188 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00188
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
189 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00189
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
190 
HR 2410 RFS 
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, 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00190
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
191 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00191
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
192 
HR 2410 RFS 
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; 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00192
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
193 
HR 2410 RFS 
(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— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00193
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
194 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00194
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
195 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00195
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
196 
HR 2410 RFS 
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— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00196
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
197 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00197
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
198 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00198
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
199 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00199
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
200 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00200
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
201 
HR 2410 RFS 
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.— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00201
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
202 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00202
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
203 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00203
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
204 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
205 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
206 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00206
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
207 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00207
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
208 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00208
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
209 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00209
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
210 
HR 2410 RFS 
(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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00210
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
211 
HR 2410 RFS 
(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.— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
212 
HR 2410 RFS 
(1) IN GENERAL.—An employee of an agency 
who is serving under a career or career conditional 
appointment (or the equivalent), and who, with the 
consent of the head of such agency, transfers to the 
Foundation, is entitled to be reemployed in such em-
ployee’s former position or a position of like senior-
ity, status, and pay in such agency, if such em-
ployee— 
(A) is separated from the Foundation for 
any reason, other than misconduct, neglect of 
duty, or malfeasance; and 
(B) applies for reemployment not later 
than 90 days after the date of separation from 
the Foundation. 
(2) SPECIFIC RIGHTS.—An employee who satis-
fies paragraph (1) is entitled to be reemployed (in 
accordance with such paragraph) within 30 days 
after applying for reemployment and, on reemploy-
ment, is entitled to at least the rate of basic pay to 
which such employee would have been entitled had 
such employee never transferred. 
(c) HIRING AUTHORITY.—Of persons employed by 
the Foundation, not to exceed 20 persons may be ap-
pointed, compensated, or removed without regard to the 
civil service laws and regulations. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
213 
HR 2410 RFS 
(d) BASIC PAY.—The Chief Executive Officer may fix 
the rate of basic pay of employees of the Foundation with-
out regard to the provisions of chapter 51 of title 5, 
United States Code (relating to the classification of posi-
tions), subchapter III of chapter 53 of such title (relating 
to General Schedule pay rates), except that no employee 
of the Foundation may receive a rate of basic pay that 
exceeds the rate for level IV of the Executive Schedule 
under section 5315 of such title. 
(e) DEFINITIONS.—In this section— 
(1) the term ‘‘agency’’ means an executive 
agency, as defined by section 105 of title 5, United 
States Code; and 
(2) the term ‘‘detail’’ means the assignment or 
loan of an employee, without a change of position, 
from the agency by which such employee is employed 
to the Foundation. 
SEC. 710. GAO REVIEW. 
(a) REVIEW REQUIRED.—Not later than 2 years 
after the date of the enactment of this Act, the Comp-
troller General of the United States shall commence a re-
view of the operations of the Foundation. 
(b) CONTENT.—In conducting the review required 
under subsection (a), the Comptroller General shall ana-
lyze— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00213
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
214 
HR 2410 RFS 
(1) whether the Foundation is organized and 
operating in a manner that will permit it to fulfill 
the purposes of this section, as set forth in section 
603; 
(2) the degree to which the Foundation is oper-
ating efficiently and in a manner consistent with the 
requirements of paragraphs (4) and (5) of section 
605(b); 
(3) whether grant-making by the Foundation is 
being undertaken in a manner consistent with sub-
sections (d), (e), and (f) of section 606; 
(4) the extent to which the Foundation is using 
best practices in the implementation of this Act and 
the administration of the program described in sec-
tion 606; and 
(5) other relevant matters, as determined by 
the Comptroller General, after consultation with the 
appropriate congressional committees. 
(c) REPORT REQUIRED.—The Comptroller General 
shall submit a report on the results of the review con-
ducted under subsection (a) to the Secretary of State (in 
the capacity of the Secretary as Chairperson of the Board 
of the Foundation) and to the appropriate congressional 
committees. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00214
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
215 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00215
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
216 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00216
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
217 
HR 2410 RFS 
(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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00217
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
218 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00218
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
219 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00219
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
220 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00220
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
221 
HR 2410 RFS 
(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.— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00221
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
222 
HR 2410 RFS 
(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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00222
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
223 
HR 2410 RFS 
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; 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00223
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
224 
HR 2410 RFS 
(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; 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00224
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
225 
HR 2410 RFS 
(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 out-
sourcing and off-shoring of defense produc-
tion harm United States national security 
and weaken the defense industrial base, in-
cluding direct and indirect impact on em-
ployment, 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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00225
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
226 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00226
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
227 
HR 2410 RFS 
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— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00227
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
229 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00229
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
230 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00230
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
231 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00231
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
232 
HR 2410 RFS 
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— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00232
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
233 
HR 2410 RFS 
(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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00233
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
234 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00234
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
235 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00235
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
236 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00236
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
237 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00237
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
238 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00238
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
239 
HR 2410 RFS 
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— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00239
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
240 
HR 2410 RFS 
‘‘(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00240
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
242 
HR 2410 RFS 
‘‘(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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00242
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
243 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00243
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
244 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00244
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
245 
HR 2410 RFS 
(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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00245
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
246 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00246
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
247 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00247
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
248 
HR 2410 RFS 
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’’; 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00248
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
249 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00249
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
250 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00250
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
251 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00251
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
252 
HR 2410 RFS 
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). 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00252
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
253 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00253
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
254 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00254
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
255 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00255
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
256 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00256
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
257 
HR 2410 RFS 
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— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00257
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
258 
HR 2410 RFS 
‘‘(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; 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00258
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
259 
HR 2410 RFS 
‘‘(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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00259
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
260 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00260
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
261 
HR 2410 RFS 
(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.— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00261
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
262 
HR 2410 RFS 
(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). 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00262
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
263 
HR 2410 RFS 
(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; 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00263
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
264 
HR 2410 RFS 
(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— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00264
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
265 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00265
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
266 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00266
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
267 
HR 2410 RFS 
(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’’. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00267
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
268 
HR 2410 RFS 
(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, 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00268
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
269 
HR 2410 RFS 
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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00269
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
270 
HR 2410 RFS 
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). 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00270
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
271 
HR 2410 RFS 
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; 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00271
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
272 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00272
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
273 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00273
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
274 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00274
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
275 
HR 2410 RFS 
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— 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00275
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
276 
HR 2410 RFS 
(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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00276
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
277 
HR 2410 RFS 
(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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00277
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
278 
HR 2410 RFS 
(4) adherence to a high standard of evidence in 
developing recommendations for adjustments to such 
assistance to enhance the impact of such assistance. 
(e) CONSULTATION WITH CONGRESS.—Not later 
than 60 days after the date of the enactment of this Act, 
the President shall brief and consult with the appropriate 
congressional committees regarding the progress in estab-
lishing and implementing the program required under sub-
section (c). 
(f) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated for the Merida Ini-
tiative, up to 5 percent of such amounts is authorized to 
be appropriated to carry out this section. 
(g) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this section and 
not later than December 1 of each year thereafter, 
the President shall transmit to the appropriate con-
gressional committees a report regarding programs 
and activities carried out under the Merida Initiative 
during the preceding fiscal year. 
(2) MATTERS TO BE INCLUDED.—The reports 
required under subsection (g) shall include the fol-
lowing: 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00278
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
279 
HR 2410 RFS 
(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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00279
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
280 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00280
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
281 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00281
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
282 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00282
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
283 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00283
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
284 
HR 2410 RFS 
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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00284
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
285 
HR 2410 RFS 
(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-
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00285
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
286 
HR 2410 RFS 
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 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00286
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
287 
HR 2410 RFS 
(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. 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00287
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS
368 
HR 2410 RFS 
technology’’ means an energy supply or end-use 
technology— 
(A) such as— 
(i) solar technology; 
(ii) wind technology; 
(iii) geothermal technology; 
(iv) hydroelectric technology 
(v) alternative fuels; and 
(vi) carbon capture technology; and 
(B) that, over its life cycle and compared 
to a similar technology already in commercial 
use— 
(i) is reliable, affordable, economically 
viable, socially acceptable, and compatible 
with the needs and norms of the country 
involved; 
(ii) results in— 
(I) reduced emissions of green-
house gases; or 
(II) increased geological seques-
tration; and 
(iii) may— 
(I) substantially lower emissions 
of air pollutants; or 
VerDate Nov 24 2008 
21:48 Jun 23, 2009
Jkt 079200
PO 00000
Frm 00368
Fmt 6652
Sfmt 6201
E:\BILLS\H2410.RFS
H2410
pwalker on PROD1PC71 with BILLS