(A) to the countries that have been identi-
fied under section 182(a)(1) of the Trade Act 
of 1974 (19 U.S.C. 2242(a)(1)); and 
(B) to the country where the Organization 
for Economic Cooperation and Development has 
its headquarters. 
(d) DUTIES AND RESPONSIBILITIES OF INTELLEC-
TUAL PROPERTY ATTACHE´S.—The intellectual property 
attache´s appointed under subsection (b), as well as others 
serving as intellectual property attache´s of any other de-
partment or agency of the United States, shall have the 
following responsibilities: 
(1) To promote cooperation with foreign gov-
ernments in the enforcement of intellectual property 
laws generally, and in the enforcement of laws 
against counterfeiting and piracy in particular. 
(2) To assist United States persons holding in-
tellectual property rights, and the licensees of such 
United States persons, in their efforts to combat 
counterfeiting and piracy of their products or works 
within the host country, including counterfeit or pi-
rated goods exported from or transshipped through 
that country. 
(3) To chair an intellectual property protection 
task force consisting of representatives from all 
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other relevant sections or bureaus of the embassy or 
other mission. 
(4) To coordinate with representatives of the 
embassies or missions of other countries in informa-
tion sharing, private or public communications with 
the government of the host country, and other forms 
of cooperation for the purpose of improving enforce-
ment against counterfeiting and piracy. 
(5) As appropriate and in accordance with ap-
plicable laws and the diplomatic status of the 
attache´s, to engage in public education efforts 
against counterfeiting and piracy in the host coun-
try. 
(6) To coordinate training and technical assist-
ance programs of the United States Government 
within the host country that are aimed at improving 
the enforcement of laws against counterfeiting and 
piracy. 
(7) To identify and promote other means to 
more effectively combat counterfeiting and piracy ac-
tivities under the jurisdiction of the host country. 
(e) TRAINING.—The Secretary of State shall ensure 
that each attache´ appointed under subsection (b) is fully 
trained for the responsibilities of the position before as-
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suming duties at the United States embassy or other mis-
sion in question. 
(f) COORDINATION.—The activities of intellectual 
property attache´s under this section shall be carried out 
in coordination with the United States Intellectual Prop-
erty Enforcement Coordinator appointed under section 
301 of the Prioritizing Resources and Organization for In-
tellectual Property Act of 2008 (15 U.S.C. 8111). 
(g) REPORT TO CONGRESS.— 
(1) IN GENERAL.—The Secretary of State shall 
submit to the Congress, not later than December 31 
of each year, a report on the appointment, designa-
tion for assignment, and activities of all intellectual 
property attache´s of any Federal department or 
agency who are serving at United States embassies 
or other diplomatic missions. 
(2) CONTENTS.—Each report under paragraph 
(1) shall include the following: 
(A) A description of the progress, or lack 
thereof, in the preceding year regarding the res-
olution of general and specific intellectual prop-
erty disputes in each country identified under 
section 182(a)(1) of the Trade Act of 1974 (19 
U.S.C. 2242(a)(1)), including any changes by 
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the host government in applicable laws and reg-
ulations and their enforcement. 
(B) An assessment of the obstacles pre-
venting the host government of each country 
described in subparagraph (A) from imple-
menting adequate measures to fulfill its inter-
national and bilateral obligations with respect 
to intellectual property rights. 
(C) An assessment of the adequacy of the 
resources of the Department of State employed 
to carry out subparagraphs (A) and (B) and, if 
necessary, an assessment of the need for addi-
tional resources for such purposes. 
(h) DEFINITIONS.—In this section: 
(1) COUNTERFEITING; COUNTERFEIT GOODS.— 
(A) COUNTERFEITING.—The term ‘‘coun-
terfeiting’’ means activities related to produc-
tion of or trafficking in goods, including pack-
aging, that bear a spurious mark or designation 
that is identical to or substantially indistin-
guishable from a mark or designation protected 
under trademark laws or related legislation. 
(B) COUNTERFEIT
GOODS.—The term 
‘‘counterfeit goods’’ means those goods de-
scribed in subparagraph (A). 
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(2) INTELLECTUAL
PROPERTY
RIGHTS.—The 
term ‘‘intellectual property rights’’ means the rights 
of holders of copyrights, patents, trademarks, other 
forms of intellectual property, and trade secrets. 
(3) PIRACY; PIRATED GOODS.— 
(A) PIRACY.—The term ‘‘piracy’’ means 
activities related to production of or trafficking 
in unauthorized copies or phonorecords of 
works protected under copyright law or related 
legislation. 
(B) PIRATED GOODS.—The term ‘‘pirated 
goods’’ means those copies or phonorecords de-
scribed in subparagraph (A). 
(4) 
UNITED
STATES
PERSON.—The 
term 
‘‘United States person’’ means— 
(A) any United States resident or national, 
(B) any corporation, partnership, other 
business entity, or other organization, that is 
organized under the laws of the United States, 
and 
(C) any foreign subsidiary or affiliate (in-
cluding any permanent foreign establishment) 
of any corporation, partnership, business entity, 
or organization described in subparagraph (B), 
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that is controlled in fact by such corporation, 
partnership, business entity, or organization, 
except that such term does not include an individual 
who resides outside the United States and is em-
ployed by an individual or entity other than an indi-
vidual or entity described in subparagraph (A), (B), 
or (C). 
(i) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated under section 101, 
there are authorized to be appropriated for each fiscal year 
such sums as may be necessary for the training and sup-
port of the intellectual property attache´s appointed under 
subsection (b) and of other personnel serving as intellec-
tual property attache´s of any other department or agency 
of the United States. 
SEC. 308. DOMESTIC PARTNERS AS ELIGIBLE FAMILY MEM-
BERS. 
It should be the policy of the United States to amend 
or promulgate the personnel regulations necessary to en-
sure that same-sex domestic partners of United States 
Foreign Service Officers are provided with the same bene-
fits, protections, and services currently provided to Eligi-
ble Family Members under the Foreign Affairs Manual, 
including inclusion in travel orders, and access to training, 
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emergency and medical evacuations, post health units, visa 
support, and preferential status for employment at post. 
TITLE IV—INTERNATIONAL 
ORGANIZATIONS 
SEC. 401. STATEMENT OF POLICY REGARDING PEACE-
KEEPING OPERATIONS CONTRIBUTIONS. 
It remains the policy of the United States, pursuant 
to section 404(b)(2)(B) of the Foreign Relations Author-
ization Act, Fiscal Years 1994 and 1995 (Public Law 
103–236; 22 U.S.C. 287e note) that United States as-
sessed contributions for a United Nations peacekeeping 
operation shall not exceed 25 percent of the total of all 
assessed contributions for such operation. 
SEC. 402. ENHANCING NUCLEAR SAFEGUARDS. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) The Treaty on the Non-Proliferation of Nu-
clear Weapons, done at Washington, London, and 
Moscow July 1, 1968, and entered into force March 
5, 1970 (commonly known as the ‘‘Nuclear Non- 
Proliferation Treaty’’ or ‘‘NPT’’), and the safe-
guards system of the International Atomic Energy 
Agency (IAEA) are indispensable to international 
peace and security. 
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(2) Congress has long supported efforts aimed 
at effective and efficient assurances of nuclear fuel 
supply, the strengthening of IAEA safeguards, and 
assistance to the developing world for nuclear and 
non-nuclear energy sources, as embodied in the Nu-
clear Non-Proliferation Act of 1978 (22 U.S.C. 3201 
et seq.). 
(3) According to some experts, global energy 
demand will grow by 50 percent in the next 20 
years, predominantly in the developing world. 
(4) The Government Accountability Office 
(GAO) stated in testimony before Congress in Sep-
tember 2006 that ‘‘while IAEA is increasingly rely-
ing on the analytical skills of its staff to detect coun-
tries’’ undeclared nuclear activities, the agency is 
facing a looming human capital crisis. 
(5) The Director General of the IAEA told the 
Board of Governors of the IAEA in March 2009 
that the ‘‘deteriorating conditions in our labora-
tories, for example, threaten both our ability to de-
liver our programmed, as well as our independent 
analytical capability’’. 
(6) Considerable investment is needed for the 
IAEA’s Safeguards Analytical Laboratory (SAL), to 
meet future IAEA requirements as its workload is 
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growing, the laboratory’s infrastructure is aging, 
and IAEA requirements have become more demand-
ing, and while initial plans have been made for lab-
oratory enhancement and are currently pending 
budgetary approval (sometime in 2009), the simple 
fact is that, as more countries implement IAEA 
safeguards, many more nuclear samples come to 
SAL for analysis. 
(7) The existing funding, planning, and execu-
tion of IAEA safeguards is not sufficient to meet the 
predicted growth in the future of civilian nuclear 
power, and therefore any growth in civilian nuclear 
power must be evaluated against the challenges it 
poses to verification of the assurances of peace and 
security provided by the IAEA safeguards system. 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $10,000,000 for the refur-
bishment or possible replacement of the IAEA’s Safe-
guards Analytical Laboratory. 
(c) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Rela-
tions of the Senate a report on the refurbishment or pos-
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sible replacement of the IAEA’s Safeguards Analytical 
Laboratory pursuant to subsection (b). 
SEC. 403. DURBAN REVIEW CONFERENCE FUNDING. 
None of the funds authorized to be appropriated by 
this Act may be used by the Secretary of State as a con-
tribution for any part of the Durban Review Conference 
or its preparatory or follow-on activities. 
SEC. 404. RESTRICTIONS REGARDING IRAN-LED INTER-
NATIONAL ORGANIZATIONS. 
None of the funds authorized to be appropriated by 
this Act may be used by the Secretary of State as a con-
tribution for any organization, agency, or program within 
the United Nations system in which Iran holds a position 
of leadership. 
SEC. 405. UNITED NATIONS HUMAN RIGHTS COUNCIL. 
None of the funds authorized to be appropriated by 
this Act may be used by the Secretary of State as a con-
tribution for the United Nations Human Rights Council. 
SEC. 406. UNITED NATIONS RELIEF AND WORKS AGENCY. 
None of the funds authorized to be appropriated by 
this Act may be used by the Secretary of State as a con-
tribution for the United Nations Relief and Works Agency. 
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SEC. 407. UNITED NATIONS DEVELOPMENT PROGRAM ETH-
ICS JURISDICTION. 
The Secretary of State shall withhold 10 percent 
from the United States voluntary contribution for fiscal 
year 2010 to the United Nations Development Program 
until the Secretary of State certifies to the Committee on 
Foreign Affairs and the Committee on Appropriations of 
the House of Representatives and the Committee on For-
eign Relations and the Committee on Appropriations of 
the Senate that the United Nations Development Program 
has acceded to the jurisdiction of the United Nations Eth-
ics Office. 
SEC. 408. WITHHOLDING OF CONTRIBUTIONS TO UNITED 
NATIONS FOR LEGAL FEES OF CERTAIN OFFI-
CERS OR EMPLOYEES. 
The United States may not contribute to the United 
Nations any funds to be used to pay or reimburse legal 
expenses incurred by current or former United Nations 
officers or employees in connection with proceedings aris-
ing out of alleged malfeasance in connection with the em-
ployment of such officers or employees with the United 
Nations. The President shall ensure that no United States 
contributions to the United Nations are used for such pur-
poses, including, where necessary, by withholding from 
United States contributions to the regularly assessed bien-
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nial budget of the United Nations amounts equal to any 
amounts so paid or reimbursed. 
SEC. 409. REVIEW OF ACTIVITIES OF INTERNATIONAL COM-
MISSIONS. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, and two years there-
after, the Secretary of State shall submit to the appro-
priate congressional committees a report on the activities 
of each of the international commissions specified in sec-
tion 103. 
(b) REPORT
ELEMENTS.—The reports required 
under subsection (a) shall include information on the fol-
lowing: 
(1) Amounts obligated and expended during the 
two previous fiscal years by each of such commis-
sions. 
(2) A description of the projects carried out 
during such years by each of such commissions and 
a description of the management and implementa-
tion of such projects, including the use of private 
contractors. 
(3) Projects anticipated during the next two fis-
cal years relating to the activities of each of such 
commissions because of obligations that the United 
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States has entered into based on any treaty between 
the United States and another country. 
(c) SUBMISSION OF REPORTS.—The reports required 
under subsection (a) may be combined with the annual 
budget justification submitted by the President in accord-
ance with section 1105(a) of title 31, United States Code. 
TITLE 
V—UNITED 
STATES 
INTERNATIONAL 
BROAD-
CASTING 
SEC. 
501. 
AUTHORIZATION 
OF 
APPROPRIATIONS 
FOR 
INTERNATIONAL BROADCASTING. 
The following amounts are authorized to be appro-
priated to carry out United States international broad-
casting activities under the United States Information and 
Educational Exchange Act of 1948, the Radio Broad-
casting to Cuba Act, the Television Broadcasting to Cuba 
Act, the United States International Broadcasting Act of 
1994, and the Foreign Affairs Reform and Restructuring 
Act of 1998, and to carry out other authorities in law con-
sistent with such purposes: 
(1) For ‘‘International Broadcasting Oper-
ations’’, $730,241,919 for fiscal year 2010 and such 
sums as may be necessary for fiscal year 2011. 
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(2) For ‘‘Broadcasting Capital Improvements’’, 
$11,713,952 for fiscal year 2010 and such sums as 
may be necessary for fiscal year 2011. 
(3) For ‘‘Broadcasting to Cuba’’, $32,500,000 
for fiscal year 2010 and such sums as may be nec-
essary for fiscal year 2011. 
SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM. 
Section 504(c) of the Foreign Relations Authoriza-
tion Act, Fiscal Year 2003, (Public Law 107–228; 22 
U.S.C. 6206 note), is amended by striking ‘‘2009’’ and 
inserting ‘‘2011’’. 
SEC. 503. EMPLOYMENT FOR INTERNATIONAL BROAD-
CASTING. 
Section 804(1) of the United States Information and 
Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) 
is amended by inserting after ‘‘suitably qualified United 
States citizens’’ the following: ‘‘(for purposes of this para-
graph, the term ‘suitably qualified United States citizens’ 
means those United States citizen applicants who are 
equally or better qualified than non-United States citizen 
applicants)’’. 
SEC. 504. DOMESTIC RELEASE OF THE VOICE OF AMERICA 
FILM ENTITLED ‘‘A FATEFUL HARVEST’’. 
(a) IN GENERAL.—Notwithstanding section 208 of 
the Foreign Relations Authorization Act, Fiscal Years 
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1986 and 1987 (22 U.S.C. 1461–1a) and section 501(b) 
of the United States Information and Educational Ex-
change Act of 1948 (22 U.S.C. 1461(b)), the Director of 
the International Broadcasting Bureau shall provide a 
master copy of the film entitled ‘‘A Fateful Harvest’’ to 
the Archivist of the United States for domestic release in 
accordance with subsection (b). 
(b) DOMESTIC RELEASE.—Upon evidence that nec-
essary United States rights and licenses have been secured 
by the person seeking domestic release of the film referred 
to in subsection (a), the Archivist shall— 
(1) deposit the film in the National Archives of 
the United States; and 
(2) make copies of the film available for pur-
chase and public viewing within the United States. 
SEC. 505. ESTABLISHING PERMANENT AUTHORITY FOR 
RADIO FREE ASIA. 
Section 309 of the United States International 
Broadcasting Act of 1994 (22 U.S.C. 6208) is amended— 
(1) in subsection (c)(2), by striking ‘‘, and shall 
further specify that funds to carry out the activities 
of Radio Free Asia may not be available after Sep-
tember 30, 2010’’; 
(2) by striking subsection (f); and 
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(3) by redesignating subsections (g) and (h) as 
subsection (f) and (g), respectively. 
TITLE 
VI—UNITED 
NATIONS 
TRANSPARENCY, 
ACCOUNT-
ABILITY, AND REFORM ACT 
OF 2009 
SEC. 601. SHORT TITLE. 
This title may be cited as the ‘‘United Nations Trans-
parency, Accountability, and Reform Act of 2009’’. 
SEC. 602. DEFINITIONS. 
In this title : 
(1) EMPLOYEE.—The term ‘‘employee’’ means 
an individual who is employed in the general serv-
ices, professional staff, or senior management of the 
United Nations, including consultants, contractors 
and subcontractors. 
(2) GENERAL ASSEMBLY.—The term ‘‘General 
Assembly’’ means the General Assembly of the 
United Nations. 
(3) MEMBER
STATE.—The term ‘‘Member 
State’’ means a Member State of the United Na-
tions. Such term is synonymous with the term 
‘‘country’’. 
(4) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of State. 
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(5) SECRETARY
GENERAL.—The term ‘‘Sec-
retary General’’ means the Secretary General of the 
United Nations. 
(6) SECURITY COUNCIL.—The term ‘‘Security 
Council’’ means the Security Council of the United 
Nations. 
(7) UN.—The term ‘‘UN’’ means the United 
Nations. 
(8) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committees on Foreign Affairs, 
Appropriations, and Oversight and Government 
Reform of the House; and 
(B) the Committees on Foreign Relations, 
Appropriations, and Homeland Security and 
Governmental Affairs of the Senate. 
Subtitle A—Funding of the United 
Nations 
SEC. 611. FINDINGS. 
Congress finds the following: 
(1) The United States pays billions of dollars 
into the United Nations system every year (over 
5,300,000,000 dollars in 2005, according to the 
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White House Office of Management and Budget), 
significantly more than any other country. 
(2) Under current rules and contribution levels, 
it is possible to assemble the two-thirds majority 
needed for important United Nations budget votes 
with a group of countries that, taken together, pay 
less than 1 percent of the total United Nations reg-
ular budget. 
(3) The disconnect between contribution levels 
and management control creates significant perverse 
incentives in terms of United Nations spending, 
transparency, and accountability. 
(4) The United Nations system suffers from 
unacceptably high levels of waste, fraud, and abuse, 
which seriously impair its ability to fulfill the lofty 
ideals of its founding. 
(5) Amidst the continuing financial, corruption, 
and sexual abuse scandals of the past several years, 
American public disapproval of United Nations has 
reached all-time highs. A 2008 Gallup poll revealed 
that 65 percent of Americans believe that the United 
Nations is doing a poor job, a negative assessment 
shared by a majority of respondents from both polit-
ical parties. Research polling by another firm in late 
2006 found that 71 percent of Americans think that 
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the United Nations is ‘‘no longer effective’’ and 
needs to be significantly reformed, while 75 percent 
think that the United Nations ‘‘needs to be held 
more accountable.’’ 
(6) Significant improvements in United Nations 
transparency and accountability are necessary for 
improving public perceptions of and American sup-
port for United Nations operations. 
(7) Because of their need to justify future con-
tributions from donors, voluntarily funded organiza-
tions have more incentive to be responsive and effi-
cient in their operations than organizations funded 
by compulsory contributions that are not tied to per-
formance. 
(8) Article XVII of the Charter of the United 
Nations, which states that ‘‘[t]he expenses of the 
Organization shall be borne by the Members as ap-
portioned by the General Assembly’’, leaves to the 
discretion of the General Assembly the basis of ap-
portionment, which could be done on the basis of 
voluntary pledges by Member States. 
(9) Unlike United States assessed contributions 
to the United Nations regular budget, which are 
statutorily capped at 22 percent of the total, there 
is no cap on voluntary contributions. 
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(10) The United States, which contributes gen-
erously to international organizations whose activi-
ties it recognizes as credible, worthwhile, and effi-
cient, contributes more than 22 percent of the budg-
et of certain voluntarily funded United Nations Spe-
cialized Agencies. 
SEC. 612. APPORTIONMENT OF THE UNITED NATIONS REG-
ULAR BUDGET ON A VOLUNTARY BASIS. 
(a) UNITED STATES POLICY.— 
(1) SHIFTING OF FUNDING.—It is the policy of 
the United States to seek to shift the funding mech-
anism for the regular budget of the United Nations 
from an assessed to a voluntary basis. 
(2) DIRECTION.—The President shall direct the 
United States Permanent Representative to the 
United Nations to use the voice, vote, and influence 
of the United States at the United Nations to shift 
the funding mechanism for the regular budget of the 
United Nations to a voluntary basis, and to make it 
a priority to build support for such a trans-
formational change among Member States, particu-
larly key United Nations donors. 
(b) CERTIFICATION
OF
PREDOMINANTLY
VOL-
UNTARY UN REGULAR BUDGET FINDING.—A certifi-
cation described in this section is a certification by the 
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Secretary of State to the Appropriate Congressional Com-
mittees that at least 80 percent of the total regular budget 
of the United Nations is apportioned on a voluntary basis. 
Each such certification shall be shall be effective for a pe-
riod of no more than 1 year, and shall be promptly revoked 
by the Secretary, with notice to the Appropriate Congres-
sional Committees, if the underlying circumstances change 
so as not to warrant such certification. 
(c) WITHHOLDING OF NONVOLUNTARY CONTRIBU-
TIONS.— 
(1) IN GENERAL.—Beginning two years after 
the effective date of this Act and notwithstanding 
any other provision of law, no funds may be obli-
gated or expended for a United States assessed con-
tribution to the regular budget of the United Na-
tions in an amount greater than 50 percent of the 
United States share of assessed contributions for the 
regular budget of the United Nations unless there is 
in effect a certification by the Secretary, as de-
scribed in subsection (b). 
(2) RELEASE.—For a period of three years 
after appropriation, funds appropriated for use as a 
United States contribution to the regular budget of 
the United Nations but withheld from obligation and 
expenditure pursuant to paragraph (1) may be obli-
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gated and expended for that purpose upon the cer-
tification described in subsection (b). After three 
years, in the absence of such certification, those 
funds shall revert to the United States Treasury. 
SEC. 613. BUDGET JUSTIFICATION FOR UNITED STATES 
CONTRIBUTIONS TO THE REGULAR BUDGET 
OF THE UNITED NATIONS. 
(a) DETAILED ITEMIZATION.—The annual congres-
sional budget justification shall include a detailed itemized 
request in support of the contribution of the United States 
to the regular budget of the United Nations. 
(b) CONTENTS
OF DETAILED ITEMIZATION.—The 
detailed itemization required under subsection (a) shall— 
(1) contain information relating to the amounts 
requested in support of each of the various sections 
and titles of the regular budget of the United Na-
tions; and 
(2) compare the amounts requested for the cur-
rent year with the actual or estimated amounts con-
tributed by the United States in previous fiscal years 
for the same sections and titles. 
(c) ADJUSTMENTS
AND
NOTIFICATION.—If the 
United Nations proposes an adjustment to its regular as-
sessed budget, the Secretary of State shall, at the time 
such adjustment is presented to the Advisory Committee 
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on Administrative and Budgetary Questions (ACABQ), 
notify and consult with the appropriate congressional com-
mittees. 
Subtitle B—Transparency and Ac-
countability for United States 
Contributions to the United Na-
tions 
SEC. 621. FINDINGS. 
Congress finds the following: 
(1) As underscored by continuing revelations of 
waste, fraud, and abuse, oversight and account-
ability mechanisms within the United Nations sys-
tem remain significantly deficient, despite decades of 
reform attempts, including those initiated by Secre-
taries General of the United Nations. 
(2) Notwithstanding the personal intentions of 
any Secretary General of the United Nations to pro-
mote institutional transparency and accountability 
within the United Nations System, the Secretary 
General lacks the power to impose far reaching man-
agement reforms without the concurrence of the 
General Assembly. 
(3) Groupings of Member States whose voting 
power in the General Assembly significantly out-
paces their proportional contributions to the United 
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Nations system have repeatedly and successfully de-
feated, delayed, and diluted various reform proposals 
that would have enabled more detailed oversight and 
scrutiny of United Nations system operations and 
expenditures. 
(4) To an unacceptable degree, major donor 
states, including the United States, lack access to 
reasonably detailed, reliable information that would 
allow them to determine how their contributions 
have been spent by various United Nations system 
entities, further contributing to the lack of account-
ability within the United Nations system. 
SEC. 622. DEFINITIONS. 
In this title: 
(1) UNITED
NATIONS
ENTITY.—The term 
‘‘United Nations Entity’’ means any United Nations 
agency, commission, conference, council, court, de-
partment, forum, fund, institute, office, organiza-
tion, partnership, program, subsidiary body, tri-
bunal, trust, university or academic body, related or-
ganization or subsidiary body, wherever located, that 
flies the United Nations flag or is authorized to use 
the United Nations logo, including but not limited to 
those United Nations affiliated agencies and bodies 
identified as recipients of United States contribu-
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tions under section 1225(b)(3)(E) of the John War-
ner National Defense Authorization Act for Fiscal 
Year 2007 (Public Law 109–364). 
(2) UNITED
NATIONS
SYSTEM.—The term 
‘‘United Nations System’’ means the aggregation of 
all United Nations Entities, as defined in paragraph 
(1). 
(3) UNITED STATES CONTRIBUTION.—The term 
‘‘United States Contribution’’ means an assessed or 
voluntary contribution, whether financial, in-kind, or 
otherwise, from the United States Federal Govern-
ment to a United Nations Entity, including con-
tributions passed through other entities for ultimate 
use by a United Nations Entity. United States Con-
tributions include, but are not limited to, those con-
tributions 
identified 
pursuant 
to 
section 
1225(b)(3)(E) of the John Warner National Defense 
Authorization Act for Fiscal Year 2007 (Public Law 
109–364). 
(4) TRANSPARENCY CERTIFICATION.—The term 
‘‘Transparency Certification’’ means an annual, 
written affirmation by the head or authorized des-
ignee of a United Nations Entity that the Entity will 
cooperate with the Inspector General, including by 
providing the Inspector General, upon request, with 
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full access to Oversight Information as defined in 
this title. 
(5) 
OVERSIGHT
INFORMATION.—The 
term 
‘‘Oversight Information’’ includes— 
(A) internally and externally commissioned 
audits, program reviews, performance reports, 
and evaluations; 
(B) financial statements, records, and bill-
ing systems; 
(C) program budgets and program budget 
implications, including revised estimates and re-
ports produced by or provided to the Secretary 
General and the Secretary General’s agents on 
budget related matters; 
(D) operational plans, budgets, and budg-
etary analyses for peacekeeping operations; 
(E) analyses and reports regarding the 
scale of assessments; 
(F) databases and other data systems con-
taining financial or programmatic information; 
(G) documents or other records alleging or 
involving improper use of resources, mis-
conduct, mismanagement, or other violations of 
rules and regulations applicable to the United 
Nations Entity; and 
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(H) other documentation relevant to the 
audit and investigative work of the United 
States Inspector General for Contributions to 
the United Nations System. 
SEC. 623. ESTABLISHMENT AND MANAGEMENT OF THE OF-
FICE OF THE UNITED STATES INSPECTOR 
GENERAL 
FOR 
CONTRIBUTIONS 
TO 
THE 
UNITED NATIONS SYSTEM. 
(a) PURPOSE.—The purpose of this section is to 
make possible the independent and objective conduct of 
audits and investigations relating to United States Con-
tributions to the United Nations System and the use of 
those contributions by United Nations Entities, in an ef-
fort to eliminate and deter waste, fraud, and abuse in the 
use of those contributions, and thereby to contribute to 
the development of greater transparency, accountability, 
and internal controls throughout the United Nations Sys-
tem. 
(b) ESTABLISHMENT.—There is hereby established 
the Office of the United States Inspector General for Con-
tributions to the United Nations System. 
(c) INSPECTOR GENERAL.— 
(1) APPOINTMENT.—The head of the Office of 
the United States Inspector General for Contribu-
tions to the United Nations System is the Inspector 
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General for Contributions to the United Nations 
System, who shall be appointed by the President, by 
and with the advice and consent of the Senate, on 
the basis of integrity and demonstrated ability in ac-
counting, auditing, financial analysis, law, manage-
ment analysis, public administration, or investiga-
tions. 
(2) NOMINATION.—The nomination of an indi-
vidual as Inspector General shall be made not later 
than 30 days after the enactment of this Act. 
(3) REMOVAL.—The Inspector General may be 
removed from office by the President. The President 
shall communicate the reasons for any such removal 
to both Houses of Congress. 
(4) COMPENSATION.—The annual rate of basic 
pay of the Inspector General shall be the annual rate 
of basic pay provided for positions at level IV of the 
Executive Schedule under section 5315 of title 5, 
United States Code. 
(5) RELATIONSHIP TO BOARD.— 
(A) Except as provided in subparagraph 
(B), the Inspector General shall report directly 
to and be under the general supervision of, the 
Board of Directors created in subsection (d). 
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(B) Neither the Board, any officer of the 
Board, nor any officer of a federal department 
or agency shall prevent or prohibit the Inspec-
tor General from initiating, carrying out, or 
completing any audit or investigation. 
(6) DUTIES.— 
(A) IN GENERAL.—It shall be the duty of 
the Inspector General to conduct, supervise, 
and coordinate audits and investigations of— 
(i) the treatment, handling, expendi-
ture, and use of United States Contribu-
tions by and to United Nations Entities; 
and 
(ii) the adequacy of accounting, over-
sight, and internal control mechanisms at 
United 
Nations 
Entities 
that 
receive 
United States Contributions. 
(B) SUPERVISION.—The Inspector General 
shall establish, maintain, and oversee such sys-
tems, procedures, and controls as the Inspector 
General considers appropriate to discharge the 
duty under subparagraph (A). 
(C) OPERATION.—The Inspector General 
shall carry out the duties specified in subpara-
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graphs (A) and (B) in accordance with section 
4(b)(1) of the Inspector General Act of 1978. 
(D) MAINTENANCE OF RECORDS.—The In-
spector General shall collect and maintain cur-
rent records regarding Transparency Certifi-
cations by all United Nations Entities that re-
ceive United States Contributions. 
(E) NOTIFICATION.—The Inspector Gen-
eral shall keep the Board of Directors and the 
Congress fully and promptly informed of how 
United Nations Entities are spending United 
States Contributions by means of reports, testi-
mony, and briefings. 
(F) REFERRALS.— 
(i) 
The 
Inspector 
General 
shall 
promptly report to the United States At-
torney General when Inspector General has 
reasonable grounds to believe a United 
States federal criminal law has been vio-
lated by a United Nations Entity or one of 
its employees, contractors, or representa-
tives. 
(ii) 
The 
Inspector 
General 
shall 
promptly report, when appropriate, to the 
Secretary General or the head of the ap-
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propriate United Nations Entity cases 
where the Inspector General reasonably be-
lieves that mismanagement, misfeasance, 
or malfeasance is likely to have taken place 
within a United Nations Entity and dis-
ciplinary proceedings are likely justified. 
(7) PERSONNEL, FACILITIES, AND OTHER RE-
SOURCES.— 
(A) IN GENERAL.—The Inspector General 
may select, appoint, and employ such officers 
and employees as may be necessary for carrying 
out the duties of the Inspector General. 
(B) SERVICES.—The inspector general 
may obtain services as authorized by section 
3109 of title 5, United States Code, at daily 
rates not to exceed the equivalent rate pre-
scribed for grade GS–15 of the General Sched-
ule by section 5332 of such title. 
(C) REAL PROPERTY.—The Inspector Gen-
eral may lease, purchase, or otherwise acquire, 
improve, and use such real property wherever 
situated, as may be necessary for carrying out 
this section. 
(D) CONTRACTS.—To the extent and in 
such amounts as may be provided in advance by 
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appropriations Acts, the Inspector General my 
enter into contracts and other arrangements for 
audits, studies, analyses, and other services 
with public agencies and with private persons, 
and make such payments as may be necessary 
to carry out the duties of the Inspector General. 
(E) DETAILEES.—Upon request by the In-
spector General, the head of an agency may de-
tail any employee of such agency to the Office 
of the United States Inspector General for Con-
tributions to the United Nations System on a 
reimbursable basis. Any employee so detailed 
remains, for the purpose of preserving such em-
ployee’s allowances, privileges, rights, seniority, 
and other benefits, an employee of the agency 
from which detailed. 
(8) COOPERATION BY UNITED STATES GOVERN-
MENT ENTITIES.— 
(A) IN GENERAL.—In carrying out the du-
ties, responsibilities, and authorities of the In-
spector General under this section, the Inspec-
tor General shall receive the cooperation of in-
spectors general of other Federal Government 
agencies. 
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(B) ASSISTANCE.—Upon request of the In-
spector General for information or assistance 
from any department, agency, or other entity of 
the Federal Government, the head of such enti-
ty shall, insofar as is practicable and not in 
contravention of any existing law, furnish such 
information or assistance to the Inspector Gen-
eral, or an authorized designee. 
(C) REPORT.—Whenever information or 
assistance requested by the Inspector General 
is, in the judgment of the Inspector General, 
unreasonably refused or not provided, the In-
spector General shall report the circumstances 
to the Board of Directors and to the Appro-
priate Congressional Committees without delay. 
(9) CONFIRMATION
OF
TRANSPARENCY
BY 
UNITED NATIONS ENTITIES.— 
(A) PROMPT NOTICE BY INSPECTOR GEN-
ERAL.—Whenever information or assistance re-
quested from a United Nations Entity by the 
Inspector General pursuant to a Transparency 
Certification is, in the opinion of the Inspector 
General, unreasonably refused or not provided 
in a timely manner, the Inspector General shall 
notify the Board of Directors, the head of that 
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particular United Nations Entity, and the Sec-
retary General of the circumstances in writing, 
without delay. 
(B) NOTICE
OF
COMPLIANCE.—If and 
when the information or assistance being 
sought by the Inspector General in connection 
with a notification pursuant to subparagraph 
(A) is provided to the satisfaction of the Inspec-
tor General, the Inspector General shall so no-
tify in writing the United Nations Entity, the 
Board of Directors, and the Appropriate Con-
gressional Committees. 
(C) NONCOMPLIANCE.—If the information 
or assistance being sought by the Inspector 
General in connection with a notification pursu-
ant to subparagraph (A) is not provided to the 
satisfaction of the Inspector General within 90 
days of that notification, then the United Na-
tions Entity that is the subject of the notifica-
tion is deemed to be noncompliant with its 
Transparency Certification, and the Inspector 
General shall provide prompt, written notifica-
tion of that fact to the Board of Directors, Ap-
propriate Congressional Committees, the head 
of that United Nations Entity, the Secretary 
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General, and any office or agency of the Fed-
eral Government that has provided that United 
Nations Entity with any United States Con-
tribution during the prior 2 years. 
(D) RESTORATION
OF
COMPLIANCE.— 
After the situation has been resolved to the sat-
isfaction of the Board of Directors, a finding of 
Transparency Certification noncompliance pur-
suant to subparagraph (B) may be reversed by 
an affirmative vote of at least 5 of the 7 mem-
bers of the Board of Directors. The Board shall 
promptly provide notification of such restora-
tion, along with a description of the basis for 
the Board’s decision, to the Inspector General, 
Appropriate Congressional Committees, the 
head of the affected United Nations Entity, the 
Secretary General, and the head of any office or 
agency of the Federal Government that has 
provided that United Nations Entity with any 
United States Contribution during the prior 2 
years. 
(E) COST REIMBURSEMENT.—The Inspec-
tor General may reimburse United Nations En-
tities for the reasonable cost of providing to the 
Inspector General information or assistance 
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sought pursuant to a Transparency Certifi-
cation for the purpose of performing the duties 
described in paragraph (6). 
(10) REPORTS.— 
(A) 
AUDIT
AND
INVESTIGATION
RE-
PORTS.—Promptly upon completion, the Inspec-
tor General shall provide copies of each audit 
and investigation report completed pursuant to 
paragraph (6) to the Board of Directors, the 
Appropriate Congressional Committees, and, to 
the extent permissible under United States law, 
the head of each United Nations Entity that is 
the subject of that particular report. 
(B) SEMIANNUAL
REPORTS.—Not later 
than May 30, 2010, and semiannually there-
after, the Inspector General shall submit to the 
Appropriate Congressional Committees a report 
that, among other things— 
(i) meets the requirements of section 
5 of the Inspector General Act of 1978; 
and 
(ii) includes a list of and detailed de-
scription of the circumstances surrounding 
any notification of noncompliance issued 
pursuant to paragraph (9)(C) during the 
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covered timeframe, and whether and when 
Board of Directors has reversed such find-
ing of noncompliance. 
(C) PROHIBITED DISCLOSURES.—Nothing 
in this subsection shall be construed to author-
ize the public disclosure of information that 
is— 
(i) specifically prohibited from disclo-
sure by any other provision of law; 
(ii) specifically required by Executive 
order to be protected from disclosure in 
the interest of national defense or national 
security or in the conduct of foreign af-
fairs; or 
(iii) a part of an ongoing criminal in-
vestigation. 
(D) PRIVACY PROTECTIONS.—The Inspec-
tor General shall exempt from public disclosure 
information received from a United Nations 
Entity or developed during an audit or inves-
tigation that the Inspector General believes— 
(i) constitutes a trade secret or privi-
leged and confidential personal financial 
information; 
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(ii) accuses a particular person of a 
crime; 
(iii) would, if publicly disclosed, con-
stitute a clearly unwarranted invasion of 
personal privacy; and 
(iv) would compromise an ongoing law 
enforcement investigation or judicial trial 
in the United States. 
(E) PUBLICATION.—Subject only to the 
exceptions detailed in subparagraphs (C) and 
(D), the Inspector General shall promptly pub-
lish each report under this subsection on a pub-
licly available and searchable Internet website. 
(d) BOARD OF DIRECTORS.— 
(1) 
ESTABLISHMENT.—The 
Office 
of 
the 
United States Inspector General for Contributions to 
the United Nations System shall have a Board of 
Directors. 
(2) DUTIES.—The Board shall receive informa-
tion and reports of audits and investigations from 
the Office and the Inspector General, provide gen-
eral direction and supervision to the Office and the 
Inspector General, and determine the restoration of 
compliance by any United Nations Entity with its 
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Transparency Certification pursuant to subsection 
(c)(9)(D). 
(3) MEMBERSHIP.—The Board shall consist of 
the Secretary of State (or the Secretary’s designee), 
the Secretary of Labor (or the Secretary’s designee), 
the Secretary of Agriculture (or the Secretary’s des-
ignee), the Secretary of Defense (or the Secretary’s 
designee), the Administrator of the Environmental 
Protection Agency (or the Administrator’s designee), 
the Secretary of the Treasury (or the Secretary’s 
designee), and the Director of the Office of Manage-
ment and Budget (or the Director’s designee). 
(4) CHAIRMANSHIP.—The Board shall be 
chaired by a board member, and the chairmanship 
shall rotate among the member departments and 
agencies on an annual basis. The first chair shall be 
the Director or designee from the Office of Manage-
ment and Budget. 
SEC. 624. TRANSPARENCY FOR UNITED STATES CONTRIBU-
TIONS. 
(a) 
FUNDING
PREREQUISITES.—Notwithstanding 
any other provision of law, no funds made available for 
use as a United States Contribution to any United Na-
tions Entity may be obligated or expended if— 
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(1) the intended United Nations Entity recipi-
ent has not provided to the Inspector General within 
the preceding year a Transparency Certification as 
defined in section l22(4); or 
(2) the intended United Nations Entity recipi-
ent is noncompliant with its Transparency Certifi-
cation as described in section l23(c)(9)(C). 
(b) TREATMENT OF FUNDS WITHHELD FOR NON-
COMPLIANCE.—At the conclusion of each fiscal year, any 
funds that had been appropriated for use as a United 
States Contribution to a United Nations Entity during 
that fiscal year, but could not be obligated or expended 
because of the restrictions of paragraph (1), shall be re-
turned to the United States Treasury, and are not subject 
to reprogramming for any other use. Any such funds re-
turned to the Treasury shall not be considered arrears to 
be repaid to any United Nations Entity. 
(c) PRESIDENTIAL WAIVER.—The President may 
waive the limitations of this subsection with respect to a 
particular United States Contribution to a particular 
United Nations Entity within a single fiscal year if the 
President determines that it is required by the national 
security interests of the United States and provides notifi-
cation and explanation of that determination to the Appro-
priate Congressional Committees. 
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SEC. 625. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated such sums 
as are necessary to carry out the activities of this title, 
provided that such sums be not less than one half of 1 
percent of the total amount of all assessed and voluntary 
contributions of the United States Government to the 
United Nations and United Nations affiliated agencies 
and related bodies during the prior fiscal year, as identi-
fied pursuant to section 1225(b)(3)(E) of the John War-
ner National Defense Authorization Act for Fiscal Year 
2007 (Public Law 109–364). 
Subtitle C—United States Policy at 
the United Nations 
SEC. 631. ANNUAL PUBLICATION. 
The President shall direct the United States Perma-
nent Representative to the United Nations to use the 
voice, vote, and influence of the United States at the 
United Nations to ensure the United Nations publishes 
annually, including on a publicly searchable internet 
website, a list of all United Nations subsidiary bodies and 
their functions, budgets, staff, and contributions, both vol-
untary and assessed, sorted by donor. 
SEC. 632. ANNUAL FINANCIAL DISCLOSURE. 
The President shall direct the United States Perma-
nent Representative to the United Nations to use the 
voice, vote, and influence of the United States at the 
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United Nations to implement a system for the required 
filing of individual annual financial disclosure forms by 
each employee of the United Nations and its specialized 
agencies, programs, and funds at the P–5 level and above, 
which shall be made available to the Office of Internal 
Oversight Services and, upon request, to Member States 
and their public. 
SEC. 633. POLICY WITH RESPECT TO EXPANSION OF THE 
SECURITY COUNCIL. 
It shall be the policy of the United States to use the 
voice, vote, and influence of the United States at the 
United Nations to oppose any proposals on expansion of 
the Security Council if such expansion would— 
(1) diminish the influence of the United States 
on the Security Council; 
(2) include veto rights for any new members of 
the Security Council; or 
(3) undermine the effectiveness of the Security 
Council. 
SEC. 634. ACCESS TO REPORTS AND AUDITS. 
The President shall direct the United States Perma-
nent Representative to the United Nations to use the 
voice, vote, and influence of the United States at the 
United Nations to ensure that Member States may, upon 
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request, have access to all reports and audits completed 
by the Board of External Auditors. 
SEC. 635. WAIVER OF IMMUNITY. 
The President shall direct the United States Perma-
nent Representative to the United Nations to use the 
voice, vote, and influence of the United States at the 
United Nations to ensure that the Secretary General exer-
cises the right and duty of the Secretary General under 
section 20 of the Convention on the Privileges and Immu-
nities of the United Nations to waive the immunity of any 
United Nations official in any case in which such immu-
nity would impede the course of justice. In exercising such 
waiver, the Secretary General is urged to interpret the in-
terests of the United Nations as favoring the investigation 
or prosecution of a United Nations official who is credibly 
under investigation for having committed a serious crimi-
nal offense or who is credibly charged with a serious crimi-
nal offense. 
SEC. 636. TERRORISM AND THE UNITED NATIONS. 
The President shall direct the United States Perma-
nent Representative to the United Nations to use the 
voice, vote, and influence of the United States at the 
United Nations to work toward adoption by the general 
assembly of— 
(1) a definition of terrorism that— 
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(A) builds upon the recommendations of 
the December 2004 report of the High-Level 
Panel on Threats, Challenges, and Change; 
(B) includes as an essential component of 
such definition any action that is intended to 
cause death or serious bodily harm to civilians 
with the purpose of intimidating a population 
or compelling a government or an international 
organization to do, or abstain from doing, any 
act; and 
(C) does not propose a legal or moral 
equivalence between an action described in 
paragraph (1)(B) and measures taken by a gov-
ernment or international organization in self-de-
fense against an action described in paragraph 
(1)(B); and 
(2) a comprehensive convention on terrorism 
that includes the definition described in paragraph 
(1). 
SEC. 637. REPORT ON UNITED NATIONS REFORM. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act and annually for each 
of the next three years, the Secretary shall submit to the 
appropriate congressional committees a report on United 
Nations reform. 
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(b) CONTENTS.—The report required under sub-
section (a) shall describe— 
(1) progress toward the goal of shifting the 
funding for the United Nations Regular Budget to 
a voluntary basis as identified in section l12 above, 
and a detailed description of efforts and activities by 
United States diplomats and officials toward that 
end; 
(2) progress toward each of the policy goals 
identified in the prior sections of this title, and a de-
tailed, goal-specific description of efforts and activi-
ties by United States diplomats and officials toward 
those ends; 
(3) the status of the implementation of manage-
ment reforms within the United Nations and its spe-
cialized agencies; 
(4) the number of outputs, reports, or other 
mandates generated by General Assembly resolutions 
that have been eliminated; 
(5) the progress of the General Assembly to 
modernize and streamline the committee structure 
and its specific recommendations on oversight and 
committee outputs, consistent with the March 2005 
report of the Secretary General entitled ‘‘In larger 
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freedom: towards development, security and human 
rights for all’’; 
(6) the status of the review by the General As-
sembly of all mandates older than 5 years and how 
resources have been redirected to new challenges, 
consistent with such March 2005 report of the Sec-
retary General; 
(7) the continued utility and relevance of the 
Economic and Financial Committee and the Social, 
Humanitarian, and Cultural Committee, in light of 
the duplicative agendas of those committees and the 
Economic and Social Council; and 
(8) whether the United Nations or any of its 
specialized agencies has contracted with any party 
included on the Lists of Parties Excluded from Fed-
eral Procurement and Nonprocurement Programs. 
SEC. 638. REPORT ON UNITED NATIONS PERSONNEL. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act, the Secretary of State 
shall submit to the appropriate congressional committees 
a report— 
(1) concerning the progress of the General As-
sembly to modernize human resource practices, con-
sistent with the March 2005 report of the Secretary 
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100 
General entitled ‘‘In larger freedom: towards devel-
opment, security and human rights for all’’; and 
(2) containing the information described in sub-
section (b). 
(b) CONTENTS.—The report shall include— 
(1) a comprehensive evaluation of human re-
sources reforms at the United Nations, including an 
evaluation of— 
(A) tenure; 
(B) performance reviews; 
(C) the promotion system; 
(D) a merit-based hiring system and en-
hanced regulations concerning termination of 
employment of employees; and 
(E) the implementation of a code of con-
duct and ethics training; 
(2) the implementation of a system of proce-
dures for filing complaints and protective measures 
for work-place harassment, including sexual harass-
ment; 
(3) policy recommendations relating to the es-
tablishment of a rotation requirement for non-
administrative positions; 
(4) policy recommendations relating to the es-
tablishment of a prohibition preventing personnel 
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101 
and officials assigned to the mission of a member 
state to the united nations from transferring to a 
position within the United Nations Secretariat that 
is compensated at the P–5 level and above; 
(5) policy recommendations relating to a reduc-
tion in travel allowances and attendant oversight 
with respect to accommodations and airline flights; 
and 
(6) an evaluation of the recommendations of the 
Secretary General relating to greater flexibility for 
the Secretary General in staffing decisions to accom-
modate changing priorities. 
SEC. 639. WITHHOLDING OF UNITED STATES CONTRIBU-
TIONS TO UNRWA. 
(a) WITHHOLDING.—Contributions by the United 
States to the regular budget of the United Nations Relief 
and Works Agency for Palestine Refugees in the Near 
East (UNRWA), to any successor or related entity, or to 
the regular budget of the United Nations for the support 
of UNRWA or a successor entity (through staff positions 
provided by the United Nations Secretariat, or otherwise), 
may be provided only during a period for which a certifi-
cation described in subsection (b) is in effect. 
(b) CERTIFICATION.—A certification described in this 
paragraph is a written determination by the Secretary, 
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102 
based on all information available after diligent inquiry, 
and transmitted to the Appropriate Congressional Com-
mittees along with a detailed description of the factual 
basis therefor, that— 
(1) no official, employee, consultant, contractor, 
subcontractor, 
representative, 
or 
affiliate 
of 
UNRWA— 
(A) is a member of a foreign terrorist or-
ganization; 
(B) has propagated, disseminated, or in-
cited anti-American, anti-Israel, or anti-Semitic 
rhetoric or propaganda; or 
(C) has used any UNRWA resources, in-
cluding publications or Web sites, to propagate 
or disseminate political materials, including po-
litical rhetoric regarding the Israeli-Palestinian 
conflict; 
(2) no UNRWA school, hospital, clinic, other 
facility, or other infrastructure or resource is being 
used by a foreign terrorist organization for oper-
ations, planning, training, recruitment, fundraising, 
indoctrination, communications, sanctuary, storage 
of weapons or other materials, or any other pur-
poses; 
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103 
(3) UNRWA is subject to comprehensive finan-
cial audits by an internationally recognized third 
party independent auditing firm and has imple-
mented an effective system of vetting and oversight 
to prevent the use, receipt, or diversion of any 
UNRWA resources by any foreign terrorist organiza-
tion or members thereof; 
(4) no UNRWA-funded school or educational 
institution uses textbooks or other educational mate-
rials that propagate or disseminate anti-American, 
anti-Israel, or anti-Semitic rhetoric, propaganda or 
incitement; and 
(5) no recipient of UNRWA funds or loans is 
a member of a foreign terrorist organization. 
(c) DEFINITION.—In this section, the term ‘‘foreign 
terrorist organization’’ means an organization designated 
as a foreign terrorist organization by the Secretary of 
State in accordance with section 219(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1189(a)). 
(d) EFFECTIVE DURATION OF CERTIFICATION.—The 
certification described in subsection (b) shall be effective 
for a period of 180 days from the date of transmission 
to the Appropriate Congressional Committees, or until the 
Secretary receives information rendering that certification 
factually inaccurate, whichever is earliest. In the event 
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104 
that a certification becomes ineffective, the Secretary shall 
promptly transmit to the Appropriate Congressional Com-
mittees a description of any information that precludes the 
renewal or continuation of the certification. 
(e) LIMITATION.—During a period for which a certifi-
cation described in subsection (b) is in effect, the United 
States may not contribute to the United Nations Relief 
and Works Agency for Palestine Refugees in the Near 
East (UNRWA) or a successor entity an annual amount— 
(1) greater than the highest annual contribu-
tion to UNRWA made by a member country of the 
League of Arab States; 
(2) that, as a proportion of the total UNRWA 
budget, exceeds the proportion of the total budget 
for the United Nations High Commissioner for Ref-
ugees (UNHCR) paid by the United States; or 
(3) that exceeds 22 percent of the total budget 
of UNRWA. 
(f) SENSE OF CONGRESS.—It is the sense of Con-
gress that, in order to alleviate the suffering of Palestinian 
refugees, responsibility for those refugees should be fully 
transferred to the Office of the United Nations High Com-
missioner for Refugees. 
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105 
SEC. 640. UNITED NATIONS TREATY BODIES. 
The United States shall withhold from United States 
contributions to the regular assessed budget of the United 
Nations for a biennial period amounts that are propor-
tional to the percentage of such budget that are expended 
with respect to a United Nations human rights treaty 
monitoring body or committee that was established by— 
(1) a convention (without any protocols) or an 
international covenant (without any protocols) to 
which the United States is not party; or 
(2) a convention, with a subsequent protocol, if 
the United States is a party to neither. 
SEC. 641. EQUALITY AT THE UNITED NATIONS. 
(a) DEPARTMENT
OF STATE REVIEW
AND RE-
PORT.— 
(1) IN GENERAL.—To avoid duplicative efforts 
and funding with respect to Palestinian interests 
and to ensure balance in the approach to Israeli-Pal-
estinian issues, the Secretary shall, not later than 
180 days after the date of the enactment of this 
Act— 
(A) complete an audit of the functions of 
the entities listed in paragraph (2); and 
(B) submit to the appropriate congres-
sional committees a report containing audit 
findings and conclusions, and recommendations 
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106 
for the elimination of such duplicative entities 
and efforts. 
(2) ENTITIES.—The entities referred to in 
paragraph (1) are the following: 
(A) The United Nations Division for Pales-
tinian Rights. 
(B) The Committee on the Exercise of the 
Inalienable Rights of the Palestinian People. 
(C) The United Nations Special Coordi-
nator for the Middle East Peace Process and 
Personal Representative to the Palestine Lib-
eration Organization and the Palestinian Au-
thority. 
(D) The NGO Network on the Question of 
Palestine. 
(E) The Special Committee to Investigate 
Israeli Practices Affecting the Human Rights of 
the Palestinian People and Other Arabs of the 
Occupied Territories. 
(F) Any other entity the Secretary deter-
mines results in duplicative efforts or funding 
or fails to ensure balance in the approach to 
Israeli-Palestinian issues. 
(b) IMPLEMENTATION BY PERMANENT REPRESENTA-
TIVE.— 
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107 
(1) IN GENERAL.—The President shall direct 
the United States Permanent Representative to the 
United Nations to use the voice, vote, and influence 
of the United States at the United Nations to seek 
the implementation of the recommendations con-
tained in the report required under subsection 
(a)(1)(B). 
(2) WITHHOLDING OF FUNDS.—Until such rec-
ommendations have been implemented, the United 
States shall withhold from United States contribu-
tions to the regular assessed budget of the United 
Nations for a biennial period amounts that are pro-
portional to the percentage of such budget that are 
expended for such entities. 
(c) GAO AUDIT.—The Comptroller General of the 
United States of the Government Accountability Office 
shall conduct an audit of— 
(1) the status of the implementation of the rec-
ommendations contained in the report required 
under subsection (a)(1)(B); and 
(2) United States actions and achievements 
under subsection (b). 
SEC. 642. ANTI-SEMITISM AND THE UNITED NATIONS. 
The President shall direct the United States perma-
nent representative to the United Nations to use the voice, 
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108 
vote, and influence of the United States at the United Na-
tions to make every effort to— 
(1) ensure the issuance and implementation of 
a directive by the Secretary General or the Secre-
tariat, as appropriate, that— 
(A) requires all employees of the United 
Nations and its specialized agencies to officially 
and publicly condemn anti-Semitic statements 
made at any session of the United Nations or 
its specialized agencies, or at any other session 
sponsored by the United Nations; 
(B) requires employees of the United Na-
tions and its specialized agencies, programs, 
and funds to be subject to punitive action, in-
cluding immediate dismissal, for making anti- 
Semitic statements or references; 
(C) proposes specific recommendations to 
the General Assembly for the establishment of 
mechanisms to hold accountable employees and 
officials of the United Nations and its special-
ized agencies, programs, and funds, or Member 
States, that make such anti-Semitic statements 
or references in any forum of the United Na-
tions or of its specialized agencies; 
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109 
(D) continues to develop and implements 
education awareness programs about the Holo-
caust and anti-Semitism throughout the world, 
as part of an effort to combat intolerance and 
hatred; and 
(E) requires the Office of the United Na-
tions High Commissioner for Human Rights 
(OHCHR) to develop programming and other 
measures that address anti-Semitism; 
(2) secure the adoption of a resolution by the 
General Assembly that establishes the mechanisms 
described in paragraph (1)(C); and 
(3) continue working toward further reduction 
of anti-Semitic language and anti-Israel resolutions 
in the United Nations and its specialized agencies, 
programs, and funds. 
SEC. 643. REGIONAL GROUP INCLUSION OF ISRAEL. 
The President shall direct the United States Perma-
nent Representative to the United Nations to use the 
voice, vote, and influence of the United States at the 
United Nations to expand the Western European and Oth-
ers Group (WEOG) in the United Nations to include 
Israel as a permanent member with full rights and privi-
leges. 
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110 
Subtitle D—United Nations Human 
Rights Council 
SEC. 651. FINDINGS. 
Congress finds the following: 
(1) Since its establishment in 2006, the United 
Nations Human Rights Council has failed to mean-
ingfully promote the protection of internationally 
recognized human rights, and has proven to be even 
more problematic than the United Nations Human 
Rights Commission that it was created to replace. 
(2) The United Nations Human Rights Council 
suffers from significant structural flaws, such as the 
fact that it draws its members from the General As-
sembly without any substantive membership criteria, 
with the perverse result that a number of the world’s 
worst human rights abusers are members of the 
council. 
(3) The structure and composition of the 
United Nations Human Rights Council have made it 
subject to gross political manipulation, with the re-
sult that, during its two and one-half years of oper-
ation, the Council has passed 20 resolutions cen-
suring the democratic state of Israel, as compared to 
only 4 censuring the dictatorship in Burma, just one 
censuring the North Korean regime, and none con-
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111 
demning the severe, ongoing human rights abuses in 
Sudan, China, Cuba, Zimbabwe, Belarus, and else-
where. 
SEC. 652. HUMAN RIGHTS COUNCIL MEMBERSHIP AND 
FUNDING. 
(a) IN GENERAL.—For each fiscal year subsequent 
to the effective date of this Act until the Secretary of State 
submits to Congress a certification that the requirements 
described in subsection (b) have been satisfied— 
(1) the Secretary of State shall withhold from 
a United States contribution each fiscal year to a 
regularly assessed biennial budget of the United Na-
tions an amount that is equal to the percentage of 
such contribution that the Secretary determines 
would be allocated by the United Nations to support 
the United Nations Human Rights Council; 
(2) the Secretary of State shall not make a vol-
untary contribution to the United Nations Human 
Rights Council; and 
(3) the United States shall not run for a seat 
on the United Nations Human Rights Council. 
(b) CERTIFICATION.—The annual certification re-
ferred to in subsection (a) is a certification made by the 
Secretary to Congress that the United Nations Human 
Rights Council does not include a Member State— 
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112 
(1) subject to sanctions by the Security Council; 
(2) under a Security Council-mandated inves-
tigation for human rights abuses; 
(3) subject, within the prior 5 years, to a coun-
try-specific resolution passed under Agenda Item 9 
by the former United Nations Human Rights Com-
mission; 
(4) which the Secretary of State has deter-
mined, for purposes of section 6(j) of the Export Ad-
ministration Act of 1979 (as continued in effect pur-
suant to the International Emergency Economic 
Powers Act), section 40 of the Arms Export Control 
Act, section 620A of the Foreign Assistance Act of 
1961, or other provision of law, is a government that 
has repeatedly provided support for acts of inter-
national terrorism; or 
(5) which the President has designated as a 
country of particular concern for religious freedom 
under section 402(b) of the International Religious 
Freedom Act of 1998. 
Subtitle E—International Atomic 
Energy Agency 
SEC. 661. INTERNATIONAL ATOMIC ENERGY AGENCY. 
(a) ENFORCEMENT AND COMPLIANCE.— 
(1) OFFICE OF COMPLIANCE.— 
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113 
(A) 
ESTABLISHMENT.—The 
President 
shall direct the United States Permanent Rep-
resentative to International Atomic Energy 
Agency (IAEA) to use the voice, vote, and influ-
ence of the United States at the IAEA to estab-
lish an Office of Compliance in the Secretariat 
of the IAEA. 
(B) OPERATION.—The Office of Compli-
ance shall— 
(i) function as an independent body 
composed of technical experts who shall 
work in consultation with IAEA inspectors 
to assess compliance by IAEA Member 
States and provide recommendations to the 
IAEA Board of Governors concerning pen-
alties to be imposed on IAEA Member 
States that fail to fulfill their obligations 
under IAEA Board resolutions; 
(ii) base its assessments and rec-
ommendations on IAEA inspection reports; 
and 
(iii) take into consideration informa-
tion provided by IAEA Board Members 
that are 1 of the 5 nuclear weapons states 
as recognized by the Treaty on the Non- 
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114 
Proliferation of Nuclear Weapons (21 UST 
483) (commonly referred to as the ‘‘Nu-
clear Nonproliferation Treaty’’ or the 
‘‘NPT’’). 
(C) STAFFING.—The Office of Compliance 
shall be staffed from existing personnel in the 
Department of Safeguards of the IAEA or the 
Department of Nuclear Safety and Security of 
the IAEA. 
(2) 
COMMITTEE
ON
SAFEGUARDS
AND 
VERIFICATION.—The President shall direct the 
United States Permanent Representative to the 
IAEA to use the voice, vote, and influence of the 
United States at the IAEA to ensure that the Com-
mittee on Safeguards and Verification established in 
2005 shall develop and seek to put into force a 
workplan of concrete measures that will— 
(A) improve the ability of the IAEA to 
monitor and enforce compliance by Member 
States of the IAEA with the Nuclear Non-
proliferation Treaty and the Statute of the 
International Atomic Energy Agency; and 
(B) enhance the ability of the IAEA, be-
yond the verification mechanisms and authori-
ties contained in the Additional Protocol to the 
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115 
Safeguards Agreements between the IAEA and 
Member States of the IAEA, to detect with a 
high degree of confidence undeclared nuclear 
activities by a Member State. 
(3) PENALTIES WITH RESPECT TO THE IAEA.— 
(A) IN GENERAL.—The President shall di-
rect the United States Permanent Representa-
tive to the IAEA to use the voice, vote, and in-
fluence of the United States at the IAEA to en-
sure that a Member State of the IAEA that is 
under investigation for a breach of or non-
compliance with its IAEA obligations or the 
purposes and principles of the Charter of the 
United Nations has its privileges suspended, in-
cluding— 
(i) limiting its ability to vote on its 
case; 
(ii) being prevented from receiving 
any technical assistance; and 
(iii) being prevented from hosting 
meetings. 
(B) TERMINATION
OF
PENALTIES.—The 
penalties specified under subparagraph (A) 
shall be terminated when such investigation is 
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116 
concluded and such Member State is no longer 
in such breach or noncompliance. 
(4) PENALTIES
WITH
RESPECT
TO
THE
NU-
CLEAR
NONPROLIFERATION
TREATY.—The Presi-
dent shall direct the United States Permanent Rep-
resentative to the IAEA to use the voice, vote, and 
influence of the United States at the IAEA to en-
sure that a Member State of the IAEA that is found 
to be in breach of, in noncompliance with, or has 
withdrawn from the Nuclear Nonproliferation Treaty 
shall return to the IAEA all nuclear materials and 
technology received from the IAEA, any Member 
State of the IAEA, or any Member State of the Nu-
clear Nonproliferation Treaty. 
(b) UNITED STATES CONTRIBUTIONS.— 
(1) VOLUNTARY
CONTRIBUTIONS.—Voluntary 
contributions of the United States to the IAEA 
should primarily be used to fund activities relating 
to Nuclear Safety and Security or activities relating 
to Nuclear Verification. 
(2) LIMITATION
ON
USE
OF
FUNDS.—The 
President shall direct the United States Permanent 
Representative to the IAEA to use the voice, vote, 
and influence of the United States at the IAEA to— 
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117 
(A) ensure that funds for safeguards in-
spections are prioritized for countries that have 
newly established nuclear programs or are initi-
ating nuclear programs; and 
(B) block the allocation of funds for any 
other IAEA development, environmental, or nu-
clear science assistance or activity to a coun-
try— 
(i) the government of which the Sec-
retary of State has determined, for pur-
poses of section 6(j) of the Export Admin-
istration Act of 1979, section 620A of the 
Foreign Assistance Act of 1961, section 40 
of the Arms Export Control Act, or other 
provision of law, is a government that has 
repeatedly provided support for acts of 
international terrorism and the government 
of which the Secretary has determined has 
not dismantled and surrendered its weap-
ons of mass destruction programs under 
international verification; 
(ii) that is under investigation for a 
breach of or noncompliance with its IAEA 
obligations or the purposes and principles 
of the Charter of the United Nations; or 
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118 
(iii) that is in violation of its IAEA 
obligations or the purposes and principles 
of the Charter of the United Nations. 
(3) DETAIL
OF
EXPENDITURES.—The Presi-
dent shall direct the United States Permanent Rep-
resentative to the IAEA to use the voice, vote, and 
influence of the United States at the IAEA to se-
cure, as part of the regular budget presentation of 
the IAEA to Member States of the IAEA, a detailed 
breakdown by country of expenditures of the IAEA 
for safeguards inspections and nuclear security ac-
tivities. 
(c) MEMBERSHIP.— 
(1) IN GENERAL.—The President shall direct 
the United States Permanent Representative to the 
IAEA to use the voice, vote, and influence of the 
United States at the IAEA to block the membership 
on the Board of Governors of the IAEA for a Mem-
ber State of the IAEA that has not signed and rati-
fied the Additional Protocol and— 
(A) is under investigation for a breach of 
or noncompliance with its IAEA obligations or 
the purposes and principles of the Charter of 
the United Nations; or 
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119 
(B) that is in violation of its IAEA obliga-
tions or the purposes and principles of the 
Charter of the United Nations. 
(2) CRITERIA.—The United States Permanent 
Representative to the IAEA shall make every effort 
to modify the criteria for Board membership to re-
flect the principles described in paragraph (1). 
(d) SMALL QUANTITIES PROTOCOL.—The President 
shall direct the United States Permanent Representative 
to the IAEA to use the voice, vote, and influence of the 
United States at the IAEA to make every effort to ensure 
that the IAEA changes the policy regarding the Small 
Quantities Protocol in order to— 
(1) rescind and eliminate the Small Quantities 
Protocol; 
(2) require that any IAEA Member State that 
has previously signed a Small Quantities Protocol to 
sign, ratify, and implement the Additional Protocol, 
provide immediate access for IAEA inspectors to its 
nuclear-related facilities, and agree to the strongest 
inspections regime of its nuclear efforts; and 
(3) require that any IAEA Member State that 
does not comply with paragraph (2) to be ineligible 
to receive nuclear material, technology, equipment, 
or assistance from any IAEA Member State and 
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120 
subject to the penalties described in subsection 
(a)(3). 
(e) NUCLEAR PROGRAM OF IRAN.— 
(1) UNITED
STATES
ACTION.—The President 
shall direct the United States Permanent Represent-
ative to the IAEA to use the voice, vote, and influ-
ence of the United States at the IAEA to make 
every effort to ensure the adoption of a resolution by 
the IAEA Board of Governors that, in addition to 
the restrictions already imposed, makes Iran ineli-
gible to receive any nuclear material, technology, 
equipment, or assistance from any IAEA Member 
State and ineligible for any IAEA assistance not re-
lated to safeguards inspections or nuclear security 
until the IAEA Board of Governors determines that 
Iran— 
(A) is providing full access to IAEA in-
spectors to its nuclear-related facilities; 
(B) has fully implemented and is in com-
pliance with the Additional Protocol; and 
(C) has permanently ceased and disman-
tled all activities and programs related to nu-
clear-enrichment and reprocessing. 
(2) PENALTIES.—If an IAEA Member State is 
determined to have violated the prohibition on as-
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121 
sistance to Iran described in paragraph (1) before 
the IAEA Board of Governors determines that Iran 
has satisfied the conditions described in subpara-
graphs (A) through (C) of such paragraph, such 
Member State shall be subject to the penalties de-
scribed in subsection (a)(3), shall be ineligible to re-
ceive nuclear material, technology, equipment, or as-
sistance from any IAEA Member State, and shall be 
ineligible to receive any IAEA assistance not related 
to safeguards inspections or nuclear security until 
such time as the IAEA Board of Governors makes 
such determination with respect to Iran. 
(f) REPORT.—Not later than 6 months after the date 
of the enactment of this Act and annually for 2 years 
thereafter, the President shall submit to the appropriate 
congressional committees a report on the implementation 
of this section. 
SEC. 662. SENSE OF CONGRESS REGARDING THE NUCLEAR 
SECURITY ACTION PLAN OF THE IAEA. 
It is the sense of Congress that the national security 
interests of the United States are enhanced by the Nuclear 
Security Action Plan of the IAEA and the Board of Gov-
ernors should recommend, and the General Conference 
should adopt, a resolution incorporating the Nuclear Secu-
rity Action Plan into the regular budget of the IAEA. 
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122 
Subtitle F—Peacekeeping 
SEC. 671. REFORM OF UNITED NATIONS PEACEKEEPING 
OPERATIONS. 
It is the sense of Congress that— 
(1) although United Nations peacekeeping oper-
ations have contributed greatly toward the pro-
motion of peace and stability for nearly 6 decades 
and the majority of peacekeeping personnel who 
have served under the United Nations flag have 
done so with honor and courage, the record of 
United Nations peacekeeping has been severely tar-
nished by operational failures and unconscionable 
acts of misconduct; 
(2) in response to such failures, in 2000 and 
2005, respectively, the Secretary General charged 
the high-level Panel on United Nations Peace Oper-
ations, led by former Foreign Minister of Algeria 
Lakhdar Brahimi, and his Special Advisor on the 
Prevention of Sexual Exploitation and Abuse, His 
Royal Highness Prince Zeid Ra’ad Zeid Al-Hussein 
of Jordan, to provide honest assessments of the 
United Nations’ shortcomings and make rec-
ommendations that would help restore the con-
fidence of the international community in United 
Nations peacekeeping operations; 
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123 
(3) audits of procurement practices in the De-
partment of Peacekeeping Operations, conducted by 
the Office of Internal Oversight Services, also have 
uncovered ‘‘significant’’ corruption schemes, includ-
ing a 2007 audit of peacekeeping contracts valued at 
$1.4 billion, of which more than $614 million, or 44 
percent, were subject to corruption; 
(4) despite the fact that the United Nations has 
had more than eight years to implement the reforms 
contained in the Brahimi Report, nearly four years 
to implement the reforms in the Zeid Report, and 
the fact that Secretary General Ban Ki-Moon, his 
predecessor Kofi Annan, and the Special Committee 
on Peacekeeping Operations repeatedly have ex-
pressed their commitment ‘‘to implementing funda-
mental, systematic changes as a matter of urgency’’, 
a number of critical reforms continue to be blocked 
or delayed by Members States who arguably benefit 
from maintenance of the status quo; and 
(5) if the reputation of and confidence in 
United Nations peacekeeping operations is to be re-
stored, fundamental and far-reaching reforms, par-
ticularly in the areas of planning, management, pro-
curement, training, conduct, and discipline, must be 
implemented without further delay. 
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124 
SEC. 672. POLICY RELATING TO REFORM OF UNITED NA-
TIONS PEACEKEEPING OPERATIONS. 
It shall be the policy of the United States to pursue 
reform of United Nations peacekeeping operations in the 
following areas: 
(1) PLANNING AND MANAGEMENT.— 
(A) GLOBAL
AUDIT.—As the size, cost, 
and number of United Nations peacekeeping 
operations have increased substantially over the 
past decade, an independent audit of each such 
operation, with a view toward ‘‘right-sizing’’ op-
erations and ensuring that such operations are 
cost effective, should be conducted and its find-
ings reported to the Security Council. 
(B) 
PROCUREMENT
AND
TRANS-
PARENCY.—A modern logistics system and 
transparent, streamlined procurement proce-
dures should be established within the United 
Nations Department of Field Support to ensure 
that all peacekeeping missions are resourced ap-
propriately and in a timely fashion while indi-
vidual accountability for waste, fraud and abuse 
within United Nations peacekeeping missions is 
established and uniformly enforced. 
(C) REVIEW OF MANDATES AND CLOSING 
OPERATIONS.—In conjunction with the audit 
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125 
described in subparagraph (A), the United Na-
tions Department of Peacekeeping Operations 
should conduct a comprehensive review of all 
United Nations peacekeeping operation man-
dates, with a view toward identifying objectives 
that are practical and achievable, and report its 
findings to the Security Council. In particular, 
the review should consider the following: 
(i) Except in extraordinary cases, in-
cluding genocide, the United Nations De-
partment 
of 
Peacekeeping 
Operations 
should not be tasked with activities that 
are impractical or unachievable without the 
cooperation 
of 
the 
Member 
State(s) 
hosting a United Nations peacekeeping op-
eration, or which amount to de-facto 
Trusteeship outside of the procedures es-
tablished for such under chapter XII of the 
United Nations Charter, thereby creating 
unrealistic expectations and obfuscating 
the primary responsibility of the Member 
States themselves in creating and main-
taining conditions for peace. 
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126 
(ii) Long-standing operations that are 
static and cannot fulfill their mandate 
should be downsized or closed. 
(iii) Where there is legitimate concern 
that the withdrawal from a country of an 
otherwise static United Nations peace-
keeping operation would result in the re-
sumption of major conflict, a burden-shar-
ing arrangement that reduces the level of 
assessed contributions, similar to that cur-
rently supporting the United Nations 
Peacekeeping Force in Cyprus, should be 
explored and instituted. 
(D) LEADERSHIP.—As peacekeeping oper-
ations become larger and increasingly complex, 
the Secretariat should adopt a minimum stand-
ard of qualifications for senior leaders and 
managers, with particular emphasis on specific 
skills and experience, and current senior leaders 
and managers who do not meet those standards 
should be removed. 
(E) PRE-DEPLOYMENT TRAINING.—Pre-de-
ployment training on interpretation of the man-
date of the operation, specifically in the areas 
of use of force, civilian protection and field con-
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127 
ditions, the Code of Conduct, HIV/AIDS, and 
human rights should be mandatory, and all per-
sonnel, regardless of category or rank, should 
be required to sign an oath that each has re-
ceived and understands such training as a con-
dition of participation in the operation. 
(F) GRATIS MILITARY PERSONNEL.—The 
General Assembly should seek to strengthen the 
capacity the United Nations Department of 
Peacekeeping Operations and ease the extraor-
dinary burden currently placed upon the limited 
number of headquarters staff by lifting restric-
tions on the utilization of gratis military per-
sonnel by the Department so that the Depart-
ment may accept secondments from Member 
States of military personnel with expertise in 
mission planning, logistics, and other oper-
ational specialties. 
(2) CONDUCT AND DISCIPLINE.— 
(A) ADOPTION OF A UNIFORM CODE OF 
CONDUCT.—A single, uniform Code of Conduct 
that has the status of a binding rule and ap-
plies equally to all personnel serving in United 
Nations peacekeeping operations, regardless of 
category or rank, including military personnel, 
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128 
should be adopted and incorporated into legal 
documents governing participation in such an 
operation, including all contracts and Memoran-
dums of Understanding, promulgated and effec-
tively enforced. 
(B) UNDERSTANDING THE CODE OF CON-
DUCT.—All personnel, regardless of category or 
rank, should receive training on the Code of 
Conduct prior to deployment with a peace-
keeping operation, in addition to periodic fol-
low-on training. In particular— 
(i) all personnel, regardless of cat-
egory or rank, should be provided with a 
personal copy of the Code of Conduct that 
has been translated into the national lan-
guage of such personnel, regardless of 
whether such language is an official lan-
guage of the United Nations; 
(ii) all personnel, regardless of cat-
egory or rank, should sign an oath that 
each has received a copy of the Code of 
Conduct, that each pledges to abide by the 
Code of Conduct, and that each under-
stands the consequences of violating the 
Code of Conduct, including immediate ter-
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129 
mination of participation in and permanent 
exclusion from all current and future 
peacekeeping operations , as well as the as-
sumption of personal liability for victims 
compensation, as a condition of appoint-
ment to any such operation; and 
(iii) peacekeeping operations should 
conduct educational outreach programs to 
reach local communities where peace-
keeping personnel of such operations are 
based, including explaining prohibited acts 
on the part of United Nations peace-
keeping personnel and identifying the indi-
vidual to whom the local population may 
direct complaints or file allegations of ex-
ploitation, abuse, or other acts of mis-
conduct. 
(C) 
MONITORING
MECHANISMS.—Dedi-
cated monitoring mechanisms, such as the Con-
duct and Discipline Units already deployed to 
support United Nations peacekeeping oper-
ations in Haiti, Sudan, Kosovo, Burundi, Libe-
ria, Lebanon, Timor Leste, Cote d’Ivoire, West-
ern Sahara, and the Democratic Republic of 
Congo, should be present in each operation to 
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130 
monitor compliance with the Code of Conduct, 
and— 
(i) should report simultaneously to the 
Head of Mission, the United Nations De-
partment of Peacekeeping Operations, and 
the Associate Director of OIOS for Peace-
keeping Operations (established under sec-
tion 1114(b)(9)); and 
(ii) should be tasked with designing 
and implementing mission-specific meas-
ures to prevent misconduct, conduct follow- 
on training for personnel, coordinate com-
munity outreach programs, and assist in 
investigations, as OIOS determines nec-
essary and appropriate. 
(D) INVESTIGATIONS.—A permanent, pro-
fessional, and independent investigative body 
should be established and introduced into 
United Nations peacekeeping operations. In 
particular— 
(i) the investigative body should in-
clude professionals with experience in in-
vestigating sex crimes and the illegal ex-
ploitation of resources, as appropriate, as 
well as experts who can provide guidance 
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131 
on standards of proof and evidentiary re-
quirements necessary for any subsequent 
legal action; 
(ii) provisions should be included in 
all Memorandums of Understanding, in-
cluding a Model Memorandum of Under-
standing, that obligate Member States that 
contribute troops to a peacekeeping oper-
ation to designate a military prosecutor 
who will participate in any investigation 
into credible allegations of misconduct 
brought against an individual of such 
Member State, so that evidence is collected 
and preserved in a manner consistent with 
the military law of such Member State; 
(iii) the investigative body should be 
regionally based to ensure rapid deploy-
ment and should be equipped with modern 
forensics equipment for the purpose of 
positively identifying perpetrators and, 
where necessary, for determining paternity; 
and 
(iv) the investigative body should re-
port directly to the Associate Director of 
OIOS for Peacekeeping Operations, while 
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132 
providing copies of any reports to the De-
partment of Peacekeeping Operations, the 
Head of Mission, and the Member State 
concerned. 
(E) FOLLOW-UP.—The Conduct and Dis-
cipline Team in the headquarters of the United 
Nations Department of Peacekeeping Oper-
ations 
should 
be 
appropriately 
staffed, 
resourced, and tasked with— 
(i) promulgating measures to prevent 
misconduct; 
(ii) receiving reports by field per-
sonnel and coordinating the Department’s 
response to allegations of misconduct; 
(iii) gathering follow-up information 
on completed investigations, particularly by 
focusing on disciplinary actions against the 
individual concerned taken by the United 
Nations or by the Member State that is 
contributing troops to which such indi-
vidual belongs, and sharing such informa-
tion with the Security Council, the Head of 
Mission, and the community hosting the 
peacekeeping operation; and 
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133 
(iv) contributing pertinent data on 
conduct and discipline to the data base re-
quired pursuant to subparagraph (H). 
(F) FINANCIAL
LIABILITY
AND
VICTIMS 
ASSISTANCE.—Although 
peacekeeping 
oper-
ations should provide immediate medical assist-
ance to victims of sexual abuse or exploitation, 
the responsibility for providing longer-term 
treatment, care, or restitution lies solely with 
the individual found guilty of the misconduct. 
In particular, the following reforms should be 
implemented: 
(i) The United Nations should not as-
sume responsibility for providing long-term 
treatment or compensation by creating a 
‘‘Victims Trust Fund’’, or any other such 
similar fund, financed through assessed 
contributions to United Nations peace-
keeping operations, thereby shielding indi-
viduals from personal liability and rein-
forcing an atmosphere of impunity. 
(ii) If an individual responsible for 
misconduct has been repatriated, reas-
signed, redeployed, or is otherwise unable 
to provide assistance, responsibility for 
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134 
providing assistance to a victim should be 
assigned to the Member State that contrib-
uted the contingent to which such indi-
vidual belonged or to the manager con-
cerned. 
(iii) In the case of misconduct by a 
member of a military contingent, appro-
priate funds shall be withheld from the 
troop contributing country concerned. 
(iv) In the case of misconduct by a ci-
vilian employee or contractor of the United 
Nations, appropriate wages shall be gar-
nished from such individual or fines shall 
be imposed against such individual, con-
sistent with existing United Nations Staff 
Rules, and retirement funds shall not be 
shielded from liability. 
(G) MANAGERS AND COMMANDERS.—The 
manner in which managers and commanders 
handle cases of misconduct by those serving 
under them should be included in their indi-
vidual performance evaluations, so that man-
agers and commanders who take decisive action 
to deter and address misconduct are rewarded, 
while those who create a permissive environ-
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135 
ment or impede investigations are penalized or 
relieved of duty, as appropriate. 
(H) DATA BASE.—A centralized data base, 
including personnel photos and fingerprints, 
should be created and maintained within the 
United Nations Department of Peacekeeping 
Operations, the Office of Field Support, and 
other relevant United Nations bodies without 
further delay to track cases of misconduct, in-
cluding the outcome of investigations and sub-
sequent prosecutions, to ensure that personnel 
who have engaged in misconduct or other crimi-
nal activities, regardless of category or rank, 
are permanently barred from participation in 
future peacekeeping operations. 
(I) COOPERATION OF MEMBER STATES.— 
If a Member State routinely refuses to cooper-
ate with the directives contained herein or acts 
to shield its nationals from personal liability, 
that Member State should be barred from con-
tributing troops or personnel to future peace-
keeping operations. 
(J) WELFARE.—Peacekeeping operations 
should continue to seek to maintain a minimum 
standard of welfare for mission personnel to 
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136 
ameliorate conditions of service, while adjust-
ments are made to the discretionary welfare 
payments currently provided to Member States 
that contribute troops to offset the cost of oper-
ation-provided recreational facilities, as nec-
essary and appropriate. 
SEC. 673. CERTIFICATION. 
(a) NEW
OR EXPANDED PEACEKEEPING OPER-
ATIONS
CONTINGENT
UPON
PRESIDENTIAL
CERTIFI-
CATION OF PEACEKEEPING OPERATIONS REFORMS.— 
(1) NO NEW OR EXPANDED PEACEKEEPING OP-
ERATIONS.— 
(A) CERTIFICATION.—Except as provided 
in subparagraph (B), until the Secretary of 
State certifies that the requirements described 
in paragraph (2) have been satisfied, the Presi-
dent shall direct the United States Permanent 
Representative to the United Nations to use the 
voice, vote, and influence of the United States 
at the United Nations to oppose the creation of 
new, or expansion of existing, United Nations 
peacekeeping operations. 
(B) EXCEPTION AND NOTIFICATION.—The 
requirements described under paragraph (2) 
may be waived with respect to a particular 
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137 
peacekeeping operation if the President deter-
mines that failure to deploy new or additional 
peacekeepers in such situation will significantly 
contribute to the widespread loss of human life, 
genocide, or the endangerment of a vital na-
tional security interest of the United States. If 
the President makes such a determination, the 
President shall, not later than 15 days before 
the exercise of such waiver, notify the appro-
priate congressional committees of such deter-
mination and resulting waiver. 
(2) CERTIFICATION OF PEACEKEEPING OPER-
ATIONS REFORMS.—The certification referred to in 
paragraph (1) is a certification made by the Sec-
retary to the appropriate congressional committees 
that the following reforms, or an equivalent set of 
reforms, related to peacekeeping operations have 
been adopted by the United Nations Department of 
Peacekeeping Operations or the General Assembly, 
as appropriate: 
(A) A single, uniform Code of Conduct 
that has the status of a binding rule and ap-
plies equally to all personnel serving in United 
Nations peacekeeping operations, regardless of 
category or rank, has been adopted by the Gen-
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138 
eral Assembly and duly incorporated into all 
contracts and a Model Memorandum of Under-
standing, and mechanisms have been estab-
lished for training such personnel concerning 
the requirements of the Code and enforcement 
of the Code. 
(B) All personnel, regardless of category or 
rank, serving in a peacekeeping operation have 
been trained concerning the requirements of the 
Code of Conduct and each has been given a per-
sonal copy of the Code, translated into the na-
tional language of such personnel. 
(C) All personnel, regardless of category or 
rank, are required to sign an oath that each has 
received a copy of the Code of Conduct, that 
each pledges to abide by the Code, and that 
each understands the consequences of violating 
the Code, including immediate termination of 
participation in and permanent exclusion from 
all current and future peacekeeping operations, 
as well as the assumption of personal liability 
for victims compensation as a condition of the 
appointment to such operation. 
(D) All peacekeeping operations have de-
signed and implemented educational outreach 
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139 
programs to reach local communities where 
peacekeeping personnel of such operations are 
based to explain prohibited acts on the part of 
United Nations peacekeeping personnel and to 
identify the individual to whom the local popu-
lation may direct complaints or file allegations 
of exploitation, abuse, or other acts of mis-
conduct. 
(E) The creation of a centralized data 
base, including personnel photos and finger-
prints, has been completed and is being main-
tained in the United Nations Department of 
Peacekeeping Operations that tracks cases of 
misconduct, including the outcomes of inves-
tigations and subsequent prosecutions, to en-
sure that personnel, regardless of category or 
rank, who have engaged in misconduct or other 
criminal activities are permanently barred from 
participation in future peacekeeping operations. 
(F) A Model Memorandum of Under-
standing between the United Nations and each 
Member State that contributes troops to a 
peacekeeping operation has been adopted by the 
United Nations Department of Peacekeeping 
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140 
Operations that specifically obligates each such 
Member State to— 
(i) uphold the uniform Code of Con-
duct which shall apply equally to all per-
sonnel serving in United Nations peace-
keeping operations, regardless of category 
or rank; 
(ii) designate a competent legal au-
thority, preferably a prosecutor with exper-
tise in the area of sexual exploitation and 
abuse where appropriate, to participate in 
any investigation into an allegation of mis-
conduct brought against an individual of 
such Member State; 
(iii) refer to its competent national or 
military authority for possible prosecution, 
if warranted, any investigation of a viola-
tion of the Code of Conduct or other crimi-
nal activity by an individual of such Mem-
ber State; 
(iv) report to the Department of 
Peacekeeping Operations on the outcome 
of any such investigation; 
(v) undertake to conduct on-site court 
martial proceedings, where practical and 
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141 
appropriate, relating to allegations of mis-
conduct alleged against an individual of 
such Member State; and 
(vi) assume responsibility for the pro-
vision of appropriate assistance to a victim 
of misconduct committed by an individual 
of such Member State. 
(G) A professional and independent inves-
tigative and audit function has been established 
within the United Nations Department of 
Peacekeeping Operations and the OIOS to mon-
itor United Nations peacekeeping operations. 
TITLE 
VII—WESTERN 
HEMI-
SPHERE 
COUNTERTER-
RORISM AND NONPROLIFERA-
TION ACT OF 2009 
SEC. 701. SHORT TITLE; DEFINITIONS. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Western 
Hemisphere 
Counterterrorism 
and 
Non-
proliferation Act of 2009’’. 
(b) DEFINITIONS.—In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means— 
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142 
(A) the Committee on Foreign Affairs and 
the Committee on Homeland Security of the 
House of Representatives; and 
(B) the Committee on Foreign Relations 
and the Committee on Homeland Security and 
Governmental Affairs of the Senate. 
(2) 
NONHUMANITARIAN
ASSISTANCE.—The 
term ‘‘nonhumanitarian assistance’’ means— 
(A) any assistance under the Foreign As-
sistance Act of 1961 (including programs under 
title IV of chapter 2 of part I of such Act, re-
lating to the Overseas Private Investment Cor-
poration), other than— 
(i) disaster relief assistance, including 
any assistance under chapter 9 of part I of 
such Act; 
(ii) assistance which involves the pro-
vision of food (including monetization of 
food) or medicine; and 
(iii) assistance for refugees; 
(B) sales, or financing on any terms, under 
the Arms Export Control Act; and 
(C) financing under the Export-Import 
Bank Act of 1945. 
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143 
(3) STATE SPONSOR OF TERRORISM.—The term 
‘‘state sponsor of terrorism’’ means a country the 
government of which has been determined by the 
Secretary of State, for purposes of section 6(j) of 
the Export Administration Act of 1979, section 
620A of the Foreign Assistance Act of 1961, section 
40 of the Arms Export Control Act, or other provi-
sion of law, is a government that has repeatedly pro-
vided support for acts of international terrorism. 
Subtitle A—Counterterrorism in 
the Western Hemisphere 
SEC. 711. STATEMENT OF POLICY REGARDING REGIONAL 
EFFORTS TO COUNTER TERRORISM IN THE 
WESTERN HEMISPHERE. 
To enhance the security of the Western Hemisphere 
and bolster regional capacity to counter terrorism, it shall 
be the policy of the United States to promote the signing, 
ratification, and implementation by all countries in the 
Western Hemisphere of the following: 
(1) OAS AG/RES. 1840 (XXXII–O/02) Inter- 
American Convention Against Terrorism. 
(2) Financial Action Task Force (FATF) 40 
Recommendations on Money Laundering (ML) and 
9 Special Recommendations (SR) on Terrorist Fi-
nancing (TF). 
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(3) The 1963 ICAO Convention on Offences 
and Certain Other Acts Committed on Board Air-
craft. 
(4) The 1970 ICAO Convention for the Sup-
pression of Unlawful Seizure of Aircraft. 
(5) The 1971 ICAO Convention for the Sup-
pression of Unlawful Acts Against the Safety of Civil 
Aviation. 
(6) The 1973 United Nations Convention on 
the Prevention and Punishment of Crimes Against 
Internationally Protected Person, including Diplo-
matic Agents. 
(7) The 1979 United Nations International 
Convention Against the Taking of Hostages. 
(8) The 1988 ICAO Protocol for the Suppres-
sion of Unlawful Acts of Violence at Airports Serv-
ing International Civil Aviation, Supplementary to 
the Convention for the Suppression of Unlawful Acts 
Against the Safety of Civil Aviation. 
(9) The 1988 IMO Convention for the Suppres-
sion of Unlawful Acts against the Safety of Mari-
time Navigation. 
(10) The 1988 IMO Protocol for the Suppres-
sion of Unlawful Acts against the Safety of Fixed 
Platforms Located on the Continental Shelf. 
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(11) The 1991 ICAO Convention on the Mark-
ing of Plastic Explosives for the Purpose of Detec-
tion. 
(12) The 1997 United Nations International 
Convention for the Suppression of Terrorist Bomb-
ings. 
(13) The 1999 United Nations International 
Convention for the Suppression of the Financing of 
Terrorism. 
(14) The 2001 United Nations S/Res/1373 Cre-
ation of Counter Terrorism Committee (CTC). 
(15) The 2005 United Nations S/Res/1624 Pro-
hibition of incitement to commit terrorist act or 
acts. 
SEC. 712. AMENDMENTS TO ANNUAL COUNTRY REPORTS 
ON TERRORISM. 
Section 140(b) of the Foreign Relations Authoriza-
tion Act, Fiscal Years 1988 and 1989 (22 U.S.C. 
2656f(b)) is amended— 
(1) in paragraph (4)(D), by striking ‘‘and’’ at 
the end; 
(2) in paragraph (5), by striking the period at 
the end and inserting ‘‘; and’’; 
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(3) by redesignating the second paragraph (3) 
and the second paragraph (4) as paragraphs (6) and 
(7), respectively; 
(4) in paragraph (6), as so redesignated, by 
striking ‘‘and’’ at the end; 
(5) in paragraph (7), as so redesignated, by 
striking the period at the end; and 
(6) by adding after such paragraph (7) the fol-
lowing new paragraphs: 
‘‘(8) a comprehensive assessment of all United 
States assistance available to combat terrorism in 
each country that is a subject of such report; and 
‘‘(9) with respect to countries in the Western 
Hemisphere that are the subjects of such report, the 
level in each such country of threat posed by radical 
Islamist terrorism.’’. 
SEC. 713. AMENDMENTS TO ANNUAL DETERMINATION PRO-
CEDURES. 
Section 706 of the Foreign Relations Authorization 
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 
2291j–1) is amended— 
(1) in paragraph (2)— 
(A) in subparagraph (A)(ii); by striking 
‘‘and’’ at the end; 
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(B) by redesignating subparagraph (B) as 
subparagraph (C); 
(C) by inserting after subparagraph (A) 
the following new subparagraph: 
‘‘(B) designate each country, if any, identi-
fied in such report in which a link has been de-
termined to exist between illicit drug trafficking 
and a designated foreign terrorist organization 
and that has failed demonstrably, during the 
previous 12 months, to make substantial ef-
forts— 
‘‘(i) to adhere to its obligations under 
international counterterrorism agreements; 
and 
‘‘(ii) to implement effective counter-
terrorism measures, including action on 
such issues as the rule of law, denying safe 
haven to terrorists, financing and money 
laundering, and law enforcement; and’’; 
and 
(D) in subparagraph (C), as so redesig-
nated, by inserting before the period at the end 
the following: ‘‘under subparagraph (A) or 
(B)’’; 
(2) in paragraph (3)— 
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(A) in subparagraph (A), by striking ‘‘or’’ 
at the end; 
(B) in subparagraph (B)(ii), by striking 
the period at the end and inserting ‘‘; or’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(C) subsequent to the designation being 
made under paragraph (2)(B), the country has 
made substantial efforts— 
‘‘(i) to adhere to its obligations under 
international counterterrorism agreements; 
and 
‘‘(ii) to implement effective counter-
terrorism measures, including action on 
such issues as the rule of law, denying safe 
haven to terrorists, financing and money 
laundering, and law enforcement.’’; 
(3) by redesignating paragraph (8) as para-
graph (9); and 
(4) by inserting after paragraph (7) the fol-
lowing new paragraph: 
‘‘(8) BILATERAL AGREEMENTS.—If a country 
designated under subparagraphs (A) and (B) of 
paragraph (2) does not receive a determination 
under subparagraphs (B) or (C) of paragraph (3), 
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the Secretary of State shall negotiate with such 
country a bilateral agreement describing actions to 
be taken by the United States and such country to 
satisfy such determinations during the one year pe-
riod following such a designation. Such a bilateral 
agreement should include a needs assessment, a bi-
lateral action plan, the provision of United States 
training and assistance, the use of International 
Law Enforcement Academy facilities in the region, 
and an exchange of model laws and best practices.’’. 
SEC. 714. AMENDMENT TO INTERNATIONAL NARCOTICS 
CONTROL STRATEGY REPORT. 
Section 489(a) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2291h(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(9) A separate section that contains informa-
tion relating to any links between illicit narcotics 
trafficking or money laundering and terrorists, ter-
rorist acts, or designated foreign terrorist organiza-
tions (as such term is used in section 219 of the Im-
migration and Nationality Act (8 U.S.C. 1189)), 
and any actions taken by the United States Govern-
ment or foreign government to address such links.’’. 
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150 
SEC. 715. UNITED STATES EFFORTS IN THE WESTERN 
HEMISPHERE. 
(a) DETERMINATION.—For any country in the West-
ern Hemisphere that the President has determined— 
(1) is engaged in military cooperation with a 
state sponsor of terrorism, 
(2) is engaged in nonmarket-based trade with a 
state sponsor of terrorism, 
(3) is carrying out policies that threaten United 
States national security interests, or 
(4) is not fully cooperating with United States 
counterterrorism or nonproliferation efforts, 
the President is authorized to impose any of the sanctions 
described in subsection (b). 
(b) SANCTIONS.—For any country in the Western 
Hemisphere with respect to which the President has made 
a determination in accordance with subsection (a), the 
President is authorized to— 
(1) suspend United States nonhumanitarian 
foreign assistance to the government of that country; 
and 
(2) prohibit the sale, provision, or transfer of 
articles, including the issuance of any specific license 
or grant of any other specific permission or author-
ity to export any goods or technology under— 
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151 
(A) the Export Administration Act of 
1979; 
(B) the Arms Export Control Act; 
(C) the Atomic Energy Act of 1954; or 
(D) any other statute that requires the 
prior review and approval of the United States 
Government as a condition for the export or re- 
export of goods or services. 
SEC. 716. INTERNATIONAL LAW ENFORCEMENT ACADEMY 
IN SAN SALVADOR, EL SALVADOR. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the International Law Enforcement Academy 
(ILEA) in San Salvador, El Salvador, should continue to 
serve as a critical component of United States regional 
counterterrorism efforts. 
(b) NEGOTIATION.—The Secretary of State shall ne-
gotiate with the appropriate agency entities to ensure that 
counterterrorism, including radical Islamist extremism 
within the Western Hemisphere, nonproliferation, and 
border security courses are instituted as part of the core 
curriculum at the International Law Enforcement Acad-
emy in San Salvador. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
necessary to— 
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152 
(1) complete all physical aspects of the ILEA 
facility in San Salvador; and 
(2) implement the ILEA Global Network. 
SEC. 717. ACTIONS REGARDING THE ORGANIZATION OF 
AMERICAN STATES. 
(a) DECLARATION REGARDING TERRORISM.—The 
Secretary of State shall direct the United States Rep-
resentative to the Organization of American States (OAS) 
to use the voice, vote, and influence of the United States 
at the OAS to move for a declaration at the first meeting 
of Member States of the OAS convened after the date of 
the enactment of this Act calling on countries to system-
atically deny the use of their territories by terrorists or 
terrorist organizations. 
(b) REDUCTION
IN UNITED STATES CONTRIBU-
TION.— 
(1) IN GENERAL.—The Secretary of State shall 
reduce by 50 percent the amount of the United 
States assessed contribution to the OAS for fiscal 
year 2009 and each subsequent fiscal year. 
(2) USE OF FUNDS.— 
(A) IN GENERAL.—Of the amount reduced 
pursuant to paragraph (1), not less than ten 
percent of such amount shall be added to 
United States voluntary contributions to each 
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153 
of the organizations specified in subparagraph 
(B) and the remaining amount shall be used to 
establish and maintain the Western Hemisphere 
Regional Coordination Centers under section 
731. 
(B) ORGANIZATIONS SPECIFIED.—The or-
ganizations referred to in subparagraph (A) are 
the following: 
(i) The OAS Inter-American Com-
mittee Against Terrorism (CICTE). 
(ii) The OAS Inter-American Drug 
Abuse Control Commission (CICAD). 
SEC. 718. AMENDMENT TO DEPARTMENT OF STATE RE-
WARDS PROGRAM. 
Section 36(b) of the State Department Basic Au-
thorities Act of 1956 (22 U.S.C. 2708(b)) is amended— 
(1) in paragraph (6), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (7)(B), by striking the period 
at the end and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(8) the arrest or conviction in any country of 
any individual wanted on terrorism charges pursuant 
to red notices duly issued by Interpol, if such reward 
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154 
would help advance United States interests or the 
interests of United States allies in the global strug-
gle against international terrorism.’’. 
Subtitle B—Nonproliferation of Nu-
clear, Chemical, and Biological 
Weapons in the Western Hemi-
sphere 
SEC. 721. STATEMENT OF POLICY REGARDING THE PRO-
LIFERATION 
OF 
WEAPONS-RELATED 
NU-
CLEAR, CHEMICAL, AND BIOLOGICAL MATE-
RIALS, TECHNOLOGY, AND FACILITIES. 
(a) IN GENERAL.—To enhance the prevention of the 
proliferation of weapons-related nuclear, chemical, and bi-
ological materials, technology, and facilities, it shall be the 
policy of the United States to— 
(1) promote the negotiation and implementation 
by all countries of— 
(A) a comprehensive safeguards agreement 
with the International Atomic Energy Agency 
(IAEA); and 
(B) an Additional Protocol to the safe-
guards agreement; 
(2) secure guarantees by all countries of unre-
stricted access by IAEA personnel to all nuclear-re-
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lated materials and facilities in territories under the 
control of the host country; 
(3) promote the implementation by all countries 
of United Nations Security Council Resolution 1540; 
and 
(4) promote the accession to and ratification 
and implementation of— 
(A) the Convention on the Prohibition of 
the Development, Production, Stockpiling and 
Use of Chemical Weapons and on their De-
struction (also referred to as the Chemical 
Weapons Convention); 
(B) the 1980 IAEA Convention on the 
Physical Protection of Nuclear Material; 
(C) the 2005 United Nations International 
Convention for the Suppression of Acts of Nu-
clear Terrorism; and 
(D) the Convention on the Prohibition of 
the Development and Stockpiling of Bacterio-
logical (Biological) and Toxin Weapons and on 
their Destruction (also referred to as the Bio-
logical Weapons Convention). 
(b) ADDITIONAL PROTOCOL DEFINED.—In this sec-
tion, the term ‘‘Additional Protocol’’ means the Protocol 
Additional to an agreement between a country and the 
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International Atomic Energy Agency for the Application 
of Safeguards. 
SEC. 722. STATEMENT OF POLICY REGARDING THE SMALL 
QUANTITIES PROTOCOL. 
Because a Small Quantities Protocol (SQP) sets 
aside many of the operative provisions of a general safe-
guards agreement, the ability of the IAEA to verify that 
nuclear materials and facilities in a country with an SQP 
are not being diverted for illicit purposes is significantly 
impaired. For this reason, it shall be the policy of the 
United States to— 
(1) oppose the negotiation by the IAEA of an 
SQP for any country that did not have an SQP as 
of January 1, 2008; and 
(2) encourage every country with an SQP to 
withdraw formally from or renegotiate that agree-
ment for the purpose of increasing transparency and 
eliminating any exemption or provision that could 
restrict the ability of the IAEA to verify that a 
country’s nuclear materials and facilities are not 
being diverted to impermissible uses. 
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157 
SEC. 723. SECURING ADHERENCE TO AGREEMENTS RE-
GARDING NUCLEAR NONPROLIFERATION BY 
COUNTRIES IN THE WESTERN HEMISPHERE. 
(a) IN GENERAL.—The President shall use all avail-
able political, economic, and diplomatic tools to ensure 
that each country in the Western Hemisphere— 
(1) has signed and implemented a comprehen-
sive safeguards agreement with the IAEA; 
(2) has signed and implemented an Additional 
Protocol to its safeguards agreement; 
(3) guarantees unrestricted access for IAEA 
personnel to all nuclear-related facilities; 
(4) has implemented the provisions of United 
Nations Security Council Resolution 1540; 
(5) has acceded to, ratified, and fully imple-
mented the conventions referred to in section 
l22(a)(4); 
(6) does not negotiate with the IAEA an SQP 
if that country did not have an SQP as of January 
1, 2008; and 
(7) withdraws formally from or renegotiates an 
SQP agreement if a country has such an agreement. 
(b) SANCTIONS.—For any Western Hemisphere 
country that has not satisfied all of the requirements spec-
ified in subsection (a), the President is authorized to— 
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(1) suspend United States nonhumanitarian 
foreign assistance to the government of that country; 
and 
(2) prohibit the sale, provision, or transfer of 
articles, including the issuance of any specific license 
or grant of any other specific permission or author-
ity to export any goods or technology under— 
(A) the Export Administration Act of 
1979; 
(B) the Arms Export Control Act; 
(C) the Atomic Energy Act of 1954; or 
(D) any other statute that requires the 
prior review and approval of the United States 
Government as a condition for the export or re- 
export of goods or services. 
SEC. 724. HALTING THE PROLIFERATION OF NUCLEAR 
FUEL FABRICATION. 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the United States to oppose the development or acquisi-
tion by any country of a capacity to fabricate nuclear fuel 
if such country did not have such capacity as of January 
1, 2008. 
(b) PREVENTION OF CAPACITY TO FABRICATE NU-
CLEAR FUEL.—The President shall use all available polit-
ical, economic, and diplomatic tools, and shall use the 
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voice, vote, and influence of the United States in all inter-
national organizations and associations of which it is a 
member, including the IAEA and the Nuclear Suppliers 
Group, to prevent the development or acquisition by any 
country of a capacity to fabricate nuclear fuel if such 
country did not have such capacity as of January 1, 2008. 
(c) NUCLEAR TECHNICAL COOPERATION WITH THE 
IAEA.—The President shall direct the United States Per-
manent Representative to the IAEA to use the voice, vote, 
and influence of the United States at the IAEA to block 
the allocation of funds for any IAEA development, envi-
ronmental, or nuclear science assistance or activity to a 
country the government of which— 
(1) the Secretary of State has determined, for 
purposes of section 6(j) of the Export Administra-
tion Act of 1979, section 620A of the Foreign As-
sistance Act of 1961, section 40 of the Arms Export 
Control Act, or other provision of law, is a govern-
ment that has repeatedly provided support for acts 
of international terrorism; 
(2) is actively cooperating with a government as 
described in paragraph (1); 
(3) is under investigation for a breach of or 
noncompliance with its IAEA obligations or the pur-
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poses and principles of the Charter of the United 
Nations; or 
(4) is in violation of its IAEA obligations or the 
purposes and principles of the Charter of the United 
Nations. 
SEC. 725. COOPERATION WITH THE PROLIFERATION SECU-
RITY INITIATIVE. 
(a) FINDINGS.—Congress finds the following: 
(1) From its inception on May 31, 2003, the 
Proliferation Security Initiative, also referred to as 
the PSI, has repeatedly demonstrated its effective-
ness in preventing the proliferation of weapons of 
mass destruction. 
(2) In his February 11, 2004, address at the 
National Defense University regarding additional 
measures to enhance global efforts against the pro-
liferation of weapons of mass destruction President 
Bush proposed that ‘‘the work of the Proliferation 
Security Initiative be expanded to address more than 
shipments and transfers. Building on the tools we’ve 
developed to fight terrorists, we can take direct ac-
tion against proliferation networks. We need greater 
cooperation not just among intelligence and military 
services, but in law enforcement, as well. PSI par-
ticipants and other willing nations should use the 
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Interpol and all other means to bring to justice 
those who traffic in deadly weapons, to shut down 
their labs, to seize their materials, to freeze their as-
sets. We must act on every lead. We will find the 
middlemen, the suppliers and the buyers.’’. 
(3) The number of countries participating in 
PSI has steadily increased, thereby greatly enhanc-
ing its effectiveness. 
(4) Many countries in the Western Hemisphere 
formally or informally cooperate with the PSI. 
(5) Expanded law enforcement cooperation 
throughout the Western Hemisphere, including by 
means of greater coordination of policies, improved 
communications, and enhanced capabilities would 
significantly promote the objectives of the PSI. 
(b) SENSE OF CONGRESS CONCERNING STRENGTH-
ENING
COOPERATION
REGARDING
NONPROLIFERA-
TION.—It is the sense of Congress that— 
(1) it is in the national security interest of the 
United States to establish comprehensive coopera-
tion to prevent the proliferation of nuclear, chemical, 
and biological materials in the Western Hemisphere; 
and 
(2) the Secretary of State should seek to secure 
the formal or informal cooperation by Western 
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162 
Hemisphere countries for the purpose of securing 
the goals of the Proliferation Security Initiative an-
nounced by the President on May 31, 2003. 
SEC. 726. ESTABLISHMENT OF THE WESTERN HEMISPHERE 
NONPROLIFERATION PARTNERSHIP INITIA-
TIVE. 
(a) IN GENERAL.—The Secretary of State is author-
ized, in consultation with relevant United States Govern-
ment agencies, to negotiate with the leaders of the govern-
ments of countries in the Western Hemisphere on a bilat-
eral or multilateral basis, as appropriate, international 
agreements under which such governments work in part-
nership to establish an initiative to be known as the 
‘‘Western Hemisphere Nonproliferation Partnership Ini-
tiative’’ (NPI). 
(b) PURPOSE.— 
(1) IN GENERAL.—The NPI shall— 
(A) encourage the establishment of con-
tacts and cooperative relationships, including 
the sharing of intelligence, between the respon-
sible individuals and agencies of each partici-
pant country with their counterparts in the 
United States Government and in other partici-
pating countries; and 
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(B) encourage bilateral and multilateral 
support, cooperation, and coordination of na-
tional programs and efforts to promote effective 
and in-depth cooperation to counter the illicit 
acquisition or trade of weapons-related nuclear, 
chemical, or biological materials, technology, or 
facilities. 
(2) COOPERATIVE PROGRAMS.—The cooperative 
programs referred to under paragraph (1)(B) shall 
include the following: 
(A) Training for government officials and 
agents from participating countries regarding 
the development and operation of NPI pro-
grams. 
(B) Assistance in developing a comprehen-
sive legal and regulatory framework in each 
country, as appropriate, to enable the establish-
ment and effective implementation of export 
controls and the capacity to track nuclear, 
chemical, and biological materials, equipment, 
technology, and facilities. 
(C) Provision of equipment, development of 
infrastructure, and the acquisition of other re-
sources required by participating countries to 
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effectively carry out the tasks referred to in 
subparagraphs (A) and (B). 
SEC. 727. PROHIBITED TRANSACTIONS. 
(a) IN GENERAL.—No defense article or defense serv-
ice may be sold or licensed for export under this title in 
a fiscal year to a foreign country that the President deter-
mines and certifies to Congress, not later than May 15 
of the calendar year in which such fiscal year begins, is 
carrying out policies aimed at undermining United States 
national security interests or is not cooperating fully with 
United States nonproliferation efforts. 
(b) WAIVER.—The President may waive the prohibi-
tion under subsection (a) with respect to a specific trans-
action if the President determines that such transaction 
is important to the national security interests of the 
United States. 
SEC. 728. RESTRICTIONS ON NUCLEAR COOPERATION WITH 
COUNTRIES ASSISTING THE NUCLEAR PRO-
GRAM OF VENEZUELA OR CUBA. 
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law or any international agreement, no agreement 
for cooperation between the United States and the govern-
ment of any country that is assisting the nuclear program 
of Venezuela or Cuba or transferring advanced conven-
tional weapons or missiles to Venezuela or Cuba may be 
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submitted to the President or to Congress pursuant to sec-
tion 123 of the Atomic Energy Act of 1954 (42 U.S.C. 
2153), no such agreement may enter into force with such 
country, no license may be issued for export directly or 
indirectly to such country of any nuclear material, facili-
ties, components, or other goods, services, or technology 
that would be subject to such agreement, and no approval 
may be given for the transfer or retransfer directly or indi-
rectly to such country of any nuclear material, facilities, 
components, or other goods, services, or technology that 
would be subject to such agreement, until the President 
determines and reports to the Committee on Foreign Af-
fairs of the House of Representatives and the Committee 
on Foreign Relations of the Senate that the government 
of the country that is assisting the nuclear program of 
Venezuela or Cuba or transferring advanced conventional 
weapons or missiles to Venezuela or Cuba— 
(1) has suspended all nuclear assistance to Ven-
ezuela or Cuba and all transfers of advanced conven-
tional weapons and missiles to Venezuela or Cuba; 
and 
(2) is committed to maintaining such suspen-
sion until Venezuela or Cuba has implemented meas-
ures that would permit the President to make the 
determination described in paragraph (1). 
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166 
(b) RULES OF CONSTRUCTION.—The restrictions de-
scribed in subsection (a)— 
(1) shall apply in addition to all other applica-
ble procedures, requirements, and restrictions re-
quired by the Atomic Energy Act of 1954 and any 
other law; and 
(2) shall not be construed as affecting the valid-
ity of agreements for cooperation that are in effect 
on the date of the enactment of this Act. 
(c) DEFINITIONS.—In this section: 
(1) AGREEMENT FOR COOPERATION.—The term 
‘‘agreement for cooperation’’ has the meaning given 
that term in section 11 b. of the Atomic Energy Act 
of 1954 (42 U.S.C. 2014 b.). 
(2) ASSISTING
THE
NUCLEAR
PROGRAM
OF 
VENEZUELA OR CUBA.—The term ‘‘assisting the nu-
clear program of Venezuela or Cuba’’ means the in-
tentional transfer to Venezuela or Cuba by a govern-
ment, or by a person subject to the jurisdiction of 
a government with the knowledge and acquiescence 
of such government, of goods, services, or technology 
listed on the Nuclear Suppliers Group Guidelines for 
the Export of Nuclear Material, Equipment and 
Technology (published by the International Atomic 
Energy Agency as Information Circular INFCIRC/ 
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254/Rev. 3/Part 1, and subsequent revisions) or 
Guidelines for Transfers of Nuclear-Related Dual- 
Use Equipment, Material, and Related Technology 
(published by the International Atomic Energy 
Agency as Information Circular INFCIR/254/Rev. 3/ 
Part 2, and subsequent revisions). 
(3) COUNTRY
THAT
IS
ASSISTING
THE
NU-
CLEAR
PROGRAM
OF
VENEZUELA
OR
CUBA
OR 
TRANSFERRING
ADVANCED
CONVENTIONAL
WEAP-
ONS OR MISSILES TO VENEZUELA OR CUBA.—The 
term ‘‘country that is assisting the nuclear program 
of Venezuela or Cuba or transferring advanced con-
ventional weapons or missiles to Venezuela or Cuba’’ 
means— 
(A) Russia; and 
(B) any other country determined by the 
President to be assisting the nuclear program 
of Venezuela or Cuba or transferring advanced 
conventional weapons or missiles to Venezuela 
or Cuba. 
(4) TRANSFERRING ADVANCED CONVENTIONAL 
WEAPONS OR MISSILES TO VENEZUELA OR CUBA.— 
The term ‘‘transferring advanced conventional weap-
ons or missiles to Venezuela or Cuba’’ means the in-
tentional transfer to Venezuela or Cuba by a govern-
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168 
ment, or by a person subject to the jurisdiction of 
a government with the knowledge and acquiescence 
of such government, of goods, services, or technology 
listed on— 
(A) the Wassenaar Arrangement list of 
Dual Use Goods and Technologies and Muni-
tions list of July 12, 1996, and subsequent revi-
sions; or 
(B) the Missile Technology Control Regime 
Equipment and Technology Annex of June 11, 
1996, and subsequent revisions. 
Subtitle C—Western Hemisphere 
Regional Coordination Centers 
SEC. 731. ESTABLISHMENT OF THE WESTERN HEMISPHERE 
REGIONAL COORDINATION CENTERS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the United States Government should carry 
out a comprehensive and integrated approach to 
United States counterterrorism and nonproliferation 
efforts, both domestically and abroad; and 
(2) the Secretary of State should seek to en-
gage leaders of the governments of countries in the 
Western Hemisphere to develop a comprehensive 
multilateral strategy to counter current and emerg-
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169 
ing threats and prevent the proliferation of nuclear, 
chemical, and biological weapons. 
(b) PURPOSE.—Western Hemisphere Regional Co-
ordination Centers shall serve as joint operational facilities 
dedicated to coordinating efforts, capacity, and intel-
ligence among participating countries to counter current 
and emerging threats and prevent the proliferation of nu-
clear, chemical, and biological weapons throughout the 
Western Hemisphere. 
(c) ESTABLISHMENT.—The Secretary of State shall 
negotiate with the leaders of the governments of countries 
in the Western Hemisphere on a bilateral or multilateral 
basis, as appropriate, international agreements under 
which such governments work in partnership to establish 
centers to be known as the ‘‘Western Hemisphere Regional 
Coordination Centers’’ (RCC). 
(d) COOPERATION WITH GOVERNMENTS
IN
THE 
WESTERN HEMISPHERE.— 
(1) IN GENERAL.—The Secretary of State shall 
negotiate with— 
(A) the governments of countries in Cen-
tral and South America agreements for the es-
tablishment of one RCC in a country in Central 
America and one RCC in a country in South 
America; and 
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170 
(B) the Government of Brazil, the Govern-
ment of Argentina, and the Government of 
Paraguay an agreement for the establishment 
of a RCC specifically in the tri-border area. 
(2) COORDINATION.—The Secretary of State 
shall negotiate with the leaders of the governments 
of countries in the Western Hemisphere on a bilat-
eral or multilateral basis, as appropriate, agreements 
under which a method is established for staffing par-
allel representatives, from each participating country 
or region, for each United States agency represented 
at the relevant RCC. 
(e) PARTICIPATION OF UNITED STATES GOVERN-
MENT AGENCIES.— 
(1) IN GENERAL.—The Secretary of State, in 
consultation with the Director of National Intel-
ligence and the Secretary of Defense, shall deter-
mine which departments and agencies of the United 
States Government, including the Department of 
Defense, the Department of Energy, the Department 
of Homeland Security, the Department of the Treas-
ury, the Department of Justice, the Drug Enforce-
ment Agency, and the Federal Bureau of Investiga-
tion, are necessary to ensure the establishment and 
operation of the RCCs. The Secretary of State, in 
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171 
consultation with the Director of National Intel-
ligence and the Secretary of Defense, shall negotiate 
agreements with the heads of such agencies to en-
sure their full participation and cooperation in such 
establishment and operation. 
(2) ASSIGNMENT OF REGIONAL ATTACHES AND 
ADVISORS.—The Secretary of State shall transfer to 
appropriate RCCs regional attaches and advisors 
serving at United States diplomatic and consular 
missions in the Western Hemisphere. 
(f) STRUCTURE.— 
(1) MANAGEMENT
OF
THE
RCCS.—The Sec-
retary of State, in consultation with the Director of 
National Intelligence and the Secretary of Defense, 
shall be responsible for the management of the 
RCCs, including development of the budget, prior-
ities, and programs of the RCCs. 
(2) STAFFING AND DUTIES.—Each RCC shall 
have one United States Director, at least one but 
not more than two United States Deputy Directors, 
and one host country General Director. The United 
States Director and United States Deputy Directors 
may be employees of any of the United States na-
tional security agencies and shall be chosen by the 
Secretary of State, in consultation with the Director 
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172 
of National Intelligence and Secretary of Defense. 
The Director and Deputy Directors of each RCC 
shall keep the Chief of Mission of the United States 
Embassies in the host country of such RCC fully in-
formed of activities and operations of such RCC. 
(3) RCC POLICY BOARD.— 
(A) ESTABLISHMENT.—There is estab-
lished the RCC Policy Board. 
(B) 
COMPOSITION.—The 
RCC 
Policy 
Board shall be comprised of senior representa-
tives from the departments and agencies deter-
mined by the Secretary of State, in consultation 
with the Director of National Intelligence and 
the Secretary of Defense, to be necessary to en-
sure the establishment and operation of the 
RCCs in accordance with subsection (e). 
(C) DUTIES.—The Policy Board shall 
monitor and provide guidance and oversight for 
the RCCs to ensure that their operations are 
consistent with United States foreign policy and 
law enforcement goals. 
(D) MEETINGS.—The Policy Board shall 
meet bi-monthly and shall be co-chaired by offi-
cers from the Office of the Coordinator for 
Counterterrorism of the Department of State 
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and the National Counterterrorism Center of 
the Office of the Director of National Intel-
ligence. 
SEC. 732. REGIONAL SECURITY INITIATIVE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Latin America Regional Strategic Initiative 
(RSI) should serve as a critical component of United 
States regional counterterrorism and nonproliferation ef-
forts. 
(b) PARTICIPATION WITH THE RCCS.—The Latin 
America RSI shall conduct at least one inter-agency meet-
ing at one of the three RCCs each fiscal year. The Direc-
tor, a Deputy Director, or both, of each RCC shall partici-
pate in all RSI meetings organized by the Department of 
State. 
(c) REPORT.—Not later than 45 days after the con-
clusion of each RSI meeting, the Secretary of State shall 
submit to the appropriate congressional committees a re-
port, which shall include a classified annex if necessary, 
that describes— 
(1) the defined objectives of the RSI; 
(2) the extent to which such objectives have 
been achieved; 
(3) the steps taken by the United States to ac-
complish such objectives; 
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174 
(4) the extent of cooperation by other countries 
in the Western Hemisphere toward achieving such 
objectives; and 
(5) the steps the United States will take in the 
subsequent months to accomplish such objectives. 
SEC. 733. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated such sums as 
may be necessary for each of fiscal years 2010 and 2011 
and each subsequent fiscal year to carry out this subtitle. 
Subtitle D—Prohibitions on En-
gagement With Certain Western 
Hemisphere Countries 
SEC. 741. PROHIBITIONS ON ENGAGEMENT WITH CERTAIN 
WESTERN HEMISPHERE COUNTRIES. 
Nothing in this title shall be construed as weakening 
or removing any prohibitions on United States engage-
ment with or assistance to any country in the Western 
Hemisphere that the Secretary of State has designated as 
a state sponsor of terrorism for a minimum of three con-
secutive years. 
Subtitle E—Report 
SEC. 751. REPORT. 
(a) IN GENERAL.—Not later than one year after the 
date of the enactment of this Act and annually thereafter, 
the Secretary of State shall submit to the appropriate con-
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175 
gressional committees a report on the activities carried out 
to achieve the objectives described in subtitles B and C 
that describe— 
(1) the extent to which each such objective has 
been achieved; 
(2) the steps taken by the United States and 
countries in the Western Hemisphere in the pre-
ceding calendar year to accomplish such objectives; 
(3) the extent of cooperation by other countries 
in the Western Hemisphere toward achieving such 
objectives; and 
(4) the steps the United States will take in the 
current calendar year to accomplish such objectives. 
(b) PREPARATION AND FORM OF REPORT.—The re-
port required under subsection (a) shall rely on public in-
formation to the extent possible, and shall include a classi-
fied annex, if necessary. 
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176 
TITLE VIII—EXPORT CONTROL 
REFORM AND SECURITY AS-
SISTANCE 
Subtitle A—Defense Trade Controls 
Performance Improvement Act 
of 2009 
SEC. 801. SHORT TITLE. 
This subtitle may be cited as the ‘‘Defense Trade 
Controls Performance Improvement Act of 2009’’. 
SEC. 802. FINDINGS. 
Congress finds the following: 
(1) In a time of international terrorist threats 
and a dynamic global economic and security environ-
ment, United States policy with regard to export 
controls is in urgent need of a comprehensive review 
in order to ensure such controls are protecting the 
national security and foreign policy interests of the 
United States. 
(2) In January 2007, the Government Account-
ability Office designated the effective identification 
and protection of critical technologies as a govern-
ment-wide, high-risk area, warranting a strategic re-
examination of existing programs, including pro-
grams relating to arms export controls. 
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(3) Federal Government agencies must review 
licenses for export of munitions in a thorough and 
timely manner to ensure that the United States is 
able to assist United States allies and to prevent nu-
clear and conventional weapons from getting into the 
hands of enemies of the United States. 
(4) Both staffing and funding that relate to the 
Department of State’s arms export control respon-
sibilities have not kept pace with the increased work-
load relating to such responsibilities, especially dur-
ing the current decade. 
(5) Outsourcing and off-shoring of defense pro-
duction and the policy of many United States trad-
ing partners to require offsets for major sales of de-
fense and aerospace articles present a potential 
threat to United States national security and eco-
nomic well-being and serve to weaken the defense in-
dustrial base. 
(6) Export control policies can have a negative 
impact on United States employment, nonprolifera-
tion goals, and the health of the defense industrial 
base, particularly when facilitating the overseas 
transfer of technology or production and other forms 
of outsourcing, such as offsets (direct and indirect), 
co-production, subcontracts, overseas investment and 
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178 
joint ventures in defense and commercial industries. 
Federal Government agencies must develop new and 
effective procedures for ensuring that export control 
systems address these problems and the threat they 
pose to national security. 
(7) In the report to Congress required by the 
Conference Report (Report 109–272) accompanying 
the bill, H.R. 2862 (the Science, State, Justice, 
Commerce and Related Agencies Appropriations Act, 
2006; Public Law 109–108), the Department of 
State concluded that— 
(A) defense trade licensing has become 
much more complex in recent years as a con-
sequence of the increasing globalization of the 
defense industry; 
(B) the most important challenge to the 
Department of State’s licensing process has 
been the sheer growth in volume of applicants 
for licenses and agreements, without the cor-
responding increase in licensing officers; and 
(C) the increase in licensing volume with-
out a corresponding increase in trained and ex-
perienced personnel has resulted in delays and 
increased processing times. 
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(8) In 2006, the Department of State processed 
over three times as many licensing applications as 
the Department of Commerce with about a fifth of 
the staff of the Department of Commerce. 
(9) On July 27, 2007, in testimony delivered to 
the Subcommittee on Terrorism, Nonproliferation 
and Trade of the Committee on Foreign Affairs of 
the House of Representatives to examine the effec-
tiveness of the United States export control regime, 
the Government Accountability Office found that— 
(A) the United States Government needs 
to conduct assessments to determine its overall 
effectiveness in the area of arms export control; 
and 
(B) the processing times of the Depart-
ment of State doubled over the period from 
2002 to 2006. 
(10)(A) Allowing a continuation of the status 
quo in resources for defense trade licensing could ul-
timately harm the United States defense industrial 
base. The 2007 Institute for Defense Analysis report 
entitled ‘‘Export Controls and the U.S. Defense In-
dustrial Base’’ found that the large backlog and long 
processing times by the Department of State for ap-
plications for licenses to export defense items led to 
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an impairment of United States firms in some sec-
tors to conduct global business relative to foreign 
competitors. 
(B) Additionally, the report found that United 
States commercial firms have been reluctant to en-
gage in research and development activities for the 
Department of Defense because this raises the fu-
ture prospects that the products based on this re-
search and development, even if intrinsically com-
mercial, will be saddled by Department of State mu-
nitions controls due to the link to that research. 
(11) According to the Department of State’s 
fiscal year 2008 budget justification to Congress, 
commercial exports licensed or approved under the 
Arms 
Export 
Control 
Act 
exceeded 
$30,000,000,000, with nearly eighty percent of these 
items exported to United States NATO allies and 
other major non-NATO allies. 
(12) A Government Accountability Office report 
of October 9, 2001 (GAO–02–120), documented am-
biguous export control jurisdiction affecting 25 per-
cent of the items that the United States Government 
agreed to control as part of its commitments to the 
Missile Technology Control Regime. The United 
States Government has not clearly determined which 
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181 
department has jurisdiction over these items, which 
increases the risk that these items will fall into the 
wrong hands. During both the 108th, 109th, and 
110th Congresses, the House of Representatives 
passed legislation mandating that the Administra-
tion clarify this issue. 
(13) During 2007 and 2008, the management 
and staff of the Directorate of Defense Trade Con-
trols of the Department of State have, through ex-
traordinary effort and dedication, eliminated the 
large backlog of open applications and have reduced 
average processing times for license applications; 
however, the Directorate remains understaffed and 
long delays remain for complicated cases. 
SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE 
UNITED STATES EXPORT CONTROLS SYSTEM. 
(a) REVIEW AND ASSESSMENT.— 
(1) IN GENERAL.—Not later than March 31, 
2010, the President shall conduct a comprehensive 
and systematic review and assessment of the United 
States arms export controls system in the context of 
the national security interests and strategic foreign 
policy objectives of the United States. 
(2) ELEMENTS.—The review and assessment 
required under paragraph (1) shall— 
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(A) determine the overall effectiveness of 
the United States arms export controls system 
in order to, where appropriate, strengthen con-
trols, improve efficiency, and reduce unneces-
sary redundancies across Federal Government 
agencies, through administrative actions, in-
cluding regulations, and to formulate legislative 
proposals for new authorities that are needed; 
(B) develop processes to ensure better co-
ordination of arms export control activities of 
the Department of State with activities of other 
departments and agencies of the United States 
that are responsible for enforcing United States 
arms export control laws; 
(C) ensure that weapons-related nuclear 
technology, other technology related to weapons 
of mass destruction, and all items on the Mis-
sile Technology Control Regime Annex are sub-
ject to stringent control by the United States 
Government; 
(D) determine the overall effect of arms 
export controls on counterterrorism, law en-
forcement, and infrastructure protection mis-
sions of the Department of Homeland Security; 
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183 
(E) determine the effects of export controls 
policies and the practices of the export control 
agencies on the United States defense industrial 
base and United States employment in the in-
dustries affected by export controls; 
(F) contain a detailed summary of known 
attempts by unauthorized end-users (such as 
international arms traffickers, foreign intel-
ligence agencies, and foreign terrorist organiza-
tions) to acquire items on the United States 
Munitions List and related technical data, in-
cluding— 
(i) data on— 
(I) commodities sought, such as 
M–4 rifles, night vision devices, F–14 
spare parts; 
(II) parties involved, such as the 
intended 
end-users, 
brokers, 
con-
signees, and shippers; 
(III) attempted acquisition of 
technology and technical data critical 
to manufacture items on the United 
States Munitions List; 
(IV) destination countries and 
transit countries; 
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184 
(V) modes of transport; 
(VI) trafficking methods, such as 
use of false documentation and front 
companies registered under flags of 
convenience; 
(VII) whether the attempted il-
licit transfer was successful; and 
(VIII) 
any 
administrative 
or 
criminal enforcement actions taken by 
the United States and any other gov-
ernment in relation to the attempted 
illicit transfer; 
(ii) a thorough evaluation of the Blue 
Lantern Program, including the adequacy 
of current staffing and funding levels; 
(iii) a detailed analysis of licensing ex-
emptions and their successful exploitation 
by unauthorized end-users; and 
(iv) an examination of the extent to 
which the increased tendency toward out-
sourcing and off-shoring of defense produc-
tion harm United States national security 
and weaken the defense industrial base, in-
cluding direct and indirect impact on em-
ployment, and formulate policies to address 
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185 
these trends as well as the policy of some 
United States trading partners to require 
offsets for major sales of defense articles; 
and 
(G) assess the extent to which export con-
trol policies and practices under the Arms Ex-
port Control Act promote the protection of 
basic human rights. 
(b) CONGRESSIONAL
BRIEFINGS.—The President 
shall provide periodic briefings to the appropriate congres-
sional committees on the progress of the review and as-
sessment conducted under subsection (a). The require-
ment to provide congressional briefings under this sub-
section shall terminate on the date on which the President 
transmits to the appropriate congressional committees the 
report required under subsection (c). 
(c) REPORT.—Not later than 18 months after the 
date of the enactment of this Act, the President shall 
transmit to the appropriate congressional committees and 
the Committee on Armed Services of the House of Rep-
resentatives and the Committee on Armed Services of the 
Senate a report that contains the results of the review and 
assessment conducted under subsection (a). The report re-
quired by this subsection shall contain a certification that 
the requirement of subsection (a)(2)(C) has been met, or 
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if the requirement has not been met, the reasons therefor. 
The report required by this subsection shall be submitted 
in unclassified form, but may contain a classified annex, 
if necessary. 
SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF AP-
PLICATIONS 
FOR 
LICENSES 
TO 
EXPORT 
ITEMS ON UNITED STATES MUNITIONS LIST. 
(a) IN GENERAL.—The Secretary of State, acting 
through the head of the Directorate of Defense Trade 
Controls of the Department of State, shall establish and 
maintain the following goals: 
(1) The processing time for review of each ap-
plication for a license to export items on the United 
States Munitions List (other than a Manufacturing 
License Agreement) shall be not more than 60 days 
from the date of receipt of the application. 
(2) The processing time for review of each ap-
plication for a commodity jurisdiction determination 
shall be not more than 60 days from the date of re-
ceipt of the application. 
(3) The total number of applications described 
in paragraph (1) that are unprocessed shall be not 
more than 7 percent of the total number of such ap-
plications submitted in the preceding calendar year. 
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(b) ADDITIONAL REVIEW.—(1) If an application de-
scribed in paragraph (1) or (2) of subsection (a) is not 
processed within the time period described in the respec-
tive paragraph of such subsection, then the Managing Di-
rector of the Directorate of Defense Trade Controls or the 
Deputy Assistant Secretary for Defense Trade and Re-
gional Security of the Department of State, as appro-
priate, shall review the status of the application to deter-
mine if further action is required to process the applica-
tion. 
(2) If an application described in paragraph (1) or 
(2) of subsection (a) is not processed within 90 days from 
the date of receipt of the application, then the Assistant 
Secretary for Political-Military Affairs of the Department 
of State shall— 
(A) review the status of the application to de-
termine if further action is required to process the 
application; and 
(B) submit to the appropriate congressional 
committees a notification of the review conducted 
under subparagraph (A), including a description of 
the application, the reason for delay in processing 
the application, and a proposal for further action to 
process the application. 
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(3) For each calendar year, the Managing Director 
of the Directorate of Defense Trade Controls shall review 
not less than 2 percent of the total number of applications 
described in paragraphs (1) and (2) of subsection (a) to 
ensure that the processing of such applications, including 
decisions to approve, deny, or return without action, is 
consistent with both policy and regulatory requirements 
of the Department of State. 
(c) STATEMENTS OF POLICY.— 
(1) UNITED STATES ALLIES.—Congress states 
that— 
(A) it shall be the policy of the Directorate 
of Defense Trade Controls of the Department 
of State to ensure that, to the maximum extent 
practicable, the processing time for review of 
applications described in subsection (a)(1) to 
export items that are not subject to the require-
ments of section 36 (b) or (c) of the Arms Ex-
port Control Act (22 U.S.C. 2776 (b) or (c)) to 
United States allies in direct support of combat 
operations or peacekeeping or humanitarian op-
erations with United States Armed Forces is 
not more than 7 days from the date of receipt 
of the application; and 
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(B) it shall be the goal, as appropriate, of 
the Directorate of Defense Trade Controls to 
ensure that, to the maximum extent practicable, 
the processing time for review of applications 
described in subsection (a)(1) to export items 
that are not subject to the requirements of sec-
tion 36 (b) or (c) of the Arms Export Control 
Act to government security agencies of United 
States NATO allies, Australia, New Zealand, 
Japan, South Korea, Israel, and, as appro-
priate, other major non-NATO allies for any 
purpose other than the purpose described in 
paragraph (1) is not more than 30 days from 
the date of receipt of the application. 
(2) PRIORITY FOR APPLICATIONS FOR EXPORT 
OF U.S.-ORIGIN EQUIPMENT.—In meeting the goals 
established by this section, it shall be the policy of 
the Directorate of Defense Trade Controls of the 
Department of State to prioritize the processing of 
applications for licenses and agreements necessary 
for the export of United States-origin equipment 
over applications for Manufacturing License Agree-
ments. 
(d) REPORT.—Not later than December 31, 2011, 
and December 31, 2012, the Secretary of State shall sub-
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mit to the appropriate congressional committees a report 
that contains a detailed description of— 
(1)(A) the average processing time for and 
number of applications described in subsection 
(a)(1) to— 
(i) United States NATO allies, Australia, 
New Zealand, Japan, South Korea, and Israel; 
(ii) other major non-NATO allies; and 
(iii) all other countries; and 
(B) to the extent practicable, the average proc-
essing time for and number of applications described 
in subsection (b)(1) by item category; 
(2) the average processing time for and number 
of applications described in subsection (a)(2); 
(3) the average processing time for and number 
of applications for agreements described in part 124 
of title 22, Code of Federal Regulations (relating to 
the International Traffic in Arms Regulations (other 
than Manufacturing License Agreements)); 
(4) the average processing times for applica-
tions for Manufacturing License Agreements; 
(5) any management decisions of the Direc-
torate of Defense Trade Controls of the Department 
of State that have been made in response to data 
contained in paragraphs (1) through (3); and 
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(6) any advances in technology that will allow 
the time-frames described in subsection (a)(1) to be 
substantially reduced. 
(e) CONGRESSIONAL BRIEFINGS.—If, at the end of 
any month beginning after the date of the enactment of 
this Act, the total number of applications described in sub-
section (a)(1) that are unprocessed is more than 7 percent 
of the total number of such applications submitted in the 
preceding calendar year, then the Secretary of State, act-
ing through the Under Secretary for Arms Control and 
International Security, the Assistant Secretary for Polit-
ical-Military Affairs, or the Deputy Assistant Secretary 
for Defense Trade and Regional Security of the Depart-
ment of State, as appropriate, shall brief the appropriate 
congressional committees on such matters and the correc-
tive measures that the Directorate of Defense Trade Con-
trols will take to comply with the requirements of sub-
section (a). 
(f) TRANSPARENCY OF COMMODITY JURISDICTION 
DETERMINATIONS.— 
(1) DECLARATION
OF
POLICY.—Congress de-
clares that the complete confidentiality surrounding 
several hundred commodity jurisdiction determina-
tions made each year by the Department of State 
pursuant to the International Traffic in Arms Regu-
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192 
lations is not necessary to protect legitimate propri-
etary interests of persons or their prices and cus-
tomers, is not in the best security and foreign policy 
interests of the United States, is inconsistent with 
the need to ensure a level playing field for United 
States exporters, and detracts from United States 
efforts to promote greater transparency and respon-
sibility by other countries in their export control sys-
tems. 
(2) PUBLICATION
ON
INTERNET
WEBSITE.— 
The Secretary of State shall— 
(A) upon making a commodity jurisdiction 
determination referred to in paragraph (1) pub-
lish on the Internet website of the Department 
of State not later than 30 days after the date 
of the determination— 
(i) the name of the manufacturer of 
the item; 
(ii) a brief general description of the 
item; 
(iii) the model or part number of the 
item; and 
(iv) the United States Munitions List 
designation under which the item has been 
designated, except that— 
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(I) the name of the person or 
business organization that sought the 
commodity jurisdiction determination 
shall not be published if the person or 
business organization is not the man-
ufacturer of the item; and 
(II) the names of the customers, 
the price of the item, and any propri-
etary information relating to the item 
indicated by the person or business 
organization that sought the com-
modity 
jurisdiction 
determination 
shall not be published; and 
(B) maintain on the Internet website of 
the Department of State an archive, that is ac-
cessible to the general public and other depart-
ments and agencies of the United States, of the 
information published under subparagraph (A). 
(g) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to prohibit the President or Con-
gress from undertaking a thorough review of the national 
security and foreign policy implications of a proposed ex-
port of items on the United States Munitions List. 
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SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF 
AND RESOURCES FOR THE DIRECTORATE OF 
DEFENSE TRADE CONTROLS OF THE DEPART-
MENT OF STATE. 
(a) REQUIREMENT.—The Secretary of State shall en-
sure that the Directorate of Defense Trade Controls of 
the Department of State has the necessary staff and re-
sources to carry out this subtitle and the amendments 
made by this subtitle. 
(b) MINIMUM NUMBER OF LICENSING OFFICERS.— 
For fiscal year 2011 and each subsequent fiscal year, the 
Secretary of State shall ensure that the Directorate of De-
fense Trade Controls has at least 1 licensing officer for 
every 1,250 applications for licenses and other authoriza-
tions to export items on the United States Munitions List 
by not later than the third quarter of such fiscal year, 
based on the number of licenses and other authorizations 
expected to be received during such fiscal year. The Sec-
retary shall ensure that in meeting the requirement of this 
subsection, the performance of other functions of the Di-
rectorate of Defense Trade Controls is maintained and 
adequate staff is provided for those functions. 
(c) MINIMUM NUMBER OF STAFF FOR COMMODITY 
JURISDICTION DETERMINATIONS.—For each of the fiscal 
years 2010 through 2012, the Secretary of State shall en-
sure that the Directorate of Defense Trade Controls has, 
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195 
to the extent practicable, not less than three individuals 
assigned to review applications for commodity jurisdiction 
determinations. 
(d) ENFORCEMENT
RESOURCES.—In accordance 
with section 127.4 of title 22, Code of Federal Regula-
tions, U.S. Immigration and Customs Enforcement is au-
thorized to investigate violations of the International Traf-
fic in Arms Regulations on behalf of the Directorate of 
Defense Trade Controls of the Department of State. The 
Secretary of State shall ensure that the Directorate of De-
fense Trade Controls has adequate staffing for enforce-
ment of the International Traffic in Arms Regulations. 
SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPART-
MENT OF STATE. 
(a) AUDIT.—Not later than the end of each of the 
fiscal years 2011 and 2012, the Inspector General of the 
Department of State shall conduct an independent audit 
to determine the extent to which the Department of State 
is meeting the requirements of sections 804 and 805. 
(b) REPORT.—The Inspector General shall submit to 
the appropriate congressional committees a report that 
contains the result of each audit conducted under sub-
section (a). 
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196 
SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE 
TRADE CONTROLS REGISTRATION FEES. 
(a) IN GENERAL.—Section 45 of the State Depart-
ment Basic Authorities Act of 1956 (22 U.S.C. 2717) is 
amended— 
(1) in the first sentence— 
(A) by striking ‘‘For’’ and inserting ‘‘(a) 
IN GENERAL.—For’’; and 
(B) by striking ‘‘Office’’ and inserting ‘‘Di-
rectorate’’; 
(2) by amending the second sentence to read as 
follows: 
‘‘(b) AVAILABILITY OF FEES.—Fees credited to the 
account referred to in subsection (a) shall be available only 
for payment of expenses incurred for— 
‘‘(1) management, 
‘‘(2) licensing (in order to meet the require-
ments of section 805 of the Defense Trade Controls 
Performance Improvement Act of 2009 (relating to 
adequate staff and resources of the Directorate of 
Defense Trade Controls)), 
‘‘(3) compliance, 
‘‘(4) policy activities, and 
‘‘(5) facilities, 
of defense trade controls functions.’’; and 
(3) by adding at the end the following: 
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‘‘(c) ALLOCATION OF FEES.—In allocating fees for 
payment of expenses described in subsection (b), the Sec-
retary of State shall accord the highest priority to pay-
ment of expenses incurred for personnel and equipment 
of the Directorate of Defense Trade Controls, including 
payment of expenses incurred to meet the requirements 
of section 805 of the Defense Trade Controls Performance 
Improvement Act of 2009.’’. 
(b) CONFORMING AMENDMENT.—Section 38(b) of 
the Arms Export Control Act (22 U.S.C. 2778(b)) is 
amended by striking paragraph (3). 
SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS 
REGULATIONS AND UNITED STATES MUNI-
TIONS LIST. 
(a) IN GENERAL.—The Secretary of State, in coordi-
nation with the heads of other relevant departments and 
agencies of the United States Government, shall review, 
with the assistance of United States manufacturers and 
other interested parties described in section 811(2) of this 
Act, the International Traffic in Arms Regulations and 
the United States Munitions List to determine those tech-
nologies and goods that warrant different or additional 
controls. 
(b) CONDUCT OF REVIEW.—In carrying out the re-
view required under subsection (a), the Secretary of State 
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198 
shall review not less than 20 percent of the technologies 
and goods on the International Traffic in Arms Regula-
tions and the United States Munitions List in each cal-
endar year so that for the 5-year period beginning with 
calendar year 2010, and for each subsequent 5-year pe-
riod, the International Traffic in Arms Regulations and 
the United States Munitions List will be reviewed in their 
entirety. 
(c) REPORT.—The Secretary of State shall submit to 
the appropriate congressional committees and the Com-
mittee on Armed Services of the House of Representatives 
and the Committee on Armed Services of the Senate an 
annual report on the results of the review carried out 
under this section. 
SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CER-
TAIN EXPORTS TO NATO MEMBER STATES, 
AUSTRALIA, JAPAN, NEW ZEALAND, ISRAEL, 
AND SOUTH KOREA. 
(a) IN GENERAL.—Section 38 of the Arms Export 
Control Act (22 U.S.C. 2778) is amended by adding at 
the end the following: 
‘‘(k) SPECIAL LICENSING AUTHORIZATION FOR CER-
TAIN EXPORTS TO NATO MEMBER STATES, AUSTRALIA, 
JAPAN, NEW ZEALAND, ISRAEL, AND SOUTH KOREA.— 
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199 
‘‘(1) AUTHORIZATION.—(A) The President may 
provide for special licensing authorization for exports 
of United States-manufactured spare and replace-
ment parts or components listed in an application 
for such special licensing authorization in connection 
with defense items previously exported to NATO 
member states, Australia, Japan, New Zealand, 
Israel, and South Korea. A special licensing author-
ization issued pursuant to this clause shall be effec-
tive for a period not to exceed 5 years. 
‘‘(B) An authorization may be issued under 
subparagraph (A) only if the applicable government 
of the country described in subparagraph (A), acting 
through the applicant for the authorization, certifies 
that— 
‘‘(i) the export of spare and replacement 
parts or components supports a defense item 
previously lawfully exported; 
‘‘(ii) the spare and replacement parts or 
components will be transferred to a defense 
agency of a country described in subparagraph 
(A) that is a previously approved end-user of 
the defense items and not to a distributor or a 
foreign consignee of such defense items; 
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‘‘(iii) the spare and replacement parts or 
components will not to be used to materially en-
hance, optimize, or otherwise modify or upgrade 
the capability of the defense items; 
‘‘(iv) the spare and replacement parts or 
components relate to a defense item that is 
owned, operated, and in the inventory of the 
armed forces a country described in subpara-
graph (A); 
‘‘(v) the export of spare and replacement 
parts or components will be effected using the 
freight forwarder designated by the purchasing 
country’s diplomatic mission as responsible for 
handling transfers under chapter 2 of this Act 
as required under regulations; and 
‘‘(vi) the spare and replacement parts or 
components to be exported under the special li-
censing authorization are specifically identified 
in the application. 
‘‘(C) An authorization may not be issued under 
subparagraph (A) for purposes of establishing off-
shore procurement arrangements or producing de-
fense articles offshore. 
‘‘(D)(i) For purposes of this subsection, the 
term ‘United States-manufactured spare and re-
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placement parts or components’ means
spare and 
replacement parts or components— 
‘‘(I) with respect to which— 
‘‘(aa) United States-origin content 
costs constitute at least 85 percent of the 
total content costs; 
‘‘(bb) United States manufacturing 
costs constitute at least 85 percent of the 
total manufacturing costs; and 
‘‘(cc) foreign content, if any, is limited 
to content from countries eligible to receive 
exports of items on the United States Mu-
nitions List under the International Traffic 
in Arms Regulations (other than de mini-
mis foreign content); 
‘‘(II) that were last substantially trans-
formed in the United States; and 
‘‘(III) that are not— 
‘‘(aa) classified as significant military 
equipment; or 
‘‘(bb) listed on the Missile Technology 
Control Regime Annex. 
‘‘(ii) For purposes of clause (i)(I) (aa) and 
(bb), the costs of non-United States-origin content 
shall be determined using the final price or final cost 
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202 
associated with the non-United States-origin con-
tent. 
‘‘(2) INAPPLICABILITY
PROVISIONS.—(A) The 
provisions of this subsection shall not apply with re-
spect to re-exports or re-transfers of spare and re-
placement parts or components and related services 
of defense items described in paragraph (1). 
‘‘(B) The congressional notification require-
ments contained in section 36(c) of this Act shall 
not apply with respect to an authorization issued 
under paragraph (1).’’. 
(b) EFFECTIVE DATE.—The President shall issue 
regulations to implement amendments made by subsection 
(a) not later than 180 days after the date of the enactment 
of this Act. 
SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS 
OF LICENSE APPLICATIONS UNDER CHAPTER 
3 OF THE ARMS EXPORT CONTROL ACT. 
Chapter 3 of the Arms Export Control Act (22 
U.S.C. 2771 et seq.) is amended by inserting after section 
38 the following new section: 
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203 
‘‘SEC. 38A. AVAILABILITY OF INFORMATION ON THE STA-
TUS OF LICENSE APPLICATIONS UNDER THIS 
CHAPTER. 
‘‘(a) AVAILABILITY
OF INFORMATION.—Not later 
than one year after the date of the enactment of the De-
fense Trade Controls Performance Improvement Act of 
2009, the President shall make available to persons who 
have pending license applications under this chapter and 
the committees of jurisdiction the ability to access elec-
tronically current information on the status of each license 
application required to be submitted under this chapter. 
‘‘(b) MATTERS TO BE INCLUDED.—The information 
referred to in subsection (a) shall be limited to the fol-
lowing: 
‘‘(1) The case number of the license application. 
‘‘(2) The date on which the license application 
is received by the Department of State and becomes 
an ‘open application’. 
‘‘(3) The date on which the Directorate of De-
fense Trade Controls makes a determination with re-
spect to the license application or transmits it for 
interagency review, if required. 
‘‘(4) The date on which the interagency review 
process for the license application is completed, if 
such a review process is required. 
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‘‘(5) The date on which the Department of 
State begins consultations with the congressional 
committees of jurisdiction with respect to the license 
application. 
‘‘(6) The date on which the license application 
is sent to the congressional committees of jurisdic-
tion.’’. 
SEC. 811. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1)(A) the advice provided to the Secretary of 
State by the Defense Trade Advisory Group 
(DTAG) supports the regulation of defense trade 
and helps ensure that United States national secu-
rity and foreign policy interests continue to be pro-
tected and advanced while helping to reduce unnec-
essary impediments to legitimate exports in order to 
support the defense requirements of United States 
friends and allies; and 
(B) therefore, the Secretary of State should 
share significant planned rules and policy shifts with 
DTAG for comment; and 
(2) recognizing the constraints imposed on the 
Department of State by the nature of a voluntary 
organization such as DTAG, the Secretary of State 
is encouraged to ensure that members of DTAG are 
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205 
drawn from a representative cross-section of subject 
matter experts from the United States defense in-
dustry, relevant trade and labor associations, aca-
demic, and foundation personnel. 
SEC. 812. DEFINITIONS. 
In this subtitle: 
(1) INTERNATIONAL TRAFFIC IN ARMS REGULA-
TIONS; ITAR.—The term ‘‘International Traffic in 
Arms Regulations’’ or ‘‘ITAR’’ means those regula-
tions contained in parts 120 through 130 of title 22, 
Code of Federal Regulations (or successor regula-
tions). 
(2) MAJOR NON-NATO ALLY.—The term ‘‘major 
non-NATO ally’’ means a country that is designated 
in accordance with section 517 of the Foreign As-
sistance Act of 1961 (22 U.S.C. 2321k) as a major 
non-NATO ally for purposes of the Foreign Assist-
ance Act of 1961 (22 U.S.C. 2151 et seq.) and the 
Arms Export Control Act (22 U.S.C. 2751 et seq.). 
(3) MANUFACTURING LICENSE AGREEMENT.— 
The term ‘‘Manufacturing License Agreement’’ 
means an agreement described in section 120.21 of 
title 22, Code of Federal Regulations (or successor 
regulations). 
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206 
(4) MISSILE TECHNOLOGY CONTROL REGIME; 
MTCR.—The term ‘‘Missile Technology Control Re-
gime’’ or ‘‘MTCR’’ has the meaning given the term 
in section 11B(c)(2) of the Export Administration 
Act of 1979 (50 U.S.C. App. 2401b(c)(2)). 
(5) MISSILE
TECHNOLOGY
CONTROL
REGIME 
ANNEX; MTCR
ANNEX.—The term ‘‘Missile Tech-
nology Control Regime Annex’’ or ‘‘MTCR Annex’’ 
has the meaning given the term in section 11B(c)(4) 
of the Export Administration Act of 1979 (50 
U.S.C. App. 2401b(c)(4)). 
(6) OFFSETS.—The term ‘‘offsets’’ includes 
compensation practices required of purchase in ei-
ther government-to-government or commercial sales 
of defense articles or defense services under the 
Arms Export Control Act (22 U.S.C. 2751 et seq.) 
and the International Traffic in Arms Regulations. 
(7) UNITED STATES MUNITIONS LIST; USML.— 
The term ‘‘United States Munitions List’’ or 
‘‘USML’’ means the list referred to in section 
38(a)(1) of the Arms Export Control Act (22 U.S.C. 
2778(a)(1)). 
SEC. 813. AUTHORIZATION OF APPROPRIATIONS. 
Of the amounts authorized to be appropriated under 
section 101, there are authorized to be appropriated such 
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sums as may be necessary for each of fiscal years 2010 
and 2011 to carry out this subtitle and the amendments 
made by this subtitle. 
Subtitle B—Provisions Relating to 
Export Licenses 
SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL 
DIRECTIVES 
REGARDING 
UNITED 
STATES 
ARMS EXPORT POLICIES, PRACTICES, AND 
REGULATIONS. 
(a) IN GENERAL.—The President shall make avail-
able to the Committee on Foreign Affairs of the House 
of Representatives and the Committee on Foreign Rela-
tions of the Senate the text of each Presidential directive 
regarding United States export policies, practices, and 
regulations relating to the implementation of the Arms 
Export Control Act (22 U.S.C. 2751 et seq.) not later 
than 15 days after the date on which the directive has 
been signed or authorized by the President. 
(b) TRANSITION PROVISION.—Each Presidential di-
rective described in subsection (a) that is signed or author-
ized by the President on or after January 1, 2009, and 
before the date of the enactment of this Act shall be made 
available to the congressional committees specified in sub-
section (a) not later than 90 days after the date of the 
enactment of this Act. 
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(c) FORM.—To the maximum extent practicable, each 
Presidential directive described in subsection (a) shall be 
made available to the congressional committees specified 
in subsection (a) on an unclassified basis. 
SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND 
SERVICES 
FOR 
CONGRESSIONAL 
REVIEW 
AND EXPEDITING CONGRESSIONAL REVIEW 
FOR ISRAEL. 
(a) FOREIGN MILITARY SALES.— 
(1) IN GENERAL.—Section 36(b) of the Arms 
Export Control Act (22 U.S.C. 2776(b)) is amend-
ed— 
(A) in paragraph (1)— 
(i) by striking ‘‘$50,000,000’’ and in-
serting ‘‘$100,000,000’’; 
(ii) by striking ‘‘$200,000,000’’ and 
inserting ‘‘$300,000,000’’; 
(iii) by striking ‘‘$14,000,000’’ and 
inserting ‘‘$25,000,000’’; and 
(iv) by striking ‘‘The letter of offer 
shall not be issued’’ and all that follows 
through ‘‘enacts a joint resolution’’ and in-
serting the following: 
‘‘(2) The letter of offer shall not be issued— 
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209 
‘‘(A) with respect to a proposed sale of any 
defense articles or defense services under this 
Act for $200,000,000 or more, any design and 
construction services for $300,000,000 or more, 
or 
any 
major 
defense 
equipment 
for 
$75,000,000 or more, to the North Atlantic 
Treaty Organization (NATO), any member 
country of NATO, Japan, Australia, the Repub-
lic of Korea, Israel, or New Zealand, if Con-
gress, within 15 calendar days after receiving 
such certification, or 
‘‘(B) with respect to a proposed sale of any 
defense articles or services under this Act for 
$100,000,000 or more, any design and con-
struction services for $200,000,000 or more, or 
any major defense equipment for $50,000,000 
or more, to any other country or organization, 
if Congress, within 30 calendar days after re-
ceiving such certification, 
enacts a joint resolution’’; and 
(B) 
by 
redesignating 
paragraphs 
(2) 
through (6) as paragraphs (3) through (7), re-
spectively. 
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210 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.—Section 36 of the Arms Export Control 
Act (22 U.S.C. 2776) is amended— 
(A) in subsection (b)— 
(i) in paragraph (6)(C), as redesig-
nated, by striking ‘‘Subject to paragraph 
(6), if’’ and inserting ‘‘If’’; and 
(ii) by striking paragraph (7), as re-
designated; and 
(B) in subsection (c)(4), by striking ‘‘sub-
section (b)(5)’’ each place it appears and insert-
ing ‘‘subsection (b)(6)’’. 
(b) COMMERCIAL SALES.—Section 36(c) of the Arms 
Export Control Act (22 U.S.C. 2776(c)) is amended— 
(1) in paragraph (1)— 
(A) by striking ‘‘Subject to paragraph (5), 
in’’ and inserting ‘‘In’’; 
(B) by striking ‘‘$14,000,000’’ and insert-
ing ‘‘$25,000,000’’; and 
(C) by striking ‘‘$50,000,000’’ and insert-
ing ‘‘$100,000,000’’; 
(2) in paragraph (2)— 
(A) in subparagraph (A)— 
(i) by inserting after ‘‘for an export’’ 
the following: ‘‘of any major defense equip-
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211 
ment sold under a contract in the amount 
of $75,000,000 or more or of defense arti-
cles or defense services sold under a con-
tract in the amount of $200,000,000 or 
more, (or, in the case of a defense article 
that is a firearm controlled under category 
I of the United States Munitions List, 
$1,000,000 or more)’’; and 
(ii) by striking ‘‘Organization,’’ and 
inserting ‘‘Organization (NATO),’’ and by 
further striking ‘‘that Organization’’ and 
inserting ‘‘NATO’’; and 
(B) in subparagraph (C), by inserting after 
‘‘license’’ the following: ‘‘for an export of any 
major defense equipment sold under a contract 
in the amount of $50,000,000 or more or of de-
fense articles or defense services sold under a 
contract in the amount of $100,000,000 or 
more, (or, in the case of a defense article that 
is a firearm controlled under category I of the 
United States Munitions List, $1,000,000 or 
more)’’; and 
(3) by striking paragraph (5). 
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212 
SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NA-
TIONAL AND INTERNATIONAL ARMS EXPORT 
CONTROLS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President should redouble United States 
diplomatic efforts to strengthen national and international 
arms export controls by establishing a senior-level initia-
tive to ensure that those arms export controls are com-
parable to and supportive of United States arms export 
controls, particularly with respect to countries of concern 
to the United States. 
(b) REPORT.—Not later than one year after the date 
of the enactment of this Act, and annually thereafter for 
4 years, the President shall transmit to the Committee on 
Foreign Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate a report 
on United States diplomatic efforts described in subsection 
(a). 
SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EX-
PORTS. 
Section 655(b) of the Foreign Assistance Act of 1961 
(22 U.S.C. 2415(b)) is amended— 
(1) in paragraph (2), by striking ‘‘or’’ at the 
end; 
(2) in paragraph (3), by striking the period at 
the end and inserting ‘‘; or’’; and 
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213 
(3) by adding at the end the following: 
‘‘(4) were exported without a license under sec-
tion 38 of the Arms Export Control Act (22 U.S.C. 
2778) pursuant to an exemption established under 
the International Traffic in Arms Regulations, other 
than defense articles exported in furtherance of a 
letter of offer and acceptance under the Foreign 
Military Sales program or a technical assistance or 
manufacturing license agreement, including the spe-
cific exemption provision in the regulation under 
which the export was made.’’. 
SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIP-
MENT AND DEFENSE ARTICLES EXPORTED 
UNDER SECTION 38 OF THE ARMS EXPORT 
CONTROL ACT. 
Section 38 of the Arms Export Control Act (22 
U.S.C. 2778) is amended by adding at the end the fol-
lowing: 
‘‘(k) REPORT.— 
‘‘(1) IN GENERAL.—The President shall trans-
mit to the Committee on Foreign Affairs of the 
House of Representatives and the Committee on 
Foreign Relations of the Senate a report that con-
tains a detailed listing, by country and by inter-
national organization, of the total dollar value of 
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214 
major defense equipment and defense articles ex-
ported pursuant to licenses authorized under this 
section for the previous fiscal year. 
‘‘(2) INCLUSION IN ANNUAL BUDGET.—The re-
port required by this subsection shall be included in 
the supporting information of the annual budget of 
the United States Government required to be sub-
mitted to Congress under section 1105 of title 31, 
United States Code.’’. 
SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RE-
LATED COMPONENTS FROM THE UNITED 
STATES MUNITIONS LIST. 
(a) AUTHORITY.—Except as provided in subsection 
(b) and subject to subsection (d), the President is author-
ized to remove satellites and related components from the 
United States Munitions List, consistent with the proce-
dures in section 38(f) of the Arms Export Control Act (22 
U.S.C. 2778(f)). 
(b) EXCEPTION.—The authority of subsection (a) 
may not be exercised with respect to any satellite or re-
lated component that may, directly or indirectly, be trans-
ferred to, or launched into outer space by, the People’s 
Republic of China. 
(c) UNITED STATES MUNITIONS LIST.—In this sec-
tion, the term ‘‘United States Munitions List’’ means the 
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215 
list referred to in section 38(a)(1) of the Arms Export 
Control Act (22 U.S.C. 2778(a)(1)). 
(d) EFFECTIVE DATE.—The President may not exer-
cise the authority provided in this section before the date 
that is 90 days after the date of the enactment of this 
Act. 
SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF 
VIOLATIONS OF SECTION 3 OF THE ARMS EX-
PORT CONTROL ACT. 
(a) REVIEW.—The Inspector General of the Depart-
ment of State shall conduct a review of investigations by 
the Department of State during each of fiscal years 2010 
through 2014 of any and all possible violations of section 
3 of the Arms Export Control Act (22 U.S.C. 2753) with 
respect to misuse of United States-origin defense items to 
determine whether the Department of State has fully com-
plied with the requirements of such section, as well as its 
own internal procedures (and whether such procedures are 
adequate), for reporting to Congress any information re-
garding the unlawful use or transfer of United States-ori-
gin defense articles, defense services, and technology by 
foreign countries, as required by such section. 
(b) REPORT.—The Inspector General of the Depart-
ment of State shall submit to the Committee on Foreign 
Affairs of the House of Representatives and the Com-
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