IIB 

111TH CONGRESS 

1ST SESSION H. R. 2410 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2009 

Received; read twice and referred to the Committee on Foreign Relations 

AN ACT 

To authorize appropriations for the Department of State 

and the Peace Corps for fiscal years 2010 and 2011, 

to modernize the Foreign Service, to authorize democratic, economic, and social development assistance for 

Pakistan, to authorize security assistance for Pakistan, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 DIVISION A—FOREIGN RELA4 TIONS AUTHORIZATION ACT, 

5 FISCAL YEARS 2010 AND 2011 

6 SECTION 1. SHORT TITLE. 

7 This division may be cited as the ‘‘Foreign Relations 

8 Authorization Act, Fiscal Years 2010 and 2011’’. 

9 SEC. 2. TABLE OF CONTENTS. 

10 The table of contents for this Act is as follows: 

DIVISION A—FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL 

YEARS 2010 AND 2011 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Appropriate congressional committees defined. 

TITLE I—AUTHORIZATION OF APPROPRIATIONS 

Sec. 101. Administration of Foreign Affairs. 

Sec. 102. International organizations. 

Sec. 103. International commissions. 

Sec. 104. Migration and refugee assistance. 

Sec. 105. Centers and foundations. 

TITLE II—DEPARTMENT OF STATE AUTHORITIES AND 

ACTIVITIES 

Subtitle A—Basic Authorities and Activities 

Sec. 201. International Litigation Fund. 

Sec. 202. Actuarial valuations. 

Sec. 203. Special agents. 

Sec. 204. Repatriation loans. 

Sec. 205. Eligibility in certain circumstances for an agency of a foreign government to receive a reward under the Department of State rewards program. 

Subtitle B—Public Diplomacy at the Department of State 

Sec. 211. Concentration of public diplomacy responsibilities. 

Sec. 212. Establishment of Public Diplomacy Reserve Corps. 

Sec. 213. Enhancing United States public diplomacy outreach. 

Sec. 214. Public diplomacy resource centers. 

Sec. 215. Grants for international documentary exchange programs. 


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Sec. 216. United States Advisory Commission on Public Diplomacy. 

Sec. 217. Special Olympics. 

Sec. 218. Extension of program to provide grants to American-sponsored 

schools in predominantly Muslim countries to provide scholarships. 

Sec. 219. Central Asia scholarship program for public policy internships. 

Sec. 220. United States-South Pacific Scholarship Program. 

Sec. 221. Scholarships for indigenous peoples of Mexico and Central and South 

America. 

Sec. 222. United States-Caribbean Educational Exchange Program. 

Sec. 223. Exchanges between Sri Lanka and the United States to promote dialogue among minority groups in Sri Lanka. 

Sec. 224. Exchanges between Liberia and the United States for women legislators. 

Sec. 225. Public diplomacy plan for Haiti. 

Sec. 226. Transfer of the Vietnam Education Foundation to the Department of 

State. 

Sec. 227. Exchanges between Afghanistan and the United States for women 

legislators. 

Subtitle C—Consular Services and Related Matters 

Sec. 231. Permanent authority to assess passport surcharge. 

Sec. 232. Sense of Congress regarding additional consular services in Moldova. 

Sec. 233. Reforming refugee processing. 

Sec. 234. English language and cultural awareness training for approved refugee applicants. 

Sec. 235. Iraqi refugees and internally displaced persons. 

Sec. 236. Videoconference interviews. 

Sec. 237. Tibet. 

Sec. 238. Processing of certain visa applications. 

Sec. 239. Report on special immigrant programs for certain nationals of Iraq 

and Afghanistan. 

Sec. 240. Study regarding use of passports for overseas voting and census. 

Subtitle D—Strengthening Arms Control and Nonproliferation Activities at 

the Department of State 

Sec. 241. Findings and sense of Congress on the need to strengthen United 

States arms control and nonproliferation capabilities. 

Sec. 242. Authorization of additional arms control and nonproliferation positions. 

Sec. 243. Additional authority of the Secretary of State. 

Sec. 244. Additional flexibility for rightsizing arms control and nonproliferation 

functions. 

Sec. 245. Arms control and nonproliferation rotation program. 

Sec. 246. Arms control and nonproliferation scholarship program. 

Sec. 247. Scientific advisory committee. 

TITLE III—ORGANIZATION AND PERSONNEL AUTHORITIES 

Subtitle A—Towards Modernizing the Department of State 

Sec. 301. Towards a more modern and expeditionary Foreign Service. 

Sec. 302. Quadrennial review of diplomacy and development. 

Sec. 303. Establishment of the Lessons Learned Center. 

Sec. 304. Locally employed staff compensation. 


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Sec. 305. Increasing the capacity of the Department of State to respond to 

crises. 

Subtitle B—Foreign Service Pay Equity and Death Gratuity 

Sec. 311. Short title. 

Sec. 312. Overseas comparability pay adjustment. 

Sec. 313. Death gratuity. 

Subtitle C—Other Organization and Personnel Matters 

Sec. 321. Transatlantic diplomatic fellowship program. 

Sec. 322. Security officers exchange program. 

Sec. 323. Suspension of Foreign Service members without pay. 

Sec. 324. Repeal of recertification requirement for Senior Foreign Service. 

Sec. 325. Limited appointments in the Foreign Service. 

Sec. 326. Compensatory time off for travel. 

Sec. 327. Reemployment of Foreign Service annuitants. 

Sec. 328. Personal services contractors. 

Sec. 329. Protection of intellectual property rights. 

Sec. 330. Department of State employment composition. 

Sec. 331. Contracting. 

Sec. 332. Legislative liaison office of the Department of State. 

Sec. 333. Discrimination related to sexual orientation. 

Sec. 334. Office for Global Women’s Issues. 

Sec. 335. Foreign Service victims of terrorism. 

Sec. 336. Broadening experience within the Foreign Service. 

TITLE IV—INTERNATIONAL ORGANIZATIONS 

Subtitle A—International Leadership 

Sec. 401. Short title. 

Sec. 402. Promoting assignments to international organizations. 

Sec. 403. Implementation and establishment of office on multilateral negotiations. 

Sec. 404. Synchronization of United States contributions to international organizations. 

Sec. 405. United States arrearages to the United Nations. 

Subtitle B—General Provisions 

Sec. 411. Organization of American States. 

Sec. 412. Peacekeeping operations contributions. 

Sec. 413. Pacific Islands Forum. 

Sec. 414. Review of activities of international commissions. 

Sec. 415. Enhancing nuclear safeguards. 

Sec. 416. Implementation of recommendations of Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism. 

Sec. 417. Asia-Pacific Economic Cooperation. 

Sec. 418. Implementing an international nuclear fuel bank. 

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING 

Sec. 501. Authorization of appropriations for international broadcasting. 

Sec. 502. Personal services contracting program. 

Sec. 503. Radio Free Europe/Radio Liberty pay parity. 


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Sec. 504. Employment for international broadcasting. 

Sec. 505. Domestic release of the Voice of America film entitled ‘‘A Fateful 

Harvest’’. 

Sec. 506. Establishing permanent authority for Radio Free Asia. 

TITLE VI—PEACE CORPS 

Sec. 601. Findings; statement of policy. 

Sec. 602. Amendments to the Peace Corps Act. 

Sec. 603. Report. 

TITLE VII—SENATOR PAUL SIMON STUDY ABROAD FOUNDATION 

ACT OF 2009 

Sec. 701. Short title. 

Sec. 702. Findings. 

Sec. 703. Purposes. 

Sec. 704. Definitions. 

Sec. 705. Establishment and management of the Senator Paul Simon Study 

Abroad Foundation. 

Sec. 706. Establishment and operation of program. 

Sec. 707. Annual report. 

Sec. 708. Powers of the Foundation; related provisions. 

Sec. 709. General personnel authorities. 

Sec. 710. GAO review. 

Sec. 711. Authorization of appropriations. 

TITLE VIII—EXPORT CONTROL REFORM AND SECURITY 

ASSISTANCE 

Subtitle A—Defense Trade Controls Performance Improvement Act of 2009 

Sec. 801. Short title. 

Sec. 802. Findings. 

Sec. 803. Strategic review and assessment of the United States export controls 

system. 

Sec. 804. Performance goals for processing of applications for licenses to export 

items on United States Munitions List. 

Sec. 805. Requirement to ensure adequate staff and resources for the Directorate of Defense Trade Controls of the Department of State. 

Sec. 806. Audit by Inspector General of the Department of State. 

Sec. 807. Increased flexibility for use of defense trade controls registration fees. 

Sec. 808. Review of International Traffic in Arms Regulations and United 

States Munitions List. 

Sec. 809. Special licensing authorization for certain exports to NATO member 

states, Australia, Japan, New Zealand, Israel, and South 

Korea. 

Sec. 810. Availability of information on the status of license applications under 

chapter 3 of the Arms Export Control Act. 

Sec. 811. Sense of Congress. 

Sec. 812. Definitions. 

Sec. 813. Authorization of appropriations. 

Subtitle B—Provisions Relating to Export Licenses 

Sec. 821. Availability to Congress of Presidential directives regarding United 

States arms export policies, practices, and regulations. 


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Sec. 822. Increase in value of defense articles and services for congressional review and expediting congressional review for Israel. 

Sec. 823. Diplomatic efforts to strengthen national and international arms export controls. 

Sec. 824. Reporting requirement for unlicensed exports. 

Sec. 825. Report on value of major defense equipment and defense articles exported under section 38 of the Arms Export Control Act. 

Sec. 826. Authority to remove satellites and related components from the 

United States Munitions List. 

Sec. 827. Review and report of investigations of violations of section 3 of the 

Arms Export Control Act. 

Sec. 828. Report on self-financing options for export licensing functions of 

DDTC of the Department of State. 

Sec. 829. Clarification of certification requirement relating to Israel’s qualitative military edge. 

Sec. 830. Expediting congressional defense export review period for Israel. 

Sec. 831. Updating and conforming penalties for violations of sections 38 and 

39 of the Arms Export Control Act. 

Sec. 832. Report on certain aspects of United States export controls. 

Subtitle C—Miscellaneous Provisions 

Sec. 841. Authority to build the capacity of foreign military forces. 

Sec. 842. Foreign Military Sales Stockpile Fund. 

Sec. 843. Annual estimate and justification for Foreign Military Sales program. 

Sec. 844. Sense of Congress on the global arms trade. 

Sec. 845. Report on United States’ commitments to the security of Israel. 

Sec. 846. War Reserves Stockpile. 

Sec. 847. Excess defense articles for Central and South European countries 

and certain other countries. 

Sec. 848. Support to Israel for missile defense. 

TITLE IX—ACTIONS TO ENHANCE THE MERIDA INITIATIVE 

Subtitle A—General Provisions 

Sec. 901. Coordinator of United States Government activities to implement the 

Merida Initiative. 

Sec. 902. Adding the Caribbean to the Merida Initiative. 

Sec. 903. Merida Initiative monitoring and evaluation mechanism. 

Sec. 904. Merida Initiative defined. 

Subtitle B—Prevention of Illicit Trade in Small Arms and Light Weapons 

Sec. 911. Task force on the prevention of illicit small arms trafficking in the 

Western Hemisphere. 

Sec. 912. Increase in penalties for illicit trafficking in small arms and light 

weapons to countries in the Western Hemisphere. 

Sec. 913. Department of State rewards program. 

TITLE X—REPORTING REQUIREMENTS 

Sec. 1001. Assessment of Special Court for Sierra Leone. 

Sec. 1002. Report on United States capacities to prevent genocide and mass 

atrocities. 

Sec. 1003. Reports relating to programs to encourage good governance. 

Sec. 1004. Reports on Hong Kong. 


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Sec. 1005. Democracy in Georgia. 

Sec. 1006. Diplomatic relations with Israel. 

Sec. 1007. Police training report. 

Sec. 1008. Reports on humanitarian assistance in Gaza. 

Sec. 1009. Report on activities in Haiti. 

Sec. 1010. Report on religious minority communities in the Middle East. 

Sec. 1011. Iran’s influence in the Western Hemisphere. 

Sec. 1012. Recruitment and hiring of veterans at the Department of State and 

United States Agency for International Development. 

Sec. 1013. Report on child abduction. 

Sec. 1014. Report on effects of Buy America Act waivers under the PEPFAR 

program. 

Sec. 1015. Report on United States-Brazil Joint Action Plan to Eliminate Racial Discrimination. 

Sec. 1016. Report on reducing smuggling and trafficking in persons. 

Sec. 1017. Report on Western Hemisphere Travel Initiative. 

Sec. 1018. Report on United States contributions to the United Nations. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Subtitle A—General Provisions 

Sec. 1101. Bilateral commission with Nigeria. 

Sec. 1102. Authorities relating to the Southern Africa Enterprise Development 

Fund. 

Sec. 1103. Diabetes treatment and prevention and safe water and sanitation for 

Pacific Island countries. 

Sec. 1104. Statelessness. 

Sec. 1105. Statement of Policy Regarding the Ecumenical Patriarchate. 

Sec. 1106. Limitation on assistance for weather cooperation activities to countries in the Americas. 

Sec. 1107. Statement of Congress regarding Afghan women. 

Sec. 1108. Global Peace Operations Initiative programs and activities. 

Sec. 1109. Freedom of the press. 

Sec. 1110. Information for Country Commercial Guides on business and investment climates. 

Sec. 1111. International protection of girls by preventing child marriage. 

Sec. 1112. Statement of Congress regarding return of portraits of Holocaust 

victims to artist Dina Babbitt. 

Sec. 1113. Statement of policy regarding Somalia. 

Sec. 1114. Modernization and streamlining of United States foreign assistance. 

Sec. 1115. Global hunger and food security. 

Sec. 1116. Statement of Congress on the humanitarian situation in Sri Lanka. 

Sec. 1117. 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. 

Sec. 1118. Global clean energy exchange program. 

Sec. 1119. Alien repatriation. 

Sec. 1120. Comprehensive interagency strategy and implementation plan for 

Sudan. 

Sec. 1120A. Statement of policy regarding climate change. 

Subtitle B—Sense of Congress Provisions 

Sec. 1121. Promoting democracy and human rights in Belarus. 


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Sec. 1122. Sense of Congress relating to Soviet nuclear tests and Kazakhstan’s 

commitment to nonproliferation. 

Sec. 1123. Sense of Congress on Holocaust-era property restitution and compensation. 

Sec. 1124. Efforts to secure the freedom of Gilad Shalit. 

Sec. 1125. Sense of Congress relating to Sudan. 

Sec. 1126. Sense of Congress on restrictions on religious freedom in Vietnam. 

Sec. 1127. 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. 

Sec. 1128. Sense of Congress regarding pension payments owed by the states 

of the former Soviet Union. 

Sec. 1129. Sense of Congress relating to Israel’s right to self-defense. 

Sec. 1130. International prevention and elimination of child soldiers. 

DIVISION B—PEACE ACT OF 2009 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

Sec. 4. Declaration of principles. 

TITLE I—DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT 

ASSISTANCE FOR PAKISTAN 

Sec. 101. Purposes of assistance. 

Sec. 102. Authorization of assistance. 

Sec. 103. Multilateral support for Pakistan. 

Sec. 104. Pakistan democracy and prosperity fund. 

Sec. 105. Authorization of appropriations. 

TITLE II—SECURITY ASSISTANCE FOR PAKISTAN 

Sec. 201. Sense of Congress. 

Sec. 202. Purposes of assistance. 

Sec. 203. Authorization of assistance. 

Sec. 204. Pakistan Counterinsurgency Capability Fund. 

Sec. 205. Exchange program between military and civilian personnel of Pakistan and certain other countries. 

Sec. 206. Limitation on United States military assistance to Pakistan. 

Sec. 207. Authorization of appropriations. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Comprehensive regional security strategy. 

Sec. 302. Monitoring and evaluation of assistance. 

Sec. 303. Auditing. 

Sec. 304. Requirements for civilian control of United States assistance for 

Pakistan. 

Sec. 305. Sense of Congress. 

Sec. 306. Reports. 


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Sec. 307. Sunset. 

TITLE IV—DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM 

RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN AND 

PAKISTAN 

Sec. 401. Short title. 

Sec. 402. Definitions; Purposes. 

Sec. 403. Designation of Reconstruction Opportunity Zones. 

Sec. 404. Duty-free treatment for certain nontextile and nonapparel articles. 

Sec. 405. Duty-free treatment for certain textile and apparel articles. 

Sec. 406. Protections against unlawful transshipment. 

Sec. 407. Technical assistance, capacity building, compliance assessment, and 

remediation program. 

Sec. 408. Petition process. 

Sec. 409. Limitations on providing duty-free treatment. 

Sec. 410. Termination of benefits. 

Sec. 411. Customs user fees. 

1 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 Except as otherwise provided in this division, the 

4 term ‘‘appropriate congressional committees’’ means the 

5 Committee on Foreign Affairs of the House of Representa6 tives and the Committee on Foreign Relations of the Sen7 ate. 

8 TITLE I—AUTHORIZATION OF 

9 APPROPRIATIONS 

10 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

11 The following amounts are authorized to be appro12 priated for the Department of State under ‘‘Administra13 tion of Foreign Affairs’’ to carry out the authorities, func14 tions, duties, and responsibilities in the conduct of foreign 

15 affairs of the United States, and for other purposes au16 thorized by law: 

17 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 


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1 (A) AUTHORIZATION OF APPROPRIA2 TIONS.—For ‘‘Diplomatic and Consular Pro3 grams’’ $7,312,016,000 for fiscal year 2010, 

4 and such sums as may be necessary for fiscal 

5 year 2011. 

6 (B) WORLDWIDE SECURITY PROTEC7 TION.—In addition to the amounts authorized 

8 to be appropriated by subparagraph (A), 

9 $1,648,000,000 for fiscal year 2010, and such 

10 sums as may be necessary for fiscal year 2011 

11 are authorized to be appropriated for worldwide 

12 security protection. 

13 (C) PUBLIC DIPLOMACY.—Of the amounts 

14 authorized to be appropriated under subpara15 graph (A), $500,278,000 for fiscal year 2010, 

16 and such sums as may be necessary for fiscal 

17 year 2011 are authorized to be appropriated for 

18 pubic diplomacy. 

19 (D) BUREAU OF DEMOCRACY, HUMAN

20 RIGHTS, AND LABOR.—Of the amounts author21 ized to be appropriated under subparagraph 

22 (A), $20,659,000 for fiscal year 2010, and such 

23 sums as may be necessary for fiscal year 2011 

24 are authorized to be appropriated for the Bu25 reau of Democracy, Human Rights, and Labor. 


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1 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap2 ital Investment Fund’’, $160,000,000 for fiscal year 

3 2010, and such sums as may be necessary for fiscal 

4 year 2011. 

5 (3) EMBASSY SECURITY, CONSTRUCTION AND

6 MAINTENANCE.—For ‘‘Embassy Security, Construc7 tion and Maintenance’’, $1,815,050,000 for fiscal 

8 year 2010, and such sums as may be necessary for 

9 fiscal year 2011. 

10 (4) EDUCATIONAL AND CULTURAL EXCHANGE

11 PROGRAMS.— 

12 (A) AUTHORIZATION OF APPROPRIA13 TIONS.—For ‘‘Educational and Cultural Ex14 change Programs’’, $633,243,000 for fiscal 

15 year 2010, and such sums as may be necessary 

16 for fiscal year 2011. 

17 (B) TIBETAN SCHOLARSHIP PROGRAM.— 

18 Of the amounts authorized to be appropriated 

19 under subparagraph (A), $750,000 for fiscal 

20 year 2010 and $800,000 for fiscal year 2011 

21 are authorized to be appropriated to carry out 

22 the Tibetan scholarship program established 

23 under section 103(b)(1) of the Human Rights, 

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1 sions Act of 1996 (Public Law 104–319; 22 

2 U.S.C. 2151 note). 

3 (C) NGAWANG CHOEPEL EXCHANGE PRO4 GRAMS.—Of the amounts authorized to be ap5 propriated under subparagraph (A), such sums 

6 as may be necessary are authorized to be appro7 priated for each of fiscal years 2010 and 2011 

8 for the ‘‘Ngawang Choepel Exchange Pro9 grams’’ (formerly known as ‘‘programs of edu10 cational and cultural exchange between the 

11 United States and the people of Tibet’’) under 

12 section 103(a) of the Human Rights, Refugee, 

13 and Other Foreign Relations Provisions Act of 

14 1996 (Public Law 104–319; 22 U.S.C. 2151 

15 note). 

16 (5) CIVILIAN STABILIZATION INITIATIVE.—For 

17 ‘‘Civilian Stabilization Initiative’’, $323,272,000 for 

18 fiscal year 2010, and such sums as may be nec19 essary for fiscal year 2011. 

20 (6) REPRESENTATION ALLOWANCES.—For 

21 ‘‘Representation Allowances’’, $8,175,000 for fiscal 

22 year 2010, and such sums as may be necessary for 

23 fiscal year 2011. 

24 (7) PROTECTION OF FOREIGN MISSIONS AND

25 OFFICIALS.— 


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1 (A) AUTHORIZATION OF APPROPRIA2 TIONS.—For Protection of Foreign Missions 

3 and Officials, $27,159,000 for fiscal year 2010, 

4 and such sums as may be necessary for fiscal 

5 year 2011. 

6 (B) REIMBURSEMENT FOR PAST EX7 PENSES OWED BY THE UNITED STATES.—In 

8 addition to the amounts authorized to be appro9 priated under subparagraph (A), there are au10 thorized to be appropriated $21,000,000 for fis11 cal year 2010 and $25,000,000 for fiscal year 

12 2011 for ‘‘Protection of Foreign Missions and 

13 Officials’’ to be used only to reimburse State 

14 and local governments for necessary expenses 

15 incurred since 1998 for the protection of for16 eign missions and officials and recognized by 

17 the United States. 

18 (8) EMERGENCIES IN THE DIPLOMATIC AND

19 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip20 lomatic and Consular Service’’, $10,000,000 for fis21 cal year 2010, and such sums as may be necessary 

22 for fiscal year 2011. 

23 (9) REPATRIATION LOANS.—For ‘‘Repatriation 

24 Loans’’, $1,450,000 for fiscal year 2010, and such 

25 sums as may be necessary for fiscal year 2011. 


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1 (10) PAYMENT TO THE AMERICAN INSTITUTE

2 IN TAIWAN.—For ‘‘Payment to the American Insti3 tute in Taiwan’’, $21,174,000 for fiscal year 2010, 

4 and such sums as may be necessary for fiscal year 

5 2011. 

6 (11) OFFICE OF THE INSPECTOR GENERAL.— 

7 (A) AUTHORIZATION OF APPROPRIA8 TIONS.—For ‘‘Office of the Inspector General’’, 

9 $105,500,000 for fiscal year 2010, and such 

10 sums as may be necessary for fiscal year 2011. 

11 (B) SPECIAL INSPECTOR GENERAL FOR

12 IRAQ RECONSTRUCTION.—Of the amounts au13 thorized to be appropriated under subparagraph 

14 (A), $30,000,000 is authorized to be for the 

15 Special Inspector General for Iraq Reconstruc16 tion. 

17 (C) SPECIAL INSPECTOR GENERAL FOR

18 AFGHANISTAN RECONSTRUCTION.—Of the 

19 amounts authorized to be appropriated under 

20 subparagraph (A), $23,000,000 is authorized to 

21 be for the Special Inspector General for Af22 ghanistan Reconstruction. 

23 SEC. 102. INTERNATIONAL ORGANIZATIONS. 

24 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

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1 priated for ‘‘Contributions to International Organiza2 tions’’, $1,797,000,000 for fiscal year 2010, and such 

3 sums as may be necessary for fiscal year 2011, for the 

4 Department of State to carry out the authorities, func5 tions, duties, and responsibilities in the conduct of the for6 eign affairs of the United States with respect to inter7 national organizations and to carry out other authorities 

8 in law consistent with such purposes. 

9 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE10 KEEPING ACTIVITIES.—There are authorized to be appro11 priated for ‘‘Contributions for International Peacekeeping 

12 Activities’’, $2,260,000,000 for fiscal year 2010, and such 

13 sums as may be necessary for fiscal year 2011, for the 

14 Department of State to carry out the authorities, func15 tions, duties, and responsibilities of the United States with 

16 respect to international peacekeeping activities and to 

17 carry out other authorities in law consistent with such 

18 purposes. 

19 (c) FOREIGN CURRENCY EXCHANGE RATES.—In ad20 dition to amounts authorized to be appropriated by sub21 section (a), there are authorized to be appropriated such 

22 sums as may be necessary for each of fiscal years 2010 

23 and 2011 to offset adverse fluctuations in foreign currency 

24 exchange rates. Amounts appropriated under this sub25 section shall be available for obligation and expenditure 


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1 only to the extent that the Director of the Office of Man2 agement and Budget determines and certifies to Congress 

3 that such amounts are necessary due to such fluctuations. 

4 SEC. 103. INTERNATIONAL COMMISSIONS. 

5 The following amounts are authorized to be appro6 priated under ‘‘International Commissions’’ for the De7 partment of State to carry out the authorities, functions, 

8 duties, and responsibilities in the conduct of the foreign 

9 affairs of the United States and for other purposes author10 ized by law: 

11 (1) INTERNATIONAL BOUNDARY AND WATER

12 COMMISSION, UNITED STATES AND MEXICO.—For 

13 ‘‘International Boundary and Water Commission, 

14 United States and Mexico’’— 

15 (A) for ‘‘Salaries and Expenses’’, 

16 $33,000,000 for fiscal year 2010, and such 

17 sums as may be necessary for fiscal year 2011; 

18 and 

19 (B) for ‘‘Construction’’, $43,250,000 for 

20 fiscal year 2010, and such sums as may be nec21 essary for fiscal year 2011. 

22 (2) INTERNATIONAL BOUNDARY COMMISSION, 

23 UNITED STATES AND CANADA.—For ‘‘International 

24 Boundary Commission, United States and Canada’’, 


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1 $2,385,000 for fiscal year 2010, and such sums as 

2 may be necessary for fiscal year 2011. 

3 (3) INTERNATIONAL JOINT COMMISSION.—For 

4 ‘‘International Joint Commission’’, $7,974,000 for 

5 fiscal year 2010, and such sums as may be nec6 essary for fiscal year 2011. 

7 (4) INTERNATIONAL FISHERIES COMMIS8 SIONS.—For ‘‘International Fisheries Commissions’’, 

9 $43,576,000 for fiscal year 2010, and such sums as 

10 may be necessary for fiscal year 2011. 

11 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 

12 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated for ‘‘Migration and Ref14 ugee Assistance’’ for authorized activities $1,577,500,000 

15 for fiscal year 2010, and such sums as may be necessary 

16 for fiscal year 2011. 

17 (b) REFUGEE RESETTLEMENT IN ISRAEL.—Of the 

18 amounts authorized to be appropriated by subsection (a), 

19 there are authorized to be appropriated $25,000,000 for 

20 fiscal years 2010 and such sums as may be necessary for 

21 fiscal year 2011 for resettlement of refugees in Israel. 

22 SEC. 105. CENTERS AND FOUNDATIONS. 

23 (a) ASIA FOUNDATION.—There are authorized to be 

24 appropriated for ‘‘The Asia Foundation’’ for authorized 


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1 activities, $20,000,000 for fiscal year 2010, and 

2 $23,000,000 for fiscal year 2011. 

3 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.— 

4 There are authorized to be appropriated for the ‘‘National 

5 Endowment for Democracy’’ for authorized activities, 

6 $100,000,000 for fiscal year 2010, and $115,000,000 for 

7 fiscal year 2011. 

8 (c) CENTER FOR CULTURAL AND TECHNICAL INTER9 CHANGE BETWEEN EAST AND WEST.—There are author10 ized to be appropriated for the ‘‘Center for Cultural and 

11 Technical Interchange Between East and West’’ for au12 thorized activities, such sums as may be necessary for each 

13 of fiscal years 2010 and 2011. 

14 TITLE II—DEPARTMENT OF 

15 STATE AUTHORITIES AND AC16 TIVITIES 

17 Subtitle A—Basic Authorities and 

18 Activities 

19 SEC. 201. INTERNATIONAL LITIGATION FUND. 

20 Section 38(d)(3) of the State Department Basic Au21 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended 

22 by striking ‘‘by the Department of State from another 

23 agency of the United States Government or pursuant to’’ 

24 and inserting ‘‘by the Department of State as a result of 


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1 a decision of an international tribunal, from another agen2 cy of the United States Government, or pursuant to’’. 

3 SEC. 202. ACTUARIAL VALUATIONS. 

4 The Foreign Service Act of 1980 is amended— 

5 (1) in section 818 (22 U.S.C. 4058)— 

6 (A) in the first sentence, by striking ‘‘Sec7 retary of the Treasury’’ and inserting ‘‘Sec8 retary of State’’; and 

9 (B) by amending the second sentence to 

10 read as follows: ‘‘The Secretary of State is au11 thorized to expend from money to the credit of 

12 the Fund such sums as may be necessary to ad13 minister the provisions of this chapter, includ14 ing actuarial advice, but only to the extent and 

15 in such amounts as are provided in advance in 

16 appropriations acts.’’; 

17 (2) in section 819 (22 U.S.C. 4059), in the first 

18 sentence, by striking ‘‘Secretary of the Treasury’’ 

19 the second place it appears and inserting ‘‘Secretary 

20 of State’’; 

21 (3) in section 825(b) (22 U.S.C. 4065(b)), by 

22 striking ‘‘Secretary of the Treasury’’ and inserting 

23 ‘‘Secretary of State’’; and 

24 (4) in section 859(c) (22 U.S.C. 4071h(c))— 


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1 (A) by striking ‘‘Secretary of the Treas2 ury’’ and inserting ‘‘Secretary of State’’; and 

3 (B) by striking ‘‘and shall advise the Sec4 retary of State of’’ and inserting ‘‘that will pro5 vide’’. 

6 SEC. 203. SPECIAL AGENTS. 

7 (a) IN GENERAL.—Paragraph (1) of section 37(a) of 

8 the State Department Basic Authorities Act of 1956 (22 

9 U.S.C. 2709(a)) is amended to read as follows: 

10 ‘‘(1) conduct investigations concerning— 

11 ‘‘(A) illegal passport or visa issuance or 

12 use; 

13 ‘‘(B) identity theft or document fraud af14 fecting or relating to the programs, functions, 

15 and authorities of the Department of State; and 

16 ‘‘(C) Federal offenses committed within 

17 the special maritime and territorial jurisdiction 

18 of the United States as defined in paragraph 

19 (9) of section 7 of title 18, United States Code, 

20 except as that jurisdiction relates to the prem21 ises of United States military missions and re22 lated residences;’’. 

23 (b) RULE OF CONSTRUCTION.—Nothing in para24 graph (1) of such section 37(a) (as amended by subsection 

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1 tigative authority of any other Federal department or 

2 agency. 

3 SEC. 204. REPATRIATION LOANS. 

4 Section 4 of the State Department Basic Authorities 

5 Act of 1956 (22 U.S.C. 2671) is amended by adding at 

6 the end the following new subsection: 

7 ‘‘(e) Under such regulations as the Secretary of State 

8 may prescribe, and in such amounts as are appropriated 

9 in advance, the Secretary is authorized to waive in whole 

10 or part the recovery of a repatriation loan under sub11 section (d) if it is shown that such recovery would be 

12 against equity and good conscience or against the public 

13 interest.’’. 

14 SEC. 205. ELIGIBILITY IN CERTAIN CIRCUMSTANCES FOR 

15 AN AGENCY OF A FOREIGN GOVERNMENT TO 

16 RECEIVE A REWARD UNDER THE DEPART17 MENT OF STATE REWARDS PROGRAM. 

18 (a) ELIGIBILITY.—Subsection (f) of section 36 of the 

19 State Department Basic Authorities Act of 1956 (22 

20 U.S.C. 2708(f)) is amended— 

21 (1) by striking ‘‘(f) INELIGIBILITY.—An offi22 cer’’ and inserting the following: 

23 ‘‘(f) INELIGIBILITY.— 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), an officer’’; and 


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1 (2) by adding at the end the following new 

2 paragraph: 

3 ‘‘(2) EXCEPTION IN CERTAIN CIR4 CUMSTANCES.—The Secretary may pay a reward to 

5 an officer or employee of a foreign government (or 

6 any entity thereof) who, while in the performance of 

7 his or her official duties, furnishes information de8 scribed in such subsection, if the Secretary deter9 mines that such payment satisfies the following con10 ditions: 

11 ‘‘(A) Such payment is appropriate in light 

12 of the exceptional or high-profile nature of the 

13 information furnished pursuant to such sub14 section. 

15 ‘‘(B) Such payment may aid in furnishing 

16 further information described in such sub17 section. 

18 ‘‘(C) Such payment is formally requested 

19 by such agency.’’. 

20 (b) CONFORMING AMENDMENT.—Subsection (b) of 

21 such section (22 U.S.C. 2708(b)) is amended in the mat22 ter preceding paragraph (1) by inserting ‘‘or to an officer 

23 or employee of a foreign government in accordance with 

24 subsection (f)(2)’’ after ‘‘individual’’. 


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1 Subtitle B—Public Diplomacy at 

2 the Department of State 

3 SEC. 211. CONCENTRATION OF PUBLIC DIPLOMACY RE4 SPONSIBILITIES. 

5 Section 60 of the State Department Basic Authorities 

6 Act of 1956 (22 U.S.C. 2732) is amended— 

7 (1) in subsection (b)(1), by inserting ‘‘in ac8 cordance with subsection (e),’’ before ‘‘coordinate’’; 

9 and 

10 (2) by adding at the end the following new sub11 section: 

12 ‘‘(e) CONCENTRATION OF PUBLIC DIPLOMACY RE13 SPONSIBILITIES.— 

14 ‘‘(1) IN GENERAL.—The Secretary of State 

15 shall, subject to the direction of the President, have 

16 primary responsibility for the coordination described 

17 in subsection (b)(1), and shall make every effort to 

18 establish and present to foreign publics unified 

19 United States public diplomacy activities. 

20 ‘‘(2) QUARTERLY MEETINGS AND ONGOING

21 CONSULTATIONS AND COORDINATION.— 

22 ‘‘(A) IN GENERAL.—The Secretary shall, 

23 subject to the direction of the President, estab24 lish a working group of the heads of the Fed25 eral agencies referred to in subsection (b)(1) 


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1 and should seek to convene such group not less 

2 often than once every three months to carry out 

3 the requirement specified in paragraph (1) of 

4 this subsection. 

5 ‘‘(B) CHAIR AND ROTATING VICE CHAIR.— 

6 The Secretary shall serve as the permanent 

7 chair of the quarterly meetings required under 

8 subparagraph (A). Each head of a Federal 

9 agency referred to in subsection (b)(1) shall 

10 serve on a rotating basis as the vice chair of 

11 each such quarterly meeting. 

12 ‘‘(C) INITIAL MEETING.—The initial meet13 ing of the working group established under sub14 paragraph (A) shall be not later than the date 

15 that is six months after the date of the enact16 ment of this subsection. 

17 ‘‘(D) ONGOING CONSULTATIONS AND CO18 ORDINATION.—The Secretary and each head of 

19 the Federal agencies referred to in subsection 

20 (b)(1) shall designate a representative of each 

21 respective agency to consult and coordinate with 

22 such other representatives on an ongoing basis 

23 beginning not later than 30 days after the ini24 tial meeting of the working group under sub25 paragraph (C) to carry out the requirement 


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1 specified in paragraph (1) of this subsection. 

2 The designee of the Secretary shall have pri3 mary responsibility for such ongoing consulta4 tions and coordination. 

5 ‘‘(3) REPORTS REQUIRED.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (D), each head of a Federal 

8 agency referred to in subsection (b)(1) shall an9 nually submit to the President a report on the 

10 public diplomacy activities of each such agency 

11 in the preceding year. 

12 ‘‘(B) INFORMATION SHARING.—The Presi13 dent shall make available to the Secretary the 

14 reports submitted pursuant to subparagraph 

15 (A). 

16 ‘‘(C) INITIAL SUBMISSIONS.—The first an17 nual reports required under subparagraph (A) 

18 shall be submitted not later than the date that 

19 is 1 year after the date of the enactment of this 

20 subsection. 

21 ‘‘(D) LIMITATION.—Subparagraph (A) 

22 shall not apply with respect to activities carried 

23 out pursuant to section 167 of title 10, United 

24 States Code.’’. 


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1 SEC. 212. ESTABLISHMENT OF PUBLIC DIPLOMACY RE2 SERVE CORPS. 

3 (a) FINDING.—Congress finds that currently a short4 age of trained public diplomacy Foreign Service officers 

5 at the mid-career level threatens the effectiveness of 

6 United States outreach to publics abroad. 

7 (b) SENSE OF CONGRESS.—It is the sense of Con8 gress that— 

9 (1) the Foreign Service should recruit individ10 uals with professional experience relevant to public 

11 diplomacy, and provide training and mentoring to 

12 cultivate their skills in order to build up the corps 

13 of professionals in the public diplomacy cone; and 

14 (2) apart from the public diplomacy cone, train15 ing of all Foreign Service officers should include 

16 more information on techniques of public diplomacy. 

17 (c) ESTABLISHMENT OF PUBLIC DIPLOMACY RE18 SERVE CORPS.—Section 301 of the Foreign Service Act 

19 of 1980 (22 U.S.C. 3941) is amended by adding at the 

20 end the following new subsection: 

21 ‘‘(e) ESTABLISHMENT OF PUBLIC DIPLOMACY RE22 SERVE CORPS.— 

23 ‘‘(1) IN GENERAL.—The Secretary of State is 

24 authorized to establish in the Foreign Service a Pub25 lic Diplomacy Reserve Corps consisting of mid- and 

26 senior-level former Foreign Service officers and 


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1 other individuals with experience in the private or 

2 public sector relevant to public diplomacy, to serve 

3 for a period of 6 months to 2 years in postings 

4 abroad. 

5 ‘‘(2) PROHIBITION ON CERTAIN ACTIVITIES.— 

6 While actively serving with the Reserve Corps, indi7 viduals may not engage in activities directly or indi8 rectly intended to influence public opinion within the 

9 United States in the same manner and to the same 

10 extent that employees of the Department of State 

11 engaged in public diplomacy are so prohibited.’’. 

12 SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY 

13 OUTREACH. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) The platform strategy for United States 

16 public diplomacy programs has changed dramatically 

17 with events of the past decade. The United States 

18 Government used to operate hundreds of free-stand19 ing facilities around the world, known as ‘‘American 

20 Centers’’ or ‘‘America Houses’’, that offered venues 

21 for cultural and educational events as well as access 

22 to books, magazines, films, and other selected mate23 rials about the United States. The consolidation of 

24 the United States Information Agency (USIA) into 

25 the Department of State accelerated the post-Cold 


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1 War process of closing these facilities, and the dead2 ly attacks on United States embassies in Tanzania 

3 and Kenya prompted the imposition of security re4 quirements under law that included co-locating 

5 United States Government employees in hardened 

6 embassy compounds. 

7 (2) Information Resource Centers, which offer 

8 library services and space for public events, that are 

9 now located in embassy compounds allow limited ac10 cess—and in some cases, none whatsoever—by the 

11 public, and half of them operate on a ‘‘by appoint12 ment only’’ basis. ‘‘American Corner’’ facilities, op13 erated by local contacts in university or public li14 braries in some countries, are no substitute for a 

15 designated venue recognized as a resource for infor16 mation on United States culture and education 

17 staffed by a knowledgeable representative of the em18 bassy. 

19 (b) PARTNERSHIP ARRANGEMENTS TO FURTHER

20 PUBLIC DIPLOMACY AND OUTREACH.—Recognizing the 

21 security challenges of maintaining free-standing public di22 plomacy facilities outside of embassy compounds, the Sec23 retary of State shall consider new partnership arrange24 ments with local or regional entities in foreign countries 

25 that can operate free-standing American Centers in areas 


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1 well-trafficked by a cross-section of people in such coun2 tries, including in downtown storefronts, health care clin3 ics, and other locations that reach beyond library patrons 

4 and university students. Where such partnership arrange5 ments currently exist, the Secretary shall evaluate the effi6 cacy of such partnership arrangements and determine 

7 whether such partnership arrangements can provide a 

8 model for public diplomacy facilities outside of embassy 

9 and consulate compounds elsewhere. Not later than 180 

10 days after the date of the enactment of this Act, the Sec11 retary shall brief the appropriate congressional committees 

12 on the evaluation and determinations described in the pre13 ceding sentence. 

14 (c) ESTABLISHMENT OF CERTAIN PUBLIC DIPLO15 MACY FACILITIES.—After taking into account relevant se16 curity needs, the Secretary of State shall consider placing 

17 United States public diplomacy facilities at locations that 

18 maximize the role of such facilities in the educational and 

19 cultural life of the cities in which such facilities are lo20 cated, and help build a growing constituency for such fa21 cilities, in accordance with the authority given to the Sec22 retary under section 606(a)(2)(B) of the Secure Embassy 

23 Construction and Counterterrorism Act of 1999 (22 

24 U.S.C. 4865(a)(2)(B)) to waive certain requirements of 


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1 that Act with respect to the location of certain United 

2 States diplomatic facilities in foreign countries. 

3 SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS. 

4 (a) ESTABLISHMENT AND MAINTENANCE OF LI5 BRARIES.—Section 1(b)(3) of the State Department Basic 

6 Authorities Act of 1956 (22 U.S.C. 2651a(b)(3)) is 

7 amended— 

8 (1) in subparagraph (D), by striking ‘‘and’’ at 

9 the end; 

10 (2) in subparagraph (E), by striking the period 

11 at the end and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following new sub13 paragraph: 

14 ‘‘(F) provide for the establishment of new 

15 and the maintenance of existing libraries and 

16 resource centers at or in connection with United 

17 States diplomatic and consular missions.’’. 

18 (b) OPERATION OF LIBRARIES.— 

19 (1) IN GENERAL.—The Secretary of State shall 

20 ensure that libraries and resource centers estab21 lished and maintained in accordance with subpara22 graph (F) of section 1(b)(3) of the State Depart23 ment Basic Authorities Act of 1956 (as added by 

24 subsection (a)(3) of this section) are open to the 

25 general public and, if practicable, made available 


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1 over the internet to the greatest extent practicable, 

2 subject to policies and procedures established by the 

3 Secretary to ensure the safety and security of 

4 United States diplomatic and consular missions and 

5 of United States officers, employees, and personnel 

6 posted at such missions at which such libraries are 

7 located. 

8 (2) SHOWINGS OF UNITED STATES FILMS.—To 

9 the extent practicable, the Secretary of State shall 

10 ensure that such libraries and resource centers 

11 schedule public showings of United States films that 

12 showcase United States culture, society, values, and 

13 history, including making such films available over 

14 the internet, if practicable. 

15 (c) ADVISORY COMMISSION ON PUBLIC DIPLO16 MACY.—Not later than 1 year after the date of the enact17 ment of this section, the Advisory Commission on Public 

18 Diplomacy (authorized under section 1334 of the Foreign 

19 Affairs Reform and Restructuring Act of 1998 (22 U.S.C. 

20 6553)) shall submit to the Committee on Foreign Affairs 

21 of the House of Representatives and the Committee on 

22 Foreign Relations of the Senate a report containing an 

23 evaluation of the functions and effectiveness of the librar24 ies and resource centers, including online outreach, that 

25 are authorized under this section. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—From 

2 amounts authorized to be appropriated for Diplomatic and 

3 Consular Programs pursuant to section 101(1)(A), there 

4 is authorized to be appropriated to the Secretary of State 

5 such sums as may be necessary for each of fiscal years 

6 2010 and 2011 to carry out this section. 

7 SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY 

8 EXCHANGE PROGRAMS. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) Since September 11, 2001, a distorted per11 ception of the United States has grown abroad, even 

12 as many Americans struggle to understand the in13 creasingly complex world beyond the borders of the 

14 United States. 

15 (2) This public diplomacy crisis poses an ongo16 ing threat to United States security, diplomatic rela17 tions, commerce, and citizen-to-citizen relationships 

18 between the United States and other countries. 

19 (3) Independently produced documentary films 

20 have proven to be an effective means of commu21 nicating United States ideas and values to popu22 lations of other countries. 

23 (4) It is in the interest of the United States to 

24 provide assistance to United States nongovernmental 


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1 organizations that produce and distribute independ2 ently produced documentary films. 

3 (b) ASSISTANCE.—The Secretary of State is author4 ized to make grants, on such terms and conditions as the 

5 Secretary may determine, to United States nongovern6 mental organizations that use independently produced 

7 documentary films to promote better understanding of the 

8 United States abroad and better understanding of global 

9 perspectives and other countries in the United States. 

10 (c) ACTIVITIES SUPPORTED.—Grants provided under 

11 subsection (b) shall, to the maximum extent practicable, 

12 be used to carry out the following activities: 

13 (1) Fund, distribute, and promote documentary 

14 films that convey a diversity of views about life in 

15 the United States to foreign audiences and bring in16 sightful foreign perspectives to United States audi17 ences. 

18 (2) Support documentaries described in para19 graph (1) that are made by independent foreign and 

20 domestic producers, selected through a peer review 

21 process. 

22 (3) Develop a network of overseas partners to 

23 produce, distribute, and broadcast such documen24 taries. 


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1 (d) SPECIAL FACTORS.—In making the grants de2 scribed in subsection (b), the Secretary shall give pref3 erence to nongovernmental organizations that— 

4 (1) provide at least 35 percent of the total 

5 project cost in matching funds from non-Federal 

6 sources; and 

7 (2) have prior experience supporting independ8 ently produced documentary films that have been 

9 broadcast on public television in the United States. 

10 (e) REPORT.—Not later than 2 years after the date 

11 of the enactment of this Act, the Secretary shall submit 

12 to Congress a report that contains a detailed description 

13 of the implementation of this section for the prior year. 

14 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

15 amounts authorized to be appropriated for Educational 

16 and Cultural Exchange Programs pursuant to section 

17 101(4), there is authorized to be appropriated to the Sec18 retary of State $5,000,000 for each of fiscal years 2010 

19 and 2011 to carry out this section. 

20 SEC. 216. UNITED STATES ADVISORY COMMISSION ON PUB21 LIC DIPLOMACY. 

22 (a) REAUTHORIZATION OF UNITED STATES ADVI23 SORY COMMISSION ON PUBLIC DIPLOMACY.—Section 

24 1334 of the Foreign Affairs Reform and Restructuring 


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1 Act of 1998 (22 U.S.C. 6553) is amended by striking ‘‘Oc2 tober 1, 2009’’ and inserting ‘‘October 1, 2011’’. 

3 (b) STUDY AND REPORT.—Section 604(c)(2) of the 

4 United States Information and Educational Exchange Act 

5 of 1948 (22 U.S.C. 1469(c)(2)) is amended to read as 

6 follows: 

7 ‘‘(2)(A) Not less often than once every two years, the 

8 Commission shall undertake an in-depth review of United 

9 States public diplomacy programs, policies, and activities. 

10 Each study shall assess the effectiveness of the various 

11 mechanisms of United States public diplomacy in light of 

12 several factors, including public and media attitudes 

13 around the world toward the United States, United States 

14 citizens, and United States foreign policy, and make ap15 propriate recommendations. 

16 ‘‘(B) The Commission shall submit to the Secretary 

17 and the Committee on Foreign Affairs of the House of 

18 Representatives and the Committee on Foreign Relations 

19 of the Senate a comprehensive report of each study re20 quired under subparagraph (A). At the discretion of the 

21 Commission, any report under this subsection may be sub22 mitted in classified form or with a classified appendix. 

23 ‘‘(C) Upon request of the Commission, the Secretary, 

24 the Chair of the Broadcasting Board of Governors, and 

25 the head of any other Federal agency that conducts public 


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1 diplomacy or strategic communications activities shall pro2 vide to the Commission information to assist the Commis3 sion in carrying out its responsibilities under this para4 graph.’’. 

5 (c) ENHANCING THE EXPERTISE OF THE UNITED

6 STATES ADVISORY COMMISSION ON PUBLIC DIPLO7 MACY.— 

8 (1) QUALIFICATIONS OF MEMBERS.—Section 

9 604(a)(2) of the United States Information and 

10 Educational Exchange Act of 1948 (22 U.S.C. 

11 1469(a)(2)) is amended by adding at the end the 

12 following new sentences: ‘‘At least four members 

13 shall have substantial experience in the conduct of 

14 public diplomacy or comparable activities in the pri15 vate sector. No member may be an officer or em16 ployee of the United States.’’. 

17 (2) APPLICATION OF AMENDMENT.—The 

18 amendment made by paragraph (1) shall not apply 

19 to individuals who are members of the United States 

20 Advisory Commission on Public Diplomacy on the 

21 date of the enactment of this Act. 

22 SEC. 217. SPECIAL OLYMPICS. 

23 (a) FINDINGS.—Congress finds the following: 

24 (1) Special Olympics International has been 

25 recognized for more than four decades as the world 


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1 leader in providing life-changing sports training and 

2 competition experiences for persons with intellectual 

3 disabilities at all levels of severity. 

4 (2) While Special Olympics sports programming 

5 is widely respected around the world, less well-known 

6 are a number of supporting initiatives targeted to 

7 changing attitudes toward people with intellectual 

8 disabilities, developing leaders among the intellectual 

9 disability population, supporting families of people 

10 with these disabilities, improving access to health 

11 services, and enhancing government policies and pro12 grams for people with intellectual disabilities. 

13 (3) Special Olympics has documented the chal14 lenge of ignorance and poor attitudes toward intel15 lectual disability worldwide and its capacity to 

16 change discriminatory attitudes to understanding, 

17 acceptance, and advocacy for people with intellectual 

18 disabilities. It does so through an array of edu19 cational and attitude change activities that affect 

20 multiple levels of society. These activities have re21 ceived financial support from the Bureau of Edu22 cational and Cultural Affairs (ECA) of the Depart23 ment of State, among other sources. 

24 (b) ADMINISTRATION OF PROGRAM.—Section 3(b) of 

25 the Special Olympics Sport and Empowerment Act of 


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1 2004 (Public Law 108–406) is amended, in the matter 

2 preceding paragraph (1) by striking ‘‘Secretary of State’’ 

3 and inserting ‘‘Secretary of State, acting through the As4 sistant Secretary of State for Educational and Cultural 

5 Affairs’’. 

6 SEC. 218. EXTENSION OF PROGRAM TO PROVIDE GRANTS 

7 TO AMERICAN-SPONSORED SCHOOLS IN PRE8 DOMINANTLY MUSLIM COUNTRIES TO PRO9 VIDE SCHOLARSHIPS. 

10 Section 7113 of the Intelligence Reform and Ter11 rorism Prevention Act of 2004 (Public Law 108–458; 22 

12 U.S.C. 2452c) is amended— 

13 (1) in subsection (g)— 

14 (A) by striking ‘‘Committee on Inter15 national Relations’’ and inserting ‘‘Committee 

16 on Foreign Affairs’’; and 

17 (B) by striking ‘‘April 15, 2006, and April 

18 15, 2008’’ and inserting ‘‘June 15, 2010, and 

19 June 15, 2011’’; and 

20 (2) in subsection (h), by striking ‘‘2007 and 

21 2008’’ and inserting ‘‘2010 and 2011’’. 

22 SEC. 219. CENTRAL ASIA SCHOLARSHIP PROGRAM FOR 

23 PUBLIC POLICY INTERNSHIPS. 

24 (a) PILOT PROGRAM ESTABLISHED.—As part of the 

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1 partment of State, the Secretary of State shall establish 

2 a pilot program for fiscal years 2010 and 2011 to award 

3 scholarships to undergraduate and graduate students from 

4 Central Asia for public policy internships in the United 

5 States. Subject to the availability of appropriations, for 

6 each fiscal year not more than 50 students may partici7 pate in the program established under this section. 

8 (b) GENERAL PROVISIONS.— 

9 (1) IN GENERAL.—Except as otherwise pro10 vided in this section, the program established pursu11 ant to subsection (a) shall be carried out under ap12 plicable provisions of the United States Information 

13 and Educational Exchange Act of 1948 (22 U.S.C. 

14 1431 et seq.) and the Mutual Educational and Cul15 tural Exchange Act of 1961 (22 U.S.C. 2451 et 

16 seq.; also referred to as the ‘‘Fulbright-Hays Act’’). 

17 (2) SCHOLARSHIP ELIGIBILITY REQUIRE18 MENTS.—In addition to such other requirements as 

19 may be established by the Secretary of State, a 

20 scholarship recipient under this section— 

21 (A) shall be proficient in the English lan22 guage; 

23 (B) shall be a student at an undergraduate 

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1 standing academic achievement and dem2 onstrated intellectual abilities; 

3 (C) may not have received an academic 

4 scholarship or grant from the United States 

5 Government in the 3 years preceding the award 

6 of a scholarship under this section; and 

7 (D) may not be or have been a member of 

8 a foreign terrorist organization (as designated 

9 by the Secretary of State in accordance with 

10 section 219(a) of the Immigration and Nation11 ality Act (8 U.S.C. 1189(a))) or involved in or12 ganized crime. 

13 (3) INTERNSHIPS.—Internships under this sec14 tion shall be for periods of not more than 6 months. 

15 (4) PRIORITY CONSIDERATION.—In the award 

16 of internships under this section, the Secretary of 

17 State shall give priority consideration to students 

18 who are underprivileged or members of ethnic, reli19 gious, or cultural minorities. 

20 (5) CENTRAL ASIA DEFINED.—For the pur21 poses of this section, the term ‘‘Central Asia’’ means 

22 the countries of Kazakhstan, Kyrgyzstan, Tajikistan, 

23 Turkmenistan, and Uzbekistan. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—Of the 

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1 tion 101(4), there is authorized to be appropriated 

2 $600,000 for each of fiscal years 2010 and 2011 to carry 

3 out this section. 

4 SEC. 220. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP 

5 PROGRAM. 

6 (a) FINDINGS.—Congress finds the following: 

7 (1) The United States-South Pacific Scholar8 ship Program (USSP), authorized by Congress and 

9 funded by the Bureau of Educational and Cultural 

10 Affairs of the Department of State, is a competitive, 

11 merit-based scholarship program that ensures that 

12 Pacific Islanders have an opportunity to pursue 

13 higher education in the United States and to obtain 

14 first-hand knowledge of United States institutions. 

15 (2) It is expected that these students will one 

16 day assume leadership roles in their countries. 

17 (3) As the Chairman of the Subcommittee on 

18 Territories and Insular Affairs, the late Congress19 man Phillip Burton was a voice for Pacific Island 

20 populations. 

21 (4) He was also a voice for workers, the poor, 

22 and the elderly. 

23 (5) Congressman Burton was one of the most 

24 brilliant and productive legislators in United States 

25 politics. 


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1 (6) He served in Congress from 1964 to 1983. 

2 (7) He worked every day of his life to ensure 

3 social justice and human dignity for all people. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) so that future generations will know his 

7 name and remember his service, it is fitting that the 

8 leadership and vision of Phillip Burton, especially as 

9 the Chairman of the Subcommittee on Territories 

10 and Insular Affairs, which indirectly impacted 

11 United States foreign policy in the South Pacific re12 gion, should be honored; and 

13 (2) the United States-South Pacific Scholarship 

14 Program should be renamed the Phillip Burton 

15 Scholarship Program for South Pacific Island Stu16 dents. 

17 (c) FUNDING.— 

18 (1) IN GENERAL.—Of the amounts authorized 

19 to be appropriated pursuant to section 101(4), 

20 $750,000 is authorized to be appropriated for each 

21 of fiscal years 2010 and 2011 to be made available 

22 for the United States-South Pacific Scholarship Pro23 gram. 

24 (2) NAME.—Scholarships awarded under the 

25 Program shall be referred to as ‘‘Burton ScholarVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 ships’’ and recipients of such scholarships shall be 

2 referred to as ‘‘Burton Scholars’’. 

3 SEC. 221. SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF 

4 MEXICO AND CENTRAL AND SOUTH AMERICA. 

5 Of the amounts authorized to be appropriated pursu6 ant to section 101(4), $400,000 for each of fiscal years 

7 2010 and 2011 is authorized to be appropriated for schol8 arships for secondary and post-secondary education in the 

9 United States for students from Mexico and the countries 

10 of Central and South America who are from the indige11 nous peoples of the region. 

12 SEC. 222. UNITED STATES-CARIBBEAN EDUCATIONAL EX13 CHANGE PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) APPROPRIATE CONGRESSIONAL COMMIT16 TEES.—The term ‘‘appropriate congressional com17 mittees’’ means— 

18 (A) the Committee on Foreign Affairs and 

19 the Committee on Appropriations of the House 

20 of Representatives; and 

21 (B) the Committee on Foreign Relations 

22 and the Committee on Appropriations of the 

23 Senate. 

24 (2) CARICOM COUNTRY.—The term 

25 ‘‘CARICOM country’’— 


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1 (A) means a member country of the Carib2 bean Community (CARICOM); but 

3 (B) does not include— 

4 (i) a country having observer status in 

5 CARICOM; or 

6 (ii) a country the government of which 

7 the Secretary of State has determined, for 

8 purposes of section 6(j) of the Export Ad9 ministration Act of 1979 (as continued in 

10 effect pursuant to the International Emer11 gency Economic Powers Act), section 40 of 

12 the Arms Export Control Act, section 

13 620A of the Foreign Assistance Act of 

14 1961, or any other provision of law, is a 

15 government that has repeatedly provided 

16 support for acts of international terrorism. 

17 (3) SECRETARY.—Except as otherwise provided, 

18 the term ‘‘Secretary’’ means the Secretary of State. 

19 (4) UNITED STATES COOPERATING AGENCY.— 

20 The term ‘‘United States cooperating agency’’ 

21 means— 

22 (A) an institution of higher education (as 

23 such term is defined in section 101(a) of the 

24 Higher Education Act of 1965 (20 U.S.C. 

25 1001(a))), including, to the maximum extent 


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1 practicable, a historically Black college or uni2 versity that is a part B institution (as such 

3 term is defined in section 322(2) of such Act 

4 (20 U.S.C. 1061(2))) or a Hispanic-serving in5 stitution (as such term is defined in section 

6 502(5) of such Act (20 U.S.C. 1101a(5))); 

7 (B) a higher education association; 

8 (C) a nongovernmental organization incor9 porated in the United States; or 

10 (D) a consortium consisting of two or more 

11 such institutions, associations, or nongovern12 mental organizations. 

13 (b) PROGRAM AUTHORIZED.—The Secretary of State 

14 is authorized to establish an educational exchange pro15 gram between the United States and CARICOM countries, 

16 to be known as the ‘‘Shirley A. Chisholm United States17 Caribbean Educational Exchange Program’’, under 

18 which— 

19 (1) secondary school students from CARICOM 

20 countries will— 

21 (A) attend a public or private secondary 

22 school in the United States; and 

23 (B) participate in activities designed to 

24 promote a greater understanding of the values 

25 and culture of the United States; and 


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1 (2) undergraduate students, graduate students, 

2 post-graduate students, and scholars from 

3 CARICOM countries will— 

4 (A) attend a public or private college or 

5 university, including a community college, in 

6 the United States; and 

7 (B) participate in activities designed to 

8 promote a greater understanding of the values 

9 and culture of the United States. 

10 (c) ELEMENTS OF PROGRAM.—The program author11 ized under subsection (b) shall meet the following require12 ments: 

13 (1) The program will offer scholarships to stu14 dents and scholars based on merit and need. It is 

15 the sense of Congress that scholarships should be of16 fered to students and scholars who evidence merit, 

17 achievement, and strong potential for the studies 

18 such students and scholars wish to undertake under 

19 the program and 60 percent of scholarships offered 

20 under the program should be based on financial 

21 need. 

22 (2) The program will seek to achieve gender 

23 equality in granting scholarships under the program. 

24 (3) Fields of study under the program will sup25 port the labor market and development needs of 


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1 CARICOM countries, assuring a pool of technical 

2 experts to address such needs. 

3 (4) The program will limit participation to— 

4 (A) 1 year of study for secondary school 

5 students; 

6 (B) 2 years of study for undergraduate 

7 students; and 

8 (C) 12 months of study for graduate stu9 dents, post-graduate students, and scholars. 

10 (5) For a period of time equal to the period of 

11 time of participation in the program, but not to ex12 ceed 2 years, the program will require participants 

13 who are students and scholars described in sub14 section (a)(2) to— 

15 (A) agree to return to live and work, or 

16 study or volunteer, in a CARICOM country and 

17 maintain residence in such country, within 6 

18 months of completion of academic studies; or 

19 (B) agree to obtain employment that di20 rectly benefits the growth, progress, and devel21 opment of one or more CARICOM countries 

22 and the people of such countries. 

23 (6) The Secretary may waive, shorten the dura24 tion, or otherwise alter the requirements of para25 graph (4) in limited circumstances of hardship, huVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 manitarian needs, for specific educational purposes, 

2 or in furtherance of the national interests of the 

3 United States. 

4 (d) ROLE OF UNITED STATES COOPERATING AGEN5 CIES.—The Secretary shall consult with United States co6 operating agencies in developing the program authorized 

7 under subsection (b). The Secretary is authorized to pro8 vide grants to United States cooperating agencies in car9 rying out the program authorized under subsection (b). 

10 (e) MONITORING AND EVALUATION OF PROGRAM.— 

11 (1) IN GENERAL.—The Secretary shall monitor 

12 and evaluate the effectiveness and efficiency of the 

13 program authorized under subsection (b). In so 

14 doing, the Secretary shall, among other things, 

15 evaluate the program’s positive or negative effects 

16 on ‘‘brain drain’’ from the participating CARICOM 

17 countries and suggest ways in which the program 

18 may be improved to promote the basic goal of alle19 viating brain drain from the participating 

20 CARICOM countries. 

21 (2) REQUIREMENTS.—In carrying out para22 graph (1), the Secretary shall review on a regular 

23 basis— 

24 (A) financial information relating to the 

25 program; 


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1 (B) budget plans for the program; 

2 (C) adjustments to plans established for 

3 the program; 

4 (D) graduation rates of participants in the 

5 program; 

6 (E) the percentage of participants who are 

7 students described in subsection (b)(1) who 

8 pursue higher education; 

9 (F) the percentage of participants who re10 turn to their home country or another 

11 CARICOM country; 

12 (G) the types of careers pursued by par13 ticipants in the program and the extent to 

14 which such careers are linked to the political, 

15 economic, and social development needs of 

16 CARICOM countries; and 

17 (H) the impact of gender, country of ori18 gin, financial need of students, and other rel19 evant factors on the data collected under sub20 paragraphs (D) through (G). 

21 (f) REPORTING REQUIREMENTS.— 

22 (1) REPORT REQUIRED.—Not later than 120 

23 days after the date of the enactment of this section, 

24 the Secretary of State shall submit to the appro25 priate congressional committees a report on plans to 


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1 implement the program authorized under this sec2 tion. 

3 (2) MATTERS TO BE INCLUDED.—The report 

4 required by paragraph (1) shall include— 

5 (A) a plan for selecting participants in the 

6 program, including an estimate of the number 

7 of secondary school students, undergraduate 

8 students, graduate students, post-graduate stu9 dents, and scholars from each country, by edu10 cational level, who will be selected as partici11 pants in the program for each fiscal year; 

12 (B) a timeline for selecting United States 

13 cooperating agencies that will assist in imple14 menting the program; 

15 (C) a financial plan that— 

16 (i) identifies budget plans for each 

17 educational level under the program; and 

18 (ii) identifies plans or systems to en19 sure that the costs to public school, college, 

20 and university education under the pro21 gram and the costs to private school, col22 lege, and university education under the 

23 program are reasonably allocated; and 

24 (D) a plan to provide outreach to and link25 ages with schools, colleges and universities, and 


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1 nongovernmental organizations in both the 

2 United States and CARICOM countries for im3 plementation of the program. 

4 (3) UPDATES OF REPORT.— 

5 (A) IN GENERAL.—The Secretary shall 

6 submit to the appropriate congressional com7 mittees updates of the report required by para8 graph (1) for each fiscal year for which 

9 amounts are appropriated pursuant to the au10 thorization of appropriations under subsection 

11 (g). 

12 (B) MATTERS TO BE INCLUDED.—Such 

13 updates shall include the following: 

14 (i) Information on United States co15 operating agencies that are selected to as16 sist in implementing the programs author17 ized under this section. 

18 (ii) An analysis of the positive and 

19 negative impacts the program authorized 

20 under this section will have or is having on 

21 ‘‘brain drain’’ from the participating 

22 CARICOM countries. 

23 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

24 amounts authorized to be appropriated pursuant to sec25 tion 101(4), there are authorized to be appropriated such 


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1 sums as may be necessary for each of fiscal years 2010 

2 and 2011 to carry out this section. 

3 SEC. 223. EXCHANGES BETWEEN SRI LANKA AND THE 

4 UNITED STATES TO PROMOTE DIALOGUE 

5 AMONG MINORITY GROUPS IN SRI LANKA. 

6 (a) PURPOSE.—It is the purpose of this section to 

7 provide financial assistance to— 

8 (1) establish an exchange program for Sri 

9 Lankan students currently pursuing a high school 

10 degree to participate in dialogue and understanding 

11 workshops in the United States; 

12 (2) expand Sri Lankan participation in ex13 change programs of the Department of State; and 

14 (3) promote dialogue between young adults 

15 from various ethnic, religious, linguistic, and other 

16 minority groups in Sri Lanka. 

17 (b) PROGRAM.— 

18 (1) IN GENERAL.—The Secretary of State shall 

19 establish an exchange program to provide scholar20 ships to fund exchanges to enable Sri Lankan high 

21 school students from various ethnic, religious, lin22 guistic, and other minority groups to participate in 

23 post-conflict resolution, understanding, and dialogue 

24 promotion workshops. 


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1 (2) DIALOGUE WORKSHOPS.—The exchange 

2 program established under paragraph (1) shall in3 clude a dialogue workshop located in the United 

4 States for participants in such program. 

5 (c) DEFINITION.—For purposes of this section, the 

6 term ‘‘scholarship’’ means an amount to be used for full 

7 or partial support of living expenses in the United States 

8 for a participant in the exchange program established 

9 under subsection (b), including travel expenses to, from, 

10 and within the United States. 

11 SEC. 224. EXCHANGES BETWEEN LIBERIA AND THE UNITED 

12 STATES FOR WOMEN LEGISLATORS. 

13 (a) PURPOSE.—It is the purpose of this section to 

14 provide financial assistance to— 

15 (1) establish an exchange program for Liberian 

16 women legislators and women staff members of the 

17 Liberian Congress; 

18 (2) expand Liberian participation in exchange 

19 programs of the Department of State; and 

20 (3) promote the advancement of women in the 

21 field of politics, with the aim of eventually reducing 

22 the rates of domestic abuse, illiteracy, and sexism in 

23 Liberia. 

24 (b) PROGRAM.—The Secretary of State shall estab25 lish an exchange program in cooperation with the WomVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 en’s Legislative Caucus in Liberia to provide scholarships 

2 to fund exchanges to enable Liberian women legislators 

3 and exceptional women Liberian Congressional staffers to 

4 encourage more women to participate in, and continue to 

5 be active in, politics and the democratic process in Liberia. 

6 (c) SCHOLARSHIP DEFINED.—In this section, the 

7 term ‘‘scholarship’’ means an amount to be used for full 

8 or partial support of living expenses in the United States 

9 for a participant in the exchange program established 

10 under subsection (b), including travel expenses to, from, 

11 and within the United States. 

12 SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI. 

13 The Secretary of State shall develop a public diplo14 macy plan to be implemented in the event that Temporary 

15 Protected Status (TPS) is extended to Haitian nationals 

16 in the United States to effectively inform Haitians living 

17 in Haiti that— 

18 (1) TPS only permits people already in the 

19 United States as of a specifically designated date to 

20 remain in the United States; 

21 (2) there are extraordinary dangers of travel by 

22 sea to the United States in unsafe, overcrowded ves23 sels; 

24 (3) any Haitian interdicted at sea traveling to 

25 the United States will be repatriated to Haiti; and 


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1 (4) the United States will continue its large as2 sistance program to help the people of Haiti recover 

3 from recent hurricanes, restore stability, and pro4 mote economic growth. 

5 SEC. 226. TRANSFER OF THE VIETNAM EDUCATION FOUN6 DATION TO THE DEPARTMENT OF STATE. 

7 (a) PURPOSES.—Section 202 of the Vietnam Edu8 cation Foundation Act of 2000 (Public Law 106–554) is 

9 amended by adding at the end the following new para10 graph: 

11 ‘‘(3) To support the development of one or 

12 more academic institutions in Vietnam by financing 

13 the participation of United States institutions of 

14 higher education in the governance, management, 

15 and academic activities of such academic institutions 

16 in Vietnam.’’. 

17 (b) ESTABLISHMENT.—Section 204 of such Act is 

18 amended to read as follows: 

19 ‘‘SEC. 204. ESTABLISHMENT. 

20 ‘‘There is established, within the Bureau of Edu21 cational and Cultural Affairs of the Department of State, 

22 the Vietnam Education Foundation (referred to in this 

23 title as the ‘Foundation’).’’. 


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1 (c) REPLACEMENT OF BOARD OF DIRECTORS WITH

2 ADVISORY COMMITTEE.—Section 205 of such Act is 

3 amended to read as follows: 

4 ‘‘SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY 

5 COMMITTEE. 

6 ‘‘(a) ESTABLISHMENT.— 

7 ‘‘(1) IN GENERAL.—There may be established a 

8 Vietnam Education Foundation Advisory Committee 

9 (referred to in this section as the ‘Advisory Com10 mittee’), which shall provide advice to the Secretary 

11 and the Assistant Secretary for Educational and 

12 Cultural Affairs regarding the Foundation’s activi13 ties. 

14 ‘‘(2) MEMBERSHIP.—The Advisory Committee 

15 shall be composed of seven members, of whom— 

16 ‘‘(A) three shall be appointed by the Sec17 retary; 

18 ‘‘(B) one shall be appointed by the major19 ity leader of the Senate; 

20 ‘‘(C) one shall be appointed by the minor21 ity leader of the Senate; 

22 ‘‘(D) one shall be appointed by the Speak23 er of the House of Representatives; and 

24 ‘‘(E) one shall be appointed by the minor25 ity leader of the House of Representatives. 


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1 ‘‘(3) APPOINTMENT OF INCUMBENT MEMBERS

2 OF BOARD OF DIRECTORS.—Members appointed to 

3 the Advisory Committee under paragraph (2) may 

4 include individuals who were members of the Board 

5 of Directors of the Foundation on the date imme6 diately preceding the date of the enactment of this 

7 section. 

8 ‘‘(b) SUPERVISION.—The Foundation shall be subject 

9 to the supervision and direction of the Secretary, working 

10 through the Assistant Secretary for Educational and Cul11 tural Affairs, and in consultation with the Advisory Com12 mittee established under subsection (a).’’. 

13 (d) USE OF FUNDS.—Paragraph (2) of subsection (c) 

14 of section 207 of such Act is amended to read as follows: 

15 ‘‘(2) USE OF FUNDS.—All or part of the 

16 amounts allotted for the Foundation under para17 graph (1) may be transferred to the Foundation or 

18 to the appropriate Department of State appropria19 tion for the purpose of carrying out or supporting 

20 the Foundation’s activities.’’. 

21 (e) APPOINTMENT OF EXECUTIVE DIRECTOR.—Sub22 section (a) of section 208 of such Act is amended— 

23 (1) in the first sentence by striking ‘‘shall be 

24 appointed’’ and inserting ‘‘may be appointed’’; and 

25 (2) by striking the last sentence. 


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1 (f) SERVICE OF EXECUTIVE DIRECTOR TO ADVISORY

2 COMMITTEE.—Such subsection is further amended, in the 

3 second sentence, by striking ‘‘Foundation and shall carry 

4 out’’ and inserting ‘‘Foundation, serve the Advisory Com5 mittee, and carry out’’. 

6 (g) FELLOWSHIP PROGRAM.—Section 206(a)(1)(A) 

7 of such Act is amended by striking ‘‘technology, and com8 puter sciences’’ and inserting ‘‘academic computer science, 

9 public policy, and academic and public management’’. 

10 (h) CONFORMING AMENDMENTS.—Such Act is 

11 amended— 

12 (1) in section 203— 

13 (A) by striking paragraph (1); 

14 (B) by redesignating paragraphs (2) and 

15 (3) as paragraphs (1) and (2), respectively; and 

16 (C) by inserting after paragraph (2), as re17 designated, the following: 

18 ‘‘(3) SECRETARY.—The term ‘Secretary’ means 

19 the Secretary of State.’’; 

20 (2) in section 208— 

21 (A) in subsection (a)— 

22 (i) in the subsection heading, by strik23 ing ‘‘BOARD’’ and inserting ‘‘SECRETARY’’; 

24 and 


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1 (ii) by striking ‘‘Board’’ each place it 

2 appears and inserting ‘‘Secretary’’; and 

3 (B) in subsection (d), by striking ‘‘Board’’ 

4 and inserting ‘‘Secretary’’; and 

5 (3) in section 209(b), by striking ‘‘Board’’ and 

6 inserting ‘‘Secretary’’. 

7 (i) MUTUAL EDUCATIONAL AND CULTURAL EX8 CHANGE ACT OF 1961.—Section 112(a) of the Mutual 

9 Educational and Cultural Exchange Act of 1961 (22 

10 U.S.C. 2460(a)) is amended— 

11 (1) in paragraph (8), by striking ‘‘and’’ at the 

12 end; 

13 (2) in paragraph (9), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by adding at the end the following: 

16 ‘‘(10) programs administered by the Vietnam 

17 Education Foundation.’’. 

18 (j) TRANSFER OF FUNCTIONS.—All functions and as19 sets of the Vietnam Education Foundation are transferred 

20 to the Bureau of Educational and Cultural Affairs of the 

21 Department of State. The Assistant Secretary for Edu22 cational and Cultural Affairs may hire personnel who were 

23 employed by the Vietnam Education Foundation on the 

24 date before the date of the enactment of this Act, and 

25 such other personnel as may be necessary to support the 


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1 Foundation, in accordance with part III of title 5, United 

2 States Code. 

3 (k) SUPPORT FOR INSTITUTIONAL DEVELOPMENT IN

4 VIETNAM.— 

5 (1) GRANTS AUTHORIZED.—The Secretary of 

6 State, acting through the Assistant Secretary for 

7 Educational and Cultural Affairs, is authorized to 

8 award 1 or more grants to institutions of higher 

9 education (as defined in section 101(a) of the High10 er Education Act of 1965 (20 U.S.C. 1001(a))), 

11 which shall be used to implement graduate-level aca12 demic and public policy management leadership pro13 grams in Vietnam. Such programs shall— 

14 (A) support Vietnam’s equitable and sus15 tainable socioeconomic development; 

16 (B) feature both teaching and research 

17 components; 

18 (C) promote the development of institu19 tional capacity in Vietnam; 

20 (D) operate according to core principles of 

21 good governance; and 

22 (E) enjoy autonomy from the Vietnamese 

23 government. 

24 (2) APPLICATION.— 


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1 (A) IN GENERAL.—Each institution of 

2 higher education desiring the grant under this 

3 section shall submit an application to the Sec4 retary of State at such time, in such manner, 

5 and accompanied by such information as the 

6 Secretary may reasonably require. 

7 (B) COMPETITIVE BASIS.—Each grant au8 thorized under subsection (a) shall be awarded 

9 on a competitive basis. 

10 (3) SOURCE OF GRANT FUNDS.—The Secretary 

11 of State may use funds made available to the Viet12 nam Education Foundation under section 207(c) of 

13 the Vietnam Education Foundation Act of 2000 (22 

14 U.S.C. 2452 note) for the grant awarded under this 

15 section. 

16 (l) EFFECTIVE DATE.—This section and the amend17 ments made by this section shall take effect on the date 

18 that is 90 days after the date of the enactment of this 

19 section. 

20 SEC. 227. EXCHANGES BETWEEN AFGHANISTAN AND THE 

21 UNITED STATES FOR WOMEN LEGISLATORS. 

22 (a) PURPOSE.—It is the purpose of this section to 

23 provide financial assistance to— 


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1 (1) establish an exchange program for Afghan 

2 women legislators of the National Assembly of Af3 ghanistan; 

4 (2) expand Afghan women participation in 

5 international exchange programs of the Department 

6 of State; and 

7 (3) promote the advancement of women in the 

8 field of politics, with the aim of encouraging more 

9 women to participate in civil society, reducing vio10 lence against women, and increasing educational op11 portunities for women and children. 

12 (b) PROGRAM.—The Secretary of State shall estab13 lish an exchange program in cooperation with the women 

14 members of parliament in Afghanistan to enable Afghan 

15 women legislators to encourage more women to participate 

16 in, and continue to be active in, politics and the demo17 cratic process in Afghanistan. 

18 Subtitle C—Consular Services and 

19 Related Matters 

20 SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT 

21 SURCHARGE. 

22 Section 1 of the Passport Act of June 4, 1920 (22 

23 U.S.C. 214; chapter 223, 41 Stat. 750), is amended by— 

24 (1) striking subsection (b)(2); and 


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1 (2) redesignating subsection (b)(3) as sub2 section (b)(2). 

3 SEC. 232. SENSE OF CONGRESS REGARDING ADDITIONAL 

4 CONSULAR SERVICES IN MOLDOVA. 

5 It is the sense of Congress that in light of serious 

6 problems with human trafficking as well as the exception7 ally high volume of applications by citizens of Moldova to 

8 the United States Summer Work Travel program, the Sec9 retary of State should make every effort to enhance con10 sular services at the United States embassy in Chisinau, 

11 Moldova, including considering assigning an additional 

12 consular officer to such post, and providing enhanced anti13 trafficking training, especially related to student exchange 

14 visas and other vulnerable categories of visa applicants. 

15 SEC. 233. REFORMING REFUGEE PROCESSING. 

16 (a) WORLDWIDE PROCESSING PRIORITY SYSTEM.— 

17 (1) EMBASSY REFERRALS.—The Secretary of 

18 State shall expand training of United States em19 bassy and consular personnel to ensure that appro20 priate United States embassies and consulates are 

21 equipped and enabled to refer to the United States 

22 refugee admissions program aliens in urgent need of 

23 resettlement. 

24 (2) NGO REFERRALS.—The Secretary shall ex25 pand training of, and communication with, nonVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 governmental organizations that provide assistance 

2 to displaced and persecuted persons to enable such 

3 organizations to refer to the United States refugee 

4 admissions program aliens in urgent need of reset5 tlement. 

6 (b) REFORM OF THE REFUGEE CONSULTATION

7 PROCESS.—Section 207 of the Immigration and Nation8 ality Act (8 U.S.C. 1157) is amended— 

9 (1) in subsection (a)(2), by adding at the end 

10 the following new sentence: ‘‘In the event that a fis11 cal year begins without such determination having 

12 been made, there is authorized to be admitted in the 

13 first quarter of such fiscal year 25 percent of the 

14 number of refugees fixed by the President in the 

15 previous fiscal year’s determination, and any refu16 gees admitted under this sentence shall be counted 

17 toward the President’s determination when it is 

18 made.’’; and 

19 (2) in subsection (e), in the matter preceding 

20 paragraph (1), by striking ‘‘discussions in person’’ 

21 and inserting ‘‘discussions in person, to be com22 menced not later than June 1 of each year,’’. 

23 (c) FAMILY REUNIFICATION.— 

24 (1) MULTIPLE FORMS OF RELIEF.—Applicants 

25 for admission as refugees shall be permitted to siVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 multaneously pursue admission under any other visa 

2 categories for which such applicants may be eligible. 

3 (2) SEPARATED CHILDREN.—In the case of a 

4 child under the age of 18 who has been separated 

5 from the birth or adoptive parents of such child and 

6 who is living under the care of an alien who has 

7 been approved for admission to the United States as 

8 a refugee, such child shall be, if it is in the best in9 terest of such child to be placed with such alien in 

10 the United States, admitted as a refugee provided 

11 such child is otherwise admissible as described in 

12 section 207(c)(3) of the Immigration and Nation13 ality Act (8 U.S.C. 1157(c)(3)). 

14 (3) CHILDREN OF REFUGEE SPOUSES.—For the 

15 purposes of sections 207(c)(2)(A) and 208(b)(3) of 

16 the Immigration and Nationality Act (8 U.S.C. 

17 1157(c)(2)(A) and 1158(b)(3)), if a spouse of a ref18 ugee or of a person who has been granted asylum 

19 proves that such spouse is the birth or adoptive par20 ent of a child, such child shall be eligible to accom21 pany or follow to join such parent. 

22 (d) ERMA ACCOUNT.—Section 2(c)(2) of the Migra23 tion and Refugee Assistance Act of 1962 (22 U.S.C. 

24 2601(c)(2)) is amended by striking ‘‘$100,000,000’’ and 

25 inserting ‘‘$200,000,000’’. 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.— 

2 (1) IN GENERAL.—There is authorized to be 

3 appropriated such sums as may be necessary to 

4 carry out this section, including the amendments 

5 made by this section. 

6 (2) RULE OF CONSTRUCTION.—Nothing in this 

7 section may be construed to reduce funds or services 

8 for other refugee assistance or resettlement. 

9 (f) EFFECTIVE DATE.—This section, and the amend10 ments made by this section, shall take effect on the first 

11 day of the first fiscal year that begins after the date of 

12 the enactment of this section. 

13 SEC. 234. ENGLISH LANGUAGE AND CULTURAL AWARENESS 

14 TRAINING FOR APPROVED REFUGEE APPLI15 CANTS. 

16 (a) IN GENERAL.—The Secretary of State shall es17 tablish overseas refugee training programs to provide 

18 English as a second language, cultural orientation, and 

19 work orientation training for refugees, including children, 

20 as appropriate, who have been approved for admission to 

21 the United States before their departure for the United 

22 States. 

23 (b) DESIGN AND IMPLEMENTATION.—In designing 

24 and implementing the training programs referred to in 


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1 subsection (a), the Secretary shall consult with or utilize 

2 both— 

3 (1) nongovernmental or international organiza4 tions with direct ties to the United States refugee 

5 resettlement program; and 

6 (2) nongovernmental or international organiza7 tions with appropriate expertise in developing cur8 riculum and teaching English as a second language. 

9 (c) IMPACT ON PROCESSING TIMES.—The Secretary 

10 shall ensure that such training programs occur within cur11 rent processing times and do not unduly delay the depar12 ture for the United States of refugees who have been ap13 proved for admission to the United States. 

14 (d) TIMELINE FOR IMPLEMENTATION.— 

15 (1) INITIAL IMPLEMENTATION.—Not later than 

16 1 year after the date of the enactment of this Act, 

17 the Secretary shall ensure that such training pro18 grams are operating in at least three refugee proc19 essing regions. 

20 (2) ADDITIONAL IMPLEMENTATION.—Not later 

21 than 2 years after the date of the enactment of this 

22 Act, the Secretary shall notify the appropriate con23 gressional committees that such training programs 

24 are operating in five refugee processing regions. 


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1 (e) GAO REPORT.—Not later than 2 years after the 

2 date of the enactment of this Act, the Comptroller General 

3 of the United States shall conduct a study on the imple4 mentation of this section, including an assessment of the 

5 quality of English as a second language curriculum and 

6 instruction, the benefits of the orientation and English as 

7 a second language training program to refugees, and rec8 ommendations on whether such programs should be con9 tinued, broadened, or modified, and shall submit to the 

10 appropriate congressional committees a report on the find11 ings of such study. 

12 (f) RULE OF CONSTRUCTION.—Nothing in this sec13 tion shall be construed to require that a refugee partici14 pate in such a training program as a precondition for the 

15 admission to the United States of such refugee. 

16 SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED 

17 PERSONS. 

18 (a) IN GENERAL.—The President shall develop and 

19 implement policies and strategies to address the protec20 tion, resettlement, and assistance needs of Iraqi refugees 

21 and internally displaced persons (IDPs), foster long-term 

22 solutions for stabilizing the lives of such refugees and 

23 IDPs, monitor the development and implementation of as24 sistance strategies to countries in the Middle East that 

25 are hosting refugees from Iraq, encourage the Government 


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1 of Iraq to actively engage the problem of displaced persons 

2 and refugees and monitor the Government of Iraq’s reso3 lution of the problem, and ensure that budget requests to 

4 Congress are sufficient to meet an appropriate United 

5 States contribution to the needs of Iraqi refugees, IDPs 

6 within Iraq, and other refugees in Iraq. 

7 (b) INTERAGENCY PROCESS.— 

8 (1) IN GENERAL.—The President should estab9 lish an interagency working group to carry out the 

10 goals of subsection (a) by facilitating interagency co11 ordination to develop and implement policies to ad12 dress the needs of Iraqi refugees and IDPs during 

13 this refugee crisis. 

14 (2) COMPOSITION.—The interagency working 

15 group shall consist of appropriate high-ranking offi16 cials from the Department of State, the Department 

17 of Homeland Security, the Department of Defense, 

18 the United States Agency for International Develop19 ment, and such other agencies as the President may 

20 determine. 

21 (3) ROLE OF SECRETARY OF STATE.—The Sec22 retary of State shall serve as principal liaison with 

23 the Government of Iraq, its neighboring refugee 

24 hosting countries, and the international community 

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1 tributions to address the needs of Iraqi refugees, 

2 IDPs, and returned refugees as well as with non3 governmental organizations working for and on be4 half of displaced Iraqis. 

5 (c) INCREASE IN REFUGEE PROCESSING CAPAC6 ITY.—The Secretary of State should, subject to the avail7 ability of appropriations for such purpose, seek to substan8 tially increase the resources available to support the proc9 essing of refugee applicants in Iraq. 

10 (d) HUMANITARIAN ASSISTANCE.—The United 

11 States should seek to ensure that— 

12 (1) other countries make contributions to the 

13 United Nations High Commissioner on Refugees 

14 (UNHCR) and to other international organizations 

15 assisting Iraqi refugees and IDPs; 

16 (2) the United States continues to make con17 tributions that are sufficient to fund not less than 

18 50 percent of the amount requested by the UNHCR, 

19 the International Committee of the Red Cross, and 

20 other appropriate international organizations in each 

21 of fiscal years 2010 and 2011; and 

22 (3) the Government of Iraq makes significant 

23 contributions to UNHCR and to other international 

24 organizations assisting Iraqi refugees and IDPs. 


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1 (e) STATEMENT OF POLICY REGARDING ENCOUR2 AGING VOLUNTARY RETURNS.—It shall be the policy of 

3 the United States to encourage Iraqi refugees to return 

4 to Iraq only when conditions permit safe, sustainable re5 turns on a voluntary basis with the coordination of the 

6 UNHCR and the Government of Iraq. 

7 (f) INTERNATIONAL COOPERATION.—The Secretary 

8 of State shall work with the international community, in9 cluding governments hosting the refugees, international 

10 organizations, nongovernmental organizations, and do11 nors, to develop a long-term, comprehensive international 

12 strategy for assistance and solutions for Iraqi refugees 

13 and IDPs, and to provide— 

14 (1) a comprehensive assessment of the needs of 

15 Iraqi refugees and IDPs, and the needs of the popu16 lations that host such refugees and IDPs; 

17 (2) assistance to international organizations as18 sisting IDPs and vulnerable persons in Iraq and 

19 Iraqi refugees in neighboring countries, including 

20 through resettlement; 

21 (3) assistance to international organizations 

22 and other relevant entities, including such organiza23 tions and entities providing psychosocial services and 

24 cash assistance, and such organizations and entities 

25 facilitating voluntary returns of displaced persons; 


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1 (4) technical assistance to the Government of 

2 Iraq to establish better systems for meeting the 

3 needs of Iraqi IDPs and refugees, and to other gov4 ernment entities, international organizations, or non5 governmental organizations developing legal frame6 works and systems to resolve land and housing claim 

7 disputes, including restitution; 

8 (5) enhanced residency protections and opportu9 nities for Iraqi refugees to work legally; and 

10 (6) increased transparency on behalf of host 

11 governments, international organizations, and non12 governmental organizations that receive assistance 

13 for Iraqi refugees and IDPs. 

14 (g) ENHANCED ACCOUNTING.—To better assess the 

15 benefits of United States assistance to Iraqi refugees and 

16 IDPs, the Secretary of State, in coordination with the Ad17 ministrator of the United States Agency for International 

18 Development, as appropriate, shall— 

19 (1) develop performance measures to fully as20 sess and report progress in achieving United States 

21 goals and objectives for Iraqi refugees and IDPs; 

22 and 

23 (2) track and report funding apportioned, obli24 gated, and expended for Iraqi refugee programs in 


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1 Jordan, Syria, Lebanon, and the other host coun2 tries, to the extent practicable. 

3 (h) REPORT TO CONGRESS.—Not later than 90 days 

4 after the date of the enactment of this Act and annually 

5 thereafter through 2011, the President shall transmit to 

6 the appropriate congressional committees a report on the 

7 implementation of this section. Such report shall include— 

8 (1) information concerning assistance and fund9 ing to host countries and international organizations 

10 and nongovernmental organizations; 

11 (2) information concerning measures taken by 

12 the United States to increase its capabilities to proc13 ess Iraqi refugees for resettlement, especially from 

14 inside Iraq; 

15 (3) an evaluation of the effectiveness of meas16 ures implemented by agencies of the Government of 

17 Iraq to assist Iraqi refugees, IDPs, and other vul18 nerable persons and to facilitate the safe and vol19 untary return of refugees; 

20 (4) an accounting of past expenditures and a 

21 report on plans for expenditures by the Government 

22 of Iraq on Iraqi refugees and IDPs; and 

23 (5) information gathered in fulfillment of sub24 section (g). 


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1 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

2 amounts authorized to be appropriated pursuant to sec3 tion 104, there is authorized to be appropriated such sums 

4 as may be necessary to carry out this section. 

5 SEC. 236. VIDEOCONFERENCE INTERVIEWS. 

6 (a) PILOT PROGRAM.—The Secretary of State may 

7 develop and conduct a 2-year pilot program for the proc8 essing of tourist visas using secure remote 

9 videoconferencing technology as a method for conducting 

10 visa interviews of applicants. 

11 (b) REPORT.—Not later than 1 year after initiating 

12 the pilot program under subsection (a) and again not later 

13 than 3 months after the conclusion of the 2-year period 

14 referred to in such subsection, the Secretary of State shall 

15 submit to the appropriate congressional committees a re16 port on such pilot program. Each such report shall assess 

17 the efficacy of using secure remote videoconferencing tech18 nology as a method for conducting visa interviews of appli19 cants, including any effect such method may have on an 

20 interviewer’s ability to determine an applicant’s credibility 

21 and uncover fraud, and shall include recommendations on 

22 whether or not the pilot program should be continued, 

23 broadened, or modified. 


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1 SEC. 237. TIBET. 

2 (a) TIBET NEGOTIATIONS.—Section 613(a) of the 

3 Tibetan Policy Act of 2002 (Public Law 107–228; 22 

4 U.S.C. 6901 note) is amended— 

5 (1) in paragraph (1), by inserting before the pe6 riod at the end the following: ‘‘and should coordinate 

7 with other governments in multilateral efforts to8 ward this goal’’; 

9 (2) by redesignating paragraph (2) as para10 graph (3); and 

11 (3) by inserting after paragraph (1) the fol12 lowing new paragraph: 

13 ‘‘(2) POLICY COORDINATION.—The President 

14 shall direct the National Security Council to ensure 

15 that, in accordance with this Act, United States pol16 icy on Tibet is coordinated and communicated with 

17 all Executive Branch agencies in contact with the 

18 Government of China.’’. 

19 (b) BILATERAL ASSISTANCE.—Section 616 of the Ti20 betan Policy Act of 2002 is amended— 

21 (1) by redesignating subsection (d) as sub22 section (e); and 

23 (2) by inserting after subsection (c) the fol24 lowing new subsection: 

25 ‘‘(d) UNITED STATE ASSISTANCE.—The President 

26 shall provide grants to nongovernmental organizations to 


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1 support sustainable economic development, cultural and 

2 historical preservation, health care, education, and envi3 ronmental sustainability projects for Tibetan communities 

4 in the Tibet Autonomous Region and in other Tibetan 

5 communities in China, in accordance with the principles 

6 specified in subsection (e) and subject to the review and 

7 approval of the Special Coordinator for Tibetan Issues 

8 under section 621(d).’’. 

9 (c) SPECIAL COORDINATOR FOR TIBETAN ISSUES.— 

10 Section 621 of the Tibetan Policy Act of 2002 is amend11 ed— 

12 (1) in subsection (d)— 

13 (A) in paragraph (5), by striking ‘‘and’’ at 

14 the end; 

15 (B) by redesignating paragraph (6) as 

16 paragraph (7); and 

17 (C) by inserting after paragraph (5) the 

18 following new paragraph: 

19 ‘‘(6) review and approve all projects carried out 

20 pursuant to section 616(d); and’’; and 

21 (2) by adding at the end the following new sub22 section: 

23 ‘‘(e) PERSONNEL.—The Secretary shall assign dedi24 cated personnel to the Office of the Special Coordinator 


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1 for Tibetan Issues sufficient to assist in the management 

2 of the responsibilities of this section and section 616(d).’’. 

3 (d) DIPLOMATIC REPRESENTATION RELATING TO

4 TIBET.— 

5 (1) UNITED STATES EMBASSY IN BEIJING.— 

6 (A) IN GENERAL.—The Secretary of State 

7 is authorized to establish a Tibet Section within 

8 the United States Embassy in Beijing, People’s 

9 Republic of China, for the purposes of following 

10 political, economic, and social developments in11 side Tibet, including Tibetan areas of Qinghai, 

12 Sichuan, Gansu, and Yunnan provinces, until 

13 such time as a United States consulate in Tibet 

14 is established. Such Tibet Section shall have the 

15 primary responsibility for reporting on human 

16 rights issues in Tibet and shall work in close 

17 cooperation with the Office of the Special Coor18 dinator for Tibetan Issues. The chief of such 

19 Tibet Section should be of senior rank. 

20 (B) AUTHORIZATION OF APPROPRIA21 TIONS.—Of the amounts authorized to be ap22 propriated under section 101, there are author23 ized to be appropriated such sums as may be 

24 necessary for each of fiscal years 2010 and 

25 2011 to carry out this paragraph. 


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1 (2) IN TIBET.—Section 618 of the Tibetan Pol2 icy Act of 2002 is amended to read as follows: 

3 ‘‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CON4 SULATE IN LHASA, TIBET. 

5 ‘‘The Secretary shall seek to establish a United 

6 States consulate in Lhasa, Tibet, to provide services to 

7 United States citizens traveling to Tibet and to monitor 

8 political, economic, and cultural developments in Tibet, in9 cluding Tibetan areas of Qinghai, Sichuan, Gansu, and 

10 Yunnan provinces.’’. 

11 (e) RELIGIOUS PERSECUTION IN TIBET.—Section 

12 620(b) of the Tibetan Policy Act of 2002 is amended by 

13 adding before the period at the end the following: ‘‘, in14 cluding the reincarnation system of Tibetan Buddhism’’. 

15 SEC. 238. PROCESSING OF CERTAIN VISA APPLICATIONS. 

16 (a) POLICY.—It shall be the policy of the Department 

17 of State to process immigrant visa applications of imme18 diate relatives of United States citizens and nonimmigrant 

19 k-1 visa applications of fiances of United States citizens 

20 within 30 days of the receipt of all necessary documents 

21 from the applicant and the Department of Homeland Se22 curity. In the case of a visa application where the sponsor 

23 of such applicant is a relative other than an immediate 

24 relative, it should be the policy of the Department of State 

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1 ceipt of all necessary documents from the applicant and 

2 the Department of Homeland Security. 

3 (b) REVIEW BY HEAD OF CONSULAR SECTION.—For 

4 any visa application described in subsection (a), it shall 

5 be the policy of the Department of State to require the 

6 head of the consular section (or designee) of any United 

7 States diplomatic or consular post to review any such ap8 plication that exceeds the applicable time period specified 

9 in such subsection by more than 5 days, and, as appro10 priate, provide for expedited processing of such applica11 tion. 

12 SEC. 239. REPORT ON SPECIAL IMMIGRANT PROGRAMS 

13 FOR CERTAIN NATIONALS OF IRAQ AND AF14 GHANISTAN. 

15 (a) IN GENERAL.—Not later than 90 days after the 

16 date of the enactment of this Act, the Secretary of State 

17 shall submit to the Congress a report on the programs 

18 authorized under the following provisions: 

19 (1) Section 1059 of division A of the National 

20 Defense Authorization Act for Fiscal Year 2006 

21 (Public Law 109–163; 8 U.S.C. 1101 note). 

22 (2) Section 1244 of division A of the National 

23 Defense Authorization Act for Fiscal Year 2008 

24 (Public Law 110–181; 122 Stat. 396 et seq.). 


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1 (b) CONTENTS.—The report under subsection (a) 

2 shall address at least the following: 

3 (1) Whether the eligibility requirements with re4 spect to the programs are sufficiently clear, and if 

5 not, whether legislation is necessary to clarify those 

6 requirements. 

7 (2) Whether the programs are being run effec8 tively and expeditiously. 

9 (3) Whether processing delays exist with re10 spect to the programs that place applicants’ lives at 

11 risk, and if so— 

12 (A) what the cause or causes of the delays 

13 are; and 

14 (B) whether legislation is necessary to 

15 eliminate the delays. 

16 SEC. 240. STUDY REGARDING USE OF PASSPORTS FOR 

17 OVERSEAS VOTING AND CENSUS. 

18 The Secretary of State, in consultation with the At19 torney General and the Director of the Census Bureau, 

20 shall conduct a feasibility study and submit to Congress 

21 a report assessing methods of facilitating voting in United 

22 States elections by United States citizens living overseas 

23 using passports or other methods, and for using passports 

24 or other methods to count United States citizens living 

25 overseas in the United States Census. 


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1 Subtitle D—Strengthening Arms 

2 Control and Nonproliferation 

3 Activities at the Department of 

4 State 

5 SEC. 241. FINDINGS AND SENSE OF CONGRESS ON THE 

6 NEED TO STRENGTHEN UNITED STATES 

7 ARMS CONTROL AND NONPROLIFERATION 

8 CAPABILITIES. 

9 (a) FINDINGS.—Congress finds the following: 

10 (1) International security relies upon collective 

11 security arrangements and alliances, as unilateral 

12 actions by one country, no matter how powerful, are 

13 insufficient to cope effectively with security threats. 

14 (2) In the same manner, collective arrange15 ments, conventions, and alliances devoted to halting 

16 the proliferation of weapons of mass destruction, 

17 their means of production and delivery, frequently 

18 institutionalized within multilateral treaties and con19 ventions, are critical to effective collective global ac20 tion. 

21 (3) In order to safeguard and advance United 

22 States national security, the Department of State 

23 must have the structural and human resources nec24 essary to lead and participate in all international ne25 gotiations, conventions, organizations, arrangements, 


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1 and implementation fora in the field of nonprolifera2 tion and arms control. 

3 (4) North Korea and Iran present fundamental 

4 challenges to the global nonproliferation regime, 

5 challenges that can only be met by active, com6 mitted, and long-term multilateral engagement, par7 ticipation, and leadership by the United States. 

8 (5) Further, the United States has outlined an 

9 ambitious agenda in arms control and nonprolifera10 tion for the coming years, including— 

11 (A) the conclusion of a strategic arms re12 duction treaty with Russia that preserves the 

13 benefits of the expiring START I treaty and 

14 makes further reductions in the total number of 

15 nuclear warheads in both countries, consistent 

16 with their national security needs; 

17 (B) United States ratification of the Com18 prehensive Test Ban Treaty (CTBT), consid19 ered a foundational treaty by the global non20 proliferation community for further advances 

21 toward greater stability and the reduction of 

22 role of nuclear weapons; 

23 (C) the creation of a Fissile Material Cut24 off Treaty (FMCT) to reduce the rate of pro25 duction and ultimately halt the production of 


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1 militarily-useful fissile material for nuclear 

2 weapons; 

3 (D) the securing of vulnerable nuclear ma4 terial worldwide that could be stolen and uti5 lized by terrorist groups and rogue countries for 

6 nuclear and radiological weapons; 

7 (E) the reinvigoration of the Treaty on the 

8 Nonproliferation of Nuclear Weapons (NPT), 

9 the cornerstone of the global nuclear non10 proliferation regime, especially at the 2010 Re11 view Conference; 

12 (F) the expansion and greater development 

13 of the Proliferation Security Initiative (PSI) 

14 and the Global Initiative to Combat Nuclear 

15 Terrorism into durable international institu16 tions; 

17 (G) the disruption and prevention of nu18 clear black markets; 

19 (H) the convening of a Global Summit on 

20 Nuclear Security; 

21 (I) strengthening the infrastructure and 

22 technical and financial resources available to 

23 the International Atomic Energy Agency 

24 (IAEA) and its international nuclear safeguards 

25 system; and 


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1 (J) engaging multiple international conven2 tions and negotiations on restriction on conven3 tional arms of various types. 

4 (b) SENSE OF CONGRESS.—It is the sense of Con5 gress that— 

6 (1) the Secretary of State should immediately 

7 develop a plan to strengthen the capabilities of the 

8 Department of State to lead and participate effec9 tively in all international negotiations and implemen10 tation fora in the field of nonproliferation and arms 

11 control, especially to increase the human, organiza12 tional, and financial resources available to the Un13 dersecretary of State for Arms Control and Inter14 national Security; 

15 (2) such plan should— 

16 (A) focus especially on the recruitment and 

17 professional development of civilian and Foreign 

18 Service officers in the areas of arms control and 

19 nonproliferation within the Department of 

20 State, especially to increase the number of per21 sonnel assigned to arms control and non22 proliferation and enhance recruitment of tech23 nical specialists, as well as provide for the long24 term sustainability of personnel and resources; 

25 and 


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1 (B) identify measures to make service in 

2 arms control and nonproliferation offices, bu3 reaus, and in foreign postings an attractive 

4 path for further promotion within the Foreign 

5 Service; and 

6 (3) the Secretary of State should regularly keep 

7 Congress informed as to the measures taken to 

8 strengthen the arms control and nonproliferation ca9 pabilities of the Department of State, including what 

10 additional legal authority or appropriations are re11 quired. 

12 SEC. 242. AUTHORIZATION OF ADDITIONAL ARMS CONTROL 

13 AND NONPROLIFERATION POSITIONS. 

14 Of the amounts authorized to be appropriated under 

15 section 101, $3,000,000 is authorized to be appropriated 

16 for an additional 25 positions at the Department of State 

17 for arms control and nonproliferation functions over the 

18 number of such positions in existence as of the date of 

19 the enactment of this Act. 

20 SEC. 243. ADDITIONAL AUTHORITY OF THE SECRETARY OF 

21 STATE. 

22 Section 401(d) of the Arms Control and Disar23 mament Act (Public Law 87–297; 22 U.S.C. 2581) is 

24 amended, in the first proviso, by striking ‘‘the President’’ 

25 and inserting ‘‘the Secretary of State’’. 


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1 SEC. 244. ADDITIONAL FLEXIBILITY FOR RIGHTSIZING 

2 ARMS CONTROL AND NONPROLIFERATION 

3 FUNCTIONS. 

4 (a) REPEAL.—Section 1112 of the Admiral James W. 

5 Nance and Meg Donovan Foreign Relations Authorization 

6 Act, Fiscal Years 2000 and 2001 (Public Law 106–113) 

7 is repealed. 

8 (b) CLERICAL AMENDMENT.—The table of contents 

9 in section 2(b) of such Act is amended by striking the 

10 item relating to section 1112. 

11 SEC. 245. ARMS CONTROL AND NONPROLIFERATION ROTA12 TION PROGRAM. 

13 (a) ESTABLISHMENT.— 

14 (1) IN GENERAL.—The Secretary of State (in 

15 this section referred to as the ‘‘Secretary’’), in con16 sultation with the heads of other Federal depart17 ments and agencies that are involved in United 

18 States arms control and nonproliferation activities, 

19 shall establish the Arms Control and Nonprolifera20 tion Rotation Program (in this section referred to as 

21 the ‘‘Rotation Program’’) for employees of the De22 partment of State (in this section referred to as the 

23 ‘‘Department’’) and such other Federal departments 

24 and agencies. The Rotation Program shall use appli25 cable best practices, including those prescribed by 

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1 ees of the Department and any other Federal de2 partment or agency participating in the Rotation 

3 Program may be detailed among the Department or 

4 such department or agency on a non-reimbursable 

5 basis. 

6 (2) GOALS.—The Rotation Program shall— 

7 (A) be established in accordance with the 

8 human capital strategic plan of the Depart9 ment; 

10 (B) provide midlevel Foreign Service offi11 cers and employees of the Department, and em12 ployees of other Federal departments and agen13 cies concerned with arms control and non14 proliferation responsibilities the opportunity to 

15 broaden their knowledge through exposure to 

16 other areas of the Department and such other 

17 Federal departments and agencies; 

18 (C) expand the knowledge base of the De19 partment by providing for rotational assign20 ments of employees to such other Federal de21 partments and agencies; 

22 (D) build professional relationships and 

23 contacts among the employees in such other 

24 Federal departments and agencies; 


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1 (E) invigorate the Department’s arms con2 trol and nonproliferation workforce with profes3 sionally rewarding opportunities; and 

4 (F) incorporate human capital strategic 

5 plans and activities of the Department, and ad6 dress critical human capital deficiencies, profes7 sional development, recruitment and retention 

8 efforts, and succession planning within the Fed9 eral workforce of the Department. 

10 (3) RESPONSIBILITIES.—The Secretary shall— 

11 (A) provide oversight of the establishment 

12 and implementation of the Rotation Program; 

13 (B) establish a framework that supports 

14 the goals of the Rotation Program and pro15 motes cross disciplinary rotational opportuni16 ties; 

17 (C) establish eligibility for employees of 

18 other Federal departments and agencies con19 cerned with national security responsibilities to 

20 participate in the Rotation Program and select 

21 participants from such employees who apply; 

22 (D) establish incentives for such employees 

23 to participate in the Rotation Program, includ24 ing promotions and employment preferences; 


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1 (E) ensure that the Rotation Program pro2 vides professional education and training; 

3 (F) ensure that the Rotation Program de4 velops qualified employees and future leaders 

5 with broad based experience throughout the De6 partment; and 

7 (G) provide for greater interaction among 

8 employees in such Federal departments and 

9 agencies, including the Agency. 

10 (4) ALLOWANCES, PRIVILEGES, AND BENE11 FITS.—All allowances, privileges, rights, seniority, 

12 and other benefits of employees participating in the 

13 Rotation Program shall be preserved. 

14 (5) REPORTING.—Not later than 1 year after 

15 the date of the establishment of the Rotation Pro16 gram, the Secretary shall submit to the appropriate 

17 congressional committees and the Committee on 

18 Armed Services of the House of Representatives and 

19 the Committee on Armed Services of the Senate a 

20 report on the status of the Rotation Program, in21 cluding a description of the Rotation Program, the 

22 number of individuals participating, and how the Ro23 tation Program is used in succession planning and 

24 leadership development. 


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1 SEC. 246. ARMS CONTROL AND NONPROLIFERATION 

2 SCHOLARSHIP PROGRAM. 

3 (a) ESTABLISHMENT.— 

4 (1) IN GENERAL.—The Secretary of State (in 

5 this section referred to as the ‘‘Secretary’’) shall es6 tablish a scholarship program (to be known as the 

7 ‘‘Arms Control and Nonproliferation Scholarship 

8 Program’’) to award scholarships for the purpose of 

9 recruiting and preparing students for civilian careers 

10 in the fields of nonproliferation, arms control, and 

11 international security to meet the critical needs of 

12 the Department of State (in this section referred to 

13 as the ‘‘Department’’). 

14 (2) SELECTION OF RECIPIENTS.— 

15 (A) MERIT AND AGENCY NEEDS.—Individ16 uals shall be selected to receive scholarships 

17 under this section through a competitive proc18 ess primarily on the basis of academic merit 

19 and the arms control and nonproliferation needs 

20 of the Department. 

21 (B) DEMONSTRATED COMMITMENT.—Indi22 viduals selected under this section shall have a 

23 demonstrated interest in public service and a 

24 commitment to the field of study for which the 

25 scholarship is awarded. 


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1 (3) CONTRACTUAL AGREEMENTS.—In order to 

2 carry out the scholarship program, the Secretary 

3 shall enter into contractual agreements with individ4 uals selected under paragraph (2) pursuant to which 

5 such individuals agree to serve as full-time employ6 ees of the Department, for a period to be determined 

7 by the Secretary, not to exceed 6 years, in arms con8 trol and nonproliferation positions needed by the De9 partment and for which the individuals are qualified, 

10 in exchange for receiving a scholarship. 

11 (b) ELIGIBILITY.—Except as provided in subjection 

12 (f), in order to be eligible to participate in the scholarship 

13 program, an individual shall be enrolled or accepted for 

14 enrollment as a full-time student at an institution of high15 er education and be pursuing or intend to pursue under16 graduate or graduate education in an academic field or 

17 discipline specified in the list made available under sub18 section (d) and be a United States citizen. 

19 (c) APPLICATION.—An individual seeking a scholar20 ship under this section shall submit to the Secretary an 

21 application at such time, in such manner, and containing 

22 such information, agreements, or assurances as the Sec23 retary may require. 

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1 grams and fields of study for which scholarships under 

2 this section may be awarded. 

3 (e) SCHOLARSHIPS.— 

4 (1) IN GENERAL.—The Secretary may award a 

5 scholarship under this section for an academic year 

6 if the individual applying for the scholarship has 

7 submitted to the Secretary, as part of the applica8 tion required under subsection (c), a proposed aca9 demic program leading to a degree in a program or 

10 field of study specified on the list made available 

11 under subsection (d). 

12 (2) LIMITATION ON YEARS.—An individual may 

13 not receive a scholarship under this section for more 

14 than four academic years, unless the Secretary 

15 grants a waiver. 

16 (3) STUDENT RESPONSIBILITIES.—Scholarship 

17 recipients shall maintain satisfactory academic 

18 progress. 

19 (4) AMOUNT.—The dollar amount of a scholar20 ship awarded under this section for an academic 

21 year shall be determined under regulations issued by 

22 the Secretary, but shall in no case exceed the cost 

23 of tuition, fees, and other authorized expenses as de24 termined by the Secretary. 


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1 (5) USE OF SCHOLARSHIPS.—A scholarship 

2 awarded under this section may be expended for tui3 tion, fees, and other authorized expenses as estab4 lished by the Secretary by regulation. 

5 (6) PAYMENT TO INSTITUTION OF HIGHER

6 EDUCATION.—The Secretary may enter into a con7 tractual agreement with an institution of higher edu8 cation under which the amounts provided for a 

9 scholarship under this section for tuition, fees, and 

10 other authorized expenses are paid directly to the in11 stitution with respect to which such scholarship is 

12 awarded. 

13 (f) SPECIAL CONSIDERATION FOR CURRENT EM14 PLOYEES.—Notwithstanding subsection (b), up to 5 per15 cent of the scholarships awarded under this section may 

16 be set aside for individuals who are Federal employees on 

17 the date of the enactment of this Act to enhance the edu18 cation of such employees in areas of critical arms control 

19 or nonproliferation needs of the Department, for under20 graduate or graduate education under the scholarship on 

21 a full-time or part-time basis. 

22 (g) REPAYMENT.— 

23 (1) IN GENERAL.—A scholarship recipient who 

24 fails to maintain a high level of academic standing, 

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1 ciplinary reasons from the educational institution 

2 such recipient is attending, or who voluntarily termi3 nates academic training before graduation from the 

4 educational program for which the scholarship was 

5 awarded shall be in breach of the contractual agree6 ment under subsection (a)(3) and, in lieu of any 

7 service obligation arising under such agreement, 

8 shall be liable to the United States for repayment 

9 within 1 year after the date of such default of all 

10 scholarship funds paid to such recipient and to the 

11 institution of higher education on the behalf of such 

12 recipient under such agreement. The repayment pe13 riod may be extended by the Secretary if the Sec14 retary determines such to be necessary, as estab15 lished by regulation. 

16 (2) LIABILITY.—A scholarship recipient who, 

17 for any reason, fails to begin or complete the service 

18 obligation under the contractual agreement under 

19 subsection (a)(3) after completion of academic train20 ing, or fails to comply with the terms and conditions 

21 of deferment established by the Secretary under 

22 paragraph (1), shall be in breach of such contractual 

23 agreement and shall be liable to the United States 

24 for an amount equal to— 


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1 (A) the total amount of the scholarship re2 ceived by such recipient under this section; and 

3 (B) the interest on such amounts which 

4 would be payable if at the time the scholarship 

5 was received such scholarship was a loan bear6 ing interest at the maximum legally prevailing 

7 rate. 

8 (h) REGULATIONS.—The Secretary shall prescribe 

9 regulations necessary to carry out this section. 

10 (i) INSTITUTION OF HIGHER EDUCATION DE11 FINED.—In this section, the term ‘‘institution of higher 

12 education’’ has the meaning given such term under section 

13 101 of the Higher Education Act of 1965 (20 U.S.C. 

14 1001). 

15 (j) AUTHORIZATION OF APPROPRIATIONS.—Of the 

16 amounts authorized to be appropriated under section 101, 

17 such sums as may be necessary are authorized to be ap18 propriated to carry out this section. 

19 SEC. 247. SCIENTIFIC ADVISORY COMMITTEE. 

20 (a) ESTABLISHMENT.— 

21 (1) IN GENERAL.—The President may establish 

22 a Scientific Advisory Committee (in this section re23 ferred to as the ‘‘Committee’’) of not to exceed ten 

24 members, not fewer than eight of whom shall be sci25 entists. 


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1 (2) APPOINTMENT.—If the Committee is estab2 lished in accordance with paragraph (1), the mem3 bers of the Committee shall be appointed by the 

4 President, as follows: 

5 (A) One member, who shall be a person of 

6 special scientific distinction, shall be appointed 

7 by the President, by and with the advice and 

8 consent of the Senate, as Chairman of the Com9 mittee. 

10 (B) Nine other members shall be appointed 

11 by the President. 

12 (3) MEETINGS.—If the Committee is estab13 lished in accordance with paragraph (1), the Com14 mittee shall meet not less often than twice per year. 

15 (b) FUNCTION.—If the Committee is established in 

16 accordance with subsection (a)(1), the Committee shall ad17 vise the President, the Secretary of State, and the Under18 secretary for Arms Control and International Security re19 garding scientific, technical, and policy matters affecting 

20 arms control and nonproliferation. 

21 (c) REIMBURSEMENT OF EXPENSES.—If the Com22 mittee is established in accordance with subsection (a)(1), 

23 the members of the Committee may receive reimbursement 

24 of expenses only in accordance with the provisions applica25 ble to the reimbursement of experts and consultants under 


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1 section 401(d) of the Arms Control and Disarmament Act 

2 (Public Law 87–297; 22 U.S.C. 2581(d)). 

3 (d) SCIENTIST DEFINED.—In this section, the term 

4 ‘‘scientist’’ means an individual who has a demonstrated 

5 knowledge and technical expertise with respect to arms 

6 control, nonproliferation, and disarmament matters and 

7 who has distinguished himself or herself in any of the 

8 fields of physics, chemistry, mathematics, biology, or engi9 neering, including weapons engineering. 

10 TITLE III—ORGANIZATION AND 

11 PERSONNEL AUTHORITIES 

12 Subtitle A—Towards Modernizing 

13 the Department of State 

14 SEC. 301. TOWARDS A MORE MODERN AND EXPEDITIONARY 

15 FOREIGN SERVICE. 

16 (a) TARGETED EXPANSION OF FOREIGN SERVICE.— 

17 The Secretary of State shall expand the Foreign Service 

18 to— 

19 (1) fill vacancies, particularly those vacancies 

20 overseas that are critical to key United States for21 eign policy and national security interests, and, in 

22 particular, to prevent crises before they emerge; 

23 (2) increase the capacity of the Department of 

24 State to assign and deploy Foreign Service officers 

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1 spond to international crises and instability in for2 eign countries that threaten key United States for3 eign policy and national security interests; and 

4 (3) ensure that before being assigned to assign5 ments requiring new or improved skills, members of 

6 the Foreign Service, other than foreign national em7 ployees and consular agents (as such terms are de8 fined in section 103 of the Foreign Service Act of 

9 1980 (22 U.S.C. 3903)), as appropriate, receive lan10 guage, security, area, and other training that is nec11 essary to successfully execute their responsibilities 

12 and to enable such members to obtain advanced and 

13 other education that will increase the capacity of the 

14 Foreign Service to complete its mission. 

15 (b) AUTHORIZED INCREASES.— 

16 (1) AT THE DEPARTMENT OF STATE.—The 

17 Secretary of State is authorized to hire an additional 

18 750 members of the Foreign Service (above attri19 tion) in fiscal year 2010 over the number of such 

20 members employed as of September 30, 2009, and 

21 an additional 750 members of the Foreign Service 

22 (above attrition) in fiscal year 2011 over the number 

23 of such members employed as of September 30, 

24 2010. 


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1 (2) AT USAID.—The Administrator of the 

2 United States Agency for International Development 

3 is authorized to hire an additional 350 members of 

4 the Foreign Service (above attrition) in fiscal year 

5 2010 over the number of such members employed as 

6 of September 30, 2009, and an additional 350 mem7 bers of the Foreign Service (above attrition) in fiscal 

8 year 2011 over the number of such members em9 ployed as of September 30, 2010. 

10 (3) RULE OF CONSTRUCTION.—Nothing in this 

11 subsection shall be construed as limiting the author12 ity of the Secretary of State or the Administrator of 

13 the United States Agency for International Develop14 ment to hire personnel. 

15 (c) EXPANSION OF FUNCTIONS OF THE FOREIGN

16 SERVICE.—Section 104 of the Foreign Service Act of 

17 1980 (22 U.S.C. 3904) is amended— 

18 (1) by redesignating paragraphs (2) and (3) as 

19 paragraphs (3) and (4), respectively; and 

20 (2) by inserting after paragraph (1) the fol21 lowing new paragraph: 

22 ‘‘(2) work actively to prevent, mitigate, and re23 spond in a timely manner to international crises and 

24 instability in foreign countries that threaten the key 


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1 United States foreign policy and national security 

2 interests;’’. 

3 (d) WORLDWIDE AVAILABILITY.—Section 301(b) of 

4 the Foreign Service Act of 1980 (22 U.S.C. 3941(b)) is 

5 amended— 

6 (1) by inserting ‘‘(1)’’ before ‘‘The Secretary’’; 

7 and 

8 (2) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2)(A) Except as provided in subparagraphs (B) 

11 and (C), at the time of entry into the Service, each mem12 ber of the Service shall be available to be assigned world13 wide. 

14 ‘‘(B) With respect to the medical eligibility of any ap15 plicant for appointment as a Foreign Service officer can16 didate, the Secretary of State shall determine such avail17 ability through appropriate medical examinations. If based 

18 on such examinations the Secretary determines that such 

19 applicant is ineligible to be assigned worldwide, the Sec20 retary may waive the worldwide availability requirement 

21 under subparagraph (A) if the Secretary determines that 

22 such waiver is required to fulfill a compelling Service need. 

23 The Secretary shall establish an internal administrative 

24 review process for medical ineligibility determinations. 


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1 ‘‘(C) The Secretary may also waive or reduce the 

2 worldwide availability requirement under subparagraph 

3 (A) if the Secretary determines, in the Secretary’s discre4 tion, that such waiver or reduction is warranted.’’. 

5 (e) RECRUITING CANDIDATES WHO HAVE EXPERI6 ENCE IN UNSTABLE SITUATIONS.—Section 301 of the 

7 Foreign Service Act of 1980 (22 U.S.C. 3941), as amend8 ed by section 212(c) of this division, is further amended 

9 by adding at the end the following new subsection: 

10 ‘‘(f) EXPERIENCE IN UNSTABLE SITUATIONS.—The 

11 fact that an applicant for appointment as a Foreign Serv12 ice officer candidate has the experience of working in situ13 ations where public order has been undermined by insta14 bility, or where there is no civil authority that can effec15 tively provide public safety, may be considered an affirma16 tive factor in making such appointments.’’. 

17 (f) TRAINING.—Section 708 of the Foreign Service 

18 Act of 1980 (22 U.S.C. 4028) is amended by adding at 

19 the end the following new subsections: 

20 ‘‘(c) The Secretary of State shall ensure that mem21 bers of the Service, other than foreign national employees 

22 and consular agents, as appropriate, receive training on 

23 methods for conflict mitigation and resolution and on the 

24 necessary skills to be able to function successfully where 

25 public order has been undermined by instability or where 


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1 there is no civil authority that can effectively provide pub2 lic safety. 

3 ‘‘(d) The Secretary of State shall ensure that mem4 bers of the Service, other than foreign national employees 

5 and consular agents, as appropriate, have opportunities 

6 during their careers to obtain advanced education and 

7 training in academic and other relevant institutions in the 

8 United States and abroad to increase the capacity of the 

9 Service to fulfill its mission.’’. 

10 SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DE11 VELOPMENT. 

12 (a) DEVELOPMENT OF NATIONAL STRATEGY ON DI13 PLOMACY AND DEVELOPMENT.— 

14 (1) IN GENERAL.—Not later than December 1, 

15 2010, the President shall develop and transmit to 

16 the appropriate congressional committees a national 

17 strategy on United States diplomacy and develop18 ment. The strategy shall include the following: 

19 (A) An identification of key objectives and 

20 missions for United States foreign policy and 

21 foreign assistance policies and programs, in22 cluding a clear statement on United States ob23 jectives for development assistance. 

24 (B) A description of the roles of civilian 

25 agencies and mechanisms for implementing 


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1 such strategy, including interagency coordina2 tion. 

3 (C) The requirements for overseas infra4 structure necessary to carry out such strategy. 

5 (D) Plans to adapt such agencies and 

6 mechanisms to changing circumstances and the 

7 role of international institutions in such strat8 egy. 

9 (E) Budget requirements to carry out such 

10 strategy. 

11 (F) Other elements of United States for12 eign policy and foreign assistance policies and 

13 programs with a view toward determining and 

14 expressing the strategy of the United States 

15 and establishing a diplomacy and development 

16 program for the next 10 years. 

17 (2) RELATIONSHIP TO NATIONAL SECURITY

18 STRATEGY.—The strategy described in paragraph 

19 (1) shall be consistent with any National Security 

20 Strategy prescribed by the President pursuant to 

21 section 108 of the National Security Act of 1947 

22 (50 U.S.C. 404a) that has been issued after the date 

23 of the enactment of this Act. 

24 (b) REVIEW REQUIRED.— 


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1 (1) IN GENERAL.—Beginning in 2013, the 

2 President shall every 4 years, during a year fol3 lowing a year evenly divisible by four, conduct a 

4 comprehensive examination (to be known as a 

5 ‘‘Quadrennial Review of Diplomacy and Develop6 ment’’) of the national strategy for United States di7 plomacy and development described in subsection 

8 (a). 

9 (2) KEY ELEMENTS OF REVIEW.—The review 

10 described in paragraph (1) shall include the fol11 lowing: 

12 (A) A review of all elements of the strategy 

13 described in subsection (a), consistent with the 

14 most recent National Security Strategy pre15 scribed by the President pursuant to section 

16 108 of the National Security Act of 1947 (50 

17 U.S.C. 404a) that has been issued after the 

18 date of the enactment of this Act. 

19 (B) A review of the roles and responsibil20 ities of Federal departments and agencies in 

21 carrying out the strategy described in sub22 section (a) and the mechanisms for cooperation 

23 between such departments and agencies, includ24 ing the coordination of such departments and 

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1 cipal offices of such departments and agencies 

2 and offices defining sufficient capacity, re3 sources, overseas infrastructure, budget plan, 

4 and other elements of United States diplomacy 

5 and development of the United States that 

6 would be required to have a high level of con7 fidence that the United States can successfully 

8 execute the full range of missions called for in 

9 such strategy. 

10 (C) Identifying the budget plan that would 

11 be required to provide sufficient resources to 

12 execute successfully the full range of missions 

13 called for in the strategy described in sub14 section (a) at a high level of success and any 

15 additional resources required to achieve such a 

16 level of success. 

17 (D) Making recommendations that are not 

18 constrained to comply with the budget sub19 mitted to Congress by the President pursuant 

20 to section 1105(a) of title 31, United States 

21 Code. 

22 (3) INTERAGENCY COORDINATION AND CON23 SULTATION.— 

24 (A) IN GENERAL.—Each Quadrennial Re25 view of Diplomacy and Development shall take 


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1 into account the views of the Secretary of State, 

2 the Administrator of the United States Agency 

3 for International Development, the Secretary of 

4 Defense, the Secretary of the Treasury, the 

5 United States Trade Representative, and the 

6 head of any other relevant agency. 

7 (B) DELEGATION.—If the President dele8 gates the requirements of this section, the head 

9 of the Federal department or agency to whom 

10 such delegation is made shall consult with each 

11 official specified in subparagraph (A). 

12 (c) CONSULTATION WITH OUTSIDE STAKE13 HOLDERS.—In developing the strategy required under 

14 subsection (a) and conducting the review required under 

15 subsection (b), the President shall consult with private 

16 businesses, non-governmental organizations involved in di17 plomacy and development, and experts at academic insti18 tutions or institutions involved in the study of foreign pol19 icy or development matters. 

20 (d) QRDD AND CONGRESSIONAL COMMITTEES.— 

21 (1) CONSULTATION.—In developing the strat22 egy required under subsection (a) and conducting 

23 the review required under subsection (b), the Presi24 dent shall consult with the appropriate congressional 

25 committees. 


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1 (2) REPORT.—The President shall transmit to 

2 the appropriate congressional committees a report 

3 on each Quadrennial Review of Diplomacy and De4 velopment. The report shall be submitted in the year 

5 following the year in which such a Quadrennial Re6 view is conducted, but not later than the date on 

7 which the President submits the budget for the next 

8 fiscal year to Congress under section 1105(a) of title 

9 31, United States Code. The report shall include the 

10 following: 

11 (A) The results of such a Quadrennial Re12 view, including a comprehensive discussion of 

13 the national strategy for United States foreign 

14 policy and foreign assistance policies and pro15 grams, the roles and responsibilities of and 

16 strategic guidance for civilian agencies and 

17 mechanisms in implementing such strategy, the 

18 requirements for overseas infrastructure nec19 essary to carry out such strategy, plans to 

20 adapt such agencies and mechanisms to chang21 ing circumstances, and the role of international 

22 institutions in such strategy. 

23 (B) The assumed or defined objectives and 

24 missions that inform the national strategy for 


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1 United States foreign policy and foreign assist2 ance policies and programs. 

3 (C) The threats to the assumed or defined 

4 objectives and missions of the United States 

5 that were examined for the purposes of such a 

6 Quadrennial Review. 

7 (D) The assumptions used in such a Quad8 rennial Review, including assumptions relating 

9 to— 

10 (i) the capacity of United States dip11 lomatic and development personnel to re12 spond to such threats; 

13 (ii) the cooperation and capacity of al14 lies, other friendly countries, and inter15 national institutions in addressing such 

16 threats; 

17 (iii) levels of engagement in oper18 ations other than war and smaller-scale 

19 contingencies and withdrawal from such 

20 operations and contingencies; and 

21 (iv) the intensity, duration, and mili22 tary and political end-states of conflicts 

23 and smaller-scale contingencies that arise 

24 in the diplomatic and development context. 


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1 (E) The anticipated roles and missions of 

2 the reserve components available to civilian 

3 agencies, including capabilities and resources 

4 necessary to assure that such reserve compo5 nents can capably discharge such roles and mis6 sions. 

7 (F) The extent to which diplomatic and de8 velopment personnel need to be shifted to dif9 ferent regions to carry out the national strategy 

10 under subsection (a). 

11 (G) Any other matter the Secretary con12 siders appropriate. 

13 (e) INDEPENDENT PANEL ASSESSMENT.— 

14 (1) IN GENERAL.—Not later than 6 months be15 fore the date on which the report on a Quadrennial 

16 Review of Diplomacy and Development is to be 

17 transmitted under subsection (d), the President shall 

18 establish a panel to conduct an assessment of such 

19 a Quadrennial Review. 

20 (2) REPORT ON ASSESSMENT.—Not later than 

21 3 months after the date on which the report on such 

22 a Quadrennial Review is transmitted under sub23 section (d), the panel established under paragraph 

24 (1) shall submit to the appropriate congressional 

25 committees an assessment of such a Quadrennial 


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1 Review, including an assessment of the recommenda2 tions of such a Quadrennial Review, the stated and 

3 implied assumptions incorporated in such a Quad4 rennial Review, and the vulnerabilities of the strat5 egy underlying such a Quadrennial Review. 

6 (f) EXCLUSION.—Any provision in this section relat7 ing to budgets or budget plans shall not be construed to 

8 require any information on any program that is funded 

9 from accounts within budget function 050 (National De10 fense). 

11 SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED 

12 CENTER. 

13 (a) ESTABLISHMENT.—The Secretary of State, in 

14 consultation with the Administrator of the United States 

15 Agency for International Development (USAID), is au16 thorized to establish in the Department of State and under 

17 the authority of the Undersecretary for Management a 

18 Lessons Learned Center (referred to in this section as the 

19 ‘‘LLC’’) which will serve as a central organization for col20 lection, analysis, archiving, and dissemination of observa21 tions, best practices, and lessons learned by, from, and 

22 to Foreign Service officers and support personnel in the 

23 Department of State and USAID. 

24 (b) PURPOSE.—The purpose of the LLC is to in25 crease, enhance, and sustain the ability of the Department 


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1 of State and USAID to effectively carry out their missions 

2 by devising a system for the collection, analysis, archiving, 

3 and dissemination of lessons learned, improving informa4 tion sharing and learning capacity, and enabling, encour5 aging, and rewarding critical, innovative analysis. 

6 (c) REPORT.—Not later than 180 days after the date 

7 of the enactment of this Act, the Secretary of State shall 

8 submit to the appropriate congressional committees a re9 port on the status of efforts to establish the LLC. The 

10 report shall include recommendations— 

11 (1) concerning the regulation and structure of 

12 the LLC, including— 

13 (A) how to encourage service in the LLC; 

14 (B) how to provide for the necessary aca15 demic freedom to provide innovative, critical 

16 analysis; 

17 (C) how to ensure that the staffing of the 

18 LLC is a mix of senior and junior staff of the 

19 Foreign Service and civil service in the Depart20 ment of State and USAID; 

21 (D) the anticipated expenditures associated 

22 with the establishment of the LLC under sub23 section (a); and 

24 (E) physical structure of the LLC; and 


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1 (2) for any legislation necessary to establish the 

2 LLC. 

3 (d) DEFINITIONS.—In this section: 

4 (1) ACADEMIC FREEDOM.—The term ‘‘academic 

5 freedom’’ means the capability, capacity, and au6 thorization to produce analysis and evaluation with7 out concern for retaliation or other negative impact 

8 on the observer’s career. 

9 (2) LESSONS LEARNED.—The term ‘‘lessons 

10 learned’’ means information resulting from evalua11 tion or observation of negotiations, operations, exer12 cises, training events, or other processes and experi13 ences, particularly any corrective measures or inno14 vative techniques, that produced an improved per15 formance or increased capability. 

16 SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) United States diplomatic and consular mis19 sions worldwide retain over 51,000 locally employed 

20 staff under local compensation plans (LCP’s) in 

21 about 170 overseas missions. 

22 (2) The locally employed staff is the backbone 

23 of diplomatic operations, providing management, 

24 programmatic, security, maintenance, custodial, and 


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1 other services wherever the Department of State has 

2 established an overseas post. 

3 (3) Foreign Service and other United States of4 ficers who rotate in-and-out of such missions every 

5 2 to 3 years are highly dependent on the local em6 ployees to bring them up to speed and make sure 

7 that the work of any such mission does not falter in 

8 transitions during rotations. 

9 (4) As the number of positions at such missions 

10 designated for United States officers that are not 

11 filled continues to increase, locally employed staff 

12 are called upon to assume many of the responsibil13 ities that United States staff have carried in the 

14 past. 

15 (5) Based on a survey conducted by the Office 

16 of the Inspector General (OIG) Department of 

17 State, the United States is failing to provide a com18 petitive compensation package for locally employed 

19 staff that is commensurate with their experience, 

20 technical skills, and responsibilities. 

21 (6) The Department of State OIG survey data 

22 show that the United States Government is pro23 viding salary increases that are approximately 60 

24 percent of what is the prevailing practice of the local 

25 labor market. 


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1 (7) The Department of State OIG has found 

2 numerous cases in which such missions are losing 

3 staff to other employers. The OIG has also found 

4 numerous cases where it is difficult to replace em5 ployees who left to take other jobs, particularly in 

6 countries with low unemployment rates. 

7 (b) POLICY REVIEW.—The Secretary of State shall 

8 direct a policy review to assess the adequacy of locally em9 ployed staff compensation. In carrying out such policy re10 view the Secretary shall consider the recommendations of 

11 the Office of the Inspector General of the Department of 

12 State, including the following: 

13 (1) The Bureau of Human Resources, in co14 ordination with the Office of Management, Policy, 

15 Rightsizing and Innovation, should hire an outside 

16 contractor with international experience to perform 

17 an organizational review of the Compensation Man18 agement Division of the Office of Overseas Employ19 ment to advise on the organization of the compensa20 tion management division and on how many analysts 

21 are required to handle the compensation manage22 ment responsibilities, and to recommend training 

23 and certifications the analysts should obtain. 

24 (2) The Office of Management, Policy, 

25 Rightsizing and Innovation, in coordination with the 


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1 Bureau of Human Resources and the Bureau of Re2 source Management, should ensure that the working 

3 group on locally employed staff compensation re4 views the connectivity between the activities of the 

5 Office of Overseas Employment and the Office of 

6 State Programs, Operations and Budget in the Bu7 reau of Resource Management, and makes and dis8 tributes written, documented determinations as to 

9 the data used by the two offices to make estimates 

10 of locally employed staff compensation adjustments, 

11 the timing of these activities, and the responsibility 

12 each office has for tracking implementation of locally 

13 employed staff compensation adjustments. 

14 (3) The Bureau of Human Resources, in co15 ordination with the Office of Management, Policy, 

16 Rightsizing and Innovation, should implement a lo17 cally employed staff compensation review process 

18 whereby the Office of Overseas Employment in the 

19 Bureau of Human Resources reviews and adjust 

20 each post’s salary schedule every 5 years based on 

21 a recent salary survey. During the intervening years, 

22 the Department should authorize cost-of-living (or 

23 inflation) adjustments based on reliable inflation 

24 data. 


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1 (4) The Bureau of Human Resources, in co2 ordination with the Office of Management, Policy, 

3 Rightsizing and Innovation, should implement a sys4 tematic process of providing comprehensive informa5 tion to diplomatic and consular missions, Depart6 ment of State offices, and agency headquarters on 

7 periodic salary survey reviews, including comprehen8 sible salary survey analysis, explanations of salary 

9 survey changes, and if appropriate, copies of the off10 the-shelf surveys for the host country. This approach 

11 should be documented and made a part of the peri12 odic process. 

13 (5) The Bureau of Human Resources, in co14 ordination with the Office of Management, Policy, 

15 Rightsizing and Innovation, the regional bureaus, 

16 and the Bureau of Resource Management, should es17 tablish, maintain, and monitor a database that 

18 tracks information related to locally employed staff 

19 compensation and adjustments, including budgetary 

20 resources, salary level ceilings calculated by the Of21 fice of Overseas Employment, salary levels requested 

22 by post, salary levels implemented, dates for these 

23 activities, and calculations of whether the Depart24 ment is meeting prevailing practice. This database 


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1 should replace the current practice of commu2 nicating salary review information by cable. 

3 (6) The Bureau of Human Resources, in co4 ordination with the Office of Management, Policy, 

5 Rightsizing and Innovation, should evaluate the pos6 sibility of using different pay setting data estab7 lishing different pay scales for blue-collar positions 

8 and for professional level positions, and should issue 

9 and distribute a written report on the findings and 

10 the possibility of implementing the findings. 

11 (7) The Office of Management, Policy, 

12 Rightsizing and Innovation should ensure that the 

13 working group on locally employed staff compensa14 tion considers the possibility of including members 

15 from other United States Government agencies that 

16 employ locally employed staff. Whether this rec17 ommendation is implemented or not, the Office of 

18 Management, Policy, Rightsizing and Innovation 

19 should document the decision in writing, and dis20 tribute the decision widely in the Department of 

21 State and to other agencies that employ locally em22 ployed staff. 

23 (8) The Office of Management, Policy, 

24 Rightsizing and Innovation should ensure that the 

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1 tion considers the possibility of centralizing decision 

2 making for locally employed staff salary increases, 

3 and, whether such is eventually implemented or not, 

4 make a determination as to its value, document the 

5 decision in writing, and distribute the decision wide6 ly in the Department of State. 

7 (9) The Bureau of Human Resources, in co8 operation with Resource Management International 

9 Cooperative Administrative Support Services, should 

10 establish a senior level interagency locally employed 

11 staff board of governors to set overall locally em12 ployed staff policy. 

13 (10) The Bureau of Human Resources should 

14 send the cable announcing the proposed salary in15 creases for locally employed staff to the attention of 

16 both the chief of mission and the management offi17 cer. 

18 (11) The Bureau of Human Resources should 

19 request a list of position titles and grades from all 

20 positions with exception rate ranges and details on 

21 the exception rate range adjustments in the 2010 

22 Locally Employed Staff Compensation Question23 naire. 

24 (c) REPORT.—Not later than 90 days after the date 

25 of the enactment of this Act, the Secretary of State shall 


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1 submit to the appropriate committees a report on the im2 plementation of this section, including a review of efforts 

3 to implement the recommendations of the Office of the 

4 Inspector General of the Department of State specified in 

5 subsection (b). 

6 SEC. 305. INCREASING THE CAPACITY OF THE DEPART7 MENT OF STATE TO RESPOND TO CRISES. 

8 Paragraph (5) of section 1603 of the Reconstruction 

9 and Stabilization Civilian Management Act of 2008 (title 

10 XVI of Public Law 110–417) is amended to read as fol11 lows: 

12 ‘‘(5) PERSONNEL DEFINED.—The term ‘per13 sonnel’ means— 

14 ‘‘(A) individuals serving in any service de15 scribed in section 2101 of title 5, United States 

16 Code, other than in the legislative or judicial 

17 branch; 

18 ‘‘(B) individuals employed by personal 

19 services contract, including those employed pur20 suant to section 2(c) of the State Department 

21 Basic Authorities Act of 1956 (22 U.S.C. 

22 2669(c)) and section 636(a)(3) of the Foreign 

23 Assistance Act of 1961 (22 U.S.C. 2396(a)(3)); 

24 and 


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1 ‘‘(C) individuals appointed under section 

2 303 of the Foreign Service Act of 1980 (22 

3 U.S.C. 3943).’’. 

4 Subtitle B—Foreign Service Pay 

5 Equity and Death Gratuity 

6 SEC. 311. SHORT TITLE. 

7 This subtitle may be cited as the ‘‘Foreign Service 

8 Overseas Pay Equity Act of 2009’’. 

9 SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

10 (a) OVERSEAS COMPARABILITY PAY ADJUSTMENT.— 

11 (1) IN GENERAL.—Chapter 4 of title I of the 

12 Foreign Service Act of 1980 (22 U.S.C. 3961 and 

13 following) is amended by adding at the end the fol14 lowing: 

15 ‘‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT. 

16 ‘‘(a) IN GENERAL.—A member of the Service who is 

17 designated class 1 or below for purposes of section 403 

18 and whose official duty station is neither in the continental 

19 United States nor in a non-foreign area shall receive, in 

20 accordance with the phase-in schedule set forth in sub21 section (c), a locality-based comparability payment (stated 

22 as a percentage) equal to the locality-based comparability 

23 payment (stated as a percentage) that would be provided 

24 under section 5304 of title 5, United States Code, if such 


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1 member’s official duty station were in the District of Co2 lumbia. 

3 ‘‘(b) TREATMENT AS BASIC PAY.—The amount of 

4 any locality-based comparability payment which is payable 

5 to a member of the Service by virtue of this section— 

6 ‘‘(1) shall be considered to be part of the basic 

7 pay of such member— 

8 ‘‘(A) for the same purposes as provided for 

9 under section 5304(c)(2)(A) of title 5, United 

10 States Code; and 

11 ‘‘(B) for purposes of chapter 8; and 

12 ‘‘(2) shall be subject to any limitations on pay 

13 applicable to locality-based comparability payments 

14 under section 5304 of title 5, United States Code. 

15 ‘‘(c) PHASE-IN.—The locality-based comparability 

16 payment payable to a member of the Service under this 

17 section shall— 

18 ‘‘(1) beginning on the first day of the first pay 

19 period that is 90 days after the date of the enact20 ment of this subsection, be up to 33.33 percent of 

21 the payment which would otherwise apply under sub22 section (a); 

23 ‘‘(2) beginning on the first day of the first pay 

24 period in April 2010, be up to 66.67 percent of the 


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1 payment which would otherwise apply under sub2 section (a); and 

3 ‘‘(3) beginning on the first day of the first pay 

4 period in fiscal year 2011 and each subsequent fiscal 

5 year, be equal to the payment determined under sub6 section (a). 

7 ‘‘(d) NON-FOREIGN AREA DEFINED.—For purposes 

8 of this section, the term ‘non-foreign area’ has the same 

9 meaning as is given such term in regulations carrying out 

10 section 5941 of title 5, United States Code.’’. 

11 (2) CONFORMING AMENDMENT.—The table of 

12 contents set forth in section 2 of such Act is amend13 ed by inserting after the item relating to section 414 

14 the following: 

‘‘Sec. 415. Overseas comparability pay adjustment.’’. 

15 (b) CONFORMING AMENDMENTS RELATING TO THE

16 FOREIGN SERVICE RETIREMENT SYSTEMS.— 

17 (1) CONTRIBUTIONS TO THE FUND.—Effective 

18 as of the first pay period beginning on or after Octo19 ber 1, 2010, section 805(a) of the Foreign Service 

20 Act of 1980 (22 U.S.C. 4045(a)) is amended— 

21 (A) in paragraph (1)— 

22 (i) in the first sentence, by striking 

23 ‘‘7.25 percent’’ and inserting ‘‘7 percent’’; 

24 and 


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1 (ii) in the second sentence, by striking 

2 ‘‘The contribution by the employing agen3 cy’’ through ‘‘and shall be made’’ and in4 serting ‘‘An equal amount shall be contrib5 uted by the employing agency’’; 

6 (B) in paragraph (2)— 

7 (i) in subparagraph (A), by striking ‘‘, 

8 plus an amount equal to .25 percent of 

9 basic pay’’; and 

10 (ii) in subparagraph (B), by striking 

11 ‘‘, plus an amount equal to .25 percent of 

12 basic pay’’; and 

13 (C) in paragraph (3), by striking all that 

14 follows ‘‘Code’’ and inserting a period. 

15 (2) COMPUTATION OF ANNUITIES.—Section 

16 806(a)(9) of such Act (22 U.S.C. 4046(a)(9)) is 

17 amended by striking ‘‘is outside the continental 

18 United States shall’’ and inserting ‘‘was outside the 

19 continental United States during the period begin20 ning on December 29, 2002, and ending on the day 

21 before the first day of the first pay period beginning 

22 on or after October 1, 2011 (or during any portion 

23 thereof), shall, to the extent that such computation 

24 is based on the basic salary or basic pay of such 

25 member for such period (or portion thereof),’’. 


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1 (3) ENTITLEMENT TO ANNUITY.—Section 

2 855(a)(3) of such Act (22 U.S.C. 4071d(a)(3)) is 

3 amended— 

4 (A) by striking ‘‘section 8414’’ and insert5 ing ‘‘section 8415’’; and 

6 (B) by striking ‘‘is outside the continental 

7 United States shall’’ and inserting ‘‘was outside 

8 the continental United States during the period 

9 beginning on December 29, 2002, and ending 

10 on the day before the first day of the first pay 

11 period beginning on or after October 1, 2011 

12 (or during any portion thereof), shall, to the ex13 tent that such computation is based on the 

14 basic salary or basic pay of such member for 

15 such period (or portion thereof),’’. 

16 (4) DEDUCTIONS AND WITHHOLDINGS FROM

17 PAY.—Section 856(a)(2) of such Act (22 U.S.C. 

18 4071e(a)(2)) is amended to read as follows: 

19 ‘‘(2) The applicable percentage under this sub20 section shall be as follows: 

‘‘Percentage Time Period 

7.5 .......................................................................... Before January 1, 

1999. 

7.75 ........................................................................ January 1, 1999, to 

December 31, 1999. 

7.9 .......................................................................... January 1, 2000, to 

December 31, 2000. 


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7.55 ........................................................................ January 11, 2003, to 

the day before the 

first day of the first 

pay period beginning on or after October 1, 2011. 

7.5 .......................................................................... Beginning on the first 

day of the first pay 

period beginning on 

or after October 1, 

2011.’’. 

1 (c) REPORTING REQUIREMENTS.—Not later than Oc2 tober 1, 2010, the Secretary of State shall submit to the 

3 appropriate congressional committees an assessment of all 

4 allowances provided to members of the Foreign Service 

5 under the Foreign Service Act of 1980 or under title 5, 

6 United States Code, and in particular, how such allow7 ances have been or will be affected by the amendments 

8 to the Foreign Service Act of 1980 made by this Act. 

9 SEC. 313. DEATH GRATUITY. 

10 The first sentence of section 413(a) of the Foreign 

11 Service Act of 1980 (22 U.S.C. 3973(a)) is amended by 

12 striking ‘‘at the time of death’’ and inserting ‘‘at level II 

13 of the Executive Schedule under section 5313 of title 5, 

14 United States Code, at the time of death, except that for 

15 employees compensated under local compensation plans 

16 established under section 408, the amount shall be equal 

17 to the greater of 1 year’s salary at the time of death or 

18 1 year’s salary at the highest step of the highest grade 

19 on the local compensation plan from which the employee 

20 was being paid at the time of death’’. 


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1 Subtitle C—Other Organization 

2 and Personnel Matters 

3 SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PRO4 GRAM. 

5 (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title 

6 I of the Foreign Service Act of 1980 (22 U.S.C. 3981 

7 et seq.) is amended by adding at the end the following 

8 new section: 

9 ‘‘SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP 

10 PROGRAM. 

11 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

12 establish the Transatlantic Diplomatic Fellowship Pro13 gram. Under the program, the Secretary may assign a 

14 member of the Service, for not more than 1 year, to a 

15 position with any designated country or designated entity 

16 that permits an employee to be assigned to a position with 

17 the Department. 

18 ‘‘(b) SALARY AND BENEFITS.—The salary and bene19 fits of a member of the Service shall be paid as described 

20 in subsection (b) of section 503 during a period in which 

21 such member is participating in the Transatlantic Diplo22 matic Fellowship Program. The salary and benefits of an 

23 employee of a designated country or designated entity par24 ticipating in such program shall be paid by such country 


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1 or entity during the period in which such employee is par2 ticipating in the program. 

3 ‘‘(c) DEFINITIONS.—In this section: 

4 ‘‘(1) The term ‘designated country’ means a 

5 member country of— 

6 ‘‘(A) the North Atlantic Treaty Organiza7 tion; or 

8 ‘‘(B) the European Union. 

9 ‘‘(2) The term ‘designated entity’ means— 

10 ‘‘(A) the North Atlantic Treaty Organiza11 tion; or 

12 ‘‘(B) the European Union. 

13 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to— 

15 ‘‘(1) authorize the appointment as an officer or 

16 employee of the United States of— 

17 ‘‘(A) an individual whose allegiance is to 

18 any country, government, or foreign or inter19 national entity other than to the United States; 

20 or 

21 ‘‘(B) an individual who has not met the re22 quirements of sections 3331, 3332, 3333, and 

23 7311 of title 5, United States Code, and any 

24 other provision of law concerning eligibility for 

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1 ment as, an officer or employee of the United 

2 States; or 

3 ‘‘(2) authorize the Secretary to assign a mem4 ber of the Service to a position with any foreign 

5 country whose laws, or foreign or international enti6 ty whose rules, require such member to give alle7 giance or loyalty to such country or entity while as8 signed to such position.’’. 

9 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

10 The Foreign Service Act of 1980 is amended— 

11 (1) in section 503 (22 U.S.C. 3983)— 

12 (A) in the section heading, by striking 

13 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN14 MENTS, OR’’; and 

15 (B) in subsection (a)(1), by inserting be16 fore the semicolon at the end the following: ‘‘, 

17 or with a foreign government under sections 

18 506 or 507’’; and 

19 (2) in section 2, in the table of contents— 

20 (A) by striking the item relating to section 

21 503 and inserting the following new item: 

‘‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’’; 

22 and 


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1 (B) by adding after the item relating to 

2 section 505 the following new item: 

‘‘Sec. 506. Transatlantic diplomatic fellowship program.’’. 

3 SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM. 

4 (a) IN GENERAL.—Chapter 5 of title I of the Foreign 

5 Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended 

6 by adding after section 506 (as added by section 321(a) 

7 of this division) the following new section: 

8 ‘‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM. 

9 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

10 establish the Security Officers Exchange Program. Under 

11 the program, the Secretary may assign a member of the 

12 Service, for not more than a total of 3 years, to a position 

13 with any country or international organization designated 

14 by the Secretary pursuant to subsection (c) that permits 

15 an employee to be assigned to a position with the Depart16 ment. 

17 ‘‘(b) SALARY AND BENEFITS.—The salary and bene18 fits of the members of the Service shall be paid as de19 scribed in subsection (b) of section 503 during a period 

20 in which such officer is participating in the Security Offi21 cers Exchange Program. The salary and benefits of an em22 ployee of a designated country or international organiza23 tion participating in such program shall be paid by such 

24 country or international organization during the period in 

25 which such employee is participating in the program. 


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1 ‘‘(c) DESIGNATION.—The Secretary may designate a 

2 country or international organization to participate in this 

3 program if the Secretary determines that such participa4 tion is in the national security interests of the United 

5 States. 

6 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec7 tion shall be construed to— 

8 ‘‘(1) authorize the appointment as an officer or 

9 employee of the United States of— 

10 ‘‘(A) an individual whose allegiance is to 

11 any country, government, or foreign or inter12 national entity other than to the United States; 

13 or 

14 ‘‘(B) an individual who has not met the re15 quirements of sections 3331, 3332, 3333, and 

16 7311 of title 5, United States Code, and any 

17 other provision of law concerning eligibility for 

18 appointment as, and continuation of employ19 ment as, an officer or employee of the United 

20 States; or 

21 ‘‘(2) authorize the Secretary to assign a mem22 ber of the Service to a position with any foreign 

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1 giance or loyalty to such country or entity while as2 signed to such position.’’. 

3 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

4 Section 2 of the Foreign Service Act of 1980 is amended, 

5 in the table of contents, by adding after the item relating 

6 to section 506 (as added by section 321(b)(2)(B) of this 

7 Act) the following new item: 

‘‘Sec. 507. Security officers exchange program.’’. 

8 SEC. 323. SUSPENSION OF FOREIGN SERVICE MEMBERS 

9 WITHOUT PAY. 

10 (a) SUSPENSION.—Section 610 of the Foreign Serv11 ice Act of 1980 (22 U.S.C. 4010) is amended by adding 

12 at the end the following new subsection: 

13 ‘‘(c)(1) In order to promote the efficiency of the Serv14 ice, the Secretary may suspend a member of the Foreign 

15 Service without pay when the member’s security clearance 

16 is suspended or when there is reasonable cause to believe 

17 that the member has committed a crime for which a sen18 tence of imprisonment may be imposed. 

19 ‘‘(2) Any member of the Foreign Service for whom 

20 a suspension is proposed shall be entitled to— 

21 ‘‘(A) written notice stating the specific reasons 

22 for the proposed suspension; 

23 ‘‘(B) a reasonable time to respond orally and in 

24 writing to the proposed suspension; 


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1 ‘‘(C) representation by an attorney or other 

2 representative; and 

3 ‘‘(D) a final written decision, including the spe4 cific reasons for such decision, as soon as prac5 ticable. 

6 ‘‘(3) Any member suspended under this section may 

7 file a grievance in accordance with the procedures applica8 ble to grievances under chapter 11 of this title. 

9 ‘‘(4) In the case of a grievance filed under paragraph 

10 (3)— 

11 ‘‘(A) the review by the Foreign Service Griev12 ance Board shall be limited to a determination of 

13 whether the provisions of paragraphs (1) and (2) 

14 have been fulfilled; and 

15 ‘‘(B) the Foreign Service Grievance Board may 

16 not exercise the authority provided under section 

17 1106(8). 

18 ‘‘(5) In this subsection: 

19 ‘‘(A) The term ‘reasonable time’ means— 

20 ‘‘(i) with respect to a member of the For21 eign Service assigned to duty in the United 

22 States, 15 days after receiving notice of the 

23 proposed suspension; and 

24 ‘‘(ii) with respect to a member of the For25 eign Service assigned to duty outside the 


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1 United States, 30 days after receiving notice of 

2 the proposed suspension. 

3 ‘‘(B) The term ‘suspend’ or ‘suspension’ means 

4 the placing of a member of the Foreign Service in 

5 a temporary status without duties and pay.’’. 

6 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

7 (1) AMENDMENT OF SECTION HEADING.—Such 

8 section, as amended by subsection (a) of this section, 

9 is further amended, in the section heading, by in10 serting ‘‘; SUSPENSION’’ before the period at the 

11 end. 

12 (2) CLERICAL AMENDMENT.—The item relating 

13 to such section in the table of contents in section 2 

14 of such Act is amended to read as follows: 

‘‘Sec. 610. Separation for cause; suspension.’’. 

15 SEC. 324. REPEAL OF RECERTIFICATION REQUIREMENT 

16 FOR SENIOR FOREIGN SERVICE. 

17 Section 305(d) of the Foreign Service Act of 1980 

18 (22 U.S.C. 3945(d)) is hereby repealed. 

19 SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERV20 ICE. 

21 Section 309 of the Foreign Service Act of 1980 (22 

22 U.S.C. 3949) is amended— 

23 (1) in subsection (a), by striking ‘‘subsection 

24 (b)’’ and inserting ‘‘subsection (b) or (c)’’; 

25 (2) in subsection (b)— 


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1 (A) in paragraph (3)— 

2 (i) by inserting ‘‘(A),’’ after ‘‘if’’; and 

3 (ii) by inserting before the semicolon 

4 at the end the following: ‘‘, or (B), the ca5 reer candidate is serving in the uniformed 

6 services, as defined by the Uniformed Serv7 ices Employment and Reemployment 

8 Rights Act of 1994 (38 U.S.C. 4301 et 

9 seq.), and the limited appointment expires 

10 in the course of such service’’; 

11 (B) in paragraph (4), by striking ‘‘and’’ at 

12 the end; 

13 (C) in paragraph (5), by striking the pe14 riod at the end and inserting ‘‘; and’’; and 

15 (D) by adding after paragraph (5) the fol16 lowing new paragraph: 

17 ‘‘(6) in exceptional circumstances where the Sec18 retary determines the needs of the Service require the ex19 tension of a limited appointment (A), for a period of time 

20 not to exceed 12 months (provided such period of time 

21 does not permit additional review by the boards under sec22 tion 306), or (B), for the minimum time needed to settle 

23 a grievance, claim, or complaint not otherwise provided for 

24 in this section.’’; and 


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1 (3) by adding at the end the following new sub2 section: 

3 ‘‘(c) Non-career Foreign Service employees who have 

4 served five consecutive years under a limited appointment 

5 may be reappointed to a subsequent limited appointment 

6 provided there is a 1 year break in service between each 

7 appointment. The Secretary may in cases of special need 

8 waive the requirement for a 1 year break in service.’’. 

9 SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL. 

10 Section 5550b of title 5, United States Code, is 

11 amended by adding at the end the following new sub12 section: 

13 ‘‘(c) The maximum amount of compensatory time off 

14 earned under this section may not exceed 104 hours dur15 ing any leave year (as defined by regulations established 

16 by the Office of Personnel Management).’’. 

17 SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNU18 ITANTS. 

19 Section 824(g) of the Foreign Service Act of 1980 

20 (22 U.S.C. 4064(g)) is amended— 

21 (1) in paragraph (1)(B), by striking ‘‘to facili22 tate the’’ and all that follows through ‘‘Afghani23 stan,’’; 

24 (2) by striking paragraph (2); and 


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1 (3) by redesignating paragraph (3) as para2 graph (2). 

3 SEC. 328. PERSONAL SERVICES CONTRACTORS. 

4 (a) IN GENERAL.—In addition to other authorities 

5 that may be available, the Secretary of State may establish 

6 a pilot program (in this section referred to as the ‘‘pro7 gram’’) for the purpose of hiring United States citizens 

8 or aliens as personal services contractors, for service in 

9 the United States, or for service both in the United States 

10 and abroad, to respond to new or emerging needs or to 

11 augment current services. 

12 (b) CONDITIONS.—The Secretary is authorized to use 

13 the authority of subsection (a), subject to the following 

14 conditions: 

15 (1) The Secretary determines that existing per16 sonnel resources are insufficient. 

17 (2) The contract length, including options, may 

18 not exceed 2 years, unless the Secretary makes a 

19 finding that exceptional circumstances justify an ex20 tension of up to one additional year. 

21 (3) Not more than a total of 200 United States 

22 citizens or aliens are employed at any one time as 

23 personal services contractors under this section. 


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1 (4) This authority may only be used to obtain 

2 specialized skills or experience or to respond to ur3 gent needs. 

4 (c) STATUS OF PERSONAL SERVICE CONTRAC5 TORS.— 

6 (1) IN GENERAL.—An individual hired as a per7 sonal service contractor pursuant to this section 

8 shall not, by virtue of such hiring, be considered to 

9 be an employee of the United States Government for 

10 purposes of any law administered by the Office of 

11 Personnel Management. 

12 (2) APPLICABLE LAWS.—An individual hired as 

13 a personal service contractor pursuant to this section 

14 shall be covered, in the same manner as a similarly15 situated employee, by— 

16 (A) the Ethics in Government Act of 1978; 

17 (B) section 27 of the Office of Federal 

18 Procurement Policy Act; and 

19 (C) chapter 73 of title 5, sections 201, 

20 203, 205, 207, 208, and 209 of title 18, and 

21 section 1346 and chapter 171 of title 28, 

22 United States Code. 

23 (3) EXCEPTION.—This subsection shall not af24 fect the determination as to whether an individual 

25 hired as a personal service contractor pursuant to 


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1 this section is an employee of the United States Gov2 ernment for purposes of any Federal law not speci3 fied in paragraphs (1) and (2). 

4 (d) TERMINATION OF AUTHORITY.—The authority to 

5 award personal services contracts under the program au6 thorized by this section shall terminate on September 30, 

7 2011. A contract entered into prior to the termination 

8 date under this subsection may remain in effect until expi9 ration. 

10 SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY 

11 RIGHTS. 

12 (a) RESOURCES TO PROTECT INTELLECTUAL PROP13 ERTY RIGHTS.—The Secretary of State shall ensure that 

14 the protection in foreign countries of the intellectual prop15 erty rights of United States persons in other countries is 

16 a significant component of United States foreign policy in 

17 general and in relations with individual countries. The 

18 Secretary of State, in consultation with the Director Gen19 eral of the United States and Foreign Commercial Service 

20 and other agencies as appropriate, shall ensure that ade21 quate resources are available at diplomatic missions in any 

22 country that is identified under section 182(a)(1) of the 

23 Trade Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure— 


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1 (1) support for enforcement action against vio2 lations of the intellectual property rights of United 

3 States persons in such country; and 

4 (2) cooperation with and support for the host 

5 government’s efforts to reform its applicable laws, 

6 regulations, practices, and agencies to enable that 

7 government to fulfill its international and bilateral 

8 obligations with respect to intellectual property 

9 rights. 

10 (b) NEW APPOINTMENTS.—The Secretary of State, 

11 in consultation with the Director General of the United 

12 States and Foreign Commercial Service, shall appoint 10 

13 intellectual property attache ́s to serve in United States 

14 embassies or other diplomatic missions. The 10 appoint15 ments shall be in addition to personnel serving, on the 

16 date of the enactment of this Act, in the capacity of intel17 lectual property attache ́s from any department or agency 

18 of the United States at United States embassies or other 

19 diplomatic missions. 

20 (c) PRIORITY ASSIGNMENTS.— 

21 (1) IN GENERAL.—Subject to paragraph (2), in 

22 designating the embassies or other missions to which 

23 attache ́s are assigned under subsection (b), the Sec24 retary of State shall give priority to those countries 

25 where the activities of an attache ́ may be carried out 


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1 with the greatest potential benefit to reducing coun2 terfeit and pirated products in the United States 

3 market, to protecting the intellectual property rights 

4 of United States persons and their licensees, and to 

5 protecting the interests of United States persons 

6 otherwise harmed by violations of intellectual prop7 erty rights in those countries. 

8 (2) ASSIGNMENTS TO PRIORITY COUNTRIES.— 

9 In carrying out paragraph (1), the Secretary of 

10 State shall consider assigning intellectual property 

11 attache ́s— 

12 (A) to the countries that have been identi13 fied under section 182(a)(1) of the Trade Act 

14 of 1974 (19 U.S.C. 2242(a)(1)); and 

15 (B) to the country where the Organization 

16 for Economic Cooperation and Development has 

17 its headquarters. 

18 (d) DUTIES AND RESPONSIBILITIES OF INTELLEC19 TUAL PROPERTY ATTACHE ́S.—The intellectual property 

20 attache ́s appointed under subsection (b), as well as others 

21 serving as intellectual property attache ́s of any other de22 partment or agency of the United States, shall have the 

23 following responsibilities: 

24 (1) To promote cooperation with foreign gov25 ernments in the enforcement of intellectual property 


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1 laws generally, and in the enforcement of laws 

2 against counterfeiting and piracy in particular. 

3 (2) To assist United States persons holding in4 tellectual property rights, and the licensees of such 

5 United States persons, in their efforts to combat 

6 counterfeiting and piracy of their products or works 

7 within the host country, including counterfeit or pi8 rated goods exported from or transshipped through 

9 that country. 

10 (3) To chair an intellectual property protection 

11 task force consisting of representatives from all 

12 other relevant sections or bureaus of the embassy or 

13 other mission. 

14 (4) To coordinate with representatives of the 

15 embassies or missions of other countries in informa16 tion sharing, private or public communications with 

17 the government of the host country, and other forms 

18 of cooperation for the purpose of improving enforce19 ment against counterfeiting and piracy. 

20 (5) As appropriate and in accordance with ap21 plicable laws and the diplomatic status of the 

22 attache ́s, to engage in public education efforts 

23 against counterfeiting and piracy in the host coun24 try. 


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1 (6) To assist in the coordination of training and 

2 technical assistance programs of the United States 

3 Government within the host country that are aimed 

4 at improving the enforcement of laws against coun5 terfeiting and piracy. 

6 (7) To identify and promote other means to 

7 more effectively combat counterfeiting and piracy ac8 tivities under the jurisdiction of the host country. 

9 (e) TRAINING.—The Secretary of State shall ensure 

10 that each attache ́ appointed under subsection (b) is fully 

11 trained for the responsibilities of the position before as12 suming duties at the United States embassy or other mis13 sion in question. 

14 (f) COORDINATION.—The activities of intellectual 

15 property attache ́s under this section shall be carried out 

16 in coordination with the United States Intellectual Prop17 erty Enforcement Coordinator appointed under section 

18 301 of the Prioritizing Resources and Organization for In19 tellectual Property Act of 2008 (15 U.S.C. 8111). 

20 (g) REPORT TO CONGRESS.— 

21 (1) IN GENERAL.—The Secretary of State shall 

22 submit to the Congress, not later than December 31 

23 of each year, a report on the appointment, designa24 tion for assignment, and activities of all intellectual 

25 property attache ́s of any Federal department or 


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1 agency who are serving at United States embassies 

2 or other diplomatic missions. 

3 (2) CONTENTS.—Each report under paragraph 

4 (1) shall include the following: 

5 (A) A description of the progress, or lack 

6 thereof, in the preceding year regarding the res7 olution of general and specific intellectual prop8 erty disputes in each country identified under 

9 section 182(a)(1) of the Trade Act of 1974 (19 

10 U.S.C. 2242(a)(1)), including any changes by 

11 the host government in applicable laws and reg12 ulations and their enforcement. 

13 (B) An assessment of the obstacles pre14 venting the host government of each country 

15 described in subparagraph (A) from imple16 menting adequate measures to fulfill its inter17 national and bilateral obligations with respect 

18 to intellectual property rights. 

19 (C) An assessment of the adequacy of the 

20 resources of the Department of State employed 

21 to carry out this section and, if necessary, an 

22 assessment of the need for additional resources 

23 for such purposes. 

24 (h) DEFINITIONS.—In this section: 

25 (1) COUNTERFEITING; COUNTERFEIT GOODS.— 


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1 (A) COUNTERFEITING.—The term ‘‘coun2 terfeiting’’ means activities related to produc3 tion or distribution of goods, including pack4 aging, that bear a spurious mark or designation 

5 that is identical to or substantially indistin6 guishable from a mark or designation protected 

7 under trademark laws or related legislation. 

8 (B) COUNTERFEIT GOODS.—The term 

9 ‘‘counterfeit goods’’ means those goods de10 scribed in subparagraph (A). 

11 (2) INTELLECTUAL PROPERTY RIGHTS.—The 

12 term ‘‘intellectual property rights’’ means the rights 

13 of holders of copyrights, patents, trademarks, other 

14 forms of intellectual property, and trade secrets. 

15 (3) PIRACY; PIRATED GOODS.— 

16 (A) PIRACY.—The term ‘‘piracy’’ means 

17 activities related to production or distribution of 

18 unauthorized copies or phonorecords of works 

19 protected under copyright law or related legisla20 tion. 

21 (B) PIRATED GOODS.—The term ‘‘pirated 

22 goods’’ means those copies or phonorecords de23 scribed in subparagraph (A). 

24 (4) UNITED STATES PERSON.—The term 

25 ‘‘United States person’’ means— 


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1 (A) any United States resident or national; 

2 (B) any corporation, partnership, other 

3 business entity, or other organization, that is 

4 organized under the laws of the United States; 

5 and 

6 (C) any foreign subsidiary or affiliate (in7 cluding any permanent foreign establishment) 

8 of any corporation, partnership, business entity, 

9 or organization described in subparagraph (B), 

10 that is controlled in fact by such corporation, 

11 partnership, business entity, or organization, 

12 except that such term does not include an individual 

13 who resides outside the United States and is em14 ployed by an individual or entity other than an indi15 vidual or entity described in subparagraph (A), (B), 

16 or (C). 

17 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

18 amounts authorized to be appropriated under section 101, 

19 there are authorized to be appropriated for each fiscal year 

20 such sums as may be necessary for the training and sup21 port of the intellectual property attache ́s appointed under 

22 subsection (b) and of other personnel serving as intellec23 tual property attache ́s of any other department or agency 

24 of the United States. 


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1 SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSI2 TION. 

3 (a) STATEMENT OF POLICY.—In order for the De4 partment of State to accurately represent all people in the 

5 United States, the Department must accurately reflect the 

6 diversity of the United States. 

7 (b) REPORT ON MINORITY RECRUITMENT.—Section 

8 324 of the Foreign Relations Authorization Act, Fiscal 

9 Year 2003 (Public Law 107–228) is amended— 

10 (1) in the matter preceding paragraph (1)— 

11 (A) by striking ‘‘On’’ and inserting ‘‘(a) 

12 REPORT ON MINORITY GROUPS AND

13 WOMEN.—On’’; 

14 (B) by striking ‘‘April 1, 2003, and April 

15 1, 2004,’’ and inserting ‘‘April 1, 2010, and 

16 April 1, 2011,’’; 

17 (2) in paragraphs (1) and (2), by striking ‘‘mi18 nority groups’’ each place it appears and inserting 

19 ‘‘minority groups and women’’; and 

20 (3) by adding at the end the following new sub21 section: 

22 ‘‘(b) DEVELOPMENT OF METRICS TO EVALUATE EM23 PLOYMENT COMPOSITION.—The report required by sub24 section (a) shall also include a description of the following: 

25 ‘‘(1) The ability of current recruitment, ad26 vancement, and retention practices to attract and 


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1 maintain a diverse pool of qualified individuals in 

2 sufficient numbers throughout the Department, in3 cluding in the Cooperative Education Program (also 

4 known as the ‘Student Career Experience Pro5 gram’). 

6 ‘‘(2) Efforts to develop a uniform definition, to 

7 be used throughout the Department, of diversity 

8 that is congruent with the core values and vision of 

9 the Department for the future workforce. 

10 ‘‘(3) The existence of additional metrics and 

11 milestones for evaluating the diversity plans of the 

12 Department, including the Foreign Service and Sen13 ior Foreign Service, and for facilitating future eval14 uation and oversight.’’. 

15 (c) PUBLIC AVAILABILITY.—Each report required 

16 under section 324 of the Foreign Relations Authorization 

17 Act, Fiscal Year 2003, as amended by subsection (b) of 

18 this section, shall be made available to the public on the 

19 website of the Department of State not later than 15 days 

20 after the submission to Congress of each such report. 

21 (d) GAO REVIEW.—The Comptroller General of the 

22 United States, in consultation with the appropriate con23 gressional committees, shall conduct a review of the em24 ployment composition, recruitment, advancement, and re25 tention policies of the Department of State for women and 


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1 minority groups, including the information in the reports 

2 required under section 324 of the Foreign Relations Au3 thorization Act, Fiscal Year 2003, as amended by sub4 section (b) of this section. 

5 (e) ACQUISITION.—Section 324 of the Foreign Rela6 tions Authorization Act, Fiscal Year 2003, as amended 

7 by subsection (b) of this section, is further amended by 

8 adding at the end the following new subsection: 

9 ‘‘(c) For the immediately preceding 12-month period 

10 for which the information referred to in subsection (a) is 

11 available— 

12 ‘‘(1) the numbers and percentages of small, mi13 nority-owned, or disadvantaged businesses that pro14 vide goods and services to the Department as a re15 sult of contracts with the Department during such 

16 period; 

17 ‘‘(2) the total number of such contracts; 

18 ‘‘(3) the total dollar value of such contracts; 

19 and 

20 ‘‘(4) and the percentage value represented by 

21 such contract proportionate to the total value of all 

22 contracts held by the Department.’’. 

23 (f) USE OF FUNDS.—The provisions of section 325 

24 of the Foreign Relations Authorization Act, Fiscal Year 


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1 2003 shall apply to funds authorized to be appropriated 

2 under section 101 of this division. 

3 SEC. 331. CONTRACTING. 

4 None of the funds authorized to be appropriated by 

5 this division, for projects initiated after the date of the 

6 enactment of this Act, may be used by the Department 

7 of State to enter into any Federal contract unless such 

8 contract is entered into in accordance with title III of the 

9 Federal Property and Administrative Services Act of 1949 

10 (41 U.S.C. 251 et seq.) and the Federal Acquisition Regu11 lation, unless such contract is otherwise authorized by 

12 statute to be entered into without regard to such Act and 

13 regulation. 

14 SEC. 332. LEGISLATIVE LIAISON OFFICE OF THE DEPART15 MENT OF STATE. 

16 (a) REPORT ON IMPROVING EFFECTIVENESS OF DE17 PARTMENT OF STATE LEGISLATIVE LIAISON OFFICE.— 

18 Not later than 6 months after the date of the enactment 

19 of this Act, the Secretary of State shall submit to the 

20 Committee on Foreign Affairs and the Committee on 

21 House Administration of the House of Representatives 

22 and the Committee on Foreign Relations and the Com23 mittee on Rules and Administration of the Senate a report 

24 on the mission and effectiveness of the existing Depart25 ment of State legislative liaison office. 


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1 (b) REPORT CONSIDERATIONS.—The report required 

2 by subsection (a) shall consider— 

3 (1) whether the legislative liaison office has suf4 ficient resources necessary to communicate to Mem5 bers of Congress, committees, and their staffs the 

6 goals and missions of the Department of State; 

7 (2) whether current space within the office 

8 buildings of the House of Representatives as well as 

9 requested space within the office buildings of the 

10 Senate is sufficient to meet the mission of the legis11 lative liaison office; 

12 (3) whether current representational allowances 

13 are sufficient to allow the legislative liaison office to 

14 meet its mission; and 

15 (4) the feasibility of increasing personnel num16 bers in the legislative liaison office, including senior 

17 Foreign Service Officers. 

18 SEC. 333. DISCRIMINATION RELATED TO SEXUAL ORIENTA19 TION. 

20 (a) TRACKING VIOLENCE OR CRIMINALIZATION RE21 LATED TO SEXUAL ORIENTATION.—The Assistant Sec22 retary for Democracy, Human Rights and Labor shall des23 ignate a Bureau-based officer or officers who shall be re24 sponsible for tracking violence, criminalization, and re25 strictions on the enjoyment of fundamental freedoms, conVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00150 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 sistent with United States law, in foreign countries based 

2 on actual or perceived sexual orientation and gender iden3 tity. 

4 (b) INTERNATIONAL EFFORTS TO REVISE LAWS

5 CRIMINALIZING HOMOSEXUALITY.—In keeping with the 

6 Administration’s endorsement of efforts by the United Na7 tions to decriminalize homosexuality in member states, the 

8 Secretary of State shall work though appropriate United 

9 States Government employees at United States diplomatic 

10 and consular missions to encourage the governments of 

11 other countries to reform or repeal laws of such countries 

12 criminalizing homosexuality or consensual homosexual 

13 conduct, or restricting the enjoyment of fundamental free14 doms, consistent with United States law, by homosexual 

15 individuals or organizations. 

16 (c) ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS

17 PRACTICES.—The Foreign Assistance Act of 1961 is 

18 amended— 

19 (1) in section 116(d) (22 U.S.C. 2151n(d))— 

20 (A) in paragraph (10), by striking ‘‘and’’ 

21 at the end; 

22 (B) in paragraph (11)— 

23 (i) in subparagraph (B), by striking 

24 ‘‘and’’ at the end; and 


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1 (ii) in subparagraph (C), by striking 

2 the period at the end and inserting ‘‘; 

3 and’’; and 

4 (C) by adding at the end the following new 

5 paragraph: 

6 ‘‘(12) wherever applicable, violence or discrimi7 nation that affects the fundamental freedoms, con8 sistent with United States law, of an individual in 

9 foreign countries that is based on actual or perceived 

10 sexual orientation and gender identity.’’; and 

11 (2) in section 502B(b) (22 U.S.C. 2304(b)), by 

12 inserting after the eighth sentence the following new 

13 sentence: ‘‘Wherever applicable, violence or discrimi14 nation that affects the fundamental freedoms, con15 sistent with United States law, of an individual in 

16 foreign countries that is based on actual or perceived 

17 sexual orientation and gender identity.’’. 

18 (d) TRAINING FOR FOREIGN SERVICE OFFICERS.— 

19 Section 708(a) of the Foreign Service Act of 1980 (22 

20 16 U.S.C. 4028(a)) is amended— 

21 (1) in the matter preceding paragraph (1), by 

22 inserting ‘‘the Secretary for Democracy, Human 

23 Rights and Labor,’’ before ‘‘the Ambassador at 

24 Large’’; 


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1 (2) in paragraph (2), by striking ‘‘and’’ at the 

2 end; 

3 (3) in paragraph (3), by striking the period at 

4 the end and inserting ‘‘; and’’; and 

5 (4) by adding at the end the end the following 

6 new paragraph: 

7 ‘‘(4) instruction, in courses covering human 

8 rights reporting and advocacy work, on identifying 

9 violence or discrimination that affects the funda10 mental freedoms, consistent with United States law, 

11 of an individual that is based on actual or perceived 

12 sexual orientation and gender identity.’’. 

13 SEC. 334. OFFICE FOR GLOBAL WOMEN’S ISSUES. 

14 (a) ESTABLISHMENT.—There is established an Office 

15 for Global Women’s Issues (in this section referred to as 

16 the ‘‘Office’’) in the Office of the Secretary of State in 

17 the Department of State. The Office shall be headed by 

18 the Ambassador-at-Large (in this section referred to as 

19 the ‘‘Ambassador’’), who shall be appointed by the Presi20 dent, by and with the advice and consent of the Senate. 

21 The Ambassador shall report directly to the Secretary of 

22 State. 

23 (b) PURPOSE.—The Office shall coordinate efforts of 

24 the United States Government regarding gender integraVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 tion and women’s empowerment in United States foreign 

2 policy. 

3 (c) DUTIES.— 

4 (1) IN GENERAL.—The Ambassador shall— 

5 (A) coordinate and advise on activities, 

6 policies, programs, and funding relating to gen7 der integration and women’s empowerment 

8 internationally for all bureaus and offices of the 

9 Department of State and in the international 

10 programs of other United States Government 

11 departments and agencies; 

12 (B) design, support, and as appropriate, 

13 implement, limited projects regarding women’s 

14 empowerment internationally; 

15 (C) actively promote and advance the full 

16 integration of gender analysis into the pro17 grams, structures, processes, and capacities of 

18 all bureaus and offices of the Department of 

19 State and in the international programs of 

20 other United States Government departments 

21 and agencies; and 

22 (D) direct, as appropriate, United States 

23 Government resources to respond to needs for 

24 gender integration and women’s empowerment 


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1 in United States Government foreign policies 

2 and international programs. 

3 (2) COORDINATING ROLE.—The Ambassador 

4 shall coordinate with the United States Agency for 

5 International Development and the Millennium Chal6 lenge Corporation on all policies, programs, and 

7 funding of such agencies relating to gender integra8 tion and women’s empowerment. 

9 (3) DIPLOMATIC REPRESENTATION.—Subject to 

10 the direction of the President and the Secretary of 

11 State, the Ambassador is authorized to represent the 

12 United States in matters relevant to the status of 

13 women internationally. 

14 (d) REPORTING.—The heads of all bureaus and of15 fices of the Department of State, as appropriate, shall 

16 evaluate and monitor all women’s empowerment programs 

17 administered by such bureaus and offices and annually 

18 submit to the Ambassador a report on such programs and 

19 on policies and practices to integrate gender. 

20 (e) RELATIONSHIP TO OTHER LAWS REGARDING

21 ABORTION.—Nothing in this section, and in particular the 

22 duties of the office described in subsection (c), shall be 

23 construed as affecting in any way existing statutory prohi24 bitions against abortion or existing statutory prohibitions 

25 on the use of funds to engage in any activity or effort 


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1 to alter the laws or policies in effect in any foreign country 

2 concerning the circumstances under which abortion is per3 mitted, regulated, or prohibited. 

4 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

5 amounts authorized to be appropriated under section 101, 

6 there are authorized to be appropriated such sums as may 

7 be necessary for each of fiscal years 2010 and 2011 to 

8 carry out activities under this section. 

9 SEC. 335. FOREIGN SERVICE VICTIMS OF TERRORISM. 

10 (a) ADDITIONAL DEATH GRATUITY.—Section 413 of 

11 the Foreign Service Act of 1980 (22 U.S.C. 3973) is 

12 amended— 

13 (1) by redesignating subsection (d) as sub14 section (e); and 

15 (2) by inserting after subsection (c) the fol16 lowing new subsection: 

17 ‘‘(d) In addition to a death gratuity payment under 

18 subsection (a), the Secretary or the head of the relevant 

19 United States Government agency is authorized to provide 

20 for payment to the surviving dependents of a Foreign 

21 Service employee or a Government executive branch em22 ployee, if such Foreign Service employee or Government 

23 executive branch employee is subject to the authority of 

24 the chief of mission pursuant to section 207, of an amount 

25 equal to a maximum of eight times the salary of such ForVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00156 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 eign Service employee or Government executive branch 

2 employee if such Foreign Service employee or Government 

3 executive branch employee is killed as a result of an act 

4 of international terrorism. Such payment shall be accorded 

5 the same treatment as a payment made under subsection 

6 (a). For purposes of this subsection, the term ‘act of inter7 national terrorism’ has the meaning given such term in 

8 section 2331(1) of title 18, United States Code.’’. 

9 (b) CERTAIN SPECIFIC PAYMENTS.—Subject to the 

10 availability of appropriations specifically for the purpose 

11 specified in this subsection as provided in appropriations 

12 Acts enacted on or after October 1, 2007, and notwith13 standing any other provision of law, the Secretary of State 

14 shall pay the maximum amount of payment under section 

15 413(d) of the Foreign Service Act of 1980 (as amended 

16 by subsection a(2) of this section) to an individual de17 scribed in such section 413(d) or to an individual who was 

18 otherwise serving at a United States diplomatic or con19 sular mission abroad without a regular salary who was 

20 killed as a result of an act of international terrorism (as 

21 such term is defined in section 2331(1) of title 18, United 

22 States Code) that occurred between January 1, 1998, and 

23 the date of the enactment of this section, including the 

24 victims of the bombing of August 7, 1998, in Nairobi, 

25 Kenya. Such a payment shall be deemed to be a payment 


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1 under section 413(d) of the Foreign Service Act of 1980, 

2 except that for purposes of this section, such payment 

3 shall, with respect to a United States citizen receiving pay4 ment under this section, be in an amount equal to ten 

5 times the salary specified in this section. For purposes of 

6 this section and section 413(d) of such Act, with respect 

7 to a United States citizen receiving payment under this 

8 section, the salary to be used for purposes of determining 

9 such payment shall be $94,000. 

10 SEC. 336. BROADENING EXPERIENCE WITHIN THE FOREIGN 

11 SERVICE. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Secretary of State, acting through 

14 the Director of the Foreign Service, shall submit to the 

15 appropriate congressional committees a detailed plan to 

16 increase the career incentives provided to Foreign Service 

17 officers to serve in bureaus and offices of the Department 

18 of State not primarily focused on regional issues, including 

19 the Bureau of Democracy, Human Rights and Labor, the 

20 Bureau of Oceans and International Environmental and 

21 Scientific Affairs, and the Bureau of Population, Refugees 

22 and Migration. In formulating such plan, the Secretary 

23 shall consult with a broad range of active and retired For24 eign Service officers and current and former officials of 


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1 the Department to elicit proposals on how to promote non2 regional assignments, and shall consider— 

3 (1) requiring all Foreign Service officers to 

4 serve at least 2 years in an bureau or office of the 

5 Department not primarily focused on regional issues 

6 prior to joining the Senior Foreign Service; and 

7 (2) changing the composition of Foreign Service 

8 selection boards to increase the participation of De9 partment personnel with extensive experience in bu10 reaus and offices of the Department not primarily 

11 focused on regional issues. 

12 TITLE IV—INTERNATIONAL 

13 ORGANIZATIONS 

14 Subtitle A—International 

15 Leadership 

16 SEC. 401. SHORT TITLE. 

17 This subtitle may be cited as the ‘‘United States 

18 International Leadership Act of 2009’’. 

19 SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL 

20 ORGANIZATIONS. 

21 (a) PROMOTIONS.— 

22 (1) IN GENERAL.—Section 603(b) of the For23 eign Service Act of 1980 (22 U.S.C. 4003) is 

24 amended, in the second sentence, by inserting before 

25 the period at the end the following: ‘‘, and should 


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1 consider whether the member of the Service has 

2 served in a position whose primary responsibility is 

3 to formulate policy toward, or represent the United 

4 States at, an international organization, a multilat5 eral institution, or a broad-based multilateral nego6 tiation of an international instrument’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by paragraph (1) shall take effect on the date of the 

9 enactment of this Act and shall apply to members of 

10 the Foreign Service beginning on January 1, 2015. 

11 (b) ESTABLISHMENT OF A MULTILATERAL DIPLO12 MACY CONE IN THE FOREIGN SERVICE.— 

13 (1) FINDINGS.—Congress finds the following: 

14 (A) The Department of State maintains a 

15 number of United States missions both within 

16 the United States and abroad that are dedi17 cated to representing the United States to 

18 international organizations and multilateral in19 stitutions, including missions in New York, 

20 Brussels, Geneva, Rome, Montreal, Nairobi, Vi21 enna, and Paris. 

22 (B) In offices at the Harry S. Truman 

23 Building, the Department maintains a signifi24 cant number of positions in bureaus that are ei25 ther dedicated, or whose primary responsibility 


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1 is, to represent the United States to such orga2 nizations and institutions or at multilateral ne3 gotiations. 

4 (C) Given the large number of positions in 

5 the United States and abroad that are dedi6 cated to multilateral diplomacy, the Department 

7 of State may be well served in developing per8 sons with specialized skills necessary to become 

9 experts in this unique form of diplomacy. 

10 (2) REPORT.—Not later than 180 days after 

11 the date of the enactment of this Act, the Secretary 

12 of State shall submit to the appropriate congres13 sional committees a report— 

14 (A) evaluating whether a new cone should 

15 be established for the Foreign Service that con16 centrates on members of the Service who serve 

17 at international organizations and multilateral 

18 institutions or are primarily responsible for par19 ticipation in broad-based multilateral negotia20 tions of international instruments; and 

21 (B) that provides alternative mechanisms 

22 for achieving the objective of developing a core 

23 group of United States diplomats and other 

24 Government employees who have expertise and 


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1 broad experience in conducting multilateral di2 plomacy. 

3 SEC. 403. IMPLEMENTATION AND ESTABLISHMENT OF OF4 FICE ON MULTILATERAL NEGOTIATIONS. 

5 (a) ESTABLISHMENT OF OFFICE.—The Secretary of 

6 State is authorized to establish, within the Bureau of 

7 International Organization Affairs, an Office on Multilat8 eral Negotiations, to be headed by a Special Representa9 tive for Multilateral Negotiations (in this section referred 

10 to as the ‘‘Special Representative’’). 

11 (b) APPOINTMENT.—If the office referred to in sub12 section (a) is established, the Special Representative shall 

13 be appointed by the President by and with the advice and 

14 consent of the Senate and shall have the rank of Ambas15 sador-at-Large. At the discretion of the President another 

16 official at the Department may serve as the Special Rep17 resentative. The President may direct that the Special 

18 Representative report to the Assistant Secretary for Inter19 national Organization Affairs. 

20 (c) STAFFING.—The Special Representative shall 

21 have a staff of Foreign Service and civil service officers 

22 skilled in multilateral diplomacy. 

23 (d) DUTIES.—The Special Representative shall have 

24 the following responsibilities: 


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1 (1) IN GENERAL.—The primary responsibility 

2 of the Special Representative shall be to assist in the 

3 organization of, and preparation for, United States 

4 participation in multilateral negotiations, including 

5 the advocacy efforts undertaken by the Department 

6 of State and other United States agencies. 

7 (2) ADVISORY ROLE.—The Special Representa8 tive shall advise the President and the Secretary of 

9 State, as appropriate, regarding advocacy at inter10 national organizations and multilateral institutions 

11 and negotiations and, in coordination with the As12 sistant Secretary for International Organization Af13 fairs, shall make recommendations regarding— 

14 (A) effective strategies and tactics to 

15 achieve United States policy objectives at multi16 lateral negotiations; 

17 (B) the need for and timing of high level 

18 intervention by the President, the Secretary of 

19 State, the Deputy Secretary of State, and other 

20 United States officials to secure support from 

21 key foreign government officials for the United 

22 States position at such organizations, institu23 tions, and negotiations; 

24 (C) the composition of United States dele25 gations to multilateral negotiations; and 


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1 (D) liaison with Congress, international or2 ganizations, nongovernmental organizations, 

3 and the private sector on matters affecting mul4 tilateral negotiations. 

5 (3) LEADERSHIP AND MEMBERSHIP OF INTER6 NATIONAL ORGANIZATIONS.—The Special Represent7 ative, in coordination with the Assistant Secretary of 

8 International Organization Affairs, shall direct the 

9 efforts of the United States Government to reform 

10 the criteria for leadership and membership of inter11 national organizations. 

12 (4) PARTICIPATION IN MULTILATERAL NEGO13 TIATIONS.—The Special Representative, or members 

14 of the Special Representative’s staff, may, as re15 quired by the President or the Secretary of State, 

16 serve on a United States delegation to any multilat17 eral negotiation. 

18 SEC. 404. SYNCHRONIZATION OF UNITED STATES CON19 TRIBUTIONS TO INTERNATIONAL ORGANIZA20 TIONS. 

21 Not later than 180 days after the date of the enact22 ment of this Act, the President shall transmit to the ap23 propriate congressional committees a plan on the imple24 mentation of section 404 of the Foreign Relations Author25 ization Act of 2003 (Public Law 107–228; relating to a 


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1 resumption by the United States of the payment of its full 

2 contributions to certain international organizations at the 

3 beginning of each calendar year). 

4 SEC. 405. UNITED STATES ARREARAGES TO THE UNITED 

5 NATIONS. 

6 In addition to amounts otherwise available for the 

7 payment of Assessed Contributions to International Orga8 nizations and Contributions for International Peace9 keeping Activities, there is authorized to be appropriated 

10 such sums as may be necessary to pay all United States 

11 arrearages in payments to the United Nations recognized 

12 by the United States. 

13 Subtitle B—General Provisions 

14 SEC. 411. ORGANIZATION OF AMERICAN STATES. 

15 (a) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) multilateral diplomacy in the context of the 

18 Americas has suffered considerably in the past dec19 ade, to the direct detriment of the national interest 

20 of the United States in the region; 

21 (2) given the recent proliferation of multilateral 

22 groupings in the Americas region in which the 

23 United States in not a member, it is imperative to 

24 focus on and promote United States diplomatic ef25 forts in the Organization of American States (OAS), 


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1 where the United States is a founding member and 

2 whose central tenets include democratic values con3 sidered vital for this region; 

4 (3) it is critical for the United States to imme5 diately re-establish its unique leadership voice in this 

6 region and specifically in the OAS setting; and 

7 (4) an effective way to help achieve this short 

8 term objective is to establish a fund to promote mul9 tilateral interests of the United States in the region. 

10 (b) MULTILATERAL FUND.— 

11 (1) IN GENERAL.—There is hereby established 

12 in the Department of State a Fund to Promote 

13 Multilateralism in the Americas (referred to in this 

14 section as the ‘‘Fund’’). 

15 (2) ACTIVITIES SUPPORTED.—The Fund shall 

16 support activities that promote the multilateral in17 terests of the United States in the Americas region, 

18 including— 

19 (A) United States diplomatic activities 

20 within and related to the OAS; 

21 (B) voluntary contributions to entities and 

22 organs of the OAS to carry out programs and 

23 activities that support the interests of the 

24 United States; 

25 (C) outreach and cultural activities; 


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1 (D) conferences; and 

2 (E) general advocacy for United States in3 terests. 

4 (c) ADMINISTRATION.—The Fund shall be adminis5 tered by the United States Mission to the Organization 

6 of American States, as directed by the United States Per7 manent Representative to the OAS, for use on matters 

8 that arise in the context of the OAS. 

9 (d) AUTHORIZATION.—Of the amounts authorized to 

10 be appropriated for the Administration of Foreign Affairs 

11 pursuant to section 101, there is authorized to be appro12 priated $2,000,000 for each of fiscal years 2010 and 2011 

13 only to carry out this section. 

14 SEC. 412. PEACEKEEPING OPERATIONS CONTRIBUTIONS. 

15 Section 404(b)(2)(B) of the Foreign Relations Au16 thorization Act, Fiscal Years 1994 and 1995 (Public Law 

17 103–236) (22 U.S.C. 287e note) is amended at the end 

18 by adding the following new clause: 

19 ‘‘(vi) For assessments made during 

20 calendar years 2009, 2010, and 2011, 27.1 

21 percent.’’. 

22 SEC. 413. PACIFIC ISLANDS FORUM. 

23 It is the sense of Congress that the Secretary of State 

24 should work with the Pacific Islands Forum to find appro25 priate affiliations for representatives of American Samoa, 


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1 Guam, and the Commonwealth of the Northern Mariana 

2 Islands. 

3 SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COM4 MISSIONS. 

5 (a) IN GENERAL.—Not later than 1 year after the 

6 date of the enactment of this Act and 2 years thereafter, 

7 the Secretary of State shall submit to the appropriate con8 gressional committees a report on the activities of each 

9 of the commissions specified in paragraphs (1), (2), and 

10 (3) of section 103. 

11 (b) REPORT ELEMENTS.—The reports required 

12 under subsection (a) shall include information concerning 

13 the following: 

14 (1) Amounts obligated and expended during the 

15 two previous fiscal years by each of such commis16 sions. 

17 (2) A description of the projects carried out 

18 during such years by each of such commissions and 

19 a description of the management and implementa20 tion of such projects, including the use of private 

21 contractors. 

22 (3) Projects anticipated during the next two fis23 cal years related to the activities of each of such 

24 commissions because of obligations that the United 


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1 States has entered into based on any treaty between 

2 the United States and another country. 

3 (c) SUBMISSION OF THE REPORTS.—The reports 

4 may be combined with the annual budget justification sub5 mitted by the President in accordance with section 

6 1105(a) of title 31, United States Code. 

7 SEC. 415. ENHANCING NUCLEAR SAFEGUARDS. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) The Treaty on the Non-Proliferation of Nu11 clear Weapons, done at Washington, London, and 

12 Moscow July 1, 1968, and entered into force March 

13 5, 1970 (commonly known as the ‘‘Nuclear Non14 Proliferation Treaty’’ or ‘‘NPT’’) and the safeguards 

15 system of the International Atomic Energy Agency 

16 (IAEA) are indispensable to international peace and 

17 security. 

18 (2) Congress has long supported efforts aimed 

19 at effective and efficient assurances of nuclear fuel 

20 supply, the strengthening of IAEA safeguards, and 

21 assistance to the developing world for nuclear and 

22 non-nuclear energy sources, as embodied in the Nu23 clear Non-Proliferation Act of 1978 (22 U.S.C. 3201 

24 et seq.). 


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1 (3) According to some experts, global energy 

2 demand will grow by 50 percent in the next 20 

3 years, predominantly in the developing world. 

4 (4) The Government Accountability Office 

5 (GAO) stated in testimony before Congress in Sep6 tember 2006 that ‘‘while IAEA is increasingly rely7 ing on the analytical skills of its staff to detect coun8 tries’’ undeclared nuclear activities, the agency is 

9 facing a looming human capital crisis. 

10 (5) The Director General of the IAEA told the 

11 Board of Governors of the IAEA in March 2009 

12 that the ‘‘deteriorating conditions in our labora13 tories, for example, threaten both our ability to de14 liver our programmed, as well as our independent 

15 analytical capability’’. 

16 (6) Considerable investment is needed for the 

17 IAEA’s Safeguards Analytical Laboratory (SAL), to 

18 meet future IAEA requirements as its workload is 

19 growing, the laboratory’s infrastructure is aging, 

20 and IAEA requirements have become more demand21 ing, and while initial plans have been made for lab22 oratory enhancement and are currently pending 

23 budgetary approval (sometime in 2009), the simple 

24 fact is that, as more countries implement IAEA 


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1 safeguards, many more nuclear samples come to 

2 SAL for analysis. 

3 (7) The existing funding, planning, and execu4 tion of IAEA safeguards is not sufficient to meet the 

5 predicted growth in the future of civilian nuclear 

6 power, and therefore any growth in civilian nuclear 

7 power must be evaluated against the challenges it 

8 poses to verification of the assurances of peace and 

9 security provided by the IAEA safeguards system. 

10 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

11 authorized to be appropriated $10,000,000 for the refur12 bishment or possible replacement of the IAEA’s Safe13 guards Analytical Laboratory. 

14 (c) REPORT.—Not later than 180 days after the date 

15 of the enactment of this Act, the Secretary of State, in 

16 consultation with the Secretary of Energy, shall submit 

17 to the appropriate congressional committees and the Com18 mittee on Armed Services of the House of Representatives 

19 and the Committee on Armed Services of the Senate a 

20 report on the refurbishment or possible replacement of the 

21 IAEA’s Safeguards Analytical Laboratory pursuant to 

22 subsection (b). 


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1 SEC. 416. IMPLEMENTATION OF RECOMMENDATIONS OF 

2 COMMISSION ON THE PREVENTION OF WEAP3 ONS OF MASS DESTRUCTION PROLIFERATION 

4 AND TERRORISM. 

5 (a) AUTHORIZATION OF APPROPRIATIONS.—There is 

6 authorized to be appropriated such sums as may be nec7 essary for each of the fiscal years 2010 and 2011 to imple8 ment the following recommendations of the Report of the 

9 Commission on the Prevention of Weapons of Mass De10 struction Proliferation and Terrorism regarding the Inter11 national Atomic Energy Agency (IAEA) and nuclear safe12 guards reform: 

13 (1) The United States should work with the 

14 IAEA Director General to consider establishing a 

15 safeguards user fee, whereby countries with in16 spected facilities would be assessed a fee to help 

17 defer the costs of IAEA inspections. 

18 (2) The United States should work with the 

19 IAEA Director General and other interested parties 

20 to routinely (at least every 2 years) assess whether 

21 the IAEA can meet its own inspection goals, whether 

22 those goals afford timely warning of an ability to ac23 count for a bomb’s worth of nuclear material, as re24 quired by United States law, and what corrective ac25 tions, if any, might help the IAEA to achieve its in26 spection goals. This assessment should also clarify 


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1 those instances in which achieving the goals is not 

2 possible. 

3 (3) The United States should work with the 

4 IAEA Director General to provide for the acquisition 

5 and implementation of near-real-time surveillance 

6 equipment at a number of sites where nuclear fuel 

7 rods are located and where such equipment must be 

8 installed so that the IAEA can establish the inspec9 tion continuity of the fresh and spent fuel rods and 

10 to install wide-area surveillance needed to monitor 

11 activities under the Additional Protocol. 

12 (4) The United States should work with the 

13 IAEA Director General to promote much-needed 

14 transparency at suspect sites, to help deter transfers 

15 of nuclear fuel and nuclear weapons technology, and 

16 to encourage IAEA member states to maintain a 

17 registry of all foreign visitors at safeguarded sites. 

18 This registry should be made available to other 

19 IAEA members upon request. 

20 (5) The United States should work with the 

21 IAEA Director General to establish a complete coun22 try-by-country inventory of nuclear materials that 

23 could be used to make nuclear bombs. The informa24 tion should be shared, as appropriate, with indi25 vidual IAEA member states and the public to ensure 


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1 that it can be used effectively in developing the plan 

2 for IAEA safeguards. The IAEA should update the 

3 database regularly. 

4 (6) The United States should work with the 

5 IAEA Director General to require that the transfer 

6 of all items on the Nuclear Suppliers Group dual-use 

7 and trigger lists be reported to the IAEA or relevant 

8 authority and assist in developing a system to proc9 ess and analyze the information gathered, making 

10 unreported transfers illegal and subject to seizure. 

11 (b) REPORT.—Not later than 180 days after the date 

12 of the enactment of this Act, the Secretary of State shall 

13 submit to the appropriate congressional committees and 

14 the Committee on Armed Services of the House of Rep15 resentatives and the Committee on Armed Services of the 

16 Senate a report on progress toward the implementation 

17 of this section. 

18 SEC. 417. ASIA-PACIFIC ECONOMIC COOPERATION. 

19 (a) SENSE OF CONGRESS.—It is the sense of Con20 gress that— 

21 (1) the United States’ continued engagement in 

22 Asia must be a cornerstone of United States foreign 

23 policy in the 21st Century; 

24 (2) the President must elevate the role of the 

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1 tion forum (APEC) by ensuring that United States 

2 Government officials of the appropriate rank attend 

3 APEC activities; and 

4 (3) increased participation by United States 

5 small businesses, particularly manufacturers, will 

6 add substantial benefit to APEC discussions and 

7 help strengthen the influence of the United States 

8 within APEC. 

9 (b) SMALL BUSINESS DEFINED.—In this section, the 

10 term ‘‘small business’’ shall have the meaning given the 

11 term ‘‘small business concern’’ in section 410(9) of the 

12 Small Business Investment Act of 1958 (15 U.S.C. 

13 694a(9)). 

14 (c) UNITED STATES PARTICIPATION AT APEC.— 

15 (1) DESIGNATION OF APEC COORDINATORS.— 

16 The President shall designate in appropriate depart17 ments and agencies an existing official of appro18 priate senior rank to serve as each such depart19 ment’s or agency’s ‘‘APEC Coordinator’’. 

20 (2) DUTIES OF APEC COORDINATORS.— 

21 (A) IN GENERAL.—The APEC Coordina22 tors of the appropriate departments and agen23 cies designated in accordance with paragraph 

24 (1) shall, in consultation with the United States 

25 Ambassador to APEC, set department- and 


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1 agency-wide guidelines for each such depart2 ment’s or agency’s participation at APEC. 

3 (B) REPORT.—Not later than 180 days 

4 after the date of the enactment of this Act and 

5 annually thereafter, the Secretary of State, with 

6 input from each APEC Coordinator, shall sub7 mit to the appropriate congressional committees 

8 a report on efforts to enhance each depart9 ment’s and agency’s participation at APEC. 

10 (d) ENHANCING SMALL BUSINESS PARTICIPATION

11 AT APEC.— 

12 (1) DESIGNATION OF SMALL BUSINESS LIAI13 SON.—The Secretary of State shall designate an ex14 isting officer within the Bureau of East Asian and 

15 Pacific Affairs to serve as a ‘‘Small Business Liai16 son’’. Such designee shall be of the appropriate sen17 ior rank. 

18 (2) DEPARTMENT OF STATE WEBSITE.—The 

19 Secretary of State shall post on the website of the 

20 Department of State a dedicated page for United 

21 States small businesses to facilitate direct commu22 nication between the United States Government and 

23 the business community concerning APEC. 

24 (3) COORDINATION.—The Secretary of State 

25 shall coordinate with existing private sector partners 


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1 and relevant business associations to promote par2 ticipation by small businesses at APEC. The Sec3 retary shall ensure that notices about meetings and 

4 briefings provided by United States APEC officials 

5 on APEC-related issues are posted on the website of 

6 the Department of State (in accordance with para7 graph (2)) not later than 15 days before the dates 

8 of such meetings and briefings. 

9 (e) REPORT ON HOSTING OF APEC 2011 IN THE

10 UNITED STATES.—Not later than 90 days after the date 

11 of the enactment of this Act, the Secretary of State shall 

12 submit to the appropriate congressional committees a re13 port detailing the mechanisms that are in place or are 

14 being considered for hosting the 2011 meeting of APEC 

15 in the United States, including an analysis of the esti16 mated or projected costs associated with such meetings. 

17 SEC. 418. IMPLEMENTING AN INTERNATIONAL NUCLEAR 

18 FUEL BANK. 

19 It is the sense of Congress that, not later than 120 

20 after the date of the enactment of this Act, the Secretary 

21 of State should appoint a coordinator to help implement 

22 the International Nuclear Fuel Bank to ensure that coun23 tries have a supply of fuel for nuclear energy and do not 

24 have to enrich their own uranium. 


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1 TITLE V—UNITED STATES 

2 INTERNATIONAL BROAD3 CASTING 

4 SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR 

5 INTERNATIONAL BROADCASTING. 

6 The following amounts are authorized to be appro7 priated to carry out United States international broad8 casting activities under the United States Information and 

9 Educational Exchange Act of 1948, the Radio Broad10 casting to Cuba Act, the Television Broadcasting to Cuba 

11 Act, the United States International Broadcasting Act of 

12 1994, and the Foreign Affairs Reform and Restructuring 

13 Act of 1998, and to carry out other authorities in law con14 sistent with such purposes: 

15 (1) For ‘‘International Broadcasting Oper16 ations’’, $732,187,000 for fiscal year 2010 and such 

17 sums as may be necessary for fiscal year 2011. 

18 (2) For ‘‘Broadcasting Capital Improvements’’, 

19 $13,263,000 for fiscal year 2010 and such sums as 

20 may be necessary for fiscal year 2011. 

21 SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM. 

22 Section 504 of the Foreign Relations Authorization 

23 Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 

24 6206 note), is amended— 


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1 (1) in the section heading, by striking 

2 ‘‘PILOT’’; 

3 (2) in subsection (a)— 

4 (A) by striking ‘‘pilot’’; and 

5 (B) adding at the end the following new 

6 sentence: ‘‘An individual hired as a personal 

7 service contractor pursuant to this section shall 

8 not, by virtue of such hiring, be considered to 

9 be an employee of the United States Govern10 ment for purposes of any law administered by 

11 the Office of Personnel Management.’’; 

12 (3) in subsection (b)— 

13 (A) in paragraph (4), by striking ‘‘60’’ and 

14 inserting ‘‘125’’; and 

15 (B) by adding at the end the following new 

16 paragraph: 

17 ‘‘(5) The annual salary rate for personal serv18 ices contractors may not exceed the rate for level IV 

19 of the Executive Schedule.’’; and 

20 (4) in subsection (c), by striking ‘‘2009’’ and 

21 inserting ‘‘2011’’. 


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1 SEC. 503. RADIO FREE EUROPE/RADIO LIBERTY PAY PAR2 ITY. 

3 Section 308(h)(1)(C) of the United States Inter4 national Broadcasting Act of 1994 (22 U.S.C. 

5 6207(h)(1)(C)) is amended— 

6 (1) by inserting ‘‘and one employee abroad’’ 

7 after ‘‘D.C.’’; 

8 (2) by striking ‘‘III’’ and inserting ‘‘II’’; and 

9 (3) by striking ‘‘5314’’ and inserting ‘‘5313’’. 

10 SEC. 504. EMPLOYMENT FOR INTERNATIONAL BROAD11 CASTING. 

12 Section 804(1) of the United States Information and 

13 Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) 

14 is amended by inserting after ‘‘suitably qualified United 

15 States citizens’’ the following: ‘‘(for purposes of this para16 graph, the term ‘suitably qualified United States citizens’ 

17 means those United States citizen applicants who are 

18 equally or better qualified than non-United States citizen 

19 applicants)’’. 

20 SEC. 505. DOMESTIC RELEASE OF THE VOICE OF AMERICA 

21 FILM ENTITLED ‘‘A FATEFUL HARVEST’’. 

22 (a) IN GENERAL.—Notwithstanding section 208 of 

23 the Foreign Relations Authorization Act, Fiscal Years 

24 1986 and 1987 (22 U.S.C. 1461–1a) and section 501(b) 

25 of the United States Information and Educational Ex26 change Act of 1948 (22 U.S.C. 1461(b)), the Director of 


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1 the International Broadcasting Bureau shall provide a 

2 master copy of the film entitled ‘‘A Fateful Harvest’’ to 

3 the Archivist of the United States for domestic release in 

4 accordance with subsection (b). 

5 (b) DOMESTIC RELEASE.—Upon evidence that nec6 essary United States rights and licenses have been secured 

7 by the person seeking domestic release of the film referred 

8 to in subsection (a), the Archivist shall— 

9 (1) deposit the film in the National Archives of 

10 the United States; and 

11 (2) make copies of the film available for pur12 chase and public viewing within the United States. 

13 SEC. 506. ESTABLISHING PERMANENT AUTHORITY FOR 

14 RADIO FREE ASIA. 

15 Section 309 of the United States International 

16 Broadcasting Act of 1994 (22 U.S.C. 6208) is amended— 

17 (1) in subsection (c)(2), by striking ‘‘, and shall 

18 further specify that funds to carry out the activities 

19 of Radio Free Asia may not be available after Sep20 tember 30, 2010’’; 

21 (2) by striking subsection (f); and 

22 (3) by redesignating subsections (g) and (h) as 

23 subsection (f) and (g), respectively. 


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1 TITLE VI—PEACE CORPS 

2 SEC. 601. FINDINGS; STATEMENT OF POLICY. 

3 (a) FINDINGS.—Congress finds the following: 

4 (1) On October 14, 1960, then Senator John F. 

5 Kennedy addressed students on the steps of the Uni6 versity of Michigan Union to enlist their effort to 

7 make the world a better place by serving their coun8 try abroad. 

9 (2) On March 1, 1961, then President John F. 

10 Kennedy signed an Executive Order establishing a 

11 Peace Corps that was ‘‘designed to permit our peo12 ple to exercise more fully their responsibilities in the 

13 great common cause of world development’’. 

14 (3) Since its establishment, the Peace Corps 

15 has been guided by its mission to promote world 

16 peace and friendship and has sought to fulfill the 

17 following three goals: 

18 (A) To help the people of interested coun19 tries in meeting their needs for trained men 

20 and women. 

21 (B) To promote a better understanding of 

22 Americans on the part of the peoples served. 

23 (C) To help promote a better under24 standing of other peoples on the part of Ameri25 cans. 


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1 (4) Over the last 48 years, nearly 200,000 

2 Peace Corps volunteers have served in 139 countries. 

3 (5) The Peace Corps is the world’s premier 

4 international service organization dedicated to pro5 moting sustainable grassroots development by work6 ing with host communities in the areas of agri7 culture, business development, education, the envi8 ronment, health and HIV/AIDS, and youth. 

9 (6) The Peace Corps remains committed to 

10 sending well trained and well supported Peace Corps 

11 volunteers overseas to promote peace, friendship, 

12 cross-cultural awareness, and mutual understanding 

13 between the United States and other countries. The 

14 Peace Corps has an impressive record of engen15 dering good will through the service that American 

16 volunteers provide. 

17 (7) Recognizing the Peace Corps’ unique and 

18 effective role in promoting volunteer service by 

19 American citizens, President Obama and Vice Presi20 dent Biden announced their intent to double the size 

21 of Peace Corps in an expeditious and effective man22 ner. 

23 (8) Over 13,000 Americans applied in 2008 to 

24 volunteer their service to serve the world’s poorest 

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1 crease over the nearly 11,000 applications received 

2 in 2007. 

3 (9) Under current funding levels, the Peace 

4 Corps is able to provide new placements for only 

5 one-third of the American applicants seeking the op6 portunity to serve their country and the world. At 

7 the end of fiscal year 2008, there were nearly 8,000 

8 Peace Corps volunteers serving in 76 countries 

9 around the world. 

10 (b) STATEMENT OF POLICY.—It is the policy of the 

11 United States to— 

12 (1) double the number of Peace Corps volun13 teers and strengthen and improve the Peace Corps 

14 and its programs; 

15 (2) improve the coordination of Peace Corps 

16 programs with development programs of other Fed17 eral departments and agencies, without diminishing 

18 the independence of the Peace Corps; and 

19 (3) promote all types of volunteerism by Ameri20 cans in the developing world. 

21 SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT. 

22 (a) PEACE CORPS RESPONSE PROGRAM.—The Peace 

23 Corps Act (22 U.S.C. 2501 et seq.) is amended by insert24 ing after section 5 the following new section: 


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1 ‘‘SEC. 5A. PEACE CORPS RESPONSE PROGRAM. 

2 ‘‘The Director of the Peace Corps is authorized to 

3 establish a special program that assigns returned Peace 

4 Corps volunteers or other volunteers to provide short-term 

5 development or other relief assistance or to otherwise be 

6 assigned or made available to any entity referred to in sub7 section (a)(1) of section 10. The term of such service shall 

8 be less than the term of service of a volunteer under sec9 tion 5. Except to the extent determined necessary and ap10 propriate by the Director, the program established under 

11 this section may not cause a diminution in the number 

12 or quality of projects or volunteers assigned to longer term 

13 assignments under section 5.’’. 

14 (b) COORDINATION OF PEACE CORPS PROGRAMS.— 

15 Paragraph (2) of section 4(c) of the Peace Corps Act (22 

16 U.S.C. 2503(c)) is amended to read as follows: 

17 ‘‘(2) The Director of the Peace Corps shall, as appro18 priate and to the maximum extent practicable without di19 minishing any program or operational independence, work 

20 with the heads of Federal departments and agencies to 

21 identify synergies and avoid duplication of efforts with 

22 Peace Corps programs in the field and at headquarters.’’. 

23 (c) READJUSTMENT ALLOWANCE.—Subsection (c) of 

24 section 5 of the Peace Corps Act (22 U.S.C. 2504(c)) is 

25 amended, in the first sentence, by striking ‘‘$125’’ and 

26 inserting ‘‘$225’’. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

2 3(b)(1) of the Peace Corps Act (22 U.S.C. 2502(b)(1)) 

3 is amended by striking ‘‘$270,000,000’’ and all that fol4 lows through the period at the end and inserting the fol5 lowing: ‘‘$450,000,000 for fiscal year 2010 and such sums 

6 as may be necessary for fiscal year 2011.’’. 

7 SEC. 603. REPORT. 

8 (a) PEACE CORPS RESPONSE PROGRAM REPORT.— 

9 Not later than 1 year after the date of the enactment of 

10 this Act, the Director of the Peace Corps shall submit to 

11 the appropriate congressional committees a report on the 

12 Peace Corps Response Program or any similar program 

13 developed under in accordance with section 5A of the 

14 Peace Corps Act (as added by section 602(a) of this Act), 

15 including information on the following: 

16 (1) The achievements and challenges of the 

17 Peace Corps Response Program or any similar pro18 gram since its inception as the Peace Corps Crisis 

19 Corps in 1996. 

20 (2) The goals, objectives, program areas, and 

21 growth projections for the Peace Corps Response 

22 Program or any similar program from fiscal year 

23 2010 through fiscal year 2011. 


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1 (3) The process and standards for selecting 

2 partner organizations and projects for the Peace 

3 Corps Response Program or any similar program. 

4 (4) The standards and requirements used to se5 lect volunteers for service under the Peace Corps Re6 sponse Program or any similar program. 

7 (5) The measures used to evaluate projects of 

8 the Peace Corps Response Program or any similar 

9 program and the effectiveness of volunteers assigned 

10 to such Program or similar program at achieving 

11 identified objectives. 

12 (b) ANNUAL REPORTS.—Not later than 1 year after 

13 the date of the enactment of this Act and annually there14 after, the Director of the Peace Corps shall submit to the 

15 appropriate congressional committees a report on progress 

16 made in carrying out this title, including efforts to 

17 strengthen coordination between the Peace Corps and 

18 other Federal departments and agencies carrying out de19 velopment assistance programs (as required under para20 graph (2) of section 4(c) of the Peace Corps Act (22 

21 U.S.C. 2503(c)), as amended by section 602(b) of this 

22 Act). 


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1 TITLE VII—SENATOR PAUL 

2 SIMON STUDY ABROAD FOUN3 DATION ACT OF 2009 

4 SEC. 701. SHORT TITLE. 

5 This title may be cited as the ‘‘Senator Paul Simon 

6 Study Abroad Foundation Act of 2009’’. 

7 SEC. 702. FINDINGS. 

8 Congress makes the following findings: 

9 (1) According to former President George W. 

10 Bush, ‘‘America’s leadership and national security 

11 rest on our commitment to educate and prepare our 

12 youth for active engagement in the international 

13 community.’’. 

14 (2) According to former President William J. 

15 Clinton, ‘‘Today, the defense of United States inter16 ests, the effective management of global issues, and 

17 even an understanding of our Nation’s diversity re18 quire ever-greater contact with, and understanding 

19 of, people and cultures beyond our borders.’’. 

20 (3) Congress authorized the establishment of 

21 the Commission on the Abraham Lincoln Study 

22 Abroad Fellowship Program pursuant to section 104 

23 of the Miscellaneous Appropriations and Offsets Act, 

24 2004 (division h of Public Law 108–199). Pursuant 

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1 mitted to Congress and the President a report of its 

2 recommendations for greatly expanding the oppor3 tunity for students at institutions of higher edu4 cation in the United States to study abroad, with 

5 special emphasis on studying in developing nations. 

6 (4) According to the Lincoln Commission, 

7 ‘‘[s]tudy abroad is one of the major means of pro8 ducing foreign language speakers and enhancing for9 eign language learning’’ and, for that reason, ‘‘is 

10 simply essential to the [N]ation’s security.’’. 

11 (5) Studies consistently show that United 

12 States students score below their counterparts in 

13 other advanced countries on indicators of inter14 national knowledge. This lack of global literacy is a 

15 national liability in an age of global trade and busi16 ness, global interdependence, and global terror. 

17 (6) Americans believe that it is important for 

18 their children to learn other languages, study 

19 abroad, attend a college where they can interact with 

20 international students, learn about other countries 

21 and cultures, and generally be prepared for the glob22 al age. 

23 (7) In today’s world, it is more important than 

24 ever for the United States to be a responsible, con25 structive leader that other countries are willing to 


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1 follow. Such leadership cannot be sustained without 

2 an informed citizenry with significant knowledge and 

3 awareness of the world. 

4 (8) Study abroad has proven to be a very effec5 tive means of imparting international and foreign 

6 language competency to students. 

7 (9) In any given year, only approximately 1 

8 percent of all students enrolled in United States in9 stitutions of higher education study abroad. 

10 (10) Less than 10 percent of the students who 

11 graduate from United States institutions of higher 

12 education with bachelors degrees have studied 

13 abroad. 

14 (11) Far more study abroad must take place in 

15 developing countries. Ninety-five percent of the 

16 world’s population growth over the next 50 years 

17 will occur outside of Europe, yet in the academic 

18 year 2004–2005, 60 percent of United States stu19 dents studying abroad studied in Europe, and 45 

20 percent studied in four countries—the United King21 dom, Italy, Spain, and France. 

22 (12) The Final Report of the National Commis23 sion on Terrorist Attacks Upon the United States 

24 (the 9/11 Commission Report) recommended that 

25 the United States increase support for ‘‘scholarship, 


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1 exchange, and library programs’’. The 9/11 Public 

2 Discourse Project, successor to the 9/11 Commis3 sion, noted in its November 14, 2005, status report 

4 that this recommendation was ‘‘unfulfilled,’’ and 

5 stated that ‘‘[t]he U.S. should increase support for 

6 scholarship and exchange programs, our most power7 ful tool to shape attitudes over the course of a gen8 eration.’’. In its December 5, 2005, Final Report on 

9 the 9/11 Commission Recommendations, the 9/11 

10 Public Discourse Project gave the government a 

11 grade of ‘‘D’’ for its implementation of this rec12 ommendation. 

13 (13) Investing in a national study abroad pro14 gram would help turn a grade of ‘‘D’’ into an ‘‘A’’ 

15 by equipping United States students to communicate 

16 United States values and way of life through the 

17 unique dialogue that takes place among citizens 

18 from around the world when individuals study 

19 abroad. 

20 (14) An enhanced national study abroad pro21 gram could help further the goals of other United 

22 States Government initiatives to promote edu23 cational, social, and political reform and the status 

24 of women in developing and reforming societies 


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1 around the world, such as the Middle East Partner2 ship Initiative. 

3 (15) To complement such worthwhile Federal 

4 programs and initiatives as the Benjamin A. Gilman 

5 International Scholarship Program, the National Se6 curity Education Program, and the National Secu7 rity Language Initiative, a broad-based under8 graduate study abroad program is needed that will 

9 make many more study abroad opportunities acces10 sible to all undergraduate students, regardless of 

11 their field of study, ethnicity, socio-economic status, 

12 or gender. 

13 (16) To restore America’s standing in the 

14 world, President Barack Obama has said that he will 

15 call on our nation’s greatest resource, our people, to 

16 reach out to and engage with other nations. 

17 SEC. 703. PURPOSES. 

18 The purposes of this title are— 

19 (1) to significantly enhance the global competi20 tiveness and international knowledge base of the 

21 United States by ensuring that more United States 

22 students have the opportunity to acquire foreign lan23 guage skills and international knowledge through 

24 significantly expanded study abroad; 


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1 (2) to enhance the foreign policy capacity of the 

2 United States by significantly expanding and diversi3 fying the talent pool of individuals with non-tradi4 tional foreign language skills and cultural knowledge 

5 in the United States who are available for recruit6 ment by United States foreign affairs agencies, leg7 islative branch agencies, and nongovernmental orga8 nizations involved in foreign affairs activities; 

9 (3) to ensure that an increasing portion of 

10 study abroad by United States students will take 

11 place in nontraditional study abroad destinations 

12 such as the People’s Republic of China, countries of 

13 the Middle East region, and developing countries; 

14 and 

15 (4) to create greater cultural understanding of 

16 the United States by exposing foreign students and 

17 their families to United States students in countries 

18 that have not traditionally hosted large numbers of 

19 United States students. 

20 SEC. 704. DEFINITIONS. 

21 In this title: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 


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1 (A) the Committee on Foreign Affairs and 

2 the Committee on Appropriations of the House 

3 of Representatives; and 

4 (B) the Committee on Foreign Relations 

5 and the Committee on Appropriations of the 

6 Senate. 

7 (2) BOARD.—The term ‘‘Board’’ means the 

8 Board of Directors of the Foundation established 

9 pursuant to section 705(d). 

10 (3) CHIEF EXECUTIVE OFFICER.—The term 

11 ‘‘Chief Executive Officer’’ means the chief executive 

12 officer of the Foundation appointed pursuant to sec13 tion 705(c). 

14 (4) FOUNDATION.—The term ‘‘Foundation’’ 

15 means the Senator Paul Simon Study Abroad Foun16 dation established by section 705(a). 

17 (5) INSTITUTION OF HIGHER EDUCATION.—The 

18 term ‘‘institution of higher education’’ has the 

19 meaning given the term in section 101(a) of the 

20 Higher Education Act of 1965 (20 U.S.C. 1001(a)). 

21 (6) NATIONAL OF THE UNITED STATES.—The 

22 term ‘‘national of the United States’’ means a na23 tional of the United States or an alien lawfully ad24 mitted for permanent residence (as those terms are 


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1 defined in section 101 of the Immigration and Na2 tionality Act (8 U.S.C. 1101)). 

3 (7) NONTRADITIONAL STUDY ABROAD DESTINA4 TION.—The term ‘‘nontraditional study abroad des5 tination’’ means a location that is determined by the 

6 Foundation to be a less common destination for 

7 United States students who study abroad. 

8 (8) STUDY ABROAD.—The term ‘‘study abroad’’ 

9 means an educational program of study, work, re10 search, internship, or combination thereof that is 

11 conducted outside the United States and that carries 

12 academic credit toward fulfilling the participating 

13 student’s degree requirements. 

14 (9) UNITED STATES.—The term ‘‘United 

15 States’’ means any of the several States, the District 

16 of Columbia, Puerto Rico, the Northern Mariana Is17 lands, the Virgin Islands, Guam, American Samoa, 

18 and any other territory or possession of the United 

19 States. 

20 (10) UNITED STATES STUDENT.—The term 

21 ‘‘United States student’’ means a national of the 

22 United States who is enrolled at an institution of 

23 higher education located within the United States. 


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1 SEC. 705. ESTABLISHMENT AND MANAGEMENT OF THE 

2 SENATOR PAUL SIMON STUDY ABROAD FOUN3 DATION. 

4 (a) ESTABLISHMENT.— 

5 (1) IN GENERAL.—There is established in the 

6 executive branch a corporation to be known as the 

7 ‘‘Senator Paul Simon Study Abroad Foundation’’ 

8 that shall be responsible for carrying out this title. 

9 The Foundation shall be a government corporation, 

10 as defined in section 103 of title 5, United States 

11 Code. 

12 (2) BOARD OF DIRECTORS.—The Foundation 

13 shall be governed by a Board of Directors in accord14 ance with subsection (d). 

15 (3) INTENT OF CONGRESS.—It is the intent of 

16 Congress in establishing the structure of the Foun17 dation set forth in this subsection to create an entity 

18 that will administer a study abroad program that— 

19 (A) serves the long-term foreign policy and 

20 national security needs of the United States; 

21 but 

22 (B) operates independently of short-term 

23 political and foreign policy considerations. 

24 (b) MANDATE OF FOUNDATION.—In administering 

25 the program referred to in subsection (a)(3), the Founda26 tion shall— 


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1 (1) promote the objectives and purposes of this 

2 title; 

3 (2) through responsive, flexible grant-making, 

4 promote access to study abroad opportunities by 

5 United States students at diverse institutions of 

6 higher education, including 2-year institutions, mi7 nority-serving institutions, and institutions that 

8 serve nontraditional students, and 4-year colleges 

9 and universities demonstrating an institutional com10 mitment to increasing study abroad participation; 

11 (3) through creative grant-making, promote ac12 cess to study abroad opportunities by diverse United 

13 States students, including minority students, stu14 dents of limited financial means, and nontraditional 

15 students; 

16 (4) solicit funds from the private sector to sup17 plement funds made available under this title; and 

18 (5) minimize administrative costs and maximize 

19 the availability of funds for grants under this title. 

20 (c) CHIEF EXECUTIVE OFFICER.— 

21 (1) IN GENERAL.—There shall be in the Foun22 dation a Chief Executive Officer who shall be re23 sponsible for the management of the Foundation. 

24 (2) APPOINTMENT.—The Chief Executive Offi25 cer shall be appointed by the Board and shall be a 


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1 recognized leader in higher education, business, or 

2 foreign policy, chosen on the basis of a rigorous 

3 search. 

4 (3) RELATIONSHIP TO BOARD.—The Chief Ex5 ecutive Officer shall report to and be under the di6 rect authority of the Board. 

7 (4) COMPENSATION AND RANK.— 

8 (A) IN GENERAL.—The Chief Executive 

9 Officer shall be compensated at the rate pro10 vided for level IV of the Executive Schedule 

11 under section 5315 of title 5, United States 

12 Code. 

13 (B) AMENDMENT.—Section 5315 of title 

14 5, United States Code, is amended by adding at 

15 the end the following: 

16 ‘‘Chief Executive Officer, Senator Paul Simon 

17 Study Abroad Foundation.’’. 

18 (5) AUTHORITIES AND DUTIES.—The Chief Ex19 ecutive Officer shall be responsible for the manage20 ment of the Foundation and shall exercise the pow21 ers and discharge the duties of the Foundation. 

22 (6) AUTHORITY TO APPOINT OFFICERS.—In 

23 consultation and with approval of the Board, the 

24 Chief Executive Officer shall appoint all officers of 

25 the Foundation. 


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1 (d) BOARD OF DIRECTORS.— 

2 (1) ESTABLISHMENT.—There shall be in the 

3 Foundation a Board of Directors. 

4 (2) DUTIES.—The Board shall perform the 

5 functions specified to be carried out by the Board in 

6 this title and may prescribe, amend, and repeal by7 laws, rules, regulations, and procedures governing 

8 the manner in which the business of the Foundation 

9 may be conducted and in which the powers granted 

10 to it by law may be exercised. 

11 (3) MEMBERSHIP.—The Board shall consist 

12 of— 

13 (A) the Secretary of State (or the Sec14 retary’s designee), the Secretary of Education 

15 (or the Secretary’s designee), the Secretary of 

16 Defense (or the Secretary’s designee), and the 

17 Administrator of the United States Agency for 

18 International Development (or the Administra19 tor’s designee); and 

20 (B) five other individuals with relevant ex21 perience in matters relating to study abroad 

22 (such as individuals who represent institutions 

23 of higher education, business organizations, for24 eign policy organizations, or other relevant or25 ganizations) who shall be appointed by the 


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1 President, by and with the advice and consent 

2 of the Senate, of which— 

3 (i) one individual shall be appointed 

4 from among a list of individuals submitted 

5 by the Speaker of the House of Represent6 atives; 

7 (ii) one individual shall be appointed 

8 from among a list of individuals submitted 

9 by the minority leader of the House of 

10 Representatives; 

11 (iii) one individual shall be appointed 

12 from among a list of individuals submitted 

13 by the majority leader of the Senate; and 

14 (iv) one individual shall be appointed 

15 from among a list of individuals submitted 

16 by the minority leader of the Senate. 

17 (4) CHIEF EXECUTIVE OFFICER.—The Chief 

18 Executive Officer of the Foundation shall serve as a 

19 non-voting, ex-officio member of the Board. 

20 (5) TERMS.— 

21 (A) OFFICERS OF THE FEDERAL GOVERN22 MENT.—Each member of the Board described 

23 in paragraph (3)(A) shall serve for a term that 

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1 dividual’s position as an officer within the other 

2 Federal department or agency. 

3 (B) OTHER MEMBERS.—Each member of 

4 the Board described in paragraph (3)(B) shall 

5 be appointed for a term of 3 years and may be 

6 reappointed for one additional 3-year term. 

7 (C) VACANCIES.—A vacancy in the Board 

8 shall be filled in the manner in which the origi9 nal appointment was made. 

10 (6) CHAIRPERSON.—There shall be a Chair11 person of the Board. The Secretary of State (or the 

12 Secretary’s designee) shall serve as the Chairperson. 

13 (7) QUORUM.—A majority of the members of 

14 the Board described in paragraph (3) shall con15 stitute a quorum, which, except with respect to a 

16 meeting of the Board during the 135-day period be17 ginning on the date of the enactment of this Act, 

18 shall include at least one member of the Board de19 scribed in paragraph (3)(B). 

20 (8) MEETINGS.—The Board shall meet at the 

21 call of the Chairperson. 

22 (9) COMPENSATION.— 

23 (A) OFFICERS OF THE FEDERAL GOVERN24 MENT.— 


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1 (i) IN GENERAL.—A member of the 

2 Board described in paragraph (3)(A) may 

3 not receive additional pay, allowances, or 

4 benefits by reason of the member’s service 

5 on the Board. 

6 (ii) TRAVEL EXPENSES.—Each such 

7 member of the Board shall receive travel 

8 expenses, including per diem in lieu of sub9 sistence, in accordance with applicable pro10 visions under subchapter I of chapter 57 of 

11 title 5, United States Code. 

12 (B) OTHER MEMBERS.— 

13 (i) IN GENERAL.—Except as provided 

14 in clause (ii), a member of the Board de15 scribed in paragraph (3)(B) while away 

16 from the member’s home or regular place 

17 of business on necessary travel in the ac18 tual performance of duties as a member of 

19 the Board, shall be paid per diem, travel, 

20 and transportation expenses in the same 

21 manner as is provided under subchapter I 

22 of chapter 57 of title 5, United States 

23 Code. 

24 (ii) LIMITATION.—A member of the 

25 Board may not be paid compensation 


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1 under clause (i) for more than 90 days in 

2 any calendar year. 

3 SEC. 706. ESTABLISHMENT AND OPERATION OF PROGRAM. 

4 (a) ESTABLISHMENT OF THE PROGRAM.—There is 

5 hereby established a program, which shall— 

6 (1) be administered by the Foundation; and 

7 (2) award grants to— 

8 (A) United States students for study 

9 abroad; 

10 (B) nongovernmental institutions that pro11 vide and promote study abroad opportunities 

12 for United States students, in consortium with 

13 institutions described in subparagraph (C); and 

14 (C) institutions of higher education, indi15 vidually or in consortium, in order to accom16 plish the objectives set forth in subsection (b). 

17 (b) OBJECTIVES.—The objectives of the program es18 tablished under subsection (a) are that, within 10 years 

19 of the date of the enactment of this Act— 

20 (1) not less than 1,000,000 undergraduate 

21 United States students will study abroad annually 

22 for credit; 

23 (2) the demographics of study-abroad participa24 tion will reflect the demographics of the United 

25 States undergraduate population, including students 


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1 enrolled in community colleges, minority-serving in2 stitutions, and institutions serving large numbers of 

3 low-income and first-generation students; and 

4 (3) an increasing portion of study abroad will 

5 take place in nontraditional study abroad destina6 tions, with a substantial portion of such increases 

7 taking place in developing countries. 

8 (c) MANDATE OF THE PROGRAM.—In order to ac9 complish the objectives set forth in subsection (b), the 

10 Foundation shall, in administering the program estab11 lished under subsection (a), take fully into account the rec12 ommendations of the Commission on the Abraham Lincoln 

13 Study Abroad Fellowship Program (established pursuant 

14 to section 104 of the Miscellaneous Appropriations and 

15 Offsets Act, 2004 (division H of Public Law 108–199)). 

16 (d) STRUCTURE OF GRANTS.— 

17 (1) PROMOTING REFORM.—In accordance with 

18 the recommendations of the Commission on the 

19 Abraham Lincoln Study Abroad Fellowship Pro20 gram, grants awarded under the program estab21 lished under subsection (a) shall be structured to the 

22 maximum extent practicable to promote appropriate 

23 reforms in institutions of higher education in order 

24 to remove barriers to participation by students in 

25 study abroad. 


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1 (2) GRANTS TO INDIVIDUALS AND INSTITU2 TIONS.—It is the sense of Congress that— 

3 (A) the Foundation should award not more 

4 than 25 percent of the funds awarded as grants 

5 to individuals described in subparagraph (A) of 

6 subsection (a)(2) and not less than 75 percent 

7 of such funds to institutions described in sub8 paragraphs (B) and (C) of such subsection; and 

9 (B) the Foundation should ensure that not 

10 less than 85 percent of the amount awarded to 

11 such institutions is used to award scholarships 

12 to students. 

13 (e) BALANCE OF LONG-TERM AND SHORT-TERM

14 STUDY ABROAD PROGRAMS.—In administering the pro15 gram established under subsection (a), the Foundation 

16 shall seek an appropriate balance between— 

17 (1) longer-term study abroad programs, which 

18 maximize foreign-language learning and intercultural 

19 understanding; and 

20 (2) shorter-term study abroad programs, which 

21 maximize the accessibility of study abroad to non22 traditional students. 

23 (f) QUALITY AND SAFETY IN STUDY ABROAD.—In 

24 administering the program established under subsection 


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1 (a), the Foundation shall require that institutions receiv2 ing grants demonstrate that— 

3 (1) the study abroad programs for which stu4 dents receive grant funds are for academic credit; 

5 and 

6 (2) the programs have established health and 

7 safety guidelines and procedures. 

8 SEC. 707. ANNUAL REPORT. 

9 (a) REPORT REQUIRED.—Not later than December 

10 15, 2010, and each December 15 thereafter, the Founda11 tion shall submit to the appropriate congressional commit12 tees a report on the implementation of this title during 

13 the prior fiscal year. 

14 (b) CONTENTS.—The report required by subsection 

15 (a) shall include— 

16 (1) the total financial resources available to the 

17 Foundation during the year, including appropriated 

18 funds, the value and source of any gifts or donations 

19 accepted pursuant to section 708(a)(6), and any 

20 other resources; 

21 (2) a description of the Board’s policy priorities 

22 for the year and the bases upon which grant pro23 posals were solicited and awarded to institutions of 

24 higher education, nongovernmental institutions, and 


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1 consortiums pursuant to sections 706(a)(2)(B) and 

2 706(a)(2)(C); 

3 (3) a list of grants made to institutions of high4 er education, nongovernmental institutions, and con5 sortiums pursuant to sections 706(a)(2)(B) and 

6 706(a)(2)(C) that includes the identity of the insti7 tutional recipient, the dollar amount, the estimated 

8 number of study abroad opportunities provided to 

9 United States students by each grant, the amount of 

10 the grant used by each institution for administrative 

11 expenses, and information on cost-sharing by each 

12 institution receiving a grant; 

13 (4) a description of the bases upon which the 

14 Foundation made grants directly to United States 

15 students pursuant to section 706(a)(2)(A); 

16 (5) the number and total dollar amount of 

17 grants made directly to United States students by 

18 the Foundation pursuant to section 706(a)(2)(A); 

19 and 

20 (6) the total administrative and operating ex21 penses of the Foundation for the year, as well as 

22 specific information on— 

23 (A) the number of Foundation employees 

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1 bers, Foundation employees, and personal serv2 ice contractors; 

3 (B) costs associated with securing the use 

4 of real property for carrying out the functions 

5 of the Foundation; 

6 (C) total travel expenses incurred by Board 

7 members and Foundation employees in connec8 tion with Foundation activities; and 

9 (D) total representational expenses. 

10 SEC. 708. POWERS OF THE FOUNDATION; RELATED PROVI11 SIONS. 

12 (a) POWERS.—The Foundation— 

13 (1) shall have perpetual succession unless dis14 solved by a law enacted after the date of the enact15 ment of this Act; 

16 (2) may adopt, alter, and use a seal, which shall 

17 be judicially noticed; 

18 (3) may make and perform such contracts, 

19 grants, and other agreements with any person or 

20 government however designated and wherever situ21 ated, as may be necessary for carrying out the func22 tions of the Foundation; 

23 (4) may determine and prescribe the manner in 

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1 penses allowed and paid, including expenses for rep2 resentation; 

3 (5) may lease, purchase, or otherwise acquire, 

4 improve, and use such real property wherever situ5 ated, as may be necessary for carrying out the func6 tions of the Foundation; 

7 (6) may accept cash gifts or donations of serv8 ices or of property (real, personal, or mixed), tan9 gible or intangible, for the purpose of carrying out 

10 the provisions of this title; 

11 (7) may use the United States mails in the 

12 same manner and on the same conditions as the ex13 ecutive departments; 

14 (8) may contract with individuals for personal 

15 services, who shall not be considered Federal em16 ployees for any provision of law administered by the 

17 Office of Personnel Management; 

18 (9) may hire or obtain passenger motor vehi19 cles; and 

20 (10) shall have such other powers as may be 

21 necessary and incident to carrying out this title. 

22 (b) PRINCIPAL OFFICE.—The Foundation shall 

23 maintain its principal office in the metropolitan area of 

24 Washington, District of Columbia. 


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1 (c) APPLICABILITY OF GOVERNMENT CORPORATION

2 CONTROL ACT.— 

3 (1) IN GENERAL.—The Foundation shall be 

4 subject to chapter 91 of subtitle VI of title 31, 

5 United States Code, except that the Foundation 

6 shall not be authorized to issue obligations or offer 

7 obligations to the public. 

8 (2) CONFORMING AMENDMENT.—Section 

9 9101(3) of title 31, United States Code, is amended 

10 by adding at the end the following new subpara11 graph: 

12 ‘‘(S) the Senator Paul Simon Study 

13 Abroad Foundation.’’. 

14 (d) INSPECTOR GENERAL.— 

15 (1) IN GENERAL.—The Inspector General of 

16 the Department of State shall serve as Inspector 

17 General of the Foundation, and, in acting in such 

18 capacity, may conduct reviews, investigations, and 

19 inspections of all aspects of the operations and ac20 tivities of the Foundation. 

21 (2) AUTHORITY OF THE BOARD.—In carrying 

22 out the responsibilities under this subsection, the In23 spector General shall report to and be under the 

24 general supervision of the Board. 


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1 (3) REIMBURSEMENT AND AUTHORIZATION OF

2 SERVICES.— 

3 (A) REIMBURSEMENT.—The Foundation 

4 shall reimburse the Department of State for all 

5 expenses incurred by the Inspector General in 

6 connection with the Inspector General’s respon7 sibilities under this subsection. 

8 (B) AUTHORIZATION FOR SERVICES.—Of 

9 the amount authorized to be appropriated 

10 under section 711(a) for a fiscal year, up to 

11 $2,000,000 is authorized to be made available 

12 to the Inspector General of the Department of 

13 State to conduct reviews, investigations, and in14 spections of operations and activities of the 

15 Foundation. 

16 SEC. 709. GENERAL PERSONNEL AUTHORITIES. 

17 (a) DETAIL OF PERSONNEL.—Upon request of the 

18 Chief Executive Officer, the head of an agency may detail 

19 any employee of such agency to the Foundation on a reim20 bursable basis. Any employee so detailed remains, for the 

21 purpose of preserving such employee’s allowances, privi22 leges, rights, seniority, and other benefits, an employee of 

23 the agency from which detailed. 

24 (b) REEMPLOYMENT RIGHTS.— 


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1 (1) IN GENERAL.—An employee of an agency 

2 who is serving under a career or career conditional 

3 appointment (or the equivalent), and who, with the 

4 consent of the head of such agency, transfers to the 

5 Foundation, is entitled to be reemployed in such em6 ployee’s former position or a position of like senior7 ity, status, and pay in such agency, if such em8 ployee— 

9 (A) is separated from the Foundation for 

10 any reason, other than misconduct, neglect of 

11 duty, or malfeasance; and 

12 (B) applies for reemployment not later 

13 than 90 days after the date of separation from 

14 the Foundation. 

15 (2) SPECIFIC RIGHTS.—An employee who satis16 fies paragraph (1) is entitled to be reemployed (in 

17 accordance with such paragraph) within 30 days 

18 after applying for reemployment and, on reemploy19 ment, is entitled to at least the rate of basic pay to 

20 which such employee would have been entitled had 

21 such employee never transferred. 

22 (c) HIRING AUTHORITY.—Of persons employed by 

23 the Foundation, not to exceed 20 persons may be ap24 pointed, compensated, or removed without regard to the 

25 civil service laws and regulations. 


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1 (d) BASIC PAY.—The Chief Executive Officer may fix 

2 the rate of basic pay of employees of the Foundation with3 out regard to the provisions of chapter 51 of title 5, 

4 United States Code (relating to the classification of posi5 tions), subchapter III of chapter 53 of such title (relating 

6 to General Schedule pay rates), except that no employee 

7 of the Foundation may receive a rate of basic pay that 

8 exceeds the rate for level IV of the Executive Schedule 

9 under section 5315 of such title. 

10 (e) DEFINITIONS.—In this section— 

11 (1) the term ‘‘agency’’ means an executive 

12 agency, as defined by section 105 of title 5, United 

13 States Code; and 

14 (2) the term ‘‘detail’’ means the assignment or 

15 loan of an employee, without a change of position, 

16 from the agency by which such employee is employed 

17 to the Foundation. 

18 SEC. 710. GAO REVIEW. 

19 (a) REVIEW REQUIRED.—Not later than 2 years 

20 after the date of the enactment of this Act, the Comp21 troller General of the United States shall commence a re22 view of the operations of the Foundation. 

23 (b) CONTENT.—In conducting the review required 

24 under subsection (a), the Comptroller General shall ana25 lyze— 


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1 (1) whether the Foundation is organized and 

2 operating in a manner that will permit it to fulfill 

3 the purposes of this section, as set forth in section 

4 603; 

5 (2) the degree to which the Foundation is oper6 ating efficiently and in a manner consistent with the 

7 requirements of paragraphs (4) and (5) of section 

8 605(b); 

9 (3) whether grant-making by the Foundation is 

10 being undertaken in a manner consistent with sub11 sections (d), (e), and (f) of section 606; 

12 (4) the extent to which the Foundation is using 

13 best practices in the implementation of this Act and 

14 the administration of the program described in sec15 tion 606; and 

16 (5) other relevant matters, as determined by 

17 the Comptroller General, after consultation with the 

18 appropriate congressional committees. 

19 (c) REPORT REQUIRED.—The Comptroller General 

20 shall submit a report on the results of the review con21 ducted under subsection (a) to the Secretary of State (in 

22 the capacity of the Secretary as Chairperson of the Board 

23 of the Foundation) and to the appropriate congressional 

24 committees. 


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1 SEC. 711. AUTHORIZATION OF APPROPRIATIONS. 

2 (a) AUTHORIZATION OF APPROPRIATIONS.— 

3 (1) IN GENERAL.—There are authorized to be 

4 appropriated to carry out this title $40,000,000 for 

5 fiscal year 2010 and $80,000,000 for fiscal year 

6 2011. 

7 (2) AMOUNTS IN ADDITION TO OTHER AVAIL8 ABLE AMOUNTS.—Amounts authorized to be appro9 priated by paragraph (1) are in addition to amounts 

10 authorized to be appropriated or otherwise made 

11 available for educational exchange programs, includ12 ing the J. William Fulbright Educational Exchange 

13 Program and the Benjamin A. Gilman International 

14 Scholarship Program, administered by the Bureau of 

15 Educational and Cultural Affairs of the Department 

16 of State. 

17 (b) ALLOCATION OF FUNDS.— 

18 (1) IN GENERAL.—The Foundation may allo19 cate or transfer to any agency of the United States 

20 Government any of the funds available for carrying 

21 out this Act. Such funds shall be available for obli22 gation and expenditure for the purposes for which 

23 the funds were authorized, in accordance with au24 thority granted in this Act or under authority gov25 erning the activities of the United States GovernVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 ment agency to which such funds are allocated or 

2 transferred. 

3 (2) NOTIFICATION.—The Foundation shall no4 tify the appropriate congressional committees not 

5 less than 15 days prior to an allocation or transfer 

6 of funds pursuant to paragraph (1). 

7 TITLE VIII—EXPORT CONTROL 

8 REFORM AND SECURITY AS9 SISTANCE 

10 Subtitle A—Defense Trade Controls 

11 Performance Improvement Act 

12 of 2009 

13 SEC. 801. SHORT TITLE. 

14 This subtitle may be cited as the ‘‘Defense Trade 

15 Controls Performance Improvement Act of 2009’’. 

16 SEC. 802. FINDINGS. 

17 Congress finds the following: 

18 (1) In a time of international terrorist threats 

19 and a dynamic global economic and security environ20 ment, United States policy with regard to export 

21 controls is in urgent need of a comprehensive review 

22 in order to ensure such controls are protecting the 

23 national security and foreign policy interests of the 

24 United States. 


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1 (2) In January 2007, the Government Account2 ability Office designated the effective identification 

3 and protection of critical technologies as a govern4 ment-wide, high-risk area, warranting a strategic re5 examination of existing programs, including pro6 grams relating to arms export controls. 

7 (3) Federal Government agencies must review 

8 licenses for export of munitions in a thorough and 

9 timely manner to ensure that the United States is 

10 able to assist United States allies and to prevent nu11 clear and conventional weapons from getting into the 

12 hands of enemies of the United States. 

13 (4) Both staffing and funding that relate to the 

14 Department of State’s arms export control respon15 sibilities have not kept pace with the increased work16 load relating to such responsibilities, especially dur17 ing the current decade. 

18 (5) Outsourcing and off-shoring of defense pro19 duction and the policy of many United States trad20 ing partners to require offsets for major sales of de21 fense and aerospace articles present a potential 

22 threat to United States national security and eco23 nomic well-being and serve to weaken the defense in24 dustrial base. 


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1 (6) Export control policies can have a negative 

2 impact on United States employment, nonprolifera3 tion goals, and the health of the defense industrial 

4 base, particularly when facilitating the overseas 

5 transfer of technology or production and other forms 

6 of outsourcing, such as offsets (direct and indirect), 

7 co-production, subcontracts, overseas investment and 

8 joint ventures in defense and commercial industries. 

9 Federal Government agencies must develop new and 

10 effective procedures for ensuring that export control 

11 systems address these problems and the threat they 

12 pose to national security. 

13 (7) In the report to Congress required by the 

14 Conference Report (Report 109–272) accompanying 

15 the bill, H.R. 2862 (the Science, State, Justice, 

16 Commerce and Related Agencies Appropriations Act, 

17 2006; Public Law 109–108), the Department of 

18 State concluded that— 

19 (A) defense trade licensing has become 

20 much more complex in recent years as a con21 sequence of the increasing globalization of the 

22 defense industry; 

23 (B) the most important challenge to the 

24 Department of State’s licensing process has 

25 been the sheer growth in volume of applicants 


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1 for licenses and agreements, without the cor2 responding increase in licensing officers; and 

3 (C) the increase in licensing volume with4 out a corresponding increase in trained and ex5 perienced personnel has resulted in delays and 

6 increased processing times. 

7 (8) In 2006, the Department of State processed 

8 over three times as many licensing applications as 

9 the Department of Commerce with about a fifth of 

10 the staff of the Department of Commerce. 

11 (9) On July 27, 2007, in testimony delivered to 

12 the Subcommittee on Terrorism, Nonproliferation 

13 and Trade of the Committee on Foreign Affairs of 

14 the House of Representatives to examine the effec15 tiveness of the United States export control regime, 

16 the Government Accountability Office found that— 

17 (A) the United States Government needs 

18 to conduct assessments to determine its overall 

19 effectiveness in the area of arms export control; 

20 and 

21 (B) the processing times of the Depart22 ment of State doubled over the period from 

23 2002 to 2006. 

24 (10)(A) Allowing a continuation of the status 

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1 timately harm the United States defense industrial 

2 base. The 2007 Institute for Defense Analysis report 

3 entitled ‘‘Export Controls and the U.S. Defense In4 dustrial Base’’ found that the large backlog and long 

5 processing times by the Department of State for ap6 plications for licenses to export defense items led to 

7 an impairment of United States firms in some sec8 tors to conduct global business relative to foreign 

9 competitors. 

10 (B) Additionally, the report found that United 

11 States commercial firms have been reluctant to en12 gage in research and development activities for the 

13 Department of Defense because this raises the fu14 ture prospects that the products based on this re15 search and development, even if intrinsically com16 mercial, will be saddled by Department of State mu17 nitions controls due to the link to that research. 

18 (11) According to the Department of State’s 

19 fiscal year 2008 budget justification to Congress, 

20 commercial exports licensed or approved under the 

21 Arms Export Control Act exceeded 

22 $30,000,000,000, with nearly 80 percent of these 

23 items exported to United States NATO allies and 

24 other major non-NATO allies. 


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1 (12) A Government Accountability Office report 

2 of October 9, 2001 (GAO–02–120), documented am3 biguous export control jurisdiction affecting 25 per4 cent of the items that the United States Government 

5 agreed to control as part of its commitments to the 

6 Missile Technology Control Regime. The United 

7 States Government has not clearly determined which 

8 department has jurisdiction over these items, which 

9 increases the risk that these items will fall into the 

10 wrong hands. During both the 108th, 109th, and 

11 110th Congresses, the House of Representatives 

12 passed legislation mandating that the Administra13 tion clarify this issue. 

14 (13) During 2007 and 2008, the management 

15 and staff of the Directorate of Defense Trade Con16 trols of the Department of State have, through ex17 traordinary effort and dedication, eliminated the 

18 large backlog of open applications and have reduced 

19 average processing times for license applications; 

20 however, the Directorate remains understaffed and 

21 long delays remain for complicated cases. 

22 SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE 

23 UNITED STATES EXPORT CONTROLS SYSTEM. 

24 (a) REVIEW AND ASSESSMENT.— 


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1 (1) IN GENERAL.—Not later than March 31, 

2 2010, the President shall conduct a comprehensive 

3 and systematic review and assessment of the United 

4 States arms export controls system in the context of 

5 the national security interests and strategic foreign 

6 policy objectives of the United States. 

7 (2) ELEMENTS.—The review and assessment 

8 required under paragraph (1) shall— 

9 (A) determine the overall effectiveness of 

10 the United States arms export controls system 

11 in order to, where appropriate, strengthen con12 trols, improve efficiency, and reduce unneces13 sary redundancies across Federal Government 

14 agencies, through administrative actions, in15 cluding regulations, and to formulate legislative 

16 proposals for new authorities that are needed; 

17 (B) develop processes to ensure better co18 ordination of arms export control activities of 

19 the Department of State with activities of other 

20 departments and agencies of the United States 

21 that are responsible for enforcing United States 

22 arms export control laws; 

23 (C) ensure that weapons-related nuclear 

24 technology, other technology related to weapons 

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1 sile Technology Control Regime Annex are sub2 ject to stringent control by the United States 

3 Government; 

4 (D) determine the overall effect of arms 

5 export controls on counterterrorism, law en6 forcement, and infrastructure protection mis7 sions of the Department of Homeland Security; 

8 (E) determine the effects of export controls 

9 policies and the practices of the export control 

10 agencies on the United States defense industrial 

11 base and United States employment in the in12 dustries affected by export controls; 

13 (F) contain a detailed summary of known 

14 attempts by unauthorized end-users (such as 

15 international arms traffickers, foreign intel16 ligence agencies, and foreign terrorist organiza17 tions) to acquire items on the United States 

18 Munitions List and related technical data, in19 cluding— 

20 (i) data on— 

21 (I) commodities sought, such as 

22 M–4 rifles, night vision devices, F–14 

23 spare parts; 


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1 (II) parties involved, such as the 

2 intended end-users, brokers, con3 signees, and shippers; 

4 (III) attempted acquisition of 

5 technology and technical data critical 

6 to manufacture items on the United 

7 States Munitions List; 

8 (IV) destination countries and 

9 transit countries; 

10 (V) modes of transport; 

11 (VI) trafficking methods, such as 

12 use of false documentation and front 

13 companies registered under flags of 

14 convenience; 

15 (VII) whether the attempted il16 licit transfer was successful; and 

17 (VIII) any administrative or 

18 criminal enforcement actions taken by 

19 the United States and any other gov20 ernment in relation to the attempted 

21 illicit transfer; 

22 (ii) a thorough evaluation of the Blue 

23 Lantern Program, including the adequacy 

24 of current staffing and funding levels; 


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1 (iii) a detailed analysis of licensing ex2 emptions and their successful exploitation 

3 by unauthorized end-users; and 

4 (iv) an examination of the extent to 

5 which the increased tendency toward out6 sourcing and off-shoring of defense produc7 tion harm United States national security 

8 and weaken the defense industrial base, in9 cluding direct and indirect impact on em10 ployment, and formulate policies to address 

11 these trends as well as the policy of some 

12 United States trading partners to require 

13 offsets for major sales of defense articles; 

14 and 

15 (G) assess the extent to which export con16 trol policies and practices under the Arms Ex17 port Control Act promote the protection of 

18 basic human rights. 

19 (b) CONGRESSIONAL BRIEFINGS.—The President 

20 shall provide periodic briefings to the appropriate congres21 sional committees on the progress of the review and as22 sessment conducted under subsection (a). The require23 ment to provide congressional briefings under this sub24 section shall terminate on the date on which the President 


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1 transmits to the appropriate congressional committees the 

2 report required under subsection (c). 

3 (c) REPORT.—Not later than 18 months after the 

4 date of the enactment of this Act, the President shall 

5 transmit to the appropriate congressional committees and 

6 the Committee on Armed Services of the House of Rep7 resentatives and the Committee on Armed Services of the 

8 Senate a report that contains the results of the review and 

9 assessment conducted under subsection (a). The report re10 quired by this subsection shall contain a certification that 

11 the requirement of subsection (a)(2)(C) has been met, or 

12 if the requirement has not been met, the reasons therefor. 

13 The report required by this subsection shall be submitted 

14 in unclassified form, but may contain a classified annex, 

15 if necessary. 

16 SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF AP17 PLICATIONS FOR LICENSES TO EXPORT 

18 ITEMS ON UNITED STATES MUNITIONS LIST. 

19 (a) IN GENERAL.—The Secretary of State, acting 

20 through the head of the Directorate of Defense Trade 

21 Controls of the Department of State, shall establish and 

22 maintain the following goals: 

23 (1) The processing time for review of each ap24 plication for a license to export items on the United 

25 States Munitions List (other than a Manufacturing 


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1 License Agreement) shall be not more than 60 days 

2 from the date of receipt of the application. 

3 (2) The processing time for review of each ap4 plication for a commodity jurisdiction determination 

5 shall be not more than 60 days from the date of re6 ceipt of the application. 

7 (3) The total number of applications described 

8 in paragraph (1) that are unprocessed shall be not 

9 more than 7 percent of the total number of such ap10 plications submitted in the preceding calendar year. 

11 (b) ADDITIONAL REVIEW.—(1) If an application de12 scribed in paragraph (1) or (2) of subsection (a) is not 

13 processed within the time period described in the respec14 tive paragraph of such subsection, then the Managing Di15 rector of the Directorate of Defense Trade Controls or the 

16 Deputy Assistant Secretary for Defense Trade and Re17 gional Security of the Department of State, as appro18 priate, shall review the status of the application to deter19 mine if further action is required to process the applica20 tion. 

21 (2) If an application described in paragraph (1) or 

22 (2) of subsection (a) is not processed within 90 days from 

23 the date of receipt of the application, then the Assistant 

24 Secretary for Political-Military Affairs of the Department 

25 of State shall— 


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1 (A) review the status of the application to de2 termine if further action is required to process the 

3 application; and 

4 (B) submit to the appropriate congressional 

5 committees a notification of the review conducted 

6 under subparagraph (A), including a description of 

7 the application, the reason for delay in processing 

8 the application, and a proposal for further action to 

9 process the application. 

10 (3) For each calendar year, the Managing Director 

11 of the Directorate of Defense Trade Controls shall review 

12 not less than 2 percent of the total number of applications 

13 described in paragraphs (1) and (2) of subsection (a) to 

14 ensure that the processing of such applications, including 

15 decisions to approve, deny, or return without action, is 

16 consistent with both policy and regulatory requirements 

17 of the Department of State. 

18 (c) STATEMENTS OF POLICY.— 

19 (1) UNITED STATES ALLIES.—Congress states 

20 that— 

21 (A) it shall be the policy of the Directorate 

22 of Defense Trade Controls of the Department 

23 of State to ensure that, to the maximum extent 

24 practicable, the processing time for review of 

25 applications described in subsection (a)(1) to 


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1 export items that are not subject to the require2 ments of section 36 (b) or (c) of the Arms Ex3 port Control Act (22 U.S.C. 2776 (b) or (c)) to 

4 United States allies in direct support of combat 

5 operations or peacekeeping or humanitarian op6 erations with United States Armed Forces is 

7 not more than 7 days from the date of receipt 

8 of the application; and 

9 (B) it shall be the goal, as appropriate, of 

10 the Directorate of Defense Trade Controls to 

11 ensure that, to the maximum extent practicable, 

12 the processing time for review of applications 

13 described in subsection (a)(1) to export items 

14 that are not subject to the requirements of sec15 tion 36 (b) or (c) of the Arms Export Control 

16 Act to government security agencies of United 

17 States NATO allies, Australia, New Zealand, 

18 Japan, South Korea, Israel, and, as appro19 priate, other major non-NATO allies for any 

20 purpose other than the purpose described in 

21 paragraph (1) is not more than 30 days from 

22 the date of receipt of the application. 

23 (2) PRIORITY FOR APPLICATIONS FOR EXPORT

24 OF U.S.-ORIGIN EQUIPMENT.—In meeting the goals 

25 established by this section, it shall be the policy of 


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1 the Directorate of Defense Trade Controls of the 

2 Department of State to prioritize the processing of 

3 applications for licenses and agreements necessary 

4 for the export of United States-origin equipment 

5 over applications for Manufacturing License Agree6 ments. 

7 (d) REPORT.—Not later than December 31, 2011, 

8 and December 31, 2012, the Secretary of State shall sub9 mit to the appropriate congressional committees a report 

10 that contains a detailed description of— 

11 (1)(A) the average processing time for and 

12 number of applications described in subsection 

13 (a)(1) to— 

14 (i) United States NATO allies, Australia, 

15 New Zealand, Japan, South Korea, and Israel; 

16 (ii) other major non-NATO allies; and 

17 (iii) all other countries; and 

18 (B) to the extent practicable, the average proc19 essing time for and number of applications described 

20 in subsection (b)(1) by item category; 

21 (2) the average processing time for and number 

22 of applications described in subsection (a)(2); 

23 (3) the average processing time for and number 

24 of applications for agreements described in part 124 

25 of title 22, Code of Federal Regulations (relating to 


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1 the International Traffic in Arms Regulations (other 

2 than Manufacturing License Agreements)); 

3 (4) the average processing times for applica4 tions for Manufacturing License Agreements; 

5 (5) any management decisions of the Direc6 torate of Defense Trade Controls of the Department 

7 of State that have been made in response to data 

8 contained in paragraphs (1) through (3); and 

9 (6) any advances in technology that will allow 

10 the time-frames described in subsection (a)(1) to be 

11 substantially reduced. 

12 (e) CONGRESSIONAL BRIEFINGS.—If, at the end of 

13 any month beginning after the date of the enactment of 

14 this Act, the total number of applications described in sub15 section (a)(1) that are unprocessed is more than 7 percent 

16 of the total number of such applications submitted in the 

17 preceding calendar year, then the Secretary of State, act18 ing through the Under Secretary for Arms Control and 

19 International Security, the Assistant Secretary for Polit20 ical-Military Affairs, or the Deputy Assistant Secretary 

21 for Defense Trade and Regional Security of the Depart22 ment of State, as appropriate, shall brief the appropriate 

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1 trols will take to comply with the requirements of sub2 section (a). 

3 (f) TRANSPARENCY OF COMMODITY JURISDICTION

4 DETERMINATIONS.— 

5 (1) DECLARATION OF POLICY.—Congress de6 clares that the complete confidentiality surrounding 

7 several hundred commodity jurisdiction determina8 tions made each year by the Department of State 

9 pursuant to the International Traffic in Arms Regu10 lations is not necessary to protect legitimate propri11 etary interests of persons or their prices and cus12 tomers, is not in the best security and foreign policy 

13 interests of the United States, is inconsistent with 

14 the need to ensure a level playing field for United 

15 States exporters, and detracts from United States 

16 efforts to promote greater transparency and respon17 sibility by other countries in their export control sys18 tems. 

19 (2) PUBLICATION ON INTERNET WEBSITE.— 

20 The Secretary of State shall— 

21 (A) upon making a commodity jurisdiction 

22 determination referred to in paragraph (1) pub23 lish on the Internet website of the Department 

24 of State not later than 30 days after the date 

25 of the determination— 


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1 (i) the name of the manufacturer of 

2 the item; 

3 (ii) a brief general description of the 

4 item; 

5 (iii) the model or part number of the 

6 item; and 

7 (iv) the United States Munitions List 

8 designation under which the item has been 

9 designated, except that— 

10 (I) the name of the person or 

11 business organization that sought the 

12 commodity jurisdiction determination 

13 shall not be published if the person or 

14 business organization is not the man15 ufacturer of the item; and 

16 (II) the names of the customers, 

17 the price of the item, and any propri18 etary information relating to the item 

19 indicated by the person or business 

20 organization that sought the com21 modity jurisdiction determination 

22 shall not be published; and 

23 (B) maintain on the Internet website of 

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1 ments and agencies of the United States, of the 

2 information published under subparagraph (A). 

3 (g) RULE OF CONSTRUCTION.—Nothing in this sec4 tion shall be construed to prohibit the President or Con5 gress from undertaking a thorough review of the national 

6 security and foreign policy implications of a proposed ex7 port of items on the United States Munitions List. 

8 SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF 

9 AND RESOURCES FOR THE DIRECTORATE OF 

10 DEFENSE TRADE CONTROLS OF THE DEPART11 MENT OF STATE. 

12 (a) REQUIREMENT.—The Secretary of State shall en13 sure that the Directorate of Defense Trade Controls of 

14 the Department of State has the necessary staff and re15 sources to carry out this subtitle and the amendments 

16 made by this subtitle. 

17 (b) MINIMUM NUMBER OF LICENSING OFFICERS.— 

18 For fiscal year 2011 and each subsequent fiscal year, the 

19 Secretary of State shall ensure that the Directorate of De20 fense Trade Controls has at least 1 licensing officer for 

21 every 1,250 applications for licenses and other authoriza22 tions to export items on the United States Munitions List 

23 by not later than the third quarter of such fiscal year, 

24 based on the number of licenses and other authorizations 

25 expected to be received during such fiscal year. The SecVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00234 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 retary shall ensure that in meeting the requirement of this 

2 subsection, the performance of other functions of the Di3 rectorate of Defense Trade Controls is maintained and 

4 adequate staff is provided for those functions. 

5 (c) MINIMUM NUMBER OF STAFF FOR COMMODITY

6 JURISDICTION DETERMINATIONS.—For each of the fiscal 

7 years 2010 through 2012, the Secretary of State shall en8 sure that the Directorate of Defense Trade Controls has, 

9 to the extent practicable, not less than three individuals 

10 assigned to review applications for commodity jurisdiction 

11 determinations. 

12 (d) ENFORCEMENT RESOURCES.—In accordance 

13 with section 127.4 of title 22, Code of Federal Regula14 tions, U.S. Immigration and Customs Enforcement is au15 thorized to investigate violations of the International Traf16 fic in Arms Regulations on behalf of the Directorate of 

17 Defense Trade Controls of the Department of State. The 

18 Secretary of State shall ensure that the Directorate of De19 fense Trade Controls has adequate staffing for enforce20 ment of the International Traffic in Arms Regulations. 

21 SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPART22 MENT OF STATE. 

23 (a) AUDIT.—Not later than the end of each of the 

24 fiscal years 2011 and 2012, the Inspector General of the 

25 Department of State shall conduct an independent audit 


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1 to determine the extent to which the Department of State 

2 is meeting the requirements of sections 804 and 805. 

3 (b) REPORT.—The Inspector General shall submit to 

4 the appropriate congressional committees a report that 

5 contains the result of each audit conducted under sub6 section (a). 

7 SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE 

8 TRADE CONTROLS REGISTRATION FEES. 

9 (a) IN GENERAL.—Section 45 of the State Depart10 ment Basic Authorities Act of 1956 (22 U.S.C. 2717) is 

11 amended— 

12 (1) in the first sentence— 

13 (A) by striking ‘‘For’’ and inserting ‘‘(a) 

14 IN GENERAL.—For’’; and 

15 (B) by striking ‘‘Office’’ and inserting ‘‘Di16 rectorate’’; 

17 (2) by amending the second sentence to read as 

18 follows: 

19 ‘‘(b) AVAILABILITY OF FEES.—Fees credited to the 

20 account referred to in subsection (a) shall be available only 

21 for payment of expenses incurred for— 

22 ‘‘(1) management, 

23 ‘‘(2) licensing (in order to meet the require24 ments of section 805 of the Defense Trade Controls 

25 Performance Improvement Act of 2009 (relating to 


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1 adequate staff and resources of the Directorate of 

2 Defense Trade Controls)), 

3 ‘‘(3) compliance, 

4 ‘‘(4) policy activities, and 

5 ‘‘(5) facilities, 

6 of defense trade controls functions.’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(c) ALLOCATION OF FEES.—In allocating fees for 

9 payment of expenses described in subsection (b), the Sec10 retary of State shall accord the highest priority to pay11 ment of expenses incurred for personnel and equipment 

12 of the Directorate of Defense Trade Controls, including 

13 payment of expenses incurred to meet the requirements 

14 of section 805 of the Defense Trade Controls Performance 

15 Improvement Act of 2009.’’. 

16 (b) CONFORMING AMENDMENT.—Section 38(b) of 

17 the Arms Export Control Act (22 U.S.C. 2778(b)) is 

18 amended by striking paragraph (3). 

19 SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS 

20 REGULATIONS AND UNITED STATES MUNI21 TIONS LIST. 

22 (a) IN GENERAL.—The Secretary of State, in coordi23 nation with the heads of other relevant departments and 

24 agencies of the United States Government, shall review, 

25 with the assistance of United States manufacturers and 


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1 other interested parties described in section 811(2) of this 

2 division, the International Traffic in Arms Regulations 

3 and the United States Munitions List to determine those 

4 technologies and goods that warrant different or addi5 tional controls. 

6 (b) CONDUCT OF REVIEW.—In carrying out the re7 view required under subsection (a), the Secretary of State 

8 shall review not less than 20 percent of the technologies 

9 and goods on the International Traffic in Arms Regula10 tions and the United States Munitions List in each cal11 endar year so that for the 5-year period beginning with 

12 calendar year 2010, and for each subsequent 5-year pe13 riod, the International Traffic in Arms Regulations and 

14 the United States Munitions List will be reviewed in their 

15 entirety. 

16 (c) REPORT.—The Secretary of State shall submit to 

17 the appropriate congressional committees and the Com18 mittee on Armed Services of the House of Representatives 

19 and the Committee on Armed Services of the Senate an 

20 annual report on the results of the review carried out 

21 under this section. 


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1 SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CER2 TAIN EXPORTS TO NATO MEMBER STATES, 

3 AUSTRALIA, JAPAN, NEW ZEALAND, ISRAEL, 

4 AND SOUTH KOREA. 

5 (a) IN GENERAL.—Section 38 of the Arms Export 

6 Control Act (22 U.S.C. 2778) is amended by adding at 

7 the end the following: 

8 ‘‘(k) SPECIAL LICENSING AUTHORIZATION FOR CER9 TAIN EXPORTS TO NATO MEMBER STATES, AUSTRALIA, 

10 JAPAN, NEW ZEALAND, ISRAEL, AND SOUTH KOREA.— 

11 ‘‘(1) AUTHORIZATION.—(A) The President may 

12 provide for special licensing authorization for exports 

13 of United States-manufactured spare and replace14 ment parts or components listed in an application 

15 for such special licensing authorization in connection 

16 with defense items previously exported to NATO 

17 member states, Australia, Japan, New Zealand, 

18 Israel, and South Korea. A special licensing author19 ization issued pursuant to this clause shall be effec20 tive for a period not to exceed 5 years. 

21 ‘‘(B) An authorization may be issued under 

22 subparagraph (A) only if the applicable government 

23 of the country described in subparagraph (A), acting 

24 through the applicant for the authorization, certifies 

25 that— 


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1 ‘‘(i) the export of spare and replacement 

2 parts or components supports a defense item 

3 previously lawfully exported; 

4 ‘‘(ii) the spare and replacement parts or 

5 components will be transferred to a defense 

6 agency of a country described in subparagraph 

7 (A) that is a previously approved end-user of 

8 the defense items and not to a distributor or a 

9 foreign consignee of such defense items; 

10 ‘‘(iii) the spare and replacement parts or 

11 components will not to be used to materially en12 hance, optimize, or otherwise modify or upgrade 

13 the capability of the defense items; 

14 ‘‘(iv) the spare and replacement parts or 

15 components relate to a defense item that is 

16 owned, operated, and in the inventory of the 

17 armed forces a country described in subpara18 graph (A); 

19 ‘‘(v) the export of spare and replacement 

20 parts or components will be effected using the 

21 freight forwarder designated by the purchasing 

22 country’s diplomatic mission as responsible for 

23 handling transfers under chapter 2 of this Act 

24 as required under regulations; and 


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1 ‘‘(vi) the spare and replacement parts or 

2 components to be exported under the special li3 censing authorization are specifically identified 

4 in the application. 

5 ‘‘(C) An authorization may not be issued under 

6 subparagraph (A) for purposes of establishing off7 shore procurement arrangements or producing de8 fense articles offshore. 

9 ‘‘(D)(i) For purposes of this subsection, the 

10 term ‘United States-manufactured spare and re11 placement parts or components’ means spare and 

12 replacement parts or components— 

13 ‘‘(I) with respect to which— 

14 ‘‘(aa) United States-origin content 

15 costs constitute at least 85 percent of the 

16 total content costs; 

17 ‘‘(bb) United States manufacturing 

18 costs constitute at least 85 percent of the 

19 total manufacturing costs; and 

20 ‘‘(cc) foreign content, if any, is limited 

21 to content from countries eligible to receive 

22 exports of items on the United States Mu23 nitions List under the International Traffic 

24 in Arms Regulations (other than de mini25 mis foreign content); 


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1 ‘‘(II) that were last substantially trans2 formed in the United States; and 

3 ‘‘(III) that are not— 

4 ‘‘(aa) classified as significant military 

5 equipment; or 

6 ‘‘(bb) listed on the Missile Technology 

7 Control Regime Annex. 

8 ‘‘(ii) For purposes of clause (i)(I) (aa) and 

9 (bb), the costs of non-United States-origin content 

10 shall be determined using the final price or final cost 

11 associated with the non-United States-origin con12 tent. 

13 ‘‘(2) INAPPLICABILITY PROVISIONS.—(A) The 

14 provisions of this subsection shall not apply with re15 spect to re-exports or re-transfers of spare and re16 placement parts or components and related services 

17 of defense items described in paragraph (1). 

18 ‘‘(B) The congressional notification require19 ments contained in section 36(c) of this Act shall 

20 not apply with respect to an authorization issued 

21 under paragraph (1).’’. 

22 (b) EFFECTIVE DATE.—The President shall issue 

23 regulations to implement amendments made by subsection 

24 (a) not later than 180 days after the date of the enactment 

25 of this Act. 


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1 SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS 

2 OF LICENSE APPLICATIONS UNDER CHAPTER 

3 3 OF THE ARMS EXPORT CONTROL ACT. 

4 Chapter 3 of the Arms Export Control Act (22 

5 U.S.C. 2771 et seq.) is amended by inserting after section 

6 38 the following new section: 

7 ‘‘SEC. 38A. AVAILABILITY OF INFORMATION ON THE STA8 TUS OF LICENSE APPLICATIONS UNDER THIS 

9 CHAPTER. 

10 ‘‘(a) AVAILABILITY OF INFORMATION.—Not later 

11 than 1 year after the date of the enactment of the Defense 

12 Trade Controls Performance Improvement Act of 2009, 

13 the President shall make available to persons who have 

14 pending license applications under this chapter and the 

15 committees of jurisdiction the ability to access electroni16 cally current information on the status of each license ap17 plication required to be submitted under this chapter. 

18 ‘‘(b) MATTERS TO BE INCLUDED.—The information 

19 referred to in subsection (a) shall be limited to the fol20 lowing: 

21 ‘‘(1) The case number of the license application. 

22 ‘‘(2) The date on which the license application 

23 is received by the Department of State and becomes 

24 an ‘open application’. 

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1 spect to the license application or transmits it for 

2 interagency review, if required. 

3 ‘‘(4) The date on which the interagency review 

4 process for the license application is completed, if 

5 such a review process is required. 

6 ‘‘(5) The date on which the Department of 

7 State begins consultations with the congressional 

8 committees of jurisdiction with respect to the license 

9 application. 

10 ‘‘(6) The date on which the license application 

11 is sent to the congressional committees of jurisdic12 tion.’’. 

13 SEC. 811. SENSE OF CONGRESS. 

14 It is the sense of Congress that— 

15 (1)(A) the advice provided to the Secretary of 

16 State by the Defense Trade Advisory Group 

17 (DTAG) supports the regulation of defense trade 

18 and helps ensure that United States national secu19 rity and foreign policy interests continue to be pro20 tected and advanced while helping to reduce unnec21 essary impediments to legitimate exports in order to 

22 support the defense requirements of United States 

23 friends and allies; and 


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1 (B) therefore, the Secretary of State should 

2 share significant planned rules and policy shifts with 

3 DTAG for comment; and 

4 (2) recognizing the constraints imposed on the 

5 Department of State by the nature of a voluntary 

6 organization such as DTAG, the Secretary of State 

7 is encouraged to ensure that members of DTAG are 

8 drawn from a representative cross-section of subject 

9 matter experts from the United States defense in10 dustry, relevant trade and labor associations, aca11 demic, and foundation personnel. 

12 SEC. 812. DEFINITIONS. 

13 In this subtitle: 

14 (1) INTERNATIONAL TRAFFIC IN ARMS REGULA15 TIONS; ITAR.—The term ‘‘International Traffic in 

16 Arms Regulations’’ or ‘‘ITAR’’ means those regula17 tions contained in parts 120 through 130 of title 22, 

18 Code of Federal Regulations (or successor regula19 tions). 

20 (2) MAJOR NON-NATO ALLY.—The term ‘‘major 

21 non-NATO ally’’ means a country that is designated 

22 in accordance with section 517 of the Foreign As23 sistance Act of 1961 (22 U.S.C. 2321k) as a major 

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1 ance Act of 1961 (22 U.S.C. 2151 et seq.) and the 

2 Arms Export Control Act (22 U.S.C. 2751 et seq.). 

3 (3) MANUFACTURING LICENSE AGREEMENT.— 

4 The term ‘‘Manufacturing License Agreement’’ 

5 means an agreement described in section 120.21 of 

6 title 22, Code of Federal Regulations (or successor 

7 regulations). 

8 (4) MISSILE TECHNOLOGY CONTROL REGIME; 

9 MTCR.—The term ‘‘Missile Technology Control Re10 gime’’ or ‘‘MTCR’’ has the meaning given the term 

11 in section 11B(c)(2) of the Export Administration 

12 Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 

13 (5) MISSILE TECHNOLOGY CONTROL REGIME

14 ANNEX; MTCR ANNEX.—The term ‘‘Missile Tech15 nology Control Regime Annex’’ or ‘‘MTCR Annex’’ 

16 has the meaning given the term in section 11B(c)(4) 

17 of the Export Administration Act of 1979 (50 

18 U.S.C. App. 2401b(c)(4)). 

19 (6) OFFSETS.—The term ‘‘offsets’’ includes 

20 compensation practices required of purchase in ei21 ther government-to-government or commercial sales 

22 of defense articles or defense services under the 

23 Arms Export Control Act (22 U.S.C. 2751 et seq.) 

24 and the International Traffic in Arms Regulations. 


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1 (7) UNITED STATES MUNITIONS LIST; USML.— 

2 The term ‘‘United States Munitions List’’ or 

3 ‘‘USML’’ means the list referred to in section 

4 38(a)(1) of the Arms Export Control Act (22 U.S.C. 

5 2778(a)(1)). 

6 SEC. 813. AUTHORIZATION OF APPROPRIATIONS. 

7 Of the amounts authorized to be appropriated under 

8 section 101, there are authorized to be appropriated such 

9 sums as may be necessary for each of fiscal years 2010 

10 and 2011 to carry out this subtitle and the amendments 

11 made by this subtitle. 

12 Subtitle B—Provisions Relating to 

13 Export Licenses 

14 SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL 

15 DIRECTIVES REGARDING UNITED STATES 

16 ARMS EXPORT POLICIES, PRACTICES, AND 

17 REGULATIONS. 

18 (a) IN GENERAL.—The President shall make avail19 able to the Committee on Foreign Affairs of the House 

20 of Representatives and the Committee on Foreign Rela21 tions of the Senate the text of each Presidential directive 

22 regarding United States export policies, practices, and 

23 regulations relating to the implementation of the Arms 

24 Export Control Act (22 U.S.C. 2751 et seq.) not later 


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1 than 15 days after the date on which the directive has 

2 been signed or authorized by the President. 

3 (b) TRANSITION PROVISION.—Each Presidential di4 rective described in subsection (a) that is signed or author5 ized by the President on or after January 1, 2009, and 

6 before the date of the enactment of this Act shall be made 

7 available to the congressional committees specified in sub8 section (a) not later than 90 days after the date of the 

9 enactment of this Act. 

10 (c) FORM.—To the maximum extent practicable, each 

11 Presidential directive described in subsection (a) shall be 

12 made available to the congressional committees specified 

13 in subsection (a) on an unclassified basis. 

14 SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND 

15 SERVICES FOR CONGRESSIONAL REVIEW 

16 AND EXPEDITING CONGRESSIONAL REVIEW 

17 FOR ISRAEL. 

18 (a) FOREIGN MILITARY SALES.— 

19 (1) IN GENERAL.—Section 36(b) of the Arms 

20 Export Control Act (22 U.S.C. 2776(b)) is amend21 ed— 

22 (A) in paragraph (1)— 

23 (i) by striking ‘‘$50,000,000’’ and in24 serting ‘‘$100,000,000’’; 


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1 (ii) by striking ‘‘$200,000,000’’ and 

2 inserting ‘‘$300,000,000’’; 

3 (iii) by striking ‘‘$14,000,000’’ and 

4 inserting ‘‘$25,000,000’’; and 

5 (iv) by striking ‘‘The letter of offer 

6 shall not be issued’’ and all that follows 

7 through ‘‘enacts a joint resolution’’ and in8 serting the following: 

9 ‘‘(2) The letter of offer shall not be issued— 

10 ‘‘(A) with respect to a proposed sale of any de11 fense articles or defense services under this Act for 

12 $200,000,000 or more, any design and construction 

13 services for $300,000,000 or more, or any major de14 fense equipment for $75,000,000 or more, to the 

15 North Atlantic Treaty Organization (NATO), any 

16 member country of NATO, Japan, Australia, the 

17 Republic of Korea, Israel, or New Zealand, if Con18 gress, within 15 calendar days after receiving such 

19 certification, or 

20 ‘‘(B) with respect to a proposed sale of any de21 fense articles or services under this Act for 

22 $100,000,000 or more, any design and construction 

23 services for $200,000,000 or more, or any major de24 fense equipment for $50,000,000 or more, to any 


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1 other country or organization, if Congress, within 30 

2 calendar days after receiving such certification, 

3 enacts a joint resolution’’; and 

4 (B) by redesignating paragraphs (2) 

5 through (6) as paragraphs (3) through (7), re6 spectively. 

7 (2) TECHNICAL AND CONFORMING AMEND8 MENTS.—Section 36 of the Arms Export Control 

9 Act (22 U.S.C. 2776) is amended— 

10 (A) in subsection (b)— 

11 (i) in paragraph (6)(C), as redesig12 nated, by striking ‘‘Subject to paragraph 

13 (6), if’’ and inserting ‘‘If’’; and 

14 (ii) by striking paragraph (7), as re15 designated; and 

16 (B) in subsection (c)(4), by striking ‘‘sub17 section (b)(5)’’ each place it appears and insert18 ing ‘‘subsection (b)(6)’’. 

19 (b) COMMERCIAL SALES.—Section 36(c) of the Arms 

20 Export Control Act (22 U.S.C. 2776(c)) is amended— 

21 (1) in paragraph (1)— 

22 (A) by striking ‘‘Subject to paragraph (5), 

23 in’’ and inserting ‘‘In’’; 

24 (B) by striking ‘‘$14,000,000’’ and insert25 ing ‘‘$25,000,000’’; and 


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1 (C) by striking ‘‘$50,000,000’’ and insert2 ing ‘‘$100,000,000’’; 

3 (2) in paragraph (2)— 

4 (A) in subparagraph (A)— 

5 (i) by inserting after ‘‘for an export’’ 

6 the following: ‘‘of any major defense equip7 ment sold under a contract in the amount 

8 of $75,000,000 or more or of defense arti9 cles or defense services sold under a con10 tract in the amount of $200,000,000 or 

11 more, (or, in the case of a defense article 

12 that is a firearm controlled under category 

13 I of the United States Munitions List, 

14 $1,000,000 or more)’’; and 

15 (ii) by striking ‘‘Organization,’’ and 

16 inserting ‘‘Organization (NATO),’’ and by 

17 further striking ‘‘that Organization’’ and 

18 inserting ‘‘NATO’’; and 

19 (B) in subparagraph (C), by inserting after 

20 ‘‘license’’ the following: ‘‘for an export of any 

21 major defense equipment sold under a contract 

22 in the amount of $50,000,000 or more or of de23 fense articles or defense services sold under a 

24 contract in the amount of $100,000,000 or 

25 more, (or, in the case of a defense article that 


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1 is a firearm controlled under category I of the 

2 United States Munitions List, $1,000,000 or 

3 more)’’; and 

4 (3) by striking paragraph (5). 

5 SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NA6 TIONAL AND INTERNATIONAL ARMS EXPORT 

7 CONTROLS. 

8 (a) SENSE OF CONGRESS.—It is the sense of Con9 gress that the President should redouble United States 

10 diplomatic efforts to strengthen national and international 

11 arms export controls by establishing a senior-level initia12 tive to ensure that those arms export controls are com13 parable to and supportive of United States arms export 

14 controls, particularly with respect to countries of concern 

15 to the United States. 

16 (b) REPORT.—Not later than 1 year after the date 

17 of the enactment of this Act, and annually thereafter for 

18 4 years, the President shall transmit to the Committee on 

19 Foreign Affairs of the House of Representatives and the 

20 Committee on Foreign Relations of the Senate a report 

21 on United States diplomatic efforts described in subsection 

22 (a). 


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1 SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EX2 PORTS. 

3 Section 655(b) of the Foreign Assistance Act of 1961 

4 (22 U.S.C. 2415(b)) is amended— 

5 (1) in paragraph (2), by striking ‘‘or’’ at the 

6 end; 

7 (2) in paragraph (3), by striking the period at 

8 the end and inserting ‘‘; or’’; and 

9 (3) by adding at the end the following: 

10 ‘‘(4) were exported without a license under sec11 tion 38 of the Arms Export Control Act (22 U.S.C. 

12 2778) pursuant to an exemption established under 

13 the International Traffic in Arms Regulations, other 

14 than defense articles exported in furtherance of a 

15 letter of offer and acceptance under the Foreign 

16 Military Sales program or a technical assistance or 

17 manufacturing license agreement, including the spe18 cific exemption provision in the regulation under 

19 which the export was made.’’. 

20 SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIP21 MENT AND DEFENSE ARTICLES EXPORTED 

22 UNDER SECTION 38 OF THE ARMS EXPORT 

23 CONTROL ACT. 

24 Section 38 of the Arms Export Control Act (22 

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1 sion, is further amended by adding at the end the fol2 lowing: 

3 ‘‘(l) REPORT.— 

4 ‘‘(1) IN GENERAL.—The President shall trans5 mit to the Committee on Foreign Affairs of the 

6 House of Representatives and the Committee on 

7 Foreign Relations of the Senate a report that con8 tains a detailed listing, by country and by inter9 national organization, of the total dollar value of 

10 major defense equipment and defense articles ex11 ported pursuant to licenses authorized under this 

12 section for the previous fiscal year. 

13 ‘‘(2) INCLUSION IN ANNUAL BUDGET.—The re14 port required by this subsection shall be included in 

15 the supporting information of the annual budget of 

16 the United States Government required to be sub17 mitted to Congress under section 1105 of title 31, 

18 United States Code.’’. 

19 SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RE20 LATED COMPONENTS FROM THE UNITED 

21 STATES MUNITIONS LIST. 

22 (a) AUTHORITY.—Except as provided in subsection 

23 (b) and subject to subsection (d), the President is author24 ized to remove satellites and related components from the 

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1 dures in section 38(f) of the Arms Export Control Act (22 

2 U.S.C. 2778(f)). 

3 (b) EXCEPTION.—The authority of subsection (a) 

4 may not be exercised with respect to any satellite or re5 lated component that may, directly or indirectly, be trans6 ferred to, or launched into outer space by, the People’s 

7 Republic of China. 

8 (c) UNITED STATES MUNITIONS LIST.—In this sec9 tion, the term ‘‘United States Munitions List’’ means the 

10 list referred to in section 38(a)(1) of the Arms Export 

11 Control Act (22 U.S.C. 2778(a)(1)). 

12 (d) EFFECTIVE DATE.—The President may not exer13 cise the authority provided in this section before the date 

14 that is 90 days after the date of the enactment of this 

15 Act. 

16 SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF 

17 VIOLATIONS OF SECTION 3 OF THE ARMS EX18 PORT CONTROL ACT. 

19 (a) REVIEW.—The Inspector General of the Depart20 ment of State shall conduct a review of investigations by 

21 the Department of State during each of fiscal years 2010 

22 through 2014 of any and all possible violations of section 

23 3 of the Arms Export Control Act (22 U.S.C. 2753) with 

24 respect to misuse of United States-origin defense items to 

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1 plied with the requirements of such section, as well as its 

2 own internal procedures (and whether such procedures are 

3 adequate), for reporting to Congress any information re4 garding the unlawful use or transfer of United States-ori5 gin defense articles, defense services, and technology by 

6 foreign countries, as required by such section. 

7 (b) REPORT.—The Inspector General of the Depart8 ment of State shall submit to the Committee on Foreign 

9 Affairs of the House of Representatives and the Com10 mittee on Foreign Relations of the Senate for each of fis11 cal years 2010 through 2014 a report that contains the 

12 findings and results of the review conducted under sub13 section (a). The report shall be submitted in unclassified 

14 form to the maximum extent possible, but may include a 

15 classified annex. 

16 SEC. 828. REPORT ON SELF-FINANCING OPTIONS FOR EX17 PORT LICENSING FUNCTIONS OF DDTC OF 

18 THE DEPARTMENT OF STATE. 

19 Not later than 90 days after the date of the enact20 ment of this Act, the Secretary of State shall submit to 

21 the appropriate congressional committees a report on pos22 sible mechanisms to place the export licensing functions 

23 of the Directorate of Defense Trade Controls of the De24 partment of State on a 100 percent self-financing basis. 


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1 SEC. 829. CLARIFICATION OF CERTIFICATION REQUIRE2 MENT RELATING TO ISRAEL’S QUALITATIVE 

3 MILITARY EDGE. 

4 Section 36(h)(1) of the Arms Export Control Act (22 

5 U.S.C. 2776(h)(1)) is amended by striking ‘‘a determina6 tion’’ and inserting ‘‘an unclassified determination’’. 

7 SEC. 830. EXPEDITING CONGRESSIONAL DEFENSE EXPORT 

8 REVIEW PERIOD FOR ISRAEL. 

9 The Arms Export Control Act (22 U.S.C. 2751 et 

10 seq.) is amended— 

11 (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 

12 3(d)(5), 21(e)(2)(A), 36(b)(3) (as redesignated by 

13 section 822(a)(1)(B) of this division), 36(c)(2)(A), 

14 36(d)(2)(A), 62(c)(1), and 63(a)(2) by inserting 

15 ‘‘Israel,’’ before ‘‘or New Zealand’’; and 

16 (2) in section 3(b)(2), by inserting ‘‘the Govern17 ment of Israel,’’ before ‘‘or the Government of New 

18 Zealand’’. 

19 SEC. 831. UPDATING AND CONFORMING PENALTIES FOR 

20 VIOLATIONS OF SECTIONS 38 AND 39 OF THE 

21 ARMS EXPORT CONTROL ACT. 

22 (a) IN GENERAL.—Section 38(c) of the Arms Export 

23 Control Act (22 U.S.C. 2778(c)) is amended to read as 

24 follows: 

25 ‘‘(c) CRIMINAL PENALTIES FOR VIOLATIONS OF THIS

26 SECTION AND SECTION 39.—Whoever willfully— 


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1 ‘‘(1) violates this section or section 39, or 

2 ‘‘(2) in a registration or license application or 

3 required report, makes any untrue statement of a 

4 material fact or omits to state a material fact re5 quired to be stated therein or necessary to make the 

6 statements therein not misleading, 

7 shall be fined not more than $1,000,000 or imprisoned 

8 not more than 20 years, or both.’’. 

9 (b) MECHANISMS TO IDENTIFY VIOLATORS.—Section 

10 38(g) of the Arms Export Control Act (22 U.S.C. 

11 2778(g)) is amended— 

12 (1) in paragraph (1)— 

13 (A) in subparagraph (A)— 

14 (i) in the matter preceding clause (i), 

15 by inserting ‘‘or otherwise charged’’ after 

16 ‘‘indictment’’; 

17 (ii) in clause (xi), by striking ‘‘or’’ at 

18 the end; and 

19 (iii) by adding at the end the fol20 lowing: 

21 ‘‘(xiii) section 542 of title 18, United 

22 States Code, relating to entry of goods by 

23 means of false statements; 


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1 ‘‘(xiv) section 554 of title 18, United 

2 States Code, relating to smuggling goods from 

3 the United States; or 

4 ‘‘(xv) section 1831 of title 18, United 

5 States Code, relating to economic espionage.’’; 

6 and 

7 (B) in subparagraph (B), by inserting ‘‘or 

8 otherwise charged’’ after ‘‘indictment’’; and 

9 (2) in paragraph (3)(A), by inserting ‘‘or other10 wise charged’’ after ‘‘indictment’’. 

11 (c) EFFECTIVE DATE.—The amendment made by 

12 subsection (a) shall take effect on the date of the enact13 ment of this Act and shall apply with respect to violations 

14 of sections 38 and 39 of the Arms Export Control Act 

15 committed on or after that date. 

16 SEC. 832. REPORT ON CERTAIN ASPECTS OF UNITED 

17 STATES EXPORT CONTROLS. 

18 Not later than 180 days after the date of the enact19 ment of this Act, the President, taking into account the 

20 views of the relevant Federal departments and agencies, 

21 shall transmit to Congress a report on the plans of such 

22 departments and agencies to streamline United States ex23 port controls and processes to better serve the needs of 

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1 sistent with the protection of United States national secu2 rity interests. 

3 Subtitle C—Miscellaneous 

4 Provisions 

5 SEC. 841. AUTHORITY TO BUILD THE CAPACITY OF FOR6 EIGN MILITARY FORCES. 

7 (a) AUTHORITY.—The Secretary of State is author8 ized to conduct a program to respond to contingencies in 

9 foreign countries or regions by providing training, pro10 curement, and capacity-building of a foreign country’s na11 tional military forces and dedicated counterterrorism 

12 forces in order for that country to— 

13 (1) conduct counterterrorist operations; or 

14 (2) participate in or support military and sta15 bility operations in which the United States is a par16 ticipant. 

17 (b) TYPES OF CAPACITY-BUILDING.—The program 

18 authorized under subsection (a) may include the provision 

19 of equipment, supplies, and training. 

20 (c) LIMITATIONS.— 

21 (1) ASSISTANCE OTHERWISE PROHIBITED BY

22 LAW.—The Secretary of State may not use the au23 thority in subsection (a) to provide any type of as24 sistance described in subsection (b) that is otherwise 

25 prohibited by any provision of law. 


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1 (2) LIMITATION ON ELIGIBLE COUNTRIES.— 

2 The Secretary of State may not use the authority in 

3 subsection (a) to provide assistance described in sub4 section (b) to any foreign country that is otherwise 

5 prohibited from receiving such type of assistance 

6 under any other provision of law. 

7 (d) FORMULATION AND EXECUTION OF ACTIVI8 TIES.— 

9 (1) COORDINATION WITH CERTAIN PRO10 GRAMS.—To the extent that activities are carried 

11 out during a fiscal year pursuant to section 1206 of 

12 the National Defense Authorization Act for Fiscal 

13 Year 2006 (Public Law 109–163: 119 Stat. 3456), 

14 the Secretary of State shall coordinate with the Sec15 retary of Defense on the formulation and execution 

16 of the program authorized under subsection (a) to 

17 ensure that the activities under this program com18 plement the activities carried out pursuant to such 

19 section 1206. 

20 (2) CONSULTATION.—The Secretary of State 

21 may also consult with the head of any other appro22 priate department or agency in the formulation and 

23 execution of the program authorized under sub24 section (a). 

25 (e) CONGRESSIONAL NOTIFICATION.— 


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1 (1) ACTIVITIES IN A COUNTRY.—Not less than 

2 15 days before obligating funds for activities in any 

3 country under the program authorized under sub4 section (a), the Secretary of State shall submit to 

5 the congressional committees specified in paragraph 

6 (2) a notice of the following: 

7 (A) The country whose capacity to engage 

8 in activities in subsection (a) will be assisted. 

9 (B) The budget, implementation timeline 

10 with milestones, and completion date for com11 pleting the activities. 

12 (2) SPECIFIED CONGRESSIONAL COMMIT13 TEES.—The congressional committees specified in 

14 this paragraph are the following: 

15 (A) The Committee on Foreign Affairs and 

16 the Committee on Appropriations of the House 

17 of Representatives. 

18 (B) The Committee on Foreign Relations 

19 and the Committee on Appropriations of the 

20 Senate. 

21 (f) AUTHORIZATION OF APPROPRIATIONS.— 

22 (1) IN GENERAL.—There is authorized to be 

23 appropriated to the Secretary of State $25,000,000 

24 for each of the fiscal years 2010 and 2011 to con25 duct the program authorized by subsection (a). 


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1 (2) USE OF FMF FUNDS.—The Secretary of 

2 State may use up to $25,000,000 of funds available 

3 under the Foreign Military Financing program for 

4 each of the fiscal years 2010 and 2011 to conduct 

5 the program authorized under subsection (a). 

6 (3) AVAILABILITY AND REFERENCE.—Amounts 

7 made available to conduct the program authorized 

8 under subsection (a)— 

9 (A) are authorized to remain available 

10 until expended; and 

11 (B) may be referred to as the ‘‘Security 

12 Assistance Contingency Fund’’. 

13 SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND. 

14 (a) IN GENERAL.—Section 51(a) of the Arms Export 

15 Control Act (22 U.S.C. 2795(a)) is amended— 

16 (1) in paragraph (1), by striking ‘‘Special De17 fense Acquisition Fund’’ and inserting ‘‘Foreign 

18 Military Sales Stockpile Fund’’; and 

19 (2) in paragraph (4), by inserting ‘‘building the 

20 capacity of recipient countries and’’ before ‘‘nar21 cotics control purposes’’. 

22 (b) CONTENTS OF FUND.—Section 51(b) of the Arms 

23 Export Control Act (22 U.S.C. 2795(b)) is amended— 

24 (1) in paragraph (2), by striking ‘‘and’’ at the 

25 end; 


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1 (2) in paragraph (3), by inserting ‘‘and’’ at the 

2 end; and 

3 (3) by inserting after paragraph (3) the fol4 lowing: 

5 ‘‘(4) collections from leases made pursuant to 

6 section 61 of this Act,’’. 

7 (c) CONFORMING AMENDMENTS.—(1) The heading 

8 of section 51 of the Arms Export Control Act is amended 

9 by striking ‘‘SPECIAL DEFENSE ACQUISITION FUND’’ and 

10 inserting ‘‘FOREIGN MILITARY SALES STOCKPILE FUND’’. 

11 (2) The heading of chapter 5 of the Arms Export 

12 Control Act is amended by striking ‘‘SPECIAL DE13 FENSE ACQUISITION FUND’’ and inserting 

14 ‘‘FOREIGN MILITARY SALES STOCKPILE 

15 FUND’’. 

16 SEC. 843. ANNUAL ESTIMATE AND JUSTIFICATION FOR 

17 FOREIGN MILITARY SALES PROGRAM. 

18 Section 25(a)(1) of the Arms Export Control Act (22 

19 U.S.C. 2765(a)(1)) is amended by striking ‘‘, together 

20 with an indication of which sales and licensed commercial 

21 exports’’ and inserting ‘‘and’’. 

22 SEC. 844. SENSE OF CONGRESS ON THE GLOBAL ARMS 

23 TRADE. 

24 It is the sense of Congress that— 


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1 (1) the United States, as the world’s largest ex2 porter of conventional weapons, has a special obliga3 tion to promote responsible practices in the global 

4 arms trade and should actively work to prevent con5 ventional weapons from being used to perpetrate— 

6 (A) breaches of the United Nations Char7 ter relating to the use of force; 

8 (B) gross violations of international human 

9 rights; 

10 (C) serious violations of international hu11 manitarian law; 

12 (D) acts of genocide or crimes against hu13 manity; 

14 (E) acts of terrorism; and 

15 (F) destabilizing buildups of military 

16 forces and weapons; and 

17 (2) the United States should actively engage in 

18 the development of a legally binding treaty estab19 lishing common international standards for the im20 port, export, and transfer of conventional weapons. 

21 SEC. 845. REPORT ON UNITED STATES’ COMMITMENTS TO 

22 THE SECURITY OF ISRAEL. 

23 (a) INITIAL REPORT.—Not later than 30 days after 

24 the date of the enactment of this Act, the President shall 


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1 transmit to the appropriate congressional committees a re2 port that contains— 

3 (1) a complete, unedited, and unredacted copy 

4 of each assurance made by United States Govern5 ment officials to officials of the Government of Israel 

6 regarding Israel’s security and maintenance of 

7 Israel’s qualitative military edge, as well as any 

8 other assurance regarding Israel’s security and 

9 maintenance of Israel’s qualitative military edge pro10 vided in conjunction with exports under the Arms 

11 Export Control Act (22 U.S.C. 2751 et seq.), for the 

12 period beginning on January 1, 1975, and ending on 

13 the date of the enactment of this Act; and 

14 (2) an analysis of the extent to which, and by 

15 what means, each such assurance has been and is 

16 continuing to be fulfilled. 

17 (b) SUBSEQUENT REPORTS.— 

18 (1) NEW ASSURANCES AND REVISIONS.—The 

19 President shall transmit to the appropriate congres20 sional committees a report that contains the infor21 mation required under subsection (a) with respect 

22 to— 

23 (A) each assurance described in subsection 

24 (a) made on or after the date of the enactment 

25 of this Act; or 


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1 (B) revisions to any assurance described in 

2 subsection (a) or subparagraph (A) of this 

3 paragraph, 

4 within 15 days of the new assurance or revision 

5 being conveyed. 

6 (2) FIVE-YEAR REPORTS.—Not later than 5 

7 years after the date of the enactment of this Act, 

8 and every 5 years thereafter, the President shall 

9 transmit to the appropriate congressional commit10 tees a report that contains the information required 

11 under subsection (a) with respect to each assurance 

12 described in subsection (a) or paragraph (1)(A) of 

13 this subsection and revisions to any assurance de14 scribed in subsection (a) or paragraph (1)(A) of this 

15 subsection during the preceding 5-year period. 

16 (c) FORM.—Each report required by this section shall 

17 be transmitted in unclassified form, but may contain a 

18 classified annex, if necessary. 

19 SEC. 846. WAR RESERVES STOCKPILE. 

20 (a) DEPARTMENT OF DEFENSE APPROPRIATIONS

21 ACT, 2005.—Section 12001(d) of the Department of De22 fense Appropriations Act, 2005 (Public Law 108–287; 

23 118 Stat. 1011), is amended by striking ‘‘4’’ and inserting 

24 ‘‘7’’. 


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1 (b) FOREIGN ASSISTANCE ACT OF 1961.—Section 

2 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 

3 U.S.C. 2321h(b)(2)(A)) is amended by striking ‘‘fiscal 

4 years 2007 and 2008’’ and inserting ‘‘fiscal years 2010 

5 and 2011’’. 

6 SEC. 847. EXCESS DEFENSE ARTICLES FOR CENTRAL AND 

7 SOUTH EUROPEAN COUNTRIES AND CERTAIN 

8 OTHER COUNTRIES. 

9 Section 516(e) of the Foreign Assistance Act of 1961 

10 (22 U.S.C. 2321j(e)) is amended— 

11 (1) in paragraph (1), by striking ‘‘paragraph 

12 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

13 (2) in paragraph (2), in the heading by striking 

14 ‘‘EXCEPTION’’ and inserting ‘‘GENERAL EXCEP15 TION’’; and 

16 (3) by adding at the end the following new 

17 paragraph: 

18 ‘‘(3) EXCEPTION FOR SPECIFIC COUNTRIES.— 

19 For fiscal years 2010 and 2011, the President may 

20 provide for the crating, packing, handling, and 

21 transportation of excess defense articles transferred 

22 under the authority of this section to Albania, Af23 ghanistan, Bulgaria, Croatia, Estonia, Macedonia, 

24 Georgia, India, Iraq, Israel, Kazakhstan, 

25 Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, 


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1 Pakistan, Romania, Slovakia, Tajikistan, 

2 Turkmenistan, and Ukraine.’’. 

3 SEC. 848. SUPPORT TO ISRAEL FOR MISSILE DEFENSE. 

4 (a) AUTHORIZATION OF ASSISTANCE.—Of the 

5 amounts authorized to be appropriated to carry out this 

6 division, there are authorized to be appropriated such 

7 sums as may be necessary for co-development of joint bal8 listic missile, medium and short-range projectile defense 

9 projects with Israel, including— 

10 (1) complete accelerated co-production of Arrow 

11 missiles; 

12 (2) system development of the Israel Missile 

13 Defense Organization program to develop a short14 range ballistic missile defense capability, David’s 

15 Sling weapon system, and integrate the weapon sys16 tem with the ballistic missile defense system and 

17 force protection efforts of the United States; and 

18 (3) research, development, and test and evalua19 tion of the Iron Dome short-range projectile defense 

20 system. 

21 (b) REPORT AND STRATEGY.— 

22 (1) REQUIREMENT.—Not later than 180 days 

23 after the date of the enactment of this Act, and an24 nually thereafter in connection with the submission 

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1 eign operations appropriations and defense appro2 priations budget request, the Secretary of State, in 

3 consultation with the Secretary of Defense, shall 

4 submit to the appropriate congressional committees 

5 a report regarding the activities authorized under 

6 subsection (a)(1). 

7 (2) CLASSIFIED ANNEX.—The report required 

8 under paragraph (1) shall be submitted in unclassi9 fied form to the maximum extent practicable, but 

10 may include a classified annex, if necessary. 

11 (3) DEFINITION OF APPROPRIATE CONGRES12 SIONAL COMMITTEES.—In this subsection, the term 

13 ‘‘appropriate congressional committees’’ means— 

14 (A) the Committee on Foreign Affairs and 

15 the Committee on Armed Services of the House 

16 of Representatives; and 

17 (B) the Committee on Foreign Relations 

18 and the Committee on Armed Services in the 

19 Senate. 

20 (d) RULE OF CONSTRUCTION.—Nothing in this sec21 tion shall be construed to authorize appropriations for the 

22 Arrow Weapons System or David’s Sling weapons pro23 gram under any provision of law that is funded from ac24 counts within budget function 050 (National Defense). 


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1 TITLE IX—ACTIONS TO EN2 HANCE THE MERIDA INITIA3 TIVE 

4 Subtitle A—General Provisions 

5 SEC. 901. COORDINATOR OF UNITED STATES GOVERNMENT 

6 ACTIVITIES TO IMPLEMENT THE MERIDA INI7 TIATIVE. 

8 (a) DECLARATION OF POLICY.—Congress declares 

9 that the Merida Initiative is a Department of State-led 

10 initiative which combines the programs of numerous 

11 United States Government departments and agencies and 

12 therefore requires a single individual to coordinate and 

13 track all Merida Initiative-related efforts government-wide 

14 to avoid duplication, coordinate messaging, and facilitate 

15 accountability to and communication with Congress. 

16 (b) DESIGNATION OF HIGH-LEVEL COORDINATOR.— 

17 (1) IN GENERAL.—The President shall des18 ignate, within the Department of State, a Coordi19 nator of United States Government Activities to Im20 plement the Merida Initiative (hereafter in this sec21 tion referred to as the ‘‘Coordinator’’) who shall be 

22 responsible for— 

23 (A) designing and shaping an overall strat24 egy for the Merida Initiative; 


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1 (B) ensuring program and policy coordina2 tion among United States Government depart3 ments and agencies in carrying out the Merida 

4 Initiative, including avoiding duplication among 

5 programs and ensuring that a consistent mes6 sage emanates from the United States Govern7 ment; 

8 (C) ensuring that efforts of the United 

9 States Government are in full consonance with 

10 the efforts of the countries within the Merida 

11 Initiative; 

12 (D) tracking, in coordination with the rel13 evant officials of the Department of Defense 

14 and other departments and agencies, United 

15 States assistance programs that fulfill the goals 

16 of the Merida Initiative or are closely related to 

17 the goals of the Merida Initiative; 

18 (E) to the extent possible, tracking infor19 mation required under the second section 620J 

20 of the Foreign Assistance Act of 1961 (22 

21 U.S.C. 2378d) (as added by section 651 of divi22 sion J of Public Law 110–161) with respect to 

23 countries participating in the Merida Initiative; 

24 and 


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1 (F) consulting with the Attorney General 

2 and the Secretary of Homeland Security with 

3 respect to the activities of Federal, State, and 

4 local law enforcement authorities in the United 

5 States relating to the goals of the Merida Ini6 tiative, particularly along the United States7 Mexico border. 

8 (2) RANK AND STATUS OF THE COORDI9 NATOR.—The Coordinator should have the rank and 

10 status of ambassador. 

11 (3) COUNTRIES WITHIN THE MERIDA INITIA12 TIVE DEFINED.—The term ‘‘countries within the 

13 Merida Initiative’’ means Belize, Costa Rica, El Sal14 vador, Guatemala, Honduras, Mexico, Nicaragua, 

15 and Panama and includes Haiti and the Dominican 

16 Republic. 

17 SEC. 902. ADDING THE CARIBBEAN TO THE MERIDA INITIA18 TIVE. 

19 (a) FINDINGS.—Congress finds the following: 

20 (1) The illicit drug trade—which has taken a 

21 toll on the small countries of the Caribbean Commu22 nity (CARICOM) for many years—is now moving 

23 even more aggressively into these countries. 

24 (2) A March 2007 joint report by the United 

25 Nations Office on Drugs and Crime (UNODC) and 


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1 the World Bank noted that murder rates in the Car2 ibbean—at 30 per 100,000 population annually—are 

3 higher than for any other region of the world and 

4 have risen in recent years for many of the region’s 

5 countries. The report also argues that the strongest 

6 explanation for the high crime and violence rates in 

7 the Caribbean and their rise in recent years is drug 

8 trafficking. 

9 (3) If the United States does not move quickly 

10 to provide Merida Initiative assistance to the 

11 CARICOM countries, the positive results of the 

12 Merida Initiative in Mexico and Central America will 

13 move the drug trade deeper into the Caribbean and 

14 multiply the already alarming rates of violence. 

15 (b) CONSULTATIONS.—Not later than 30 days after 

16 the date of the enactment of this Act, the Secretary of 

17 State is authorized to consult with the countries of the 

18 Caribbean Community (CARICOM) in preparation for 

19 their inclusion into the Merida Initiative. 

20 (c) INCORPORATION OF CARICOM COUNTRIES INTO

21 THE MERIDA INITIATIVE.—The President is authorized to 

22 incorporate the CARICOM countries into the Merida Ini23 tiative. 


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1 SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUA2 TION MECHANISM. 

3 (a) DEFINITIONS.—In this section: 

4 (1) IMPACT EVALUATION RESEARCH.—The 

5 term ‘‘impact evaluation research’’ means the appli6 cation of research methods and statistical analysis to 

7 measure the extent to which change in a population8 based outcome can be attributed to program inter9 vention instead of other environmental factors. 

10 (2) OPERATIONS RESEARCH.—The term ‘‘oper11 ations research’’ means the application of social 

12 science research methods, statistical analysis, and 

13 other appropriate scientific methods to judge, com14 pare, and improve policies and program outcomes, 

15 from the earliest stages of defining and designing 

16 programs through their development and implemen17 tation, with the objective of the rapid dissemination 

18 of conclusions and concrete impact on programming. 

19 (3) PROGRAM MONITORING.—The term ‘‘pro20 gram monitoring’’ means the collection, analysis, 

21 and use of routine program data to determine how 

22 well a program is carried out and how much the pro23 gram costs. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) to successfully support building the capacity 

2 of recipient countries’ civilian security institutions, 

3 enhance the rule of law in recipient countries, and 

4 ensure the protection of human rights, the President 

5 should establish a program to conduct impact eval6 uation research, operations research, and program 

7 monitoring to ensure effectiveness of assistance pro8 vided under the Merida Initiative; 

9 (2) long-term solutions to the security problems 

10 of Merida recipient countries depend on increasing 

11 the effectiveness and responsiveness of their civilian 

12 institutions, including their judicial system; 

13 (3) a specific program of impact evaluation re14 search, operations research, and program moni15 toring, established at the inception of the program, 

16 is required to permit assessment of the operational 

17 effectiveness of the impact of United States assist18 ance towards these goals; and 

19 (4) the President, in developing performance 

20 measurement methods under the impact evaluation 

21 research, operations research, and program moni22 toring, should consult with the appropriate congres23 sional committees as well as the governments of 

24 Merida recipient countries. 


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1 (c) IMPACT EVALUATION RESEARCH, OPERATION

2 RESEARCH, AND PROGRAM MONITORING OF ASSIST3 ANCE.—The President shall establish and implement a 

4 program to assess the effectiveness of assistance provided 

5 under the Merida Initiative through impact evaluation re6 search on a selected set of programmatic interventions, op7 erations research in areas to ensure efficiency and effec8 tiveness of program implementation, and monitoring to 

9 ensure timely and transparent delivery of assistance. 

10 (d) REQUIREMENTS.—The program required under 

11 subsection (c) shall include— 

12 (1) a delineation of key impact evaluation re13 search and operations research questions for main 

14 components of assistance provided under the Merida 

15 Initiative; 

16 (2) an identification of measurable performance 

17 goals for each of the main components of assistance 

18 provided under the Merida Initiative, to be expressed 

19 in an objective and quantifiable form at the incep20 tion of the program; 

21 (3) the use of appropriate methods, based on 

22 rigorous social science tools, to measure program im23 pact and operational efficiency; and 


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1 (4) adherence to a high standard of evidence in 

2 developing recommendations for adjustments to such 

3 assistance to enhance the impact of such assistance. 

4 (e) CONSULTATION WITH CONGRESS.—Not later 

5 than 60 days after the date of the enactment of this Act, 

6 the President shall brief and consult with the appropriate 

7 congressional committees regarding the progress in estab8 lishing and implementing the program required under sub9 section (c). 

10 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

11 amounts authorized to be appropriated for the Merida Ini12 tiative, up to 5 percent of such amounts is authorized to 

13 be appropriated to carry out this section. 

14 (g) REPORT.— 

15 (1) IN GENERAL.—Not later than 180 days 

16 after the date of the enactment of this section and 

17 not later than December 1 of each year thereafter, 

18 the President shall transmit to the appropriate con19 gressional committees a report regarding programs 

20 and activities carried out under the Merida Initiative 

21 during the preceding fiscal year. 

22 (2) MATTERS TO BE INCLUDED.—The reports 

23 required under subsection (g) shall include the fol24 lowing: 


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1 (A) FINDINGS.—Findings related to the 

2 impact evaluation research, operation research, 

3 and program monitoring of assistance program 

4 established under subsection (c). 

5 (B) COORDINATION.—Efforts of the 

6 United States Government to coordinate its ac7 tivities, including— 

8 (i) a description of all counter9 narcotics and organized crime assistance 

10 provided to Merida Initiative recipient 

11 countries in the previous fiscal year; 

12 (ii) an assessment of how such assist13 ance was coordinated; and 

14 (iii) recommendations for improving 

15 coordination. 

16 (C) TRANSFER OF EQUIPMENT.—A de17 scription of the transfer of equipment, includ18 ing— 

19 (i) a description of the progress of 

20 each recipient country toward the transfer 

21 of equipment, if any, from its armed forces 

22 to law enforcement agencies; 

23 (ii) a list of agencies that have used 

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1 ment of each recipient country, and, to the 

2 extent possible, a detailed description of 

3 those agencies that have utilized such air 

4 assets, such as by a percentage breakdown 

5 of use by each agency; and 

6 (iii) a description of training of law 

7 enforcement agencies to operate equip8 ment, including air assets. 

9 (D) HUMAN RIGHTS.—In accordance with 

10 sections 116(d) and 502B(b) of the Foreign As11 sistance Act of 1961 (22 U.S.C. 2151n(d) and 

12 2304(b)) and section 504 of the Trade Act of 

13 1974 (19 U.S.C. 2464), an assessment of the 

14 human rights impact of the equipment and 

15 training provided under the Merida Initiative, 

16 including— 

17 (i) a list of accusations of serious 

18 human rights abuses committed by the 

19 armed forces and law enforcement agencies 

20 of recipient countries on or after the date 

21 of the enactment of this Act; and 

22 (ii) a description of efforts by the gov23 ernments of Merida recipient countries to 

24 investigate and prosecute allegations of 


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1 abuses of human rights committed by any 

2 agency of such recipient countries. 

3 (E) EFFECTIVENESS OF EQUIPMENT.—An 

4 assessment of the long-term effectiveness of the 

5 equipment and maintenance packages and 

6 training provided to each recipient country’s se7 curity institutions. 

8 (F) MEXICO PUBLIC SECURITY STRAT9 EGY.—A description of Mexico’s development of 

10 a public security strategy, including— 

11 (i) effectiveness of the Mexican Fed12 eral Registry of Police Personnel to vet po13 lice recruiting at the National, state, and 

14 municipal levels to prevent rehiring from 

15 one force to the next after dismissal for 

16 corruption and other reasons; and 

17 (ii) an assessment of how the Merida 

18 Initiative complements and supports the 

19 Mexican Government’s own public security 

20 strategy. 

21 (G) FLOW OF ILLEGAL ARMS.—A descrip22 tion and assessment of efforts to reduce the 

23 southbound flow of illegal arms. 

24 (H) USE OF CONTRACTORS.—A detailed 

25 description of contracts awarded to private 


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1 companies to carry out provisions of the Merida 

2 Initiative, including— 

3 (i) a description of the number of 

4 United States and foreign national civilian 

5 contractors awarded contracts; 

6 (ii) a list of the total dollar value of 

7 the contracts; and 

8 (iii) the purposes of the contracts. 

9 (I) PHASE OUT OF LAW ENFORCEMENT

10 ACTIVITIES.—A description of the progress of 

11 phasing out law enforcement activities of the 

12 armed forces of each recipient country. 

13 (J) IMPACT ON BORDER VIOLENCE AND

14 SECURITY.—A description of the impact that 

15 activities authorized under the Merida Initiative 

16 have had on violence against United States and 

17 Mexican border personnel and the extent to 

18 which these activities have increased the protec19 tion and security of the United States-Mexico 

20 border. 

21 (K) FLOW OF ILLEGAL FUNDS.—A de22 scription and assessment of efforts to reduce 

23 the southbound flow of illegal funds. 

24 (3) SENSE OF CONGRESS.—It is the sense of 

25 Congress that, to the extent practicable, and without 


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1 compromising law enforcement sensitive or other 

2 protected information, the reports required by para3 graph (1) should be made available to the Congress 

4 of Mexico for use in their oversight activities, includ5 ing through the Mexico-United States Inter-Par6 liamentary Group process. 

7 SEC. 904. MERIDA INITIATIVE DEFINED. 

8 In this subtitle, the term ‘‘Merida Initiative’’ means 

9 the program announced by the United States and Mexico 

10 on October 22, 2007, to fight illicit narcotics trafficking 

11 and criminal organizations throughout the Western Hemi12 sphere. 

13 Subtitle B—Prevention of Illicit 

14 Trade in Small Arms and Light 

15 Weapons 

16 SEC. 911. TASK FORCE ON THE PREVENTION OF ILLICIT 

17 SMALL ARMS TRAFFICKING IN THE WESTERN 

18 HEMISPHERE. 

19 (a) ESTABLISHMENT.—The President shall establish 

20 an inter-agency task force to be known as the ‘‘Task Force 

21 on the Prevention of Illicit Small Arms Trafficking in the 

22 Western Hemisphere’’ (in this section referred to as the 

23 ‘‘Task Force’’). 

24 (b) DUTIES.—The Task Force shall evaluate United 

25 States export controls on the illicit export of small arms 


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1 and light weapons throughout the Western Hemisphere, 

2 including Mexico, Central America, the Caribbean, and 

3 South America. The Task Force shall— 

4 (1) conduct a thorough review and analysis of 

5 the current regulation and enforcement of current 

6 regulations of exports of small arms and light weap7 ons; and 

8 (2) evaluate Federal policies, including enforce9 ment policies, for control of exports of small arms 

10 and light weapons and, if warranted, suggest im11 provements that further the foreign policy and na12 tional security interests of the United States within 

13 the Western Hemisphere. 

14 (c) MEMBERSHIP.—The Task Force shall be com15 posed of— 

16 (1) the Secretary of State; 

17 (2) the Attorney General; 

18 (3) the Secretary of Defense; 

19 (4) the Secretary of Homeland Security; and 

20 (5) the heads of other Federal departments and 

21 agencies as appropriate. 

22 (d) CHAIRPERSON.—The Secretary of State shall 

23 serve as the chairperson of the Task Force. 

24 (e) MEETINGS.—The Task Force shall meet at the 

25 call of the chairperson or a majority of its members. 


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1 (f) ANNUAL REPORTS.—Not later than 1 year after 

2 the date of the enactment of this Act and annually there3 after until October 31, 2014, the chairperson of the Task 

4 Force shall submit to Congress and make available to the 

5 public a report that contains— 

6 (1) a description of the activities of the Task 

7 Force during the preceding year; and 

8 (2) the findings, strategies, recommendations, 

9 policies, and initiatives developed pursuant to the 

10 duties of the Task Force under subsection (b) dur11 ing the preceding year. 

12 SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAF13 FICKING IN SMALL ARMS AND LIGHT WEAP14 ONS TO COUNTRIES IN THE WESTERN HEMI15 SPHERE. 

16 Section 38 of the Arms Export Control Act (22 

17 U.S.C. 2778), as amended by sections 831(a) of this divi18 sion, is further amended— 

19 (1) in subsection (c), by striking ‘‘Whoever’’ 

20 and inserting ‘‘Subject to subsection (d), whoever,’’; 

21 and 

22 (2) by inserting after subsection (c) the fol23 lowing new subsection: 

24 ‘‘(d) TRAFFICKING IN SMALL ARMS AND LIGHT

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1 SPHERE.—Whoever willfully exports to a country in the 

2 Western Hemisphere any small arm or light weapon with3 out a license in violation of this section shall be fined not 

4 more than $3,000,000 and imprisoned for not more than 

5 20 years, or both. For purposes of this subsection, the 

6 term ‘small arm or light weapon’ means any item listed 

7 in Category I(a), Category III (as it applies to Category 

8 I(a)), or grenades under Category IV(a) of the United 

9 States Munitions List (as contained in part 121 of title 

10 22, Code of Federal Regulations (or successor regula11 tions)) that requires a license for international export 

12 under this section.’’. 

13 SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM. 

14 Section 36(b) of the State Department Basic Au15 thorities Act of 1956 (22 U.S.C. 2708(b)) is amended— 

16 (1) by redesignating paragraphs (4) through 

17 (7) as paragraphs (5) through (8), respectively; 

18 (2) by inserting after paragraph (3) the fol19 lowing new paragraph: 

20 ‘‘(4) the arrest or conviction in any country of 

21 any individual for illegally exporting or attempting 

22 to export to Mexico any small arm or light weapon 

23 (as defined in section 912(b) of the Foreign Rela24 tions Authorization Act, Fiscal Years 2010 and 

25 2011);’’; and 


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1 (3) in paragraphs (5) and (6) (as redesignated), 

2 by striking ‘‘paragraph (1), (2), or (3)’’ each place 

3 it appears and inserting ‘‘paragraph (1), (2), (3), or 

4 (4)’’. 

5 TITLE X—REPORTING 

6 REQUIREMENTS 

7 SEC. 1001. ASSESSMENT OF SPECIAL COURT FOR SIERRA 

8 LEONE. 

9 Not later than 180 days after the date of the enact10 ment of this Act, the Secretary of State shall submit to 

11 the appropriate congressional committees an assessment 

12 on the continuing needs of the Special Court for Sierra 

13 Leone, including an assessment of the following activities 

14 of the Special Court: 

15 (1) Witness protection. 

16 (2) Archival activities, including recordkeeping 

17 associated with future legal work by the Special 

18 Court. 

19 (3) The residual registrar’s capacity for enforc20 ing Special Court sentences and maintaining rela21 tions with countries hosting imprisoned convicts of 

22 the Special Court, legal decisionmaking regarding 

23 future appeals, conditions of prisoner treatment, 

24 contempt proceedings, and financial matters relating 

25 to such activities. 


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1 (4) Transfer or maintenance of Special Court 

2 records to a permanent recordkeeping authority in 

3 Sierra Leone. 

4 (5) Ongoing needs or programs for community 

5 outreach, for the purpose of reconciliation and heal6 ing, regarding the Special Court’s legal proceedings 

7 and decisions. 

8 (6) Plans for the Special Court’s facilities in Si9 erra Leone and plans to use the Special Court, and 

10 expertise of its personnel, for further development of 

11 the legal profession and an independent and effective 

12 judiciary in Sierra Leone. 

13 (7) Unresolved cases, or cases that were not 

14 prosecuted. 

15 SEC. 1002. REPORT ON UNITED STATES CAPACITIES TO 

16 PREVENT GENOCIDE AND MASS ATROCITIES. 

17 (a) FINDINGS.—Congress finds the following: 

18 (1) The lack of an effective government-wide 

19 strategy and adequate capacities for preventing 

20 genocide and mass atrocities against civilians under21 mines the ability of the United States to contribute 

22 to the maintenance of global peace and security and 

23 protect vital United States interests. 

24 (2) The December 2008 Report of the Genocide 

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1 retary of State Madeleine Albright and former Sec2 retary of Defense William Cohen offers a valuable 

3 blueprint for strengthening United States capacities 

4 to help prevent genocide and mass atrocities. 

5 (3) Specific training and staffing will enhance 

6 the diplomatic capacities of the Department of State 

7 to help prevent and respond to threats of genocide 

8 and mass atrocities. 

9 (b) REPORT.— 

10 (1) REPORT REQUIRED.—Not later than 180 

11 days after the date of the enactment of this Act, the 

12 Secretary of State shall submit to the appropriate 

13 congressional committees a report outlining specific 

14 plans for the development of a government-wide 

15 strategy and the strengthening of United States ci16 vilian capacities for preventing genocide and mass 

17 atrocities against civilians. 

18 (2) CONTENT.—The report required under 

19 paragraph (1) shall include the following: 

20 (A) An evaluation of current mechanisms 

21 for government-wide early warning, informa22 tion-sharing, contingency planning, and coordi23 nation of effort to prevent and respond to situa24 tions of genocide, mass atrocities, and other 

25 mass violence. 


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1 (B) An assessment of current capacities 

2 within the Department of State, including spe3 cific staffing and training, for early warning, 

4 preventive diplomacy, and crisis response to 

5 help avert genocide and mass atrocities. 

6 (C) An evaluation of United States foreign 

7 assistance programs and mechanisms directed 

8 toward the prevention of genocide and mass 

9 atrocities, including costs, challenges to imple10 mentation, and successes of such programs and 

11 mechanisms. 

12 (D) An assessment of the feasibility, effec13 tiveness, and potential costs of implementing 

14 key recommendations made by the Genocide 

15 Prevention Task Force, including the establish16 ment of an Atrocities Prevention Committee 

17 within the National Security Council and in18 creased annual and contingency funding for the 

19 prevention of genocide and mass atrocities. 

20 (E) Recommendations to further strength21 en United States capacities to help prevent 

22 genocide, mass atrocities, and other mass vio23 lence, including enhanced early warning mecha24 nisms, strengthened diplomatic capacities of the 


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1 Department of State, and improved use of 

2 United States foreign assistance. 

3 SEC. 1003. REPORTS RELATING TO PROGRAMS TO ENCOUR4 AGE GOOD GOVERNANCE. 

5 (a) IN GENERAL.—Subparagraph (C) of section 

6 133(d)(2) of the Foreign Assistance Act of 1961 (22 

7 U.S.C. 2152c(d)(2)) is amended by inserting before the 

8 period at the end the following: ‘‘, including, with respect 

9 to a country that produces or exports large amounts of 

10 natural resources such as petroleum or natural resources, 

11 the degree to which citizens of the country have access 

12 to information about government revenue from the extrac13 tion of such resources and credible reports of human 

14 rights abuses against individuals from civil society or the 

15 media seeking to monitor such extraction’’. 

16 (b) EFFECTIVE DATE.—The amendment made by 

17 subsection (a) shall apply with respect to reports required 

18 to be transmitted under section 133(d)(2) of the Foreign 

19 Assistance Act of 1961, as so amended, on or after the 

20 date of the enactment of this Act. 

21 SEC. 1004. REPORTS ON HONG KONG. 

22 Section 301 of the United States-Hong Kong Policy 

23 Act of 1992 (Public Law 102–383; 22 U.S.C. 5731) is 

24 amended, in the matter preceding paragraph (1), by strik25 ing ‘‘and March 31, 2006’’ and inserting ‘‘March 31, 


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1 2006, and March 31, 2010, and March 31 of every subse2 quent year through 2020,’’. 

3 SEC. 1005. DEMOCRACY IN GEORGIA. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the development and consolidation of effective 

6 democratic governance in Georgia, including free and fair 

7 electoral processes, respect for human rights and the rule 

8 of law, an independent media, an independent judiciary, 

9 a vibrant civil society, as well as transparency and ac10 countability of the executive branch and legislative proc11 ess, is critically important to Georgia’s integration into 

12 Euro-Atlantic institutions, stability in the Caucasus re13 gion, and United States national security. The United 

14 States should urge the European Union, its member 

15 states, and the international community to call for an im16 mediate and complete withdrawal of Russian troops de17 ployed within Georgia in accordance with the August and 

18 September 2008 ceasefire agreements and for Russia to 

19 rescind its recognition of the independence of Abkhazia 

20 and South Ossetia. 

21 (b) REPORT ON DEMOCRACY IN GEORGIA.— 

22 (1) IN GENERAL.—Not later than 180 days 

23 after the date of the enactment of this Act, and not 

24 later than December 31 of each of the two fiscal 

25 years thereafter, the Secretary of State shall submit 


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1 to the appropriate congressional committees a report 

2 on the programs, projects, and activities carried out 

3 in Georgia with United States foreign assistance fol4 lowing the August 2008 conflict with Russia. 

5 (2) CONTENTS.—The report required under 

6 paragraph (1) shall include information concerning 

7 the following: 

8 (A) The amount of United States assist9 ance obligated and expended for reconstruction 

10 activities for the prior fiscal year. 

11 (B) A description of the programs funded 

12 by such assistance, including humanitarian aid, 

13 reconstruction of critical infrastructure, eco14 nomic development, political and democratic de15 velopment, and broadcasting. 

16 (C) An evaluation of the impact of such 

17 programs, including their contribution to the 

18 consolidation of democracy in Georgia and ef19 forts by the Government of Georgia to improve 

20 democratic governance. 

21 (D) An analysis of the implementation of 

22 the United States-Georgia Charter on Strategic 

23 Partnership. 


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1 SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that the United States should assist Israel in its ef4 forts to establish diplomatic relations. 

5 (b) REPORT.—Not later than 180 days after the date 

6 of the enactment of this Act and annually thereafter, the 

7 Secretary of State shall submit to the appropriate congres8 sional committees a report that includes the following in9 formation: 

10 (1) Actions taken by representatives of the 

11 United States to encourage other countries to estab12 lish full diplomatic relations with Israel. 

13 (2) Specific responses solicited and received by 

14 the Secretary from countries that do not maintain 

15 full diplomatic relations with Israel with respect to 

16 their attitudes toward and plans for entering into 

17 diplomatic relations with Israel. 

18 (3) Other measures being undertaken, and 

19 measures that will be undertaken, by the United 

20 States to ensure and promote Israel’s full participa21 tion in the world diplomatic community. 

22 (c) FORM OF SUBMISSION.—The report required 

23 under subsection (b) may be submitted in classified or un24 classified form, as the Secretary determines appropriate. 


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1 SEC. 1007. POLICE TRAINING REPORT. 

2 (a) IN GENERAL.—Not later than 180 days after the 

3 date of the enactment of this Act, the President shall, in 

4 coordination with the heads of relevant Federal depart5 ments and agencies, conduct a study and transmit to the 

6 appropriate congressional committees and the Committee 

7 on Armed Services of the House of Representatives and 

8 the Committee on Armed Services of the Senate a report 

9 on current overseas civilian police training in countries or 

10 regions that are at risk of, in, or are in transition from, 

11 conflict or civil strife. 

12 (b) CONTENTS.—The report required under sub13 section (a) shall contain information on the following: 

14 (1) The coordination, communication, program 

15 management, and policy implementation among the 

16 United States civilian police training programs in 

17 countries or regions that are at risk of, in, or are 

18 in transition from, conflict or civil strife. 

19 (2) The number of private contractors con20 ducting such training, and the quality and cost of 

21 such private contractors. 

22 (3) An assessment of pre-training procedures 

23 for verification of police candidates to adequately as24 sess their aptitude, professional skills, integrity, and 

25 other qualifications that are essential to law enforce26 ment work. 


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1 (4) An analysis of the practice of using existing 

2 Federal police entities to provide civilian police 

3 training in countries or regions that are at risk of, 

4 in, or are in transition from, conflict or civil strife, 

5 along with the subject matter expertise that each 

6 such entity may provide to meet local needs in lieu 

7 of the use of private contractors. 

8 (5) Provide recommendations, including rec9 ommendations related to required resources and ac10 tions, to maximize the effectiveness and interagency 

11 coordination and the adequate provision of civilian 

12 police training programs in countries or regions that 

13 are at risk of, in, or are in transition from, conflict 

14 or civil strife. 

15 SEC. 1008. REPORTS ON HUMANITARIAN ASSISTANCE IN 

16 GAZA. 

17 (a) IN GENERAL.—Not later than 180 days after the 

18 date of the enactment of this Act and 1 year thereafter, 

19 the Secretary of State shall submit to the appropriate con20 gressional committees a report detailing the humanitarian 

21 conditions and efficacy and obstacles to humanitarian and 

22 reconstruction assistance activities in Gaza. 

23 (b) CONTENTS.—The reports required under sub24 section (a) shall include the following: 


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1 (1) An assessment of the level of access to basic 

2 necessities in Gaza, including food, fuel, water, sani3 tation, education, and healthcare. 

4 (2) An assessment of the ability to successfully 

5 deliver and distribute humanitarian and reconstruc6 tion goods and supplies. 

7 (3) A description of the efforts of the United 

8 States and its allies to facilitate the receipt and dis9 tribution of humanitarian and reconstruction assist10 ance in Gaza. 

11 (4) An assessment of the obstacles to the deliv12 ery of humanitarian and reconstruction assistance, 

13 including the activities and policies of Hamas and 

14 any organization designated as a foreign terrorist or15 ganization under section 219 of the Immigration and 

16 Nationality Act. 

17 (5) Recommendations for actions the United 

18 States can take to best improve the level of access 

19 to basic necessities referred to in paragraph (1) and 

20 overcome obstacles described in paragraphs (2) 

21 through (4). 

22 (6) An assessment of the policy prohibiting per23 sonnel of the Department of State and the United 

24 States Agency for International Development from 

25 traveling to Gaza following the tragic roadside 


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1 bombing in 2003. Such an assessment should con2 sider and evaluate the prospects that such personnel 

3 might resume humanitarian assistance operations or 

4 commence monitoring functions relating to humani5 tarian aid distribution in Gaza in order to ascertain 

6 that United States foreign assistance is not misused 

7 in ways that benefit any organization designated as 

8 a foreign terrorist organization under section 219 of 

9 the Immigration and Nationality Act (8 U.S.C. 

10 1189). 

11 SEC. 1009. REPORT ON ACTIVITIES IN HAITI. 

12 Not later than 180 days after the date of the enact13 ment of this Act, the Secretary of State shall submit to 

14 the appropriate congressional committees a report on the 

15 following: 

16 (1) HURRICANE EMERGENCY RECOVERY.—The 

17 status of activities in Haiti funded or authorized, in 

18 whole or in part, by the Department of State and 

19 the United States Agency for International Develop20 ment (USAID) through assistance appropriated 

21 under the Consolidated Security, Disaster Assist22 ance, and Continuing Appropriations Act, 2009. 

23 (2) GENERAL ACTIVITIES.—A summary of ac24 tivities funded or authorized, in whole or in part, by 

25 the Department of State and USAID in the previous 


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1 12-month period, how such activities supplement the 

2 work of the Government of Haiti to provide a safe 

3 and prosperous democracy for its citizens, and a 

4 timetable for when management and implementation 

5 of such activities will be turned over to the Govern6 ment of Haiti or Haitian nationals. 

7 (3) COORDINATION.—A description of how 

8 United States assistance is coordinated— 

9 (A) among United States departments and 

10 agencies; and 

11 (B) with other donors to Haiti, including 

12 programs through the United Nations, the 

13 Inter-American Development Bank, and the Or14 ganization of American States. 

15 (4) BENCHMARKS.—A summary of short-term 

16 and long-term objectives for United States assist17 ance to Haiti and metrics that will be used to iden18 tify, track, and manage the progress of United 

19 States activities in Haiti. 

20 SEC. 1010. REPORT ON RELIGIOUS MINORITY COMMU21 NITIES IN THE MIDDLE EAST. 

22 (a) INITIATIVE AUTHORIZED.—The Secretary of 

23 State is authorized to undertake a focused initiative to 

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1 ommendations to protect vulnerable religious minorities 

2 throughout the Middle East region. 

3 (b) REPORT.—Not later than 180 days after the date 

4 of the enactment of this Act, and 1 year thereafter, the 

5 Secretary of State shall submit to the appropriate congres6 sional committees a report on the humanitarian conditions 

7 of religious minority communities in the Middle East and 

8 efficacy and obstacles to humanitarian assistance activities 

9 to help meet the basic needs of vulnerable persons affili10 ated with minority religions in the Middle East, and rec11 ommendations to mitigate adverse humanitarian cir12 cumstances facing such persons. 

13 SEC. 1011. IRAN’S INFLUENCE IN THE WESTERN HEMI14 SPHERE. 

15 (a) FINDINGS.—Congress finds the following: 

16 (1) The 2008 Country Report on Terrorism 

17 states that ‘‘Iran and Venezuela continued weekly 

18 flights connecting Tehran and Damascus with Cara19 cas. Passengers on these flights were reportedly sub20 ject to only cursory immigration and customs con21 trols at Simon Bolivar International Airport in Ca22 racas.’’. 

23 (2) The Governments of Venezuela and Iran 

24 have forged a close relationship. 


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1 (3) Iran has sought to strengthen ties with sev2 eral countries in the Western Hemisphere in order 

3 to undermine United States foreign policy. 

4 (b) REPORT.—Not later than 90 days after the date 

5 of the enactment of this Act, the Secretary of State shall 

6 submit to the appropriate congressional committees a re7 port that includes actions taken by the Government of 

8 Iran and Hezbollah in the Western Hemisphere. A classi9 fied annex may be included, if necessary. 

10 SEC. 1012. RECRUITMENT AND HIRING OF VETERANS AT 

11 THE DEPARTMENT OF STATE AND UNITED 

12 STATES AGENCY FOR INTERNATIONAL DE13 VELOPMENT. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) Building a more expeditionary and capable 

16 Department of State and United States Agency for 

17 International Development requires recruitment of 

18 personnel with experience working in unstable areas. 

19 (2) Veterans of the Armed Forces have special20 ized experience gained from working under stressful 

21 circumstances in hostile, foreign environments or 

22 under difficult circumstances. 

23 (3) The Foreign Service Act of 1980 states that 

24 ‘‘The fact that an applicant for appointment as a 

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1 abled veteran shall be considered an affirmative fac2 tor in making such appointments.’’. 

3 (4) In 1998, Congress enacted the Veterans 

4 Employment Opportunities Act (VEOA), requiring 

5 that Federal agencies must allow preference eligibles 

6 and certain veterans to apply for positions an7 nounced under merit promotion procedures whenever 

8 an agency is recruiting from outside its own work9 force. 

10 (5) The annual report of the Office of Per11 sonnel Management on ‘‘The Employment of Vet12 erans in the Federal Government’’ for fiscal year 

13 2007, detailing the efforts by all agencies of the 

14 Federal Government to hire veterans, reported that 

15 15.6 percent of all Department of State employees 

16 were veterans. 

17 (b) SENSE OF CONGRESS.—It is the sense of Con18 gress that the Department of State and the United States 

19 Agency for International Development should intensify 

20 their efforts to recruit more veterans, that those appli21 cants who are entitled to five or ten point veterans pref22 erence have also served in the Armed Forces in areas of 

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1 rience should be an additional affirmative factor in making 

2 appointments to serve in the Foreign Service. 

3 (c) REPORT.—Not later than 90 days after the date 

4 of the enactment of this Act, the Secretary of State and 

5 the Administrator of the United States Agency for Inter6 national Development shall jointly submit to Congress a 

7 report on the efforts of the Department of State and the 

8 United States Agency for International Development to 

9 improve the recruitment of veterans into their respective 

10 workforces. 

11 SEC. 1013. REPORT ON CHILD ABDUCTION. 

12 Not later than 60 days after the date of the enact13 ment of this Act, the Secretary of State shall submit to 

14 Congress a report containing recommendations for 

15 changes to the Hague Convention on the Civil Aspects of 

16 International Child Abduction and related United States 

17 laws and regulations regarding international parental 

18 child abduction that would, if enacted, provide the United 

19 States additional legal tools to ensure compliance with the 

20 Hague Convention and facilitate the swift return of 

21 United States children wrongfully removed from the 

22 United States as a result of international parental child 

23 abduction, such as in the case of Sean Goldman of Tinton 

24 Falls, New Jersey. 


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1 SEC. 1014. REPORT ON EFFECTS OF BUY AMERICA ACT 

2 WAIVERS UNDER THE PEPFAR PROGRAM. 

3 (a) STUDY.—The Comptroller General of the United 

4 States shall conduct a study of the effects of the United 

5 States Agency for International Development’s use of 

6 waivers under the Buy America Act for HIV test kits 

7 under the President’s Emergency Plan for AIDS Relief 

8 (PEPFAR) program on— 

9 (1) United States-based manufacturers; and 

10 (2) availability of and access to HIV testing for 

11 at-risk populations in low-income countries. 

12 (b) REPORT.—Not later than 180 days after the date 

13 of the enactment of this Act, the Comptroller General shall 

14 submit to Congress a report on the results of the study 

15 required under subsection (a). 

16 SEC. 1015. REPORT ON UNITED STATES-BRAZIL JOINT AC17 TION PLAN TO ELIMINATE RACIAL DISCRIMI18 NATION. 

19 Not later than 180 days after the date of the enact20 ment of this Act and 1 year thereafter, the Secretary of 

21 State shall submit to the appropriate congressional com22 mittees a report detailing the status, efficacy, and coordi23 nation of the United States-Brazil Joint Action Plan to 

24 Eliminate Racial Discrimination, and a summary of short 

25 and long-term efforts to address the plight of in Afro 


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1 Latinos and indigenous peoples in the Western Hemi2 sphere through cooperation and bilateral efforts. 

3 SEC. 1016. REPORT ON REDUCING SMUGGLING AND TRAF4 FICKING IN PERSONS. 

5 The Secretary of State, in consultation with the 

6 heads of other relevant Federal departments and agencies, 

7 shall conduct a cost-benefit analysis and submit to Con8 gress a report on how best to use United States funds 

9 to reduce smuggling and trafficking in persons. 

10 SEC. 1017. REPORT ON WESTERN HEMISPHERE TRAVEL INI11 TIATIVE. 

12 Not later than 18 months after the date of enactment 

13 of this Act, the Secretary of State shall submit to Con14 gress a report on the effects of the Western Hemisphere 

15 Travel Initiative (WHTI) on the flow of people, goods, and 

16 services across the international borders of the United 

17 States, Canada, Mexico, Bermuda, and the Caribbean re18 gion, with particular emphasis on whether WHTI has been 

19 effective in meeting its goal of strengthening United 

20 States border security and enhancing accountability of in21 dividuals entering the United States, and an assessment 

22 of the economic impact associated with WHTI and its ef23 fects on small businesses. 


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1 SEC. 1018. REPORT ON UNITED STATES CONTRIBUTIONS TO 

2 THE UNITED NATIONS. 

3 (a) IN GENERAL.—Not later than 90 days after the 

4 date of the enactment of this Act and annually thereafter 

5 for the next 2 years, the President shall submit to Con6 gress a report, with respect to the preceding fiscal year, 

7 listing each United States agency, department, or entity 

8 that provides assessed or voluntary contributions to the 

9 United Nations and United Nations affiliated agencies 

10 and related bodies through grants, contracts, subgrants, 

11 or subcontracts that is not fully compliant with the re12 quirements to post such funding information for the fiscal 

13 year covered by such report on the website 

14 ‘‘USAspending.gov’’ as required by the Federal Funding 

15 Accountability and Transparency Act (Public Law 109– 

16 282). 

17 (b) AVAILABILITY TO PUBLIC.—The Office of Man18 agement and Budget shall post a public version of each 

19 report submitted under subsection (a) on a text-based 

20 searchable and publicly available Internet website. 

21 TITLE XI—MISCELLANEOUS 

22 PROVISIONS 

23 Subtitle A—General Provisions 

24 SEC. 1101. BILATERAL COMMISSION WITH NIGERIA. 

25 (a) SENSE OF CONGRESS.—It is the sense of Con26 gress that not later than 180 days after the date of the 


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1 enactment of this Act, the President should establish a 

2 bilateral commission between the United States and Nige3 ria to support bilateral cooperation in the areas of— 

4 (1) trade and development; 

5 (2) economic integration; 

6 (3) infrastructure planning, finance, develop7 ment, and management; 

8 (4) budget reform and public finance manage9 ment; 

10 (5) higher education, including applied re11 search; 

12 (6) energy; 

13 (7) peace and security reform; 

14 (8) rule of law; 

15 (9) anti-corruption efforts, establishment of 

16 greater transparency, and electoral reform; and 

17 (10) monitoring whether bilateral efforts under18 taken between respective Federal, State, and local 

19 governments are achieving the goals set forth by the 

20 Governments of the United States and Nigeria. 

21 (b) BILATERAL COMMISSION.— 

22 (1) COMPOSITION.—If the President establishes 

23 the bilateral commission referred to in subsection 

24 (a), the commission should have an equal number of 

25 members representing the United States and Nigeria 


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1 and appointed by the respective Presidents of each 

2 country. Members should include representatives of 

3 Federal, State, and local governments, the private 

4 sector, and civil society organizations. 

5 (2) FUNCTIONS.—The commission should— 

6 (A) work to establish a bilateral process 

7 that establishes the mission, goals, and objec8 tives of a bilateral partnership and establish 

9 guidelines for accountability and rules to meas10 ure the effectiveness for any initiatives under11 taken; 

12 (B) monitor bilateral technical assistance 

13 and capacity building projects that are con14 sistent with and further the mission, goals, and 

15 objectives established by the commission; and 

16 (C) submit to the United States President, 

17 the United States Congress, the Nigerian Presi18 dent, and the Nigerian National Assembly a re19 port on the amount of progress achieved on 

20 projects undertaken by the two governments to 

21 achieve bilaterally determined goals established 

22 by the commission. 

23 (3) MONITORING OF PROJECTS.—The commis24 sion should select and monitor specific projects that 

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1 ernments of the United States and Nigeria to deter2 mine whether technical assistance and capacity 

3 building are being used effectively and whether mu4 tual benefit is being gained through the implementa5 tion of such bilateral projects. 

6 (4) REVIEW AND REPORT.—The Secretary of 

7 State should review the work of the commission and 

8 annually submit to the President and Congress a re9 port on whether progress has been made to meet the 

10 goals set forth by the commission and whether bilat11 eral efforts have served the interest of United States 

12 and Nigerian bilateral relations. 

13 (5) UNITED STATES CONTRIBUTIONS.—United 

14 States contributions to support the Commission 

15 should be financed through existing resources. 

16 SEC. 1102. AUTHORITIES RELATING TO THE SOUTHERN AF17 RICA ENTERPRISE DEVELOPMENT FUND. 

18 (a) USE OF PRIVATE VENTURE CAPITAL.— 

19 (1) IN GENERAL.—In order to maximize the ef20 fectiveness of the activities of the Southern Africa 

21 Enterprise Development Fund, the Fund may con22 duct public offerings or private placements for the 

23 purpose of soliciting and accepting private venture 

24 capital which may be used, separately or together 

25 with funds made available from the United States 


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1 Government, for any lawful investment purpose that 

2 the Board of Directors of the Fund may determine 

3 in carrying out the activities of the Fund. 

4 (2) DISTRIBUTION OF FINANCIAL RETURNS.— 

5 Financial returns on Fund investments that include 

6 a component of private venture capital may be dis7 tributed, at such times and in such amounts as the 

8 Board of Directors of the Fund may determine, to 

9 the investors of such capital. 

10 (b) NONAPPLICABILITY OF OTHER LAWS.— 

11 (1) IN GENERAL.—Funds made available from 

12 the United States Government to the Fund may be 

13 used for the purposes of the agreement between the 

14 United States Government and the Fund notwith15 standing any other provision of law. 

16 (2) SUPPORT FROM FEDERAL DEPARTMENTS

17 AND AGENCIES.—The heads of Federal departments 

18 and agencies may conduct programs and activities 

19 and provide services in support of the activities of 

20 the Fund notwithstanding any other provision of 

21 law. 

22 (c) DEFINITION.—In this section, the term ‘‘South23 ern Africa Enterprise Development Fund’’ or ‘‘Fund’’ in24 cludes— 


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1 (1) any successor or related entity to the South2 ern Africa Enterprise Development Fund that is ap3 proved the United States Government; and 

4 (2) any organization, corporation, limited-liabil5 ity partnership, foundation, or other corporate struc6 ture that receives, or is authorized by the United 

7 States Government to manage, any or all of the re8 maining funds or assets of the Southern Africa En9 terprise Development Fund. 

10 SEC. 1103. DIABETES TREATMENT AND PREVENTION AND 

11 SAFE WATER AND SANITATION FOR PACIFIC 

12 ISLAND COUNTRIES. 

13 (a) IN GENERAL.—There is authorized to be appro14 priated $500,000 for each of fiscal years 2010 and 2011 

15 to establish a diabetes prevention and treatment program 

16 for Pacific Island countries and for safe water and sanita17 tion. 

18 (b) PACIFIC ISLAND COUNTRIES DEFINED.—In this 

19 section, the term ‘‘Pacific Island countries’’ means Fiji, 

20 Kiribati, the Marshall Islands, the Federated States of Mi21 cronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, 

22 Solomon Islands, Tonga, Tuvalu, and Vanuatu. 

23 SEC. 1104. STATELESSNESS. 

24 (a) PURPOSE.—It is the purpose of this section to 

25 increase global stability and security for the United States 


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1 and the international community and decrease trafficking 

2 and discrimination by reducing the number of individuals 

3 who are de jure or de facto stateless and as a consequence 

4 are unable to avail themselves of their right to a nation5 ality and its concomitant rights and obligations and are 

6 excluded from full participation in civil society. 

7 (b) FINDINGS.—Congress finds the following: 

8 (1) The right to a nationality is a foundation of 

9 human rights, and a deterrent to displacement and 

10 disaffection. The State is the primary vehicle 

11 through which individuals are guaranteed their in12 alienable rights and are made subject to the rule of 

13 law. Regional stability and security are undermined 

14 when individuals cannot avail themselves of their 

15 right to a nationality and its concomitant rights and 

16 obligations and are excluded from full participation 

17 in civil society. 

18 (2) The right to a nationality and citizenship is 

19 therefore specifically protect in international declara20 tions and treaties, including Article 15 of the Uni21 versal Declaration of Human Rights, the 1954 Con22 vention Relating to the Status of Stateless Persons, 

23 the 1961 Convention on the Reduction of Stateless24 ness, Article 24 of the International Covenant on 

25 Civil and Political Rights, and Article 9(2) of the 


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1 Convention on the Elimination of Discrimination 

2 Against Women. 

3 (3) In the 21st century, the adverse effects of 

4 de jure or de facto statelessness still impact at least 

5 an estimated 11,000,000 million people worldwide, 

6 who are unable to avail themselves of the rights of 

7 free people everywhere to an effective nationality, to 

8 the rights to legal residence, to travel, to work in the 

9 formal economy or professions, to attend school, to 

10 access basic health services, to purchase or own 

11 property, to vote, or to hold elected office, and to 

12 enjoy the protection and security of a country. 

13 (c) THE UNITED NATIONS.— 

14 (1) POLICY.—It shall be the policy of the 

15 United States that the President and the Permanent 

16 Representative of the United States to the United 

17 Nations work with the international community to 

18 increase political and financial support for the work 

19 of the United Nations High Commissioner for Refu20 gees (UNHCR) to prevent and resolve problems re21 lated to de jure and de facto statelessness, and to 

22 promote the rights of the de jure or de facto state23 less, by taking these and other actions: 

24 (A) Increasing the attention of the United 

25 Nations and the UNHCR to de jure and de 


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1 facto statelessness and increasing its capacity 

2 to reduce statelessness around the world by co3 ordinating the mainstreaming of de jure and de 

4 facto statelessness into all of the United Na5 tions human rights work, in cooperation with all 

6 relevant United Nations agencies. 

7 (B) Urging United Nations country teams 

8 in countries with significant de jure or de facto 

9 stateless populations to devote increasing atten10 tion and resources to undertake coordinated ef11 forts by all United Nations offices, funds, and 

12 programs to bring about the full registration 

13 and documentation of all persons resident in 

14 the territory of each country, either as citizens 

15 or as individuals in need of international protec16 tion. 

17 (C) Urging the creation of an Inter-Agency 

18 Task Force on Statelessness with representa19 tion from the UNHCR, the United Nations 

20 Children’s Fund (UNICEF), and other relevant 

21 United Nations agencies that will coordinate to 

22 increase agency awareness and information ex23 change on de jure and de facto statelessness to 

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1 proach to the identification of stateless groups 

2 and individuals and resolution of their status. 

3 (D) Urging that nationality and de jure 

4 and de facto statelessness issues are addressed 

5 in all country reviews conducted by United Na6 tions treaty bodies and relevant special mecha7 nisms engaged in country visits, and pursuing 

8 creation of a standing mechanism within the 

9 United Nations to complement the work of the 

10 UNHCR in addressing issues of de jure and de 

11 facto statelessness that give rise to urgent 

12 human rights or security concerns. 

13 (E) Urging the UNHCR to include nation14 ality and statelessness in all country-specific 

15 and thematic monitoring, reporting, training, 

16 and protection activities, and across special pro17 cedures, and to designate at least one human 

18 rights officer to monitor, report, and coordinate 

19 the office’s advocacy on nationality and de jure 

20 and de facto statelessness. 

21 (F) Urging the United Nations to ensure 

22 that its work on trafficking includes measures 

23 to restore secure citizenship to trafficked 

24 women and girls, and to work with Member 

25 States to guarantee that national legislation 


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1 gives women full and equal rights regarding 

2 citizenship. 

3 (G) Urging the United Nations to increase 

4 its capacity to respond to the needs of de jure 

5 or de facto stateless individuals, particularly 

6 children, and to strengthen and expand the 

7 United Nations protection and assistance activi8 ties, particularly in field operations, to better 

9 respond to the wide range of protection and as10 sistance needs of de jure or de facto stateless 

11 individuals. 

12 (H) Urging the UNICEF to increase its 

13 efforts to encourage all Member States of the 

14 United Nations to permit full and easy access 

15 to birth registration for all children born in 

16 their territories, particularly in Member States 

17 in which there are displaced populations, and 

18 work with the UNHCR and Member States to 

19 ensure the issuance of birth certificates to all 

20 children born to refugees and displaced persons. 

21 (2) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated $5,000,000 

23 for each of fiscal years 2010 and 2011 to be made 

24 available to improve the UNHCR’s assistance to de 


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1 jure or de facto stateless individuals. Such funds 

2 may be used to— 

3 (A) protect the rights, meet emergency hu4 manitarian needs, and provide assistance to de 

5 jure or de facto stateless groups and individ6 uals; 

7 (B) provide additional resources to— 

8 (i) increase the number of protection 

9 officers; 

10 (ii) increase the number of profes11 sional staff in the statelessness unit; and 

12 (iii) train protection officers and 

13 United Nations country teams in the field 

14 to identify, reduce, protect, and prevent de 

15 jure and de facto statelessness; 

16 (C) improve identification of de jure or de 

17 facto stateless groups and individuals by car18 rying out a comprehensive annual study of the 

19 scope of de jure and de facto statelessness 

20 worldwide, including causes of de jure and de 

21 facto statelessness and dissemination of best 

22 practices for remedying de jure and de facto 

23 statelessness; and 

24 (D) increase the United Nations edu25 cational and technical assistance programs to 


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1 prevent de jure and de facto statelessness, in2 cluding outreach to Member States and their 

3 legislatures, with particular emphasis on those 

4 countries determined to have protracted de jure 

5 or de facto statelessness situations. 

6 (3) AUTHORIZATION OF APPROPRIATIONS TO

7 THE UNICEF.—There is authorized to be appro8 priated $3,000,000 for each of fiscal years 2010 and 

9 2011 to augment to the UNICEF’s ability to aid 

10 countries with significant de jure or de facto state11 less populations to bring about the full registration 

12 of all children born to de jure or de facto stateless 

13 parents. 

14 (d) THE UNITED STATES.— 

15 (1) FOREIGN POLICY.—Given the importance of 

16 obtaining and preserving nationality and the protec17 tion of a government, and of preventing the exploi18 tation or trafficking of de jure or de facto stateless 

19 groups or individuals, the President shall make the 

20 prevention and reduction of de jure or de facto 

21 statelessness an important goal of United States for22 eign policy and human rights efforts. Such efforts 

23 shall include— 


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1 (A) calling upon host countries to protect 

2 and assume responsibility for de jure or de 

3 facto stateless groups or individuals; 

4 (B) working with countries of origin to fa5 cilitate the resolution of problems faced by de 

6 jure or de facto stateless groups or individuals; 

7 (C) working with countries of origin and 

8 host countries to facilitate the resolution of dis9 putes and conflicts that cause or result in the 

10 creation of de jure or de facto statelessness; 

11 (D) encouraging host countries to afford 

12 de jure or de facto stateless groups or individ13 uals the full protection of the 1954 Convention 

14 Relating to the Status of Stateless Persons and 

15 the 1961 Convention on the Reduction of State16 lessness and all relevant international conven17 tions; 

18 (E) directing the Secretary of State to pro19 vide assistance to countries to prevent and re20 solve situations of de jure or de facto stateless21 ness and to prevent the trafficking or exploi22 tation of de jure or de facto stateless individ23 uals; 

24 (F) directing the Office of Trafficking in 

25 Persons of the Department of State to continue 


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1 to document and analyze the effects of state2 lessness on trafficking in persons, both as a 

3 cause of trafficking and as an obstacle to reach4 ing and assisting trafficked persons; and 

5 (G) encouraging and facilitating the work 

6 of nongovernmental organizations in the United 

7 States and abroad that provide legal and hu8 manitarian support to de jure or de facto state9 less groups or individuals, to increase the access 

10 of de jure or de facto stateless groups or indi11 viduals to such organizations, and to encourage 

12 other governments to provide similar support 

13 and access. 

14 (2) UNITED STATES ACTIVITIES.— 

15 (A) IN GENERAL.—Given the importance 

16 of preventing new instances of de jure or de 

17 facto statelessness and the trafficking of de jure 

18 or de facto stateless individuals, and of pro19 tecting the human rights of de jure or de facto 

20 stateless individuals, the President shall submit 

21 to the Committee on Foreign Affairs and the 

22 Committee on the Judiciary of the House of 

23 Representatives and the Committee on Foreign 

24 Relations and the Committee on the Judiciary 


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1 of the Senate a report that includes the fol2 lowing: 

3 (i) A list of countries and territories 

4 with significant de jure or de facto state5 less populations under their jurisdictions 

6 and the conditions and consequences of 

7 such de jure or de facto statelessness of 

8 such individuals. 

9 (ii) United States international efforts 

10 to prevent further de jure or de facto 

11 statelessness and encourage the granting 

12 of full legal protection of the human rights 

13 of de jure or de facto stateless individuals. 

14 (B) STATEMENT OF POLICY.—It shall be 

15 the policy of the United States to comply with 

16 the principles and provisions of the 1954 Con17 vention Relating to the Status of Stateless Per18 sons and the 1961 Convention on the Reduction 

19 of Statelessness to the fullest extent possible 

20 and to encourage other countries to do so as 

21 well. 

22 (C) ACTIONS BY SECRETARY OF STATE.— 

23 (i) INCREASE IN RESOURCES AND

24 STAFF.—The Secretary of State shall per25 manently increase in the Bureau of PopuVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00321 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 lation, Refugees, and Migration in the De2 partment of State the resources dedicated 

3 to and staff assigned to work toward the 

4 prevention and resolution of de jure and de 

5 facto statelessness and the protection of de 

6 jure or de facto stateless individuals. 

7 (ii) COORDINATION.—To coordinate 

8 United States policies toward combating de 

9 jure and de facto statelessness, the Sec10 retary of State shall establish an Inter11 agency Working Group to Combat State12 lessness. This working group should in13 clude representatives of the Bureau of 

14 Population, Refugees and Migration, the 

15 Bureau of International Organizations, the 

16 Bureau of Democracy, Human Rights and 

17 Labor, the Office of Trafficking in Persons 

18 of the Department of State, and the 

19 United States Agency for International 

20 Development, as well as representatives 

21 from relevant offices of the Department of 

22 Justice and relevant offices of the Depart23 ment of Homeland Security. 

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1 priated such sums as may be necessary to carry 

2 out the provisions of this subsection. 

3 SEC. 1105. STATEMENT OF POLICY REGARDING THE ECU4 MENICAL PATRIARCHATE. 

5 It shall be the policy of the United States to urge 

6 Turkey to— 

7 (1) respect property rights and religious rights 

8 of the Ecumenical Patriarch; 

9 (2) grant the Ecumenical Patriarchate appro10 priate international recognition and ecclesiastic suc11 cession; and 

12 (3) grant the Ecumenical Patriarchate the right 

13 to train clergy of all nationalities, not just Turkish 

14 nationals. 

15 SEC. 1106. LIMITATION ON ASSISTANCE FOR WEATHER CO16 OPERATION ACTIVITIES TO COUNTRIES IN 

17 THE AMERICAS. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that the United States should facilitate international 

20 cooperation on hurricane preparedness because— 

21 (1) hundreds of millions of people in the Amer22 icas live in coastal communities and are susceptible 

23 to the immense risks posed by hurricanes; 


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1 (2) the need for hurricane tracking overflights 

2 and other weather cooperation activities to track and 

3 monitor hurricanes in the Americas is acute; and 

4 (3) accurate hurricane forecasts can help pre5 vent the loss of life and injury and reduce property 

6 loss and economic disruption. 

7 (b) REPORT.— 

8 (1) IN GENERAL.—Not later than 180 days 

9 after the date of the enactment of this Act, the Sec10 retary of State shall transmit to the appropriate 

11 congressional committees a report on the status of 

12 United States cooperation with other countries in 

13 the Americas on hurricane preparedness and other 

14 weather cooperation activities. 

15 (2) MATTERS TO BE INCLUDED.—The report 

16 required under paragraph (1) shall include— 

17 (A) a list of countries in the Americas that 

18 do not cooperate with the United States on hur19 ricane preparedness and other weather coopera20 tion activities; and 

21 (B) the status of any negotiations regard22 ing hurricane preparedness and other weather 

23 cooperation activities between the United States 

24 and countries listed in subparagraph (A). 


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1 (c) LIMITATION ON ASSISTANCE.—The Secretary of 

2 State may not provide assistance for weather cooperation 

3 activities to countries listed in the report under subsection 

4 (b)(2)(A). 

5 (d) WAIVER.—The Secretary of State may waive the 

6 limitation on assistance requirements under subsection (c) 

7 if the Secretary of State certifies to the appropriate con8 gressional committees that the waiver is in the national 

9 interest of the United States. 

10 SEC. 1107. STATEMENT OF CONGRESS REGARDING AFGHAN 

11 WOMEN. 

12 Congress— 

13 (1) supports the decision by President Hamid 

14 Karzai of Afghanistan to submit for review the Shi 

15 ’ite Personal Status Law and strongly urges him not 

16 to publish such law on the grounds that such law 

17 violates the basic human rights of women and is in18 consistent with the Constitution of Afghanistan; 

19 (2) urges President Karzai, the Ministry of 

20 Justice, and other parties involved in reviewing the 

21 law to formally declare as unconstitutional the provi22 sions of such law regarding marital rape and restric23 tions on women’s freedom of movement; 

24 (3) reiterates its strong sense that the provi25 sions in such law which restrict the rights of women 


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1 should be removed, and that an amended draft of 

2 the Shi’ite Personal Status Law should be submitted 

3 for parliamentary review; 

4 (4) recognizes that actions limiting or sup5 pressing the human rights of Afghan women and 

6 girls undermines the intent of the significant finan7 cial and training contributions that the United 

8 States and international community have provided to 

9 rebuild the country and to help establish institutions 

10 that protect and promote respect of basic and funda11 mental human rights to overcome the devastating 

12 damage to those rights from years of Taliban rule; 

13 (5) encourages the Secretary of State, the Spe14 cial Representative for Afghanistan and Pakistan, 

15 the Ambassador-at-Large for Global Women’s 

16 Issues, and the United States Ambassador to Af17 ghanistan to consider and address the status of 

18 women’s rights and security in Afghanistan to en19 sure that such rights are not being eroded through 

20 unjust laws, policies, or institutions; and 

21 (6) encourages the Government of Afghanistan 

22 to solicit information and advice from the Ministry 

23 of Justice, the Ministry for Women’s Affairs, the Af24 ghanistan Independent Human Rights Commission, 

25 and women-led nongovernmental organizations to 


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1 ensure that current and future legislation and offi2 cial policies protect and uphold the equal rights of 

3 women, including through national campaigns to 

4 lead public discourse on the importance of women’s 

5 status and rights to the overall stability of Afghani6 stan. 

7 SEC. 1108. GLOBAL PEACE OPERATIONS INITIATIVE PRO8 GRAMS AND ACTIVITIES. 

9 (a) FINDINGS.—Congress makes the following find10 ings: 

11 (1) Over 100,000 military and civilian per12 sonnel are engaged in 18 United Nations peace13 keeping operations around the world. Peacekeeping 

14 operations are critical to maintaining a peaceful and 

15 stable international environment. 

16 (2) The United States has a vital interest in en17 suring that United Nations peacekeeping operations 

18 are successful. Countries undergoing conflict threat19 en the national and economic security of the United 

20 States, risk becoming safe havens for terrorist orga21 nizations, and often feature levels of human rights 

22 abuses and human deprivation that are an affront to 

23 the values of the American people. 

24 (3) Over the years, United Nations peace25 keeping has evolved to meet the demands of difVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00327 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 ferent conflicts and a changing political landscape. 

2 Today’s peacekeeping mission is most often ‘‘multi3 dimensional’’ and includes a wide variety of complex 

4 tasks such as civilian protection, helping to build 

5 sustainable institutions of governance, human rights 

6 monitoring, security sector reform, facilitating deliv7 ery of humanitarian relief and disarmament, demobi8 lization and reintegration of former combatants. 

9 (4) United Nations peacekeeping operations 

10 allow the United States to respond to global crises 

11 within a multilateral framework with costs shared 

12 among nations. A 2007 Government Accountability 

13 Office report found that in general a United States 

14 peacekeeping operation is likely to be ‘‘much more 

15 expensive’’ than a United Nations peacekeeping op16 eration, regardless of location. 

17 (5) In many missions due to vast swaths of ter18 rain and limited infrastructure, ongoing low-inten19 sity fighting, and the presence of ‘‘peace spoilers’’, 

20 United Nations peacekeepers cannot carry out the 

21 complex tasks with which they are charged without 

22 critical enablers, and in particular air assets. 

23 (6) The United Nations Secretary-General has 

24 repeatedly noted the deleterious impact of insuffi25 cient helicopters for peacekeeping missions in Darfur 


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1 and the Democratic Republic of the Congo. History 

2 has shown that under-resourced peacekeeping troops 

3 are not only unable to carry out their mandates, 

4 they erode the credibility of the United Nations and 

5 are themselves likely to come under attack. 

6 (7) Senate Resolution 432 and House Resolu7 tion 1351 of the 110th Congress— 

8 (A) urged members of the international 

9 community, including the United States, that 

10 possessed the capability to provide tactical and 

11 utility helicopters needed for the United Na12 tions-African Union Mission in Darfur 

13 (UNAMID) to do so as soon as possible; and 

14 (B) urged the President to intervene per15 sonally by contacting other heads of state and 

16 asking them to contribute the aircraft and 

17 crews to the Darfur mission. 

18 (8) The current framework of relying on mem19 ber countries to provide air assets on a volunteer 

20 basis has not yielded sufficient results. The United 

21 Nations still faces a shortfall of over 50 helicopters 

22 for UNAMID, the Democratic Republic of Congo 

23 (MONUC), and the Republic of Chad 

24 (MINURCAT). A review of trend lines suggests that 

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1 thorized within the next 5 to 7 years would face 

2 similar shortfalls. 

3 (9) Numerous studies and reports have deter4 mined that there is no global shortage of air assets. 

5 It is inexcusable to allow authorized United Nations 

6 peacekeeping missions to founder for the lack of 

7 critical mobility capabilities. 

8 (b) PURPOSE.—The purpose of assistance authorized 

9 by this section is to contribute to peace and security and 

10 help protect civilians by training and equipping peace11 keepers worldwide, to include financing the refurbishment 

12 of helicopters. 

13 (c) USE OF FUNDS.— 

14 (1) IN GENERAL.—The Secretary of State is 

15 authorized to use amounts authorized to be appro16 priated to carry out this section to provide funding 

17 to carry out and expand Global Peace Operations 

18 Initiative programs and activities. Such programs 

19 and activities shall include— 

20 (A) assist partner countries to establish 

21 and strengthen the institutional infrastructure 

22 required for such countries to achieve self-suffi23 ciency in participating in peace support oper24 ations, including for the training of formed po25 lice units; 


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1 (B) train peacekeepers worldwide to in2 crease global capacity to participate in peace 

3 support operations; 

4 (C) provide transportation and logistics 

5 support to deploying peacekeepers as appro6 priate; 

7 (D) enhance the capacity of regional and 

8 sub-regional organizations to train for, plan, de9 ploy, manage, obtain, and integrate lessons 

10 learned from peace operations; 

11 (E) support multilateral approaches to co12 ordinate international contributions to peace 

13 support operations capacity building efforts; 

14 and 

15 (F) financing the refurbishment of heli16 copters in preparation for their deployment to 

17 United Nations peacekeeping operations or to 

18 regional peacekeeping operations which have 

19 been approved by the United Nations Security 

20 Council. 

21 (2) SENSE OF CONGRESS.—It is the sense of 

22 Congress that failure on the part of the inter23 national community to take all steps necessary to 

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1 ued loss of life and human suffering. Therefore, in 

2 carrying out this section, the Secretary of State 

3 should prioritize the refurbishment of helicopters 

4 with a goal of participating in the financing of no 

5 fewer than three helicopter refurbishments by the 

6 end of fiscal year 2011. 

7 (3) SUPPORT FROM OTHER COUNTRIES.—In 

8 providing funding under paragraph (1), the Sec9 retary of State shall to the greatest extent possible 

10 seek to leverage such funding with financing from 

11 other countries. 

12 (4) RELATION TO OTHER PROGRAMS AND AC13 TIVITIES.—The activities described under paragraph 

14 (1)(F) may be coordinated or conducted in conjunc15 tion with other foreign assistance programs and ac16 tivities of the United States, as appropriate and in 

17 accordance with United States law. 

18 (d) REPORT.— 

19 (1) IN GENERAL.—Not later than 180 days 

20 after the date of the enactment of this Act and 1 

21 year thereafter, the Secretary of State shall submit 

22 to the appropriate congressional committees a report 

23 on the activities of the United States Government to 

24 carry out the provisions of this section. 


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1 (2) CONTENTS.—The report required under 

2 paragraph (1) shall include— 

3 (A) a description of the Global Peace Op4 erations Initiative programs and activities un5 dertaken, by country; 

6 (B) a description of the funds obligated 

7 and expended in each country, by program and 

8 fiscal year; 

9 (C) a description of the coordination of 

10 these efforts within the United States Govern11 ment interagency process and with other na12 tions along with any recommendations for im13 provements; 

14 (D) a description of the GPOI’s activities 

15 concerning the refurbishment of air assets for 

16 United Nations peacekeeping operations and re17 gional peacekeeping operations that have been 

18 approved by the United Nations Security Coun19 cil; 

20 (E) information on the training and de21 ployment activities of graduates of the inter22 national Center of Excellence for Stability Po23 lice Units (COESPU) in their home countries; 

24 (F) a description of vetting activities for 

25 all GPOI training to ensure that all individuals 


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1 in composite units are vetted for human rights 

2 violations; 

3 (G) information concerning the timeliness 

4 of equipment delivery and recommendations for 

5 improvement as appropriate; and 

6 (H) description of how GPOI trainees and 

7 GPOI-provided equipment contribute to im8 proved civilian protection in peace operations. 

9 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

10 authorized to be appropriated $140,000,000 for fiscal year 

11 2010 and such sums as may be necessary for fiscal year 

12 2011 to carry out this section. 

13 (f) DEFINITION.—In this section, the term ‘‘Global 

14 Peace Operations Initiative’’ or ‘‘GPOI’’ means the pro15 gram established by the Department of State to address 

16 major gaps in international peace operations support, in17 cluding by building and maintaining capability, capacity, 

18 and effectiveness of peace operations. 

19 SEC. 1109. FREEDOM OF THE PRESS. 

20 (a) SHORT TITLE.—This section may be cited as the 

21 ‘‘Daniel Pearl Freedom of the Press Act of 2009’’. 

22 (b) INCLUSION OF ADDITIONAL INFORMATION RE23 LATING TO FREEDOM OF THE PRESS WORLDWIDE IN AN24 NUAL COUNTRY REPORTS ON HUMAN RIGHTS PRACVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00334 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 TICES.—The Foreign Assistance Act of 1961 is amend2 ed— 

3 (1) in section 116(d) (22 U.S.C. 2151n(d)), as 

4 amended by section 333(c) of this division— 

5 (A) in paragraph (11), by striking ‘‘and’’ 

6 at the end; 

7 (B) in paragraph (12), by striking the pe8 riod at the end and inserting ‘‘; and’’; and 

9 (C) by adding at the end the following new 

10 paragraph: 

11 ‘‘(13) wherever applicable— 

12 ‘‘(A) a description of the status of freedom 

13 of the press, including initiatives in favor of 

14 freedom of the press and efforts to improve or 

15 preserve, as appropriate, the independence of 

16 the media, together with an assessment of 

17 progress made as a result of those efforts; 

18 ‘‘(B) an identification of countries in which 

19 there were violations of freedom of the press, 

20 including direct physical attacks, imprisonment, 

21 indirect sources of pressure, and censorship by 

22 governments, military, intelligence, or police 

23 forces, criminal groups, or armed extremist or 

24 rebel groups; and 


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1 ‘‘(C) in countries where there are particu2 larly severe violations of freedom of the press— 

3 ‘‘(i) whether government authorities 

4 of each such country participate in, facili5 tate, or condone such violations of the free6 dom of the press; and 

7 ‘‘(ii) what steps the government of 

8 each such country has taken to preserve 

9 the safety and independence of the media, 

10 and to ensure the prosecution of those in11 dividuals who attack or murder journal12 ists.’’; and 

13 (2) in section 502B (22 U.S.C. 2304), by add14 ing at the end the following new subsection: 

15 ‘‘(i) The report required by subsection (b) shall in16 clude, wherever applicable— 

17 ‘‘(1) a description of the status of freedom of 

18 the press, including initiatives in favor of freedom of 

19 the press and efforts to improve or preserve, as ap20 propriate, the independence of the media, together 

21 with an assessment of progress made as a result of 

22 those efforts; 

23 ‘‘(2) an identification of countries in which 

24 there were violations of freedom of the press, includ25 ing direct physical attacks, imprisonment, indirect 


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1 sources of pressure, and censorship by governments, 

2 military, intelligence, or police forces, criminal 

3 groups, or armed extremist or rebel groups; and 

4 ‘‘(3) in countries where there are particularly 

5 severe violations of freedom of the press— 

6 ‘‘(A) whether government authorities of 

7 each such country participate in, facilitate, or 

8 condone such violations of the freedom of the 

9 press; and 

10 ‘‘(B) what steps the government of each 

11 such country has taken to preserve the safety 

12 and independence of the media, and to ensure 

13 the prosecution of those individuals who attack 

14 or murder journalists.’’. 

15 (c) FREEDOM OF THE PRESS GRANT PROGRAM.— 

16 (1) IN GENERAL.—The Secretary of State shall 

17 administer a grant program with the aim of pro18 moting freedom of the press worldwide. The grant 

19 program shall be administered by the Department of 

20 State’s Bureau of Democracy, Human Rights and 

21 Labor in consultation with the Undersecretary for 

22 Public Affairs and Public Diplomacy. 

23 (2) AMOUNTS AND TIME.—Grants may be 

24 awarded to nonprofit and international organizations 

25 and may span multiple years, up to 5 years. 


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1 (3) PURPOSE.—Grant proposals should promote 

2 and broaden press freedoms by strengthening the 

3 independence of journalists and media organizations, 

4 promoting a legal framework for freedom of the 

5 press, or through providing regionally and culturally 

6 relevant training and professionalization of skills to 

7 meet international standards in both traditional and 

8 digital media. 

9 (d) MEDIA ORGANIZATION DEFINED.—In this sec10 tion, the term ‘‘media organization’’ means a group or or11 ganization that gathers and disseminates news and infor12 mation to the public (through any medium of mass com13 munication) in a foreign country in which the group or 

14 organization is located, except that the term does not in15 clude a group or organization that is primarily an agency 

16 or instrumentality of the government of such foreign coun17 try. The term includes an individual who is an agent or 

18 employee of such group or organization who acts within 

19 the scope of such agency or employment. 

20 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated such sums as may be nec22 essary to carry out this section. 


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1 SEC. 1110. INFORMATION FOR COUNTRY COMMERCIAL 

2 GUIDES ON BUSINESS AND INVESTMENT CLI3 MATES. 

4 (a) IN GENERAL.—The Director General of the For5 eign Commercial Service, in consultation with the Assist6 ant Secretary of Commerce for Trade Promotion and the 

7 Assistant Secretary of State for Economic, Energy and 

8 Business Affairs, should ensure that the annual Country 

9 Commercial Guides for United States businesses include— 

10 (1) detailed assessments concerning each for11 eign country in which acts of unfair business and in12 vestment practices or other actions that have re13 sulted in poor business and investment climates 

14 were, in the opinion of the Director General of the 

15 Foreign Commercial Service, of major significance; 

16 (2) all relevant information about such unfair 

17 business and investment practices or other actions 

18 during the preceding year by members of the busi19 ness community, the judiciary, and the government 

20 of such country which may have impeded United 

21 States business or investment in such country, in22 cluding the capacity for United States citizens to op23 erate their businesses without fear of reprisals; and 

24 (3) information on— 


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1 (A) the extent to which the government of 

2 such country is working to prevent unfair busi3 ness and investment practices; and 

4 (B) the extent of United States Govern5 ment action to prevent unfair business and in6 vestment practices or other actions that harm 

7 United States business or investment interests 

8 in relevant cases in such country. 

9 (b) ADDITIONAL PROVISIONS TO BE INCLUDED.— 

10 The information required under subsection (a) should, to 

11 the extent feasible, include— 

12 (1) with respect to paragraph (1) of such sub13 section— 

14 (A) a review of the efforts undertaken by 

15 each foreign country to promote a healthy busi16 ness and investment climate that is also condu17 cive to the United States business community 

18 and United States investors, including, as ap19 propriate, steps taken in international fora; 

20 (B) the response of the judicial and local 

21 arbitration systems of each such country that is 

22 the subject of such detailed assessment with re23 spect to matters relating to the business and in24 vestment climates affecting United States citi25 zens and entities, or that have, in the opinion 


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1 of the Director General of the Foreign Com2 mercial Service, a significant impact on United 

3 States business and investment efforts; and 

4 (C) each such country’s access to the 

5 United States market; 

6 (2) with respect to paragraph (2) of such sub7 section— 

8 (A) any actions undertaken by the govern9 ment of each foreign country that prevent 

10 United States citizens and businesses from re11 ceiving equitable treatment; 

12 (B) actions taken by private businesses 

13 and citizens of each such country against mem14 bers of the United States business community 

15 and United States investors; 

16 (C) unfair decisions rendered by the legal 

17 systems of each such country that clearly ben18 efit State and local corporations and industries; 

19 and 

20 (D) unfair decisions rendered by local arbi21 tration panels of each such country that do not 

22 exemplify objectivity and do not provide an eq23 uitable ground for United States citizens and 

24 businesses to address their disputes; and 


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1 (3) with respect to paragraph (3) of such sub2 section, actions taken by the United States Govern3 ment to— 

4 (A) promote the rule of law; 

5 (B) prevent discriminatory treatment of 

6 United States citizens and businesses engaged 

7 in business or investment activities in each for8 eign country; 

9 (C) allow United States goods to enter 

10 each such country without requiring a co-pro11 duction agreement; and 

12 (D) protect United States intellectual 

13 property rights. 

14 (c) CONSULTATION.—In carrying out this section, the 

15 Director General of the Foreign Commercial Service shall 

16 consult with business leaders, union leaders, representa17 tives of the judicial system of each foreign country de18 scribed in subsection (a), and relevant nongovernmental 

19 organizations. 

20 (d) BUSINESS AND INVESTMENT CLIMATE WARN21 INGS.—The Secretary of State, with the assistance of the 

22 Assistant Secretary of State for Economic, Energy and 

23 Business Affairs, as well as the Assistant Secretary of 

24 Commerce for Trade Promotion and the Director General 

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1 ing system that effectively alerts United States businesses 

2 and investors of— 

3 (1) a significant deterioration in the business 

4 and investment climate in a foreign country, includ5 ing discriminatory treatment of United States busi6 nesses; or 

7 (2) a significant constraint on the ability of the 

8 United States Government to assist United States 

9 businesses and investors in a foreign country, such 

10 as to the closure of a United States diplomatic or 

11 consular mission, that is not explained in the most 

12 recent Country Commercial Guide for such country. 

13 (e) DEFINITIONS.—In this section: 

14 (1) CO-PRODUCTION AGREEMENT.—The term 

15 ‘‘co-production agreement’’ means a United States 

16 Government or United States business working with 

17 a foreign government, foreign company, or an inter18 national organization to produce or manufacture an 

19 item. 

20 (2) RULE OF LAW.—The term ‘‘rule of law’’ 

21 means the extent to which laws of a foreign country 

22 are publicly promulgated, equally enforced, inde23 pendently adjudicated, and are consistent with inter24 national norms and standards. 


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1 (3) UNFAIR BUSINESS AND INVESTMENT PRAC2 TICES.—The term ‘‘unfair business and investment 

3 practices’’ includes any of the following: 

4 (A) Unlawful actions under international 

5 law or the law of the foreign country taken by 

6 the government of such country or by busi7 nesses, citizens, or other entities of such coun8 try that have resulted in lost assets, contracts, 

9 or otherwise contributed to an inhospitable 

10 business or investment climate. 

11 (B) Discriminatory treatment of United 

12 States businesses, whether wholly or partially 

13 owned. 

14 (C) Failure to protect intellectual property 

15 rights. 

16 (D) Requiring a co-production agreement 

17 in order for goods from the United States to 

18 enter a foreign country. 

19 SEC. 1111. INTERNATIONAL PROTECTION OF GIRLS BY PRE20 VENTING CHILD MARRIAGE. 

21 (a) SENSE OF CONGRESS.—It is the sense of Con22 gress that— 

23 (1) child marriage is a violation of human 

24 rights and the prevention and elimination of child 


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1 marriage should be a foreign policy goal of the 

2 United States; 

3 (2) the practice of child marriage undermines 

4 United States investments in foreign assistance to 

5 promote education and skills building for girls, re6 duce maternal and child mortality, reduce maternal 

7 illness, halt the transmission of HIV/AIDS, prevent 

8 gender-based violence, and reduce poverty; and 

9 (3) expanding educational opportunities for 

10 girls, economic opportunities for women, and reduc11 ing maternal and child mortality are critical to 

12 achieving the Millennium Development Goals and 

13 the global health and development objectives of the 

14 United States, including efforts to prevent HIV/ 

15 AIDS. 

16 (b) STRATEGY TO PREVENT CHILD MARRIAGE IN

17 DEVELOPING COUNTRIES.— 

18 (1) STRATEGY REQUIRED.—The President, act19 ing through the Secretary of State, shall establish a 

20 multi-year strategy to prevent child marriage in de21 veloping countries and promote the empowerment of 

22 girls at risk of child marriage in developing coun23 tries, including by addressing the unique needs, 

24 vulnerabilities, and potential of girls under 18 in de25 veloping countries. 


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1 (2) CONSULTATION.—In establishing the strat2 egy required by paragraph (1), the President shall 

3 consult with Congress, relevant Federal departments 

4 and agencies, multilateral organizations, and rep5 resentatives of civil society. 

6 (3) ELEMENTS.—The strategy required by 

7 paragraph (1) shall— 

8 (A) focus on areas in developing countries 

9 with high prevalence of child marriage; and 

10 (B) encompass diplomatic initiatives be11 tween the United States and governments of 

12 developing countries, with attention to human 

13 rights, legal reforms and the rule of law, and 

14 programmatic initiatives in the areas of edu15 cation, health, income generation, changing so16 cial norms, human rights, and democracy build17 ing. 

18 (4) REPORT.—Not later than 180 days after 

19 the date of the enactment of this Act, the President 

20 shall transmit to Congress a report that includes— 

21 (A) the strategy required by paragraph 

22 (1); 

23 (B) an assessment, including data 

24 disaggregated by age and gender to the extent 

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1 forts to specifically assist girls in developing 

2 countries; and 

3 (C) examples of best practices or programs 

4 to prevent child marriage in developing coun5 tries that could be replicated. 

6 (c) RESEARCH AND DATA COLLECTION.—The Sec7 retary of State shall work with relevant Federal depart8 ments and agencies as part of their ongoing research and 

9 data collection activities, to— 

10 (1) collect and make available data on the inci11 dence of child marriage in countries that receive for12 eign or development assistance from the United 

13 States where the practice of child marriage is preva14 lent; and 

15 (2) collect and make available data on the im16 pact of the incidence of child marriage and the age 

17 at marriage on progress in meeting key development 

18 goals. 

19 (d) DEPARTMENT OF STATE’S COUNTRY REPORTS

20 ON HUMAN RIGHTS PRACTICES.—The Foreign Assistance 

21 Act of 1961 is amended— 

22 (1) in section 116 (22 U.S.C. 2151n), by add23 ing at the end the following new subsection: 

24 ‘‘(g) The report required by subsection (d) shall in25 clude for each country in which child marriage is prevalent 


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1 at rates at or above 40 percent in at least one sub-national 

2 region, a description of the status of the practice of child 

3 marriage in such country. In this subsection, the term 

4 ‘child marriage’ means the marriage of a girl or boy, not 

5 yet the minimum age for marriage stipulated in law in 

6 the country in which such girl or boy is a resident.’’; and 

7 (2) in section 502B (22 U.S.C. 2304), as 

8 amended by section 1109(b)(2) of this division, is 

9 further amended by adding at the end the following 

10 new subsection: 

11 ‘‘(j) The report required by subsection (b) shall in12 clude for each country in which child marriage is prevalent 

13 at rates at or above 40 percent in at least one sub-national 

14 region, a description of the status of the practice of child 

15 marriage in such country. In this subsection, the term 

16 ‘child marriage’ means the marriage of a girl or boy, not 

17 yet the minimum age for marriage stipulated in law in 

18 the country in which such girl or boy is a resident.’’. 

19 (e) DEFINITION.—In this section, the term ‘‘child 

20 marriage’’ means the marriage of a girl or boy, not yet 

21 the minimum age for marriage stipulated in law in the 

22 country in which the girl or boy is a resident. 

23 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

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1 priated as such sums as necessary for fiscal years 2010 

2 through 2011 to carry out this section and the amend3 ments made by this section. 

4 SEC. 1112. STATEMENT OF CONGRESS REGARDING RETURN 

5 OF PORTRAITS OF HOLOCAUST VICTIMS TO 

6 ARTIST DINA BABBITT. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) Dina Babbitt (formerly known as Dinah 

9 Gottliebova), a United States citizen, has requested 

10 the return of watercolor portraits she painted while 

suffering a 11 11 ⁄2-year-long internment at the Ausch12 witz death camp during World War II. 

13 (2) Dina Babbitt was ordered to paint the por14 traits by the infamous war criminal Dr. Josef 

15 Mengele. 

16 (3) Dina Babbitt’s life, and her mother’s life, 

17 were spared only because she painted portraits of 

18 doomed inmates of Auschwitz-Birkenau, under or19 ders from Dr. Josef Mengele. 

20 (4) These paintings are currently in the posses21 sion of the Auschwitz-Birkenau State Museum. 

22 (5) Dina Babbitt is the rightful owner of the 

23 artwork, because the paintings were produced by her 

24 own talented hands as she endured the unspeakable 

25 conditions that existed at the Auschwitz death camp. 


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1 (6) This continued injustice can be righted 

2 through cooperation between agencies of the United 

3 States and Poland. 

4 (7) This issue was raised in the Foreign Rela5 tions Authorization Act, Fiscal Year 2003 (Public 

6 Law 107–228). 

7 (b) STATEMENT OF CONGRESS.—Congress— 

8 (1) continues to recognize the moral right of 

9 Dina Babbitt to obtain the artwork she created, and 

10 recognizes her courage in the face of the evils per11 petrated by the Nazi command of the Auschwitz12 Birkenau death camp, including the atrocities com13 mitted by Dr. Josef Mengele; 

14 (2) urges the President to make all efforts nec15 essary to retrieve the seven watercolor portraits 

Dina Babbitt painted, while suffering a 11 16 ⁄2-year17 long internment at the Auschwitz death camp, and 

18 return them to her; 

19 (3) urges the Secretary of State to make imme20 diate diplomatic efforts to facilitate the transfer of 

21 the seven original watercolors painted by Dina Bab22 bitt from the Auschwitz-Birkenau State Museum to 

23 Dina Babbitt, their rightful owner; 

24 (4) urges the Government of Poland to imme25 diately facilitate the return to Dina Babbitt of the 


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1 artwork painted by her that is now in the possession 

2 of the Auschwitz-Birkenau State Museum; and 

3 (5) urges the officials of the Auschwitz4 Birkenau State Museum to transfer the seven origi5 nal paintings to Dina Babbitt as expeditiously as 

6 possible. 

7 SEC. 1113. STATEMENT OF POLICY REGARDING SOMALIA. 

8 (a) STATEMENT OF POLICY.—It shall be the policy 

9 of the United States to— 

10 (1) advance long-term stability and peace in So11 malia; 

12 (2) provide assistance to the government of So13 malia and nongovernmental organizations, including 

14 Somali-led nongovernmental organizations, and par15 ticularly women’s groups, as appropriate; 

16 (3) support efforts to establish democratic civil 

17 authorities and institutions in Somalia that reflect 

18 local and traditional structures, built on the rule of 

19 law and respect for human rights, and strengthen 

20 the security sector; and 

21 (4) support reconciliation efforts in Somalia in 

22 order to ensure lasting peace. 

23 (b) SENSE OF CONGRESS.—It is the sense of Con24 gress that the President, acting through the Secretary of 

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1 tion with the international community and the government 

2 of Somalia that aligns humanitarian, development, eco3 nomic, political, counterterrorism, anti-piracy, and re4 gional strategies in order to bring about peace and sta5 bility in Somalia and the region. 

6 SEC. 1114. MODERNIZATION AND STREAMLINING OF 

7 UNITED STATES FOREIGN ASSISTANCE. 

8 (a) AMENDMENT.—Chapter 1 of part III of the For9 eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is 

10 amended by inserting after section 608 the following new 

11 section: 

12 ‘‘SEC. 609. MONITORING AND EVALUATION OF UNITED 

13 STATES FOREIGN ASSISTANCE. 

14 ‘‘(a) IN GENERAL.—The Secretary of State should 

15 develop and implement a rigorous system to monitor and 

16 evaluate the effectiveness and efficiency of United States 

17 foreign assistance. The system should include a method 

18 of coordinating the monitoring and evaluation activities of 

19 the Department of State and the United States Agency 

20 for International Development with the monitoring and 

21 evaluation activities of other Federal departments and 

22 agencies carrying out United States foreign assistance 

23 programs, and when possible with other international bi24 lateral and multilateral agencies and entities. 


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1 ‘‘(b) ELEMENTS.—In carrying out subsection (a), the 

2 Secretary, under the direction of the President, should en3 sure that the head of each Federal department or agency 

4 carrying out United States foreign assistance programs— 

5 ‘‘(1) establishes measurable performance goals, 

6 including gender-sensitive goals wherever possible, 

7 for such programs; 

8 ‘‘(2) establishes criteria for selection of such 

9 programs to be subject to various evaluation meth10 odologies, with particular emphasis on impact eval11 uation; 

12 ‘‘(3) establishes an organization unit, or 

13 strengthens an existing unit, with adequate staff and 

14 funding to budget, plan, and conduct appropriate 

15 performance monitoring and improvement and eval16 uation activities with respect to such programs; 

17 ‘‘(4) establishes a process for applying the les18 sons learned and findings from monitoring and eval19 uation activities, including impact evaluation re20 search, into future budgeting, planning, program21 ming, design and implementation of such programs; 

22 and 

23 ‘‘(5) establishes a policy to publish all evalua24 tion plans and reports relating to such programs. 

25 ‘‘(c) ANNUAL EVALUATION PLANS.— 


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1 ‘‘(1) IN GENERAL.—In carrying out subsection 

2 (a), the Secretary, under the direction of the Presi3 dent, should ensure that the head of each Federal 

4 department or agency carrying out United States 

5 foreign assistance programs develops an annual eval6 uation plan for such programs stating how the de7 partment or agency will implement this section. 

8 ‘‘(2) CONSULTATION.—In preparing the evalua9 tion plan, the head of each Federal department or 

10 agency carrying out United States foreign assistance 

11 programs should consult with the heads of other ap12 propriate Federal departments and agencies, govern13 ments of host countries, international and local non14 governmental organizations, and other relevant 

15 stakeholders. 

16 ‘‘(3) SUBMISSION TO CONGRESS.—Not later 

17 than 180 days after the date of the enactment of 

18 this section, the head of each Federal department or 

19 agency carrying out United States foreign assistance 

20 programs should submit to the appropriate congres21 sional committees an evaluation plan consistent with 

22 this subsection. 

23 ‘‘(d) CAPACITY BUILDING.— 

24 ‘‘(1) FOR FEDERAL DEPARTMENTS AND AGEN25 CIES.—The Secretary, under the direction of the 


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1 President and in consultation with the head of each 

2 Federal department or agency carrying out United 

3 States foreign assistance programs, should take con4 crete steps to enhance the performance monitoring 

5 and improvement and evaluation capacity of each 

6 such Federal department and agency, subject to the 

7 availability of resources for such purposes, including 

8 by increasing and improving training and education 

9 opportunities, and by adopting best practices and 

10 up-to-date evaluation methodologies to provide the 

11 best evidence available for assessing the outcomes 

12 and impacts of such programs. 

13 ‘‘(2) FOR RECIPIENT COUNTRIES.—The Sec14 retary is authorized to provide assistance to increase 

15 the capacity of countries receiving United States for16 eign assistance to design and conduct performance 

17 monitoring and improvement and evaluation activi18 ties. 

19 ‘‘(e) BUDGETARY PLANNING.—The head of each 

20 Federal department or agency carrying out United States 

21 foreign assistance programs should request in the annual 

22 budget of the department or agency a funding amount to 

23 conduct performance monitoring and improvement and 

24 evaluations of such programs, projects, or activities. 

25 ‘‘(f) REPORT.— 


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1 ‘‘(1) IN GENERAL.—Not later than 1 year after 

2 the date of the enactment of this section, and in 

3 each of the two subsequent years, the Secretary shall 

4 transmit to the appropriate congressional commit5 tees a report on— 

6 ‘‘(A) the use of funds to carry out evalua7 tions under this section; 

8 ‘‘(B) the status and findings of evaluations 

9 under this section; and 

10 ‘‘(C) the use of findings and lessons 

11 learned from evaluations under this section, in12 cluding actions taken in response to rec13 ommendations included in current and previous 

14 evaluations, such as the improvement or con15 tinuation of a program, project, or activity. 

16 ‘‘(2) PUBLICATION.—The report shall also be 

17 made available on the Department of State’s 

18 website. 

19 ‘‘(g) DEFINITIONS.— 

20 ‘‘(1) IN GENERAL.—In this section— 

21 ‘‘(A) the term ‘appropriate congressional 

22 committees’ means the Committee on Foreign 

23 Affairs of the House of Representatives and the 

24 Committee on Foreign Relations of the Senate; 


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1 ‘‘(B) the term ‘Secretary’ means the Sec2 retary of State; and 

3 ‘‘(C) the term ‘United States foreign as4 sistance’ means— 

5 ‘‘(i) assistance authorized under this 

6 Act; and 

7 ‘‘(ii) assistance authorized under any 

8 other provision of law that is classified 

9 under budget function 150 (International 

10 Affairs). 

11 ‘‘(2) TERMS RELATING TO MONITORING AND

12 EVALUATION.—In this section— 

13 ‘‘(A) the term ‘evaluation’ means the sys14 tematic and objective determination and assess15 ment of the design, implementation, and results 

16 of an on-going or completed program, project, 

17 or activity; 

18 ‘‘(B) the term ‘impact evaluation research’ 

19 means the application of research methods and 

20 statistical analysis to measure the extent to 

21 which change in a population-based outcome or 

22 impact can be attributed to United States pro23 gram, project, or activity intervention instead of 

24 other environmental factors, including change 

25 in political climate and other donor assistance; 


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1 ‘‘(C) the term ‘impacts’ means the positive 

2 and negative, direct and indirect, intended and 

3 unintended long-term effects produced by a pro4 gram, project, or activity; 

5 ‘‘(D) the term ‘outcomes’ means the likely 

6 or achieved immediate and intermediate effects 

7 of the outputs of a program, project, or activity; 

8 ‘‘(E) the term ‘outputs’ means the prod9 ucts, capital, goods, and services that result 

10 from a program, project, or activity; and 

11 ‘‘(F) the term ‘performance monitoring 

12 and improvement’ means a continuous process 

13 of collecting, analyzing, and using data to com14 pare how well a program, project, or activity is 

15 being implemented against expected outputs 

16 and program costs and to make appropriate im17 provements accordingly. 

18 ‘‘(h) FUNDING.—Of the amounts authorized to be ap19 propriated for each United States foreign assistance pro20 gram for each of the fiscal years 2010 and 2011, not less 

21 than 5 percent of such amounts should be made available 

22 to carry out this section.’’. 

23 (b) REPEALS OF OBSOLETE AUTHORIZATIONS OF

24 ASSISTANCE; CONFORMING AMENDMENTS.— 


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1 (1) REPEALS.—The following provisions of the 

2 Foreign Assistance Act of 1961 are hereby repealed: 

3 (A) Section 125 (22 U.S.C. 2151w; relat4 ing to general development assistance). 

5 (B) Section 219 (22 U.S.C. 2179; relating 

6 to prototype desalting plant). 

7 (C) Title V of chapter 2 of part I (22 

8 U.S.C. 2201; relating to disadvantaged children 

9 in Asia). 

10 (D) Section 466 (22 U.S.C. 2286; relating 

11 to debt-for-nature exchanges pilot program for 

12 sub-Saharan Africa). 

13 (E) Sections 494, 495, and 495B through 

14 495K (22 U.S.C. 2292c, 2292f, and 2292h 

15 through 2292q; relating to certain international 

16 disaster assistance authorities). 

17 (F) Section 648 (22 U.S.C. 2407; relating 

18 to certain miscellaneous provisions). 

19 (2) CONFORMING AMENDMENT.—Section 135 

20 of the Foreign Assistance Act of 1961 (22 U.S.C. 

21 2152h) is amended by striking ‘‘section 135’’ and 

22 inserting ‘‘section 136’’. 

23 SEC. 1115. GLOBAL HUNGER AND FOOD SECURITY. 

24 (a) STATEMENT OF POLICY.—It shall be the policy 

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1 trition, increase food security, and ensure that relevant 

2 Federal policies and programs— 

3 (1) provide emergency response and direct sup4 port to vulnerable populations in times of need, 

5 whether provoked by natural disaster, conflict, or 

6 acute economic difficulties; 

7 (2) increase resilience to and reduce, limit, or 

8 mitigate the impact of shocks on vulnerable popu9 lations, reducing the need for emergency interven10 tions; 

11 (3) increase and build the capacity of people 

12 and governments to sustainably feed themselves; 

13 (4) ensure adequate access for all individuals, 

14 especially mothers and children, to the required cal15 ories and nutrients needed to live healthy lives; 

16 (5) strengthen the ability of small-scale farm17 ers, especially women, to sustain and increase their 

18 production and livelihoods; and 

19 (6) incorporate sustainable and environmentally 

20 sound agricultural methods and practices. 

21 (b) INITIATIVES.—It is the sense of Congress that 

22 initiatives developed to carry out subsection (a) should— 

23 (1) be guided by a comprehensive strategy 

24 under Presidential leadership that integrates the 

25 policies and programs of all Federal agencies; 


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1 (2) be balanced and flexible to allow for pro2 grams that meet emergency needs and increased in3 vestments in longer-term programs; 

4 (3) develop mechanisms that allow cash and 

5 commodity-based resources to be effectively com6 bined; 

7 (4) define clear targets, benchmarks, and indi8 cators of success, including gender analysis, in order 

9 to monitor implementation, guarantee accountability, 

10 and determine whether beneficiaries achieve in11 creased and sustainable food security; 

12 (5) employ the full range of diplomatic re13 sources and provide incentives to other countries to 

14 meet their obligations to reduce hunger and promote 

15 food security; and 

16 (6) work within a framework of multilateral 

17 commitments. 

18 (c) COMPREHENSIVE STRATEGY TO ADDRESS GLOB19 AL HUNGER AND FOOD SECURITY.— 

20 (1) IN GENERAL.—Not later than 30 days after 

21 the date of the enactment of this Act, the President 

22 shall direct the Secretary of State to develop and im23 plement a comprehensive strategy to address global 

24 hunger and food security with respect to inter25 national programs and policies for— 


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1 (A) emergency response and management; 

2 (B) safety nets, social protection, and dis3 aster risk reduction; 

4 (C) nutrition; 

5 (D) market-based agriculture, the rehabili6 tation and expansion of rural agricultural infra7 structure, and rural development; 

8 (E) agricultural education, research and 

9 development, and extension services; 

10 (F) government-to-government technical 

11 assistance programs; 

12 (G) natural resource management, environ13 mentally sound agriculture, and responses to 

14 the impact of climate change on agriculture and 

15 food production; 

16 (H) monitoring and evaluation mecha17 nisms; and 

18 (I) provision of adequate and sustained re19 sources, including multiyear funding, to ensure 

20 the scale and duration of programs required to 

21 carry out the United States commitment to al22 leviate global hunger and promote food security. 

23 (2) COORDINATION WITH INTERNATIONAL

24 GOALS.—In accordance with applicable law, the Sec25 retary of State shall ensure that the comprehensive 


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1 strategy described in paragraph (1) contributes to 

2 achieving the Millennium Development Goal of re3 ducing global hunger by half not later than 2015 

4 and to advancing the United Nations Comprehensive 

5 Framework for Action with respect to global hunger 

6 and food security, including supporting the United 

7 Nations, international agencies, governments, and 

8 other relevant organizations and entities in carrying 

9 out the Comprehensive Framework for Action. 

10 (d) REPORTS.— 

11 (1) IN GENERAL.—The Secretary of State shall 

12 submit to the President and Congress, not later than 

13 March 31, 2010, and annually thereafter for the 

14 next 2 years, an annual report on the implementa15 tion of the comprehensive strategy to address global 

16 hunger and food security required under subsection 

17 (c), including an assessment of agency innovations, 

18 achievements, and failures to perform, and policy 

19 and budget recommendations for changes to agency 

20 operations, priorities, and funding. 

21 (2) GAO.—Not later than 2 years after the 

22 date of the enactment of this Act and 2 years there23 after, the Comptroller General of the United States 

24 shall submit to Congress a report evaluating the de25 sign, implementation, and Federal Government coVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00363 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 ordination of a comprehensive strategy to address 

2 global hunger and food security required on sub3 section (c). 

4 SEC. 1116. STATEMENT OF CONGRESS ON THE HUMANI5 TARIAN SITUATION IN SRI LANKA. 

6 Congress makes the following statements: 

7 (1) the United States welcomes the end to the 

8 26-year conflict in Sri Lanka between the Govern9 ment of Sri Lanka and the Liberation Tigers of 

10 Tamil Eelam; 

11 (2) a durable and lasting peace will only be 

12 achieved through a political solution that addresses 

13 the legitimate aspirations of all Sri Lankan commu14 nities, including the Tamils; 

15 (3) the United States eagerly looks forward to 

16 the Government of Sri Lanka’s putting forward a 

17 timely and credible proposal to engage its Tamil 

18 community and address the legitimate grievances of 

19 its Tamil citizens so that peace and reconciliation 

20 can be achieved and sustained; 

21 (4) the United States supports the international 

22 community’s call for full and immediate access to 

23 humanitarian relief agencies to camps for internally 

24 displaced persons, and remains deeply concerned 


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1 about the plight of the thousands civilians affected 

2 by the civil war; 

3 (5) the United States expects the Government 

4 of Sri Lanka to abide by its commitments to allow 

5 access for representatives of the responsible inter6 national organizations throughout the screening and 

7 registration process for internally displaced persons; 

8 and 

9 (6) the United States welcomes the Government 

10 of Sri Lanka’s commitment to place the camps 

11 under civilian control and ensure that such camps 

12 meet international humanitarian standards, includ13 ing the right to freedom of movement, as well as Sri 

14 Lanka’s pledge to release camp residents, reunite 

15 them with separated family members and permit 

16 them to return to their homes at the earliest possible 

17 opportunity. 


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1 SEC. 1117. AUDIT REQUIREMENTS FOR THE INSPECTORS 

2 GENERAL OF THE DEPARTMENT OF STATE, 

3 THE DEPARTMENT OF DEFENSE, AND THE 

4 UNITED STATES AGENCY FOR INTER5 NATIONAL DEVELOPMENT, AND THE SPECIAL 

6 INSPECTOR GENERAL FOR AFGHANISTAN RE7 CONSTRUCTION. 

8 (a) AUDIT REQUIREMENTS.—The Inspectors General 

9 of the Department of State, the Department of Defense, 

10 and the United States Agency for International Develop11 ment, and the Special Inspector General for Afghanistan 

12 Reconstruction should address, as appropriate, in their au13 diting and assessment protocols for Afghanistan, the im14 pact United States development assistance has on the so15 cial, economic, and political empowerment of Afghan 

16 women, including the extent to which such assistance 

17 helps to carry out the following: 

18 (1) Section 103(a)(7) of the Afghan Freedom 

19 Support Act (Public Law 107–327). 

20 (2) The goal expressed in section 102(4) of the 

21 Afghan Freedom Support Act (Public Law 107– 

22 327) to ‘‘help achieve a broad-based, multi-ethnic, 

23 gender-sensitive, and fully representative government 

24 in Afghanistan that is freely chosen by the people of 

25 Afghanistan and that respects the human rights of 

26 all Afghans, particularly women.’’. 


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1 (b) REPORT.—Not later than 1 year after the date 

2 of the enactment of this Act, the Inspectors General of 

3 the Department of State, the Department of Defense, and 

4 the United States Agency for International Development, 

5 and the Special Inspector General for Afghanistan Recon6 struction shall submit to Congress a report on the imple7 mentation of this section. 

8 SEC. 1118. GLOBAL CLEAN ENERGY EXCHANGE PROGRAM. 

9 (a) PROGRAM ESTABLISHMENT.—The Secretary of 

10 State is authorized to establish a program to strengthen 

11 research, educational exchange, and international coopera12 tion with the aim of promoting the development and de13 ployment of clean and efficient energy technologies in 

14 order to reduce global greenhouse gas emissions, address 

15 issues of energy poverty in developing countries, and ex16 tend the reach of United States technologies and ingenuity 

17 that would be beneficial to developing countries. The pro18 gram authorized under this subsection shall be carried out 

19 pursuant to the authorities of the Mutual Educational and 

20 Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) 

21 and may be referred to as the ‘‘Global Clean Energy Ex22 change Program’’. 

23 (b) DEFINITIONS.—In this section: 

24 (1) CLEAN AND EFFICIENT ENERGY TECH25 NOLOGY.—The term ‘‘clean and efficient energy 


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1 technology’’ means an energy supply or end-use 

2 technology— 

3 (A) such as— 

4 (i) solar technology; 

5 (ii) wind technology; 

6 (iii) geothermal technology; 

7 (iv) hydroelectric technology 

8 (v) alternative fuels; and 

9 (vi) carbon capture technology; and 

10 (B) that, over its life cycle and compared 

11 to a similar technology already in commercial 

12 use— 

13 (i) is reliable, affordable, economically 

14 viable, socially acceptable, and compatible 

15 with the needs and norms of the country 

16 involved; 

17 (ii) results in— 

18 (I) reduced emissions of green19 house gases; or 

20 (II) increased geological seques21 tration; and 

22 (iii) may— 

23 (I) substantially lower emissions 

24 of air pollutants; or 


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1 (II) generate substantially small2 er or less hazardous quantities of solid 

3 or liquid waste. 

4 (2) GEOLOGICAL SEQUESTRATION.—The term 

5 ‘‘geological sequestration’’ means the capture and 

6 long-term storage in a geological formation of a 

7 greenhouse gas from an energy producing facility, 

8 which prevents the release of greenhouse gases into 

9 the atmosphere. 

10 (3) GREENHOUSE GAS.—The term ‘‘greenhouse 

11 gas’’ means— 

12 (A) carbon dioxide; 

13 (B) methane; 

14 (C) nitrous oxide; 

15 (D) hydrofluorocarbons; 

16 (E) perfluorocarbons; 

17 (F) sulfur hexafluoride; or 

18 (G) nitrogen trifluoride. 

19 (c) ELEMENTS.—The program authorized under sub20 section (a) shall contain the following elements: 

21 (1) The financing of studies, research, instruc22 tion, and other educational activities dedicated to de23 veloping clean and efficient energy technologies— 

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1 ganizations, companies, or other institutions; 

2 and 

3 (B) by or to citizens and nationals of for4 eign countries in United States universities, 

5 governments, organizations, companies, or other 

6 institutions. 

7 (2) The financing of visits and exchanges be8 tween the United States and other countries of stu9 dents, trainees, teachers, instructors, professors, re10 searchers, entrepreneurs, and other persons who 

11 study, teach, and conduct research in subjects such 

12 as the physical sciences, environmental science, pub13 lic policy, economics, urban planning, and other sub14 jects and focus on developing and commercially de15 ploying clean and efficient energy technologies. 

16 (d) ACCESS.—The Secretary of State shall ensure 

17 that the program authorized under subsection (a) is avail18 able to— 

19 (1) historically Black colleges and universities 

20 that are part B institutions (as such term is defined 

21 in section 322(2) of the Higher Education Act of 

22 1965 (20 U.S.C. 1061(2))), Hispanic-serving institu23 tions (as such term is defined in section 502(5) of 

24 such Act (20 U.S.C. 1101a(5))), Tribal Colleges or 

25 Universities (as such term is defined in section 316 


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1 of such Act (20 U.S.C. 1059c)), and other minority 

2 institutions (as such term is defined in section 

3 365(3) of such Act (20 U.S.C. 1067k(3))), and to 

4 the students, faculty, and researchers at such col5 leges, universities, and institutions; and 

6 (2) small business concerns owned and con7 trolled by socially and economically disadvantaged 

8 individuals, small business concerns owned and con9 trolled by women, and small business concerns 

10 owned and controlled by veterans (as such terms are 

11 defined in section 8(d)(3) of the Small Business Act 

12 (15 U.S.C. 637(d)(3))). 

13 SEC. 1119. ALIEN REPATRIATION. 

14 Section 243(d) of the Immigration and Nationality 

15 Act (8 U.S.C. 1253(d)) is amended to read as follows: 

16 ‘‘(d) ENSURING RETURN OF REMOVED ALIENS.— 

17 ‘‘(1) DISCONTINUING GRANTING VISAS TO NA18 TIONALS OF COUNTRIES DENYING OR DELAYING AC19 CEPTING ALIEN.—On being notified by the Secretary 

20 of Homeland Security that the government of a for21 eign country denies or unreasonably delays accepting 

22 an alien who is a citizen, subject, national, or resi23 dent of that country after the Secretary of Home24 land Security asks whether the government will ac25 cept the alien under this section, the Secretary of 


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1 State shall order consular officers in that foreign 

2 country to discontinue granting immigrant visas or 

3 nonimmigrant visas, or both, to citizens, subjects, 

4 nationals, and residents of that country until the 

5 Secretary of Homeland Security notifies the Sec6 retary of State that the country has accepted the 

7 alien. 

8 ‘‘(2) DENYING ADMISSION TO FOREIGN GOV9 ERNMENT OFFICIALS OF COUNTRIES DENYING

10 ALIEN RETURN.—If the Secretary of Homeland Se11 curity determines that the government of a foreign 

12 country denies or unreasonably delays accepting an 

13 alien who is a citizen, subject, national, or resident 

14 of that country after the alien has been ordered re15 moved, the Secretary of Homeland Security, in con16 sultation with the Secretary of State, may deny ad17 mission to any citizen, subject, national, or resident 

18 of that country who is seeking or has received a non19 immigrant visa pursuant to subparagraphs (A) and 

20 (G) of section 101(a)(15). 

21 ‘‘(3) QUARTERLY REPORTS.—Not later than 90 

22 days after the date of the enactment of the Foreign 

23 Relations Authorization Act, Fiscal Years 2010 and 

24 2011, and every 3 months thereafter, the Secretary 


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1 of Homeland Security shall submit to the Congress 

2 a report that— 

3 ‘‘(A) lists all the countries which refuse or 

4 unreasonably delay repatriation; and 

5 ‘‘(B) includes the total number of aliens 

6 who were refused repatriation, disaggregated 

7 by— 

8 ‘‘(i) country; 

9 ‘‘(ii) detention status; and 

10 ‘‘(iii) criminal status.’’. 

11 SEC. 1120. COMPREHENSIVE INTERAGENCY STRATEGY AND 

12 IMPLEMENTATION PLAN FOR SUDAN. 

13 (a) STRATEGY AND PLAN.—Not later than 60 days 

14 after the date of the enactment of this Act, the President 

15 shall develop and transmit to the appropriate congres16 sional committees a comprehensive interagency strategy 

17 and implementation plan, which may include a classified 

18 annex, to address the ongoing and inter-related crises in 

19 Sudan and advance United States national security and 

20 humanitarian interests in Sudan, which shall include the 

21 elements specified in subsection (c). 

22 (b) ELEMENTS.—The comprehensive interagency 

23 strategy and implementation plan required under sub24 section (b) shall contain at least the following elements: 


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1 (1) Consistent with section 1127, a description 

2 of a comprehensive policy toward Sudan which bal3 ances United States interests in— 

4 (A) resolving the conflict in Darfur; 

5 (B) implementing the Comprehensive 

6 Peace Agreement (CPA) and promoting peace 

7 and stability in Southern Sudan; 

8 (C) resolving long-standing conflicts in 

9 Abyei, Blue Nile, and Southern Kordofan; 

10 (D) advancing respect for democracy, 

11 human rights, and religious freedom throughout 

12 the country; 

13 (E) addressing internal and regional secu14 rity; and 

15 (F) combating Islamist extremism. 

16 (2) Progress toward achieving the policy objec17 tives specified in paragraph (1), including— 

18 (A) facilitating the full deployment and 

19 freedom of movement of the hybrid United Na20 tions-African Union Mission in Darfur; 

21 (B) ensuring access and security for hu22 manitarian organizations throughout the coun23 try including, as appropriate, those organiza24 tions that wrongfully have been expelled by the 

25 Sudanese regime; 


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1 (C) promoting reconciliation within and 

2 among disparate groups; 

3 (D) advancing regional security and co4 operation while eliminating cross-border support 

5 for armed insurgents; 

6 (E) meeting the CPA benchmarks, includ7 ing preparations for the conduct of national 

8 elections and referendum; and 

9 (F) shutting down safe-havens for extrem10 ists who pose a threat to the national security 

11 of the United States and its allies. 

12 (3) A description of how United States assist13 ance will be used to achieve the objectives of United 

14 States policy toward Sudan, including a financial 

15 plan and description of resources, programming, and 

16 management of United States foreign assistance to 

17 Sudan and the criteria used to determine their 

18 prioritization. 

19 (4) An evaluation and description of additional 

20 measures that will be taken to advance United 

21 States policy, which may range from— 

22 (A) application of multilateral sanctions by 

23 the United Nations or regional allies, or expan24 sion of existing United States sanctions; 


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1 (B) imposition of a no-fly zone or other co2 ercive measures; or 

3 (C) rapprochement with the Sudanese re4 gime or other diplomatic measures. 

5 (5) A complete description of both the evalua6 tion process for reviewing and adjusting the strategy 

7 and implementation as necessary, and measures of 

8 effectiveness for the implementation of the strategy. 

9 (c) UPDATES OF STRATEGY.—The President shall 

10 transmit in writing to the appropriate congressional com11 mittees any updates of the comprehensive interagency 

12 strategy and implementation plan required under sub13 section (b), as necessary. 

14 SEC. 1120A. STATEMENT OF POLICY REGARDING CLIMATE 

15 CHANGE. 

16 To protect American jobs, spur economic growth and 

17 promote a ‘‘Green Economy’’, it shall be the policy of the 

18 United States that, with respect to the United Nations 

19 Framework Convention on Climate Change, the President, 

20 the Secretary of State and the Permanent Representative 

21 of the United States to the United Nations should prevent 

22 any weakening of, and ensure robust compliance with and 

23 enforcement of, existing international legal requirements 

24 as of the date of the enactment of this Act for the protec25 tion of intellectual property rights related to energy or enVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00376 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 vironmental technology, including wind, solar, biomass, 

2 geothermal, hydro, landfill gas, natural gas, marine, trash 

3 combustion, fuel cell, hydrogen, micro-turbine, nuclear, 

4 clean coal, electric battery, alternative fuel, alternative re5 fueling infrastructure, advanced vehicle, electric grid, or 

6 energy efficiency-related technologies. 

7 Subtitle B—Sense of Congress 

8 Provisions 

9 SEC. 1121. PROMOTING DEMOCRACY AND HUMAN RIGHTS 

10 IN BELARUS. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) Despite some modest improvements, notably 

13 the release of political prisoners, the Belarusian Gov14 ernment’s human rights and democracy record re15 mains poor as governmental authorities continue to 

16 commit frequent serious abuses. 

17 (2) Since 1996, President Alexander 

18 Lukashenka has consolidated his power over all in19 stitutions and undermined the rule of law through 

20 authoritarian means. 

21 (3) Belarus restricts civil liberties, including 

22 freedoms of press, speech, assembly, association, and 

23 religion. Nongovernmental organizations and polit24 ical parties are subject to harassment, fines, pros25 ecution, and closure. The Belarusian Government 


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1 maintains a virtual monopoly over the country’s in2 formation space. 

3 (b) POLICY.—It is the policy of the United States 

4 to— 

5 (1) support the aspirations of the people of 

6 Belarus for democracy, human rights, and the rule 

7 of law; 

8 (2) support the aspirations of the people of 

9 Belarus to preserve the independence and sov10 ereignty of their country; 

11 (3) seek and support the growth of democratic 

12 movements and institutions in Belarus as well the 

13 development of a democratic political culture and 

14 civil society; 

15 (4) seek and support the growth of an open 

16 market economy in Belarus through the development 

17 of entrepreneurship and protection of property 

18 rights; and 

19 (5) remain open to re-evaluating United States 

20 policy toward Belarus, including existing sanctions, 

21 as warranted by demonstrable democratic and 

22 human rights progress made by the Belarusian Gov23 ernment. 

24 (c) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) the United States should furnish assistance 

2 to Belarus to the support democratic processes in 

3 that country, including— 

4 (A) expanding and facilitating the develop5 ment of independent print, radio, television, and 

6 internet broadcasting to and within Belarus; 

7 (B) aiding the development of civil society 

8 through assistance to nongovernmental organi9 zations promoting democracy and supporting 

10 human rights, including youth groups, entre11 preneurs, and independent trade unions; 

12 (C) supporting the work of human rights 

13 defenders; 

14 (D) enhancing the development of demo15 cratic political parties; 

16 (E) assisting the promotion of free, fair, 

17 and transparent electoral processes; 

18 (F) enhancing international exchanges, in19 cluding youth and student exchanges, as well as 

20 advanced professional training programs for 

21 leaders and members of the democratic forces 

22 in skill areas central to the development of civil 

23 society; and 

24 (G) supporting educational initiatives such 

25 as the European Humanities University, a 


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1 Belarusian university in exile based in Vilnius, 

2 Lithuania; and 

3 (2) the United States should support radio, tel4 evision, and internet broadcasting to the people of 

5 Belarus in languages spoken in Belarus, including 

6 broadcasting by Radio Free Europe/Radio Liberty, 

7 European Radio for Belarus, and Belsat. 

8 SEC. 1122. SENSE OF CONGRESS RELATING TO SOVIET NU9 CLEAR TESTS AND KAZAKHSTAN’S COMMIT10 MENT TO NONPROLIFERATION. 

11 (a) FINDINGS.—Congress finds the following: 

12 (1) In 1991, immediately after achieving inde13 pendence, Kazakhstan closed and sealed the world’s 

14 second largest nuclear test site in Semipalatinsk 

15 which had been inherited from the former Soviet 

16 Union and at which more than 500 nuclear tests 

17 had been conducted from 1949 to 1991. 

18 (2) The cumulative power of explosions from 

19 those tests, conducted above ground, on the ground, 

20 and underground is believed to be equal to the power 

21 of 20,000 explosions of the type of bomb dropped on 

22 Hiroshima, Japan, in 1945. 

23 (3) More than 1,500,000 people in Kazakhstan 

24 suffered because of decades of Soviet nuclear weap25 ons testing in the region. 


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1 (4) A horrifying array of disease will continue 

2 to destroy the lives of hundreds of thousands and 

3 their descendants for many generations to come as 

4 a result of these tests. 

5 (5) Since its independence, Kazakhstan has 

6 constructed a stable and peaceful state, voluntarily 

7 disarmed the world’s fourth largest nuclear arsenal, 

8 joined the Strategic Arms Reduction Treaty 

9 (START), and within the frameworks of the Cooper10 ative Threat Reduction program the government of 

11 Kazakhstan, in cooperation with the United States 

12 Government, conducted a very successful secret op13 eration, code-named Project Sapphire, as a result of 

14 which 581 kilograms (1,278 pounds) of highly en15 riched uranium enough to produce 20–25 nuclear 

16 warheads were removed from Kazakhstan. 

17 (6) Because of the successful cooperation be18 tween the Governments of the United States and 

19 Kazakhstan, the last lethal weapon was removed 

20 from Kazakhstan in April 1995. 

21 (7) Kazakhstan, allegiant to its commitment to 

22 nonproliferation, in December 2004 signed with the 

23 United States an amendment to the bilateral agree24 ment on the nonproliferation of weapons of mass de25 struction which will move the two nations towards a 


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1 new level of cooperation in preventing the threat of 

2 bio-terrorism. 

3 (8) By its actions, Kazakhstan has proven itself 

4 not only as a universally recognized leader and one 

5 of the key members in the nonproliferation process, 

6 but also as a reliable and consistent ally of the 

7 United States in reducing nuclear threats and pre8 venting lethal weapons from being acquired by ter9 rorist organizations such as Al-Qaeda. 

10 (9) Recently Kazakhstan has also offered to 

11 host an international nuclear fuel bank where low12 enriched uranium would be stored in accordance 

13 with the highest international standards for safety, 

14 security, and safeguards. 

15 (10) The Norwegian Defence Research Estab16 lishment is also working with Kazakhstan to 

17 strengthen nuclear security and nonproliferation. 

18 (b) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) the people of Kazakhstan and its Govern21 ment should be congratulated for their commitment 

22 to nonproliferation and their leadership in offering 

23 to host an international nuclear fuel bank; and 

24 (2) the Secretary of State should work to estab25 lish a joint working group with the Governments of 


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1 Kazakhstan and Norway to explore common chal2 lenges and opportunities on disarmament and non3 proliferation, and to assist in assessing the environ4 mental damage and health effects caused by Soviet 

5 nuclear testing in Semipalatinsk. 

6 SEC. 1123. SENSE OF CONGRESS ON HOLOCAUST-ERA 

7 PROPERTY RESTITUTION AND COMPENSA8 TION. 

9 It is the sense of Congress that— 

10 (1) countries in Central and Eastern Europe 

11 which have not already done so must return looted 

12 and confiscated properties to their rightful owners 

13 or, where restitution is not possible, pay equitable 

14 compensation, in accordance with principles of jus15 tice and in an expeditious manner that is trans16 parent and fair; 

17 (2) countries in Central and Eastern Europe 

18 must enact and implement appropriate restitution 

19 and compensation legislation to facilitate private, 

20 communal, and religious property restitution; and 

21 (3) countries in Central and Eastern Europe 

22 must ensure that such restitution and compensation 

23 legislation establishes a simple, transparent, and 

24 timely process, so that such process results in a real 


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1 benefit to those individuals who suffered from the 

2 unjust confiscation of their property. 

3 SEC. 1124. EFFORTS TO SECURE THE FREEDOM OF GILAD 

4 SHALIT. 

5 It is the sense of Congress that Israeli soldier Gilad 

6 Shalit, who has been held captive continuously since his 

7 illegal abduction by Gazan kidnappers in 2006, should be 

8 safely released at the earliest possible time and that, pend9 ing his release, the International Committee of the Red 

10 Cross should be granted full access to him, in accordance 

11 with international law and civilized values. 

12 SEC. 1125. SENSE OF CONGRESS RELATING TO SUDAN. 

13 It is the sense of Congress that— 

14 (1) the United States should support efforts to 

15 find a stable and lasting peace in Sudan in the wake 

16 of a devastating conflict that led to a major humani17 tarian disaster and caused the deaths of hundreds of 

18 thousands, and continues to cause violence in Darfur 

19 and throughout Sudan; 

20 (2) to achieve that peace, all parties must agree 

21 to uphold the Comprehensive Peace Agreement 

22 (CPA); 

23 (3) international partners should aim to widen 

24 acceptance of the Darfur Peace Agreement by all 

25 stakeholders; 


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1 (4) the United States should support efforts to 

2 prepare for the national elections and for the ref3 erendum; 

4 (5) the United States should support efforts to 

5 develop a coordinated international strategy to sup6 port the rebuilding of Sudan, with a particular focus 

7 on key CPA benchmarks including policy toward the 

8 Three Areas, transitional justice, which would in9 clude prosecuting perpetrators of war crimes, oil rev10 enue sharing, the census, the return of displaced 

11 Darfuris and other peoples to their homeland, and 

12 management of the armed forces; and 

13 (6) United States policy toward Darfur should 

14 be fully integrated with United States policy toward 

15 the CPA, as full and lasting resolution to the Darfur 

16 crisis hinges on the resolution of a common set of 

17 national problems. 

18 SEC. 1126. SENSE OF CONGRESS ON RESTRICTIONS ON RE19 LIGIOUS FREEDOM IN VIETNAM. 

20 (a) FINDINGS.—Congress finds the following: 

21 (1) The Secretary of State, under the Inter22 national Religious Freedom Act of 1998 (22 U.S.C. 

23 6401 et seq.) and authority delegated by the Presi24 dent, designates nations found guilty of ‘‘particularly 


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1 severe violations of religious freedom’’ as ‘‘Countries 

2 of Particular Concern’’. 

3 (2) In November 2006, the Secretary of State 

4 announced that the Socialist Republic of Vietnam 

5 was no longer designated as a ‘‘Country of Par6 ticular Concern’’. 

7 (3) The Unified Buddhist Church of Vietnam 

8 (UBCV), the Hoa Hao Buddhists, and the Cao Dai 

9 groups continue to face unwarranted abuses because 

10 of their attempts to organize independently of the 

11 Government of Vietnam, including the detention and 

12 imprisonment of individual members of these reli13 gious communities. 

14 (4) Over the last 3 years, 18 Hoa Hao Bud15 dhists have been arrested for distributing sacred 

16 texts or publically protesting the religious restric17 tions placed on them by the Government of Vietnam, 

18 at least 12 remain in prison, including 4 sentenced 

19 in 2007 for staging a peaceful hunger strike. 

20 (5) At least 15 individuals are being detained in 

21 long term house arrest for reasons relating to their 

22 faith, including the most venerable Thich Quang Do 

23 and most of the leadership of the UBCV. 

24 (6) According to Human Rights Watch, ‘‘In 

25 April 2008 Montagnard Christian Y Ben Hdok was 


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1 beaten to death while in police custody in Dak Lak 

2 after other Montagards in his district tried to flee to 

3 Cambodia to seek political asylum.’’. 

4 (7) According to the United States Commission 

5 on International Religious Freedom 2009 Annual 

6 Report, religious freedom advocates and human 

7 rights defenders Nguyen Van Dai, Le Thi Cong 

8 Nhan, and Fr. Thaddeus Nguyen Van Ly are in 

9 prison under Article 88 of the Criminal Code of 

10 Vietnam and Fr. Nguyen Van Loi is being held 

11 without official detention orders under house arrest. 

12 (8) In February 2009, as many as 11 

13 Montagnard Protestants were detained for refusing 

14 to join the officially recognized Southern Evangelical 

15 Church of Vietnam, and 2 still remain in prison. 

16 (9) Since August 2008, the Government of 

17 Vietnam has arrested and sentenced at least eight 

18 individuals and beaten, tear-gassed, harassed, pub19 licly slandered, and threatened Catholics engaged in 

20 peaceful activities seeking the return of Catholic 

21 Church properties confiscated by the Vietnamese 

22 Government after 1954 in Hanoi, including in the 

23 Thai Ha parish. 

24 (b) SENSE OF CONGRESS.—It is the sense of Con25 gress that— 


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1 (1) the Secretary of State should place Vietnam 

2 on the list of ‘‘Countries of Particular Concern’’ for 

3 particularly severe violations of religious freedom; 

4 and 

5 (2) the Government of Vietnam should lift re6 strictions on religious freedom and implement nec7 essary legal and political reforms to protect religious 

8 freedom. 

9 SEC. 1127. SENSE OF CONGRESS RELATING TO THE MUR10 DER OF UNITED STATES AIR FORCE RESERVE 

11 MAJOR KARL D. HOERIG AND THE NEED FOR 

12 PROMPT JUSTICE IN STATE OF OHIO V. CLAU13 DIA C. HOERIG. 

14 (a) FINDINGS.—Congress finds the following: 

15 (1) United States Air Force Reserve Major 

16 Karl D. Hoerig of Newton Falls, Ohio, was a United 

17 States citizen and soldier who admirably served his 

18 country for over 25 years and flew over 200 combat 

19 missions. 

20 (2) The State of Ohio has charged Claudia C. 

21 Hoerig with aggravated murder in the case of State 

22 of Ohio v. Claudia C. Hoerig. 

23 (3) The State of Ohio charges that Claudia C. 

24 Hoerig, Karl D. Hoerig’s wife, allegedly purchased a 

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1 on, and then shot Karl D. Hoerig three times, which 

2 led to his death on March 12, 2007. 

3 (4) Claudia C. Hoerig fled to Brazil, and claims 

4 she is both a citizen of the United States and Brazil. 

5 (5) Brazil’s constitution forbids extradition of 

6 its nationals, but the United States and Brazil rec7 ognize and uphold a Treaty of Extradition signed in 

8 1964. 

9 (6) Law enforcement officials are vigorously 

10 pursuing State of Ohio v. Claudia C. Hoerig, the 

11 charge of aggravated murder is internationally rec12 ognized, and the punishment, which is not capital 

13 punishment, is internationally respected. 

14 (b) SENSE OF CONGRESS.—It is the sense of Con15 gress that— 

16 (1) the alleged aggravated murder of United 

17 States Air Force Reserve Major Karl D. Hoerig is 

18 deserving of justice, and his family and friends de19 serve closure regarding the murder of their loved 

20 one; 

21 (2) the United States Government should, as a 

22 priority matter, work with prosecutors in the State 

23 of Ohio, as well as facilitate cooperation with the 

24 Government of Brazil, in order to obtain justice in 

25 this tragic case; and 


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1 (3) a resolution of the case of State of Ohio v. 

2 Claudia Hoerig is important to maintain the tradi3 tionally close cooperation and friendship between the 

4 United States and Brazil. 

5 SEC. 1128. SENSE OF CONGRESS REGARDING PENSION PAY6 MENTS OWED BY THE STATES OF THE 

7 FORMER SOVIET UNION. 

8 It is the sense of Congress that the United States 

9 should continue working with the states of the former So10 viet Union to come to an agreement whereby each state 

11 of the former Soviet Union would pay the tens of thou12 sands of beneficiaries who have immigrated to the United 

13 States the pensions for which they are eligible and enti14 tled. 

15 SEC. 1129. SENSE OF CONGRESS RELATING TO ISRAEL’S 

16 RIGHT TO SELF-DEFENSE. 

17 It is the sense of Congress that Israel has the inalien18 able right to defend itself in the face of an imminent nu19 clear or military threat from Iran, terrorist organizations, 

20 and the countries that harbor them. 

21 SEC. 1130. INTERNATIONAL PREVENTION AND ELIMI22 NATION OF CHILD SOLDIERS. 

23 It is the sense of Congress that— 

24 (1) the use of child soldiers is unacceptable; 


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1 (2) the use of child soldiers is a violation of 

2 human rights and the prevention and elimination of 

3 child soldiers should be a foreign policy goal of the 

4 United States; 

5 (3) the use of child soldiers promotes killing 

6 and maiming, sexual violence, abductions, desta7 bilization, and displacement; 

8 (4) investing in the health, education, well 

9 being, and safety of children, and providing eco10 nomic opportunity and vocational training for at-risk 

11 youth, is critical to achieving the goals of the United 

12 Nations Convention of the Rights of Children; and 

13 (5) countries should raise to 18 years of age the 

14 minimum age for the voluntary recruitment of per15 sons into their national armed forces. 

16 DIVISION B—PEACE ACT OF 2009 

17 SEC. 1. SHORT TITLE AND TABLE OF CONTENTS. 

18 (a) SHORT TITLE.—This division may be cited as the 

19 ‘‘Pakistan Enduring Assistance and Cooperation En20 hancement Act of 2009’’ or the ‘‘PEACE Act of 2009’’. 

21 (b) TABLE OF CONTENTS.—The table of contents of 

22 this division is as follows: 

Sec. 1. Short title and table of contents. 

Sec. 2. Definitions. 

Sec. 3. Findings. 

Sec. 4. Declaration of principles. 

TITLE I—DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT 

ASSISTANCE FOR PAKISTAN 


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Sec. 101. Purposes of assistance. 

Sec. 102. Authorization of assistance. 

Sec. 103. Multilateral support for Pakistan. 

Sec. 104. Pakistan Democracy and Prosperity Fund. 

Sec. 105. Authorization of appropriations. 

TITLE II—SECURITY ASSISTANCE FOR PAKISTAN 

Sec. 201. Sense of Congress. 

Sec. 202. Purposes of assistance. 

Sec. 203. Authorization of assistance. 

Sec. 204. Pakistan Counterinsurgency Capability Fund. 

Sec. 205. Exchange program between military and civilian personnel of Pakistan and certain other countries. 

Sec. 206. Limitation on United States military assistance to Pakistan. 

Sec. 207. Authorization of appropriations. 

TITLE III—MISCELLANEOUS PROVISIONS 

Sec. 301. Comprehensive regional security strategy. 

Sec. 302. Monitoring and evaluation of assistance. 

Sec. 303. Auditing. 

Sec. 304. Requirements for civilian control of United States assistance for 

Pakistan. 

Sec. 305. Sense of Congress. 

Sec. 306. Reports. 

Sec. 307. Sunset. 

TITLE IV—DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM 

RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN AND 

PAKISTAN 

Sec. 401. Short title. 

Sec. 402. Definitions; Purposes. 

Sec. 403. Designation of Reconstruction Opportunity Zones. 

Sec. 404. Duty-free treatment for certain nontextile and nonapparel articles. 

Sec. 405. Duty-free treatment for certain textile and apparel articles. 

Sec. 406. Protections against unlawful transshipment. 

Sec. 407. Technical assistance, capacity building, compliance assessment, and 

remediation program. 

Sec. 408. Petition process. 

Sec. 409. Limitations on providing duty-free treatment. 

Sec. 410. Termination of benefits. 

Sec. 411. Customs user fees. 

1 SEC. 2. DEFINITIONS. 

2 In this division: 

3 (1) APPROPRIATE CONGRESSIONAL COMMIT4 TEES.—Except as otherwise provided in this divi5 sion, the term ‘‘appropriate congressional commitVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00392 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 tees’’ means the Committees on Appropriations and 

2 Foreign Affairs of the House of Representatives and 

3 the Committees on Appropriations and Foreign Re4 lations of the Senate. 

5 (2) COUNTERINSURGENCY.—The term ‘‘coun6 terinsurgency’’ means efforts to defeat organized 

7 movements that seek to overthrow the duly con8 stituted Governments of Pakistan and Afghanistan 

9 through the use of subversion and armed conflict. 

10 (3) COUNTERTERRORISM.—The term ‘‘counter11 terrorism’’ means efforts to combat— 

12 (A) al Qaeda; and 

13 (B) other terrorist organizations, as such 

14 term is defined in section 212(a)(3)(B)(vi) of 

15 the Immigration and Nationality Act (8 U.S.C. 

16 1182(a)(3)(B)(vi)). 

17 (4) FATA.—The term ‘‘FATA’’ means the 

18 Federally Administered Tribal Areas of Pakistan. 

19 (5) FCR.—The term ‘‘FCR’’ means the Fron20 tier Crimes Regulation, codified under British law in 

21 1901, and applicable to the FATA. 

22 (6) NWFP.—The term ‘‘NWFP’’ means the 

23 North West Frontier Province of Pakistan, which 

24 has Peshawar as its provincial capital. 


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1 SEC. 3. FINDINGS. 

2 Congress finds the following: 

3 (1) The Islamic Republic of Pakistan has been 

4 a critical ally of the United States for more than 4 

5 decades. 

6 (2) With the free and fair election of February 

7 18, 2008, Pakistan returned to civilian rule after al8 most 9 years under a military dictatorship. 

9 (3) After the September 11, 2001, terrorist at10 tacks against the United States, Pakistan chose to 

11 partner with the United States in the fight against 

12 al Qaeda, the Taliban, and other extremist and ter13 rorist groups. 

14 (4) Since 2001, the United States has contrib15 uted more than $12,000,000,000 to Pakistan to 

16 strengthen Pakistan’s governance, economy, edu17 cation system, healthcare services, and military, so 

18 as to bring freedom and opportunities to the people 

19 of Pakistan while helping to combat terrorism and 

20 to counter a domestic insurgency. 

21 (5) The United States requires a balanced, inte22 grated, countrywide strategy that provides assistance 

23 throughout Pakistan and does not disproportionately 

24 focus on military assistance or one particular area or 

25 province. 


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1 (6) Despite killing or capturing hundreds of al 

2 Qaeda operatives and other terrorists—including 

3 major al Qaeda leaders, such as Khalid Sheikh Mu4 hammad, Ramzi bin al-Shibh, and Abu Faraj al5 Libi—Pakistan’s FATA, parts of the NWFP, 

6 Quetta in Balochistan, and Muridke in Punjab re7 main a sanctuary for al Qaeda, the Afghan Taliban, 

8 and affiliated groups from which these groups orga9 nize terrorist actions against Pakistan and other 

10 countries. 

11 (7) Pakistan’s security forces have recently 

12 begun taking concerted action against those who 

13 threaten Pakistan’s security and stability, with mili14 tary operations in the Bajour agency in the FATA 

15 and in the Swat, Buner, and Dir districts in the 

16 NWFP. 

17 (8) The displacement of over 1,000,000 Paki18 stanis poses a grave humanitarian crisis and re19 quires the immediate attention of the United Na20 tions, and the strong support of donor nations, to 

21 provide food, water, shelter, medicine, sanitation and 

22 other emergency services and supplies to the dis23 placed, along with longer-term development assist24 ance. The humanitarian crisis highlights the need 

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1 insurgency strategy, in order to mitigate such dis2 placement. 

3 SEC. 4. DECLARATION OF PRINCIPLES. 

4 Congress declares that the relationship between the 

5 United States and Pakistan should be based on the fol6 lowing principles: 

7 (1) Pakistan is a critical friend and ally to the 

8 United States, both in times of strife and in times 

9 of peace, and the two countries share many common 

10 goals, including combating terrorism and violent 

11 radicalism, solidifying democracy and rule of law in 

12 Pakistan, and promoting the social and material 

13 well-being of the people of Pakistan. 

14 (2) United States assistance to Pakistan is in15 tended to supplement, not supplant, Pakistan’s own 

16 efforts in building a stable, secure, and prosperous 

17 Pakistan, and United States assistance will be whol18 ly ineffective without Pakistan’s own serious efforts 

19 to improve the health, education, and living stand20 ards of its population, including maintaining or in21 creasing the financial resources devoted to such ef22 forts. 

23 (3) The United States supports Pakistan’s 

24 struggle against extremist elements and recognizes 

25 the profound sacrifice made by Pakistan in the fight 


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1 against terrorism, including the loss of more than 

2 1,600 soldiers since 2001 in combat with al Qaeda, 

3 the Taliban, and other extremist and terrorist 

4 groups. 

5 (4) The United States intends to work with the 

6 Government of Pakistan— 

7 (A) to build mutual trust and confidence 

8 by actively and consistently pursuing a sus9 tained, long-term, multifaceted relationship be10 tween the two countries, devoted to strength11 ening the mutual security, stability, and pros12 perity of both countries; 

13 (B) to support the people of Pakistan and 

14 their democratic government in their efforts to 

15 consolidate democracy, through strengthening 

16 Pakistan’s parliament, helping Pakistan rees17 tablish an independent and transparent judicial 

18 system, and working to extend the rule of law 

19 in all areas in Pakistan; 

20 (C) to promote long-term development and 

21 infrastructure projects, including in healthcare, 

22 water management, and energy programs, in all 

23 areas of Pakistan, that are sustained and sup24 ported by each successive democratic govern25 ment in Pakistan; 


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1 (D) to encourage sustainable economic de2 velopment in Pakistan and the integration of 

3 Pakistan into the global economy in order to 

4 improve the living conditions of the people of 

5 Pakistan; 

6 (E) to ensure that the people of Pakistan, 

7 including those living in areas governed by the 

8 FCR, have access to public, modernized edu9 cation and vocational training to enable them to 

10 provide for themselves, for their families, and 

11 for a more prosperous future for their children; 

12 (F) to expand people-to-people engagement 

13 between the two countries, through increased 

14 educational, technical, and cultural exchanges 

15 and other methods; 

16 (G) to ensure transparency of and provide 

17 effective accountability for all United States as18 sistance and reimbursements provided to Paki19 stan; 

20 (H) to take steps to improve Pakistan’s 

21 counterterrorism financing and anti-money 

22 laundering laws to comply with international 

23 standards, to include applying for ‘‘Financial 

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1 vention for the Suppression of the Financing of 

2 Terrorism; 

3 (I) to establish a counterinsurgency and 

4 counterterrorism strategy to prevent any terri5 tory of Pakistan from being used as a base or 

6 conduit for terrorist attacks in Pakistan, or 

7 elsewhere, and ensure that madrasas in Paki8 stan are not used to incite terrorism; 

9 (J) to ensure that Pakistan has strong and 

10 effective law enforcement and national defense 

11 forces, under civilian leadership, with sufficient 

12 and appropriate security equipment and train13 ing to effectively defend Pakistan against inter14 nal and external threats; 

15 (K) to ensure access of United States in16 vestigators to individuals suspected of engaging 

17 in worldwide proliferation of nuclear materials, 

18 as necessary, and restrict such individuals from 

19 travel or any other activity that could result in 

20 further proliferation; 

21 (L) to help Pakistan meet its commitment 

22 to not support any person or group that con23 ducts violence, sabotage, or other activities 

24 meant to instill fear or terror in Pakistan’s 

25 neighboring countries; and 


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1 (M) to help Pakistan gain control of its 

2 under-governed areas and stop any support, di3 rection, guidance to, or acquiescence in the ac4 tivities of, any person or group that engages in 

5 acts of violence or intimidation against civilians, 

6 civilian groups, or governmental entities. 

7 TITLE I—DEMOCRATIC, ECO8 NOMIC, AND SOCIAL DEVEL9 OPMENT ASSISTANCE FOR 

10 PAKISTAN 

11 SEC. 101. PURPOSES OF ASSISTANCE. 

12 The purposes of assistance under this title are— 

13 (1) to demonstrate unequivocally the long-term 

14 commitment of the United States to the people of 

15 Pakistan and Pakistan’s democratic institutions; 

16 (2) to support the consolidation of democracy, 

17 good governance, and the rule of law in Pakistan; 

18 (3) to help build the capacity of law enforce19 ment forces in Pakistan to combat terrorism and 

20 violent militancy and expeditiously investigate, ar21 rest, and prosecute alleged criminals, consistent with 

22 the rule of law and due process; 

23 (4) to further the sustainable and effective eco24 nomic and social development of Pakistan and the 

25 improvement of the living conditions of the people of 


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1 Pakistan, especially in areas of direct interest and 

2 importance to their daily lives; 

3 (5) to strengthen regional ties between Pakistan 

4 and its neighbors by offering concrete nonmilitary 

5 assistance for issues of mutual economic and social 

6 concern; 

7 (6) to strengthen Pakistan’s public education 

8 system, increase literacy, expand opportunities for 

9 vocational training, and help create an appropriate 

10 national curriculum for all schools in Pakistan; 

11 (7) to expand people-to-people engagement be12 tween the United States and Pakistan, through in13 creased educational, technical, and cultural ex14 changes and other methods; 

15 (8) to strengthen respect for internationally rec16 ognized human rights in efforts to stabilize the secu17 rity environment in Pakistan; and 

18 (9) to promote the rights and empowerment of 

19 women and girls in Pakistan, including efforts to in20 crease access to basic healthcare services to address 

21 Pakistan’s high maternal mortality rate and to in22 crease girls’ and women’s access to education. 

23 SEC. 102. AUTHORIZATION OF ASSISTANCE. 

24 (a) IN GENERAL.—To carry out the purposes of sec25 tion 101, the President is authorized to provide assistance 


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1 for Pakistan to support the activities described in sub2 section (b). 

3 (b) ACTIVITIES SUPPORTED.—Activities that may be 

4 supported by assistance under subsection (a) include the 

5 following: 

6 (1) FORTIFYING DEMOCRATIC INSTITUTIONS.— 

7 To support, notwithstanding any other provision of 

8 law, democratic institutions in Pakistan in order to 

9 strengthen civilian rule and long-term stability, in10 cluding assistance such as— 

11 (A) support for efforts to strengthen the 

12 National Parliament of Pakistan, including— 

13 (i) assistance to parliamentary com14 mittees to enhance the capacity to conduct 

15 public hearings and oversee government 

16 activities, including national security issues 

17 and the military budget, to solicit input on 

18 key public policy issues, and to oversee the 

19 conduct of elections; 

20 (ii) support for the establishment of 

21 constituency offices and otherwise promote 

22 the responsibility of members of par23 liament to respond to constituents; and 

24 (iii) strengthening of the role of par25 liamentary leadership; 


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1 (B) support for voter education and civil 

2 society training, including training with grass3 roots organizations to enhance the capacity of 

4 the organizations to advocate for the develop5 ment of public policy; 

6 (C) support for political parties, including 

7 increasing their capacity and protecting their 

8 right to carry out political activities without re9 striction (other than reasonable administrative 

10 requirements commonly applied in democratic 

11 countries) and fostering the responsiveness of 

12 such parties to the needs of the people of Paki13 stan; 

14 (D) support for strengthening the capacity 

15 of the civilian Government of Pakistan to carry 

16 out its responsibilities, including supporting the 

17 establishment of frameworks that promote gov18 ernment transparency and criminalize corrup19 tion in both the government and private sector, 

20 audit offices, inspectors general offices, third21 party monitoring of government procurement 

22 processes, whistle-blower protections, and anti23 corruption agencies; and 


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1 (E) in particular, support for efforts by the 

2 Government of Pakistan to promote governance 

3 reforms in the FATA, including— 

4 (i) extension of the Political Parties 

5 Act; 

6 (ii) local experimentation with meth7 ods to transition from the FCR; and 

8 (iii) long-term development of durable 

9 and responsive political institutions. 

10 (2) ENHANCEMENT AND STRENGTHENING OF

11 THE JUDICIAL SYSTEM AND LAW ENFORCEMENT.— 

12 To support, notwithstanding any other provision of 

13 law, Pakistan’s efforts to expand the rule of law and 

14 build the capacity, transparency, and trust in gov15 ernment institutions, at the national, provincial, and 

16 local levels, including assistance such as— 

17 (A) support for the rule of law and sys18 temic improvement of judicial and criminal jus19 tice institutions, including— 

20 (i) management of courts; 

21 (ii) enhanced career opportunities and 

22 professional training for judges, public de23 fenders, and prosecutors; and 

24 (iii) efforts to enhance the rule of law 

25 to all areas in Pakistan where the writ of 


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1 the government is under heightened chal2 lenge by terrorists and militants, including 

3 through innovations in the delivery of judi4 cial services that enhance the legitimacy of 

5 state institutions; 

6 (B) support for professionalization of the 

7 police, including— 

8 (i) training regarding use of force; 

9 (ii) education and training regarding 

10 human rights; 

11 (iii) training regarding evidence pres12 ervation and chain of custody; and 

13 (iv) training regarding community po14 licing; 

15 (C) support for independent law enforce16 ment agencies, such as the Intelligence Bureau 

17 of the Ministry of Interior, responsive to civilian 

18 control, including— 

19 (i) enhanced coordination with judicial 

20 processes; 

21 (ii) enhancement of forensics capabili22 ties; 

23 (iii) data collection and analyses; 

24 (iv) case tracking and management; 


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1 (v) financial intelligence functions; 

2 and 

3 (vi) maintenance of data systems to 

4 track terrorist of criminal activity; and 

5 (D) strengthening the capacity of the po6 lice and other civilian law enforcement agencies 

7 to provide a robust response to threats from ex8 tremists and terrorists along the frontier and 

9 elsewhere in Pakistan, including— 

10 (i) the development of an elite rapid 

11 reaction force which could be deployed on 

12 short notice to secure areas that are 

13 threatened by militancy; and 

14 (ii) facilitating improved counterter15 rorism and counterinsurgency coordination 

16 between local government officials, the po17 lice, paramilitary, and military leaders. 

18 (3) SUPPORT FOR BROAD-BASED AND SUSTAIN19 ABLE ECONOMIC DEVELOPMENT.—To support eco20 nomic development in Pakistan by— 

21 (A) promoting energy sector reform and 

22 development; 

23 (B) expanding assistance for agricultural 

24 and rural development, including farm-to-mar25 ket roads, systems to prevent spoilage and 


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1 waste, and other small-scale infrastructure im2 provements that will enhance supply and dis3 tribution networks; 

4 (C) increasing employment opportunities, 

5 including support to small and medium enter6 prises, microfinance and microenterprise activi7 ties, and in particular programs to improve the 

8 lives of women and girls; 

9 (D) preventing youth from turning to ex10 tremism and militancy, and promoting the re11 nunciation of such tactics and extremist 

12 ideologies, by providing economic, social, edu13 cational, and vocational opportunities and life14 skills training to at-risk youth; and 

15 (E) increasing investment in infrastruc16 ture, including construction of roads, water re17 source management systems, irrigation chan18 nels, and continued development of a national 

19 aviation industry and aviation infrastructure. 

20 (4) SUPPORT TO INCREASE LOCAL CAPACITY.— 

21 To increase the capacity and improve the sustain22 ability of Pakistan’s national, provincial, and local 

23 governmental and nongovernmental institutions, in24 cluding assistance to— 


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1 (A) increase and improve the capacity of 

2 Pakistan’s national, provincial, and local gov3 ernmental institutions by— 

4 (i) providing technical assistance to all 

5 ministries to improve transparency and 

6 ability to respond to the needs of the peo7 ple of Pakistan; and 

8 (ii) promoting the implementation of 

9 fiscal and personnel management, includ10 ing revenue tracking and expenditure sys11 tems; and 

12 (B) enhance the capacity of Pakistan’s 

13 nongovernmental and civil society organizations 

14 to respond to the needs of the people of Paki15 stan by— 

16 (i) increasing support for local non17 governmental organizations with dem18 onstrated experience in delivering services 

19 to the people of Pakistan, particularly to 

20 women, children, and other vulnerable pop21 ulations in Pakistan; 

22 (ii) providing training and education 

23 to local nongovernmental and civil society 

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1 prove the delivery of services to the people 

2 of Pakistan; and 

3 (iii) promoting local ownership and 

4 participation, including encouraging com5 munities to contribute a percentage of the 

6 value of United States projects or activities 

7 carried out under this title in the form of 

8 labor, in-kind materials, or other provi9 sions. 

10 (5) SUPPORT FOR PUBLIC EDUCATION SYS11 TEM.—To support Pakistan’s public education sys12 tem, including— 

13 (A) implementation of a national education 

14 strategy, to include both primary and secondary 

15 education, focused on literacy and civic edu16 cation, including— 

17 (i) programs to assist development of 

18 modern, nationwide school curriculums for 

19 public, private, and religious schools that 

20 incorporate relevant subjects, such as 

21 math, science, literature, and human rights 

22 awareness, in addition to agricultural edu23 cation and training; 

24 (ii) enhancement of civic education 

25 programs focused on political participation, 


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1 democratic institutions, and tolerance of 

2 diverse ethnic and religious groups; and 

3 (iii) support for the proper oversight 

4 of all educational institutions, including 

5 madrasas, as required by Pakistani law, in6 cluding registration with the Ministry of 

7 Education and regular monitoring of cur8 riculum by the Ministry of Education to 

9 ensure students in Pakistan receive a com10 prehensive education; 

11 (B) initiatives to enhance the access to 

12 education for women and girls, and to increase 

13 women’s literacy, with special emphasis on help14 ing girls stay in school; 

15 (C) funding to the Government of Pakistan 

16 to use to increase immediately teacher salaries 

17 and to recruit and train teachers and adminis18 trators, as well as develop formalized salary 

19 scales with merit-based pay increases; 

20 (D) establishment of vocational and tech21 nical programs to enhance employment opportu22 nities; 

23 (E) encouragement of United States and 

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1 crease investment in higher education and tech2 nical training opportunities; 

3 (F) construction and maintenance of li4 braries and public schools, including water sani5 tation, perimeter walls, and recreation areas; 

6 (G) provision of textbooks and other learn7 ing materials and food assistance for student 

8 meals; and 

9 (H) provision of software to educational in10 stitutions and students at the lowest possible 

11 cost, specifically targeting universities that spe12 cialize in information technology, and women’s 

13 colleges and women’s secondary schools. 

14 (6) SUPPORT FOR HUMAN RIGHTS.—To pro15 mote respect for and compliance with internationally 

16 recognized human rights, including assistance such 

17 as— 

18 (A) programs to strengthen civil society or19 ganizations that promote internationally recog20 nized human rights, including religious free21 dom, freedom of expression, and freedom of as22 sociation, and that support human rights moni23 toring; 

24 (B) promotion of education regarding 

25 internationally recognized human rights; 


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1 (C) programs designed to end traditional 

2 practices and punishments that are inconsistent 

3 with internationally recognized human rights 

4 norms and protections, such as honor killings 

5 and other forms of cruel and unusual punish6 ments; 

7 (D) promotion of freedom of religion and 

8 religious tolerance, protection of religious mi9 norities, and promotion of freedom of expres10 sion and association, including support for re11 sponsible independent media; 

12 (E) promotion of nongovernmental organi13 zations that focus on the protection of women 

14 and girls, including women-led organizations 

15 and programs that support the participation of 

16 women in the national, provincial, and local po17 litical process, and programs to end violence 

18 against women, including rape; 

19 (F) technical, legal, and law enforcement 

20 assistance for the investigation of past dis21 appearances of individuals in Pakistan and the 

22 development of a national database of such in23 dividuals; and 

24 (G) programs in support and protection of 

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1 cluding Baluchis, Sindhis, and Pashtuns, to 

2 preserve their language, culture, traditional 

3 areas of inhabitancy, and to fight any direct or 

4 indirect discrimination. 

5 (7) SUPPORT FOR REFUGEES AND INTERNALLY

6 DISPLACED PERSONS.—It is the sense of Congress 

7 that— 

8 (A) counterinsurgency operations being 

9 carried out by the Government of Pakistan 

10 should be designed to minimize civilian casual11 ties and collateral damage to the people of 

12 Pakistan and to provide security for the deliv13 ery of humanitarian assistance to the affected 

14 civilian population; 

15 (B) the United States should continue to 

16 provide robust assistance to the people of Paki17 stan who have been displaced as a result of on18 going conflict and violence; 

19 (C) the United States should support 

20 international efforts to coordinate assistance to 

21 refugees and internally displaced persons in 

22 Pakistan, including by providing support to 

23 international and nongovernmental organiza24 tions for this purpose; 


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1 (D) the Administrator of the United States 

2 Agency for International Development should 

3 support the development objectives of the Ref4 ugee Affected and Host Areas (RAHA) Initia5 tive in Pakistan to address livelihoods, heath, 

6 education, infrastructure development, and en7 vironmental restoration in identified parts of 

8 the country where Afghan refugees have lived; 

9 and 

10 (E) the Administrator of the United States 

11 Agency for International Development should 

12 evaluate the effectiveness of the livelihoods 

13 projects in the FATA in order to determine 

14 whether systems need to be put into place to 

15 improve programming in this key sector. 

16 (8) SUPPORT FOR HEALTHCARE EFFORTS.—To 

17 provide urgently needed healthcare assistance to the 

18 people of Pakistan, including assistance to supple19 ment the Government of Pakistan’s efforts to elimi20 nate diseases, including hepatitis, and to reduce the 

21 nation’s high maternal and under-five mortality 

22 rates, including— 

23 (A) support for repairing and building 

24 healthcare infrastructure, including purchase of 

25 equipment and training of health professionals, 


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1 to ensure adequate access to healthcare for 

2 Pakistan’s population, especially among its 

3 rural, poor, marginalized and disadvantaged 

4 segments; and 

5 (B) promotion of efforts by the Govern6 ment of Pakistan to reduce maternal mortality, 

7 including through the provision of maternal and 

8 newborn health services and development of 

9 community-based skilled birth attendants. 

10 (9) SUPPORT FOR PUBLIC DIPLOMACY.—To im11 plement a more effective public diplomacy strategy 

12 in Pakistan in order to ensure that the Pakistani 

13 public recognizes that it is in Pakistan’s own inter14 est to partner with the United States and other like15 minded countries to combat militant extremism, as 

16 well as to promote a better understanding of the 

17 United States, including through the following: 

18 (A) Partnering with the Government of 

19 Pakistan to highlight the negative behavior of 

20 insurgent groups and to encourage civil society, 

21 respected scholars, and other leaders to speak 

22 out against militancy and violence. 

23 (B) Providing technical assistance to the 

24 Government of Pakistan to both disrupt and 

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1 tions used by insurgent groups in the FATA 

2 and adjacent districts of the NWFP. 

3 (C) Expanded exchange activities under 

4 the Fulbright Program, the International Vis5 itor Leadership Program, the Youth Exchange 

6 and Study Program, and related programs ad7 ministered by the Department of State designed 

8 to promote mutual understanding and interfaith 

9 dialogue. 

10 (D) Expansion of sister institution pro11 grams between United States and Pakistani 

12 schools and universities, towns and cities, and 

13 other organizations in such fields as medicine 

14 and healthcare, business management, environ15 mental protection, information technology, and 

16 agriculture. 

17 (E) Additional scholarships to enable stu18 dents to study in the United States. 

19 SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN. 

20 To the extent that Pakistan continues to evolve to21 ward civilian control of the government and to develop and 

22 implement comprehensive economic reform programs, the 

23 President should do the following: 

24 (1) MULTILATERAL SUPPORT.—Take the lead 

25 in mobilizing international financial institutions, in 


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1 particular the International Monetary Fund and af2 filiated institutions in the World Bank group, to pro3 vide timely and appropriate resources to help Paki4 stan. 

5 (2) STABILIZATION ASSISTANCE.—In conjunc6 tion with other governments and international finan7 cial institutions (including the International Mone8 tary Fund), support the implementation of a plan of 

9 the Government of Pakistan to attack structural 

10 economic problems, address pressing social problems, 

11 carry out comprehensive economic reform, and re12 lieve immediate and urgent balance of payments re13 quirements in Pakistan. 

14 (3) CURRENCY STABILIZATION LOANS.—Pro15 vide leadership in supporting multilateral agree16 ments to provide government-to-government loans 

17 for currency stabilization in Pakistan if the loans 

18 can reduce inflation and thereby foster conditions 

19 necessary for the effective implementation of eco20 nomic reforms. 

21 SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND. 

22 (a) ESTABLISHMENT OF FUND.—There is estab23 lished in the Treasury of the United States a fund to be 

24 known as the ‘‘Pakistan Democracy and Prosperity Fund’’ 

25 (hereinafter in this section referred to as the ‘‘Fund’’), 


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1 consisting of such amounts as may be appropriated or 

2 transferred to the Fund as provided in this section and 

3 which may be used for purposes of this title. 

4 (b) TRANSFERS TO FUND.—The Fund shall consist 

5 of the following: 

6 (1) Amounts appropriated to carry out this 

7 title. 

8 (2) Amounts appropriated on or after the date 

9 of the enactment of this Act for ‘‘Development As10 sistance’’, ‘‘Global Health and Child Survival’’, and 

11 the ‘‘Economic Support Fund’’ for assistance for 

12 Pakistan under the Foreign Assistance Act of 1961 

13 (22 U.S.C. 2151 et seq.) that are transferred by the 

14 President to the Fund pursuant to subsection (d). 

15 (3) To the extent or in the amounts provided in 

16 advance in appropriations Acts, amounts accepted by 

17 the President under subsection (c) that are trans18 ferred by the President to the Fund pursuant to 

19 subsection (d). 

20 (c) ACCEPTANCE OF AMOUNTS FROM OUTSIDE

21 SOURCES.—The President may accept funds from non22 United States Government sources, including foreign gov23 ernments, nongovernmental organizations, private busi24 ness entities, and private individuals, for purposes of car25 rying out this title. 


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1 (d) STATUS OF AVAILABILITY OF AMOUNTS IN

2 FUND.—The President is authorized to transfer to the 

3 Fund amounts under paragraphs (2) and (3) of subsection 

4 (b). Such amounts shall be merged with and shall be avail5 able for any purpose for which any of the amounts so 

6 transferred are available. 

7 (e) REPORT.—The President shall transmit to the 

8 appropriate congressional committees not later than 180 

9 days after the date of the enactment of this Act, and every 

10 180 days thereafter until September 30, 2018, a report 

11 on programs, projects, and activities carried out using 

12 amounts obligated and expended from the Fund. 

13 SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 

14 (a) IN GENERAL.—There are authorized to be appro15 priated to the President to carry out this title 

16 $1,500,000,000 for each of the fiscal years 2010 through 

17 2013. 

18 (b) AVAILABILITY.—Amounts authorized to be appro19 priated to carry out this title for a fiscal year are— 

20 (1) authorized to remain available until Sep21 tember 30 of the succeeding fiscal year; and 

22 (2) in addition to amounts otherwise available 

23 for such purposes. 

24 (c) SENSE OF THE CONGRESS.—It is the sense of 

25 Congress that United States assistance provided under 


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1 this title should be made available on a proportional and 

2 equitable basis between the FATA and other regions of 

3 Pakistan. 

4 TITLE II—SECURITY 

5 ASSISTANCE FOR PAKISTAN 

6 SEC. 201. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) United States security assistance for Paki9 stan should be used to improve relationships between 

10 United States military and Pakistani military per11 sonnel, including outreach to the ‘‘lost generation’’ 

12 of Pakistan’s officers who did not attend United 

13 States-sponsored training as a result of restrictions 

14 placed on United States assistance for Pakistan due 

15 to Pakistan’s possession of a nuclear device; and 

16 (2) United States security assistance for Paki17 stan should be fully accountable, should be contin18 gent on Pakistan ending support for terrorist 

19 groups, and should meet the national security needs 

20 of Pakistan. 

21 SEC. 202. PURPOSES OF ASSISTANCE. 

22 The purposes of assistance under this title are— 

23 (1) to support Pakistan’s paramount national 

24 security need to fight and win the ongoing counter25 insurgency within its borders; 


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1 (2) to work with the Government of Pakistan to 

2 protect and secure Pakistan’s borders and prevent 

3 any Pakistani territory from being used as a base or 

4 conduit for terrorist attacks in Pakistan, or else5 where; 

6 (3) to work in close cooperation with the Gov7 ernment of Pakistan to coordinate action against ex8 tremist and terrorist targets; and 

9 (4) to develop knowledge of and appreciation 

10 for democratic governance and a military that is 

11 controlled by and responsible to democratically elect12 ed civilian leadership. 

13 SEC. 203. AUTHORIZATION OF ASSISTANCE. 

14 (a) INTERNATIONAL MILITARY EDUCATION AND

15 TRAINING.— 

16 (1) IN GENERAL.—Of the amounts authorized 

17 to be appropriated to carry out this title, not less 

18 than $4,000,000 for fiscal year 2010 and such sums 

19 as may be necessary for each of the fiscal years 

20 2011 through 2013 are authorized be made available 

21 for assistance under chapter 5 of part II of the For22 eign Assistance Act of 1961 (22 U.S.C. 2347 et 

23 seq.; relating to international military education and 

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1 national military education and training (commonly 

2 known as ‘‘E–IMET’’). 

3 (2) USE OF FUNDS.—Not less than 30 percent 

4 of the amount made available to carry out this sub5 section for a fiscal year may be used to pay for 

6 courses of study and training in counterinsurgency 

7 and civil-military relations. 

8 (b) FOREIGN MILITARY FINANCING PROGRAM.— 

9 (1) IN GENERAL.—Of the amounts authorized 

10 to be appropriated to carry out this title, not less 

11 than $300,000,000 for fiscal year 2010 and such 

12 sums as may be necessary for each of the fiscal 

13 years 2011 through 2013 are authorized to be made 

14 available for grant assistance under section 23 of the 

15 Arms Export Control Act (22 U.S.C. 2763; relating 

16 to the Foreign Military Financing program) for the 

17 purchase of defense articles, defense services, and 

18 military education and training for Pakistan. 

19 (2) USE OF FUNDS.—Not less than 75 percent 

20 of the amount made available to carry out this sub21 section for a fiscal year may be used for the pur22 chase of defense articles, defense services, and mili23 tary education and training for activities relating to 

24 counterinsurgency and counterterrorism operations 


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1 in Pakistan. Such articles, services, and military 

2 education and training may include the following: 

3 (A) Aviation maintenance and logistics 

4 support for United States-origin and United 

5 States-supported rotary wing aircraft and up6 grades to such aircraft to include modern night 

7 vision and targeting capabilities. 

8 (B) Intelligence, surveillance, and recon9 naissance (ISR) ground and air manned and 

10 unmanned platforms, including sustainment. 

11 (C) Command and control capabilities. 

12 (D) Force protection and counter impro13 vised explosive device capabilities, including pro14 tection of vehicles. 

15 (E) Protective equipment, such as body 

16 armor and helmets, night vision goggles, and 

17 other individual equipment, including load-bear18 ing equipment, individual and unit level first 

19 aid equipment, ballistic eye protection, and cold 

20 weather equipment. 

21 (F) Appropriate individual and unit level 

22 medical services and articles for the Pakistan 

23 Army, the Pakistan Frontier Corps, and other 

24 appropriate security forces. 


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1 (G) Assistance to enable the Pakistani 

2 military to distribute humanitarian assistance 

3 and establish a tactical civil-military operations 

4 capability, including a civil affairs directorate. 

5 (3) RESTRICTION RELATING TO F–16 PRO6 GRAM.— 

7 (A) CONGRESSIONAL FINDING.—In accord8 ance with the Letters of Offer and Acceptance 

9 signed between the United States and Pakistan 

10 in 2006, Congress finds that the Government of 

11 Pakistan is responsible for making the remain12 ing payments on the 2006 sales relating to F– 

13 16 fighter aircraft and associated equipment 

14 with its own national funds, including the mid15 life updates and munitions for such aircraft in16 cluded in such Letters of Offer and Acceptance. 

17 (B) RESTRICTION.—Subject to subpara18 graph (C), amounts authorized to be made 

19 available under this subsection for a fiscal year 

20 may not be used for the purchase of, or up21 grade to, F–16 fighter aircraft or munitions for 

22 such aircraft. 

23 (C) EXCEPTION.—Amounts authorized to 

24 be made available under this subsection for a 

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1 tary construction pursuant to the security plan 

2 contained in the Letters of Offer and Accept3 ance signed between the United States and 

4 Pakistan in 2006. 

5 (D) WAIVER.—The President may waive 

6 the restriction under subparagraph (B) with re7 spect to amounts authorized to be made avail8 able under this subsection for a fiscal year, 

9 other than amounts authorized to be made 

10 available under paragraph (2) of this sub11 section, if the President certifies to the appro12 priate congressional committees not later than 

13 15 days prior to exercising the authority of this 

14 subparagraph that the waiver is important to 

15 the national security interests of the United 

16 States. 

17 (4) SECURITY ASSISTANCE PLAN.—Not later 

18 than 180 days after the date of the enactment of 

19 this Act, the President shall transmit to the appro20 priate congressional committees a plan for the pro21 posed use of amounts authorized to be made avail22 able under this subsection for each of the fiscal 

23 years 2010 through 2013. Such plan shall include 

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1 plements or otherwise is related to amounts de2 scribed in section 204. 

3 (5) ADDITIONAL AUTHORITY.—Except as pro4 vided in section 3(a)(2) of the Arms Export Control 

5 Act and except as otherwise provided in this title, 

6 amounts authorized to be made available to carry 

7 out paragraph (2) for fiscal years 2010 and 2011 

8 are authorized to be made available notwithstanding 

9 any other provision of law. 

10 (6) DEFINITIONS.—In this section, the terms 

11 ‘‘defense articles’’, ‘‘defense services’’, and ‘‘military 

12 education and training’’ have the meaning given 

13 such terms in section 644 of the Foreign Assistance 

14 Act of 1961 (22 U.S.C. 2403). 

15 (c) SENSE OF CONGRESS.—It is the sense of Con16 gress that the United States should facilitate Pakistan’s 

17 establishment of a program to enable the Pakistani mili18 tary to provide reconstruction assistance in areas damaged 

19 by combat operations. 

20 SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY 

21 FUND. 

22 (a) FOR FISCAL YEAR 2010.— 

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

24 Department of State’s Pakistan Counterinsurgency 


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1 Capability Fund, hereinafter in this section referred 

2 to as the ‘‘Fund’’, shall consist of the following: 

3 (A) Amounts appropriated to carry out 

4 this subsection. 

5 (B) Amounts otherwise available to the 

6 Secretary of State to carry out this subsection. 

7 (2) PURPOSES OF FUND.—Amounts in the 

8 Fund made available to carry out this subsection for 

9 any fiscal year are authorized to be used by the Sec10 retary of State, with the concurrence of the Sec11 retary of Defense, to build and maintain the 

12 counterinsurgency capability of Pakistan under the 

13 same terms and conditions (except as otherwise pro14 vided in this subsection) that are applicable to 

15 amounts made available under the Fund for fiscal 

16 year 2009. 

17 (3) TRANSFER AUTHORITY.— 

18 (A) IN GENERAL.—The Secretary of State 

19 is authorized to transfer amounts in the Fund 

20 made available to carry out this subsection for 

21 any fiscal year to the Department of Defense’s 

22 Pakistan Counterinsurgency Fund. 

23 (B) TREATMENT OF TRANSFERRED

24 FUNDS.—Subject to the requirements of para25 graph (4), transfers from the Fund under the 


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1 authority of subparagraph (A) shall be merged 

2 with and be available for the same purposes and 

3 for the same time period as amounts in the De4 partment of Defense’s Pakistan Counterinsur5 gency Fund. 

6 (C) RELATION TO OTHER AUTHORITIES.— 

7 The authority to make transfers from the Fund 

8 under subparagraph (A) is in addition to any 

9 other transfer of funds authority of the Depart10 ment of State. The authority to provide assist11 ance under this subsection is in addition to any 

12 other authority to provide assistance to foreign 

13 countries. 

14 (D) NOTIFICATION.—The Secretary of 

15 State shall, not less than 15 days prior to mak16 ing transfers from the Fund under subpara17 graph (A), notify the appropriate congressional 

18 committees in writing of the details of any such 

19 transfer. 

20 (4) RESTRICTION.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), amounts in the Fund made available 

23 to carry out this subsection for any fiscal year 

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1 craft, or to make payments on the sales of F– 

2 16 fighter aircraft and associated equipment 

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

4 (B) EXCEPTION.—Amounts in the Fund 

5 made available to carry out this subsection for 

6 any fiscal year are authorized to be used for 

7 military construction activities. 

8 (C) WAIVER.—The President may waive 

9 the restriction under subparagraph (A) with re10 spect to amounts described in subparagraph (A) 

11 if the President certifies to the appropriate con12 gressional committees not later than 15 days 

13 prior to exercising the authority of this sub14 paragraph that the waiver is important to the 

15 national security interests of the United States. 

16 (5) AUTHORIZATION OF APPROPRIATIONS.—For 

17 fiscal year 2010, $300,000,000 is hereby authorized 

18 to be appropriated to carry out this subsection. 

19 (b) SUBMISSION OF NOTIFICATIONS.—Any notifica20 tion required by this section shall be submitted in classi21 fied form, but may include a unclassified annex if nec22 essary. 

23 (c) APPROPRIATE CONGRESSIONAL COMMITTEES DE24 FINED.—In this section, the term ‘‘appropriate congres25 sional committees’’ means— 


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1 (1) the Committee on Appropriations, the Com2 mittee on Armed Services, and the Committee on 

3 Foreign Affairs of the House of Representatives; 

4 and 

5 (2) the Committee on Appropriations, the Com6 mittee on Armed Services, and the Committee on 

7 Foreign Relations of the Senate. 

8 SEC. 205. EXCHANGE PROGRAM BETWEEN MILITARY AND 

9 CIVILIAN PERSONNEL OF PAKISTAN AND 

10 CERTAIN OTHER COUNTRIES. 

11 (a) IN GENERAL.—The Secretary of State is author12 ized to establish an exchange program between— 

13 (1) military and civilian personnel of Pakistan; 

14 and 

15 (2)(A) military and civilian personnel of coun16 tries determined by the Secretary of State to be in 

17 transition to democracy; or 

18 (B) military and civilian personnel of North At19 lantic Treaty Organization member countries, 

20 in order to foster greater respect for and understanding 

21 of the principle of civilian rule of Pakistan’s military. The 

22 program established under this subsection shall be known 

23 as the ‘‘Pakistan Military Transition Program’’. 

24 (b) ELEMENTS OF PROGRAM.—The program author25 ized under subsection (a) may include— 


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1 (1) conferences, seminars, and other events; 

2 (2) distribution of publications; and 

3 (3) reimbursement of expenses of foreign mili4 tary personnel participating in the program, includ5 ing transportation expenses, translation services ex6 penses, and administrative expenses relating to the 

7 program. 

8 (c) ROLE OF NONGOVERNMENTAL ORGANIZA9 TIONS.—Amounts authorized to be appropriated to carry 

10 out this title for a fiscal year are authorized to be made 

11 available for nongovernmental organizations to facilitate 

12 the implementation of the program authorized under sub13 section (a). 

14 SEC. 206. LIMITATION ON UNITED STATES MILITARY AS15 SISTANCE TO PAKISTAN. 

16 (a) PROHIBITION ON USE OF FUNDS.—None of the 

17 funds authorized to be appropriated for military assistance 

18 to Pakistan for fiscal year 2011 and each fiscal year there19 after may be obligated or expended if the President has 

20 not made the determinations described in subsection (b) 

21 for such fiscal year. 

22 (b) DETERMINATIONS REGARDING ENHANCED CO23 OPERATION BETWEEN THE UNITED STATES AND PAKI24 STAN.—The determinations referred to in subsection (a) 

25 are— 


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1 (1) a determination by the President at the be2 ginning of each fiscal year that the Government of 

3 Pakistan is continuing to cooperate with the United 

4 States in efforts to dismantle supplier networks re5 lating to the acquisition of nuclear weapons-related 

6 materials, including, as necessary, providing direct 

7 access to Pakistani nationals associated with such 

8 networks; and 

9 (2) a determination by the President at the be10 ginning of each fiscal year that the Government of 

11 Pakistan during the preceding fiscal year has dem12 onstrated a sustained commitment to and making 

13 progress towards combating terrorist groups, includ14 ing taking into account the progress the Government 

15 of Pakistan has made with regard to— 

16 (A) ceasing support, including by any ele17 ments within the Pakistan military or its intel18 ligence agency, to extremist and terrorist 

19 groups, particularly to any group that has con20 ducted attacks against United States or coali21 tion forces in Afghanistan, or against the terri22 tory or people of neighboring countries; 

23 (B) closing terrorist camps in the FATA, 

24 dismantling terrorist bases of operations in 

25 other parts of the country, including Quetta 


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1 and Muridke, and taking action when provided 

2 with intelligence about high-level terrorist tar3 gets; 

4 (C) preventing cross-border attacks into 

5 neighboring countries; and 

6 (D) strengthening counter-terrorism and 

7 anti-money laundering laws. 

8 (c) WAIVER.—The President may waive the restric9 tion under subsection (a) for any fiscal year if the Presi10 dent certifies to the appropriate congressional committees 

11 15 days before the President exercises the authority of this 

12 subsection that the provision of military assistance to 

13 Pakistan is important to the national security interests of 

14 the United States. 

15 (d) CONSULTATION AND WRITTEN JUSTIFICA16 TION.—Not later than 5 days prior to making a deter17 mination described in subsection (b), the President shall 

18 consult with the appropriate congressional committees 

19 and, upon making such determination, shall submit to the 

20 appropriate congressional committees a written justifica21 tion that specifies the basis upon which the President 

22 made such a determination, including an acknowledgment 

23 of the extent to which the Government of Pakistan has 

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1 tification shall be unclassified but may include a classified 

2 annex. 

3 (e) GAO ANALYSIS AND REPORT.—Not later than 

4 120 days after the President makes the determinations de5 scribed in subsection (b), the Comptroller General of the 

6 United States shall conduct an independent analysis of 

7 each of the determinations under subsection (b) and writ8 ten justifications for such determinations under subsection 

9 (d) and shall submit to the appropriate congressional com10 mittees a report containing the results of the independent 

11 analysis. 

12 (f) DEFINITIONS.—For purposes of this section— 

13 (1) the term ‘‘appropriate congressional com14 mittees’’ means— 

15 (A) the Committee on Foreign Affairs, the 

16 Committee on Armed Services, the Committee 

17 on Oversight and Government Reform, and the 

18 Permanent Select Committee on Intelligence of 

19 the House of Representatives; and 

20 (B) the Committee on Foreign Relations, 

21 the Committee on Armed Services, and the Se22 lect Committee on Intelligence of the Senate; 

23 and 

24 (2) the term ‘‘military assistance’’— 


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1 (A) means assistance authorized under sec2 tion 23 of the Arms Export Control Act (22 

3 U.S.C. 2763; relating to the Foreign Military 

4 Financing program), including assistance au5 thorized under section 203(b) of this division 

6 and assistance authorized under part II of the 

7 Foreign Assistance Act of 1961 (22 U.S.C. 

8 2301 et seq.), other than assistance authorized 

9 under chapter 5 of part II of such Act (22 

10 U.S.C. 2347 et seq.); but 

11 (B) does not include assistance authorized 

12 under any provision of law that is funded from 

13 accounts within budget function 050 (National 

14 Defense). 

15 SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 

16 (a) IN GENERAL.—There are authorized to be appro17 priated to the President to carry out this title, other than 

18 section 204, $400,000,000 for fiscal year 2010 and such 

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

20 through 2013. 

21 (b) RELATION TO OTHER AVAILABLE FUNDS.— 

22 Amounts authorized to be appropriated to carry out this 

23 title for a fiscal year are in addition to amounts otherwise 

24 available for such purposes. 


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1 TITLE III—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 301. COMPREHENSIVE REGIONAL SECURITY STRAT4 EGY. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the achievement of United States national secu7 rity goals to eliminate terrorist threats and close safe ha8 vens in Pakistan requires the development of a com9 prehensive plan that utilizes all elements of national 

10 power, including in coordination and cooperation with 

11 other concerned governments, and that it is critical to 

12 Pakistan’s long-term prosperity and security to strengthen 

13 regional relationships among India, Pakistan, and Afghan14 istan. 

15 (b) COMPREHENSIVE REGIONAL SECURITY STRAT16 EGY.—The President shall develop a comprehensive re17 gional security strategy to eliminate terrorist threats and 

18 close safe havens in Pakistan, including by working with 

19 the Government of Pakistan and other relevant govern20 ments and organizations in the region and elsewhere, as 

21 appropriate, to best implement effective counterinsurgency 

22 and counterterrorism efforts in and near the border areas 

23 of Pakistan and Afghanistan, including the FATA, 

24 NWFP, parts of Balochistan, and parts of Punjab. 

25 (c) REPORT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the 

3 President shall transmit to the appropriate congres4 sional committees a report on the comprehensive re5 gional security strategy required under subsection 

6 (b). 

7 (2) CONTENTS.—The report shall include a 

8 copy of the comprehensive regional security strategy, 

9 including specifications of goals, and proposed 

10 timelines and budgets for implementation of the 

11 strategy. 

12 (d) DEFINITION.—For purposes of this section, the 

13 term ‘‘appropriate congressional committees’’ means the 

14 Committees on Foreign Affairs and Armed Services of the 

15 House of Representatives and the Committees on Foreign 

16 Relations and Armed Services of the Senate. 

17 SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE. 

18 (a) DEFINITIONS.—In this section: 

19 (1) IMPACT EVALUATION RESEARCH.—The 

20 term ‘‘impact evaluation research’’ means the appli21 cation of research methods and statistical analysis to 

22 measure the extent to which change in a population23 based outcome can be attributed to program inter24 vention instead of other environmental factors. 


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1 (2) OPERATIONS RESEARCH.—The term ‘‘oper2 ations research’’ means the application of social 

3 science research methods, statistical analysis, and 

4 other appropriate scientific methods to judge, com5 pare, and improve policies and program outcomes, 

6 from the earliest stages of defining and designing 

7 programs through their development and implemen8 tation, with the objective of the rapid dissemination 

9 of conclusions and concrete impact on programming. 

10 (3) PROGRAM MONITORING.—The term ‘‘pro11 gram monitoring’’ means the collection, analysis, 

12 and use of routine program data to determine how 

13 well a program is carried out and how much the pro14 gram costs. 

15 (b) SENSE OF CONGRESS.—It is the sense of Con16 gress that— 

17 (1) to successfully enhance democracy and the 

18 rule of law in Pakistan, defeat extremist elements, 

19 and ensure the protection of human rights, the 

20 President should establish a program to conduct im21 pact evaluation research, operations research, and 

22 program monitoring to ensure effectiveness of assist23 ance provided under title I of this division; 

24 (2) long-term solutions to Pakistan’s security 

25 problems depend on increasing the effectiveness and 


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1 responsiveness of civilian institutions in Pakistan, 

2 including the parliament and judicial system; 

3 (3) a specific program of impact evaluation re4 search, operations research, and program moni5 toring, established at the inception of the program, 

6 is required to permit assessment of the operational 

7 effectiveness of impact of United States assistance 

8 towards these goals; and 

9 (4) the President, in developing performance 

10 measurement methods under the impact evaluation 

11 research, operations research, and program moni12 toring, should consult with the appropriate congres13 sional committees as well as the Government of 

14 Pakistan. 

15 (c) IMPACT EVALUATION RESEARCH, OPERATIONS

16 RESEARCH, AND PROGRAM MONITORING OF ASSIST17 ANCE.—The President shall establish and implement a 

18 program to assess the effectiveness of assistance provided 

19 under title I of this division through impact evaluation re20 search on a selected set of programmatic interventions, op21 erations research in areas to ensure efficiency and effec22 tiveness of program implementation, and monitoring to 

23 ensure timely and transparent delivery of assistance. 

24 (d) REQUIREMENTS.—The program required under 

25 subsection (c) shall include— 


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1 (1) a delineation of key impact evaluation re2 search and operations research questions for main 

3 components of assistance provided under title I of 

4 this division; 

5 (2) an identification of measurable performance 

6 goals for each of the main components of assistance 

7 provided under title I of this division to be expressed 

8 in an objective and quantifiable form at the incep9 tion of the program; 

10 (3) the use of appropriate methods, based on 

11 rigorous social science tools, to measure program im12 pact and operational efficiency; and 

13 (4) adherence to a high standard of evidence in 

14 developing recommendations for adjustments to the 

15 assistance to enhance the impact of the assistance. 

16 (e) ASSISTANCE TO ENHANCE THE CAPACITY OF

17 PAKISTAN.—In carrying out the program required under 

18 subsection (c), the President is authorized to provide as19 sistance to enhance the capacity of the Government of 

20 Pakistan to monitor and evaluate programs carried out 

21 by the national, provincial, and local governments in Paki22 stan in order to maximize the long-term sustainable devel23 opment impact of such programs. 

24 (f) CONSULTATION WITH CONGRESS.—Not later 

25 than 120 days after the date of the enactment of this Act, 


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1 the President shall brief and consult with the appropriate 

2 congressional committees regarding the progress in estab3 lishing and implementing the program required under sub4 section (c). 

5 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

6 amounts authorized to be appropriated under section 105 

7 of this division for each of the fiscal years 2010 through 

8 2013, up to 5 percent of such amounts for such fiscal year 

9 is authorized to be made available to carry out this section 

10 for the fiscal year. 

11 SEC. 303. AUDITING. 

12 (a) ASSISTANCE AUTHORIZED.—The Inspector Gen13 eral of the Department of State and the Inspector General 

14 of the United States Agency for International Develop15 ment shall audit, investigate, and oversee the obligation 

16 and expenditure of funds to carry out title I of this divi17 sion. 

18 (b) REQUIREMENT FOR IN-COUNTRY PRESENCE.— 

19 The Inspector General of the Department of State and 

20 the Inspector General of the United States Agency for 

21 International Development, after consultation with the 

22 Secretary of State and the Administrator of the United 

23 States Agency for International Development, are author24 ized to establish field offices in Pakistan with sufficient 


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1 staff from each of the Offices of the Inspector General 

2 in Pakistan respectively to carry out subsection (a). 

3 (c) AUTHORIZATION OF APPROPRIATIONS.— 

4 (1) IN GENERAL.—Of the amounts authorized 

5 to be appropriated under section 105 for each of the 

6 fiscal years 2010 through 2013, not less than 

7 $2,000,000 for each fiscal year is authorized to be 

8 made available to the Office of the Inspector General 

9 of the Department of State and not less than 

10 $2,000,000 for each fiscal year is authorized to be 

11 made available to the Office of the Inspector General 

12 of the United States Agency for International Devel13 opment to carry out this section. 

14 (2) RELATION TO OTHER AVAILABLE FUNDS.— 

15 Amounts made available under paragraph (1) are in 

16 addition to amounts otherwise available for such 

17 purposes. 

18 SEC. 304. REQUIREMENTS FOR CIVILIAN CONTROL OF 

19 UNITED STATES ASSISTANCE FOR PAKISTAN. 

20 (a) REQUIREMENTS.—Any direct assistance provided 

21 or payments made on or after January 1, 2010, by the 

22 United States to the Government of Pakistan, and any 

23 information required by the United States prior to pro24 viding the assistance or making the payments, may only 

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1 ties of a government of Pakistan constituted through a 

2 free and fair election. For purposes of this subsection, a 

3 government of Pakistan constituted through a free and 

4 fair election is a government that is determined by the 

5 President to have been elected in a free and fair manner, 

6 taking into account the laws and constitution of Pakistan 

7 and internationally recognized standards. 

8 (b) WAIVER.—The President may waive— 

9 (1) the requirements under subsection (a); or 

10 (2) the requirements under any other provision 

11 of law that restricts assistance to the government of 

12 any country whose duly elected head of government 

13 is deposed by military coup or decree, as such provi14 sion of law applies with respect to the Government 

15 of Pakistan, 

16 if the President certifies to the appropriate congressional 

17 committees that the waiver is important to the national 

18 security interests of the United States. 

19 (c) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall apply with respect to any activities subject to 

21 reporting requirements under title V of the National Secu22 rity Act of 1947 (50 U.S.C. 413 et seq.). 

23 (d) DEFINITION.—In this section, the term ‘‘appro24 priate congressional committees’’ means the Committees 

25 on Appropriations, Armed Services, and Foreign Affairs 


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1 of the House of Representatives and the Committees on 

2 Appropriations, Armed Services, and Foreign Relations of 

3 the Senate. 

4 SEC. 305. SENSE OF CONGRESS. 

5 It is the sense of Congress that— 

6 (1) the Secretary of State, with the concurrence 

7 of the Secretary of Defense, should establish a co8 ordinated, strategic communications strategy to en9 gage the people of Pakistan—one that is fully fund10 ed, staffed, and implemented—to help ensure the 

11 success of the measures authorized by this division; 

12 and 

13 (2) the strategy should have clear and achiev14 able objectives, based on available resources, and 

15 should be overseen by the United States Chief of 

16 Mission in Pakistan. 

17 SEC. 306. REPORTS. 

18 (a) REPORT BY PRESIDENT.— 

19 (1) IN GENERAL.—The President shall transmit 

20 to the appropriate congressional committees a report 

21 on assistance provided under titles I and II of this 

22 division during the preceding fiscal year. The first 

23 report shall be transmitted not later than 180 days 

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1 sequent reports shall be transmitted not later than 

2 December 31 of each year thereafter. 

3 (2) MATTERS TO BE INCLUDED.—The report 

4 required under subsection (a) shall include the fol5 lowing: 

6 (A) A detailed description of the assistance 

7 by program, project, and activity, as well as by 

8 geographic area. 

9 (B) A general description of the perform10 ance goals established under section 302 and 

11 the progress made in meeting the goals. 

12 (C) An evaluation of efforts undertaken by 

13 the Government of Pakistan to— 

14 (i) disrupt, dismantle, and defeat al 

15 Qaeda, the Taliban, and other extremist 

16 and terrorist groups in the FATA and set17 tled areas; 

18 (ii) close terrorist camps, including 

19 those of Jamaat-ud-Dawa, Lashkar-e20 Taiba, and Jaish-e-Mohammed; 

21 (iii) cease all support for extremist 

22 and terrorist groups; 

23 (iv) prevent cross-border attacks; 

24 (v) increase oversight over curriculum 

25 in madrasas, including closing madrasas 


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1 with direct links to the Taliban or other 

2 extremist and terrorist groups; and 

3 (vi) improve counter-terrorism financ4 ing and anti-money laundering laws, apply 

5 for observer status for the Financial Ac6 tion Task Force, and steps taken to adhere 

7 to the United Nations International Con8 vention for the Suppression of Financing 

9 of Terrorism. 

10 (D) A detailed description of Pakistan’s ef11 forts to prevent proliferation of nuclear-related 

12 material and expertise. 

13 (E) An assessment of whether assistance 

14 provided to Pakistan pursuant to this division 

15 has directly or indirectly aided the expansion of 

16 Pakistan’s nuclear weapons program, whether 

17 by the diversion of United States assistance or 

18 the reallocation of Pakistan financial resources 

19 that would otherwise be spent for programs and 

20 activities unrelated to its nuclear weapons pro21 gram. 

22 (F) A description of the transfer or pur23 chase of military equipment pursuant to title II 

24 of this division, including— 

25 (i) a list of equipment provided; and 


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1 (ii) a detailed description of the extent 

2 to which funds obligated and expended 

3 pursuant to section 203(b) meet the re4 quirements of such section. 

5 (G) An analysis of a suitable replacement 

6 for the AH–1F and AH–1S Cobra attack heli7 copters, which includes recommendations for 

8 sustainment, training, and any other matters 

9 determined to be appropriate. 

10 (H) An assessment of the extent to which 

11 the Government of Pakistan exercises effective 

12 civilian control of the military, including a de13 scription of the extent to which civilian execu14 tive leaders and parliament exercise oversight 

15 and approval of military budgets, the chain of 

16 command, the process of promotion for senior 

17 military leaders, civilian involvement in stra18 tegic guidance and planning, and military in19 volvement in civil administration. 

20 (b) REPORT BY COMPTROLLER GENERAL.— 

21 (1) IN GENERAL.—Not later than April 1, 

22 2011, the Comptroller General of the United States 

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1 rity assistance provided to Pakistan under title II of 

2 this division during fiscal years 2010 and 2011. 

3 (2) MATTERS TO BE INCLUDED.—The report 

4 required under subsection (a) shall include the fol5 lowing: 

6 (A) A detailed description of the expendi7 tures made by Pakistan pursuant to grant as8 sistance under section 23 of the Arms Export 

9 Control Act (22 U.S.C. 2763; relating to the 

10 Foreign Military Financing program). 

11 (B) An assessment of the impact of the as12 sistance on the security and stability of Paki13 stan. 

14 (C) An evaluation of any issues of financial 

15 impropriety on behalf of personnel imple16 menting the assistance. 

17 (D) An assessment of the extent to which 

18 civilian authorities are involved in administra19 tion of the assistance provided by the United 

20 States. 

21 SEC. 307. SUNSET. 

22 The authority of this division, other than section 104 

23 and title IV of this division, shall expire after September 

24 30, 2013. 


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1 TITLE IV—DUTY-FREE TREAT2 MENT FOR CERTAIN GOODS 

3 FROM RECONSTRUCTION OP4 PORTUNITY ZONES IN AF5 GHANISTAN AND PAKISTAN 

6 SEC. 401. SHORT TITLE. 

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

8 Security and Prosperity Enhancement Act’’. 

9 SEC. 402. DEFINITIONS; PURPOSES. 

10 (a) DEFINITIONS.—In this title: 

11 (1) AGREEMENT ON TEXTILES AND CLOTH12 ING.—The term ‘‘Agreement on Textiles and Cloth13 ing’’ means the Agreement on Textiles and Clothing 

14 referred to in section 101(d)(4) of the Uruguay 

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

16 (2) CATEGORY; TEXTILE AND APPAREL CAT17 EGORY NUMBER.—The terms ‘‘category’’ and ‘‘tex18 tile and apparel category number’’ mean the number 

19 assigned under the U.S. Textile and Apparel Cat20 egory System of the Office of Textiles and Apparel 

21 of the Department of Commerce, as listed in the 

22 HTS under the applicable heading or subheading (as 

23 in effect on September 1, 2007). 

24 (3) CORE LABOR STANDARDS.—The term ‘‘core 

25 labor standards’’ means— 


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1 (A) freedom of association; 

2 (B) the effective recognition of the right to 

3 bargain collectively; 

4 (C) the elimination of all forms of compul5 sory or forced labor; 

6 (D) the effective abolition of child labor 

7 and a prohibition on the worst forms of child 

8 labor; and 

9 (E) the elimination of discrimination in re10 spect of employment and occupation. 

11 (4) ENTERED.—The term ‘‘entered’’ means en12 tered, or withdrawn from warehouse for consump13 tion, in the customs territory of the United States. 

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

15 (A) a natural person, corporation, com16 pany, business association, partnership, society, 

17 trust, any other nongovernmental entity, orga18 nization, or group, whether or not for profit; 

19 (B) any governmental entity or instrumen20 tality of a government; and 

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

22 any entity described in subparagraph (A) or 

23 (B). 

24 (6) HTS.—The term ‘‘HTS’’ means the Har25 monized Tariff Schedule of the United States. 


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

2 North American Free Trade Agreement concluded 

3 between the United States, Mexico, and Canada on 

4 December 17, 1992. 

5 (8) RECONSTRUCTION OPPORTUNITY ZONE.— 

6 The term ‘‘Reconstruction Opportunity Zone’’ means 

7 any area that— 

8 (A) solely encompasses portions of the ter9 ritory of— 

10 (i) Afghanistan; or 

11 (ii) 1 or more of the following areas of 

12 Pakistan: 

13 (I) the Federally Administered 

14 Tribal Areas; 

15 (II) areas of Pakistan-adminis16 tered Kashmir that the President de17 termines were harmed by the earth18 quake of October 8, 2005; 

19 (III) areas of Baluchistan that 

20 are within 100 miles of Pakistan’s 

21 border with Afghanistan; and 

22 (IV) the North West Frontier 

23 Province; 

24 (B) has been designated by the competent 

25 authorities in Afghanistan or Pakistan, as the 


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1 case may be, as an area in which merchandise 

2 may be introduced without payment of duty or 

3 excise tax; and 

4 (C) has been designated by the President 

5 as a Reconstruction Opportunity Zone pursuant 

6 to section 403(a). 

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

8 (1) to stimulate economic activity and develop9 ment in Afghanistan and the border region of Paki10 stan, critical fronts in the struggle against violent 

11 extremism; 

12 (2) to reflect the strong support that the 

13 United States has pledged to Afghanistan and Paki14 stan for their sustained commitment in the global 

15 war on terrorism; 

16 (3) to support the 3-pronged United States 

17 strategy in Afghanistan and the border region of 

18 Pakistan that leverages political, military, and eco19 nomic tools, with Reconstruction Opportunity Zones 

20 as a critical part of the economic component of that 

21 strategy; and 

22 (4) to offer a vital opportunity to improve liveli23 hoods of indigenous populations of Reconstruction 

24 Opportunity Zones, promote good governance, im25 prove economic and commercial ties between the 


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1 people of Afghanistan and Pakistan, and strengthen 

2 the Governments of Afghanistan and Pakistan. 

3 SEC. 403. DESIGNATION OF RECONSTRUCTION OPPOR4 TUNITY ZONES. 

5 (a) AUTHORITY TO DESIGNATE.—The President is 

6 authorized to designate an area within Afghanistan or 

7 Pakistan described in section 402(a)(8) (A) and (B) as 

8 a Reconstruction Opportunity Zone if the President deter9 mines that— 

10 (1) Afghanistan or Pakistan, as the case may 

11 be, meets the eligibility criteria set forth in sub12 section (b); 

13 (2) Afghanistan or Pakistan, as the case may 

14 be, meets the eligibility criteria set forth in sub15 section (c) of section 502 of the Trade Act of 1974 

16 (19 U.S.C. 2462(c)) for designation as a beneficiary 

17 developing country under that section and is not in18 eligible under subsection (b) of such section; and 

19 (3) designation of the area as a Reconstruction 

20 Opportunity Zone is appropriate taking into account 

21 the factors listed in subsection (c). 

22 (b) ELIGIBILITY CRITERIA.—Afghanistan or Paki23 stan, as the case may be, meets the eligibility criteria set 

24 forth in this subsection if that country— 


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1 (1) has established, or is making continual 

2 progress toward establishing— 

3 (A) a market-based economy that protects 

4 private property rights, incorporates an open 

5 rules-based trading system, and minimizes gov6 ernment interference in the economy through 

7 measures such as price controls, subsidies, and 

8 government ownership of economic assets; 

9 (B) the rule of law, political pluralism, and 

10 the right to due process, a fair trial, and equal 

11 protection under the law; 

12 (C) economic policies to— 

13 (i) reduce poverty; 

14 (ii) increase the availability of health 

15 care and educational opportunities; 

16 (iii) expand physical infrastructure; 

17 (iv) promote the development of pri18 vate enterprise; and 

19 (v) encourage the formation of capital 

20 markets through microcredit or other pro21 grams; 

22 (D) a system to combat corruption and 

23 bribery, such as ratifying and implementing the 

24 United Nations Convention Against Corruption; 

25 and 


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1 (E) protection of core labor standards and 

2 acceptable conditions of work with respect to 

3 minimum wages, hours of work, and occupa4 tional health and safety; 

5 (2) is eliminating or has eliminated barriers to 

6 trade and investment, including by— 

7 (A) providing national treatment and 

8 measures to create an environment conducive to 

9 domestic and foreign investment; 

10 (B) protecting intellectual property; and 

11 (C) resolving bilateral trade and invest12 ment disputes; 

13 (3) does not engage in activities that undermine 

14 United States national security or foreign policy in15 terests; 

16 (4) does not engage in gross violations of inter17 nationally recognized human rights; 

18 (5) does not provide support for acts of inter19 national terrorism; and 

20 (6) cooperates in international efforts to elimi21 nate human rights violations and terrorist activities. 

22 (c) ADDITIONAL FACTORS.—In determining whether 

23 to designate an area in Afghanistan or Pakistan as a Re24 construction Opportunity Zone, the President shall take 

25 into account— 


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1 (1) an expression by the government of the 

2 country of its desire to have a particular area des3 ignated as a Reconstruction Opportunity Zone under 

4 this title; 

5 (2) the capability of the country to establish a 

6 program in the area meeting the requirements of 

7 section 407(d)(3) based on assessments undertaken 

8 by the Secretary of Labor and the government of the 

9 country of such factors as— 

10 (A) the geographical suitability of the area 

11 for such a program; 

12 (B) the nature of the labor market in the 

13 area; 

14 (C) skills requirements and infrastructure 

15 needs for operation of such a program in the 

16 area; and 

17 (D) all other relevant information; 

18 (3) whether the government of the country has 

19 provided the United States with a monitoring and 

20 enforcement plan outlining specific steps the country 

21 will take to cooperate with the United States to— 

22 (A) facilitate legitimate cross-border com23 merce; 

24 (B) ensure that articles for which duty-free 

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1 isfy the applicable rules of origin described in 

2 section 404 (c) and (d) or section 405 (c) and 

3 (d), whichever is applicable; and 

4 (C) prevent unlawful transshipment, as de5 scribed in section 406(b)(4); 

6 (4) the potential for such designation to create 

7 local employment and to promote local and regional 

8 economic development; 

9 (5) the physical security of the proposed Recon10 struction Opportunity Zone; 

11 (6) the economic viability of the proposed Re12 construction Opportunity Zone, including— 

13 (A) whether there are commitments to fi14 nance economic activity proposed for the Recon15 struction Opportunity Zone; and 

16 (B) whether there is existing or planned 

17 infrastructure for power, water, transportation, 

18 and communications in the area; 

19 (7) whether such designation would be compat20 ible with and contribute to the foreign policy and na21 tional security objectives of the United States, tak22 ing into account the information provided under sub23 section (d); and 

24 (8) the views of interested persons submitted 

25 pursuant to subsection (e). 


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1 (d) INFORMATION RELATING TO COMPATIBILITY

2 WITH AND CONTRIBUTION TO FOREIGN POLICY AND NA3 TIONAL SECURITY OBJECTIVES OF THE UNITED

4 STATES.—In determining whether designation of a Recon5 struction Opportunity Zone would be compatible with and 

6 contribute to the foreign policy and national security ob7 jectives of the United States in accordance with subsection 

8 (c)(7), the President shall take into account whether Af9 ghanistan or Pakistan, as the case may be, has provided 

10 the United States with a plan outlining specific steps it 

11 will take to verify the ownership and nature of the activi12 ties of entities to be located in the proposed Reconstruc13 tion Opportunity Zone. The specific steps outlined in a 

14 country’s plan shall include a mechanism to annually reg15 ister each entity by a competent authority of the country 

16 and— 

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

18 proposing to operate in, a Reconstruction Oppor19 tunity Zone, information including— 

20 (A) the name and address of the entity; 

21 (B) the name and location of all facilities 

22 owned or operated by the entity that are oper23 ating in or proposed to be operating in a Recon24 struction Opportunity Zone; 


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1 (C) the name, nationality, date and place 

2 of birth, and position title of each person who 

3 is an owner, director, or officer of the entity; 

4 and 

5 (D) the nature of the activities of each en6 tity; 

7 (2) to update the information required under 

8 paragraph (1) as changes occur; and 

9 (3) to provide such information promptly to the 

10 Secretary of State. 

11 (e) OPPORTUNITY FOR PUBLIC COMMENT.—Before 

12 the President designates an area as a Reconstruction Op13 portunity Zone pursuant to subsection (a), the President 

14 shall afford an opportunity for interested persons to sub15 mit their views concerning the designation. 

16 (f) NOTIFICATION TO CONGRESS.—Before the Presi17 dent designates an area as a Reconstruction Opportunity 

18 Zone pursuant to subsection (a), the President shall notify 

19 Congress of the President’s intention to make the designa20 tion, together with the reasons for making the designation. 

21 SEC. 404. DUTY-FREE TREATMENT FOR CERTAIN NONTEX22 TILE AND NONAPPAREL ARTICLES. 

23 (a) IN GENERAL.—The President is authorized to 

24 proclaim duty-free treatment for— 


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1 (1) any article from a Reconstruction Oppor2 tunity Zone that the President has designated as an 

3 eligible article under section 503(a)(1)(A) of the 

4 Trade Act of 1974 (19 U.S.C. 2463(a)(1)(A)); 

5 (2) any article from a Reconstruction Oppor6 tunity Zone located in Afghanistan that the Presi7 dent has designated as an eligible article under sec8 tion 503(a)(1)(B) of the Trade Act of 1974 (19 

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

10 (3) any article from a Reconstruction Oppor11 tunity Zone that is not a textile or apparel article, 

12 regardless of whether the article has been designated 

13 as an eligible article under section 503(a)(1)(A) or 

14 (B) of the Trade Act of 1974 (19 U.S.C. 2463(a)(1) 

15 (A) or (B)), if, after receiving the advice of the 

16 International Trade Commission pursuant to sub17 section (b), the President determines that such arti18 cle is not import-sensitive in the context of imports 

19 from a Reconstruction Opportunity Zone. 

20 (b) ADVICE CONCERNING CERTAIN ELIGIBLE ARTI21 CLES.—Before proclaiming duty-free treatment for an ar22 ticle pursuant to subsection (a)(3), the President shall 

23 publish in the Federal Register and provide the Inter24 national Trade Commission a list of articles which may 

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1 tions 131 through 134 of the Trade Act of 1974 (19 

2 U.S.C. 2151 through 2154) shall apply to any designation 

3 under subsection (a)(3) in the same manner as such sec4 tions apply to action taken under section 123 of the Trade 

5 Act of 1974 (19 U.S.C. 2133) regarding a proposed trade 

6 agreement. 

7 (c) GENERAL RULES OF ORIGIN.— 

8 (1) IN GENERAL.—The duty-free treatment 

9 proclaimed with respect to an article described in 

10 paragraph (1) or (3) of subsection (a) shall apply to 

11 any article subject to such proclamation which is the 

12 growth, product, or manufacture of 1 or more Re13 construction Opportunity Zones if— 

14 (A) that article is imported directly from a 

15 Reconstruction Opportunity Zone into the cus16 toms territory of the United States; and 

17 (B)(i) with respect to an article that is an 

18 article of a Reconstruction Opportunity Zone in 

19 Pakistan, the sum of— 

20 (I) the cost or value of the materials 

21 produced in 1 or more Reconstruction Op22 portunity Zones in Pakistan or Afghani23 stan; 

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1 struction Opportunity Zones in Pakistan or 

2 Afghanistan; and 

3 (III) the cost or value of materials 

4 produced in the United States, determined 

5 in accordance with paragraph (2), 

6 is not less than 35 percent of the appraised 

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

8 the United States; or 

9 (ii) with respect to an article that is an ar10 ticle of a Reconstruction Opportunity Zone in 

11 Afghanistan, the sum of— 

12 (I) the cost or value of the materials 

13 produced in 1 or more Reconstruction Op14 portunity Zones in Pakistan or Afghani15 stan; 

16 (II) the cost or value of the materials 

17 produced in 1 or more countries that are 

18 members of the South Asian Association 

19 for Regional Cooperation; 

20 (III) the direct costs of processing op21 erations performed in 1 or more Recon22 struction Opportunity Zones in Pakistan or 

23 Afghanistan; and 


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1 (IV) the cost or value of materials 

2 produced in the United States, determined 

3 in accordance with paragraph (2), 

4 is not less than 35 percent of the appraised 

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

6 the United States. 

7 (2) DETERMINATION OF 35 PERCENT FOR ARTI8 CLES FROM RECONSTRUCTION OPPORTUNITY ZONES

9 IN PAKISTAN AND AFGHANISTAN.—If the cost or 

10 value of materials produced in the customs territory 

11 of the United States is included with respect to an 

12 article described in paragraph (1)(B), for purposes 

13 of determining the 35-percent appraised value re14 quirement under clause (i) or (ii) of paragraph 

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

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

17 into the United States may be attributable to the 

18 cost or value of such United States materials. 

19 (d) RULES OF ORIGIN FOR CERTAIN ARTICLES OF

20 RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANI21 STAN.— 

22 (1) IN GENERAL.—The duty-free treatment 

23 proclaimed with respect to an article described in 

24 paragraph (2) of subsection (a) shall apply to any 

25 article subject to such proclamation which is the 


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1 growth, product, or manufacture of 1 or more Re2 construction Opportunity Zones in Afghanistan if— 

3 (A) that article is imported directly from a 

4 Reconstruction Opportunity Zone in Afghani5 stan into the customs territory of the United 

6 States; and 

7 (B) with respect to that article, the sum 

8 of— 

9 (i) the cost or value of the materials 

10 produced in 1 or more Reconstruction Op11 portunity Zones in Afghanistan; 

12 (ii) the cost or value of the materials 

13 produced in 1 or more countries that are 

14 members of the South Asian Association 

15 for Regional Cooperation; 

16 (iii) the direct costs of processing op17 erations performed in 1 or more Recon18 struction Opportunity Zones in Afghani19 stan; and 

20 (iv) the cost or value of materials pro21 duced in the United States, determined in 

22 accordance with paragraph (2), 

23 is not less than 35 percent of the appraised 

24 value of the product at the time it is entered 

25 into the United States. 


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1 (2) DETERMINATION OF 35 PERCENT FOR ARTI2 CLES FROM RECONSTRUCTION OPPORTUNITY ZONES

3 IN PAKISTAN AND AFGHANISTAN.—If the cost or 

4 value of materials produced in the customs territory 

5 of the United States is included with respect to an 

6 article described in paragraph (1)(B), for purposes 

7 of determining the 35-percent appraised value re8 quirement under paragraph (1)(B), not more than 

9 15 percent of the appraised value of the article at 

10 the time the article is entered into the United States 

11 may be attributable to the cost or value of such 

12 United States materials. 

13 (e) EXCLUSIONS.—An article shall not be treated as 

14 the growth, product, or manufacture of 1 or more Recon15 struction Opportunity Zones, and no material shall be in16 cluded for purposes of determining the 35-percent ap17 praised value requirement under subsection (c)(1) or 

18 (d)(1), by virtue of having merely undergone— 

19 (1) simple combining or packaging operations; 

20 or 

21 (2) mere dilution with water or with another 

22 substance that does not materially alter the charac23 teristics of the article or material. 

24 (f) DIRECT COSTS OF PROCESSING OPERATIONS.— 


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1 (1) IN GENERAL.—As used in subsections 

2 (c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), 

3 the term ‘‘direct costs of processing operations’’ in4 cludes, but is not limited to— 

5 (A) all actual labor costs involved in the 

6 growth, production, manufacture, or assembly 

7 of the article, including— 

8 (i) fringe benefits; 

9 (ii) on-the-job training; and 

10 (iii) costs of engineering, supervisory, 

11 quality control, and similar personnel; and 

12 (B) dies, molds, tooling, and depreciation 

13 on machinery and equipment which are allo14 cable to the article. 

15 (2) EXCLUDED COSTS.—As used in subsections 

16 (c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), 

17 the term ‘‘direct costs of processing operations’’ does 

18 not include costs which are not directly attributable 

19 to the article or are not costs of manufacturing the 

20 article, such as— 

21 (A) profit; and 

22 (B) general expenses of doing business 

23 which are either not allocable to the article or 

24 are not related to the growth, production, man25 ufacture, or assembly of the article, such as adVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00466 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 ministrative salaries, casualty and liability in2 surance, advertising, and salesmen’s salaries, 

3 commissions, or expenses. 

4 (g) REGULATIONS.—The Secretary of the Treasury, 

5 after consultation with the United States Trade Rep6 resentative, shall prescribe such regulations as may be 

7 necessary to carry out this section. The regulations may 

8 provide that, in order for an article to be eligible for duty9 free treatment under this section, the article— 

10 (1) shall be wholly the growth, product, or man11 ufacture of 1 or more Reconstruction Opportunity 

12 Zones; or 

13 (2) shall be a new or different article of com14 merce which has been grown, produced, or manufac15 tured in 1 or more Reconstruction Opportunity 

16 Zones. 

17 SEC. 405. DUTY-FREE TREATMENT FOR CERTAIN TEXTILE 

18 AND APPAREL ARTICLES. 

19 (a) DUTY-FREE TREATMENT.—The President is au20 thorized to proclaim duty-free treatment for any textile or 

21 apparel article described in subsection (b), if— 

22 (1) the article is a covered article described in 

23 subsection (b); and 

24 (2) the President determines that the country 

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1 cated has satisfied the requirements set forth in sec2 tion 406. 

3 (b) COVERED ARTICLES.—A covered article described 

4 in this subsection is an article in 1 of the following cat5 egories: 

6 (1) ARTICLES OF RECONSTRUCTION OPPOR7 TUNITY ZONES.—An article that is the product of 1 

8 or more Reconstruction Opportunity Zones and falls 

9 within the scope of 1 of the following textile and ap10 parel category numbers, as set forth in the HTS (as 

11 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 

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 

12 (2) ARTICLES OF RECONSTRUCTION OPPOR13 TUNITY ZONES IN AFGHANISTAN.—The article is the 

14 product of 1 or more Reconstruction Opportunity 

15 Zones in Afghanistan and falls within the scope of 


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1 1 of the following textile and apparel category num2 bers, as set forth in the HTS (as in effect on Sep3 tember 1, 2007): 

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

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

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

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

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

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

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

438 

4 (3) CERTAIN OTHER TEXTILE AND APPAREL

5 ARTICLES.—The article is the product of 1 or more 

6 Reconstruction Opportunity Zones and falls within 

7 the scope of 1 of the following textile and apparel 

8 category numbers as set forth in the HTS (as in ef9 fect on September 1, 2007) and is covered by the 

10 corresponding description for such category: 

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

12 239 (relating to cotton and man-made fiber ba13 bies’ garments) except for baby socks and baby 

14 booties described in subheading 6111.20.6050, 

15 6111.30.5050, or 6111.90.5050 of the HTS. 

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

17 338 (relating to men’s and boys’ cotton knit 

18 shirts) if the article is a certain knit-to-shape 

19 garment that meets the definition included in 

20 Statistical Note 6 to Chapter 61 of the HTS, 

21 and is provided for in subheading 


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1 6110.20.1026, 6110.20.2067, or 6110.90.9067 

2 of the HTS. 

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

4 339 (relating to women’s and girls’ cotton knit 

5 shirts and blouses) if the article is a knit-to6 shape garment that meets the definition in7 cluded in Statistical Note 6 to Chapter 61 of 

8 the HTS, and is provided for in subheading 

9 6110.20.1031, 6110.20.2077, or 6110.90.9071 

10 of the HTS. 

11 (D) CATEGORY 359.—An article in cat12 egory 359 (relating to other cotton apparel) ex13 cept swimwear provided for in subheading 

14 6112.39.0010, 6112.49.0010, 6211.11.8010, 

15 6211.11.8020, 6211.12.8010, or 6211.12.8020 

16 of the HTS. 

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

18 632 (relating to man-made fiber hosiery) if the 

19 article is panty hose provided for in subheading 

20 6115.21.0020 of the HTS. 

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

22 638 (relating to men’s and boys’ man-made 

23 fiber knit shirts) if the article is a knit-to-shape 

24 garment that meets the definition included in 

25 Statistical Note 6 to Chapter 61 of the HTS, 


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1 and is provided for in subheading 

2 6110.30.2051, 6110.30.3051, or 6110.90.9079 

3 of the HTS. 

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

5 639 (relating to women’s and girls’ man-made 

6 fiber knit shirts and blouses) if the article is a 

7 knit-to-shape garment that meets the definition 

8 included in Statistical Note 6 to Chapter 61 of 

9 the HTS, and is provided for in subheading 

10 6110.30.2061, 6110.30.3057, or 6110.90.9081 

11 of the HTS. 

12 (H) CATEGORY 647.—An article in cat13 egory 647 (relating to men’s and boys’ man14 made fiber trousers) if the article is ski/ 

15 snowboard pants that meets the definition in16 cluded in Statistical Note 4 to Chapter 62 of 

17 the HTS, and is provided for in subheading 

18 6203.43.3510, 6210.40.5031, or 6211.20.1525 

19 of the HTS. 

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

21 648 (relating to women’s and girls’ man-made 

22 fiber trousers) if the article is ski/snowboard 

23 pants that meets the definition included in Sta24 tistical Note 4 to Chapter 62 of the HTS, and 


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1 is provided for in subheading 6204.63.3010, 

2 6210.50.5031, or 6211.20.1555 of the HTS. 

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

4 659 (relating to other man-made fiber apparel) 

5 except for swimwear provided for in subheading 

6 6112.31.0010, 6112.31.0020, 6112.41.0010, 

7 6112.41.0020, 6112.41.0030, 6112.41.0040, 

8 6211.11.1010, 6211.11.1020, 6211.12.1010, or 

9 6211.12.1020 of the HTS. 

10 (K) CATEGORY 666.—An article in cat11 egory 666 (relating to other man-made fiber 

12 furnishings) except for window shades and win13 dow blinds provided for in subheading 

14 6303.12.0010 or 6303.92.2030 of the HTS. 

15 (4) CERTAIN OTHER ARTICLES.—The article is 

16 the product of 1 or more Reconstruction Oppor17 tunity Zones and falls within the scope of 1 of the 

18 following statistical reporting numbers of the HTS 

19 (as in effect on September 1, 2007): 

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 


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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 

1 (c) RULES OF ORIGIN FOR CERTAIN COVERED ARTI2 CLES.— 

3 (1) GENERAL RULES.—Except with respect to 

4 an article listed in paragraph (2) of subsection (b), 

5 duty-free treatment may be proclaimed for an article 

6 listed in subsection (b) only if the article is imported 

7 directly into the customs territory of the United 

8 States from a Reconstruction Opportunity Zone 

9 and— 

10 (A) the article is wholly the growth, prod11 uct, or manufacture of 1 or more Reconstruc12 tion Opportunity Zones; 

13 (B) the article is a yarn, thread, twine, 

14 cordage, rope, cable, or braiding, and— 

15 (i) the constituent staple fibers are 

16 spun in; or 


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1 (ii) the continuous filament fiber is 

2 extruded in, 

3 1 or more Reconstruction Opportunity Zones; 

4 (C) the article is a fabric, including a fab5 ric classifiable under chapter 59 of the HTS, 

6 and the constituent fibers, filaments, or yarns 

7 are woven, knitted, needled, tufted, felted, en8 tangled, or transformed by any other fabric9 making process in 1 or more Reconstruction 

10 Opportunity Zones; or 

11 (D) the article is any other textile or ap12 parel article that is cut (or knit-to-shape) and 

13 sewn or otherwise assembled in 1 or more Re14 construction Opportunity Zones from its compo15 nent pieces. 

16 (2) SPECIAL RULES.— 

17 (A) CERTAIN MADE-UP ARTICLES, TEXTILE

18 ARTICLES IN THE PIECE, AND CERTAIN OTHER

19 TEXTILES AND TEXTILE ARTICLES.—Notwith20 standing paragraph (1)(D) and except as pro21 vided in subparagraphs (C) and (D) of this 

22 paragraph, subparagraph (A), (B), or (C) of 

23 paragraph (1), as appropriate, shall determine 

24 whether a good that is classifiable under 1 of 

25 the following headings or subheadings of the 


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1 HTS shall be considered to meet the rules of 

2 origin of this subsection: 5609, 5807, 5811, 

3 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 

4 6304, 6305, 6306, 6307.10, 6307.90, 6308, 

5 and 9404.90. 

6 (B) CERTAIN KNIT-TO-SHAPE TEXTILES

7 AND TEXTILE ARTICLES.—Notwithstanding 

8 paragraph (1)(D) and except as provided in 

9 subparagraphs (C) and (D) of this paragraph, 

10 a textile or apparel article that is wholly formed 

11 on seamless knitting machines or by hand-knit12 ting in 1 or more Reconstruction Opportunity 

13 Zones shall be considered to meet the rules of 

14 origin of this subsection. 

15 (C) CERTAIN DYED AND PRINTED TEX16 TILES AND TEXTILE ARTICLES.—Notwith17 standing paragraph (1)(D), an article classifi18 able under subheading 6117.10, 6213.00, 

19 6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 

20 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 

21 6303.99, 6304.19, 6304.93, 6304.99, 

22 9404.90.85, or 9404.90.95 of the HTS, except 

23 for an article classifiable under 1 of such sub24 headings as of cotton or of wool or consisting 

25 of fiber blends containing 16 percent or more 


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1 by weight of cotton, shall be considered to meet 

2 the rules of origin of this subsection if the fab3 ric in the article is both dyed and printed in 1 

4 or more Reconstruction Opportunity Zones, and 

5 such dyeing and printing is accompanied by 2 

6 or more of the following finishing operations: 

7 bleaching, shrinking, fulling, napping, decating, 

8 permanent stiffening, weighting, permanent em9 bossing, or moireing. 

10 (D) FABRICS OF SILK, COTTON, MAN-MADE

11 FIBER, OR VEGETABLE FIBER.—Notwith12 standing paragraph (1)(C), a fabric classifiable 

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

14 fiber, or vegetable fiber shall be considered to 

15 meet the rules of origin of this subsection if the 

16 fabric is both dyed and printed in 1 or more 

17 Reconstruction Opportunity Zones, and such 

18 dyeing and printing is accompanied by 2 or 

19 more of the following finishing operations: 

20 bleaching, shrinking, fulling, napping, decating, 

21 permanent stiffening, weighting, permanent em22 bossing, or moireing. 

23 (d) RULES OF ORIGIN FOR COVERED ARTICLES

24 THAT ARE PRODUCTS OF 1 OR MORE RECONSTRUCTION

25 OPPORTUNITY ZONES IN AFGHANISTAN.— 


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1 (1) GENERAL RULES.—Duty-free treatment 

2 may be proclaimed for an article listed in paragraph 

3 (2) of subsection (b) only if the article is imported 

4 directly into the customs territory of the United 

5 States from a Reconstruction Opportunity Zone in 

6 Afghanistan and— 

7 (A) the article is wholly the growth, prod8 uct, or manufacture of 1 or more Reconstruc9 tion Opportunity Zones in Afghanistan; 

10 (B) the article is a yarn, thread, twine, 

11 cordage, rope, cable, or braiding, and— 

12 (i) the constituent staple fibers are 

13 spun in; or 

14 (ii) the continuous filament fiber is 

15 extruded in, 

16 1 or more Reconstruction Opportunity Zones in 

17 Afghanistan; 

18 (C) the article is a fabric, including a fab19 ric classifiable under chapter 59 of the HTS, 

20 and the constituent fibers, filaments, or yarns 

21 are woven, knitted, needled, tufted, felted, en22 tangled, or transformed by any other fabric23 making process in 1 or more Reconstruction 

24 Opportunity Zones in Afghanistan; or 


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1 (D) the article is any other textile or ap2 parel article that is cut (or knit-to-shape) and 

3 sewn or otherwise assembled in 1 or more Re4 construction Opportunity Zones in Afghanistan 

5 from its component pieces. 

6 (2) SPECIAL RULES.— 

7 (A) CERTAIN MADE-UP ARTICLES, TEXTILE

8 ARTICLES IN THE PIECE, AND CERTAIN OTHER

9 TEXTILES AND TEXTILE ARTICLES.—Notwith10 standing paragraph (1)(D) and except as pro11 vided in subparagraphs (C) and (D) of this 

12 paragraph, subparagraph (A), (B), or (C) of 

13 paragraph (1), as appropriate, shall determine 

14 whether a good that is classifiable under 1 of 

15 the following headings or subheadings of the 

16 HTS shall be considered to meet the rules of 

17 origin of this subsection: 5609, 5807, 5811, 

18 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 

19 6304, 6305, 6306, 6307.10, 6307.90, 6308, 

20 and 9404.90. 

21 (B) CERTAIN KNIT-TO-SHAPE TEXTILES

22 AND TEXTILE ARTICLES.—Notwithstanding 

23 paragraph (1)(D) and except as provided in 

24 subparagraphs (C) and (D) of this paragraph, 

25 a textile or apparel article that is wholly formed 


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1 on seamless knitting machines or by hand-knit2 ting in 1 or more Reconstruction Opportunity 

3 Zones in Afghanistan shall be considered to 

4 meet the rules of origin of this subsection. 

5 (C) CERTAIN DYED AND PRINTED TEX6 TILES AND TEXTILE ARTICLES.—Notwith7 standing paragraph (1)(D), an article classifi8 able under subheading 6117.10, 6213.00, 

9 6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 

10 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 

11 6303.99, 6304.19, 6304.93, 6304.99, 

12 9404.90.85, or 9404.90.95 of the HTS, except 

13 for an article classifiable under 1 of such sub14 headings as of cotton or of wool or consisting 

15 of fiber blends containing 16 percent or more 

16 by weight of cotton, shall be considered to meet 

17 the rules of origin of this subsection if the fab18 ric in the article is both dyed and printed in 1 

19 or more Reconstruction Opportunity Zones in 

20 Afghanistan, and such dyeing and printing is 

21 accompanied by 2 or more of the following fin22 ishing operations: bleaching, shrinking, fulling, 

23 napping, decating, permanent stiffening, 

24 weighting, permanent embossing, or moireing. 


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1 (D) FABRICS OF SILK, COTTON, MAN-MADE

2 FIBER OR VEGETABLE FIBER.—Notwith3 standing paragraph (1)(C), a fabric classifiable 

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

5 fiber, or vegetable fiber shall be considered to 

6 meet the rules of origin of this subsection if the 

7 fabric is both dyed and printed in 1 or more 

8 Reconstruction Opportunity Zones in Afghani9 stan, and such dyeing and printing is accom10 panied by 2 or more of the following finishing 

11 operations: bleaching, shrinking, fulling, nap12 ping, decating, permanent stiffening, weighting, 

13 permanent embossing, or moireing. 

14 (e) REGULATIONS.—The Secretary of the Treasury, 

15 after consultation with the United States Trade Rep16 resentative, shall prescribe such regulations as may be 

17 necessary to carry out this section. 

18 SEC. 406. PROTECTIONS AGAINST UNLAWFUL TRANS19 SHIPMENT. 

20 (a) DUTY-FREE TREATMENT CONDITIONED ON EN21 FORCEMENT MEASURES.— 

22 (1) IN GENERAL.—The duty-free treatment de23 scribed in section 405 shall not be provided to cov24 ered articles that are imported from a Reconstruc25 tion Opportunity Zone in a country unless the PresiVerDate Nov 24 2008 21:48 Jun 23, 2009 Jkt 079200 PO 00000 Frm 00480 Fmt 6652 Sfmt 6201 E:\BILLS\H2410.RFS H2410

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1 dent determines that country meets the following 

2 criteria: 

3 (A) The country has adopted— 

4 (i) an effective visa or electronic cer5 tification system; and 

6 (ii) domestic laws and enforcement 

7 procedures applicable to covered articles to 

8 prevent unlawful transshipment of the arti9 cles and the use of false documents relat10 ing to the importation of the articles into 

11 the United States. 

12 (B) The country has enacted legislation or 

13 promulgated regulations that would permit U.S. 

14 Customs and Border Protection verification 

15 teams to have the access necessary to inves16 tigate thoroughly allegations of unlawful trans17 shipment through such country. 

18 (C) The country agrees to provide U.S. 

19 Customs and Border Protection with a monthly 

20 report on shipments of covered articles from 

21 each producer of those articles in a Reconstruc22 tion Opportunity Zone in that country. 

23 (D) The country will cooperate fully with 

24 the United States to address and take action 

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1 scribed in Article 5 of the Agreement on Tex2 tiles and Clothing. 

3 (E) The country agrees to require each 

4 producer of a covered article in a Reconstruc5 tion Opportunity Zone in that country to reg6 ister with the competent government authority, 

7 to provide that authority with the following in8 formation, and to update that information as 

9 changes occur: 

10 (i) The name and address of the pro11 ducer, including the location of all textile 

12 or apparel facilities owned or operated by 

13 that producer in Afghanistan or Pakistan. 

14 (ii) The telephone number, facsimile 

15 number, and electronic mail address of the 

16 producer. 

17 (iii) The names and nationalities of 

18 the producer’s owners, directors, and cor19 porate officers, and their positions. 

20 (iv) The number of employees the pro21 ducer employs and their occupations. 

22 (v) A general description of the cov23 ered articles of the producer and the pro24 ducer’s production capacity. 


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1 (vi) The number and type of machines 

2 the producer uses to produce textile or ap3 parel articles at each facility. 

4 (vii) The approximate number of 

5 hours the machines operate per week. 

6 (viii) The identity of any supplier to 

7 the producer of textile or apparel goods, or 

8 fabrics, yarns, or fibers used in the produc9 tion of textile or apparel goods. 

10 (ix) The name of, and contact infor11 mation for, each of the producer’s cus12 tomers in the United States. 

13 (F) The country agrees to provide to U.S. 

14 Customs and Border Protection on a timely 

15 basis all of the information received by the com16 petent government authority in accordance with 

17 subparagraph (E) and to provide U.S. Customs 

18 and Border Protection with an annual update 

19 of that information. 

20 (G) The country agrees to require that all 

21 producers and exporters of covered articles in a 

22 Reconstruction Opportunity Zone in that coun23 try maintain complete records of the production 

24 and the export of covered articles, including 

25 materials used in the production, for at least 5 


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1 years after the production or export (as the 

2 case may be). 

3 (H) The country agrees to provide, on a 

4 timely basis, at the request of U.S. Customs 

5 and Border Protection, documentation estab6 lishing the eligibility of covered articles for 

7 duty-free treatment under section 405. 

8 (2) DOCUMENTATION ESTABLISHING ELIGI9 BILITY OF ARTICLES FOR DUTY-FREE TREAT10 MENT.—For purposes of paragraph (1)(H), docu11 mentation establishing the eligibility of a covered ar12 ticle for duty-free treatment under section 405 in13 cludes documentation such as production records, in14 formation relating to the place of production, the 

15 number and identification of the types of machinery 

16 used in production, the number of workers employed 

17 in production, and certification from both the pro18 ducer and the exporter. 

19 (b) CUSTOMS PROCEDURES AND ENFORCEMENT.— 

20 (1) IN GENERAL.— 

21 (A) REGULATIONS.—The Secretary of the 

22 Treasury, after consultation with the United 

23 States Trade Representative, shall promulgate 

24 regulations setting forth customs procedures 

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1 ments of article 502(1) of the NAFTA as im2 plemented pursuant to United States law, which 

3 shall apply to any importer that claims duty4 free treatment for an article under section 405. 

5 (B) DETERMINATION.—In order for arti6 cles produced in a Reconstruction Opportunity 

7 Zone to qualify for the duty-free treatment 

8 under section 405, there shall be in effect a de9 termination by the President that Afghanistan 

10 or Pakistan, as the case may be— 

11 (i) has implemented and follows; or 

12 (ii) is making substantial progress to13 ward implementing and following, 

14 procedures and requirements similar in all ma15 terial respects to the relevant procedures and 

16 requirements under chapter 5 of the NAFTA. 

17 (2) CERTIFICATE OF ORIGIN.—A certificate of 

18 origin that otherwise would be required pursuant to 

19 the provisions of paragraph (1) shall not be required 

20 in the case of an article imported under section 405 

21 if such certificate of origin would not be required 

22 under article 503 of the NAFTA, as implemented 

23 pursuant to United States law, if the article were 

24 imported from Mexico. 


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1 (3) PENALTIES.—If the President determines, 

2 based on sufficient evidence, that an entity has en3 gaged in unlawful transshipment described in para4 graph (4), the President shall deny for a period of 

5 5 years beginning on the date of the determination 

6 all benefits under section 405 to the entity, any suc7 cessor of the entity, and any other entity owned, op8 erated, or controlled by the principals of the entity. 

9 (4) UNLAWFUL TRANSSHIPMENT DESCRIBED.— 

10 For purposes of this section, unlawful transshipment 

11 occurs when duty-free treatment for a covered article 

12 has been claimed on the basis of material false infor13 mation concerning the country of origin, manufac14 ture, processing, or assembly of the article or any of 

15 its components. For purposes of the preceding sen16 tence, false information is material if disclosure of 

17 the true information would mean or would have 

18 meant that the article is or was ineligible for duty19 free treatment under section 405. 

20 (5) MONITORING AND REPORTS TO CON21 GRESS.—U.S. Customs and Border Protection shall 

22 monitor and the Commissioner responsible for U.S. 

23 Customs and Border Protection shall submit to Con24 gress, not later than March 31 of each year, a report 

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1 cation systems and the implementation of legislation 

2 and regulations described in subsection (a) and on 

3 measures taken by Afghanistan and Pakistan to pre4 vent circumvention as described in article 5 of the 

5 Agreement on Textile and Clothing. 

6 (c) ADDITIONAL CUSTOMS ENFORCEMENT.—U.S. 

7 Customs and Border Protection shall— 

8 (1) make available technical assistance to Af9 ghanistan and Pakistan— 

10 (A) in the development and implementation 

11 of visa or electronic certification systems, legis12 lation, and regulations described in subsection 

13 (a)(1)(A) and (B); and 

14 (B) to train their officials in anti-trans15 shipment enforcement; 

16 (2) send production verification teams to Af17 ghanistan and Pakistan as necessary; and 

18 (3) to the extent feasible, place Afghanistan 

19 and Pakistan on a relevant e-certification program. 

20 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

21 out subsection (c), there are authorized to be appropriated 

22 to U.S. Customs and Border Protection $10,000,000 for 

23 each of the fiscal years 2010 through 2023. 


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1 SEC. 407. TECHNICAL ASSISTANCE, CAPACITY BUILDING, 

2 COMPLIANCE ASSESSMENT, AND REMEDI3 ATION PROGRAM. 

4 (a) DEFINITIONS.—In this section: 

5 (1) APPROPRIATE CONGRESSIONAL COMMIT6 TEES.—The term ‘‘appropriate congressional com7 mittees’’ means— 

8 (A) the Committee on Finance and the 

9 Committee on Armed Services of the Senate; 

10 and 

11 (B) the Committee on Ways and Means 

12 and the Committee on Armed Services of the 

13 House of Representatives. 

14 (2) TEXTILE OR APPAREL PRODUCER.—The 

15 term ‘‘textile or apparel producer’’ means a producer 

16 of a covered article described in section 405(b) that 

17 is located in a Reconstruction Opportunity Zone. 

18 (b) ELIGIBILITY.— 

19 (1) PRESIDENTIAL CERTIFICATION OF COMPLI20 ANCE BY AFGHANISTAN OR PAKISTAN WITH RE21 QUIREMENTS.—Upon the expiration of the 16-month 

22 period beginning on the date on which the President 

23 designates an area within Afghanistan or Pakistan, 

24 as the case may be, as a Reconstruction Opportunity 

25 Zone under section 403(a), duty-free treatment pro26 claimed under section 404(a) or 405(a) for articles 


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1 from such Reconstruction Opportunity Zone may re2 main in effect only if the President determines and 

3 certifies to Congress that Afghanistan or Pakistan, 

4 as the case may be— 

5 (A) has implemented the requirements set 

6 forth in subsections (c) and (d) with respect to 

7 such Reconstruction Opportunity Zone; and 

8 (B) has agreed to require textile or apparel 

9 producers in such Reconstruction Opportunity 

10 Zone to participate in the program described in 

11 subsection (d) and has developed a system to 

12 ensure participation in such program by such 

13 producers, including by developing and main14 taining the registry described in subsection 

15 (c)(2)(A). 

16 (2) EXTENSION.— 

17 (A) INITIAL EXTENSION.—The President 

18 may extend the period for compliance by Af19 ghanistan or Pakistan under paragraph (1) for 

20 an initial 6-month period if the President— 

21 (i) determines that Afghanistan or 

22 Pakistan, as the case may be, has made a 

23 good faith effort toward implementing the 

24 requirements set forth in paragraph (1) 

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1 tional steps towards implementing such re2 quirements that are satisfactory to the 

3 President; and 

4 (ii) provides to the appropriate con5 gressional committees, not later than 30 

6 days before the last day of the 16-month 

7 period specified in paragraph (1), a report 

8 identifying the additional steps that Af9 ghanistan or Pakistan, as the case may be, 

10 has agreed to take as described in clause 

11 (i). 

12 (B) SUBSEQUENT EXTENSIONS.—The 

13 President may extend the period for compliance 

14 by Afghanistan or Pakistan under paragraph 

15 (1) for subsequent 6-month periods if, with re16 spect to each such extension, the President— 

17 (i) provides an opportunity for public 

18 comment and a public hearing on the pos19 sible extension not later than 45 days be20 fore the last day of the existing 6-month 

21 extension; 

22 (ii) consults with the Secretary of 

23 Labor and the appropriate congressional 

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1 tension not later than 45 days before the 

2 last day of the existing 6-month extension; 

3 (iii) determines, taking into account 

4 any public comments and input received 

5 during the public hearing described in 

6 clause (i) and the consultations described 

7 in clause (ii), that extraordinary cir8 cumstances exist that preclude Afghanistan 

9 or Pakistan, as the case may be, from 

10 meeting the requirements set forth in 

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

12 (iv) publishes in the Federal Register 

13 a notice that describes— 

14 (I) the extraordinary cir15 cumstances described in clause (iii); 

16 (II) the reasons why the extraor17 dinary circumstances preclude Af18 ghanistan or Pakistan, as the case 

19 may be, from meeting the require20 ments set forth in paragraph (1) (A) 

21 and (B); and 

22 (III) the steps Afghanistan or 

23 Pakistan, as the case may be, will 

24 take during the 6-month period of the 

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1 ments set forth in paragraph (1) (A) 

2 and (B). 

3 (3) CONTINUING COMPLIANCE.— 

4 (A) TERMINATION OF DUTY-FREE TREAT5 MENT.—If, after making a certification under 

6 paragraph (1), the President determines that 

7 Afghanistan or Pakistan is no longer meeting 

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

9 and (B), the President shall terminate the duty10 free treatment proclaimed under section 404(a) 

11 or 405(a). 

12 (B) CONTINUATION OF DUTY-FREE TREAT13 MENT NOTWITHSTANDING NONCOMPLIANCE.— 

14 (i) INITIAL 6-MONTH CONTINU15 ATION.—Notwithstanding subparagraph 

16 (A), if, after making a certification under 

17 paragraph (1), the President determines 

18 that Afghanistan or Pakistan is no longer 

19 meeting the requirements set forth in 

20 paragraph (1) (A) and (B), the President 

21 may extend the duty-free treatment pro22 claimed under section 404(a) or 405(a) for 

23 an initial 6-month period if the Presi24 dent— 


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1 (I) determines, after consultation 

2 with the Secretary of Labor and the 

3 appropriate congressional committees, 

4 that extraordinary circumstances exist 

5 that preclude Afghanistan or Paki6 stan, as the case may be, from con7 tinuing to meet the requirements set 

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

9 and 

10 (II) publishes in the Federal 

11 Register a notice, not later than 30 

12 days after making the determination 

13 under subclause (I), that describes— 

14 (aa) the extraordinary cir15 cumstances described in sub16 clause (I); and 

17 (bb) the reasons why the ex18 traordinary circumstances pre19 clude Afghanistan or Pakistan, 

20 as the case may be, from con21 tinuing to meet the requirements 

22 set forth in paragraph (1) (A) 

23 and (B). 

24 (ii) SUBSEQUENT 6-MONTH CONTINU25 ATION.—The President may extend the 


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1 duty-free treatment proclaimed under sec2 tion 404(a) or 405(a) for a subsequent 6- 

3 month period if, with respect to such ex4 tension, the President makes a determina5 tion that meets the requirements of clause 

6 (i)(I) and publishes in the Federal Register 

7 a notice that meets the requirements of 

8 clause (i)(II). 

9 (C) SUBSEQUENT COMPLIANCE.—If the 

10 President, after terminating duty-free treat11 ment under subparagraph (A), determines that 

12 Afghanistan or Pakistan, as the case may be, is 

13 implementing the requirements set forth in 

14 paragraph (1) (A) and (B) and meets the re15 quirements of section 403, the President shall 

16 reinstate the application of duty-free treatment 

17 proclaimed under section 404(a) or 405(a). 

18 (c) LABOR OFFICIAL.— 

19 (1) IN GENERAL.—The requirement under this 

20 subsection is that Afghanistan or Pakistan, as the 

21 case may be, has designated a labor official within 

22 the national government that— 

23 (A) reports directly to the President of Af24 ghanistan or Pakistan, as the case may be; 


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1 (B) is chosen by the President of Afghani2 stan or Pakistan, as the case may be, in con3 sultation with labor unions and industry asso4 ciations; and 

5 (C) is vested with the authority to perform 

6 the functions described in paragraph (2). 

7 (2) FUNCTIONS.—The functions of the labor of8 ficial shall include— 

9 (A) developing and maintaining a registry 

10 of textile or apparel producers, and developing, 

11 in consultation and coordination with any other 

12 appropriate officials of the Government of Af13 ghanistan or Pakistan, as the case may be, a 

14 system to ensure participation by such pro15 ducers in the program described in subsection 

16 (d); 

17 (B) overseeing the implementation of the 

18 program described in subsection (d); 

19 (C) receiving and investigating comments 

20 from any interested party regarding the condi21 tions described in subsection (d)(2) in facilities 

22 of textile or apparel producers listed in the reg23 istry described in subparagraph (A) and, where 

24 appropriate, referring such comments or the re25 sult of such investigations to the appropriate 


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1 authorities of Afghanistan or Pakistan, as the 

2 case may be, and to the entity operating the 

3 program described in subsection (d); 

4 (D) assisting, in consultation and coordina5 tion with any other appropriate authorities of 

6 Afghanistan or Pakistan, as the case may be, 

7 textile or apparel producers listed in the reg8 istry described in subparagraph (A) in meeting 

9 the conditions set forth in subsection (d)(2); 

10 and 

11 (E) coordinating, with the assistance of the 

12 entity operating the program described in sub13 section (d), a tripartite committee comprised of 

14 appropriate representatives of government agen15 cies, employers, and workers, as well as other 

16 relevant interested parties, for the purposes of 

17 evaluating progress in implementing the pro18 gram described in subsection (d), and con19 sulting on improving core labor standards and 

20 working conditions in the textile and apparel 

21 sector in Afghanistan or Pakistan, as the case 

22 may be, and on other matters of common con23 cern relating to such core labor standards and 

24 working conditions. 


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1 (d) TECHNICAL ASSISTANCE, CAPACITY BUILDING, 

2 COMPLIANCE ASSESSMENT, AND REMEDIATION PRO3 GRAM.— 

4 (1) IN GENERAL.—The requirement under this 

5 subsection is that Afghanistan or Pakistan, as the 

6 case may be, in cooperation with the entity des7 ignated by the Secretary of Labor under paragraph 

8 (3)(A)(i), has established a program meeting the re9 quirements under paragraph (3)— 

10 (A) to assess compliance by textile or ap11 parel producers listed in the registry described 

12 in subsection (c)(2)(A) with the conditions set 

13 forth in paragraph (2) and to assist such pro14 ducers in meeting such conditions; and 

15 (B) to provide assistance to improve the 

16 capacity of the Government of Afghanistan or 

17 Pakistan, as the case may be— 

18 (i) to inspect facilities of textile or ap19 parel producers listed in the registry de20 scribed in subsection (c)(2)(A); and 

21 (ii) to enforce national labor laws and 

22 resolve labor disputes, including through 

23 measures described in paragraph (5). 

24 (2) CONDITIONS DESCRIBED.—The conditions 

25 referred to in paragraph (1) are— 


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1 (A) compliance with core labor standards; 

2 and 

3 (B) compliance with the labor laws of Af4 ghanistan or Pakistan, as the case may be, that 

5 relate directly to core labor standards and to 

6 ensuring acceptable conditions of work with re7 spect to minimum wages, hours of work, and 

8 occupational health and safety. 

9 (3) REQUIREMENTS.—The requirements for the 

10 program are that the program— 

11 (A) is operated by an entity that— 

12 (i) is designated by the Secretary of 

13 Labor, in consultation with appropriate of14 ficials of the Government of Afghanistan 

15 or Pakistan, as the case may be; 

16 (ii) operates independently of the Gov17 ernment of Afghanistan or Pakistan, as 

18 the case may be; 

19 (iii) has expertise relating to moni20 toring of core labor standards; 

21 (iv) if the entity designated under 

22 clause (i) is an entity other than the Inter23 national Labor Organization, is subject to 

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1 ganization at the request of the Secretary 

2 of Labor, including— 

3 (I) annual review of the oper4 ation of the program; and 

5 (II) annual recommendations to 

6 the entity operating the program, the 

7 Government of Afghanistan or Paki8 stan, as the case may be, and the Sec9 retary of Labor to improve the oper10 ation of the program; 

11 (v) prepares the annual report de12 scribed in paragraph (4); 

13 (B) is developed through a participatory 

14 process that includes the labor official described 

15 in subsection (c) of Afghanistan or Pakistan, as 

16 the case may be, and appropriate representa17 tives of government agencies, employers, and 

18 workers; 

19 (C) assess compliance by each textile or 

20 apparel producer listed in the registry described 

21 in subsection (c)(2)(A) with the conditions set 

22 forth in paragraph (2) and identify any defi23 ciencies by such producer with respect to meet24 ing such conditions, including by— 


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1 (i) conducting site visits to facilities of 

2 the producer; 

3 (ii) conducting confidential interviews 

4 with workers and management of the fa5 cilities of the producer; and 

6 (iii) providing to management and 

7 workers, and where applicable, worker or8 ganizations of the producer, on a confiden9 tial basis— 

10 (I) the results of the assessment 

11 carried out under this subparagraph; 

12 and 

13 (II) specific suggestions for reme14 diating any such deficiencies; 

15 (D) assist the textile or apparel producer 

16 in remediating any deficiencies identified under 

17 subparagraph (C); 

18 (E) conduct prompt follow-up site visits to 

19 the facilities of the textile or apparel producer 

20 to assess progress on remediation of any defi21 ciencies identified under subparagraph (C); and 

22 (F) provide training to workers and man23 agement of the textile or apparel producer, and 

24 where appropriate, to other persons or entities, 

25 to promote compliance with paragraph (2). 


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1 (4) ANNUAL REPORT.—The annual report re2 ferred to in paragraph (3)(A)(v) is a report, by the 

3 entity operating the program, that is published (and 

4 available to the public in a readily accessible man5 ner) on an annual basis, beginning 1 year after Af6 ghanistan or Pakistan, as the case may be, has im7 plemented a program under this subsection, covering 

8 the preceding 1-year period, and that includes the 

9 following: 

10 (A) The name of each textile or apparel 

11 producer listed in the registry described in sub12 section (c)(2)(A) that has been in operation in 

13 the Reconstruction Opportunity Zone for at 

14 least 1 year and has been identified as having 

15 met the conditions under paragraph (2). 

16 (B) The name of each textile or apparel 

17 producer listed in the registry described in sub18 section (c)(2)(A) that has been in operation in 

19 the Reconstruction Opportunity Zone for at 

20 least 1 year and has been identified as having 

21 deficiencies with respect to the conditions under 

22 paragraph (2), and has failed to remedy such 

23 deficiencies. 

24 (C) For each textile or apparel producer 

25 listed under subparagraph (B)— 


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1 (i) a description of the deficiencies 

2 found to exist and the specific suggestions 

3 for remediating such deficiencies made by 

4 the entity operating the program; 

5 (ii) a description of the efforts by the 

6 producer to remediate the deficiencies, in7 cluding a description of assistance provided 

8 by any entity to assist in such remediation; 

9 and 

10 (iii) with respect to deficiencies that 

11 have not been remediated, the amount of 

12 time that has elapsed since the deficiencies 

13 were first identified in a report under this 

14 subparagraph. 

15 (D) For each textile or apparel producer 

16 identified as having deficiencies with respect to 

17 the conditions described under paragraph (2) in 

18 a prior report under this paragraph, a descrip19 tion of the progress made in remediating such 

20 deficiencies since the submission of the prior re21 port, and an assessment of whether any aspect 

22 of such deficiencies persists. 

23 (5) CAPACITY BUILDING.—The assistance to 

24 the Government of Afghanistan or Pakistan referred 

25 to in paragraph (1)(B) shall include programs— 


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1 (A) to review the labor laws and regula2 tions of Afghanistan or Pakistan, as the case 

3 may be, and to develop and implement strate4 gies for improving such labor laws and regula5 tions; 

6 (B) to develop additional strategies for 

7 protecting core labor standards and providing 

8 acceptable conditions of work with respect to 

9 minimum wages, hours of work, and occupa10 tional safety and health, including through 

11 legal, regulatory, and institutional reform; 

12 (C) to increase awareness of core labor 

13 standards and national labor laws; 

14 (D) to promote consultation and coopera15 tion between government representatives, em16 ployers, worker representatives, and United 

17 States importers on matters relating to core 

18 labor standards and national labor laws; 

19 (E) to assist the labor official of Afghani20 stan or Pakistan, as the case may be, des21 ignated pursuant to subsection (c) in estab22 lishing and coordinating operation of the com23 mittee described in subsection (c)(2)(E); 


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1 (F) to assist worker representatives in 

2 more fully and effectively advocating on behalf 

3 of their members; and 

4 (G) to provide on-the-job training and 

5 technical assistance to labor inspectors, judicial 

6 officers, and other relevant personnel to build 

7 their capacity to enforce national labor laws 

8 and resolve labor disputes. 

9 (e) COMPLIANCE WITH ELIGIBILITY CRITERIA.— 

10 (1) COUNTRY COMPLIANCE WITH CORE LABOR

11 STANDARDS ELIGIBILITY CRITERIA.—In making a 

12 determination of whether Afghanistan or Pakistan is 

13 meeting the eligibility requirement set forth in sec14 tion 403(b)(1)(E) relating to core labor standards, 

15 the President shall consider any reports produced 

16 under subsection (d)(4) and acceptable conditions of 

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

18 and occupational health and safety. 

19 (2) PRODUCER ELIGIBILITY.— 

20 (A) IDENTIFICATION OF PRODUCERS.— 

21 (i) IN GENERAL.—Except as provided 

22 in clause (ii), beginning 2 years after the 

23 President makes the certification under 

24 subsection (b)(1), the President shall iden25 tify on a biennial basis whether a textile or 


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1 apparel producer listed in the registry de2 scribed in subsection (c)(2)(A) and in oper3 ation for at least 1 year has failed to com4 ply with core labor standards and with the 

5 labor laws of Afghanistan or Pakistan, as 

6 the case may be, that directly relate to and 

7 are consistent with core labor standards. 

8 (ii) EXCEPTION.—The President may 

9 identify a textile or apparel producer at 

10 any time under clause (i) if the evidence 

11 warrants such a review. 

12 (B) ASSISTANCE TO PRODUCERS; WITH13 DRAWAL, ETC., OF DUTY-FREE TREATMENT.— 

14 For each textile or apparel producer that the 

15 President identifies under subparagraph (A), 

16 the President shall seek to assist such producer 

17 in coming into compliance with core labor 

18 standards and with the labor laws of Afghani19 stan or Pakistan, as the case may be, that di20 rectly relate to and are consistent with core 

21 labor standards. If, within a reasonable period 

22 of time, such efforts fail, the President shall 

23 withdraw, suspend, or limit the application of 

24 duty-free treatment to textile and apparel cov25 ered articles of such producer. 


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1 (C) REINSTATING DUTY-FREE TREAT2 MENT.—If the President, after withdrawing, 

3 suspending, or limiting the application of duty4 free treatment under subparagraph (B) to arti5 cles of a textile or apparel producer, determines 

6 that such producer is complying with core labor 

7 standards and with the labor laws of Afghani8 stan or Pakistan, as the case may be, that di9 rectly relate to and are consistent with core 

10 labor standards, the President shall reinstate 

11 the application of duty-free treatment under 

12 section 405 to the textile and apparel covered 

13 articles of such producer. 

14 (D) CONSIDERATION OF REPORTS.—In 

15 making the identification under subparagraph 

16 (A) and the determination under subparagraph 

17 (C), the President shall consider the reports 

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

19 (f) REPORTS BY THE PRESIDENT.— 

20 (1) IN GENERAL.—Not later than 1 year after 

21 the date of the enactment of this Act, and annually 

22 thereafter, the President shall transmit to the appro23 priate congressional committees a report on the im24 plementation of this section during the preceding 1- 

25 year period. 


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1 (2) MATTERS TO BE INCLUDED.—Each report 

2 required by paragraph (1) shall include the fol3 lowing: 

4 (A) An explanation of the efforts of Af5 ghanistan and Pakistan, the President, and en6 tity designated by the Secretary of Labor to 

7 carry out this section. 

8 (B) A summary of each report produced 

9 under subsection (d)(4) during the preceding 1- 

10 year period and a summary of the findings con11 tained in such report. 

12 (C) Identifications made under subsection 

13 (e)(2)(A) and determinations made under sub14 section (e)(2)(C). 

15 (g) EVALUATION AND REPORT BY SECRETARY OF

16 LABOR.— 

17 (1) EVALUATION.—The Secretary of Labor 

18 shall evaluate the monitoring program established 

19 under this section to determine ways to improve 

20 adoption and adherence to core labor standards and 

21 acceptable conditions of work with respect to min22 imum wages, hours of work, and occupational health 

23 and safety. To the extent that producers of nontex24 tile or nonapparel articles described in section 404 

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1 struction Opportunity Zones, the report shall also 

2 evaluate options for expanding the program to in3 clude such producers. 

4 (2) REPORT.—Not later than 1 year after the 

5 date on which Afghanistan or Pakistan, as the case 

6 may be, has implemented a program under this sec7 tion, the Secretary of Labor shall submit to the ap8 propriate congressional committees a report that 

9 contains the results of the evaluation required under 

10 paragraph (1) and recommendations to improve the 

11 program under this section and, if applicable, to ex12 pand the program to include producers of nontextile 

13 or nonapparel articles. 

14 (3) AUTHORIZATION OF APPROPRIATIONS.— 

15 There is authorized to be appropriated to the Sec16 retary of Labor such sums as may be necessary to 

17 carry out this subsection. 

18 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to carry out this section 

20 (other than subsection (g)) $20,000,000 for the period be21 ginning on October 1, 2009, and ending on September 30, 

22 2023. 

23 SEC. 408. PETITION PROCESS. 

24 Any interested party may file a request to have the 

25 status of Afghanistan or Pakistan reviewed with respect 


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1 to the eligibility requirements listed in this title, and the 

2 President shall provide for this purpose the same proce3 dures as those that are provided for reviewing the status 

4 of eligible beneficiary developing countries with respect to 

5 the designation criteria listed in subsections (b) and (c) 

6 of section 502 of the Trade Act of 1974 (19 U.S.C. 2462 

7 (b) and (c)). 

8 SEC. 409. LIMITATIONS ON PROVIDING DUTY-FREE TREAT9 MENT. 

10 (a) IN GENERAL.— 

11 (1) PROCLAMATION.—Except as provided in 

12 paragraph (2), and subject to subsection (b) and the 

13 conditions described in sections 403 through 407 of 

14 this division, the President shall exercise the Presi15 dent’s authority under this title, and the President 

16 shall proclaim any duty-free treatment pursuant to 

17 that authority. 

18 (2) WAIVER.—The President may waive the ap19 plication of this title if the President determines that 

20 providing such treatment is inconsistent with the na21 tional interests of the United States. In making such 

22 determination, the President shall consider— 

23 (A) obligations of the United States under 

24 international agreements; 


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1 (B) the national economic interests of the 

2 United States; and 

3 (C) the foreign policy interests of the 

4 United States, including the economic develop5 ment of Afghanistan and the border region of 

6 Pakistan. 

7 (b) WITHDRAWAL, SUSPENSION, OR LIMITATION OF

8 DUTY-FREE TREATMENT.—The President may withdraw, 

9 suspend, or limit the application of the duty-free treat10 ment proclaimed under this title upon consideration of the 

11 factors set forth in section 403 (b) and (c) of this division, 

12 and section 502 (b) and (c) of the Trade Act of 1974 (19 

13 U.S.C. 2462 (b) and (c)). In taking any action to with14 draw, suspend, or limit duty-free treatment with respect 

15 to producers receiving benefits under section 404 or 405 

16 of this division, the President shall consider the informa17 tion described in section 403(d) of this division relating 

18 to verification of the ownership and nature of the activities 

19 of such producers and any other relevant information the 

20 President determines to be appropriate. 

21 (c) NOTICE TO CONGRESS.—The President shall ad22 vise Congress— 

23 (1) of any action the President takes to waive, 

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1 portunity Zones in Afghanistan or Pakistan or en2 terprises receiving benefits under section 404 or 405 

3 of this division; and 

4 (2) if either Afghanistan or Pakistan fails to 

5 adequately take the actions described in section 403 

6 (b) and (c) of this division or section 502 (b) and 

7 (c) of the Trade Act of 1974 (19 U.S.C. 2462 (b) 

8 and (c)). 

9 SEC. 410. TERMINATION OF BENEFITS. 

10 Duty-free treatment provided under this title shall re11 main in effect through September 30, 2024. 

12 SEC. 411. CUSTOMS USER FEES. 

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

14 shall increase the amount of fees charged and collected 

15 under section 13031(a) of the Consolidated Omnibus 

16 Budget Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for 

17 the provision of customs services in connection with im18 ports and travel from Afghanistan and Pakistan as nec19 essary to meet the requirements of subsection (b). 

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

21 in fees charged and collected under the authority of sub22 section (a)— 

23 (1) shall not be less than $12,000,000 for the 

24 period beginning on the date of the enactment of 


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1 this Act and ending at the close of September 30, 

2 2014; and 

3 (2) shall not be less than $105,000,000 for the 

4 period beginning on the date of the enactment of 

5 this Act and ending at the close of September 30, 

6 2019. 

7 (c) RULE OF CONSTRUCTION.—The amount of the 

8 increase in fees charged and collected under the authority 

9 of subsection (a) shall be in addition to the amount of 

10 fees that would otherwise be charged and collected under 

11 section 13031(a) of the Consolidated Omnibus Budget 

12 Reconciliation Act of 1985 (19 U.S.C. 58c(a)) for the pro13 vision of customs services in connection with imports and 

14 travel from Afghanistan and Pakistan. 

15 (d) TERMINATION OF AUTHORITY.—The authority 

16 provided under subsection (a) terminates at the close of 

17 the date on which the aggregate amount of the increase 

18 in fees charged and collected under the authority of sub19 section (a) equals $105,000,000. 

Passed the House of Representatives June 10, 2009. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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