79–008 

111TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 1st Session 111–143 

PROVIDING FOR CONSIDERATION OF THE BILL (H.R. 1886) TO AUTHORIZE 

DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE 

FOR PAKISTAN, TO AUTHORIZE SECURITY ASSISTANCE FOR PAKISTAN, 

AND FOR OTHER PURPOSES, AND PROVIDING FOR CONSIDERATION OF 

THE BILL (H.R. 2410) 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 

JUNE 9, 2009.—Referred to the House Calendar and ordered to be printed 

Mr. HASTINGS, from the Committee on Rules 

submitted the following 

R E P O R T 

[To accompany H. Res. 522] 

The Committee on Rules, having had under consideration House 

Resolution 522, by a nonrecord vote, report the same to the House 

with the recommendation that the resolution be adopted. 

SUMMARY OF PROVISIONS OF THE RESOLUTION

The resolution provides for consideration of H.R. 1886, the ‘‘Pakistan Enduring Assistance and Cooperation Enhancement Act of 

2009,’’ under a structured rule providing one hour of general debate 

in the House equally divided and controlled by the chairman and 

ranking minority member of the Committee on Foreign Affairs. The 

resolution waives all points of order against consideration of the 

bill except for clauses 9 and 10 of rule XXI. The amendment in the 

nature of a substitute recommended by the Committee on Foreign 

Affairs now printed in the bill, modified by the amendment printed 

in part A of this report, shall be considered as adopted. The resolution waives all points of order against provisions of the bill, as 

amended. This waiver does not affect the point of order available 

under clause 9 of rule XXI (regarding earmark disclosure). The resolution provides that the bill, as amended, shall be considered as 

read. The resolution makes in order the further amendment in the 

nature of a substitute printed in part B of this report, if offered by 

Representative Ros-Lehtinen of Florida or her designee, which 

shall be in order without intervention of any point of order except 

those arising under clause 9 or 10 of rule XXI, shall be considered 

as read, and shall be separately debatable for 30 minutes equally 

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lution provides one motion to recommit with or without instructions. 

The resolution also provides for consideration of H.R. 2410, the 

‘‘Foreign Relations Authorization Act, Fiscal Years 2010 and 2011,’’ 

under a structured rule. The resolution provides one hour of debate 

equally divided and controlled by the chair and ranking minority 

member of the Committee on Foreign Affairs and waives all points 

of order against consideration of the bill except clauses 9 and 10 

of rule XXI. The resolution provides that the amendment in the nature of a substitute recommended by the Committee on Foreign Affairs, now printed in the bill, shall be considered as an original bill 

for the purpose of amendment and shall be considered as read. The 

resolution waives all points of order against the amendment in the 

nature of a substitute except for clause 10 of rule XXI. This waiver 

does not affect the point of order available under clause 9 of rule 

XXI (regarding earmark disclosure). The resolution makes in order 

only those amendments printed in part C of this report. The resolution provides that the amendments made in order may be offered 

only in the order printed in this report, may be offered only by a 

Member designated in this report, shall be considered as read, 

shall be debatable for the time specified in this report equally divided and controlled by the proponent and an opponent, shall not 

be subject to amendment, and shall not be subject to a demand for 

division of the question in the House or in the Committee of the 

Whole. The resolution waives all points of order against the amendments printed in the report except for clauses 9 and 10 of rule XXI. 

The resolution provides one motion to recommit H.R. 2410 with or 

without instructions. Finally, the resolution provides that in the 

engrossment of H.R. 2410, the text of H.R. 1886, as passed by the 

House, shall be added as new matter at the end of H.R. 2410. 

EXPLANATION OF WAIVERS

Although the rule waives all points of order against consideration 

of H.R. 1886 (except for those arising under clauses 9 and 10 of 

rule XXI), the Committee is not aware of any points of order. The 

waiver of all points of order is prophylactic. The waiver of all points 

of order against provisions in the bill, as amended, includes a waiver of clause 4 of Rule XXI (prohibiting appropriations in legislative 

bills). 

Although the rule waives all points of order against consideration 

of H.R. 2410 (except for those arising under clauses 9 and 10 of 

rule XXI), the Committee is not aware of any points of order. The 

waiver of all points of order is prophylactic. The waiver of all points 

of order against the committee amendment in the nature of a substitute (except for those arising under clause 10 of rule XXI) includes a waiver of clause 4 of Rule XXI (prohibiting appropriations 

in legislative bills). 

COMMITTEE VOTES

The results of each record vote on an amendment or motion to 

report, together with the names of those voting for and against, are 

printed below: 

Rules Committee record vote No. 107 

Date: June 9, 2009. 


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Measure: H.R. 1886/H.R. 2410. 

Motion by: Mr. Dreier. 

Summary of motion: To grant an open rule. 

Results: Defeated 3–6. 

Vote by Members: Hastings—Nay; Cardoza—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Dreier—Yea; Diaz-Balart—Yea; 

Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 108 

Date: June 9, 2009. 

Measure: H.R. 1886/H.R. 2410. 

Motion by: Mr. Dreier. 

Summary of motion: To make in order en bloc and provide appropriate waivers for an amendment by Rep. Ros-Lehtinen (FL), #34, 

which would prohibit funds from being used by the Department of 

State for the purpose of preparing or issuing a statement of interest to encourage a court in the U.S. to dismiss any claim brought 

against a European insurance company to recover compensation 

arising out of a covered Holocaust-era insurance policy, and an 

amendment by Rep. Ros-Lehtinen (FL), #28, which would replace 

the FY10 funding numbers for the accounts reauthorized in the bill 

with numbers that are no more than 3.7% higher than FY09 levels. 

Results: Defeated 3–7. 

Vote by Members: Hastings—Nay; Matsui—Nay; Cardoza—Nay; 

Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Dreier—Yea; DiazBalart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 109 

Date: June 9, 2009. 

Measure: H.R. 1886/H.R. 2410. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Ros-Lehtinen (FL), #27, which 

would call for a re-listing of North Korea as a state sponsor of terrorism, full implementation of sanctions imposed by UN Security 

Council resolutions 1695 and 1718, passed in 2006 but never fully 

enforced, and an end to North Korea’s egregious human rights violations and proliferation of weapons of mass destruction to Iran, 

Syria and other rogue regimes. It withholds U.S. diplomatic recognition of North Korea—including the establishment of a liaison 

office in North Korea—until Pyongyang accedes to the benchmarks 

enumerated regarding proliferation, illicit activities and human 

rights abuses and frees the two U.S. citizens it is now holding. 

Results: Defeated 3–7. 

Vote by Members: Hastings—Nay; Matsui—Nay; Cardoza—Nay; 

Arcuri—Nay; Perlmutter—Nay; Pingree—Nay; Dreier—Yea; DiazBalart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 110 

Date: June 9, 2009. 

Measure: H.R. 1886/H.R. 2410. 

Motion by: Mr. Diaz-Balart. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Shadegg (AZ), #1, which would 


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prohibit the transfer or entry of any detainee currently being held 

at Guantanamo Bay into the United States. 

Results: Defeated 3–6. 

Vote by Members: Hastings—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Dreier—Yea; Diaz-Balart—Yea; 

Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 111 

Date: June 9, 2009. 

Measure: H.R. 1886/H.R. 2410. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Smith, Christopher (NJ), #71, 

which would strike Section 334, the Office for Global Women’s 

Issues, and replace it with a substitute Office for Global Women’s 

Issues that also would include non-intervention language with respect to abortion. 

Results: Defeated 3–7. 

Vote by Members: Hastings—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; DiazBalart—Yea; Foxx—Yea; Slaughter—Nay. 

Rules Committee record vote No. 112 

Date: June 9, 2009. 

Measure: H.R. 1886/H.R. 2410. 

Motion by: Dr. Foxx. 

Summary of motion: To make in order and provide appropriate 

waivers for an amendment by Rep. Burton (IN), #38, which would 

add a sense of Congress removing waiver authority in the Jerusalem Embassy Act, formally recognizing Jerusalem as the capital 

of Israel, and would immediately relocate the United States embassy to Jerusalem. 

Results: Defeated 3–7. 

Vote by Members: Hastings—Nay; Matsui—Nay; Arcuri—Nay; 

Perlmutter—Nay; Pingree—Nay; Polis—Nay; Dreier—Yea; DiazBalart—Yea; Foxx—Yea; Slaughter—Nay. 

SUMMARY OF AMENDMENT IN PART A TO BE CONSIDERED AS ADOPTED

FOR H.R. 1886

Makes a number of changes to title II of H.R. 1886 as reported 

out by the Committee on Foreign Affairs. These changes include: 

(1) dropping specific authorizations in fiscal years 2011 to 2013 for 

Foreign Military Financing (FMF) for Pakistan and making necessary conforming changes; (2) adding additional flexibility to the 

FMF program for Pakistan for fiscal years 2010 and 2011; (3) 

amending section 204 relating to the Pakistani Counterinsurgency 

Capability Fund (PCCF), including making adjustments to the 

terms and conditions of the PCCF for fiscal year 2010 and dropping 

the authorization for PCCF for fiscal years 2011–2013. 

Authorizes the President to proclaim duty-free treatment of certain textile and apparel products, as well as nontextile and nonapparel products, from designated Reconstruction Opportunity 

Zones within Afghanistan or Pakistan through September 30, 2024. 

Authorizes the President to designate Reconstruction Opportunity Zones within Afghanistan or Pakistan, provided (1) certain 


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eligibility criteria are met, including that such countries establish, 

or make continual progress toward establishing, a market-based 

economy, instituting rule of law, protecting core labor standards 

and acceptable conditions of work; and (2) the designation of the 

Reconstruction Opportunity Zone (ROZ) in an area is ‘‘appropriate’’ 

taking into account factors such as the desire of the country to 

have an ROZ designated in the area, the ability to set up a labor 

rights monitoring program in the area, and the potential of generating employment; Sets forth requirements to prevent the unlawful 

transshipment of such products; Permits duty-free treatment to be 

provided to products of an ROZ in Afghanistan or Pakistan after 

a set-up period only if the President certifies that the country has 

(1) established a labor monitoring program in the ROZ, (2) designated a Labor Official responsible for, among other things, overseeing the implementation of the monitoring program, and (3) 

agreed to require textile or apparel producers to participate in the 

labor monitoring program; Authorizes the President to waive, withdraw, suspend, or limit the application of duty-free treatment 

under this Act. 

The bill’s total cost is $105 million over a ten-year period. These 

costs are paid for by increasing Customs user fees. 

PART A—TEXT OF AMENDMENT TO BE CONSIDERED AS 

ADOPTED FOR H.R. 1886 

Page 11, line 22, strike ‘‘and’’ at the end. 

Page 11, line 25, strike the period at the end and insert ‘‘; and’’. 

Page 11, after line 25, insert the following new paragraph: 

(9) to promote the rights and empowerment of women and 

girls in Pakistan, including efforts to increase access to basic 

healthcare services to address Pakistan’s high maternal mortality rate and to increase girls’ and women’s access to education. 

Page 17, line 8, strike ‘‘and’’ at the end. 

Page 17, after line 8, insert the following new subparagraph: 

(D) preventing youth from turning to extremism and 

militancy, and promoting the renunciation of such tactics 

and extremist ideologies, by providing economic, social, 

educational, and vocational opportunities and life-skills 

training to at-risk youth; and 

Page 17, line 9, strike ‘‘(D)’’ and insert ‘‘(E)’’. 

Page 20, line 20, insert ‘‘libraries and’’ before ‘‘public’’. 

Page 30, beginning on line 12, strike ‘‘for a fiscal year’’. 

Page 24, line 9, after ‘‘hepatitis’’ insert the following: ‘‘, and to 

reduce the nation’s high maternal and under-five mortality rates, 

including—’’ 

(A) support for repairing and building healthcare infrastructure, including purchase of equipment and training of 

health professionals, to ensure adequate access to 

healthcare for Pakistan’s population, especially among its 

rural, poor, marginalized and disadvantaged segments; 

and 

(B) promotion of efforts by the Government of Pakistan 

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sion of maternal and newborn health services and development of community-based skilled birth attendants. 

Page 30, line 13, strike ‘‘is’’ and insert ‘‘for fiscal year 2010 and 

such sums as may be necessary for each of the fiscal years 2011 

through 2013 are’’. 

Page 30, line 21, strike ‘‘authorized to be made available under’’ 

and insert ‘‘made available to carry out’’. 

Page 30, line 22, strike ‘‘is authorized to’’ and insert ‘‘may’’. 

Page 31, beginning on line 2, strike ‘‘for a fiscal year’’. 

Page 31, line 3, strike ‘‘is’’ and insert ‘‘for fiscal year 2010 and 

such sums as may be necessary for each of the fiscal years 2011 

through 2013 are’’. 

Page 31, line 10, strike ‘‘authorized to be made available under’’ 

and insert ‘‘made available to carry out’’. 

Page 31, line 11, strike ‘‘is authorized to’’ and insert ‘‘may’’. 

Page 33, beginning on line 1, strike ‘‘of the F-16 sale with its own 

national funds’’ and insert ‘‘on the 2006 sales relating to F-16 fighter aircraft and associated equipment with its own national funds, 

including the mid-life updates and munitions for such aircraft included in such Letters of Offer and Acceptance’’. 

Page 33, line 5, strike ‘‘or section 204’’. 

Page 34, line 9, strike ‘‘Such plan’’ and all that follows through 

‘‘section 204(f)(1).’’ on line 11 and insert the following: ‘‘Such plan 

shall include an assessment of how the use of such amounts complements or otherwise is related to amounts described in section 

204.’’. 

Page 34, after line 11, insert the following: 

(5) ADDITIONAL AUTHORITY.—Except as provided in section 

3(a)(2) of the Arms Export Control Act and except as otherwise 

provided in this title, amounts authorized to be made available 

to carry out paragraph (2) for fiscal years 2010 and 2011 are 

authorized to be made available notwithstanding any other 

provision of law. 

Page 34, line 12, strike ‘‘(5)’’ and insert ‘‘(6)’’. 

Amend section 204 of the bill (page 34, line 22 to page 39, line 

20) to read as follows: 

SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY FUND. 

(a) FOR FISCAL YEAR 2010.— 

(1) IN GENERAL.—For fiscal year 2010, the Department of 

State’s Pakistan Counterinsurgency Capability Fund, hereinafter in this section referred to as the ‘‘Fund’’, shall consist of 

the following: 

(A) Amounts appropriated to carry out this subsection. 

(B) Amounts otherwise available to the Secretary of 

State to carry out this subsection. 

(2) PURPOSES OF FUND.—Amounts in the Fund made available to carry out this subsection for any fiscal year are authorized to be used by the Secretary of State, with the concurrence 

of the Secretary of Defense, to build and maintain the counterinsurgency capability of Pakistan under the same terms and 

conditions (except as otherwise provided in this subsection) 

that are applicable to amounts made available under the Fund 

for fiscal year 2009. 

(3) TRANSFER AUTHORITY.— 


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(A) IN GENERAL.—The Secretary of State is authorized to 

transfer amounts in the Fund made available to carry out 

this subsection for any fiscal year to the Department of 

Defense’s Pakistan Counterinsurgency Fund. 

(B) TREATMENT OF TRANSFERRED FUNDS.—Subject to the 

requirements of paragraph (4), transfers from the Fund 

under the authority of subparagraph (A) shall be merged 

with and be available for the same purposes and for the 

same time period as amounts in the Department of Defense’s Pakistan Counterinsurgency Fund. 

(C) RELATION TO OTHER AUTHORITIES.—The authority to 

make transfers from the Fund under subparagraph (A) is 

in addition to any other transfer of funds authority of the 

Department of State. The authority to provide assistance 

under this subsection is in addition to any other authority 

to provide assistance to foreign countries. 

(D) NOTIFICATION.—The Secretary of State shall, not less 

than 15 days prior to making transfers from the Fund 

under subparagraph (A), notify the appropriate congressional committees in writing of the details of any such 

transfer. 

(4) RESTRICTION.— 

(A) IN GENERAL.—Subject to subparagraph (B), amounts 

in the Fund made available to carry out this subsection for 

any fiscal year may not be used to purchase F–16 fighter 

aircraft, to purchase mid-life updates for such aircraft, or 

to make payments on the sales of F–16 fighter aircraft and 

associated equipment described in section 203(b)(3)(A). 

(B) EXCEPTION.—Amounts in the Fund made available to 

carry out this subsection for any fiscal year are authorized 

to be used for military construction activities. 

(C) WAIVER.—The President may waive the restriction 

under subparagraph (A) with respect to amounts described 

in subparagraph (A) if the President certifies to the appropriate congressional committees not later than 15 days 

prior to exercising the authority of this subparagraph that 

the waiver is important to the national security interests 

of the United States. 

(5) AUTHORIZATION OF APPROPRIATIONS.—For fiscal year 2010, $300,000,000 is hereby authorized to be appropriated to 

carry out this subsection. 

(b) SUBMISSION OF NOTIFICATIONS.—Any notification required by 

this section shall be submitted in classified form, but may include 

a unclassified annex if necessary. 

(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In this 

section, the term ‘‘appropriate congressional committees’’ means— 

(1) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Foreign Affairs of the 

House of Representatives; and 

(2) the Committee on Appropriations, the Committee on 

Armed Services, and the Committee on Foreign Relations of 

the Senate. 

Page 43, after line 11, insert the following new subsection: 

(e) GAO ANALYSIS AND REPORT.—Not later than 120 days after 

the President makes the determinations described in subsection 


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(b), the Comptroller General of the United States shall conduct an 

independent analysis of each of the determinations under subsection (b) and written justifications for such determinations under 

subsection (d) and shall submit to the appropriate congressional 

committees a report containing the results of the independent analysis. 

Page 43, line 12, strike ‘‘(e)’’ and insert ‘‘(f)’’. 

Page 43, strike lines 13 through 17 and insert the following: 

(1) the term ‘‘appropriate congressional committees’’ means— 

(A) the Committee on Foreign Affairs, the Committee on 

Armed Services, the Committee on Oversight and Government Reform, and the Permanent Select Committee on Intelligence of the House of Representatives; and 

(B) the Committee on Foreign Relations, the Committee 

on Armed Services, and the Select Committee on Intelligence of the Senate; and 

Page 43, beginning on line 23, strike ‘‘, assistance authorized 

under section 204 of this Act,’’. 

Page 44, line 12, strike ‘‘for each of the fiscal years 2010 through 

2013’’ and insert ‘‘for fiscal year 2010 and such sums as may be 

necessary for each of the fiscal years 2011 through 2013’’. 

Page 57, line 5, insert ‘‘and title IV of this Act’’ after ‘‘section 

104’’. 

Page 57, after line 6, add the following new title: 

TITLE IV—DUTY-FREE TREATMENT FOR 

CERTAIN GOODS FROM RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTAN 

SEC. 401. SHORT TITLE. 

This title may be cited as the ‘‘Afghanistan-Pakistan Security 

and Prosperity Enhancement Act’’. 

SEC. 402. DEFINITIONS; PURPOSES. 

(a) DEFINITIONS.—In this title: 

(1) AGREEMENT ON TEXTILES AND CLOTHING.—The term 

‘‘Agreement on Textiles and Clothing’’ means the Agreement 

on Textiles and Clothing referred to in section 101(d)(4) of the 

Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4)). 

(2) CATEGORY; TEXTILE AND APPAREL CATEGORY NUMBER.— 

The terms ‘‘category’’ and ‘‘textile and apparel category number’’ mean the number assigned under the U.S. Textile and Apparel Category System of the Office of Textiles and Apparel of 

the Department of Commerce, as listed in the HTS under the 

applicable heading or subheading (as in effect on September 1, 

2007). 

(3) CORE LABOR STANDARDS.—The term ‘‘core labor standards’’ means— 

(A) freedom of association; 

(B) the effective recognition of the right to bargain collectively; 


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(C) the elimination of all forms of compulsory or forced 

labor; 

(D) the effective abolition of child labor and a prohibition 

on the worst forms of child labor; and 

(E) the elimination of discrimination in respect of employment and occupation. 

(4) ENTERED.—The term ‘‘entered’’ means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States. 

(5) ENTITY.—The term ‘‘entity’’ means— 

(A) a natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, whether or not for 

profit; 

(B) any governmental entity or instrumentality of a government; and 

(C) any successor, subunit, or subsidiary of any entity 

described in subparagraph (A) or (B). 

(6) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff 

Schedule of the United States. 

(7) NAFTA.—The term ‘‘NAFTA’’ means the North American 

Free Trade Agreement concluded between the United States, 

Mexico, and Canada on December 17, 1992. 

(8) RECONSTRUCTION OPPORTUNITY ZONE.—The term ‘‘Reconstruction Opportunity Zone’’ means any area that— 

(A) solely encompasses portions of the territory of— 

(i) Afghanistan; or 

(ii) 1 or more of the following areas of Pakistan: 

(I) the Federally Administered Tribal Areas; 

(II) areas of Pakistan-administered Kashmir 

that the President determines were harmed by the 

earthquake of October 8, 2005; 

(III) areas of Baluchistan that are within 100 

miles of Pakistan’s border with Afghanistan; and 

(IV) the North West Frontier Province; 

(B) has been designated by the competent authorities in 

Afghanistan or Pakistan, as the case may be, as an area 

in which merchandise may be introduced without payment 

of duty or excise tax; and 

(C) has been designated by the President as a Reconstruction Opportunity Zone pursuant to section 403(a). 

(b) PURPOSES.—The purposes of this title are— 

(1) to stimulate economic activity and development in Afghanistan and the border region of Pakistan, critical fronts in 

the struggle against violent extremism; 

(2) to reflect the strong support that the United States has 

pledged to Afghanistan and Pakistan for their sustained commitment in the global war on terrorism; 

(3) to support the 3-pronged United States strategy in Afghanistan and the border region of Pakistan that leverages political, military, and economic tools, with Reconstruction Opportunity Zones as a critical part of the economic component 

of that strategy; and 

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mote good governance, improve economic and commercial ties 

between the people of Afghanistan and Pakistan, and strengthen the Governments of Afghanistan and Pakistan. 

SEC. 403. DESIGNATION OF RECONSTRUCTION OPPORTUNITY ZONES. 

(a) AUTHORITY TO DESIGNATE.—The President is authorized to 

designate an area within Afghanistan or Pakistan described in section 402(a)(8) (A) and (B) as a Reconstruction Opportunity Zone if 

the President determines that— 

(1) Afghanistan or Pakistan, as the case may be, meets the 

eligibility criteria set forth in subsection (b); 

(2) Afghanistan or Pakistan, as the case may be, meets the 

eligibility criteria set forth in subsection (c) of section 502 of 

the Trade Act of 1974 (19 U.S.C. 2462(c)) for designation as a 

beneficiary developing country under that section and is not ineligible under subsection (b) of such section; and 

(3) designation of the area as a Reconstruction Opportunity 

Zone is appropriate taking into account the factors listed in 

subsection (c). 

(b) ELIGIBILITY CRITERIA.—Afghanistan or Pakistan, as the case 

may be, meets the eligibility criteria set forth in this subsection if 

that country— 

(1) has established, or is making continual progress toward 

establishing— 

(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, 

and government ownership of economic assets; 

(B) the rule of law, political pluralism, and the right to 

due process, a fair trial, and equal protection under the 

law; 

(C) economic policies to— 

(i) reduce poverty; 

(ii) increase the availability of health care and educational opportunities; 

(iii) expand physical infrastructure; 

(iv) promote the development of private enterprise; 

and 

(v) encourage the formation of capital markets 

through microcredit or other programs; 

(D) a system to combat corruption and bribery, such as 

ratifying and implementing the United Nations Convention Against Corruption; and 

(E) protection of core labor standards and acceptable 

conditions of work with respect to minimum wages, hours 

of work, and occupational health and safety; 

(2) is eliminating or has eliminated barriers to trade and investment, including by— 

(A) providing national treatment and measures to create 

an environment conducive to domestic and foreign investment; 

(B) protecting intellectual property; and 

(C) resolving bilateral trade and investment disputes; 

(3) does not engage in activities that undermine United 

States national security or foreign policy interests; 


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(4) does not engage in gross violations of internationally recognized human rights; 

(5) does not provide support for acts of international terrorism; and 

(6) cooperates in international efforts to eliminate human 

rights violations and terrorist activities. 

(c) ADDITIONAL FACTORS.—In determining whether to designate 

an area in Afghanistan or Pakistan as a Reconstruction Opportunity Zone, the President shall take into account— 

(1) an expression by the government of the country of its desire to have a particular area designated as a Reconstruction 

Opportunity Zone under this title; 

(2) the capability of the country to establish a program in the 

area meeting the requirements of section 407(d)(3) based on assessments undertaken by the Secretary of Labor and the government of the country of such factors as— 

(A) the geographical suitability of the area for such a 

program; 

(B) the nature of the labor market in the area; 

(C) skills requirements and infrastructure needs for operation of such a program in the area; and 

(D) all other relevant information; 

(3) whether the government of the country has provided the 

United States with a monitoring and enforcement plan outlining specific steps the country will take to cooperate with the 

United States to— 

(A) facilitate legitimate cross-border commerce; 

(B) ensure that articles for which duty-free treatment is 

sought pursuant to this title satisfy the applicable rules of 

origin described in section 404 (c) and (d) or section 405 (c) 

and (d), whichever is applicable; and 

(C) prevent unlawful transshipment, as described in section 406(b)(4); 

(4) the potential for such designation to create local employment and to promote local and regional economic development; 

(5) the physical security of the proposed Reconstruction Opportunity Zone; 

(6) the economic viability of the proposed Reconstruction Opportunity Zone, including— 

(A) whether there are commitments to finance economic 

activity proposed for the Reconstruction Opportunity Zone; 

and 

(B) whether there is existing or planned infrastructure 

for power, water, transportation, and communications in 

the area; 

(7) whether such designation would be compatible with and 

contribute to the foreign policy and national security objectives 

of the United States, taking into account the information provided under subsection (d); and 

(8) the views of interested persons submitted pursuant to 

subsection (e). 

(d) INFORMATION RELATING TO COMPATIBILITY WITH AND CON- TRIBUTION TO FOREIGN POLICY AND NATIONAL SECURITY OBJEC- TIVES OF THE UNITED STATES.—In determining whether designation of a Reconstruction Opportunity Zone would be compatible 


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with and contribute to the foreign policy and national security objectives of the United States in accordance with subsection (c)(7), 

the President shall take into account whether Afghanistan or Pakistan, as the case may be, has provided the United States with a 

plan outlining specific steps it will take to verify the ownership and 

nature of the activities of entities to be located in the proposed Reconstruction Opportunity Zone. The specific steps outlined in a 

country’s plan shall include a mechanism to annually register each 

entity by a competent authority of the country and— 

(1) to collect from each entity operating in, or proposing to 

operate in, a Reconstruction Opportunity Zone, information including— 

(A) the name and address of the entity; 

(B) the name and location of all facilities owned or operated by the entity that are operating in or proposed to be 

operating in a Reconstruction Opportunity Zone; 

(C) the name, nationality, date and place of birth, and 

position title of each person who is an owner, director, or 

officer of the entity; and 

(D) the nature of the activities of each entity; 

(2) to update the information required under paragraph (1) 

as changes occur; and 

(3) to provide such information promptly to the Secretary of 

State. 

(e) OPPORTUNITY FOR PUBLIC COMMENT.—Before the President 

designates an area as a Reconstruction Opportunity Zone pursuant 

to subsection (a), the President shall afford an opportunity for interested persons to submit their views concerning the designation. 

(f) NOTIFICATION TO CONGRESS.—Before the President designates 

an area as a Reconstruction Opportunity Zone pursuant to subsection (a), the President shall notify Congress of the President’s 

intention to make the designation, together with the reasons for 

making the designation. 

SEC. 404. DUTY-FREE TREATMENT FOR CERTAIN NONTEXTILE AND 

NONAPPAREL ARTICLES. 

(a) IN GENERAL.—The President is authorized to proclaim dutyfree treatment for— 

(1) any article from a Reconstruction Opportunity Zone that 

the President has designated as an eligible article under section 503(a)(1)(A) of the Trade Act of 1974 (19 U.S.C. 

2463(a)(1)(A)); 

(2) any article from a Reconstruction Opportunity Zone located in Afghanistan that the President has designated as an 

eligible article under section 503(a)(1)(B) of the Trade Act of 

1974 (19 U.S.C. 2463(a)(1)(B)); or 

(3) any article from a Reconstruction Opportunity Zone that 

is not a textile or apparel article, regardless of whether the article has been designated as an eligible article under section 

503(a)(1)(A) or (B) of the Trade Act of 1974 (19 U.S.C. 

2463(a)(1) (A) or (B)), if, after receiving the advice of the International Trade Commission pursuant to subsection (b), the 

President determines that such article is not import-sensitive 

in the context of imports from a Reconstruction Opportunity 

Zone. 


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(b) ADVICE CONCERNING CERTAIN ELIGIBLE ARTICLES.—Before 

proclaiming duty-free treatment for an article pursuant to subsection (a)(3), the President shall publish in the Federal Register 

and provide the International Trade Commission a list of articles 

which may be considered for such treatment. The provisions of sections 131 through 134 of the Trade Act of 1974 (19 U.S.C. 2151 

through 2154) shall apply to any designation under subsection 

(a)(3) in the same manner as such sections apply to action taken 

under section 123 of the Trade Act of 1974 (19 U.S.C. 2133) regarding a proposed trade agreement. 

(c) GENERAL RULES OF ORIGIN.— (1) IN GENERAL.—The duty-free treatment proclaimed with 

respect to an article described in paragraph (1) or (3) of subsection (a) shall apply to any article subject to such proclamation which is the growth, product, or manufacture of 1 or more 

Reconstruction Opportunity Zones if— 

(A) that article is imported directly from a Reconstruction Opportunity Zone into the customs territory of the 

United States; and 

(B)(i) with respect to an article that is an article of a Reconstruction Opportunity Zone in Pakistan, the sum of— 

(I) the cost or value of the materials produced in 1 

or more Reconstruction Opportunity Zones in Pakistan 

or Afghanistan, 

(II) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones 

in Pakistan or Afghanistan, and 

(III) the cost or value of materials produced in the 

United States, determined in accordance with paragraph (2), 

is not less than 35 percent of the appraised value of the 

article at the time it is entered into the United States; or 

(ii) with respect to an article that is an article of a Reconstruction Opportunity Zone in Afghanistan, the sum 

of— 

(I) the cost or value of the materials produced in 1 

or more Reconstruction Opportunity Zones in Pakistan 

or Afghanistan, 

(II) the cost or value of the materials produced in 1 

or more countries that are members of the South 

Asian Association for Regional Cooperation, 

(III) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones 

in Pakistan or Afghanistan, and 

(IV) the cost or value of materials produced in the 

United States, determined in accordance with paragraph (2), 

is not less than 35 percent of the appraised value of the 

article at the time it is entered into the United States. 

(2) DETERMINATION OF 35 PERCENT FOR ARTICLES FROM RE- CONSTRUCTION OPPORTUNITY ZONES IN PAKISTAN AND AFGHANISTAN.—If the cost or value of materials produced in the customs territory of the United States is included with respect to 

an article described in paragraph (1)(B), for purposes of determining the 35-percent appraised value requirement under 


bajohnson on PROD1PC77 with REPORTS
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clause (i) or (ii) of paragraph (1)(B), not more than 15 percent 

of the appraised value of the article at the time the article is 

entered into the United States may be attributable to the cost 

or value of such United States materials. 

(d) RULES OF ORIGIN FOR CERTAIN ARTICLES OF RECONSTRUCTION

OPPORTUNITY ZONES IN AFGHANISTAN.— (1) IN GENERAL.—The duty-free treatment proclaimed with 

respect to an article described in paragraph (2) of subsection 

(a) shall apply to any article subject to such proclamation 

which is the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones in Afghanistan if— 

(A) that article is imported directly from a Reconstruction Opportunity Zone in Afghanistan into the customs territory of the United States; and 

(B) with respect to that article, the sum of— 

(i) the cost or value of the materials produced in 1 

or more Reconstruction Opportunity Zones in Afghanistan, 

(ii) the cost or value of the materials produced in 1 

or more countries that are members of the South 

Asian Association for Regional Cooperation, 

(iii) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones 

in Afghanistan, and 

(iv) the cost or value of materials produced in the 

United States, determined in accordance with paragraph (2), 

is not less than 35 percent of the appraised value of the 

product at the time it is entered into the United States. 

(2) DETERMINATION OF 35 PERCENT FOR ARTICLES FROM RE- CONSTRUCTION OPPORTUNITY ZONES IN PAKISTAN AND AFGHANISTAN.—If the cost or value of materials produced in the customs territory of the United States is included with respect to 

an article described in paragraph (1)(B), for purposes of determining the 35-percent appraised value requirement under 

paragraph (1)(B), not more than 15 percent of the appraised 

value of the article at the time the article is entered into the 

United States may be attributable to the cost or value of such 

United States materials. 

(e) EXCLUSIONS.—An article shall not be treated as the growth, 

product, or manufacture of 1 or more Reconstruction Opportunity 

Zones, and no material shall be included for purposes of determining the 35-percent appraised value requirement under subsection (c)(1) or (d)(1), by virtue of having merely undergone— 

(1) simple combining or packaging operations; or 

(2) mere dilution with water or with another substance that 

does not materially alter the characteristics of the article or 

material. 

(f) DIRECT COSTS OF PROCESSING OPERATIONS.— (1) IN GENERAL.—As used in subsections (c)(1)(B)(i)(II), 

(c)(1)(B)(ii)(III), and (d)(1)(B)(iii), the term ‘‘direct costs of processing operations’’ includes, but is not limited to— 

(A) all actual labor costs involved in the growth, production, manufacture, or assembly of the article, including— 

(i) fringe benefits; 


bajohnson on PROD1PC77 with REPORTS
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(ii) on-the-job training; and 

(iii) costs of engineering, supervisory, quality control, and similar personnel; and 

(B) dies, molds, tooling, and depreciation on machinery 

and equipment which are allocable to the article. 

(2) EXCLUDED COSTS.—As used in subsections (c)(1)(B)(i)(II), 

(c)(1)(B)(ii)(III), and (d)(1)(B)(iii), the term ‘‘direct costs of processing operations’’ does not include costs which are not directly 

attributable to the article or are not costs of manufacturing the 

article, such as— 

(A) profit; and 

(B) general expenses of doing business which are either 

not allocable to the article or are not related to the growth, 

production, manufacture, or assembly of the article, such 

as administrative salaries, casualty and liability insurance, 

advertising, and salesmen’s salaries, commissions, or expenses. 

(g) REGULATIONS.—The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe 

such regulations as may be necessary to carry out this section. The 

regulations may provide that, in order for an article to be eligible 

for duty-free treatment under this section, the article— 

(1) shall be wholly the growth, product, or manufacture of 1 

or more Reconstruction Opportunity Zones; or 

(2) shall be a new or different article of commerce which has 

been grown, produced, or manufactured in 1 or more Reconstruction Opportunity Zones. 

SEC. 405. DUTY-FREE TREATMENT FOR CERTAIN TEXTILE AND APPAREL ARTICLES. 

(a) DUTY-FREE TREATMENT.—The President is authorized to proclaim duty-free treatment for any textile or apparel article described in subsection (b), if— 

(1) the article is a covered article described in subsection (b); 

and 

(2) the President determines that the country in which the 

Reconstruction Opportunity Zone is located has satisfied the 

requirements set forth in section 406. 

(b) COVERED ARTICLES.—A covered article described in this subsection is an article in 1 of the following categories: 

(1) ARTICLES OF RECONSTRUCTION OPPORTUNITY ZONES.—An 

article that is the product of 1 or more Reconstruction Opportunity Zones and falls within the scope of 1 of the following 

textile and apparel category numbers, as set forth in the HTS 

(as in effect on September 1, 2007): 

237 ............................................. 641 ............................................ 751 

330 ............................................. 642 ............................................ 752 

331 ............................................. 643 ............................................ 758 

333 ............................................. 644 ............................................ 759 

334 ............................................. 650 ............................................ 831 

335 ............................................ 651 ............................................ 832 

336 ............................................ 653 ............................................ 833 

341 ............................................. 654 ............................................ 834 

342 ............................................. 665 ............................................ 835 

350 ............................................. 669 ............................................ 836 

351 ............................................. 733 ............................................ 838 

353 ............................................. 734 ............................................ 839 

354 ............................................. 735 ............................................ 840 


bajohnson on PROD1PC77 with REPORTS
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360 ............................................. 736 ............................................ 842 

361 ............................................. 738 ............................................ 843 

362 ............................................. 739 ............................................ 844 

363 ............................................. 740 ............................................ 845 

369 ............................................. 741 ............................................ 846 

465 ............................................. 742 ............................................ 850 

469 ............................................. 743 ............................................ 851 

630 ............................................. 744 ............................................ 852 

631 ............................................. 745 ............................................ 858 

633 ............................................. 746 ............................................ 859 

634 ............................................. 747 ............................................ 863 

635 ............................................. 748 ............................................ 899 

636 ............................................. 750 

(2) ARTICLES OF RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN.—The article is the product of 1 or more Reconstruction Opportunity Zones in Afghanistan and falls within 

the scope of 1 of the following textile and apparel category 

numbers, as set forth in the HTS (as in effect on September 

1, 2007): 

201 ............................................. 439 ............................................ 459 

414 ............................................. 440 ............................................ 464 

431 ............................................. 442 ............................................ 670 

433 ............................................. 444 ............................................ 800 

434 ............................................. 445 ............................................ 810 

435 ............................................. 446 ............................................ 870 

436 ............................................. 448 ............................................ 871 

438 

(3) CERTAIN OTHER TEXTILE AND APPAREL ARTICLES.—The article is the product of 1 or more Reconstruction Opportunity 

Zones and falls within the scope of 1 of the following textile 

and apparel category numbers as set forth in the HTS (as in 

effect on September 1, 2007) and is covered by the corresponding description for such category: 

(A) CATEGORY 239.—An article in category 239 (relating 

to cotton and man-made fiber babies’ garments) except for 

baby socks and baby booties described in subheading 

6111.20.6050, 6111.30.5050, or 6111.90.5050 of the HTS. 

(B) CATEGORY 338.—An article in category 338 (relating 

to men’s and boys’ cotton knit shirts) if the article is a certain knit-to-shape garment that meets the definition included in Statistical Note 6 to Chapter 61 of the HTS, and 

is provided for in subheading 6110.20.1026, 6110.20.2067 

or 6110.90.9067 of the HTS. 

(C) CATEGORY 339.—An article in category 339 (relating 

to women’s and girls’ cotton knit shirts and blouses) if the 

article is a knit-to-shape garment that meets the definition 

included in Statistical Note 6 to Chapter 61 of the HTS, 

and is provided for in subheading 6110.20.1031, 

6110.20.2077, or 6110.90.9071 of the HTS. 

(D) CATEGORY 359.—An article in category 359 (relating 

to other cotton apparel) except swimwear provided for in 

subheading 6112.39.0010, 6112.49.0010, 6211.11.8010, 

6211.11.8020, 6211.12.8010, or 6211.12.8020 of the HTS. 

(E) CATEGORY 632.—An article in category 632 (relating 

to man-made fiber hosiery) if the article is panty hose provided for in subheading 6115.21.0020 of the HTS. 

(F) CATEGORY 638.—An article in category 638 (relating 

to men’s and boys’ man-made fiber knit shirts) if the artiVerDate Nov 24 2008 06:29 Jun 10, 2009 Jkt 079008 PO 00000 Frm 00016 Fmt 6659 Sfmt 6602 E:\HR\OC\HR143.XXX HR143

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cle is a knit-to-shape garment that meets the definition included in Statistical Note 6 to Chapter 61 of the HTS, and 

is provided for in subheading 6110.30.2051, 6110.30.3051, 

or 6110.90.9079 of the HTS. 

(G) CATEGORY 639.—An article in category 639 (relating 

to women’s and girls’ man-made fiber knit shirts and 

blouses) if the article is a knit-to-shape garment that 

meets the definition included in Statistical Note 6 to Chapter 61 of the HTS, and is provided for in subheading 

6110.30.2061, 6110.30.3057, or 6110.90.9081 of the HTS. 

(H) CATEGORY 647.—An article in category 647 (relating 

to men’s and boys’ man-made fiber trousers) if the article 

is ski/snowboard pants that meets the definition included 

in Statistical Note 4 to Chapter 62 of the HTS, and is provided for in subheading 6203.43.3510, 6210.40.5031, or 

6211.20.1525 of the HTS. 

(I) CATEGORY 648.—An article in category 648 (relating 

to women’s and girls’ man-made fiber trousers) if the article is ski/snowboard pants that meets the definition included in Statistical Note 4 to Chapter 62 of the HTS, and 

is provided for in subheading 6204.63.3010, 6210.50.5031, 

or 6211.20.1555 of the HTS. 

(J) CATEGORY 659.—An article in category 659 (relating 

to other man-made fiber apparel) except for swimwear provided for in subheading 6112.31.0010, 6112.31.0020, 

6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 

6211.11.1010, 6211.11.1020, 6211.12.1010, or 6211.12.1020 

of the HTS. 

(K) CATEGORY 666.—An article in category 666 (relating 

to other man-made fiber furnishings) except for window 

shades and window blinds provided for in subheading 

6303.12.0010 or 6303.92.2030 of the HTS. 

(4) CERTAIN OTHER ARTICLES.—The article is the product of 

1 or more Reconstruction Opportunity Zones and falls within 

the scope of 1 of the following statistical reporting numbers of 

the HTS (as in effect on September 1, 2007): 


bajohnson on PROD1PC77 with REPORTS
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4202.12.8010 ............................. 6210.20.3000 ............................ 6304.99.1000 

4202.12.8050 ............................. 6210.20.7000 ............................ 6304.99.2500 

4202.22.4010 ............................. 6210.30.3000 ............................ 6304.99.4000 

4202.22.7000 ............................. 6210.30.7000 ............................ 6304.99.6030 

4202.22.8070 ............................. 6210.40.3000 ............................ 6306.22.9010 

4202.92.3010 ............................. 6210.40.7000 ............................ 6306.29.1100 

4202.92.6010 ............................. 6210.50.3000 ............................ 6306.29.2100 

4202.92.9010 ............................. 6210.50.7000 ............................ 6306.40.4100 

4202.92.9015 ............................. 6211.20.0810 ............................ 6306.40.4900 

5601.29.0010 ............................. 6211.20.0820 ............................ 6306.91.0000 

5702.39.2090 ............................. 6211.32.0003 ............................ 6306.99.0000 

5702.49.2000 ............................. 6211.33.0003 ............................ 6307.10.2030 

5702.50.5900 ............................. 6211.42.0003 ............................ 6307.20.0000 

5702.99.2000 ............................. 6211.43.0003 ............................ 6307.90.7200 

5703.90.0000 ............................. 6212.10.3000 ............................ 6307.90.7500 

5705.00.2090 ............................. 6212.10.7000 ............................ 6307.90.8500 

6108.22.1000 ............................. 6212.90.0050 ............................ 6307.90.8950 

6111.90.7000 ............................. 6213.90.0500 ............................ 6307.90.8985 

6113.00.1005 ............................. 6214.10.1000 ............................ 6310.90.1000 

6113.00.1010 ............................. 6216.00.0800 ............................ 6406.99.1580 

6113.00.1012 ............................. 6216.00.1300 ............................ 6501.00.6000 

6115.29.4000 ............................. 6216.00.1900 ............................ 6502.00.2000 

6115.30.1000 ............................. 6216.00.2600 ............................ 6502.00.4000 

6115.99.4000 ............................. 6216.00.3100 ............................ 6502.00.9060 

6116.10.0800 ............................. 6216.00.3500 ............................ 6504.00.3000 

6116.10.1300 ............................. 6216.00.4600 ............................ 6504.00.6000 

6116.10.4400 ............................. 6217.10.1010 ............................ 6504.00.9045 

6116.10.6500 ............................. 6217.10.8500 ............................ 6504.00.9075 

6116.10.9500 ............................. 6301.90.0020 ............................ 6505.10.0000 

6116.92.0800 ............................. 6302.29.0010 ............................ 6505.90.8015 

6116.93.0800 ............................. 6302.39.0020 ............................ 6505.90.9050 

6116.99.3500 ............................. 6302.59.3010 ............................ 6505.90.9076 

6117.10.4000 ............................. 6302.99.1000 ............................ 9404.90.2000 

6117.80.3010 ............................. 6303.99.0030 ............................ 9404.90.8523 

6117.80.8500 ............................. 6304.19.3030 ............................ 9404.90.9523 

6210.10.2000 ............................. 6304.91.0060 ............................ 9404.90.9570 

6210.10.7000 

(c) RULES OF ORIGIN FOR CERTAIN COVERED ARTICLES.— 

(1) GENERAL RULES.—Except with respect to an article listed 

in paragraph (2) of subsection (b), duty-free treatment may be 

proclaimed for an article listed in subsection (b) only if the article is imported directly into the customs territory of the 

United States from a Reconstruction Opportunity Zone and— 

(A) the article is wholly the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones; 

(B) the article is a yarn, thread, twine, cordage, rope, 

cable, or braiding, and— 

(i) the constituent staple fibers are spun in, or 

(ii) the continuous filament fiber is extruded in, 

1 or more Reconstruction Opportunity Zones; 

(C) the article is a fabric, including a fabric classifiable 

under chapter 59 of the HTS, and the constituent fibers, 

filaments, or yarns are woven, knitted, needled, tufted, 

felted, entangled, or transformed by any other fabric-making process in 1 or more Reconstruction Opportunity 

Zones; or 

(D) the article is any other textile or apparel article that 

is cut (or knit-to-shape) and sewn or otherwise assembled 

in 1 or more Reconstruction Opportunity Zones from its 

component pieces. 

(2) SPECIAL RULES.— 


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(A) CERTAIN MADE-UP ARTICLES, TEXTILE ARTICLES IN

THE PIECE, AND CERTAIN OTHER TEXTILES AND TEXTILE AR- TICLES.—Notwithstanding paragraph (1)(D) and except as 

provided in subparagraphs (C) and (D) of this paragraph, 

subparagraph (A), (B), or (C) of paragraph (1), as appropriate, shall determine whether a good that is classifiable 

under 1 of the following headings or subheadings of the 

HTS shall be considered to meet the rules of origin of this 

subsection: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 

6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 

6308, and 9404.90. 

(B) CERTAIN KNIT-TO-SHAPE TEXTILES AND TEXTILE ARTI- CLES.—Notwithstanding paragraph (1)(D) and except as 

provided in subparagraphs (C) and (D) of this paragraph, 

a textile or apparel article that is wholly formed on seamless knitting machines or by hand-knitting in 1 or more 

Reconstruction Opportunity Zones shall be considered to 

meet the rules of origin of this subsection. 

(C) CERTAIN DYED AND PRINTED TEXTILES AND TEXTILE

ARTICLES.—Notwithstanding paragraph (1)(D), an article 

classifiable under subheading 6117.10, 6213.00, 6214.00, 

6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 

6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 

6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for 

an article classifiable under 1 of such subheadings as of 

cotton or of wool or consisting of fiber blends containing 16 

percent or more by weight of cotton, shall be considered to 

meet the rules of origin of this subsection if the fabric in 

the article is both dyed and printed in 1 or more Reconstruction Opportunity Zones, and such dyeing and printing 

is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, 

permanent stiffening, weighting, permanent embossing, or 

moireing. 

(D) FABRICS OF SILK, COTTON, MAN-MADE FIBER, OR VEGE- TABLE FIBER.—Notwithstanding paragraph (1)(C), a fabric 

classifiable under the HTS as of silk, cotton, man-made 

fiber, or vegetable fiber shall be considered to meet the 

rules of origin of this subsection if the fabric is both dyed 

and printed in 1 or more Reconstruction Opportunity 

Zones, and such dyeing and printing is accompanied by 2 

or more of the following finishing operations: bleaching, 

shrinking, fulling, napping, decating, permanent stiffening, 

weighting, permanent embossing, or moireing. 

(d) RULES OF ORIGIN FOR COVERED ARTICLES THAT ARE PRODUCTS OF 1 OR MORE RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN.— 

(1) GENERAL RULES.—Duty-free treatment may be proclaimed for an article listed in paragraph (2) of subsection (b) 

only if the article is imported directly into the customs territory of the United States from a Reconstruction Opportunity 

Zone in Afghanistan and— 

(A) the article is wholly the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones in Afghanistan, 


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(B) the article is a yarn, thread, twine, cordage, rope, 

cable, or braiding, and— 

(i) the constituent staple fibers are spun in, or 

(ii) the continuous filament fiber is extruded in, 

1 or more Reconstruction Opportunity Zones in Afghanistan; 

(C) the article is a fabric, including a fabric classifiable 

under chapter 59 of the HTS, and the constituent fibers, 

filaments, or yarns are woven, knitted, needled, tufted, 

felted, entangled, or transformed by any other fabric-making process in 1 or more Reconstruction Opportunity Zones 

in Afghanistan; or 

(D) the article is any other textile or apparel article that 

is cut (or knit-to-shape) and sewn or otherwise assembled 

in 1 or more Reconstruction Opportunity Zones in Afghanistan from its component pieces. 

(2) SPECIAL RULES.— (A) CERTAIN MADE-UP ARTICLES, TEXTILE ARTICLES IN

THE PIECE, AND CERTAIN OTHER TEXTILES AND TEXTILE AR- TICLES.—Notwithstanding paragraph (1)(D) and except as 

provided in subparagraphs (C) and (D) of this paragraph, 

subparagraph (A), (B), or (C) of paragraph (1), as appropriate, shall determine whether a good that is classifiable 

under 1 of the following headings or subheadings of the 

HTS shall be considered to meet the rules of origin of this 

subsection: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 

6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 

6308, and 9404.90. 

(B) CERTAIN KNIT-TO-SHAPE TEXTILES AND TEXTILE ARTI- CLES.—Notwithstanding paragraph (1)(D) and except as 

provided in subparagraphs (C) and (D) of this paragraph, 

a textile or apparel article that is wholly formed on seamless knitting machines or by hand-knitting in 1 or more 

Reconstruction Opportunity Zones in Afghanistan shall be 

considered to meet the rules of origin of this subsection. 

(C) CERTAIN DYED AND PRINTED TEXTILES AND TEXTILE

ARTICLES.—Notwithstanding paragraph (1)(D), an article 

classifiable under subheading 6117.10, 6213.00, 6214.00, 

6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 

6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 

6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for 

an article classifiable under 1 of such subheadings as of 

cotton or of wool or consisting of fiber blends containing 16 

percent or more by weight of cotton, shall be considered to 

meet the rules of origin of this subsection if the fabric in 

the article is both dyed and printed in 1 or more Reconstruction Opportunity Zones in Afghanistan, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, 

napping, decating, permanent stiffening, weighting, permanent embossing, or moireing. 

(D) FABRICS OF SILK, COTTON, MAN-MADE FIBER OR VEGE- TABLE FIBER.—Notwithstanding paragraph (1)(C), a fabric 

classifiable under the HTS as of silk, cotton, man-made 

fiber, or vegetable fiber shall be considered to meet the 


bajohnson on PROD1PC77 with REPORTS
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rules of origin of this subsection if the fabric is both dyed 

and printed in 1 or more Reconstruction Opportunity 

Zones in Afghanistan, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, 

permanent stiffening, weighting, permanent embossing, or 

moireing. 

(e) REGULATIONS.—The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe 

such regulations as may be necessary to carry out this section. 

SEC. 406. PROTECTIONS AGAINST UNLAWFUL TRANSSHIPMENT. 

(a) DUTY-FREE TREATMENT CONDITIONED ON ENFORCEMENT

MEASURES.— 

(1) IN GENERAL.—The duty-free treatment described in section 405 shall not be provided to covered articles that are imported from a Reconstruction Opportunity Zone in a country 

unless the President determines that country meets the following criteria: 

(A) The country has adopted— 

(i) an effective visa or electronic certification system; 

and 

(ii) domestic laws and enforcement procedures applicable to covered articles to prevent unlawful transshipment of the articles and the use of false documents relating to the importation of the articles into 

the United States. 

(B) The country has enacted legislation or promulgated 

regulations that would permit U.S. Customs and Border 

Protection verification teams to have the access necessary 

to investigate thoroughly allegations of unlawful transshipment through such country. 

(C) The country agrees to provide U.S. Customs and Border Protection with a monthly report on shipments of covered articles from each producer of those articles in a Reconstruction Opportunity Zone in that country. 

(D) The country will cooperate fully with the United 

States to address and take action necessary to prevent circumvention, as described in Article 5 of the Agreement on 

Textiles and Clothing. 

(E) The country agrees to require each producer of a covered article in a Reconstruction Opportunity Zone in that 

country to register with the competent government authority, to provide that authority with the following information, and to update that information as changes occur: 

(i) The name and address of the producer, including 

the location of all textile or apparel facilities owned or 

operated by that producer in Afghanistan or Pakistan. 

(ii) The telephone number, facsimile number, and 

electronic mail address of the producer. 

(iii) The names and nationalities of the producer’s 

owners, directors, and corporate officers, and their positions. 

(iv) The number of employees the producer employs 

and their occupations. 


bajohnson on PROD1PC77 with REPORTS
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(v) A general description of the covered articles of 

the producer and the producer’s production capacity. 

(vi) The number and type of machines the producer 

uses to produce textile or apparel articles at each facility. 

(vii) The approximate number of hours the machines 

operate per week. 

(viii) The identity of any supplier to the producer of 

textile or apparel goods, or fabrics, yarns, or fibers 

used in the production of textile or apparel goods. 

(ix) The name of, and contact information for, each 

of the producer’s customers in the United States. 

(F) The country agrees to provide to U.S. Customs and 

Border Protection on a timely basis all of the information 

received by the competent government authority in accordance with subparagraph (E) and to provide U.S. Customs 

and Border Protection with an annual update of that information. 

(G) The country agrees to require that all producers and 

exporters of covered articles in a Reconstruction Opportunity Zone in that country maintain complete records of 

the production and the export of covered articles, including 

materials used in the production, for at least 5 years after 

the production or export (as the case may be). 

(H) The country agrees to provide, on a timely basis, at 

the request of U.S. Customs and Border Protection, documentation establishing the eligibility of covered articles for 

duty-free treatment under section 405. 

(2) DOCUMENTATION ESTABLISHING ELIGIBILITY OF ARTICLES

FOR DUTY-FREE TREATMENT.—For purposes of paragraph (1)(H), 

documentation establishing the eligibility of a covered article 

for duty-free treatment under section 405 includes documentation such as production records, information relating to the 

place of production, the number and identification of the types 

of machinery used in production, the number of workers employed in production, and certification from both the producer 

and the exporter. 

(b) CUSTOMS PROCEDURES AND ENFORCEMENT.— (1) IN GENERAL.— (A) REGULATIONS.—The Secretary of the Treasury, after 

consultation with the United States Trade Representative, 

shall promulgate regulations setting forth customs procedures similar in all material respects to the requirements 

of article 502(1) of the NAFTA as implemented pursuant 

to United States law, which shall apply to any importer 

that claims duty-free treatment for an article under section 405. 

(B) DETERMINATION.—In order for articles produced in a 

Reconstruction Opportunity Zone to qualify for the dutyfree treatment under section 405, there shall be in effect 

a determination by the President that Afghanistan or 

Pakistan, as the case may be— 

(i) has implemented and follows, or 

(ii) is making substantial progress toward implementing and following, 


bajohnson on PROD1PC77 with REPORTS
23 

procedures and requirements similar in all material respects to the relevant procedures and requirements under 

chapter 5 of the NAFTA. 

(2) CERTIFICATE OF ORIGIN.—A certificate of origin that otherwise would be required pursuant to the provisions of paragraph (1) shall not be required in the case of an article imported under section 405 if such certificate of origin would not 

be required under article 503 of the NAFTA, as implemented 

pursuant to United States law, if the article were imported 

from Mexico. 

(3) PENALTIES.—If the President determines, based on sufficient evidence, that an entity has engaged in unlawful transshipment described in paragraph (4), the President shall deny 

for a period of 5 years beginning on the date of the determination all benefits under section 405 to the entity, any successor 

of the entity, and any other entity owned, operated, or controlled by the principals of the entity. 

(4) UNLAWFUL TRANSSHIPMENT DESCRIBED.—For purposes of 

this section, unlawful transshipment occurs when duty-free 

treatment for a covered article has been claimed on the basis 

of material false information concerning the country of origin, 

manufacture, processing, or assembly of the article or any of 

its components. For purposes of the preceding sentence, false 

information is material if disclosure of the true information 

would mean or would have meant that the article is or was ineligible for duty-free treatment under section 405. 

(5) MONITORING AND REPORTS TO CONGRESS.—U.S. Customs 

and Border Protection shall monitor and the Commissioner responsible for U.S. Customs and Border Protection shall submit 

to Congress, not later than March 31 of each year, a report on 

the effectiveness of the visa or electronic certification systems 

and the implementation of legislation and regulations described in subsection (a) and on measures taken by Afghanistan and Pakistan to prevent circumvention as described in article 5 of the Agreement on Textile and Clothing. 

(c) ADDITIONAL CUSTOMS ENFORCEMENT.—U.S. Customs and Border Protection shall— 

(1) make available technical assistance to Afghanistan and 

Pakistan— 

(A) in the development and implementation of visa or 

electronic certification systems, legislation, and regulations 

described in subsection (a)(1)(A) and (B); and 

(B) to train their officials in anti-transshipment enforcement; 

(2) send production verification teams to Afghanistan and 

Pakistan as necessary; and 

(3) to the extent feasible, place Afghanistan and Pakistan on 

a relevant e-certification program. 

(d) AUTHORIZATION OF APPROPRIATIONS.—To carry out subsection 

(c), there are authorized to be appropriated to U.S. Customs and 

Border Protection $10,000,000 for each of the fiscal years 2010 

through 2023. 

SEC. 407. TECHNICAL ASSISTANCE, CAPACITY BUILDING, COMPLIANCE ASSESSMENT, AND REMEDIATION PROGRAM. 

(a) DEFINITIONS.—In this section: 


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(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term 

‘‘appropriate congressional committees’’ means— 

(A) the Committee on Finance and the Committee on 

Armed Services of the Senate; and 

(B) the Committee on Ways and Means and the Committee on Armed Services of the House of Representatives. 

(2) TEXTILE OR APPAREL PRODUCER.—The term ‘‘textile or apparel producer’’ means a producer of a covered article described 

in section 405(b) that is located in a Reconstruction Opportunity Zone. 

(b) ELIGIBILITY.— (1) PRESIDENTIAL CERTIFICATION OF COMPLIANCE BY AFGHANI- STAN OR PAKISTAN WITH REQUIREMENTS.—Upon the expiration 

of the 16-month period beginning on the date on which the 

President designates an area within Afghanistan or Pakistan, 

as the case may be, as a Reconstruction Opportunity Zone 

under section 403(a), duty-free treatment proclaimed under 

section 404(a) or 405(a) for articles from such Reconstruction 

Opportunity Zone may remain in effect only if the President 

determines and certifies to Congress that Afghanistan or Pakistan, as the case may be— 

(A) has implemented the requirements set forth in subsections (c) and (d) with respect to such Reconstruction Opportunity Zone; and 

(B) has agreed to require textile or apparel producers in 

such Reconstruction Opportunity Zone to participate in the 

program described in subsection (d) and has developed a 

system to ensure participation in such program by such 

producers, including by developing and maintaining the 

registry described in subsection (c)(2)(A). 

(2) EXTENSION.— (A) INITIAL EXTENSION.—The President may extend the 

period for compliance by Afghanistan or Pakistan under 

paragraph (1) for an initial 6-month period if the President— 

(i) determines that Afghanistan or Pakistan, as the 

case may be, has made a good faith effort toward implementing the requirements set forth in paragraph 

(1) (A) and (B) and has agreed to take additional steps 

towards implementing such requirements that are satisfactory to the President; and 

(ii) provides to the appropriate congressional committees, not later than 30 days before the last day of 

the 16-month period specified in paragraph (1), a report identifying the additional steps that Afghanistan 

or Pakistan, as the case may be, has agreed to take as 

described in clause (i). 

(B) SUBSEQUENT EXTENSIONS.—The President may extend the period for compliance by Afghanistan or Pakistan 

under paragraph (1) for subsequent 6-month periods if, 

with respect to each such extension, the President— 

(i) provides an opportunity for public comment and 

a public hearing on the possible extension not later 

than 45 days before the last day of the existing 6- 

month extension; 


bajohnson on PROD1PC77 with REPORTS
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(ii) consults with the Secretary of Labor and the appropriate congressional committees with respect to the 

possible extension not later than 45 days before the 

last day of the existing 6-month extension; 

(iii) determines, taking into account any public comments and input received during the public hearing 

described in clause (i) and the consultations described 

in clause (ii), that extraordinary circumstances exist 

that preclude Afghanistan or Pakistan, as the case 

may be, from meeting the requirements set forth in 

paragraph (1) (A) and (B); and 

(iv) publishes in the Federal Register a notice that 

describes— 

(I) the extraordinary circumstances described in 

clause (iii); 

(II) the reasons why the extraordinary circumstances preclude Afghanistan or Pakistan, as 

the case may be, from meeting the requirements 

set forth in paragraph (1) (A) and (B); and 

(III) the steps Afghanistan or Pakistan, as the 

case may be, will take during the 6-month period 

of the extension to implement the requirements 

set forth in paragraph (1) (A) and (B). 

(3) CONTINUING COMPLIANCE.— (A) TERMINATION OF DUTY-FREE TREATMENT.—If, after 

making a certification under paragraph (1), the President 

determines that Afghanistan or Pakistan is no longer 

meeting the requirements set forth in paragraph (1) (A) 

and (B), the President shall terminate the duty-free treatment proclaimed under section 404(a) or 405(a). 

(B) CONTINUATION OF DUTY-FREE TREATMENT NOTWITHSTANDING NONCOMPLIANCE.— 

(i) INITIAL 6-MONTH CONTINUATION.—Notwithstanding subparagraph (A), if, after making a certification under paragraph (1), the President determines 

that Afghanistan or Pakistan is no longer meeting the 

requirements set forth in paragraph (1) (A) and (B), 

the President may extend the duty-free treatment proclaimed under section 404(a) or 405(a) for an initial 6- 

month period if the President— 

(I) determines, after consultation with the Secretary of Labor and the appropriate congressional 

committees, that extraordinary circumstances 

exist that preclude Afghanistan or Pakistan, as 

the case may be, from continuing to meet the requirements set forth in paragraph (1) (A) and (B); 

and 

(II) publishes in the Federal Register a notice, 

not later than 30 days after making the determination under subclause (I), that describes— 

(aa) the extraordinary circumstances described in subclause (I); and 

(bb) the reasons why the extraordinary circumstances preclude Afghanistan or Pakistan, 

as the case may be, from continuing to meet 


bajohnson on PROD1PC77 with REPORTS
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the requirements set forth in paragraph (1) 

(A) and (B). 

(ii) SUBSEQUENT 6-MONTH CONTINUATION.—The 

President may extend the duty-free treatment proclaimed under section 404(a) or 405(a) for a subsequent 6-month period if, with respect to such extension, the President makes a determination that meets 

the requirements of clause (i)(I) and publishes in the 

Federal Register a notice that meets the requirements 

of clause (i)(II). 

(C) SUBSEQUENT COMPLIANCE.—If the President, after 

terminating duty-free treatment under subparagraph (A), 

determines that Afghanistan or Pakistan, as the case may 

be, is implementing the requirements set forth in paragraph (1) (A) and (B) and meets the requirements of section 403, the President shall reinstate the application of 

duty-free treatment proclaimed under section 404(a) or 

405(a). 

(c) LABOR OFFICIAL.— (1) IN GENERAL.—The requirement under this subsection is 

that Afghanistan or Pakistan, as the case may be, has designated a labor official within the national government that— 

(A) reports directly to the President of Afghanistan or 

Pakistan, as the case may be; 

(B) is chosen by the President of Afghanistan or Pakistan, as the case may be, in consultation with labor unions 

and industry associations; and 

(C) is vested with the authority to perform the functions 

described in paragraph (2). 

(2) FUNCTIONS.—The functions of the labor official shall include— 

(A) developing and maintaining a registry of textile or 

apparel producers, and developing, in consultation and coordination with any other appropriate officials of the Government of Afghanistan or Pakistan, as the case may be, 

a system to ensure participation by such producers in the 

program described in subsection (d); 

(B) overseeing the implementation of the program described in subsection (d); 

(C) receiving and investigating comments from any interested party regarding the conditions described in subsection (d)(2) in facilities of textile or apparel producers 

listed in the registry described in subparagraph (A) and, 

where appropriate, referring such comments or the result 

of such investigations to the appropriate authorities of Afghanistan or Pakistan, as the case may be, and to the entity operating the program described in subsection (d); 

(D) assisting, in consultation and coordination with any 

other appropriate authorities of Afghanistan or Pakistan, 

as the case may be, textile or apparel producers listed in 

the registry described in subparagraph (A) in meeting the 

conditions set forth in subsection (d)(2); and 

(E) coordinating, with the assistance of the entity operating the program described in subsection (d), a tripartite 

committee comprised of appropriate representatives of govVerDate Nov 24 2008 06:29 Jun 10, 2009 Jkt 079008 PO 00000 Frm 00026 Fmt 6659 Sfmt 6602 E:\HR\OC\HR143.XXX HR143

bajohnson on PROD1PC77 with REPORTS
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ernment agencies, employers, and workers, as well as 

other relevant interested parties, for the purposes of evaluating progress in implementing the program described in 

subsection (d), and consulting on improving core labor 

standards and working conditions in the textile and apparel sector in Afghanistan or Pakistan, as the case may 

be, and on other matters of common concern relating to 

such core labor standards and working conditions. 

(d) TECHNICAL ASSISTANCE, CAPACITY BUILDING, COMPLIANCE AS- SESSMENT, AND REMEDIATION PROGRAM.— (1) IN GENERAL.—The requirement under this subsection is 

that Afghanistan or Pakistan, as the case may be, in cooperation with the entity designated by the Secretary of Labor under 

paragraph (3)(A)(i), has established a program meeting the requirements under paragraph (3)— 

(A) to assess compliance by textile or apparel producers 

listed in the registry described in subsection (c)(2)(A) with 

the conditions set forth in paragraph (2) and to assist such 

producers in meeting such conditions; and 

(B) to provide assistance to improve the capacity of the 

Government of Afghanistan or Pakistan, as the case may 

be— 

(i) to inspect facilities of textile or apparel producers 

listed in the registry described in subsection (c)(2)(A); 

and 

(ii) to enforce national labor laws and resolve labor 

disputes, including through measures described in 

paragraph (5). 

(2) CONDITIONS DESCRIBED.—The conditions referred to in 

paragraph (1) are— 

(A) compliance with core labor standards; and 

(B) compliance with the labor laws of Afghanistan or 

Pakistan, as the case may be, that relate directly to core 

labor standards and to ensuring acceptable conditions of 

work with respect to minimum wages, hours of work, and 

occupational health and safety. 

(3) REQUIREMENTS.—The requirements for the program are 

that the program— 

(A) is operated by an entity that— 

(i) is designated by the Secretary of Labor, in consultation with appropriate officials of the Government 

of Afghanistan or Pakistan, as the case may be; 

(ii) operates independently of the Government of Afghanistan or Pakistan, as the case may be; 

(iii) has expertise relating to monitoring of core 

labor standards; 

(iv) if the entity designated under clause (i) is an entity other than the International Labor Organization, 

is subject to evaluation by the International Labor Organization at the request of the Secretary of Labor, including— 

(I) annual review of the operation of the program; and 

(II) annual recommendations to the entity operating the program, the Government of AfghaniVerDate Nov 24 2008 06:29 Jun 10, 2009 Jkt 079008 PO 00000 Frm 00027 Fmt 6659 Sfmt 6602 E:\HR\OC\HR143.XXX HR143

bajohnson on PROD1PC77 with REPORTS
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stan or Pakistan, as the case may be, and the Secretary of Labor to improve the operation of the 

program; 

(v) prepares the annual report described in paragraph (4); 

(B) is developed through a participatory process that includes the labor official described in subsection (c) of Afghanistan or Pakistan, as the case may be, and appropriate representatives of government agencies, employers, 

and workers; 

(C) assess compliance by each textile or apparel producer 

listed in the registry described in subsection (c)(2)(A) with 

the conditions set forth in paragraph (2) and identify any 

deficiencies by such producer with respect to meeting such 

conditions, including by— 

(i) conducting site visits to facilities of the producer; 

(ii) conducting confidential interviews with workers 

and management of the facilities of the producer; and 

(iii) providing to management and workers, and 

where applicable, worker organizations of the producer, on a confidential basis— 

(I) the results of the assessment carried out 

under this subparagraph; and 

(II) specific suggestions for remediating any 

such deficiencies; 

(D) assist the textile or apparel producer in remediating 

any deficiencies identified under subparagraph (C); 

(E) conduct prompt follow-up site visits to the facilities 

of the textile or apparel producer to assess progress on remediation of any deficiencies identified under subparagraph (C); and 

(F) provide training to workers and management of the 

textile or apparel producer, and where appropriate, to 

other persons or entities, to promote compliance with paragraph (2). 

(4) ANNUAL REPORT.—The annual report referred to in paragraph (3)(A)(v) is a report, by the entity operating the program, 

that is published (and available to the public in a readily accessible manner) on an annual basis, beginning 1 year after Afghanistan or Pakistan, as the case may be, has implemented 

a program under this subsection, covering the preceding 1-year 

period, and that includes the following: 

(A) The name of each textile or apparel producer listed 

in the registry described in subsection (c)(2)(A) that has 

been in operation in the Reconstruction Opportunity Zone 

for at least 1 year and has been identified as having met 

the conditions under paragraph (2). 

(B) The name of each textile or apparel producer listed 

in the registry described in subsection (c)(2)(A) that has 

been in operation in the Reconstruction Opportunity Zone 

for at least 1 year and has been identified as having deficiencies with respect to the conditions under paragraph 

(2), and has failed to remedy such deficiencies. 

(C) For each textile or apparel producer listed under 

subparagraph (B)— 


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(i) a description of the deficiencies found to exist and 

the specific suggestions for remediating such deficiencies made by the entity operating the program; 

(ii) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; and 

(iii) with respect to deficiencies that have not been 

remediated, the amount of time that has elapsed since 

the deficiencies were first identified in a report under 

this subparagraph. 

(D) For each textile or apparel producer identified as 

having deficiencies with respect to the conditions described 

under paragraph (2) in a prior report under this paragraph, a description of the progress made in remediating 

such deficiencies since the submission of the prior report, 

and an assessment of whether any aspect of such deficiencies persists. 

(5) CAPACITY BUILDING.—The assistance to the Government 

of Afghanistan or Pakistan referred to in paragraph (1)(B) 

shall include programs— 

(A) to review the labor laws and regulations of Afghanistan or Pakistan, as the case may be, and to develop and 

implement strategies for improving such labor laws and 

regulations; 

(B) to develop additional strategies for protecting core 

labor standards and providing acceptable conditions of 

work with respect to minimum wages, hours of work, and 

occupational safety and health, including through legal, 

regulatory, and institutional reform; 

(C) to increase awareness of core labor standards and 

national labor laws; 

(D) to promote consultation and cooperation between 

government representatives, employers, worker representatives, and United States importers on matters relating to 

core labor standards and national labor laws; 

(E) to assist the labor official of Afghanistan or Pakistan, 

as the case may be, designated pursuant to subsection (c) 

in establishing and coordinating operation of the committee described in subsection (c)(2)(E); 

(F) to assist worker representatives in more fully and effectively advocating on behalf of their members; and 

(G) to provide on-the-job training and technical assistance to labor inspectors, judicial officers, and other relevant personnel to build their capacity to enforce national 

labor laws and resolve labor disputes. 

(e) COMPLIANCE WITH ELIGIBILITY CRITERIA.— 

(1) COUNTRY COMPLIANCE WITH CORE LABOR STANDARDS ELIGIBILITY CRITERIA.—In making a determination of whether Afghanistan or Pakistan is meeting the eligibility requirement 

set forth in section 403(b)(1)(E) relating to core labor standards, the President shall consider any reports produced under 

subsection (d)(4) and acceptable conditions of work with respect to minimum wages, hours of work, and occupational 

health and safety. 


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(2) PRODUCER ELIGIBILITY.— 

(A) IDENTIFICATION OF PRODUCERS.— 

(i) IN GENERAL.—Except as provided in clause (ii), 

beginning 2 years after the President makes the certification under subsection (b)(1), the President shall 

identify on a biennial basis whether a textile or apparel producer listed in the registry described in subsection (c)(2)(A) and in operation for at least 1 year 

has failed to comply with core labor standards and 

with the labor laws of Afghanistan or Pakistan, as the 

case may be, that directly relate to and are consistent 

with core labor standards. 

(ii) EXCEPTION.— The President may identify a textile or apparel producer at any time under clause (i) 

if the evidence warrants such a review. 

(B) ASSISTANCE TO PRODUCERS; WITHDRAWAL, ETC., OF

DUTY-FREE TREATMENT.—For each textile or apparel producer that the President identifies under subparagraph 

(A), the President shall seek to assist such producer in 

coming into compliance with core labor standards and with 

the labor laws of Afghanistan or Pakistan, as the case may 

be, that directly relate to and are consistent with core 

labor standards. If, within a reasonable period of time, 

such efforts fail, the President shall withdraw, suspend, or 

limit the application of duty-free treatment to textile and 

apparel covered articles of such producer. 

(C) REINSTATING DUTY-FREE TREATMENT.—If the President, after withdrawing, suspending, or limiting the application of duty-free treatment under subparagraph (B) to 

articles of a textile or apparel producer, determines that 

such producer is complying with core labor standards and 

with the labor laws of Afghanistan or Pakistan, as the case 

may be, that directly relate to and are consistent with core 

labor standards, the President shall reinstate the application of duty-free treatment under section 405 to the textile 

and apparel covered articles of such producer. 

(D) CONSIDERATION OF REPORTS.—In making the identification under subparagraph (A) and the determination 

under subparagraph (C), the President shall consider the 

reports made available under subsection (d)(4). 

(f) REPORTS BY THE PRESIDENT.— 

(1) IN GENERAL.—Not later than one year after the date of 

the enactment of this Act, and annually thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation of this section during the 

preceding 1-year period. 

(2) MATTERS TO BE INCLUDED.—Each report required by 

paragraph (1) shall include the following: 

(A) An explanation of the efforts of Afghanistan and 

Pakistan, the President, and entity designated by the Secretary of Labor to carry out this section. 

(B) A summary of each report produced under subsection 

(d)(4) during the preceding 1-year period and a summary 

of the findings contained in such report. 


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(C) Identifications made under subsection (e)(2)(A) and 

determinations made under subsection (e)(2)(C). 

(g) EVALUATION AND REPORT BY SECRETARY OF LABOR.— 

(1) EVALUATION.—The Secretary of Labor shall evaluate the 

monitoring program established under this section to determine ways to improve adoption and adherence to core labor 

standards and acceptable conditions of work with respect to 

minimum wages, hours of work, and occupational health and 

safety. To the extent that producers of nontextile or nonapparel 

articles described in section 404 have established operations in 

Reconstruction Opportunity Zones, the report shall also evaluate options for expanding the program to include such producers. 

(2) REPORT.—Not later than 1 year after the date on which 

Afghanistan or Pakistan, as the case may be, has implemented 

a program under this section, the Secretary of Labor shall submit to the appropriate congressional committees a report that 

contains the results of the evaluation required under paragraph (1) and recommendations to improve the program under 

this section and, if applicable, to expand the program to include producers of nontextile or nonapparel articles. 

(3) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 

to be appropriated to the Secretary of Labor such sums as may 

be necessary to carry out this subsection. 

(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to 

be appropriated to carry out this section (other than subsection (g)) 

$20,000,000 for the period beginning on October 1, 2009, and ending on September 30, 2023. 

SEC. 408. PETITION PROCESS. 

Any interested party may file a request to have the status of Afghanistan or Pakistan reviewed with respect to the eligibility requirements listed in this title, and the President shall provide for 

this purpose the same procedures as those that are provided for reviewing the status of eligible beneficiary developing countries with 

respect to the designation criteria listed in subsections (b) and (c) 

of section 502 of the Trade Act of 1974 (19 U.S.C. 2462 (b) and (c)). 

SEC. 409. LIMITATIONS ON PROVIDING DUTY-FREE TREATMENT. 

(a) IN GENERAL.— 

(1) PROCLAMATION.—Except as provided in paragraph (2), 

and subject to subsection (b) and the conditions described in 

sections 403 through 407, the President shall exercise the 

President’s authority under this title, and the President shall 

proclaim any duty-free treatment pursuant to that authority. 

(2) WAIVER.—The President may waive the application of 

this title if the President determines that providing such treatment is inconsistent with the national interests of the United 

States. In making such determination, the President shall consider— 

(A) obligations of the United States under international 

agreements; 

(B) the national economic interests of the United States; 

and 


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32 

(C) the foreign policy interests of the United States, including the economic development of Afghanistan and the 

border region of Pakistan. 

(b) WITHDRAWAL, SUSPENSION, OR LIMITATION OF DUTY-FREE

TREATMENT.—The President may withdraw, suspend, or limit the 

application of the duty-free treatment proclaimed under this title 

upon consideration of the factors set forth in section 403 (b) and 

(c) of this Act, and section 502 (b) and (c) of the Trade Act of 1974 

(19 U.S.C. 2462 (b) and (c)). In taking any action to withdraw, suspend, or limit duty-free treatment with respect to producers receiving benefits under section 404 or 405, the President shall consider 

the information described in section 403(d) relating to verification 

of the ownership and nature of the activities of such producers and 

any other relevant information the President determines to be appropriate. 

(c) NOTICE TO CONGRESS.—The President shall advise Congress— 

(1) of any action the President takes to waive, withdraw, suspend, or limit the application of duty-free treatment with respect to Reconstruction Opportunity Zones in Afghanistan or 

Pakistan or enterprises receiving benefits under section 404 or 

405; and 

(2) if either Afghanistan or Pakistan fails to adequately take 

the actions described in section 403 (b) and (c) of this Act or 

section 502 (b) and (c) of the Trade Act of 1974 (19 U.S.C. 2462 

(b) and (c)). 

SEC. 410. TERMINATION OF BENEFITS. 

Duty-free treatment provided under this title shall remain in effect through September 30, 2024. 

SEC. 411. CUSTOMS USER FEES. 

(a) IN GENERAL.—The Secretary of the Treasury shall increase 

the amount of fees charged and collected under section 13031(a) of 

the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 

U.S.C. 58c(a)) for the provision of customs services in connection 

with imports and travel from Afghanistan and Pakistan as necessary to meet the requirements of subsection (b). 

(b) MINIMUM AMOUNT.—The amount of the increase in fees 

charged and collected under the authority of subsection (a)— 

(1) shall not be less than $12,000,000 for the period beginning on the date of the enactment of this Act and ending at 

the close of September 30, 2014; and 

(2) shall not be less than $105,000,000 for the period beginning on the date of the enactment of this Act and ending at 

the close of September 30, 2019. 

(c) RULE OF CONSTRUCTION.—The amount of the increase in fees 

charged and collected under the authority of subsection (a) shall be 

in addition to the amount of fees that would otherwise be charged 

and collected under section 13031(a) of the Consolidated Omnibus 

Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for the provision of customs services in connection with imports and travel from 

Afghanistan and Pakistan. 

(d) TERMINATION OF AUTHORITY.—The authority provided under 

subsection (a) terminates at the close of the date on which the aggregate amount of the increase in fees charged and collected under 

the authority of subsection (a) equals $105,000,000. 


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SUMMARY OF AMENDMENT IN PART B TO BE MADE IN ORDER FOR H.R. 

1886

Amendment in the nature of a substitute.—the substitute fully 

funds the administration’s request for non-military assistance to 

Pakistan ($1.5 billion) for FY 2010 and provides ‘‘such sums’’ as 

may be necessary through 2013. It also requires that the administration submit a comprehensive interagency strategy and implementation plan; requires quarterly briefings on developments in 

Pakistan; as well as written notification to the Congress of adjustments in strategy and related changes in allocations and expenditures. (30 minutes) 

PART B—TEXT OF AMENDMENT TO BE MADE IN ORDER 

FOR H.R. 1886 

Strike all after the enacting clause and insert the following: 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘United States-Pakistan Security 

and Stability Act’’. 

SEC. 2. FINDINGS. 

Congress finds the following: 

(1) Congress supports the following elements outlined in the 

President’s White Paper of the Interagency Policy Group’s Report on United States Policy Toward Afghanistan and Pakistan: 

(A) The core goal of the United States must be to disrupt, dismantle, and defeat al Qaeda and its affiliated networks and their safe havens in Pakistan. 

(B) The threat that al Qaeda poses to the United States 

and its allies in Pakistan—including the possibility of extremists obtaining fissile material—is all too real. 

(C) The United States must overcome its trust deficit 

with Pakistan and demonstrate that it is a reliable, longterm partner. 

(2) The Government of Pakistan is facing significant security 

and socio-economic challenges that set the conditions for greater radicalization and may threaten Pakistan’s viability. Such 

challenges include the following: 

(A) Al Qaeda’s and other extremist groups’ campaign of 

violent attacks throughout Pakistan, including the Red 

Mosque incident, the assassination of Benazir Bhutto, and 

the bombing of the Marriott Hotel in Islamabad. 

(B) Pakistan’s population growth at a rate of approximately 2 percent a year, with nearly half of its 172 million 

residents illiterate, under the age of 20, and living near or 

below the poverty line. 

(3) Security and stability to Pakistan is further complicated 

given the prevalence of ungoverned spaces between Pakistan 

and Afghanistan in which state control has not been fully exercised given ethnic and tribal affiliations. 

(4) The security and stability of Pakistan is vital to the national security of the United States, and the consequences of 

failure poses a grave threat to the security of the American 

people, the region, and United States allies. 


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34 

(5) The objectives of United States policy toward Pakistan 

are to empower and enable Pakistan to— 

(A) develop into a prosperous and democratic state that 

is at peace with itself and with its neighbors; 

(B) actively confront, and deny safe haven to, al Qaeda, 

the Taliban, and other extremists; 

(C) implement the economic, legal, and social reforms required to create an environment that discourages violent 

Islamic extremism; and 

(D) maintain robust command and control over its nuclear weapons technology. 

SEC. 3. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR PAKISTAN. 

(a) IN GENERAL.—Not later than 30 days after the date of the enactment of the Supplemental Appropriations Act of 2009, the President shall develop and transmit to the appropriate congressional 

committees a comprehensive interagency strategy and implementation plan for long-term security and stability in Pakistan which 

shall be composed of the elements specified in subsection (b). 

(b) ELEMENTS.—The comprehensive interagency strategy and implementation plan required by subsection (a) shall contain at least 

the following elements: 

(1) A description of how United States assistance described 

in section 4 will be used to achieve the objectives of United 

States policy toward Pakistan. 

(2) Progress toward the following: 

(A) Assisting efforts to enhance civilian control and a 

stable constitutional government in Pakistan and promote 

bilateral and regional trade and economic growth. 

(B) Developing and operationally enabling Pakistani security forces so they are capable of succeeding in sustained 

counter-insurgency and counter-terror operations. 

(C) Shutting down Pakistani safe havens for extremists. 

(D) Improving Pakistan’s capacity and capability to 

‘‘hold’’ and ‘‘build’’ areas cleared of insurgents to prevent 

their return. 

(E) Developing and strengthening mechanisms for Pakistan-Afghanistan cooperation. 

(3) A financial plan and description of the resources, programming, and management of United States foreign assistance to Pakistan, including the criteria used to determine their 

prioritization. 

(4) A complete description of both the evaluation process for 

reviewing and adjusting the strategy and implementation as 

necessary, and measures of effectiveness for the implementation of the strategy. 

(c) INTELLIGENCE SUPPORT.—The President, after consultation 

with the Director of National Intelligence, shall provide intelligence 

support to the development of the comprehensive interagency strategy and implementation plan required by subsection (a). 

(d) UPDATES OF STRATEGY.—The President shall transmit in 

writing to the appropriate congressional committees any updates of 

the comprehensive interagency strategy and implementation plan 

required by subsection (a), as necessary. 


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35 

SEC. 4. AUTHORIZATION OF ASSISTANCE FOR PAKISTAN. 

(a) FOREIGN ASSISTANCE ACT OF 1961.—There is authorized to be 

appropriated to the President, for the purposes of providing assistance to Pakistan under the Foreign Assistance Act of 1961 (22 

U.S.C. 2151 et seq.), $1,500,000,000 or such sums as may be necessary for each of the fiscal years 2010 through 2013. 

(b) PAKISTAN COUNTERINSURGENCY CAPABILITY FUND.—There is 

authorized to be appropriated to the President, for the purposes of 

building a more effective counterinsurgency capability in Pakistan’s 

security forces, up to $700,000,000 for the Pakistan Counterinsurgency Capability Fund, for fiscal year 2010. 

(c) USE OF FUNDS.—Amounts authorized to be appropriated 

under this section or otherwise made available to carry out this Act 

shall be used to the maximum extent practicable as direct expenditures for programs, projects, and activities, subject to existing reporting and notification requirements. 

SEC. 5. CONGRESSIONAL BRIEFING AND NOTIFICATION REQUIREMENTS. 

(a) BRIEFING.—Not later than 30 days after the date of the transmission of the comprehensive interagency strategy and implementation plan required by section 3, and quarterly thereafter through 

December 1, 2013, the President, acting through the Secretary of 

State and the Secretary of Defense, shall brief the appropriate congressional committees on the status of the comprehensive interagency strategy and implementation plan. 

(b) NOTIFICATION.—The President shall notify the appropriate 

congressional committees not later than 30 days prior to obligating 

any assistance described in section 4 as budgetary support to the 

Government of Pakistan or to any persons, agencies, instrumentalities, or elements of the Government of Pakistan and shall describe 

the purpose and conditions attached to any such budgetary support 

assistance. The President shall notify the appropriate congressional 

committees not later than 30 days prior to obligating any other 

type of assistance described in section 4. 

SEC. 6. DEFINITION. 

In this Act, the term ‘‘appropriate congressional committees’’ 

means— 

(1) the Committee on Appropriations, the Committee on 

Armed Services, the Committee on Foreign Affairs, and the 

Permanent Select Committee on Intelligence of the House of 

Representatives; and 

(2) the Committee on Appropriations, the Committee on 

Armed Services, the Committee on Foreign Relations, and the 

Select Committee on Intelligence of the Senate. 

Amend the title so as to read: ‘‘A bill to require the President 

to develop a comprehensive interagency strategy and implementation plan for long-term security and stability in Pakistan, and for 

other purposes.’’. 

SUMMARY OF AMENDMENTS IN PART C TO BE MADE IN ORDER TO H.R. 

2410

1. Berman (CA) Manager’s Amendment which (1) makes a number of minor, technical and conforming changes, including changes 

to address concerns of other Committees that have jurisdiction over 


bajohnson on PROD1PC77 with REPORTS
36 

certain provisions of H.R. 2410 and making changes to certain authorizations; (2) adds the relevant text from H.R. 2828, 110th Congress, as passed by the House, relating to compensation of Foreign 

Service victims of terrorism; (3) adds a provision relating to 

streamlining export controls to better serve the scientific and research community, consistent with the protection of U.S. national 

security interests; (4) adds a provision on monitoring and evaluating certain provision U.S. overseas activities; (5) adds a provision 

to improve the stabilization and reconstruction activities of the Department of State; (6) adds a provision on implementation of an 

international nuclear fuel bank; (7) adds a provision relating to the 

development of a food security strategy; (8) adds certain other 

sense of congress provisions; and (9) adds a new subsection to section 334 providing that nothing in that section shall be construed 

as affecting existing statutory prohibitions relating to abortion. (20 

minutes) 

2. Ros-Lehtinen (FL) Would require the Secretary of State to 

withhold from the U.S. contribution to the International Atomic 

Energy Agency an amount equal to nuclear technical cooperation 

provided by the IAEA in 2007 to Iran, Syria, Sudan and Cuba. (10 

minutes) 

3. Polis (CO) Would broaden the experience within the Foreign 

Service and encourage Foreign Service officers to pursue a functional specialty by making it mandatory to develop a functional 

focus during an officer’s first two years as well as creating a more 

diverse promotions panel where functional and regional specialists 

are evenly distributed. It would require the State Department to 

make materials from libraries and resource centers, including U.S. 

films available over the Internet when possible and for the advisory 

commission on public diplomacy to gauge the effectiveness of online 

outreach authorized under section 214. (10 minutes) 

4. Hunter (CA) Would include the Secretary of Defense as a 

member of the Task Force on the Prevention of Illicit Small Arms 

Trafficking in the Western Hemisphere. (10 minutes) 

5. Nadler (NY) Sense of Congress that the United States should 

continue working with the states of the former Soviet Union to see 

that e ́migre ́s from these states who now live in the United States 

are paid the pensions they are owed by these states. (10 minutes) 

6. McCaul (TX) Would direct the President to develop and transmit to the appropriate congressional committees a comprehensive 

interagency strategy and implementation plan to address the ongoing crisis in Sudan. This includes a description of how the United 

States assistance will be used to achieve a U.S. policy towards 

Sudan, financial plan, management of U.S. foreign assistance, and 

criteria used to determine their prioritization. (10 minutes) 

7. Rick Larsen (WA)/Kirk (IL) Would provide that the policy of 

the United States, with respect to the UN Framework Convention 

on Climate Change, shall be to prevent any weakening of, and ensure robust compliance with and enforcement of, existing international legal requirements for the protection of intellectual property rights, related to energy or environmental technologies. (10 

minutes) 

8. Sessions (TX) Sense of Congress that Israel has the right to 

defend itself from an imminent nuclear or military threat from 

Iran and other countries and organizations. (10 minutes) 


bajohnson on PROD1PC77 with REPORTS
37 

9. Susan Davis (CA)/Grayson (FL) Would require the Inspectors 

General of the Department of State, the Department of Defense, 

the United States Agency for International Development, and the 

Special Inspector General for Afghanistan Reconstruction to modify 

their auditing and assessment protocols for Afghanistan to include 

the impact U.S. development assistance has on the social, economic, and political empowerment of Afghan women as part of 

their auditing and reporting requirements. (10 minutes) 

10. Brown-Waite (FL) Would strike Sec. 505, domestic release of 

the Voice of America film entitled ’’A Fateful Harvest’’. (10 minutes) 

11. Holt (NJ) Would direct the Secretary of State to report within 

60 days of enactment on changes in treaty and U.S. laws that could 

help improve compliance with the Hague Convention on the Civil 

Aspects of International Child Abduction. (10 minutes) 

12. Brown-Waite (FL) Would strike section 303, establishment of 

the Lessons Learned Center. (10 minutes) 

13. Tim Bishop (NY) Would require a GAO study of the effects 

of USAID’s use of waivers under the Buy America Act for HIV test 

kits on 1) United States-based manufacturers and 2) availability of 

and access to HIV testing for at-risk populations in low-income 

countries. (10 minutes) 

14. Gwen Moore (WI) Would make clear that passage of laws in 

Afghanistan that restrict or repress human rights, including the 

rights of women, undermines the support and goodwill shown by 

the international community and the U.S. through the considerable 

financial aid that has been provided to help rebuild Afghanistan 

and may make it harder to generate public support for those seeking to provide such support in the future. (10 minutes) 

15. Royce (CA) Sense of Congress that Eritrea’s support for 

armed insurgents in Somalia poses a direct threat to the national 

security interests of the United States, that the Secretary of State 

should designate Eritrea a State Sponsor of Terrorism, and that 

the United Nations Security Council should impose sanctions 

against Eritrea. (10 minutes) 

16. Gregory Meeks (NY) Would require the Secretary of State to 

report to Congress on bilateral efforts to promote equality and 

eliminate racial discrimination in the Western Hemisphere. (10 

minutes) 

17. Matheson (UT) Would provide that the Secretary of State, in 

consultation with the Attorney General and the Director of the 

Census Bureau, will conduct a feasibility study and issue a report 

to Congress on whether there can be implemented a method for 

using the passports of U.S. citizens living overseas to facilitate voting in U.S. elections and for being counted in the U.S. Census. (10 

minutes) 

18. Kirkpatrick (AZ) Would add to the monitoring and evaluation 

system established in the bill a requirement to look at the illegal 

southbound flow of cash. (10 minutes) 

19. Kirk (IL) Would allow the Secretary of State, at her discretion, to make payments from the Rewards for Justice program to 

officers or employees of foreign governments who provide information leading to the capture of exceptional and high-profile terrorists. (10 minutes) 


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38 

20. Lynch (MA) Would direct the State Department to submit to 

Congress a report on the 1059 and 1244 Special Immigrant Visa 

Programs for certain Iraqis and Afghanis who work for, or on behalf of, the U.S. Government. (10 minutes) 

21. Hill (IN) Would require the Department of State to conduct 

a cost-benefit analysis in conjunction with all appropriate Federal 

departments and agencies on how to best use American funds to 

reduce smuggling and trafficking in persons. (10 minutes) 

22. Peters (MI) Would provide that the Secretary of State shall 

report to Congress on the flow of people, goods, and services across 

the international borders shared by the U.S., Canada, Mexico, Bermuda, and the Caribbean region. (10 minutes) 

23. Teague (NM)/Titus (NV)/Giffords (AZ) Would create the Global Clean Energy Exchange Program a program to strengthen research, educational exchange, and international cooperation with 

the aim of promoting the development and deployment of clean and 

efficient energy technologies. (10 minutes) 

24. Eddie Bernice Johnson (TX) Would establish and provide financial assistance for exchange programs between Afghanistan and 

the United States for women legislators. (10 minutes) 

25. Eddie Bernice Johnson (TX) Sense of Congress that the use 

of child soldiers is unacceptable and is a violation of human rights 

and the prevention and elimination of child soldiers should be a 

foreign policy goal of the United States. (10 minutes) 

26. Poe (TX) Would make it a two year requirement for the President to report total U.S. cash and in-kind contributions to the entire United Nations system each fiscal year by every U.S. agency 

or department. (10 minutes) 

27. Castle (DE)/Dent (PA) Would require reports to Congress 

every 90 days listing the countries that refuse or unreasonably 

delay accepting nationals of such countries who are under final orders of removal from the United States. The amendment empowers 

the Secretary of State to suspend diplomatic visa issuances to any 

country that continues to deny or unreasonably delay repatriation. 

(10 minutes) 

PART C—TEXT OF AMENDMENTS TO BE MADE IN ORDER 

FOR H.R. 2410 

1. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BERMAN

OF CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 20 MINUTES

Page 12, line 3, strike ‘‘$100,000,000’’ and insert ‘‘$105,500,000’’. 

Page 15, beginning line 20, strike ‘‘such sums as may be necessary’’ and insert ‘‘$115,000,000’’. 

Page 17, line 12, insert ‘‘in’’ before ‘‘section’’. 

Page 43, line 12, strike ‘‘live’’ and insert ‘‘live and work, or study 

or volunteer,’’. 

In section 226, redesignate subsections (d) through (k) as subsection (e) through (l) and insert after subsection (c) the following: 

(d) USE OF FUNDS.—Paragraph (2) of subsection (c) of section 207 

of such Act is amended to read as follows: 

‘‘(2) USE OF FUNDS.—All or part of the amounts allotted for 

the Foundation under paragraph (1) may be transferred to the 

Foundation or to the appropriate Department of State approVerDate Nov 24 2008 07:10 Jun 10, 2009 Jkt 079008 PO 00000 Frm 00038 Fmt 6659 Sfmt 6602 E:\HR\OC\HR143.XXX HR143

bajohnson on PROD1PC77 with REPORTS
39 

priation for the purpose of carrying out or supporting the 

Foundation’s activities.’’. 

Page 60, beginning line 4, strike ‘‘a refugee or asylee spouse’’ and 

insert ‘‘a spouse of a refugee or of a person who has been granted 

asylum’’. 

Page 60, line 5, strike ‘‘biological’’ and insert ‘‘birth’’. 

Page 60, strike lines 8 through 20 and insert the following: 

(d) ERMA ACCOUNT.—Section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(2)) is amended by 

striking ‘‘$100,000,000’’ and inserting ‘‘$200,000,000’’. 

Page 61, line 14, insert ‘‘, including children, as appropriate,’’ 

after ‘‘refugees’’. 

Page 61, line 18, strike ‘‘pilot’’. 

Page 64, line 2, strike ‘‘shall’’ and insert ‘‘should’’. 

Page 64, line 6, insert ‘‘during this refugee crisis’’ before the period. 

Page 64, line 9, strike ‘‘the National Security Council,’’. 

Page 64, line 11, insert ‘‘the Department of Defense,’’ before ‘‘the 

United States’’. 

Page 65, line 2, strike ‘‘such’’ and insert ‘‘refugee’’. 

Page 65, line 11, strike ‘‘and’’ and insert ‘‘, the International 

Committee of the Red Cross,’’. 

Page 65, line 12, strike ‘‘such other’’ and insert ‘‘and other appropriate’’. 

Page 69, beginning line 8, strike ‘‘applicants and’’ and insert ‘‘applicants, including any effect such method may have on an interviewer’s ability to determine an applicant’s credibility and uncover 

fraud, and shall’’. 

Page 82, line 13, after ‘‘committees’’ insert ‘‘and the Committee 

on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate’’. 

Page 110, after line 25, insert the following: 

SEC. 305. INCREASING THE CAPACITY OF THE DEPARTMENT OF STATE 

TO RESPOND TO CRISES. 

Paragraph (5) of section 1603 of the Reconstruction and Stabilization Civilian Management Act of 2008 (title XVI of Public 

Law 110–417) is amended to read as follows: 

‘‘(5) PERSONNEL DEFINED.—The term ‘personnel’ means— 

‘‘(A) individuals serving in any service described in section 2101 of title 5, United States Code, other than in the 

legislative or judicial branch; 

‘‘(B) individuals employed by personal services contract, 

including those employed pursuant to section 2(c) of the 

State Department Basic Authorities Act of 1956 (22 U.S.C. 

2669(c)) and section 636(a)(3) of the Foreign Assistance Act 

of 1961 (22 U.S.C. 2396(a)(3)); and 

‘‘(C) individuals appointed under section 303 of the Foreign Service Act of 1980 (22 U.S.C. 3943).’’. 

Page 112, line 15, strike ‘‘equal to’’ and insert ‘‘up to’’. 

Page 112, line 19, strike ‘‘equal to’’ and insert ‘‘up to’’. 


bajohnson on PROD1PC77 with REPORTS
40 

Page 129, line 4, insert ‘‘and support for’’ after ‘‘cooperation 

with’’. 

Page 129, line 4, strike ‘‘government’’ and insert ‘‘government’s 

efforts’’. 

Page 131, line 24, strike ‘‘coordinate’’ and insert ‘‘assist in the coordination of’’. 

Page 133, line 19, strike ‘‘subparagraph (A) and (B)’’ and insert 

‘‘this section’’. 

Page 133, beginning line 25, strike ‘‘of or trafficking in’’ and insert ‘‘or distribution of’’. 

Page 134, line 15, strike ‘‘of or trafficking in’’ and insert with ‘‘or 

distribution of’’. 

Page 145, after line 8, insert the following: 

(e) RELATIONSHIP TO OTHER LAWS REGARDING ABORTION.—Nothing in this section, and in particular the duties of the office described in subsection (c), shall be construed as affecting in any way 

existing statutory prohibitions against abortion or existing statutory prohibitions on the use of funds to engage in any activity or 

effort to alter the laws or policies in effect in any foreign country 

concerning the circumstances under which abortion is permitted, 

regulated, or prohibited. 

Page 145, line 9, strike ‘‘(e)’’ and insert ‘‘(f)’’. 

Page 145, after line 13, insert the following: 

SEC. 335. FOREIGN SERVICE VICTIMS OF TERRORISM. 

(a) ADDITIONAL DEATH GRATUITY.—Section 413 of the Foreign 

Service Act of 1980 (22 U.S.C. 3973) is amended— 

(1) by redesignating subsection (d) as subsection (e); and 

(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) In addition to a death gratuity payment under subsection (a), 

the Secretary or the head of the relevant United States Government agency is authorized to provide for payment to the surviving 

dependents of a Foreign Service employee or a Government executive branch employee, if such Foreign Service employee or Government executive branch employee is subject to the authority of the 

chief of mission pursuant to section 207, of an amount equal to a 

maximum of eight times the salary of such Foreign Service employee or Government executive branch employee if such Foreign 

Service employee or Government executive branch employee is 

killed as a result of an act of international terrorism. Such payment shall be accorded the same treatment as a payment made 

under subsection (a). For purposes of this subsection, the term ‘act 

of international terrorism’ has the meaning given such term in section 2331(1) of title 18, United States Code.’’. 

(b) CERTAIN SPECIFIC PAYMENTS.—Subject to the availability of 

appropriations specifically for the purpose specified in this subsection as provided in appropriations Acts enacted on or after October 1, 2007, and notwithstanding any other provision of law, the 

Secretary of State shall pay the maximum amount of payment 

under section 413(d) of the Foreign Service Act of 1980 (as amended by subsection a(2) of this section) to an individual described in 

such section 413(d) or to an individual who was otherwise serving 

at a United States diplomatic or consular mission abroad without 


bajohnson on PROD1PC77 with REPORTS
41 

a regular salary who was killed as a result of an act of international terrorism (as such term is defined in section 2331(1) of 

title 18, United States Code) that occurred between January 1, 

1998, and the date of the enactment of this section, including the 

victims of the bombing of August 7, 1998, in Nairobi, Kenya. Such 

a payment shall be deemed to be a payment under section 413(d) 

of the Foreign Service Act of 1980, except that for purposes of this 

section, such payment shall, with respect to a United States citizen 

receiving payment under this section, be in an amount equal to ten 

times the salary specified in this section. For purposes of this section and section 413(d) of such Act, with respect to a United States 

citizen receiving payment under this section, the salary to be used 

for purposes of determining such payment shall be $94,000. 

Page 157, line 8, strike ‘‘State’’ and insert ‘‘State, in consultation 

with the Secretary of Energy,’’. 

Page 157, line 9, strike ‘‘Committee’’ and all that follows through 

‘‘Senate’’ on line 11 and insert ‘‘appropriate congressional committees and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate’’. 

Page 160, line 3, after ‘‘appropriate congressional committees’’ insert ‘‘and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate’’. 

Page 163, after line 2, insert the following: 

SEC. 418, IMPLEMENTING AN INTERNATIONAL NUCLEAR FUEL BANK. 

It is the sense of Congress that, not later than 120 after the date 

of the enactment of this Act, the Secretary of State should appoint 

a coordinator to help implement the International Nuclear Fuel 

Bank to ensure that countries have a supply of fuel for nuclear energy and do not have to enrich their own uranium. 

Page 164, line 17, strike ‘‘200’’ and insert ‘‘125’’. 

Page 181, line 17, insert before the semicolon the following: ‘‘, 

and four year colleges and universities demonstrating an institutional commitment to increasing study abroad participation’’. 

Page 184, line 11, strike ‘‘majority leader’’ and insert ‘‘Speaker’’. 

Page 240, strike line 10 and all that follows through page 241, 

line 9 and insert the following: 

(a) IN GENERAL.—Section 38(c) of the Arms Export Control Act 

(22 U.S.C. 2778(c)) is amended to read as follows: 

‘‘(c) CRIMINAL PENALTIES FOR VIOLATIONS OF THIS SECTION AND

SECTION 39.—Whoever willfully— 

‘‘(1) violates this section or section 39, or 

‘‘(2) in a registration or license application or required report, 

makes any untrue statement of a material fact or omits to 

state a material fact required to be stated therein or necessary 

to make the statements therein not misleading, 

shall be fined not more than $1,000,000 or imprisoned not more 

than 20 years, or both.’’. 

Page 242, after line 14, insert the following: 

SEC. 832. REPORT ON CERTAIN ASPECTS OF UNITED STATES EXPORT 

CONTROLS. 

Not later than 180 days after the date of the enactment of this 

Act, the President, taking into account the views of the relevant 


bajohnson on PROD1PC77 with REPORTS
42 

Federal departments and agencies, shall transmit to Congress a report on the plans of such departments and agencies to streamline 

United States export controls and processes to better serve the 

needs of the United States scientific and research community, consistent with the protection of United States national security interests. 

Page 243, strike lines 19 through 23 and insert the following: 

(d) FORMULATION AND EXECUTION OF ACTIVITIES.— (1) COORDINATION WITH CERTAIN PROGRAMS.—To the extent 

that activities are carried out during a fiscal year pursuant to 

section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163: 119 Stat. 3456), the Secretary of State shall coordinate with the Secretary of Defense 

on the formulation and execution of the program authorized 

under subsection (a) to ensure that the activities under this 

program complement the activities carried out pursuant to 

such section 1206. 

(2) CONSULTATION.—The Secretary of State may also consult 

with the head of any other appropriate department or agency 

in the formulation and execution of the program authorized 

under subsection (a). 

Page 252, after line 11, insert the following: 

(d) RULE OF CONSTRUCTION.—Nothing in this section shall be 

construed to authorize appropriations for the Arrow Weapons System or David’s Sling weapons program under any provision of law 

that is funded from accounts within budget function 050 (National 

Defense). 

Page 264, beginning line 1, insert the following: 

(3) SENSE OF CONGRESS.—It is the sense of Congress that, to 

the extent practicable, and without compromising law enforcement sensitive or other protected information, the reports required by paragraph (1) should be made available to the Congress of Mexico for use in their oversight activities, including 

through the Mexico-United States Inter-Parliamentary Group 

process. 

Page 264, beginning line 17, strike ‘‘develop a strategy for the 

Federal Government to improve’’ and insert ‘‘evaluate’’. 

Page 264, line 24, insert ‘‘and enforcement of current regulations’’ after ‘‘regulation’’. 

Page 265, strike lines 1 through 5 and insert the following: 

(2) evaluate Federal policies, including enforcement policies, 

for control of exports of small arms and light weapons and, if 

warranted, suggest improvements that further the foreign policy and national security interests of the United States within 

the Western Hemisphere. 

Strike section 912 and insert the following: 

SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAFFICKING IN 

SMALL ARMS AND LIGHT WEAPONS TO COUNTRIES IN 

THE WESTERN HEMISPHERE. 

Section 38 of the Arms Export Control Act (22 U.S.C. 2778), as 

amended by sections 831(a) of this Act, is further amended— 

(1) in subsection (c), by striking ‘‘Whoever’’ and inserting 

‘‘Subject to subsection (d), whoever,’’; and 


bajohnson on PROD1PC77 with REPORTS
43 

(2) by inserting after subsection (c) the following new subsection: 

‘‘(d) TRAFFICKING IN SMALL ARMS AND LIGHT WEAPONS TO COUN- TRIES IN THE WESTERN HEMISPHERE.—Whoever willfully exports to 

a country in the Western Hemisphere any small arm or light weapon without a license in violation of this section shall be fined not 

more than $3,000,000 and imprisoned for not more than 20 years, 

or both. For purposes of this subsection, the term ‘small arm or 

light weapon’ means any item listed in Category I(a), Category III 

(as it applies to Category I(a)), or grenades under Category IV(a) 

of the United States Munitions List (as contained in part 121 of 

title 22, Code of Federal Regulations (or successor regulations)) 

that requires a license for international export under this section.’’. 

Page 267, strike lines 15 through 20. 

Page 273, line 11, after the period insert the following: ‘‘The 

United States should urge the European Union, its member states, 

and the international community to call for an immediate and complete withdrawal of Russian troops deployed within Georgia in accordance with the August and September 2008 ceasefire agreements and for Russia to rescind its recognition of the independence 

of Abkhazia and South Ossetia.’’. 

Page 275, line 17, strike ‘‘Congress’’ and insert ‘‘the appropriate 

congressional committees and the Committee on Armed Services of 

the House of Representatives and the Committee on Armed Services of the Senate’’. 

Page 281, after line 14, insert the following: 

SEC. 1012. RECRUITMENT AND HIRING OF VETERANS AT THE DEPARTMENT OF STATE AND UNITED STATES AGENCY FOR 

INTERNATIONAL DEVELOPMENT. 

(a) FINDINGS.—Congress finds the following: 

(1) Building a more expeditionary and capable Department 

of State and United States Agency for International Development requires recruitment of personnel with experience working in unstable areas. 

(2) Veterans of the Armed Forces have specialized experience 

gained from working under stressful circumstances in hostile, 

foreign environments or under difficult circumstances. 

(3) The Foreign Service Act of 1980 states that ‘‘The fact that 

an applicant for appointment as a Foreign Service officer candidate is a veteran or disabled veteran shall be considered an 

affirmative factor in making such appointments.’’. 

(4) In 1998, Congress enacted the Veterans Employment Opportunities Act (VEOA), requiring that Federal agencies must 

allow preference eligibles and certain veterans to apply for positions announced under merit promotion procedures whenever 

an agency is recruiting from outside its own workforce. 

(5) The annual report of the Office of Personnel Management 

on ‘‘The Employment of Veterans in the Federal Government’’ 

for fiscal year 2007, detailing the efforts by all agencies of the 

Federal Government to hire veterans, reported that 15.6 percent of all Department of State employees were veterans. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that the Department of State and the United States Agency for International 

Development should intensify their efforts to recruit more veterans, 


bajohnson on PROD1PC77 with REPORTS
44 

that those applicants who are entitled to five or ten point veterans 

preference have also served in the Armed Forces in areas of instability with specialties such as civil affairs, law enforcement, and assignments where they regularly performed other nation-building 

activities, and that this experience should be an additional affirmative factor in making appointments to serve in the Foreign Service. 

(c) REPORT.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State and the Administrator of 

the United States Agency for International Development shall 

jointly submit to Congress a report on the efforts of the Department of State and the United States Agency for International Development to improve the recruitment of veterans into their respective workforces. 

Page 304, line 7, insert ‘‘contribute to peace and security and’’ before ‘‘help’’. 

Page 304, strike line 17 and all that follows through page 305, 

line 15, and insert the following: 

(A) assist partner countries to establish and strengthen the 

institutional infrastructure required for such countries to 

achieve self-sufficiency in participating in peace support operations, including for the training of formed police units; 

(B) train peacekeepers worldwide to increase global capacity 

to participate in peace support operations; 

(C) provide transportation and logistics support to deploying 

peacekeepers as appropriate; 

(D) enhance the capacity of regional and sub-regional organizations to train for, plan, deploy, manage, obtain, and integrate 

lessons learned from peace operations; 

(E) support multilateral approaches to coordinate international contributions to peace support operations capacity 

building efforts; and 

Page 305, line 16, strike ‘‘(H)’’ and insert ‘‘(F)’’. 

Page 306, after line 10, insert the following: 

(4) RELATION TO OTHER PROGRAMS AND ACTIVITIES.—The activities described under paragraph (1)(F) may be coordinated or 

conducted in conjunction with other foreign assistance programs and activities of the United States, as appropriate and 

in accordance with United States law. 

Page 307, strike lines 12 through 14. 

Page 307, line 15, strike ‘‘(F)’’ and insert ‘‘(E)’’. 

Page 307, line 15, strike ‘‘data’’ and insert ‘‘information’’. 

Page 307, line 19, strike ‘‘(G)’’ and insert ‘‘(F)’’. 

Page 307, line 23, strike ‘‘(H)’’ and insert ‘‘(G)’’. 

Page 307, line 23, strike ‘‘data measuring’’ and insert ‘‘information concerning’’. 

Page 308, line 1, strike ‘‘(I)’’ and insert ‘‘(H)’’. 

Page 308, beginning line 5, strike ‘‘such sums as may be necessary for each of fiscal years 2010 and 2011’’ and insert 

‘‘$140,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011’’. 

Page 325, after line 19, insert the following: 


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SEC. 1114. MODERNIZATION AND STREAMLINING OF UNITED STATES 

FOREIGN ASSISTANCE. 

(a) AMENDMENT.—Chapter 1 of part III of the Foreign Assistance 

Act of 1961 (22 U.S.C. 2351 et seq.) is amended by inserting after 

section 608 the following new section: 

‘‘SEC. 609. MONITORING AND EVALUATION OF UNITED STATES FOREIGN ASSISTANCE. 

‘‘(a) IN GENERAL.—The Secretary of State should develop and implement a rigorous system to monitor and evaluate the effectiveness and efficiency of United States foreign assistance. The system 

should include a method of coordinating the monitoring and evaluation activities of the Department of State and the United States 

Agency for International Development with the monitoring and 

evaluation activities of other Federal departments and agencies 

carrying out United States foreign assistance programs, and when 

possible with other international bilateral and multilateral agencies and entities. 

‘‘(b) ELEMENTS.—In carrying out subsection (a), the Secretary, 

under the direction of the President, should ensure that the head 

of each Federal department or agency carrying out United States 

foreign assistance programs— 

‘‘(1) establishes measurable performance goals, including 

gender-sensitive goals wherever possible, for such programs; 

‘‘(2) establishes criteria for selection of such programs to be 

subject to various evaluation methodologies, with particular 

emphasis on impact evaluation; 

‘‘(3) establishes an organization unit, or strengthens an existing unit, with adequate staff and funding to budget, plan, and 

conduct appropriate performance monitoring and improvement 

and evaluation activities with respect to such programs; 

‘‘(4) establishes a process for applying the lessons learned 

and findings from monitoring and evaluation activities, including impact evaluation research, into future budgeting, planning, programming, design and implementation of such programs; and 

‘‘(5) establishes a policy to publish all evaluation plans and 

reports relating to such programs. 

‘‘(c) ANNUAL EVALUATION PLANS.— 

‘‘(1) IN GENERAL.—In carrying out subsection (a), the Secretary, under the direction of the President, should ensure that 

the head of each Federal department or agency carrying out 

United States foreign assistance programs develops an annual 

evaluation plan for such programs stating how the department 

or agency will implement this section. 

‘‘(2) CONSULTATION.—In preparing the evaluation plan, the 

head of each Federal department or agency carrying out 

United States foreign assistance programs should consult with 

the heads of other appropriate Federal departments and agencies, governments of host countries, international and local 

nongovernmental organizations, and other relevant stakeholders. 

‘‘(3) SUBMISSION TO CONGRESS.—Not later than 180 days 

after the date of the enactment of this section, the head of each 

Federal department or agency carrying out United States foreign assistance programs should submit to the appropriate conVerDate Nov 24 2008 06:29 Jun 10, 2009 Jkt 079008 PO 00000 Frm 00045 Fmt 6659 Sfmt 6602 E:\HR\OC\HR143.XXX HR143

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46 

gressional committees an evaluation plan consistent with this 

subsection. 

‘‘(d) CAPACITY BUILDING.— ‘‘(1) FOR FEDERAL DEPARTMENTS AND AGENCIES.—The Secretary, under the direction of the President and in consultation 

with the head of each Federal department or agency carrying 

out United States foreign assistance programs, should take 

concrete steps to enhance the performance monitoring and improvement and evaluation capacity of each such Federal department and agency, subject to the availability of resources 

for such purposes, including by increasing and improving training and education opportunities, and by adopting best practices 

and up-to-date evaluation methodologies to provide the best 

evidence available for assessing the outcomes and impacts of 

such programs. 

‘‘(2) FOR RECIPIENT COUNTRIES.—The Secretary is authorized 

to provide assistance to increase the capacity of countries receiving United States foreign assistance to design and conduct 

performance monitoring and improvement and evaluation activities. 

‘‘(e) BUDGETARY PLANNING.—The head of each Federal department or agency carrying out United States foreign assistance programs should request in the annual budget of the department or 

agency a funding amount to conduct performance monitoring and 

improvement and evaluations of such programs, projects, or activities. 

‘‘(f) REPORT.— ‘‘(1) IN GENERAL.—Not later than one year after the date of 

the enactment of this section, and in each of the two subsequent years, the Secretary shall transmit to the appropriate 

congressional committees a report on— 

‘‘(A) the use of funds to carry out evaluations under this 

section; 

‘‘(B) the status and findings of evaluations under this 

section; and 

‘‘(C) the use of findings and lessons learned from evaluations under this section, including actions taken in response to recommendations included in current and previous evaluations, such as the improvement or continuation of a program, project, or activity. 

‘‘(2) PUBLICATION.—The report shall also be made available 

on the Department of State’s website. 

‘‘(g) DEFINITIONS.— 

‘‘(1) IN GENERAL.—In this section— 

‘‘(A) 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; 

‘‘(B) the term ‘Secretary’ means the Secretary of State; 

and 

‘‘(C) the term ‘United States foreign assistance’ means— 

‘‘(i) assistance authorized under this Act; and 

‘‘(ii) assistance authorized under any other provision 

of law that is classified under budget function 150 

(International Affairs). 


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‘‘(2) TERMS RELATING TO MONITORING AND EVALUATION.—In 

this section— 

‘‘(A) the term ‘evaluation’ means the systematic and objective determination and assessment of the design, implementation, and results of an on-going or completed program, project, or activity; 

‘‘(B) the term ‘impact evaluation research’ means the application of research methods and statistical analysis to 

measure the extent to which change in a population-based 

outcome or impact can be attributed to United States program, project, or activity intervention instead of other environmental factors, including change in political climate 

and other donor assistance; 

‘‘(C) the term ‘impacts’ means the positive and negative, 

direct and indirect, intended and unintended long-term effects produced by a program, project, or activity; 

‘‘(D) the term ‘outcomes’ means the likely or achieved 

immediate and intermediate effects of the outputs of a program, project, or activity; 

‘‘(E) the term ‘outputs’ means the products, capital, 

goods, and services that result from a program, project, or 

activity; and 

‘‘(F) the term ‘performance monitoring and improvement’ 

means a continuous process of collecting, analyzing, and 

using data to compare how well a program, project, or activity is being implemented against expected outputs and 

program costs and to make appropriate improvements accordingly. 

‘‘(h) FUNDING.—Of the amounts authorized to be appropriated for 

each United States foreign assistance program for each of the fiscal 

years 2010 and 2011, not less than 5 percent of such amounts 

should be made available to carry out this section.’’. 

(b) REPEALS OF OBSOLETE AUTHORIZATIONS OF ASSISTANCE; CONFORMING AMENDMENTS.— 

(1) REPEALS.—The following provisions of the Foreign Assistance Act of 1961 are hereby repealed: 

(A) Section 125 (22 U.S.C. 2151w; relating to general development assistance). 

(B) Section 219 (22 U.S.C. 2179; relating to prototype 

desalting plant). 

(C) Title V of chapter 2 of part I (22 U.S.C. 2201; relating to disadvantaged children in Asia). 

(D) Section 466 (22 U.S.C. 2286; relating to debt-for-nature exchanges pilot program for sub-Saharan Africa). 

(E) Sections 494, 495, and 495B through 495K (22 

U.S.C. 2292c, 2292f, and 2292h through 2292q; relating to 

certain international disaster assistance authorities). 

(F) Section 648 (22 U.S.C. 2407; relating to certain miscellaneous provisions). 

(2) CONFORMING AMENDMENT.—Section 135 of the Foreign 

Assistance Act of 1961 (22 U.S.C. 2152h) is amended by striking ‘‘section 135’’ and inserting ‘‘section 136’’. 


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SEC. 1115. GLOBAL HUNGER AND FOOD SECURITY. 

(a) STATEMENT OF POLICY.—It shall be the policy of the United 

States to reduce global hunger, advance nutrition, increase food security, and ensure that relevant Federal policies and programs— 

(1) provide emergency response and direct support to vulnerable populations in times of need, whether provoked by natural 

disaster, conflict, or acute economic difficulties; 

(2) increase resilience to and reduce, limit, or mitigate the 

impact of shocks on vulnerable populations, reducing the need 

for emergency interventions; 

(3) increase and build the capacity of people and governments to sustainably feed themselves; 

(4) ensure adequate access for all individuals, especially 

mothers and children, to the required calories and nutrients 

needed to live healthy lives; 

(5) strengthen the ability of small-scale farmers, especially 

women, to sustain and increase their production and livelihoods; and 

(6) incorporate sustainable and environmentally sound agricultural methods and practices. 

(b) INITIATIVES.—It is the sense of Congress that initiatives developed to carry out subsection (a) should— 

(1) be guided by a comprehensive strategy under Presidential 

leadership that integrates the policies and programs of all Federal agencies; 

(2) be balanced and flexible to allow for programs that meet 

emergency needs and increased investments in longer-term 

programs; 

(3) develop mechanisms that allow cash and commoditybased resources to be effectively combined; 

(4) define clear targets, benchmarks, and indicators of success, including gender analysis, in order to monitor implementation, guarantee accountability, and determine whether beneficiaries achieve increased and sustainable food security; 

(5) employ the full range of diplomatic resources and provide 

incentives to other countries to meet their obligations to reduce 

hunger and promote food security; and 

(6) work within a framework of multilateral commitments. 

(c) COMPREHENSIVE STRATEGY TO ADDRESS GLOBAL HUNGER AND

FOOD SECURITY.— 

(1) IN GENERAL.—Not later than 30 days after the date of the 

enactment of this Act, the President shall direct the Secretary 

of State to develop and implement a comprehensive strategy to 

address global hunger and food security with respect to international programs and policies for— 

(A) emergency response and management; 

(B) safety nets, social protection, and disaster risk reduction; 

(C) nutrition; 

(D) market-based agriculture, the rehabilitation and expansion of rural agricultural infrastructure, and rural development; 

(E) agricultural education, research and development, 

and extension services; 


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(F) government-to-government technical assistance programs; 

(G) natural resource management, environmentally 

sound agriculture, and responses to the impact of climate 

change on agriculture and food production; 

(H) monitoring and evaluation mechanisms; and 

(I) provision of adequate and sustained resources, including multiyear funding, to ensure the scale and duration of 

programs required to carry out the United States commitment to alleviate global hunger and promote food security. 

(2) COORDINATION WITH INTERNATIONAL GOALS.—In accordance with applicable law, the Secretary of State shall ensure 

that the comprehensive strategy described in paragraph (1) 

contributes to achieving the Millennium Development Goal of 

reducing global hunger by half not later than 2015 and to advancing the United Nations Comprehensive Framework for Action with respect to global hunger and food security, including 

supporting the United Nations, international agencies, governments, and other relevant organizations and entities in carrying out the Comprehensive Framework for Action. 

(d) REPORTS.— 

(1) IN GENERAL.—The Secretary of State shall submit to the 

President and Congress, not later than March 31, 2010, and 

annually thereafter for the next two years, an annual report on 

the implementation of the comprehensive strategy to address 

global hunger and food security required under subsection (c), 

including an assessment of agency innovations, achievements, 

and failures to perform, and policy and budget recommendations for changes to agency operations, priorities, and funding. 

(2) GAO.—Not later than two years after the date of the enactment of this Act and two years thereafter, the Comptroller 

General of the United States shall submit to Congress a report 

evaluating the design, implementation, and Federal Government coordination of a comprehensive strategy to address global hunger and food security required on subsection (c). 

SEC. 1116. STATEMENT OF CONGRESS ON THE HUMANITARIAN SITUATION IN SRI LANKA. 

Congress makes the following statements: 

(1) the United States welcomes the end to the 26-year conflict in Sri Lanka between the Government of Sri Lanka and 

the Liberation Tigers of Tamil Eelam; 

(2) a durable and lasting peace will only be achieved through 

a political solution that addresses the legitimate aspirations of 

all Sri Lankan communities, including the Tamils; 

(3) the United States eagerly looks forward to the Government of Sri Lanka’s putting forward a timely and credible proposal to engage its Tamil community and address the legitimate grievances of its Tamil citizens so that peace and reconciliation can be achieved and sustained; 

(4) the United States supports the international community’s 

call for full and immediate access to humanitarian relief agencies to camps for internally displaced persons, and remains 

deeply concerned about the plight of the thousands civilians affected by the civil war; 


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(5) the United States expects the Government of Sri Lanka 

to abide by its commitments to allow access for representatives 

of the responsible international organizations throughout the 

screening and registration process for internally displaced persons; and 

(6) the United States welcomes the Government of Sri 

Lanka’s commitment to place the camps under civilian control 

and ensure that such camps meet international humanitarian 

standards, including the right to freedom of movement, as well 

as Sri Lanka’s pledge to release camp residents, reunite them 

with separated family members and permit them to return to 

their homes at the earliest possible opportunity. 

Strike section 1122. 

Strike section 1123. 

Page 341, after line 18, insert the following: 

SEC. 1129. SENSE OF CONGRESS RELATING TO THE MURDER OF 

UNITED STATES AIR FORCE RESERVE MAJOR KARL D. 

HOERIG AND THE NEED FOR PROMPT JUSTICE IN STATE 

OF OHIO V. CLAUDIA C. HOERIG. 

(a) FINDINGS.—Congress finds the following: 

(1) United States Air Force Reserve Major Karl D. Hoerig of 

Newton Falls, Ohio, was a United States citizen and soldier 

who admirably served his country for over 25 years and flew 

over 200 combat missions. 

(2) The State of Ohio has charged Claudia C. Hoerig with aggravated murder in the case of State of Ohio v. Claudia C. 

Hoerig. 

(3) The State of Ohio charges that Claudia C. Hoerig, Karl 

D. Hoerig’s wife, allegedly purchased a .357 five-shot revolver, 

practiced shooting the weapon, and then shot Karl D. Hoerig 

three times, which led to his death on March 12, 2007. 

(4) Claudia C. Hoerig fled to Brazil, and claims she is both 

a citizen of the United States and Brazil. 

(5) Brazil’s constitution forbids extradition of its nationals, 

but the United States and Brazil recognize and uphold a Treaty of Extradition signed in 1964. 

(6) Law enforcement officials are vigorously pursuing State 

of Ohio v. Claudia C. Hoerig, the charge of aggravated murder 

is internationally recognized, and the punishment, which is not 

capital punishment, is internationally respected. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) the alleged aggravated murder of United States Air Force 

Reserve Major Karl D. Hoerig is deserving of justice, and his 

family and friends deserve closure regarding the murder of 

their loved one; 

(2) the United States Government should, as a priority matter, work with prosecutors in the State of Ohio, as well as facilitate cooperation with the Government of Brazil, in order to 

obtain justice in this tragic case; and 

(3) a resolution of the case of State of Ohio v. Claudia Hoerig 

is important to maintain the traditionally close cooperation 

and friendship between the United States and Brazil. 


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2. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROS- LEHTINEN OF FLORIDA, OR HER DESIGNEE, DEBATABLE FOR 10 

MINUTES

At the end of subtitle B of title IV, add the following: 

SEC. 418. WITHHOLDING OF CONTRIBUTIONS EQUAL TO NUCLEAR 

TECHNICAL COOPERATION PROVIDED TO IRAN, SYRIA, 

SUDAN AND CUBA IN 2007. 

The Secretary of State shall withhold $4,472,100 from the United 

States contribution for fiscal year 2010 to the regularly assessed 

budget of the International Atomic Energy Agency. 

3. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POLIS OF

COLORADO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 26, line 21, insert ‘‘and, if practicable, made available over 

the internet’’ after ‘‘general public’’. 

Page 27, line 7, insert before the period the following: ‘‘, including making such films available over the internet, if practicable’’. 

Page 27, line 16, insert ‘‘, including online outreach,’’ after ‘‘resource centers’’. 

At the end of subtitle C of title III, insert the following: 

SEC. 3ll. BROADENING EXPERIENCE WITHIN THE FOREIGN SERVICE. 

Not later than 180 days after the date of the enactment of this 

Act, the Secretary of State, acting through the Director of the Foreign Service, shall submit to the appropriate congressional committees a detailed plan to increase the career incentives provided to 

Foreign Service officers to serve in bureaus and offices of the Department of State not primarily focused on regional issues, including the Bureau of Democracy, Human Rights and Labor, the Bureau of Oceans and International Environmental and Scientific Affairs, and the Bureau of Population, Refugees and Migration. In 

formulating such plan, the Secretary shall consult with a broad 

range of active and retired Foreign Service officers and current and 

former officials of the Department to elicit proposals on how to promote non-regional assignments, and shall consider— 

(1) requiring all Foreign Service officers to serve at least two 

years in an bureau or office of the Department not primarily 

focused on regional issues prior to joining the Senior Foreign 

Service; and 

(2) changing the composition of Foreign Service selection 

boards to increase the participation of Department personnel 

with extensive experience in bureaus and offices of the Department not primarily focused on regional issues. 

4. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HUNTER OF

CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 911(c), redesignate paragraphs (3) and (4) as paragraphs (4) and (5). 

In section 911(c), insert after paragraph (2) the following: 

(3) the Secretary of Defense; 


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52 

5. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE NADLER OF

NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title XI, add the following: 

SEC. 11ll. SENSE OF CONGRESS REGARDING PENSION PAYMENTS 

OWED BY THE STATES OF THE FORMER SOVIET UNION. 

It is the sense of Congress that the United States should continue working with the states of the former Soviet Union to come 

to an agreement whereby each state of the former Soviet Union 

would pay the tens of thousands of beneficiaries who have immigrated to the United States the pensions for which they are eligible 

and entitled. 

6. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MCCAUL

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title XI, add the following: 

SEC. 11ll. COMPREHENSIVE INTERAGENCY STRATEGY AND IMPLEMENTATION PLAN FOR SUDAN. 

(a) STRATEGY AND PLAN.—Not later than 60 days after the date 

of the enactment of this Act, the President shall develop and transmit to the appropriate congressional committees a comprehensive 

interagency strategy and implementation plan, which may include 

a classified annex, to address the ongoing and inter-related crises 

in Sudan and advance United States national security and humanitarian interests in Sudan, which shall include the elements specified in subsection (c). 

(b) ELEMENTS.—The comprehensive interagency strategy and implementation plan required under subsection (b) shall contain at 

least the following elements: 

(1) Consistent with section 1127, a description of a comprehensive policy toward Sudan which balances United States 

interests in— 

(A) resolving the conflict in Darfur; 

(B) implementing the Comprehensive Peace Agreement 

(CPA) and promoting peace and stability in Southern 

Sudan; 

(C) resolving long-standing conflicts in Abyei, Blue Nile, 

and Southern Kordofan; 

(D) advancing respect for democracy, human rights, and 

religious freedom throughout the country; 

(E) addressing internal and regional security; and 

(F) combating Islamist extremism. 

(2) Progress toward achieving the policy objectives specified 

in paragraph (1), including— 

(A) facilitating the full deployment and freedom of movement of the hybrid United Nations-African Union Mission 

in Darfur; 

(B) ensuring access and security for humanitarian organizations throughout the country including, as appropriate, 

those organizations that wrongfully have been expelled by 

the Sudanese regime; 

(C) promoting reconciliation within and among disparate 

groups; 


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53 

(D) advancing regional security and cooperation while 

eliminating cross-border support for armed insurgents; 

(E) meeting the CPA benchmarks, including preparations for the conduct of national elections and referendum; 

and 

(F) shutting down safe-havens for extremists who pose a 

threat to the national security of the United States and its 

allies. 

(3) A description of how United States assistance will be 

used to achieve the objectives of United States policy toward 

Sudan, including a financial plan and description of resources, 

programming, and management of United States foreign assistance to Sudan and the criteria used to determine their 

prioritization. 

(4) An evaluation and description of additional measures 

that will be taken to advance United States policy, which may 

range from— 

(A) application of multilateral sanctions by the United 

Nations or regional allies, or expansion of existing United 

States sanctions; 

(B) imposition of a no-fly zone or other coercive measures; or 

(C) rapprochement with the Sudanese regime or other 

diplomatic measures. 

(5) A complete description of both the evaluation process for 

reviewing and adjusting the strategy and implementation as 

necessary, and measures of effectiveness for the implementation of the strategy. 

(c) UPDATES OF STRATEGY.—The President shall transmit in writing to the appropriate congressional committees any updates of the 

comprehensive interagency strategy and implementation plan required under subsection (b), as necessary. 

7. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LARSEN OF

WASHINGTON, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title XI, add the following: 

SEC. 11ll. STATEMENT OF POLICY REGARDING CLIMATE CHANGE. 

To protect American jobs, spur economic growth and promote a 

‘‘Green Economy’’, it shall be the policy of the United States that, 

with respect to the United Nations Framework Convention on Climate Change, the President, the Secretary of State and the Permanent Representative of the United States to the United Nations 

should prevent any weakening of, and ensure robust compliance 

with and enforcement of, existing international legal requirements 

as of the date of the enactment of this Act for the protection of intellectual property rights related to energy or environmental technology, including wind, solar, biomass, geothermal, hydro, landfill 

gas, natural gas, marine, trash combustion, fuel cell, hydrogen, 

micro-turbine, nuclear, clean coal, electric battery, alternative fuel, 

alternative refueling infrastructure, advanced vehicle, electric grid, 

or energy efficiency-related technologies. 


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8. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE SESSIONS

OF TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title XI, add the following: 

SEC. 11ll. SENSE OF CONGRESS RELATING TO ISRAEL’S RIGHT TO 

SELF-DEFENSE. 

It is the sense of Congress that Israel has the inalienable right 

to defend itself in the face of an imminent nuclear or military 

threat from Iran, terrorist organizations, and the countries that 

harbor them. 

9. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE DAVIS OF

CALIFORNIA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title XI, add the following: 

SEC. 11ll. AUDIT REQUIREMENTS FOR THE INSPECTORS GENERAL 

OF THE DEPARTMENT OF STATE, THE DEPARTMENT OF 

DEFENSE, AND THE UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT, AND THE SPECIAL INSPECTOR 

GENERAL FOR AFGHANISTAN RECONSTRUCTION. 

(a) AUDIT REQUIREMENTS.—The Inspectors General of the Department of State, the Department of Defense, and the United 

States Agency for International Development, and the Special Inspector General for Afghanistan Reconstruction should address, as 

appropriate, in their auditing and assessment protocols for Afghanistan, the impact United States development assistance has on the 

social, economic, and political empowerment of Afghan women, including the extent to which such assistance helps to carry out the 

following: 

(1) Section 103(a)(7) of the Afghan Freedom Support Act 

(Public Law 107–327). 

(2) The goal expressed in section 102(4) of the Afghan Freedom Support Act (Public Law 107–327) to ‘‘help achieve a 

broad-based, multi-ethnic, gender-sensitive, and fully representative government in Afghanistan that is freely chosen by 

the people of Afghanistan and that respects the human rights 

of all Afghans, particularly women.’’. 

(b) REPORT.—Not later than one year after the date of the enactment of this Act, the Inspectors General of the Department of 

State, the Department of Defense, and the United States Agency 

for International Development, and the Special Inspector General 

for Afghanistan Reconstruction shall submit to Congress a report 

on the implementation of this section. 

10. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWNWAITE OF FLORIDA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 505. 

11. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HOLT OF

NEW JERSEY, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title X, add the following: 


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SEC. 10ll. REPORT ON CHILD ABDUCTION. 

Not later than 60 days after the date of the enactment of this 

Act, the Secretary of State shall submit to Congress a report containing recommendations for changes to the Hague Convention on 

the Civil Aspects of International Child Abduction and related 

United States laws and regulations regarding international parental child abduction that would, if enacted, provide the United 

States additional legal tools to ensure compliance with the Hague 

Convention and facilitate the swift return of United States children 

wrongfully removed from the United States as a result of international parental child abduction, such as in the case of Sean Goldman of Tinton Falls, New Jersey. 

12. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BROWNWAITE OF FLORIDA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Strike section 303. 

13. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE BISHOP

OF NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title X of the bill, add the following new section: 

SEC. 1012. REPORT ON EFFECTS OF BUY AMERICA ACT WAIVERS 

UNDER THE PEPFAR PROGRAM. 

(a) STUDY.—The Comptroller General of the United States shall 

conduct a study of the effects of the United States Agency for International Development’s use of waivers under the Buy America Act 

for HIV test kits under the President’s Emergency Plan for AIDS 

Relief (PEPFAR) program on— 

(1) United States-based manufacturers; and 

(2) availability of and access to HIV testing for at-risk populations in low-income countries 

(b) REPORT.—Not later than 180 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress 

a report on the results of the study required under subsection (a). 

14. AN AMENDMENT T BE OFFERED BY REPRESENTATIVE MOORE OF

WISCONSIN, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

In section 1107, redesignate paragraphs (4) and (5) as paragraphs (5) and (6), respectively. 

In section 1107, insert after paragraph (3) the following: 

(4) recognizes that actions limiting or suppressing the 

human rights of Afghan women and girls undermines the intent of the significant financial and training contributions that 

the United States and international community have provided 

to rebuild the country and to help establish institutions that 

protect and promote respect of basic and fundamental human 

rights to overcome the devastating damage to those rights from 

years of Taliban rule. 


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15. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE ROYCE OF

CALIFORNIA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle B of title XI, add the following: 

SEC. 11ll. SENSE OF CONGRESS RELATING TO ERITREA. 

(a) FINDINGS.—Congress finds the following: 

(1) Section 6(j) of the Export Administration Act of 1979, section 40 of the Arms Export Control Act, and section 640A of 

the Foreign Assistance Act of 1961 stipulate that a designated 

state sponsor of terrorism is one ‘‘that repeatedly provides support to acts of international terrorism’’. 

(2) Eritrea repeatedly has provided support for terrorists in 

Somalia, including the al-Shabaab insurgent group, which 

maintains links to the al-Qaeda network, and has been designated a Foreign Terrorist Organization by the Secretary of 

State pursuant to section 219 of the Immigration and Nationality Act (INA), as amended. 

(3) The UN Sanctions Monitoring Group on Somalia, established by a committee of the United Nations Security Council 

pursuant to resolutions 751 (1992) and 1519 (2003), reported 

in July 2007 that ‘‘huge quantities of arms have been provided 

to the Shabaab by and through Eritrea,’’ and ‘‘the weapons in 

caches and otherwise in possession of the Shabaab include an 

unknown number of surface-to-air missiles, suicide belts, and 

explosives with timers and detonators’’. 

(4) On August 17, 2007, former Assistant Secretary of State 

for African Affairs Jendayi Frazer stated, ‘‘Eritrea has played 

a key role in financing, funding and arming the terror and insurgency activities which are taking place in Somalia, and is 

the primary source of support for that insurgency and terror 

activity.’’. 

(5) In September 2007, Eritrea hosted the Congress for Somali Liberation and Reconciliation conference, offering sanctuary to al-Qaeda linked factions of the Somali opposition, including Sheik Hassan Dahir Aweys, who has been designated 

as a terrorist under Executive Order No. 13224 and United 

Nations Security Council Resolution 1267 for his associations 

with al-Qaeda, and since has provided substantial political, 

diplomatic, financial and military support to the Asmara-based 

Alliance for the Reconstruction of Somalia (ARS) led by Aweys. 

(6) In April 2008, the UN Sanctions Monitoring Group on Somalia reported, ‘‘the Government of Eritrea continues to provide support to groups that oppose the Transitional Federal 

Government in the form of arms and military training to fighters of the Shabaab,’’ and that on or about January 8, 2008, an 

arms shipment from Eritrea arrived in Mogadishu containing 

dismantled RPG–7s, hand grenades, anti-tank mines, detonators, pistols, mortar shells, AK–47 assault rifles, PKM machine guns, RPG–2s, small mortars, FAL assault rifles, riflefired grenades for the FAL, M–16s and explosives. 

(7) The April 2008 report of the UN Sanctions Monitoring 

Group also found that, ‘‘towards the end of 2007, about 120 

fighters of the Shabaab travelled to Eritrea for the purpose of 

attending military training at a military base located near the 

Ethiopian border.’’ 


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(8) In its December 2008 report, the UN Sanctions Monitoring Group on Somalia identified Eritrea as a ‘‘principal violator’’ of the arms embargo on Somalia and asserted that ‘‘Eritrean arms embargo violations take place with the knowledge 

and authorization of senior officials within the Eritrean Government and the ruling People’s Front for Democracy and Justice (PFDJ).’’. 

(9) In testimony before the Senate Permanent Select Committee on Intelligence on February 12, 2009, Director of the 

Defense Intelligence Agency Lieutenant General Michael 

Maples stated, ‘‘Senior East Africa-based al-Qaida operatives 

remain at large and likely continue attack planning against 

U.S. and Western interests in the region,’’ and ‘‘Recent propaganda from both al-Qaida and the Somalia-based terrorist 

group al-Shabaab highlighting their shared ideology suggests a 

formal merger announcement is forthcoming.’’. 

(10) On May 20, 2009, Assistant Secretary of State for Africa 

Affairs Johnnie Carson testified before the Senate Foreign Relations Committee that, ‘‘al-Shabaab . . . continues to harbor 

terrorists, target civilians and humanitarian workers, and attempt to overthrow the TFG through violent means,’’ and that 

‘‘a loose coalition of forces under the banner of Hizbul al-Islam, 

have been attacking TFG forces and other moderates in 

Mogadishu in an attempt to forcefully overthrow the transitional government. We have clear evidence that Eritrea is supporting these extremist elements, including credible reports 

that the Government of Eritrea continues to supply weapons 

and munitions to extremists and terrorist elements.’’. 

(11) Assistant Secretary Carson also testified, ‘‘There is also 

clear evidence of an al-Qaeda presence in Somalia. In 2008, 

East Africa al-Qaeda operative Saleh al-Nabhan distributed a 

video showing training camp activity in Somalia and inviting 

foreigners to travel there for training. A small number of senior Al-Qaeda operatives have worked closely with al-Shabaab 

leaders in Somalia, where they enjoy safe haven. We have 

credible reports of foreigners fighting with al-Shabaab.’’. 

(12) On May 14, 2009, Ian Kelly, Spokesman for the U.S. Department of State, stated, ‘‘Over the past week, extremists in 

Mogadishu have repeatedly attacked the people of Somalia and 

the Transitional Federal Government in pursuit of a radical 

agenda that can only promote further acts of terrorism and 

lead to greater regional instability. Eritrea has been instrumental in facilitating support of the extremists to commit these 

attacks..’’ 

(13) In a Presidential Statement issued on May 18, 2009, the 

UN Security Council expressed ‘‘concern over reports that Eritrea has supplied arms to those opposing the Transitional Federal Government of Somalia in breach of the UN arms embargo, and called on the UN Sanctions Monitoring Group to investigate’’. 

(14) On May 21, 2009, the Inter Governmental Authority on 

Development (IGAD), a regional group made up of Djibouti, 

Ethiopia, Kenya, Somalia, Sudan and Uganda, stated, ‘‘The 

government of Eritrea and its financiers continue to instigate, 

finance, recruit, train, fund and supply the criminal elements 


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58 

in and/or to Somalia,’’ and called on the Security Council of the 

United Nations ‘‘to impose sanctions on the government of Eritrea without any further delay.’’. 

(15) The Peace and Security Council of the African Union, at 

its 190th meeting held on May 22, 2009, issued a communique ́

expressing, ‘‘deep concern at the reports regarding the support 

provided to these armed groups, through training, provision of 

weapons and ammunitions and funding, by external actors, including Eritrea, in flagrant violation of the United Nations 

arms embargo’’ and called on the UN Security Council to impose sanctions against Eritrea. 

(b) SENSE OF CONGRESS.—It is the sense of Congress that— 

(1) Eritrea’s ongoing and well-documented support for armed 

insurgents in Somalia, including for designated Foreign Terrorist Organizations and individuals linked to the deadly 

bombings by al-Qaeda of the United States Embassies in 

Nairobi, Kenya and Dar es Salaam, Tanzania in 1998, poses a 

significant threat to the national security interests of the 

United States and East African nations; 

(2) the Secretary of State should designate the State of Eritrea as a State Sponsor of Terrorism pursuant to section 6(j) 

of the Export Administration Act of 1979, section 40 of the 

Arms Export Control Act, and section 640A of the Foreign Assistance Act of 1961; and 

(3) the United Nations Security Council should impose sanctions against the State of Eritrea until such time as it ceases 

its support for armed insurgents, including radical Islamist 

militants, engaged in destabilizing activities in Somalia. 

16. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MEEKS OF

NEW YORK, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title X, insert the following: 

SEC. 10ll. REPORT ON UNITED STATES-BRAZIL JOINT ACTION PLAN 

TO ELIMINATE RACIAL DISCRIMINATION. 

Not later than 180 days after the date of the enactment of this 

Act and one year thereafter, the Secretary of State shall submit to 

the appropriate congressional committees a report detailing the 

status, efficacy, and coordination of the United States-Brazil Joint 

Action Plan to Eliminate Racial Discrimination, and a summary of 

short and long-term efforts to address the plight of in Afro Latinos 

and indigenous peoples in the Western Hemisphere through cooperation and bilateral efforts. 

17. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE MATHESON OF UTAH, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle C of title II, add the following: 

SEC. 239. STUDY REGARDING USE OF PASSPORTS FOR OVERSEAS VOTING AND CENSUS. 

The Secretary of State, in consultation with the Attorney General 

and the Director of the Census Bureau, shall conduct a feasibility 

study and submit to Congress a report assessing methods of facilitating voting in United States elections by United States citizens 


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59 

living overseas using passports or other methods, and for using 

passports or other methods to count United States citizens living 

overseas in the United States Census. 

18. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KIRKPATRICK OF ARIZONA, OR HER DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 264, beginning line 1, insert the following: 

(K) FLOW OF ILLEGAL FUNDS.—A description and assessment of efforts to reduce the southbound flow of illegal 

funds. 

19. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE KIRK OF

ILLINOIS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title II, add the following: 

SEC. 205. ELIGIBILITY IN CERTAIN CIRCUMSTANCES FOR AN AGENCY 

OF A FOREIGN GOVERNMENT TO RECEIVE A REWARD 

UNDER THE DEPARTMENT OF STATE REWARDS PROGRAM. 

(a) ELIGIBILITY.—Subsection (f) of section 36 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(f)) is amended— 

(1) by striking ‘‘(f) INELIGIBILITY.—An officer’’ and inserting 

the following: 

‘‘(f) INELIGIBILITY.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), an 

officer’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) EXCEPTION IN CERTAIN CIRCUMSTANCES.—The Secretary 

may pay a reward to an officer or employee of a foreign government (or any entity thereof) who, while in the performance of 

his or her official duties, furnishes information described in 

such subsection, if the Secretary determines that such payment satisfies the following conditions: 

‘‘(A) Such payment is appropriate in light of the exceptional or high-profile nature of the information furnished 

pursuant to such subsection. 

‘‘(B) Such payment may aid in furnishing further information described in such subsection. 

‘‘(C) Such payment is formally requested by such agency.’’. 

(b) CONFORMING AMENDMENT.—Subsection (b) of such section (22 

U.S.C. 2708(b)) is amended in the matter preceding paragraph (1) 

by inserting ‘‘or to an officer or employee of a foreign government 

in accordance with subsection (f)(2)’’ after ‘‘individual’’. 

20. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE LYNCH OF

MASSACHUSETTS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

Page 73, after line 21, insert the following (and amend the table 

of contents accordingly): 


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60 

SEC. 239. REPORT ON SPECIAL IMMIGRANT PROGRAMS FOR CERTAIN 

NATIONALS OF IRAQ AND AFGHANISTAN. 

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Congress a report on the programs authorized under the following provisions: 

(1) Section 1059 of division A of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 8 

U.S.C. 1101 note). 

(2) Section 1244 of division A of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 

Stat. 396 et seq.). 

(b) CONTENTS.—The report under subsection (a) shall address at 

least the following: 

(1) Whether the eligibility requirements with respect to the 

programs are sufficiently clear, and if not, whether legislation 

is necessary to clarify those requirements. 

(2) Whether the programs are being run effectively and expeditiously. 

(3) Whether processing delays exist with respect to the programs that place applicants’ lives at risk, and if so— 

(A) what the cause or causes of the delays are; and 

(B) whether legislation is necessary to eliminate the 

delays. 

21. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE HILL OF

INDIANA, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title X, insert the following: 

SEC. 10ll. REPORT ON REDUCING SMUGGLING AND TRAFFICKING IN 

PERSONS. 

The Secretary of State, in consultation with the heads of other 

relevant Federal departments and agencies, shall conduct a costbenefit analysis and submit to Congress a report on how best to 

use United States funds to reduce smuggling and trafficking in persons. 

22. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE PETERS

OF MICHIGAN, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of Title X, insert the following: 

SEC. 10ll. REPORT ON WESTERN HEMISPHERE TRAVEL INITIATIVE. 

Not later than 18 months after the date of enactment of this Act, 

the Secretary of State shall submit to Congress a report on the effects of the Western Hemisphere Travel Initiative (WHTI) on the 

flow of people, goods, and services across the international borders 

of the United States, Canada, Mexico, Bermuda, and the Caribbean 

region, with particular emphasis on whether WHTI has been effective in meeting its goal of strengthening United States border security and enhancing accountability of individuals entering the 

United States, and an assessment of the economic impact associated with WHTI and its effects on small businesses. 


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23. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE TEAGUE

OF NEW MEXICO, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title XI, insert the following: 

SEC. 11ll. GLOBAL CLEAN ENERGY EXCHANGE PROGRAM. 

(a) PROGRAM ESTABLISHMENT.—The Secretary of State is authorized to establish a program to strengthen research, educational exchange, and international cooperation with the aim of promoting 

the development and deployment of clean and efficient energy technologies in order to reduce global greenhouse gas emissions, address issues of energy poverty in developing countries, and extend 

the reach of United States technologies and ingenuity that would 

be beneficial to developing countries. The program authorized 

under this subsection shall be carried out pursuant to the authorities of the Mutual Educational and Cultural Exchange Act of 1961 

(22 U.S.C. 2451 et seq.) and may be referred to as the ‘‘Global 

Clean Energy Exchange Program’’. 

(b) DEFINITIONS.—In this section: 

(1) CLEAN AND EFFICIENT ENERGY TECHNOLOGY.—The term 

‘‘clean and efficient energy technology’’ means an energy supply or end-use technology— 

(A) such as— 

(i) solar technology; 

(ii) wind technology; 

(iii) geothermal technology; 

(iv) hydroelectric technology 

(v) alternative fuels; and 

(vi) carbon capture technology; and 

(B) that, over its life cycle and compared to a similar 

technology already in commercial use— 

(i) is reliable, affordable, economically viable, socially acceptable, and compatible with the needs and 

norms of the country involved; 

(ii) results in— 

(I) reduced emissions of greenhouse gases; or 

(II) increased geological sequestration; and 

(iii) may— 

(I) substantially lower emissions of air pollutants; or 

(II) generate substantially smaller or less hazardous quantities of solid or liquid waste. 

(2) GEOLOGICAL SEQUESTRATION.—The term ‘‘geological sequestration’’ means the capture and long-term storage in a geological formation of a greenhouse gas from an energy producing 

facility, which prevents the release of greenhouse gases into 

the atmosphere. 

(3) GREENHOUSE GAS.—The term ‘‘greenhouse gas’’ means— 

(A) carbon dioxide; 

(B) methane; 

(C) nitrous oxide; 

(D) hydrofluorocarbons; 

(E) perfluorocarbons; 

(F) sulfur hexafluoride; or 

(G) nitrogen trifluoride. 


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62 

(c) ELEMENTS.—The program authorized under subsection (a) 

shall contain the following elements: 

(1) The financing of studies, research, instruction, and other 

educational activities dedicated to developing clean and efficient energy technologies— 

(A) by or to United States citizens and nationals in foreign universities, governments, organizations, companies, 

or other institutions, and 

(B) by or to citizens and nationals of foreign countries in 

United States universities, governments, organizations, 

companies, or other institutions. 

(2) The financing of visits and exchanges between the United 

States and other countries of students, trainees, teachers, instructors, professors, researchers, entrepreneurs, and other 

persons who study, teach, and conduct research in subjects 

such as the physical sciences, environmental science, public 

policy, economics, urban planning, and other subjects and focus 

on developing and commercially deploying clean and efficient 

energy technologies. 

(d) ACCESS.—The Secretary of State shall ensure that the program authorized under subsection (a) is available to— 

(1) historically Black colleges and universities that are part 

B institutions (as such term is defined in section 322(2) of the 

Higher Education Act of 1965 (20 U.S.C. 1061(2))), Hispanicserving institutions (as such term is defined in section 502(5) 

of such Act (20 U.S.C. 1101a(5))), Tribal Colleges or Universities (as such term is defined in section 316 of such Act (20 

U.S.C. 1059c)), and other minority institutions (as such term 

is defined in section 365(3) of such Act (20 U.S.C. 1067k(3))), 

and to the students, faculty, and researchers at such colleges, 

universities, and institutions; and 

(2) small business concerns owned and controlled by socially 

and economically disadvantaged individuals, small business 

concerns owned and controlled by women, and small business 

concerns owned and controlled by veterans (as such terms are 

defined in section 8(d)(3) of the Small Business Act (15 U.S.C. 

637(d)(3))). 

24. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EDDIE

BERNICE JOHNSON OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR

10 MINUTES

At the end of subtitle B of title II, add the following: 

SEC. 227. EXCHANGES BETWEEN AFGHANISTAN AND THE UNITED 

STATES FOR WOMEN LEGISLATORS. 

(a) PURPOSE.—It is the purpose of this section to provide financial assistance to— 

(1) establish an exchange program for Afghan women legislators of the National Assembly of Afghanistan; 

(2) expand Afghan women participation in international exchange programs of the Department of State; and 

(3) promote the advancement of women in the field of politics, with the aim of encouraging more women to participate in 

civil society, reducing violence against women, and increasing 

educational opportunities for women and children, 


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(b) PROGRAM.—The Secretary of State shall establish an exchange program in cooperation with the women members of parliament in Afghanistan to enable Afghan women legislators to encourage more women to participate in, and continue to be active in, 

politics and the democratic process in Afghanistan. 

25. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE EDDIE

BERNICE JOHNSON OF TEXAS, OR HER DESIGNEE, DEBATABLE FOR

10 MINUTES

At the end of subtitle B of title XI, add the following: 

SEC. 11ll. INTERNATIONAL PREVENTION AND ELIMINATION OF 

CHILD SOLDIERS. 

It is the sense of Congress that— 

(1) the use of child soldiers is unacceptable; 

(2) the use of child soldiers is a violation of human rights 

and the prevention and elimination of child soldiers should be 

a foreign policy goal of the United States; 

(3) the use of child soldiers promotes killing and maiming, 

sexual violence, abductions, destabilization, and displacement; 

(4) investing in the health, education, well being, and safety 

of children, and providing economic opportunity and vocational 

training for at-risk youth, is critical to achieving the goals of 

the United Nations Convention of the Rights of Children; and 

(5) countries should raise to 18 years of age the minimum 

age for the voluntary recruitment of persons into their national 

armed forces. 

26. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE POE OF

TEXAS, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of title X, insert the following: 

SEC. 10ll. REPORT ON UNITED STATES CONTRIBUTIONS TO THE 

UNITED NATIONS. 

(a) IN GENERAL.—Not later than 90 days after the date of the enactment of this Act and annually thereafter for the next two years, 

the President shall submit to Congress a report, with respect to the 

preceding fiscal year, listing each United States agency, department, or entity that provides assessed or voluntary contributions to 

the United Nations and United Nations affiliated agencies and related bodies through grants, contracts, subgrants, or subcontracts 

that is not fully compliant with the requirements to post such funding information for the fiscal year covered by such report on the 

website ‘‘USAspending.gov’’ as required by the Federal Funding Accountability and Transparency Act (Public Law 109–282). 

(b) AVAILABILITY TO PUBLIC.—The Office of Management and 

Budget shall post a public version of each report submitted under 

subsection (a) on a text-based searchable and publicly available 

Internet website. 


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27. AN AMENDMENT TO BE OFFERED BY REPRESENTATIVE CASTLE

OF DELAWARE, OR HIS DESIGNEE, DEBATABLE FOR 10 MINUTES

At the end of subtitle A of title XI, add the following (and amend 

the table of contents accordingly): 

SEC. 11ll. ALIEN REPATRIATION. 

Section 243(d) of the Immigration and Nationality Act (8 U.S.C. 

1253(d)) is amended to read as follows: 

‘‘(d) ENSURING RETURN OF REMOVED ALIENS.— ‘‘(1) DISCONTINUING GRANTING VISAS TO NATIONALS OF COUN- TRIES DENYING OR DELAYING ACCEPTING ALIEN.—On being notified by the Secretary of Homeland Security that the government of a foreign country denies or unreasonably delays accepting an alien who is a citizen, subject, national, or resident 

of that country after the Secretary of Homeland Security asks 

whether the government will accept the alien under this section, the Secretary of State shall order consular officers in that 

foreign country to discontinue granting immigrant visas or 

nonimmigrant visas, or both, to citizens, subjects, nationals, 

and residents of that country until the Secretary of Homeland 

Security notifies the Secretary of State that the country has accepted the alien. 

‘‘(2) DENYING ADMISSION TO FOREIGN GOVERNMENT OFFICIALS

OF COUNTRIES DENYING ALIEN RETURN.—If the Secretary of 

Homeland Security determines that the government of a foreign country denies or unreasonably delays accepting an alien 

who is a citizen, subject, national, or resident of that country 

after the alien has been ordered removed, the Secretary of 

Homeland Security, in consultation with the Secretary of 

State, may deny admission to any citizen, subject, national, or 

resident of that country who is seeking or has received a nonimmigrant visa pursuant to subparagraphs (A) and (G) of section 101(a)(15). 

‘‘(3) QUARTERLY REPORTS.—Not later than 90 days after the 

date of the enactment of the Foreign Relations Authorization 

Act, Fiscal Years 2010 and 2011, and every 3 months thereafter, the Secretary of Homeland Security shall submit to the 

Congress a report that— 

‘‘(A) lists all the countries which refuse or unreasonably 

delay repatriation; and 

‘‘(B) includes the total number of aliens who were refused repatriation, disaggregated by— 

‘‘(i) country; 

‘‘(ii) detention status; and 

‘‘(iii) criminal status.’’. 

Æ 


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