in excess of [six calendar months] 1 year, in 
payment to the United States of principal or interest on any 
loan made to [such country] such government under this Act, 
unless such country meets its obligations under the loan or 
unless the President determines that assistance to such country 
is in the national interest and notifies the Speaker of the 
House of Representatives and the Committee on Foreign Relations 
of the Senate of such determination.

           *       *       *       *       *       *       *


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

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

           *       *       *       *       *       *       *

    Sec. 625. Employment of Personnel.--(a) * * *

           *       *       *       *       *       *       *

    (j) Reemployment of annuitants under the Civil Service 
Retirement System and the Federal Employees' Retirement 
System.--
          (1)(A) To facilitate the assignment of persons to 
        Iraq and Afghanistan [or to posts vacated] , to 
        positions in the Response Readiness Corps, or to posts 
        vacated by members of the Service assigned to Iraq and 
        Afghanistan, the Administrator of the United States 
        Agency for International Development may waive the 
        application of the provisions of section 8344 or 8468 
        of title 5 on a case-by-case basis for employment of an 
        annuitant in a position in the United States Agency for 
        International Development for which there is 
        exceptional difficulty in recruiting or retaining a 
        qualified employee, or when a temporary emergency 
        hiring need exists.
          (B) The authority of the Administrator under 
        subparagraph (A) shall terminate on October 1, [2010] 
        2012. 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.

           *       *       *       *       *       *       *

    Sec. 660. Prohibiting Police Training.--(a) * * *
    (b) Subsection (a) of this section shall not apply--

           *       *       *       *       *       *       *

    (1) * * *
          (4) with respect to assistance provided to police 
        forces in connection with their participation in the 
        regional security system of the Eastern Caribbean 
        states; [or]
          (5) with respect to assistance, including training, 
        relating to sanctions monitoring and enforcement;
          (6) 1202 with respect to assistance provided to 
        reconstitute civilian police authority and capability 
        in the post-conflict restoration of host nation 
        infrastructure for the purposes of supporting a nation 
        emerging from instability [, and the provision of 
        professional public safety training, to include 
        training in internationally recognized standards of 
        human rights, the rule of law, anti-corruption, and the 
        promotion of civilian police roles that support 
        democracy;] , including any regional, district, 
        municipal, or other subnational entity emerging from 
        instability;
          (7) with respect to assistance provided to customs 
        authorities and personnel, including training, 
        technical assistance and equipment, for customs law 
        enforcement and the improvement of customs laws, 
        systems and procedures. Notwithstanding clause (2), 
        subsection (a) shall apply to any renewal or extension 
        of any contract referred to in such paragraph entered 
        into on or after such date of enactment[.] ;
          (8) with respect to the provision of professional 
        training, including training in internationally 
        recognized standards of human rights and the rule of 
        law;
          (9) with respect to assistance to foster civilian 
        police roles that support democratic governance and 
        foster improved police-community relations;
          (10) with respect to assistance to combat trafficking 
        in persons, address sexual and gender-based violence, 
        reduce corruption, prevent conflict, and respond to 
        disasters;
          (11) with respect to assistance to address inhumane 
        conditions in prisons and other detention facilities 
        administered by foreign governments that are making 
        efforts to address the health, sanitation, nutrition, 
        and other basic needs of prisoners;
          (12) with respect to assistance provided for 
        prisoners for humanitarian or development purposes; or
          (13) with respect to assistance to support 
        humanitarian operations and activities.

           *       *       *       *       *       *       *

    [(d) Notwithstanding the prohibition contained in 
subsection (a), assistance may be provided to Honduras or El 
Salvador for fiscal years 1986 and 1987 if, at least 30 days 
before providing assistance, the President notifies the 
Committee on Foreign Affairs 1207 of the House of 
Representatives and the Committee on Foreign Relations of the 
Senate, in accordance with the procedures applicable to 
reprogramming notifications pursuant to section 634A of this 
Act, that he has determined that the government of the 
recipient country has made significant progress, during the 
preceding six months, in eliminating any human rights 
violations including torture, incommunicado detention, 
detention of persons solely for the non-violent expression of 
their political views, or prolonged detention without trial. 
Any such notification shall include a full description of the 
assistance which is proposed to be provided and of the purposes 
to which it is to be directed.]
  (d) Assistance under chapter 4 of part II that is otherwise 
prohibited under subsection (a) may be provided to a country if 
the Secretary determines and certifies to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs of the House of Representatives that such assistance is 
in the national interest of the United States.

           *       *       *       *       *       *       *


Clean Air Act

           *       *       *       *       *       *       *



SEC. 7671P. INTERNATIONAL COOPERATION.

    (a) In general. The President shall undertake to enter into 
international agreements to foster cooperative research which 
complements studies and research authorized by this subchapter, 
and to develop standards and regulations which protect the 
stratosphere consistent with regulations applicable within the 
United States. For these purposes the President through the 
Secretary of State and the Assistant Secretary of State for 
[Oceans and International Environmental and Scientific Affairs] 
Oceans, Environment, and Science, shall negotiate multilateral 
treaties, conventions, resolutions, or other agreements, and 
formulate, present, or support proposals at the United Nations 
and other appropriate international forums and shall report to 
the Congress periodically on efforts to arrive at such 
agreements.

           *       *       *       *       *       *       *


                  Department of State Appropriations 
Authorization Act of 1973

           *       *       *       *       *       *       *


    Sec. 9. (a) There is established within the Department of 
State a Bureau of [Oceans and International Environmental and 
Scientific Affairs] Oceans, Environment, and Science. There 
shall be an Assistant Secretary of State for [Oceans and 
International Environmental and Scientific Affairs] Oceans, 
Environment, and Science, appointed by the President, by and 
with the advice and consent of the Senate, who shall be the 
head of the Bureau and who shall have responsibility for 
matters relating to oceans, environmental, scientific, 
fisheries, wildlife, and conservation affairs and for such 
other related duties as the Secretary may from time to time 
designate.

           *       *       *       *       *       *       *


Foreign Service Act of 1980

           *       *       *       *       *       *       *



Chapter 2--Management of the Service

           *       *       *       *       *       *       *


    Sec. 209. Inspector General.--(a)(1) * * *

           *       *       *       *       *       *       *

    (c)(1) The Inspector General shall develop and implement 
policies and procedures for the inspection and audit activities 
carried out under this section. These policies and procedures 
shall be consistent with the general policies and guidelines of 
the Government for inspection and audit activities and shall 
comply with the standards established by the Comptroller 
General of the United States for audits of Government agencies, 
organizations, programs, activities, and functions.

           *       *       *       *       *       *       *

    [(5) Investigations.--
          [(A) Conduct of investigations.--In conducting 
        investigations of potential violations of Federal 
        criminal law or Federal regulations, the Inspector 
        General shall--
                  [(i) abide by professional standards 
                applicable to Federal law enforcement agencies; 
                and
                  [(ii) make every reasonable effort to permit 
                each subject of an investigation an opportunity 
                to provide exculpatory information.
          [(B) Final reports of investigations.--In order to 
        ensure that final reports of investigations are 
        thorough and accurate, the Inspector General shall--
                  [(i) make every reasonable effort to ensure 
                that any person named in a final report of 
                investigation has been afforded an opportunity 
                to refute any allegation of wrongdoing or 
                assertion with respect to a material fact made 
                regarding that person's actions;
                  [(ii) include in every final report of 
                investigation any exculpatory information, as 
                well as any inculpatory information, that has 
                been discovered in the course of the 
                investigation.]
    (d)(1) The Inspector General shall keep the Secretary of 
State fully and currently informed, by means of the reports 
required by paragraphs (2) and (3) and otherwise, concerning 
fraud and other serious problems, abuses, and deficiencies 
relating to the administration of activities and operations 
administered or financed by the Department of State.

           *       *       *       *       *       *       *

                  (D) a summary of matters referred to 
                prosecutive authorities and the prosecutions 
                and convictions which have resulted; and
                  (E) a listing of each audit report completed 
                by the Inspector General during the reporting 
                period[; and] .
                  [(F) a notification, which may be included, 
                if necessary, in the classified portion of the 
                report, of any instance in a case that was 
                closed during the period covered by the report 
                when the Inspector General decided not to 
                afford an individual the opportunity described 
                in subsection (c)(5)(B)(i) to refute any 
                allegation and the rationale for denying such 
                individual that opportunity.
[The Secretary of State shall transmit a copy of such annual 
report within 30 days after receiving it to the Committee on 
Foreign Relations of the Senate and the Committee on Foreign 
Affairs of the House of Representatives and to other 
appropriate committees, together with a report of the Secretary 
of State containing any comments which the Secretary of State 
deems appropriate. Within 60 days after transmitting such 
reports to those committees, the Secretary of State shall make 
copies of them available to the public upon request and at a 
reasonable cost.]

           *       *       *       *       *       *       *


                        Chapter 3--Appointments

    Sec. 305. Senior Foreign Service.--(a) Salary Class.-- * * 
*

           *       *       *       *       *       *       *

    [(d) Recertification Process.--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 3393a of title 5.]

           *       *       *       *       *       *       *


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 a local compensation plan established under 
section 408, the amount of such gratuity shall be equal to the 
greater of 1 year's salary at the time of death or 1 year's 
basic salary at the highest step of the highest grade on the 
local compensation plan from which the employee was being paid 
at the time of death. 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. 414. BORDER EQUALIZATION PAY ADJUSTMENT.

           *       *       *       *       *       *       *


SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

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

           *       *       *       *       *       *       *


Chapter 7--Career Development, Training, and Orientation

           *       *       *       *       *       *       *


    Sec. 704. Training Authorities.--(a) In the exercise of 
functions under this chapter, the Secretary of State may--

           *       *       *       *       *       *       *

          (4)(A) employ in accordance with the civil service 
        laws such personnel as may be necessary to carry out 
        the provisions of this chapter, and
          (B) if and to the extent determined to be necessary 
        by the Secretary of State, obtain without regard to the 
        provisions of law governing appointments in the 
        competitive service, by appointment or contract 
        (subject to the availability of appropriations), the 
        services of individuals to serve as education and 
        training specialists, including language instructors, 
        linguists, and [other academic and training 
        specialists] other specialists who perform work 
        directly relating to the design, delivery, oversight, 
        or coordination of training deliverd by the institution 
        (including, in the absence of suitably qualified United 
        States citizens, qualified individuals who are not 
        citizens of the United States); and

           *       *       *       *       *       *       *


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) instruction on international documents and United 
        States policy in human rights, which shall be mandatory 
        for all members of the Service having reporting 
        responsibilities relating to human rights and for 
        chiefs of mission;
          (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.

           *       *       *       *       *       *       *

  (d) The Secretary of State shall ensure that members of the 
Service, before receiving assignments that require new and 
improved skills--
          (1) receive language, security, area, civilian-
        military roles, and other training that is necessary to 
        successfully execute their responsibilities in their 
        new assignments; and
          (2) have opportunities during their careers to obtain 
        advanced education and training in academic and other 
        relevant institutions in the United States and in other 
        countries to increase the capacity of the Service to 
        fulfill its mission.
  (e) The Secretary of State shall ensure that relevant 
officers of the Foreign Service deploying to areas undergoing 
significant conflict or considered to be at risk of significant 
conflict receive appropriate advanced training in conflict 
prevention, mitigation, and resolution, including an 
understanding of--
          (1) peace processes, negotiations, and decision-
        making;
          (2) patterns of escalation;
          (3) country and region-specific issues, including 
        resource allocation, as contributing factors to peace 
        or conflict;
          (4) related civilian-military coordination and 
        planning; and
          (5) how to function successfully when--
                  (A) public order has been undermined by 
                instability; or
                  (B) there is no civil authority that can 
                effectively provide public safety.

           *       *       *       *       *       *       *


          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 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 183 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, 2010, shall, to the extent that such 
computation is based on the basic salary or basic pay of such 
member while the member was outside the United States, be 
considered to be the salary or pay that would have been aid 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 may expend 
such sums as may be necessary to administer the provisions of 
this chapter, including actuarial advice, but only to the 
extent and in such amounts as are provided in advance in 
appropriations acts.
    Sec. 819. Investment of the Fund.--The [Secretary of the 
Treasury] Secretary of State 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 
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.-- * * *

           *       *       *       *       *       *       *

    (g) Waiver of Annuity Limitations.--(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) if, and for so long as, such waiver is necessary 
        due to an emergency involving a direct threat to life 
        or property or other unusual circumstances;
          (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
          (C)(i) to provide assistance to consular posts with a 
        substantial backlog of visa applications; or
          (ii) to provide assistance to meet the demand 
        resulting from the passport and travel document 
        requirements set forth in section 7209(b) of the 
        Intelligence Reform and Terrorism Prevention Act of 
        2004 (Public Law 108-458; 8 U.S.C. 1185 note), 
        including assistance related to the investigation of 
        fraud in connection with an application for a passport.
          [(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)]  paragraph (2), (3), or (4) of subsection (a)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.

           *       *       *       *       *       *       *

    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 of such pay 
period), shall, to the extent that such computation is based on 
the basic salary or basic pay of such member while the member 
was outside the United States, be considered to be the salary 
that would have bee 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) The 
employing agency shall deduct and withhold from the basic pay 
of each participant the applicable percentage of basic pay 
specified in paragraph (2) of this subsection minus the 
percentage then in effect under section 3101(a) of the Internal 
Revenue Code of 1986 (26 U.S.C. 3101(a)) (relating to the rate 
of tax for old age, survivors, and disability insurance).

           *       *       *       *       *       *       *

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

  (2) The applicable percentage specified in this paragraph 
shall be as follows:


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



    

           *       *       *       *       *       *       *
    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 (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.] 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.

           *       *       *       *       *       *       *


Chapter 9--Travel, Leave, and Other Benefits

           *       *       *       *       *       *       *


    Sec. 901. Travel and Related Expenses.--The Secretary may 
pay the travel and related expenses of members of the Service 
and their families, including costs or expenses incurred for--
          (1) proceeding to and returning from assigned posts 
        of duty;
          [(2) authorized or required home leave;]
            ``(2) authorized or required home leave, including 
        optional home leave travel, in an amount that does not 
        exceed the cost, per person, of the member of the 
        Service, by--
                    ``(A) family members residing at the 
                employee's post of assignment; and
                    ``(B) family members residing at other 
                authorized locations because they are prevented 
                by official order from residing at post;

           *       *       *       *       *       *       *

    Sec. 903. Required Leave in the United States.--(a) The 
Secretary may order a member of the Service (other than a 
member employed under section 311) 337 who is a citizen of the 
United States to take a leave of absence under section 6305 of 
title 5, United States Code (without regard to the introductory 
clause of subsection (a) of that section), upon completion by 
that member of [18 months of continuous service abroad] 12 
months of continuous service abroad (or after a shorter period 
of such service if the member's assignment is terminated for 
the convenience of the Service. The Secretary shall order on 
such a leave of absence a member of the Service (other than a 
member employed under section 311) who is a citizen of the 
United States as soon as possible after completion by that 
member of 3 years of continuous service abroad.

           *       *       *       *       *       *       *


Foreign Relations Authorization Act, Fiscal Year 1979

           *       *       *       *       *       *       *


    Sec. 504. (a)(1) * * *

           *       *       *       *       *       *       *

  (e)(1) The Secretary may award grants and enter into 
cooperative agreements related to science and technology 
fellowship programs of the Department of State, including for 
assistance in recruiting fellows and the payment of stipends, 
travel, and other appropriate expenses to fellows.
  (2) Grants awarded under this subsection may be--
          (A) part of the United States Science Envoy program; 
        and
          (B) used to select our Nation's preeminent 
        scientists, Nobel laureates, and leaders in technology 
        who will travel overseas to represent the commitment of 
        the United States to collaborate with other countries 
        to promote the advancement of science and technology 
        throughout the world based on issues of common interest 
        and expertise.
  (3) Stipends awarded under this subsection shall not be 
considered compensation for purposes of section 209 of title 
18, United States Code.
  (4) The total amount of grants awarded under this subsection 
shall not exceed $2,000,000 in any fiscal year.

                 Foreign Relations Authorization Act, 
                       Fiscal Years 1990 and 1991


SEC. 136. INCREASED PARTICIPATION OF UNITED STATES CONTRACTORS IN LOCAL 
                    GUARD CONTRACTS ABROAD UNDER THE DIPLOMATIC 
                    SECURITY PROGRAM.

    (a) Findings.--The Congress makes the following findings:

           *       *       *       *       *       *       *

    (c) Participation of United States Contractors in Local 
Guard Contracts Abroad.--With respect to local guard contracts 
for a Foreign Service building which exceed $250,000 and are 
entered into after the date of enactment of this Act, the 
Secretary of State shall--
          (1) establish procedures to ensure that all 
        solicitations for such contracts are adequately 
        advertised in the Commerce and Business Daily;
          (2) absent compelling reasons, award such contracts 
        through the competitive process;
          [(3) in evaluating proposals for such contracts, 
        award contracts to the technically acceptable firm 
        offering the lowest evaluated price, except that 
        proposals of United States persons and qualified United 
        States joint venture persons (as defined in subsection 
        (d)) shall be evaluated by reducing the bid price by 10 
        percent;]
          (3) in evaluating proposals for such contracts, award 
        contracts to technically acceptable firms offering the 
        lowest evaluated price, except that--
                  (A) the Secretary may award contracts on the 
                basis of best value (as determined by a cost-
                technical tradeoff analysis); and
                  (B) proposals received from United States 
                persons and qualified United States joint 
                venture persons shall be evaluated by reducing 
                the bid price by 10 percent;

           *       *       *       *       *       *       *


Omnibus Diplomatic Security and Antiterrorism Act of 1986

           *       *       *       *       *       *       *



               TITLE III--PERFORMANCE AND ACCOUNTABILITY

SEC. 301. ACCOUNTABILITY REVIEW BOARDS.

    (a) In General.--
          (1) Convening a board.-- * * *

           *       *       *       *       *       *       *

          (3) Facilities in [afghanistan and] afghanistan, 
        pakistan, and iraq.--
                  (A) Limited exemptions from requirement to 
                convene board.--The Secretary of State is not 
                required to convene a Board in the case of an 
                incident that--
                          (i) involves serious injury, loss of 
                        life, or significant destruction of 
                        property at, or related to, a United 
                        States Government mission in 
                        [Afghanistan or] Afghanistan, Pakistan, 
                        or Iraq; and
                          (ii) occurs during the period 
                        beginning on October 1, 2005, and 
                        ending on September 30, [2009] 2010.

           *       *       *       *       *       *       *


              Migration and Refugee Assistance Act of 1962

    Sec. 2. (a)(1) The President is authorized to continue 
membership for the United States in the International 
Organization for Migration in accordance with the constitution 
of such organization approvedin Venice, Italy, on October 19, 
1953, as amended in Geneva, Switzerland, on November 24, 1998, 
upon entry into force of such amendments.

           *       *       *       *       *       *       *

    (c)(1) Whenever the President 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.

           *       *       *       *       *       *       *


Immigration and Nationality Act

           *       *       *       *       *       *       *



SEC. 101. GENERAL PROVISIONS.

    (a) As used in this chapter--

           *       *       *       *       *       *       *

    (b) As used in subchapters I and II of this chapter--
          (1) The term ``child'' means an unmarried person 
        under twenty-one years of age who is--
                  (A) a child born in wedlock;

           *       *       *       *       *       *       *

                  (G) [a child, under the age of sixteen] a 
                child who
                          (i) is younger than 16 years of age 
                        at the time a petition is filed on the 
                        child's behalf to accord a 
                        classification as an immediate relative 
                        under section 1151(b) of this title, 
                        who has been adopted in a foreign state 
                        that is a party to the Convention on 
                        Protection of Children and Co-operation 
                        in Respect of Intercountry Adoption 
                        done at The Hague on May 29, 1993, or 
                        who is emigrating from such a foreign 
                        state to be adopted in the United 
                        States, by a United States citizen and 
                        spouse jointly, or by an unmarried 
                        United States citizen at least [25 
                        years of age--] 25 years of age if--
                          [(i) if--]
                                  (I) the Attorney General is 
                                satisfied that proper care will 
                                be furnished the child if 
                                admitted to the United States;
                                  (II) the child's natural 
                                parents (or parent, in the case 
                                of a child who has one sole or 
                                surviving parent because of the 
                                death or disappearance of, 
                                abandonment or desertion by, 
                                the other parent), or other 
                                persons or institutions that 
                                retain legal custody of the 
                                child, have freely given their 
                                written irrevocable consent to 
                                the termination of their legal 
                                relationship with the child, 
                                and to the child's emigration 
                                and adoption;
                                  (III) in the case of a child 
                                having two living natural 
                                parents, the natural parents 
                                are incapable of providing 
                                proper care for the child;
                                  (IV) the Attorney General is 
                                satisfied that the purpose of 
                                the adoption is to form a bona 
                                fide parent-child relationship, 
                                and the parent-child 
                                relationship of the child and 
                                the natural parents has been 
                                terminated (and in carrying out 
                                both obligations under this 
                                subclause the Attorney General 
                                may consider whether there is a 
                                petition pending to confer 
                                immigrant status on one or both 
                                of such natural parents); and
                                  (V) in the case of a child 
                                who has not been adopted--

                                          (aa) the competent 
                                        authority of the 
                                        foreign state has 
                                        approved the child's 
                                        emigration to the 
                                        United States for the 
                                        purpose of adoption by 
                                        the prospective 
                                        adoptive parent or 
                                        parents; and

                                          (bb) the prospective 
                                        adoptive parent or 
                                        parents has or have 
                                        complied with any pre-
                                        adoption requirements 
                                        of the child's proposed 
                                        residence; and
                                  [(ii)] (VI) except that no 
                                natural parent or prior 
                                adoptive parent of any such 
                                child shall thereafter, by 
                                virtue of such parentage, be 
                                accorded any right, privilege, 
                                or status under this chapter[.] 
                                ; or
                          (ii) subject to the same conditions 
                        as in clause (i), except with respect 
                        to the age of the child--
                                  (I) is a natural sibling of a 
                                child described in clause (i), 
                                subparagraph (E)(i), or 
                                subparagraph (F)(i);
                                  (II) has been adopted abroad, 
                                or is coming to the United 
                                States for adoption, by the 
                                adoptive parent (or prospective 
                                adoptive parent) or parents of 
                                the sibling described in clause 
                                (i), subparagraph (E)(i), or 
                                subparagraph (F)(i); and
                                  (III) is younger than 18 
                                years of at the time a petition 
                                is filed in his or her behalf 
                                to accord a classification as 
                                an immediate relative under 
                                section 201(b).

           *       *       *       *       *       *       *


SEC. 209. ADJUSTMENTS OF STATUS OF REFUGEES.

    (a) Inspection and Examination by Department of Homeland 
Security.--
          (1) Any alien who has been admitted to the United 
        States under section 1157 of this title--
                  (A) whose admission has not been terminated 
                by the Secretary of Homeland Security or the 
                Attorney General pursuant to such regulations 
                as the Secretary of Homeland Security or the 
                Attorney General may prescribe,
                  (B) who has been physically present in the 
                United States for at least one year, and
                  (C) who has not acquired permanent resident 
                status, shall, at the end of such year period, 
                return or be returned to the custody of the 
                Department of Homeland Security for inspection 
                and examination for admission to the United 
                States as an immigrant in accordance with the 
                provisions of sections 1225, 1229a, and 1231 of 
                this title.


        shall, at the end of such year period, return [or be 
        returned to the custody of] to the Department of 
        Homeland Security [for inspection and examination] to 
        be inspected and examined for admission to the United 
        States as an immigrant in accordance with the 
        provisions of sections 1225, 1229a, and 1231 of this 
        title.

           *       *       *       *       *       *       *


SEC. 212. INADMISSIBLE ALIENS.

    (a) Classes of Aliens Ineligible for Visas or Admission.--
Except as otherwise provided in this chapter, aliens who are 
inadmissible under the following paragraphs are ineligible to 
receive visas and ineligible to be admitted to the United 
States:
          (1) Health-related grounds--
                  (A) In general.--Any alien--

           *       *       *       *       *       *       *

                  (C) Exception from immunization requirement 
                for adopted children 10 years of age or 
                younger.--Clause (ii) of subparagraph (A) shall 
                not apply to a child who--
                          (i) is 10 years of age or younger,
                          (ii) is described in [section 
                        1101(b)(1)(F),] subparagraph (F) or (G) 
                        of section 101(b)(1); of this title, 
                        and

           *       *       *       *       *       *       *

          (10) Miscellaneous

           *       *       *       *       *       *       *

                (C) International child abduction.--

           *       *       *       *       *       *       *

                          (iii) Exceptions.--Clauses (i) and 
                        (ii) shall not apply--
                                  (I) to a government official 
                                of the United States who is 
                                acting within the scope of his 
                                or her official duties; or
                                  (II) to a government official 
                                of any foreign government if 
                                the official has been 
                                designated by the Secretary of 
                                State at the Secretary's sole 
                                and unreviewable discretion[; 
                                or] .
                                  [(III) so long as the child 
                                is located in a foreign state 
                                that is a party to the 
                                Convention on the Civil Aspects 
                                of Inernational Child 
                                Abduction, done at The Hague on 
                                October 25, 1980.]

           *       *       *       *       *       *       *

    Sec. 221. (a) Immigrants; Nonimmigrants.--
          (1) * * *

           *       *       *       *       *       *       *

    (b) Registration; Photographs; Waiver of Requirement.-- 
Each alien who applies for a visa shall be registered in 
connection with his application, and shall furnish copies of 
his photograph [signed by him] for such use as may be by 
regulations required. The requirements of this subsection may 
be waived in the discretion of the Secretary of State in the 
case of any alien who is within that class of nonimmigrants 
enumerated in sections 101(a)(15)(A), and 101(a)(15)(G), or in 
the case of any alien who is granted a diplomatic visa on a 
diplomatic passport or on the equivalent thereof.

           *       *       *       *       *       *       *

                          (iv) Subject to such regulations as 
                        the Secretary of State may prescribe, 
                        mailings required under this subsection 
                        may be transmitted by electronic means 
                        if an applicant consents to electronic 
                        service.

           *       *       *       *       *       *       *


                   Fisherman's Protective Act of 1967


SEC. 1977. REIMBURSEMENT FOR SEIZED COMMERCIAL FISHERMEN.

    (a) Agreement to Reimburse for Actual Costs, Confiscation 
or Spoilage of Fish, and Loss of Income,-- * * *

           *       *       *       *       *       *       *

    (e) Effective Date.--The provisions of this section shall 
be effective until October 1, [2008] 2013; except that payments 
may be made under this section only to such extent and in such 
amounts as are provided in advance in appropriation Acts.

           *       *       *       *       *       *       *


International Religious Freedom Act of 1998

           *       *       *       *       *       *       *



SEC. 102. REPORTS.

    (a) Portions of Annual Human Rights Reports.--The 
Ambassador at Large shall assist the Secretary of State in 
preparing those portions of the Human Rights Reports that 
relate to freedom of religion and freedom from discrimination 
based on religion and those portions of other information 
provided Congress under sections 116 and 502B of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151m, 2304) that relate to 
the right to freedom of religion.
    (b) Annual Report on International Religious Freedom.--
          (1) Deadline for submission.--On [September 1] April 
        1 of each year or the first day thereafter on which the 
        appropriate House of Congress is in session, the 
        Secretary of State, with the assistance of the 
        Ambassador at Large, and taking into consideration the 
        recommendations of the Commission, shall prepare and 
        transmit to Congress an Annual Report on International 
        Religious Freedom supplementing the most recent Human 
        Rights Reports by providing additional detailed 
        information with respect to matters involving 
        international religious freedom. Each Annual Report 
        shall contain the following:

           *       *       *       *       *       *       *


                 Foreign Relations Authorization Act, 
                       Fiscal Years 1994 and 1995


          United States International Broadcasting Act of 1994

    Sec. 404. Assessed Contributions for United Nations 
Peacekeeping Operations.
    (a) Reassessment of Contribution Percentages.-- * * *

           *       *       *       *       *       *       *

    (b) Limitation on United States Contributions.--

           *       *       *       *       *       *       *

          (2) Subsequent fiscal years.--(A) In general.--Except 
        as provided in subparagraph (B), funds authorized to be 
        appropriated for ``Contributions for International 
        Peacekeeping Activities'' for any fiscal year after 
        fiscal year 1995 shall not be available for the payment 
        of the United States assessed contribution for a United 
        Nations peacekeeping operation in an amount which is 
        greater than 25 percent of the total of all assessed 
        contributions for that operation.
          (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) For assessments made during calendar year 
                2001, 28.15 percent.

           *       *       *       *       *       *       *

                  (vi) For assessments made during calendar 
                year 2010 and thereafter, 27.5 percent.

           *       *       *       *       *       *       *


Foreign Affairs Reform and Restructuring Act of 1998

           *       *       *       *       *       *       *



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, 2010] October 1, 2011.

           *       *       *       *       *       *       *


United States International Broadcasting Act of 1994

           *       *       *       *       *       *       *



SEC. 303. STANDARDS AND PRINCIPLES.

    (a) Broadcasting Standards.-- * * *

           *       *       *       *       *       *       *

    (b) Broadcasting Principles.--United States international 
broadcasting shall include--
          (1) news which is consistently reliable and 
        authoritative, accurate, objective, and comprehensive;
          (2) a balanced and comprehensive projection of United 
        States thought and institutions, reflecting the 
        diversity of United States culture and society;
          (3) clear and effective presentation of the 
        policies[, including editorials,] broadcast by the 
        Voice of America, which present the views of the United 
        States Government of the United States Government and 
        responsible discussion and opinion on those policies;

           *       *       *       *       *       *       *


SEC. 304. ESTABLISHMENT OF BROADCASTING BOARD OF GOVERNORS.

    (a) Continued Existence Within Executive Branch.--

           *       *       *       *       *       *       *

    (g) Immunity from Civil Liability.--Notwithstanding any 
other provision of law, any and all limitations on liability 
that apply to the members of the Broadcasting Board of 
Governors also shall apply to such members when acting in their 
capacities as members of the boards of directors of [RFE/RL, 
Incorporated and] RFE/RL Incorporated, Middle East Broadcasting 
Networks, Inc., and Radio Free Asia

           *       *       *       *       *       *       *


SEC. 309. RADIO FREE ASIA.

    (a) Authority.--

           *       *       *       *       *       *       *

    (c) Grant Agreement.--Any grant agreement or grants under 
this section shall be subject to the following limitations and 
restrictions:
          (1) The Board may not make any grant to Radio Free 
        Asia unless the headquarters of Radio Free Asia and its 
        senior administrative and managerial staff are in a 
        location which ensures economy, operational 
        effectiveness, and accountability to the Board.
          (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]  
(1) Notification._ The Board shall notify the appropriate 
congressional committees [before entering] before--
          (A) 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.] Radio 
        Free Asia; or
          (B) entering into any agreements in regard to the 
        utilization of Radio Free Asia transmitters, equipment, 
        or other resources that will significantly reduce the 
        broadcasting activities of Radio Free Asia.
    (2) Consultation._The Chairman of the Board shall consult 
with such committees on the impact of any such reduction in 
Voice of America broadcasting activities or Radio Free Asia 
broadcasting activities.
    [(h)] (g) Not a Federal Agency or Instrumentality.--Nothing 
in this title may be construed to make Radio Free Asia a 
Federal agency or instrumentality.

           *       *       *       *       *       *       *


Millennium Challenge Act of 2003

           *       *       *       *       *       *       *



SEC. 606. CANDIDATE COUNTRIES.

    (a) Low Income Countries.--
          [(1) Fiscal Year 2004.--A country shall be a 
        candidate country for purposes of eligibility for 
        assistance for fiscal year 2004 if--
                  [(A) the country is eligible for assistance 
                from the International Development Association, 
                and the per capita income of the country is 
                equal to or less than the historical ceiling of 
                the International Development Association for 
                that year, as defined by the International Bank 
                for Reconstruction and Development; and]
          (1) In General.--A country shall be a candidate 
        country for purposes of eligibility for assistance for 
        any fiscal year if--
                  (A) the country--
                          (i) has a per capita income that is 
                        not greater than the World Bank's lower 
                        middle income country threshold for 
                        such fiscal year; and
                          (ii) is among the 75 lowest per 
                        capita income countries, as identified 
                        by the World Bank; and
                  (B) [subject to paragraph (3)] subject to 
                paragraph (2), the country is not ineligible to 
                receive United States economic assistance under 
                part I of the Foreign Assistance Act of 1961 by 
                reason of the application of any provision of 
                the Foreign Assistance Act of 1961 or any other 
                provision of law.
          [(2) Fiscal year 2005 and subsequent fiscal years.--A 
        country shall be a candidate country for purposes of 
        eligibility for assistance for fiscal year 2005 or a 
        subsequent fiscal year if-
                  [(A) the per capita income of the country is 
                equal to or less than the historical ceiling of 
                the International Development Association for 
                the fiscal year involved, as defined by the 
                International Bank for Reconstruction and 
                Development; and
                  [(B) the country meets the requirements of 
                paragraph (1)(B).]
          [(3)] (2) Rule of construction.--For the purposes of 
        determining whether a country is eligible for receiving 
        assistance under section 605 pursuant to paragraph 
        (1)(B), the exercise by the President, the Secretary of 
        State, or any other officer or employee of the United 
        States of any waiver or suspension of any provision of 
        law referred to in such paragraph, and notification to 
        the appropriate congressional committees in accordance 
        with such provision of law, shall be construed as 
        satisfying the requirement of such paragraph.
    (b) Lower Middle Income Countries.--
          (1) In general.--In addition to countries described 
        in subsection (a), a country shall be a candidate 
        country for purposes of eligibility for assistance [for 
        fiscal year 2006 or a subsequent fiscal year] for any 
        fiscal year if the country--
                  [(A) is classified as a lower middle income 
                country in the then most recent edition of the 
                World Development Report for Reconstruction and 
                Development published by the International Bank 
                for Reconstruction and Development and has an 
                income greater than the historical ceiling for 
                International Development Association 
                eligibility for the fiscal year involved; and
                  [(B) meets the requirements of subsection 
                (a)(1)(B).
                  (A) has a per capita income that is not 
                greater than the World Bank's lower middle 
                income country threshold for such fiscal year;
                  (B) is not among the 75 lowest per capita 
                income countries as identified by the World 
                Bank; and
                  (C) meets the requirements under subsection 
                (a)(1)(B).
          (2) Limitation.--The total amount of assistance 
        provided to countries described in paragraph (1) for 
        fiscal year 2006 or any subsequent fiscal year may not 
        exceed 25 percent of the total amount of assistance 
        provided to all countries under section 605 [for fiscal 
        year 2006 or the subsequent fiscal year,] for such 
        fiscal year as the case may be.
    [(c)] Identification by the Board.--The Board shall 
identify whether a country is a candidate country for purposes 
of this section.
  (c) Maintaining Candidate Status.--A candidate country 
transitioning between the income categories identified in 
subsections (a) and (b) may retain its candidacy at the former 
income category for the year of such transition and for the 2 
subsequent fiscal years.

SEC. 609. MILLENNIUM CHALLENGE COMPACT.

    (a) Compact.--

           *       *       *       *       *       *       *

    [(j) Duration of Compact.--The duration of a Compact shall 
not exceed 5 years.]
  (j) Extension of Compact.--
          (1) In general.--Except as provided under paragraph 
        (2), the duration of a Compact shall not exceed 5 
        years.
          (2) Exception.--The duration of a Compact may be 
        extended beyond 5 years if the Board--
                  (A) determines that a project included in the 
                Compact cannot be completed in 5 years or less; 
                and
                  (B) approves an extension of the Compact that 
                does not extend the total duration of the 
                Compact beyond 7 years.
          (3) Congressional notification.--Not later than 15 
        days before the date on which the Board is scheduled to 
        vote on the extension of a Compact beyond 5 years 
        pursuant to paragraph (2), the Board, acting through 
        the Chief Executive Officer, shall--
                  (A) notify the Committee on Foreign Relations 
                of the Senate and the Committee on Foreign 
                Affairs of the House of Representatives of its 
                intent to approve such extension; and
                  (B) provide the committees referred to in 
                subparagraph (A) with a detailed explanation 
                for the determination and approval described in 
                paragraph (2).
    [(k) Subsequent Compacts.--An eligible country and the 
United States may enter into and have in effect only one 
Compact at any given time under this section. An eligible 
country and the United States may enter into one or more 
subsequent Compacts in accordance with the requirements of this 
title after the expiration of the existing Compact.]
  (k) Concurrent and Subsequent Compacts.--
          (1) In general.--Subject to paragraph (2), and in 
        accordance with the requirements of this title, an 
        eligible country and the United States--
                  (A) may enter into and have in effect more 
                than 1 Compact at any given time; and
                  (B) may enter into subsequent Compacts after 
                the expiration of existing Compacts.
          (2) Requirements.--
                  (A) Concurrent compacts.--An eligible country 
                and the United States may not enter into a 
                concurrent Compact unless the Board determines 
                that such country is making considerable and 
                demonstrable progress in implementing the terms 
                of its existing Compact and supplementary 
                agreements to such Compact.
                  (B) Subsequent compacts.--An eligible country 
                and the United States may not enter into a 
                subsequent Compact unless the Board determines 
                that--
                          (i) such country has substantially 
                        met the objectives of prior Compacts 
                        between the country and the United 
                        States and supplementary agreements to 
                        such Compacts; or
                          (ii) the country has demonstrated 
                        sufficient capacity to perform 
                        successfully on the subsequent Compact.

           *       *       *       *       *       *       *


          Department of State Authorization, Fiscal Year 2003


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, producers, and writers in the International 
Broadcasting Bureau to respond to new or emerging broadcast 
needs or to augment broadcast services A personal services 
contractor hired pursuant to this section shall not be 
considered a Federal employee (as defined under section 2105 of 
title 5, United States Code) for any purpose.
    (b) Conditions.--The Director is authorized to use the 
authority of subsection (a) subject to the following 
conditions:
          (1) The Director determines that existing personnel 
        resources are insufficient and the need is not of 
        permanent duration.
          (2) The Director approves each employment of a 
        personal services contractor.
          (3) The contract length, including options, may not 
        exceed 2 years, unless the Director makes a finding 
        that exceptional circumstances justify an extension of 
        up to one additional year.
          (4) Not more than a total of 60 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 under section 5315 of title 5, 
        United States Code.
          (c) Termination of Authority.--The authority to award 
        personal services contracts under [the pilot program 
        authorized by this section] the program shall terminate 
        on December 31, 2006. 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.

           *       *       *       *       *       *       *


Intelligence Reform and Terrorism Prevention Act of 2004 

           *       *       *       *       *       *       *



          Subtitle B--Terrorist Travel and Effective Screening


SEC. 7201. COUNTERTERRORIST TRAVEL INTELLIGENCE.

    (a) Findings.-- * * *

           *       *       *       *       *       *       *

    (c) Frontline Counterterrorist Travel Technology and 
Training.--
          (1) Technology acquisition and dissemination plan.-- 
        Not later than 180 days after the date of enactment of 
        this Act, the Secretary of Homeland Security, in 
        conjunction with the Secretary of State, shall submit 
        to Congress a plan describing how the Department of 
        Homeland Security and the Department of State can 
        acquire and deploy, to the maximum extent feasible, to 
        all consulates, ports of entry, and immigration 
        benefits offices, technologies that facilitate document 
        authentication and the detection of potential terrorist 
        indicators on travel documents. To the extent possible, 
        technologies acquired and deployed under this plan 
        shall be compatible with systems used by the Department 
        of Homeland Security and the Department of State to 
        detect fraudulent documents and identify genuine 
        documents.

           *       *       *       *       *       *       *


SEC. 7209. TRAVEL DOCUMENTS.

    (a) Findings.--Consistent with the report of the National 
Commission on Terrorist Attacks Upon the United States, 
Congress makes the following findings:

           *       *       *       *       *       *       *

    (d) Transit Without VISA Program.--The Secretary of State 
shall not use any authorities granted under section 
212(d)(4)(C) of such Act until [the Secretary, in conjunction 
with the Secretary of Homeland Security] the Secretary of 
Homeland Security, in consultation with the Secretary of State, 
completely implements a security plan to fully ensure secure 
transit passage areas to prevent aliens proceeding in immediate 
and continuous transit through the United States from illegally 
entering the United States.

           *       *       *       *       *       *       *


Violence Against Women and Department of Justice Reauthorization Act of 
2005

           *       *       *       *       *       *       *



SUBTITLE D--INTERNATIONAL MARRIAGE BROKER REGULATION

           *       *       *       *       *       *       *


SEC. 833. DOMESTIC VIOLENCE INFORMATION AND RESOURCES FOR IMMIGRANTS 
                    AND REGULATION OF INTERNATIONAL MARRIAGE BROKERS.

    (a) Information for K Nonimmigrants on Legal Rights and 
Resources for Immigrant Victims of Domestic Violence--
          (1) In general.-- * * *

           *       *       *       *       *       *       *

          (5) Availability and distribution.--The information 
        pamphlet developed under paragraph (1) shall be made 
        available and distributed as follows:
                  (A) Mailings to k nonimmigrant visa 
                applicants
                          (i) The pamphlet shall be mailed by 
                        the Secretary of State to each 
                        applicant for a K nonimmigrant visa at 
                        the same time that the instruction 
                        packet regarding the visa application 
                        process is mailed to such applicant.

           *       *       *       *       *       *       *

                            (iv) Subject to such regulations as 
                        the Secretary of State may prescribe, 
                        mailings required under this subsection 
                        may be transmitted by electronic means 
                        if an applicant consents to electronic 
                        service.

           *       *       *       *       *       *       *


United Nations Participation Act of 1945

           *       *       *       *       *       *       *


    [Sec. 9. The Secretary of State may, under such regulations 
as he shall prescribe, and notwithstanding section 3648 of the 
Revised Statutes (31 U.S.C. 529) and section 5536 of title 5, 
United States Code:
          [(1) Make available to the Representative of the 
        United States to the United Nations and the Deputy 
        Permanent Representative of the United States to the 
        United Nations living quarters leased or rented by the 
        United States (for periods not exceeding ten years) and 
        allowances for unusual expenses incident to the 
        operation and maintenance of such living quarters 
        similar to those and to be considered for all purposes 
        as authorized by section 22 of the Administrative 
        Expenses Act of 1946, as amended by section 311 of the 
        Overseas Differentials and Allowances Act.
          [(2) Make available in New York to no more than 
        foreign service employees of the staff of the United 
        States Mission to the United Nations, other 
        representatives, and no more than two employees who 
        serve at the pleasure of the Representative, living 
        quarters leased or rented by the United States (for 
        periods not exceeding ten years). The number of 
        employees to which such quarters will be made available 
        shall be determined by the Secretary and shall reflect 
        a significant reduction over the number of persons 
        eligible for housing benefits as of the date of 
        enactment of this provision. No employee may occupy a 
        unit under this provision if the unit is owned by the 
        employee. The Secretary shall require that each 
        employee occupying housing under this subsection 
        contribute to the Department of State a percentage of 
        his or her base salary, in an amount to be determined 
        by the Secretary of State toward the cost of such 
        housing. The Secretary may reduce such payments to the 
        extent of income taxes paid on the value of the leased 
        or rented quarters any payments made by employees to 
        the Department of State for occupancy by them of living 
        quarters leased or rented under this section shall be 
        credited to the appropriation, fund, or account 
        utilized by the Secretary of State for such lease or 
        rental or to the appropriation, fund, or account 
        currently available for such purpose.
          [(3) provide such allowance as the Secretary 
        considers appropriate, to each Delegate and Alternate 
        Delegate of the United States to any session of the 
        General Assembly of the United Nations who is not a 
        permanent member of the staff of the United States 
        Mission to the United Nations, in order to compensate 
        each such Delegate or Alternate Delegate for necessary 
        housing and subsistence expenses incurred by him with 
        respect to attending any such session.
          [(4) The Inspector General shall review the program 
        established by this section no later than December 1989 
        and periodically thereafter with a view to increasing 
        cost savings and making other appropriate 
        recommendations.]
  Sec. 9. (a) The Secretary of State, under such regulations as 
the Secretary shall prescribe, and notwithstanding subsections 
(a) and (b) of section 3324 of title 31, United States Code, 
and section 5536 of title 5, United States Code, may--
          (1) make available, to the Permanent Representative 
        of the United States to the United Nations and the 
        Deputy Permanent Representative of the United States to 
        the United Nations--
                  (A) living quarters leased or rented by the 
                United States for a period not longer than 10 
                years; and
                  (B) allowances for unusual expenses incident 
                to the operation and maintenance of such living 
                quarters that are similar to expenses 
                authorized under section 5913 of title 5, 
                United States Code; and
          (2) make available living quarters in New York leased 
        or rented by the United States for--
                  (A) a period not longer than 10 years to 
                other United States representatives to the 
                United Nations and to not more than 2 employees 
                who serve at the pleasure of the Permanent 
                Representative of the United States to the 
                United Nations; and
                  (B) a period not longer than 5 years to not 
                more than 35 members of the Foreign Service 
                assigned to the United States Mission to the 
                United Nations; and
          (3) provide an allowance, as the Secretary considers 
        appropriate, to each Delegate and Alternate Delegate of 
        the United States to any session of the General 
        Assembly of the United Nations who is not a permanent 
        member of the staff of the United States Mission to the 
        United Nations, in order to compensate each such 
        Delegate or Alternate Delegate for necessary housing 
        and subsistence expenses with respect to attending any 
        such session.
  (b) The Secretary of State may not make available living 
quarters or allowances under subsection (a) to an employee who 
is occupying living quarters that are owned by such employee.
  (c) Living quarters and allowances provided under subsection 
(a) shall be considered for all purposes as authorized under--
          (1) chapter 9 of title I of the Foreign Service Act 
        of 1980 (22 U.S.C. 4081 et seq.); and
          (2) section 5913 of title 5, United States Code.
  (d) The Inspector General of the Department of State shall--
          (1) periodically review the administration of this 
        section to achieve cost savings; and
            ``(2) develop appropriate recommendations for the 
        Secretary of State regarding the administration of this 
        section.

           *       *       *       *       *       *       *


               Reconstruction and Stabilization Civilian 
Management Act of 2008

           *       *       *       *       *       *       *



SEC. 1603. DEFINITIONS.

    In this title:
          (1) Administrator.The term ``Administrator'' means 
        the Administrator of the United States Agency for 
        International Development.
          (2) Agency.--The term ``agency'' means any entity 
        included in chapter 1 of title 5, United States Code.
          (3) Appropriate congressional committees.--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.
          (4) Department.--Except as otherwise provided in this 
        title, the term ``Department'' means the Department of 
        State.
          [(5) Personnel.--The term ``personnel'' means 
        individuals serving in any service described in section 
        2101 of title 5, United States Code, other than in the 
        legislative or judicial branch.]
          (5) Personnel.--The term ``personnel'' means--
                  (A) individuals serving in any service 
                described in section 2101 of title 5, United 
                States Code, other than in the legislative or 
                judicial branch;
                  (B) individuals employed by personal services 
                contract, including individuals employed 
                pursuant to--
                          (i) section 2(c) of the State 
                        Department Basic Authorities Act of 
                        1956 (22 U.S.C. 2669(c)); or
                            ii) section 636(a)(3) of the 
                        Foreign Assistance Act of 1961 (22 
                        U.S.C. 2396(a)(3));
                  (C) individuals appointed under section 303 
                of the Foreign Service Act of 1980 (22 U.S.C. 
                3943); and
                  (D) Locally employed staff who are employed 
                by participating agencies.
          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of State.

           *       *       *       *       *       *       *


The Peace Corps Act

           *       *       *       *       *       *       *


    Sec. 3. (a) The President is authorized to carry out 
programs in furtherance of the purposes of this Act, on such 
terms and conditions as he may determine.
    (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.]
          (1) There is authorized to be appropriated 
        $446,150,000 for fiscal year 2011 to carry out the 
        purposes of this chapter.

           *       *       *       *       *       *       *


                 Miscellaneous Appropriations Act, 2001


TITLE II--VIETNAM EDUCATION FOUNDATION ACT OF 2000

           *       *       *       *       *       *       *


SEC. 202. PURPOSES.

    The purposes of this title are the following:
          (1) To establish an international fellowship program 
        under which--
                  (A) Vietnamese nationals can undertake 
                graduate and post-graduate level studies in the 
                sciences (natural, physical, and 
                environmental), mathematics, medicine, and 
                technology (including information technology) 
                in the United States; and
                  (B) United States citizens can teach in the 
                fields specified in subparagraph (A) in 
                academic institutions in Vietnam.
          (2) To further the process of reconciliation between 
        the United States and Vietnam and the building of a 
        bilateral relationship serving the interests of both 
        countries.
          (3) To support the development of 1 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.]
  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. 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. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.

  (a) Establishment.--
          (1) In general.--There shall 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 7 members, of whom--
                  (A) shall be appointed by the Secretary;
                  (B) shall be appointed by the majority leader 
                of the Senate;
                  (C) shall be appointed by the minority leader 
                of the Senate;
                  (D) shall be appointed by the Speaker of the 
                House of Representatives; and
                  (E) 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 
        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 the Foreign 
        Relations Authorization Act, Fiscal Years 2010 and 
        2011.
  (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.

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 18 of the Foundation who [shall be 
appointed] may be appointed by the Board 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,serve the Advisory Committee, and shall carry 
out the functions of the Foundation subject to the supervision 
and direction of the Board. The Executive Director shall carry 
out such other functions consistent with the provisions of this 
title as the Board 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.]
    (b) Professional Staff.--The Executive Director shall hire 
Foundation staff on the basis of professional and nonpartisan 
qualifications.
    (c) Experts and Consultants.--The Executive Director may 
procure temporary and intermittent services of experts and 
consultants as are necessary to the extent authorized by 
section 3109 of title 5, United States Code to carry out the 
purposes of the Foundation.
    (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.

           *       *       *       *       *       *       *


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 limitedto--
          (1) the J. William Fulbright Educational Exchange 
        Program which, by promoting the exchange of scholars, 
        researchers, students, trainees, teachers, instructors, 
        and professors, between the United States and foreign 
        countries, accomplishes the purposes of section 
        102(a)(1) of this Act;

           *       *       *       *       *       *       *

          (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.

           *       *       *       *       *       *       *

    (g) Working Group on United States Government Sponsored 
International Exchanges and Training.-- * * *

           *       *       *       *       *       *       *

  (h) Report on Secondary School Academic Year Exchange 
Programs.--Not later than 90 days after the date of the 
enactment of the Foreign Relations Authorization Act, Fiscal 
Years 2010 and 2011, and annually thereafter, the President 
shall submit a report to the Speaker of the House of 
Representatives and the Chairman of the Committee on Foreign 
Relations of the Senate that describes the performance of the 
secondary school programs for international students of the 
Bureau, including--
          (1) information for each exchange program supported 
        by the United States on the objectives of such 
        exchange;
          (2) the number of exchange participants supported;
          (3) the types of exchange activities conducted;
          (4) the total amount of Federal expenditures for such 
        exchanges;
          (5) the extent to which such exchanges are 
        duplicative;
          (6) the number of sponsor organizations that are 
        designated by the Department of State to run 
        international secondary school exchange programs;
          (7) the types and number of incidents reported to the 
        Bureau's Office of Private Sector Exchange involving an 
        international student;
          (8) the average number of incidents per sponsoring 
        organization that the Office of Private Sector Exchange 
        has been made aware of, including serious problems or 
        controversies such as the death of a student, an 
        accident, an arrest, or reports of sexual abuse;
          (9) the average number of complaints reported to the 
        Office of Private Sector Exchange by a student, host 
        family, natural parent, or an interested citizen 
        regarding the performance by a sponsor of its 
        responsibilities in the conduct of its designated 
        exchange visitor program as set forth in the Exchange 
        Visitor Program Regulations;
          (10) the number of visa designation compliance 
        auditing site visits made by United States Government 
        officials to sponsoring organizations running or 
        participating in international exchange programs, 
        excluding routine contacts between staff and officials 
        of the Bureau and sponsoring organizations as part of 
        program management activities;
          (11) an analysis of the satisfaction of international 
        secondary school academic year participants with their 
        program experience;
          (12) the average cost per international secondary 
        school academic year participant;
          (13) the numbers of hours program staff members and 
        volunteers of the exchange program designated 
        organizations are trained in secondary school academic 
        year youth exchange oversight and monitoring and J-visa 
        compliance, and by what type of resource; and
          (14) an analysis of best practices in the areas of 
        recruitment and selection of host parents, program 
        management of sponsor organizations, and other related 
        issues used to run these international exchange 
        programs.

           *       *       *       *       *       *       *


                             5 U.S.C. 5753


             Title 5--Government Organization and Employees


SEC. 5753. RECRUITMENT AND RELOCATION BONUSES

    (a)(1) This section may be applied to--

           *       *       *       *       *       *       *

    (2) A bonus may not be paid under this section to an 
individual who is appointed to or who holds--
          (A) a position to which an individual is appointed by 
        the President, by and with the advice and consent of 
        the Senate, excluding members of the Foreign Service 
        other than chiefs of mission, ambassadors at large, and 
        other members of the Foreign Service subject to 
        examinations under section 302(b) of the Foreign 
        Service Act of 1980 (22 U.S.C. 3941(b));

           *       *       *       *       *       *       *


SEC. 5754. RETENTION BONUSES.

    (a)(1) This section may be applied to--
          (A) employees covered by the General Schedule pay 
        system established under subchapter III of chapter 53; 
        and
          (B) employees in a category approved by the Office of 
        Personnel Management at the request of the head of an 
        Executive agency.
    (2) A bonus may not be paid under this section to an 
individual who is appointed to or who holds--
          (A) a position to which an individual is appointed by 
        the President, by and with the advice and consent of 
        the Senate, excluding members of the Foreign Service 
        other than chiefs of mission, ambassadors at large, and 
        other members of the Foreign Service subject to 
        examinations under section 302(b) of the Foreign 
        Service Act of 1980 (22 U.S.C. 3941(b));

           *       *       *       *       *       *       *


                             18 U.S.C. 3486


TITLE 18--CRIMES AND CRIMINAL PROCEDURE

           *       *       *       *       *       *       *



CHAPTER 75--PASSPORTS AND VISAS

           *       *       *       *       *       *       *


SEC. 1540. MEANING OF ``USE'' AND ``USES'

  For purposes of this chapter, the terms ``use'' and ``uses'' 
shall be given their plain meaning, including use for 
identification purposes.

SEC. 1541. ISSUANCE WITHOUT AUTHORITY

           *       *       *       *       *       *       *


                  CHAPTER 223--WITNESSES AND EVIDENCE

SEC. 3486. ADMINISTRATIVE SUBPOENAS.

    (a) Authorization.--(1)(A) In any investigation [of] to--
          (i)(I) a Federal health care offense; or
          (II) a Federal offense involving the sexual 
        exploitation or abuse of children, the Attorney 
        General; [or]
          (ii) an offense under section 871 or 879, or a threat 
        against a person protected by the United States Secret 
        Service under paragraph (5) or (6) of section 3056, if 
        the Director of the Secret Service determines that the 
        threat constituting the offense or the threat against 
        the person protected is imminent, the Secretary of the 
        Treasury, may issue in writing and cause to be served a 
        subpoena requiring the production and testimony 
        described in subparagraph (B)[.] ;
          (iii) an offense under section 878, or a threat 
        against a person, foreign mission or organization 
        authorized to receive protection by special agents of 
        the Department of State and the Foreign Service under 
        section 37(a)(3) of the State Department Basic 
        Authorities Act of 1956 (22 U.S.C. 2709(a)(3)) if the 
        Assistant Secretary for Diplomatic Security or the 
        Director of the Diplomatic Security Service determines 
        that the threat constituting the offense or threat 
        against the person or place protected is imminent, the 
        Secretary of State; or
          (iv) an offense under chapter 75, the Secretary of 
        State,

           *       *       *       *       *       *       *

    [(9) A subpoena issued under paragraph (1)(A)(i)(II) or 
(1)(A)(ii) may require production as soon as possible, but in 
no event less than 24 hours after service of the subpoena. (10) 
As soon as practicable following the issuance of a subpoena 
under paragraph (1)(A)(ii), the Secretary of the Treasury shall 
notify the Attorney General of its issuance.]
  (9) A subpoena issued under clause (i)(II), (ii), (iii), or 
(iv) of paragraph (1)(A) may require production as soon as 
possible, but in no event less than 24 hours after service of 
the subpoena.

           *       *       *       *       *       *       *

    (10) As soon as practicable following the issuance of a 
subpoena under paragraph (1)(A)(ii), the Secretary of the 
Treasury shall notify the Attorney General of its issuance.

           *       *       *       *       *       *       *

  (11) As soon as practicable following the issuance of a 
subpoena under paragraph (1)(A)(iii), the Secretary of State 
shall notify the Attorney General of such issuance.

           *       *       *       *       *       *       *

    (e) Limitation on Use.--(1) Health information about an 
individual that is disclosed under this section may not be used 
in, or disclosed to any person for use in, any administrative, 
civil, or criminal action or investigation directed against the 
individual who is the subject of the information unless the 
action or investigation arises out of and is directly related 
to receipt of health care or payment for health care or action 
involving a fraudulent claim related to health; or if 
authorized by an appropriate order of a court of competent 
jurisdiction, granted after application showing good cause 
therefor. This subsection shall only apply to administrative 
subpoenas issued under subsection (a)(1)(A)(i).

           *       *       *       *       *       *       *


31 U.S.C. 1344

           *       *       *       *       *       *       *



SEC. 1344. PASSENGER CARRIER USE

           *       *       *       *       *       *       *


    (b) A passenger carrier may be used to transport between 
residence and place of employment the following officers and 
employees of Federal agencies:
          (1)(A) the President and the Vice President;

           *       *       *       *       *       *       *

          (4) the Deputy Secretary of State, the Deputy 
        Secretary of State for Management and Resources, 
        principal diplomatic and consular officials abroad, and 
        the United States Ambassador to the United Nations;

           *       *       *       *       *       *       *



                                    

      
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