I 

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. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization Act, Fiscal Years 2010 and 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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. 


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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 


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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. 


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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. 


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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. 


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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. 

1 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 Except as otherwise provided in this Act, the term 

4 ‘‘appropriate congressional committees’’ means the Com5 mittee on Foreign Affairs of the House of Representatives 

6 and the Committee on Foreign Relations of the Senate. 


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1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

4 The following amounts are authorized to be appro5 priated for the Department of State under ‘‘Administra6 tion of Foreign Affairs’’ to carry out the authorities, func7 tions, duties, and responsibilities in the conduct of foreign 

8 affairs of the United States, and for other purposes au9 thorized by law: 

10 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

11 (A) AUTHORIZATION OF APPROPRIA12 TIONS.—For ‘‘Diplomatic and Consular Pro13 grams’’ $7,312,016,000 for fiscal year 2010, 

14 and such sums as may be necessary for fiscal 

15 year 2011. 

16 (B) WORLDWIDE SECURITY PROTEC17 TION.—In addition to the amounts authorized 

18 to be appropriated by subparagraph (A), 

19 $1,648,000,000 for fiscal year 2010, and such 

20 sums as may be necessary for fiscal year 2011 

21 are authorized to be appropriated for worldwide 

22 security protection. 

23 (C) PUBLIC DIPLOMACY.—Of the amounts 

24 authorized to be appropriated under subpara25 graph (A), $500,278,000 for fiscal year 2010, 


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1 and such sums as may be necessary for fiscal 

2 year 2011 are authorized to be appropriated for 

3 pubic diplomacy. 

4 (D) BUREAU OF DEMOCRACY, HUMAN

5 RIGHTS, AND LABOR.—Of the amounts author6 ized to be appropriated under subparagraph 

7 (A), $20,659,000 for fiscal year 2010, and such 

8 sums as may be necessary for fiscal year 2011 

9 are authorized to be appropriated for the Bu10 reau of Democracy, Human Rights, and Labor. 

11 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap12 ital Investment Fund’’, $160,000,000 for fiscal year 

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

14 year 2011. 

15 (3) EMBASSY SECURITY, CONSTRUCTION AND

16 MAINTENANCE.—For ‘‘Embassy Security, Construc17 tion and Maintenance’’, $1,815,050,000 for fiscal 

18 year 2010, and such sums as may be necessary for 

19 fiscal year 2011. 

20 (4) EDUCATIONAL AND CULTURAL EXCHANGE

21 PROGRAMS.— 

22 (A) AUTHORIZATION OF APPROPRIA23 TIONS.—For ‘‘Educational and Cultural Ex24 change Programs’’, $633,243,000 for fiscal 


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1 year 2010, and such sums as may be necessary 

2 for fiscal year 2011. 

3 (B) TIBETAN SCHOLARSHIP PROGRAM.— 

4 Of the amounts authorized to be appropriated 

5 under subsection (a), $750,000 for fiscal year 

6 2010 and $800,000 for fiscal year 2011 are au7 thorized to be appropriated to carry out the Ti8 betan scholarship program established under 

9 section 103(b)(1) of the Human Rights, Ref10 ugee, and Other Foreign Relations Provisions 

11 Act of 1996 (Public Law 104–319; 22 U.S.C. 

12 2151 note). 

13 (C) NGAWANG CHOEPEL EXCHANGE PRO14 GRAMS.—Of the amounts authorized to be ap15 propriated under subsection (a), such sums are 

16 authorized to be appropriated for each of fiscal 

17 years 2010 and 2011 are authorized to be ap18 propriated for the ‘‘Ngawang Choepel Exchange 

19 Programs’’ (formerly known as ‘‘programs of 

20 educational and cultural exchange between the 

21 United States and the people of Tibet’’) under 

22 section 103(a) of the Human Rights, Refugee, 

23 and Other Foreign Relations Provisions Act of 

24 1996 (Public Law 104–319; 22 U.S.C. 2151 

25 note). 


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1 (5) CIVILIAN STABILIZATION INITIATIVE.—For 

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

3 fiscal year 2010, and such sums as may be nec4 essary for fiscal year 2011. 

5 (6) REPRESENTATION ALLOWANCES.—For 

6 ‘‘Representation Allowances’’, $8,175,000 for fiscal 

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

8 fiscal year 2011. 

9 (7) PROTECTION OF FOREIGN MISSIONS AND

10 OFFICIALS.— 

11 (A) AUTHORIZATION OF APPROPRIA12 TIONS.—For Protection of Foreign Missions 

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

14 and such sums as may be necessary for fiscal 

15 year 2011. 

16 (B) REIMBURSEMENT FOR PAST EX17 PENSES OWED BY THE UNITED STATES.—In 

18 addition to the amounts authorized to be appro19 priated under subparagraph (A), there are au20 thorized to be appropriated $21,000,000 for fis21 cal year 2010 and $25,000,000 for fiscal year 

22 2011 for ‘‘Protection of Foreign Missions and 

23 Officials’’ to be used only to reimburse State 

24 and local governments for necessary expenses 

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1 eign missions and officials and recognized by 

2 the United States. 

3 (8) EMERGENCIES IN THE DIPLOMATIC AND

4 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip5 lomatic and Consular Service’’, $10,000,000 for fis6 cal year 2010, and such sums as may be necessary 

7 for fiscal year 2011. 

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

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

10 sums as may be necessary for fiscal year 2011. 

11 (10) PAYMENT TO THE AMERICAN INSTITUTE

12 IN TAIWAN.—For ‘‘Payment to the American Insti13 tute in Taiwan’’, $21,174,000 for fiscal year 2010, 

14 and such sums as may be necessary for fiscal year 

15 2011. 

16 (11) OFFICE OF THE INSPECTOR GENERAL.— 

17 (A) AUTHORIZATION OF APPROPRIA18 TIONS.—For ‘‘Office of the Inspector General’’, 

19 $100,000,000 for fiscal year 2010, and such 

20 sums as may be necessary for fiscal year 2011. 

21 (B) SPECIAL INSPECTOR GENERAL FOR

22 IRAQ RECONSTRUCTION.—Of the amounts au23 thorized to be appropriated under subparagraph 

24 (A), $30,000,000 is authorized to be for the 


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1 Special Inspector General for Iraq Reconstruc2 tion. 

3 (C) SPECIAL INSPECTOR GENERAL FOR

4 AFGHANISTAN RECONSTRUCTION.—Of the 

5 amounts authorized to be appropriated under 

6 subparagraph (A), $23,000,000 is authorized to 

7 be for the Special Inspector General for Af8 ghanistan Reconstruction. 

9 SEC. 102. INTERNATIONAL ORGANIZATIONS. 

10 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

11 ORGANIZATIONS.—There are authorized to be appro12 priated for ‘‘Contributions to International Organiza13 tions’’, $1,797,000,000 for fiscal year 2010, and such 

14 sums as may be necessary for fiscal year 2011, for the 

15 Department of State to carry out the authorities, func16 tions, duties, and responsibilities in the conduct of the for17 eign affairs of the United States with respect to inter18 national organizations and to carry out other authorities 

19 in law consistent with such purposes. 

20 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE21 KEEPING ACTIVITIES.—There are authorized to be appro22 priated for ‘‘Contributions for International Peacekeeping 

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

24 sums as may be necessary for fiscal year 2011, for the 

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1 tions, duties, and responsibilities of the United States with 

2 respect to international peacekeeping activities and to 

3 carry out other authorities in law consistent with such 

4 purposes. 

5 (c) FOREIGN CURRENCY EXCHANGE RATES.—In ad6 dition to amounts authorized to be appropriated by sub7 section (a), there are authorized to be appropriated such 

8 sums as may be necessary for each of fiscal years 2010 

9 and 2011 to offset adverse fluctuations in foreign currency 

10 exchange rates. Amounts appropriated under this sub11 section shall be available for obligation and expenditure 

12 only to the extent that the Director of the Office of Man13 agement and Budget determines and certifies to Congress 

14 that such amounts are necessary due to such fluctuations. 

15 SEC. 103. INTERNATIONAL COMMISSIONS. 

16 The following amounts are authorized to be appro17 priated under ‘‘International Commissions’’ for the De18 partment of State to carry out the authorities, functions, 

19 duties, and responsibilities in the conduct of the foreign 

20 affairs of the United States and for other purposes author21 ized by law: 

22 (1) INTERNATIONAL BOUNDARY AND WATER

23 COMMISSION, UNITED STATES AND MEXICO.—For 

24 ‘‘International Boundary and Water Commission, 

25 United States and Mexico’’— 


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1 (A) for ‘‘Salaries and Expenses’’, 

2 $33,000,000 for fiscal year 2010, and such 

3 sums as may be necessary for fiscal year 2011; 

4 and 

5 (B) for ‘‘Construction’’, $43,250,000 for 

6 fiscal year 2010, and such sums as may be nec7 essary for fiscal year 2011. 

8 (2) INTERNATIONAL BOUNDARY COMMISSION, 

9 UNITED STATES AND CANADA.—For ‘‘International 

10 Boundary Commission, United States and Canada’’, 

11 $2,385,000 for fiscal year 2010, and such sums as 

12 may be necessary for fiscal year 2011. 

13 (3) INTERNATIONAL JOINT COMMISSION.—For 

14 ‘‘International Joint Commission’’, $7,974,000 for 

15 fiscal year 2010, and such sums as may be nec16 essary for fiscal year 2011. 

17 (4) INTERNATIONAL FISHERIES COMMIS18 SIONS.—For ‘‘International Fisheries Commissions’’, 

19 $12,608,000 for fiscal year 2010, and such sums as 

20 may be necessary for fiscal year 2011. 

21 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 

22 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

23 are authorized to be appropriated for ‘‘Migration and Ref24 ugee Assistance’’ for authorized activities $1,577,500,000 


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1 for fiscal year 2010, and such sums as may be necessary 

2 for fiscal year 2011. 

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

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

5 there are authorized to be appropriated $25,000,000 for 

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

7 fiscal year 2011 for resettlement of refugees in Israel. 

8 SEC. 105. CENTERS AND FOUNDATIONS. 

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

10 appropriated for ‘‘The Asia Foundation’’ for authorized 

11 activities, $20,000,000 for fiscal year 2010, and 

12 $23,000,000 for fiscal year 2011. 

13 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.— 

14 There are authorized to be appropriated for the ‘‘National 

15 Endowment for Democracy’’ for authorized activities, 

16 $100,000,000 for fiscal year 2010, and such sums as may 

17 be necessary for fiscal year 2011. 

18 (c) CENTER FOR CULTURAL AND TECHNICAL INTER19 CHANGE BETWEEN EAST AND WEST.—There are author20 ized to be appropriated for the ‘‘Center for Cultural and 

21 Technical Interchange Between East and West’’ for au22 thorized activities, such sums as may be necessary for each 

23 of fiscal years 2010 and 2011. 


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1 TITLE II—DEPARTMENT OF 

2 STATE AUTHORITIES AND AC3 TIVITIES 

4 Subtitle A—Basic Authorities and 

5 Activities 

6 SEC. 201. INTERNATIONAL LITIGATION FUND. 

7 Section 38(d)(3) of the State Department Basic Au8 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended 

9 by striking ‘‘by the Department of State from another 

10 agency of the United States Government or pursuant to’’ 

11 and inserting ‘‘by the Department of State as a result of 

12 a decision of an international tribunal, from another agen13 cy of the United States Government, or pursuant to’’. 

14 SEC. 202. ACTUARIAL VALUATIONS. 

15 The Foreign Service Act of 1980 is amended— 

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

17 (A) in the first sentence, by striking ‘‘Sec18 retary of the Treasury’’ and inserting instead 

19 ‘‘Secretary of State’’; and 

20 (B) by amending the second sentence to 

21 read as follows: ‘‘The Secretary of State is au22 thorized to expend from money to the credit of 

23 the Fund such sums as may be necessary to ad24 minister the provisions of this chapter, includ25 ing actuarial advice, but only to the extent and 


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1 in such amounts as are provided in advance in 

2 appropriations acts.’’; 

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

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

5 the second place it appears and inserting ‘‘Secretary 

6 of State’’; 

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

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

9 instead ‘‘Secretary of State’’; and 

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

11 (A) by striking ‘‘Secretary of the Treas12 ury’’ and inserting instead ‘‘Secretary of 

13 State’’; and 

14 (B) by striking ‘‘and shall advise the Sec15 retary of State of’’ and inserting instead ‘‘that 

16 will provide’’. 

17 SEC. 203. SPECIAL AGENTS. 

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

19 the State Department Basic Authorities Act of 1956 (22 

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

21 ‘‘(1) conduct investigations concerning— 

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

23 use; 


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

3 and authorities of the Department of State; and 

4 ‘‘(C) Federal offenses committed within 

5 the special maritime and territorial jurisdiction 

6 of the United States as defined in paragraph 

7 (9) of section 7 of title 18, United States Code, 

8 except as that jurisdiction relates to the prem9 ises of United States military missions and re10 lated residences;’’. 

11 (b) RULE OF CONSTRUCTION.—Nothing in para12 graph (1) of such section 37(a) (as amended by subsection 

13 (a) of this section) shall be construed to limit the inves14 tigative authority of any other Federal department or 

15 agency. 

16 SEC. 204. REPATRIATION LOANS. 

17 Section 4 of the State Department Basic Authorities 

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

19 the end the following new subsection: 

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

21 may prescribe, the Secretary is authorized to waive in 

22 whole or part the recovery of a repatriation loan under 

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

24 against equity and good conscience or against the public 

25 interest.’’. 


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1 Subtitle B—Public Diplomacy at 

2 the Department of State 

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

5 Section 60 of the State Department Basic Authorities 

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

7 (1) in subsection (b)(1), by inserting ‘‘in ac8 cordance with subsection (e),’’ before ‘‘coordinate’’; 

9 and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(e) CONCENTRATION OF PUBLIC DIPLOMACY RE13 SPONSIBILITIES.— 

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

15 shall, subject to the direction of the President, have 

16 primary responsibility for the coordination described 

17 in subsection (b)(1), and shall make every effort to 

18 establish and present to foreign publics unified 

19 United States public diplomacy activities. 

20 ‘‘(2) QUARTERLY MEETINGS AND ONGOING

21 CONSULTATIONS AND COORDINATION.— 

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

23 subject to the direction of the President, estab24 lish a working group of the heads of the Fed25 eral agencies referred to in subsection (b)(1) 


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1 and should seek to convene such group not less 

2 often than once every three months to carry out 

3 the requirement specified in paragraph (1) of 

4 this subsection. 

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

6 The Secretary shall serve as the permanent 

7 chair of the quarterly meetings required under 

8 subparagraph (A). Each head of a Federal 

9 agency referred to in subsection (b)(1) shall 

10 serve on a rotating basis as the vice chair of 

11 each such quarterly meeting. 

12 ‘‘(C) INITIAL MEETING.—The initial meet13 ing of the working group established under sub14 paragraph (A) shall be not later than the date 

15 that is six months after the date of the enact16 ment of this subsection. 

17 ‘‘(D) ONGOING CONSULTATIONS AND CO18 ORDINATION.—The Secretary and each head of 

19 the Federal agencies referred to in subsection 

20 (b)(1) shall designate a representative of each 

21 respective agency to consult and coordinate with 

22 such other representatives on an ongoing basis 

23 beginning not later than 30 days after the ini24 tial meeting of the working group under sub25 paragraph (C) to carry out the requirement 


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1 specified in paragraph (1) of this subsection. 

2 The designee of the Secretary shall have pri3 mary responsibility for such ongoing consulta4 tions and coordination. 

5 ‘‘(3) REPORTS REQUIRED.— 

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

7 subparagraph (D), each head of a Federal 

8 agency referred to in subsection (b)(1) shall an9 nually submit to the President a report on the 

10 public diplomacy activities of each such agency 

11 in the preceding year. 

12 ‘‘(B) INFORMATION SHARING.—The Presi13 dent shall make available to the Secretary the 

14 reports submitted pursuant to subparagraph 

15 (A). 

16 ‘‘(C) INITIAL SUBMISSIONS.—The first an17 nual reports required under subparagraph (A) 

18 shall be submitted not later than the date that 

19 is one year after the date of the enactment of 

20 this subsection. 

21 ‘‘(D) LIMITATION.—Subparagraph (A) 

22 shall not apply with respect to activities carried 

23 out pursuant to section 167 of title 10, United 

24 States Code.’’. 


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

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

5 at the mid-career level threatens the effectiveness of 

6 United States outreach to publics abroad. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

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

11 diplomacy, and provide training and mentoring to 

12 cultivate their skills in order to build up the corps 

13 of professionals in the public diplomacy cone; and 

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

16 more information on techniques of public diplomacy. 

17 (c) ESTABLISHMENT OF PUBLIC DIPLOMACY RE18 SERVE CORPS.—Section 301 of the Foreign Service Act 

19 of 1980 (22 U.S.C. 3941) is amended by adding at the 

20 end the following new subsection: 

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

23 ‘‘(1) IN GENERAL.—The Secretary of State is 

24 authorized to establish in the Foreign Service a Pub25 lic Diplomacy Reserve Corps consisting of mid- and 

26 senior-level former Foreign Service officers and 


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1 other individuals with experience in the private or 

2 public sector relevant to public diplomacy, to serve 

3 for a period of six months to two years in postings 

4 abroad. 

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

6 While actively serving with the Reserve Corps, indi7 viduals may not engage in activities directly or indi8 rectly intended to influence public opinion within the 

9 United States in the same manner and to the same 

10 extent that employees of the Department of State 

11 engaged in public diplomacy are so prohibited.’’. 

12 SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY 

13 OUTREACH. 

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

15 (1) The platform strategy for United States 

16 public diplomacy programs has changed dramatically 

17 with events of the past decade. The United States 

18 Government used to operate hundreds of free-stand19 ing facilities around the world, known as ‘‘American 

20 Centers’’ or ‘‘America Houses’’, that offered venues 

21 for cultural and educational events as well as access 

22 to books, magazines, films, and other selected mate23 rials about the United States. The consolidation of 

24 the United States Information Agency (USIA) into 

25 the Department of State accelerated the post-Cold 


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1 War process of closing these facilities, and the dead2 ly attacks on United States embassies in Tanzania 

3 and Kenya prompted the imposition of security re4 quirements under law that included co-locating 

5 United States Government employees in hardened 

6 embassy compounds. 

7 (2) Information Resource Centers, which offer 

8 library services and space for public events, that are 

9 now located in embassy compounds allow limited ac10 cess—and in some cases, none whatsoever—by the 

11 public, and half of them operate on a ‘‘by appoint12 ment only’’ basis. ‘‘American Corner’’ facilities, op13 erated by local contacts in university or public li14 braries in some countries, are no substitute for a 

15 designated venue recognized as a resource for infor16 mation on United States culture and education 

17 staffed by a knowledgeable representative of the em18 bassy. 

19 (b) PARTNERSHIP ARRANGEMENTS TO FURTHER

20 PUBLIC DIPLOMACY AND OUTREACH.—Recognizing the 

21 security challenges of maintaining free-standing public di22 plomacy facilities outside of embassy compounds, the Sec23 retary of State shall consider new partnership arrange24 ments with local or regional entities in foreign countries 

25 that can operate free-standing American Centers in areas 


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1 well-trafficked by a cross-section of people in such coun2 tries, including in downtown storefronts, health care clin3 ics, and other locations that reach beyond library patrons 

4 and university students. Where such partnership arrange5 ments currently exist, the Secretary shall evaluate the effi6 cacy of such partnership arrangements and determine 

7 whether such partnership arrangements can provide a 

8 model for public diplomacy facilities outside of embassy 

9 and consulate compounds elsewhere. Not later than 180 

10 days after the date of the enactment of this Act, the Sec11 retary shall brief the appropriate congressional committees 

12 on the evaluation and determinations described in the pre13 ceding sentence. 

14 (c) ESTABLISHMENT OF CERTAIN PUBLIC DIPLO15 MACY FACILITIES.—After taking into account relevant se16 curity needs, the Secretary of State shall consider placing 

17 United States public diplomacy facilities at locations that 

18 maximize the role of such facilities in the educational and 

19 cultural life of the cities in which such facilities are lo20 cated, and help build a growing constituency for such fa21 cilities, in accordance with the authority given to the Sec22 retary under section 606(a)(2)(B) of the Secure Embassy 

23 Construction and Counterterrorism Act of 1999 (22 

24 U.S.C. 4865(a)(2)(B)) to waive certain requirements of 


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1 that Act with respect to the location of certain United 

2 States diplomatic facilities in foreign countries. 

3 SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS. 

4 (a) ESTABLISHMENT AND MAINTENANCE OF LI5 BRARIES.—Section 1(b)(3) of the State Department Basic 

6 Authorities Act of 1956 (22 U.S.C. 2651a(b)(3)) is 

7 amended— 

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

9 the end; 

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

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

12 (3) by adding at the end the following new sub13 paragraph: 

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

15 and the maintenance of existing libraries and 

16 resource centers at or in connection with United 

17 States diplomatic and consular missions.’’. 

18 (b) OPERATION OF LIBRARIES.— 

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

20 ensure that libraries and resource centers estab21 lished and maintained in accordance with subpara22 graph (F) of section 1(b)(3) of the State Depart23 ment Basic Authorities Act of 1956 (as added by 

24 subsection (a)(3) of this section) are open to the 

25 general public to the greatest extent practicable, 


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1 subject to policies and procedures established by the 

2 Secretary to ensure the safety and security of 

3 United States diplomatic and consular missions and 

4 of United States officers, employees, and personnel 

5 posted at such missions at which such libraries are 

6 located. 

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

8 the extent practicable, the Secretary of State shall 

9 ensure that such libraries and resource centers 

10 schedule public showings of United States films that 

11 showcase United States culture, society, values, and 

12 history. 

13 (c) ADVISORY COMMISSION ON PUBLIC DIPLO14 MACY.—Not later than one year after the date of the en15 actment of this section, the Advisory Commission on Pub16 lic Diplomacy (authorized under section 1334 of the For17 eign Affairs Reform and Restructuring Act of 1998 (22 

18 U.S.C. 6553)) shall submit to the Committee on Foreign 

19 Affairs of the House of Representatives and the Com20 mittee on Foreign Relations of the Senate a report con21 taining an evaluation of the functions and effectiveness of 

22 the libraries and resource centers that are authorized 

23 under this section. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—From 

25 amounts authorized to be appropriated for Diplomatic and 


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

2 is authorized to be appropriated to the Secretary of State 

3 such sums as may be necessary for each of fiscal years 

4 2010 and 2011 to carry out this section. 

5 SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY 

6 EXCHANGE PROGRAMS. 

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

8 (1) Since September 11, 2001, a distorted per9 ception of the United States has grown abroad, even 

10 as many Americans struggle to understand the in11 creasingly complex world beyond the borders of the 

12 United States. 

13 (2) This public diplomacy crisis poses an ongo14 ing threat to United States security, diplomatic rela15 tions, commerce, and citizen-to-citizen relationships 

16 between the United States and other countries. 

17 (3) Independently produced documentary films 

18 have proven to be an effective means of commu19 nicating United States ideas and values to popu20 lations of other countries. 

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

22 provide assistance to United States nongovernmental 

23 organizations that produce and distribute independ24 ently produced documentary films. 


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1 (b) ASSISTANCE.—The Secretary of State is author2 ized to make grants, on such terms and conditions as the 

3 Secretary may determine, to United States nongovern4 mental organizations that use independently produced 

5 documentary films to promote better understanding of the 

6 United States abroad and better understanding of global 

7 perspectives and other countries in the United States. 

8 (c) ACTIVITIES SUPPORTED.—Grants provided under 

9 subsection (b) shall, to the maximum extent practicable, 

10 be used to carry out the following activities: 

11 (1) Fund, distribute, and promote documentary 

12 films that convey a diversity of views about life in 

13 the United States to foreign audiences and bring in14 sightful foreign perspectives to United States audi15 ences. 

16 (2) Support documentaries described in para17 graph (1) that are made by independent foreign and 

18 domestic producers, selected through a peer review 

19 process. 

20 (3) Develop a network of overseas partners to 

21 produce, distribute, and broadcast such documen22 taries. 

23 (d) SPECIAL FACTORS.—In making the grants de24 scribed in subsection (b), the Secretary shall give pref25 erence to nongovernmental organizations that— 


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

2 project cost in matching funds from non-Federal 

3 sources; and 

4 (2) have prior experience supporting independ5 ently produced documentary films that have been 

6 broadcast on public television in the United States. 

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

8 of the enactment of this Act, the Secretary shall submit 

9 to Congress a report that contains a detailed description 

10 of the implementation of this section for the prior year. 

11 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

12 amounts authorized to be appropriated for Educational 

13 and Cultural Exchange Programs pursuant to section 

14 101(4), there is authorized to be appropriated to the Sec15 retary of State $5,000,000 for each of fiscal years 2010 

16 and 2011 to carry out this section. 

17 SEC. 216. UNITED STATES ADVISORY COMMISSION ON PUB18 LIC DIPLOMACY. 

19 (a) REAUTHORIZATION OF UNITED STATES ADVI20 SORY COMMISSION ON PUBLIC DIPLOMACY.—Section 

21 1334 of the Foreign Affairs Reform and Restructuring 

22 Act of 1998 (22 U.S.C. 6553) is amended by striking ‘‘Oc23 tober 1, 2009’’ and inserting ‘‘October 1, 2011’’. 

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

25 United States Information and Educational Exchange Act 


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1 of 1948 (22 U.S.C. 1469(c)) is amended to read as fol2 lows: 

3 ‘‘(2)(A) Not less often than once every two 

4 years, the Commission shall undertake an in-depth 

5 review of United States public diplomacy programs, 

6 policies, and activities. Each study shall assess the 

7 effectiveness of the various mechanisms of United 

8 States public diplomacy in light of several factors, 

9 including public and media attitudes around the 

10 world toward the United States, United States citi11 zens, and United States foreign policy, and make ap12 propriate recommendations. 

13 ‘‘(B) The Commission shall submit to the Sec14 retary and the Committee on Foreign Affairs of the 

15 House of Representatives and the Committee on 

16 Foreign Relations of the Senate a comprehensive re17 port of each study required under subparagraph (A). 

18 At the discretion of the Commission, any report 

19 under this subsection may be submitted in classified 

20 form or with a classified appendix. 

21 ‘‘(C) Upon request of the Commission, the Sec22 retary, the Chair of the Broadcasting Board of Gov23 ernors, and the head of any other Federal agency 

24 that conducts public diplomacy or strategic commu25 nications activities shall provide to the Commission 


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1 information to assist the Commission in carrying out 

2 its responsibilities under this paragraph.’’. 

3 (c) ENHANCING THE EXPERTISE OF THE UNITED

4 STATES ADVISORY COMMISSION ON PUBLIC DIPLO5 MACY.— 

6 (1) QUALIFICATIONS OF MEMBERS.—Section 

7 604(a)(2) of the United States Information and 

8 Educational Exchange Act of 1948 (22 U.S.C. 

9 1469(a)(2)) is amended by adding at the end the 

10 following new sentences: ‘‘At least four members 

11 shall have substantial experience in the conduct of 

12 public diplomacy or comparable activities in the pri13 vate sector. No member may be an officer or em14 ployee of the United States.’’. 

15 (2) APPLICATION OF AMENDMENT.—The 

16 amendment made by paragraph (1) shall not apply 

17 to individuals who are members of the United States 

18 Advisory Commission on Public Diplomacy on the 

19 date of the enactment of this Act. 

20 SEC. 217. SPECIAL OLYMPICS. 

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

22 (1) Special Olympics International has been 

23 recognized for more than four decades as the world 

24 leader in providing life-changing sports training and 


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1 competition experiences for persons with intellectual 

2 disabilities at all levels of severity. 

3 (2) While Special Olympics sports programming 

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

5 are a number of supporting initiatives targeted to 

6 changing attitudes toward people with intellectual 

7 disabilities, developing leaders among the intellectual 

8 disability population, supporting families of people 

9 with these disabilities, improving access to health 

10 services, and enhancing government policies and pro11 grams for people with intellectual disabilities. 

12 (3) Special Olympics has documented the chal13 lenge of ignorance and poor attitudes toward intel14 lectual disability worldwide and its capacity to 

15 change discriminatory attitudes to understanding, 

16 acceptance, and advocacy for people with intellectual 

17 disabilities. It does so through an array of edu18 cational and attitude change activities that affect 

19 multiple levels of society. These activities have re20 ceived financial support from the Bureau of Edu21 cational and Cultural Affairs (ECA) of the Depart22 ment of State, among other sources. 

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

24 the Special Olympics Sport and Empowerment Act of 

25 2004 (Public Law 108–406) is amended, in the matter 


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1 preceding paragraph (1) by striking ‘‘Secretary of State’’ 

2 and inserting ‘‘Secretary of State, acting through the As3 sistant Secretary of State for Educational and Cultural 

4 Affairs’’. 

5 SEC. 218. EXTENSION OF PROGRAM TO PROVIDE GRANTS 

6 TO AMERICAN-SPONSORED SCHOOLS IN PRE7 DOMINANTLY MUSLIM COUNTRIES TO PRO8 VIDE SCHOLARSHIPS. 

9 Section 7113 of the Intelligence Reform and Ter10 rorism Prevention Act of 2004 (Public Law 108–458; 22 

11 U.S.C. 2452c) is amended— 

12 (1) in subsection (g)— 

13 (A) by striking ‘‘Committee on Inter14 national Relations’’ and inserting ‘‘Committee 

15 on Foreign Affairs’’; and 

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

17 15, 2008’’ and inserting ‘‘June 15, 2010, and 

18 June 15, 2011’’; and 

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

20 2008’’ and inserting ‘‘2010 and 2011’’. 

21 SEC. 219. CENTRAL ASIA SCHOLARSHIP PROGRAM FOR 

22 PUBLIC POLICY INTERNSHIPS. 

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

24 educational and cultural exchange programs of the De25 partment of State, the Secretary of State shall establish 


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1 a pilot program for fiscal years 2010 and 2011 to award 

2 scholarships to undergraduate and graduate students from 

3 Central Asia for public policy internships in the United 

4 States. Subject to the availability of appropriations, for 

5 each fiscal year not more than 50 students may partici6 pate in the program established under this section. 

7 (b) GENERAL PROVISIONS.— 

8 (1) IN GENERAL.—Except as otherwise pro9 vided in this section, the program established pursu10 ant to subsection (a) shall be carried out under ap11 plicable provisions of the United States Information 

12 and Educational Exchange Act of 1948 (22 U.S.C. 

13 1431 et seq.) and the Mutual Educational and Cul14 tural Exchange Act of 1961 (22 U.S.C. 2451 et 

15 seq.; also referred to as the ‘‘Fulbright-Hays Act’’). 

16 (2) SCHOLARSHIP ELIGIBILITY REQUIRE17 MENTS.—In addition to such other requirements as 

18 may be established by the Secretary of State, a 

19 scholarship recipient under this section— 

20 (A) shall be proficient in the English lan21 guage; 

22 (B) shall be a student at an undergraduate 

23 or graduate school level at an accredited insti24 tution of higher education with a record of outVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 standing academic achievement and dem2 onstrated intellectual abilities; 

3 (C) may not have received an academic 

4 scholarship or grant from the United States 

5 Government in the three years preceding the 

6 award of a scholarship under this section; and 

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

8 a foreign terrorist organization (as designated 

9 by the Secretary of State in accordance with 

10 section 219(a) of the Immigration and Nation11 ality Act (8 U.S.C. 1189(a))) or involved in or12 ganized crime. 

13 (3) INTERNSHIPS.—Internships under this sec14 tion shall be for periods of not more than six 

15 months. 

16 (4) PRIORITY CONSIDERATION.—In the award 

17 of internships under this section, the Secretary of 

18 State shall give priority consideration to students 

19 who are underprivileged or members of ethnic, reli20 gious, or cultural minorities. 

21 (5) CENTRAL ASIA DEFINED.—For the pur22 poses of this section, the term ‘‘Central Asia’’ means 

23 the countries of Kazakhstan, Kyrgyzstan, Tajikistan, 

24 Turkmenistan, and Uzbekistan. 


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1 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amounts authorized to be appropriated pursuant to sec3 tion 101(4), there is authorized to be appropriated 

4 $600,000 for each of fiscal years 2010 and 2011 to carry 

5 out this section. 

6 SEC. 220. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP 

7 PROGRAM. 

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

9 (1) The United States-South Pacific Scholar10 ship Program (USSP), authorized by Congress and 

11 funded by the Bureau of Educational and Cultural 

12 Affairs of the Department of State, is a competitive, 

13 merit-based scholarship program that ensures that 

14 Pacific Islanders have an opportunity to pursue 

15 higher education in the United States and to obtain 

16 first-hand knowledge of United States institutions. 

17 (2) It is expected that these students will one 

18 day assume leadership roles in their countries. 

19 (3) As the Chairman of the Subcommittee on 

20 Territories and Insular Affairs, the late Congress21 man Phillip Burton was a voice for Pacific Island 

22 populations. 

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

24 and the elderly. 


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1 (5) Congressman Burton was one of the most 

2 brilliant and productive legislators in United States 

3 politics. 

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

5 (7) He worked every day of his life to ensure 

6 social justice and human dignity for all people. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) so that future generations will know his 

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

11 leadership and vision of Phillip Burton, especially as 

12 the Chairman of the Subcommittee on Territories 

13 and Insular Affairs, which indirectly impacted 

14 United States foreign policy in the South Pacific re15 gion, should be honored; and 

16 (2) the United States-South Pacific Scholarship 

17 Program should be renamed the Phillip Burton 

18 Scholarship Program for South Pacific Island Stu19 dents. 

20 (c) FUNDING.— 

21 (1) IN GENERAL.—Of the amounts authorized 

22 to be appropriated pursuant to section 101(4), 

23 $750,000 is authorized to be appropriated for each 

24 of fiscal years 2010 and 2011 to be made available 


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1 for the United States-South Pacific Scholarship Pro2 gram. 

3 (2) NAME.—Scholarships awarded under the 

4 Program shall be referred to as ‘‘Burton Scholar5 ships’’ and recipients of such scholarships shall be 

6 referred to as ‘‘Burton Scholars’’. 

7 SEC. 221. SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF 

8 MEXICO AND CENTRAL AND SOUTH AMERICA. 

9 Of the amounts authorized to be appropriated pursu10 ant to section 101(4), $400,000 for each of fiscal years 

11 2010 and 2011 is authorized to be appropriated for schol12 arships for secondary and post-secondary education in the 

13 United States for students from Mexico and the countries 

14 of Central and South America who are from the indige15 nous peoples of the region. 

16 SEC. 222. UNITED STATES-CARIBBEAN EDUCATIONAL EX17 CHANGE PROGRAM. 

18 (a) DEFINITIONS.—In this section: 

19 (1) APPROPRIATE CONGRESSIONAL COMMIT20 TEES.—The term ‘‘appropriate congressional com21 mittees’’ means— 

22 (A) the Committee on Foreign Affairs and 

23 the Committee on Appropriations of the House 

24 of Representatives; and 


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1 (B) the Committee on Foreign Relations 

2 and the Committee on Appropriations of the 

3 Senate. 

4 (2) CARICOM COUNTRY.—The term 

5 ‘‘CARICOM country’’— 

6 (A) means a member country of the Carib7 bean Community (CARICOM); but 

8 (B) does not include— 

9 (i) a country having observer status in 

10 CARICOM; or 

11 (ii) a country the government of which 

12 the Secretary of State has determined, for 

13 purposes of section 6(j) of the Export Ad14 ministration Act of 1979 (as continued in 

15 effect pursuant to the International Emer16 gency Economic Powers Act), section 40 of 

17 the Arms Export Control Act, section 

18 620A of the Foreign Assistance Act of 

19 1961, or any other provision of law, is a 

20 government that has repeatedly provided 

21 support for acts of international terrorism. 

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

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


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1 (4) UNITED STATES COOPERATING AGENCY.— 

2 The term ‘‘United States cooperating agency’’ 

3 means— 

4 (A) an institution of higher education (as 

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

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

7 1001(a))), including, to the maximum extent 

8 practicable, a historically Black college or uni9 versity that is a part B institution (as such 

10 term is defined in section 322(2) of such Act 

11 (20 U.S.C. 1061(2))) or a Hispanic-serving in12 stitution (as such term is defined in section 

13 502(5) of such Act (20 U.S.C. 1101a(5))); 

14 (B) a higher education association; 

15 (C) a nongovernmental organization incor16 porated in the United States; or 

17 (D) a consortium consisting of two or more 

18 such institutions, associations, or nongovern19 mental organizations. 

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

21 is authorized to establish an educational exchange pro22 gram between the United States and CARICOM countries, 

23 to be known as the ‘‘Shirley A. Chisholm United States24 Caribbean Educational Exchange Program’’, under 

25 which— 


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1 (1) secondary school students from CARICOM 

2 countries will— 

3 (A) attend a public or private secondary 

4 school in the United States; and 

5 (B) participate in activities designed to 

6 promote a greater understanding of the values 

7 and culture of the United States; and 

8 (2) undergraduate students, graduate students, 

9 post-graduate students, and scholars from 

10 CARICOM countries will— 

11 (A) attend a public or private college or 

12 university, including a community college, in 

13 the United States; and 

14 (B) participate in activities designed to 

15 promote a greater understanding of the values 

16 and culture of the United States. 

17 (c) ELEMENTS OF PROGRAM.—The program author18 ized under subsection (b) shall meet the following require19 ments: 

20 (1) The program will offer scholarships to stu21 dents and scholars based on merit and need. It is 

22 the sense of Congress that scholarships should be of23 fered to students and scholars who evidence merit, 

24 achievement, and strong potential for the studies 

25 such students and scholars wish to undertake under 


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1 the program and 60 percent of scholarships offered 

2 under the program should be based on financial 

3 need. 

4 (2) The program will seek to achieve gender 

5 equality in granting scholarships under the program. 

6 (3) Fields of study under the program will sup7 port the labor market and development needs of 

8 CARICOM countries, assuring a pool of technical 

9 experts to address such needs. 

10 (4) The program will limit participation to— 

11 (A) one year of study for secondary school 

12 students; 

13 (B) two years of study for undergraduate 

14 students; and 

15 (C) 12 months of study for graduate stu16 dents, post-graduate students, and scholars. 

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

18 time of participation in the program, but not to ex19 ceed two years, the program will require participants 

20 who are students and scholars described in sub21 section (a)(2) to— 

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

23 country and maintain residence in such coun24 try, within six months of completion of aca25 demic studies; or 


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1 (B) agree to obtain employment that di2 rectly benefits the growth, progress, and devel3 opment of one or more CARICOM countries 

4 and the people of such countries. 

5 (6) The Secretary may waive, shorten the dura6 tion, or otherwise alter the requirements of para7 graph (4) in limited circumstances of hardship, hu8 manitarian needs, for specific educational purposes, 

9 or in furtherance of the national interests of the 

10 United States. 

11 (d) ROLE OF UNITED STATES COOPERATING AGEN12 CIES.—The Secretary shall consult with United States co13 operating agencies in developing the program authorized 

14 under subsection (b). The Secretary is authorized to pro15 vide grants to United States cooperating agencies in car16 rying out the program authorized under subsection (b). 

17 (e) MONITORING AND EVALUATION OF PROGRAM.— 

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

19 and evaluate the effectiveness and efficiency of the 

20 program authorized under subsection (b). In so 

21 doing, the Secretary shall, among other things, 

22 evaluate the program’s positive or negative effects 

23 on ‘‘brain drain’’ from the participating CARICOM 

24 countries and suggest ways in which the program 

25 may be improved to promote the basic goal of alleVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 viating brain drain from the participating 

2 CARICOM countries. 

3 (2) REQUIREMENTS.—In carrying out para4 graph (1), the Secretary shall review on a regular 

5 basis— 

6 (A) financial information relating to the 

7 program; 

8 (B) budget plans for the program; 

9 (C) adjustments to plans established for 

10 the program; 

11 (D) graduation rates of participants in the 

12 program; 

13 (E) the percentage of participants who are 

14 students described in subsection (b)(1) who 

15 pursue higher education; 

16 (F) the percentage of participants who re17 turn to their home country or another 

18 CARICOM country; 

19 (G) the types of careers pursued by par20 ticipants in the program and the extent to 

21 which such careers are linked to the political, 

22 economic, and social development needs of 

23 CARICOM countries; and 

24 (H) the impact of gender, country of ori25 gin, financial need of students, and other relVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 evant factors on the data collected under sub2 paragraphs (D) through (G). 

3 (f) REPORTING REQUIREMENTS.— 

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

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

6 the Secretary of State shall submit to the appro7 priate congressional committees a report on plans to 

8 implement the program authorized under this sec9 tion. 

10 (2) MATTERS TO BE INCLUDED.—The report 

11 required by paragraph (1) shall include— 

12 (A) a plan for selecting participants in the 

13 program, including an estimate of the number 

14 of secondary school students, undergraduate 

15 students, graduate students, post-graduate stu16 dents, and scholars from each country, by edu17 cational level, who will be selected as partici18 pants in the program for each fiscal year; 

19 (B) a timeline for selecting United States 

20 cooperating agencies that will assist in imple21 menting the program; 

22 (C) a financial plan that— 

23 (i) identifies budget plans for each 

24 educational level under the program; and 


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1 (ii) identifies plans or systems to en2 sure that the costs to public school, college, 

3 and university education under the pro4 gram and the costs to private school, col5 lege, and university education under the 

6 program are reasonably allocated; and 

7 (D) a plan to provide outreach to and link8 ages with schools, colleges and universities, and 

9 nongovernmental organizations in both the 

10 United States and CARICOM countries for im11 plementation of the program. 

12 (3) UPDATES OF REPORT.— 

13 (A) IN GENERAL.—The Secretary shall 

14 submit to the appropriate congressional com15 mittees updates of the report required by para16 graph (1) for each fiscal year for which 

17 amounts are appropriated pursuant to the au18 thorization of appropriations under subsection 

19 (g). 

20 (B) MATTERS TO BE INCLUDED.—Such 

21 updates shall include the following: 

22 (i) Information on United States co23 operating agencies that are selected to as24 sist in implementing the programs author25 ized under this section. 


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1 (ii) An analysis of the positive and 

2 negative impacts the program authorized 

3 under this section will have or is having on 

4 ‘‘brain drain’’ from the participating 

5 CARICOM countries. 

6 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

7 amounts authorized to be appropriated pursuant to sec8 tion 101(4), there are authorized to be appropriated such 

9 sums as may be necessary for each of fiscal years 2010 

10 and 2011 to carry out this section. 

11 SEC. 223. EXCHANGES BETWEEN SRI LANKA AND THE 

12 UNITED STATES TO PROMOTE DIALOGUE 

13 AMONG MINORITY GROUPS IN SRI LANKA. 

14 (a) PURPOSE.—It is the purpose of this section to 

15 provide financial assistance to— 

16 (1) establish an exchange program for Sri 

17 Lankan students currently pursuing a high school 

18 degree to participate in dialogue and understanding 

19 workshops in the United States; 

20 (2) expand Sri Lankan participation in ex21 change programs of the Department of State; and 

22 (3) promote dialogue between young adults 

23 from various ethnic, religious, linguistic, and other 

24 minority groups in Sri Lanka. 

25 (b) PROGRAM.— 


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

2 establish an exchange program to provide scholar3 ships to fund exchanges to enable Sri Lankan high 

4 school students from various ethnic, religious, lin5 guistic, and other minority groups to participate in 

6 post-conflict resolution, understanding, and dialogue 

7 promotion workshops. 

8 (2) DIALOGUE WORKSHOPS.—The exchange 

9 program established under paragraph (1) shall in10 clude a dialogue workshop located in the United 

11 States for participants in such program. 

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

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

14 or partial support of living expenses in the United States 

15 for a participant in the exchange program established 

16 under subsection (b), including travel expenses to, from, 

17 and within the United States. 

18 SEC. 224. EXCHANGES BETWEEN LIBERIA AND THE UNITED 

19 STATES FOR WOMEN LEGISLATORS. 

20 (a) PURPOSE.—It is the purpose of this section to 

21 provide financial assistance to— 

22 (1) establish an exchange program for Liberian 

23 women legislators and women staff members of the 

24 Liberian Congress; 


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1 (2) expand Liberian participation in exchange 

2 programs of the Department of State; and 

3 (3) promote the advancement of women in the 

4 field of politics, with the aim of eventually reducing 

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

6 Liberia. 

7 (b) PROGRAM.—The Secretary of State shall estab8 lish an exchange program in cooperation with the Wom9 en’s Legislative Caucus in Liberia to provide scholarships 

10 to fund exchanges to enable Liberian women legislators 

11 and exceptional women Liberian Congressional staffers to 

12 encourage more women to participate in, and continue to 

13 be active in, politics and the democratic process in Liberia. 

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

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

16 or partial support of living expenses in the United States 

17 for a participant in the exchange program established 

18 under subsection (b), including travel expenses to, from, 

19 and within the United States. 

20 SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI. 

21 The Secretary of State shall develop a public diplo22 macy plan to be implemented in the event that Temporary 

23 Protected Status (TPS) is extended to Haitian nationals 

24 in the United States to effectively inform Haitians living 

25 in Haiti that— 


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1 (1) TPS only permits people already in the 

2 United States as of a specifically designated date to 

3 remain in the United States; 

4 (2) there are extraordinary dangers of travel by 

5 sea to the United States in unsafe, overcrowded ves6 sels; 

7 (3) any Haitian interdicted at sea traveling to 

8 the United States will be repatriated to Haiti; and 

9 (4) the United States will continue its large as10 sistance program to help the people of Haiti recover 

11 from recent hurricanes, restore stability, and pro12 mote economic growth. 

13 SEC. 226. TRANSFER OF THE VIETNAM EDUCATION FOUN14 DATION TO THE DEPARTMENT OF STATE. 

15 (a) IN GENERAL.—Section 204 of the Vietnam Edu16 cation Foundation Act of 2000 (Public Law 106–554) is 

17 amended to read as follows: 

18 ‘‘SEC. 204. ESTABLISHMENT. 

19 ‘‘There is established, within the Bureau of Edu20 cational and Cultural Affairs of the Department of State, 

21 the Vietnam Education Foundation (referred to in this 

22 title as the ‘Foundation’).’’. 

23 (b) REPLACEMENT OF BOARD OF DIRECTORS WITH

24 ADVISORY COMMITTEE.—Section 205 of such Act is 

25 amended to read as follows: 


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1 ‘‘SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY 

2 COMMITTEE. 

3 ‘‘(a) ESTABLISHMENT.— 

4 ‘‘(1) IN GENERAL.—There is established a Viet5 nam Education Foundation Advisory Committee (re6 ferred to in this section as the ‘Advisory Com7 mittee’), which shall provide advice to the Secretary 

8 and the Assistant Secretary for Educational and 

9 Cultural Affairs regarding the Foundation’s activi10 ties. 

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

12 shall be composed of seven members, of whom— 

13 ‘‘(A) three shall be appointed by the Sec14 retary; 

15 ‘‘(B) one shall be appointed by the major16 ity leader of the Senate; 

17 ‘‘(C) one shall be appointed by the minor18 ity leader of the Senate; 

19 ‘‘(D) one shall be appointed by the Speak20 er of the House of Representatives; and 

21 ‘‘(E) one shall be appointed by the minor22 ity leader of the House of Representatives. 

23 ‘‘(3) APPOINTMENT OF INCUMBENT MEMBERS

24 OF BOARD OF DIRECTORS.—Members appointed to 

25 the Advisory Committee under paragraph (2) may 

26 include individuals who were members of the Board 


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1 of Directors of the Foundation on the date imme2 diately preceding the date of the enactment of the 

3 Vietnam Education Foundation Amendments Act of 

4 2008. 

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

6 to the supervision and direction of the Secretary, working 

7 through the Assistant Secretary for Educational and Cul8 tural Affairs, and in consultation with the Advisory Com9 mittee established under subsection (a).’’. 

10 (c) APPOINTMENT OF EXECUTIVE DIRECTOR.—Sub11 section (a) of section 208 of such Act is amended, in the 

12 first sentence, by striking ‘‘shall be appointed’’ and insert13 ing ‘‘may be appointed’’. 

14 (d) SERVICE OF EXECUTIVE DIRECTOR TO ADVISORY

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

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

17 out’’ and inserting ‘‘Foundation, serve the Advisory Com18 mittee, and carry out’’. 

19 (e) CONFORMING AMENDMENTS.—Such Act is 

20 amended— 

21 (1) in section 203— 

22 (A) by striking paragraph (1); 

23 (B) by redesignating paragraphs (2) and 

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


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1 (C) by inserting after paragraph (2), as re2 designated, the following: 

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

4 the Secretary of State.’’; 

5 (2) in section 208— 

6 (A) in subsection (a)— 

7 (i) in the subsection heading, by strik8 ing ‘‘BOARD’’ and inserting ‘‘SECRETARY’’; 

9 and 

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

11 appears and inserting ‘‘Secretary’’; and 

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

13 and inserting ‘‘Secretary’’; and 

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

15 inserting ‘‘Secretary’’. 

16 (f) MUTUAL EDUCATIONAL AND CULTURAL EX17 CHANGE ACT OF 1961.—Section 112(a) of the Mutual 

18 Educational and Cultural Exchange Act of 1961 (22 

19 U.S.C. 2460(a)) is amended— 

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

21 end; 

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

23 the end and inserting ‘‘; and’’; and 

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


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1 ‘‘(10) programs administered by the Vietnam 

2 Education Foundation.’’. 

3 (g) TRANSFER OF FUNCTIONS.—All functions and 

4 assets of the Vietnam Education Foundation are trans5 ferred to the Bureau of Educational and Cultural Affairs 

6 of the Department of State. The Assistant Secretary for 

7 Educational and Cultural Affairs may hire personnel who 

8 were employed by the Vietnam Education Foundation on 

9 the date before the date of the enactment of this Act, and 

10 such other personnel as may be necessary to support the 

11 Foundation, in accordance with part III of title 5, United 

12 States Code. 

13 (h) SUPPORT FOR INSTITUTIONAL DEVELOPMENT IN

14 VIETNAM.— 

15 (1) GRANTS AUTHORIZED.—The Secretary of 

16 State, acting through the Assistant Secretary for 

17 Educational and Cultural Affairs, is authorized to 

18 award 1 or more grants to institutions of higher 

19 education (as defined in section 101(a) of the High20 er Education Act of 1965 (20 U.S.C. 1001(a))), 

21 which shall be used to implement graduate-level aca22 demic management programs in Vietnam. Such pro23 grams shall— 

24 (A) respond to pressing needs of Viet25 namese society; 


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1 (B) feature both teaching and research 

2 components; 

3 (C) promote the development of institu4 tional capacity in Vietnam; 

5 (D) operate according to core principles of 

6 good governance; and 

7 (E) enjoy legal autonomy from the Viet8 namese government. 

9 (2) APPLICATION.— 

10 (A) IN GENERAL.—Each institution of 

11 higher education desiring the grant under this 

12 section shall submit an application to the Sec13 retary of State at such time, in such manner, 

14 and accompanied by such information as the 

15 Secretary may reasonably require. 

16 (B) COMPETITIVE BASIS.—Each grant au17 thorized under subsection (a) shall be awarded 

18 on a competitive basis. 

19 (3) SOURCE OF GRANT FUNDS.—The Secretary 

20 of State may use funds made available to the Viet21 nam Education Foundation under section 207(c) of 

22 the Vietnam Education Foundation Act of 2000 (22 

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

24 section. 


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1 (i) EFFECTIVE DATE.—This Act and the amend2 ments made by this Act shall take effect on the date that 

3 is 90 days after the date of the enactment of this Act. 

4 Subtitle C—Consular Services and 

5 Related Matters 

6 SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT 

7 SURCHARGE. 

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

9 U.S.C. 214), is amended by— 

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

11 (2) redesignating subsection (b)(3) as sub12 section (b)(2). 

13 SEC. 232. SENSE OF CONGRESS REGARDING ADDITIONAL 

14 CONSULAR SERVICES IN MOLDOVA. 

15 It is the sense of Congress that in light of serious 

16 problems with human trafficking as well as the exception17 ally high volume of applications by citizens of Moldova to 

18 the United States Summer Work Travel program, the Sec19 retary of State should make every effort to enhance con20 sular services at the United States embassy in Chisinau, 

21 Moldova, including considering assigning an additional 

22 consular officer to such post. 

23 SEC. 233. REFORMING REFUGEE PROCESSING. 

24 (a) REFORM OF THE WORLDWIDE PROCESSING PRI25 ORITY SYSTEM.— 


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

2 revise the system for processing refugees for admis3 sion to the United States to prioritize particularly 

4 vulnerable refugees who are most urgently in need of 

5 resettlement. 

6 (2) EMBASSY AND NGO REFERRALS.—The Sec7 retary of State shall establish a training and imple8 mentation plan, including training of United States 

9 embassy and consular personnel, for ensuring that 

10 all United States embassies and consulates are 

11 equipped and enabled to refer aliens in need of re12 settlement to the United States refugee admissions 

13 program. The Secretary shall also establish a system 

14 to provide ongoing regional support, training, and 

15 communication with nongovernmental organizations 

16 that provide assistance to displaced and persecuted 

17 persons to enable such organizations to refer aliens 

18 in need of resettlement to the United States refugee 

19 admissions program. 

20 (3) OVERSEAS REFUGEE PROCESSING.—On or 

21 before October 1, 2011, the Secretary of State shall 

22 ensure that any agreement, contract, or other ar23 rangement with an organization to process refugee 

24 applicants overseas for admission to the United 

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1 ess among nongovernmental organizations with expe2 rience in the processing or resettlement of refugees 

3 in the United States. The Secretary may waive such 

4 requirement if the Secretary determines that no 

5 qualifying organization is available, competent, and 

6 authorized to operate in the country at issue or that 

7 no such organization is willing or able to do so in 

8 a cost-effective manner. 

9 (b) REFORM OF THE REFUGEE CONSULTATION

10 PROCESS.—Section 207 of the Immigration and Nation11 ality Act (8 U.S.C. 1157) is amended— 

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

13 the following new sentence: ‘‘In the event that a fis14 cal year begins without such determination having 

15 been made, there is authorized to be admitted in the 

16 first quarter of such fiscal year 25 percent of the 

17 number of refugees fixed by the President in the 

18 previous fiscal year’s determination.’’; and 

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

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

21 and inserting ‘‘discussions in person, to be com22 menced not later than June 1 of each year,’’. 

23 (c) FAMILY REUNIFICATION.— 

24 (1) MULTIPLE FORMS OF RELIEF.—Applicants 

25 for admission as refugees shall be permitted to siVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 multaneously pursue admission under any other visa 

2 categories for which such applicants may be eligible. 

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

4 child who has been separated from the birth or 

5 adoptive parents of such child and who is living in 

6 a country of asylum under the care of an alien who 

7 has been approved for admission to the United 

8 States as a refugee, such child shall be, if in the best 

9 interest of the child, deemed an unaccompanied ref10 ugee minor eligible for admission to the United 

11 States and considered for placement with such alien 

12 in the United States. Upon the child’s admission to 

13 the United States, such admission shall be charged 

14 against the numerical limitation established in ac15 cordance with the appropriate section of the Immi16 gration and Nationality Act under which such alien’s 

17 admission is charged. 

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

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

20 the Immigration and Nationality Act (8 U.S.C. 

21 1157(c)(2)(A) and 1158(b)(3)), the child of an alien 

22 who qualifies for admission as a spouse under such 

23 sections shall be entitled to the same admission sta24 tus as such spouse if accompanying, or following to 


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1 join, such spouse and if such child is otherwise ad2 missible as provided in such sections. 

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

4 and Refugee Assistance Act of 1962 (22 U.S.C. 2601) is 

5 amended— 

6 (1) in subsection (c)— 

7 (A) in paragraph (1), by striking ‘‘Presi8 dent’’ and inserting ‘‘Secretary of State’’; and 

9 (B) in paragraph (2), in the second sen10 tence— 

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

12 (ii) by striking ‘‘100,000,000’’ and in13 serting ‘‘$200,000,000’’; and 

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

15 and inserting ‘‘Secretary of State’’. 

16 (e) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) IN GENERAL.—There is authorized to be 

18 appropriated such sums as may be necessary to 

19 carry out this section, including the amendments 

20 made by this section. 

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

22 section may be construed to reduce funds or services 

23 for other refugee assistance or resettlement. 

24 (f) EFFECTIVE DATE.—This section, and the amend25 ments made by this section, shall take effect on the first 


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

2 the enactment of this section. 

3 SEC. 234. ENGLISH LANGUAGE AND CULTURAL AWARENESS 

4 TRAINING FOR APPROVED REFUGEE APPLI5 CANTS. 

6 (a) IN GENERAL.—The Secretary of State shall es7 tablish formal training programs in five overseas refugee 

8 processing regions to provide English as a second lan9 guage, cultural orientation, and work orientation training 

10 for refugees who have been approved for admission to the 

11 United States before their departure for the United 

12 States. 

13 (b) DESIGN AND IMPLEMENTATION.—In designing 

14 and implementing the training programs referred to in 

15 subsection (a), the Secretary shall ensure that nongovern16 mental organizations with direct ties to the United States 

17 refugee resettlement program are utilized in such training 

18 programs. 

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

20 shall ensure that such training programs occur within cur21 rent processing times and do not unduly delay the depar22 ture for the United States of refugees who have been ap23 proved for admission to the United States. 

24 (d) TIMELINE FOR IMPLEMENTATION AND REPORT

25 TO CONGRESS.— 


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1 (1) TIMELINE FOR IMPLEMENTATION.—Not 

2 later than one year after the date of the enactment 

3 of this Act, the Secretary shall ensure that such 

4 training programs are operating in at least one over5 seas refugee processing region, and not later than 

6 two years after the date of the enactment of this 

7 Act, such training programs are operating in each of 

8 the five overseas refugee processing regions. 

9 (2) REPORT TO CONGRESS.—Not later than 18 

10 months after the date of the enactment of this Act, 

11 the Secretary shall submit to the appropriate con12 gressional committees a report on the implementa13 tion of this section. 

14 (e) RULE OF CONSTRUCTION.—Nothing in this sec15 tion shall be construed to require that a refugee partici16 pate in such a training program as a precondition for the 

17 admission to the United States of such refugee. 

18 SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED 

19 PERSONS. 

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

21 implement policies and strategies to address the protec22 tion, resettlement, and assistance needs of Iraqi refugees 

23 and internally displaced persons (IDPs), foster long-term 

24 solutions for stabilizing the lives of such refugees and 

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1 sistance strategies to countries in the Middle East that 

2 are hosting refugees from Iraq, encourage the Government 

3 of Iraq to actively engage the problem of displaced persons 

4 and refugees and monitor its resolution of the problem, 

5 and ensure that budget requests to Congress are sufficient 

6 to meet an appropriate United States contribution to the 

7 needs of Iraqi refugees, IDPs within Iraq, and other refu8 gees in Iraq. 

9 (b) INTERAGENCY PROCESS.— 

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

11 an interagency working group to carry out the goals 

12 of subsection (a) by facilitating interagency coordi13 nation to develop and implement policies to address 

14 the needs of Iraqi refugees and IDPs. 

15 (2) COMPOSITION.—The interagency working 

16 group shall consist of appropriate high-ranking offi17 cials from the National Security Council, the De18 partment of State, the Department of Homeland Se19 curity, the United States Agency for International 

20 Development, and such other agencies as the Presi21 dent may determine. 

22 (3) ROLE OF SECRETARY OF STATE.—The Sec23 retary of State shall serve as principal liaison with 

24 the Government of Iraq, its neighboring refugee 

25 hosting countries, and the international community 


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1 to solicit and direct bilateral and multilateral con2 tributions to address the needs of Iraqi refugees, 

3 IDPs, and returned refugees as well as with non4 governmental organizations working for and on be5 half of displaced Iraqis. 

6 (c) INCREASE IN REFUGEE PROCESSING CAPAC7 ITY.—The Secretary of State should, subject to the avail8 ability of appropriations for such purpose, seek to substan9 tially increase in fiscal year 2010 the resources available 

10 to support the processing of such applicants in Iraq. 

11 (d) HUMANITARIAN ASSISTANCE.—The United 

12 States should seek to ensure that— 

13 (1) other countries make contributions to the 

14 United Nations High Commissioner on Refugees 

15 (UNHCR) and to other international organizations 

16 assisting Iraqi refugees and IDPs; 

17 (2) the United States continues to make con18 tributions that are sufficient to fund not less than 

19 50 percent of the amount requested by the UNHCR 

20 and such other international organizations in each of 

21 fiscal years 2010 and 2011; and 

22 (3) the Government of Iraq makes significant 

23 contributions to UNHCR and to other international 

24 organizations assisting Iraqi refugees and IDPs. 


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1 (e) STATEMENT OF POLICY REGARDING ENCOUR2 AGING VOLUNTARY RETURNS.—It shall be the policy of 

3 the United States to encourage Iraqi refugees to return 

4 to Iraq only when conditions permit safe, sustainable re5 turns on a voluntary basis with the coordination of the 

6 UNHCR and the Government of Iraq. 

7 (f) INTERNATIONAL COOPERATION.—The Secretary 

8 of State shall work with the international community, in9 cluding governments hosting the refugees, international 

10 organizations, nongovernmental organizations, and do11 nors, to develop a long-term, comprehensive international 

12 strategy for assistance and solutions for Iraqi refugees 

13 and IDPs, and to provide— 

14 (1) a comprehensive assessment of the needs of 

15 Iraqi refugees and IDPs, and the needs of the popu16 lations that host such refugees and IDPs; 

17 (2) assistance to international organizations as18 sisting IDPs and vulnerable persons in Iraq and 

19 Iraqi refugees in neighboring countries, including 

20 through resettlement; 

21 (3) assistance to international organizations 

22 and other relevant entities, including such organiza23 tions and entities providing psychosocial services and 

24 cash assistance, and such organizations and entities 

25 facilitating voluntary returns of displaced persons; 


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1 (4) technical assistance to the Government of 

2 Iraq to establish better systems for meeting the 

3 needs of Iraqi IDPs and refugees, and to other gov4 ernment entities, international organizations, or non5 governmental organizations developing legal frame6 works and systems to resolve land and housing claim 

7 disputes, including restitution; 

8 (5) enhanced residency protections and opportu9 nities for Iraqi refugees to work legally; and 

10 (6) increased transparency on behalf of host 

11 governments, international organizations, and non12 governmental organizations that receive assistance 

13 for Iraqi refugees and IDPs. 

14 (g) ENHANCED ACCOUNTING.—To better assess the 

15 benefits of United States assistance to Iraqi refugees and 

16 IDPs, the Secretary of State, in coordination with the Ad17 ministrator of the United States Agency for International 

18 Development, as appropriate, shall— 

19 (1) develop performance measures to fully as20 sess and report progress in achieving United States 

21 goals and objectives for Iraqi refugees and IDPs; 

22 and 

23 (2) track and report funding apportioned, obli24 gated, and expended for Iraqi refugee programs in 


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1 Jordan, Syria, Lebanon, and the other host coun2 tries, to the extent practicable. 

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

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

5 thereafter through 2011, the President shall transmit to 

6 the appropriate congressional committees a report on the 

7 implementation of this section. Such report shall include— 

8 (1) information concerning assistance and fund9 ing to host countries and international organizations 

10 and nongovernmental organizations; 

11 (2) information concerning measures taken by 

12 the United States to increase its capabilities to proc13 ess Iraqi refugees for resettlement, especially from 

14 inside Iraq; 

15 (3) an evaluation of the effectiveness of meas16 ures implemented by agencies of the Government of 

17 Iraq to assist Iraqi refugees, IDPs, and other vul18 nerable persons and to facilitate the safe and vol19 untary return of refugees; 

20 (4) an accounting of past expenditures and a 

21 report on plans for expenditures by the Government 

22 of Iraq on Iraqi refugees and IDPs; and 

23 (5) information gathered in fulfillment of sub24 section (g). 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amounts authorized to be appropriated pursuant to sec3 tion 104, there is authorized to be appropriated such sums 

4 as may be necessary to carry out this section. 

5 SEC. 236. VIDEOCONFERENCE INTERVIEWS. 

6 (a) PILOT PROGRAM.—The Secretary of State shall 

7 conduct a two-year pilot program for the processing of 

8 tourist visas which shall include the use of secure remote 

9 videoconferencing technology as a method for conducting 

10 visa interviews of applicants. 

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

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

13 than three months after the conclusion of the two-year pe14 riod referred to in such subsection, the Secretary of State 

15 shall submit to the appropriate congressional committees 

16 a report on such pilot program. Each such report shall 

17 assess the efficacy of using secure remote 

18 videoconferencing technology as a method for conducting 

19 visa interviews of applicants and include recommendations 

20 on whether or not the pilot program should be continued, 

21 broadened, or modified. 

22 SEC. 237. TIBET. 

23 (a) TIBET NEGOTIATIONS.—Section 613(a) of the 

24 Tibetan Policy Act of 2002 (Public Law 107–228; 22 

25 U.S.C. 6901 note) is amended— 


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1 (1) in paragraph (1), by inserting before the pe2 riod at the end the following: ‘‘and should coordinate 

3 with other governments in multilateral efforts to4 ward this goal’’; 

5 (2) by redesignating paragraph (2) as para6 graph (3); and 

7 (3) by inserting after paragraph (1) the fol8 lowing new paragraph: 

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

10 shall direct the National Security Council to ensure 

11 that, in accordance with this Act, United States pol12 icy on Tibet is coordinated and communicated with 

13 all Executive Branch agencies in contact with the 

14 Government of China.’’. 

15 (b) BILATERAL ASSISTANCE.—Section 616 of the Ti16 betan Policy Act of 2002 is amended— 

17 (1) by redesignating subsection (d) as sub18 section (e); and 

19 (2) by inserting after subsection (c) the fol20 lowing new subsection: 

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

22 shall provide grants to nongovernmental organizations to 

23 support sustainable economic development, cultural and 

24 historical preservation, health care, education, and envi25 ronmental sustainability projects for Tibetan communities 


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1 in the Tibet Autonomous Region and in other Tibetan 

2 communities in China, in accordance with the principles 

3 specified in subsection (e) and subject to the review and 

4 approval of the Special Coordinator for Tibetan Issues 

5 under section 621(d).’’. 

6 (c) SPECIAL COORDINATOR FOR TIBETAN ISSUES.— 

7 Section 621 of the Tibetan Policy Act of 2002 is amend8 ed— 

9 (1) in subsection (d)— 

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

11 the end; 

12 (B) by redesignating paragraph (6) as 

13 paragraph (7); and 

14 (C) by inserting after paragraph (5) the 

15 following new paragraph: 

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

17 pursuant to section 616(d);’’. 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(e) PERSONNEL.—The Secretary shall assign dedi21 cated personnel to the Office of the Special Coordinator 

22 for Tibetan Issues sufficient to assist in the management 

23 of the responsibilities of this section and section 

24 616(d)(2).’’. 


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1 (d) DIPLOMATIC REPRESENTATION RELATING TO

2 TIBET.— 

3 (1) UNITED STATES EMBASSY IN BEIJING.— 

4 (A) IN GENERAL.—The Secretary of State 

5 is authorized to establish a Tibet Section within 

6 the United States Embassy in Beijing, People’s 

7 Republic of China, for the purposes of following 

8 political, economic, and social developments in9 side Tibet, including Tibetan areas of Qinghai, 

10 Sichuan, Gansu, and Yunnan provinces, until 

11 such time as a United States consulate in Tibet 

12 is established. Such Tibet Section shall have the 

13 primary responsibility for reporting on human 

14 rights issues in Tibet and shall work in close 

15 cooperation with the Office of the Special Coor16 dinator for Tibetan Issues. The chief of such 

17 Tibet Section should be of senior rank. 

18 (B) AUTHORIZATION OF APPROPRIA19 TIONS.—Of the amounts authorized to be ap20 propriated under section 101(a), there are au21 thorized to be appropriated such sums as may 

22 be necessary for each of fiscal years 2010 and 

23 2011 to carry out this paragraph. 

24 (2) IN TIBET.—Section 618 of the Tibetan Pol25 icy Act of 2002 is amended to read as follows: 


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1 ‘‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CON2 SULATE IN LHASA, TIBET. 

3 ‘‘The Secretary shall seek to establish a United 

4 States consulate in Lhasa, Tibet, to provide services to 

5 United States citizens traveling to Tibet and to monitor 

6 political, economic, and cultural developments in Tibet, in7 cluding Tibetan areas of Qinghai, Sichuan, Gansu, and 

8 Yunnan provinces.’’. 

9 (e) RELIGIOUS PERSECUTION IN TIBET.—Section 

10 620(b) of the Tibetan Policy Act of 2002 is amended by 

11 adding before the period at the end the following: ‘‘, in12 cluding the reincarnation system of Tibetan Buddhism’’. 

13 TITLE III—ORGANIZATION AND 

14 PERSONNEL AUTHORITIES 

15 Subtitle A—Towards Modernizing 

16 the Department of State 

17 SEC. 301. TOWARDS A MORE MODERN AND EXPEDITIONARY 

18 FOREIGN SERVICE. 

19 (a) TARGETED EXPANSION OF FOREIGN SERVICE.— 

20 The Secretary of State shall expand the Foreign Service 

21 to— 

22 (1) fill vacancies, particularly those vacancies 

23 overseas that are critical to key United States for24 eign policy and national security interests, and, in 

25 particular, to prevent crises before they emerge; 


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1 (2) increase the capacity of the Department of 

2 State to assign and deploy Foreign Service officers 

3 and other personnel to prevent, mitigate, and re4 spond to international crises and instability in for5 eign countries that threaten key United States for6 eign policy and national security interests; and 

7 (3) ensure that before being assigned to assign8 ments requiring new or improved skills, members of 

9 the Foreign Service receive language, security, area, 

10 and other training that is necessary to successfully 

11 execute their responsibilities and to enable such 

12 members to obtain advanced and other education 

13 that will increase the capacity of the Foreign Service 

14 to complete its mission. 

15 (b) AUTHORIZED INCREASES.— 

16 (1) AT THE DEPARTMENT OF STATE.—The 

17 Secretary of State is authorized to hire an additional 

18 750 members of the Foreign Service (above attri19 tion) in fiscal year 2010 over the number of such 

20 members employed as of September 30, 2009, and 

21 an additional 750 members of the Foreign Service 

22 (above attrition) in fiscal year 2011 over the number 

23 of such members employed as of September 30, 

24 2010. 


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1 (2) AT USAID.—The Administrator of the 

2 United States Agency for International Development 

3 is authorized to hire an additional 350 members of 

4 the Foreign Service (above attrition) in fiscal year 

5 2010 over the number of such members employed as 

6 of September 30, 2009, and an additional 350 mem7 bers of the Foreign Service (above attrition) in fiscal 

8 year 2011 over the number of such members em9 ployed as of September 30, 2010. 

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

11 subsection shall be construed as limiting the author12 ity of the Secretary of State or the Administrator of 

13 the United States Agency for International Develop14 ment to hire personnel. 

15 (c) EXPANSION OF FUNCTIONS OF THE FOREIGN

16 SERVICE.—Section 104 of the Foreign Service Act of 

17 1980 (22 U.S.C. 3904) is amended— 

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

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

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph: 

22 ‘‘(2) work actively to prevent, mitigate, and re23 spond in a timely manner to international crises and 

24 instability in foreign countries that threaten the key 


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1 United States foreign policy and national security 

2 interests;’’. 

3 (d) WORLDWIDE AVAILABILITY.—Section 301(b) of 

4 the Foreign Service Act of 1980 (22 U.S.C. 3941(b)) is 

5 amended— 

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

7 and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2)(A) Except as provided in subparagraphs 

11 (B) and (C), at the time of entry into the Service, 

12 each member of the Service shall be available to be 

13 assigned worldwide. 

14 ‘‘(B) With respect to the medical eligibility 

15 of any applicant for appointment as a Foreign 

16 Service officer candidate, the Secretary of State 

17 shall determine such availability through appro18 priate medical examinations. If based on such 

19 examinations the Secretary determines that 

20 such applicant is ineligible to be assigned world21 wide, the Secretary may waive the worldwide 

22 availability requirement under subparagraph 

23 (A) if the Secretary determines that such waiv24 er is required to fulfill a compelling Service 

25 need. The Secretary shall establish an internal 


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1 administrative review process for medical ineli2 gibility determinations. 

3 ‘‘(C) The Secretary may also waive or re4 duce the worldwide availability requirement 

5 under subparagraph (A) if the Secretary deter6 mines, in the Secretary’s discretion, that such 

7 waiver or reduction is warranted.’’. 

8 (e) RECRUITING CANDIDATES WHO HAVE EXPERI9 ENCE IN UNSTABLE SITUATIONS.—Section 301 of the 

10 Foreign Service Act of 1980 (22 U.S.C. 3941), as amend11 ed by section 212(c) of this Act, is further amended by 

12 adding at the end the following new subsection: 

13 ‘‘(f) The fact that an applicant for appointment as 

14 a Foreign Service officer candidate has the experience of 

15 working in situations where public order has been under16 mined by instability, or where there is no civil authority 

17 that can effectively provide public safety, may be consid18 ered an affirmative factor in making such appointments.’’. 

19 (f) TRAINING.—Section 708 of the Foreign Service 

20 Act of 1980 (22 U.S.C. 4028) is amended by adding at 

21 the end the following new subsections: 

22 ‘‘(c) The Secretary of State shall ensure that mem23 bers of the Service receive training on methods for conflict 

24 mitigation and resolution and on the necessary skills to 

25 be able to function successfully where public order has 


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1 been undermined by instability or where there is no civil 

2 authority that can effectively provide public safety. 

3 ‘‘(d) The Secretary of State shall ensure that mem4 bers of the Service have opportunities during their careers 

5 to obtain advanced education and training in academic 

6 and other relevant institutions in the United States and 

7 abroad to increase the capacity of the Service to fulfill its 

8 mission.’’. 

9 SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DE10 VELOPMENT. 

11 (a) DEVELOPMENT OF NATIONAL STRATEGY ON DI12 PLOMACY AND DEVELOPMENT.— 

13 (1) IN GENERAL.—Not later than December 1, 

14 2010, the President shall develop and transmit to 

15 the appropriate congressional committees a national 

16 strategy on United States diplomacy and develop17 ment. The strategy shall include the following: 

18 (A) An identification of key objectives and 

19 missions for United States foreign policy and 

20 foreign assistance policies and programs, in21 cluding a clear statement on United States ob22 jectives for development assistance. 

23 (B) A description of the roles of civilian 

24 agencies and mechanisms for implementing 


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1 such strategy, including interagency coordina2 tion. 

3 (C) The requirements for overseas infra4 structure necessary to carry out such strategy. 

5 (D) Plans to adapt such agencies and 

6 mechanisms to changing circumstances and the 

7 role of international institutions in such strat8 egy. 

9 (E) Budget requirements to carry out such 

10 strategy. 

11 (F) Other elements of United States for12 eign policy and foreign assistance policies and 

13 programs with a view toward determining and 

14 expressing the strategy of the United States 

15 and establishing a diplomacy and development 

16 program for the next ten years. 

17 (2) RELATIONSHIP TO NATIONAL SECURITY

18 STRATEGY.—The strategy described in paragraph 

19 (1) shall be consistent with any National Security 

20 Strategy prescribed by the President pursuant to 

21 section 108 of the National Security Act of 1947 

22 (50 U.S.C. 404a) that has been issued after the date 

23 of the enactment of this Act. 

24 (b) REVIEW REQUIRED.— 


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1 (1) IN GENERAL.—Beginning in 2013, the 

2 President shall every four years, during a year fol3 lowing a year evenly divisible by four, conduct a 

4 comprehensive examination (to be known as a 

5 ‘‘Quadrennial Review of Diplomacy and Develop6 ment’’) of the national strategy for United States di7 plomacy and development described in subsection 

8 (a). 

9 (2) KEY ELEMENTS OF REVIEW.—The review 

10 described in paragraph (1) shall include the fol11 lowing: 

12 (A) A review of all elements of the strategy 

13 described in subsection (a), consistent with the 

14 most recent National Security Strategy pre15 scribed by the President pursuant to section 

16 108 of the National Security Act of 1947 (50 

17 U.S.C. 404a) that has been issued after the 

18 date of the enactment of this Act. 

19 (B) A review of the roles and responsibil20 ities of Federal departments and agencies in 

21 carrying out the strategy described in sub22 section (a) and the mechanisms for cooperation 

23 between such departments and agencies, includ24 ing the coordination of such departments and 

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1 cipal offices of such departments and agencies 

2 and offices defining sufficient capacity, re3 sources, overseas infrastructure, budget plan, 

4 and other elements of United States diplomacy 

5 and development of the United States that 

6 would be required to have a high level of con7 fidence that the United States can successfully 

8 execute the full range of missions called for in 

9 such strategy. 

10 (C) Identifying the budget plan that would 

11 be required to provide sufficient resources to 

12 execute successfully the full range of missions 

13 called for in the strategy described in sub14 section (a) at a high level of success and any 

15 additional resources required to achieve such a 

16 level of success. 

17 (D) Making recommendations that are not 

18 constrained to comply with the budget sub19 mitted to Congress by the President pursuant 

20 to section 1105(a) of title 31, United States 

21 Code. 

22 (3) INTERAGENCY COORDINATION AND CON23 SULTATION.— 

24 (A) IN GENERAL.—Each Quadrennial Re25 view of Diplomacy and Development shall take 


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1 into account the views of the Secretary of State, 

2 the Administrator of the United States Agency 

3 for International Development, the Secretary of 

4 Defense, the Secretary of the Treasury, the 

5 United States Trade Representative, and the 

6 head of any other relevant agency. 

7 (B) DELEGATION.—If the President dele8 gates the requirements of this section, the head 

9 of the Federal department or agency to whom 

10 such delegation is made shall consult with each 

11 official specified in subparagraph (A). 

12 (c) CONSULTATION WITH OUTSIDE STAKE13 HOLDERS.—In developing the strategy required under 

14 subsection (a) and conducting the review required under 

15 subsection (b), the President shall consult with private 

16 businesses, non-governmental organizations involved in di17 plomacy and development, and experts at academic insti18 tutions or institutions involved in the study of foreign pol19 icy or development matters. 

20 (d) QRDD AND CONGRESSIONAL COMMITTEES.— 

21 (1) CONSULTATION.—In developing the strat22 egy required under subsection (a) and conducting 

23 the review required under subsection (b), the Presi24 dent shall consult with the appropriate congressional 

25 committees. 


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1 (2) REPORT.—The President shall transmit to 

2 the appropriate congressional committees a report 

3 on each Quadrennial Review of Diplomacy and De4 velopment. The report shall be submitted in the year 

5 following the year in which such a Quadrennial Re6 view is conducted, but not later than the date on 

7 which the President submits the budget for the next 

8 fiscal year to Congress under section 1105(a) of title 

9 31, United States Code. The report shall include the 

10 following: 

11 (A) The results of such a Quadrennial Re12 view, including a comprehensive discussion of 

13 the national strategy for United States foreign 

14 policy and foreign assistance policies and pro15 grams, the roles and responsibilities of and 

16 strategic guidance for civilian agencies and 

17 mechanisms in implementing such strategy, the 

18 requirements for overseas infrastructure nec19 essary to carry out such strategy, plans to 

20 adapt such agencies and mechanisms to chang21 ing circumstances, and the role of international 

22 institutions in such strategy. 

23 (B) The assumed or defined objectives and 

24 missions that inform the national strategy for 


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1 United States foreign policy and foreign assist2 ance policies and programs. 

3 (C) The threats to the assumed or defined 

4 objectives and missions of the United States 

5 that were examined for the purposes of such a 

6 Quadrennial Review. 

7 (D) The assumptions used in such a Quad8 rennial Review, including assumptions relating 

9 to— 

10 (i) the capacity of United States dip11 lomatic and development personnel to re12 spond to such threats; 

13 (ii) the cooperation and capacity of al14 lies, other friendly countries, and inter15 national institutions in addressing such 

16 threats; 

17 (iii) levels of engagement in oper18 ations other than war and smaller-scale 

19 contingencies and withdrawal from such 

20 operations and contingencies; and 

21 (iv) the intensity, duration, and mili22 tary and political end-states of conflicts 

23 and smaller-scale contingencies that arise 

24 in the diplomatic and development context. 


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1 (E) The anticipated roles and missions of 

2 the reserve components available to civilian 

3 agencies, including capabilities and resources 

4 necessary to assure that such reserve compo5 nents can capably discharge such roles and mis6 sions. 

7 (F) The extent to which diplomatic and de8 velopment personnel need to be shifted to dif9 ferent regions to carry out the national strategy 

10 under subsection (a). 

11 (G) Any other matter the Secretary con12 siders appropriate. 

13 (e) INDEPENDENT PANEL ASSESSMENT.— 

14 (1) IN GENERAL.—Not later than six months 

15 before the date on which the report on a Quadren16 nial Review of Diplomacy and Development is to be 

17 transmitted under subsection (d), the President shall 

18 establish a panel to conduct an assessment of such 

19 a Quadrennial Review. 

20 (2) REPORT ON ASSESSMENT.—Not later than 

21 three months after the date on which the report on 

22 such a Quadrennial Review is transmitted under 

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1 nial Review, including an assessment of the rec2 ommendations of such a Quadrennial Review, the 

3 stated and implied assumptions incorporated in such 

4 a Quadrennial Review, and the vulnerabilities of the 

5 strategy underlying such a Quadrennial Review. 

6 (f) EXCLUSION.—Any provision in this section relat7 ing to budgets or budget plans shall not be construed to 

8 require any information on any program that is funded 

9 from accounts within budget function 050 (National De10 fense). 

11 SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED 

12 CENTER. 

13 (a) ESTABLISHMENT.—The Secretary of State, in 

14 consultation with the Administrator of the United States 

15 Agency for International Development (USAID), is au16 thorized to establish in the Department of State and under 

17 the authority of the Undersecretary for Management a 

18 Lessons Learned Center (referred to in this section as the 

19 ‘‘LLC’’) which will serve as a central organization for col20 lection, analysis, archiving, and dissemination of observa21 tions, best practices, and lessons learned by, from, and 

22 to Foreign Service officers and support personnel in the 

23 Department of State and USAID. 

24 (b) PURPOSE.—The purpose of the LLC is to in25 crease, enhance, and sustain the ability of the Department 


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1 of State and USAID to effectively carry out their missions 

2 by devising a system for the collection, analysis, archiving, 

3 and dissemination of lessons learned, improving informa4 tion sharing and learning capacity, and enabling, encour5 aging, and rewarding critical, innovative analysis. 

6 (c) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the Secretary of State shall 

8 submit to the appropriate congressional committees a re9 port on the status of efforts to establish the LLC. The 

10 report shall include recommendations— 

11 (1) concerning the regulation and structure of 

12 the LLC, including— 

13 (A) how to encourage service in the LLC; 

14 (B) how to provide for the necessary aca15 demic freedom to provide innovative, critical 

16 analysis; 

17 (C) how to ensure that the staffing of the 

18 LLC is a mix of senior and junior staff of the 

19 Foreign Service and civil service in the Depart20 ment of State and USAID; 

21 (D) the anticipated expenditures associated 

22 with the establishment of the LLC under sub23 section (a); and 

24 (E) physical structure of the LLC; and 


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1 (2) for any legislation necessary to establish the 

2 LLC. 

3 (d) DEFINITIONS.—In this section: 

4 (1) ACADEMIC FREEDOM.—The term ‘‘academic 

5 freedom’’ means the capability, capacity, and au6 thorization to produce analysis and evaluation with7 out concern for retaliation or other negative impact 

8 on the observer’s career. 

9 (2) LESSONS LEARNED.—The term ‘‘lessons 

10 learned’’ means information resulting from evalua11 tion or observation of negotiations, operations, exer12 cises, training events, or other processes and experi13 ences, particularly any corrective measures or inno14 vative techniques, that produced an improved per15 formance or increased capability. 

16 SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION. 

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

18 (1) United States diplomatic and consular mis19 sions worldwide retain over 51,000 locally employed 

20 staff under local compensation plans (LCP’s) in 

21 about 170 overseas missions. 

22 (2) The locally employed staff is the backbone 

23 of diplomatic operations, providing management, 

24 programmatic, security, maintenance, custodial, and 


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1 other services wherever the Department of State has 

2 established an overseas post. 

3 (3) Foreign Service and other United States of4 ficers who rotate in-and-out of such missions every 

5 two to three years are highly dependent on the local 

6 employees to bring them up to speed and make sure 

7 that the work of any such mission does not falter in 

8 transitions during rotations. 

9 (4) As the number of positions at such missions 

10 designated for United States officers that are not 

11 filled continues to increase, locally employed staff 

12 are called upon to assume many of the responsibil13 ities that United States staff have carried in the 

14 past. 

15 (5) Based on a survey conducted by the Office 

16 of the Inspector General (OIG) Department of 

17 State, the United States is failing to provide a com18 petitive compensation package for locally employed 

19 staff that is commensurate with their experience, 

20 technical skills, and responsibilities. 

21 (6) The Department of State OIG survey data 

22 show that the United States Government is pro23 viding salary increases that are approximately 60 

24 percent of what is the prevailing practice of the local 

25 labor market. 


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1 (7) The Department of State OIG has found 

2 numerous cases in which such missions are losing 

3 staff to other employers. The OIG has also found 

4 numerous cases where it is difficult to replace em5 ployees who left to take other jobs, particularly in 

6 countries with low unemployment rates. 

7 (b) POLICY REVIEW.—The Secretary of State shall 

8 direct a policy review to assess the adequacy of locally em9 ployed staff compensation. In carrying out such policy re10 view the Secretary shall consider the recommendations of 

11 the Office of the Inspector General of the Department of 

12 State, including the following: 

13 (1) The Bureau of Human Resources, in co14 ordination with the Office of Management, Policy, 

15 Rightsizing and Innovation, should hire an outside 

16 contractor with international experience to perform 

17 an organizational review of the Compensation Man18 agement Division of the Office of Overseas Employ19 ment to advise on the organization of the compensa20 tion management division and on how many analysts 

21 are required to handle the compensation manage22 ment responsibilities, and to recommend training 

23 and certifications the analysts should obtain. 

24 (2) The Office of Management, Policy, 

25 Rightsizing and Innovation, in coordination with the 


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1 Bureau of Human Resources and the Bureau of Re2 source Management, should ensure that the working 

3 group on locally employed staff compensation re4 views the connectivity between the activities of the 

5 Office of Overseas Employment and the Office of 

6 State Programs, Operations and Budget in the Bu7 reau of Resource Management, and makes and dis8 tributes written, documented determinations as to 

9 the data used by the two offices to make estimates 

10 of locally employed staff compensation adjustments, 

11 the timing of these activities, and the responsibility 

12 each office has for tracking implementation of locally 

13 employed staff compensation adjustments. 

14 (3) The Bureau of Human Resources, in co15 ordination with the Office of Management, Policy, 

16 Rightsizing and Innovation, should implement a lo17 cally employed staff compensation review process 

18 whereby the Office of Overseas Employment in the 

19 Bureau of Human Resources reviews and adjust 

20 each post’s salary schedule every five years based on 

21 a recent salary survey. During the intervening years, 

22 the Department should authorize cost-of-living (or 

23 inflation) adjustments based on reliable inflation 

24 data. 


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1 (4) The Bureau of Human Resources, in co2 ordination with the Office of Management, Policy, 

3 Rightsizing and Innovation, should implement a sys4 tematic process of providing comprehensive informa5 tion to diplomatic and consular missions, Depart6 ment of State offices, and agency headquarters on 

7 periodic salary survey reviews, including comprehen8 sible salary survey analysis, explanations of salary 

9 survey changes, and if appropriate, copies of the off10 the-shelf surveys for the host country. This approach 

11 should be documented and made a part of the peri12 odic process. 

13 (5) The Bureau of Human Resources, in co14 ordination with the Office of Management, Policy, 

15 Rightsizing and Innovation, the regional bureaus, 

16 and the Bureau of Resource Management, should es17 tablish, maintain, and monitor a database that 

18 tracks information related to locally employed staff 

19 compensation and adjustments, including budgetary 

20 resources, salary level ceilings calculated by the Of21 fice of Overseas Employment, salary levels requested 

22 by post, salary levels implemented, dates for these 

23 activities, and calculations of whether the Depart24 ment is meeting prevailing practice. This database 


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1 should replace the current practice of commu2 nicating salary review information by cable. 

3 (6) The Bureau of Human Resources, in co4 ordination with the Office of Management, Policy, 

5 Rightsizing and Innovation, should evaluate the pos6 sibility of using different pay setting data estab7 lishing different pay scales for blue-collar positions 

8 and for professional level positions, and should issue 

9 and distribute a written report on the findings and 

10 the possibility of implementing the findings. 

11 (7) The Office of Management, Policy, 

12 Rightsizing and Innovation should ensure that the 

13 working group on locally employed staff compensa14 tion considers the possibility of including members 

15 from other United States Government agencies that 

16 employ locally employed staff. Whether this rec17 ommendation is implemented or not, the Office of 

18 Management, Policy, Rightsizing and Innovation 

19 should document the decision in writing, and dis20 tribute the decision widely in the Department of 

21 State and to other agencies that employ locally em22 ployed staff. 

23 (8) The Office of Management, Policy, 

24 Rightsizing and Innovation should ensure that the 

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1 tion considers the possibility of centralizing decision 

2 making for locally employed staff salary increases, 

3 and, whether such is eventually implemented or not, 

4 make a determination as to its value, document the 

5 decision in writing, and distribute the decision wide6 ly in the Department of State. 

7 (9) The Bureau of Human Resources, in co8 operation with Resource Management International 

9 Cooperative Administrative Support Services, should 

10 establish a senior level interagency locally employed 

11 staff board of governors to set overall locally em12 ployed staff policy. 

13 (10) The Bureau of Human Resources should 

14 send the cable announcing the proposed salary in15 creases for locally employed staff to the attention of 

16 both the chief of mission and the management offi17 cer. 

18 (11) The Bureau of Human Resources should 

19 request a list of position titles and grades from all 

20 positions with exception rate ranges and details on 

21 the exception rate range adjustments in the 2010 

22 Locally Employed Staff Compensation Question23 naire. 

24 (c) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act, the Secretary of State shall 


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1 submit to the appropriate committees a report on the im2 plementation of this section, including a review of efforts 

3 to implement the recommendations of the Office of the 

4 Inspector General of the Department of State specified in 

5 subsection (b). 

6 Subtitle B—Foreign Service Pay 

7 Equity and Death Gratuity 

8 SEC. 311. SHORT TITLE. 

9 This subtitle may be cited as the ‘‘Foreign Service 

10 Overseas Pay Equity Act of 2009’’. 

11 SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

12 (a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 

13 (1) IN GENERAL.—Chapter 4 of the Foreign 

14 Service Act of 1980 (22 U.S.C. 3961 and following) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

17 ‘‘(a) IN GENERAL.—A member of the Service who is 

18 designated class 1 or below for purposes of section 403 

19 and whose official duty station is neither in the continental 

20 United States nor in a non-foreign area shall receive, in 

21 accordance with the phase-in schedule set forth in sub22 section (c), a locality-based comparability payment (stated 

23 as a percentage) equal to the locality-based comparability 

24 payment (stated as a percentage) that would be provided 

25 under section 5304 of title 5, United States Code, if such 


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1 member’s official duty station were in the District of Co2 lumbia. 

3 ‘‘(b) TREATMENT AS BASIC PAY.—The amount of 

4 any locality-based comparability payment which is payable 

5 to a member of the Service by virtue of this section— 

6 ‘‘(1) shall be considered to be part of the basic 

7 pay of such member— 

8 ‘‘(A) for the same purposes as provided for 

9 under section 5304(c)(2)(A) of title 5, United 

10 States Code; and 

11 ‘‘(B) for purposes of chapter 8; and 

12 ‘‘(2) shall be subject to any limitations on pay 

13 applicable to locality-based comparability payments 

14 under section 5304 of title 5, United States Code. 

15 ‘‘(c) PHASE-IN.—The locality-based comparability 

16 payment payable to a member of the Service under this 

17 section shall— 

18 ‘‘(1) beginning on the first day of the first pay 

19 period that is 90 days after the date of the enact20 ment of this subsection, be equal to 33.33 percent 

21 of the payment which would otherwise apply under 

22 subsection (a); 

23 ‘‘(2) beginning on the first day of the first pay 

24 period in April 2010, be equal to 66.67 percent of 


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1 the payment which would otherwise apply under sub2 section (a); and 

3 ‘‘(3) beginning on the first day of the first pay 

4 period in fiscal year 2012 and each subsequent fiscal 

5 year, be equal to the payment determined under sub6 section (a). 

7 ‘‘(d) NON-FOREIGN AREA DEFINED.—For purposes 

8 of this section, the term ‘non-foreign area’ has the same 

9 meaning as is given such term in regulations carrying out 

10 section 5941 of title 5, United States Code.’’. 

11 (2) CONFORMING AMENDMENT.—The table of 

12 contents set forth in section 2 of such Act is amend13 ed by inserting after the item relating to section 414 

14 the following: 

15 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.’’. 

16 (b) CONFORMING AMENDMENTS RELATING TO THE

17 FOREIGN SERVICE RETIREMENT SYSTEMS.— 

18 (1) CONTRIBUTIONS TO THE FUND.—Effective 

19 as of the first pay period beginning on or after Octo20 ber 1, 2010, section 805(a) of the Foreign Service 

21 Act of 1980 (22 U.S.C. 4045(a)) is amended— 

22 (A) in paragraph (1)— 

23 (i) in the first sentence, by striking 

24 ‘‘7.25 percent’’ and inserting ‘‘7 percent’’; 

25 and 


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1 (ii) in the second sentence, by striking 

2 ‘‘The contribution by the employing agen3 cy’’ through ‘‘and shall be made’’ and in4 serting ‘‘An equal amount shall be contrib5 uted by the employing agency’’; 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A), by striking ‘‘, 

8 plus an amount equal to .25 percent of 

9 basic pay’’; and 

10 (ii) in subparagraph (B), by striking 

11 ‘‘, plus an amount equal to .25 percent of 

12 basic pay’’; and 

13 (C) in paragraph (3), by striking all that 

14 follows ‘‘Code’’ and inserting a period. 

15 (2) COMPUTATION OF ANNUITIES.—Section 

16 806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is 

17 amended by striking ‘‘is outside the continental 

18 United States shall’’ and inserting ‘‘was outside the 

19 continental United States during the period begin20 ning on December 29, 2002, and ending on the day 

21 before the first day of the first pay period beginning 

22 on or after October 1, 2011 (or during any portion 

23 thereof), shall, to the extent that such computation 

24 is based on the basic salary or basic pay of such 

25 member for such period (or portion thereof),’’. 


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1 (3) ENTITLEMENT TO ANNUITY.—Section 

2 855(a)(3) of such Act (22 U.S.C. 4071d(a)(3)) is 

3 amended— 

4 (A) by striking ‘‘section 8414’’ and insert5 ing ‘‘section 8415’’; and 

6 (B) by striking ‘‘is outside the continental 

7 United States shall’’ and inserting ‘‘was outside 

8 the continental United States during the period 

9 beginning on December 29, 2002, and ending 

10 on the day before the first day of the first pay 

11 period beginning on or after October 1, 2011 

12 (or during any portion thereof), shall, to the ex13 tent that such computation is based on the 

14 basic salary or basic pay of such member for 

15 such period (or portion thereof),’’. 

16 (4) DEDUCTIONS AND WITHHOLDINGS FROM

17 PAY.—Section 856(a)(2) of such Act (22 U.S.C. 

18 4071e(a)(2)) is amended to read as follows: 

19 ‘‘(2) The applicable percentage under this sub20 section shall be as follows: 

‘‘Percentage Time Period 

7.5 .......................................................................... Before January 1, 

1999. 

7.75 ........................................................................ January 1, 1999, to 

December 31, 1999. 

7.9 .......................................................................... January 1, 2000, to 

December 31, 2000. 


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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.’’. 

1 (c) REPORTING REQUIREMENTS.— 

2 (1) IN GENERAL.—Not later than October 1, 

3 2010, the Secretary of State shall submit to the ap4 propriate congressional committees an assessment of 

5 all allowances provided to members of the Foreign 

6 Service under the Foreign Service Act of 1980 or 

7 under title 5, United States Code, and in particular, 

8 how such allowances have been or will be affected by 

9 the amendments to the Foreign Service Act of 1980 

10 made by this Act. 

11 (2) DEFINITION.—For purposes of this sub12 section, the term ‘‘appropriate congressional commit13 tees’’ means the Committee on Foreign Affairs of 

14 the House of Representatives and the Committee on 

15 Foreign Relations of the Senate. 

16 SEC. 313. DEATH GRATUITY. 

17 The first sentence of section 413(a) of the Foreign 

18 Service Act of 1980 (22 U.S.C. 3973(a)) is amended by 

19 striking ‘‘at the time of death’’ and inserting ‘‘at level II 

20 of the Executive Schedule under section 5313 of title 5, 


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1 United States Code, at the time of death, except that for 

2 employees compensated under local compensation plans 

3 established under section 408, the amount shall be equal 

4 to the greater of 1 year’s salary at the time of death or 

5 1 year’s salary at the highest step of the highest grade 

6 on the local compensation plan from which the employee 

7 was being paid at the time of death’’. 

8 Subtitle C—Other Organization 

9 and Personnel Matters 

10 SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PRO11 GRAM. 

12 (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title 

13 I of the Foreign Service Act of 1980 (22 U.S.C. 3981 

14 et seq.) is amended by adding at the end the following 

15 new section: 

16 ‘‘SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP 

17 PROGRAM. 

18 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

19 establish the Transatlantic Diplomatic Fellowship Pro20 gram. Under the program, the Secretary may assign a 

21 member of the Service, for not more than one year, to 

22 a position with any designated country or designated enti23 ty that permits an employee to be assigned to a position 

24 with the Department. 


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1 ‘‘(b) SALARY AND BENEFITS.—The salary and bene2 fits of a member of the Service shall be paid as described 

3 in subsection (b) of section 503 during a period in which 

4 such member is participating in the Transatlantic Diplo5 matic Fellowship Program. The salary and benefits of an 

6 employee of a designated country or designated entity par7 ticipating in such program shall be paid by such country 

8 or entity during the period in which such employee is par9 ticipating in the program. 

10 ‘‘(c) DEFINITIONS.—In this section: 

11 ‘‘(1) The term ‘designated country’ means a 

12 member country of— 

13 ‘‘(A) the North Atlantic Treaty Organiza14 tion; or 

15 ‘‘(B) the European Union. 

16 ‘‘(2) The term ‘designated entity’ means— 

17 ‘‘(A) the North Atlantic Treaty Organiza18 tion; or 

19 ‘‘(B) the European Union. 

20 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to— 

22 ‘‘(1) authorize the appointment as an officer or 

23 employee of the United States of— 

24 ‘‘(A) an individual whose allegiance is to 

25 any country, government, or foreign or interVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 national entity other than to the United States; 

2 or 

3 ‘‘(B) an individual who has not met the re4 quirements of sections 3331, 3332, 3333, and 

5 7311 of title 5, United States Code, and any 

6 other provision of law concerning eligibility for 

7 appointment as, and continuation of employ8 ment as, an officer or employee of the United 

9 States; or 

10 ‘‘(2) authorize the Secretary to assign a mem11 ber of the Service to a position with any foreign 

12 country whose laws, or foreign or international enti13 ty whose rules, require such member to give alle14 giance or loyalty to such country or entity while as15 signed to such position.’’ 

16 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

17 The Foreign Service Act of 1980 is amended— 

18 (1) in section 503 (22 U.S.C. 3983)— 

19 (A) in the section heading, by striking 

20 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN21 MENTS, OR’’; and 

22 (B) in subsection (a)(1), by inserting be23 fore the semicolon at the end the following: ‘‘, 

24 or with a foreign government under sections 

25 506 or 507’’; and 


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1 (2) in section 2, in the table of contents— 

2 (A) by striking the item relating to section 

3 503 and inserting the following new item: 

‘‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’’; and 

4 (B) by adding after the item relating to 

5 section 505 the following new item: 

‘‘Sec. 506. Transatlantic diplomatic fellowship program.’’. 

6 SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM. 

7 (a) IN GENERAL.—Chapter 5 of Title I of the For8 eign Service Act of 1980 (22 U.S.C. 3981 et seq.) is 

9 amended by adding after section 506 (as added by section 

10 311 of this Act) the following new section: 

11 ‘‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM. 

12 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

13 establish the Security Officers Exchange Program. Under 

14 the program, the Secretary may assign a member of the 

15 Service, for not more than a total of three years, to a posi16 tion with any country or international organization des17 ignated by the Secretary pursuant to subsection (c) that 

18 permits an employee to be assigned to a position with the 

19 Department. 

20 ‘‘(b) SALARY AND BENEFITS.—The salary and bene21 fits of the members of the Service shall be paid as de22 scribed in subsection (b) of section 503 during a period 

23 in which such officer is participating in the Security OffiVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 cers Exchange Program. The salary and benefits of an em2 ployee of a designated country or international organiza3 tion participating in such program shall be paid by such 

4 country or international organization during the period in 

5 which such employee is participating in the program. 

6 ‘‘(c) DESIGNATION.—The Secretary may designate a 

7 country or international organization to participate in this 

8 program if the Secretary determines that such participa9 tion is in the national security interests of the United 

10 States. 

11 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to— 

13 ‘‘(1) authorize the appointment as an officer or 

14 employee of the United States of— 

15 ‘‘(A) an individual whose allegiance is to 

16 any country, government, or foreign or inter17 national entity other than to the United States; 

18 or 

19 ‘‘(B) an individual who has not met the re20 quirements of sections 3331, 3332, 3333, and 

21 7311 of title 5, United States Code, and any 

22 other provision of law concerning eligibility for 

23 appointment as, and continuation of employ24 ment as, an officer or employee of the United 

25 States; or 


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1 ‘‘(2) authorize the Secretary to assign a mem2 ber of the Service to a position with any foreign 

3 country whose laws, or foreign or international enti4 ty whose rules, require such member to give alle5 giance or loyalty to such country or entity while as6 signed to such position.’’ 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 Section 2 of the Foreign Service Act of 1980 is amended, 

9 in the table of contents, by adding after the item relating 

10 to section 506 (as added by section 311(b)(2) of this Act) 

11 the following new item: 

‘‘Sec. 507. Security officers exchange program.’’. 

12 SEC. 323. SUSPENSION OF FOREIGN SERVICE MEMBERS 

13 WITHOUT PAY. 

14 (a) SUSPENSION.—Section 610 of the Foreign Serv15 ice Act of 1980 (22 U.S.C. 4010) is amended by adding 

16 at the end the following new subsection: 

17 ‘‘(c)(1) In order to promote the efficiency of the Serv18 ice, the Secretary may suspend a member of the Foreign 

19 Service without pay when the member’s security clearance 

20 is suspended or when there is reasonable cause to believe 

21 that the member has committed a crime for which a sen22 tence of imprisonment may be imposed. 

23 ‘‘(2) Any member of the Foreign Service for 

24 whom a suspension is proposed shall be entitled to— 


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1 ‘‘(A) written notice stating the specific rea2 sons for the proposed suspension; 

3 ‘‘(B) a reasonable time to respond orally 

4 and in writing to the proposed suspension; 

5 ‘‘(C) representation by an attorney or 

6 other representative; and 

7 ‘‘(D) a final written decision, including the 

8 specific reasons for such decision, as soon as 

9 practicable. 

10 ‘‘(3) Any member suspended under this section 

11 may file a grievance in accordance with the proce12 dures applicable to grievances under chapter 11 of 

13 this title. 

14 ‘‘(4) In the case of a grievance filed under 

15 paragraph (3)— 

16 ‘‘(A) the review by the Foreign Service 

17 Grievance Board shall be limited to a deter18 mination of whether the provisions of para19 graphs (1) and (2) have been fulfilled; and 

20 ‘‘(B) the Foreign Service Grievance Board 

21 may not exercise the authority provided under 

22 section 1106(8). 

23 ‘‘(5) In this subsection: 

24 ‘‘(A) The term ‘reasonable time’ means— 


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1 ‘‘(i) with respect to a member of the 

2 Foreign Service assigned to duty in the 

3 United States, 15 days after receiving no4 tice of the proposed suspension; and 

5 ‘‘(ii) with respect to a member of the 

6 Foreign Service assigned to duty outside 

7 the United States, 30 days after receiving 

8 notice of the proposed suspension. 

9 ‘‘(B) The term ‘suspend’ or ‘suspension’ 

10 means the placing of a member of the Foreign 

11 Service in a temporary status without duties 

12 and pay.’’. 

13 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

14 (1) AMENDMENT OF SECTION HEADING.—Such 

15 section, as amended by subsection (a) of this section, 

16 is further amended, in the section heading, by in17 serting ‘‘; SUSPENSION’’ before the period at the 

18 end. 

19 (2) CLERICAL AMENDMENT.—The item relating 

20 to such section in the table of contents in section 2 

21 of such Act is amended to read as follows: 

‘‘Sec. 610. Separation for cause; suspension.’’. 

22 SEC. 324. REPEAL OF RECERTIFICATION REQUIREMENT 

23 FOR SENIOR FOREIGN SERVICE. 

24 Section 305(d) of the Foreign Service Act of 1980 

25 (22 U.S.C. 3945(d)) is hereby repealed. 


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1 SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERV2 ICE. 

3 Section 309 of the Foreign Service Act of 1980 (22 

4 U.S.C. 3949), is amended— 

5 (1) in subsection (a), by striking ‘‘subsection 

6 (b)’’ and inserting ‘‘subsections (b) or (c)’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (3)— 

9 (i) by inserting ‘‘(A),’’ after ‘‘if’’; and 

10 (ii) by inserting before the semicolon 

11 at the end the following: ‘‘, or (B), the ca12 reer candidate is serving in the uniformed 

13 services, as defined by the Uniformed Serv14 ices Employment and Reemployment 

15 Rights Act of 1994 (38 U.S.C. 4301 et 

16 seq.), and the limited appointment expires 

17 in the course of such service’’; 

18 (B) in paragraph (4), by striking ‘‘and’’ at 

19 the end; 

20 (C) in paragraph (5), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

22 (D) by adding after paragraph (5) the fol23 lowing new paragraph: 

24 ‘‘(6) in exceptional circumstances where the 

25 Secretary determines the needs of the Service re26 quire the extension of a limited appointment (A), for 


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1 a period of time not to exceed 12 months (provided 

2 such period of time does not permit additional re3 view by the boards under section 306), or (B), for 

4 the minimum time needed to settle a grievance, 

5 claim, or complaint not otherwise provided for in 

6 this section.’’; and 

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

9 ‘‘(c) Non-career Foreign Service employees who have 

10 served five consecutive years under a limited appointment 

11 may be reappointed to a subsequent limited appointment 

12 provided there is a one year break in service between each 

13 appointment. The Secretary may in cases of special need 

14 waive the requirement for a one year break in service.’’. 

15 SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL. 

16 Section 5550b of title 5, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(c) The maximum amount of compensatory time off 

20 earned under this section may not exceed 104 hours dur21 ing any leave year (as defined by regulations established 

22 by the Office of Personnel Management).’’. 


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1 SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNU2 ITANTS. 

3 Section 824(g) of the Foreign Service Act of 1980 

4 (22 U.S.C. 4064(g)) is amended— 

5 (a) in paragraph (1)(B), by striking ‘‘to facilitate 

6 the’’ and all that follows through ‘‘Afghanistan,’’; 

7 (b) by striking paragraph (2); and 

8 (c) by redesignating paragraph (3) as paragraph (2). 

9 SEC. 328. PERSONAL SERVICES CONTRACTORS. 

10 (a) IN GENERAL.—In addition to other authorities 

11 that may be available, the Secretary of State may establish 

12 a pilot program (in this section referred to as the ‘‘pro13 gram’’) for the purpose of hiring United States citizens 

14 or aliens as personal services contractors, for service in 

15 the United States, or for service both in the United States 

16 and abroad, to respond to new or emerging needs or to 

17 augment current services. 

18 (b) CONDITIONS.—The Secretary is authorized to use 

19 the authority of subsection (a), subject to the following 

20 conditions: 

21 (1) The Secretary determines that existing per22 sonnel resources are insufficient. 

23 (2) The contract length, including options, may 

24 not exceed two years, unless the Secretary makes a 

25 finding that exceptional circumstances justify an ex26 tension of up to one additional year. 


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1 (3) Not more than a total of 200 United States 

2 citizens or aliens are employed at any one time as 

3 personal services contractors under this section. 

4 (4) This authority may only be used to obtain 

5 specialized skills or experience or to respond to ur6 gent needs. 

7 (c) STATUS OF PERSONAL SERVICE CONTRAC8 TORS.— 

9 (1) IN GENERAL.—An individual hired as a per10 sonal service contractor pursuant to this section 

11 shall not, by virtue of such hiring, be considered to 

12 be an employee of the United States Government for 

13 purposes of any law administered by the Office of 

14 Personnel Management. 

15 (2) APPLICABLE LAWS.—An individual hired as 

16 a personal service contractor pursuant to this section 

17 shall be covered, in the same manner as a similarly18 situated employee, by— 

19 (A) the Ethics in Government Act of 1978; 

20 (B) section 27 of the Office of Federal 

21 Procurement Policy Act; and 

22 (C) chapter 73 of title 5, sections 201, 

23 203, 205, 207, 208, and 209 of title 18, and 

24 section 1346 and chapter 171 of title 28, 

25 United States Code. 


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1 (3) EXCEPTION.—This subsection shall not af2 fect the determination as to whether an individual 

3 hired as a personal service contractor pursuant to 

4 this section is an employee of the United States Gov5 ernment for purposes of any Federal law not speci6 fied in paragraphs (1) and (2). 

7 (d) TERMINATION OF AUTHORITY.—The authority to 

8 award personal services contracts under the program au9 thorized by this section shall terminate on September 30, 

10 2011. A contract entered into prior to the termination 

11 date under this subsection may remain in effect until expi12 ration. 

13 SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY 

14 RIGHTS. 

15 (a) RESOURCES TO PROTECT INTELLECTUAL PROP16 ERTY RIGHTS.—The Secretary of State shall ensure that 

17 the protection in foreign countries of the intellectual prop18 erty rights of United States persons in other countries is 

19 a significant component of United States foreign policy in 

20 general and in relations with individual countries. The 

21 Secretary of State, in consultation with the Director Gen22 eral of the United States and Foreign Commercial Service 

23 and other agencies as appropriate, shall ensure that ade24 quate resources are available at diplomatic missions in any 


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1 country that is identified under section 182(a)(1) of the 

2 Trade Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure— 

3 (1) support for enforcement action against vio4 lations of the intellectual property rights of United 

5 States persons in such country; and 

6 (2) cooperation with the host government to re7 form its applicable laws, regulations, practices, and 

8 agencies to enable that government to fulfill its 

9 international and bilateral obligations with respect to 

10 intellectual property rights. 

11 (b) NEW APPOINTMENTS.—The Secretary of State, 

12 in consultation with the Director General of the United 

13 States and Foreign Commercial Service, shall appoint 10 

14 intellectual property attache ́s to serve in United States 

15 embassies or other diplomatic missions. The 10 appoint16 ments shall be in addition to personnel serving, on the 

17 date of the enactment of this Act, in the capacity of intel18 lectual property attache ́s from any department or agency 

19 of the United States at United States embassies or other 

20 diplomatic missions. 

21 (c) PRIORITY ASSIGNMENTS.— 

22 (1) IN GENERAL.—Subject to paragraph (2), in 

23 designating the embassies or other missions to which 

24 attache ́s are assigned under subsection (b), the Sec25 retary of State shall give priority to those countries 


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1 where the activities of an attache ́ may be carried out 

2 with the greatest potential benefit to reducing coun3 terfeit and pirated products in the United States 

4 market, to protecting the intellectual property rights 

5 of United States persons and their licensees, and to 

6 protecting the interests of United States persons 

7 otherwise harmed by violations of intellectual prop8 erty rights in those countries. 

9 (2) ASSIGNMENTS TO PRIORITY COUNTRIES.— 

10 In carrying out paragraph (1), the Secretary of 

11 State shall consider assigning intellectual property 

12 attache ́s— 

13 (A) to the countries that have been identi14 fied under section 182(a)(1) of the Trade Act 

15 of 1974 (19 U.S.C. 2242(a)(1)); and 

16 (B) to the country where the Organization 

17 for Economic Cooperation and Development has 

18 its headquarters. 

19 (d) DUTIES AND RESPONSIBILITIES OF INTELLEC20 TUAL PROPERTY ATTACHE ́S.—The intellectual property 

21 attache ́s appointed under subsection (b), as well as others 

22 serving as intellectual property attache ́s of any other de23 partment or agency of the United States, shall have the 

24 following responsibilities: 


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1 (1) To promote cooperation with foreign gov2 ernments in the enforcement of intellectual property 

3 laws generally, and in the enforcement of laws 

4 against counterfeiting and piracy in particular. 

5 (2) To assist United States persons holding in6 tellectual property rights, and the licensees of such 

7 United States persons, in their efforts to combat 

8 counterfeiting and piracy of their products or works 

9 within the host country, including counterfeit or pi10 rated goods exported from or transshipped through 

11 that country. 

12 (3) To chair an intellectual property protection 

13 task force consisting of representatives from all 

14 other relevant sections or bureaus of the embassy or 

15 other mission. 

16 (4) To coordinate with representatives of the 

17 embassies or missions of other countries in informa18 tion sharing, private or public communications with 

19 the government of the host country, and other forms 

20 of cooperation for the purpose of improving enforce21 ment against counterfeiting and piracy. 

22 (5) As appropriate and in accordance with ap23 plicable laws and the diplomatic status of the 

24 attache ́s, to engage in public education efforts 


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1 against counterfeiting and piracy in the host coun2 try. 

3 (6) To coordinate training and technical assist4 ance programs of the United States Government 

5 within the host country that are aimed at improving 

6 the enforcement of laws against counterfeiting and 

7 piracy. 

8 (7) To identify and promote other means to 

9 more effectively combat counterfeiting and piracy ac10 tivities under the jurisdiction of the host country. 

11 (e) TRAINING.—The Secretary of State shall ensure 

12 that each attache ́ appointed under subsection (b) is fully 

13 trained for the responsibilities of the position before as14 suming duties at the United States embassy or other mis15 sion in question. 

16 (f) COORDINATION.—The activities of intellectual 

17 property attache ́s under this section shall be carried out 

18 in coordination with the United States Intellectual Prop19 erty Enforcement Coordinator appointed under section 

20 301 of the Prioritizing Resources and Organization for In21 tellectual Property Act of 2008 (15 U.S.C. 8111). 

22 (g) REPORT TO CONGRESS.— 

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

24 submit to the Congress, not later than December 31 

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1 tion for assignment, and activities of all intellectual 

2 property attache ́s of any Federal department or 

3 agency who are serving at United States embassies 

4 or other diplomatic missions. 

5 (2) CONTENTS.—Each report under paragraph 

6 (1) shall include the following: 

7 (A) A description of the progress, or lack 

8 thereof, in the preceding year regarding the res9 olution of general and specific intellectual prop10 erty disputes in each country identified under 

11 section 182(a)(1) of the Trade Act of 1974 (19 

12 U.S.C. 2242(a)(1)), including any changes by 

13 the host government in applicable laws and reg14 ulations and their enforcement. 

15 (B) An assessment of the obstacles pre16 venting the host government of each country 

17 described in subparagraph (A) from imple18 menting adequate measures to fulfill its inter19 national and bilateral obligations with respect 

20 to intellectual property rights. 

21 (C) An assessment of the adequacy of the 

22 resources of the Department of State employed 

23 to carry out subparagraphs (A) and (B) and, if 

24 necessary, an assessment of the need for addi25 tional resources for such purposes. 


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1 (h) DEFINITIONS.—In this section: 

2 (1) COUNTERFEITING; COUNTERFEIT GOODS.— 

3 (A) COUNTERFEITING.—The term ‘‘coun4 terfeiting’’ means activities related to produc5 tion of or trafficking in goods, including pack6 aging, that bear a spurious mark or designation 

7 that is identical to or substantially indistin8 guishable from a mark or designation protected 

9 under trademark laws or related legislation. 

10 (B) COUNTERFEIT GOODS.—The term 

11 ‘‘counterfeit goods’’ means those goods de12 scribed in subparagraph (A). 

13 (2) INTELLECTUAL PROPERTY RIGHTS.—The 

14 term ‘‘intellectual property rights’’ means the rights 

15 of holders of copyrights, patents, trademarks, other 

16 forms of intellectual property, and trade secrets. 

17 (3) PIRACY; PIRATED GOODS.— 

18 (A) PIRACY.—The term ‘‘piracy’’ means 

19 activities related to production of or trafficking 

20 in unauthorized copies or phonorecords of 

21 works protected under copyright law or related 

22 legislation. 

23 (B) PIRATED GOODS.—The term ‘‘pirated 

24 goods’’ means those copies or phonorecords de25 scribed in subparagraph (A). 


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1 (4) UNITED STATES PERSON.—The term 

2 ‘‘United States person’’ means— 

3 (A) any United States resident or national, 

4 (B) any corporation, partnership, other 

5 business entity, or other organization, that is 

6 organized under the laws of the United States, 

7 and 

8 (C) any foreign subsidiary or affiliate (in9 cluding any permanent foreign establishment) 

10 of any corporation, partnership, business entity, 

11 or organization described in subparagraph (B), 

12 that is controlled in fact by such corporation, 

13 partnership, business entity, or organization, 

14 except that such term does not include an individual 

15 who resides outside the United States and is em16 ployed by an individual or entity other than an indi17 vidual or entity described in subparagraph (A), (B), 

18 or (C). 

19 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amounts authorized to be appropriated under section 101, 

21 there are authorized to be appropriated for each fiscal year 

22 such sums as may be necessary for the training and sup23 port of the intellectual property attache ́s appointed under 

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1 tual property attache ́s of any other department or agency 

2 of the United States. 

3 SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSI4 TION. 

5 (a) STATEMENT OF POLICY.—In order for the De6 partment of State to accurately represent all people in the 

7 United States, the Department must accurately reflect the 

8 diversity of the United States. 

9 (b) REPORT ON MINORITY RECRUITMENT.—Section 

10 324 of the Foreign Relations Authorization Act, Fiscal 

11 Year 2003 (Public Law 107–228) is amended— 

12 (1) in the matter preceding paragraph (1)— 

13 (A) by striking ‘‘On’’ and inserting ‘‘(a) 

14 REPORT ON MINORITY GROUPS AND

15 WOMEN.—On’’; 

16 (B) by striking ‘‘April 1, 2003, and April 

17 1, 2004,’’ and inserting ‘‘April 1, 2010, and 

18 April 1, 2011,’’; 

19 (2) in paragraphs (1) and (2), by striking ‘‘mi20 nority groups’’ each place it appears and inserting 

21 ‘‘minority groups and women’’; and 

22 (3) by adding at the end the following new sub23 section: 


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1 ‘‘(b) DEVELOPMENT OF METRICS TO EVALUATE EM2 PLOYMENT COMPOSITION.—The report required by sub3 section (a) shall also include a description of the following: 

4 ‘‘(1) The ability of current recruitment, ad5 vancement, and retention practices to attract and 

6 maintain a diverse pool of qualified individuals in 

7 sufficient numbers throughout the Department, in8 cluding in the Cooperative Education Program (also 

9 known as the ‘Student Career Experience Pro10 gram’). 

11 ‘‘(2) Efforts to develop a uniform definition, to 

12 be used throughout the Department, of diversity 

13 that is congruent with the core values and vision of 

14 the Department for the future workforce. 

15 ‘‘(3) The existence of additional metrics and 

16 milestones for evaluating the diversity plans of the 

17 Department, including the Foreign Service and Sen18 ior Foreign Service, and for facilitating future eval19 uation and oversight.’’. 

20 (c) PUBLIC AVAILABILITY.—Each report required 

21 under section 324 of the Foreign Relations Authorization 

22 Act, Fiscal Year 2003, as amended by subsection (b) of 

23 this section, shall be made available to the public on the 

24 website of the Department of State not later than 15 days 

25 after the submission to Congress of each such report. 


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1 (d) GAO REVIEW.—The Comptroller General of the 

2 United States, in consultation with the appropriate con3 gressional committees, shall conduct a review of the em4 ployment composition, recruitment, advancement, and re5 tention policies of the Department of State for women and 

6 minority groups, including the information in the reports 

7 required under section 324 of the Foreign Relations Au8 thorization Act, Fiscal Year 2003, as amended by sub9 section (b) of this section. 

10 (e) ACQUISITION.—Section 324 of the Foreign Rela11 tions Authorization Act, Fiscal Year 2003, as amended 

12 by subsection (b) of this section, is further amended by 

13 adding at the end the following new subsection: 

14 ‘‘(c) For the immediately preceding 12-month period 

15 for which the information referred to in subsection (a) is 

16 available— 

17 ‘‘(1) the numbers and percentages of small, mi18 nority-owned, or disadvantaged businesses that pro19 vide goods and services to the Department as a re20 sult of contracts with the Department during such 

21 period; 

22 ‘‘(2) the total number of such contracts; 

23 ‘‘(3) the total dollar value of such contracts; 

24 and 


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1 ‘‘(4) and the percentage value represented by 

2 such contract proportionate to the total value of all 

3 contracts held by the Department.’’. 

4 (f) USE OF FUNDS.—The provisions of section 325 

5 of the Foreign Relations Authorization Act, Fiscal Year 

6 2003 shall apply to funds authorized to be appropriated 

7 under section 101 of this Act. 

8 SEC. 331. CONTRACTING. 

9 None of the funds authorized to be appropriated by 

10 this Act, for projects initiated after the date of the enact11 ment of this Act, may be used by the Department of State 

12 to enter into any Federal contract unless such contract 

13 is entered into in accordance with title III of the Federal 

14 Property and Administrative Services Act of 1949 (41 

15 U.S.C. 251 et seq.) and the Federal Acquisition Regula16 tion, unless such contract is otherwise authorized by stat17 ute to be entered into without regard to such Act and reg18 ulation. 

19 SEC. 332. LEGISLATIVE LIAISON OFFICE OF THE DEPART20 MENT OF STATE. 

21 (a) REPORT ON IMPROVING EFFECTIVENESS OF DE22 PARTMENT OF STATE LEGISLATIVE LIAISON OFFICE.— 

23 Not later than six months after the date of the enactment 

24 of this Act, the Secretary of State shall submit to the 

25 Committee on Foreign Affairs and the Committee on 


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1 House Administration of the House of Representatives 

2 and the Committee on Foreign Relations and the Com3 mittee on Rules and Administration of the Senate a report 

4 on the mission and effectiveness of the existing Depart5 ment of State legislative liaison office. 

6 (b) REPORT CONSIDERATIONS.—The report required 

7 by subsection (a) shall consider— 

8 (1) whether the legislative liaison office has suf9 ficient resources necessary to communicate to Mem10 bers of Congress, committees, and their staffs the 

11 goals and missions of the Department of State; 

12 (2) whether current space within the office 

13 buildings of the House of Representatives as well as 

14 requested space within the office buildings of the 

15 Senate is sufficient to meet the mission of the legis16 lative liaison office; 

17 (3) whether current representational allowances 

18 are sufficient to allow the legislative liaison office to 

19 meet its mission; and 

20 (4) the feasibility of increasing personnel num21 bers in the legislative liaison office, including senior 

22 Foreign Service Officers. 

23 SEC. 333. DISCRIMINATION RELATED TO SEXUAL ORIENTA24 TION. 

25 (a) PARTNER BENEFITS.— 


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1 (1) IN GENERAL.—For purposes of the Foreign 

2 Service Act of 1980 and any other applicable provi3 sion of law, persons covered by section 511.3 of vol4 ume 14 of the Foreign Affairs Manual shall be 

5 deemed to include the same-sex domestic partner of 

6 a member of the Foreign Service (including an indi7 vidual serving in the Foreign Service on a temporary 

8 basis as a limited noncareer appointee during the pe9 riod in which such individual is so serving). This 

10 subsection shall apply to employees of the Peace 

11 Corps who are appointed as members of the Foreign 

12 Service in the same manner as this subsection and 

13 such section 511.3 applies to such members of the 

14 Foreign Service who are described in the preceding 

15 sentence. The Secretary of State shall promulgate 

16 new regulations to implement this section, including 

17 criteria to certify the eligibility for the same-sex do18 mestic partner of a Foreign Service officer for bene19 fits under this section. 

20 (2) CERTIFICATION OF ELIGIBILITY.—In order 

21 to obtain benefits and assume obligations under this 

22 Act, a member of the Foreign Service shall file an 

23 affidavit of eligibility for benefits and obligations 

24 with the Secretary of State identifying the domestic 


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1 partner of such member and certifying that such 

2 member and the domestic partner of such member— 

3 (A) are each other’s sole domestic partner 

4 and intend to remain so indefinitely; 

5 (B) are at least 18 years of age and men6 tally competent to consent to contract; 

7 (C) share responsibility for a significant 

8 measure of each other’s common welfare and fi9 nancial obligations; 

10 (D) are not married to or domestic part11 ners with anyone else; and 

12 (E) are same sex domestic partners, and 

13 not related in a way that, if the two individuals 

14 were of opposite sex, would prohibit legal mar15 riage in the State in which they reside. 

16 (b) TRACKING VIOLENCE OR CRIMINALIZATION RE17 LATED TO SEXUAL ORIENTATION.—The Assistant Sec18 retary for Democracy, Human Rights and Labor shall des19 ignate a Bureau-based officer or officers who shall be re20 sponsible for tracking violence, criminalization, and re21 strictions on the enjoyment of fundamental freedoms, con22 sistent with United States law, in foreign countries based 

23 on actual or perceived sexual orientation and gender iden24 tity. 


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1 (c) INTERNATIONAL EFFORTS TO REVISE LAWS

2 CRIMINALIZING HOMOSEXUALITY.—In keeping with the 

3 Administration’s endorsement of efforts by the United Na4 tions to decriminalize homosexuality in member states, the 

5 Secretary of State shall work though appropriate United 

6 States Government employees at United States diplomatic 

7 and consular missions to encourage the governments of 

8 other countries to reform or repeal laws of such countries 

9 criminalizing homosexuality or consensual homosexual 

10 conduct, or restricting the enjoyment of fundamental free11 doms, consistent with United States law, by homosexual 

12 individuals or organizations. 

13 (d) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

14 PRACTICES.—The Foreign Assistance Act of 1961 is 

15 amended— 

16 (1) in section 116(d) (22 U.S.C. 2151n(d))— 

17 (A) in paragraph (10), by striking ‘‘and’’ 

18 at the end; 

19 (B) in paragraph (11)— 

20 (i) in subparagraph (B), by striking 

21 ‘‘and’’ at the end; and 

22 (ii) in subparagraph (C), by striking 

23 the period at the end and inserting ‘‘; 

24 and’’; and 


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1 (C) by adding at the end the following new 

2 paragraph: 

3 ‘‘(12) wherever applicable, violence or discrimi4 nation that affects the fundamental freedoms, con5 sistent with United States law, of an individual in 

6 foreign countries that is based on actual or perceived 

7 sexual orientation and gender identity.’’; and 

8 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

9 inserting after the eighth sentence the following new 

10 sentence: ‘‘Wherever applicable, violence or discrimi11 nation that affects the fundamental freedoms, con12 sistent with United States law, of an individual in 

13 foreign countries that is based on actual or perceived 

14 sexual orientation and gender identity.’’. 

15 (e) TRAINING FOR FOREIGN SERVICE OFFICERS.— 

16 Section 708(a) of the Foreign Service Act of 1980 (22 

17 16 U.S.C. 4028(a)) is amended— 

18 (1) in the matter preceding paragraph (1), by 

19 inserting ‘‘the Secretary for Democracy, Human 

20 Rights and Labor,’’ before ‘‘Ambassador at Large’’; 

21 (2) in paragraph (2), by striking ‘‘and’’ at the 

22 end; 

23 (3) in paragraph (3), by striking the period at 

24 the end and inserting ‘‘; and’’; and 


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1 (4) by adding at the end the end the following 

2 new paragraph: 

3 ‘‘(4) instruction, in courses covering human 

4 rights reporting and advocacy work, on identifying 

5 violence or discrimination that affects the funda6 mental freedoms, consistent with United States law, 

7 of an individual that is based on actual or perceived 

8 sexual orientation and gender identity.’’. 

9 SEC. 334. OFFICE FOR GLOBAL WOMEN’S ISSUES. 

10 (a) ESTABLISHMENT.—There is established an Office 

11 for Global Women’s Issues (in this section referred to as 

12 the ‘‘Office’’) in the Office of the Secretary of State in 

13 the Department of State. The Office shall be headed by 

14 the Ambassador-at-Large (in this section referred to as 

15 the ‘‘Ambassador’’), who shall be appointed by the Presi16 dent, by and with the advice and consent of the Senate. 

17 The Ambassador shall report directly to the Secretary of 

18 State. 

19 (b) PURPOSE.—The Office shall coordinate efforts of 

20 the United States Government regarding gender integra21 tion and women’s empowerment in United States foreign 

22 policy. 

23 (c) DUTIES.— 

24 (1) IN GENERAL.—The Ambassador shall— 


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1 (A) coordinate and advise on activities, 

2 policies, programs, and funding relating to gen3 der integration and women’s empowerment 

4 internationally for all bureaus and offices of the 

5 Department of State and in the international 

6 programs of other United States Government 

7 departments and agencies; 

8 (B) design, support, and as appropriate, 

9 implement, limited projects regarding women’s 

10 empowerment internationally; 

11 (C) actively promote and advance the full 

12 integration of gender analysis into the pro13 grams, structures, processes, and capacities of 

14 all bureaus and offices of the Department of 

15 State and in the international programs of 

16 other United States Government departments 

17 and agencies; and 

18 (D) direct, as appropriate, United States 

19 Government resources to respond to needs for 

20 gender integration and women’s empowerment 

21 in United States Government foreign policies 

22 and international programs. 

23 (2) COORDINATING ROLE.—The Ambassador 

24 shall coordinate with the United States Agency for 

25 International Development and the Millennium ChalVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 lenge Corporation on all policies, programs, and 

2 funding of such agencies relating to gender integra3 tion and women’s empowerment. 

4 (3) DIPLOMATIC REPRESENTATION.—Subject to 

5 the direction of the President and the Secretary of 

6 State, the Ambassador is authorized to represent the 

7 United States in matters relevant to the status of 

8 women internationally. 

9 (d) REPORTING.—The heads of all bureaus and of10 fices of the Department of State, as appropriate, shall 

11 evaluate and monitor all women’s empowerment programs 

12 administered by such bureaus and offices and annually 

13 submit to the Ambassador a report on such programs and 

14 on policies and practices to integrate gender. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

16 amounts authorized to be appropriated under section 101, 

17 there are authorized to be appropriated such sums as may 

18 be necessary for each of fiscal years 2010 and 2011 to 

19 carry out activities under this section. Funds appropriated 

20 pursuant to this subsection shall be under the direct con21 trol of the Ambassador. 


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1 TITLE IV—INTERNATIONAL 

2 ORGANIZATIONS 

3 Subtitle A—International 

4 Leadership 

5 SEC. 401. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘United States 

7 International Leadership Act of 2009’’. 

8 SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

9 ORGANIZATIONS. 

10 (a) PROMOTIONS.— 

11 (1) IN GENERAL.—Section 603(b) of the For12 eign Service Act of 1980 (22 U.S.C. 4003) is 

13 amended, in the second sentence, by inserting before 

14 the period at the end the following: ‘‘, and should 

15 consider whether the member of the Service has 

16 served in a position whose primary responsibility is 

17 to formulate policy toward, or represent the United 

18 States at, an international organization, a multilat19 eral institution, or a broad-based multilateral nego20 tiation of an international instrument’’. 

21 (2) EFFECTIVE DATE.—The amendment made 

22 by paragraph (1) shall take effect on the date of the 

23 enactment of this Act and shall apply to members of 

24 the Foreign Service beginning on January 1, 2015. 


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1 (b) ESTABLISHMENT OF A MULTILATERAL DIPLO2 MACY CONE IN THE FOREIGN SERVICE.— 

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

4 (A) The Department of State maintains a 

5 number of United States missions both within 

6 the United States and abroad that are dedi7 cated to representing the United States to 

8 international organizations and multilateral in9 stitutions, including missions in New York, 

10 Brussels, Geneva, Rome, Montreal, Nairobi, Vi11 enna, and Paris. 

12 (B) In offices at the Harry S. Truman 

13 Building, the Department maintains a signifi14 cant number of positions in bureaus that are ei15 ther dedicated, or whose primary responsibility 

16 is, to represent the United States to such orga17 nizations and institutions or at multilateral ne18 gotiations. 

19 (C) Given the large number of positions in 

20 the United States and abroad that are dedi21 cated to multilateral diplomacy, the Department 

22 of State may be well served in developing per23 sons with specialized skills necessary to become 

24 experts in this unique form of diplomacy. 


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1 (2) REPORT.—Not later than 180 days after 

2 the date of the enactment of this Act, the Secretary 

3 of State shall submit to the appropriate congres4 sional committees a report— 

5 (A) evaluating whether a new cone should 

6 be established for the Foreign Service that con7 centrates on members of the Service who serve 

8 at international organizations and multilateral 

9 institutions or are primarily responsible for par10 ticipation in broad-based multilateral negotia11 tions of international instruments; and 

12 (B) that provides alternative mechanisms 

13 for achieving the objective of developing a core 

14 group of United States diplomats and other 

15 Government employees who have expertise and 

16 broad experience in conducting multilateral di17 plomacy. 

18 SEC. 403. IMPLEMENTATION AND ESTABLISHMENT OF OF19 FICE ON MULTILATERAL NEGOTIATIONS. 

20 (a) ESTABLISHMENT OF OFFICE.—The Secretary of 

21 State is authorized to establish, within the Bureau of 

22 International Organization Affairs, an Office on Multilat23 eral Negotiations, to be headed by a Special Representa24 tive for Multilateral Negotiations (in this section referred 

25 to as the ‘‘Special Representative’’). 


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1 (b) APPOINTMENT.—If the office referred to in sub2 section (a) is established, the Special Representative shall 

3 be appointed by the President by and with the advice and 

4 consent of the Senate and shall have the rank of Ambas5 sador-at-Large. At the discretion of the President another 

6 official at the Department may serve as the Special Rep7 resentative. The President may direct that the Special 

8 Representative report to the Assistant Secretary for Inter9 national Organization Affairs. 

10 (c) STAFFING.—The Special Representative shall 

11 have a staff of Foreign Service and civil service officers 

12 skilled in multilateral diplomacy. 

13 (d) DUTIES.—The Special Representative shall have 

14 the following responsibilities: 

15 (1) IN GENERAL.—The primary responsibility 

16 of the Special Representative shall be to assist in the 

17 organization of, and preparation for, United States 

18 participation in multilateral negotiations, including 

19 the advocacy efforts undertaken by the Department 

20 of State and other United States agencies. 

21 (2) ADVISORY ROLE.—The Special Representa22 tive shall advise the President and the Secretary of 

23 State, as appropriate, regarding advocacy at inter24 national organizations and multilateral institutions 

25 and negotiations and, in coordination with the AsVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00136 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 sistant Secretary for International Organization Af2 fairs, shall make recommendations regarding— 

3 (A) effective strategies and tactics to 

4 achieve United States policy objectives at multi5 lateral negotiations; 

6 (B) the need for and timing of high level 

7 intervention by the President, the Secretary of 

8 State, the Deputy Secretary of State, and other 

9 United States officials to secure support from 

10 key foreign government officials for the United 

11 States position at such organizations, institu12 tions, and negotiations; 

13 (C) the composition of United States dele14 gations to multilateral negotiations; and 

15 (D) liaison with Congress, international or16 ganizations, nongovernmental organizations, 

17 and the private sector on matters affecting mul18 tilateral negotiations. 

19 (3) LEADERSHIP AND MEMBERSHIP OF INTER20 NATIONAL ORGANIZATIONS.—The Special Represent21 ative, in coordination with the Assistant Secretary of 

22 International Organization Affairs, shall direct the 

23 efforts of the United States Government to reform 

24 the criteria for leadership and membership of inter25 national organizations. 


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1 (4) PARTICIPATION IN MULTILATERAL NEGO2 TIATIONS.—The Special Representative, or members 

3 of the Special Representative’s staff, may, as re4 quired by the President or the Secretary of State, 

5 serve on a United States delegation to any multilat6 eral negotiation. 

7 SEC. 404. SYNCHRONIZATION OF UNITED STATES CON8 TRIBUTIONS TO INTERNATIONAL ORGANIZA9 TIONS. 

10 Not later than 180 days after the date of the enact11 ment of this Act, the President shall transmit to the ap12 propriate congressional committees a plan on the imple13 mentation of section 404 of the Foreign Relations Author14 ization Act of 2003 (Public Law 107–228; relating to a 

15 resumption by the United States of the payment of its full 

16 contributions to certain international organizations at the 

17 beginning of each calendar year). 

18 SEC. 405. UNITED STATES ARREARAGES TO THE UNITED 

19 NATIONS. 

20 In addition to amounts otherwise available for the 

21 payment of Assessed Contributions to International Orga22 nizations and Contributions for International Peace23 keeping Activities, there is authorized to be appropriated 

24 such sums as may be necessary to pay all United States 


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1 arrearages in payments to the United Nations recognized 

2 by the United States. 

3 Subtitle B—General Provisions 

4 SEC. 411. ORGANIZATION OF AMERICAN STATES. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that— 

7 (1) multilateral diplomacy in the context of the 

8 Americas has suffered considerably in the past dec9 ade, to the direct detriment of the national interest 

10 of the United States in the region; 

11 (2) given the recent proliferation of multilateral 

12 groupings in the Americas region in which the 

13 United States in not a member, it is imperative to 

14 focus on and promote United States diplomatic ef15 forts in the Organization of American States (OAS), 

16 where the United States is a founding member and 

17 whose central tenets include democratic values con18 sidered vital for this region; 

19 (3) it is critical for the United States to imme20 diately re-establish its unique leadership voice in this 

21 region and specifically in the OAS setting; and 

22 (4) an effective way to help achieve this short 

23 term objective is to establish a fund to promote mul24 tilateral interests of the United States in the region. 

25 (b) MULTILATERAL FUND.— 


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1 (1) IN GENERAL.—There is hereby established 

2 in the Department of State a Fund to Promote 

3 Multilateralism in the Americas (referred to in this 

4 section as the ‘‘Fund’’). 

5 (2) ACTIVITIES SUPPORTED.—The Fund shall 

6 support activities that promote the multilateral in7 terests of the United States in the Americas region, 

8 including— 

9 (A) United States diplomatic activities 

10 within and related to the OAS; 

11 (B) voluntary contributions to entities and 

12 organs of the OAS to carry out programs and 

13 activities that support the interests of the 

14 United States; 

15 (C) outreach and cultural activities; 

16 (D) conferences; and 

17 (E) general advocacy for United States in18 terests. 

19 (c) ADMINISTRATION.—The Fund shall be adminis20 tered by the United States Mission to the Organization 

21 of American States, as directed by the United States Per22 manent Representative to the OAS, for use on matters 

23 that arise in the context of the OAS. 

24 (d) AUTHORIZATION.—Of the amounts authorized to 

25 be appropriated for the Administration of Foreign Affairs 


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1 pursuant to section 101, there is authorized to be appro2 priated $2,000,000 for each of fiscal years 2010 and 2011 

3 only to carry out this section. 

4 SEC. 412. PEACEKEEPING OPERATIONS CONTRIBUTIONS. 

5 Section 404(b)(2)(B) of the Foreign Relations Au6 thorization Act, Fiscal Years 1994 and 1995 (Public Law 

7 103–236) (22 U.S.C. 287e note) is amended at the end 

8 by adding the following new clause: 

9 ‘‘(vi) For assessments made during calendar years 

10 2009, 2010, and 2011, 27.1 percent.’’. 

11 SEC. 413. PACIFIC ISLANDS FORUM. 

12 It is the sense of Congress that the Secretary of State 

13 should work with the Pacific Islands Forum to find appro14 priate affiliations for representatives of American Samoa, 

15 Guam, and the Commonwealth of the Northern Mariana 

16 Islands. 

17 SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COM18 MISSIONS. 

19 (a) IN GENERAL.—Not later than one year after the 

20 date of the enactment of this Act and two years thereafter, 

21 the Secretary of State shall submit to the appropriate con22 gressional committees a report on the activities of each 

23 of the commissions specified in subsections (a), (b), and 

24 (c) of section 103. 


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1 (b) REPORT ELEMENTS.—The reports required 

2 under subsection (a) shall include information concerning 

3 the following: 

4 (1) Amounts obligated and expended during the 

5 two previous fiscal years by each of such commis6 sions. 

7 (2) A description of the projects carried out 

8 during such years by each of such commissions and 

9 a description of the management and implementa10 tion of such projects, including the use of private 

11 contractors. 

12 (3) Projects anticipated during the next two fis13 cal years related to the activities of each of such 

14 commissions because of obligations that the United 

15 States has entered into based on any treaty between 

16 the United States and another country. 

17 (c) SUBMISSION OF THE REPORTS.—The reports 

18 may be combined with the annual budget justification sub19 mitted by the President in accordance with section 

20 1105(a) of title 31, United States Code. 

21 SEC. 415. ENHANCING NUCLEAR SAFEGUARDS. 

22 (a) FINDINGS.—Congress makes the following find23 ings: 

24 (1) The Treaty on the Non-Proliferation of Nu25 clear Weapons, done at Washington, London, and 


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1 Moscow July 1, 1968, and entered into force March 

2 5, 1970 (commonly known as the ‘‘Nuclear Non3 Proliferation Treaty’’ or ‘‘NPT’’) and the safeguards 

4 system of the International Atomic Energy Agency 

5 (IAEA) are indispensable to international peace and 

6 security. 

7 (2) Congress has long supported efforts aimed 

8 at effective and efficient assurances of nuclear fuel 

9 supply, the strengthening of IAEA safeguards, and 

10 assistance to the developing world for nuclear and 

11 non-nuclear energy sources, as embodied in the Nu12 clear Non-Proliferation Act of 1978 (22 U.S.C. 3201 

13 et seq.). 

14 (3) According to some experts, global energy 

15 demand will grow by 50 percent in the next 20 

16 years, predominantly in the developing world. 

17 (4) The Government Accountability Office 

18 (GAO) stated in testimony before Congress in Sep19 tember 2006 that ‘‘while IAEA is increasingly rely20 ing on the analytical skills of its staff to detect coun21 tries’’ undeclared nuclear activities, the agency is 

22 facing a looming human capital crisis. 

23 (5) The Director General of the IAEA told the 

24 Board of Governors of the IAEA in March 2009 

25 that the ‘‘deteriorating conditions in our laboraVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 tories, for example, threaten both our ability to de2 liver our programmed, as well as our independent 

3 analytical capability’’. 

4 (6) Considerable investment is needed for the 

5 IAEA’s Safeguards Analytical Laboratory (SAL), to 

6 meet future IAEA requirements as its workload is 

7 growing, the laboratory’s infrastructure is aging, 

8 and IAEA requirements have become more demand9 ing, and while initial plans have been made for lab10 oratory enhancement and are currently pending 

11 budgetary approval (sometime in 2009), the simple 

12 fact is that, as more countries implement IAEA 

13 safeguards, many more nuclear samples come to 

14 SAL for analysis. 

15 (7) The existing funding, planning, and execu16 tion of IAEA safeguards is not sufficient to meet the 

17 predicted growth in the future of civilian nuclear 

18 power, and therefore any growth in civilian nuclear 

19 power must be evaluated against the challenges it 

20 poses to verification of the assurances of peace and 

21 security provided by the IAEA safeguards system. 

22 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

23 authorized to be appropriated $10,000,000 for the refur24 bishment or possible replacement of the IAEA’s Safe25 guards Analytical Laboratory. 


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1 (c) REPORT.—Not later than 180 days after the date 

2 of the enactment of this Act, the Secretary of State shall 

3 submit to the Committee on Foreign Affairs of the House 

4 of Representatives and the Committee on Foreign Rela5 tions of the Senate a report on the refurbishment or pos6 sible replacement of the IAEA’s Safeguards Analytical 

7 Laboratory pursuant to subsection (b). 

8 TITLE V—UNITED STATES 

9 INTERNATIONAL BROAD10 CASTING 

11 SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR 

12 INTERNATIONAL BROADCASTING. 

13 The following amounts are authorized to be appro14 priated to carry out United States international broad15 casting activities under the United States Information and 

16 Educational Exchange Act of 1948, the Radio Broad17 casting to Cuba Act, the Television Broadcasting to Cuba 

18 Act, the United States International Broadcasting Act of 

19 1994, and the Foreign Affairs Reform and Restructuring 

20 Act of 1998, and to carry out other authorities in law con21 sistent with such purposes: 

22 (1) For ‘‘International Broadcasting Oper23 ations’’, $732,187,000 for fiscal year 2010 and such 

24 sums as may be necessary for fiscal year 2011. 


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1 (2) For ‘‘Broadcasting Capital Improvements’’, 

2 $13,263,000 for fiscal year 2010 and such sums as 

3 may be necessary for fiscal year 2011. 

4 SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM. 

5 Section 504 of the Foreign Relations Authorization 

6 Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 

7 6206 note), is amended— 

8 (1) in the section heading, by striking 

9 ‘‘PILOT’’; 

10 (2) in subsection (a)— 

11 (A) by striking ‘‘pilot’’; and 

12 (B) adding at the end the following new 

13 sentence: ‘‘An individual hired as a personal 

14 service contractor pursuant to this section shall 

15 not, by virtue of such hiring, be considered to 

16 be an employee of the United States Govern17 ment for purposes of any law administered by 

18 the Office of Personnel Management.’’; 

19 (3) in subsection (b)— 

20 (A) in paragraph (4), by striking ‘‘60’’ and 

21 inserting ‘‘200’’; and 

22 (B) by adding at the end the following new 

23 paragraph: 


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1 ‘‘(5) The annual salary rate for personal serv2 ices contractors may not exceed the rate for level IV 

3 of the Executive Schedule.’’; and 

4 (4) in subsection (c), by striking ‘‘2009’’ and 

5 inserting ‘‘2011’’. 

6 SEC. 503. RADIO FREE EUROPE/RADIO LIBERTY PAY PAR7 ITY. 

8 Section 308(h)(1)(C) of the United States Inter9 national Broadcasting Act of 1994 (22 U.S.C. 

10 6207(h)(1)(C)) is amended— 

11 (1) by inserting ‘‘and one employee abroad’’ 

12 after ‘‘D.C.’’; 

13 (2) by striking ‘‘III’’ and inserting ‘‘II’’; and 

14 (3) by striking ‘‘5314’’ and inserting ‘‘5313’’. 

15 SEC. 504. EMPLOYMENT FOR INTERNATIONAL BROAD16 CASTING. 

17 Section 804(1) of the United States Information and 

18 Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) 

19 is amended by inserting after ‘‘suitably qualified United 

20 States citizens’’ the following: ‘‘(for purposes of this para21 graph, the term ‘suitably qualified United States citizens’ 

22 means those United States citizen applicants who are 

23 equally or better qualified than non-United States citizen 

24 applicants)’’. 


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1 SEC. 505. DOMESTIC RELEASE OF THE VOICE OF AMERICA 

2 FILM ENTITLED ‘‘A FATEFUL HARVEST’’. 

3 (a) IN GENERAL.—Notwithstanding section 208 of 

4 the Foreign Relations Authorization Act, Fiscal Years 

5 1986 and 1987 (22 U.S.C. 1461–1a) and section 501(b) 

6 of the United States Information and Educational Ex7 change Act of 1948 (22 U.S.C. 1461(b)), the Director of 

8 the International Broadcasting Bureau shall provide a 

9 master copy of the film entitled ‘‘A Fateful Harvest’’ to 

10 the Archivist of the United States for domestic release in 

11 accordance with subsection (b). 

12 (b) DOMESTIC RELEASE.—Upon evidence that nec13 essary United States rights and licenses have been secured 

14 by the person seeking domestic release of the film referred 

15 to in subsection (a), the Archivist shall— 

16 (1) deposit the film in the National Archives of 

17 the United States; and 

18 (2) make copies of the film available for pur19 chase and public viewing within the United States. 

20 SEC. 506. ESTABLISHING PERMANENT AUTHORITY FOR 

21 RADIO FREE ASIA. 

22 Section 309 of the United States International 

23 Broadcasting Act of 1994 (22 U.S.C. 6208) is amended— 

24 (1) in subsection (c)(2), by striking ‘‘, and shall 

25 further specify that funds to carry out the activities 


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1 of Radio Free Asia may not be available after Sep2 tember 30, 2010’’; 

3 (2) by striking subsection (f); and 

4 (3) by redesignating subsections (g) and (h) as 

5 subsection (f) and (g), respectively. 

6 TITLE VI—PEACE CORPS 

7 SEC. 601. FINDINGS; STATEMENT OF POLICY. 

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

9 (1) On October 14, 1960, then Senator John F. 

10 Kennedy addressed students on the steps of the Uni11 versity of Michigan Union to enlist their effort to 

12 make the world a better place by serving their coun13 try abroad. 

14 (2) On March 1, 1961, then President John F. 

15 Kennedy signed an Executive Order establishing a 

16 Peace Corps that was ‘‘designed to permit our peo17 ple to exercise more fully their responsibilities in the 

18 great common cause of world development’’. 

19 (3) Since its establishment, the Peace Corps 

20 has been guided by its mission to promote world 

21 peace and friendship and has sought to fulfill the 

22 following three goals: 

23 (A) To help the people of interested coun24 tries in meeting their needs for trained men 

25 and women. 


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1 (B) To promote a better understanding of 

2 Americans on the part of the peoples served. 

3 (C) To help promote a better under4 standing of other peoples on the part of Ameri5 cans. 

6 (4) Over the last 48 years, nearly 200,000 

7 Peace Corps volunteers have served in 139 countries. 

8 (5) The Peace Corps is the world’s premier 

9 international service organization dedicated to pro10 moting sustainable grassroots development by work11 ing with host communities in the areas of agri12 culture, business development, education, the envi13 ronment, health and HIV/AIDS, and youth. 

14 (6) The Peace Corps remains committed to 

15 sending well trained and well supported Peace Corps 

16 volunteers overseas to promote peace, friendship, 

17 cross-cultural awareness, and mutual understanding 

18 between the United States and other countries. The 

19 Peace Corps has an impressive record of engen20 dering good will through the service that American 

21 volunteers provide. 

22 (7) Recognizing the Peace Corps’ unique and 

23 effective role in promoting volunteer service by 

24 American citizens, President Obama and Vice Presi25 dent Biden announced their intent to double the size 


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1 of Peace Corps in an expeditious and effective man2 ner. 

3 (8) Over 13,000 Americans applied in 2008 to 

4 volunteer their service to serve the world’s poorest 

5 communities in the Peace Corps, a 16 percent in6 crease over the nearly 11,000 applications received 

7 in 2007. 

8 (9) Under current funding levels, the Peace 

9 Corps is able to provide new placements for only 

10 one-third of the American applicants seeking the op11 portunity to serve their country and the world. At 

12 the end of fiscal year 2008, there were nearly 8,000 

13 Peace Corps volunteers serving in 76 countries 

14 around the world. 

15 (b) STATEMENT OF POLICY.—It is the policy of the 

16 United States to— 

17 (1) double the number of Peace Corps volun18 teers and strengthen and improve the Peace Corps 

19 and its programs; 

20 (2) improve the coordination of Peace Corps 

21 programs with development programs of other Fed22 eral departments and agencies, without diminishing 

23 the independence of the Peace Corps; and 

24 (3) promote all types of volunteerism by Ameri25 cans in the developing world. 


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1 SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT. 

2 (a) PEACE CORPS RESPONSE PROGRAM.—The Peace 

3 Corps Act (22 U.S.C. 2501 et seq.) is amended by insert4 ing after section 5 the following new section: 

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

6 ‘‘The Director of the Peace Corps is authorized to 

7 establish a special program that assigns returned Peace 

8 Corps volunteers or other volunteers to provide short-term 

9 development or other relief assistance or to otherwise be 

10 assigned or made available to any entity referred to in sub11 section (a)(1) of section 10. The term of such service shall 

12 be less than the term of service of a volunteer under sec13 tion 5. Except to the extent determined necessary and ap14 propriate by the Director, the program established under 

15 this section may not cause a diminution in the number 

16 or quality of projects or volunteers assigned to longer term 

17 assignments under section 5.’’ 

18 (b) COORDINATION OF PEACE CORPS PROGRAMS.— 

19 Paragraph (2) of section 4(c) of the Peace Corps Act (22 

20 U.S.C. 2503(c)) is amended to read as follows: 

21 ‘‘(2) The Director of the Peace Corps shall, as 

22 appropriate and to the maximum extent practicable 

23 without diminishing any program or operational 

24 independence, work with the heads of Federal de25 partments and agencies to identify synergies and 


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1 avoid duplication of efforts with Peace Corps pro2 grams in the field and at headquarters.’’. 

3 (c) VOLUNTEER LEADERS.—Section 6 (22 U.S.C. 

4 2505) of the Peace Corps Act is amended— 

5 (1) in the matter preceding paragraph (1)— 

6 (A) by striking ‘‘and the term’’ and insert7 ing ‘‘the term’’; and 

8 (B) by inserting before the colon the fol9 lowing: ‘‘, and the term ‘partner’ means an in10 dividual identified in good faith by a volunteer 

11 leader as the long-term or committed same-sex 

12 partner of such volunteer leader’’; and 

13 (2) in paragraphs (2), (3), and (4), by inserting 

14 ‘‘, partners,’’ after ‘‘spouses’’ each place it appears. 

15 (d) READJUSTMENT ALLOWANCE.—Subsection (c) of 

16 section 5 of the Peace Corps Act (22 U.S.C. 2504(c)) is 

17 amended, in the first sentence, by striking ‘‘$125’’ and 

18 inserting ‘‘$225’’. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

20 3(b)(1) of the Peace Corps Act (22 U.S.C. 2502(b)(1)) 

21 is amended by striking ‘‘$270,000,000’’ and all that fol22 lows through the period at the end and inserting the fol23 lowing: ‘‘$400,000,000 for fiscal year 2010 and 

24 $450,000,000 for fiscal year 2011.’’. 


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1 SEC. 603. REPORT. 

2 (a) PEACE CORPS RESPONSE PROGRAM REPORT.— 

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

4 of this Act, the Director of the Peace Corps shall submit 

5 to the appropriate congressional committees a report on 

6 the Peace Corps Response Program or any similar pro7 gram developed under in accordance with section 5A of 

8 the Peace Corps Act (as added by section 602(a) of this 

9 Act), including information on the following: 

10 (1) The achievements and challenges of the 

11 Peace Corps Response Program or any similar pro12 gram since its inception as the Peace Corps Crisis 

13 Corps in 1996. 

14 (2) The goals, objectives, program areas, and 

15 growth projections for the Peace Corps Response 

16 Program or any similar program from fiscal year 

17 2010 through fiscal year 2011. 

18 (3) The process and standards for selecting 

19 partner organizations and projects for the Peace 

20 Corps Response Program or any similar program. 

21 (4) The standards and requirements used to se22 lect volunteers for service under the Peace Corps Re23 sponse Program or any similar program. 

24 (5) The measures used to evaluate projects of 

25 the Peace Corps Response Program or any similar 

26 program and the effectiveness of volunteers assigned 


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1 to such Program or similar program at achieving 

2 identified objectives. 

3 (b) ANNUAL REPORTS.—Not later than one year 

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

5 thereafter, the Director of the Peace Corps shall submit 

6 to the appropriate congressional committees a report on 

7 progress made in carrying out this section, including ef8 forts to strengthen coordination between the Peace Corps 

9 and other Federal departments and agencies carrying out 

10 development assistance programs (as required under para11 graph (2) of section 4(c) of the Peace Corps Act (22 

12 U.S.C. 2503(c)), as amended by section 602(b) of this 

13 Act). 

14 TITLE VII—SENATOR PAUL 

15 SIMON STUDY ABROAD FOUN16 DATION ACT OF 2009 

17 SEC. 701. SHORT TITLE. 

18 This Act may be cited as the ‘‘Senator Paul Simon 

19 Study Abroad Foundation Act of 2009’’. 

20 SEC. 702. FINDINGS. 

21 Congress makes the following findings: 

22 (1) According to former President George W. 

23 Bush, ‘‘America’s leadership and national security 

24 rest on our commitment to educate and prepare our 


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1 youth for active engagement in the international 

2 community.’’. 

3 (2) According to former President William J. 

4 Clinton, ‘‘Today, the defense of United States inter5 ests, the effective management of global issues, and 

6 even an understanding of our Nation’s diversity re7 quire ever-greater contact with, and understanding 

8 of, people and cultures beyond our borders.’’. 

9 (3) Congress authorized the establishment of 

10 the Commission on the Abraham Lincoln Study 

11 Abroad Fellowship Program pursuant to section 104 

12 of the Miscellaneous Appropriations and Offsets Act, 

13 2004 (division h of Public Law 108–199). Pursuant 

14 to its mandate, the Lincoln Commission has sub15 mitted to Congress and the President a report of its 

16 recommendations for greatly expanding the oppor17 tunity for students at institutions of higher edu18 cation in the United States to study abroad, with 

19 special emphasis on studying in developing nations. 

20 (4) According to the Lincoln Commission, 

21 ‘‘[s]tudy abroad is one of the major means of pro22 ducing foreign language speakers and enhancing for23 eign language learning’’ and, for that reason, ‘‘is 

24 simply essential to the [N]ation’s security.’’. 


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1 (5) Studies consistently show that United 

2 States students score below their counterparts in 

3 other advanced countries on indicators of inter4 national knowledge. This lack of global literacy is a 

5 national liability in an age of global trade and busi6 ness, global interdependence, and global terror. 

7 (6) Americans believe that it is important for 

8 their children to learn other languages, study 

9 abroad, attend a college where they can interact with 

10 international students, learn about other countries 

11 and cultures, and generally be prepared for the glob12 al age. 

13 (7) In today’s world, it is more important than 

14 ever for the United States to be a responsible, con15 structive leader that other countries are willing to 

16 follow. Such leadership cannot be sustained without 

17 an informed citizenry with significant knowledge and 

18 awareness of the world. 

19 (8) Study abroad has proven to be a very effec20 tive means of imparting international and foreign 

21 language competency to students. 

22 (9) In any given year, only approximately one 

23 percent of all students enrolled in United States in24 stitutions of higher education study abroad. 


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1 (10) Less than 10 percent of the students who 

2 graduate from United States institutions of higher 

3 education with bachelors degrees have studied 

4 abroad. 

5 (11) Far more study abroad must take place in 

6 developing countries. Ninety-five percent of the 

7 world’s population growth over the next 50 years 

8 will occur outside of Europe, yet in the academic 

9 year 2004–2005, 60 percent of United States stu10 dents studying abroad studied in Europe, and 45 

11 percent studied in four countries—the United King12 dom, Italy, Spain, and France. 

13 (12) The Final Report of the National Commis14 sion on Terrorist Attacks Upon the United States 

15 (the 9/11 Commission Report) recommended that 

16 the United States increase support for ‘‘scholarship, 

17 exchange, and library programs’’. The 9/11 Public 

18 Discourse Project, successor to the 9/11 Commis19 sion, noted in its November 14, 2005, status report 

20 that this recommendation was ‘‘unfulfilled,’’ and 

21 stated that ‘‘[t]he U.S. should increase support for 

22 scholarship and exchange programs, our most power23 ful tool to shape attitudes over the course of a gen24 eration.’’. In its December 5, 2005, Final Report on 

25 the 9/11 Commission Recommendations, the 9/11 


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1 Public Discourse Project gave the government a 

2 grade of ‘‘D’’ for its implementation of this rec3 ommendation. 

4 (13) Investing in a national study abroad pro5 gram would help turn a grade of ‘‘D’’ into an ‘‘A’’ 

6 by equipping United States students to communicate 

7 United States values and way of life through the 

8 unique dialogue that takes place among citizens 

9 from around the world when individuals study 

10 abroad. 

11 (14) An enhanced national study abroad pro12 gram could help further the goals of other United 

13 States Government initiatives to promote edu14 cational, social, and political reform and the status 

15 of women in developing and reforming societies 

16 around the world, such as the Middle East Partner17 ship Initiative. 

18 (15) To complement such worthwhile Federal 

19 programs and initiatives as the Benjamin A. Gilman 

20 International Scholarship Program, the National Se21 curity Education Program, and the National Secu22 rity Language Initiative, a broad-based under23 graduate study abroad program is needed that will 

24 make many more study abroad opportunities acces25 sible to all undergraduate students, regardless of 


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1 their field of study, ethnicity, socio-economic status, 

2 or gender. 

3 (16) To restore America’s standing in the 

4 world, President Barack Obama has said that he will 

5 call on our nation’s greatest resource, our people, to 

6 reach out to and engage with other nations. 

7 SEC. 703. PURPOSES. 

8 The purposes of this title are— 

9 (1) to significantly enhance the global competi10 tiveness and international knowledge base of the 

11 United States by ensuring that more United States 

12 students have the opportunity to acquire foreign lan13 guage skills and international knowledge through 

14 significantly expanded study abroad; 

15 (2) to enhance the foreign policy capacity of the 

16 United States by significantly expanding and diversi17 fying the talent pool of individuals with non-tradi18 tional foreign language skills and cultural knowledge 

19 in the United States who are available for recruit20 ment by United States foreign affairs agencies, leg21 islative branch agencies, and nongovernmental orga22 nizations involved in foreign affairs activities; 

23 (3) to ensure that an increasing portion of 

24 study abroad by United States students will take 

25 place in nontraditional study abroad destinations 


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1 such as the People’s Republic of China, countries of 

2 the Middle East region, and developing countries; 

3 and 

4 (4) to create greater cultural understanding of 

5 the United States by exposing foreign students and 

6 their families to United States students in countries 

7 that have not traditionally hosted large numbers of 

8 United States students. 

9 SEC. 704. DEFINITIONS. 

10 In this title: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means— 

14 (A) the Committee on Foreign Affairs and 

15 the Committee on Appropriations of the House 

16 of Representatives; and 

17 (B) the Committee on Foreign Relations 

18 and the Committee on Appropriations of the 

19 Senate. 

20 (2) BOARD.—The term ‘‘Board’’ means the 

21 Board of Directors of the Foundation established 

22 pursuant to section 705(d). 

23 (3) CHIEF EXECUTIVE OFFICER.—The term 

24 ‘‘Chief Executive Officer’’ means the chief executive 


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1 officer of the Foundation appointed pursuant to sec2 tion 705(c). 

3 (4) FOUNDATION.—The term ‘‘Foundation’’ 

4 means the Senator Paul Simon Study Abroad Foun5 dation established by section 705(a). 

6 (5) INSTITUTION OF HIGHER EDUCATION.—The 

7 term ‘‘institution of higher education’’ has the 

8 meaning given the term in section 101(a) of the 

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

10 (6) NATIONAL OF THE UNITED STATES.—The 

11 term ‘‘national of the United States’’ means a na12 tional of the United States or an alien lawfully ad13 mitted for permanent residence (as those terms are 

14 defined in section 101 of the Immigration and Na15 tionality Act (8 U.S.C. 1101)). 

16 (7) NONTRADITIONAL STUDY ABROAD DESTINA17 TION.—The term ‘‘nontraditional study abroad des18 tination’’ means a location that is determined by the 

19 Foundation to be a less common destination for 

20 United States students who study abroad. 

21 (8) STUDY ABROAD.—The term ‘‘study abroad’’ 

22 means an educational program of study, work, re23 search, internship, or combination thereof that is 

24 conducted outside the United States and that carries 


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1 academic credit toward fulfilling the participating 

2 student’s degree requirements. 

3 (9) UNITED STATES.—The term ‘‘United 

4 States’’ means any of the several States, the District 

5 of Columbia, Puerto Rico, the Northern Mariana Is6 lands, the Virgin Islands, Guam, American Samoa, 

7 and any other territory or possession of the United 

8 States. 

9 (10) UNITED STATES STUDENT.—The term 

10 ‘‘United States student’’ means a national of the 

11 United States who is enrolled at an institution of 

12 higher education located within the United States. 

13 SEC. 705. ESTABLISHMENT AND MANAGEMENT OF THE 

14 SENATOR PAUL SIMON STUDY ABROAD FOUN15 DATION. 

16 (a) ESTABLISHMENT.— 

17 (1) IN GENERAL.—There is established in the 

18 executive branch a corporation to be known as the 

19 ‘‘Senator Paul Simon Study Abroad Foundation’’ 

20 that shall be responsible for carrying out this title. 

21 The Foundation shall be a government corporation, 

22 as defined in section 103 of title 5, United States 

23 Code. 


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1 (2) BOARD OF DIRECTORS.—The Foundation 

2 shall be governed by a Board of Directors in accord3 ance with subsection (d). 

4 (3) INTENT OF CONGRESS.—It is the intent of 

5 Congress in establishing the structure of the Foun6 dation set forth in this subsection to create an entity 

7 that will administer a study abroad program that— 

8 (A) serves the long-term foreign policy and 

9 national security needs of the United States; 

10 but 

11 (B) operates independently of short-term 

12 political and foreign policy considerations. 

13 (b) MANDATE OF FOUNDATION.—In administering 

14 the program referred to in subsection (a)(3), the Founda15 tion shall— 

16 (1) promote the objectives and purposes of this 

17 title; 

18 (2) through responsive, flexible grant-making, 

19 promote access to study abroad opportunities by 

20 United States students at diverse institutions of 

21 higher education, including two-year institutions, mi22 nority-serving institutions, and institutions that 

23 serve nontraditional students; 

24 (3) through creative grant-making, promote ac25 cess to study abroad opportunities by diverse United 


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1 States students, including minority students, stu2 dents of limited financial means, and nontraditional 

3 students; 

4 (4) solicit funds from the private sector to sup5 plement funds made available under this title; and 

6 (5) minimize administrative costs and maximize 

7 the availability of funds for grants under this title. 

8 (c) CHIEF EXECUTIVE OFFICER.— 

9 (1) IN GENERAL.—There shall be in the Foun10 dation a Chief Executive Officer who shall be re11 sponsible for the management of the Foundation. 

12 (2) APPOINTMENT.—The Chief Executive Offi13 cer shall be appointed by the Board and shall be a 

14 recognized leader in higher education, business, or 

15 foreign policy, chosen on the basis of a rigorous 

16 search. 

17 (3) RELATIONSHIP TO BOARD.—The Chief Ex18 ecutive Officer shall report to and be under the di19 rect authority of the Board. 

20 (4) COMPENSATION AND RANK.— 

21 (A) IN GENERAL.—The Chief Executive 

22 Officer shall be compensated at the rate pro23 vided for level IV of the Executive Schedule 

24 under section 5315 of title 5, United States 

25 Code. 


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1 (B) AMENDMENT.—Section 5315 of title 

2 5, United States Code, is amended by adding at 

3 the end the following: ‘‘Chief Executive Officer, 

4 Senator Paul Simon Study Abroad Founda5 tion.’’. 

6 (5) AUTHORITIES AND DUTIES.—The Chief Ex7 ecutive Officer shall be responsible for the manage8 ment of the Foundation and shall exercise the pow9 ers and discharge the duties of the Foundation. 

10 (6) AUTHORITY TO APPOINT OFFICERS.—In 

11 consultation and with approval of the Board, the 

12 Chief Executive Officer shall appoint all officers of 

13 the Foundation. 

14 (d) BOARD OF DIRECTORS.— 

15 (1) ESTABLISHMENT.—There shall be in the 

16 Foundation a Board of Directors. 

17 (2) DUTIES.—The Board shall perform the 

18 functions specified to be carried out by the Board in 

19 this title and may prescribe, amend, and repeal by20 laws, rules, regulations, and procedures governing 

21 the manner in which the business of the Foundation 

22 may be conducted and in which the powers granted 

23 to it by law may be exercised. 

24 (3) MEMBERSHIP.—The Board shall consist 

25 of— 


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1 (A) the Secretary of State (or the Sec2 retary’s designee), the Secretary of Education 

3 (or the Secretary’s designee), the Secretary of 

4 Defense (or the Secretary’s designee), and the 

5 Administrator of the United States Agency for 

6 International Development (or the Administra7 tor’s designee); and 

8 (B) five other individuals with relevant ex9 perience in matters relating to study abroad 

10 (such as individuals who represent institutions 

11 of higher education, business organizations, for12 eign policy organizations, or other relevant or13 ganizations) who shall be appointed by the 

14 President, by and with the advice and consent 

15 of the Senate, of which— 

16 (i) one individual shall be appointed 

17 from among a list of individuals submitted 

18 by the majority leader of the House of 

19 Representatives; 

20 (ii) one individual shall be appointed 

21 from among a list of individuals submitted 

22 by the minority leader of the House of 

23 Representatives; 


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1 (iii) one individual shall be appointed 

2 from among a list of individuals submitted 

3 by the majority leader of the Senate; and 

4 (iv) one individual shall be appointed 

5 from among a list of individuals submitted 

6 by the minority leader of the Senate. 

7 (4) CHIEF EXECUTIVE OFFICER.—The Chief 

8 Executive Officer of the Foundation shall serve as a 

9 non-voting, ex-officio member of the Board. 

10 (5) TERMS.— 

11 (A) OFFICERS OF THE FEDERAL GOVERN12 MENT.—Each member of the Board described 

13 in paragraph (3)(A) shall serve for a term that 

14 is concurrent with the term of service of the in15 dividual’s position as an officer within the other 

16 Federal department or agency. 

17 (B) OTHER MEMBERS.—Each member of 

18 the Board described in paragraph (3)(B) shall 

19 be appointed for a term of three years and may 

20 be reappointed for one additional three-year 

21 term. 

22 (C) VACANCIES.—A vacancy in the Board 

23 shall be filled in the manner in which the origi24 nal appointment was made. 


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1 (6) CHAIRPERSON.—There shall be a Chair2 person of the Board. The Secretary of State (or the 

3 Secretary’s designee) shall serve as the Chairperson. 

4 (7) QUORUM.—A majority of the members of 

5 the Board described in paragraph (3) shall con6 stitute a quorum, which, except with respect to a 

7 meeting of the Board during the 135-day period be8 ginning on the date of the enactment of this Act, 

9 shall include at least one member of the Board de10 scribed in paragraph (3)(B). 

11 (8) MEETINGS.—The Board shall meet at the 

12 call of the Chairperson. 

13 (9) COMPENSATION.— 

14 (A) OFFICERS OF THE FEDERAL GOVERN15 MENT.— 

16 (i) IN GENERAL.—A member of the 

17 Board described in paragraph (3)(A) may 

18 not receive additional pay, allowances, or 

19 benefits by reason of the member’s service 

20 on the Board. 

21 (ii) TRAVEL EXPENSES.—Each such 

22 member of the Board shall receive travel 

23 expenses, including per diem in lieu of sub24 sistence, in accordance with applicable proVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00169 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 visions under subchapter I of chapter 57 of 

2 title 5, United States Code. 

3 (B) OTHER MEMBERS.— 

4 (i) IN GENERAL.—Except as provided 

5 in clause (ii), a member of the Board de6 scribed in paragraph (3)(B) while away 

7 from the member’s home or regular place 

8 of business on necessary travel in the ac9 tual performance of duties as a member of 

10 the Board, shall be paid per diem, travel, 

11 and transportation expenses in the same 

12 manner as is provided under subchapter I 

13 of chapter 57 of title 5, United States 

14 Code. 

15 (ii) LIMITATION.—A member of the 

16 Board may not be paid compensation 

17 under clause (i) for more than 90 days in 

18 any calendar year. 

19 SEC. 706. ESTABLISHMENT AND OPERATION OF PROGRAM. 

20 (a) ESTABLISHMENT OF THE PROGRAM.—There is 

21 hereby established a program, which shall— 

22 (1) be administered by the Foundation; and 

23 (2) award grants to— 

24 (A) United States students for study 

25 abroad; 


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1 (B) nongovernmental institutions that pro2 vide and promote study abroad opportunities 

3 for United States students, in consortium with 

4 institutions described in subparagraph (C); and 

5 (C) institutions of higher education, indi6 vidually or in consortium, in order to accom7 plish the objectives set forth in subsection (b). 

8 (b) OBJECTIVES.—The objectives of the program es9 tablished under subsection (a) are that, within ten years 

10 of the date of the enactment of this Act— 

11 (1) not less than 1,000,000 undergraduate 

12 United States students will study abroad annually 

13 for credit; 

14 (2) the demographics of study-abroad participa15 tion will reflect the demographics of the United 

16 States undergraduate population, including students 

17 enrolled in community colleges, minority-serving in18 stitutions, and institutions serving large numbers of 

19 low-income and first-generation students; and 

20 (3) an increasing portion of study abroad will 

21 take place in nontraditional study abroad destina22 tions, with a substantial portion of such increases 

23 taking place in developing countries. 

24 (c) MANDATE OF THE PROGRAM.—In order to ac25 complish the objectives set forth in subsection (b), the 


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1 Foundation shall, in administering the program estab2 lished under subsection (a), take fully into account the rec3 ommendations of the Commission on the Abraham Lincoln 

4 Study Abroad Fellowship Program (established pursuant 

5 to section 104 of the Miscellaneous Appropriations and 

6 Offsets Act, 2004 (division H of Public Law 108–199)). 

7 (d) STRUCTURE OF GRANTS.— 

8 (1) PROMOTING REFORM.—In accordance with 

9 the recommendations of the Commission on the 

10 Abraham Lincoln Study Abroad Fellowship Pro11 gram, grants awarded under the program estab12 lished under subsection (a) shall be structured to the 

13 maximum extent practicable to promote appropriate 

14 reforms in institutions of higher education in order 

15 to remove barriers to participation by students in 

16 study abroad. 

17 (2) GRANTS TO INDIVIDUALS AND INSTITU18 TIONS.—It is the sense of Congress that— 

19 (A) the Foundation should award not more 

20 than 25 percent of the funds awarded as grants 

21 to individuals described in subparagraph (A) of 

22 subsection (a)(2) and not less than 75 percent 

23 of such funds to institutions described in sub24 paragraphs (B) and (C) of such subsection; and 


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1 (B) the Foundation should ensure that not 

2 less than 85 percent of the amount awarded to 

3 such institutions is used to award scholarships 

4 to students. 

5 (e) BALANCE OF LONG-TERM AND SHORT-TERM

6 STUDY ABROAD PROGRAMS.—In administering the pro7 gram established under subsection (a), the Foundation 

8 shall seek an appropriate balance between— 

9 (1) longer-term study abroad programs, which 

10 maximize foreign-language learning and intercultural 

11 understanding; and 

12 (2) shorter-term study abroad programs, which 

13 maximize the accessibility of study abroad to non14 traditional students. 

15 (f) QUALITY AND SAFETY IN STUDY ABROAD.—In 

16 administering the program established under subsection 

17 (a), the Foundation shall require that institutions receiv18 ing grants demonstrate that— 

19 (1) the study abroad programs for which stu20 dents receive grant funds are for academic credit; 

21 and 

22 (2) the programs have established health and 

23 safety guidelines and procedures. 


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1 SEC. 707. ANNUAL REPORT. 

2 (a) REPORT REQUIRED.—Not later than December 

3 15, 2010, and each December 15 thereafter, the Founda4 tion shall submit to the appropriate congressional commit5 tees a report on the implementation of this title during 

6 the prior fiscal year. 

7 (b) CONTENTS.—The report required by subsection 

8 (a) shall include— 

9 (1) the total financial resources available to the 

10 Foundation during the year, including appropriated 

11 funds, the value and source of any gifts or donations 

12 accepted pursuant to section 708(a)(6), and any 

13 other resources; 

14 (2) a description of the Board’s policy priorities 

15 for the year and the bases upon which grant pro16 posals were solicited and awarded to institutions of 

17 higher education, nongovernmental institutions, and 

18 consortiums pursuant to sections 706(a)(2)(B) and 

19 706(a)(2)(C); 

20 (3) a list of grants made to institutions of high21 er education, nongovernmental institutions, and con22 sortiums pursuant to sections 706(a)(2)(B) and 

23 706(a)(2)(C) that includes the identity of the insti24 tutional recipient, the dollar amount, the estimated 

25 number of study abroad opportunities provided to 

26 United States students by each grant, the amount of 


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1 the grant used by each institution for administrative 

2 expenses, and information on cost-sharing by each 

3 institution receiving a grant; 

4 (4) a description of the bases upon which the 

5 Foundation made grants directly to United States 

6 students pursuant to section 706(a)(2)(A); 

7 (5) the number and total dollar amount of 

8 grants made directly to United States students by 

9 the Foundation pursuant to section 706(a)(2)(A); 

10 and 

11 (6) the total administrative and operating ex12 penses of the Foundation for the year, as well as 

13 specific information on— 

14 (A) the number of Foundation employees 

15 and the cost of compensation for Board mem16 bers, Foundation employees, and personal serv17 ice contractors; 

18 (B) costs associated with securing the use 

19 of real property for carrying out the functions 

20 of the Foundation; 

21 (C) total travel expenses incurred by Board 

22 members and Foundation employees in connec23 tion with Foundation activities; and 

24 (D) total representational expenses. 


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1 SEC. 708. POWERS OF THE FOUNDATION; RELATED PROVI2 SIONS. 

3 (a) POWERS.—The Foundation— 

4 (1) shall have perpetual succession unless dis5 solved by a law enacted after the date of the enact6 ment of this Act; 

7 (2) may adopt, alter, and use a seal, which shall 

8 be judicially noticed; 

9 (3) may make and perform such contracts, 

10 grants, and other agreements with any person or 

11 government however designated and wherever situ12 ated, as may be necessary for carrying out the func13 tions of the Foundation; 

14 (4) may determine and prescribe the manner in 

15 which its obligations shall be incurred and its ex16 penses allowed and paid, including expenses for rep17 resentation; 

18 (5) may lease, purchase, or otherwise acquire, 

19 improve, and use such real property wherever situ20 ated, as may be necessary for carrying out the func21 tions of the Foundation; 

22 (6) may accept cash gifts or donations of serv23 ices or of property (real, personal, or mixed), tan24 gible or intangible, for the purpose of carrying out 

25 the provisions of this title; 


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1 (7) may use the United States mails in the 

2 same manner and on the same conditions as the ex3 ecutive departments; 

4 (8) may contract with individuals for personal 

5 services, who shall not be considered Federal em6 ployees for any provision of law administered by the 

7 Office of Personnel Management; 

8 (9) may hire or obtain passenger motor vehi9 cles; and 

10 (10) shall have such other powers as may be 

11 necessary and incident to carrying out this title. 

12 (b) PRINCIPAL OFFICE.—The Foundation shall 

13 maintain its principal office in the metropolitan area of 

14 Washington, District of Columbia. 

15 (c) APPLICABILITY OF GOVERNMENT CORPORATION

16 CONTROL ACT.— 

17 (1) IN GENERAL.—The Foundation shall be 

18 subject to chapter 91 of subtitle VI of title 31, 

19 United States Code, except that the Foundation 

20 shall not be authorized to issue obligations or offer 

21 obligations to the public. 

22 (2) CONFORMING AMENDMENT.—Section 

23 9101(3) of title 31, United States Code, is amended 

24 by adding at the end the following new subpara25 graph: 


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1 ‘‘(S) the Senator Paul Simon Study 

2 Abroad Foundation.’’. 

3 (d) INSPECTOR GENERAL.— 

4 (1) IN GENERAL.—The Inspector General of 

5 the Department of State shall serve as Inspector 

6 General of the Foundation, and, in acting in such 

7 capacity, may conduct reviews, investigations, and 

8 inspections of all aspects of the operations and ac9 tivities of the Foundation. 

10 (2) AUTHORITY OF THE BOARD.—In carrying 

11 out the responsibilities under this subsection, the In12 spector General shall report to and be under the 

13 general supervision of the Board. 

14 (3) REIMBURSEMENT AND AUTHORIZATION OF

15 SERVICES.— 

16 (A) REIMBURSEMENT.—The Foundation 

17 shall reimburse the Department of State for all 

18 expenses incurred by the Inspector General in 

19 connection with the Inspector General’s respon20 sibilities under this subsection. 

21 (B) AUTHORIZATION FOR SERVICES.—Of 

22 the amount authorized to be appropriated 

23 under section 711(a) for a fiscal year, up to 

24 $2,000,000 is authorized to be made available 

25 to the Inspector General of the Department of 


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1 State to conduct reviews, investigations, and in2 spections of operations and activities of the 

3 Foundation. 

4 SEC. 709. GENERAL PERSONNEL AUTHORITIES. 

5 (a) DETAIL OF PERSONNEL.—Upon request of the 

6 Chief Executive Officer, the head of an agency may detail 

7 any employee of such agency to the Foundation on a reim8 bursable basis. Any employee so detailed remains, for the 

9 purpose of preserving such employee’s allowances, privi10 leges, rights, seniority, and other benefits, an employee of 

11 the agency from which detailed. 

12 (b) REEMPLOYMENT RIGHTS.— 

13 (1) IN GENERAL.—An employee of an agency 

14 who is serving under a career or career conditional 

15 appointment (or the equivalent), and who, with the 

16 consent of the head of such agency, transfers to the 

17 Foundation, is entitled to be reemployed in such em18 ployee’s former position or a position of like senior19 ity, status, and pay in such agency, if such em20 ployee— 

21 (A) is separated from the Foundation for 

22 any reason, other than misconduct, neglect of 

23 duty, or malfeasance; and 


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1 (B) applies for reemployment not later 

2 than 90 days after the date of separation from 

3 the Foundation. 

4 (2) SPECIFIC RIGHTS.—An employee who satis5 fies paragraph (1) is entitled to be reemployed (in 

6 accordance with such paragraph) within 30 days 

7 after applying for reemployment and, on reemploy8 ment, is entitled to at least the rate of basic pay to 

9 which such employee would have been entitled had 

10 such employee never transferred. 

11 (c) HIRING AUTHORITY.—Of persons employed by 

12 the Foundation, not to exceed 20 persons may be ap13 pointed, compensated, or removed without regard to the 

14 civil service laws and regulations. 

15 (d) BASIC PAY.—The Chief Executive Officer may fix 

16 the rate of basic pay of employees of the Foundation with17 out regard to the provisions of chapter 51 of title 5, 

18 United States Code (relating to the classification of posi19 tions), subchapter III of chapter 53 of such title (relating 

20 to General Schedule pay rates), except that no employee 

21 of the Foundation may receive a rate of basic pay that 

22 exceeds the rate for level IV of the Executive Schedule 

23 under section 5315 of such title. 

24 (e) DEFINITIONS.—In this section— 


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1 (1) the term ‘‘agency’’ means an executive 

2 agency, as defined by section 105 of title 5, United 

3 States Code; and 

4 (2) the term ‘‘detail’’ means the assignment or 

5 loan of an employee, without a change of position, 

6 from the agency by which such employee is employed 

7 to the Foundation. 

8 SEC. 710. GAO REVIEW. 

9 (a) REVIEW REQUIRED.—Not later than two years 

10 after the date of the enactment of this Act, the Comp11 troller General of the United States shall commence a re12 view of the operations of the Foundation. 

13 (b) CONTENT.—In conducting the review required 

14 under subsection (a), the Comptroller General shall ana15 lyze— 

16 (1) whether the Foundation is organized and 

17 operating in a manner that will permit it to fulfill 

18 the purposes of this section, as set forth in section 

19 603; 

20 (2) the degree to which the Foundation is oper21 ating efficiently and in a manner consistent with the 

22 requirements of paragraphs (4) and (5) of section 

23 605(b); 


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1 (3) whether grant-making by the Foundation is 

2 being undertaken in a manner consistent with sub3 sections (d), (e), and (f) of section 606; 

4 (4) the extent to which the Foundation is using 

5 best practices in the implementation of this Act and 

6 the administration of the program described in sec7 tion 606; and 

8 (5) other relevant matters, as determined by 

9 the Comptroller General, after consultation with the 

10 appropriate congressional committees. 

11 (c) REPORT REQUIRED.—The Comptroller General 

12 shall submit a report on the results of the review con13 ducted under subsection (a) to the Secretary of State (in 

14 the capacity of the Secretary as Chairperson of the Board 

15 of the Foundation) and to the appropriate congressional 

16 committees. 

17 SEC. 711. AUTHORIZATION OF APPROPRIATIONS. 

18 (a) AUTHORIZATION OF APPROPRIATIONS.— 

19 (1) IN GENERAL.—There are authorized to be 

20 appropriated to carry out this title $40,000,000 for 

21 fiscal year 2010 and $80,000,000 for fiscal year 

22 2011. 

23 (2) AMOUNTS IN ADDITION TO OTHER AVAIL24 ABLE AMOUNTS.—Amounts authorized to be appro25 priated by paragraph (1) are in addition to amounts 


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1 authorized to be appropriated or otherwise made 

2 available for educational exchange programs, includ3 ing the J. William Fulbright Educational Exchange 

4 Program and the Benjamin A. Gilman International 

5 Scholarship Program, administered by the Bureau of 

6 Educational and Cultural Affairs of the Department 

7 of State. 

8 (b) ALLOCATION OF FUNDS.— 

9 (1) IN GENERAL.—The Foundation may allo10 cate or transfer to any agency of the United States 

11 Government any of the funds available for carrying 

12 out this Act. Such funds shall be available for obli13 gation and expenditure for the purposes for which 

14 the funds were authorized, in accordance with au15 thority granted in this Act or under authority gov16 erning the activities of the United States Govern17 ment agency to which such funds are allocated or 

18 transferred. 

19 (2) NOTIFICATION.—The Foundation shall no20 tify the appropriate congressional committees not 

21 less than 15 days prior to an allocation or transfer 

22 of funds pursuant to paragraph (1). 


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1 TITLE VIII—EXPORT CONTROL 

2 REFORM AND SECURITY AS3 SISTANCE 

4 Subtitle A—Defense Trade Controls 

5 Performance Improvement Act 

6 of 2009 

7 SEC. 801. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Defense Trade 

9 Controls Performance Improvement Act of 2009’’. 

10 SEC. 802. FINDINGS. 

11 Congress finds the following: 

12 (1) In a time of international terrorist threats 

13 and a dynamic global economic and security environ14 ment, United States policy with regard to export 

15 controls is in urgent need of a comprehensive review 

16 in order to ensure such controls are protecting the 

17 national security and foreign policy interests of the 

18 United States. 

19 (2) In January 2007, the Government Account20 ability Office designated the effective identification 

21 and protection of critical technologies as a govern22 ment-wide, high-risk area, warranting a strategic re23 examination of existing programs, including pro24 grams relating to arms export controls. 


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1 (3) Federal Government agencies must review 

2 licenses for export of munitions in a thorough and 

3 timely manner to ensure that the United States is 

4 able to assist United States allies and to prevent nu5 clear and conventional weapons from getting into the 

6 hands of enemies of the United States. 

7 (4) Both staffing and funding that relate to the 

8 Department of State’s arms export control respon9 sibilities have not kept pace with the increased work10 load relating to such responsibilities, especially dur11 ing the current decade. 

12 (5) Outsourcing and off-shoring of defense pro13 duction and the policy of many United States trad14 ing partners to require offsets for major sales of de15 fense and aerospace articles present a potential 

16 threat to United States national security and eco17 nomic well-being and serve to weaken the defense in18 dustrial base. 

19 (6) Export control policies can have a negative 

20 impact on United States employment, nonprolifera21 tion goals, and the health of the defense industrial 

22 base, particularly when facilitating the overseas 

23 transfer of technology or production and other forms 

24 of outsourcing, such as offsets (direct and indirect), 

25 co-production, subcontracts, overseas investment and 


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1 joint ventures in defense and commercial industries. 

2 Federal Government agencies must develop new and 

3 effective procedures for ensuring that export control 

4 systems address these problems and the threat they 

5 pose to national security. 

6 (7) In the report to Congress required by the 

7 Conference Report (Report 109–272) accompanying 

8 the bill, H.R. 2862 (the Science, State, Justice, 

9 Commerce and Related Agencies Appropriations Act, 

10 2006; Public Law 109–108), the Department of 

11 State concluded that— 

12 (A) defense trade licensing has become 

13 much more complex in recent years as a con14 sequence of the increasing globalization of the 

15 defense industry; 

16 (B) the most important challenge to the 

17 Department of State’s licensing process has 

18 been the sheer growth in volume of applicants 

19 for licenses and agreements, without the cor20 responding increase in licensing officers; and 

21 (C) the increase in licensing volume with22 out a corresponding increase in trained and ex23 perienced personnel has resulted in delays and 

24 increased processing times. 


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1 (8) In 2006, the Department of State processed 

2 over three times as many licensing applications as 

3 the Department of Commerce with about a fifth of 

4 the staff of the Department of Commerce. 

5 (9) On July 27, 2007, in testimony delivered to 

6 the Subcommittee on Terrorism, Nonproliferation 

7 and Trade of the Committee on Foreign Affairs of 

8 the House of Representatives to examine the effec9 tiveness of the United States export control regime, 

10 the Government Accountability Office found that— 

11 (A) the United States Government needs 

12 to conduct assessments to determine its overall 

13 effectiveness in the area of arms export control; 

14 and 

15 (B) the processing times of the Depart16 ment of State doubled over the period from 

17 2002 to 2006. 

18 (10)(A) Allowing a continuation of the status 

19 quo in resources for defense trade licensing could ul20 timately harm the United States defense industrial 

21 base. The 2007 Institute for Defense Analysis report 

22 entitled ‘‘Export Controls and the U.S. Defense In23 dustrial Base’’ found that the large backlog and long 

24 processing times by the Department of State for ap25 plications for licenses to export defense items led to 


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1 an impairment of United States firms in some sec2 tors to conduct global business relative to foreign 

3 competitors. 

4 (B) Additionally, the report found that United 

5 States commercial firms have been reluctant to en6 gage in research and development activities for the 

7 Department of Defense because this raises the fu8 ture prospects that the products based on this re9 search and development, even if intrinsically com10 mercial, will be saddled by Department of State mu11 nitions controls due to the link to that research. 

12 (11) According to the Department of State’s 

13 fiscal year 2008 budget justification to Congress, 

14 commercial exports licensed or approved under the 

15 Arms Export Control Act exceeded 

16 $30,000,000,000, with nearly eighty percent of these 

17 items exported to United States NATO allies and 

18 other major non-NATO allies. 

19 (12) A Government Accountability Office report 

20 of October 9, 2001 (GAO–02–120), documented am21 biguous export control jurisdiction affecting 25 per22 cent of the items that the United States Government 

23 agreed to control as part of its commitments to the 

24 Missile Technology Control Regime. The United 

25 States Government has not clearly determined which 


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1 department has jurisdiction over these items, which 

2 increases the risk that these items will fall into the 

3 wrong hands. During both the 108th, 109th, and 

4 110th Congresses, the House of Representatives 

5 passed legislation mandating that the Administra6 tion clarify this issue. 

7 (13) During 2007 and 2008, the management 

8 and staff of the Directorate of Defense Trade Con9 trols of the Department of State have, through ex10 traordinary effort and dedication, eliminated the 

11 large backlog of open applications and have reduced 

12 average processing times for license applications; 

13 however, the Directorate remains understaffed and 

14 long delays remain for complicated cases. 

15 SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE 

16 UNITED STATES EXPORT CONTROLS SYSTEM. 

17 (a) REVIEW AND ASSESSMENT.— 

18 (1) IN GENERAL.—Not later than March 31, 

19 2010, the President shall conduct a comprehensive 

20 and systematic review and assessment of the United 

21 States arms export controls system in the context of 

22 the national security interests and strategic foreign 

23 policy objectives of the United States. 

24 (2) ELEMENTS.—The review and assessment 

25 required under paragraph (1) shall— 


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1 (A) determine the overall effectiveness of 

2 the United States arms export controls system 

3 in order to, where appropriate, strengthen con4 trols, improve efficiency, and reduce unneces5 sary redundancies across Federal Government 

6 agencies, through administrative actions, in7 cluding regulations, and to formulate legislative 

8 proposals for new authorities that are needed; 

9 (B) develop processes to ensure better co10 ordination of arms export control activities of 

11 the Department of State with activities of other 

12 departments and agencies of the United States 

13 that are responsible for enforcing United States 

14 arms export control laws; 

15 (C) ensure that weapons-related nuclear 

16 technology, other technology related to weapons 

17 of mass destruction, and all items on the Mis18 sile Technology Control Regime Annex are sub19 ject to stringent control by the United States 

20 Government; 

21 (D) determine the overall effect of arms 

22 export controls on counterterrorism, law en23 forcement, and infrastructure protection mis24 sions of the Department of Homeland Security; 


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1 (E) determine the effects of export controls 

2 policies and the practices of the export control 

3 agencies on the United States defense industrial 

4 base and United States employment in the in5 dustries affected by export controls; 

6 (F) contain a detailed summary of known 

7 attempts by unauthorized end-users (such as 

8 international arms traffickers, foreign intel9 ligence agencies, and foreign terrorist organiza10 tions) to acquire items on the United States 

11 Munitions List and related technical data, in12 cluding— 

13 (i) data on— 

14 (I) commodities sought, such as 

15 M–4 rifles, night vision devices, F–14 

16 spare parts; 

17 (II) parties involved, such as the 

18 intended end-users, brokers, con19 signees, and shippers; 

20 (III) attempted acquisition of 

21 technology and technical data critical 

22 to manufacture items on the United 

23 States Munitions List; 

24 (IV) destination countries and 

25 transit countries; 


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1 (V) modes of transport; 

2 (VI) trafficking methods, such as 

3 use of false documentation and front 

4 companies registered under flags of 

5 convenience; 

6 (VII) whether the attempted il7 licit transfer was successful; and 

8 (VIII) any administrative or 

9 criminal enforcement actions taken by 

10 the United States and any other gov11 ernment in relation to the attempted 

12 illicit transfer; 

13 (ii) a thorough evaluation of the Blue 

14 Lantern Program, including the adequacy 

15 of current staffing and funding levels; 

16 (iii) a detailed analysis of licensing ex17 emptions and their successful exploitation 

18 by unauthorized end-users; and 

19 (iv) an examination of the extent to 

20 which the increased tendency toward out21 sourcing and off-shoring of defense produc22 tion harm United States national security 

23 and weaken the defense industrial base, in24 cluding direct and indirect impact on em25 ployment, and formulate policies to address 


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1 these trends as well as the policy of some 

2 United States trading partners to require 

3 offsets for major sales of defense articles; 

4 and 

5 (G) assess the extent to which export con6 trol policies and practices under the Arms Ex7 port Control Act promote the protection of 

8 basic human rights. 

9 (b) CONGRESSIONAL BRIEFINGS.—The President 

10 shall provide periodic briefings to the appropriate congres11 sional committees on the progress of the review and as12 sessment conducted under subsection (a). The require13 ment to provide congressional briefings under this sub14 section shall terminate on the date on which the President 

15 transmits to the appropriate congressional committees the 

16 report required under subsection (c). 

17 (c) REPORT.—Not later than 18 months after the 

18 date of the enactment of this Act, the President shall 

19 transmit to the appropriate congressional committees and 

20 the Committee on Armed Services of the House of Rep21 resentatives and the Committee on Armed Services of the 

22 Senate a report that contains the results of the review and 

23 assessment conducted under subsection (a). The report re24 quired by this subsection shall contain a certification that 

25 the requirement of subsection (a)(2)(C) has been met, or 


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1 if the requirement has not been met, the reasons therefor. 

2 The report required by this subsection shall be submitted 

3 in unclassified form, but may contain a classified annex, 

4 if necessary. 

5 SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF AP6 PLICATIONS FOR LICENSES TO EXPORT 

7 ITEMS ON UNITED STATES MUNITIONS LIST. 

8 (a) IN GENERAL.—The Secretary of State, acting 

9 through the head of the Directorate of Defense Trade 

10 Controls of the Department of State, shall establish and 

11 maintain the following goals: 

12 (1) The processing time for review of each ap13 plication for a license to export items on the United 

14 States Munitions List (other than a Manufacturing 

15 License Agreement) shall be not more than 60 days 

16 from the date of receipt of the application. 

17 (2) The processing time for review of each ap18 plication for a commodity jurisdiction determination 

19 shall be not more than 60 days from the date of re20 ceipt of the application. 

21 (3) The total number of applications described 

22 in paragraph (1) that are unprocessed shall be not 

23 more than 7 percent of the total number of such ap24 plications submitted in the preceding calendar year. 


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1 (b) ADDITIONAL REVIEW.—(1) If an application de2 scribed in paragraph (1) or (2) of subsection (a) is not 

3 processed within the time period described in the respec4 tive paragraph of such subsection, then the Managing Di5 rector of the Directorate of Defense Trade Controls or the 

6 Deputy Assistant Secretary for Defense Trade and Re7 gional Security of the Department of State, as appro8 priate, shall review the status of the application to deter9 mine if further action is required to process the applica10 tion. 

11 (2) If an application described in paragraph (1) or 

12 (2) of subsection (a) is not processed within 90 days from 

13 the date of receipt of the application, then the Assistant 

14 Secretary for Political-Military Affairs of the Department 

15 of State shall— 

16 (A) review the status of the application to de17 termine if further action is required to process the 

18 application; and 

19 (B) submit to the appropriate congressional 

20 committees a notification of the review conducted 

21 under subparagraph (A), including a description of 

22 the application, the reason for delay in processing 

23 the application, and a proposal for further action to 

24 process the application. 


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1 (3) For each calendar year, the Managing Director 

2 of the Directorate of Defense Trade Controls shall review 

3 not less than 2 percent of the total number of applications 

4 described in paragraphs (1) and (2) of subsection (a) to 

5 ensure that the processing of such applications, including 

6 decisions to approve, deny, or return without action, is 

7 consistent with both policy and regulatory requirements 

8 of the Department of State. 

9 (c) STATEMENTS OF POLICY.— 

10 (1) UNITED STATES ALLIES.—Congress states 

11 that— 

12 (A) it shall be the policy of the Directorate 

13 of Defense Trade Controls of the Department 

14 of State to ensure that, to the maximum extent 

15 practicable, the processing time for review of 

16 applications described in subsection (a)(1) to 

17 export items that are not subject to the require18 ments of section 36 (b) or (c) of the Arms Ex19 port Control Act (22 U.S.C. 2776 (b) or (c)) to 

20 United States allies in direct support of combat 

21 operations or peacekeeping or humanitarian op22 erations with United States Armed Forces is 

23 not more than 7 days from the date of receipt 

24 of the application; and 


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1 (B) it shall be the goal, as appropriate, of 

2 the Directorate of Defense Trade Controls to 

3 ensure that, to the maximum extent practicable, 

4 the processing time for review of applications 

5 described in subsection (a)(1) to export items 

6 that are not subject to the requirements of sec7 tion 36 (b) or (c) of the Arms Export Control 

8 Act to government security agencies of United 

9 States NATO allies, Australia, New Zealand, 

10 Japan, South Korea, Israel, and, as appro11 priate, other major non-NATO allies for any 

12 purpose other than the purpose described in 

13 paragraph (1) is not more than 30 days from 

14 the date of receipt of the application. 

15 (2) PRIORITY FOR APPLICATIONS FOR EXPORT

16 OF U.S.-ORIGIN EQUIPMENT.—In meeting the goals 

17 established by this section, it shall be the policy of 

18 the Directorate of Defense Trade Controls of the 

19 Department of State to prioritize the processing of 

20 applications for licenses and agreements necessary 

21 for the export of United States-origin equipment 

22 over applications for Manufacturing License Agree23 ments. 

24 (d) REPORT.—Not later than December 31, 2011, 

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1 mit to the appropriate congressional committees a report 

2 that contains a detailed description of— 

3 (1)(A) the average processing time for and 

4 number of applications described in subsection 

5 (a)(1) to— 

6 (i) United States NATO allies, Australia, 

7 New Zealand, Japan, South Korea, and Israel; 

8 (ii) other major non-NATO allies; and 

9 (iii) all other countries; and 

10 (B) to the extent practicable, the average proc11 essing time for and number of applications described 

12 in subsection (b)(1) by item category; 

13 (2) the average processing time for and number 

14 of applications described in subsection (a)(2); 

15 (3) the average processing time for and number 

16 of applications for agreements described in part 124 

17 of title 22, Code of Federal Regulations (relating to 

18 the International Traffic in Arms Regulations (other 

19 than Manufacturing License Agreements)); 

20 (4) the average processing times for applica21 tions for Manufacturing License Agreements; 

22 (5) any management decisions of the Direc23 torate of Defense Trade Controls of the Department 

24 of State that have been made in response to data 

25 contained in paragraphs (1) through (3); and 


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1 (6) any advances in technology that will allow 

2 the time-frames described in subsection (a)(1) to be 

3 substantially reduced. 

4 (e) CONGRESSIONAL BRIEFINGS.—If, at the end of 

5 any month beginning after the date of the enactment of 

6 this Act, the total number of applications described in sub7 section (a)(1) that are unprocessed is more than 7 percent 

8 of the total number of such applications submitted in the 

9 preceding calendar year, then the Secretary of State, act10 ing through the Under Secretary for Arms Control and 

11 International Security, the Assistant Secretary for Polit12 ical-Military Affairs, or the Deputy Assistant Secretary 

13 for Defense Trade and Regional Security of the Depart14 ment of State, as appropriate, shall brief the appropriate 

15 congressional committees on such matters and the correc16 tive measures that the Directorate of Defense Trade Con17 trols will take to comply with the requirements of sub18 section (a). 

19 (f) TRANSPARENCY OF COMMODITY JURISDICTION

20 DETERMINATIONS.— 

21 (1) DECLARATION OF POLICY.—Congress de22 clares that the complete confidentiality surrounding 

23 several hundred commodity jurisdiction determina24 tions made each year by the Department of State 

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1 lations is not necessary to protect legitimate propri2 etary interests of persons or their prices and cus3 tomers, is not in the best security and foreign policy 

4 interests of the United States, is inconsistent with 

5 the need to ensure a level playing field for United 

6 States exporters, and detracts from United States 

7 efforts to promote greater transparency and respon8 sibility by other countries in their export control sys9 tems. 

10 (2) PUBLICATION ON INTERNET WEBSITE.— 

11 The Secretary of State shall— 

12 (A) upon making a commodity jurisdiction 

13 determination referred to in paragraph (1) pub14 lish on the Internet website of the Department 

15 of State not later than 30 days after the date 

16 of the determination— 

17 (i) the name of the manufacturer of 

18 the item; 

19 (ii) a brief general description of the 

20 item; 

21 (iii) the model or part number of the 

22 item; and 

23 (iv) the United States Munitions List 

24 designation under which the item has been 

25 designated, except that— 


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1 (I) the name of the person or 

2 business organization that sought the 

3 commodity jurisdiction determination 

4 shall not be published if the person or 

5 business organization is not the man6 ufacturer of the item; and 

7 (II) the names of the customers, 

8 the price of the item, and any propri9 etary information relating to the item 

10 indicated by the person or business 

11 organization that sought the com12 modity jurisdiction determination 

13 shall not be published; and 

14 (B) maintain on the Internet website of 

15 the Department of State an archive, that is ac16 cessible to the general public and other depart17 ments and agencies of the United States, of the 

18 information published under subparagraph (A). 

19 (g) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to prohibit the President or Con21 gress from undertaking a thorough review of the national 

22 security and foreign policy implications of a proposed ex23 port of items on the United States Munitions List. 


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1 SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF 

2 AND RESOURCES FOR THE DIRECTORATE OF 

3 DEFENSE TRADE CONTROLS OF THE DEPART4 MENT OF STATE. 

5 (a) REQUIREMENT.—The Secretary of State shall en6 sure that the Directorate of Defense Trade Controls of 

7 the Department of State has the necessary staff and re8 sources to carry out this subtitle and the amendments 

9 made by this subtitle. 

10 (b) MINIMUM NUMBER OF LICENSING OFFICERS.— 

11 For fiscal year 2011 and each subsequent fiscal year, the 

12 Secretary of State shall ensure that the Directorate of De13 fense Trade Controls has at least 1 licensing officer for 

14 every 1,250 applications for licenses and other authoriza15 tions to export items on the United States Munitions List 

16 by not later than the third quarter of such fiscal year, 

17 based on the number of licenses and other authorizations 

18 expected to be received during such fiscal year. The Sec19 retary shall ensure that in meeting the requirement of this 

20 subsection, the performance of other functions of the Di21 rectorate of Defense Trade Controls is maintained and 

22 adequate staff is provided for those functions. 

23 (c) MINIMUM NUMBER OF STAFF FOR COMMODITY

24 JURISDICTION DETERMINATIONS.—For each of the fiscal 

25 years 2010 through 2012, the Secretary of State shall en26 sure that the Directorate of Defense Trade Controls has, 


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1 to the extent practicable, not less than three individuals 

2 assigned to review applications for commodity jurisdiction 

3 determinations. 

4 (d) ENFORCEMENT RESOURCES.—In accordance 

5 with section 127.4 of title 22, Code of Federal Regula6 tions, U.S. Immigration and Customs Enforcement is au7 thorized to investigate violations of the International Traf8 fic in Arms Regulations on behalf of the Directorate of 

9 Defense Trade Controls of the Department of State. The 

10 Secretary of State shall ensure that the Directorate of De11 fense Trade Controls has adequate staffing for enforce12 ment of the International Traffic in Arms Regulations. 

13 SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPART14 MENT OF STATE. 

15 (a) AUDIT.—Not later than the end of each of the 

16 fiscal years 2011 and 2012, the Inspector General of the 

17 Department of State shall conduct an independent audit 

18 to determine the extent to which the Department of State 

19 is meeting the requirements of sections 804 and 805. 

20 (b) REPORT.—The Inspector General shall submit to 

21 the appropriate congressional committees a report that 

22 contains the result of each audit conducted under sub23 section (a). 


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1 SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE 

2 TRADE CONTROLS REGISTRATION FEES. 

3 (a) IN GENERAL.—Section 45 of the State Depart4 ment Basic Authorities Act of 1956 (22 U.S.C. 2717) is 

5 amended— 

6 (1) in the first sentence— 

7 (A) by striking ‘‘For’’ and inserting ‘‘(a) 

8 IN GENERAL.—For’’; and 

9 (B) by striking ‘‘Office’’ and inserting ‘‘Di10 rectorate’’; 

11 (2) by amending the second sentence to read as 

12 follows: 

13 ‘‘(b) AVAILABILITY OF FEES.—Fees credited to the 

14 account referred to in subsection (a) shall be available only 

15 for payment of expenses incurred for— 

16 ‘‘(1) management, 

17 ‘‘(2) licensing (in order to meet the require18 ments of section 805 of the Defense Trade Controls 

19 Performance Improvement Act of 2009 (relating to 

20 adequate staff and resources of the Directorate of 

21 Defense Trade Controls)), 

22 ‘‘(3) compliance, 

23 ‘‘(4) policy activities, and 

24 ‘‘(5) facilities, 

25 of defense trade controls functions.’’; and 

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


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1 ‘‘(c) ALLOCATION OF FEES.—In allocating fees for 

2 payment of expenses described in subsection (b), the Sec3 retary of State shall accord the highest priority to pay4 ment of expenses incurred for personnel and equipment 

5 of the Directorate of Defense Trade Controls, including 

6 payment of expenses incurred to meet the requirements 

7 of section 805 of the Defense Trade Controls Performance 

8 Improvement Act of 2009.’’. 

9 (b) CONFORMING AMENDMENT.—Section 38(b) of 

10 the Arms Export Control Act (22 U.S.C. 2778(b)) is 

11 amended by striking paragraph (3). 

12 SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS 

13 REGULATIONS AND UNITED STATES MUNI14 TIONS LIST. 

15 (a) IN GENERAL.—The Secretary of State, in coordi16 nation with the heads of other relevant departments and 

17 agencies of the United States Government, shall review, 

18 with the assistance of United States manufacturers and 

19 other interested parties described in section 811(2) of this 

20 Act, the International Traffic in Arms Regulations and 

21 the United States Munitions List to determine those tech22 nologies and goods that warrant different or additional 

23 controls. 

24 (b) CONDUCT OF REVIEW.—In carrying out the re25 view required under subsection (a), the Secretary of State 


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1 shall review not less than 20 percent of the technologies 

2 and goods on the International Traffic in Arms Regula3 tions and the United States Munitions List in each cal4 endar year so that for the 5-year period beginning with 

5 calendar year 2010, and for each subsequent 5-year pe6 riod, the International Traffic in Arms Regulations and 

7 the United States Munitions List will be reviewed in their 

8 entirety. 

9 (c) REPORT.—The Secretary of State shall submit to 

10 the appropriate congressional committees and the Com11 mittee on Armed Services of the House of Representatives 

12 and the Committee on Armed Services of the Senate an 

13 annual report on the results of the review carried out 

14 under this section. 

15 SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CER16 TAIN EXPORTS TO NATO MEMBER STATES, 

17 AUSTRALIA, JAPAN, NEW ZEALAND, ISRAEL, 

18 AND SOUTH KOREA. 

19 (a) IN GENERAL.—Section 38 of the Arms Export 

20 Control Act (22 U.S.C. 2778) is amended by adding at 

21 the end the following: 

22 ‘‘(k) SPECIAL LICENSING AUTHORIZATION FOR CER23 TAIN EXPORTS TO NATO MEMBER STATES, AUSTRALIA, 

24 JAPAN, NEW ZEALAND, ISRAEL, AND SOUTH KOREA.— 


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1 ‘‘(1) AUTHORIZATION.—(A) The President may 

2 provide for special licensing authorization for exports 

3 of United States-manufactured spare and replace4 ment parts or components listed in an application 

5 for such special licensing authorization in connection 

6 with defense items previously exported to NATO 

7 member states, Australia, Japan, New Zealand, 

8 Israel, and South Korea. A special licensing author9 ization issued pursuant to this clause shall be effec10 tive for a period not to exceed 5 years. 

11 ‘‘(B) An authorization may be issued under 

12 subparagraph (A) only if the applicable government 

13 of the country described in subparagraph (A), acting 

14 through the applicant for the authorization, certifies 

15 that— 

16 ‘‘(i) the export of spare and replacement 

17 parts or components supports a defense item 

18 previously lawfully exported; 

19 ‘‘(ii) the spare and replacement parts or 

20 components will be transferred to a defense 

21 agency of a country described in subparagraph 

22 (A) that is a previously approved end-user of 

23 the defense items and not to a distributor or a 

24 foreign consignee of such defense items; 


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1 ‘‘(iii) the spare and replacement parts or 

2 components will not to be used to materially en3 hance, optimize, or otherwise modify or upgrade 

4 the capability of the defense items; 

5 ‘‘(iv) the spare and replacement parts or 

6 components relate to a defense item that is 

7 owned, operated, and in the inventory of the 

8 armed forces a country described in subpara9 graph (A); 

10 ‘‘(v) the export of spare and replacement 

11 parts or components will be effected using the 

12 freight forwarder designated by the purchasing 

13 country’s diplomatic mission as responsible for 

14 handling transfers under chapter 2 of this Act 

15 as required under regulations; and 

16 ‘‘(vi) the spare and replacement parts or 

17 components to be exported under the special li18 censing authorization are specifically identified 

19 in the application. 

20 ‘‘(C) An authorization may not be issued under 

21 subparagraph (A) for purposes of establishing off22 shore procurement arrangements or producing de23 fense articles offshore. 

24 ‘‘(D)(i) For purposes of this subsection, the 

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1 placement parts or components’ means spare and 

2 replacement parts or components— 

3 ‘‘(I) with respect to which— 

4 ‘‘(aa) United States-origin content 

5 costs constitute at least 85 percent of the 

6 total content costs; 

7 ‘‘(bb) United States manufacturing 

8 costs constitute at least 85 percent of the 

9 total manufacturing costs; and 

10 ‘‘(cc) foreign content, if any, is limited 

11 to content from countries eligible to receive 

12 exports of items on the United States Mu13 nitions List under the International Traffic 

14 in Arms Regulations (other than de mini15 mis foreign content); 

16 ‘‘(II) that were last substantially trans17 formed in the United States; and 

18 ‘‘(III) that are not— 

19 ‘‘(aa) classified as significant military 

20 equipment; or 

21 ‘‘(bb) listed on the Missile Technology 

22 Control Regime Annex. 

23 ‘‘(ii) For purposes of clause (i)(I) (aa) and 

24 (bb), the costs of non-United States-origin content 

25 shall be determined using the final price or final cost 


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1 associated with the non-United States-origin con2 tent. 

3 ‘‘(2) INAPPLICABILITY PROVISIONS.—(A) The 

4 provisions of this subsection shall not apply with re5 spect to re-exports or re-transfers of spare and re6 placement parts or components and related services 

7 of defense items described in paragraph (1). 

8 ‘‘(B) The congressional notification require9 ments contained in section 36(c) of this Act shall 

10 not apply with respect to an authorization issued 

11 under paragraph (1).’’. 

12 (b) EFFECTIVE DATE.—The President shall issue 

13 regulations to implement amendments made by subsection 

14 (a) not later than 180 days after the date of the enactment 

15 of this Act. 

16 SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS 

17 OF LICENSE APPLICATIONS UNDER CHAPTER 

18 3 OF THE ARMS EXPORT CONTROL ACT. 

19 Chapter 3 of the Arms Export Control Act (22 

20 U.S.C. 2771 et seq.) is amended by inserting after section 

21 38 the following new section: 


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1 ‘‘SEC. 38A. AVAILABILITY OF INFORMATION ON THE STA2 TUS OF LICENSE APPLICATIONS UNDER THIS 

3 CHAPTER. 

4 ‘‘(a) AVAILABILITY OF INFORMATION.—Not later 

5 than one year after the date of the enactment of the De6 fense Trade Controls Performance Improvement Act of 

7 2009, the President shall make available to persons who 

8 have pending license applications under this chapter and 

9 the committees of jurisdiction the ability to access elec10 tronically current information on the status of each license 

11 application required to be submitted under this chapter. 

12 ‘‘(b) MATTERS TO BE INCLUDED.—The information 

13 referred to in subsection (a) shall be limited to the fol14 lowing: 

15 ‘‘(1) The case number of the license application. 

16 ‘‘(2) The date on which the license application 

17 is received by the Department of State and becomes 

18 an ‘open application’. 

19 ‘‘(3) The date on which the Directorate of De20 fense Trade Controls makes a determination with re21 spect to the license application or transmits it for 

22 interagency review, if required. 

23 ‘‘(4) The date on which the interagency review 

24 process for the license application is completed, if 

25 such a review process is required. 


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1 ‘‘(5) The date on which the Department of 

2 State begins consultations with the congressional 

3 committees of jurisdiction with respect to the license 

4 application. 

5 ‘‘(6) The date on which the license application 

6 is sent to the congressional committees of jurisdic7 tion.’’. 

8 SEC. 811. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1)(A) the advice provided to the Secretary of 

11 State by the Defense Trade Advisory Group 

12 (DTAG) supports the regulation of defense trade 

13 and helps ensure that United States national secu14 rity and foreign policy interests continue to be pro15 tected and advanced while helping to reduce unnec16 essary impediments to legitimate exports in order to 

17 support the defense requirements of United States 

18 friends and allies; and 

19 (B) therefore, the Secretary of State should 

20 share significant planned rules and policy shifts with 

21 DTAG for comment; and 

22 (2) recognizing the constraints imposed on the 

23 Department of State by the nature of a voluntary 

24 organization such as DTAG, the Secretary of State 

25 is encouraged to ensure that members of DTAG are 


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1 drawn from a representative cross-section of subject 

2 matter experts from the United States defense in3 dustry, relevant trade and labor associations, aca4 demic, and foundation personnel. 

5 SEC. 812. DEFINITIONS. 

6 In this subtitle: 

7 (1) INTERNATIONAL TRAFFIC IN ARMS REGULA8 TIONS; ITAR.—The term ‘‘International Traffic in 

9 Arms Regulations’’ or ‘‘ITAR’’ means those regula10 tions contained in parts 120 through 130 of title 22, 

11 Code of Federal Regulations (or successor regula12 tions). 

13 (2) MAJOR NON-NATO ALLY.—The term ‘‘major 

14 non-NATO ally’’ means a country that is designated 

15 in accordance with section 517 of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2321k) as a major 

17 non-NATO ally for purposes of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2151 et seq.) and the 

19 Arms Export Control Act (22 U.S.C. 2751 et seq.). 

20 (3) MANUFACTURING LICENSE AGREEMENT.— 

21 The term ‘‘Manufacturing License Agreement’’ 

22 means an agreement described in section 120.21 of 

23 title 22, Code of Federal Regulations (or successor 

24 regulations). 


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1 (4) MISSILE TECHNOLOGY CONTROL REGIME; 

2 MTCR.—The term ‘‘Missile Technology Control Re3 gime’’ or ‘‘MTCR’’ has the meaning given the term 

4 in section 11B(c)(2) of the Export Administration 

5 Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 

6 (5) MISSILE TECHNOLOGY CONTROL REGIME

7 ANNEX; MTCR ANNEX.—The term ‘‘Missile Tech8 nology Control Regime Annex’’ or ‘‘MTCR Annex’’ 

9 has the meaning given the term in section 11B(c)(4) 

10 of the Export Administration Act of 1979 (50 

11 U.S.C. App. 2401b(c)(4)). 

12 (6) OFFSETS.—The term ‘‘offsets’’ includes 

13 compensation practices required of purchase in ei14 ther government-to-government or commercial sales 

15 of defense articles or defense services under the 

16 Arms Export Control Act (22 U.S.C. 2751 et seq.) 

17 and the International Traffic in Arms Regulations. 

18 (7) UNITED STATES MUNITIONS LIST; USML.— 

19 The term ‘‘United States Munitions List’’ or 

20 ‘‘USML’’ means the list referred to in section 

21 38(a)(1) of the Arms Export Control Act (22 U.S.C. 

22 2778(a)(1)). 

23 SEC. 813. AUTHORIZATION OF APPROPRIATIONS. 

24 Of the amounts authorized to be appropriated under 

25 section 101, there are authorized to be appropriated such 


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1 sums as may be necessary for each of fiscal years 2010 

2 and 2011 to carry out this subtitle and the amendments 

3 made by this subtitle. 

4 Subtitle B—Provisions Relating to 

5 Export Licenses 

6 SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL 

7 DIRECTIVES REGARDING UNITED STATES 

8 ARMS EXPORT POLICIES, PRACTICES, AND 

9 REGULATIONS. 

10 (a) IN GENERAL.—The President shall make avail11 able to the Committee on Foreign Affairs of the House 

12 of Representatives and the Committee on Foreign Rela13 tions of the Senate the text of each Presidential directive 

14 regarding United States export policies, practices, and 

15 regulations relating to the implementation of the Arms 

16 Export Control Act (22 U.S.C. 2751 et seq.) not later 

17 than 15 days after the date on which the directive has 

18 been signed or authorized by the President. 

19 (b) TRANSITION PROVISION.—Each Presidential di20 rective described in subsection (a) that is signed or author21 ized by the President on or after January 1, 2009, and 

22 before the date of the enactment of this Act shall be made 

23 available to the congressional committees specified in sub24 section (a) not later than 90 days after the date of the 

25 enactment of this Act. 


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1 (c) FORM.—To the maximum extent practicable, each 

2 Presidential directive described in subsection (a) shall be 

3 made available to the congressional committees specified 

4 in subsection (a) on an unclassified basis. 

5 SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND 

6 SERVICES FOR CONGRESSIONAL REVIEW 

7 AND EXPEDITING CONGRESSIONAL REVIEW 

8 FOR ISRAEL. 

9 (a) FOREIGN MILITARY SALES.— 

10 (1) IN GENERAL.—Section 36(b) of the Arms 

11 Export Control Act (22 U.S.C. 2776(b)) is amend12 ed— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘$50,000,000’’ and in15 serting ‘‘$100,000,000’’; 

16 (ii) by striking ‘‘$200,000,000’’ and 

17 inserting ‘‘$300,000,000’’; 

18 (iii) by striking ‘‘$14,000,000’’ and 

19 inserting ‘‘$25,000,000’’; and 

20 (iv) by striking ‘‘The letter of offer 

21 shall not be issued’’ and all that follows 

22 through ‘‘enacts a joint resolution’’ and in23 serting the following: 

24 ‘‘(2) The letter of offer shall not be issued— 


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1 ‘‘(A) with respect to a proposed sale of any 

2 defense articles or defense services under this 

3 Act for $200,000,000 or more, any design and 

4 construction services for $300,000,000 or more, 

5 or any major defense equipment for 

6 $75,000,000 or more, to the North Atlantic 

7 Treaty Organization (NATO), any member 

8 country of NATO, Japan, Australia, the Repub9 lic of Korea, Israel, or New Zealand, if Con10 gress, within 15 calendar days after receiving 

11 such certification, or 

12 ‘‘(B) with respect to a proposed sale of any 

13 defense articles or services under this Act for 

14 $100,000,000 or more, any design and con15 struction services for $200,000,000 or more, or 

16 any major defense equipment for $50,000,000 

17 or more, to any other country or organization, 

18 if Congress, within 30 calendar days after re19 ceiving such certification, 

20 enacts a joint resolution’’; and 

21 (B) by redesignating paragraphs (2) 

22 through (6) as paragraphs (3) through (7), re23 spectively. 


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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—Section 36 of the Arms Export Control 

3 Act (22 U.S.C. 2776) is amended— 

4 (A) in subsection (b)— 

5 (i) in paragraph (6)(C), as redesig6 nated, by striking ‘‘Subject to paragraph 

7 (6), if’’ and inserting ‘‘If’’; and 

8 (ii) by striking paragraph (7), as re9 designated; and 

10 (B) in subsection (c)(4), by striking ‘‘sub11 section (b)(5)’’ each place it appears and insert12 ing ‘‘subsection (b)(6)’’. 

13 (b) COMMERCIAL SALES.—Section 36(c) of the Arms 

14 Export Control Act (22 U.S.C. 2776(c)) is amended— 

15 (1) in paragraph (1)— 

16 (A) by striking ‘‘Subject to paragraph (5), 

17 in’’ and inserting ‘‘In’’; 

18 (B) by striking ‘‘$14,000,000’’ and insert19 ing ‘‘$25,000,000’’; and 

20 (C) by striking ‘‘$50,000,000’’ and insert21 ing ‘‘$100,000,000’’; 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (A)— 

24 (i) by inserting after ‘‘for an export’’ 

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1 ment sold under a contract in the amount 

2 of $75,000,000 or more or of defense arti3 cles or defense services sold under a con4 tract in the amount of $200,000,000 or 

5 more, (or, in the case of a defense article 

6 that is a firearm controlled under category 

7 I of the United States Munitions List, 

8 $1,000,000 or more)’’; and 

9 (ii) by striking ‘‘Organization,’’ and 

10 inserting ‘‘Organization (NATO),’’ and by 

11 further striking ‘‘that Organization’’ and 

12 inserting ‘‘NATO’’; and 

13 (B) in subparagraph (C), by inserting after 

14 ‘‘license’’ the following: ‘‘for an export of any 

15 major defense equipment sold under a contract 

16 in the amount of $50,000,000 or more or of de17 fense articles or defense services sold under a 

18 contract in the amount of $100,000,000 or 

19 more, (or, in the case of a defense article that 

20 is a firearm controlled under category I of the 

21 United States Munitions List, $1,000,000 or 

22 more)’’; and 

23 (3) by striking paragraph (5). 


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1 SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NA2 TIONAL AND INTERNATIONAL ARMS EXPORT 

3 CONTROLS. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the President should redouble United States 

6 diplomatic efforts to strengthen national and international 

7 arms export controls by establishing a senior-level initia8 tive to ensure that those arms export controls are com9 parable to and supportive of United States arms export 

10 controls, particularly with respect to countries of concern 

11 to the United States. 

12 (b) REPORT.—Not later than one year after the date 

13 of the enactment of this Act, and annually thereafter for 

14 4 years, the President shall transmit to the Committee on 

15 Foreign Affairs of the House of Representatives and the 

16 Committee on Foreign Relations of the Senate a report 

17 on United States diplomatic efforts described in subsection 

18 (a). 

19 SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EX20 PORTS. 

21 Section 655(b) of the Foreign Assistance Act of 1961 

22 (22 U.S.C. 2415(b)) is amended— 

23 (1) in paragraph (2), by striking ‘‘or’’ at the 

24 end; 

25 (2) in paragraph (3), by striking the period at 

26 the end and inserting ‘‘; or’’; and 


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

2 ‘‘(4) were exported without a license under sec3 tion 38 of the Arms Export Control Act (22 U.S.C. 

4 2778) pursuant to an exemption established under 

5 the International Traffic in Arms Regulations, other 

6 than defense articles exported in furtherance of a 

7 letter of offer and acceptance under the Foreign 

8 Military Sales program or a technical assistance or 

9 manufacturing license agreement, including the spe10 cific exemption provision in the regulation under 

11 which the export was made.’’. 

12 SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIP13 MENT AND DEFENSE ARTICLES EXPORTED 

14 UNDER SECTION 38 OF THE ARMS EXPORT 

15 CONTROL ACT. 

16 Section 38 of the Arms Export Control Act (22 

17 U.S.C. 2778) is amended by adding at the end the fol18 lowing: 

19 ‘‘(k) REPORT.— 

20 ‘‘(1) IN GENERAL.—The President shall trans21 mit to the Committee on Foreign Affairs of the 

22 House of Representatives and the Committee on 

23 Foreign Relations of the Senate a report that con24 tains a detailed listing, by country and by inter25 national organization, of the total dollar value of 


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1 major defense equipment and defense articles ex2 ported pursuant to licenses authorized under this 

3 section for the previous fiscal year. 

4 ‘‘(2) INCLUSION IN ANNUAL BUDGET.—The re5 port required by this subsection shall be included in 

6 the supporting information of the annual budget of 

7 the United States Government required to be sub8 mitted to Congress under section 1105 of title 31, 

9 United States Code.’’. 

10 SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RE11 LATED COMPONENTS FROM THE UNITED 

12 STATES MUNITIONS LIST. 

13 (a) AUTHORITY.—Except as provided in subsection 

14 (b) and subject to subsection (d), the President is author15 ized to remove satellites and related components from the 

16 United States Munitions List, consistent with the proce17 dures in section 38(f) of the Arms Export Control Act (22 

18 U.S.C. 2778(f)). 

19 (b) EXCEPTION.—The authority of subsection (a) 

20 may not be exercised with respect to any satellite or re21 lated component that may, directly or indirectly, be trans22 ferred to, or launched into outer space by, the People’s 

23 Republic of China. 

24 (c) UNITED STATES MUNITIONS LIST.—In this sec25 tion, the term ‘‘United States Munitions List’’ means the 


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1 list referred to in section 38(a)(1) of the Arms Export 

2 Control Act (22 U.S.C. 2778(a)(1)). 

3 (d) EFFECTIVE DATE.—The President may not exer4 cise the authority provided in this section before the date 

5 that is 90 days after the date of the enactment of this 

6 Act. 

7 SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF 

8 VIOLATIONS OF SECTION 3 OF THE ARMS EX9 PORT CONTROL ACT. 

10 (a) REVIEW.—The Inspector General of the Depart11 ment of State shall conduct a review of investigations by 

12 the Department of State during each of fiscal years 2010 

13 through 2014 of any and all possible violations of section 

14 3 of the Arms Export Control Act (22 U.S.C. 2753) with 

15 respect to misuse of United States-origin defense items to 

16 determine whether the Department of State has fully com17 plied with the requirements of such section, as well as its 

18 own internal procedures (and whether such procedures are 

19 adequate), for reporting to Congress any information re20 garding the unlawful use or transfer of United States-ori21 gin defense articles, defense services, and technology by 

22 foreign countries, as required by such section. 

23 (b) REPORT.—The Inspector General of the Depart24 ment of State shall submit to the Committee on Foreign 

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1 mittee on Foreign Relations of the Senate for each of fis2 cal years 2010 through 2014 a report that contains the 

3 findings and results of the review conducted under sub4 section (a). The report shall be submitted in unclassified 

5 form to the maximum extent possible, but may include a 

6 classified annex. 

7 SEC. 828. REPORT ON SELF-FINANCING OPTIONS FOR EX8 PORT LICENSING FUNCTIONS OF DDTC OF 

9 THE DEPARTMENT OF STATE. 

10 Not later than 90 days after the date of the enact11 ment of this Act, the Secretary of State shall submit to 

12 the appropriate congressional committees a report on pos13 sible mechanisms to place the export licensing functions 

14 of the Directorate of Defense Trade Controls of the De15 partment of State on a 100 percent self-financing basis. 

16 SEC. 829. CLARIFICATION OF CERTIFICATION REQUIRE17 MENT RELATING TO ISRAEL’S QUALITATIVE 

18 MILITARY EDGE. 

19 Section 36(h)(1) of the Arms Export Control Act (22 

20 U.S.C. 2776(h)(1)) is amended by striking ‘‘a determina21 tion’’ and inserting ‘‘an unclassified determination’’. 

22 SEC. 830. EXPEDITING CONGRESSIONAL DEFENSE EXPORT 

23 REVIEW PERIOD FOR ISRAEL. 

24 The Arms Export Control Act (22 U.S.C. 2751 et 

25 seq.) is amended— 


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1 (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 

2 3(d)(5), 21(e)(2)(A), 36(b)(2), 36(c)(2)(A), 

3 36(d)(2)(A), 62(c)(1), and 63(a)(2) by inserting 

4 ‘‘Israel,’’ before ‘‘or New Zealand’’; and 

5 (2) in section 3(b)(2), by inserting ‘‘the Govern6 ment of Israel,’’ before ‘‘or the Government of New 

7 Zealand’’. 

8 SEC. 831. UPDATING AND CONFORMING PENALTIES FOR 

9 VIOLATIONS OF SECTIONS 38 AND 39 OF THE 

10 ARMS EXPORT CONTROL ACT. 

11 (a) IN GENERAL.—Section 38(c) of the Arms Export 

12 Control Act (22 U.S.C. 2778(c) is amended to read as 

13 follows: 

14 ‘‘(c) VIOLATIONS OF THIS SECTION AND SECTION

15 39.— 

16 ‘‘(1) UNLAWFUL ACTS.—It shall be unlawful 

17 for any person to violate, attempt to violate, conspire 

18 to violate, or cause a violation of any provision of 

19 this section or section 39, or any rule or regulation 

20 issued under either section, or who, in a registration 

21 or license application or required report, makes any 

22 untrue statement of a material fact or omits to state 

23 a material fact required to be stated therein or nec24 essary to make the statements therein not mis25 leading. 


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1 ‘‘(2) CIVIL PENALTIES.—A person who commits 

2 an unlawful act described in paragraph (1) shall 

3 upon conviction be fined for each violation in an 

4 amount not to exceed the greater of— 

5 ‘‘(A) $250,000; or 

6 ‘‘(B) an amount that is twice the amount 

7 of the transaction that is the basis of the viola8 tion with respect to which the penalty is im9 posed. 

10 ‘‘(3) CRIMINAL PENALTIES.—A person who 

11 willfully commits an unlawful act described in para12 graph (1) shall upon conviction— 

13 ‘‘(A) be fined for each violation in an 

14 amount not to exceed $1,000,000, or 

15 ‘‘(B) in the case of a natural person, im16 prisoned for not more than 20 years, 

17 or both.’’. 

18 (b) MECHANISMS TO IDENTIFY VIOLATORS.—Section 

19 38(g) of the Arms Export Control Act (22 U.S.C. 

20 2778(g)) is amended— 

21 (1) in paragraph (1)—— 

22 (A) in subparagraph (A)— 

23 (i) in the matter preceding clause (i), 

24 by inserting ‘‘or otherwise charged’’ after 

25 ‘‘indictment’’; 


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1 (ii) in clause (xi), by striking ‘‘or’’ at 

2 the end; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(xiii) section 542 of title 18, United 

6 States Code, relating to entry of goods by 

7 means of false statements; 

8 ‘‘(xiv) section 554 of title 18, United 

9 States Code, relating to smuggling goods from 

10 the United States; or 

11 ‘‘(xv) section 1831 of title 18, United 

12 States Code, relating to economic espionage.’’; 

13 and 

14 (B) in subparagraph (B), by inserting ‘‘or 

15 otherwise charged’’ after ‘‘indictment’’; and 

16 (2) in paragraph (3)(A), by inserting ‘‘or other17 wise charged’’ after ‘‘indictment’’. 

18 (c) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect on the date of the enact20 ment of this Act and shall apply with respect to violations 

21 of sections 38 and 39 of the Arms Export Control Act 

22 committed on or after that date. 


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1 Subtitle C—Miscellaneous 

2 Provisions 

3 SEC. 841. AUTHORITY TO BUILD THE CAPACITY OF FOR4 EIGN MILITARY FORCES. 

5 (a) AUTHORITY.—The Secretary of State is author6 ized to conduct a program to respond to contingencies in 

7 foreign countries or regions by providing training, pro8 curement, and capacity-building of a foreign country’s na9 tional military forces and dedicated counterterrorism 

10 forces in order for that country to— 

11 (1) conduct counterterrorist operations; or 

12 (2) participate in or support military and sta13 bility operations in which the United States is a par14 ticipant. 

15 (b) TYPES OF CAPACITY-BUILDING.—The program 

16 authorized under subsection (a) may include the provision 

17 of equipment, supplies, and training. 

18 (c) LIMITATIONS.— 

19 (1) ASSISTANCE OTHERWISE PROHIBITED BY

20 LAW.—The Secretary of State may not use the au21 thority in subsection (a) to provide any type of as22 sistance described in subsection (b) that is otherwise 

23 prohibited by any provision of law. 

24 (2) LIMITATION ON ELIGIBLE COUNTRIES.— 

25 The Secretary of State may not use the authority in 


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1 subsection (a) to provide assistance described in sub2 section (b) to any foreign country that is otherwise 

3 prohibited from receiving such type of assistance 

4 under any other provision of law. 

5 (d) FORMULATION AND EXECUTION OF ACTIVI6 TIES.—The Secretary of State shall consult with the head 

7 of any other appropriate department or agency in the for8 mulation and execution of the program authorized under 

9 subsection (a). 

10 (e) CONGRESSIONAL NOTIFICATION.— 

11 (1) ACTIVITIES IN A COUNTRY.—Not less than 

12 15 days before obligating funds for activities in any 

13 country under the program authorized under sub14 section (a), the Secretary of State shall submit to 

15 the congressional committees specified in paragraph 

16 (2) a notice of the following: 

17 (A) The country whose capacity to engage 

18 in activities in subsection (a) will be assisted. 

19 (B) The budget, implementation timeline 

20 with milestones, and completion date for com21 pleting the activities. 

22 (2) SPECIFIED CONGRESSIONAL COMMIT23 TEES.—The congressional committees specified in 

24 this paragraph are the following: 


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1 (A) The Committee on Foreign Affairs and 

2 the Committee on Appropriations of the House 

3 of Representatives. 

4 (B) The Committee on Foreign Relations 

5 and the Committee on Appropriations of the 

6 Senate. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.— 

8 (1) IN GENERAL.—There is authorized to be 

9 appropriated to the Secretary of State $25,000,000 

10 for each of the fiscal years 2010 and 2011 to con11 duct the program authorized by subsection (a). 

12 (2) USE OF FMF FUNDS.—The Secretary of 

13 State may use up to $25,000,000 of funds available 

14 under the Foreign Military Financing program for 

15 each of the fiscal years 2010 and 2011 to conduct 

16 the program authorized under subsection (a). 

17 (3) AVAILABILITY AND REFERENCE.—Amounts 

18 made available to conduct the program authorized 

19 under subsection (a)— 

20 (A) are authorized to remain available 

21 until expended; and 

22 (B) may be referred to as the ‘‘Security 

23 Assistance Contingency Fund’’. 


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1 SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND. 

2 (a) IN GENERAL.—Section 51(a) of the Arms Export 

3 Control Act (22 U.S.C. 2795(a)) is amended— 

4 (1) in paragraph (1), by striking ‘‘Special De5 fense Acquisition Fund’’ and inserting ‘‘Foreign 

6 Military Sales Stockpile Fund’’; and 

7 (2) in paragraph (4), by inserting ‘‘building the 

8 capacity of recipient countries and’’ before ‘‘nar9 cotics control purposes’’. 

10 (b) CONTENTS OF FUND.—Section 51(b) of the Arms 

11 Export Control Act (22 U.S.C. 2795(b)) is amended— 

12 (1) in paragraph (2), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (3), by inserting ‘‘and’’ at the 

15 end; and 

16 (3) by inserting after paragraph (3) the fol17 lowing: 

18 ‘‘(4) collections from leases made pursuant to 

19 section 61 of this Act,’’. 

20 (c) CONFORMING AMENDMENTS.—(1) The heading 

21 of section 51 of the Arms Export Control Act is amended 

22 by striking ‘‘SPECIAL DEFENSE ACQUISITION FUND’’ and 

23 inserting ‘‘FOREIGN MILITARY SALES STOCKPILE FUND’’. 

24 (2) The heading of chapter 5 of the Arms Export 

25 Control Act is amended by striking ‘‘SPECIAL DE26 FENSE ACQUISITION FUND’’ and inserting 


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1 ‘‘FOREIGN MILITARY SALES STOCKPILE 

2 FUND’’. 

3 SEC. 843. ANNUAL ESTIMATE AND JUSTIFICATION FOR 

4 FOREIGN MILITARY SALES PROGRAM. 

5 Section 25(a)(1) of the Arms Export Control Act (22 

6 U.S.C. 2765(a)(1)) is amended by striking ‘‘, together 

7 with an indication of which sales and licensed commercial 

8 exports’’ and inserting ‘‘and’’. 

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

10 TRADE. 

11 It is the sense of Congress that— 

12 (1) the United States, as the world’s largest ex13 porter of conventional weapons, has a special obliga14 tion to promote responsible practices in the global 

15 arms trade and should actively work to prevent con16 ventional weapons from being used to perpetrate— 

17 (A) breaches of the United Nations Char18 ter relating to the use of force; 

19 (B) gross violations of international human 

20 rights; 

21 (C) serious violations of international hu22 manitarian law; 

23 (D) acts of genocide or crimes against hu24 manity; 

25 (E) acts of terrorism; and 


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1 (F) destabilizing buildups of military 

2 forces and weapons; and 

3 (2) the United States should actively engage in 

4 the development of a legally binding treaty estab5 lishing common international standards for the im6 port, export, and transfer of conventional weapons. 

7 SEC. 845. REPORT ON UNITED STATES’ COMMITMENTS TO 

8 THE SECURITY OF ISRAEL. 

9 (a) INITIAL REPORT.—Not later than 30 days after 

10 the date of the enactment of this Act, the President shall 

11 transmit to the appropriate congressional committees a re12 port that contains— 

13 (1) a complete, unedited, and unredacted copy 

14 of each assurance made by United States Govern15 ment officials to officials of the Government of Israel 

16 regarding Israel’s security and maintenance of 

17 Israel’s qualitative military edge, as well as any 

18 other assurance regarding Israel’s security and 

19 maintenance of Israel’s qualitative military edge pro20 vided in conjunction with exports under the Arms 

21 Export Control Act (22 U.S.C. 2751 et seq.), for the 

22 period beginning on January 1, 1975, and ending on 

23 the date of the enactment of this Act; and 


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1 (2) an analysis of the extent to which, and by 

2 what means, each such assurance has been and is 

3 continuing to be fulfilled. 

4 (b) SUBSEQUENT REPORTS.— 

5 (1) NEW ASSURANCES AND REVISIONS.—The 

6 President shall transmit to the appropriate congres7 sional committees a report that contains the infor8 mation required under subsection (a) with respect 

9 to— 

10 (A) each assurance described in subsection 

11 (a) made on or after the date of the enactment 

12 of this Act, or 

13 (B) revisions to any assurance described in 

14 subsection (a) or subparagraph (A) of this 

15 paragraph, 

16 within 15 days of the new assurance or revision 

17 being conveyed. 

18 (2) 5-YEAR REPORTS.—Not later than 5 years 

19 after the date of the enactment of this Act, and 

20 every 5 years thereafter, the President shall trans21 mit to the appropriate congressional committees a 

22 report that contains the information required under 

23 subsection (a) with respect to each assurance de24 scribed in subsection (a) or paragraph (1)(A) of this 

25 subsection and revisions to any assurance described 


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1 in subsection (a) or paragraph (1)(A) of this sub2 section during the preceding 5-year period. 

3 (c) FORM.—Each report required by this section shall 

4 be transmitted in unclassified form, but may contain a 

5 classified annex, if necessary. 

6 SEC. 846. WAR RESERVES STOCKPILE. 

7 (a) DEPARTMENT OF DEFENSE APPROPRIATIONS

8 ACT, 2005.—Section 12001(d) of the Department of De9 fense Appropriations Act, 2005 (Public Law 108–287; 

10 118 Stat. 1011), is amended by striking ‘‘4’’ and inserting 

11 ‘‘7’’. 

12 (b) FOREIGN ASSISTANCE ACT OF 1961.—Section 

13 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2321h(b)(2)(A)) is amended by striking ‘‘fiscal 

15 years 2007 and 2008’’ and inserting ‘‘fiscal years 2010 

16 and 2011’’. 

17 SEC. 847. EXCESS DEFENSE ARTICLES FOR CENTRAL AND 

18 SOUTH EUROPEAN COUNTRIES AND CERTAIN 

19 OTHER COUNTRIES. 

20 Section 516(e) of the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2321j(e)) is amended— 

22 (1) in paragraph (1), by striking ‘‘paragraph 

23 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 


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1 (2) in paragraph (2), in the heading by striking 

2 ‘‘EXCEPTION’’ and inserting ‘‘GENERAL EXCEP3 TION’’; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(3) EXCEPTION FOR SPECIFIC COUNTRIES.— 

7 For fiscal years 2010 and 2011, the President may 

8 provide for the crating, packing, handling, and 

9 transportation of excess defense articles transferred 

10 under the authority of this section to Albania, Af11 ghanistan, Bulgaria, Croatia, Estonia, Macedonia, 

12 Georgia, India, Iraq, Israel, Kazakhstan, 

13 Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, 

14 Pakistan, Romania, Slovakia, Tajikistan, 

15 Turkmenistan, and Ukraine.’’. 

16 TITLE IX—ACTIONS TO EN17 HANCE THE MERIDA INITIA18 TIVE 

19 Subtitle A—General Provisions 

20 SEC. 901. COORDINATOR OF UNITED STATES GOVERNMENT 

21 ACTIVITIES TO IMPLEMENT THE MERIDA INI22 TIATIVE. 

23 (a) DECLARATION OF POLICY.—Congress declares 

24 that the Merida Initiative is a Department of State-led 

25 initiative which combines the programs of numerous 


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1 United States Government departments and agencies and 

2 therefore requires a single individual to coordinate and 

3 track all Merida Initiative-related efforts government-wide 

4 to avoid duplication, coordinate messaging, and facilitate 

5 accountability to and communication with Congress. 

6 (b) DESIGNATION OF HIGH-LEVEL COORDINATOR.— 

7 (1) IN GENERAL.—The President shall des8 ignate, within the Department of State, a Coordi9 nator of United States Government Activities to Im10 plement the Merida Initiative (hereafter in this sec11 tion referred to as the ‘‘Coordinator’’) who shall be 

12 responsible for— 

13 (A) designing and shaping an overall strat14 egy for the Merida Initiative; 

15 (B) ensuring program and policy coordina16 tion among United States Government depart17 ments and agencies in carrying out the Merida 

18 Initiative, including avoiding duplication among 

19 programs and ensuring that a consistent mes20 sage emanates from the United States Govern21 ment; 

22 (C) ensuring that efforts of the United 

23 States Government are in full consonance with 

24 the efforts of the countries within the Merida 

25 Initiative; 


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1 (D) tracking, in coordination with the rel2 evant officials of the Department of Defense 

3 and other departments and agencies, United 

4 States assistance programs that fulfill the goals 

5 of the Merida Initiative or are closely related to 

6 the goals of the Merida Initiative, including to 

7 the extent possible, tracking information re8 quired under the second section 620J of the 

9 Foreign Assistance Act of 1961 (22 U.S.C. 

10 2378d) (as added by section 651 of division J 

11 of Public Law 110–161) with respect to coun12 tries participating in the Merida Initiative; and 

13 (E) consulting with the Attorney General 

14 and the Secretary of Homeland Security with 

15 respect to the activities of Federal, State, and 

16 local law enforcement authorities in the United 

17 States relating to the goals of the Merida Ini18 tiative, particularly along the United States19 Mexico border. 

20 (2) RANK AND STATUS OF THE COORDI21 NATOR.—The Coordinator should have the rank and 

22 status of ambassador. 

23 SEC. 902. ADDING THE CARIBBEAN TO THE MERIDA INITIA24 TIVE. 

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


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1 (1) The illicit drug trade—which has taken a 

2 toll on the small countries of the Caribbean Commu3 nity (CARICOM) for many years—is now moving 

4 even more aggressively into these countries. 

5 (2) A March 2007 joint report by the United 

6 Nations Office on Drugs and Crime (UNODC) and 

7 the World Bank noted that murder rates in the Car8 ibbean—at 30 per 100,000 population annually—are 

9 higher than for any other region of the world and 

10 have risen in recent years for many of the region’s 

11 countries. The report also argues that the strongest 

12 explanation for the high crime and violence rates in 

13 the Caribbean and their rise in recent years is drug 

14 trafficking. 

15 (3) If the United States does not move quickly 

16 to provide Merida Initiative assistance to the 

17 CARICOM countries, the positive results of the 

18 Merida Initiative in Mexico and Central America will 

19 move the drug trade deeper into the Caribbean and 

20 multiply the already alarming rates of violence. 

21 (b) CONSULTATIONS.—Not later than 30 days after 

22 the date of the enactment of this Act, the Secretary of 

23 State is authorized to consult with the countries of the 

24 Caribbean Community (CARICOM) in preparation for 

25 their inclusion into the Merida Initiative. 


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1 (c) INCORPORATION OF CARICOM COUNTRIES INTO

2 THE MERIDA INITIATIVE.—The President is authorized to 

3 incorporate the CARICOM countries into the Merida Ini4 tiative. 

5 SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUA6 TION MECHANISM. 

7 (a) DEFINITIONS.—In this section: 

8 (1) IMPACT EVALUATION RESEARCH.—The 

9 term ‘‘impact evaluation research’’ means the appli10 cation of research methods and statistical analysis to 

11 measure the extent to which change in a population12 based outcome can be attributed to program inter13 vention instead of other environmental factors. 

14 (2) OPERATIONS RESEARCH.—The term ‘‘oper15 ations research’’ means the application of social 

16 science research methods, statistical analysis, and 

17 other appropriate scientific methods to judge, com18 pare, and improve policies and program outcomes, 

19 from the earliest stages of defining and designing 

20 programs through their development and implemen21 tation, with the objective of the rapid dissemination 

22 of conclusions and concrete impact on programming. 

23 (3) PROGRAM MONITORING.—The term ‘‘pro24 gram monitoring’’ means the collection, analysis, 

25 and use of routine program data to determine how 


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1 well a program is carried out and how much the pro2 gram costs. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) to successfully support building the capacity 

6 of recipient countries’ civilian security institutions, 

7 enhance the rule of law in recipient countries, and 

8 ensure the protection of human rights, the President 

9 should establish a program to conduct impact eval10 uation research, operations research, and program 

11 monitoring to ensure effectiveness of assistance pro12 vided under the Merida Initiative; 

13 (2) long-term solutions to the security problems 

14 of Merida recipient countries depend on increasing 

15 the effectiveness and responsiveness of their civilian 

16 institutions, including their judicial system; 

17 (3) a specific program of impact evaluation re18 search, operations research, and program moni19 toring, established at the inception of the program, 

20 is required to permit assessment of the operational 

21 effectiveness of the impact of United States assist22 ance towards these goals; and 

23 (4) the President, in developing performance 

24 measurement methods under the impact evaluation 

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1 toring, should consult with the appropriate congres2 sional committees as well as the governments of 

3 Merida recipient countries. 

4 (c) IMPACT EVALUATION RESEARCH, OPERATION

5 RESEARCH, AND PROGRAM MONITORING OF ASSIST6 ANCE.—The President shall establish and implement a 

7 program to assess the effectiveness of assistance provided 

8 under the Merida Initiative through impact evaluation re9 search on a selected set of programmatic interventions, op10 erations research in areas to ensure efficiency and effec11 tiveness of program implementation, and monitoring to 

12 ensure timely and transparent delivery of assistance. 

13 (d) REQUIREMENTS.—The program required under 

14 subsection (c) shall include— 

15 (1) a delineation of key impact evaluation re16 search and operations research questions for main 

17 components of assistance provided under the Merida 

18 Initiative; 

19 (2) an identification of measurable performance 

20 goals for each of the main components of assistance 

21 provided under the Merida Initiative, to be expressed 

22 in an objective and quantifiable form at the incep23 tion of the program; 


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1 (3) the use of appropriate methods, based on 

2 rigorous social science tools, to measure program im3 pact and operational efficiency; and 

4 (4) adherence to a high standard of evidence in 

5 developing recommendations for adjustments to such 

6 assistance to enhance the impact of such assistance. 

7 (e) CONSULTATION WITH CONGRESS.—Not later 

8 than 60 days after the date of the enactment of this Act, 

9 the President shall brief and consult with the appropriate 

10 congressional committees regarding the progress in estab11 lishing and implementing the program required under sub12 section (c). 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

14 amounts authorized to be appropriated for the Merida Ini15 tiative, up to five percent of such amounts is authorized 

16 to be appropriated to carry out this section. 

17 (g) REPORT.— 

18 (1) IN GENERAL.—Not later than 180 days 

19 after the date of the enactment of this section and 

20 not later than December 1 of each year thereafter, 

21 the President shall transmit to the appropriate con22 gressional committees a report regarding programs 

23 and activities carried out under the Merida Initiative 

24 during the preceding fiscal year. 


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1 (2) MATTERS TO BE INCLUDED.—The reports 

2 required under subsection (g) shall include the fol3 lowing: 

4 (A) FINDINGS.—Findings related to the 

5 impact evaluation research, operation research, 

6 and program monitoring of assistance program 

7 established under subsection (c). 

8 (B) COORDINATION.—Efforts of the 

9 United States Government to coordinate its ac10 tivities, including— 

11 (i) a description of all counter12 narcotics and organized crime assistance 

13 provided to Merida Initiative recipient 

14 countries in the previous fiscal year; 

15 (ii) an assessment of how such assist16 ance was coordinated; and 

17 (iii) recommendations for improving 

18 coordination. 

19 (C) TRANSFER OF EQUIPMENT.—A de20 scription of the transfer of equipment, includ21 ing— 

22 (i) a description of the progress of 

23 each recipient country toward the transfer 

24 of equipment, if any, from its armed forces 

25 to law enforcement agencies; 


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1 (ii) a list of agencies that have used 

2 air assets provided by the United States 

3 under the Merida Initiative to the govern4 ment of each recipient country, and, to the 

5 extent possible, a detailed description of 

6 those agencies that have utilized such air 

7 assets, such as by a percentage breakdown 

8 of use by each agency; and 

9 (iii) a description of training of law 

10 enforcement agencies to operate equip11 ment, including air assets. 

12 (D) HUMAN RIGHTS.—In accordance with 

13 sections 116(d) and 502B(b) of the Foreign As14 sistance Act of 1961 (22 U.S.C. 2151n(d) and 

15 2304(b)) and section 504 of the Trade Act of 

16 1974 (19 U.S.C. 2464), an assessment of the 

17 human rights impact of the equipment and 

18 training provided under the Merida Initiative, 

19 including— 

20 (i) a list of accusations of serious 

21 human rights abuses committed by the 

22 armed forces and law enforcement agencies 

23 of recipient countries on or after the date 

24 of the enactment of this Act; and 


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1 (ii) a description of efforts by the gov2 ernments of Merida recipient countries to 

3 investigate and prosecute allegations of 

4 abuses of human rights committed by any 

5 agency of such recipient countries. 

6 (E) EFFECTIVENESS OF EQUIPMENT.—An 

7 assessment of the long-term effectiveness of the 

8 equipment and maintenance packages and 

9 training provided to each recipient country’s se10 curity institutions. 

11 (F) MEXICO PUBLIC SECURITY STRAT12 EGY.—A description of Mexico’s development of 

13 a public security strategy, including— 

14 (i) effectiveness of the Mexican Fed15 eral Registry of Police Personnel to vet po16 lice recruiting at the National, state, and 

17 municipal levels to prevent rehiring from 

18 one force to the next after dismissal for 

19 corruption and other reasons; and 

20 (ii) an assessment of how the Merida 

21 Initiative complements and supports the 

22 Mexican Government’s own public security 

23 strategy. 


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1 (G) FLOW OF ILLEGAL ARMS.—A descrip2 tion and assessment of efforts to reduce the 

3 southbound flow of illegal arms. 

4 (H) USE OF CONTRACTORS.—A detailed 

5 description of contracts awarded to private 

6 companies to carry out provisions of the Merida 

7 Initiative, including— 

8 (i) a description of the number of 

9 United States and foreign national civilian 

10 contractors awarded contracts; 

11 (ii) a list of the total dollar value of 

12 the contracts; and 

13 (iii) the purposes of the contracts. 

14 (I) PHASE OUT OF LAW ENFORCEMENT

15 ACTIVITIES.—A description of the progress of 

16 phasing out law enforcement activities of the 

17 armed forces of each recipient country. 

18 (J) IMPACT ON BORDER VIOLENCE AND

19 SECURITY.—A description of the impact that 

20 activities authorized under the Merida Initiative 

21 have had on violence against United States and 

22 Mexican border personnel and the extent to 

23 which these activities have increased the protec24 tion and security of the United States-Mexico 

25 border. 


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1 SEC. 904. MERIDA INITIATIVE DEFINED. 

2 In this subtitle, the term ‘‘Merida Initiative’’ means 

3 the program announced by the United States and Mexico 

4 on October 22, 2007, to fight illicit narcotics trafficking 

5 and criminal organizations throughout the Western Hemi6 sphere. 

7 Subtitle B—Prevention of Illicit 

8 Trade in Small Arms and Light 

9 Weapons 

10 SEC. 911. TASK FORCE ON THE PREVENTION OF ILLICIT 

11 SMALL ARMS TRAFFICKING IN THE WESTERN 

12 HEMISPHERE. 

13 (a) ESTABLISHMENT.—The President shall establish 

14 an inter-agency task force to be known as the ‘‘Task Force 

15 on the Prevention of Illicit Small Arms Trafficking in the 

16 Western Hemisphere’’ (in this section referred to as the 

17 ‘‘Task Force’’). 

18 (b) DUTIES.—The Task Force shall develop a strat19 egy for the Federal Government to coordinate efforts to 

20 reduce and prevent illegal firearms trafficking from the 

21 United States throughout the Western Hemisphere, in22 cluding Mexico, Central America, the Caribbean, and 

23 South America. The Task Force shall— 

24 (1) coordinate strategies for maximizing co25 operation among departments and agencies of the 

26 Federal Government and the use of resources of the 


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1 Federal Government to identify the sources and 

2 types of firearms illegally trafficked from the United 

3 States; 

4 (2) conduct a thorough review and analysis of 

5 the current regulation of exports of small arms and 

6 light weapons; and 

7 (3) develop integrated Federal policies to better 

8 control exports of small arms and light weapons in 

9 a manner that furthers the foreign policy and na10 tional security interests of the United States within 

11 the Western Hemisphere. 

12 (c) MEMBERSHIP.—The Task Force shall be com13 posed of— 

14 (1) the Secretary of State; 

15 (2) the Attorney General; 

16 (3) the Secretary of Homeland Security; and 

17 (4) the heads of other Federal departments and 

18 agencies as appropriate. 

19 (d) CHAIRPERSON.—The Secretary of State shall 

20 serve as the chairperson of the Task Force. 

21 (e) MEETINGS.—The Task Force shall meet at the 

22 call of the chairperson or a majority of its members. 

23 (f) ANNUAL REPORTS.—Not later than one year after 

24 the date of the enactment of this Act and annually there25 after until October 31, 2014, the chairperson of the Task 


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1 Force shall submit to Congress and make available to the 

2 public a report that contains— 

3 (1) a description of the activities of the Task 

4 Force during the preceding year; and 

5 (2) the findings, strategies, recommendations, 

6 policies, and initiatives developed pursuant to the 

7 duties of the Task Force under subsection (b) dur8 ing the preceding year. 

9 SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAF10 FICKING IN SMALL ARMS AND LIGHT WEAP11 ONS TO MEXICO. 

12 (a) IN GENERAL.—Notwithstanding section 38(c) of 

13 the Arms Export Control Act (22 U.S.C. 2778(c)), any 

14 person who willfully exports to Mexico any small arm or 

15 light weapon without a license in violation of the require16 ments of section 38 of such Act shall upon conviction be 

17 fined for each violation not less than $1,000,000 but not 

18 more than $3,000,000 and imprisoned for not more than 

19 ten years, or both. 

20 (b) DEFINITION.—In this section, the term ‘‘small 

21 arm or light weapon’’ means any item listed in Category 

22 I(a), Category III (as it applies to Category I(a)), or gre23 nades under Category IV(a) of the United States Muni24 tions List (as contained in part 121 of title 22, Code of 


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1 Federal Regulations (or successor regulations)) that re2 quires a license for international export under this section. 

3 (c) SUNSET.—Subsection (a) shall not apply begin4 ning on any date after September 30, 2012, on which the 

5 President transmits to Congress a certification that con6 tains a determination of the President that the increased 

7 penalties in subsection (a) are no longer necessary. 

8 SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM. 

9 Section 36(b) of the State Department Basic Au10 thorities Act of 1956 (22 U.S.C. 2708(b)) is amended— 

11 (1) by redesignating paragraphs (4) through 

12 (7) as paragraphs (5) through (8), respectively; 

13 (2) by inserting after paragraph (3) the fol14 lowing new paragraph: 

15 ‘‘(4) the arrest or conviction in any country of 

16 any individual for illegally exporting or attempting 

17 to export to Mexico any small arm or light weapon 

18 (as defined in section 912(b) of the Foreign Rela19 tions Authorization Act, Fiscal Years 2010 and 

20 2011;’’; and 

21 (3) in paragraphs (5) and (6) (as redesignated), 

22 by striking ‘‘paragraph (1), (2), or (3)’’ each place 

23 it appears and inserting ‘‘paragraph (1), (2), (3), or 

24 (4)’’. 


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1 SEC. 914. STATEMENT OF CONGRESS SUPPORTING UNITED 

2 STATES RATIFICATION OF CIFTA. 

3 Congress supports the ratification by the United 

4 States of the Inter-American Convention Against the Il5 licit Manufacturing of and Trafficking in Firearms, Am6 munition, Explosives, and Other Related Materials. 

7 TITLE X—REPORTING 

8 REQUIREMENTS 

9 SEC. 1001. ASSESSMENT OF SPECIAL COURT FOR SIERRA 

10 LEONE. 

11 Not later than 180 days after the date of the enact12 ment of this Act, the Secretary of State shall submit to 

13 the appropriate congressional committees an assessment 

14 on the continuing needs of the Special Court for Sierra 

15 Leone, including an assessment of the following activities 

16 of the Special Court: 

17 (1) Witness protection. 

18 (2) Archival activities, including recordkeeping 

19 associated with future legal work by the Special 

20 Court. 

21 (3) The residual registrar’s capacity for enforc22 ing Special Court sentences and maintaining rela23 tions with countries hosting imprisoned convicts of 

24 the Special Court, legal decisionmaking regarding 

25 future appeals, conditions of prisoner treatment, 


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1 contempt proceedings, and financial matters relating 

2 to such activities. 

3 (4) Transfer or maintenance of Special Court 

4 records to a permanent recordkeeping authority in 

5 Sierra Leone. 

6 (5) Ongoing needs or programs for community 

7 outreach, for the purpose of reconciliation and heal8 ing, regarding the Special Court’s legal proceedings 

9 and decisions. 

10 (6) Plans for the Special Court’s facilities in Si11 erra Leone and plans to use the Special Court, and 

12 expertise of its personnel, for further development of 

13 the legal profession and an independent and effective 

14 judiciary in Sierra Leone. 

15 (7) Unresolved cases, or cases that were not 

16 prosecuted. 

17 SEC. 1002. REPORT ON UNITED STATES CAPACITIES TO 

18 PREVENT GENOCIDE AND MASS ATROCITIES. 

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

20 (1) The lack of an effective government-wide 

21 strategy and adequate capacities for preventing 

22 genocide and mass atrocities against civilians under23 mines the ability of the United States to contribute 

24 to the maintenance of global peace and security and 

25 protect vital United States interests. 


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1 (2) The December 2008 Report of the Genocide 

2 Prevention Task Force, co-chaired by former Sec3 retary of State Madeline Albright and former Sec4 retary of Defense William Cohen offers a valuable 

5 blueprint for strengthening United States capacities 

6 to help prevent genocide and mass atrocities. 

7 (3) Specific training and staffing will enhance 

8 the diplomatic capacities of the Department of State 

9 to help prevent and respond to threats of genocide 

10 and mass atrocities. 

11 (b) REPORT.— 

12 (1) REPORT REQUIRED.—Not later than 180 

13 days after the date of the enactment of this Act, the 

14 Secretary of State shall submit to the appropriate 

15 congressional committees a report outlining specific 

16 plans for the development of a government-wide 

17 strategy and the strengthening of United States ci18 vilian capacities for preventing genocide and mass 

19 atrocities against civilians. 

20 (2) CONTENT.—The report required under 

21 paragraph (1) shall include the following: 

22 (A) An evaluation of current mechanisms 

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1 tions of genocide, mass atrocities, and other 

2 mass violence. 

3 (B) An assessment of current capacities 

4 within the Department of State, including spe5 cific staffing and training, for early warning, 

6 preventive diplomacy, and crisis response to 

7 help avert genocide and mass atrocities. 

8 (C) An evaluation of United States foreign 

9 assistance programs and mechanisms directed 

10 toward the prevention of genocide and mass 

11 atrocities, including costs, challenges to imple12 mentation, and successes of such programs and 

13 mechanisms. 

14 (D) An assessment of the feasibility, effec15 tiveness, and potential costs of implementing 

16 key recommendations made by the Genocide 

17 Prevention Task Force, including the establish18 ment of an Atrocities Prevention Committee 

19 within the National Security Council and in20 creased annual and contingency funding for the 

21 prevention of genocide and mass atrocities. 

22 (E) Recommendations to further strength23 en United States capacities to help prevent 

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1 nisms, strengthened diplomatic capacities of the 

2 Department of State, and improved use of 

3 United States foreign assistance. 

4 SEC. 1003. REPORTS RELATING TO PROGRAMS TO ENCOUR5 AGE GOOD GOVERNANCE. 

6 (a) IN GENERAL.—Subparagraph (C) of section 

7 133(d)(2) of the Foreign Assistance Act of 1961 (22 

8 U.S.C. 2152c(d)(2)) is amended by inserting at the end 

9 before the period the following: ‘‘, including, with respect 

10 to a country that produces or exports large amounts of 

11 natural resources such as petroleum or natural resources, 

12 the degree to which citizens of the country have access 

13 to information about government revenue from the extrac14 tion of such resources and credible reports of human 

15 rights abuses against individuals from civil society or the 

16 media seeking to monitor such extraction.’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall apply with respect to reports required 

19 to be transmitted under section 133(d)(2) of the Foreign 

20 Assistance Act of 1961, as so amended, on or after the 

21 date of the enactment of this Act. 

22 SEC. 1004. REPORTS ON HONG KONG. 

23 Section 301 of the United States-Hong Kong Policy 

24 Act of 1992 (Public Law 102–383; 22 U.S.C. 5731) is 

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1 ing ‘‘and March 31, 2006’’ and inserting ‘‘March 31, 

2 2006, and March 31, 2010, and March 31 of every subse3 quent year through 2020’’. 

4 SEC. 1005. DEMOCRACY IN GEORGIA. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the development and consolidation of effective 

7 democratic governance in Georgia, including free and fair 

8 electoral processes, respect for human rights and the rule 

9 of law, an independent media, an independent judiciary, 

10 a vibrant civil society, as well as transparency and ac11 countability of the executive branch and legislative proc12 ess, is critically important to Georgia’s integration into 

13 Euro-Atlantic institutions, stability in the Caucasus re14 gion, and United States national security. 

15 (b) REPORT ON DEMOCRACY IN GEORGIA.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, and not 

18 later than December 31 of each of the two fiscal 

19 years thereafter, the Secretary of State shall submit 

20 to the Committee on Foreign Affairs of the House 

21 of Representatives and the Committee on Foreign 

22 Relations of the Senate a report on the programs, 

23 projects, and activities carried out in Georgia with 

24 United States foreign assistance following the Au25 gust 2008 conflict with Russia. 


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1 (2) CONTENTS.—The report required under 

2 paragraph (1) shall include information concerning 

3 the following: 

4 (A) The amount of United States assist5 ance obligated and expended for reconstruction 

6 activities for the prior fiscal year. 

7 (B) A description of the programs funded 

8 by such assistance, including humanitarian aid, 

9 reconstruction of critical infrastructure, eco10 nomic development, political and democratic de11 velopment, and broadcasting. 

12 (C) An evaluation of the impact of such 

13 programs, including their contribution to the 

14 consolidation of democracy in Georgia and ef15 forts by the Government of Georgia to improve 

16 democratic governance. 

17 (D) An analysis of the implementation of 

18 the United States-Georgia Charter on Strategic 

19 Partnership. 

20 SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that the United States should assist Israel in its ef23 forts to establish diplomatic relations. 

24 (b) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act and annually thereafter, the 


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1 Secretary of State shall submit to the appropriate congres2 sional committees a report that includes the following in3 formation: 

4 (1) Actions taken by representatives of the 

5 United States to encourage other countries to estab6 lish full diplomatic relations with Israel. 

7 (2) Specific responses solicited and received by 

8 the Secretary from countries that do not maintain 

9 full diplomatic relations with Israel with respect to 

10 their attitudes toward and plans for entering into 

11 diplomatic relations with Israel. 

12 (3) Other measures being undertaken, and 

13 measures that will be undertaken, by the United 

14 States to ensure and promote Israel’s full participa15 tion in the world diplomatic community. 

16 (c) FORM OF SUBMISSION.—The report required 

17 under subsection (b) may be submitted in classified or un18 classified form, as the Secretary determines appropriate. 

19 SEC. 1007. POLICE TRAINING REPORT. 

20 (a) IN GENERAL.—Not later than 180 days after the 

21 date of the enactment of this Act, the President shall, in 

22 coordination with the heads of relevant Federal depart23 ments and agencies, conduct a study and transmit to Con24 gress a report on current overseas civilian police training 


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1 in countries or regions that are at risk of, in, or are in 

2 transition from, conflict or civil strife. 

3 (b) CONTENTS.—The report required under sub4 section (a) shall contain information on the following: 

5 (1) The coordination, communication, program 

6 management, and policy implementation among the 

7 United States civilian police training programs in 

8 countries or regions that are at risk of, in, or are 

9 in transition from, conflict or civil strife. 

10 (2) The number of private contractors con11 ducting such training, and the quality and cost of 

12 such private contractors. 

13 (3) An assessment of pre-training procedures 

14 for verification of police candidates to adequately as15 sess their aptitude, professional skills, integrity, and 

16 other qualifications that are essential to law enforce17 ment work. 

18 (4) An analysis of the practice of using existing 

19 Federal police entities to provide civilian police 

20 training in countries or regions that are at risk of, 

21 in, or are in transition from, conflict or civil strife, 

22 along with the subject matter expertise that each 

23 such entity may provide to meet local needs in lieu 

24 of the use of private contractors. 


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1 (5) Provide recommendations, including rec2 ommendations related to required resources and ac3 tions, to maximize the effectiveness and interagency 

4 coordination and the adequate provision of civilian 

5 police training programs in countries or regions that 

6 are at risk of, in, or are in transition from, conflict 

7 or civil strife. 

8 SEC. 1008. REPORTS ON HUMANITARIAN ASSISTANCE IN 

9 GAZA. 

10 (a) IN GENERAL.—Not later than 180 days after the 

11 date of the enactment of this Act and one year thereafter, 

12 the Secretary of State shall submit to the appropriate con13 gressional committees a report detailing the humanitarian 

14 conditions and efficacy and obstacles to humanitarian and 

15 reconstruction assistance activities in Gaza. 

16 (b) CONTENTS.—The reports required under sub17 section (a) shall include the following: 

18 (1) An assessment of the level of access to basic 

19 necessities in Gaza, including food, fuel, water, sani20 tation, education, and healthcare. 

21 (2) An assessment of the ability to successfully 

22 deliver and distribute humanitarian and reconstruc23 tion goods and supplies. 

24 (3) A description of the efforts of the United 

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1 tribution of humanitarian and reconstruction assist2 ance in Gaza. 

3 (4) An assessment of the obstacles to the deliv4 ery of humanitarian and reconstruction assistance, 

5 including the activities and policies of Hamas and 

6 any organization designated as a foreign terrorist or7 ganization under section 219 of the Immigration and 

8 Nationality Act. 

9 (5) Recommendations for actions the United 

10 States can take to best improve the level of access 

11 to basic necessities referred to in paragraph (1) and 

12 overcome obstacles described in paragraphs (2) 

13 through (4). 

14 TITLE XI—MISCELLANEOUS 

15 PROVISIONS 

16 Subtitle A—General Provisions 

17 SEC. 1101. BILATERAL COMMISSION WITH NIGERIA. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that not later than 180 days after the date of the 

20 enactment of this Act, the President should establish a 

21 bilateral commission between the United States and Nige22 ria to support bilateral cooperation in the areas of— 

23 (1) trade and development; 

24 (2) economic integration; 


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1 (3) infrastructure planning, finance, develop2 ment, and management; 

3 (4) budget reform and public finance manage4 ment; 

5 (5) higher education, including applied re6 search; 

7 (6) energy; 

8 (7) peace and security reform; 

9 (8) rule of law; 

10 (9) anti-corruption efforts, establishment of 

11 greater transparency, and electoral reform; and 

12 (10) monitoring whether bilateral efforts under13 taken between respective Federal, State, and local 

14 governments are achieving the goals set forth by the 

15 Governments of the United States and Nigeria. 

16 (b) BILATERAL COMMISSION.— 

17 (1) COMPOSITION.—If the President establishes 

18 the bilateral commission referred to in subsection 

19 (a), the commission should have an equal number of 

20 members representing the United States and Nigeria 

21 and appointed by the respective Presidents of each 

22 country. Members should include representatives of 

23 Federal, State, and local governments, the private 

24 sector, and civil society organizations. 

25 (2) FUNCTIONS.—The commission should— 


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1 (A) work to establish a bilateral process 

2 that establishes the mission, goals, and objec3 tives of a bilateral partnership and establish 

4 guidelines for accountability and rules to meas5 ure the effectiveness for any initiatives under6 taken; 

7 (B) monitor bilateral technical assistance 

8 and capacity building projects that are con9 sistent with and further the mission, goals, and 

10 objectives established by the commission; and 

11 (C) submit to the United States President, 

12 the United States Congress, the Nigerian Presi13 dent, and the Nigerian National Assembly a re14 port on the amount of progress achieved on 

15 projects undertaken by the two governments to 

16 achieve bilaterally-determined goals established 

17 by the commission. 

18 (3) MONITORING OF PROJECTS.—The commis19 sion should select and monitor specific projects that 

20 involve an exchange of personnel between the Gov21 ernments of the United States and Nigeria to deter22 mine whether technical assistance and capacity 

23 building are being used effectively and whether mu24 tual benefit is being gained through the implementa25 tion of such bilateral projects. 


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1 (4) REVIEW AND REPORT.—The Secretary of 

2 State should review the work of the commission and 

3 annually submit to the President and Congress a re4 port on whether progress has been made to meet the 

5 goals set forth by the commission and whether bilat6 eral efforts have served the interest of United States 

7 and Nigerian bilateral relations. 

8 (5) UNITED STATES CONTRIBUTIONS.—United 

9 States contributions to support the Commission 

10 should be financed through existing resources. 

11 SEC. 1102. AUTHORITIES RELATING TO THE SOUTHERN AF12 RICA ENTERPRISE DEVELOPMENT FUND. 

13 (a) USE OF PRIVATE VENTURE CAPITAL.— 

14 (1) IN GENERAL.—In order to maximize the ef15 fectiveness of the activities of the Southern Africa 

16 Enterprise Development Fund, the Fund may con17 duct public offerings or private placements for the 

18 purpose of soliciting and accepting private venture 

19 capital which may be used, separately or together 

20 with funds made available from the United States 

21 Government, for any lawful investment purpose that 

22 the Board of Directors of the Fund may determine 

23 in carrying out the activities of the Fund. 

24 (2) DISTRIBUTION OF FINANCIAL RETURNS.— 

25 Financial returns on Fund investments that include 


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1 a component of private venture capital may be dis2 tributed, at such times and in such amounts as the 

3 Board of Directors of the Fund may determine, to 

4 the investors of such capital. 

5 (b) NONAPPLICABILITY OF OTHER LAWS.—The 

6 heads of Federal departments and agencies may conduct 

7 programs and activities and provide services in support of 

8 the activities of the Fund notwithstanding any other provi9 sion of law. 

10 (c) DEFINITION.—In this section, the term ‘‘South11 ern Africa Enterprise Development Fund’’ or ‘‘Fund’’ in12 cludes— 

13 (1) any successor or related entity to the South14 ern Africa Enterprise Development Fund that is ap15 proved the United States Government; and 

16 (2) any organization, corporation, limited-liabil17 ity partnership, foundation, or other corporate struc18 ture that receives, or is authorized by the United 

19 States Government to manage, any or all of the re20 maining funds or assets of the Southern Africa En21 terprise Development Fund. 


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1 SEC. 1103. DIABETES TREATMENT AND PREVENTION AND 

2 SAFE WATER AND SANITATION FOR PACIFIC 

3 ISLAND COUNTRIES. 

4 (a) IN GENERAL.—There is authorized to be appro5 priated $500,000 for each of fiscal years 2010 and 2011 

6 to establish a diabetes prevention and treatment program 

7 for Pacific Island countries and for safe water and sanita8 tion. 

9 (b) PACIFIC ISLAND COUNTRIES DEFINED.—In this 

10 section, the term ‘‘Pacific Island countries’’ means Fiji, 

11 Kiribati, the Marshall Islands, the Federated States of Mi12 cronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, 

13 Solomon Islands, Tonga, Tuvalu, and Vanuatu. 

14 SEC. 1104. STATELESSNESS. 

15 (a) PURPOSE.—It is the purpose of this section to 

16 increase global stability and security for the United States 

17 and the international community and decrease trafficking 

18 and discrimination by reducing the number of individuals 

19 who are de jure or de facto stateless and as a consequence 

20 are unable to avail themselves of their right to a nation21 ality and its concomitant rights and obligations and are 

22 excluded from full participation in civil society. 

23 (b) FINDINGS.—Congress finds the following: 

24 (1) The right to a nationality is a foundation of 

25 human rights, and a deterrent to displacement and 

26 disaffection. The State is the primary vehicle 


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1 through which individuals are guaranteed their in2 alienable rights and are made subject to the rule of 

3 law. Regional stability and security are undermined 

4 when individuals cannot avail themselves of their 

5 right to a nationality and its concomitant rights and 

6 obligations and are excluded from full participation 

7 in civil society. 

8 (2) The right to a nationality and citizenship is 

9 therefore specifically protect in international declara10 tions and treaties, including Article 15 of the Uni11 versal Declaration of Human Rights, the 1954 Con12 vention Relating to the Status of Stateless Persons, 

13 the 1961 Convention on the Reduction of Stateless14 ness, Article 24 of the International Covenant on 

15 Civil and Political Rights, and Article 9(2) of the 

16 Convention on the Elimination of Discrimination 

17 Against Women. 

18 (3) In the 21st century, the adverse effects of 

19 de jure or de facto statelessness still impact at least 

20 an estimated 11,000,000 million people worldwide, 

21 who are unable to avail themselves of the rights of 

22 free people everywhere to an effective nationality, to 

23 the rights to legal residence, to travel, to work in the 

24 formal economy or professions, to attend school, to 

25 access basic health services, to purchase or own 


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1 property, to vote, or to hold elected office, and to 

2 enjoy the protection and security of a country. 

3 (c) THE UNITED NATIONS.— 

4 (1) POLICY.—It shall be the policy of the 

5 United States that the President and the Permanent 

6 Representative of the United States to the United 

7 Nations work with the international community to 

8 increase political and financial support for the work 

9 of the United Nations High Commissioner for Refu10 gees (UNHCR) to prevent and resolve problems re11 lated to de jure and de facto statelessness, and to 

12 promote the rights of the de jure or de facto state13 less, by taking these and other actions: 

14 (A) Increasing the attention of the United 

15 Nations and the UNHCR to de jure and de 

16 facto statelessness and increasing its capacity 

17 to reduce statelessness around the world by co18 ordinating the mainstreaming of de jure and de 

19 facto statelessness into all of the United Na20 tions human rights work, in cooperation with all 

21 relevant United Nations agencies. 

22 (B) Urging United Nations country teams 

23 in countries with significant de jure or de facto 

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1 forts by all United Nations offices, funds, and 

2 programs to bring about the full registration 

3 and documentation of all persons resident in 

4 the territory of each country, either as citizens 

5 or as individuals in need of international protec6 tion. 

7 (C) Urging the creation of an Inter-Agency 

8 Task Force on Statelessness with representa9 tion from the UNHCR, the United Nations 

10 Children’s Fund (UNICEF), and other relevant 

11 United Nations agencies that will coordinate to 

12 increase agency awareness and information ex13 change on de jure and de facto statelessness to 

14 ensure a consistent and comprehensive ap15 proach to the identification of stateless groups 

16 and individuals and resolution of their status. 

17 (D) Urging that nationality and de jure 

18 and de facto statelessness issues are addressed 

19 in all country reviews conducted by United Na20 tions treaty bodies and relevant special mecha21 nisms engaged in country visits, and pursuing 

22 creation of a standing mechanism within the 

23 United Nations to complement the work of the 

24 UNHCR in addressing issues of de jure and de 


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1 facto statelessness that give rise to urgent 

2 human rights or security concerns. 

3 (E) Urging the UNHCR to include nation4 ality and statelessness in all country-specific 

5 and thematic monitoring, reporting, training, 

6 and protection activities, and across special pro7 cedures, and to designate at least one human 

8 rights officer to monitor, report, and coordinate 

9 the office’s advocacy on nationality and de jure 

10 and de facto statelessness. 

11 (F) Urging the United Nations to ensure 

12 that its work on trafficking includes measures 

13 to restore secure citizenship to trafficked 

14 women and girls, and to work with Member 

15 States to guarantee that national legislation 

16 gives women full and equal rights regarding 

17 citizenship. 

18 (G) Urging the United Nations to increase 

19 its capacity to respond to the needs of de jure 

20 or de facto stateless individuals, particularly 

21 children, and to strengthen and expand the 

22 United Nations protection and assistance activi23 ties, particularly in field operations, to better 

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1 sistance needs of de jure or de facto stateless 

2 individuals. 

3 (H) Urging the UNICEF to increase its 

4 efforts to encourage all Member States of the 

5 United Nations to permit full and easy access 

6 to birth registration for all children born in 

7 their territories, particularly in Member States 

8 in which there are displaced populations, and 

9 work with the UNHCR and Member States to 

10 ensure the issuance of birth certificates to all 

11 children born to refugees and displaced persons. 

12 (2) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated $5,000,000 

14 for each of fiscal years 2010 and 2011 to be made 

15 available to improve the UNHCR’s assistance to de 

16 jure or de facto stateless individuals. Such funds 

17 may be used to— 

18 (A) protect the rights, meet emergency hu19 manitarian needs, and provide assistance to de 

20 jure or de facto stateless groups and individ21 uals; 

22 (B) provide additional resources to— 

23 (i) increase the number of protection 

24 officers; 


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1 (ii) increase the number of profes2 sional staff in the statelessness unit; and 

3 (iii) train protection officers and 

4 United Nations country teams in the field 

5 to identify, reduce, protect, and prevent de 

6 jure and de facto statelessness; 

7 (C) improve identification of de jure or de 

8 facto stateless groups and individuals by car9 rying out a comprehensive annual study of the 

10 scope of de jure and de facto statelessness 

11 worldwide, including causes of de jure and de 

12 facto statelessness and dissemination of best 

13 practices for remedying de jure and de facto 

14 statelessness; and 

15 (D) increase the United Nations edu16 cational and technical assistance programs to 

17 prevent de jure and de facto statelessness, in18 cluding outreach to Member States and their 

19 legislatures, with particular emphasis on those 

20 countries determined to have protracted de jure 

21 or de facto statelessness situations. 

22 (3) AUTHORIZATION OF APPROPRIATIONS TO

23 THE UNICEF.—There is authorized to be appro24 priated $3,000,000 for each of fiscal years 2010 and 

25 2011 to augment to the UNICEF’s ability to aid 


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1 countries with significant de jure or de facto state2 less populations to bring about the full registration 

3 of all children born to de jure or de facto stateless 

4 parents. 

5 (d) THE UNITED STATES.— 

6 (1) FOREIGN POLICY.—Given the importance of 

7 obtaining and preserving nationality and the protec8 tion of a government, and of preventing the exploi9 tation or trafficking of de jure or de facto stateless 

10 groups or individuals, the President shall make the 

11 prevention and reduction of de jure or de facto 

12 statelessness an important goal of United States for13 eign policy and human rights efforts. Such efforts 

14 shall include— 

15 (A) calling upon host countries to protect 

16 and assume responsibility for de jure or de 

17 facto stateless groups or individuals; 

18 (B) working with countries of origin to fa19 cilitate the resolution of problems faced by de 

20 jure or de facto stateless groups or individuals; 

21 (C) working with countries of origin and 

22 host countries to facilitate the resolution of dis23 putes and conflicts that cause or result in the 

24 creation of de jure or de facto statelessness; 


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1 (D) encouraging host countries to afford 

2 de jure or de facto stateless groups or individ3 uals the full protection of the 1954 Convention 

4 Relating to the Status of Stateless Persons and 

5 the 1961 Convention on the Reduction of State6 lessness and all relevant international conven7 tions; 

8 (E) directing the Secretary of State to pro9 vide assistance to countries to prevent and re10 solve situations of de jure or de facto stateless11 ness and to prevent the trafficking or exploi12 tation of de jure or de facto stateless individ13 uals; 

14 (F) directing the Office of Trafficking in 

15 Persons of the Department of State to continue 

16 to document and analyze the effects of state17 lessness on trafficking in persons, both as a 

18 cause of trafficking and as an obstacle to reach19 ing and assisting trafficked persons; and 

20 (G) encouraging and facilitating the work 

21 of nongovernmental organizations in the United 

22 States and abroad that provide legal and hu23 manitarian support to de jure or de facto state24 less groups or individuals, to increase the access 

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1 viduals to such organizations, and to encourage 

2 other governments to provide similar support 

3 and access. 

4 (2) UNITED STATES ACTIVITIES.— 

5 (A) IN GENERAL.—Given the importance 

6 of preventing new instances of de jure or de 

7 facto statelessness and the trafficking of de jure 

8 or de facto stateless individuals, and of pro9 tecting the human rights of de jure or de facto 

10 stateless individuals, the President shall submit 

11 to the Committee on Foreign Affairs and the 

12 Committee on the Judiciary of the House of 

13 Representatives and the Committee on Foreign 

14 Relations and the Committee on the Judiciary 

15 of the Senate a report that includes the fol16 lowing: 

17 (i) A list of countries and territories 

18 with significant de jure or de facto state19 less populations under their jurisdictions 

20 and the conditions and consequences of 

21 such de jure or de facto statelessness of 

22 such individuals. 

23 (ii) United States international efforts 

24 to prevent further de jure or de facto 

25 statelessness and encourage the granting 


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1 of full legal protection of the human rights 

2 of de jure or de facto stateless individuals. 

3 (B) STATEMENT OF POLICY.—It shall be 

4 the policy of the United States to comply with 

5 the principles and provisions of the 1954 Con6 vention Relating to the Status of Stateless Per7 sons and the 1961 Convention on the Reduction 

8 of Statelessness to the fullest extent possible 

9 and to encourage other countries to do so as 

10 well. 

11 (C) ACTIONS BY SECRETARY OF STATE.— 

12 (i) INCREASE IN RESOURCES AND

13 STAFF.—The Secretary of State shall per14 manently increase in the Bureau of Popu15 lation, Refugees, and Migration in the De16 partment of State the resources dedicated 

17 to and staff assigned to work toward the 

18 prevention and resolution of de jure and de 

19 facto statelessness and the protection of de 

20 jure or de facto stateless individuals. 

21 (ii) COORDINATION.—To coordinate 

22 United States policies toward combating de 

23 jure and de facto statelessness, the Sec24 retary of State shall establish an Inter25 agency Working Group to Combat StateVerDate Nov 24 2008 05:45 May 15, 2009 Jkt 079200 PO 00000 Frm 00277 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.IH H2410

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1 lessness. This working group should in2 clude representatives of the Bureau of 

3 Population, Refugees and Migration, the 

4 Bureau of International Organizations, the 

5 Bureau of Democracy, Human Rights and 

6 Labor, the Office of Trafficking in Persons 

7 of the Department of State, and the 

8 United States Agency for International 

9 Development, as well as representatives 

10 from relevant offices of the Department of 

11 Justice and relevant offices of the Depart12 ment of Homeland Security. 

13 (D) AUTHORIZATION OF APPROPRIA14 TIONS.—There are authorized to be appro15 priated such sums as may be necessary to carry 

16 out the provisions of this subsection. 

17 SEC. 1105. STATEMENT OF POLICY REGARDING THE ECU18 MENICAL PATRIARCHATE. 

19 It shall be the policy of the United States to urge 

20 Turkey to— 

21 (1) eliminate all forms of discrimination, par22 ticularly discrimination based on race or religion; 

23 (2) grant the Ecumenical Patriarchate appro24 priate international recognition and ecclesiastic suc25 cession; and 


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1 (3) grant the Ecumenical Patriarchate the right 

2 to train clergy of all nationalities, not just Turkish 

3 nationals. 

4 SEC. 1106. TRANSFER OF LIQUIDATED ASSETS OF CERTAIN 

5 ENTERPRISE FUNDS TO LEGACY INSTITU6 TIONS. 

7 (a) TRANSFER OF LIQUIDATED ASSETS.—The Presi8 dent, acting through the Administrator of the United 

9 States Agency for International Development, shall in10 struct each Enterprise Fund described in subsection (b) 

11 to make available to the legacy institution of the Enter12 prise Fund all assets resulting from the liquidation, dis13 solution, or winding up of the Enterprise Fund, in whole 

14 or in part. 

15 (b) ENTERPRISE FUNDS DESCRIBED.—The Enter16 prise Funds described in this subsection are the following: 

17 (1) The U.S. Russia Investment Fund and the 

18 Western Newly Independent States Enterprise Fund 

19 established pursuant to section 498B(c) of the For20 eign Assistance Act of 1961 (22 U.S.C. 2295b(c)). 

21 (2) The Albanian-American Enterprise Fund, 

22 the Baltic-American Enterprise Fund, the Czech and 

23 Slovak American Enterprise Fund, the Hungarian24 American Enterprise Fund, and the Romanian 

25 American Enterprise Fund established pursuant to 


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1 section 201 of the Support for East European De2 mocracy (SEED) Act of 1989 (22 U.S.C. 5421). 

3 SEC. 1107. LIMITATION ON ASSISTANCE FOR HURRICANE 

4 PREPAREDNESS AND OTHER WEATHER CO5 OPERATION ACTIVITIES TO COUNTRIES IN 

6 THE AMERICAS. 

7 (a) SENSE OF CONGRESS.—It is the sense of Con8 gress that the United States should facilitate international 

9 cooperation on hurricane preparedness because— 

10 (1) hundreds of millions of people in the Amer11 icas live in coastal communities and are susceptible 

12 to the immense risks posed by hurricanes; 

13 (2) the need for hurricane tracking overflights 

14 and other weather cooperation activities to track and 

15 monitor hurricanes in the Americas is acute; and 

16 (3) accurate hurricane forecasts can help pre17 vent the loss of life and injury and reduce property 

18 loss and economic disruption. 

19 (b) REPORT.— 

20 (1) IN GENERAL.—Not later than 180 days 

21 after the date of the enactment of this Act, the Sec22 retary of State shall transmit to the appropriate 

23 congressional committees a report on the status of 

24 United States cooperation with other countries in 


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1 the Americas on hurricane preparedness and other 

2 weather cooperation activities. 

3 (2) MATTERS TO BE INCLUDED.—The report 

4 required under paragraph (1) shall include— 

5 (A) a list of countries in the Americas that 

6 do not cooperate with the United States on hur7 ricane preparedness and other weather coopera8 tion activities; and 

9 (B) the status of any negotiations regard10 ing hurricane preparedness and other weather 

11 cooperation activities between the United States 

12 and countries listed in subparagraph (A). 

13 (c) LIMITATION ON ASSISTANCE.—The Secretary of 

14 State may not provide assistance for hurricane prepared15 ness and other weather cooperation activities to countries 

16 listed in the report under subsection (b)(2)(A). 

17 (d) WAIVER.—The Secretary of State may waive the 

18 limitation on assistance requirements under subsection (c) 

19 if the Secretary of State certifies to the appropriate con20 gressional committees that the waiver is in the national 

21 interest of the United States. 

22 SEC. 1108. STATEMENT OF CONGRESS REGARDING AFGHAN 

23 WOMEN. 

24 Congress— 


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1 (1) supports the decision by President Hamid 

2 Karzai of Afghanistan to submit for review the Shi 

3 ’ite Personal Status Law and strongly urges him not 

4 to publish such law on the grounds that such law 

5 violates the basic human rights of women and is in6 consistent with the Constitution of Afghanistan; 

7 (2) urges President Karzai, the Ministry of 

8 Justice, and other parties involved in reviewing the 

9 law to formally declare as unconstitutional the provi10 sions of such law regarding marital rape and restric11 tions on women’s freedom of movement; 

12 (3) reiterates its strong sense that the provi13 sions in such law which restrict the rights of women 

14 should be removed, and that an amended draft of 

15 the Shi’ite Personal Status Law should be submitted 

16 for parliamentary review; 

17 (4) encourages the Secretary of State, the Spe18 cial Representative for Afghanistan and Pakistan, 

19 the Ambassador-at-Large for Global Women’s 

20 Issues, and the United States Ambassador to Af21 ghanistan to consider and address the status of 

22 women’s rights and security in Afghanistan to en23 sure that such rights are not being eroded through 

24 unjust laws, policies, or institutions; and 


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1 (5) encourages the Government of Afghanistan 

2 to solicit information and advice from the Ministry 

3 of Justice, the Ministry for Women’s Affairs, the Af4 ghanistan Independent Human Rights Commission, 

5 and women-led nongovernmental organizations to 

6 ensure that current and future legislation and offi7 cial policies protect and uphold the equal rights of 

8 women, including through national campaigns to 

9 lead public discourse on the importance of women’s 

10 status and rights to the overall stability of Afghani11 stan. 

12 SEC. 1109. GLOBAL PEACE OPERATIONS INITIATIVE PRO13 GRAMS AND ACTIVITIES. 

14 (a) FINDINGS.—Congress makes the following find15 ings: 

16 (1) Over 100,000 military and civilian per17 sonnel are engaged in 18 United Nations peace18 keeping operations around the world. Peacekeeping 

19 operations are critical to maintaining a peaceful and 

20 stable international environment. 

21 (2) The United States has a vital interest in en22 suring that United Nations peacekeeping operations 

23 are successful. Countries undergoing conflict threat24 en the national and economic security of the United 

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1 nizations, and often feature levels of human rights 

2 abuses and human deprivation that are an affront to 

3 the values of the American people. 

4 (3) Over the years, United Nations peace5 keeping has evolved to meet the demands of dif6 ferent conflicts and a changing political landscape. 

7 Today’s peacekeeping mission is most often ‘‘multi8 dimensional’’ and includes a wide variety of complex 

9 tasks such as civilian protection, helping to build 

10 sustainable institutions of governance, human rights 

11 monitoring, security sector reform, facilitating deliv12 ery of humanitarian relief and disarmament, demobi13 lization and reintegration of former combatants. 

14 (4) United Nations peacekeeping operations 

15 allow the United States to respond to global crises 

16 within a multilateral framework with costs shared 

17 among nations. A 2007 Government Accountability 

18 Office report found that in general a United States 

19 peacekeeping operation is likely to be ‘‘much more 

20 expensive’’ than a United Nations peacekeeping op21 eration, regardless of location. 

22 (5) In many missions due to vast swaths of ter23 rain and limited infrastructure, ongoing low-inten24 sity fighting, and the presence of ‘‘peace spoilers’’, 

25 United Nations peacekeepers cannot carry out the 


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1 complex tasks with which they are charged without 

2 critical enablers, and in particular air assets. 

3 (6) The United Nations Secretary-General has 

4 repeatedly noted the deleterious impact of insuffi5 cient helicopters for peacekeeping missions in Darfur 

6 and the Democratic Republic of the Congo. History 

7 has shown that under-resourced peacekeeping troops 

8 are not only unable to carry out their mandates, 

9 they erode the credibility of the United Nations and 

10 are themselves likely to come under attack. 

11 (7) Senate Resolution 432 and House Resolu12 tion 1351 of the 110th Congress— 

13 (A) urged members of the international 

14 community, including the United States, that 

15 possessed the capability to provide tactical and 

16 utility helicopters needed for the United Na17 tions-African Union Mission in Darfur 

18 (UNAMID) to do so as soon as possible; and 

19 (B) urged the President to intervene per20 sonally by contacting other heads of state and 

21 asking them to contribute the aircraft and 

22 crews to the Darfur mission. 

23 (8) The current framework of relying on mem24 ber countries to provide air assets on a volunteer 

25 basis has not yielded sufficient results. The United 


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1 Nations still faces a shortfall of over 50 helicopters 

2 for UNAMID, the Democratic Republic of Congo 

3 (MONUC), and the Republic of Chad 

4 (MINURCAT). A review of trend lines suggests that 

5 any new United Nations peacekeeping missions au6 thorized within the next five to seven years would 

7 face similar shortfalls. 

8 (9) Numerous studies and reports have deter9 mined that there is no global shortage of air assets. 

10 It is inexcusable to allow authorized United Nations 

11 peacekeeping missions to founder for the lack of 

12 critical mobility capabilities. 

13 (b) PURPOSE.—The purpose of assistance authorized 

14 by this section is to help protect civilians by training and 

15 equipping peacekeepers worldwide, to include financing 

16 the refurbishment of helicopters. 

17 (c) USE OF FUNDS.— 

18 (1) IN GENERAL.—The Secretary of State is 

19 authorized to use amounts authorized to be appro20 priated to carry out this section to provide funding 

21 to carry out and expand Global Peace Operations 

22 Initiative programs and activities. Such programs 

23 and activities shall include— 

24 (A) training and equipping peacekeepers 

25 worldwide, with a particular focus on Africa; 


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1 (B) enhancing the capacity of regional and 

2 sub-regional organizations to plan, train for, 

3 manage, conduct, sustain and obtain lessons4 learned from peace support operations; 

5 (C) carrying out a clearinghouse function 

6 to exchange information and coordinate G–8 ef7 forts to enhance peace operations; 

8 (D) providing transportation and logistics 

9 support for deploying peacekeepers; 

10 (E) developing a cached equipment pro11 gram to procure and warehouse equipment for 

12 use in peace operations globally; 

13 (F) providing support to the international 

14 Center of Excellence for Stability Police Units 

15 (COESPU) in Italy to increase the capabilities 

16 and interoperability of stability police to partici17 pate in peace operations; 

18 (G) conducting sustainment and self-suffi19 ciency activities in support of the objectives de20 scribed in subparagraphs (A) through (F) with 

21 a focus on assisting partners to sustain pro22 ficiencies gained in training programs; and 

23 (H) financing the refurbishment of heli24 copters in preparation for their deployment to 

25 United Nations peacekeeping operations or to 


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1 regional peacekeeping operations which have 

2 been approved by the United Nations Security 

3 Council. 

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

5 Congress that failure on the part of the inter6 national community to take all steps necessary to 

7 deploy and maintain fully capacitated United Na8 tions peacekeeping operations will result in contin9 ued loss of life and human suffering. Therefore, in 

10 carrying out this section, the Secretary of State 

11 should prioritize the refurbishment of helicopters 

12 with a goal of participating in the financing of no 

13 fewer than three helicopter refurbishments by the 

14 end of fiscal year 2011. 

15 (3) SUPPORT FROM OTHER COUNTRIES.—In 

16 providing funding under paragraph (1), the Sec17 retary of State shall to the greatest extent possible 

18 seek to leverage such funding with financing from 

19 other countries. 

20 (d) REPORT.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act and one 

23 year thereafter, the Secretary of State shall submit 

24 to the appropriate congressional committees a report 


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1 on the activities of the United States Government to 

2 carry out the provisions of this section. 

3 (2) CONTENTS.—The report required under 

4 paragraph (1) shall include— 

5 (A) a description of the Global Peace Op6 erations Initiative programs and activities un7 dertaken, by country; 

8 (B) a description of the funds obligated 

9 and expended in each country, by program and 

10 fiscal year; 

11 (C) a description of the coordination of 

12 these efforts within the United States Govern13 ment interagency process and with other na14 tions along with any recommendations for im15 provements; 

16 (D) a description of the GPOI’s activities 

17 concerning the refurbishment of air assets for 

18 United Nations peacekeeping operations and re19 gional peacekeeping operations that have been 

20 approved by the United Nations Security Coun21 cil; 

22 (E) data measuring the quality of the 

23 training and proficiency of the trainees pro24 gram-wide; 


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1 (F) data on the training and deployment 

2 activities of graduates of the international Cen3 ter of Excellence for Stability Police Units 

4 (COESPU) in their home countries; 

5 (G) a description of vetting activities for 

6 all GPOI training to ensure that all individuals 

7 in composite units are vetted for human rights 

8 violations; 

9 (H) data measuring the timeliness of 

10 equipment delivery and recommendations for 

11 improvement as appropriate; and 

12 (I) description of how GPOI trainees and 

13 GPOI-provided equipment contribute to im14 proved civilian protection in peace operations. 

15 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

16 authorized to be appropriated such sums as may be nec17 essary for each of fiscal years 2010 and 2011 to carry 

18 out this section. 

19 (f) DEFINITION.—In this section, the term ‘‘Global 

20 Peace Operations Initiative’’ or ‘‘GPOI’’ means the pro21 gram established by the Department of State to address 

22 major gaps in international peace operations support, in23 cluding by building and maintaining capability, capacity, 

24 and effectiveness of peace operations. 


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1 SEC. 1110. FREEDOM OF THE PRESS. 

2 (a) SHORT TITLE.—This section may be cited as the 

3 ‘‘Daniel Pearl Freedom of the Press Act of 2009’’. 

4 (b) INCLUSION OF ADDITIONAL INFORMATION RE5 LATING TO FREEDOM OF THE PRESS WORLDWIDE IN AN6 NUAL COUNTRY REPORTS ON HUMAN RIGHTS PRAC7 TICES.—The Foreign Assistance Act of 1961 is amend8 ed— 

9 (1) in section 116(d) (22 U.S.C. 2151n(d)), as 

10 amended by section 333(d) of this Act— 

11 (A) in paragraph (11), by striking ‘‘and’’ 

12 at the end; and 

13 (B) in paragraph (12), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following new 

16 paragraph: 

17 ‘‘(13) wherever applicable— 

18 ‘‘(A) a description of the status of freedom 

19 of the press, including initiatives in favor of 

20 freedom of the press and efforts to improve or 

21 preserve, as appropriate, the independence of 

22 the media, together with an assessment of 

23 progress made as a result of those efforts; 

24 ‘‘(B) an identification of countries in which 

25 there were violations of freedom of the press, 

26 including direct physical attacks, imprisonment, 


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1 indirect sources of pressure, and censorship by 

2 governments, military, intelligence, or police 

3 forces, criminal groups, or armed extremist or 

4 rebel groups; and 

5 ‘‘(C) in countries where there are particu6 larly severe violations of freedom of the press— 

7 ‘‘(i) whether government authorities 

8 of each such country participate in, facili9 tate, or condone such violations of the free10 dom of the press; and 

11 ‘‘(ii) what steps the government of 

12 each such country has taken to preserve 

13 the safety and independence of the media, 

14 and to ensure the prosecution of those in15 dividuals who attack or murder journal16 ists.’’; and 

17 (2) in section 502B (22 U.S.C. 2304), by add18 ing at the end the following new subsection: 

19 ‘‘(i) The report required by subsection (b) shall in20 clude, wherever applicable— 

21 ‘‘(1) a description of the status of freedom of 

22 the press, including initiatives in favor of freedom of 

23 the press and efforts to improve or preserve, as ap24 propriate, the independence of the media, together 


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1 with an assessment of progress made as a result of 

2 those efforts; 

3 ‘‘(2) an identification of countries in which 

4 there were violations of freedom of the press, includ5 ing direct physical attacks, imprisonment, indirect 

6 sources of pressure, and censorship by governments, 

7 military, intelligence, or police forces, criminal 

8 groups, or armed extremist or rebel groups; and 

9 ‘‘(3) in countries where there are particularly 

10 severe violations of freedom of the press— 

11 ‘‘(A) whether government authorities of 

12 each such country participate in, facilitate, or 

13 condone such violations of the freedom of the 

14 press; and 

15 ‘‘(B) what steps the government of each 

16 such country has taken to preserve the safety 

17 and independence of the media, and to ensure 

18 the prosecution of those individuals who attack 

19 or murder journalists.’’. 

20 (c) FREEDOM OF THE PRESS GRANT PROGRAM.— 

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

22 administer a grant program with the aim of pro23 moting freedom of the press worldwide. The grant 

24 program shall be administered by the Department of 

25 State’s Bureau of Democracy, Human Rights and 


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1 Labor in consultation with the Undersecretary for 

2 Public Affairs and Public Diplomacy. 

3 (2) AMOUNTS AND TIME.—Grants may be 

4 awarded to nonprofit and international organizations 

5 and may span multiple years, up to five years. 

6 (3) PURPOSE.—Grant proposals should promote 

7 and broaden press freedoms by strengthening the 

8 independence of journalists and media organizations, 

9 promoting a legal framework for freedom of the 

10 press, or through providing regionally and culturally 

11 relevant training and professionalization of skills to 

12 meet international standards in both traditional and 

13 digital media. 

14 (d) MEDIA ORGANIZATION DEFINED.—In this sec15 tion, the term ‘‘media organization’’ means a group or or16 ganization that gathers and disseminates news and infor17 mation to the public (through any medium of mass com18 munication) in a foreign country in which the group or 

19 organization is located, except that the term does not in20 clude a group or organization that is primarily an agency 

21 or instrumentality of the government of such foreign coun22 try. The term includes an individual who is an agent or 

23 employee of such group or organization who acts within 

24 the scope of such agency or employment. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated such sums as may be nec3 essary to carry out this section. 

4 SEC. 1111. INFORMATION FOR COUNTRY COMMERCIAL 

5 GUIDES ON BUSINESS AND INVESTMENT CLI6 MATES. 

7 (a) IN GENERAL.—The Director General of the For8 eign Commercial Service, in consultation with the Assist9 ant Secretary of Commerce for Trade Promotion and the 

10 Assistant Secretary of State for Economic, Energy and 

11 Business Affairs, should ensure that the annual Country 

12 Commercial Guides for United States businesses include— 

13 (1) detailed assessments concerning each for14 eign country in which acts of unfair business and in15 vestment practices or other actions that have re16 sulted in poor business and investment climates 

17 were, in the opinion of the Director General of the 

18 Foreign Commercial Service, of major significance; 

19 (2) all relevant information about such unfair 

20 business and investment practices or other actions 

21 during the preceding year by members of the busi22 ness community, the judiciary, and the government 

23 of such country which may have impeded United 

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1 cluding the capacity for United States citizens to op2 erate their businesses without fear of reprisals; and 

3 (3) information on— 

4 (A) the extent to which the government of 

5 such country is working to prevent unfair busi6 ness and investment practices; and 

7 (B) the extent of United States Govern8 ment action to prevent unfair business and in9 vestment practices or other actions that harm 

10 United States business or investment interests 

11 in relevant cases in such country. 

12 (b) ADDITIONAL PROVISIONS TO BE INCLUDED.— 

13 The information required under subsection (a) should, to 

14 the extent feasible, include— 

15 (1) with respect to paragraph (1) of such sub16 section— 

17 (A) a review of the efforts undertaken by 

18 each foreign country to promote a healthy busi19 ness and investment climate that is also condu20 cive to the United States business community 

21 and United States investors, including, as ap22 propriate, steps taken in international fora; 

23 (B) the response of the judicial and local 

24 arbitration systems of each such country that is 

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1 spect to matters relating to the business and in2 vestment climates affecting United States citi3 zens and entities, or that have, in the opinion 

4 of the Director General of the Foreign Com5 mercial Service, a significant impact on United 

6 States business and investment efforts; and 

7 (C) each such country’s access to the 

8 United States market; 

9 (2) with respect to paragraph (2) of such sub10 section— 

11 (A) any actions undertaken by the govern12 ment of each foreign country that prevent 

13 United States citizens and businesses from re14 ceiving equitable treatment; 

15 (B) actions taken by private businesses 

16 and citizens of each such country against mem17 bers of the United States business community 

18 and United States investors; 

19 (C) unfair decisions rendered by the legal 

20 systems of each such country that clearly ben21 efit State and local corporations and industries; 

22 and 

23 (D) unfair decisions rendered by local arbi24 tration panels of each such country that do not 

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1 uitable ground for United States citizens and 

2 businesses to address their disputes; and 

3 (3) with respect to paragraph (3) of such sub4 section, actions taken by the United States Govern5 ment to— 

6 (A) promote the rule of law; 

7 (B) prevent discriminatory treatment of 

8 United States citizens and businesses engaged 

9 in business or investment activities in each for10 eign country; 

11 (C) allow United States goods to enter 

12 each such country without requiring a co-pro13 duction agreement; and 

14 (D) protect United States intellectual 

15 property rights. 

16 (c) CONSULTATION.—In carrying out this section, the 

17 Director General of the Foreign Commercial Service shall 

18 consult with business leaders, union leaders, representa19 tives of the judicial system of each foreign country de20 scribed in subsection (a), and relevant nongovernmental 

21 organizations. 

22 (d) BUSINESS AND INVESTMENT CLIMATE WARN23 INGS.—The Secretary of State, with the assistance of the 

24 Assistant Secretary of State for Economic, Energy and 

25 Business Affairs, as well as the Assistant Secretary of 


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1 Commerce for Trade Promotion and the Director General 

2 of the Foreign Commercial Service, shall establish a warn3 ing system that effectively alerts United States businesses 

4 and investors of— 

5 (1) a significant deterioration in the business 

6 and investment climate in a foreign country, includ7 ing discriminatory treatment of United States busi8 nesses; or 

9 (2) a significant constraint on the ability of the 

10 United States Government to assist United States 

11 businesses and investors in a foreign country, such 

12 as to the closure of a United States diplomatic or 

13 consular mission, that is not explained in the most 

14 recent Country Commercial Guide for such country. 

15 (e) DEFINITIONS.—In this section: 

16 (1) CO-PRODUCTION AGREEMENT.—The term 

17 ‘‘co-production agreement’’ means a United States 

18 Government or United States business working with 

19 a foreign government, foreign company, or an inter20 national organization to produce or manufacture an 

21 item. 

22 (2) RULE OF LAW.—The term ‘‘rule of law’’ 

23 means the extent to which laws of a foreign country 

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1 pendently adjudicated, and are consistent with inter2 national norms and standards. 

3 (3) UNFAIR BUSINESS AND INVESTMENT PRAC4 TICES.—The term ‘‘unfair business and investment 

5 practices’’ includes any of the following: 

6 (A) Unlawful actions under international 

7 law or the law of the foreign country taken by 

8 the government of such country or by busi9 nesses, citizens, or other entities of such coun10 try that have resulted in lost assets, contracts, 

11 or otherwise contributed to an inhospitable 

12 business or investment climate. 

13 (B) Discriminatory treatment of United 

14 States businesses, whether wholly or partially 

15 owned. 

16 (C) Failure to protect intellectual property 

17 rights. 

18 (D) Requiring a co-production agreement 

19 in order for goods from the United States to 

20 enter a foreign country. 

21 SEC. 1112. INTERNATIONAL PROTECTING GIRLS BY PRE22 VENTING CHILD MARRIAGE. 

23 (a) SENSE OF CONGRESS.—It is the sense of Con24 gress that— 


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1 (1) child marriage is a violation of human 

2 rights and the prevention and elimination of child 

3 marriage should be a foreign policy goal of the 

4 United States; 

5 (2) the practice of child marriage undermines 

6 United States investments in foreign assistance to 

7 promote education and skills building for girls, re8 duce maternal and child mortality, reduce maternal 

9 illness, halt the transmission of HIV/AIDS, prevent 

10 gender-based violence, and reduce poverty; and 

11 (3) expanding educational opportunities for 

12 girls, economic opportunities for women, and reduc13 ing maternal and child mortality are critical to 

14 achieving the Millennium Development Goals and 

15 the global health and development objectives of the 

16 United States, including efforts to prevent HIV/ 

17 AIDS. 

18 (b) STRATEGY TO PREVENT CHILD MARRIAGE IN

19 DEVELOPING COUNTRIES.— 

20 (1) STRATEGY REQUIRED.—The President, act21 ing through the Secretary of State, shall establish a 

22 multi-year strategy to prevent child marriage in de23 veloping countries and promote the empowerment of 

24 girls at risk of child marriage in developing coun25 tries, including by addressing the unique needs, 


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1 vulnerabilities, and potential of girls under 18 in de2 veloping countries. 

3 (2) CONSULTATION.—In establishing the strat4 egy required by paragraph (1), the President shall 

5 consult with Congress, relevant Federal departments 

6 and agencies, multilateral organizations, and rep7 resentatives of civil society. 

8 (3) ELEMENTS.—The strategy required by 

9 paragraph (1) shall— 

10 (A) focus on areas in developing countries 

11 with high prevalence of child marriage; and 

12 (B) encompass diplomatic initiatives be13 tween the United States and governments of 

14 developing countries, with attention to human 

15 rights, legal reforms and the rule of law, and 

16 programmatic initiatives in the areas of edu17 cation, health, income generation, changing so18 cial norms, human rights, and democracy build19 ing. 

20 (4) REPORT.—Not later than 180 days after 

21 the date of the enactment of this Act, the President 

22 shall transmit to Congress a report that includes— 

23 (A) the strategy required by paragraph 

24 (1); 


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1 (B) an assessment, including data 

2 disaggregated by age and gender to the extent 

3 possible, of current United States-funded ef4 forts to specifically assist girls in developing 

5 countries; and 

6 (C) examples of best practices or programs 

7 to prevent child marriage in developing coun8 tries that could be replicated. 

9 (c) RESEARCH AND DATA COLLECTION.—The Sec10 retary of State shall work with relevant Federal depart11 ments and agencies as part of their ongoing research and 

12 data collection activities, to— 

13 (1) collect and make available data on the inci14 dence of child marriage in countries that receive for15 eign or development assistance from the United 

16 States where the practice of child marriage is preva17 lent; and 

18 (2) collect and make available data on the im19 pact of the incidence of child marriage and the age 

20 at marriage on progress in meeting key development 

21 goals. 

22 (d) DEPARTMENT OF STATE’S COUNTRY REPORTS

23 ON HUMAN RIGHTS PRACTICES.—The Foreign Assistance 

24 Act of 1961 is amended— 


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1 (1) in section 116 (22 U.S.C. 2151n), by add2 ing at the end the following new subsection: 

3 ‘‘(g) The report required by subsection (d) shall in4 clude for each country in which child marriage is prevalent 

5 at rates at or above 40 percent in at least one sub-national 

6 region, a description of the status of the practice of child 

7 marriage in such country. In this subsection, the term 

8 ‘child marriage’ means the marriage of a girl or boy, not 

9 yet the minimum age for marriage stipulated in law in 

10 the country in which such girl or boy is a resident.’’; and 

11 (2) in section 502B (22 U.S.C. 2304), as 

12 amended by section 1111(b)(2) of this Act, is fur13 ther amended by adding at the end the following 

14 new subsection: 

15 ‘‘(j) The report required by subsection (b) shall in16 clude for each country in which child marriage is prevalent 

17 at rates at or above 40 percent in at least one sub-national 

18 region, a description of the status of the practice of child 

19 marriage in such country. In this subsection, the term 

20 ‘child marriage’ means the marriage of a girl or boy, not 

21 yet the minimum age for marriage stipulated in law in 

22 the country in which such girl or boy is a resident.’’. 

23 (e) DEFINITION.—In this section, the term ‘‘child 

24 marriage’’ means the marriage of a girl or boy, not yet 


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1 the minimum age for marriage stipulated in law in the 

2 country in which the girl or boy is a resident. 

3 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

4 amounts authorized to be appropriated pursuant to sec5 tion 101 of this Act, there is authorized to be appropriated 

6 as such sums as necessary for fiscal years 2010 through 

7 2011 to carry out this section and the amendments made 

8 by this section. 

9 SEC. 1113. STATEMENT OF CONGRESS REGARDING RETURN 

10 OF PORTRAITS OF HOLOCAUST VICTIMS TO 

11 ARTIST DINA BABBITT. 

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

13 (1) Dina Babbitt (formerly known as Dinah 

14 Gottliebova), a United States citizen, has requested 

15 the return of watercolor portraits she painted while 

suffering a 11 16 ⁄2-year-long internment at the Ausch17 witz death camp during World War II. 

18 (2) Dina Babbitt was ordered to paint the por19 traits by the infamous war criminal Dr. Josef 

20 Mengele. 

21 (3) Dina Babbitt’s life, and her mother’s life, 

22 were spared only because she painted portraits of 

23 doomed inmates of Auschwitz-Birkenau, under or24 ders from Dr. Josef Mengele. 


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1 (4) These paintings are currently in the posses2 sion of the Auschwitz-Birkenau State Museum. 

3 (5) Dina Babbitt is the rightful owner of the 

4 artwork, because the paintings were produced by her 

5 own talented hands as she endured the unspeakable 

6 conditions that existed at the Auschwitz death camp. 

7 (6) This continued injustice can be righted 

8 through cooperation between agencies of the United 

9 States and Poland. 

10 (7) This issue was raised in the Foreign Rela11 tions Authorization Act, Fiscal Year 2003 (Public 

12 Law 107–228). 

13 (b) STATEMENT OF CONGRESS.—Congress— 

14 (1) continues to recognize the moral right of 

15 Dina Babbitt to obtain the artwork she created, and 

16 recognizes her courage in the face of the evils per17 petrated by the Nazi command of the Auschwitz18 Birkenau death camp, including the atrocities com19 mitted by Dr. Josef Mengele; 

20 (2) urges the President to make all efforts nec21 essary to retrieve the seven watercolor portraits 

Dina Babbitt painted, while suffering a 11 22 ⁄2-year23 long internment at the Auschwitz death camp, and 

24 return them to her; 


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1 (3) urges the Secretary of State to make imme2 diate diplomatic efforts to facilitate the transfer of 

3 the seven original watercolors painted by Dina Bab4 bitt from the Auschwitz-Birkenau State Museum to 

5 Dina Babbitt, their rightful owner; 

6 (4) urges the Government of Poland to imme7 diately facilitate the return to Dina Babbitt of the 

8 artwork painted by her that is now in the possession 

9 of the Auschwitz-Birkenau State Museum; and 

10 (5) urges the officials of the Auschwitz11 Birkenau State Museum to transfer the seven origi12 nal paintings to Dina Babbitt as expeditiously as 

13 possible. 

14 SEC. 1114. STATEMENT OF POLICY REGARDING SOMALIA. 

15 (a) STATEMENT OF POLICY.—It shall be the policy 

16 of the United States to— 

17 (1) advance long-term stability and peace in So18 malia; 

19 (2) provide assistance to the government of So20 malia and nongovernmental organizations, including 

21 Somali-led nongovernmental organizations, and par22 ticularly women’s groups, as appropriate; 

23 (3) support efforts to establish democratic civil 

24 authorities and institutions in Somalia that reflect 

25 local and traditional structures, built on the rule of 


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1 law and respect for human rights, and strengthen 

2 the security sector; and 

3 (4) support reconciliation efforts in Somalia in 

4 order to ensure lasting peace. 

5 (b) SENSE OF CONGRESS.—It is the sense of Con6 gress that the President, acting through the Secretary of 

7 State, should develop a comprehensive policy in coordina8 tion with the international community and the government 

9 of Somalia that aligns humanitarian, development, eco10 nomic, political, counterterrorism, anti-piracy, and re11 gional strategies in order to bring about peace and sta12 bility in Somalia and the region. 

13 Subtitle B—Sense of Congress 

14 Provisions 

15 SEC. 1121. PROMOTING DEMOCRACY AND HUMAN RIGHTS 

16 IN BELARUS. 

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

18 (1) Despite some modest improvements, notably 

19 the release of political prisoners, the Belarusian Gov20 ernment’s human rights and democracy record re21 mains poor as governmental authorities continue to 

22 commit frequent serious abuses. 

23 (2) Since 1996, President Alexander 

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1 stitutions and undermined the rule of law through 

2 authoritarian means. 

3 (3) Belarus restricts civil liberties, including 

4 freedoms of press, speech, assembly, association, and 

5 religion. Nongovernmental organizations and polit6 ical parties are subject to harassment, fines, pros7 ecution, and closure. The Belarusian Government 

8 maintains a virtual monopoly over the country’s in9 formation space. 

10 (b) POLICY.—It is the policy of the United States 

11 to— 

12 (1) support the aspirations of the people of 

13 Belarus for democracy, human rights, and the rule 

14 of law; 

15 (2) support the aspirations of the people of 

16 Belarus to preserve the independence and sov17 ereignty of their country; 

18 (3) seek and support the growth of democratic 

19 movements and institutions in Belarus as well the 

20 development of a democratic political culture and 

21 civil society; 

22 (4) seek and support the growth of an open 

23 market economy in Belarus through the development 

24 of entrepreneurship and protection of property 

25 rights; and 


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1 (5) remain open to re-evaluating United States 

2 policy toward Belarus, including existing sanctions, 

3 as warranted by demonstrable democratic and 

4 human rights progress made by the Belarusian Gov5 ernment. 

6 (c) SENSE OF CONGRESS.—It is the sense of Con7 gress that— 

8 (1) the United States should furnish assistance 

9 to Belarus to the support democratic processes in 

10 that country, including— 

11 (A) expanding and facilitating the develop12 ment of independent print, radio, television, and 

13 internet broadcasting to and within Belarus; 

14 (B) aiding the development of civil society 

15 through assistance to nongovernmental organi16 zations promoting democracy and supporting 

17 human rights, including youth groups, entre18 preneurs, and independent trade unions; 

19 (C) supporting the work of human rights 

20 defenders; 

21 (D) enhancing the development of demo22 cratic political parties; 

23 (E) assisting the promotion of free, fair, 

24 and transparent electoral processes; 


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1 (F) enhancing international exchanges, in2 cluding youth and student exchanges, as well as 

3 advanced professional training programs for 

4 leaders and members of the democratic forces 

5 in skill areas central to the development of civil 

6 society; and 

7 (G) supporting educational initiatives such 

8 as the European Humanities University, a 

9 Belarusian university in exile based in Vilnius, 

10 Lithuania; and 

11 (2) the United States should support radio, tel12 evision, and internet broadcasting to the people of 

13 Belarus in languages spoken in Belarus, including 

14 broadcasting by Radio Free Europe/Radio Liberty, 

15 European Radio for Belarus, and Belsat. 

16 SEC. 1122. SENSE OF CONGRESS ON THE HUMANITARIAN 

17 SITUATION IN SRI LANKA. 

18 It is the sense of Congress that— 

19 (1) both the Liberation Tigers of Tamil Eelam 

20 (LTTE) and the Government of Sri Lanka must 

21 abide by their commitments to respect human life 

22 and cease offensive operations; 

23 (2) the United States Government remains 

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1 ian lives and the dire humanitarian situation created 

2 by the fighting in the Mullaittivu area in Sri Lanka; 

3 (3) the United States should call upon the Gov4 ernment and military of Sri Lanka and the LTTE 

5 to allow a humanitarian pause sufficient for the tens 

6 of thousands of civilians in the conflict area to es7 cape the fighting; 

8 (4) both sides must respect the right of free 

9 movement of those civilian men, women and children 

10 trapped by the fighting; 

11 (5) the LTTE must immediately allow civilians 

12 to depart; 

13 (6) the LTTE should then lay down their arms 

14 to a neutral third party; 

15 (7) the Government of Sri Lanka should allow 

16 the United Nations High Commission for Refugees 

17 (UNHCR) and the International Committee of the 

18 Red Cross (ICRC) access to all sites where newly ar19 rived displaced persons are being registered or being 

20 provided shelter, as well as to implement established 

21 international humanitarian standards in the camps 

22 for internally displaced persons; 

23 (8) a durable and lasting peace will only be 

24 achieved through a political solution that addresses 


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1 the legitimate aspirations of all Sri Lankan commu2 nities; and 

3 (9) the Government of Sri Lanka should put 

4 forward a timely and credible proposal to engage its 

5 Tamil community who do not espouse violence or 

6 terrorism, and to develop power sharing arrange7 ments so that lasting peace and reconciliation can be 

8 achieved. 

9 SEC. 1123. WEST PAPUA. 

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

11 (1) West Papua was a former Dutch colony just 

12 as East Timor was a former Portuguese colony just 

13 as Indonesia was a former colony of the Nether14 lands. 

15 (2) In 1949, the Dutch granted independence 

16 to Indonesia and retained West Papua. 

17 (3) In 1950, the Dutch prepared West Papua 

18 for independence. 

19 (4) However, Indonesia, upon achieving inde20 pendence, demanded the entire archipelago including 

21 the Dutch holding of West Papua and the Por22 tuguese controlled territory of East Timor. 

23 (5) In 1962, the United States mediated an 

24 agreement between the Dutch and Indonesia. Under 

25 terms of the agreement, the Dutch were to leave 


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1 West Papua and transfer sovereignty to the United 

2 Nations after which time a national election would 

3 be held to determine West Papua’s political status. 

4 But almost immediately after this agreement was 

5 reached, Indonesia violated the terms of the transfer 

6 and took over the administration of West Papua 

7 from the United Nations. 

8 (6) Indonesia then orchestrated an election that 

9 many regarded as a brutal military operation. In 

10 what became known as an ‘‘act of no-choice’’, 1,025 

11 West Papua elders under heavy military surveillance 

12 were selected to vote on behalf of more than 800,000 

13 West Papuans on the territory’s political status. The 

14 United Nations Representative sent to observe the 

15 election process produced a report which outlined 

16 various and serious violations of the United Nations 

17 Charter. In spite of the report and in spite of 

18 testimonials from the press, the opposition of fifteen 

19 countries, and the cries of help from the Papuans 

20 themselves, West Papua was handed over to Indo21 nesia in November 1969. 

22 (7) Since this time, the Papuans have suffered 

23 blatant human rights abuses including extrajudicial 

24 executions, imprisonment, torture, environmental 

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1 mercial dominance of immigrant communities and it 

2 is now estimated that more than 100,000 West 

3 Papuans and 200,000 East Timorese died as a di4 rect result of Indonesian rule especially during the 

5 administrations of military dictators Sukarno and 

6 Suharto. 

7 (8) Today, the violence continues. In its 2004 

8 Country Reports on Human Rights Practices the 

9 Department of State reports that Indonesia ‘‘secu10 rity force members murdered, tortured, raped, beat 

11 and arbitrarily detained civilians and members of 

12 separatist movements especially in Papua’’. 

13 (9) In response to international pressure, Indo14 nesia has promised to initiate Special Autonomy for 

15 West Papua. 

16 (10) Considering that East Timor achieved 

17 independence from Indonesia in 2002 by way of a 

18 United Nations sanctioned referendum, Special Au19 tonomy may be an effort to further disenfranchise a 

20 people who differ racially from the majority of Indo21 nesians. 

22 (11) West Papuans are Melanesian and believed 

23 to be of African descent. 

24 (b) REPORTS.— 


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1 (1) SECRETARY OF STATE.—For fiscal year 

2 2010, the Secretary of State shall submit to the ap3 propriate congressional committees a report on the 

4 1969 Act of Free Choice, the current political status 

5 of West Papua, and the extent to which the Govern6 ment of Indonesia has implemented and included the 

7 leadership and the people of West Papua in the de8 velopment and administration of Special Autonomy. 

9 (2) PRESIDENT.—For each of fiscal years 2010 

10 and 2011, the President shall transmit to the appro11 priate congressional committees a report that con12 tains a description of the extent to which the Gov13 ernment of Indonesia has certified that it has halted 

14 human rights abuses in West Papua. 

15 SEC. 1124. SENSE OF CONGRESS RELATING TO SOVIET NU16 CLEAR TESTS AND KAZAKHSTAN’S COMMIT17 MENT TO NONPROLIFERATION. 

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

19 (1) In 1991, immediately after achieving inde20 pendence, Kazakhstan closed and sealed the world’s 

21 second largest nuclear test site in Semipalatinsk 

22 which had been inherited from the former Soviet 

23 Union and at which more than 500 nuclear tests 

24 had been conducted from 1949 to 1991. 


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1 (2) The cumulative power of explosions from 

2 those tests, conducted above ground, on the ground, 

3 and underground is believed to be equal to the power 

4 of 20,000 explosions of the type of bomb dropped on 

5 Hiroshima, Japan, in 1945. 

6 (3) More than 1,500,000 people in Kazakhstan 

7 suffered because of decades of Soviet nuclear weap8 ons testing in the region. 

9 (4) A horrifying array of disease will continue 

10 to destroy the lives of hundreds of thousands and 

11 their descendants for many generations to come as 

12 a result of these tests. 

13 (5) Since its independence, Kazakhstan has 

14 constructed a stable and peaceful state, voluntarily 

15 disarmed the world’s fourth largest nuclear arsenal, 

16 joined the Strategic Arms Reduction Treaty 

17 (START), and within the frameworks of the Cooper18 ative Threat Reduction program the government of 

19 Kazakhstan, in cooperation with the United States 

20 Government, conducted a very successful secret op21 eration, code-named Project Sapphire, as a result of 

22 which 581 kilograms (1,278 pounds) of highly en23 riched uranium enough to produce 20–25 nuclear 

24 warheads were removed from Kazakhstan. 


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1 (6) Because of the successful cooperation be2 tween the Governments of the United States and 

3 Kazakhstan, the last lethal weapon was removed 

4 from Kazakhstan in April 1995. 

5 (7) Kazakhstan, allegiant to its commitment to 

6 nonproliferation, in December 2004 signed with the 

7 United States an amendment to the bilateral agree8 ment on the nonproliferation of weapons of mass de9 struction which will move the two nations towards a 

10 new level of cooperation in preventing the threat of 

11 bio-terrorism. 

12 (8) By its actions, Kazakhstan has proven itself 

13 not only as a universally recognized leader and one 

14 of the key members in the nonproliferation process, 

15 but also as a reliable and consistent ally of the 

16 United States in reducing nuclear threats and pre17 venting lethal weapons from being acquired by ter18 rorist organizations such as Al-Qaeda. 

19 (9) Recently Kazakhstan has also offered to 

20 host an international nuclear fuel bank where low21 enriched uranium would be stored in accordance 

22 with the highest international standards for safety, 

23 security, and safeguards. 


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1 (10) The Norwegian Defence Research Estab2 lishment is also working with Kazakhstan to 

3 strengthen nuclear security and nonproliferation. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the people of Kazakhstan and its Govern7 ment should be congratulated for their commitment 

8 to nonproliferation and their leadership in offering 

9 to host an international nuclear fuel bank; and 

10 (2) the Secretary of State should work to estab11 lish a joint working group with the Governments of 

12 Kazakhstan and Norway to explore common chal13 lenges and opportunities on disarmament and non14 proliferation, and to assist in assessing the environ15 mental damage and health effects caused by Soviet 

16 nuclear testing in Semipalatinsk. 

17 SEC. 1125. SENSE OF CONGRESS ON HOLOCAUST-ERA 

18 PROPERTY RESTITUTION AND COMPENSA19 TION. 

20 It is the sense of Congress that— 

21 (1) countries in Central and Eastern Europe 

22 which have not already done so must return looted 

23 and confiscated properties to their rightful owners 

24 or, where restitution is not possible, pay equitable 

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1 tice and in an expeditious manner that is trans2 parent and fair; 

3 (2) countries in Central and Eastern Europe 

4 must enact and implement appropriate restitution 

5 and compensation legislation to facilitate private, 

6 communal, and religious property restitution; and 

7 (3) countries in Central and Eastern Europe 

8 must ensure that such restitution and compensation 

9 legislation establishes a simple, transparent, and 

10 timely process, so that such process results in a real 

11 benefit to those individuals who suffered from the 

12 unjust confiscation of their property. 

Æ 


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