244 
(1) ACTIVITIES IN A COUNTRY.—Not less than 15 
days before obligating funds for activities in any 
country under the program authorized under sub-
section (a), the Secretary of State shall submit to the 
congressional committees specified in paragraph (2) a 
notice of the following: 
(A) The country whose capacity to engage 
in activities in subsection (a) will be assisted. 
(B) The budget, implementation timeline 
with milestones, and completion date for com-
pleting the activities. 
(2) SPECIFIED CONGRESSIONAL COMMITTEES.— 
The congressional committees specified in this para-
graph are the following: 
(A) The Committee on Foreign Affairs and 
the Committee on Appropriations of the House of 
Representatives. 
(B) The Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be ap-
propriated to the Secretary of State $25,000,000 for 
each of the fiscal years 2010 and 2011 to conduct the 
program authorized by subsection (a). 
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(2) USE OF FMF FUNDS.—The Secretary of State 
may use up to $25,000,000 of funds available under 
the Foreign Military Financing program for each of 
the fiscal years 2010 and 2011 to conduct the pro-
gram authorized under subsection (a). 
(3) AVAILABILITY
AND
REFERENCE.—Amounts 
made available to conduct the program authorized 
under subsection (a)— 
(A) are authorized to remain available until 
expended; and 
(B) may be referred to as the ‘‘Security As-
sistance Contingency Fund’’. 
SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND. 
(a) IN GENERAL.—Section 51(a) of the Arms Export 
Control Act (22 U.S.C. 2795(a)) is amended— 
(1) in paragraph (1), by striking ‘‘Special De-
fense Acquisition Fund’’ and inserting ‘‘Foreign Mili-
tary Sales Stockpile Fund’’; and 
(2) in paragraph (4), by inserting ‘‘building the 
capacity of recipient countries and’’ before ‘‘narcotics 
control purposes’’. 
(b) CONTENTS OF FUND.—Section 51(b) of the Arms 
Export Control Act (22 U.S.C. 2795(b)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
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(2) in paragraph (3), by inserting ‘‘and’’ at the 
end; and 
(3) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) collections from leases made pursuant to 
section 61 of this Act,’’. 
(c) CONFORMING AMENDMENTS.—(1) The heading of 
section 51 of the Arms Export Control Act is amended by 
striking ‘‘SPECIAL DEFENSE ACQUISITION FUND’’ and in-
serting ‘‘FOREIGN MILITARY SALES STOCKPILE FUND’’. 
(2) The heading of chapter 5 of the Arms Export Con-
trol Act is amended by striking ‘‘SPECIAL DEFENSE 
ACQUISITION FUND’’ and inserting ‘‘FOREIGN 
MILITARY SALES STOCKPILE FUND’’. 
SEC. 843. ANNUAL ESTIMATE AND JUSTIFICATION FOR FOR-
EIGN MILITARY SALES PROGRAM. 
Section 25(a)(1) of the Arms Export Control Act (22 
U.S.C. 2765(a)(1)) is amended by striking ‘‘, together with 
an indication of which sales and licensed commercial ex-
ports’’ and inserting ‘‘and’’. 
SEC. 844. SENSE OF CONGRESS ON THE GLOBAL ARMS 
TRADE. 
It is the sense of Congress that— 
(1) the United States, as the world’s largest ex-
porter of conventional weapons, has a special obliga-
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247 
tion to promote responsible practices in the global 
arms trade and should actively work to prevent con-
ventional weapons from being used to perpetrate— 
(A) breaches of the United Nations Charter 
relating to the use of force; 
(B) gross violations of international human 
rights; 
(C) serious violations of international hu-
manitarian law; 
(D) acts of genocide or crimes against hu-
manity; 
(E) acts of terrorism; and 
(F) destabilizing buildups of military forces 
and weapons; and 
(2) the United States should actively engage in 
the development of a legally binding treaty estab-
lishing common international standards for the im-
port, export, and transfer of conventional weapons. 
SEC. 845. REPORT ON UNITED STATES’ COMMITMENTS TO 
THE SECURITY OF ISRAEL. 
(a) INITIAL REPORT.—Not later than 30 days after the 
date of the enactment of this Act, the President shall trans-
mit to the appropriate congressional committees a report 
that contains— 
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(1) a complete, unedited, and unredacted copy of 
each assurance made by United States Government 
officials to officials of the Government of Israel re-
garding Israel’s security and maintenance of Israel’s 
qualitative military edge, as well as any other assur-
ance regarding Israel’s security and maintenance of 
Israel’s qualitative military edge provided in conjunc-
tion with exports under the Arms Export Control Act 
(22 U.S.C. 2751 et seq.), for the period beginning on 
January 1, 1975, and ending on the date of the enact-
ment of this Act; and 
(2) an analysis of the extent to which, and by 
what means, each such assurance has been and is con-
tinuing to be fulfilled. 
(b) SUBSEQUENT REPORTS.— 
(1) NEW
ASSURANCES
AND
REVISIONS.—The 
President shall transmit to the appropriate congres-
sional committees a report that contains the informa-
tion required under subsection (a) with respect to— 
(A) each assurance described in subsection 
(a) made on or after the date of the enactment 
of this Act, or 
(B) revisions to any assurance described in 
subsection (a) or subparagraph (A) of this para-
graph, 
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249 
within 15 days of the new assurance or revision being 
conveyed. 
(2) 5-YEAR REPORTS.—Not later than 5 years 
after the date of the enactment of this Act, and every 
5 years thereafter, the President shall transmit to the 
appropriate congressional committees a report that 
contains the information required under subsection 
(a) with respect to each assurance described in sub-
section (a) or paragraph (1)(A) of this subsection and 
revisions to any assurance described in subsection (a) 
or paragraph (1)(A) of this subsection during the pre-
ceding 5-year period. 
(c) FORM.—Each report required by this section shall 
be transmitted in unclassified form, but may contain a clas-
sified annex, if necessary. 
SEC. 846. WAR RESERVES STOCKPILE. 
(a) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 
2005.—Section 12001(d) of the Department of Defense Ap-
propriations Act, 2005 (Public Law 108–287; 118 Stat. 
1011), is amended by striking ‘‘4’’ and inserting ‘‘7’’. 
(b) FOREIGN ASSISTANCE ACT
OF 1961.—Section 
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321h(b)(2)(A)) is amended by striking ‘‘fiscal years 
2007 and 2008’’ and inserting ‘‘fiscal years 2010 and 
2011’’. 
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250 
SEC. 847. EXCESS DEFENSE ARTICLES FOR CENTRAL AND 
SOUTH EUROPEAN COUNTRIES AND CERTAIN 
OTHER COUNTRIES. 
Section 516(e) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j(e)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 
(2) in paragraph (2), in the heading by striking 
‘‘EXCEPTION’’ and inserting ‘‘GENERAL EXCEPTION’’; 
and 
(3) by adding at the end the following new para-
graph: 
‘‘(3) EXCEPTION FOR SPECIFIC COUNTRIES.—For 
fiscal years 2010 and 2011, the President may pro-
vide for the crating, packing, handling, and transpor-
tation of excess defense articles transferred under the 
authority of this section to Albania, Afghanistan, 
Bulgaria, Croatia, Estonia, Macedonia, Georgia, 
India, Iraq, Israel, Kazakhstan, Kyrgyzstan, Latvia, 
Lithuania, Moldova, Mongolia, Pakistan, Romania, 
Slovakia, Tajikistan, Turkmenistan, and Ukraine.’’. 
SEC. 848. SUPPORT TO ISRAEL FOR MISSILE DEFENSE. 
(a) AUTHORIZATION OF ASSISTANCE.—Of the amounts 
authorized to be appropriated to carry out this Act, there 
are authorized to be appropriated such sums as may be nec-
essary for co-development of joint ballistic missile, medium 
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251 
and short-range projectile defense projects with Israel, in-
cluding— 
(1) complete accelerated co-production of Arrow 
missiles; 
(2) system development of the Israel Missile De-
fense Organization program to develop a short-range 
ballistic missile defense capability, David’s Sling 
weapon system, and integrate the weapon system with 
the ballistic missile defense system and force protec-
tion efforts of the United States; and 
(3) research, development, and test and evalua-
tion of the Iron Dome short-range projectile defense 
system. 
(b) REPORT AND STRATEGY.— 
(1) REQUIREMENT.—Not later than 180 days 
after the date of the enactment of this Act, and annu-
ally thereafter in connection with the submission of 
congressional presentation materials for the foreign 
operations appropriations and defense appropriations 
budget request, the Secretary of State, in consultation 
with the Secretary of Defense, shall submit to the ap-
propriate congressional committees a report regarding 
the activities authorized under subsection (a)(1). 
(2) CLASSIFIED
ANNEX.—The report required 
under paragraph (1) shall be submitted in unclassi-
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fied form to the maximum extent practicable, but 
may include a classified annex, if necessary. 
(3) DEFINITION
OF
APPROPRIATE
CONGRES-
SIONAL COMMITTEES.—In this subsection, the term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on Foreign Affairs and 
the Committee on Armed Services of the House 
of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Armed Services in the 
Senate. 
TITLE IX—ACTIONS TO ENHANCE 
THE MERIDA INITIATIVE 
Subtitle A—General Provisions 
SEC. 901. COORDINATOR OF UNITED STATES GOVERNMENT 
ACTIVITIES TO IMPLEMENT THE MERIDA INI-
TIATIVE. 
(a) DECLARATION OF POLICY.—Congress declares that 
the Merida Initiative is a Department of State-led initia-
tive which combines the programs of numerous United 
States Government departments and agencies and therefore 
requires a single individual to coordinate and track all 
Merida Initiative-related efforts government-wide to avoid 
duplication, coordinate messaging, and facilitate account-
ability to and communication with Congress. 
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253 
(b) DESIGNATION OF HIGH-LEVEL COORDINATOR.— 
(1) IN GENERAL.—The President shall designate, 
within the Department of State, a Coordinator of 
United States Government Activities to Implement 
the Merida Initiative (hereafter in this section re-
ferred to as the ‘‘Coordinator’’) who shall be respon-
sible for— 
(A) designing and shaping an overall strat-
egy for the Merida Initiative; 
(B) ensuring program and policy coordina-
tion among United States Government depart-
ments and agencies in carrying out the Merida 
Initiative, 
including 
avoiding 
duplication 
among programs and ensuring that a consistent 
message emanates from the United States Gov-
ernment; 
(C) ensuring that efforts of the United 
States Government are in full consonance with 
the efforts of the countries within the Merida Ini-
tiative; 
(D) tracking, in coordination with the rel-
evant officials of the Department of Defense and 
other departments and agencies, United States 
assistance programs that fulfill the goals of the 
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254 
Merida Initiative or are closely related to the 
goals of the Merida Initiative; 
(E) to the extent possible, tracking informa-
tion required under the second section 620J of 
the Foreign Assistance Act of 1961 (22 U.S.C. 
2378d) (as added by section 651 of division J of 
Public Law 110–161) with respect to countries 
participating in the Merida Initiative; and 
(F) consulting with the Attorney General 
and the Secretary of Homeland Security with re-
spect to the activities of Federal, State, and local 
law enforcement authorities in the United States 
relating to the goals of the Merida Initiative, 
particularly along the United States-Mexico bor-
der. 
(2) RANK AND STATUS OF THE COORDINATOR.— 
The Coordinator should have the rank and status of 
ambassador. 
(3) COUNTRIES WITHIN THE MERIDA INITIATIVE 
DEFINED.—The term ‘‘countries within the Merida 
Initiative’’ means Belize, Costa Rica, El Salvador, 
Guatemala, Honduras, Mexico, Nicaragua, and Pan-
ama and includes Haiti and the Dominican Repub-
lic. 
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SEC. 902. ADDING THE CARIBBEAN TO THE MERIDA INITIA-
TIVE. 
(a) FINDINGS.—Congress finds the following: 
(1) The illicit drug trade—which has taken a 
toll on the small countries of the Caribbean Commu-
nity (CARICOM) for many years—is now moving 
even more aggressively into these countries. 
(2) A March 2007 joint report by the United Na-
tions Office on Drugs and Crime (UNODC) and the 
World Bank noted that murder rates in the Carib-
bean—at 30 per 100,000 population annually—are 
higher than for any other region of the world and 
have risen in recent years for many of the region’s 
countries. The report also argues that the strongest ex-
planation for the high crime and violence rates in the 
Caribbean and their rise in recent years is drug traf-
ficking. 
(3) If the United States does not move quickly to 
provide Merida Initiative assistance to the CARICOM 
countries, the positive results of the Merida Initiative 
in Mexico and Central America will move the drug 
trade deeper into the Caribbean and multiply the al-
ready alarming rates of violence. 
(b) CONSULTATIONS.—Not later than 30 days after the 
date of the enactment of this Act, the Secretary of State 
is authorized to consult with the countries of the Caribbean 
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Community (CARICOM) in preparation for their inclusion 
into the Merida Initiative. 
(c) INCORPORATION OF CARICOM COUNTRIES INTO 
THE MERIDA INITIATIVE.—The President is authorized to 
incorporate the CARICOM countries into the Merida Ini-
tiative. 
SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUA-
TION MECHANISM. 
(a) DEFINITIONS.—In this section: 
(1) IMPACT EVALUATION RESEARCH.—The term 
‘‘impact evaluation research’’ means the application 
of research methods and statistical analysis to meas-
ure the extent to which change in a population-based 
outcome can be attributed to program intervention in-
stead of other environmental factors. 
(2) OPERATIONS RESEARCH.—The term ‘‘oper-
ations research’’ means the application of social 
science research methods, statistical analysis, and 
other appropriate scientific methods to judge, com-
pare, and improve policies and program outcomes, 
from the earliest stages of defining and designing pro-
grams through their development and implementa-
tion, with the objective of the rapid dissemination of 
conclusions and concrete impact on programming. 
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(3) PROGRAM MONITORING.—The term ‘‘program 
monitoring’’ means the collection, analysis, and use of 
routine program data to determine how well a pro-
gram is carried out and how much the program costs. 
(b) SENSE OF CONGRESS.—It is the sense of Congress 
that— 
(1) to successfully support building the capacity 
of recipient countries’ civilian security institutions, 
enhance the rule of law in recipient countries, and 
ensure the protection of human rights, the President 
should establish a program to conduct impact evalua-
tion research, operations research, and program mon-
itoring to ensure effectiveness of assistance provided 
under the Merida Initiative; 
(2) long-term solutions to the security problems 
of Merida recipient countries depend on increasing 
the effectiveness and responsiveness of their civilian 
institutions, including their judicial system; 
(3) a specific program of impact evaluation re-
search, operations research, and program monitoring, 
established at the inception of the program, is re-
quired to permit assessment of the operational effec-
tiveness of the impact of United States assistance to-
wards these goals; and 
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(4) the President, in developing performance 
measurement methods under the impact evaluation 
research, operations research, and program moni-
toring, should consult with the appropriate congres-
sional committees as well as the governments of 
Merida recipient countries. 
(c) IMPACT EVALUATION RESEARCH, OPERATION RE-
SEARCH, AND PROGRAM MONITORING OF ASSISTANCE.— 
The President shall establish and implement a program to 
assess the effectiveness of assistance provided under the 
Merida Initiative through impact evaluation research on a 
selected set of programmatic interventions, operations re-
search in areas to ensure efficiency and effectiveness of pro-
gram implementation, and monitoring to ensure timely and 
transparent delivery of assistance. 
(d) REQUIREMENTS.—The program required under 
subsection (c) shall include— 
(1) a delineation of key impact evaluation re-
search and operations research questions for main 
components of assistance provided under the Merida 
Initiative; 
(2) an identification of measurable performance 
goals for each of the main components of assistance 
provided under the Merida Initiative, to be expressed 
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in an objective and quantifiable form at the inception 
of the program; 
(3) the use of appropriate methods, based on rig-
orous social science tools, to measure program impact 
and operational efficiency; and 
(4) adherence to a high standard of evidence in 
developing recommendations for adjustments to such 
assistance to enhance the impact of such assistance. 
(e) CONSULTATION WITH CONGRESS.—Not later than 
60 days after the date of the enactment of this Act, the 
President shall brief and consult with the appropriate con-
gressional committees regarding the progress in establishing 
and implementing the program required under subsection 
(c). 
(f) AUTHORIZATION
OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated for the Merida Ini-
tiative, up to five percent of such amounts is authorized 
to be appropriated to carry out this section. 
(g) REPORT.— 
(1) IN GENERAL.—Not later than 180 days after 
the date of the enactment of this section and not later 
than December 1 of each year thereafter, the President 
shall transmit to the appropriate congressional com-
mittees a report regarding programs and activities 
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313 
(1) detailed assessments concerning each foreign 
country in which acts of unfair business and invest-
ment practices or other actions that have resulted in 
poor business and investment climates were, in the 
opinion of the Director General of the Foreign Com-
mercial Service, of major significance; 
(2) all relevant information about such unfair 
business and investment practices or other actions 
during the preceding year by members of the business 
community, the judiciary, and the government of such 
country which may have impeded United States busi-
ness or investment in such country, including the ca-
pacity for United States citizens to operate their busi-
nesses without fear of reprisals; and 
(3) information on— 
(A) the extent to which the government of 
such country is working to prevent unfair busi-
ness and investment practices; and 
(B) the extent of United States Government 
action to prevent unfair business and investment 
practices or other actions that harm United 
States business or investment interests in rel-
evant cases in such country. 
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