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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2410 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2410

 To authorize appropriations for the Department of State and the Peace 
Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, 
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 14, 2009

  Mr. Berman introduced the following bill; which was referred to the 
                      Committee on Foreign Affairs

_______________________________________________________________________

                                 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.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Appropriate congressional committees defined.
                TITLE I--AUTHORIZATION OF APPROPRIATIONS

Sec. 101. Administration of Foreign Affairs.
Sec. 102. International organizations.
Sec. 103. International commissions.
Sec. 104. Migration and refugee assistance.
Sec. 105. Centers and foundations.
        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

Sec. 201. International Litigation Fund.
Sec. 202. Actuarial valuations.
Sec. 203. Special agents.
Sec. 204. Repatriation loans.
        Subtitle B--Public Diplomacy at the Department of State

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

Sec. 231. Permanent authority to assess passport surcharge.
Sec. 232. Sense of Congress regarding additional consular services in 
                            Moldova.
Sec. 233. Reforming refugee processing.
Sec. 234. English language and cultural awareness training for approved 
                            refugee applicants.
Sec. 235. Iraqi refugees and internally displaced persons.
Sec. 236. Videoconference interviews.
Sec. 237. Tibet.
           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

        Subtitle A--Towards Modernizing the Department of State

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

Sec. 311. Short title.
Sec. 312. Overseas comparability pay adjustment.
Sec. 313. Death gratuity.
          Subtitle C--Other Organization and Personnel Matters

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

                  Subtitle A--International Leadership

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

Sec. 411. Organization of American States.
Sec. 412. Peacekeeping operations contributions.
Sec. 413. Pacific Islands Forum.
Sec. 414. Review of activities of international commissions.
Sec. 415. Enhancing nuclear safeguards.
           TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

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

Sec. 601. Findings; statement of policy.
Sec. 602. Amendments to the Peace Corps Act.
Sec. 603. Report.
   TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009

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

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

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

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

Sec. 841. Authority to build the capacity of foreign military forces.
Sec. 842. Foreign Military Sales Stockpile Fund.
Sec. 843. Annual estimate and justification for Foreign Military Sales 
                            program.
Sec. 844. Sense of Congress on the global arms trade.
Sec. 845. Report on United States' commitments to the security of 
                            Israel.
Sec. 846. War Reserves Stockpile.
Sec. 847. Excess defense articles for Central and South European 
                            countries and certain other countries.
           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 Mexico.
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.
                   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. Transfer of liquidated assets of certain Enterprise Funds to 
                            legacy institutions.
Sec. 1107. Limitation on assistance for hurricane preparedness and 
                            other weather cooperation activities to 
                            countries in the Americas.
Sec. 1108. Statement of Congress regarding Afghan women.
Sec. 1109. Global Peace Operations Initiative programs and activities.
Sec. 1110. Freedom of the press.
Sec. 1111. Information for Country Commercial Guides on business and 
                            investment climates.
Sec. 1112. International Protecting Girls by Preventing Child Marriage.
Sec. 1113. Statement of Congress regarding return of portraits of 
                            Holocaust victims to artist Dina Babbitt.
Sec. 1114. 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. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.

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

                TITLE I--AUTHORIZATION OF APPROPRIATIONS

SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.

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

SEC. 102. INTERNATIONAL ORGANIZATIONS.

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

SEC. 103. INTERNATIONAL COMMISSIONS.

    The following amounts are authorized to be appropriated under 
``International Commissions'' for the Department of State to carry out 
the authorities, functions, duties, and responsibilities in the conduct 
of the foreign affairs of the United States and for other purposes 
authorized by law:
            (1) International boundary and water commission, united 
        states and mexico.--For ``International Boundary and Water 
        Commission, United States and Mexico''--
                    (A) for ``Salaries and Expenses'', $33,000,000 for 
                fiscal year 2010, and such sums as may be necessary for 
                fiscal year 2011; and
                    (B) for ``Construction'', $43,250,000 for fiscal 
                year 2010, and such sums as may be necessary for fiscal 
                year 2011.
            (2) International boundary commission, united states and 
        canada.--For ``International Boundary Commission, United States 
        and Canada'', $2,385,000 for fiscal year 2010, and such sums as 
        may be necessary for fiscal year 2011.
            (3) International joint commission.--For ``International 
        Joint Commission'', $7,974,000 for fiscal year 2010, and such 
        sums as may be necessary for fiscal year 2011.
            (4) International fisheries commissions.--For 
        ``International Fisheries Commissions'', $12,608,000 for fiscal 
        year 2010, and such sums as may be necessary for fiscal year 
        2011.

SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

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

SEC. 105. CENTERS AND FOUNDATIONS.

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

        TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES

              Subtitle A--Basic Authorities and Activities

SEC. 201. INTERNATIONAL LITIGATION FUND.

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

SEC. 202. ACTUARIAL VALUATIONS.

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

SEC. 203. SPECIAL AGENTS.

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

SEC. 204. REPATRIATION LOANS.

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

        Subtitle B--Public Diplomacy at the Department of State

SEC. 211. CONCENTRATION OF PUBLIC DIPLOMACY RESPONSIBILITIES.

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

SEC. 212. ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE CORPS.

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

SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY OUTREACH.

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

SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS.

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

SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY EXCHANGE PROGRAMS.

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

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

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

SEC. 217. SPECIAL OLYMPICS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI.

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

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

    (a) In General.--Section 204 of the Vietnam Education Foundation 
Act of 2000 (Public Law 106-554) is amended to read as follows:

``SEC. 204. ESTABLISHMENT.

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

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

    ``(a) Establishment.--
            ``(1) In general.--There is established a Vietnam Education 
        Foundation Advisory Committee (referred to in this section as 
        the `Advisory Committee'), which shall provide advice to the 
        Secretary and the Assistant Secretary for Educational and 
        Cultural Affairs regarding the Foundation's activities.
            ``(2) Membership.--The Advisory Committee shall be composed 
        of seven members, of whom--
                    ``(A) three shall be appointed by the Secretary;
                    ``(B) one shall be appointed by the majority leader 
                of the Senate;
                    ``(C) one shall be appointed by the minority leader 
                of the Senate;
                    ``(D) one shall be appointed by the Speaker of the 
                House of Representatives; and
                    ``(E) one shall be appointed by the minority leader 
                of the House of Representatives.
            ``(3) Appointment of incumbent members of board of 
        directors.--Members appointed to the Advisory Committee under 
        paragraph (2) may include individuals who were members of the 
        Board of Directors of the Foundation on the date immediately 
        preceding the date of the enactment of the Vietnam Education 
        Foundation Amendments Act of 2008.
    ``(b) Supervision.--The Foundation shall be subject to the 
supervision and direction of the Secretary, working through the 
Assistant Secretary for Educational and Cultural Affairs, and in 
consultation with the Advisory Committee established under subsection 
(a).''.
    (c) Appointment of Executive Director.--Subsection (a) of section 
208 of such Act is amended, in the first sentence, by striking ``shall 
be appointed'' and inserting ``may be appointed''.
    (d) Service of Executive Director to Advisory Committee.--Such 
subsection is further amended, in the second sentence, by striking 
``Foundation and shall carry out'' and inserting ``Foundation, serve 
the Advisory Committee, and carry out''.
    (e) Conforming Amendments.--Such Act is amended--
            (1) in section 203--
                    (A) by striking paragraph (1);
                    (B) by redesignating paragraphs (2) and (3) as 
                paragraphs (1) and (2), respectively; and
                    (C) by inserting after paragraph (2), as 
                redesignated, the following:
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of State.'';
            (2) in section 208--
                    (A) in subsection (a)--
                            (i) in the subsection heading, by striking 
                        ``Board'' and inserting ``Secretary''; and
                            (ii) by striking ``Board'' each place it 
                        appears and inserting ``Secretary''; and
                    (B) in subsection (d), by striking ``Board'' and 
                inserting ``Secretary''; and
            (3) in section 209(b), by striking ``Board'' and inserting 
        ``Secretary''.
    (f) Mutual Educational and Cultural Exchange Act of 1961.--Section 
112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (22 
U.S.C. 2460(a)) is amended--
            (1) in paragraph (8), by striking ``and'' at the end;
            (2) in paragraph (9), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(10) programs administered by the Vietnam Education 
        Foundation.''.
    (g) Transfer of Functions.--All functions and assets of the Vietnam 
Education Foundation are transferred to the Bureau of Educational and 
Cultural Affairs of the Department of State. The Assistant Secretary 
for Educational and Cultural Affairs may hire personnel who were 
employed by the Vietnam Education Foundation on the date before the 
date of the enactment of this Act, and such other personnel as may be 
necessary to support the Foundation, in accordance with part III of 
title 5, United States Code.
    (h) Support for Institutional Development in Vietnam.--
            (1) Grants authorized.--The Secretary of State, acting 
        through the Assistant Secretary for Educational and Cultural 
        Affairs, is authorized to award 1 or more grants to 
        institutions of higher education (as defined in section 101(a) 
        of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), which 
        shall be used to implement graduate-level academic management 
        programs in Vietnam. Such programs shall--
                    (A) respond to pressing needs of Vietnamese 
                society;
                    (B) feature both teaching and research components;
                    (C) promote the development of institutional 
                capacity in Vietnam;
                    (D) operate according to core principles of good 
                governance; and
                    (E) enjoy legal autonomy from the Vietnamese 
                government.
            (2) Application.--
                    (A) In general.--Each institution of higher 
                education desiring the grant under this section shall 
                submit an application to the Secretary of State at such 
                time, in such manner, and accompanied by such 
                information as the Secretary may reasonably require.
                    (B) Competitive basis.--Each grant authorized under 
                subsection (a) shall be awarded on a competitive basis.
            (3) Source of grant funds.--The Secretary of State may use 
        funds made available to the Vietnam Education Foundation under 
        section 207(c) of the Vietnam Education Foundation Act of 2000 
        (22 U.S.C. 2452 note) for the grant awarded under this section.
    (i) Effective Date.--This Act and the amendments made by this Act 
shall take effect on the date that is 90 days after the date of the 
enactment of this Act.

           Subtitle C--Consular Services and Related Matters

SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT SURCHARGE.

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

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

    It is the sense of Congress that in light of serious problems with 
human trafficking as well as the exceptionally high volume of 
applications by citizens of Moldova to the United States Summer Work 
Travel program, the Secretary of State should make every effort to 
enhance consular services at the United States embassy in Chisinau, 
Moldova, including considering assigning an additional consular officer 
to such post.

SEC. 233. REFORMING REFUGEE PROCESSING.

    (a) Reform of the Worldwide Processing Priority System.--
            (1) In general.--The Secretary of State shall revise the 
        system for processing refugees for admission to the United 
        States to prioritize particularly vulnerable refugees who are 
        most urgently in need of resettlement.
            (2) Embassy and ngo referrals.--The Secretary of State 
        shall establish a training and implementation plan, including 
        training of United States embassy and consular personnel, for 
        ensuring that all United States embassies and consulates are 
        equipped and enabled to refer aliens in need of resettlement to 
        the United States refugee admissions program. The Secretary 
        shall also establish a system to provide ongoing regional 
        support, training, and communication with nongovernmental 
        organizations that provide assistance to displaced and 
        persecuted persons to enable such organizations to refer aliens 
        in need of resettlement to the United States refugee admissions 
        program.
            (3) Overseas refugee processing.--On or before October 1, 
        2011, the Secretary of State shall ensure that any agreement, 
        contract, or other arrangement with an organization to process 
        refugee applicants overseas for admission to the United States 
        shall be granted through a competitive process among 
        nongovernmental organizations with experience in the processing 
        or resettlement of refugees in the United States. The Secretary 
        may waive such requirement if the Secretary determines that no 
        qualifying organization is available, competent, and authorized 
        to operate in the country at issue or that no such organization 
        is willing or able to do so in a cost-effective manner.
    (b) Reform of the Refugee Consultation Process.--Section 207 of the 
Immigration and Nationality Act (8 U.S.C. 1157) is amended--
            (1) in subsection (a)(2), by adding at the end the 
        following new sentence: ``In the event that a fiscal year 
        begins without such determination having been made, there is 
        authorized to be admitted in the first quarter of such fiscal 
        year 25 percent of the number of refugees fixed by the 
        President in the previous fiscal year's determination.''; and
            (2) in subsection (e), in the matter preceding paragraph 
        (1), by striking ``discussions in person'' and inserting 
        ``discussions in person, to be commenced not later than June 1 
        of each year,''.
    (c) Family Reunification.--
            (1) Multiple forms of relief.--Applicants for admission as 
        refugees shall be permitted to simultaneously pursue admission 
        under any other visa categories for which such applicants may 
        be eligible.
            (2) Separated children.--In the case of a child who has 
        been separated from the birth or adoptive parents of such child 
        and who is living in a country of asylum under the care of an 
        alien who has been approved for admission to the United States 
        as a refugee, such child shall be, if in the best interest of 
        the child, deemed an unaccompanied refugee minor eligible for 
        admission to the United States and considered for placement 
        with such alien in the United States.  Upon the child's 
        admission to the United States, such admission shall be charged 
        against the numerical limitation established in accordance with 
        the appropriate section of the Immigration and Nationality Act 
        under which such alien's admission is charged.
            (3) Children of refugee spouses.--For the purposes of 
        sections 207(c)(2)(A) and 208(b)(3) of the Immigration and 
        Nationality Act (8 U.S.C. 1157(c)(2)(A) and 1158(b)(3)), the 
        child of an alien who qualifies for admission as a spouse under 
        such sections shall be entitled to the same admission status as 
        such spouse if accompanying, or following to join, such spouse 
        and if such child is otherwise admissible as provided in such 
        sections.
    (d) ERMA Account.--Section 2 of the Migration and Refugee 
Assistance Act of 1962 (22 U.S.C. 2601) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``President'' and 
                inserting ``Secretary of State''; and
                    (B) in paragraph (2), in the second sentence--
                            (i) by striking ``to the President''; and
                            (ii) by striking ``100,000,000'' and 
                        inserting ``$200,000,000''; and
            (2) in subsection (d), by striking ``President'' and 
        inserting ``Secretary of State''.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated 
        such sums as may be necessary to carry out this section, 
        including the amendments made by this section.
            (2) Rule of construction.--Nothing in this section may be 
        construed to reduce funds or services for other refugee 
        assistance or resettlement.
    (f) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the first day of the first fiscal year 
that begins after the date of the enactment of this section.

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

    (a) In General.--The Secretary of State shall establish formal 
training programs in five overseas refugee processing regions to 
provide English as a second language, cultural orientation, and work 
orientation training for refugees who have been approved for admission 
to the United States before their departure for the United States.
    (b) Design and Implementation.--In designing and implementing the 
training programs referred to in subsection (a), the Secretary shall 
ensure that nongovernmental organizations with direct ties to the 
United States refugee resettlement program are utilized in such 
training programs.
    (c) Impact on Processing Times.--The Secretary shall ensure that 
such training programs occur within current processing times and do not 
unduly delay the departure for the United States of refugees who have 
been approved for admission to the United States.
    (d) Timeline for Implementation and Report to Congress.--
            (1) Timeline for implementation.--Not later than one year 
        after the date of the enactment of this Act, the Secretary 
        shall ensure that such training programs are operating in at 
        least one overseas refugee processing region, and not later 
        than two years after the date of the enactment of this Act, 
        such training programs are operating in each of the five 
        overseas refugee processing regions.
            (2) Report to congress.--Not later than 18 months after the 
        date of the enactment of this Act, the Secretary shall submit 
        to the appropriate congressional committees a report on the 
        implementation of this section.
    (e) Rule of Construction.--Nothing in this section shall be 
construed to require that a refugee participate in such a training 
program as a precondition for the admission to the United States of 
such refugee.

SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS.

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

SEC. 236. VIDEOCONFERENCE INTERVIEWS.

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

SEC. 237. TIBET.

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

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

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

           TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES

        Subtitle A--Towards Modernizing the Department of State

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

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

SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DEVELOPMENT.

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

SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED CENTER.

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

SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION.

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

       Subtitle B--Foreign Service Pay Equity and Death Gratuity

SEC. 311. SHORT TITLE.

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

SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

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

``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.

    ``(a) In General.--A member of the Service who is designated class 
1 or below for purposes of section 403 and whose official duty station 
is neither in the continental United States nor in a non-foreign area 
shall receive, in accordance with the phase-in schedule set forth in 
subsection (c), a locality-based comparability payment (stated as a 
percentage) equal to the locality-based comparability payment (stated 
as a percentage) that would be provided under section 5304 of title 5, 
United States Code, if such member's official duty station were in the 
District of Columbia.
    ``(b) Treatment as Basic Pay.--The amount of any locality-based 
comparability payment which is payable to a member of the Service by 
virtue of this section--
            ``(1) shall be considered to be part of the basic pay of 
        such member--
                    ``(A) for the same purposes as provided for under 
                section 5304(c)(2)(A) of title 5, United States Code; 
                and
                    ``(B) for purposes of chapter 8; and
            ``(2) shall be subject to any limitations on pay applicable 
        to locality-based comparability payments under section 5304 of 
        title 5, United States Code.
    ``(c) Phase-In.--The locality-based comparability payment payable 
to a member of the Service under this section shall--
            ``(1) beginning on the first day of the first pay period 
        that is 90 days after the date of the enactment of this 
        subsection, be equal to 33.33 percent of the payment which 
        would otherwise apply under subsection (a);
            ``(2) beginning on the first day of the first pay period in 
        April 2010, be equal to 66.67 percent of the payment which 
        would otherwise apply under subsection (a); and
            ``(3) beginning on the first day of the first pay period in 
        fiscal year 2012 and each subsequent fiscal year, be equal to 
        the payment determined under subsection (a).
    ``(d) Non-Foreign Area Defined.--For purposes of this section, the 
term `non-foreign area' has the same meaning as is given such term in 
regulations carrying out section 5941 of title 5, United States 
Code.''.
            (2) Conforming amendment.--The table of contents set forth 
        in section 2 of such Act is amended by inserting after the item 
        relating to section 414 the following:

``SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.''.

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

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

    (c) Reporting Requirements.--
            (1) In general.--Not later than October 1, 2010, the 
        Secretary of State shall submit to the appropriate 
        congressional committees an assessment of all allowances 
        provided to members of the Foreign Service under the Foreign 
        Service Act of 1980 or under title 5, United States Code, and 
        in particular, how such allowances have been or will be 
        affected by the amendments to the Foreign Service Act of 1980 
        made by this Act.
            (2) Definition.--For purposes of this subsection, the term 
        ``appropriate congressional committees'' means the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Foreign Relations of the Senate.

SEC. 313. DEATH GRATUITY.

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

          Subtitle C--Other Organization and Personnel Matters

SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.

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

``SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.

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

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

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

SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM.

    (a) In General.--Chapter 5 of Title I of the Foreign Service Act of 
1980 (22 U.S.C. 3981 et seq.) is amended by adding after section 506 
(as added by section 311 of this Act) the following new section:

``SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM.

    ``(a) In General.--The Secretary is authorized to establish the 
Security Officers Exchange Program. Under the program, the Secretary 
may assign a member of the Service, for not more than a total of three 
years, to a position with any country or international organization 
designated by the Secretary pursuant to subsection (c) that permits an 
employee to be assigned to a position with the Department.
    ``(b) Salary and Benefits.--The salary and benefits of the members 
of the Service shall be paid as described in subsection (b) of section 
503 during a period in which such officer is participating in the 
Security Officers Exchange Program. The salary and benefits of an 
employee of a designated country or international organization 
participating in such program shall be paid by such country or 
international organization during the period in which such employee is 
participating in the program.
    ``(c) Designation.--The Secretary may designate a country or 
international organization to participate in this program if the 
Secretary determines that such participation is in the national 
security interests of the United States.
    ``(d) Rule of Construction.--Nothing in this section shall be 
construed to--
            ``(1) authorize the appointment as an officer or employee 
        of the United States of--
                    ``(A) an individual whose allegiance is to any 
                country, government, or foreign or international entity 
                other than to the United States; or
                    ``(B) an individual who has not met the 
                requirements of sections 3331, 3332, 3333, and 7311 of 
                title 5, United States Code, and any other provision of 
                law concerning eligibility for appointment as, and 
                continuation of employment as, an officer or employee 
                of the United States; or
            ``(2) authorize the Secretary to assign a member of the 
        Service to a position with any foreign country whose laws, or 
        foreign or international entity whose rules, require such 
        member to give allegiance or loyalty to such country or entity 
        while assigned to such position.''
    (b) Technical and Conforming Amendment.--Section 2 of the Foreign 
Service Act of 1980 is amended, in the table of contents, by adding 
after the item relating to section 506 (as added by section 311(b)(2) 
of this Act) the following new item:

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

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

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

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

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

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

SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.

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

SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL.

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

SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNUITANTS.

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

SEC. 328. PERSONAL SERVICES CONTRACTORS.

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

SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.

    (a) Resources To Protect Intellectual Property Rights.--The 
Secretary of State shall ensure that the protection in foreign 
countries of the intellectual property rights of United States persons 
in other countries is a significant component of United States foreign 
policy in general and in relations with individual countries. The 
Secretary of State, in consultation with the Director General of the 
United States and Foreign Commercial Service and other agencies as 
appropriate, shall ensure that adequate resources are available at 
diplomatic missions in any country that is identified under section 
182(a)(1) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure--
            (1) support for enforcement action against violations of 
        the intellectual property rights of United States persons in 
        such country; and
            (2) cooperation with the host government to reform its 
        applicable laws, regulations, practices, and agencies to enable 
        that government to fulfill its international and bilateral 
        obligations with respect to intellectual property rights.
    (b) New Appointments.--The Secretary of State, in consultation with 
the Director General of the United States and Foreign Commercial 
Service, shall appoint 10 intellectual property attaches to serve in 
United States embassies or other diplomatic missions. The 10 
appointments shall be in addition to personnel serving, on the date of 
the enactment of this Act, in the capacity of intellectual property 
attaches from any department or agency of the United States at United 
States embassies or other diplomatic missions.
    (c) Priority Assignments.--
            (1) In general.--Subject to paragraph (2), in designating 
        the embassies or other missions to which attaches are assigned 
        under subsection (b), the Secretary of State shall give 
        priority to those countries where the activities of an attache 
        may be carried out with the greatest potential benefit to 
        reducing counterfeit and pirated products in the United States 
        market, to protecting the intellectual property rights of 
        United States persons and their licensees, and to protecting 
        the interests of United States persons otherwise harmed by 
        violations of intellectual property rights in those countries.
            (2) Assignments to priority countries.--In carrying out 
        paragraph (1), the Secretary of State shall consider assigning 
        intellectual property attaches--
                    (A) to the countries that have been identified 
                under section 182(a)(1) of the Trade Act of 1974 (19 
                U.S.C. 2242(a)(1)); and
                    (B) to the country where the Organization for 
                Economic Cooperation and Development has its 
                headquarters.
    (d) Duties and Responsibilities of Intellectual Property 
Attaches.--The intellectual property attaches appointed under 
subsection (b), as well as others serving as intellectual property 
attaches of any other department or agency of the United States, shall 
have the following responsibilities:
            (1) To promote cooperation with foreign governments in the 
        enforcement of intellectual property laws generally, and in the 
        enforcement of laws against counterfeiting and piracy in 
        particular.
            (2) To assist United States persons holding intellectual 
        property rights, and the licensees of such United States 
        persons, in their efforts to combat counterfeiting and piracy 
        of their products or works within the host country, including 
        counterfeit or pirated goods exported from or transshipped 
        through that country.
            (3) To chair an intellectual property protection task force 
        consisting of representatives from all other relevant sections 
        or bureaus of the embassy or other mission.
            (4) To coordinate with representatives of the embassies or 
        missions of other countries in information sharing, private or 
        public communications with the government of the host country, 
        and other forms of cooperation for the purpose of improving 
        enforcement against counterfeiting and piracy.
            (5) As appropriate and in accordance with applicable laws 
        and the diplomatic status of the attaches, to engage in public 
        education efforts against counterfeiting and piracy in the host 
        country.
            (6) To coordinate training and technical assistance 
        programs of the United States Government within the host 
        country that are aimed at improving the enforcement of laws 
        against counterfeiting and piracy.
            (7) To identify and promote other means to more effectively 
        combat counterfeiting and piracy activities under the 
        jurisdiction of the host country.
    (e) Training.--The Secretary of State shall ensure that each 
attache appointed under subsection (b) is fully trained for the 
responsibilities of the position before assuming duties at the United 
States embassy or other mission in question.
    (f) Coordination.--The activities of intellectual property attaches 
under this section shall be carried out in coordination with the United 
States Intellectual Property Enforcement Coordinator appointed under 
section 301 of the Prioritizing Resources and Organization for 
Intellectual Property Act of 2008 (15 U.S.C. 8111).
    (g) Report to Congress.--
            (1) In general.--The Secretary of State shall submit to the 
        Congress, not later than December 31 of each year, a report on 
        the appointment, designation for assignment, and activities of 
        all intellectual property attaches of any Federal department or 
        agency who are serving at United States embassies or other 
        diplomatic missions.
            (2) Contents.--Each report under paragraph (1) shall 
        include the following:
                    (A) A description of the progress, or lack thereof, 
                in the preceding year regarding the resolution of 
                general and specific intellectual property disputes in 
                each country identified under section 182(a)(1) of the 
                Trade Act of 1974 (19 U.S.C. 2242(a)(1)), including any 
                changes by the host government in applicable laws and 
                regulations and their enforcement.
                    (B) An assessment of the obstacles preventing the 
                host government of each country described in 
                subparagraph (A) from implementing adequate measures to 
                fulfill its international and bilateral obligations 
                with respect to intellectual property rights.
                    (C) An assessment of the adequacy of the resources 
                of the Department of State employed to carry out 
                subparagraphs (A) and (B) and, if necessary, an 
                assessment of the need for additional resources for 
                such purposes.
    (h) Definitions.--In this section:
            (1) Counterfeiting; counterfeit goods.--
                    (A) Counterfeiting.--The term ``counterfeiting'' 
                means activities related to production of or 
                trafficking in goods, including packaging, that bear a 
                spurious mark or designation that is identical to or 
                substantially indistinguishable from a mark or 
                designation protected under trademark laws or related 
                legislation.
                    (B) Counterfeit goods.--The term ``counterfeit 
                goods'' means those goods described in subparagraph 
                (A).
            (2) Intellectual property rights.--The term ``intellectual 
        property rights'' means the rights of holders of copyrights, 
        patents, trademarks, other forms of intellectual property, and 
        trade secrets.
            (3) Piracy; pirated goods.--
                    (A) Piracy.--The term ``piracy'' means activities 
                related to production of or trafficking in unauthorized 
                copies or phonorecords of works protected under 
                copyright law or related legislation.
                    (B) Pirated goods.--The term ``pirated goods'' 
                means those copies or phonorecords described in 
                subparagraph (A).
            (4) United states person.--The term ``United States 
        person'' means--
                    (A) any United States resident or national,
                    (B) any corporation, partnership, other business 
                entity, or other organization, that is organized under 
                the laws of the United States, and
                    (C) any foreign subsidiary or affiliate (including 
                any permanent foreign establishment) of any 
                corporation, partnership, business entity, or 
                organization described in subparagraph (B), that is 
                controlled in fact by such corporation, partnership, 
                business entity, or organization,
        except that such term does not include an individual who 
        resides outside the United States and is employed by an 
        individual or entity other than an individual or entity 
        described in subparagraph (A), (B), or (C).
    (i) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 101, there are authorized to be 
appropriated for each fiscal year such sums as may be necessary for the 
training and support of the intellectual property attaches appointed 
under subsection (b) and of other personnel serving as intellectual 
property attaches of any other department or agency of the United 
States.

SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSITION.

    (a) Statement of Policy.--In order for the Department of State to 
accurately represent all people in the United States, the Department 
must accurately reflect the diversity of the United States.
    (b) Report on Minority Recruitment.--Section 324 of the Foreign 
Relations Authorization Act, Fiscal Year 2003 (Public Law 107-228) is 
amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``On'' and inserting ``(a) Report 
                on Minority Groups and Women.--On'';
                    (B) by striking ``April 1, 2003, and April 1, 
                2004,'' and inserting ``April 1, 2010, and April 1, 
                2011,'';
            (2) in paragraphs (1) and (2), by striking ``minority 
        groups'' each place it appears and inserting ``minority groups 
        and women''; and
            (3) by adding at the end the following new subsection:
    ``(b) Development of Metrics To Evaluate Employment Composition.--
The report required by subsection (a) shall also include a description 
of the following:
            ``(1) The ability of current recruitment, advancement, and 
        retention practices to attract and maintain a diverse pool of 
        qualified individuals in sufficient numbers throughout the 
        Department, including in the Cooperative Education Program 
        (also known as the `Student Career Experience Program').
            ``(2) Efforts to develop a uniform definition, to be used 
        throughout the Department, of diversity that is congruent with 
        the core values and vision of the Department for the future 
        workforce.
            ``(3) The existence of additional metrics and milestones 
        for evaluating the diversity plans of the Department, including 
        the Foreign Service and Senior Foreign Service, and for 
        facilitating future evaluation and oversight.''.
    (c) Public Availability.--Each report required under section 324 of 
the Foreign Relations Authorization Act, Fiscal Year 2003, as amended 
by subsection (b) of this section, shall be made available to the 
public on the website of the Department of State not later than 15 days 
after the submission to Congress of each such report.
    (d) GAO Review.--The Comptroller General of the United States, in 
consultation with the appropriate congressional committees, shall 
conduct a review of the employment composition, recruitment, 
advancement, and retention policies of the Department of State for 
women and minority groups, including the information in the reports 
required under section 324 of the Foreign Relations Authorization Act, 
Fiscal Year 2003, as amended by subsection (b) of this section.
    (e) Acquisition.--Section 324 of the Foreign Relations 
Authorization Act, Fiscal Year 2003, as amended by subsection (b) of 
this section, is further amended by adding at the end the following new 
subsection:
    ``(c) For the immediately preceding 12-month period for which the 
information referred to in subsection (a) is available--
            ``(1) the numbers and percentages of small, minority-owned, 
        or disadvantaged businesses that provide goods and services to 
        the Department as a result of contracts with the Department 
        during such period;
            ``(2) the total number of such contracts;
            ``(3) the total dollar value of such contracts; and
            ``(4) and the percentage value represented by such contract 
        proportionate to the total value of all contracts held by the 
        Department.''.
    (f) Use of Funds.--The provisions of section 325 of the Foreign 
Relations Authorization Act, Fiscal Year 2003 shall apply to funds 
authorized to be appropriated under section 101 of this Act.

SEC. 331. CONTRACTING.

    None of the funds authorized to be appropriated by this Act, for 
projects initiated after the date of the enactment of this Act, may be 
used by the Department of State to enter into any Federal contract 
unless such contract is entered into in accordance with title III of 
the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 
251 et seq.) and the Federal Acquisition Regulation, unless such 
contract is otherwise authorized by statute to be entered into without 
regard to such Act and regulation.

SEC. 332. LEGISLATIVE LIAISON OFFICE OF THE DEPARTMENT OF STATE.

    (a) Report on Improving Effectiveness of Department of State 
Legislative Liaison Office.--Not later than six months after the date 
of the enactment of this Act, the Secretary of State shall submit to 
the Committee on Foreign Affairs and the Committee on House 
Administration of the House of Representatives and the Committee on 
Foreign Relations and the Committee on Rules and Administration of the 
Senate a report on the mission and effectiveness of the existing 
Department of State legislative liaison office.
    (b) Report Considerations.--The report required by subsection (a) 
shall consider--
            (1) whether the legislative liaison office has sufficient 
        resources necessary to communicate to Members of Congress, 
        committees, and their staffs the goals and missions of the 
        Department of State;
            (2) whether current space within the office buildings of 
        the House of Representatives as well as requested space within 
        the office buildings of the Senate is sufficient to meet the 
        mission of the legislative liaison office;
            (3) whether current representational allowances are 
        sufficient to allow the legislative liaison office to meet its 
        mission; and
            (4) the feasibility of increasing personnel numbers in the 
        legislative liaison office, including senior Foreign Service 
        Officers.

SEC. 333. DISCRIMINATION RELATED TO SEXUAL ORIENTATION.

    (a) Partner Benefits.--
            (1) In general.--For purposes of the Foreign Service Act of 
        1980 and any other applicable provision of law, persons covered 
        by section 511.3 of volume 14 of the Foreign Affairs Manual 
        shall be deemed to include the same-sex domestic partner of a 
        member of the Foreign Service (including an individual serving 
        in the Foreign Service on a temporary basis as a limited 
        noncareer appointee during the period in which such individual 
        is so serving). This subsection shall apply to employees of the 
        Peace Corps who are appointed as members of the Foreign Service 
        in the same manner as this subsection and such section 511.3 
        applies to such members of the Foreign Service who are 
        described in the preceding sentence. The Secretary of State 
        shall promulgate new regulations to implement this section, 
        including criteria to certify the eligibility for the same-sex 
        domestic partner of a Foreign Service officer for benefits 
        under this section.
            (2) Certification of eligibility.--In order to obtain 
        benefits and assume obligations under this Act, a member of the 
        Foreign Service shall file an affidavit of eligibility for 
        benefits and obligations with the Secretary of State 
        identifying the domestic partner of such member and certifying 
        that such member and the domestic partner of such member--
                    (A) are each other's sole domestic partner and 
                intend to remain so indefinitely;
                    (B) are at least 18 years of age and mentally 
                competent to consent to contract;
                    (C) share responsibility for a significant measure 
                of each other's common welfare and financial 
                obligations;
                    (D) are not married to or domestic partners with 
                anyone else; and
                    (E) are same sex domestic partners, and not related 
                in a way that, if the two individuals were of opposite 
                sex, would prohibit legal marriage in the State in 
                which they reside.
    (b) Tracking Violence or Criminalization Related to Sexual 
Orientation.--The Assistant Secretary for Democracy, Human Rights and 
Labor shall designate a Bureau-based officer or officers who shall be 
responsible for tracking violence, criminalization, and restrictions on 
the enjoyment of fundamental freedoms, consistent with United States 
law, in foreign countries based on actual or perceived sexual 
orientation and gender identity.
    (c) International Efforts To Revise Laws Criminalizing 
Homosexuality.--In keeping with the Administration's endorsement of 
efforts by the United Nations to decriminalize homosexuality in member 
states, the Secretary of State shall work though appropriate United 
States Government employees at United States diplomatic and consular 
missions to encourage the governments of other countries to reform or 
repeal laws of such countries criminalizing homosexuality or consensual 
homosexual conduct, or restricting the enjoyment of fundamental 
freedoms, consistent with United States law, by homosexual individuals 
or organizations.
    (d) Annual Country Reports on Human Rights Practices.--The Foreign 
Assistance Act of 1961 is amended--
            (1) in section 116(d) (22 U.S.C. 2151n(d))--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11)--
                            (i) in subparagraph (B), by striking 
                        ``and'' at the end; and
                            (ii) in subparagraph (C), by striking the 
                        period at the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(12) wherever applicable, violence or discrimination that 
        affects the fundamental freedoms, consistent with United States 
        law, of an individual in foreign countries that is based on 
        actual or perceived sexual orientation and gender identity.''; 
        and
            (2) in section 502B(b) (22 U.S.C. 2304(b)), by inserting 
        after the eighth sentence the following new sentence: 
        ``Wherever applicable, violence or discrimination that affects 
        the fundamental freedoms, consistent with United States law, of 
        an individual in foreign countries that is based on actual or 
        perceived sexual orientation and gender identity.''.
    (e) Training for Foreign Service Officers.--Section 708(a) of the 
Foreign Service Act of 1980 (22 16 U.S.C. 4028(a)) is amended--
            (1) in the matter preceding paragraph (1), by inserting 
        ``the Secretary for Democracy, Human Rights and Labor,'' before 
        ``Ambassador at Large'';
            (2) in paragraph (2), by striking ``and'' at the end;
            (3) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (4) by adding at the end the end the following new 
        paragraph:
            ``(4) instruction, in courses covering human rights 
        reporting and advocacy work, on identifying violence or 
        discrimination that affects the fundamental freedoms, 
        consistent with United States law, of an individual that is 
        based on actual or perceived sexual orientation and gender 
        identity.''.

SEC. 334. OFFICE FOR GLOBAL WOMEN'S ISSUES.

    (a) Establishment.--There is established an Office for Global 
Women's Issues (in this section referred to as the ``Office'') in the 
Office of the Secretary of State in the Department of State. The Office 
shall be headed by the Ambassador-at-Large (in this section referred to 
as the ``Ambassador''), who shall be appointed by the President, by and 
with the advice and consent of the Senate. The Ambassador shall report 
directly to the Secretary of State.
    (b) Purpose.--The Office shall coordinate efforts of the United 
States Government regarding gender integration and women's empowerment 
in United States foreign policy.
    (c) Duties.--
            (1) In general.--The Ambassador shall--
                    (A) coordinate and advise on activities, policies, 
                programs, and funding relating to gender integration 
                and women's empowerment internationally for all bureaus 
                and offices of the Department of State and in the 
                international programs of other United States 
                Government departments and agencies;
                    (B) design, support, and as appropriate, implement, 
                limited projects regarding women's empowerment 
                internationally;
                    (C) actively promote and advance the full 
                integration of gender analysis into the programs, 
                structures, processes, and capacities of all bureaus 
                and offices of the Department of State and in the 
                international programs of other United States 
                Government departments and agencies; and
                    (D) direct, as appropriate, United States 
                Government resources to respond to needs for gender 
                integration and women's empowerment in United States 
                Government foreign policies and international programs.
            (2) Coordinating role.--The Ambassador shall coordinate 
        with the United States Agency for International Development and 
        the Millennium Challenge Corporation on all policies, programs, 
        and funding of such agencies relating to gender integration and 
        women's empowerment.
            (3) Diplomatic representation.--Subject to the direction of 
        the President and the Secretary of State, the Ambassador is 
        authorized to represent the United States in matters relevant 
        to the status of women internationally.
    (d) Reporting.--The heads of all bureaus and offices of the 
Department of State, as appropriate, shall evaluate and monitor all 
women's empowerment programs administered by such bureaus and offices 
and annually submit to the Ambassador a report on such programs and on 
policies and practices to integrate gender.
    (e) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated under section 101, there are authorized to be 
appropriated such sums as may be necessary for each of fiscal years 
2010 and 2011 to carry out activities under this section. Funds 
appropriated pursuant to this subsection shall be under the direct 
control of the Ambassador.

                 TITLE IV--INTERNATIONAL ORGANIZATIONS

                  Subtitle A--International Leadership

SEC. 401. SHORT TITLE.

    This subtitle may be cited as the ``United States International 
Leadership Act of 2009''.

SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS.

    (a) Promotions.--
            (1) In general.--Section 603(b) of the Foreign Service Act 
        of 1980 (22 U.S.C. 4003) is amended, in the second sentence, by 
        inserting before the period at the end the following: ``, and 
        should consider whether the member of the Service has served in 
        a position whose primary responsibility is to formulate policy 
        toward, or represent the United States at, an international 
        organization, a multilateral institution, or a broad-based 
        multilateral negotiation of an international instrument''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect on the date of the enactment of this Act and 
        shall apply to members of the Foreign Service beginning on 
        January 1, 2015.
    (b) Establishment of a Multilateral Diplomacy Cone in the Foreign 
Service.--
            (1) Findings.--Congress finds the following:
                    (A) The Department of State maintains a number of 
                United States missions both within the United States 
                and abroad that are dedicated to representing the 
                United States to international organizations and 
                multilateral institutions, including missions in New 
                York, Brussels, Geneva, Rome, Montreal, Nairobi, 
                Vienna, and Paris.
                    (B) In offices at the Harry S. Truman Building, the 
                Department maintains a significant number of positions 
                in bureaus that are either dedicated, or whose primary 
                responsibility is, to represent the United States to 
                such organizations and institutions or at multilateral 
                negotiations.
                    (C) Given the large number of positions in the 
                United States and abroad that are dedicated to 
                multilateral diplomacy, the Department of State may be 
                well served in developing persons with specialized 
                skills necessary to become experts in this unique form 
                of diplomacy.
            (2) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of State shall submit to 
        the appropriate congressional committees a report--
                    (A) evaluating whether a new cone should be 
                established for the Foreign Service that concentrates 
                on members of the Service who serve at international 
                organizations and multilateral institutions or are 
                primarily responsible for participation in broad-based 
                multilateral negotiations of international instruments; 
                and
                    (B) that provides alternative mechanisms for 
                achieving the objective of developing a core group of 
                United States diplomats and other Government employees 
                who have expertise and broad experience in conducting 
                multilateral diplomacy.

SEC. 403. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL 
              NEGOTIATIONS.

    (a) Establishment of Office.--The Secretary of State is authorized 
to establish, within the Bureau of International Organization Affairs, 
an Office on Multilateral Negotiations, to be headed by a Special 
Representative for Multilateral Negotiations (in this section referred 
to as the ``Special Representative'').
    (b) Appointment.--If the office referred to in subsection (a) is 
established, the Special Representative shall be appointed by the 
President by and with the advice and consent of the Senate and shall 
have the rank of Ambassador-at-Large. At the discretion of the 
President another official at the Department may serve as the Special 
Representative. The President may direct that the Special 
Representative report to the Assistant Secretary for International 
Organization Affairs.
    (c) Staffing.--The Special Representative shall have a staff of 
Foreign Service and civil service officers skilled in multilateral 
diplomacy.
    (d) Duties.--The Special Representative shall have the following 
responsibilities:
            (1) In general.--The primary responsibility of the Special 
        Representative shall be to assist in the organization of, and 
        preparation for, United States participation in multilateral 
        negotiations, including the advocacy efforts undertaken by the 
        Department of State and other United States agencies.
            (2) Advisory role.--The Special Representative shall advise 
        the President and the Secretary of State, as appropriate, 
        regarding advocacy at international organizations and 
        multilateral institutions and negotiations and, in coordination 
        with the Assistant Secretary for International Organization 
        Affairs, shall make recommendations regarding--
                    (A) effective strategies and tactics to achieve 
                United States policy objectives at multilateral 
                negotiations;
                    (B) the need for and timing of high level 
                intervention by the President, the Secretary of State, 
                the Deputy Secretary of State, and other United States 
                officials to secure support from key foreign government 
                officials for the United States position at such 
                organizations, institutions, and negotiations;
                    (C) the composition of United States delegations to 
                multilateral negotiations; and
                    (D) liaison with Congress, international 
                organizations, nongovernmental organizations, and the 
                private sector on matters affecting multilateral 
                negotiations.
            (3) Leadership and membership of international 
        organizations.--The Special Representative, in coordination 
        with the Assistant Secretary of International Organization 
        Affairs, shall direct the efforts of the United States 
        Government to reform the criteria for leadership and membership 
        of international organizations.
            (4) Participation in multilateral negotiations.--The 
        Special Representative, or members of the Special 
        Representative's staff, may, as required by the President or 
        the Secretary of State, serve on a United States delegation to 
        any multilateral negotiation.

SEC. 404. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO 
              INTERNATIONAL ORGANIZATIONS.

    Not later than 180 days after the date of the enactment of this 
Act, the President shall transmit to the appropriate congressional 
committees a plan on the implementation of section 404 of the Foreign 
Relations Authorization Act of 2003 (Public Law 107-228; relating to a 
resumption by the United States of the payment of its full 
contributions to certain international organizations at the beginning 
of each calendar year).

SEC. 405. UNITED STATES ARREARAGES TO THE UNITED NATIONS.

    In addition to amounts otherwise available for the payment of 
Assessed Contributions to International Organizations and Contributions 
for International Peacekeeping Activities, there is authorized to be 
appropriated such sums as may be necessary to pay all United States 
arrearages in payments to the United Nations recognized by the United 
States.

                     Subtitle B--General Provisions

SEC. 411. ORGANIZATION OF AMERICAN STATES.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) multilateral diplomacy in the context of the Americas 
        has suffered considerably in the past decade, to the direct 
        detriment of the national interest of the United States in the 
        region;
            (2) given the recent proliferation of multilateral 
        groupings in the Americas region in which the United States in 
        not a member, it is imperative to focus on and promote United 
        States diplomatic efforts in the Organization of American 
        States (OAS), where the United States is a founding member and 
        whose central tenets include democratic values considered vital 
        for this region;
            (3) it is critical for the United States to immediately re-
        establish its unique leadership voice in this region and 
        specifically in the OAS setting; and
            (4) an effective way to help achieve this short term 
        objective is to establish a fund to promote multilateral 
        interests of the United States in the region.
    (b) Multilateral Fund.--
            (1) In general.--There is hereby established in the 
        Department of State a Fund to Promote Multilateralism in the 
        Americas (referred to in this section as the ``Fund'').
            (2) Activities supported.--The Fund shall support 
        activities that promote the multilateral interests of the 
        United States in the Americas region, including--
                    (A) United States diplomatic activities within and 
                related to the OAS;
                    (B) voluntary contributions to entities and organs 
                of the OAS to carry out programs and activities that 
                support the interests of the United States;
                    (C) outreach and cultural activities;
                    (D) conferences; and
                    (E) general advocacy for United States interests.
    (c) Administration.--The Fund shall be administered by the United 
States Mission to the Organization of American States, as directed by 
the United States Permanent Representative to the OAS, for use on 
matters that arise in the context of the OAS.
    (d) Authorization.--Of the amounts authorized to be appropriated 
for the Administration of Foreign Affairs pursuant to section 101, 
there is authorized to be appropriated $2,000,000 for each of fiscal 
years 2010 and 2011 only to carry out this section.

SEC. 412. PEACEKEEPING OPERATIONS CONTRIBUTIONS.

    Section 404(b)(2)(B) of the Foreign Relations Authorization Act, 
Fiscal Years 1994 and 1995 (Public Law 103-236) (22 U.S.C. 287e note) 
is amended at the end by adding the following new clause:
    ``(vi) For assessments made during calendar years 2009, 2010, and 
2011, 27.1 percent.''.

SEC. 413. PACIFIC ISLANDS FORUM.

    It is the sense of Congress that the Secretary of State should work 
with the Pacific Islands Forum to find appropriate affiliations for 
representatives of American Samoa, Guam, and the Commonwealth of the 
Northern Mariana Islands.

SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COMMISSIONS.

    (a) In General.--Not later than one year after the date of the 
enactment of this Act and two years thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report on 
the activities of each of the commissions specified in subsections (a), 
(b), and (c) of section 103.
    (b) Report Elements.--The reports required under subsection (a) 
shall include information concerning the following:
            (1) Amounts obligated and expended during the two previous 
        fiscal years by each of such commissions.
            (2) A description of the projects carried out during such 
        years by each of such commissions and a description of the 
        management and implementation of such projects, including the 
        use of private contractors.
            (3) Projects anticipated during the next two fiscal years 
        related to the activities of each of such commissions because 
        of obligations that the United States has entered into based on 
        any treaty between the United States and another country.
    (c) Submission of the Reports.--The reports may be combined with 
the annual budget justification submitted by the President in 
accordance with section 1105(a) of title 31, United States Code.

SEC. 415. ENHANCING NUCLEAR SAFEGUARDS.

    (a) Findings.--Congress makes the following findings:
            (1) The Treaty on the Non-Proliferation of Nuclear Weapons, 
        done at Washington, London, and Moscow July 1, 1968, and 
        entered into force March 5, 1970 (commonly known as the 
        ``Nuclear Non-Proliferation Treaty'' or ``NPT'') and the 
        safeguards system of the International Atomic Energy Agency 
        (IAEA) are indispensable to international peace and security.
            (2) Congress has long supported efforts aimed at effective 
        and efficient assurances of nuclear fuel supply, the 
        strengthening of IAEA safeguards, and assistance to the 
        developing world for nuclear and non-nuclear energy sources, as 
        embodied in the Nuclear Non-Proliferation Act of 1978 (22 
        U.S.C. 3201 et seq.).
            (3) According to some experts, global energy demand will 
        grow by 50 percent in the next 20 years, predominantly in the 
        developing world.
            (4) The Government Accountability Office (GAO) stated in 
        testimony before Congress in September 2006 that ``while IAEA 
        is increasingly relying on the analytical skills of its staff 
        to detect countries'' undeclared nuclear activities, the agency 
        is facing a looming human capital crisis.
            (5) The Director General of the IAEA told the Board of 
        Governors of the IAEA in March 2009 that the ``deteriorating 
        conditions in our laboratories, for example, threaten both our 
        ability to deliver our programmed, as well as our independent 
        analytical capability''.
            (6) Considerable investment is needed for the IAEA's 
        Safeguards Analytical Laboratory (SAL), to meet future IAEA 
        requirements as its workload is growing, the laboratory's 
        infrastructure is aging, and IAEA requirements have become more 
        demanding, and while initial plans have been made for 
        laboratory enhancement and are currently pending budgetary 
        approval (sometime in 2009), the simple fact is that, as more 
        countries implement IAEA safeguards, many more nuclear samples 
        come to SAL for analysis.
            (7) The existing funding, planning, and execution of IAEA 
        safeguards is not sufficient to meet the predicted growth in 
        the future of civilian nuclear power, and therefore any growth 
        in civilian nuclear power must be evaluated against the 
        challenges it poses to verification of the assurances of peace 
        and security provided by the IAEA safeguards system.
    (b) Authorization of Appropriations.--There is authorized to be 
appropriated $10,000,000 for the refurbishment or possible replacement 
of the IAEA's Safeguards Analytical Laboratory.
    (c) Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall submit to the 
Committee on Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report on the 
refurbishment or possible replacement of the IAEA's Safeguards 
Analytical Laboratory pursuant to subsection (b).

           TITLE V--UNITED STATES INTERNATIONAL BROADCASTING

SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL 
              BROADCASTING.

    The following amounts are authorized to be appropriated to carry 
out United States international broadcasting activities under the 
United States Information and Educational Exchange Act of 1948, the 
Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba 
Act, the United States International Broadcasting Act of 1994, and the 
Foreign Affairs Reform and Restructuring Act of 1998, and to carry out 
other authorities in law consistent with such purposes:
            (1) For ``International Broadcasting Operations'', 
        $732,187,000 for fiscal year 2010 and such sums as may be 
        necessary for fiscal year 2011.
            (2) For ``Broadcasting Capital Improvements'', $13,263,000 
        for fiscal year 2010 and such sums as may be necessary for 
        fiscal year 2011.

SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM.

    Section 504 of the Foreign Relations Authorization Act, Fiscal Year 
2003, (Public Law 107-228; 22 U.S.C. 6206 note), is amended--
            (1) in the section heading, by striking ``pilot'';
            (2) in subsection (a)--
                    (A) by striking ``pilot''; and
                    (B) adding at the end the following new sentence: 
                ``An individual hired as a personal service contractor 
                pursuant to this section shall not, by virtue of such 
                hiring, be considered to be an employee of the United 
                States Government for purposes of any law administered 
                by the Office of Personnel Management.'';
            (3) in subsection (b)--
                    (A) in paragraph (4), by striking ``60'' and 
                inserting ``200''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(5) The annual salary rate for personal services 
        contractors may not exceed the rate for level IV of the 
        Executive Schedule.''; and
            (4) in subsection (c), by striking ``2009'' and inserting 
        ``2011''.

SEC. 503. RADIO FREE EUROPE/RADIO LIBERTY PAY PARITY.

    Section 308(h)(1)(C) of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)(C)) is amended--
            (1) by inserting ``and one employee abroad'' after 
        ``D.C.'';
            (2) by striking ``III'' and inserting ``II''; and
            (3) by striking ``5314'' and inserting ``5313''.

SEC. 504. EMPLOYMENT FOR INTERNATIONAL BROADCASTING.

    Section 804(1) of the United States Information and Educational 
Exchange Act of 1948 (22 U.S.C. 1474(1)) is amended by inserting after 
``suitably qualified United States citizens'' the following: ``(for 
purposes of this paragraph, the term `suitably qualified United States 
citizens' means those United States citizen applicants who are equally 
or better qualified than non-United States citizen applicants)''.

SEC. 505. DOMESTIC RELEASE OF THE VOICE OF AMERICA FILM ENTITLED ``A 
              FATEFUL HARVEST''.

    (a) In General.--Notwithstanding section 208 of the Foreign 
Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 
1461-1a) and section 501(b) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1461(b)), the Director of 
the International Broadcasting Bureau shall provide a master copy of 
the film entitled ``A Fateful Harvest'' to the Archivist of the United 
States for domestic release in accordance with subsection (b).
    (b) Domestic Release.--Upon evidence that necessary United States 
rights and licenses have been secured by the person seeking domestic 
release of the film referred to in subsection (a), the Archivist 
shall--
            (1) deposit the film in the National Archives of the United 
        States; and
            (2) make copies of the film available for purchase and 
        public viewing within the United States.

SEC. 506. ESTABLISHING PERMANENT AUTHORITY FOR RADIO FREE ASIA.

    Section 309 of the United States International Broadcasting Act of 
1994 (22 U.S.C. 6208) is amended--
            (1) in subsection (c)(2), by striking ``, and shall further 
        specify that funds to carry out the activities of Radio Free 
        Asia may not be available after September 30, 2010'';
            (2) by striking subsection (f); and
            (3) by redesignating subsections (g) and (h) as subsection 
        (f) and (g), respectively.

                         TITLE VI--PEACE CORPS

SEC. 601. FINDINGS; STATEMENT OF POLICY.

    (a) Findings.--Congress finds the following:
            (1) On October 14, 1960, then Senator John F. Kennedy 
        addressed students on the steps of the University of Michigan 
        Union to enlist their effort to make the world a better place 
        by serving their country abroad.
            (2) On March 1, 1961, then President John F. Kennedy signed 
        an Executive Order establishing a Peace Corps that was 
        ``designed to permit our people to exercise more fully their 
        responsibilities in the great common cause of world 
        development''.
            (3) Since its establishment, the Peace Corps has been 
        guided by its mission to promote world peace and friendship and 
        has sought to fulfill the following three goals:
                    (A) To help the people of interested countries in 
                meeting their needs for trained men and women.
                    (B) To promote a better understanding of Americans 
                on the part of the peoples served.
                    (C) To help promote a better understanding of other 
                peoples on the part of Americans.
            (4) Over the last 48 years, nearly 200,000 Peace Corps 
        volunteers have served in 139 countries.
            (5) The Peace Corps is the world's premier international 
        service organization dedicated to promoting sustainable 
        grassroots development by working with host communities in the 
        areas of agriculture, business development, education, the 
        environment, health and HIV/AIDS, and youth.
            (6) The Peace Corps remains committed to sending well 
        trained and well supported Peace Corps volunteers overseas to 
        promote peace, friendship, cross-cultural awareness, and mutual 
        understanding between the United States and other countries. 
        The Peace Corps has an impressive record of engendering good 
        will through the service that American volunteers provide.
            (7) Recognizing the Peace Corps' unique and effective role 
        in promoting volunteer service by American citizens, President 
        Obama and Vice President Biden announced their intent to double 
        the size of Peace Corps in an expeditious and effective manner.
            (8) Over 13,000 Americans applied in 2008 to volunteer 
        their service to serve the world's poorest communities in the 
        Peace Corps, a 16 percent increase over the nearly 11,000 
        applications received in 2007.
            (9) Under current funding levels, the Peace Corps is able 
        to provide new placements for only one-third of the American 
        applicants seeking the opportunity to serve their country and 
        the world. At the end of fiscal year 2008, there were nearly 
        8,000 Peace Corps volunteers serving in 76 countries around the 
        world.
    (b) Statement of Policy.--It is the policy of the United States 
to--
            (1) double the number of Peace Corps volunteers and 
        strengthen and improve the Peace Corps and its programs;
            (2) improve the coordination of Peace Corps programs with 
        development programs of other Federal departments and agencies, 
        without diminishing the independence of the Peace Corps; and
            (3) promote all types of volunteerism by Americans in the 
        developing world.

SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT.

    (a) Peace Corps Response Program.--The Peace Corps Act (22 U.S.C. 
2501 et seq.) is amended by inserting after section 5 the following new 
section:

``SEC. 5A. PEACE CORPS RESPONSE PROGRAM.

    ``The Director of the Peace Corps is authorized to establish a 
special program that assigns returned Peace Corps volunteers or other 
volunteers to provide short-term development or other relief assistance 
or to otherwise be assigned or made available to any entity referred to 
in subsection (a)(1) of section 10. The term of such service shall be 
less than the term of service of a volunteer under section 5. Except to 
the extent determined necessary and appropriate by the Director, the 
program established under this section may not cause a diminution in 
the number or quality of projects or volunteers assigned to longer term 
assignments under section 5.''
    (b) Coordination of Peace Corps Programs.--Paragraph (2) of section 
4(c) of the Peace Corps Act (22 U.S.C. 2503(c)) is amended to read as 
follows:
            ``(2) The Director of the Peace Corps shall, as appropriate 
        and to the maximum extent practicable without diminishing any 
        program or operational independence, work with the heads of 
        Federal departments and agencies to identify synergies and 
        avoid duplication of efforts with Peace Corps programs in the 
        field and at headquarters.''.
    (c) Volunteer Leaders.--Section 6 (22 U.S.C. 2505) of the Peace 
Corps Act is amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``and the term'' and inserting 
                ``the term''; and
                    (B) by inserting before the colon the following: 
                ``, and the term `partner' means an individual 
                identified in good faith by a volunteer leader as the 
                long-term or committed same-sex partner of such 
                volunteer leader''; and
            (2) in paragraphs (2), (3), and (4), by inserting ``, 
        partners,'' after ``spouses'' each place it appears.
    (d) Readjustment Allowance.--Subsection (c) of section 5 of the 
Peace Corps Act (22 U.S.C. 2504(c)) is amended, in the first sentence, 
by striking ``$125'' and inserting ``$225''.
    (e) Authorization of Appropriations.--Section 3(b)(1) of the Peace 
Corps Act (22 U.S.C. 2502(b)(1)) is amended by striking 
``$270,000,000'' and all that follows through the period at the end and 
inserting the following: ``$400,000,000 for fiscal year 2010 and 
$450,000,000 for fiscal year 2011.''.

SEC. 603. REPORT.

    (a) Peace Corps Response Program Report.--Not later than one year 
after the date of the enactment of this Act, the Director of the Peace 
Corps shall submit to the appropriate congressional committees a report 
on the Peace Corps Response Program or any similar program developed 
under in accordance with section 5A of the Peace Corps Act (as added by 
section 602(a) of this Act), including information on the following:
            (1) The achievements and challenges of the Peace Corps 
        Response Program or any similar program since its inception as 
        the Peace Corps Crisis Corps in 1996.
            (2) The goals, objectives, program areas, and growth 
        projections for the Peace Corps Response Program or any similar 
        program from fiscal year 2010 through fiscal year 2011.
            (3) The process and standards for selecting partner 
        organizations and projects for the Peace Corps Response Program 
        or any similar program.
            (4) The standards and requirements used to select 
        volunteers for service under the Peace Corps Response Program 
        or any similar program.
            (5) The measures used to evaluate projects of the Peace 
        Corps Response Program or any similar program and the 
        effectiveness of volunteers assigned to such Program or similar 
        program at achieving identified objectives.
    (b) Annual Reports.--Not later than one year after the date of the 
enactment of this Act and annually thereafter, the Director of the 
Peace Corps shall submit to the appropriate congressional committees a 
report on progress made in carrying out this section, including efforts 
to strengthen coordination between the Peace Corps and other Federal 
departments and agencies carrying out development assistance programs 
(as required under paragraph (2) of section 4(c) of the Peace Corps Act 
(22 U.S.C. 2503(c)), as amended by section 602(b) of this Act).

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

SEC. 701. SHORT TITLE.

    This Act may be cited as the ``Senator Paul Simon Study Abroad 
Foundation Act of 2009''.

SEC. 702. FINDINGS.

    Congress makes the following findings:
            (1) According to former President George W. Bush, 
        ``America's leadership and national security rest on our 
        commitment to educate and prepare our youth for active 
        engagement in the international community.''.
            (2) According to former President William J. Clinton, 
        ``Today, the defense of United States interests, the effective 
        management of global issues, and even an understanding of our 
        Nation's diversity require ever-greater contact with, and 
        understanding of, people and cultures beyond our borders.''.
            (3) Congress authorized the establishment of the Commission 
        on the Abraham Lincoln Study Abroad Fellowship Program pursuant 
        to section 104 of the Miscellaneous Appropriations and Offsets 
        Act, 2004 (division h of Public Law 108-199). Pursuant to its 
        mandate, the Lincoln Commission has submitted to Congress and 
        the President a report of its recommendations for greatly 
        expanding the opportunity for students at institutions of 
        higher education in the United States to study abroad, with 
        special emphasis on studying in developing nations.
            (4) According to the Lincoln Commission, ``[s]tudy abroad 
        is one of the major means of producing foreign language 
        speakers and enhancing foreign language learning'' and, for 
        that reason, ``is simply essential to the [N]ation's 
        security.''.
            (5) Studies consistently show that United States students 
        score below their counterparts in other advanced countries on 
        indicators of international knowledge. This lack of global 
        literacy is a national liability in an age of global trade and 
        business, global interdependence, and global terror.
            (6) Americans believe that it is important for their 
        children to learn other languages, study abroad, attend a 
        college where they can interact with international students, 
        learn about other countries and cultures, and generally be 
        prepared for the global age.
            (7) In today's world, it is more important than ever for 
        the United States to be a responsible, constructive leader that 
        other countries are willing to follow. Such leadership cannot 
        be sustained without an informed citizenry with significant 
        knowledge and awareness of the world.
            (8) Study abroad has proven to be a very effective means of 
        imparting international and foreign language competency to 
        students.
            (9) In any given year, only approximately one percent of 
        all students enrolled in United States institutions of higher 
        education study abroad.
            (10) Less than 10 percent of the students who graduate from 
        United States institutions of higher education with bachelors 
        degrees have studied abroad.
            (11) Far more study abroad must take place in developing 
        countries. Ninety-five percent of the world's population growth 
        over the next 50 years will occur outside of Europe, yet in the 
        academic year 2004-2005, 60 percent of United States students 
        studying abroad studied in Europe, and 45 percent studied in 
        four countries--the United Kingdom, Italy, Spain, and France.
            (12) The Final Report of the National Commission on 
        Terrorist Attacks Upon the United States (the 9/11 Commission 
        Report) recommended that the United States increase support for 
        ``scholarship, exchange, and library programs''. The 9/11 
        Public Discourse Project, successor to the 9/11 Commission, 
        noted in its November 14, 2005, status report that this 
        recommendation was ``unfulfilled,'' and stated that ``[t]he 
        U.S. should increase support for scholarship and exchange 
        programs, our most powerful tool to shape attitudes over the 
        course of a generation.''. In its December 5, 2005, Final 
        Report on the 9/11 Commission Recommendations, the 9/11 Public 
        Discourse Project gave the government a grade of ``D'' for its 
        implementation of this recommendation.
            (13) Investing in a national study abroad program would 
        help turn a grade of ``D'' into an ``A'' by equipping United 
        States students to communicate United States values and way of 
        life through the unique dialogue that takes place among 
        citizens from around the world when individuals study abroad.
            (14) An enhanced national study abroad program could help 
        further the goals of other United States Government initiatives 
        to promote educational, social, and political reform and the 
        status of women in developing and reforming societies around 
        the world, such as the Middle East Partnership Initiative.
            (15) To complement such worthwhile Federal programs and 
        initiatives as the Benjamin A. Gilman International Scholarship 
        Program, the National Security Education Program, and the 
        National Security Language Initiative, a broad-based 
        undergraduate study abroad program is needed that will make 
        many more study abroad opportunities accessible to all 
        undergraduate students, regardless of their field of study, 
        ethnicity, socio-economic status, or gender.
            (16) To restore America's standing in the world, President 
        Barack Obama has said that he will call on our nation's 
        greatest resource, our people, to reach out to and engage with 
        other nations.

SEC. 703. PURPOSES.

    The purposes of this title are--
            (1) to significantly enhance the global competitiveness and 
        international knowledge base of the United States by ensuring 
        that more United States students have the opportunity to 
        acquire foreign language skills and international knowledge 
        through significantly expanded study abroad;
            (2) to enhance the foreign policy capacity of the United 
        States by significantly expanding and diversifying the talent 
        pool of individuals with non-traditional foreign language 
        skills and cultural knowledge in the United States who are 
        available for recruitment by United States foreign affairs 
        agencies, legislative branch agencies, and nongovernmental 
        organizations involved in foreign affairs activities;
            (3) to ensure that an increasing portion of study abroad by 
        United States students will take place in nontraditional study 
        abroad destinations such as the People's Republic of China, 
        countries of the Middle East region, and developing countries; 
        and
            (4) to create greater cultural understanding of the United 
        States by exposing foreign students and their families to 
        United States students in countries that have not traditionally 
        hosted large numbers of United States students.

SEC. 704. DEFINITIONS.

    In this title:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate.
            (2) Board.--The term ``Board'' means the Board of Directors 
        of the Foundation established pursuant to section 705(d).
            (3) Chief executive officer.--The term ``Chief Executive 
        Officer'' means the chief executive officer of the Foundation 
        appointed pursuant to section 705(c).
            (4) Foundation.--The term ``Foundation'' means the Senator 
        Paul Simon Study Abroad Foundation established by section 
        705(a).
            (5) Institution of higher education.--The term 
        ``institution of higher education'' has the meaning given the 
        term in section 101(a) of the Higher Education Act of 1965 (20 
        U.S.C. 1001(a)).
            (6) National of the united states.--The term ``national of 
        the United States'' means a national of the United States or an 
        alien lawfully admitted for permanent residence (as those terms 
        are defined in section 101 of the Immigration and Nationality 
        Act (8 U.S.C. 1101)).
            (7) Nontraditional study abroad destination.--The term 
        ``nontraditional study abroad destination'' means a location 
        that is determined by the Foundation to be a less common 
        destination for United States students who study abroad.
            (8) Study abroad.--The term ``study abroad'' means an 
        educational program of study, work, research, internship, or 
        combination thereof that is conducted outside the United States 
        and that carries academic credit toward fulfilling the 
        participating student's degree requirements.
            (9) United states.--The term ``United States'' means any of 
        the several States, the District of Columbia, Puerto Rico, the 
        Northern Mariana Islands, the Virgin Islands, Guam, American 
        Samoa, and any other territory or possession of the United 
        States.
            (10) United states student.--The term ``United States 
        student'' means a national of the United States who is enrolled 
        at an institution of higher education located within the United 
        States.

SEC. 705. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL SIMON STUDY 
              ABROAD FOUNDATION.

    (a) Establishment.--
            (1) In general.--There is established in the executive 
        branch a corporation to be known as the ``Senator Paul Simon 
        Study Abroad Foundation'' that shall be responsible for 
        carrying out this title. The Foundation shall be a government 
        corporation, as defined in section 103 of title 5, United 
        States Code.
            (2) Board of directors.--The Foundation shall be governed 
        by a Board of Directors in accordance with subsection (d).
            (3) Intent of congress.--It is the intent of Congress in 
        establishing the structure of the Foundation set forth in this 
        subsection to create an entity that will administer a study 
        abroad program that--
                    (A) serves the long-term foreign policy and 
                national security needs of the United States; but
                    (B) operates independently of short-term political 
                and foreign policy considerations.
    (b) Mandate of Foundation.--In administering the program referred 
to in subsection (a)(3), the Foundation shall--
            (1) promote the objectives and purposes of this title;
            (2) through responsive, flexible grant-making, promote 
        access to study abroad opportunities by United States students 
        at diverse institutions of higher education, including two-year 
        institutions, minority-serving institutions, and institutions 
        that serve nontraditional students;
            (3) through creative grant-making, promote access to study 
        abroad opportunities by diverse United States students, 
        including minority students, students of limited financial 
        means, and nontraditional students;
            (4) solicit funds from the private sector to supplement 
        funds made available under this title; and
            (5) minimize administrative costs and maximize the 
        availability of funds for grants under this title.
    (c) Chief Executive Officer.--
            (1) In general.--There shall be in the Foundation a Chief 
        Executive Officer who shall be responsible for the management 
        of the Foundation.
            (2) Appointment.--The Chief Executive Officer shall be 
        appointed by the Board and shall be a recognized leader in 
        higher education, business, or foreign policy, chosen on the 
        basis of a rigorous search.
            (3) Relationship to board.--The Chief Executive Officer 
        shall report to and be under the direct authority of the Board.
            (4) Compensation and rank.--
                    (A) In general.--The Chief Executive Officer shall 
                be compensated at the rate provided for level IV of the 
                Executive Schedule under section 5315 of title 5, 
                United States Code.
                    (B) Amendment.--Section 5315 of title 5, United 
                States Code, is amended by adding at the end the 
                following: ``Chief Executive Officer, Senator Paul 
                Simon Study Abroad Foundation.''.
            (5) Authorities and duties.--The Chief Executive Officer 
        shall be responsible for the management of the Foundation and 
        shall exercise the powers and discharge the duties of the 
        Foundation.
            (6) Authority to appoint officers.--In consultation and 
        with approval of the Board, the Chief Executive Officer shall 
        appoint all officers of the Foundation.
    (d) Board of Directors.--
            (1) Establishment.--There shall be in the Foundation a 
        Board of Directors.
            (2) Duties.--The Board shall perform the functions 
        specified to be carried out by the Board in this title and may 
        prescribe, amend, and repeal by-laws, rules, regulations, and 
        procedures governing the manner in which the business of the 
        Foundation may be conducted and in which the powers granted to 
        it by law may be exercised.
            (3) Membership.--The Board shall consist of--
                    (A) the Secretary of State (or the Secretary's 
                designee), the Secretary of Education (or the 
                Secretary's designee), the Secretary of Defense (or the 
                Secretary's designee), and the Administrator of the 
                United States Agency for International Development (or 
                the Administrator's designee); and
                    (B) five other individuals with relevant experience 
                in matters relating to study abroad (such as 
                individuals who represent institutions of higher 
                education, business organizations, foreign policy 
                organizations, or other relevant organizations) who 
                shall be appointed by the President, by and with the 
                advice and consent of the Senate, of which--
                            (i) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        majority leader of the House of 
                        Representatives;
                            (ii) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the House of 
                        Representatives;
                            (iii) one individual shall be appointed 
                        from among a list of individuals submitted by 
                        the majority leader of the Senate; and
                            (iv) one individual shall be appointed from 
                        among a list of individuals submitted by the 
                        minority leader of the Senate.
            (4) Chief executive officer.--The Chief Executive Officer 
        of the Foundation shall serve as a non-voting, ex-officio 
        member of the Board.
            (5) Terms.--
                    (A) Officers of the federal government.--Each 
                member of the Board described in paragraph (3)(A) shall 
                serve for a term that is concurrent with the term of 
                service of the individual's position as an officer 
                within the other Federal department or agency.
                    (B) Other members.--Each member of the Board 
                described in paragraph (3)(B) shall be appointed for a 
                term of three years and may be reappointed for one 
                additional three-year term.
                    (C) Vacancies.--A vacancy in the Board shall be 
                filled in the manner in which the original appointment 
                was made.
            (6) Chairperson.--There shall be a Chairperson of the 
        Board. The Secretary of State (or the Secretary's designee) 
        shall serve as the Chairperson.
            (7) Quorum.--A majority of the members of the Board 
        described in paragraph (3) shall constitute a quorum, which, 
        except with respect to a meeting of the Board during the 135-
        day period beginning on the date of the enactment of this Act, 
        shall include at least one member of the Board described in 
        paragraph (3)(B).
            (8) Meetings.--The Board shall meet at the call of the 
        Chairperson.
            (9) Compensation.--
                    (A) Officers of the federal government.--
                            (i) In general.--A member of the Board 
                        described in paragraph (3)(A) may not receive 
                        additional pay, allowances, or benefits by 
                        reason of the member's service on the Board.
                            (ii) Travel expenses.--Each such member of 
                        the Board shall receive travel expenses, 
                        including per diem in lieu of subsistence, in 
                        accordance with applicable provisions under 
                        subchapter I of chapter 57 of title 5, United 
                        States Code.
                    (B) Other members.--
                            (i) In general.--Except as provided in 
                        clause (ii), a member of the Board described in 
                        paragraph (3)(B) while away from the member's 
                        home or regular place of business on necessary 
                        travel in the actual performance of duties as a 
                        member of the Board, shall be paid per diem, 
                        travel, and transportation expenses in the same 
                        manner as is provided under subchapter I of 
                        chapter 57 of title 5, United States Code.
                            (ii) Limitation.--A member of the Board may 
                        not be paid compensation under clause (i) for 
                        more than 90 days in any calendar year.

SEC. 706. ESTABLISHMENT AND OPERATION OF PROGRAM.

    (a) Establishment of the Program.--There is hereby established a 
program, which shall--
            (1) be administered by the Foundation; and
            (2) award grants to--
                    (A) United States students for study abroad;
                    (B) nongovernmental institutions that provide and 
                promote study abroad opportunities for United States 
                students, in consortium with institutions described in 
                subparagraph (C); and
                    (C) institutions of higher education, individually 
                or in consortium, in order to accomplish the objectives 
                set forth in subsection (b).
    (b) Objectives.--The objectives of the program established under 
subsection (a) are that, within ten years of the date of the enactment 
of this Act--
            (1) not less than 1,000,000 undergraduate United States 
        students will study abroad annually for credit;
            (2) the demographics of study-abroad participation will 
        reflect the demographics of the United States undergraduate 
        population, including students enrolled in community colleges, 
        minority-serving institutions, and institutions serving large 
        numbers of low-income and first-generation students; and
            (3) an increasing portion of study abroad will take place 
        in nontraditional study abroad destinations, with a substantial 
        portion of such increases taking place in developing countries.
    (c) Mandate of the Program.--In order to accomplish the objectives 
set forth in subsection (b), the Foundation shall, in administering the 
program established under subsection (a), take fully into account the 
recommendations of the Commission on the Abraham Lincoln Study Abroad 
Fellowship Program (established pursuant to section 104 of the 
Miscellaneous Appropriations and Offsets Act, 2004 (division H of 
Public Law 108-199)).
    (d) Structure of Grants.--
            (1) Promoting reform.--In accordance with the 
        recommendations of the Commission on the Abraham Lincoln Study 
        Abroad Fellowship Program, grants awarded under the program 
        established under subsection (a) shall be structured to the 
        maximum extent practicable to promote appropriate reforms in 
        institutions of higher education in order to remove barriers to 
        participation by students in study abroad.
            (2) Grants to individuals and institutions.--It is the 
        sense of Congress that--
                    (A) the Foundation should award not more than 25 
                percent of the funds awarded as grants to individuals 
                described in subparagraph (A) of subsection (a)(2) and 
                not less than 75 percent of such funds to institutions 
                described in subparagraphs (B) and (C) of such 
                subsection; and
                    (B) the Foundation should ensure that not less than 
                85 percent of the amount awarded to such institutions 
                is used to award scholarships to students.
    (e) Balance of Long-Term and Short-Term Study Abroad Programs.--In 
administering the program established under subsection (a), the 
Foundation shall seek an appropriate balance between--
            (1) longer-term study abroad programs, which maximize 
        foreign-language learning and intercultural understanding; and
            (2) shorter-term study abroad programs, which maximize the 
        accessibility of study abroad to nontraditional students.
    (f) Quality and Safety in Study Abroad.--In administering the 
program established under subsection (a), the Foundation shall require 
that institutions receiving grants demonstrate that--
            (1) the study abroad programs for which students receive 
        grant funds are for academic credit; and
            (2) the programs have established health and safety 
        guidelines and procedures.

SEC. 707. ANNUAL REPORT.

    (a) Report Required.--Not later than December 15, 2010, and each 
December 15 thereafter, the Foundation shall submit to the appropriate 
congressional committees a report on the implementation of this title 
during the prior fiscal year.
    (b) Contents.--The report required by subsection (a) shall 
include--
            (1) the total financial resources available to the 
        Foundation during the year, including appropriated funds, the 
        value and source of any gifts or donations accepted pursuant to 
        section 708(a)(6), and any other resources;
            (2) a description of the Board's policy priorities for the 
        year and the bases upon which grant proposals were solicited 
        and awarded to institutions of higher education, 
        nongovernmental institutions, and consortiums pursuant to 
        sections 706(a)(2)(B) and 706(a)(2)(C);
            (3) a list of grants made to institutions of higher 
        education, nongovernmental institutions, and consortiums 
        pursuant to sections 706(a)(2)(B) and 706(a)(2)(C) that 
        includes the identity of the institutional recipient, the 
        dollar amount, the estimated number of study abroad 
        opportunities provided to United States students by each grant, 
        the amount of the grant used by each institution for 
        administrative expenses, and information on cost-sharing by 
        each institution receiving a grant;
            (4) a description of the bases upon which the Foundation 
        made grants directly to United States students pursuant to 
        section 706(a)(2)(A);
            (5) the number and total dollar amount of grants made 
        directly to United States students by the Foundation pursuant 
        to section 706(a)(2)(A); and
            (6) the total administrative and operating expenses of the 
        Foundation for the year, as well as specific information on--
                    (A) the number of Foundation employees and the cost 
                of compensation for Board members, Foundation 
                employees, and personal service contractors;
                    (B) costs associated with securing the use of real 
                property for carrying out the functions of the 
                Foundation;
                    (C) total travel expenses incurred by Board members 
                and Foundation employees in connection with Foundation 
                activities; and
                    (D) total representational expenses.

SEC. 708. POWERS OF THE FOUNDATION; RELATED PROVISIONS.

    (a) Powers.--The Foundation--
            (1) shall have perpetual succession unless dissolved by a 
        law enacted after the date of the enactment of this Act;
            (2) may adopt, alter, and use a seal, which shall be 
        judicially noticed;
            (3) may make and perform such contracts, grants, and other 
        agreements with any person or government however designated and 
        wherever situated, as may be necessary for carrying out the 
        functions of the Foundation;
            (4) may determine and prescribe the manner in which its 
        obligations shall be incurred and its expenses allowed and 
        paid, including expenses for representation;
            (5) may lease, purchase, or otherwise acquire, improve, and 
        use such real property wherever situated, as may be necessary 
        for carrying out the functions of the Foundation;
            (6) may accept cash gifts or donations of services or of 
        property (real, personal, or mixed), tangible or intangible, 
        for the purpose of carrying out the provisions of this title;
            (7) may use the United States mails in the same manner and 
        on the same conditions as the executive departments;
            (8) may contract with individuals for personal services, 
        who shall not be considered Federal employees for any provision 
        of law administered by the Office of Personnel Management;
            (9) may hire or obtain passenger motor vehicles; and
            (10) shall have such other powers as may be necessary and 
        incident to carrying out this title.
    (b) Principal Office.--The Foundation shall maintain its principal 
office in the metropolitan area of Washington, District of Columbia.
    (c) Applicability of Government Corporation Control Act.--
            (1) In general.--The Foundation shall be subject to chapter 
        91 of subtitle VI of title 31, United States Code, except that 
        the Foundation shall not be authorized to issue obligations or 
        offer obligations to the public.
            (2) Conforming amendment.--Section 9101(3) of title 31, 
        United States Code, is amended by adding at the end the 
        following new subparagraph:
                    ``(S) the Senator Paul Simon Study Abroad 
                Foundation.''.
    (d) Inspector General.--
            (1) In general.--The Inspector General of the Department of 
        State shall serve as Inspector General of the Foundation, and, 
        in acting in such capacity, may conduct reviews, 
        investigations, and inspections of all aspects of the 
        operations and activities of the Foundation.
            (2) Authority of the board.--In carrying out the 
        responsibilities under this subsection, the Inspector General 
        shall report to and be under the general supervision of the 
        Board.
            (3) Reimbursement and authorization of services.--
                    (A) Reimbursement.--The Foundation shall reimburse 
                the Department of State for all expenses incurred by 
                the Inspector General in connection with the Inspector 
                General's responsibilities under this subsection.
                    (B) Authorization for services.--Of the amount 
                authorized to be appropriated under section 711(a) for 
                a fiscal year, up to $2,000,000 is authorized to be 
                made available to the Inspector General of the 
                Department of State to conduct reviews, investigations, 
                and inspections of operations and activities of the 
                Foundation.

SEC. 709. GENERAL PERSONNEL AUTHORITIES.

    (a) Detail of Personnel.--Upon request of the Chief Executive 
Officer, the head of an agency may detail any employee of such agency 
to the Foundation on a reimbursable basis. Any employee so detailed 
remains, for the purpose of preserving such employee's allowances, 
privileges, rights, seniority, and other benefits, an employee of the 
agency from which detailed.
    (b) Reemployment Rights.--
            (1) In general.--An employee of an agency who is serving 
        under a career or career conditional appointment (or the 
        equivalent), and who, with the consent of the head of such 
        agency, transfers to the Foundation, is entitled to be 
        reemployed in such employee's former position or a position of 
        like seniority, status, and pay in such agency, if such 
        employee--
                    (A) is separated from the Foundation for any 
                reason, other than misconduct, neglect of duty, or 
                malfeasance; and
                    (B) applies for reemployment not later than 90 days 
                after the date of separation from the Foundation.
            (2) Specific rights.--An employee who satisfies paragraph 
        (1) is entitled to be reemployed (in accordance with such 
        paragraph) within 30 days after applying for reemployment and, 
        on reemployment, is entitled to at least the rate of basic pay 
        to which such employee would have been entitled had such 
        employee never transferred.
    (c) Hiring Authority.--Of persons employed by the Foundation, not 
to exceed 20 persons may be appointed, compensated, or removed without 
regard to the civil service laws and regulations.
    (d) Basic Pay.--The Chief Executive Officer may fix the rate of 
basic pay of employees of the Foundation without regard to the 
provisions of chapter 51 of title 5, United States Code (relating to 
the classification of positions), subchapter III of chapter 53 of such 
title (relating to General Schedule pay rates), except that no employee 
of the Foundation may receive a rate of basic pay that exceeds the rate 
for level IV of the Executive Schedule under section 5315 of such 
title.
    (e) Definitions.--In this section--
            (1) the term ``agency'' means an executive agency, as 
        defined by section 105 of title 5, United States Code; and
            (2) the term ``detail'' means the assignment or loan of an 
        employee, without a change of position, from the agency by 
        which such employee is employed to the Foundation.

SEC. 710. GAO REVIEW.

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

SEC. 711. AUTHORIZATION OF APPROPRIATIONS.

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

       TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE

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

SEC. 801. SHORT TITLE.

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

SEC. 802. FINDINGS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SEC. 811. SENSE OF CONGRESS.

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

SEC. 812. DEFINITIONS.

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

SEC. 813. AUTHORIZATION OF APPROPRIATIONS.

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

           Subtitle B--Provisions Relating to Export Licenses

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

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

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

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

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

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

SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EXPORTS.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    (a) In General.--Section 38(c) of the Arms Export Control Act (22 
U.S.C. 2778(c) is amended to read as follows:
    ``(c) Violations of This Section and Section 39.--
            ``(1) Unlawful acts.--It shall be unlawful for any person 
        to violate, attempt to violate, conspire to violate, or cause a 
        violation of any provision of this section or section 39, or 
        any rule or regulation issued under either section, or who, in 
        a registration or license application or required report, makes 
        any untrue statement of a material fact or omits to state a 
        material fact required to be stated therein or necessary to 
        make the statements therein not misleading.
            ``(2) Civil penalties.--A person who commits an unlawful 
        act described in paragraph (1) shall upon conviction be fined 
        for each violation in an amount not to exceed the greater of--
                    ``(A) $250,000; or
                    ``(B) an amount that is twice the amount of the 
                transaction that is the basis of the violation with 
                respect to which the penalty is imposed.
            ``(3) Criminal penalties.--A person who willfully commits 
        an unlawful act described in paragraph (1) shall upon 
        conviction--
                    ``(A) be fined for each violation in an amount not 
                to exceed $1,000,000, or
                    ``(B) in the case of a natural person, imprisoned 
                for not more than 20 years,
        or both.''.
    (b) Mechanisms to Identify Violators.--Section 38(g) of the Arms 
Export Control Act (22 U.S.C. 2778(g)) is amended--
            (1) in paragraph (1)----
                    (A) in subparagraph (A)--
                            (i) in the matter preceding clause (i), by 
                        inserting ``or otherwise charged'' after 
                        ``indictment'';
                            (ii) in clause (xi), by striking ``or'' at 
                        the end; and
                            (iii) by adding at the end the following:
                    ``(xiii) section 542 of title 18, United States 
                Code, relating to entry of goods by means of false 
                statements;
                    ``(xiv) section 554 of title 18, United States 
                Code, relating to smuggling goods from the United 
                States; or
                    ``(xv) section 1831 of title 18, United States 
                Code, relating to economic espionage.''; and
                    (B) in subparagraph (B), by inserting ``or 
                otherwise charged'' after ``indictment''; and
            (2) in paragraph (3)(A), by inserting ``or otherwise 
        charged'' after ``indictment''.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply 
with respect to violations of sections 38 and 39 of the Arms Export 
Control Act committed on or after that date.

                  Subtitle C--Miscellaneous Provisions

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

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

SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND.

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

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

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

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

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

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

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

SEC. 846. WAR RESERVES STOCKPILE.

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

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

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

           TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE

                     Subtitle A--General Provisions

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

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

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

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

SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUATION MECHANISM.

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

SEC. 904. MERIDA INITIATIVE DEFINED.

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

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

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

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

SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAFFICKING IN SMALL ARMS 
              AND LIGHT WEAPONS TO MEXICO.

    (a) In General.--Notwithstanding section 38(c) of the Arms Export 
Control Act (22 U.S.C. 2778(c)), any person who willfully exports to 
Mexico any small arm or light weapon without a license in violation of 
the requirements of section 38 of such Act shall upon conviction be 
fined for each violation not less than $1,000,000 but not more than 
$3,000,000 and imprisoned for not more than ten years, or both.
    (b) Definition.--In this section, the term ``small arm or light 
weapon'' means any item listed in Category I(a), Category III (as it 
applies to Category I(a)), or grenades under Category IV(a) of the 
United States Munitions List (as contained in part 121 of title 22, 
Code of Federal Regulations (or successor regulations)) that requires a 
license for international export under this section.
    (c) Sunset.--Subsection (a) shall not apply beginning on any date 
after September 30, 2012, on which the President transmits to Congress 
a certification that contains a determination of the President that the 
increased penalties in subsection (a) are no longer necessary.

SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM.

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

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

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

                    TITLE X--REPORTING REQUIREMENTS

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

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

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

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

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

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

SEC. 1004. REPORTS ON HONG KONG.

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

SEC. 1005. DEMOCRACY IN GEORGIA.

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

SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL.

    (a) Sense of Congress.--It is the sense of Congress that the United 
States should assist Israel in its efforts to establish diplomatic 
relations.
    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act and annually thereafter, the Secretary of State shall 
submit to the appropriate congressional committees a report that 
includes the following information:
            (1) Actions taken by representatives of the United States 
        to encourage other countries to establish full diplomatic 
        relations with Israel.
            (2) Specific responses solicited and received by the 
        Secretary from countries that do not maintain full diplomatic 
        relations with Israel with respect to their attitudes toward 
        and plans for entering into diplomatic relations with Israel.
            (3) Other measures being undertaken, and measures that will 
        be undertaken, by the United States to ensure and promote 
        Israel's full participation in the world diplomatic community.
    (c) Form of Submission.--The report required under subsection (b) 
may be submitted in classified or unclassified form, as the Secretary 
determines appropriate.

SEC. 1007. POLICE TRAINING REPORT.

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

SEC. 1008. REPORTS ON HUMANITARIAN ASSISTANCE IN GAZA.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act and one year thereafter, the Secretary of State 
shall submit to the appropriate congressional committees a report 
detailing the humanitarian conditions and efficacy and obstacles to 
humanitarian and reconstruction assistance activities in Gaza.
    (b) Contents.--The reports required under subsection (a) shall 
include the following:
            (1) An assessment of the level of access to basic 
        necessities in Gaza, including food, fuel, water, sanitation, 
        education, and healthcare.
            (2) An assessment of the ability to successfully deliver 
        and distribute humanitarian and reconstruction goods and 
        supplies.
            (3) A description of the efforts of the United States and 
        its allies to facilitate the receipt and distribution of 
        humanitarian and reconstruction assistance in Gaza.
            (4) An assessment of the obstacles to the delivery of 
        humanitarian and reconstruction assistance, including the 
        activities and policies of Hamas and any organization 
        designated as a foreign terrorist organization under section 
        219 of the Immigration and Nationality Act.
            (5) Recommendations for actions the United States can take 
        to best improve the level of access to basic necessities 
        referred to in paragraph (1) and overcome obstacles described 
        in paragraphs (2) through (4).

                   TITLE XI--MISCELLANEOUS PROVISIONS

                     Subtitle A--General Provisions

SEC. 1101. BILATERAL COMMISSION WITH NIGERIA.

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

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

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

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

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

SEC. 1104. STATELESSNESS.

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

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

    It shall be the policy of the United States to urge Turkey to--
            (1) eliminate all forms of discrimination, particularly 
        discrimination based on race or religion;
            (2) grant the Ecumenical Patriarchate appropriate 
        international recognition and ecclesiastic succession; and
            (3) grant the Ecumenical Patriarchate the right to train 
        clergy of all nationalities, not just Turkish nationals.

SEC. 1106. TRANSFER OF LIQUIDATED ASSETS OF CERTAIN ENTERPRISE FUNDS TO 
              LEGACY INSTITUTIONS.

    (a) Transfer of Liquidated Assets.--The President, acting through 
the Administrator of the United States Agency for International 
Development, shall instruct each Enterprise Fund described in 
subsection (b) to make available to the legacy institution of the 
Enterprise Fund all assets resulting from the liquidation, dissolution, 
or winding up of the Enterprise Fund, in whole or in part.
    (b) Enterprise Funds Described.--The Enterprise Funds described in 
this subsection are the following:
            (1) The U.S. Russia Investment Fund and the Western Newly 
        Independent States Enterprise Fund established pursuant to 
        section 498B(c) of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2295b(c)).
            (2) The Albanian-American Enterprise Fund, the Baltic-
        American Enterprise Fund, the Czech and Slovak American 
        Enterprise Fund, the Hungarian-American Enterprise Fund, and 
        the Romanian American Enterprise Fund established pursuant to 
        section 201 of the Support for East European Democracy (SEED) 
        Act of 1989 (22 U.S.C. 5421).

SEC. 1107. LIMITATION ON ASSISTANCE FOR HURRICANE PREPAREDNESS AND 
              OTHER WEATHER COOPERATION ACTIVITIES TO COUNTRIES IN THE 
              AMERICAS.

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

SEC. 1108. STATEMENT OF CONGRESS REGARDING AFGHAN WOMEN.

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

SEC. 1109. GLOBAL PEACE OPERATIONS INITIATIVE PROGRAMS AND ACTIVITIES.

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

SEC. 1110. FREEDOM OF THE PRESS.

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

SEC. 1111. INFORMATION FOR COUNTRY COMMERCIAL GUIDES ON BUSINESS AND 
              INVESTMENT CLIMATES.

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

SEC. 1112. INTERNATIONAL PROTECTING GIRLS BY PREVENTING CHILD MARRIAGE.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) child marriage is a violation of human rights and the 
        prevention and elimination of child marriage should be a 
        foreign policy goal of the United States;
            (2) the practice of child marriage undermines United States 
        investments in foreign assistance to promote education and 
        skills building for girls, reduce maternal and child mortality, 
        reduce maternal illness, halt the transmission of HIV/AIDS, 
        prevent gender-based violence, and reduce poverty; and
            (3) expanding educational opportunities for girls, economic 
        opportunities for women, and reducing maternal and child 
        mortality are critical to achieving the Millennium Development 
        Goals and the global health and development objectives of the 
        United States, including efforts to prevent HIV/AIDS.
    (b) Strategy To Prevent Child Marriage in Developing Countries.--
            (1) Strategy required.--The President, acting through the 
        Secretary of State, shall establish a multi-year strategy to 
        prevent child marriage in developing countries and promote the 
        empowerment of girls at risk of child marriage in developing 
        countries, including by addressing the unique needs, 
        vulnerabilities, and potential of girls under 18 in developing 
        countries.
            (2) Consultation.--In establishing the strategy required by 
        paragraph (1), the President shall consult with Congress, 
        relevant Federal departments and agencies, multilateral 
        organizations, and representatives of civil society.
            (3) Elements.--The strategy required by paragraph (1) 
        shall--
                    (A) focus on areas in developing countries with 
                high prevalence of child marriage; and
                    (B) encompass diplomatic initiatives between the 
                United States and governments of developing countries, 
                with attention to human rights, legal reforms and the 
                rule of law, and programmatic initiatives in the areas 
                of education, health, income generation, changing 
                social norms, human rights, and democracy building.
            (4) Report.--Not later than 180 days after the date of the 
        enactment of this Act, the President shall transmit to Congress 
        a report that includes--
                    (A) the strategy required by paragraph (1);
                    (B) an assessment, including data disaggregated by 
                age and gender to the extent possible, of current 
                United States-funded efforts to specifically assist 
                girls in developing countries; and
                    (C) examples of best practices or programs to 
                prevent child marriage in developing countries that 
                could be replicated.
    (c) Research and Data Collection.--The Secretary of State shall 
work with relevant Federal departments and agencies as part of their 
ongoing research and data collection activities, to--
            (1) collect and make available data on the incidence of 
        child marriage in countries that receive foreign or development 
        assistance from the United States where the practice of child 
        marriage is prevalent; and
            (2) collect and make available data on the impact of the 
        incidence of child marriage and the age at marriage on progress 
        in meeting key development goals.
    (d) Department of State's Country Reports on Human Rights 
Practices.--The Foreign Assistance Act of 1961 is amended--
            (1) in section 116 (22 U.S.C. 2151n), by adding at the end 
        the following new subsection:
    ``(g) The report required by subsection (d) shall include for each 
country in which child marriage is prevalent at rates at or above 40 
percent in at least one sub-national region, a description of the 
status of the practice of child marriage in such country. In this 
subsection, the term `child marriage' means the marriage of a girl or 
boy, not yet the minimum age for marriage stipulated in law in the 
country in which such girl or boy is a resident.''; and
            (2) in section 502B (22 U.S.C. 2304), as amended by section 
        1111(b)(2) of this Act, is further amended by adding at the end 
        the following new subsection:
    ``(j) The report required by subsection (b) shall include for each 
country in which child marriage is prevalent at rates at or above 40 
percent in at least one sub-national region, a description of the 
status of the practice of child marriage in such country. In this 
subsection, the term `child marriage' means the marriage of a girl or 
boy, not yet the minimum age for marriage stipulated in law in the 
country in which such girl or boy is a resident.''.
    (e) Definition.--In this section, the term ``child marriage'' means 
the marriage of a girl or boy, not yet the minimum age for marriage 
stipulated in law in the country in which the girl or boy is a 
resident.
    (f) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated pursuant to section 101 of this Act, there is 
authorized to be appropriated as such sums as necessary for fiscal 
years 2010 through 2011 to carry out this section and the amendments 
made by this section.

SEC. 1113. STATEMENT OF CONGRESS REGARDING RETURN OF PORTRAITS OF 
              HOLOCAUST VICTIMS TO ARTIST DINA BABBITT.

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

SEC. 1114. STATEMENT OF POLICY REGARDING SOMALIA.

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

                Subtitle B--Sense of Congress Provisions

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

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

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

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

SEC. 1123. WEST PAPUA.

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

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

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

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

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