314 
(A) has developed and fully implemented 
an export control regime in accordance with 
international standards; 
(B) has developed and implemented the 
appropriate or necessary legislative and func-
tional actions to target the logistical and finan-
cial networks that support terrorist organiza-
tions; and 
(C) has cooperated with the United States 
in identifying, preventing, disrupting and, 
where appropriate, prosecuting entities and in-
dividuals that assist Iran’s procurement of 
goods, services, or technology, and entities af-
filiated with the Iranian Revolutionary Guard 
Corps. 
(d) GOODS, SERVICES, OR TECHNOLOGY DEFINED.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), in this section, the term ‘‘goods, services, 
or technology’’ means— 
(A) goods, services, or technology listed 
on— 
(i)(I) the Nuclear Suppliers Group 
Guidelines for the Export of Nuclear Mate-
rial, Equipment and Technology (published 
by the International Atomic Energy Agen-
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315 
cy as Information Circular INFCIRC/254/ 
Rev. 8/Part 1, and subsequent revisions) 
and Guidelines for Transfers of Nuclear- 
Related Dual-Use Equipment, Material, 
and Related Technology (published by the 
International Atomic Energy Agency as In-
formation Circular INFCIRC/254/Rev. 7/ 
Part 2, and subsequent revisions); 
(II) the Missile Technology Control 
Regime Equipment and Technology Annex 
of June 11, 1996, and subsequent revi-
sions; 
(III) the lists of items and substances 
relating to biological and chemical weapons 
the export of which is controlled by the 
Australia Group; 
(IV) the Schedule One or Schedule 
Two list of toxic chemicals and precursors 
the export of which is controlled pursuant 
to the Convention on the Prohibition of the 
Development, Production, Stockpiling and 
Use of Chemical Weapons and on Their 
Destruction; 
(V) the Wassenaar Arrangement list 
of Dual Use Goods and Technologies and 
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316 
Munitions list of July 12, 1996, and subse-
quent revisions; 
(VI) the United States Munitions List 
under section 38 of the Arms Export Con-
trol Act (22 U.S.C. 2778) for which special 
export controls are warranted under such 
Act (22 U.S.C. 2751 et seq.); or 
(VII) the Commerce Control List 
maintained under part 774 of title 15, 
Code of Federal Regulations; or 
(B) goods, services, or technology not list-
ed on any list identified in subparagraph (A) 
but which nevertheless would be, if they were 
United States goods, services, or technology, 
prohibited for export to Iran because of their 
potential to make a material contribution to the 
development of nuclear, biological, or chemical 
weapons, or of ballistic or cruise missile sys-
tems. 
(2) EXCLUSION.—The term ‘‘goods, services, or 
technology’’ does not include goods, services, or tech-
nology that are directly related to the operation of 
the Bushehr nuclear power reactor. 
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317 
TITLE XV—HOLOCAUST 
INSURANCE ACCOUNTABILITY 
SEC. 1601. SHORT TITLE. 
This title may be cited as the ‘‘Holocaust Insurance 
Accountability Act of 2009’’. 
SEC. 1602. VALIDITY OF STATE LAWS. 
(a) VALIDITY OF LAWS CREATING CAUSE OF AC-
TION.—Any State law creating a cause of action against 
any insurer or related company based on a claim arising 
out of or related to a covered policy shall not be invalid 
or preempted by reason of any Executive agreement be-
tween the United States and any foreign country. 
(b) VALIDITY OF LAWS REQUIRING DISCLOSURE OF 
INFORMATION.—Any State law that is enacted on or after 
March 1, 1998, and that requires an insurer doing busi-
ness in that State, including any related company, to dis-
close information regarding any covered policy shall be 
deemed to be in effect on the date of the enactment of 
such law and shall not be invalid or preempted by reason 
of any Executive agreement between the United States 
and any foreign country. 
(c) WAIVER.—The President may waive the applica-
tion of subsection (a) or (b) with respect to any Executive 
agreement that is entered into between the United States 
and a foreign country on or after the date of the enact-
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318 
ment of this Act and that involves covered policies if, not 
later than 30 legislative days before the signing of the Ex-
ecutive agreement— 
(1) the President determines that the Executive 
agreement is vital to the national security interests 
of the United States; and 
(2) the President provides to the appropriate 
congressional committees a report explaining the 
reasons for such determination. 
(d) STATEMENTS OF INTEREST.—No funds may be 
used by the Department of State, or any other department 
or agency of the United States, for the purpose of issuing 
a statement of interest seeking to encourage a court in 
the United States to dismiss any claim brought to recover 
compensation arising out of or related to a covered policy. 
(e) STATUTE OF LIMITATIONS.—No court may dis-
miss a claim that is brought under a State law described 
in subsection (a) or (b) within 10 years after the date of 
the enactment of this Act on the ground that the claim 
is barred under any statute of limitations. 
SEC. 1603. APPLICABILITY. 
This title shall apply to any claim that is brought, 
before, on, or after the date of the enactment of this Act, 
under a State law described in subsection (a) or (b), in-
cluding— 
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319 
(1) any claim dismissed, before the date of the 
enactment of this Act, on the ground of executive 
preemption; and 
(2) any claim that is deemed released as a re-
sult of the settlement of a class action that was en-
tered into before the date of the enactment of this 
title, if the claimant did not receive any payment 
pursuant to the settlement. 
SEC. 1604. DEFINITIONS. 
In this title: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—The term ‘‘appropriate congressional com-
mittees’’ means the Committee on Foreign Affairs in 
the House of Representatives, the Committee on 
Foreign Relations in the Senate, and the Commit-
tees on the Judiciary of the House of Representa-
tives and the Senate. 
(2) COVERED POLICY.— 
(A) IN GENERAL.—The term ‘‘covered pol-
icy’’ means any life, dowry, education, property, 
or other insurance policy that— 
(i) was in effect at any time after 
January 30, 1933, and before December 
31, 1945; and 
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320 
(ii) was issued to a policyholder domi-
ciled in any area that was occupied or con-
trolled by Nazi Germany. 
(B) NAZI GERMANY.—In this paragraph, 
the term ‘‘Nazi Germany’’ means— 
(i) the Nazi government of Germany; 
and 
(ii) any government in any area occu-
pied by the military forces of the Nazi gov-
ernment of Germany. 
(3) INSURER.—The term ‘‘insurer’’ means any 
person engaged in the business of insurance (includ-
ing reinsurance) in interstate or foreign commerce, 
if the person issued a covered policy, or a successor 
in interest to such person. 
(4) LEGISLATIVE DAYS.—The term ‘‘legislative 
days’’ means those days on which both Houses of 
Congress are in session. 
(5) RELATED
COMPANY.—The term ‘‘related 
company’’ means an affiliate, as that term is defined 
in section 104(g) of the Gramm-Leach-Bliley Act 
(15 U.S.C. 6701(g)). 
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321 
TITLE XVI—BELARUS ARMS 
TRANSFERS ACCOUNTABILITY 
SEC. 1701. SHORT TITLE. 
This title may be cited as the ‘‘Belarus Arms Trans-
fers Accountability Act of 2009’’. 
SEC. 1702. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the Secretary of State should take into con-
sideration the continuing reports of arms sales by 
Belarus to state sponsors of terrorism and states 
that do not fully cooperate with the United States 
in its anti-terrorism efforts, as well as any informa-
tion gathered in the process of drafting the report 
to the appropriate congressional committees required 
under this title, and carefully consider whether the 
imposition of existing terrorism and nonproliferation 
sanctions would be appropriate to deter any such 
arms sales by Belarus; and 
(2) any use by Iran of civilian nuclear coopera-
tion agreements with other countries as a means to 
proliferate weapons technology and expertise to 
countries such as Venezuela, either directly or by 
means of arrangements with Belarus or other coun-
tries would not be in the interest of the United 
States. 
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322 
SEC. 1703. REPORT. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act, and on annual basis 
thereafter, the Secretary of State shall transmit to the ap-
propriate congressional committees a report that de-
scribes, with respect to the preceding 12-month period, the 
following: 
(1) The scale and modalities of exports of weap-
ons and related services by the Government of 
Belarus and Belarusian enterprises, including reve-
nues flows, and the potential role of the government 
and enterprise of the Russian Federation in such ex-
ports and revenues. 
(2) The status of the stockpiles of weapons in-
herited by Belarus from the former Soviet regime, 
including a determination as to the role such stock-
piles may continue to play in the export of weapons 
by Belarus, and an assessment of the capability of 
Belarusian enterprises to manufacture conventional 
and advanced weaponry and provide services for 
such sales. 
(3) A determination as to whether civilian nu-
clear cooperation agreements and activities involving 
Iran, Belarus, or Venezuela are being used as a 
means to proliferate nuclear arms technology and 
expertise. 
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323 
(4) The sale or delivery of weapons or weapons- 
related technologies from Belarus to any country 
that is designated as a state sponsor of terrorism or 
not 
fully 
cooperating 
with 
United 
States 
antiterrorism efforts for purposes of section 40A of 
the Arms Export Control Act, including Venezuela. 
(b) FORM.—The report shall be in an unclassified 
form but may include a classified annex. 
SEC. 1704. STATE SPONSOR OF TERRORISM DEFINED. 
In this title, the term ‘‘state sponsor of terrorism’’ 
means a country the government of which the Secretary 
of State has determined, 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 any other provision of law, 
to be a government that has repeatedly provided support 
for acts of international terrorism. 
TITLE XVII—ASIA-PACIFIC ECO-
NOMIC COOPERATION FORUM 
ENGAGEMENT 
SEC. 1801. ASIA-PACIFIC ECONOMIC COOPERATION. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
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324 
(1) the United States continued engagement in 
Asia must be a cornerstone of United States foreign 
policy in the 21st Century; 
(2) the President must elevate the role of the 
United States in the Asia-Pacific Economic Coopera-
tion forum (APEC) by ensuring that United States 
Government officials of the appropriate rank attend 
APEC activities; and 
(3) increased participation by United States 
small businesses, particularly manufacturers, will 
add substantial benefit to APEC discussions and 
help strengthen the influence of the United States 
within APEC. 
(b) SMALL BUSINESS DEFINED.—In this section, the 
term ‘‘small business’’ shall have the meaning given the 
term ‘‘small business concern’’ in section 410(9) of the 
Small Business Investment Act of 1958 (15 U.S.C. 
694a(9)). 
(c) UNITED STATES PARTICIPATION AT APEC.— 
(1) DESIGNATION OF APEC COORDINATORS.— 
The President shall designate in appropriate depart-
ments and agencies an existing official compensated 
at a rate of basic pay not less than the minimum 
rate of basic pay payable to a member of the Senior 
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