spond to international crises and instability in for-
eign countries that threaten key United States for-
eign policy and national security interests; and 
(3) ensure that before being assigned to assign-
ments requiring new or improved skills, members of 
the Foreign Service, other than foreign national em-
ployees and consular agents (as such terms are de-
fined in section 103 of the Foreign Service Act of 
1980 (22 U.S.C. 3903)), as appropriate, receive lan-
guage, security, area, and other training that is nec-
essary to successfully execute their responsibilities 
and to enable such members to obtain advanced and 
other education that will increase the capacity of the 
Foreign Service to complete its mission. 
(b) AUTHORIZED INCREASES.— 
(1) AT
THE
DEPARTMENT
OF
STATE.—The 
Secretary of State is authorized to hire an additional 
750 members of the Foreign Service (above attri-
tion) in fiscal year 2010 over the number of such 
members employed as of September 30, 2009, and 
an additional 750 members of the Foreign Service 
(above attrition) in fiscal year 2011 over the number 
of such members employed as of September 30, 
2010.
(2) AT
USAID.—The Administrator of the 
United States Agency for International Development 
is authorized to hire an additional 350 members of 
the Foreign Service (above attrition) in fiscal year 
2010 over the number of such members employed as 
of September 30, 2009, and an additional 350 mem-
bers of the Foreign Service (above attrition) in fiscal 
year 2011 over the number of such members em-
ployed as of September 30, 2010. 
(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be construed as limiting the author-
ity of the Secretary of State or the Administrator of 
the United States Agency for International Develop-
ment to hire personnel. 
(c) EXPANSION OF FUNCTIONS OF THE FOREIGN 
SERVICE.—Section 104 of the Foreign Service Act of 
1980 (22 U.S.C. 3904) is amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (3) and (4), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing new paragraph: 
‘‘(2) work actively to prevent, mitigate, and re-
spond in a timely manner to international crises and 
instability in foreign countries that threaten the key
100 
United States foreign policy and national security 
interests;’’. 
(d) WORLDWIDE AVAILABILITY.—Section 301(b) of 
the Foreign Service Act of 1980 (22 U.S.C. 3941(b)) is 
amended— 
(1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 
and 
(2) by adding at the end the following new 
paragraph: 
‘‘(2)(A) Except as provided in subparagraphs (B) 
and (C), at the time of entry into the Service, each mem-
ber of the Service shall be available to be assigned world-
wide. 
‘‘(B) With respect to the medical eligibility of any ap-
plicant for appointment as a Foreign Service officer can-
didate, the Secretary of State shall determine such avail-
ability through appropriate medical examinations. If based 
on such examinations the Secretary determines that such 
applicant is ineligible to be assigned worldwide, the Sec-
retary may waive the worldwide availability requirement 
under subparagraph (A) if the Secretary determines that 
such waiver is required to fulfill a compelling Service need. 
The Secretary shall establish an internal administrative 
review process for medical ineligibility determinations.
101 
‘‘(C) The Secretary may also waive or reduce the 
worldwide availability requirement under subparagraph 
(A) if the Secretary determines, in the Secretary’s discre-
tion, that such waiver or reduction is warranted.’’. 
(e) RECRUITING CANDIDATES WHO HAVE EXPERI-
ENCE IN UNSTABLE SITUATIONS.—Section 301 of the 
Foreign Service Act of 1980 (22 U.S.C. 3941), as amend-
ed by section 212(c) of this division, is further amended 
by adding at the end the following new subsection: 
‘‘(f) EXPERIENCE IN UNSTABLE SITUATIONS.—The 
fact that an applicant for appointment as a Foreign Serv-
ice officer candidate has the experience of working in situ-
ations where public order has been undermined by insta-
bility, or where there is no civil authority that can effec-
tively provide public safety, may be considered an affirma-
tive factor in making such appointments.’’. 
(f) TRAINING.—Section 708 of the Foreign Service 
Act of 1980 (22 U.S.C. 4028) is amended by adding at 
the end the following new subsections: 
‘‘(c) The Secretary of State shall ensure that mem-
bers of the Service, other than foreign national employees 
and consular agents, as appropriate, receive training on 
methods for conflict mitigation and resolution and on the 
necessary skills to be able to function successfully where 
public order has been undermined by instability or where
102 
there is no civil authority that can effectively provide pub-
lic safety. 
‘‘(d) The Secretary of State shall ensure that mem-
bers of the Service, other than foreign national employees 
and consular agents, as appropriate, have opportunities 
during their careers to obtain advanced education and 
training in academic and other relevant institutions in the 
United States and abroad to increase the capacity of the 
Service to fulfill its mission.’’. 
SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DE-
VELOPMENT. 
(a) DEVELOPMENT OF NATIONAL STRATEGY ON DI-
PLOMACY AND DEVELOPMENT.— 
(1) IN GENERAL.—Not later than December 1, 
2010, the President shall develop and transmit to 
the appropriate congressional committees a national 
strategy on United States diplomacy and develop-
ment. The strategy shall include the following: 
(A) An identification of key objectives and 
missions for United States foreign policy and 
foreign assistance policies and programs, in-
cluding a clear statement on United States ob-
jectives for development assistance. 
(B) A description of the roles of civilian 
agencies and mechanisms for implementing
103 
such strategy, including interagency coordina-
tion. 
(C) The requirements for overseas infra-
structure necessary to carry out such strategy. 
(D) Plans to adapt such agencies and 
mechanisms to changing circumstances and the 
role of international institutions in such strat-
egy. 
(E) Budget requirements to carry out such 
strategy. 
(F) Other elements of United States for-
eign policy and foreign assistance policies and 
programs with a view toward determining and 
expressing the strategy of the United States 
and establishing a diplomacy and development 
program for the next 10 years. 
(2) RELATIONSHIP
TO
NATIONAL
SECURITY 
STRATEGY.—The strategy described in paragraph 
(1) shall be consistent with any National Security 
Strategy prescribed by the President pursuant to 
section 108 of the National Security Act of 1947 
(50 U.S.C. 404a) that has been issued after the date 
of the enactment of this Act. 
(b) REVIEW REQUIRED.—
104 
(1) IN
GENERAL.—Beginning in 2013, the 
President shall every 4 years, during a year fol-
lowing a year evenly divisible by four, conduct a 
comprehensive examination (to be known as a 
‘‘Quadrennial Review of Diplomacy and Develop-
ment’’) of the national strategy for United States di-
plomacy and development described in subsection 
(a). 
(2) KEY ELEMENTS OF REVIEW.—The review 
described in paragraph (1) shall include the fol-
lowing: 
(A) A review of all elements of the strategy 
described in subsection (a), consistent with the 
most recent National Security Strategy pre-
scribed by the President pursuant to section 
108 of the National Security Act of 1947 (50 
U.S.C. 404a) that has been issued after the 
date of the enactment of this Act. 
(B) A review of the roles and responsibil-
ities of Federal departments and agencies in 
carrying out the strategy described in sub-
section (a) and the mechanisms for cooperation 
between such departments and agencies, includ-
ing the coordination of such departments and 
agencies and the relationship between the prin-
105 
cipal offices of such departments and agencies 
and offices defining sufficient capacity, re-
sources, overseas infrastructure, budget plan, 
and other elements of United States diplomacy 
and development of the United States that 
would be required to have a high level of con-
fidence that the United States can successfully 
execute the full range of missions called for in 
such strategy. 
(C) Identifying the budget plan that would 
be required to provide sufficient resources to 
execute successfully the full range of missions 
called for in the strategy described in sub-
section (a) at a high level of success and any 
additional resources required to achieve such a 
level of success. 
(D) Making recommendations that are not 
constrained to comply with the budget sub-
mitted to Congress by the President pursuant 
to section 1105(a) of title 31, United States 
Code. 
(3) INTERAGENCY
COORDINATION
AND
CON-
SULTATION.— 
(A) IN GENERAL.—Each Quadrennial Re-
view of Diplomacy and Development shall take
106 
into account the views of the Secretary of State, 
the Administrator of the United States Agency 
for International Development, the Secretary of 
Defense, the Secretary of the Treasury, the 
United States Trade Representative, and the 
head of any other relevant agency. 
(B) DELEGATION.—If the President dele-
gates the requirements of this section, the head 
of the Federal department or agency to whom 
such delegation is made shall consult with each 
official specified in subparagraph (A). 
(c) 
CONSULTATION
WITH
OUTSIDE
STAKE-
HOLDERS.—In developing the strategy required under 
subsection (a) and conducting the review required under 
subsection (b), the President shall consult with private 
businesses, non-governmental organizations involved in di-
plomacy and development, and experts at academic insti-
tutions or institutions involved in the study of foreign pol-
icy or development matters. 
(d) QRDD AND CONGRESSIONAL COMMITTEES.— 
(1) CONSULTATION.—In developing the strat-
egy required under subsection (a) and conducting 
the review required under subsection (b), the Presi-
dent shall consult with the appropriate congressional 
committees.
107 
(2) REPORT.—The President shall transmit to 
the appropriate congressional committees a report 
on each Quadrennial Review of Diplomacy and De-
velopment. The report shall be submitted in the year 
following the year in which such a Quadrennial Re-
view is conducted, but not later than the date on 
which the President submits the budget for the next 
fiscal year to Congress under section 1105(a) of title 
31, United States Code. The report shall include the 
following: 
(A) The results of such a Quadrennial Re-
view, including a comprehensive discussion of 
the national strategy for United States foreign 
policy and foreign assistance policies and pro-
grams, the roles and responsibilities of and 
strategic guidance for civilian agencies and 
mechanisms in implementing such strategy, the 
requirements for overseas infrastructure nec-
essary to carry out such strategy, plans to 
adapt such agencies and mechanisms to chang-
ing circumstances, and the role of international 
institutions in such strategy. 
(B) The assumed or defined objectives and 
missions that inform the national strategy for
108 
United States foreign policy and foreign assist-
ance policies and programs. 
(C) The threats to the assumed or defined 
objectives and missions of the United States 
that were examined for the purposes of such a 
Quadrennial Review. 
(D) The assumptions used in such a Quad-
rennial Review, including assumptions relating 
to— 
(i) the capacity of United States dip-
lomatic and development personnel to re-
spond to such threats; 
(ii) the cooperation and capacity of al-
lies, other friendly countries, and inter-
national institutions in addressing such 
threats; 
(iii) levels of engagement in oper-
ations other than war and smaller-scale 
contingencies and withdrawal from such 
operations and contingencies; and 
(iv) the intensity, duration, and mili-
tary and political end-states of conflicts 
and smaller-scale contingencies that arise 
in the diplomatic and development context.
109 
(E) The anticipated roles and missions of 
the reserve components available to civilian 
agencies, including capabilities and resources 
necessary to assure that such reserve compo-
nents can capably discharge such roles and mis-
sions. 
(F) The extent to which diplomatic and de-
velopment personnel need to be shifted to dif-
ferent regions to carry out the national strategy 
under subsection (a). 
(G) Any other matter the Secretary con-
siders appropriate. 
(e) INDEPENDENT PANEL ASSESSMENT.— 
(1) IN GENERAL.—Not later than 6 months be-
fore the date on which the report on a Quadrennial 
Review of Diplomacy and Development is to be 
transmitted under subsection (d), the President shall 
establish a panel to conduct an assessment of such 
a Quadrennial Review. 
(2) REPORT ON ASSESSMENT.—Not later than 
3 months after the date on which the report on such 
a Quadrennial Review is transmitted under sub-
section (d), the panel established under paragraph 
(1) shall submit to the appropriate congressional 
committees an assessment of such a Quadrennial
110 
Review, including an assessment of the recommenda-
tions of such a Quadrennial Review, the stated and 
implied assumptions incorporated in such a Quad-
rennial Review, and the vulnerabilities of the strat-
egy underlying such a Quadrennial Review. 
(f) EXCLUSION.—Any provision in this section relat-
ing to budgets or budget plans shall not be construed to 
require any information on any program that is funded 
from accounts within budget function 050 (National De-
fense). 
SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED 
CENTER. 
(a) ESTABLISHMENT.—The Secretary of State, in 
consultation with the Administrator of the United States 
Agency for International Development (USAID), is au-
thorized to establish in the Department of State and under 
the authority of the Undersecretary for Management a 
Lessons Learned Center (referred to in this section as the 
‘‘LLC’’) which will serve as a central organization for col-
lection, analysis, archiving, and dissemination of observa-
tions, best practices, and lessons learned by, from, and 
to Foreign Service officers and support personnel in the 
Department of State and USAID. 
(b) PURPOSE.—The purpose of the LLC is to in-
crease, enhance, and sustain the ability of the Department
111 
of State and USAID to effectively carry out their missions 
by devising a system for the collection, analysis, archiving, 
and dissemination of lessons learned, improving informa-
tion sharing and learning capacity, and enabling, encour-
aging, and rewarding critical, innovative analysis. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees a re-
port on the status of efforts to establish the LLC. The 
report shall include recommendations— 
(1) concerning the regulation and structure of 
the LLC, including— 
(A) how to encourage service in the LLC; 
(B) how to provide for the necessary aca-
demic freedom to provide innovative, critical 
analysis; 
(C) how to ensure that the staffing of the 
LLC is a mix of senior and junior staff of the 
Foreign Service and civil service in the Depart-
ment of State and USAID; 
(D) the anticipated expenditures associated 
with the establishment of the LLC under sub-
section (a); and 
(E) physical structure of the LLC; and
112 
(2) for any legislation necessary to establish the 
LLC. 
(d) DEFINITIONS.—In this section: 
(1) ACADEMIC FREEDOM.—The term ‘‘academic 
freedom’’ means the capability, capacity, and au-
thorization to produce analysis and evaluation with-
out concern for retaliation or other negative impact 
on the observer’s career. 
(2) LESSONS
LEARNED.—The term ‘‘lessons 
learned’’ means information resulting from evalua-
tion or observation of negotiations, operations, exer-
cises, training events, or other processes and experi-
ences, particularly any corrective measures or inno-
vative techniques, that produced an improved per-
formance or increased capability. 
SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION. 
(a) FINDINGS.—Congress finds the following: 
(1) United States diplomatic and consular mis-
sions worldwide retain over 51,000 locally employed 
staff under local compensation plans (LCP’s) in 
about 170 overseas missions. 
(2) The locally employed staff is the backbone 
of diplomatic operations, providing management, 
programmatic, security, maintenance, custodial, and
113 
other services wherever the Department of State has 
established an overseas post. 
(3) Foreign Service and other United States of-
ficers who rotate in-and-out of such missions every 
2 to 3 years are highly dependent on the local em-
ployees to bring them up to speed and make sure 
that the work of any such mission does not falter in 
transitions during rotations. 
(4) As the number of positions at such missions 
designated for United States officers that are not 
filled continues to increase, locally employed staff 
are called upon to assume many of the responsibil-
ities that United States staff have carried in the 
past. 
(5) Based on a survey conducted by the Office 
of the Inspector General (OIG) Department of 
State, the United States is failing to provide a com-
petitive compensation package for locally employed 
staff that is commensurate with their experience, 
technical skills, and responsibilities. 
(6) The Department of State OIG survey data 
show that the United States Government is pro-
viding salary increases that are approximately 60 
percent of what is the prevailing practice of the local 
labor market.
114 
(7) The Department of State OIG has found 
numerous cases in which such missions are losing 
staff to other employers. The OIG has also found 
numerous cases where it is difficult to replace em-
ployees who left to take other jobs, particularly in 
countries with low unemployment rates. 
(b) POLICY REVIEW.—The Secretary of State shall 
direct a policy review to assess the adequacy of locally em-
ployed staff compensation. In carrying out such policy re-
view the Secretary shall consider the recommendations of 
the Office of the Inspector General of the Department of 
State, including the following: 
(1) The Bureau of Human Resources, in co-
ordination with the Office of Management, Policy, 
Rightsizing and Innovation, should hire an outside 
contractor with international experience to perform 
an organizational review of the Compensation Man-
agement Division of the Office of Overseas Employ-
ment to advise on the organization of the compensa-
tion management division and on how many analysts 
are required to handle the compensation manage-
ment responsibilities, and to recommend training 
and certifications the analysts should obtain. 
(2) 
The 
Office 
of 
Management, 
Policy, 
Rightsizing and Innovation, in coordination with the
115 
Bureau of Human Resources and the Bureau of Re-
source Management, should ensure that the working 
group on locally employed staff compensation re-
views the connectivity between the activities of the 
Office of Overseas Employment and the Office of 
State Programs, Operations and Budget in the Bu-
reau of Resource Management, and makes and dis-
tributes written, documented determinations as to 
the data used by the two offices to make estimates 
of locally employed staff compensation adjustments, 
the timing of these activities, and the responsibility 
each office has for tracking implementation of locally 
employed staff compensation adjustments. 
(3) The Bureau of Human Resources, in co-
ordination with the Office of Management, Policy, 
Rightsizing and Innovation, should implement a lo-
cally employed staff compensation review process 
whereby the Office of Overseas Employment in the 
Bureau of Human Resources reviews and adjust 
each post’s salary schedule every 5 years based on 
a recent salary survey. During the intervening years, 
the Department should authorize cost-of-living (or 
inflation) adjustments based on reliable inflation 
data.
116 
(4) The Bureau of Human Resources, in co-
ordination with the Office of Management, Policy, 
Rightsizing and Innovation, should implement a sys-
tematic process of providing comprehensive informa-
tion to diplomatic and consular missions, Depart-
ment of State offices, and agency headquarters on 
periodic salary survey reviews, including comprehen-
sible salary survey analysis, explanations of salary 
survey changes, and if appropriate, copies of the off- 
the-shelf surveys for the host country. This approach 
should be documented and made a part of the peri-
odic process. 
(5) The Bureau of Human Resources, in co-
ordination with the Office of Management, Policy, 
Rightsizing and Innovation, the regional bureaus, 
and the Bureau of Resource Management, should es-
tablish, maintain, and monitor a database that 
tracks information related to locally employed staff 
compensation and adjustments, including budgetary 
resources, salary level ceilings calculated by the Of-
fice of Overseas Employment, salary levels requested 
by post, salary levels implemented, dates for these 
activities, and calculations of whether the Depart-
ment is meeting prevailing practice. This database
118 
tion considers the possibility of centralizing decision 
making for locally employed staff salary increases, 
and, whether such is eventually implemented or not, 
make a determination as to its value, document the 
decision in writing, and distribute the decision wide-
ly in the Department of State. 
(9) The Bureau of Human Resources, in co-
operation with Resource Management International 
Cooperative Administrative Support Services, should 
establish a senior level interagency locally employed 
staff board of governors to set overall locally em-
ployed staff policy. 
(10) The Bureau of Human Resources should 
send the cable announcing the proposed salary in-
creases for locally employed staff to the attention of 
both the chief of mission and the management offi-
cer. 
(11) The Bureau of Human Resources should 
request a list of position titles and grades from all 
positions with exception rate ranges and details on 
the exception rate range adjustments in the 2010 
Locally Employed Staff Compensation Question-
naire. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State shall
119 
submit to the appropriate committees a report on the im-
plementation of this section, including a review of efforts 
to implement the recommendations of the Office of the 
Inspector General of the Department of State specified in 
subsection (b). 
SEC. 305. INCREASING THE CAPACITY OF THE DEPART-
MENT OF STATE TO RESPOND TO CRISES. 
Paragraph (5) of section 1603 of the Reconstruction 
and Stabilization Civilian Management Act of 2008 (title 
XVI of Public Law 110–417) is amended to read as fol-
lows: 
‘‘(5) PERSONNEL
DEFINED.—The term ‘per-
sonnel’ means— 
‘‘(A) individuals serving in any service de-
scribed in section 2101 of title 5, United States 
Code, other than in the legislative or judicial 
branch; 
‘‘(B) individuals employed by personal 
services contract, including those employed pur-
suant to section 2(c) of the State Department 
Basic Authorities Act of 1956 (22 U.S.C. 
2669(c)) and section 636(a)(3) of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2396(a)(3)); 
and
120 
‘‘(C) individuals appointed under section 
303 of the Foreign Service Act of 1980 (22 
U.S.C. 3943).’’. 
Subtitle B—Foreign Service Pay 
Equity and Death Gratuity 
SEC. 311. SHORT TITLE. 
This subtitle may be cited as the ‘‘Foreign Service 
Overseas Pay Equity Act of 2009’’. 
SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 
(a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 
(1) IN GENERAL.—Chapter 4 of title I of the 
Foreign Service Act of 1980 (22 U.S.C. 3961 and 
following) is amended by adding at the end the fol-
lowing: 
‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 
‘‘(a) IN GENERAL.—A member of the Service who is 
designated class 1 or below for purposes of section 403 
and whose official duty station is neither in the continental 
United States nor in a non-foreign area shall receive, in 
accordance with the phase-in schedule set forth in sub-
section (c), a locality-based comparability payment (stated 
as a percentage) equal to the locality-based comparability 
payment (stated as a percentage) that would be provided 
under section 5304 of title 5, United States Code, if such
121 
member’s official duty station were in the District of Co-
lumbia. 
‘‘(b) TREATMENT AS BASIC PAY.—The amount of 
any locality-based comparability payment which is payable 
to a member of the Service by virtue of this section— 
‘‘(1) shall be considered to be part of the basic 
pay of such member— 
‘‘(A) for the same purposes as provided for 
under section 5304(c)(2)(A) of title 5, United 
States Code; and 
‘‘(B) for purposes of chapter 8; and 
‘‘(2) shall be subject to any limitations on pay 
applicable to locality-based comparability payments 
under section 5304 of title 5, United States Code. 
‘‘(c) PHASE-IN.—The locality-based comparability 
payment payable to a member of the Service under this 
section shall— 
‘‘(1) beginning on the first day of the first pay 
period that is 90 days after the date of the enact-
ment of this subsection, be up to 33.33 percent of 
the payment which would otherwise apply under sub-
section (a); 
‘‘(2) beginning on the first day of the first pay 
period in April 2010, be up to 66.67 percent of the
122 
payment which would otherwise apply under sub-
section (a); and 
‘‘(3) beginning on the first day of the first pay 
period in fiscal year 2011 and each subsequent fiscal 
year, be equal to the payment determined under sub-
section (a). 
‘‘(d) NON-FOREIGN AREA DEFINED.—For purposes 
of this section, the term ‘non-foreign area’ has the same 
meaning as is given such term in regulations carrying out 
section 5941 of title 5, United States Code.’’. 
(2) CONFORMING AMENDMENT.—The table of 
contents set forth in section 2 of such Act is amend-
ed by inserting after the item relating to section 414 
the following: 
‘‘Sec. 415. Overseas comparability pay adjustment.’’. 
(b) CONFORMING AMENDMENTS RELATING TO THE 
FOREIGN SERVICE RETIREMENT SYSTEMS.— 
(1) CONTRIBUTIONS TO THE FUND.—Effective 
as of the first pay period beginning on or after Octo-
ber 1, 2010, section 805(a) of the Foreign Service 
Act of 1980 (22 U.S.C. 4045(a)) is amended— 
(A) in paragraph (1)— 
(i) in the first sentence, by striking 
‘‘7.25 percent’’ and inserting ‘‘7 percent’’; 
and
123 
(ii) in the second sentence, by striking 
‘‘The contribution by the employing agen-
cy’’ through ‘‘and shall be made’’ and in-
serting ‘‘An equal amount shall be contrib-
uted by the employing agency’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A), by striking ‘‘, 
plus an amount equal to .25 percent of 
basic pay’’; and 
(ii) in subparagraph (B), by striking 
‘‘, plus an amount equal to .25 percent of 
basic pay’’; and 
(C) in paragraph (3), by striking all that 
follows ‘‘Code’’ and inserting a period. 
(2) COMPUTATION
OF
ANNUITIES.—Section 
806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is 
amended by striking ‘‘is outside the continental 
United States shall’’ and inserting ‘‘was outside the 
continental United States during the period begin-
ning on December 29, 2002, and ending on the day 
before the first day of the first pay period beginning 
on or after October 1, 2011 (or during any portion 
thereof), shall, to the extent that such computation 
is based on the basic salary or basic pay of such 
member for such period (or portion thereof),’’.
124 
(3) 
ENTITLEMENT
TO
ANNUITY.—Section 
855(a)(3) of such Act (22 U.S.C. 4071d(a)(3)) is 
amended— 
(A) by striking ‘‘section 8414’’ and insert-
ing ‘‘section 8415’’; and 
(B) by striking ‘‘is outside the continental 
United States shall’’ and inserting ‘‘was outside 
the continental United States during the period 
beginning on December 29, 2002, and ending 
on the day before the first day of the first pay 
period beginning on or after October 1, 2011 
(or during any portion thereof), shall, to the ex-
tent that such computation is based on the 
basic salary or basic pay of such member for 
such period (or portion thereof),’’. 
(4) DEDUCTIONS
AND
WITHHOLDINGS
FROM 
PAY.—Section 856(a)(2) of such Act (22 U.S.C. 
4071e(a)(2)) is amended to read as follows: 
‘‘(2) The applicable percentage under this sub-
section shall be as follows: 
‘‘Percentage 
Time Period 
7.5 ..........................................................................
Before January 1, 
1999. 
7.75 ........................................................................
January 1, 1999, to 
December 31, 1999. 
7.9 ..........................................................................
January 1, 2000, to 
December 31, 2000.
125 
7.55 ........................................................................
January 11, 2003, to 
the day before the 
first day of the first 
pay period begin-
ning on or after Oc-
tober 1, 2011. 
7.5 ..........................................................................
Beginning on the first 
day of the first pay 
period beginning on 
or after October 1, 
2011.’’. 
(c) REPORTING REQUIREMENTS.—Not later than Oc-
tober 1, 2010, the Secretary of State shall submit to the 
appropriate congressional committees an assessment of all 
allowances provided to members of the Foreign Service 
under the Foreign Service Act of 1980 or under title 5, 
United States Code, and in particular, how such allow-
ances have been or will be affected by the amendments 
to the Foreign Service Act of 1980 made by this Act. 
SEC. 313. DEATH GRATUITY. 
The first sentence of section 413(a) of the Foreign 
Service Act of 1980 (22 U.S.C. 3973(a)) is amended by 
striking ‘‘at the time of death’’ and inserting ‘‘at level II 
of the Executive Schedule under section 5313 of title 5, 
United States Code, at the time of death, except that for 
employees compensated under local compensation plans 
established under section 408, the amount shall be equal 
to the greater of 1 year’s salary at the time of death or 
1 year’s salary at the highest step of the highest grade 
on the local compensation plan from which the employee 
was being paid at the time of death’’.
126 
Subtitle C—Other Organization 
and Personnel Matters 
SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PRO-
GRAM. 
(a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title 
I of the Foreign Service Act of 1980 (22 U.S.C. 3981 
et seq.) is amended by adding at the end the following 
new section: 
‘‘SEC. 
506. 
TRANSATLANTIC 
DIPLOMATIC 
FELLOWSHIP 
PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
establish the Transatlantic Diplomatic Fellowship Pro-
gram. Under the program, the Secretary may assign a 
member of the Service, for not more than 1 year, to a 
position with any designated country or designated entity 
that permits an employee to be assigned to a position with 
the Department. 
‘‘(b) SALARY AND BENEFITS.—The salary and bene-
fits of a member of the Service shall be paid as described 
in subsection (b) of section 503 during a period in which 
such member is participating in the Transatlantic Diplo-
matic Fellowship Program. The salary and benefits of an 
employee of a designated country or designated entity par-
ticipating in such program shall be paid by such country
127 
or entity during the period in which such employee is par-
ticipating in the program. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) The term ‘designated country’ means a 
member country of— 
‘‘(A) the North Atlantic Treaty Organiza-
tion; or 
‘‘(B) the European Union. 
‘‘(2) The term ‘designated entity’ means— 
‘‘(A) the North Atlantic Treaty Organiza-
tion; or 
‘‘(B) the European Union. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
‘‘(1) authorize the appointment as an officer or 
employee of the United States of— 
‘‘(A) an individual whose allegiance is to 
any country, government, or foreign or inter-
national entity other than to the United States; 
or 
‘‘(B) an individual who has not met the re-
quirements of sections 3331, 3332, 3333, and 
7311 of title 5, United States Code, and any 
other provision of law concerning eligibility for 
appointment as, and continuation of employ-
128 
ment as, an officer or employee of the United 
States; or 
‘‘(2) authorize the Secretary to assign a mem-
ber of the Service to a position with any foreign 
country whose laws, or foreign or international enti-
ty whose rules, require such member to give alle-
giance or loyalty to such country or entity while as-
signed to such position.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENTS.— 
The Foreign Service Act of 1980 is amended— 
(1) in section 503 (22 U.S.C. 3983)— 
(A) in the section heading, by striking 
‘‘AND’’ and inserting ‘‘FOREIGN
GOVERN-
MENTS, OR’’; and 
(B) in subsection (a)(1), by inserting be-
fore the semicolon at the end the following: ‘‘, 
or with a foreign government under sections 
506 or 507’’; and 
(2) in section 2, in the table of contents— 
(A) by striking the item relating to section 
503 and inserting the following new item: 
‘‘Sec. 503. Assignments to agencies, international organizations, foreign govern-
ments, or other bodies.’’; 
and
129 
(B) by adding after the item relating to 
section 505 the following new item: 
‘‘Sec. 506. Transatlantic diplomatic fellowship program.’’. 
SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM. 
(a) IN GENERAL.—Chapter 5 of title I of the Foreign 
Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended 
by adding after section 506 (as added by section 321(a) 
of this division) the following new section: 
‘‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary is authorized to 
establish the Security Officers Exchange Program. Under 
the program, the Secretary may assign a member of the 
Service, for not more than a total of 3 years, to a position 
with any country or international organization designated 
by the Secretary pursuant to subsection (c) that permits 
an employee to be assigned to a position with the Depart-
ment. 
‘‘(b) SALARY AND BENEFITS.—The salary and bene-
fits of the members of the Service shall be paid as de-
scribed in subsection (b) of section 503 during a period 
in which such officer is participating in the Security Offi-
cers Exchange Program. The salary and benefits of an em-
ployee of a designated country or international organiza-
tion participating in such program shall be paid by such 
country or international organization during the period in 
which such employee is participating in the program.
130 
‘‘(c) DESIGNATION.—The Secretary may designate a 
country or international organization to participate in this 
program if the Secretary determines that such participa-
tion is in the national security interests of the United 
States. 
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to— 
‘‘(1) authorize the appointment as an officer or 
employee of the United States of— 
‘‘(A) an individual whose allegiance is to 
any country, government, or foreign or inter-
national entity other than to the United States; 
or 
‘‘(B) an individual who has not met the re-
quirements of sections 3331, 3332, 3333, and 
7311 of title 5, United States Code, and any 
other provision of law concerning eligibility for 
appointment as, and continuation of employ-
ment as, an officer or employee of the United 
States; or 
‘‘(2) authorize the Secretary to assign a mem-
ber of the Service to a position with any foreign 
country whose laws, or foreign or international enti-
ty whose rules, require such member to give alle-
131 
giance or loyalty to such country or entity while as-
signed to such position.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
Section 2 of the Foreign Service Act of 1980 is amended, 
in the table of contents, by adding after the item relating 
to section 506 (as added by section 321(b)(2)(B) of this 
Act) the following new item: 
‘‘Sec. 507. Security officers exchange program.’’. 
SEC. 323. SUSPENSION OF FOREIGN SERVICE MEMBERS 
WITHOUT PAY. 
(a) SUSPENSION.—Section 610 of the Foreign Serv-
ice Act of 1980 (22 U.S.C. 4010) is amended by adding 
at the end the following new subsection: 
‘‘(c)(1) In order to promote the efficiency of the Serv-
ice, the Secretary may suspend a member of the Foreign 
Service without pay when the member’s security clearance 
is suspended or when there is reasonable cause to believe 
that the member has committed a crime for which a sen-
tence of imprisonment may be imposed. 
‘‘(2) Any member of the Foreign Service for whom 
a suspension is proposed shall be entitled to— 
‘‘(A) written notice stating the specific reasons 
for the proposed suspension; 
‘‘(B) a reasonable time to respond orally and in 
writing to the proposed suspension;
132 
‘‘(C) representation by an attorney or other 
representative; and 
‘‘(D) a final written decision, including the spe-
cific reasons for such decision, as soon as prac-
ticable. 
‘‘(3) Any member suspended under this section may 
file a grievance in accordance with the procedures applica-
ble to grievances under chapter 11 of this title. 
‘‘(4) In the case of a grievance filed under paragraph 
(3)— 
‘‘(A) the review by the Foreign Service Griev-
ance Board shall be limited to a determination of 
whether the provisions of paragraphs (1) and (2) 
have been fulfilled; and 
‘‘(B) the Foreign Service Grievance Board may 
not exercise the authority provided under section 
1106(8). 
‘‘(5) In this subsection: 
‘‘(A) The term ‘reasonable time’ means— 
‘‘(i) with respect to a member of the For-
eign Service assigned to duty in the United 
States, 15 days after receiving notice of the 
proposed suspension; and 
‘‘(ii) with respect to a member of the For-
eign Service assigned to duty outside the
133 
United States, 30 days after receiving notice of 
the proposed suspension. 
‘‘(B) The term ‘suspend’ or ‘suspension’ means 
the placing of a member of the Foreign Service in 
a temporary status without duties and pay.’’. 
(b) CONFORMING AND CLERICAL AMENDMENTS.— 
(1) AMENDMENT OF SECTION HEADING.—Such 
section, as amended by subsection (a) of this section, 
is further amended, in the section heading, by in-
serting ‘‘; SUSPENSION’’ before the period at the 
end. 
(2) CLERICAL AMENDMENT.—The item relating 
to such section in the table of contents in section 2 
of such Act is amended to read as follows: 
‘‘Sec. 610. Separation for cause; suspension.’’. 
SEC. 324. REPEAL OF RECERTIFICATION REQUIREMENT 
FOR SENIOR FOREIGN SERVICE. 
Section 305(d) of the Foreign Service Act of 1980 
(22 U.S.C. 3945(d)) is hereby repealed. 
SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERV-
ICE. 
Section 309 of the Foreign Service Act of 1980 (22 
U.S.C. 3949) is amended— 
(1) in subsection (a), by striking ‘‘subsection 
(b)’’ and inserting ‘‘subsection (b) or (c)’’; 
(2) in subsection (b)—
134 
(A) in paragraph (3)— 
(i) by inserting ‘‘(A),’’ after ‘‘if’’; and 
(ii) by inserting before the semicolon 
at the end the following: ‘‘, or (B), the ca-
reer candidate is serving in the uniformed 
services, as defined by the Uniformed Serv-
ices 
Employment 
and 
Reemployment 
Rights Act of 1994 (38 U.S.C. 4301 et 
seq.), and the limited appointment expires 
in the course of such service’’; 
(B) in paragraph (4), by striking ‘‘and’’ at 
the end; 
(C) in paragraph (5), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(D) by adding after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) in exceptional circumstances where the Sec-
retary determines the needs of the Service require the ex-
tension of a limited appointment (A), for a period of time 
not to exceed 12 months (provided such period of time 
does not permit additional review by the boards under sec-
tion 306), or (B), for the minimum time needed to settle 
a grievance, claim, or complaint not otherwise provided for 
in this section.’’; and
135 
(3) by adding at the end the following new sub-
section: 
‘‘(c) Non-career Foreign Service employees who have 
served five consecutive years under a limited appointment 
may be reappointed to a subsequent limited appointment 
provided there is a 1 year break in service between each 
appointment. The Secretary may in cases of special need 
waive the requirement for a 1 year break in service.’’. 
SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL. 
Section 5550b of title 5, United States Code, is 
amended by adding at the end the following new sub-
section: 
‘‘(c) The maximum amount of compensatory time off 
earned under this section may not exceed 104 hours dur-
ing any leave year (as defined by regulations established 
by the Office of Personnel Management).’’. 
SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNU-
ITANTS. 
Section 824(g) of the Foreign Service Act of 1980 
(22 U.S.C. 4064(g)) is amended— 
(1) in paragraph (1)(B), by striking ‘‘to facili-
tate the’’ and all that follows through ‘‘Afghani-
stan,’’; 
(2) by striking paragraph (2); and
136 
(3) by redesignating paragraph (3) as para-
graph (2). 
SEC. 328. PERSONAL SERVICES CONTRACTORS. 
(a) IN GENERAL.—In addition to other authorities 
that may be available, the Secretary of State may establish 
a pilot program (in this section referred to as the ‘‘pro-
gram’’) for the purpose of hiring United States citizens 
or aliens as personal services contractors, for service in 
the United States, or for service both in the United States 
and abroad, to respond to new or emerging needs or to 
augment current services. 
(b) CONDITIONS.—The Secretary is authorized to use 
the authority of subsection (a), subject to the following 
conditions: 
(1) The Secretary determines that existing per-
sonnel resources are insufficient. 
(2) The contract length, including options, may 
not exceed 2 years, unless the Secretary makes a 
finding that exceptional circumstances justify an ex-
tension of up to one additional year. 
(3) Not more than a total of 200 United States 
citizens or aliens are employed at any one time as 
personal services contractors under this section.
137 
(4) This authority may only be used to obtain 
specialized skills or experience or to respond to ur-
gent needs. 
(c) STATUS
OF
PERSONAL
SERVICE
CONTRAC-
TORS.— 
(1) IN GENERAL.—An individual hired as a per-
sonal service contractor pursuant to this section 
shall not, by virtue of such hiring, be considered to 
be an employee of the United States Government for 
purposes of any law administered by the Office of 
Personnel Management. 
(2) APPLICABLE LAWS.—An individual hired as 
a personal service contractor pursuant to this section 
shall be covered, in the same manner as a similarly- 
situated employee, by— 
(A) the Ethics in Government Act of 1978; 
(B) section 27 of the Office of Federal 
Procurement Policy Act; and 
(C) chapter 73 of title 5, sections 201, 
203, 205, 207, 208, and 209 of title 18, and 
section 1346 and chapter 171 of title 28, 
United States Code. 
(3) EXCEPTION.—This subsection shall not af-
fect the determination as to whether an individual 
hired as a personal service contractor pursuant to
138 
this section is an employee of the United States Gov-
ernment for purposes of any Federal law not speci-
fied in paragraphs (1) and (2). 
(d) TERMINATION OF AUTHORITY.—The authority to 
award personal services contracts under the program au-
thorized by this section shall terminate on September 30, 
2011. A contract entered into prior to the termination 
date under this subsection may remain in effect until expi-
ration. 
SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY 
RIGHTS. 
(a) RESOURCES TO PROTECT INTELLECTUAL PROP-
ERTY RIGHTS.—The Secretary of State shall ensure that 
the protection in foreign countries of the intellectual prop-
erty rights of United States persons in other countries is 
a significant component of United States foreign policy in 
general and in relations with individual countries. The 
Secretary of State, in consultation with the Director Gen-
eral of the United States and Foreign Commercial Service 
and other agencies as appropriate, shall ensure that ade-
quate resources are available at diplomatic missions in any 
country that is identified under section 182(a)(1) of the 
Trade Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure—
139 
(1) support for enforcement action against vio-
lations of the intellectual property rights of United 
States persons in such country; and 
(2) cooperation with and support for the host 
government’s efforts to reform its applicable laws, 
regulations, practices, and agencies to enable that 
government to fulfill its international and bilateral 
obligations with respect to intellectual property 
rights. 
(b) NEW APPOINTMENTS.—The Secretary of State, 
in consultation with the Director General of the United 
States and Foreign Commercial Service, shall appoint 10 
intellectual property attache´s to serve in United States 
embassies or other diplomatic missions. The 10 appoint-
ments shall be in addition to personnel serving, on the 
date of the enactment of this Act, in the capacity of intel-
lectual property attache´s from any department or agency 
of the United States at United States embassies or other 
diplomatic missions. 
(c) PRIORITY ASSIGNMENTS.— 
(1) IN GENERAL.—Subject to paragraph (2), in 
designating the embassies or other missions to which 
attache´s are assigned under subsection (b), the Sec-
retary of State shall give priority to those countries 
where the activities of an attache´ may be carried out
140 
with the greatest potential benefit to reducing coun-
terfeit and pirated products in the United States 
market, to protecting the intellectual property rights 
of United States persons and their licensees, and to 
protecting the interests of United States persons 
otherwise harmed by violations of intellectual prop-
erty rights in those countries. 
(2) ASSIGNMENTS TO PRIORITY COUNTRIES.— 
In carrying out paragraph (1), the Secretary of 
State shall consider assigning intellectual property 
attache´s— 
(A) to the countries that have been identi-
fied under section 182(a)(1) of the Trade Act 
of 1974 (19 U.S.C. 2242(a)(1)); and 
(B) to the country where the Organization 
for Economic Cooperation and Development has 
its headquarters. 
(d) DUTIES AND RESPONSIBILITIES OF INTELLEC-
TUAL PROPERTY ATTACHE´S.—The intellectual property 
attache´s appointed under subsection (b), as well as others 
serving as intellectual property attache´s of any other de-
partment or agency of the United States, shall have the 
following responsibilities: 
(1) To promote cooperation with foreign gov-
ernments in the enforcement of intellectual property
141 
laws generally, and in the enforcement of laws 
against counterfeiting and piracy in particular. 
(2) To assist United States persons holding in-
tellectual property rights, and the licensees of such 
United States persons, in their efforts to combat 
counterfeiting and piracy of their products or works 
within the host country, including counterfeit or pi-
rated goods exported from or transshipped through 
that country. 
(3) To chair an intellectual property protection 
task force consisting of representatives from all 
other relevant sections or bureaus of the embassy or 
other mission. 
(4) To coordinate with representatives of the 
embassies or missions of other countries in informa-
tion sharing, private or public communications with 
the government of the host country, and other forms 
of cooperation for the purpose of improving enforce-
ment against counterfeiting and piracy. 
(5) As appropriate and in accordance with ap-
plicable laws and the diplomatic status of the 
attache´s, to engage in public education efforts 
against counterfeiting and piracy in the host coun-
try.
142 
(6) To assist in the coordination of training and 
technical assistance programs of the United States 
Government within the host country that are aimed 
at improving the enforcement of laws against coun-
terfeiting and piracy. 
(7) To identify and promote other means to 
more effectively combat counterfeiting and piracy ac-
tivities under the jurisdiction of the host country. 
(e) TRAINING.—The Secretary of State shall ensure 
that each attache´ appointed under subsection (b) is fully 
trained for the responsibilities of the position before as-
suming duties at the United States embassy or other mis-
sion in question. 
(f) COORDINATION.—The activities of intellectual 
property attache´s under this section shall be carried out 
in coordination with the United States Intellectual Prop-
erty Enforcement Coordinator appointed under section 
301 of the Prioritizing Resources and Organization for In-
tellectual Property Act of 2008 (15 U.S.C. 8111). 
(g) REPORT TO CONGRESS.— 
(1) IN GENERAL.—The Secretary of State shall 
submit to the Congress, not later than December 31 
of each year, a report on the appointment, designa-
tion for assignment, and activities of all intellectual 
property attache´s of any Federal department or
143 
agency who are serving at United States embassies 
or other diplomatic missions. 
(2) CONTENTS.—Each report under paragraph 
(1) shall include the following: 
(A) A description of the progress, or lack 
thereof, in the preceding year regarding the res-
olution of general and specific intellectual prop-
erty disputes in each country identified under 
section 182(a)(1) of the Trade Act of 1974 (19 
U.S.C. 2242(a)(1)), including any changes by 
the host government in applicable laws and reg-
ulations and their enforcement. 
(B) An assessment of the obstacles pre-
venting the host government of each country 
described in subparagraph (A) from imple-
menting adequate measures to fulfill its inter-
national and bilateral obligations with respect 
to intellectual property rights. 
(C) An assessment of the adequacy of the 
resources of the Department of State employed 
to carry out this section and, if necessary, an 
assessment of the need for additional resources 
for such purposes. 
(h) DEFINITIONS.—In this section: 
(1) COUNTERFEITING; COUNTERFEIT GOODS.—
144 
(A) COUNTERFEITING.—The term ‘‘coun-
terfeiting’’ means activities related to produc-
tion or distribution of goods, including pack-
aging, that bear a spurious mark or designation 
that is identical to or substantially indistin-
guishable from a mark or designation protected 
under trademark laws or related legislation. 
(B) COUNTERFEIT
GOODS.—The term 
‘‘counterfeit goods’’ means those goods de-
scribed in subparagraph (A). 
(2) INTELLECTUAL
PROPERTY
RIGHTS.—The 
term ‘‘intellectual property rights’’ means the rights 
of holders of copyrights, patents, trademarks, other 
forms of intellectual property, and trade secrets. 
(3) PIRACY; PIRATED GOODS.— 
(A) PIRACY.—The term ‘‘piracy’’ means 
activities related to production or distribution of 
unauthorized copies or phonorecords of works 
protected under copyright law or related legisla-
tion. 
(B) PIRATED GOODS.—The term ‘‘pirated 
goods’’ means those copies or phonorecords de-
scribed in subparagraph (A). 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means—
145 
(A) any United States resident or national; 
(B) any corporation, partnership, other 
business entity, or other organization, that is 
organized under the laws of the United States; 
and 
(C) any foreign subsidiary or affiliate (in-
cluding any permanent foreign establishment) 
of any corporation, partnership, business entity, 
or organization described in subparagraph (B), 
that is controlled in fact by such corporation, 
partnership, business entity, or organization, 
except that such term does not include an individual 
who resides outside the United States and is em-
ployed by an individual or entity other than an indi-
vidual or entity described in subparagraph (A), (B), 
or (C). 
(i) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated under section 101, 
there are authorized to be appropriated for each fiscal year 
such sums as may be necessary for the training and sup-
port of the intellectual property attache´s appointed under 
subsection (b) and of other personnel serving as intellec-
tual property attache´s of any other department or agency 
of the United States.
146 
SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSI-
TION. 
(a) STATEMENT OF POLICY.—In order for the De-
partment of State to accurately represent all people in the 
United States, the Department must accurately reflect the 
diversity of the United States. 
(b) REPORT ON MINORITY RECRUITMENT.—Section 
324 of the Foreign Relations Authorization Act, Fiscal 
Year 2003 (Public Law 107–228) is amended— 
(1) in the matter preceding paragraph (1)— 
(A) by striking ‘‘On’’ and inserting ‘‘(a) 
REPORT
ON
MINORITY
GROUPS
AND 
WOMEN.—On’’; 
(B) by striking ‘‘April 1, 2003, and April 
1, 2004,’’ and inserting ‘‘April 1, 2010, and 
April 1, 2011,’’; 
(2) in paragraphs (1) and (2), by striking ‘‘mi-
nority groups’’ each place it appears and inserting 
‘‘minority groups and women’’; and 
(3) by adding at the end the following new sub-
section: 
‘‘(b) DEVELOPMENT OF METRICS TO EVALUATE EM-
PLOYMENT COMPOSITION.—The report required by sub-
section (a) shall also include a description of the following: 
‘‘(1) The ability of current recruitment, ad-
vancement, and retention practices to attract and
147 
maintain a diverse pool of qualified individuals in 
sufficient numbers throughout the Department, in-
cluding in the Cooperative Education Program (also 
known as the ‘Student Career Experience Pro-
gram’). 
‘‘(2) Efforts to develop a uniform definition, to 
be used throughout the Department, of diversity 
that is congruent with the core values and vision of 
the Department for the future workforce. 
‘‘(3) The existence of additional metrics and 
milestones for evaluating the diversity plans of the 
Department, including the Foreign Service and Sen-
ior Foreign Service, and for facilitating future eval-
uation and oversight.’’. 
(c) PUBLIC AVAILABILITY.—Each report required 
under section 324 of the Foreign Relations Authorization 
Act, Fiscal Year 2003, as amended by subsection (b) of 
this section, shall be made available to the public on the 
website of the Department of State not later than 15 days 
after the submission to Congress of each such report. 
(d) GAO REVIEW.—The Comptroller General of the 
United States, in consultation with the appropriate con-
gressional committees, shall conduct a review of the em-
ployment composition, recruitment, advancement, and re-
tention policies of the Department of State for women and
149 
2003 shall apply to funds authorized to be appropriated 
under section 101 of this division. 
SEC. 331. CONTRACTING. 
None of the funds authorized to be appropriated by 
this division, for projects initiated after the date of the 
enactment of this Act, may be used by the Department 
of State to enter into any Federal contract unless such 
contract is entered into in accordance with title III of the 
Federal Property and Administrative Services Act of 1949 
(41 U.S.C. 251 et seq.) and the Federal Acquisition Regu-
lation, unless such contract is otherwise authorized by 
statute to be entered into without regard to such Act and 
regulation. 
SEC. 332. LEGISLATIVE LIAISON OFFICE OF THE DEPART-
MENT OF STATE. 
(a) REPORT ON IMPROVING EFFECTIVENESS OF DE-
PARTMENT OF STATE LEGISLATIVE LIAISON OFFICE.— 
Not later than 6 months after the date of the enactment 
of this Act, the Secretary of State shall submit to the 
Committee on Foreign Affairs and the Committee on 
House Administration of the House of Representatives 
and the Committee on Foreign Relations and the Com-
mittee on Rules and Administration of the Senate a report 
on the mission and effectiveness of the existing Depart-
ment of State legislative liaison office.
150 
(b) REPORT CONSIDERATIONS.—The report required 
by subsection (a) shall consider— 
(1) whether the legislative liaison office has suf-
ficient resources necessary to communicate to Mem-
bers of Congress, committees, and their staffs the 
goals and missions of the Department of State; 
(2) whether current space within the office 
buildings of the House of Representatives as well as 
requested space within the office buildings of the 
Senate is sufficient to meet the mission of the legis-
lative liaison office; 
(3) whether current representational allowances 
are sufficient to allow the legislative liaison office to 
meet its mission; and 
(4) the feasibility of increasing personnel num-
bers in the legislative liaison office, including senior 
Foreign Service Officers. 
SEC. 333. DISCRIMINATION RELATED TO SEXUAL ORIENTA-
TION. 
(a) TRACKING VIOLENCE OR CRIMINALIZATION RE-
LATED TO SEXUAL ORIENTATION.—The Assistant Sec-
retary for Democracy, Human Rights and Labor shall des-
ignate a Bureau-based officer or officers who shall be re-
sponsible for tracking violence, criminalization, and re-
strictions on the enjoyment of fundamental freedoms, con-
151 
sistent with United States law, in foreign countries based 
on actual or perceived sexual orientation and gender iden-
tity. 
(b) INTERNATIONAL EFFORTS TO REVISE LAWS 
CRIMINALIZING HOMOSEXUALITY.—In keeping with the 
Administration’s endorsement of efforts by the United Na-
tions to decriminalize homosexuality in member states, the 
Secretary of State shall work though appropriate United 
States Government employees at United States diplomatic 
and consular missions to encourage the governments of 
other countries to reform or repeal laws of such countries 
criminalizing homosexuality or consensual homosexual 
conduct, or restricting the enjoyment of fundamental free-
doms, consistent with United States law, by homosexual 
individuals or organizations. 
(c) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 
PRACTICES.—The Foreign Assistance Act of 1961 is 
amended— 
(1) in section 116(d) (22 U.S.C. 2151n(d))— 
(A) in paragraph (10), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (11)— 
(i) in subparagraph (B), by striking 
‘‘and’’ at the end; and
152 
(ii) in subparagraph (C), by striking 
the period at the end and inserting ‘‘; 
and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(12) wherever applicable, violence or discrimi-
nation that affects the fundamental freedoms, con-
sistent with United States law, of an individual in 
foreign countries that is based on actual or perceived 
sexual orientation and gender identity.’’; and 
(2) in section 502B(b) (22 U.S.C. 2304(b)), by 
inserting after the eighth sentence the following new 
sentence: ‘‘Wherever applicable, violence or discrimi-
nation that affects the fundamental freedoms, con-
sistent with United States law, of an individual in 
foreign countries that is based on actual or perceived 
sexual orientation and gender identity.’’. 
(d) TRAINING FOR FOREIGN SERVICE OFFICERS.— 
Section 708(a) of the Foreign Service Act of 1980 (22 
16 U.S.C. 4028(a)) is amended— 
(1) in the matter preceding paragraph (1), by 
inserting ‘‘the Secretary for Democracy, Human 
Rights and Labor,’’ before ‘‘the Ambassador at 
Large’’;
153 
(2) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(3) in paragraph (3), by striking the period at 
the end and inserting ‘‘; and’’; and 
(4) by adding at the end the end the following 
new paragraph: 
‘‘(4) instruction, in courses covering human 
rights reporting and advocacy work, on identifying 
violence or discrimination that affects the funda-
mental freedoms, consistent with United States law, 
of an individual that is based on actual or perceived 
sexual orientation and gender identity.’’. 
SEC. 334. OFFICE FOR GLOBAL WOMEN’S ISSUES. 
(a) ESTABLISHMENT.—There is established an Office 
for Global Women’s Issues (in this section referred to as 
the ‘‘Office’’) in the Office of the Secretary of State in 
the Department of State. The Office shall be headed by 
the Ambassador-at-Large (in this section referred to as 
the ‘‘Ambassador’’), who shall be appointed by the Presi-
dent, by and with the advice and consent of the Senate. 
The Ambassador shall report directly to the Secretary of 
State. 
(b) PURPOSE.—The Office shall coordinate efforts of 
the United States Government regarding gender integra-
154 
tion and women’s empowerment in United States foreign 
policy. 
(c) DUTIES.— 
(1) IN GENERAL.—The Ambassador shall— 
(A) coordinate and advise on activities, 
policies, programs, and funding relating to gen-
der integration and women’s empowerment 
internationally for all bureaus and offices of the 
Department of State and in the international 
programs of other United States Government 
departments and agencies; 
(B) design, support, and as appropriate, 
implement, limited projects regarding women’s 
empowerment internationally; 
(C) actively promote and advance the full 
integration of gender analysis into the pro-
grams, structures, processes, and capacities of 
all bureaus and offices of the Department of 
State and in the international programs of 
other United States Government departments 
and agencies; and 
(D) direct, as appropriate, United States 
Government resources to respond to needs for 
gender integration and women’s empowerment
155 
in United States Government foreign policies 
and international programs. 
(2) COORDINATING
ROLE.—The Ambassador 
shall coordinate with the United States Agency for 
International Development and the Millennium Chal-
lenge Corporation on all policies, programs, and 
funding of such agencies relating to gender integra-
tion and women’s empowerment. 
(3) DIPLOMATIC REPRESENTATION.—Subject to 
the direction of the President and the Secretary of 
State, the Ambassador is authorized to represent the 
United States in matters relevant to the status of 
women internationally. 
(d) REPORTING.—The heads of all bureaus and of-
fices of the Department of State, as appropriate, shall 
evaluate and monitor all women’s empowerment programs 
administered by such bureaus and offices and annually 
submit to the Ambassador a report on such programs and 
on policies and practices to integrate gender. 
(e) RELATIONSHIP
TO OTHER LAWS REGARDING 
ABORTION.—Nothing in this section, and in particular the 
duties of the office described in subsection (c), shall be 
construed as affecting in any way existing statutory prohi-
bitions against abortion or existing statutory prohibitions 
on the use of funds to engage in any activity or effort
156 
to alter the laws or policies in effect in any foreign country 
concerning the circumstances under which abortion is per-
mitted, regulated, or prohibited. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated under section 101, 
there are authorized to be appropriated such sums as may 
be necessary for each of fiscal years 2010 and 2011 to 
carry out activities under this section. 
SEC. 335. FOREIGN SERVICE VICTIMS OF TERRORISM. 
(a) ADDITIONAL DEATH GRATUITY.—Section 413 of 
the Foreign Service Act of 1980 (22 U.S.C. 3973) is 
amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) In addition to a death gratuity payment under 
subsection (a), the Secretary or the head of the relevant 
United States Government agency is authorized to provide 
for payment to the surviving dependents of a Foreign 
Service employee or a Government executive branch em-
ployee, if such Foreign Service employee or Government 
executive branch employee is subject to the authority of 
the chief of mission pursuant to section 207, of an amount 
equal to a maximum of eight times the salary of such For-
157 
eign Service employee or Government executive branch 
employee if such Foreign Service employee or Government 
executive branch employee is killed as a result of an act 
of international terrorism. Such payment shall be accorded 
the same treatment as a payment made under subsection 
(a). For purposes of this subsection, the term ‘act of inter-
national terrorism’ has the meaning given such term in 
section 2331(1) of title 18, United States Code.’’. 
(b) CERTAIN SPECIFIC PAYMENTS.—Subject to the 
availability of appropriations specifically for the purpose 
specified in this subsection as provided in appropriations 
Acts enacted on or after October 1, 2007, and notwith-
standing any other provision of law, the Secretary of State 
shall pay the maximum amount of payment under section 
413(d) of the Foreign Service Act of 1980 (as amended 
by subsection a(2) of this section) to an individual de-
scribed in such section 413(d) or to an individual who was 
otherwise serving at a United States diplomatic or con-
sular mission abroad without a regular salary who was 
killed as a result of an act of international terrorism (as 
such term is defined in section 2331(1) of title 18, United 
States Code) that occurred between January 1, 1998, and 
the date of the enactment of this section, including the 
victims of the bombing of August 7, 1998, in Nairobi, 
Kenya. Such a payment shall be deemed to be a payment
158 
under section 413(d) of the Foreign Service Act of 1980, 
except that for purposes of this section, such payment 
shall, with respect to a United States citizen receiving pay-
ment under this section, be in an amount equal to ten 
times the salary specified in this section. For purposes of 
this section and section 413(d) of such Act, with respect 
to a United States citizen receiving payment under this 
section, the salary to be used for purposes of determining 
such payment shall be $94,000. 
SEC. 336. BROADENING EXPERIENCE WITHIN THE FOREIGN 
SERVICE. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State, acting through 
the Director of the Foreign Service, shall submit to the 
appropriate congressional committees a detailed plan to 
increase the career incentives provided to Foreign Service 
officers to serve in bureaus and offices of the Department 
of State not primarily focused on regional issues, including 
the Bureau of Democracy, Human Rights and Labor, the 
Bureau of Oceans and International Environmental and 
Scientific Affairs, and the Bureau of Population, Refugees 
and Migration. In formulating such plan, the Secretary 
shall consult with a broad range of active and retired For-
eign Service officers and current and former officials of
159 
the Department to elicit proposals on how to promote non- 
regional assignments, and shall consider— 
(1) requiring all Foreign Service officers to 
serve at least 2 years in an bureau or office of the 
Department not primarily focused on regional issues 
prior to joining the Senior Foreign Service; and 
(2) changing the composition of Foreign Service 
selection boards to increase the participation of De-
partment personnel with extensive experience in bu-
reaus and offices of the Department not primarily 
focused on regional issues. 
TITLE IV—INTERNATIONAL 
ORGANIZATIONS 
Subtitle A—International 
Leadership 
SEC. 401. SHORT TITLE. 
This subtitle may be cited as the ‘‘United States 
International Leadership Act of 2009’’. 
SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL 
ORGANIZATIONS. 
(a) PROMOTIONS.— 
(1) IN GENERAL.—Section 603(b) of the For-
eign Service Act of 1980 (22 U.S.C. 4003) is 
amended, in the second sentence, by inserting before 
the period at the end the following: ‘‘, and should
160 
consider whether the member of the Service has 
served in a position whose primary responsibility is 
to formulate policy toward, or represent the United 
States at, an international organization, a multilat-
eral institution, or a broad-based multilateral nego-
tiation of an international instrument’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date of the 
enactment of this Act and shall apply to members of 
the Foreign Service beginning on January 1, 2015. 
(b) ESTABLISHMENT OF A MULTILATERAL DIPLO-
MACY CONE IN THE FOREIGN SERVICE.— 
(1) FINDINGS.—Congress finds the following: 
(A) The Department of State maintains a 
number of United States missions both within 
the United States and abroad that are dedi-
cated to representing the United States to 
international organizations and multilateral in-
stitutions, including missions in New York, 
Brussels, Geneva, Rome, Montreal, Nairobi, Vi-
enna, and Paris. 
(B) In offices at the Harry S. Truman 
Building, the Department maintains a signifi-
cant number of positions in bureaus that are ei-
ther dedicated, or whose primary responsibility
161 
is, to represent the United States to such orga-
nizations and institutions or at multilateral ne-
gotiations. 
(C) Given the large number of positions in 
the United States and abroad that are dedi-
cated to multilateral diplomacy, the Department 
of State may be well served in developing per-
sons with specialized skills necessary to become 
experts in this unique form of diplomacy. 
(2) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the Secretary 
of State shall submit to the appropriate congres-
sional committees a report— 
(A) evaluating whether a new cone should 
be established for the Foreign Service that con-
centrates on members of the Service who serve 
at international organizations and multilateral 
institutions or are primarily responsible for par-
ticipation in broad-based multilateral negotia-
tions of international instruments; and 
(B) that provides alternative mechanisms 
for achieving the objective of developing a core 
group of United States diplomats and other 
Government employees who have expertise and
162 
broad experience in conducting multilateral di-
plomacy. 
SEC. 403. IMPLEMENTATION AND ESTABLISHMENT OF OF-
FICE ON MULTILATERAL NEGOTIATIONS. 
(a) ESTABLISHMENT OF OFFICE.—The Secretary of 
State is authorized to establish, within the Bureau of 
International Organization Affairs, an Office on Multilat-
eral Negotiations, to be headed by a Special Representa-
tive for Multilateral Negotiations (in this section referred 
to as the ‘‘Special Representative’’). 
(b) APPOINTMENT.—If the office referred to in sub-
section (a) is established, the Special Representative shall 
be appointed by the President by and with the advice and 
consent of the Senate and shall have the rank of Ambas-
sador-at-Large. At the discretion of the President another 
official at the Department may serve as the Special Rep-
resentative. The President may direct that the Special 
Representative report to the Assistant Secretary for Inter-
national Organization Affairs. 
(c) STAFFING.—The Special Representative shall 
have a staff of Foreign Service and civil service officers 
skilled in multilateral diplomacy. 
(d) DUTIES.—The Special Representative shall have 
the following responsibilities:
163 
(1) IN GENERAL.—The primary responsibility 
of the Special Representative shall be to assist in the 
organization of, and preparation for, United States 
participation in multilateral negotiations, including 
the advocacy efforts undertaken by the Department 
of State and other United States agencies. 
(2) ADVISORY ROLE.—The Special Representa-
tive shall advise the President and the Secretary of 
State, as appropriate, regarding advocacy at inter-
national organizations and multilateral institutions 
and negotiations and, in coordination with the As-
sistant Secretary for International Organization Af-
fairs, shall make recommendations regarding— 
(A) effective strategies and tactics to 
achieve United States policy objectives at multi-
lateral negotiations; 
(B) the need for and timing of high level 
intervention by the President, the Secretary of 
State, the Deputy Secretary of State, and other 
United States officials to secure support from 
key foreign government officials for the United 
States position at such organizations, institu-
tions, and negotiations; 
(C) the composition of United States dele-
gations to multilateral negotiations; and
164 
(D) liaison with Congress, international or-
ganizations, 
nongovernmental 
organizations, 
and the private sector on matters affecting mul-
tilateral negotiations. 
(3) LEADERSHIP AND MEMBERSHIP OF INTER-
NATIONAL ORGANIZATIONS.—The Special Represent-
ative, in coordination with the Assistant Secretary of 
International Organization Affairs, shall direct the 
efforts of the United States Government to reform 
the criteria for leadership and membership of inter-
national organizations. 
(4) PARTICIPATION
IN
MULTILATERAL
NEGO-
TIATIONS.—The Special Representative, or members 
of the Special Representative’s staff, may, as re-
quired by the President or the Secretary of State, 
serve on a United States delegation to any multilat-
eral negotiation. 
SEC. 404. SYNCHRONIZATION OF UNITED STATES CON-
TRIBUTIONS TO INTERNATIONAL ORGANIZA-
TIONS. 
Not later than 180 days after the date of the enact-
ment of this Act, the President shall transmit to the ap-
propriate congressional committees a plan on the imple-
mentation of section 404 of the Foreign Relations Author-
ization Act of 2003 (Public Law 107–228; relating to a
165 
resumption by the United States of the payment of its full 
contributions to certain international organizations at the 
beginning of each calendar year). 
SEC. 405. UNITED STATES ARREARAGES TO THE UNITED 
NATIONS. 
In addition to amounts otherwise available for the 
payment of Assessed Contributions to International Orga-
nizations and Contributions for International Peace-
keeping Activities, there is authorized to be appropriated 
such sums as may be necessary to pay all United States 
arrearages in payments to the United Nations recognized 
by the United States. 
Subtitle B—General Provisions 
SEC. 411. ORGANIZATION OF AMERICAN STATES. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) multilateral diplomacy in the context of the 
Americas has suffered considerably in the past dec-
ade, to the direct detriment of the national interest 
of the United States in the region; 
(2) given the recent proliferation of multilateral 
groupings in the Americas region in which the 
United States in not a member, it is imperative to 
focus on and promote United States diplomatic ef-
forts in the Organization of American States (OAS),
166 
where the United States is a founding member and 
whose central tenets include democratic values con-
sidered vital for this region; 
(3) it is critical for the United States to imme-
diately re-establish its unique leadership voice in this 
region and specifically in the OAS setting; and 
(4) an effective way to help achieve this short 
term objective is to establish a fund to promote mul-
tilateral interests of the United States in the region. 
(b) MULTILATERAL FUND.— 
(1) IN GENERAL.—There is hereby established 
in the Department of State a Fund to Promote 
Multilateralism in the Americas (referred to in this 
section as the ‘‘Fund’’). 
(2) ACTIVITIES SUPPORTED.—The Fund shall 
support activities that promote the multilateral in-
terests of the United States in the Americas region, 
including— 
(A) United States diplomatic activities 
within and related to the OAS; 
(B) voluntary contributions to entities and 
organs of the OAS to carry out programs and 
activities that support the interests of the 
United States; 
(C) outreach and cultural activities;
167 
(D) conferences; and 
(E) general advocacy for United States in-
terests. 
(c) ADMINISTRATION.—The Fund shall be adminis-
tered by the United States Mission to the Organization 
of American States, as directed by the United States Per-
manent Representative to the OAS, for use on matters 
that arise in the context of the OAS. 
(d) AUTHORIZATION.—Of the amounts authorized to 
be appropriated for the Administration of Foreign Affairs 
pursuant to section 101, there is authorized to be appro-
priated $2,000,000 for each of fiscal years 2010 and 2011 
only to carry out this section. 
SEC. 412. PEACEKEEPING OPERATIONS CONTRIBUTIONS. 
Section 404(b)(2)(B) of the Foreign Relations Au-
thorization Act, Fiscal Years 1994 and 1995 (Public Law 
103–236) (22 U.S.C. 287e note) is amended at the end 
by adding the following new clause: 
‘‘(vi) For assessments made during 
calendar years 2009, 2010, and 2011, 27.1 
percent.’’. 
SEC. 413. PACIFIC ISLANDS FORUM. 
It is the sense of Congress that the Secretary of State 
should work with the Pacific Islands Forum to find appro-
priate affiliations for representatives of American Samoa,
168 
Guam, and the Commonwealth of the Northern Mariana 
Islands. 
SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COM-
MISSIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act and 2 years thereafter, 
the Secretary of State shall submit to the appropriate con-
gressional committees a report on the activities of each 
of the commissions specified in paragraphs (1), (2), and 
(3) of section 103. 
(b) REPORT
ELEMENTS.—The reports required 
under subsection (a) shall include information concerning 
the following: 
(1) Amounts obligated and expended during the 
two previous fiscal years by each of such commis-
sions. 
(2) A description of the projects carried out 
during such years by each of such commissions and 
a description of the management and implementa-
tion of such projects, including the use of private 
contractors. 
(3) Projects anticipated during the next two fis-
cal years related to the activities of each of such 
commissions because of obligations that the United
169 
States has entered into based on any treaty between 
the United States and another country. 
(c) SUBMISSION
OF
THE REPORTS.—The reports 
may be combined with the annual budget justification sub-
mitted by the President in accordance with section 
1105(a) of title 31, United States Code. 
SEC. 415. ENHANCING NUCLEAR SAFEGUARDS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Treaty on the Non-Proliferation of Nu-
clear Weapons, done at Washington, London, and 
Moscow July 1, 1968, and entered into force March 
5, 1970 (commonly known as the ‘‘Nuclear Non- 
Proliferation Treaty’’ or ‘‘NPT’’) and the safeguards 
system of the International Atomic Energy Agency 
(IAEA) are indispensable to international peace and 
security. 
(2) Congress has long supported efforts aimed 
at effective and efficient assurances of nuclear fuel 
supply, the strengthening of IAEA safeguards, and 
assistance to the developing world for nuclear and 
non-nuclear energy sources, as embodied in the Nu-
clear Non-Proliferation Act of 1978 (22 U.S.C. 3201 
et seq.).
170 
(3) According to some experts, global energy 
demand will grow by 50 percent in the next 20 
years, predominantly in the developing world. 
(4) The Government Accountability Office 
(GAO) stated in testimony before Congress in Sep-
tember 2006 that ‘‘while IAEA is increasingly rely-
ing on the analytical skills of its staff to detect coun-
tries’’ undeclared nuclear activities, the agency is 
facing a looming human capital crisis. 
(5) The Director General of the IAEA told the 
Board of Governors of the IAEA in March 2009 
that the ‘‘deteriorating conditions in our labora-
tories, for example, threaten both our ability to de-
liver our programmed, as well as our independent 
analytical capability’’. 
(6) Considerable investment is needed for the 
IAEA’s Safeguards Analytical Laboratory (SAL), to 
meet future IAEA requirements as its workload is 
growing, the laboratory’s infrastructure is aging, 
and IAEA requirements have become more demand-
ing, and while initial plans have been made for lab-
oratory enhancement and are currently pending 
budgetary approval (sometime in 2009), the simple 
fact is that, as more countries implement IAEA
171 
safeguards, many more nuclear samples come to 
SAL for analysis. 
(7) The existing funding, planning, and execu-
tion of IAEA safeguards is not sufficient to meet the 
predicted growth in the future of civilian nuclear 
power, and therefore any growth in civilian nuclear 
power must be evaluated against the challenges it 
poses to verification of the assurances of peace and 
security provided by the IAEA safeguards system. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 for the refur-
bishment or possible replacement of the IAEA’s Safe-
guards Analytical Laboratory. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State, in 
consultation with the Secretary of Energy, shall submit 
to the appropriate congressional committees and the Com-
mittee on Armed Services of the House of Representatives 
and the Committee on Armed Services of the Senate a 
report on the refurbishment or possible replacement of the 
IAEA’s Safeguards Analytical Laboratory pursuant to 
subsection (b).
172 
SEC. 416. IMPLEMENTATION OF RECOMMENDATIONS OF 
COMMISSION ON THE PREVENTION OF WEAP-
ONS OF MASS DESTRUCTION PROLIFERATION 
AND TERRORISM. 
(a) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary for each of the fiscal years 2010 and 2011 to imple-
ment the following recommendations of the Report of the 
Commission on the Prevention of Weapons of Mass De-
struction Proliferation and Terrorism regarding the Inter-
national Atomic Energy Agency (IAEA) and nuclear safe-
guards reform: 
(1) The United States should work with the 
IAEA Director General to consider establishing a 
safeguards user fee, whereby countries with in-
spected facilities would be assessed a fee to help 
defer the costs of IAEA inspections. 
(2) The United States should work with the 
IAEA Director General and other interested parties 
to routinely (at least every 2 years) assess whether 
the IAEA can meet its own inspection goals, whether 
those goals afford timely warning of an ability to ac-
count for a bomb’s worth of nuclear material, as re-
quired by United States law, and what corrective ac-
tions, if any, might help the IAEA to achieve its in-
spection goals. This assessment should also clarify
173 
those instances in which achieving the goals is not 
possible. 
(3) The United States should work with the 
IAEA Director General to provide for the acquisition 
and implementation of near-real-time surveillance 
equipment at a number of sites where nuclear fuel 
rods are located and where such equipment must be 
installed so that the IAEA can establish the inspec-
tion continuity of the fresh and spent fuel rods and 
to install wide-area surveillance needed to monitor 
activities under the Additional Protocol. 
(4) The United States should work with the 
IAEA Director General to promote much-needed 
transparency at suspect sites, to help deter transfers 
of nuclear fuel and nuclear weapons technology, and 
to encourage IAEA member states to maintain a 
registry of all foreign visitors at safeguarded sites. 
This registry should be made available to other 
IAEA members upon request. 
(5) The United States should work with the 
IAEA Director General to establish a complete coun-
try-by-country inventory of nuclear materials that 
could be used to make nuclear bombs. The informa-
tion should be shared, as appropriate, with indi-
vidual IAEA member states and the public to ensure
174 
that it can be used effectively in developing the plan 
for IAEA safeguards. The IAEA should update the 
database regularly. 
(6) The United States should work with the 
IAEA Director General to require that the transfer 
of all items on the Nuclear Suppliers Group dual-use 
and trigger lists be reported to the IAEA or relevant 
authority and assist in developing a system to proc-
ess and analyze the information gathered, making 
unreported transfers illegal and subject to seizure. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees and 
the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the 
Senate a report on progress toward the implementation 
of this section. 
SEC. 417. ASIA-PACIFIC ECONOMIC COOPERATION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States’ continued engagement in 
Asia must be a cornerstone of United States foreign 
policy in the 21st Century; 
(2) the President must elevate the role of the 
United States in the Asia-Pacific Economic Coopera-
175 
tion forum (APEC) by ensuring that United States 
Government officials of the appropriate rank attend 
APEC activities; and 
(3) increased participation by United States 
small businesses, particularly manufacturers, will 
add substantial benefit to APEC discussions and 
help strengthen the influence of the United States 
within APEC. 
(b) SMALL BUSINESS DEFINED.—In this section, the 
term ‘‘small business’’ shall have the meaning given the 
term ‘‘small business concern’’ in section 410(9) of the 
Small Business Investment Act of 1958 (15 U.S.C. 
694a(9)). 
(c) UNITED STATES PARTICIPATION AT APEC.— 
(1) DESIGNATION OF APEC COORDINATORS.— 
The President shall designate in appropriate depart-
ments and agencies an existing official of appro-
priate senior rank to serve as each such depart-
ment’s or agency’s ‘‘APEC Coordinator’’. 
(2) DUTIES OF APEC COORDINATORS.— 
(A) IN GENERAL.—The APEC Coordina-
tors of the appropriate departments and agen-
cies designated in accordance with paragraph 
(1) shall, in consultation with the United States 
Ambassador to APEC, set department- and
176 
agency-wide guidelines for each such depart-
ment’s or agency’s participation at APEC. 
(B) REPORT.—Not later than 180 days 
after the date of the enactment of this Act and 
annually thereafter, the Secretary of State, with 
input from each APEC Coordinator, shall sub-
mit to the appropriate congressional committees 
a report on efforts to enhance each depart-
ment’s and agency’s participation at APEC. 
(d) ENHANCING SMALL BUSINESS PARTICIPATION 
AT APEC.— 
(1) DESIGNATION
OF
SMALL
BUSINESS
LIAI-
SON.—The Secretary of State shall designate an ex-
isting officer within the Bureau of East Asian and 
Pacific Affairs to serve as a ‘‘Small Business Liai-
son’’. Such designee shall be of the appropriate sen-
ior rank. 
(2) DEPARTMENT
OF
STATE
WEBSITE.—The 
Secretary of State shall post on the website of the 
Department of State a dedicated page for United 
States small businesses to facilitate direct commu-
nication between the United States Government and 
the business community concerning APEC. 
(3) COORDINATION.—The Secretary of State 
shall coordinate with existing private sector partners
177 
and relevant business associations to promote par-
ticipation by small businesses at APEC. The Sec-
retary shall ensure that notices about meetings and 
briefings provided by United States APEC officials 
on APEC-related issues are posted on the website of 
the Department of State (in accordance with para-
graph (2)) not later than 15 days before the dates 
of such meetings and briefings. 
(e) REPORT ON HOSTING OF APEC 2011 IN THE 
UNITED STATES.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees a re-
port detailing the mechanisms that are in place or are 
being considered for hosting the 2011 meeting of APEC 
in the United States, including an analysis of the esti-
mated or projected costs associated with such meetings. 
SEC. 418. IMPLEMENTING AN INTERNATIONAL NUCLEAR 
FUEL BANK. 
It is the sense of Congress that, not later than 120 
after the date of the enactment of this Act, the Secretary 
of State should appoint a coordinator to help implement 
the International Nuclear Fuel Bank to ensure that coun-
tries have a supply of fuel for nuclear energy and do not 
have to enrich their own uranium.
178 
TITLE 
V—UNITED 
STATES 
INTERNATIONAL 
BROAD-
CASTING 
SEC. 
501. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
INTERNATIONAL BROADCASTING. 
The following amounts are authorized to be appro-
priated to carry out United States international broad-
casting activities under the United States Information and 
Educational Exchange Act of 1948, the Radio Broad-
casting to Cuba Act, the Television Broadcasting to Cuba 
Act, the United States International Broadcasting Act of 
1994, and the Foreign Affairs Reform and Restructuring 
Act of 1998, and to carry out other authorities in law con-
sistent with such purposes: 
(1) For ‘‘International Broadcasting Oper-
ations’’, $732,187,000 for fiscal year 2010 and such 
sums as may be necessary for fiscal year 2011. 
(2) For ‘‘Broadcasting Capital Improvements’’, 
$13,263,000 for fiscal year 2010 and such sums as 
may be necessary for fiscal year 2011. 
SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM. 
Section 504 of the Foreign Relations Authorization 
Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 
6206 note), is amended—
179 
(1) in the section heading, by striking 
‘‘PILOT’’; 
(2) in subsection (a)— 
(A) by striking ‘‘pilot’’; and 
(B) adding at the end the following new 
sentence: ‘‘An individual hired as a personal 
service contractor pursuant to this section shall 
not, by virtue of such hiring, be considered to 
be an employee of the United States Govern-
ment for purposes of any law administered by 
the Office of Personnel Management.’’; 
(3) in subsection (b)— 
(A) in paragraph (4), by striking ‘‘60’’ and 
inserting ‘‘125’’; and 
(B) by adding at the end the following new 
paragraph: 
‘‘(5) The annual salary rate for personal serv-
ices contractors may not exceed the rate for level IV 
of the Executive Schedule.’’; and 
(4) in subsection (c), by striking ‘‘2009’’ and 
inserting ‘‘2011’’.
180 
SEC. 503. RADIO FREE EUROPE/RADIO LIBERTY PAY PAR-
ITY. 
Section 308(h)(1)(C) of the United States Inter-
national 
Broadcasting 
Act 
of 
1994 
(22 
U.S.C. 
6207(h)(1)(C)) is amended— 
(1) by inserting ‘‘and one employee abroad’’ 
after ‘‘D.C.’’; 
(2) by striking ‘‘III’’ and inserting ‘‘II’’; and 
(3) by striking ‘‘5314’’ and inserting ‘‘5313’’. 
SEC. 504. EMPLOYMENT FOR INTERNATIONAL BROAD-
CASTING. 
Section 804(1) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) 
is amended by inserting after ‘‘suitably qualified United 
States citizens’’ the following: ‘‘(for purposes of this para-
graph, the term ‘suitably qualified United States citizens’ 
means those United States citizen applicants who are 
equally or better qualified than non-United States citizen 
applicants)’’. 
SEC. 505. DOMESTIC RELEASE OF THE VOICE OF AMERICA 
FILM ENTITLED ‘‘A FATEFUL HARVEST’’. 
(a) IN GENERAL.—Notwithstanding section 208 of 
the Foreign Relations Authorization Act, Fiscal Years 
1986 and 1987 (22 U.S.C. 1461–1a) and section 501(b) 
of the United States Information and Educational Ex-
change Act of 1948 (22 U.S.C. 1461(b)), the Director of
181 
the International Broadcasting Bureau shall provide a 
master copy of the film entitled ‘‘A Fateful Harvest’’ to 
the Archivist of the United States for domestic release in 
accordance with subsection (b). 
(b) DOMESTIC RELEASE.—Upon evidence that nec-
essary United States rights and licenses have been secured 
by the person seeking domestic release of the film referred 
to in subsection (a), the Archivist shall— 
(1) deposit the film in the National Archives of 
the United States; and 
(2) make copies of the film available for pur-
chase and public viewing within the United States. 
SEC. 506. ESTABLISHING PERMANENT AUTHORITY FOR 
RADIO FREE ASIA. 
Section 309 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6208) is amended— 
(1) in subsection (c)(2), by striking ‘‘, and shall 
further specify that funds to carry out the activities 
of Radio Free Asia may not be available after Sep-
tember 30, 2010’’; 
(2) by striking subsection (f); and 
(3) by redesignating subsections (g) and (h) as 
subsection (f) and (g), respectively.
182 
TITLE VI—PEACE CORPS 
SEC. 601. FINDINGS; STATEMENT OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) On October 14, 1960, then Senator John F. 
Kennedy addressed students on the steps of the Uni-
versity of Michigan Union to enlist their effort to 
make the world a better place by serving their coun-
try abroad. 
(2) On March 1, 1961, then President John F. 
Kennedy signed an Executive Order establishing a 
Peace Corps that was ‘‘designed to permit our peo-
ple to exercise more fully their responsibilities in the 
great common cause of world development’’. 
(3) Since its establishment, the Peace Corps 
has been guided by its mission to promote world 
peace and friendship and has sought to fulfill the 
following three goals: 
(A) To help the people of interested coun-
tries in meeting their needs for trained men 
and women. 
(B) To promote a better understanding of 
Americans on the part of the peoples served. 
(C) To help promote a better under-
standing of other peoples on the part of Ameri-
cans.
183 
(4) Over the last 48 years, nearly 200,000 
Peace Corps volunteers have served in 139 countries. 
(5) The Peace Corps is the world’s premier 
international service organization dedicated to pro-
moting sustainable grassroots development by work-
ing with host communities in the areas of agri-
culture, business development, education, the envi-
ronment, health and HIV/AIDS, and youth. 
(6) The Peace Corps remains committed to 
sending well trained and well supported Peace Corps 
volunteers overseas to promote peace, friendship, 
cross-cultural awareness, and mutual understanding 
between the United States and other countries. The 
Peace Corps has an impressive record of engen-
dering good will through the service that American 
volunteers provide. 
(7) Recognizing the Peace Corps’ unique and 
effective role in promoting volunteer service by 
American citizens, President Obama and Vice Presi-
dent Biden announced their intent to double the size 
of Peace Corps in an expeditious and effective man-
ner. 
(8) Over 13,000 Americans applied in 2008 to 
volunteer their service to serve the world’s poorest 
communities in the Peace Corps, a 16 percent in-
184 
crease over the nearly 11,000 applications received 
in 2007. 
(9) Under current funding levels, the Peace 
Corps is able to provide new placements for only 
one-third of the American applicants seeking the op-
portunity to serve their country and the world. At 
the end of fiscal year 2008, there were nearly 8,000 
Peace Corps volunteers serving in 76 countries 
around the world. 
(b) STATEMENT OF POLICY.—It is the policy of the 
United States to— 
(1) double the number of Peace Corps volun-
teers and strengthen and improve the Peace Corps 
and its programs; 
(2) improve the coordination of Peace Corps 
programs with development programs of other Fed-
eral departments and agencies, without diminishing 
the independence of the Peace Corps; and 
(3) promote all types of volunteerism by Ameri-
cans in the developing world. 
SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT. 
(a) PEACE CORPS RESPONSE PROGRAM.—The Peace 
Corps Act (22 U.S.C. 2501 et seq.) is amended by insert-
ing after section 5 the following new section:
185 
‘‘SEC. 5A. PEACE CORPS RESPONSE PROGRAM. 
‘‘The Director of the Peace Corps is authorized to 
establish a special program that assigns returned Peace 
Corps volunteers or other volunteers to provide short-term 
development or other relief assistance or to otherwise be 
assigned or made available to any entity referred to in sub-
section (a)(1) of section 10. The term of such service shall 
be less than the term of service of a volunteer under sec-
tion 5. Except to the extent determined necessary and ap-
propriate by the Director, the program established under 
this section may not cause a diminution in the number 
or quality of projects or volunteers assigned to longer term 
assignments under section 5.’’. 
(b) COORDINATION OF PEACE CORPS PROGRAMS.— 
Paragraph (2) of section 4(c) of the Peace Corps Act (22 
U.S.C. 2503(c)) is amended to read as follows: 
‘‘(2) The Director of the Peace Corps shall, as appro-
priate and to the maximum extent practicable without di-
minishing any program or operational independence, work 
with the heads of Federal departments and agencies to 
identify synergies and avoid duplication of efforts with 
Peace Corps programs in the field and at headquarters.’’. 
(c) READJUSTMENT ALLOWANCE.—Subsection (c) of 
section 5 of the Peace Corps Act (22 U.S.C. 2504(c)) is 
amended, in the first sentence, by striking ‘‘$125’’ and 
inserting ‘‘$225’’.
188 
TITLE 
VII—SENATOR 
PAUL 
SIMON STUDY ABROAD FOUN-
DATION ACT OF 2009 
SEC. 701. SHORT TITLE. 
This title may be cited as the ‘‘Senator Paul Simon 
Study Abroad Foundation Act of 2009’’. 
SEC. 702. FINDINGS. 
Congress makes the following findings: 
(1) According to former President George W. 
Bush, ‘‘America’s leadership and national security 
rest on our commitment to educate and prepare our 
youth for active engagement in the international 
community.’’. 
(2) According to former President William J. 
Clinton, ‘‘Today, the defense of United States inter-
ests, the effective management of global issues, and 
even an understanding of our Nation’s diversity re-
quire ever-greater contact with, and understanding 
of, people and cultures beyond our borders.’’. 
(3) Congress authorized the establishment of 
the Commission on the Abraham Lincoln Study 
Abroad Fellowship Program pursuant to section 104 
of the Miscellaneous Appropriations and Offsets Act, 
2004 (division h of Public Law 108–199). Pursuant 
to its mandate, the Lincoln Commission has sub-
189 
mitted to Congress and the President a report of its 
recommendations for greatly expanding the oppor-
tunity for students at institutions of higher edu-
cation in the United States to study abroad, with 
special emphasis on studying in developing nations. 
(4) According to the Lincoln Commission, 
‘‘[s]tudy abroad is one of the major means of pro-
ducing foreign language speakers and enhancing for-
eign language learning’’ and, for that reason, ‘‘is 
simply essential to the [N]ation’s security.’’. 
(5) Studies consistently show that United 
States students score below their counterparts in 
other advanced countries on indicators of inter-
national knowledge. This lack of global literacy is a 
national liability in an age of global trade and busi-
ness, global interdependence, and global terror. 
(6) Americans believe that it is important for 
their children to learn other languages, study 
abroad, attend a college where they can interact with 
international students, learn about other countries 
and cultures, and generally be prepared for the glob-
al age. 
(7) In today’s world, it is more important than 
ever for the United States to be a responsible, con-
structive leader that other countries are willing to
190 
follow. Such leadership cannot be sustained without 
an informed citizenry with significant knowledge and 
awareness of the world. 
(8) Study abroad has proven to be a very effec-
tive means of imparting international and foreign 
language competency to students. 
(9) In any given year, only approximately 1 
percent of all students enrolled in United States in-
stitutions of higher education study abroad. 
(10) Less than 10 percent of the students who 
graduate from United States institutions of higher 
education with bachelors degrees have studied 
abroad. 
(11) Far more study abroad must take place in 
developing countries. Ninety-five percent of the 
world’s population growth over the next 50 years 
will occur outside of Europe, yet in the academic 
year 2004–2005, 60 percent of United States stu-
dents studying abroad studied in Europe, and 45 
percent studied in four countries—the United King-
dom, Italy, Spain, and France. 
(12) The Final Report of the National Commis-
sion on Terrorist Attacks Upon the United States 
(the 9/11 Commission Report) recommended that 
the United States increase support for ‘‘scholarship,
191 
exchange, and library programs’’. The 9/11 Public 
Discourse Project, successor to the 9/11 Commis-
sion, noted in its November 14, 2005, status report 
that this recommendation was ‘‘unfulfilled,’’ and 
stated that ‘‘[t]he U.S. should increase support for 
scholarship and exchange programs, our most power-
ful tool to shape attitudes over the course of a gen-
eration.’’. In its December 5, 2005, Final Report on 
the 9/11 Commission Recommendations, the 9/11 
Public Discourse Project gave the government a 
grade of ‘‘D’’ for its implementation of this rec-
ommendation. 
(13) Investing in a national study abroad pro-
gram would help turn a grade of ‘‘D’’ into an ‘‘A’’ 
by equipping United States students to communicate 
United States values and way of life through the 
unique dialogue that takes place among citizens 
from around the world when individuals study 
abroad. 
(14) An enhanced national study abroad pro-
gram could help further the goals of other United 
States Government initiatives to promote edu-
cational, social, and political reform and the status 
of women in developing and reforming societies
192 
around the world, such as the Middle East Partner-
ship Initiative. 
(15) To complement such worthwhile Federal 
programs and initiatives as the Benjamin A. Gilman 
International Scholarship Program, the National Se-
curity Education Program, and the National Secu-
rity Language Initiative, a broad-based under-
graduate study abroad program is needed that will 
make many more study abroad opportunities acces-
sible to all undergraduate students, regardless of 
their field of study, ethnicity, socio-economic status, 
or gender. 
(16) To restore America’s standing in the 
world, President Barack Obama has said that he will 
call on our nation’s greatest resource, our people, to 
reach out to and engage with other nations. 
SEC. 703. PURPOSES. 
The purposes of this title are— 
(1) to significantly enhance the global competi-
tiveness and international knowledge base of the 
United States by ensuring that more United States 
students have the opportunity to acquire foreign lan-
guage skills and international knowledge through 
significantly expanded study abroad;
193 
(2) to enhance the foreign policy capacity of the 
United States by significantly expanding and diversi-
fying the talent pool of individuals with non-tradi-
tional foreign language skills and cultural knowledge 
in the United States who are available for recruit-
ment by United States foreign affairs agencies, leg-
islative branch agencies, and nongovernmental orga-
nizations involved in foreign affairs activities; 
(3) to ensure that an increasing portion of 
study abroad by United States students will take 
place in nontraditional study abroad destinations 
such as the People’s Republic of China, countries of 
the Middle East region, and developing countries; 
and 
(4) to create greater cultural understanding of 
the United States by exposing foreign students and 
their families to United States students in countries 
that have not traditionally hosted large numbers of 
United States students. 
SEC. 704. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means—
194 
(A) the Committee on Foreign Affairs and 
the Committee on Appropriations of the House 
of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate. 
(2) BOARD.—The term ‘‘Board’’ means the 
Board of Directors of the Foundation established 
pursuant to section 705(d). 
(3) CHIEF
EXECUTIVE
OFFICER.—The term 
‘‘Chief Executive Officer’’ means the chief executive 
officer of the Foundation appointed pursuant to sec-
tion 705(c). 
(4) FOUNDATION.—The term ‘‘Foundation’’ 
means the Senator Paul Simon Study Abroad Foun-
dation established by section 705(a). 
(5) INSTITUTION OF HIGHER EDUCATION.—The 
term ‘‘institution of higher education’’ has the 
meaning given the term in section 101(a) of the 
Higher Education Act of 1965 (20 U.S.C. 1001(a)). 
(6) NATIONAL OF THE UNITED STATES.—The 
term ‘‘national of the United States’’ means a na-
tional of the United States or an alien lawfully ad-
mitted for permanent residence (as those terms are
195 
defined in section 101 of the Immigration and Na-
tionality Act (8 U.S.C. 1101)). 
(7) NONTRADITIONAL STUDY ABROAD DESTINA-
TION.—The term ‘‘nontraditional study abroad des-
tination’’ means a location that is determined by the 
Foundation to be a less common destination for 
United States students who study abroad. 
(8) STUDY ABROAD.—The term ‘‘study abroad’’ 
means an educational program of study, work, re-
search, internship, or combination thereof that is 
conducted outside the United States and that carries 
academic credit toward fulfilling the participating 
student’s degree requirements. 
(9) 
UNITED
STATES.—The 
term 
‘‘United 
States’’ means any of the several States, the District 
of Columbia, Puerto Rico, the Northern Mariana Is-
lands, the Virgin Islands, Guam, American Samoa, 
and any other territory or possession of the United 
States. 
(10) UNITED
STATES
STUDENT.—The term 
‘‘United States student’’ means a national of the 
United States who is enrolled at an institution of 
higher education located within the United States.
196 
SEC. 705. ESTABLISHMENT AND MANAGEMENT OF THE 
SENATOR PAUL SIMON STUDY ABROAD FOUN-
DATION. 
(a) ESTABLISHMENT.— 
(1) IN GENERAL.—There is established in the 
executive branch a corporation to be known as the 
‘‘Senator Paul Simon Study Abroad Foundation’’ 
that shall be responsible for carrying out this title. 
The Foundation shall be a government corporation, 
as defined in section 103 of title 5, United States 
Code. 
(2) BOARD
OF
DIRECTORS.—The Foundation 
shall be governed by a Board of Directors in accord-
ance with subsection (d). 
(3) INTENT OF CONGRESS.—It is the intent of 
Congress in establishing the structure of the Foun-
dation set forth in this subsection to create an entity 
that will administer a study abroad program that— 
(A) serves the long-term foreign policy and 
national security needs of the United States; 
but 
(B) operates independently of short-term 
political and foreign policy considerations. 
(b) MANDATE OF FOUNDATION.—In administering 
the program referred to in subsection (a)(3), the Founda-
tion shall—
197 
(1) promote the objectives and purposes of this 
title; 
(2) through responsive, flexible grant-making, 
promote access to study abroad opportunities by 
United States students at diverse institutions of 
higher education, including 2-year institutions, mi-
nority-serving institutions, and institutions that 
serve nontraditional students, and 4-year colleges 
and universities demonstrating an institutional com-
mitment to increasing study abroad participation; 
(3) through creative grant-making, promote ac-
cess to study abroad opportunities by diverse United 
States students, including minority students, stu-
dents of limited financial means, and nontraditional 
students; 
(4) solicit funds from the private sector to sup-
plement funds made available under this title; and 
(5) minimize administrative costs and maximize 
the availability of funds for grants under this title. 
(c) CHIEF EXECUTIVE OFFICER.— 
(1) IN GENERAL.—There shall be in the Foun-
dation a Chief Executive Officer who shall be re-
sponsible for the management of the Foundation. 
(2) APPOINTMENT.—The Chief Executive Offi-
cer shall be appointed by the Board and shall be a
198 
recognized leader in higher education, business, or 
foreign policy, chosen on the basis of a rigorous 
search. 
(3) RELATIONSHIP TO BOARD.—The Chief Ex-
ecutive Officer shall report to and be under the di-
rect authority of the Board. 
(4) COMPENSATION AND RANK.— 
(A) IN
GENERAL.—The Chief Executive 
Officer shall be compensated at the rate pro-
vided for level IV of the Executive Schedule 
under section 5315 of title 5, United States 
Code. 
(B) AMENDMENT.—Section 5315 of title 
5, United States Code, is amended by adding at 
the end the following: 
‘‘Chief Executive Officer, Senator Paul Simon 
Study Abroad Foundation.’’. 
(5) AUTHORITIES AND DUTIES.—The Chief Ex-
ecutive Officer shall be responsible for the manage-
ment of the Foundation and shall exercise the pow-
ers and discharge the duties of the Foundation. 
(6) AUTHORITY
TO
APPOINT
OFFICERS.—In 
consultation and with approval of the Board, the 
Chief Executive Officer shall appoint all officers of 
the Foundation.
199 
(d) BOARD OF DIRECTORS.— 
(1) ESTABLISHMENT.—There shall be in the 
Foundation a Board of Directors. 
(2) DUTIES.—The Board shall perform the 
functions specified to be carried out by the Board in 
this title and may prescribe, amend, and repeal by- 
laws, rules, regulations, and procedures governing 
the manner in which the business of the Foundation 
may be conducted and in which the powers granted 
to it by law may be exercised. 
(3) MEMBERSHIP.—The Board shall consist 
of— 
(A) the Secretary of State (or the Sec-
retary’s designee), the Secretary of Education 
(or the Secretary’s designee), the Secretary of 
Defense (or the Secretary’s designee), and the 
Administrator of the United States Agency for 
International Development (or the Administra-
tor’s designee); and 
(B) five other individuals with relevant ex-
perience in matters relating to study abroad 
(such as individuals who represent institutions 
of higher education, business organizations, for-
eign policy organizations, or other relevant or-
ganizations) who shall be appointed by the
200 
President, by and with the advice and consent 
of the Senate, of which— 
(i) one individual shall be appointed 
from among a list of individuals submitted 
by the Speaker of the House of Represent-
atives; 
(ii) one individual shall be appointed 
from among a list of individuals submitted 
by the minority leader of the House of 
Representatives; 
(iii) one individual shall be appointed 
from among a list of individuals submitted 
by the majority leader of the Senate; and 
(iv) one individual shall be appointed 
from among a list of individuals submitted 
by the minority leader of the Senate. 
(4) CHIEF
EXECUTIVE
OFFICER.—The Chief 
Executive Officer of the Foundation shall serve as a 
non-voting, ex-officio member of the Board. 
(5) TERMS.— 
(A) OFFICERS OF THE FEDERAL GOVERN-
MENT.—Each member of the Board described 
in paragraph (3)(A) shall serve for a term that 
is concurrent with the term of service of the in-
201 
dividual’s position as an officer within the other 
Federal department or agency. 
(B) OTHER MEMBERS.—Each member of 
the Board described in paragraph (3)(B) shall 
be appointed for a term of 3 years and may be 
reappointed for one additional 3-year term. 
(C) VACANCIES.—A vacancy in the Board 
shall be filled in the manner in which the origi-
nal appointment was made. 
(6) CHAIRPERSON.—There shall be a Chair-
person of the Board. The Secretary of State (or the 
Secretary’s designee) shall serve as the Chairperson. 
(7) QUORUM.—A majority of the members of 
the Board described in paragraph (3) shall con-
stitute a quorum, which, except with respect to a 
meeting of the Board during the 135-day period be-
ginning on the date of the enactment of this Act, 
shall include at least one member of the Board de-
scribed in paragraph (3)(B). 
(8) MEETINGS.—The Board shall meet at the 
call of the Chairperson. 
(9) COMPENSATION.— 
(A) OFFICERS OF THE FEDERAL GOVERN-
MENT.—
202 
(i) IN GENERAL.—A member of the 
Board described in paragraph (3)(A) may 
not receive additional pay, allowances, or 
benefits by reason of the member’s service 
on the Board. 
(ii) TRAVEL
EXPENSES.—Each such 
member of the Board shall receive travel 
expenses, including per diem in lieu of sub-
sistence, in accordance with applicable pro-
visions under subchapter I of chapter 57 of 
title 5, United States Code. 
(B) OTHER MEMBERS.— 
(i) IN GENERAL.—Except as provided 
in clause (ii), a member of the Board de-
scribed in paragraph (3)(B) while away 
from the member’s home or regular place 
of business on necessary travel in the ac-
tual performance of duties as a member of 
the Board, shall be paid per diem, travel, 
and transportation expenses in the same 
manner as is provided under subchapter I 
of chapter 57 of title 5, United States 
Code. 
(ii) LIMITATION.—A member of the 
Board may not be paid compensation
203 
under clause (i) for more than 90 days in 
any calendar year. 
SEC. 706. ESTABLISHMENT AND OPERATION OF PROGRAM. 
(a) ESTABLISHMENT OF THE PROGRAM.—There is 
hereby established a program, which shall— 
(1) be administered by the Foundation; and 
(2) award grants to— 
(A) United States students for study 
abroad; 
(B) nongovernmental institutions that pro-
vide and promote study abroad opportunities 
for United States students, in consortium with 
institutions described in subparagraph (C); and 
(C) institutions of higher education, indi-
vidually or in consortium, in order to accom-
plish the objectives set forth in subsection (b). 
(b) OBJECTIVES.—The objectives of the program es-
tablished under subsection (a) are that, within 10 years 
of the date of the enactment of this Act— 
(1) not less than 1,000,000 undergraduate 
United States students will study abroad annually 
for credit; 
(2) the demographics of study-abroad participa-
tion will reflect the demographics of the United 
States undergraduate population, including students
204 
enrolled in community colleges, minority-serving in-
stitutions, and institutions serving large numbers of 
low-income and first-generation students; and 
(3) an increasing portion of study abroad will 
take place in nontraditional study abroad destina-
tions, with a substantial portion of such increases 
taking place in developing countries. 
(c) MANDATE OF THE PROGRAM.—In order to ac-
complish the objectives set forth in subsection (b), the 
Foundation shall, in administering the program estab-
lished under subsection (a), take fully into account the rec-
ommendations of the Commission on the Abraham Lincoln 
Study Abroad Fellowship Program (established pursuant 
to section 104 of the Miscellaneous Appropriations and 
Offsets Act, 2004 (division H of Public Law 108–199)). 
(d) STRUCTURE OF GRANTS.— 
(1) PROMOTING REFORM.—In accordance with 
the recommendations of the Commission on the 
Abraham Lincoln Study Abroad Fellowship Pro-
gram, grants awarded under the program estab-
lished under subsection (a) shall be structured to the 
maximum extent practicable to promote appropriate 
reforms in institutions of higher education in order 
to remove barriers to participation by students in 
study abroad.
205 
(2) GRANTS
TO
INDIVIDUALS
AND
INSTITU-
TIONS.—It is the sense of Congress that— 
(A) the Foundation should award not more 
than 25 percent of the funds awarded as grants 
to individuals described in subparagraph (A) of 
subsection (a)(2) and not less than 75 percent 
of such funds to institutions described in sub-
paragraphs (B) and (C) of such subsection; and 
(B) the Foundation should ensure that not 
less than 85 percent of the amount awarded to 
such institutions is used to award scholarships 
to students. 
(e) BALANCE
OF LONG-TERM
AND SHORT-TERM 
STUDY ABROAD PROGRAMS.—In administering the pro-
gram established under subsection (a), the Foundation 
shall seek an appropriate balance between— 
(1) longer-term study abroad programs, which 
maximize foreign-language learning and intercultural 
understanding; and 
(2) shorter-term study abroad programs, which 
maximize the accessibility of study abroad to non-
traditional students. 
(f) QUALITY AND SAFETY IN STUDY ABROAD.—In 
administering the program established under subsection
206 
(a), the Foundation shall require that institutions receiv-
ing grants demonstrate that— 
(1) the study abroad programs for which stu-
dents receive grant funds are for academic credit; 
and 
(2) the programs have established health and 
safety guidelines and procedures. 
SEC. 707. ANNUAL REPORT. 
(a) REPORT REQUIRED.—Not later than December 
15, 2010, and each December 15 thereafter, the Founda-
tion shall submit to the appropriate congressional commit-
tees a report on the implementation of this title during 
the prior fiscal year. 
(b) CONTENTS.—The report required by subsection 
(a) shall include— 
(1) the total financial resources available to the 
Foundation during the year, including appropriated 
funds, the value and source of any gifts or donations 
accepted pursuant to section 708(a)(6), and any 
other resources; 
(2) a description of the Board’s policy priorities 
for the year and the bases upon which grant pro-
posals were solicited and awarded to institutions of 
higher education, nongovernmental institutions, and
207 
consortiums pursuant to sections 706(a)(2)(B) and 
706(a)(2)(C); 
(3) a list of grants made to institutions of high-
er education, nongovernmental institutions, and con-
sortiums pursuant to sections 706(a)(2)(B) and 
706(a)(2)(C) that includes the identity of the insti-
tutional recipient, the dollar amount, the estimated 
number of study abroad opportunities provided to 
United States students by each grant, the amount of 
the grant used by each institution for administrative 
expenses, and information on cost-sharing by each 
institution receiving a grant; 
(4) a description of the bases upon which the 
Foundation made grants directly to United States 
students pursuant to section 706(a)(2)(A); 
(5) the number and total dollar amount of 
grants made directly to United States students by 
the Foundation pursuant to section 706(a)(2)(A); 
and 
(6) the total administrative and operating ex-
penses of the Foundation for the year, as well as 
specific information on— 
(A) the number of Foundation employees 
and the cost of compensation for Board mem-
208 
bers, Foundation employees, and personal serv-
ice contractors; 
(B) costs associated with securing the use 
of real property for carrying out the functions 
of the Foundation; 
(C) total travel expenses incurred by Board 
members and Foundation employees in connec-
tion with Foundation activities; and 
(D) total representational expenses. 
SEC. 708. POWERS OF THE FOUNDATION; RELATED PROVI-
SIONS. 
(a) POWERS.—The Foundation— 
(1) shall have perpetual succession unless dis-
solved by a law enacted after the date of the enact-
ment of this Act; 
(2) may adopt, alter, and use a seal, which shall 
be judicially noticed; 
(3) may make and perform such contracts, 
grants, and other agreements with any person or 
government however designated and wherever situ-
ated, as may be necessary for carrying out the func-
tions of the Foundation; 
(4) may determine and prescribe the manner in 
which its obligations shall be incurred and its ex-
209 
penses allowed and paid, including expenses for rep-
resentation; 
(5) may lease, purchase, or otherwise acquire, 
improve, and use such real property wherever situ-
ated, as may be necessary for carrying out the func-
tions of the Foundation; 
(6) may accept cash gifts or donations of serv-
ices or of property (real, personal, or mixed), tan-
gible or intangible, for the purpose of carrying out 
the provisions of this title; 
(7) may use the United States mails in the 
same manner and on the same conditions as the ex-
ecutive departments; 
(8) may contract with individuals for personal 
services, who shall not be considered Federal em-
ployees for any provision of law administered by the 
Office of Personnel Management; 
(9) may hire or obtain passenger motor vehi-
cles; and 
(10) shall have such other powers as may be 
necessary and incident to carrying out this title. 
(b) PRINCIPAL
OFFICE.—The Foundation shall 
maintain its principal office in the metropolitan area of 
Washington, District of Columbia.
210 
(c) APPLICABILITY OF GOVERNMENT CORPORATION 
CONTROL ACT.— 
(1) IN
GENERAL.—The Foundation shall be 
subject to chapter 91 of subtitle VI of title 31, 
United States Code, except that the Foundation 
shall not be authorized to issue obligations or offer 
obligations to the public. 
(2) 
CONFORMING
AMENDMENT.—Section 
9101(3) of title 31, United States Code, is amended 
by adding at the end the following new subpara-
graph: 
‘‘(S) the Senator Paul Simon Study 
Abroad Foundation.’’. 
(d) INSPECTOR GENERAL.— 
(1) IN
GENERAL.—The Inspector General of 
the Department of State shall serve as Inspector 
General of the Foundation, and, in acting in such 
capacity, may conduct reviews, investigations, and 
inspections of all aspects of the operations and ac-
tivities of the Foundation. 
(2) AUTHORITY OF THE BOARD.—In carrying 
out the responsibilities under this subsection, the In-
spector General shall report to and be under the 
general supervision of the Board.
211 
(3) REIMBURSEMENT AND AUTHORIZATION OF 
SERVICES.— 
(A) REIMBURSEMENT.—The Foundation 
shall reimburse the Department of State for all 
expenses incurred by the Inspector General in 
connection with the Inspector General’s respon-
sibilities under this subsection. 
(B) AUTHORIZATION
FOR
SERVICES.—Of 
the amount authorized to be appropriated 
under section 711(a) for a fiscal year, up to 
$2,000,000 is authorized to be made available 
to the Inspector General of the Department of 
State to conduct reviews, investigations, and in-
spections of operations and activities of the 
Foundation. 
SEC. 709. GENERAL PERSONNEL AUTHORITIES. 
(a) DETAIL OF PERSONNEL.—Upon request of the 
Chief Executive Officer, the head of an agency may detail 
any employee of such agency to the Foundation on a reim-
bursable basis. Any employee so detailed remains, for the 
purpose of preserving such employee’s allowances, privi-
leges, rights, seniority, and other benefits, an employee of 
the agency from which detailed. 
(b) REEMPLOYMENT RIGHTS.—
215 
SEC. 711. AUTHORIZATION OF APPROPRIATIONS. 
(a) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There are authorized to be 
appropriated to carry out this title $40,000,000 for 
fiscal year 2010 and $80,000,000 for fiscal year 
2011. 
(2) AMOUNTS IN ADDITION TO OTHER AVAIL-
ABLE AMOUNTS.—Amounts authorized to be appro-
priated by paragraph (1) are in addition to amounts 
authorized to be appropriated or otherwise made 
available for educational exchange programs, includ-
ing the J. William Fulbright Educational Exchange 
Program and the Benjamin A. Gilman International 
Scholarship Program, administered by the Bureau of 
Educational and Cultural Affairs of the Department 
of State. 
(b) ALLOCATION OF FUNDS.— 
(1) IN GENERAL.—The Foundation may allo-
cate or transfer to any agency of the United States 
Government any of the funds available for carrying 
out this Act. Such funds shall be available for obli-
gation and expenditure for the purposes for which 
the funds were authorized, in accordance with au-
thority granted in this Act or under authority gov-
erning the activities of the United States Govern-
216 
ment agency to which such funds are allocated or 
transferred. 
(2) NOTIFICATION.—The Foundation shall no-
tify the appropriate congressional committees not 
less than 15 days prior to an allocation or transfer 
of funds pursuant to paragraph (1). 
TITLE VIII—EXPORT CONTROL 
REFORM AND SECURITY AS-
SISTANCE 
Subtitle A—Defense Trade Controls 
Performance Improvement Act 
of 2009 
SEC. 801. SHORT TITLE. 
This subtitle may be cited as the ‘‘Defense Trade 
Controls Performance Improvement Act of 2009’’. 
SEC. 802. FINDINGS. 
Congress finds the following: 
(1) In a time of international terrorist threats 
and a dynamic global economic and security environ-
ment, United States policy with regard to export 
controls is in urgent need of a comprehensive review 
in order to ensure such controls are protecting the 
national security and foreign policy interests of the 
United States.
217 
(2) In January 2007, the Government Account-
ability Office designated the effective identification 
and protection of critical technologies as a govern-
ment-wide, high-risk area, warranting a strategic re-
examination of existing programs, including pro-
grams relating to arms export controls. 
(3) Federal Government agencies must review 
licenses for export of munitions in a thorough and 
timely manner to ensure that the United States is 
able to assist United States allies and to prevent nu-
clear and conventional weapons from getting into the 
hands of enemies of the United States. 
(4) Both staffing and funding that relate to the 
Department of State’s arms export control respon-
sibilities have not kept pace with the increased work-
load relating to such responsibilities, especially dur-
ing the current decade. 
(5) Outsourcing and off-shoring of defense pro-
duction and the policy of many United States trad-
ing partners to require offsets for major sales of de-
fense and aerospace articles present a potential 
threat to United States national security and eco-
nomic well-being and serve to weaken the defense in-
dustrial base.
218 
(6) Export control policies can have a negative 
impact on United States employment, nonprolifera-
tion goals, and the health of the defense industrial 
base, particularly when facilitating the overseas 
transfer of technology or production and other forms 
of outsourcing, such as offsets (direct and indirect), 
co-production, subcontracts, overseas investment and 
joint ventures in defense and commercial industries. 
Federal Government agencies must develop new and 
effective procedures for ensuring that export control 
systems address these problems and the threat they 
pose to national security. 
(7) In the report to Congress required by the 
Conference Report (Report 109–272) accompanying 
the bill, H.R. 2862 (the Science, State, Justice, 
Commerce and Related Agencies Appropriations Act, 
2006; Public Law 109–108), the Department of 
State concluded that— 
(A) defense trade licensing has become 
much more complex in recent years as a con-
sequence of the increasing globalization of the 
defense industry; 
(B) the most important challenge to the 
Department of State’s licensing process has 
been the sheer growth in volume of applicants
219 
for licenses and agreements, without the cor-
responding increase in licensing officers; and 
(C) the increase in licensing volume with-
out a corresponding increase in trained and ex-
perienced personnel has resulted in delays and 
increased processing times. 
(8) In 2006, the Department of State processed 
over three times as many licensing applications as 
the Department of Commerce with about a fifth of 
the staff of the Department of Commerce. 
(9) On July 27, 2007, in testimony delivered to 
the Subcommittee on Terrorism, Nonproliferation 
and Trade of the Committee on Foreign Affairs of 
the House of Representatives to examine the effec-
tiveness of the United States export control regime, 
the Government Accountability Office found that— 
(A) the United States Government needs 
to conduct assessments to determine its overall 
effectiveness in the area of arms export control; 
and 
(B) the processing times of the Depart-
ment of State doubled over the period from 
2002 to 2006. 
(10)(A) Allowing a continuation of the status 
quo in resources for defense trade licensing could ul-
220 
timately harm the United States defense industrial 
base. The 2007 Institute for Defense Analysis report 
entitled ‘‘Export Controls and the U.S. Defense In-
dustrial Base’’ found that the large backlog and long 
processing times by the Department of State for ap-
plications for licenses to export defense items led to 
an impairment of United States firms in some sec-
tors to conduct global business relative to foreign 
competitors. 
(B) Additionally, the report found that United 
States commercial firms have been reluctant to en-
gage in research and development activities for the 
Department of Defense because this raises the fu-
ture prospects that the products based on this re-
search and development, even if intrinsically com-
mercial, will be saddled by Department of State mu-
nitions controls due to the link to that research. 
(11) According to the Department of State’s 
fiscal year 2008 budget justification to Congress, 
commercial exports licensed or approved under the 
Arms 
Export 
Control 
Act 
exceeded 
$30,000,000,000, with nearly 80 percent of these 
items exported to United States NATO allies and 
other major non-NATO allies.
221 
(12) A Government Accountability Office report 
of October 9, 2001 (GAO–02–120), documented am-
biguous export control jurisdiction affecting 25 per-
cent of the items that the United States Government 
agreed to control as part of its commitments to the 
Missile Technology Control Regime. The United 
States Government has not clearly determined which 
department has jurisdiction over these items, which 
increases the risk that these items will fall into the 
wrong hands. During both the 108th, 109th, and 
110th Congresses, the House of Representatives 
passed legislation mandating that the Administra-
tion clarify this issue. 
(13) During 2007 and 2008, the management 
and staff of the Directorate of Defense Trade Con-
trols of the Department of State have, through ex-
traordinary effort and dedication, eliminated the 
large backlog of open applications and have reduced 
average processing times for license applications; 
however, the Directorate remains understaffed and 
long delays remain for complicated cases. 
SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE 
UNITED STATES EXPORT CONTROLS SYSTEM. 
(a) REVIEW AND ASSESSMENT.—
222 
(1) IN GENERAL.—Not later than March 31, 
2010, the President shall conduct a comprehensive 
and systematic review and assessment of the United 
States arms export controls system in the context of 
the national security interests and strategic foreign 
policy objectives of the United States. 
(2) ELEMENTS.—The review and assessment 
required under paragraph (1) shall— 
(A) determine the overall effectiveness of 
the United States arms export controls system 
in order to, where appropriate, strengthen con-
trols, improve efficiency, and reduce unneces-
sary redundancies across Federal Government 
agencies, through administrative actions, in-
cluding regulations, and to formulate legislative 
proposals for new authorities that are needed; 
(B) develop processes to ensure better co-
ordination of arms export control activities of 
the Department of State with activities of other 
departments and agencies of the United States 
that are responsible for enforcing United States 
arms export control laws; 
(C) ensure that weapons-related nuclear 
technology, other technology related to weapons 
of mass destruction, and all items on the Mis-
223 
sile Technology Control Regime Annex are sub-
ject to stringent control by the United States 
Government; 
(D) determine the overall effect of arms 
export controls on counterterrorism, law en-
forcement, and infrastructure protection mis-
sions of the Department of Homeland Security; 
(E) determine the effects of export controls 
policies and the practices of the export control 
agencies on the United States defense industrial 
base and United States employment in the in-
dustries affected by export controls; 
(F) contain a detailed summary of known 
attempts by unauthorized end-users (such as 
international arms traffickers, foreign intel-
ligence agencies, and foreign terrorist organiza-
tions) to acquire items on the United States 
Munitions List and related technical data, in-
cluding— 
(i) data on— 
(I) commodities sought, such as 
M–4 rifles, night vision devices, F–14 
spare parts;
224 
(II) parties involved, such as the 
intended 
end-users, 
brokers, 
con-
signees, and shippers; 
(III) attempted acquisition of 
technology and technical data critical 
to manufacture items on the United 
States Munitions List; 
(IV) destination countries and 
transit countries; 
(V) modes of transport; 
(VI) trafficking methods, such as 
use of false documentation and front 
companies registered under flags of 
convenience; 
(VII) whether the attempted il-
licit transfer was successful; and 
(VIII) 
any 
administrative 
or 
criminal enforcement actions taken by 
the United States and any other gov-
ernment in relation to the attempted 
illicit transfer; 
(ii) a thorough evaluation of the Blue 
Lantern Program, including the adequacy 
of current staffing and funding levels;
225 
(iii) a detailed analysis of licensing ex-
emptions and their successful exploitation 
by unauthorized end-users; and 
(iv) an examination of the extent to 
which the increased tendency toward 
outsourcing and off-shoring of defense pro-
duction harm United States national secu-
rity and weaken the defense industrial 
base, including direct and indirect impact 
on employment, and formulate policies to 
address these trends as well as the policy 
of some United States trading partners to 
require offsets for major sales of defense 
articles; and 
(G) assess the extent to which export con-
trol policies and practices under the Arms Ex-
port Control Act promote the protection of 
basic human rights. 
(b) CONGRESSIONAL
BRIEFINGS.—The President 
shall provide periodic briefings to the appropriate congres-
sional committees on the progress of the review and as-
sessment conducted under subsection (a). The require-
ment to provide congressional briefings under this sub-
section shall terminate on the date on which the President
226 
transmits to the appropriate congressional committees the 
report required under subsection (c). 
(c) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the President shall 
transmit to the appropriate congressional committees and 
the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the 
Senate a report that contains the results of the review and 
assessment conducted under subsection (a). The report re-
quired by this subsection shall contain a certification that 
the requirement of subsection (a)(2)(C) has been met, or 
if the requirement has not been met, the reasons therefor. 
The report required by this subsection shall be submitted 
in unclassified form, but may contain a classified annex, 
if necessary. 
SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF AP-
PLICATIONS 
FOR 
LICENSES 
TO 
EXPORT 
ITEMS ON UNITED STATES MUNITIONS LIST. 
(a) IN GENERAL.—The Secretary of State, acting 
through the head of the Directorate of Defense Trade 
Controls of the Department of State, shall establish and 
maintain the following goals: 
(1) The processing time for review of each ap-
plication for a license to export items on the United 
States Munitions List (other than a Manufacturing
227 
License Agreement) shall be not more than 60 days 
from the date of receipt of the application. 
(2) The processing time for review of each ap-
plication for a commodity jurisdiction determination 
shall be not more than 60 days from the date of re-
ceipt of the application. 
(3) The total number of applications described 
in paragraph (1) that are unprocessed shall be not 
more than 7 percent of the total number of such ap-
plications submitted in the preceding calendar year. 
(b) ADDITIONAL REVIEW.—(1) If an application de-
scribed in paragraph (1) or (2) of subsection (a) is not 
processed within the time period described in the respec-
tive paragraph of such subsection, then the Managing Di-
rector of the Directorate of Defense Trade Controls or the 
Deputy Assistant Secretary for Defense Trade and Re-
gional Security of the Department of State, as appro-
priate, shall review the status of the application to deter-
mine if further action is required to process the applica-
tion. 
(2) If an application described in paragraph (1) or 
(2) of subsection (a) is not processed within 90 days from 
the date of receipt of the application, then the Assistant 
Secretary for Political-Military Affairs of the Department 
of State shall—
229 
export items that are not subject to the require-
ments of section 36 (b) or (c) of the Arms Ex-
port Control Act (22 U.S.C. 2776 (b) or (c)) to 
United States allies in direct support of combat 
operations or peacekeeping or humanitarian op-
erations with United States Armed Forces is 
not more than 7 days from the date of receipt 
of the application; and 
(B) it shall be the goal, as appropriate, of 
the Directorate of Defense Trade Controls to 
ensure that, to the maximum extent practicable, 
the processing time for review of applications 
described in subsection (a)(1) to export items 
that are not subject to the requirements of sec-
tion 36 (b) or (c) of the Arms Export Control 
Act to government security agencies of United 
States NATO allies, Australia, New Zealand, 
Japan, South Korea, Israel, and, as appro-
priate, other major non-NATO allies for any 
purpose other than the purpose described in 
paragraph (1) is not more than 30 days from 
the date of receipt of the application. 
(2) PRIORITY FOR APPLICATIONS FOR EXPORT 
OF U.S.-ORIGIN EQUIPMENT.—In meeting the goals 
established by this section, it shall be the policy of
230 
the Directorate of Defense Trade Controls of the 
Department of State to prioritize the processing of 
applications for licenses and agreements necessary 
for the export of United States-origin equipment 
over applications for Manufacturing License Agree-
ments. 
(d) REPORT.—Not later than December 31, 2011, 
and December 31, 2012, the Secretary of State shall sub-
mit to the appropriate congressional committees a report 
that contains a detailed description of— 
(1)(A) the average processing time for and 
number of applications described in subsection 
(a)(1) to— 
(i) United States NATO allies, Australia, 
New Zealand, Japan, South Korea, and Israel; 
(ii) other major non-NATO allies; and 
(iii) all other countries; and 
(B) to the extent practicable, the average proc-
essing time for and number of applications described 
in subsection (b)(1) by item category; 
(2) the average processing time for and number 
of applications described in subsection (a)(2); 
(3) the average processing time for and number 
of applications for agreements described in part 124 
of title 22, Code of Federal Regulations (relating to
231 
the International Traffic in Arms Regulations (other 
than Manufacturing License Agreements)); 
(4) the average processing times for applica-
tions for Manufacturing License Agreements; 
(5) any management decisions of the Direc-
torate of Defense Trade Controls of the Department 
of State that have been made in response to data 
contained in paragraphs (1) through (3); and 
(6) any advances in technology that will allow 
the time-frames described in subsection (a)(1) to be 
substantially reduced. 
(e) CONGRESSIONAL BRIEFINGS.—If, at the end of 
any month beginning after the date of the enactment of 
this Act, the total number of applications described in sub-
section (a)(1) that are unprocessed is more than 7 percent 
of the total number of such applications submitted in the 
preceding calendar year, then the Secretary of State, act-
ing through the Under Secretary for Arms Control and 
International Security, the Assistant Secretary for Polit-
ical-Military Affairs, or the Deputy Assistant Secretary 
for Defense Trade and Regional Security of the Depart-
ment of State, as appropriate, shall brief the appropriate 
congressional committees on such matters and the correc-
tive measures that the Directorate of Defense Trade Con-
232 
trols will take to comply with the requirements of sub-
section (a). 
(f) TRANSPARENCY OF COMMODITY JURISDICTION 
DETERMINATIONS.— 
(1) DECLARATION
OF
POLICY.—Congress de-
clares that the complete confidentiality surrounding 
several hundred commodity jurisdiction determina-
tions made each year by the Department of State 
pursuant to the International Traffic in Arms Regu-
lations is not necessary to protect legitimate propri-
etary interests of persons or their prices and cus-
tomers, is not in the best security and foreign policy 
interests of the United States, is inconsistent with 
the need to ensure a level playing field for United 
States exporters, and detracts from United States 
efforts to promote greater transparency and respon-
sibility by other countries in their export control sys-
tems. 
(2) PUBLICATION
ON
INTERNET
WEBSITE.— 
The Secretary of State shall— 
(A) upon making a commodity jurisdiction 
determination referred to in paragraph (1) pub-
lish on the Internet website of the Department 
of State not later than 30 days after the date 
of the determination—
233 
(i) the name of the manufacturer of 
the item; 
(ii) a brief general description of the 
item; 
(iii) the model or part number of the 
item; and 
(iv) the United States Munitions List 
designation under which the item has been 
designated, except that— 
(I) the name of the person or 
business organization that sought the 
commodity jurisdiction determination 
shall not be published if the person or 
business organization is not the man-
ufacturer of the item; and 
(II) the names of the customers, 
the price of the item, and any propri-
etary information relating to the item 
indicated by the person or business 
organization that sought the com-
modity 
jurisdiction 
determination 
shall not be published; and 
(B) maintain on the Internet website of 
the Department of State an archive, that is ac-
cessible to the general public and other depart-
234 
ments and agencies of the United States, of the 
information published under subparagraph (A). 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit the President or Con-
gress from undertaking a thorough review of the national 
security and foreign policy implications of a proposed ex-
port of items on the United States Munitions List. 
SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF 
AND RESOURCES FOR THE DIRECTORATE OF 
DEFENSE TRADE CONTROLS OF THE DEPART-
MENT OF STATE. 
(a) REQUIREMENT.—The Secretary of State shall en-
sure that the Directorate of Defense Trade Controls of 
the Department of State has the necessary staff and re-
sources to carry out this subtitle and the amendments 
made by this subtitle. 
(b) MINIMUM NUMBER OF LICENSING OFFICERS.— 
For fiscal year 2011 and each subsequent fiscal year, the 
Secretary of State shall ensure that the Directorate of De-
fense Trade Controls has at least 1 licensing officer for 
every 1,250 applications for licenses and other authoriza-
tions to export items on the United States Munitions List 
by not later than the third quarter of such fiscal year, 
based on the number of licenses and other authorizations 
expected to be received during such fiscal year. The Sec-
235 
retary shall ensure that in meeting the requirement of this 
subsection, the performance of other functions of the Di-
rectorate of Defense Trade Controls is maintained and 
adequate staff is provided for those functions. 
(c) MINIMUM NUMBER OF STAFF FOR COMMODITY 
JURISDICTION DETERMINATIONS.—For each of the fiscal 
years 2010 through 2012, the Secretary of State shall en-
sure that the Directorate of Defense Trade Controls has, 
to the extent practicable, not less than three individuals 
assigned to review applications for commodity jurisdiction 
determinations. 
(d) ENFORCEMENT
RESOURCES.—In accordance 
with section 127.4 of title 22, Code of Federal Regula-
tions, U.S. Immigration and Customs Enforcement is au-
thorized to investigate violations of the International Traf-
fic in Arms Regulations on behalf of the Directorate of 
Defense Trade Controls of the Department of State. The 
Secretary of State shall ensure that the Directorate of De-
fense Trade Controls has adequate staffing for enforce-
ment of the International Traffic in Arms Regulations. 
SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPART-
MENT OF STATE. 
(a) AUDIT.—Not later than the end of each of the 
fiscal years 2011 and 2012, the Inspector General of the 
Department of State shall conduct an independent audit
236 
to determine the extent to which the Department of State 
is meeting the requirements of sections 804 and 805. 
(b) REPORT.—The Inspector General shall submit to 
the appropriate congressional committees a report that 
contains the result of each audit conducted under sub-
section (a). 
SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE 
TRADE CONTROLS REGISTRATION FEES. 
(a) IN GENERAL.—Section 45 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2717) is 
amended— 
(1) in the first sentence— 
(A) by striking ‘‘For’’ and inserting ‘‘(a) 
IN GENERAL.—For’’; and 
(B) by striking ‘‘Office’’ and inserting ‘‘Di-
rectorate’’; 
(2) by amending the second sentence to read as 
follows: 
‘‘(b) AVAILABILITY OF FEES.—Fees credited to the 
account referred to in subsection (a) shall be available only 
for payment of expenses incurred for— 
‘‘(1) management, 
‘‘(2) licensing (in order to meet the require-
ments of section 805 of the Defense Trade Controls 
Performance Improvement Act of 2009 (relating to
237 
adequate staff and resources of the Directorate of 
Defense Trade Controls)), 
‘‘(3) compliance, 
‘‘(4) policy activities, and 
‘‘(5) facilities, 
of defense trade controls functions.’’; and 
(3) by adding at the end the following: 
‘‘(c) ALLOCATION OF FEES.—In allocating fees for 
payment of expenses described in subsection (b), the Sec-
retary of State shall accord the highest priority to pay-
ment of expenses incurred for personnel and equipment 
of the Directorate of Defense Trade Controls, including 
payment of expenses incurred to meet the requirements 
of section 805 of the Defense Trade Controls Performance 
Improvement Act of 2009.’’. 
(b) CONFORMING AMENDMENT.—Section 38(b) of 
the Arms Export Control Act (22 U.S.C. 2778(b)) is 
amended by striking paragraph (3). 
SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS 
REGULATIONS AND UNITED STATES MUNI-
TIONS LIST. 
(a) IN GENERAL.—The Secretary of State, in coordi-
nation with the heads of other relevant departments and 
agencies of the United States Government, shall review, 
with the assistance of United States manufacturers and
238 
other interested parties described in section 811(2) of this 
division, the International Traffic in Arms Regulations 
and the United States Munitions List to determine those 
technologies and goods that warrant different or addi-
tional controls. 
(b) CONDUCT OF REVIEW.—In carrying out the re-
view required under subsection (a), the Secretary of State 
shall review not less than 20 percent of the technologies 
and goods on the International Traffic in Arms Regula-
tions and the United States Munitions List in each cal-
endar year so that for the 5-year period beginning with 
calendar year 2010, and for each subsequent 5-year pe-
riod, the International Traffic in Arms Regulations and 
the United States Munitions List will be reviewed in their 
entirety. 
(c) REPORT.—The Secretary of State shall submit to 
the appropriate congressional committees and the Com-
mittee on Armed Services of the House of Representatives 
and the Committee on Armed Services of the Senate an 
annual report on the results of the review carried out 
under this section.
239 
SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CER-
TAIN EXPORTS TO NATO MEMBER STATES, 
AUSTRALIA, JAPAN, NEW ZEALAND, ISRAEL, 
AND SOUTH KOREA. 
(a) IN GENERAL.—Section 38 of the Arms Export 
Control Act (22 U.S.C. 2778) is amended by adding at 
the end the following: 
‘‘(k) SPECIAL LICENSING AUTHORIZATION FOR CER-
TAIN EXPORTS TO NATO MEMBER STATES, AUSTRALIA, 
JAPAN, NEW ZEALAND, ISRAEL, AND SOUTH KOREA.— 
‘‘(1) AUTHORIZATION.—(A) The President may 
provide for special licensing authorization for exports 
of United States-manufactured spare and replace-
ment parts or components listed in an application 
for such special licensing authorization in connection 
with defense items previously exported to NATO 
member states, Australia, Japan, New Zealand, 
Israel, and South Korea. A special licensing author-
ization issued pursuant to this clause shall be effec-
tive for a period not to exceed 5 years. 
‘‘(B) An authorization may be issued under 
subparagraph (A) only if the applicable government 
of the country described in subparagraph (A), acting 
through the applicant for the authorization, certifies 
that—
240 
‘‘(i) the export of spare and replacement 
parts or components supports a defense item 
previously lawfully exported; 
‘‘(ii) the spare and replacement parts or 
components will be transferred to a defense 
agency of a country described in subparagraph 
(A) that is a previously approved end-user of 
the defense items and not to a distributor or a 
foreign consignee of such defense items; 
‘‘(iii) the spare and replacement parts or 
components will not to be used to materially en-
hance, optimize, or otherwise modify or upgrade 
the capability of the defense items; 
‘‘(iv) the spare and replacement parts or 
components relate to a defense item that is 
owned, operated, and in the inventory of the 
armed forces a country described in subpara-
graph (A); 
‘‘(v) the export of spare and replacement 
parts or components will be effected using the 
freight forwarder designated by the purchasing 
country’s diplomatic mission as responsible for 
handling transfers under chapter 2 of this Act 
as required under regulations; and
242 
‘‘(II) that were last substantially trans-
formed in the United States; and 
‘‘(III) that are not— 
‘‘(aa) classified as significant military 
equipment; or 
‘‘(bb) listed on the Missile Technology 
Control Regime Annex. 
‘‘(ii) For purposes of clause (i)(I) (aa) and 
(bb), the costs of non-United States-origin content 
shall be determined using the final price or final cost 
associated with the non-United States-origin con-
tent. 
‘‘(2) INAPPLICABILITY
PROVISIONS.—(A) The 
provisions of this subsection shall not apply with re-
spect to re-exports or re-transfers of spare and re-
placement parts or components and related services 
of defense items described in paragraph (1). 
‘‘(B) The congressional notification require-
ments contained in section 36(c) of this Act shall 
not apply with respect to an authorization issued 
under paragraph (1).’’. 
(b) EFFECTIVE DATE.—The President shall issue 
regulations to implement amendments made by subsection 
(a) not later than 180 days after the date of the enactment 
of this Act.
243 
SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS 
OF LICENSE APPLICATIONS UNDER CHAPTER 
3 OF THE ARMS EXPORT CONTROL ACT. 
Chapter 3 of the Arms Export Control Act (22 
U.S.C. 2771 et seq.) is amended by inserting after section 
38 the following new section: 
‘‘SEC. 38A. AVAILABILITY OF INFORMATION ON THE STA-
TUS OF LICENSE APPLICATIONS UNDER THIS 
CHAPTER. 
‘‘(a) AVAILABILITY
OF INFORMATION.—Not later 
than 1 year after the date of the enactment of the Defense 
Trade Controls Performance Improvement Act of 2009, 
the President shall make available to persons who have 
pending license applications under this chapter and the 
committees of jurisdiction the ability to access electroni-
cally current information on the status of each license ap-
plication required to be submitted under this chapter. 
‘‘(b) MATTERS TO BE INCLUDED.—The information 
referred to in subsection (a) shall be limited to the fol-
lowing: 
‘‘(1) The case number of the license application. 
‘‘(2) The date on which the license application 
is received by the Department of State and becomes 
an ‘open application’. 
‘‘(3) The date on which the Directorate of De-
fense Trade Controls makes a determination with re-
244 
spect to the license application or transmits it for 
interagency review, if required. 
‘‘(4) The date on which the interagency review 
process for the license application is completed, if 
such a review process is required. 
‘‘(5) The date on which the Department of 
State begins consultations with the congressional 
committees of jurisdiction with respect to the license 
application. 
‘‘(6) The date on which the license application 
is sent to the congressional committees of jurisdic-
tion.’’. 
SEC. 811. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1)(A) the advice provided to the Secretary of 
State by the Defense Trade Advisory Group 
(DTAG) supports the regulation of defense trade 
and helps ensure that United States national secu-
rity and foreign policy interests continue to be pro-
tected and advanced while helping to reduce unnec-
essary impediments to legitimate exports in order to 
support the defense requirements of United States 
friends and allies; and
245 
(B) therefore, the Secretary of State should 
share significant planned rules and policy shifts with 
DTAG for comment; and 
(2) recognizing the constraints imposed on the 
Department of State by the nature of a voluntary 
organization such as DTAG, the Secretary of State 
is encouraged to ensure that members of DTAG are 
drawn from a representative cross-section of subject 
matter experts from the United States defense in-
dustry, relevant trade and labor associations, aca-
demic, and foundation personnel. 
SEC. 812. DEFINITIONS. 
In this subtitle: 
(1) INTERNATIONAL TRAFFIC IN ARMS REGULA-
TIONS; ITAR.—The term ‘‘International Traffic in 
Arms Regulations’’ or ‘‘ITAR’’ means those regula-
tions contained in parts 120 through 130 of title 22, 
Code of Federal Regulations (or successor regula-
tions). 
(2) MAJOR NON-NATO ALLY.—The term ‘‘major 
non-NATO ally’’ means a country that is designated 
in accordance with section 517 of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321k) as a major 
non-NATO ally for purposes of the Foreign Assist-
246 
ance Act of 1961 (22 U.S.C. 2151 et seq.) and the 
Arms Export Control Act (22 U.S.C. 2751 et seq.). 
(3) MANUFACTURING LICENSE AGREEMENT.— 
The term ‘‘Manufacturing License Agreement’’ 
means an agreement described in section 120.21 of 
title 22, Code of Federal Regulations (or successor 
regulations). 
(4) MISSILE TECHNOLOGY CONTROL REGIME; 
MTCR.—The term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ has the meaning given the term 
in section 11B(c)(2) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 
(5) MISSILE
TECHNOLOGY
CONTROL
REGIME 
ANNEX; MTCR
ANNEX.—The term ‘‘Missile Tech-
nology Control Regime Annex’’ or ‘‘MTCR Annex’’ 
has the meaning given the term in section 11B(c)(4) 
of the Export Administration Act of 1979 (50 
U.S.C. App. 2401b(c)(4)). 
(6) OFFSETS.—The term ‘‘offsets’’ includes 
compensation practices required of purchase in ei-
ther government-to-government or commercial sales 
of defense articles or defense services under the 
Arms Export Control Act (22 U.S.C. 2751 et seq.) 
and the International Traffic in Arms Regulations.
247 
(7) UNITED STATES MUNITIONS LIST; USML.— 
The term ‘‘United States Munitions List’’ or 
‘‘USML’’ means the list referred to in section 
38(a)(1) of the Arms Export Control Act (22 U.S.C. 
2778(a)(1)). 
SEC. 813. AUTHORIZATION OF APPROPRIATIONS. 
Of the amounts authorized to be appropriated under 
section 101, there are authorized to be appropriated such 
sums as may be necessary for each of fiscal years 2010 
and 2011 to carry out this subtitle and the amendments 
made by this subtitle. 
Subtitle B—Provisions Relating to 
Export Licenses 
SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL 
DIRECTIVES 
REGARDING 
UNITED 
STATES 
ARMS EXPORT POLICIES, PRACTICES, AND 
REGULATIONS. 
(a) IN GENERAL.—The President shall make avail-
able to the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Rela-
tions of the Senate the text of each Presidential directive 
regarding United States export policies, practices, and 
regulations relating to the implementation of the Arms 
Export Control Act (22 U.S.C. 2751 et seq.) not later
248 
than 15 days after the date on which the directive has 
been signed or authorized by the President. 
(b) TRANSITION PROVISION.—Each Presidential di-
rective described in subsection (a) that is signed or author-
ized by the President on or after January 1, 2009, and 
before the date of the enactment of this Act shall be made 
available to the congressional committees specified in sub-
section (a) not later than 90 days after the date of the 
enactment of this Act. 
(c) FORM.—To the maximum extent practicable, each 
Presidential directive described in subsection (a) shall be 
made available to the congressional committees specified 
in subsection (a) on an unclassified basis. 
SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND 
SERVICES 
FOR 
CONGRESSIONAL 
REVIEW 
AND EXPEDITING CONGRESSIONAL REVIEW 
FOR ISRAEL. 
(a) FOREIGN MILITARY SALES.— 
(1) IN GENERAL.—Section 36(b) of the Arms 
Export Control Act (22 U.S.C. 2776(b)) is amend-
ed— 
(A) in paragraph (1)— 
(i) by striking ‘‘$50,000,000’’ and in-
serting ‘‘$100,000,000’’;
249 
(ii) by striking ‘‘$200,000,000’’ and 
inserting ‘‘$300,000,000’’; 
(iii) by striking ‘‘$14,000,000’’ and 
inserting ‘‘$25,000,000’’; and 
(iv) by striking ‘‘The letter of offer 
shall not be issued’’ and all that follows 
through ‘‘enacts a joint resolution’’ and in-
serting the following: 
‘‘(2) The letter of offer shall not be issued— 
‘‘(A) with respect to a proposed sale of any de-
fense articles or defense services under this Act for 
$200,000,000 or more, any design and construction 
services for $300,000,000 or more, or any major de-
fense equipment for $75,000,000 or more, to the 
North Atlantic Treaty Organization (NATO), any 
member country of NATO, Japan, Australia, the 
Republic of Korea, Israel, or New Zealand, if Con-
gress, within 15 calendar days after receiving such 
certification, or 
‘‘(B) with respect to a proposed sale of any de-
fense articles or services under this Act for 
$100,000,000 or more, any design and construction 
services for $200,000,000 or more, or any major de-
fense equipment for $50,000,000 or more, to any
250 
other country or organization, if Congress, within 30 
calendar days after receiving such certification, 
enacts a joint resolution’’; and 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (6) as paragraphs (3) through (7), re-
spectively. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 36 of the Arms Export Control 
Act (22 U.S.C. 2776) is amended— 
(A) in subsection (b)— 
(i) in paragraph (6)(C), as redesig-
nated, by striking ‘‘Subject to paragraph 
(6), if’’ and inserting ‘‘If’’; and 
(ii) by striking paragraph (7), as re-
designated; and 
(B) in subsection (c)(4), by striking ‘‘sub-
section (b)(5)’’ each place it appears and insert-
ing ‘‘subsection (b)(6)’’. 
(b) COMMERCIAL SALES.—Section 36(c) of the Arms 
Export Control Act (22 U.S.C. 2776(c)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Subject to paragraph (5), 
in’’ and inserting ‘‘In’’; 
(B) by striking ‘‘$14,000,000’’ and insert-
ing ‘‘$25,000,000’’; and
251 
(C) by striking ‘‘$50,000,000’’ and insert-
ing ‘‘$100,000,000’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by inserting after ‘‘for an export’’ 
the following: ‘‘of any major defense equip-
ment sold under a contract in the amount 
of $75,000,000 or more or of defense arti-
cles or defense services sold under a con-
tract in the amount of $200,000,000 or 
more, (or, in the case of a defense article 
that is a firearm controlled under category 
I of the United States Munitions List, 
$1,000,000 or more)’’; and 
(ii) by striking ‘‘Organization,’’ and 
inserting ‘‘Organization (NATO),’’ and by 
further striking ‘‘that Organization’’ and 
inserting ‘‘NATO’’; and 
(B) in subparagraph (C), by inserting after 
‘‘license’’ the following: ‘‘for an export of any 
major defense equipment sold under a contract 
in the amount of $50,000,000 or more or of de-
fense articles or defense services sold under a 
contract in the amount of $100,000,000 or 
more, (or, in the case of a defense article that
252 
is a firearm controlled under category I of the 
United States Munitions List, $1,000,000 or 
more)’’; and 
(3) by striking paragraph (5). 
SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NA-
TIONAL AND INTERNATIONAL ARMS EXPORT 
CONTROLS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should redouble United States 
diplomatic efforts to strengthen national and international 
arms export controls by establishing a senior-level initia-
tive to ensure that those arms export controls are com-
parable to and supportive of United States arms export 
controls, particularly with respect to countries of concern 
to the United States. 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, and annually thereafter for 
4 years, the President shall transmit to the Committee on 
Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report 
on United States diplomatic efforts described in subsection 
(a).
253 
SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EX-
PORTS. 
Section 655(b) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2415(b)) is amended— 
(1) in paragraph (2), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following: 
‘‘(4) were exported without a license under sec-
tion 38 of the Arms Export Control Act (22 U.S.C. 
2778) pursuant to an exemption established under 
the International Traffic in Arms Regulations, other 
than defense articles exported in furtherance of a 
letter of offer and acceptance under the Foreign 
Military Sales program or a technical assistance or 
manufacturing license agreement, including the spe-
cific exemption provision in the regulation under 
which the export was made.’’. 
SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIP-
MENT AND DEFENSE ARTICLES EXPORTED 
UNDER SECTION 38 OF THE ARMS EXPORT 
CONTROL ACT. 
Section 38 of the Arms Export Control Act (22 
U.S.C. 2778), as amended by section 809(a) of this divi-
254 
sion, is further amended by adding at the end the fol-
lowing: 
‘‘(l) REPORT.— 
‘‘(1) IN GENERAL.—The President shall trans-
mit to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate a report that con-
tains a detailed listing, by country and by inter-
national organization, of the total dollar value of 
major defense equipment and defense articles ex-
ported pursuant to licenses authorized under this 
section for the previous fiscal year. 
‘‘(2) INCLUSION IN ANNUAL BUDGET.—The re-
port required by this subsection shall be included in 
the supporting information of the annual budget of 
the United States Government required to be sub-
mitted to Congress under section 1105 of title 31, 
United States Code.’’. 
SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RE-
LATED COMPONENTS FROM THE UNITED 
STATES MUNITIONS LIST. 
(a) AUTHORITY.—Except as provided in subsection 
(b) and subject to subsection (d), the President is author-
ized to remove satellites and related components from the 
United States Munitions List, consistent with the proce-
255 
dures in section 38(f) of the Arms Export Control Act (22 
U.S.C. 2778(f)). 
(b) EXCEPTION.—The authority of subsection (a) 
may not be exercised with respect to any satellite or re-
lated component that may, directly or indirectly, be trans-
ferred to, or launched into outer space by, the People’s 
Republic of China. 
(c) UNITED STATES MUNITIONS LIST.—In this sec-
tion, the term ‘‘United States Munitions List’’ means the 
list referred to in section 38(a)(1) of the Arms Export 
Control Act (22 U.S.C. 2778(a)(1)). 
(d) EFFECTIVE DATE.—The President may not exer-
cise the authority provided in this section before the date 
that is 90 days after the date of the enactment of this 
Act. 
SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF 
VIOLATIONS OF SECTION 3 OF THE ARMS EX-
PORT CONTROL ACT. 
(a) REVIEW.—The Inspector General of the Depart-
ment of State shall conduct a review of investigations by 
the Department of State during each of fiscal years 2010 
through 2014 of any and all possible violations of section 
3 of the Arms Export Control Act (22 U.S.C. 2753) with 
respect to misuse of United States-origin defense items to 
determine whether the Department of State has fully com-
256 
plied with the requirements of such section, as well as its 
own internal procedures (and whether such procedures are 
adequate), for reporting to Congress any information re-
garding the unlawful use or transfer of United States-ori-
gin defense articles, defense services, and technology by 
foreign countries, as required by such section. 
(b) REPORT.—The Inspector General of the Depart-
ment of State shall submit to the Committee on Foreign 
Affairs of the House of Representatives and the Com-
mittee on Foreign Relations of the Senate for each of fis-
cal years 2010 through 2014 a report that contains the 
findings and results of the review conducted under sub-
section (a). The report shall be submitted in unclassified 
form to the maximum extent possible, but may include a 
classified annex. 
SEC. 828. REPORT ON SELF-FINANCING OPTIONS FOR EX-
PORT LICENSING FUNCTIONS OF DDTC OF 
THE DEPARTMENT OF STATE. 
Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of State shall submit to 
the appropriate congressional committees a report on pos-
sible mechanisms to place the export licensing functions 
of the Directorate of Defense Trade Controls of the De-
partment of State on a 100 percent self-financing basis.
257 
SEC. 829. CLARIFICATION OF CERTIFICATION REQUIRE-
MENT RELATING TO ISRAEL’S QUALITATIVE 
MILITARY EDGE. 
Section 36(h)(1) of the Arms Export Control Act (22 
U.S.C. 2776(h)(1)) is amended by striking ‘‘a determina-
tion’’ and inserting ‘‘an unclassified determination’’. 
SEC. 830. EXPEDITING CONGRESSIONAL DEFENSE EXPORT 
REVIEW PERIOD FOR ISRAEL. 
The Arms Export Control Act (22 U.S.C. 2751 et 
seq.) is amended— 
(1) 
in 
sections 
3(d)(2)(B), 
3(d)(3)(A)(i), 
3(d)(5), 21(e)(2)(A), 36(b)(3) (as redesignated by 
section 822(a)(1)(B) of this division), 36(c)(2)(A), 
36(d)(2)(A), 62(c)(1), and 63(a)(2) by inserting 
‘‘Israel,’’ before ‘‘or New Zealand’’; and 
(2) in section 3(b)(2), by inserting ‘‘the Govern-
ment of Israel,’’ before ‘‘or the Government of New 
Zealand’’. 
SEC. 831. UPDATING AND CONFORMING PENALTIES FOR 
VIOLATIONS OF SECTIONS 38 AND 39 OF THE 
ARMS EXPORT CONTROL ACT. 
(a) IN GENERAL.—Section 38(c) of the Arms Export 
Control Act (22 U.S.C. 2778(c)) is amended to read as 
follows: 
‘‘(c) CRIMINAL PENALTIES FOR VIOLATIONS OF THIS 
SECTION AND SECTION 39.—Whoever willfully—
258 
‘‘(1) violates this section or section 39, or 
‘‘(2) in a registration or license application or 
required report, makes any untrue statement of a 
material fact or omits to state a material fact re-
quired to be stated therein or necessary to make the 
statements therein not misleading, 
shall be fined not more than $1,000,000 or imprisoned 
not more than 20 years, or both.’’. 
(b) MECHANISMS TO IDENTIFY VIOLATORS.—Section 
38(g) of the Arms Export Control Act (22 U.S.C. 
2778(g)) is amended— 
(1) in paragraph (1)— 
(A) in subparagraph (A)— 
(i) in the matter preceding clause (i), 
by inserting ‘‘or otherwise charged’’ after 
‘‘indictment’’; 
(ii) in clause (xi), by striking ‘‘or’’ at 
the end; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(xiii) section 542 of title 18, United 
States Code, relating to entry of goods by 
means of false statements;
259 
‘‘(xiv) section 554 of title 18, United 
States Code, relating to smuggling goods from 
the United States; or 
‘‘(xv) section 1831 of title 18, United 
States Code, relating to economic espionage.’’; 
and 
(B) in subparagraph (B), by inserting ‘‘or 
otherwise charged’’ after ‘‘indictment’’; and 
(2) in paragraph (3)(A), by inserting ‘‘or other-
wise charged’’ after ‘‘indictment’’. 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date of the enact-
ment of this Act and shall apply with respect to violations 
of sections 38 and 39 of the Arms Export Control Act 
committed on or after that date. 
SEC. 832. REPORT ON CERTAIN ASPECTS OF UNITED 
STATES EXPORT CONTROLS. 
Not later than 180 days after the date of the enact-
ment of this Act, the President, taking into account the 
views of the relevant Federal departments and agencies, 
shall transmit to Congress a report on the plans of such 
departments and agencies to streamline United States ex-
port controls and processes to better serve the needs of 
the United States scientific and research community, con-
260 
sistent with the protection of United States national secu-
rity interests. 
Subtitle C—Miscellaneous 
Provisions 
SEC. 841. AUTHORITY TO BUILD THE CAPACITY OF FOR-
EIGN MILITARY FORCES. 
(a) AUTHORITY.—The Secretary of State is author-
ized to conduct a program to respond to contingencies in 
foreign countries or regions by providing training, pro-
curement, and capacity-building of a foreign country’s na-
tional military forces and dedicated counterterrorism 
forces in order for that country to— 
(1) conduct counterterrorist operations; or 
(2) participate in or support military and sta-
bility operations in which the United States is a par-
ticipant. 
(b) TYPES OF CAPACITY-BUILDING.—The program 
authorized under subsection (a) may include the provision 
of equipment, supplies, and training. 
(c) LIMITATIONS.— 
(1) ASSISTANCE
OTHERWISE
PROHIBITED
BY 
LAW.—The Secretary of State may not use the au-
thority in subsection (a) to provide any type of as-
sistance described in subsection (b) that is otherwise 
prohibited by any provision of law.
261 
(2) LIMITATION
ON
ELIGIBLE
COUNTRIES.— 
The Secretary of State may not use the authority in 
subsection (a) to provide assistance described in sub-
section (b) to any foreign country that is otherwise 
prohibited from receiving such type of assistance 
under any other provision of law. 
(d) FORMULATION
AND EXECUTION
OF ACTIVI-
TIES.— 
(1) 
COORDINATION
WITH
CERTAIN
PRO-
GRAMS.—To the extent that activities are carried 
out during a fiscal year pursuant to section 1206 of 
the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109–163: 119 Stat. 3456), 
the Secretary of State shall coordinate with the Sec-
retary of Defense on the formulation and execution 
of the program authorized under subsection (a) to 
ensure that the activities under this program com-
plement the activities carried out pursuant to such 
section 1206. 
(2) CONSULTATION.—The Secretary of State 
may also consult with the head of any other appro-
priate department or agency in the formulation and 
execution of the program authorized under sub-
section (a). 
(e) CONGRESSIONAL NOTIFICATION.—
262 
(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
COMMIT-
TEES.—The congressional committees specified in 
this paragraph are the following: 
(A) The Committee on Foreign Affairs and 
the Committee on Appropriations of the House 
of Representatives. 
(B) The Committee on Foreign Relations 
and the Committee on Appropriations of the 
Senate. 
(f) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—There is authorized to be 
appropriated to the Secretary of State $25,000,000 
for each of the fiscal years 2010 and 2011 to con-
duct the program authorized by subsection (a).
263 
(2) USE
OF
FMF
FUNDS.—The Secretary of 
State may use up to $25,000,000 of funds available 
under the Foreign Military Financing program for 
each of the fiscal years 2010 and 2011 to conduct 
the program authorized under subsection (a). 
(3) AVAILABILITY AND REFERENCE.—Amounts 
made available to conduct the program authorized 
under subsection (a)— 
(A) are authorized to remain available 
until expended; and 
(B) may be referred to as the ‘‘Security 
Assistance Contingency Fund’’. 
SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND. 
(a) IN GENERAL.—Section 51(a) of the Arms Export 
Control Act (22 U.S.C. 2795(a)) is amended— 
(1) in paragraph (1), by striking ‘‘Special De-
fense Acquisition Fund’’ and inserting ‘‘Foreign 
Military Sales Stockpile Fund’’; and 
(2) in paragraph (4), by inserting ‘‘building the 
capacity of recipient countries and’’ before ‘‘nar-
cotics 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;
264 
(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 
inserting ‘‘FOREIGN MILITARY SALES STOCKPILE FUND’’. 
(2) The heading of chapter 5 of the Arms Export 
Control Act is amended by striking ‘‘SPECIAL DE-
FENSE ACQUISITION FUND’’ and inserting 
‘‘FOREIGN MILITARY SALES STOCKPILE 
FUND’’. 
SEC. 843. ANNUAL ESTIMATE AND JUSTIFICATION FOR 
FOREIGN MILITARY SALES PROGRAM. 
Section 25(a)(1) of the Arms Export Control Act (22 
U.S.C. 2765(a)(1)) is amended by striking ‘‘, together 
with an indication of which sales and licensed commercial 
exports’’ and inserting ‘‘and’’. 
SEC. 844. SENSE OF CONGRESS ON THE GLOBAL ARMS 
TRADE. 
It is the sense of Congress that—
265 
(1) the United States, as the world’s largest ex-
porter of conventional weapons, has a special obliga-
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 Char-
ter 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
266 
transmit to the appropriate congressional committees a re-
port that contains— 
(1) a complete, unedited, and unredacted copy 
of each assurance made by United States Govern-
ment officials to officials of the Government of Israel 
regarding Israel’s security and maintenance of 
Israel’s qualitative military edge, as well as any 
other assurance regarding Israel’s security and 
maintenance of Israel’s qualitative military edge pro-
vided in conjunction with exports under the Arms 
Export Control Act (22 U.S.C. 2751 et seq.), for the 
period beginning on January 1, 1975, and ending on 
the date of the enactment of this Act; and 
(2) an analysis of the extent to which, and by 
what means, each such assurance has been and is 
continuing to be fulfilled. 
(b) SUBSEQUENT REPORTS.— 
(1) NEW
ASSURANCES
AND
REVISIONS.—The 
President shall transmit to the appropriate congres-
sional committees a report that contains the infor-
mation 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
267 
(B) revisions to any assurance described in 
subsection (a) or subparagraph (A) of this 
paragraph, 
within 15 days of the new assurance or revision 
being conveyed. 
(2) FIVE-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 commit-
tees a report that contains the information required 
under subsection (a) with respect to each assurance 
described in subsection (a) or paragraph (1)(A) of 
this subsection and revisions to any assurance de-
scribed in subsection (a) or paragraph (1)(A) of this 
subsection during the preceding 5-year period. 
(c) FORM.—Each report required by this section shall 
be transmitted in unclassified form, but may contain a 
classified annex, if necessary. 
SEC. 846. WAR RESERVES STOCKPILE. 
(a) DEPARTMENT
OF DEFENSE APPROPRIATIONS 
ACT, 2005.—Section 12001(d) of the Department of De-
fense Appropriations Act, 2005 (Public Law 108–287; 
118 Stat. 1011), is amended by striking ‘‘4’’ and inserting 
‘‘7’’.
268 
(b) FOREIGN ASSISTANCE ACT OF 1961.—Section 
514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2321h(b)(2)(A)) is amended by striking ‘‘fiscal 
years 2007 and 2008’’ and inserting ‘‘fiscal years 2010 
and 2011’’. 
SEC. 847. EXCESS DEFENSE ARTICLES FOR CENTRAL AND 
SOUTH EUROPEAN COUNTRIES AND CERTAIN 
OTHER COUNTRIES. 
Section 516(e) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2321j(e)) is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 
(2) in paragraph (2), in the heading by striking 
‘‘EXCEPTION’’ and inserting ‘‘GENERAL
EXCEP-
TION’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) EXCEPTION FOR SPECIFIC COUNTRIES.— 
For fiscal years 2010 and 2011, the President may 
provide for the crating, packing, handling, and 
transportation of excess defense articles transferred 
under the authority of this section to Albania, Af-
ghanistan, Bulgaria, Croatia, Estonia, Macedonia, 
Georgia, 
India, 
Iraq, 
Israel, 
Kazakhstan, 
Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia,
269 
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 
division, there are authorized to be appropriated such 
sums as may be necessary for co-development of joint bal-
listic missile, medium and short-range projectile defense 
projects with Israel, including— 
(1) complete accelerated co-production of Arrow 
missiles; 
(2) system development of the Israel Missile 
Defense Organization program to develop a short- 
range ballistic missile defense capability, David’s 
Sling weapon system, and integrate the weapon sys-
tem with the ballistic missile defense system and 
force protection 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 an-
nually thereafter in connection with the submission 
of congressional presentation materials for the for-
270 
eign operations appropriations and defense appro-
priations budget request, the Secretary of State, in 
consultation with the Secretary of Defense, shall 
submit to the appropriate 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-
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. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to authorize appropriations for the 
Arrow Weapons System or David’s Sling weapons pro-
gram under any provision of law that is funded from ac-
counts within budget function 050 (National Defense).
271 
TITLE 
IX—ACTIONS 
TO 
EN-
HANCE THE MERIDA INITIA-
TIVE 
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 
initiative which combines the programs of numerous 
United States Government departments and agencies and 
therefore requires a single individual to coordinate and 
track all Merida Initiative-related efforts government-wide 
to avoid duplication, coordinate messaging, and facilitate 
accountability to and communication with Congress. 
(b) DESIGNATION OF HIGH-LEVEL COORDINATOR.— 
(1) IN
GENERAL.—The President shall des-
ignate, within the Department of State, a Coordi-
nator of United States Government Activities to Im-
plement the Merida Initiative (hereafter in this sec-
tion referred to as the ‘‘Coordinator’’) who shall be 
responsible for— 
(A) designing and shaping an overall strat-
egy for the Merida Initiative;
272 
(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 mes-
sage emanates from the United States Govern-
ment; 
(C) ensuring that efforts of the United 
States Government are in full consonance with 
the efforts of the countries within the Merida 
Initiative; 
(D) tracking, in coordination with the rel-
evant officials of the Department of Defense 
and other departments and agencies, United 
States assistance programs that fulfill the goals 
of the Merida Initiative or are closely related to 
the goals of the Merida Initiative; 
(E) to the extent possible, tracking infor-
mation required under the second section 620J 
of the Foreign Assistance Act of 1961 (22 
U.S.C. 2378d) (as added by section 651 of divi-
sion J of Public Law 110–161) with respect to 
countries participating in the Merida Initiative; 
and
273 
(F) consulting with the Attorney General 
and the Secretary of Homeland Security with 
respect to the activities of Federal, State, and 
local law enforcement authorities in the United 
States relating to the goals of the Merida Ini-
tiative, particularly along the United States- 
Mexico border. 
(2) RANK
AND
STATUS
OF
THE
COORDI-
NATOR.—The Coordinator should have the rank and 
status of ambassador. 
(3) COUNTRIES WITHIN THE MERIDA INITIA-
TIVE
DEFINED.—The term ‘‘countries within the 
Merida Initiative’’ means Belize, Costa Rica, El Sal-
vador, Guatemala, Honduras, Mexico, Nicaragua, 
and Panama and includes Haiti and the Dominican 
Republic. 
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 
Nations Office on Drugs and Crime (UNODC) and
274 
the World Bank noted that murder rates in the Car-
ibbean—at 30 per 100,000 population annually—are 
higher than for any other region of the world and 
have risen in recent years for many of the region’s 
countries. The report also argues that the strongest 
explanation for the high crime and violence rates in 
the Caribbean and their rise in recent years is drug 
trafficking. 
(3) If the United States does not move quickly 
to provide Merida Initiative assistance to the 
CARICOM countries, the positive results of the 
Merida Initiative in Mexico and Central America will 
move the drug trade deeper into the Caribbean and 
multiply the already alarming rates of violence. 
(b) CONSULTATIONS.—Not later than 30 days after 
the date of the enactment of this Act, the Secretary of 
State is authorized to consult with the countries of the 
Caribbean Community (CARICOM) in preparation for 
their inclusion into the Merida Initiative. 
(c) INCORPORATION OF CARICOM COUNTRIES INTO 
THE MERIDA INITIATIVE.—The President is authorized to 
incorporate the CARICOM countries into the Merida Ini-
tiative.
275 
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 appli-
cation of research methods and statistical analysis to 
measure the extent to which change in a population- 
based outcome can be attributed to program inter-
vention instead 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 
programs through their development and implemen-
tation, with the objective of the rapid dissemination 
of conclusions and concrete impact on programming. 
(3) PROGRAM
MONITORING.—The term ‘‘pro-
gram monitoring’’ means the collection, analysis, 
and use of routine program data to determine how 
well a program is carried out and how much the pro-
gram costs. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
276 
(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 eval-
uation research, operations research, and program 
monitoring to ensure effectiveness of assistance pro-
vided 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 moni-
toring, established at the inception of the program, 
is required to permit assessment of the operational 
effectiveness of the impact of United States assist-
ance towards these goals; and 
(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.
277 
(c) IMPACT EVALUATION RESEARCH, OPERATION 
RESEARCH, AND PROGRAM MONITORING
OF ASSIST-
ANCE.—The President shall establish and implement a 
program to assess the effectiveness of assistance provided 
under the Merida Initiative through impact evaluation re-
search on a selected set of programmatic interventions, op-
erations research in areas to ensure efficiency and effec-
tiveness of program implementation, and monitoring to 
ensure timely and transparent delivery of assistance. 
(d) REQUIREMENTS.—The program required under 
subsection (c) shall include— 
(1) a delineation of key impact evaluation 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 
in an objective and quantifiable form at the incep-
tion of the program; 
(3) the use of appropriate methods, based on 
rigorous social science tools, to measure program im-
pact and operational efficiency; and
279 
(A) FINDINGS.—Findings related to the 
impact evaluation research, operation research, 
and program monitoring of assistance program 
established under subsection (c). 
(B) 
COORDINATION.—Efforts 
of 
the 
United States Government to coordinate its ac-
tivities, including— 
(i) a description of all counter-
narcotics and organized crime assistance 
provided to Merida Initiative recipient 
countries in the previous fiscal year; 
(ii) an assessment of how such assist-
ance was coordinated; and 
(iii) recommendations for improving 
coordination. 
(C) TRANSFER
OF
EQUIPMENT.—A de-
scription of the transfer of equipment, includ-
ing— 
(i) a description of the progress of 
each recipient country toward the transfer 
of equipment, if any, from its armed forces 
to law enforcement agencies; 
(ii) a list of agencies that have used 
air assets provided by the United States 
under the Merida Initiative to the govern-
280 
ment of each recipient country, and, to the 
extent possible, a detailed description of 
those agencies that have utilized such air 
assets, such as by a percentage breakdown 
of use by each agency; and 
(iii) a description of training of law 
enforcement agencies to operate equip-
ment, including air assets. 
(D) HUMAN RIGHTS.—In accordance with 
sections 116(d) and 502B(b) of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2151n(d) and 
2304(b)) and section 504 of the Trade Act of 
1974 (19 U.S.C. 2464), an assessment of the 
human rights impact of the equipment and 
training provided under the Merida Initiative, 
including— 
(i) a list of accusations of serious 
human rights abuses committed by the 
armed forces and law enforcement agencies 
of recipient countries on or after the date 
of the enactment of this Act; and 
(ii) a description of efforts by the gov-
ernments of Merida recipient countries to 
investigate and prosecute allegations of
281 
abuses of human rights committed by any 
agency of such recipient countries. 
(E) EFFECTIVENESS OF EQUIPMENT.—An 
assessment of the long-term effectiveness of the 
equipment and maintenance packages and 
training provided to each recipient country’s se-
curity institutions. 
(F) MEXICO
PUBLIC
SECURITY
STRAT-
EGY.—A description of Mexico’s development of 
a public security strategy, including— 
(i) effectiveness of the Mexican Fed-
eral Registry of Police Personnel to vet po-
lice recruiting at the National, state, and 
municipal levels to prevent rehiring from 
one force to the next after dismissal for 
corruption and other reasons; and 
(ii) an assessment of how the Merida 
Initiative complements and supports the 
Mexican Government’s own public security 
strategy. 
(G) FLOW OF ILLEGAL ARMS.—A descrip-
tion and assessment of efforts to reduce the 
southbound flow of illegal arms. 
(H) USE
OF
CONTRACTORS.—A detailed 
description of contracts awarded to private
282 
companies to carry out provisions of the Merida 
Initiative, including— 
(i) a description of the number of 
United States and foreign national civilian 
contractors awarded contracts; 
(ii) a list of the total dollar value of 
the contracts; and 
(iii) the purposes of the contracts. 
(I) PHASE
OUT
OF
LAW
ENFORCEMENT 
ACTIVITIES.—A description of the progress of 
phasing out law enforcement activities of the 
armed forces of each recipient country. 
(J) IMPACT
ON
BORDER
VIOLENCE
AND 
SECURITY.—A description of the impact that 
activities authorized under the Merida Initiative 
have had on violence against United States and 
Mexican border personnel and the extent to 
which these activities have increased the protec-
tion and security of the United States-Mexico 
border. 
(K) FLOW
OF
ILLEGAL
FUNDS.—A de-
scription and assessment of efforts to reduce 
the southbound flow of illegal funds. 
(3) SENSE OF CONGRESS.—It is the sense of 
Congress that, to the extent practicable, and without
283 
compromising law enforcement sensitive or other 
protected information, the reports required by para-
graph (1) should be made available to the Congress 
of Mexico for use in their oversight activities, includ-
ing through the Mexico-United States Inter-Par-
liamentary Group process. 
SEC. 904. MERIDA INITIATIVE DEFINED. 
In this subtitle, the term ‘‘Merida Initiative’’ means 
the program announced by the United States and Mexico 
on October 22, 2007, to fight illicit narcotics trafficking 
and criminal organizations throughout the Western Hemi-
sphere. 
Subtitle B—Prevention of Illicit 
Trade in Small Arms and Light 
Weapons 
SEC. 911. TASK FORCE ON THE PREVENTION OF ILLICIT 
SMALL ARMS TRAFFICKING IN THE WESTERN 
HEMISPHERE. 
(a) ESTABLISHMENT.—The President shall establish 
an inter-agency task force to be known as the ‘‘Task Force 
on the Prevention of Illicit Small Arms Trafficking in the 
Western Hemisphere’’ (in this section referred to as the 
‘‘Task Force’’). 
(b) DUTIES.—The Task Force shall evaluate United 
States export controls on the illicit export of small arms
284 
and light weapons throughout the Western Hemisphere, 
including Mexico, Central America, the Caribbean, and 
South America. The Task Force shall— 
(1) conduct a thorough review and analysis of 
the current regulation and enforcement of current 
regulations of exports of small arms and light weap-
ons; and 
(2) evaluate Federal policies, including enforce-
ment policies, for control of exports of small arms 
and light weapons and, if warranted, suggest im-
provements that further the foreign policy and na-
tional security interests of the United States within 
the Western Hemisphere. 
(c) MEMBERSHIP.—The Task Force shall be com-
posed of— 
(1) the Secretary of State; 
(2) the Attorney General; 
(3) the Secretary of Defense; 
(4) the Secretary of Homeland Security; and 
(5) the heads of other Federal departments and 
agencies as appropriate. 
(d) CHAIRPERSON.—The Secretary of State shall 
serve as the chairperson of the Task Force. 
(e) MEETINGS.—The Task Force shall meet at the 
call of the chairperson or a majority of its members.
285 
(f) ANNUAL REPORTS.—Not later than 1 year after 
the date of the enactment of this Act and annually there-
after until October 31, 2014, the chairperson of the Task 
Force shall submit to Congress and make available to the 
public a report that contains— 
(1) a description of the activities of the Task 
Force during the preceding year; and 
(2) the findings, strategies, recommendations, 
policies, and initiatives developed pursuant to the 
duties of the Task Force under subsection (b) dur-
ing the preceding year. 
SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAF-
FICKING IN SMALL ARMS AND LIGHT WEAP-
ONS TO COUNTRIES IN THE WESTERN HEMI-
SPHERE. 
Section 38 of the Arms Export Control Act (22 
U.S.C. 2778), as amended by sections 831(a) of this divi-
sion, is further amended— 
(1) in subsection (c), by striking ‘‘Whoever’’ 
and inserting ‘‘Subject to subsection (d), whoever,’’; 
and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) TRAFFICKING
IN SMALL ARMS
AND LIGHT 
WEAPONS
TO COUNTRIES
IN
THE WESTERN HEMI-
286 
SPHERE.—Whoever willfully exports to a country in the 
Western Hemisphere any small arm or light weapon with-
out a license in violation of this section shall be fined not 
more than $3,000,000 and imprisoned for not more than 
20 years, or both. For purposes of this subsection, the 
term ‘small arm or light weapon’ means any item listed 
in Category I(a), Category III (as it applies to Category 
I(a)), or grenades under Category IV(a) of the United 
States Munitions List (as contained in part 121 of title 
22, Code of Federal Regulations (or successor regula-
tions)) that requires a license for international export 
under this section.’’. 
SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM. 
Section 36(b) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2708(b)) is amended— 
(1) by redesignating paragraphs (4) through 
(7) as paragraphs (5) through (8), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) the arrest or conviction in any country of 
any individual for illegally exporting or attempting 
to export to Mexico any small arm or light weapon 
(as defined in section 912(b) of the Foreign Rela-
tions Authorization Act, Fiscal Years 2010 and 
2011);’’; and
287 
(3) in paragraphs (5) and (6) (as redesignated), 
by striking ‘‘paragraph (1), (2), or (3)’’ each place 
it appears and inserting ‘‘paragraph (1), (2), (3), or 
(4)’’. 
TITLE X—REPORTING 
REQUIREMENTS 
SEC. 1001. ASSESSMENT OF SPECIAL COURT FOR SIERRA 
LEONE. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State shall submit to 
the appropriate congressional committees an assessment 
on the continuing needs of the Special Court for Sierra 
Leone, including an assessment of the following activities 
of the Special Court: 
(1) Witness protection. 
(2) Archival activities, including recordkeeping 
associated with future legal work by the Special 
Court. 
(3) The residual registrar’s capacity for enforc-
ing Special Court sentences and maintaining rela-
tions with countries hosting imprisoned convicts of 
the Special Court, legal decisionmaking regarding 
future appeals, conditions of prisoner treatment, 
contempt proceedings, and financial matters relating 
to such activities.
288 
(4) Transfer or maintenance of Special Court 
records to a permanent recordkeeping authority in 
Sierra Leone. 
(5) Ongoing needs or programs for community 
outreach, for the purpose of reconciliation and heal-
ing, regarding the Special Court’s legal proceedings 
and decisions. 
(6) Plans for the Special Court’s facilities in Si-
erra Leone and plans to use the Special Court, and 
expertise of its personnel, for further development of 
the legal profession and an independent and effective 
judiciary in Sierra Leone. 
(7) Unresolved cases, or cases that were not 
prosecuted. 
SEC. 1002. REPORT ON UNITED STATES CAPACITIES TO 
PREVENT GENOCIDE AND MASS ATROCITIES. 
(a) FINDINGS.—Congress finds the following: 
(1) The lack of an effective government-wide 
strategy and adequate capacities for preventing 
genocide and mass atrocities against civilians under-
mines the ability of the United States to contribute 
to the maintenance of global peace and security and 
protect vital United States interests. 
(2) The December 2008 Report of the Genocide 
Prevention Task Force, co-chaired by former Sec-