103 
(b) PURPOSE.—The purpose of the LLC is to increase, 
enhance, and sustain the ability of the Department of State 
and USAID to effectively carry out their missions by devis-
ing a system for the collection, analysis, archiving, and dis-
semination of lessons learned, improving information shar-
ing and learning capacity, and enabling, encouraging, 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 report 
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 
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104 
(E) physical structure of the LLC; and 
(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 author-
ization to produce analysis and evaluation without 
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 innova-
tive techniques, that produced an improved perform-
ance 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, pro-
grammatic, security, maintenance, custodial, and 
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105 
other services wherever the Department of State has 
established an overseas post. 
(3) Foreign Service and other United States offi-
cers who rotate in-and-out of such missions every two 
to three 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 tran-
sitions 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 responsibilities 
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 competitive com-
pensation 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 providing 
salary increases that are approximately 60 percent of 
what is the prevailing practice of the local labor mar-
ket. 
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106 
(7) The Department of State OIG has found nu-
merous cases in which such missions are losing staff 
to other employers. The OIG has also found numerous 
cases where it is difficult to replace employees who left 
to take other jobs, particularly in countries with low 
unemployment rates. 
(b) POLICY REVIEW.—The Secretary of State shall di-
rect 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 coordi-
nation 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 management 
responsibilities, and to recommend training and cer-
tifications the analysts should obtain. 
(2) 
The 
Office 
of 
Management, 
Policy, 
Rightsizing and Innovation, in coordination with the 
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Bureau of Human Resources and the Bureau of Re-
source Management, should ensure that the working 
group on locally employed staff compensation reviews 
the connectivity between the activities of the Office of 
Overseas Employment and the Office of State Pro-
grams, Operations and Budget in the Bureau of Re-
source Management, and makes and distributes writ-
ten, documented determinations as to the data used 
by the two offices to make estimates of locally em-
ployed 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 coordi-
nation 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 five years based on a re-
cent salary survey. During the intervening years, the 
Department should authorize cost-of-living (or infla-
tion) adjustments based on reliable inflation data. 
(4) The Bureau of Human Resources, in coordi-
nation with the Office of Management, Policy, 
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108 
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 periodic 
process. 
(5) The Bureau of Human Resources, in coordi-
nation 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 com-
pensation and adjustments, including budgetary re-
sources, salary level ceilings calculated by the Office 
of Overseas Employment, salary levels requested by 
post, salary levels implemented, dates for these activi-
ties, and calculations of whether the Department is 
meeting prevailing practice. This database should re-
place the current practice of communicating salary 
review information by cable. 
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109 
(6) The Bureau of Human Resources, in coordi-
nation with the Office of Management, Policy, 
Rightsizing and Innovation, should evaluate the pos-
sibility of using different pay setting data estab-
lishing different pay scales for blue-collar positions 
and for professional level positions, and should issue 
and distribute a written report on the findings and 
the possibility of implementing the findings. 
(7) 
The 
Office 
of 
Management, 
Policy, 
Rightsizing and Innovation should ensure that the 
working group on locally employed staff compensation 
considers the possibility of including members from 
other United States Government agencies that employ 
locally employed staff. Whether this recommendation 
is implemented or not, the Office of Management, Pol-
icy, Rightsizing and Innovation should document the 
decision in writing, and distribute the decision wide-
ly in the Department of State and to other agencies 
that employ locally employed staff. 
(8) 
The 
Office 
of 
Management, 
Policy, 
Rightsizing and Innovation should ensure that the 
working group on locally employed staff compensation 
considers the possibility of centralizing decision mak-
ing for locally employed staff salary increases, and, 
whether such is eventually implemented or not, make 
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110 
a determination as to its value, document the decision 
in writing, and distribute the decision widely 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 employed 
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 officer. 
(11) The Bureau of Human Resources should re-
quest a list of position titles and grades from all posi-
tions with exception rate ranges and details on the ex-
ception rate range adjustments in the 2010 Locally 
Employed Staff Compensation Questionnaire. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the appropriate committees a report on the imple-
mentation of this section, including a review of efforts to 
implement the recommendations of the Office of the Inspec-
tor General of the Department of State specified in sub-
section (b). 
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111 
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 fol-
lowing) 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 subsection 
(c), a locality-based comparability payment (stated as a 
percentage) equal to the locality-based comparability pay-
ment (stated as a percentage) that would be provided under 
section 5304 of title 5, United States Code, if such member’s 
official duty station were in the District of Columbia. 
‘‘(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— 
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‘‘(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 sec-
tion shall— 
‘‘(1) beginning on the first day of the first pay 
period that is 90 days after the date of the enactment 
of this subsection, be equal 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 equal to 66.67 percent of the 
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). 
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113 
‘‘(d) NON-FOREIGN AREA DEFINED.—For purposes of 
this section, the term ‘non-foreign area’ has the same mean-
ing as is given such term in regulations carrying out sec-
tion 5941 of title 5, United States Code.’’. 
(2) CONFORMING
AMENDMENT.—The table of 
contents set forth in section 2 of such Act is amended 
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 October 
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 
(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)— 
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117 
‘‘SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PRO-
GRAM. 
‘‘(a) IN GENERAL.—The Secretary is authorized to es-
tablish the Transatlantic Diplomatic Fellowship Program. 
Under the program, the Secretary may assign a member 
of the Service, for not more than one year, to a position 
with any designated country or designated entity that per-
mits an employee to be assigned to a position with the De-
partment. 
‘‘(b) SALARY AND BENEFITS.—The salary and benefits 
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 Diplomatic 
Fellowship Program. The salary and benefits of an em-
ployee of a designated country or designated entity partici-
pating in such program shall be paid by such country or 
entity during the period in which such employee is partici-
pating 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— 
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118 
‘‘(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-
ment as, an officer or employee of the United 
States; or 
‘‘(2) authorize the Secretary to assign a member 
of the Service to a position with any foreign country 
whose laws, or foreign or international entity whose 
rules, require such member to give allegiance or loy-
alty to such country or entity while assigned to such 
position.’’ 
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119 
(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 GOVERNMENTS, 
OR’’; and 
(B) in subsection (a)(1), by inserting before 
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 
(B) by adding after the item relating to sec-
tion 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 Act) the following new section: 
‘‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM. 
‘‘(a) IN GENERAL.—The Secretary is authorized to es-
tablish the Security Officers Exchange Program. Under the 
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120 
program, the Secretary may assign a member of the Service, 
for not more than a total of three 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 Department. 
‘‘(b) SALARY AND BENEFITS.—The salary and benefits 
of the members of the Service shall be paid as described in 
subsection (b) of section 503 during a period in which such 
officer is participating in the Security Officers Exchange 
Program. The salary and benefits of an employee of a des-
ignated country or international organization partici-
pating in such program shall be paid by such country or 
international organization during the period in which such 
employee is participating in the program. 
‘‘(c) DESIGNATION.—The Secretary may designate a 
country or international organization to participate in this 
program if the Secretary determines that such participation 
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-
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121 
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 member 
of the Service to a position with any foreign country 
whose laws, or foreign or international entity whose 
rules, require such member to give allegiance or loy-
alty to such country or entity while assigned to such 
position.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.—Sec-
tion 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 Service 
Act of 1980 (22 U.S.C. 4010) is amended by adding at the 
end the following new subsection: 
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122 
‘‘(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; 
‘‘(C) representation by an attorney or other rep-
resentative; and 
‘‘(D) a final written decision, including the spe-
cific reasons for such decision, as soon as practicable. 
‘‘(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 Grievance 
Board shall be limited to a determination of whether 
the provisions of paragraphs (1) and (2) have been 
fulfilled; and 
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123 
‘‘(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 Foreign 
Service assigned to duty in the United States, 15 
days after receiving notice of the proposed sus-
pension; and 
‘‘(ii) with respect to a member of the For-
eign Service assigned to duty outside the United 
States, 30 days after receiving notice of the pro-
posed 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 insert-
ing ‘‘; 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.’’. 
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125 
(D) by adding after paragraph (5) the fol-
lowing new paragraph: 
‘‘(6) in exceptional circumstances where the Secretary 
determines the needs of the Service require the extension of 
a limited appointment (A), for a period of time not to ex-
ceed 12 months (provided such period of time does not per-
mit additional review by the boards under section 306), or 
(B), for the minimum time needed to settle a grievance, 
claim, or complaint not otherwise provided for in this sec-
tion.’’; and 
(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 one year break in service between each 
appointment. The Secretary may in cases of special need 
waive the requirement for a one year break in service.’’. 
SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL. 
Section 5550b of title 5, United States Code, is amend-
ed by adding at the end the following new subsection: 
‘‘(c) The maximum amount of compensatory time off 
earned under this section may not exceed 104 hours during 
any leave year (as defined by regulations established by the 
Office of Personnel Management).’’. 
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126 
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— 
(a) in paragraph (1)(B), by striking ‘‘to facilitate the’’ 
and all that follows through ‘‘Afghanistan,’’; 
(b) by striking paragraph (2); and 
(c) by redesignating paragraph (3) as paragraph (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 con-
ditions: 
(1) The Secretary determines that existing per-
sonnel resources are insufficient. 
(2) The contract length, including options, may 
not exceed two years, unless the Secretary makes a 
finding that exceptional circumstances justify an ex-
tension of up to one additional year. 
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127 
(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. 
(4) This authority may only be used to obtain 
specialized skills or experience or to respond to urgent 
needs. 
(c) STATUS OF PERSONAL SERVICE CONTRACTORS.— 
(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 pur-
poses of any law administered by the Office of Per-
sonnel 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 Pro-
curement 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. 
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(3) EXCEPTION.—This subsection shall not affect 
the determination as to whether an individual hired 
as a personal service contractor pursuant to this sec-
tion is an employee of the United States Government 
for purposes of any Federal law not specified in para-
graphs (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 expiration. 
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 property 
rights of United States persons in other countries is a sig-
nificant component of United States foreign policy in gen-
eral and in relations with individual countries. The Sec-
retary of State, in consultation with the Director General 
of the United States and Foreign Commercial Service and 
other agencies as appropriate, shall ensure that adequate 
resources are available at diplomatic missions in any coun-
try that is identified under section 182(a)(1) of the Trade 
Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure— 
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(1) support for enforcement action against viola-
tions of the intellectual property rights of United 
States persons in such country; and 
(2) cooperation with the host government to re-
form its applicable laws, regulations, practices, and 
agencies to enable that government to fulfill its inter-
national and bilateral obligations with respect to in-
tellectual 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 intellec-
tual property attache´s to serve in United States embassies 
or other diplomatic missions. The 10 appointments shall 
be in addition to personnel serving, on the date of the enact-
ment of this Act, in the capacity of intellectual property 
attache´s from any department or agency of the United 
States at United States embassies or other diplomatic mis-
sions. 
(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 
with the greatest potential benefit to reducing coun-
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130 
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 other-
wise harmed by violations of intellectual property 
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 INTELLECTUAL 
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 department 
or agency of the United States, shall have the following re-
sponsibilities: 
(1) To promote cooperation with foreign govern-
ments in the enforcement of intellectual property laws 
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131 
generally, and in the enforcement of laws against 
counterfeiting and piracy in particular. 
(2) To assist United States persons holding intel-
lectual property rights, and the licensees of such 
United States persons, in their efforts to combat coun-
terfeiting and piracy of their products or works with-
in the host country, including counterfeit or pirated 
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 em-
bassies or missions of other countries in information 
sharing, private or public communications with the 
government of the host country, and other forms of co-
operation for the purpose of improving enforcement 
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 country. 
(6) To coordinate training and technical assist-
ance programs of the United States Government with-
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132 
in the host country that are aimed at improving the 
enforcement of laws against counterfeiting and pi-
racy. 
(7) To identify and promote other means to more 
effectively combat counterfeiting and piracy activities 
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 assum-
ing duties at the United States embassy or other mission 
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 Property 
Enforcement Coordinator appointed under section 301 of 
the Prioritizing Resources and Organization for Intellectual 
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 agen-
cy who are serving at United States embassies or 
other diplomatic missions. 
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(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 reso-
lution 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 regu-
lations and their enforcement. 
(B) An assessment of the obstacles pre-
venting the host government of each country de-
scribed in subparagraph (A) from implementing 
adequate measures to fulfill its international and 
bilateral obligations with respect to intellectual 
property rights. 
(C) An assessment of the adequacy of the re-
sources of the Department of State employed to 
carry out subparagraphs (A) and (B) and, if 
necessary, an assessment of the need for addi-
tional resources for such purposes. 
(h) DEFINITIONS.—In this section: 
(1) COUNTERFEITING; COUNTERFEIT GOODS.— 
(A) COUNTERFEITING.—The term ‘‘counter-
feiting’’ means activities related to production of 
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134 
or trafficking in goods, including packaging, 
that bear a spurious mark or designation that is 
identical to or substantially indistinguishable 
from a mark or designation protected under 
trademark laws or related legislation. 
(B) 
COUNTERFEIT
GOODS.—The 
term 
‘‘counterfeit goods’’ means those goods described 
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 ac-
tivities related to production of or trafficking in 
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— 
(A) any United States resident or national, 
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(B) any corporation, partnership, other 
business entity, or other organization, that is or-
ganized 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, part-
nership, business entity, or organization, 
except that such term does not include an individual 
who resides outside the United States and is employed 
by an individual or entity other than an individual 
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 support 
of the intellectual property attache´s appointed under sub-
section (b) and of other personnel serving as intellectual 
property attache´s of any other department or agency of the 
United States. 
SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSI-
TION. 
(a) STATEMENT OF POLICY.—In order for the Depart-
ment of State to accurately represent all people in the 
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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, advance-
ment, and retention practices to attract and maintain 
a diverse pool of qualified individuals in sufficient 
numbers throughout the Department, including in the 
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137 
Cooperative Education Program (also known as the 
‘Student Career Experience Program’). 
‘‘(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 employ-
ment composition, recruitment, advancement, and retention 
policies of the Department of State for women and minority 
groups, including the information in the reports required 
under section 324 of the Foreign Relations Authorization 
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Act, Fiscal Year 2003, as amended by subsection (b) of this 
section. 
(e) ACQUISITION.—Section 324 of the Foreign Rela-
tions Authorization Act, Fiscal Year 2003, as amended by 
subsection (b) of this section, is further amended by adding 
at the end the following new subsection: 
‘‘(c) For the immediately preceding 12-month period 
for which the information referred to in subsection (a) is 
available— 
‘‘(1) the numbers and percentages of small, mi-
nority-owned, or disadvantaged businesses that pro-
vide goods and services to the Department as a result 
of contracts with the Department during such period; 
‘‘(2) the total number of such contracts; 
‘‘(3) the total dollar value of such contracts; and 
‘‘(4) and the percentage value represented by 
such contract proportionate to the total value of all 
contracts held by the Department.’’. 
(f) USE OF FUNDS.—The provisions of section 325 of 
the Foreign Relations Authorization Act, Fiscal Year 2003 
shall apply to funds authorized to be appropriated under 
section 101 of this Act. 
SEC. 331. CONTRACTING. 
None of the funds authorized to be appropriated by this 
Act, for projects initiated after the date of the enactment 
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139 
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 Regulation, 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 six 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 Adminis-
tration of the House of Representatives and the Committee 
on Foreign Relations and the Committee on Rules and Ad-
ministration of the Senate a report on the mission and ef-
fectiveness of the existing Department of State legislative 
liaison office. 
(b) REPORT CONSIDERATIONS.—The report required 
by subsection (a) shall consider— 
(1) whether the legislative liaison office has suffi-
cient resources necessary to communicate to Members 
of Congress, committees, and their staffs the goals and 
missions of the Department of State; 
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140 
(2) whether current space within the office build-
ings of the House of Representatives as well as re-
quested space within the office buildings of the Senate 
is sufficient to meet the mission of the legislative liai-
son 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 Secretary 
for Democracy, Human Rights and Labor shall designate 
a Bureau-based officer or officers who shall be responsible 
for tracking violence, criminalization, and restrictions on 
the enjoyment of fundamental freedoms, consistent with 
United States law, in foreign countries based on actual or 
perceived sexual orientation and gender identity. 
(b) INTERNATIONAL EFFORTS TO REVISE LAWS CRIM-
INALIZING HOMOSEXUALITY.—In keeping with the Admin-
istration’s endorsement of efforts by the United Nations to 
decriminalize homosexuality in member states, the Sec-
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retary 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 crim-
inalizing homosexuality or consensual homosexual conduct, 
or restricting the enjoyment of fundamental freedoms, con-
sistent with United States law, by homosexual individuals 
or organizations. 
(c) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS 
PRACTICES.—The Foreign Assistance Act of 1961 is amend-
ed— 
(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 
(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 
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142 
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’’; 
(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-
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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 Am-
bassador-at-Large (in this section referred to as the ‘‘Am-
bassador’’), who shall be appointed by the President, 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 integration 
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 de-
partments and agencies; 
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(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 programs, 
structures, processes, and capacities of all bu-
reaus 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 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 
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United States in matters relevant to the status of 
women internationally. 
(d) REPORTING.—The heads of all bureaus and offices 
of the Department of State, as appropriate, shall evaluate 
and monitor all women’s empowerment programs adminis-
tered 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) 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. 
TITLE IV—INTERNATIONAL 
ORGANIZATIONS 
Subtitle A—International 
Leadership 
SEC. 401. SHORT TITLE. 
This subtitle may be cited as the ‘‘United States Inter-
national Leadership Act of 2009’’. 
SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL 
ORGANIZATIONS. 
(a) PROMOTIONS.— 
(1) IN GENERAL.—Section 603(b) of the Foreign 
Service Act of 1980 (22 U.S.C. 4003) is amended, in 
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the second sentence, by inserting before the period at 
the end the following: ‘‘, and should 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 inter-
national organization, a multilateral institution, or a 
broad-based multilateral negotiation of an inter-
national instrument’’. 
(2) EFFECTIVE DATE.—The amendment made by 
paragraph (1) shall take effect on the date of the en-
actment of this Act and shall apply to members of the 
Foreign Service beginning on January 1, 2015. 
(b) ESTABLISHMENT OF A MULTILATERAL DIPLOMACY 
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 dedicated 
to representing the United States to inter-
national organizations and multilateral institu-
tions, including missions in New York, Brussels, 
Geneva, Rome, Montreal, Nairobi, Vienna, and 
Paris. 
(B) In offices at the Harry S. Truman 
Building, the Department maintains a signifi-
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cant number of positions in bureaus that are ei-
ther dedicated, or whose primary responsibility 
is, to represent the United States to such organi-
zations and institutions or at multilateral nego-
tiations. 
(C) Given the large number of positions in 
the United States and abroad that are dedicated 
to multilateral diplomacy, the Department of 
State may be well served in developing persons 
with specialized skills necessary to become ex-
perts 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 congressional 
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 in-
stitutions 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 Gov-
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ernment employees who have expertise and broad 
experience in conducting multilateral diplomacy. 
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 Inter-
national Organization Affairs, an Office on Multilateral 
Negotiations, to be headed by a Special Representative 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 Rep-
resentative 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: 
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(1) IN GENERAL.—The primary responsibility of 
the Special Representative shall be to assist in the or-
ganization 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 Assist-
ant Secretary for International Organization Affairs, 
shall make recommendations regarding— 
(A) effective strategies and tactics to achieve 
United States policy objectives at multilateral 
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 delega-
tions to multilateral negotiations; and 
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150 
(D) liaison with Congress, international or-
ganizations, nongovernmental organizations, and 
the private sector on matters affecting multilat-
eral negotiations. 
(3) LEADERSHIP AND MEMBERSHIP OF INTER-
NATIONAL ORGANIZATIONS.—The Special Representa-
tive, in coordination with the Assistant Secretary of 
International Organization Affairs, shall direct the ef-
forts of the United States Government to reform the 
criteria for leadership and membership of inter-
national organizations. 
(4) PARTICIPATION IN MULTILATERAL NEGOTIA-
TIONS.—The Special Representative, or members of 
the Special Representative’s staff, may, as required by 
the President or the Secretary of State, serve on a 
United States delegation to any multilateral negotia-
tion. 
SEC. 404. SYNCHRONIZATION OF UNITED STATES CON-
TRIBUTIONS TO INTERNATIONAL ORGANIZA-
TIONS. 
Not later than 180 days after the date of the enactment 
of this Act, the President shall transmit to the appropriate 
congressional committees a plan on the implementation of 
section 404 of the Foreign Relations Authorization Act of 
2003 (Public Law 107–228; relating to a resumption by 
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151 
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 Organi-
zations and Contributions for International Peacekeeping 
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 Congress 
that— 
(1) multilateral diplomacy in the context of the 
Americas has suffered considerably in the past decade, 
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 efforts in the 
Organization of American States (OAS), where the 
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152 
United States is a founding member and whose cen-
tral tenets include democratic values considered 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 multi-
lateral 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 inter-
ests of the United States in the Americas region, in-
cluding— 
(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; 
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153 
(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 Perma-
nent 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 Author-
ization 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 cal-
endar 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, 
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154 
Guam, and the Commonwealth of the Northern Mariana Is-
lands. 
SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COM-
MISSIONS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act and two 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 fol-
lowing: 
(1) Amounts obligated and expended during the 
two previous fiscal years by each of such commissions. 
(2) A description of the projects carried out dur-
ing such years by each of such commissions and a de-
scription of the management and implementation 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 com-
missions because of obligations that the United States 
has entered into based on any treaty between the 
United States and another country. 
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155 
(c) SUBMISSION OF THE REPORTS.—The reports may 
be combined with the annual budget justification submitted 
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 findings: 
(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-Pro-
liferation Treaty’’ or ‘‘NPT’’) and the safeguards sys-
tem 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 sup-
ply, the strengthening of IAEA safeguards, and assist-
ance to the developing world for nuclear and non-nu-
clear energy sources, as embodied in the Nuclear Non- 
Proliferation Act of 1978 (22 U.S.C. 3201 et seq.). 
(3) According to some experts, global energy de-
mand 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 September 
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156 
2006 that ‘‘while IAEA is increasingly relying on the 
analytical skills of its staff to detect countries’’ 
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 laboratories, for 
example, threaten both our ability to deliver our pro-
grammed, as well as our independent analytical ca-
pability’’. 
(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 demanding, 
and while initial plans have been made for laboratory 
enhancement and are currently pending budgetary 
approval (sometime in 2009), the simple fact is that, 
as more countries implement IAEA 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 
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poses to verification of the assurances of peace and se-
curity provided by the IAEA safeguards system. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 for the refurbish-
ment or possible replacement of the IAEA’s Safeguards An-
alytical Laboratory. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Relations 
of the Senate a report on the refurbishment or possible re-
placement of the IAEA’s Safeguards Analytical Laboratory 
pursuant to subsection (b). 
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 Destruc-
tion Proliferation and Terrorism regarding the Inter-
national Atomic Energy Agency (IAEA) and nuclear safe-
guards reform: 
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(1) The United States should work with the 
IAEA Director General to consider establishing a 
safeguards user fee, whereby countries with inspected 
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 two 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 
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. 
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(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 reg-
istry 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 individual 
IAEA member states and the public to ensure that it 
can be used effectively in developing the plan for 
IAEA safeguards. The IAEA should update the data-
base 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 process 
and analyze the information gathered, making unre-
ported transfers illegal and subject to seizure. 
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(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 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 Congress 
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-
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)). 
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(c) UNITED STATES PARTICIPATION AT APEC.— 
(1) DESIGNATION OF APEC COORDINATORS.—The 
President shall designate in appropriate departments 
and agencies an existing official of appropriate senior 
rank to serve as each such department’s or agency’s 
‘‘APEC Coordinator’’. 
(2) DUTIES OF APEC COORDINATORS.— 
(A) IN GENERAL.—The APEC Coordinators 
of the appropriate departments and agencies des-
ignated in accordance with paragraph (1) shall, 
in consultation with the United States Ambas-
sador to APEC, set department- and agency- 
wide guidelines for each such department’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 department’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 exist-
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162 
ing officer within the Bureau of East Asian and Pa-
cific Affairs to serve as a ‘‘Small Business Liaison’’. 
Such designee shall be of the appropriate senior rank. 
(2) DEPARTMENT OF STATE WEBSITE.—The Sec-
retary of State shall post on the website of the Depart-
ment of State a dedicated page for United States 
small businesses to facilitate direct communication 
between the United States Government and the busi-
ness community concerning APEC. 
(3) COORDINATION.—The Secretary of State 
shall coordinate with existing private sector partners 
and relevant business associations to promote partici-
pation by small businesses at APEC. The Secretary 
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 Depart-
ment of State (in accordance with paragraph (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 report 
detailing the mechanisms that are in place or are being con-
sidered for hosting the 2011 meeting of APEC in the United 
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