(4) CONTACTS WITH UNION LEADERS.—In com-
piling data and assessing the business and invest-
ment climates abroad for each report required under 
subsection (a), United States foreign service officers 
shall, as appropriate and with respect to the foreign 
country in which such officers are posted, seek out 
and maintain contacts with leaders of local and na-
tional unions of such country to assess the political 
stability of such country as measured through social 
cohesion and the rights of workers. 
(5) CONTACTS WITH THE JUDICIARY.—In com-
piling data and assessing the business and invest-
ment climates abroad for each report required under 
subsection (a), United States foreign service officers 
shall, as appropriate and with respect to the foreign 
country in which such officers are posted, seek out 
and maintain contacts with members of the judicial 
system of such country to evaluate the capacity of 
the legal institutions to address discrepancies and 
disputes that may arise, including corruption and 
nationalization. Such officers shall also research the 
capacity for arbitration locally to address concerns if 
such country’s legal system is unable to provide suit-
able or satisfactory recourse in a matter relating to 
VerDate Nov 24 2008 
03:28 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1202.IH
H1202
jbell on PROD1PC69 with BILLS
an unfair business or investment practice involving 
a United States citizen or business. 
(6) CONTACTS WITH NONGOVERNMENTAL OR-
GANIZATIONS.—In compiling data and assessing the 
business and investment climates abroad for each re-
port required under subsection (a), United States 
foreign service officers shall, as appropriate and with 
respect to the foreign country in which such officers 
are posted, seek out and maintain contacts with 
members of nongovernmental organizations in such 
country that address the concerns of the business 
community, with the consent of such organizations, 
including receiving reports and updates from such 
organizations and, when appropriate, investigating 
such reports. 
(d) CLASSIFICATION OF REPORT.— 
(1) IN GENERAL.—A report required under sub-
section (a) of this section shall, to the extent prac-
ticable, be submitted in an unclassified form but 
may be accompanied by a classified appendix if the 
Secretary of State determines that such is appro-
priate. 
(2) COOPERATION.—If the Secretary of State 
determines that the submission of any information 
with respect to a foreign country under paragraph 
VerDate Nov 24 2008 
20:23 Mar 02, 2009
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1202.IH
H1202
jbell on PROD1PC69 with BILLS
(3) of subsection (a) in classified form would make 
more likely the cooperation of the government of 
such foreign country, the Secretary may submit such 
information in classified form. 
(3) SUMMARIZATION.—If the Secretary of State 
determines that it is in the national security inter-
ests of the United States or is necessary for the 
safety of individuals or entities to be identified in a 
report required under subsection (a) or is necessary 
to further the purposes of this Act, any information 
required under such subsection, including measures 
taken by the United States, may be summarized in 
such report and submitted in more detail in a classi-
fied addendum. 
SEC. 2. BUSINESS AND INVESTMENT CLIMATE WARNINGS. 
(a) IN GENERAL.—The Secretary of State, with the 
assistance of the Assistant Secretary of State for Eco-
nomic, Energy and Business Affairs, as well as the Assist-
ant Secretary of Commerce for Trade Promotion and the 
Director General of the Foreign Commercial Service, shall 
establish a system that informs members of the United 
States business community and United States investors 
prior to their entry into a foreign country of the business 
and investment conditions in such country. 
VerDate Nov 24 2008 
03:28 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1202.IH
H1202
jbell on PROD1PC69 with BILLS
(b) WARNINGS.—The system established under sub-
section (a) shall, if appropriate, issue investment warn-
ings— 
(1) to describe long-term, protracted conditions 
that make a country’s business or investment cli-
mate risky or potentially dangerous to members of 
the United States business community and United 
States investors; or 
(2) when the ability of the United States Gov-
ernment to assist such members and investors is 
constrained due to the closure of a United States 
diplomatic or consular mission in such country. 
(c) FOUR-TIER SYSTEM.— 
(1) IN GENERAL.—The Secretary of State and 
the Secretary of Commerce shall develop a four-tier 
system to grade the business and investment climate 
of each country that receives over $5,000,000,000 in 
exports, aid, and remittances from the United 
States, based on the following criteria: 
(A) Political stability. 
(B) Macroeconomic stability. 
(C) Rule of law. 
(D) Corruption and transparency. 
(E) Regulatory quality. 
(F) Good governance. 
VerDate Nov 24 2008 
03:28 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1202.IH
H1202
jbell on PROD1PC69 with BILLS
(G) Civil society engagement. 
(2) ADDITIONAL CRITERIA.—The grading with-
in the four-tier system referred to in paragraph (1) 
shall also address the following unfair business and 
investment practices with respect to each country 
identified and graded under such paragraph: 
(A) Discriminatory treatment of United 
States citizens and businesses engaged in busi-
ness or investment activities. 
(B) The status of allowing United States 
goods to enter each such country without re-
quiring a co-production agreement. 
(C) Protection of United States intellectual 
property rights. 
(d) PUBLIC ACCESSIBILITY.—The Secretary of State 
shall publish on the website of the Department of State 
information on countries under this section. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) CIVIL
SOCIETY
ENGAGEMENT.—The term 
‘‘civil society engagement’’ means the extent to 
which individuals exercise peacefully their rights of 
expression, association, and assembly, including 
through their establishing and participating in non-
VerDate Nov 24 2008 
03:28 Feb 27, 2009
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1202.IH
H1202
jbell on PROD1PC69 with BILLS