II 

Calendar No. 585 

111TH CONGRESS 

2D SESSION S. 2971 

[Report No. 111–301] 

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 (for himself and Mr. LUGAR) introduced the following bill; which 

was read twice and referred to the Committee on Foreign Relations 

SEPTEMBER 23, 2010 

Reported by Mr. KERRY, with an amendment 

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

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’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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 

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. 


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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 

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. 


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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 

6 of the Senate and the Committee on Foreign Affairs 

7 of the House of Representatives. 

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

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

10 TITLE I—DEPARTMENT OF 

11 STATE AUTHORITIES AND AC12 TIVITIES 

13 Subtitle A—General Matters 

14 SEC. 101. INTERNATIONAL LITIGATION FUND. 

15 Section 38(d)(3) of the State Department Basic Au16 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended 

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

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

19 an international tribunal, from another agency of the 

20 United States Government,’’. 

21 SEC. 102. ACTUARIAL VALUATIONS. 

22 (a) AUTHORITY OF SECRETARY OF STATE TO MAKE

23 ACTUARIAL VALUATIONS.—Section 818 of the Foreign 

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


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

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

3 and 

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

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

6 sums as may be necessary to administer the provi7 sions of this chapter, including actuarial advice, but 

8 only to the extent and in such amounts as are pro9 vided in advance in appropriations acts.’’. 

10 (b) AUTHORITY OF SECRETARY OF STATE TO DE11 TERMINE PORTION OF FOREIGN SERVICE RETIREMENT

12 AND DISABILITY FUND AVAILABLE FOR INVESTMENT.— 

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

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

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

16 (c) AUTHORITY OF SECRETARY OF STATE TO PRE17 SCRIBE MORTALITY TABLES.—Section 825(b) of such Act 

18 (22 U.S.C. 4065(b)) is amended— 

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

20 and inserting ‘‘paragraph (2), (3), or (4) of sub21 section (a)’’; and 

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

23 inserting ‘‘Secretary of State’’. 


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1 (d) AUTHORITY OF SECRETARY OF STATE TO MAKE

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

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

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

5 inserting ‘‘Secretary of State’’; and 

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

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

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

9 amounts necessary to finance the costs of the Sys10 tem.’’ and inserting the following: ‘‘that will pro11 vide— 

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

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

14 and 

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

16 of the System.’’. 

17 SEC. 103. SPECIAL AGENTS. 

18 Section 37 of the State Department Basic Authorities 

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

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

21 (1) to read as follows: 

22 ‘‘(1) conduct investigations concerning— 

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

24 use; 


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

3 or authorities of the Department of State; and 

4 ‘‘(C) Federal offenses committed within 

5 the special maritime and territorial jurisdiction 

6 of the United States (as such term is defined 

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

8 except as that jurisdiction relates to the prem9 ises of United States military installations and 

10 related residences;’’; and 

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

12 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in sub13 section (a)(1) may be construed to limit the investigative 

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

15 SEC. 104. ACCOUNTABILITY REVIEW BOARDS. 

16 Section 301(a)(3) of the Omnibus Diplomatic Secu17 rity and Antiterrorism Act of 1986 (22 U.S.C. 

18 4831(a)(3)) is amended— 

19 (1) in the paragraph heading, by striking ‘‘AF20 GHANISTAN AND’’ and inserting ‘‘AFGHANISTAN, 

21 PAKISTAN, AND’’; and 

22 (2) in subparagraph (A)— 

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

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

25 and 


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

2 inserting ‘‘2012’’. 

3 SEC. 105. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

4 Section 29 of the State Department Basic Authorities 

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

6 ‘‘physical security enhancements and’’ after ‘‘Such assist7 ance may include’’. 

8 SEC. 106. ENHANCED DEPARTMENT OF STATE AUTHORITY 

9 FOR UNIFORMED SECURITY OFFICERS. 

10 The State Department Basic Authorities Act of 1956 

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

12 the following: 

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

14 UNITED STATES BY UNIFORMED GUARDS. 

15 ‘‘(a) ENFORCEMENT AUTHORITIES FOR UNIFORMED

16 GUARDS.—The Secretary of State may authorize Depart17 ment of State uniformed guards to protect buildings and 

18 areas within the United States for which the Department 

19 of State provides protective services, including duty in 

20 areas outside the property to the extent necessary to pro21 tect the property and persons in that area. 

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

23 performance of official duties as a uniformed guard under 

24 subsection (a), a guard may— 


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

2 the protection of persons and property; 

3 ‘‘(2) carry firearms; and 

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

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

6 committed in the guard’s presence; or 

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

8 of the United States if the guard has reason9 able grounds to believe that the person to be ar10 rested has committed, or is committing, such 

11 felony in connection with the buildings, areas, 

12 or persons, for which the Department of State 

13 is providing protective services. 

14 ‘‘(c) REGULATIONS.— 

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

16 consultation with the Secretary of Homeland Secu17 rity, may prescribe such regulations as may be nec18 essary for the administration of buildings and areas 

19 within the United States for which the Department 

20 of State provides protective services, including rea21 sonable penalties for violations of such regulations, 

22 within the limits prescribed in subsection (d). 

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

24 under paragraph (1) shall be posted in a con25 spicuous place on the property. 


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

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

3 18, United States Code, imprisoned for not more than 6 

4 months, or both. 

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

6 granted to guards designated under this section shall be 

7 exercised in accordance with guidelines approved by the 

8 Attorney General. 

9 ‘‘(f) RELATIONSHIP TO OTHER AUTHORITY.—Noth10 ing in this section may be construed to affect the authority 

11 of the Secretary of Homeland Security, the Administrator 

12 of General Services, or any Federal law enforcement agen13 cy.’’. 

14 SEC. 107. LOCAL GUARD CONTRACTS ABROAD UNDER DIP15 LOMATIC SECURITY PROGRAM. 

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

17 Relations Authorization Act, Fiscal Years 1990 and 1991 

18 (22 U.S.C. 4864(c)(3)) is amended to read as follows: 

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

20 award contracts to technically acceptable firms offer21 ing the lowest evaluated price, except that— 

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

23 the basis of best value (as determined by a cost24 technical tradeoff analysis); and 


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1 ‘‘(B) proposals received from United 

2 States persons and qualified United States joint 

3 venture persons shall be evaluated by reducing 

4 the bid price by 10 percent;’’. 

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

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

7 a report to Congress that describes the implementation of 

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

9 Act, Fiscal Years 1990 and 1991, as amended by sub10 section (a). 

11 SEC. 108. OVERSEAS PROCUREMENT FLEXIBILITY. 

12 Section 3 of the State Department Basic Authorities 

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

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

15 end; 

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

17 the end and inserting ‘‘; and’’; and 

18 (3) adding at the end the following: 

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

20 outside the United States of goods or services needed for 

21 the operation of United States diplomatic and consular 

22 posts and related facilities outside the United States, pro23 vided that— 

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

25 negotiation, making, contents, or performance of 


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1 government contracts for goods or services, and ad2 vance payments and indemnification in relation to 

3 such contracts shall apply with respect to such con4 tracts except to the extent that the Secretary deter5 mines (other than for section 27 of the Office of 

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

7 that the Secretary could not reasonably meet the 

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

9 by use of authority available to the Secretary under 

10 a law other than this subsection; 

11 ‘‘(2) the Secretary shall— 

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

13 authority; and 

14 ‘‘(B) require written approval to waive spe15 cific laws or procurement regulations under this 

16 authority by the Procurement Executive (with17 out further delegation); and 

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

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

20 approved in writing by the Chief Acquisition Officer 

21 of the Department of State (without further delega22 tion).’’. 


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1 SEC. 109. RENAMING OF BUREAU OF OCEANS AND INTER2 NATIONAL ENVIRONMENTAL AND SCIENTIFIC 

3 AFFAIRS. 

4 (a) DEPARTMENT OF STATE APPROPRIATIONS AU5 THORIZATION ACT OF 1973.—Section 9(a) of the Depart6 ment of State Appropriations Authorization Act of 1973 

7 (22 U.S.C. 2655a) is amended by striking ‘‘Oceans and 

8 International Environmental and Scientific Affairs’’ each 

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

10 Science’’. 

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

12 607(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 

13 2357(d)) is amended by striking ‘‘Oceans and Inter14 national Environmental and Scientific Affairs’’ and insert15 ing ‘‘Oceans, Environment, and Science’’. 

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

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

18 ‘‘Oceans and International Environmental and Scientific 

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

20 Science’’. 

21 SEC. 110. EXTENSION OF PERIOD FOR REIMBURSEMENT 

22 FOR SEIZED COMMERCIAL FISHERMEN. 

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

24 1967 (22 U.S.C. 1977(e)) is amended by striking ‘‘2008’’ 

25 and inserting ‘‘2013’’. 


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1 SEC. 111. AUTHORITY TO ISSUE ADMINISTRATIVE SUB2 POENAS. 

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

4 amended— 

5 (1) in subsection (a)— 

6 (A) paragraph (1)(A)— 

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

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

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

10 at the end; 

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

12 comma at the end and inserting a semi13 colon; and 

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

15 following: 

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

17 a threat against a person, foreign mission 

18 or organization authorized to receive pro19 tection by special agents of the Depart20 ment of State and the Foreign Service 

21 under section 37(a)(3) of the State De22 partment Basic Authorities Act of 1956 

23 (22 U.S.C. 2709(a)(3)) if the Assistant 

24 Secretary for Diplomatic Security or the 

25 Director of the Diplomatic Security Service 

26 determines that the threat constituting the 


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1 offense or threat against the person or 

2 place protected is imminent, the Secretary 

3 of State; or 

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

5 Secretary of State,’’; 

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

7 follows: 

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

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

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

11 service of the subpoena.’’; and 

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

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

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

15 of State shall notify the Attorney General of such 

16 issuance.’’; and 

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

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

19 administrative subpoenas issued under subsection 

20 (a)(1)(A)(i).’’. 

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

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

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

24 the Deputy Secretary of State for Management and Re25 sources,’’ before ‘‘principal diplomatic’’. 


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1 SEC. 113. TECHNICAL AMENDMENT TO FEDERAL WORK2 FORCE FLEXIBILITY ACT. 

3 Chapter 57 of title 5, United States Code, is amend4 ed— 

5 (1) in section 5753(a)(2)(A), by inserting ‘‘, ex6 cluding members of the Foreign Service other than 

7 chiefs of mission, ambassadors at large, and other 

8 members of the Foreign Service subject to examina9 tions under section 302(b) of the Foreign Service 

10 Act of 1980 (22 U.S.C. 3941(b))’’ before the semi11 colon at the end; and 

12 (2) in section 5754(a)(2)(A), by inserting ‘‘, ex13 cluding members of the Foreign Service other chiefs 

14 of mission, ambassadors at large, and other mem15 bers of the Foreign Service subject to examinations 

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

17 1980 (22 U.S.C. 3941(b))’’ before the semicolon at 

18 the end. 

19 SEC. 114. EMERGENCY REFUGEE AND MIGRATION ASSIST20 ANCE ACCOUNT. 

21 Section 2(c)(2) of the Migration and Refugee Assist22 ance Act of 1962 (22 U.S.C. 2601(c)(2)) is amended by 

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

24 Subtitle B—Public Diplomacy 

25 SEC. 121. PUBLIC DIPLOMACY RESOURCE CENTERS. 

26 (a) FINDINGS.—Congress finds that— 


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1 (1) of the 177 information resource centers op2 erated by the Department of State as of February 

3 2009— 

4 (A) 87 (49 percent) operated on a ‘‘by ap5 pointment only’’ basis; and 

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

7 public access; 

8 (2) information resource centers located outside 

9 United States embassy compounds receive signifi10 cantly more visitors than the centers located inside 

11 such compounds, including— 

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

13 (B) 6 times more visitors in the Middle 

14 East; and 

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

16 (3) Iran has increased the number of similar 

17 Iranian facilities, known as Iranian Cultural Cen18 ters, to about 60 throughout the world. 

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

20 Congress that— 

21 (1) the Secretary of State should initiate a re22 examination of the public diplomacy platform strat23 egy of the United States with a goal of reestab24 lishing publicly accessible American Centers; 


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1 (2) after taking into account relevant security 

2 considerations, the Secretary of State should con3 sider placing United States public diplomacy facili4 ties at locations conducive to maximizing their use, 

5 consistent with the authority given to the Secretary 

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

7 Construction and Counterterrorism Act of 1999 (22 

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

9 of that Act. 

10 SEC. 122. EMPLOYMENT OF NON-CITIZENS FOR INTER11 NATIONAL BROADCASTING. 

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

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

14 is amended by striking ‘‘suitably qualified United States 

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

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

17 citizen applicants’’. 

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

19 PARITY. 

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

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

22 amended— 

23 (1) in subparagraph (A)— 

24 (A) by striking ‘‘or (C)’’; and 


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1 (B) by inserting ‘‘(or level II of the Execu2 tive Schedule under section 5313 of such title, 

3 if the Board certifies that the employees are 

4 covered by a performance appraisal system 

5 meeting the certification criteria under section 

6 5307(d) of such title)’’ before the period at the 

7 end; and 

8 (2) by striking subparagraph (C). 

9 SEC. 124. EXTENSION OF GRANT AUTHORITY FOR RADIO 

10 FREE ASIA. 

11 Section 309(f) of the United States International 

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

13 by striking ‘‘September 30, 2010’’ and inserting ‘‘Sep14 tember 30, 2011’’. 

15 SEC. 125. PERSONAL SERVICES CONTRACTING PROGRAM 

16 FOR THE BROADCASTING BOARD OF GOV17 ERNORS. 

18 Section 504 of the Foreign Relations Authorization 

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

20 6206 note) is amended— 

21 (1) in the section heading, by striking 

22 ‘‘PILOT’’; 

23 (2) in subsection (a)— 

24 (A) by striking ‘‘pilot’’; 


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

2 Service and classification laws,’’; and 

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

4 personal services contractor hired pursuant to 

5 this section shall not be considered a Federal 

6 employee (as defined under section 2105 of title 

7 5, United States Code) for any purpose.’’; 

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

9 following: 

10 ‘‘(5) The annual salary rate for personal serv11 ices contractors may not exceed the rate for level IV 

12 of the Executive Schedule under section 5315 of title 

13 5, United States Code.’’; and 

14 (4) in subsection (c)— 

15 (A) by striking ‘‘the pilot program author16 ized by this section’’ and inserting ‘‘the pro17 gram’’; and 

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

19 inserting ‘‘December 31, 2011’’. 

20 SEC. 126. REAUTHORIZATION OF UNITED STATES ADVI21 SORY COMMISSION ON PUBLIC DIPLOMACY. 

22 Section 1334 of the Foreign Affairs Reform and Re23 structuring Act of 1998 (22 U.S.C. 6553) is amended by 

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

25 2011’’. 


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1 SEC. 127. DISSEMINATION OF PUBLIC DIPLOMACY INFOR2 MATION WITHIN THE UNITED STATES. 

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

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

5 amended— 

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

7 the United States Information Agency’’ and insert8 ing ‘‘Secretary of State’’; 

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

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

11 (3) by inserting after paragraph (1) the fol12 lowing: 

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

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

15 domestic distribution, motion pictures, films, videotape, 

16 and other material prepared by the Broadcasting Board 

17 of Governors for dissemination abroad 2 years after the 

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

19 of such material not disseminated abroad, 2 years after 

20 the preparation of the material.’’; and 

21 (4) by amending paragraph (3), as redesig22 nated, to read as follows: 

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

24 Board of Governors shall be reimbursed for any attendant 

25 expenses. Any reimbursement to the Secretary or the 

26 Broadcasting Board of Governors under this paragraph 


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1 shall be credited to the applicable appropriation of the De2 partment of State or the Broadcasting Board of Gov3 ernors.’’. 

4 SEC. 128. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

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

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

7 accordance with the Mutual Educational and Cultural Ex8 change Act of 1961 (22 U.S.C. 2451 et seq.), may in9 crease the number of educational and cultural exchange 

10 activities involving persons from scientific, medicine, re11 search, and academic sectors by— 

12 (1) establishing new programs under such Act; 

13 and 

14 (2) expanding the coverage of existing programs 

15 under such Act. 

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

17 Foreign Relations Authorization Act, Fiscal Year 1979 

18 (22 U.S.C. 2656d), is amended by adding at the end the 

19 following: 

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

21 into cooperative agreements related to science and tech22 nology fellowship programs of the Department of State, 

23 including for assistance in recruiting fellows and the pay24 ment of stipends, travel, and other appropriate expenses 

25 to fellows. 


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

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

3 program; and 

4 ‘‘(B) used to select our Nation’s preeminent sci5 entists, Nobel laureates, and leaders in technology 

6 who will travel overseas to represent the commit7 ment of the United States to collaborate with other 

8 countries to promote the advancement of science and 

9 technology throughout the world based on issues of 

10 common interest and expertise. 

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

12 be considered compensation for purposes of section 209 

13 of title 18, United States Code. 

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

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

16 year.’’. 

17 SEC. 129. GRANTS FOR INTERNATIONAL DOCUMENTARY 

18 EXCHANGE PROGRAMS. 

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

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

21 determine, to United States film makers and nongovern22 mental organizations that use independently produced 

23 documentary films to promote better understanding of— 

24 (1) the United States among individuals in 

25 other countries; and 


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1 (2) global perspectives and other countries 

2 among individuals in the United States. 

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

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

5 be used— 

6 (1) to fund, distribute, and promote documen7 tary films that— 

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

9 the United States to foreign audiences; and 

10 (B) bring insightful foreign perspectives to 

11 United States audiences; 

12 (2) to support— 

13 (A) the production of documentaries de14 scribed in paragraph (1) that are made by inde15 pendent foreign and domestic producers, se16 lected through a peer review process; and 

17 (B) the distribution and screening of such 

18 documentaries in diverse locations throughout 

19 the United States; 

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

21 produce, distribute, and broadcast such documen22 taries according to the allowable rights of each pro23 gram; and 

24 (4) to help distribute foreign documentaries in 

25 the United States. 


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1 (c) PREFERENCE FACTORS.—In awarding grants 

2 under this section, the Secretary shall give preference to 

3 nongovernmental organizations that— 

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

5 (2) have experience supporting independently 

6 produced documentary films. 

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

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

9 a report to Congress that describes in detail the implemen10 tation of this section. 

11 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

12 amounts authorized to be appropriated for Educational 

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

14 there is authorized to be appropriated to the Secretary of 

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

16 years 2010 and 2011 to carry out this section. 

17 Subtitle C—Consular Services and 

18 Related Matters 

19 SEC. 131. REFORMING REFUGEE PROCESSING. 

20 (a) FAMILY REUNIFICATION.— 

21 (1) MULTIPLE FORMS OF RELIEF.—Section 

22 207(c)(1) of the Immigration and Nationality Act (8 

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

24 ‘‘Applicants for admission as refugees under this 

25 section may simultaneously pursue admission under 


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1 any visa category for which such applicants may be 

2 eligible.’’. 

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

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

5 1157(c)(2)) is amended— 

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

7 last sentence; 

8 (B) by redesignating subparagraph (B) as 

9 subparagraph (D); and 

10 (C) by inserting after subparagraph (A) 

11 the following: 

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

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

14 refugee shall be admitted as a refugee if not otherwise en15 titled to such admission if— 

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

17 death or disappearance of, abandonment or deser18 tion by, or separation or loss from, both parents, or 

19 for whom the sole or surviving parent is incapable 

20 of providing the proper care and has relinquished 

21 physical custody of the child; 

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

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

24 admission to the United States as a refugee under 

25 paragraph (1); 


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

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

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

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

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

6 paragraph (3).’’. 

7 (3) CHILDREN OF REFUGEE SPOUSES.— 

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

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

10 1157(c)) is amended— 

11 (i) in paragraph (2)— 

12 (I) by inserting after subpara13 graph (B), as added by paragraph 

14 (2), the following: 

15 ‘‘(C) If a person granted refugee status under sub16 paragraph (A) proves that he or she is the birth parent 

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

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

19 status, such child shall be eligible for admission as a ref20 ugee if the child— 

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

22 parent; 

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

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


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1 ‘‘(iii) is admissible (except as otherwise pro2 vided under paragraph (3)).’’; and 

3 (II) by adding at the end the fol4 lowing: 

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

6 this paragraph shall be charged against the numerical lim7 itation established in accordance with the appropriate sub8 section under which the principal refugee’s admission is 

9 charged.’’; and 

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

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

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

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

14 1158(b)(3)) is amended— 

15 (i) by redesignating subparagraph (B) 

16 as subparagraph (C); and 

17 (ii) by inserting after subparagraph 

18 (A) the following: 

19 ‘‘(B) ELIGIBILITY OF CHILD TO JOIN PAR20 ENT.—If an alien who qualifies for asylee sta21 tus under subparagraph (A) as the spouse of an 

22 alien who has been granted asylum under this 

23 subsection proves that he or she is the birth 

24 parent or adoptive parent of a child and such 

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


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1 parent was granted such status, such child shall 

2 be granted asylee status if the child— 

3 ‘‘(i) is accompanying or following to 

4 join such parent; and 

5 ‘‘(ii) is otherwise admissible.’’. 

6 (b) ADJUSTMENTS OF STATUS OF REFUGEES.—Sec7 tion 209 of the Immigration and Nationality Act (8 U.S.C. 

8 1159) is amended— 

9 (1) by amending subsection (a) to read as fol10 lows: 

11 ‘‘(a) REQUIREMENTS FOR ADJUSTMENT OF STATUS

12 OF REFUGEE.— 

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

14 Security or the Attorney General, in the discretion 

15 of the Secretary or the Attorney General and under 

16 such regulations as the Secretary or the Attorney 

17 General may prescribe, may adjust the status of any 

18 alien admitted as a refugee under section 207 to the 

19 status of an alien lawfully admitted for permanent 

20 residence if the alien— 

21 ‘‘(A) applies for such adjustment; 

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

23 United States for at least 1 year after being ad24 mitted as a refugee; 


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

2 country; 

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

4 terminated by the Secretary of Homeland Secu5 rity under section 207(c)(4); 

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

7 for adjustment, the subject of a procedure to 

8 terminate refugee status, pursuant to such reg9 ulations as the Secretary of Homeland Security 

10 may prescribe; and 

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

12 provided under subsection (c)) as an immigrant 

13 under this Act at the time of examination for 

14 adjustment of such alien. 

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

16 limitation under this Act, the Secretary of Homeland 

17 Security or the Attorney General shall, upon the ap18 proval of an application under paragraph (1), estab19 lish a record of the alien’s admission for lawful per20 manent residence as of— 

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

22 a refugee, if the alien applies for adjustment 

23 not later than 2 years after the date of admis24 sion as a refugee; or 


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1 ‘‘(B) the date of the application for adjust2 ment in all other cases.’’; and 

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

4 application for adjustment under this section may be 

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

6 applicant would first otherwise be eligible for adjust7 ment under this section.’’. 

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

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

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

11 this Act. 

12 SEC. 132. DEFINITION OF ‘‘USE’’ IN PASSPORT AND VISA OF13 FENSES. 

14 Chapter 75 of title 18, United States Code, is amend15 ed— 

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

17 the item relating to section 1541 the following: 

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

18 and 

19 (2) by inserting before section 1541 the fol20 lowing: 

21 ‘‘§ 1540. Meaning of ‘use’ and ‘uses’ 

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

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

24 identification purposes.’’. 


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1 SEC. 133. VISA INELIGIBILITY FOR INTERNATIONAL CHILD 

2 ABDUCTION. 

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

4 Nationality Act (8 U.S.C. 1182(a)(10)(C)(iii)) is amend5 ed— 

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

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

8 end and inserting a period; and 

9 (3) by striking subclause (III). 

10 SEC. 134. VACCINATION WAIVER FOR ADOPTED CHILDREN. 

11 Section 212(a)(1)(C)(ii) of the Immigration and Na12 tionality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by 

13 striking ‘‘section 101(b)(1)(F),’’ and inserting ‘‘subpara14 graph (F) or (G) of section 101(b)(1);’’. 

15 SEC. 135. SIGNED PHOTOGRAPH REQUIREMENT FOR VISA 

16 APPLICATIONS. 

17 Section 221(b) of the Immigration and Nationality 

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

19 by him’’. 

20 SEC. 136. ELECTRONIC TRANSMISSION OF DOMESTIC VIO21 LENCE INFORMATION TO VISA APPLICANTS. 

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

23 and Department of Justice Reauthorization Act of 2005 

24 (8 U.S.C. 1375a(a)(5)(A)) is amended by adding at the 

25 end the following: 


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1 ‘‘(iv) Subject to such regulations as 

2 the Secretary of State may prescribe, mail3 ings required under this subsection may be 

4 transmitted by electronic means if an ap5 plicant consents to electronic service.’’. 

6 SEC. 137. SIBLING ADOPTIONS. 

7 Section 101(b)(1)(G) of the Immigration and Nation8 ality Act (8 U.S.C. 1101(b)(1)(G)) is amended— 

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

10 (VI); 

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

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

13 age, if—’’; 

14 (3) by striking ‘‘a child under the age of six15 teen’’ and inserting the following ‘‘a child who— 

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

17 (4) in subclause (VI), as redesignated, by strik18 ing the period at the end and inserting ‘‘; or’’; and 

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

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

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

22 of the child— 

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

24 described in clause (i), subparagraph 

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


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1 ‘‘(II) has been adopted abroad, 

2 or is coming to the United States for 

3 adoption, by the adoptive parent (or 

4 prospective adoptive parent) or par5 ents of the sibling described in clause 

6 (i), subparagraph (E)(i), or subpara7 graph (F)(i); and 

8 ‘‘(III) is younger than 18 years 

9 of at the time a petition is filed in his 

10 or her behalf to accord a classification 

11 as an immediate relative under section 

12 201(b).’’. 

13 SEC. 138. PASSPORT EXECUTION FEE. 

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

15 214(a)) is amended by striking ‘‘and a fee, prescribed by 

16 the Secretary of State by regulation, for executing each 

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

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

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

20 which, for applications filed at passport facilities opened 

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

22 collection to the appropriate Department of State appro23 priation, to remain available until expended to recover the 

24 costs of passport processing. The’’. 


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1 SEC. 139. FRAUD PREVENTION AND DETECTION FEES. 

2 Section 286(v)(2)(A) of the Immigration and Nation3 ality Act (8 U.S.C. 1356(v)(2)(A)) is amended— 

4 (1) in the matter preceding clause (i), by strik5 ing ‘‘at United States embassies and consulates 

6 abroad’’; 

7 (2) in clause (ii)— 

8 (A) by striking ‘‘primarily’’; and 

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

10 of a memorandum of understanding or other 

11 agreement between the Secretary of State and 

12 the Secretary of Homeland Security; and’’ and 

13 inserting ‘‘, as appropriate;’’; 

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

15 and 

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

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

18 and operate facilities for the processing of 

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

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

21 SEC. 140. TECHNICAL AMENDMENTS RELATING TO THE IN22 TELLIGENCE REFORM AND TERRORISM PRE23 VENTION ACT OF 2004. 

24 Title VII of the Intelligence Reform and Terrorism 

25 Prevention Act of 2004 (Public Law 108–458) is amend26 ed— 


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

2 Department of State’’ after ‘‘used by the Depart3 ment of Homeland Security’’; and 

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

5 striking ‘‘the Secretary, in conjunction with the Sec6 retary of Homeland Security’’ and inserting ‘‘the 

7 Secretary of Homeland Security, in consultation 

8 with the Secretary of State’’. 

9 TITLE II—ORGANIZATION AND 

10 PERSONNEL OF THE DEPART11 MENT OF STATE 

12 Subtitle A—Modernizing the 

13 Department of State 

14 SEC. 201. CREATION OF A MODERN AND EXPEDITIONARY 

15 FOREIGN SERVICE. 

16 (a) TARGETED EXPANSION OF FOREIGN SERVICE.— 

17 The Secretary of State shall expand the Foreign Service 

18 to— 

19 (1) fill vacancies, particularly overseas vacan20 cies that are critical to key United States foreign 

21 policy and national security interests, to prevent cri22 ses from emerging; 

23 (2) increase the capacity of the Department of 

24 State to assign and deploy Foreign Service officers 

25 and other personnel to prevent, mitigate, and reVerDate Mar 15 2010 22:58 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6401 E:\BILLS\S2971.RS S2971

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1 spond to international crises and instability in for2 eign countries that threaten key United States for3 eign policy and national security interests; and 

4 (3) ensure that members of the Foreign Serv5 ice, before beginning assignments that require addi6 tional or improved skills— 

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

8 other training that is necessary to successfully 

9 execute their responsibilities in their new as10 signments; and 

11 (B) have the opportunity to obtain ad12 vanced and other education that will increase 

13 the capacity of the Foreign Service to complete 

14 its mission. 

15 (b) AUTHORIZED PERSONNEL INCREASES.— 

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

17 State is authorized to increase the number of mem18 bers of the Foreign Service— 

19 (A) by 750 above attrition during fiscal 

20 year 2010; and 

21 (B) by an additional 750 above attrition 

22 during fiscal year 2011. 

23 (2) USAID.—In addition to the personnel in24 creases authorized under paragraph (1), the Admin25 istrator of the United States Agency for InterVerDate Mar 15 2010 22:58 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6401 E:\BILLS\S2971.RS S2971

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1 national Development (USAID) is authorized to in2 crease the number of members of the Foreign Serv3 ice employed by USAID— 

4 (A) by 350 above attrition during fiscal 

5 year 2010; and 

6 (B) by an additional 350 above attrition 

7 during fiscal year 2011. 

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

9 subsection may be construed to limit the authority 

10 of the Secretary of State or the Administrator of the 

11 United States Agency for International Development 

12 to hire personnel. 

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

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

15 the end the following: 

16 ‘‘(d) The Secretary of State shall ensure that mem17 bers of the Service, before receiving assignments that re18 quire new and improved skills— 

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

20 training that is necessary to successfully execute 

21 their responsibilities in their new assignments; and 

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

23 obtain advanced education and training in academic 

24 and other relevant institutions in the United States 


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1 and in other countries to increase the capacity of the 

2 Service to fulfill its mission.’’. 

3 SEC. 202. CONFLICT PREVENTION, MITIGATION, AND RESO4 LUTION TRAINING. 

5 (a) IN GENERAL.—Section 708 of the Foreign Serv6 ice Act of 1980, as amended by section 301(d), is further 

7 amended by adding at the end the following: 

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

9 officers of the Foreign Service deploying to areas under10 going significant conflict or considered to be at risk of sig11 nificant conflict receive appropriate advanced training in 

12 conflict prevention, mitigation, and resolution, including 

13 an understanding of— 

14 ‘‘(1) peace processes, negotiations, and decision15 making; 

16 ‘‘(2) patterns of escalation; 

17 ‘‘(3) country and region-specific issues, includ18 ing resource allocation, as contributing factors to 

19 peace or conflict; and 

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

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

22 instability; or 

23 ‘‘(B) there is no civil authority that can ef24 fectively provide public safety.’’. 


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

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

3 a report to the appropriate congressional committees that 

4 describes the efforts made by the Department of State to 

5 further expand and facilitate conflict prevention, mitiga6 tion, and resolution training. 

7 Subtitle B—Foreign Services 

8 Overseas Pay Equity 

9 SEC. 211. SHORT TITLE. 

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

11 Overseas Pay Equity Act of 2009’’. 

12 SEC. 212. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

13 (a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 

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

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

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

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

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

19 designated class 1 or below for purposes of section 403 

20 and whose official duty station is neither in the continental 

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

22 accordance with the phase-in schedule set forth in sub23 section (c), a locality-based comparability payment (stated 

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

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


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

2 member’s official duty station were in the District of Co3 lumbia. 

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

5 any locality-based comparability payment, which is pay6 able to a member of the Service under this section— 

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

8 of such member for the purposes described in— 

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

10 United States Code; and 

11 ‘‘(B) chapter 8 of this Act; and 

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

13 applicable to locality-based comparability payments 

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

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

16 payment payable to a member of the Service under this 

17 section— 

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

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

20 the date of the enactment of this subsection, and 

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

22 year 2009, shall be up to 33.33 percent of the pay23 ment which would otherwise apply under subsection 

24 (a); 


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

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

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

4 year 2010, shall be up to 66.67 percent of the pay5 ment which would otherwise apply under subsection 

6 (a); and 

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

8 period in fiscal year 2011, shall be equal to the pay9 ment determined under subsection (a). 

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

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

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

13 (2) CONFORMING AMENDMENT.—The table of 

14 contents under section 2 of the Foreign Service Act 

15 of 1980 (22 U.S.C. 3901 et seq.) is amended by in16 serting after the item relating to section 414 the fol17 lowing: 

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

18 (b) CONFORMING AMENDMENTS RELATING TO THE

19 FOREIGN SERVICE RETIREMENT SYSTEMS.— 

20 (1) CONTRIBUTIONS TO THE FUND.— 

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

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

23 4045(a)) is amended— 

24 (i) in paragraph (1)— 


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1 (I) by striking ‘‘7.25 percent’’ 

2 and inserting ‘‘7 percent’’; and 

3 (II) by striking ‘‘The contribu4 tion by the employing agency’’ and all 

5 that follows through ‘‘and shall be 

6 made’’ and inserting ‘‘An equal 

7 amount shall be contributed by the 

8 employing agency’’; 

9 (ii) in paragraph (2)— 

10 (I) in subparagraph (A), by strik11 ing ‘‘, plus an amount equal to .25 

12 percent of basic pay’’; and 

13 (II) in subparagraph (B), by 

14 striking ‘‘, plus an amount equal to 

15 .25 percent of basic pay’’; and 

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

17 plus .25 percent’’. 

18 (B) EFFECTIVE DATE.—The amendments 

19 made by subparagraph (A) shall take effect on 

20 the first day of the first pay period beginning 

21 on or after October 1, 2011 (or during any por22 tion of such pay period). 

23 (2) COMPUTATION OF ANNUITIES.—Section 

24 806(a)(9) of the Foreign Service Act of 1980 (22 

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1 side the continental United States shall’’ and insert2 ing ‘‘was outside the continental United States dur3 ing the period beginning on December 29, 2002, and 

4 ending on the day before the first day of the first 

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

6 shall, to the extent that such computation is based 

7 on the basic salary or basic pay of such member 

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

9 (3) ENTITLEMENT TO ANNUITY.—Section 

10 855(a)(3) of the Foreign Service Act of 1980 (22 

11 U.S.C. 4071d(a)(3)) is amended— 

12 (A) by striking ‘‘section 8414’’ and insert13 ing ‘‘section 8415’’; and 

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

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

16 the continental United States during the period 

17 beginning on December 29, 2002, and ending 

18 on the day before the first day of the first pay 

19 period beginning on or after October 1, 2011 

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

21 shall, to the extent that such computation is 

22 based on the basic salary or basic pay of such 

23 member while the member was outside the 

24 United States,’’. 


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1 (4) DEDUCTIONS AND WITHHOLDINGS FROM

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

3 4071e(a)(2)) is amended to read as follows: 

4 ‘‘(2) The applicable percentage specified in this para5 graph shall be as follows: 

‘‘Percentage Time Period 

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

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

1999. 

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

2000. 

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

the first day of the first pay period 

beginning on or after October 1, 

2011. 

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

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

6 (c) REPORTING REQUIREMENT.—Not later than Oc7 tober 1, 2011, the Secretary of State shall submit a report 

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

9 Committee on Homeland Security and Governmental Af10 fairs of the Senate, the Committee on Foreign Affairs of 

11 the House of Representatives, and Committee on Over12 sight and Government Reform of the House of Represent13 atives that includes— 

14 (1) an assessment of all allowances provided to 

15 members of the Foreign Service under— 

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

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


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1 (2) an explanation of how such allowances have 

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

3 Foreign Service Act of 1980 made under this Act. 

4 Subtitle C—Other Organization 

5 and Personnel Matters 

6 SEC. 221. DEATH GRATUITY. 

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

8 (22 U.S.C. 3973(a)) is amended by striking ‘‘at the time 

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

10 Schedule under section 5313 of title 5, United States 

11 Code, at the time of death except that for employees com12 pensated under a local compensation plan established 

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

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

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

16 grade on the local compensation plan from which the em17 ployee was being paid at the time of death.’’. 

18 SEC. 222. EXPANSION AND EXTENSION OF ANNUITANT 

19 WAIVER FOR RESPONSE READINESS CORPS. 

20 (a) AMENDMENTS TO STATE DEPARTMENT BASIC

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

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

23 2733(a)) is amended— 


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

2 vacated’’ and inserting ‘‘, to positions in the Re3 sponse Readiness Corps, or to posts vacated’’; and 

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

5 inserting ‘‘2012’’. 

6 (b) AMENDMENTS TO FOREIGN ASSISTANCE ACT OF

7 1961.—Section 625(j)(1) of the Foreign Assistance Act 

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

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

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

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

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

13 and inserting ‘‘2012’’. 

14 SEC. 223. REEMPLOYMENT OF ANNUITANTS. 

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

16 (22 U.S.C. 4064(g)) is amended— 

17 (1) in paragraph (1)(B), by striking ‘‘to facili18 tate the assignment of persons to Iraq and Afghani19 stan or to posts vacated by members of the Service 

20 assigned to Iraq and Afghanistan’’; 

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

22 (3) by redesignating paragraph (3) as para23 graph (2). 


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1 SEC. 224. LOCALLY EMPLOYED STAFF. 

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

3 the April 2009 report from the Office of the Inspector 

4 General of the Department of State and the Broadcasting 

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

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

7 44), Congress makes the following findings: 

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

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

10 local compensation plans (LCPs) in about 170 over11 seas missions. A report by the Office of the Inspec12 tor General of the Department of State and the 

13 Broadcasting Board of Governors, entitled ‘‘Review 

14 of Locally Employed Staff Compensation Issues’’ 

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

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

17 compensation package for LE staff that is commen18 surate with their experience, technical skills, and re19 sponsibilities’’. 

20 (2) The ability of United States overseas mis21 sions to retain LE staff and to recruit new, qualified 

22 staff is vital to the success of those missions. 

23 (3) To addresses differences in the skill levels 

24 required for different categories of LE staff posi25 tions, the Inspector General’s report recommended 


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1 that ‘‘separate data and separate scales should be 

2 established for certain types of employees’’. 

3 (4) The current LE staff compensation review 

4 process requires improvement, including increasing 

5 transparency and interagency involvement, reducing 

6 disparities between the salary and budget cycles, and 

7 improving the use of outmoded and cumbersome 

8 communication technology. 

9 (b) REVIEW.— 

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

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

12 than every 5 years thereafter, the Secretary of State 

13 shall— 

14 (A) review salary and compensation guide15 lines for overseas, locally employed staff of the 

16 Department of State; 

17 (B) review— 

18 (i) whether the United States is fall19 ing behind in providing a competitive com20 pensation package for locally employed 

21 staff that is commensurate with their expe22 rience, technical skills, and responsibilities; 

23 and 


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1 (ii) the implications for providing av2 erage salary increases that are approxi3 mately 60 percent of prevailing practice; 

4 (C) provide recommendations on how to re5 cruit new, qualified staff; and 

6 (D) provide recommendations for separate 

7 data and a separate pay scale for highly skilled 

8 and trained professional positions. 

9 (2) COMPENSATION DATABASE.—Not later than 

10 180 days after the date of the enactment of this Act, 

11 the Secretary of State shall establish a comprehen12 sive database for salary and compensation informa13 tion for such staff, as recommended by the Office of 

14 Inspector General in a April 2009 report entitled 

15 ‘‘Review of Locally Employed Staff Compensation 

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

17 (3) PAY SCALES FOR LOCALLY EMPLOYED PRO18 FESSIONALS.—The review under paragraph (1)(A) 

19 shall include a summary of efforts to address pay 

20 scales for locally employed staff to ensure adequate 

21 compensation for professional level positions, such as 

22 medical officers, laboratory management, public 

23 health information technology positions, and other 

24 highly skilled positions. 


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1 (c) GUIDELINES.—Not later than 90 days after en2 actment of this Act, the Secretary of State shall consult 

3 with appropriate congressional committees on proposed 

4 guidelines for awards, pay scales, and compensation of 

5 overseas, locally employed staff of the Department of 

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

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

8 section, the term ‘‘locally employed staff’’ means employ9 ees compensated under local compensation plans estab10 lished under section 408 of the Foreign Service Act of 

11 1980 (22 U.S.C. 3968). 

12 SEC. 225. REPEAL OF RECERTIFICATION REQUIREMENT 

13 FOR SENIOR FOREIGN SERVICE. 

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

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

16 SEC. 226. FOREIGN RELATIONS EXCHANGE PROGRAMS. 

17 Title I of the State Department Basic Authorities Act 

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

19 at the end the following: 

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

21 ‘‘(a) IN GENERAL.—The Secretary may establish ex22 change programs under which officers or employees of the 

23 Department of State, including individuals appointed 

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

25 Foreign Service may be assigned, for a period not to exVerDate Mar 15 2010 22:58 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6401 E:\BILLS\S2971.RS S2971

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1 ceed 1 year, to a position with any foreign government 

2 or international entity that permits an employee to be as3 signed to a position with the Department of State. 

4 ‘‘(b) SALARY AND BENEFITS.— 

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

6 period in which a member of the Foreign Service is 

7 participating in an exchange program authorized 

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

9 to the salary and benefits to which such member 

10 would be entitled if such member were assigned to 

11 an agency, international organization, or other body 

12 under section 503 of the Foreign Service Act of 

13 1980 (22 U.S.C. 3983). 

14 ‘‘(2) DETAILEES.—An employee of the Depart15 ment of State (other than a member of the Foreign 

16 Service participating in an exchange program au17 thorized under subsection (a)) shall be treated in all 

18 respects as if detailed to an international organiza19 tion under section 3343(b) of title 5, United States 

20 Code. The salary of such employee shall be the high21 er of the salary that the employee would receive but 

22 for the assignment under this section or the salary 

23 of the position to which the employee is assigned. 

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

25 employee of a foreign government or international 


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1 entity participating in a program established under 

2 this section shall be paid by such government or en3 tity during the period in which such employee is par4 ticipating in the program, and shall not be reim5 bursed by the Department of State. 

6 ‘‘(c) NONRECIPROCAL ASSIGNMENTS.—The Sec7 retary may authorize a nonreciprocal assignment of per8 sonnel pursuant to this section, with or without reimburse9 ment from the foreign government or international entity 

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

11 during the assignment, if such assignment is in the inter12 ests of the United States. 

13 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec14 tion may be construed to authorize the appointment as 

15 an officer or employee of the United States of— 

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

17 country, government, or foreign or international en18 tity other than to the United States; or 

19 ‘‘(2) an individual who has not met the require20 ments of sections 3331, 3332, 3333, and 7311 of 

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

22 of law concerning eligibility for appointment, and 

23 continuation of employment, as an officer or em24 ployee of the United States.’’. 


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1 SEC. 227. ENHANCED PERSONNEL AUTHORITIES FOR THE 

2 INSPECTOR GENERAL OF THE DEPARTMENT 

3 OF STATE. 

4 (a) DEFINITIONS.—In this section: 

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

6 an individual who, based on the service of such indi7 vidual, is entitled to benefits under a retirement sys8 tem for Government employees. 

9 (2) GOVERNMENT EMPLOYEE.—The term 

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

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

12 United States Code. 

13 (3) INSPECTOR GENERAL.—The term ‘‘Inspec14 tor General’’ means the Inspector General of the De15 partment of State. 

16 (4) OFFICE.—The term ‘‘Office’’ means the Of17 fice of Inspector General of the Department of 

18 State. 

19 (b) PROVISIONS RELATING TO REEMPLOYED ANNU20 ITANTS.— 

21 (1) WAIVER AUTHORITY.—Subject to the condi22 tions set forth in paragraph (3), the Inspector Gen23 eral may waive the application of any provision of 

24 law set forth in paragraph (2) on behalf of any re25 employed annuitant serving in a position within the 

26 Office. 


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

2 forth in this paragraph are— 

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

4 8344 of title 5, United States Code; 

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

6 8468 of title 5, United States Code; 

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

8 824 of the Foreign Service Act of 1980 (22 

9 U.S.C. 4064); and 

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

11 identified by the Inspector General in regula12 tions. 

13 (3) CONDITIONS.—Waiver authority under this 

14 subsection may be exercised only— 

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

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

17 (i) is necessary due to— 

18 (I) difficulty in the recruitment 

19 or retention of a qualified employee 

20 for the position involved; or 

21 (II) a temporary emergency hir22 ing need; and 

23 (ii) does not cause the number of em24 ployees within the Office who are exempted 

25 from 1 or more of the provisions of law set 


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1 forth in paragraph (2) (whether pursuant 

2 to a waiver under this subsection or other3 wise) to exceed, as of any given date, 35 

4 percent of the total workforce of the Of5 fice, determined on a full-time equivalent 

6 basis. 

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

8 subsection may be construed to permit or require 

9 that any reemployed annuitant benefitting from a 

10 waiver of a provision of law set forth in paragraph 

11 (2) be treated as a Government employee for pur12 poses of the retirement system to which such provi13 sion relates. 

14 (c) PROVISIONS RELATING TO CONTRACTS FOR PER15 SONAL SERVICES.— 

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

17 contract with United States citizens for personal 

18 services to facilitate and support the Office’s over19 sight of programs and operations. Such citizens shall 

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

21 be Government employees for purposes of any law 

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

23 Personnel Management. 

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

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


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1 affect any determination as to whether an individual 

2 performing services pursuant to any contract under 

3 this subsection is a Government employee for pur4 poses of any law of the United States. The Secretary 

5 of State may determine the applicability, with re6 spect to any such individual, of any law adminis7 tered, in whole or in part, by the Secretary. 

8 (3) CONDITIONS.—The Inspector General may 

9 not enter into a personal services contract under this 

10 subsection unless— 

11 (A) in the judgment of the Inspector Gen12 eral, personnel resources of the Office would 

13 otherwise be insufficient; 

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

15 or less, unless the Inspector General determines 

16 that exceptional circumstances justify an exten17 sion of not longer than 1 additional year; and 

18 (C) not more than 20 percent of the work19 force of the Office, as of any given date, con20 sists of individuals serving under personal serv21 ices contracts (whether entered into under this 

22 subsection or otherwise), determined on a full23 time equivalent basis. 

24 (4) OTHER AUTHORITIES NOT AFFECTED.—The 

25 authority under this subsection is in addition to any 


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1 other authority available to the Inspector General to 

2 engage individuals under a personal services con3 tract. 

4 (d) REPORT.—In the Office of the Inspector Gen5 eral’s semiannual report to Congress, the Inspector Gen6 eral shall include information on the usage and rationale 

7 related to annuitants hired under this section. 

8 SEC. 228. PERSONAL SERVICES CONTRACTORS. 

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

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

11 a pilot program (referred to in this section as the ‘‘Pro12 gram’’) to respond to new or emerging needs or to aug13 ment existing services by contracting with United States 

14 nationals and aliens lawfully admitted for permanent resi15 dence to provide personal services in the United States 

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

17 (b) CONDITIONS.—The Program authorized under 

18 subsection (a) may be established if— 

19 (1) the Secretary determines that existing per20 sonnel resources are insufficient; 

21 (2) the length of each contract, including op22 tions, is not greater than 2 years, unless the Sec23 retary determines that exceptional circumstances 

24 justify an extension of up to 1 additional year; 


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

2 any time as personal services contractors under this 

3 section; and 

4 (4) the Program is only used to obtain special5 ized skills or experience or to respond to urgent 

6 needs. 

7 (c) STATUS OF PERSONAL SERVICE CONTRAC8 TORS.— 

9 (1) OFFICE OF PERSONNEL MANAGEMENT.—An 

10 individual entering into a personal services contract 

11 under the Program shall not, by virtue of such hir12 ing, be considered to be an employee of the United 

13 States Government for purposes of any law adminis14 tered by the Office of Personnel Management. The 

15 Secretary may determine the applicability to such in16 dividuals of section 2(f) of the State Department 

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

18 any other law administered by the Secretary con19 cerning the employment of such individuals. 

20 (2) FEDERAL EMPLOYMENT STATUS.—Except 

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

22 affect the determination as to whether an individual 

23 entering into a personal services contract under the 

24 Program is an employee of the United States Gov25 ernment for purposes of any Federal law. 


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1 (d) TERMINATION OF AUTHORITY.— 

2 (1) IN GENERAL.—The authority to award per3 sonal services contracts under the Program shall ter4 minate on September 30, 2014. 

5 (2) EFFECT ON EXISTING CONTRACTS.—Any 

6 contract entered into before the termination date set 

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

8 the expiration date set forth in such contract. 

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

10 1980. 

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

12 U.S.C. 3929) is amended— 

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

14 and 

15 (2) in subsection (d)(2)— 

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

17 at the end; 

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

19 and’’ and inserting a period; and 

20 (C) by striking subparagraph (F). 


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1 TITLE III—INTERNATIONAL 

2 ORGANIZATIONS 

3 SEC. 301. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

4 ORGANIZATIONS. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the Secretary should— 

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

8 to appropriately staff United States missions both 

9 within the United States and abroad that are dedi10 cated to representing the United States to inter11 national organizations and multilateral institutions, 

12 including missions in New York, Brussels, Geneva, 

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

14 (2) develop persons with specialized skills nec15 essary to become experts in multilateral diplomacy 

16 given the large number of positions in the United 

17 States and abroad that are dedicated to this spe18 cialty; and 

19 (3) consider as a factor for promotions whether 

20 a member of the Foreign Service has served in a po21 sition whose primary responsibility is to formulate 

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

23 international organization, a multilateral institution, 

24 or a broad-based multilateral negotiation of an inter25 national instrument. 


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1 SEC. 302. SYNCHRONIZATION OF UNITED STATES CON2 TRIBUTIONS TO INTERNATIONAL ORGANIZA3 TIONS. 

4 In accordance with section 404 of the Foreign Rela5 tions Authorization Act of 2003 (Public Law 107–228; 

6 116 Stat. 1389), there are authorized to be appropriated 

7 such sums as may be necessary for the synchronization 

8 of United States contributions to international organiza9 tions. 

10 SEC. 303. PEACEKEEPING CONTRIBUTIONS. 

11 Section 404(b)(2)(B) of the Foreign Relations Au12 thorization Act, Fiscal Years 1994 and 1995 (Public Law 

13 103–236; 22 U.S.C. 287e note) is amended by adding at 

14 the end the following: 

15 ‘‘(vi) For assessments made during 

16 calendar year 2010 and thereafter, 27.5 

17 percent.’’. 

18 SEC. 304. BUYING POWER MAINTENANCE, INTERNATIONAL 

19 ORGANIZATIONS. 

20 Title I of the State Department Basic Authorities Act 

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

22 328, is further amended by adding at the end the fol23 lowing: 


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

2 ORGANIZATIONS. 

3 ‘‘(a) ESTABLISHMENT OF ACCOUNT.—There is estab4 lished in the Treasury of the United States the ‘Buying 

5 Power Maintenance, International Organizations account’ 

6 (referred to in this section as the ‘account’) to offset fluc7 tuations in foreign currency exchange rates that adversely 

8 affect United States contributions to international organi9 zations. 

10 ‘‘(b) AUTHORITY TO TRANSFER AMOUNTS TO AC11 COUNT.—The Secretary of State may transfer to, and 

12 merge with, the account such amounts appropriated or 

13 otherwise made available for the Contributions to Inter14 national Organizations account as the Secretary deter15 mines are beyond the needs of activities funded from that 

16 account because of fluctuations in foreign currency ex17 change rates. 

18 ‘‘(c) AUTHORITY TO TRANSFER AMOUNTS FROM AC19 COUNT.—In order to offset adverse fluctuations in foreign 

20 currency exchange rates, the Secretary of State may 

21 transfer to, and merge with, the Contributions to Inter22 national Organizations account such amounts from the ac23 count as the Secretary determines are necessary to provide 

24 for the activities funded under that account. 

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


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

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

3 the fifth fiscal year after the fiscal year for which 

4 amounts are appropriated or otherwise made avail5 able for the Contributions to International Organiza6 tions account, the Secretary of State may transfer 

7 any unobligated balance of such amounts to the ac8 count. 

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

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

11 amounts transferred under this subsection. 

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

13 this subsection— 

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

15 of funds under section 34; and 

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

17 or expenditure in accordance with the proce18 dures established under such section. 

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

20 may only be exercised with respect to amounts ap21 propriated or otherwise made available after Sep22 tember 30, 2009. 

23 ‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts trans24 ferred to the account under this section shall remain avail25 able until expended. 


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

2 authority to transfer amounts under this section is in ad3 dition to transfer authority otherwise available to the Sec4 retary of State under any other provision of law.’’. 

5 SEC. 305. UNITED STATES PARTICIPATION IN THE INTER6 PARLIAMENTARY UNION. 

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

8 the Foreign Affairs Reform and Restructuring Act of 

9 1998 (division G of Public Law 105–277; 22 U.S.C. 276 

10 note), the Secretary of State is authorized— 

11 (1) to facilitate the readmission and participa12 tion of the United States in the Inter-Parliamentary 

13 Union; and 

14 (2) to pay expenses to meet the annual obliga15 tions of membership in the Inter-Parliamentary 

16 Union, in accordance with the assessments deter17 mined by the Governing Council. 

18 (b) REPRESENTATION.—Notwithstanding section 

19 2503 of the Foreign Affairs Reform and Restructuring 

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

21 276 note), the majority leader of the Senate, in consulta22 tion with the minority leader of the Senate, and the Speak23 er of the House of Representatives, in consultation with 

24 the minority leader of the House of Representatives, are 

25 authorized to designate Members of Congress to serve as 


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1 delegates to the Assembly of the Inter-Parliamentary 

2 Union. 

3 SEC. 306. PROVISION OF LIVING QUARTERS AND ALLOW4 ANCES TO THE UNITED STATES REPRESENT5 ATIVES TO THE UNITED NATIONS. 

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

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

8 ‘‘30’’ and inserting ‘‘35’’. 

9 TITLE IV—MISCELLANEOUS 

10 PROVISIONS 

11 SEC. 401. LIMITATION ON ASSISTANCE TO GOVERNMENTS 

12 OF COUNTRIES IN DEFAULT. 

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

14 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 

15 2370(q)) is amended— 

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

17 ‘‘the government of any country’’; 

18 (2) by striking ‘‘such country’’ each place it ap19 pears and inserting ‘‘such government’’; and 

20 (3) by striking ‘‘six calendar months’’ and in21 serting ‘‘1 year’’. 

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

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

24 amended— 


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

2 and 

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

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

5 OF COUNTRIES IN DEFAULT. 

6 ‘‘No assistance may be furnished under section 23 

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

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

9 the United States of principal or interest on any loan 

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

11 unless— 

12 ‘‘(1) such government meets its obligations 

13 under the loan; or 

14 ‘‘(2) the President— 

15 ‘‘(A) determines that assistance to such 

16 country is in the national interest of the United 

17 States; and 

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

19 Representatives and the Committee on Foreign 

20 Relations of the Senate of such determina21 tion.’’. 

22 SEC. 402. INCREASED AUTHORITY TO PROVIDE ASSIST23 ANCE FOR LAW ENFORCEMENT FORCES. 

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

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


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1 (1) in subsection (b)— 

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

3 the end; 

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

5 the provision of professional’’ and all that fol6 lows through the semicolon at the end and in7 serting ‘‘, including any regional, district, mu8 nicipal, or other subnational entity emerging 

9 from instability;’’; 

10 (C) in paragraph (7), by striking the pe11 riod at the end and inserting a semicolon; and 

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

13 ‘‘(8) with respect to the provision of profes14 sional training, including training in internationally 

15 recognized standards of human rights and the rule 

16 of law; 

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

18 police roles that support democratic governance and 

19 foster improved police-community relations; 

20 ‘‘(10) with respect to assistance to combat traf21 ficking in persons, address sexual and gender-based 

22 violence, reduce corruption, prevent conflict, and re23 spond to disasters; 

24 ‘‘(11) with respect to assistance to address in25 humane conditions in prisons and other detention faVerDate Mar 15 2010 22:58 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6401 E:\BILLS\S2971.RS S2971

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1 cilities administered by foreign governments that are 

2 making efforts to address the health, sanitation, nu3 trition, and other basic needs of prisoners; 

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

5 prisoners for humanitarian or development purposes; 

6 or 

7 ‘‘(13) with respect to assistance to support hu8 manitarian operations and activities.’’; and 

9 (2) by amending subsection (d) to read as fol10 lows: 

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

12 otherwise prohibited under subsection (a) may be provided 

13 to a country if the Secretary determines and certifies to 

14 the Committee on Foreign Relations of the Senate and 

15 the Committee on Foreign Affairs of the House of Rep16 resentatives that such assistance is in the national interest 

17 of the United States.’’. 

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

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

20 amended— 

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

22 in Latin America and the Caribbean’’; 

23 (2) in subsection (b)(3)— 

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

25 ‘‘and’’ at the end; 


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

2 ‘‘and’’ after the semicolon; and 

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

4 ‘‘(E) programs to enhance the protection 

5 of participants in judicial cases;’’; 

6 (3) by striking subsection (c); 

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

8 third sentences; and 

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

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

11 SEC. 403. BUILDING PUBLIC AWARENESS AND DIALOGUE. 

12 Section 122 of the Foreign Assistance Act of 1961 

13 (22 U.S.C. 2151t) is amended by inserting at the end the 

14 following: 

15 ‘‘(f)(1) The Administrator of the United States Agen16 cy for International Development is authorized— 

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

18 States to further dialogue and understanding of de19 velopment, humanitarian assistance, and foreign as20 sistance programs; and 

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

22 analysis, and review of the issues addressed in the 

23 final report of the Helping to Enhance the Liveli24 hood of People Around the Globe Commission 

25 (HELP Commission), issued in December 2007, 


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1 with special regard to the HELP Commission’s call 

2 to encourage Executive agencies to more fully ex3 plain United States development activities to the 

4 American people in order to raise the American peo5 ple’s understanding about and support for foreign 

6 assistance. 

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

8 available each fiscal year for the purposes of this chapter 

9 may be used to ensure effective engagement with the 

10 American people in understanding and promoting public 

11 understanding of development, humanitarian assistance, 

12 and foreign assistance programs, in addition to funds oth13 erwise available for such purposes.’’. 

14 SEC. 404. EXCEPTION TO CERTAIN MULTIPLE AWARD CON15 TRACT REQUIREMENTS. 

16 Chapter 1 of part III of the Foreign Assistance Act 

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

18 by adding at the end the following new section: 

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

20 AWARD CONTRACT REQUIREMENTS. 

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

22 indefinite delivery or indefinite quality contract, the Ad23 ministrator of the United States Agency for International 

24 Development may provide an exception to the fair oppor25 tunity process for placing task orders under such contracts 


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

2 small disadvantaged business.’’. 

3 SEC. 405. MILLENNIUM CHALLENGE ASSISTANCE. 

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

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

6 is amended to read as follows: 

7 ‘‘(j) EXTENSION OF COMPACT.— 

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

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

10 exceed 5 years. 

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

12 may be extended beyond 5 years if the Board— 

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

14 the Compact cannot be completed in 5 years or 

15 less; and 

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

17 that does not extend the total duration of the 

18 Compact beyond 7 years. 

19 ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not 

20 later than 15 days before the date on which the 

21 Board approves the extension of a Compact beyond 

22 5 years pursuant to paragraph (2), the Board, act23 ing through the Chief Executive Officer, shall— 

24 ‘‘(A) notify the Committee on Foreign Re25 lations of the Senate and the Committee on 


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1 Foreign Affairs of the House of Representatives 

2 of its intent to approve such extension; and 

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

4 subparagraph (A) with a detailed explanation 

5 for the determination and approval described in 

6 paragraph (2).’’. 

7 (b) CONCURRENT AND SUBSEQUENT COMPACTS.— 

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

9 to read as follows: 

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

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

12 and in accordance with the requirements of this 

13 title, an eligible country and the United States— 

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

15 more than 1 Compact, but not more than 3 

16 Compacts, at any given time; and 

17 ‘‘(B) may enter into subsequent Compacts 

18 after the expiration of existing Compacts. 

19 ‘‘(2) REQUIREMENTS.— 

20 ‘‘(A) CONCURRENT COMPACTS.—An eligi21 ble country and the United States may not 

22 enter into a concurrent Compact unless the 

23 Board determines that such country is making 

24 considerable and demonstrable progress in im25 plementing the terms of its existing Compact 


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1 and supplementary agreements to such Com2 pact. 

3 ‘‘(B) SUBSEQUENT COMPACTS.—An eligi4 ble country and the United States may not 

5 enter into a subsequent Compact unless the 

6 Board determines that— 

7 ‘‘(i) such country has substantially 

8 met the objectives of prior Compacts be9 tween the country and the United States 

10 and supplementary agreements to such 

11 Compacts; or 

12 ‘‘(ii) the country has demonstrated 

13 sufficient capacity to perform successfully 

14 on the subsequent Compact.’’. 

15 (c) APPLICABILITY.—The amendments made by sub16 sections (a) and (b) shall apply with respect to Compacts 

17 entered into between the United States and an eligible 

18 country under the Millennium Challenge Act of 2003 (22 

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

20 enactment of this Act. 

21 (d) MAINTAINING CANDIDATE STATUS FOR PUR22 POSES OF INCOME CATEGORY.—Section 606 of the Mil23 lennium Challenge Act of 2003 (22 U.S.C. 7705) is 

24 amended by adding at the end the following: 


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1 ‘‘(d) MAINTAINING CANDIDATE STATUS.—A can2 didate country transitioning out of 1 of the income cat3 egories identified in subsections (a) and (b) shall be al4 lowed to retain its candidacy at the lower income category 

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

6 year.’’. 

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

8 THE INSPECTOR GENERAL FOR THE UNITED 

9 STATES AGENCY FOR INTERNATIONAL DE10 VELOPMENT. 

11 (a) REEMPLOYMENT OF ANNUITANTS.—To facilitate 

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

13 and Afghanistan, or to positions vacated by members of 

14 the Foreign Service assigned to Iraq, Pakistan, and Af15 ghanistan, the Inspector General of the United States 

16 Agency for International Development may waive the ap17 plication of the provisions of section 8344 or 8468 of title 

18 5, United States Code, on a case-by-case basis, for employ19 ment of an annuitant in a position in the Office of Inspec20 tor General for which there is— 

21 (1) difficulty in recruiting or retaining a quali22 fied employee; or 

23 (2) a temporary emergency hiring need. 

24 (b) SUNSET.— 


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

2 October 1, 2011. 

3 (2) EFFECT OF REPEAL.—An annuitant reem4 ployed pursuant to the waiver under subsection (a) 

5 before October 1, 2011 may continue such employ6 ment until not later than September 30, 2012. 

7 (c) NOT CONSIDERED EMPLOYEES.—An employee 

8 reemployed pursuant to the waiver under subsection (a) 

9 shall not be considered an employee for purposes of sub10 chapter III of chapter 83 of title 5, United States Code, 

11 or chapter 84 of such title. 

12 SEC. 407. PROHIBITIONS ON FOREIGN ASSISTANCE FOR 

13 THE PRODUCTION OF CERTAIN AGRICUL14 TURAL COMMODITIES. 

15 Section 620 of the Foreign Assistance Act of 1961 

16 (22 U.S.C. 2370) is amended by inserting after subsection 

17 (l) the following new subsection: 

18 ‘‘(m) PROHIBITIONS ON ASSISTANCE FOR THE PRO19 DUCTION OF AGRICULTURAL COMMODITIES AVAILABLE

20 IN SURPLUS QUANTITIES.—(1) No assistance shall be fur21 nished under chapter 1 of part I of this Act to a country 

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

23 to produce an agricultural commodity if the President de24 termines that— 


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

2 available in surplus quantities on the world market 

3 when the building or expansion of such capacity is 

4 complete; and 

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

6 the agricultural commodity by producers in that 

7 country would cause substantial injury to producers 

8 in the United States that produce that agricultural 

9 commodity or a similar or competing agricultural 

10 commodity. 

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

12 assistance to a country that— 

13 ‘‘(A)(i) is eligible for assistance from the Inter14 national Development Association; 

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

16 International Bank for Reconstruction and Develop17 ment; and 

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

19 agricultural commodity with respect to which assist20 ance is furnished; or 

21 ‘‘(B) the President determines is recovering 

22 from widespread conflict, a humanitarian crisis, or a 

23 complex emergency. 

24 ‘‘(n) RESTRICTION ON ASSISTANCE FOR THE PRO25 DUCTION AND EXPORTATION OF CERTAIN AGRICULTURAL


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

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

3 out any testing, breeding feasibility studies, variety im4 provement efforts, introduction efforts, consulting, publi5 cations, conferences, or training with respect to the pro6 duction of an agricultural commodity in that country if 

7 the President determines that— 

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

9 produced to be exported from that country; and 

10 ‘‘(B) the exportation of the agricultural com11 modity from that country will result in increased 

12 competition for that agricultural commodity, or a 

13 similar or competing agricultural commodity, pro14 duced in the United States. 

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

16 assistance furnished— 

17 ‘‘(A) to a developing country to carry out an ac18 tivity involving the production of an agricultural 

19 commodity that is designed to increase food security 

20 in that country if the President determines that the 

21 activity will not have a significant impact on the ex22 portation of that agricultural commodity from the 

23 United States; or 

24 ‘‘(B) to a country that— 


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

2 International Development Association; 

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

4 International Bank for Reconstruction and De5 velopment; and 

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

7 the agricultural commodity with respect to 

8 which assistance is furnished; or 

9 ‘‘(ii) the President determines is recovering 

10 from widespread conflict, a humanitarian crisis, 

11 or a complex emergency.’’. 

12 TITLE V—AUTHORIZATION OF 

13 APPROPRIATIONS 

14 SEC. 501. AUTHORIZATION OF APPROPRIATIONS. 

15 There are authorized to be appropriated for each of 

16 the fiscal years 2010 and 2011 such sums as may be nec17 essary to carry out this Act. 

18 SECTION 1. SHORT TITLE. 

19 This Act may be cited as the ‘‘Foreign Relations Au20 thorization Act, Fiscal Years 2010 and 2011’’. 

21 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Definitions. 


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TITLE I—DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES 

Subtitle A—General Matters 

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. 

Sec. 115. Annual report on international religious freedom. 

Sec. 116. Assistant Secretary for International Information Programs. 

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

Subtitle B—Public Diplomacy 

Sec. 121. Public diplomacy resource centers. 

Sec. 122. Employment of noncitizens for international broadcasting. 

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

Sec. 124. Radio Free Asia. 

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

Governors. 

Sec. 126. 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. 

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

State. 

Sec. 131. Broadcasting Board of Governors. 

Sec. 132. Statement of policy regarding citizen diplomacy. 

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

Sec. 134. Sense of Congress on international broadcasting in Iran. 

Subtitle C—Consular Services and Related Matters 

Sec. 141. Reforming refugee processing. 

Sec. 142. Definition of ‘‘use’’ in passport and visa offenses. 

Sec. 143. Visa ineligibility for international child abduction. 

Sec. 144. Vaccination waiver for adopted children. 

Sec. 145. Signed photograph requirement for visa applications. 

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

Sec. 147. Sibling adoptions. 


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

Sec. 149. Videoconference interviews. 

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. 

Sec. 203. Mass atrocities. 

Sec. 204. Crisis response. 

Subtitle B—Foreign Services Overseas Pay Equity 

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. 

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

Sec. 231. Home leave. 

Sec. 232. Training support services. 

Sec. 233. Employment of minorities and women. 

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. 

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

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

Agency. 

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. 


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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. 

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

Sec. 409. Sense of Congress regarding Central Asia. 

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

Sec. 411. Global Health Initiative. 

Sec. 412. Discrimination related to sexual orientation. 

TITLE V—PEACE CORPS IMPROVEMENT AND EXPANSION 

Sec. 501. Short title. 

Sec. 502. Findings. 

Sec. 503. Assessment and strategic plan for improving and expanding Peace 

Corps. 

Sec. 504. Sense of Congress on number of Presidential appointments under Peace 

Corps Act. 

TITLE VI—AUTHORIZATION OF APPROPRIATIONS 

Subtitle A—Department of State 

Sec. 601. Administration of foreign affairs. 

Sec. 602. International organizations and conferences. 

Sec. 603. International commissions. 

Sec. 604. Migration and refugee assistance. 

Sec. 605. Centers and foundations. 

Subtitle B—United States International Broadcasting Activities 

Sec. 611. Authorization of appropriations. 

Subtitle C—Peace Corps 

Sec. 621. Authorization of appropriations. 

1 SEC. 3. DEFINITIONS. 

2 In this Act: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—The term ‘‘appropriate congressional commit5 tees’’ means the Committee on Foreign Relations of 

6 the Senate and the Committee on Foreign Affairs of 

7 the House of Representatives. 

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

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


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1 TITLE I—DEPARTMENT OF 

2 STATE AUTHORITIES AND AC3 TIVITIES 

4 Subtitle A—General Matters 

5 SEC. 101. INTERNATIONAL LITIGATION FUND. 

6 Section 38(d)(3) of the State Department Basic Au7 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended by 

8 striking ‘‘from another agency of the United States Govern9 ment’’ and inserting ‘‘as a result of a decision of an inter10 national tribunal, from another agency of the United States 

11 Government,’’. 

12 SEC. 102. ACTUARIAL VALUATIONS. 

13 (a) AUTHORITY OF SECRETARY OF STATE TO MAKE

14 ACTUARIAL VALUATIONS.—Section 818 of the Foreign Serv15 ice Act of 1980 (22 U.S.C. 4058) is amended— 

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

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

18 and 

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

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

21 sums as may be necessary to administer the provi22 sions of this chapter, including actuarial advice, but 

23 only to the extent and in such amounts as are pro24 vided in advance in appropriations acts.’’. 


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1 (b) AUTHORITY OF SECRETARY OF STATE TO DETER2 MINE PORTION OF FOREIGN SERVICE RETIREMENT AND

3 DISABILITY FUND AVAILABLE FOR INVESTMENT.—Section 

4 819 of such Act (22 U.S.C. 4059) is amended by striking 

5 ‘‘Secretary of the Treasury’’ the second place it appears and 

6 inserting ‘‘Secretary of State’’. 

7 (c) AUTHORITY OF SECRETARY OF STATE TO PRE8 SCRIBE MORTALITY TABLES.—Section 825(b) of such Act 

9 (22 U.S.C. 4065(b)) is amended— 

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

11 and inserting ‘‘paragraph (2), (3), or (4) of sub12 section (a)’’; and 

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

14 inserting ‘‘Secretary of State’’. 

15 (d) AUTHORITY OF SECRETARY OF STATE TO MAKE

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

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

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

19 inserting ‘‘Secretary of State’’; and 

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

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

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

23 amounts necessary to finance the costs of the System.’’ 

24 and inserting the following: ‘‘that will provide— 

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


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

2 and 

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

4 of the System.’’. 

5 SEC. 103. SPECIAL AGENTS. 

6 Section 37 of the State Department Basic Authorities 

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

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

9 (1) to read as follows: 

10 ‘‘(1) conduct investigations concerning— 

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

12 use; 

13 ‘‘(B) identity theft or document fraud af14 fecting, or relating to, the programs, functions, 

15 or authorities of the Department of State; and 

16 ‘‘(C) Federal offenses committed within the 

17 special maritime and territorial jurisdiction of 

18 the United States (as such term is defined in sec19 tion 7(9) of title 18, United States Code), except 

20 as that jurisdiction relates to the premises of 

21 United States military installations and related 

22 residences;’’; and 

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


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1 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in subsection 

2 (a)(1) may be construed to limit the investigative authority 

3 of any other Federal department or agency.’’. 

4 SEC. 104. ACCOUNTABILITY REVIEW BOARDS. 

5 Section 301(a)(3) of the Omnibus Diplomatic Security 

6 and Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is 

7 amended— 

8 (1) in the paragraph heading, by striking ‘‘AF9 GHANISTAN AND’’ and inserting ‘‘AFGHANISTAN, PAKI10 STAN, AND’’; and 

11 (2) in subparagraph (A)— 

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

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

14 and 

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

16 inserting ‘‘2012’’. 

17 SEC. 105. SECURITY ENHANCEMENTS FOR SOFT TARGETS. 

18 Section 29 of the State Department Basic Authorities 

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

20 ‘‘physical security enhancements and’’ after ‘‘Such assist21 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 protect 

14 the property and persons in that area. 

15 ‘‘(b) POWERS OF GUARDS.—While engaged in the per16 formance of official duties as a uniformed guard under sub17 section (a), a guard may— 

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

19 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 

25 of the United States if the guard has reasonable 

26 grounds to believe that the person to be arrested 


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1 has committed, or is committing, such felony in 

2 connection with the buildings, areas, or persons, 

3 for which the Department of State is providing 

4 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 of 

11 State provides protective services, including reason12 able penalties for violations of such regulations, with13 in the limits prescribed in subsection (d). 

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

15 under paragraph (1) shall be posted in a conspicuous 

16 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 ex23 ercised in accordance with guidelines approved by the At24 torney General. 


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1 ‘‘(f) RELATIONSHIP TO OTHER AUTHORITY.—Nothing 

2 in this section may be construed to affect the authority of 

3 the Secretary of Homeland Security, the Administrator of 

4 General Services, or any Federal law enforcement agency.’’. 

5 SEC. 107. LOCAL GUARD CONTRACTS ABROAD UNDER DIP6 LOMATIC SECURITY PROGRAM. 

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

8 Relations Authorization Act, Fiscal Years 1990 and 1991 

9 (22 U.S.C. 4864(c)(3)) is amended to read as follows: 

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

11 award contracts to technically acceptable firms offer12 ing the lowest evaluated price, except that— 

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

14 the basis of best value (as determined by a cost15 technical tradeoff analysis); and 

16 ‘‘(B) proposals received from United States 

17 persons and qualified United States joint ven18 ture persons shall be evaluated by reducing the 

19 bid price by 10 percent;’’. 

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

21 the enactment of this Act, the Secretary shall submit a re22 port to Congress that describes the implementation of sec23 tion 136(c)(3) of the Foreign Relations Authorization Act, 

24 Fiscal Years 1990 and 1991, as amended by subsection (a). 


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1 SEC. 108. OVERSEAS PROCUREMENT FLEXIBILITY. 

2 Section 3 of the State Department Basic Authorities 

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

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

5 end; 

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

7 the end and inserting ‘‘; and’’; and 

8 (3) adding at the end the following: 

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

10 outside the United States of goods or services needed for the 

11 operation of United States diplomatic and consular posts 

12 and related facilities outside the United States, provided 

13 that— 

14 ‘‘(1) laws of the United States relating to the ne15 gotiation, making, contents, or performance of govern16 ment contracts for goods or services, and advance 

17 payments and indemnification in relation to such 

18 contracts shall apply with respect to such contracts 

19 except to the extent that the Secretary determines 

20 (other than for section 27 of the Office of Federal Pro21 curement Policy Act (41 U.S.C. 423)) that the Sec22 retary could not reasonably meet the need of a post 

23 or facility for such goods and services by use of au24 thority available to the Secretary under a law other 

25 than this subsection; 

26 ‘‘(2) the Secretary shall— 


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

2 authority; and 

3 ‘‘(B) require written approval to waive spe4 cific laws or procurement regulations under this 

5 authority by the Procurement Executive (without 

6 further delegation); and 

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

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

9 approved in writing by the Chief Acquisition Officer 

10 of the Department of State (without further delega11 tion).’’. 

12 SEC. 109. RENAMING OF BUREAU OF OCEANS AND INTER13 NATIONAL ENVIRONMENTAL AND SCIENTIFIC 

14 AFFAIRS. 

15 (a) DEPARTMENT OF STATE APPROPRIATIONS AU16 THORIZATION ACT OF 1973.—Section 9(a) of the Depart17 ment of State Appropriations Authorization Act of 1973 

18 (22 U.S.C. 2655a) is amended by striking ‘‘Oceans and 

19 International Environmental and Scientific Affairs’’ each 

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

21 Science’’. 

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

23 607(d) of the Foreign Assistance Act of 1961 (22 U.S.C. 

24 2357(d)) is amended by striking ‘‘Oceans and International 


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1 Environmental and Scientific Affairs’’ and inserting 

2 ‘‘Oceans, Environment, and Science’’. 

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

4 Act (42 U.S.C. 7671p(a)) is amended by striking ‘‘Oceans 

5 and International Environmental and Scientific Affairs’’ 

6 and inserting ‘‘Oceans, Environment, and Science’’. 

7 SEC. 110. EXTENSION OF PERIOD FOR REIMBURSEMENT 

8 FOR SEIZED COMMERCIAL FISHERMEN. 

9 Section 7(e) of the Fishermen’s Protective Act of 1967 

10 (22 U.S.C. 1977(e)) is amended by striking ‘‘2008’’ and in11 serting ‘‘2013’’. 

12 SEC. 111. AUTHORITY TO ISSUE ADMINISTRATIVE SUB13 POENAS. 

14 Section 3486 of title 18, United States Code, is amend15 ed— 

16 (1) in subsection (a)— 

17 (A) paragraph (1)(A)— 

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

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

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

21 at the end; 

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

23 comma at the end and inserting a semi24 colon; and 


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

2 following: 

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

4 a threat against a person, foreign mission 

5 or organization authorized to receive protec6 tion by special agents of the Department of 

7 State and the Foreign Service under section 

8 37(a)(3) of the State Department Basic Au9 thorities Act of 1956 (22 U.S.C. 2709(a)(3)) 

10 if the Assistant Secretary for Diplomatic 

11 Security or the Director of the Diplomatic 

12 Security Service determines that the threat 

13 constituting the offense or threat against the 

14 person or place protected is imminent, the 

15 Secretary of State; or 

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

17 Secretary of State,’’; 

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

19 follows: 

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

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

22 as possible, but in no event less than 24 hours after service 

23 of the subpoena.’’; and 

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


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1 ‘‘(11) As soon as practicable following the issuance of 

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

3 State shall notify the Attorney General of such issuance.’’; 

4 and 

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

6 following: ‘‘This subsection shall only apply to ad7 ministrative subpoenas issued under subsection 

8 (a)(1)(A)(i).’’. 

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

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

11 amended by inserting ‘‘the Deputy Secretary of State, the 

12 Deputy Secretary of State for Management and Resources,’’ 

13 before ‘‘principal diplomatic’’. 

14 SEC. 113. TECHNICAL AMENDMENT TO FEDERAL WORK15 FORCE FLEXIBILITY ACT. 

16 Chapter 57 of title 5, United States Code, is amend17 ed— 

18 (1) in section 5753(a)(2)(A), by inserting ‘‘, ex19 cluding members of the Foreign Service other than 

20 chiefs of mission, ambassadors at large, and other 

21 members of the Foreign Service subject to examina22 tions under section 302(b) of the Foreign Service Act 

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

24 the end; and 


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1 (2) in section 5754(a)(2)(A), by inserting ‘‘, ex2 cluding members of the Foreign Service other chiefs of 

3 mission, ambassadors at large, and other members of 

4 the Foreign Service subject to examinations under sec5 tion 302(b) of the Foreign Service Act of 1980 (22 

6 U.S.C. 3941(b))’’ before the semicolon at the end. 

7 SEC. 114. EMERGENCY REFUGEE AND MIGRATION ASSIST8 ANCE ACCOUNT. 

9 Section 2(c)(2) of the Migration and Refugee Assist10 ance Act of 1962 (22 U.S.C. 2601(c)(2)) is amended by 

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

12 SEC. 115. ANNUAL REPORT ON INTERNATIONAL RELIGIOUS 

13 FREEDOM. 

14 Section 102(b)(1) of the International Religious Free15 dom Act of 1998 (22 U.S.C. 6412(b)(1)) is amended by 

16 striking ‘‘September 1’’ and inserting ‘‘April 1’’. 

17 SEC. 116. ASSISTANT SECRETARY FOR INTERNATIONAL IN18 FORMATION PROGRAMS. 

19 Section 1(c) of the State Department Basic Authorities 

20 Act of 1956 (22 U.S.C. 2651a(c)) is amended— 

21 (1) in paragraph (1), by striking ‘‘24’’ and in22 serting ‘‘25’’; 

23 (2) by redesignating paragraph (3) as para24 graph (4); and 


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1 (3) by inserting after paragraph (2) the fol2 lowing: 

3 ‘‘(3) ASSISTANT SECRETARY FOR INTERNATIONAL

4 INFORMATION PROGRAMS.—There shall be in the De5 partment of State an Assistant Secretary for Inter6 national Information Programs, who— 

7 ‘‘(A) shall oversee the Bureau of Inter8 national Information Programs; and 

9 ‘‘(B) shall be responsible to the Secretary of 

10 State for matters pertaining to the engagement 

11 of international audiences on issues of United 

12 States policy, society, and values to help create 

13 an environment that is receptive to the interests 

14 of the United States.’’. 

15 SEC. 117. REIMBURSEMENT FOR USE OF GOVERNMENT VE16 HICLES OVERSEAS. 

17 Section 28 of the State Department Basic Authorities 

18 Act of 1956 (22 U.S.C. 2700) is amended— 

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

20 and 

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

22 ‘‘(b) Funds received by the Department of State in con23 nection with the use of vehicles owned or leased by the Gov24 ernment under subsection (a)— 


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1 ‘‘(1) may be credited to the appropriate account 

2 of the Department of State; and 

3 ‘‘(2) if so credited, shall be available only for ex4 penses related to the purchase, lease, maintenance, or 

5 operation of such vehicles.’’. 

6 Subtitle B—Public Diplomacy 

7 SEC. 121. PUBLIC DIPLOMACY RESOURCE CENTERS. 

8 (a) FINDINGS.—Congress finds that— 

9 (1) of the 177 information resource centers oper10 ated by the Department of State as of February 

11 2009— 

12 (A) 87 (49 percent) operated on a ‘‘by ap13 pointment only’’ basis; and 

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

15 public access; 

16 (2) information resource centers located outside 

17 United States embassy compounds receive signifi18 cantly more visitors than the centers located inside 

19 such compounds, including— 

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

21 (B) 6 times more visitors in the Middle 

22 East; and 

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


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1 (3) Iran has increased the number of similar 

2 Iranian facilities, known as Iranian Cultural Cen3 ters, to about 60 throughout the world. 

4 (b) SENSE OF CONGRESS.—It is the sense of the Con5 gress that— 

6 (1) the Secretary of State should initiate a reex7 amination of the public diplomacy platform strategy 

8 of the United States with a goal of reestablishing pub9 licly accessible American Centers; 

10 (2) after taking into account relevant security 

11 considerations, the Secretary of State should consider 

12 placing United States public diplomacy facilities at 

13 locations conducive to maximizing their use, con14 sistent with the authority given to the Secretary 

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

16 Construction and Counterterrorism Act of 1999 (22 

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

18 of that Act. 

19 SEC. 122. EMPLOYMENT OF NONCITIZENS FOR INTER20 NATIONAL BROADCASTING. 

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

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

23 amended by striking ‘‘suitably qualified United States citi24 zens’’ and inserting ‘‘United States citizens applicants who 


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1 are equally or better qualified than non-United States cit2 izen applicants’’. 

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

4 PARITY. 

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

6 Broadcasting Act of 1994 (22 U.S.C. 6207(h)(1)) is amend7 ed— 

8 (1) in subparagraph (A)— 

9 (A) by striking ‘‘or (C)’’; and 

10 (B) by inserting ‘‘(or level II of the Execu11 tive Schedule under section 5313 of such title, if 

12 the Board certifies that the employees are covered 

13 by a performance appraisal system meeting the 

14 certification criteria under section 5307(d) of 

15 such title)’’ before the period at the end; and 

16 (2) by striking subparagraph (C). 

17 SEC. 124. RADIO FREE ASIA. 

18 Section 309 of the United States International Broad19 casting Act of 1994 (22 U.S.C. 6208) is amended— 

20 (1) in subsection (c)(2), by striking ‘‘ ‘, and shall 

21 further specify that funds to carry out the activities 

22 of Radio Free Asia may not be available after Sep23 tember 30, 2010’ ’’; 

24 (2) by striking subsection (f); 


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1 (3) by redesignating subsections (g) and (h) as 

2 subsection (f) and (g), respectively; and 

3 (4) in subsection (f), as redesignated— 

4 (A) by striking ‘‘ ‘The Board’ ’’ and insert5 ing the following: ‘‘(1) NOTIFICATION.—The 

6 Board’’; 

7 (B) by striking ‘‘ ‘before entering’ ’’ and in8 serting the following: ‘‘before— 

9 ‘‘(A) entering’’; 

10 (C) by striking ‘‘Radio Free Asia.’’ and in11 serting the following: ‘‘Radio Free Asia; or 

12 ‘‘(B) entering into any agreements in re13 gard to the utilization of Radio Free Asia trans14 mitters, equipment, or other resources that will 

15 significantly reduce the broadcasting activities of 

16 Radio Free Asia.’’; 

17 (D) by striking ‘‘The Chairman’’ and in18 serting the following: 

19 ‘‘(2) CONSULTATION.—The Chairman’’; and 

20 (E) by inserting ‘‘or Radio Free Asia 

21 broadcasting activities’’ before the period at the 

22 end. 


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1 SEC. 125. PERSONAL SERVICES CONTRACTING PROGRAM 

2 FOR THE BROADCASTING BOARD OF GOV3 ERNORS. 

4 Section 504 of the Foreign Relations Authorization 

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

6 6206 note) is amended— 

7 (1) in the section heading, by striking ‘‘PILOT’’; 

8 (2) in subsection (a)— 

9 (A) by striking ‘‘pilot’’; 

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

11 Service and classification laws,’’; and 

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

13 personal services contractor hired pursuant to 

14 this section shall not be considered a Federal em15 ployee (as defined under section 2105 of title 5, 

16 United States Code) for any purpose.’’; 

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

18 following: 

19 ‘‘(5) The annual salary rate for personal services 

20 contractors may not exceed the rate for level IV of the 

21 Executive Schedule under section 5315 of title 5, 

22 United States Code.’’; and 

23 (4) in subsection (c)— 

24 (A) by striking ‘‘the pilot program author25 ized by this section’’ and inserting ‘‘the pro26 gram’’; and 


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

2 inserting ‘‘December 31, 2011’’. 

3 SEC. 126. UNITED STATES ADVISORY COMMISSION ON PUB4 LIC DIPLOMACY. 

5 (a) REAUTHORIZATION.—Section 1334 of the Foreign 

6 Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 

7 6553) is amended by striking October 1, 2010 and inserting 

8 ‘‘October 1, 2011’’. 

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

10 United States Information and Educational Exchange Act 

11 of 1948 (22 U.S.C. 1469(c)(2)) is amended to read as fol12 lows: 

13 ‘‘(2)(A) Not less frequently than once every 2 years, 

14 the Commission shall— 

15 ‘‘(i) conduct an in-depth study of United States 

16 public diplomacy programs, policies, and activities; 

17 ‘‘(ii) assess the effectiveness of the various mecha18 nisms of public diplomacy conducted by the United 

19 States Government in light of public and media atti20 tudes around the world toward the United States, its 

21 people, and United States foreign policy; and 

22 ‘‘(iii) develop appropriate recommendations. 

23 ‘‘(B) The Commission is authorized to use amounts in 

24 its allotted budget to award grants to assist in carrying 

25 out its duties under this paragraph. 


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1 ‘‘(C) The Commission shall submit a comprehensive re2 port of each study required under subparagraph (A) to the 

3 Secretary, the Committee on Foreign Relations of the Sen4 ate, and the Committee on Foreign Affairs of the House of 

5 Representatives. 

6 ‘‘(D) Upon the request of the Commission, the Sec7 retary, the Chair of the Broadcasting Board of Governors, 

8 and the head of any other Federal agency that conducts 

9 public diplomacy or strategic communications activities 

10 shall provide information to the Commission, as appro11 priate, to assist the Commission in carrying out its duties 

12 under this paragraph.’’. 

13 (c) ENHANCING THE EXPERTISE OF THE UNITED

14 STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.— 

15 (1) QUALIFICATION OF MEMBERS.—Section 

16 604(a)(2) of the United States Information and Edu17 cational Exchange Act of 1948 (22 U.S.C. 1469(a)(2)) 

18 is amended— 

19 (A) by redesignating paragraphs (3), (4), 

20 and (5) as paragraphs (4), (5), and (6), respec21 tively; and 

22 (B) in paragraph (2), by striking ‘‘The 

23 members’’ and inserting the following: 

24 ‘‘(3) The members’’; and 


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1 (C) in paragraph (3), as designated by sub2 paragraph (B), by adding at the end the fol3 lowing: ‘‘At least 4 members shall have substan4 tial experience in the conduct or evaluation of 

5 public diplomacy or comparable activities in the 

6 private or public sector. No member may be an 

7 officer or employee of the United States.’’. 

8 (2) APPLICABILITY.—The amendment made by 

9 paragraph (1)(C) shall not apply to individuals who 

10 are current or former members of the United States 

11 Advisory Commission on Public Diplomacy as of the 

12 date of the enactment of this Act. 

13 SEC. 127. DISSEMINATION OF PUBLIC DIPLOMACY INFOR14 MATION WITHIN THE UNITED STATES. 

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

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

17 amended— 

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

19 the United States Information Agency’’ and inserting 

20 ‘‘Secretary of State’’; 

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

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

23 (3) by inserting after paragraph (1) the fol24 lowing: 


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1 ‘‘(2) The Broadcasting Board of Governors may make 

2 available to the Archivist of the United States, for domestic 

3 distribution, motion pictures, films, videotape, and other 

4 material prepared by the Broadcasting Board of Governors 

5 for dissemination abroad 2 years after the initial dissemi6 nation of the material abroad, or in the case of such mate7 rial not disseminated abroad, 2 years after the preparation 

8 of the material.’’; and 

9 (4) by amending paragraph (3), as redesignated, 

10 to read as follows: 

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

12 Board of Governors shall be reimbursed for any attendant 

13 expenses. Any reimbursement to the Secretary or the Broad14 casting Board of Governors under this paragraph shall be 

15 credited to the applicable appropriation of the Department 

16 of State or the Broadcasting Board of Governors.’’. 

17 SEC. 128. SCIENCE AND TECHNOLOGY FELLOWSHIPS. 

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

19 control of the President, the Secretary of State, in accord20 ance with the Mutual Educational and Cultural Exchange 

21 Act of 1961 (22 U.S.C. 2451 et seq.), may increase the num22 ber of educational and cultural exchange activities involv23 ing persons from scientific, medicine, research, and aca24 demic sectors by— 


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1 (1) establishing new programs under such Act; 

2 and 

3 (2) expanding the coverage of existing programs 

4 under such Act. 

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

6 Foreign Relations Authorization Act, Fiscal Year 1979 (22 

7 U.S.C. 2656d), is amended by adding at the end the fol8 lowing: 

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

10 into cooperative agreements related to science and tech11 nology fellowship programs of the Department of State, in12 cluding for assistance in recruiting fellows and the payment 

13 of stipends, travel, and other appropriate expenses to fel14 lows. 

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

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

17 program; and 

18 ‘‘(B) used to select our Nation’s preeminent sci19 entists, Nobel laureates, and leaders in technology who 

20 will travel overseas to represent the commitment of 

21 the United States to collaborate with other countries 

22 to promote the advancement of science and technology 

23 throughout the world based on issues of common in24 terest and expertise. 


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

2 be considered compensation for purposes of section 209 of 

3 title 18, United States Code. 

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

5 subsection shall not exceed $2,000,000 in any fiscal year.’’. 

6 SEC. 129. GRANTS FOR INTERNATIONAL DOCUMENTARY EX7 CHANGE PROGRAMS. 

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

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

10 determine, to United States film makers and nongovern11 mental organizations that use independently produced doc12 umentary films to promote better understanding of the 

13 United States among individuals in other countries. 

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

15 subsection (a) shall, to the maximum extent practicable, be 

16 used— 

17 (1) to fund, distribute, and promote documen18 tary films that convey a diversity of views about life 

19 in the United States to foreign audiences; 

20 (2) to support the production of documentaries 

21 described in paragraph (1) that are made by inde22 pendent foreign and domestic producers, selected 

23 through a peer review process; and 


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

2 produce, distribute, and broadcast such documentaries 

3 according to the allowable rights of each program. 

4 (c) PREFERENCE FACTORS.—In awarding grants 

5 under this section, the Secretary shall give preference to 

6 nongovernmental organizations that— 

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

8 (2) have experience supporting independently 

9 produced documentary films. 

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

11 of the enactment of this Act, the Secretary shall submit a 

12 report to Congress that describes in detail the implementa13 tion of this section. 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—Of the 

15 amounts authorized to be appropriated for Educational and 

16 Cultural Exchange Programs under section 101(6), there is 

17 authorized to be appropriated to the Secretary of State such 

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

19 2011 to carry out this section. 

20 SEC. 130. TRANSFER OF THE VIETNAM EDUCATION FOUN21 DATION TO THE DEPARTMENT OF STATE. 

22 (a) PURPOSES.—Section 202 of the Vietnam Edu23 cation Foundation Act of 2000 (title II of division B of 

24 Public Law 106–554) is amended by adding at the end the 

25 following: 


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1 ‘‘(3) To support the development of 1 or more 

2 academic institutions in Vietnam by financing the 

3 participation of United States institutions of higher 

4 education in the governance, management, and aca5 demic activities of such academic institutions in Viet6 nam.’’. 

7 (b) ESTABLISHMENT.—Section 204 of the Vietnam 

8 Education Foundation Act of 2000 is amended to read as 

9 follows: 

10 ‘‘SEC. 204. ESTABLISHMENT. 

11 ‘‘There is established, within the Bureau of Edu12 cational and Cultural Affairs of the Department of State, 

13 the Vietnam Education Foundation (referred to in this title 

14 as the ‘Foundation’).’’. 

15 (c) REPLACEMENT OF BOARD OF DIRECTORS WITH

16 ADVISORY COMMITTEE.—Section 205 of the Vietnam Edu17 cation Foundation Act of 2000 is amended to read as fol18 lows: 

19 ‘‘SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY 

20 COMMITTEE. 

21 ‘‘(a) ESTABLISHMENT.— 

22 ‘‘(1) IN GENERAL.—There shall be established a 

23 Vietnam Education Foundation Advisory Committee 

24 (referred to in this section as the ‘Advisory Com25 mittee’), which shall provide advice to the Secretary 


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1 and the Assistant Secretary for Educational and Cul2 tural Affairs regarding the Foundation’s activities. 

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

4 shall be composed of 7 members, of whom— 

5 ‘‘(A) 3 shall be appointed by the Secretary; 

6 ‘‘(B) 1 shall be appointed by the majority 

7 leader of the Senate; 

8 ‘‘(C) 1 shall be appointed by the minority 

9 leader of the Senate; 

10 ‘‘(D) 1 shall be appointed by the Speaker of 

11 the House of Representatives; and 

12 ‘‘(E) 1 shall be appointed by the minority 

13 leader of the House of Representatives. 

14 ‘‘(3) APPOINTMENT OF INCUMBENT MEMBERS OF

15 BOARD OF DIRECTORS.—Members appointed to the 

16 Advisory Committee may include individuals who 

17 were members of the Board of Directors of the Foun18 dation on the date immediately preceding the date of 

19 the enactment of the Foreign Relations Authorization 

20 Act, Fiscal Years 2010 and 2011. 

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

22 to the supervision and direction of the Secretary, working 

23 through the Assistant Secretary for Educational and Cul24 tural Affairs, and in consultation with the Advisory Com25 mittee.’’. 


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

2 the Vietnam Education Foundation Act of 2000 is amended 

3 by striking ‘‘technology, and computer sciences’’ and insert4 ing ‘‘academic computer science, public policy, and aca5 demic and public management’’. 

6 (e) APPOINTMENT OF EXECUTIVE DIRECTOR.—Section 

7 208(a) of the Vietnam Education Foundation Act of 2000 

8 is amended— 

9 (1) in the first sentence, by striking ‘‘shall be ap10 pointed’’ and inserting ‘‘may be appointed’’; 

11 (2) in the second sentence, by inserting ‘‘, serve 

12 the Advisory Committee,’’ after ‘‘Executive Officer of 

13 the Foundation’’; and 

14 (3) by striking the last sentence. 

15 (f) CONFORMING AMENDMENTS.—The Vietnam Edu16 cation Foundation Act of 2000 is amended— 

17 (1) in section 203— 

18 (A) by striking paragraph (1); 

19 (B) by redesignating paragraphs (2) and 

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

21 (C) by inserting after paragraph (2), as re22 designated, the following: 

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

24 the Secretary of State.’’; 

25 (2) in section 208— 


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1 (A) in subsection (a)— 

2 (i) in the subsection heading, by strik3 ing ‘‘BOARD’’ and inserting ‘‘SECRETARY’’; 

4 and 

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

6 appears and inserting ‘‘Secretary’’; and 

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

8 and inserting ‘‘Secretary’’; and 

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

10 inserting ‘‘Secretary’’. 

11 (g) MUTUAL EDUCATIONAL AND CULTURAL EXCHANGE

12 ACT OF 1961.—Section 112(a) of the Mutual Educational 

13 and Cultural Exchange Act of 1961 (22 U.S.C. 2460(a)) 

14 is amended— 

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

16 end; 

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

18 the end and inserting ‘‘; and’’; and 

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

20 ‘‘(10) programs administered by the Vietnam 

21 Education Foundation.’’. 

22 (h) TRANSFER OF FUNCTIONS.— 

23 (1) IN GENERAL.—All functions and assets of the 

24 Vietnam Education Foundation, as of the day before 

25 the date of the enactment of this Act, are transferred 


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1 to the Bureau of Educational and Cultural Affairs of 

2 the Department of State. 

3 (2) PERSONNEL.—The Assistant Secretary for 

4 Educational and Cultural Affairs may hire— 

5 (A) personnel who were employed by the 

6 Vietnam Education Foundation on the day be7 fore the date of the enactment of this Act; and 

8 (B) such other personnel as may be nec9 essary to support the Foundation, in accordance 

10 with part III of title 5, United States Code. 

11 (i) SUPPORT FOR INSTITUTIONAL DEVELOPMENT IN

12 VIETNAM.— 

13 (1) GRANTS AUTHORIZED.—The Secretary of 

14 State, acting through the Assistant Secretary for Edu15 cational and Cultural Affairs, may award 1 or more 

16 grants to institutions of higher education (as defined 

17 in section 101(a) of the Higher Education Act of 1965 

18 (20 U.S.C. 1001(a))). 

19 (2) USE OF FUNDS.—Grant funds awarded 

20 under paragraph (1) shall be used to implement grad21 uate-level academic and public policy management 

22 leadership programs in Vietnam that— 

23 (A) support the equitable and sustainable 

24 socioeconomic development of Vietnam; 


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1 (B) feature teaching and research compo2 nents; 

3 (C) promote the development of institutional 

4 capacity in Vietnam; 

5 (D) operate according to core principles of 

6 good governance; and 

7 (E) enjoy autonomy from the Government 

8 of Vietnam. 

9 (3) APPLICATION.— 

10 (A) IN GENERAL.—Each institution of high11 er education desiring a grant under this section 

12 shall submit an application to the Secretary of 

13 State at such time, in such manner, and accom14 panied by such information as the Secretary 

15 may reasonably require. 

16 (B) COMPETITIVE BASIS.—Each grant au17 thorized under paragraph (1) shall be awarded 

18 under the Mutual Educational and Cultural Ex19 change Act of 1961 (22 U.S.C. 2451 et seq.), and 

20 established Federal assistance award procedures 

21 of the Bureau of Educational and Cultural Af22 fairs of the Department of State. 

23 (4) SOURCE OF GRANT FUNDS.—The Secretary of 

24 State may use amounts made available to the Viet25 nam Education Foundation under section 207(c) of 


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1 the Vietnam Education Foundation Act of 2000 (22 

2 U.S.C. 2452 note) for grants authorized under this 

3 section. 

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

6 that is 90 days after the date of the enactment of this Act. 

7 SEC. 131. BROADCASTING BOARD OF GOVERNORS. 

8 (a) ELIMINATION OF EDITORIALS AS BROADCASTING

9 PRINCIPLE OF UNITED STATES GOVERNMENT.—Section 

10 303(b)(3) of the United States International Broadcasting 

11 Act of 1994 (22 U.S.C. 6202(b)(3)) is amended by striking 

12 ‘‘, including editorials,’’. 

13 (b) EXTENSION OF IMMUNITY FROM CIVIL LIABILITY

14 TO MEMBERS OF BROADCASTING BOARD OF GOVERNORS

15 ACTING IN CAPACITY AS BOARD MEMBERS OF MIDDLE

16 EAST BROADCASTING NETWORKS, INC..—Section 304(g) of 

17 the United States International Broadcasting Act of 1994 

18 (22 U.S.C. 6203(g)) is amended by striking ‘‘RFE/RL In19 corporated and’’ and inserting ‘‘RFE/RL Incorporated, 

20 Middle East Broadcasting Networks, Inc., and’’. 

21 SEC. 132. STATEMENT OF POLICY REGARDING CITIZEN DI22 PLOMACY. 

23 It shall be the policy of the United States — 

24 (1) to recognize the valuable work done by citizen 

25 diplomacy organizations and individual citizen dipVerDate Mar 15 2010 22:58 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00115 Fmt 6652 Sfmt 6203 E:\BILLS\S2971.RS S2971

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1 lomat volunteers, who address critical human needs, 

2 build bridges across cultures, and promote mutual un3 derstanding between Americans and the rest of the 

4 world; 

5 (2) to encourage more Americans to engage with 

6 citizens from other countries through a variety of op7 portunities, including studying abroad, hosting for8 eign students, and participating in international vol9 unteer programs; 

10 (3) to collaborate with nongovernmental organi11 zations, academic institutions, businesses, and faith12 based organizations to find ways to further empower 

13 and enable United States citizens to engage in inter14 national volunteer and study opportunities; 

15 (4) to encourage citizen diplomacy programs at 

16 the Department of State and in the private sector as 

17 part of the public diplomacy and development mis18 sions of the United States Government; and 

19 (5) to continue to support, expand, and improve 

20 existing United States Government programs that fos21 ter citizen diplomacy and international volunteerism 

22 in development work, including the Fulbright Pro23 gram, Volunteers for Prosperity, and the Peace Corps. 


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1 SEC. 133. PERFORMANCE-BASED MEASUREMENT REPORT2 ING REQUIREMENTS FOR INTERNATIONAL 

3 EXCHANGE PROGRAMS. 

4 Section 112 of the Mutual Educational and Cultural 

5 Exchange Act of 1961 (22 U.S.C. 2460) is amended by add6 ing at the end the following: 

7 ‘‘(h) REPORT ON SECONDARY SCHOOL ACADEMIC

8 YEAR EXCHANGE PROGRAMS.—Not later than 90 days after 

9 the date of the enactment of the Foreign Relations Author10 ization Act, Fiscal Years 2010 and 2011, and annually 

11 thereafter, the President shall submit a report to the Speak12 er of the House of Representatives and the Chairman of the 

13 Committee on Foreign Relations of the Senate that describes 

14 the performance of the secondary school programs for inter15 national students of the Bureau, including— 

16 ‘‘(1) information for each exchange program sup17 ported by the United States on the objectives of such 

18 exchange; 

19 ‘‘(2) the number of exchange participants sup20 ported; 

21 ‘‘(3) the types of exchange activities conducted; 

22 ‘‘(4) the total amount of Federal expenditures for 

23 such exchanges; 

24 ‘‘(5) the extent to which such exchanges are du25 plicative; 


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1 ‘‘(6) the number of sponsor organizations that 

2 are designated by the Department of State to run 

3 international secondary school exchange programs; 

4 ‘‘(7) the types and number of incidents reported 

5 to the Bureau’s Office of Private Sector Exchange in6 volving an international student; 

7 ‘‘(8) the average number of incidents per spon8 soring organization that the Office of Private Sector 

9 Exchange has been made aware of, including serious 

10 problems or controversies such as the death of a stu11 dent, an accident, an arrest, or reports of sexual 

12 abuse; 

13 ‘‘(9) the average number of complaints reported 

14 to the Office of Private Sector Exchange by a student, 

15 host family, natural parent, or an interested citizen 

16 regarding the performance by a sponsor of its respon17 sibilities in the conduct of its designated exchange vis18 itor program as set forth in the Exchange Visitor Pro19 gram Regulations; 

20 ‘‘(10) the number of visa designation compliance 

21 auditing site visits made by United States Govern22 ment officials to sponsoring organizations running or 

23 participating in international exchange programs, ex24 cluding routine contacts between staff and officials of 


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1 the Bureau and sponsoring organizations as part of 

2 program management activities; 

3 ‘‘(11) an analysis of the satisfaction of inter4 national secondary school academic year participants 

5 with their program experience; 

6 ‘‘(12) the average cost per international sec7 ondary school academic year participant; 

8 ‘‘(13) the numbers of hours program staff mem9 bers and volunteers of the exchange program des10 ignated organizations are trained in secondary school 

11 academic year youth exchange oversight and moni12 toring and J–visa compliance, and by what type of 

13 resource; and 

14 ‘‘(14) an analysis of best practices in the areas 

15 of recruitment and selection of host parents, program 

16 management of sponsor organizations, and other re17 lated issues used to run these international exchange 

18 programs.’’. 

19 SEC. 134. SENSE OF CONGRESS ON INTERNATIONAL 

20 BROADCASTING IN IRAN. 

21 It is the sense of Congress that the Broadcasting Board 

22 of Governors should expand international broadcasting in 

23 Iran, including through increased Farsi language news pro24 gramming, counter-jamming and Internet censorship cir25 cumvention measures, and other means which provide for 


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1 the dissemination of accurate and independent information 

2 to the people of Iran through radio, television, Internet, mo3 bile devices, and other forms of connective technology. 

4 Subtitle C—Consular Services and 

5 Related Matters 

6 SEC. 141. REFORMING REFUGEE PROCESSING. 

7 (a) ADJUSTMENTS OF STATUS OF REFUGEES.—Sec8 tion 209(a)(1) of the Immigration and Nationality Act (8 

9 U.S.C. 1159) is amended, in the matter following subpara10 graph (C)— 

11 (1) by striking ‘‘or be returned to the custody of’’ 

12 and inserting ‘‘to’’; and 

13 (2) by striking ‘‘for inspection and examination’’ 

14 and inserting ‘‘to be inspected and examined’’. 

15 (b) EFFECTIVE DATE.—The amendments made by sub16 section (a) shall take effect on the date of the enactment 

17 of this Act. 

18 SEC. 142. DEFINITION OF ‘‘USE’’ IN PASSPORT AND VISA OF19 FENSES. 

20 Chapter 75 of title 18, United States Code, is amend21 ed— 

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

23 the item relating to section 1541 the following: 

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

24 and 

25 (2) by inserting before section 1541 the following: 


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1 ‘‘§ 1540. Meaning of ‘use’ and ‘uses’ 

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

3 shall be given their plain meaning, including use for identi4 fication purposes.’’. 

5 SEC. 143. VISA INELIGIBILITY FOR INTERNATIONAL CHILD 

6 ABDUCTION. 

7 Section 212(a)(10)(C)(iii) of the Immigration and Na8 tionality Act (8 U.S.C. 1182(a)(10)(C)(iii)) is amended— 

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

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

11 end and inserting a period; and 

12 (3) by striking subclause (III). 

13 SEC. 144. VACCINATION WAIVER FOR ADOPTED CHILDREN. 

14 Section 212(a)(1)(C)(ii) of the Immigration and Na15 tionality Act (8 U.S.C. 1182(a)(1)(C)(ii)) is amended by 

16 striking ‘‘section 101(b)(1)(F),’’ and inserting ‘‘subpara17 graph (F) or (G) of section 101(b)(1);’’. 

18 SEC. 145. SIGNED PHOTOGRAPH REQUIREMENT FOR VISA 

19 APPLICATIONS. 

20 Section 221(b) of the Immigration and Nationality 

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

22 him’’. 

23 SEC. 146. ELECTRONIC TRANSMISSION OF DOMESTIC VIO24 LENCE INFORMATION TO VISA APPLICANTS. 

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

26 and Department of Justice Reauthorization Act of 2005 (8 


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

2 the following: 

3 ‘‘(iv) Subject to such regulations as the 

4 Secretary of State may prescribe, mailings 

5 required under this subsection may be 

6 transmitted by electronic means if an appli7 cant consents to electronic service.’’. 

8 SEC. 147. SIBLING ADOPTIONS. 

9 Section 101(b)(1)(G) of the Immigration and Nation10 ality Act (8 U.S.C. 1101(b)(1)(G)) is amended— 

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

12 (VI); 

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

14 follows through ‘‘if—’’ and inserting ‘‘25 years of age, 

15 if—’’; 

16 (3) by striking ‘‘a child under the age of sixteen’’ 

17 and inserting the following ‘‘a child who— 

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

19 (4) in subclause (VI), as redesignated, by strik20 ing the period at the end and inserting ‘‘; or’’; and 

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

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

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

24 of the child— 


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

2 described in clause (i), subparagraph 

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

4 ‘‘(II) has been adopted abroad, or 

5 is coming to the United States for 

6 adoption, by the adoptive parent (or 

7 prospective adoptive parent) or parents 

8 of the sibling described in clause (i), 

9 subparagraph (E)(i), or subparagraph 

10 (F)(i); and 

11 ‘‘(III) is younger than 18 years of 

12 at the time a petition is filed in his or 

13 her behalf to accord a classification as 

14 an immediate relative under section 

15 201(b).’’. 

16 SEC. 148. TECHNICAL AMENDMENTS RELATING TO THE IN17 TELLIGENCE REFORM AND TERRORISM PRE18 VENTION ACT OF 2004. 

19 Title VII of the Intelligence Reform and Terrorism 

20 Prevention Act of 2004 (Public Law 108–458) is amend21 ed— 

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

23 Department of State’’ after ‘‘used by the Department 

24 of Homeland Security’’; and 


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

2 striking ‘‘the Secretary, in conjunction with the Sec3 retary of Homeland Security’’ and inserting ‘‘the Sec4 retary of Homeland Security, in consultation with 

5 the Secretary of State’’. 

6 SEC. 149. VIDEOCONFERENCE INTERVIEWS. 

7 (a) PILOT PROGRAM.—The Secretary of State may de8 velop and conduct a 2-year pilot program for the processing 

9 of tourist visas using secure remote videoconferencing tech10 nology as a method for conducting visa interviews of appli11 cants. In developing the pilot program, the Secretary of 

12 State shall work with other Federal agencies that use such 

13 secure communications to help ensure security of the 

14 videoconferencing transmission and encryption. 

15 (b) REPORT.— 

16 (1) IN GENERAL.—Not later than 1 year after 

17 initiating the pilot program under subsection (a) and 

18 not later than 3 months after the end of the 2-year 

19 period referred to in subsection (a), the Secretary of 

20 State shall submit a report on such pilot program to 

21 the appropriate congressional committees. 

22 (2) CONTENTS.—Each report submitted under 

23 this subsection shall— 

24 (A) assess the efficacy and security of using 

25 secure remote videoconferencing technology as a 


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1 method for conducting visa interviews of appli2 cants, including any effect such method may 

3 have on an interviewer’s ability to determine an 

4 applicant’s credibility and uncover fraud; and 

5 (B) include recommendations on whether or 

6 not the pilot program should be continued, 

7 broadened, or modified. 

8 TITLE II—ORGANIZATION AND 

9 PERSONNEL OF THE DEPART10 MENT OF STATE 

11 Subtitle A—Modernizing the 

12 Department of State 

13 SEC. 201. CREATION OF A MODERN AND EXPEDITIONARY 

14 FOREIGN SERVICE. 

15 (a) TARGETED EXPANSION OF FOREIGN SERVICE.— 

16 The Secretary of State shall expand the Foreign Service 

17 to— 

18 (1) fill vacancies, particularly overseas vacancies 

19 that are critical to key United States foreign policy 

20 and national security interests, to prevent crises from 

21 emerging; 

22 (2) increase the capacity of the Department of 

23 State to assign and deploy Foreign Service officers 

24 and other personnel to prevent, mitigate, and respond 

25 to international crises and instability in foreign 


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1 countries that threaten key United States foreign pol2 icy and national security interests; and 

3 (3) ensure that members of the Foreign Service, 

4 before beginning assignments that require additional 

5 or improved skills— 

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

7 other training that is necessary to successfully 

8 execute their responsibilities in their new assign9 ments; and 

10 (B) have the opportunity to obtain ad11 vanced and other education that will increase the 

12 capacity of the Foreign Service to complete its 

13 mission. 

14 (b) AUTHORIZED PERSONNEL INCREASES.— 

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

16 State is authorized to increase the number of members 

17 of the Foreign Service— 

18 (A) by 750 above attrition during fiscal 

19 year 2010; and 

20 (B) by an additional 750 above attrition 

21 during fiscal year 2011. 

22 (2) USAID.—In addition to the personnel in23 creases authorized under paragraph (1), the Adminis24 trator of the United States Agency for International 

25 Development (USAID) is authorized to increase the 


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1 number of members of the Foreign Service employed 

2 by USAID— 

3 (A) by 350 above attrition during fiscal 

4 year 2010; and 

5 (B) by an additional 350 above attrition 

6 during fiscal year 2011. 

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

8 subsection may be construed to limit the authority of 

9 the Secretary of State or the Administrator of the 

10 United States Agency for International Development 

11 to hire personnel. 

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

13 of 1980 (22 U.S.C. 4028) is amended by adding at the end 

14 the following: 

15 ‘‘(d) The Secretary of State shall ensure that members 

16 of the Service, before receiving assignments that require new 

17 and improved skills— 

18 ‘‘(1) receive language, security, area, civilian19 military roles, and other training that is necessary to 

20 successfully execute their responsibilities in their new 

21 assignments; and 

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

23 obtain advanced education and training in academic 

24 and other relevant institutions in the United States 


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1 and in other countries to increase the capacity of the 

2 Service to fulfill its mission.’’. 

3 SEC. 202. CONFLICT PREVENTION, MITIGATION, AND RESO4 LUTION TRAINING. 

5 (a) IN GENERAL.—Section 708 of the Foreign Service 

6 Act of 1980, as amended by section 301(d), is further 

7 amended by adding at the end the following: 

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

9 officers of the Foreign Service deploying to areas under10 going significant conflict or considered to be at risk of sig11 nificant conflict receive appropriate advanced training in 

12 conflict prevention, mitigation, and resolution, including 

13 an understanding of— 

14 ‘‘(1) peace processes, negotiations, and decision15 making; 

16 ‘‘(2) patterns of escalation; 

17 ‘‘(3) country and region-specific issues, including 

18 resource allocation, as contributing factors to peace or 

19 conflict; 

20 ‘‘(4) related civilian-military coordination and 

21 planning; and 

22 ‘‘(5) how to function successfully when— 

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

24 instability; or 


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1 ‘‘(B) there is no civil authority that can ef2 fectively provide public safety.’’. 

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

4 the enactment of this Act, the Secretary shall submit a re5 port to the appropriate congressional committees that de6 scribes the efforts made by the Department of State to fur7 ther expand and facilitate conflict prevention, mitigation, 

8 and resolution training. 

9 SEC. 203. MASS ATROCITIES. 

10 (a) SENSE OF CONGRESS.—It is the sense of Congress 

11 that— 

12 (1) the maintenance of global peace and secu13 rity— 

14 (A) is in the interest of the United States; 

15 and 

16 (B) is threatened by acts of genocide and 

17 other mass atrocities against civilians; 

18 (2) several studies, including ‘‘Preventing Geno19 cide: A Blueprint for U.S. Policymakers’’, published 

20 in December 2008 by the Genocide Prevention Task 

21 Force, which was co-chaired by former Secretary of 

22 State Madeleine Albright and former Secretary of De23 fense William Cohen, offer recommendations to im24 prove United States capabilities to predict, detect, re25 spond to, and prevent mass atrocities; and 


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1 (3) the enhanced capacity to prevent and address 

2 such mass atrocities is in the humanitarian and stra3 tegic interests of the United States. 

4 (b) EARLY WARNING ASSESSMENT.—Not later than 1 

5 year after the date of the enactment of this Act, the Sec6 retary of State shall submit, to the appropriate congres7 sional committees, an assessment of— 

8 (1) current methods to monitor indicators of po9 tential mass atrocities; and 

10 (2) capabilities to provide early warnings to rel11 evant agencies and appropriate congressional commit12 tees to reduce the risk of mass atrocities against civil13 ians. 

14 SEC. 204. CRISIS RESPONSE. 

15 Section 1603(5) of the Reconstruction and Stabiliza16 tion Civilian Management Act of 2008 (title XVI of Public 

17 Law 110–417; 22 U.S.C. 2734a note) is amended to read 

18 as follows: 

19 ‘‘(5) PERSONNEL.—The term ‘personnel’ 

20 means— 

21 ‘‘(A) individuals serving in any service de22 scribed in section 2101 of title 5, United States 

23 Code, other than in the legislative or judicial 

24 branch; 


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1 ‘‘(B) individuals employed by personal serv2 ices contract, including individuals employed 

3 pursuant to— 

4 ‘‘(i) section 2(c) of the State Depart5 ment Basic Authorities Act of 1956 (22 

6 U.S.C. 2669(c)); or 

7 ‘‘(ii) section 636(a)(3) of the Foreign 

8 Assistance Act of 1961 (22 U.S.C. 

9 2396(a)(3)); 

10 ‘‘(C) individuals appointed under section 

11 303 of the Foreign Service Act of 1980 (22 

12 U.S.C. 3943); and 

13 ‘‘(D) Locally employed staff who are em14 ployed by participating agencies.’’. 

15 Subtitle B—Foreign Services 

16 Overseas Pay Equity 

17 SEC. 211. SHORT TITLE. 

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

19 Overseas Pay Equity Act of 2009’’. 

20 SEC. 212. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

21 (a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 

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

23 Foreign Service Act of 1980 (22 U.S.C. 3961 et seq.) 

24 is amended by adding at the end the following: 


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

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

3 designated class 1 or below for purposes of section 403 and 

4 whose official duty station is neither in the continental 

5 United States nor in a nonforeign area shall receive, in ac6 cordance with the phase-in schedule set forth in subsection 

7 (c), a locality-based comparability payment (stated as a 

8 percentage) equal to the locality-based comparability pay9 ment (stated as a percentage) that would be provided under 

10 section 5304 of title 5, United States Code, if such member’s 

11 official duty station were in the District of Columbia. 

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

13 locality-based comparability payment, which is payable to 

14 a member of the Service under this section— 

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

16 of such member for the purposes described in— 

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

18 States Code; and 

19 ‘‘(B) chapter 8 of this Act; and 

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

21 applicable to locality-based comparability payments 

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

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

24 payment payable to a member of the Service under this sec25 tion— 


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

2 of the first full pay period that is 90 days after the 

3 date of the enactment of this subsection, and ending 

4 on the last day of the last pay period in fiscal year 

5 2009, shall be up to 33.33 percent of the payment 

6 which would otherwise apply under subsection (a); 

7 ‘‘(2) during the period beginning on the first day 

8 of the first pay period in fiscal year 2010 and ending 

9 on the last day of the last pay period in fiscal year 

10 2010, shall be up to 66.67 percent of the payment 

11 which would otherwise apply under subsection (a); 

12 and 

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

14 period in fiscal year 2011, shall be equal to the pay15 ment determined under subsection (a). 

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

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

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

19 (2) CONFORMING AMENDMENT.—The table of 

20 contents under section 2 of the Foreign Service Act of 

21 1980 (22 U.S.C. 3901 et seq.) is amended by inserting 

22 after the item relating to section 414 the following: 

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

23 (b) CONFORMING AMENDMENTS RELATING TO THE

24 FOREIGN SERVICE RETIREMENT SYSTEMS.— 

25 (1) CONTRIBUTIONS TO THE FUND.— 


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

2 Foreign Service Act of 1980 (22 U.S.C. 4045(a)) 

3 is amended— 

4 (i) in paragraph (1)— 

5 (I) by striking ‘‘7.25 percent’’ and 

6 inserting ‘‘7 percent’’; and 

7 (II) by striking ‘‘The contribution 

8 by the employing agency’’ and all that 

9 follows through ‘‘and shall be made’’ 

10 and inserting ‘‘An equal amount shall 

11 be contributed by the employing agen12 cy’’; 

13 (ii) in paragraph (2)— 

14 (I) in subparagraph (A), by strik15 ing ‘‘, plus an amount equal to .25 

16 percent of basic pay’’; and 

17 (II) in subparagraph (B), by 

18 striking ‘‘, plus an amount equal to .25 

19 percent of basic pay’’; and 

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

21 plus .25 percent’’. 

22 (B) EFFECTIVE DATE.—The amendments 

23 made by subparagraph (A) shall take effect on 

24 the first day of the first pay period beginning on 


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

2 of such pay period). 

3 (2) COMPUTATION OF ANNUITIES.—Section 

4 806(a)(9) of the Foreign Service Act of 1980 (22 

5 U.S.C. 4046(a)(9)) is amended by striking ‘‘is outside 

6 the continental United States shall’’ and inserting 

7 ‘‘was outside the continental United States during the 

8 period beginning on December 29, 2002, and ending 

9 on the day before the first day of the first pay period 

10 beginning on or after October 1, 2010, shall, to the ex11 tent that such computation is based on the basic sal12 ary or basic pay of such member while the member 

13 was outside the United States,’’. 

14 (3) ENTITLEMENT TO ANNUITY.—Section 

15 855(a)(3) of the Foreign Service Act of 1980 (22 

16 U.S.C. 4071d(a)(3)) is amended— 

17 (A) by striking ‘‘section 8414’’ and insert18 ing ‘‘section 8415’’; and 

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

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

21 the continental United States during the period 

22 beginning on December 29, 2002, and ending on 

23 the day before the first day of the first pay pe24 riod beginning on or after October 1, 2011 (or 

25 during any portion of such pay period), shall, to 


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1 the extent that such computation is based on the 

2 basic salary or basic pay of such member while 

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

4 (4) DEDUCTIONS AND WITHHOLDINGS FROM

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

6 4071e(a)(2)) is amended to read as follows: 

7 ‘‘(2) The applicable percentage specified in this para8 graph shall be as follows: 

‘‘Percentage Time Period 

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

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

1999. 

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

2000. 

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

first day of the first pay period beginning on or after October 1, 2011. 

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

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

9 (c) REPORTING REQUIREMENT.—Not later than Octo10 ber 1, 2011, the Secretary of State shall submit a report 

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

12 Committee on Homeland Security and Governmental Af13 fairs of the Senate, the Committee on Foreign Affairs of 

14 the House of Representatives, and Committee on Oversight 

15 and Government Reform of the House of Representatives 

16 that includes— 

17 (1) an assessment of all allowances provided to 

18 members of the Foreign Service under— 


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

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

3 (2) an explanation of how such allowances have 

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

5 Foreign Service Act of 1980 made under this Act. 

6 Subtitle C—Other Organization 

7 and Personnel Matters 

8 SEC. 221. DEATH GRATUITY. 

9 Section 413(a) of the Foreign Service Act of 1980 (22 

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

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

12 under section 5313 of title 5, United States Code, at the 

13 time of death except that for employees compensated under 

14 a local compensation plan established under section 408, 

15 the amount of such gratuity shall be equal to the greater 

16 of 1 year’s salary at the time of death or 1 year’s basic 

17 salary at the highest step of the highest grade on the local 

18 compensation plan from which the employee was being paid 

19 at the time of death.’’. 

20 SEC. 222. EXPANSION AND EXTENSION OF ANNUITANT 

21 WAIVER FOR RESPONSE READINESS CORPS. 

22 (a) AMENDMENTS TO STATE DEPARTMENT BASIC AU23 THORITIES ACT OF 1956.—Section 61(a) of the State De24 partment Basic Authorities Act of 1956 (22 U.S.C. 2733(a)) 

25 is amended— 


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

2 vacated’’ and inserting ‘‘, to positions in the Response 

3 Readiness Corps, or to posts vacated’’; and 

4 (2) in paragraph (2), by striking ‘‘2010’’ and in5 serting ‘‘2012’’. 

6 (b) AMENDMENTS TO FOREIGN ASSISTANCE ACT OF

7 1961.—Section 625(j)(1) of the Foreign Assistance Act of 

8 1961 (22 U.S.C. 2385(j)(1)) is amended— 

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

10 vacated’’ and inserting ‘‘, to positions in the Response 

11 Readiness Corps, or to posts vacated’’; and 

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

13 inserting ‘‘2012’’. 

14 SEC. 223. REEMPLOYMENT OF ANNUITANTS. 

15 Section 824(g) of the Foreign Service Act of 1980 (22 

16 U.S.C. 4064(g)) is amended— 

17 (1) in paragraph (1)(B), by striking ‘‘to facili18 tate the assignment of persons to Iraq and Afghani19 stan or to posts vacated by members of the Service as20 signed to Iraq and Afghanistan’’; 

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

22 (3) by redesignating paragraph (3) as para23 graph (2). 


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1 SEC. 224. LOCALLY EMPLOYED STAFF. 

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

3 the April 2009 report from the Office of the Inspector Gen4 eral of the Department of State and the Broadcasting Board 

5 of Governors, entitled ‘‘Review of Locally Employed Staff 

6 Compensation Issues’’ (Report Number ISP–I–09–44), Con7 gress makes the following findings: 

8 (1) United States embassies and consulates 

9 worldwide retain over 51,000 locally employed staff 

10 under local compensation plans in about 170 overseas 

11 missions. A report by the Office of the Inspector Gen12 eral of the Department of State and the Broadcasting 

13 Board of Governors, entitled ‘‘Review of Locally Em14 ployed Staff Compensation Issues’’ (Report Number 

15 ISP–I–09–44), stated: ‘‘The U.S. is falling behind in 

16 providing a competitive compensation package for lo17 cally employed staff that is commensurate with their 

18 experience, technical skills, and responsibilities.’’. 

19 (2) The ability of United States overseas mis20 sions to retain locally employed staff and to recruit 

21 new, qualified staff is vital to the success of those mis22 sions. 

23 (3) To addresses differences in the skill levels re24 quired for different categories of locally employed staff 

25 positions, the Inspector General’s report recommended 


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1 that ‘‘separate data and separate scales should be es2 tablished for certain types of employees’’. 

3 (4) The current locally employed staff compensa4 tion review process requires improvement, including 

5 increasing transparency and interagency involve6 ment, reducing disparities between the salary and 

7 budget cycles, and improving the use of outmoded and 

8 cumbersome communication technology. 

9 (b) REVIEW.— 

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

11 date of the enactment of this Act, and not less than 

12 every 5 years thereafter, the Secretary of State shall— 

13 (A) review salary and compensation guide14 lines for overseas, locally employed staff of the 

15 Department of State; 

16 (B) review— 

17 (i) whether the United States is falling 

18 behind in providing a competitive com19 pensation package for locally employed staff 

20 that is commensurate with their experience, 

21 technical skills, and responsibilities; and 

22 (ii) the implications for providing av23 erage salary increases that are approxi24 mately 60 percent of prevailing practice; 


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1 (C) provide recommendations on how to re2 cruit new, qualified staff; and 

3 (D) provide recommendations for separate 

4 data and a separate pay scale for highly skilled 

5 and trained professional positions. 

6 (2) COMPENSATION DATABASE.—Not later than 

7 180 days after the date of the enactment of this Act, 

8 the Secretary of State shall establish a comprehensive 

9 database for salary and compensation information for 

10 such staff, as recommended by the Office of Inspector 

11 General in a April 2009 report entitled ‘‘Review of 

12 Locally Employed Staff Compensation Issues’’ (Re13 port Number ISP–I–09–44). 

14 (3) PAY SCALES FOR LOCALLY EMPLOYED PRO15 FESSIONALS.—The review under paragraph (1)(A) 

16 shall include a summary of efforts to address pay 

17 scales for locally employed staff to ensure adequate 

18 compensation for professional level positions, such as 

19 medical officers, laboratory management, public 

20 health information technology positions, and other 

21 highly skilled positions. 

22 (c) GUIDELINES.—Not later than 90 days after enact23 ment of this Act, the Secretary of State shall consult with 

24 appropriate congressional committees on proposed guide25 lines for awards, pay scales, and compensation of overseas, 


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1 locally employed staff of the Department of State, including 

2 for loss of life while on duty. 

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

4 section, the term ‘‘locally employed staff’’ means employees 

5 compensated under local compensation plans established 

6 under section 408 of the Foreign Service Act of 1980 (22 

7 U.S.C. 3968). 

8 SEC. 225. REPEAL OF RECERTIFICATION REQUIREMENT 

9 FOR SENIOR FOREIGN SERVICE. 

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

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

12 SEC. 226. FOREIGN RELATIONS EXCHANGE PROGRAMS. 

13 Title I of the State Department Basic Authorities Act 

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

15 at the end the following: 

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

17 ‘‘(a) IN GENERAL.—The Secretary may establish ex18 change programs under which officers or employees of the 

19 Department of State, including individuals appointed 

20 under title 5, United States Code, and members of the For21 eign Service may be assigned, for a period not to exceed 

22 1 year, to a position with any foreign government or inter23 national entity that permits an employee to be assigned to 

24 a position with the Department of State. 

25 ‘‘(b) SALARY AND BENEFITS.— 


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

2 period in which a member of the Foreign Service is 

3 participating in an exchange program authorized 

4 under subsection (a), such member shall be entitled to 

5 the salary and benefits to which such member would 

6 be entitled if such member were assigned to an agen7 cy, international organization, or other body under 

8 section 503 of the Foreign Service Act of 1980 (22 

9 U.S.C. 3983). 

10 ‘‘(2) DETAILEES.—An employee of the Depart11 ment of State (other than a member of the Foreign 

12 Service participating in an exchange program au13 thorized under subsection (a)) shall be treated in all 

14 respects as if detailed to an international organiza15 tion under section 3343(b) of title 5, United States 

16 Code. The salary of such employee shall be the higher 

17 of the salary that the employee would receive but for 

18 the assignment under this section or the salary of the 

19 position to which the employee is assigned. 

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

21 employee of a foreign government or international en22 tity participating in a program established under 

23 this section shall be paid by such government or enti24 ty during the period in which such employee is parVerDate Mar 15 2010 22:58 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6203 E:\BILLS\S2971.RS S2971

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1 ticipating in the program, and shall not be reim2 bursed by the Department of State. 

3 ‘‘(c) NONRECIPROCAL ASSIGNMENTS.—The Secretary 

4 may authorize a nonreciprocal assignment of personnel 

5 pursuant to this section, with or without reimbursement 

6 from the foreign government or international entity for all 

7 or part of the salary and other expenses payable during 

8 the assignment, if such assignment is in the interests of the 

9 United States. 

10 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec11 tion may be construed to authorize the appointment as an 

12 officer or employee of the United States of— 

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

14 country, government, or foreign or international enti15 ty other than to the United States; or 

16 ‘‘(2) an individual who has not met the require17 ments of sections 3331, 3332, 3333, and 7311 of title 

18 5, United States Code, and any other provision of law 

19 concerning eligibility for appointment, and continu20 ation of employment, as an officer or employee of the 

21 United States.’’. 

22 SEC. 227. ENHANCED PERSONNEL AUTHORITIES FOR THE 

23 INSPECTOR GENERAL OF THE DEPARTMENT 

24 OF STATE. 

25 (a) DEFINITIONS.—In this section: 


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

2 an individual who, based on the service of such indi3 vidual, is entitled to benefits under a retirement sys4 tem for Government employees. 

5 (2) GOVERNMENT EMPLOYEE.—The term ‘‘Gov6 ernment employee’’ has the meaning given the term 

7 ‘‘employee’’ in section 2105(a) of title 5, United 

8 States Code. 

9 (3) INSPECTOR GENERAL.—The term ‘‘Inspector 

10 General’’ means the Inspector General of the Depart11 ment of State. 

12 (4) OFFICE.—The term ‘‘Office’’ means the Office 

13 of Inspector General of the Department of State. 

14 (b) PROVISIONS RELATING TO REEMPLOYED ANNU15 ITANTS.— 

16 (1) WAIVER AUTHORITY.—Subject to the condi17 tions set forth in paragraph (3), the Inspector Gen18 eral may waive the application of any provision of 

19 law set forth in paragraph (2) on behalf of any reem20 ployed annuitant serving in a position within the Of21 fice. 

22 (2) PROVISIONS.—The provisions of law set forth 

23 in this paragraph are— 

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

25 8344 of title 5, United States Code; 


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

2 8468 of title 5, United States Code; 

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

4 824 of the Foreign Service Act of 1980 (22 

5 U.S.C. 4064); and 

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

7 identified by the Inspector General in regula8 tions. 

9 (3) CONDITIONS.—Waiver authority under this 

10 subsection may be exercised only— 

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

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

13 (i) is necessary due to— 

14 (I) difficulty in the recruitment or 

15 retention of a qualified employee for 

16 the position involved; or 

17 (II) a temporary emergency hir18 ing need; and 

19 (ii) does not cause the number of em20 ployees within the Office who are exempted 

21 from 1 or more of the provisions of law set 

22 forth in paragraph (2) (whether pursuant 

23 to a waiver under this subsection or other24 wise) to exceed, as of any given date, 25 


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1 percent of the total workforce of the Office, 

2 determined on a full-time equivalent basis. 

3 (4) OTHER AUTHORITIES NOT AFFECTED.—The 

4 authority under this subsection is in addition to any 

5 other authority available to the Inspector General to 

6 engage individuals as reemployed annuitants. 

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

8 subsection may be construed to permit or require that 

9 any reemployed annuitant benefitting from a waiver 

10 of a provision of law set forth in paragraph (2) be 

11 treated as a Government employee for purposes of the 

12 retirement system to which such provision relates. 

13 (c) PROVISIONS RELATING TO CONTRACTS FOR PER14 SONAL SERVICES.— 

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

16 contract with United States citizens for personal serv17 ices to facilitate and support the Office’s oversight of 

18 programs and operations. Such citizens shall not, by 

19 virtue of any such contract, be considered to be Gov20 ernment employees for purposes of any law adminis21 tered, in whole or in part, by the Office of Personnel 

22 Management. 

23 (2) RELATION TO OTHER LAWS.—Except as pro24 vided in paragraph (2), this subsection shall not af25 fect any determination as to whether an individual 


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1 performing services pursuant to any contract under 

2 this subsection is a Government employee for purposes 

3 of any law of the United States. The Secretary of 

4 State may determine the applicability, with respect to 

5 any such individual, of any law administered, in 

6 whole or in part, by the Secretary. 

7 (3) CONDITIONS.—The Inspector General may 

8 not enter into a personal services contract under this 

9 subsection unless— 

10 (A) in the judgment of the Inspector Gen11 eral, personnel resources of the Office would oth12 erwise be insufficient; 

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

14 less, unless the Inspector General determines that 

15 exceptional circumstances justify an extension of 

16 not longer than 1 additional year; and 

17 (C) not more than 15 percent of the work18 force of the Office, as of any given date, consists 

19 of individuals serving under personal services 

20 contracts (whether entered into under this sub21 section or otherwise), determined on a full-time 

22 equivalent basis. 

23 (4) OTHER AUTHORITIES NOT AFFECTED.—The 

24 authority under this subsection is in addition to any 


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1 other authority available to the Inspector General to 

2 engage individuals under a personal services contract. 

3 (d) REPORT.—In the Office of the Inspector General’s 

4 semiannual report to Congress, the Inspector General shall 

5 include information on the usage and rationale related to 

6 annuitants hired under this section. 

7 SEC. 228. PERSONAL SERVICES CONTRACTORS. 

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

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

10 a pilot program (referred to in this section as the ‘‘Pro11 gram’’) to respond to new or emerging needs or to augment 

12 existing services by contracting with United States nation13 als and aliens lawfully admitted for permanent residence 

14 to provide personal services in the United States or in the 

15 United States and outside the United States. 

16 (b) CONDITIONS.—The Program authorized under sub17 section (a) may be established if— 

18 (1) the Secretary determines that existing per19 sonnel resources are insufficient; 

20 (2) the length of each contract, including options, 

21 is not greater than 2 years, unless the Secretary de22 termines that exceptional circumstances justify an ex23 tension of up to 1 additional year; 


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

2 any time as personal services contractors under this 

3 section; and 

4 (4) the Program is only used to obtain special5 ized skills or experience or to respond to urgent needs. 

6 (c) STATUS OF PERSONAL SERVICE CONTRACTORS.— 

7 (1) OFFICE OF PERSONNEL MANAGEMENT.—An 

8 individual entering into a personal services contract 

9 under the Program shall not, by virtue of such hiring, 

10 be considered to be an employee of the United States 

11 Government for purposes of any law administered by 

12 the Office of Personnel Management. The Secretary 

13 may determine the applicability to such individuals 

14 of section 2(f) of the State Department Basic Authori15 ties Act (22 U.S.C. 2669(f)) and of any other law ad16 ministered by the Secretary concerning the employ17 ment of such individuals. 

18 (2) FEDERAL EMPLOYMENT STATUS.—Except as 

19 provided in paragraph (1), this section shall not af20 fect the determination as to whether an individual en21 tering into a personal services contract under the Pro22 gram is an employee of the United States Government 

23 for purposes of any Federal law. 

24 (d) TERMINATION OF AUTHORITY.— 


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1 (1) IN GENERAL.—The authority to award per2 sonal services contracts under the Program shall ter3 minate on September 30, 2014. 

4 (2) EFFECT ON EXISTING CONTRACTS.—Any con5 tract entered into before the termination date set forth 

6 in paragraph (1) may remain in effect until the expi7 ration date set forth in such contract. 

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

9 1980. 

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

11 U.S.C. 3929) is amended— 

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

13 and 

14 (2) in subsection (d)(2)— 

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

16 at the end; 

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

18 and’’ and inserting a period; and 

19 (C) by striking subparagraph (F). 

20 SEC. 230. OFFICE FOR GLOBAL WOMEN’S ISSUES. 

21 (a) ESTABLISHMENT.— 

22 (1) IN GENERAL.—There is established, in the 

23 Office of the Secretary of State, the Office for Global 

24 Women’s Issues (referred to in this section as the ‘‘Of25 fice’’). 


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1 (2) STAFF.—The Secretary of State may assign 

2 appropriate staff with relevant technical and oper3 ational expertise to the Office to carry out the pur4 poses of this section. 

5 (b) AMBASSADOR-AT-LARGE FOR GLOBAL WOMEN’S

6 ISSUES.—The Office shall be headed by an Ambassador-at7 Large for Global Women’s Issues (referred to in this section 

8 as the ‘‘Ambassador’’), who— 

9 (1) shall be appointed by the President, by and 

10 with the advice and consent of the Senate; 

11 (2) shall report directly to the Secretary of State; 

12 and 

13 (3) shall have the rank and status of Ambas14 sador-at-Large. 

15 (c) DUTIES.— 

16 (1) IN GENERAL.—The Ambassador is authorized 

17 to— 

18 (A) coordinate and advise on activities, 

19 policies, programs, and funding of relevant bu20 reaus and offices of the Department of State, 

21 which relate to— 

22 (i) gender integration; 

23 (ii) women’s and girls’ economic, so24 cial, and legal development, protection, and 


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1 improvement in role and status in societies; 

2 and 

3 (iii) prevention and response to vio4 lence against women and girls, including 

5 child marriage and forced marriage; 

6 (B) promote and advance the full integra7 tion of gender analysis into the programs, struc8 tures, processes, and capacities of the Depart9 ment of State and other Federal Government 

10 agencies conducting international programs; 

11 (C) work with relevant offices of the Depart12 ment of State to promote the collection, reten13 tion, and analysis of data on programs and ac14 tivities of the Department— 

15 (i) to integrate gender into its policies 

16 and programs; 

17 (ii) regarding the protection and eco18 nomic, social, and legal development of 

19 women and girls; 

20 (iii) to improve the role and status of 

21 women and girls in societies; and 

22 (iv) to prevent and respond to violence 

23 against women and girls, including child 

24 marriage and forced marriage; and 


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1 (D) design, support, and implement rel2 evant activities and programs regarding inter3 national girls’ and women’s issues, in coordina4 tion with relevant bureaus and offices of the De5 partment of State; 

6 (2) COORDINATING ROLE.—The Ambassador is 

7 authorized to— 

8 (A) advise and coordinate with relevant Ex9 ecutive Branch agencies engaged in international 

10 women’s policies and programs, including the 

11 Department of Justice, the Department of Labor, 

12 the Department of Education, the Department of 

13 Health and Human Services, the Department of 

14 Agriculture, the Department of Defense, the De15 partment of Commerce, the United States Agency 

16 for International Development, and the Millen17 nium Challenge Corporation, on policies, pro18 grams, and funding of such agencies relating to 

19 women’s issues in their international programs 

20 and policies; and 

21 (B) work with the relevant Executive 

22 Branch agencies described in subparagraph (A) 

23 to compile and make public comprehensive infor24 mation about international programs of the 

25 United States Government relating to— 


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1 (i) the economic, social, and legal de2 velopment of women and girls; 

3 (ii) the protection of women and girls; 

4 (iii) the improvement of the role and 

5 status of women and girls in societies; 

6 (iv) the prevention of, and response to, 

7 violence against women and girls, including 

8 child marriage and forced marriage; and 

9 (v) the outcomes and effectiveness of 

10 such programs. 

11 (3) DIPLOMATIC REPRESENTATION.—Subject to 

12 the direction of the President and the Secretary of 

13 State, the Ambassador is authorized to represent the 

14 United States in matters relevant to the status of 

15 women internationally. 

16 (d) INTERAGENCY COOPERATION.— 

17 (1) AUTHORIZATION.—The Ambassador is au18 thorized— 

19 (A) to provide advice and guidance, as ap20 propriate, to the Federal Government agencies 

21 described in subsection (c)(2)(A); and 

22 (B) on behalf of the Secretary of State, to 

23 convene periodic meetings with other Federal 

24 Government agencies to enhance and ensure ef25 fective coordination of policies, programs, and 


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1 resources regarding critical issues related to 

2 international women’s status and development. 

3 (2) SENSE OF THE SENATE.—It is the sense of 

4 the Senate that the heads of the relevant Federal Gov5 ernment agencies described in subsection (c)(2)(A) 

6 should ensure effective implementation and coordina7 tion of all international women’s policies and pro8 grams by sharing information with the Office on pro9 grams described in subsection (c)(2)(B) on an annual 

10 basis. 

11 (e) CONGRESSIONAL BRIEFINGS.—Not later than 6 

12 months after the date of the enactment of this Act, and an13 nually thereafter, the Ambassador shall brief Congress on 

14 the integration of gender considerations into its strategies, 

15 programming, and associated outcomes, and interagency 

16 cooperation. 

17 (f) RELATIONSHIP TO OTHER LAWS REGARDING

18 ABORTION.—Nothing in this Act shall be construed as af19 fecting in any way existing statutory prohibitions related 

20 to abortion or existing statutory prohibitions on the use of 

21 funds to lobby for or against abortion. 

22 (g) STATEMENT OF POLICY.—The United States Gov23 ernment remains committed to programs that seek to elimi24 nate sex-selective abortion, coercive abortion, and involun25 tary sterilization. 


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1 (h) AUTHORIZATION OF APPROPRIATIONS.—There are 

2 authorized to be appropriated such sums as may be nec3 essary for each of the fiscal years 2011 through 2015 to 

4 carry out the activities authorized under this section. 

5 SEC. 231. HOME LEAVE. 

6 (a) HOME LEAVE TRAVEL FOR FAMILY MEMBERS.— 

7 Section 901(2) of the Foreign Service Act of 1980 (22 

8 U.S.C. 4081(2)) is amended to read as follows: 

9 ‘‘(2) authorized or required home leave, includ10 ing optional home leave travel, in an amount that 

11 does not exceed the cost, per person, of the member of 

12 the Service, by— 

13 ‘‘(A) family members residing at the em14 ployee’s post of assignment; and 

15 ‘‘(B) family members residing at other au16 thorized locations because they are prevented by 

17 official order from residing at post;’’. 

18 (b) HOME LEAVE TECHNICAL AMENDMENT.—Section 

19 903(a) of the Foreign Service Act of 1980 (22 U.S.C. 

20 4083(a)) is amended by striking ‘‘18 months of continuous 

21 service abroad’’ and inserting ‘‘12 months of continuous 

22 service abroad (or after a shorter period of such service if 

23 the member’s assignment is terminated for the convenience 

24 of the Service)’’. 


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1 SEC. 232. TRAINING SUPPORT SERVICES. 

2 Section 704(a)(4)(B) of the Foreign Service Act of 

3 1980 (22 U.S.C. 4024(a)(4)(B)) is amended— 

4 (a) by inserting ‘‘education and training specialists, 

5 including’’ after ‘‘to serve as’’; and 

6 (b) by striking ‘‘other academic and training special7 ists’’ and inserting ‘‘other specialists who perform work di8 rectly relating to the design, delivery, oversight, or coordi9 nation of training delivered by the institution’’. 

10 SEC. 233. EMPLOYMENT OF MINORITIES AND WOMEN. 

11 (a) SENSE OF CONGRESS.—It is the sense of Congress 

12 that— 

13 (1) the United States Government should support 

14 programs that promote the participation of minori15 ties and women in the Foreign Service; 

16 (2) members of the Foreign Service should reflect 

17 the diversity of American society and the wide-rang18 ing talents and background of its people; 

19 (3) the participation of minorities and women 

20 in the Foreign Service would help promote and ad21 vance the goals of United States foreign policy. 

22 (b) REPORT CONCERNING THE EMPLOYMENT OF MI23 NORITIES AND WOMEN.— 

24 (1) IN GENERAL.—Not later than April 1, 2011, 

25 and April 1, 2012, the Secretary shall submit a com26 prehensive report to Congress, with respect to the preVerDate Mar 15 2010 22:58 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00158 Fmt 6652 Sfmt 6203 E:\BILLS\S2971.RS S2971

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1 ceding calendar year, concerning the employment of 

2 members of minority groups and women at the De3 partment of State, including the Civil Service and the 

4 Foreign Service. 

5 (2) CONTENTS.—The report submitted under 

6 paragraph (1) shall be organized in terms of real 

7 numbers and percentages, instead of ratios, and shall 

8 report— 

9 (A) for the last preceding Foreign Service 

10 examination and promotion cycles for which 

11 such information is available, the numbers and 

12 percentages of— 

13 (i) members of all minority groups and 

14 women taking the written Foreign Service 

15 examination; 

16 (ii) members of all minority groups 

17 and women successfully completing and 

18 passing the written Foreign Service exam19 ination; 

20 (iii) members of all minority groups 

21 and women successfully completing and 

22 passing the oral Foreign Service examina23 tion; 


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1 (iv) members of all minority groups 

2 and women entering the junior officer class 

3 of the Foreign Service; 

4 (v) members of all minority groups 

5 and women who are Foreign Service officers 

6 at each grade; and 

7 (vi) members of all minority groups 

8 and women promoted to each grade of the 

9 Foreign Service; and 

10 (B) for the last preceding year for Civil 

11 Service employment at the Department of State 

12 for which such information is available, the 

13 numbers and percentages of— 

14 (i) members of all minority groups and 

15 women entering the Civil Service; 

16 (ii) members of all minority groups 

17 and women who are Civil Service employees 

18 at each grade of the Civil Service; and 

19 (iii) members of all minority groups 

20 and women promoted at each grade of the 

21 Civil Service. 

22 (c) RECRUITMENT OF MINORITY GROUPS AND

23 WOMEN.— 

24 (1) AUTHORIZATION OF APPROPRIATIONS.— 

25 There are authorized to be appropriated such sums as 


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1 may be necessary for the fiscal years 2010 and 2011, 

2 for the recruitment of members of minority groups 

3 and women for careers in the Foreign Service and 

4 international affairs. 

5 (2) CONDUCT OF RECRUITMENT ACTIVITIES.— 

6 (A) IN GENERAL.—Amounts appropriated 

7 pursuant to paragraph (1) may only be used for 

8 activities directly related to the recruitment of 

9 minorities and women, such as— 

10 (i) creating recruitment materials de11 signed to target members of minority groups 

12 and women; and 

13 (ii) travel expenses of recruitment trips 

14 to colleges, universities, and other institu15 tions or locations. 

16 (B) LIMITATION.—Amounts appropriated 

17 pursuant to paragraph (1) may not be used to 

18 pay the salaries of Department of State employ19 ees. 

20 TITLE III—INTERNATIONAL 

21 ORGANIZATIONS 

22 SEC. 301. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

23 ORGANIZATIONS. 

24 (a) SENSE OF CONGRESS.—It is the sense of Congress 

25 that the Secretary should— 


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

2 to appropriately staff United States missions both 

3 within the United States and abroad that are dedi4 cated to representing the United States to inter5 national organizations and multilateral institutions, 

6 including missions in New York, Brussels, Geneva, 

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

8 (2) develop persons with specialized skills nec9 essary to become experts in multilateral diplomacy 

10 given the large number of positions in the United 

11 States and abroad that are dedicated to this specialty; 

12 and 

13 (3) consider as a factor for promotions whether 

14 a member of the Foreign Service has served in a posi15 tion whose primary responsibility is to formulate pol16 icy toward, or represent the United States at, an 

17 international organization, a multilateral institution, 

18 or a broad-based multilateral negotiation of an inter19 national instrument. 

20 SEC. 302. SYNCHRONIZATION OF UNITED STATES CON21 TRIBUTIONS TO INTERNATIONAL ORGANIZA22 TIONS. 

23 In accordance with section 404 of the Foreign Rela24 tions Authorization Act of 2003 (Public Law 107–228; 116 

25 Stat. 1389), there are authorized to be appropriated such 


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1 sums as may be necessary for the synchronization of United 

2 States contributions to international organizations. 

3 SEC. 303. PEACEKEEPING CONTRIBUTIONS. 

4 Section 404(b)(2)(B) of the Foreign Relations Author5 ization Act, Fiscal Years 1994 and 1995 (Public Law 103– 

6 236; 22 U.S.C. 287e note) is amended by adding at the end 

7 the following: 

8 ‘‘(vi) For assessments made during cal9 endar year 2010 and thereafter, 27.5 per10 cent.’’. 

11 SEC. 304. BUYING POWER MAINTENANCE, INTERNATIONAL 

12 ORGANIZATIONS. 

13 Title I of the State Department Basic Authorities Act 

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

15 328, is further amended by adding at the end the following: 

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

17 ORGANIZATIONS. 

18 ‘‘(a) ESTABLISHMENT OF ACCOUNT.—There is estab19 lished in the Treasury of the United States the ‘Buying 

20 Power Maintenance, International Organizations account’ 

21 (referred to in this section as the ‘account’) to offset fluctua22 tions in foreign currency exchange rates that adversely af23 fect United States contributions to international organiza24 tions. 


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1 ‘‘(b) AUTHORITY TO TRANSFER AMOUNTS TO AC2 COUNT.—The Secretary of State may transfer to, and merge 

3 with, the account such amounts appropriated or otherwise 

4 made available for the Contributions to International Orga5 nizations account as the Secretary determines are beyond 

6 the needs of activities funded from that account because of 

7 fluctuations in foreign currency exchange rates. 

8 ‘‘(c) AUTHORITY TO TRANSFER AMOUNTS FROM AC9 COUNT.—In order to offset adverse fluctuations in foreign 

10 currency exchange rates, the Secretary of State may trans11 fer to, and merge with, the Contributions to International 

12 Organizations account such amounts from the account as 

13 the Secretary determines are necessary to provide for the 

14 activities funded under that account. 

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

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

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

18 the fifth fiscal year after the fiscal year for which 

19 amounts are appropriated or otherwise made avail20 able for the Contributions to International Organiza21 tions account, the Secretary of State may transfer 

22 any unobligated balance of such amounts to the ac23 count. 


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

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

3 amounts transferred under this subsection. 

4 ‘‘(3) REPROGRAMMING.—Any transfer under this 

5 subsection— 

6 ‘‘(A) shall be treated as a reprogramming of 

7 funds under section 34; and 

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

9 or expenditure in accordance with the procedures 

10 established under such section. 

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

12 may only be exercised with respect to amounts appro13 priated or otherwise made available after September 

14 30, 2009. 

15 ‘‘(e) AVAILABILITY OF AMOUNTS.—Amounts trans16 ferred to the account under this section shall remain avail17 able until expended. 

18 ‘‘(f) OTHER AUTHORITIES NOT AFFECTED.—The au19 thority to transfer amounts under this section is in addition 

20 to transfer authority otherwise available to the Secretary 

21 of State under any other provision of law.’’. 

22 SEC. 305. UNITED STATES PARTICIPATION IN THE INTER23 PARLIAMENTARY UNION. 

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

25 the Foreign Affairs Reform and Restructuring Act of 1998 


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1 (division G of Public Law 105–277; 22 U.S.C. 276 note), 

2 the Secretary of State is authorized— 

3 (1) to facilitate the readmission and participa4 tion of the United States in the Inter-Parliamentary 

5 Union; and 

6 (2) to pay expenses to meet the annual obliga7 tions of membership in the Inter-Parliamentary 

8 Union, in accordance with the assessments determined 

9 by the Governing Council. 

10 (b) REPRESENTATION.—Notwithstanding section 2503 

11 of the Foreign Affairs Reform and Restructuring Act of 

12 1998 (division G of Public Law 105–277; 22 U.S.C. 276 

13 note), the majority leader of the Senate, in consultation 

14 with the minority leader of the Senate, and the Speaker 

15 of the House of Representatives, in consultation with the 

16 minority leader of the House of Representatives, are author17 ized to designate Members of Congress to serve as delegates 

18 to the Assembly of the Inter-Parliamentary Union. 

19 SEC. 306. PROVISION OF LIVING QUARTERS AND ALLOW20 ANCES TO THE UNITED STATES REPRESENTA21 TIVES TO THE UNITED NATIONS. 

22 Section 9 of the United Nations Participation Act of 

23 1945 (22 U.S.C. 287e–1) is amended to read as follows: 

24 ‘‘SEC. 9. (a) The Secretary of State, under such regula25 tions as the Secretary shall prescribe, and notwithstanding 


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1 subsections (a) and (b) of section 3324 of title 31, United 

2 States Code, and section 5536 of title 5, United States Code, 

3 may— 

4 ‘‘(1) make available, to the Permanent Rep5 resentative of the United States to the United Nations 

6 and the Deputy Permanent Representative of the 

7 United States to the United Nations— 

8 ‘‘(A) living quarters leased or rented by the 

9 United States for a period not longer than 10 

10 years; and 

11 ‘‘(B) allowances for unusual expenses inci12 dent to the operation and maintenance of such 

13 living quarters that are similar to expenses au14 thorized under section 5913 of title 5, United 

15 States Code; and 

16 ‘‘(2) make available living quarters in New York 

17 leased or rented by the United States for— 

18 ‘‘(A) a period not longer than 10 years to 

19 other United States representatives to the United 

20 Nations and to not more than 2 employees who 

21 serve at the pleasure of the Permanent Rep22 resentative of the United States to the United 

23 Nations; and 

24 ‘‘(B) a period not longer than 5 years to not 

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1 signed to the United States Mission to the 

2 United Nations; and 

3 ‘‘(3) provide an allowance, as the Secretary con4 siders appropriate, to each Delegate and Alternate 

5 Delegate of the United States to any session of the 

6 General Assembly of the United Nations who is not 

7 a permanent member of the staff of the United States 

8 Mission to the United Nations, in order to compensate 

9 each such Delegate or Alternate Delegate for necessary 

10 housing and subsistence expenses with respect to at11 tending any such session. 

12 ‘‘(b) The Secretary of State may not make available 

13 living quarters or allowances under subsection (a) to an em14 ployee who is occupying living quarters that are owned by 

15 such employee. 

16 ‘‘(c) Living quarters and allowances provided under 

17 subsection (a) shall be considered for all purposes as author18 ized under— 

19 ‘‘(1) chapter 9 of title I of the Foreign Service 

20 Act of 1980 (22 U.S.C. 4081 et seq.); and 

21 ‘‘(2) section 5913 of title 5, United States Code. 

22 ‘‘(d) The Inspector General of the Department of State 

23 shall— 

24 ‘‘(1) periodically review the administration of 

25 this section to achieve cost savings; and 


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1 ‘‘(2) develop appropriate recommendations for 

2 the Secretary of State regarding the administration of 

3 this section.’’. 

4 SEC. 307. RECRUITMENT AND RETENTION OF UNITED 

5 STATES CITIZENS IN INTERNATIONAL ORGA6 NIZATIONS. 

7 (a) IN GENERAL.—The Secretary shall continue efforts 

8 to increase the number of qualified United States citizens 

9 employed by the United Nations and by other international 

10 organizations. 

11 (b) DUTIES OF THE SECRETARY.—Not later than 90 

12 days after date of the enactment of this Act, the Secretary— 

13 (1) shall develop, recruit, and maintain a roster 

14 of qualified United States candidates for professional 

15 positions and senior positions at the United Nations 

16 and other international organizations, including those 

17 related to United Nations peacekeeping operations; 

18 (2) shall designate an employee of the Depart19 ment of State— 

20 (A) to closely monitor job openings at the 

21 United Nations and other international organi22 zations; and 

23 (B) to connect those job openings with 

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1 scribed in paragraph (1) or through other mech2 anisms; 

3 (3) should establish a program that sponsors 

4 Junior Professional Officers and Associate Expert po5 sitions, similar to the support provided to such posi6 tions by Austria, Canada, Switzerland, and the 

7 United Kingdom; and 

8 (4) shall update, as appropriate, reports to the 

9 appropriate congressional committees that describe 

10 the measures being taken by the Department of State 

11 to facilitate the recruitment of qualified United States 

12 citizens for employment at the United Nations and 

13 other international organizations. 

14 (c) DUTIES OF THE SECRETARY OF THE TREASURY.— 

15 Not later than 90 days after the date of the enactment of 

16 this Act, the Secretary of the Treasury, in consultation with 

17 the Secretary of State, shall— 

18 (1) develop, recruit, and maintain a roster of 

19 qualified United States candidates for professional 

20 positions and senior positions at international finan21 cial institutions (referred to in this subsection as 

22 ‘‘IFIs’’), including the World Bank, the International 

23 Monetary Fund, and other regional development 

24 banks; 


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1 (2) designate an employee of the Department of 

2 Treasury or the Department of State— 

3 (A) to closely monitor job openings at IFIs; 

4 (B) to provide public notice of these open5 ings, to the extent possible; and 

6 (C) to connect such job openings with 

7 United States citizens who are listed on the ros8 ter described in paragraph (1) or who are other9 wise eligible; 

10 (3) update, as appropriate, reports to the appro11 priate congressional committees that describes the 

12 measures being taken by the Department of Treasury 

13 and the Department of State to facilitate the recruit14 ment of qualified United States citizens for employ15 ment at IFIs; and 

16 (4) coordinate with the employee designated in 

17 paragraph (2) to facilitate awareness of openings at 

18 international organizations and IFIs. 

19 SEC. 308. UNITED STATES MEMBERSHIP IN THE INTER20 NATIONAL RENEWABLE ENERGY AGENCY. 

21 (a) IN GENERAL.—The President is authorized— 

22 (1) to accept the terms and conditions of the 

23 Statute of the International Renewable Energy Agen24 cy (referred to in this section as the ‘‘Agency’’); and 


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1 (2) to maintain membership of the United States 

2 in the Agency. 

3 (b) PAYMENTS OF ASSESSED CONTRIBUTIONS.—For 

4 fiscal year 2011 and each fiscal year thereafter, United 

5 States assessed contributions to the Agency may be paid 

6 from amounts appropriated under the heading ‘‘Contribu7 tions to International Organizations’’. 

8 TITLE IV—MISCELLANEOUS 

9 PROVISIONS 

10 SEC. 401. LIMITATION ON ASSISTANCE TO GOVERNMENTS 

11 OF COUNTRIES IN DEFAULT. 

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

13 620(q) of the Foreign Assistance Act of 1961 (22 U.S.C. 

14 2370(q)) is amended— 

15 (1) by striking ‘‘any country’’ and inserting ‘‘the 

16 government of any country’’; 

17 (2) by striking ‘‘such country’’ each place it ap18 pears and inserting ‘‘such government’’; and 

19 (3) by striking ‘‘six calendar months’’ and in20 serting ‘‘1 year’’. 

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

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

23 amended— 

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

25 and 


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

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

3 OF COUNTRIES IN DEFAULT. 

4 ‘‘No assistance may be furnished under section 23 of 

5 this Act to the government of any country which is in de6 fault, during a period exceeding 1 year, in payment to the 

7 United States of principal or interest on any loan made 

8 to the government of such country under this Act, unless— 

9 ‘‘(1) such government meets its obligations under 

10 the loan; or 

11 ‘‘(2) the President— 

12 ‘‘(A) determines that assistance to such 

13 country is in the national interest of the United 

14 States; and 

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

16 Representatives and the Committee on Foreign 

17 Relations of the Senate of such determination.’’. 

18 SEC. 402. INCREASED AUTHORITY TO PROVIDE ASSISTANCE 

19 FOR LAW ENFORCEMENT FORCES. 

20 (a) POLICE TRAINING.—Section 660 of the Foreign As21 sistance Act of 1961 (22 U.S.C. 2420) is amended— 

22 (1) in subsection (b)— 

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

24 the end; 


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

2 the provision of professional’’ and all that fol3 lows through the semicolon at the end and insert4 ing ‘‘, including any regional, district, munic5 ipal, or other subnational entity emerging from 

6 instability;’’; 

7 (C) in paragraph (7), by striking the period 

8 at the end and inserting a semicolon; and 

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

10 ‘‘(8) with respect to the provision of professional 

11 training, including training in internationally recog12 nized standards of human rights and the rule of law; 

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

14 police roles that support democratic governance and 

15 foster improved police-community relations; 

16 ‘‘(10) with respect to assistance to combat traf17 ficking in persons, address sexual and gender-based 

18 violence, reduce corruption, prevent conflict, and re19 spond to disasters; 

20 ‘‘(11) with respect to assistance to address inhu21 mane conditions in prisons and other detention facili22 ties administered by foreign governments that are 

23 making efforts to address the health, sanitation, nu24 trition, and other basic needs of prisoners; 


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

2 prisoners for humanitarian or development purposes; 

3 or 

4 ‘‘(13) with respect to assistance to support hu5 manitarian operations and activities.’’; and 

6 (2) by amending subsection (d) to read as fol7 lows: 

8 ‘‘(d) Assistance under chapter 4 of part II that is oth9 erwise prohibited under subsection (a) may be provided to 

10 a country if the Secretary determines and certifies to the 

11 Committee on Foreign Relations of the Senate and the Com12 mittee on Foreign Affairs of the House of Representatives 

13 that such assistance is in the national interest of the United 

14 States.’’. 

15 (b) ADMINISTRATION OF JUSTICE.—Section 534 of the 

16 Foreign Assistance Act of 1961 (22 U.S.C. 2346c) is amend17 ed— 

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

19 in Latin America and the Caribbean’’; 

20 (2) in subsection (b)(3)— 

21 (A) in subparagraph (C), by striking ‘‘and’’ 

22 at the end; 

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

24 ‘‘and’’ after the semicolon; and 

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


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1 ‘‘(E) programs to enhance the protection of 

2 participants in judicial cases;’’; 

3 (3) by striking subsection (c); 

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

5 third sentences; and 

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

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

8 SEC. 403. BUILDING PUBLIC AWARENESS AND DIALOGUE. 

9 Section 122 of the Foreign Assistance Act of 1961 (22 

10 U.S.C. 2151t) is amended by inserting at the end the fol11 lowing: 

12 ‘‘(f)(1) The Administrator of the United States Agency 

13 for International Development is authorized— 

14 ‘‘(A) to encourage the people of the United States 

15 to further dialogue and understanding of development, 

16 humanitarian assistance, and foreign assistance pro17 grams; and 

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

19 analysis, and review of the issues addressed in the 

20 final report of the Helping to Enhance the Livelihood 

21 of People Around the Globe Commission (HELP 

22 Commission), issued in December 2007, with special 

23 regard to the HELP Commission’s call to encourage 

24 Executive agencies to more fully explain United 

25 States development activities to the American people 


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1 in order to raise the American people’s understanding 

2 about and support for foreign assistance. 

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

4 available each fiscal year for the purposes of this chapter 

5 may be used to ensure effective engagement with the Amer6 ican people in understanding and promoting public under7 standing of development, humanitarian assistance, and for8 eign assistance programs, in addition to funds otherwise 

9 available for such purposes.’’. 

10 SEC. 404. EXCEPTION TO CERTAIN MULTIPLE AWARD CON11 TRACT REQUIREMENTS. 

12 Chapter 1 of part III of the Foreign Assistance Act 

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

14 adding at the end the following new section: 

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

16 AWARD CONTRACT REQUIREMENTS. 

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

18 indefinite delivery or indefinite quality contract, the Ad19 ministrator of the United States Agency for International 

20 Development may provide an exception to the fair oppor21 tunity process for placing task orders under such contracts 

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

23 small disadvantaged business.’’. 


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1 SEC. 405. MILLENNIUM CHALLENGE ASSISTANCE. 

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

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

4 amended to read as follows: 

5 ‘‘(j) EXTENSION OF COMPACT.— 

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

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

8 exceed 5 years. 

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

10 may be extended beyond 5 years if the Board— 

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

12 the Compact cannot be completed in 5 years or 

13 less; and 

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

15 that does not extend the total duration of the 

16 Compact beyond 7 years. 

17 ‘‘(3) CONGRESSIONAL NOTIFICATION.—Not later 

18 than 15 days before the date on which the Board is 

19 scheduled to vote on the extension of a Compact be20 yond 5 years pursuant to paragraph (2), the Board, 

21 acting through the Chief Executive Officer, shall— 

22 ‘‘(A) notify the Committee on Foreign Rela23 tions of the Senate and the Committee on For24 eign Affairs of the House of Representatives of its 

25 intent to approve such extension; and 


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

2 subparagraph (A) with a detailed explanation 

3 for the determination and approval described in 

4 paragraph (2).’’. 

5 (b) CONCURRENT AND SUBSEQUENT COMPACTS.—Sec6 tion 609(k) such Act (22 U.S.C. 7708(k)) is amended to 

7 read as follows: 

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

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

10 and in accordance with the requirements of this title, 

11 an eligible country and the United States— 

12 ‘‘(A) may enter into and have in effect more 

13 than 1 Compact at any given time; and 

14 ‘‘(B) may enter into subsequent Compacts 

15 after the expiration of existing Compacts. 

16 ‘‘(2) REQUIREMENTS.— 

17 ‘‘(A) CONCURRENT COMPACTS.—An eligible 

18 country and the United States may not enter 

19 into a concurrent Compact unless the Board de20 termines that such country is making consider21 able and demonstrable progress in implementing 

22 the terms of its existing Compact and supple23 mentary agreements to such Compact. 

24 ‘‘(B) SUBSEQUENT COMPACTS.—An eligible 

25 country and the United States may not enter 


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1 into a subsequent Compact unless the Board de2 termines that— 

3 ‘‘(i) such country has substantially met 

4 the objectives of prior Compacts between the 

5 country and the United States and supple6 mentary agreements to such Compacts; or 

7 ‘‘(ii) the country has demonstrated suf8 ficient capacity to perform successfully on 

9 the subsequent Compact.’’. 

10 (c) APPLICABILITY.—The amendments made by sub11 sections (a) and (b) shall apply with respect to Compacts 

12 entered into between the United States and an eligible coun13 try under the Millennium Challenge Act of 2003 (22 U.S.C. 

14 7701 et seq.) before, on, or after the date of the enactment 

15 of this Act. 

16 (d) MAINTAINING CANDIDATE STATUS FOR PURPOSES

17 OF INCOME CATEGORY.—Section 606 of the Millennium 

18 Challenge Act of 2003 (22 U.S.C. 7705) is amended— 

19 (1) in subsection (a)— 

20 (A) in paragraph (1)— 

21 (i) by amending the paragraph head22 ing to read as follows: 

23 ‘‘(1) IN GENERAL.—’’; 


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1 (ii) in the matter preceding subpara2 graph (A), by striking ‘‘fiscal year 2004’’ 

3 and inserting ‘‘any fiscal year’’; 

4 (iii) by amending subparagraph (A) to 

5 read as follows: 

6 ‘‘(A) the country— 

7 ‘‘(i) has a per capita income that is 

8 not greater than the World Bank’s lower 

9 middle income country threshold for such 

10 fiscal year; and 

11 ‘‘(ii) is among the 75 lowest per capita 

12 income countries, as identified by the World 

13 Bank; and’’; and 

14 (iv) in subparagraph (B), by striking 

15 ‘‘subject to paragraph (3)’’ and inserting 

16 ‘‘subject to paragraph (2)’’; 

17 (B) by striking paragraph (2); and 

18 (C) by redesignating paragraph (3) as 

19 paragraph (2); 

20 (2) in subsection (b)— 

21 (A) in paragraph (1)— 

22 (i) in the matter preceding subpara23 graph (A), by striking ‘‘for fiscal year 2006 

24 or a subsequent fiscal year’’ and inserting 

25 ‘‘for any fiscal year’’; and 


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1 (ii) by striking subparagraphs (A) and 

2 (B) and inserting the following: 

3 ‘‘(A) has a per capita income that is not 

4 greater than the World Bank’s lower middle in5 come country threshold for such fiscal year; 

6 ‘‘(B) is not among the 75 lowest per capita 

7 income countries as identified by the World 

8 Bank; and 

9 ‘‘(C) meets the requirements under sub10 section (a)(1)(B).’’; and 

11 (B) in paragraph (2)— 

12 (i) by striking ‘‘for fiscal year 2006 or 

13 any subsequent fiscal year’’ and inserting 

14 ‘‘for any fiscal year’’; and 

15 (ii) by striking ‘‘for fiscal year 2006 or 

16 the subsequent fiscal year, as the case may 

17 be’’ and inserting ‘‘for such fiscal year’’; 

18 (3) by redesignating subsection (c) as subsection 

19 (d); and 

20 (4) by inserting after subsection (b) the fol21 lowing: 

22 ‘‘(c) MAINTAINING CANDIDATE STATUS.—A candidate 

23 country transitioning between the income categories identi24 fied in subsections (a) and (b) may retain its candidacy 


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1 at the former income category for the year of such transition 

2 and for the 2 subsequent fiscal years.’’. 

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

4 THE INSPECTOR GENERAL FOR THE UNITED 

5 STATES AGENCY FOR INTERNATIONAL DE6 VELOPMENT. 

7 (a) PROVISIONS RELATING TO REEMPLOYED ANNU8 ITANTS.— 

9 (1) WAIVER AUTHORITY.—To facilitate the as10 signment of persons to positions in Iraq, Pakistan, 

11 and Afghanistan, or to positions vacated by members 

12 of the Foreign Service assigned to Iraq, Pakistan, and 

13 Afghanistan, the Inspector General of the United 

14 States Agency for International Development (referred 

15 to in this section as the ‘‘Inspector General’’) may, 

16 subject to paragraph (3), waive the application of the 

17 provisions of law set forth in paragraph (2) on behalf 

18 of any reemployed annuitant serving in a position 

19 within the Office of Inspector General. 

20 (2) PROVISIONS.—The provisions of law set forth 

21 in this paragraph are— 

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

23 8344 of title 5, United States Code; 

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

25 8468 of such title; and 


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

2 824 of the Foreign Service Act of 1980 (22 

3 U.S.C. 4064). 

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 is 

8 necessary due to— 

9 (i) difficulty in the recruitment or re10 tention of a qualified employee for the posi11 tion involved; or 

12 (ii) a temporary emergency hiring 

13 need. 

14 (4) SUNSET.— 

15 (A) IN GENERAL.—This subsection is re16 pealed on October 1, 2012. 

17 (B) EFFECT OF REPEAL.—An annuitant re18 employed before October 1, 2012, pursuant to the 

19 waiver under paragraph (1), may continue such 

20 employment until not later than September 30, 

21 2013. 

22 (b) PROVISIONS RELATING TO CONTRACTS FOR PER23 SONAL SERVICES.— 

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

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1 ices to facilitate and support the Office’s oversight of 

2 programs and operations. Such citizens shall not, by 

3 virtue of any such contract, be considered to be em4 ployees of the Federal Government for purposes of any 

5 law administered, in whole or in part, by the Office 

6 Personnel Management. 

7 (2) RELATION TO OTHER LAWS.—Nothing in this 

8 subsection may be construed to affect any determina9 tion as to whether an individual performing services 

10 pursuant to any contract under this subsection is a 

11 Government employee for purposes of any law of the 

12 United States. The Administrator of the United 

13 States Agency for International Development may de14 termine the applicability, with respect to any such 

15 individual, of any law administered, in whole or in 

16 part, by the Administrator. 

17 (3) CONDITIONS.—The Inspector General may 

18 not enter into a personal services contract under this 

19 subsection unless— 

20 (A) the Inspector General determines that 

21 the personnel resources of the Office would other22 wise be insufficient; 

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

24 less, unless the Inspector General determines that 


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1 exceptional circumstances justify an extension of 

2 up to 1 additional year; and 

3 (C) not more than 5 percent of the per4 sonnel of the Office (determined on a full time 

5 equivalent basis), as of any given date, consists 

6 of individuals serving under personal services 

7 contracts. 

8 (4) OTHER AUTHORITIES NOT AFFECTED.—The 

9 authority under this subsection is in addition to any 

10 other authority available to the Inspector General to 

11 enter into personal services contracts with individ12 uals. 

13 (c) NOT CONSIDERED EMPLOYEES.—An employee re14 employed pursuant to the waiver under subsection (a) shall 

15 not be considered an employee for purposes of subchapter 

16 III of chapter 83 of title 5, United States Code, or chapter 

17 84 of such title. 

18 (d) REPORT.—In the Office of the Inspector General’s 

19 semiannual report to Congress, the Inspector General shall 

20 include information on the usage and rationale related to 

21 annuitants hired under this section. 

22 (e) PAY PARITY FOR FOREIGN SERVICE OFFICER IN23 VESTIGATORS.—Section 5541(2)(C)(xiv) of title 5, United 

24 States Code, is amended to read as follows: 


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1 ‘‘(xiv) a Foreign Service officer, except 

2 that Foreign Service officers serving as 

3 criminal investigators in the Office of In4 spector General of the United States Agency 

5 for International Development shall be eligi6 ble for and receive availability pay on the 

7 same terms as criminal investigators (as de8 fined in section 5545a).’’. 

9 SEC. 407. PROHIBITIONS ON FOREIGN ASSISTANCE FOR 

10 THE PRODUCTION OF CERTAIN AGRICUL11 TURAL COMMODITIES. 

12 Section 620 of the Foreign Assistance Act of 1961 (22 

13 U.S.C. 2370) is amended by inserting after subsection (l) 

14 the following new subsection: 

15 ‘‘(m) PROHIBITIONS ON ASSISTANCE FOR THE PRO16 DUCTION OF AGRICULTURAL COMMODITIES AVAILABLE IN

17 SURPLUS QUANTITIES.—(1) No assistance shall be fur18 nished under chapter 1 of part I of this Act to a country 

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

20 to produce an agricultural commodity if the President de21 termines that— 

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

23 available in surplus quantities on the world market 

24 when the building or expansion of such capacity is 

25 complete; and 


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

2 the agricultural commodity by producers in that 

3 country would cause substantial injury to producers 

4 in the United States that produce that agricultural 

5 commodity or a similar or competing agricultural 

6 commodity. 

7 ‘‘(2) Paragraph (1) shall not apply with respect to as8 sistance to a country that— 

9 ‘‘(A)(i) is eligible for assistance from the Inter10 national Development Association; 

11 ‘‘(ii) is not eligible for assistance from the Inter12 national Bank for Reconstruction and Development; 

13 and 

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

15 agricultural commodity with respect to which assist16 ance is furnished; or 

17 ‘‘(B) the President determines is recovering from 

18 widespread conflict, a humanitarian crisis, or a com19 plex emergency. 

20 ‘‘(n) RESTRICTION ON ASSISTANCE FOR THE PRODUC21 TION AND EXPORTATION OF CERTAIN AGRICULTURAL COM22 MODITIES.—(1) No assistance shall be furnished under 

23 chapter 1 of part I of this Act to a country to carry out 

24 any testing, breeding feasibility studies, variety improve25 ment efforts, introduction efforts, consulting, publications, 


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1 conferences, or training with respect to the production of 

2 an agricultural commodity in that country if the President 

3 determines that— 

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

5 produced to be exported from that country; and 

6 ‘‘(B) the exportation of the agricultural com7 modity from that country will result in increased 

8 competition for that agricultural commodity, or a 

9 similar or competing agricultural commodity, pro10 duced in the United States. 

11 ‘‘(2) Paragraph (1) shall not apply with respect to as12 sistance furnished— 

13 ‘‘(A) to a developing country to carry out an ac14 tivity involving the production of an agricultural 

15 commodity that is designed to increase food security 

16 in that country if the President determines that the 

17 activity will not have a significant impact on the ex18 portation of that agricultural commodity from the 

19 United States; or 

20 ‘‘(B) to a country that— 

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

22 International Development Association; 

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

24 International Bank for Reconstruction and De25 velopment; and 


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

2 the agricultural commodity with respect to which 

3 assistance is furnished; or 

4 ‘‘(ii) the President determines is recovering 

5 from widespread conflict, a humanitarian crisis, 

6 or a complex emergency.’’. 

7 SEC. 408. SENSE OF CONGRESS RELATING TO TRANS8 PARENCY FOR EXTRACTIVE INDUSTRIES. 

9 It is the sense of Congress that— 

10 (1) the President should work with foreign gov11 ernments, including members of the Group of 8 and 

12 the Group of 20, to establish domestic requirements 

13 that companies under the jurisdiction of each govern14 ment publicly disclose any payments made to a gov15 ernment relating to the commercial development of 

16 oil, natural gas, and minerals; 

17 (2) the United States Government should commit 

18 to global leadership of transparency in extractive in19 dustries by supporting— 

20 (A) multilateral pro-transparency efforts, 

21 such as the Extractive Industries Transparency 

22 Initiative, in revenue collection, budgeting, ex23 penditure, and wealth management; 


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1 (B) bilateral efforts to promote good govern2 ance in the extractive industries through United 

3 States missions and activities abroad; 

4 (C) the implementation of extractive indus5 tries reporting requirements for companies under 

6 the jurisdiction of the United States; and 

7 (D) efforts to persuade other members of the 

8 Organization for Economic Cooperation and De9 velopment and Asia-Pacific Economic Coopera10 tion to adopt uniform legislation to ensure a co11 ordinated regulatory approach; and 

12 (3) the President should commit the United 

13 States to become a Candidate Country of the Extrac14 tive Industry Transparency Initiative. 

15 SEC. 409. SENSE OF CONGRESS REGARDING CENTRAL ASIA. 

16 It is the Sense of Congress that— 

17 (1) the countries of Central Asia, which include 

18 Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, 

19 and Uzbekistan— 

20 (A) provide vital support to coalition efforts 

21 in Afghanistan; 

22 (B) sit at the crossroads between Europe 

23 and Asia; and 

24 (C) have the potential to link global mar25 kets; 


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1 (2) because of Central Asia’s strategic impor2 tance, the United States should invest resources in the 

3 region to improve relations and promote shared objec4 tives; 

5 (3) it is critical for the United States to continue 

6 to engage with the countries of Central Asia to further 

7 democracy, human rights, and economic prosperity, 

8 including engaging in regional economic integration 

9 efforts with Afghanistan and South Asia; 

10 (4) the United States should engage proactively 

11 in efforts to promote and facilitate the development of 

12 road transportation linkages across Central Asia and 

13 Afghanistan, which are key to stimulating economic 

14 opportunity and trade in the region; and 

15 (5) upon determination by the President that 

16 Kazakhstan and Tajikistan are complying with ap17 plicable freedom of emigration requirements, Congress 

18 should take steps to terminate the applicability of 

19 title IV of the Trade Act of 1974 (19 U.S.C. 2431 et 

20 seq.), also known as the ‘‘Jackson-Vanik amendment’’, 

21 for such countries because of— 

22 (A) their compliance with the law’s provi23 sions; and 

24 (B) their record of cooperation with the 

25 United States in key areas. 


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1 SEC. 410. SENSE OF CONGRESS ON GLOBAL INTERNET 

2 FREEDOM. 

3 It is the Sense of Congress that— 

4 (1) Internet access and freedom are foreign pol5 icy priorities of the United States; 

6 (2) in places where the Internet and other forms 

7 of connective technology are limited, censored, re8 stricted, monitored, distorted, or otherwise denied to 

9 the people, the United States Government, through di10 plomacy and assistance programs, should help to ex11 pand Internet access, develop effective personal and 

12 organizational digital safety and information security 

13 tools, and support freedom of expression, online edu14 cation and networking, and the free flow of informa15 tion over the Internet and other forms of connective 

16 technology worldwide, especially in countries which 

17 impose online limitations, censorship, monitoring, 

18 distortion, and other restrictions on the Internet and 

19 other forms of media, including through the develop20 ment of Internet censorship circumvention tools and 

21 technology. 

22 SEC. 411. GLOBAL HEALTH INITIATIVE. 

23 (a) SENSE OF CONGRESS.—It is the sense of Congress 

24 that— 

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1 mote further advances in global health, in accordance 

2 with the Tom Lantos and Henry J. Hyde United 

3 States Global Leadership Against HIV/AIDS, Tuber4 culosis, and Malaria Reauthorization Act of 2008; 

5 and 

6 (2) in order to promote effective coordination 

7 and management in the field of global health, a full8 time country level coordinator with management ex9 perience should head the interagency country team for 

10 United States missions in each Global Health Initia11 tive Plus country. 

12 (b) REPORT.—Not later than 2 years after the date 

13 of the enactment of this Act, the President shall submit a 

14 report to the appropriate congressional committees that de15 scribes the implementation of the Global Health Initiative, 

16 including— 

17 (1) an assessment of the progress made toward— 

18 (A) implementing a woman- and girl-cen19 tered approach; 

20 (B) increasing the impact of health pro21 grams through strategic coordination and inte22 gration; 

23 (C) leveraging and strengthening relation24 ships with key multilateral organizations, global 

25 health partnerships, and private sector investors; 


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1 (D) encouraging country ownership and in2 vestment in country-led plans; 

3 (E) building sustainable health systems; 

4 (F) making improvements in metrics, moni5 toring, and evaluation; and 

6 (G) promoting research and innovation; 

7 (2) a detailed description of Global Health Ini8 tiative programs and practices in each of the Global 

9 Health Initiative Plus countries; 

10 (3) an aggregated assessment of progress made 

11 toward the declared targets of the Global Health Ini12 tiative; and 

13 (4) a discussion of metrics to be used to measure 

14 progress toward achievement of objectives in the areas 

15 of— 

16 (A) HIV/AIDS; 

17 (B) tuberculosis; 

18 (C) malaria; 

19 (D) maternal health; 

20 (E) child health; 

21 (F) nutrition; 

22 (G) family planning; 

23 (H) neglected tropical diseases; and 

24 (I) health system strengthening. 


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1 SEC. 412. DISCRIMINATION RELATED TO SEXUAL ORIENTA2 TION. 

3 (a) TRACKING VIOLENCE OR CRIMINALIZATION RE4 LATED TO SEXUAL ORIENTATION.—The Assistant Secretary 

5 for Democracy, Human Rights and Labor should designate 

6 a Bureau-based officer or officers who shall be responsible 

7 for tracking violence, criminalization, and restrictions on 

8 the enjoyment of fundamental freedoms, consistent with 

9 United States law, in foreign countries based on actual or 

10 perceived sexual orientation and gender identity. 

11 (b) INTERNATIONAL EFFORTS TO REVISE LAWS CRIM12 INALIZING HOMOSEXUALITY.—The Secretary of State shall 

13 work though appropriate United States Government em14 ployees at United States diplomatic and consular missions 

15 to encourage the governments of other countries to reform 

16 or repeal laws of such countries criminalizing homosex17 uality or consensual homosexual conduct, or restricting the 

18 enjoyment of fundamental freedoms, consistent with United 

19 States law, by homosexual individuals or organizations. 

20 (c) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

21 PRACTICES.—The Foreign Assistance Act of 1961 is amend22 ed— 

23 (1) in section 116(d) (22 U.S.C. 2151n(d))— 

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

25 at the end; 


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1 (B) in paragraph (11), by striking the pe2 riod at the end and inserting ‘‘; and’’; and 

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

4 paragraph: 

5 ‘‘(12) wherever applicable, violence or discrimi6 nation that affects the fundamental freedoms, con7 sistent with United States law, of an individual in 

8 foreign countries that is based on actual or perceived 

9 sexual orientation and gender identity.’’; and 

10 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

11 inserting after the eighth sentence the following new 

12 sentence: ‘‘Wherever applicable, violence or discrimi13 nation that affects the fundamental freedoms, con14 sistent with United States law, of an individual in 

15 foreign countries that is based on actual or perceived 

16 sexual orientation and gender identity.’’. 

17 (d) TRAINING FOR FOREIGN SERVICE OFFICERS.— 

18 Section 708(a) of the Foreign Service Act of 1980 (22 

19 U.S.C. 4028(a)) is amended— 

20 (1) in the matter preceding paragraph (1), by 

21 inserting ‘‘the Secretary for Democracy, Human 

22 Rights and Labor,’’ before ‘‘the Ambassador at 

23 Large’’; 

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

25 end; 


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1 (3) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (4) by adding at the end the following new para4 graph: 

5 ‘‘(4) instruction, in courses covering human 

6 rights reporting and advocacy work, on identifying 

7 violence or discrimination that affects the funda8 mental freedoms, consistent with United States law, 

9 of an individual that is based on actual or perceived 

10 sexual orientation and gender identity.’’. 

11 TITLE V—PEACE CORPS 

12 IMPROVEMENT AND EXPANSION 

13 SEC. 501. SHORT TITLE. 

14 This title may be cited as the ‘‘Peace Corps Improve15 ment and Expansion Act of 2010’’. 

16 SEC. 502. FINDINGS. 

17 Congress makes the following findings: 

18 (1) Firmly established beliefs of the Peace Corps 

19 include the following: 

20 (A) The act of volunteering has inherent 

21 value. 

22 (B) The foreign policy goals of the United 

23 States are advanced by— 

24 (i) contributing to the reduction of 

25 poverty; and 


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1 (ii) fostering international under2 standing. 

3 (2) More than 195,000 volunteers have ably 

4 served in the Peace Corps in 139 countries by— 

5 (A) working towards economic and social 

6 development; and 

7 (B) promoting a better understanding of— 

8 (i) the people of the United States on 

9 the part of the peoples served; and 

10 (ii) other peoples on the part of the 

11 people of the United States. 

12 (3) Today, the importance and necessity is great13 er than ever for the Peace Corps— 

14 (A) to promote global economic and social 

15 development; 

16 (B) to promote understanding and friend17 ship; and 

18 (C) to foster collaboration with inter19 national nongovernmental organizations. 

20 (4) Since 1961, a bipartisan succession of Presi21 dents and Congresses have endorsed the expansion of 

22 the Peace Corps in order— 

23 (A) to meet requests from countries to in24 crease the size of the Peace Corps programs in 

25 their countries; 


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1 (B) to initiate Peace Corps programs in 

2 countries where the Peace Corps does not cur3 rently operate; 

4 (C) to provide more opportunities for the 

5 people of the United States to engage in volun6 teer service abroad; and 

7 (D) to renew dormant Peace Corps pro8 grams. 

9 (5) The purpose of the Peace Corps, as declared 

10 by section 2(a) of the Peace Corps Act (22 U.S.C. 

11 2501(a)), is to promote world peace and friendship by 

12 helping— 

13 (A) the people of interested countries in 

14 meeting their needs for trained men and women, 

15 particularly in meeting the basic needs of those 

16 living in the poorest areas of such countries; 

17 (B) to promote a better understanding of 

18 people of the United States on the part of the 

19 peoples served; and 

20 (C) to promote a better understanding of 

21 other peoples on the part of the people of the 

22 United States. 

23 (6) As the Peace Corps reaches its 50th anniver24 sary in 2011, a new forward-looking strategy should 

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1 ciency of the Peace Corps in pursuing the goals de2 scribed in paragraph (5) by analyzing and account3 ing for the strengths and weaknesses of— 

4 (A) the program model of the Peace Corps; 

5 (B) the current and planned distribution of 

6 Peace Corps volunteers throughout the world; 

7 (C) partnership opportunities and oper8 ations of the Peace Corps; and 

9 (D) recruitment and management practices 

10 of the Peace Corps with respect to the diversity 

11 of Peace Corps volunteers and staff. 

12 SEC. 503. ASSESSMENT AND STRATEGIC PLAN FOR IMPROV13 ING AND EXPANDING PEACE CORPS. 

14 (a) ASSESSMENT.— 

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

16 the date of the enactment of this Act, the Director of 

17 the Peace Corps shall complete the assessment de18 scribed in paragraph (2) to determine how best— 

19 (A) to strengthen the management capabili20 ties and program effectiveness of the Peace 

21 Corps; 

22 (B) to expand opportunities for Peace Corps 

23 volunteers; and 

24 (C) to increase the size of the Peace Corps. 


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1 (2) ASSESSMENT DESCRIBED.—The assessment 

2 described in this paragraph means an assessment 

3 of— 

4 (A) how the purpose of the Peace Corps de5 clared under section 2(a) of the Peace Corps Act 

6 (22 U.S.C. 2501(a)) translates into tangible stra7 tegic plans for the Peace Corps; 

8 (B) the distribution of Peace Corps volun9 teers in country programs, including how and 

10 why volunteers are assigned to various countries 

11 and jurisdictions of within countries; 

12 (C) the most effective and efficient methods 

13 of improving and strengthening activities relat14 ing to the Peace Corps’ goal of promoting a bet15 ter understanding of other peoples on the part of 

16 the people of the United States, including en17 hanced funding to implement, scale, and rep18 licate such activities; 

19 (D) the prospects for partnerships with 

20 international and host country nongovernmental 

21 organizations and other entities to achieve the 

22 goals of the Peace Corps through development 

23 projects; 

24 (E) the adequacy of the current program 

25 model of the Peace Corps and the feasibility of 


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1 program models such as the Peace Corps Re2 sponse Program; 

3 (F) the effectiveness and efficiency of volun4 teer recruitment strategies, including strategies 

5 for recruitment at graduate schools, methods, 

6 and resource allocations used by the Peace Corps; 

7 (G) the effectiveness of the Peace Corps in 

8 recruiting ethnically, socio-economically, and 

9 geographically diverse volunteers with wide10 ranging skills and interests; 

11 (H) the skills and interests of current Peace 

12 Corps volunteers; 

13 (I) options for diversification of the skills 

14 and interests of Peace Corps volunteers, includ15 ing volunteers with skills and interests that re16 late to public health, information technology, 

17 urban planning, social services, communications, 

18 and community organizing; 

19 (J) the Peace Corps volunteer training pro20 grams; 

21 (K) the options available to volunteers to 

22 suspend payment of student loans while serving 

23 in the Peace Corps; 

24 (L) the medical care received by volunteers 

25 while serving in the Peace Corps; 


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1 (M) the procedures of the Peace Corps for 

2 mandatory medical separation of volunteers serv3 ing in the Peace Corps; 

4 (N) the medical screening process for volun5 teers entering service in the Peace Corps, includ6 ing— 

7 (i) the cost to the Peace Corps of pro8 viding full reimbursement for medical tests 

9 under taken by volunteers applying for or 

10 entering service in the Peace Corps; 

11 (ii) expanded information for appli12 cants including potentially disqualifying 

13 medical conditions; and 

14 (iii) the cost of extending the medical 

15 care provided by the Peace Corps to volun16 teers serving in the Peace Corps to include 

17 the 5-month period beginning on the date 

18 on which a volunteer completes service in 

19 the Peace Corps; 

20 (O) the causes of the early termination of 

21 service in the Peace Corps, using the cohort and 

22 other statistically appropriate methods and the 

23 reasons cited by volunteers terminating their 

24 service in the Peace Corps early; 


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1 (P) how the Peace Corps can utilize infor2 mation technology to improve— 

3 (i) program efficiency, effectiveness, 

4 and coordination; and 

5 (ii) communication among volunteers; 

6 (Q) mechanisms for soliciting the views of 

7 volunteers serving in the Peace Corps, on a con8 fidential basis, regarding— 

9 (i) the support provided to such volun10 teers by senior staff of the Peace Corps; and 

11 (ii) the operations of the Peace Corps, 

12 including— 

13 (I) staffing decisions; 

14 (II) site selection; 

15 (III) language training; 

16 (IV) country programs; and 

17 (V) dialogue with host country 

18 partners and ministries; 

19 (R) mechanisms for incorporating the views 

20 of volunteers referred to in subparagraph (Q) 

21 into programming and management decisions of 

22 the Peace Corps; and 

23 (S) the adequacy of various post-service 

24 benefits for volunteers and the potential impact 


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1 of such benefits on increasing, diversifying, and 

2 improving the pool of Peace Corps applicants. 

3 (3) METHOD.—The assessment required under 

4 this subsection shall— 

5 (A) be built on a review of past experiences 

6 and studies; and 

7 (B) draw on the knowledge of— 

8 (i) current Peace Corps volunteers and 

9 staff, at all levels of seniority; 

10 (ii) returned Peace Corps volunteers 

11 and staff; and 

12 (iii) host country nationals and offi13 cials who have worked closely with Peace 

14 Corps volunteers. 

15 (b) STRATEGIC PLAN.— 

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

17 the date of the enactment of this Act, the Director of 

18 the Peace Corps shall develop, based on the assessment 

19 required under subsection (a), a strategic plan for the 

20 Peace Corps that— 

21 (A) encompasses the findings of the Director 

22 with respect to such assessment; and 

23 (B) includes the matters described in para24 graph (2). 


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1 (2) MATTERS DESCRIBED.—The matters de2 scribed in this paragraph are— 

3 (A) 1-year and 5-year goals and bench4 marks for the Peace Corps that address— 

5 (i) each matter included in the assess6 ment required under subsection (a); and 

7 (ii) such other matters as the Director 

8 considers appropriate; and 

9 (B) strategies for— 

10 (i) distributing volunteers to countries 

11 in which they have maximum value-added 

12 for the host country, for the United States, 

13 and for the volunteers themselves; 

14 (ii) identifying countries with strategic 

15 value to Peace Corps goals, currently not 

16 served or dormant, and proposals for start17 ing new country programs or re-activating 

18 dormant programs, as well as countries 

19 with less strategic relevance to Peace Corps 

20 goals, including proposals for reducing or 

21 closing such country programs; 

22 (iii) balancing the Peace Corps’ inde23 pendence with its need to remain relevant 

24 to broader United States foreign goals; and 


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1 (iv) ensuring that Peace Corps oper2 ations and goals are not adversely affected 

3 in situations where the bilateral relation4 ship between the host country and the 

5 United States is problematic. 

6 (c) REPORT.— 

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

8 the date of the enactment of this Act, the Director of 

9 the Peace Corps shall submit a report to the appro10 priate congressional committees that includes— 

11 (A) the findings of the Director with respect 

12 to the assessment required under subsection (a); 

13 and 

14 (B) the strategic plan developed under sub15 section (b). 

16 (2) APPROPRIATE CONGRESSIONAL COMMITTEES

17 DEFINED.—In this subsection, the term ‘‘appropriate 

18 congressional committees’’ means— 

19 (A) the Committee on Foreign Relations of 

20 the Senate; 

21 (B) the Committee on Appropriations of the 

22 Senate; 

23 (C) the Committee on Foreign Affairs of the 

24 House of Representatives; and 


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1 (D) the Committee on Appropriations of the 

2 House of Representatives. 

3 SEC. 504. SENSE OF CONGRESS ON NUMBER OF PRESI4 DENTIAL APPOINTMENTS UNDER PEACE 

5 CORPS ACT. 

6 It is the sense of Congress that, except for appoint7 ments made under section 12 of the Peace Corps Act (22 

8 U.S.C. 2511), the President should not make more than 15 

9 concurrent appointments under such Act (22 U.S.C. 2501 

10 et seq.). 

11 TITLE VI—AUTHORIZATION OF 

12 APPROPRIATIONS 

13 Subtitle A—Department of State 

14 SEC. 601. ADMINISTRATION OF FOREIGN AFFAIRS. 

15 (a) IN GENERAL.—The following amounts are author16 ized to be appropriated under ‘‘Administration of Foreign 

17 Affairs’’ for the Department of State to carry out the au18 thorities, functions, duties, and responsibilities in the con19 duct of foreign affairs of the United States, and for other 

20 purposes authorized by law: 

21 (b) DIPLOMATIC AND CONSULAR PROGRAMS.— 

22 (1) IN GENERAL.—There is authorized to be ap23 propriated for fiscal year 2011, for ‘‘Diplomatic and 

24 Consular Programs’’, $9,545,221,000, of which— 


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1 (A) $1,560,700,000 is authorized to be ap2 propriated for worldwide security protection; 

3 and 

4 (B) $567,570,000 is authorized to be appro5 priated for public diplomacy. 

6 (2) TRANSFERS.— 

7 (A) TO EMERGENCIES ACCOUNT.—Of the 

8 amounts authorized to be appropriated under 

9 paragraph (1), up to $10,000,000 may be trans10 ferred to, and merged with amounts in, the 

11 ‘‘Emergencies in the Diplomatic and Consular 

12 Service Account’’. 

13 (B) FROM EMERGENCIES ACCOUNT.—Of the 

14 amounts authorized to be appropriated for fiscal 

15 year 2011 for the ‘‘Emergencies in the Diplo16 matic and Consular Service Account,’’ up to 

17 $1,000,000 may be transferred to, and merged 

18 with amounts in, the ‘‘Repatriation Loans Pro19 gram Account’’. 

20 (c) CAPITAL INVESTMENT FUND.—There is authorized 

21 to be appropriated $144,100,000 for fiscal year 2011 for 

22 ‘‘Capital Investment Fund’’, . 

23 (d) EMBASSY SECURITY, CONSTRUCTION, AND MAIN24 TENANCE.—There is authorized to be appropriated for fiscal 

25 year 2011— 


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1 (1) $857,300,000 for ongoing operations; and 

2 (2) $824,200,000 for worldwide security up3 grades. 

4 (e) CIVILIAN STABILIZATION INITIATIVE.—There is au5 thorized to be appropriated $184,000,000 for fiscal year 

6 2011, for ‘‘Civilian Stabilization Initiative’’. 

7 (f) EDUCATIONAL AND CULTURAL EXCHANGE PRO8 GRAMS.—There is authorized to be appropriated for fiscal 

9 year 2011, for ‘‘Educational and Cultural Exchange Pro10 grams’’, $633,200,000, of which— 

11 (1) $750,000 may be used to carry out the Ti12 betan scholarship program established under section 

13 103(b)(1) of the Human Rights, Refugee, and Other 

14 Foreign Relations Provisions Act of 1996 (Public 

15 Law 104–319); and 

16 (2) $650,000 may be used for the ‘‘Ngawang 

17 Choepel Exchange Programs’’ (formerly known as 

18 ‘‘programs of educational and cultural exchange be19 tween the United States and the people of Tibet’’) 

20 under section 103(a) of such Act. 

21 (g) REPRESENTATION ALLOWANCES.—There is author22 ized to be appropriated $8,175,000 for fiscal year 2011 for 

23 ‘‘Representation Allowances’’. 

24 (h) PROTECTION OF FOREIGN MISSIONS AND OFFI25 CIALS.—There is authorized to be appropriated $27,200,000 


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1 for fiscal year 2011 for ‘‘Protection of Foreign Missions and 

2 Officials’’. 

3 (i) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

4 SERVICE.—There is authorized to be appropriated 

5 $11,000,000 for fiscal year 2011 for ‘‘Emergencies in the 

6 Diplomatic and Consular Service’’. 

7 (j) REPATRIATION LOANS.—There is authorized to be 

8 appropriated $1,450,000 for fiscal year 2011, for ‘‘Repatri9 ation Loans’’. 

10 (k) PAYMENT TO THE AMERICAN INSTITUTE IN TAI11 WAN.—There is authorized to be appropriated $21,420,000 

12 for fiscal year 2011 for ‘‘Payment to the American Institute 

13 in Taiwan’’. 

14 (l) OFFICE OF THE INSPECTOR GENERAL.—There is 

15 authorized to be appropriated for fiscal year 2011, for ‘‘Of16 fice of the Inspector General’’, $120,152,000, of which— 

17 (1) $22,125 ,000 is authorized to be appro18 priated for the Special Inspector General for Iraq Re19 construction; and 

20 (2) $35,287,000 is authorized to be appropriated 

21 for the Special Inspector General for Afghanistan Re22 construction. 


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1 SEC. 602. INTERNATIONAL ORGANIZATIONS AND CON2 FERENCES. 

3 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

4 ORGANIZATIONS.—There is authorized to be appropriated 

5 to the Department of State for fiscal year 2011, for ‘‘Con6 tributions to International Organizations’’, $1,595,430,000 

7 to carry out— 

8 (1) the authorities, functions, duties, and respon9 sibilities in the conduct of the foreign affairs of the 

10 United States with respect to international organiza11 tions; and 

12 (2) other authorized activities relating to such 

13 purposes. 

14 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE15 KEEPING ACTIVITIES.—There is authorized to be appro16 priated to the Department of State for fiscal year 2011, for 

17 ‘‘Contributions for International Peacekeeping Activities’’, 

18 $2,182,300,000, which— 

19 (1) shall be used to carry out— 

20 (A) the authorities, functions, duties, and 

21 responsibilities of the United States with respect 

22 to international peacekeeping activities; and 

23 (B) other authorized activities relating to 

24 such purposes; and 

25 (2) shall remain available until expended. 

26 (c) FOREIGN CURRENCY EXCHANGE RATE.— 


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1 (1) IN GENERAL.—In addition to amounts au2 thorized to be appropriated under this section, there 

3 are authorized to be appropriated such sums as may 

4 be necessary for fiscal year 2011 to offset adverse fluc5 tuations in foreign currency exchange rates. 

6 (2) LIMITATION.—Amounts appropriated pursu7 ant to this subsection shall be available for obligation 

8 and expenditure only to the extent that the Director 

9 of the Office of Management and Budget determines 

10 and certifies to Congress that such amounts are nec11 essary due to the fluctuations described in paragraph 

12 (1). 

13 SEC. 603. INTERNATIONAL COMMISSIONS. 

14 (a) IN GENERAL.—The following amounts are author15 ized to be appropriated under ‘‘International Commissions’’ 

16 for the Department of State to carry out the authorities, 

17 functions, duties, and responsibilities in the conduct of the 

18 foreign affairs of the United States with respect to inter19 national commissions and for other purposes authorized by 

20 law: 

21 (b) INTERNATIONAL BOUNDARY AND WATER COMMIS22 SION, UNITED STATES AND MEXICO.—There are authorized 

23 to be appropriated for fiscal year 2011, for ‘‘International 

24 Boundary and Water Commission, United States and Mex25 ico’’— 


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1 (1) $47,431,000 for ‘‘Salaries and Expenses’’; 

2 and 

3 (2) $26,900,000 for ‘‘Construction’’. 

4 (c) INTERNATIONAL BOUNDARY COMMISSION, UNITED

5 STATES AND CANADA.—There is authorized to be appro6 priated $2,422,000 for fiscal year 2011 for ‘‘International 

7 Boundary Commission, United States and Canada’’. 

8 (d) INTERNATIONAL JOINT COMMISSION.—There is au9 thorized to be appropriated $7,631,000 for fiscal year 2011 

10 for ‘‘International Joint Commission’’. 

11 (e) INTERNATIONAL FISHERIES COMMISSIONS.— 

12 (1) IN GENERAL.—There is authorized to be ap13 propriated $43,600,000 for fiscal year 2011 for 

14 ‘‘International Fisheries Commissions’’. 

15 (2) PACIFIC SALMON TREATY.—Of the amounts 

16 authorized to be appropriated for fiscal year 2011 for 

17 ‘‘International Fisheries Commissions’’, up to 

18 $15,000,000 may be used in each fiscal year to make 

19 such payments to Canada as may be necessary to ful20 fill United States obligations under the Pacific Salm21 on Treaty. 

22 SEC. 604. MIGRATION AND REFUGEE ASSISTANCE. 

23 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

24 authorized to be appropriated for fiscal year 2011, for auVerDate Mar 15 2010 22:58 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6203 E:\BILLS\S2971.RS S2971

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1 thorized activities for ‘‘Migration and Refugee Assistance’’, 

2 $1,605,400,000— 

3 (1) of which $25,000,000 may be used for the re4 settlement of humanitarian migrants to Israel; and 

5 (2) which shall remain available until expended. 

6 (b) EMERGENCY REFUGEE AND MIGRATION ASSIST7 ANCE ACCOUNT.—Section 2(c)(2) of the Migration and Ref8 ugee Assistance Act of 1962 (22 U.S.C. 2601(c)(2)) is 

9 amended by striking ‘‘$100,000,000’’ and inserting 

10 ‘‘$200,000,000.’’. 

11 SEC. 605. CENTERS AND FOUNDATIONS. 

12 (a) ASIA FOUNDATION.—There is authorized to be ap13 propriated $15,690,000 for fiscal year 2011 to carry out 

14 authorized activities for ‘‘The Asia Foundation’’. 

15 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.—There 

16 is authorized to be appropriated $105,000,000 for fiscal 

17 year 2011 to carry out authorized activities for ‘‘National 

18 Endowment for Democracy’’. 

19 (c) CENTER FOR CULTURAL AND TECHNICAL INTER20 CHANGE BETWEEN EAST AND WEST.—There is authorized 

21 to be appropriated $11,400,000 for fiscal year 2011 to carry 

22 out authorized activities for ‘‘Center for Cultural and Tech23 nical Interchange Between East and West’’. 


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1 Subtitle B—United States Inter2 national Broadcasting Activities 

3 SEC. 611. AUTHORIZATION OF APPROPRIATIONS. 

4 There are authorized to be appropriated to carry out 

5 United States Government international broadcasting ac6 tivities under the United States Information and Edu7 cational Exchange Act of 1948, the Radio Broadcasting to 

8 Cuba Act, the Television Broadcasting to Cuba Act, the 

9 United States International Broadcasting Act of 1994, and 

10 the Foreign Affairs Reform and Restructuring Act of 1998, 

11 and to carry out other authorities in law related to such 

12 purposes— 

13 (1) $755,143,000 for fiscal year 2011 for ‘‘Inter14 national Broadcasting Operations’’; and 

15 (2) $13,635,000 for the fiscal year 2011 for 

16 ‘‘Broadcasting Capital Improvements’’. 

17 Subtitle C—Peace Corps 

18 SEC. 621. AUTHORIZATION OF APPROPRIATIONS. 

19 Section 3(b)(1) of the Peace Corps Act (22 U.S.C. 

20 2502(b)(1)) is amended to read as follows: 

21 ‘‘(1) There is authorized to be appropriated 

22 $446,150,000 for fiscal year 2011 to carry out the 

23 purposes of this chapter.’’. 


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Calendar No. 585 

111TH CONGRESS 

2D SESSION S. 2971 

[Report No. 111–301] 

A BILL 

To authorize certain authorities by the Department 

of State, and for other purposes. 

SEPTEMBER 23, 2010 

Reported with an amendment 


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