U.S. Congress - Text of H.R.2410 as Reported in House Foreign Relations Authorization Act, Fiscal Years 2010 and 2011
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Donate NowH.R.2410 - Foreign Relations Authorization Act, Fiscal Years 2010 and 2011
To authorize appropriations for the Department of State and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 56,367 | n/a | n/a |
| Reported in House | 61,671 | 196 Show Changes Hide Changes | 17% |
| Engrossed in House | 90,309 | 255 | 42% |
| Referred in Senate | 89,801 | 15 | 0% |
Key: changed or removed text inserted or modified text
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HR 2410 IHRHCommentsClose CommentsPermalink
Union Calendar No. 69CommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 2410CommentsClose CommentsPermalink
[Report No. 111-136]CommentsClose CommentsPermalink
To authorize appropriations for the Department of State and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.CommentsClose CommentsPermalink
IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink
May 14, 2009CommentsClose CommentsPermalink
May 14, 2009CommentsClose CommentsPermalink
Mr. BERMAN introduced the following bill; which was referred to the Committee on Foreign AffairsCommentsClose CommentsPermalink
June 4, 2009CommentsClose CommentsPermalink
June 4, 2009CommentsClose CommentsPermalink
Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, and ordered to be printedCommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink
[Strike out all after the enacting clause and insert the part printed in italic]CommentsClose CommentsPermalink
[For text of introduced bill, see copy of bill as introduced on May 14, 2009]CommentsClose CommentsPermalink
[For text of introduced bill, see copy of bill as introduced on May 14, 2009]CommentsClose CommentsPermalink
A BILLCommentsClose CommentsPermalink
To authorize appropriations for the Department of State and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 2010 and 2011’. CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows: CommentsClose CommentsPermalink
Sec. 1. Short title. CommentsClose CommentsPermalink
Sec. 2. Table of contents. CommentsClose CommentsPermalink
Sec. 3. Appropriate congressional committees defined. CommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Administration of Foreign Affairs. CommentsClose CommentsPermalink
Sec. 102. International organizations. CommentsClose CommentsPermalink
Sec. 103. International commissions. CommentsClose CommentsPermalink
Sec. 104. Migration and refugee assistance. CommentsClose CommentsPermalink
Sec. 105. Centers and foundations. CommentsClose CommentsPermalink
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. International Litigation Fund. CommentsClose CommentsPermalink
Sec. 202. Actuarial valuations. CommentsClose CommentsPermalink
Sec. 203. Special agents. CommentsClose CommentsPermalink
Sec. 204. Repatriation loans. CommentsClose CommentsPermalink
Subtitle B--Public Diplomacy at the Department of State
Sec. 211. Concentration of public diplomacy responsibilities. CommentsClose CommentsPermalink
Sec. 212. Establishment of Public Diplomacy Reserve Corps. CommentsClose CommentsPermalink
Sec. 213. Enhancing United States public diplomacy outreach. CommentsClose CommentsPermalink
Sec. 214. Public diplomacy resource centers. CommentsClose CommentsPermalink
Sec. 215. Grants for international documentary exchange programs. CommentsClose CommentsPermalink
Sec. 216. United States Advisory Commission on Public Diplomacy. CommentsClose CommentsPermalink
Sec. 217. Special Olympics. CommentsClose CommentsPermalink
Sec. 218. Extension of program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships. CommentsClose CommentsPermalink
Sec. 219. Central Asia scholarship program for public policy internships. CommentsClose CommentsPermalink
Sec. 220. United States-South Pacific Scholarship Program. CommentsClose CommentsPermalink
Sec. 221. Scholarships for indigenous peoples of Mexico and Central and South America. CommentsClose CommentsPermalink
Sec. 222. United States-Caribbean Educational Exchange Program. CommentsClose CommentsPermalink
Sec. 223. Exchanges between Sri Lanka and the United States to promote dialogue among minority groups in Sri Lanka. CommentsClose CommentsPermalink
Sec. 224. Exchanges between Liberia and the United States for women legislators. CommentsClose CommentsPermalink
Sec. 225. Public diplomacy plan for Haiti. CommentsClose CommentsPermalink
Sec. 226. Transfer of the Vietnam Education Foundation to the Department of State. CommentsClose CommentsPermalink
Subtitle C--Consular Services and Related Matters
Sec. 231. Permanent authority to assess passport surcharge. CommentsClose CommentsPermalink
Sec. 232. Sense of Congress regarding additional consular services in Moldova. CommentsClose CommentsPermalink
Sec. 233. Reforming refugee processing. CommentsClose CommentsPermalink
Sec. 234. English language and cultural awareness training for approved refugee applicants. CommentsClose CommentsPermalink
Sec. 235. Iraqi refugees and internally displaced persons. CommentsClose CommentsPermalink
Sec. 236. Videoconference interviews. CommentsClose CommentsPermalink
Sec. 237. Tibet. CommentsClose CommentsPermalink
Sec. 238. Processing of certain visa applications. CommentsClose CommentsPermalink
Subtitle D--Strengthening Arms Control and Nonproliferation Activities at the Department of State
Sec. 241. Findings and sense of Congress on the need to strengthen United States arms control and nonproliferation capabilities. CommentsClose CommentsPermalink
Sec. 242. Authorization of additional arms control and nonproliferation positions. CommentsClose CommentsPermalink
Sec. 243. Additional authority of the Secretary of State. CommentsClose CommentsPermalink
Sec. 244. Additional flexibility for rightsizing arms control and nonproliferation functions. CommentsClose CommentsPermalink
Sec. 245. Arms control and nonproliferation rotation program. CommentsClose CommentsPermalink
Sec. 246. Arms control and nonproliferation scholarship program. CommentsClose CommentsPermalink
Sec. 247. Scientific advisory committee. CommentsClose CommentsPermalink
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES
Subtitle A--Towards Modernizing the Department of State
Sec. 301. Towards a more modern and expeditionary Foreign Service. CommentsClose CommentsPermalink
Sec. 302. Quadrennial review of diplomacy and development. CommentsClose CommentsPermalink
Sec. 303. Establishment of the Lessons Learned Center. CommentsClose CommentsPermalink
Sec. 304. Locally employed staff compensation. CommentsClose CommentsPermalink
Subtitle B--Foreign Service Pay Equity and Death Gratuity
Sec. 311. Short title. CommentsClose CommentsPermalink
Sec. 312. Overseas comparability pay adjustment. CommentsClose CommentsPermalink
Sec. 313. Death gratuity. CommentsClose CommentsPermalink
Subtitle C--Other Organization and Personnel Matters
Sec. 321. Transatlantic diplomatic fellowship program. CommentsClose CommentsPermalink
Sec. 322. Security officers exchange program. CommentsClose CommentsPermalink
Sec. 323. Suspension of Foreign Service members without pay. CommentsClose CommentsPermalink
Sec. 324. Repeal of recertification requirement for Senior Foreign Service. CommentsClose CommentsPermalink
Sec. 325. Limited appointments in the Foreign Service. CommentsClose CommentsPermalink
Sec. 326. Compensatory time off for travel. CommentsClose CommentsPermalink
Sec. 327. Reemployment of Foreign Service annuitants. CommentsClose CommentsPermalink
Sec. 328. Personal services contractors. CommentsClose CommentsPermalink
Sec. 329. Protection of intellectual property rights. CommentsClose CommentsPermalink
Sec. 330. Department of State employment composition. CommentsClose CommentsPermalink
Sec. 331. Contracting. CommentsClose CommentsPermalink
Sec. 332. Legislative liaison office of the Department of State. CommentsClose CommentsPermalink
Sec. 333. Discrimination related to sexual orientation. CommentsClose CommentsPermalink
Sec. 334. Office for Global Women’s Issues. CommentsClose CommentsPermalink
TITLE IV--INTERNATIONAL ORGANIZATIONS
Subtitle A--International Leadership
Sec. 401. Short title. CommentsClose CommentsPermalink
Sec. 402. Promoting assignments to international organizations. CommentsClose CommentsPermalink
Sec. 403. Implementation and establishment of office on multilateral negotiations. CommentsClose CommentsPermalink
Sec. 404. Synchronization of United States contributions to international organizations. CommentsClose CommentsPermalink
Sec. 405. United States arrearages to the United Nations. CommentsClose CommentsPermalink
Subtitle B--General Provisions
Sec. 411. Organization of American States. CommentsClose CommentsPermalink
Sec. 412. Peacekeeping operations contributions. CommentsClose CommentsPermalink
Sec. 413. Pacific Islands Forum. CommentsClose CommentsPermalink
Sec. 414. Review of activities of international commissions. CommentsClose CommentsPermalink
Sec. 415. Enhancing nuclear safeguards. CommentsClose CommentsPermalink
Sec. 416. Implementation of recommendations of Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. CommentsClose CommentsPermalink
Sec. 417. Asia-Pacific Economic Cooperation. CommentsClose CommentsPermalink
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING
Sec. 501. Authorization of appropriations for international broadcasting. CommentsClose CommentsPermalink
Sec. 502. Personal services contracting program. CommentsClose CommentsPermalink
Sec. 503. Radio Free Europe/Radio Liberty pay parity. CommentsClose CommentsPermalink
Sec. 504. Employment for international broadcasting. CommentsClose CommentsPermalink
Sec. 505. Domestic release of the Voice of America film entitled ‘A Fateful Harvest’. CommentsClose CommentsPermalink
Sec. 506. Establishing permanent authority for Radio Free Asia. CommentsClose CommentsPermalink
TITLE VI--PEACE CORPS
Sec. 601. Findings; statement of policy. CommentsClose CommentsPermalink
Sec. 602. Amendments to the Peace Corps Act. CommentsClose CommentsPermalink
Sec. 603. Report. CommentsClose CommentsPermalink
TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009
Sec. 701. Short title. CommentsClose CommentsPermalink
Sec. 702. Findings. CommentsClose CommentsPermalink
Sec. 703. Purposes. CommentsClose CommentsPermalink
Sec. 704. Definitions. CommentsClose CommentsPermalink
Sec. 705. Establishment and management of the Senator Paul Simon Study Abroad Foundation. CommentsClose CommentsPermalink
Sec. 706. Establishment and operation of program. CommentsClose CommentsPermalink
Sec. 707. Annual report. CommentsClose CommentsPermalink
Sec. 708. Powers of the Foundation; related provisions. CommentsClose CommentsPermalink
Sec. 709. General personnel authorities. CommentsClose CommentsPermalink
Sec. 710. GAO review. CommentsClose CommentsPermalink
Sec. 711. Authorization of appropriations. CommentsClose CommentsPermalink
TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE
Subtitle A--Defense Trade Controls Performance Improvement Act of 2009
Sec. 801. Short title. CommentsClose CommentsPermalink
Sec. 802. Findings. CommentsClose CommentsPermalink
Sec. 803. Strategic review and assessment of the United States export controls system. CommentsClose CommentsPermalink
Sec. 804. Performance goals for processing of applications for licenses to export items on United States Munitions List. CommentsClose CommentsPermalink
Sec. 805. Requirement to ensure adequate staff and resources for the Directorate of Defense Trade Controls of the Department of State. CommentsClose CommentsPermalink
Sec. 806. Audit by Inspector General of the Department of State. CommentsClose CommentsPermalink
Sec. 807. Increased flexibility for use of defense trade controls registration fees. CommentsClose CommentsPermalink
Sec. 808. Review of International Traffic in Arms Regulations and United States Munitions List. CommentsClose CommentsPermalink
Sec. 809. Special licensing authorization for certain exports to NATO member states, Australia, Japan, New Zealand, Israel, and South Korea. CommentsClose CommentsPermalink
Sec. 810. Availability of information on the status of license applications under chapter 3 of the Arms Export Control Act. CommentsClose CommentsPermalink
Sec. 811. Sense of Congress. CommentsClose CommentsPermalink
Sec. 812. Definitions. CommentsClose CommentsPermalink
Sec. 813. Authorization of appropriations. CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Export Licenses
Sec. 821. Availability to Congress of Presidential directives regarding United States arms export policies, practices, and regulations. CommentsClose CommentsPermalink
Sec. 822. Increase in value of defense articles and services for congressional review and expediting congressional review for Israel. CommentsClose CommentsPermalink
Sec. 823. Diplomatic efforts to strengthen national and international arms export controls. CommentsClose CommentsPermalink
Sec. 824. Reporting requirement for unlicensed exports. CommentsClose CommentsPermalink
Sec. 825. Report on value of major defense equipment and defense articles exported under section 38 of the Arms Export Control Act. CommentsClose CommentsPermalink
Sec. 826. Authority to remove satellites and related components from the United States Munitions List. CommentsClose CommentsPermalink
Sec. 827. Review and report of investigations of violations of section 3 of the Arms Export Control Act. CommentsClose CommentsPermalink
Sec. 828. Report on self-financing options for export licensing functions of DDTC of the Department of State. CommentsClose CommentsPermalink
Sec. 829. Clarification of certification requirement relating to Israel’s qualitative military edge. CommentsClose CommentsPermalink
Sec. 830. Expediting congressional defense export review period for Israel. CommentsClose CommentsPermalink
Sec. 831. Updating and conforming penalties for violations of sections 38 and 39 of the Arms Export Control Act. CommentsClose CommentsPermalink
Subtitle C--Miscellaneous Provisions
Sec. 841. Authority to build the capacity of foreign military forces. CommentsClose CommentsPermalink
Sec. 842. Foreign Military Sales Stockpile Fund. CommentsClose CommentsPermalink
Sec. 843. Annual estimate and justification for Foreign Military Sales program. CommentsClose CommentsPermalink
Sec. 844. Sense of Congress on the global arms trade. CommentsClose CommentsPermalink
Sec. 845. Report on United States’ commitments to the security of Israel. CommentsClose CommentsPermalink
Sec. 846. War Reserves Stockpile. CommentsClose CommentsPermalink
Sec. 847. Excess defense articles for Central and South European countries and certain other countries. CommentsClose CommentsPermalink
Sec. 848. Support to Israel for missile defense. CommentsClose CommentsPermalink
TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE
Subtitle A--General Provisions
Sec. 901. Coordinator of United States Government activities to implement the Merida Initiative. CommentsClose CommentsPermalink
Sec. 902. Adding the Caribbean to the Merida Initiative. CommentsClose CommentsPermalink
Sec. 903. Merida Initiative monitoring and evaluation mechanism. CommentsClose CommentsPermalink
Sec. 904. Merida Initiative defined. CommentsClose CommentsPermalink
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. CommentsClose CommentsPermalink
Sec. 912. Increase in penalties for illicit trafficking in small arms and light weapons to Mexicocountries in the Western Hemisphere. CommentsClose CommentsPermalink
Sec. 913. Department of State rewards program. CommentsClose CommentsPermalink
Sec. 914. Statement of Congress supporting United States ratification of CIFTA. CommentsClose CommentsPermalink
TITLE X--REPORTING REQUIREMENTS
Sec. 1001. Assessment of Special Court for Sierra Leone. CommentsClose CommentsPermalink
Sec. 1002. Report on United States capacities to prevent genocide and mass atrocities. CommentsClose CommentsPermalink
Sec. 1003. Reports relating to programs to encourage good governance. CommentsClose CommentsPermalink
Sec. 1004. Reports on Hong Kong. CommentsClose CommentsPermalink
Sec. 1005. Democracy in Georgia. CommentsClose CommentsPermalink
Sec. 1006. Diplomatic relations with Israel. CommentsClose CommentsPermalink
Sec. 1007. Police training report. CommentsClose CommentsPermalink
Sec. 1008. Reports on humanitarian assistance in Gaza. CommentsClose CommentsPermalink
Sec. 1009. Report on activities in Haiti. CommentsClose CommentsPermalink
Sec. 1010. Report on religious minority communities in the Middle East. CommentsClose CommentsPermalink
Sec. 1011. Iran’s influence in the Western Hemisphere. CommentsClose CommentsPermalink
TITLE XI--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
Sec. 1101. Bilateral commission with Nigeria. CommentsClose CommentsPermalink
Sec. 1102. Authorities relating to the Southern Africa Enterprise Development Fund. CommentsClose CommentsPermalink
Sec. 1103. Diabetes treatment and prevention and safe water and sanitation for Pacific Island countries. CommentsClose CommentsPermalink
Sec. 1104. Statelessness. CommentsClose CommentsPermalink
Sec. 1105. Statement of Policy Regarding the Ecumenical Patriarchate. CommentsClose CommentsPermalink
Sec. 1106. Transfer of liquidated assets of certain Enterprise Funds to legacy institutions.Sec. 1107. Limitation on assistance for hurricane preparedness and other weather cooperation activities to countries in the Americas. CommentsClose CommentsPermalink
Sec. 11087. Statement of Congress regarding Afghan women. CommentsClose CommentsPermalink
Sec. 11098. Global Peace Operations Initiative programs and activities. CommentsClose CommentsPermalink
Sec. 111009. Freedom of the press. CommentsClose CommentsPermalink
Sec. 11110. Information for Country Commercial Guides on business and investment climates. CommentsClose CommentsPermalink
Sec. 1112. International Protecting Girls by Preventing Child Marriage.Sec. 11131. International protection of girls by preventing child marriage. CommentsClose CommentsPermalink
Sec. 1112. Statement of Congress regarding return of portraits of Holocaust victims to artist Dina Babbitt. CommentsClose CommentsPermalink
Sec. 11143. Statement of policy regarding Somalia. CommentsClose CommentsPermalink
Subtitle B--Sense of Congress Provisions
Sec. 1121. Promoting democracy and human rights in Belarus. CommentsClose CommentsPermalink
Sec. 1122. Sense of Congress on the humanitarian situation in Sri Lanka. CommentsClose CommentsPermalink
Sec. 1123. West Papua. CommentsClose CommentsPermalink
Sec. 1124. Sense of Congress relating to Soviet nuclear tests and Kazakhstan’s commitment to nonproliferation. CommentsClose CommentsPermalink
Sec. 1125. Sense of Congress on Holocaust-era property restitution and compensation. CommentsClose CommentsPermalink
Sec. 1126. Efforts to secure the freedom of Gilad Shalit. CommentsClose CommentsPermalink
Sec. 1127. Sense of Congress relating to Sudan. CommentsClose CommentsPermalink
Sec. 1128. Sense of Congress on restrictions on religious freedom in Vietnam. CommentsClose CommentsPermalink
SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
Except as otherwise provided in this Act, the term ‘appropriate congressional committees’ means the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate. CommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONS
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TITLE I--AUTHORIZATION OF APPROPRIATIONS CommentsClose CommentsPermalink
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the Department of State under ‘Administration of Foreign Affairs’ to carry out the authorities, functions, duties, and responsibilities in the conduct of foreign affairs of the United States, and for other purposes authorized by law: CommentsClose CommentsPermalink
(1) DIPLOMATIC AND CONSULAR PROGRAMS- CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Diplomatic and Consular Programs’ $7,312,016,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(B) WORLDWIDE SECURITY PROTECTION- In addition to the amounts authorized to be appropriated by subparagraph (A), $1,648,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for worldwide security protection. CommentsClose CommentsPermalink
(C) PUBLIC DIPLOMACY- Of the amounts authorized to be appropriated under subparagraph (A), $500,278,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for pubic diplomacy. CommentsClose CommentsPermalink
(D) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR- Of the amounts authorized to be appropriated under subparagraph (A), $20,659,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for the Bureau of Democracy, Human Rights, and Labor. CommentsClose CommentsPermalink
(2) CAPITAL INVESTMENT FUND- For ‘Capital Investment Fund’, $160,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE- For ‘Embassy Security, Construction and Maintenance’, $1,815,050,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(4) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS- CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Educational and Cultural Exchange Programs’, $633,243,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(B) TIBETAN SCHOLARSHIP PROGRAM- Of the amounts authorized to be appropriated under subsection (aparagraph (A), $750,000 for fiscal year 2010 and $800,000 for fiscal year 2011 are authorized to be appropriated to carry out the Tibetan scholarship program established under section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (
(C) NGAWANG CHOEPEL EXCHANGE PROGRAMS- Of the amounts authorized to be appropriated under subsection (a), such sums are authorizedparagraph (A), such sums as may be necessary are authorized to be appropriated for each of fiscal years 2010 and 2011 are authorized to be appropriated for the ‘Ngawang Choepel Exchange Programs’ (formerly known as ‘programs of educational and cultural exchange between the United States and the people of Tibet’) under section 103(a) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (
(5) CIVILIAN STABILIZATION INITIATIVE- For ‘Civilian Stabilization Initiative’, $323,272,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(6) REPRESENTATION ALLOWANCES- For ‘Representation Allowances’, $8,175,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(7) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS- CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For Protection of Foreign Missions and Officials, $27,159,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(B) REIMBURSEMENT FOR PAST EXPENSES OWED BY THE UNITED STATES- In addition to the amounts authorized to be appropriated under subparagraph (A), there are authorized to be appropriated $21,000,000 for fiscal year 2010 and $25,000,000 for fiscal year 2011 for ‘Protection of Foreign Missions and Officials’ to be used only to reimburse State and local governments for necessary expenses incurred since 1998 for the protection of foreign missions and officials and recognized by the United States. CommentsClose CommentsPermalink
(8) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE- For ‘Emergencies in the Diplomatic and Consular Service’, $10,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(9) REPATRIATION LOANS- For ‘Repatriation Loans’, $1,450,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(10) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN- For ‘Payment to the American Institute in Taiwan’, $21,174,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(11) OFFICE OF THE INSPECTOR GENERAL- CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Office of the Inspector General’, $100,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(B) SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION- Of the amounts authorized to be appropriated under subparagraph (A), $30,000,000 is authorized to be for the Special Inspector General for Iraq Reconstruction. CommentsClose CommentsPermalink
(C) SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION- Of the amounts authorized to be appropriated under subparagraph (A), $23,000,000 is authorized to be for the Special Inspector General for Afghanistan Reconstruction. CommentsClose CommentsPermalink
SEC. 102. INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International Organizations- There are authorized to be appropriated for ‘Contributions to International Organizations’, $1,797,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011, for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such purposes. CommentsClose CommentsPermalink
(b) Contributions for International Peacekeeping Activities- There are authorized to be appropriated for ‘Contributions for International Peacekeeping Activities’, $2,260,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011, for the Department of State to carry out the authorities, functions, duties, and responsibilities of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes. CommentsClose CommentsPermalink
(c) Foreign Currency Exchange Rates- In addition to amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to offset adverse fluctuations in foreign currency exchange rates. Amounts appropriated under this subsection shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies to Congress that such amounts are necessary due to such fluctuations. CommentsClose CommentsPermalink
SEC. 103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under ‘International Commissions’ for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law: CommentsClose CommentsPermalink
(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO- For ‘International Boundary and Water Commission, United States and Mexico’-- CommentsClose CommentsPermalink
(A) for ‘Salaries and Expenses’, $33,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011; and CommentsClose CommentsPermalink
(B) for ‘Construction’, $43,250,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA- For ‘International Boundary Commission, United States and Canada’, $2,385,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(3) INTERNATIONAL JOINT COMMISSION- For ‘International Joint Commission’, $7,974,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(4) INTERNATIONAL FISHERIES COMMISSIONS- For ‘International Fisheries Commissions’, $12,60843,576,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations- There are authorized to be appropriated for ‘Migration and Refugee Assistance’ for authorized activities $1,577,500,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(b) Refugee Resettlement in Israel- Of the amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated $25,000,000 for fiscal years 2010 and such sums as may be necessary for fiscal year 2011 for resettlement of refugees in Israel. CommentsClose CommentsPermalink
SEC. 105. CENTERS AND FOUNDATIONS.
(a) Asia Foundation- There are authorized to be appropriated for ‘The Asia Foundation’ for authorized activities, $20,000,000 for fiscal year 2010, and $23,000,000 for fiscal year 2011. CommentsClose CommentsPermalink
(b) National Endowment for Democracy- There are authorized to be appropriated for the ‘National Endowment for Democracy’ for authorized activities, $100,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011. CommentsClose CommentsPermalink
(c) Center for Cultural and Technical Interchange Between East and West- There are authorized to be appropriated for the ‘Center for Cultural and Technical Interchange Between East and West’ for authorized activities, such sums as may be necessary for each of fiscal years 2010 and 2011. CommentsClose CommentsPermalink
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
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TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES CommentsClose CommentsPermalink
Subtitle A--Basic Authorities and Activities
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Subtitle A--Basic Authorities and Activities CommentsClose CommentsPermalink
SEC. 201. INTERNATIONAL LITIGATION FUND.
Section 38(d)(3) of the State Department Basic Authorities Act of 1956 (
SEC. 202. ACTUARIAL VALUATIONS.
The Foreign Service Act of 1980 is amended-- CommentsClose CommentsPermalink
(1) in section 818 (
(A) in the first sentence, by striking ‘Secretary of the Treasury’ and inserting instead ‘Secretary of State’; and CommentsClose CommentsPermalink
(B) by amending the second sentence to read as follows: ‘The Secretary of State is authorized to expend from money to the credit of the Fund such sums as may be necessary to administer the provisions of this chapter, including actuarial advice, but only to the extent and in such amounts as are provided in advance in appropriations acts.’; CommentsClose CommentsPermalink
(2) in section 819 (
(3) in section 825(b) (
(4) section 859(c) (
(A) by striking ‘Secretary of the Treasury’ and inserting instead ‘Secretary of State’; and CommentsClose CommentsPermalink
(B) by striking ‘and shall advise the Secretary of State of’ and inserting instead ‘that will provide’. CommentsClose CommentsPermalink
SEC. 203. SPECIAL AGENTS.
(a) In General- Paragraph (1) of section 37(a) of the State Department Basic Authorities Act of 1956 (
‘(1) conduct investigations concerning-- CommentsClose CommentsPermalink
‘(A) illegal passport or visa issuance or use; CommentsClose CommentsPermalink
‘(B) identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State; and CommentsClose CommentsPermalink
‘(C) Federal offenses committed within the special maritime and territorial jurisdiction of the United States as defined in paragraph (9) of
, except as that jurisdiction relates to the premises of United States military missions and related residences;’. CommentsClose CommentsPermalink section 7 of title 18, United States Code
(b) Rule of Construction- Nothing in paragraph (1) of such section 37(a) (as amended by subsection (a) of this section) shall be construed to limit the investigative authority of any other Federal department or agency. CommentsClose CommentsPermalink
SEC. 204. REPATRIATION LOANS.
Section 4 of the State Department Basic Authorities Act of 1956 (
‘(e) Under such regulations as the Secretary of State may prescribe, and in such amounts as are appropriated in advance, the Secretary is authorized to waive in whole or part the recovery of a repatriation loan under subsection (d) if it is shown that such recovery would be against equity and good conscience or against the public interest.’. CommentsClose CommentsPermalink
Subtitle B--Public Diplomacy at the Department of State
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Subtitle B--Public Diplomacy at the Department of State CommentsClose CommentsPermalink
SEC. 211. CONCENTRATION OF PUBLIC DIPLOMACY RESPONSIBILITIES.
Section 60 of the State Department Basic Authorities Act of 1956 (
(1) in subsection (b)(1), by inserting ‘in accordance with subsection (e),’ before ‘coordinate’; and CommentsClose CommentsPermalink
(2) by adding at the end the following new subsection: CommentsClose CommentsPermalink
‘(e) Concentration of Public Diplomacy Responsibilities- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary of State shall, subject to the direction of the President, have primary responsibility for the coordination described in subsection (b)(1), and shall make every effort to establish and present to foreign publics unified United States public diplomacy activities. CommentsClose CommentsPermalink
‘(2) QUARTERLY MEETINGS AND ONGOING CONSULTATIONS AND COORDINATION- CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall, subject to the direction of the President, establish a working group of the heads of the Federal agencies referred to in subsection (b)(1) and should seek to convene such group not less often than once every three months to carry out the requirement specified in paragraph (1) of this subsection. CommentsClose CommentsPermalink
‘(B) CHAIR AND ROTATING VICE CHAIR- The Secretary shall serve as the permanent chair of the quarterly meetings required under subparagraph (A). Each head of a Federal agency referred to in subsection (b)(1) shall serve on a rotating basis as the vice chair of each such quarterly meeting. CommentsClose CommentsPermalink
‘(C) INITIAL MEETING- The initial meeting of the working group established under subparagraph (A) shall be not later than the date that is six months after the date of the enactment of this subsection. CommentsClose CommentsPermalink
‘(D) ONGOING CONSULTATIONS AND COORDINATION- The Secretary and each head of the Federal agencies referred to in subsection (b)(1) shall designate a representative of each respective agency to consult and coordinate with such other representatives on an ongoing basis beginning not later than 30 days after the initial meeting of the working group under subparagraph (C) to carry out the requirement specified in paragraph (1) of this subsection. The designee of the Secretary shall have primary responsibility for such ongoing consultations and coordination. CommentsClose CommentsPermalink
‘(3) REPORTS REQUIRED- CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (D), each head of a Federal agency referred to in subsection (b)(1) shall annually submit to the President a report on the public diplomacy activities of each such agency in the preceding year. CommentsClose CommentsPermalink
‘(B) INFORMATION SHARING- The President shall make available to the Secretary the reports submitted pursuant to subparagraph (A). CommentsClose CommentsPermalink
‘(C) INITIAL SUBMISSIONS- The first annual reports required under subparagraph (A) shall be submitted not later than the date that is one year after the date of the enactment of this subsection. CommentsClose CommentsPermalink
‘(D) LIMITATION- Subparagraph (A) shall not apply with respect to activities carried out pursuant to
.’. CommentsClose CommentsPermalink section 167 of title 10, United States Code
SEC. 212. ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE CORPS.
(a) Finding- Congress finds that currently a shortage of trained public diplomacy Foreign Service officers at the mid-career level threatens the effectiveness of United States outreach to publics abroad. CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that-- CommentsClose CommentsPermalink
(1) the Foreign Service should recruit individuals with professional experience relevant to public diplomacy, and provide training and mentoring to cultivate their skills in order to build up the corps of professionals in the public diplomacy cone; and CommentsClose CommentsPermalink
(2) apart from the public diplomacy cone, training of all Foreign Service officers should include more information on techniques of public diplomacy. CommentsClose CommentsPermalink
(c) Establishment of Public Diplomacy Reserve Corps- Section 301 of the Foreign Service Act of 1980 (
‘(e) Establishment of Public Diplomacy Reserve Corps- CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary of State is authorized to establish in the Foreign Service a Public Diplomacy Reserve Corps consisting of mid- and senior-level former Foreign Service officers and other individuals with experience in the private or public sector relevant to public diplomacy, to serve for a period of six months to two years in postings abroad. CommentsClose CommentsPermalink
‘(2) PROHIBITION ON CERTAIN ACTIVITIES- While actively serving with the Reserve Corps, individuals may not engage in activities directly or indirectly intended to influence public opinion within the United States in the same manner and to the same extent that employees of the Department of State engaged in public diplomacy are so prohibited.’. CommentsClose CommentsPermalink
SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY OUTREACH.
(a) Findings- Congress finds the following: CommentsClose CommentsPermalink
(1) The platform strategy for United States public diplomacy programs has changed dramatically with events of the past decade. The United States Government used to operate hundreds of free-standing facilities around the world, known as ‘American Centers’ or ‘America Houses’, that offered venues for cultural and educational events as well as access to books, magazines, films, and other selected materials about the United States. The consolidation of the United States Information Agency (USIA) into the Department of State accelerated the post-Cold War process of closing these facilities, and the deadly attacks on United States embassies in Tanzania and Kenya prompted the imposition of security requirements under law that included co-locating United States Government employees in hardened embassy compounds. CommentsClose CommentsPermalink
(2) Information Resource Centers, which offer library services and space for public events, that are now located in embassy compounds allow limited access--and in some cases, none whatsoever--by the public, and half of them operate on a ‘by appointment only’ basis. ‘American Corner’ facilities, operated by local contacts in university or public libraries in some countries, are no substitute for a designated venue recognized as a resource for information on United States culture and education staffed by a knowledgeable representative of the embassy. CommentsClose CommentsPermalink
(b) Partnership Arrangements To Further Public Diplomacy and Outreach- Recognizing the security challenges of maintaining free-standing public diplomacy facilities outside of embassy compounds, the Secretary of State shall consider new partnership arrangements with local or regional entities in foreign countries that can operate free-standing American Centers in areas well-trafficked by a cross-section of people in such countries, including in downtown storefronts, health care clinics, and other locations that reach beyond library patrons and university students. Where such partnership arrangements currently exist, the Secretary shall evaluate the efficacy of such partnership arrangements and determine whether such partnership arrangements can provide a model for public diplomacy facilities outside of embassy and consulate compounds elsewhere. Not later than 180 days after the date of the enactment of this Act, the Secretary shall brief the appropriate congressional committees on the evaluation and determinations described in the preceding sentence. CommentsClose CommentsPermalink
(c) Establishment of Certain Public Diplomacy Facilities- After taking into account relevant security needs, the Secretary of State shall consider placing United States public diplomacy facilities at locations that maximize the role of such facilities in the educational and cultural life of the cities in which such facilities are located, and help build a growing constituency for such facilities, in accordance with the authority given to the Secretary under section 606(a)(2)(B) of the Secure Embassy Construction and Counterterrorism Act of 1999 (
SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS.
(a) Establishment and Maintenance of Libraries- Section 1(b)(3) of the State Department Basic Authorities Act of 1956 (
(1) in subparagraph (D), by striking ‘and’ at the end; CommentsClose CommentsPermalink
(2) in subparagraph (E), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph: CommentsClose CommentsPermalink
‘(F) provide for the establishment of new and the maintenance of existing libraries and resource centers at or in connection with United States diplomatic and consular missions.’. CommentsClose CommentsPermalink
(b) Operation of Libraries- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State shall ensure that libraries and resource centers established and maintained in accordance with subparagraph (F) of section 1(b)(3) of the State Department Basic Authorities Act of 1956 (as added by subsection (a)(3) of this section) are open to the general public to the greatest extent practicable, subject to policies and procedures established by the Secretary to ensure the safety and security of United States diplomatic and consular missions and of United States officers, employees, and personnel posted at such missions at which such libraries are located. CommentsClose CommentsPermalink
(2) SHOWINGS OF UNITED STATES FILMS- To the extent practicable, the Secretary of State shall ensure that such libraries and resource centers schedule public showings of United States films that showcase United States culture, society, values, and history. CommentsClose CommentsPermalink
(c) Advisory Commission on Public Diplomacy- Not later than one year after the date of the enactment of this section, the Advisory Commission on Public Diplomacy (authorized under section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (
(d) Authorization of Appropriations- From amounts authorized to be appropriated for Diplomatic and Consular Programs pursuant to section 101(1)(A), there is authorized to be appropriated to the Secretary of State such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this section. CommentsClose CommentsPermalink
SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY EXCHANGE PROGRAMS.
(a) Findings- Congress finds the following: CommentsClose CommentsPermalink
(1) Since September 11, 2001, a distorted perception of the United States has grown abroad, even as many Americans struggle to understand the increasingly complex world beyond the borders of the United States. CommentsClose CommentsPermalink
(2) This public diplomacy crisis poses an ongoing threat to United States security, diplomatic relations, commerce, and citizen-to-citizen relationships between the United States and other countries. CommentsClose CommentsPermalink
(3) Independently produced documentary films have proven to be an effective means of communicating United States ideas and values to populations of other countries. CommentsClose CommentsPermalink
(4) It is in the interest of the United States to provide assistance to United States nongovernmental organizations that produce and distribute independently produced documentary films. CommentsClose CommentsPermalink
(b) Assistance- The Secretary of State is authorized to make grants, on such terms and conditions as the Secretary may determine, to United States nongovernmental organizations that use independently produced documentary films to promote better understanding of the United States abroad and better understanding of global perspectives and other countries in the United States. CommentsClose CommentsPermalink
(c) Activities Supported- Grants provided under subsection (b) shall, to the maximum extent practicable, be used to carry out the following activities: CommentsClose CommentsPermalink
(1) Fund, distribute, and promote documentary films that convey a diversity of views about life in the United States to foreign audiences and bring insightful foreign perspectives to United States audiences. CommentsClose CommentsPermalink
(2) Support documentaries described in paragraph (1) that are made by independent foreign and domestic producers, selected through a peer review process. CommentsClose CommentsPermalink
(3) Develop a network of overseas partners to produce, distribute, and broadcast such documentaries. CommentsClose CommentsPermalink
(d) Special Factors- In making the grants described in subsection (b), the Secretary shall give preference to nongovernmental organizations that-- CommentsClose CommentsPermalink
(1) provide at least 35 percent of the total project cost in matching funds from non-Federal sources; and CommentsClose CommentsPermalink
(2) have prior experience supporting independently produced documentary films that have been broadcast on public television in the United States. CommentsClose CommentsPermalink
(e) Report- Not later than two years after the date of the enactment of this Act, the Secretary shall submit to Congress a report that contains a detailed description of the implementation of this section for the prior year. CommentsClose CommentsPermalink
(f) Authorization of Appropriations- Of the amounts authorized to be appropriated for Educational and Cultural Exchange Programs pursuant to section 101(4), there is authorized to be appropriated to the Secretary of State $5,000,000 for each of fiscal years 2010 and 2011 to carry out this section. CommentsClose CommentsPermalink
SEC. 216. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a) Reauthorization of United States Advisory Commission on Public Diplomacy- Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (
(b) Study and Report- Section 604(c)(2) of the United States Information and Educational Exchange Act of 1948 (
‘(2)(A) Not less often than once every two years, the Commission shall undertake an in-depth review of United States public diplomacy programs, policies, and activities. Each study shall assess the effectiveness of the various mechanisms of United States public diplomacy in light of several factors, including public and media attitudes around the world toward the United States, United States citizens, and United States foreign policy, and make appropriate recommendations. CommentsClose CommentsPermalink
‘(B) The Commission shall submit to the Secretary and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a comprehensive report of each study required under subparagraph (A). At the discretion of the Commission, any report under this subsection may be submitted in classified form or with a classified appendix. CommentsClose CommentsPermalink
‘(C) Upon request of the Commission, the Secretary, the Chair of the Broadcasting Board of Governors, and the head of any other Federal agency that conducts public diplomacy or strategic communications activities shall provide to the Commission information to assist the Commission in carrying out its responsibilities under this paragraph.’. CommentsClose CommentsPermalink
(c) Enhancing the Expertise of the United States Advisory Commission on Public Diplomacy- CommentsClose CommentsPermalink
(1) QUALIFICATIONS OF MEMBERS- Section 604(a)(2) of the United States Information and Educational Exchange Act of 1948 (
(2) APPLICATION OF AMENDMENT- The amendment made by paragraph (1) shall not apply to individuals who are members of the United States Advisory Commission on Public Diplomacy on the date of the enactment of this Act. CommentsClose CommentsPermalink
SEC. 217. SPECIAL OLYMPICS.
(a) Findings- Congress finds the following: CommentsClose CommentsPermalink
(1) Special Olympics International has been recognized for more than four decades as the world leader in providing life-changing sports training and competition experiences for persons with intellectual disabilities at all levels of severity. CommentsClose CommentsPermalink
(2) While Special Olympics sports programming is widely respected around the world, less well-known are a number of supporting initiatives targeted to changing attitudes toward people with intellectual disabilities, developing leaders among the intellectual disability population, supporting families of people with these disabilities, improving access to health services, and enhancing government policies and programs for people with intellectual disabilities. CommentsClose CommentsPermalink
(3) Special Olympics has documented the challenge of ignorance and poor attitudes toward intellectual disability worldwide and its capacity to change discriminatory attitudes to understanding, acceptance, and advocacy for people with intellectual disabilities. It does so through an array of educational and attitude change activities that affect multiple levels of society. These activities have received financial support from the Bureau of Educational and Cultural Affairs (ECA) of the Department of State, among other sources. CommentsClose CommentsPermalink
(b) Administration of Program- Section 3(b) of the Special Olympics Sport and Empowerment Act of 2004 (
SEC. 218. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
Section 7113 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(1) in subsection (g)-- CommentsClose CommentsPermalink
(A) by striking ‘Committee on International Relations’ and inserting ‘Committee on Foreign Affairs’; and CommentsClose CommentsPermalink
(B) by striking ‘April 15, 2006, and April 15, 2008’ and inserting ‘June 15, 2010, and June 15, 2011’; and CommentsClose CommentsPermalink
(2) in subsection (h), by striking ‘2007 and 2008’ and inserting ‘2010 and 2011’. CommentsClose CommentsPermalink
SEC. 219. CENTRAL ASIA SCHOLARSHIP PROGRAM FOR PUBLIC POLICY INTERNSHIPS.
(a) Pilot Program Established- As part of the educational and cultural exchange programs of the Department of State, the Secretary of State shall establish a pilot program for fiscal years 2010 and 2011 to award scholarships to undergraduate and graduate students from Central Asia for public policy internships in the United States. Subject to the availability of appropriations, for each fiscal year not more than 50 students may participate in the program established under this section. CommentsClose CommentsPermalink
(b) General Provisions- CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this section, the program established pursuant to subsection (a) shall be carried out under applicable provisions of the United States Information and Educational Exchange Act of 1948 (
(2) SCHOLARSHIP ELIGIBILITY REQUIREMENTS- In addition to such other requirements as may be established by the Secretary of State, a scholarship recipient under this section-- CommentsClose CommentsPermalink
(A) shall be proficient in the English language; CommentsClose CommentsPermalink
(B) shall be a student at an undergraduate or graduate school level at an accredited institution of higher education with a record of outstanding academic achievement and demonstrated intellectual abilities; CommentsClose CommentsPermalink
(C) may not have received an academic scholarship or grant from the United States Government in the three years preceding the award of a scholarship under this section; and CommentsClose CommentsPermalink
(D) may not be or have been a member of a foreign terrorist organization (as designated by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (
(3) INTERNSHIPS- Internships under this section shall be for periods of not more than six months. CommentsClose CommentsPermalink
(4) PRIORITY CONSIDERATION- In the award of internships under this section, the Secretary of State shall give priority consideration to students who are underprivileged or members of ethnic, religious, or cultural minorities. CommentsClose CommentsPermalink
(5) CENTRAL ASIA DEFINED- For the purposes of this section, the term ‘Central Asia’ means the countries of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan. CommentsClose CommentsPermalink
(c) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 101(4), there is authorized to be appropriated $600,000 for each of fiscal years 2010 and 2011 to carry out this section. CommentsClose CommentsPermalink
SEC. 220. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP PROGRAM.
(a) Findings- Congress finds the following: CommentsClose CommentsPermalink
(1) The United States-South Pacific Scholarship Program (USSP), authorized by Congress and funded by the Bureau of Educational and Cultural Affairs of the Department of State, is a competitive, merit-based scholarship program that ensures that Pacific Islanders have an opportunity to pursue higher education in the United States and to obtain first-hand knowledge of United States institutions. CommentsClose CommentsPermalink
(2) It is expected that these students will one day assume leadership roles in their countries. CommentsClose CommentsPermalink
(3) As the Chairman of the Subcommittee on Territories and Insular Affairs, the late Congressman Phillip Burton was a voice for Pacific Island populations. CommentsClose CommentsPermalink
(4) He was also a voice for workers, the poor, and the elderly. CommentsClose CommentsPermalink
(5) Congressman Burton was one of the most brilliant and productive legislators in United States politics. CommentsClose CommentsPermalink
(6) He served in Congress from 1964 to 1983. CommentsClose CommentsPermalink
(7) He worked every day of his life to ensure social justice and human dignity for all people. CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that-- CommentsClose CommentsPermalink
(1) so that future generations will know his name and remember his service, it is fitting that the leadership and vision of Phillip Burton, especially as the Chairman of the Subcommittee on Territories and Insular Affairs, which indirectly impacted United States foreign policy in the South Pacific region, should be honored; and CommentsClose CommentsPermalink
(2) the United States-South Pacific Scholarship Program should be renamed the Phillip Burton Scholarship Program for South Pacific Island Students. CommentsClose CommentsPermalink
(c) Funding- CommentsClose CommentsPermalink
(1) IN GENERAL- Of the amounts authorized to be appropriated pursuant to section 101(4), $750,000 is authorized to be appropriated for each of fiscal years 2010 and 2011 to be made available for the United States-South Pacific Scholarship Program. CommentsClose CommentsPermalink
(2) NAME- Scholarships awarded under the Program shall be referred to as ‘Burton Scholarships’ and recipients of such scholarships shall be referred to as ‘Burton Scholars’. CommentsClose CommentsPermalink
SEC. 221. SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF MEXICO AND CENTRAL AND SOUTH AMERICA.
Of the amounts authorized to be appropriated pursuant to section 101(4), $400,000 for each of fiscal years 2010 and 2011 is authorized to be appropriated for scholarships for secondary and post-secondary education in the United States for students from Mexico and the countries of Central and South America who are from the indigenous peoples of the region. CommentsClose CommentsPermalink
SEC. 222. UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM.
(a) Definitions- In this section: CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means-- CommentsClose CommentsPermalink
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and CommentsClose CommentsPermalink
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate. CommentsClose CommentsPermalink
(2) CARICOM COUNTRY- The term ‘CARICOM country’-- CommentsClose CommentsPermalink
(A) means a member country of the Caribbean Community (CARICOM); but CommentsClose CommentsPermalink
(B) does not include-- CommentsClose CommentsPermalink
(i) a country having observer status in CARICOM; or CommentsClose CommentsPermalink
(ii) a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism. CommentsClose CommentsPermalink
(3) SECRETARY- Except as otherwise provided, the term ‘Secretary’ means the Secretary of State. CommentsClose CommentsPermalink
(4) UNITED STATES COOPERATING AGENCY- The term ‘United States cooperating agency’ means-- CommentsClose CommentsPermalink
(A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (
(B) a higher education association; CommentsClose CommentsPermalink
(C) a nongovernmental organization incorporated in the United States; or CommentsClose CommentsPermalink
(D) a consortium consisting of two or more such institutions, associations, or nongovernmental organizations. CommentsClose CommentsPermalink
(b) Program Authorized- The Secretary of State is authorized to establish an educational exchange program between the United States and CARICOM countries, to be known as the ‘Shirley A. Chisholm United States-Caribbean Educational Exchange Program’, under which-- CommentsClose CommentsPermalink
(1) secondary school students from CARICOM countries will-- CommentsClose CommentsPermalink
(A) attend a public or private secondary school in the United States; and CommentsClose CommentsPermalink
(B) participate in activities designed to promote a greater understanding of the values and culture of the United States; and CommentsClose CommentsPermalink
(2) undergraduate students, graduate students, post-graduate students, and scholars from CARICOM countries will-- CommentsClose CommentsPermalink
(A) attend a public or private college or university, including a community college, in the United States; and CommentsClose CommentsPermalink
(B) participate in activities designed to promote a greater understanding of the values and culture of the United States. CommentsClose CommentsPermalink
(c) Elements of Program- The program authorized under subsection (b) shall meet the following requirements: CommentsClose CommentsPermalink
(1) The program will offer scholarships to students and scholars based on merit and need. It is the sense of Congress that scholarships should be offered to students and scholars who evidence merit, achievement, and strong potential for the studies such students and scholars wish to undertake under the program and 60 percent of scholarships offered under the program should be based on financial need. CommentsClose CommentsPermalink
(2) The program will seek to achieve gender equality in granting scholarships under the program. CommentsClose CommentsPermalink
(3) Fields of study under the program will support the labor market and development needs of CARICOM countries, assuring a pool of technical experts to address such needs. CommentsClose CommentsPermalink
(4) The program will limit participation to-- CommentsClose CommentsPermalink
(A) one year of study for secondary school students; CommentsClose CommentsPermalink
(B) two years of study for undergraduate students; and CommentsClose CommentsPermalink
(C) 12 months of study for graduate students, post-graduate students, and scholars. CommentsClose CommentsPermalink
(5) For a period of time equal to the period of time of participation in the program, but not to exceed two years, the program will require participants who are students and scholars described in subsection (a)(2) to-- CommentsClose CommentsPermalink
(A) agree to return to live in a CARICOM country and maintain residence in such country, within six months of completion of academic studies; or CommentsClose CommentsPermalink
(B) agree to obtain employment that directly benefits the growth, progress, and development of one or more CARICOM countries and the people of such countries. CommentsClose CommentsPermalink
(6) The Secretary may waive, shorten the duration, or otherwise alter the requirements of paragraph (4) in limited circumstances of hardship, humanitarian needs, for specific educational purposes, or in furtherance of the national interests of the United States. CommentsClose CommentsPermalink
(d) Role of United States Cooperating Agencies- The Secretary shall consult with United States cooperating agencies in developing the program authorized under subsection (b). The Secretary is authorized to provide grants to United States cooperating agencies in carrying out the program authorized under subsection (b). CommentsClose CommentsPermalink
(e) Monitoring and Evaluation of Program- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (b). In so doing, the Secretary shall, among other things, evaluate the program’s positive or negative effects on ‘brain drain’ from the participating CARICOM countries and suggest ways in which the program may be improved to promote the basic goal of alleviating brain drain from the participating CARICOM countries. CommentsClose CommentsPermalink
(2) REQUIREMENTS- In carrying out paragraph (1), the Secretary shall review on a regular basis-- CommentsClose CommentsPermalink
(A) financial information relating to the program; CommentsClose CommentsPermalink
(B) budget plans for the program; CommentsClose CommentsPermalink
(C) adjustments to plans established for the program; CommentsClose CommentsPermalink
(D) graduation rates of participants in the program; CommentsClose CommentsPermalink
(E) the percentage of participants who are students described in subsection (b)(1) who pursue higher education; CommentsClose CommentsPermalink
(F) the percentage of participants who return to their home country or another CARICOM country; CommentsClose CommentsPermalink
(G) the types of careers pursued by participants in the program and the extent to which such careers are linked to the political, economic, and social development needs of CARICOM countries; and CommentsClose CommentsPermalink
(H) the impact of gender, country of origin, financial need of students, and other relevant factors on the data collected under subparagraphs (D) through (G). CommentsClose CommentsPermalink
(f) Reporting Requirements- CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than 120 days after the date of the enactment of this section, the Secretary of State shall submit to the appropriate congressional committees a report on plans to implement the program authorized under this section. CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- The report required by paragraph (1) shall include-- CommentsClose CommentsPermalink
(A) a plan for selecting participants in the program, including an estimate of the number of secondary school students, undergraduate students, graduate students, post-graduate students, and scholars from each country, by educational level, who will be selected as participants in the program for each fiscal year; CommentsClose CommentsPermalink
(B) a timeline for selecting United States cooperating agencies that will assist in implementing the program; CommentsClose CommentsPermalink
(C) a financial plan that-- CommentsClose CommentsPermalink
(i) identifies budget plans for each educational level under the program; and CommentsClose CommentsPermalink
(ii) identifies plans or systems to ensure that the costs to public school, college, and university education under the program and the costs to private school, college, and university education under the program are reasonably allocated; and CommentsClose CommentsPermalink
(D) a plan to provide outreach to and linkages with schools, colleges and universities, and nongovernmental organizations in both the United States and CARICOM countries for implementation of the program. CommentsClose CommentsPermalink
(3) UPDATES OF REPORT- CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall submit to the appropriate congressional committees updates of the report required by paragraph (1) for each fiscal year for which amounts are appropriated pursuant to the authorization of appropriations under subsection (g). CommentsClose CommentsPermalink
(B) MATTERS TO BE INCLUDED- Such updates shall include the following: CommentsClose CommentsPermalink
(i) Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under this section. CommentsClose CommentsPermalink
(ii) An analysis of the positive and negative impacts the program authorized under this section will have or is having on ‘brain drain’ from the participating CARICOM countries. CommentsClose CommentsPermalink
(g) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 101(4), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this section. CommentsClose CommentsPermalink
SEC. 223. EXCHANGES BETWEEN SRI LANKA AND THE UNITED STATES TO PROMOTE DIALOGUE AMONG MINORITY GROUPS IN SRI LANKA.
(a) Purpose- It is the purpose of this section to provide financial assistance to-- CommentsClose CommentsPermalink
(1) establish an exchange program for Sri Lankan students currently pursuing a high school degree to participate in dialogue and understanding workshops in the United States; CommentsClose CommentsPermalink
(2) expand Sri Lankan participation in exchange programs of the Department of State; and CommentsClose CommentsPermalink
(3) promote dialogue between young adults from various ethnic, religious, linguistic, and other minority groups in Sri Lanka. CommentsClose CommentsPermalink
(b) Program- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State shall establish an exchange program to provide scholarships to fund exchanges to enable Sri Lankan high school students from various ethnic, religious, linguistic, and other minority groups to participate in post-conflict resolution, understanding, and dialogue promotion workshops. CommentsClose CommentsPermalink
(2) DIALOGUE WORKSHOPS- The exchange program established under paragraph (1) shall include a dialogue workshop located in the United States for participants in such program. CommentsClose CommentsPermalink
(c) Definition- For purposes of this section, the term ‘scholarship’ means an amount to be used for full or partial support of living expenses in the United States for a participant in the exchange program established under subsection (b), including travel expenses to, from, and within the United States. CommentsClose CommentsPermalink
SEC. 224. EXCHANGES BETWEEN LIBERIA AND THE UNITED STATES FOR WOMEN LEGISLATORS.
(a) Purpose- It is the purpose of this section to provide financial assistance to-- CommentsClose CommentsPermalink
(1) establish an exchange program for Liberian women legislators and women staff members of the Liberian Congress; CommentsClose CommentsPermalink
(2) expand Liberian participation in exchange programs of the Department of State; and CommentsClose CommentsPermalink
(3) promote the advancement of women in the field of politics, with the aim of eventually reducing the rates of domestic abuse, illiteracy, and sexism in Liberia. CommentsClose CommentsPermalink
(b) Program- The Secretary of State shall establish an exchange program in cooperation with the Women’s Legislative Caucus in Liberia to provide scholarships to fund exchanges to enable Liberian women legislators and exceptional women Liberian Congressional staffers to encourage more women to participate in, and continue to be active in, politics and the democratic process in Liberia. CommentsClose CommentsPermalink
(c) Scholarship Defined- In this section, the term ‘scholarship’ means an amount to be used for full or partial support of living expenses in the United States for a participant in the exchange program established under subsection (b), including travel expenses to, from, and within the United States. CommentsClose CommentsPermalink
SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI.
The Secretary of State shall develop a public diplomacy plan to be implemented in the event that Temporary Protected Status (TPS) is extended to Haitian nationals in the United States to effectively inform Haitians living in Haiti that-- CommentsClose CommentsPermalink
(1) TPS only permits people already in the United States as of a specifically designated date to remain in the United States; CommentsClose CommentsPermalink
(2) there are extraordinary dangers of travel by sea to the United States in unsafe, overcrowded vessels; CommentsClose CommentsPermalink
(3) any Haitian interdicted at sea traveling to the United States will be repatriated to Haiti; and CommentsClose CommentsPermalink
(4) the United States will continue its large assistance program to help the people of Haiti recover from recent hurricanes, restore stability, and promote economic growth. CommentsClose CommentsPermalink
SEC. 226. TRANSFER OF THE VIETNAM EDUCATION FOUNDATION TO THE DEPARTMENT OF STATE.
(a) In General- Section 204Purposes- Section 202 of the Vietnam Education Foundation Act of 2000 (
‘(3) To support the development of one or more academic institutions in Vietnam by financing the participation of United States institutions of higher education in the governance, management, and academic activities of such academic institutions in Vietnam.’. CommentsClose CommentsPermalink
(b) Establishment- Section 204 of such Act is amended to read as follows: CommentsClose CommentsPermalink
‘SEC. 204. ESTABLISHMENT.
‘There is established, within the Bureau of Educational and Cultural Affairs of the Department of State, the Vietnam Education Foundation (referred to in this title as the ‘Foundation’).’. CommentsClose CommentsPermalink
(bc) Replacement of Board of Directors With Advisory Committee- Section 205 of such Act is amended to read as follows: CommentsClose CommentsPermalink
‘SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.
‘(a) Establishment- CommentsClose CommentsPermalink
‘(1) IN GENERAL- There is established a Vietnam may be established a Vietnam Education Foundation Advisory Committee (referred to in this section as the ‘Advisory Committee’), which shall provide advice to the Secretary and the Assistant Secretary for Educational and Cultural Affairs regarding the Foundation’s activities. CommentsClose CommentsPermalink
‘(2) MEMBERSHIP- The Advisory Committee shall be composed of seven members, of whom-- CommentsClose CommentsPermalink
‘(A) three shall be appointed by the Secretary; CommentsClose CommentsPermalink
‘(B) one shall be appointed by the majority leader of the Senate; CommentsClose CommentsPermalink
‘(C) one shall be appointed by the minority leader of the Senate; CommentsClose CommentsPermalink
‘(D) one shall be appointed by the Speaker of the House of Representatives; and CommentsClose CommentsPermalink
‘(E) one shall be appointed by the minority leader of the House of Representatives. CommentsClose CommentsPermalink
‘(3) APPOINTMENT OF INCUMBENT MEMBERS OF BOARD OF DIRECTORS- Members appointed to the Advisory Committee under paragraph (2) may include individuals who were members of the Board of Directors of the Foundation on the date immediately preceding the date of the enactment of the Vietnam Education Foundation Amendments Act of 2008.‘(b) is section. CommentsClose CommentsPermalink
‘(b) Supervision- The Foundation shall be subject to the supervision and direction of the Secretary, working through the Assistant Secretary for Educational and Cultural Affairs, and in consultation with the Advisory Committee established under subsection (a).’. CommentsClose CommentsPermalink
(cd) Appointment of Executive Director- Subsection (a) of section 208 of such Act is amended, in the first sentence,-- CommentsClose CommentsPermalink
(1) in the first sentence by striking ‘shall be appointed’ and inserting ‘may be appointed’.(d; and CommentsClose CommentsPermalink
(2) by striking the last sentence. CommentsClose CommentsPermalink
(e) Service of Executive Director to Advisory Committee- Such subsection is further amended, in the second sentence, by striking ‘Foundation and shall carry out’ and inserting ‘Foundation, serve the Advisory Committee, and carry out’. CommentsClose CommentsPermalink
(ef) Fellowship Program- Section 206(a)(1)(A) of such Act is amended by striking ‘technology, and computer sciences’ and inserting ‘academic computer science, public policy, and academic and public management’. CommentsClose CommentsPermalink
(g) Conforming Amendments- Such Act is amended-- CommentsClose CommentsPermalink
(1) in section 203-- CommentsClose CommentsPermalink
(A) by striking paragraph (1); CommentsClose CommentsPermalink
(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; and CommentsClose CommentsPermalink
(C) by inserting after paragraph (2), as redesignated, the following: CommentsClose CommentsPermalink
‘(3) SECRETARY- The term ‘Secretary’ means the Secretary of State.’; CommentsClose CommentsPermalink
(2) in section 208-- CommentsClose CommentsPermalink
(A) in subsection (a)-- CommentsClose CommentsPermalink
(i) in the subsection heading, by striking ‘Board’ and inserting ‘Secretary’; and CommentsClose CommentsPermalink
(ii) by striking ‘Board’ each place it appears and inserting ‘Secretary’; and CommentsClose CommentsPermalink
(B) in subsection (d), by striking ‘Board’ and inserting ‘Secretary’; and CommentsClose CommentsPermalink
(3) in section 209(b), by striking ‘Board’ and inserting ‘Secretary’. CommentsClose CommentsPermalink
(fh) Mutual Educational and Cultural Exchange Act of 1961- Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (
) is amended-- CommentsClose CommentsPermalink 22 U.S.C. 2460(a)
(1) in paragraph (8), by striking ‘and’ at the end; CommentsClose CommentsPermalink
(2) in paragraph (9), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink
(3) by adding at the end the following: CommentsClose CommentsPermalink
‘(10) programs administered by the Vietnam Education Foundation.’. CommentsClose CommentsPermalink
(gi) Transfer of Functions- All functions and assets of the Vietnam Education Foundation are transferred to the Bureau of Educational and Cultural Affairs of the Department of State. The Assistant Secretary for Educational and Cultural Affairs may hire personnel who were employed by the Vietnam Education Foundation on the date before the date of the enactment of this Act, and such other personnel as may be necessary to support the Foundation, in accordance with part III of title 5, United States Code. CommentsClose CommentsPermalink
(hj) Support for Institutional Development in Vietnam- CommentsClose CommentsPermalink
(1) GRANTS AUTHORIZED- The Secretary of State, acting through the Assistant Secretary for Educational and Cultural Affairs, is authorized to award 1 or more grants to institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (
)), which shall be used to implement graduate-level academic management programs in Vietnam. Such programs shall--(A) respond to pressing needs of Vietnamese societyand public policy management leadership programs in Vietnam. Such programs shall-- CommentsClose CommentsPermalink 20 U.S.C. 1001(a)
(A) support Vietnam’s equitable and sustainable socioeconomic development; CommentsClose CommentsPermalink
(B) feature both teaching and research components; CommentsClose CommentsPermalink
(C) promote the development of institutional capacity in Vietnam; CommentsClose CommentsPermalink
(D) operate according to core principles of good governance; and CommentsClose CommentsPermalink
(E) enjoy legal autonomy from the Vietnamese government. CommentsClose CommentsPermalink
(2) APPLICATION- CommentsClose CommentsPermalink
(A) IN GENERAL- Each institution of higher education desiring the grant under this section shall submit an application to the Secretary of State at such time, in such manner, and accompanied by such information as the Secretary may reasonably require. CommentsClose CommentsPermalink
(B) COMPETITIVE BASIS- Each grant authorized under subsection (a) shall be awarded on a competitive basis. CommentsClose CommentsPermalink
(3) SOURCE OF GRANT FUNDS- The Secretary of State may use funds made available to the Vietnam Education Foundation under section 207(c) of the Vietnam Education Foundation Act of 2000 (
note) for the grant awarded under this section. CommentsClose CommentsPermalink 22 U.S.C. 2452 (ik) Effective Date- This Act and the amendments made by this Actsection and the amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this Actsection. CommentsClose CommentsPermalink
Subtitle C--Consular Services and Related Matters
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Subtitle C--Consular Services and Related Matters CommentsClose CommentsPermalink
SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT SURCHARGE.
Section 1 of the Passport Act of June 4, 1920 (
(1) striking subsection (b)(2); and CommentsClose CommentsPermalink
(2) redesignating subsection (b)(3) as subsection (b)(2). CommentsClose CommentsPermalink
SEC. 232. SENSE OF CONGRESS REGARDING ADDITIONAL CONSULAR SERVICES IN MOLDOVA.
It is the sense of Congress that in light of serious problems with human trafficking as well as the exceptionally high volume of applications by citizens of Moldova to the United States Summer Work Travel program, the Secretary of State should make every effort to enhance consular services at the United States embassy in Chisinau, Moldova, including considering assigning an additional consular officer to such post, and providing enhanced anti-trafficking training, especially related to student exchange visas and other vulnerable categories of visa applicants. CommentsClose CommentsPermalink
SEC. 233. REFORMING REFUGEE PROCESSING.
(a) Reform of the Worldwide Processing Priority System- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State shall revise the system for processing refugees for admission to the United States to prioritize particularly vulnerable refugees who are most urgently in need of resettlement.(2) EMBASSY AND NGOEMBASSY REFERRALS- The Secretary of State shall establish a training and implementation plan, includingxpand training of United States embassy and consular personnel, for ensuring that all to ensure that appropriate United States embassies and consulates are equipped and enabled to refer to the United States refugee admissions program aliens in urgent need of resettlement to the United States refugee admissions program. The Secretary. CommentsClose CommentsPermalink
(2) NGO REFERRALS- The Secretary shall also establish a system to provide ongoing regional support, training, and communication withexpand training of, and communication with, nongovernmental organizations that provide assistance to displaced and persecuted persons to enable such organizations to refer to the United States refugee admissions program aliens in urgent need of resettlement to the United States refugee admissions program.(3) OVERSEAS REFUGEE PROCESSING- On or before October 1, 2011, the Secretary of State shall ensure that any agreement, contract, or other arrangement with an organization to process refugee applicants overseas for admission to the United States shall be granted through a competitive process among nongovernmental organizations with experience in the processing or resettlement of refugees in the United States. The Secretary may waive such requirement if the Secretary determines that no qualifying organization is available, competent, and authorized to operate in the country at issue or that no such organization is willing or able to do so in a cost-effective manner. CommentsClose CommentsPermalink
(b) Reform of the Refugee Consultation Process- Section 207 of the Immigration and Nationality Act (
(1) in subsection (a)(2), by adding at the end the following new sentence: ‘In the event that a fiscal year begins without such determination having been made, there is authorized to be admitted in the first quarter of such fiscal year 25 percent of the number of refugees fixed by the President in the previous fiscal year’s determination, and any refugees admitted under this sentence shall be counted toward the President’s determination when it is made.’; and CommentsClose CommentsPermalink
(2) in subsection (e), in the matter preceding paragraph (1), by striking ‘discussions in person’ and inserting ‘discussions in person, to be commenced not later than June 1 of each year,’. CommentsClose CommentsPermalink
(c) Family Reunification- CommentsClose CommentsPermalink
(1) MULTIPLE FORMS OF RELIEF- Applicants for admission as refugees shall be permitted to simultaneously pursue admission under any other visa categories for which such applicants may be eligible. CommentsClose CommentsPermalink
(2) SEPARATED CHILDREN- In the case of a child who has beenunder the age of 18 who has been separated from the birth or adoptive parents of such child and who is living in a country of asylum under the care of an alien who has been approved for admission to the United States as a refugee, such child shall be, if it is in the best interest of the child, deemed an unaccompanied refugee minor eligible for admission to the United States and considered for placement with such alien in the United States. Upon the child’s admission to the United States, such admission shall be charged against the numerical limitation established in accordance with the appropriate sectionsuch child to be placed with such alien in the United States, admitted as a refugee provided such child is otherwise admissible as described in section 207(c)(3) of the Immigration and Nationality Act under which such alien’s admission is charged(
(3) CHILDREN OF REFUGEE SPOUSES- For the purposes of sections 207(c)(2)(A) and 208(b)(3) of the Immigration and Nationality Act (
(d) ERMA Account- Section 2 of the Migration and Refugee Assistance Act of 1962 (
(1) in subsection (c)-- CommentsClose CommentsPermalink
(A) in paragraph (1), by striking ‘President’ and inserting ‘Secretary of State’; and CommentsClose CommentsPermalink
(B) in paragraph (2), in the second sentence-- CommentsClose CommentsPermalink
(i) by striking ‘to the President’; and CommentsClose CommentsPermalink
(ii) by striking ‘$100,000,000’ and inserting ‘$200,000,000’; and CommentsClose CommentsPermalink
(2) in subsection (d), by striking ‘President’ and inserting ‘Secretary of State’. CommentsClose CommentsPermalink
(e) Authorization of Appropriations- CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated such sums as may be necessary to carry out this section, including the amendments made by this section. CommentsClose CommentsPermalink
(2) RULE OF CONSTRUCTION- Nothing in this section may be construed to reduce funds or services for other refugee assistance or resettlement. CommentsClose CommentsPermalink
(f) Effective Date- This section, and the amendments made by this section, shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this section. CommentsClose CommentsPermalink
SEC. 234. ENGLISH LANGUAGE AND CULTURAL AWARENESS TRAINING FOR APPROVED REFUGEE APPLICANTS.
(a) In General- The Secretary of State shall establish formal training programs in five overseas refugee processing regiontraining programs to provide English as a second language, cultural orientation, and work orientation training for refugees who have been approved for admission to the United States before their departure for the United States. CommentsClose CommentsPermalink
(b) Design and Implementation- In designing and implementing the pilot training programs referred to in subsection (a), the Secretary shall ensure that nongovernmentconsult with or utilize both-- CommentsClose CommentsPermalink
(1) nongovernmental or international organizations with direct ties to the United States refugee resettlement program are utilized in such training programs; and CommentsClose CommentsPermalink
(2) nongovernmental or international organizations with appropriate expertise in developing curriculum and teaching English as a second language. CommentsClose CommentsPermalink
(c) Impact on Processing Times- The Secretary shall ensure that such training programs occur within current processing times and do not unduly delay the departure for the United States of refugees who have been approved for admission to the United States. CommentsClose CommentsPermalink
(d) Timeline for Implementation and Report to Congress- CommentsClose CommentsPermalink
(1) TIMELINE FORINITIAL IMPLEMENTATION- Not later than one year after the date of the enactment of this Act, the Secretary shall ensure that such training programs are operating in at least one overseasthree refugee processing region, and not later than two years after the date of the enactment of this Act, such training programs are operating in each of thes. CommentsClose CommentsPermalink
(2) ADDITIONAL IMPLEMENTATION- Not later than two years after the date of the enactment of this Act, the Secretary shall notify the appropriate congressional committees that such training programs are operating in five overseas refugee processing regions. CommentsClose CommentsPermalink
(2) REPORT TO CONGRESS- Not later than 18 months after the date of the enactment of this Act, the Secretarye) GAO Report- Not later than two years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of this section, including an assessment of the quality of English as a second language curriculum and instruction, the benefits of the orientation and English as a second language training program to refugees, and recommendations on whether such programs should be continued, broadened, or modified, and shall submit to the appropriate congressional committees a report on the implementation of this section.(e)findings of such study. CommentsClose CommentsPermalink
(f) Rule of Construction- Nothing in this section shall be construed to require that a refugee participate in such a training program as a precondition for the admission to the United States of such refugee. CommentsClose CommentsPermalink
SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS.
(a) In General- The President shall develop and implement policies and strategies to address the protection, resettlement, and assistance needs of Iraqi refugees and internally displaced persons (IDPs), foster long-term solutions for stabilizing the lives of such refugees and IDPs, monitor the development and implementation of assistance strategies to countries in the Middle East that are hosting refugees from Iraq, encourage the Government of Iraq to actively engage the problem of displaced persons and refugees and monitor itthe Government of Iraq’s resolution of the problem, and ensure that budget requests to Congress are sufficient to meet an appropriate United States contribution to the needs of Iraqi refugees, IDPs within Iraq, and other refugees in Iraq. CommentsClose CommentsPermalink
(b) Interagency Process- CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall establish an interagency working group to carry out the goals of subsection (a) by facilitating interagency coordination to develop and implement policies to address the needs of Iraqi refugees and IDPs. CommentsClose CommentsPermalink
(2) COMPOSITION- The interagency working group shall consist of appropriate high-ranking officials from the National Security Council, the Department of State, the Department of Homeland Security, the United States Agency for International Development, and such other agencies as the President may determine. CommentsClose CommentsPermalink
(3) ROLE OF SECRETARY OF STATE- The Secretary of State shall serve as principal liaison with the Government of Iraq, its neighboring refugee hosting countries, and the international community to solicit and direct bilateral and multilateral contributions to address the needs of Iraqi refugees, IDPs, and returned refugees as well as with nongovernmental organizations working for and on behalf of displaced Iraqis. CommentsClose CommentsPermalink
(c) Increase in Refugee Processing Capacity- The Secretary of State should, subject to the availability of appropriations for such purpose, seek to substantially increase in fiscal year 2010 the resources available to support the processing of such applicants in Iraq. CommentsClose CommentsPermalink
(d) Humanitarian Assistance- The United States should seek to ensure that-- CommentsClose CommentsPermalink
(1) other countries make contributions to the United Nations High Commissioner on Refugees (UNHCR) and to other international organizations assisting Iraqi refugees and IDPs; CommentsClose CommentsPermalink
(2) the United States continues to make contributions that are sufficient to fund not less than 50 percent of the amount requested by the UNHCR and such other international organizations in each of fiscal years 2010 and 2011; and CommentsClose CommentsPermalink
(3) the Government of Iraq makes significant contributions to UNHCR and to other international organizations assisting Iraqi refugees and IDPs. CommentsClose CommentsPermalink
(e) Statement of Policy Regarding Encouraging Voluntary Returns- It shall be the policy of the United States to encourage Iraqi refugees to return to Iraq only when conditions permit safe, sustainable returns on a voluntary basis with the coordination of the UNHCR and the Government of Iraq. CommentsClose CommentsPermalink
(f) International Cooperation- The Secretary of State shall work with the international community, including governments hosting the refugees, international organizations, nongovernmental organizations, and donors, to develop a long-term, comprehensive international strategy for assistance and solutions for Iraqi refugees and IDPs, and to provide-- CommentsClose CommentsPermalink
(1) a comprehensive assessment of the needs of Iraqi refugees and IDPs, and the needs of the populations that host such refugees and IDPs; CommentsClose CommentsPermalink
(2) assistance to international organizations assisting IDPs and vulnerable persons in Iraq and Iraqi refugees in neighboring countries, including through resettlement; CommentsClose CommentsPermalink
(3) assistance to international organizations and other relevant entities, including such organizations and entities providing psychosocial services and cash assistance, and such organizations and entities facilitating voluntary returns of displaced persons; CommentsClose CommentsPermalink
(4) technical assistance to the Government of Iraq to establish better systems for meeting the needs of Iraqi IDPs and refugees, and to other government entities, international organizations, or nongovernmental organizations developing legal frameworks and systems to resolve land and housing claim disputes, including restitution; CommentsClose CommentsPermalink
(5) enhanced residency protections and opportunities for Iraqi refugees to work legally; and CommentsClose CommentsPermalink
(6) increased transparency on behalf of host governments, international organizations, and nongovernmental organizations that receive assistance for Iraqi refugees and IDPs. CommentsClose CommentsPermalink
(g) Enhanced Accounting- To better assess the benefits of United States assistance to Iraqi refugees and IDPs, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, as appropriate, shall-- CommentsClose CommentsPermalink
(1) develop performance measures to fully assess and report progress in achieving United States goals and objectives for Iraqi refugees and IDPs; and CommentsClose CommentsPermalink
(2) track and report funding apportioned, obligated, and expended for Iraqi refugee programs in Jordan, Syria, Lebanon, and the other host countries, to the extent practicable. CommentsClose CommentsPermalink
(h) Report to Congress- Not later than 90 days after the date of the enactment of this Act and annually thereafter through 2011, the President shall transmit to the appropriate congressional committees a report on the implementation of this section. Such report shall include-- CommentsClose CommentsPermalink
(1) information concerning assistance and funding to host countries and international organizations and nongovernmental organizations; CommentsClose CommentsPermalink
(2) information concerning measures taken by the United States to increase its capabilities to process Iraqi refugees for resettlement, especially from inside Iraq; CommentsClose CommentsPermalink
(3) an evaluation of the effectiveness of measures implemented by agencies of the Government of Iraq to assist Iraqi refugees, IDPs, and other vulnerable persons and to facilitate the safe and voluntary return of refugees; CommentsClose CommentsPermalink
(4) an accounting of past expenditures and a report on plans for expenditures by the Government of Iraq on Iraqi refugees and IDPs; and CommentsClose CommentsPermalink
(5) information gathered in fulfillment of subsection (g). CommentsClose CommentsPermalink
(i) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 104, there is authorized to be appropriated such sums as may be necessary to carry out this section. CommentsClose CommentsPermalink
SEC. 236. VIDEOCONFERENCE INTERVIEWS.
(a) Pilot Program- The Secretary of State shallmay develop and conduct a two-year pilot program for the processing of tourist visas which shall include the use ofusing secure remote videoconferencing technology as a method for conducting visa interviews of applicants. CommentsClose CommentsPermalink
(b) Report- Not later than one year after initiating the pilot program under subsection (a) and again not later than three months after the conclusion of the two-year period referred to in such subsection, the Secretary of State shall submit to the appropriate congressional committees a report on such pilot program. Each such report shall assess the efficacy of using secure remote videoconferencing technology as a method for conducting visa interviews of applicants and include recommendations on whether or not the pilot program should be continued, broadened, or modified. CommentsClose CommentsPermalink
SEC. 237. TIBET.
(a) Tibet Negotiations- Section 613(a) of the Tibetan Policy Act of 2002 (
(1) in paragraph (1), by inserting before the period at the end the following: ‘and should coordinate with other governments in multilateral efforts toward this goal’; CommentsClose CommentsPermalink
(2) by redesignating paragraph (2) as paragraph (3); and CommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following new paragraph: CommentsClose CommentsPermalink
‘(2) POLICY COORDINATION- The President shall direct the National Security Council to ensure that, in accordance with this Act, United States policy on Tibet is coordinated and communicated with all Executive Branch agencies in contact with the Government of China.’. CommentsClose CommentsPermalink
(b) Bilateral Assistance- Section 616 of the Tibetan Policy Act of 2002 is amended-- CommentsClose CommentsPermalink
(1) by redesignating subsection (d) as subsection (e); and CommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following new subsection: CommentsClose CommentsPermalink
‘(d) United State Assistance- The President shall provide grants to nongovernmental organizations to support sustainable economic development, cultural and historical preservation, health care, education, and environmental sustainability projects for Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China, in accordance with the principles specified in subsection (e) and subject to the review and subject to the review andapproval of the Special Coordinator for Tibetan Issues under section 621(d).’. CommentsClose CommentsPermalink
(c) Special Coordinator for Tibetan Issues- Section 621 of the Tibetan Policy Act of 2002 is amended-- CommentsClose CommentsPermalink
(1) in subsection (d)-- CommentsClose CommentsPermalink
(A) in paragraph (5), by striking ‘and’ at the end; CommentsClose CommentsPermalink
(B) by redesignating paragraph (6) as paragraph (7); and CommentsClose CommentsPermalink
(C) by inserting after paragraph (5) the following new paragraph: CommentsClose CommentsPermalink
‘(6) review and approve all projects carried out pursuant to section 616(d);’. and’; and CommentsClose CommentsPermalink
(2) by adding at the end the following new subsection: CommentsClose CommentsPermalink
‘(e) Personnel- The Secretary shall assign dedicated personnel to the Office of the Special Coordinator for Tibetan Issues sufficient to assist in the management of the responsibilities of this section and section 616(d)(2).’. CommentsClose CommentsPermalink
(d) Diplomatic Representation Relating to Tibet- CommentsClose CommentsPermalink
(1) UNITED STATES EMBASSY IN BEIJING- CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary of State is authorized to establish a Tibet Section within the United States Embassy in Beijing, People’s Republic of China, for the purposes of following political, economic, and social developments inside Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces, until such time as a United States consulate in Tibet is established. Such Tibet Section shall have the primary responsibility for reporting on human rights issues in Tibet and shall work in close cooperation with the Office of the Special Coordinator for Tibetan Issues. The chief of such Tibet Section should be of senior rank. CommentsClose CommentsPermalink
(B) AUTHORIZATION OF APPROPRIATIONS- Of the amounts authorized to be appropriated under section 101(a), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this paragraph. CommentsClose CommentsPermalink
(2) IN TIBET- Section 618 of the Tibetan Policy Act of 2002 is amended to read as follows: CommentsClose CommentsPermalink
‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CONSULATE IN LHASA, TIBET.
‘The Secretary shall seek to establish a United States consulate in Lhasa, Tibet, to provide services to United States citizens traveling to Tibet and to monitor political, economic, and cultural developments in Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces.’. CommentsClose CommentsPermalink
(e) Religious Persecution in Tibet- Section 620(b) of the Tibetan Policy Act of 2002 is amended by adding before the period at the end the following: ‘, including the reincarnation system of Tibetan Buddhism’. CommentsClose CommentsPermalink
SEC. 238. PROCESSING OF CERTAIN VISA APPLICATIONS.
(a) Policy- It shall be the policy of the Department of State to process immigrant visa applications of immediate relatives of United States citizens and nonimmigrant k-1 visa applications of fiances of United States citizens within 30 days of the receipt of all necessary documents from the applicant and the Department of Homeland Security. In the case of a visa application where the sponsor of such applicant is a relative other than an immediate relative, it should be the policy of the Department of State to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Department of Homeland Security. CommentsClose CommentsPermalink
(b) Review by Head of Consular Section- For any visa application described in subsection (a), it shall be the policy of the Department of State to require the head of the consular section (or designee) of any United States diplomatic or consular post to review any such application that exceeds the applicable time period specified in such subsection by more than five days, and, as appropriate, provide for expedited processing of such application. CommentsClose CommentsPermalink
Subtitle D--Strengthening Arms Control and Nonproliferation Activities at the Department of State
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Subtitle D--Strengthening Arms Control and Nonproliferation Activities at the Department of State CommentsClose CommentsPermalink
SEC. 241. FINDINGS AND SENSE OF CONGRESS ON THE NEED TO STRENGTHEN UNITED STATES ARMS CONTROL AND NONPROLIFERATION CAPABILITIES.
(a) Findings- Congress finds the following: CommentsClose CommentsPermalink
(1) International security relies upon collective security arrangements and alliances, as unilateral actions by one country, no matter how powerful, are insufficient to cope effectively with security threats. CommentsClose CommentsPermalink
(2) In the same manner, collective arrangements, conventions, and alliances devoted to halting the proliferation of weapons of mass destruction, their means of production and delivery, frequently institutionalized within multilateral treaties and conventions, are critical to effective collective global action. CommentsClose CommentsPermalink
(3) In order to safeguard and advance United States national security, the Department of State must have the structural and human resources necessary to lead and participate in all international negotiations, conventions, organizations, arrangements, and implementation fora in the field of nonproliferation and arms control. CommentsClose CommentsPermalink
(4) North Korea and Iran present fundamental challenges to the global nonproliferation regime, challenges that can only be met by active, committed, and long-term multilateral engagement, participation, and leadership by the United States. CommentsClose CommentsPermalink
(5) Further, the United States has outlined an ambitious agenda in arms control and nonproliferation for the coming years, including-- CommentsClose CommentsPermalink
(A) the conclusion of a strategic arms reduction treaty with Russia that preserves the benefits of the expiring START I treaty and makes further reductions in the total number of nuclear warheads in both countries, consistent with their national security needs; CommentsClose CommentsPermalink
(B) United States ratification of the Comprehensive Test Ban Treaty (CTBT), considered a foundational treaty by the global nonproliferation community for further advances toward greater stability and the reduction of role of nuclear weapons; CommentsClose CommentsPermalink
(C) the creation of a Fissile Material Cutoff Treaty (FMCT) to reduce the rate of production and ultimately halt the production of militarily-useful fissile material for nuclear weapons; CommentsClose CommentsPermalink
(D) the securing of vulnerable nuclear material worldwide that could be stolen and utilized by terrorist groups and rogue countries for nuclear and radiological weapons; CommentsClose CommentsPermalink
(E) the reinvigoration of the Treaty on the Nonproliferation of Nuclear Weapons (NPT), the cornerstone of the global nuclear nonproliferation regime, especially at the 2010 Review Conference; CommentsClose CommentsPermalink
(F) the expansion and greater development of the Proliferation Security Initiative (PSI) and the Global Initiative to Combat Nuclear Terrorism into durable international institutions; CommentsClose CommentsPermalink
(G) the disruption and prevention of nuclear black markets; CommentsClose CommentsPermalink
(H) the convening of a Global Summit on Nuclear Security; CommentsClose CommentsPermalink
(I) strengthening the infrastructure and technical and financial resources available to the International Atomic Energy Agency (IAEA) and its international nuclear safeguards system; and CommentsClose CommentsPermalink
(J) engaging multiple international conventions and negotiations on restriction on conventional arms of various types. CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that-- CommentsClose CommentsPermalink
(1) the Secretary of State should immediately develop a plan to strengthen the capabilities of the Department of State to lead and participate effectively in all international negotiations and implementation fora in the field of nonproliferation and arms control, especially to increase the human, organizational, and financial resources available to the Undersecretary of State for Arms Control and International Security; CommentsClose CommentsPermalink
(2) such plan should-- CommentsClose CommentsPermalink
(A) focus especially on the recruitment and professional development of civilian and Foreign Service officers in the areas of arms control and nonproliferation within the Department of State, especially to increase the number of personnel assigned to arms control and nonproliferation and enhance recruitment of technical specialists, as well as provide for the long-term sustainability of personnel and resources; and CommentsClose CommentsPermalink
(B) identify measures to make service in arms control and nonproliferation offices, bureaus, and in foreign postings an attractive path for further promotion within the Foreign Service; and CommentsClose CommentsPermalink
(3) the Secretary of State should regularly keep Congress informed as to the measures taken to strengthen the arms control and nonproliferation capabilities of the Department of State, including what additional legal authority or appropriations are required. CommentsClose CommentsPermalink
SEC. 242. AUTHORIZATION OF ADDITIONAL ARMS CONTROL AND NONPROLIFERATION POSITIONS.
Of the amounts authorized to be appropriated under section 101, $3,000,000 is authorized to be appropriated for an additional 25 positions at the Department of State for arms control and nonproliferation functions over the number of such positions in existence as of the date of the enactment of this Act. CommentsClose CommentsPermalink
SEC. 243. ADDITIONAL AUTHORITY OF THE SECRETARY OF STATE.
Section 401(d) of the Arms Control and Disarmament Act (
SEC. 244. ADDITIONAL FLEXIBILITY FOR RIGHTSIZING ARMS CONTROL AND NONPROLIFERATION FUNCTIONS.
(a) Repeal- Section 1112 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (
(b) Clerical Amendment- The table of contents in section 2(b) of such Act is amended by striking the item relating to section 1112. CommentsClose CommentsPermalink
SEC. 245. ARMS CONTROL AND NONPROLIFERATION ROTATION PROGRAM.
(a) Establishment- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State (in this section referred to as the ‘Secretary’), in consultation with the heads of other Federal departments and agencies that are involved in United States arms control and nonproliferation activities, shall establish the Arms Control and Nonproliferation Rotation Program (in this section referred to as the ‘Rotation Program’) for employees of the Department of State (in this section referred to as the ‘Department’) and such other Federal departments and agencies. The Rotation Program shall use applicable best practices, including those prescribed by the Chief Human Capital Officers Council. Employees of the Department and any other Federal department or agency participating in the Rotation Program may be detailed among the Department or such department or agency on a non-reimbursable basis. CommentsClose CommentsPermalink
(2) GOALS- The Rotation Program shall-- CommentsClose CommentsPermalink
(A) be established in accordance with the human capital strategic plan of the Department; CommentsClose CommentsPermalink
(B) provide midlevel Foreign Service officers and employees of the Department, and employees of other Federal departments and agencies concerned with arms control and nonproliferation responsibilities the opportunity to broaden their knowledge through exposure to other areas of the Department and such other Federal departments and agencies; CommentsClose CommentsPermalink
(C) expand the knowledge base of the Department by providing for rotational assignments of employees to such other Federal departments and agencies; CommentsClose CommentsPermalink
(D) build professional relationships and contacts among the employees in such other Federal departments and agencies; CommentsClose CommentsPermalink
(E) invigorate the Department’s arms control and nonproliferation workforce with professionally rewarding opportunities; and CommentsClose CommentsPermalink
(F) incorporate human capital strategic plans and activities of the Department, and address critical human capital deficiencies, professional development, recruitment and retention efforts, and succession planning within the Federal workforce of the Department. CommentsClose CommentsPermalink
(3) RESPONSIBILITIES- The Secretary shall-- CommentsClose CommentsPermalink
(A) provide oversight of the establishment and implementation of the Rotation Program; CommentsClose CommentsPermalink
(B) establish a framework that supports the goals of the Rotation Program and promotes cross disciplinary rotational opportunities; CommentsClose CommentsPermalink
(C) establish eligibility for employees of other Federal departments and agencies concerned with national security responsibilities to participate in the Rotation Program and select participants from such employees who apply; CommentsClose CommentsPermalink
(D) establish incentives for such employees to participate in the Rotation Program, including promotions and employment preferences; CommentsClose CommentsPermalink
(E) ensure that the Rotation Program provides professional education and training; CommentsClose CommentsPermalink
(F) ensure that the Rotation Program develops qualified employees and future leaders with broad based experience throughout the Department; and CommentsClose CommentsPermalink
(G) provide for greater interaction among employees in such Federal departments and agencies, including the Agency. CommentsClose CommentsPermalink
(4) ALLOWANCES, PRIVILEGES, AND BENEFITS- All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved. CommentsClose CommentsPermalink
(5) REPORTING- Not later than one year after the date of the establishment of the Rotation Program, the Secretary shall submit to the appropriate congressional committees a report on the status of the Rotation Program, including a description of the Rotation Program, the number of individuals participating, and how the Rotation Program is used in succession planning and leadership development. CommentsClose CommentsPermalink
SEC. 246. ARMS CONTROL AND NONPROLIFERATION SCHOLARSHIP PROGRAM.
(a) Establishment- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State (in this section referred to as the ‘Secretary’) shall establish a scholarship program (to be known as the ‘Arms Control and Nonproliferation Scholarship Program’) to award scholarships for the purpose of recruiting and preparing students for civilian careers in the fields of nonproliferation, arms control, and international security to meet the critical needs of the Department of State (in this section referred to as the ‘Department’). CommentsClose CommentsPermalink
(2) SELECTION OF RECIPIENTS- CommentsClose CommentsPermalink
(A) MERIT AND AGENCY NEEDS- Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit and the arms control and nonproliferation needs of the Department. CommentsClose CommentsPermalink
(B) DEMONSTRATED COMMITMENT- Individuals selected under this section shall have a demonstrated interest in public service and a commitment to the field of study for which the scholarship is awarded. CommentsClose CommentsPermalink
(3) CONTRACTUAL AGREEMENTS- In order to carry out the scholarship program, the Secretary shall enter into contractual agreements with individuals selected under paragraph (2) pursuant to which such individuals agree to serve as full-time employees of the Department, for a period to be determined by the Secretary, not to exceed six years, in arms control and nonproliferation positions needed by the Department and for which the individuals are qualified, in exchange for receiving a scholarship. CommentsClose CommentsPermalink
(b) Eligibility- Except as provided in subjection (f), in order to be eligible to participate in the scholarship program, an individual shall be enrolled or accepted for enrollment as a full-time student at an institution of higher education and be pursuing or intend to pursue undergraduate or graduate education in an academic field or discipline specified in the list made available under subsection (d) and be a United States citizen. CommentsClose CommentsPermalink
(c) Application- An individual seeking a scholarship under this section shall submit to the Secretary an application at such time, in such manner, and containing such information, agreements, or assurances as the Secretary may require. CommentsClose CommentsPermalink
(d) Programs and Fields of Study- The Secretary shall make publicly available a list of academic programs and fields of study for which scholarships under this section may be awarded. CommentsClose CommentsPermalink
(e) Scholarships- CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may award a scholarship under this section for an academic year if the individual applying for the scholarship has submitted to the Secretary, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study specified on the list made available under subsection (d). CommentsClose CommentsPermalink
(2) LIMITATION ON YEARS- An individual may not receive a scholarship under this section for more than four academic years, unless the Secretary grants a waiver. CommentsClose CommentsPermalink
(3) STUDENT RESPONSIBILITIES- Scholarship recipients shall maintain satisfactory academic progress. CommentsClose CommentsPermalink
(4) AMOUNT- The dollar amount of a scholarship awarded under this section for an academic year shall be determined under regulations issued by the Secretary, but shall in no case exceed the cost of tuition, fees, and other authorized expenses as determined by the Secretary. CommentsClose CommentsPermalink
(5) USE OF SCHOLARSHIPS- A scholarship awarded under this section may be expended for tuition, fees, and other authorized expenses as established by the Secretary by regulation. CommentsClose CommentsPermalink
(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION- The Secretary may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which such scholarship is awarded CommentsClose CommentsPermalink
(f) Special Consideration for Current Employees- Notwithstanding subsection (b), up to five percent of the scholarships awarded under this section may be set aside for individuals who are Federal employees on the date of the enactment of this Act to enhance the education of such employees in areas of critical arms control or nonproliferation needs of the Department, for undergraduate or graduate education under the scholarship on a full-time or part-time basis. CommentsClose CommentsPermalink
(g) Repayment- CommentsClose CommentsPermalink
(1) IN GENERAL- A scholarship recipient who fails to maintain a high level of academic standing, as defined by the Secretary who is dismissed for disciplinary reasons from the educational institution such recipient is attending, or who voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded shall be in breach of the contractual agreement under subsection (a)(3) and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within one year after the date of such default of all scholarship funds paid to such recipient and to the institution of higher education on the behalf of such recipient under such agreement. The repayment period may be extended by the Secretary if the Secretary determines such to be necessary, as established by regulation. CommentsClose CommentsPermalink
(2) LIABILITY- A scholarship recipient who, for any reason, fails to begin or complete the service obligation under the contractual agreement under subsection (a)(3) after completion of academic training, or fails to comply with the terms and conditions of deferment established by the Secretary under paragraph (1), shall be in breach of such contractual agreement and shall be liable to the United States for an amount equal to-- CommentsClose CommentsPermalink
(A) the total amount of the scholarship received by such recipient under this section; and CommentsClose CommentsPermalink
(B) the interest on such amounts which would be payable if at the time the scholarship was received such scholarship was a loan bearing interest at the maximum legally prevailing rate. CommentsClose CommentsPermalink
(h) Regulations- The Secretary shall prescribe regulations necessary to carry out this section. CommentsClose CommentsPermalink
(i) Institution of Higher Education Defined- In this section, the term ‘institution of higher education’ has the meaning given such term under section 101 of the Higher Education Act of 1965 (
(j) Authorization of Appropriations- Of the amounts authorized to be appropriated under section 101, such sums as may be necessary are authorized to be appropriated to carry out this section. CommentsClose CommentsPermalink
SEC. 247. SCIENTIFIC ADVISORY COMMITTEE.
(a) Establishment- CommentsClose CommentsPermalink
(1) IN GENERAL- The President may establish a Scientific Advisory Committee (in this section referred to as the ‘Committee’) of not to exceed ten members, not fewer than eight of whom shall be scientists. CommentsClose CommentsPermalink
(2) APPOINTMENT- If the Committee is established in accordance with paragraph (1), the members of the Committee shall be appointed by the President, as follows: CommentsClose CommentsPermalink
(A) One member, who shall be a person of special scientific distinction, shall be appointed by the President, by and with the advice and consent of the Senate, as Chairman of the Committee. CommentsClose CommentsPermalink
(B) Nine other members shall be appointed by the President. CommentsClose CommentsPermalink
(3) MEETINGS- If the Committee is established in accordance with paragraph (1), the Committee shall meet not less often than twice per year. CommentsClose CommentsPermalink
(b) Function- If the Committee is established in accordance with subsection (a)(1), the Committee shall advise the President, the Secretary of State, and the Undersecretary for Arms Control and International Security regarding scientific, technical, and policy matters affecting arms control and nonproliferation. CommentsClose CommentsPermalink
(c) Reimbursement of Expenses- If the Committee is established in accordance with subsection (a)(1), the members of the Committee may receive reimbursement of expenses only in accordance with the provisions applicable to the reimbursement of experts and consultants under section 401(d) of the Arms Control and Disarmament Act (
(d) Scientist Defined- In this section, the term ‘scientist’ means an individual who has a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who has distinguished himself or herself in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering. CommentsClose CommentsPermalink
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES
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TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES CommentsClose CommentsPermalink
Subtitle A--Towards Modernizing the Department of State
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Subtitle A--Towards Modernizing the Department of State CommentsClose CommentsPermalink
SEC. 301. TOWARDS A MORE MODERN AND EXPEDITIONARY FOREIGN SERVICE.
(a) Targeted Expansion of Foreign Service- The Secretary of State shall expand the Foreign Service to-- CommentsClose CommentsPermalink
(1) fill vacancies, particularly those vacancies overseas that are critical to key United States foreign policy and national security interests, and, in particular, to prevent crises before they emerge; CommentsClose CommentsPermalink
(2) increase the capacity of the Department of State to assign and deploy Foreign Service officers and other personnel to prevent, mitigate, and respond to international crises and instability in foreign countries that threaten key United States foreign policy and national security interests; and CommentsClose CommentsPermalink
(3) ensure that before being assigned to assignments requiring new or improved skills, members of the Foreign Service, other than foreign national employees and consular agents (as such terms are defined in section 103 of the Foreign Service Act of 1980 (
(b) Authorized Increases- CommentsClose CommentsPermalink
(1) AT THE DEPARTMENT OF STATE- The Secretary of State is authorized to hire an additional 750 members of the Foreign Service (above attrition) in fiscal year 2010 over the number of such members employed as of September 30, 2009, and an additional 750 members of the Foreign Service (above attrition) in fiscal year 2011 over the number of such members employed as of September 30, 2010. CommentsClose CommentsPermalink
(2) AT USAID- The Administrator of the United States Agency for International Development is authorized to hire an additional 350 members of the Foreign Service (above attrition) in fiscal year 2010 over the number of such members employed as of September 30, 2009, and an additional 350 members of the Foreign Service (above attrition) in fiscal year 2011 over the number of such members employed as of September 30, 2010. CommentsClose CommentsPermalink
(3) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed as limiting the authority of the Secretary of State or the Administrator of the United States Agency for International Development to hire personnel. CommentsClose CommentsPermalink
(c) Expansion of Functions of the Foreign Service- Section 104 of the Foreign Service Act of 1980 (
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and CommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following new paragraph: CommentsClose CommentsPermalink
‘(2) work actively to prevent, mitigate, and respond in a timely manner to international crises and instability in foreign countries that threaten the key United States foreign policy and national security interests;’. CommentsClose CommentsPermalink
(d) Worldwide Availability- Section 301(b) of the Foreign Service Act of 1980 (
(1) by inserting ‘(1)’ before ‘The Secretary’; and CommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph: CommentsClose CommentsPermalink
‘(2)(A) Except as provided in subparagraphs (B) and (C), at the time of entry into the Service, each member of the Service shall be available to be assigned worldwide. CommentsClose CommentsPermalink
‘(B) With respect to the medical eligibility of any applicant for appointment as a Foreign Service officer candidate, the Secretary of State shall determine such availability through appropriate medical examinations. If based on such examinations the Secretary determines that such applicant is ineligible to be assigned worldwide, the Secretary may waive the worldwide availability requirement under subparagraph (A) if the Secretary determines that such waiver is required to fulfill a compelling Service need. The Secretary shall establish an internal administrative review process for medical ineligibility determinations. CommentsClose CommentsPermalink
‘(C) The Secretary may also waive or reduce the worldwide availability requirement under subparagraph (A) if the Secretary determines, in the Secretary’s discretion, that such waiver or reduction is warranted.’. CommentsClose CommentsPermalink
(e) Recruiting Candidates Who Have Experience in Unstable Situations- Section 301 of the Foreign Service Act of 1980 (
‘(f) Experience in Unstable Situations- The fact that an applicant for appointment as a Foreign Service officer candidate has the experience of working in situations where public order has been undermined by instability, or where there is no civil authority that can effectively provide public safety, may be considered an affirmative factor in making such appointments.’. CommentsClose CommentsPermalink
(f) Training- Section 708 of the Foreign Service Act of 1980 (
‘(c) The Secretary of State shall ensure that members of the Service, other than foreign national employees and consular agents, as appropriate, receive training on methods for conflict mitigation and resolution and on the necessary skills to be able to function successfully where public order has been undermined by instability or where there is no civil authority that can effectively provide public safety. CommentsClose CommentsPermalink
‘(d) The Secretary of State shall ensure that members of the Service have , other than foreign national employees and consular agents, as appropriate, have opportunities during their careers to obtain advanced education and training in academic and other relevant institutions in the United States and abroad to increase the capacity of the Service to fulfill its mission.’. CommentsClose CommentsPermalink
SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DEVELOPMENT.
(a) Development of National Strategy on Diplomacy and Development- CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than December 1, 2010, the President shall develop and transmit to the appropriate congressional committees a national strategy on United States diplomacy and development. The strategy shall include the following: CommentsClose CommentsPermalink
(A) An identification of key objectives and missions for United States foreign policy and foreign assistance policies and programs, including a clear statement on United States objectives for development assistance. CommentsClose CommentsPermalink
(B) A description of the roles of civilian agencies and mechanisms for implementing such strategy, including interagency coordination. CommentsClose CommentsPermalink
(C) The requirements for overseas infrastructure necessary to carry out such strategy. CommentsClose CommentsPermalink
(D) Plans to adapt such agencies and mechanisms to changing circumstances and the role of international institutions in such strategy. CommentsClose CommentsPermalink
(E) Budget requirements to carry out such strategy. CommentsClose CommentsPermalink
(F) Other elements of United States foreign policy and foreign assistance policies and programs with a view toward determining and expressing the strategy of the United States and establishing a diplomacy and development program for the next ten years. CommentsClose CommentsPermalink
(2) RELATIONSHIP TO NATIONAL SECURITY STRATEGY- The strategy described in paragraph (1) shall be consistent with any National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (
(b) Review Required- CommentsClose CommentsPermalink
(1) IN GENERAL- Beginning in 2013, the President shall every four years, during a year following a year evenly divisible by four, conduct a comprehensive examination (to be known as a ‘Quadrennial Review of Diplomacy and Development’) of the national strategy for United States diplomacy and development described in subsection (a). CommentsClose CommentsPermalink
(2) KEY ELEMENTS OF REVIEW- The review described in paragraph (1) shall include the following: CommentsClose CommentsPermalink
(A) A review of all elements of the strategy described in subsection (a), consistent with the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (
(B) A review of the roles and responsibilities of Federal departments and agencies in carrying out the strategy described in subsection (a) and the mechanisms for cooperation between such departments and agencies, including the coordination of such departments and agencies and the relationship between the principal offices of such departments and agencies and offices defining sufficient capacity, resources, overseas infrastructure, budget plan, and other elements of United States diplomacy and development of the United States that would be required to have a high level of confidence that the United States can successfully execute the full range of missions called for in such strategy. CommentsClose CommentsPermalink
(C) Identifying the budget plan that would be required to provide sufficient resources to execute successfully the full range of missions called for in the strategy described in subsection (a) at a high level of success and any additional resources required to achieve such a level of success. CommentsClose CommentsPermalink
(D) Making recommendations that are not constrained to comply with the budget submitted to Congress by the President pursuant to
(3) INTERAGENCY COORDINATION AND CONSULTATION- CommentsClose CommentsPermalink
(A) IN GENERAL- Each Quadrennial Review of Diplomacy and Development shall take into account the views of the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, the Secretary of the Treasury, the United States Trade Representative, and the head of any other relevant agency. CommentsClose CommentsPermalink
(B) DELEGATION- If the President delegates the requirements of this section, the head of the Federal department or agency to whom such delegation is made shall consult with each official specified in subparagraph (A). CommentsClose CommentsPermalink
(c) Consultation With Outside Stakeholders- In developing the strategy required under subsection (a) and conducting the review required under subsection (b), the President shall consult with private businesses, non-governmental organizations involved in diplomacy and development, and experts at academic institutions or institutions involved in the study of foreign policy or development matters. CommentsClose CommentsPermalink
(d) QRDD and Congressional Committees- CommentsClose CommentsPermalink
(1) CONSULTATION- In developing the strategy required under subsection (a) and conducting the review required under subsection (b), the President shall consult with the appropriate congressional committees. CommentsClose CommentsPermalink
(2) REPORT- The President shall transmit to the appropriate congressional committees a report on each Quadrennial Review of Diplomacy and Development. The report shall be submitted in the year following the year in which such a Quadrennial Review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under
(A) The results of such a Quadrennial Review, including a comprehensive discussion of the national strategy for United States foreign policy and foreign assistance policies and programs, the roles and responsibilities of and strategic guidance for civilian agencies and mechanisms in implementing such strategy, the requirements for overseas infrastructure necessary to carry out such strategy, plans to adapt such agencies and mechanisms to changing circumstances, and the role of international institutions in such strategy. CommentsClose CommentsPermalink
(B) The assumed or defined objectives and missions that inform the national strategy for United States foreign policy and foreign assistance policies and programs. CommentsClose CommentsPermalink
(C) The threats to the assumed or defined objectives and missions of the United States that were examined for the purposes of such a Quadrennial Review. CommentsClose CommentsPermalink
(D) The assumptions used in such a Quadrennial Review, including assumptions relating to-- CommentsClose CommentsPermalink
(i) the capacity of United States diplomatic and development personnel to respond to such threats; CommentsClose CommentsPermalink
(ii) the cooperation and capacity of allies, other friendly countries, and international institutions in addressing such threats; CommentsClose CommentsPermalink
(iii) levels of engagement in operations other than war and smaller-scale contingencies and withdrawal from such operations and contingencies; and CommentsClose CommentsPermalink
(iv) the intensity, duration, and military and political end-states of conflicts and smaller-scale contingencies that arise in the diplomatic and development context. CommentsClose CommentsPermalink
(E) The anticipated roles and missions of the reserve components available to civilian agencies, including capabilities and resources necessary to assure that such reserve components can capably discharge such roles and missions. CommentsClose CommentsPermalink
(F) The extent to which diplomatic and development personnel need to be shifted to different regions to carry out the national strategy under subsection (a). CommentsClose CommentsPermalink
(G) Any other matter the Secretary considers appropriate. CommentsClose CommentsPermalink
(e) Independent Panel Assessment- CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than six months before the date on which the report on a Quadrennial Review of Diplomacy and Development is to be transmitted under subsection (d), the President shall establish a panel to conduct an assessment of such a Quadrennial Review. CommentsClose CommentsPermalink
(2) REPORT ON ASSESSMENT- Not later than three months after the date on which the report on such a Quadrennial Review is transmitted under subsection (d), the panel established under paragraph (1) shall submit to the appropriate congressional committees an assessment of such a Quadrennial Review, including an assessment of the recommendations of such a Quadrennial Review, the stated and implied assumptions incorporated in such a Quadrennial Review, and the vulnerabilities of the strategy underlying such a Quadrennial Review. CommentsClose CommentsPermalink
(f) Exclusion- Any provision in this section relating to budgets or budget plans shall not be construed to require any information on any program that is funded from accounts within budget function 050 (National Defense). CommentsClose CommentsPermalink
SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED CENTER.
(a) Establishment- The Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), is authorized to establish in the Department of State and under the authority of the Undersecretary for Management a Lessons Learned Center (referred to in this section as the ‘LLC’) which will serve as a central organization for collection, analysis, archiving, and dissemination of observations, best practices, and lessons learned by, from, and to Foreign Service officers and support personnel in the Department of State and USAID. CommentsClose CommentsPermalink
(b) Purpose- The purpose of the LLC is to increase, enhance, and sustain the ability of the Department of State and USAID to effectively carry out their missions by devising a system for the collection, analysis, archiving, and dissemination of lessons learned, improving information sharing and learning capacity, and enabling, encouraging, and rewarding critical, innovative analysis. CommentsClose CommentsPermalink
(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report on the status of efforts to establish the LLC. The report shall include recommendations-- CommentsClose CommentsPermalink
(1) concerning the regulation and structure of the LLC, including-- CommentsClose CommentsPermalink
(A) how to encourage service in the LLC; CommentsClose CommentsPermalink
(B) how to provide for the necessary academic freedom to provide innovative, critical analysis; CommentsClose CommentsPermalink
(C) how to ensure that the staffing of the LLC is a mix of senior and junior staff of the Foreign Service and civil service in the Department of State and USAID; CommentsClose CommentsPermalink
(D) the anticipated expenditures associated with the establishment of the LLC under subsection (a); and CommentsClose CommentsPermalink
(E) physical structure of the LLC; and CommentsClose CommentsPermalink
(2) for any legislation necessary to establish the LLC. CommentsClose CommentsPermalink
(d) Definitions- In this section: CommentsClose CommentsPermalink
(1) ACADEMIC FREEDOM- The term ‘academic freedom’ means the capability, capacity, and authorization to produce analysis and evaluation without concern for retaliation or other negative impact on the observer’s career. CommentsClose CommentsPermalink
(2) LESSONS LEARNED- The term ‘lessons learned’ means information resulting from evaluation or observation of negotiations, operations, exercises, training events, or other processes and experiences, particularly any corrective measures or innovative techniques, that produced an improved performance or increased capability. CommentsClose CommentsPermalink
SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION.
(a) Findings- Congress finds the following: CommentsClose CommentsPermalink
(1) United States diplomatic and consular missions worldwide retain over 51,000 locally employed staff under local compensation plans (LCP’s) in about 170 overseas missions. CommentsClose CommentsPermalink
(2) The locally employed staff is the backbone of diplomatic operations, providing management, programmatic, security, maintenance, custodial, and other services wherever the Department of State has established an overseas post. CommentsClose CommentsPermalink
(3) Foreign Service and other United States officers who rotate in-and-out of such missions every two to three years are highly dependent on the local employees to bring them up to speed and make sure that the work of any such mission does not falter in transitions during rotations. CommentsClose CommentsPermalink
(4) As the number of positions at such missions designated for United States officers that are not filled continues to increase, locally employed staff are called upon to assume many of the responsibilities that United States staff have carried in the past. CommentsClose CommentsPermalink
(5) Based on a survey conducted by the Office of the Inspector General (OIG) Department of State, the United States is failing to provide a competitive compensation package for locally employed staff that is commensurate with their experience, technical skills, and responsibilities. CommentsClose CommentsPermalink
(6) The Department of State OIG survey data show that the United States Government is providing salary increases that are approximately 60 percent of what is the prevailing practice of the local labor market. CommentsClose CommentsPermalink
(7) The Department of State OIG has found numerous cases in which such missions are losing staff to other employers. The OIG has also found numerous cases where it is difficult to replace employees who left to take other jobs, particularly in countries with low unemployment rates. CommentsClose CommentsPermalink
(b) Policy Review- The Secretary of State shall direct a policy review to assess the adequacy of locally employed staff compensation. In carrying out such policy review the Secretary shall consider the recommendations of the Office of the Inspector General of the Department of State, including the following: CommentsClose CommentsPermalink
(1) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, should hire an outside contractor with international experience to perform an organizational review of the Compensation Management Division of the Office of Overseas Employment to advise on the organization of the compensation management division and on how many analysts are required to handle the compensation management responsibilities, and to recommend training and certifications the analysts should obtain. CommentsClose CommentsPermalink
(2) The Office of Management, Policy, Rightsizing and Innovation, in coordination with the Bureau of Human Resources and the Bureau of Resource Management, should ensure that the working group on locally employed staff compensation reviews the connectivity between the activities of the Office of Overseas Employment and the Office of State Programs, Operations and Budget in the Bureau of Resource Management, and makes and distributes written, documented determinations as to the data used by the two offices to make estimates of locally employed staff compensation adjustments, the timing of these activities, and the responsibility each office has for tracking implementation of locally employed staff compensation adjustments. CommentsClose CommentsPermalink
(3) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, should implement a locally employed staff compensation review process whereby the Office of Overseas Employment in the Bureau of Human Resources reviews and adjust each post’s salary schedule every five years based on a recent salary survey. During the intervening years, the Department should authorize cost-of-living (or inflation) adjustments based on reliable inflation data. CommentsClose CommentsPermalink
(4) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, should implement a systematic process of providing comprehensive information to diplomatic and consular missions, Department of State offices, and agency headquarters on periodic salary survey reviews, including comprehensible salary survey analysis, explanations of salary survey changes, and if appropriate, copies of the off-the-shelf surveys for the host country. This approach should be documented and made a part of the periodic process. CommentsClose CommentsPermalink
(5) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, the regional bureaus, and the Bureau of Resource Management, should establish, maintain, and monitor a database that tracks information related to locally employed staff compensation and adjustments, including budgetary resources, salary level ceilings calculated by the Office of Overseas Employment, salary levels requested by post, salary levels implemented, dates for these activities, and calculations of whether the Department is meeting prevailing practice. This database should replace the current practice of communicating salary review information by cable. CommentsClose CommentsPermalink
(6) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, should evaluate the possibility of using different pay setting data establishing different pay scales for blue-collar positions and for professional level positions, and should issue and distribute a written report on the findings and the possibility of implementing the findings. CommentsClose CommentsPermalink
(7) The Office of Management, Policy, Rightsizing and Innovation should ensure that the working group on locally employed staff compensation considers the possibility of including members from other United States Government agencies that employ locally employed staff. Whether this recommendation is implemented or not, the Office of Management, Policy, Rightsizing and Innovation should document the decision in writing, and distribute the decision widely in the Department of State and to other agencies that employ locally employed staff. CommentsClose CommentsPermalink
(8) The Office of Management, Policy, Rightsizing and Innovation should ensure that the working group on locally employed staff compensation considers the possibility of centralizing decision making for locally employed staff salary increases, and, whether such is eventually implemented or not, make a determination as to its value, document the decision in writing, and distribute the decision widely in the Department of State. CommentsClose CommentsPermalink
(9) The Bureau of Human Resources, in cooperation with Resource Management International Cooperative Administrative Support Services, should establish a senior level interagency locally employed staff board of governors to set overall locally employed staff policy. CommentsClose CommentsPermalink
(10) The Bureau of Human Resources should send the cable announcing the proposed salary increases for locally employed staff to the attention of both the chief of mission and the management officer. CommentsClose CommentsPermalink
(11) The Bureau of Human Resources should request a list of position titles and grades from all positions with exception rate ranges and details on the exception rate range adjustments in the 2010 Locally Employed Staff Compensation Questionnaire. CommentsClose CommentsPermalink
(c) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees a report on the implementation of this section, including a review of efforts to implement the recommendations of the Office of the Inspector General of the Department of State specified in subsection (b). CommentsClose CommentsPermalink
Subtitle B--Foreign Service Pay Equity and Death Gratuity
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Subtitle B--Foreign Service Pay Equity and Death Gratuity CommentsClose CommentsPermalink
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ‘Foreign Service Overseas Pay Equity Act of 2009’. CommentsClose CommentsPermalink
SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
(a) Overseas Comparability Pay Adjustment- CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 4 of title I of the Foreign Service Act of 1980 (
‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
‘(a) In General- A member of the Service who is designated class 1 or below for purposes of section 403 and whose official duty station is neither in the continental United States nor in a non-foreign area shall receive, in accordance with the phase-in schedule set forth in subsection (c), a locality-based comparability payment (stated as a percentage) equal to the locality-based comparability payment (stated as a percentage) that would be provided under
, if such member’s official duty station were in the District of Columbia. CommentsClose CommentsPermalink section 5304 of title 5, United States Code ‘(b) Treatment as Basic Pay- The amount of any locality-based comparability payment which is payable to a member of the Service by virtue of this section-- CommentsClose CommentsPermalink
‘(1) shall be considered to be part of the basic pay of such member-- CommentsClose CommentsPermalink
‘(A) for the same purposes as provided for under
; and CommentsClose CommentsPermalink section 5304(c)(2)(A) of title 5, United States Code ‘(B) for purposes of chapter 8; and CommentsClose CommentsPermalink
‘(2) shall be subject to any limitations on pay applicable to locality-based comparability payments under
. CommentsClose CommentsPermalink section 5304 of title 5, United States Code ‘(c) Phase-In- The locality-based comparability payment payable to a member of the Service under this section shall-- CommentsClose CommentsPermalink
‘(1) beginning on the first day of the first pay period that is 90 days after the date of the enactment of this subsection, be equal to 33.33 percent of the payment which would otherwise apply under subsection (a); CommentsClose CommentsPermalink
‘(2) beginning on the first day of the first pay period in April 2010, be equal to 66.67 percent of the payment which would otherwise apply under subsection (a); and CommentsClose CommentsPermalink
‘(3) beginning on the first day of the first pay period in fiscal year 20121 and each subsequent fiscal year, be equal to the payment determined under subsection (a). CommentsClose CommentsPermalink
‘(d) Non-Foreign Area Defined- For purposes of this section, the term ‘non-foreign area’ has the same meaning as is given such term in regulations carrying out
.’. CommentsClose CommentsPermalink section 5941 of title 5, United States Code
(2) CONFORMING AMENDMENT- The table of contents set forth in section 2 of such Act is amended by inserting after the item relating to section 414 the following: CommentsClose CommentsPermalink
‘SEC‘Sec. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENTverseas comparability pay adjustment.’. CommentsClose CommentsPermalink
(b) Conforming Amendments Relating to the Foreign Service Retirement Systems- CommentsClose CommentsPermalink
(1) CONTRIBUTIONS TO THE FUND- Effective as of the first pay period beginning on or after October 1, 2010, section 805(a) of the Foreign Service Act of 1980 (
) is amended-- CommentsClose CommentsPermalink 22 U.S.C. 4045(a)
(A) in paragraph (1)-- CommentsClose CommentsPermalink
(i) in the first sentence, by striking ‘7.25 percent’ and inserting ‘7 percent’; and CommentsClose CommentsPermalink
(ii) in the second sentence, by striking ‘The contribution by the employing agency’ through ‘and shall be made’ and inserting ‘An equal amount shall be contributed by the employing agency’; CommentsClose CommentsPermalink
(B) in paragraph (2)-- CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking ‘, plus an amount equal to .25 percent of basic pay’; and CommentsClose CommentsPermalink
(ii) in subparagraph (B), by striking ‘, plus an amount equal to .25 percent of basic pay’; and CommentsClose CommentsPermalink
(C) in paragraph (3), by striking all that follows ‘Code’ and inserting a period. CommentsClose CommentsPermalink
(2) COMPUTATION OF ANNUITIES- Section 806(a)(9) of such Act (
) is amended by striking ‘is outside the continental United States shall’ and inserting ‘was outside the continental United States during the period beginning on December 29, 2002, and ending on the day before the first day of the first pay period beginning on or after October 1, 2011 (or during any portion thereof), shall, to the extent that such computation is based on the basic salary or basic pay of such member for such period (or portion thereof),’. CommentsClose CommentsPermalink 22 U.S.C. 4046(a)(9) (3) ENTITLEMENT TO ANNUITY- Section 855(a)(3) of such Act (
) is amended-- CommentsClose CommentsPermalink 22 U.S.C. 4071d(a)(3)
(A) by striking ‘section 8414’ and inserting ‘section 8415’; and CommentsClose CommentsPermalink
(B) by striking ‘is outside the continental United States shall’ and inserting ‘was outside the continental United States during the period beginning on December 29, 2002, and ending on the day before the first day of the first pay period beginning on or after October 1, 2011 (or during any portion thereof), shall, to the extent that such computation is based on the basic salary or basic pay of such member for such period (or portion thereof),’. CommentsClose CommentsPermalink
(4) DEDUCTIONS AND WITHHOLDINGS FROM PAY- Section 856(a)(2) of such Act (
) is amended to read as follows: CommentsClose CommentsPermalink 22 U.S.C. 4071e(a)(2) ‘(2) The applicable percentage under this subsection shall be as follows: CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
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‘Percentage Time Period CommentsClose CommentsPermalink
7.5 Before January 1, 1999. CommentsClose CommentsPermalink
7.75 January 1, 1999, to December 31, 1999. CommentsClose CommentsPermalink
7.9 January 1, 2000, to December 31, 2000. CommentsClose CommentsPermalink
7.55 January 11, 2003, to the day before the first day of the first pay period beginning on or after October 1, 2011. CommentsClose CommentsPermalink
7.5 Beginning on the first day of the first pay period beginning on or after October 1, 2011.’. CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
(c) Reporting Requirements-(1) IN GENERAL- Not later than Not later than October 1, 2010, the Secretary of State shall submit to the appropriate congressional committees an assessment of all allowances provided to members of the Foreign Service under the Foreign Service Act of 1980 or under title 5, United States Code, and in particular, how such allowances have been or will be affected by the amendments to the Foreign Service Act of 1980 made by this Act. CommentsClose CommentsPermalink
SEC. 313. DEATH GRATUITY.
The first sentence of section 413(a) of the Foreign Service Act of 1980 (
Subtitle C--Other Organization and Personnel Matters
CommentsClose CommentsPermalink
Subtitle C--Other Organization and Personnel Matters CommentsClose CommentsPermalink
SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.
(a) Fellowship Authorized- Chapter 5 of title I of the Foreign Service Act of 1980 (
‘SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.
‘(a) In General- The Secretary is authorized to establish the Transatlantic Diplomatic Fellowship Program. Under the program, the Secretary may assign a member of the Service, for not more than one year, to a position with any designated country or designated entity that permits an employee to be assigned to a position with the Department. CommentsClose CommentsPermalink
‘(b) Salary and Benefits- The salary and benefits of a member of the Service shall be paid as described in subsection (b) of section 503 during a period in which such member is participating in the Transatlantic Diplomatic Fellowship Program. The salary and benefits of an employee of a designated country or designated entity participating in such program shall be paid by such country or entity during the period in which such employee is participating in the program. CommentsClose CommentsPermalink
‘(c) Definitions- In this section: CommentsClose CommentsPermalink
‘(1) The term ‘designated country’ means a member country of-- CommentsClose CommentsPermalink
‘(A) the North Atlantic Treaty Organization; or CommentsClose CommentsPermalink
‘(B) the European Union. CommentsClose CommentsPermalink
‘(2) The term ‘designated entity’ means-- CommentsClose CommentsPermalink
‘(A) the North Atlantic Treaty Organization; or CommentsClose CommentsPermalink
‘(B) the European Union. CommentsClose CommentsPermalink
‘(d) Rule of Construction- Nothing in this section shall be construed to-- CommentsClose CommentsPermalink
‘(1) authorize the appointment as an officer or employee of the United States of-- CommentsClose CommentsPermalink
‘(A) an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; or CommentsClose CommentsPermalink
‘(B) an individual who has not met the requirements of sections 3331, 3332, 3333, and 7311 of title 5, United States Code, and any other provision of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States; or CommentsClose CommentsPermalink
‘(2) authorize the Secretary to assign a member of the Service to a position with any foreign country whose laws, or foreign or international entity whose rules, require such member to give allegiance or loyalty to such country or entity while assigned to such position.’ CommentsClose CommentsPermalink
(b) Technical and Conforming Amendments- The Foreign Service Act of 1980 is amended-- CommentsClose CommentsPermalink
(1) in section 503 (
)-- CommentsClose CommentsPermalink 22 U.S.C. 3983
(A) in the section heading, by striking ‘and’ and inserting ‘foreign gAND’ and inserting ‘Foreign Governments, or’; and CommentsClose CommentsPermalink
(B) in subsection (a)(1), by inserting before the semicolon at the end the following: ‘, or with a foreign government under sections 506 or 507’; and CommentsClose CommentsPermalink
(2) in section 2, in the table of contents-- CommentsClose CommentsPermalink
(A) by striking the item relating to section 503 and inserting the following new item: CommentsClose CommentsPermalink
‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’; and CommentsClose CommentsPermalink
(B) by adding after the item relating to section 505 the following new item: CommentsClose CommentsPermalink
‘Sec. 506. Transatlantic diplomatic fellowship program.’. CommentsClose CommentsPermalink
SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM.
(a) In General- Chapter 5 of Ttitle I of the Foreign Service Act of 1980 (
‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM.
‘(a) In General- The Secretary is authorized to establish the Security Officers Exchange Program. Under the program, the Secretary may assign a member of the Service, for not more than a total of three years, to a position with any country or international organization designated by the Secretary pursuant to subsection (c) that permits an employee to be assigned to a position with the Department. CommentsClose CommentsPermalink
‘(b) Salary and Benefits- The salary and benefits of the members of the Service shall be paid as described in subsection (b) of section 503 during a period in which such officer is participating in the Security Officers Exchange Program. The salary and benefits of an employee of a designated country or international organization participating in such program shall be paid by such country or international organization during the period in which such employee is participating in the program. CommentsClose CommentsPermalink
‘(c) Designation- The Secretary may designate a country or international organization to participate in this program if the Secretary determines that such participation is in the national security interests of the United States. CommentsClose CommentsPermalink
‘(d) Rule of Construction- Nothing in this section shall be construed to-- CommentsClose CommentsPermalink
‘(1) authorize the appointment as an officer or employee of the United States of-- CommentsClose CommentsPermalink
‘(A) an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; or CommentsClose CommentsPermalink
‘(B) an individual who has not met the requirements of sections 3331, 3332, 3333, and 7311 of title 5, United States Code, and any other provision of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States; or CommentsClose CommentsPermalink
‘(2) authorize the Secretary to assign a member of the Service to a position with any foreign country whose laws, or foreign or international entity whose rules, require such member to give allegiance or loyalty to such country or entity while assigned to such position.’. CommentsClose CommentsPermalink
(b) Technical and Conforming Amendment- Section 2 of the Foreign Service Act of 1980 is amended, in the table of contents, by adding after the item relating to section 506 (as added by section 311(b)(221(b)(2)(B) of this Act) the following new item: CommentsClose CommentsPermalink
‘Sec. 507. Security officers exchange program.’. CommentsClose CommentsPermalink
SEC. 323. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY.
(a) Suspension- Section 610 of the Foreign Service Act of 1980 (
‘(c)(1) In order to promote the efficiency of the Service, the Secretary may suspend a member of the Foreign Service without pay when the member’s security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed. CommentsClose CommentsPermalink
‘(2) Any member of the Foreign Service for whom a suspension is proposed shall be entitled to-- CommentsClose CommentsPermalink
‘(A) written notice stating the specific reasons for the proposed suspension; CommentsClose CommentsPermalink
‘(B) a reasonable time to respond orally and in writing to the proposed suspension; CommentsClose CommentsPermalink
‘(C) representation by an attorney or other representative; and CommentsClose CommentsPermalink
‘(D) a final written decision, including the specific reasons for such decision, as soon as practicable. CommentsClose CommentsPermalink
‘(3) Any member suspended under this section may file a grievance in accordance with the procedures applicable to grievances under chapter 11 of this title. CommentsClose CommentsPermalink
‘(4) In the case of a grievance filed under paragraph (3)-- CommentsClose CommentsPermalink
‘(A) the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; and CommentsClose CommentsPermalink
‘(B) the Foreign Service Grievance Board may not exercise the authority provided under section 1106(8). CommentsClose CommentsPermalink
‘(5) In this subsection: CommentsClose CommentsPermalink
‘(A) The term ‘reasonable time’ means-- CommentsClose CommentsPermalink
‘(i) with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; and CommentsClose CommentsPermalink
‘(ii) with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension. CommentsClose CommentsPermalink
‘(B) The term ‘suspend’ or ‘suspension’ means the placing of a member of the Foreign Service in a temporary status without duties and pay.’. CommentsClose CommentsPermalink
(b) Conforming and Clerical Amendments- CommentsClose CommentsPermalink
(1) AMENDMENT OF SECTION HEADING- Such section, as amended by subsection (a) of this section, is further amended, in the section heading, by inserting ‘; sSuspension’ before the period at the end. CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The item relating to such section in the table of contents in section 2 of such Act is amended to read as follows: CommentsClose CommentsPermalink
‘Sec. 610. Separation for cause; suspension.’. CommentsClose CommentsPermalink
SEC. 324. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN SERVICE.
Section 305(d) of the Foreign Service Act of 1980 (
SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.
Section 309 of the Foreign Service Act of 1980 (
(1) in subsection (a), by striking ‘subsection (b)’ and inserting ‘subsections (b) or (c)’; CommentsClose CommentsPermalink
(2) in subsection (b)-- CommentsClose CommentsPermalink
(A) in paragraph (3)-- CommentsClose CommentsPermalink
(i) by inserting ‘(A),’ after ‘if’; and CommentsClose CommentsPermalink
(ii) by inserting before the semicolon at the end the following: ‘, or (B), the career candidate is serving in the uniformed services, as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994 (
(B) in paragraph (4), by striking ‘and’ at the end; CommentsClose CommentsPermalink
(C) in paragraph (5), by striking the period at the end and inserting ‘; and’; and CommentsClose CommentsPermalink
(D) by adding after paragraph (5) the following new paragraph: CommentsClose CommentsPermalink
‘(6) in exceptional circumstances where the Secretary determines the needs of the Service require the extension of a limited appointment (A), for a period of time not to exceed 12 months (provided such period of time does not permit additional review by the boards under section 306), or (B), for the minimum time needed to settle a grievance, claim, or complaint not otherwise provided for in this section.’; and CommentsClose CommentsPermalink
(3) by adding at the end the following new subsection: CommentsClose CommentsPermalink