I 

111TH CONGRESS 

1ST SESSION H. R. 2475 

To authorize appropriations for the Department of State for fiscal years 

2010 and 2011, to modernize the Foreign Service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 19, 2009 

Ms. ROS-LEHTINEN introduced the following bill; which was referred to the 

Committee on Foreign Affairs 

A BILL 

To authorize appropriations for the Department of State 

for fiscal years 2010 and 2011, to modernize the Foreign 

Service, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Foreign Relations Au5 thorization and Reform Act, Fiscal Years 2010 and 

6 2011’’. 

7 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Appropriate congressional committees defined. 

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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. Diplomatic security program contracting. 

Subtitle B—Public Diplomacy at the Department of State 

Sec. 211. Special Olympics. 

Sec. 212. Extension of program to provide grants to American-sponsored 

schools in predominantly Muslim countries to provide scholarships. 

Sec. 213. United States-South Pacific Scholarship Program. 

Sec. 214. United States-Caribbean Educational Exchange Program. 

Sec. 215. Exchanges between Liberia and the United States for women legislators. 

Sec. 216. Public diplomacy plan for Haiti. 

Subtitle C—Consular Services and Related Matters 

Sec. 231. Extension of authority to assess passport surcharge. 

Sec. 232. English language and cultural awareness training for approved refugee applicants. 

Sec. 233. Tibet. 

TITLE III—ORGANIZATION AND PERSONNEL AUTHORITIES 

Sec. 301. Transatlantic diplomatic fellowship program. 

Sec. 302. Security officers exchange program. 

Sec. 303. Suspension of foreign service members without pay. 

Sec. 304. Repeal of recertification requirement for Senior Foreign Service. 

Sec. 305. Limited appointments in the Foreign Service. 

Sec. 306. Compensatory time off for travel. 

Sec. 307. Protection of intellectual property rights. 

Sec. 308. Domestic partners as eligible family members. 

TITLE IV—INTERNATIONAL ORGANIZATIONS 

Sec. 401. Statement of policy regarding peacekeeping operations contributions. 

Sec. 402. Enhancing nuclear safeguards. 

Sec. 403. Durban Review Conference funding. 

Sec. 404. Restrictions regarding Iran-led international organizations. 

Sec. 405. United Nations Human Rights Council. 

Sec. 406. United Nations Relief and Works Agency. 

Sec. 407. United Nations Development Program ethics jurisdiction. 

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Sec. 408. Withholding of contributions to United Nations for legal fees of certain officers or employees. 

Sec. 409. Review of activities of international commissions. 

TITLE V—UNITED STATES INTERNATIONAL BROADCASTING 

Sec. 501. Authorization of appropriations for international broadcasting. 

Sec. 502. Personal services contracting program. 

Sec. 503. Employment for international broadcasting. 

Sec. 504. Domestic release of the Voice of America film entitled ‘‘A Fateful 

Harvest’’. 

Sec. 505. Establishing permanent authority for Radio Free Asia. 

TITLE VI—UNITED NATIONS TRANSPARENCY, ACCOUNTABILITY, 

AND REFORM ACT OF 2009 

Sec. 601. Short title. 

Sec. 602. Definitions. 

Subtitle A—Funding of the United Nations 

Sec. 611. Findings. 

Sec. 612. Apportionment of the United Nations regular budget on a voluntary 

basis. 

Sec. 613. Budget justification for United States contributions to the regular 

budget of the United Nations. 

Subtitle B—Transparency and Accountability for United States Contributions 

to the United Nations 

Sec. 621. Findings. 

Sec. 622. Definitions. 

Sec. 623. Establishment and management of the Office of the United States 

Inspector General for contributions to the United Nations System. 

Sec. 624. Transparency for United States contributions. 

Sec. 625. Authorization of appropriations. 

Subtitle C—United States Policy at the United Nations 

Sec. 631. Annual publication. 

Sec. 632. Annual financial disclosure. 

Sec. 633. Policy with respect to expansion of the security council. 

Sec. 634. Access to reports and audits. 

Sec. 635. Waiver of immunity. 

Sec. 636. Terrorism and the United Nations. 

Sec. 637. Report on United Nations reform. 

Sec. 638. Report on United Nations personnel. 

Sec. 639. Withholding of United States contributions to UNRWA. 

Sec. 640. United Nations treaty bodies. 

Sec. 641. Equality at the United Nations. 

Sec. 642. Anti-Semitism and the United Nations. 

Sec. 643. Regional group inclusion of Israel. 

Subtitle D—United Nations Human Rights Council 

Sec. 651. Findings. 

Sec. 652. Human Rights Council membership and funding. 

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Subtitle E—International Atomic Energy Agency 

Sec. 661. International Atomic Energy Agency. 

Sec. 662. Sense of Congress regarding the Nuclear Security Action Plan of the 

IAEA. 

Subtitle F—Peacekeeping 

Sec. 671. Reform of United Nations peacekeeping operations. 

Sec. 672. Policy relating to reform of United Nations peacekeeping operations. 

Sec. 673. Certification. 

TITLE VII—WESTERN HEMISPHERE COUNTERTERRORISM AND 

NONPROLIFERATION ACT OF 2009 

Sec. 701. Short title; definitions. 

Subtitle A—Counterterrorism in the Western Hemisphere 

Sec. 711. Statement of policy regarding regional efforts to counter terrorism in 

the Western Hemisphere. 

Sec. 712. Amendments to annual country reports on terrorism. 

Sec. 713. Amendments to annual determination procedures. 

Sec. 714. Amendment to international narcotics control strategy report. 

Sec. 715. United States efforts in the Western Hemisphere. 

Sec. 716. International Law Enforcement Academy in San Salvador, El Salvador. 

Sec. 717. Actions regarding the Organization of American States. 

Sec. 718. Amendment to Department of State Rewards Program. 

Subtitle B—Nonproliferation of Nuclear, Chemical, and Biological Weapons in 

the Western Hemisphere 

Sec. 721. Statement of policy regarding the proliferation of weapons-related nuclear, chemical, and biological materials, technology, and facilities. 

Sec. 722. Statement of policy regarding the small quantities protocol. 

Sec. 723. Securing adherence to agreements regarding nuclear nonproliferation 

by countries in the Western Hemisphere. 

Sec. 724. Halting the proliferation of nuclear fuel fabrication. 

Sec. 725. Cooperation with the Proliferation Security Initiative. 

Sec. 726. Establishment of the Western Hemisphere Nonproliferation Partnership Initiative. 

Sec. 727. Prohibited transactions. 

Sec. 728. Restrictions on nuclear cooperation with countries assisting the nuclear program of Venezuela or Cuba. 

Subtitle C—Western Hemisphere Regional Coordination Centers 

Sec. 731. Establishment of the Western Hemisphere Regional Coordination 

Centers. 

Sec. 732. Regional Security Initiative. 

Sec. 733. Authorization of appropriations. 

Subtitle D—Prohibitions on Engagement With Certain Western Hemisphere 

Countries 

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Sec. 741. Prohibitions on engagement with certain Western Hemisphere countries. 

Subtitle E—Report 

Sec. 751. Report. 

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. 

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. 

Subtitle C—Miscellaneous Provisions 

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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. Report on United States commitments to the security of Israel. 

Sec. 845. War Reserves Stockpile. 

Sec. 846. Excess defense articles for Central and South European countries 

and certain other countries. 

TITLE IX—ACTIONS TO ENHANCE THE MERIDA INITIATIVE 

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

Merida Initiative. 

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

Sec. 903. CARICOM country defined. 

Sec. 904. Merida Initiative monitoring and evaluation mechanism. 

Sec. 905. Merida Initiative defined. 

TITLE X—REPORTING REQUIREMENTS 

Sec. 1001. Report on United States capacities to prevent genocide and mass 

atrocities. 

Sec. 1002. Reports relating to programs to encourage good governance. 

Sec. 1003. Reports on Hong Kong. 

Sec. 1004. Democracy in Georgia. 

Sec. 1005. Diplomatic relations with Israel. 

Sec. 1006. Police training report. 

Sec. 1007. Review of security assistance for Egypt. 

Sec. 1008. Review of security assistance for Yemen. 

Sec. 1009. Review of security assistance for the Government of Lebanon. 

Sec. 1010. Report on activities in Haiti. 

TITLE XI—MISCELLANEOUS PROVISIONS 

Sec. 1101. Assistance to support measures for the reunification of Cyprus. 

Sec. 1102. Limitation on assistance to the Former Yugoslav Republic of Macedonia. 

Sec. 1103. Statement of policy regarding the Ecumenical Patriarchate. 

Sec. 1104. Freedom of the press. 

Sec. 1105. Information for Country Commercial Guides on business and investment climates. 

Sec. 1106. International Protecting Girls by Preventing Child Marriage. 

Sec. 1107. Program to improve building construction and practices in Haiti. 

Sec. 1108. Limitation on assistance to the Palestinian Authority. 

Sec. 1109. Jordan civilian nuclear cooperation agreement. 

Sec. 1110. United States contributions to the International Trust Fund for 

Demining and Mine Victims Assistance. 

Sec. 1111. Transfer of liquidated assets of certain Enterprise Funds to legacy 

institutions. 

Sec. 1112. Sense of Congress on restrictions on religious freedom in Vietnam. 

Sec. 1113. Sense of Congress on Holocaust-era property restitution and compensation. 

TITLE XII—ISRAEL 

Sec. 1201. Foreign Military Financing for Israel. 

Sec. 1202. Support to Israel for missile defense. 

Sec. 1203. United States-Israel civilian nuclear cooperation agreement. 

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Sec. 1204. United States support for Israel in the Organization for Economic 

Cooperation and Development. 

Sec. 1205. Recognition of Jerusalem as the capital of the state of Israel and 

relocation of the United States Embassy to Jerusalem. 

TITLE XIII—IRAN REFINED PETROLEUM SANCTIONS 

Sec. 1301. Short title. 

Sec. 1302. Amendments to the Iran Sanctions Act of 1996. 

TITLE XIV—LIMITATION ON NUCLEAR COOPERATION WITH THE 

UNITED ARAB EMIRATES 

Sec. 1401. Short title. 

Sec. 1402. Definitions. 

Sec. 1403. Restriction on nuclear cooperation with the United Arab Emirates. 

TITLE XV—HOLOCAUST INSURANCE ACCOUNTABILITY 

Sec. 1601. Short title. 

Sec. 1602. Validity of State laws. 

Sec. 1603. Applicability. 

Sec. 1604. Definitions. 

TITLE XVI—BELARUS ARMS TRANSFERS ACCOUNTABILITY 

Sec. 1701. Short title. 

Sec. 1702. Sense of Congress. 

Sec. 1703. Report. 

Sec. 1704. State sponsor of terrorism defined. 

TITLE XVII—ASIA-PACIFIC ECONOMIC COOPERATION FORUM 

ENGAGEMENT 

Sec. 1801. Asia-Pacific Economic Cooperation. 

1 SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DE2 FINED. 

3 Except as otherwise provided in this Act, the term 

4 ‘‘appropriate congressional committees’’ means the Com5 mittee on Foreign Affairs of the House of Representatives 

6 and the Committee on Foreign Relations of the Senate. 

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1 TITLE I—AUTHORIZATION OF 

2 APPROPRIATIONS 

3 SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS. 

4 The following amounts are authorized to be appro5 priated for the Department of State under ‘‘Administra6 tion of Foreign Affairs’’ to carry out the authorities, func7 tions, duties, and responsibilities in the conduct of foreign 

8 affairs of the United States, and for other purposes au9 thorized by law: 

10 (1) DIPLOMATIC AND CONSULAR PROGRAMS.— 

11 (A) AUTHORIZATION OF APPROPRIA12 TIONS.—For ‘‘Diplomatic and Consular Pro13 grams’’ $5,543,957,600 for fiscal year 2010, 

14 and such sums as may be necessary for fiscal 

15 year 2011. 

16 (B) WORLDWIDE SECURITY PROTEC17 TION.—In addition to the amounts authorized 

18 to be appropriated by subparagraph (A), 

19 $1,361,978,171 for fiscal year 2010, and such 

20 sums as may be necessary for fiscal year 2011 

21 are authorized to be appropriated for worldwide 

22 security protection. 

23 (C) PUBLIC DIPLOMACY.—Of the amounts 

24 authorized to be appropriated under subpara25 graph (A), such sums as may be necessary for 

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1 each of fiscal years 2010 and 2011 are author2 ized to be appropriated for pubic diplomacy. 

3 (D) BUREAU OF DEMOCRACY, HUMAN

4 RIGHTS, AND LABOR.—Of the amounts author5 ized to be appropriated under subparagraph 

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

7 sums as may be necessary for fiscal year 2011 

8 are authorized to be appropriated for the Bu9 reau of Democracy, Human Rights, and Labor. 

10 (2) CAPITAL INVESTMENT FUND.—For ‘‘Cap11 ital Investment Fund’’, $73,627,000 for fiscal year 

12 2010, and such sums as may be necessary for fiscal 

13 year 2011. 

14 (3) EMBASSY SECURITY, CONSTRUCTION AND

15 MAINTENANCE.—For ‘‘Embassy Security, Construc16 tion and Maintenance’’, $1,815,050,000 for fiscal 

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

18 fiscal year 2011. 

19 (4) EDUCATIONAL AND CULTURAL EXCHANGE

20 PROGRAMS.— 

21 (A) AUTHORIZATION OF APPROPRIA22 TIONS.—For ‘‘Educational and Cultural Ex23 change Programs’’, $557,906,000 for fiscal 

24 year 2010, and such sums as may be necessary 

25 for fiscal year 2011. 

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1 (B) TIBETAN SCHOLARSHIP PROGRAM.— 

2 Of the amounts authorized to be appropriated 

3 under subsection (a), such sums as may be nec4 essary for each of fiscal years 2010 and 2011 

5 are authorized to be appropriated to carry out 

6 the Tibetan scholarship program established 

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

8 Refugee, and Other Foreign Relations Provi9 sions Act of 1996 (Public Law 104–319; 22 

10 U.S.C. 2151 note). 

11 (C) NGAWANG CHOEPEL EXCHANGE PRO12 GRAMS.—Of the amounts authorized to be ap13 propriated under subsection (a), such sums as 

14 may be necessary for each of fiscal years 2010 

15 and 2011 are authorized to be appropriated for 

16 the ‘‘Ngawang Choepel Exchange Programs’’ 

17 (formerly known as ‘‘programs of educational 

18 and cultural exchange between the United 

19 States and the people of Tibet’’) under section 

20 103(a) of the Human Rights, Refugee, and 

21 Other Foreign Relations Provisions Act of 1996 

22 (Public Law 104–319; 22 U.S.C. 2151 note). 

23 (5) CIVILIAN STABILIZATION INITIATIVE.—For 

24 ‘‘Civilian Stabilization Initiative’’, $46,665,000 for 

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1 fiscal year 2010, and such sums as may be nec2 essary for fiscal year 2011. 

3 (6) REPRESENTATION ALLOWANCES.—For 

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

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

6 fiscal year 2011. 

7 (7) PROTECTION OF FOREIGN MISSIONS AND

8 OFFICIALS.— 

9 (A) AUTHORIZATION OF APPROPRIA10 TIONS.—For ‘‘Protection of Foreign Missions 

11 and Officials’’, $23,658,118 for fiscal year 

12 2010, and such sums as may be necessary for 

13 fiscal year 2011. 

14 (B) REIMBURSEMENT FOR PAST EX15 PENSES OWED BY THE UNITED STATES.—In 

16 addition to the amounts authorized to be appro17 priated under subparagraph (A), there are au18 thorized to be appropriated such sums as may 

19 be necessary for each of fiscal years 2010 and 

20 2011 for ‘‘Protection of Foreign Missions and 

21 Officials’’ to be used to reimburse State and 

22 local governments for necessary expenses in23 curred since 1998 for the protection of foreign 

24 missions and officials and recognized by the 

25 United States. 

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1 (8) EMERGENCIES IN THE DIPLOMATIC AND

2 CONSULAR SERVICE.—For ‘‘Emergencies in the Dip3 lomatic and Consular Service’’, $9,333,000 for fiscal 

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

5 fiscal year 2011. 

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

7 Loans’’, $1,403,061 for fiscal year 2010, and such 

8 sums as may be necessary for fiscal year 2011. 

9 (10) PAYMENT TO THE AMERICAN INSTITUTE

10 IN TAIWAN.—For ‘‘Payment to the American Insti11 tute in Taiwan’’, $17,463,080 for fiscal year 2010, 

12 and such sums as may be necessary for fiscal year 

13 2011. 

14 (11) OFFICE OF THE INSPECTOR GENERAL.— 

15 (A) AUTHORIZATION OF APPROPRIA16 TIONS.—For ‘‘Office of the Inspector General’’, 

17 $101,201,000 for fiscal year 2010, and such 

18 sums as may be necessary for fiscal year 2011. 

19 (B) SPECIAL INSPECTOR GENERAL FOR

20 IRAQ RECONSTRUCTION.—Of the amounts au21 thorized to be appropriated under subparagraph 

22 (A), such sums as may be necessary authorized 

23 to be for the Special Inspector General for Iraq 

24 Reconstruction. 

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1 (C) SPECIAL INSPECTOR GENERAL FOR

2 AFGHANISTAN RECONSTRUCTION.—Of the 

3 amounts authorized to be appropriated under 

4 subparagraph (A), such sums as may be nec5 essary authorized to be for the Special Inspec6 tor General for Afghanistan Reconstruction. 

7 SEC. 102. INTERNATIONAL ORGANIZATIONS. 

8 (a) ASSESSED CONTRIBUTIONS TO INTERNATIONAL

9 ORGANIZATIONS.—There are authorized to be appro10 priated for ‘‘Contributions to International Organiza11 tions’’, $1,604,400,000 for fiscal year 2010, and such 

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

13 Department of State to carry out the authorities, func14 tions, duties, and responsibilities in the conduct of the for15 eign affairs of the United States with respect to inter16 national organizations and to carry out other authorities 

17 in law consistent with such purposes. 

18 (b) CONTRIBUTIONS FOR INTERNATIONAL PEACE19 KEEPING ACTIVITIES.—There are authorized to be appro20 priated for ‘‘Contributions for International Peacekeeping 

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

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

23 Department of State to carry out the authorities, func24 tions, duties, and responsibilities of the United States with 

25 respect to international peacekeeping activities and to 

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1 carry out other authorities in law consistent with such 

2 purposes. 

3 (c) FOREIGN CURRENCY EXCHANGE RATES.—In ad4 dition to amounts authorized to be appropriated by sub5 section (a), there are authorized to be appropriated such 

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

7 and 2011 to offset adverse fluctuations in foreign currency 

8 exchange rates. Amounts appropriated under this sub9 section shall be available for obligation and expenditure 

10 only to the extent that the Director of the Office of Man11 agement and Budget determines and certifies to Congress 

12 that such amounts are necessary due to such fluctuations. 

13 SEC. 103. INTERNATIONAL COMMISSIONS. 

14 The following amounts are authorized to be appro15 priated under ‘‘International Commissions’’ for the De16 partment of State to carry out the authorities, functions, 

17 duties, and responsibilities in the conduct of the foreign 

18 affairs of the United States and for other purposes author19 ized by law: 

20 (1) INTERNATIONAL BOUNDARY AND WATER

21 COMMISSION, UNITED STATES AND MEXICO.—For 

22 ‘‘International Boundary and Water Commission, 

23 United States and Mexico’’— 

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

25 $32,256,000 for fiscal year 2010, and such 

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1 sums as may be necessary for fiscal year 2011; 

2 and 

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

4 fiscal year 2010, and such sums as may be nec5 essary for fiscal year 2011. 

6 (2) INTERNATIONAL BOUNDARY COMMISSION, 

7 UNITED STATES AND CANADA.—For ‘‘International 

8 Boundary Commission, United States and Canada’’, 

9 $1,970,000 for fiscal year 2010, and such sums as 

10 may be necessary for fiscal year 2011. 

11 (3) INTERNATIONAL JOINT COMMISSION.—For 

12 ‘‘International Joint Commission’’, $7,559,000 for 

13 fiscal year 2010, and such sums as may be nec14 essary for fiscal year 2011. 

15 (4) INTERNATIONAL FISHERIES COMMIS16 SIONS.—For ‘‘International Fisheries Commissions’’, 

17 $29,925,000 for fiscal year 2010, and such sums as 

18 may be necessary for fiscal year 2011. 

19 SEC. 104. MIGRATION AND REFUGEE ASSISTANCE. 

20 (a) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated for ‘‘Migration and Ref22 ugee Assistance’’ for authorized activities $1,577,500,000 

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

24 for fiscal year 2011. 

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

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

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

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

5 fiscal year 2011 for resettlement of refugees in Israel. 

6 SEC. 105. CENTERS AND FOUNDATIONS. 

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

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

9 activities, $16,592,000 for fiscal year 2010, and such 

10 sums as may be necessary for fiscal year 2011. 

11 (b) NATIONAL ENDOWMENT FOR DEMOCRACY.— 

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

13 Endowment for Democracy’’ for authorized activities, 

14 $115,000,000 for fiscal year 2010, and such sums as may 

15 be necessary for fiscal year 2011. 

16 (c) CENTER FOR CULTURAL AND TECHNICAL INTER17 CHANGE BETWEEN EAST AND WEST.—There are author18 ized to be appropriated for the ‘‘Center for Cultural and 

19 Technical Interchange Between East and West’’ for au20 thorized activities, such sums as may be necessary for each 

21 of fiscal years 2010 and 2011. 

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1 TITLE II—DEPARTMENT OF 

2 STATE AUTHORITIES AND AC3 TIVITIES 

4 Subtitle A—Basic Authorities and 

5 Activities 

6 SEC. 201. INTERNATIONAL LITIGATION FUND. 

7 Section 38(d)(3) of the State Department Basic Au8 thorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended 

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

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

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

12 a decision of an international tribunal, from another agen13 cy of the United States Government, or pursuant to’’. 

14 SEC. 202. ACTUARIAL VALUATIONS. 

15 The Foreign Service Act of 1980 is amended— 

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

17 (A) in the first sentence, by striking ‘‘Sec18 retary of the Treasury’’ and inserting instead 

19 ‘‘Secretary of State’’; and 

20 (B) by amending the second sentence to 

21 read as follows: ‘‘The Secretary of State is au22 thorized to expend from money to the credit of 

23 the Fund such sums as may be necessary to ad24 minister the provisions of this chapter, includ25 ing actuarial advice, but only to the extent and 

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1 in such amounts as are provided in advance in 

2 appropriations acts.’’; 

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

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

5 the second place it appears and inserting ‘‘Secretary 

6 of State’’; 

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

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

9 instead ‘‘Secretary of State’’; and 

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

11 (A) by striking ‘‘Secretary of the Treas12 ury’’ and inserting instead ‘‘Secretary of 

13 State’’; and 

14 (B) by striking ‘‘and shall advise the Sec15 retary of State of’’ and inserting instead ‘‘that 

16 will provide’’. 

17 SEC. 203. SPECIAL AGENTS. 

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

19 the State Department Basic Authorities Act of 1956 (22 

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

21 ‘‘(1) conduct investigations concerning— 

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

23 use; 

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1 ‘‘(B) identity theft or document fraud af2 fecting or relating to the programs, functions, 

3 and authorities of the Department of State; and 

4 ‘‘(C) Federal offenses committed within 

5 the special maritime and territorial jurisdiction 

6 of the United States as defined in paragraph 

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

8 except as that jurisdiction relates to the prem9 ises of United States military missions and re10 lated residences;’’. 

11 (b) RULE OF CONSTRUCTION.—Nothing in para12 graph (1) of such section 37(a) (as amended by subsection 

13 (a) of this section) shall be construed to limit the inves14 tigative authority of any other Federal department or 

15 agency. 

16 SEC. 204. DIPLOMATIC SECURITY PROGRAM CONTRACTING. 

17 Section 136 of the Foreign Relations Authorization 

18 Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is 

19 amended— 

20 (1) in subsection (c)— 

21 (A) in the matter preceding paragraph (1), 

22 by striking ‘‘With respect’’ and inserting ‘‘Ex23 cept as provided in subsection (d), with re24 spect’’; and 

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1 (B) in paragraph (3), by striking ‘‘sub2 section (d)’’ and inserting ‘‘subsection (e)’’; 

3 (2) by redesignating subsections (d), (e), (f), 

4 and (g) as subsections (e), (f), (g), and (h), respec5 tively; 

6 (3) by inserting after subsection (c) the fol7 lowing new subsection: 

8 ‘‘(d) AWARD OF LOCAL GUARD AND PROTECTIVE

9 SERVICE CONTRACTS IN HIGH RISK AREAS.—With re10 spect to local guard contracts for Foreign Service build11 ings located in high risk areas which exceed $250,000 and 

12 were or are entered into after September 1, 2008, the Sec13 retary of State shall— 

14 ‘‘(1) comply with paragraphs (1) through (6) of 

15 subsection (c) in the award of such contracts; 

16 ‘‘(2) in evaluating proposals for such contracts, 

17 award contracts to the firm representing the best 

18 value to the Government in accordance with the best 

19 value tradeoff process described in subpart 15.1 of 

20 the Federal Acquisition Regulation (48 C.F.R. 

21 15.101–1); 

22 ‘‘(3) ensure that in all contracts awarded under 

23 this subsection, contractor personnel providing local 

24 guard or protective services are classified as— 

25 ‘‘(A) employees of the offeror; 

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1 ‘‘(B) if the offeror is a joint venture, as 

2 the employees of one of the persons or parties 

3 constituting the joint venture; or 

4 ‘‘(C) as employees of a subcontractor to 

5 the offeror, and not as independent contractors 

6 to the offeror or any other entity performing 

7 under such contracts.’’; and 

8 (4) in subsection (e), as redesignated by para9 graph (2) of this section— 

10 (A) in paragraph (3), by striking ‘‘and’’ at 

11 the end; 

12 (B) in paragraph (4), by striking the pe13 riod at the end and inserting ‘‘; and’’; and 

14 (C) by adding after paragraph (4) the fol15 lowing new paragraph: 

16 ‘‘(5) the term ‘high risk areas’ means— 

17 ‘‘(A) an area designated as a contingency 

18 operation in accordance with section 101(a)(13) 

19 of title 10, United States Code; or 

20 ‘‘(B) an area determined by the Assistance 

21 Secretary of Diplomatic Security to present an 

22 increased threat of serious damage or harm to 

23 United States diplomatic facilities or per24 sonnel.’’. 

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1 Subtitle B—Public Diplomacy at 

2 the Department of State 

3 SEC. 211. SPECIAL OLYMPICS. 

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

5 (1) Special Olympics International has been 

6 recognized for more than four decades as the world 

7 leader in providing life-changing sports training and 

8 competition experiences for persons with intellectual 

9 disabilities at all levels of severity. 

10 (2) While Special Olympics sports programming 

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

12 are a number of supporting initiatives targeted to 

13 changing attitudes toward people with intellectual 

14 disabilities, developing leaders among the intellectual 

15 disability population, supporting families of people 

16 with these disabilities, improving access to health 

17 services, and enhancing government policies and pro18 grams for people with intellectual disabilities. 

19 (3) Special Olympics has documented the chal20 lenge of ignorance and poor attitudes toward intel21 lectual disability worldwide and its capacity to 

22 change discriminatory attitudes to understanding, 

23 acceptance, and advocacy for people with intellectual 

24 disabilities. It does so through an array of edu25 cational and attitude change activities that affect 

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1 multiple levels of society. These activities have re2 ceived financial support from the Bureau of Edu3 cational and Cultural Affairs (ECA) of the Depart4 ment of State, among other sources. 

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

6 the Special Olympics Sport and Empowerment Act of 

7 2004 (Public Law 108–406) is amended, in the matter 

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

9 and inserting ‘‘Secretary of State, acting through the As10 sistant Secretary of State for Educational and Cultural 

11 Affairs’’. 

12 SEC. 212. EXTENSION OF PROGRAM TO PROVIDE GRANTS 

13 TO AMERICAN-SPONSORED SCHOOLS IN PRE14 DOMINANTLY MUSLIM COUNTRIES TO PRO15 VIDE SCHOLARSHIPS. 

16 Section 7113 of the Intelligence Reform and Ter17 rorism Prevention Act of 2004 (Public Law 108–458; 22 

18 U.S.C. 2452c) is amended— 

19 (1) in subsection (g)— 

20 (A) by striking ‘‘Committee on Inter21 national Relations’’ and inserting ‘‘Committee 

22 on Foreign Affairs’’; and 

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

24 15, 2008’’ and inserting ‘‘June 15, 2010, and 

25 June 15, 2011’’; and 

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

2 2008’’ and inserting ‘‘2010 and 2011’’. 

3 SEC. 213. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP 

4 PROGRAM. 

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

6 (1) The United States-South Pacific Scholar7 ship Program (USSP), authorized by Congress and 

8 funded by the Bureau of Educational and Cultural 

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

10 merit-based scholarship program that ensures that 

11 Pacific Islanders have an opportunity to pursue 

12 higher education in the United States and to obtain 

13 first-hand knowledge of United States institutions. 

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

15 day assume leadership roles in their countries. 

16 (3) As the Chairman of the Subcommittee on 

17 Territories and Insular Affairs, the late Congress18 man Phillip Burton was a voice for Pacific Island 

19 populations. 

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

21 and the elderly. 

22 (5) Congressman Burton was one of the most 

23 brilliant and productive legislators in United States 

24 politics. 

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

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

2 social justice and human dignity for all people. 

3 (b) SENSE OF CONGRESS.—It is the sense of Con4 gress that— 

5 (1) so that future generations will know his 

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

7 leadership and vision of Phillip Burton, especially as 

8 the Chairman of the Subcommittee on Territories 

9 and Insular Affairs, which indirectly impacted 

10 United States foreign policy in the South Pacific re11 gion, should be honored; and 

12 (2) the United States-South Pacific Scholarship 

13 Program should be renamed the Phillip Burton 

14 Scholarship Program for South Pacific Island Stu15 dents. 

16 (c) FUNDING.— 

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

18 to be appropriated pursuant to section 101(4), such 

19 sums as may be necessary are authorized to be ap20 propriated for each of fiscal years 2010 and 2011 to 

21 be made available for the United States-South Pa22 cific Scholarship Program. 

23 (2) NAME.—Scholarships awarded under the 

24 Program shall be referred to as ‘‘Burton Scholarmstockstill on PROD1PC66 with BILLS

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1 ships’’ and recipients of such scholarships shall be 

2 referred to as ‘‘Burton Scholars’’. 

3 SEC. 214. UNITED STATES-CARIBBEAN EDUCATIONAL EX4 CHANGE PROGRAM. 

5 (a) DEFINITIONS.—In this section: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Foreign Affairs and 

10 the Committee on Appropriations of the House 

11 of Representatives; and 

12 (B) the Committee on Foreign Relations 

13 and the Committee on Appropriations of the 

14 Senate. 

15 (2) CARICOM COUNTRY.—The term 

16 ‘‘CARICOM country’’ means a country that has 

17 been a full member country of the Caribbean Com18 munity (CARICOM) for at least five years or the 

19 Dominican Republic, but does not include— 

20 (A) a country having observer or associate 

21 status in CARICOM; 

22 (B) a country the government of which the 

23 Secretary of State has determined, for purposes 

24 of section 6(j) of the Export Administration Act 

25 of 1979 (as continued in effect pursuant to the 

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1 International Emergency Economic Powers 

2 Act), section 40 of the Arms Export Control 

3 Act, section 620A of the Foreign Assistance Act 

4 of 1961, or any other provision of law, is a gov5 ernment that has repeatedly provided support 

6 for acts of international terrorism; or 

7 (C) a country that fails to adhere to 

8 human rights standards pursuant to sections 

9 116 and 502B(2) of the Foreign Assistance Act 

10 of 1961 (22 U.S.C. 2151n and 2304). 

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

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

13 (4) UNITED STATES COOPERATING AGENCY.— 

14 The term ‘‘United States cooperating agency’’ 

15 means— 

16 (A) an institution of higher education (as 

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

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

19 1001(a))), including, to the maximum extent 

20 practicable, a historically Black college or uni21 versity that is a part B institution (as such 

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

23 (20 U.S.C. 1061(2))) or a Hispanic-serving in24 stitution (as such term is defined in section 

25 502(5) of such Act (20 U.S.C. 1101a(5))); 

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1 (B) a higher education association; 

2 (C) a nongovernmental organization incor3 porated in the United States; or 

4 (D) a consortium consisting of two or more 

5 such institutions, associations, or nongovern6 mental organizations. 

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

8 is authorized to establish an educational exchange pro9 gram between the United States and CARICOM countries, 

10 to be known as the ‘‘Shirley A. Chisholm United States11 Caribbean Educational Exchange Program’’, under 

12 which— 

13 (1) secondary school students from CARICOM 

14 countries will— 

15 (A) attend a public or private secondary 

16 school in the United States; and 

17 (B) participate in activities designed to 

18 promote a greater understanding of the values 

19 and culture of the United States; and 

20 (2) undergraduate students, graduate students, 

21 post-graduate students, and scholars from 

22 CARICOM countries will— 

23 (A) attend a public or private college or 

24 university, including a community college, in 

25 the United States; and 

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1 (B) participate in activities designed to 

2 promote a greater understanding of the values 

3 and culture of the United States. 

4 (c) ELEMENTS OF PROGRAM.—The program author5 ized under subsection (b) shall meet the following require6 ments: 

7 (1) The program will offer scholarships to stu8 dents and scholars based on merit and need. It is 

9 the sense of Congress that scholarships should be of10 fered to students and scholars who evidence merit, 

11 achievement, and strong potential for the studies 

12 such students and scholars wish to undertake under 

13 the program and 60 percent of scholarships offered 

14 under the program should be based on financial 

15 need. 

16 (2) The program will seek to achieve gender 

17 equality in granting scholarships under the program. 

18 (3) Fields of study under the program will sup19 port the labor market and development needs of 

20 CARICOM countries, assuring a pool of technical 

21 experts to address such needs. 

22 (4) The program will limit participation to— 

23 (A) one year of study for secondary school 

24 students; 

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1 (B) two years of study for undergraduate 

2 students; and 

3 (C) 12 months of study for graduate stu4 dents, post-graduate students, and scholars. 

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

6 time of participation in the program, but not to ex7 ceed two years, the program will require participants 

8 who are students and scholars described in sub9 section (a)(2) to— 

10 (A) agree to return to live in a CARICOM 

11 country and maintain residence in such coun12 try, within six months of completion of aca13 demic studies; or 

14 (B) agree to obtain employment that di15 rectly benefits the growth, progress, and devel16 opment of one or more CARICOM countries 

17 and the people of such countries. 

18 (6) The Secretary may waive, shorten the dura19 tion, or otherwise alter the requirements of para20 graph (4) in limited circumstances of hardship, hu21 manitarian needs, for specific educational purposes, 

22 or in furtherance of the national interests of the 

23 United States. 

24 (d) ROLE OF UNITED STATES COOPERATING AGEN25 CIES.—The Secretary shall consult with United States comstockstill on PROD1PC66 with BILLS

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1 operating agencies in developing the program authorized 

2 under subsection (b). The Secretary is authorized to pro3 vide grants to United States cooperating agencies in car4 rying out the program authorized under subsection (b). 

5 (e) MONITORING AND EVALUATION OF PROGRAM.— 

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

7 and evaluate the effectiveness and efficiency of the 

8 program authorized under subsection (b). In so 

9 doing, the Secretary shall, among other things, 

10 evaluate the program’s positive or negative effects 

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

12 countries and suggest ways in which the program 

13 may be improved to promote the basic goal of alle14 viating brain drain from the participating 

15 CARICOM countries. 

16 (2) REQUIREMENTS.—In carrying out para17 graph (1), the Secretary shall review on a regular 

18 basis— 

19 (A) financial information relating to the 

20 program; 

21 (B) budget plans for the program; 

22 (C) adjustments to plans established for 

23 the program; 

24 (D) graduation rates of participants in the 

25 program; 

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1 (E) the percentage of participants who are 

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

3 pursue higher education; 

4 (F) the percentage of participants who re5 turn to their home country or another 

6 CARICOM country; 

7 (G) the types of careers pursued by par8 ticipants in the program and the extent to 

9 which such careers are linked to the political, 

10 economic, and social development needs of 

11 CARICOM countries; and 

12 (H) the impact of gender, country of ori13 gin, financial need of students, and other rel14 evant factors on the data collected under sub15 paragraphs (D) through (G). 

16 (f) REPORTING REQUIREMENTS.— 

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

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

19 the Secretary of State shall submit to the appro20 priate congressional committees a report on plans to 

21 implement the program authorized under this sec22 tion. 

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

24 required by paragraph (1) shall include— 

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1 (A) a plan for selecting participants in the 

2 program, including an estimate of the number 

3 of secondary school students, undergraduate 

4 students, graduate students, post-graduate stu5 dents, and scholars from each country, by edu6 cational level, who will be selected as partici7 pants in the program for each fiscal year; 

8 (B) a timeline for selecting United States 

9 cooperating agencies that will assist in imple10 menting the program; 

11 (C) a financial plan that— 

12 (i) identifies budget plans for each 

13 educational level under the program; and 

14 (ii) identifies plans or systems to en15 sure that the costs to public school, college, 

16 and university education under the pro17 gram and the costs to private school, col18 lege, and university education under the 

19 program are reasonably allocated; and 

20 (D) a plan to provide outreach to and link21 ages with schools, colleges and universities, and 

22 nongovernmental organizations in both the 

23 United States and CARICOM countries for im24 plementation of the program. 

25 (3) UPDATES OF REPORT.— 

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1 (A) IN GENERAL.—The Secretary shall 

2 submit to the appropriate congressional com3 mittees updates of the report required by para4 graph (1) for each fiscal year for which 

5 amounts are appropriated pursuant to the au6 thorization of appropriations under subsection 

7 (g). 

8 (B) MATTERS TO BE INCLUDED.—Such 

9 updates shall include the following: 

10 (i) Information on United States co11 operating agencies that are selected to as12 sist in implementing the programs author13 ized under this section. 

14 (ii) An analysis of the positive and 

15 negative impacts the program authorized 

16 under this section will have or is having on 

17 ‘‘brain drain’’ from the participating 

18 CARICOM countries. 

19 (g) AUTHORIZATION OF APPROPRIATIONS.—Of the 

20 amounts authorized to be appropriated pursuant to sec21 tion 101(4), there are authorized to be appropriated such 

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

23 and 2011 to carry out this section. 

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1 SEC. 215. EXCHANGES BETWEEN LIBERIA AND THE UNITED 

2 STATES FOR WOMEN LEGISLATORS. 

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

4 provide financial assistance to— 

5 (1) establish an exchange program for Liberian 

6 women legislators and women staff members of the 

7 Liberian Congress; 

8 (2) expand Liberian participation in exchange 

9 programs of the Department of State; and 

10 (3) promote the advancement of women in the 

11 field of politics, with the aim of eventually reducing 

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

13 Liberia. 

14 (b) PROGRAM.—The Secretary of State shall estab15 lish an exchange program in cooperation with the Wom16 en’s Legislative Caucus in Liberia to provide scholarships 

17 to fund exchanges to enable Liberian women legislators 

18 and exceptional women Liberian Congressional staffers to 

19 encourage more women to participate in, and continue to 

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

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

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

23 or partial support of living expenses in the United States 

24 for a participant in the exchange program established 

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

26 and within the United States. 

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1 SEC. 216. PUBLIC DIPLOMACY PLAN FOR HAITI. 

2 The Secretary of State shall develop a public diplo3 macy plan to be implemented in the event that Temporary 

4 Protected Status (TPS) is extended to Haitian nationals 

5 in the United States to effectively inform Haitians living 

6 in Haiti that— 

7 (1) TPS only permits people already in the 

8 United States as of a specifically designated date to 

9 remain in the United States; 

10 (2) there are extraordinary dangers of travel by 

11 sea to the United States in unsafe, overcrowded ves12 sels; 

13 (3) any Haitian interdicted at sea traveling to 

14 the United States will be repatriated to Haiti; and 

15 (4) the United States will continue its large as16 sistance program to help the people of Haiti recover 

17 from recent hurricanes, restore stability, and pro18 mote economic growth. 

19 Subtitle C—Consular Services and 

20 Related Matters 

21 SEC. 231. EXTENSION OF AUTHORITY TO ASSESS PASSPORT 

22 SURCHARGE. 

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

24 U.S.C. 214), is amended in subsection (b)(2) by striking 

25 ‘‘2010’’ and inserting ‘‘2015’’. 

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1 SEC. 232. ENGLISH LANGUAGE AND CULTURAL AWARENESS 

2 TRAINING FOR APPROVED REFUGEE APPLI3 CANTS. 

4 (a) IN GENERAL.—The Secretary of State should es5 tablish formal training programs in five overseas refugee 

6 processing regions to provide English as a second lan7 guage, cultural orientation, and work orientation training 

8 for refugees who have been approved for admission to the 

9 United States before their departure for the United 

10 States. 

11 (b) DESIGN AND IMPLEMENTATION.—In designing 

12 and implementing the training programs referred to in 

13 subsection (a), the Secretary should ensure that non14 governmental organizations with direct ties to the United 

15 States refugee resettlement program are utilized in such 

16 training programs. 

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

18 should ensure that such training programs occur within 

19 current processing times and do not unduly delay the de20 parture for the United States of refugees who have been 

21 approved for admission to the United States. 

22 (d) TIMELINE FOR IMPLEMENTATION AND REPORT

23 TO CONGRESS.— 

24 (1) TIMELINE FOR IMPLEMENTATION.—It is 

25 the sense of Congress that not later than one year 

26 after the date of the enactment of this Act, such 

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1 training programs should be operating in at least 

2 one overseas refugee processing region, and not later 

3 than two years after the date of the enactment of 

4 this Act, such training programs should be operating 

5 in each of the five overseas refugee processing re6 gions. 

7 (2) REPORT TO CONGRESS.—Not later than 18 

8 months after the date of the enactment of this Act, 

9 the Secretary shall submit to the appropriate con10 gressional committees a report on the implementa11 tion of this section. 

12 (e) 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. 233. TIBET. 

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

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

19 U.S.C. 6901 note) is amended— 

20 (1) in paragraph (1), by inserting before the pe21 riod at the end the following: ‘‘and should coordinate 

22 with other governments in multilateral efforts to23 ward this goal’’; 

24 (2) by redesignating paragraph (2) as para25 graph (3); and 

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1 (3) by inserting after paragraph (1) the fol2 lowing new paragraph: 

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

4 shall direct the National Security Council to ensure 

5 that, in accordance with this Act, United States pol6 icy on Tibet is coordinated and communicated with 

7 all Executive Branch agencies in contact with the 

8 Government of China.’’. 

9 (b) BILATERAL ASSISTANCE.—Section 616 of the Ti10 betan Policy Act of 2002 is amended— 

11 (1) by redesignating subsection (d) as sub12 section (e); and 

13 (2) by inserting after subsection (c) the fol14 lowing new subsection: 

15 ‘‘(d) UNITED STATES ASSISTANCE.—The President 

16 shall provide grants to nongovernmental organizations to 

17 support sustainable economic development, cultural and 

18 historical preservation, health care, education, and envi19 ronmental sustainability projects for Tibetan communities 

20 in the Tibet Autonomous Region and in other Tibetan 

21 communities in China, in accordance with the principles 

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

23 approval of the Special Coordinator for Tibetan Issues 

24 under section 621(d).’’. 

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1 (c) SPECIAL COORDINATOR FOR TIBETAN ISSUES.— 

2 Section 621 of the Tibetan Policy Act of 2002 is amend3 ed— 

4 (1) in subsection (d)— 

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

6 the end; 

7 (B) by redesignating paragraph (6) as 

8 paragraph (7); and 

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

10 following new paragraph: 

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

12 pursuant to section 616(d);’’. 

13 (2) by adding at the end the following new sub14 section: 

15 ‘‘(e) PERSONNEL.—The Secretary shall assign dedi16 cated personnel to the Office of the Special Coordinator 

17 for Tibetan Issues sufficient to assist in the management 

18 of the responsibilities of this section and section 

19 616(d)(2).’’. 

20 (d) DIPLOMATIC REPRESENTATION RELATING TO

21 TIBET.— 

22 (1) UNITED STATES EMBASSY IN BEIJING.— 

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

24 is authorized to establish a Tibet Section within 

25 the United States Embassy in Beijing, People’s 

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1 Republic of China, for the purposes of following 

2 political, economic, and social developments in3 side Tibet, including Tibetan areas of Qinghai, 

4 Sichuan, Gansu, and Yunnan provinces, until 

5 such time as a United States consulate in Tibet 

6 is established. Such Tibet Section shall have the 

7 primary responsibility for reporting on human 

8 rights issues in Tibet and shall work in close 

9 cooperation with the Office of the Special Coor10 dinator for Tibetan Issues. The chief of such 

11 Tibet Section should be of senior rank. 

12 (B) AUTHORIZATION OF APPROPRIA13 TIONS.—Of the amounts authorized to be ap14 propriated under section 101(a), there are au15 thorized to be appropriated such sums as may 

16 be necessary for each of fiscal years 2010 and 

17 2011 to carry out this paragraph. 

18 (2) IN TIBET.—Section 618 of the Tibetan Pol19 icy Act of 2002 is amended to read as follows: 

20 ‘‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CON21 SULATE IN LHASA, TIBET. 

22 ‘‘The Secretary shall seek to establish a United 

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

24 United States citizens traveling to Tibet and to monitor 

25 political, economic, and cultural developments in Tibet, inmstockstill on PROD1PC66 with BILLS

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1 cluding Tibetan areas of Qinghai, Sichuan, Gansu, and 

2 Yunnan provinces.’’. 

3 (e) RELIGIOUS PERSECUTION IN TIBET.—Section 

4 620(b) of the Tibetan Policy Act of 2002 is amended by 

5 adding before the period at the end the following: ‘‘, in6 cluding the reincarnation system of Tibetan Buddhism’’. 

7 TITLE III—ORGANIZATION AND 

8 PERSONNEL AUTHORITIES 

9 SEC. 301. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PRO10 GRAM. 

11 (a) FELLOWSHIP AUTHORIZED.—Chapter 5 of title 

12 I of the Foreign Service Act of 1980 (22 U.S.C. 3981 

13 et seq.) is amended by adding at the end the following 

14 new section: 

15 ‘‘SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP 

16 PROGRAM. 

17 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

18 establish the Transatlantic Diplomatic Fellowship Pro19 gram. Under the program, the Secretary may assign a 

20 member of the Service, for not more than one year, to 

21 a position with any designated country or designated enti22 ty that permits an employee to be assigned to a position 

23 with the Department. 

24 ‘‘(b) SALARY AND BENEFITS.—The salary and bene25 fits of a member of the Service shall be paid as described 

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1 in subsection (b) of section 503 during a period in which 

2 such member is participating in the Transatlantic Diplo3 matic Fellowship Program. The salary and benefits of an 

4 employee of a designated country or designated entity par5 ticipating in such program shall be paid by such country 

6 or entity during the period in which such employee is par7 ticipating in the program. 

8 ‘‘(c) DEFINITIONS.—In this section: 

9 ‘‘(1) The term ‘designated country’ means a 

10 member country of— 

11 ‘‘(A) the North Atlantic Treaty Organiza12 tion; or 

13 ‘‘(B) the European Union. 

14 ‘‘(2) The term ‘designated entity’ means— 

15 ‘‘(A) the North Atlantic Treaty Organiza16 tion; or 

17 ‘‘(B) the European Union. 

18 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec19 tion shall be construed to— 

20 ‘‘(1) authorize the appointment as an officer or 

21 employee of the United States of— 

22 ‘‘(A) an individual whose allegiance is to 

23 any country, government, or foreign or inter24 national entity other than to the United States; 

25 or 

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1 ‘‘(B) an individual who has not met the re2 quirements of sections 3331, 3332, 3333, and 

3 7311 of title 5, United States Code, and any 

4 other provision of law concerning eligibility for 

5 appointment as, and continuation of employ6 ment as, an officer or employee of the United 

7 States; or 

8 ‘‘(2) authorize the Secretary to assign a mem9 ber of the Service to a position with any foreign 

10 country whose laws, or foreign or international enti11 ty whose rules, require such member to give alle12 giance or loyalty to such country or entity while as13 signed to such position.’’. 

14 (b) TECHNICAL AND CONFORMING AMENDMENTS.— 

15 The Foreign Service Act of 1980 is amended— 

16 (1) in section 503 (22 U.S.C. 3983)— 

17 (A) in the section heading, by striking 

18 ‘‘AND’’ and inserting ‘‘FOREIGN GOVERN19 MENTS, OR’’; and 

20 (B) in subsection (a)(1), by inserting be21 fore the semicolon at the end the following: ‘‘, 

22 or with a foreign government under sections 

23 506 or 507’’; and 

24 (2) in section 2, in the table of contents— 

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1 (A) by striking the item relating to section 

2 503 and inserting the following new item: 

‘‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’’; 

3 and 

4 (B) by adding after the item relating to 

5 section 505 the following new item: 

‘‘Sec. 506. Transatlantic diplomatic fellowship program.’’. 

6 SEC. 302. SECURITY OFFICERS EXCHANGE PROGRAM. 

7 (a) IN GENERAL.—Chapter 5 of title I of the Foreign 

8 Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended 

9 by adding after section 506 (as added by section 311 of 

10 this Act) the following new section: 

11 ‘‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM. 

12 ‘‘(a) IN GENERAL.—The Secretary is authorized to 

13 establish the Security Officers Exchange Program. Under 

14 the program, the Secretary may assign a member of the 

15 Service, for not more than a total of three years, to a posi16 tion with any country or international organization des17 ignated by the Secretary pursuant to subsection (c) that 

18 permits an employee to be assigned to a position with the 

19 Department. 

20 ‘‘(b) SALARY AND BENEFITS.—The salary and bene21 fits of the members of the Service shall be paid as de22 scribed in subsection (b) of section 503 during a period 

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1 cers Exchange Program. The salary and benefits of an em2 ployee of a designated country or international organiza3 tion participating in such program shall be paid by such 

4 country or international organization during the period in 

5 which such employee is participating in the program. 

6 ‘‘(c) DESIGNATION.—The Secretary may designate a 

7 country or international organization to participate in this 

8 program if the Secretary determines that such participa9 tion is in the national security interests of the United 

10 States. 

11 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec12 tion shall be construed to— 

13 ‘‘(1) authorize the appointment as an officer or 

14 employee of the United States of— 

15 ‘‘(A) an individual whose allegiance is to 

16 any country, government, or foreign or inter17 national entity other than to the United States; 

18 or 

19 ‘‘(B) an individual who has not met the re20 quirements of sections 3331, 3332, 3333, and 

21 7311 of title 5, United States Code, and any 

22 other provision of law concerning eligibility for 

23 appointment as, and continuation of employ24 ment as, an officer or employee of the United 

25 States; or 

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1 ‘‘(2) authorize the Secretary to assign a mem2 ber of the Service to a position with any foreign 

3 country whose laws, or foreign or international enti4 ty whose rules, require such member to give alle5 giance or loyalty to such country or entity while as6 signed to such position.’’. 

7 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

8 Section 2 of the Foreign Service Act of 1980 is amended, 

9 in the table of contents, by adding after the item relating 

10 to section 506 (as added by section 311(b)(2) of this Act) 

11 the following new item: 

‘‘Sec. 507. Security officers exchange program.’’. 

12 SEC. 303. SUSPENSION OF FOREIGN SERVICE MEMBERS 

13 WITHOUT PAY. 

14 (a) SUSPENSION.—Section 610 of the Foreign Serv15 ice Act of 1980 (22 U.S.C. 4010) is amended by adding 

16 at the end the following new subsection: 

17 ‘‘(c)(1) In order to promote the efficiency of the Serv18 ice, the Secretary may suspend a member of the Foreign 

19 Service without pay when the member’s security clearance 

20 is suspended or when there is reasonable cause to believe 

21 that the member has committed a crime for which a sen22 tence of imprisonment may be imposed. 

23 ‘‘(2) Any member of the Foreign Service for whom 

24 a suspension is proposed shall be entitled to— 

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1 ‘‘(A) written notice stating the specific reasons 

2 for the proposed suspension; 

3 ‘‘(B) a reasonable time to respond orally and in 

4 writing to the proposed suspension; 

5 ‘‘(C) representation by an attorney or other 

6 representative; and 

7 ‘‘(D) a final written decision, including the spe8 cific reasons for such decision, as soon as prac9 ticable. 

10 ‘‘(3) Any member suspended under this section may 

11 file a grievance in accordance with the procedures applica12 ble to grievances under chapter 11 of this title. 

13 ‘‘(4) In the case of a grievance filed under paragraph 

14 (3)— 

15 ‘‘(A) the review by the Foreign Service Griev16 ance Board shall be limited to a determination of 

17 whether the provisions of paragraphs (1) and (2) 

18 have been fulfilled; and 

19 ‘‘(B) the Foreign Service Grievance Board may 

20 not exercise the authority provided under section 

21 1106(8). 

22 ‘‘(5) In this subsection: 

23 ‘‘(A) The term ‘reasonable time’ means— 

24 ‘‘(i) with respect to a member of the For25 eign Service assigned to duty in the United 

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1 States, 15 days after receiving notice of the 

2 proposed suspension; and 

3 ‘‘(ii) with respect to a member of the For4 eign Service assigned to duty outside the 

5 United States, 30 days after receiving notice of 

6 the proposed suspension. 

7 ‘‘(B) The term ‘suspend’ or ‘suspension’ means 

8 the placing of a member of the Foreign Service in 

9 a temporary status without duties and pay.’’. 

10 (b) CONFORMING AND CLERICAL AMENDMENTS.— 

11 (1) AMENDMENT OF SECTION HEADING.—Such 

12 section, as amended by subsection (a) of this section, 

13 is further amended, in the section heading, by in14 serting ‘‘; SUSPENSION’’ before the period at the 

15 end. 

16 (2) CLERICAL AMENDMENT.—The item relating 

17 to such section in the table of contents in section 2 

18 of such Act is amended to read as follows: 

‘‘Sec. 610. Separation for cause; suspension.’’. 

19 SEC. 304. REPEAL OF RECERTIFICATION REQUIREMENT 

20 FOR SENIOR FOREIGN SERVICE. 

21 Section 305(d) of the Foreign Service Act of 1980 

22 (22 U.S.C. 3945(d)) is hereby repealed. 

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1 SEC. 305. LIMITED APPOINTMENTS IN THE FOREIGN SERV2 ICE. 

3 Section 309 of the Foreign Service Act of 1980 (22 

4 U.S.C. 3949), is amended— 

5 (1) in subsection (a), by striking ‘‘subsection 

6 (b)’’ and inserting ‘‘subsections (b) or (c)’’; 

7 (2) in subsection (b)— 

8 (A) in paragraph (3)— 

9 (i) by inserting ‘‘(A),’’ after ‘‘if’’; and 

10 (ii) by inserting before the semicolon 

11 at the end the following: ‘‘, or (B), the ca12 reer candidate is serving in the uniformed 

13 services, as defined by the Uniformed Serv14 ices Employment and Reemployment 

15 Rights Act of 1994 (38 U.S.C. 4301 et 

16 seq.), and the limited appointment expires 

17 in the course of such service’’; 

18 (B) in paragraph (4), by striking ‘‘and’’ at 

19 the end; 

20 (C) in paragraph (5), by striking the pe21 riod at the end and inserting ‘‘; and’’; and 

22 (D) by adding after paragraph (5) the fol23 lowing new paragraph: 

24 ‘‘(6) in exceptional circumstances where the 

25 Secretary determines the needs of the Service re26 quire the extension of a limited appointment (A), for 

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1 a period of time not to exceed 12 months (provided 

2 such period of time does not permit additional re3 view by the boards under section 306), or (B), for 

4 the minimum time needed to settle a grievance, 

5 claim, or complaint not otherwise provided for in 

6 this section.’’; and 

7 (3) by adding at the end the following new sub8 section: 

9 ‘‘(c) Non-career Foreign Service employees who have 

10 served five consecutive years under a limited appointment 

11 may be reappointed to a subsequent limited appointment 

12 provided there is a one year break in service between each 

13 appointment. The Secretary may in cases of special need 

14 waive the requirement for a one year break in service.’’. 

15 SEC. 306. COMPENSATORY TIME OFF FOR TRAVEL. 

16 Section 5550b of title 5, United States Code, is 

17 amended by adding at the end the following new sub18 section: 

19 ‘‘(c) The maximum amount of compensatory time off 

20 earned under this section may not exceed 104 hours dur21 ing any leave year (as defined by regulations established 

22 by the Office of Personnel Management).’’. 

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1 SEC. 307. PROTECTION OF INTELLECTUAL PROPERTY 

2 RIGHTS. 

3 (a) RESOURCES TO PROTECT INTELLECTUAL PROP4 ERTY RIGHTS.—The Secretary of State shall ensure that 

5 the protection in foreign countries of the intellectual prop6 erty rights of United States persons in other countries is 

7 a significant component of United States foreign policy in 

8 general and in relations with individual countries. The 

9 Secretary of State, in consultation with the Director Gen10 eral of the United States and Foreign Commercial Service 

11 and other agencies as appropriate, shall ensure that ade12 quate resources are available at diplomatic missions in any 

13 country that is identified under section 182(a)(1) of the 

14 Trade Act of 1974 (19 U.S.C. 2242(a)(1)) to ensure— 

15 (1) support for enforcement action against vio16 lations of the intellectual property rights of United 

17 States persons in such country; and 

18 (2) cooperation with the host government to re19 form its applicable laws, regulations, practices, and 

20 agencies to enable that government to fulfill its 

21 international and bilateral obligations with respect to 

22 intellectual property rights. 

23 (b) NEW APPOINTMENTS.—The Secretary of State, 

24 in consultation with the Director General of the United 

25 States and Foreign Commercial Service, shall appoint 10 

26 intellectual property attache ́s to serve in United States 

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1 embassies or other diplomatic missions. The 10 appoint2 ments shall be in addition to personnel serving, on the 

3 date of the enactment of this Act, in the capacity of intel4 lectual property attache ́s from any department or agency 

5 of the United States at United States embassies or other 

6 diplomatic missions. 

7 (c) PRIORITY ASSIGNMENTS.— 

8 (1) IN GENERAL.—Subject to paragraph (2), in 

9 designating the embassies or other missions to which 

10 attache ́s are assigned under subsection (b), the Sec11 retary of State shall give priority to those countries 

12 where the activities of an attache ́ may be carried out 

13 with the greatest potential benefit to reducing coun14 terfeit and pirated products in the United States 

15 market, to protecting the intellectual property rights 

16 of United States persons and their licensees, and to 

17 protecting the interests of United States persons 

18 otherwise harmed by violations of intellectual prop19 erty rights in those countries. 

20 (2) ASSIGNMENTS TO PRIORITY COUNTRIES.— 

21 In carrying out paragraph (1), the Secretary of 

22 State shall consider assigning intellectual property 

23 attache ́s— 

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1 (A) to the countries that have been identi2 fied under section 182(a)(1) of the Trade Act 

3 of 1974 (19 U.S.C. 2242(a)(1)); and 

4 (B) to the country where the Organization 

5 for Economic Cooperation and Development has 

6 its headquarters. 

7 (d) DUTIES AND RESPONSIBILITIES OF INTELLEC8 TUAL PROPERTY ATTACHE ́S.—The intellectual property 

9 attache ́s appointed under subsection (b), as well as others 

10 serving as intellectual property attache ́s of any other de11 partment or agency of the United States, shall have the 

12 following responsibilities: 

13 (1) To promote cooperation with foreign gov14 ernments in the enforcement of intellectual property 

15 laws generally, and in the enforcement of laws 

16 against counterfeiting and piracy in particular. 

17 (2) To assist United States persons holding in18 tellectual property rights, and the licensees of such 

19 United States persons, in their efforts to combat 

20 counterfeiting and piracy of their products or works 

21 within the host country, including counterfeit or pi22 rated goods exported from or transshipped through 

23 that country. 

24 (3) To chair an intellectual property protection 

25 task force consisting of representatives from all 

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1 other relevant sections or bureaus of the embassy or 

2 other mission. 

3 (4) To coordinate with representatives of the 

4 embassies or missions of other countries in informa5 tion sharing, private or public communications with 

6 the government of the host country, and other forms 

7 of cooperation for the purpose of improving enforce8 ment against counterfeiting and piracy. 

9 (5) As appropriate and in accordance with ap10 plicable laws and the diplomatic status of the 

11 attache ́s, to engage in public education efforts 

12 against counterfeiting and piracy in the host coun13 try. 

14 (6) To coordinate training and technical assist15 ance programs of the United States Government 

16 within the host country that are aimed at improving 

17 the enforcement of laws against counterfeiting and 

18 piracy. 

19 (7) To identify and promote other means to 

20 more effectively combat counterfeiting and piracy ac21 tivities under the jurisdiction of the host country. 

22 (e) TRAINING.—The Secretary of State shall ensure 

23 that each attache ́ appointed under subsection (b) is fully 

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1 suming duties at the United States embassy or other mis2 sion in question. 

3 (f) COORDINATION.—The activities of intellectual 

4 property attache ́s under this section shall be carried out 

5 in coordination with the United States Intellectual Prop6 erty Enforcement Coordinator appointed under section 

7 301 of the Prioritizing Resources and Organization for In8 tellectual Property Act of 2008 (15 U.S.C. 8111). 

9 (g) REPORT TO CONGRESS.— 

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

11 submit to the Congress, not later than December 31 

12 of each year, a report on the appointment, designa13 tion for assignment, and activities of all intellectual 

14 property attache ́s of any Federal department or 

15 agency who are serving at United States embassies 

16 or other diplomatic missions. 

17 (2) CONTENTS.—Each report under paragraph 

18 (1) shall include the following: 

19 (A) A description of the progress, or lack 

20 thereof, in the preceding year regarding the res21 olution of general and specific intellectual prop22 erty disputes in each country identified under 

23 section 182(a)(1) of the Trade Act of 1974 (19 

24 U.S.C. 2242(a)(1)), including any changes by 

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1 the host government in applicable laws and reg2 ulations and their enforcement. 

3 (B) An assessment of the obstacles pre4 venting the host government of each country 

5 described in subparagraph (A) from imple6 menting adequate measures to fulfill its inter7 national and bilateral obligations with respect 

8 to intellectual property rights. 

9 (C) An assessment of the adequacy of the 

10 resources of the Department of State employed 

11 to carry out subparagraphs (A) and (B) and, if 

12 necessary, an assessment of the need for addi13 tional resources for such purposes. 

14 (h) DEFINITIONS.—In this section: 

15 (1) COUNTERFEITING; COUNTERFEIT GOODS.— 

16 (A) COUNTERFEITING.—The term ‘‘coun17 terfeiting’’ means activities related to produc18 tion of or trafficking in goods, including pack19 aging, that bear a spurious mark or designation 

20 that is identical to or substantially indistin21 guishable from a mark or designation protected 

22 under trademark laws or related legislation. 

23 (B) COUNTERFEIT GOODS.—The term 

24 ‘‘counterfeit goods’’ means those goods de25 scribed in subparagraph (A). 

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1 (2) INTELLECTUAL PROPERTY RIGHTS.—The 

2 term ‘‘intellectual property rights’’ means the rights 

3 of holders of copyrights, patents, trademarks, other 

4 forms of intellectual property, and trade secrets. 

5 (3) PIRACY; PIRATED GOODS.— 

6 (A) PIRACY.—The term ‘‘piracy’’ means 

7 activities related to production of or trafficking 

8 in unauthorized copies or phonorecords of 

9 works protected under copyright law or related 

10 legislation. 

11 (B) PIRATED GOODS.—The term ‘‘pirated 

12 goods’’ means those copies or phonorecords de13 scribed in subparagraph (A). 

14 (4) UNITED STATES PERSON.—The term 

15 ‘‘United States person’’ means— 

16 (A) any United States resident or national, 

17 (B) any corporation, partnership, other 

18 business entity, or other organization, that is 

19 organized under the laws of the United States, 

20 and 

21 (C) any foreign subsidiary or affiliate (in22 cluding any permanent foreign establishment) 

23 of any corporation, partnership, business entity, 

24 or organization described in subparagraph (B), 

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1 that is controlled in fact by such corporation, 

2 partnership, business entity, or organization, 

3 except that such term does not include an individual 

4 who resides outside the United States and is em5 ployed by an individual or entity other than an indi6 vidual or entity described in subparagraph (A), (B), 

7 or (C). 

8 (i) AUTHORIZATION OF APPROPRIATIONS.—Of the 

9 amounts authorized to be appropriated under section 101, 

10 there are authorized to be appropriated for each fiscal year 

11 such sums as may be necessary for the training and sup12 port of the intellectual property attache ́s appointed under 

13 subsection (b) and of other personnel serving as intellec14 tual property attache ́s of any other department or agency 

15 of the United States. 

16 SEC. 308. DOMESTIC PARTNERS AS ELIGIBLE FAMILY MEM17 BERS. 

18 It should be the policy of the United States to amend 

19 or promulgate the personnel regulations necessary to en20 sure that same-sex domestic partners of United States 

21 Foreign Service Officers are provided with the same bene22 fits, protections, and services currently provided to Eligi23 ble Family Members under the Foreign Affairs Manual, 

24 including inclusion in travel orders, and access to training, 

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1 emergency and medical evacuations, post health units, visa 

2 support, and preferential status for employment at post. 

3 TITLE IV—INTERNATIONAL 

4 ORGANIZATIONS 

5 SEC. 401. STATEMENT OF POLICY REGARDING PEACE6 KEEPING OPERATIONS CONTRIBUTIONS. 

7 It remains the policy of the United States, pursuant 

8 to section 404(b)(2)(B) of the Foreign Relations Author9 ization Act, Fiscal Years 1994 and 1995 (Public Law 

10 103–236; 22 U.S.C. 287e note) that United States as11 sessed contributions for a United Nations peacekeeping 

12 operation shall not exceed 25 percent of the total of all 

13 assessed contributions for such operation. 

14 SEC. 402. ENHANCING NUCLEAR SAFEGUARDS. 

15 (a) FINDINGS.—Congress makes the following find16 ings: 

17 (1) The Treaty on the Non-Proliferation of Nu18 clear Weapons, done at Washington, London, and 

19 Moscow July 1, 1968, and entered into force March 

20 5, 1970 (commonly known as the ‘‘Nuclear Non21 Proliferation Treaty’’ or ‘‘NPT’’), and the safe22 guards system of the International Atomic Energy 

23 Agency (IAEA) are indispensable to international 

24 peace and security. 

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1 (2) Congress has long supported efforts aimed 

2 at effective and efficient assurances of nuclear fuel 

3 supply, the strengthening of IAEA safeguards, and 

4 assistance to the developing world for nuclear and 

5 non-nuclear energy sources, as embodied in the Nu6 clear Non-Proliferation Act of 1978 (22 U.S.C. 3201 

7 et seq.). 

8 (3) According to some experts, global energy 

9 demand will grow by 50 percent in the next 20 

10 years, predominantly in the developing world. 

11 (4) The Government Accountability Office 

12 (GAO) stated in testimony before Congress in Sep13 tember 2006 that ‘‘while IAEA is increasingly rely14 ing on the analytical skills of its staff to detect coun15 tries’’ undeclared nuclear activities, the agency is 

16 facing a looming human capital crisis. 

17 (5) The Director General of the IAEA told the 

18 Board of Governors of the IAEA in March 2009 

19 that the ‘‘deteriorating conditions in our labora20 tories, for example, threaten both our ability to de21 liver our programmed, as well as our independent 

22 analytical capability’’. 

23 (6) Considerable investment is needed for the 

24 IAEA’s Safeguards Analytical Laboratory (SAL), to 

25 meet future IAEA requirements as its workload is 

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1 growing, the laboratory’s infrastructure is aging, 

2 and IAEA requirements have become more demand3 ing, and while initial plans have been made for lab4 oratory enhancement and are currently pending 

5 budgetary approval (sometime in 2009), the simple 

6 fact is that, as more countries implement IAEA 

7 safeguards, many more nuclear samples come to 

8 SAL for analysis. 

9 (7) The existing funding, planning, and execu10 tion of IAEA safeguards is not sufficient to meet the 

11 predicted growth in the future of civilian nuclear 

12 power, and therefore any growth in civilian nuclear 

13 power must be evaluated against the challenges it 

14 poses to verification of the assurances of peace and 

15 security provided by the IAEA safeguards system. 

16 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated $10,000,000 for the refur18 bishment or possible replacement of the IAEA’s Safe19 guards Analytical Laboratory. 

20 (c) REPORT.—Not later than 180 days after the date 

21 of the enactment of this Act, the Secretary of State shall 

22 submit to the Committee on Foreign Affairs of the House 

23 of Representatives and the Committee on Foreign Rela24 tions of the Senate a report on the refurbishment or posmstockstill on PROD1PC66 with BILLS

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1 sible replacement of the IAEA’s Safeguards Analytical 

2 Laboratory pursuant to subsection (b). 

3 SEC. 403. DURBAN REVIEW CONFERENCE FUNDING. 

4 None of the funds authorized to be appropriated by 

5 this Act may be used by the Secretary of State as a con6 tribution for any part of the Durban Review Conference 

7 or its preparatory or follow-on activities. 

8 SEC. 404. RESTRICTIONS REGARDING IRAN-LED INTER9 NATIONAL ORGANIZATIONS. 

10 None of the funds authorized to be appropriated by 

11 this Act may be used by the Secretary of State as a con12 tribution for any organization, agency, or program within 

13 the United Nations system in which Iran holds a position 

14 of leadership. 

15 SEC. 405. UNITED NATIONS HUMAN RIGHTS COUNCIL. 

16 None of the funds authorized to be appropriated by 

17 this Act may be used by the Secretary of State as a con18 tribution for the United Nations Human Rights Council. 

19 SEC. 406. UNITED NATIONS RELIEF AND WORKS AGENCY. 

20 None of the funds authorized to be appropriated by 

21 this Act may be used by the Secretary of State as a con22 tribution for the United Nations Relief and Works Agency. 

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1 SEC. 407. UNITED NATIONS DEVELOPMENT PROGRAM ETH2 ICS JURISDICTION. 

3 The Secretary of State shall withhold 10 percent 

4 from the United States voluntary contribution for fiscal 

5 year 2010 to the United Nations Development Program 

6 until the Secretary of State certifies to the Committee on 

7 Foreign Affairs and the Committee on Appropriations of 

8 the House of Representatives and the Committee on For9 eign Relations and the Committee on Appropriations of 

10 the Senate that the United Nations Development Program 

11 has acceded to the jurisdiction of the United Nations Eth12 ics Office. 

13 SEC. 408. WITHHOLDING OF CONTRIBUTIONS TO UNITED 

14 NATIONS FOR LEGAL FEES OF CERTAIN OFFI15 CERS OR EMPLOYEES. 

16 The United States may not contribute to the United 

17 Nations any funds to be used to pay or reimburse legal 

18 expenses incurred by current or former United Nations 

19 officers or employees in connection with proceedings aris20 ing out of alleged malfeasance in connection with the em21 ployment of such officers or employees with the United 

22 Nations. The President shall ensure that no United States 

23 contributions to the United Nations are used for such pur24 poses, including, where necessary, by withholding from 

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1 nial budget of the United Nations amounts equal to any 

2 amounts so paid or reimbursed. 

3 SEC. 409. REVIEW OF ACTIVITIES OF INTERNATIONAL COM4 MISSIONS. 

5 (a) IN GENERAL.—Not later than one year after the 

6 date of the enactment of this Act, and two years there7 after, the Secretary of State shall submit to the appro8 priate congressional committees a report on the activities 

9 of each of the international commissions specified in sec10 tion 103. 

11 (b) REPORT ELEMENTS.—The reports required 

12 under subsection (a) shall include information on the fol13 lowing: 

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 relating 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 REPORTS.—The reports required 

4 under subsection (a) may be combined with the annual 

5 budget justification submitted by the President in accord6 ance with section 1105(a) of title 31, United States Code. 

7 TITLE V—UNITED STATES 

8 INTERNATIONAL BROAD9 CASTING 

10 SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR 

11 INTERNATIONAL BROADCASTING. 

12 The following amounts are authorized to be appro13 priated to carry out United States international broad14 casting activities under the United States Information and 

15 Educational Exchange Act of 1948, the Radio Broad16 casting to Cuba Act, the Television Broadcasting to Cuba 

17 Act, the United States International Broadcasting Act of 

18 1994, and the Foreign Affairs Reform and Restructuring 

19 Act of 1998, and to carry out other authorities in law con20 sistent with such purposes: 

21 (1) For ‘‘International Broadcasting Oper22 ations’’, $730,241,919 for fiscal year 2010 and such 

23 sums as may be necessary for fiscal year 2011. 

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1 (2) For ‘‘Broadcasting Capital Improvements’’, 

2 $11,713,952 for fiscal year 2010 and such sums as 

3 may be necessary for fiscal year 2011. 

4 (3) For ‘‘Broadcasting to Cuba’’, $32,500,000 

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

7 SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM. 

8 Section 504(c) of the Foreign Relations Authoriza9 tion Act, Fiscal Year 2003, (Public Law 107–228; 22 

10 U.S.C. 6206 note), is amended by striking ‘‘2009’’ and 

11 inserting ‘‘2011’’. 

12 SEC. 503. EMPLOYMENT FOR INTERNATIONAL BROAD13 CASTING. 

14 Section 804(1) of the United States Information and 

15 Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) 

16 is amended by inserting after ‘‘suitably qualified United 

17 States citizens’’ the following: ‘‘(for purposes of this para18 graph, the term ‘suitably qualified United States citizens’ 

19 means those United States citizen applicants who are 

20 equally or better qualified than non-United States citizen 

21 applicants)’’. 

22 SEC. 504. DOMESTIC RELEASE OF THE VOICE OF AMERICA 

23 FILM ENTITLED ‘‘A FATEFUL HARVEST’’. 

24 (a) IN GENERAL.—Notwithstanding section 208 of 

25 the Foreign Relations Authorization Act, Fiscal Years 

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1 1986 and 1987 (22 U.S.C. 1461–1a) and section 501(b) 

2 of the United States Information and Educational Ex3 change Act of 1948 (22 U.S.C. 1461(b)), the Director of 

4 the International Broadcasting Bureau shall provide a 

5 master copy of the film entitled ‘‘A Fateful Harvest’’ to 

6 the Archivist of the United States for domestic release in 

7 accordance with subsection (b). 

8 (b) DOMESTIC RELEASE.—Upon evidence that nec9 essary United States rights and licenses have been secured 

10 by the person seeking domestic release of the film referred 

11 to in subsection (a), the Archivist shall— 

12 (1) deposit the film in the National Archives of 

13 the United States; and 

14 (2) make copies of the film available for pur15 chase and public viewing within the United States. 

16 SEC. 505. ESTABLISHING PERMANENT AUTHORITY FOR 

17 RADIO FREE ASIA. 

18 Section 309 of the United States International 

19 Broadcasting Act of 1994 (22 U.S.C. 6208) is amended— 

20 (1) in subsection (c)(2), by striking ‘‘, and shall 

21 further specify that funds to carry out the activities 

22 of Radio Free Asia may not be available after Sep23 tember 30, 2010’’; 

24 (2) by striking subsection (f); and 

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1 (3) by redesignating subsections (g) and (h) as 

2 subsection (f) and (g), respectively. 

3 TITLE VI—UNITED NATIONS 

4 TRANSPARENCY, ACCOUNT5 ABILITY, AND REFORM ACT 

6 OF 2009 

7 SEC. 601. SHORT TITLE. 

8 This title may be cited as the ‘‘United Nations Trans9 parency, Accountability, and Reform Act of 2009’’. 

10 SEC. 602. DEFINITIONS. 

11 In this title : 

12 (1) EMPLOYEE.—The term ‘‘employee’’ means 

13 an individual who is employed in the general serv14 ices, professional staff, or senior management of the 

15 United Nations, including consultants, contractors 

16 and subcontractors. 

17 (2) GENERAL ASSEMBLY.—The term ‘‘General 

18 Assembly’’ means the General Assembly of the 

19 United Nations. 

20 (3) MEMBER STATE.—The term ‘‘Member 

21 State’’ means a Member State of the United Na22 tions. Such term is synonymous with the term 

23 ‘‘country’’. 

24 (4) SECRETARY.—The term ‘‘Secretary’’ means 

25 the Secretary of State. 

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1 (5) SECRETARY GENERAL.—The term ‘‘Sec2 retary General’’ means the Secretary General of the 

3 United Nations. 

4 (6) SECURITY COUNCIL.—The term ‘‘Security 

5 Council’’ means the Security Council of the United 

6 Nations. 

7 (7) UN.—The term ‘‘UN’’ means the United 

8 Nations. 

9 (8) APPROPRIATE CONGRESSIONAL COMMIT10 TEES.—The term ‘‘appropriate congressional com11 mittees’’ means— 

12 (A) the Committees on Foreign Affairs, 

13 Appropriations, and Oversight and Government 

14 Reform of the House; and 

15 (B) the Committees on Foreign Relations, 

16 Appropriations, and Homeland Security and 

17 Governmental Affairs of the Senate. 

18 Subtitle A—Funding of the United 

19 Nations 

20 SEC. 611. FINDINGS. 

21 Congress finds the following: 

22 (1) The United States pays billions of dollars 

23 into the United Nations system every year (over 

24 5,300,000,000 dollars in 2005, according to the 

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1 White House Office of Management and Budget), 

2 significantly more than any other country. 

3 (2) Under current rules and contribution levels, 

4 it is possible to assemble the two-thirds majority 

5 needed for important United Nations budget votes 

6 with a group of countries that, taken together, pay 

7 less than 1 percent of the total United Nations reg8 ular budget. 

9 (3) The disconnect between contribution levels 

10 and management control creates significant perverse 

11 incentives in terms of United Nations spending, 

12 transparency, and accountability. 

13 (4) The United Nations system suffers from 

14 unacceptably high levels of waste, fraud, and abuse, 

15 which seriously impair its ability to fulfill the lofty 

16 ideals of its founding. 

17 (5) Amidst the continuing financial, corruption, 

18 and sexual abuse scandals of the past several years, 

19 American public disapproval of United Nations has 

20 reached all-time highs. A 2008 Gallup poll revealed 

21 that 65 percent of Americans believe that the United 

22 Nations is doing a poor job, a negative assessment 

23 shared by a majority of respondents from both polit24 ical parties. Research polling by another firm in late 

25 2006 found that 71 percent of Americans think that 

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1 the United Nations is ‘‘no longer effective’’ and 

2 needs to be significantly reformed, while 75 percent 

3 think that the United Nations ‘‘needs to be held 

4 more accountable.’’ 

5 (6) Significant improvements in United Nations 

6 transparency and accountability are necessary for 

7 improving public perceptions of and American sup8 port for United Nations operations. 

9 (7) Because of their need to justify future con10 tributions from donors, voluntarily funded organiza11 tions have more incentive to be responsive and effi12 cient in their operations than organizations funded 

13 by compulsory contributions that are not tied to per14 formance. 

15 (8) Article XVII of the Charter of the United 

16 Nations, which states that ‘‘[t]he expenses of the 

17 Organization shall be borne by the Members as ap18 portioned by the General Assembly’’, leaves to the 

19 discretion of the General Assembly the basis of ap20 portionment, which could be done on the basis of 

21 voluntary pledges by Member States. 

22 (9) Unlike United States assessed contributions 

23 to the United Nations regular budget, which are 

24 statutorily capped at 22 percent of the total, there 

25 is no cap on voluntary contributions. 

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1 (10) The United States, which contributes gen2 erously to international organizations whose activi3 ties it recognizes as credible, worthwhile, and effi4 cient, contributes more than 22 percent of the budg5 et of certain voluntarily funded United Nations Spe6 cialized Agencies. 

7 SEC. 612. APPORTIONMENT OF THE UNITED NATIONS REG8 ULAR BUDGET ON A VOLUNTARY BASIS. 

9 (a) UNITED STATES POLICY.— 

10 (1) SHIFTING OF FUNDING.—It is the policy of 

11 the United States to seek to shift the funding mech12 anism for the regular budget of the United Nations 

13 from an assessed to a voluntary basis. 

14 (2) DIRECTION.—The President shall direct the 

15 United States Permanent Representative to the 

16 United Nations to use the voice, vote, and influence 

17 of the United States at the United Nations to shift 

18 the funding mechanism for the regular budget of the 

19 United Nations to a voluntary basis, and to make it 

20 a priority to build support for such a trans21 formational change among Member States, particu22 larly key United Nations donors. 

23 (b) CERTIFICATION OF PREDOMINANTLY VOL24 UNTARY UN REGULAR BUDGET FINDING.—A certifi25 cation described in this section is a certification by the 

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1 Secretary of State to the Appropriate Congressional Com2 mittees that at least 80 percent of the total regular budget 

3 of the United Nations is apportioned on a voluntary basis. 

4 Each such certification shall be shall be effective for a pe5 riod of no more than 1 year, and shall be promptly revoked 

6 by the Secretary, with notice to the Appropriate Congres7 sional Committees, if the underlying circumstances change 

8 so as not to warrant such certification. 

9 (c) WITHHOLDING OF NONVOLUNTARY CONTRIBU10 TIONS.— 

11 (1) IN GENERAL.—Beginning two years after 

12 the effective date of this Act and notwithstanding 

13 any other provision of law, no funds may be obli14 gated or expended for a United States assessed con15 tribution to the regular budget of the United Na16 tions in an amount greater than 50 percent of the 

17 United States share of assessed contributions for the 

18 regular budget of the United Nations unless there is 

19 in effect a certification by the Secretary, as de20 scribed in subsection (b). 

21 (2) RELEASE.—For a period of three years 

22 after appropriation, funds appropriated for use as a 

23 United States contribution to the regular budget of 

24 the United Nations but withheld from obligation and 

25 expenditure pursuant to paragraph (1) may be oblimstockstill on PROD1PC66 with BILLS

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1 gated and expended for that purpose upon the cer2 tification described in subsection (b). After three 

3 years, in the absence of such certification, those 

4 funds shall revert to the United States Treasury. 

5 SEC. 613. BUDGET JUSTIFICATION FOR UNITED STATES 

6 CONTRIBUTIONS TO THE REGULAR BUDGET 

7 OF THE UNITED NATIONS. 

8 (a) DETAILED ITEMIZATION.—The annual congres9 sional budget justification shall include a detailed itemized 

10 request in support of the contribution of the United States 

11 to the regular budget of the United Nations. 

12 (b) CONTENTS OF DETAILED ITEMIZATION.—The 

13 detailed itemization required under subsection (a) shall— 

14 (1) contain information relating to the amounts 

15 requested in support of each of the various sections 

16 and titles of the regular budget of the United Na17 tions; and 

18 (2) compare the amounts requested for the cur19 rent year with the actual or estimated amounts con20 tributed by the United States in previous fiscal years 

21 for the same sections and titles. 

22 (c) ADJUSTMENTS AND NOTIFICATION.—If the 

23 United Nations proposes an adjustment to its regular as24 sessed budget, the Secretary of State shall, at the time 

25 such adjustment is presented to the Advisory Committee 

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1 on Administrative and Budgetary Questions (ACABQ), 

2 notify and consult with the appropriate congressional com3 mittees. 

4 Subtitle B—Transparency and Ac5 countability for United States 

6 Contributions to the United Na7 tions 

8 SEC. 621. FINDINGS. 

9 Congress finds the following: 

10 (1) As underscored by continuing revelations of 

11 waste, fraud, and abuse, oversight and account12 ability mechanisms within the United Nations sys13 tem remain significantly deficient, despite decades of 

14 reform attempts, including those initiated by Secre15 taries General of the United Nations. 

16 (2) Notwithstanding the personal intentions of 

17 any Secretary General of the United Nations to pro18 mote institutional transparency and accountability 

19 within the United Nations System, the Secretary 

20 General lacks the power to impose far reaching man21 agement reforms without the concurrence of the 

22 General Assembly. 

23 (3) Groupings of Member States whose voting 

24 power in the General Assembly significantly out25 paces their proportional contributions to the United 

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1 Nations system have repeatedly and successfully de2 feated, delayed, and diluted various reform proposals 

3 that would have enabled more detailed oversight and 

4 scrutiny of United Nations system operations and 

5 expenditures. 

6 (4) To an unacceptable degree, major donor 

7 states, including the United States, lack access to 

8 reasonably detailed, reliable information that would 

9 allow them to determine how their contributions 

10 have been spent by various United Nations system 

11 entities, further contributing to the lack of account12 ability within the United Nations system. 

13 SEC. 622. DEFINITIONS. 

14 In this title: 

15 (1) UNITED NATIONS ENTITY.—The term 

16 ‘‘United Nations Entity’’ means any United Nations 

17 agency, commission, conference, council, court, de18 partment, forum, fund, institute, office, organiza19 tion, partnership, program, subsidiary body, tri20 bunal, trust, university or academic body, related or21 ganization or subsidiary body, wherever located, that 

22 flies the United Nations flag or is authorized to use 

23 the United Nations logo, including but not limited to 

24 those United Nations affiliated agencies and bodies 

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1 tions under section 1225(b)(3)(E) of the John War2 ner National Defense Authorization Act for Fiscal 

3 Year 2007 (Public Law 109–364). 

4 (2) UNITED NATIONS SYSTEM.—The term 

5 ‘‘United Nations System’’ means the aggregation of 

6 all United Nations Entities, as defined in paragraph 

7 (1). 

8 (3) UNITED STATES CONTRIBUTION.—The term 

9 ‘‘United States Contribution’’ means an assessed or 

10 voluntary contribution, whether financial, in-kind, or 

11 otherwise, from the United States Federal Govern12 ment to a United Nations Entity, including con13 tributions passed through other entities for ultimate 

14 use by a United Nations Entity. United States Con15 tributions include, but are not limited to, those con16 tributions identified pursuant to section 

17 1225(b)(3)(E) of the John Warner National Defense 

18 Authorization Act for Fiscal Year 2007 (Public Law 

19 109–364). 

20 (4) TRANSPARENCY CERTIFICATION.—The term 

21 ‘‘Transparency Certification’’ means an annual, 

22 written affirmation by the head or authorized des23 ignee of a United Nations Entity that the Entity will 

24 cooperate with the Inspector General, including by 

25 providing the Inspector General, upon request, with 

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1 full access to Oversight Information as defined in 

2 this title. 

3 (5) OVERSIGHT INFORMATION.—The term 

4 ‘‘Oversight Information’’ includes— 

5 (A) internally and externally commissioned 

6 audits, program reviews, performance reports, 

7 and evaluations; 

8 (B) financial statements, records, and bill9 ing systems; 

10 (C) program budgets and program budget 

11 implications, including revised estimates and re12 ports produced by or provided to the Secretary 

13 General and the Secretary General’s agents on 

14 budget related matters; 

15 (D) operational plans, budgets, and budg16 etary analyses for peacekeeping operations; 

17 (E) analyses and reports regarding the 

18 scale of assessments; 

19 (F) databases and other data systems con20 taining financial or programmatic information; 

21 (G) documents or other records alleging or 

22 involving improper use of resources, mis23 conduct, mismanagement, or other violations of 

24 rules and regulations applicable to the United 

25 Nations Entity; and 

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1 (H) other documentation relevant to the 

2 audit and investigative work of the United 

3 States Inspector General for Contributions to 

4 the United Nations System. 

5 SEC. 623. ESTABLISHMENT AND MANAGEMENT OF THE OF6 FICE OF THE UNITED STATES INSPECTOR 

7 GENERAL FOR CONTRIBUTIONS TO THE 

8 UNITED NATIONS SYSTEM. 

9 (a) PURPOSE.—The purpose of this section is to 

10 make possible the independent and objective conduct of 

11 audits and investigations relating to United States Con12 tributions to the United Nations System and the use of 

13 those contributions by United Nations Entities, in an ef14 fort to eliminate and deter waste, fraud, and abuse in the 

15 use of those contributions, and thereby to contribute to 

16 the development of greater transparency, accountability, 

17 and internal controls throughout the United Nations Sys18 tem. 

19 (b) ESTABLISHMENT.—There is hereby established 

20 the Office of the United States Inspector General for Con21 tributions to the United Nations System. 

22 (c) INSPECTOR GENERAL.— 

23 (1) APPOINTMENT.—The head of the Office of 

24 the United States Inspector General for Contribu25 tions to the United Nations System is the Inspector 

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1 General for Contributions to the United Nations 

2 System, who shall be appointed by the President, by 

3 and with the advice and consent of the Senate, on 

4 the basis of integrity and demonstrated ability in ac5 counting, auditing, financial analysis, law, manage6 ment analysis, public administration, or investiga7 tions. 

8 (2) NOMINATION.—The nomination of an indi9 vidual as Inspector General shall be made not later 

10 than 30 days after the enactment of this Act. 

11 (3) REMOVAL.—The Inspector General may be 

12 removed from office by the President. The President 

13 shall communicate the reasons for any such removal 

14 to both Houses of Congress. 

15 (4) COMPENSATION.—The annual rate of basic 

16 pay of the Inspector General shall be the annual rate 

17 of basic pay provided for positions at level IV of the 

18 Executive Schedule under section 5315 of title 5, 

19 United States Code. 

20 (5) RELATIONSHIP TO BOARD.— 

21 (A) Except as provided in subparagraph 

22 (B), the Inspector General shall report directly 

23 to and be under the general supervision of, the 

24 Board of Directors created in subsection (d). 

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1 (B) Neither the Board, any officer of the 

2 Board, nor any officer of a federal department 

3 or agency shall prevent or prohibit the Inspec4 tor General from initiating, carrying out, or 

5 completing any audit or investigation. 

6 (6) DUTIES.— 

7 (A) IN GENERAL.—It shall be the duty of 

8 the Inspector General to conduct, supervise, 

9 and coordinate audits and investigations of— 

10 (i) the treatment, handling, expendi11 ture, and use of United States Contribu12 tions by and to United Nations Entities; 

13 and 

14 (ii) the adequacy of accounting, over15 sight, and internal control mechanisms at 

16 United Nations Entities that receive 

17 United States Contributions. 

18 (B) SUPERVISION.—The Inspector General 

19 shall establish, maintain, and oversee such sys20 tems, procedures, and controls as the Inspector 

21 General considers appropriate to discharge the 

22 duty under subparagraph (A). 

23 (C) OPERATION.—The Inspector General 

24 shall carry out the duties specified in subparamstockstill on PROD1PC66 with BILLS

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1 graphs (A) and (B) in accordance with section 

2 4(b)(1) of the Inspector General Act of 1978. 

3 (D) MAINTENANCE OF RECORDS.—The In4 spector General shall collect and maintain cur5 rent records regarding Transparency Certifi6 cations by all United Nations Entities that re7 ceive United States Contributions. 

8 (E) NOTIFICATION.—The Inspector Gen9 eral shall keep the Board of Directors and the 

10 Congress fully and promptly informed of how 

11 United Nations Entities are spending United 

12 States Contributions by means of reports, testi13 mony, and briefings. 

14 (F) REFERRALS.— 

15 (i) The Inspector General shall 

16 promptly report to the United States At17 torney General when Inspector General has 

18 reasonable grounds to believe a United 

19 States federal criminal law has been vio20 lated by a United Nations Entity or one of 

21 its employees, contractors, or representa22 tives. 

23 (ii) The Inspector General shall 

24 promptly report, when appropriate, to the 

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1 propriate United Nations Entity cases 

2 where the Inspector General reasonably be3 lieves that mismanagement, misfeasance, 

4 or malfeasance is likely to have taken place 

5 within a United Nations Entity and dis6 ciplinary proceedings are likely justified. 

7 (7) PERSONNEL, FACILITIES, AND OTHER RE8 SOURCES.— 

9 (A) IN GENERAL.—The Inspector General 

10 may select, appoint, and employ such officers 

11 and employees as may be necessary for carrying 

12 out the duties of the Inspector General. 

13 (B) SERVICES.—The inspector general 

14 may obtain services as authorized by section 

15 3109 of title 5, United States Code, at daily 

16 rates not to exceed the equivalent rate pre17 scribed for grade GS–15 of the General Sched18 ule by section 5332 of such title. 

19 (C) REAL PROPERTY.—The Inspector Gen20 eral may lease, purchase, or otherwise acquire, 

21 improve, and use such real property wherever 

22 situated, as may be necessary for carrying out 

23 this section. 

24 (D) CONTRACTS.—To the extent and in 

25 such amounts as may be provided in advance by 

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1 appropriations Acts, the Inspector General my 

2 enter into contracts and other arrangements for 

3 audits, studies, analyses, and other services 

4 with public agencies and with private persons, 

5 and make such payments as may be necessary 

6 to carry out the duties of the Inspector General. 

7 (E) DETAILEES.—Upon request by the In8 spector General, the head of an agency may de9 tail any employee of such agency to the Office 

10 of the United States Inspector General for Con11 tributions to the United Nations System on a 

12 reimbursable basis. Any employee so detailed 

13 remains, for the purpose of preserving such em14 ployee’s allowances, privileges, rights, seniority, 

15 and other benefits, an employee of the agency 

16 from which detailed. 

17 (8) COOPERATION BY UNITED STATES GOVERN18 MENT ENTITIES.— 

19 (A) IN GENERAL.—In carrying out the du20 ties, responsibilities, and authorities of the In21 spector General under this section, the Inspec22 tor General shall receive the cooperation of in23 spectors general of other Federal Government 

24 agencies. 

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1 (B) ASSISTANCE.—Upon request of the In2 spector General for information or assistance 

3 from any department, agency, or other entity of 

4 the Federal Government, the head of such enti5 ty shall, insofar as is practicable and not in 

6 contravention of any existing law, furnish such 

7 information or assistance to the Inspector Gen8 eral, or an authorized designee. 

9 (C) REPORT.—Whenever information or 

10 assistance requested by the Inspector General 

11 is, in the judgment of the Inspector General, 

12 unreasonably refused or not provided, the In13 spector General shall report the circumstances 

14 to the Board of Directors and to the Appro15 priate Congressional Committees without delay. 

16 (9) CONFIRMATION OF TRANSPARENCY BY

17 UNITED NATIONS ENTITIES.— 

18 (A) PROMPT NOTICE BY INSPECTOR GEN19 ERAL.—Whenever information or assistance re20 quested from a United Nations Entity by the 

21 Inspector General pursuant to a Transparency 

22 Certification is, in the opinion of the Inspector 

23 General, unreasonably refused or not provided 

24 in a timely manner, the Inspector General shall 

25 notify the Board of Directors, the head of that 

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1 particular United Nations Entity, and the Sec2 retary General of the circumstances in writing, 

3 without delay. 

4 (B) NOTICE OF COMPLIANCE.—If and 

5 when the information or assistance being 

6 sought by the Inspector General in connection 

7 with a notification pursuant to subparagraph 

8 (A) is provided to the satisfaction of the Inspec9 tor General, the Inspector General shall so no10 tify in writing the United Nations Entity, the 

11 Board of Directors, and the Appropriate Con12 gressional Committees. 

13 (C) NONCOMPLIANCE.—If the information 

14 or assistance being sought by the Inspector 

15 General in connection with a notification pursu16 ant to subparagraph (A) is not provided to the 

17 satisfaction of the Inspector General within 90 

18 days of that notification, then the United Na19 tions Entity that is the subject of the notifica20 tion is deemed to be noncompliant with its 

21 Transparency Certification, and the Inspector 

22 General shall provide prompt, written notifica23 tion of that fact to the Board of Directors, Ap24 propriate Congressional Committees, the head 

25 of that United Nations Entity, the Secretary 

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1 General, and any office or agency of the Fed2 eral Government that has provided that United 

3 Nations Entity with any United States Con4 tribution during the prior 2 years. 

5 (D) RESTORATION OF COMPLIANCE.— 

6 After the situation has been resolved to the sat7 isfaction of the Board of Directors, a finding of 

8 Transparency Certification noncompliance pur9 suant to subparagraph (B) may be reversed by 

10 an affirmative vote of at least 5 of the 7 mem11 bers of the Board of Directors. The Board shall 

12 promptly provide notification of such restora13 tion, along with a description of the basis for 

14 the Board’s decision, to the Inspector General, 

15 Appropriate Congressional Committees, the 

16 head of the affected United Nations Entity, the 

17 Secretary General, and the head of any office or 

18 agency of the Federal Government that has 

19 provided that United Nations Entity with any 

20 United States Contribution during the prior 2 

21 years. 

22 (E) COST REIMBURSEMENT.—The Inspec23 tor General may reimburse United Nations En24 tities for the reasonable cost of providing to the 

25 Inspector General information or assistance 

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1 sought pursuant to a Transparency Certifi2 cation for the purpose of performing the duties 

3 described in paragraph (6). 

4 (10) REPORTS.— 

5 (A) AUDIT AND INVESTIGATION RE6 PORTS.—Promptly upon completion, the Inspec7 tor General shall provide copies of each audit 

8 and investigation report completed pursuant to 

9 paragraph (6) to the Board of Directors, the 

10 Appropriate Congressional Committees, and, to 

11 the extent permissible under United States law, 

12 the head of each United Nations Entity that is 

13 the subject of that particular report. 

14 (B) SEMIANNUAL REPORTS.—Not later 

15 than May 30, 2010, and semiannually there16 after, the Inspector General shall submit to the 

17 Appropriate Congressional Committees a report 

18 that, among other things— 

19 (i) meets the requirements of section 

20 5 of the Inspector General Act of 1978; 

21 and 

22 (ii) includes a list of and detailed de23 scription of the circumstances surrounding 

24 any notification of noncompliance issued 

25 pursuant to paragraph (9)(C) during the 

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1 covered timeframe, and whether and when 

2 Board of Directors has reversed such find3 ing of noncompliance. 

4 (C) PROHIBITED DISCLOSURES.—Nothing 

5 in this subsection shall be construed to author6 ize the public disclosure of information that 

7 is— 

8 (i) specifically prohibited from disclo9 sure by any other provision of law; 

10 (ii) specifically required by Executive 

11 order to be protected from disclosure in 

12 the interest of national defense or national 

13 security or in the conduct of foreign af14 fairs; or 

15 (iii) a part of an ongoing criminal in16 vestigation. 

17 (D) PRIVACY PROTECTIONS.—The Inspec18 tor General shall exempt from public disclosure 

19 information received from a United Nations 

20 Entity or developed during an audit or inves21 tigation that the Inspector General believes— 

22 (i) constitutes a trade secret or privi23 leged and confidential personal financial 

24 information; 

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1 (ii) accuses a particular person of a 

2 crime; 

3 (iii) would, if publicly disclosed, con4 stitute a clearly unwarranted invasion of 

5 personal privacy; and 

6 (iv) would compromise an ongoing law 

7 enforcement investigation or judicial trial 

8 in the United States. 

9 (E) PUBLICATION.—Subject only to the 

10 exceptions detailed in subparagraphs (C) and 

11 (D), the Inspector General shall promptly pub12 lish each report under this subsection on a pub13 licly available and searchable Internet website. 

14 (d) BOARD OF DIRECTORS.— 

15 (1) ESTABLISHMENT.—The Office of the 

16 United States Inspector General for Contributions to 

17 the United Nations System shall have a Board of 

18 Directors. 

19 (2) DUTIES.—The Board shall receive informa20 tion and reports of audits and investigations from 

21 the Office and the Inspector General, provide gen22 eral direction and supervision to the Office and the 

23 Inspector General, and determine the restoration of 

24 compliance by any United Nations Entity with its 

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1 Transparency Certification pursuant to subsection 

2 (c)(9)(D). 

3 (3) MEMBERSHIP.—The Board shall consist of 

4 the Secretary of State (or the Secretary’s designee), 

5 the Secretary of Labor (or the Secretary’s designee), 

6 the Secretary of Agriculture (or the Secretary’s des7 ignee), the Secretary of Defense (or the Secretary’s 

8 designee), the Administrator of the Environmental 

9 Protection Agency (or the Administrator’s designee), 

10 the Secretary of the Treasury (or the Secretary’s 

11 designee), and the Director of the Office of Manage12 ment and Budget (or the Director’s designee). 

13 (4) CHAIRMANSHIP.—The Board shall be 

14 chaired by a board member, and the chairmanship 

15 shall rotate among the member departments and 

16 agencies on an annual basis. The first chair shall be 

17 the Director or designee from the Office of Manage18 ment and Budget. 

19 SEC. 624. TRANSPARENCY FOR UNITED STATES CONTRIBU20 TIONS. 

21 (a) FUNDING PREREQUISITES.—Notwithstanding 

22 any other provision of law, no funds made available for 

23 use as a United States Contribution to any United Na24 tions Entity may be obligated or expended if— 

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1 (1) the intended United Nations Entity recipi2 ent has not provided to the Inspector General within 

3 the preceding year a Transparency Certification as 

4 defined in section l22(4); or 

5 (2) the intended United Nations Entity recipi6 ent is noncompliant with its Transparency Certifi7 cation as described in section l23(c)(9)(C). 

8 (b) TREATMENT OF FUNDS WITHHELD FOR NON9 COMPLIANCE.—At the conclusion of each fiscal year, any 

10 funds that had been appropriated for use as a United 

11 States Contribution to a United Nations Entity during 

12 that fiscal year, but could not be obligated or expended 

13 because of the restrictions of paragraph (1), shall be re14 turned to the United States Treasury, and are not subject 

15 to reprogramming for any other use. Any such funds re16 turned to the Treasury shall not be considered arrears to 

17 be repaid to any United Nations Entity. 

18 (c) PRESIDENTIAL WAIVER.—The President may 

19 waive the limitations of this subsection with respect to a 

20 particular United States Contribution to a particular 

21 United Nations Entity within a single fiscal year if the 

22 President determines that it is required by the national 

23 security interests of the United States and provides notifi24 cation and explanation of that determination to the Appro25 priate Congressional Committees. 

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1 SEC. 625. AUTHORIZATION OF APPROPRIATIONS. 

2 There are authorized to be appropriated such sums 

3 as are necessary to carry out the activities of this title, 

4 provided that such sums be not less than one half of 1 

5 percent of the total amount of all assessed and voluntary 

6 contributions of the United States Government to the 

7 United Nations and United Nations affiliated agencies 

8 and related bodies during the prior fiscal year, as identi9 fied pursuant to section 1225(b)(3)(E) of the John War10 ner National Defense Authorization Act for Fiscal Year 

11 2007 (Public Law 109–364). 

12 Subtitle C—United States Policy at 

13 the United Nations 

14 SEC. 631. ANNUAL PUBLICATION. 

15 The President shall direct the United States Perma16 nent Representative to the United Nations to use the 

17 voice, vote, and influence of the United States at the 

18 United Nations to ensure the United Nations publishes 

19 annually, including on a publicly searchable internet 

20 website, a list of all United Nations subsidiary bodies and 

21 their functions, budgets, staff, and contributions, both vol22 untary and assessed, sorted by donor. 

23 SEC. 632. ANNUAL FINANCIAL DISCLOSURE. 

24 The President shall direct the United States Perma25 nent Representative to the United Nations to use the 

26 voice, vote, and influence of the United States at the 

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1 United Nations to implement a system for the required 

2 filing of individual annual financial disclosure forms by 

3 each employee of the United Nations and its specialized 

4 agencies, programs, and funds at the P–5 level and above, 

5 which shall be made available to the Office of Internal 

6 Oversight Services and, upon request, to Member States 

7 and their public. 

8 SEC. 633. POLICY WITH RESPECT TO EXPANSION OF THE 

9 SECURITY COUNCIL. 

10 It shall be the policy of the United States to use the 

11 voice, vote, and influence of the United States at the 

12 United Nations to oppose any proposals on expansion of 

13 the Security Council if such expansion would— 

14 (1) diminish the influence of the United States 

15 on the Security Council; 

16 (2) include veto rights for any new members of 

17 the Security Council; or 

18 (3) undermine the effectiveness of the Security 

19 Council. 

20 SEC. 634. ACCESS TO REPORTS AND AUDITS. 

21 The President shall direct the United States Perma22 nent Representative to the United Nations to use the 

23 voice, vote, and influence of the United States at the 

24 United Nations to ensure that Member States may, upon 

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1 request, have access to all reports and audits completed 

2 by the Board of External Auditors. 

3 SEC. 635. WAIVER OF IMMUNITY. 

4 The President shall direct the United States Perma5 nent Representative to the United Nations to use the 

6 voice, vote, and influence of the United States at the 

7 United Nations to ensure that the Secretary General exer8 cises the right and duty of the Secretary General under 

9 section 20 of the Convention on the Privileges and Immu10 nities of the United Nations to waive the immunity of any 

11 United Nations official in any case in which such immu12 nity would impede the course of justice. In exercising such 

13 waiver, the Secretary General is urged to interpret the in14 terests of the United Nations as favoring the investigation 

15 or prosecution of a United Nations official who is credibly 

16 under investigation for having committed a serious crimi17 nal offense or who is credibly charged with a serious crimi18 nal offense. 

19 SEC. 636. TERRORISM AND THE UNITED NATIONS. 

20 The President shall direct the United States Perma21 nent Representative to the United Nations to use the 

22 voice, vote, and influence of the United States at the 

23 United Nations to work toward adoption by the general 

24 assembly of— 

25 (1) a definition of terrorism that— 

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1 (A) builds upon the recommendations of 

2 the December 2004 report of the High-Level 

3 Panel on Threats, Challenges, and Change; 

4 (B) includes as an essential component of 

5 such definition any action that is intended to 

6 cause death or serious bodily harm to civilians 

7 with the purpose of intimidating a population 

8 or compelling a government or an international 

9 organization to do, or abstain from doing, any 

10 act; and 

11 (C) does not propose a legal or moral 

12 equivalence between an action described in 

13 paragraph (1)(B) and measures taken by a gov14 ernment or international organization in self-de15 fense against an action described in paragraph 

16 (1)(B); and 

17 (2) a comprehensive convention on terrorism 

18 that includes the definition described in paragraph 

19 (1). 

20 SEC. 637. REPORT ON UNITED NATIONS REFORM. 

21 (a) IN GENERAL.—Not later than 180 days after the 

22 date of the enactment of this Act and annually for each 

23 of the next three years, the Secretary shall submit to the 

24 appropriate congressional committees a report on United 

25 Nations reform. 

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1 (b) CONTENTS.—The report required under sub2 section (a) shall describe— 

3 (1) progress toward the goal of shifting the 

4 funding for the United Nations Regular Budget to 

5 a voluntary basis as identified in section l12 above, 

6 and a detailed description of efforts and activities by 

7 United States diplomats and officials toward that 

8 end; 

9 (2) progress toward each of the policy goals 

10 identified in the prior sections of this title, and a de11 tailed, goal-specific description of efforts and activi12 ties by United States diplomats and officials toward 

13 those ends; 

14 (3) the status of the implementation of manage15 ment reforms within the United Nations and its spe16 cialized agencies; 

17 (4) the number of outputs, reports, or other 

18 mandates generated by General Assembly resolutions 

19 that have been eliminated; 

20 (5) the progress of the General Assembly to 

21 modernize and streamline the committee structure 

22 and its specific recommendations on oversight and 

23 committee outputs, consistent with the March 2005 

24 report of the Secretary General entitled ‘‘In larger 

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1 freedom: towards development, security and human 

2 rights for all’’; 

3 (6) the status of the review by the General As4 sembly of all mandates older than 5 years and how 

5 resources have been redirected to new challenges, 

6 consistent with such March 2005 report of the Sec7 retary General; 

8 (7) the continued utility and relevance of the 

9 Economic and Financial Committee and the Social, 

10 Humanitarian, and Cultural Committee, in light of 

11 the duplicative agendas of those committees and the 

12 Economic and Social Council; and 

13 (8) whether the United Nations or any of its 

14 specialized agencies has contracted with any party 

15 included on the Lists of Parties Excluded from Fed16 eral Procurement and Nonprocurement Programs. 

17 SEC. 638. REPORT ON UNITED NATIONS PERSONNEL. 

18 (a) IN GENERAL.—Not later than one year after the 

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

20 shall submit to the appropriate congressional committees 

21 a report— 

22 (1) concerning the progress of the General As23 sembly to modernize human resource practices, con24 sistent with the March 2005 report of the Secretary 

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1 General entitled ‘‘In larger freedom: towards devel2 opment, security and human rights for all’’; and 

3 (2) containing the information described in sub4 section (b). 

5 (b) CONTENTS.—The report shall include— 

6 (1) a comprehensive evaluation of human re7 sources reforms at the United Nations, including an 

8 evaluation of— 

9 (A) tenure; 

10 (B) performance reviews; 

11 (C) the promotion system; 

12 (D) a merit-based hiring system and en13 hanced regulations concerning termination of 

14 employment of employees; and 

15 (E) the implementation of a code of con16 duct and ethics training; 

17 (2) the implementation of a system of proce18 dures for filing complaints and protective measures 

19 for work-place harassment, including sexual harass20 ment; 

21 (3) policy recommendations relating to the es22 tablishment of a rotation requirement for non23 administrative positions; 

24 (4) policy recommendations relating to the es25 tablishment of a prohibition preventing personnel 

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1 and officials assigned to the mission of a member 

2 state to the united nations from transferring to a 

3 position within the United Nations Secretariat that 

4 is compensated at the P–5 level and above; 

5 (5) policy recommendations relating to a reduc6 tion in travel allowances and attendant oversight 

7 with respect to accommodations and airline flights; 

8 and 

9 (6) an evaluation of the recommendations of the 

10 Secretary General relating to greater flexibility for 

11 the Secretary General in staffing decisions to accom12 modate changing priorities. 

13 SEC. 639. WITHHOLDING OF UNITED STATES CONTRIBU14 TIONS TO UNRWA. 

15 (a) WITHHOLDING.—Contributions by the United 

16 States to the regular budget of the United Nations Relief 

17 and Works Agency for Palestine Refugees in the Near 

18 East (UNRWA), to any successor or related entity, or to 

19 the regular budget of the United Nations for the support 

20 of UNRWA or a successor entity (through staff positions 

21 provided by the United Nations Secretariat, or otherwise), 

22 may be provided only during a period for which a certifi23 cation described in subsection (b) is in effect. 

24 (b) CERTIFICATION.—A certification described in this 

25 paragraph is a written determination by the Secretary, 

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1 based on all information available after diligent inquiry, 

2 and transmitted to the Appropriate Congressional Com3 mittees along with a detailed description of the factual 

4 basis therefor, that— 

5 (1) no official, employee, consultant, contractor, 

6 subcontractor, representative, or affiliate of 

7 UNRWA— 

8 (A) is a member of a foreign terrorist or9 ganization; 

10 (B) has propagated, disseminated, or in11 cited anti-American, anti-Israel, or anti-Semitic 

12 rhetoric or propaganda; or 

13 (C) has used any UNRWA resources, in14 cluding publications or Web sites, to propagate 

15 or disseminate political materials, including po16 litical rhetoric regarding the Israeli-Palestinian 

17 conflict; 

18 (2) no UNRWA school, hospital, clinic, other 

19 facility, or other infrastructure or resource is being 

20 used by a foreign terrorist organization for oper21 ations, planning, training, recruitment, fundraising, 

22 indoctrination, communications, sanctuary, storage 

23 of weapons or other materials, or any other pur24 poses; 

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1 (3) UNRWA is subject to comprehensive finan2 cial audits by an internationally recognized third 

3 party independent auditing firm and has imple4 mented an effective system of vetting and oversight 

5 to prevent the use, receipt, or diversion of any 

6 UNRWA resources by any foreign terrorist organiza7 tion or members thereof; 

8 (4) no UNRWA-funded school or educational 

9 institution uses textbooks or other educational mate10 rials that propagate or disseminate anti-American, 

11 anti-Israel, or anti-Semitic rhetoric, propaganda or 

12 incitement; and 

13 (5) no recipient of UNRWA funds or loans is 

14 a member of a foreign terrorist organization. 

15 (c) DEFINITION.—In this section, the term ‘‘foreign 

16 terrorist organization’’ means an organization designated 

17 as a foreign terrorist organization by the Secretary of 

18 State in accordance with section 219(a) of the Immigra19 tion and Nationality Act (8 U.S.C. 1189(a)). 

20 (d) EFFECTIVE DURATION OF CERTIFICATION.—The 

21 certification described in subsection (b) shall be effective 

22 for a period of 180 days from the date of transmission 

23 to the Appropriate Congressional Committees, or until the 

24 Secretary receives information rendering that certification 

25 factually inaccurate, whichever is earliest. In the event 

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1 that a certification becomes ineffective, the Secretary shall 

2 promptly transmit to the Appropriate Congressional Com3 mittees a description of any information that precludes the 

4 renewal or continuation of the certification. 

5 (e) LIMITATION.—During a period for which a certifi6 cation described in subsection (b) is in effect, the United 

7 States may not contribute to the United Nations Relief 

8 and Works Agency for Palestine Refugees in the Near 

9 East (UNRWA) or a successor entity an annual amount— 

10 (1) greater than the highest annual contribu11 tion to UNRWA made by a member country of the 

12 League of Arab States; 

13 (2) that, as a proportion of the total UNRWA 

14 budget, exceeds the proportion of the total budget 

15 for the United Nations High Commissioner for Ref16 ugees (UNHCR) paid by the United States; or 

17 (3) that exceeds 22 percent of the total budget 

18 of UNRWA. 

19 (f) SENSE OF CONGRESS.—It is the sense of Con20 gress that, in order to alleviate the suffering of Palestinian 

21 refugees, responsibility for those refugees should be fully 

22 transferred to the Office of the United Nations High Com23 missioner for Refugees. 

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1 SEC. 640. UNITED NATIONS TREATY BODIES. 

2 The United States shall withhold from United States 

3 contributions to the regular assessed budget of the United 

4 Nations for a biennial period amounts that are propor5 tional to the percentage of such budget that are expended 

6 with respect to a United Nations human rights treaty 

7 monitoring body or committee that was established by— 

8 (1) a convention (without any protocols) or an 

9 international covenant (without any protocols) to 

10 which the United States is not party; or 

11 (2) a convention, with a subsequent protocol, if 

12 the United States is a party to neither. 

13 SEC. 641. EQUALITY AT THE UNITED NATIONS. 

14 (a) DEPARTMENT OF STATE REVIEW AND RE15 PORT.— 

16 (1) IN GENERAL.—To avoid duplicative efforts 

17 and funding with respect to Palestinian interests 

18 and to ensure balance in the approach to Israeli-Pal19 estinian issues, the Secretary shall, not later than 

20 180 days after the date of the enactment of this 

21 Act— 

22 (A) complete an audit of the functions of 

23 the entities listed in paragraph (2); and 

24 (B) submit to the appropriate congres25 sional committees a report containing audit 

26 findings and conclusions, and recommendations 

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1 for the elimination of such duplicative entities 

2 and efforts. 

3 (2) ENTITIES.—The entities referred to in 

4 paragraph (1) are the following: 

5 (A) The United Nations Division for Pales6 tinian Rights. 

7 (B) The Committee on the Exercise of the 

8 Inalienable Rights of the Palestinian People. 

9 (C) The United Nations Special Coordi10 nator for the Middle East Peace Process and 

11 Personal Representative to the Palestine Lib12 eration Organization and the Palestinian Au13 thority. 

14 (D) The NGO Network on the Question of 

15 Palestine. 

16 (E) The Special Committee to Investigate 

17 Israeli Practices Affecting the Human Rights of 

18 the Palestinian People and Other Arabs of the 

19 Occupied Territories. 

20 (F) Any other entity the Secretary deter21 mines results in duplicative efforts or funding 

22 or fails to ensure balance in the approach to 

23 Israeli-Palestinian issues. 

24 (b) IMPLEMENTATION BY PERMANENT REPRESENTA25 TIVE.— 

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1 (1) IN GENERAL.—The President shall direct 

2 the United States Permanent Representative to the 

3 United Nations to use the voice, vote, and influence 

4 of the United States at the United Nations to seek 

5 the implementation of the recommendations con6 tained in the report required under subsection 

7 (a)(1)(B). 

8 (2) WITHHOLDING OF FUNDS.—Until such rec9 ommendations have been implemented, the United 

10 States shall withhold from United States contribu11 tions to the regular assessed budget of the United 

12 Nations for a biennial period amounts that are pro13 portional to the percentage of such budget that are 

14 expended for such entities. 

15 (c) GAO AUDIT.—The Comptroller General of the 

16 United States of the Government Accountability Office 

17 shall conduct an audit of— 

18 (1) the status of the implementation of the rec19 ommendations contained in the report required 

20 under subsection (a)(1)(B); and 

21 (2) United States actions and achievements 

22 under subsection (b). 

23 SEC. 642. ANTI-SEMITISM AND THE UNITED NATIONS. 

24 The President shall direct the United States perma25 nent representative to the United Nations to use the voice, 

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1 vote, and influence of the United States at the United Na2 tions to make every effort to— 

3 (1) ensure the issuance and implementation of 

4 a directive by the Secretary General or the Secre5 tariat, as appropriate, that— 

6 (A) requires all employees of the United 

7 Nations and its specialized agencies to officially 

8 and publicly condemn anti-Semitic statements 

9 made at any session of the United Nations or 

10 its specialized agencies, or at any other session 

11 sponsored by the United Nations; 

12 (B) requires employees of the United Na13 tions and its specialized agencies, programs, 

14 and funds to be subject to punitive action, in15 cluding immediate dismissal, for making anti16 Semitic statements or references; 

17 (C) proposes specific recommendations to 

18 the General Assembly for the establishment of 

19 mechanisms to hold accountable employees and 

20 officials of the United Nations and its special21 ized agencies, programs, and funds, or Member 

22 States, that make such anti-Semitic statements 

23 or references in any forum of the United Na24 tions or of its specialized agencies; 

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1 (D) continues to develop and implements 

2 education awareness programs about the Holo3 caust and anti-Semitism throughout the world, 

4 as part of an effort to combat intolerance and 

5 hatred; and 

6 (E) requires the Office of the United Na7 tions High Commissioner for Human Rights 

8 (OHCHR) to develop programming and other 

9 measures that address anti-Semitism; 

10 (2) secure the adoption of a resolution by the 

11 General Assembly that establishes the mechanisms 

12 described in paragraph (1)(C); and 

13 (3) continue working toward further reduction 

14 of anti-Semitic language and anti-Israel resolutions 

15 in the United Nations and its specialized agencies, 

16 programs, and funds. 

17 SEC. 643. REGIONAL GROUP INCLUSION OF ISRAEL. 

18 The President shall direct the United States Perma19 nent Representative to the United Nations to use the 

20 voice, vote, and influence of the United States at the 

21 United Nations to expand the Western European and Oth22 ers Group (WEOG) in the United Nations to include 

23 Israel as a permanent member with full rights and privi24 leges. 

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1 Subtitle D—United Nations Human 

2 Rights Council 

3 SEC. 651. FINDINGS. 

4 Congress finds the following: 

5 (1) Since its establishment in 2006, the United 

6 Nations Human Rights Council has failed to mean7 ingfully promote the protection of internationally 

8 recognized human rights, and has proven to be even 

9 more problematic than the United Nations Human 

10 Rights Commission that it was created to replace. 

11 (2) The United Nations Human Rights Council 

12 suffers from significant structural flaws, such as the 

13 fact that it draws its members from the General As14 sembly without any substantive membership criteria, 

15 with the perverse result that a number of the world’s 

16 worst human rights abusers are members of the 

17 council. 

18 (3) The structure and composition of the 

19 United Nations Human Rights Council have made it 

20 subject to gross political manipulation, with the re21 sult that, during its two and one-half years of oper22 ation, the Council has passed 20 resolutions cen23 suring the democratic state of Israel, as compared to 

24 only 4 censuring the dictatorship in Burma, just one 

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1 demning the severe, ongoing human rights abuses in 

2 Sudan, China, Cuba, Zimbabwe, Belarus, and else3 where. 

4 SEC. 652. HUMAN RIGHTS COUNCIL MEMBERSHIP AND 

5 FUNDING. 

6 (a) IN GENERAL.—For each fiscal year subsequent 

7 to the effective date of this Act until the Secretary of State 

8 submits to Congress a certification that the requirements 

9 described in subsection (b) have been satisfied— 

10 (1) the Secretary of State shall withhold from 

11 a United States contribution each fiscal year to a 

12 regularly assessed biennial budget of the United Na13 tions an amount that is equal to the percentage of 

14 such contribution that the Secretary determines 

15 would be allocated by the United Nations to support 

16 the United Nations Human Rights Council; 

17 (2) the Secretary of State shall not make a vol18 untary contribution to the United Nations Human 

19 Rights Council; and 

20 (3) the United States shall not run for a seat 

21 on the United Nations Human Rights Council. 

22 (b) CERTIFICATION.—The annual certification re23 ferred to in subsection (a) is a certification made by the 

24 Secretary to Congress that the United Nations Human 

25 Rights Council does not include a Member State— 

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1 (1) subject to sanctions by the Security Council; 

2 (2) under a Security Council-mandated inves3 tigation for human rights abuses; 

4 (3) subject, within the prior 5 years, to a coun5 try-specific resolution passed under Agenda Item 9 

6 by the former United Nations Human Rights Com7 mission; 

8 (4) which the Secretary of State has deter9 mined, for purposes of section 6(j) of the Export Ad10 ministration Act of 1979 (as continued in effect pur11 suant to the International Emergency Economic 

12 Powers Act), section 40 of the Arms Export Control 

13 Act, section 620A of the Foreign Assistance Act of 

14 1961, or other provision of law, is a government that 

15 has repeatedly provided support for acts of inter16 national terrorism; or 

17 (5) which the President has designated as a 

18 country of particular concern for religious freedom 

19 under section 402(b) of the International Religious 

20 Freedom Act of 1998. 

21 Subtitle E—International Atomic 

22 Energy Agency 

23 SEC. 661. INTERNATIONAL ATOMIC ENERGY AGENCY. 

24 (a) ENFORCEMENT AND COMPLIANCE.— 

25 (1) OFFICE OF COMPLIANCE.— 

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1 (A) ESTABLISHMENT.—The President 

2 shall direct the United States Permanent Rep3 resentative to International Atomic Energy 

4 Agency (IAEA) to use the voice, vote, and influ5 ence of the United States at the IAEA to estab6 lish an Office of Compliance in the Secretariat 

7 of the IAEA. 

8 (B) OPERATION.—The Office of Compli9 ance shall— 

10 (i) function as an independent body 

11 composed of technical experts who shall 

12 work in consultation with IAEA inspectors 

13 to assess compliance by IAEA Member 

14 States and provide recommendations to the 

15 IAEA Board of Governors concerning pen16 alties to be imposed on IAEA Member 

17 States that fail to fulfill their obligations 

18 under IAEA Board resolutions; 

19 (ii) base its assessments and rec20 ommendations on IAEA inspection reports; 

21 and 

22 (iii) take into consideration informa23 tion provided by IAEA Board Members 

24 that are 1 of the 5 nuclear weapons states 

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1 Proliferation of Nuclear Weapons (21 UST 

2 483) (commonly referred to as the ‘‘Nu3 clear Nonproliferation Treaty’’ or the 

4 ‘‘NPT’’). 

5 (C) STAFFING.—The Office of Compliance 

6 shall be staffed from existing personnel in the 

7 Department of Safeguards of the IAEA or the 

8 Department of Nuclear Safety and Security of 

9 the IAEA. 

10 (2) COMMITTEE ON SAFEGUARDS AND

11 VERIFICATION.—The President shall direct the 

12 United States Permanent Representative to the 

13 IAEA to use the voice, vote, and influence of the 

14 United States at the IAEA to ensure that the Com15 mittee on Safeguards and Verification established in 

16 2005 shall develop and seek to put into force a 

17 workplan of concrete measures that will— 

18 (A) improve the ability of the IAEA to 

19 monitor and enforce compliance by Member 

20 States of the IAEA with the Nuclear Non21 proliferation Treaty and the Statute of the 

22 International Atomic Energy Agency; and 

23 (B) enhance the ability of the IAEA, be24 yond the verification mechanisms and authori25 ties contained in the Additional Protocol to the 

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1 Safeguards Agreements between the IAEA and 

2 Member States of the IAEA, to detect with a 

3 high degree of confidence undeclared nuclear 

4 activities by a Member State. 

5 (3) PENALTIES WITH RESPECT TO THE IAEA.— 

6 (A) IN GENERAL.—The President shall di7 rect the United States Permanent Representa8 tive to the IAEA to use the voice, vote, and in9 fluence of the United States at the IAEA to en10 sure that a Member State of the IAEA that is 

11 under investigation for a breach of or non12 compliance with its IAEA obligations or the 

13 purposes and principles of the Charter of the 

14 United Nations has its privileges suspended, in15 cluding— 

16 (i) limiting its ability to vote on its 

17 case; 

18 (ii) being prevented from receiving 

19 any technical assistance; and 

20 (iii) being prevented from hosting 

21 meetings. 

22 (B) TERMINATION OF PENALTIES.—The 

23 penalties specified under subparagraph (A) 

24 shall be terminated when such investigation is 

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1 concluded and such Member State is no longer 

2 in such breach or noncompliance. 

3 (4) PENALTIES WITH RESPECT TO THE NU4 CLEAR NONPROLIFERATION TREATY.—The Presi5 dent shall direct the United States Permanent Rep6 resentative to the IAEA to use the voice, vote, and 

7 influence of the United States at the IAEA to en8 sure that a Member State of the IAEA that is found 

9 to be in breach of, in noncompliance with, or has 

10 withdrawn from the Nuclear Nonproliferation Treaty 

11 shall return to the IAEA all nuclear materials and 

12 technology received from the IAEA, any Member 

13 State of the IAEA, or any Member State of the Nu14 clear Nonproliferation Treaty. 

15 (b) UNITED STATES CONTRIBUTIONS.— 

16 (1) VOLUNTARY CONTRIBUTIONS.—Voluntary 

17 contributions of the United States to the IAEA 

18 should primarily be used to fund activities relating 

19 to Nuclear Safety and Security or activities relating 

20 to Nuclear Verification. 

21 (2) LIMITATION ON USE OF FUNDS.—The 

22 President shall direct the United States Permanent 

23 Representative to the IAEA to use the voice, vote, 

24 and influence of the United States at the IAEA to— 

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1 (A) ensure that funds for safeguards in2 spections are prioritized for countries that have 

3 newly established nuclear programs or are initi4 ating nuclear programs; and 

5 (B) block the allocation of funds for any 

6 other IAEA development, environmental, or nu7 clear science assistance or activity to a coun8 try— 

9 (i) the government of which the Sec10 retary of State has determined, for pur11 poses of section 6(j) of the Export Admin12 istration Act of 1979, section 620A of the 

13 Foreign Assistance Act of 1961, section 40 

14 of the Arms Export Control Act, or other 

15 provision of law, is a government that has 

16 repeatedly provided support for acts of 

17 international terrorism and the government 

18 of which the Secretary has determined has 

19 not dismantled and surrendered its weap20 ons of mass destruction programs under 

21 international verification; 

22 (ii) that is under investigation for a 

23 breach of or noncompliance with its IAEA 

24 obligations or the purposes and principles 

25 of the Charter of the United Nations; or 

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1 (iii) that is in violation of its IAEA 

2 obligations or the purposes and principles 

3 of the Charter of the United Nations. 

4 (3) DETAIL OF EXPENDITURES.—The Presi5 dent shall direct the United States Permanent Rep6 resentative to the IAEA to use the voice, vote, and 

7 influence of the United States at the IAEA to se8 cure, as part of the regular budget presentation of 

9 the IAEA to Member States of the IAEA, a detailed 

10 breakdown by country of expenditures of the IAEA 

11 for safeguards inspections and nuclear security ac12 tivities. 

13 (c) MEMBERSHIP.— 

14 (1) IN GENERAL.—The President shall direct 

15 the United States Permanent Representative to the 

16 IAEA to use the voice, vote, and influence of the 

17 United States at the IAEA to block the membership 

18 on the Board of Governors of the IAEA for a Mem19 ber State of the IAEA that has not signed and rati20 fied the Additional Protocol and— 

21 (A) is under investigation for a breach of 

22 or noncompliance with its IAEA obligations or 

23 the purposes and principles of the Charter of 

24 the United Nations; or 

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1 (B) that is in violation of its IAEA obliga2 tions or the purposes and principles of the 

3 Charter of the United Nations. 

4 (2) CRITERIA.—The United States Permanent 

5 Representative to the IAEA shall make every effort 

6 to modify the criteria for Board membership to re7 flect the principles described in paragraph (1). 

8 (d) SMALL QUANTITIES PROTOCOL.—The President 

9 shall direct the United States Permanent Representative 

10 to the IAEA to use the voice, vote, and influence of the 

11 United States at the IAEA to make every effort to ensure 

12 that the IAEA changes the policy regarding the Small 

13 Quantities Protocol in order to— 

14 (1) rescind and eliminate the Small Quantities 

15 Protocol; 

16 (2) require that any IAEA Member State that 

17 has previously signed a Small Quantities Protocol to 

18 sign, ratify, and implement the Additional Protocol, 

19 provide immediate access for IAEA inspectors to its 

20 nuclear-related facilities, and agree to the strongest 

21 inspections regime of its nuclear efforts; and 

22 (3) require that any IAEA Member State that 

23 does not comply with paragraph (2) to be ineligible 

24 to receive nuclear material, technology, equipment, 

25 or assistance from any IAEA Member State and 

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1 subject to the penalties described in subsection 

2 (a)(3). 

3 (e) NUCLEAR PROGRAM OF IRAN.— 

4 (1) UNITED STATES ACTION.—The President 

5 shall direct the United States Permanent Represent6 ative to the IAEA to use the voice, vote, and influ7 ence of the United States at the IAEA to make 

8 every effort to ensure the adoption of a resolution by 

9 the IAEA Board of Governors that, in addition to 

10 the restrictions already imposed, makes Iran ineli11 gible to receive any nuclear material, technology, 

12 equipment, or assistance from any IAEA Member 

13 State and ineligible for any IAEA assistance not re14 lated to safeguards inspections or nuclear security 

15 until the IAEA Board of Governors determines that 

16 Iran— 

17 (A) is providing full access to IAEA in18 spectors to its nuclear-related facilities; 

19 (B) has fully implemented and is in com20 pliance with the Additional Protocol; and 

21 (C) has permanently ceased and disman22 tled all activities and programs related to nu23 clear-enrichment and reprocessing. 

24 (2) PENALTIES.—If an IAEA Member State is 

25 determined to have violated the prohibition on asmstockstill on PROD1PC66 with BILLS

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1 sistance to Iran described in paragraph (1) before 

2 the IAEA Board of Governors determines that Iran 

3 has satisfied the conditions described in subpara4 graphs (A) through (C) of such paragraph, such 

5 Member State shall be subject to the penalties de6 scribed in subsection (a)(3), shall be ineligible to re7 ceive nuclear material, technology, equipment, or as8 sistance from any IAEA Member State, and shall be 

9 ineligible to receive any IAEA assistance not related 

10 to safeguards inspections or nuclear security until 

11 such time as the IAEA Board of Governors makes 

12 such determination with respect to Iran. 

13 (f) REPORT.—Not later than 6 months after the date 

14 of the enactment of this Act and annually for 2 years 

15 thereafter, the President shall submit to the appropriate 

16 congressional committees a report on the implementation 

17 of this section. 

18 SEC. 662. SENSE OF CONGRESS REGARDING THE NUCLEAR 

19 SECURITY ACTION PLAN OF THE IAEA. 

20 It is the sense of Congress that the national security 

21 interests of the United States are enhanced by the Nuclear 

22 Security Action Plan of the IAEA and the Board of Gov23 ernors should recommend, and the General Conference 

24 should adopt, a resolution incorporating the Nuclear Secu25 rity Action Plan into the regular budget of the IAEA. 

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1 Subtitle F—Peacekeeping 

2 SEC. 671. REFORM OF UNITED NATIONS PEACEKEEPING 

3 OPERATIONS. 

4 It is the sense of Congress that— 

5 (1) although United Nations peacekeeping oper6 ations have contributed greatly toward the pro7 motion of peace and stability for nearly 6 decades 

8 and the majority of peacekeeping personnel who 

9 have served under the United Nations flag have 

10 done so with honor and courage, the record of 

11 United Nations peacekeeping has been severely tar12 nished by operational failures and unconscionable 

13 acts of misconduct; 

14 (2) in response to such failures, in 2000 and 

15 2005, respectively, the Secretary General charged 

16 the high-level Panel on United Nations Peace Oper17 ations, led by former Foreign Minister of Algeria 

18 Lakhdar Brahimi, and his Special Advisor on the 

19 Prevention of Sexual Exploitation and Abuse, His 

20 Royal Highness Prince Zeid Ra’ad Zeid Al-Hussein 

21 of Jordan, to provide honest assessments of the 

22 United Nations’ shortcomings and make rec23 ommendations that would help restore the con24 fidence of the international community in United 

25 Nations peacekeeping operations; 

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1 (3) audits of procurement practices in the De2 partment of Peacekeeping Operations, conducted by 

3 the Office of Internal Oversight Services, also have 

4 uncovered ‘‘significant’’ corruption schemes, includ5 ing a 2007 audit of peacekeeping contracts valued at 

6 $1.4 billion, of which more than $614 million, or 44 

7 percent, were subject to corruption; 

8 (4) despite the fact that the United Nations has 

9 had more than eight years to implement the reforms 

10 contained in the Brahimi Report, nearly four years 

11 to implement the reforms in the Zeid Report, and 

12 the fact that Secretary General Ban Ki-Moon, his 

13 predecessor Kofi Annan, and the Special Committee 

14 on Peacekeeping Operations repeatedly have ex15 pressed their commitment ‘‘to implementing funda16 mental, systematic changes as a matter of urgency’’, 

17 a number of critical reforms continue to be blocked 

18 or delayed by Members States who arguably benefit 

19 from maintenance of the status quo; and 

20 (5) if the reputation of and confidence in 

21 United Nations peacekeeping operations is to be re22 stored, fundamental and far-reaching reforms, par23 ticularly in the areas of planning, management, pro24 curement, training, conduct, and discipline, must be 

25 implemented without further delay. 

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1 SEC. 672. POLICY RELATING TO REFORM OF UNITED NA2 TIONS PEACEKEEPING OPERATIONS. 

3 It shall be the policy of the United States to pursue 

4 reform of United Nations peacekeeping operations in the 

5 following areas: 

6 (1) PLANNING AND MANAGEMENT.— 

7 (A) GLOBAL AUDIT.—As the size, cost, 

8 and number of United Nations peacekeeping 

9 operations have increased substantially over the 

10 past decade, an independent audit of each such 

11 operation, with a view toward ‘‘right-sizing’’ op12 erations and ensuring that such operations are 

13 cost effective, should be conducted and its find14 ings reported to the Security Council. 

15 (B) PROCUREMENT AND TRANS16 PARENCY.—A modern logistics system and 

17 transparent, streamlined procurement proce18 dures should be established within the United 

19 Nations Department of Field Support to ensure 

20 that all peacekeeping missions are resourced ap21 propriately and in a timely fashion while indi22 vidual accountability for waste, fraud and abuse 

23 within United Nations peacekeeping missions is 

24 established and uniformly enforced. 

25 (C) REVIEW OF MANDATES AND CLOSING

26 OPERATIONS.—In conjunction with the audit 

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1 described in subparagraph (A), the United Na2 tions Department of Peacekeeping Operations 

3 should conduct a comprehensive review of all 

4 United Nations peacekeeping operation man5 dates, with a view toward identifying objectives 

6 that are practical and achievable, and report its 

7 findings to the Security Council. In particular, 

8 the review should consider the following: 

9 (i) Except in extraordinary cases, in10 cluding genocide, the United Nations De11 partment of Peacekeeping Operations 

12 should not be tasked with activities that 

13 are impractical or unachievable without the 

14 cooperation of the Member State(s) 

15 hosting a United Nations peacekeeping op16 eration, or which amount to de-facto 

17 Trusteeship outside of the procedures es18 tablished for such under chapter XII of the 

19 United Nations Charter, thereby creating 

20 unrealistic expectations and obfuscating 

21 the primary responsibility of the Member 

22 States themselves in creating and main23 taining conditions for peace. 

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1 (ii) Long-standing operations that are 

2 static and cannot fulfill their mandate 

3 should be downsized or closed. 

4 (iii) Where there is legitimate concern 

5 that the withdrawal from a country of an 

6 otherwise static United Nations peace7 keeping operation would result in the re8 sumption of major conflict, a burden-shar9 ing arrangement that reduces the level of 

10 assessed contributions, similar to that cur11 rently supporting the United Nations 

12 Peacekeeping Force in Cyprus, should be 

13 explored and instituted. 

14 (D) LEADERSHIP.—As peacekeeping oper15 ations become larger and increasingly complex, 

16 the Secretariat should adopt a minimum stand17 ard of qualifications for senior leaders and 

18 managers, with particular emphasis on specific 

19 skills and experience, and current senior leaders 

20 and managers who do not meet those standards 

21 should be removed. 

22 (E) PRE-DEPLOYMENT TRAINING.—Pre-de23 ployment training on interpretation of the man24 date of the operation, specifically in the areas 

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1 ditions, the Code of Conduct, HIV/AIDS, and 

2 human rights should be mandatory, and all per3 sonnel, regardless of category or rank, should 

4 be required to sign an oath that each has re5 ceived and understands such training as a con6 dition of participation in the operation. 

7 (F) GRATIS MILITARY PERSONNEL.—The 

8 General Assembly should seek to strengthen the 

9 capacity the United Nations Department of 

10 Peacekeeping Operations and ease the extraor11 dinary burden currently placed upon the limited 

12 number of headquarters staff by lifting restric13 tions on the utilization of gratis military per14 sonnel by the Department so that the Depart15 ment may accept secondments from Member 

16 States of military personnel with expertise in 

17 mission planning, logistics, and other oper18 ational specialties. 

19 (2) CONDUCT AND DISCIPLINE.— 

20 (A) ADOPTION OF A UNIFORM CODE OF

21 CONDUCT.—A single, uniform Code of Conduct 

22 that has the status of a binding rule and ap23 plies equally to all personnel serving in United 

24 Nations peacekeeping operations, regardless of 

25 category or rank, including military personnel, 

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1 should be adopted and incorporated into legal 

2 documents governing participation in such an 

3 operation, including all contracts and Memoran4 dums of Understanding, promulgated and effec5 tively enforced. 

6 (B) UNDERSTANDING THE CODE OF CON7 DUCT.—All personnel, regardless of category or 

8 rank, should receive training on the Code of 

9 Conduct prior to deployment with a peace10 keeping operation, in addition to periodic fol11 low-on training. In particular— 

12 (i) all personnel, regardless of cat13 egory or rank, should be provided with a 

14 personal copy of the Code of Conduct that 

15 has been translated into the national lan16 guage of such personnel, regardless of 

17 whether such language is an official lan18 guage of the United Nations; 

19 (ii) all personnel, regardless of cat20 egory or rank, should sign an oath that 

21 each has received a copy of the Code of 

22 Conduct, that each pledges to abide by the 

23 Code of Conduct, and that each under24 stands the consequences of violating the 

25 Code of Conduct, including immediate termstockstill on PROD1PC66 with BILLS

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1 mination of participation in and permanent 

2 exclusion from all current and future 

3 peacekeeping operations , as well as the as4 sumption of personal liability for victims 

5 compensation, as a condition of appoint6 ment to any such operation; and 

7 (iii) peacekeeping operations should 

8 conduct educational outreach programs to 

9 reach local communities where peace10 keeping personnel of such operations are 

11 based, including explaining prohibited acts 

12 on the part of United Nations peace13 keeping personnel and identifying the indi14 vidual to whom the local population may 

15 direct complaints or file allegations of ex16 ploitation, abuse, or other acts of mis17 conduct. 

18 (C) MONITORING MECHANISMS.—Dedi19 cated monitoring mechanisms, such as the Con20 duct and Discipline Units already deployed to 

21 support United Nations peacekeeping oper22 ations in Haiti, Sudan, Kosovo, Burundi, Libe23 ria, Lebanon, Timor Leste, Cote d’Ivoire, West24 ern Sahara, and the Democratic Republic of 

25 Congo, should be present in each operation to 

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1 monitor compliance with the Code of Conduct, 

2 and— 

3 (i) should report simultaneously to the 

4 Head of Mission, the United Nations De5 partment of Peacekeeping Operations, and 

6 the Associate Director of OIOS for Peace7 keeping Operations (established under sec8 tion 1114(b)(9)); and 

9 (ii) should be tasked with designing 

10 and implementing mission-specific meas11 ures to prevent misconduct, conduct follow12 on training for personnel, coordinate com13 munity outreach programs, and assist in 

14 investigations, as OIOS determines nec15 essary and appropriate. 

16 (D) INVESTIGATIONS.—A permanent, pro17 fessional, and independent investigative body 

18 should be established and introduced into 

19 United Nations peacekeeping operations. In 

20 particular— 

21 (i) the investigative body should in22 clude professionals with experience in in23 vestigating sex crimes and the illegal ex24 ploitation of resources, as appropriate, as 

25 well as experts who can provide guidance 

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1 on standards of proof and evidentiary re2 quirements necessary for any subsequent 

3 legal action; 

4 (ii) provisions should be included in 

5 all Memorandums of Understanding, in6 cluding a Model Memorandum of Under7 standing, that obligate Member States that 

8 contribute troops to a peacekeeping oper9 ation to designate a military prosecutor 

10 who will participate in any investigation 

11 into credible allegations of misconduct 

12 brought against an individual of such 

13 Member State, so that evidence is collected 

14 and preserved in a manner consistent with 

15 the military law of such Member State; 

16 (iii) the investigative body should be 

17 regionally based to ensure rapid deploy18 ment and should be equipped with modern 

19 forensics equipment for the purpose of 

20 positively identifying perpetrators and, 

21 where necessary, for determining paternity; 

22 and 

23 (iv) the investigative body should re24 port directly to the Associate Director of 

25 OIOS for Peacekeeping Operations, while 

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1 providing copies of any reports to the De2 partment of Peacekeeping Operations, the 

3 Head of Mission, and the Member State 

4 concerned. 

5 (E) FOLLOW-UP.—The Conduct and Dis6 cipline Team in the headquarters of the United 

7 Nations Department of Peacekeeping Oper8 ations should be appropriately staffed, 

9 resourced, and tasked with— 

10 (i) promulgating measures to prevent 

11 misconduct; 

12 (ii) receiving reports by field per13 sonnel and coordinating the Department’s 

14 response to allegations of misconduct; 

15 (iii) gathering follow-up information 

16 on completed investigations, particularly by 

17 focusing on disciplinary actions against the 

18 individual concerned taken by the United 

19 Nations or by the Member State that is 

20 contributing troops to which such indi21 vidual belongs, and sharing such informa22 tion with the Security Council, the Head of 

23 Mission, and the community hosting the 

24 peacekeeping operation; and 

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1 (iv) contributing pertinent data on 

2 conduct and discipline to the data base re3 quired pursuant to subparagraph (H). 

4 (F) FINANCIAL LIABILITY AND VICTIMS

5 ASSISTANCE.—Although peacekeeping oper6 ations should provide immediate medical assist7 ance to victims of sexual abuse or exploitation, 

8 the responsibility for providing longer-term 

9 treatment, care, or restitution lies solely with 

10 the individual found guilty of the misconduct. 

11 In particular, the following reforms should be 

12 implemented: 

13 (i) The United Nations should not as14 sume responsibility for providing long-term 

15 treatment or compensation by creating a 

16 ‘‘Victims Trust Fund’’, or any other such 

17 similar fund, financed through assessed 

18 contributions to United Nations peace19 keeping operations, thereby shielding indi20 viduals from personal liability and rein21 forcing an atmosphere of impunity. 

22 (ii) If an individual responsible for 

23 misconduct has been repatriated, reas24 signed, redeployed, or is otherwise unable 

25 to provide assistance, responsibility for 

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1 providing assistance to a victim should be 

2 assigned to the Member State that contrib3 uted the contingent to which such indi4 vidual belonged or to the manager con5 cerned. 

6 (iii) In the case of misconduct by a 

7 member of a military contingent, appro8 priate funds shall be withheld from the 

9 troop contributing country concerned. 

10 (iv) In the case of misconduct by a ci11 vilian employee or contractor of the United 

12 Nations, appropriate wages shall be gar13 nished from such individual or fines shall 

14 be imposed against such individual, con15 sistent with existing United Nations Staff 

16 Rules, and retirement funds shall not be 

17 shielded from liability. 

18 (G) MANAGERS AND COMMANDERS.—The 

19 manner in which managers and commanders 

20 handle cases of misconduct by those serving 

21 under them should be included in their indi22 vidual performance evaluations, so that man23 agers and commanders who take decisive action 

24 to deter and address misconduct are rewarded, 

25 while those who create a permissive environmstockstill on PROD1PC66 with BILLS

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1 ment or impede investigations are penalized or 

2 relieved of duty, as appropriate. 

3 (H) DATA BASE.—A centralized data base, 

4 including personnel photos and fingerprints, 

5 should be created and maintained within the 

6 United Nations Department of Peacekeeping 

7 Operations, the Office of Field Support, and 

8 other relevant United Nations bodies without 

9 further delay to track cases of misconduct, in10 cluding the outcome of investigations and sub11 sequent prosecutions, to ensure that personnel 

12 who have engaged in misconduct or other crimi13 nal activities, regardless of category or rank, 

14 are permanently barred from participation in 

15 future peacekeeping operations. 

16 (I) COOPERATION OF MEMBER STATES.— 

17 If a Member State routinely refuses to cooper18 ate with the directives contained herein or acts 

19 to shield its nationals from personal liability, 

20 that Member State should be barred from con21 tributing troops or personnel to future peace22 keeping operations. 

23 (J) WELFARE.—Peacekeeping operations 

24 should continue to seek to maintain a minimum 

25 standard of welfare for mission personnel to 

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1 ameliorate conditions of service, while adjust2 ments are made to the discretionary welfare 

3 payments currently provided to Member States 

4 that contribute troops to offset the cost of oper5 ation-provided recreational facilities, as nec6 essary and appropriate. 

7 SEC. 673. CERTIFICATION. 

8 (a) NEW OR EXPANDED PEACEKEEPING OPER9 ATIONS CONTINGENT UPON PRESIDENTIAL CERTIFI10 CATION OF PEACEKEEPING OPERATIONS REFORMS.— 

11 (1) NO NEW OR EXPANDED PEACEKEEPING OP12 ERATIONS.— 

13 (A) CERTIFICATION.—Except as provided 

14 in subparagraph (B), until the Secretary of 

15 State certifies that the requirements described 

16 in paragraph (2) have been satisfied, the Presi17 dent shall direct the United States Permanent 

18 Representative to the United Nations to use the 

19 voice, vote, and influence of the United States 

20 at the United Nations to oppose the creation of 

21 new, or expansion of existing, United Nations 

22 peacekeeping operations. 

23 (B) EXCEPTION AND NOTIFICATION.—The 

24 requirements described under paragraph (2) 

25 may be waived with respect to a particular 

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1 peacekeeping operation if the President deter2 mines that failure to deploy new or additional 

3 peacekeepers in such situation will significantly 

4 contribute to the widespread loss of human life, 

5 genocide, or the endangerment of a vital na6 tional security interest of the United States. If 

7 the President makes such a determination, the 

8 President shall, not later than 15 days before 

9 the exercise of such waiver, notify the appro10 priate congressional committees of such deter11 mination and resulting waiver. 

12 (2) CERTIFICATION OF PEACEKEEPING OPER13 ATIONS REFORMS.—The certification referred to in 

14 paragraph (1) is a certification made by the Sec15 retary to the appropriate congressional committees 

16 that the following reforms, or an equivalent set of 

17 reforms, related to peacekeeping operations have 

18 been adopted by the United Nations Department of 

19 Peacekeeping Operations or the General Assembly, 

20 as appropriate: 

21 (A) A single, uniform Code of Conduct 

22 that has the status of a binding rule and ap23 plies equally to all personnel serving in United 

24 Nations peacekeeping operations, regardless of 

25 category or rank, has been adopted by the Genmstockstill on PROD1PC66 with BILLS

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1 eral Assembly and duly incorporated into all 

2 contracts and a Model Memorandum of Under3 standing, and mechanisms have been estab4 lished for training such personnel concerning 

5 the requirements of the Code and enforcement 

6 of the Code. 

7 (B) All personnel, regardless of category or 

8 rank, serving in a peacekeeping operation have 

9 been trained concerning the requirements of the 

10 Code of Conduct and each has been given a per11 sonal copy of the Code, translated into the na12 tional language of such personnel. 

13 (C) All personnel, regardless of category or 

14 rank, are required to sign an oath that each has 

15 received a copy of the Code of Conduct, that 

16 each pledges to abide by the Code, and that 

17 each understands the consequences of violating 

18 the Code, including immediate termination of 

19 participation in and permanent exclusion from 

20 all current and future peacekeeping operations, 

21 as well as the assumption of personal liability 

22 for victims compensation as a condition of the 

23 appointment to such operation. 

24 (D) All peacekeeping operations have de25 signed and implemented educational outreach 

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1 programs to reach local communities where 

2 peacekeeping personnel of such operations are 

3 based to explain prohibited acts on the part of 

4 United Nations peacekeeping personnel and to 

5 identify the individual to whom the local popu6 lation may direct complaints or file allegations 

7 of exploitation, abuse, or other acts of mis8 conduct. 

9 (E) The creation of a centralized data 

10 base, including personnel photos and finger11 prints, has been completed and is being main12 tained in the United Nations Department of 

13 Peacekeeping Operations that tracks cases of 

14 misconduct, including the outcomes of inves15 tigations and subsequent prosecutions, to en16 sure that personnel, regardless of category or 

17 rank, who have engaged in misconduct or other 

18 criminal activities are permanently barred from 

19 participation in future peacekeeping operations. 

20 (F) A Model Memorandum of Under21 standing between the United Nations and each 

22 Member State that contributes troops to a 

23 peacekeeping operation has been adopted by the 

24 United Nations Department of Peacekeeping 

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1 Operations that specifically obligates each such 

2 Member State to— 

3 (i) uphold the uniform Code of Con4 duct which shall apply equally to all per5 sonnel serving in United Nations peace6 keeping operations, regardless of category 

7 or rank; 

8 (ii) designate a competent legal au9 thority, preferably a prosecutor with exper10 tise in the area of sexual exploitation and 

11 abuse where appropriate, to participate in 

12 any investigation into an allegation of mis13 conduct brought against an individual of 

14 such Member State; 

15 (iii) refer to its competent national or 

16 military authority for possible prosecution, 

17 if warranted, any investigation of a viola18 tion of the Code of Conduct or other crimi19 nal activity by an individual of such Mem20 ber State; 

21 (iv) report to the Department of 

22 Peacekeeping Operations on the outcome 

23 of any such investigation; 

24 (v) undertake to conduct on-site court 

25 martial proceedings, where practical and 

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1 appropriate, relating to allegations of mis2 conduct alleged against an individual of 

3 such Member State; and 

4 (vi) assume responsibility for the pro5 vision of appropriate assistance to a victim 

6 of misconduct committed by an individual 

7 of such Member State. 

8 (G) A professional and independent inves9 tigative and audit function has been established 

10 within the United Nations Department of 

11 Peacekeeping Operations and the OIOS to mon12 itor United Nations peacekeeping operations. 

13 TITLE VII—WESTERN HEMI14 SPHERE COUNTERTER15 RORISM AND NONPROLIFERA16 TION ACT OF 2009 

17 SEC. 701. SHORT TITLE; DEFINITIONS. 

18 (a) SHORT TITLE.—This title may be cited as the 

19 ‘‘Western Hemisphere Counterterrorism and Non20 proliferation Act of 2009’’. 

21 (b) DEFINITIONS.—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 Homeland Security of the 

3 House of Representatives; and 

4 (B) the Committee on Foreign Relations 

5 and the Committee on Homeland Security and 

6 Governmental Affairs of the Senate. 

7 (2) NONHUMANITARIAN ASSISTANCE.—The 

8 term ‘‘nonhumanitarian assistance’’ means— 

9 (A) any assistance under the Foreign As10 sistance Act of 1961 (including programs under 

11 title IV of chapter 2 of part I of such Act, re12 lating to the Overseas Private Investment Cor13 poration), other than— 

14 (i) disaster relief assistance, including 

15 any assistance under chapter 9 of part I of 

16 such Act; 

17 (ii) assistance which involves the pro18 vision of food (including monetization of 

19 food) or medicine; and 

20 (iii) assistance for refugees; 

21 (B) sales, or financing on any terms, under 

22 the Arms Export Control Act; and 

23 (C) financing under the Export-Import 

24 Bank Act of 1945. 

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1 (3) STATE SPONSOR OF TERRORISM.—The term 

2 ‘‘state sponsor of terrorism’’ means a country the 

3 government of which has been determined by the 

4 Secretary of State, for purposes of section 6(j) of 

5 the Export Administration Act of 1979, section 

6 620A of the Foreign Assistance Act of 1961, section 

7 40 of the Arms Export Control Act, or other provi8 sion of law, is a government that has repeatedly pro9 vided support for acts of international terrorism. 

10 Subtitle A—Counterterrorism in 

11 the Western Hemisphere 

12 SEC. 711. STATEMENT OF POLICY REGARDING REGIONAL 

13 EFFORTS TO COUNTER TERRORISM IN THE 

14 WESTERN HEMISPHERE. 

15 To enhance the security of the Western Hemisphere 

16 and bolster regional capacity to counter terrorism, it shall 

17 be the policy of the United States to promote the signing, 

18 ratification, and implementation by all countries in the 

19 Western Hemisphere of the following: 

20 (1) OAS AG/RES. 1840 (XXXII–O/02) Inter21 American Convention Against Terrorism. 

22 (2) Financial Action Task Force (FATF) 40 

23 Recommendations on Money Laundering (ML) and 

24 9 Special Recommendations (SR) on Terrorist Fi25 nancing (TF). 

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1 (3) The 1963 ICAO Convention on Offences 

2 and Certain Other Acts Committed on Board Air3 craft. 

4 (4) The 1970 ICAO Convention for the Sup5 pression of Unlawful Seizure of Aircraft. 

6 (5) The 1971 ICAO Convention for the Sup7 pression of Unlawful Acts Against the Safety of Civil 

8 Aviation. 

9 (6) The 1973 United Nations Convention on 

10 the Prevention and Punishment of Crimes Against 

11 Internationally Protected Person, including Diplo12 matic Agents. 

13 (7) The 1979 United Nations International 

14 Convention Against the Taking of Hostages. 

15 (8) The 1988 ICAO Protocol for the Suppres16 sion of Unlawful Acts of Violence at Airports Serv17 ing International Civil Aviation, Supplementary to 

18 the Convention for the Suppression of Unlawful Acts 

19 Against the Safety of Civil Aviation. 

20 (9) The 1988 IMO Convention for the Suppres21 sion of Unlawful Acts against the Safety of Mari22 time Navigation. 

23 (10) The 1988 IMO Protocol for the Suppres24 sion of Unlawful Acts against the Safety of Fixed 

25 Platforms Located on the Continental Shelf. 

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1 (11) The 1991 ICAO Convention on the Mark2 ing of Plastic Explosives for the Purpose of Detec3 tion. 

4 (12) The 1997 United Nations International 

5 Convention for the Suppression of Terrorist Bomb6 ings. 

7 (13) The 1999 United Nations International 

8 Convention for the Suppression of the Financing of 

9 Terrorism. 

10 (14) The 2001 United Nations S/Res/1373 Cre11 ation of Counter Terrorism Committee (CTC). 

12 (15) The 2005 United Nations S/Res/1624 Pro13 hibition of incitement to commit terrorist act or 

14 acts. 

15 SEC. 712. AMENDMENTS TO ANNUAL COUNTRY REPORTS 

16 ON TERRORISM. 

17 Section 140(b) of the Foreign Relations Authoriza18 tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. 

19 2656f(b)) is amended— 

20 (1) in paragraph (4)(D), by striking ‘‘and’’ at 

21 the end; 

22 (2) in paragraph (5), by striking the period at 

23 the end and inserting ‘‘; and’’; 

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1 (3) by redesignating the second paragraph (3) 

2 and the second paragraph (4) as paragraphs (6) and 

3 (7), respectively; 

4 (4) in paragraph (6), as so redesignated, by 

5 striking ‘‘and’’ at the end; 

6 (5) in paragraph (7), as so redesignated, by 

7 striking the period at the end; and 

8 (6) by adding after such paragraph (7) the fol9 lowing new paragraphs: 

10 ‘‘(8) a comprehensive assessment of all United 

11 States assistance available to combat terrorism in 

12 each country that is a subject of such report; and 

13 ‘‘(9) with respect to countries in the Western 

14 Hemisphere that are the subjects of such report, the 

15 level in each such country of threat posed by radical 

16 Islamist terrorism.’’. 

17 SEC. 713. AMENDMENTS TO ANNUAL DETERMINATION PRO18 CEDURES. 

19 Section 706 of the Foreign Relations Authorization 

20 Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 

21 2291j–1) is amended— 

22 (1) in paragraph (2)— 

23 (A) in subparagraph (A)(ii); by striking 

24 ‘‘and’’ at the end; 

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1 (B) by redesignating subparagraph (B) as 

2 subparagraph (C); 

3 (C) by inserting after subparagraph (A) 

4 the following new subparagraph: 

5 ‘‘(B) designate each country, if any, identi6 fied in such report in which a link has been de7 termined to exist between illicit drug trafficking 

8 and a designated foreign terrorist organization 

9 and that has failed demonstrably, during the 

10 previous 12 months, to make substantial ef11 forts— 

12 ‘‘(i) to adhere to its obligations under 

13 international counterterrorism agreements; 

14 and 

15 ‘‘(ii) to implement effective counter16 terrorism measures, including action on 

17 such issues as the rule of law, denying safe 

18 haven to terrorists, financing and money 

19 laundering, and law enforcement; and’’; 

20 and 

21 (D) in subparagraph (C), as so redesig22 nated, by inserting before the period at the end 

23 the following: ‘‘under subparagraph (A) or 

24 (B)’’; 

25 (2) in paragraph (3)— 

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1 (A) in subparagraph (A), by striking ‘‘or’’ 

2 at the end; 

3 (B) in subparagraph (B)(ii), by striking 

4 the period at the end and inserting ‘‘; or’’; and 

5 (C) by adding at the end the following new 

6 subparagraph: 

7 ‘‘(C) subsequent to the designation being 

8 made under paragraph (2)(B), the country has 

9 made substantial efforts— 

10 ‘‘(i) to adhere to its obligations under 

11 international counterterrorism agreements; 

12 and 

13 ‘‘(ii) to implement effective counter14 terrorism measures, including action on 

15 such issues as the rule of law, denying safe 

16 haven to terrorists, financing and money 

17 laundering, and law enforcement.’’; 

18 (3) by redesignating paragraph (8) as para19 graph (9); and 

20 (4) by inserting after paragraph (7) the fol21 lowing new paragraph: 

22 ‘‘(8) BILATERAL AGREEMENTS.—If a country 

23 designated under subparagraphs (A) and (B) of 

24 paragraph (2) does not receive a determination 

25 under subparagraphs (B) or (C) of paragraph (3), 

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1 the Secretary of State shall negotiate with such 

2 country a bilateral agreement describing actions to 

3 be taken by the United States and such country to 

4 satisfy such determinations during the one year pe5 riod following such a designation. Such a bilateral 

6 agreement should include a needs assessment, a bi7 lateral action plan, the provision of United States 

8 training and assistance, the use of International 

9 Law Enforcement Academy facilities in the region, 

10 and an exchange of model laws and best practices.’’. 

11 SEC. 714. AMENDMENT TO INTERNATIONAL NARCOTICS 

12 CONTROL STRATEGY REPORT. 

13 Section 489(a) of the Foreign Assistance Act of 1961 

14 (22 U.S.C. 2291h(a)) is amended by adding at the end 

15 the following new paragraph: 

16 ‘‘(9) A separate section that contains informa17 tion relating to any links between illicit narcotics 

18 trafficking or money laundering and terrorists, ter19 rorist acts, or designated foreign terrorist organiza20 tions (as such term is used in section 219 of the Im21 migration and Nationality Act (8 U.S.C. 1189)), 

22 and any actions taken by the United States Govern23 ment or foreign government to address such links.’’. 

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1 SEC. 715. UNITED STATES EFFORTS IN THE WESTERN 

2 HEMISPHERE. 

3 (a) DETERMINATION.—For any country in the West4 ern Hemisphere that the President has determined— 

5 (1) is engaged in military cooperation with a 

6 state sponsor of terrorism, 

7 (2) is engaged in nonmarket-based trade with a 

8 state sponsor of terrorism, 

9 (3) is carrying out policies that threaten United 

10 States national security interests, or 

11 (4) is not fully cooperating with United States 

12 counterterrorism or nonproliferation efforts, 

13 the President is authorized to impose any of the sanctions 

14 described in subsection (b). 

15 (b) SANCTIONS.—For any country in the Western 

16 Hemisphere with respect to which the President has made 

17 a determination in accordance with subsection (a), the 

18 President is authorized to— 

19 (1) suspend United States nonhumanitarian 

20 foreign assistance to the government of that country; 

21 and 

22 (2) prohibit the sale, provision, or transfer of 

23 articles, including the issuance of any specific license 

24 or grant of any other specific permission or author25 ity to export any goods or technology under— 

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1 (A) the Export Administration Act of 

2 1979; 

3 (B) the Arms Export Control Act; 

4 (C) the Atomic Energy Act of 1954; or 

5 (D) any other statute that requires the 

6 prior review and approval of the United States 

7 Government as a condition for the export or re8 export of goods or services. 

9 SEC. 716. INTERNATIONAL LAW ENFORCEMENT ACADEMY 

10 IN SAN SALVADOR, EL SALVADOR. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that the International Law Enforcement Academy 

13 (ILEA) in San Salvador, El Salvador, should continue to 

14 serve as a critical component of United States regional 

15 counterterrorism efforts. 

16 (b) NEGOTIATION.—The Secretary of State shall ne17 gotiate with the appropriate agency entities to ensure that 

18 counterterrorism, including radical Islamist extremism 

19 within the Western Hemisphere, nonproliferation, and 

20 border security courses are instituted as part of the core 

21 curriculum at the International Law Enforcement Acad22 emy in San Salvador. 

23 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated such sums as may be 

25 necessary to— 

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1 (1) complete all physical aspects of the ILEA 

2 facility in San Salvador; and 

3 (2) implement the ILEA Global Network. 

4 SEC. 717. ACTIONS REGARDING THE ORGANIZATION OF 

5 AMERICAN STATES. 

6 (a) DECLARATION REGARDING TERRORISM.—The 

7 Secretary of State shall direct the United States Rep8 resentative to the Organization of American States (OAS) 

9 to use the voice, vote, and influence of the United States 

10 at the OAS to move for a declaration at the first meeting 

11 of Member States of the OAS convened after the date of 

12 the enactment of this Act calling on countries to system13 atically deny the use of their territories by terrorists or 

14 terrorist organizations. 

15 (b) REDUCTION IN UNITED STATES CONTRIBU16 TION.— 

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

18 reduce by 50 percent the amount of the United 

19 States assessed contribution to the OAS for fiscal 

20 year 2009 and each subsequent fiscal year. 

21 (2) USE OF FUNDS.— 

22 (A) IN GENERAL.—Of the amount reduced 

23 pursuant to paragraph (1), not less than ten 

24 percent of such amount shall be added to 

25 United States voluntary contributions to each 

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1 of the organizations specified in subparagraph 

2 (B) and the remaining amount shall be used to 

3 establish and maintain the Western Hemisphere 

4 Regional Coordination Centers under section 

5 731. 

6 (B) ORGANIZATIONS SPECIFIED.—The or7 ganizations referred to in subparagraph (A) are 

8 the following: 

9 (i) The OAS Inter-American Com10 mittee Against Terrorism (CICTE). 

11 (ii) The OAS Inter-American Drug 

12 Abuse Control Commission (CICAD). 

13 SEC. 718. AMENDMENT TO DEPARTMENT OF STATE RE14 WARDS PROGRAM. 

15 Section 36(b) of the State Department Basic Au16 thorities Act of 1956 (22 U.S.C. 2708(b)) is amended— 

17 (1) in paragraph (6), by striking ‘‘or’’ at the 

18 end; 

19 (2) in paragraph (7)(B), by striking the period 

20 at the end and inserting ‘‘; or’’; and 

21 (3) by adding at the end the following new 

22 paragraph: 

23 ‘‘(8) the arrest or conviction in any country of 

24 any individual wanted on terrorism charges pursuant 

25 to red notices duly issued by Interpol, if such reward 

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1 would help advance United States interests or the 

2 interests of United States allies in the global strug3 gle against international terrorism.’’. 

4 Subtitle B—Nonproliferation of Nu5 clear, Chemical, and Biological 

6 Weapons in the Western Hemi7 sphere 

8 SEC. 721. STATEMENT OF POLICY REGARDING THE PRO9 LIFERATION OF WEAPONS-RELATED NU10 CLEAR, CHEMICAL, AND BIOLOGICAL MATE11 RIALS, TECHNOLOGY, AND FACILITIES. 

12 (a) IN GENERAL.—To enhance the prevention of the 

13 proliferation of weapons-related nuclear, chemical, and bi14 ological materials, technology, and facilities, it shall be the 

15 policy of the United States to— 

16 (1) promote the negotiation and implementation 

17 by all countries of— 

18 (A) a comprehensive safeguards agreement 

19 with the International Atomic Energy Agency 

20 (IAEA); and 

21 (B) an Additional Protocol to the safe22 guards agreement; 

23 (2) secure guarantees by all countries of unre24 stricted access by IAEA personnel to all nuclear-remstockstill on PROD1PC66 with BILLS

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1 lated materials and facilities in territories under the 

2 control of the host country; 

3 (3) promote the implementation by all countries 

4 of United Nations Security Council Resolution 1540; 

5 and 

6 (4) promote the accession to and ratification 

7 and implementation of— 

8 (A) the Convention on the Prohibition of 

9 the Development, Production, Stockpiling and 

10 Use of Chemical Weapons and on their De11 struction (also referred to as the Chemical 

12 Weapons Convention); 

13 (B) the 1980 IAEA Convention on the 

14 Physical Protection of Nuclear Material; 

15 (C) the 2005 United Nations International 

16 Convention for the Suppression of Acts of Nu17 clear Terrorism; and 

18 (D) the Convention on the Prohibition of 

19 the Development and Stockpiling of Bacterio20 logical (Biological) and Toxin Weapons and on 

21 their Destruction (also referred to as the Bio22 logical Weapons Convention). 

23 (b) ADDITIONAL PROTOCOL DEFINED.—In this sec24 tion, the term ‘‘Additional Protocol’’ means the Protocol 

25 Additional to an agreement between a country and the 

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1 International Atomic Energy Agency for the Application 

2 of Safeguards. 

3 SEC. 722. STATEMENT OF POLICY REGARDING THE SMALL 

4 QUANTITIES PROTOCOL. 

5 Because a Small Quantities Protocol (SQP) sets 

6 aside many of the operative provisions of a general safe7 guards agreement, the ability of the IAEA to verify that 

8 nuclear materials and facilities in a country with an SQP 

9 are not being diverted for illicit purposes is significantly 

10 impaired. For this reason, it shall be the policy of the 

11 United States to— 

12 (1) oppose the negotiation by the IAEA of an 

13 SQP for any country that did not have an SQP as 

14 of January 1, 2008; and 

15 (2) encourage every country with an SQP to 

16 withdraw formally from or renegotiate that agree17 ment for the purpose of increasing transparency and 

18 eliminating any exemption or provision that could 

19 restrict the ability of the IAEA to verify that a 

20 country’s nuclear materials and facilities are not 

21 being diverted to impermissible uses. 

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1 SEC. 723. SECURING ADHERENCE TO AGREEMENTS RE2 GARDING NUCLEAR NONPROLIFERATION BY 

3 COUNTRIES IN THE WESTERN HEMISPHERE. 

4 (a) IN GENERAL.—The President shall use all avail5 able political, economic, and diplomatic tools to ensure 

6 that each country in the Western Hemisphere— 

7 (1) has signed and implemented a comprehen8 sive safeguards agreement with the IAEA; 

9 (2) has signed and implemented an Additional 

10 Protocol to its safeguards agreement; 

11 (3) guarantees unrestricted access for IAEA 

12 personnel to all nuclear-related facilities; 

13 (4) has implemented the provisions of United 

14 Nations Security Council Resolution 1540; 

15 (5) has acceded to, ratified, and fully imple16 mented the conventions referred to in section 

17 l22(a)(4); 

18 (6) does not negotiate with the IAEA an SQP 

19 if that country did not have an SQP as of January 

20 1, 2008; and 

21 (7) withdraws formally from or renegotiates an 

22 SQP agreement if a country has such an agreement. 

23 (b) SANCTIONS.—For any Western Hemisphere 

24 country that has not satisfied all of the requirements spec25 ified in subsection (a), the President is authorized to— 

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1 (1) suspend United States nonhumanitarian 

2 foreign assistance to the government of that country; 

3 and 

4 (2) prohibit the sale, provision, or transfer of 

5 articles, including the issuance of any specific license 

6 or grant of any other specific permission or author7 ity to export any goods or technology under— 

8 (A) the Export Administration Act of 

9 1979; 

10 (B) the Arms Export Control Act; 

11 (C) the Atomic Energy Act of 1954; or 

12 (D) any other statute that requires the 

13 prior review and approval of the United States 

14 Government as a condition for the export or re15 export of goods or services. 

16 SEC. 724. HALTING THE PROLIFERATION OF NUCLEAR 

17 FUEL FABRICATION. 

18 (a) STATEMENT OF POLICY.—It shall be the policy 

19 of the United States to oppose the development or acquisi20 tion by any country of a capacity to fabricate nuclear fuel 

21 if such country did not have such capacity as of January 

22 1, 2008. 

23 (b) PREVENTION OF CAPACITY TO FABRICATE NU24 CLEAR FUEL.—The President shall use all available polit25 ical, economic, and diplomatic tools, and shall use the 

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1 voice, vote, and influence of the United States in all inter2 national organizations and associations of which it is a 

3 member, including the IAEA and the Nuclear Suppliers 

4 Group, to prevent the development or acquisition by any 

5 country of a capacity to fabricate nuclear fuel if such 

6 country did not have such capacity as of January 1, 2008. 

7 (c) NUCLEAR TECHNICAL COOPERATION WITH THE

8 IAEA.—The President shall direct the United States Per9 manent Representative to the IAEA to use the voice, vote, 

10 and influence of the United States at the IAEA to block 

11 the allocation of funds for any IAEA development, envi12 ronmental, or nuclear science assistance or activity to a 

13 country the government of which— 

14 (1) the Secretary of State has determined, for 

15 purposes of section 6(j) of the Export Administra16 tion Act of 1979, section 620A of the Foreign As17 sistance Act of 1961, section 40 of the Arms Export 

18 Control Act, or other provision of law, is a govern19 ment that has repeatedly provided support for acts 

20 of international terrorism; 

21 (2) is actively cooperating with a government as 

22 described in paragraph (1); 

23 (3) is under investigation for a breach of or 

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1 poses and principles of the Charter of the United 

2 Nations; or 

3 (4) is in violation of its IAEA obligations or the 

4 purposes and principles of the Charter of the United 

5 Nations. 

6 SEC. 725. COOPERATION WITH THE PROLIFERATION SECU7 RITY INITIATIVE. 

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

9 (1) From its inception on May 31, 2003, the 

10 Proliferation Security Initiative, also referred to as 

11 the PSI, has repeatedly demonstrated its effective12 ness in preventing the proliferation of weapons of 

13 mass destruction. 

14 (2) In his February 11, 2004, address at the 

15 National Defense University regarding additional 

16 measures to enhance global efforts against the pro17 liferation of weapons of mass destruction President 

18 Bush proposed that ‘‘the work of the Proliferation 

19 Security Initiative be expanded to address more than 

20 shipments and transfers. Building on the tools we’ve 

21 developed to fight terrorists, we can take direct ac22 tion against proliferation networks. We need greater 

23 cooperation not just among intelligence and military 

24 services, but in law enforcement, as well. PSI par25 ticipants and other willing nations should use the 

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1 Interpol and all other means to bring to justice 

2 those who traffic in deadly weapons, to shut down 

3 their labs, to seize their materials, to freeze their as4 sets. We must act on every lead. We will find the 

5 middlemen, the suppliers and the buyers.’’. 

6 (3) The number of countries participating in 

7 PSI has steadily increased, thereby greatly enhanc8 ing its effectiveness. 

9 (4) Many countries in the Western Hemisphere 

10 formally or informally cooperate with the PSI. 

11 (5) Expanded law enforcement cooperation 

12 throughout the Western Hemisphere, including by 

13 means of greater coordination of policies, improved 

14 communications, and enhanced capabilities would 

15 significantly promote the objectives of the PSI. 

16 (b) SENSE OF CONGRESS CONCERNING STRENGTH17 ENING COOPERATION REGARDING NONPROLIFERA18 TION.—It is the sense of Congress that— 

19 (1) it is in the national security interest of the 

20 United States to establish comprehensive coopera21 tion to prevent the proliferation of nuclear, chemical, 

22 and biological materials in the Western Hemisphere; 

23 and 

24 (2) the Secretary of State should seek to secure 

25 the formal or informal cooperation by Western 

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1 Hemisphere countries for the purpose of securing 

2 the goals of the Proliferation Security Initiative an3 nounced by the President on May 31, 2003. 

4 SEC. 726. ESTABLISHMENT OF THE WESTERN HEMISPHERE 

5 NONPROLIFERATION PARTNERSHIP INITIA6 TIVE. 

7 (a) IN GENERAL.—The Secretary of State is author8 ized, in consultation with relevant United States Govern9 ment agencies, to negotiate with the leaders of the govern10 ments of countries in the Western Hemisphere on a bilat11 eral or multilateral basis, as appropriate, international 

12 agreements under which such governments work in part13 nership to establish an initiative to be known as the 

14 ‘‘Western Hemisphere Nonproliferation Partnership Ini15 tiative’’ (NPI). 

16 (b) PURPOSE.— 

17 (1) IN GENERAL.—The NPI shall— 

18 (A) encourage the establishment of con19 tacts and cooperative relationships, including 

20 the sharing of intelligence, between the respon21 sible individuals and agencies of each partici22 pant country with their counterparts in the 

23 United States Government and in other partici24 pating countries; and 

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1 (B) encourage bilateral and multilateral 

2 support, cooperation, and coordination of na3 tional programs and efforts to promote effective 

4 and in-depth cooperation to counter the illicit 

5 acquisition or trade of weapons-related nuclear, 

6 chemical, or biological materials, technology, or 

7 facilities. 

8 (2) COOPERATIVE PROGRAMS.—The cooperative 

9 programs referred to under paragraph (1)(B) shall 

10 include the following: 

11 (A) Training for government officials and 

12 agents from participating countries regarding 

13 the development and operation of NPI pro14 grams. 

15 (B) Assistance in developing a comprehen16 sive legal and regulatory framework in each 

17 country, as appropriate, to enable the establish18 ment and effective implementation of export 

19 controls and the capacity to track nuclear, 

20 chemical, and biological materials, equipment, 

21 technology, and facilities. 

22 (C) Provision of equipment, development of 

23 infrastructure, and the acquisition of other re24 sources required by participating countries to 

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1 effectively carry out the tasks referred to in 

2 subparagraphs (A) and (B). 

3 SEC. 727. PROHIBITED TRANSACTIONS. 

4 (a) IN GENERAL.—No defense article or defense serv5 ice may be sold or licensed for export under this title in 

6 a fiscal year to a foreign country that the President deter7 mines and certifies to Congress, not later than May 15 

8 of the calendar year in which such fiscal year begins, is 

9 carrying out policies aimed at undermining United States 

10 national security interests or is not cooperating fully with 

11 United States nonproliferation efforts. 

12 (b) WAIVER.—The President may waive the prohibi13 tion under subsection (a) with respect to a specific trans14 action if the President determines that such transaction 

15 is important to the national security interests of the 

16 United States. 

17 SEC. 728. RESTRICTIONS ON NUCLEAR COOPERATION WITH 

18 COUNTRIES ASSISTING THE NUCLEAR PRO19 GRAM OF VENEZUELA OR CUBA. 

20 (a) IN GENERAL.—Notwithstanding any other provi21 sion of law or any international agreement, no agreement 

22 for cooperation between the United States and the govern23 ment of any country that is assisting the nuclear program 

24 of Venezuela or Cuba or transferring advanced conven25 tional weapons or missiles to Venezuela or Cuba may be 

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1 submitted to the President or to Congress pursuant to sec2 tion 123 of the Atomic Energy Act of 1954 (42 U.S.C. 

3 2153), no such agreement may enter into force with such 

4 country, no license may be issued for export directly or 

5 indirectly to such country of any nuclear material, facili6 ties, components, or other goods, services, or technology 

7 that would be subject to such agreement, and no approval 

8 may be given for the transfer or retransfer directly or indi9 rectly to such country of any nuclear material, facilities, 

10 components, or other goods, services, or technology that 

11 would be subject to such agreement, until the President 

12 determines and reports to the Committee on Foreign Af13 fairs of the House of Representatives and the Committee 

14 on Foreign Relations of the Senate that the government 

15 of the country that is assisting the nuclear program of 

16 Venezuela or Cuba or transferring advanced conventional 

17 weapons or missiles to Venezuela or Cuba— 

18 (1) has suspended all nuclear assistance to Ven19 ezuela or Cuba and all transfers of advanced conven20 tional weapons and missiles to Venezuela or Cuba; 

21 and 

22 (2) is committed to maintaining such suspen23 sion until Venezuela or Cuba has implemented meas24 ures that would permit the President to make the 

25 determination described in paragraph (1). 

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1 (b) RULES OF CONSTRUCTION.—The restrictions de2 scribed in subsection (a)— 

3 (1) shall apply in addition to all other applica4 ble procedures, requirements, and restrictions re5 quired by the Atomic Energy Act of 1954 and any 

6 other law; and 

7 (2) shall not be construed as affecting the valid8 ity of agreements for cooperation that are in effect 

9 on the date of the enactment of this Act. 

10 (c) DEFINITIONS.—In this section: 

11 (1) AGREEMENT FOR COOPERATION.—The term 

12 ‘‘agreement for cooperation’’ has the meaning given 

13 that term in section 11 b. of the Atomic Energy Act 

14 of 1954 (42 U.S.C. 2014 b.). 

15 (2) ASSISTING THE NUCLEAR PROGRAM OF

16 VENEZUELA OR CUBA.—The term ‘‘assisting the nu17 clear program of Venezuela or Cuba’’ means the in18 tentional transfer to Venezuela or Cuba by a govern19 ment, or by a person subject to the jurisdiction of 

20 a government with the knowledge and acquiescence 

21 of such government, of goods, services, or technology 

22 listed on the Nuclear Suppliers Group Guidelines for 

23 the Export of Nuclear Material, Equipment and 

24 Technology (published by the International Atomic 

25 Energy Agency as Information Circular INFCIRC/ 

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1 254/Rev. 3/Part 1, and subsequent revisions) or 

2 Guidelines for Transfers of Nuclear-Related Dual3 Use Equipment, Material, and Related Technology 

4 (published by the International Atomic Energy 

5 Agency as Information Circular INFCIR/254/Rev. 3/ 

6 Part 2, and subsequent revisions). 

7 (3) COUNTRY THAT IS ASSISTING THE NU8 CLEAR PROGRAM OF VENEZUELA OR CUBA OR

9 TRANSFERRING ADVANCED CONVENTIONAL WEAP10 ONS OR MISSILES TO VENEZUELA OR CUBA.—The 

11 term ‘‘country that is assisting the nuclear program 

12 of Venezuela or Cuba or transferring advanced con13 ventional weapons or missiles to Venezuela or Cuba’’ 

14 means— 

15 (A) Russia; and 

16 (B) any other country determined by the 

17 President to be assisting the nuclear program 

18 of Venezuela or Cuba or transferring advanced 

19 conventional weapons or missiles to Venezuela 

20 or Cuba. 

21 (4) TRANSFERRING ADVANCED CONVENTIONAL

22 WEAPONS OR MISSILES TO VENEZUELA OR CUBA.— 

23 The term ‘‘transferring advanced conventional weap24 ons or missiles to Venezuela or Cuba’’ means the in25 tentional transfer to Venezuela or Cuba by a governmstockstill on PROD1PC66 with BILLS

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1 ment, or by a person subject to the jurisdiction of 

2 a government with the knowledge and acquiescence 

3 of such government, of goods, services, or technology 

4 listed on— 

5 (A) the Wassenaar Arrangement list of 

6 Dual Use Goods and Technologies and Muni7 tions list of July 12, 1996, and subsequent revi8 sions; or 

9 (B) the Missile Technology Control Regime 

10 Equipment and Technology Annex of June 11, 

11 1996, and subsequent revisions. 

12 Subtitle C—Western Hemisphere 

13 Regional Coordination Centers 

14 SEC. 731. ESTABLISHMENT OF THE WESTERN HEMISPHERE 

15 REGIONAL COORDINATION CENTERS. 

16 (a) SENSE OF CONGRESS.—It is the sense of Con17 gress that— 

18 (1) the United States Government should carry 

19 out a comprehensive and integrated approach to 

20 United States counterterrorism and nonproliferation 

21 efforts, both domestically and abroad; and 

22 (2) the Secretary of State should seek to en23 gage leaders of the governments of countries in the 

24 Western Hemisphere to develop a comprehensive 

25 multilateral strategy to counter current and emergmstockstill on PROD1PC66 with BILLS

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1 ing threats and prevent the proliferation of nuclear, 

2 chemical, and biological weapons. 

3 (b) PURPOSE.—Western Hemisphere Regional Co4 ordination Centers shall serve as joint operational facilities 

5 dedicated to coordinating efforts, capacity, and intel6 ligence among participating countries to counter current 

7 and emerging threats and prevent the proliferation of nu8 clear, chemical, and biological weapons throughout the 

9 Western Hemisphere. 

10 (c) ESTABLISHMENT.—The Secretary of State shall 

11 negotiate with the leaders of the governments of countries 

12 in the Western Hemisphere on a bilateral or multilateral 

13 basis, as appropriate, international agreements under 

14 which such governments work in partnership to establish 

15 centers to be known as the ‘‘Western Hemisphere Regional 

16 Coordination Centers’’ (RCC). 

17 (d) COOPERATION WITH GOVERNMENTS IN THE

18 WESTERN HEMISPHERE.— 

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

20 negotiate with— 

21 (A) the governments of countries in Cen22 tral and South America agreements for the es23 tablishment of one RCC in a country in Central 

24 America and one RCC in a country in South 

25 America; and 

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1 (B) the Government of Brazil, the Govern2 ment of Argentina, and the Government of 

3 Paraguay an agreement for the establishment 

4 of a RCC specifically in the tri-border area. 

5 (2) COORDINATION.—The Secretary of State 

6 shall negotiate with the leaders of the governments 

7 of countries in the Western Hemisphere on a bilat8 eral or multilateral basis, as appropriate, agreements 

9 under which a method is established for staffing par10 allel representatives, from each participating country 

11 or region, for each United States agency represented 

12 at the relevant RCC. 

13 (e) PARTICIPATION OF UNITED STATES GOVERN14 MENT AGENCIES.— 

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

16 consultation with the Director of National Intel17 ligence and the Secretary of Defense, shall deter18 mine which departments and agencies of the United 

19 States Government, including the Department of 

20 Defense, the Department of Energy, the Department 

21 of Homeland Security, the Department of the Treas22 ury, the Department of Justice, the Drug Enforce23 ment Agency, and the Federal Bureau of Investiga24 tion, are necessary to ensure the establishment and 

25 operation of the RCCs. The Secretary of State, in 

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1 consultation with the Director of National Intel2 ligence and the Secretary of Defense, shall negotiate 

3 agreements with the heads of such agencies to en4 sure their full participation and cooperation in such 

5 establishment and operation. 

6 (2) ASSIGNMENT OF REGIONAL ATTACHES AND

7 ADVISORS.—The Secretary of State shall transfer to 

8 appropriate RCCs regional attaches and advisors 

9 serving at United States diplomatic and consular 

10 missions in the Western Hemisphere. 

11 (f) STRUCTURE.— 

12 (1) MANAGEMENT OF THE RCCS.—The Sec13 retary of State, in consultation with the Director of 

14 National Intelligence and the Secretary of Defense, 

15 shall be responsible for the management of the 

16 RCCs, including development of the budget, prior17 ities, and programs of the RCCs. 

18 (2) STAFFING AND DUTIES.—Each RCC shall 

19 have one United States Director, at least one but 

20 not more than two United States Deputy Directors, 

21 and one host country General Director. The United 

22 States Director and United States Deputy Directors 

23 may be employees of any of the United States na24 tional security agencies and shall be chosen by the 

25 Secretary of State, in consultation with the Director 

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1 of National Intelligence and Secretary of Defense. 

2 The Director and Deputy Directors of each RCC 

3 shall keep the Chief of Mission of the United States 

4 Embassies in the host country of such RCC fully in5 formed of activities and operations of such RCC. 

6 (3) RCC POLICY BOARD.— 

7 (A) ESTABLISHMENT.—There is estab8 lished the RCC Policy Board. 

9 (B) COMPOSITION.—The RCC Policy 

10 Board shall be comprised of senior representa11 tives from the departments and agencies deter12 mined by the Secretary of State, in consultation 

13 with the Director of National Intelligence and 

14 the Secretary of Defense, to be necessary to en15 sure the establishment and operation of the 

16 RCCs in accordance with subsection (e). 

17 (C) DUTIES.—The Policy Board shall 

18 monitor and provide guidance and oversight for 

19 the RCCs to ensure that their operations are 

20 consistent with United States foreign policy and 

21 law enforcement goals. 

22 (D) MEETINGS.—The Policy Board shall 

23 meet bi-monthly and shall be co-chaired by offi24 cers from the Office of the Coordinator for 

25 Counterterrorism of the Department of State 

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1 and the National Counterterrorism Center of 

2 the Office of the Director of National Intel3 ligence. 

4 SEC. 732. REGIONAL SECURITY INITIATIVE. 

5 (a) SENSE OF CONGRESS.—It is the sense of Con6 gress that the Latin America Regional Strategic Initiative 

7 (RSI) should serve as a critical component of United 

8 States regional counterterrorism and nonproliferation ef9 forts. 

10 (b) PARTICIPATION WITH THE RCCS.—The Latin 

11 America RSI shall conduct at least one inter-agency meet12 ing at one of the three RCCs each fiscal year. The Direc13 tor, a Deputy Director, or both, of each RCC shall partici14 pate in all RSI meetings organized by the Department of 

15 State. 

16 (c) REPORT.—Not later than 45 days after the con17 clusion of each RSI meeting, the Secretary of State shall 

18 submit to the appropriate congressional committees a re19 port, which shall include a classified annex if necessary, 

20 that describes— 

21 (1) the defined objectives of the RSI; 

22 (2) the extent to which such objectives have 

23 been achieved; 

24 (3) the steps taken by the United States to ac25 complish such objectives; 

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1 (4) the extent of cooperation by other countries 

2 in the Western Hemisphere toward achieving such 

3 objectives; and 

4 (5) the steps the United States will take in the 

5 subsequent months to accomplish such objectives. 

6 SEC. 733. AUTHORIZATION OF APPROPRIATIONS. 

7 There is authorized to be appropriated such sums as 

8 may be necessary for each of fiscal years 2010 and 2011 

9 and each subsequent fiscal year to carry out this subtitle. 

10 Subtitle D—Prohibitions on En11 gagement With Certain Western 

12 Hemisphere Countries 

13 SEC. 741. PROHIBITIONS ON ENGAGEMENT WITH CERTAIN 

14 WESTERN HEMISPHERE COUNTRIES. 

15 Nothing in this title shall be construed as weakening 

16 or removing any prohibitions on United States engage17 ment with or assistance to any country in the Western 

18 Hemisphere that the Secretary of State has designated as 

19 a state sponsor of terrorism for a minimum of three con20 secutive years. 

21 Subtitle E—Report 

22 SEC. 751. REPORT. 

23 (a) IN GENERAL.—Not later than one year after the 

24 date of the enactment of this Act and annually thereafter, 

25 the Secretary of State shall submit to the appropriate conmstockstill on PROD1PC66 with BILLS

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1 gressional committees a report on the activities carried out 

2 to achieve the objectives described in subtitles B and C 

3 that describe— 

4 (1) the extent to which each such objective has 

5 been achieved; 

6 (2) the steps taken by the United States and 

7 countries in the Western Hemisphere in the pre8 ceding calendar year to accomplish such objectives; 

9 (3) the extent of cooperation by other countries 

10 in the Western Hemisphere toward achieving such 

11 objectives; and 

12 (4) the steps the United States will take in the 

13 current calendar year to accomplish such objectives. 

14 (b) PREPARATION AND FORM OF REPORT.—The re15 port required under subsection (a) shall rely on public in16 formation to the extent possible, and shall include a classi17 fied annex, if necessary. 

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1 TITLE VIII—EXPORT CONTROL 

2 REFORM AND SECURITY AS3 SISTANCE 

4 Subtitle A—Defense Trade Controls 

5 Performance Improvement Act 

6 of 2009 

7 SEC. 801. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Defense Trade 

9 Controls Performance Improvement Act of 2009’’. 

10 SEC. 802. FINDINGS. 

11 Congress finds the following: 

12 (1) In a time of international terrorist threats 

13 and a dynamic global economic and security environ14 ment, United States policy with regard to export 

15 controls is in urgent need of a comprehensive review 

16 in order to ensure such controls are protecting the 

17 national security and foreign policy interests of the 

18 United States. 

19 (2) In January 2007, the Government Account20 ability Office designated the effective identification 

21 and protection of critical technologies as a govern22 ment-wide, high-risk area, warranting a strategic re23 examination of existing programs, including pro24 grams relating to arms export controls. 

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1 (3) Federal Government agencies must review 

2 licenses for export of munitions in a thorough and 

3 timely manner to ensure that the United States is 

4 able to assist United States allies and to prevent nu5 clear and conventional weapons from getting into the 

6 hands of enemies of the United States. 

7 (4) Both staffing and funding that relate to the 

8 Department of State’s arms export control respon9 sibilities have not kept pace with the increased work10 load relating to such responsibilities, especially dur11 ing the current decade. 

12 (5) Outsourcing and off-shoring of defense pro13 duction and the policy of many United States trad14 ing partners to require offsets for major sales of de15 fense and aerospace articles present a potential 

16 threat to United States national security and eco17 nomic well-being and serve to weaken the defense in18 dustrial base. 

19 (6) Export control policies can have a negative 

20 impact on United States employment, nonprolifera21 tion goals, and the health of the defense industrial 

22 base, particularly when facilitating the overseas 

23 transfer of technology or production and other forms 

24 of outsourcing, such as offsets (direct and indirect), 

25 co-production, subcontracts, overseas investment and 

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1 joint ventures in defense and commercial industries. 

2 Federal Government agencies must develop new and 

3 effective procedures for ensuring that export control 

4 systems address these problems and the threat they 

5 pose to national security. 

6 (7) In the report to Congress required by the 

7 Conference Report (Report 109–272) accompanying 

8 the bill, H.R. 2862 (the Science, State, Justice, 

9 Commerce and Related Agencies Appropriations Act, 

10 2006; Public Law 109–108), the Department of 

11 State concluded that— 

12 (A) defense trade licensing has become 

13 much more complex in recent years as a con14 sequence of the increasing globalization of the 

15 defense industry; 

16 (B) the most important challenge to the 

17 Department of State’s licensing process has 

18 been the sheer growth in volume of applicants 

19 for licenses and agreements, without the cor20 responding increase in licensing officers; and 

21 (C) the increase in licensing volume with22 out a corresponding increase in trained and ex23 perienced personnel has resulted in delays and 

24 increased processing times. 

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1 (8) In 2006, the Department of State processed 

2 over three times as many licensing applications as 

3 the Department of Commerce with about a fifth of 

4 the staff of the Department of Commerce. 

5 (9) On July 27, 2007, in testimony delivered to 

6 the Subcommittee on Terrorism, Nonproliferation 

7 and Trade of the Committee on Foreign Affairs of 

8 the House of Representatives to examine the effec9 tiveness of the United States export control regime, 

10 the Government Accountability Office found that— 

11 (A) the United States Government needs 

12 to conduct assessments to determine its overall 

13 effectiveness in the area of arms export control; 

14 and 

15 (B) the processing times of the Depart16 ment of State doubled over the period from 

17 2002 to 2006. 

18 (10)(A) Allowing a continuation of the status 

19 quo in resources for defense trade licensing could ul20 timately harm the United States defense industrial 

21 base. The 2007 Institute for Defense Analysis report 

22 entitled ‘‘Export Controls and the U.S. Defense In23 dustrial Base’’ found that the large backlog and long 

24 processing times by the Department of State for ap25 plications for licenses to export defense items led to 

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1 an impairment of United States firms in some sec2 tors to conduct global business relative to foreign 

3 competitors. 

4 (B) Additionally, the report found that United 

5 States commercial firms have been reluctant to en6 gage in research and development activities for the 

7 Department of Defense because this raises the fu8 ture prospects that the products based on this re9 search and development, even if intrinsically com10 mercial, will be saddled by Department of State mu11 nitions controls due to the link to that research. 

12 (11) According to the Department of State’s 

13 fiscal year 2008 budget justification to Congress, 

14 commercial exports licensed or approved under the 

15 Arms Export Control Act exceeded 

16 $30,000,000,000, with nearly eighty percent of these 

17 items exported to United States NATO allies and 

18 other major non-NATO allies. 

19 (12) A Government Accountability Office report 

20 of October 9, 2001 (GAO–02–120), documented am21 biguous export control jurisdiction affecting 25 per22 cent of the items that the United States Government 

23 agreed to control as part of its commitments to the 

24 Missile Technology Control Regime. The United 

25 States Government has not clearly determined which 

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1 department has jurisdiction over these items, which 

2 increases the risk that these items will fall into the 

3 wrong hands. During both the 108th, 109th, and 

4 110th Congresses, the House of Representatives 

5 passed legislation mandating that the Administra6 tion clarify this issue. 

7 (13) During 2007 and 2008, the management 

8 and staff of the Directorate of Defense Trade Con9 trols of the Department of State have, through ex10 traordinary effort and dedication, eliminated the 

11 large backlog of open applications and have reduced 

12 average processing times for license applications; 

13 however, the Directorate remains understaffed and 

14 long delays remain for complicated cases. 

15 SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE 

16 UNITED STATES EXPORT CONTROLS SYSTEM. 

17 (a) REVIEW AND ASSESSMENT.— 

18 (1) IN GENERAL.—Not later than March 31, 

19 2010, the President shall conduct a comprehensive 

20 and systematic review and assessment of the United 

21 States arms export controls system in the context of 

22 the national security interests and strategic foreign 

23 policy objectives of the United States. 

24 (2) ELEMENTS.—The review and assessment 

25 required under paragraph (1) shall— 

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1 (A) determine the overall effectiveness of 

2 the United States arms export controls system 

3 in order to, where appropriate, strengthen con4 trols, improve efficiency, and reduce unneces5 sary redundancies across Federal Government 

6 agencies, through administrative actions, in7 cluding regulations, and to formulate legislative 

8 proposals for new authorities that are needed; 

9 (B) develop processes to ensure better co10 ordination of arms export control activities of 

11 the Department of State with activities of other 

12 departments and agencies of the United States 

13 that are responsible for enforcing United States 

14 arms export control laws; 

15 (C) ensure that weapons-related nuclear 

16 technology, other technology related to weapons 

17 of mass destruction, and all items on the Mis18 sile Technology Control Regime Annex are sub19 ject to stringent control by the United States 

20 Government; 

21 (D) determine the overall effect of arms 

22 export controls on counterterrorism, law en23 forcement, and infrastructure protection mis24 sions of the Department of Homeland Security; 

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1 (E) determine the effects of export controls 

2 policies and the practices of the export control 

3 agencies on the United States defense industrial 

4 base and United States employment in the in5 dustries affected by export controls; 

6 (F) contain a detailed summary of known 

7 attempts by unauthorized end-users (such as 

8 international arms traffickers, foreign intel9 ligence agencies, and foreign terrorist organiza10 tions) to acquire items on the United States 

11 Munitions List and related technical data, in12 cluding— 

13 (i) data on— 

14 (I) commodities sought, such as 

15 M–4 rifles, night vision devices, F–14 

16 spare parts; 

17 (II) parties involved, such as the 

18 intended end-users, brokers, con19 signees, and shippers; 

20 (III) attempted acquisition of 

21 technology and technical data critical 

22 to manufacture items on the United 

23 States Munitions List; 

24 (IV) destination countries and 

25 transit countries; 

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1 (V) modes of transport; 

2 (VI) trafficking methods, such as 

3 use of false documentation and front 

4 companies registered under flags of 

5 convenience; 

6 (VII) whether the attempted il7 licit transfer was successful; and 

8 (VIII) any administrative or 

9 criminal enforcement actions taken by 

10 the United States and any other gov11 ernment in relation to the attempted 

12 illicit transfer; 

13 (ii) a thorough evaluation of the Blue 

14 Lantern Program, including the adequacy 

15 of current staffing and funding levels; 

16 (iii) a detailed analysis of licensing ex17 emptions and their successful exploitation 

18 by unauthorized end-users; and 

19 (iv) an examination of the extent to 

20 which the increased tendency toward out21 sourcing and off-shoring of defense produc22 tion harm United States national security 

23 and weaken the defense industrial base, in24 cluding direct and indirect impact on em25 ployment, and formulate policies to address 

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1 these trends as well as the policy of some 

2 United States trading partners to require 

3 offsets for major sales of defense articles; 

4 and 

5 (G) assess the extent to which export con6 trol policies and practices under the Arms Ex7 port Control Act promote the protection of 

8 basic human rights. 

9 (b) CONGRESSIONAL BRIEFINGS.—The President 

10 shall provide periodic briefings to the appropriate congres11 sional committees on the progress of the review and as12 sessment conducted under subsection (a). The require13 ment to provide congressional briefings under this sub14 section shall terminate on the date on which the President 

15 transmits to the appropriate congressional committees the 

16 report required under subsection (c). 

17 (c) REPORT.—Not later than 18 months after the 

18 date of the enactment of this Act, the President shall 

19 transmit to the appropriate congressional committees and 

20 the Committee on Armed Services of the House of Rep21 resentatives and the Committee on Armed Services of the 

22 Senate a report that contains the results of the review and 

23 assessment conducted under subsection (a). The report re24 quired by this subsection shall contain a certification that 

25 the requirement of subsection (a)(2)(C) has been met, or 

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1 if the requirement has not been met, the reasons therefor. 

2 The report required by this subsection shall be submitted 

3 in unclassified form, but may contain a classified annex, 

4 if necessary. 

5 SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF AP6 PLICATIONS FOR LICENSES TO EXPORT 

7 ITEMS ON UNITED STATES MUNITIONS LIST. 

8 (a) IN GENERAL.—The Secretary of State, acting 

9 through the head of the Directorate of Defense Trade 

10 Controls of the Department of State, shall establish and 

11 maintain the following goals: 

12 (1) The processing time for review of each ap13 plication for a license to export items on the United 

14 States Munitions List (other than a Manufacturing 

15 License Agreement) shall be not more than 60 days 

16 from the date of receipt of the application. 

17 (2) The processing time for review of each ap18 plication for a commodity jurisdiction determination 

19 shall be not more than 60 days from the date of re20 ceipt of the application. 

21 (3) The total number of applications described 

22 in paragraph (1) that are unprocessed shall be not 

23 more than 7 percent of the total number of such ap24 plications submitted in the preceding calendar year. 

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1 (b) ADDITIONAL REVIEW.—(1) If an application de2 scribed in paragraph (1) or (2) of subsection (a) is not 

3 processed within the time period described in the respec4 tive paragraph of such subsection, then the Managing Di5 rector of the Directorate of Defense Trade Controls or the 

6 Deputy Assistant Secretary for Defense Trade and Re7 gional Security of the Department of State, as appro8 priate, shall review the status of the application to deter9 mine if further action is required to process the applica10 tion. 

11 (2) If an application described in paragraph (1) or 

12 (2) of subsection (a) is not processed within 90 days from 

13 the date of receipt of the application, then the Assistant 

14 Secretary for Political-Military Affairs of the Department 

15 of State shall— 

16 (A) review the status of the application to de17 termine if further action is required to process the 

18 application; and 

19 (B) submit to the appropriate congressional 

20 committees a notification of the review conducted 

21 under subparagraph (A), including a description of 

22 the application, the reason for delay in processing 

23 the application, and a proposal for further action to 

24 process the application. 

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1 (3) For each calendar year, the Managing Director 

2 of the Directorate of Defense Trade Controls shall review 

3 not less than 2 percent of the total number of applications 

4 described in paragraphs (1) and (2) of subsection (a) to 

5 ensure that the processing of such applications, including 

6 decisions to approve, deny, or return without action, is 

7 consistent with both policy and regulatory requirements 

8 of the Department of State. 

9 (c) STATEMENTS OF POLICY.— 

10 (1) UNITED STATES ALLIES.—Congress states 

11 that— 

12 (A) it shall be the policy of the Directorate 

13 of Defense Trade Controls of the Department 

14 of State to ensure that, to the maximum extent 

15 practicable, the processing time for review of 

16 applications described in subsection (a)(1) to 

17 export items that are not subject to the require18 ments of section 36 (b) or (c) of the Arms Ex19 port Control Act (22 U.S.C. 2776 (b) or (c)) to 

20 United States allies in direct support of combat 

21 operations or peacekeeping or humanitarian op22 erations with United States Armed Forces is 

23 not more than 7 days from the date of receipt 

24 of the application; and 

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1 (B) it shall be the goal, as appropriate, of 

2 the Directorate of Defense Trade Controls to 

3 ensure that, to the maximum extent practicable, 

4 the processing time for review of applications 

5 described in subsection (a)(1) to export items 

6 that are not subject to the requirements of sec7 tion 36 (b) or (c) of the Arms Export Control 

8 Act to government security agencies of United 

9 States NATO allies, Australia, New Zealand, 

10 Japan, South Korea, Israel, and, as appro11 priate, other major non-NATO allies for any 

12 purpose other than the purpose described in 

13 paragraph (1) is not more than 30 days from 

14 the date of receipt of the application. 

15 (2) PRIORITY FOR APPLICATIONS FOR EXPORT

16 OF U.S.-ORIGIN EQUIPMENT.—In meeting the goals 

17 established by this section, it shall be the policy of 

18 the Directorate of Defense Trade Controls of the 

19 Department of State to prioritize the processing of 

20 applications for licenses and agreements necessary 

21 for the export of United States-origin equipment 

22 over applications for Manufacturing License Agree23 ments. 

24 (d) REPORT.—Not later than December 31, 2011, 

25 and December 31, 2012, the Secretary of State shall submstockstill on PROD1PC66 with BILLS

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1 mit to the appropriate congressional committees a report 

2 that contains a detailed description of— 

3 (1)(A) the average processing time for and 

4 number of applications described in subsection 

5 (a)(1) to— 

6 (i) United States NATO allies, Australia, 

7 New Zealand, Japan, South Korea, and Israel; 

8 (ii) other major non-NATO allies; and 

9 (iii) all other countries; and 

10 (B) to the extent practicable, the average proc11 essing time for and number of applications described 

12 in subsection (b)(1) by item category; 

13 (2) the average processing time for and number 

14 of applications described in subsection (a)(2); 

15 (3) the average processing time for and number 

16 of applications for agreements described in part 124 

17 of title 22, Code of Federal Regulations (relating to 

18 the International Traffic in Arms Regulations (other 

19 than Manufacturing License Agreements)); 

20 (4) the average processing times for applica21 tions for Manufacturing License Agreements; 

22 (5) any management decisions of the Direc23 torate of Defense Trade Controls of the Department 

24 of State that have been made in response to data 

25 contained in paragraphs (1) through (3); and 

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1 (6) any advances in technology that will allow 

2 the time-frames described in subsection (a)(1) to be 

3 substantially reduced. 

4 (e) CONGRESSIONAL BRIEFINGS.—If, at the end of 

5 any month beginning after the date of the enactment of 

6 this Act, the total number of applications described in sub7 section (a)(1) that are unprocessed is more than 7 percent 

8 of the total number of such applications submitted in the 

9 preceding calendar year, then the Secretary of State, act10 ing through the Under Secretary for Arms Control and 

11 International Security, the Assistant Secretary for Polit12 ical-Military Affairs, or the Deputy Assistant Secretary 

13 for Defense Trade and Regional Security of the Depart14 ment of State, as appropriate, shall brief the appropriate 

15 congressional committees on such matters and the correc16 tive measures that the Directorate of Defense Trade Con17 trols will take to comply with the requirements of sub18 section (a). 

19 (f) TRANSPARENCY OF COMMODITY JURISDICTION

20 DETERMINATIONS.— 

21 (1) DECLARATION OF POLICY.—Congress de22 clares that the complete confidentiality surrounding 

23 several hundred commodity jurisdiction determina24 tions made each year by the Department of State 

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1 lations is not necessary to protect legitimate propri2 etary interests of persons or their prices and cus3 tomers, is not in the best security and foreign policy 

4 interests of the United States, is inconsistent with 

5 the need to ensure a level playing field for United 

6 States exporters, and detracts from United States 

7 efforts to promote greater transparency and respon8 sibility by other countries in their export control sys9 tems. 

10 (2) PUBLICATION ON INTERNET WEBSITE.— 

11 The Secretary of State shall— 

12 (A) upon making a commodity jurisdiction 

13 determination referred to in paragraph (1) pub14 lish on the Internet website of the Department 

15 of State not later than 30 days after the date 

16 of the determination— 

17 (i) the name of the manufacturer of 

18 the item; 

19 (ii) a brief general description of the 

20 item; 

21 (iii) the model or part number of the 

22 item; and 

23 (iv) the United States Munitions List 

24 designation under which the item has been 

25 designated, except that— 

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1 (I) the name of the person or 

2 business organization that sought the 

3 commodity jurisdiction determination 

4 shall not be published if the person or 

5 business organization is not the man6 ufacturer of the item; and 

7 (II) the names of the customers, 

8 the price of the item, and any propri9 etary information relating to the item 

10 indicated by the person or business 

11 organization that sought the com12 modity jurisdiction determination 

13 shall not be published; and 

14 (B) maintain on the Internet website of 

15 the Department of State an archive, that is ac16 cessible to the general public and other depart17 ments and agencies of the United States, of the 

18 information published under subparagraph (A). 

19 (g) RULE OF CONSTRUCTION.—Nothing in this sec20 tion shall be construed to prohibit the President or Con21 gress from undertaking a thorough review of the national 

22 security and foreign policy implications of a proposed ex23 port of items on the United States Munitions List. 

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1 SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF 

2 AND RESOURCES FOR THE DIRECTORATE OF 

3 DEFENSE TRADE CONTROLS OF THE DEPART4 MENT OF STATE. 

5 (a) REQUIREMENT.—The Secretary of State shall en6 sure that the Directorate of Defense Trade Controls of 

7 the Department of State has the necessary staff and re8 sources to carry out this subtitle and the amendments 

9 made by this subtitle. 

10 (b) MINIMUM NUMBER OF LICENSING OFFICERS.— 

11 For fiscal year 2011 and each subsequent fiscal year, the 

12 Secretary of State shall ensure that the Directorate of De13 fense Trade Controls has at least 1 licensing officer for 

14 every 1,250 applications for licenses and other authoriza15 tions to export items on the United States Munitions List 

16 by not later than the third quarter of such fiscal year, 

17 based on the number of licenses and other authorizations 

18 expected to be received during such fiscal year. The Sec19 retary shall ensure that in meeting the requirement of this 

20 subsection, the performance of other functions of the Di21 rectorate of Defense Trade Controls is maintained and 

22 adequate staff is provided for those functions. 

23 (c) MINIMUM NUMBER OF STAFF FOR COMMODITY

24 JURISDICTION DETERMINATIONS.—For each of the fiscal 

25 years 2010 through 2012, the Secretary of State shall en26 sure that the Directorate of Defense Trade Controls has, 

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1 to the extent practicable, not less than three individuals 

2 assigned to review applications for commodity jurisdiction 

3 determinations. 

4 (d) ENFORCEMENT RESOURCES.—In accordance 

5 with section 127.4 of title 22, Code of Federal Regula6 tions, U.S. Immigration and Customs Enforcement is au7 thorized to investigate violations of the International Traf8 fic in Arms Regulations on behalf of the Directorate of 

9 Defense Trade Controls of the Department of State. The 

10 Secretary of State shall ensure that the Directorate of De11 fense Trade Controls has adequate staffing for enforce12 ment of the International Traffic in Arms Regulations. 

13 SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPART14 MENT OF STATE. 

15 (a) AUDIT.—Not later than the end of each of the 

16 fiscal years 2011 and 2012, the Inspector General of the 

17 Department of State shall conduct an independent audit 

18 to determine the extent to which the Department of State 

19 is meeting the requirements of sections 804 and 805. 

20 (b) REPORT.—The Inspector General shall submit to 

21 the appropriate congressional committees a report that 

22 contains the result of each audit conducted under sub23 section (a). 

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1 SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE 

2 TRADE CONTROLS REGISTRATION FEES. 

3 (a) IN GENERAL.—Section 45 of the State Depart4 ment Basic Authorities Act of 1956 (22 U.S.C. 2717) is 

5 amended— 

6 (1) in the first sentence— 

7 (A) by striking ‘‘For’’ and inserting ‘‘(a) 

8 IN GENERAL.—For’’; and 

9 (B) by striking ‘‘Office’’ and inserting ‘‘Di10 rectorate’’; 

11 (2) by amending the second sentence to read as 

12 follows: 

13 ‘‘(b) AVAILABILITY OF FEES.—Fees credited to the 

14 account referred to in subsection (a) shall be available only 

15 for payment of expenses incurred for— 

16 ‘‘(1) management, 

17 ‘‘(2) licensing (in order to meet the require18 ments of section 805 of the Defense Trade Controls 

19 Performance Improvement Act of 2009 (relating to 

20 adequate staff and resources of the Directorate of 

21 Defense Trade Controls)), 

22 ‘‘(3) compliance, 

23 ‘‘(4) policy activities, and 

24 ‘‘(5) facilities, 

25 of defense trade controls functions.’’; and 

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

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1 ‘‘(c) ALLOCATION OF FEES.—In allocating fees for 

2 payment of expenses described in subsection (b), the Sec3 retary of State shall accord the highest priority to pay4 ment of expenses incurred for personnel and equipment 

5 of the Directorate of Defense Trade Controls, including 

6 payment of expenses incurred to meet the requirements 

7 of section 805 of the Defense Trade Controls Performance 

8 Improvement Act of 2009.’’. 

9 (b) CONFORMING AMENDMENT.—Section 38(b) of 

10 the Arms Export Control Act (22 U.S.C. 2778(b)) is 

11 amended by striking paragraph (3). 

12 SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS 

13 REGULATIONS AND UNITED STATES MUNI14 TIONS LIST. 

15 (a) IN GENERAL.—The Secretary of State, in coordi16 nation with the heads of other relevant departments and 

17 agencies of the United States Government, shall review, 

18 with the assistance of United States manufacturers and 

19 other interested parties described in section 811(2) of this 

20 Act, the International Traffic in Arms Regulations and 

21 the United States Munitions List to determine those tech22 nologies and goods that warrant different or additional 

23 controls. 

24 (b) CONDUCT OF REVIEW.—In carrying out the re25 view required under subsection (a), the Secretary of State 

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1 shall review not less than 20 percent of the technologies 

2 and goods on the International Traffic in Arms Regula3 tions and the United States Munitions List in each cal4 endar year so that for the 5-year period beginning with 

5 calendar year 2010, and for each subsequent 5-year pe6 riod, the International Traffic in Arms Regulations and 

7 the United States Munitions List will be reviewed in their 

8 entirety. 

9 (c) REPORT.—The Secretary of State shall submit to 

10 the appropriate congressional committees and the Com11 mittee on Armed Services of the House of Representatives 

12 and the Committee on Armed Services of the Senate an 

13 annual report on the results of the review carried out 

14 under this section. 

15 SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CER16 TAIN EXPORTS TO NATO MEMBER STATES, 

17 AUSTRALIA, JAPAN, NEW ZEALAND, ISRAEL, 

18 AND SOUTH KOREA. 

19 (a) IN GENERAL.—Section 38 of the Arms Export 

20 Control Act (22 U.S.C. 2778) is amended by adding at 

21 the end the following: 

22 ‘‘(k) SPECIAL LICENSING AUTHORIZATION FOR CER23 TAIN EXPORTS TO NATO MEMBER STATES, AUSTRALIA, 

24 JAPAN, NEW ZEALAND, ISRAEL, AND SOUTH KOREA.— 

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1 ‘‘(1) AUTHORIZATION.—(A) The President may 

2 provide for special licensing authorization for exports 

3 of United States-manufactured spare and replace4 ment parts or components listed in an application 

5 for such special licensing authorization in connection 

6 with defense items previously exported to NATO 

7 member states, Australia, Japan, New Zealand, 

8 Israel, and South Korea. A special licensing author9 ization issued pursuant to this clause shall be effec10 tive for a period not to exceed 5 years. 

11 ‘‘(B) An authorization may be issued under 

12 subparagraph (A) only if the applicable government 

13 of the country described in subparagraph (A), acting 

14 through the applicant for the authorization, certifies 

15 that— 

16 ‘‘(i) the export of spare and replacement 

17 parts or components supports a defense item 

18 previously lawfully exported; 

19 ‘‘(ii) the spare and replacement parts or 

20 components will be transferred to a defense 

21 agency of a country described in subparagraph 

22 (A) that is a previously approved end-user of 

23 the defense items and not to a distributor or a 

24 foreign consignee of such defense items; 

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1 ‘‘(iii) the spare and replacement parts or 

2 components will not to be used to materially en3 hance, optimize, or otherwise modify or upgrade 

4 the capability of the defense items; 

5 ‘‘(iv) the spare and replacement parts or 

6 components relate to a defense item that is 

7 owned, operated, and in the inventory of the 

8 armed forces a country described in subpara9 graph (A); 

10 ‘‘(v) the export of spare and replacement 

11 parts or components will be effected using the 

12 freight forwarder designated by the purchasing 

13 country’s diplomatic mission as responsible for 

14 handling transfers under chapter 2 of this Act 

15 as required under regulations; and 

16 ‘‘(vi) the spare and replacement parts or 

17 components to be exported under the special li18 censing authorization are specifically identified 

19 in the application. 

20 ‘‘(C) An authorization may not be issued under 

21 subparagraph (A) for purposes of establishing off22 shore procurement arrangements or producing de23 fense articles offshore. 

24 ‘‘(D)(i) For purposes of this subsection, the 

25 term ‘United States-manufactured spare and remstockstill on PROD1PC66 with BILLS

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1 placement parts or components’ means spare and 

2 replacement parts or components— 

3 ‘‘(I) with respect to which— 

4 ‘‘(aa) United States-origin content 

5 costs constitute at least 85 percent of the 

6 total content costs; 

7 ‘‘(bb) United States manufacturing 

8 costs constitute at least 85 percent of the 

9 total manufacturing costs; and 

10 ‘‘(cc) foreign content, if any, is limited 

11 to content from countries eligible to receive 

12 exports of items on the United States Mu13 nitions List under the International Traffic 

14 in Arms Regulations (other than de mini15 mis foreign content); 

16 ‘‘(II) that were last substantially trans17 formed in the United States; and 

18 ‘‘(III) that are not— 

19 ‘‘(aa) classified as significant military 

20 equipment; or 

21 ‘‘(bb) listed on the Missile Technology 

22 Control Regime Annex. 

23 ‘‘(ii) For purposes of clause (i)(I) (aa) and 

24 (bb), the costs of non-United States-origin content 

25 shall be determined using the final price or final cost 

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1 associated with the non-United States-origin con2 tent. 

3 ‘‘(2) INAPPLICABILITY PROVISIONS.—(A) The 

4 provisions of this subsection shall not apply with re5 spect to re-exports or re-transfers of spare and re6 placement parts or components and related services 

7 of defense items described in paragraph (1). 

8 ‘‘(B) The congressional notification require9 ments contained in section 36(c) of this Act shall 

10 not apply with respect to an authorization issued 

11 under paragraph (1).’’. 

12 (b) EFFECTIVE DATE.—The President shall issue 

13 regulations to implement amendments made by subsection 

14 (a) not later than 180 days after the date of the enactment 

15 of this Act. 

16 SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS 

17 OF LICENSE APPLICATIONS UNDER CHAPTER 

18 3 OF THE ARMS EXPORT CONTROL ACT. 

19 Chapter 3 of the Arms Export Control Act (22 

20 U.S.C. 2771 et seq.) is amended by inserting after section 

21 38 the following new section: 

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1 ‘‘SEC. 38A. AVAILABILITY OF INFORMATION ON THE STA2 TUS OF LICENSE APPLICATIONS UNDER THIS 

3 CHAPTER. 

4 ‘‘(a) AVAILABILITY OF INFORMATION.—Not later 

5 than one year after the date of the enactment of the De6 fense Trade Controls Performance Improvement Act of 

7 2009, the President shall make available to persons who 

8 have pending license applications under this chapter and 

9 the committees of jurisdiction the ability to access elec10 tronically current information on the status of each license 

11 application required to be submitted under this chapter. 

12 ‘‘(b) MATTERS TO BE INCLUDED.—The information 

13 referred to in subsection (a) shall be limited to the fol14 lowing: 

15 ‘‘(1) The case number of the license application. 

16 ‘‘(2) The date on which the license application 

17 is received by the Department of State and becomes 

18 an ‘open application’. 

19 ‘‘(3) The date on which the Directorate of De20 fense Trade Controls makes a determination with re21 spect to the license application or transmits it for 

22 interagency review, if required. 

23 ‘‘(4) The date on which the interagency review 

24 process for the license application is completed, if 

25 such a review process is required. 

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1 ‘‘(5) The date on which the Department of 

2 State begins consultations with the congressional 

3 committees of jurisdiction with respect to the license 

4 application. 

5 ‘‘(6) The date on which the license application 

6 is sent to the congressional committees of jurisdic7 tion.’’. 

8 SEC. 811. SENSE OF CONGRESS. 

9 It is the sense of Congress that— 

10 (1)(A) the advice provided to the Secretary of 

11 State by the Defense Trade Advisory Group 

12 (DTAG) supports the regulation of defense trade 

13 and helps ensure that United States national secu14 rity and foreign policy interests continue to be pro15 tected and advanced while helping to reduce unnec16 essary impediments to legitimate exports in order to 

17 support the defense requirements of United States 

18 friends and allies; and 

19 (B) therefore, the Secretary of State should 

20 share significant planned rules and policy shifts with 

21 DTAG for comment; and 

22 (2) recognizing the constraints imposed on the 

23 Department of State by the nature of a voluntary 

24 organization such as DTAG, the Secretary of State 

25 is encouraged to ensure that members of DTAG are 

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1 drawn from a representative cross-section of subject 

2 matter experts from the United States defense in3 dustry, relevant trade and labor associations, aca4 demic, and foundation personnel. 

5 SEC. 812. DEFINITIONS. 

6 In this subtitle: 

7 (1) INTERNATIONAL TRAFFIC IN ARMS REGULA8 TIONS; ITAR.—The term ‘‘International Traffic in 

9 Arms Regulations’’ or ‘‘ITAR’’ means those regula10 tions contained in parts 120 through 130 of title 22, 

11 Code of Federal Regulations (or successor regula12 tions). 

13 (2) MAJOR NON-NATO ALLY.—The term ‘‘major 

14 non-NATO ally’’ means a country that is designated 

15 in accordance with section 517 of the Foreign As16 sistance Act of 1961 (22 U.S.C. 2321k) as a major 

17 non-NATO ally for purposes of the Foreign Assist18 ance Act of 1961 (22 U.S.C. 2151 et seq.) and the 

19 Arms Export Control Act (22 U.S.C. 2751 et seq.). 

20 (3) MANUFACTURING LICENSE AGREEMENT.— 

21 The term ‘‘Manufacturing License Agreement’’ 

22 means an agreement described in section 120.21 of 

23 title 22, Code of Federal Regulations (or successor 

24 regulations). 

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1 (4) MISSILE TECHNOLOGY CONTROL REGIME; 

2 MTCR.—The term ‘‘Missile Technology Control Re3 gime’’ or ‘‘MTCR’’ has the meaning given the term 

4 in section 11B(c)(2) of the Export Administration 

5 Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 

6 (5) MISSILE TECHNOLOGY CONTROL REGIME

7 ANNEX; MTCR ANNEX.—The term ‘‘Missile Tech8 nology Control Regime Annex’’ or ‘‘MTCR Annex’’ 

9 has the meaning given the term in section 11B(c)(4) 

10 of the Export Administration Act of 1979 (50 

11 U.S.C. App. 2401b(c)(4)). 

12 (6) OFFSETS.—The term ‘‘offsets’’ includes 

13 compensation practices required of purchase in ei14 ther government-to-government or commercial sales 

15 of defense articles or defense services under the 

16 Arms Export Control Act (22 U.S.C. 2751 et seq.) 

17 and the International Traffic in Arms Regulations. 

18 (7) UNITED STATES MUNITIONS LIST; USML.— 

19 The term ‘‘United States Munitions List’’ or 

20 ‘‘USML’’ means the list referred to in section 

21 38(a)(1) of the Arms Export Control Act (22 U.S.C. 

22 2778(a)(1)). 

23 SEC. 813. AUTHORIZATION OF APPROPRIATIONS. 

24 Of the amounts authorized to be appropriated under 

25 section 101, 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 subtitle and the amendments 

3 made by this subtitle. 

4 Subtitle B—Provisions Relating to 

5 Export Licenses 

6 SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL 

7 DIRECTIVES REGARDING UNITED STATES 

8 ARMS EXPORT POLICIES, PRACTICES, AND 

9 REGULATIONS. 

10 (a) IN GENERAL.—The President shall make avail11 able to the Committee on Foreign Affairs of the House 

12 of Representatives and the Committee on Foreign Rela13 tions of the Senate the text of each Presidential directive 

14 regarding United States export policies, practices, and 

15 regulations relating to the implementation of the Arms 

16 Export Control Act (22 U.S.C. 2751 et seq.) not later 

17 than 15 days after the date on which the directive has 

18 been signed or authorized by the President. 

19 (b) TRANSITION PROVISION.—Each Presidential di20 rective described in subsection (a) that is signed or author21 ized by the President on or after January 1, 2009, and 

22 before the date of the enactment of this Act shall be made 

23 available to the congressional committees specified in sub24 section (a) not later than 90 days after the date of the 

25 enactment of this Act. 

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1 (c) FORM.—To the maximum extent practicable, each 

2 Presidential directive described in subsection (a) shall be 

3 made available to the congressional committees specified 

4 in subsection (a) on an unclassified basis. 

5 SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND 

6 SERVICES FOR CONGRESSIONAL REVIEW 

7 AND EXPEDITING CONGRESSIONAL REVIEW 

8 FOR ISRAEL. 

9 (a) FOREIGN MILITARY SALES.— 

10 (1) IN GENERAL.—Section 36(b) of the Arms 

11 Export Control Act (22 U.S.C. 2776(b)) is amend12 ed— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘$50,000,000’’ and in15 serting ‘‘$100,000,000’’; 

16 (ii) by striking ‘‘$200,000,000’’ and 

17 inserting ‘‘$300,000,000’’; 

18 (iii) by striking ‘‘$14,000,000’’ and 

19 inserting ‘‘$25,000,000’’; and 

20 (iv) by striking ‘‘The letter of offer 

21 shall not be issued’’ and all that follows 

22 through ‘‘enacts a joint resolution’’ and in23 serting the following: 

24 ‘‘(2) The letter of offer shall not be issued— 

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1 ‘‘(A) with respect to a proposed sale of any 

2 defense articles or defense services under this 

3 Act for $200,000,000 or more, any design and 

4 construction services for $300,000,000 or more, 

5 or any major defense equipment for 

6 $75,000,000 or more, to the North Atlantic 

7 Treaty Organization (NATO), any member 

8 country of NATO, Japan, Australia, the Repub9 lic of Korea, Israel, or New Zealand, if Con10 gress, within 15 calendar days after receiving 

11 such certification, or 

12 ‘‘(B) with respect to a proposed sale of any 

13 defense articles or services under this Act for 

14 $100,000,000 or more, any design and con15 struction services for $200,000,000 or more, or 

16 any major defense equipment for $50,000,000 

17 or more, to any other country or organization, 

18 if Congress, within 30 calendar days after re19 ceiving such certification, 

20 enacts a joint resolution’’; and 

21 (B) by redesignating paragraphs (2) 

22 through (6) as paragraphs (3) through (7), re23 spectively. 

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1 (2) TECHNICAL AND CONFORMING AMEND2 MENTS.—Section 36 of the Arms Export Control 

3 Act (22 U.S.C. 2776) is amended— 

4 (A) in subsection (b)— 

5 (i) in paragraph (6)(C), as redesig6 nated, by striking ‘‘Subject to paragraph 

7 (6), if’’ and inserting ‘‘If’’; and 

8 (ii) by striking paragraph (7), as re9 designated; and 

10 (B) in subsection (c)(4), by striking ‘‘sub11 section (b)(5)’’ each place it appears and insert12 ing ‘‘subsection (b)(6)’’. 

13 (b) COMMERCIAL SALES.—Section 36(c) of the Arms 

14 Export Control Act (22 U.S.C. 2776(c)) is amended— 

15 (1) in paragraph (1)— 

16 (A) by striking ‘‘Subject to paragraph (5), 

17 in’’ and inserting ‘‘In’’; 

18 (B) by striking ‘‘$14,000,000’’ and insert19 ing ‘‘$25,000,000’’; and 

20 (C) by striking ‘‘$50,000,000’’ and insert21 ing ‘‘$100,000,000’’; 

22 (2) in paragraph (2)— 

23 (A) in subparagraph (A)— 

24 (i) by inserting after ‘‘for an export’’ 

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1 ment sold under a contract in the amount 

2 of $75,000,000 or more or of defense arti3 cles or defense services sold under a con4 tract in the amount of $200,000,000 or 

5 more, (or, in the case of a defense article 

6 that is a firearm controlled under category 

7 I of the United States Munitions List, 

8 $1,000,000 or more)’’; and 

9 (ii) by striking ‘‘Organization,’’ and 

10 inserting ‘‘Organization (NATO),’’ and by 

11 further striking ‘‘that Organization’’ and 

12 inserting ‘‘NATO’’; and 

13 (B) in subparagraph (C), by inserting after 

14 ‘‘license’’ the following: ‘‘for an export of any 

15 major defense equipment sold under a contract 

16 in the amount of $50,000,000 or more or of de17 fense articles or defense services sold under a 

18 contract in the amount of $100,000,000 or 

19 more, (or, in the case of a defense article that 

20 is a firearm controlled under category I of the 

21 United States Munitions List, $1,000,000 or 

22 more)’’; and 

23 (3) by striking paragraph (5). 

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1 SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NA2 TIONAL AND INTERNATIONAL ARMS EXPORT 

3 CONTROLS. 

4 (a) SENSE OF CONGRESS.—It is the sense of Con5 gress that the President should redouble United States 

6 diplomatic efforts to strengthen national and international 

7 arms export controls by establishing a senior-level initia8 tive to ensure that those arms export controls are com9 parable to and supportive of United States arms export 

10 controls, particularly with respect to countries of concern 

11 to the United States. 

12 (b) REPORT.—Not later than one year after the date 

13 of the enactment of this Act, and annually thereafter for 

14 4 years, the President shall transmit to the Committee on 

15 Foreign Affairs of the House of Representatives and the 

16 Committee on Foreign Relations of the Senate a report 

17 on United States diplomatic efforts described in subsection 

18 (a). 

19 SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EX20 PORTS. 

21 Section 655(b) of the Foreign Assistance Act of 1961 

22 (22 U.S.C. 2415(b)) is amended— 

23 (1) in paragraph (2), by striking ‘‘or’’ at the 

24 end; 

25 (2) in paragraph (3), by striking the period at 

26 the end and inserting ‘‘; or’’; and 

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

2 ‘‘(4) were exported without a license under sec3 tion 38 of the Arms Export Control Act (22 U.S.C. 

4 2778) pursuant to an exemption established under 

5 the International Traffic in Arms Regulations, other 

6 than defense articles exported in furtherance of a 

7 letter of offer and acceptance under the Foreign 

8 Military Sales program or a technical assistance or 

9 manufacturing license agreement, including the spe10 cific exemption provision in the regulation under 

11 which the export was made.’’. 

12 SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIP13 MENT AND DEFENSE ARTICLES EXPORTED 

14 UNDER SECTION 38 OF THE ARMS EXPORT 

15 CONTROL ACT. 

16 Section 38 of the Arms Export Control Act (22 

17 U.S.C. 2778) is amended by adding at the end the fol18 lowing: 

19 ‘‘(k) REPORT.— 

20 ‘‘(1) IN GENERAL.—The President shall trans21 mit to the Committee on Foreign Affairs of the 

22 House of Representatives and the Committee on 

23 Foreign Relations of the Senate a report that con24 tains a detailed listing, by country and by inter25 national organization, of the total dollar value of 

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1 major defense equipment and defense articles ex2 ported pursuant to licenses authorized under this 

3 section for the previous fiscal year. 

4 ‘‘(2) INCLUSION IN ANNUAL BUDGET.—The re5 port required by this subsection shall be included in 

6 the supporting information of the annual budget of 

7 the United States Government required to be sub8 mitted to Congress under section 1105 of title 31, 

9 United States Code.’’. 

10 SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RE11 LATED COMPONENTS FROM THE UNITED 

12 STATES MUNITIONS LIST. 

13 (a) AUTHORITY.—Except as provided in subsection 

14 (b) and subject to subsection (d), the President is author15 ized to remove satellites and related components from the 

16 United States Munitions List, consistent with the proce17 dures in section 38(f) of the Arms Export Control Act (22 

18 U.S.C. 2778(f)). 

19 (b) EXCEPTION.—The authority of subsection (a) 

20 may not be exercised with respect to any satellite or re21 lated component that may, directly or indirectly, be trans22 ferred to, or launched into outer space by, the People’s 

23 Republic of China. 

24 (c) UNITED STATES MUNITIONS LIST.—In this sec25 tion, the term ‘‘United States Munitions List’’ means the 

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1 list referred to in section 38(a)(1) of the Arms Export 

2 Control Act (22 U.S.C. 2778(a)(1)). 

3 (d) EFFECTIVE DATE.—The President may not exer4 cise the authority provided in this section before the date 

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

6 Act. 

7 SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF 

8 VIOLATIONS OF SECTION 3 OF THE ARMS EX9 PORT CONTROL ACT. 

10 (a) REVIEW.—The Inspector General of the Depart11 ment of State shall conduct a review of investigations by 

12 the Department of State during each of fiscal years 2010 

13 through 2014 of any and all possible violations of section 

14 3 of the Arms Export Control Act (22 U.S.C. 2753) with 

15 respect to misuse of United States-origin defense items to 

16 determine whether the Department of State has fully com17 plied with the requirements of such section, as well as its 

18 own internal procedures (and whether such procedures are 

19 adequate), for reporting to Congress any information re20 garding the unlawful use or transfer of United States-ori21 gin defense articles, defense services, and technology by 

22 foreign countries, as required by such section. 

23 (b) REPORT.—The Inspector General of the Depart24 ment of State shall submit to the Committee on Foreign 

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1 mittee on Foreign Relations of the Senate for each of fis2 cal years 2010 through 2014 a report that contains the 

3 findings and results of the review conducted under sub4 section (a). The report shall be submitted in unclassified 

5 form to the maximum extent possible, but may include a 

6 classified annex. 

7 SEC. 828. REPORT ON SELF-FINANCING OPTIONS FOR EX8 PORT LICENSING FUNCTIONS OF DDTC OF 

9 THE DEPARTMENT OF STATE. 

10 Not later than 90 days after the date of the enact11 ment of this Act, the Secretary of State shall submit to 

12 the appropriate congressional committees a report on pos13 sible mechanisms to place the export licensing functions 

14 of the Directorate of Defense Trade Controls of the De15 partment of State on a 100 percent self-financing basis. 

16 SEC. 829. CLARIFICATION OF CERTIFICATION REQUIRE17 MENT RELATING TO ISRAEL’S QUALITATIVE 

18 MILITARY EDGE. 

19 Section 36(h)(1) of the Arms Export Control Act (22 

20 U.S.C. 2776(h)(1)) is amended by striking ‘‘a determina21 tion’’ and inserting ‘‘an unclassified determination’’. 

22 SEC. 830. EXPEDITING CONGRESSIONAL DEFENSE EXPORT 

23 REVIEW PERIOD FOR ISRAEL. 

24 The Arms Export Control Act (22 U.S.C. 2751 et 

25 seq.) is amended— 

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1 (1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 

2 3(d)(5), 21(e)(2)(A), 36(b)(2), 36(c)(2)(A), 

3 36(d)(2)(A), 62(c)(1), and 63(a)(2) by inserting 

4 ‘‘Israel,’’ before ‘‘or New Zealand’’; and 

5 (2) in section 3(b)(2), by inserting ‘‘the Govern6 ment of Israel,’’ before ‘‘or the Government of New 

7 Zealand’’. 

8 SEC. 831. UPDATING AND CONFORMING PENALTIES FOR 

9 VIOLATIONS OF SECTIONS 38 AND 39 OF THE 

10 ARMS EXPORT CONTROL ACT. 

11 (a) IN GENERAL.—Section 38(c) of the Arms Export 

12 Control Act (22 U.S.C. 2778(c)) is amended to read as 

13 follows: 

14 ‘‘(c) VIOLATIONS OF THIS SECTION AND SECTION

15 39.— 

16 ‘‘(1) UNLAWFUL ACTS.—It shall be unlawful 

17 for any person to violate, attempt to violate, conspire 

18 to violate, or cause a violation of any provision of 

19 this section or section 39, or any rule or regulation 

20 issued under either section, or who, in a registration 

21 or license application or required report, makes any 

22 untrue statement of a material fact or omits to state 

23 a material fact required to be stated therein or nec24 essary to make the statements therein not mis25 leading. 

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1 ‘‘(2) CIVIL PENALTIES.—A person who commits 

2 an unlawful act described in paragraph (1) shall 

3 upon conviction be fined for each violation in an 

4 amount not to exceed the greater of— 

5 ‘‘(A) $250,000; or 

6 ‘‘(B) an amount that is twice the amount 

7 of the transaction that is the basis of the viola8 tion with respect to which the penalty is im9 posed. 

10 ‘‘(3) CRIMINAL PENALTIES.—A person who 

11 willfully commits an unlawful act described in para12 graph (1) shall upon conviction— 

13 ‘‘(A) be fined for each violation in an 

14 amount not to exceed $1,000,000, or 

15 ‘‘(B) in the case of a natural person, im16 prisoned for not more than 20 years, 

17 or both.’’. 

18 (b) MECHANISMS TO IDENTIFY VIOLATORS.—Sec19 tion 38(g) of the Arms Export Control Act (22 U.S.C. 

20 2778(g)) is amended— 

21 (1) in paragraph (1)— 

22 (A) in subparagraph (A)— 

23 (i) in the matter preceding clause (i), 

24 by inserting ‘‘or otherwise charged’’ after 

25 ‘‘indictment’’; 

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1 (ii) in clause (xi), by striking ‘‘or’’ at 

2 the end; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(xiii) section 542 of title 18, United 

6 States Code, relating to entry of goods by 

7 means of false statements; 

8 ‘‘(xiv) section 554 of title 18, United 

9 States Code, relating to smuggling goods from 

10 the United States; or 

11 ‘‘(xv) section 1831 of title 18, United 

12 States Code, relating to economic espionage.’’; 

13 and 

14 (B) in subparagraph (B), by inserting ‘‘or 

15 otherwise charged’’ after ‘‘indictment’’; and 

16 (2) in paragraph (3)(A), by inserting ‘‘or other17 wise charged’’ after ‘‘indictment’’. 

18 (c) EFFECTIVE DATE.—The amendment made by 

19 subsection (a) shall take effect on the date of the enact20 ment of this Act and shall apply with respect to violations 

21 of sections 38 and 39 of the Arms Export Control Act 

22 committed on or after that date. 

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1 Subtitle C—Miscellaneous 

2 Provisions 

3 SEC. 841. AUTHORITY TO BUILD THE CAPACITY OF FOR4 EIGN MILITARY FORCES. 

5 (a) AUTHORITY.—The Secretary of State is author6 ized to conduct a program to respond to contingencies in 

7 foreign countries or regions by providing training, pro8 curement, and capacity-building of a foreign country’s na9 tional military forces and dedicated counter-terrorism 

10 forces in order for that country to— 

11 (1) conduct counterterrorist operations; or 

12 (2) participate in or support military and sta13 bility operations in which the United States is a par14 ticipant. 

15 (b) TYPES OF CAPACITY-BUILDING.—The program 

16 authorized under subsection (a) may include the provision 

17 of equipment, supplies, and training. 

18 (c) LIMITATIONS.— 

19 (1) ASSISTANCE OTHERWISE PROHIBITED BY

20 LAW.—The Secretary of State may not use the au21 thority in subsection (a) to provide any type of as22 sistance described in subsection (b) that is otherwise 

23 prohibited by any provision of law. 

24 (2) LIMITATION ON ELIGIBLE COUNTRIES.— 

25 The Secretary of State may not use the authority in 

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1 subsection (a) to provide assistance described in sub2 section (b) to any foreign country that is otherwise 

3 prohibited from receiving such type of assistance 

4 under any other provision of law. 

5 (d) FORMULATION AND EXECUTION OF ACTIVI6 TIES.—The Secretary of State shall consult with the head 

7 of any other appropriate department or agency in the for8 mulation and execution of the program authorized under 

9 subsection (a). 

10 (e) CONGRESSIONAL NOTIFICATION.— 

11 (1) ACTIVITIES IN A COUNTRY.—Not less than 

12 15 days before obligating funds for activities in any 

13 country under the program authorized under sub14 section (a), the Secretary of State shall submit to 

15 the congressional committees specified in paragraph 

16 (2) a notice of the following: 

17 (A) The country whose capacity to engage 

18 in activities in subsection (a) will be assisted. 

19 (B) The budget, implementation timeline 

20 with milestones, and completion date for com21 pleting the activities. 

22 (2) SPECIFIED CONGRESSIONAL COMMIT23 TEES.—The congressional committees specified in 

24 this paragraph are the following: 

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1 (A) The Committee on Foreign Affairs and 

2 the Committee on Appropriations of the House 

3 of Representatives. 

4 (B) The Committee on Foreign Relations 

5 and the Committee on Appropriations of the 

6 Senate. 

7 (f) AUTHORIZATION OF APPROPRIATIONS.— 

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

9 appropriated to the Secretary of State $25,000,000 

10 for each of the fiscal years 2010 and 2011 to con11 duct the program authorized by subsection (a). 

12 (2) USE OF FMF FUNDS.—The Secretary of 

13 State may use up to $25,000,000 of funds available 

14 under the Foreign Military Financing program for 

15 each of the fiscal years 2010 and 2011 to conduct 

16 the program authorized under subsection (a). 

17 (3) AVAILABILITY AND REFERENCE.—Amounts 

18 made available to conduct the program authorized 

19 under subsection (a)— 

20 (A) are authorized to remain available 

21 until expended; and 

22 (B) may be referred to as the ‘‘Security 

23 Assistance Contingency Fund’’. 

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1 SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND. 

2 (a) IN GENERAL.—Section 51(a) of the Arms Export 

3 Control Act (22 U.S.C. 2795(a)) is amended— 

4 (1) in paragraph (1), by striking ‘‘Special De5 fense Acquisition Fund’’ and inserting ‘‘Foreign 

6 Military Sales Stockpile Fund’’; and 

7 (2) in paragraph (4), by inserting ‘‘building the 

8 capacity of recipient countries and’’ before ‘‘nar9 cotics control purposes’’. 

10 (b) CONTENTS OF FUND.—Section 51(b) of the Arms 

11 Export Control Act (22 U.S.C. 2795(b)) is amended— 

12 (1) in paragraph (2), by striking ‘‘and’’ at the 

13 end; 

14 (2) in paragraph (3), by inserting ‘‘and’’ at the 

15 end; and 

16 (3) by inserting after paragraph (3) the fol17 lowing: 

18 ‘‘(4) collections from leases made pursuant to 

19 section 61 of this Act,’’. 

20 (c) CONFORMING AMENDMENTS.—(1) The heading 

21 of section 51 of the Arms Export Control Act is amended 

22 by striking ‘‘SPECIAL DEFENSE ACQUISITION FUND’’ and 

23 inserting ‘‘FOREIGN MILITARY SALES STOCKPILE FUND’’. 

24 (2) The heading of chapter 5 of the Arms Export 

25 Control Act is amended by striking ‘‘SPECIAL DE26 FENSE ACQUISITION FUND’’ and inserting 

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1 ‘‘FOREIGN MILITARY SALES STOCKPILE 

2 FUND’’. 

3 SEC. 843. ANNUAL ESTIMATE AND JUSTIFICATION FOR 

4 FOREIGN MILITARY SALES PROGRAM. 

5 Section 25(a)(1) of the Arms Export Control Act (22 

6 U.S.C. 2765(a)(1)) is amended by striking ‘‘, together 

7 with an indication of which sales and licensed commercial 

8 exports’’ and inserting ‘‘and’’. 

9 SEC. 844. REPORT ON UNITED STATES COMMITMENTS TO 

10 THE SECURITY OF ISRAEL. 

11 (a) INITIAL REPORT.—Not later than 30 days after 

12 the date of the enactment of this Act, the President shall 

13 transmit to the appropriate congressional committees a re14 port that contains— 

15 (1) a complete, unedited, and unredacted copy 

16 of each assurance made by United States Govern17 ment officials to officials of the Government of Israel 

18 regarding Israel’s security and maintenance of 

19 Israel’s qualitative military edge, as well as any 

20 other assurance regarding Israel’s security and 

21 maintenance of Israel’s qualitative military edge pro22 vided in conjunction with exports under the Arms 

23 Export Control Act (22 U.S.C. 2751 et seq.), for the 

24 period beginning on January 1, 1975, and ending on 

25 the date of the enactment of this Act; and 

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1 (2) an analysis of the extent to which, and by 

2 what means, each such assurance has been and is 

3 continuing to be fulfilled. 

4 (b) SUBSEQUENT REPORTS.— 

5 (1) NEW ASSURANCES AND REVISIONS.—The 

6 President shall transmit to the appropriate congres7 sional committees a report that contains the infor8 mation required under subsection (a) with respect 

9 to— 

10 (A) each assurance described in subsection 

11 (a) made on or after the date of the enactment 

12 of this Act, or 

13 (B) revisions to any assurance described in 

14 subsection (a) or subparagraph (A) of this 

15 paragraph, 

16 within 15 days of the new assurance or revision 

17 being conveyed. 

18 (2) 5-YEAR REPORTS.—Not later than 5 years 

19 after the date of the enactment of this Act, and 

20 every 5 years thereafter, the President shall trans21 mit to the appropriate congressional committees a 

22 report that contains the information required under 

23 subsection (a) with respect to each assurance de24 scribed in subsection (a) or paragraph (1)(A) of this 

25 subsection and revisions to any assurance described 

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1 in subsection (a) or paragraph (1)(A) of this sub2 section during the preceding 5-year period. 

3 (c) FORM.—Each report required by this section shall 

4 be transmitted in unclassified form, but may contain a 

5 classified annex, if necessary. 

6 SEC. 845. WAR RESERVES STOCKPILE. 

7 (a) DEPARTMENT OF DEFENSE APPROPRIATIONS

8 ACT, 2005.—Section 12001(d) of the Department of De9 fense Appropriations Act, 2005 (Public Law 108–287; 

10 118 Stat. 1011), is amended by striking ‘‘4’’ and inserting 

11 ‘‘7’’. 

12 (b) FOREIGN ASSISTANCE ACT OF 1961.—Section 

13 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 

14 U.S.C. 2321h(b)(2)(A)) is amended by striking ‘‘fiscal 

15 years 2007 and 2008’’ and inserting ‘‘fiscal years 2010 

16 and 2011’’. 

17 SEC. 846. EXCESS DEFENSE ARTICLES FOR CENTRAL AND 

18 SOUTH EUROPEAN COUNTRIES AND CERTAIN 

19 OTHER COUNTRIES. 

20 Section 516(e) of the Foreign Assistance Act of 1961 

21 (22 U.S.C. 2321j(e)) is amended— 

22 (1) in paragraph (1), by striking ‘‘paragraph 

23 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; 

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1 (2) in paragraph (2), in the heading by striking 

2 ‘‘EXCEPTION’’ and inserting ‘‘GENERAL EXCEP3 TION’’; and 

4 (3) by adding at the end the following new 

5 paragraph: 

6 ‘‘(3) EXCEPTION FOR SPECIFIC COUNTRIES.— 

7 For fiscal years 2010 and 2011, the President may 

8 provide for the crating, packing, handling, and 

9 transportation of excess defense articles transferred 

10 under the authority of this section to Albania, Af11 ghanistan, Bulgaria, Croatia, Estonia, Macedonia, 

12 Georgia, India, Iraq, Israel, Kazakhstan, 

13 Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, 

14 Pakistan, Romania, Slovakia, Tajikistan, 

15 Turkmenistan, and Ukraine.’’. 

16 TITLE IX—ACTIONS TO EN17 HANCE THE MERIDA INITIA18 TIVE 

19 SEC. 901. COORDINATOR OF UNITED STATES GOVERNMENT 

20 ACTIVITIES TO IMPLEMENT THE MERIDA INI21 TIATIVE. 

22 (a) DECLARATION OF POLICY.—Congress declares 

23 that the Merida Initiative is a Department of State-led 

24 initiative which combines the programs of numerous 

25 United States Government departments and agencies and 

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1 therefore requires a single individual to coordinate and 

2 track all Merida Initiative-related efforts government-wide 

3 to avoid duplication, coordinate messaging, and facilitate 

4 accountability to and communication with Congress. 

5 (b) DESIGNATION OF HIGH-LEVEL COORDINATOR.— 

6 (1) IN GENERAL.—The President shall des7 ignate, within the Department of State, a Coordi8 nator of United States Government Activities to Im9 plement the Merida Initiative (hereafter in this sec10 tion referred to as the ‘‘Coordinator’’) who shall be 

11 responsible for— 

12 (A) designing and shaping an overall strat13 egy for the Merida Initiative; 

14 (B) ensuring program and policy coordina15 tion among United States Government depart16 ments and agencies in carrying out the Merida 

17 Initiative, including avoiding duplication among 

18 programs and ensuring that a consistent mes19 sage emanates from the United States Govern20 ment; 

21 (C) ensuring that efforts of the United 

22 States Government are in full consonance with 

23 the efforts of the countries within the Merida 

24 Initiative; 

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1 (D) tracking, in coordination with the rel2 evant officials of the Department of Defense 

3 and other departments and agencies, United 

4 States assistance programs that fulfill the goals 

5 of the Merida Initiative or are closely related to 

6 the goals of the Merida Initiative, including to 

7 the extent possible, tracking information re8 quired under the second section 620J of the 

9 Foreign Assistance Act of 1961 (22 U.S.C. 

10 2378d) (as added by section 651 of division J 

11 of Public Law 110–161) with respect to coun12 tries participating in the Merida Initiative; and 

13 (E) consulting with the Attorney General 

14 and the Secretary of Homeland Security with 

15 respect to the activities of Federal, State, and 

16 local law enforcement authorities in the United 

17 States relating to the goals of the Merida Ini18 tiative, particularly along the United States19 Mexico border. 

20 (2) RANK AND STATUS OF THE COORDI21 NATOR.—The Coordinator should have the rank and 

22 status of ambassador. 

23 SEC. 902. ADDING THE CARIBBEAN TO THE MERIDA INITIA24 TIVE. 

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

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1 (1) The illicit drug trade—which has taken a 

2 toll on the small countries of the Caribbean Commu3 nity (CARICOM) for many years—is now moving 

4 even more aggressively into these countries. 

5 (2) A March 2007 joint report by the United 

6 Nations Office on Drugs and Crime (UNODC) and 

7 the World Bank noted that murder rates in the Car8 ibbean—at 30 per 100,000 population annually—are 

9 higher than for any other region of the world and 

10 have risen in recent years for many of the region’s 

11 countries. The report also argues that the strongest 

12 explanation for the high crime and violence rates in 

13 the Caribbean and their rise in recent years is drug 

14 trafficking. 

15 (3) If the United States does not move quickly 

16 to provide Merida Initiative assistance to the 

17 CARICOM countries, the positive results of the 

18 Merida Initiative in Mexico and Central America will 

19 move the drug trade deeper into the Caribbean and 

20 multiply the already alarming rates of violence. 

21 (b) CONSULTATIONS.—Not later than 60 days after 

22 the date of the enactment of this Act, the Secretary of 

23 State is authorized to consult with the countries of the 

24 Caribbean Community (CARICOM) in preparation for 

25 their inclusion into the Merida Initiative. 

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1 (c) INCORPORATION OF CARICOM COUNTRIES INTO

2 THE MERIDA INITIATIVE.—The President is authorized to 

3 incorporate the CARICOM countries into the Merida Ini4 tiative. 

5 SEC. 903. CARICOM COUNTRY DEFINED. 

6 In this title, the term ‘‘CARICOM country’’ means 

7 a country that has been a full member country of the Car8 ibbean Community (CARICOM) for at least five years or 

9 the Dominican Republic, but does not include— 

10 (1) a country having observer or associate sta11 tus in CARICOM; 

12 (2) a country the government of which the Sec13 retary of State has determined, for purposes of sec14 tion 6(j) of the Export Administration Act of 1979 

15 (as continued in effect pursuant to the International 

16 Emergency Economic Powers Act), section 40 of the 

17 Arms Export Control Act, section 620A of the For18 eign Assistance Act of 1961, or any other provision 

19 of law, is a government that has repeatedly provided 

20 support for acts of international terrorism; or 

21 (3) a country that fails to adhere to human 

22 rights standards pursuant to sections 116 and 

23 502B(2) of the Foreign Assistance Act of 1961 (22 

24 U.S.C. 2151n and 2304). 

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1 SEC. 904. 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) REPORT.— 

11 (1) IN GENERAL.—Not later than 180 days 

12 after the date of the enactment of this section and 

13 not later than December 1 of each year thereafter, 

14 the President shall transmit to the appropriate con15 gressional committees a report regarding programs 

16 and activities carried out under the Merida Initiative 

17 during the preceding fiscal year. 

18 (2) MATTERS TO BE INCLUDED.—The reports 

19 required under this subsection shall include the fol20 lowing: 

21 (A) FINDINGS.—Findings related to the 

22 impact evaluation research, operation research, 

23 and program monitoring of assistance program 

24 established under subsection (c). 

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1 (B) COORDINATION.—Efforts of the 

2 United States Government to coordinate its ac3 tivities, including— 

4 (i) a description of all counter5 narcotics and organized crime assistance 

6 provided to Merida Initiative recipient 

7 countries in the previous fiscal year; 

8 (ii) an assessment of how such assist9 ance was coordinated; and 

10 (iii) recommendations for improving 

11 coordination. 

12 (C) TRANSFER OF EQUIPMENT.—A de13 scription of the transfer of equipment, includ14 ing— 

15 (i) a description of the progress of 

16 each recipient country toward the transfer 

17 of equipment, if any, from its armed forces 

18 to law enforcement agencies; 

19 (ii) a list of agencies that have used 

20 air assets provided by the United States 

21 under the Merida Initiative to the govern22 ment of each recipient country, and, to the 

23 extent possible, a detailed description of 

24 those agencies that have utilized such air 

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1 assets, such as by a percentage breakdown 

2 of use by each agency; and 

3 (iii) a description of training of law 

4 enforcement agencies to operate equip5 ment, including air assets. 

6 (D) HUMAN RIGHTS.—In accordance with 

7 sections 116(d) and 502B(b) of the Foreign As8 sistance Act of 1961 (22 U.S.C. 2151n(d) and 

9 2304(b)) and section 504 of the Trade Act of 

10 1974 (19 U.S.C. 2464), an assessment of the 

11 human rights impact of the equipment and 

12 training provided under the Merida Initiative, 

13 including— 

14 (i) a list of accusations of serious 

15 human rights abuses committed by the 

16 armed forces and law enforcement agencies 

17 of recipient countries on or after the date 

18 of the enactment of this Act; and 

19 (ii) a description of efforts by the gov20 ernments of Merida recipient countries to 

21 investigate and prosecute allegations of 

22 abuses of human rights committed by any 

23 agency of such recipient countries. 

24 (E) EFFECTIVENESS OF EQUIPMENT.—An 

25 assessment of the long-term effectiveness of the 

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1 equipment and maintenance packages and 

2 training provided to each recipient country’s se3 curity institutions. 

4 (F) MEXICO PUBLIC SECURITY STRAT5 EGY.—A description of Mexico’s development of 

6 a public security strategy, including— 

7 (i) effectiveness of the Mexican Fed8 eral Registry of Police Personnel to vet po9 lice recruiting at the National, state, and 

10 municipal levels to prevent rehiring from 

11 one force to the next after dismissal for 

12 corruption and other reasons; and 

13 (ii) an assessment of how the Merida 

14 Initiative complements and supports the 

15 Mexican Government’s own public security 

16 strategy. 

17 (G) CENTRAL AMERICAN REGIONAL SECU18 RITY PLAN.—A description of implementation 

19 by the countries of Central America of the Cen20 tral American Regional Security Plan, including 

21 an assessment of how the Merida Initiative 

22 complements and supports the Central Amer23 ican Regional Security Plan. 

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 SEC. 905. MERIDA INITIATIVE DEFINED. 

22 In this subtitle, the term ‘‘Merida Initiative’’ means 

23 the program announced by the United States and Mexico 

24 on October 22, 2007, to fight illicit narcotics trafficking 

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1 and criminal organizations throughout the Western Hemi2 sphere. 

3 TITLE X—REPORTING 

4 REQUIREMENTS 

5 SEC. 1001. REPORT ON UNITED STATES CAPACITIES TO 

6 PREVENT GENOCIDE AND MASS ATROCITIES. 

7 (a) STATEMENT OF POLICY AND STRATEGY RE8 QUIRED.—It is the policy of the United States to make 

9 the prevention of genocide and mass atrocities wherever 

10 they may occur a national priority. Toward this end, the 

11 President, in consultation with Congress, shall develop and 

12 promulgate a government wide-strategy for effective early 

13 warning and preventive action in situations where geno14 cide or mass atrocities may occur, and strengthen preven15 tive diplomacy capacities within the Department of State 

16 to prevent and respond to threats of genocide or mass 

17 atrocities. 

18 (b) REPORT.—Not later than 180 days after the date 

19 of the enactment of this Act, the President shall transmit 

20 to the appropriate congressional committees a report on 

21 specific plans for the development of a government-wide 

22 strategy for preventing genocide and mass atrocities in ac23 cordance with subsection (a). 

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1 SEC. 1002. REPORTS RELATING TO PROGRAMS TO ENCOUR2 AGE GOOD GOVERNANCE. 

3 (a) IN GENERAL.—Subparagraph (C) of section 

4 133(d)(2) of the Foreign Assistance Act of 1961 (22 

5 U.S.C. 2152c(d)(2)) is amended by inserting at the end 

6 before the period the following: ‘‘, including, with respect 

7 to a country that produces or exports large amounts of 

8 natural resources such as petroleum or natural resources, 

9 the degree to which citizens of the country have access 

10 to information about government revenue from the extrac11 tion of such resources and credible reports of human 

12 rights abuses against individuals from civil society or the 

13 media seeking to monitor such extraction.’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall apply with respect to reports required 

16 to be transmitted under section 133(d)(2) of the Foreign 

17 Assistance Act of 1961, as so amended, on or after the 

18 date of the enactment of this Act. 

19 SEC. 1003. REPORTS ON HONG KONG. 

20 Section 301 of the United States-Hong Kong Policy 

21 Act of 1992 (Public Law 102–383; 22 U.S.C. 5731) is 

22 amended, in the matter preceding paragraph (1), by strik23 ing ‘‘and March 31, 2006’’ and inserting ‘‘March 31, 

24 2006, and March 31, 2010, and March 31 of every subse25 quent year through 2020’’. 

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1 SEC. 1004. DEMOCRACY IN GEORGIA. 

2 (a) SENSE OF CONGRESS.—It is the sense of Con3 gress that the development and consolidation of effective 

4 democratic governance in Georgia, including free and fair 

5 electoral processes, respect for human rights and the rule 

6 of law, an independent media, an independent judiciary, 

7 a vibrant civil society, as well as transparency and ac8 countability of the executive branch and legislative proc9 ess, is critically important to Georgia’s integration into 

10 Euro-Atlantic institutions, stability in the Caucasus re11 gion, and United States national security. It is further the 

12 sense of Congress that United States should continue to 

13 affirm the right of Georgia to exercise sovereignty over 

14 all of its territory and the United States should urge the 

15 European Union, its member-states, and the entire inter16 national community to call for an immediate and complete 

17 withdrawal by Russia of its troops now deployed within 

18 Georgia and an immediate end of all forms of Russia’s 

19 support for the separatist regions of Georgia. 

20 (b) REPORT ON DEMOCRACY IN GEORGIA.— 

21 (1) IN GENERAL.—Not later than 180 days 

22 after the date of the enactment of this Act, and not 

23 later than December 31 of each of the two fiscal 

24 years thereafter, the Secretary of State shall submit 

25 to the Committee on Foreign Affairs of the House 

26 of Representatives and the Committee on Foreign 

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1 Relations of the Senate a report on the programs, 

2 projects, and activities carried out in Georgia with 

3 United States foreign assistance following the Au4 gust 2008 conflict with Russia and on continuing 

5 United States efforts to monitor the security of 

6 Georgia, Russian activities in Georgia, and diplo7 matic efforts to support the sovereignty of Georgia. 

8 (2) CONTENTS.—The report required under 

9 paragraph (1) shall include information concerning 

10 the following: 

11 (A) The amount of United States assist12 ance obligated and expended for reconstruction 

13 activities for the prior fiscal year. 

14 (B) A description of the programs funded 

15 by such assistance, including humanitarian aid, 

16 reconstruction of critical infrastructure, eco17 nomic development, political and democratic de18 velopment, and broadcasting. 

19 (C) An evaluation of the impact of such 

20 programs, including their contribution to the 

21 consolidation of democracy in Georgia and ef22 forts by the Government of Georgia to improve 

23 democratic governance. 

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1 (D) An analysis of the implementation of 

2 the United States-Georgia Charter on Strategic 

3 Partnership. 

4 (E) An assessment of the security of Geor5 gia from external attack and internal conflict, 

6 including any acts by Russia or elements of its 

7 military or other agencies that may violate the 

8 sovereignty of Georgia or increase the likelihood 

9 of renewed conflict in Georgia. 

10 (F) The status of United States diplomatic 

11 efforts in support of Georgia’s sovereignty, spe12 cifically those steps undertaken by the United 

13 States to assist Georgia in ensuring those de14 fenses necessary to deter further attacks and 

15 steps taken to work with the European Union 

16 and its member-states to persuade the Govern17 ment of Russia to full and immediately with18 draw its forces from all of the territory of Geor19 gia and to end all of its forms of support for 

20 the separatist regions within Georgia. 

21 SEC. 1005. DIPLOMATIC RELATIONS WITH ISRAEL. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that the United States should assist Israel in its ef24 forts to establish diplomatic relations. 

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1 (b) REPORT.—Not later than 90 days after the date 

2 of the enactment of this Act and annually thereafter, the 

3 Secretary of State shall submit to the appropriate congres4 sional committees a report that includes the following in5 formation: 

6 (1) Actions taken by representatives of the 

7 United States to encourage other countries to estab8 lish full diplomatic relations with Israel. 

9 (2) Specific responses solicited and received by 

10 the Secretary from countries that do not maintain 

11 full diplomatic relations with Israel with respect to 

12 their attitudes toward and plans for entering into 

13 diplomatic relations with Israel. 

14 (3) Other measures being undertaken, and 

15 measures that will be undertaken, by the United 

16 States to ensure and promote Israel’s full participa17 tion in the world diplomatic community. 

18 (c) FORM OF SUBMISSION.—The report required 

19 under subsection (b) may be submitted in classified or un20 classified form, as the Secretary determines appropriate. 

21 SEC. 1006. POLICE TRAINING REPORT. 

22 (a) IN GENERAL.—Not later than 180 days after the 

23 date of the enactment of this Act, the President shall, in 

24 coordination with the heads of relevant Federal depart25 ments and agencies, conduct a study and transmit to Conmstockstill on PROD1PC66 with BILLS

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1 gress a report on current overseas civilian police training 

2 in countries or regions that are at risk of, in, or are in 

3 transition from, conflict or civil strife. 

4 (b) CONTENTS.—The report required under sub5 section (a) shall contain information on the following: 

6 (1) The coordination, communication, program 

7 management, and policy implementation among the 

8 United States civilian police training programs in 

9 countries or regions that are at risk of, in, or are 

10 in transition from, conflict or civil strife. 

11 (2) The number of private contractors con12 ducting such training, and the quality and cost of 

13 such private contractors. 

14 (3) An assessment of pre-training procedures 

15 for verification of police candidates to adequately as16 sess their aptitude, professional skills, integrity, and 

17 other qualifications that are essential to law enforce18 ment work. 

19 (4) An analysis of the practice of using existing 

20 Federal police entities to provide civilian police 

21 training in countries or regions that are at risk of, 

22 in, or are in transition from, conflict or civil strife, 

23 along with the subject matter expertise that each 

24 such entity may provide to meet local needs in lieu 

25 of the use of private contractors. 

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1 (5) Provide recommendations, including rec2 ommendations related to required resources and ac3 tions, to maximize the effectiveness and interagency 

4 coordination and the adequate provision of civilian 

5 police training programs in countries or regions that 

6 are at risk of, in, or are in transition from, conflict 

7 or civil strife. 

8 SEC. 1007. REVIEW OF SECURITY ASSISTANCE FOR EGYPT. 

9 (a) DECLARATION OF POLICY.—It shall be the policy 

10 of the United States to use its foreign assistance for 

11 Egypt, including assistance under the Foreign Military Fi12 nancing Program, to encourage the advancement of polit13 ical, economic, and religious liberty in Egypt. 

14 (b) REVIEW OF SECURITY ASSISTANCE FOR

15 EGYPT.— 

16 (1) IN GENERAL.—Not later than 180 days 

17 after the date of the enactment of this Act, the Sec18 retary of State shall conduct a study and submit to 

19 the appropriate congressional committees a report 

20 on United States security assistance to the Govern21 ment of Egypt. 

22 (2) CONTENTS.—The report submitted under 

23 paragraph (1) shall contain— 

24 (A) a description of the strategic objectives 

25 of the United States regarding the provision of 

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1 security assistance and security cooperation 

2 programs to the Government of Egypt; 

3 (B) biennial outlays for United States as4 sistance to the Government of Egypt for the 

5 purposes of strategic planning, training, provi6 sion of equipment, and construction of facilities, 

7 including funding streams; 

8 (C) a description of vetting and end-user 

9 monitoring systems in place by both the Gov10 ernment of Egypt and the United States for de11 fense articles and training provided by the 

12 United States, including human rights vetting; 

13 and 

14 (D) recommendations, including required 

15 resources and actions to maximize the effective16 ness of United States security assistance to the 

17 Government of Egypt. 

18 (3) COORDINATION.—The report submitted 

19 under paragraph (1) shall be coordinated with the 

20 Secretary of Defense and other relevant agencies. 

21 (c) GOVERNMENT ACCOUNTABILITY OFFICE RE22 PORT.—Not later than 120 days after the date of the sub23 mission of the report required under subsection (b), the 

24 Comptroller General of the United States shall submit to 

25 the appropriate congressional committees a report that— 

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1 (1) reviews and comments on the report re2 quired under subsection (b); and 

3 (2) provides recommendations regarding any 

4 additional necessary actions. 

5 SEC. 1008. REVIEW OF SECURITY ASSISTANCE FOR YEMEN. 

6 (a) IN GENERAL.—Not later than 180 days after the 

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

8 shall conduct a study and submit to Congress a report 

9 on United States security assistance to the Government 

10 of Yemen. 

11 (b) CONTENTS.—The report required under sub12 section (a) shall contain— 

13 (1) a description of the strategic objectives of 

14 the United States regarding the provision of security 

15 assistance and security cooperation programs to the 

16 Government of Yemen; 

17 (2) a threat assessment for Yemen; 

18 (3) biennial outlays for United States assistance 

19 to the Government of Yemen for the purposes of 

20 strategic planning, training, provision of equipment, 

21 and construction of facilities, including funding 

22 streams; 

23 (4) a description of vetting and end-user moni24 toring systems in place by both the Government of 

25 Yemen and the United States for defense articles 

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1 and training provided by the United States, to in2 clude human rights vetting; 

3 (5) a description of actions that the Govern4 ment of Yemen is taking to combat foreign terrorist 

5 organizations; and 

6 (6) recommendations, including required re7 sources and actions to maximize the effectiveness 

8 United States security assistance to the Government 

9 of Yemen. 

10 (c) COORDINATION.—The report required under sub11 section (a) shall be coordinated with the Secretary of De12 fense and other relevant agencies. 

13 (d) GOVERNMENT ACCOUNTABILITY OFFICE RE14 PORT.—Not later than 120 days after the date of the sub15 mission of the report required under subsection (a), the 

16 Comptroller General of the United States shall submit to 

17 Congress a report that— 

18 (1) reviews and comments on such report; and 

19 (2) provides recommendations regarding any 

20 additional necessary actions. 

21 SEC. 1009. REVIEW OF SECURITY ASSISTANCE FOR THE 

22 GOVERNMENT OF LEBANON. 

23 (a) REQUIREMENT.—Not later than 180 days after 

24 the date of the enactment of this Act and annually there25 after in connection with the submission of congressional 

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1 presentation materials for the foreign operations appro2 priations and defense appropriations budget request, the 

3 Secretary of State shall submit to the appropriate congres4 sional committees a report that includes the following: 

5 (1) A description of the strategic objectives of 

6 the United States regarding the provision of security 

7 assistance and security cooperation programs to the 

8 Government of Lebanon, including arms sales to the 

9 Government of Lebanon, and a strategy for achiev10 ing those objectives. 

11 (2) Biennial outlays for United States security 

12 assistance to the Government of Lebanon for the 

13 purposes of strategic planning, training, provision of 

14 equipment, and construction of facilities. 

15 (3) A breakdown of contributions and assist16 ance provided by the United States, international or17 ganizations, and other countries and entities to the 

18 Government of Lebanon, including the Ministry of 

19 Defense, the Ministry of Interior, the Lebanese 

20 Armed Forces, the Internal Security Forces, the 

21 General Security Directorate, the General Direc22 torate of State Security, Lebanese Military Intel23 ligence, and other organizations or agencies. 

24 (4) A description of vetting and end-user moni25 toring systems in place by the Government of Lebmstockstill on PROD1PC66 with BILLS

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1 anon, the United States, international organizations, 

2 and other countries and entities providing security 

3 assistance to the Government of Lebanon. 

4 (5) Metrics utilized by the United States Gov5 ernment for measuring whether United States secu6 rity assistance and security cooperation programs 

7 have improved the capacity of the Government of 

8 Lebanon’s security forces to operate. 

9 (b) CLASSIFIED ANNEX.—The report required under 

10 subsection (a) shall be in unclassified form to the max11 imum extent possible, and may include a classified annex 

12 where necessary. 

13 SEC. 1010. REPORT ON ACTIVITIES IN HAITI. 

14 Not later than 180 days after the date of the enact15 ment of this Act, the Director of United States Foreign 

16 Assistance, in conjunction with the Secretary of State, 

17 shall submit to the appropriate congressional committees 

18 a report on the following: 

19 (1) HURRICANE EMERGENCY RECOVERY.—The 

20 status of activities in Haiti funded or authorized, in 

21 whole or in part, by the Department of State and 

22 the United States Agency for International Develop23 ment (USAID) through assistance appropriated 

24 under the Consolidated Security, Disaster Assist25 ance, and Continuing Appropriations Act, 2009. 

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1 (2) GENERAL ACTIVITIES.—A summary of ac2 tivities funded or authorized, in whole or in part, by 

3 the Department of State and USAID in the previous 

4 12-month period, how such activities are coordinated 

5 with the work of the Government of Haiti to provide 

6 a safe and prosperous democracy for its citizens, and 

7 a description of efforts being made to build the ca8 pacity of the Government of Haiti to assume man9 agement and implementation of such activities. 

10 (3) COORDINATION.—A description of how 

11 United States assistance is coordinated— 

12 (A) among United States departments and 

13 agencies; and 

14 (B) with other donors to Haiti, including 

15 programs through the United Nations, the 

16 Inter-American Development Bank, and the Or17 ganization of American States. 

18 (4) BENCHMARKS.—A summary of short-term 

19 and long-term objectives for United States assist20 ance to Haiti and metrics that will be used to iden21 tify, track, and manage the progress of United 

22 States activities in Haiti. 

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1 TITLE XI—MISCELLANEOUS 

2 PROVISIONS 

3 SEC. 1101. ASSISTANCE TO SUPPORT MEASURES FOR THE 

4 REUNIFICATION OF CYPRUS. 

5 (a) ASSISTANCE AUTHORIZED.—The President is au6 thorized to provide assistance under this Act and the For7 eign Assistance Act of 1961 to support measures aimed 

8 at the reunification of Cyprus. 

9 (b) CONSULTATION.—The President shall, to the 

10 maximum extent practicable, consult with the Government 

11 of the Republic of Cyprus with respect to the provision 

12 of assistance under subsection (a) in order to ensure the 

13 transparency of such assistance. 

14 (c) REPORT.—The President shall transmit to the 

15 appropriate congressional committees a report on the im16 plementation of this section for each of the fiscal years 

17 2010 and 2011. The report shall include a description of 

18 the recipients of assistance under subsection (a), the ob19 jectives of the programs and activities for which the assist20 ance is provided, and the role of United States-funded pro21 grams and activities in helping achieve the reunification 

22 of Cyprus. 

23 (d) AUTHORIZATION OF APPROPRIATIONS.—Of the 

24 amounts authorized to be appropriated under this Act and 

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1 onciliation, and cooperation between communities of for2 eign countries and related purposes, there is authorized 

3 to be appropriated to the President such sums as may be 

4 necessary for each of the fiscal years 2010 and 2011 to 

5 carry out this section. 

6 SEC. 1102. LIMITATION ON ASSISTANCE TO THE FORMER 

7 YUGOSLAV REPUBLIC OF MACEDONIA. 

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

9 (1) Greece has demonstrated an enormous good 

10 will gesture in agreeing that ‘‘Macedonia’’ may be 

11 included in the future name of the Former Yugoslav 

12 Republic of Macedonia (FYROM) as long as that 

13 term is combined with a geographic qualifier that 

14 makes it clear that there are no territorial ambitions 

15 on the part of the FYROM with regard to the his16 torical boundaries of the Greek province of Mac17 edonia. 

18 (2) The FYROM continues to utilize materials 

19 that violate provisions of the United Nations-bro20 kered Interim Agreement between the FYROM and 

21 Greece regarding hostile activities or propaganda, 

22 and has failed to work with the United Nations and 

23 Greece to achieve the longstanding goals of the 

24 United States and the United Nations to find a mu25 tually acceptable, new official name for the FYROM. 

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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that amounts authorized to be appropriated under 

3 this Act or the Foreign Assistance Act of 1961 for the 

4 FYROM should be conditioned on the FYROM’s willing5 ness to engage in meaningful discussions with Greece in 

6 accordance with United Nations Security Council Resolu7 tion 817. 

8 (c) LIMITATION.—None of the funds authorized to be 

9 appropriated under this Act or the Foreign Assistance Act 

10 of 1961 may be made available to the FYROM for pro11 grams and activities that directly or indirectly promote 

12 hostile activities or propaganda by state-controlled agen13 cies of the FYROM or encourage acts by private entities 

14 likely to incite violence, hatred or hostility, including sup15 port for printing and publishing of textbooks, maps, and 

16 teaching aids that may include inaccurate information on 

17 the histories and geographies of Greece and FYROM. 

18 (d) REPORT.—The President shall transmit to the 

19 appropriate congressional committees a report on the im20 plementation of this section for each of the fiscal years 

21 2010 and 2011. The report shall include a description of 

22 the recipients of assistance provided to the FYROM under 

23 this Act and the Foreign Assistance Act of 1961, the ob24 jectives of the programs and activities for which the assist25 ance is provided, and the role of United States-funded promstockstill on PROD1PC66 with BILLS

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1 grams and activities in helping achieve an agreement be2 tween Greece and the FYROM on an acceptable name for 

3 the FYROM. 

4 SEC. 1103. STATEMENT OF POLICY REGARDING THE ECU5 MENICAL PATRIARCHATE. 

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

7 (1) The Ecumenical Patriarchate is the spir8 itual home of the world’s oldest and second largest 

9 Christian Church. 

10 (2) Within the 2,000 year old Sacred See of the 

11 Ecumenical Patriarchate, the New Testament was 

12 codified and the Nicene Creed was created. 

13 (3) Ecumenical Patriarch Bartholomew is one 

14 of the world’s preeminent spiritual leaders and 

15 peacemakers representing over 300 million Orthodox 

16 Christians worldwide. 

17 (4) The disappearance of the Sacred See would 

18 mean the end of a crucial link between the Christian 

19 and the Muslim world since the continuing presence 

20 of the Ecumenical Patriarchate in Turkey is a living 

21 testimony of religious co-existence since 1453. 

22 (5) The Ecumenical Patriarchate has a record 

23 of reaching out and working for peace and reconcili24 ation amongst all faiths and has fostered dialogue 

25 among Christians, Jews, and Muslims. 

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1 (6) The Ecumenical Patriarchate co-sponsored 

2 the Peace and Tolerance Conference in Istanbul 

3 which issued the Bosphorus Declaration that stated, 

4 ‘‘A crime committed in the name of religion is a 

5 crime against religion.’’. 

6 (7) The Ecumenical Patriarch Bartholomew 

7 stated in Brussels in 2004, ‘‘The Ecumenical Patri8 archate is a supranational ecclesiastical institution 

9 . . . which demonstrates religious tolerance as a 

10 beautiful reality. For we bear respect toward all of 

11 our humans, irrespective of their faith. Without any 

12 trace of fanaticism or discrimination on account of 

13 differences of religion, we coexist peacefully and in 

14 a spirit that honors each and every human being.’’. 

15 (8) The Ecumenical Patriarch Bartholomew has 

16 called for the admission of Turkey into the Euro17 pean Union because, ‘‘. . . it may provide a concrete 

18 example and a powerful symbol of mutually bene19 ficial cooperation between the western and Islamic 

20 worlds and put an end to the talk of the clash of civ21 ilizations. This in turn would be a true strength22 ening of Europe and the European ideals that con23 verge with the values of the ‘pilgrims of the book’ 

24 spoken of by the current Prime Minister of Tur25 key.’’. 

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1 (9) In 1993 the European Union defined the 

2 membership criteria for accession to the European 

3 Union at the Copenhagen European Council, obli4 gating candidate countries to have achieved certain 

5 levels of reform, including stability of institutions 

6 guaranteeing democracy, the rule of law, and human 

7 rights, and respect for and protection of minorities. 

8 (10) Under the terms of the draft European 

9 Union Constitution, current, and prospective mem10 ber states should have the goal of eliminating dis11 crimination based on sex, race, color, ethnic or social 

12 origin, genetic features, language, religion or belief, 

13 political or any other opinion, membership of a na14 tional minority, property, birth, disability, age, or 

15 sexual orientation. 

16 (11) The Turkish Constitution secures religious 

17 rights for all Turkish citizens. 

18 (12) The Government of Turkey has failed to 

19 recognize the Ecumenical Patriarchate’s inter20 national status. 

21 (13) The Government of Turkey has limited to 

22 Turkish nationals the candidates available to the 

23 Holy Synod of the Greek Orthodox Church for selec24 tion as the Ecumenical Patriarchate and reneged on 

25 its agreement to reopen the Theological School at 

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1 Halki, thus impeding training for the Orthodox cler2 gy in Turkey. 

3 (14) The Government of Turkey has confiscated 

4 75 percent of the Ecumenical Patriarchate prop5 erties and has placed a 42 percent retroactive tax on 

6 the Balukli Hospital of Istanbul which is operated 

7 by the Ecumenical Patriarchate. 

8 (15) The European Council has agreed to open 

9 accession negotiations with Turkey, conditional upon 

10 the continuation by Turkey of reform processes to 

11 increase protection and support for human rights 

12 and civil liberties. 

13 (b) STATEMENT OF POLICY.—The United States 

14 calls on the Republic of Turkey to— 

15 (1) based on the goals set forth in the draft of 

16 the European Union Constitution, eliminate all 

17 forms of discrimination, particularly those based on 

18 race or religion, and immediately— 

19 (A) grant the Ecumenical Patriarchate ap20 propriate international recognition and eccle21 siastic succession; 

22 (B) grant the Ecumenical Patriarchate the 

23 right to train clergy of all nationalities, not just 

24 Turkish nationals; and 

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1 (C) respect the human rights and property 

2 rights of the Ecumenical Patriarchate; 

3 (2) pledge to uphold and safeguard religious 

4 and human rights without compromise; 

5 (3) continue the achievement of processes and 

6 programs to modernize and democratize its society; 

7 and 

8 (4) respect international law and the basic te9 nets of human rights. 

10 SEC. 1104. FREEDOM OF THE PRESS. 

11 (a) SHORT TITLE.—This section may be cited as the 

12 ‘‘Daniel Pearl Freedom of the Press Act of 2009’’. 

13 (b) INCLUSION OF ADDITIONAL INFORMATION RE14 LATING TO FREEDOM OF THE PRESS WORLDWIDE IN AN15 NUAL COUNTRY REPORTS ON HUMAN RIGHTS PRAC16 TICES.—The Foreign Assistance Act of 1961 is amend17 ed— 

18 (1) in section 116(d) (22 U.S.C. 2151n(d)), as 

19 amended by section 333(d) of this Act— 

20 (A) in paragraph (11), by striking ‘‘and’’ 

21 at the end; 

22 (B) in paragraph (12), by striking the pe23 riod at the end and inserting ‘‘; and’’; and 

24 (C) by adding at the end the following new 

25 paragraph: 

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1 ‘‘(13) wherever applicable— 

2 ‘‘(A) a description of the status of freedom 

3 of the press, including initiatives in favor of 

4 freedom of the press and efforts to improve or 

5 preserve, as appropriate, the independence of 

6 the media, together with an assessment of 

7 progress made as a result of those efforts; 

8 ‘‘(B) an identification of countries in which 

9 there were violations of freedom of the press, 

10 including direct physical attacks, imprisonment, 

11 indirect sources of pressure, and censorship by 

12 governments, military, intelligence, or police 

13 forces, criminal groups, or armed extremist or 

14 rebel groups; and 

15 ‘‘(C) in countries where there are particu16 larly severe violations of freedom of the press— 

17 ‘‘(i) whether government authorities 

18 of each such country participate in, facili19 tate, or condone such violations of the free20 dom of the press; and 

21 ‘‘(ii) what steps the government of 

22 each such country has taken to preserve 

23 the safety and independence of the media, 

24 and to ensure the prosecution of those inmstockstill on PROD1PC66 with BILLS

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1 dividuals who attack or murder journal2 ists.’’; and 

3 (2) in section 502B (22 U.S.C. 2304), by add4 ing at the end the following new subsection: 

5 ‘‘(i) The report required by subsection (b) shall in6 clude, wherever applicable— 

7 ‘‘(1) a description of the status of freedom of 

8 the press, including initiatives in favor of freedom of 

9 the press and efforts to improve or preserve, as ap10 propriate, the independence of the media, together 

11 with an assessment of progress made as a result of 

12 those efforts; 

13 ‘‘(2) an identification of countries in which 

14 there were violations of freedom of the press, includ15 ing direct physical attacks, imprisonment, indirect 

16 sources of pressure, and censorship by governments, 

17 military, intelligence, or police forces, criminal 

18 groups, or armed extremist or rebel groups; and 

19 ‘‘(3) in countries where there are particularly 

20 severe violations of freedom of the press— 

21 ‘‘(A) whether government authorities of 

22 each such country participate in, facilitate, or 

23 condone such violations of the freedom of the 

24 press; and 

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1 ‘‘(B) what steps the government of each 

2 such country has taken to preserve the safety 

3 and independence of the media, and to ensure 

4 the prosecution of those individuals who attack 

5 or murder journalists.’’. 

6 (c) FREEDOM OF THE PRESS GRANT PROGRAM.— 

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

8 administer a grant program with the aim of pro9 moting freedom of the press worldwide. The grant 

10 program shall be administered by the Department of 

11 State’s Bureau of Democracy, Human Rights and 

12 Labor in consultation with the Undersecretary for 

13 Public Affairs and Public Diplomacy. 

14 (2) AMOUNTS AND TIME.—Grants may be 

15 awarded to nonprofit and international organizations 

16 and may span multiple years, up to five years. 

17 (3) PURPOSE.—Grant proposals should promote 

18 and broaden press freedoms by strengthening the 

19 independence of journalists and media organizations, 

20 promoting a legal framework for freedom of the 

21 press, or through providing regionally and culturally 

22 relevant training and professionalization of skills to 

23 meet international standards in both traditional and 

24 digital media. 

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1 (d) MEDIA ORGANIZATION DEFINED.—In this sec2 tion, the term ‘‘media organization’’ means a group or or3 ganization that gathers and disseminates news and infor4 mation to the public (through any medium of mass com5 munication) in a foreign country in which the group or 

6 organization is located, except that the term does not in7 clude a group or organization that is primarily an agency 

8 or instrumentality of the government of such foreign coun9 try. The term includes an individual who is an agent or 

10 employee of such group or organization who acts within 

11 the scope of such agency or employment. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

13 authorized to be appropriated such sums as may be nec14 essary to carry out this section. 

15 SEC. 1105. INFORMATION FOR COUNTRY COMMERCIAL 

16 GUIDES ON BUSINESS AND INVESTMENT CLI17 MATES. 

18 (a) IN GENERAL.—The Director General of the For19 eign Commercial Service, in consultation with the Assist20 ant Secretary of Commerce for Trade Promotion and the 

21 Assistant Secretary of State for Economic, Energy and 

22 Business Affairs, should ensure that the annual Country 

23 Commercial Guides for United States businesses include— 

24 (1) detailed assessments concerning each for25 eign country in which acts of unfair business and inmstockstill on PROD1PC66 with BILLS

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1 vestment practices or other actions that have re2 sulted in poor business and investment climates 

3 were, in the opinion of the Director General of the 

4 Foreign Commercial Service, of major significance; 

5 (2) all relevant information about such unfair 

6 business and investment practices or other actions 

7 during the preceding year by members of the busi8 ness community, the judiciary, and the government 

9 of such country which may have impeded United 

10 States business or investment in such country, in11 cluding the capacity for United States citizens to op12 erate their businesses without fear of reprisals; and 

13 (3) information on— 

14 (A) the extent to which the government of 

15 such country is working to prevent unfair busi16 ness and investment practices; and 

17 (B) the extent of United States Govern18 ment action to prevent unfair business and in19 vestment practices or other actions that harm 

20 United States business or investment interests 

21 in relevant cases in such country. 

22 (b) ADDITIONAL PROVISIONS TO BE INCLUDED.— 

23 The information required under subsection (a) should, to 

24 the extent feasible, include— 

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1 (1) with respect to paragraph (1) of such sub2 section— 

3 (A) a review of the efforts undertaken by 

4 each foreign country to promote a healthy busi5 ness and investment climate that is also condu6 cive to the United States business community 

7 and United States investors, including, as ap8 propriate, steps taken in international fora; 

9 (B) the response of the judicial and local 

10 arbitration systems of each such country that is 

11 the subject of such detailed assessment with re12 spect to matters relating to the business and in13 vestment climates affecting United States citi14 zens and entities, or that have, in the opinion 

15 of the Director General of the Foreign Com16 mercial Service, a significant impact on United 

17 States business and investment efforts; and 

18 (C) each such country’s access to the 

19 United States market; 

20 (2) with respect to paragraph (2) of such sub21 section— 

22 (A) any actions undertaken by the govern23 ment of each foreign country that prevent 

24 United States citizens and businesses from re25 ceiving equitable treatment; 

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1 (B) actions taken by private businesses 

2 and citizens of each such country against mem3 bers of the United States business community 

4 and United States investors; 

5 (C) unfair decisions rendered by the legal 

6 systems of each such country that clearly ben7 efit State and local corporations and industries; 

8 and 

9 (D) unfair decisions rendered by local arbi10 tration panels of each such country that do not 

11 exemplify objectivity and do not provide an eq12 uitable ground for United States citizens and 

13 businesses to address their disputes; and 

14 (3) with respect to paragraph (3) of such sub15 section, actions taken by the United States Govern16 ment to— 

17 (A) promote the rule of law; 

18 (B) prevent discriminatory treatment of 

19 United States citizens and businesses engaged 

20 in business or investment activities in each for21 eign country; 

22 (C) allow United States goods to enter 

23 each such country without requiring a co-pro24 duction agreement; and 

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1 (D) protect United States intellectual 

2 property rights. 

3 (c) CONSULTATION.—In carrying out this section, the 

4 Director General of the Foreign Commercial Service shall 

5 consult with business leaders, union leaders, representa6 tives of the judicial system of each foreign country de7 scribed in subsection (a), and relevant nongovernmental 

8 organizations. 

9 (d) BUSINESS AND INVESTMENT CLIMATE WARN10 INGS.—The Secretary of State, with the assistance of the 

11 Assistant Secretary of State for Economic, Energy and 

12 Business Affairs, as well as the Assistant Secretary of 

13 Commerce for Trade Promotion and the Director General 

14 of the Foreign Commercial Service, shall establish a warn15 ing system that effectively alerts United States businesses 

16 and investors of— 

17 (1) a significant deterioration in the business 

18 and investment climate in a foreign country, includ19 ing discriminatory treatment of United States busi20 nesses; or 

21 (2) a significant constraint on the ability of the 

22 United States Government to assist United States 

23 businesses and investors in a foreign country, such 

24 as to the closure of a United States diplomatic or 

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1 consular mission, that is not explained in the most 

2 recent Country Commercial Guide for such country. 

3 (e) DEFINITIONS.—In this section: 

4 (1) CO-PRODUCTION AGREEMENT.—The term 

5 ‘‘co-production agreement’’ means a United States 

6 Government or United States business working with 

7 a foreign government, foreign company, or an inter8 national organization to produce or manufacture an 

9 item. 

10 (2) RULE OF LAW.—The term ‘‘rule of law’’ 

11 means the extent to which laws of a foreign country 

12 are publicly promulgated, equally enforced, inde13 pendently adjudicated, and are consistent with inter14 national norms and standards. 

15 (3) UNFAIR BUSINESS AND INVESTMENT PRAC16 TICES.—The term ‘‘unfair business and investment 

17 practices’’ includes any of the following: 

18 (A) Unlawful actions under international 

19 law or the law of the foreign country taken by 

20 the government of such country or by busi21 nesses, citizens, or other entities of such coun22 try that have resulted in lost assets, contracts, 

23 or otherwise contributed to an inhospitable 

24 business or investment climate. 

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1 (B) Discriminatory treatment of United 

2 States businesses, whether wholly or partially 

3 owned. 

4 (C) Failure to protect intellectual property 

5 rights. 

6 (D) Requiring a co-production agreement 

7 in order for goods from the United States to 

8 enter a foreign country. 

9 SEC. 1106. INTERNATIONAL PROTECTING GIRLS BY PRE10 VENTING CHILD MARRIAGE. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that— 

13 (1) child marriage is a violation of human 

14 rights and the prevention and elimination of child 

15 marriage should be a foreign policy goal of the 

16 United States; 

17 (2) the practice of child marriage undermines 

18 United States investments in foreign assistance to 

19 promote education and skills building for girls, re20 duce maternal and child mortality, reduce maternal 

21 illness, halt the transmission of HIV/AIDS, prevent 

22 gender-based violence, and reduce poverty; and 

23 (3) expanding educational opportunities for 

24 girls, economic opportunities for women, and reduc25 ing maternal and child mortality are critical to 

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1 achieving the Millennium Development Goals and 

2 the global health and development objectives of the 

3 United States, including efforts to prevent HIV/ 

4 AIDS. 

5 (b) STRATEGY TO PREVENT CHILD MARRIAGE IN

6 DEVELOPING COUNTRIES.— 

7 (1) STRATEGY REQUIRED.—The President, act8 ing through the Secretary of State, shall establish a 

9 multi-year strategy to prevent child marriage in de10 veloping countries and promote the empowerment of 

11 girls at risk of child marriage in developing coun12 tries, including by addressing the unique needs, 

13 vulnerabilities, and potential of girls under 18 in de14 veloping countries. 

15 (2) CONSULTATION.—In establishing the strat16 egy required by paragraph (1), the President shall 

17 consult with Congress, relevant Federal departments 

18 and agencies, multilateral organizations, and rep19 resentatives of civil society. 

20 (3) ELEMENTS.—The strategy required by 

21 paragraph (1) shall— 

22 (A) focus on areas in developing countries 

23 with high prevalence of child marriage; and 

24 (B) encompass diplomatic initiatives be25 tween the United States and governments of 

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1 developing countries, with attention to human 

2 rights, legal reforms and the rule of law, and 

3 programmatic initiatives in the areas of edu4 cation, health, income generation, changing so5 cial norms, human rights, and democracy build6 ing. 

7 (4) REPORT.—Not later than 180 days after 

8 the date of the enactment of this Act, the President 

9 shall transmit to Congress a report that includes— 

10 (A) the strategy required by paragraph 

11 (1); 

12 (B) an assessment, including data 

13 disaggregated by age and gender to the extent 

14 possible, of current United States-funded ef15 forts to specifically assist girls in developing 

16 countries; and 

17 (C) examples of best practices or programs 

18 to prevent child marriage in developing coun19 tries that could be replicated. 

20 (c) RESEARCH AND DATA COLLECTION.—The Sec21 retary of State shall work with relevant Federal depart22 ments and agencies as part of their ongoing research and 

23 data collection activities, to— 

24 (1) collect and make available data on the inci25 dence of child marriage in countries that receive formstockstill on PROD1PC66 with BILLS

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1 eign or development assistance from the United 

2 States where the practice of child marriage is preva3 lent; and 

4 (2) collect and make available data on the im5 pact of the incidence of child marriage and the age 

6 at marriage on progress in meeting key development 

7 goals. 

8 (d) DEPARTMENT OF STATE’S COUNTRY REPORTS

9 ON HUMAN RIGHTS PRACTICES.—The Foreign Assistance 

10 Act of 1961 is amended— 

11 (1) in section 116 (22 U.S.C. 2151n), by add12 ing at the end the following new subsection: 

13 ‘‘(g) The report required by subsection (d) shall in14 clude for each country in which child marriage is prevalent 

15 at rates at or above 40 percent in at least one sub-national 

16 region, a description of the status of the practice of child 

17 marriage in such country. In this subsection, the term 

18 ‘child marriage’ means the marriage of a girl or boy, not 

19 yet the minimum age for marriage stipulated in law in 

20 the country in which such girl or boy is a resident.’’; and 

21 (2) in section 502B (22 U.S.C. 2304), as 

22 amended by section 1106(b)(2) of this Act, is fur23 ther amended by adding at the end the following 

24 new subsection: 

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1 ‘‘(j) The report required by subsection (b) shall in2 clude for each country in which child marriage is prevalent 

3 at rates at or above 40 percent in at least one sub-national 

4 region, a description of the status of the practice of child 

5 marriage in such country. In this subsection, the term 

6 ‘child marriage’ means the marriage of a girl or boy, not 

7 yet the minimum age for marriage stipulated in law in 

8 the country in which such girl or boy is a resident.’’. 

9 (e) DEFINITION.—In this section, the term ‘‘child 

10 marriage’’ means the marriage of a girl or boy, not yet 

11 the minimum age for marriage stipulated in law in the 

12 country in which the girl or boy is a resident. 

13 (f) AUTHORIZATION OF APPROPRIATIONS.—Of the 

14 amounts authorized to be appropriated pursuant to sec15 tion 101 of this Act, there is authorized to be appropriated 

16 as such sums as necessary for fiscal years 2010 through 

17 2011 to carry out this section and the amendments made 

18 by this section. 

19 SEC. 1107. PROGRAM TO IMPROVE BUILDING CONSTRUC20 TION AND PRACTICES IN HAITI. 

21 (a) IN GENERAL.—The President, acting through the 

22 Administrator of the United States Agency for Inter23 national Development, is authorized, under such terms 

24 and conditions as the President may determine, to carry 

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1 out a program to improve the building construction codes 

2 and practices in Haiti. 

3 (b) PROGRAM DESCRIPTION.—The program shall be 

4 in the form of grants to, or contracts with, organizations 

5 to support the following activities: 

6 (1) TRAINING.—Training of appropriate profes7 sionals in Haiti from both the public and private 

8 sectors to enhance their understanding of building 

9 and housing codes and standards. 

10 (2) OTHER ASSISTANCE.—Offering other rel11 evant assistance as needed, such as helping govern12 ment officials draft pertinent legislation to imple13 ment building codes and practices that will help im14 prove the resistance of buildings and housing in 

15 Haiti to hurricanes and other natural disasters. 

16 SEC. 1108. LIMITATION ON ASSISTANCE TO THE PALES17 TINIAN AUTHORITY. 

18 (a) AMENDMENT.—Section 620K of the Foreign As19 sistance Act of 1961 (22 U.S.C. 2378b) is amended to 

20 read as follows: 

21 ‘‘SEC. 620K. LIMITATION ON ASSISTANCE TO THE PALES22 TINIAN AUTHORITY. 

23 ‘‘(a) LIMITATION.—Except as provided in subsection 

24 (e), assistance may be provided under this Act to the Palmstockstill on PROD1PC66 with BILLS

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1 estinian Authority only during a period for which a certifi2 cation described in subsection (b) is in effect. 

3 ‘‘(b) CERTIFICATION.—A certification described in 

4 this subsection is a certification transmitted by the Presi5 dent to Congress that contains a determination of the 

6 President that— 

7 ‘‘(1) no ministry, agency, or instrumentality of 

8 the Palestinian Authority is controlled by a foreign 

9 terrorist organization and no member of a foreign 

10 terrorist organization serves in a senior policy mak11 ing position in a ministry, agency, or instrumentality 

12 of the Palestinian Authority; 

13 ‘‘(2) the Palestinian Authority has— 

14 ‘‘(A) publicly acknowledged Israel’s right 

15 to exist as a Jewish state; and 

16 ‘‘(B) recommitted itself and is adhering to 

17 all previous agreements and understandings by 

18 the Palestine Liberation Organization and the 

19 Palestinian Authority with the Government of 

20 the United States, the Government of Israel, 

21 and the international community, including 

22 agreements and understandings pursuant to the 

23 Performance-Based Roadmap to a Permanent 

24 Two-State Solution to the Israeli-Palestinian 

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1 Conflict (commonly referred to as the ‘Road2 map’); and 

3 ‘‘(3) the Palestinian Authority has taken effec4 tive steps and made demonstrable progress toward— 

5 ‘‘(A) completing the process of purging 

6 from its security services individuals with ties to 

7 terrorism; 

8 ‘‘(B) dismantling all terrorist infrastruc9 ture, confiscating unauthorized weapons, arrest10 ing and bringing terrorists to justice, destroying 

11 unauthorized arms factories, thwarting and pre12 empting terrorist attacks, and fully cooperating 

13 with Israel’s security services; 

14 ‘‘(C) halting all anti-Israel incitement in 

15 Palestinian Authority-controlled electronic and 

16 print media and in schools, mosques, and other 

17 institutions it controls, and replacing these ma18 terials, including textbooks, with materials that 

19 promote tolerance, peace, and coexistence with 

20 Israel; 

21 ‘‘(D) ensuring democracy, the rule of law, 

22 and an independent judiciary, and adopting 

23 other reforms such as ensuring transparent and 

24 accountable governance; and 

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1 ‘‘(E) ensuring the financial transparency 

2 and accountability of all government ministries 

3 and operations. 

4 ‘‘(c) RECERTIFICATIONS.—Not later than 90 days 

5 after the date on which the President transmits to Con6 gress an initial certification under subsection (b), and 

7 every six months thereafter— 

8 ‘‘(1) the President shall transmit to Congress a 

9 recertification that the requirements contained in 

10 subsection (b) are continuing to be met; or 

11 ‘‘(2) if the President is unable to make such a 

12 recertification, the President shall transmit to Con13 gress a report that contains the reasons therefor. 

14 ‘‘(d) CONGRESSIONAL NOTIFICATION.—Assistance 

15 made available under this Act to the Palestinian Authority 

16 may not be provided until 15 days after the date on which 

17 the President has provided notice thereof to the appro18 priate congressional committees in accordance with the 

19 procedures applicable to reprogramming notifications 

20 under section 634A(a) of this Act. 

21 ‘‘(e) EXCEPTION.— 

22 ‘‘(1) ASSISTANCE TO SUPPORT THE MIDDLE

23 EAST PEACE PROCESS.—Subsection (a) shall not 

24 apply with respect to assistance to the Office of the 

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1 rity expenses directly related to facilitating a peace2 ful resolution of the Israeli-Palestinian conflict if the 

3 President transmits to Congress a certification that 

4 contains a determination of the President that— 

5 ‘‘(A) such assistance is critical to facili6 tating a peaceful resolution of the Israeli-Pales7 tinian conflict; 

8 ‘‘(B) the President of the Palestinian Au9 thority is not a member of or affiliated with a 

10 foreign terrorist organization and has rejected 

11 the use of terrorism to resolve the Israeli-Pales12 tinian conflict; 

13 ‘‘(C) such assistance will not be used to 

14 provide funds to any individual who is a mem15 ber of or affiliated with a foreign terrorist orga16 nization or who has not rejected the use of ter17 rorism to resolve the Israeli-Palestinian conflict; 

18 and 

19 ‘‘(D) such assistance will not be retrans20 ferred to any other entity within or outside of 

21 the Palestinian Authority. 

22 ‘‘(2) ADDITIONAL REQUIREMENTS.—Assistance 

23 described in paragraph (1) may be provided only if 

24 the President— 

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1 ‘‘(A) determines that the provision of such 

2 assistance is important to the national security 

3 interests of the United States; and 

4 ‘‘(B) not less than 30 days prior to the ob5 ligation of amounts for the provision of such as6 sistance— 

7 ‘‘(i) consults with the appropriate con8 gressional committees regarding the spe9 cific programs, projects, and activities to 

10 be carried out using such assistance; and 

11 ‘‘(ii) submits to the appropriate con12 gressional committees a written memo13 randum that contains the determination of 

14 the President under subparagraph (A). 

15 ‘‘(f) DEFINITIONS.—In this section: 

16 ‘‘(1) APPROPRIATE CONGRESSIONAL COMMIT17 TEES.—The term ‘appropriate congressional com18 mittees’ means— 

19 ‘‘(A) the Committee on Foreign Affairs 

20 and the Committee on Appropriations of the 

21 House of Representatives; and 

22 ‘‘(B) the Committee on Foreign Relations 

23 and the Committee on Appropriations of the 

24 Senate. 

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1 ‘‘(2) FOREIGN TERRORIST ORGANIZATION.— 

2 The term ‘foreign terrorist organization’ means an 

3 organization designated as a foreign terrorist organi4 zation by the Secretary of State in accordance with 

5 section 219(a) of the Immigration and Nationality 

6 Act (8 U.S.C. 1189(a)). 

7 ‘‘(3) PALESTINIAN AUTHORITY.—The term 

8 ‘Palestinian Authority’ means the interim Pales9 tinian administrative organization that governs part 

10 of the West Bank and all of the Gaza Strip (or any 

11 successor Palestinian governing entity), including 

12 the Palestinian Legislative Council.’’. 

13 (b) APPLICABILITY TO UNEXPENDED FUNDS.—Sec14 tion 620K of the Foreign Assistance Act of 1961, as 

15 amended by subsection (a), applies with respect to unex16 pended funds obligated for assistance under the Foreign 

17 Assistance Act of 1961 to the Palestinian Authority before 

18 the date of the enactment of this Act. 

19 (c) SENSE OF CONGRESS.—It is the sense of Con20 gress that the President should be guided by the principles 

21 and procedures described in section 620K of the Foreign 

22 Assistance Act of 1961, as amended by subsection (a), in 

23 providing direct assistance to the Palestinian Authority 

24 under any provision of law other than the Foreign Assist25 ance Act of 1961. 

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1 SEC. 1109. JORDAN CIVILIAN NUCLEAR COOPERATION 

2 AGREEMENT. 

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

4 (1) For many decades, the United States and 

5 Jordan have maintained a strong and mutually sup6 portive relationship on a range of regional and inter7 national issues, especially the creation of a mod8 erate, prosperous, and stable Middle East. Jordan’s 

9 support for the Israeli-Palestinian peace process and 

10 its efforts to halt Iran’s nuclear weapons program 

11 have been especially useful. 

12 (2) The importance of the relationship between 

13 the United States and Jordan has increased in re14 cent years with Jordan’s role as a vital United 

15 States ally in the effort to stabilize Iraq and our 

16 strengthened military and intelligence cooperation. 

17 Jordan has also demonstrated a long-standing com18 mitment to combating terror financing and imple19 menting effective export controls and customs en20 forcement mechanisms. 

21 (3) Jordan’s assistance to efforts by the United 

22 States and other countries to halt Iran’s nuclear 

23 weapons program, its safeguards agreement with the 

24 International Atomic Energy Agency, its adherence 

25 to the Additional Protocol to that safeguards agree26 ment, and its agreement with the United States to 

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1 construct a modern storage facility for Jordan’s nu2 clear waste monitored in strict accordance with 

3 IAEA guidelines, has demonstrated Jordan’s com4 mitment to nuclear nonproliferation, including oppo5 sition to the enrichment and reprocessing of nuclear 

6 materials that could be diverted to military uses. 

7 (4) Given Jordan’s legitimate energy needs and 

8 its desire to benefit from its large deposits of ura9 nium, as well as the potential for significant com10 mercial opportunities for the United States nuclear 

11 sector, a nuclear cooperation agreement between the 

12 United States and Jordan would be of significant 

13 benefit to both countries. 

14 (5) Given Jordan’s long-established record as a 

15 reliable ally of the United States, its efforts to com16 bat terrorism, and its commitment to promoting 

17 peace and stability with Israel and throughout the 

18 region, a nuclear cooperation agreement between it 

19 and the United States could serve as a model for 

20 similar agreements with other countries throughout 

21 the Middle East. 

22 (b) STATEMENT OF POLICY.—It shall be the policy 

23 of the United States to— 

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1 (1) establish an agreement on peaceful nuclear 

2 cooperation with Jordan pursuant to section 123 of 

3 the Atomic Energy Act of 1954; and 

4 (2) ensure that any United States-Jordan nu5 clear cooperation agreement is based on whether 

6 Jordan has— 

7 (A) developed and fully implemented an ef8 fective export control regime; 

9 (B) developed and fully implemented the 

10 necessary legislative and functional actions to 

11 effectively combat the logistical and financial 

12 networks that support terrorist organizations; 

13 (C) cooperated with the United States in 

14 identifying, preventing, disrupting, and pros15 ecuting entities and individuals that assist 

16 Iran’s procurement of nuclear goods, services, 

17 or technology and entities affiliated with the 

18 Iranian Revolutionary Guard Corps; and 

19 (D) permanently renounced the enrichment 

20 or reprocessing of nuclear materials and has 

21 undertaken all measures, including unrestricted 

22 inspection of its facilities by the International 

23 Atomic Energy Agency, that are necessary to 

24 ensure that no clandestine programs exist. 

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1 SEC. 1110. UNITED STATES CONTRIBUTIONS TO THE INTER2 NATIONAL TRUST FUND FOR DEMINING AND 

3 MINE VICTIMS ASSISTANCE. 

4 Of the amounts authorized to be appropriated for 

5 nonproliferation, anti-terrorism, demining and related pro6 grams and activities, there is authorized to be appro7 priated $12,000,000 for each of the fiscal years 2010 and 

8 2011 for United States contributions to the International 

9 Trust Fund for Demining and Mine Victims Assistance 

10 for the removal of landmines, mine victim assistance pro11 grams, mine risk education programs, and conventional 

12 weapons destruction. 

13 SEC. 1111. TRANSFER OF LIQUIDATED ASSETS OF CERTAIN 

14 ENTERPRISE FUNDS TO LEGACY INSTITU15 TIONS. 

16 (a) TRANSFER OF LIQUIDATED ASSETS.— 

17 (1) TO LEGACY INSTITUTIONS.—The President, 

18 acting through the Administrator of the United 

19 States Agency for International Development, shall 

20 instruct each Enterprise Fund described in sub21 section (b) to make available to the legacy institu22 tion of the Enterprise Fund not more than 50 per23 cent of all assets from the liquidation, dissolution, or 

24 winding up of the Enterprise Fund. 

25 (2) TO U.S. TREASURY.—Not less than 50 per26 cent of all assets from the liquidation, dissolution, or 

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1 winding up of the Enterprise Fund shall be trans2 ferred to the Treasury of the United States for pur3 poses of payment on the public debt. 

4 (b) ENTERPRISE FUNDS DESCRIBED.—The Enter5 prise Funds described in this subsection are the following: 

6 (1) The U.S.-Russia Investment Fund and the 

7 Western Newly Independent States Enterprise Fund 

8 established pursuant to Section 498b(c) of the For9 eign Assistance Act of 1961 (22 U.S.C. 2295b(c)). 

10 (2) The Albanian-American Enterprise Fund, 

11 the Baltic-American Enterprise Fund, the Czech and 

12 Slovak-American Enterprise Fund (or Slovak-Amer13 ican Enterprise Fund), and the Romanian-American 

14 Enterprise Fund established pursuant to section 201 

15 of the Support for East European Democracy 

16 (SEED) Act of 1989 (22 U.S.C. 5421). 

17 (3) The South African Enterprise Development 

18 Fund established pursuant to sections 496 and 

19 635(b) of the Foreign Assistance Act of 1961. 

20 (c) OVERSIGHT OF LEGACY INSTITUTIONS.—Any leg21 acy institution of an Enterprise Fund to which is trans22 ferred no more than 50 percent of all assets from the liq23 uidation, dissolution, or winding up of the Enterprise 

24 Fund shall receive such assets only upon the approval of 

25 the Administrator of the United States Agency for Intermstockstill on PROD1PC66 with BILLS

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1 national Development of appropriate and regular oversight 

2 procedures for the legacy institution, to include regular re3 ports by the legacy institution regarding its programs and 

4 operations, expenditures for salary and travel costs, per5 sonnel appointment procedures and personnel benefits 

6 programs, and the value at the time of reporting of the 

7 assets held by the legacy institution. 

8 (d) LEGACY INSTITUTION DEFINED.—For purposes 

9 of this section, the term ‘‘legacy institution’’ means a non10 profit foundation established to carry out successor pro11 grams and activities in the country or countries for which 

12 an Enterprise Fund was established by the United States 

13 after that Enterprise Fund has agreed with the United 

14 States Agency for International Developments on the ter15 mination and winding up of its operations. The non-profit 

16 foundation shall have as its objectives the promotion of 

17 civil society, rule of law, democracy, transparency of gov18 ernance, and economic reform in the country or countries 

19 for which the Enterprise Fund was established by the 

20 United States. 

21 SEC. 1112. SENSE OF CONGRESS ON RESTRICTIONS ON RE22 LIGIOUS FREEDOM IN VIETNAM. 

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

24 (1) The Secretary of State, under the Inter25 national Religious Freedom Act of 1998 (22 U.S.C. 

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1 6401 et seq.) and authority delegated by the Presi2 dent, designates nations found guilty of ‘‘particularly 

3 severe violations of religious freedom’’ as ‘‘Countries 

4 of Particular Concern’’. 

5 (2) In November 2006, the Secretary of State 

6 announced that the Socialist Republic of Vietnam 

7 was no longer designated as a ‘‘Country of Par8 ticular Concern’’. 

9 (3) The Unified Buddhist Church of Vietnam 

10 (UBCV), the Hoa Hao Buddhists, and the Cao Dai 

11 groups continue to face unwarranted abuses because 

12 of their attempts to organize independently of the 

13 Government of Vietnam, including the detention and 

14 imprisonment of individual members of these reli15 gious communities. 

16 (4) Over the last 3 years, 18 Hoa Hao Bud17 dhists have been arrested for distributing sacred 

18 texts or publically protesting the religious restric19 tions placed on them by the Government of Vietnam, 

20 at least 12 remain in prison, including 4 sentenced 

21 in 2007 for staging a peaceful hunger strike. 

22 (5) At least 15 individuals are being detained in 

23 long term house arrest for reasons relating to their 

24 faith, including the most venerable Thich Quang Do 

25 and most of the leadership of the UBCV. 

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1 (6) According to Human Rights Watch, ‘‘In 

2 April 2008 Montagnard Christian Y Ben Hdok was 

3 beaten to death while in police custody in Dak Lak 

4 after other Montagards in his district tried to flee to 

5 Cambodia to seek political asylum.’’. 

6 (7) According to the United States Commission 

7 on International Religious Freedom 2009 Annual 

8 Report, religious freedom advocates and human 

9 rights defenders Nguyen Van Dai, Le Thi Cong 

10 Nhan, and Fr. Thaddeus Nguyen Van Ly are in 

11 prison under Article 88 of the Criminal Code of 

12 Vietnam and Fr. Nguyen Van Loi is being held 

13 without official detention orders under house arrest. 

14 (8) In February 2009, as many as 11 

15 Montagnard Protestants were detained for refusing 

16 to join the officially recognized Southern Evangelical 

17 Church of Vietnam, and 2 still remain in prison. 

18 (9) Since August 2008, the Government of 

19 Vietnam has arrested and sentenced at least eight 

20 individuals and beaten, tear-gassed, harassed, pub21 licly slandered, and threatened Catholics engaged in 

22 peaceful activities seeking the return of Catholic 

23 Church properties confiscated by the Vietnamese 

24 Government after 1954 in Hanoi, including in the 

25 Thai Ha parish. 

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1 (b) SENSE OF CONGRESS.—It is the sense of Con2 gress that— 

3 (1) the Secretary of State should place Vietnam 

4 on the list of ‘‘Countries of Particular Concern’’ for 

5 particularly severe violations of religious freedom; 

6 and 

7 (2) the Government of Vietnam should lift re8 strictions on religious freedom and implement nec9 essary legal and political reforms to protect religious 

10 freedom. 

11 SEC. 1113. SENSE OF CONGRESS ON HOLOCAUST-ERA 

12 PROPERTY RESTITUTION AND COMPENSA13 TION. 

14 It is the sense of Congress that— 

15 (1) countries in Central and Eastern Europe 

16 which have not already done so— 

17 (A) should return looted and confiscated 

18 properties to their rightful owners or, where 

19 restitution is not possible, pay equitable com20 pensation to the rightful owners, in accordance 

21 with principles of justice and in a manner that 

22 is expeditious, transparent, and fair; and 

23 (B) should enact and implement appro24 priate restitution and compensation laws to ef25 fectively facilitate private, communal, and relimstockstill on PROD1PC66 with BILLS

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1 gious property restitution in a manner that is 

2 expeditious, transparent and fair; and 

3 (2) the Secretary of State should urge all gov4 ernments of countries whose domestic insurance 

5 companies have not done an adequate job of settling 

6 Holocaust-era insurance policies and disclosing the 

7 names of policy owners to enact and implement nec8 essary laws to resolve these remaining matters. 

9 TITLE XII—ISRAEL 

10 SEC. 1201. FOREIGN MILITARY FINANCING FOR ISRAEL. 

11 (a) SENSE OF CONGRESS.—It is the sense of Con12 gress that the United States should continue to support 

13 the August 2007 announcement that it would increase 

14 United States military assistance to Israel by $6 billion 

15 through incremental $150 million annual increases in For16 eign Military Financing to Israel, starting at $2.55 billion 

17 in fiscal year 2009 and reaching $3.15 billion by 2013 

18 through 2018. 

19 (b) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to the President for grant 

21 assistance to Israel under section 23 of the Arms Export 

22 Control Act (22 U.S.C. 2763; relating to the Foreign Mili23 tary Financing Program) such sums as may be necessary 

24 for each of fiscal years 2010 and 2011. 

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1 SEC. 1202. SUPPORT TO ISRAEL FOR MISSILE DEFENSE. 

2 (a) STATEMENT OF POLICY.—It shall be the policy 

3 of the United States to— 

4 (1) provide for deployment as soon as is techno5 logically possible of effective missile defense systems 

6 capable of defending Israel and all member nations 

7 of the North Atlantic Treaty Organization against 

8 ballistic missile attack from Iran, Syria and other 

9 potential threats; and 

10 (2) fully resource and expand the ballistic mis11 sile defense system of the United States to fully in12 tegrate with the defenses of Israel to provide robust, 

13 layered protection against ballistic missile, and me14 dium and short range projectile attack. 

15 (b) AUTHORIZATION OF ASSISTANCE.—Of the 

16 amounts authorized to be appropriated to carry out this 

17 Act, there are authorized to be appropriated such sums 

18 as may be necessary for co-development of joint ballistic 

19 missile, medium and short-range projectile defense 

20 projects with Israel, including— 

21 (1) complete accelerated co-production of Arrow 

22 missiles and continued integration with the ballistic 

23 missile defense system of the United States; 

24 (2) system development of the Missile Defense 

25 Agency and Israel Missile Defense Organization 

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1 sile defense capability, David’s Sling weapon system, 

2 and integrate the weapon system with the ballistic 

3 missile defense system and force protection efforts of 

4 the United States; and 

5 (3) research, development, and test and evalua6 tion of the Iron Dome short-range projectile defense 

7 system. 

8 (c) REPORT AND STRATEGY.— 

9 (1) REQUIREMENT.—Not later than 180 days 

10 after the date of the enactment of this Act, and an11 nually thereafter in connection with the submission 

12 of congressional presentation materials for the for13 eign operations appropriations and defense appro14 priations budget request, the Secretary of State, in 

15 consultation with the Secretary of Defense, shall 

16 submit to the appropriate congressional committees 

17 a report regarding the activities authorized under 

18 subsection (b)(1). 

19 (2) CLASSIFIED ANNEX.—The report required 

20 under paragraph (1) shall be submitted in unclassi21 fied form to the maximum extent practicable, but 

22 may include a classified annex, if necessary. 

23 (3) DEFINITION OF APPROPRIATE CONGRES24 SIONAL COMMITTEES.—In this subsection, the term 

25 ‘‘appropriate congressional committees’’ means— 

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1 (A) the Committee on Foreign Affairs and 

2 the Committee on Armed Services of the House 

3 of Representatives; and 

4 (B) the Committee on Foreign Relations 

5 and the Committee on Armed Services in the 

6 Senate. 

7 SEC. 1203. UNITED STATES-ISRAEL CIVILIAN NUCLEAR CO8 OPERATION AGREEMENT. 

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

10 (1) The United States and Israel are robust de11 mocracies, with a deeply rooted alliance that is based 

12 on a shared commitment to freedom, the promotion 

13 of human rights and dignity, and the determination 

14 to secure a just and lasting peace in the Middle 

15 East. 

16 (2) The cooperation between the United States 

17 and Israel on political, military, intelligence, and 

18 economic matters is among the strongest of all of 

19 United States allies. 

20 (3) Israel’s economic well-being and security re21 quire a guaranteed source of energy, which can be 

22 supplied through the use of peaceful nuclear power. 

23 Israel’s role as a key ally in the Middle East ensures 

24 that the United States will have a strong and conmstockstill on PROD1PC66 with BILLS

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1 tinuing interest in enhancing that well-being and se2 curity. 

3 (b) STATEMENT OF POLICY.—It shall be the policy 

4 of the United States to secure an agreement on peaceful 

5 nuclear cooperation with Israel pursuant to section 123 

6 of the Atomic Energy Act of 1954. 

7 SEC. 1204. UNITED STATES SUPPORT FOR ISRAEL IN THE 

8 ORGANIZATION FOR ECONOMIC COOPERA9 TION AND DEVELOPMENT. 

10 It shall be the policy of the United States to support 

11 and advocate for Israel’s accession to the OECD, includ12 ing through coordination of efforts with other countries 

13 supportive of Israel’s membership in the OECD. 

14 SEC. 1205. RECOGNITION OF JERUSALEM AS THE CAPITAL 

15 OF THE STATE OF ISRAEL AND RELOCATION 

16 OF THE UNITED STATES EMBASSY TO JERU17 SALEM. 

18 (a) SENSE OF CONGRESS.—It is the sense of Con19 gress that— 

20 (1) Jerusalem must remain an undivided city in 

21 which the rights of every ethnic and religious group 

22 are protected as they have been by Israel since 

23 1967; 

24 (2) the President and the Secretary of State 

25 should publicly affirm as a matter of United States 

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1 policy that Jerusalem must remain the undivided 

2 capital of the State of Israel; 

3 (3) the President should immediately implement 

4 the provisions of Jerusalem Embassy Act of 1995 

5 (Public Law 104–45) and begin the process of relo6 cating the United States Embassy in Israel to Jeru7 salem; and 

8 (4) United States officials should refrain from 

9 any actions that contradict United States law on 

10 this subject. 

11 (b) REMOVAL OF WAIVER AUTHORITY.—The Jeru12 salem Embassy Act of 1995 (Public Law 104–45) is 

13 amended— 

14 (1) by striking section 7; and 

15 (2) by redesignating section 8 as section 7. 

16 (c) IDENTIFICATION OF JERUSALEM ON GOVERN17 MENT DOCUMENTS.—Notwithstanding any other provi18 sion of law, any official document of the United States 

19 Government which lists countries and their capital cities 

20 shall identify Jerusalem as the capital of Israel. 

21 (d) TIMETABLE.— 

22 (1) STATEMENT OF POLICY.—It is the policy of 

23 the United States that the United States Embassy 

24 in Israel should be established in Jerusalem as soon 

25 as possible, and not later than January 1, 2012. 

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1 (2) OPENING DETERMINATION.—Not more than 

2 50 percent of the funds appropriated to the Depart3 ment of State for fiscal year 2012 for ‘‘Acquisition 

4 and Maintenance of Buildings Abroad’’ may be obli5 gated until the Secretary of State determines and 

6 reports to Congress that the United States Embassy 

7 in Jerusalem has officially opened. 

8 (e) FISCAL YEARS 2010 AND 2011 FUNDING.— 

9 (1) FISCAL YEAR 2010.—Of the funds author10 ized to be appropriated for ‘‘Acquisition and Mainte11 nance of Buildings Abroad’’ for the Department of 

12 State for fiscal year 2010, such sums as may be nec13 essary should be made available until expended only 

14 for construction and other costs associated with the 

15 establishment of the United States Embassy in 

16 Israel in the capital of Jerusalem. 

17 (2) FISCAL YEAR 2011.—Of the funds author18 ized to be appropriated for ‘‘Acquisition and Mainte19 nance of Buildings Abroad’’ for the Department of 

20 State for fiscal year 2011, such sums as may be nec21 essary should be made available until expended only 

22 for construction and other costs associated with the 

23 establishment of the United States Embassy in 

24 Israel in the capital of Jerusalem. 

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1 (f) DEFINITION.—As used in this Act, the term 

2 ‘‘United States Embassy’’ means the offices of the United 

3 States diplomatic mission and the residence of the United 

4 States chief of mission. 

5 TITLE XIII—IRAN REFINED 

6 PETROLEUM SANCTIONS 

7 SEC. 1301. SHORT TITLE. 

8 This title may be cited as the ‘‘Iran Refined Petro9 leum Sanctions Act of 2009’’. 

10 SEC. 1302. AMENDMENTS TO THE IRAN SANCTIONS ACT OF 

11 1996. 

12 (a) EXPANSION OF SANCTIONS.—Section 5(a) of the 

13 Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is 

14 amended to read as follows: 

15 ‘‘(a) SANCTIONS WITH RESPECT TO THE DEVELOP16 MENT OF PETROLEUM RESOURCES OF IRAN AND EXPOR17 TATION OF REFINED PETROLEUM TO IRAN.— 

18 ‘‘(1) DEVELOPMENT OF PETROLEUM RE19 SOURCES OF IRAN.— 

20 ‘‘(A) INVESTMENT.—Except as provided in 

21 subsection (f), the President shall impose 2 or 

22 more of the sanctions described in paragraphs 

23 (1) through (6) of section 6(a) if the President 

24 determines that a person has, with actual 

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1 ment of this Act, made an investment of 

2 $20,000,000 or more (or any combination of in3 vestments of at least $5,000,000 each, which in 

4 the aggregate equals or exceeds $20,000,000 in 

5 any 12-month period), that directly and signifi6 cantly contributed to the enhancement of Iran’s 

7 ability to develop petroleum resources of Iran. 

8 ‘‘(B) PRODUCTION OF REFINED PETRO9 LEUM RESOURCES.—Except as provided in sub10 section (f), the President shall impose the sanc11 tions described in section 6(b) (in addition to 

12 any sanctions imposed under subparagraph (A)) 

13 if the President determines that a person has, 

14 with actual knowledge, on or after the date of 

15 the enactment of the Iran Refined Petroleum 

16 Sanctions Act of 2009, sold, leased, or provided 

17 to Iran any goods, services, technology, infor18 mation, or support that would allow Iran to 

19 maintain or expand its domestic production of 

20 refined petroleum resources, including any as21 sistance in refinery construction, modernization, 

22 or repair. 

23 ‘‘(2) EXPORTATION OF REFINED PETROLEUM

24 RESOURCES TO IRAN.—Except as provided in sub25 section (f), the President shall impose the sanctions 

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1 described in section 6(b) if the President determines 

2 that a person has, with actual knowledge, on or after 

3 the date of the enactment of the Iran Refined Petro4 leum Sanctions Act of 2009, provided Iran with re5 fined petroleum resources or engaged in any activity 

6 that could contribute to the enhancement of Iran’s 

7 ability to import refined petroleum resources, includ8 ing— 

9 ‘‘(A) providing ships or shipping services 

10 to deliver refined petroleum resources to Iran; 

11 ‘‘(B) underwriting or otherwise providing 

12 insurance or reinsurance for such activity; or 

13 ‘‘(C) financing or brokering such activity.’’. 

14 (b) DESCRIPTION OF SANCTIONS.—Section 6 of such 

15 Act is amended— 

16 (1) by striking ‘‘The sanctions to be imposed on 

17 a sanctioned person under section 5 are as follows:’’ 

18 and inserting the following: 

19 ‘‘(a) IN GENERAL.—The sanctions to be imposed on 

20 a sanctioned person under subsections (a)(1)(A) and (b) 

21 of section 5 are as follows:’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(b) ADDITIONAL SANCTIONS.—The sanctions to be 

24 imposed on a sanctioned person under paragraphs (1)(B) 

25 and (2) of section 5(a) are as follows: 

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1 ‘‘(1) FOREIGN EXCHANGE.—The President 

2 shall, under such regulations as the President may 

3 prescribe, prohibit any transactions in foreign ex4 change by the sanctioned person. 

5 ‘‘(2) BANKING TRANSACTIONS.—The President 

6 shall, under such regulations as the President may 

7 prescribe, prohibit any transfers of credit or pay8 ments between, by, through, or to any financial in9 stitution, to the extent that such transfers or pay10 ments involve any interest of the sanctioned person. 

11 ‘‘(3) PROPERTY TRANSACTIONS.—The Presi12 dent shall, under such regulations as the President 

13 may prescribe, prohibit any acquisition, holding, 

14 withholding, use, transfer, withdrawal, transpor15 tation, importation, or exportation of, dealing in, or 

16 exercising any right, power, or privilege with respect 

17 to, or transactions involving, any property in which 

18 the sanctioned person has any interest by any per19 son, or with respect to any property, subject to the 

20 jurisdiction of the United States.’’. 

21 (c) PRESIDENTIAL WAIVER.—Section 9(c)(2) of such 

22 Act is amended by amending subparagraph (C) to read 

23 as follows: 

24 ‘‘(C) an estimate of the significance of the 

25 provision of the items described in paragraph 

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1 (1) or (2) of section 5(a) or section 5(b) to 

2 Iran’s ability to develop its petroleum resources, 

3 to maintain or expand its domestic production 

4 of refined petroleum resources, to import re5 fined petroleum resources, or to develop its 

6 weapons of mass destruction or other military 

7 capabilities (as the case may be); and’’. 

8 (d) STRENGTHENING OF WAIVER AUTHORITY AND

9 SANCTIONS IMPLEMENTATION.— 

10 (1) INVESTIGATIONS.—Section 4(f) of the Iran 

11 Sanctions Act of 1996 (50 U.S.C. 1701 note) is 

12 amended— 

13 (A) in paragraph (1)— 

14 (i) by striking ‘‘should initiate’’ and 

15 inserting ‘‘shall immediately initiate’’; 

16 (ii) by inserting ‘‘or 5(b)’’ after ‘‘sec17 tion 5(a)’’; and 

18 (iii) by striking ‘‘as described in such 

19 section’’ and inserting ‘‘as described in sec20 tion 5(a)(1) or other activity described in 

21 section 5(a)(2) or 5(b) (as the case may 

22 be)’’; 

23 (B) in paragraph (2), by striking ‘‘, pursu24 ant to section 5(a), if a person has engaged in 

25 investment activity in Iran as described in such 

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1 section’’ and inserting ‘‘, pursuant to section 

2 5(a) or (b) (as the case may be), if a person 

3 has engaged in investment activity in Iran as 

4 described in section 5(a)(1) or other activity de5 scribed in section 5(a)(2) or 5(b) (as the case 

6 may be)’’; and 

7 (C) by adding at the end the following new 

8 paragraph: 

9 ‘‘(3) DEFINITION OF CREDIBLE INFORMA10 TION.—For the purposes of this subsection, the term 

11 ‘credible information’ means public or classified in12 formation or reporting supported by other substan13 tiating evidence.’’. 

14 (2) EXCEPTION FOR PROLIFERATION SECURITY

15 INITIATIVE.—Section 5(f) of the Iran Sanctions Act 

16 of 1996 (50 U.S.C. 1701 note) is amended— 

17 (A) in paragraph (6), by striking ‘‘or’’ at 

18 the end; 

19 (B) in paragraph (7), by striking the pe20 riod at the end and inserting ‘‘; or’’; and 

21 (C) by adding at the end the following new 

22 paragraph: 

23 ‘‘(8) if the President determines in writing that 

24 the person to which the sanctions would otherwise be 

25 applied is— 

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1 ‘‘(A) a citizen or resident of a country that 

2 is a participant in the Proliferation Security 

3 Initiative; or 

4 ‘‘(B) a foreign person that is organized 

5 under the laws of a country described in sub6 paragraph (A) and is a subsidiary of a United 

7 States person.’’. 

8 (3) GENERAL WAIVER AUTHORITY.—Section 

9 9(c)(1) of the Iran Sanctions Act of 1996 (50 

10 U.S.C. 1701 note) is amended by striking ‘‘impor11 tant to the national interest of the United States’’ 

12 and inserting ‘‘vital to the national security interest 

13 of the United States’’. 

14 (4) RULE OF CONSTRUCTION.—The amend15 ments made by this subsection shall not be con16 strued to affect any exercise of the authority of sec17 tion 4(f) or section 9(c) of the Iran Sanctions Act 

18 of 1996 as in effect on the day before the date of 

19 the enactment of this Act. 

20 (e) REPORTS ON UNITED STATES EFFORTS TO CUR21 TAIL CERTAIN BUSINESS TRANSACTIONS RELATING TO

22 IRAN.—Section 10 of such Act is amended by adding at 

23 the end the following: 

24 ‘‘(d) REPORTS ON CERTAIN BUSINESS TRANS25 ACTIONS RELATING TO IRAN.— 

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1 ‘‘(1) IN GENERAL.—Not later than 90 days 

2 after the date of the enactment of the Iran Refined 

3 Petroleum Sanctions Act of 2009, and every 6 

4 months thereafter, the President shall submit a re5 port to the appropriate congressional committees re6 garding any person who has— 

7 ‘‘(A) provided Iran with refined petroleum 

8 resources; 

9 ‘‘(B) sold, leased, or provided to Iran any 

10 goods, services, or technology that would allow 

11 Iran to maintain or expand its domestic produc12 tion of refined petroleum resources; or 

13 ‘‘(C) engaged in any activity that could 

14 contribute to the enhancement of Iran’s ability 

15 to import refined petroleum resources. 

16 ‘‘(2) DESCRIPTION.—For each activity set forth 

17 in subparagraphs (A) through (C) of paragraph (1), 

18 the President shall provide a complete and detailed 

19 description of such activity, including— 

20 ‘‘(A) the date or dates of such activity; 

21 ‘‘(B) the name of any persons who partici22 pated or invested in or facilitated such activity; 

23 ‘‘(C) the United States domiciliary of the 

24 persons referred to in subparagraph (B); 

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1 ‘‘(D) any Federal Government contracts to 

2 which the persons referred to in subparagraph 

3 (B) are parties; and 

4 ‘‘(E) the steps taken by the United States 

5 to respond to such activity. 

6 ‘‘(3) FORM OF REPORTS; PUBLICATION.—The 

7 reports required under this subsection shall be— 

8 ‘‘(A) submitted in unclassified form, but 

9 may contain a classified annex; and 

10 ‘‘(B) published in the Federal Register.’’. 

11 (f) CLARIFICATION AND EXPANSION OF DEFINI12 TIONS.—Section 14 of such Act is amended— 

13 (1) in paragraph (13)(B)— 

14 (A) by inserting ‘‘financial institution, in15 surer, underwriter, guarantor, any other busi16 ness organization, including any foreign sub17 sidiary, parent, or affiliate of such a business 

18 organization,’’ after ‘‘trust,’’; and 

19 (B) by inserting ‘‘, such as an export cred20 it agency’’ before the semicolon at the end; and 

21 (2) by amending paragraph (14) to read as fol22 lows: 

23 ‘‘(14) PETROLEUM RESOURCES.— 

24 ‘‘(A) IN GENERAL.—The term ‘petroleum 

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1 products, oil or liquefied natural gas, oil or liq2 uefied natural gas tankers, and products used 

3 to construct or maintain pipelines used to 

4 transport oil or compressed or liquefied natural 

5 gas. 

6 ‘‘(B) PETROLEUM BY-PRODUCTS.—The 

7 term ‘petroleum by-products’ means gasoline, 

8 kerosene, distillates, propane or butane gas, die9 sel fuel, residual fuel oil, and other goods classi10 fied in headings 2709 and 2710 of the Har11 monized Tariff Schedule of the United States.’’. 

12 (g) CONFORMING AMENDMENTS.— 

13 (1) MULTILATERAL REGIME.—Section 4 of 

14 such Act is amended— 

15 (A) in subsection (b)(2), by striking ‘‘(in 

16 addition to that provided in subsection (d))’’; 

17 and 

18 (B) by striking subsection (d) and redesig19 nating subsections (e) and (f) as subsections (d) 

20 and (e), respectively. 

21 (2) IMPOSITIONS OF SANCTIONS.—Section 5(b) 

22 of such Act is amended by striking ‘‘section 6’’ and 

23 inserting ‘‘section 6(a)’’. 

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1 TITLE XIV—LIMITATION ON NU2 CLEAR COOPERATION WITH 

3 THE UNITED ARAB EMIRATES 

4 SEC. 1401. SHORT TITLE. 

5 This title may be cited as the ‘‘Limitation on Nuclear 

6 Cooperation with the United Arab Emirates Act of 2009’’. 

7 SEC. 1402. DEFINITIONS. 

8 In this title: 

9 (1) GOVERNMENT OF THE UNITED ARAB EMIR10 ATES.— 

11 (A) IN GENERAL.—The term ‘‘Government 

12 of the United Arab Emirates’’ includes the gov13 ernment of any subdivision of the United Arab 

14 Emirates, and any agency or instrumentality of 

15 the Government of the United Arab Emirates. 

16 (B) AGENCY OR INSTRUMENTALITY.—For 

17 purposes of subparagraph (A), the term ‘‘agen18 cy or instrumentality of the Government of the 

19 United Arab Emirates’’ means an agency or in20 strumentality of a foreign state as defined in 

21 section 1603(b) of title 28, United States Code, 

22 with each reference in such section to ‘‘a for23 eign state’’ deemed to be a reference to ‘‘the 

24 United Arab Emirates’’. 

25 (2) GOVERNMENT OF IRAN.— 

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1 (A) IN GENERAL.—The term ‘‘Government 

2 of Iran’’ includes the government of any sub3 division of Iran, and any agency or instrumen4 tality of the Government of Iran. 

5 (B) AGENCY OR INSTRUMENTALITY.—For 

6 purposes of subparagraph (A), the term ‘‘agen7 cy or instrumentality of the Government of 

8 Iran’’ means an agency or instrumentality of a 

9 foreign state as defined in section 1603(b) of 

10 title 28, United States Code, with each ref11 erence in such section to ‘‘a foreign state’’ 

12 deemed to be a reference to ‘‘Iran’’. 

13 (3) NATIONAL OF THE UNITED ARAB EMIR14 ATES.—The term ‘‘national of the United Arab 

15 Emirates’’ means— 

16 (A) any citizen of the United Arab Emir17 ates; or 

18 (B) any other legal entity that is organized 

19 under the laws of the United Arab Emirates. 

20 (4) NATIONAL OF IRAN.—The term ‘‘national 

21 of Iran’’ means— 

22 (A) any citizen of Iran; or 

23 (B) any other legal entity that is organized 

24 under the laws of Iran. 

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1 SEC. 1403. RESTRICTION ON NUCLEAR COOPERATION WITH 

2 THE UNITED ARAB EMIRATES. 

3 (a) RESTRICTION ON NUCLEAR COOPERATION

4 AGREEMENT.—Notwithstanding any other provision of 

5 law or any international agreement, no agreement for co6 operation between the United States of America and the 

7 United Arab Emirates pursuant to section 123 of the 

8 Atomic Energy Act of 1954 (42 U.S.C. 2153) may enter 

9 into force on or after the date of the enactment of this 

10 Act unless not less than 30 legislative days prior to such 

11 entry into force the President certifies to the appropriate 

12 congressional committees that the requirements of sub13 section (c) have been met. 

14 (b) RESTRICTION ON EXPORTS OF NUCLEAR MATE15 RIAL, EQUIPMENT, OR TECHNOLOGY.—No license may be 

16 issued for the export of nuclear material, equipment, or 

17 technology to the United Arab Emirates pursuant to an 

18 agreement for cooperation between the United States of 

19 America and the United Arab Emirates pursuant to sec20 tion 123 of the Atomic Energy Act of 1954 (42 U.S.C. 

21 2153) for any fiscal year beginning after the date of the 

22 enactment of this Act unless not less than 30 legislative 

23 days prior to the issuance of such license the President 

24 certifies to the appropriate congressional committees for 

25 such fiscal year that the requirements of subsection (c) 

26 have been met. 

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1 (c) REQUIREMENTS.—The requirements referred to 

2 in this subsection are the following: 

3 (1) The Government of the United Arab Emir4 ates has taken, and is continuing to take, effective 

5 actions to prohibit, terminate, and prevent the trans6 fer of goods, services, or technology to the Govern7 ment of Iran, including fully implementing United 

8 Nations Security Council sanctions against Iran. 

9 (2) For the preceding 12-month period— 

10 (A) there has been no cooperation with re11 spect to any activity described in paragraph (1) 

12 between the Government of the United Arab 

13 Emirates and the Government of Iran, any na14 tional of Iran, or any Iranian-controlled entity 

15 based on all credible information available to 

16 the United States at the time of the certifi17 cation; 

18 (B)(i) there has been no cooperation with 

19 respect to any activity described in paragraph 

20 (1) between any national of the United Arab 

21 Emirates and the Government of Iran, any na22 tional of Iran, or any Iranian-controlled entity 

23 based on all credible information available to 

24 the United States at the time of the certifi25 cation; or 

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1 (ii) the Government of the United Arab 

2 Emirates has— 

3 (I) terminated all cooperation between 

4 any such United Arab Emirates national 

5 and the Government of Iran, any such Ira6 nian national, or any such Iranian-con7 trolled entity; 

8 (II) instituted effective measures to 

9 prevent a reoccurrence of any such co10 operation; and 

11 (III) prosecuted any such United 

12 Arab Emirates national; and 

13 (C) the Government of the United Arab 

14 Emirates has not engaged in or condoned ac15 tivities that violate— 

16 (i) the Iran Sanctions Act of 1996, in17 cluding Executive Orders 12957, 12959, 

18 13059 and other executive orders issued 

19 pursuant to such Act; 

20 (ii) the Iran, North Korea, and Syria 

21 Nonproliferation Act; and 

22 (iii) other provisions of applicable 

23 United States law. 

24 (3) The Government of the United Arab Emir25 ates— 

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1 (A) has developed and fully implemented 

2 an export control regime in accordance with 

3 international standards; 

4 (B) has developed and implemented the 

5 appropriate or necessary legislative and func6 tional actions to target the logistical and finan7 cial networks that support terrorist organiza8 tions; and 

9 (C) has cooperated with the United States 

10 in identifying, preventing, disrupting and, 

11 where appropriate, prosecuting entities and in12 dividuals that assist Iran’s procurement of 

13 goods, services, or technology, and entities af14 filiated with the Iranian Revolutionary Guard 

15 Corps. 

16 (d) GOODS, SERVICES, OR TECHNOLOGY DEFINED.— 

17 (1) IN GENERAL.—Except as provided in para18 graph (2), in this section, the term ‘‘goods, services, 

19 or technology’’ means— 

20 (A) goods, services, or technology listed 

21 on— 

22 (i)(I) the Nuclear Suppliers Group 

23 Guidelines for the Export of Nuclear Mate24 rial, Equipment and Technology (published 

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1 cy as Information Circular INFCIRC/254/ 

2 Rev. 8/Part 1, and subsequent revisions) 

3 and Guidelines for Transfers of Nuclear4 Related Dual-Use Equipment, Material, 

5 and Related Technology (published by the 

6 International Atomic Energy Agency as In7 formation Circular INFCIRC/254/Rev. 7/ 

8 Part 2, and subsequent revisions); 

9 (II) the Missile Technology Control 

10 Regime Equipment and Technology Annex 

11 of June 11, 1996, and subsequent revi12 sions; 

13 (III) the lists of items and substances 

14 relating to biological and chemical weapons 

15 the export of which is controlled by the 

16 Australia Group; 

17 (IV) the Schedule One or Schedule 

18 Two list of toxic chemicals and precursors 

19 the export of which is controlled pursuant 

20 to the Convention on the Prohibition of the 

21 Development, Production, Stockpiling and 

22 Use of Chemical Weapons and on Their 

23 Destruction; 

24 (V) the Wassenaar Arrangement list 

25 of Dual Use Goods and Technologies and 

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1 Munitions list of July 12, 1996, and subse2 quent revisions; 

3 (VI) the United States Munitions List 

4 under section 38 of the Arms Export Con5 trol Act (22 U.S.C. 2778) for which special 

6 export controls are warranted under such 

7 Act (22 U.S.C. 2751 et seq.); or 

8 (VII) the Commerce Control List 

9 maintained under part 774 of title 15, 

10 Code of Federal Regulations; or 

11 (B) goods, services, or technology not list12 ed on any list identified in subparagraph (A) 

13 but which nevertheless would be, if they were 

14 United States goods, services, or technology, 

15 prohibited for export to Iran because of their 

16 potential to make a material contribution to the 

17 development of nuclear, biological, or chemical 

18 weapons, or of ballistic or cruise missile sys19 tems. 

20 (2) EXCLUSION.—The term ‘‘goods, services, or 

21 technology’’ does not include goods, services, or tech22 nology that are directly related to the operation of 

23 the Bushehr nuclear power reactor. 

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1 TITLE XV—HOLOCAUST 

2 INSURANCE ACCOUNTABILITY 

3 SEC. 1601. SHORT TITLE. 

4 This title may be cited as the ‘‘Holocaust Insurance 

5 Accountability Act of 2009’’. 

6 SEC. 1602. VALIDITY OF STATE LAWS. 

7 (a) VALIDITY OF LAWS CREATING CAUSE OF AC8 TION.—Any State law creating a cause of action against 

9 any insurer or related company based on a claim arising 

10 out of or related to a covered policy shall not be invalid 

11 or preempted by reason of any Executive agreement be12 tween the United States and any foreign country. 

13 (b) VALIDITY OF LAWS REQUIRING DISCLOSURE OF

14 INFORMATION.—Any State law that is enacted on or after 

15 March 1, 1998, and that requires an insurer doing busi16 ness in that State, including any related company, to dis17 close information regarding any covered policy shall be 

18 deemed to be in effect on the date of the enactment of 

19 such law and shall not be invalid or preempted by reason 

20 of any Executive agreement between the United States 

21 and any foreign country. 

22 (c) WAIVER.—The President may waive the applica23 tion of subsection (a) or (b) with respect to any Executive 

24 agreement that is entered into between the United States 

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1 ment of this Act and that involves covered policies if, not 

2 later than 30 legislative days before the signing of the Ex3 ecutive agreement— 

4 (1) the President determines that the Executive 

5 agreement is vital to the national security interests 

6 of the United States; and 

7 (2) the President provides to the appropriate 

8 congressional committees a report explaining the 

9 reasons for such determination. 

10 (d) STATEMENTS OF INTEREST.—No funds may be 

11 used by the Department of State, or any other department 

12 or agency of the United States, for the purpose of issuing 

13 a statement of interest seeking to encourage a court in 

14 the United States to dismiss any claim brought to recover 

15 compensation arising out of or related to a covered policy. 

16 (e) STATUTE OF LIMITATIONS.—No court may dis17 miss a claim that is brought under a State law described 

18 in subsection (a) or (b) within 10 years after the date of 

19 the enactment of this Act on the ground that the claim 

20 is barred under any statute of limitations. 

21 SEC. 1603. APPLICABILITY. 

22 This title shall apply to any claim that is brought, 

23 before, on, or after the date of the enactment of this Act, 

24 under a State law described in subsection (a) or (b), in25 cluding— 

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1 (1) any claim dismissed, before the date of the 

2 enactment of this Act, on the ground of executive 

3 preemption; and 

4 (2) any claim that is deemed released as a re5 sult of the settlement of a class action that was en6 tered into before the date of the enactment of this 

7 title, if the claimant did not receive any payment 

8 pursuant to the settlement. 

9 SEC. 1604. DEFINITIONS. 

10 In this title: 

11 (1) APPROPRIATE CONGRESSIONAL COMMIT12 TEES.—The term ‘‘appropriate congressional com13 mittees’’ means the Committee on Foreign Affairs in 

14 the House of Representatives, the Committee on 

15 Foreign Relations in the Senate, and the Commit16 tees on the Judiciary of the House of Representa17 tives and the Senate. 

18 (2) COVERED POLICY.— 

19 (A) IN GENERAL.—The term ‘‘covered pol20 icy’’ means any life, dowry, education, property, 

21 or other insurance policy that— 

22 (i) was in effect at any time after 

23 January 30, 1933, and before December 

24 31, 1945; and 

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1 (ii) was issued to a policyholder domi2 ciled in any area that was occupied or con3 trolled by Nazi Germany. 

4 (B) NAZI GERMANY.—In this paragraph, 

5 the term ‘‘Nazi Germany’’ means— 

6 (i) the Nazi government of Germany; 

7 and 

8 (ii) any government in any area occu9 pied by the military forces of the Nazi gov10 ernment of Germany. 

11 (3) INSURER.—The term ‘‘insurer’’ means any 

12 person engaged in the business of insurance (includ13 ing reinsurance) in interstate or foreign commerce, 

14 if the person issued a covered policy, or a successor 

15 in interest to such person. 

16 (4) LEGISLATIVE DAYS.—The term ‘‘legislative 

17 days’’ means those days on which both Houses of 

18 Congress are in session. 

19 (5) RELATED COMPANY.—The term ‘‘related 

20 company’’ means an affiliate, as that term is defined 

21 in section 104(g) of the Gramm-Leach-Bliley Act 

22 (15 U.S.C. 6701(g)). 

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1 TITLE XVI—BELARUS ARMS 

2 TRANSFERS ACCOUNTABILITY 

3 SEC. 1701. SHORT TITLE. 

4 This title may be cited as the ‘‘Belarus Arms Trans5 fers Accountability Act of 2009’’. 

6 SEC. 1702. SENSE OF CONGRESS. 

7 It is the sense of Congress that— 

8 (1) the Secretary of State should take into con9 sideration the continuing reports of arms sales by 

10 Belarus to state sponsors of terrorism and states 

11 that do not fully cooperate with the United States 

12 in its anti-terrorism efforts, as well as any informa13 tion gathered in the process of drafting the report 

14 to the appropriate congressional committees required 

15 under this title, and carefully consider whether the 

16 imposition of existing terrorism and nonproliferation 

17 sanctions would be appropriate to deter any such 

18 arms sales by Belarus; and 

19 (2) any use by Iran of civilian nuclear coopera20 tion agreements with other countries as a means to 

21 proliferate weapons technology and expertise to 

22 countries such as Venezuela, either directly or by 

23 means of arrangements with Belarus or other coun24 tries would not be in the interest of the United 

25 States. 

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1 SEC. 1703. REPORT. 

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

3 date of the enactment of this Act, and on annual basis 

4 thereafter, the Secretary of State shall transmit to the ap5 propriate congressional committees a report that de6 scribes, with respect to the preceding 12-month period, the 

7 following: 

8 (1) The scale and modalities of exports of weap9 ons and related services by the Government of 

10 Belarus and Belarusian enterprises, including reve11 nues flows, and the potential role of the government 

12 and enterprise of the Russian Federation in such ex13 ports and revenues. 

14 (2) The status of the stockpiles of weapons in15 herited by Belarus from the former Soviet regime, 

16 including a determination as to the role such stock17 piles may continue to play in the export of weapons 

18 by Belarus, and an assessment of the capability of 

19 Belarusian enterprises to manufacture conventional 

20 and advanced weaponry and provide services for 

21 such sales. 

22 (3) A determination as to whether civilian nu23 clear cooperation agreements and activities involving 

24 Iran, Belarus, or Venezuela are being used as a 

25 means to proliferate nuclear arms technology and 

26 expertise. 

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1 (4) The sale or delivery of weapons or weapons2 related technologies from Belarus to any country 

3 that is designated as a state sponsor of terrorism or 

4 not fully cooperating with United States 

5 antiterrorism efforts for purposes of section 40A of 

6 the Arms Export Control Act, including Venezuela. 

7 (b) FORM.—The report shall be in an unclassified 

8 form but may include a classified annex. 

9 SEC. 1704. STATE SPONSOR OF TERRORISM DEFINED. 

10 In this title, the term ‘‘state sponsor of terrorism’’ 

11 means a country the government of which the Secretary 

12 of State has determined, for purposes of section 6(j) of 

13 the Export Administration Act of 1979, section 620A of 

14 the Foreign Assistance Act of 1961, section 40 of the 

15 Arms Export Control Act, or any other provision of law, 

16 to be a government that has repeatedly provided support 

17 for acts of international terrorism. 

18 TITLE XVII—ASIA-PACIFIC ECO19 NOMIC COOPERATION FORUM 

20 ENGAGEMENT 

21 SEC. 1801. ASIA-PACIFIC ECONOMIC COOPERATION. 

22 (a) SENSE OF CONGRESS.—It is the sense of Con23 gress that— 

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1 (1) the United States continued engagement in 

2 Asia must be a cornerstone of United States foreign 

3 policy in the 21st Century; 

4 (2) the President must elevate the role of the 

5 United States in the Asia-Pacific Economic Coopera6 tion forum (APEC) by ensuring that United States 

7 Government officials of the appropriate rank attend 

8 APEC activities; and 

9 (3) increased participation by United States 

10 small businesses, particularly manufacturers, will 

11 add substantial benefit to APEC discussions and 

12 help strengthen the influence of the United States 

13 within APEC. 

14 (b) SMALL BUSINESS DEFINED.—In this section, the 

15 term ‘‘small business’’ shall have the meaning given the 

16 term ‘‘small business concern’’ in section 410(9) of the 

17 Small Business Investment Act of 1958 (15 U.S.C. 

18 694a(9)). 

19 (c) UNITED STATES PARTICIPATION AT APEC.— 

20 (1) DESIGNATION OF APEC COORDINATORS.— 

21 The President shall designate in appropriate depart22 ments and agencies an existing official compensated 

23 at a rate of basic pay not less than the minimum 

24 rate of basic pay payable to a member of the Senior 

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1 Executive Service to serve as each such department’s 

2 or agency’s ‘‘APEC Coordinator’’. 

3 (2) DUTIES OF APEC COORDINATORS.— 

4 (A) IN GENERAL.—The APEC Coordina5 tors of the appropriate departments and agen6 cies designated in accordance with paragraph 

7 (1) shall, in consultation with the United States 

8 Ambassador to APEC, set department- and 

9 agency-wide guidelines for each such depart10 ment’s or agency’s participation at APEC. 

11 (B) REPORT.—Each APEC Coordinator 

12 shall annually submit to the appropriate con13 gressional committees a report on efforts to en14 hance each department’s and agency’s partici15 pation at APEC. 

16 (d) ENHANCING SMALL BUSINESS PARTICIPATION

17 AT APEC.— 

18 (1) DESIGNATION OF SMALL BUSINESS LIAI19 SON.—The Secretary of State shall designate an ex20 isting officer within the Bureau of East Asian and 

21 Pacific Affairs to serve as a ‘‘Small Business Liai22 son’’. Such designated officer is authorized to be 

23 compensated at a rate of basic pay not less than the 

24 minimum rate of basic pay payable to an individual 

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1 at GS–14 of the General Schedule or FS–02 of the 

2 Foreign Service Schedule. 

3 (2) DEPARTMENT OF STATE WEBSITE.—The 

4 Secretary of State shall post on the website of the 

5 Department of State a dedicated page for United 

6 States small businesses to facilitate direct commu7 nication between the United States Government and 

8 the business community concerning APEC. 

9 (3) COORDINATION.—The Secretary of State 

10 shall coordinate with existing private sector partners 

11 and relevant business associations to promote par12 ticipation by small businesses at APEC. The Sec13 retary shall ensure that notices about meetings and 

14 briefings provided by United States APEC officials 

15 on APEC-related issues are posted on the website of 

16 the Department of State (in accordance with para17 graph (2)) not later than 15 days before the dates 

18 of such meetings and briefings. 

19 (4) RENAMING.—The Office of Economic Policy 

20 within the Bureau of East Asian and Pacific Affairs 

21 of the Department of State shall be referred to as 

22 the ‘‘Office of APEC Affairs’’. Any reference in a 

23 law, map, regulation, document, paper, or other 

24 record of the United States to the Office of Ecomstockstill on PROD1PC66 with BILLS

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1 nomic Policy shall be deemed to be a reference to 

2 the Office of APEC Affairs. 

3 (e) REPORT ON HOSTING OF APEC 2011 IN THE

4 UNITED STATES.—Not later than 60 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 detailing the mechanisms that are in place or are 

8 being considered for hosting the 2011 meeting of APEC 

9 in the United States, including an analysis of the esti10 mated or projected costs associated with such meetings. 

Æ 

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