II 

111TH CONGRESS 

2D SESSION S. 2971 

To authorize certain authorities by the Department of State, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 29, 2010 

Mr. KERRY introduced the following bill; which was read twice and referred 

to the Committee on Foreign Relations 

A BILL 

To authorize certain authorities by the Department of State, 

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. Definitions. 

TITLE I—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 

Subtitle A—General Matters 


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Sec. 101. International Litigation Fund. 

Sec. 102. Actuarial valuations. 

Sec. 103. Special agents. 

Sec. 104. Accountability review boards. 

Sec. 105. Security enhancements for soft targets. 

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

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

Sec. 108. Overseas procurement flexibility. 

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

Scientific Affairs. 

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

Sec. 111. Authority to issue administrative subpoenas. 

Sec. 112. Home-to-work transportation. 

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

Sec. 114. Emergency Refugee and Migration Assistance Account. 

Subtitle B—Public Diplomacy 

Sec. 121. Public diplomacy resource centers. 

Sec. 122. Employment of non-citizens for international broadcasting. 

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

Sec. 124. Extension of grant authority for Radio Free Asia. 

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

Governors. 

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

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

States. 

Sec. 128. Science and technology fellowships. 

Sec. 129. Grants for international documentary exchange programs. 

Subtitle C—Consular Services and Related Matters 

Sec. 131. Reforming refugee processing. 

Sec. 132. Definition of ‘‘use’’ in passport and visa offenses. 

Sec. 133. Visa ineligibility for international child abduction. 

Sec. 134. Vaccination waiver for adopted children. 

Sec. 135. Signed photograph requirement for visa applications. 

Sec. 136. Electronic transmission of domestic violence information to visa applicants. 

Sec. 137. Sibling adoptions. 

Sec. 138. Passport execution fee. 

Sec. 139. Fraud prevention and detection fees. 

Sec. 140. Technical amendments relating to the Intelligence Reform and Terrorism Prevention Act of 2004. 

TITLE II—ORGANIZATION AND PERSONNEL OF THE 

DEPARTMENT OF STATE 

Subtitle A—Modernizing the Department of State 

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

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

Subtitle B—Foreign Services Overseas Pay Equity 


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Sec. 211. Short title. 

Sec. 212. Overseas comparability pay adjustment. 

Subtitle C—Other Organization and Personnel Matters 

Sec. 221. Death gratuity. 

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

corps. 

Sec. 223. Reemployment of annuitants. 

Sec. 224. Locally employed staff. 

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

Sec. 226. Foreign relations exchange programs. 

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

Sec. 228. Personal services contractors. 

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

TITLE III—INTERNATIONAL ORGANIZATIONS 

Sec. 301. Promoting assignments to international organizations. 

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

Sec. 303. Peacekeeping contributions. 

Sec. 304. Buying power maintenance, international organizations. 

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

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

TITLE IV—MISCELLANEOUS PROVISIONS 

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

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

Sec. 403. Building public awareness and dialogue. 

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

Sec. 405. Millennium challenge assistance. 

Sec. 406. Enhancing the capacity of the Office of the Inspector General for the 

United States Agency for International Development. 

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

TITLE V—AUTHORIZATION OF APPROPRIATIONS 

Sec. 501. Authorization of appropriations. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional com5 mittees’’ means the Committee on Foreign Relations 


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1 of the Senate and the Committee on Foreign Affairs 

2 of the House of Representatives. 

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

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

5 TITLE I—DEPARTMENT OF 

6 STATE AUTHORITIES AND AC7 TIVITIES 

8 Subtitle A—General Matters 

9 SEC. 101. INTERNATIONAL LITIGATION FUND. 

10 Section 38(d)(3) of the State Department Basic Au11 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended 

12 by striking ‘‘from another agency of the United States 

13 Government’’ and inserting ‘‘as a result of a decision of 

14 an international tribunal, from another agency of the 

15 United States Government,’’. 

16 SEC. 102. ACTUARIAL VALUATIONS. 

17 (a) AUTHORITY OF SECRETARY OF STATE TO MAKE

18 ACTUARIAL VALUATIONS.—Section 818 of the Foreign 

19 Service Act of 1980 (22 U.S.C. 4058) is amended— 

20 (1) in the first sentence, by striking ‘‘Secretary 

21 of the Treasury’’ and inserting ‘‘Secretary of State’’; 

22 and 

23 (2) by amending the second sentence to read as 

24 follows: ‘‘The Secretary of State may expend such 

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1 sions of this chapter, including actuarial advice, but 

2 only to the extent and in such amounts as are pro3 vided in advance in appropriations acts.’’. 

4 (b) AUTHORITY OF SECRETARY OF STATE TO DE5 TERMINE PORTION OF FOREIGN SERVICE RETIREMENT

6 AND DISABILITY FUND AVAILABLE FOR INVESTMENT.— 

7 Section 819 of such Act (22 U.S.C. 4059) is amended by 

8 striking ‘‘Secretary of the Treasury’’ the second place it 

9 appears and inserting ‘‘Secretary of State’’. 

10 (c) AUTHORITY OF SECRETARY OF STATE TO PRE11 SCRIBE MORTALITY TABLES.—Section 825(b) of such Act 

12 (22 U.S.C. 4065(b)) is amended— 

13 (1) by striking ‘‘subsection (a) (2), (3), or (4)’’ 

14 and inserting ‘‘paragraph (2), (3), or (4) of sub15 section (a)’’; and 

16 (2) by striking ‘‘Secretary of the Treasury’’ and 

17 inserting ‘‘Secretary of State’’. 

18 (d) AUTHORITY OF SECRETARY OF STATE TO MAKE

19 PERIODIC VALUATIONS.—Section 859(c) of the Foreign 

20 Service Act of 1980 (22 U.S.C. 4071h(c)) is amended— 

21 (1) by striking ‘‘Secretary of the Treasury’’ and 

22 inserting ‘‘Secretary of State’’; and 

23 (2) by striking ‘‘and shall advise the Secretary 

24 of State of (1) the normal cost of the System, (2) 

25 the supplemental liability of the System, and (3) the 


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1 amounts necessary to finance the costs of the Sys2 tem.’’ and inserting the following: ‘‘that will pro3 vide— 

4 ‘‘(1) the normal cost of the System; 

5 ‘‘(2) the supplemental liability of the System; 

6 and 

7 ‘‘(3) the amounts necessary to finance the costs 

8 of the System.’’. 

9 SEC. 103. SPECIAL AGENTS. 

10 Section 37 of the State Department Basic Authorities 

11 Act of 1956 (22 U.S.C. 2709) is amended— 

12 (1) in subsection (a), by amending paragraph 

13 (1) to read as follows: 

14 ‘‘(1) conduct investigations concerning— 

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

16 use; 

17 ‘‘(B) identity theft or document fraud af18 fecting, or relating to, the programs, functions, 

19 or authorities of the Department of State; and 

20 ‘‘(C) Federal offenses committed within 

21 the special maritime and territorial jurisdiction 

22 of the United States (as such term is defined 

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

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1 ises of United States military installations and 

2 related residences;’’; and 

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

4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in sub5 section (a)(1) may be construed to limit the investigative 

6 authority of any other Federal department or agency.’’. 

7 SEC. 104. ACCOUNTABILITY REVIEW BOARDS. 

8 Section 301(a)(3) of the Omnibus Diplomatic Secu9 rity and Antiterrorism Act of 1986 (22 U.S.C. 

10 4831(a)(3)) is amended— 

11 (1) in the paragraph heading, by striking ‘‘AF12 GHANISTAN AND’’ and inserting ‘‘AFGHANISTAN, 

13 PAKISTAN, AND’’; and 

14 (2) in subparagraph (A)— 

15 (A) in clause (i), by striking ‘‘Afghanistan 

16 or’’ and inserting ‘‘Afghanistan, Pakistan, or’’; 

17 and 

18 (B) in clause (ii), by striking ‘‘2009’’ and 

19 inserting ‘‘2012’’. 

20 SEC. 105. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

21 Section 29 of the State Department Basic Authorities 

22 Act of 1956 (22 U.S.C. 2701) is amended by inserting 

23 ‘‘physical security enhancements and’’ after ‘‘Such assist24 ance may include’’. 


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1 SEC. 106. ENHANCED DEPARTMENT OF STATE AUTHORITY 

2 FOR UNIFORMED SECURITY OFFICERS. 

3 The State Department Basic Authorities Act of 1956 

4 is amended by inserting after section 37 (22 U.S.C. 2709) 

5 the following: 

6 ‘‘SEC. 37A. PROTECTION OF BUILDINGS AND AREAS IN THE 

7 UNITED STATES BY UNIFORMED GUARDS. 

8 ‘‘(a) ENFORCEMENT AUTHORITIES FOR UNIFORMED

9 GUARDS.—The Secretary of State may authorize Depart10 ment of State uniformed guards to protect buildings and 

11 areas within the United States for which the Department 

12 of State provides protective services, including duty in 

13 areas outside the property to the extent necessary to pro14 tect the property and persons in that area. 

15 ‘‘(b) POWERS OF GUARDS.—While engaged in the 

16 performance of official duties as a uniformed guard under 

17 subsection (a), a guard may— 

18 ‘‘(1) enforce Federal laws and regulations for 

19 the protection of persons and property; 

20 ‘‘(2) carry firearms; and 

21 ‘‘(3) make arrests without warrant for— 

22 ‘‘(A) any offense against the United States 

23 committed in the guard’s presence; or 

24 ‘‘(B) any felony cognizable under the laws 

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1 rested has committed, or is committing, such 

2 felony in connection with the buildings, areas, 

3 or persons, for which the Department of State 

4 is providing protective services. 

5 ‘‘(c) REGULATIONS.— 

6 ‘‘(1) IN GENERAL.—The Secretary of State, in 

7 consultation with the Secretary of Homeland Secu8 rity, may prescribe such regulations as may be nec9 essary for the administration of buildings and areas 

10 within the United States for which the Department 

11 of State provides protective services, including rea12 sonable penalties for violations of such regulations, 

13 within the limits prescribed in subsection (d). 

14 ‘‘(2) POSTING.—The regulations prescribed 

15 under paragraph (1) shall be posted in a con16 spicuous place on the property. 

17 ‘‘(d) PENALTIES.—A person violating a regulation 

18 prescribed under subsection (c) shall be fined under title 

19 18, United States Code, imprisoned for not more than 6 

20 months, or both. 

21 ‘‘(e) ATTORNEY GENERAL APPROVAL.—The powers 

22 granted to guards designated under this section shall be 

23 exercised in accordance with guidelines approved by the 

24 Attorney General. 


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1 ‘‘(f) RELATIONSHIP TO OTHER AUTHORITY.—Noth2 ing in this section may be construed to affect the authority 

3 of the Secretary of Homeland Security, the Administrator 

4 of General Services, or any Federal law enforcement agen5 cy.’’. 

6 SEC. 107. LOCAL GUARD CONTRACTS ABROAD UNDER DIP7 LOMATIC SECURITY PROGRAM. 

8 (a) IN GENERAL.—Section 136(c)(3) of the Foreign 

9 Relations Authorization Act, Fiscal Years 1990 and 1991 

10 (22 U.S.C. 4864(c)(3)) is amended to read as follows: 

11 ‘‘(3) in evaluating proposals for such contracts, 

12 award contracts to technically acceptable firms offer13 ing the lowest evaluated price, except that— 

14 ‘‘(A) the Secretary may award contracts on 

15 the basis of best value (as determined by a cost16 technical tradeoff analysis); and 

17 ‘‘(B) proposals received from United 

18 States persons and qualified United States joint 

19 venture persons shall be evaluated by reducing 

20 the bid price by 10 percent;’’. 

21 (b) REPORT.—Not later than 1 year after the date 

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

23 a report to Congress that describes the implementation of 

24 section 136(c)(3) of the Foreign Relations Authorization 


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1 Act, Fiscal Years 1990 and 1991, as amended by sub2 section (a). 

3 SEC. 108. OVERSEAS PROCUREMENT FLEXIBILITY. 

4 Section 3 of the State Department Basic Authorities 

5 Act of 1956 (22 U.S.C. 2670) is amended by— 

6 (1) in subsection (l), by striking ‘‘and’’ at the 

7 end; 

8 (2) in subsection (m), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) adding at the end the following: 

11 ‘‘(n) make and carry out contracts for procurement 

12 outside the United States of goods or services needed for 

13 the operation of United States diplomatic and consular 

14 posts and related facilities outside the United States, pro15 vided that— 

16 ‘‘(1) laws of the United States relating to the 

17 negotiation, making, contents, or performance of 

18 government contracts for goods or services, and ad19 vance payments and indemnification in relation to 

20 such contracts shall apply with respect to such con21 tracts except to the extent that the Secretary deter22 mines (other than for section 27 of the Office of 

23 Federal Procurement Policy Act (41 U.S.C. 423)) 

24 that the Secretary could not reasonably meet the 

25 need of a post or facility for such goods and services 


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1 by use of authority available to the Secretary under 

2 a law other than this subsection; 

3 ‘‘(2) the Secretary shall— 

4 ‘‘(A) issue guidance addressing use of this 

5 authority; and 

6 ‘‘(B) require written approval to waive spe7 cific laws or procurement regulations under this 

8 authority by the Procurement Executive (with9 out further delegation); and 

10 ‘‘(3) no individual contract action entered into 

11 under this authority shall exceed $2,000,000 unless 

12 approved in writing by the Chief Acquisition Officer 

13 of the Department of State (without further delega14 tion).’’. 

15 SEC. 109. RENAMING OF BUREAU OF OCEANS AND INTER16 NATIONAL ENVIRONMENTAL AND SCIENTIFIC 

17 AFFAIRS. 

18 (a) DEPARTMENT OF STATE APPROPRIATIONS AU19 THORIZATION ACT OF 1973.—Section 9(a) of the Depart20 ment of State Appropriations Authorization Act of 1973 

21 (22 U.S.C. 2655a) is amended by striking ‘‘Oceans and 

22 International Environmental and Scientific Affairs’’ each 

23 place it appears and inserting ‘‘Oceans, Environment, and 

24 Science’’. 


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1 (b) FOREIGN ASSISTANCE ACT OF 1961.—Section 

2 607(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 

3 2357(d)) is amended by striking ‘‘Oceans and Inter4 national Environmental and Scientific Affairs’’ and insert5 ing ‘‘Oceans, Environment, and Science’’. 

6 (c) CLEAN AIR ACT.—Section 617(a) of the Clean 

7 Air Act (42 U.S.C. 7671p(a)) is amended by striking 

8 ‘‘Oceans and International Environmental and Scientific 

9 Affairs’’ and inserting ‘‘Oceans, Environment, and 

10 Science’’. 

11 SEC. 110. EXTENSION OF PERIOD FOR REIMBURSEMENT 

12 FOR SEIZED COMMERCIAL FISHERMEN. 

13 Section 7(e) of the Fishermen’s Protective Act of 

14 1967 (22 U.S.C. 1977(e)) is amended by striking ‘‘2008’’ 

15 and inserting ‘‘2013’’. 

16 SEC. 111. AUTHORITY TO ISSUE ADMINISTRATIVE SUB17 POENAS. 

18 Section 3486 of title 18, United States Code, is 

19 amended— 

20 (1) in subsection (a)— 

21 (A) paragraph (1)(A)— 

22 (i) in the matter preceding clause (i), 

23 by striking ‘‘of’’ and inserting ‘‘to’’; 

24 (ii) in clause (i)(II), by striking ‘‘or’’ 

25 at the end; 


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1 (iii) in clause (ii), by striking the 

2 comma at the end and inserting a semi3 colon; and 

4 (iv) by inserting after clause (ii) the 

5 following: 

6 ‘‘(iii) an offense under section 878, or 

7 a threat against a person, foreign mission 

8 or organization authorized to receive pro9 tection by special agents of the Depart10 ment of State and the Foreign Service 

11 under section 37(a)(3) of the State De12 partment Basic Authorities Act of 1956 

13 (22 U.S.C. 2709(a)(3)) if the Assistant 

14 Secretary for Diplomatic Security or the 

15 Director of the Diplomatic Security Service 

16 determines that the threat constituting the 

17 offense or threat against the person or 

18 place protected is imminent, the Secretary 

19 of State; or 

20 ‘‘(iv) an offense under chapter 75, the 

21 Secretary of State,’’; 

22 (B) by amending paragraph (9) to read as 

23 follows: 

24 ‘‘(9) A subpoena issued under clause (i)(II), (ii), (iii), 

25 or (iv) of paragraph (1)(A) may require production as 


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1 soon as possible, but in no event less than 24 hours after 

2 service of the subpoena.’’; and 

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

4 ‘‘(11) As soon as practicable following the issuance 

5 of a subpoena under paragraph (1)(A)(iii), the Secretary 

6 of State shall notify the Attorney General of such 

7 issuance.’’; and 

8 (2) in subsection (e)(1), by adding at the end 

9 the following: ‘‘This subsection shall only apply to 

10 administrative subpoenas issued under subsection 

11 (a)(1)(A)(i).’’. 

12 SEC. 112. HOME-TO-WORK TRANSPORTATION. 

13 Section 1344(b)(4) of title 31, United States Code, 

14 is amended by inserting ‘‘the Deputy Secretary of State, 

15 the Deputy Secretary of State for Management and Re16 sources,’’ before ‘‘principal diplomatic’’. 

17 SEC. 113. TECHNICAL AMENDMENT TO FEDERAL WORK18 FORCE FLEXIBILITY ACT. 

19 Chapter 57 of title 5, United States Code, is amend20 ed— 

21 (1) in section 5753(a)(2)(A), by inserting ‘‘, ex22 cluding members of the Foreign Service other than 

23 chiefs of mission, ambassadors at large, and other 

24 members of the Foreign Service subject to examina25 tions under section 302(b) of the Foreign Service 


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1 Act of 1980 (22 U.S.C. 3941(b))’’ before the semi2 colon at the end; and 

3 (2) in section 5754(a)(2)(A), by inserting ‘‘, ex4 cluding members of the Foreign Service other chiefs 

5 of mission, ambassadors at large, and other mem6 bers of the Foreign Service subject to examinations 

7 under section 302(b) of the Foreign Service Act of 

8 1980 (22 U.S.C. 3941(b))’’ before the semicolon at 

9 the end. 

10 SEC. 114. EMERGENCY REFUGEE AND MIGRATION ASSIST11 ANCE ACCOUNT. 

12 Section 2(c)(2) of the Migration and Refugee Assist13 ance Act of 1962 (22 U.S.C. 2601(c)(2)) is amended by 

14 striking ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’. 

15 Subtitle B—Public Diplomacy 

16 SEC. 121. PUBLIC DIPLOMACY RESOURCE CENTERS. 

17 (a) FINDINGS.—Congress finds that— 

18 (1) of the 177 information resource centers op19 erated by the Department of State as of February 

20 2009— 

21 (A) 87 (49 percent) operated on a ‘‘by ap22 pointment only’’ basis; and 

23 (B) 18 (11 percent) did not permit any 

24 public access; 


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1 (2) information resource centers located outside 

2 United States embassy compounds receive signifi3 cantly more visitors than the centers located inside 

4 such compounds, including— 

5 (A) twice the number of visitors in Africa; 

6 (B) 6 times more visitors in the Middle 

7 East; and 

8 (C) 22 times more visitors in Asia; and 

9 (3) Iran has increased the number of similar 

10 Iranian facilities, known as Iranian Cultural Cen11 ters, to about 60 throughout the world. 

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

13 Congress that— 

14 (1) the Secretary of State should initiate a re15 examination of the public diplomacy platform strat16 egy of the United States with a goal of reestab17 lishing publicly accessible American Centers; 

18 (2) after taking into account relevant security 

19 considerations, the Secretary of State should con20 sider placing United States public diplomacy facili21 ties at locations conducive to maximizing their use, 

22 consistent with the authority given to the Secretary 

23 under section 606(a)(2)(B) of the Secure Embassy 

24 Construction and Counterterrorism Act of 1999 (22 


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

2 of that Act. 

3 SEC. 122. EMPLOYMENT OF NON-CITIZENS FOR INTER4 NATIONAL BROADCASTING. 

5 Section 804(1) of the United States Information and 

6 Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) 

7 is amended by striking ‘‘suitably qualified United States 

8 citizens’’ and inserting ‘‘United States citizens applicants 

9 who are equally or better qualified than non-United States 

10 citizen applicants’’. 

11 SEC. 123. RADIO FREE EUROPE AND RADIO LIBERTY PAY 

12 PARITY. 

13 Section 308(h)(1) of the United States International 

14 Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)) is 

15 amended— 

16 (1) in subparagraph (A)— 

17 (A) by striking ‘‘or (C)’’; and 

18 (B) by inserting ‘‘(or level II of the Execu19 tive Schedule under section 5313 of such title, 

20 if the Board certifies that the employees are 

21 covered by a performance appraisal system 

22 meeting the certification criteria under section 

23 5307(d) of such title)’’ before the period at the 

24 end; and 

25 (2) by striking subparagraph (C). 


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1 SEC. 124. EXTENSION OF GRANT AUTHORITY FOR RADIO 

2 FREE ASIA. 

3 Section 309(f) of the United States International 

4 Broadcasting Act of 1994 (22 U.S.C. 6208(f)) is amended 

5 by striking ‘‘September 30, 2010’’ and inserting ‘‘Sep6 tember 30, 2011’’. 

7 SEC. 125. PERSONAL SERVICES CONTRACTING PROGRAM 

8 FOR THE BROADCASTING BOARD OF GOV9 ERNORS. 

10 Section 504 of the Foreign Relations Authorization 

11 Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

12 6206 note) is amended— 

13 (1) in the section heading, by striking 

14 ‘‘PILOT’’; 

15 (2) in subsection (a)— 

16 (A) by striking ‘‘pilot’’; 

17 (B) by striking ‘‘, without regard to Civil 

18 Service and classification laws,’’; and 

19 (C) by adding at the end the following: ‘‘A 

20 personal services contractor hired pursuant to 

21 this section shall not be considered a Federal 

22 employee (as defined under section 2105 of title 

23 5, United States Code) for any purpose.’’; 

24 (3) in subsection (b), by adding at the end the 

25 following: 


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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 under section 5315 of title 

4 5, United States Code.’’; and 

5 (4) in subsection (c)— 

6 (A) by striking ‘‘the pilot program author7 ized by this section’’ and inserting ‘‘the pro8 gram’’; and 

9 (B) by striking ‘‘December 31, 2009’’ and 

10 inserting ‘‘December 31, 2011’’. 

11 SEC. 126. REAUTHORIZATION OF UNITED STATES ADVI12 SORY COMMISSION ON PUBLIC DIPLOMACY. 

13 Section 1334 of the Foreign Affairs Reform and Re14 structuring Act of 1998 (22 U.S.C. 6553) is amended by 

15 striking ‘‘October 1, 2010’’ and inserting ‘‘October 1, 

16 2011’’. 

17 SEC. 127. DISSEMINATION OF PUBLIC DIPLOMACY INFOR18 MATION WITHIN THE UNITED STATES. 

19 Section 501(b) of the United States Information and 

20 Educational Exchange Act of 1948 (22 U.S.C. 1461) is 

21 amended— 

22 (1) in paragraph (1), by striking ‘‘Director of 

23 the United States Information Agency’’ and insert24 ing ‘‘Secretary of State’’; 


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

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

3 (3) by inserting after paragraph (1) the fol4 lowing: 

5 ‘‘(2) The Broadcasting Board of Governors may 

6 make available to the Archivist of the United States, for 

7 domestic distribution, motion pictures, films, videotape, 

8 and other material prepared by the Broadcasting Board 

9 of Governors for dissemination abroad 2 years after the 

10 initial dissemination of the material abroad, or in the case 

11 of such material not disseminated abroad, 2 years after 

12 the preparation of the material.’’; and 

13 (4) by amending paragraph (3), as redesig14 nated, to read as follows: 

15 ‘‘(3) The Secretary of State and the Broadcasting 

16 Board of Governors shall be reimbursed for any attendant 

17 expenses. Any reimbursement to the Secretary or the 

18 Broadcasting Board of Governors under this paragraph 

19 shall be credited to the applicable appropriation of the De20 partment of State or the Broadcasting Board of Gov21 ernors.’’. 

22 SEC. 128. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

23 (a) IN GENERAL.—Under the authority, direction, 

24 and control of the President, the Secretary of State, in 

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1 change Act of 1961 (22 U.S.C. 2451 et seq.), may in2 crease the number of educational and cultural exchange 

3 activities involving persons from scientific, medicine, re4 search, and academic sectors by— 

5 (1) establishing new programs under such Act; 

6 and 

7 (2) expanding the coverage of existing programs 

8 under such Act. 

9 (b) SCIENCE ENVOY PROGRAM.—Section 504 of the 

10 Foreign Relations Authorization Act, Fiscal Year 1979 

11 (22 U.S.C. 2656d), is amended by adding at the end the 

12 following: 

13 ‘‘(e)(1) The Secretary may award grants and enter 

14 into cooperative agreements related to science and tech15 nology fellowship programs of the Department of State, 

16 including for assistance in recruiting fellows and the pay17 ment of stipends, travel, and other appropriate expenses 

18 to fellows. 

19 ‘‘(2) Grants awarded under this subsection may be— 

20 ‘‘(A) part of the United States Science Envoy 

21 program; and 

22 ‘‘(B) used to select our Nation’s preeminent sci23 entists, Nobel laureates, and leaders in technology 

24 who will travel overseas to represent the commit25 ment of the United States to collaborate with other 


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1 countries to promote the advancement of science and 

2 technology throughout the world based on issues of 

3 common interest and expertise. 

4 ‘‘(3) Stipends awarded under this subsection shall not 

5 be considered compensation for purposes of section 209 

6 of title 18, United States Code. 

7 ‘‘(4) The total amount of grants awarded under this 

8 subsection shall not exceed $2,000,000 in any fiscal 

9 year.’’. 

10 SEC. 129. GRANTS FOR INTERNATIONAL DOCUMENTARY 

11 EXCHANGE PROGRAMS. 

12 (a) ASSISTANCE.—The Secretary of State may award 

13 grants, on such terms and conditions as the Secretary may 

14 determine, to United States film makers and nongovern15 mental organizations that use independently produced 

16 documentary films to promote better understanding of— 

17 (1) the United States among individuals in 

18 other countries; and 

19 (2) global perspectives and other countries 

20 among individuals in the United States. 

21 (b) USE OF GRANT FUNDS.—Grants awarded under 

22 subsection (a) shall, to the maximum extent practicable, 

23 be used— 

24 (1) to fund, distribute, and promote documen25 tary films that— 


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1 (A) convey a diversity of views about life in 

2 the United States to foreign audiences; and 

3 (B) bring insightful foreign perspectives to 

4 United States audiences; 

5 (2) to support— 

6 (A) the production of documentaries de7 scribed in paragraph (1) that are made by inde8 pendent foreign and domestic producers, se9 lected through a peer review process; and 

10 (B) the distribution and screening of such 

11 documentaries in diverse locations throughout 

12 the United States; 

13 (3) to develop a network of overseas partners to 

14 produce, distribute, and broadcast such documen15 taries according to the allowable rights of each pro16 gram; and 

17 (4) to help distribute foreign documentaries in 

18 the United States. 

19 (c) PREFERENCE FACTORS.—In awarding grants 

20 under this section, the Secretary shall give preference to 

21 nongovernmental organizations that— 

22 (1) are as cost effective as possible; and 

23 (2) have experience supporting independently 

24 produced documentary films. 


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1 (d) REPORT.—Not later than 2 years after the date 

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

3 a report to Congress that describes in detail the implemen4 tation of this section. 

5 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

6 amounts authorized to be appropriated for Educational 

7 and Cultural Exchange Programs under section 101(6), 

8 there is authorized to be appropriated to the Secretary of 

9 State such sums as may be necessary for each of fiscal 

10 years 2010 and 2011 to carry out this section. 

11 Subtitle C—Consular Services and 

12 Related Matters 

13 SEC. 131. REFORMING REFUGEE PROCESSING. 

14 (a) FAMILY REUNIFICATION.— 

15 (1) MULTIPLE FORMS OF RELIEF.—Section 

16 207(c)(1) of the Immigration and Nationality Act (8 

17 U.S.C. 1157(c)(1)) is amended by adding at the end 

18 ‘‘Applicants for admission as refugees under this 

19 section may simultaneously pursue admission under 

20 any visa category for which such applicants may be 

21 eligible.’’. 

22 (2) SEPARATED CHILDREN.—Section 207(c)(2) 

23 of the Immigration and Nationality Act (8 U.S.C. 

24 1157(c)(2)) is amended— 


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1 (A) in subparagraph (A), by striking the 

2 last sentence; 

3 (B) by redesignating subparagraph (B) as 

4 subparagraph (D); and 

5 (C) by inserting after subparagraph (A) 

6 the following: 

7 ‘‘(B) A child who is younger than 18 years of age 

8 on the date of the child’s application for admission as a 

9 refugee shall be admitted as a refugee if not otherwise en10 titled to such admission if— 

11 ‘‘(i) such child is an orphan because of the 

12 death or disappearance of, abandonment or deser13 tion by, or separation or loss from, both parents, or 

14 for whom the sole or surviving parent is incapable 

15 of providing the proper care and has relinquished 

16 physical custody of the child; 

17 ‘‘(ii) such child is in the physical custody of, 

18 and living under the care of, an alien approved for 

19 admission to the United States as a refugee under 

20 paragraph (1); 

21 ‘‘(iii) it is in the best interest of such child to 

22 be placed with the alien described in clause (ii); 

23 ‘‘(iv) such child is not a person described in the 

24 second sentence of section 101(a)(42); and 


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1 ‘‘(v) such child is otherwise admissible under 

2 paragraph (3).’’. 

3 (3) CHILDREN OF REFUGEE SPOUSES.— 

4 (A) REFUGEES.—Section 207(c) of the 

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

6 1157(c)) is amended— 

7 (i) in paragraph (2)— 

8 (I) by inserting after subpara9 graph (B), as added by paragraph 

10 (2), the following: 

11 ‘‘(C) If a person granted refugee status under sub12 paragraph (A) proves that he or she is the birth parent 

13 or adoptive parent of a child and such child was under 

14 the age of 21 on the date the parent was granted such 

15 status, such child shall be eligible for admission as a ref16 ugee if the child— 

17 ‘‘(i) is accompanying or following to join such 

18 parent; 

19 ‘‘(ii) is not a person described in the second 

20 sentence of section 101(a)(42); and 

21 ‘‘(iii) is admissible (except as otherwise pro22 vided under paragraph (3)).’’; and 

23 (II) by adding at the end the fol24 lowing: 


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1 ‘‘(E) The admission of a person as a refugee under 

2 this paragraph shall be charged against the numerical lim3 itation established in accordance with the appropriate sub4 section under which the principal refugee’s admission is 

5 charged.’’; and 

6 (ii) in paragraph (4), by inserting ‘‘or 

7 the spouse’s child’’ after ‘‘of the alien’’. 

8 (B) ASYLEES.—Section 208(b)(3) of the 

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

10 1158(b)(3)) is amended— 

11 (i) by redesignating subparagraph (B) 

12 as subparagraph (C); and 

13 (ii) by inserting after subparagraph 

14 (A) the following: 

15 ‘‘(B) ELIGIBILITY OF CHILD TO JOIN PAR16 ENT.—If an alien who qualifies for asylee sta17 tus under subparagraph (A) as the spouse of an 

18 alien who has been granted asylum under this 

19 subsection proves that he or she is the birth 

20 parent or adoptive parent of a child and such 

21 child was under the age of 21 on the date the 

22 parent was granted such status, such child shall 

23 be granted asylee status if the child— 

24 ‘‘(i) is accompanying or following to 

25 join such parent; and 


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1 ‘‘(ii) is otherwise admissible.’’. 

2 (b) ADJUSTMENTS OF STATUS OF REFUGEES.—Sec3 tion 209 of the Immigration and Nationality Act (8 U.S.C. 

4 1159) is amended— 

5 (1) by amending subsection (a) to read as fol6 lows: 

7 ‘‘(a) REQUIREMENTS FOR ADJUSTMENT OF STATUS

8 OF REFUGEE.— 

9 ‘‘(1) IN GENERAL.—The Secretary of Homeland 

10 Security or the Attorney General, in the discretion 

11 of the Secretary or the Attorney General and under 

12 such regulations as the Secretary or the Attorney 

13 General may prescribe, may adjust the status of any 

14 alien admitted as a refugee under section 207 to the 

15 status of an alien lawfully admitted for permanent 

16 residence if the alien— 

17 ‘‘(A) applies for such adjustment; 

18 ‘‘(B) has been physically present in the 

19 United States for at least 1 year after being ad20 mitted as a refugee; 

21 ‘‘(C) is not firmly resettled in any foreign 

22 country; 

23 ‘‘(D) has not had his or her refugee status 

24 terminated by the Secretary of Homeland Secu25 rity under section 207(c)(4); 


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1 ‘‘(E) is not, as of the date of application 

2 for adjustment, the subject of a procedure to 

3 terminate refugee status, pursuant to such reg4 ulations as the Secretary of Homeland Security 

5 may prescribe; and 

6 ‘‘(F) is admissible (except as otherwise 

7 provided under subsection (c)) as an immigrant 

8 under this Act at the time of examination for 

9 adjustment of such alien. 

10 ‘‘(2) RECORD.—Notwithstanding any numerical 

11 limitation under this Act, the Secretary of Homeland 

12 Security or the Attorney General shall, upon the ap13 proval of an application under paragraph (1), estab14 lish a record of the alien’s admission for lawful per15 manent residence as of— 

16 ‘‘(A) the date of such alien’s admission as 

17 a refugee, if the alien applies for adjustment 

18 not later than 2 years after the date of admis19 sion as a refugee; or 

20 ‘‘(B) the date of the application for adjust21 ment in all other cases.’’; and 

22 (2) in subsection (c), by adding at the end ‘‘An 

23 application for adjustment under this section may be 

24 filed up to 3 months before the date on which the 


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1 applicant would first otherwise be eligible for adjust2 ment under this section.’’. 

3 (c) EFFECTIVE DATE.—The amendments made by 

4 subsection (a) shall take effect on the first day of the first 

5 fiscal year that begins after the date of the enactment of 

6 this Act. 

7 SEC. 132. DEFINITION OF ‘‘USE’’ IN PASSPORT AND VISA OF8 FENSES. 

9 Chapter 75 of title 18, United States Code, is amend10 ed— 

11 (1) in the table of sections, by inserting before 

12 the item relating to section 1541 the following: 

‘‘1540. Meaning of ‘use’ and ‘uses’.’’; 

13 and 

14 (2) by inserting before section 1541 the fol15 lowing: 

16 ‘‘§ 1540. Meaning of ‘use’ and ‘uses’ 

17 ‘‘For purposes of this chapter, the terms ‘use’ and 

18 ‘uses’ shall be given their plain meaning, including use for 

19 identification purposes.’’. 

20 SEC. 133. VISA INELIGIBILITY FOR INTERNATIONAL CHILD 

21 ABDUCTION. 

22 Section 212(a)(10)(C)(iii) of the Immigration and 

23 Nationality Act (8 U.S.C. 1182(a)(10)(C)(iii)) is amend24 ed— 

25 (1) in subclause (I), by adding ‘‘or’’ at the end; 


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1 (2) in subclause (II), by striking ‘‘; or’’ at the 

2 end and inserting a period; and 

3 (3) by striking subclause (III). 

4 SEC. 134. VACCINATION WAIVER FOR ADOPTED CHILDREN. 

5 Section 212(a)(1)(C)(ii) of the Immigration and Na6 tionality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by 

7 striking ‘‘section 101(b)(1)(F),’’ and inserting ‘‘subpara8 graph (F) or (G) of section 101(b)(1);’’. 

9 SEC. 135. SIGNED PHOTOGRAPH REQUIREMENT FOR VISA 

10 APPLICATIONS. 

11 Section 221(b) of the Immigration and Nationality 

12 Act (8 U.S.C. 1201(b)) is amended by striking ‘‘signed 

13 by him’’. 

14 SEC. 136. ELECTRONIC TRANSMISSION OF DOMESTIC VIO15 LENCE INFORMATION TO VISA APPLICANTS. 

16 Section 833(a)(5)(A) of the Violence Against Women 

17 and Department of Justice Reauthorization Act of 2005 

18 (8 U.S.C. 1375a(a)(5)(A)) is amended by adding at the 

19 end the following: 

20 ‘‘(iv) Subject to such regulations as 

21 the Secretary of State may prescribe, mail22 ings required under this subsection may be 

23 transmitted by electronic means if an ap24 plicant consents to electronic service.’’. 


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1 SEC. 137. SIBLING ADOPTIONS. 

2 Section 101(b)(1)(G) of the Immigration and Nation3 ality Act (8 U.S.C. 1101(b)(1)(G)) is amended— 

4 (1) by redesignating clause (ii) as subclause 

5 (VI); 

6 (2) by striking ‘‘25 years of age’’ and all that 

7 follows through ‘‘if—’’ and inserting ‘‘25 years of 

8 age, if—’’; 

9 (3) by striking ‘‘a child under the age of six10 teen’’ and inserting the following ‘‘a child who— 

11 ‘‘(i) is younger than 16 years of age’’; 

12 (4) in subclause (VI), as redesignated, by strik13 ing the period at the end and inserting ‘‘; or’’; and 

14 (5) by adding at the end the following: 

15 ‘‘(ii) subject to the same conditions as 

16 in clause (i), except with respect to the age 

17 of the child— 

18 ‘‘(I) is a natural sibling of a child 

19 described in clause (i), subparagraph 

20 (E)(i), or subparagraph (F)(i); 

21 ‘‘(II) has been adopted abroad, 

22 or is coming to the United States for 

23 adoption, by the adoptive parent (or 

24 prospective adoptive parent) or par25 ents of the sibling described in clause 


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1 (i), subparagraph (E)(i), or subpara2 graph (F)(i); and 

3 ‘‘(III) is younger than 18 years 

4 of at the time a petition is filed in his 

5 or her behalf to accord a classification 

6 as an immediate relative under section 

7 201(b).’’. 

8 SEC. 138. PASSPORT EXECUTION FEE. 

9 Section 1(a) of the Act of June 4, 1920 (22 U.S.C. 

10 214(a)) is amended by striking ‘‘and a fee, prescribed by 

11 the Secretary of State by regulation, for executing each 

12 such application except that the’’ and inserting ‘‘. There 

13 shall also be collected a fee, prescribed by the Secretary 

14 of State by regulation, for executing each such application, 

15 which, for applications filed at passport facilities opened 

16 after October 1, 2008, shall be deposited as an offsetting 

17 collection to the appropriate Department of State appro18 priation, to remain available until expended to recover the 

19 costs of passport processing. The’’. 

20 SEC. 139. FRAUD PREVENTION AND DETECTION FEES. 

21 Section 286(v)(2)(A) of the Immigration and Nation22 ality Act (8 U.S.C. 1356(v)(2)(A)) is amended— 

23 (1) in the matter preceding clause (i), by strik24 ing ‘‘at United States embassies and consulates 

25 abroad’’; 


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1 (2) in clause (ii)— 

2 (A) by striking ‘‘primarily’’; and 

3 (B) by striking ‘‘or pursuant to the terms 

4 of a memorandum of understanding or other 

5 agreement between the Secretary of State and 

6 the Secretary of Homeland Security; and’’ and 

7 inserting ‘‘, as appropriate;’’; 

8 (3) by redesignating clause (iii) as clause (iv); 

9 and 

10 (4) by inserting after clause (ii) the following: 

11 ‘‘(iii) to purchase, lease, construct, 

12 and operate facilities for the processing of 

13 visas described in subparagraph (H)(i), 

14 (H)(ii), or (L) of section 101(a)(15); and’’. 

15 SEC. 140. TECHNICAL AMENDMENTS RELATING TO THE IN16 TELLIGENCE REFORM AND TERRORISM PRE17 VENTION ACT OF 2004. 

18 Title VII of the Intelligence Reform and Terrorism 

19 Prevention Act of 2004 (Public Law 108–458) is amend20 ed— 

21 (1) in section 7201(c)(1), by inserting ‘‘and the 

22 Department of State’’ after ‘‘used by the Depart23 ment of Homeland Security’’; and 

24 (2) in section 7209(d) (8 U.S.C. 1185 note), by 

25 striking ‘‘the Secretary, in conjunction with the SecVerDate Nov 24 2008 22:01 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S2971.IS S2971

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1 retary of Homeland Security’’ and inserting ‘‘the 

2 Secretary of Homeland Security, in consultation 

3 with the Secretary of State’’. 

4 TITLE II—ORGANIZATION AND 

5 PERSONNEL OF THE DEPART6 MENT OF STATE 

7 Subtitle A—Modernizing the 

8 Department of State 

9 SEC. 201. CREATION OF A MODERN AND EXPEDITIONARY 

10 FOREIGN SERVICE. 

11 (a) TARGETED EXPANSION OF FOREIGN SERVICE.— 

12 The Secretary of State shall expand the Foreign Service 

13 to— 

14 (1) fill vacancies, particularly overseas vacan15 cies that are critical to key United States foreign 

16 policy and national security interests, to prevent cri17 ses from emerging; 

18 (2) increase the capacity of the Department of 

19 State to assign and deploy Foreign Service officers 

20 and other personnel to prevent, mitigate, and re21 spond to international crises and instability in for22 eign countries that threaten key United States for23 eign policy and national security interests; and 


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1 (3) ensure that members of the Foreign Serv2 ice, before beginning assignments that require addi3 tional or improved skills— 

4 (A) receive language, security, area, and 

5 other training that is necessary to successfully 

6 execute their responsibilities in their new as7 signments; and 

8 (B) have the opportunity to obtain ad9 vanced and other education that will increase 

10 the capacity of the Foreign Service to complete 

11 its mission. 

12 (b) AUTHORIZED PERSONNEL INCREASES.— 

13 (1) DEPARTMENT OF STATE.—The Secretary of 

14 State is authorized to increase the number of mem15 bers of the Foreign Service— 

16 (A) by 750 above attrition during fiscal 

17 year 2010; and 

18 (B) by an additional 750 above attrition 

19 during fiscal year 2011. 

20 (2) USAID.—In addition to the personnel in21 creases authorized under paragraph (1), the Admin22 istrator of the United States Agency for Inter23 national Development (USAID) is authorized to in24 crease the number of members of the Foreign Serv25 ice employed by USAID— 


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1 (A) by 350 above attrition during fiscal 

2 year 2010; and 

3 (B) by an additional 350 above attrition 

4 during fiscal year 2011. 

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

6 subsection may be construed to limit the authority 

7 of the Secretary of State or the Administrator of the 

8 United States Agency for International Development 

9 to hire personnel. 

10 (c) TRAINING.—Section 708 of the Foreign Service 

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

12 the end the following: 

13 ‘‘(d) The Secretary of State shall ensure that mem14 bers of the Service, before receiving assignments that re15 quire new and improved skills— 

16 ‘‘(1) receive language, security, area, and other 

17 training that is necessary to successfully execute 

18 their responsibilities in their new assignments; and 

19 ‘‘(2) have opportunities during their careers to 

20 obtain advanced education and training in academic 

21 and other relevant institutions in the United States 

22 and in other countries to increase the capacity of the 

23 Service to fulfill its mission.’’. 


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1 SEC. 202. CONFLICT PREVENTION, MITIGATION, AND RESO2 LUTION TRAINING. 

3 (a) IN GENERAL.—Section 708 of the Foreign Serv4 ice Act of 1980, as amended by section 301(d), is further 

5 amended by adding at the end the following: 

6 ‘‘(e) The Secretary of State shall ensure that relevant 

7 officers of the Foreign Service deploying to areas under8 going significant conflict or considered to be at risk of sig9 nificant conflict receive appropriate advanced training in 

10 conflict prevention, mitigation, and resolution, including 

11 an understanding of— 

12 ‘‘(1) peace processes, negotiations, and decision13 making; 

14 ‘‘(2) patterns of escalation; 

15 ‘‘(3) country and region-specific issues, includ16 ing resource allocation, as contributing factors to 

17 peace or conflict; and 

18 ‘‘(4) how to function successfully when— 

19 ‘‘(A) public order has been undermined by 

20 instability; or 

21 ‘‘(B) there is no civil authority that can ef22 fectively provide public safety.’’. 

23 (b) REPORT.—Not later than 1 year after the date 

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

25 a report to the appropriate congressional committees that 

26 describes the efforts made by the Department of State to 


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1 further expand and facilitate conflict prevention, mitiga2 tion, and resolution training. 

3 Subtitle B—Foreign Services 

4 Overseas Pay Equity 

5 SEC. 211. SHORT TITLE. 

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

7 Overseas Pay Equity Act of 2009’’. 

8 SEC. 212. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

9 (a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 

10 (1) IN GENERAL.—Chapter 4 of title I of the 

11 Foreign Service Act of 1980 (22 U.S.C. 3961 et 

12 seq.) is amended by adding at the end the following: 

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

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

15 designated class 1 or below for purposes of section 403 

16 and whose official duty station is neither in the continental 

17 United States nor in a nonforeign area shall receive, in 

18 accordance with the phase-in schedule set forth in sub19 section (c), a locality-based comparability payment (stated 

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

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

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

23 member’s official duty station were in the District of Co24 lumbia. 


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

2 any locality-based comparability payment, which is pay3 able to a member of the Service under this section— 

4 ‘‘(1) shall be considered a part of the basic pay 

5 of such member for the purposes described in— 

6 ‘‘(A) section 5304(c)(2)(A) of title 5, 

7 United States Code; and 

8 ‘‘(B) chapter 8 of this Act; and 

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

10 applicable to locality-based comparability payments 

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

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

13 payment payable to a member of the Service under this 

14 section— 

15 ‘‘(1) during the period beginning on the first 

16 day of the first full pay period that is 90 days after 

17 the date of the enactment of this subsection, and 

18 ending on the last day of the last pay period in fiscal 

19 year 2009, shall be up to 33.33 percent of the pay20 ment which would otherwise apply under subsection 

21 (a); 

22 ‘‘(2) during the period beginning on the first 

23 day of the first pay period in fiscal year 2010 and 

24 ending on the last day of the last pay period in fiscal 

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1 ment which would otherwise apply under subsection 

2 (a); and 

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

4 period in fiscal year 2011, shall be equal to the pay5 ment determined under subsection (a). 

6 ‘‘(d) NONFOREIGN AREA DEFINED.—In this section, 

7 the term ‘nonforeign area’ means 1 of the areas listed in 

8 section 591.205 of title 5, Code of Federal Regulations.’’. 

9 (2) CONFORMING AMENDMENT.—The table of 

10 contents under section 2 of the Foreign Service Act 

11 of 1980 (22 U.S.C. 3901 et seq.) is amended by in12 serting after the item relating to section 414 the fol13 lowing: 

‘‘Sec. 415. Overseas comparability pay adjustment.’’. 

14 (b) CONFORMING AMENDMENTS RELATING TO THE

15 FOREIGN SERVICE RETIREMENT SYSTEMS.— 

16 (1) CONTRIBUTIONS TO THE FUND.— 

17 (A) IN GENERAL.—Section 805(a) of the 

18 Foreign Service Act of 1980 (22 U.S.C. 

19 4045(a)) is amended— 

20 (i) in paragraph (1)— 

21 (I) by striking ‘‘7.25 percent’’ 

22 and inserting ‘‘7 percent’’; and 

23 (II) by striking ‘‘The contribu24 tion by the employing agency’’ and all 

25 that follows through ‘‘and shall be 


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1 made’’ and inserting ‘‘An equal 

2 amount shall be contributed by the 

3 employing agency’’; 

4 (ii) in paragraph (2)— 

5 (I) in subparagraph (A), by strik6 ing ‘‘, plus an amount equal to .25 

7 percent of basic pay’’; and 

8 (II) in subparagraph (B), by 

9 striking ‘‘, plus an amount equal to 

10 .25 percent of basic pay’’; and 

11 (iii) in paragraph (3), by striking ‘‘, 

12 plus .25 percent’’. 

13 (B) EFFECTIVE DATE.—The amendments 

14 made by subparagraph (A) shall take effect on 

15 the first day of the first pay period beginning 

16 on or after October 1, 2011 (or during any por17 tion of such pay period). 

18 (2) COMPUTATION OF ANNUITIES.—Section 

19 806(a)(9) of the Foreign Service Act of 1980 (22 

20 U.S.C. 4046(a)(9)) is amended by striking ‘‘is out21 side the continental United States shall’’ and insert22 ing ‘‘was outside the continental United States dur23 ing the period beginning on December 29, 2002, and 

24 ending on the day before the first day of the first 

25 pay period beginning on or after October 1, 2010, 


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1 shall, to the extent that such computation is based 

2 on the basic salary or basic pay of such member 

3 while the member was outside the United States,’’. 

4 (3) ENTITLEMENT TO ANNUITY.—Section 

5 855(a)(3) of the Foreign Service Act of 1980 (22 

6 U.S.C. 4071d(a)(3)) is amended— 

7 (A) by striking ‘‘section 8414’’ and insert8 ing ‘‘section 8415’’; and 

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

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

11 the continental United States during the period 

12 beginning on December 29, 2002, and ending 

13 on the day before the first day of the first pay 

14 period beginning on or after October 1, 2011 

15 (or during any portion of such pay period), 

16 shall, to the extent that such computation is 

17 based on the basic salary or basic pay of such 

18 member while the member was outside the 

19 United States,’’. 

20 (4) DEDUCTIONS AND WITHHOLDINGS FROM

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

22 4071e(a)(2)) is amended to read as follows: 

23 ‘‘(2) The applicable percentage specified in this para24 graph shall be as follows: 


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‘‘Percentage Time Period 

7.5 ........................................................ Before January 1, 1999. 

7.75 ...................................................... January 1, 1999, to December 31, 

1999. 

7.9 ........................................................ January 1, 2000, to December 31, 

2000. 

7.55 ...................................................... January 11, 2003, to the day before 

the first day of the first pay period 

beginning on or after October 1, 

2011. 

7.5 ........................................................ Beginning on the first day of the first 

pay period beginning on or after October 1, 2011.’’. 

1 (c) REPORTING REQUIREMENT.—Not later than Oc2 tober 1, 2011, the Secretary of State shall submit a report 

3 to the Committee on Foreign Relations of the Senate, the 

4 Committee on Homeland Security and Governmental Af5 fairs of the Senate, the Committee on Foreign Affairs of 

6 the House of Representatives, and Committee on Over7 sight and Government Reform of the House of Represent8 atives that includes— 

9 (1) an assessment of all allowances provided to 

10 members of the Foreign Service under— 

11 (A) the Foreign Service Act of 1980; or 

12 (B) title 5, United States Code; and 

13 (2) an explanation of how such allowances have 

14 been, or will be, affected by the amendments to the 

15 Foreign Service Act of 1980 made under this Act. 


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1 Subtitle C—Other Organization 

2 and Personnel Matters 

3 SEC. 221. DEATH GRATUITY. 

4 Section 413(a) of the Foreign Service Act of 1980 

5 (22 U.S.C. 3973(a)) is amended by striking ‘‘at the time 

6 of death.’’ and inserting ‘‘at level II of the Executive 

7 Schedule under section 5313 of title 5, United States 

8 Code, at the time of death except that for employees com9 pensated under a local compensation plan established 

10 under section 408, the amount of such gratuity shall be 

11 equal to the greater of 1 year’s salary at the time of death 

12 or 1 year’s basic salary at the highest step of the highest 

13 grade on the local compensation plan from which the em14 ployee was being paid at the time of death.’’. 

15 SEC. 222. EXPANSION AND EXTENSION OF ANNUITANT 

16 WAIVER FOR RESPONSE READINESS CORPS. 

17 (a) AMENDMENTS TO STATE DEPARTMENT BASIC

18 AUTHORITIES ACT OF 1956.—Section 61(a) of the State 

19 Department Basic Authorities Act of 1956 (22 U.S.C. 

20 2733(a)) is amended— 

21 (1) in paragraph (1), by striking ‘‘or to posts 

22 vacated’’ and inserting ‘‘, to positions in the Re23 sponse Readiness Corps, or to posts vacated’’; and 

24 (2) in paragraph (2), by striking ‘‘2010’’ and 

25 inserting ‘‘2012’’. 


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1 (b) AMENDMENTS TO FOREIGN ASSISTANCE ACT OF

2 1961.—Section 625(j)(1) of the Foreign Assistance Act 

3 of 1961 (22 U.S.C. 2385(j)(1)) is amended— 

4 (1) in subparagraph (A), by striking ‘‘or to 

5 posts vacated’’ and inserting ‘‘, to positions in the 

6 Response Readiness Corps, or to posts vacated’’; and 

7 (2) in subparagraph (B), by striking ‘‘2010’’ 

8 and inserting ‘‘2012’’. 

9 SEC. 223. REEMPLOYMENT OF ANNUITANTS. 

10 Section 824(g) of the Foreign Service Act of 1980 

11 (22 U.S.C. 4064(g)) is amended— 

12 (1) in paragraph (1)(B), by striking ‘‘to facili13 tate the assignment of persons to Iraq and Afghani14 stan or to posts vacated by members of the Service 

15 assigned to Iraq and Afghanistan’’; 

16 (2) by striking paragraph (2); and 

17 (3) by redesignating paragraph (3) as para18 graph (2). 

19 SEC. 224. LOCALLY EMPLOYED STAFF. 

20 (a) FINDINGS.—Based on information obtained from 

21 the April 2009 report from the Office of the Inspector 

22 General of the Department of State and the Broadcasting 

23 Board of Governors, entitled ‘‘Review of Locally Employed 

24 Staff Compensation Issues’’ (Report Number ISP–I–09– 

25 44), Congress makes the following findings: 


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1 (1) U.S. embassies and consulates worldwide 

2 retain over 51,000 locally employed (LE) staff under 

3 local compensation plans (LCPs) in about 170 over4 seas missions. A report by the Office of the Inspec5 tor General of the Department of State and the 

6 Broadcasting Board of Governors, entitled ‘‘Review 

7 of Locally Employed Staff Compensation Issues’’ 

8 (Report Number ISP–I–09–44), stated that: ‘‘The 

9 U.S. is falling behind in providing a competitive 

10 compensation package for LE staff that is commen11 surate with their experience, technical skills, and re12 sponsibilities’’. 

13 (2) The ability of United States overseas mis14 sions to retain LE staff and to recruit new, qualified 

15 staff is vital to the success of those missions. 

16 (3) To addresses differences in the skill levels 

17 required for different categories of LE staff posi18 tions, the Inspector General’s report recommended 

19 that ‘‘separate data and separate scales should be 

20 established for certain types of employees’’. 

21 (4) The current LE staff compensation review 

22 process requires improvement, including increasing 

23 transparency and interagency involvement, reducing 

24 disparities between the salary and budget cycles, and 


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1 improving the use of outmoded and cumbersome 

2 communication technology. 

3 (b) REVIEW.— 

4 (1) IN GENERAL.—Not later than 180 days 

5 after date of the enactment of this Act, and not less 

6 than every 5 years thereafter, the Secretary of State 

7 shall— 

8 (A) review salary and compensation guide9 lines for overseas, locally employed staff of the 

10 Department of State; 

11 (B) review— 

12 (i) whether the United States is fall13 ing behind in providing a competitive com14 pensation package for locally employed 

15 staff that is commensurate with their expe16 rience, technical skills, and responsibilities; 

17 and 

18 (ii) the implications for providing av19 erage salary increases that are approxi20 mately 60 percent of prevailing practice; 

21 (C) provide recommendations on how to re22 cruit new, qualified staff; and 

23 (D) provide recommendations for separate 

24 data and a separate pay scale for highly skilled 

25 and trained professional positions. 


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1 (2) COMPENSATION DATABASE.—Not later than 

2 180 days after the date of the enactment of this Act, 

3 the Secretary of State shall establish a comprehen4 sive database for salary and compensation informa5 tion for such staff, as recommended by the Office of 

6 Inspector General in a April 2009 report entitled 

7 ‘‘Review of Locally Employed Staff Compensation 

8 Issues’’ (Report Number ISP–I–09–44). 

9 (3) PAY SCALES FOR LOCALLY EMPLOYED PRO10 FESSIONALS.—The review under paragraph (1)(A) 

11 shall include a summary of efforts to address pay 

12 scales for locally employed staff to ensure adequate 

13 compensation for professional level positions, such as 

14 medical officers, laboratory management, public 

15 health information technology positions, and other 

16 highly skilled positions. 

17 (c) GUIDELINES.—Not later than 90 days after en18 actment of this Act, the Secretary of State shall consult 

19 with appropriate congressional committees on proposed 

20 guidelines for awards, pay scales, and compensation of 

21 overseas, locally employed staff of the Department of 

22 State, including for loss of life while on duty. 

23 (d) LOCALLY EMPLOYED STAFF DEFINED.—In this 

24 section, the term ‘‘locally employed staff’’ means employ25 ees compensated under local compensation plans estabVerDate Nov 24 2008 22:01 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S2971.IS S2971

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1 lished under section 408 of the Foreign Service Act of 

2 1980 (22 U.S.C. 3968). 

3 SEC. 225. REPEAL OF RECERTIFICATION REQUIREMENT 

4 FOR SENIOR FOREIGN SERVICE. 

5 Section 305 of the Foreign Service Act of 1980 (22 

6 U.S.C. 3945) is amended by striking subsection (d). 

7 SEC. 226. FOREIGN RELATIONS EXCHANGE PROGRAMS. 

8 Title I of the State Department Basic Authorities Act 

9 of 1956 (22 U.S.C. 2651a et seq.) is amended by adding 

10 at the end the following: 

11 ‘‘SEC. 63. FOREIGN RELATIONS EXCHANGE PROGRAMS. 

12 ‘‘(a) IN GENERAL.—The Secretary may establish ex13 change programs under which officers or employees of the 

14 Department of State, including individuals appointed 

15 under title 5, United States Code, and members of the 

16 Foreign Service may be assigned, for a period not to ex17 ceed 1 year, to a position with any foreign government 

18 or international entity that permits an employee to be as19 signed to a position with the Department of State. 

20 ‘‘(b) SALARY AND BENEFITS.— 

21 ‘‘(1) FOREIGN SERVICE MEMBERS.—During a 

22 period in which a member of the Foreign Service is 

23 participating in an exchange program authorized 

24 under subsection (a), such member shall be entitled 

25 to the salary and benefits to which such member 


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1 would be entitled if such member were assigned to 

2 an agency, international organization, or other body 

3 under section 503 of the Foreign Service Act of 

4 1980 (22 U.S.C. 3983). 

5 ‘‘(2) DETAILEES.—An employee of the Depart6 ment of State (other than a member of the Foreign 

7 Service participating in an exchange program au8 thorized under subsection (a)) shall be treated in all 

9 respects as if detailed to an international organiza10 tion under section 3343(b) of title 5, United States 

11 Code. The salary of such employee shall be the high12 er of the salary that the employee would receive but 

13 for the assignment under this section or the salary 

14 of the position to which the employee is assigned. 

15 ‘‘(3) PAYMENT.—The salary and benefits of an 

16 employee of a foreign government or international 

17 entity participating in a program established under 

18 this section shall be paid by such government or en19 tity during the period in which such employee is par20 ticipating in the program, and shall not be reim21 bursed by the Department of State. 

22 ‘‘(c) NONRECIPROCAL ASSIGNMENTS.—The Sec23 retary may authorize a nonreciprocal assignment of per24 sonnel pursuant to this section, with or without reimburse25 ment from the foreign government or international entity 


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1 for all or part of the salary and other expenses payable 

2 during the assignment, if such assignment is in the inter3 ests of the United States. 

4 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec5 tion may be construed to authorize the appointment as 

6 an officer or employee of the United States of— 

7 ‘‘(1) an individual whose allegiance is to any 

8 country, government, or foreign or international en9 tity other than to the United States; or 

10 ‘‘(2) an individual who has not met the require11 ments of sections 3331, 3332, 3333, and 7311 of 

12 title 5, United States Code, and any other provision 

13 of law concerning eligibility for appointment, and 

14 continuation of employment, as an officer or em15 ployee of the United States.’’. 

16 SEC. 227. ENHANCED PERSONNEL AUTHORITIES FOR THE 

17 INSPECTOR GENERAL OF THE DEPARTMENT 

18 OF STATE. 

19 (a) DEFINITIONS.—In this section: 

20 (1) ANNUITANT.—The term ‘‘annuitant’’ means 

21 an individual who, based on the service of such indi22 vidual, is entitled to benefits under a retirement sys23 tem for Government employees. 

24 (2) GOVERNMENT EMPLOYEE.—The term 

25 ‘‘Government employee’’ has the meaning given the 


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1 term ‘‘employee’’ in section 2105(a) of title 5, 

2 United States Code. 

3 (3) INSPECTOR GENERAL.—The term ‘‘Inspec4 tor General’’ means the Inspector General of the De5 partment of State. 

6 (4) OFFICE.—The term ‘‘Office’’ means the Of7 fice of Inspector General of the Department of 

8 State. 

9 (b) PROVISIONS RELATING TO REEMPLOYED ANNU10 ITANTS.— 

11 (1) WAIVER AUTHORITY.—Subject to the condi12 tions set forth in paragraph (3), the Inspector Gen13 eral may waive the application of any provision of 

14 law set forth in paragraph (2) on behalf of any re15 employed annuitant serving in a position within the 

16 Office. 

17 (2) PROVISIONS.—The provisions of law set 

18 forth in this paragraph are— 

19 (A) subsections (a) through (d) of section 

20 8344 of title 5, United States Code; 

21 (B) subsections (a) through (e) of section 

22 8468 of title 5, United States Code; 

23 (C) subsections (a) through (d) of section 

24 824 of the Foreign Service Act of 1980 (22 

25 U.S.C. 4064); and 


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1 (D) any other similar provision of law, as 

2 identified by the Inspector General in regula3 tions. 

4 (3) CONDITIONS.—Waiver authority under this 

5 subsection may be exercised only— 

6 (A) on a case-by-case basis; and 

7 (B) if, and for so long as, such waiver— 

8 (i) is necessary due to— 

9 (I) difficulty in the recruitment 

10 or retention of a qualified employee 

11 for the position involved; or 

12 (II) a temporary emergency hir13 ing need; and 

14 (ii) does not cause the number of em15 ployees within the Office who are exempted 

16 from 1 or more of the provisions of law set 

17 forth in paragraph (2) (whether pursuant 

18 to a waiver under this subsection or other19 wise) to exceed, as of any given date, 35 

20 percent of the total workforce of the Of21 fice, determined on a full-time equivalent 

22 basis. 

23 (4) RULE OF CONSTRUCTION.—Nothing in this 

24 subsection may be construed to permit or require 

25 that any reemployed annuitant benefitting from a 


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•S 2971 IS

1 waiver of a provision of law set forth in paragraph 

2 (2) be treated as a Government employee for pur3 poses of the retirement system to which such provi4 sion relates. 

5 (c) PROVISIONS RELATING TO CONTRACTS FOR PER6 SONAL SERVICES.— 

7 (1) IN GENERAL.—The Inspector General may 

8 contract with United States citizens for personal 

9 services to facilitate and support the Office’s over10 sight of programs and operations. Such citizens shall 

11 not, by virtue of any such contract, be considered to 

12 be Government employees for purposes of any law 

13 administered, in whole or in part, by the Office of 

14 Personnel Management. 

15 (2) RELATION TO OTHER LAWS.—Except as 

16 provided in paragraph (2), this subsection shall not 

17 affect any determination as to whether an individual 

18 performing services pursuant to any contract under 

19 this subsection is a Government employee for pur20 poses of any law of the United States. The Secretary 

21 of State may determine the applicability, with re22 spect to any such individual, of any law adminis23 tered, in whole or in part, by the Secretary. 


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1 (3) CONDITIONS.—The Inspector General may 

2 not enter into a personal services contract under this 

3 subsection unless— 

4 (A) in the judgment of the Inspector Gen5 eral, personnel resources of the Office would 

6 otherwise be insufficient; 

7 (B) the contract is for a term of 2 years 

8 or less, unless the Inspector General determines 

9 that exceptional circumstances justify an exten10 sion of not longer than 1 additional year; and 

11 (C) not more than 20 percent of the work12 force of the Office, as of any given date, con13 sists of individuals serving under personal serv14 ices contracts (whether entered into under this 

15 subsection or otherwise), determined on a full16 time equivalent basis. 

17 (4) OTHER AUTHORITIES NOT AFFECTED.—The 

18 authority under this subsection is in addition to any 

19 other authority available to the Inspector General to 

20 engage individuals under a personal services con21 tract. 

22 (d) REPORT.—In the Office of the Inspector Gen23 eral’s semiannual report to Congress, the Inspector Gen24 eral shall include information on the usage and rationale 

25 related to annuitants hired under this section. 


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1 SEC. 228. PERSONAL SERVICES CONTRACTORS. 

2 (a) IN GENERAL.—In addition to other authorities 

3 that may be available, the Secretary of State may establish 

4 a pilot program (referred to in this section as the ‘‘Pro5 gram’’) to respond to new or emerging needs or to aug6 ment existing services by contracting with United States 

7 nationals and aliens lawfully admitted for permanent resi8 dence to provide personal services in the United States 

9 or in the United States and outside the United States. 

10 (b) CONDITIONS.—The Program authorized under 

11 subsection (a) may be established if— 

12 (1) the Secretary determines that existing per13 sonnel resources are insufficient; 

14 (2) the length of each contract, including op15 tions, is not greater than 2 years, unless the Sec16 retary determines that exceptional circumstances 

17 justify an extension of up to 1 additional year; 

18 (3) not more than 200 people are employed at 

19 any time as personal services contractors under this 

20 section; and 

21 (4) the Program is only used to obtain special22 ized skills or experience or to respond to urgent 

23 needs. 

24 (c) STATUS OF PERSONAL SERVICE CONTRAC25 TORS.— 


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1 (1) OFFICE OF PERSONNEL MANAGEMENT.—An 

2 individual entering into a personal services contract 

3 under the Program shall not, by virtue of such hir4 ing, be considered to be an employee of the United 

5 States Government for purposes of any law adminis6 tered by the Office of Personnel Management. The 

7 Secretary may determine the applicability to such in8 dividuals of section 2(f) of the State Department 

9 Basic Authorities Act (22 U.S.C. 2669(f)) and of 

10 any other law administered by the Secretary con11 cerning the employment of such individuals. 

12 (2) FEDERAL EMPLOYMENT STATUS.—Except 

13 as provided in paragraph (1), this section shall not 

14 affect the determination as to whether an individual 

15 entering into a personal services contract under the 

16 Program is an employee of the United States Gov17 ernment for purposes of any Federal law. 

18 (d) TERMINATION OF AUTHORITY.— 

19 (1) IN GENERAL.—The authority to award per20 sonal services contracts under the Program shall ter21 minate on September 30, 2014. 

22 (2) EFFECT ON EXISTING CONTRACTS.—Any 

23 contract entered into before the termination date set 

24 forth in paragraph (1) may remain in effect until 

25 the expiration date set forth in such contract. 


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1 SEC. 229. AMENDMENT TO THE FOREIGN SERVICE ACT OF 

2 1980. 

3 Section 209 of the Foreign Service Act of 1980 (22 

4 U.S.C. 3929) is amended— 

5 (1) in subsection (c), by striking paragraph (5); 

6 and 

7 (2) in subsection (d)(2)— 

8 (A) in subparagraph (D), by adding ‘‘and’’ 

9 at the end; 

10 (B) in subparagraph (E), by striking ‘‘; 

11 and’’ and inserting a period; and 

12 (C) by striking subparagraph (F). 

13 TITLE III—INTERNATIONAL 

14 ORGANIZATIONS 

15 SEC. 301. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

16 ORGANIZATIONS. 

17 (a) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Secretary should— 

19 (1) ensure that the Department of State is able 

20 to appropriately staff United States missions both 

21 within the United States and abroad that are dedi22 cated to representing the United States to inter23 national organizations and multilateral institutions, 

24 including missions in New York, Brussels, Geneva, 

25 Rome, Montreal, Nairobi, Vienna, and Paris; 


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1 (2) develop persons with specialized skills nec2 essary to become experts in multilateral diplomacy 

3 given the large number of positions in the United 

4 States and abroad that are dedicated to this spe5 cialty; and 

6 (3) consider as a factor for promotions whether 

7 a member of the Foreign Service has served in a po8 sition whose primary responsibility is to formulate 

9 policy toward, or represent the United States at, an 

10 international organization, a multilateral institution, 

11 or a broad-based multilateral negotiation of an inter12 national instrument. 

13 SEC. 302. SYNCHRONIZATION OF UNITED STATES CON14 TRIBUTIONS TO INTERNATIONAL ORGANIZA15 TIONS. 

16 In accordance with section 404 of the Foreign Rela17 tions Authorization Act of 2003 (Public Law 107–228; 

18 116 Stat. 1389), there are authorized to be appropriated 

19 such sums as may be necessary for the synchronization 

20 of United States contributions to international organiza21 tions. 

22 SEC. 303. PEACEKEEPING CONTRIBUTIONS. 

23 Section 404(b)(2)(B) of the Foreign Relations Au24 thorization Act, Fiscal Years 1994 and 1995 (Public Law 


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1 103–236; 22 U.S.C. 287e note) is amended by adding at 

2 the end the following: 

3 ‘‘(vi) For assessments made during 

4 calendar year 2010 and thereafter, 27.5 

5 percent.’’. 

6 SEC. 304. BUYING POWER MAINTENANCE, INTERNATIONAL 

7 ORGANIZATIONS. 

8 Title I of the State Department Basic Authorities Act 

9 of 1956 (22 U.S.C. 2651a et seq.), as amended by section 

10 328, is further amended by adding at the end the fol11 lowing: 

12 ‘‘SEC. 64. BUYING POWER MAINTENANCE, INTERNATIONAL 

13 ORGANIZATIONS. 

14 ‘‘(a) ESTABLISHMENT OF ACCOUNT.—There is estab15 lished in the Treasury of the United States the ‘Buying 

16 Power Maintenance, International Organizations account’ 

17 (referred to in this section as the ‘account’) to offset fluc18 tuations in foreign currency exchange rates that adversely 

19 affect United States contributions to international organi20 zations. 

21 ‘‘(b) AUTHORITY TO TRANSFER AMOUNTS TO AC22 COUNT.—The Secretary of State may transfer to, and 

23 merge with, the account such amounts appropriated or 

24 otherwise made available for the Contributions to Inter25 national Organizations account as the Secretary deterVerDate Nov 24 2008 22:01 Jan 29, 2010 Jkt 089200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S2971.IS S2971

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1 mines are beyond the needs of activities funded from that 

2 account because of fluctuations in foreign currency ex3 change rates. 

4 ‘‘(c) AUTHORITY TO TRANSFER AMOUNTS FROM AC5 COUNT.—In order to offset adverse fluctuations in foreign 

6 currency exchange rates, the Secretary of State may 

7 transfer to, and merge with, the Contributions to Inter8 national Organizations account such amounts from the ac9 count as the Secretary determines are necessary to provide 

10 for the activities funded under that account. 

11 ‘‘(d) TRANSFER OF UNOBLIGATED AMOUNTS.— 

12 ‘‘(1) IN GENERAL.—Subject to the limitations 

13 under this subsection, not later than the last day of 

14 the fifth fiscal year after the fiscal year for which 

15 amounts are appropriated or otherwise made avail16 able for the Contributions to International Organiza17 tions account, the Secretary of State may transfer 

18 any unobligated balance of such amounts to the ac19 count. 

20 ‘‘(2) LIMITATION.—The balance of the account 

21 may not exceed $100,000,000 as a result of any 

22 amounts transferred under this subsection. 

23 ‘‘(3) REPROGRAMMING.—Any transfer under 

24 this subsection— 


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1 ‘‘(A) shall be treated as a reprogramming 

2 of funds under section 34; and 

3 ‘‘(B) shall only be available for obligation 

4 or expenditure in accordance with the proce5 dures established under such section. 

6 ‘‘(4) SCOPE.—The authority under this section 

7 may only be exercised with respect to amounts ap8 propriated or otherwise made available after Sep9 tember 30, 2009. 

10 ‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts trans11 ferred to the account under this section shall remain avail12 able until expended. 

13 ‘‘(f) OTHER AUTHORITIES NOT AFFECTED.—The 

14 authority to transfer amounts under this section is in ad15 dition to transfer authority otherwise available to the Sec16 retary of State under any other provision of law.’’. 

17 SEC. 305. UNITED STATES PARTICIPATION IN THE INTER18 PARLIAMENTARY UNION. 

19 (a) IN GENERAL.—Notwithstanding section 2503 of 

20 the Foreign Affairs Reform and Restructuring Act of 

21 1998 (division G of Public Law 105–277; 22 U.S.C. 276 

22 note), the Secretary of State is authorized— 

23 (1) to facilitate the readmission and participa24 tion of the United States in the Inter-Parliamentary 

25 Union; and 


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1 (2) to pay expenses to meet the annual obliga2 tions of membership in the Inter-Parliamentary 

3 Union, in accordance with the assessments deter4 mined by the Governing Council. 

5 (b) REPRESENTATION.—Notwithstanding section 

6 2503 of the Foreign Affairs Reform and Restructuring 

7 Act of 1998 (division G of Public Law 105–277; 22 U.S.C. 

8 276 note), the majority leader of the Senate, in consulta9 tion with the minority leader of the Senate, and the Speak10 er of the House of Representatives, in consultation with 

11 the minority leader of the House of Representatives, are 

12 authorized to designate Members of Congress to serve as 

13 delegates to the Assembly of the Inter-Parliamentary 

14 Union. 

15 SEC. 306. PROVISION OF LIVING QUARTERS AND ALLOW16 ANCES TO THE UNITED STATES REPRESENT17 ATIVES TO THE UNITED NATIONS. 

18 Section 9(2) of the United Nations Participation Act 

19 of 1945 (22 U.S.C. 287e–1(2)) is amended by striking 

20 ‘‘30’’ and inserting ‘‘35’’. 


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1 TITLE IV—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 401. LIMITATION ON ASSISTANCE TO GOVERNMENTS 

4 OF COUNTRIES IN DEFAULT. 

5 (a) FOREIGN ASSISTANCE ACT OF 1961.—Section 

6 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 

7 2370(q)) is amended— 

8 (1) by striking ‘‘any country’’ and inserting 

9 ‘‘the government of any country’’; 

10 (2) by striking ‘‘such country’’ each place it ap11 pears and inserting ‘‘such government’’; and 

12 (3) by striking ‘‘six calendar months’’ and in13 serting ‘‘1 year’’. 

14 (b) ARMS EXPORT CONTROL ACT.—Chapter 4 of the 

15 Arms Export Control Act (22 U.S.C. 2791 et seq.), is 

16 amended— 

17 (1) by redesignating section 47 as section 48; 

18 and 

19 (2) by inserting after section 46 the following: 

20 ‘‘SEC. 47. LIMITATION ON ASSISTANCE TO GOVERNMENTS 

21 OF COUNTRIES IN DEFAULT. 

22 ‘‘No assistance may be furnished under section 23 

23 of this Act to the government of any country which is in 

24 default, during a period exceeding 1 year, in payment to 

25 the United States of principal or interest on any loan 


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1 made to the government of such country under this Act, 

2 unless— 

3 ‘‘(1) such government meets its obligations 

4 under the loan; or 

5 ‘‘(2) the President— 

6 ‘‘(A) determines that assistance to such 

7 country is in the national interest of the United 

8 States; and 

9 ‘‘(B) notifies the Speaker of the House of 

10 Representatives and the Committee on Foreign 

11 Relations of the Senate of such determina12 tion.’’. 

13 SEC. 402. INCREASED AUTHORITY TO PROVIDE ASSIST14 ANCE FOR LAW ENFORCEMENT FORCES. 

15 (a) POLICE TRAINING.—Section 660 of the Foreign 

16 Assistance Act of 1961 (22 U.S.C. 2420) is amended— 

17 (1) in subsection (b)— 

18 (A) in paragraph (4), by striking ‘‘or’’ at 

19 the end; 

20 (B) in paragraph (6), by striking ‘‘, and 

21 the provision of professional’’ and all that fol22 lows through the semicolon at the end and in23 serting ‘‘, including any regional, district, mu24 nicipal, or other subnational entity emerging 

25 from instability;’’; 


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1 (C) in paragraph (7), by striking the pe2 riod at the end and inserting a semicolon; and 

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

4 ‘‘(8) with respect to the provision of profes5 sional training, including training in internationally 

6 recognized standards of human rights and the rule 

7 of law; 

8 ‘‘(9) with respect to assistance to foster civilian 

9 police roles that support democratic governance and 

10 foster improved police-community relations; 

11 ‘‘(10) with respect to assistance to combat traf12 ficking in persons, address sexual and gender-based 

13 violence, reduce corruption, prevent conflict, and re14 spond to disasters; 

15 ‘‘(11) with respect to assistance to address in16 humane conditions in prisons and other detention fa17 cilities administered by foreign governments that are 

18 making efforts to address the health, sanitation, nu19 trition, and other basic needs of prisoners; 

20 ‘‘(12) with respect to assistance provided for 

21 prisoners for humanitarian or development purposes; 

22 or 

23 ‘‘(13) with respect to assistance to support hu24 manitarian operations and activities.’’; and 


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1 (2) by amending subsection (d) to read as fol2 lows: 

3 ‘‘(d) Assistance under chapter 4 of part II that is 

4 otherwise prohibited under subsection (a) may be provided 

5 to a country if the Secretary determines and certifies to 

6 the Committee on Foreign Relations of the Senate and 

7 the Committee on Foreign Affairs of the House of Rep8 resentatives that such assistance is in the national interest 

9 of the United States.’’. 

10 (b) ADMINISTRATION OF JUSTICE.—Section 534 of 

11 the Foreign Assistance Act of 1961 (22 U.S.C. 2346c) is 

12 amended— 

13 (1) in subsection (a), by striking ‘‘in countries 

14 in Latin America and the Caribbean’’; 

15 (2) in subsection (b)(3)— 

16 (A) in subparagraph (C), by striking 

17 ‘‘and’’ at the end; 

18 (B) in subparagraph (D), by inserting 

19 ‘‘and’’ after the semicolon; and 

20 (C) by adding at the end the following: 

21 ‘‘(E) programs to enhance the protection 

22 of participants in judicial cases;’’; 

23 (3) by striking subsection (c); 

24 (4) in subsection (e), by striking the second and 

25 third sentences; and 


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1 (5) by redesignating subsections (d) and (e) as 

2 subsections (c) and (d), respectively. 

3 SEC. 403. BUILDING PUBLIC AWARENESS AND DIALOGUE. 

4 Section 122 of the Foreign Assistance Act of 1961 

5 (22 U.S.C. 2151t) is amended by inserting at the end the 

6 following: 

7 ‘‘(f)(1) The Administrator of the United States Agen8 cy for International Development is authorized— 

9 ‘‘(A) to encourage the people of the United 

10 States to further dialogue and understanding of de11 velopment, humanitarian assistance, and foreign as12 sistance programs; and 

13 ‘‘(B) to facilitate widespread public discussion, 

14 analysis, and review of the issues addressed in the 

15 final report of the Helping to Enhance the Liveli16 hood of People Around the Globe Commission 

17 (HELP Commission), issued in December 2007, 

18 with special regard to the HELP Commission’s call 

19 to encourage Executive agencies to more fully ex20 plain United States development activities to the 

21 American people in order to raise the American peo22 ple’s understanding about and support for foreign 

23 assistance. 

24 ‘‘(2) Not to exceed $1,000,000 of the amounts made 

25 available each fiscal year for the purposes of this chapter 


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1 may be used to ensure effective engagement with the 

2 American people in understanding and promoting public 

3 understanding of development, humanitarian assistance, 

4 and foreign assistance programs, in addition to funds oth5 erwise available for such purposes.’’. 

6 SEC. 404. EXCEPTION TO CERTAIN MULTIPLE AWARD CON7 TRACT REQUIREMENTS. 

8 Chapter 1 of part III of the Foreign Assistance Act 

9 of 1961, as amended by section 705, is further amended 

10 by adding at the end the following new section: 

11 ‘‘SEC. 620P. USAID EXCEPTION TO CERTAIN MULTIPLE 

12 AWARD CONTRACT REQUIREMENTS. 

13 ‘‘In entering into any multiple award task order or 

14 indefinite delivery or indefinite quality contract, the Ad15 ministrator of the United States Agency for International 

16 Development may provide an exception to the fair oppor17 tunity process for placing task orders under such contracts 

18 when the order is placed with any category of small or 

19 small disadvantaged business.’’. 

20 SEC. 405. MILLENNIUM CHALLENGE ASSISTANCE. 

21 (a) EXTENSION OF COMPACTS.—Section 609(j) of 

22 the Millennium Challenge Act of 2003 (22 U.S.C. 7708(j)) 

23 is amended to read as follows: 

24 ‘‘(j) EXTENSION OF COMPACT.— 


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1 ‘‘(1) IN GENERAL.—Except as provided under 

2 paragraph (2), the duration of a Compact shall not 

3 exceed 5 years. 

4 ‘‘(2) EXCEPTION.—The duration of a Compact 

5 may be extended beyond 5 years if the Board— 

6 ‘‘(A) determines that a project included in 

7 the Compact cannot be completed in 5 years or 

8 less; and 

9 ‘‘(B) approves an extension of the Compact 

10 that does not extend the total duration of the 

11 Compact beyond 7 years. 

12 ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not 

13 later than 15 days before the date on which the 

14 Board approves the extension of a Compact beyond 

15 5 years pursuant to paragraph (2), the Board, act16 ing through the Chief Executive Officer, shall— 

17 ‘‘(A) notify the Committee on Foreign Re18 lations of the Senate and the Committee on 

19 Foreign Affairs of the House of Representatives 

20 of its intent to approve such extension; and 

21 ‘‘(B) provide the committees referred to in 

22 subparagraph (A) with a detailed explanation 

23 for the determination and approval described in 

24 paragraph (2).’’. 


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1 (b) CONCURRENT AND SUBSEQUENT COMPACTS.— 

2 Section 609(k) such Act (22 U.S.C. 7708(k)) is amended 

3 to read as follows: 

4 ‘‘(k) CONCURRENT AND SUBSEQUENT COMPACTS.— 

5 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

6 and in accordance with the requirements of this 

7 title, an eligible country and the United States— 

8 ‘‘(A) may enter into and have in effect 

9 more than 1 Compact, but not more than 3 

10 Compacts, at any given time; and 

11 ‘‘(B) may enter into subsequent Compacts 

12 after the expiration of existing Compacts. 

13 ‘‘(2) REQUIREMENTS.— 

14 ‘‘(A) CONCURRENT COMPACTS.—An eligi15 ble country and the United States may not 

16 enter into a concurrent Compact unless the 

17 Board determines that such country is making 

18 considerable and demonstrable progress in im19 plementing the terms of its existing Compact 

20 and supplementary agreements to such Com21 pact. 

22 ‘‘(B) SUBSEQUENT COMPACTS.—An eligi23 ble country and the United States may not 

24 enter into a subsequent Compact unless the 

25 Board determines that— 


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1 ‘‘(i) such country has substantially 

2 met the objectives of prior Compacts be3 tween the country and the United States 

4 and supplementary agreements to such 

5 Compacts; or 

6 ‘‘(ii) the country has demonstrated 

7 sufficient capacity to perform successfully 

8 on the subsequent Compact.’’. 

9 (c) APPLICABILITY.—The amendments made by sub10 sections (a) and (b) shall apply with respect to Compacts 

11 entered into between the United States and an eligible 

12 country under the Millennium Challenge Act of 2003 (22 

13 U.S.C. 7701 et seq.) before, on, or after the date of the 

14 enactment of this Act. 

15 (d) MAINTAINING CANDIDATE STATUS FOR PUR16 POSES OF INCOME CATEGORY.—Section 606 of the Mil17 lennium Challenge Act of 2003 (22 U.S.C. 7705) is 

18 amended by adding at the end the following: 

19 ‘‘(d) MAINTAINING CANDIDATE STATUS.—A can20 didate country transitioning out of 1 of the income cat21 egories identified in subsections (a) and (b) shall be al22 lowed to retain its candidacy at the lower income category 

23 for the year of its transition and for 1 subsequent fiscal 

24 year.’’. 


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1 SEC. 406. ENHANCING THE CAPACITY OF THE OFFICE OF 

2 THE INSPECTOR GENERAL FOR THE UNITED 

3 STATES AGENCY FOR INTERNATIONAL DE4 VELOPMENT. 

5 (a) REEMPLOYMENT OF ANNUITANTS.—To facilitate 

6 the assignment of persons to positions in Iraq, Pakistan, 

7 and Afghanistan, or to positions vacated by members of 

8 the Foreign Service assigned to Iraq, Pakistan, and Af9 ghanistan, the Inspector General of the United States 

10 Agency for International Development may waive the ap11 plication of the provisions of section 8344 or 8468 of title 

12 5, United States Code, on a case-by-case basis, for employ13 ment of an annuitant in a position in the Office of Inspec14 tor General for which there is— 

15 (1) difficulty in recruiting or retaining a quali16 fied employee; or 

17 (2) a temporary emergency hiring need. 

18 (b) SUNSET.— 

19 (1) IN GENERAL.—Subsection (a) is repealed on 

20 October 1, 2011. 

21 (2) EFFECT OF REPEAL.—An annuitant reem22 ployed pursuant to the waiver under subsection (a) 

23 before October 1, 2011 may continue such employ24 ment until not later than September 30, 2012. 

25 (c) NOT CONSIDERED EMPLOYEES.—An employee 

26 reemployed pursuant to the waiver under subsection (a) 


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1 shall not be considered an employee for purposes of sub2 chapter III of chapter 83 of title 5, United States Code, 

3 or chapter 84 of such title. 

4 SEC. 407. PROHIBITIONS ON FOREIGN ASSISTANCE FOR 

5 THE PRODUCTION OF CERTAIN AGRICUL6 TURAL COMMODITIES. 

7 Section 620 of the Foreign Assistance Act of 1961 

8 (22 U.S.C. 2370) is amended by inserting after subsection 

9 (l) the following new subsection: 

10 ‘‘(m) PROHIBITIONS ON ASSISTANCE FOR THE PRO11 DUCTION OF AGRICULTURAL COMMODITIES AVAILABLE

12 IN SURPLUS QUANTITIES.—(1) No assistance shall be fur13 nished under chapter 1 of part I of this Act to a country 

14 to build or expand the capacity of producers in the country 

15 to produce an agricultural commodity if the President de16 termines that— 

17 ‘‘(A) the agricultural commodity is likely to be 

18 available in surplus quantities on the world market 

19 when the building or expansion of such capacity is 

20 complete; and 

21 ‘‘(B) the production or expanded production of 

22 the agricultural commodity by producers in that 

23 country would cause substantial injury to producers 

24 in the United States that produce that agricultural 


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1 commodity or a similar or competing agricultural 

2 commodity. 

3 ‘‘(2) Paragraph (1) shall not apply with respect to 

4 assistance to a country that— 

5 ‘‘(A)(i) is eligible for assistance from the Inter6 national Development Association; 

7 ‘‘(ii) is not eligible for assistance from the 

8 International Bank for Reconstruction and Develop9 ment; and 

10 ‘‘(iii) does not export on a consistent basis the 

11 agricultural commodity with respect to which assist12 ance is furnished; or 

13 ‘‘(B) the President determines is recovering 

14 from widespread conflict, a humanitarian crisis, or a 

15 complex emergency. 

16 ‘‘(n) RESTRICTION ON ASSISTANCE FOR THE PRO17 DUCTION AND EXPORTATION OF CERTAIN AGRICULTURAL

18 COMMODITIES.—(1) No assistance shall be furnished 

19 under chapter 1 of part I of this Act to a country to carry 

20 out any testing, breeding feasibility studies, variety im21 provement efforts, introduction efforts, consulting, publi22 cations, conferences, or training with respect to the pro23 duction of an agricultural commodity in that country if 

24 the President determines that— 


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1 ‘‘(A) the agricultural commodity is or will be 

2 produced to be exported from that country; and 

3 ‘‘(B) the exportation of the agricultural com4 modity from that country will result in increased 

5 competition for that agricultural commodity, or a 

6 similar or competing agricultural commodity, pro7 duced in the United States. 

8 ‘‘(2) Paragraph (1) shall not apply with respect to 

9 assistance furnished— 

10 ‘‘(A) to a developing country to carry out an ac11 tivity involving the production of an agricultural 

12 commodity that is designed to increase food security 

13 in that country if the President determines that the 

14 activity will not have a significant impact on the ex15 portation of that agricultural commodity from the 

16 United States; or 

17 ‘‘(B) to a country that— 

18 ‘‘(i)(I) is eligible for assistance from the 

19 International Development Association; 

20 ‘‘(II) is not eligible for assistance from the 

21 International Bank for Reconstruction and De22 velopment; and 

23 ‘‘(III) does not export on a consistent basis 

24 the agricultural commodity with respect to 

25 which assistance is furnished; or 


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1 ‘‘(ii) the President determines is recovering 

2 from widespread conflict, a humanitarian crisis, 

3 or a complex emergency.’’. 

4 TITLE V—AUTHORIZATION OF 

5 APPROPRIATIONS 

6 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated for each of 

8 the fiscal years 2010 and 2011 such sums as may be nec9 essary to carry out this Act. 

Æ 


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