IB 

Union Calendar No. 69 

111TH CONGRESS 

1ST SESSION H. R. 2410 

[Report No. 111–136] 

To authorize appropriations for the Department of State and the Peace 

Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2009 

Mr. BERMAN introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

JUNE 4, 2009 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on May 14, 2009] 

A BILL 

To authorize appropriations for the Department of State 

and the Peace Corps for fiscal years 2010 and 2011, 

to modernize the Foreign Service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Foreign Relations Au3 thorization Act, Fiscal Years 2010 and 2011’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Appropriate congressional committees defined. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Administration of Foreign Affairs. 

Sec. 102. International organizations. 

Sec. 103. International commissions. 

Sec. 104. Migration and refugee assistance. 

Sec. 105. Centers and foundations. 

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 

Subtitle A—Basic Authorities and Activities 

Sec. 201. International Litigation Fund. 

Sec. 202. Actuarial valuations. 

Sec. 203. Special agents. 

Sec. 204. Repatriation loans. 

Subtitle B—Public Diplomacy at the Department of State 

Sec. 211. Concentration of public diplomacy responsibilities. 

Sec. 212. Establishment of Public Diplomacy Reserve Corps. 

Sec. 213. Enhancing United States public diplomacy outreach. 

Sec. 214. Public diplomacy resource centers. 

Sec. 215. Grants for international documentary exchange programs. 

Sec. 216. United States Advisory Commission on Public Diplomacy. 

Sec. 217. Special Olympics. 

Sec. 218. Extension of program to provide grants to American-sponsored schools 

in predominantly Muslim countries to provide scholarships. 

Sec. 219. Central Asia scholarship program for public policy internships. 

Sec. 220. United States-South Pacific Scholarship Program. 

Sec. 221. Scholarships for indigenous peoples of Mexico and Central and South 

America. 

Sec. 222. United States-Caribbean Educational Exchange Program. 

Sec. 223. Exchanges between Sri Lanka and the United States to promote dialogue among minority groups in Sri Lanka. 

Sec. 224. Exchanges between Liberia and the United States for women legislators. 

Sec. 225. Public diplomacy plan for Haiti. 

Sec. 226. Transfer of the Vietnam Education Foundation to the Department of 

State. 

Subtitle C—Consular Services and Related Matters 

Sec. 231. Permanent authority to assess passport surcharge. 


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Sec. 232. Sense of Congress regarding additional consular services in Moldova. 

Sec. 233. Reforming refugee processing. 

Sec. 234. English language and cultural awareness training for approved refugee 

applicants. 

Sec. 235. Iraqi refugees and internally displaced persons. 

Sec. 236. Videoconference interviews. 

Sec. 237. Tibet. 

Sec. 238. Processing of certain visa applications. 

Subtitle D—Strengthening Arms Control and Nonproliferation Activities at the 

Department of State 

Sec. 241. Findings and sense of Congress on the need to strengthen United States 

arms control and nonproliferation capabilities. 

Sec. 242. Authorization of additional arms control and nonproliferation positions. 

Sec. 243. Additional authority of the Secretary of State. 

Sec. 244. Additional flexibility for rightsizing arms control and nonproliferation 

functions. 

Sec. 245. Arms control and nonproliferation rotation program. 

Sec. 246. Arms control and nonproliferation scholarship program. 

Sec. 247. Scientific advisory committee. 

TITLE III—ORGANIZATION AND PERSONNEL AUTHORITIES 

Subtitle A—Towards Modernizing the Department of State 

Sec. 301. Towards a more modern and expeditionary Foreign Service. 

Sec. 302. Quadrennial review of diplomacy and development. 

Sec. 303. Establishment of the Lessons Learned Center. 

Sec. 304. Locally employed staff compensation. 

Subtitle B—Foreign Service Pay Equity and Death Gratuity 

Sec. 311. Short title. 

Sec. 312. Overseas comparability pay adjustment. 

Sec. 313. Death gratuity. 

Subtitle C—Other Organization and Personnel Matters 

Sec. 321. Transatlantic diplomatic fellowship program. 

Sec. 322. Security officers exchange program. 

Sec. 323. Suspension of Foreign Service members without pay. 

Sec. 324. Repeal of recertification requirement for Senior Foreign Service. 

Sec. 325. Limited appointments in the Foreign Service. 

Sec. 326. Compensatory time off for travel. 

Sec. 327. Reemployment of Foreign Service annuitants. 

Sec. 328. Personal services contractors. 

Sec. 329. Protection of intellectual property rights. 

Sec. 330. Department of State employment composition. 

Sec. 331. Contracting. 

Sec. 332. Legislative liaison office of the Department of State. 

Sec. 333. Discrimination related to sexual orientation. 

Sec. 334. Office for Global Women’s Issues. 


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TITLE IV—INTERNATIONAL ORGANIZATIONS 

Subtitle A—International Leadership 

Sec. 401. Short title. 

Sec. 402. Promoting assignments to international organizations. 

Sec. 403. Implementation and establishment of office on multilateral negotiations. 

Sec. 404. Synchronization of United States contributions to international organizations. 

Sec. 405. United States arrearages to the United Nations. 

Subtitle B—General Provisions 

Sec. 411. Organization of American States. 

Sec. 412. Peacekeeping operations contributions. 

Sec. 413. Pacific Islands Forum. 

Sec. 414. Review of activities of international commissions. 

Sec. 415. Enhancing nuclear safeguards. 

Sec. 416. Implementation of recommendations of Commission on the Prevention 

of Weapons of Mass Destruction Proliferation and Terrorism. 

Sec. 417. Asia-Pacific Economic Cooperation. 

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING 

Sec. 501. Authorization of appropriations for international broadcasting. 

Sec. 502. Personal services contracting program. 

Sec. 503. Radio Free Europe/Radio Liberty pay parity. 

Sec. 504. Employment for international broadcasting. 

Sec. 505. Domestic release of the Voice of America film entitled ‘‘A Fateful Harvest’’. 

Sec. 506. Establishing permanent authority for Radio Free Asia. 

TITLE VI—PEACE CORPS 

Sec. 601. Findings; statement of policy. 

Sec. 602. Amendments to the Peace Corps Act. 

Sec. 603. Report. 

TITLE VII—SENATOR PAUL SIMON STUDY ABROAD FOUNDATION 

ACT OF 2009 

Sec. 701. Short title. 

Sec. 702. Findings. 

Sec. 703. Purposes. 

Sec. 704. Definitions. 

Sec. 705. Establishment and management of the Senator Paul Simon Study 

Abroad Foundation. 

Sec. 706. Establishment and operation of program. 

Sec. 707. Annual report. 

Sec. 708. Powers of the Foundation; related provisions. 

Sec. 709. General personnel authorities. 

Sec. 710. GAO review. 

Sec. 711. Authorization of appropriations. 


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TITLE VIII—EXPORT CONTROL REFORM AND SECURITY 

ASSISTANCE 

Subtitle A—Defense Trade Controls Performance Improvement Act of 2009 

Sec. 801. Short title. 

Sec. 802. Findings. 

Sec. 803. Strategic review and assessment of the United States export controls 

system. 

Sec. 804. Performance goals for processing of applications for licenses to export 

items on United States Munitions List. 

Sec. 805. Requirement to ensure adequate staff and resources for the Directorate 

of Defense Trade Controls of the Department of State. 

Sec. 806. Audit by Inspector General of the Department of State. 

Sec. 807. Increased flexibility for use of defense trade controls registration fees. 

Sec. 808. Review of International Traffic in Arms Regulations and United States 

Munitions List. 

Sec. 809. Special licensing authorization for certain exports to NATO member 

states, Australia, Japan, New Zealand, Israel, and South Korea. 

Sec. 810. Availability of information on the status of license applications under 

chapter 3 of the Arms Export Control Act. 

Sec. 811. Sense of Congress. 

Sec. 812. Definitions. 

Sec. 813. Authorization of appropriations. 

Subtitle B—Provisions Relating to Export Licenses 

Sec. 821. Availability to Congress of Presidential directives regarding United 

States arms export policies, practices, and regulations. 

Sec. 822. Increase in value of defense articles and services for congressional review and expediting congressional review for Israel. 

Sec. 823. Diplomatic efforts to strengthen national and international arms export 

controls. 

Sec. 824. Reporting requirement for unlicensed exports. 

Sec. 825. Report on value of major defense equipment and defense articles exported under section 38 of the Arms Export Control Act. 

Sec. 826. Authority to remove satellites and related components from the United 

States Munitions List. 

Sec. 827. Review and report of investigations of violations of section 3 of the 

Arms Export Control Act. 

Sec. 828. Report on self-financing options for export licensing functions of DDTC 

of the Department of State. 

Sec. 829. Clarification of certification requirement relating to Israel’s qualitative 

military edge. 

Sec. 830. Expediting congressional defense export review period for Israel. 

Sec. 831. Updating and conforming penalties for violations of sections 38 and 39 

of the Arms Export Control Act. 

Subtitle C—Miscellaneous Provisions 

Sec. 841. Authority to build the capacity of foreign military forces. 

Sec. 842. Foreign Military Sales Stockpile Fund. 

Sec. 843. Annual estimate and justification for Foreign Military Sales program. 

Sec. 844. Sense of Congress on the global arms trade. 

Sec. 845. Report on United States’ commitments to the security of Israel. 

Sec. 846. War Reserves Stockpile. 


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Sec. 847. Excess defense articles for Central and South European countries and 

certain other countries. 

Sec. 848. Support to Israel for missile defense. 

TITLE IX—ACTIONS TO ENHANCE THE MERIDA INITIATIVE 

Subtitle A—General Provisions 

Sec. 901. Coordinator of United States Government activities to implement the 

Merida Initiative. 

Sec. 902. Adding the Caribbean to the Merida Initiative. 

Sec. 903. Merida Initiative monitoring and evaluation mechanism. 

Sec. 904. Merida Initiative defined. 

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

Sec. 911. Task force on the prevention of illicit small arms trafficking in the 

Western Hemisphere. 

Sec. 912. Increase in penalties for illicit trafficking in small arms and light 

weapons to countries in the Western Hemisphere. 

Sec. 913. Department of State rewards program. 

Sec. 914. Statement of Congress supporting United States ratification of CIFTA. 

TITLE X—REPORTING REQUIREMENTS 

Sec. 1001. Assessment of Special Court for Sierra Leone. 

Sec. 1002. Report on United States capacities to prevent genocide and mass 

atrocities. 

Sec. 1003. Reports relating to programs to encourage good governance. 

Sec. 1004. Reports on Hong Kong. 

Sec. 1005. Democracy in Georgia. 

Sec. 1006. Diplomatic relations with Israel. 

Sec. 1007. Police training report. 

Sec. 1008. Reports on humanitarian assistance in Gaza. 

Sec. 1009. Report on activities in Haiti. 

Sec. 1010. Report on religious minority communities in the Middle East. 

Sec. 1011. Iran’s influence in the Western Hemisphere. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Subtitle A—General Provisions 

Sec. 1101. Bilateral commission with Nigeria. 

Sec. 1102. Authorities relating to the Southern Africa Enterprise Development 

Fund. 

Sec. 1103. Diabetes treatment and prevention and safe water and sanitation for 

Pacific Island countries. 

Sec. 1104. Statelessness. 

Sec. 1105. Statement of Policy Regarding the Ecumenical Patriarchate. 

Sec. 1106. Limitation on assistance for weather cooperation activities to countries 

in the Americas. 

Sec. 1107. Statement of Congress regarding Afghan women. 

Sec. 1108. Global Peace Operations Initiative programs and activities. 

Sec. 1109. Freedom of the press. 

Sec. 1110. Information for Country Commercial Guides on business and investment climates. 

Sec. 1111. International protection of girls by preventing child marriage. 


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Sec. 1112. Statement of Congress regarding return of portraits of Holocaust victims to artist Dina Babbitt. 

Sec. 1113. Statement of policy regarding Somalia. 

Subtitle B—Sense of Congress Provisions 

Sec. 1121. Promoting democracy and human rights in Belarus. 

Sec. 1122. Sense of Congress on the humanitarian situation in Sri Lanka. 

Sec. 1123. West Papua. 

Sec. 1124. Sense of Congress relating to Soviet nuclear tests and Kazakhstan’s 

commitment to nonproliferation. 

Sec. 1125. Sense of Congress on Holocaust-era property restitution and compensation. 

Sec. 1126. Efforts to secure the freedom of Gilad Shalit. 

Sec. 1127. Sense of Congress relating to Sudan. 

Sec. 1128. Sense of Congress on restrictions on religious freedom in Vietnam. 

1 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 Except as otherwise provided in this Act, the term ‘‘ap4 propriate congressional committees’’ means the Committee 

5 on Foreign Affairs of the House of Representatives and the 

6 Committee on Foreign Relations of the Senate. 

7 TITLE I—AUTHORIZATION OF 

8 APPROPRIATIONS 

9 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

10 The following amounts are authorized to be appro11 priated for the Department of State under ‘‘Administration 

12 of Foreign Affairs’’ to carry out the authorities, functions, 

13 duties, and responsibilities in the conduct of foreign affairs 

14 of the United States, and for other purposes authorized by 

15 law: 

16 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

17 (A) AUTHORIZATION OF APPROPRIA18 TIONS.—For ‘‘Diplomatic and Consular ProVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 grams’’ $7,312,016,000 for fiscal year 2010, and 

2 such sums as may be necessary for fiscal year 

3 2011. 

4 (B) WORLDWIDE SECURITY PROTECTION.— 

5 In addition to the amounts authorized to be ap6 propriated by subparagraph (A), $1,648,000,000 

7 for fiscal year 2010, and such sums as may be 

8 necessary for fiscal year 2011 are authorized to 

9 be appropriated for worldwide security protec10 tion. 

11 (C) PUBLIC DIPLOMACY.—Of the amounts 

12 authorized to be appropriated under subpara13 graph (A), $500,278,000 for fiscal year 2010, 

14 and such sums as may be necessary for fiscal 

15 year 2011 are authorized to be appropriated for 

16 pubic diplomacy. 

17 (D) BUREAU OF DEMOCRACY, HUMAN

18 RIGHTS, AND LABOR.—Of the amounts author19 ized to be appropriated under subparagraph (A), 

20 $20,659,000 for fiscal year 2010, and such sums 

21 as may be necessary for fiscal year 2011 are au22 thorized to be appropriated for the Bureau of De23 mocracy, Human Rights, and Labor. 

24 (2) CAPITAL INVESTMENT FUND.—For ‘‘Capital 

25 Investment Fund’’, $160,000,000 for fiscal year 2010, 


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1 and such sums as may be necessary for fiscal year 

2 2011. 

3 (3) EMBASSY SECURITY, CONSTRUCTION AND

4 MAINTENANCE.—For ‘‘Embassy Security, Construc5 tion and Maintenance’’, $1,815,050,000 for fiscal year 

6 2010, and such sums as may be necessary for fiscal 

7 year 2011. 

8 (4) EDUCATIONAL AND CULTURAL EXCHANGE

9 PROGRAMS.— 

10 (A) AUTHORIZATION OF APPROPRIA11 TIONS.—For ‘‘Educational and Cultural Ex12 change Programs’’, $633,243,000 for fiscal year 

13 2010, and such sums as may be necessary for fis14 cal year 2011. 

15 (B) TIBETAN SCHOLARSHIP PROGRAM.—Of 

16 the amounts authorized to be appropriated under 

17 subparagraph (A), $750,000 for fiscal year 2010 

18 and $800,000 for fiscal year 2011 are authorized 

19 to be appropriated to carry out the Tibetan 

20 scholarship program established under section 

21 103(b)(1) of the Human Rights, Refugee, and 

22 Other Foreign Relations Provisions Act of 1996 

23 (Public Law 104–319; 22 U.S.C. 2151 note). 

24 (C) NGAWANG CHOEPEL EXCHANGE PRO25 GRAMS.—Of the amounts authorized to be approVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 priated under subparagraph (A), such sums as 

2 may be necessary are authorized to be appro3 priated for each of fiscal years 2010 and 2011 

4 for the ‘‘Ngawang Choepel Exchange Programs’’ 

5 (formerly known as ‘‘programs of educational 

6 and cultural exchange between the United States 

7 and the people of Tibet’’) under section 103(a) of 

8 the Human Rights, Refugee, and Other Foreign 

9 Relations Provisions Act of 1996 (Public Law 

10 104–319; 22 U.S.C. 2151 note). 

11 (5) CIVILIAN STABILIZATION INITIATIVE.—For 

12 ‘‘Civilian Stabilization Initiative’’, $323,272,000 for 

13 fiscal year 2010, and such sums as may be necessary 

14 for fiscal year 2011. 

15 (6) REPRESENTATION ALLOWANCES.—For ‘‘Rep16 resentation Allowances’’, $8,175,000 for fiscal year 

17 2010, and such sums as may be necessary for fiscal 

18 year 2011. 

19 (7) PROTECTION OF FOREIGN MISSIONS AND OF20 FICIALS.— 

21 (A) AUTHORIZATION OF APPROPRIA22 TIONS.—For Protection of Foreign Missions and 

23 Officials, $27,159,000 for fiscal year 2010, and 

24 such sums as may be necessary for fiscal year 

25 2011. 


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1 (B) REIMBURSEMENT FOR PAST EXPENSES

2 OWED BY THE UNITED STATES.—In addition to 

3 the amounts authorized to be appropriated under 

4 subparagraph (A), there are authorized to be ap5 propriated $21,000,000 for fiscal year 2010 and 

6 $25,000,000 for fiscal year 2011 for ‘‘Protection 

7 of Foreign Missions and Officials’’ to be used 

8 only to reimburse State and local governments 

9 for necessary expenses incurred since 1998 for 

10 the protection of foreign missions and officials 

11 and recognized by the United States. 

12 (8) EMERGENCIES IN THE DIPLOMATIC AND CON13 SULAR SERVICE.—For ‘‘Emergencies in the Diplo14 matic and Consular Service’’, $10,000,000 for fiscal 

15 year 2010, and such sums as may be necessary for fis16 cal year 2011. 

17 (9) REPATRIATION LOANS.—For ‘‘Repatriation 

18 Loans’’, $1,450,000 for fiscal year 2010, and such 

19 sums as may be necessary for fiscal year 2011. 

20 (10) PAYMENT TO THE AMERICAN INSTITUTE IN

21 TAIWAN.—For ‘‘Payment to the American Institute in 

22 Taiwan’’, $21,174,000 for fiscal year 2010, and such 

23 sums as may be necessary for fiscal year 2011. 

24 (11) OFFICE OF THE INSPECTOR GENERAL.— 


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1 (A) AUTHORIZATION OF APPROPRIA2 TIONS.—For ‘‘Office of the Inspector General’’, 

3 $100,000,000 for fiscal year 2010, and such sums 

4 as may be necessary for fiscal year 2011. 

5 (B) SPECIAL INSPECTOR GENERAL FOR

6 IRAQ RECONSTRUCTION.—Of the amounts au7 thorized to be appropriated under subparagraph 

8 (A), $30,000,000 is authorized to be for the Spe9 cial Inspector General for Iraq Reconstruction. 

10 (C) SPECIAL INSPECTOR GENERAL FOR AF11 GHANISTAN RECONSTRUCTION.—Of the amounts 

12 authorized to be appropriated under subpara13 graph (A), $23,000,000 is authorized to be for 

14 the Special Inspector General for Afghanistan 

15 Reconstruction. 

16 SEC. 102. INTERNATIONAL ORGANIZATIONS. 

17 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

18 ORGANIZATIONS.—There are authorized to be appropriated 

19 for ‘‘Contributions to International Organizations’’, 

20 $1,797,000,000 for fiscal year 2010, and such sums as may 

21 be necessary for fiscal year 2011, for the Department of 

22 State to carry out the authorities, functions, duties, and 

23 responsibilities in the conduct of the foreign affairs of the 

24 United States with respect to international organizations 


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1 and to carry out other authorities in law consistent with 

2 such purposes. 

3 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE4 KEEPING ACTIVITIES.—There are authorized to be appro5 priated for ‘‘Contributions for International Peacekeeping 

6 Activities’’, $2,260,000,000 for fiscal year 2010, and such 

7 sums as may be necessary for fiscal year 2011, for the De8 partment of State to carry out the authorities, functions, 

9 duties, and responsibilities of the United States with respect 

10 to international peacekeeping activities and to carry out 

11 other authorities in law consistent with such purposes. 

12 (c) FOREIGN CURRENCY EXCHANGE RATES.—In addi13 tion to amounts authorized to be appropriated by subsection 

14 (a), there are authorized to be appropriated such sums as 

15 may be necessary for each of fiscal years 2010 and 2011 

16 to offset adverse fluctuations in foreign currency exchange 

17 rates. Amounts appropriated under this subsection shall be 

18 available for obligation and expenditure only to the extent 

19 that the Director of the Office of Management and Budget 

20 determines and certifies to Congress that such amounts are 

21 necessary due to such fluctuations. 

22 SEC. 103. INTERNATIONAL COMMISSIONS. 

23 The following amounts are authorized to be appro24 priated under ‘‘International Commissions’’ for the Depart25 ment of State to carry out the authorities, functions, duties, 


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1 and responsibilities in the conduct of the foreign affairs of 

2 the United States and for other purposes authorized by law: 

3 (1) INTERNATIONAL BOUNDARY AND WATER COM4 MISSION, UNITED STATES AND MEXICO.—For ‘‘Inter5 national Boundary and Water Commission, United 

6 States and Mexico’’— 

7 (A) for ‘‘Salaries and Expenses’’, 

8 $33,000,000 for fiscal year 2010, and such sums 

9 as may be necessary for fiscal year 2011; and 

10 (B) for ‘‘Construction’’, $43,250,000 for fis11 cal year 2010, and such sums as may be nec12 essary for fiscal year 2011. 

13 (2) INTERNATIONAL BOUNDARY COMMISSION, 

14 UNITED STATES AND CANADA.—For ‘‘International 

15 Boundary Commission, United States and Canada’’, 

16 $2,385,000 for fiscal year 2010, and such sums as 

17 may be necessary for fiscal year 2011. 

18 (3) INTERNATIONAL JOINT COMMISSION.—For 

19 ‘‘International Joint Commission’’, $7,974,000 for fis20 cal year 2010, and such sums as may be necessary for 

21 fiscal year 2011. 

22 (4) INTERNATIONAL FISHERIES COMMISSIONS.— 

23 For ‘‘International Fisheries Commissions’’, 

24 $43,576,000 for fiscal year 2010, and such sums as 

25 may be necessary for fiscal year 2011. 


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1 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.—There are 

3 authorized to be appropriated for ‘‘Migration and Refugee 

4 Assistance’’ for authorized activities $1,577,500,000 for fis5 cal year 2010, and such sums as may be necessary for fiscal 

6 year 2011. 

7 (b) REFUGEE RESETTLEMENT IN ISRAEL.—Of the 

8 amounts authorized to be appropriated by subsection (a), 

9 there are authorized to be appropriated $25,000,000 for fis10 cal years 2010 and such sums as may be necessary for fiscal 

11 year 2011 for resettlement of refugees in Israel. 

12 SEC. 105. CENTERS AND FOUNDATIONS. 

13 (a) ASIA FOUNDATION.—There are authorized to be 

14 appropriated for ‘‘The Asia Foundation’’ for authorized ac15 tivities, $20,000,000 for fiscal year 2010, and $23,000,000 

16 for fiscal year 2011. 

17 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.—There 

18 are authorized to be appropriated for the ‘‘National Endow19 ment for Democracy’’ for authorized activities, 

20 $100,000,000 for fiscal year 2010, and such sums as may 

21 be necessary for fiscal year 2011. 

22 (c) CENTER FOR CULTURAL AND TECHNICAL INTER23 CHANGE BETWEEN EAST AND WEST.—There are authorized 

24 to be appropriated for the ‘‘Center for Cultural and Tech25 nical Interchange Between East and West’’ for authorized 


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1 activities, such sums as may be necessary for each of fiscal 

2 years 2010 and 2011. 

3 TITLE II—DEPARTMENT OF 

4 STATE AUTHORITIES AND AC5 TIVITIES 

6 Subtitle A—Basic Authorities and 

7 Activities 

8 SEC. 201. INTERNATIONAL LITIGATION FUND. 

9 Section 38(d)(3) of the State Department Basic Au10 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended by 

11 striking ‘‘by the Department of State from another agency 

12 of the United States Government or pursuant to’’ and in13 serting ‘‘by the Department of State as a result of a decision 

14 of an international tribunal, from another agency of the 

15 United States Government, or pursuant to’’. 

16 SEC. 202. ACTUARIAL VALUATIONS. 

17 The Foreign Service Act of 1980 is amended— 

18 (1) in section 818 (22 U.S.C. 4058)— 

19 (A) in the first sentence, by striking ‘‘Sec20 retary of the Treasury’’ and inserting ‘‘Secretary 

21 of State’’; and 

22 (B) by amending the second sentence to 

23 read as follows: ‘‘The Secretary of State is au24 thorized to expend from money to the credit of 

25 the Fund such sums as may be necessary to adVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 minister the provisions of this chapter, including 

2 actuarial advice, but only to the extent and in 

3 such amounts as are provided in advance in ap4 propriations acts.’’; 

5 (2) in section 819 (22 U.S.C. 4059), in the first 

6 sentence, by striking ‘‘Secretary of the Treasury’’ the 

7 second place it appears and inserting ‘‘Secretary of 

8 State’’; 

9 (3) in section 825(b) (22 U.S.C. 4065(b)), by 

10 striking ‘‘Secretary of the Treasury’’ and inserting 

11 ‘‘Secretary of State’’; and 

12 (4) section 859(c) (22 U.S.C. 4071h(c))— 

13 (A) by striking ‘‘Secretary of the Treasury’’ 

14 and inserting ‘‘Secretary of State’’; and 

15 (B) by striking ‘‘and shall advise the Sec16 retary of State of’’ and inserting ‘‘that will pro17 vide’’. 

18 SEC. 203. SPECIAL AGENTS. 

19 (a) IN GENERAL.—Paragraph (1) of section 37(a) of 

20 the State Department Basic Authorities Act of 1956 (22 

21 U.S.C. 2709(a)) is amended to read as follows: 

22 ‘‘(1) conduct investigations concerning— 

23 ‘‘(A) illegal passport or visa issuance or 

24 use; 


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1 ‘‘(B) identity theft or document fraud af2 fecting or relating to the programs, functions, 

3 and authorities of the Department of State; and 

4 ‘‘(C) Federal offenses committed within the 

5 special maritime and territorial jurisdiction of 

6 the United States as defined in paragraph (9) of 

7 section 7 of title 18, United States Code, except 

8 as that jurisdiction relates to the premises of 

9 United States military missions and related resi10 dences;’’. 

11 (b) RULE OF CONSTRUCTION.—Nothing in paragraph 

12 (1) of such section 37(a) (as amended by subsection (a) of 

13 this section) shall be construed to limit the investigative au14 thority of any other Federal department or agency. 

15 SEC. 204. REPATRIATION LOANS. 

16 Section 4 of the State Department Basic Authorities 

17 Act of 1956 (22 U.S.C. 2671) is amended by adding at the 

18 end the following new subsection: 

19 ‘‘(e) Under such regulations as the Secretary of State 

20 may prescribe, and in such amounts as are appropriated 

21 in advance, the Secretary is authorized to waive in whole 

22 or part the recovery of a repatriation loan under subsection 

23 (d) if it is shown that such recovery would be against equity 

24 and good conscience or against the public interest.’’. 


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1 Subtitle B—Public Diplomacy at 

2 the Department of State 

3 SEC. 211. CONCENTRATION OF PUBLIC DIPLOMACY RE4 SPONSIBILITIES. 

5 Section 60 of the State Department Basic Authorities 

6 Act of 1956 (22 U.S.C. 2732) is amended— 

7 (1) in subsection (b)(1), by inserting ‘‘in accord8 ance with subsection (e),’’ before ‘‘coordinate’’; and 

9 (2) by adding at the end the following new sub10 section: 

11 ‘‘(e) CONCENTRATION OF PUBLIC DIPLOMACY RESPON12 SIBILITIES.— 

13 ‘‘(1) IN GENERAL.—The Secretary of State shall, 

14 subject to the direction of the President, have primary 

15 responsibility for the coordination described in sub16 section (b)(1), and shall make every effort to establish 

17 and present to foreign publics unified United States 

18 public diplomacy activities. 

19 ‘‘(2) QUARTERLY MEETINGS AND ONGOING CON20 SULTATIONS AND COORDINATION.— 

21 ‘‘(A) IN GENERAL.—The Secretary shall, 

22 subject to the direction of the President, establish 

23 a working group of the heads of the Federal 

24 agencies referred to in subsection (b)(1) and 

25 should seek to convene such group not less often 


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1 than once every three months to carry out the re2 quirement specified in paragraph (1) of this sub3 section. 

4 ‘‘(B) CHAIR AND ROTATING VICE CHAIR.— 

5 The Secretary shall serve as the permanent chair 

6 of the quarterly meetings required under sub7 paragraph (A). Each head of a Federal agency 

8 referred to in subsection (b)(1) shall serve on a 

9 rotating basis as the vice chair of each such 

10 quarterly meeting. 

11 ‘‘(C) INITIAL MEETING.—The initial meet12 ing of the working group established under sub13 paragraph (A) shall be not later than the date 

14 that is six months after the date of the enactment 

15 of this subsection. 

16 ‘‘(D) ONGOING CONSULTATIONS AND CO17 ORDINATION.—The Secretary and each head of 

18 the Federal agencies referred to in subsection 

19 (b)(1) shall designate a representative of each re20 spective agency to consult and coordinate with 

21 such other representatives on an ongoing basis 

22 beginning not later than 30 days after the initial 

23 meeting of the working group under subpara24 graph (C) to carry out the requirement specified 

25 in paragraph (1) of this subsection. The designee 


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1 of the Secretary shall have primary responsi2 bility for such ongoing consultations and coordi3 nation. 

4 ‘‘(3) REPORTS REQUIRED.— 

5 ‘‘(A) IN GENERAL.—Except as provided in 

6 subparagraph (D), each head of a Federal agen7 cy referred to in subsection (b)(1) shall annually 

8 submit to the President a report on the public 

9 diplomacy activities of each such agency in the 

10 preceding year. 

11 ‘‘(B) INFORMATION SHARING.—The Presi12 dent shall make available to the Secretary the re13 ports submitted pursuant to subparagraph (A). 

14 ‘‘(C) INITIAL SUBMISSIONS.—The first an15 nual reports required under subparagraph (A) 

16 shall be submitted not later than the date that is 

17 one year after the date of the enactment of this 

18 subsection. 

19 ‘‘(D) LIMITATION.—Subparagraph (A) shall 

20 not apply with respect to activities carried out 

21 pursuant to section 167 of title 10, United States 

22 Code.’’. 


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1 SEC. 212. ESTABLISHMENT OF PUBLIC DIPLOMACY RE2 SERVE CORPS. 

3 (a) FINDING.—Congress finds that currently a short4 age of trained public diplomacy Foreign Service officers at 

5 the mid-career level threatens the effectiveness of United 

6 States outreach to publics abroad. 

7 (b) SENSE OF CONGRESS.—It is the sense of Congress 

8 that— 

9 (1) the Foreign Service should recruit individ10 uals with professional experience relevant to public 

11 diplomacy, and provide training and mentoring to 

12 cultivate their skills in order to build up the corps of 

13 professionals in the public diplomacy cone; and 

14 (2) apart from the public diplomacy cone, train15 ing of all Foreign Service officers should include more 

16 information on techniques of public diplomacy. 

17 (c) ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE

18 CORPS.—Section 301 of the Foreign Service Act of 1980 

19 (22 U.S.C. 3941) is amended by adding at the end the fol20 lowing new subsection: 

21 ‘‘(e) ESTABLISHMENT OF PUBLIC DIPLOMACY RE22 SERVE CORPS.— 

23 ‘‘(1) IN GENERAL.—The Secretary of State is au24 thorized to establish in the Foreign Service a Public 

25 Diplomacy Reserve Corps consisting of mid- and sen26 ior-level former Foreign Service officers and other inVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 dividuals with experience in the private or public sec2 tor relevant to public diplomacy, to serve for a period 

3 of six months to two years in postings abroad. 

4 ‘‘(2) PROHIBITION ON CERTAIN ACTIVITIES.— 

5 While actively serving with the Reserve Corps, indi6 viduals may not engage in activities directly or indi7 rectly intended to influence public opinion within the 

8 United States in the same manner and to the same 

9 extent that employees of the Department of State en10 gaged in public diplomacy are so prohibited.’’. 

11 SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY 

12 OUTREACH. 

13 (a) FINDINGS.—Congress finds the following: 

14 (1) The platform strategy for United States pub15 lic diplomacy programs has changed dramatically 

16 with events of the past decade. The United States 

17 Government used to operate hundreds of free-standing 

18 facilities around the world, known as ‘‘American Cen19 ters’’ or ‘‘America Houses’’, that offered venues for 

20 cultural and educational events as well as access to 

21 books, magazines, films, and other selected materials 

22 about the United States. The consolidation of the 

23 United States Information Agency (USIA) into the 

24 Department of State accelerated the post-Cold War 

25 process of closing these facilities, and the deadly atVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 tacks on United States embassies in Tanzania and 

2 Kenya prompted the imposition of security require3 ments under law that included co-locating United 

4 States Government employees in hardened embassy 

5 compounds. 

6 (2) Information Resource Centers, which offer li7 brary services and space for public events, that are 

8 now located in embassy compounds allow limited ac9 cess—and in some cases, none whatsoever—by the 

10 public, and half of them operate on a ‘‘by appoint11 ment only’’ basis. ‘‘American Corner’’ facilities, oper12 ated by local contacts in university or public libraries 

13 in some countries, are no substitute for a designated 

14 venue recognized as a resource for information on 

15 United States culture and education staffed by a 

16 knowledgeable representative of the embassy. 

17 (b) PARTNERSHIP ARRANGEMENTS TO FURTHER PUB18 LIC DIPLOMACY AND OUTREACH.—Recognizing the security 

19 challenges of maintaining free-standing public diplomacy 

20 facilities outside of embassy compounds, the Secretary of 

21 State shall consider new partnership arrangements with 

22 local or regional entities in foreign countries that can oper23 ate free-standing American Centers in areas well-trafficked 

24 by a cross-section of people in such countries, including in 

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1 tions that reach beyond library patrons and university stu2 dents. Where such partnership arrangements currently 

3 exist, the Secretary shall evaluate the efficacy of such part4 nership arrangements and determine whether such partner5 ship arrangements can provide a model for public diplo6 macy facilities outside of embassy and consulate compounds 

7 elsewhere. Not later than 180 days after the date of the en8 actment of this Act, the Secretary shall brief the appro9 priate congressional committees on the evaluation and de10 terminations described in the preceding sentence. 

11 (c) ESTABLISHMENT OF CERTAIN PUBLIC DIPLOMACY

12 FACILITIES.—After taking into account relevant security 

13 needs, the Secretary of State shall consider placing United 

14 States public diplomacy facilities at locations that maxi15 mize the role of such facilities in the educational and cul16 tural life of the cities in which such facilities are located, 

17 and help build a growing constituency for such facilities, 

18 in accordance with the authority given to the Secretary 

19 under section 606(a)(2)(B) of the Secure Embassy Con20 struction and Counterterrorism Act of 1999 (22 U.S.C. 

21 4865(a)(2)(B)) to waive certain requirements of that Act 

22 with respect to the location of certain United States diplo23 matic facilities in foreign countries. 


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1 SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS. 

2 (a) ESTABLISHMENT AND MAINTENANCE OF LIBRAR3 IES.—Section 1(b)(3) of the State Department Basic Au4 thorities Act of 1956 (22 U.S.C. 2651a(b)(3)) is amended— 

5 (1) in subparagraph (D), by striking ‘‘and’’ at 

6 the end; 

7 (2) in subparagraph (E), by striking the period 

8 at the end and inserting ‘‘; and’’; and 

9 (3) by adding at the end the following new sub10 paragraph: 

11 ‘‘(F) provide for the establishment of new 

12 and the maintenance of existing libraries and re13 source centers at or in connection with United 

14 States diplomatic and consular missions.’’. 

15 (b) OPERATION OF LIBRARIES.— 

16 (1) IN GENERAL.—The Secretary of State shall 

17 ensure that libraries and resource centers established 

18 and maintained in accordance with subparagraph 

19 (F) of section 1(b)(3) of the State Department Basic 

20 Authorities Act of 1956 (as added by subsection (a)(3) 

21 of this section) are open to the general public to the 

22 greatest extent practicable, subject to policies and pro23 cedures established by the Secretary to ensure the safe24 ty and security of United States diplomatic and con25 sular missions and of United States officers, employVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 ees, and personnel posted at such missions at which 

2 such libraries are located. 

3 (2) SHOWINGS OF UNITED STATES FILMS.—To 

4 the extent practicable, the Secretary of State shall en5 sure that such libraries and resource centers schedule 

6 public showings of United States films that showcase 

7 United States culture, society, values, and history. 

8 (c) ADVISORY COMMISSION ON PUBLIC DIPLOMACY.— 

9 Not later than one year after the date of the enactment of 

10 this section, the Advisory Commission on Public Diplomacy 

11 (authorized under section 1334 of the Foreign Affairs Re12 form and Restructuring Act of 1998 (22 U.S.C. 6553)) shall 

13 submit to the Committee on Foreign Affairs of the House 

14 of Representatives and the Committee on Foreign Relations 

15 of the Senate a report containing an evaluation of the func16 tions and effectiveness of the libraries and resource centers 

17 that are authorized under this section. 

18 (d) AUTHORIZATION OF APPROPRIATIONS.—From 

19 amounts authorized to be appropriated for Diplomatic and 

20 Consular Programs pursuant to section 101(1)(A), there is 

21 authorized to be appropriated to the Secretary of State such 

22 sums as may be necessary for each of fiscal years 2010 and 

23 2011 to carry out this section. 


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1 SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY EX2 CHANGE PROGRAMS. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) Since September 11, 2001, a distorted per5 ception of the United States has grown abroad, even 

6 as many Americans struggle to understand the in7 creasingly complex world beyond the borders of the 

8 United States. 

9 (2) This public diplomacy crisis poses an ongo10 ing threat to United States security, diplomatic rela11 tions, commerce, and citizen-to-citizen relationships 

12 between the United States and other countries. 

13 (3) Independently produced documentary films 

14 have proven to be an effective means of commu15 nicating United States ideas and values to popu16 lations of other countries. 

17 (4) It is in the interest of the United States to 

18 provide assistance to United States nongovernmental 

19 organizations that produce and distribute independ20 ently produced documentary films. 

21 (b) ASSISTANCE.—The Secretary of State is authorized 

22 to make grants, on such terms and conditions as the Sec23 retary may determine, to United States nongovernmental 

24 organizations that use independently produced documen25 tary films to promote better understanding of the United 


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1 States abroad and better understanding of global perspec2 tives and other countries in the United States. 

3 (c) ACTIVITIES SUPPORTED.—Grants provided under 

4 subsection (b) shall, to the maximum extent practicable, be 

5 used to carry out the following activities: 

6 (1) Fund, distribute, and promote documentary 

7 films that convey a diversity of views about life in the 

8 United States to foreign audiences and bring insight9 ful foreign perspectives to United States audiences. 

10 (2) Support documentaries described in para11 graph (1) that are made by independent foreign and 

12 domestic producers, selected through a peer review 

13 process. 

14 (3) Develop a network of overseas partners to 

15 produce, distribute, and broadcast such documen16 taries. 

17 (d) SPECIAL FACTORS.—In making the grants de18 scribed in subsection (b), the Secretary shall give preference 

19 to nongovernmental organizations that— 

20 (1) provide at least 35 percent of the total project 

21 cost in matching funds from non-Federal sources; and 

22 (2) have prior experience supporting independ23 ently produced documentary films that have been 

24 broadcast on public television in the United States. 


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1 (e) REPORT.—Not later than two years after the date 

2 of the enactment of this Act, the Secretary shall submit to 

3 Congress a report that contains a detailed description of 

4 the implementation of this section for the prior year. 

5 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

6 amounts authorized to be appropriated for Educational and 

7 Cultural Exchange Programs pursuant to section 101(4), 

8 there is authorized to be appropriated to the Secretary of 

9 State $5,000,000 for each of fiscal years 2010 and 2011 to 

10 carry out this section. 

11 SEC. 216. UNITED STATES ADVISORY COMMISSION ON PUB12 LIC DIPLOMACY. 

13 (a) REAUTHORIZATION OF UNITED STATES ADVISORY

14 COMMISSION ON PUBLIC DIPLOMACY.—Section 1334 of the 

15 Foreign Affairs Reform and Restructuring Act of 1998 (22 

16 U.S.C. 6553) is amended by striking ‘‘October 1, 2009’’ and 

17 inserting ‘‘October 1, 2011’’. 

18 (b) STUDY AND REPORT.—Section 604(c)(2) of the 

19 United States Information and Educational Exchange Act 

20 of 1948 (22 U.S.C. 1469(c)(2)) is amended to read as fol21 lows: 

22 ‘‘(2)(A) Not less often than once every two years, the 

23 Commission shall undertake an in-depth review of United 

24 States public diplomacy programs, policies, and activities. 

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1 anisms of United States public diplomacy in light of several 

2 factors, including public and media attitudes around the 

3 world toward the United States, United States citizens, and 

4 United States foreign policy, and make appropriate rec5 ommendations. 

6 ‘‘(B) The Commission shall submit to the Secretary 

7 and the Committee on Foreign Affairs of the House of Rep8 resentatives and the Committee on Foreign Relations of the 

9 Senate a comprehensive report of each study required under 

10 subparagraph (A). At the discretion of the Commission, any 

11 report under this subsection may be submitted in classified 

12 form or with a classified appendix. 

13 ‘‘(C) Upon request of the Commission, the Secretary, 

14 the Chair of the Broadcasting Board of Governors, and the 

15 head of any other Federal agency that conducts public di16 plomacy or strategic communications activities shall pro17 vide to the Commission information to assist the Commis18 sion in carrying out its responsibilities under this para19 graph.’’. 

20 (c) ENHANCING THE EXPERTISE OF THE UNITED

21 STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.— 

22 (1) QUALIFICATIONS OF MEMBERS.—Section 

23 604(a)(2) of the United States Information and Edu24 cational Exchange Act of 1948 (22 U.S.C. 1469(a)(2)) 

25 is amended by adding at the end the following new 


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1 sentences: ‘‘At least four members shall have substan2 tial experience in the conduct of public diplomacy or 

3 comparable activities in the private sector. No mem4 ber may be an officer or employee of the United 

5 States.’’. 

6 (2) APPLICATION OF AMENDMENT.—The amend7 ment made by paragraph (1) shall not apply to indi8 viduals who are members of the United States Advi9 sory Commission on Public Diplomacy on the date of 

10 the enactment of this Act. 

11 SEC. 217. SPECIAL OLYMPICS. 

12 (a) FINDINGS.—Congress finds the following: 

13 (1) Special Olympics International has been rec14 ognized for more than four decades as the world lead15 er in providing life-changing sports training and 

16 competition experiences for persons with intellectual 

17 disabilities at all levels of severity. 

18 (2) While Special Olympics sports programming 

19 is widely respected around the world, less well-known 

20 are a number of supporting initiatives targeted to 

21 changing attitudes toward people with intellectual 

22 disabilities, developing leaders among the intellectual 

23 disability population, supporting families of people 

24 with these disabilities, improving access to health 


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1 services, and enhancing government policies and pro2 grams for people with intellectual disabilities. 

3 (3) Special Olympics has documented the chal4 lenge of ignorance and poor attitudes toward intellec5 tual disability worldwide and its capacity to change 

6 discriminatory attitudes to understanding, accept7 ance, and advocacy for people with intellectual dis8 abilities. It does so through an array of educational 

9 and attitude change activities that affect multiple lev10 els of society. These activities have received financial 

11 support from the Bureau of Educational and Cultural 

12 Affairs (ECA) of the Department of State, among 

13 other sources. 

14 (b) ADMINISTRATION OF PROGRAM.—Section 3(b) of 

15 the Special Olympics Sport and Empowerment Act of 2004 

16 (Public Law 108–406) is amended, in the matter preceding 

17 paragraph (1) by striking ‘‘Secretary of State’’ and insert18 ing ‘‘Secretary of State, acting through the Assistant Sec19 retary of State for Educational and Cultural Affairs’’. 


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1 SEC. 218. EXTENSION OF PROGRAM TO PROVIDE GRANTS 

2 TO AMERICAN-SPONSORED SCHOOLS IN PRE3 DOMINANTLY MUSLIM COUNTRIES TO PRO4 VIDE SCHOLARSHIPS. 

5 Section 7113 of the Intelligence Reform and Terrorism 

6 Prevention Act of 2004 (Public Law 108–458; 22 U.S.C. 

7 2452c) is amended— 

8 (1) in subsection (g)— 

9 (A) by striking ‘‘Committee on Inter10 national Relations’’ and inserting ‘‘Committee 

11 on Foreign Affairs’’; and 

12 (B) by striking ‘‘April 15, 2006, and April 

13 15, 2008’’ and inserting ‘‘June 15, 2010, and 

14 June 15, 2011’’; and 

15 (2) in subsection (h), by striking ‘‘2007 and 

16 2008’’ and inserting ‘‘2010 and 2011’’. 

17 SEC. 219. CENTRAL ASIA SCHOLARSHIP PROGRAM FOR PUB18 LIC POLICY INTERNSHIPS. 

19 (a) PILOT PROGRAM ESTABLISHED.—As part of the 

20 educational and cultural exchange programs of the Depart21 ment of State, the Secretary of State shall establish a pilot 

22 program for fiscal years 2010 and 2011 to award scholar23 ships to undergraduate and graduate students from Central 

24 Asia for public policy internships in the United States. 

25 Subject to the availability of appropriations, for each fiscal 


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1 year not more than 50 students may participate in the pro2 gram established under this section. 

3 (b) GENERAL PROVISIONS.— 

4 (1) IN GENERAL.—Except as otherwise provided 

5 in this section, the program established pursuant to 

6 subsection (a) shall be carried out under applicable 

7 provisions of the United States Information and Edu8 cational Exchange Act of 1948 (22 U.S.C. 1431 et 

9 seq.) and the Mutual Educational and Cultural Ex10 change Act of 1961 (22 U.S.C. 2451 et seq.; also re11 ferred to as the ‘‘Fulbright-Hays Act’’). 

12 (2) SCHOLARSHIP ELIGIBILITY REQUIRE13 MENTS.—In addition to such other requirements as 

14 may be established by the Secretary of State, a schol15 arship recipient under this section— 

16 (A) shall be proficient in the English lan17 guage; 

18 (B) shall be a student at an undergraduate 

19 or graduate school level at an accredited institu20 tion of higher education with a record of out21 standing academic achievement and dem22 onstrated intellectual abilities; 

23 (C) may not have received an academic 

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1 ernment in the three years preceding the award 

2 of a scholarship under this section; and 

3 (D) may not be or have been a member of 

4 a foreign terrorist organization (as designated by 

5 the Secretary of State in accordance with section 

6 219(a) of the Immigration and Nationality Act 

7 (8 U.S.C. 1189(a))) or involved in organized 

8 crime. 

9 (3) INTERNSHIPS.—Internships under this sec10 tion shall be for periods of not more than six months. 

11 (4) PRIORITY CONSIDERATION.—In the award of 

12 internships under this section, the Secretary of State 

13 shall give priority consideration to students who are 

14 underprivileged or members of ethnic, religious, or 

15 cultural minorities. 

16 (5) CENTRAL ASIA DEFINED.—For the purposes 

17 of this section, the term ‘‘Central Asia’’ means the 

18 countries of Kazakhstan, Kyrgyzstan, Tajikistan, 

19 Turkmenistan, and Uzbekistan. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

21 amounts authorized to be appropriated pursuant to section 

22 101(4), there is authorized to be appropriated $600,000 for 

23 each of fiscal years 2010 and 2011 to carry out this section. 


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1 SEC. 220. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP 

2 PROGRAM. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) The United States-South Pacific Scholarship 

5 Program (USSP), authorized by Congress and funded 

6 by the Bureau of Educational and Cultural Affairs of 

7 the Department of State, is a competitive, merit-based 

8 scholarship program that ensures that Pacific Island9 ers have an opportunity to pursue higher education 

10 in the United States and to obtain first-hand knowl11 edge of United States institutions. 

12 (2) It is expected that these students will one day 

13 assume leadership roles in their countries. 

14 (3) As the Chairman of the Subcommittee on 

15 Territories and Insular Affairs, the late Congressman 

16 Phillip Burton was a voice for Pacific Island popu17 lations. 

18 (4) He was also a voice for workers, the poor, 

19 and the elderly. 

20 (5) Congressman Burton was one of the most 

21 brilliant and productive legislators in United States 

22 politics. 

23 (6) He served in Congress from 1964 to 1983. 

24 (7) He worked every day of his life to ensure so25 cial justice and human dignity for all people. 


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1 (b) SENSE OF CONGRESS.—It is the sense of Congress 

2 that— 

3 (1) so that future generations will know his 

4 name and remember his service, it is fitting that the 

5 leadership and vision of Phillip Burton, especially as 

6 the Chairman of the Subcommittee on Territories and 

7 Insular Affairs, which indirectly impacted United 

8 States foreign policy in the South Pacific region, 

9 should be honored; and 

10 (2) the United States-South Pacific Scholarship 

11 Program should be renamed the Phillip Burton Schol12 arship Program for South Pacific Island Students. 

13 (c) FUNDING.— 

14 (1) IN GENERAL.—Of the amounts authorized to 

15 be appropriated pursuant to section 101(4), $750,000 

16 is authorized to be appropriated for each of fiscal 

17 years 2010 and 2011 to be made available for the 

18 United States-South Pacific Scholarship Program. 

19 (2) NAME.—Scholarships awarded under the 

20 Program shall be referred to as ‘‘Burton Scholar21 ships’’ and recipients of such scholarships shall be re22 ferred to as ‘‘Burton Scholars’’. 


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1 SEC. 221. SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF 

2 MEXICO AND CENTRAL AND SOUTH AMERICA. 

3 Of the amounts authorized to be appropriated pursu4 ant to section 101(4), $400,000 for each of fiscal years 2010 

5 and 2011 is authorized to be appropriated for scholarships 

6 for secondary and post-secondary education in the United 

7 States for students from Mexico and the countries of Central 

8 and South America who are from the indigenous peoples 

9 of the region. 

10 SEC. 222. UNITED STATES-CARIBBEAN EDUCATIONAL EX11 CHANGE PROGRAM. 

12 (a) DEFINITIONS.—In this section: 

13 (1) APPROPRIATE CONGRESSIONAL COMMIT14 TEES.—The term ‘‘appropriate congressional commit15 tees’’ means— 

16 (A) the Committee on Foreign Affairs and 

17 the Committee on Appropriations of the House of 

18 Representatives; and 

19 (B) the Committee on Foreign Relations 

20 and the Committee on Appropriations of the 

21 Senate. 

22 (2) CARICOM COUNTRY.—The term ‘‘CARICOM 

23 country’’— 

24 (A) means a member country of the Carib25 bean Community (CARICOM); but 

26 (B) does not include— 


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1 (i) a country having observer status in 

2 CARICOM; or 

3 (ii) a country the government of which 

4 the Secretary of State has determined, for 

5 purposes of section 6(j) of the Export Ad6 ministration Act of 1979 (as continued in 

7 effect pursuant to the International Emer8 gency Economic Powers Act), section 40 of 

9 the Arms Export Control Act, section 620A 

10 of the Foreign Assistance Act of 1961, or 

11 any other provision of law, is a government 

12 that has repeatedly provided support for 

13 acts of international terrorism. 

14 (3) SECRETARY.—Except as otherwise provided, 

15 the term ‘‘Secretary’’ means the Secretary of State. 

16 (4) UNITED STATES COOPERATING AGENCY.—The 

17 term ‘‘United States cooperating agency’’ means— 

18 (A) an institution of higher education (as 

19 such term is defined in section 101(a) of the 

20 Higher Education Act of 1965 (20 U.S.C. 

21 1001(a))), including, to the maximum extent 

22 practicable, a historically Black college or uni23 versity that is a part B institution (as such term 

24 is defined in section 322(2) of such Act (20 

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1 tion (as such term is defined in section 502(5) 

2 of such Act (20 U.S.C. 1101a(5))); 

3 (B) a higher education association; 

4 (C) a nongovernmental organization incor5 porated in the United States; or 

6 (D) a consortium consisting of two or more 

7 such institutions, associations, or nongovern8 mental organizations. 

9 (b) PROGRAM AUTHORIZED.—The Secretary of State 

10 is authorized to establish an educational exchange program 

11 between the United States and CARICOM countries, to be 

12 known as the ‘‘Shirley A. Chisholm United States-Carib13 bean Educational Exchange Program’’, under which— 

14 (1) secondary school students from CARICOM 

15 countries will— 

16 (A) attend a public or private secondary 

17 school in the United States; and 

18 (B) participate in activities designed to 

19 promote a greater understanding of the values 

20 and culture of the United States; and 

21 (2) undergraduate students, graduate students, 

22 post-graduate students, and scholars from CARICOM 

23 countries will— 


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1 (A) attend a public or private college or 

2 university, including a community college, in the 

3 United States; and 

4 (B) participate in activities designed to 

5 promote a greater understanding of the values 

6 and culture of the United States. 

7 (c) ELEMENTS OF PROGRAM.—The program author8 ized under subsection (b) shall meet the following require9 ments: 

10 (1) The program will offer scholarships to stu11 dents and scholars based on merit and need. It is the 

12 sense of Congress that scholarships should be offered 

13 to students and scholars who evidence merit, achieve14 ment, and strong potential for the studies such stu15 dents and scholars wish to undertake under the pro16 gram and 60 percent of scholarships offered under the 

17 program should be based on financial need. 

18 (2) The program will seek to achieve gender 

19 equality in granting scholarships under the program. 

20 (3) Fields of study under the program will sup21 port the labor market and development needs of 

22 CARICOM countries, assuring a pool of technical ex23 perts to address such needs. 

24 (4) The program will limit participation to— 


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1 (A) one year of study for secondary school 

2 students; 

3 (B) two years of study for undergraduate 

4 students; and 

5 (C) 12 months of study for graduate stu6 dents, post-graduate students, and scholars. 

7 (5) For a period of time equal to the period of 

8 time of participation in the program, but not to ex9 ceed two years, the program will require participants 

10 who are students and scholars described in subsection 

11 (a)(2) to— 

12 (A) agree to return to live in a CARICOM 

13 country and maintain residence in such country, 

14 within six months of completion of academic 

15 studies; or 

16 (B) agree to obtain employment that di17 rectly benefits the growth, progress, and develop18 ment of one or more CARICOM countries and 

19 the people of such countries. 

20 (6) The Secretary may waive, shorten the dura21 tion, or otherwise alter the requirements of paragraph 

22 (4) in limited circumstances of hardship, humani23 tarian needs, for specific educational purposes, or in 

24 furtherance of the national interests of the United 

25 States. 


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1 (d) ROLE OF UNITED STATES COOPERATING AGEN2 CIES.—The Secretary shall consult with United States co3 operating agencies in developing the program authorized 

4 under subsection (b). The Secretary is authorized to provide 

5 grants to United States cooperating agencies in carrying 

6 out the program authorized under subsection (b). 

7 (e) MONITORING AND EVALUATION OF PROGRAM.— 

8 (1) IN GENERAL.—The Secretary shall monitor 

9 and evaluate the effectiveness and efficiency of the 

10 program authorized under subsection (b). In so doing, 

11 the Secretary shall, among other things, evaluate the 

12 program’s positive or negative effects on ‘‘brain 

13 drain’’ from the participating CARICOM countries 

14 and suggest ways in which the program may be im15 proved to promote the basic goal of alleviating brain 

16 drain from the participating CARICOM countries. 

17 (2) REQUIREMENTS.—In carrying out para18 graph (1), the Secretary shall review on a regular 

19 basis— 

20 (A) financial information relating to the 

21 program; 

22 (B) budget plans for the program; 

23 (C) adjustments to plans established for the 

24 program; 


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1 (D) graduation rates of participants in the 

2 program; 

3 (E) the percentage of participants who are 

4 students described in subsection (b)(1) who pur5 sue higher education; 

6 (F) the percentage of participants who re7 turn to their home country or another 

8 CARICOM country; 

9 (G) the types of careers pursued by partici10 pants in the program and the extent to which 

11 such careers are linked to the political, economic, 

12 and social development needs of CARICOM 

13 countries; and 

14 (H) the impact of gender, country of origin, 

15 financial need of students, and other relevant 

16 factors on the data collected under subpara17 graphs (D) through (G). 

18 (f) REPORTING REQUIREMENTS.— 

19 (1) REPORT REQUIRED.—Not later than 120 

20 days after the date of the enactment of this section, 

21 the Secretary of State shall submit to the appropriate 

22 congressional committees a report on plans to imple23 ment the program authorized under this section. 

24 (2) MATTERS TO BE INCLUDED.—The report re25 quired by paragraph (1) shall include— 


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1 (A) a plan for selecting participants in the 

2 program, including an estimate of the number of 

3 secondary school students, undergraduate stu4 dents, graduate students, post-graduate students, 

5 and scholars from each country, by educational 

6 level, who will be selected as participants in the 

7 program for each fiscal year; 

8 (B) a timeline for selecting United States 

9 cooperating agencies that will assist in imple10 menting the program; 

11 (C) a financial plan that— 

12 (i) identifies budget plans for each edu13 cational level under the program; and 

14 (ii) identifies plans or systems to en15 sure that the costs to public school, college, 

16 and university education under the pro17 gram and the costs to private school, college, 

18 and university education under the pro19 gram are reasonably allocated; and 

20 (D) a plan to provide outreach to and link21 ages with schools, colleges and universities, and 

22 nongovernmental organizations in both the 

23 United States and CARICOM countries for im24 plementation of the program. 

25 (3) UPDATES OF REPORT.— 


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1 (A) IN GENERAL.—The Secretary shall sub2 mit to the appropriate congressional committees 

3 updates of the report required by paragraph (1) 

4 for each fiscal year for which amounts are ap5 propriated pursuant to the authorization of ap6 propriations under subsection (g). 

7 (B) MATTERS TO BE INCLUDED.—Such up8 dates shall include the following: 

9 (i) Information on United States co10 operating agencies that are selected to assist 

11 in implementing the programs authorized 

12 under this section. 

13 (ii) An analysis of the positive and 

14 negative impacts the program authorized 

15 under this section will have or is having on 

16 ‘‘brain drain’’ from the participating 

17 CARICOM countries. 

18 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

19 amounts authorized to be appropriated pursuant to section 

20 101(4), there are authorized to be appropriated such sums 

21 as may be necessary for each of fiscal years 2010 and 2011 

22 to carry out this section. 


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1 SEC. 223. EXCHANGES BETWEEN SRI LANKA AND THE 

2 UNITED STATES TO PROMOTE DIALOGUE 

3 AMONG MINORITY GROUPS IN SRI LANKA. 

4 (a) PURPOSE.—It is the purpose of this section to pro5 vide financial assistance to— 

6 (1) establish an exchange program for Sri 

7 Lankan students currently pursuing a high school de8 gree to participate in dialogue and understanding 

9 workshops in the United States; 

10 (2) expand Sri Lankan participation in ex11 change programs of the Department of State; and 

12 (3) promote dialogue between young adults from 

13 various ethnic, religious, linguistic, and other minor14 ity groups in Sri Lanka. 

15 (b) PROGRAM.— 

16 (1) IN GENERAL.—The Secretary of State shall 

17 establish an exchange program to provide scholarships 

18 to fund exchanges to enable Sri Lankan high school 

19 students from various ethnic, religious, linguistic, and 

20 other minority groups to participate in post-conflict 

21 resolution, understanding, and dialogue promotion 

22 workshops. 

23 (2) DIALOGUE WORKSHOPS.—The exchange pro24 gram established under paragraph (1) shall include a 

25 dialogue workshop located in the United States for 

26 participants in such program. 


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1 (c) DEFINITION.—For purposes of this section, the 

2 term ‘‘scholarship’’ means an amount to be used for full 

3 or partial support of living expenses in the United States 

4 for a participant in the exchange program established 

5 under subsection (b), including travel expenses to, from, and 

6 within the United States. 

7 SEC. 224. EXCHANGES BETWEEN LIBERIA AND THE UNITED 

8 STATES FOR WOMEN LEGISLATORS. 

9 (a) PURPOSE.—It is the purpose of this section to pro10 vide financial assistance to— 

11 (1) establish an exchange program for Liberian 

12 women legislators and women staff members of the Li13 berian Congress; 

14 (2) expand Liberian participation in exchange 

15 programs of the Department of State; and 

16 (3) promote the advancement of women in the 

17 field of politics, with the aim of eventually reducing 

18 the rates of domestic abuse, illiteracy, and sexism in 

19 Liberia. 

20 (b) PROGRAM.—The Secretary of State shall establish 

21 an exchange program in cooperation with the Women’s Leg22 islative Caucus in Liberia to provide scholarships to fund 

23 exchanges to enable Liberian women legislators and excep24 tional women Liberian Congressional staffers to encourage 


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1 more women to participate in, and continue to be active 

2 in, politics and the democratic process in Liberia. 

3 (c) SCHOLARSHIP DEFINED.—In this section, the term 

4 ‘‘scholarship’’ means an amount to be used for full or par5 tial support of living expenses in the United States for a 

6 participant in the exchange program established under sub7 section (b), including travel expenses to, from, and within 

8 the United States. 

9 SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI. 

10 The Secretary of State shall develop a public diplo11 macy plan to be implemented in the event that Temporary 

12 Protected Status (TPS) is extended to Haitian nationals 

13 in the United States to effectively inform Haitians living 

14 in Haiti that— 

15 (1) TPS only permits people already in the 

16 United States as of a specifically designated date to 

17 remain in the United States; 

18 (2) there are extraordinary dangers of travel by 

19 sea to the United States in unsafe, overcrowded ves20 sels; 

21 (3) any Haitian interdicted at sea traveling to 

22 the United States will be repatriated to Haiti; and 

23 (4) the United States will continue its large as24 sistance program to help the people of Haiti recover 


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1 from recent hurricanes, restore stability, and promote 

2 economic growth. 

3 SEC. 226. TRANSFER OF THE VIETNAM EDUCATION FOUN4 DATION TO THE DEPARTMENT OF STATE. 

5 (a) PURPOSES.—Section 202 of the Vietnam Edu6 cation Foundation Act of 2000 (Public Law 106–554) is 

7 amended by adding at the end the following new paragraph: 

8 ‘‘(3) To support the development of one or more 

9 academic institutions in Vietnam by financing the 

10 participation of United States institutions of higher 

11 education in the governance, management, and aca12 demic activities of such academic institutions in Viet13 nam.’’. 

14 (b) ESTABLISHMENT.—Section 204 of such Act is 

15 amended to read as follows: 

16 ‘‘SEC. 204. ESTABLISHMENT. 

17 ‘‘There is established, within the Bureau of Edu18 cational and Cultural Affairs of the Department of State, 

19 the Vietnam Education Foundation (referred to in this title 

20 as the ‘Foundation’).’’. 

21 (c) REPLACEMENT OF BOARD OF DIRECTORS WITH

22 ADVISORY COMMITTEE.—Section 205 of such Act is amend23 ed to read as follows: 


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1 ‘‘SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY 

2 COMMITTEE. 

3 ‘‘(a) ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—There may be established a 

5 Vietnam Education Foundation Advisory Committee 

6 (referred to in this section as the ‘Advisory Com7 mittee’), which shall provide advice to the Secretary 

8 and the Assistant Secretary for Educational and Cul9 tural Affairs regarding the Foundation’s activities. 

10 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

11 shall be composed of seven members, of whom— 

12 ‘‘(A) three shall be appointed by the Sec13 retary; 

14 ‘‘(B) one shall be appointed by the majority 

15 leader of the Senate; 

16 ‘‘(C) one shall be appointed by the minority 

17 leader of the Senate; 

18 ‘‘(D) one shall be appointed by the Speaker 

19 of the House of Representatives; and 

20 ‘‘(E) one shall be appointed by the minority 

21 leader of the House of Representatives. 

22 ‘‘(3) APPOINTMENT OF INCUMBENT MEMBERS OF

23 BOARD OF DIRECTORS.—Members appointed to the 

24 Advisory Committee under paragraph (2) may in25 clude individuals who were members of the Board of 


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1 Directors of the Foundation on the date immediately 

2 preceding the date of the enactment of this section. 

3 ‘‘(b) SUPERVISION.—The Foundation shall be subject 

4 to the supervision and direction of the Secretary, working 

5 through the Assistant Secretary for Educational and Cul6 tural Affairs, and in consultation with the Advisory Com7 mittee established under subsection (a).’’. 

8 (d) APPOINTMENT OF EXECUTIVE DIRECTOR.—Sub9 section (a) of section 208 of such Act is amended— 

10 (1) in the first sentence by striking ‘‘shall be ap11 pointed’’ and inserting ‘‘may be appointed’’; and 

12 (2) by striking the last sentence. 

13 (e) SERVICE OF EXECUTIVE DIRECTOR TO ADVISORY

14 COMMITTEE.—Such subsection is further amended, in the 

15 second sentence, by striking ‘‘Foundation and shall carry 

16 out’’ and inserting ‘‘Foundation, serve the Advisory Com17 mittee, and carry out’’. 

18 (f) FELLOWSHIP PROGRAM.—Section 206(a)(1)(A) of 

19 such Act is amended by striking ‘‘technology, and computer 

20 sciences’’ and inserting ‘‘academic computer science, public 

21 policy, and academic and public management’’. 

22 (g) CONFORMING AMENDMENTS.—Such Act is amend23 ed— 

24 (1) in section 203— 

25 (A) by striking paragraph (1); 


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1 (B) by redesignating paragraphs (2) and 

2 (3) as paragraphs (1) and (2), respectively; and 

3 (C) by inserting after paragraph (2), as re4 designated, the following: 

5 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

6 the Secretary of State.’’; 

7 (2) in section 208— 

8 (A) in subsection (a)— 

9 (i) in the subsection heading, by strik10 ing ‘‘BOARD’’ and inserting ‘‘SECRETARY’’; 

11 and 

12 (ii) by striking ‘‘Board’’ each place it 

13 appears and inserting ‘‘Secretary’’; and 

14 (B) in subsection (d), by striking ‘‘Board’’ 

15 and inserting ‘‘Secretary’’; and 

16 (3) in section 209(b), by striking ‘‘Board’’ and 

17 inserting ‘‘Secretary’’. 

18 (h) MUTUAL EDUCATIONAL AND CULTURAL EX19 CHANGE ACT OF 1961.—Section 112(a) of the Mutual Edu20 cational and Cultural Exchange Act of 1961 (22 U.S.C. 

21 2460(a)) is amended— 

22 (1) in paragraph (8), by striking ‘‘and’’ at the 

23 end; 

24 (2) in paragraph (9), by striking the period at 

25 the end and inserting ‘‘; and’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(10) programs administered by the Vietnam 

3 Education Foundation.’’. 

4 (i) TRANSFER OF FUNCTIONS.—All functions and as5 sets of the Vietnam Education Foundation are transferred 

6 to the Bureau of Educational and Cultural Affairs of the 

7 Department of State. The Assistant Secretary for Edu8 cational and Cultural Affairs may hire personnel who were 

9 employed by the Vietnam Education Foundation on the 

10 date before the date of the enactment of this Act, and such 

11 other personnel as may be necessary to support the Founda12 tion, in accordance with part III of title 5, United States 

13 Code. 

14 (j) SUPPORT FOR INSTITUTIONAL DEVELOPMENT IN

15 VIETNAM.— 

16 (1) GRANTS AUTHORIZED.—The Secretary of 

17 State, acting through the Assistant Secretary for Edu18 cational and Cultural Affairs, is authorized to award 

19 1 or more grants to institutions of higher education 

20 (as defined in section 101(a) of the Higher Education 

21 Act of 1965 (20 U.S.C. 1001(a))), which shall be used 

22 to implement graduate-level academic and public pol23 icy management leadership programs in Vietnam. 

24 Such programs shall— 


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1 (A) support Vietnam’s equitable and sus2 tainable socioeconomic development; 

3 (B) feature both teaching and research com4 ponents; 

5 (C) promote the development of institutional 

6 capacity in Vietnam; 

7 (D) operate according to core principles of 

8 good governance; and 

9 (E) enjoy autonomy from the Vietnamese 

10 government. 

11 (2) APPLICATION.— 

12 (A) IN GENERAL.—Each institution of high13 er education desiring the grant under this sec14 tion shall submit an application to the Secretary 

15 of State at such time, in such manner, and ac16 companied by such information as the Secretary 

17 may reasonably require. 

18 (B) COMPETITIVE BASIS.—Each grant au19 thorized under subsection (a) shall be awarded 

20 on a competitive basis. 

21 (3) SOURCE OF GRANT FUNDS.—The Secretary of 

22 State may use funds made available to the Vietnam 

23 Education Foundation under section 207(c) of the 

24 Vietnam Education Foundation Act of 2000 (22 


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1 U.S.C. 2452 note) for the grant awarded under this 

2 section. 

3 (k) EFFECTIVE DATE.—This section and the amend4 ments made by this section shall take effect on the date that 

5 is 90 days after the date of the enactment of this section. 

6 Subtitle C—Consular Services and 

7 Related Matters 

8 SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT 

9 SURCHARGE. 

10 Section 1 of the Passport Act of June 4, 1920 (22 

11 U.S.C. 214; chapter 223, 41 Stat. 750), is amended by— 

12 (1) striking subsection (b)(2); and 

13 (2) redesignating subsection (b)(3) as subsection 

14 (b)(2). 

15 SEC. 232. SENSE OF CONGRESS REGARDING ADDITIONAL 

16 CONSULAR SERVICES IN MOLDOVA. 

17 It is the sense of Congress that in light of serious prob18 lems with human trafficking as well as the exceptionally 

19 high volume of applications by citizens of Moldova to the 

20 United States Summer Work Travel program, the Secretary 

21 of State should make every effort to enhance consular serv22 ices at the United States embassy in Chisinau, Moldova, 

23 including considering assigning an additional consular of24 ficer to such post, and providing enhanced anti-trafficking 


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1 training, especially related to student exchange visas and 

2 other vulnerable categories of visa applicants. 

3 SEC. 233. REFORMING REFUGEE PROCESSING. 

4 (a) WORLDWIDE PROCESSING PRIORITY SYSTEM.— 

5 (1) EMBASSY REFERRALS.—The Secretary of 

6 State shall expand training of United States embassy 

7 and consular personnel to ensure that appropriate 

8 United States embassies and consulates are equipped 

9 and enabled to refer to the United States refugee ad10 missions program aliens in urgent need of resettle11 ment. 

12 (2) NGO REFERRALS.—The Secretary shall ex13 pand training of, and communication with, non14 governmental organizations that provide assistance to 

15 displaced and persecuted persons to enable such orga16 nizations to refer to the United States refugee admis17 sions program aliens in urgent need of resettlement. 

18 (b) REFORM OF THE REFUGEE CONSULTATION PROC19 ESS.—Section 207 of the Immigration and Nationality Act 

20 (8 U.S.C. 1157) is amended— 

21 (1) in subsection (a)(2), by adding at the end the 

22 following new sentence: ‘‘In the event that a fiscal 

23 year begins without such determination having been 

24 made, there is authorized to be admitted in the first 

25 quarter of such fiscal year 25 percent of the number 


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1 of refugees fixed by the President in the previous fis2 cal year’s determination, and any refugees admitted 

3 under this sentence shall be counted toward the Presi4 dent’s determination when it is made.’’; and 

5 (2) in subsection (e), in the matter preceding 

6 paragraph (1), by striking ‘‘discussions in person’’ 

7 and inserting ‘‘discussions in person, to be com8 menced not later than June 1 of each year,’’. 

9 (c) FAMILY REUNIFICATION.— 

10 (1) MULTIPLE FORMS OF RELIEF.—Applicants 

11 for admission as refugees shall be permitted to simul12 taneously pursue admission under any other visa cat13 egories for which such applicants may be eligible. 

14 (2) SEPARATED CHILDREN.—In the case of a 

15 child under the age of 18 who has been separated from 

16 the birth or adoptive parents of such child and who 

17 is living under the care of an alien who has been ap18 proved for admission to the United States as a ref19 ugee, such child shall be, if it is in the best interest 

20 of such child to be placed with such alien in the 

21 United States, admitted as a refugee provided such 

22 child is otherwise admissible as described in section 

23 207(c)(3) of the Immigration and Nationality Act (8 

24 U.S.C. 1157(c)(3)). 


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1 (3) CHILDREN OF REFUGEE SPOUSES.—For the 

2 purposes of sections 207(c)(2)(A) and 208(b)(3) of the 

3 Immigration and Nationality Act (8 U.S.C. 

4 1157(c)(2)(A) and 1158(b)(3)), if a refugee or asylee 

5 spouse proves that such spouse is the biological or 

6 adoptive parent of a child, such child shall be eligible 

7 to accompany or follow to join such parent. 

8 (d) ERMA ACCOUNT.—Section 2 of the Migration and 

9 Refugee Assistance Act of 1962 (22 U.S.C. 2601) is amend10 ed— 

11 (1) in subsection (c)— 

12 (A) in paragraph (1), by striking ‘‘Presi13 dent’’ and inserting ‘‘Secretary of State’’; and 

14 (B) in paragraph (2), in the second sen15 tence— 

16 (i) by striking ‘‘to the President’’; and 

17 (ii) by striking ‘‘$100,000,000’’ and 

18 inserting ‘‘$200,000,000’’; and 

19 (2) in subsection (d), by striking ‘‘President’’ 

20 and inserting ‘‘Secretary of State’’. 

21 (e) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is authorized to be ap23 propriated such sums as may be necessary to carry 

24 out this section, including the amendments made by 

25 this section. 


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1 (2) RULE OF CONSTRUCTION.—Nothing in this 

2 section may be construed to reduce funds or services 

3 for other refugee assistance or resettlement. 

4 (f) EFFECTIVE DATE.—This section, and the amend5 ments made by this section, shall take effect on the first 

6 day of the first fiscal year that begins after the date of the 

7 enactment of this section. 

8 SEC. 234. ENGLISH LANGUAGE AND CULTURAL AWARENESS 

9 TRAINING FOR APPROVED REFUGEE APPLI10 CANTS. 

11 (a) IN GENERAL.—The Secretary of State shall estab12 lish overseas refugee training programs to provide English 

13 as a second language, cultural orientation, and work ori14 entation training for refugees who have been approved for 

15 admission to the United States before their departure for 

16 the United States. 

17 (b) DESIGN AND IMPLEMENTATION.—In designing and 

18 implementing the pilot training programs referred to in 

19 subsection (a), the Secretary shall consult with or utilize 

20 both— 

21 (1) nongovernmental or international organiza22 tions with direct ties to the United States refugee re23 settlement program; and 


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1 (2) nongovernmental or international organiza2 tions with appropriate expertise in developing cur3 riculum and teaching English as a second language. 

4 (c) IMPACT ON PROCESSING TIMES.—The Secretary 

5 shall ensure that such training programs occur within cur6 rent processing times and do not unduly delay the depar7 ture for the United States of refugees who have been ap8 proved for admission to the United States. 

9 (d) TIMELINE FOR IMPLEMENTATION.— 

10 (1) INITIAL IMPLEMENTATION.—Not later than 

11 one year after the date of the enactment of this Act, 

12 the Secretary shall ensure that such training pro13 grams are operating in at least three refugee proc14 essing regions. 

15 (2) ADDITIONAL IMPLEMENTATION.—Not later 

16 than two years after the date of the enactment of this 

17 Act, the Secretary shall notify the appropriate con18 gressional committees that such training programs 

19 are operating in five refugee processing regions. 

20 (e) GAO REPORT.—Not later than two years after the 

21 date of the enactment of this Act, the Comptroller General 

22 of the United States shall conduct a study on the implemen23 tation of this section, including an assessment of the quality 

24 of English as a second language curriculum and instruc25 tion, the benefits of the orientation and English as a second 


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1 language training program to refugees, and recommenda2 tions on whether such programs should be continued, broad3 ened, or modified, and shall submit to the appropriate con4 gressional committees a report on the findings of such 

5 study. 

6 (f) RULE OF CONSTRUCTION.—Nothing in this section 

7 shall be construed to require that a refugee participate in 

8 such a training program as a precondition for the admis9 sion to the United States of such refugee. 

10 SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED 

11 PERSONS. 

12 (a) IN GENERAL.—The President shall develop and 

13 implement policies and strategies to address the protection, 

14 resettlement, and assistance needs of Iraqi refugees and in15 ternally displaced persons (IDPs), foster long-term solutions 

16 for stabilizing the lives of such refugees and IDPs, monitor 

17 the development and implementation of assistance strategies 

18 to countries in the Middle East that are hosting refugees 

19 from Iraq, encourage the Government of Iraq to actively 

20 engage the problem of displaced persons and refugees and 

21 monitor the Government of Iraq’s resolution of the problem, 

22 and ensure that budget requests to Congress are sufficient 

23 to meet an appropriate United States contribution to the 

24 needs of Iraqi refugees, IDPs within Iraq, and other refugees 

25 in Iraq. 


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1 (b) INTERAGENCY PROCESS.— 

2 (1) IN GENERAL.—The President shall establish 

3 an interagency working group to carry out the goals 

4 of subsection (a) by facilitating interagency coordina5 tion to develop and implement policies to address the 

6 needs of Iraqi refugees and IDPs. 

7 (2) COMPOSITION.—The interagency working 

8 group shall consist of appropriate high-ranking offi9 cials from the National Security Council, the Depart10 ment of State, the Department of Homeland Security, 

11 the United States Agency for International Develop12 ment, and such other agencies as the President may 

13 determine. 

14 (3) ROLE OF SECRETARY OF STATE.—The Sec15 retary of State shall serve as principal liaison with 

16 the Government of Iraq, its neighboring refugee 

17 hosting countries, and the international community 

18 to solicit and direct bilateral and multilateral con19 tributions to address the needs of Iraqi refugees, IDPs, 

20 and returned refugees as well as with nongovern21 mental organizations working for and on behalf of 

22 displaced Iraqis. 

23 (c) INCREASE IN REFUGEE PROCESSING CAPACITY.— 

24 The Secretary of State should, subject to the availability 

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1 crease the resources available to support the processing of 

2 such applicants in Iraq. 

3 (d) HUMANITARIAN ASSISTANCE.—The United States 

4 should seek to ensure that— 

5 (1) other countries make contributions to the 

6 United Nations High Commissioner on Refugees 

7 (UNHCR) and to other international organizations 

8 assisting Iraqi refugees and IDPs; 

9 (2) the United States continues to make con10 tributions that are sufficient to fund not less than 50 

11 percent of the amount requested by the UNHCR and 

12 such other international organizations in each of fis13 cal years 2010 and 2011; and 

14 (3) the Government of Iraq makes significant 

15 contributions to UNHCR and to other international 

16 organizations assisting Iraqi refugees and IDPs. 

17 (e) STATEMENT OF POLICY REGARDING ENCOURAGING

18 VOLUNTARY RETURNS.—It shall be the policy of the United 

19 States to encourage Iraqi refugees to return to Iraq only 

20 when conditions permit safe, sustainable returns on a vol21 untary basis with the coordination of the UNHCR and the 

22 Government of Iraq. 

23 (f) INTERNATIONAL COOPERATION.—The Secretary of 

24 State shall work with the international community, includ25 ing governments hosting the refugees, international organiVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 zations, nongovernmental organizations, and donors, to de2 velop a long-term, comprehensive international strategy for 

3 assistance and solutions for Iraqi refugees and IDPs, and 

4 to provide— 

5 (1) a comprehensive assessment of the needs of 

6 Iraqi refugees and IDPs, and the needs of the popu7 lations that host such refugees and IDPs; 

8 (2) assistance to international organizations as9 sisting IDPs and vulnerable persons in Iraq and 

10 Iraqi refugees in neighboring countries, including 

11 through resettlement; 

12 (3) assistance to international organizations and 

13 other relevant entities, including such organizations 

14 and entities providing psychosocial services and cash 

15 assistance, and such organizations and entities facili16 tating voluntary returns of displaced persons; 

17 (4) technical assistance to the Government of 

18 Iraq to establish better systems for meeting the needs 

19 of Iraqi IDPs and refugees, and to other government 

20 entities, international organizations, or nongovern21 mental organizations developing legal frameworks 

22 and systems to resolve land and housing claim dis23 putes, including restitution; 

24 (5) enhanced residency protections and opportu25 nities for Iraqi refugees to work legally; and 


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1 (6) increased transparency on behalf of host gov2 ernments, international organizations, and non3 governmental organizations that receive assistance for 

4 Iraqi refugees and IDPs. 

5 (g) ENHANCED ACCOUNTING.—To better assess the ben6 efits of United States assistance to Iraqi refugees and IDPs, 

7 the Secretary of State, in coordination with the Adminis8 trator of the United States Agency for International Devel9 opment, as appropriate, shall— 

10 (1) develop performance measures to fully assess 

11 and report progress in achieving United States goals 

12 and objectives for Iraqi refugees and IDPs; and 

13 (2) track and report funding apportioned, obli14 gated, and expended for Iraqi refugee programs in 

15 Jordan, Syria, Lebanon, and the other host countries, 

16 to the extent practicable. 

17 (h) REPORT TO CONGRESS.—Not later than 90 days 

18 after the date of the enactment of this Act and annually 

19 thereafter through 2011, the President shall transmit to the 

20 appropriate congressional committees a report on the im21 plementation of this section. Such report shall include— 

22 (1) information concerning assistance and fund23 ing to host countries and international organizations 

24 and nongovernmental organizations; 


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1 (2) information concerning measures taken by 

2 the United States to increase its capabilities to proc3 ess Iraqi refugees for resettlement, especially from in4 side Iraq; 

5 (3) an evaluation of the effectiveness of measures 

6 implemented by agencies of the Government of Iraq to 

7 assist Iraqi refugees, IDPs, and other vulnerable per8 sons and to facilitate the safe and voluntary return 

9 of refugees; 

10 (4) an accounting of past expenditures and a re11 port on plans for expenditures by the Government of 

12 Iraq on Iraqi refugees and IDPs; and 

13 (5) information gathered in fulfillment of sub14 section (g). 

15 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

16 amounts authorized to be appropriated pursuant to section 

17 104, there is authorized to be appropriated such sums as 

18 may be necessary to carry out this section. 

19 SEC. 236. VIDEOCONFERENCE INTERVIEWS. 

20 (a) PILOT PROGRAM.—The Secretary of State may de21 velop and conduct a two-year pilot program for the proc22 essing of tourist visas using secure remote videoconferencing 

23 technology as a method for conducting visa interviews of 

24 applicants. 


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1 (b) REPORT.—Not later than one year after initiating 

2 the pilot program under subsection (a) and again not later 

3 than three months after the conclusion of the two-year pe4 riod referred to in such subsection, the Secretary of State 

5 shall submit to the appropriate congressional committees a 

6 report on such pilot program. Each such report shall assess 

7 the efficacy of using secure remote videoconferencing tech8 nology as a method for conducting visa interviews of appli9 cants and include recommendations on whether or not the 

10 pilot program should be continued, broadened, or modified. 

11 SEC. 237. TIBET. 

12 (a) TIBET NEGOTIATIONS.—Section 613(a) of the Ti13 betan Policy Act of 2002 (Public Law 107–228; 22 U.S.C. 

14 6901 note) is amended— 

15 (1) in paragraph (1), by inserting before the pe16 riod at the end the following: ‘‘and should coordinate 

17 with other governments in multilateral efforts toward 

18 this goal’’; 

19 (2) by redesignating paragraph (2) as para20 graph (3); and 

21 (3) by inserting after paragraph (1) the fol22 lowing new paragraph: 

23 ‘‘(2) POLICY COORDINATION.—The President 

24 shall direct the National Security Council to ensure 

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1 icy on Tibet is coordinated and communicated with 

2 all Executive Branch agencies in contact with the 

3 Government of China.’’. 

4 (b) BILATERAL ASSISTANCE.—Section 616 of the Ti5 betan Policy Act of 2002 is amended— 

6 (1) by redesignating subsection (d) as subsection 

7 (e); and 

8 (2) by inserting after subsection (c) the following 

9 new subsection: 

10 ‘‘(d) UNITED STATE ASSISTANCE.—The President 

11 shall provide grants to nongovernmental organizations to 

12 support sustainable economic development, cultural and 

13 historical preservation, health care, education, and environ14 mental sustainability projects for Tibetan communities in 

15 the Tibet Autonomous Region and in other Tibetan commu16 nities in China, in accordance with the principles specified 

17 in subsection (e) and subject to the review and approval 

18 of the Special Coordinator for Tibetan Issues under section 

19 621(d).’’. 

20 (c) SPECIAL COORDINATOR FOR TIBETAN ISSUES.— 

21 Section 621 of the Tibetan Policy Act of 2002 is amended— 

22 (1) in subsection (d)— 

23 (A) in paragraph (5), by striking ‘‘and’’ at 

24 the end; 


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1 (B) by redesignating paragraph (6) as 

2 paragraph (7); and 

3 (C) by inserting after paragraph (5) the fol4 lowing new paragraph: 

5 ‘‘(6) review and approve all projects carried out 

6 pursuant to section 616(d); and’’; and 

7 (2) by adding at the end the following new sub8 section: 

9 ‘‘(e) PERSONNEL.—The Secretary shall assign dedi10 cated personnel to the Office of the Special Coordinator for 

11 Tibetan Issues sufficient to assist in the management of the 

12 responsibilities of this section and section 616(d).’’. 

13 (d) DIPLOMATIC REPRESENTATION RELATING TO

14 TIBET.— 

15 (1) UNITED STATES EMBASSY IN BEIJING.— 

16 (A) IN GENERAL.—The Secretary of State is 

17 authorized to establish a Tibet Section within the 

18 United States Embassy in Beijing, People’s Re19 public of China, for the purposes of following po20 litical, economic, and social developments inside 

21 Tibet, including Tibetan areas of Qinghai, 

22 Sichuan, Gansu, and Yunnan provinces, until 

23 such time as a United States consulate in Tibet 

24 is established. Such Tibet Section shall have the 

25 primary responsibility for reporting on human 


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1 rights issues in Tibet and shall work in close co2 operation with the Office of the Special Coordi3 nator for Tibetan Issues. The chief of such Tibet 

4 Section should be of senior rank. 

5 (B) AUTHORIZATION OF APPROPRIA6 TIONS.—Of the amounts authorized to be appro7 priated under section 101, there are authorized 

8 to be appropriated such sums as may be nec9 essary for each of fiscal years 2010 and 2011 to 

10 carry out this paragraph. 

11 (2) IN TIBET.—Section 618 of the Tibetan Policy 

12 Act of 2002 is amended to read as follows: 

13 ‘‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CON14 SULATE IN LHASA, TIBET. 

15 ‘‘The Secretary shall seek to establish a United States 

16 consulate in Lhasa, Tibet, to provide services to United 

17 States citizens traveling to Tibet and to monitor political, 

18 economic, and cultural developments in Tibet, including Ti19 betan areas of Qinghai, Sichuan, Gansu, and Yunnan prov20 inces.’’. 

21 (e) RELIGIOUS PERSECUTION IN TIBET.—Section 

22 620(b) of the Tibetan Policy Act of 2002 is amended by 

23 adding before the period at the end the following: ‘‘, includ24 ing the reincarnation system of Tibetan Buddhism’’. 


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1 SEC. 238. PROCESSING OF CERTAIN VISA APPLICATIONS. 

2 (a) POLICY.—It shall be the policy of the Department 

3 of State to process immigrant visa applications of imme4 diate relatives of United States citizens and nonimmigrant 

5 k-1 visa applications of fiances of United States citizens 

6 within 30 days of the receipt of all necessary documents 

7 from the applicant and the Department of Homeland Secu8 rity. In the case of a visa application where the sponsor 

9 of such applicant is a relative other than an immediate rel10 ative, it should be the policy of the Department of State 

11 to process such an application within 60 days of the receipt 

12 of all necessary documents from the applicant and the De13 partment of Homeland Security. 

14 (b) REVIEW BY HEAD OF CONSULAR SECTION.—For 

15 any visa application described in subsection (a), it shall 

16 be the policy of the Department of State to require the head 

17 of the consular section (or designee) of any United States 

18 diplomatic or consular post to review any such application 

19 that exceeds the applicable time period specified in such 

20 subsection by more than five days, and, as appropriate, 

21 provide for expedited processing of such application. 


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1 Subtitle D—Strengthening Arms 

2 Control and Nonproliferation 

3 Activities at the Department of 

4 State 

5 SEC. 241. FINDINGS AND SENSE OF CONGRESS ON THE 

6 NEED TO STRENGTHEN UNITED STATES 

7 ARMS CONTROL AND NONPROLIFERATION 

8 CAPABILITIES. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) International security relies upon collective 

11 security arrangements and alliances, as unilateral ac12 tions by one country, no matter how powerful, are in13 sufficient to cope effectively with security threats. 

14 (2) In the same manner, collective arrangements, 

15 conventions, and alliances devoted to halting the pro16 liferation of weapons of mass destruction, their means 

17 of production and delivery, frequently institutional18 ized within multilateral treaties and conventions, are 

19 critical to effective collective global action. 

20 (3) In order to safeguard and advance United 

21 States national security, the Department of State 

22 must have the structural and human resources nec23 essary to lead and participate in all international ne24 gotiations, conventions, organizations, arrangements, 


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1 and implementation fora in the field of nonprolifera2 tion and arms control. 

3 (4) North Korea and Iran present fundamental 

4 challenges to the global nonproliferation regime, chal5 lenges that can only be met by active, committed, and 

6 long-term multilateral engagement, participation, 

7 and leadership by the United States. 

8 (5) Further, the United States has outlined an 

9 ambitious agenda in arms control and nonprolifera10 tion for the coming years, including— 

11 (A) the conclusion of a strategic arms re12 duction treaty with Russia that preserves the 

13 benefits of the expiring START I treaty and 

14 makes further reductions in the total number of 

15 nuclear warheads in both countries, consistent 

16 with their national security needs; 

17 (B) United States ratification of the Com18 prehensive Test Ban Treaty (CTBT), considered 

19 a foundational treaty by the global nonprolifera20 tion community for further advances toward 

21 greater stability and the reduction of role of nu22 clear weapons; 

23 (C) the creation of a Fissile Material Cutoff 

24 Treaty (FMCT) to reduce the rate of production 


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1 and ultimately halt the production of militarily2 useful fissile material for nuclear weapons; 

3 (D) the securing of vulnerable nuclear mate4 rial worldwide that could be stolen and utilized 

5 by terrorist groups and rogue countries for nu6 clear and radiological weapons; 

7 (E) the reinvigoration of the Treaty on the 

8 Nonproliferation of Nuclear Weapons (NPT), the 

9 cornerstone of the global nuclear nonproliferation 

10 regime, especially at the 2010 Review Con11 ference; 

12 (F) the expansion and greater development 

13 of the Proliferation Security Initiative (PSI) 

14 and the Global Initiative to Combat Nuclear 

15 Terrorism into durable international institu16 tions; 

17 (G) the disruption and prevention of nu18 clear black markets; 

19 (H) the convening of a Global Summit on 

20 Nuclear Security; 

21 (I) strengthening the infrastructure and 

22 technical and financial resources available to the 

23 International Atomic Energy Agency (IAEA) 

24 and its international nuclear safeguards system; 

25 and 


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1 (J) engaging multiple international conven2 tions and negotiations on restriction on conven3 tional arms of various types. 

4 (b) SENSE OF CONGRESS.—It is the sense of Congress 

5 that— 

6 (1) the Secretary of State should immediately de7 velop a plan to strengthen the capabilities of the De8 partment of State to lead and participate effectively 

9 in all international negotiations and implementation 

10 fora in the field of nonproliferation and arms control, 

11 especially to increase the human, organizational, and 

12 financial resources available to the Undersecretary of 

13 State for Arms Control and International Security; 

14 (2) such plan should— 

15 (A) focus especially on the recruitment and 

16 professional development of civilian and Foreign 

17 Service officers in the areas of arms control and 

18 nonproliferation within the Department of State, 

19 especially to increase the number of personnel as20 signed to arms control and nonproliferation and 

21 enhance recruitment of technical specialists, as 

22 well as provide for the long-term sustainability 

23 of personnel and resources; and 

24 (B) identify measures to make service in 

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1 reaus, and in foreign postings an attractive path 

2 for further promotion within the Foreign Serv3 ice; and 

4 (3) the Secretary of State should regularly keep 

5 Congress informed as to the measures taken to 

6 strengthen the arms control and nonproliferation ca7 pabilities of the Department of State, including what 

8 additional legal authority or appropriations are re9 quired. 

10 SEC. 242. AUTHORIZATION OF ADDITIONAL ARMS CONTROL 

11 AND NONPROLIFERATION POSITIONS. 

12 Of the amounts authorized to be appropriated under 

13 section 101, $3,000,000 is authorized to be appropriated for 

14 an additional 25 positions at the Department of State for 

15 arms control and nonproliferation functions over the num16 ber of such positions in existence as of the date of the enact17 ment of this Act. 

18 SEC. 243. ADDITIONAL AUTHORITY OF THE SECRETARY OF 

19 STATE. 

20 Section 401(d) of the Arms Control and Disarmament 

21 Act (Public Law 87–297; 22 U.S.C. 2581) is amended, in 

22 the first proviso, by striking ‘‘the President’’ and inserting 

23 ‘‘the Secretary of State’’. 


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1 SEC. 244. ADDITIONAL FLEXIBILITY FOR RIGHTSIZING 

2 ARMS CONTROL AND NONPROLIFERATION 

3 FUNCTIONS. 

4 (a) REPEAL.—Section 1112 of the Admiral James W. 

5 Nance and Meg Donovan Foreign Relations Authorization 

6 Act, Fiscal Years 2000 and 2001 (Public Law 106–113) is 

7 repealed. 

8 (b) CLERICAL AMENDMENT.—The table of contents in 

9 section 2(b) of such Act is amended by striking the item 

10 relating to section 1112. 

11 SEC. 245. ARMS CONTROL AND NONPROLIFERATION ROTA12 TION PROGRAM. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—The Secretary of State (in 

15 this section referred to as the ‘‘Secretary’’), in con16 sultation with the heads of other Federal departments 

17 and agencies that are involved in United States arms 

18 control and nonproliferation activities, shall establish 

19 the Arms Control and Nonproliferation Rotation Pro20 gram (in this section referred to as the ‘‘Rotation 

21 Program’’) for employees of the Department of State 

22 (in this section referred to as the ‘‘Department’’) and 

23 such other Federal departments and agencies. The Ro24 tation Program shall use applicable best practices, in25 cluding those prescribed by the Chief Human Capital 

26 Officers Council. Employees of the Department and 


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1 any other Federal department or agency partici2 pating in the Rotation Program may be detailed 

3 among the Department or such department or agency 

4 on a non-reimbursable basis. 

5 (2) GOALS.—The Rotation Program shall— 

6 (A) be established in accordance with the 

7 human capital strategic plan of the Department; 

8 (B) provide midlevel Foreign Service offi9 cers and employees of the Department, and em10 ployees of other Federal departments and agen11 cies concerned with arms control and non12 proliferation responsibilities the opportunity to 

13 broaden their knowledge through exposure to 

14 other areas of the Department and such other 

15 Federal departments and agencies; 

16 (C) expand the knowledge base of the De17 partment by providing for rotational assign18 ments of employees to such other Federal depart19 ments and agencies; 

20 (D) build professional relationships and 

21 contacts among the employees in such other Fed22 eral departments and agencies; 

23 (E) invigorate the Department’s arms con24 trol and nonproliferation workforce with profes25 sionally rewarding opportunities; and 


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1 (F) incorporate human capital strategic 

2 plans and activities of the Department, and ad3 dress critical human capital deficiencies, profes4 sional development, recruitment and retention ef5 forts, and succession planning within the Federal 

6 workforce of the Department. 

7 (3) RESPONSIBILITIES.—The Secretary shall— 

8 (A) provide oversight of the establishment 

9 and implementation of the Rotation Program; 

10 (B) establish a framework that supports the 

11 goals of the Rotation Program and promotes 

12 cross disciplinary rotational opportunities; 

13 (C) establish eligibility for employees of 

14 other Federal departments and agencies con15 cerned with national security responsibilities to 

16 participate in the Rotation Program and select 

17 participants from such employees who apply; 

18 (D) establish incentives for such employees 

19 to participate in the Rotation Program, includ20 ing promotions and employment preferences; 

21 (E) ensure that the Rotation Program pro22 vides professional education and training; 

23 (F) ensure that the Rotation Program devel24 ops qualified employees and future leaders with 


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1 broad based experience throughout the Depart2 ment; and 

3 (G) provide for greater interaction among 

4 employees in such Federal departments and 

5 agencies, including the Agency. 

6 (4) ALLOWANCES, PRIVILEGES, AND BENEFITS.— 

7 All allowances, privileges, rights, seniority, and other 

8 benefits of employees participating in the Rotation 

9 Program shall be preserved. 

10 (5) REPORTING.—Not later than one year after 

11 the date of the establishment of the Rotation Program, 

12 the Secretary shall submit to the appropriate congres13 sional committees a report on the status of the Rota14 tion Program, including a description of the Rotation 

15 Program, the number of individuals participating, 

16 and how the Rotation Program is used in succession 

17 planning and leadership development. 

18 SEC. 246. ARMS CONTROL AND NONPROLIFERATION 

19 SCHOLARSHIP PROGRAM. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—The Secretary of State (in 

22 this section referred to as the ‘‘Secretary’’) shall estab23 lish a scholarship program (to be known as the ‘‘Arms 

24 Control and Nonproliferation Scholarship Program’’) 

25 to award scholarships for the purpose of recruiting 


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1 and preparing students for civilian careers in the 

2 fields of nonproliferation, arms control, and inter3 national security to meet the critical needs of the De4 partment of State (in this section referred to as the 

5 ‘‘Department’’). 

6 (2) SELECTION OF RECIPIENTS.— 

7 (A) MERIT AND AGENCY NEEDS.—Individ8 uals shall be selected to receive scholarships 

9 under this section through a competitive process 

10 primarily on the basis of academic merit and 

11 the arms control and nonproliferation needs of 

12 the Department. 

13 (B) DEMONSTRATED COMMITMENT.—Indi14 viduals selected under this section shall have a 

15 demonstrated interest in public service and a 

16 commitment to the field of study for which the 

17 scholarship is awarded. 

18 (3) CONTRACTUAL AGREEMENTS.—In order to 

19 carry out the scholarship program, the Secretary shall 

20 enter into contractual agreements with individuals se21 lected under paragraph (2) pursuant to which such 

22 individuals agree to serve as full-time employees of 

23 the Department, for a period to be determined by the 

24 Secretary, not to exceed six years, in arms control 

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1 ment and for which the individuals are qualified, in 

2 exchange for receiving a scholarship. 

3 (b) ELIGIBILITY.—Except as provided in subjection 

4 (f), in order to be eligible to participate in the scholarship 

5 program, an individual shall be enrolled or accepted for en6 rollment as a full-time student at an institution of higher 

7 education and be pursuing or intend to pursue under8 graduate or graduate education in an academic field or dis9 cipline specified in the list made available under subsection 

10 (d) and be a United States citizen. 

11 (c) APPLICATION.—An individual seeking a scholar12 ship under this section shall submit to the Secretary an ap13 plication at such time, in such manner, and containing 

14 such information, agreements, or assurances as the Sec15 retary may require. 

16 (d) PROGRAMS AND FIELDS OF STUDY.—The Sec17 retary shall make publicly available a list of academic pro18 grams and fields of study for which scholarships under this 

19 section may be awarded. 

20 (e) SCHOLARSHIPS.— 

21 (1) IN GENERAL.—The Secretary may award a 

22 scholarship under this section for an academic year 

23 if the individual applying for the scholarship has sub24 mitted to the Secretary, as part of the application re25 quired under subsection (c), a proposed academic proVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 gram leading to a degree in a program or field of 

2 study specified on the list made available under sub3 section (d). 

4 (2) LIMITATION ON YEARS.—An individual may 

5 not receive a scholarship under this section for more 

6 than four academic years, unless the Secretary grants 

7 a waiver. 

8 (3) STUDENT RESPONSIBILITIES.—Scholarship 

9 recipients shall maintain satisfactory academic 

10 progress. 

11 (4) AMOUNT.—The dollar amount of a scholar12 ship awarded under this section for an academic year 

13 shall be determined under regulations issued by the 

14 Secretary, but shall in no case exceed the cost of tui15 tion, fees, and other authorized expenses as deter16 mined by the Secretary. 

17 (5) USE OF SCHOLARSHIPS.—A scholarship 

18 awarded under this section may be expended for tui19 tion, fees, and other authorized expenses as established 

20 by the Secretary by regulation. 

21 (6) PAYMENT TO INSTITUTION OF HIGHER EDU22 CATION.—The Secretary may enter into a contractual 

23 agreement with an institution of higher education 

24 under which the amounts provided for a scholarship 

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1 ized expenses are paid directly to the institution with 

2 respect to which such scholarship is awarded 

3 (f) SPECIAL CONSIDERATION FOR CURRENT EMPLOY4 EES.—Notwithstanding subsection (b), up to five percent of 

5 the scholarships awarded under this section may be set 

6 aside for individuals who are Federal employees on the date 

7 of the enactment of this Act to enhance the education of 

8 such employees in areas of critical arms control or non9 proliferation needs of the Department, for undergraduate 

10 or graduate education under the scholarship on a full-time 

11 or part-time basis. 

12 (g) REPAYMENT.— 

13 (1) IN GENERAL.—A scholarship recipient who 

14 fails to maintain a high level of academic standing, 

15 as defined by the Secretary who is dismissed for dis16 ciplinary reasons from the educational institution 

17 such recipient is attending, or who voluntarily termi18 nates academic training before graduation from the 

19 educational program for which the scholarship was 

20 awarded shall be in breach of the contractual agree21 ment under subsection (a)(3) and, in lieu of any serv22 ice obligation arising under such agreement, shall be 

23 liable to the United States for repayment within one 

24 year after the date of such default of all scholarship 

25 funds paid to such recipient and to the institution of 


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1 higher education on the behalf of such recipient under 

2 such agreement. The repayment period may be ex3 tended by the Secretary if the Secretary determines 

4 such to be necessary, as established by regulation. 

5 (2) LIABILITY.—A scholarship recipient who, for 

6 any reason, fails to begin or complete the service obli7 gation under the contractual agreement under sub8 section (a)(3) after completion of academic training, 

9 or fails to comply with the terms and conditions of 

10 deferment established by the Secretary under para11 graph (1), shall be in breach of such contractual 

12 agreement and shall be liable to the United States for 

13 an amount equal to— 

14 (A) the total amount of the scholarship re15 ceived by such recipient under this section; and 

16 (B) the interest on such amounts which 

17 would be payable if at the time the scholarship 

18 was received such scholarship was a loan bearing 

19 interest at the maximum legally prevailing rate. 

20 (h) REGULATIONS.—The Secretary shall prescribe reg21 ulations necessary to carry out this section. 

22 (i) INSTITUTION OF HIGHER EDUCATION DEFINED.— 

23 In this section, the term ‘‘institution of higher education’’ 

24 has the meaning given such term under section 101 of the 

25 Higher Education Act of 1965 (20 U.S.C. 1001). 


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1 (j) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amounts authorized to be appropriated under section 101, 

3 such sums as may be necessary are authorized to be appro4 priated to carry out this section. 

5 SEC. 247. SCIENTIFIC ADVISORY COMMITTEE. 

6 (a) ESTABLISHMENT.— 

7 (1) IN GENERAL.—The President may establish a 

8 Scientific Advisory Committee (in this section re9 ferred to as the ‘‘Committee’’) of not to exceed ten 

10 members, not fewer than eight of whom shall be sci11 entists. 

12 (2) APPOINTMENT.—If the Committee is estab13 lished in accordance with paragraph (1), the members 

14 of the Committee shall be appointed by the President, 

15 as follows: 

16 (A) One member, who shall be a person of 

17 special scientific distinction, shall be appointed 

18 by the President, by and with the advice and 

19 consent of the Senate, as Chairman of the Com20 mittee. 

21 (B) Nine other members shall be appointed 

22 by the President. 

23 (3) MEETINGS.—If the Committee is established 

24 in accordance with paragraph (1), the Committee 

25 shall meet not less often than twice per year. 


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1 (b) FUNCTION.—If the Committee is established in ac2 cordance with subsection (a)(1), the Committee shall advise 

3 the President, the Secretary of State, and the Undersecre4 tary for Arms Control and International Security regard5 ing scientific, technical, and policy matters affecting arms 

6 control and nonproliferation. 

7 (c) REIMBURSEMENT OF EXPENSES.—If the Com8 mittee is established in accordance with subsection (a)(1), 

9 the members of the Committee may receive reimbursement 

10 of expenses only in accordance with the provisions applica11 ble to the reimbursement of experts and consultants under 

12 section 401(d) of the Arms Control and Disarmament Act 

13 (Public Law 87–297; 22 U.S.C. 2581(d)). 

14 (d) SCIENTIST DEFINED.—In this section, the term 

15 ‘‘scientist’’ means an individual who has a demonstrated 

16 knowledge and technical expertise with respect to arms con17 trol, nonproliferation, and disarmament matters and who 

18 has distinguished himself or herself in any of the fields of 

19 physics, chemistry, mathematics, biology, or engineering, 

20 including weapons engineering. 


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1 TITLE III—ORGANIZATION AND 

2 PERSONNEL AUTHORITIES 

3 Subtitle A—Towards Modernizing 

4 the Department of State 

5 SEC. 301. TOWARDS A MORE MODERN AND EXPEDITIONARY 

6 FOREIGN SERVICE. 

7 (a) TARGETED EXPANSION OF FOREIGN SERVICE.— 

8 The Secretary of State shall expand the Foreign Service 

9 to— 

10 (1) fill vacancies, particularly those vacancies 

11 overseas that are critical to key United States foreign 

12 policy and national security interests, and, in par13 ticular, to prevent crises before they emerge; 

14 (2) increase the capacity of the Department of 

15 State to assign and deploy Foreign Service officers 

16 and other personnel to prevent, mitigate, and respond 

17 to international crises and instability in foreign 

18 countries that threaten key United States foreign pol19 icy and national security interests; and 

20 (3) ensure that before being assigned to assign21 ments requiring new or improved skills, members of 

22 the Foreign Service, other than foreign national em23 ployees and consular agents (as such terms are de24 fined in section 103 of the Foreign Service Act of 

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1 guage, security, area, and other training that is nec2 essary to successfully execute their responsibilities and 

3 to enable such members to obtain advanced and other 

4 education that will increase the capacity of the For5 eign Service to complete its mission. 

6 (b) AUTHORIZED INCREASES.— 

7 (1) AT THE DEPARTMENT OF STATE.—The Sec8 retary of State is authorized to hire an additional 

9 750 members of the Foreign Service (above attrition) 

10 in fiscal year 2010 over the number of such members 

11 employed as of September 30, 2009, and an addi12 tional 750 members of the Foreign Service (above at13 trition) in fiscal year 2011 over the number of such 

14 members employed as of September 30, 2010. 

15 (2) AT USAID.—The Administrator of the United 

16 States Agency for International Development is au17 thorized to hire an additional 350 members of the 

18 Foreign Service (above attrition) in fiscal year 2010 

19 over the number of such members employed as of Sep20 tember 30, 2009, and an additional 350 members of 

21 the Foreign Service (above attrition) in fiscal year 

22 2011 over the number of such members employed as 

23 of September 30, 2010. 

24 (3) RULE OF CONSTRUCTION.—Nothing in this 

25 subsection shall be construed as limiting the authority 


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1 of the Secretary of State or the Administrator of the 

2 United States Agency for International Development 

3 to hire personnel. 

4 (c) EXPANSION OF FUNCTIONS OF THE FOREIGN SERV5 ICE.—Section 104 of the Foreign Service Act of 1980 (22 

6 U.S.C. 3904) is amended— 

7 (1) by redesignating paragraphs (2) and (3) as 

8 paragraphs (3) and (4), respectively; and 

9 (2) by inserting after paragraph (1) the fol10 lowing new paragraph: 

11 ‘‘(2) work actively to prevent, mitigate, and re12 spond in a timely manner to international crises and 

13 instability in foreign countries that threaten the key 

14 United States foreign policy and national security in15 terests;’’. 

16 (d) WORLDWIDE AVAILABILITY.—Section 301(b) of the 

17 Foreign Service Act of 1980 (22 U.S.C. 3941(b)) is amend18 ed— 

19 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 

20 and 

21 (2) by adding at the end the following new para22 graph: 

23 ‘‘(2)(A) Except as provided in subparagraphs (B) and 

24 (C), at the time of entry into the Service, each member of 

25 the Service shall be available to be assigned worldwide. 


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1 ‘‘(B) With respect to the medical eligibility of any ap2 plicant for appointment as a Foreign Service officer can3 didate, the Secretary of State shall determine such avail4 ability through appropriate medical examinations. If based 

5 on such examinations the Secretary determines that such 

6 applicant is ineligible to be assigned worldwide, the Sec7 retary may waive the worldwide availability requirement 

8 under subparagraph (A) if the Secretary determines that 

9 such waiver is required to fulfill a compelling Service need. 

10 The Secretary shall establish an internal administrative re11 view process for medical ineligibility determinations. 

12 ‘‘(C) The Secretary may also waive or reduce the 

13 worldwide availability requirement under subparagraph 

14 (A) if the Secretary determines, in the Secretary’s discre15 tion, that such waiver or reduction is warranted.’’. 

16 (e) RECRUITING CANDIDATES WHO HAVE EXPERI17 ENCE IN UNSTABLE SITUATIONS.—Section 301 of the For18 eign Service Act of 1980 (22 U.S.C. 3941), as amended by 

19 section 212(c) of this Act, is further amended by adding 

20 at the end the following new subsection: 

21 ‘‘(f) EXPERIENCE IN UNSTABLE SITUATIONS.—The 

22 fact that an applicant for appointment as a Foreign Serv23 ice officer candidate has the experience of working in situa24 tions where public order has been undermined by insta25 bility, or where there is no civil authority that can effecVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 tively provide public safety, may be considered an affirma2 tive factor in making such appointments.’’. 

3 (f) TRAINING.—Section 708 of the Foreign Service Act 

4 of 1980 (22 U.S.C. 4028) is amended by adding at the end 

5 the following new subsections: 

6 ‘‘(c) The Secretary of State shall ensure that members 

7 of the Service, other than foreign national employees and 

8 consular agents, as appropriate, receive training on meth9 ods for conflict mitigation and resolution and on the nec10 essary skills to be able to function successfully where public 

11 order has been undermined by instability or where there 

12 is no civil authority that can effectively provide public safe13 ty. 

14 ‘‘(d) The Secretary of State shall ensure that members 

15 of the Service, other than foreign national employees and 

16 consular agents, as appropriate, have opportunities during 

17 their careers to obtain advanced education and training in 

18 academic and other relevant institutions in the United 

19 States and abroad to increase the capacity of the Service 

20 to fulfill its mission.’’. 

21 SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DE22 VELOPMENT. 

23 (a) DEVELOPMENT OF NATIONAL STRATEGY ON DI24 PLOMACY AND DEVELOPMENT.— 


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1 (1) IN GENERAL.—Not later than December 1, 

2 2010, the President shall develop and transmit to the 

3 appropriate congressional committees a national 

4 strategy on United States diplomacy and develop5 ment. The strategy shall include the following: 

6 (A) An identification of key objectives and 

7 missions for United States foreign policy and 

8 foreign assistance policies and programs, includ9 ing a clear statement on United States objectives 

10 for development assistance. 

11 (B) A description of the roles of civilian 

12 agencies and mechanisms for implementing such 

13 strategy, including interagency coordination. 

14 (C) The requirements for overseas infra15 structure necessary to carry out such strategy. 

16 (D) Plans to adapt such agencies and mech17 anisms to changing circumstances and the role of 

18 international institutions in such strategy. 

19 (E) Budget requirements to carry out such 

20 strategy. 

21 (F) Other elements of United States foreign 

22 policy and foreign assistance policies and pro23 grams with a view toward determining and ex24 pressing the strategy of the United States and esVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 tablishing a diplomacy and development pro2 gram for the next ten years. 

3 (2) RELATIONSHIP TO NATIONAL SECURITY

4 STRATEGY.—The strategy described in paragraph (1) 

5 shall be consistent with any National Security Strat6 egy prescribed by the President pursuant to section 

7 108 of the National Security Act of 1947 (50 U.S.C. 

8 404a) that has been issued after the date of the enact9 ment of this Act. 

10 (b) REVIEW REQUIRED.— 

11 (1) IN GENERAL.—Beginning in 2013, the Presi12 dent shall every four years, during a year following 

13 a year evenly divisible by four, conduct a comprehen14 sive examination (to be known as a ‘‘Quadrennial Re15 view of Diplomacy and Development’’) of the national 

16 strategy for United States diplomacy and develop17 ment described in subsection (a). 

18 (2) KEY ELEMENTS OF REVIEW.—The review de19 scribed in paragraph (1) shall include the following: 

20 (A) A review of all elements of the strategy 

21 described in subsection (a), consistent with the 

22 most recent National Security Strategy pre23 scribed by the President pursuant to section 108 

24 of the National Security Act of 1947 (50 U.S.C. 


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1 404a) that has been issued after the date of the 

2 enactment of this Act. 

3 (B) A review of the roles and responsibil4 ities of Federal departments and agencies in car5 rying out the strategy described in subsection (a) 

6 and the mechanisms for cooperation between 

7 such departments and agencies, including the co8 ordination of such departments and agencies and 

9 the relationship between the principal offices of 

10 such departments and agencies and offices defin11 ing sufficient capacity, resources, overseas infra12 structure, budget plan, and other elements of 

13 United States diplomacy and development of the 

14 United States that would be required to have a 

15 high level of confidence that the United States 

16 can successfully execute the full range of missions 

17 called for in such strategy. 

18 (C) Identifying the budget plan that would 

19 be required to provide sufficient resources to exe20 cute successfully the full range of missions called 

21 for in the strategy described in subsection (a) at 

22 a high level of success and any additional re23 sources required to achieve such a level of success. 

24 (D) Making recommendations that are not 

25 constrained to comply with the budget submitted 


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1 to Congress by the President pursuant to section 

2 1105(a) of title 31, United States Code. 

3 (3) INTERAGENCY COORDINATION AND CON4 SULTATION.— 

5 (A) IN GENERAL.—Each Quadrennial Re6 view of Diplomacy and Development shall take 

7 into account the views of the Secretary of State, 

8 the Administrator of the United States Agency 

9 for International Development, the Secretary of 

10 Defense, the Secretary of the Treasury, the 

11 United States Trade Representative, and the 

12 head of any other relevant agency. 

13 (B) DELEGATION.—If the President dele14 gates the requirements of this section, the head of 

15 the Federal department or agency to whom such 

16 delegation is made shall consult with each offi17 cial specified in subparagraph (A). 

18 (c) CONSULTATION WITH OUTSIDE STAKEHOLDERS.— 

19 In developing the strategy required under subsection (a) 

20 and conducting the review required under subsection (b), 

21 the President shall consult with private businesses, non-gov22 ernmental organizations involved in diplomacy and devel23 opment, and experts at academic institutions or institu24 tions involved in the study of foreign policy or development 

25 matters. 


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1 (d) QRDD AND CONGRESSIONAL COMMITTEES.— 

2 (1) CONSULTATION.—In developing the strategy 

3 required under subsection (a) and conducting the re4 view required under subsection (b), the President shall 

5 consult with the appropriate congressional commit6 tees. 

7 (2) REPORT.—The President shall transmit to 

8 the appropriate congressional committees a report on 

9 each Quadrennial Review of Diplomacy and Develop10 ment. The report shall be submitted in the year fol11 lowing the year in which such a Quadrennial Review 

12 is conducted, but not later than the date on which the 

13 President submits the budget for the next fiscal year 

14 to Congress under section 1105(a) of title 31, United 

15 States Code. The report shall include the following: 

16 (A) The results of such a Quadrennial Re17 view, including a comprehensive discussion of 

18 the national strategy for United States foreign 

19 policy and foreign assistance policies and pro20 grams, the roles and responsibilities of and stra21 tegic guidance for civilian agencies and mecha22 nisms in implementing such strategy, the re23 quirements for overseas infrastructure necessary 

24 to carry out such strategy, plans to adapt such 

25 agencies and mechanisms to changing cirVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 cumstances, and the role of international institu2 tions in such strategy. 

3 (B) The assumed or defined objectives and 

4 missions that inform the national strategy for 

5 United States foreign policy and foreign assist6 ance policies and programs. 

7 (C) The threats to the assumed or defined 

8 objectives and missions of the United States that 

9 were examined for the purposes of such a Quad10 rennial Review. 

11 (D) The assumptions used in such a Quad12 rennial Review, including assumptions relating 

13 to— 

14 (i) the capacity of United States diplo15 matic and development personnel to respond 

16 to such threats; 

17 (ii) the cooperation and capacity of al18 lies, other friendly countries, and inter19 national institutions in addressing such 

20 threats; 

21 (iii) levels of engagement in operations 

22 other than war and smaller-scale contin23 gencies and withdrawal from such oper24 ations and contingencies; and 


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1 (iv) the intensity, duration, and mili2 tary and political end-states of conflicts and 

3 smaller-scale contingencies that arise in the 

4 diplomatic and development context. 

5 (E) The anticipated roles and missions of 

6 the reserve components available to civilian 

7 agencies, including capabilities and resources 

8 necessary to assure that such reserve components 

9 can capably discharge such roles and missions. 

10 (F) The extent to which diplomatic and de11 velopment personnel need to be shifted to dif12 ferent regions to carry out the national strategy 

13 under subsection (a). 

14 (G) Any other matter the Secretary con15 siders appropriate. 

16 (e) INDEPENDENT PANEL ASSESSMENT.— 

17 (1) IN GENERAL.—Not later than six months be18 fore the date on which the report on a Quadrennial 

19 Review of Diplomacy and Development is to be trans20 mitted under subsection (d), the President shall estab21 lish a panel to conduct an assessment of such a Quad22 rennial Review. 

23 (2) REPORT ON ASSESSMENT.—Not later than 

24 three months after the date on which the report on 

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1 section (d), the panel established under paragraph (1) 

2 shall submit to the appropriate congressional commit3 tees an assessment of such a Quadrennial Review, in4 cluding an assessment of the recommendations of such 

5 a Quadrennial Review, the stated and implied as6 sumptions incorporated in such a Quadrennial Re7 view, and the vulnerabilities of the strategy under8 lying such a Quadrennial Review. 

9 (f) EXCLUSION.—Any provision in this section relat10 ing to budgets or budget plans shall not be construed to re11 quire any information on any program that is funded from 

12 accounts within budget function 050 (National Defense). 

13 SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED CEN14 TER. 

15 (a) ESTABLISHMENT.—The Secretary of State, in con16 sultation with the Administrator of the United States Agen17 cy for International Development (USAID), is authorized 

18 to establish in the Department of State and under the au19 thority of the Undersecretary for Management a Lessons 

20 Learned Center (referred to in this section as the ‘‘LLC’’) 

21 which will serve as a central organization for collection, 

22 analysis, archiving, and dissemination of observations, best 

23 practices, and lessons learned by, from, and to Foreign 

24 Service officers and support personnel in the Department 

25 of State and USAID. 


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1 (b) PURPOSE.—The purpose of the LLC is to increase, 

2 enhance, and sustain the ability of the Department of State 

3 and USAID to effectively carry out their missions by devis4 ing a system for the collection, analysis, archiving, and dis5 semination of lessons learned, improving information shar6 ing and learning capacity, and enabling, encouraging, and 

7 rewarding critical, innovative analysis. 

8 (c) REPORT.—Not later than 180 days after the date 

9 of the enactment of this Act, the Secretary of State shall 

10 submit to the appropriate congressional committees a report 

11 on the status of efforts to establish the LLC. The report shall 

12 include recommendations— 

13 (1) concerning the regulation and structure of 

14 the LLC, including— 

15 (A) how to encourage service in the LLC; 

16 (B) how to provide for the necessary aca17 demic freedom to provide innovative, critical 

18 analysis; 

19 (C) how to ensure that the staffing of the 

20 LLC is a mix of senior and junior staff of the 

21 Foreign Service and civil service in the Depart22 ment of State and USAID; 

23 (D) the anticipated expenditures associated 

24 with the establishment of the LLC under sub25 section (a); and 


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1 (E) physical structure of the LLC; and 

2 (2) for any legislation necessary to establish the 

3 LLC. 

4 (d) DEFINITIONS.—In this section: 

5 (1) ACADEMIC FREEDOM.—The term ‘‘academic 

6 freedom’’ means the capability, capacity, and author7 ization to produce analysis and evaluation without 

8 concern for retaliation or other negative impact on 

9 the observer’s career. 

10 (2) LESSONS LEARNED.—The term ‘‘lessons 

11 learned’’ means information resulting from evalua12 tion or observation of negotiations, operations, exer13 cises, training events, or other processes and experi14 ences, particularly any corrective measures or innova15 tive techniques, that produced an improved perform16 ance or increased capability. 

17 SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION. 

18 (a) FINDINGS.—Congress finds the following: 

19 (1) United States diplomatic and consular mis20 sions worldwide retain over 51,000 locally employed 

21 staff under local compensation plans (LCP’s) in 

22 about 170 overseas missions. 

23 (2) The locally employed staff is the backbone of 

24 diplomatic operations, providing management, pro25 grammatic, security, maintenance, custodial, and 


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1 other services wherever the Department of State has 

2 established an overseas post. 

3 (3) Foreign Service and other United States offi4 cers who rotate in-and-out of such missions every two 

5 to three years are highly dependent on the local em6 ployees to bring them up to speed and make sure that 

7 the work of any such mission does not falter in tran8 sitions during rotations. 

9 (4) As the number of positions at such missions 

10 designated for United States officers that are not 

11 filled continues to increase, locally employed staff are 

12 called upon to assume many of the responsibilities 

13 that United States staff have carried in the past. 

14 (5) Based on a survey conducted by the Office of 

15 the Inspector General (OIG) Department of State, the 

16 United States is failing to provide a competitive com17 pensation package for locally employed staff that is 

18 commensurate with their experience, technical skills, 

19 and responsibilities. 

20 (6) The Department of State OIG survey data 

21 show that the United States Government is providing 

22 salary increases that are approximately 60 percent of 

23 what is the prevailing practice of the local labor mar24 ket. 


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1 (7) The Department of State OIG has found nu2 merous cases in which such missions are losing staff 

3 to other employers. The OIG has also found numerous 

4 cases where it is difficult to replace employees who left 

5 to take other jobs, particularly in countries with low 

6 unemployment rates. 

7 (b) POLICY REVIEW.—The Secretary of State shall di8 rect a policy review to assess the adequacy of locally em9 ployed staff compensation. In carrying out such policy re10 view the Secretary shall consider the recommendations of 

11 the Office of the Inspector General of the Department of 

12 State, including the following: 

13 (1) The Bureau of Human Resources, in coordi14 nation with the Office of Management, Policy, 

15 Rightsizing and Innovation, should hire an outside 

16 contractor with international experience to perform 

17 an organizational review of the Compensation Man18 agement Division of the Office of Overseas Employ19 ment to advise on the organization of the compensa20 tion management division and on how many analysts 

21 are required to handle the compensation management 

22 responsibilities, and to recommend training and cer23 tifications the analysts should obtain. 

24 (2) The Office of Management, Policy, 

25 Rightsizing and Innovation, in coordination with the 


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1 Bureau of Human Resources and the Bureau of Re2 source Management, should ensure that the working 

3 group on locally employed staff compensation reviews 

4 the connectivity between the activities of the Office of 

5 Overseas Employment and the Office of State Pro6 grams, Operations and Budget in the Bureau of Re7 source Management, and makes and distributes writ8 ten, documented determinations as to the data used 

9 by the two offices to make estimates of locally em10 ployed staff compensation adjustments, the timing of 

11 these activities, and the responsibility each office has 

12 for tracking implementation of locally employed staff 

13 compensation adjustments. 

14 (3) The Bureau of Human Resources, in coordi15 nation with the Office of Management, Policy, 

16 Rightsizing and Innovation, should implement a lo17 cally employed staff compensation review process 

18 whereby the Office of Overseas Employment in the 

19 Bureau of Human Resources reviews and adjust each 

20 post’s salary schedule every five years based on a re21 cent salary survey. During the intervening years, the 

22 Department should authorize cost-of-living (or infla23 tion) adjustments based on reliable inflation data. 

24 (4) The Bureau of Human Resources, in coordi25 nation with the Office of Management, Policy, 


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1 Rightsizing and Innovation, should implement a sys2 tematic process of providing comprehensive informa3 tion to diplomatic and consular missions, Depart4 ment of State offices, and agency headquarters on 

5 periodic salary survey reviews, including comprehen6 sible salary survey analysis, explanations of salary 

7 survey changes, and if appropriate, copies of the off8 the-shelf surveys for the host country. This approach 

9 should be documented and made a part of the periodic 

10 process. 

11 (5) The Bureau of Human Resources, in coordi12 nation with the Office of Management, Policy, 

13 Rightsizing and Innovation, the regional bureaus, 

14 and the Bureau of Resource Management, should es15 tablish, maintain, and monitor a database that tracks 

16 information related to locally employed staff com17 pensation and adjustments, including budgetary re18 sources, salary level ceilings calculated by the Office 

19 of Overseas Employment, salary levels requested by 

20 post, salary levels implemented, dates for these activi21 ties, and calculations of whether the Department is 

22 meeting prevailing practice. This database should re23 place the current practice of communicating salary 

24 review information by cable. 


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1 (6) The Bureau of Human Resources, in coordi2 nation with the Office of Management, Policy, 

3 Rightsizing and Innovation, should evaluate the pos4 sibility of using different pay setting data estab5 lishing different pay scales for blue-collar positions 

6 and for professional level positions, and should issue 

7 and distribute a written report on the findings and 

8 the possibility of implementing the findings. 

9 (7) The Office of Management, Policy, 

10 Rightsizing and Innovation should ensure that the 

11 working group on locally employed staff compensation 

12 considers the possibility of including members from 

13 other United States Government agencies that employ 

14 locally employed staff. Whether this recommendation 

15 is implemented or not, the Office of Management, Pol16 icy, Rightsizing and Innovation should document the 

17 decision in writing, and distribute the decision wide18 ly in the Department of State and to other agencies 

19 that employ locally employed staff. 

20 (8) The Office of Management, Policy, 

21 Rightsizing and Innovation should ensure that the 

22 working group on locally employed staff compensation 

23 considers the possibility of centralizing decision mak24 ing for locally employed staff salary increases, and, 

25 whether such is eventually implemented or not, make 


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1 a determination as to its value, document the decision 

2 in writing, and distribute the decision widely in the 

3 Department of State. 

4 (9) The Bureau of Human Resources, in co5 operation with Resource Management International 

6 Cooperative Administrative Support Services, should 

7 establish a senior level interagency locally employed 

8 staff board of governors to set overall locally employed 

9 staff policy. 

10 (10) The Bureau of Human Resources should 

11 send the cable announcing the proposed salary in12 creases for locally employed staff to the attention of 

13 both the chief of mission and the management officer. 

14 (11) The Bureau of Human Resources should re15 quest a list of position titles and grades from all posi16 tions with exception rate ranges and details on the ex17 ception rate range adjustments in the 2010 Locally 

18 Employed Staff Compensation Questionnaire. 

19 (c) REPORT.—Not later than 90 days after the date 

20 of the enactment of this Act, the Secretary of State shall 

21 submit to the appropriate committees a report on the imple22 mentation of this section, including a review of efforts to 

23 implement the recommendations of the Office of the Inspec24 tor General of the Department of State specified in sub25 section (b). 


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1 Subtitle B—Foreign Service Pay 

2 Equity and Death Gratuity 

3 SEC. 311. SHORT TITLE. 

4 This subtitle may be cited as the ‘‘Foreign Service 

5 Overseas Pay Equity Act of 2009’’. 

6 SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

7 (a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 

8 (1) IN GENERAL.—Chapter 4 of title I of the 

9 Foreign Service Act of 1980 (22 U.S.C. 3961 and fol10 lowing) is amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

13 ‘‘(a) IN GENERAL.—A member of the Service who is 

14 designated class 1 or below for purposes of section 403 and 

15 whose official duty station is neither in the continental 

16 United States nor in a non-foreign area shall receive, in 

17 accordance with the phase-in schedule set forth in subsection 

18 (c), a locality-based comparability payment (stated as a 

19 percentage) equal to the locality-based comparability pay20 ment (stated as a percentage) that would be provided under 

21 section 5304 of title 5, United States Code, if such member’s 

22 official duty station were in the District of Columbia. 

23 ‘‘(b) TREATMENT AS BASIC PAY.—The amount of any 

24 locality-based comparability payment which is payable to 

25 a member of the Service by virtue of this section— 


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1 ‘‘(1) shall be considered to be part of the basic 

2 pay of such member— 

3 ‘‘(A) for the same purposes as provided for 

4 under section 5304(c)(2)(A) of title 5, United 

5 States Code; and 

6 ‘‘(B) for purposes of chapter 8; and 

7 ‘‘(2) shall be subject to any limitations on pay 

8 applicable to locality-based comparability payments 

9 under section 5304 of title 5, United States Code. 

10 ‘‘(c) PHASE-IN.—The locality-based comparability 

11 payment payable to a member of the Service under this sec12 tion shall— 

13 ‘‘(1) beginning on the first day of the first pay 

14 period that is 90 days after the date of the enactment 

15 of this subsection, be equal to 33.33 percent of the 

16 payment which would otherwise apply under sub17 section (a); 

18 ‘‘(2) beginning on the first day of the first pay 

19 period in April 2010, be equal to 66.67 percent of the 

20 payment which would otherwise apply under sub21 section (a); and 

22 ‘‘(3) beginning on the first day of the first pay 

23 period in fiscal year 2011 and each subsequent fiscal 

24 year, be equal to the payment determined under sub25 section (a). 


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1 ‘‘(d) NON-FOREIGN AREA DEFINED.—For purposes of 

2 this section, the term ‘non-foreign area’ has the same mean3 ing as is given such term in regulations carrying out sec4 tion 5941 of title 5, United States Code.’’. 

5 (2) CONFORMING AMENDMENT.—The table of 

6 contents set forth in section 2 of such Act is amended 

7 by inserting after the item relating to section 414 the 

8 following: 

‘‘Sec. 415. Overseas comparability pay adjustment.’’. 

9 (b) CONFORMING AMENDMENTS RELATING TO THE

10 FOREIGN SERVICE RETIREMENT SYSTEMS.— 

11 (1) CONTRIBUTIONS TO THE FUND.—Effective as 

12 of the first pay period beginning on or after October 

13 1, 2010, section 805(a) of the Foreign Service Act of 

14 1980 (22 U.S.C. 4045(a)) is amended— 

15 (A) in paragraph (1)— 

16 (i) in the first sentence, by striking 

17 ‘‘7.25 percent’’ and inserting ‘‘7 percent’’; 

18 and 

19 (ii) in the second sentence, by striking 

20 ‘‘The contribution by the employing agen21 cy’’ through ‘‘and shall be made’’ and in22 serting ‘‘An equal amount shall be contrib23 uted by the employing agency’’; 

24 (B) in paragraph (2)— 


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1 (i) in subparagraph (A), by striking ‘‘, 

2 plus an amount equal to .25 percent of 

3 basic pay’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘, plus an amount equal to .25 percent of 

6 basic pay’’; and 

7 (C) in paragraph (3), by striking all that 

8 follows ‘‘Code’’ and inserting a period. 

9 (2) COMPUTATION OF ANNUITIES.—Section 

10 806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is 

11 amended by striking ‘‘is outside the continental 

12 United States shall’’ and inserting ‘‘was outside the 

13 continental United States during the period begin14 ning on December 29, 2002, and ending on the day 

15 before the first day of the first pay period beginning 

16 on or after October 1, 2011 (or during any portion 

17 thereof), shall, to the extent that such computation is 

18 based on the basic salary or basic pay of such member 

19 for such period (or portion thereof),’’. 

20 (3) ENTITLEMENT TO ANNUITY.—Section 

21 855(a)(3) of such Act (22 U.S.C. 4071d(a)(3)) is 

22 amended— 

23 (A) by striking ‘‘section 8414’’ and insert24 ing ‘‘section 8415’’; and 


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1 (B) by striking ‘‘is outside the continental 

2 United States shall’’ and inserting ‘‘was outside 

3 the continental United States during the period 

4 beginning on December 29, 2002, and ending on 

5 the day before the first day of the first pay pe6 riod beginning on or after October 1, 2011 (or 

7 during any portion thereof), shall, to the extent 

8 that such computation is based on the basic sal9 ary or basic pay of such member for such period 

10 (or portion thereof),’’. 

11 (4) DEDUCTIONS AND WITHHOLDINGS FROM

12 PAY.—Section 856(a)(2) of such Act (22 U.S.C. 

13 4071e(a)(2)) is amended to read as follows: 

14 ‘‘(2) The applicable percentage under this sub15 section 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.’’. 

16 (c) REPORTING REQUIREMENTS.—Not later than Oc17 tober 1, 2010, the Secretary of State shall submit to the 


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1 appropriate congressional committees an assessment of all 

2 allowances provided to members of the Foreign Service 

3 under the Foreign Service Act of 1980 or under title 5, 

4 United States Code, and in particular, how such allowances 

5 have been or will be affected by the amendments to the For6 eign Service Act of 1980 made by this Act. 

7 SEC. 313. DEATH GRATUITY. 

8 The first sentence of section 413(a) of the Foreign Serv9 ice Act of 1980 (22 U.S.C. 3973(a)) is amended by striking 

10 ‘‘at the time of death’’ and inserting ‘‘at level II of the Exec11 utive Schedule under section 5313 of title 5, United States 

12 Code, at the time of death, except that for employees com13 pensated under local compensation plans established under 

14 section 408, the amount shall be equal to the greater of 1 

15 year’s salary at the time of death or 1 year’s salary at the 

16 highest step of the highest grade on the local compensation 

17 plan from which the employee was being paid at the time 

18 of death’’. 

19 Subtitle C—Other Organization 

20 and Personnel Matters 

21 SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PRO22 GRAM. 

23 (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title I 

24 of the Foreign Service Act of 1980 (22 U.S.C. 3981 et seq.) 

25 is amended by adding at the end the following new section: 


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1 ‘‘SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PRO2 GRAM. 

3 ‘‘(a) IN GENERAL.—The Secretary is authorized to es4 tablish the Transatlantic Diplomatic Fellowship Program. 

5 Under the program, the Secretary may assign a member 

6 of the Service, for not more than one year, to a position 

7 with any designated country or designated entity that per8 mits an employee to be assigned to a position with the De9 partment. 

10 ‘‘(b) SALARY AND BENEFITS.—The salary and benefits 

11 of a member of the Service shall be paid as described in 

12 subsection (b) of section 503 during a period in which such 

13 member is participating in the Transatlantic Diplomatic 

14 Fellowship Program. The salary and benefits of an em15 ployee of a designated country or designated entity partici16 pating in such program shall be paid by such country or 

17 entity during the period in which such employee is partici18 pating in the program. 

19 ‘‘(c) DEFINITIONS.—In this section: 

20 ‘‘(1) The term ‘designated country’ means a 

21 member country of— 

22 ‘‘(A) the North Atlantic Treaty Organiza23 tion; or 

24 ‘‘(B) the European Union. 

25 ‘‘(2) The term ‘designated entity’ means— 


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1 ‘‘(A) the North Atlantic Treaty Organiza2 tion; or 

3 ‘‘(B) the European Union. 

4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion shall be construed to— 

6 ‘‘(1) authorize the appointment as an officer or 

7 employee of the United States of— 

8 ‘‘(A) an individual whose allegiance is to 

9 any country, government, or foreign or inter10 national entity other than to the United States; 

11 or 

12 ‘‘(B) an individual who has not met the re13 quirements of sections 3331, 3332, 3333, and 

14 7311 of title 5, United States Code, and any 

15 other provision of law concerning eligibility for 

16 appointment as, and continuation of employ17 ment as, an officer or employee of the United 

18 States; or 

19 ‘‘(2) authorize the Secretary to assign a member 

20 of the Service to a position with any foreign country 

21 whose laws, or foreign or international entity whose 

22 rules, require such member to give allegiance or loy23 alty to such country or entity while assigned to such 

24 position.’’ 


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1 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

2 The Foreign Service Act of 1980 is amended— 

3 (1) in section 503 (22 U.S.C. 3983)— 

4 (A) in the section heading, by striking 

5 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERNMENTS, 

6 OR’’; and 

7 (B) in subsection (a)(1), by inserting before 

8 the semicolon at the end the following: ‘‘, or with 

9 a foreign government under sections 506 or 507’’; 

10 and 

11 (2) in section 2, in the table of contents— 

12 (A) by striking the item relating to section 

13 503 and inserting the following new item: 

‘‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’’; and 

14 (B) by adding after the item relating to sec15 tion 505 the following new item: 

‘‘Sec. 506. Transatlantic diplomatic fellowship program.’’. 

16 SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM. 

17 (a) IN GENERAL.—Chapter 5 of title I of the Foreign 

18 Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended 

19 by adding after section 506 (as added by section 321(a) of 

20 this Act) the following new section: 

21 ‘‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM. 

22 ‘‘(a) IN GENERAL.—The Secretary is authorized to es23 tablish the Security Officers Exchange Program. Under the 


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1 program, the Secretary may assign a member of the Service, 

2 for not more than a total of three years, to a position with 

3 any country or international organization designated by 

4 the Secretary pursuant to subsection (c) that permits an 

5 employee to be assigned to a position with the Department. 

6 ‘‘(b) SALARY AND BENEFITS.—The salary and benefits 

7 of the members of the Service shall be paid as described in 

8 subsection (b) of section 503 during a period in which such 

9 officer is participating in the Security Officers Exchange 

10 Program. The salary and benefits of an employee of a des11 ignated country or international organization partici12 pating in such program shall be paid by such country or 

13 international organization during the period in which such 

14 employee is participating in the program. 

15 ‘‘(c) DESIGNATION.—The Secretary may designate a 

16 country or international organization to participate in this 

17 program if the Secretary determines that such participation 

18 is in the national security interests of the United States. 

19 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to— 

21 ‘‘(1) authorize the appointment as an officer or 

22 employee of the United States of— 

23 ‘‘(A) an individual whose allegiance is to 

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1 national entity other than to the United States; 

2 or 

3 ‘‘(B) an individual who has not met the re4 quirements of sections 3331, 3332, 3333, and 

5 7311 of title 5, United States Code, and any 

6 other provision of law concerning eligibility for 

7 appointment as, and continuation of employ8 ment as, an officer or employee of the United 

9 States; or 

10 ‘‘(2) authorize the Secretary to assign a member 

11 of the Service to a position with any foreign country 

12 whose laws, or foreign or international entity whose 

13 rules, require such member to give allegiance or loy14 alty to such country or entity while assigned to such 

15 position.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sec17 tion 2 of the Foreign Service Act of 1980 is amended, in 

18 the table of contents, by adding after the item relating to 

19 section 506 (as added by section 321(b)(2)(B) of this Act) 

20 the following new item: 

‘‘Sec. 507. Security officers exchange program.’’. 

21 SEC. 323. SUSPENSION OF FOREIGN SERVICE MEMBERS 

22 WITHOUT PAY. 

23 (a) SUSPENSION.—Section 610 of the Foreign Service 

24 Act of 1980 (22 U.S.C. 4010) is amended by adding at the 

25 end the following new subsection: 


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1 ‘‘(c)(1) In order to promote the efficiency of the Serv2 ice, the Secretary may suspend a member of the Foreign 

3 Service without pay when the member’s security clearance 

4 is suspended or when there is reasonable cause to believe 

5 that the member has committed a crime for which a sen6 tence of imprisonment may be imposed. 

7 ‘‘(2) Any member of the Foreign Service for whom a 

8 suspension is proposed shall be entitled to— 

9 ‘‘(A) written notice stating the specific reasons 

10 for the proposed suspension; 

11 ‘‘(B) a reasonable time to respond orally and in 

12 writing to the proposed suspension; 

13 ‘‘(C) representation by an attorney or other rep14 resentative; and 

15 ‘‘(D) a final written decision, including the spe16 cific reasons for such decision, as soon as practicable. 

17 ‘‘(3) Any member suspended under this section may 

18 file a grievance in accordance with the procedures applica19 ble to grievances under chapter 11 of this title. 

20 ‘‘(4) In the case of a grievance filed under paragraph 

21 (3)— 

22 ‘‘(A) the review by the Foreign Service Grievance 

23 Board shall be limited to a determination of whether 

24 the provisions of paragraphs (1) and (2) have been 

25 fulfilled; and 


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1 ‘‘(B) the Foreign Service Grievance Board may 

2 not exercise the authority provided under section 

3 1106(8). 

4 ‘‘(5) In this subsection: 

5 ‘‘(A) The term ‘reasonable time’ means— 

6 ‘‘(i) with respect to a member of the Foreign 

7 Service assigned to duty in the United States, 15 

8 days after receiving notice of the proposed sus9 pension; and 

10 ‘‘(ii) with respect to a member of the For11 eign Service assigned to duty outside the United 

12 States, 30 days after receiving notice of the pro13 posed suspension. 

14 ‘‘(B) The term ‘suspend’ or ‘suspension’ means 

15 the placing of a member of the Foreign Service in a 

16 temporary status without duties and pay.’’. 

17 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

18 (1) AMENDMENT OF SECTION HEADING.—Such 

19 section, as amended by subsection (a) of this section, 

20 is further amended, in the section heading, by insert21 ing ‘‘; SUSPENSION’’ before the period at the end. 

22 (2) CLERICAL AMENDMENT.—The item relating 

23 to such section in the table of contents in section 2 

24 of such Act is amended to read as follows: 

‘‘Sec. 610. Separation for cause; suspension.’’. 


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1 SEC. 324. REPEAL OF RECERTIFICATION REQUIREMENT 

2 FOR SENIOR FOREIGN SERVICE. 

3 Section 305(d) of the Foreign Service Act of 1980 (22 

4 U.S.C. 3945(d)) is hereby repealed. 

5 SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERV6 ICE. 

7 Section 309 of the Foreign Service Act of 1980 (22 

8 U.S.C. 3949) is amended— 

9 (1) in subsection (a), by striking ‘‘subsection (b)’’ 

10 and inserting ‘‘subsection (b) or (c)’’; 

11 (2) in subsection (b)— 

12 (A) in paragraph (3)— 

13 (i) by inserting ‘‘(A),’’ after ‘‘if’’; and 

14 (ii) by inserting before the semicolon at 

15 the end the following: ‘‘, or (B), the career 

16 candidate is serving in the uniformed serv17 ices, as defined by the Uniformed Services 

18 Employment and Reemployment Rights Act 

19 of 1994 (38 U.S.C. 4301 et seq.), and the 

20 limited appointment expires in the course of 

21 such service’’; 

22 (B) in paragraph (4), by striking ‘‘and’’ at 

23 the end; 

24 (C) in paragraph (5), by striking the period 

25 at the end and inserting ‘‘; and’’; and 


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1 (D) by adding after paragraph (5) the fol2 lowing new paragraph: 

3 ‘‘(6) in exceptional circumstances where the Secretary 

4 determines the needs of the Service require the extension of 

5 a limited appointment (A), for a period of time not to ex6 ceed 12 months (provided such period of time does not per7 mit additional review by the boards under section 306), or 

8 (B), for the minimum time needed to settle a grievance, 

9 claim, or complaint not otherwise provided for in this sec10 tion.’’; and 

11 (3) by adding at the end the following new sub12 section: 

13 ‘‘(c) Non-career Foreign Service employees who have 

14 served five consecutive years under a limited appointment 

15 may be reappointed to a subsequent limited appointment 

16 provided there is a one year break in service between each 

17 appointment. The Secretary may in cases of special need 

18 waive the requirement for a one year break in service.’’. 

19 SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL. 

20 Section 5550b of title 5, United States Code, is amend21 ed by adding at the end the following new subsection: 

22 ‘‘(c) The maximum amount of compensatory time off 

23 earned under this section may not exceed 104 hours during 

24 any leave year (as defined by regulations established by the 

25 Office of Personnel Management).’’. 


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1 SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNU2 ITANTS. 

3 Section 824(g) of the Foreign Service Act of 1980 (22 

4 U.S.C. 4064(g)) is amended— 

5 (a) in paragraph (1)(B), by striking ‘‘to facilitate the’’ 

6 and all that follows through ‘‘Afghanistan,’’; 

7 (b) by striking paragraph (2); and 

8 (c) by redesignating paragraph (3) as paragraph (2). 

9 SEC. 328. PERSONAL SERVICES CONTRACTORS. 

10 (a) IN GENERAL.—In addition to other authorities 

11 that may be available, the Secretary of State may establish 

12 a pilot program (in this section referred to as the ‘‘pro13 gram’’) for the purpose of hiring United States citizens or 

14 aliens as personal services contractors, for service in the 

15 United States, or for service both in the United States and 

16 abroad, to respond to new or emerging needs or to augment 

17 current services. 

18 (b) CONDITIONS.—The Secretary is authorized to use 

19 the authority of subsection (a), subject to the following con20 ditions: 

21 (1) The Secretary determines that existing per22 sonnel resources are insufficient. 

23 (2) The contract length, including options, may 

24 not exceed two years, unless the Secretary makes a 

25 finding that exceptional circumstances justify an ex26 tension of up to one additional year. 


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1 (3) Not more than a total of 200 United States 

2 citizens or aliens are employed at any one time as 

3 personal services contractors under this section. 

4 (4) This authority may only be used to obtain 

5 specialized skills or experience or to respond to urgent 

6 needs. 

7 (c) STATUS OF PERSONAL SERVICE CONTRACTORS.— 

8 (1) IN GENERAL.—An individual hired as a per9 sonal service contractor pursuant to this section shall 

10 not, by virtue of such hiring, be considered to be an 

11 employee of the United States Government for pur12 poses of any law administered by the Office of Per13 sonnel Management. 

14 (2) APPLICABLE LAWS.—An individual hired as 

15 a personal service contractor pursuant to this section 

16 shall be covered, in the same manner as a similarly17 situated employee, by— 

18 (A) the Ethics in Government Act of 1978; 

19 (B) section 27 of the Office of Federal Pro20 curement Policy Act; and 

21 (C) chapter 73 of title 5, sections 201, 203, 

22 205, 207, 208, and 209 of title 18, and section 

23 1346 and chapter 171 of title 28, United States 

24 Code. 


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1 (3) EXCEPTION.—This subsection shall not affect 

2 the determination as to whether an individual hired 

3 as a personal service contractor pursuant to this sec4 tion is an employee of the United States Government 

5 for purposes of any Federal law not specified in para6 graphs (1) and (2). 

7 (d) TERMINATION OF AUTHORITY.—The authority to 

8 award personal services contracts under the program au9 thorized by this section shall terminate on September 30, 

10 2011. A contract entered into prior to the termination date 

11 under this subsection may remain in effect until expiration. 

12 SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY 

13 RIGHTS. 

14 (a) RESOURCES TO PROTECT INTELLECTUAL PROP15 ERTY RIGHTS.—The Secretary of State shall ensure that the 

16 protection in foreign countries of the intellectual property 

17 rights of United States persons in other countries is a sig18 nificant component of United States foreign policy in gen19 eral and in relations with individual countries. The Sec20 retary of State, in consultation with the Director General 

21 of the United States and Foreign Commercial Service and 

22 other agencies as appropriate, shall ensure that adequate 

23 resources are available at diplomatic missions in any coun24 try that is identified under section 182(a)(1) of the Trade 

25 Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure— 


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1 (1) support for enforcement action against viola2 tions of the intellectual property rights of United 

3 States persons in such country; and 

4 (2) cooperation with the host government to re5 form its applicable laws, regulations, practices, and 

6 agencies to enable that government to fulfill its inter7 national and bilateral obligations with respect to in8 tellectual property rights. 

9 (b) NEW APPOINTMENTS.—The Secretary of State, in 

10 consultation with the Director General of the United States 

11 and Foreign Commercial Service, shall appoint 10 intellec12 tual property attache ́s to serve in United States embassies 

13 or other diplomatic missions. The 10 appointments shall 

14 be in addition to personnel serving, on the date of the enact15 ment of this Act, in the capacity of intellectual property 

16 attache ́s from any department or agency of the United 

17 States at United States embassies or other diplomatic mis18 sions. 

19 (c) PRIORITY ASSIGNMENTS.— 

20 (1) IN GENERAL.—Subject to paragraph (2), in 

21 designating the embassies or other missions to which 

22 attache ́s are assigned under subsection (b), the Sec23 retary of State shall give priority to those countries 

24 where the activities of an attache ́ may be carried out 

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1 terfeit and pirated products in the United States 

2 market, to protecting the intellectual property rights 

3 of United States persons and their licensees, and to 

4 protecting the interests of United States persons other5 wise harmed by violations of intellectual property 

6 rights in those countries. 

7 (2) ASSIGNMENTS TO PRIORITY COUNTRIES.—In 

8 carrying out paragraph (1), the Secretary of State 

9 shall consider assigning intellectual property 

10 attache ́s— 

11 (A) to the countries that have been identi12 fied under section 182(a)(1) of the Trade Act of 

13 1974 (19 U.S.C. 2242(a)(1)); and 

14 (B) to the country where the Organization 

15 for Economic Cooperation and Development has 

16 its headquarters. 

17 (d) DUTIES AND RESPONSIBILITIES OF INTELLECTUAL

18 PROPERTY ATTACHE ́S.—The intellectual property attache ́s 

19 appointed under subsection (b), as well as others serving 

20 as intellectual property attache ́s of any other department 

21 or agency of the United States, shall have the following re22 sponsibilities: 

23 (1) To promote cooperation with foreign govern24 ments in the enforcement of intellectual property laws 


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1 generally, and in the enforcement of laws against 

2 counterfeiting and piracy in particular. 

3 (2) To assist United States persons holding intel4 lectual property rights, and the licensees of such 

5 United States persons, in their efforts to combat coun6 terfeiting and piracy of their products or works with7 in the host country, including counterfeit or pirated 

8 goods exported from or transshipped through that 

9 country. 

10 (3) To chair an intellectual property protection 

11 task force consisting of representatives from all other 

12 relevant sections or bureaus of the embassy or other 

13 mission. 

14 (4) To coordinate with representatives of the em15 bassies or missions of other countries in information 

16 sharing, private or public communications with the 

17 government of the host country, and other forms of co18 operation for the purpose of improving enforcement 

19 against counterfeiting and piracy. 

20 (5) As appropriate and in accordance with ap21 plicable laws and the diplomatic status of the 

22 attache ́s, to engage in public education efforts against 

23 counterfeiting and piracy in the host country. 

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1 in the host country that are aimed at improving the 

2 enforcement of laws against counterfeiting and pi3 racy. 

4 (7) To identify and promote other means to more 

5 effectively combat counterfeiting and piracy activities 

6 under the jurisdiction of the host country. 

7 (e) TRAINING.—The Secretary of State shall ensure 

8 that each attache ́ appointed under subsection (b) is fully 

9 trained for the responsibilities of the position before assum10 ing duties at the United States embassy or other mission 

11 in question. 

12 (f) COORDINATION.—The activities of intellectual 

13 property attache ́s under this section shall be carried out in 

14 coordination with the United States Intellectual Property 

15 Enforcement Coordinator appointed under section 301 of 

16 the Prioritizing Resources and Organization for Intellectual 

17 Property Act of 2008 (15 U.S.C. 8111). 

18 (g) REPORT TO CONGRESS.— 

19 (1) IN GENERAL.—The Secretary of State shall 

20 submit to the Congress, not later than December 31 

21 of each year, a report on the appointment, designa22 tion for assignment, and activities of all intellectual 

23 property attache ́s of any Federal department or agen24 cy who are serving at United States embassies or 

25 other diplomatic missions. 


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1 (2) CONTENTS.—Each report under paragraph 

2 (1) shall include the following: 

3 (A) A description of the progress, or lack 

4 thereof, in the preceding year regarding the reso5 lution of general and specific intellectual prop6 erty disputes in each country identified under 

7 section 182(a)(1) of the Trade Act of 1974 (19 

8 U.S.C. 2242(a)(1)), including any changes by 

9 the host government in applicable laws and regu10 lations and their enforcement. 

11 (B) An assessment of the obstacles pre12 venting the host government of each country de13 scribed in subparagraph (A) from implementing 

14 adequate measures to fulfill its international and 

15 bilateral obligations with respect to intellectual 

16 property rights. 

17 (C) An assessment of the adequacy of the re18 sources of the Department of State employed to 

19 carry out subparagraphs (A) and (B) and, if 

20 necessary, an assessment of the need for addi21 tional resources for such purposes. 

22 (h) DEFINITIONS.—In this section: 

23 (1) COUNTERFEITING; COUNTERFEIT GOODS.— 

24 (A) COUNTERFEITING.—The term ‘‘counter25 feiting’’ means activities related to production of 


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1 or trafficking in goods, including packaging, 

2 that bear a spurious mark or designation that is 

3 identical to or substantially indistinguishable 

4 from a mark or designation protected under 

5 trademark laws or related legislation. 

6 (B) COUNTERFEIT GOODS.—The term 

7 ‘‘counterfeit goods’’ means those goods described 

8 in subparagraph (A). 

9 (2) INTELLECTUAL PROPERTY RIGHTS.—The 

10 term ‘‘intellectual property rights’’ means the rights 

11 of holders of copyrights, patents, trademarks, other 

12 forms of intellectual property, and trade secrets. 

13 (3) PIRACY; PIRATED GOODS.— 

14 (A) PIRACY.—The term ‘‘piracy’’ means ac15 tivities related to production of or trafficking in 

16 unauthorized copies or phonorecords of works 

17 protected under copyright law or related legisla18 tion. 

19 (B) PIRATED GOODS.—The term ‘‘pirated 

20 goods’’ means those copies or phonorecords de21 scribed in subparagraph (A). 

22 (4) UNITED STATES PERSON.—The term ‘‘United 

23 States person’’ means— 

24 (A) any United States resident or national, 


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1 (B) any corporation, partnership, other 

2 business entity, or other organization, that is or3 ganized under the laws of the United States, and 

4 (C) any foreign subsidiary or affiliate (in5 cluding any permanent foreign establishment) of 

6 any corporation, partnership, business entity, or 

7 organization described in subparagraph (B), that 

8 is controlled in fact by such corporation, part9 nership, business entity, or organization, 

10 except that such term does not include an individual 

11 who resides outside the United States and is employed 

12 by an individual or entity other than an individual 

13 or entity described in subparagraph (A), (B), or (C). 

14 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

15 amounts authorized to be appropriated under section 101, 

16 there are authorized to be appropriated for each fiscal year 

17 such sums as may be necessary for the training and support 

18 of the intellectual property attache ́s appointed under sub19 section (b) and of other personnel serving as intellectual 

20 property attache ́s of any other department or agency of the 

21 United States. 

22 SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSI23 TION. 

24 (a) STATEMENT OF POLICY.—In order for the Depart25 ment of State to accurately represent all people in the 


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1 United States, the Department must accurately reflect the 

2 diversity of the United States. 

3 (b) REPORT ON MINORITY RECRUITMENT.—Section 

4 324 of the Foreign Relations Authorization Act, Fiscal Year 

5 2003 (Public Law 107–228) is amended— 

6 (1) in the matter preceding paragraph (1)— 

7 (A) by striking ‘‘On’’ and inserting ‘‘(a) 

8 REPORT ON MINORITY GROUPS AND WOMEN.— 

9 On’’; 

10 (B) by striking ‘‘April 1, 2003, and April 

11 1, 2004,’’ and inserting ‘‘April 1, 2010, and 

12 April 1, 2011,’’; 

13 (2) in paragraphs (1) and (2), by striking ‘‘mi14 nority groups’’ each place it appears and inserting 

15 ‘‘minority groups and women’’; and 

16 (3) by adding at the end the following new sub17 section: 

18 ‘‘(b) DEVELOPMENT OF METRICS TO EVALUATE EM19 PLOYMENT COMPOSITION.—The report required by sub20 section (a) shall also include a description of the following: 

21 ‘‘(1) The ability of current recruitment, advance22 ment, and retention practices to attract and maintain 

23 a diverse pool of qualified individuals in sufficient 

24 numbers throughout the Department, including in the 


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1 Cooperative Education Program (also known as the 

2 ‘Student Career Experience Program’). 

3 ‘‘(2) Efforts to develop a uniform definition, to 

4 be used throughout the Department, of diversity that 

5 is congruent with the core values and vision of the 

6 Department for the future workforce. 

7 ‘‘(3) The existence of additional metrics and 

8 milestones for evaluating the diversity plans of the 

9 Department, including the Foreign Service and Sen10 ior Foreign Service, and for facilitating future eval11 uation and oversight.’’. 

12 (c) PUBLIC AVAILABILITY.—Each report required 

13 under section 324 of the Foreign Relations Authorization 

14 Act, Fiscal Year 2003, as amended by subsection (b) of this 

15 section, shall be made available to the public on the website 

16 of the Department of State not later than 15 days after 

17 the submission to Congress of each such report. 

18 (d) GAO REVIEW.—The Comptroller General of the 

19 United States, in consultation with the appropriate con20 gressional committees, shall conduct a review of the employ21 ment composition, recruitment, advancement, and retention 

22 policies of the Department of State for women and minority 

23 groups, including the information in the reports required 

24 under section 324 of the Foreign Relations Authorization 


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1 Act, Fiscal Year 2003, as amended by subsection (b) of this 

2 section. 

3 (e) ACQUISITION.—Section 324 of the Foreign Rela4 tions Authorization Act, Fiscal Year 2003, as amended by 

5 subsection (b) of this section, is further amended by adding 

6 at the end the following new subsection: 

7 ‘‘(c) For the immediately preceding 12-month period 

8 for which the information referred to in subsection (a) is 

9 available— 

10 ‘‘(1) the numbers and percentages of small, mi11 nority-owned, or disadvantaged businesses that pro12 vide goods and services to the Department as a result 

13 of contracts with the Department during such period; 

14 ‘‘(2) the total number of such contracts; 

15 ‘‘(3) the total dollar value of such contracts; and 

16 ‘‘(4) and the percentage value represented by 

17 such contract proportionate to the total value of all 

18 contracts held by the Department.’’. 

19 (f) USE OF FUNDS.—The provisions of section 325 of 

20 the Foreign Relations Authorization Act, Fiscal Year 2003 

21 shall apply to funds authorized to be appropriated under 

22 section 101 of this Act. 

23 SEC. 331. CONTRACTING. 

24 None of the funds authorized to be appropriated by this 

25 Act, for projects initiated after the date of the enactment 


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1 of this Act, may be used by the Department of State to enter 

2 into any Federal contract unless such contract is entered 

3 into in accordance with title III of the Federal Property 

4 and Administrative Services Act of 1949 (41 U.S.C. 251 

5 et seq.) and the Federal Acquisition Regulation, unless such 

6 contract is otherwise authorized by statute to be entered into 

7 without regard to such Act and regulation. 

8 SEC. 332. LEGISLATIVE LIAISON OFFICE OF THE DEPART9 MENT OF STATE. 

10 (a) REPORT ON IMPROVING EFFECTIVENESS OF DE11 PARTMENT OF STATE LEGISLATIVE LIAISON OFFICE.—Not 

12 later than six months after the date of the enactment of this 

13 Act, the Secretary of State shall submit to the Committee 

14 on Foreign Affairs and the Committee on House Adminis15 tration of the House of Representatives and the Committee 

16 on Foreign Relations and the Committee on Rules and Ad17 ministration of the Senate a report on the mission and ef18 fectiveness of the existing Department of State legislative 

19 liaison office. 

20 (b) REPORT CONSIDERATIONS.—The report required 

21 by subsection (a) shall consider— 

22 (1) whether the legislative liaison office has suffi23 cient resources necessary to communicate to Members 

24 of Congress, committees, and their staffs the goals and 

25 missions of the Department of State; 


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1 (2) whether current space within the office build2 ings of the House of Representatives as well as re3 quested space within the office buildings of the Senate 

4 is sufficient to meet the mission of the legislative liai5 son office; 

6 (3) whether current representational allowances 

7 are sufficient to allow the legislative liaison office to 

8 meet its mission; and 

9 (4) the feasibility of increasing personnel num10 bers in the legislative liaison office, including senior 

11 Foreign Service Officers. 

12 SEC. 333. DISCRIMINATION RELATED TO SEXUAL ORIENTA13 TION. 

14 (a) TRACKING VIOLENCE OR CRIMINALIZATION RE15 LATED TO SEXUAL ORIENTATION.—The Assistant Secretary 

16 for Democracy, Human Rights and Labor shall designate 

17 a Bureau-based officer or officers who shall be responsible 

18 for tracking violence, criminalization, and restrictions on 

19 the enjoyment of fundamental freedoms, consistent with 

20 United States law, in foreign countries based on actual or 

21 perceived sexual orientation and gender identity. 

22 (b) INTERNATIONAL EFFORTS TO REVISE LAWS CRIM23 INALIZING HOMOSEXUALITY.—In keeping with the Admin24 istration’s endorsement of efforts by the United Nations to 

25 decriminalize homosexuality in member states, the SecVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00140 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 retary of State shall work though appropriate United States 

2 Government employees at United States diplomatic and 

3 consular missions to encourage the governments of other 

4 countries to reform or repeal laws of such countries crim5 inalizing homosexuality or consensual homosexual conduct, 

6 or restricting the enjoyment of fundamental freedoms, con7 sistent with United States law, by homosexual individuals 

8 or organizations. 

9 (c) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

10 PRACTICES.—The Foreign Assistance Act of 1961 is amend11 ed— 

12 (1) in section 116(d) (22 U.S.C. 2151n(d))— 

13 (A) in paragraph (10), by striking ‘‘and’’ 

14 at the end; 

15 (B) in paragraph (11)— 

16 (i) in subparagraph (B), by striking 

17 ‘‘and’’ at the end; and 

18 (ii) in subparagraph (C), by striking 

19 the period at the end and inserting ‘‘; and’’; 

20 and 

21 (C) by adding at the end the following new 

22 paragraph: 

23 ‘‘(12) wherever applicable, violence or discrimi24 nation that affects the fundamental freedoms, con25 sistent with United States law, of an individual in 


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1 foreign countries that is based on actual or perceived 

2 sexual orientation and gender identity.’’; and 

3 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

4 inserting after the eighth sentence the following new 

5 sentence: ‘‘Wherever applicable, violence or discrimi6 nation that affects the fundamental freedoms, con7 sistent with United States law, of an individual in 

8 foreign countries that is based on actual or perceived 

9 sexual orientation and gender identity.’’. 

10 (d) TRAINING FOR FOREIGN SERVICE OFFICERS.— 

11 Section 708(a) of the Foreign Service Act of 1980 (22 16 

12 U.S.C. 4028(a)) is amended— 

13 (1) in the matter preceding paragraph (1), by 

14 inserting ‘‘the Secretary for Democracy, Human 

15 Rights and Labor,’’ before ‘‘the Ambassador at 

16 Large’’; 

17 (2) in paragraph (2), by striking ‘‘and’’ at the 

18 end; 

19 (3) in paragraph (3), by striking the period at 

20 the end and inserting ‘‘; and’’; and 

21 (4) by adding at the end the end the following 

22 new paragraph: 

23 ‘‘(4) instruction, in courses covering human 

24 rights reporting and advocacy work, on identifying 

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1 mental freedoms, consistent with United States law, 

2 of an individual that is based on actual or perceived 

3 sexual orientation and gender identity.’’. 

4 SEC. 334. OFFICE FOR GLOBAL WOMEN’S ISSUES. 

5 (a) ESTABLISHMENT.—There is established an Office 

6 for Global Women’s Issues (in this section referred to as 

7 the ‘‘Office’’) in the Office of the Secretary of State in the 

8 Department of State. The Office shall be headed by the Am9 bassador-at-Large (in this section referred to as the ‘‘Am10 bassador’’), who shall be appointed by the President, by and 

11 with the advice and consent of the Senate. The Ambassador 

12 shall report directly to the Secretary of State. 

13 (b) PURPOSE.—The Office shall coordinate efforts of 

14 the United States Government regarding gender integration 

15 and women’s empowerment in United States foreign policy. 

16 (c) DUTIES.— 

17 (1) IN GENERAL.—The Ambassador shall— 

18 (A) coordinate and advise on activities, 

19 policies, programs, and funding relating to gen20 der integration and women’s empowerment 

21 internationally for all bureaus and offices of the 

22 Department of State and in the international 

23 programs of other United States Government de24 partments and agencies; 


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1 (B) design, support, and as appropriate, 

2 implement, limited projects regarding women’s 

3 empowerment internationally; 

4 (C) actively promote and advance the full 

5 integration of gender analysis into the programs, 

6 structures, processes, and capacities of all bu7 reaus and offices of the Department of State and 

8 in the international programs of other United 

9 States Government departments and agencies; 

10 and 

11 (D) direct, as appropriate, United States 

12 Government resources to respond to needs for 

13 gender integration and women’s empowerment in 

14 United States Government foreign policies and 

15 international programs. 

16 (2) COORDINATING ROLE.—The Ambassador 

17 shall coordinate with the United States Agency for 

18 International Development and the Millennium Chal19 lenge Corporation on all policies, programs, and 

20 funding of such agencies relating to gender integra21 tion and women’s empowerment. 

22 (3) DIPLOMATIC REPRESENTATION.—Subject to 

23 the direction of the President and the Secretary of 

24 State, the Ambassador is authorized to represent the 


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1 United States in matters relevant to the status of 

2 women internationally. 

3 (d) REPORTING.—The heads of all bureaus and offices 

4 of the Department of State, as appropriate, shall evaluate 

5 and monitor all women’s empowerment programs adminis6 tered by such bureaus and offices and annually submit to 

7 the Ambassador a report on such programs and on policies 

8 and practices to integrate gender. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

10 amounts authorized to be appropriated under section 101, 

11 there are authorized to be appropriated such sums as may 

12 be necessary for each of fiscal years 2010 and 2011 to carry 

13 out activities under this section. 

14 TITLE IV—INTERNATIONAL 

15 ORGANIZATIONS 

16 Subtitle A—International 

17 Leadership 

18 SEC. 401. SHORT TITLE. 

19 This subtitle may be cited as the ‘‘United States Inter20 national Leadership Act of 2009’’. 

21 SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

22 ORGANIZATIONS. 

23 (a) PROMOTIONS.— 

24 (1) IN GENERAL.—Section 603(b) of the Foreign 

25 Service Act of 1980 (22 U.S.C. 4003) is amended, in 


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1 the second sentence, by inserting before the period at 

2 the end the following: ‘‘, and should consider whether 

3 the member of the Service has served in a position 

4 whose primary responsibility is to formulate policy 

5 toward, or represent the United States at, an inter6 national organization, a multilateral institution, or a 

7 broad-based multilateral negotiation of an inter8 national instrument’’. 

9 (2) EFFECTIVE DATE.—The amendment made by 

10 paragraph (1) shall take effect on the date of the en11 actment of this Act and shall apply to members of the 

12 Foreign Service beginning on January 1, 2015. 

13 (b) ESTABLISHMENT OF A MULTILATERAL DIPLOMACY

14 CONE IN THE FOREIGN SERVICE.— 

15 (1) FINDINGS.—Congress finds the following: 

16 (A) The Department of State maintains a 

17 number of United States missions both within 

18 the United States and abroad that are dedicated 

19 to representing the United States to inter20 national organizations and multilateral institu21 tions, including missions in New York, Brussels, 

22 Geneva, Rome, Montreal, Nairobi, Vienna, and 

23 Paris. 

24 (B) In offices at the Harry S. Truman 

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1 cant number of positions in bureaus that are ei2 ther dedicated, or whose primary responsibility 

3 is, to represent the United States to such organi4 zations and institutions or at multilateral nego5 tiations. 

6 (C) Given the large number of positions in 

7 the United States and abroad that are dedicated 

8 to multilateral diplomacy, the Department of 

9 State may be well served in developing persons 

10 with specialized skills necessary to become ex11 perts in this unique form of diplomacy. 

12 (2) REPORT.—Not later than 180 days after the 

13 date of the enactment of this Act, the Secretary of 

14 State shall submit to the appropriate congressional 

15 committees a report— 

16 (A) evaluating whether a new cone should 

17 be established for the Foreign Service that con18 centrates on members of the Service who serve at 

19 international organizations and multilateral in20 stitutions or are primarily responsible for par21 ticipation in broad-based multilateral negotia22 tions of international instruments; and 

23 (B) that provides alternative mechanisms 

24 for achieving the objective of developing a core 

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1 ernment employees who have expertise and broad 

2 experience in conducting multilateral diplomacy. 

3 SEC. 403. IMPLEMENTATION AND ESTABLISHMENT OF OF4 FICE ON MULTILATERAL NEGOTIATIONS. 

5 (a) ESTABLISHMENT OF OFFICE.—The Secretary of 

6 State is authorized to establish, within the Bureau of Inter7 national Organization Affairs, an Office on Multilateral 

8 Negotiations, to be headed by a Special Representative for 

9 Multilateral Negotiations (in this section referred to as the 

10 ‘‘Special Representative’’). 

11 (b) APPOINTMENT.—If the office referred to in sub12 section (a) is established, the Special Representative shall 

13 be appointed by the President by and with the advice and 

14 consent of the Senate and shall have the rank of Ambas15 sador-at-Large. At the discretion of the President another 

16 official at the Department may serve as the Special Rep17 resentative. The President may direct that the Special Rep18 resentative report to the Assistant Secretary for Inter19 national Organization Affairs. 

20 (c) STAFFING.—The Special Representative shall have 

21 a staff of Foreign Service and civil service officers skilled 

22 in multilateral diplomacy. 

23 (d) DUTIES.—The Special Representative shall have 

24 the following responsibilities: 


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1 (1) IN GENERAL.—The primary responsibility of 

2 the Special Representative shall be to assist in the or3 ganization of, and preparation for, United States 

4 participation in multilateral negotiations, including 

5 the advocacy efforts undertaken by the Department of 

6 State and other United States agencies. 

7 (2) ADVISORY ROLE.—The Special Representa8 tive shall advise the President and the Secretary of 

9 State, as appropriate, regarding advocacy at inter10 national organizations and multilateral institutions 

11 and negotiations and, in coordination with the Assist12 ant Secretary for International Organization Affairs, 

13 shall make recommendations regarding— 

14 (A) effective strategies and tactics to achieve 

15 United States policy objectives at multilateral 

16 negotiations; 

17 (B) the need for and timing of high level 

18 intervention by the President, the Secretary of 

19 State, the Deputy Secretary of State, and other 

20 United States officials to secure support from 

21 key foreign government officials for the United 

22 States position at such organizations, institu23 tions, and negotiations; 

24 (C) the composition of United States delega25 tions to multilateral negotiations; and 


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1 (D) liaison with Congress, international or2 ganizations, nongovernmental organizations, and 

3 the private sector on matters affecting multilat4 eral negotiations. 

5 (3) LEADERSHIP AND MEMBERSHIP OF INTER6 NATIONAL ORGANIZATIONS.—The Special Representa7 tive, in coordination with the Assistant Secretary of 

8 International Organization Affairs, shall direct the ef9 forts of the United States Government to reform the 

10 criteria for leadership and membership of inter11 national organizations. 

12 (4) PARTICIPATION IN MULTILATERAL NEGOTIA13 TIONS.—The Special Representative, or members of 

14 the Special Representative’s staff, may, as required by 

15 the President or the Secretary of State, serve on a 

16 United States delegation to any multilateral negotia17 tion. 

18 SEC. 404. SYNCHRONIZATION OF UNITED STATES CON19 TRIBUTIONS TO INTERNATIONAL ORGANIZA20 TIONS. 

21 Not later than 180 days after the date of the enactment 

22 of this Act, the President shall transmit to the appropriate 

23 congressional committees a plan on the implementation of 

24 section 404 of the Foreign Relations Authorization Act of 

25 2003 (Public Law 107–228; relating to a resumption by 


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1 the United States of the payment of its full contributions 

2 to certain international organizations at the beginning of 

3 each calendar year). 

4 SEC. 405. UNITED STATES ARREARAGES TO THE UNITED 

5 NATIONS. 

6 In addition to amounts otherwise available for the 

7 payment of Assessed Contributions to International Organi8 zations and Contributions for International Peacekeeping 

9 Activities, there is authorized to be appropriated such sums 

10 as may be necessary to pay all United States arrearages 

11 in payments to the United Nations recognized by the United 

12 States. 

13 Subtitle B—General Provisions 

14 SEC. 411. ORGANIZATION OF AMERICAN STATES. 

15 (a) SENSE OF CONGRESS.—It is the sense of Congress 

16 that— 

17 (1) multilateral diplomacy in the context of the 

18 Americas has suffered considerably in the past decade, 

19 to the direct detriment of the national interest of the 

20 United States in the region; 

21 (2) given the recent proliferation of multilateral 

22 groupings in the Americas region in which the United 

23 States in not a member, it is imperative to focus on 

24 and promote United States diplomatic efforts in the 

25 Organization of American States (OAS), where the 


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1 United States is a founding member and whose cen2 tral tenets include democratic values considered vital 

3 for this region; 

4 (3) it is critical for the United States to imme5 diately re-establish its unique leadership voice in this 

6 region and specifically in the OAS setting; and 

7 (4) an effective way to help achieve this short 

8 term objective is to establish a fund to promote multi9 lateral interests of the United States in the region. 

10 (b) MULTILATERAL FUND.— 

11 (1) IN GENERAL.—There is hereby established in 

12 the Department of State a Fund to Promote 

13 Multilateralism in the Americas (referred to in this 

14 section as the ‘‘Fund’’). 

15 (2) ACTIVITIES SUPPORTED.—The Fund shall 

16 support activities that promote the multilateral inter17 ests of the United States in the Americas region, in18 cluding— 

19 (A) United States diplomatic activities 

20 within and related to the OAS; 

21 (B) voluntary contributions to entities and 

22 organs of the OAS to carry out programs and 

23 activities that support the interests of the United 

24 States; 

25 (C) outreach and cultural activities; 


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1 (D) conferences; and 

2 (E) general advocacy for United States in3 terests. 

4 (c) ADMINISTRATION.—The Fund shall be adminis5 tered by the United States Mission to the Organization of 

6 American States, as directed by the United States Perma7 nent Representative to the OAS, for use on matters that 

8 arise in the context of the OAS. 

9 (d) AUTHORIZATION.—Of the amounts authorized to 

10 be appropriated for the Administration of Foreign Affairs 

11 pursuant to section 101, there is authorized to be appro12 priated $2,000,000 for each of fiscal years 2010 and 2011 

13 only to carry out this section. 

14 SEC. 412. PEACEKEEPING OPERATIONS CONTRIBUTIONS. 

15 Section 404(b)(2)(B) of the Foreign Relations Author16 ization Act, Fiscal Years 1994 and 1995 (Public Law 103– 

17 236) (22 U.S.C. 287e note) is amended at the end by adding 

18 the following new clause: 

19 ‘‘(vi) For assessments made during cal20 endar years 2009, 2010, and 2011, 27.1 

21 percent.’’. 

22 SEC. 413. PACIFIC ISLANDS FORUM. 

23 It is the sense of Congress that the Secretary of State 

24 should work with the Pacific Islands Forum to find appro25 priate affiliations for representatives of American Samoa, 


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1 Guam, and the Commonwealth of the Northern Mariana Is2 lands. 

3 SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COM4 MISSIONS. 

5 (a) IN GENERAL.—Not later than one year after the 

6 date of the enactment of this Act and two years thereafter, 

7 the Secretary of State shall submit to the appropriate con8 gressional committees a report on the activities of each of 

9 the commissions specified in paragraphs (1), (2), and (3) 

10 of section 103. 

11 (b) REPORT ELEMENTS.—The reports required under 

12 subsection (a) shall include information concerning the fol13 lowing: 

14 (1) Amounts obligated and expended during the 

15 two previous fiscal years by each of such commissions. 

16 (2) A description of the projects carried out dur17 ing such years by each of such commissions and a de18 scription of the management and implementation of 

19 such projects, including the use of private contractors. 

20 (3) Projects anticipated during the next two fis21 cal years related to the activities of each of such com22 missions because of obligations that the United States 

23 has entered into based on any treaty between the 

24 United States and another country. 


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1 (c) SUBMISSION OF THE REPORTS.—The reports may 

2 be combined with the annual budget justification submitted 

3 by the President in accordance with section 1105(a) of title 

4 31, United States Code. 

5 SEC. 415. ENHANCING NUCLEAR SAFEGUARDS. 

6 (a) FINDINGS.—Congress makes the following findings: 

7 (1) The Treaty on the Non-Proliferation of Nu8 clear Weapons, done at Washington, London, and 

9 Moscow July 1, 1968, and entered into force March 

10 5, 1970 (commonly known as the ‘‘Nuclear Non-Pro11 liferation Treaty’’ or ‘‘NPT’’) and the safeguards sys12 tem of the International Atomic Energy Agency 

13 (IAEA) are indispensable to international peace and 

14 security. 

15 (2) Congress has long supported efforts aimed at 

16 effective and efficient assurances of nuclear fuel sup17 ply, the strengthening of IAEA safeguards, and assist18 ance to the developing world for nuclear and non-nu19 clear energy sources, as embodied in the Nuclear Non20 Proliferation Act of 1978 (22 U.S.C. 3201 et seq.). 

21 (3) According to some experts, global energy de22 mand will grow by 50 percent in the next 20 years, 

23 predominantly in the developing world. 

24 (4) The Government Accountability Office (GAO) 

25 stated in testimony before Congress in September 


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1 2006 that ‘‘while IAEA is increasingly relying on the 

2 analytical skills of its staff to detect countries’’ 

3 undeclared nuclear activities, the agency is facing a 

4 looming human capital crisis. 

5 (5) The Director General of the IAEA told the 

6 Board of Governors of the IAEA in March 2009 that 

7 the ‘‘deteriorating conditions in our laboratories, for 

8 example, threaten both our ability to deliver our pro9 grammed, as well as our independent analytical ca10 pability’’. 

11 (6) Considerable investment is needed for the 

12 IAEA’s Safeguards Analytical Laboratory (SAL), to 

13 meet future IAEA requirements as its workload is 

14 growing, the laboratory’s infrastructure is aging, and 

15 IAEA requirements have become more demanding, 

16 and while initial plans have been made for laboratory 

17 enhancement and are currently pending budgetary 

18 approval (sometime in 2009), the simple fact is that, 

19 as more countries implement IAEA safeguards, many 

20 more nuclear samples come to SAL for analysis. 

21 (7) The existing funding, planning, and execu22 tion of IAEA safeguards is not sufficient to meet the 

23 predicted growth in the future of civilian nuclear 

24 power, and therefore any growth in civilian nuclear 

25 power must be evaluated against the challenges it 


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1 poses to verification of the assurances of peace and se2 curity provided by the IAEA safeguards system. 

3 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

4 authorized to be appropriated $10,000,000 for the refurbish5 ment or possible replacement of the IAEA’s Safeguards An6 alytical Laboratory. 

7 (c) REPORT.—Not later than 180 days after the date 

8 of the enactment of this Act, the Secretary of State shall 

9 submit to the Committee on Foreign Affairs of the House 

10 of Representatives and the Committee on Foreign Relations 

11 of the Senate a report on the refurbishment or possible re12 placement of the IAEA’s Safeguards Analytical Laboratory 

13 pursuant to subsection (b). 

14 SEC. 416. IMPLEMENTATION OF RECOMMENDATIONS OF 

15 COMMISSION ON THE PREVENTION OF WEAP16 ONS OF MASS DESTRUCTION PROLIFERATION 

17 AND TERRORISM. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated such sums as may be nec20 essary for each of the fiscal years 2010 and 2011 to imple21 ment the following recommendations of the Report of the 

22 Commission on the Prevention of Weapons of Mass Destruc23 tion Proliferation and Terrorism regarding the Inter24 national Atomic Energy Agency (IAEA) and nuclear safe25 guards reform: 


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1 (1) The United States should work with the 

2 IAEA Director General to consider establishing a 

3 safeguards user fee, whereby countries with inspected 

4 facilities would be assessed a fee to help defer the costs 

5 of IAEA inspections. 

6 (2) The United States should work with the 

7 IAEA Director General and other interested parties to 

8 routinely (at least every two years) assess whether the 

9 IAEA can meet its own inspection goals, whether 

10 those goals afford timely warning of an ability to ac11 count for a bomb’s worth of nuclear material, as re12 quired by United States law, and what corrective ac13 tions, if any, might help the IAEA to achieve its in14 spection goals. This assessment should also clarify 

15 those instances in which achieving the goals is not 

16 possible. 

17 (3) The United States should work with the 

18 IAEA Director General to provide for the acquisition 

19 and implementation of near-real-time surveillance 

20 equipment at a number of sites where nuclear fuel 

21 rods are located and where such equipment must be 

22 installed so that the IAEA can establish the inspec23 tion continuity of the fresh and spent fuel rods and 

24 to install wide-area surveillance needed to monitor 

25 activities under the Additional Protocol. 


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1 (4) The United States should work with the 

2 IAEA Director General to promote much-needed 

3 transparency at suspect sites, to help deter transfers 

4 of nuclear fuel and nuclear weapons technology, and 

5 to encourage IAEA member states to maintain a reg6 istry of all foreign visitors at safeguarded sites. This 

7 registry should be made available to other IAEA 

8 members upon request. 

9 (5) The United States should work with the 

10 IAEA Director General to establish a complete coun11 try-by-country inventory of nuclear materials that 

12 could be used to make nuclear bombs. The informa13 tion should be shared, as appropriate, with individual 

14 IAEA member states and the public to ensure that it 

15 can be used effectively in developing the plan for 

16 IAEA safeguards. The IAEA should update the data17 base regularly. 

18 (6) The United States should work with the 

19 IAEA Director General to require that the transfer of 

20 all items on the Nuclear Suppliers Group dual-use 

21 and trigger lists be reported to the IAEA or relevant 

22 authority and assist in developing a system to process 

23 and analyze the information gathered, making unre24 ported transfers illegal and subject to seizure. 


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1 (b) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary of State shall 

3 submit to the appropriate congressional committees a report 

4 on progress toward the implementation of this section. 

5 SEC. 417. ASIA-PACIFIC ECONOMIC COOPERATION. 

6 (a) SENSE OF CONGRESS.—It is the sense of Congress 

7 that—— 

8 (1) the United States’ continued engagement in 

9 Asia must be a cornerstone of United States foreign 

10 policy in the 21st Century; 

11 (2) the President must elevate the role of the 

12 United States in the Asia-Pacific Economic Coopera13 tion forum (APEC) by ensuring that United States 

14 Government officials of the appropriate rank attend 

15 APEC activities; and 

16 (3) increased participation by United States 

17 small businesses, particularly manufacturers, will add 

18 substantial benefit to APEC discussions and help 

19 strengthen the influence of the United States within 

20 APEC. 

21 (b) SMALL BUSINESS DEFINED.—In this section, the 

22 term ‘‘small business’’ shall have the meaning given the 

23 term ‘‘small business concern’’ in section 410(9) of the 

24 Small Business Investment Act of 1958 (15 U.S.C. 

25 694a(9)). 


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1 (c) UNITED STATES PARTICIPATION AT APEC.— 

2 (1) DESIGNATION OF APEC COORDINATORS.—The 

3 President shall designate in appropriate departments 

4 and agencies an existing official of appropriate senior 

5 rank to serve as each such department’s or agency’s 

6 ‘‘APEC Coordinator’’. 

7 (2) DUTIES OF APEC COORDINATORS.— 

8 (A) IN GENERAL.—The APEC Coordinators 

9 of the appropriate departments and agencies des10 ignated in accordance with paragraph (1) shall, 

11 in consultation with the United States Ambas12 sador to APEC, set department- and agency13 wide guidelines for each such department’s or 

14 agency’s participation at APEC. 

15 (B) REPORT.—Not later than 180 days 

16 after the date of the enactment of this Act and 

17 annually thereafter, the Secretary of State, with 

18 input from each APEC Coordinator, shall sub19 mit to the appropriate congressional committees 

20 a report on efforts to enhance each department’s 

21 and agency’s participation at APEC. 

22 (d) ENHANCING SMALL BUSINESS PARTICIPATION AT

23 APEC.— 

24 (1) DESIGNATION OF SMALL BUSINESS LIAI25 SON.—The Secretary of State shall designate an existVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00161 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 ing officer within the Bureau of East Asian and Pa2 cific Affairs to serve as a ‘‘Small Business Liaison’’. 

3 Such designee shall be of the appropriate senior rank. 

4 (2) DEPARTMENT OF STATE WEBSITE.—The Sec5 retary of State shall post on the website of the Depart6 ment of State a dedicated page for United States 

7 small businesses to facilitate direct communication 

8 between the United States Government and the busi9 ness community concerning APEC. 

10 (3) COORDINATION.—The Secretary of State 

11 shall coordinate with existing private sector partners 

12 and relevant business associations to promote partici13 pation by small businesses at APEC. The Secretary 

14 shall ensure that notices about meetings and briefings 

15 provided by United States APEC officials on APEC16 related issues are posted on the website of the Depart17 ment of State (in accordance with paragraph (2)) not 

18 later than 15 days before the dates of such meetings 

19 and briefings. 

20 (e) REPORT ON HOSTING OF APEC 2011 IN THE

21 UNITED STATES.—Not later than 90 days after the date 

22 of the enactment of this Act, the Secretary of State shall 

23 submit to the appropriate congressional committees a report 

24 detailing the mechanisms that are in place or are being con25 sidered for hosting the 2011 meeting of APEC in the United 


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1 States, including an analysis of the estimated or projected 

2 costs associated with such meetings. 

3 TITLE V—UNITED STATES 

4 INTERNATIONAL BROAD5 CASTING 

6 SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR 

7 INTERNATIONAL BROADCASTING. 

8 The following amounts are authorized to be appro9 priated to carry out United States international broad10 casting activities under the United States Information and 

11 Educational Exchange Act of 1948, the Radio Broadcasting 

12 to Cuba Act, the Television Broadcasting to Cuba Act, the 

13 United States International Broadcasting Act of 1994, and 

14 the Foreign Affairs Reform and Restructuring Act of 1998, 

15 and to carry out other authorities in law consistent with 

16 such purposes: 

17 (1) For ‘‘International Broadcasting Oper18 ations’’, $732,187,000 for fiscal year 2010 and such 

19 sums as may be necessary for fiscal year 2011. 

20 (2) For ‘‘Broadcasting Capital Improvements’’, 

21 $13,263,000 for fiscal year 2010 and such sums as 

22 may be necessary for fiscal year 2011. 


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1 SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM. 

2 Section 504 of the Foreign Relations Authorization 

3 Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 

4 6206 note), is amended— 

5 (1) in the section heading, by striking ‘‘PILOT’’; 

6 (2) in subsection (a)— 

7 (A) by striking ‘‘pilot’’; and 

8 (B) adding at the end the following new 

9 sentence: ‘‘An individual hired as a personal 

10 service contractor pursuant to this section shall 

11 not, by virtue of such hiring, be considered to be 

12 an employee of the United States Government for 

13 purposes of any law administered by the Office 

14 of Personnel Management.’’; 

15 (3) in subsection (b)— 

16 (A) in paragraph (4), by striking ‘‘60’’ and 

17 inserting ‘‘200’’; and 

18 (B) by adding at the end the following new 

19 paragraph: 

20 ‘‘(5) The annual salary rate for personal services 

21 contractors may not exceed the rate for level IV of the 

22 Executive Schedule.’’; and 

23 (4) in subsection (c), by striking ‘‘2009’’ and in24 serting ‘‘2011’’. 


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

2 Section 308(h)(1)(C) of the United States Inter3 national Broadcasting Act of 1994 (22 U.S.C. 

4 6207(h)(1)(C)) is amended— 

5 (1) by inserting ‘‘and one employee abroad’’ 

6 after ‘‘D.C.’’; 

7 (2) by striking ‘‘III’’ and inserting ‘‘II’’; and 

8 (3) by striking ‘‘5314’’ and inserting ‘‘5313’’. 

9 SEC. 504. EMPLOYMENT FOR INTERNATIONAL BROAD10 CASTING. 

11 Section 804(1) of the United States Information and 

12 Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) is 

13 amended by inserting after ‘‘suitably qualified United 

14 States citizens’’ the following: ‘‘(for purposes of this para15 graph, the term ‘suitably qualified United States citizens’ 

16 means those United States citizen applicants who are equal17 ly or better qualified than non-United States citizen appli18 cants)’’. 

19 SEC. 505. DOMESTIC RELEASE OF THE VOICE OF AMERICA 

20 FILM ENTITLED ‘‘A FATEFUL HARVEST’’. 

21 (a) IN GENERAL.—Notwithstanding section 208 of the 

22 Foreign Relations Authorization Act, Fiscal Years 1986 

23 and 1987 (22 U.S.C. 1461–1a) and section 501(b) of the 

24 United States Information and Educational Exchange Act 

25 of 1948 (22 U.S.C. 1461(b)), the Director of the Inter26 national Broadcasting Bureau shall provide a master copy 


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1 of the film entitled ‘‘A Fateful Harvest’’ to the Archivist 

2 of the United States for domestic release in accordance with 

3 subsection (b). 

4 (b) DOMESTIC RELEASE.—Upon evidence that nec5 essary United States rights and licenses have been secured 

6 by the person seeking domestic release of the film referred 

7 to in subsection (a), the Archivist shall— 

8 (1) deposit the film in the National Archives of 

9 the United States; and 

10 (2) make copies of the film available for purchase 

11 and public viewing within the United States. 

12 SEC. 506. ESTABLISHING PERMANENT AUTHORITY FOR 

13 RADIO FREE ASIA. 

14 Section 309 of the United States International Broad15 casting Act of 1994 (22 U.S.C. 6208) is amended— 

16 (1) in subsection (c)(2), by striking ‘‘, and shall 

17 further specify that funds to carry out the activities 

18 of Radio Free Asia may not be available after Sep19 tember 30, 2010’’; 

20 (2) by striking subsection (f); and 

21 (3) by redesignating subsections (g) and (h) as 

22 subsection (f) and (g), respectively. 

23 TITLE VI—PEACE CORPS 

24 SEC. 601. FINDINGS; STATEMENT OF POLICY. 

25 (a) FINDINGS.—Congress finds the following: 


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1 (1) On October 14, 1960, then Senator John F. 

2 Kennedy addressed students on the steps of the Uni3 versity of Michigan Union to enlist their effort to 

4 make the world a better place by serving their country 

5 abroad. 

6 (2) On March 1, 1961, then President John F. 

7 Kennedy signed an Executive Order establishing a 

8 Peace Corps that was ‘‘designed to permit our people 

9 to exercise more fully their responsibilities in the 

10 great common cause of world development’’. 

11 (3) Since its establishment, the Peace Corps has 

12 been guided by its mission to promote world peace 

13 and friendship and has sought to fulfill the following 

14 three goals: 

15 (A) To help the people of interested coun16 tries in meeting their needs for trained men and 

17 women. 

18 (B) To promote a better understanding of 

19 Americans on the part of the peoples served. 

20 (C) To help promote a better understanding 

21 of other peoples on the part of Americans. 

22 (4) Over the last 48 years, nearly 200,000 Peace 

23 Corps volunteers have served in 139 countries. 

24 (5) The Peace Corps is the world’s premier inter25 national service organization dedicated to promoting 


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1 sustainable grassroots development by working with 

2 host communities in the areas of agriculture, business 

3 development, education, the environment, health and 

4 HIV/AIDS, and youth. 

5 (6) The Peace Corps remains committed to send6 ing well trained and well supported Peace Corps vol7 unteers overseas to promote peace, friendship, cross8 cultural awareness, and mutual understanding be9 tween the United States and other countries. The 

10 Peace Corps has an impressive record of engendering 

11 good will through the service that American volun12 teers provide. 

13 (7) Recognizing the Peace Corps’ unique and ef14 fective role in promoting volunteer service by Amer15 ican citizens, President Obama and Vice President 

16 Biden announced their intent to double the size of 

17 Peace Corps in an expeditious and effective manner. 

18 (8) Over 13,000 Americans applied in 2008 to 

19 volunteer their service to serve the world’s poorest 

20 communities in the Peace Corps, a 16 percent in21 crease over the nearly 11,000 applications received in 

22 2007. 

23 (9) Under current funding levels, the Peace 

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1 tunity to serve their country and the world. At the 

2 end of fiscal year 2008, there were nearly 8,000 Peace 

3 Corps volunteers serving in 76 countries around the 

4 world. 

5 (b) STATEMENT OF POLICY.—It is the policy of the 

6 United States to— 

7 (1) double the number of Peace Corps volunteers 

8 and strengthen and improve the Peace Corps and its 

9 programs; 

10 (2) improve the coordination of Peace Corps pro11 grams with development programs of other Federal 

12 departments and agencies, without diminishing the 

13 independence of the Peace Corps; and 

14 (3) promote all types of volunteerism by Ameri15 cans in the developing world. 

16 SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT. 

17 (a) PEACE CORPS RESPONSE PROGRAM.—The Peace 

18 Corps Act (22 U.S.C. 2501 et seq.) is amended by inserting 

19 after section 5 the following new section: 

20 ‘‘SEC. 5A. PEACE CORPS RESPONSE PROGRAM. 

21 ‘‘The Director of the Peace Corps is authorized to es22 tablish a special program that assigns returned Peace Corps 

23 volunteers or other volunteers to provide short-term develop24 ment or other relief assistance or to otherwise be assigned 

25 or made available to any entity referred to in subsection 


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1 (a)(1) of section 10. The term of such service shall be less 

2 than the term of service of a volunteer under section 5. Ex3 cept to the extent determined necessary and appropriate by 

4 the Director, the program established under this section 

5 may not cause a diminution in the number or quality of 

6 projects or volunteers assigned to longer term assignments 

7 under section 5.’’. 

8 (b) COORDINATION OF PEACE CORPS PROGRAMS.— 

9 Paragraph (2) of section 4(c) of the Peace Corps Act (22 

10 U.S.C. 2503(c)) is amended to read as follows: 

11 ‘‘(2) The Director of the Peace Corps shall, as appro12 priate and to the maximum extent practicable without di13 minishing any program or operational independence, work 

14 with the heads of Federal departments and agencies to iden15 tify synergies and avoid duplication of efforts with Peace 

16 Corps programs in the field and at headquarters.’’. 

17 (c) READJUSTMENT ALLOWANCE.—Subsection (c) of 

18 section 5 of the Peace Corps Act (22 U.S.C. 2504(c)) is 

19 amended, in the first sentence, by striking ‘‘$125’’ and in20 serting ‘‘$225’’. 

21 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

22 3(b)(1) of the Peace Corps Act (22 U.S.C. 2502(b)(1)) is 

23 amended by striking ‘‘$270,000,000’’ and all that follows 

24 through the period at the end and inserting the following: 


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1 ‘‘$450,000,000 for fiscal year 2010 and such sums as may 

2 be necessary for fiscal year 2011.’’. 

3 SEC. 603. REPORT. 

4 (a) PEACE CORPS RESPONSE PROGRAM REPORT.— 

5 Not later than one year after the date of the enactment of 

6 this Act, the Director of the Peace Corps shall submit to 

7 the appropriate congressional committees a report on the 

8 Peace Corps Response Program or any similar program de9 veloped under in accordance with section 5A of the Peace 

10 Corps Act (as added by section 602(a) of this Act), includ11 ing information on the following: 

12 (1) The achievements and challenges of the Peace 

13 Corps Response Program or any similar program 

14 since its inception as the Peace Corps Crisis Corps in 

15 1996. 

16 (2) The goals, objectives, program areas, and 

17 growth projections for the Peace Corps Response Pro18 gram or any similar program from fiscal year 2010 

19 through fiscal year 2011. 

20 (3) The process and standards for selecting part21 ner organizations and projects for the Peace Corps 

22 Response Program or any similar program. 

23 (4) The standards and requirements used to se24 lect volunteers for service under the Peace Corps Re25 sponse Program or any similar program. 


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1 (5) The measures used to evaluate projects of the 

2 Peace Corps Response Program or any similar pro3 gram and the effectiveness of volunteers assigned to 

4 such Program or similar program at achieving iden5 tified objectives. 

6 (b) ANNUAL REPORTS.—Not later than one year after 

7 the date of the enactment of this Act and annually there8 after, the Director of the Peace Corps shall submit to the 

9 appropriate congressional committees a report on progress 

10 made in carrying out this title, including efforts to 

11 strengthen coordination between the Peace Corps and other 

12 Federal departments and agencies carrying out develop13 ment assistance programs (as required under paragraph (2) 

14 of section 4(c) of the Peace Corps Act (22 U.S.C. 2503(c)), 

15 as amended by section 602(b) of this Act). 

16 TITLE VII—SENATOR PAUL 

17 SIMON STUDY ABROAD FOUN18 DATION ACT OF 2009 

19 SEC. 701. SHORT TITLE. 

20 This Act may be cited as the ‘‘Senator Paul Simon 

21 Study Abroad Foundation Act of 2009’’. 

22 SEC. 702. FINDINGS. 

23 Congress makes the following findings: 

24 (1) According to former President George W. 

25 Bush, ‘‘America’s leadership and national security 


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1 rest on our commitment to educate and prepare our 

2 youth for active engagement in the international com3 munity.’’. 

4 (2) According to former President William J. 

5 Clinton, ‘‘Today, the defense of United States inter6 ests, the effective management of global issues, and 

7 even an understanding of our Nation’s diversity re8 quire ever-greater contact with, and understanding of, 

9 people and cultures beyond our borders.’’. 

10 (3) Congress authorized the establishment of the 

11 Commission on the Abraham Lincoln Study Abroad 

12 Fellowship Program pursuant to section 104 of the 

13 Miscellaneous Appropriations and Offsets Act, 2004 

14 (division h of Public Law 108–199). Pursuant to its 

15 mandate, the Lincoln Commission has submitted to 

16 Congress and the President a report of its rec17 ommendations for greatly expanding the opportunity 

18 for students at institutions of higher education in the 

19 United States to study abroad, with special emphasis 

20 on studying in developing nations. 

21 (4) According to the Lincoln Commission, 

22 ‘‘[s]tudy abroad is one of the major means of pro23 ducing foreign language speakers and enhancing for24 eign language learning’’ and, for that reason, ‘‘is sim25 ply essential to the [N]ation’s security.’’. 


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1 (5) Studies consistently show that United States 

2 students score below their counterparts in other ad3 vanced countries on indicators of international 

4 knowledge. This lack of global literacy is a national 

5 liability in an age of global trade and business, global 

6 interdependence, and global terror. 

7 (6) Americans believe that it is important for 

8 their children to learn other languages, study abroad, 

9 attend a college where they can interact with inter10 national students, learn about other countries and 

11 cultures, and generally be prepared for the global age. 

12 (7) In today’s world, it is more important than 

13 ever for the United States to be a responsible, con14 structive leader that other countries are willing to fol15 low. Such leadership cannot be sustained without an 

16 informed citizenry with significant knowledge and 

17 awareness of the world. 

18 (8) Study abroad has proven to be a very effec19 tive means of imparting international and foreign 

20 language competency to students. 

21 (9) In any given year, only approximately one 

22 percent of all students enrolled in United States insti23 tutions of higher education study abroad. 


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1 (10) Less than 10 percent of the students who 

2 graduate from United States institutions of higher 

3 education with bachelors degrees have studied abroad. 

4 (11) Far more study abroad must take place in 

5 developing countries. Ninety-five percent of the 

6 world’s population growth over the next 50 years will 

7 occur outside of Europe, yet in the academic year 

8 2004–2005, 60 percent of United States students 

9 studying abroad studied in Europe, and 45 percent 

10 studied in four countries—the United Kingdom, 

11 Italy, Spain, and France. 

12 (12) The Final Report of the National Commis13 sion on Terrorist Attacks Upon the United States (the 

14 9/11 Commission Report) recommended that the 

15 United States increase support for ‘‘scholarship, ex16 change, and library programs’’. The 9/11 Public Dis17 course Project, successor to the 9/11 Commission, 

18 noted in its November 14, 2005, status report that 

19 this recommendation was ‘‘unfulfilled,’’ and stated 

20 that ‘‘[t]he U.S. should increase support for scholar21 ship and exchange programs, our most powerful tool 

22 to shape attitudes over the course of a generation.’’. 

23 In its December 5, 2005, Final Report on the 9/11 

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1 course Project gave the government a grade of ‘‘D’’ for 

2 its implementation of this recommendation. 

3 (13) Investing in a national study abroad pro4 gram would help turn a grade of ‘‘D’’ into an ‘‘A’’ 

5 by equipping United States students to communicate 

6 United States values and way of life through the 

7 unique dialogue that takes place among citizens from 

8 around the world when individuals study abroad. 

9 (14) An enhanced national study abroad pro10 gram could help further the goals of other United 

11 States Government initiatives to promote educational, 

12 social, and political reform and the status of women 

13 in developing and reforming societies around the 

14 world, such as the Middle East Partnership Initia15 tive. 

16 (15) To complement such worthwhile Federal 

17 programs and initiatives as the Benjamin A. Gilman 

18 International Scholarship Program, the National Se19 curity Education Program, and the National Secu20 rity Language Initiative, a broad-based under21 graduate study abroad program is needed that will 

22 make many more study abroad opportunities acces23 sible to all undergraduate students, regardless of their 

24 field of study, ethnicity, socio-economic status, or gen25 der. 


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1 (16) To restore America’s standing in the world, 

2 President Barack Obama has said that he will call on 

3 our nation’s greatest resource, our people, to reach out 

4 to and engage with other nations. 

5 SEC. 703. PURPOSES. 

6 The purposes of this title are— 

7 (1) to significantly enhance the global competi8 tiveness and international knowledge base of the 

9 United States by ensuring that more United States 

10 students have the opportunity to acquire foreign lan11 guage skills and international knowledge through sig12 nificantly expanded study abroad; 

13 (2) to enhance the foreign policy capacity of the 

14 United States by significantly expanding and diversi15 fying the talent pool of individuals with non-tradi16 tional foreign language skills and cultural knowledge 

17 in the United States who are available for recruit18 ment by United States foreign affairs agencies, legis19 lative branch agencies, and nongovernmental organi20 zations involved in foreign affairs activities; 

21 (3) to ensure that an increasing portion of study 

22 abroad by United States students will take place in 

23 nontraditional study abroad destinations such as the 

24 People’s Republic of China, countries of the Middle 

25 East region, and developing countries; and 


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1 (4) to create greater cultural understanding of 

2 the United States by exposing foreign students and 

3 their families to United States students in countries 

4 that have not traditionally hosted large numbers of 

5 United States students. 

6 SEC. 704. DEFINITIONS. 

7 In this title: 

8 (1) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—The term ‘‘appropriate congressional commit10 tees’’ means— 

11 (A) the Committee on Foreign Affairs and 

12 the Committee on Appropriations of the House of 

13 Representatives; and 

14 (B) the Committee on Foreign Relations 

15 and the Committee on Appropriations of the 

16 Senate. 

17 (2) BOARD.—The term ‘‘Board’’ means the 

18 Board of Directors of the Foundation established pur19 suant to section 705(d). 

20 (3) CHIEF EXECUTIVE OFFICER.—The term 

21 ‘‘Chief Executive Officer’’ means the chief executive of22 ficer of the Foundation appointed pursuant to section 

23 705(c). 


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1 (4) FOUNDATION.—The term ‘‘Foundation’’ 

2 means the Senator Paul Simon Study Abroad Foun3 dation established by section 705(a). 

4 (5) INSTITUTION OF HIGHER EDUCATION.—The 

5 term ‘‘institution of higher education’’ has the mean6 ing given the term in section 101(a) of the Higher 

7 Education Act of 1965 (20 U.S.C. 1001(a)). 

8 (6) NATIONAL OF THE UNITED STATES.—The 

9 term ‘‘national of the United States’’ means a na10 tional of the United States or an alien lawfully ad11 mitted for permanent residence (as those terms are 

12 defined in section 101 of the Immigration and Na13 tionality Act (8 U.S.C. 1101)). 

14 (7) NONTRADITIONAL STUDY ABROAD DESTINA15 TION.—The term ‘‘nontraditional study abroad des16 tination’’ means a location that is determined by the 

17 Foundation to be a less common destination for 

18 United States students who study abroad. 

19 (8) STUDY ABROAD.—The term ‘‘study abroad’’ 

20 means an educational program of study, work, re21 search, internship, or combination thereof that is con22 ducted outside the United States and that carries aca23 demic credit toward fulfilling the participating stu24 dent’s degree requirements. 


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1 (9) UNITED STATES.—The term ‘‘United States’’ 

2 means any of the several States, the District of Co3 lumbia, Puerto Rico, the Northern Mariana Islands, 

4 the Virgin Islands, Guam, American Samoa, and any 

5 other territory or possession of the United States. 

6 (10) UNITED STATES STUDENT.—The term 

7 ‘‘United States student’’ means a national of the 

8 United States who is enrolled at an institution of 

9 higher education located within the United States. 

10 SEC. 705. ESTABLISHMENT AND MANAGEMENT OF THE SEN11 ATOR PAUL SIMON STUDY ABROAD FOUNDA12 TION. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—There is established in the ex15 ecutive branch a corporation to be known as the 

16 ‘‘Senator Paul Simon Study Abroad Foundation’’ 

17 that shall be responsible for carrying out this title. 

18 The Foundation shall be a government corporation, as 

19 defined in section 103 of title 5, United States Code. 

20 (2) BOARD OF DIRECTORS.—The Foundation 

21 shall be governed by a Board of Directors in accord22 ance with subsection (d). 

23 (3) INTENT OF CONGRESS.—It is the intent of 

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1 tion set forth in this subsection to create an entity 

2 that will administer a study abroad program that— 

3 (A) serves the long-term foreign policy and 

4 national security needs of the United States; but 

5 (B) operates independently of short-term po6 litical and foreign policy considerations. 

7 (b) MANDATE OF FOUNDATION.—In administering the 

8 program referred to in subsection (a)(3), the Foundation 

9 shall— 

10 (1) promote the objectives and purposes of this 

11 title; 

12 (2) through responsive, flexible grant-making, 

13 promote access to study abroad opportunities by 

14 United States students at diverse institutions of high15 er education, including two-year institutions, minor16 ity-serving institutions, and institutions that serve 

17 nontraditional students; 

18 (3) through creative grant-making, promote ac19 cess to study abroad opportunities by diverse United 

20 States students, including minority students, students 

21 of limited financial means, and nontraditional stu22 dents; 

23 (4) solicit funds from the private sector to sup24 plement funds made available under this title; and 


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1 (5) minimize administrative costs and maximize 

2 the availability of funds for grants under this title. 

3 (c) CHIEF EXECUTIVE OFFICER.— 

4 (1) IN GENERAL.—There shall be in the Founda5 tion a Chief Executive Officer who shall be responsible 

6 for the management of the Foundation. 

7 (2) APPOINTMENT.—The Chief Executive Officer 

8 shall be appointed by the Board and shall be a recog9 nized leader in higher education, business, or foreign 

10 policy, chosen on the basis of a rigorous search. 

11 (3) RELATIONSHIP TO BOARD.—The Chief Exec12 utive Officer shall report to and be under the direct 

13 authority of the Board. 

14 (4) COMPENSATION AND RANK.— 

15 (A) IN GENERAL.—The Chief Executive Of16 ficer shall be compensated at the rate provided 

17 for level IV of the Executive Schedule under sec18 tion 5315 of title 5, United States Code. 

19 (B) AMENDMENT.—Section 5315 of title 5, 

20 United States Code, is amended by adding at the 

21 end the following: 

22 ‘‘Chief Executive Officer, Senator Paul Simon 

23 Study Abroad Foundation.’’. 

24 (5) AUTHORITIES AND DUTIES.—The Chief Exec25 utive Officer shall be responsible for the management 


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1 of the Foundation and shall exercise the powers and 

2 discharge the duties of the Foundation. 

3 (6) AUTHORITY TO APPOINT OFFICERS.—In con4 sultation and with approval of the Board, the Chief 

5 Executive Officer shall appoint all officers of the 

6 Foundation. 

7 (d) BOARD OF DIRECTORS.— 

8 (1) ESTABLISHMENT.—There shall be in the 

9 Foundation a Board of Directors. 

10 (2) DUTIES.—The Board shall perform the func11 tions specified to be carried out by the Board in this 

12 title and may prescribe, amend, and repeal by-laws, 

13 rules, regulations, and procedures governing the man14 ner in which the business of the Foundation may be 

15 conducted and in which the powers granted to it by 

16 law may be exercised. 

17 (3) MEMBERSHIP.—The Board shall consist of— 

18 (A) the Secretary of State (or the Sec19 retary’s designee), the Secretary of Education (or 

20 the Secretary’s designee), the Secretary of De21 fense (or the Secretary’s designee), and the Ad22 ministrator of the United States Agency for 

23 International Development (or the Administra24 tor’s designee); and 


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1 (B) five other individuals with relevant ex2 perience in matters relating to study abroad 

3 (such as individuals who represent institutions 

4 of higher education, business organizations, for5 eign policy organizations, or other relevant orga6 nizations) who shall be appointed by the Presi7 dent, by and with the advice and consent of the 

8 Senate, of which— 

9 (i) one individual shall be appointed 

10 from among a list of individuals submitted 

11 by the majority leader of the House of Rep12 resentatives; 

13 (ii) one individual shall be appointed 

14 from among a list of individuals submitted 

15 by the minority leader of the House of Rep16 resentatives; 

17 (iii) one individual shall be appointed 

18 from among a list of individuals submitted 

19 by the majority leader of the Senate; and 

20 (iv) one individual shall be appointed 

21 from among a list of individuals submitted 

22 by the minority leader of the Senate. 

23 (4) CHIEF EXECUTIVE OFFICER.—The Chief Ex24 ecutive Officer of the Foundation shall serve as a non25 voting, ex-officio member of the Board. 


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1 (5) TERMS.— 

2 (A) OFFICERS OF THE FEDERAL GOVERN3 MENT.—Each member of the Board described in 

4 paragraph (3)(A) shall serve for a term that is 

5 concurrent with the term of service of the indi6 vidual’s position as an officer within the other 

7 Federal department or agency. 

8 (B) OTHER MEMBERS.—Each member of 

9 the Board described in paragraph (3)(B) shall be 

10 appointed for a term of three years and may be 

11 reappointed for one additional three-year term. 

12 (C) VACANCIES.—A vacancy in the Board 

13 shall be filled in the manner in which the origi14 nal appointment was made. 

15 (6) CHAIRPERSON.—There shall be a Chair16 person of the Board. The Secretary of State (or the 

17 Secretary’s designee) shall serve as the Chairperson. 

18 (7) QUORUM.—A majority of the members of the 

19 Board described in paragraph (3) shall constitute a 

20 quorum, which, except with respect to a meeting of 

21 the Board during the 135-day period beginning on 

22 the date of the enactment of this Act, shall include at 

23 least one member of the Board described in paragraph 

24 (3)(B). 


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1 (8) MEETINGS.—The Board shall meet at the call 

2 of the Chairperson. 

3 (9) COMPENSATION.— 

4 (A) OFFICERS OF THE FEDERAL GOVERN5 MENT.— 

6 (i) IN GENERAL.—A member of the 

7 Board described in paragraph (3)(A) may 

8 not receive additional pay, allowances, or 

9 benefits by reason of the member’s service on 

10 the Board. 

11 (ii) TRAVEL EXPENSES.—Each such 

12 member of the Board shall receive travel ex13 penses, including per diem in lieu of sub14 sistence, in accordance with applicable pro15 visions under subchapter I of chapter 57 of 

16 title 5, United States Code. 

17 (B) OTHER MEMBERS.— 

18 (i) IN GENERAL.—Except as provided 

19 in clause (ii), a member of the Board de20 scribed in paragraph (3)(B) while away 

21 from the member’s home or regular place of 

22 business on necessary travel in the actual 

23 performance of duties as a member of the 

24 Board, shall be paid per diem, travel, and 

25 transportation expenses in the same manner 


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1 as is provided under subchapter I of chapter 

2 57 of title 5, United States Code. 

3 (ii) LIMITATION.—A member of the 

4 Board may not be paid compensation under 

5 clause (i) for more than 90 days in any cal6 endar year. 

7 SEC. 706. ESTABLISHMENT AND OPERATION OF PROGRAM. 

8 (a) ESTABLISHMENT OF THE PROGRAM.—There is 

9 hereby established a program, which shall— 

10 (1) be administered by the Foundation; and 

11 (2) award grants to— 

12 (A) United States students for study 

13 abroad; 

14 (B) nongovernmental institutions that pro15 vide and promote study abroad opportunities for 

16 United States students, in consortium with insti17 tutions described in subparagraph (C); and 

18 (C) institutions of higher education, indi19 vidually or in consortium, in order to accom20 plish the objectives set forth in subsection (b). 

21 (b) OBJECTIVES.—The objectives of the program estab22 lished under subsection (a) are that, within ten years of 

23 the date of the enactment of this Act— 


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1 (1) not less than 1,000,000 undergraduate 

2 United States students will study abroad annually for 

3 credit; 

4 (2) the demographics of study-abroad participa5 tion will reflect the demographics of the United States 

6 undergraduate population, including students en7 rolled in community colleges, minority-serving insti8 tutions, and institutions serving large numbers of 

9 low-income and first-generation students; and 

10 (3) an increasing portion of study abroad will 

11 take place in nontraditional study abroad destina12 tions, with a substantial portion of such increases 

13 taking place in developing countries. 

14 (c) MANDATE OF THE PROGRAM.—In order to accom15 plish the objectives set forth in subsection (b), the Founda16 tion shall, in administering the program established under 

17 subsection (a), take fully into account the recommendations 

18 of the Commission on the Abraham Lincoln Study Abroad 

19 Fellowship Program (established pursuant to section 104 of 

20 the Miscellaneous Appropriations and Offsets Act, 2004 (di21 vision H of Public Law 108–199)). 

22 (d) STRUCTURE OF GRANTS.— 

23 (1) PROMOTING REFORM.—In accordance with 

24 the recommendations of the Commission on the Abra25 ham Lincoln Study Abroad Fellowship Program, 


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1 grants awarded under the program established under 

2 subsection (a) shall be structured to the maximum ex3 tent practicable to promote appropriate reforms in 

4 institutions of higher education in order to remove 

5 barriers to participation by students in study abroad. 

6 (2) GRANTS TO INDIVIDUALS AND INSTITU7 TIONS.—It is the sense of Congress that— 

8 (A) the Foundation should award not more 

9 than 25 percent of the funds awarded as grants 

10 to individuals described in subparagraph (A) of 

11 subsection (a)(2) and not less than 75 percent of 

12 such funds to institutions described in subpara13 graphs (B) and (C) of such subsection; and 

14 (B) the Foundation should ensure that not 

15 less than 85 percent of the amount awarded to 

16 such institutions is used to award scholarships to 

17 students. 

18 (e) BALANCE OF LONG-TERM AND SHORT-TERM

19 STUDY ABROAD PROGRAMS.—In administering the pro20 gram established under subsection (a), the Foundation shall 

21 seek an appropriate balance between— 

22 (1) longer-term study abroad programs, which 

23 maximize foreign-language learning and intercultural 

24 understanding; and 


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1 (2) shorter-term study abroad programs, which 

2 maximize the accessibility of study abroad to non3 traditional students. 

4 (f) QUALITY AND SAFETY IN STUDY ABROAD.—In ad5 ministering the program established under subsection (a), 

6 the Foundation shall require that institutions receiving 

7 grants demonstrate that— 

8 (1) the study abroad programs for which stu9 dents receive grant funds are for academic credit; and 

10 (2) the programs have established health and 

11 safety guidelines and procedures. 

12 SEC. 707. ANNUAL REPORT. 

13 (a) REPORT REQUIRED.—Not later than December 15, 

14 2010, and each December 15 thereafter, the Foundation 

15 shall submit to the appropriate congressional committees a 

16 report on the implementation of this title during the prior 

17 fiscal year. 

18 (b) CONTENTS.—The report required by subsection (a) 

19 shall include— 

20 (1) the total financial resources available to the 

21 Foundation during the year, including appropriated 

22 funds, the value and source of any gifts or donations 

23 accepted pursuant to section 708(a)(6), and any other 

24 resources; 


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1 (2) a description of the Board’s policy priorities 

2 for the year and the bases upon which grant proposals 

3 were solicited and awarded to institutions of higher 

4 education, nongovernmental institutions, and consor5 tiums pursuant to sections 706(a)(2)(B) and 

6 706(a)(2)(C); 

7 (3) a list of grants made to institutions of higher 

8 education, nongovernmental institutions, and consor9 tiums pursuant to sections 706(a)(2)(B) and 

10 706(a)(2)(C) that includes the identity of the institu11 tional recipient, the dollar amount, the estimated 

12 number of study abroad opportunities provided to 

13 United States students by each grant, the amount of 

14 the grant used by each institution for administrative 

15 expenses, and information on cost-sharing by each in16 stitution receiving a grant; 

17 (4) a description of the bases upon which the 

18 Foundation made grants directly to United States 

19 students pursuant to section 706(a)(2)(A); 

20 (5) the number and total dollar amount of 

21 grants made directly to United States students by the 

22 Foundation pursuant to section 706(a)(2)(A); and 

23 (6) the total administrative and operating ex24 penses of the Foundation for the year, as well as spe25 cific information on— 


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1 (A) the number of Foundation employees 

2 and the cost of compensation for Board members, 

3 Foundation employees, and personal service con4 tractors; 

5 (B) costs associated with securing the use of 

6 real property for carrying out the functions of 

7 the Foundation; 

8 (C) total travel expenses incurred by Board 

9 members and Foundation employees in connec10 tion with Foundation activities; and 

11 (D) total representational expenses. 

12 SEC. 708. POWERS OF THE FOUNDATION; RELATED PROVI13 SIONS. 

14 (a) POWERS.—The Foundation— 

15 (1) shall have perpetual succession unless dis16 solved by a law enacted after the date of the enact17 ment of this Act; 

18 (2) may adopt, alter, and use a seal, which shall 

19 be judicially noticed; 

20 (3) may make and perform such contracts, 

21 grants, and other agreements with any person or gov22 ernment however designated and wherever situated, as 

23 may be necessary for carrying out the functions of the 

24 Foundation; 


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1 (4) may determine and prescribe the manner in 

2 which its obligations shall be incurred and its ex3 penses allowed and paid, including expenses for rep4 resentation; 

5 (5) may lease, purchase, or otherwise acquire, 

6 improve, and use such real property wherever situ7 ated, as may be necessary for carrying out the func8 tions of the Foundation; 

9 (6) may accept cash gifts or donations of services 

10 or of property (real, personal, or mixed), tangible or 

11 intangible, for the purpose of carrying out the provi12 sions of this title; 

13 (7) may use the United States mails in the same 

14 manner and on the same conditions as the executive 

15 departments; 

16 (8) may contract with individuals for personal 

17 services, who shall not be considered Federal employ18 ees for any provision of law administered by the Of19 fice of Personnel Management; 

20 (9) may hire or obtain passenger motor vehicles; 

21 and 

22 (10) shall have such other powers as may be nec23 essary and incident to carrying out this title. 


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1 (b) PRINCIPAL OFFICE.—The Foundation shall main2 tain its principal office in the metropolitan area of Wash3 ington, District of Columbia. 

4 (c) APPLICABILITY OF GOVERNMENT CORPORATION

5 CONTROL ACT.— 

6 (1) IN GENERAL.—The Foundation shall be sub7 ject to chapter 91 of subtitle VI of title 31, United 

8 States Code, except that the Foundation shall not be 

9 authorized to issue obligations or offer obligations to 

10 the public. 

11 (2) CONFORMING AMENDMENT.—Section 9101(3) 

12 of title 31, United States Code, is amended by adding 

13 at the end the following new subparagraph: 

14 ‘‘(S) the Senator Paul Simon Study Abroad 

15 Foundation.’’. 

16 (d) INSPECTOR GENERAL.— 

17 (1) IN GENERAL.—The Inspector General of the 

18 Department of State shall serve as Inspector General 

19 of the Foundation, and, in acting in such capacity, 

20 may conduct reviews, investigations, and inspections 

21 of all aspects of the operations and activities of the 

22 Foundation. 

23 (2) AUTHORITY OF THE BOARD.—In carrying 

24 out the responsibilities under this subsection, the InVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00194 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 spector General shall report to and be under the gen2 eral supervision of the Board. 

3 (3) REIMBURSEMENT AND AUTHORIZATION OF

4 SERVICES.— 

5 (A) REIMBURSEMENT.—The Foundation 

6 shall reimburse the Department of State for all 

7 expenses incurred by the Inspector General in 

8 connection with the Inspector General’s respon9 sibilities under this subsection. 

10 (B) AUTHORIZATION FOR SERVICES.—Of 

11 the amount authorized to be appropriated under 

12 section 711(a) for a fiscal year, up to $2,000,000 

13 is authorized to be made available to the Inspec14 tor General of the Department of State to con15 duct reviews, investigations, and inspections of 

16 operations and activities of the Foundation. 

17 SEC. 709. GENERAL PERSONNEL AUTHORITIES. 

18 (a) DETAIL OF PERSONNEL.—Upon request of the 

19 Chief Executive Officer, the head of an agency may detail 

20 any employee of such agency to the Foundation on a reim21 bursable basis. Any employee so detailed remains, for the 

22 purpose of preserving such employee’s allowances, privi23 leges, rights, seniority, and other benefits, an employee of 

24 the agency from which detailed. 

25 (b) REEMPLOYMENT RIGHTS.— 


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1 (1) IN GENERAL.—An employee of an agency 

2 who is serving under a career or career conditional 

3 appointment (or the equivalent), and who, with the 

4 consent of the head of such agency, transfers to the 

5 Foundation, is entitled to be reemployed in such em6 ployee’s former position or a position of like seniority, 

7 status, and pay in such agency, if such employee— 

8 (A) is separated from the Foundation for 

9 any reason, other than misconduct, neglect of 

10 duty, or malfeasance; and 

11 (B) applies for reemployment not later than 

12 90 days after the date of separation from the 

13 Foundation. 

14 (2) SPECIFIC RIGHTS.—An employee who satis15 fies paragraph (1) is entitled to be reemployed (in ac16 cordance with such paragraph) within 30 days after 

17 applying for reemployment and, on reemployment, is 

18 entitled to at least the rate of basic pay to which such 

19 employee would have been entitled had such employee 

20 never transferred. 

21 (c) HIRING AUTHORITY.—Of persons employed by the 

22 Foundation, not to exceed 20 persons may be appointed, 

23 compensated, or removed without regard to the civil service 

24 laws and regulations. 


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1 (d) BASIC PAY.—The Chief Executive Officer may fix 

2 the rate of basic pay of employees of the Foundation without 

3 regard to the provisions of chapter 51 of title 5, United 

4 States Code (relating to the classification of positions), sub5 chapter III of chapter 53 of such title (relating to General 

6 Schedule pay rates), except that no employee of the Founda7 tion may receive a rate of basic pay that exceeds the rate 

8 for level IV of the Executive Schedule under section 5315 

9 of such title. 

10 (e) DEFINITIONS.—In this section— 

11 (1) the term ‘‘agency’’ means an executive agen12 cy, as defined by section 105 of title 5, United States 

13 Code; and 

14 (2) the term ‘‘detail’’ means the assignment or 

15 loan of an employee, without a change of position, 

16 from the agency by which such employee is employed 

17 to the Foundation. 

18 SEC. 710. GAO REVIEW. 

19 (a) REVIEW REQUIRED.—Not later than two years 

20 after the date of the enactment of this Act, the Comptroller 

21 General of the United States shall commence a review of 

22 the operations of the Foundation. 

23 (b) CONTENT.—In conducting the review required 

24 under subsection (a), the Comptroller General shall ana25 lyze— 


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1 (1) whether the Foundation is organized and op2 erating in a manner that will permit it to fulfill the 

3 purposes of this section, as set forth in section 603; 

4 (2) the degree to which the Foundation is oper5 ating efficiently and in a manner consistent with the 

6 requirements of paragraphs (4) and (5) of section 

7 605(b); 

8 (3) whether grant-making by the Foundation is 

9 being undertaken in a manner consistent with sub10 sections (d), (e), and (f) of section 606; 

11 (4) the extent to which the Foundation is using 

12 best practices in the implementation of this Act and 

13 the administration of the program described in sec14 tion 606; and 

15 (5) other relevant matters, as determined by the 

16 Comptroller General, after consultation with the ap17 propriate congressional committees. 

18 (c) REPORT REQUIRED.—The Comptroller General 

19 shall submit a report on the results of the review conducted 

20 under subsection (a) to the Secretary of State (in the capac21 ity of the Secretary as Chairperson of the Board of the 

22 Foundation) and to the appropriate congressional commit23 tees. 

24 SEC. 711. AUTHORIZATION OF APPROPRIATIONS. 

25 (a) AUTHORIZATION OF APPROPRIATIONS.— 


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1 (1) IN GENERAL.—There are authorized to be ap2 propriated to carry out this title $40,000,000 for fis3 cal year 2010 and $80,000,000 for fiscal year 2011. 

4 (2) AMOUNTS IN ADDITION TO OTHER AVAILABLE

5 AMOUNTS.—Amounts authorized to be appropriated 

6 by paragraph (1) are in addition to amounts author7 ized to be appropriated or otherwise made available 

8 for educational exchange programs, including the J. 

9 William Fulbright Educational Exchange Program 

10 and the Benjamin A. Gilman International Scholar11 ship Program, administered by the Bureau of Edu12 cational and Cultural Affairs of the Department of 

13 State. 

14 (b) ALLOCATION OF FUNDS.— 

15 (1) IN GENERAL.—The Foundation may allocate 

16 or transfer to any agency of the United States Gov17 ernment any of the funds available for carrying out 

18 this Act. Such funds shall be available for obligation 

19 and expenditure for the purposes for which the funds 

20 were authorized, in accordance with authority grant21 ed in this Act or under authority governing the ac22 tivities of the United States Government agency to 

23 which such funds are allocated or transferred. 

24 (2) NOTIFICATION.—The Foundation shall notify 

25 the appropriate congressional committees not less 


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1 than 15 days prior to an allocation or transfer of 

2 funds pursuant to paragraph (1). 

3 TITLE VIII—EXPORT CONTROL 

4 REFORM AND SECURITY AS5 SISTANCE 

6 Subtitle A—Defense Trade Controls 

7 Performance Improvement Act of 

8 2009 

9 SEC. 801. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Defense Trade Con11 trols Performance Improvement Act of 2009’’. 

12 SEC. 802. FINDINGS. 

13 Congress finds the following: 

14 (1) In a time of international terrorist threats 

15 and a dynamic global economic and security environ16 ment, United States policy with regard to export con17 trols is in urgent need of a comprehensive review in 

18 order to ensure such controls are protecting the na19 tional security and foreign policy interests of the 

20 United States. 

21 (2) In January 2007, the Government Account22 ability Office designated the effective identification 

23 and protection of critical technologies as a govern24 ment-wide, high-risk area, warranting a strategic reVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00200 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 examination of existing programs, including pro2 grams relating to arms export controls. 

3 (3) Federal Government agencies must review li4 censes for export of munitions in a thorough and 

5 timely manner to ensure that the United States is 

6 able to assist United States allies and to prevent nu7 clear and conventional weapons from getting into the 

8 hands of enemies of the United States. 

9 (4) Both staffing and funding that relate to the 

10 Department of State’s arms export control respon11 sibilities have not kept pace with the increased work12 load relating to such responsibilities, especially dur13 ing the current decade. 

14 (5) Outsourcing and off-shoring of defense pro15 duction and the policy of many United States trading 

16 partners to require offsets for major sales of defense 

17 and aerospace articles present a potential threat to 

18 United States national security and economic well19 being and serve to weaken the defense industrial base. 

20 (6) Export control policies can have a negative 

21 impact on United States employment, nonprolifera22 tion goals, and the health of the defense industrial 

23 base, particularly when facilitating the overseas 

24 transfer of technology or production and other forms 

25 of outsourcing, such as offsets (direct and indirect), 


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1 co-production, subcontracts, overseas investment and 

2 joint ventures in defense and commercial industries. 

3 Federal Government agencies must develop new and 

4 effective procedures for ensuring that export control 

5 systems address these problems and the threat they 

6 pose to national security. 

7 (7) In the report to Congress required by the 

8 Conference Report (Report 109–272) accompanying 

9 the bill, H.R. 2862 (the Science, State, Justice, Com10 merce and Related Agencies Appropriations Act, 

11 2006; Public Law 109–108), the Department of State 

12 concluded that— 

13 (A) defense trade licensing has become much 

14 more complex in recent years as a consequence of 

15 the increasing globalization of the defense indus16 try; 

17 (B) the most important challenge to the De18 partment of State’s licensing process has been the 

19 sheer growth in volume of applicants for licenses 

20 and agreements, without the corresponding in21 crease in licensing officers; and 

22 (C) the increase in licensing volume without 

23 a corresponding increase in trained and experi24 enced personnel has resulted in delays and in25 creased processing times. 


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1 (8) In 2006, the Department of State processed 

2 over three times as many licensing applications as the 

3 Department of Commerce with about a fifth of the 

4 staff of the Department of Commerce. 

5 (9) On July 27, 2007, in testimony delivered to 

6 the Subcommittee on Terrorism, Nonproliferation and 

7 Trade of the Committee on Foreign Affairs of the 

8 House of Representatives to examine the effectiveness 

9 of the United States export control regime, the Gov10 ernment Accountability Office found that— 

11 (A) the United States Government needs to 

12 conduct assessments to determine its overall effec13 tiveness in the area of arms export control; and 

14 (B) the processing times of the Department 

15 of State doubled over the period from 2002 to 

16 2006. 

17 (10)(A) Allowing a continuation of the status 

18 quo in resources for defense trade licensing could ulti19 mately harm the United States defense industrial 

20 base. The 2007 Institute for Defense Analysis report 

21 entitled ‘‘Export Controls and the U.S. Defense Indus22 trial Base’’ found that the large backlog and long 

23 processing times by the Department of State for ap24 plications for licenses to export defense items led to an 


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1 impairment of United States firms in some sectors to 

2 conduct global business relative to foreign competitors. 

3 (B) Additionally, the report found that United 

4 States commercial firms have been reluctant to engage 

5 in research and development activities for the Depart6 ment of Defense because this raises the future pros7 pects that the products based on this research and de8 velopment, even if intrinsically commercial, will be 

9 saddled by Department of State munitions controls 

10 due to the link to that research. 

11 (11) According to the Department of State’s fis12 cal year 2008 budget justification to Congress, com13 mercial exports licensed or approved under the Arms 

14 Export Control Act exceeded $30,000,000,000, with 

15 nearly eighty percent of these items exported to 

16 United States NATO allies and other major non17 NATO allies. 

18 (12) A Government Accountability Office report 

19 of October 9, 2001 (GAO–02–120), documented am20 biguous export control jurisdiction affecting 25 per21 cent of the items that the United States Government 

22 agreed to control as part of its commitments to the 

23 Missile Technology Control Regime. The United 

24 States Government has not clearly determined which 

25 department has jurisdiction over these items, which 


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1 increases the risk that these items will fall into the 

2 wrong hands. During both the 108th, 109th, and 

3 110th Congresses, the House of Representatives passed 

4 legislation mandating that the Administration clarify 

5 this issue. 

6 (13) During 2007 and 2008, the management 

7 and staff of the Directorate of Defense Trade Controls 

8 of the Department of State have, through extraor9 dinary effort and dedication, eliminated the large 

10 backlog of open applications and have reduced aver11 age processing times for license applications; however, 

12 the Directorate remains understaffed and long delays 

13 remain for complicated cases. 

14 SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE 

15 UNITED STATES EXPORT CONTROLS SYSTEM. 

16 (a) REVIEW AND ASSESSMENT.— 

17 (1) IN GENERAL.—Not later than March 31, 

18 2010, the President shall conduct a comprehensive 

19 and systematic review and assessment of the United 

20 States arms export controls system in the context of 

21 the national security interests and strategic foreign 

22 policy objectives of the United States. 

23 (2) ELEMENTS.—The review and assessment re24 quired under paragraph (1) shall— 


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1 (A) determine the overall effectiveness of the 

2 United States arms export controls system in 

3 order to, where appropriate, strengthen controls, 

4 improve efficiency, and reduce unnecessary 

5 redundancies across Federal Government agen6 cies, through administrative actions, including 

7 regulations, and to formulate legislative pro8 posals for new authorities that are needed; 

9 (B) develop processes to ensure better co10 ordination of arms export control activities of 

11 the Department of State with activities of other 

12 departments and agencies of the United States 

13 that are responsible for enforcing United States 

14 arms export control laws; 

15 (C) ensure that weapons-related nuclear 

16 technology, other technology related to weapons 

17 of mass destruction, and all items on the Missile 

18 Technology Control Regime Annex are subject to 

19 stringent control by the United States Govern20 ment; 

21 (D) determine the overall effect of arms ex22 port controls on counterterrorism, law enforce23 ment, and infrastructure protection missions of 

24 the Department of Homeland Security; 


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1 (E) determine the effects of export controls 

2 policies and the practices of the export control 

3 agencies on the United States defense industrial 

4 base and United States employment in the in5 dustries affected by export controls; 

6 (F) contain a detailed summary of known 

7 attempts by unauthorized end-users (such as 

8 international arms traffickers, foreign intel9 ligence agencies, and foreign terrorist organiza10 tions) to acquire items on the United States Mu11 nitions List and related technical data, includ12 ing— 

13 (i) data on— 

14 (I) commodities sought, such as 

15 M–4 rifles, night vision devices, F–14 

16 spare parts; 

17 (II) parties involved, such as the 

18 intended end-users, brokers, consignees, 

19 and shippers; 

20 (III) attempted acquisition of 

21 technology and technical data critical 

22 to manufacture items on the United 

23 States Munitions List; 

24 (IV) destination countries and 

25 transit countries; 


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1 (V) modes of transport; 

2 (VI) trafficking methods, such as 

3 use of false documentation and front 

4 companies registered under flags of 

5 convenience; 

6 (VII) whether the attempted illicit 

7 transfer was successful; and 

8 (VIII) any administrative or 

9 criminal enforcement actions taken by 

10 the United States and any other gov11 ernment in relation to the attempted 

12 illicit transfer; 

13 (ii) a thorough evaluation of the Blue 

14 Lantern Program, including the adequacy 

15 of current staffing and funding levels; 

16 (iii) a detailed analysis of licensing ex17 emptions and their successful exploitation 

18 by unauthorized end-users; and 

19 (iv) an examination of the extent to 

20 which the increased tendency toward out21 sourcing and off-shoring of defense produc22 tion harm United States national security 

23 and weaken the defense industrial base, in24 cluding direct and indirect impact on em25 ployment, and formulate policies to address 


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1 these trends as well as the policy of some 

2 United States trading partners to require 

3 offsets for major sales of defense articles; 

4 and 

5 (G) assess the extent to which export control 

6 policies and practices under the Arms Export 

7 Control Act promote the protection of basic 

8 human rights. 

9 (b) CONGRESSIONAL BRIEFINGS.—The President shall 

10 provide periodic briefings to the appropriate congressional 

11 committees on the progress of the review and assessment 

12 conducted under subsection (a). The requirement to provide 

13 congressional briefings under this subsection shall terminate 

14 on the date on which the President transmits to the appro15 priate congressional committees the report required under 

16 subsection (c). 

17 (c) REPORT.—Not later than 18 months after the date 

18 of the enactment of this Act, the President shall transmit 

19 to the appropriate congressional committees and the Com20 mittee on Armed Services of the House of Representatives 

21 and the Committee on Armed Services of the Senate a re22 port that contains the results of the review and assessment 

23 conducted under subsection (a). The report required by this 

24 subsection shall contain a certification that the requirement 

25 of subsection (a)(2)(C) has been met, or if the requirement 


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1 has not been met, the reasons therefor. The report required 

2 by this subsection shall be submitted in unclassified form, 

3 but may contain a classified annex, if necessary. 

4 SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF AP5 PLICATIONS FOR LICENSES TO EXPORT 

6 ITEMS ON UNITED STATES MUNITIONS LIST. 

7 (a) IN GENERAL.—The Secretary of State, acting 

8 through the head of the Directorate of Defense Trade Con9 trols of the Department of State, shall establish and main10 tain the following goals: 

11 (1) The processing time for review of each appli12 cation for a license to export items on the United 

13 States Munitions List (other than a Manufacturing 

14 License Agreement) shall be not more than 60 days 

15 from the date of receipt of the application. 

16 (2) The processing time for review of each appli17 cation for a commodity jurisdiction determination 

18 shall be not more than 60 days from the date of re19 ceipt of the application. 

20 (3) The total number of applications described in 

21 paragraph (1) that are unprocessed shall be not more 

22 than 7 percent of the total number of such applica23 tions submitted in the preceding calendar year. 

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1 essed within the time period described in the respective 

2 paragraph of such subsection, then the Managing Director 

3 of the Directorate of Defense Trade Controls or the Deputy 

4 Assistant Secretary for Defense Trade and Regional Secu5 rity of the Department of State, as appropriate, shall re6 view the status of the application to determine if further 

7 action is required to process the application. 

8 (2) If an application described in paragraph (1) or 

9 (2) of subsection (a) is not processed within 90 days from 

10 the date of receipt of the application, then the Assistant Sec11 retary for Political-Military Affairs of the Department of 

12 State shall— 

13 (A) review the status of the application to deter14 mine if further action is required to process the appli15 cation; and 

16 (B) submit to the appropriate congressional com17 mittees a notification of the review conducted under 

18 subparagraph (A), including a description of the ap19 plication, the reason for delay in processing the ap20 plication, and a proposal for further action to process 

21 the application. 

22 (3) For each calendar year, the Managing Director of 

23 the Directorate of Defense Trade Controls shall review not 

24 less than 2 percent of the total number of applications de25 scribed in paragraphs (1) and (2) of subsection (a) to enVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00211 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 sure that the processing of such applications, including de2 cisions to approve, deny, or return without action, is con3 sistent with both policy and regulatory requirements of the 

4 Department of State. 

5 (c) STATEMENTS OF POLICY.— 

6 (1) UNITED STATES ALLIES.—Congress states 

7 that— 

8 (A) it shall be the policy of the Directorate 

9 of Defense Trade Controls of the Department of 

10 State to ensure that, to the maximum extent 

11 practicable, the processing time for review of ap12 plications described in subsection (a)(1) to ex13 port items that are not subject to the require14 ments of section 36 (b) or (c) of the Arms Export 

15 Control Act (22 U.S.C. 2776 (b) or (c)) to 

16 United States allies in direct support of combat 

17 operations or peacekeeping or humanitarian op18 erations with United States Armed Forces is not 

19 more than 7 days from the date of receipt of the 

20 application; and 

21 (B) it shall be the goal, as appropriate, of 

22 the Directorate of Defense Trade Controls to en23 sure that, to the maximum extent practicable, the 

24 processing time for review of applications de25 scribed in subsection (a)(1) to export items that 


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1 are not subject to the requirements of section 36 

2 (b) or (c) of the Arms Export Control Act to gov3 ernment security agencies of United States 

4 NATO allies, Australia, New Zealand, Japan, 

5 South Korea, Israel, and, as appropriate, other 

6 major non-NATO allies for any purpose other 

7 than the purpose described in paragraph (1) is 

8 not more than 30 days from the date of receipt 

9 of the application. 

10 (2) PRIORITY FOR APPLICATIONS FOR EXPORT OF

11 U.S.-ORIGIN EQUIPMENT.—In meeting the goals estab12 lished by this section, it shall be the policy of the Di13 rectorate of Defense Trade Controls of the Department 

14 of State to prioritize the processing of applications for 

15 licenses and agreements necessary for the export of 

16 United States-origin equipment over applications for 

17 Manufacturing License Agreements. 

18 (d) REPORT.—Not later than December 31, 2011, and 

19 December 31, 2012, the Secretary of State shall submit to 

20 the appropriate congressional committees a report that con21 tains a detailed description of— 

22 (1)(A) the average processing time for and num23 ber of applications described in subsection (a)(1) to— 

24 (i) United States NATO allies, Australia, 

25 New Zealand, Japan, South Korea, and Israel; 


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1 (ii) other major non-NATO allies; and 

2 (iii) all other countries; and 

3 (B) to the extent practicable, the average proc4 essing time for and number of applications described 

5 in subsection (b)(1) by item category; 

6 (2) the average processing time for and number 

7 of applications described in subsection (a)(2); 

8 (3) the average processing time for and number 

9 of applications for agreements described in part 124 

10 of title 22, Code of Federal Regulations (relating to 

11 the International Traffic in Arms Regulations (other 

12 than Manufacturing License Agreements)); 

13 (4) the average processing times for applications 

14 for Manufacturing License Agreements; 

15 (5) any management decisions of the Directorate 

16 of Defense Trade Controls of the Department of State 

17 that have been made in response to data contained in 

18 paragraphs (1) through (3); and 

19 (6) any advances in technology that will allow 

20 the time-frames described in subsection (a)(1) to be 

21 substantially reduced. 

22 (e) CONGRESSIONAL BRIEFINGS.—If, at the end of any 

23 month beginning after the date of the enactment of this Act, 

24 the total number of applications described in subsection 

25 (a)(1) that are unprocessed is more than 7 percent of the 


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1 total number of such applications submitted in the pre2 ceding calendar year, then the Secretary of State, acting 

3 through the Under Secretary for Arms Control and Inter4 national Security, the Assistant Secretary for Political5 Military Affairs, or the Deputy Assistant Secretary for De6 fense Trade and Regional Security of the Department of 

7 State, as appropriate, shall brief the appropriate congres8 sional committees on such matters and the corrective meas9 ures that the Directorate of Defense Trade Controls will take 

10 to comply with the requirements of subsection (a). 

11 (f) TRANSPARENCY OF COMMODITY JURISDICTION DE12 TERMINATIONS.— 

13 (1) DECLARATION OF POLICY.—Congress declares 

14 that the complete confidentiality surrounding several 

15 hundred commodity jurisdiction determinations made 

16 each year by the Department of State pursuant to the 

17 International Traffic in Arms Regulations is not nec18 essary to protect legitimate proprietary interests of 

19 persons or their prices and customers, is not in the 

20 best security and foreign policy interests of the United 

21 States, is inconsistent with the need to ensure a level 

22 playing field for United States exporters, and detracts 

23 from United States efforts to promote greater trans24 parency and responsibility by other countries in their 

25 export control systems. 


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1 (2) PUBLICATION ON INTERNET WEBSITE.—The 

2 Secretary of State shall— 

3 (A) upon making a commodity jurisdiction 

4 determination referred to in paragraph (1) pub5 lish on the Internet website of the Department of 

6 State not later than 30 days after the date of the 

7 determination— 

8 (i) the name of the manufacturer of the 

9 item; 

10 (ii) a brief general description of the 

11 item; 

12 (iii) the model or part number of the 

13 item; and 

14 (iv) the United States Munitions List 

15 designation under which the item has been 

16 designated, except that— 

17 (I) the name of the person or busi18 ness organization that sought the com19 modity jurisdiction determination 

20 shall not be published if the person or 

21 business organization is not the manu22 facturer of the item; and 

23 (II) the names of the customers, 

24 the price of the item, and any propri25 etary information relating to the item 


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1 indicated by the person or business or2 ganization that sought the commodity 

3 jurisdiction determination shall not be 

4 published; and 

5 (B) maintain on the Internet website of the 

6 Department of State an archive, that is acces7 sible to the general public and other departments 

8 and agencies of the United States, of the infor9 mation published under subparagraph (A). 

10 (g) RULE OF CONSTRUCTION.—Nothing in this section 

11 shall be construed to prohibit the President or Congress 

12 from undertaking a thorough review of the national security 

13 and foreign policy implications of a proposed export of 

14 items on the United States Munitions List. 

15 SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF AND 

16 RESOURCES FOR THE DIRECTORATE OF DE17 FENSE TRADE CONTROLS OF THE DEPART18 MENT OF STATE. 

19 (a) REQUIREMENT.—The Secretary of State shall en20 sure that the Directorate of Defense Trade Controls of the 

21 Department of State has the necessary staff and resources 

22 to carry out this subtitle and the amendments made by this 

23 subtitle. 

24 (b) MINIMUM NUMBER OF LICENSING OFFICERS.—For 

25 fiscal year 2011 and each subsequent fiscal year, the SecVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00217 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 retary of State shall ensure that the Directorate of Defense 

2 Trade Controls has at least 1 licensing officer for every 

3 1,250 applications for licenses and other authorizations to 

4 export items on the United States Munitions List by not 

5 later than the third quarter of such fiscal year, based on 

6 the number of licenses and other authorizations expected to 

7 be received during such fiscal year. The Secretary shall en8 sure that in meeting the requirement of this subsection, the 

9 performance of other functions of the Directorate of Defense 

10 Trade Controls is maintained and adequate staff is pro11 vided for those functions. 

12 (c) MINIMUM NUMBER OF STAFF FOR COMMODITY JU13 RISDICTION DETERMINATIONS.—For each of the fiscal years 

14 2010 through 2012, the Secretary of State shall ensure that 

15 the Directorate of Defense Trade Controls has, to the extent 

16 practicable, not less than three individuals assigned to re17 view applications for commodity jurisdiction determina18 tions. 

19 (d) ENFORCEMENT RESOURCES.—In accordance with 

20 section 127.4 of title 22, Code of Federal Regulations, U.S. 

21 Immigration and Customs Enforcement is authorized to in22 vestigate violations of the International Traffic in Arms 

23 Regulations on behalf of the Directorate of Defense Trade 

24 Controls of the Department of State. The Secretary of State 

25 shall ensure that the Directorate of Defense Trade Controls 


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1 has adequate staffing for enforcement of the International 

2 Traffic in Arms Regulations. 

3 SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPART4 MENT OF STATE. 

5 (a) AUDIT.—Not later than the end of each of the fiscal 

6 years 2011 and 2012, the Inspector General of the Depart7 ment of State shall conduct an independent audit to deter8 mine the extent to which the Department of State is meeting 

9 the requirements of sections 804 and 805. 

10 (b) REPORT.—The Inspector General shall submit to 

11 the appropriate congressional committees a report that con12 tains the result of each audit conducted under subsection 

13 (a). 

14 SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE 

15 TRADE CONTROLS REGISTRATION FEES. 

16 (a) IN GENERAL.—Section 45 of the State Department 

17 Basic Authorities Act of 1956 (22 U.S.C. 2717) is amend18 ed— 

19 (1) in the first sentence— 

20 (A) by striking ‘‘For’’ and inserting ‘‘(a) IN

21 GENERAL.—For’’; and 

22 (B) by striking ‘‘Office’’ and inserting ‘‘Di23 rectorate’’; 

24 (2) by amending the second sentence to read as 

25 follows: 


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1 ‘‘(b) AVAILABILITY OF FEES.—Fees credited to the ac2 count referred to in subsection (a) shall be available only 

3 for payment of expenses incurred for— 

4 ‘‘(1) management, 

5 ‘‘(2) licensing (in order to meet the requirements 

6 of section 805 of the Defense Trade Controls Perform7 ance Improvement Act of 2009 (relating to adequate 

8 staff and resources of the Directorate of Defense Trade 

9 Controls)), 

10 ‘‘(3) compliance, 

11 ‘‘(4) policy activities, and 

12 ‘‘(5) facilities, 

13 of defense trade controls functions.’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(c) ALLOCATION OF FEES.—In allocating fees for 

16 payment of expenses described in subsection (b), the Sec17 retary of State shall accord the highest priority to payment 

18 of expenses incurred for personnel and equipment of the Di19 rectorate of Defense Trade Controls, including payment of 

20 expenses incurred to meet the requirements of section 805 

21 of the Defense Trade Controls Performance Improvement 

22 Act of 2009.’’. 

23 (b) CONFORMING AMENDMENT.—Section 38(b) of the 

24 Arms Export Control Act (22 U.S.C. 2778(b)) is amended 

25 by striking paragraph (3). 


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1 SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS 

2 REGULATIONS AND UNITED STATES MUNI3 TIONS LIST. 

4 (a) IN GENERAL.—The Secretary of State, in coordi5 nation with the heads of other relevant departments and 

6 agencies of the United States Government, shall review, 

7 with the assistance of United States manufacturers and 

8 other interested parties described in section 811(2) of this 

9 Act, the International Traffic in Arms Regulations and the 

10 United States Munitions List to determine those tech11 nologies and goods that warrant different or additional con12 trols. 

13 (b) CONDUCT OF REVIEW.—In carrying out the review 

14 required under subsection (a), the Secretary of State shall 

15 review not less than 20 percent of the technologies and goods 

16 on the International Traffic in Arms Regulations and the 

17 United States Munitions List in each calendar year so that 

18 for the 5-year period beginning with calendar year 2010, 

19 and for each subsequent 5-year period, the International 

20 Traffic in Arms Regulations and the United States Muni21 tions List will be reviewed in their entirety. 

22 (c) REPORT.—The Secretary of State shall submit to 

23 the appropriate congressional committees and the Com24 mittee on Armed Services of the House of Representatives 

25 and the Committee on Armed Services of the Senate an anVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00221 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 nual report on the results of the review carried out under 

2 this section. 

3 SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CER4 TAIN EXPORTS TO NATO MEMBER STATES, 

5 AUSTRALIA, JAPAN, NEW ZEALAND, ISRAEL, 

6 AND SOUTH KOREA. 

7 (a) IN GENERAL.—Section 38 of the Arms Export Con8 trol Act (22 U.S.C. 2778) is amended by adding at the end 

9 the following: 

10 ‘‘(k) SPECIAL LICENSING AUTHORIZATION FOR CER11 TAIN EXPORTS TO NATO MEMBER STATES, AUSTRALIA, 

12 JAPAN, NEW ZEALAND, ISRAEL, AND SOUTH KOREA.— 

13 ‘‘(1) AUTHORIZATION.—(A) The President may 

14 provide for special licensing authorization for exports 

15 of United States-manufactured spare and replacement 

16 parts or components listed in an application for such 

17 special licensing authorization in connection with de18 fense items previously exported to NATO member 

19 states, Australia, Japan, New Zealand, Israel, and 

20 South Korea. A special licensing authorization issued 

21 pursuant to this clause shall be effective for a period 

22 not to exceed 5 years. 

23 ‘‘(B) An authorization may be issued under sub24 paragraph (A) only if the applicable government of 

25 the country described in subparagraph (A), acting 


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1 through the applicant for the authorization, certifies 

2 that— 

3 ‘‘(i) the export of spare and replacement 

4 parts or components supports a defense item pre5 viously lawfully exported; 

6 ‘‘(ii) the spare and replacement parts or 

7 components will be transferred to a defense agen8 cy of a country described in subparagraph (A) 

9 that is a previously approved end-user of the de10 fense items and not to a distributor or a foreign 

11 consignee of such defense items; 

12 ‘‘(iii) the spare and replacement parts or 

13 components will not to be used to materially en14 hance, optimize, or otherwise modify or upgrade 

15 the capability of the defense items; 

16 ‘‘(iv) the spare and replacement parts or 

17 components relate to a defense item that is 

18 owned, operated, and in the inventory of the 

19 armed forces a country described in subpara20 graph (A); 

21 ‘‘(v) the export of spare and replacement 

22 parts or components will be effected using the 

23 freight forwarder designated by the purchasing 

24 country’s diplomatic mission as responsible for 


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1 handling transfers under chapter 2 of this Act as 

2 required under regulations; and 

3 ‘‘(vi) the spare and replacement parts or 

4 components to be exported under the special li5 censing authorization are specifically identified 

6 in the application. 

7 ‘‘(C) An authorization may not be issued under 

8 subparagraph (A) for purposes of establishing offshore 

9 procurement arrangements or producing defense arti10 cles offshore. 

11 ‘‘(D)(i) For purposes of this subsection, the term 

12 ‘United States-manufactured spare and replacement 

13 parts or components’ means spare and replacement 

14 parts or components— 

15 ‘‘(I) with respect to which— 

16 ‘‘(aa) United States-origin content 

17 costs constitute at least 85 percent of the 

18 total content costs; 

19 ‘‘(bb) United States manufacturing 

20 costs constitute at least 85 percent of the 

21 total manufacturing costs; and 

22 ‘‘(cc) foreign content, if any, is limited 

23 to content from countries eligible to receive 

24 exports of items on the United States Muni25 tions List under the International Traffic 


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1 in Arms Regulations (other than de mini2 mis foreign content); 

3 ‘‘(II) that were last substantially trans4 formed in the United States; and 

5 ‘‘(III) that are not— 

6 ‘‘(aa) classified as significant military 

7 equipment; or 

8 ‘‘(bb) listed on the Missile Technology 

9 Control Regime Annex. 

10 ‘‘(ii) For purposes of clause (i)(I) (aa) and (bb), 

11 the costs of non-United States-origin content shall be 

12 determined using the final price or final cost associ13 ated with the non-United States-origin content. 

14 ‘‘(2) INAPPLICABILITY PROVISIONS.—(A) The 

15 provisions of this subsection shall not apply with re16 spect to re-exports or re-transfers of spare and re17 placement parts or components and related services of 

18 defense items described in paragraph (1). 

19 ‘‘(B) The congressional notification requirements 

20 contained in section 36(c) of this Act shall not apply 

21 with respect to an authorization issued under para22 graph (1).’’. 

23 (b) EFFECTIVE DATE.—The President shall issue regu24 lations to implement amendments made by subsection (a) 


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1 not later than 180 days after the date of the enactment of 

2 this Act. 

3 SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS 

4 OF LICENSE APPLICATIONS UNDER CHAPTER 

5 3 OF THE ARMS EXPORT CONTROL ACT. 

6 Chapter 3 of the Arms Export Control Act (22 U.S.C. 

7 2771 et seq.) is amended by inserting after section 38 the 

8 following new section: 

9 ‘‘SEC. 38A. AVAILABILITY OF INFORMATION ON THE STATUS 

10 OF LICENSE APPLICATIONS UNDER THIS 

11 CHAPTER. 

12 ‘‘(a) AVAILABILITY OF INFORMATION.—Not later than 

13 one year after the date of the enactment of the Defense Trade 

14 Controls Performance Improvement Act of 2009, the Presi15 dent shall make available to persons who have pending li16 cense applications under this chapter and the committees 

17 of jurisdiction the ability to access electronically current in18 formation on the status of each license application required 

19 to be submitted under this chapter. 

20 ‘‘(b) MATTERS TO BE INCLUDED.—The information 

21 referred to in subsection (a) shall be limited to the following: 

22 ‘‘(1) The case number of the license application. 

23 ‘‘(2) The date on which the license application is 

24 received by the Department of State and becomes an 

25 ‘open application’. 


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1 ‘‘(3) The date on which the Directorate of De2 fense Trade Controls makes a determination with re3 spect to the license application or transmits it for 

4 interagency review, if required. 

5 ‘‘(4) The date on which the interagency review 

6 process for the license application is completed, if 

7 such a review process is required. 

8 ‘‘(5) The date on which the Department of State 

9 begins consultations with the congressional commit10 tees of jurisdiction with respect to the license applica11 tion. 

12 ‘‘(6) The date on which the license application is 

13 sent to the congressional committees of jurisdiction.’’. 

14 SEC. 811. SENSE OF CONGRESS. 

15 It is the sense of Congress that— 

16 (1)(A) the advice provided to the Secretary of 

17 State by the Defense Trade Advisory Group (DTAG) 

18 supports the regulation of defense trade and helps en19 sure that United States national security and foreign 

20 policy interests continue to be protected and advanced 

21 while helping to reduce unnecessary impediments to 

22 legitimate exports in order to support the defense re23 quirements of United States friends and allies; and 


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1 (B) therefore, the Secretary of State should share 

2 significant planned rules and policy shifts with 

3 DTAG for comment; and 

4 (2) recognizing the constraints imposed on the 

5 Department of State by the nature of a voluntary or6 ganization such as DTAG, the Secretary of State is 

7 encouraged to ensure that members of DTAG are 

8 drawn from a representative cross-section of subject 

9 matter experts from the United States defense indus10 try, relevant trade and labor associations, academic, 

11 and foundation personnel. 

12 SEC. 812. DEFINITIONS. 

13 In this subtitle: 

14 (1) INTERNATIONAL TRAFFIC IN ARMS REGULA15 TIONS; ITAR.—The term ‘‘International Traffic in 

16 Arms Regulations’’ or ‘‘ITAR’’ means those regula17 tions contained in parts 120 through 130 of title 22, 

18 Code of Federal Regulations (or successor regula19 tions). 

20 (2) MAJOR NON-NATO ALLY.—The term ‘‘major 

21 non-NATO ally’’ means a country that is designated 

22 in accordance with section 517 of the Foreign Assist23 ance Act of 1961 (22 U.S.C. 2321k) as a major non24 NATO ally for purposes of the Foreign Assistance Act 


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1 of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export 

2 Control Act (22 U.S.C. 2751 et seq.). 

3 (3) MANUFACTURING LICENSE AGREEMENT.— 

4 The term ‘‘Manufacturing License Agreement’’ means 

5 an agreement described in section 120.21 of title 22, 

6 Code of Federal Regulations (or successor regula7 tions). 

8 (4) MISSILE TECHNOLOGY CONTROL REGIME; 

9 MTCR.—The term ‘‘Missile Technology Control Re10 gime’’ or ‘‘MTCR’’ has the meaning given the term in 

11 section 11B(c)(2) of the Export Administration Act of 

12 1979 (50 U.S.C. App. 2401b(c)(2)). 

13 (5) MISSILE TECHNOLOGY CONTROL REGIME

14 ANNEX; MTCR ANNEX.—The term ‘‘Missile Technology 

15 Control Regime Annex’’ or ‘‘MTCR Annex’’ has the 

16 meaning given the term in section 11B(c)(4) of the 

17 Export Administration Act of 1979 (50 U.S.C. App. 

18 2401b(c)(4)). 

19 (6) OFFSETS.—The term ‘‘offsets’’ includes com20 pensation practices required of purchase in either 

21 government-to-government or commercial sales of de22 fense articles or defense services under the Arms Ex23 port Control Act (22 U.S.C. 2751 et seq.) and the 

24 International Traffic in Arms Regulations. 


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1 (7) UNITED STATES MUNITIONS LIST; USML.— 

2 The term ‘‘United States Munitions List’’ or 

3 ‘‘USML’’ means the list referred to in section 38(a)(1) 

4 of the Arms Export Control Act (22 U.S.C. 

5 2778(a)(1)). 

6 SEC. 813. AUTHORIZATION OF APPROPRIATIONS. 

7 Of the amounts authorized to be appropriated under 

8 section 101, there are authorized to be appropriated such 

9 sums as may be necessary for each of fiscal years 2010 and 

10 2011 to carry out this subtitle and the amendments made 

11 by this subtitle. 

12 Subtitle B—Provisions Relating to 

13 Export Licenses 

14 SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL 

15 DIRECTIVES REGARDING UNITED STATES 

16 ARMS EXPORT POLICIES, PRACTICES, AND 

17 REGULATIONS. 

18 (a) IN GENERAL.—The President shall make available 

19 to the Committee on Foreign Affairs of the House of Rep20 resentatives and the Committee on Foreign Relations of the 

21 Senate the text of each Presidential directive regarding 

22 United States export policies, practices, and regulations re23 lating to the implementation of the Arms Export Control 

24 Act (22 U.S.C. 2751 et seq.) not later than 15 days after 


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1 the date on which the directive has been signed or author2 ized by the President. 

3 (b) TRANSITION PROVISION.—Each Presidential direc4 tive described in subsection (a) that is signed or authorized 

5 by the President on or after January 1, 2009, and before 

6 the date of the enactment of this Act shall be made available 

7 to the congressional committees specified in subsection (a) 

8 not later than 90 days after the date of the enactment of 

9 this Act. 

10 (c) FORM.—To the maximum extent practicable, each 

11 Presidential directive described in subsection (a) shall be 

12 made available to the congressional committees specified in 

13 subsection (a) on an unclassified basis. 

14 SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND 

15 SERVICES FOR CONGRESSIONAL REVIEW AND 

16 EXPEDITING CONGRESSIONAL REVIEW FOR 

17 ISRAEL. 

18 (a) FOREIGN MILITARY SALES.— 

19 (1) IN GENERAL.—Section 36(b) of the Arms Ex20 port Control Act (22 U.S.C. 2776(b)) is amended— 

21 (A) in paragraph (1)— 

22 (i) by striking ‘‘$50,000,000’’ and in23 serting ‘‘$100,000,000’’; 

24 (ii) by striking ‘‘$200,000,000’’ and 

25 inserting ‘‘$300,000,000’’; 


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1 (iii) by striking ‘‘$14,000,000’’ and in2 serting ‘‘$25,000,000’’; and 

3 (iv) by striking ‘‘The letter of offer 

4 shall not be issued’’ and all that follows 

5 through ‘‘enacts a joint resolution’’ and in6 serting the following: 

7 ‘‘(2) The letter of offer shall not be issued— 

8 ‘‘(A) with respect to a proposed sale of any de9 fense articles or defense services under this Act for 

10 $200,000,000 or more, any design and construction 

11 services for $300,000,000 or more, or any major de12 fense equipment for $75,000,000 or more, to the North 

13 Atlantic Treaty Organization (NATO), any member 

14 country of NATO, Japan, Australia, the Republic of 

15 Korea, Israel, or New Zealand, if Congress, within 15 

16 calendar days after receiving such certification, or 

17 ‘‘(B) with respect to a proposed sale of any de18 fense articles or services under this Act for 

19 $100,000,000 or more, any design and construction 

20 services for $200,000,000 or more, or any major de21 fense equipment for $50,000,000 or more, to any other 

22 country or organization, if Congress, within 30 cal23 endar days after receiving such certification, 

24 enacts a joint resolution’’; and 


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1 (B) by redesignating paragraphs (2) 

2 through (6) as paragraphs (3) through (7), re3 spectively. 

4 (2) TECHNICAL AND CONFORMING AMEND5 MENTS.—Section 36 of the Arms Export Control Act 

6 (22 U.S.C. 2776) is amended— 

7 (A) in subsection (b)— 

8 (i) in paragraph (6)(C), as redesig9 nated, by striking ‘‘Subject to paragraph 

10 (6), if’’ and inserting ‘‘If’’; and 

11 (ii) by striking paragraph (7), as re12 designated; and 

13 (B) in subsection (c)(4), by striking ‘‘sub14 section (b)(5)’’ each place it appears and insert15 ing ‘‘subsection (b)(6)’’. 

16 (b) COMMERCIAL SALES.—Section 36(c) of the Arms 

17 Export Control Act (22 U.S.C. 2776(c)) is amended— 

18 (1) in paragraph (1)— 

19 (A) by striking ‘‘Subject to paragraph (5), 

20 in’’ and inserting ‘‘In’’; 

21 (B) by striking ‘‘$14,000,000’’ and inserting 

22 ‘‘$25,000,000’’; and 

23 (C) by striking ‘‘$50,000,000’’ and inserting 

24 ‘‘$100,000,000’’; 

25 (2) in paragraph (2)— 


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1 (A) in subparagraph (A)— 

2 (i) by inserting after ‘‘for an export’’ 

3 the following: ‘‘of any major defense equip4 ment sold under a contract in the amount 

5 of $75,000,000 or more or of defense articles 

6 or defense services sold under a contract in 

7 the amount of $200,000,000 or more, (or, in 

8 the case of a defense article that is a fire9 arm controlled under category I of the 

10 United States Munitions List, $1,000,000 or 

11 more)’’; and 

12 (ii) by striking ‘‘Organization,’’ and 

13 inserting ‘‘Organization (NATO),’’ and by 

14 further striking ‘‘that Organization’’ and 

15 inserting ‘‘NATO’’; and 

16 (B) in subparagraph (C), by inserting after 

17 ‘‘license’’ the following: ‘‘for an export of any 

18 major defense equipment sold under a contract 

19 in the amount of $50,000,000 or more or of de20 fense articles or defense services sold under a 

21 contract in the amount of $100,000,000 or more, 

22 (or, in the case of a defense article that is a fire23 arm controlled under category I of the United 

24 States Munitions List, $1,000,000 or more)’’; 

25 and 


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1 (3) by striking paragraph (5). 

2 SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NA3 TIONAL AND INTERNATIONAL ARMS EXPORT 

4 CONTROLS. 

5 (a) SENSE OF CONGRESS.—It is the sense of Congress 

6 that the President should redouble United States diplomatic 

7 efforts to strengthen national and international arms export 

8 controls by establishing a senior-level initiative to ensure 

9 that those arms export controls are comparable to and sup10 portive of United States arms export controls, particularly 

11 with respect to countries of concern to the United States. 

12 (b) REPORT.—Not later than one year after the date 

13 of the enactment of this Act, and annually thereafter for 

14 4 years, the President shall transmit to the Committee on 

15 Foreign Affairs of the House of Representatives and the 

16 Committee on Foreign Relations of the Senate a report on 

17 United States diplomatic efforts described in subsection (a). 

18 SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EX19 PORTS. 

20 Section 655(b) of the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2415(b)) is amended— 

22 (1) in paragraph (2), by striking ‘‘or’’ at the 

23 end; 

24 (2) in paragraph (3), by striking the period at 

25 the end and inserting ‘‘; or’’; and 


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1 (3) by adding at the end the following: 

2 ‘‘(4) were exported without a license under sec3 tion 38 of the Arms Export Control Act (22 U.S.C. 

4 2778) pursuant to an exemption established under the 

5 International Traffic in Arms Regulations, other than 

6 defense articles exported in furtherance of a letter of 

7 offer and acceptance under the Foreign Military Sales 

8 program or a technical assistance or manufacturing 

9 license agreement, including the specific exemption 

10 provision in the regulation under which the export 

11 was made.’’. 

12 SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIP13 MENT AND DEFENSE ARTICLES EXPORTED 

14 UNDER SECTION 38 OF THE ARMS EXPORT 

15 CONTROL ACT. 

16 Section 38 of the Arms Export Control Act (22 U.S.C. 

17 2778), as amended by section 809(a) of this Act, is further 

18 amended by adding at the end the following: 

19 ‘‘(l) REPORT.— 

20 ‘‘(1) IN GENERAL.—The President shall transmit 

21 to the Committee on Foreign Affairs of the House of 

22 Representatives and the Committee on Foreign Rela23 tions of the Senate a report that contains a detailed 

24 listing, by country and by international organization, 

25 of the total dollar value of major defense equipment 


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1 and defense articles exported pursuant to licenses au2 thorized under this section for the previous fiscal 

3 year. 

4 ‘‘(2) INCLUSION IN ANNUAL BUDGET.—The re5 port required by this subsection shall be included in 

6 the supporting information of the annual budget of 

7 the United States Government required to be sub8 mitted to Congress under section 1105 of title 31, 

9 United States Code.’’. 

10 SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RE11 LATED COMPONENTS FROM THE UNITED 

12 STATES MUNITIONS LIST. 

13 (a) AUTHORITY.—Except as provided in subsection (b) 

14 and subject to subsection (d), the President is authorized 

15 to remove satellites and related components from the United 

16 States Munitions List, consistent with the procedures in sec17 tion 38(f) of the Arms Export Control Act (22 U.S.C. 

18 2778(f)). 

19 (b) EXCEPTION.—The authority of subsection (a) may 

20 not be exercised with respect to any satellite or related com21 ponent that may, directly or indirectly, be transferred to, 

22 or launched into outer space by, the People’s Republic of 

23 China. 

24 (c) UNITED STATES MUNITIONS LIST.—In this sec25 tion, the term ‘‘United States Munitions List’’ means the 


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1 list referred to in section 38(a)(1) of the Arms Export Con2 trol Act (22 U.S.C. 2778(a)(1)). 

3 (d) EFFECTIVE DATE.—The President may not exer4 cise the authority provided in this section before the date 

5 that is 90 days after the date of the enactment of this Act. 

6 SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF 

7 VIOLATIONS OF SECTION 3 OF THE ARMS EX8 PORT CONTROL ACT. 

9 (a) REVIEW.—The Inspector General of the Depart10 ment of State shall conduct a review of investigations by 

11 the Department of State during each of fiscal years 2010 

12 through 2014 of any and all possible violations of section 

13 3 of the Arms Export Control Act (22 U.S.C. 2753) with 

14 respect to misuse of United States-origin defense items to 

15 determine whether the Department of State has fully com16 plied with the requirements of such section, as well as its 

17 own internal procedures (and whether such procedures are 

18 adequate), for reporting to Congress any information re19 garding the unlawful use or transfer of United States-origin 

20 defense articles, defense services, and technology by foreign 

21 countries, as required by such section. 

22 (b) REPORT.—The Inspector General of the Depart23 ment of State shall submit to the Committee on Foreign 

24 Affairs of the House of Representatives and the Committee 

25 on Foreign Relations of the Senate for each of fiscal years 


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1 2010 through 2014 a report that contains the findings and 

2 results of the review conducted under subsection (a). The 

3 report shall be submitted in unclassified form to the max4 imum extent possible, but may include a classified annex. 

5 SEC. 828. REPORT ON SELF-FINANCING OPTIONS FOR EX6 PORT LICENSING FUNCTIONS OF DDTC OF 

7 THE DEPARTMENT OF STATE. 

8 Not later than 90 days after the date of the enactment 

9 of this Act, the Secretary of State shall submit to the appro10 priate congressional committees a report on possible mecha11 nisms to place the export licensing functions of the Direc12 torate of Defense Trade Controls of the Department of State 

13 on a 100 percent self-financing basis. 

14 SEC. 829. CLARIFICATION OF CERTIFICATION REQUIRE15 MENT RELATING TO ISRAEL’S QUALITATIVE 

16 MILITARY EDGE. 

17 Section 36(h)(1) of the Arms Export Control Act (22 

18 U.S.C. 2776(h)(1)) is amended by striking ‘‘a determina19 tion’’ and inserting ‘‘an unclassified determination’’. 

20 SEC. 830. EXPEDITING CONGRESSIONAL DEFENSE EXPORT 

21 REVIEW PERIOD FOR ISRAEL. 

22 The Arms Export Control Act (22 U.S.C. 2751 et seq.) 

23 is amended— 

24 (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 

25 21(e)(2)(A), 36(b)(3) (as redesignated by section 


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1 822(a)(1)(B) of this Act), 36(c)(2)(A), 36(d)(2)(A), 

2 62(c)(1), and 63(a)(2) by inserting ‘‘Israel,’’ before 

3 ‘‘or New Zealand’’; and 

4 (2) in section 3(b)(2), by inserting ‘‘the Govern5 ment of Israel,’’ before ‘‘or the Government of New 

6 Zealand’’. 

7 SEC. 831. UPDATING AND CONFORMING PENALTIES FOR 

8 VIOLATIONS OF SECTIONS 38 AND 39 OF THE 

9 ARMS EXPORT CONTROL ACT. 

10 (a) IN GENERAL.—Section 38(c) of the Arms Export 

11 Control Act (22 U.S.C. 2778(c) is amended to read as fol12 lows: 

13 ‘‘(c) VIOLATIONS OF THIS SECTION AND SECTION

14 39.— 

15 ‘‘(1) UNLAWFUL ACTS.—It shall be unlawful for 

16 any person to violate, attempt to violate, conspire to 

17 violate, or cause a violation of any provision of this 

18 section or section 39, or any rule or regulation issued 

19 under either section, or who, in a registration or li20 cense application or required report, makes any un21 true statement of a material fact or omits to state a 

22 material fact required to be stated therein or nec23 essary to make the statements therein not misleading. 


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1 ‘‘(2) CRIMINAL PENALTIES.—A person who will2 fully commits an unlawful act described in para3 graph (1) shall upon conviction— 

4 ‘‘(A) be fined for each violation in an 

5 amount not to exceed $1,000,000, or 

6 ‘‘(B) in the case of a natural person, be im7 prisoned for each violation for not more than 20 

8 years, 

9 or both.’’. 

10 (b) MECHANISMS TO IDENTIFY VIOLATORS.—Section 

11 38(g) of the Arms Export Control Act (22 U.S.C. 2778(g)) 

12 is amended— 

13 (1) in paragraph (1)— 

14 (A) in subparagraph (A)— 

15 (i) in the matter preceding clause (i), 

16 by inserting ‘‘or otherwise charged’’ after 

17 ‘‘indictment’’; 

18 (ii) in clause (xi), by striking ‘‘or’’ at 

19 the end; and 

20 (iii) by adding at the end the fol21 lowing: 

22 ‘‘(xiii) section 542 of title 18, United States 

23 Code, relating to entry of goods by means of false 

24 statements; 


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1 ‘‘(xiv) section 554 of title 18, United States 

2 Code, relating to smuggling goods from the 

3 United States; or 

4 ‘‘(xv) section 1831 of title 18, United States 

5 Code, relating to economic espionage.’’; and 

6 (B) in subparagraph (B), by inserting ‘‘or 

7 otherwise charged’’ after ‘‘indictment’’; and 

8 (2) in paragraph (3)(A), by inserting ‘‘or other9 wise charged’’ after ‘‘indictment’’. 

10 (c) EFFECTIVE DATE.—The amendment made by sub11 section (a) shall take effect on the date of the enactment 

12 of this Act and shall apply with respect to violations of 

13 sections 38 and 39 of the Arms Export Control Act com14 mitted on or after that date. 

15 Subtitle C—Miscellaneous 

16 Provisions 

17 SEC. 841. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN 

18 MILITARY FORCES. 

19 (a) AUTHORITY.—The Secretary of State is authorized 

20 to conduct a program to respond to contingencies in foreign 

21 countries or regions by providing training, procurement, 

22 and capacity-building of a foreign country’s national mili23 tary forces and dedicated counterterrorism forces in order 

24 for that country to— 

25 (1) conduct counterterrorist operations; or 


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1 (2) participate in or support military and sta2 bility operations in which the United States is a par3 ticipant. 

4 (b) TYPES OF CAPACITY-BUILDING.—The program au5 thorized under subsection (a) may include the provision of 

6 equipment, supplies, and training. 

7 (c) LIMITATIONS.— 

8 (1) ASSISTANCE OTHERWISE PROHIBITED BY

9 LAW.—The Secretary of State may not use the au10 thority in subsection (a) to provide any type of assist11 ance described in subsection (b) that is otherwise pro12 hibited by any provision of law. 

13 (2) LIMITATION ON ELIGIBLE COUNTRIES.—The 

14 Secretary of State may not use the authority in sub15 section (a) to provide assistance described in sub16 section (b) to any foreign country that is otherwise 

17 prohibited from receiving such type of assistance 

18 under any other provision of law. 

19 (d) FORMULATION AND EXECUTION OF ACTIVITIES.— 

20 The Secretary of State shall consult with the head of any 

21 other appropriate department or agency in the formulation 

22 and execution of the program authorized under subsection 

23 (a). 

24 (e) CONGRESSIONAL NOTIFICATION.— 


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1 (1) ACTIVITIES IN A COUNTRY.—Not less than 15 

2 days before obligating funds for activities in any 

3 country under the program authorized under sub4 section (a), the Secretary of State shall submit to the 

5 congressional committees specified in paragraph (2) a 

6 notice of the following: 

7 (A) The country whose capacity to engage 

8 in activities in subsection (a) will be assisted. 

9 (B) The budget, implementation timeline 

10 with milestones, and completion date for com11 pleting the activities. 

12 (2) SPECIFIED CONGRESSIONAL COMMITTEES.— 

13 The congressional committees specified in this para14 graph are the following: 

15 (A) The Committee on Foreign Affairs and 

16 the Committee on Appropriations of the House of 

17 Representatives. 

18 (B) The Committee on Foreign Relations 

19 and the Committee on Appropriations of the 

20 Senate. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is authorized to be ap23 propriated to the Secretary of State $25,000,000 for 

24 each of the fiscal years 2010 and 2011 to conduct the 

25 program authorized by subsection (a). 


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1 (2) USE OF FMF FUNDS.—The Secretary of State 

2 may use up to $25,000,000 of funds available under 

3 the Foreign Military Financing program for each of 

4 the fiscal years 2010 and 2011 to conduct the pro5 gram authorized under subsection (a). 

6 (3) AVAILABILITY AND REFERENCE.—Amounts 

7 made available to conduct the program authorized 

8 under subsection (a)— 

9 (A) are authorized to remain available until 

10 expended; and 

11 (B) may be referred to as the ‘‘Security As12 sistance Contingency Fund’’. 

13 SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND. 

14 (a) IN GENERAL.—Section 51(a) of the Arms Export 

15 Control Act (22 U.S.C. 2795(a)) is amended— 

16 (1) in paragraph (1), by striking ‘‘Special De17 fense Acquisition Fund’’ and inserting ‘‘Foreign Mili18 tary Sales Stockpile Fund’’; and 

19 (2) in paragraph (4), by inserting ‘‘building the 

20 capacity of recipient countries and’’ before ‘‘narcotics 

21 control purposes’’. 

22 (b) CONTENTS OF FUND.—Section 51(b) of the Arms 

23 Export Control Act (22 U.S.C. 2795(b)) is amended— 

24 (1) in paragraph (2), by striking ‘‘and’’ at the 

25 end; 


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1 (2) in paragraph (3), by inserting ‘‘and’’ at the 

2 end; and 

3 (3) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) collections from leases made pursuant to 

6 section 61 of this Act,’’. 

7 (c) CONFORMING AMENDMENTS.—(1) The heading of 

8 section 51 of the Arms Export Control Act is amended by 

9 striking ‘‘SPECIAL DEFENSE ACQUISITION FUND’’ and in10 serting ‘‘FOREIGN MILITARY SALES STOCKPILE FUND’’. 

11 (2) The heading of chapter 5 of the Arms Export Con12 trol Act is amended by striking ‘‘SPECIAL DEFENSE 

13 ACQUISITION FUND’’ and inserting ‘‘FOREIGN 

14 MILITARY SALES STOCKPILE FUND’’. 

15 SEC. 843. ANNUAL ESTIMATE AND JUSTIFICATION FOR FOR16 EIGN MILITARY SALES PROGRAM. 

17 Section 25(a)(1) of the Arms Export Control Act (22 

18 U.S.C. 2765(a)(1)) is amended by striking ‘‘, together with 

19 an indication of which sales and licensed commercial ex20 ports’’ and inserting ‘‘and’’. 

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

22 TRADE. 

23 It is the sense of Congress that— 

24 (1) the United States, as the world’s largest ex25 porter of conventional weapons, has a special obligaVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00246 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 tion to promote responsible practices in the global 

2 arms trade and should actively work to prevent con3 ventional weapons from being used to perpetrate— 

4 (A) breaches of the United Nations Charter 

5 relating to the use of force; 

6 (B) gross violations of international human 

7 rights; 

8 (C) serious violations of international hu9 manitarian law; 

10 (D) acts of genocide or crimes against hu11 manity; 

12 (E) acts of terrorism; and 

13 (F) destabilizing buildups of military forces 

14 and weapons; and 

15 (2) the United States should actively engage in 

16 the development of a legally binding treaty estab17 lishing common international standards for the im18 port, export, and transfer of conventional weapons. 

19 SEC. 845. REPORT ON UNITED STATES’ COMMITMENTS TO 

20 THE SECURITY OF ISRAEL. 

21 (a) INITIAL REPORT.—Not later than 30 days after the 

22 date of the enactment of this Act, the President shall trans23 mit to the appropriate congressional committees a report 

24 that contains— 


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1 (1) a complete, unedited, and unredacted copy of 

2 each assurance made by United States Government 

3 officials to officials of the Government of Israel re4 garding Israel’s security and maintenance of Israel’s 

5 qualitative military edge, as well as any other assur6 ance regarding Israel’s security and maintenance of 

7 Israel’s qualitative military edge provided in conjunc8 tion with exports under the Arms Export Control Act 

9 (22 U.S.C. 2751 et seq.), for the period beginning on 

10 January 1, 1975, and ending on the date of the enact11 ment of this Act; and 

12 (2) an analysis of the extent to which, and by 

13 what means, each such assurance has been and is con14 tinuing to be fulfilled. 

15 (b) SUBSEQUENT REPORTS.— 

16 (1) NEW ASSURANCES AND REVISIONS.—The 

17 President shall transmit to the appropriate congres18 sional committees a report that contains the informa19 tion required under subsection (a) with respect to— 

20 (A) each assurance described in subsection 

21 (a) made on or after the date of the enactment 

22 of this Act, or 

23 (B) revisions to any assurance described in 

24 subsection (a) or subparagraph (A) of this para25 graph, 


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1 within 15 days of the new assurance or revision being 

2 conveyed. 

3 (2) 5-YEAR REPORTS.—Not later than 5 years 

4 after the date of the enactment of this Act, and every 

5 5 years thereafter, the President shall transmit to the 

6 appropriate congressional committees a report that 

7 contains the information required under subsection 

8 (a) with respect to each assurance described in sub9 section (a) or paragraph (1)(A) of this subsection and 

10 revisions to any assurance described in subsection (a) 

11 or paragraph (1)(A) of this subsection during the pre12 ceding 5-year period. 

13 (c) FORM.—Each report required by this section shall 

14 be transmitted in unclassified form, but may contain a clas15 sified annex, if necessary. 

16 SEC. 846. WAR RESERVES STOCKPILE. 

17 (a) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 

18 2005.—Section 12001(d) of the Department of Defense Ap19 propriations Act, 2005 (Public Law 108–287; 118 Stat. 

20 1011), is amended by striking ‘‘4’’ and inserting ‘‘7’’. 

21 (b) FOREIGN ASSISTANCE ACT OF 1961.—Section 

22 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 

23 U.S.C. 2321h(b)(2)(A)) is amended by striking ‘‘fiscal years 

24 2007 and 2008’’ and inserting ‘‘fiscal years 2010 and 

25 2011’’. 


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1 SEC. 847. EXCESS DEFENSE ARTICLES FOR CENTRAL AND 

2 SOUTH EUROPEAN COUNTRIES AND CERTAIN 

3 OTHER COUNTRIES. 

4 Section 516(e) of the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2321j(e)) is amended— 

6 (1) in paragraph (1), by striking ‘‘paragraph 

7 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

8 (2) in paragraph (2), in the heading by striking 

9 ‘‘EXCEPTION’’ and inserting ‘‘GENERAL EXCEPTION’’; 

10 and 

11 (3) by adding at the end the following new para12 graph: 

13 ‘‘(3) EXCEPTION FOR SPECIFIC COUNTRIES.—For 

14 fiscal years 2010 and 2011, the President may pro15 vide for the crating, packing, handling, and transpor16 tation of excess defense articles transferred under the 

17 authority of this section to Albania, Afghanistan, 

18 Bulgaria, Croatia, Estonia, Macedonia, Georgia, 

19 India, Iraq, Israel, Kazakhstan, Kyrgyzstan, Latvia, 

20 Lithuania, Moldova, Mongolia, Pakistan, Romania, 

21 Slovakia, Tajikistan, Turkmenistan, and Ukraine.’’. 

22 SEC. 848. SUPPORT TO ISRAEL FOR MISSILE DEFENSE. 

23 (a) AUTHORIZATION OF ASSISTANCE.—Of the amounts 

24 authorized to be appropriated to carry out this Act, there 

25 are authorized to be appropriated such sums as may be nec26 essary for co-development of joint ballistic missile, medium 


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1 and short-range projectile defense projects with Israel, in2 cluding— 

3 (1) complete accelerated co-production of Arrow 

4 missiles; 

5 (2) system development of the Israel Missile De6 fense Organization program to develop a short-range 

7 ballistic missile defense capability, David’s Sling 

8 weapon system, and integrate the weapon system with 

9 the ballistic missile defense system and force protec10 tion efforts of the United States; and 

11 (3) research, development, and test and evalua12 tion of the Iron Dome short-range projectile defense 

13 system. 

14 (b) REPORT AND STRATEGY.— 

15 (1) REQUIREMENT.—Not later than 180 days 

16 after the date of the enactment of this Act, and annu17 ally thereafter in connection with the submission of 

18 congressional presentation materials for the foreign 

19 operations appropriations and defense appropriations 

20 budget request, the Secretary of State, in consultation 

21 with the Secretary of Defense, shall submit to the ap22 propriate congressional committees a report regarding 

23 the activities authorized under subsection (a)(1). 

24 (2) CLASSIFIED ANNEX.—The report required 

25 under paragraph (1) shall be submitted in unclassiVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00251 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 fied form to the maximum extent practicable, but 

2 may include a classified annex, if necessary. 

3 (3) DEFINITION OF APPROPRIATE CONGRES4 SIONAL COMMITTEES.—In this subsection, the term 

5 ‘‘appropriate congressional committees’’ means— 

6 (A) the Committee on Foreign Affairs and 

7 the Committee on Armed Services of the House 

8 of Representatives; and 

9 (B) the Committee on Foreign Relations 

10 and the Committee on Armed Services in the 

11 Senate. 

12 TITLE IX—ACTIONS TO ENHANCE 

13 THE MERIDA INITIATIVE 

14 Subtitle A—General Provisions 

15 SEC. 901. COORDINATOR OF UNITED STATES GOVERNMENT 

16 ACTIVITIES TO IMPLEMENT THE MERIDA INI17 TIATIVE. 

18 (a) DECLARATION OF POLICY.—Congress declares that 

19 the Merida Initiative is a Department of State-led initia20 tive which combines the programs of numerous United 

21 States Government departments and agencies and therefore 

22 requires a single individual to coordinate and track all 

23 Merida Initiative-related efforts government-wide to avoid 

24 duplication, coordinate messaging, and facilitate account25 ability to and communication with Congress. 


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1 (b) DESIGNATION OF HIGH-LEVEL COORDINATOR.— 

2 (1) IN GENERAL.—The President shall designate, 

3 within the Department of State, a Coordinator of 

4 United States Government Activities to Implement 

5 the Merida Initiative (hereafter in this section re6 ferred to as the ‘‘Coordinator’’) who shall be respon7 sible for— 

8 (A) designing and shaping an overall strat9 egy for the Merida Initiative; 

10 (B) ensuring program and policy coordina11 tion among United States Government depart12 ments and agencies in carrying out the Merida 

13 Initiative, including avoiding duplication 

14 among programs and ensuring that a consistent 

15 message emanates from the United States Gov16 ernment; 

17 (C) ensuring that efforts of the United 

18 States Government are in full consonance with 

19 the efforts of the countries within the Merida Ini20 tiative; 

21 (D) tracking, in coordination with the rel22 evant officials of the Department of Defense and 

23 other departments and agencies, United States 

24 assistance programs that fulfill the goals of the 


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1 Merida Initiative or are closely related to the 

2 goals of the Merida Initiative; 

3 (E) to the extent possible, tracking informa4 tion required under the second section 620J of 

5 the Foreign Assistance Act of 1961 (22 U.S.C. 

6 2378d) (as added by section 651 of division J of 

7 Public Law 110–161) with respect to countries 

8 participating in the Merida Initiative; and 

9 (F) consulting with the Attorney General 

10 and the Secretary of Homeland Security with re11 spect to the activities of Federal, State, and local 

12 law enforcement authorities in the United States 

13 relating to the goals of the Merida Initiative, 

14 particularly along the United States-Mexico bor15 der. 

16 (2) RANK AND STATUS OF THE COORDINATOR.— 

17 The Coordinator should have the rank and status of 

18 ambassador. 

19 (3) COUNTRIES WITHIN THE MERIDA INITIATIVE

20 DEFINED.—The term ‘‘countries within the Merida 

21 Initiative’’ means Belize, Costa Rica, El Salvador, 

22 Guatemala, Honduras, Mexico, Nicaragua, and Pan23 ama and includes Haiti and the Dominican Repub24 lic. 


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1 SEC. 902. ADDING THE CARIBBEAN TO THE MERIDA INITIA2 TIVE. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) The illicit drug trade—which has taken a 

5 toll on the small countries of the Caribbean Commu6 nity (CARICOM) for many years—is now moving 

7 even more aggressively into these countries. 

8 (2) A March 2007 joint report by the United Na9 tions Office on Drugs and Crime (UNODC) and the 

10 World Bank noted that murder rates in the Carib11 bean—at 30 per 100,000 population annually—are 

12 higher than for any other region of the world and 

13 have risen in recent years for many of the region’s 

14 countries. The report also argues that the strongest ex15 planation for the high crime and violence rates in the 

16 Caribbean and their rise in recent years is drug traf17 ficking. 

18 (3) If the United States does not move quickly to 

19 provide Merida Initiative assistance to the CARICOM 

20 countries, the positive results of the Merida Initiative 

21 in Mexico and Central America will move the drug 

22 trade deeper into the Caribbean and multiply the al23 ready alarming rates of violence. 

24 (b) CONSULTATIONS.—Not later than 30 days after the 

25 date of the enactment of this Act, the Secretary of State 

26 is authorized to consult with the countries of the Caribbean 


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1 Community (CARICOM) in preparation for their inclusion 

2 into the Merida Initiative. 

3 (c) INCORPORATION OF CARICOM COUNTRIES INTO

4 THE MERIDA INITIATIVE.—The President is authorized to 

5 incorporate the CARICOM countries into the Merida Ini6 tiative. 

7 SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUA8 TION MECHANISM. 

9 (a) DEFINITIONS.—In this section: 

10 (1) IMPACT EVALUATION RESEARCH.—The term 

11 ‘‘impact evaluation research’’ means the application 

12 of research methods and statistical analysis to meas13 ure the extent to which change in a population-based 

14 outcome can be attributed to program intervention in15 stead of other environmental factors. 

16 (2) OPERATIONS RESEARCH.—The term ‘‘oper17 ations research’’ means the application of social 

18 science research methods, statistical analysis, and 

19 other appropriate scientific methods to judge, com20 pare, and improve policies and program outcomes, 

21 from the earliest stages of defining and designing pro22 grams through their development and implementa23 tion, with the objective of the rapid dissemination of 

24 conclusions and concrete impact on programming. 


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1 (3) PROGRAM MONITORING.—The term ‘‘program 

2 monitoring’’ means the collection, analysis, and use of 

3 routine program data to determine how well a pro4 gram is carried out and how much the program costs. 

5 (b) SENSE OF CONGRESS.—It is the sense of Congress 

6 that— 

7 (1) to successfully support building the capacity 

8 of recipient countries’ civilian security institutions, 

9 enhance the rule of law in recipient countries, and 

10 ensure the protection of human rights, the President 

11 should establish a program to conduct impact evalua12 tion research, operations research, and program mon13 itoring to ensure effectiveness of assistance provided 

14 under the Merida Initiative; 

15 (2) long-term solutions to the security problems 

16 of Merida recipient countries depend on increasing 

17 the effectiveness and responsiveness of their civilian 

18 institutions, including their judicial system; 

19 (3) a specific program of impact evaluation re20 search, operations research, and program monitoring, 

21 established at the inception of the program, is re22 quired to permit assessment of the operational effec23 tiveness of the impact of United States assistance to24 wards these goals; and 


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1 (4) the President, in developing performance 

2 measurement methods under the impact evaluation 

3 research, operations research, and program moni4 toring, should consult with the appropriate congres5 sional committees as well as the governments of 

6 Merida recipient countries. 

7 (c) IMPACT EVALUATION RESEARCH, OPERATION RE8 SEARCH, AND PROGRAM MONITORING OF ASSISTANCE.— 

9 The President shall establish and implement a program to 

10 assess the effectiveness of assistance provided under the 

11 Merida Initiative through impact evaluation research on a 

12 selected set of programmatic interventions, operations re13 search in areas to ensure efficiency and effectiveness of pro14 gram implementation, and monitoring to ensure timely and 

15 transparent delivery of assistance. 

16 (d) REQUIREMENTS.—The program required under 

17 subsection (c) shall include— 

18 (1) a delineation of key impact evaluation re19 search and operations research questions for main 

20 components of assistance provided under the Merida 

21 Initiative; 

22 (2) an identification of measurable performance 

23 goals for each of the main components of assistance 

24 provided under the Merida Initiative, to be expressed 


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1 in an objective and quantifiable form at the inception 

2 of the program; 

3 (3) the use of appropriate methods, based on rig4 orous social science tools, to measure program impact 

5 and operational efficiency; and 

6 (4) adherence to a high standard of evidence in 

7 developing recommendations for adjustments to such 

8 assistance to enhance the impact of such assistance. 

9 (e) CONSULTATION WITH CONGRESS.—Not later than 

10 60 days after the date of the enactment of this Act, the 

11 President shall brief and consult with the appropriate con12 gressional committees regarding the progress in establishing 

13 and implementing the program required under subsection 

14 (c). 

15 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

16 amounts authorized to be appropriated for the Merida Ini17 tiative, up to five percent of such amounts is authorized 

18 to be appropriated to carry out this section. 

19 (g) REPORT.— 

20 (1) IN GENERAL.—Not later than 180 days after 

21 the date of the enactment of this section and not later 

22 than December 1 of each year thereafter, the President 

23 shall transmit to the appropriate congressional com24 mittees a report regarding programs and activities 


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1 carried out under the Merida Initiative during the 

2 preceding fiscal year. 

3 (2) MATTERS TO BE INCLUDED.—The reports re4 quired under subsection (g) shall include the fol5 lowing: 

6 (A) FINDINGS.—Findings related to the im7 pact evaluation research, operation research, and 

8 program monitoring of assistance program estab9 lished under subsection (c). 

10 (B) COORDINATION.—Efforts of the United 

11 States Government to coordinate its activities, 

12 including— 

13 (i) a description of all counternarcotics 

14 and organized crime assistance provided to 

15 Merida Initiative recipient countries in the 

16 previous fiscal year; 

17 (ii) an assessment of how such assist18 ance was coordinated; and 

19 (iii) recommendations for improving 

20 coordination. 

21 (C) TRANSFER OF EQUIPMENT.—A descrip22 tion of the transfer of equipment, including— 

23 (i) a description of the progress of each 

24 recipient country toward the transfer of 


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1 equipment, if any, from its armed forces to 

2 law enforcement agencies; 

3 (ii) a list of agencies that have used 

4 air assets provided by the United States 

5 under the Merida Initiative to the govern6 ment of each recipient country, and, to the 

7 extent possible, a detailed description of 

8 those agencies that have utilized such air 

9 assets, such as by a percentage breakdown of 

10 use by each agency; and 

11 (iii) a description of training of law 

12 enforcement agencies to operate equipment, 

13 including air assets. 

14 (D) HUMAN RIGHTS.—In accordance with 

15 sections 116(d) and 502B(b) of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2151n(d) and 

17 2304(b)) and section 504 of the Trade Act of 

18 1974 (19 U.S.C. 2464), an assessment of the 

19 human rights impact of the equipment and 

20 training provided under the Merida Initiative, 

21 including— 

22 (i) a list of accusations of serious 

23 human rights abuses committed by the 

24 armed forces and law enforcement agencies 


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1 of recipient countries on or after the date of 

2 the enactment of this Act; and 

3 (ii) a description of efforts by the gov4 ernments of Merida recipient countries to 

5 investigate and prosecute allegations of 

6 abuses of human rights committed by any 

7 agency of such recipient countries. 

8 (E) EFFECTIVENESS OF EQUIPMENT.—An 

9 assessment of the long-term effectiveness of the 

10 equipment and maintenance packages and train11 ing provided to each recipient country’s security 

12 institutions. 

13 (F) MEXICO PUBLIC SECURITY STRATEGY.— 

14 A description of Mexico’s development of a public 

15 security strategy, including— 

16 (i) effectiveness of the Mexican Federal 

17 Registry of Police Personnel to vet police re18 cruiting at the National, state, and munic19 ipal levels to prevent rehiring from one 

20 force to the next after dismissal for corrup21 tion and other reasons; and 

22 (ii) an assessment of how the Merida 

23 Initiative complements and supports the 

24 Mexican Government’s own public security 

25 strategy. 


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1 (G) FLOW OF ILLEGAL ARMS.—A descrip2 tion and assessment of efforts to reduce the south3 bound flow of illegal arms. 

4 (H) USE OF CONTRACTORS.—A detailed de5 scription of contracts awarded to private compa6 nies to carry out provisions of the Merida Initia7 tive, including— 

8 (i) a description of the number of 

9 United States and foreign national civilian 

10 contractors awarded contracts; 

11 (ii) a list of the total dollar value of 

12 the contracts; and 

13 (iii) the purposes of the contracts. 

14 (I) PHASE OUT OF LAW ENFORCEMENT AC15 TIVITIES.—A description of the progress of phas16 ing out law enforcement activities of the armed 

17 forces of each recipient country. 

18 (J) IMPACT ON BORDER VIOLENCE AND SE19 CURITY.—A description of the impact that ac20 tivities authorized under the Merida Initiative 

21 have had on violence against United States and 

22 Mexican border personnel and the extent to 

23 which these activities have increased the protec24 tion and security of the United States-Mexico 

25 border. 


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1 SEC. 904. MERIDA INITIATIVE DEFINED. 

2 In this subtitle, the term ‘‘Merida Initiative’’ means 

3 the program announced by the United States and Mexico 

4 on October 22, 2007, to fight illicit narcotics trafficking and 

5 criminal organizations throughout the Western Hemisphere. 

6 Subtitle B—Prevention of Illicit 

7 Trade in Small Arms and Light 

8 Weapons 

9 SEC. 911. TASK FORCE ON THE PREVENTION OF ILLICIT 

10 SMALL ARMS TRAFFICKING IN THE WESTERN 

11 HEMISPHERE. 

12 (a) ESTABLISHMENT.—The President shall establish 

13 an inter-agency task force to be known as the ‘‘Task Force 

14 on the Prevention of Illicit Small Arms Trafficking in the 

15 Western Hemisphere’’ (in this section referred to as the 

16 ‘‘Task Force’’). 

17 (b) DUTIES.—The Task Force shall develop a strategy 

18 for the Federal Government to improve United States export 

19 controls on the illicit export of small arms and light weap20 ons throughout the Western Hemisphere, including Mexico, 

21 Central America, the Caribbean, and South America. The 

22 Task Force shall— 

23 (1) conduct a thorough review and analysis of 

24 the current regulation of exports of small arms and 

25 light weapons; and 


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1 (2) develop integrated Federal policies to better 

2 control exports of small arms and light weapons in a 

3 manner that furthers the foreign policy and national 

4 security interests of the United States within the 

5 Western Hemisphere. 

6 (c) MEMBERSHIP.—The Task Force shall be composed 

7 of— 

8 (1) the Secretary of State; 

9 (2) the Attorney General; 

10 (3) the Secretary of Homeland Security; and 

11 (4) the heads of other Federal departments and 

12 agencies as appropriate. 

13 (d) CHAIRPERSON.—The Secretary of State shall serve 

14 as the chairperson of the Task Force. 

15 (e) MEETINGS.—The Task Force shall meet at the call 

16 of the chairperson or a majority of its members. 

17 (f) ANNUAL REPORTS.—Not later than one year after 

18 the date of the enactment of this Act and annually thereafter 

19 until October 31, 2014, the chairperson of the Task Force 

20 shall submit to Congress and make available to the public 

21 a report that contains— 

22 (1) a description of the activities of the Task 

23 Force during the preceding year; and 

24 (2) the findings, strategies, recommendations, 

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1 ties of the Task Force under subsection (b) during the 

2 preceding year. 

3 SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAF4 FICKING IN SMALL ARMS AND LIGHT WEAP5 ONS TO COUNTRIES IN THE WESTERN HEMI6 SPHERE. 

7 (a) IN GENERAL.—Notwithstanding section 38(c) of 

8 the Arms Export Control Act (22 U.S.C. 2778(c)), any per9 son who willfully exports to a country in the Western Hemi10 sphere any small arm or light weapon without a license 

11 in violation of the requirements of section 38 of such Act 

12 shall upon conviction be fined for each violation not less 

13 than $1,000,000 but not more than $3,000,000 and impris14 oned for not more than twenty years, or both. 

15 (b) DEFINITION.—In this section, the term ‘‘small arm 

16 or light weapon’’ means any item listed in Category I(a), 

17 Category III (as it applies to Category I(a)), or grenades 

18 under Category IV(a) of the United States Munitions List 

19 (as contained in part 121 of title 22, Code of Federal Regu20 lations (or successor regulations)) that requires a license for 

21 international export under this section. 

22 SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM. 

23 Section 36(b) of the State Department Basic Authori24 ties Act of 1956 (22 U.S.C. 2708(b)) is amended— 


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1 (1) by redesignating paragraphs (4) through (7) 

2 as paragraphs (5) through (8), respectively; 

3 (2) by inserting after paragraph (3) the fol4 lowing new paragraph: 

5 ‘‘(4) the arrest or conviction in any country of 

6 any individual for illegally exporting or attempting 

7 to export to Mexico any small arm or light weapon 

8 (as defined in section 912(b) of the Foreign Relations 

9 Authorization Act, Fiscal Years 2010 and 2011);’’; 

10 and 

11 (3) in paragraphs (5) and (6) (as redesignated), 

12 by striking ‘‘paragraph (1), (2), or (3)’’ each place it 

13 appears and inserting ‘‘paragraph (1), (2), (3), or 

14 (4)’’. 

15 SEC. 914. STATEMENT OF CONGRESS SUPPORTING UNITED 

16 STATES RATIFICATION OF CIFTA. 

17 Congress supports the ratification by the United States 

18 of the Inter-American Convention Against the Illicit Manu19 facturing of and Trafficking in Firearms, Ammunition, 

20 Explosives, and Other Related Materials. 


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1 TITLE X—REPORTING 

2 REQUIREMENTS 

3 SEC. 1001. ASSESSMENT OF SPECIAL COURT FOR SIERRA 

4 LEONE. 

5 Not later than 180 days after the date of the enactment 

6 of this Act, the Secretary of State shall submit to the appro7 priate congressional committees an assessment on the con8 tinuing needs of the Special Court for Sierra Leone, includ9 ing an assessment of the following activities of the Special 

10 Court: 

11 (1) Witness protection. 

12 (2) Archival activities, including recordkeeping 

13 associated with future legal work by the Special 

14 Court. 

15 (3) The residual registrar’s capacity for enforc16 ing Special Court sentences and maintaining rela17 tions with countries hosting imprisoned convicts of 

18 the Special Court, legal decisionmaking regarding fu19 ture appeals, conditions of prisoner treatment, con20 tempt proceedings, and financial matters relating to 

21 such activities. 

22 (4) Transfer or maintenance of Special Court 

23 records to a permanent recordkeeping authority in 

24 Sierra Leone. 


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1 (5) Ongoing needs or programs for community 

2 outreach, for the purpose of reconciliation and heal3 ing, regarding the Special Court’s legal proceedings 

4 and decisions. 

5 (6) Plans for the Special Court’s facilities in Si6 erra Leone and plans to use the Special Court, and 

7 expertise of its personnel, for further development of 

8 the legal profession and an independent and effective 

9 judiciary in Sierra Leone. 

10 (7) Unresolved cases, or cases that were not pros11 ecuted. 

12 SEC. 1002. REPORT ON UNITED STATES CAPACITIES TO 

13 PREVENT GENOCIDE AND MASS ATROCITIES. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) The lack of an effective government-wide 

16 strategy and adequate capacities for preventing geno17 cide and mass atrocities against civilians undermines 

18 the ability of the United States to contribute to the 

19 maintenance of global peace and security and protect 

20 vital United States interests. 

21 (2) The December 2008 Report of the Genocide 

22 Prevention Task Force, co-chaired by former Sec23 retary of State Madeleine Albright and former Sec24 retary of Defense William Cohen offers a valuable 


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1 blueprint for strengthening United States capacities 

2 to help prevent genocide and mass atrocities. 

3 (3) Specific training and staffing will enhance 

4 the diplomatic capacities of the Department of State 

5 to help prevent and respond to threats of genocide and 

6 mass atrocities. 

7 (b) REPORT.— 

8 (1) REPORT REQUIRED.—Not later than 180 

9 days after the date of the enactment of this Act, the 

10 Secretary of State shall submit to the appropriate 

11 congressional committees a report outlining specific 

12 plans for the development of a government-wide strat13 egy and the strengthening of United States civilian 

14 capacities for preventing genocide and mass atrocities 

15 against civilians. 

16 (2) CONTENT.—The report required under para17 graph (1) shall include the following: 

18 (A) An evaluation of current mechanisms 

19 for government-wide early warning, information20 sharing, contingency planning, and coordination 

21 of effort to prevent and respond to situations of 

22 genocide, mass atrocities, and other mass vio23 lence. 

24 (B) An assessment of current capacities 

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1 cific staffing and training, for early warning, 

2 preventive diplomacy, and crisis response to help 

3 avert genocide and mass atrocities. 

4 (C) An evaluation of United States foreign 

5 assistance programs and mechanisms directed to6 ward the prevention of genocide and mass atroc7 ities, including costs, challenges to implementa8 tion, and successes of such programs and mecha9 nisms. 

10 (D) An assessment of the feasibility, effec11 tiveness, and potential costs of implementing key 

12 recommendations made by the Genocide Preven13 tion Task Force, including the establishment of 

14 an Atrocities Prevention Committee within the 

15 National Security Council and increased annual 

16 and contingency funding for the prevention of 

17 genocide and mass atrocities. 

18 (E) Recommendations to further strengthen 

19 United States capacities to help prevent geno20 cide, mass atrocities, and other mass violence, 

21 including enhanced early warning mechanisms, 

22 strengthened diplomatic capacities of the Depart23 ment of State, and improved use of United 

24 States foreign assistance. 


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1 SEC. 1003. REPORTS RELATING TO PROGRAMS TO ENCOUR2 AGE GOOD GOVERNANCE. 

3 (a) IN GENERAL.—Subparagraph (C) of section 

4 133(d)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 

5 2152c(d)(2)) is amended by inserting before the period at 

6 the end the following: ‘‘, including, with respect to a country 

7 that produces or exports large amounts of natural resources 

8 such as petroleum or natural resources, the degree to which 

9 citizens of the country have access to information about gov10 ernment revenue from the extraction of such resources and 

11 credible reports of human rights abuses against individuals 

12 from civil society or the media seeking to monitor such ex13 traction’’. 

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply with respect to reports required to 

16 be transmitted under section 133(d)(2) of the Foreign As17 sistance Act of 1961, as so amended, on or after the date 

18 of the enactment of this Act. 

19 SEC. 1004. REPORTS ON HONG KONG. 

20 Section 301 of the United States-Hong Kong Policy 

21 Act of 1992 (Public Law 102–383; 22 U.S.C. 5731) is 

22 amended, in the matter preceding paragraph (1), by strik23 ing ‘‘and March 31, 2006’’ and inserting ‘‘March 31, 2006, 

24 and March 31, 2010, and March 31 of every subsequent year 

25 through 2020,’’. 


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1 SEC. 1005. DEMOCRACY IN GEORGIA. 

2 (a) SENSE OF CONGRESS.—It is the sense of Congress 

3 that the development and consolidation of effective demo4 cratic governance in Georgia, including free and fair elec5 toral processes, respect for human rights and the rule of law, 

6 an independent media, an independent judiciary, a vibrant 

7 civil society, as well as transparency and accountability of 

8 the executive branch and legislative process, is critically im9 portant to Georgia’s integration into Euro-Atlantic institu10 tions, stability in the Caucasus region, and United States 

11 national security. 

12 (b) REPORT ON DEMOCRACY IN GEORGIA.— 

13 (1) IN GENERAL.—Not later than 180 days after 

14 the date of the enactment of this Act, and not later 

15 than December 31 of each of the two fiscal years 

16 thereafter, the Secretary of State shall submit to the 

17 appropriate congressional committees a report on the 

18 programs, projects, and activities carried out in Geor19 gia with United States foreign assistance following 

20 the August 2008 conflict with Russia. 

21 (2) CONTENTS.—The report required under 

22 paragraph (1) shall include information concerning 

23 the following: 

24 (A) The amount of United States assistance 

25 obligated and expended for reconstruction activi26 ties for the prior fiscal year. 


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1 (B) A description of the programs funded 

2 by such assistance, including humanitarian aid, 

3 reconstruction of critical infrastructure, eco4 nomic development, political and democratic de5 velopment, and broadcasting. 

6 (C) An evaluation of the impact of such 

7 programs, including their contribution to the 

8 consolidation of democracy in Georgia and ef9 forts by the Government of Georgia to improve 

10 democratic governance. 

11 (D) An analysis of the implementation of 

12 the United States-Georgia Charter on Strategic 

13 Partnership. 

14 SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL. 

15 (a) SENSE OF CONGRESS.—It is the sense of Congress 

16 that the United States should assist Israel in its efforts to 

17 establish diplomatic relations. 

18 (b) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act and annually thereafter, the 

20 Secretary of State shall submit to the appropriate congres21 sional committees a report that includes the following infor22 mation: 

23 (1) Actions taken by representatives of the 

24 United States to encourage other countries to establish 

25 full diplomatic relations with Israel. 


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1 (2) Specific responses solicited and received by 

2 the Secretary from countries that do not maintain 

3 full diplomatic relations with Israel with respect to 

4 their attitudes toward and plans for entering into 

5 diplomatic relations with Israel. 

6 (3) Other measures being undertaken, and meas7 ures that will be undertaken, by the United States to 

8 ensure and promote Israel’s full participation in the 

9 world diplomatic community. 

10 (c) FORM OF SUBMISSION.—The report required under 

11 subsection (b) may be submitted in classified or unclassified 

12 form, as the Secretary determines appropriate. 

13 SEC. 1007. POLICE TRAINING REPORT. 

14 (a) IN GENERAL.—Not later than 180 days after the 

15 date of the enactment of this Act, the President shall, in 

16 coordination with the heads of relevant Federal departments 

17 and agencies, conduct a study and transmit to Congress a 

18 report on current overseas civilian police training in coun19 tries or regions that are at risk of, in, or are in transition 

20 from, conflict or civil strife. 

21 (b) CONTENTS.—The report required under subsection 

22 (a) shall contain information on the following: 

23 (1) The coordination, communication, program 

24 management, and policy implementation among the 

25 United States civilian police training programs in 


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1 countries or regions that are at risk of, in, or are in 

2 transition from, conflict or civil strife. 

3 (2) The number of private contractors con4 ducting such training, and the quality and cost of 

5 such private contractors. 

6 (3) An assessment of pre-training procedures for 

7 verification of police candidates to adequately assess 

8 their aptitude, professional skills, integrity, and other 

9 qualifications that are essential to law enforcement 

10 work. 

11 (4) An analysis of the practice of using existing 

12 Federal police entities to provide civilian police 

13 training in countries or regions that are at risk of, 

14 in, or are in transition from, conflict or civil strife, 

15 along with the subject matter expertise that each such 

16 entity may provide to meet local needs in lieu of the 

17 use of private contractors. 

18 (5) Provide recommendations, including rec19 ommendations related to required resources and ac20 tions, to maximize the effectiveness and interagency 

21 coordination and the adequate provision of civilian 

22 police training programs in countries or regions that 

23 are at risk of, in, or are in transition from, conflict 

24 or civil strife. 


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1 SEC. 1008. REPORTS ON HUMANITARIAN ASSISTANCE IN 

2 GAZA. 

3 (a) IN GENERAL.—Not later than 180 days after the 

4 date of the enactment of this Act and one year thereafter, 

5 the Secretary of State shall submit to the appropriate con6 gressional committees a report detailing the humanitarian 

7 conditions and efficacy and obstacles to humanitarian and 

8 reconstruction assistance activities in Gaza. 

9 (b) CONTENTS.—The reports required under subsection 

10 (a) shall include the following: 

11 (1) An assessment of the level of access to basic 

12 necessities in Gaza, including food, fuel, water, sani13 tation, education, and healthcare. 

14 (2) An assessment of the ability to successfully 

15 deliver and distribute humanitarian and reconstruc16 tion goods and supplies. 

17 (3) A description of the efforts of the United 

18 States and its allies to facilitate the receipt and dis19 tribution of humanitarian and reconstruction assist20 ance in Gaza. 

21 (4) An assessment of the obstacles to the delivery 

22 of humanitarian and reconstruction assistance, in23 cluding the activities and policies of Hamas and any 

24 organization designated as a foreign terrorist organi25 zation under section 219 of the Immigration and Na26 tionality Act. 


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1 (5) Recommendations for actions the United 

2 States can take to best improve the level of access to 

3 basic necessities referred to in paragraph (1) and 

4 overcome obstacles described in paragraphs (2) 

5 through (4). 

6 (6) An assessment of the policy prohibiting per7 sonnel of the Department of State and the United 

8 States Agency for International Development from 

9 traveling to Gaza following the tragic roadside bomb10 ing in 2003. Such an assessment should consider and 

11 evaluate the prospects that such personnel might re12 sume humanitarian assistance operations or com13 mence monitoring functions relating to humanitarian 

14 aid distribution in Gaza in order to ascertain that 

15 United States foreign assistance is not misused in 

16 ways that benefit any organization designated as a 

17 foreign terrorist organization under section 219 of the 

18 Immigration and Nationality Act (8 U.S.C. 1189). 

19 SEC. 1009. REPORT ON ACTIVITIES IN HAITI. 

20 Not later than 180 days after the date of the enactment 

21 of this Act, the Secretary of State shall submit to the appro22 priate congressional committees a report on the following: 

23 (1) HURRICANE EMERGENCY RECOVERY.—The 

24 status of activities in Haiti funded or authorized, in 

25 whole or in part, by the Department of State and the 


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1 United States Agency for International Development 

2 (USAID) through assistance appropriated under the 

3 Consolidated Security, Disaster Assistance, and Con4 tinuing Appropriations Act, 2009. 

5 (2) GENERAL ACTIVITIES.—A summary of ac6 tivities funded or authorized, in whole or in part, by 

7 the Department of State and USAID in the previous 

8 12-month period, how such activities supplement the 

9 work of the Government of Haiti to provide a safe 

10 and prosperous democracy for its citizens, and a 

11 timetable for when management and implementation 

12 of such activities will be turned over to the Govern13 ment of Haiti or Haitian nationals. 

14 (3) COORDINATION.—A description of how 

15 United States assistance is coordinated— 

16 (A) among United States departments and 

17 agencies; and 

18 (B) with other donors to Haiti, including 

19 programs through the United Nations, the Inter20 American Development Bank, and the Organiza21 tion of American States. 

22 (4) BENCHMARKS.—A summary of short-term 

23 and long-term objectives for United States assistance 

24 to Haiti and metrics that will be used to identify, 


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1 track, and manage the progress of United States ac2 tivities in Haiti. 

3 SEC. 1010. REPORT ON RELIGIOUS MINORITY COMMUNITIES 

4 IN THE MIDDLE EAST. 

5 (a) INITIATIVE AUTHORIZED.—The Secretary of State 

6 is authorized to undertake a focused initiative to monitor 

7 the status of and provide specific policy recommendations 

8 to protect vulnerable religious minorities throughout the 

9 Middle East region. 

10 (b) REPORT.—Not later than 180 days after the date 

11 of the enactment of this Act, and one year thereafter, the 

12 Secretary of State shall submit to the appropriate congres13 sional committees a report on the humanitarian conditions 

14 of religious minority communities in the Middle East and 

15 efficacy and obstacles to humanitarian assistance activities 

16 to help meet the basic needs of vulnerable persons affiliated 

17 with minority religions in the Middle East, and rec18 ommendations to mitigate adverse humanitarian cir19 cumstances facing such persons. 

20 SEC. 1011. IRAN’S INFLUENCE IN THE WESTERN HEMI21 SPHERE. 

22 (a) FINDINGS.—Congress finds the following: 

23 (1) The 2008 Country Report on Terrorism 

24 states that ‘‘Iran and Venezuela continued weekly 

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1 cas. Passengers on these flights were reportedly subject 

2 to only cursory immigration and customs controls at 

3 Simon Bolivar International Airport in Caracas.’’. 

4 (2) The Governments of Venezuela and Iran have 

5 forged a close relationship. 

6 (3) Iran has sought to strengthen ties with sev7 eral countries in the Western Hemisphere in order to 

8 undermine United States foreign policy. 

9 (b) REPORT.—Not later than 90 days after the date 

10 of the enactment of this Act, the Secretary of State shall 

11 submit to the appropriate congressional committees a report 

12 that includes actions taken by the Government of Iran and 

13 Hezbollah in the Western Hemisphere. A classified annex 

14 may be included, if necessary. 

15 TITLE XI—MISCELLANEOUS 

16 PROVISIONS 

17 Subtitle A—General Provisions 

18 SEC. 1101. BILATERAL COMMISSION WITH NIGERIA. 

19 (a) SENSE OF CONGRESS.—It is the sense of Congress 

20 that not later than 180 days after the date of the enactment 

21 of this Act, the President should establish a bilateral com22 mission between the United States and Nigeria to support 

23 bilateral cooperation in the areas of— 

24 (1) trade and development; 

25 (2) economic integration; 


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1 (3) infrastructure planning, finance, develop2 ment, and management; 

3 (4) budget reform and public finance manage4 ment; 

5 (5) higher education, including applied research; 

6 (6) energy; 

7 (7) peace and security reform; 

8 (8) rule of law; 

9 (9) anti-corruption efforts, establishment of 

10 greater transparency, and electoral reform; and 

11 (10) monitoring whether bilateral efforts under12 taken between respective Federal, State, and local gov13 ernments are achieving the goals set forth by the Gov14 ernments of the United States and Nigeria. 

15 (b) BILATERAL COMMISSION.— 

16 (1) COMPOSITION.—If the President establishes 

17 the bilateral commission referred to in subsection (a), 

18 the commission should have an equal number of mem19 bers representing the United States and Nigeria and 

20 appointed by the respective Presidents of each coun21 try. Members should include representatives of Fed22 eral, State, and local governments, the private sector, 

23 and civil society organizations. 

24 (2) FUNCTIONS.—The commission should— 


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1 (A) work to establish a bilateral process that 

2 establishes the mission, goals, and objectives of a 

3 bilateral partnership and establish guidelines for 

4 accountability and rules to measure the effective5 ness for any initiatives undertaken; 

6 (B) monitor bilateral technical assistance 

7 and capacity building projects that are con8 sistent with and further the mission, goals, and 

9 objectives established by the commission; and 

10 (C) submit to the United States President, 

11 the United States Congress, the Nigerian Presi12 dent, and the Nigerian National Assembly a re13 port on the amount of progress achieved on 

14 projects undertaken by the two governments to 

15 achieve bilaterally determined goals established 

16 by the commission. 

17 (3) MONITORING OF PROJECTS.—The commis18 sion should select and monitor specific projects that 

19 involve an exchange of personnel between the Govern20 ments of the United States and Nigeria to determine 

21 whether technical assistance and capacity building 

22 are being used effectively and whether mutual benefit 

23 is being gained through the implementation of such 

24 bilateral projects. 


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1 (4) REVIEW AND REPORT.—The Secretary of 

2 State should review the work of the commission and 

3 annually submit to the President and Congress a re4 port on whether progress has been made to meet the 

5 goals set forth by the commission and whether bilat6 eral efforts have served the interest of United States 

7 and Nigerian bilateral relations. 

8 (5) UNITED STATES CONTRIBUTIONS.—United 

9 States contributions to support the Commission 

10 should be financed through existing resources. 

11 SEC. 1102. AUTHORITIES RELATING TO THE SOUTHERN AF12 RICA ENTERPRISE DEVELOPMENT FUND. 

13 (a) USE OF PRIVATE VENTURE CAPITAL.— 

14 (1) IN GENERAL.—In order to maximize the ef15 fectiveness of the activities of the Southern Africa En16 terprise Development Fund, the Fund may conduct 

17 public offerings or private placements for the purpose 

18 of soliciting and accepting private venture capital 

19 which may be used, separately or together with funds 

20 made available from the United States Government, 

21 for any lawful investment purpose that the Board of 

22 Directors of the Fund may determine in carrying out 

23 the activities of the Fund. 

24 (2) DISTRIBUTION OF FINANCIAL RETURNS.—Fi25 nancial returns on Fund investments that include a 


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1 component of private venture capital may be distrib2 uted, at such times and in such amounts as the Board 

3 of Directors of the Fund may determine, to the inves4 tors of such capital. 

5 (b) NONAPPLICABILITY OF OTHER LAWS.— 

6 (1) IN GENERAL.—Funds made available from 

7 the United States Government to the Fund may be 

8 used for the purposes of the agreement between the 

9 United States Government and the Fund notwith10 standing any other provision of law. 

11 (2) SUPPORT FROM FEDERAL DEPARTMENTS AND

12 AGENCIES.—The heads of Federal departments and 

13 agencies may conduct programs and activities and 

14 provide services in support of the activities of the 

15 Fund notwithstanding any other provision of law. 

16 (c) DEFINITION.—In this section, the term ‘‘Southern 

17 Africa Enterprise Development Fund’’ or ‘‘Fund’’ in18 cludes— 

19 (1) any successor or related entity to the South20 ern Africa Enterprise Development Fund that is ap21 proved the United States Government; and 

22 (2) any organization, corporation, limited-liabil23 ity partnership, foundation, or other corporate struc24 ture that receives, or is authorized by the United 

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1 maining funds or assets of the Southern Africa Enter2 prise Development Fund. 

3 SEC. 1103. DIABETES TREATMENT AND PREVENTION AND 

4 SAFE WATER AND SANITATION FOR PACIFIC 

5 ISLAND COUNTRIES. 

6 (a) IN GENERAL.—There is authorized to be appro7 priated $500,000 for each of fiscal years 2010 and 2011 

8 to establish a diabetes prevention and treatment program 

9 for Pacific Island countries and for safe water and sanita10 tion. 

11 (b) PACIFIC ISLAND COUNTRIES DEFINED.—In this 

12 section, the term ‘‘Pacific Island countries’’ means Fiji, 

13 Kiribati, the Marshall Islands, the Federated States of Mi14 cronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, 

15 Solomon Islands, Tonga, Tuvalu, and Vanuatu. 

16 SEC. 1104. STATELESSNESS. 

17 (a) PURPOSE.—It is the purpose of this section to in18 crease global stability and security for the United States 

19 and the international community and decrease trafficking 

20 and discrimination by reducing the number of individuals 

21 who are de jure or de facto stateless and as a consequence 

22 are unable to avail themselves of their right to a nationality 

23 and its concomitant rights and obligations and are excluded 

24 from full participation in civil society. 

25 (b) FINDINGS.—Congress finds the following: 


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1 (1) The right to a nationality is a foundation of 

2 human rights, and a deterrent to displacement and 

3 disaffection. The State is the primary vehicle through 

4 which individuals are guaranteed their inalienable 

5 rights and are made subject to the rule of law. Re6 gional stability and security are undermined when 

7 individuals cannot avail themselves of their right to 

8 a nationality and its concomitant rights and obliga9 tions and are excluded from full participation in civil 

10 society. 

11 (2) The right to a nationality and citizenship is 

12 therefore specifically protect in international declara13 tions and treaties, including Article 15 of the Uni14 versal Declaration of Human Rights, the 1954 Con15 vention Relating to the Status of Stateless Persons, 

16 the 1961 Convention on the Reduction of Stateless17 ness, Article 24 of the International Covenant on 

18 Civil and Political Rights, and Article 9(2) of the 

19 Convention on the Elimination of Discrimination 

20 Against Women. 

21 (3) In the 21st century, the adverse effects of de 

22 jure or de facto statelessness still impact at least an 

23 estimated 11,000,000 million people worldwide, who 

24 are unable to avail themselves of the rights of free peo25 ple everywhere to an effective nationality, to the 


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1 rights to legal residence, to travel, to work in the for2 mal economy or professions, to attend school, to access 

3 basic health services, to purchase or own property, to 

4 vote, or to hold elected office, and to enjoy the protec5 tion and security of a country. 

6 (c) THE UNITED NATIONS.— 

7 (1) POLICY.—It shall be the policy of the United 

8 States that the President and the Permanent Rep9 resentative of the United States to the United Nations 

10 work with the international community to increase 

11 political and financial support for the work of the 

12 United Nations High Commissioner for Refugees 

13 (UNHCR) to prevent and resolve problems related to 

14 de jure and de facto statelessness, and to promote the 

15 rights of the de jure or de facto stateless, by taking 

16 these and other actions: 

17 (A) Increasing the attention of the United 

18 Nations and the UNHCR to de jure and de facto 

19 statelessness and increasing its capacity to re20 duce statelessness around the world by coordi21 nating the mainstreaming of de jure and de facto 

22 statelessness into all of the United Nations 

23 human rights work, in cooperation with all rel24 evant United Nations agencies. 


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1 (B) Urging United Nations country teams 

2 in countries with significant de jure or de facto 

3 stateless populations to devote increasing atten4 tion and resources to undertake coordinated ef5 forts by all United Nations offices, funds, and 

6 programs to bring about the full registration and 

7 documentation of all persons resident in the ter8 ritory of each country, either as citizens or as in9 dividuals in need of international protection. 

10 (C) Urging the creation of an Inter-Agency 

11 Task Force on Statelessness with representation 

12 from the UNHCR, the United Nations Children’s 

13 Fund (UNICEF), and other relevant United Na14 tions agencies that will coordinate to increase 

15 agency awareness and information exchange on 

16 de jure and de facto statelessness to ensure a con17 sistent and comprehensive approach to the iden18 tification of stateless groups and individuals and 

19 resolution of their status. 

20 (D) Urging that nationality and de jure 

21 and de facto statelessness issues are addressed in 

22 all country reviews conducted by United Nations 

23 treaty bodies and relevant special mechanisms 

24 engaged in country visits, and pursuing creation 

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1 tions to complement the work of the UNHCR in 

2 addressing issues of de jure and de facto state3 lessness that give rise to urgent human rights or 

4 security concerns. 

5 (E) Urging the UNHCR to include nation6 ality and statelessness in all country-specific and 

7 thematic monitoring, reporting, training, and 

8 protection activities, and across special proce9 dures, and to designate at least one human 

10 rights officer to monitor, report, and coordinate 

11 the office’s advocacy on nationality and de jure 

12 and de facto statelessness. 

13 (F) Urging the United Nations to ensure 

14 that its work on trafficking includes measures to 

15 restore secure citizenship to trafficked women 

16 and girls, and to work with Member States to 

17 guarantee that national legislation gives women 

18 full and equal rights regarding citizenship. 

19 (G) Urging the United Nations to increase 

20 its capacity to respond to the needs of de jure or 

21 de facto stateless individuals, particularly chil22 dren, and to strengthen and expand the United 

23 Nations protection and assistance activities, par24 ticularly in field operations, to better respond to 


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1 the wide range of protection and assistance needs 

2 of de jure or de facto stateless individuals. 

3 (H) Urging the UNICEF to increase its ef4 forts to encourage all Member States of the 

5 United Nations to permit full and easy access to 

6 birth registration for all children born in their 

7 territories, particularly in Member States in 

8 which there are displaced populations, and work 

9 with the UNHCR and Member States to ensure 

10 the issuance of birth certificates to all children 

11 born to refugees and displaced persons. 

12 (2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated $5,000,000 for 

14 each of fiscal years 2010 and 2011 to be made avail15 able to improve the UNHCR’s assistance to de jure or 

16 de facto stateless individuals. Such funds may be used 

17 to— 

18 (A) protect the rights, meet emergency hu19 manitarian needs, and provide assistance to de 

20 jure or de facto stateless groups and individuals; 

21 (B) provide additional resources to— 

22 (i) increase the number of protection 

23 officers; 

24 (ii) increase the number of professional 

25 staff in the statelessness unit; and 


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1 (iii) train protection officers and 

2 United Nations country teams in the field 

3 to identify, reduce, protect, and prevent de 

4 jure and de facto statelessness; 

5 (C) improve identification of de jure or de 

6 facto stateless groups and individuals by car7 rying out a comprehensive annual study of the 

8 scope of de jure and de facto statelessness world9 wide, including causes of de jure and de facto 

10 statelessness and dissemination of best practices 

11 for remedying de jure and de facto statelessness; 

12 and 

13 (D) increase the United Nations educational 

14 and technical assistance programs to prevent de 

15 jure and de facto statelessness, including out16 reach to Member States and their legislatures, 

17 with particular emphasis on those countries de18 termined to have protracted de jure or de facto 

19 statelessness situations. 

20 (3) AUTHORIZATION OF APPROPRIATIONS TO

21 THE UNICEF.—There is authorized to be appropriated 

22 $3,000,000 for each of fiscal years 2010 and 2011 to 

23 augment to the UNICEF’s ability to aid countries 

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1 lations to bring about the full registration of all chil2 dren born to de jure or de facto stateless parents. 

3 (d) THE UNITED STATES.— 

4 (1) FOREIGN POLICY.—Given the importance of 

5 obtaining and preserving nationality and the protec6 tion of a government, and of preventing the exploi7 tation or trafficking of de jure or de facto stateless 

8 groups or individuals, the President shall make the 

9 prevention and reduction of de jure or de facto state10 lessness an important goal of United States foreign 

11 policy and human rights efforts. Such efforts shall in12 clude— 

13 (A) calling upon host countries to protect 

14 and assume responsibility for de jure or de facto 

15 stateless groups or individuals; 

16 (B) working with countries of origin to fa17 cilitate the resolution of problems faced by de 

18 jure or de facto stateless groups or individuals; 

19 (C) working with countries of origin and 

20 host countries to facilitate the resolution of dis21 putes and conflicts that cause or result in the 

22 creation of de jure or de facto statelessness; 

23 (D) encouraging host countries to afford de 

24 jure or de facto stateless groups or individuals 

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1 ing to the Status of Stateless Persons and the 

2 1961 Convention on the Reduction of Stateless3 ness and all relevant international conventions; 

4 (E) directing the Secretary of State to pro5 vide assistance to countries to prevent and re6 solve situations of de jure or de facto statelessness 

7 and to prevent the trafficking or exploitation of 

8 de jure or de facto stateless individuals; 

9 (F) directing the Office of Trafficking in 

10 Persons of the Department of State to continue 

11 to document and analyze the effects of stateless12 ness on trafficking in persons, both as a cause of 

13 trafficking and as an obstacle to reaching and 

14 assisting trafficked persons; and 

15 (G) encouraging and facilitating the work 

16 of nongovernmental organizations in the United 

17 States and abroad that provide legal and hu18 manitarian support to de jure or de facto state19 less groups or individuals, to increase the access 

20 of de jure or de facto stateless groups or individ21 uals to such organizations, and to encourage 

22 other governments to provide similar support 

23 and access. 

24 (2) UNITED STATES ACTIVITIES.— 


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1 (A) IN GENERAL.—Given the importance of 

2 preventing new instances of de jure or de facto 

3 statelessness and the trafficking of de jure or de 

4 facto stateless individuals, and of protecting the 

5 human rights of de jure or de facto stateless indi6 viduals, the President shall submit to the Com7 mittee on Foreign Affairs and the Committee on 

8 the Judiciary of the House of Representatives 

9 and the Committee on Foreign Relations and the 

10 Committee on the Judiciary of the Senate a re11 port that includes the following: 

12 (i) A list of countries and territories 

13 with significant de jure or de facto stateless 

14 populations under their jurisdictions and 

15 the conditions and consequences of such de 

16 jure or de facto statelessness of such individ17 uals. 

18 (ii) United States international efforts 

19 to prevent further de jure or de facto state20 lessness and encourage the granting of full 

21 legal protection of the human rights of de 

22 jure or de facto stateless individuals. 

23 (B) STATEMENT OF POLICY.—It shall be the 

24 policy of the United States to comply with the 

25 principles and provisions of the 1954 Convention 


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1 Relating to the Status of Stateless Persons and 

2 the 1961 Convention on the Reduction of State3 lessness to the fullest extent possible and to en4 courage other countries to do so as well. 

5 (C) ACTIONS BY SECRETARY OF STATE.— 

6 (i) INCREASE IN RESOURCES AND

7 STAFF.—The Secretary of State shall per8 manently increase in the Bureau of Popu9 lation, Refugees, and Migration in the De10 partment of State the resources dedicated to 

11 and staff assigned to work toward the pre12 vention and resolution of de jure and de 

13 facto statelessness and the protection of de 

14 jure or de facto stateless individuals. 

15 (ii) COORDINATION.—To coordinate 

16 United States policies toward combating de 

17 jure and de facto statelessness, the Secretary 

18 of State shall establish an Interagency 

19 Working Group to Combat Statelessness. 

20 This working group should include rep21 resentatives of the Bureau of Population, 

22 Refugees and Migration, the Bureau of 

23 International Organizations, the Bureau of 

24 Democracy, Human Rights and Labor, the 

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1 partment of State, and the United States 

2 Agency for International Development, as 

3 well as representatives from relevant offices 

4 of the Department of Justice and relevant 

5 offices of the Department of Homeland Se6 curity. 

7 (D) AUTHORIZATION OF APPROPRIA8 TIONS.—There are authorized to be appropriated 

9 such sums as may be necessary to carry out the 

10 provisions of this subsection. 

11 SEC. 1105. STATEMENT OF POLICY REGARDING THE ECU12 MENICAL PATRIARCHATE. 

13 It shall be the policy of the United States to urge Tur14 key to— 

15 (1) respect property rights and religious rights of 

16 the Ecumenical Patriarch; 

17 (2) grant the Ecumenical Patriarchate appro18 priate international recognition and ecclesiastic suc19 cession; and 

20 (3) grant the Ecumenical Patriarchate the right 

21 to train clergy of all nationalities, not just Turkish 

22 nationals. 


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1 SEC. 1106. LIMITATION ON ASSISTANCE FOR WEATHER CO2 OPERATION ACTIVITIES TO COUNTRIES IN 

3 THE AMERICAS. 

4 (a) SENSE OF CONGRESS.—It is the sense of Congress 

5 that the United States should facilitate international co6 operation on hurricane preparedness because— 

7 (1) hundreds of millions of people in the Amer8 icas live in coastal communities and are susceptible 

9 to the immense risks posed by hurricanes; 

10 (2) the need for hurricane tracking overflights 

11 and other weather cooperation activities to track and 

12 monitor hurricanes in the Americas is acute; and 

13 (3) accurate hurricane forecasts can help prevent 

14 the loss of life and injury and reduce property loss 

15 and economic disruption. 

16 (b) REPORT.— 

17 (1) IN GENERAL.—Not later than 180 days after 

18 the date of the enactment of this Act, the Secretary of 

19 State shall transmit to the appropriate congressional 

20 committees a report on the status of United States co21 operation with other countries in the Americas on 

22 hurricane preparedness and other weather cooperation 

23 activities. 

24 (2) MATTERS TO BE INCLUDED.—The report re25 quired under paragraph (1) shall include— 


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1 (A) a list of countries in the Americas that 

2 do not cooperate with the United States on hur3 ricane preparedness and other weather coopera4 tion activities; and 

5 (B) the status of any negotiations regarding 

6 hurricane preparedness and other weather co7 operation activities between the United States 

8 and countries listed in subparagraph (A). 

9 (c) LIMITATION ON ASSISTANCE.—The Secretary of 

10 State may not provide assistance for weather cooperation 

11 activities to countries listed in the report under subsection 

12 (b)(2)(A). 

13 (d) WAIVER.—The Secretary of State may waive the 

14 limitation on assistance requirements under subsection (c) 

15 if the Secretary of State certifies to the appropriate congres16 sional committees that the waiver is in the national interest 

17 of the United States. 

18 SEC. 1107. STATEMENT OF CONGRESS REGARDING AFGHAN 

19 WOMEN. 

20 Congress— 

21 (1) supports the decision by President Hamid 

22 Karzai of Afghanistan to submit for review the Shi’ite 

23 Personal Status Law and strongly urges him not to 

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1 lates the basic human rights of women and is incon2 sistent with the Constitution of Afghanistan; 

3 (2) urges President Karzai, the Ministry of Jus4 tice, and other parties involved in reviewing the law 

5 to formally declare as unconstitutional the provisions 

6 of such law regarding marital rape and restrictions 

7 on women’s freedom of movement; 

8 (3) reiterates its strong sense that the provisions 

9 in such law which restrict the rights of women should 

10 be removed, and that an amended draft of the Shi’ite 

11 Personal Status Law should be submitted for par12 liamentary review; 

13 (4) encourages the Secretary of State, the Special 

14 Representative for Afghanistan and Pakistan, the 

15 Ambassador-at-Large for Global Women’s Issues, and 

16 the United States Ambassador to Afghanistan to con17 sider and address the status of women’s rights and se18 curity in Afghanistan to ensure that such rights are 

19 not being eroded through unjust laws, policies, or in20 stitutions; and 

21 (5) encourages the Government of Afghanistan to 

22 solicit information and advice from the Ministry of 

23 Justice, the Ministry for Women’s Affairs, the Afghan24 istan Independent Human Rights Commission, and 

25 women-led nongovernmental organizations to ensure 


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1 that current and future legislation and official poli2 cies protect and uphold the equal rights of women, in3 cluding through national campaigns to lead public 

4 discourse on the importance of women’s status and 

5 rights to the overall stability of Afghanistan. 

6 SEC. 1108. GLOBAL PEACE OPERATIONS INITIATIVE PRO7 GRAMS AND ACTIVITIES. 

8 (a) FINDINGS.—Congress makes the following findings: 

9 (1) Over 100,000 military and civilian personnel 

10 are engaged in 18 United Nations peacekeeping oper11 ations around the world. Peacekeeping operations are 

12 critical to maintaining a peaceful and stable inter13 national environment. 

14 (2) The United States has a vital interest in en15 suring that United Nations peacekeeping operations 

16 are successful. Countries undergoing conflict threaten 

17 the national and economic security of the United 

18 States, risk becoming safe havens for terrorist organi19 zations, and often feature levels of human rights 

20 abuses and human deprivation that are an affront to 

21 the values of the American people. 

22 (3) Over the years, United Nations peacekeeping 

23 has evolved to meet the demands of different conflicts 

24 and a changing political landscape. Today’s peace25 keeping mission is most often ‘‘multidimensional’’ 


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1 and includes a wide variety of complex tasks such as 

2 civilian protection, helping to build sustainable insti3 tutions of governance, human rights monitoring, secu4 rity sector reform, facilitating delivery of humani5 tarian relief and disarmament, demobilization and 

6 reintegration of former combatants. 

7 (4) United Nations peacekeeping operations 

8 allow the United States to respond to global crises 

9 within a multilateral framework with costs shared 

10 among nations. A 2007 Government Accountability 

11 Office report found that in general a United States 

12 peacekeeping operation is likely to be ‘‘much more ex13 pensive’’ than a United Nations peacekeeping oper14 ation, regardless of location. 

15 (5) In many missions due to vast swaths of ter16 rain and limited infrastructure, ongoing low-inten17 sity fighting, and the presence of ‘‘peace spoilers’’, 

18 United Nations peacekeepers cannot carry out the 

19 complex tasks with which they are charged without 

20 critical enablers, and in particular air assets. 

21 (6) The United Nations Secretary-General has 

22 repeatedly noted the deleterious impact of insufficient 

23 helicopters for peacekeeping missions in Darfur and 

24 the Democratic Republic of the Congo. History has 

25 shown that under-resourced peacekeeping troops are 


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1 not only unable to carry out their mandates, they 

2 erode the credibility of the United Nations and are 

3 themselves likely to come under attack. 

4 (7) Senate Resolution 432 and House Resolution 

5 1351 of the 110th Congress— 

6 (A) urged members of the international 

7 community, including the United States, that 

8 possessed the capability to provide tactical and 

9 utility helicopters needed for the United Nations10 African Union Mission in Darfur (UNAMID) to 

11 do so as soon as possible; and 

12 (B) urged the President to intervene person13 ally by contacting other heads of state and ask14 ing them to contribute the aircraft and crews to 

15 the Darfur mission. 

16 (8) The current framework of relying on member 

17 countries to provide air assets on a volunteer basis 

18 has not yielded sufficient results. The United Nations 

19 still faces a shortfall of over 50 helicopters for 

20 UNAMID, the Democratic Republic of Congo 

21 (MONUC), and the Republic of Chad (MINURCAT). 

22 A review of trend lines suggests that any new United 

23 Nations peacekeeping missions authorized within the 

24 next five to seven years would face similar shortfalls. 


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1 (9) Numerous studies and reports have deter2 mined that there is no global shortage of air assets. 

3 It is inexcusable to allow authorized United Nations 

4 peacekeeping missions to founder for the lack of crit5 ical mobility capabilities. 

6 (b) PURPOSE.—The purpose of assistance authorized 

7 by this section is to help protect civilians by training and 

8 equipping peacekeepers worldwide, to include financing the 

9 refurbishment of helicopters. 

10 (c) USE OF FUNDS.— 

11 (1) IN GENERAL.—The Secretary of State is au12 thorized to use amounts authorized to be appropriated 

13 to carry out this section to provide funding to carry 

14 out and expand Global Peace Operations Initiative 

15 programs and activities. Such programs and activi16 ties shall include— 

17 (A) training and equipping peacekeepers 

18 worldwide, with a particular focus on Africa; 

19 (B) enhancing the capacity of regional and 

20 sub-regional organizations to plan, train for, 

21 manage, conduct, sustain and obtain lessons22 learned from peace support operations; 

23 (C) carrying out a clearinghouse function to 

24 exchange information and coordinate G–8 efforts 

25 to enhance peace operations; 


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1 (D) providing transportation and logistics 

2 support for deploying peacekeepers; 

3 (E) developing a cached equipment program 

4 to procure and warehouse equipment for use in 

5 peace operations globally; 

6 (F) providing support to the international 

7 Center of Excellence for Stability Police Units 

8 (COESPU) in Italy to increase the capabilities 

9 and interoperability of stability police to partici10 pate in peace operations; 

11 (G) conducting sustainment and self-suffi12 ciency activities in support of the objectives de13 scribed in subparagraphs (A) through (F) with a 

14 focus on assisting partners to sustain proficien15 cies gained in training programs; and 

16 (H) financing the refurbishment of heli17 copters in preparation for their deployment to 

18 United Nations peacekeeping operations or to re19 gional peacekeeping operations which have been 

20 approved by the United Nations Security Coun21 cil. 

22 (2) SENSE OF CONGRESS.—It is the sense of 

23 Congress that failure on the part of the international 

24 community to take all steps necessary to deploy and 

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1 keeping operations will result in continued loss of life 

2 and human suffering. Therefore, in carrying out this 

3 section, the Secretary of State should prioritize the re4 furbishment of helicopters with a goal of partici5 pating in the financing of no fewer than three heli6 copter refurbishments by the end of fiscal year 2011. 

7 (3) SUPPORT FROM OTHER COUNTRIES.—In pro8 viding funding under paragraph (1), the Secretary of 

9 State shall to the greatest extent possible seek to lever10 age such funding with financing from other countries. 

11 (d) REPORT.— 

12 (1) IN GENERAL.—Not later than 180 days after 

13 the date of the enactment of this Act and one year 

14 thereafter, the Secretary of State shall submit to the 

15 appropriate congressional committees a report on the 

16 activities of the United States Government to carry 

17 out the provisions of this section. 

18 (2) CONTENTS.—The report required under 

19 paragraph (1) shall include— 

20 (A) a description of the Global Peace Oper21 ations Initiative programs and activities under22 taken, by country; 

23 (B) a description of the funds obligated and 

24 expended in each country, by program and fiscal 

25 year; 


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1 (C) a description of the coordination of 

2 these efforts within the United States Govern3 ment interagency process and with other nations 

4 along with any recommendations for improve5 ments; 

6 (D) a description of the GPOI’s activities 

7 concerning the refurbishment of air assets for 

8 United Nations peacekeeping operations and re9 gional peacekeeping operations that have been 

10 approved by the United Nations Security Coun11 cil; 

12 (E) data measuring the quality of the train13 ing and proficiency of the trainees program14 wide; 

15 (F) data on the training and deployment 

16 activities of graduates of the international Cen17 ter of Excellence for Stability Police Units 

18 (COESPU) in their home countries; 

19 (G) a description of vetting activities for all 

20 GPOI training to ensure that all individuals in 

21 composite units are vetted for human rights vio22 lations; 

23 (H) data measuring the timeliness of equip24 ment delivery and recommendations for improve25 ment as appropriate; and 


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1 (I) description of how GPOI trainees and 

2 GPOI-provided equipment contribute to im3 proved civilian protection in peace operations. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated such sums as may be nec6 essary for each of fiscal years 2010 and 2011 to carry out 

7 this section. 

8 (f) DEFINITION.—In this section, the term ‘‘Global 

9 Peace Operations Initiative’’ or ‘‘GPOI’’ means the pro10 gram established by the Department of State to address 

11 major gaps in international peace operations support, in12 cluding by building and maintaining capability, capacity, 

13 and effectiveness of peace operations. 

14 SEC. 1109. FREEDOM OF THE PRESS. 

15 (a) SHORT TITLE.—This section may be cited as the 

16 ‘‘Daniel Pearl Freedom of the Press Act of 2009’’. 

17 (b) INCLUSION OF ADDITIONAL INFORMATION RELAT18 ING TO FREEDOM OF THE PRESS WORLDWIDE IN ANNUAL

19 COUNTRY REPORTS ON HUMAN RIGHTS PRACTICES.—The 

20 Foreign Assistance Act of 1961 is amended— 

21 (1) in section 116(d) (22 U.S.C. 2151n(d)), as 

22 amended by section 333(c) of this Act— 

23 (A) in paragraph (11), by striking ‘‘and’’ 

24 at the end; and 


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1 (B) in paragraph (12), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

3 (C) by adding at the end the following new 

4 paragraph: 

5 ‘‘(13) wherever applicable— 

6 ‘‘(A) a description of the status of freedom 

7 of the press, including initiatives in favor of 

8 freedom of the press and efforts to improve or 

9 preserve, as appropriate, the independence of the 

10 media, together with an assessment of progress 

11 made as a result of those efforts; 

12 ‘‘(B) an identification of countries in which 

13 there were violations of freedom of the press, in14 cluding direct physical attacks, imprisonment, 

15 indirect sources of pressure, and censorship by 

16 governments, military, intelligence, or police 

17 forces, criminal groups, or armed extremist or 

18 rebel groups; and 

19 ‘‘(C) in countries where there are particu20 larly severe violations of freedom of the press— 

21 ‘‘(i) whether government authorities of 

22 each such country participate in, facilitate, 

23 or condone such violations of the freedom of 

24 the press; and 


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1 ‘‘(ii) what steps the government of each 

2 such country has taken to preserve the safe3 ty and independence of the media, and to 

4 ensure the prosecution of those individuals 

5 who attack or murder journalists.’’; and 

6 (2) in section 502B (22 U.S.C. 2304), by adding 

7 at the end the following new subsection: 

8 ‘‘(i) The report required by subsection (b) shall in9 clude, wherever applicable— 

10 ‘‘(1) a description of the status of freedom of the 

11 press, including initiatives in favor of freedom of the 

12 press and efforts to improve or preserve, as appro13 priate, the independence of the media, together with 

14 an assessment of progress made as a result of those 

15 efforts; 

16 ‘‘(2) an identification of countries in which there 

17 were violations of freedom of the press, including di18 rect physical attacks, imprisonment, indirect sources 

19 of pressure, and censorship by governments, military, 

20 intelligence, or police forces, criminal groups, or 

21 armed extremist or rebel groups; and 

22 ‘‘(3) in countries where there are particularly se23 vere violations of freedom of the press— 

24 ‘‘(A) whether government authorities of each 

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1 done such violations of the freedom of the press; 

2 and 

3 ‘‘(B) what steps the government of each such 

4 country has taken to preserve the safety and 

5 independence of the media, and to ensure the 

6 prosecution of those individuals who attack or 

7 murder journalists.’’. 

8 (c) FREEDOM OF THE PRESS GRANT PROGRAM.— 

9 (1) IN GENERAL.—The Secretary of State shall 

10 administer a grant program with the aim of pro11 moting freedom of the press worldwide. The grant 

12 program shall be administered by the Department of 

13 State’s Bureau of Democracy, Human Rights and 

14 Labor in consultation with the Undersecretary for 

15 Public Affairs and Public Diplomacy. 

16 (2) AMOUNTS AND TIME.—Grants may be 

17 awarded to nonprofit and international organizations 

18 and may span multiple years, up to five years. 

19 (3) PURPOSE.—Grant proposals should promote 

20 and broaden press freedoms by strengthening the inde21 pendence of journalists and media organizations, pro22 moting a legal framework for freedom of the press, or 

23 through providing regionally and culturally relevant 

24 training and professionalization of skills to meet 


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1 international standards in both traditional and dig2 ital media. 

3 (d) MEDIA ORGANIZATION DEFINED.—In this section, 

4 the term ‘‘media organization’’ means a group or organiza5 tion that gathers and disseminates news and information 

6 to the public (through any medium of mass communication) 

7 in a foreign country in which the group or organization 

8 is located, except that the term does not include a group 

9 or organization that is primarily an agency or instrumen10 tality of the government of such foreign country. The term 

11 includes an individual who is an agent or employee of such 

12 group or organization who acts within the scope of such 

13 agency or employment. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated such sums as may be nec16 essary to carry out this section. 

17 SEC. 1110. INFORMATION FOR COUNTRY COMMERCIAL 

18 GUIDES ON BUSINESS AND INVESTMENT CLI19 MATES. 

20 (a) IN GENERAL.—The Director General of the Foreign 

21 Commercial Service, in consultation with the Assistant Sec22 retary of Commerce for Trade Promotion and the Assistant 

23 Secretary of State for Economic, Energy and Business Af24 fairs, should ensure that the annual Country Commercial 

25 Guides for United States businesses include— 


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1 (1) detailed assessments concerning each foreign 

2 country in which acts of unfair business and invest3 ment practices or other actions that have resulted in 

4 poor business and investment climates were, in the 

5 opinion of the Director General of the Foreign Com6 mercial Service, of major significance; 

7 (2) all relevant information about such unfair 

8 business and investment practices or other actions 

9 during the preceding year by members of the business 

10 community, the judiciary, and the government of such 

11 country which may have impeded United States busi12 ness or investment in such country, including the ca13 pacity for United States citizens to operate their busi14 nesses without fear of reprisals; and 

15 (3) information on— 

16 (A) the extent to which the government of 

17 such country is working to prevent unfair busi18 ness and investment practices; and 

19 (B) the extent of United States Government 

20 action to prevent unfair business and investment 

21 practices or other actions that harm United 

22 States business or investment interests in rel23 evant cases in such country. 


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1 (b) ADDITIONAL PROVISIONS TO BE INCLUDED.—The 

2 information required under subsection (a) should, to the ex3 tent feasible, include— 

4 (1) with respect to paragraph (1) of such sub5 section— 

6 (A) a review of the efforts undertaken by 

7 each foreign country to promote a healthy busi8 ness and investment climate that is also condu9 cive to the United States business community 

10 and United States investors, including, as ap11 propriate, steps taken in international fora; 

12 (B) the response of the judicial and local 

13 arbitration systems of each such country that is 

14 the subject of such detailed assessment with re15 spect to matters relating to the business and in16 vestment climates affecting United States citizens 

17 and entities, or that have, in the opinion of the 

18 Director General of the Foreign Commercial 

19 Service, a significant impact on United States 

20 business and investment efforts; and 

21 (C) each such country’s access to the United 

22 States market; 

23 (2) with respect to paragraph (2) of such sub24 section— 


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1 (A) any actions undertaken by the govern2 ment of each foreign country that prevent United 

3 States citizens and businesses from receiving eq4 uitable treatment; 

5 (B) actions taken by private businesses and 

6 citizens of each such country against members of 

7 the United States business community and 

8 United States investors; 

9 (C) unfair decisions rendered by the legal 

10 systems of each such country that clearly benefit 

11 State and local corporations and industries; and 

12 (D) unfair decisions rendered by local arbi13 tration panels of each such country that do not 

14 exemplify objectivity and do not provide an equi15 table ground for United States citizens and busi16 nesses to address their disputes; and 

17 (3) with respect to paragraph (3) of such sub18 section, actions taken by the United States Govern19 ment to— 

20 (A) promote the rule of law; 

21 (B) prevent discriminatory treatment of 

22 United States citizens and businesses engaged in 

23 business or investment activities in each foreign 

24 country; 


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1 (C) allow United States goods to enter each 

2 such country without requiring a co-production 

3 agreement; and 

4 (D) protect United States intellectual prop5 erty rights. 

6 (c) CONSULTATION.—In carrying out this section, the 

7 Director General of the Foreign Commercial Service shall 

8 consult with business leaders, union leaders, representatives 

9 of the judicial system of each foreign country described in 

10 subsection (a), and relevant nongovernmental organiza11 tions. 

12 (d) BUSINESS AND INVESTMENT CLIMATE WARN13 INGS.—The Secretary of State, with the assistance of the 

14 Assistant Secretary of State for Economic, Energy and 

15 Business Affairs, as well as the Assistant Secretary of Com16 merce for Trade Promotion and the Director General of the 

17 Foreign Commercial Service, shall establish a warning sys18 tem that effectively alerts United States businesses and in19 vestors of— 

20 (1) a significant deterioration in the business 

21 and investment climate in a foreign country, includ22 ing discriminatory treatment of United States busi23 nesses; or 

24 (2) a significant constraint on the ability of the 

25 United States Government to assist United States 


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1 businesses and investors in a foreign country, such as 

2 to the closure of a United States diplomatic or con3 sular mission, that is not explained in the most recent 

4 Country Commercial Guide for such country. 

5 (e) DEFINITIONS.—In this section: 

6 (1) CO-PRODUCTION AGREEMENT.—The term 

7 ‘‘co-production agreement’’ means a United States 

8 Government or United States business working with 

9 a foreign government, foreign company, or an inter10 national organization to produce or manufacture an 

11 item. 

12 (2) RULE OF LAW.—The term ‘‘rule of law’’ 

13 means the extent to which laws of a foreign country 

14 are publicly promulgated, equally enforced, independ15 ently adjudicated, and are consistent with inter16 national norms and standards. 

17 (3) UNFAIR BUSINESS AND INVESTMENT PRAC18 TICES.—The term ‘‘unfair business and investment 

19 practices’’ includes any of the following: 

20 (A) Unlawful actions under international 

21 law or the law of the foreign country taken by 

22 the government of such country or by businesses, 

23 citizens, or other entities of such country that 

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1 wise contributed to an inhospitable business or 

2 investment climate. 

3 (B) Discriminatory treatment of United 

4 States businesses, whether wholly or partially 

5 owned. 

6 (C) Failure to protect intellectual property 

7 rights. 

8 (D) Requiring a co-production agreement in 

9 order for goods from the United States to enter 

10 a foreign country. 

11 SEC. 1111. INTERNATIONAL PROTECTION OF GIRLS BY PRE12 VENTING CHILD MARRIAGE. 

13 (a) SENSE OF CONGRESS.—It is the sense of Congress 

14 that— 

15 (1) child marriage is a violation of human rights 

16 and the prevention and elimination of child marriage 

17 should be a foreign policy goal of the United States; 

18 (2) the practice of child marriage undermines 

19 United States investments in foreign assistance to 

20 promote education and skills building for girls, reduce 

21 maternal and child mortality, reduce maternal ill22 ness, halt the transmission of HIV/AIDS, prevent gen23 der-based violence, and reduce poverty; and 

24 (3) expanding educational opportunities for 

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1 ing maternal and child mortality are critical to 

2 achieving the Millennium Development Goals and the 

3 global health and development objectives of the United 

4 States, including efforts to prevent HIV/AIDS. 

5 (b) STRATEGY TO PREVENT CHILD MARRIAGE IN DE6 VELOPING COUNTRIES.— 

7 (1) STRATEGY REQUIRED.—The President, act8 ing through the Secretary of State, shall establish a 

9 multi-year strategy to prevent child marriage in de10 veloping countries and promote the empowerment of 

11 girls at risk of child marriage in developing coun12 tries, including by addressing the unique needs, 

13 vulnerabilities, and potential of girls under 18 in de14 veloping countries. 

15 (2) CONSULTATION.—In establishing the strategy 

16 required by paragraph (1), the President shall consult 

17 with Congress, relevant Federal departments and 

18 agencies, multilateral organizations, and representa19 tives of civil society. 

20 (3) ELEMENTS.—The strategy required by para21 graph (1) shall— 

22 (A) focus on areas in developing countries 

23 with high prevalence of child marriage; and 

24 (B) encompass diplomatic initiatives be25 tween the United States and governments of deVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00319 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 veloping countries, with attention to human 

2 rights, legal reforms and the rule of law, and 

3 programmatic initiatives in the areas of edu4 cation, health, income generation, changing so5 cial norms, human rights, and democracy build6 ing. 

7 (4) REPORT.—Not later than 180 days after the 

8 date of the enactment of this Act, the President shall 

9 transmit to Congress a report that includes— 

10 (A) the strategy required by paragraph (1); 

11 (B) an assessment, including data 

12 disaggregated by age and gender to the extent 

13 possible, of current United States-funded efforts 

14 to specifically assist girls in developing coun15 tries; and 

16 (C) examples of best practices or programs 

17 to prevent child marriage in developing countries 

18 that could be replicated. 

19 (c) RESEARCH AND DATA COLLECTION.—The Sec20 retary of State shall work with relevant Federal depart21 ments and agencies as part of their ongoing research and 

22 data collection activities, to— 

23 (1) collect and make available data on the inci24 dence of child marriage in countries that receive forVerDate Nov 24 2008 01:29 Jun 05, 2009 Jkt 079200 PO 00000 Frm 00320 Fmt 6652 Sfmt 6203 E:\BILLS\H2410.RH H2410

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1 eign or development assistance from the United States 

2 where the practice of child marriage is prevalent; and 

3 (2) collect and make available data on the im4 pact of the incidence of child marriage and the age 

5 at marriage on progress in meeting key development 

6 goals. 

7 (d) DEPARTMENT OF STATE’S COUNTRY REPORTS ON

8 HUMAN RIGHTS PRACTICES.—The Foreign Assistance Act 

9 of 1961 is amended— 

10 (1) in section 116 (22 U.S.C. 2151n), by adding 

11 at the end the following new subsection: 

12 ‘‘(g) The report required by subsection (d) shall include 

13 for each country in which child marriage is prevalent at 

14 rates at or above 40 percent in at least one sub-national 

15 region, a description of the status of the practice of child 

16 marriage in such country. In this subsection, the term ‘child 

17 marriage’ means the marriage of a girl or boy, not yet the 

18 minimum age for marriage stipulated in law in the country 

19 in which such girl or boy is a resident.’’; and 

20 (2) in section 502B (22 U.S.C. 2304), as amend21 ed by section 1109(b)(2) of this Act, is further amend22 ed by adding at the end the following new subsection: 

23 ‘‘(j) The report required by subsection (b) shall include 

24 for each country in which child marriage is prevalent at 

25 rates at or above 40 percent in at least one sub-national 


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1 region, a description of the status of the practice of child 

2 marriage in such country. In this subsection, the term ‘child 

3 marriage’ means the marriage of a girl or boy, not yet the 

4 minimum age for marriage stipulated in law in the country 

5 in which such girl or boy is a resident.’’. 

6 (e) DEFINITION.—In this section, the term ‘‘child mar7 riage’’ means the marriage of a girl or boy, not yet the min8 imum age for marriage stipulated in law in the country 

9 in which the girl or boy is a resident. 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

11 amounts authorized to be appropriated pursuant to section 

12 101 of this Act, there is authorized to be appropriated as 

13 such sums as necessary for fiscal years 2010 through 2011 

14 to carry out this section and the amendments made by this 

15 section. 

16 SEC. 1112. STATEMENT OF CONGRESS REGARDING RETURN 

17 OF PORTRAITS OF HOLOCAUST VICTIMS TO 

18 ARTIST DINA BABBITT. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) Dina Babbitt (formerly known as Dinah 

21 Gottliebova), a United States citizen, has requested 

22 the return of watercolor portraits she painted while 

suffering a 11 23 ⁄2-year-long internment at the Auschwitz 

24 death camp during World War II. 


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1 (2) Dina Babbitt was ordered to paint the por2 traits by the infamous war criminal Dr. Josef 

3 Mengele. 

4 (3) Dina Babbitt’s life, and her mother’s life, 

5 were spared only because she painted portraits of 

6 doomed inmates of Auschwitz-Birkenau, under orders 

7 from Dr. Josef Mengele. 

8 (4) These paintings are currently in the posses9 sion of the Auschwitz-Birkenau State Museum. 

10 (5) Dina Babbitt is the rightful owner of the art11 work, because the paintings were produced by her own 

12 talented hands as she endured the unspeakable condi13 tions that existed at the Auschwitz death camp. 

14 (6) This continued injustice can be righted 

15 through cooperation between agencies of the United 

16 States and Poland. 

17 (7) This issue was raised in the Foreign Rela18 tions Authorization Act, Fiscal Year 2003 (Public 

19 Law 107–228). 

20 (b) STATEMENT OF CONGRESS.—Congress— 

21 (1) continues to recognize the moral right of 

22 Dina Babbitt to obtain the artwork she created, and 

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1 Birkenau death camp, including the atrocities com2 mitted by Dr. Josef Mengele; 

3 (2) urges the President to make all efforts nec4 essary to retrieve the seven watercolor portraits Dina 

Babbitt painted, while suffering a 11 5 ⁄2-year-long in6 ternment at the Auschwitz death camp, and return 

7 them to her; 

8 (3) urges the Secretary of State to make imme9 diate diplomatic efforts to facilitate the transfer of the 

10 seven original watercolors painted by Dina Babbitt 

11 from the Auschwitz-Birkenau State Museum to Dina 

12 Babbitt, their rightful owner; 

13 (4) urges the Government of Poland to imme14 diately facilitate the return to Dina Babbitt of the 

15 artwork painted by her that is now in the possession 

16 of the Auschwitz-Birkenau State Museum; and 

17 (5) urges the officials of the Auschwitz-Birkenau 

18 State Museum to transfer the seven original paintings 

19 to Dina Babbitt as expeditiously as possible. 

20 SEC. 1113. STATEMENT OF POLICY REGARDING SOMALIA. 

21 (a) STATEMENT OF POLICY.—It shall be the policy of 

22 the United States to— 

23 (1) advance long-term stability and peace in So24 malia; 


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1 (2) provide assistance to the government of So2 malia and nongovernmental organizations, including 

3 Somali-led nongovernmental organizations, and par4 ticularly women’s groups, as appropriate; 

5 (3) support efforts to establish democratic civil 

6 authorities and institutions in Somalia that reflect 

7 local and traditional structures, built on the rule of 

8 law and respect for human rights, and strengthen the 

9 security sector; and 

10 (4) support reconciliation efforts in Somalia in 

11 order to ensure lasting peace. 

12 (b) SENSE OF CONGRESS.—It is the sense of Congress 

13 that the President, acting through the Secretary of State, 

14 should develop a comprehensive policy in coordination with 

15 the international community and the government of Soma16 lia that aligns humanitarian, development, economic, polit17 ical, counterterrorism, anti-piracy, and regional strategies 

18 in order to bring about peace and stability in Somalia and 

19 the region. 

20 Subtitle B—Sense of Congress 

21 Provisions 

22 SEC. 1121. PROMOTING DEMOCRACY AND HUMAN RIGHTS 

23 IN BELARUS. 

24 (a) FINDINGS.—Congress finds the following: 


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1 (1) Despite some modest improvements, notably 

2 the release of political prisoners, the Belarusian Gov3 ernment’s human rights and democracy record re4 mains poor as governmental authorities continue to 

5 commit frequent serious abuses. 

6 (2) Since 1996, President Alexander Lukashenka 

7 has consolidated his power over all institutions and 

8 undermined the rule of law through authoritarian 

9 means. 

10 (3) Belarus restricts civil liberties, including 

11 freedoms of press, speech, assembly, association, and 

12 religion. Nongovernmental organizations and political 

13 parties are subject to harassment, fines, prosecution, 

14 and closure. The Belarusian Government maintains a 

15 virtual monopoly over the country’s information 

16 space. 

17 (b) POLICY.—It is the policy of the United States to— 

18 (1) support the aspirations of the people of 

19 Belarus for democracy, human rights, and the rule of 

20 law; 

21 (2) support the aspirations of the people of 

22 Belarus to preserve the independence and sovereignty 

23 of their country; 

24 (3) seek and support the growth of democratic 

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1 velopment of a democratic political culture and civil 

2 society; 

3 (4) seek and support the growth of an open mar4 ket economy in Belarus through the development of 

5 entrepreneurship and protection of property rights; 

6 and 

7 (5) remain open to re-evaluating United States 

8 policy toward Belarus, including existing sanctions, 

9 as warranted by demonstrable democratic and human 

10 rights progress made by the Belarusian Government. 

11 (c) SENSE OF CONGRESS.—It is the sense of Congress 

12 that— 

13 (1) the United States should furnish assistance 

14 to Belarus to the support democratic processes in that 

15 country, including— 

16 (A) expanding and facilitating the develop17 ment of independent print, radio, television, and 

18 internet broadcasting to and within Belarus; 

19 (B) aiding the development of civil society 

20 through assistance to nongovernmental organiza21 tions promoting democracy and supporting 

22 human rights, including youth groups, entre23 preneurs, and independent trade unions; 

24 (C) supporting the work of human rights 

25 defenders; 


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1 (D) enhancing the development of demo2 cratic political parties; 

3 (E) assisting the promotion of free, fair, 

4 and transparent electoral processes; 

5 (F) enhancing international exchanges, in6 cluding youth and student exchanges, as well as 

7 advanced professional training programs for 

8 leaders and members of the democratic forces in 

9 skill areas central to the development of civil so10 ciety; and 

11 (G) supporting educational initiatives such 

12 as the European Humanities University, a 

13 Belarusian university in exile based in Vilnius, 

14 Lithuania; and 

15 (2) the United States should support radio, tele16 vision, and internet broadcasting to the people of 

17 Belarus in languages spoken in Belarus, including 

18 broadcasting by Radio Free Europe/Radio Liberty, 

19 European Radio for Belarus, and Belsat. 

20 SEC. 1122. SENSE OF CONGRESS ON THE HUMANITARIAN 

21 SITUATION IN SRI LANKA. 

22 It is the sense of Congress that— 

23 (1) both the Liberation Tigers of Tamil Eelam 

24 (LTTE) and the Government of Sri Lanka must 


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1 abide by their commitments to respect human life and 

2 cease offensive operations; 

3 (2) the United States Government remains deep4 ly concerned about the current danger to civilian lives 

5 and the dire humanitarian situation created by the 

6 fighting in the Mullaittivu area in Sri Lanka; 

7 (3) the United States should call upon the Gov8 ernment and military of Sri Lanka and the LTTE to 

9 allow a humanitarian pause sufficient for the tens of 

10 thousands of civilians in the conflict area to escape 

11 the fighting; 

12 (4) both sides must respect the right of free move13 ment of those civilian men, women and children 

14 trapped by the fighting; 

15 (5) the LTTE must immediately allow civilians 

16 to depart; 

17 (6) the LTTE should then lay down their arms 

18 to a neutral third party; 

19 (7) the Government of Sri Lanka should allow 

20 the United Nations High Commission for Refugees 

21 (UNHCR) and the International Committee of the 

22 Red Cross (ICRC) access to all sites where newly ar23 rived displaced persons are being registered or being 

24 provided shelter, as well as to implement established 


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1 international humanitarian standards in the camps 

2 for internally displaced persons; 

3 (8) a durable and lasting peace will only be 

4 achieved through a political solution that addresses 

5 the legitimate aspirations of all Sri Lankan commu6 nities; and 

7 (9) the Government of Sri Lanka should put for8 ward a timely and credible proposal to engage its 

9 Tamil community who do not espouse violence or ter10 rorism, and to develop power sharing arrangements 

11 so that lasting peace and reconciliation can be 

12 achieved. 

13 SEC. 1123. WEST PAPUA. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) West Papua was a former Dutch colony just 

16 as East Timor was a former Portuguese colony just 

17 as Indonesia was a former colony of the Netherlands. 

18 (2) In 1949, the Dutch granted independence to 

19 Indonesia and retained West Papua. 

20 (3) In 1950, the Dutch prepared West Papua for 

21 independence. 

22 (4) However, Indonesia, upon achieving inde23 pendence, demanded the entire archipelago including 

24 the Dutch holding of West Papua and the Portuguese 

25 controlled territory of East Timor. 


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1 (5) In 1962, the United States mediated an 

2 agreement between the Dutch and Indonesia. Under 

3 terms of the agreement, the Dutch were to leave West 

4 Papua and transfer sovereignty to the United Nations 

5 after which time a national election would be held to 

6 determine West Papua’s political status. But almost 

7 immediately after this agreement was reached, Indo8 nesia violated the terms of the transfer and took over 

9 the administration of West Papua from the United 

10 Nations. 

11 (6) Indonesia then orchestrated an election that 

12 many regarded as a brutal military operation. In 

13 what became known as an ‘‘act of no-choice’’, 1,025 

14 West Papua elders under heavy military surveillance 

15 were selected to vote on behalf of more than 800,000 

16 West Papuans on the territory’s political status. The 

17 United Nations Representative sent to observe the 

18 election process produced a report which outlined var19 ious and serious violations of the United Nations 

20 Charter. In spite of the report and in spite of 

21 testimonials from the press, the opposition of fifteen 

22 countries, and the cries of help from the Papuans 

23 themselves, West Papua was handed over to Indonesia 

24 in November 1969. 


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1 (7) Since this time, the Papuans have suffered 

2 blatant human rights abuses including extrajudicial 

3 executions, imprisonment, torture, environmental deg4 radation, natural resource exploitation and commer5 cial dominance of immigrant communities and it is 

6 now estimated that more than 100,000 West Papuans 

7 and 200,000 East Timorese died as a direct result of 

8 Indonesian rule especially during the administrations 

9 of military dictators Sukarno and Suharto. 

10 (8) Today, the violence continues. In its 2004 

11 Country Reports on Human Rights Practices the De12 partment of State reports that Indonesia ‘‘security 

13 force members murdered, tortured, raped, beat and 

14 arbitrarily detained civilians and members of sepa15 ratist movements especially in Papua’’. 

16 (9) In response to international pressure, Indo17 nesia has promised to initiate Special Autonomy for 

18 West Papua. 

19 (10) Considering that East Timor achieved inde20 pendence from Indonesia in 2002 by way of a United 

21 Nations sanctioned referendum, Special Autonomy 

22 may be an effort to further disenfranchise a people 

23 who differ racially from the majority of Indonesians. 

24 (11) West Papuans are Melanesian and believed 

25 to be of African descent. 


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1 (b) REPORTS.— 

2 (1) SECRETARY OF STATE.—For fiscal year 

3 2010, the Secretary of State shall submit to the ap4 propriate congressional committees a report on the 

5 1969 Act of Free Choice, the current political status 

6 of West Papua, and the extent to which the Govern7 ment of Indonesia has implemented and included the 

8 leadership and the people of West Papua in the devel9 opment and administration of Special Autonomy. 

10 (2) PRESIDENT.—For each of fiscal years 2010 

11 and 2011, the President shall transmit to the appro12 priate congressional committees a report that con13 tains a description of the extent to which the Govern14 ment of Indonesia has certified that it has halted 

15 human rights abuses in West Papua. 

16 SEC. 1124. SENSE OF CONGRESS RELATING TO SOVIET NU17 CLEAR TESTS AND KAZAKHSTAN’S COMMIT18 MENT TO NONPROLIFERATION. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) In 1991, immediately after achieving inde21 pendence, Kazakhstan closed and sealed the world’s 

22 second largest nuclear test site in Semipalatinsk 

23 which had been inherited from the former Soviet 

24 Union and at which more than 500 nuclear tests had 

25 been conducted from 1949 to 1991. 


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1 (2) The cumulative power of explosions from 

2 those tests, conducted above ground, on the ground, 

3 and underground is believed to be equal to the power 

4 of 20,000 explosions of the type of bomb dropped on 

5 Hiroshima, Japan, in 1945. 

6 (3) More than 1,500,000 people in Kazakhstan 

7 suffered because of decades of Soviet nuclear weapons 

8 testing in the region. 

9 (4) A horrifying array of disease will continue 

10 to destroy the lives of hundreds of thousands and their 

11 descendants for many generations to come as a result 

12 of these tests. 

13 (5) Since its independence, Kazakhstan has con14 structed a stable and peaceful state, voluntarily dis15 armed the world’s fourth largest nuclear arsenal, 

16 joined the Strategic Arms Reduction Treaty 

17 (START), and within the frameworks of the Coopera18 tive Threat Reduction program the government of 

19 Kazakhstan, in cooperation with the United States 

20 Government, conducted a very successful secret oper21 ation, code-named Project Sapphire, as a result of 

22 which 581 kilograms (1,278 pounds) of highly en23 riched uranium enough to produce 20–25 nuclear 

24 warheads were removed from Kazakhstan. 


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1 (6) Because of the successful cooperation between 

2 the Governments of the United States and 

3 Kazakhstan, the last lethal weapon was removed from 

4 Kazakhstan in April 1995. 

5 (7) Kazakhstan, allegiant to its commitment to 

6 nonproliferation, in December 2004 signed with the 

7 United States an amendment to the bilateral agree8 ment on the nonproliferation of weapons of mass de9 struction which will move the two nations towards a 

10 new level of cooperation in preventing the threat of 

11 bio-terrorism. 

12 (8) By its actions, Kazakhstan has proven itself 

13 not only as a universally recognized leader and one 

14 of the key members in the nonproliferation process, 

15 but also as a reliable and consistent ally of the United 

16 States in reducing nuclear threats and preventing le17 thal weapons from being acquired by terrorist organi18 zations such as Al-Qaeda. 

19 (9) Recently Kazakhstan has also offered to host 

20 an international nuclear fuel bank where low-enriched 

21 uranium would be stored in accordance with the high22 est international standards for safety, security, and 

23 safeguards. 


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1 (10) The Norwegian Defence Research Establish2 ment is also working with Kazakhstan to strengthen 

3 nuclear security and nonproliferation. 

4 (b) SENSE OF CONGRESS.—It is the sense of Congress 

5 that— 

6 (1) the people of Kazakhstan and its Government 

7 should be congratulated for their commitment to non8 proliferation and their leadership in offering to host 

9 an international nuclear fuel bank; and 

10 (2) the Secretary of State should work to estab11 lish a joint working group with the Governments of 

12 Kazakhstan and Norway to explore common chal13 lenges and opportunities on disarmament and non14 proliferation, and to assist in assessing the environ15 mental damage and health effects caused by Soviet 

16 nuclear testing in Semipalatinsk. 

17 SEC. 1125. SENSE OF CONGRESS ON HOLOCAUST-ERA PROP18 ERTY RESTITUTION AND COMPENSATION. 

19 It is the sense of Congress that— 

20 (1) countries in Central and Eastern Europe 

21 which have not already done so must return looted 

22 and confiscated properties to their rightful owners or, 

23 where restitution is not possible, pay equitable com24 pensation, in accordance with principles of justice 


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1 and in an expeditious manner that is transparent 

2 and fair; 

3 (2) countries in Central and Eastern Europe 

4 must enact and implement appropriate restitution 

5 and compensation legislation to facilitate private, 

6 communal, and religious property restitution; and 

7 (3) countries in Central and Eastern Europe 

8 must ensure that such restitution and compensation 

9 legislation establishes a simple, transparent, and 

10 timely process, so that such process results in a real 

11 benefit to those individuals who suffered from the un12 just confiscation of their property. 

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

14 SHALIT. 

15 It is the sense of Congress that Israeli soldier Gilad 

16 Shalit, who has been held captive continuously since his il17 legal abduction by Gazan kidnappers in 2006, should be 

18 safely released at the earliest possible time and that, pend19 ing his release, the International Committee of the Red 

20 Cross should be granted full access to him, in accordance 

21 with international law and civilized values. 

22 SEC. 1127. SENSE OF CONGRESS RELATING TO SUDAN. 

23 It is the sense of Congress that— 

24 (1) the United States should support efforts to 

25 find a stable and lasting peace in Sudan in the wake 


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1 of a devastating conflict that led to a major humani2 tarian disaster and caused the deaths of hundreds of 

3 thousands, and continues to cause violence in Darfur 

4 and throughout Sudan; 

5 (2) to achieve that peace, all parties must agree 

6 to uphold the Comprehensive Peace Agreement (CPA); 

7 (3) international partners should aim to widen 

8 acceptance of the Darfur Peace Agreement by all 

9 stakeholders; 

10 (4) the United States should support efforts to 

11 prepare for the national elections and for the ref12 erendum; 

13 (5) the United States should support efforts to 

14 develop a coordinated international strategy to sup15 port the rebuilding of Sudan, with a particular focus 

16 on key CPA benchmarks including policy toward the 

17 Three Areas, transitional justice, which would include 

18 prosecuting perpetrators of war crimes, oil revenue 

19 sharing, the census, the return of displaced Darfuris 

20 and other peoples to their homeland, and management 

21 of the armed forces; and 

22 (6) United States policy toward Darfur should 

23 be fully integrated with United States policy toward 

24 the CPA, as full and lasting resolution to the Darfur 


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1 crisis hinges on the resolution of a common set of na2 tional problems. 

3 SEC. 1128. SENSE OF CONGRESS ON RESTRICTIONS ON RE4 LIGIOUS FREEDOM IN VIETNAM. 

5 (a) FINDINGS.—Congress finds the following: 

6 (1) The Secretary of State, under the Inter7 national Religious Freedom Act of 1998 (22 U.S.C. 

8 6401 et seq.) and authority delegated by the Presi9 dent, designates nations found guilty of ‘‘particularly 

10 severe violations of religious freedom’’ as ‘‘Countries 

11 of Particular Concern’’. 

12 (2) In November 2006, the Secretary of State an13 nounced that the Socialist Republic of Vietnam was 

14 no longer designated as a ‘‘Country of Particular 

15 Concern’’. 

16 (3) The Unified Buddhist Church of Vietnam 

17 (UBCV), the Hoa Hao Buddhists, and the Cao Dai 

18 groups continue to face unwarranted abuses because 

19 of their attempts to organize independently of the 

20 Government of Vietnam, including the detention and 

21 imprisonment of individual members of these reli22 gious communities. 

23 (4) Over the last 3 years, 18 Hoa Hao Buddhists 

24 have been arrested for distributing sacred texts or 

25 publically protesting the religious restrictions placed 


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1 on them by the Government of Vietnam, at least 12 

2 remain in prison, including 4 sentenced in 2007 for 

3 staging a peaceful hunger strike. 

4 (5) At least 15 individuals are being detained in 

5 long term house arrest for reasons relating to their 

6 faith, including the most venerable Thich Quang Do 

7 and most of the leadership of the UBCV. 

8 (6) According to Human Rights Watch, ‘‘In 

9 April 2008 Montagnard Christian Y Ben Hdok was 

10 beaten to death while in police custody in Dak Lak 

11 after other Montagards in his district tried to flee to 

12 Cambodia to seek political asylum.’’. 

13 (7) According to the United States Commission 

14 on International Religious Freedom 2009 Annual Re15 port, religious freedom advocates and human rights 

16 defenders Nguyen Van Dai, Le Thi Cong Nhan, and 

17 Fr. Thaddeus Nguyen Van Ly are in prison under 

18 Article 88 of the Criminal Code of Vietnam and Fr. 

19 Nguyen Van Loi is being held without official deten20 tion orders under house arrest. 

21 (8) In February 2009, as many as 11 

22 Montagnard Protestants were detained for refusing to 

23 join the officially recognized Southern Evangelical 

24 Church of Vietnam, and 2 still remain in prison. 


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1 (9) Since August 2008, the Government of Viet2 nam has arrested and sentenced at least eight indi3 viduals and beaten, tear-gassed, harassed, publicly 

4 slandered, and threatened Catholics engaged in peace5 ful activities seeking the return of Catholic Church 

6 properties confiscated by the Vietnamese Government 

7 after 1954 in Hanoi, including in the Thai Ha par8 ish. 

9 (b) SENSE OF CONGRESS.—It is the sense of Congress 

10 that— 

11 (1) the Secretary of State should place Vietnam 

12 on the list of ‘‘Countries of Particular Concern’’ for 

13 particularly severe violations of religious freedom; 

14 and 

15 (2) the Government of Vietnam should lift re16 strictions on religious freedom and implement nec17 essary legal and political reforms to protect religious 

18 freedom. 


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Union Calendar No. 69 

111TH CONGRESS 

1ST SESSION H. R. 2410 

[Report No. 111–136] 

A BILL 

To authorize appropriations for the Department of 

for other purposes. and 2011, to modernize the Foreign Service, and State and the Peace Corps for fiscal years 2010 

JUNE 4, 2009 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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