289 
retary of State Madeleine Albright and former Sec-
retary of Defense William Cohen offers a valuable 
blueprint for strengthening United States capacities 
to help prevent genocide and mass atrocities. 
(3) Specific training and staffing will enhance 
the diplomatic capacities of the Department of State 
to help prevent and respond to threats of genocide 
and mass atrocities. 
(b) REPORT.— 
(1) REPORT REQUIRED.—Not later than 180 
days after the date of the enactment of this Act, the 
Secretary of State shall submit to the appropriate 
congressional committees a report outlining specific 
plans for the development of a government-wide 
strategy and the strengthening of United States ci-
vilian capacities for preventing genocide and mass 
atrocities against civilians. 
(2) CONTENT.—The report required under 
paragraph (1) shall include the following: 
(A) An evaluation of current mechanisms 
for government-wide early warning, informa-
tion-sharing, contingency planning, and coordi-
nation of effort to prevent and respond to situa-
tions of genocide, mass atrocities, and other 
mass violence.
290 
(B) An assessment of current capacities 
within the Department of State, including spe-
cific staffing and training, for early warning, 
preventive diplomacy, and crisis response to 
help avert genocide and mass atrocities. 
(C) An evaluation of United States foreign 
assistance programs and mechanisms directed 
toward the prevention of genocide and mass 
atrocities, including costs, challenges to imple-
mentation, and successes of such programs and 
mechanisms. 
(D) An assessment of the feasibility, effec-
tiveness, and potential costs of implementing 
key recommendations made by the Genocide 
Prevention Task Force, including the establish-
ment of an Atrocities Prevention Committee 
within the National Security Council and in-
creased annual and contingency funding for the 
prevention of genocide and mass atrocities. 
(E) Recommendations to further strength-
en United States capacities to help prevent 
genocide, mass atrocities, and other mass vio-
lence, including enhanced early warning mecha-
nisms, strengthened diplomatic capacities of the
291 
Department of State, and improved use of 
United States foreign assistance. 
SEC. 1003. REPORTS RELATING TO PROGRAMS TO ENCOUR-
AGE GOOD GOVERNANCE. 
(a) IN GENERAL.—Subparagraph (C) of section 
133(d)(2) of the Foreign Assistance Act of 1961 (22 
U.S.C. 2152c(d)(2)) is amended by inserting before the 
period at the end the following: ‘‘, including, with respect 
to a country that produces or exports large amounts of 
natural resources such as petroleum or natural resources, 
the degree to which citizens of the country have access 
to information about government revenue from the extrac-
tion of such resources and credible reports of human 
rights abuses against individuals from civil society or the 
media seeking to monitor such extraction’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to reports required 
to be transmitted under section 133(d)(2) of the Foreign 
Assistance Act of 1961, as so amended, on or after the 
date of the enactment of this Act. 
SEC. 1004. REPORTS ON HONG KONG. 
Section 301 of the United States-Hong Kong Policy 
Act of 1992 (Public Law 102–383; 22 U.S.C. 5731) is 
amended, in the matter preceding paragraph (1), by strik-
ing ‘‘and March 31, 2006’’ and inserting ‘‘March 31,
292 
2006, and March 31, 2010, and March 31 of every subse-
quent year through 2020,’’. 
SEC. 1005. DEMOCRACY IN GEORGIA. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the development and consolidation of effective 
democratic governance in Georgia, including free and fair 
electoral processes, respect for human rights and the rule 
of law, an independent media, an independent judiciary, 
a vibrant civil society, as well as transparency and ac-
countability of the executive branch and legislative proc-
ess, is critically important to Georgia’s integration into 
Euro-Atlantic institutions, stability in the Caucasus re-
gion, and United States national security. The United 
States should urge the European Union, its member 
states, and the international community to call for an im-
mediate and complete withdrawal of Russian troops de-
ployed within Georgia in accordance with the August and 
September 2008 ceasefire agreements and for Russia to 
rescind its recognition of the independence of Abkhazia 
and South Ossetia. 
(b) REPORT ON DEMOCRACY IN GEORGIA.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, and not 
later than December 31 of each of the two fiscal 
years thereafter, the Secretary of State shall submit
293 
to the appropriate congressional committees a report 
on the programs, projects, and activities carried out 
in Georgia with United States foreign assistance fol-
lowing the August 2008 conflict with Russia. 
(2) CONTENTS.—The report required under 
paragraph (1) shall include information concerning 
the following: 
(A) The amount of United States assist-
ance obligated and expended for reconstruction 
activities for the prior fiscal year. 
(B) A description of the programs funded 
by such assistance, including humanitarian aid, 
reconstruction of critical infrastructure, eco-
nomic development, political and democratic de-
velopment, and broadcasting. 
(C) An evaluation of the impact of such 
programs, including their contribution to the 
consolidation of democracy in Georgia and ef-
forts by the Government of Georgia to improve 
democratic governance. 
(D) An analysis of the implementation of 
the United States-Georgia Charter on Strategic 
Partnership.
294 
SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should assist Israel in its ef-
forts to establish diplomatic relations. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act and annually thereafter, the 
Secretary of State shall submit to the appropriate congres-
sional committees a report that includes the following in-
formation: 
(1) Actions taken by representatives of the 
United States to encourage other countries to estab-
lish full diplomatic relations with Israel. 
(2) Specific responses solicited and received by 
the Secretary from countries that do not maintain 
full diplomatic relations with Israel with respect to 
their attitudes toward and plans for entering into 
diplomatic relations with Israel. 
(3) Other measures being undertaken, and 
measures that will be undertaken, by the United 
States to ensure and promote Israel’s full participa-
tion in the world diplomatic community. 
(c) FORM
OF SUBMISSION.—The report required 
under subsection (b) may be submitted in classified or un-
classified form, as the Secretary determines appropriate.
295 
SEC. 1007. POLICE TRAINING REPORT. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act, the President shall, in 
coordination with the heads of relevant Federal depart-
ments and agencies, conduct a study and transmit to the 
appropriate congressional committees and the Committee 
on Armed Services of the House of Representatives and 
the Committee on Armed Services of the Senate a report 
on current overseas civilian police training in countries or 
regions that are at risk of, in, or are in transition from, 
conflict or civil strife. 
(b) CONTENTS.—The report required under sub-
section (a) shall contain information on the following: 
(1) The coordination, communication, program 
management, and policy implementation among the 
United States civilian police training programs in 
countries or regions that are at risk of, in, or are 
in transition from, conflict or civil strife. 
(2) The number of private contractors con-
ducting such training, and the quality and cost of 
such private contractors. 
(3) An assessment of pre-training procedures 
for verification of police candidates to adequately as-
sess their aptitude, professional skills, integrity, and 
other qualifications that are essential to law enforce-
ment work.
296 
(4) An analysis of the practice of using existing 
Federal police entities to provide civilian police 
training in countries or regions that are at risk of, 
in, or are in transition from, conflict or civil strife, 
along with the subject matter expertise that each 
such entity may provide to meet local needs in lieu 
of the use of private contractors. 
(5) Provide recommendations, including rec-
ommendations related to required resources and ac-
tions, to maximize the effectiveness and interagency 
coordination and the adequate provision of civilian 
police training programs in countries or regions that 
are at risk of, in, or are in transition from, conflict 
or civil strife. 
SEC. 1008. REPORTS ON HUMANITARIAN ASSISTANCE IN 
GAZA. 
(a) IN GENERAL.—Not later than 180 days after the 
date of the enactment of this Act and 1 year thereafter, 
the Secretary of State shall submit to the appropriate con-
gressional committees a report detailing the humanitarian 
conditions and efficacy and obstacles to humanitarian and 
reconstruction assistance activities in Gaza. 
(b) CONTENTS.—The reports required under sub-
section (a) shall include the following:
297 
(1) An assessment of the level of access to basic 
necessities in Gaza, including food, fuel, water, sani-
tation, education, and healthcare. 
(2) An assessment of the ability to successfully 
deliver and distribute humanitarian and reconstruc-
tion goods and supplies. 
(3) A description of the efforts of the United 
States and its allies to facilitate the receipt and dis-
tribution of humanitarian and reconstruction assist-
ance in Gaza. 
(4) An assessment of the obstacles to the deliv-
ery of humanitarian and reconstruction assistance, 
including the activities and policies of Hamas and 
any organization designated as a foreign terrorist or-
ganization under section 219 of the Immigration and 
Nationality Act. 
(5) Recommendations for actions the United 
States can take to best improve the level of access 
to basic necessities referred to in paragraph (1) and 
overcome obstacles described in paragraphs (2) 
through (4). 
(6) An assessment of the policy prohibiting per-
sonnel of the Department of State and the United 
States Agency for International Development from 
traveling to Gaza following the tragic roadside
298 
bombing in 2003. Such an assessment should con-
sider and evaluate the prospects that such personnel 
might resume humanitarian assistance operations or 
commence monitoring functions relating to humani-
tarian aid distribution in Gaza in order to ascertain 
that United States foreign assistance is not misused 
in ways that benefit any organization designated as 
a foreign terrorist organization under section 219 of 
the Immigration and Nationality Act (8 U.S.C. 
1189). 
SEC. 1009. REPORT ON ACTIVITIES IN HAITI. 
Not later than 180 days after the date of the enact-
ment of this Act, the Secretary of State shall submit to 
the appropriate congressional committees a report on the 
following: 
(1) HURRICANE EMERGENCY RECOVERY.—The 
status of activities in Haiti funded or authorized, in 
whole or in part, by the Department of State and 
the United States Agency for International Develop-
ment (USAID) through assistance appropriated 
under the Consolidated Security, Disaster Assist-
ance, and Continuing Appropriations Act, 2009. 
(2) GENERAL ACTIVITIES.—A summary of ac-
tivities funded or authorized, in whole or in part, by 
the Department of State and USAID in the previous
299 
12-month period, how such activities supplement the 
work of the Government of Haiti to provide a safe 
and prosperous democracy for its citizens, and a 
timetable for when management and implementation 
of such activities will be turned over to the Govern-
ment of Haiti or Haitian nationals. 
(3) COORDINATION.—A description of how 
United States assistance is coordinated— 
(A) among United States departments and 
agencies; and 
(B) with other donors to Haiti, including 
programs through the United Nations, the 
Inter-American Development Bank, and the Or-
ganization of American States. 
(4) BENCHMARKS.—A summary of short-term 
and long-term objectives for United States assist-
ance to Haiti and metrics that will be used to iden-
tify, track, and manage the progress of United 
States activities in Haiti. 
SEC. 1010. REPORT ON RELIGIOUS MINORITY COMMU-
NITIES IN THE MIDDLE EAST. 
(a) INITIATIVE
AUTHORIZED.—The Secretary of 
State is authorized to undertake a focused initiative to 
monitor the status of and provide specific policy rec-
300 
ommendations to protect vulnerable religious minorities 
throughout the Middle East region. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, and 1 year thereafter, the 
Secretary of State shall submit to the appropriate congres-
sional committees a report on the humanitarian conditions 
of religious minority communities in the Middle East and 
efficacy and obstacles to humanitarian assistance activities 
to help meet the basic needs of vulnerable persons affili-
ated with minority religions in the Middle East, and rec-
ommendations to mitigate adverse humanitarian cir-
cumstances facing such persons. 
SEC. 1011. IRAN’S INFLUENCE IN THE WESTERN HEMI-
SPHERE. 
(a) FINDINGS.—Congress finds the following: 
(1) The 2008 Country Report on Terrorism 
states that ‘‘Iran and Venezuela continued weekly 
flights connecting Tehran and Damascus with Cara-
cas. Passengers on these flights were reportedly sub-
ject to only cursory immigration and customs con-
trols at Simon Bolivar International Airport in Ca-
racas.’’. 
(2) The Governments of Venezuela and Iran 
have forged a close relationship.
301 
(3) Iran has sought to strengthen ties with sev-
eral countries in the Western Hemisphere in order 
to undermine United States foreign policy. 
(b) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State shall 
submit to the appropriate congressional committees a re-
port that includes actions taken by the Government of 
Iran and Hezbollah in the Western Hemisphere. A classi-
fied annex may be included, if necessary. 
SEC. 1012. RECRUITMENT AND HIRING OF VETERANS AT 
THE DEPARTMENT OF STATE AND UNITED 
STATES AGENCY FOR INTERNATIONAL DE-
VELOPMENT. 
(a) FINDINGS.—Congress finds the following: 
(1) Building a more expeditionary and capable 
Department of State and United States Agency for 
International Development requires recruitment of 
personnel with experience working in unstable areas. 
(2) Veterans of the Armed Forces have special-
ized experience gained from working under stressful 
circumstances in hostile, foreign environments or 
under difficult circumstances. 
(3) The Foreign Service Act of 1980 states that 
‘‘The fact that an applicant for appointment as a 
Foreign Service officer candidate is a veteran or dis-
302 
abled veteran shall be considered an affirmative fac-
tor in making such appointments.’’. 
(4) In 1998, Congress enacted the Veterans 
Employment Opportunities Act (VEOA), requiring 
that Federal agencies must allow preference eligibles 
and certain veterans to apply for positions an-
nounced under merit promotion procedures whenever 
an agency is recruiting from outside its own work-
force. 
(5) The annual report of the Office of Per-
sonnel Management on ‘‘The Employment of Vet-
erans in the Federal Government’’ for fiscal year 
2007, detailing the efforts by all agencies of the 
Federal Government to hire veterans, reported that 
15.6 percent of all Department of State employees 
were veterans. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the Department of State and the United States 
Agency for International Development should intensify 
their efforts to recruit more veterans, that those appli-
cants who are entitled to five or ten point veterans pref-
erence have also served in the Armed Forces in areas of 
instability with specialties such as civil affairs, law en-
forcement, and assignments where they regularly per-
formed other nation-building activities, and that this expe-
303 
rience should be an additional affirmative factor in making 
appointments to serve in the Foreign Service. 
(c) REPORT.—Not later than 90 days after the date 
of the enactment of this Act, the Secretary of State and 
the Administrator of the United States Agency for Inter-
national Development shall jointly submit to Congress a 
report on the efforts of the Department of State and the 
United States Agency for International Development to 
improve the recruitment of veterans into their respective 
workforces. 
SEC. 1013. REPORT ON CHILD ABDUCTION. 
Not later than 60 days after the date of the enact-
ment of this Act, the Secretary of State shall submit to 
Congress a report containing recommendations for 
changes to the Hague Convention on the Civil Aspects of 
International Child Abduction and related United States 
laws and regulations regarding international parental 
child abduction that would, if enacted, provide the United 
States additional legal tools to ensure compliance with the 
Hague Convention and facilitate the swift return of 
United States children wrongfully removed from the 
United States as a result of international parental child 
abduction, such as in the case of Sean Goldman of Tinton 
Falls, New Jersey.
304 
SEC. 1014. REPORT ON EFFECTS OF BUY AMERICA ACT 
WAIVERS UNDER THE PEPFAR PROGRAM. 
(a) STUDY.—The Comptroller General of the United 
States shall conduct a study of the effects of the United 
States Agency for International Development’s use of 
waivers under the Buy America Act for HIV test kits 
under the President’s Emergency Plan for AIDS Relief 
(PEPFAR) program on— 
(1) United States-based manufacturers; and 
(2) availability of and access to HIV testing for 
at-risk populations in low-income countries. 
(b) REPORT.—Not later than 180 days after the date 
of the enactment of this Act, the Comptroller General shall 
submit to Congress a report on the results of the study 
required under subsection (a). 
SEC. 1015. REPORT ON UNITED STATES-BRAZIL JOINT AC-
TION PLAN TO ELIMINATE RACIAL DISCRIMI-
NATION. 
Not later than 180 days after the date of the enact-
ment of this Act and 1 year thereafter, the Secretary of 
State shall submit to the appropriate congressional com-
mittees a report detailing the status, efficacy, and coordi-
nation of the United States-Brazil Joint Action Plan to 
Eliminate Racial Discrimination, and a summary of short 
and long-term efforts to address the plight of in Afro
305 
Latinos and indigenous peoples in the Western Hemi-
sphere through cooperation and bilateral efforts. 
SEC. 1016. REPORT ON REDUCING SMUGGLING AND TRAF-
FICKING IN PERSONS. 
The Secretary of State, in consultation with the 
heads of other relevant Federal departments and agencies, 
shall conduct a cost-benefit analysis and submit to Con-
gress a report on how best to use United States funds 
to reduce smuggling and trafficking in persons. 
SEC. 1017. REPORT ON WESTERN HEMISPHERE TRAVEL INI-
TIATIVE. 
Not later than 18 months after the date of enactment 
of this Act, the Secretary of State shall submit to Con-
gress a report on the effects of the Western Hemisphere 
Travel Initiative (WHTI) on the flow of people, goods, and 
services across the international borders of the United 
States, Canada, Mexico, Bermuda, and the Caribbean re-
gion, with particular emphasis on whether WHTI has been 
effective in meeting its goal of strengthening United 
States border security and enhancing accountability of in-
dividuals entering the United States, and an assessment 
of the economic impact associated with WHTI and its ef-
fects on small businesses.
306 
SEC. 1018. REPORT ON UNITED STATES CONTRIBUTIONS TO 
THE UNITED NATIONS. 
(a) IN GENERAL.—Not later than 90 days after the 
date of the enactment of this Act and annually thereafter 
for the next 2 years, the President shall submit to Con-
gress a report, with respect to the preceding fiscal year, 
listing each United States agency, department, or entity 
that provides assessed or voluntary contributions to the 
United Nations and United Nations affiliated agencies 
and related bodies through grants, contracts, subgrants, 
or subcontracts that is not fully compliant with the re-
quirements to post such funding information for the fiscal 
year 
covered 
by 
such 
report 
on 
the 
website 
‘‘USAspending.gov’’ as required by the Federal Funding 
Accountability and Transparency Act (Public Law 109– 
282). 
(b) AVAILABILITY TO PUBLIC.—The Office of Man-
agement and Budget shall post a public version of each 
report submitted under subsection (a) on a text-based 
searchable and publicly available Internet website. 
TITLE XI—MISCELLANEOUS 
PROVISIONS 
Subtitle A—General Provisions 
SEC. 1101. BILATERAL COMMISSION WITH NIGERIA. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that not later than 180 days after the date of the
307 
enactment of this Act, the President should establish a 
bilateral commission between the United States and Nige-
ria to support bilateral cooperation in the areas of— 
(1) trade and development; 
(2) economic integration; 
(3) infrastructure planning, finance, develop-
ment, and management; 
(4) budget reform and public finance manage-
ment; 
(5) higher education, including applied re-
search; 
(6) energy; 
(7) peace and security reform; 
(8) rule of law; 
(9) anti-corruption efforts, establishment of 
greater transparency, and electoral reform; and 
(10) monitoring whether bilateral efforts under-
taken between respective Federal, State, and local 
governments are achieving the goals set forth by the 
Governments of the United States and Nigeria. 
(b) BILATERAL COMMISSION.— 
(1) COMPOSITION.—If the President establishes 
the bilateral commission referred to in subsection 
(a), the commission should have an equal number of 
members representing the United States and Nigeria
308 
and appointed by the respective Presidents of each 
country. Members should include representatives of 
Federal, State, and local governments, the private 
sector, and civil society organizations. 
(2) FUNCTIONS.—The commission should— 
(A) work to establish a bilateral process 
that establishes the mission, goals, and objec-
tives of a bilateral partnership and establish 
guidelines for accountability and rules to meas-
ure the effectiveness for any initiatives under-
taken; 
(B) monitor bilateral technical assistance 
and capacity building projects that are con-
sistent with and further the mission, goals, and 
objectives established by the commission; and 
(C) submit to the United States President, 
the United States Congress, the Nigerian Presi-
dent, and the Nigerian National Assembly a re-
port on the amount of progress achieved on 
projects undertaken by the two governments to 
achieve bilaterally determined goals established 
by the commission. 
(3) MONITORING OF PROJECTS.—The commis-
sion should select and monitor specific projects that 
involve an exchange of personnel between the Gov-
309 
ernments of the United States and Nigeria to deter-
mine whether technical assistance and capacity 
building are being used effectively and whether mu-
tual benefit is being gained through the implementa-
tion of such bilateral projects. 
(4) REVIEW AND REPORT.—The Secretary of 
State should review the work of the commission and 
annually submit to the President and Congress a re-
port on whether progress has been made to meet the 
goals set forth by the commission and whether bilat-
eral efforts have served the interest of United States 
and Nigerian bilateral relations. 
(5) UNITED STATES CONTRIBUTIONS.—United 
States contributions to support the Commission 
should be financed through existing resources. 
SEC. 1102. AUTHORITIES RELATING TO THE SOUTHERN AF-
RICA ENTERPRISE DEVELOPMENT FUND. 
(a) USE OF PRIVATE VENTURE CAPITAL.— 
(1) IN GENERAL.—In order to maximize the ef-
fectiveness of the activities of the Southern Africa 
Enterprise Development Fund, the Fund may con-
duct public offerings or private placements for the 
purpose of soliciting and accepting private venture 
capital which may be used, separately or together 
with funds made available from the United States
310 
Government, for any lawful investment purpose that 
the Board of Directors of the Fund may determine 
in carrying out the activities of the Fund. 
(2) DISTRIBUTION OF FINANCIAL RETURNS.— 
Financial returns on Fund investments that include 
a component of private venture capital may be dis-
tributed, at such times and in such amounts as the 
Board of Directors of the Fund may determine, to 
the investors of such capital. 
(b) NONAPPLICABILITY OF OTHER LAWS.— 
(1) IN GENERAL.—Funds made available from 
the United States Government to the Fund may be 
used for the purposes of the agreement between the 
United States Government and the Fund notwith-
standing any other provision of law. 
(2) SUPPORT
FROM
FEDERAL
DEPARTMENTS 
AND AGENCIES.—The heads of Federal departments 
and agencies may conduct programs and activities 
and provide services in support of the activities of 
the Fund notwithstanding any other provision of 
law. 
(c) DEFINITION.—In this section, the term ‘‘South-
ern Africa Enterprise Development Fund’’ or ‘‘Fund’’ in-
cludes—
311 
(1) any successor or related entity to the South-
ern Africa Enterprise Development Fund that is ap-
proved the United States Government; and 
(2) any organization, corporation, limited-liabil-
ity partnership, foundation, or other corporate struc-
ture that receives, or is authorized by the United 
States Government to manage, any or all of the re-
maining funds or assets of the Southern Africa En-
terprise Development Fund. 
SEC. 1103. DIABETES TREATMENT AND PREVENTION AND 
SAFE WATER AND SANITATION FOR PACIFIC 
ISLAND COUNTRIES. 
(a) IN GENERAL.—There is authorized to be appro-
priated $500,000 for each of fiscal years 2010 and 2011 
to establish a diabetes prevention and treatment program 
for Pacific Island countries and for safe water and sanita-
tion. 
(b) PACIFIC ISLAND COUNTRIES DEFINED.—In this 
section, the term ‘‘Pacific Island countries’’ means Fiji, 
Kiribati, the Marshall Islands, the Federated States of Mi-
cronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, 
Solomon Islands, Tonga, Tuvalu, and Vanuatu. 
SEC. 1104. STATELESSNESS. 
(a) PURPOSE.—It is the purpose of this section to 
increase global stability and security for the United States
312 
and the international community and decrease trafficking 
and discrimination by reducing the number of individuals 
who are de jure or de facto stateless and as a consequence 
are unable to avail themselves of their right to a nation-
ality and its concomitant rights and obligations and are 
excluded from full participation in civil society. 
(b) FINDINGS.—Congress finds the following: 
(1) The right to a nationality is a foundation of 
human rights, and a deterrent to displacement and 
disaffection. The State is the primary vehicle 
through which individuals are guaranteed their in-
alienable rights and are made subject to the rule of 
law. Regional stability and security are undermined 
when individuals cannot avail themselves of their 
right to a nationality and its concomitant rights and 
obligations and are excluded from full participation 
in civil society. 
(2) The right to a nationality and citizenship is 
therefore specifically protect in international declara-
tions and treaties, including Article 15 of the Uni-
versal Declaration of Human Rights, the 1954 Con-
vention Relating to the Status of Stateless Persons, 
the 1961 Convention on the Reduction of Stateless-
ness, Article 24 of the International Covenant on 
Civil and Political Rights, and Article 9(2) of the
313 
Convention on the Elimination of Discrimination 
Against Women. 
(3) In the 21st century, the adverse effects of 
de jure or de facto statelessness still impact at least 
an estimated 11,000,000 million people worldwide, 
who are unable to avail themselves of the rights of 
free people everywhere to an effective nationality, to 
the rights to legal residence, to travel, to work in the 
formal economy or professions, to attend school, to 
access basic health services, to purchase or own 
property, to vote, or to hold elected office, and to 
enjoy the protection and security of a country. 
(c) THE UNITED NATIONS.— 
(1) POLICY.—It shall be the policy of the 
United States that the President and the Permanent 
Representative of the United States to the United 
Nations work with the international community to 
increase political and financial support for the work 
of the United Nations High Commissioner for Refu-
gees (UNHCR) to prevent and resolve problems re-
lated to de jure and de facto statelessness, and to 
promote the rights of the de jure or de facto state-
less, by taking these and other actions: 
(A) Increasing the attention of the United 
Nations and the UNHCR to de jure and de
314 
facto statelessness and increasing its capacity 
to reduce statelessness around the world by co-
ordinating the mainstreaming of de jure and de 
facto statelessness into all of the United Na-
tions human rights work, in cooperation with all 
relevant United Nations agencies. 
(B) Urging United Nations country teams 
in countries with significant de jure or de facto 
stateless populations to devote increasing atten-
tion and resources to undertake coordinated ef-
forts by all United Nations offices, funds, and 
programs to bring about the full registration 
and documentation of all persons resident in 
the territory of each country, either as citizens 
or as individuals in need of international protec-
tion. 
(C) Urging the creation of an Inter-Agency 
Task Force on Statelessness with representa-
tion from the UNHCR, the United Nations 
Children’s Fund (UNICEF), and other relevant 
United Nations agencies that will coordinate to 
increase agency awareness and information ex-
change on de jure and de facto statelessness to 
ensure a consistent and comprehensive ap-
315 
proach to the identification of stateless groups 
and individuals and resolution of their status. 
(D) Urging that nationality and de jure 
and de facto statelessness issues are addressed 
in all country reviews conducted by United Na-
tions treaty bodies and relevant special mecha-
nisms engaged in country visits, and pursuing 
creation of a standing mechanism within the 
United Nations to complement the work of the 
UNHCR in addressing issues of de jure and de 
facto statelessness that give rise to urgent 
human rights or security concerns. 
(E) Urging the UNHCR to include nation-
ality and statelessness in all country-specific 
and thematic monitoring, reporting, training, 
and protection activities, and across special pro-
cedures, and to designate at least one human 
rights officer to monitor, report, and coordinate 
the office’s advocacy on nationality and de jure 
and de facto statelessness. 
(F) Urging the United Nations to ensure 
that its work on trafficking includes measures 
to restore secure citizenship to trafficked 
women and girls, and to work with Member 
States to guarantee that national legislation
316 
gives women full and equal rights regarding 
citizenship. 
(G) Urging the United Nations to increase 
its capacity to respond to the needs of de jure 
or de facto stateless individuals, particularly 
children, and to strengthen and expand the 
United Nations protection and assistance activi-
ties, particularly in field operations, to better 
respond to the wide range of protection and as-
sistance needs of de jure or de facto stateless 
individuals. 
(H) Urging the UNICEF to increase its 
efforts to encourage all Member States of the 
United Nations to permit full and easy access 
to birth registration for all children born in 
their territories, particularly in Member States 
in which there are displaced populations, and 
work with the UNHCR and Member States to 
ensure the issuance of birth certificates to all 
children born to refugees and displaced persons. 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated $5,000,000 
for each of fiscal years 2010 and 2011 to be made 
available to improve the UNHCR’s assistance to de
317 
jure or de facto stateless individuals. Such funds 
may be used to— 
(A) protect the rights, meet emergency hu-
manitarian needs, and provide assistance to de 
jure or de facto stateless groups and individ-
uals; 
(B) provide additional resources to— 
(i) increase the number of protection 
officers; 
(ii) increase the number of profes-
sional staff in the statelessness unit; and 
(iii) train protection officers and 
United Nations country teams in the field 
to identify, reduce, protect, and prevent de 
jure and de facto statelessness; 
(C) improve identification of de jure or de 
facto stateless groups and individuals by car-
rying out a comprehensive annual study of the 
scope of de jure and de facto statelessness 
worldwide, including causes of de jure and de 
facto statelessness and dissemination of best 
practices for remedying de jure and de facto 
statelessness; and 
(D) increase the United Nations edu-
cational and technical assistance programs to
318 
prevent de jure and de facto statelessness, in-
cluding outreach to Member States and their 
legislatures, with particular emphasis on those 
countries determined to have protracted de jure 
or de facto statelessness situations. 
(3) AUTHORIZATION
OF
APPROPRIATIONS
TO 
THE
UNICEF.—There is authorized to be appro-
priated $3,000,000 for each of fiscal years 2010 and 
2011 to augment to the UNICEF’s ability to aid 
countries with significant de jure or de facto state-
less populations to bring about the full registration 
of all children born to de jure or de facto stateless 
parents. 
(d) THE UNITED STATES.— 
(1) FOREIGN POLICY.—Given the importance of 
obtaining and preserving nationality and the protec-
tion of a government, and of preventing the exploi-
tation or trafficking of de jure or de facto stateless 
groups or individuals, the President shall make the 
prevention and reduction of de jure or de facto 
statelessness an important goal of United States for-
eign policy and human rights efforts. Such efforts 
shall include—
319 
(A) calling upon host countries to protect 
and assume responsibility for de jure or de 
facto stateless groups or individuals; 
(B) working with countries of origin to fa-
cilitate the resolution of problems faced by de 
jure or de facto stateless groups or individuals; 
(C) working with countries of origin and 
host countries to facilitate the resolution of dis-
putes and conflicts that cause or result in the 
creation of de jure or de facto statelessness; 
(D) encouraging host countries to afford 
de jure or de facto stateless groups or individ-
uals the full protection of the 1954 Convention 
Relating to the Status of Stateless Persons and 
the 1961 Convention on the Reduction of State-
lessness and all relevant international conven-
tions; 
(E) directing the Secretary of State to pro-
vide assistance to countries to prevent and re-
solve situations of de jure or de facto stateless-
ness and to prevent the trafficking or exploi-
tation of de jure or de facto stateless individ-
uals; 
(F) directing the Office of Trafficking in 
Persons of the Department of State to continue
320 
to document and analyze the effects of state-
lessness on trafficking in persons, both as a 
cause of trafficking and as an obstacle to reach-
ing and assisting trafficked persons; and 
(G) encouraging and facilitating the work 
of nongovernmental organizations in the United 
States and abroad that provide legal and hu-
manitarian support to de jure or de facto state-
less groups or individuals, to increase the access 
of de jure or de facto stateless groups or indi-
viduals to such organizations, and to encourage 
other governments to provide similar support 
and access. 
(2) UNITED STATES ACTIVITIES.— 
(A) IN GENERAL.—Given the importance 
of preventing new instances of de jure or de 
facto statelessness and the trafficking of de jure 
or de facto stateless individuals, and of pro-
tecting the human rights of de jure or de facto 
stateless individuals, the President shall submit 
to the Committee on Foreign Affairs and the 
Committee on the Judiciary of the House of 
Representatives and the Committee on Foreign 
Relations and the Committee on the Judiciary
321 
of the Senate a report that includes the fol-
lowing: 
(i) A list of countries and territories 
with significant de jure or de facto state-
less populations under their jurisdictions 
and the conditions and consequences of 
such de jure or de facto statelessness of 
such individuals. 
(ii) United States international efforts 
to prevent further de jure or de facto 
statelessness and encourage the granting 
of full legal protection of the human rights 
of de jure or de facto stateless individuals. 
(B) STATEMENT OF POLICY.—It shall be 
the policy of the United States to comply with 
the principles and provisions of the 1954 Con-
vention Relating to the Status of Stateless Per-
sons and the 1961 Convention on the Reduction 
of Statelessness to the fullest extent possible 
and to encourage other countries to do so as 
well. 
(C) ACTIONS BY SECRETARY OF STATE.— 
(i) INCREASE
IN
RESOURCES
AND 
STAFF.—The Secretary of State shall per-
manently increase in the Bureau of Popu-
322 
lation, Refugees, and Migration in the De-
partment of State the resources dedicated 
to and staff assigned to work toward the 
prevention and resolution of de jure and de 
facto statelessness and the protection of de 
jure or de facto stateless individuals. 
(ii) COORDINATION.—To coordinate 
United States policies toward combating de 
jure and de facto statelessness, the Sec-
retary of State shall establish an Inter-
agency Working Group to Combat State-
lessness. This working group should in-
clude representatives of the Bureau of 
Population, Refugees and Migration, the 
Bureau of International Organizations, the 
Bureau of Democracy, Human Rights and 
Labor, the Office of Trafficking in Persons 
of the Department of State, and the 
United States Agency for International 
Development, as well as representatives 
from relevant offices of the Department of 
Justice and relevant offices of the Depart-
ment of Homeland Security. 
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appro-
323 
priated such sums as may be necessary to carry 
out the provisions of this subsection. 
SEC. 1105. STATEMENT OF POLICY REGARDING THE ECU-
MENICAL PATRIARCHATE. 
It shall be the policy of the United States to urge 
Turkey to— 
(1) respect property rights and religious rights 
of the Ecumenical Patriarch; 
(2) grant the Ecumenical Patriarchate appro-
priate international recognition and ecclesiastic suc-
cession; and 
(3) grant the Ecumenical Patriarchate the right 
to train clergy of all nationalities, not just Turkish 
nationals. 
SEC. 1106. LIMITATION ON ASSISTANCE FOR WEATHER CO-
OPERATION ACTIVITIES TO COUNTRIES IN 
THE AMERICAS. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should facilitate international 
cooperation on hurricane preparedness because— 
(1) hundreds of millions of people in the Amer-
icas live in coastal communities and are susceptible 
to the immense risks posed by hurricanes;
325 
(c) LIMITATION ON ASSISTANCE.—The Secretary of 
State may not provide assistance for weather cooperation 
activities to countries listed in the report under subsection 
(b)(2)(A). 
(d) WAIVER.—The Secretary of State may waive the 
limitation on assistance requirements under subsection (c) 
if the Secretary of State certifies to the appropriate con-
gressional committees that the waiver is in the national 
interest of the United States. 
SEC. 1107. STATEMENT OF CONGRESS REGARDING AFGHAN 
WOMEN. 
Congress— 
(1) supports the decision by President Hamid 
Karzai of Afghanistan to submit for review the Shi 
’ite Personal Status Law and strongly urges him not 
to publish such law on the grounds that such law 
violates the basic human rights of women and is in-
consistent with the Constitution of Afghanistan; 
(2) urges President Karzai, the Ministry of 
Justice, and other parties involved in reviewing the 
law to formally declare as unconstitutional the provi-
sions of such law regarding marital rape and restric-
tions on women’s freedom of movement; 
(3) reiterates its strong sense that the provi-
sions in such law which restrict the rights of women
326 
should be removed, and that an amended draft of 
the Shi’ite Personal Status Law should be submitted 
for parliamentary review; 
(4) recognizes that actions limiting or sup-
pressing the human rights of Afghan women and 
girls undermines the intent of the significant finan-
cial and training contributions that the United 
States and international community have provided to 
rebuild the country and to help establish institutions 
that protect and promote respect of basic and funda-
mental human rights to overcome the devastating 
damage to those rights from years of Taliban rule; 
(5) encourages the Secretary of State, the Spe-
cial Representative for Afghanistan and Pakistan, 
the 
Ambassador-at-Large 
for 
Global 
Women’s 
Issues, and the United States Ambassador to Af-
ghanistan to consider and address the status of 
women’s rights and security in Afghanistan to en-
sure that such rights are not being eroded through 
unjust laws, policies, or institutions; and 
(6) encourages the Government of Afghanistan 
to solicit information and advice from the Ministry 
of Justice, the Ministry for Women’s Affairs, the Af-
ghanistan Independent Human Rights Commission, 
and women-led nongovernmental organizations to
327 
ensure that current and future legislation and offi-
cial policies protect and uphold the equal rights of 
women, including through national campaigns to 
lead public discourse on the importance of women’s 
status and rights to the overall stability of Afghani-
stan. 
SEC. 1108. GLOBAL PEACE OPERATIONS INITIATIVE PRO-
GRAMS AND ACTIVITIES. 
(a) FINDINGS.—Congress makes the following find-
ings: 
(1) Over 100,000 military and civilian per-
sonnel are engaged in 18 United Nations peace-
keeping operations around the world. Peacekeeping 
operations are critical to maintaining a peaceful and 
stable international environment. 
(2) The United States has a vital interest in en-
suring that United Nations peacekeeping operations 
are successful. Countries undergoing conflict threat-
en the national and economic security of the United 
States, risk becoming safe havens for terrorist orga-
nizations, and often feature levels of human rights 
abuses and human deprivation that are an affront to 
the values of the American people. 
(3) Over the years, United Nations peace-
keeping has evolved to meet the demands of dif-
328 
ferent conflicts and a changing political landscape. 
Today’s peacekeeping mission is most often ‘‘multi-
dimensional’’ and includes a wide variety of complex 
tasks such as civilian protection, helping to build 
sustainable institutions of governance, human rights 
monitoring, security sector reform, facilitating deliv-
ery of humanitarian relief and disarmament, demobi-
lization and reintegration of former combatants. 
(4) United Nations peacekeeping operations 
allow the United States to respond to global crises 
within a multilateral framework with costs shared 
among nations. A 2007 Government Accountability 
Office report found that in general a United States 
peacekeeping operation is likely to be ‘‘much more 
expensive’’ than a United Nations peacekeeping op-
eration, regardless of location. 
(5) In many missions due to vast swaths of ter-
rain and limited infrastructure, ongoing low-inten-
sity fighting, and the presence of ‘‘peace spoilers’’, 
United Nations peacekeepers cannot carry out the 
complex tasks with which they are charged without 
critical enablers, and in particular air assets. 
(6) The United Nations Secretary-General has 
repeatedly noted the deleterious impact of insuffi-
cient helicopters for peacekeeping missions in Darfur
329 
and the Democratic Republic of the Congo. History 
has shown that under-resourced peacekeeping troops 
are not only unable to carry out their mandates, 
they erode the credibility of the United Nations and 
are themselves likely to come under attack. 
(7) Senate Resolution 432 and House Resolu-
tion 1351 of the 110th Congress— 
(A) urged members of the international 
community, including the United States, that 
possessed the capability to provide tactical and 
utility helicopters needed for the United Na-
tions-African 
Union 
Mission 
in 
Darfur 
(UNAMID) to do so as soon as possible; and 
(B) urged the President to intervene per-
sonally by contacting other heads of state and 
asking them to contribute the aircraft and 
crews to the Darfur mission. 
(8) The current framework of relying on mem-
ber countries to provide air assets on a volunteer 
basis has not yielded sufficient results. The United 
Nations still faces a shortfall of over 50 helicopters 
for UNAMID, the Democratic Republic of Congo 
(MONUC), 
and 
the 
Republic 
of 
Chad 
(MINURCAT). A review of trend lines suggests that 
any new United Nations peacekeeping missions au-
330 
thorized within the next 5 to 7 years would face 
similar shortfalls. 
(9) Numerous studies and reports have deter-
mined that there is no global shortage of air assets. 
It is inexcusable to allow authorized United Nations 
peacekeeping missions to founder for the lack of 
critical mobility capabilities. 
(b) PURPOSE.—The purpose of assistance authorized 
by this section is to contribute to peace and security and 
help protect civilians by training and equipping peace-
keepers worldwide, to include financing the refurbishment 
of helicopters. 
(c) USE OF FUNDS.— 
(1) IN GENERAL.—The Secretary of State is 
authorized to use amounts authorized to be appro-
priated to carry out this section to provide funding 
to carry out and expand Global Peace Operations 
Initiative programs and activities. Such programs 
and activities shall include— 
(A) assist partner countries to establish 
and strengthen the institutional infrastructure 
required for such countries to achieve self-suffi-
ciency in participating in peace support oper-
ations, including for the training of formed po-
lice units;
331 
(B) train peacekeepers worldwide to in-
crease global capacity to participate in peace 
support operations; 
(C) provide transportation and logistics 
support to deploying peacekeepers as appro-
priate; 
(D) enhance the capacity of regional and 
sub-regional organizations to train for, plan, de-
ploy, manage, obtain, and integrate lessons 
learned from peace operations; 
(E) support multilateral approaches to co-
ordinate international contributions to peace 
support operations capacity building efforts; 
and 
(F) financing the refurbishment of heli-
copters in preparation for their deployment to 
United Nations peacekeeping operations or to 
regional peacekeeping operations which have 
been approved by the United Nations Security 
Council. 
(2) SENSE OF CONGRESS.—It is the sense of 
Congress that failure on the part of the inter-
national community to take all steps necessary to 
deploy and maintain fully capacitated United Na-
tions peacekeeping operations will result in contin-
332 
ued loss of life and human suffering. Therefore, in 
carrying out this section, the Secretary of State 
should prioritize the refurbishment of helicopters 
with a goal of participating in the financing of no 
fewer than three helicopter refurbishments by the 
end of fiscal year 2011. 
(3) SUPPORT
FROM
OTHER
COUNTRIES.—In 
providing funding under paragraph (1), the Sec-
retary of State shall to the greatest extent possible 
seek to leverage such funding with financing from 
other countries. 
(4) RELATION TO OTHER PROGRAMS AND AC-
TIVITIES.—The activities described under paragraph 
(1)(F) may be coordinated or conducted in conjunc-
tion with other foreign assistance programs and ac-
tivities of the United States, as appropriate and in 
accordance with United States law. 
(d) REPORT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act and 1 
year thereafter, the Secretary of State shall submit 
to the appropriate congressional committees a report 
on the activities of the United States Government to 
carry out the provisions of this section.
333 
(2) CONTENTS.—The report required under 
paragraph (1) shall include— 
(A) a description of the Global Peace Op-
erations Initiative programs and activities un-
dertaken, by country; 
(B) a description of the funds obligated 
and expended in each country, by program and 
fiscal year; 
(C) a description of the coordination of 
these efforts within the United States Govern-
ment interagency process and with other na-
tions along with any recommendations for im-
provements; 
(D) a description of the GPOI’s activities 
concerning the refurbishment of air assets for 
United Nations peacekeeping operations and re-
gional peacekeeping operations that have been 
approved by the United Nations Security Coun-
cil; 
(E) information on the training and de-
ployment activities of graduates of the inter-
national Center of Excellence for Stability Po-
lice Units (COESPU) in their home countries; 
(F) a description of vetting activities for 
all GPOI training to ensure that all individuals
334 
in composite units are vetted for human rights 
violations; 
(G) information concerning the timeliness 
of equipment delivery and recommendations for 
improvement as appropriate; and 
(H) description of how GPOI trainees and 
GPOI-provided equipment contribute to im-
proved civilian protection in peace operations. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated $140,000,000 for fiscal year 
2010 and such sums as may be necessary for fiscal year 
2011 to carry out this section. 
(f) DEFINITION.—In this section, the term ‘‘Global 
Peace Operations Initiative’’ or ‘‘GPOI’’ means the pro-
gram established by the Department of State to address 
major gaps in international peace operations support, in-
cluding by building and maintaining capability, capacity, 
and effectiveness of peace operations. 
SEC. 1109. FREEDOM OF THE PRESS. 
(a) SHORT TITLE.—This section may be cited as the 
‘‘Daniel Pearl Freedom of the Press Act of 2009’’. 
(b) INCLUSION OF ADDITIONAL INFORMATION RE-
LATING TO FREEDOM OF THE PRESS WORLDWIDE IN AN-
NUAL COUNTRY REPORTS
ON HUMAN RIGHTS PRAC-
335 
TICES.—The Foreign Assistance Act of 1961 is amend-
ed— 
(1) in section 116(d) (22 U.S.C. 2151n(d)), as 
amended by section 333(c) of this division— 
(A) in paragraph (11), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (12), by striking the pe-
riod at the end and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(13) wherever applicable— 
‘‘(A) a description of the status of freedom 
of the press, including initiatives in favor of 
freedom of the press and efforts to improve or 
preserve, as appropriate, the independence of 
the media, together with an assessment of 
progress made as a result of those efforts; 
‘‘(B) an identification of countries in which 
there were violations of freedom of the press, 
including direct physical attacks, imprisonment, 
indirect sources of pressure, and censorship by 
governments, military, intelligence, or police 
forces, criminal groups, or armed extremist or 
rebel groups; and
336 
‘‘(C) in countries where there are particu-
larly severe violations of freedom of the press— 
‘‘(i) whether government authorities 
of each such country participate in, facili-
tate, or condone such violations of the free-
dom of the press; and 
‘‘(ii) what steps the government of 
each such country has taken to preserve 
the safety and independence of the media, 
and to ensure the prosecution of those in-
dividuals who attack or murder journal-
ists.’’; and 
(2) in section 502B (22 U.S.C. 2304), by add-
ing at the end the following new subsection: 
‘‘(i) The report required by subsection (b) shall in-
clude, wherever applicable— 
‘‘(1) a description of the status of freedom of 
the press, including initiatives in favor of freedom of 
the press and efforts to improve or preserve, as ap-
propriate, the independence of the media, together 
with an assessment of progress made as a result of 
those efforts; 
‘‘(2) an identification of countries in which 
there were violations of freedom of the press, includ-
ing direct physical attacks, imprisonment, indirect
337 
sources of pressure, and censorship by governments, 
military, intelligence, or police forces, criminal 
groups, or armed extremist or rebel groups; and 
‘‘(3) in countries where there are particularly 
severe violations of freedom of the press— 
‘‘(A) whether government authorities of 
each such country participate in, facilitate, or 
condone such violations of the freedom of the 
press; and 
‘‘(B) what steps the government of each 
such country has taken to preserve the safety 
and independence of the media, and to ensure 
the prosecution of those individuals who attack 
or murder journalists.’’. 
(c) FREEDOM OF THE PRESS GRANT PROGRAM.— 
(1) IN GENERAL.—The Secretary of State shall 
administer a grant program with the aim of pro-
moting freedom of the press worldwide. The grant 
program shall be administered by the Department of 
State’s Bureau of Democracy, Human Rights and 
Labor in consultation with the Undersecretary for 
Public Affairs and Public Diplomacy. 
(2) AMOUNTS
AND
TIME.—Grants may be 
awarded to nonprofit and international organizations 
and may span multiple years, up to 5 years.
338 
(3) PURPOSE.—Grant proposals should promote 
and broaden press freedoms by strengthening the 
independence of journalists and media organizations, 
promoting a legal framework for freedom of the 
press, or through providing regionally and culturally 
relevant training and professionalization of skills to 
meet international standards in both traditional and 
digital media. 
(d) MEDIA ORGANIZATION DEFINED.—In this sec-
tion, the term ‘‘media organization’’ means a group or or-
ganization that gathers and disseminates news and infor-
mation to the public (through any medium of mass com-
munication) in a foreign country in which the group or 
organization is located, except that the term does not in-
clude a group or organization that is primarily an agency 
or instrumentality of the government of such foreign coun-
try. The term includes an individual who is an agent or 
employee of such group or organization who acts within 
the scope of such agency or employment. 
(e) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated such sums as may be nec-
essary to carry out this section.
339 
SEC. 1110. INFORMATION FOR COUNTRY COMMERCIAL 
GUIDES ON BUSINESS AND INVESTMENT CLI-
MATES. 
(a) IN GENERAL.—The Director General of the For-
eign Commercial Service, in consultation with the Assist-
ant Secretary of Commerce for Trade Promotion and the 
Assistant Secretary of State for Economic, Energy and 
Business Affairs, should ensure that the annual Country 
Commercial Guides for United States businesses include— 
(1) detailed assessments concerning each for-
eign country in which acts of unfair business and in-
vestment practices or other actions that have re-
sulted in poor business and investment climates 
were, in the opinion of the Director General of the 
Foreign Commercial Service, of major significance; 
(2) all relevant information about such unfair 
business and investment practices or other actions 
during the preceding year by members of the busi-
ness community, the judiciary, and the government 
of such country which may have impeded United 
States business or investment in such country, in-
cluding the capacity for United States citizens to op-
erate their businesses without fear of reprisals; and 
(3) information on—
340 
(A) the extent to which the government of 
such country is working to prevent unfair busi-
ness and investment practices; and 
(B) the extent of United States Govern-
ment action to prevent unfair business and in-
vestment practices or other actions that harm 
United States business or investment interests 
in relevant cases in such country. 
(b) ADDITIONAL PROVISIONS TO BE INCLUDED.— 
The information required under subsection (a) should, to 
the extent feasible, include— 
(1) with respect to paragraph (1) of such sub-
section— 
(A) a review of the efforts undertaken by 
each foreign country to promote a healthy busi-
ness and investment climate that is also condu-
cive to the United States business community 
and United States investors, including, as ap-
propriate, steps taken in international fora; 
(B) the response of the judicial and local 
arbitration systems of each such country that is 
the subject of such detailed assessment with re-
spect to matters relating to the business and in-
vestment climates affecting United States citi-
zens and entities, or that have, in the opinion
341 
of the Director General of the Foreign Com-
mercial Service, a significant impact on United 
States business and investment efforts; and 
(C) each such country’s access to the 
United States market; 
(2) with respect to paragraph (2) of such sub-
section— 
(A) any actions undertaken by the govern-
ment of each foreign country that prevent 
United States citizens and businesses from re-
ceiving equitable treatment; 
(B) actions taken by private businesses 
and citizens of each such country against mem-
bers of the United States business community 
and United States investors; 
(C) unfair decisions rendered by the legal 
systems of each such country that clearly ben-
efit State and local corporations and industries; 
and 
(D) unfair decisions rendered by local arbi-
tration panels of each such country that do not 
exemplify objectivity and do not provide an eq-
uitable ground for United States citizens and 
businesses to address their disputes; and
342 
(3) with respect to paragraph (3) of such sub-
section, actions taken by the United States Govern-
ment to— 
(A) promote the rule of law; 
(B) prevent discriminatory treatment of 
United States citizens and businesses engaged 
in business or investment activities in each for-
eign country; 
(C) allow United States goods to enter 
each such country without requiring a co-pro-
duction agreement; and 
(D) protect United States intellectual 
property rights. 
(c) CONSULTATION.—In carrying out this section, the 
Director General of the Foreign Commercial Service shall 
consult with business leaders, union leaders, representa-
tives of the judicial system of each foreign country de-
scribed in subsection (a), and relevant nongovernmental 
organizations. 
(d) BUSINESS AND INVESTMENT CLIMATE WARN-
INGS.—The Secretary of State, with the assistance of the 
Assistant Secretary of State for Economic, Energy and 
Business Affairs, as well as the Assistant Secretary of 
Commerce for Trade Promotion and the Director General 
of the Foreign Commercial Service, shall establish a warn-
343 
ing system that effectively alerts United States businesses 
and investors of— 
(1) a significant deterioration in the business 
and investment climate in a foreign country, includ-
ing discriminatory treatment of United States busi-
nesses; or 
(2) a significant constraint on the ability of the 
United States Government to assist United States 
businesses and investors in a foreign country, such 
as to the closure of a United States diplomatic or 
consular mission, that is not explained in the most 
recent Country Commercial Guide for such country. 
(e) DEFINITIONS.—In this section: 
(1) CO-PRODUCTION
AGREEMENT.—The term 
‘‘co-production agreement’’ means a United States 
Government or United States business working with 
a foreign government, foreign company, or an inter-
national organization to produce or manufacture an 
item. 
(2) RULE OF LAW.—The term ‘‘rule of law’’ 
means the extent to which laws of a foreign country 
are publicly promulgated, equally enforced, inde-
pendently adjudicated, and are consistent with inter-
national norms and standards.
344 
(3) UNFAIR BUSINESS AND INVESTMENT PRAC-
TICES.—The term ‘‘unfair business and investment 
practices’’ includes any of the following: 
(A) Unlawful actions under international 
law or the law of the foreign country taken by 
the government of such country or by busi-
nesses, citizens, or other entities of such coun-
try that have resulted in lost assets, contracts, 
or otherwise contributed to an inhospitable 
business or investment climate. 
(B) Discriminatory treatment of United 
States businesses, whether wholly or partially 
owned. 
(C) Failure to protect intellectual property 
rights. 
(D) Requiring a co-production agreement 
in order for goods from the United States to 
enter a foreign country. 
SEC. 1111. INTERNATIONAL PROTECTION OF GIRLS BY PRE-
VENTING CHILD MARRIAGE. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) child marriage is a violation of human 
rights and the prevention and elimination of child
345 
marriage should be a foreign policy goal of the 
United States; 
(2) the practice of child marriage undermines 
United States investments in foreign assistance to 
promote education and skills building for girls, re-
duce maternal and child mortality, reduce maternal 
illness, halt the transmission of HIV/AIDS, prevent 
gender-based violence, and reduce poverty; and 
(3) expanding educational opportunities for 
girls, economic opportunities for women, and reduc-
ing maternal and child mortality are critical to 
achieving the Millennium Development Goals and 
the global health and development objectives of the 
United States, including efforts to prevent HIV/ 
AIDS. 
(b) STRATEGY TO PREVENT CHILD MARRIAGE IN 
DEVELOPING COUNTRIES.— 
(1) STRATEGY REQUIRED.—The President, act-
ing through the Secretary of State, shall establish a 
multi-year strategy to prevent child marriage in de-
veloping countries and promote the empowerment of 
girls at risk of child marriage in developing coun-
tries, including by addressing the unique needs, 
vulnerabilities, and potential of girls under 18 in de-
veloping countries.
346 
(2) CONSULTATION.—In establishing the strat-
egy required by paragraph (1), the President shall 
consult with Congress, relevant Federal departments 
and agencies, multilateral organizations, and rep-
resentatives of civil society. 
(3) ELEMENTS.—The strategy required by 
paragraph (1) shall— 
(A) focus on areas in developing countries 
with high prevalence of child marriage; and 
(B) encompass diplomatic initiatives be-
tween the United States and governments of 
developing countries, with attention to human 
rights, legal reforms and the rule of law, and 
programmatic initiatives in the areas of edu-
cation, health, income generation, changing so-
cial norms, human rights, and democracy build-
ing. 
(4) REPORT.—Not later than 180 days after 
the date of the enactment of this Act, the President 
shall transmit to Congress a report that includes— 
(A) the strategy required by paragraph 
(1); 
(B) 
an 
assessment, 
including 
data 
disaggregated by age and gender to the extent 
possible, of current United States-funded ef-
347 
forts to specifically assist girls in developing 
countries; and 
(C) examples of best practices or programs 
to prevent child marriage in developing coun-
tries that could be replicated. 
(c) RESEARCH AND DATA COLLECTION.—The Sec-
retary of State shall work with relevant Federal depart-
ments and agencies as part of their ongoing research and 
data collection activities, to— 
(1) collect and make available data on the inci-
dence of child marriage in countries that receive for-
eign or development assistance from the United 
States where the practice of child marriage is preva-
lent; and 
(2) collect and make available data on the im-
pact of the incidence of child marriage and the age 
at marriage on progress in meeting key development 
goals. 
(d) DEPARTMENT OF STATE’S COUNTRY REPORTS 
ON HUMAN RIGHTS PRACTICES.—The Foreign Assistance 
Act of 1961 is amended— 
(1) in section 116 (22 U.S.C. 2151n), by add-
ing at the end the following new subsection: 
‘‘(g) The report required by subsection (d) shall in-
clude for each country in which child marriage is prevalent
348 
at rates at or above 40 percent in at least one sub-national 
region, a description of the status of the practice of child 
marriage in such country. In this subsection, the term 
‘child marriage’ means the marriage of a girl or boy, not 
yet the minimum age for marriage stipulated in law in 
the country in which such girl or boy is a resident.’’; and 
(2) in section 502B (22 U.S.C. 2304), as 
amended by section 1109(b)(2) of this division, is 
further amended by adding at the end the following 
new subsection: 
‘‘(j) The report required by subsection (b) shall in-
clude for each country in which child marriage is prevalent 
at rates at or above 40 percent in at least one sub-national 
region, a description of the status of the practice of child 
marriage in such country. In this subsection, the term 
‘child marriage’ means the marriage of a girl or boy, not 
yet the minimum age for marriage stipulated in law in 
the country in which such girl or boy is a resident.’’. 
(e) DEFINITION.—In this section, the term ‘‘child 
marriage’’ means the marriage of a girl or boy, not yet 
the minimum age for marriage stipulated in law in the 
country in which the girl or boy is a resident. 
(f) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated pursuant to sec-
tion 101 of this division, there is authorized to be appro-
349 
priated as such sums as necessary for fiscal years 2010 
through 2011 to carry out this section and the amend-
ments made by this section. 
SEC. 1112. STATEMENT OF CONGRESS REGARDING RETURN 
OF PORTRAITS OF HOLOCAUST VICTIMS TO 
ARTIST DINA BABBITT. 
(a) FINDINGS.—Congress finds the following: 
(1) Dina Babbitt (formerly known as Dinah 
Gottliebova), a United States citizen, has requested 
the return of watercolor portraits she painted while 
suffering a 11⁄2-year-long internment at the Ausch-
witz death camp during World War II. 
(2) Dina Babbitt was ordered to paint the por-
traits by the infamous war criminal Dr. Josef 
Mengele. 
(3) Dina Babbitt’s life, and her mother’s life, 
were spared only because she painted portraits of 
doomed inmates of Auschwitz-Birkenau, under or-
ders from Dr. Josef Mengele. 
(4) These paintings are currently in the posses-
sion of the Auschwitz-Birkenau State Museum. 
(5) Dina Babbitt is the rightful owner of the 
artwork, because the paintings were produced by her 
own talented hands as she endured the unspeakable 
conditions that existed at the Auschwitz death camp.
350 
(6) This continued injustice can be righted 
through cooperation between agencies of the United 
States and Poland. 
(7) This issue was raised in the Foreign Rela-
tions Authorization Act, Fiscal Year 2003 (Public 
Law 107–228). 
(b) STATEMENT OF CONGRESS.—Congress— 
(1) continues to recognize the moral right of 
Dina Babbitt to obtain the artwork she created, and 
recognizes her courage in the face of the evils per-
petrated by the Nazi command of the Auschwitz- 
Birkenau death camp, including the atrocities com-
mitted by Dr. Josef Mengele; 
(2) urges the President to make all efforts nec-
essary to retrieve the seven watercolor portraits 
Dina Babbitt painted, while suffering a 11⁄2-year- 
long internment at the Auschwitz death camp, and 
return them to her; 
(3) urges the Secretary of State to make imme-
diate diplomatic efforts to facilitate the transfer of 
the seven original watercolors painted by Dina Bab-
bitt from the Auschwitz-Birkenau State Museum to 
Dina Babbitt, their rightful owner; 
(4) urges the Government of Poland to imme-
diately facilitate the return to Dina Babbitt of the
351 
artwork painted by her that is now in the possession 
of the Auschwitz-Birkenau State Museum; and 
(5) urges the officials of the Auschwitz- 
Birkenau State Museum to transfer the seven origi-
nal paintings to Dina Babbitt as expeditiously as 
possible. 
SEC. 1113. STATEMENT OF POLICY REGARDING SOMALIA. 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the United States to— 
(1) advance long-term stability and peace in So-
malia; 
(2) provide assistance to the government of So-
malia and nongovernmental organizations, including 
Somali-led nongovernmental organizations, and par-
ticularly women’s groups, as appropriate; 
(3) support efforts to establish democratic civil 
authorities and institutions in Somalia that reflect 
local and traditional structures, built on the rule of 
law and respect for human rights, and strengthen 
the security sector; and 
(4) support reconciliation efforts in Somalia in 
order to ensure lasting peace. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that the President, acting through the Secretary of 
State, should develop a comprehensive policy in coordina-
352 
tion with the international community and the government 
of Somalia that aligns humanitarian, development, eco-
nomic, political, counterterrorism, anti-piracy, and re-
gional strategies in order to bring about peace and sta-
bility in Somalia and the region. 
SEC. 
1114. 
MODERNIZATION 
AND 
STREAMLINING 
OF 
UNITED STATES FOREIGN ASSISTANCE. 
(a) AMENDMENT.—Chapter 1 of part III of the For-
eign Assistance Act of 1961 (22 U.S.C. 2351 et seq.) is 
amended by inserting after section 608 the following new 
section: 
‘‘SEC. 609. MONITORING AND EVALUATION OF UNITED 
STATES FOREIGN ASSISTANCE. 
‘‘(a) IN GENERAL.—The Secretary of State should 
develop and implement a rigorous system to monitor and 
evaluate the effectiveness and efficiency of United States 
foreign assistance. The system should include a method 
of coordinating the monitoring and evaluation activities of 
the Department of State and the United States Agency 
for International Development with the monitoring and 
evaluation activities of other Federal departments and 
agencies carrying out United States foreign assistance 
programs, and when possible with other international bi-
lateral and multilateral agencies and entities.
353 
‘‘(b) ELEMENTS.—In carrying out subsection (a), the 
Secretary, under the direction of the President, should en-
sure that the head of each Federal department or agency 
carrying out United States foreign assistance programs— 
‘‘(1) establishes measurable performance goals, 
including gender-sensitive goals wherever possible, 
for such programs; 
‘‘(2) establishes criteria for selection of such 
programs to be subject to various evaluation meth-
odologies, with particular emphasis on impact eval-
uation; 
‘‘(3) establishes an organization unit, or 
strengthens an existing unit, with adequate staff and 
funding to budget, plan, and conduct appropriate 
performance monitoring and improvement and eval-
uation activities with respect to such programs; 
‘‘(4) establishes a process for applying the les-
sons learned and findings from monitoring and eval-
uation activities, including impact evaluation re-
search, into future budgeting, planning, program-
ming, design and implementation of such programs; 
and 
‘‘(5) establishes a policy to publish all evalua-
tion plans and reports relating to such programs. 
‘‘(c) ANNUAL EVALUATION PLANS.—
354 
‘‘(1) IN GENERAL.—In carrying out subsection 
(a), the Secretary, under the direction of the Presi-
dent, should ensure that the head of each Federal 
department or agency carrying out United States 
foreign assistance programs develops an annual eval-
uation plan for such programs stating how the de-
partment or agency will implement this section. 
‘‘(2) CONSULTATION.—In preparing the evalua-
tion plan, the head of each Federal department or 
agency carrying out United States foreign assistance 
programs should consult with the heads of other ap-
propriate Federal departments and agencies, govern-
ments of host countries, international and local non-
governmental organizations, and other relevant 
stakeholders. 
‘‘(3) SUBMISSION
TO
CONGRESS.—Not later 
than 180 days after the date of the enactment of 
this section, the head of each Federal department or 
agency carrying out United States foreign assistance 
programs should submit to the appropriate congres-
sional committees an evaluation plan consistent with 
this subsection. 
‘‘(d) CAPACITY BUILDING.— 
‘‘(1) FOR FEDERAL DEPARTMENTS AND AGEN-
CIES.—The Secretary, under the direction of the
355 
President and in consultation with the head of each 
Federal department or agency carrying out United 
States foreign assistance programs, should take con-
crete steps to enhance the performance monitoring 
and improvement and evaluation capacity of each 
such Federal department and agency, subject to the 
availability of resources for such purposes, including 
by increasing and improving training and education 
opportunities, and by adopting best practices and 
up-to-date evaluation methodologies to provide the 
best evidence available for assessing the outcomes 
and impacts of such programs. 
‘‘(2) FOR
RECIPIENT
COUNTRIES.—The Sec-
retary is authorized to provide assistance to increase 
the capacity of countries receiving United States for-
eign assistance to design and conduct performance 
monitoring and improvement and evaluation activi-
ties. 
‘‘(e) BUDGETARY PLANNING.—The head of each 
Federal department or agency carrying out United States 
foreign assistance programs should request in the annual 
budget of the department or agency a funding amount to 
conduct performance monitoring and improvement and 
evaluations of such programs, projects, or activities. 
‘‘(f) REPORT.—
356 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this section, and in 
each of the two subsequent years, the Secretary shall 
transmit to the appropriate congressional commit-
tees a report on— 
‘‘(A) the use of funds to carry out evalua-
tions under this section; 
‘‘(B) the status and findings of evaluations 
under this section; and 
‘‘(C) the use of findings and lessons 
learned from evaluations under this section, in-
cluding actions taken in response to rec-
ommendations included in current and previous 
evaluations, such as the improvement or con-
tinuation of a program, project, or activity. 
‘‘(2) PUBLICATION.—The report shall also be 
made available on the Department of State’s 
website. 
‘‘(g) DEFINITIONS.— 
‘‘(1) IN GENERAL.—In this section— 
‘‘(A) the term ‘appropriate congressional 
committees’ means the Committee on Foreign 
Affairs of the House of Representatives and the 
Committee on Foreign Relations of the Senate;
357 
‘‘(B) the term ‘Secretary’ means the Sec-
retary of State; and 
‘‘(C) the term ‘United States foreign as-
sistance’ means— 
‘‘(i) assistance authorized under this 
Act; and 
‘‘(ii) assistance authorized under any 
other provision of law that is classified 
under budget function 150 (International 
Affairs). 
‘‘(2) TERMS
RELATING
TO
MONITORING
AND 
EVALUATION.—In this section— 
‘‘(A) the term ‘evaluation’ means the sys-
tematic and objective determination and assess-
ment of the design, implementation, and results 
of an on-going or completed program, project, 
or activity; 
‘‘(B) the term ‘impact evaluation research’ 
means the application of research methods and 
statistical analysis to measure the extent to 
which change in a population-based outcome or 
impact can be attributed to United States pro-
gram, project, or activity intervention instead of 
other environmental factors, including change 
in political climate and other donor assistance;
358 
‘‘(C) the term ‘impacts’ means the positive 
and negative, direct and indirect, intended and 
unintended long-term effects produced by a pro-
gram, project, or activity; 
‘‘(D) the term ‘outcomes’ means the likely 
or achieved immediate and intermediate effects 
of the outputs of a program, project, or activity; 
‘‘(E) the term ‘outputs’ means the prod-
ucts, capital, goods, and services that result 
from a program, project, or activity; and 
‘‘(F) the term ‘performance monitoring 
and improvement’ means a continuous process 
of collecting, analyzing, and using data to com-
pare how well a program, project, or activity is 
being implemented against expected outputs 
and program costs and to make appropriate im-
provements accordingly. 
‘‘(h) FUNDING.—Of the amounts authorized to be ap-
propriated for each United States foreign assistance pro-
gram for each of the fiscal years 2010 and 2011, not less 
than 5 percent of such amounts should be made available 
to carry out this section.’’. 
(b) REPEALS OF OBSOLETE AUTHORIZATIONS OF 
ASSISTANCE; CONFORMING AMENDMENTS.—
359 
(1) REPEALS.—The following provisions of the 
Foreign Assistance Act of 1961 are hereby repealed: 
(A) Section 125 (22 U.S.C. 2151w; relat-
ing to general development assistance). 
(B) Section 219 (22 U.S.C. 2179; relating 
to prototype desalting plant). 
(C) Title V of chapter 2 of part I (22 
U.S.C. 2201; relating to disadvantaged children 
in Asia). 
(D) Section 466 (22 U.S.C. 2286; relating 
to debt-for-nature exchanges pilot program for 
sub-Saharan Africa). 
(E) Sections 494, 495, and 495B through 
495K (22 U.S.C. 2292c, 2292f, and 2292h 
through 2292q; relating to certain international 
disaster assistance authorities). 
(F) Section 648 (22 U.S.C. 2407; relating 
to certain miscellaneous provisions). 
(2) CONFORMING
AMENDMENT.—Section 135 
of the Foreign Assistance Act of 1961 (22 U.S.C. 
2152h) is amended by striking ‘‘section 135’’ and 
inserting ‘‘section 136’’. 
SEC. 1115. GLOBAL HUNGER AND FOOD SECURITY. 
(a) STATEMENT OF POLICY.—It shall be the policy 
of the United States to reduce global hunger, advance nu-
360 
trition, increase food security, and ensure that relevant 
Federal policies and programs— 
(1) provide emergency response and direct sup-
port to vulnerable populations in times of need, 
whether provoked by natural disaster, conflict, or 
acute economic difficulties; 
(2) increase resilience to and reduce, limit, or 
mitigate the impact of shocks on vulnerable popu-
lations, reducing the need for emergency interven-
tions; 
(3) increase and build the capacity of people 
and governments to sustainably feed themselves; 
(4) ensure adequate access for all individuals, 
especially mothers and children, to the required cal-
ories and nutrients needed to live healthy lives; 
(5) strengthen the ability of small-scale farm-
ers, especially women, to sustain and increase their 
production and livelihoods; and 
(6) incorporate sustainable and environmentally 
sound agricultural methods and practices. 
(b) INITIATIVES.—It is the sense of Congress that 
initiatives developed to carry out subsection (a) should— 
(1) be guided by a comprehensive strategy 
under Presidential leadership that integrates the 
policies and programs of all Federal agencies;
361 
(2) be balanced and flexible to allow for pro-
grams that meet emergency needs and increased in-
vestments in longer-term programs; 
(3) develop mechanisms that allow cash and 
commodity-based resources to be effectively com-
bined; 
(4) define clear targets, benchmarks, and indi-
cators of success, including gender analysis, in order 
to monitor implementation, guarantee accountability, 
and determine whether beneficiaries achieve in-
creased and sustainable food security; 
(5) employ the full range of diplomatic re-
sources and provide incentives to other countries to 
meet their obligations to reduce hunger and promote 
food security; and 
(6) work within a framework of multilateral 
commitments. 
(c) COMPREHENSIVE STRATEGY TO ADDRESS GLOB-
AL HUNGER AND FOOD SECURITY.— 
(1) IN GENERAL.—Not later than 30 days after 
the date of the enactment of this Act, the President 
shall direct the Secretary of State to develop and im-
plement a comprehensive strategy to address global 
hunger and food security with respect to inter-
national programs and policies for—
362 
(A) emergency response and management; 
(B) safety nets, social protection, and dis-
aster risk reduction; 
(C) nutrition; 
(D) market-based agriculture, the rehabili-
tation and expansion of rural agricultural infra-
structure, and rural development; 
(E) agricultural education, research and 
development, and extension services; 
(F) government-to-government technical 
assistance programs; 
(G) natural resource management, environ-
mentally sound agriculture, and responses to 
the impact of climate change on agriculture and 
food production; 
(H) monitoring and evaluation mecha-
nisms; and 
(I) provision of adequate and sustained re-
sources, including multiyear funding, to ensure 
the scale and duration of programs required to 
carry out the United States commitment to al-
leviate global hunger and promote food security. 
(2) 
COORDINATION
WITH
INTERNATIONAL 
GOALS.—In accordance with applicable law, the Sec-
retary of State shall ensure that the comprehensive
363 
strategy described in paragraph (1) contributes to 
achieving the Millennium Development Goal of re-
ducing global hunger by half not later than 2015 
and to advancing the United Nations Comprehensive 
Framework for Action with respect to global hunger 
and food security, including supporting the United 
Nations, international agencies, governments, and 
other relevant organizations and entities in carrying 
out the Comprehensive Framework for Action. 
(d) REPORTS.— 
(1) IN GENERAL.—The Secretary of State shall 
submit to the President and Congress, not later than 
March 31, 2010, and annually thereafter for the 
next 2 years, an annual report on the implementa-
tion of the comprehensive strategy to address global 
hunger and food security required under subsection 
(c), including an assessment of agency innovations, 
achievements, and failures to perform, and policy 
and budget recommendations for changes to agency 
operations, priorities, and funding. 
(2) GAO.—Not later than 2 years after the 
date of the enactment of this Act and 2 years there-
after, the Comptroller General of the United States 
shall submit to Congress a report evaluating the de-
sign, implementation, and Federal Government co-
364 
ordination of a comprehensive strategy to address 
global hunger and food security required on sub-
section (c). 
SEC. 1116. STATEMENT OF CONGRESS ON THE HUMANI-
TARIAN SITUATION IN SRI LANKA. 
Congress makes the following statements: 
(1) the United States welcomes the end to the 
26-year conflict in Sri Lanka between the Govern-
ment of Sri Lanka and the Liberation Tigers of 
Tamil Eelam; 
(2) a durable and lasting peace will only be 
achieved through a political solution that addresses 
the legitimate aspirations of all Sri Lankan commu-
nities, including the Tamils; 
(3) the United States eagerly looks forward to 
the Government of Sri Lanka’s putting forward a 
timely and credible proposal to engage its Tamil 
community and address the legitimate grievances of 
its Tamil citizens so that peace and reconciliation 
can be achieved and sustained; 
(4) the United States supports the international 
community’s call for full and immediate access to 
humanitarian relief agencies to camps for internally 
displaced persons, and remains deeply concerned
365 
about the plight of the thousands civilians affected 
by the civil war; 
(5) the United States expects the Government 
of Sri Lanka to abide by its commitments to allow 
access for representatives of the responsible inter-
national organizations throughout the screening and 
registration process for internally displaced persons; 
and 
(6) the United States welcomes the Government 
of Sri Lanka’s commitment to place the camps 
under civilian control and ensure that such camps 
meet international humanitarian standards, includ-
ing the right to freedom of movement, as well as Sri 
Lanka’s pledge to release camp residents, reunite 
them with separated family members and permit 
them to return to their homes at the earliest possible 
opportunity.
366 
SEC. 1117. AUDIT REQUIREMENTS FOR THE INSPECTORS 
GENERAL OF THE DEPARTMENT OF STATE, 
THE DEPARTMENT OF DEFENSE, AND THE 
UNITED 
STATES 
AGENCY 
FOR 
INTER-
NATIONAL DEVELOPMENT, AND THE SPECIAL 
INSPECTOR GENERAL FOR AFGHANISTAN RE-
CONSTRUCTION. 
(a) AUDIT REQUIREMENTS.—The Inspectors General 
of the Department of State, the Department of Defense, 
and the United States Agency for International Develop-
ment, and the Special Inspector General for Afghanistan 
Reconstruction should address, as appropriate, in their au-
diting and assessment protocols for Afghanistan, the im-
pact United States development assistance has on the so-
cial, economic, and political empowerment of Afghan 
women, including the extent to which such assistance 
helps to carry out the following: 
(1) Section 103(a)(7) of the Afghan Freedom 
Support Act (Public Law 107–327). 
(2) The goal expressed in section 102(4) of the 
Afghan Freedom Support Act (Public Law 107– 
327) to ‘‘help achieve a broad-based, multi-ethnic, 
gender-sensitive, and fully representative government 
in Afghanistan that is freely chosen by the people of 
Afghanistan and that respects the human rights of 
all Afghans, particularly women.’’.
367 
(b) REPORT.—Not later than 1 year after the date 
of the enactment of this Act, the Inspectors General of 
the Department of State, the Department of Defense, and 
the United States Agency for International Development, 
and the Special Inspector General for Afghanistan Recon-
struction shall submit to Congress a report on the imple-
mentation of this section. 
SEC. 1118. GLOBAL CLEAN ENERGY EXCHANGE PROGRAM. 
(a) PROGRAM ESTABLISHMENT.—The Secretary of 
State is authorized to establish a program to strengthen 
research, educational exchange, and international coopera-
tion with the aim of promoting the development and de-
ployment of clean and efficient energy technologies in 
order to reduce global greenhouse gas emissions, address 
issues of energy poverty in developing countries, and ex-
tend the reach of United States technologies and ingenuity 
that would be beneficial to developing countries. The pro-
gram authorized under this subsection shall be carried out 
pursuant to the authorities of the Mutual Educational and 
Cultural Exchange Act of 1961 (22 U.S.C. 2451 et seq.) 
and may be referred to as the ‘‘Global Clean Energy Ex-
change Program’’. 
(b) DEFINITIONS.—In this section: 
(1) CLEAN
AND
EFFICIENT
ENERGY
TECH-
NOLOGY.—The term ‘‘clean and efficient energy
368 
technology’’ means an energy supply or end-use 
technology— 
(A) such as— 
(i) solar technology; 
(ii) wind technology; 
(iii) geothermal technology; 
(iv) hydroelectric technology 
(v) alternative fuels; and 
(vi) carbon capture technology; and 
(B) that, over its life cycle and compared 
to a similar technology already in commercial 
use— 
(i) is reliable, affordable, economically 
viable, socially acceptable, and compatible 
with the needs and norms of the country 
involved; 
(ii) results in— 
(I) reduced emissions of green-
house gases; or 
(II) increased geological seques-
tration; and 
(iii) may— 
(I) substantially lower emissions 
of air pollutants; or
369 
(II) generate substantially small-
er or less hazardous quantities of solid 
or liquid waste. 
(2) GEOLOGICAL
SEQUESTRATION.—The term 
‘‘geological sequestration’’ means the capture and 
long-term storage in a geological formation of a 
greenhouse gas from an energy producing facility, 
which prevents the release of greenhouse gases into 
the atmosphere. 
(3) GREENHOUSE GAS.—The term ‘‘greenhouse 
gas’’ means— 
(A) carbon dioxide; 
(B) methane; 
(C) nitrous oxide; 
(D) hydrofluorocarbons; 
(E) perfluorocarbons; 
(F) sulfur hexafluoride; or 
(G) nitrogen trifluoride. 
(c) ELEMENTS.—The program authorized under sub-
section (a) shall contain the following elements: 
(1) The financing of studies, research, instruc-
tion, and other educational activities dedicated to de-
veloping clean and efficient energy technologies— 
(A) by or to United States citizens and na-
tionals in foreign universities, governments, or-
370 
ganizations, companies, or other institutions; 
and 
(B) by or to citizens and nationals of for-
eign countries in United States universities, 
governments, organizations, companies, or other 
institutions. 
(2) The financing of visits and exchanges be-
tween the United States and other countries of stu-
dents, trainees, teachers, instructors, professors, re-
searchers, entrepreneurs, and other persons who 
study, teach, and conduct research in subjects such 
as the physical sciences, environmental science, pub-
lic policy, economics, urban planning, and other sub-
jects and focus on developing and commercially de-
ploying clean and efficient energy technologies. 
(d) ACCESS.—The Secretary of State shall ensure 
that the program authorized under subsection (a) is avail-
able to— 
(1) historically Black colleges and universities 
that are part B institutions (as such term is defined 
in section 322(2) of the Higher Education Act of 
1965 (20 U.S.C. 1061(2))), Hispanic-serving institu-
tions (as such term is defined in section 502(5) of 
such Act (20 U.S.C. 1101a(5))), Tribal Colleges or 
Universities (as such term is defined in section 316
371 
of such Act (20 U.S.C. 1059c)), and other minority 
institutions (as such term is defined in section 
365(3) of such Act (20 U.S.C. 1067k(3))), and to 
the students, faculty, and researchers at such col-
leges, universities, and institutions; and 
(2) small business concerns owned and con-
trolled by socially and economically disadvantaged 
individuals, small business concerns owned and con-
trolled by women, and small business concerns 
owned and controlled by veterans (as such terms are 
defined in section 8(d)(3) of the Small Business Act 
(15 U.S.C. 637(d)(3))). 
SEC. 1119. ALIEN REPATRIATION. 
Section 243(d) of the Immigration and Nationality 
Act (8 U.S.C. 1253(d)) is amended to read as follows: 
‘‘(d) ENSURING RETURN OF REMOVED ALIENS.— 
‘‘(1) DISCONTINUING GRANTING VISAS TO NA-
TIONALS OF COUNTRIES DENYING OR DELAYING AC-
CEPTING ALIEN.—On being notified by the Secretary 
of Homeland Security that the government of a for-
eign country denies or unreasonably delays accepting 
an alien who is a citizen, subject, national, or resi-
dent of that country after the Secretary of Home-
land Security asks whether the government will ac-
cept the alien under this section, the Secretary of
372 
State shall order consular officers in that foreign 
country to discontinue granting immigrant visas or 
nonimmigrant visas, or both, to citizens, subjects, 
nationals, and residents of that country until the 
Secretary of Homeland Security notifies the Sec-
retary of State that the country has accepted the 
alien. 
‘‘(2) DENYING
ADMISSION
TO
FOREIGN
GOV-
ERNMENT
OFFICIALS
OF
COUNTRIES
DENYING 
ALIEN RETURN.—If the Secretary of Homeland Se-
curity determines that the government of a foreign 
country denies or unreasonably delays accepting an 
alien who is a citizen, subject, national, or resident 
of that country after the alien has been ordered re-
moved, the Secretary of Homeland Security, in con-
sultation with the Secretary of State, may deny ad-
mission to any citizen, subject, national, or resident 
of that country who is seeking or has received a non-
immigrant visa pursuant to subparagraphs (A) and 
(G) of section 101(a)(15). 
‘‘(3) QUARTERLY REPORTS.—Not later than 90 
days after the date of the enactment of the Foreign 
Relations Authorization Act, Fiscal Years 2010 and 
2011, and every 3 months thereafter, the Secretary
373 
of Homeland Security shall submit to the Congress 
a report that— 
‘‘(A) lists all the countries which refuse or 
unreasonably delay repatriation; and 
‘‘(B) includes the total number of aliens 
who were refused repatriation, disaggregated 
by— 
‘‘(i) country; 
‘‘(ii) detention status; and 
‘‘(iii) criminal status.’’. 
SEC. 1120. COMPREHENSIVE INTERAGENCY STRATEGY AND 
IMPLEMENTATION PLAN FOR SUDAN. 
(a) STRATEGY AND PLAN.—Not later than 60 days 
after the date of the enactment of this Act, the President 
shall develop and transmit to the appropriate congres-
sional committees a comprehensive interagency strategy 
and implementation plan, which may include a classified 
annex, to address the ongoing and inter-related crises in 
Sudan and advance United States national security and 
humanitarian interests in Sudan, which shall include the 
elements specified in subsection (c). 
(b) ELEMENTS.—The comprehensive interagency 
strategy and implementation plan required under sub-
section (b) shall contain at least the following elements:
374 
(1) Consistent with section 1127, a description 
of a comprehensive policy toward Sudan which bal-
ances United States interests in— 
(A) resolving the conflict in Darfur; 
(B) 
implementing 
the 
Comprehensive 
Peace Agreement (CPA) and promoting peace 
and stability in Southern Sudan; 
(C) resolving long-standing conflicts in 
Abyei, Blue Nile, and Southern Kordofan; 
(D) advancing respect for democracy, 
human rights, and religious freedom throughout 
the country; 
(E) addressing internal and regional secu-
rity; and 
(F) combating Islamist extremism. 
(2) Progress toward achieving the policy objec-
tives specified in paragraph (1), including— 
(A) facilitating the full deployment and 
freedom of movement of the hybrid United Na-
tions-African Union Mission in Darfur; 
(B) ensuring access and security for hu-
manitarian organizations throughout the coun-
try including, as appropriate, those organiza-
tions that wrongfully have been expelled by the 
Sudanese regime;
375 
(C) promoting reconciliation within and 
among disparate groups; 
(D) advancing regional security and co-
operation while eliminating cross-border support 
for armed insurgents; 
(E) meeting the CPA benchmarks, includ-
ing preparations for the conduct of national 
elections and referendum; and 
(F) shutting down safe-havens for extrem-
ists who pose a threat to the national security 
of the United States and its allies. 
(3) A description of how United States assist-
ance will be used to achieve the objectives of United 
States policy toward Sudan, including a financial 
plan and description of resources, programming, and 
management of United States foreign assistance to 
Sudan and the criteria used to determine their 
prioritization. 
(4) An evaluation and description of additional 
measures that will be taken to advance United 
States policy, which may range from— 
(A) application of multilateral sanctions by 
the United Nations or regional allies, or expan-
sion of existing United States sanctions;
376 
(B) imposition of a no-fly zone or other co-
ercive measures; or 
(C) rapprochement with the Sudanese re-
gime or other diplomatic measures. 
(5) A complete description of both the evalua-
tion process for reviewing and adjusting the strategy 
and implementation as necessary, and measures of 
effectiveness for the implementation of the strategy. 
(c) UPDATES OF STRATEGY.—The President shall 
transmit in writing to the appropriate congressional com-
mittees any updates of the comprehensive interagency 
strategy and implementation plan required under sub-
section (b), as necessary. 
SEC. 1120A. STATEMENT OF POLICY REGARDING CLIMATE 
CHANGE. 
To protect American jobs, spur economic growth and 
promote a ‘‘Green Economy’’, it shall be the policy of the 
United States that, with respect to the United Nations 
Framework Convention on Climate Change, the President, 
the Secretary of State and the Permanent Representative 
of the United States to the United Nations should prevent 
any weakening of, and ensure robust compliance with and 
enforcement of, existing international legal requirements 
as of the date of the enactment of this Act for the protec-
tion of intellectual property rights related to energy or en-
377 
vironmental technology, including wind, solar, biomass, 
geothermal, hydro, landfill gas, natural gas, marine, trash 
combustion, fuel cell, hydrogen, micro-turbine, nuclear, 
clean coal, electric battery, alternative fuel, alternative re-
fueling infrastructure, advanced vehicle, electric grid, or 
energy efficiency-related technologies. 
Subtitle B—Sense of Congress 
Provisions 
SEC. 1121. PROMOTING DEMOCRACY AND HUMAN RIGHTS 
IN BELARUS. 
(a) FINDINGS.—Congress finds the following: 
(1) Despite some modest improvements, notably 
the release of political prisoners, the Belarusian Gov-
ernment’s human rights and democracy record re-
mains poor as governmental authorities continue to 
commit frequent serious abuses. 
(2) 
Since 
1996, 
President 
Alexander 
Lukashenka has consolidated his power over all in-
stitutions and undermined the rule of law through 
authoritarian means. 
(3) Belarus restricts civil liberties, including 
freedoms of press, speech, assembly, association, and 
religion. Nongovernmental organizations and polit-
ical parties are subject to harassment, fines, pros-
ecution, and closure. The Belarusian Government
378 
maintains a virtual monopoly over the country’s in-
formation space. 
(b) POLICY.—It is the policy of the United States 
to— 
(1) support the aspirations of the people of 
Belarus for democracy, human rights, and the rule 
of law; 
(2) support the aspirations of the people of 
Belarus to preserve the independence and sov-
ereignty of their country; 
(3) seek and support the growth of democratic 
movements and institutions in Belarus as well the 
development of a democratic political culture and 
civil society; 
(4) seek and support the growth of an open 
market economy in Belarus through the development 
of entrepreneurship and protection of property 
rights; and 
(5) remain open to re-evaluating United States 
policy toward Belarus, including existing sanctions, 
as warranted by demonstrable democratic and 
human rights progress made by the Belarusian Gov-
ernment. 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
379 
(1) the United States should furnish assistance 
to Belarus to the support democratic processes in 
that country, including— 
(A) expanding and facilitating the develop-
ment of independent print, radio, television, and 
internet broadcasting to and within Belarus; 
(B) aiding the development of civil society 
through assistance to nongovernmental organi-
zations promoting democracy and supporting 
human rights, including youth groups, entre-
preneurs, and independent trade unions; 
(C) supporting the work of human rights 
defenders; 
(D) enhancing the development of demo-
cratic political parties; 
(E) assisting the promotion of free, fair, 
and transparent electoral processes; 
(F) enhancing international exchanges, in-
cluding youth and student exchanges, as well as 
advanced professional training programs for 
leaders and members of the democratic forces 
in skill areas central to the development of civil 
society; and 
(G) supporting educational initiatives such 
as the European Humanities University, a
380 
Belarusian university in exile based in Vilnius, 
Lithuania; and 
(2) the United States should support radio, tel-
evision, and internet broadcasting to the people of 
Belarus in languages spoken in Belarus, including 
broadcasting by Radio Free Europe/Radio Liberty, 
European Radio for Belarus, and Belsat. 
SEC. 1122. SENSE OF CONGRESS RELATING TO SOVIET NU-
CLEAR TESTS AND KAZAKHSTAN’S COMMIT-
MENT TO NONPROLIFERATION. 
(a) FINDINGS.—Congress finds the following: 
(1) In 1991, immediately after achieving inde-
pendence, Kazakhstan closed and sealed the world’s 
second largest nuclear test site in Semipalatinsk 
which had been inherited from the former Soviet 
Union and at which more than 500 nuclear tests 
had been conducted from 1949 to 1991. 
(2) The cumulative power of explosions from 
those tests, conducted above ground, on the ground, 
and underground is believed to be equal to the power 
of 20,000 explosions of the type of bomb dropped on 
Hiroshima, Japan, in 1945. 
(3) More than 1,500,000 people in Kazakhstan 
suffered because of decades of Soviet nuclear weap-
ons testing in the region.
381 
(4) A horrifying array of disease will continue 
to destroy the lives of hundreds of thousands and 
their descendants for many generations to come as 
a result of these tests. 
(5) Since its independence, Kazakhstan has 
constructed a stable and peaceful state, voluntarily 
disarmed the world’s fourth largest nuclear arsenal, 
joined 
the 
Strategic 
Arms 
Reduction 
Treaty 
(START), and within the frameworks of the Cooper-
ative Threat Reduction program the government of 
Kazakhstan, in cooperation with the United States 
Government, conducted a very successful secret op-
eration, code-named Project Sapphire, as a result of 
which 581 kilograms (1,278 pounds) of highly en-
riched uranium enough to produce 20–25 nuclear 
warheads were removed from Kazakhstan. 
(6) Because of the successful cooperation be-
tween the Governments of the United States and 
Kazakhstan, the last lethal weapon was removed 
from Kazakhstan in April 1995. 
(7) Kazakhstan, allegiant to its commitment to 
nonproliferation, in December 2004 signed with the 
United States an amendment to the bilateral agree-
ment on the nonproliferation of weapons of mass de-
struction which will move the two nations towards a
382 
new level of cooperation in preventing the threat of 
bio-terrorism. 
(8) By its actions, Kazakhstan has proven itself 
not only as a universally recognized leader and one 
of the key members in the nonproliferation process, 
but also as a reliable and consistent ally of the 
United States in reducing nuclear threats and pre-
venting lethal weapons from being acquired by ter-
rorist organizations such as Al-Qaeda. 
(9) Recently Kazakhstan has also offered to 
host an international nuclear fuel bank where low- 
enriched uranium would be stored in accordance 
with the highest international standards for safety, 
security, and safeguards. 
(10) The Norwegian Defence Research Estab-
lishment is also working with Kazakhstan to 
strengthen nuclear security and nonproliferation. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the people of Kazakhstan and its Govern-
ment should be congratulated for their commitment 
to nonproliferation and their leadership in offering 
to host an international nuclear fuel bank; and 
(2) the Secretary of State should work to estab-
lish a joint working group with the Governments of
383 
Kazakhstan and Norway to explore common chal-
lenges and opportunities on disarmament and non- 
proliferation, and to assist in assessing the environ-
mental damage and health effects caused by Soviet 
nuclear testing in Semipalatinsk. 
SEC. 1123. SENSE OF CONGRESS ON HOLOCAUST-ERA 
PROPERTY RESTITUTION AND COMPENSA-
TION. 
It is the sense of Congress that— 
(1) countries in Central and Eastern Europe 
which have not already done so must return looted 
and confiscated properties to their rightful owners 
or, where restitution is not possible, pay equitable 
compensation, in accordance with principles of jus-
tice and in an expeditious manner that is trans-
parent and fair; 
(2) countries in Central and Eastern Europe 
must enact and implement appropriate restitution 
and compensation legislation to facilitate private, 
communal, and religious property restitution; and 
(3) countries in Central and Eastern Europe 
must ensure that such restitution and compensation 
legislation establishes a simple, transparent, and 
timely process, so that such process results in a real
384 
benefit to those individuals who suffered from the 
unjust confiscation of their property. 
SEC. 1124. EFFORTS TO SECURE THE FREEDOM OF GILAD 
SHALIT. 
It is the sense of Congress that Israeli soldier Gilad 
Shalit, who has been held captive continuously since his 
illegal abduction by Gazan kidnappers in 2006, should be 
safely released at the earliest possible time and that, pend-
ing his release, the International Committee of the Red 
Cross should be granted full access to him, in accordance 
with international law and civilized values. 
SEC. 1125. SENSE OF CONGRESS RELATING TO SUDAN. 
It is the sense of Congress that— 
(1) the United States should support efforts to 
find a stable and lasting peace in Sudan in the wake 
of a devastating conflict that led to a major humani-
tarian disaster and caused the deaths of hundreds of 
thousands, and continues to cause violence in Darfur 
and throughout Sudan; 
(2) to achieve that peace, all parties must agree 
to uphold the Comprehensive Peace Agreement 
(CPA); 
(3) international partners should aim to widen 
acceptance of the Darfur Peace Agreement by all 
stakeholders;
385 
(4) the United States should support efforts to 
prepare for the national elections and for the ref-
erendum; 
(5) the United States should support efforts to 
develop a coordinated international strategy to sup-
port the rebuilding of Sudan, with a particular focus 
on key CPA benchmarks including policy toward the 
Three Areas, transitional justice, which would in-
clude prosecuting perpetrators of war crimes, oil rev-
enue sharing, the census, the return of displaced 
Darfuris and other peoples to their homeland, and 
management of the armed forces; and 
(6) United States policy toward Darfur should 
be fully integrated with United States policy toward 
the CPA, as full and lasting resolution to the Darfur 
crisis hinges on the resolution of a common set of 
national problems. 
SEC. 1126. SENSE OF CONGRESS ON RESTRICTIONS ON RE-
LIGIOUS FREEDOM IN VIETNAM. 
(a) FINDINGS.—Congress finds the following: 
(1) The Secretary of State, under the Inter-
national Religious Freedom Act of 1998 (22 U.S.C. 
6401 et seq.) and authority delegated by the Presi-
dent, designates nations found guilty of ‘‘particularly
386 
severe violations of religious freedom’’ as ‘‘Countries 
of Particular Concern’’. 
(2) In November 2006, the Secretary of State 
announced that the Socialist Republic of Vietnam 
was no longer designated as a ‘‘Country of Par-
ticular Concern’’. 
(3) The Unified Buddhist Church of Vietnam 
(UBCV), the Hoa Hao Buddhists, and the Cao Dai 
groups continue to face unwarranted abuses because 
of their attempts to organize independently of the 
Government of Vietnam, including the detention and 
imprisonment of individual members of these reli-
gious communities. 
(4) Over the last 3 years, 18 Hoa Hao Bud-
dhists have been arrested for distributing sacred 
texts or publically protesting the religious restric-
tions placed on them by the Government of Vietnam, 
at least 12 remain in prison, including 4 sentenced 
in 2007 for staging a peaceful hunger strike. 
(5) At least 15 individuals are being detained in 
long term house arrest for reasons relating to their 
faith, including the most venerable Thich Quang Do 
and most of the leadership of the UBCV. 
(6) According to Human Rights Watch, ‘‘In 
April 2008 Montagnard Christian Y Ben Hdok was
387 
beaten to death while in police custody in Dak Lak 
after other Montagards in his district tried to flee to 
Cambodia to seek political asylum.’’. 
(7) According to the United States Commission 
on International Religious Freedom 2009 Annual 
Report, religious freedom advocates and human 
rights defenders Nguyen Van Dai, Le Thi Cong 
Nhan, and Fr. Thaddeus Nguyen Van Ly are in 
prison under Article 88 of the Criminal Code of 
Vietnam and Fr. Nguyen Van Loi is being held 
without official detention orders under house arrest. 
(8) In February 2009, as many as 11 
Montagnard Protestants were detained for refusing 
to join the officially recognized Southern Evangelical 
Church of Vietnam, and 2 still remain in prison. 
(9) Since August 2008, the Government of 
Vietnam has arrested and sentenced at least eight 
individuals and beaten, tear-gassed, harassed, pub-
licly slandered, and threatened Catholics engaged in 
peaceful activities seeking the return of Catholic 
Church properties confiscated by the Vietnamese 
Government after 1954 in Hanoi, including in the 
Thai Ha parish. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that—
388 
(1) the Secretary of State should place Vietnam 
on the list of ‘‘Countries of Particular Concern’’ for 
particularly severe violations of religious freedom; 
and 
(2) the Government of Vietnam should lift re-
strictions on religious freedom and implement nec-
essary legal and political reforms to protect religious 
freedom. 
SEC. 1127. SENSE OF CONGRESS RELATING TO THE MUR-
DER OF UNITED STATES AIR FORCE RESERVE 
MAJOR KARL D. HOERIG AND THE NEED FOR 
PROMPT JUSTICE IN STATE OF OHIO V. CLAU-
DIA C. HOERIG. 
(a) FINDINGS.—Congress finds the following: 
(1) United States Air Force Reserve Major 
Karl D. Hoerig of Newton Falls, Ohio, was a United 
States citizen and soldier who admirably served his 
country for over 25 years and flew over 200 combat 
missions. 
(2) The State of Ohio has charged Claudia C. 
Hoerig with aggravated murder in the case of State 
of Ohio v. Claudia C. Hoerig. 
(3) The State of Ohio charges that Claudia C. 
Hoerig, Karl D. Hoerig’s wife, allegedly purchased a 
.357 five-shot revolver, practiced shooting the weap-
389 
on, and then shot Karl D. Hoerig three times, which 
led to his death on March 12, 2007. 
(4) Claudia C. Hoerig fled to Brazil, and claims 
she is both a citizen of the United States and Brazil. 
(5) Brazil’s constitution forbids extradition of 
its nationals, but the United States and Brazil rec-
ognize and uphold a Treaty of Extradition signed in 
1964. 
(6) Law enforcement officials are vigorously 
pursuing State of Ohio v. Claudia C. Hoerig, the 
charge of aggravated murder is internationally rec-
ognized, and the punishment, which is not capital 
punishment, is internationally respected. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) the alleged aggravated murder of United 
States Air Force Reserve Major Karl D. Hoerig is 
deserving of justice, and his family and friends de-
serve closure regarding the murder of their loved 
one; 
(2) the United States Government should, as a 
priority matter, work with prosecutors in the State 
of Ohio, as well as facilitate cooperation with the 
Government of Brazil, in order to obtain justice in 
this tragic case; and
390 
(3) a resolution of the case of State of Ohio v. 
Claudia Hoerig is important to maintain the tradi-
tionally close cooperation and friendship between the 
United States and Brazil. 
SEC. 1128. SENSE OF CONGRESS REGARDING PENSION PAY-
MENTS 
OWED 
BY 
THE 
STATES 
OF 
THE 
FORMER SOVIET UNION. 
It is the sense of Congress that the United States 
should continue working with the states of the former So-
viet Union to come to an agreement whereby each state 
of the former Soviet Union would pay the tens of thou-
sands of beneficiaries who have immigrated to the United 
States the pensions for which they are eligible and enti-
tled. 
SEC. 1129. SENSE OF CONGRESS RELATING TO ISRAEL’S 
RIGHT TO SELF-DEFENSE. 
It is the sense of Congress that Israel has the inalien-
able right to defend itself in the face of an imminent nu-
clear or military threat from Iran, terrorist organizations, 
and the countries that harbor them. 
SEC. 
1130. 
INTERNATIONAL 
PREVENTION 
AND 
ELIMI-
NATION OF CHILD SOLDIERS. 
It is the sense of Congress that— 
(1) the use of child soldiers is unacceptable;
391 
(2) the use of child soldiers is a violation of 
human rights and the prevention and elimination of 
child soldiers should be a foreign policy goal of the 
United States; 
(3) the use of child soldiers promotes killing 
and maiming, sexual violence, abductions, desta-
bilization, and displacement; 
(4) investing in the health, education, well 
being, and safety of children, and providing eco-
nomic opportunity and vocational training for at-risk 
youth, is critical to achieving the goals of the United 
Nations Convention of the Rights of Children; and 
(5) countries should raise to 18 years of age the 
minimum age for the voluntary recruitment of per-
sons into their national armed forces. 
DIVISION B—PEACE ACT OF 2009 
SEC. 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This division may be cited as the 
‘‘Pakistan Enduring Assistance and Cooperation En-
hancement Act of 2009’’ or the ‘‘PEACE Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this division is as follows: 
Sec. 1. Short title and table of contents. 
Sec. 2. Definitions. 
Sec. 3. Findings. 
Sec. 4. Declaration of principles. 
TITLE I—DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT 
ASSISTANCE FOR PAKISTAN
392 
Sec. 101. Purposes of assistance. 
Sec. 102. Authorization of assistance. 
Sec. 103. Multilateral support for Pakistan. 
Sec. 104. Pakistan Democracy and Prosperity Fund. 
Sec. 105. Authorization of appropriations. 
TITLE II—SECURITY ASSISTANCE FOR PAKISTAN 
Sec. 201. Sense of Congress. 
Sec. 202. Purposes of assistance. 
Sec. 203. Authorization of assistance. 
Sec. 204. Pakistan Counterinsurgency Capability Fund. 
Sec. 205. Exchange program between military and civilian personnel of Paki-
stan and certain other countries. 
Sec. 206. Limitation on United States military assistance to Pakistan. 
Sec. 207. Authorization of appropriations. 
TITLE III—MISCELLANEOUS PROVISIONS 
Sec. 301. Comprehensive regional security strategy. 
Sec. 302. Monitoring and evaluation of assistance. 
Sec. 303. Auditing. 
Sec. 304. Requirements for civilian control of United States assistance for 
Pakistan. 
Sec. 305. Sense of Congress. 
Sec. 306. Reports. 
Sec. 307. Sunset. 
TITLE IV—DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM 
RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN AND 
PAKISTAN 
Sec. 401. Short title. 
Sec. 402. Definitions; Purposes. 
Sec. 403. Designation of Reconstruction Opportunity Zones. 
Sec. 404. Duty-free treatment for certain nontextile and nonapparel articles. 
Sec. 405. Duty-free treatment for certain textile and apparel articles. 
Sec. 406. Protections against unlawful transshipment. 
Sec. 407. Technical assistance, capacity building, compliance assessment, and 
remediation program. 
Sec. 408. Petition process. 
Sec. 409. Limitations on providing duty-free treatment. 
Sec. 410. Termination of benefits. 
Sec. 411. Customs user fees. 
SEC. 2. DEFINITIONS. 
In this division: 
(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—Except as otherwise provided in this divi-
sion, the term ‘‘appropriate congressional commit-
393 
tees’’ means the Committees on Appropriations and 
Foreign Affairs of the House of Representatives and 
the Committees on Appropriations and Foreign Re-
lations of the Senate. 
(2) 
COUNTERINSURGENCY.—The 
term 
‘‘counterinsurgency’’ means efforts to defeat orga-
nized movements that seek to overthrow the duly 
constituted Governments of Pakistan and Afghani-
stan through the use of subversion and armed con-
flict. 
(3) COUNTERTERRORISM.—The term ‘‘counter-
terrorism’’ means efforts to combat— 
(A) al Qaeda; and 
(B) other terrorist organizations, as such 
term is defined in section 212(a)(3)(B)(vi) of 
the Immigration and Nationality Act (8 U.S.C. 
1182(a)(3)(B)(vi)). 
(4) FATA.—The term ‘‘FATA’’ means the 
Federally Administered Tribal Areas of Pakistan. 
(5) FCR.—The term ‘‘FCR’’ means the Fron-
tier Crimes Regulation, codified under British law in 
1901, and applicable to the FATA. 
(6) NWFP.—The term ‘‘NWFP’’ means the 
North West Frontier Province of Pakistan, which 
has Peshawar as its provincial capital.
394 
SEC. 3. FINDINGS. 
Congress finds the following: 
(1) The Islamic Republic of Pakistan has been 
a critical ally of the United States for more than 4 
decades. 
(2) With the free and fair election of February 
18, 2008, Pakistan returned to civilian rule after al-
most 9 years under a military dictatorship. 
(3) After the September 11, 2001, terrorist at-
tacks against the United States, Pakistan chose to 
partner with the United States in the fight against 
al Qaeda, the Taliban, and other extremist and ter-
rorist groups. 
(4) Since 2001, the United States has contrib-
uted more than $12,000,000,000 to Pakistan to 
strengthen Pakistan’s governance, economy, edu-
cation system, healthcare services, and military, so 
as to bring freedom and opportunities to the people 
of Pakistan while helping to combat terrorism and 
to counter a domestic insurgency. 
(5) The United States requires a balanced, inte-
grated, countrywide strategy that provides assistance 
throughout Pakistan and does not disproportionately 
focus on military assistance or one particular area or 
province.
395 
(6) Despite killing or capturing hundreds of al 
Qaeda operatives and other terrorists—including 
major al Qaeda leaders, such as Khalid Sheikh Mu-
hammad, Ramzi bin al-Shibh, and Abu Faraj al- 
Libi—Pakistan’s FATA, parts of the NWFP, 
Quetta in Balochistan, and Muridke in Punjab re-
main a sanctuary for al Qaeda, the Afghan Taliban, 
and affiliated groups from which these groups orga-
nize terrorist actions against Pakistan and other 
countries. 
(7) Pakistan’s security forces have recently 
begun taking concerted action against those who 
threaten Pakistan’s security and stability, with mili-
tary operations in the Bajour agency in the FATA 
and in the Swat, Buner, and Dir districts in the 
NWFP. 
(8) The displacement of over 1,000,000 Paki-
stanis poses a grave humanitarian crisis and re-
quires the immediate attention of the United Na-
tions, and the strong support of donor nations, to 
provide food, water, shelter, medicine, sanitation and 
other emergency services and supplies to the dis-
placed, along with longer-term development assist-
ance.
The humanitarian crisis highlights the need 
for Pakistan to develop an effective national counter-
396 
insurgency strategy, in order to mitigate such dis-
placement. 
SEC. 4. DECLARATION OF PRINCIPLES. 
Congress declares that the relationship between the 
United States and Pakistan should be based on the fol-
lowing principles: 
(1) Pakistan is a critical friend and ally to the 
United States, both in times of strife and in times 
of peace, and the two countries share many common 
goals, including combating terrorism and violent 
radicalism, solidifying democracy and rule of law in 
Pakistan, and promoting the social and material 
well-being of the people of Pakistan. 
(2) United States assistance to Pakistan is in-
tended to supplement, not supplant, Pakistan’s own 
efforts in building a stable, secure, and prosperous 
Pakistan, and United States assistance will be whol-
ly ineffective without Pakistan’s own serious efforts 
to improve the health, education, and living stand-
ards of its population, including maintaining or in-
creasing the financial resources devoted to such ef-
forts. 
(3) The United States supports Pakistan’s 
struggle against extremist elements and recognizes 
the profound sacrifice made by Pakistan in the fight
397 
against terrorism, including the loss of more than 
1,600 soldiers since 2001 in combat with al Qaeda, 
the Taliban, and other extremist and terrorist 
groups. 
(4) The United States intends to work with the 
Government of Pakistan— 
(A) to build mutual trust and confidence 
by actively and consistently pursuing a sus-
tained, long-term, multifaceted relationship be-
tween the two countries, devoted to strength-
ening the mutual security, stability, and pros-
perity of both countries; 
(B) to support the people of Pakistan and 
their democratic government in their efforts to 
consolidate democracy, through strengthening 
Pakistan’s parliament, helping Pakistan rees-
tablish an independent and transparent judicial 
system, and working to extend the rule of law 
in all areas in Pakistan; 
(C) to promote long-term development and 
infrastructure projects, including in healthcare, 
water management, and energy programs, in all 
areas of Pakistan, that are sustained and sup-
ported by each successive democratic govern-
ment in Pakistan;
398 
(D) to encourage sustainable economic de-
velopment in Pakistan and the integration of 
Pakistan into the global economy in order to 
improve the living conditions of the people of 
Pakistan; 
(E) to ensure that the people of Pakistan, 
including those living in areas governed by the 
FCR, have access to public, modernized edu-
cation and vocational training to enable them to 
provide for themselves, for their families, and 
for a more prosperous future for their children; 
(F) to expand people-to-people engagement 
between the two countries, through increased 
educational, technical, and cultural exchanges 
and other methods; 
(G) to ensure transparency of and provide 
effective accountability for all United States as-
sistance and reimbursements provided to Paki-
stan; 
(H) to take steps to improve Pakistan’s 
counterterrorism 
financing 
and 
anti-money 
laundering laws to comply with international 
standards, to include applying for ‘‘Financial 
Action Task Force’’ observer status and adher-
ing to the United Nations International Con-
399 
vention for the Suppression of the Financing of 
Terrorism; 
(I) to establish a counterinsurgency and 
counterterrorism strategy to prevent any terri-
tory of Pakistan from being used as a base or 
conduit for terrorist attacks in Pakistan, or 
elsewhere, and ensure that madrasas in Paki-
stan are not used to incite terrorism; 
(J) to ensure that Pakistan has strong and 
effective law enforcement and national defense 
forces, under civilian leadership, with sufficient 
and appropriate security equipment and train-
ing to effectively defend Pakistan against inter-
nal and external threats; 
(K) to ensure access of United States in-
vestigators to individuals suspected of engaging 
in worldwide proliferation of nuclear materials, 
as necessary, and restrict such individuals from 
travel or any other activity that could result in 
further proliferation; 
(L) to help Pakistan meet its commitment 
to not support any person or group that con-
ducts violence, sabotage, or other activities 
meant to instill fear or terror in Pakistan’s 
neighboring countries; and
400 
(M) to help Pakistan gain control of its 
under-governed areas and stop any support, di-
rection, guidance to, or acquiescence in the ac-
tivities of, any person or group that engages in 
acts of violence or intimidation against civilians, 
civilian groups, or governmental entities. 
TITLE 
I—DEMOCRATIC, 
ECO-
NOMIC, AND SOCIAL DEVEL-
OPMENT 
ASSISTANCE 
FOR 
PAKISTAN 
SEC. 101. PURPOSES OF ASSISTANCE. 
The purposes of assistance under this title are— 
(1) to demonstrate unequivocally the long-term 
commitment of the United States to the people of 
Pakistan and Pakistan’s democratic institutions; 
(2) to support the consolidation of democracy, 
good governance, and the rule of law in Pakistan; 
(3) to help build the capacity of law enforce-
ment forces in Pakistan to combat terrorism and 
violent militancy and expeditiously investigate, ar-
rest, and prosecute alleged criminals, consistent with 
the rule of law and due process; 
(4) to further the sustainable and effective eco-
nomic and social development of Pakistan and the 
improvement of the living conditions of the people of
401 
Pakistan, especially in areas of direct interest and 
importance to their daily lives; 
(5) to strengthen regional ties between Pakistan 
and its neighbors by offering concrete nonmilitary 
assistance for issues of mutual economic and social 
concern; 
(6) to strengthen Pakistan’s public education 
system, increase literacy, expand opportunities for 
vocational training, and help create an appropriate 
national curriculum for all schools in Pakistan; 
(7) to expand people-to-people engagement be-
tween the United States and Pakistan, through in-
creased educational, technical, and cultural ex-
changes and other methods; 
(8) to strengthen respect for internationally rec-
ognized human rights in efforts to stabilize the secu-
rity environment in Pakistan; and 
(9) to promote the rights and empowerment of 
women and girls in Pakistan, including efforts to in-
crease access to basic healthcare services to address 
Pakistan’s high maternal mortality rate and to in-
crease girls’ and women’s access to education. 
SEC. 102. AUTHORIZATION OF ASSISTANCE. 
(a) IN GENERAL.—To carry out the purposes of sec-
tion 101, the President is authorized to provide assistance
402 
for Pakistan to support the activities described in sub-
section (b). 
(b) ACTIVITIES SUPPORTED.—Activities that may be 
supported by assistance under subsection (a) include the 
following: 
(1) FORTIFYING DEMOCRATIC INSTITUTIONS.— 
To support, notwithstanding any other provision of 
law, democratic institutions in Pakistan in order to 
strengthen civilian rule and long-term stability, in-
cluding assistance such as— 
(A) support for efforts to strengthen the 
National Parliament of Pakistan, including— 
(i) assistance to parliamentary com-
mittees to enhance the capacity to conduct 
public hearings and oversee government 
activities, including national security issues 
and the military budget, to solicit input on 
key public policy issues, and to oversee the 
conduct of elections; 
(ii) support for the establishment of 
constituency offices and otherwise promote 
the responsibility of members of par-
liament to respond to constituents; and 
(iii) strengthening of the role of par-
liamentary leadership;
403 
(B) support for voter education and civil 
society training, including training with grass-
roots organizations to enhance the capacity of 
the organizations to advocate for the develop-
ment of public policy; 
(C) support for political parties, including 
increasing their capacity and protecting their 
right to carry out political activities without re-
striction (other than reasonable administrative 
requirements commonly applied in democratic 
countries) and fostering the responsiveness of 
such parties to the needs of the people of Paki-
stan; 
(D) support for strengthening the capacity 
of the civilian Government of Pakistan to carry 
out its responsibilities, including supporting the 
establishment of frameworks that promote gov-
ernment transparency and criminalize corrup-
tion in both the government and private sector, 
audit offices, inspectors general offices, third- 
party monitoring of government procurement 
processes, whistle-blower protections, and anti- 
corruption agencies; and
404 
(E) in particular, support for efforts by the 
Government of Pakistan to promote governance 
reforms in the FATA, including— 
(i) extension of the Political Parties 
Act; 
(ii) local experimentation with meth-
ods to transition from the FCR; and 
(iii) long-term development of durable 
and responsive political institutions. 
(2) ENHANCEMENT AND STRENGTHENING OF 
THE JUDICIAL SYSTEM AND LAW ENFORCEMENT.— 
To support, notwithstanding any other provision of 
law, Pakistan’s efforts to expand the rule of law and 
build the capacity, transparency, and trust in gov-
ernment institutions, at the national, provincial, and 
local levels, including assistance such as— 
(A) support for the rule of law and sys-
temic improvement of judicial and criminal jus-
tice institutions, including— 
(i) management of courts; 
(ii) enhanced career opportunities and 
professional training for judges, public de-
fenders, and prosecutors; and 
(iii) efforts to enhance the rule of law 
to all areas in Pakistan where the writ of
405 
the government is under heightened chal-
lenge by terrorists and militants, including 
through innovations in the delivery of judi-
cial services that enhance the legitimacy of 
state institutions; 
(B) support for professionalization of the 
police, including— 
(i) training regarding use of force; 
(ii) education and training regarding 
human rights; 
(iii) training regarding evidence pres-
ervation and chain of custody; and 
(iv) training regarding community po-
licing; 
(C) support for independent law enforce-
ment agencies, such as the Intelligence Bureau 
of the Ministry of Interior, responsive to civilian 
control, including— 
(i) enhanced coordination with judicial 
processes; 
(ii) enhancement of forensics capabili-
ties; 
(iii) data collection and analyses; 
(iv) case tracking and management;
406 
(v) financial intelligence functions; 
and 
(vi) maintenance of data systems to 
track terrorist of criminal activity; and 
(D) strengthening the capacity of the po-
lice and other civilian law enforcement agencies 
to provide a robust response to threats from ex-
tremists and terrorists along the frontier and 
elsewhere in Pakistan, including— 
(i) the development of an elite rapid 
reaction force which could be deployed on 
short notice to secure areas that are 
threatened by militancy; and 
(ii) facilitating improved counterter-
rorism and counterinsurgency coordination 
between local government officials, the po-
lice, paramilitary, and military leaders. 
(3) SUPPORT FOR BROAD-BASED AND SUSTAIN-
ABLE ECONOMIC DEVELOPMENT.—To support eco-
nomic development in Pakistan by— 
(A) promoting energy sector reform and 
development; 
(B) expanding assistance for agricultural 
and rural development, including farm-to-mar-
ket roads, systems to prevent spoilage and
407 
waste, and other small-scale infrastructure im-
provements that will enhance supply and dis-
tribution networks; 
(C) increasing employment opportunities, 
including support to small and medium enter-
prises, microfinance and microenterprise activi-
ties, and in particular programs to improve the 
lives of women and girls; 
(D) preventing youth from turning to ex-
tremism and militancy, and promoting the re-
nunciation of such tactics and extremist 
ideologies, by providing economic, social, edu-
cational, and vocational opportunities and life- 
skills training to at-risk youth; and 
(E) increasing investment in infrastruc-
ture, including construction of roads, water re-
source management systems, irrigation chan-
nels, and continued development of a national 
aviation industry and aviation infrastructure. 
(4) SUPPORT TO INCREASE LOCAL CAPACITY.— 
To increase the capacity and improve the sustain-
ability of Pakistan’s national, provincial, and local 
governmental and nongovernmental institutions, in-
cluding assistance to—
408 
(A) increase and improve the capacity of 
Pakistan’s national, provincial, and local gov-
ernmental institutions by— 
(i) providing technical assistance to all 
ministries to improve transparency and 
ability to respond to the needs of the peo-
ple of Pakistan; and 
(ii) promoting the implementation of 
fiscal and personnel management, includ-
ing revenue tracking and expenditure sys-
tems; and 
(B) enhance the capacity of Pakistan’s 
nongovernmental and civil society organizations 
to respond to the needs of the people of Paki-
stan by— 
(i) increasing support for local non-
governmental 
organizations 
with 
dem-
onstrated experience in delivering services 
to the people of Pakistan, particularly to 
women, children, and other vulnerable pop-
ulations in Pakistan; 
(ii) providing training and education 
to local nongovernmental and civil society 
organizations on ways to identify and im-
409 
prove the delivery of services to the people 
of Pakistan; and 
(iii) promoting local ownership and 
participation, including encouraging com-
munities to contribute a percentage of the 
value of United States projects or activities 
carried out under this title in the form of 
labor, in-kind materials, or other provi-
sions. 
(5) SUPPORT
FOR
PUBLIC
EDUCATION
SYS-
TEM.—To support Pakistan’s public education sys-
tem, including— 
(A) implementation of a national education 
strategy, to include both primary and secondary 
education, focused on literacy and civic edu-
cation, including— 
(i) programs to assist development of 
modern, nationwide school curriculums for 
public, private, and religious schools that 
incorporate relevant subjects, such as 
math, science, literature, and human rights 
awareness, in addition to agricultural edu-
cation and training; 
(ii) enhancement of civic education 
programs focused on political participation,
410 
democratic institutions, and tolerance of 
diverse ethnic and religious groups; and 
(iii) support for the proper oversight 
of all educational institutions, including 
madrasas, as required by Pakistani law, in-
cluding registration with the Ministry of 
Education and regular monitoring of cur-
riculum by the Ministry of Education to 
ensure students in Pakistan receive a com-
prehensive education; 
(B) initiatives to enhance the access to 
education for women and girls, and to increase 
women’s literacy, with special emphasis on help-
ing girls stay in school; 
(C) funding to the Government of Pakistan 
to use to increase immediately teacher salaries 
and to recruit and train teachers and adminis-
trators, as well as develop formalized salary 
scales with merit-based pay increases; 
(D) establishment of vocational and tech-
nical programs to enhance employment opportu-
nities; 
(E) encouragement of United States and 
Pakistani public-private partnerships to in-
411 
crease investment in higher education and tech-
nical training opportunities; 
(F) construction and maintenance of li-
braries and public schools, including water sani-
tation, perimeter walls, and recreation areas; 
(G) provision of textbooks and other learn-
ing materials and food assistance for student 
meals; and 
(H) provision of software to educational in-
stitutions and students at the lowest possible 
cost, specifically targeting universities that spe-
cialize in information technology, and women’s 
colleges and women’s secondary schools. 
(6) SUPPORT
FOR
HUMAN
RIGHTS.—To pro-
mote respect for and compliance with internationally 
recognized human rights, including assistance such 
as— 
(A) programs to strengthen civil society or-
ganizations that promote internationally recog-
nized human rights, including religious free-
dom, freedom of expression, and freedom of as-
sociation, and that support human rights moni-
toring; 
(B) promotion of education regarding 
internationally recognized human rights;
412 
(C) programs designed to end traditional 
practices and punishments that are inconsistent 
with internationally recognized human rights 
norms and protections, such as honor killings 
and other forms of cruel and unusual punish-
ments; 
(D) promotion of freedom of religion and 
religious tolerance, protection of religious mi-
norities, and promotion of freedom of expres-
sion and association, including support for re-
sponsible independent media; 
(E) promotion of nongovernmental organi-
zations that focus on the protection of women 
and girls, including women-led organizations 
and programs that support the participation of 
women in the national, provincial, and local po-
litical process, and programs to end violence 
against women, including rape; 
(F) technical, legal, and law enforcement 
assistance for the investigation of past dis-
appearances of individuals in Pakistan and the 
development of a national database of such in-
dividuals; and 
(G) programs in support and protection of 
the rights of ethnic minorities in Pakistan, in-
413 
cluding Baluchis, Sindhis, and Pashtuns, to 
preserve their language, culture, traditional 
areas of inhabitancy, and to fight any direct or 
indirect discrimination. 
(7) SUPPORT FOR REFUGEES AND INTERNALLY 
DISPLACED PERSONS.—It is the sense of Congress 
that— 
(A) counterinsurgency operations being 
carried out by the Government of Pakistan 
should be designed to minimize civilian casual-
ties and collateral damage to the people of 
Pakistan and to provide security for the deliv-
ery of humanitarian assistance to the affected 
civilian population; 
(B) the United States should continue to 
provide robust assistance to the people of Paki-
stan who have been displaced as a result of on-
going conflict and violence; 
(C) the United States should support 
international efforts to coordinate assistance to 
refugees and internally displaced persons in 
Pakistan, including by providing support to 
international and nongovernmental organiza-
tions for this purpose;
414 
(D) the Administrator of the United States 
Agency for International Development should 
support the development objectives of the Ref-
ugee Affected and Host Areas (RAHA) Initia-
tive in Pakistan to address livelihoods, heath, 
education, infrastructure development, and en-
vironmental restoration in identified parts of 
the country where Afghan refugees have lived; 
and 
(E) the Administrator of the United States 
Agency for International Development should 
evaluate the effectiveness of the livelihoods 
projects in the FATA in order to determine 
whether systems need to be put into place to 
improve programming in this key sector. 
(8) SUPPORT FOR HEALTHCARE EFFORTS.—To 
provide urgently needed healthcare assistance to the 
people of Pakistan, including assistance to supple-
ment the Government of Pakistan’s efforts to elimi-
nate diseases, including hepatitis, and to reduce the 
nation’s high maternal and under-five mortality 
rates, including— 
(A) support for repairing and building 
healthcare infrastructure, including purchase of 
equipment and training of health professionals,
415 
to ensure adequate access to healthcare for 
Pakistan’s population, especially among its 
rural, poor, marginalized and disadvantaged 
segments; and 
(B) promotion of efforts by the Govern-
ment of Pakistan to reduce maternal mortality, 
including through the provision of maternal and 
newborn health services and development of 
community-based skilled birth attendants. 
(9) SUPPORT FOR PUBLIC DIPLOMACY.—To im-
plement a more effective public diplomacy strategy 
in Pakistan in order to ensure that the Pakistani 
public recognizes that it is in Pakistan’s own inter-
est to partner with the United States and other like- 
minded countries to combat militant extremism, as 
well as to promote a better understanding of the 
United States, including through the following: 
(A) Partnering with the Government of 
Pakistan to highlight the negative behavior of 
insurgent groups and to encourage civil society, 
respected scholars, and other leaders to speak 
out against militancy and violence. 
(B) Providing technical assistance to the 
Government of Pakistan to both disrupt and 
provide alternatives to the illegal FM radio sta-
416 
tions used by insurgent groups in the FATA 
and adjacent districts of the NWFP. 
(C) Expanded exchange activities under 
the Fulbright Program, the International Vis-
itor Leadership Program, the Youth Exchange 
and Study Program, and related programs ad-
ministered by the Department of State designed 
to promote mutual understanding and interfaith 
dialogue. 
(D) Expansion of sister institution pro-
grams between United States and Pakistani 
schools and universities, towns and cities, and 
other organizations in such fields as medicine 
and healthcare, business management, environ-
mental protection, information technology, and 
agriculture. 
(E) Additional scholarships to enable stu-
dents to study in the United States. 
SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN. 
To the extent that Pakistan continues to evolve to-
ward civilian control of the government and to develop and 
implement comprehensive economic reform programs, the 
President should do the following: 
(1) MULTILATERAL SUPPORT.—Take the lead 
in mobilizing international financial institutions, in
417 
particular the International Monetary Fund and af-
filiated institutions in the World Bank group, to pro-
vide timely and appropriate resources to help Paki-
stan. 
(2) STABILIZATION ASSISTANCE.—In conjunc-
tion with other governments and international finan-
cial institutions (including the International Mone-
tary Fund), support the implementation of a plan of 
the Government of Pakistan to attack structural 
economic problems, address pressing social problems, 
carry out comprehensive economic reform, and re-
lieve immediate and urgent balance of payments re-
quirements in Pakistan. 
(3) CURRENCY
STABILIZATION
LOANS.—Pro-
vide leadership in supporting multilateral agree-
ments to provide government-to-government loans 
for currency stabilization in Pakistan if the loans 
can reduce inflation and thereby foster conditions 
necessary for the effective implementation of eco-
nomic reforms. 
SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND. 
(a) ESTABLISHMENT
OF FUND.—There is estab-
lished in the Treasury of the United States a fund to be 
known as the ‘‘Pakistan Democracy and Prosperity Fund’’ 
(hereinafter in this section referred to as the ‘‘Fund’’),
418 
consisting of such amounts as may be appropriated or 
transferred to the Fund as provided in this section and 
which may be used for purposes of this title. 
(b) TRANSFERS TO FUND.—The Fund shall consist 
of the following: 
(1) Amounts appropriated to carry out this 
title. 
(2) Amounts appropriated on or after the date 
of the enactment of this Act for ‘‘Development As-
sistance’’, ‘‘Global Health and Child Survival’’, and 
the ‘‘Economic Support Fund’’ for assistance for 
Pakistan under the Foreign Assistance Act of 1961 
(22 U.S.C. 2151 et seq.) that are transferred by the 
President to the Fund pursuant to subsection (d). 
(3) To the extent or in the amounts provided in 
advance in appropriations Acts, amounts accepted by 
the President under subsection (c) that are trans-
ferred by the President to the Fund pursuant to 
subsection (d). 
(c) ACCEPTANCE
OF
AMOUNTS
FROM
OUTSIDE 
SOURCES.—The President may accept funds from non- 
United States Government sources, including foreign gov-
ernments, nongovernmental organizations, private busi-
ness entities, and private individuals, for purposes of car-
rying out this title.
419 
(d) STATUS
OF AVAILABILITY
OF AMOUNTS
IN 
FUND.—The President is authorized to transfer to the 
Fund amounts under paragraphs (2) and (3) of subsection 
(b). Such amounts shall be merged with and shall be avail-
able for any purpose for which any of the amounts so 
transferred are available. 
(e) REPORT.—The President shall transmit to the 
appropriate congressional committees not later than 180 
days after the date of the enactment of this Act, and every 
180 days thereafter until September 30, 2018, a report 
on programs, projects, and activities carried out using 
amounts obligated and expended from the Fund. 
SEC. 105. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the President to carry out this title 
$1,500,000,000 for each of the fiscal years 2010 through 
2013. 
(b) AVAILABILITY.—Amounts authorized to be appro-
priated to carry out this title for a fiscal year are— 
(1) authorized to remain available until Sep-
tember 30 of the succeeding fiscal year; and 
(2) in addition to amounts otherwise available 
for such purposes. 
(c) SENSE OF THE CONGRESS.—It is the sense of 
Congress that United States assistance provided under
420 
this title should be made available on a proportional and 
equitable basis between the FATA and other regions of 
Pakistan. 
TITLE II—SECURITY 
ASSISTANCE FOR PAKISTAN 
SEC. 201. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) United States security assistance for Paki-
stan should be used to improve relationships between 
United States military and Pakistani military per-
sonnel, including outreach to the ‘‘lost generation’’ 
of Pakistan’s officers who did not attend United 
States-sponsored training as a result of restrictions 
placed on United States assistance for Pakistan due 
to Pakistan’s possession of a nuclear device; and 
(2) United States security assistance for Paki-
stan should be fully accountable, should be contin-
gent on Pakistan ending support for terrorist 
groups, and should meet the national security needs 
of Pakistan. 
SEC. 202. PURPOSES OF ASSISTANCE. 
The purposes of assistance under this title are— 
(1) to support Pakistan’s paramount national 
security need to fight and win the ongoing counter-
insurgency within its borders;
421 
(2) to work with the Government of Pakistan to 
protect and secure Pakistan’s borders and prevent 
any Pakistani territory from being used as a base or 
conduit for terrorist attacks in Pakistan, or else-
where; 
(3) to work in close cooperation with the Gov-
ernment of Pakistan to coordinate action against ex-
tremist and terrorist targets; and 
(4) to develop knowledge of and appreciation 
for democratic governance and a military that is 
controlled by and responsible to democratically elect-
ed civilian leadership. 
SEC. 203. AUTHORIZATION OF ASSISTANCE. 
(a) INTERNATIONAL
MILITARY
EDUCATION
AND 
TRAINING.— 
(1) IN GENERAL.—Of the amounts authorized 
to be appropriated to carry out this title, not less 
than $4,000,000 for fiscal year 2010 and such sums 
as may be necessary for each of the fiscal years 
2011 through 2013 are authorized be made available 
for assistance under chapter 5 of part II of the For-
eign Assistance Act of 1961 (22 U.S.C. 2347 et 
seq.; relating to international military education and 
training) for Pakistan, including expanded inter-
422 
national military education and training (commonly 
known as ‘‘E–IMET’’). 
(2) USE OF FUNDS.—Not less than 30 percent 
of the amount made available to carry out this sub-
section for a fiscal year may be used to pay for 
courses of study and training in counterinsurgency 
and civil-military relations. 
(b) FOREIGN MILITARY FINANCING PROGRAM.— 
(1) IN GENERAL.—Of the amounts authorized 
to be appropriated to carry out this title, not less 
than $300,000,000 for fiscal year 2010 and such 
sums as may be necessary for each of the fiscal 
years 2011 through 2013 are authorized to be made 
available for grant assistance under section 23 of the 
Arms Export Control Act (22 U.S.C. 2763; relating 
to the Foreign Military Financing program) for the 
purchase of defense articles, defense services, and 
military education and training for Pakistan. 
(2) USE OF FUNDS.—Not less than 75 percent 
of the amount made available to carry out this sub-
section for a fiscal year may be used for the pur-
chase of defense articles, defense services, and mili-
tary education and training for activities relating to 
counterinsurgency and counterterrorism operations
423 
in Pakistan. Such articles, services, and military 
education and training may include the following: 
(A) Aviation maintenance and logistics 
support for United States-origin and United 
States-supported rotary wing aircraft and up-
grades to such aircraft to include modern night 
vision and targeting capabilities. 
(B) Intelligence, surveillance, and recon-
naissance (ISR) ground and air manned and 
unmanned platforms, including sustainment. 
(C) Command and control capabilities. 
(D) Force protection and counter impro-
vised explosive device capabilities, including pro-
tection of vehicles. 
(E) Protective equipment, such as body 
armor and helmets, night vision goggles, and 
other individual equipment, including load-bear-
ing equipment, individual and unit level first 
aid equipment, ballistic eye protection, and cold 
weather equipment. 
(F) Appropriate individual and unit level 
medical services and articles for the Pakistan 
Army, the Pakistan Frontier Corps, and other 
appropriate security forces.
424 
(G) Assistance to enable the Pakistani 
military to distribute humanitarian assistance 
and establish a tactical civil-military operations 
capability, including a civil affairs directorate. 
(3) RESTRICTION
RELATING
TO
F–16
PRO-
GRAM.— 
(A) CONGRESSIONAL FINDING.—In accord-
ance with the Letters of Offer and Acceptance 
signed between the United States and Pakistan 
in 2006, Congress finds that the Government of 
Pakistan is responsible for making the remain-
ing payments on the 2006 sales relating to F– 
16 fighter aircraft and associated equipment 
with its own national funds, including the mid- 
life updates and munitions for such aircraft in-
cluded in such Letters of Offer and Acceptance. 
(B) RESTRICTION.—Subject to subpara-
graph (C), amounts authorized to be made 
available under this subsection for a fiscal year 
may not be used for the purchase of, or up-
grade to, F–16 fighter aircraft or munitions for 
such aircraft. 
(C) EXCEPTION.—Amounts authorized to 
be made available under this subsection for a 
fiscal year are authorized to be used for mili-
425 
tary construction pursuant to the security plan 
contained in the Letters of Offer and Accept-
ance signed between the United States and 
Pakistan in 2006. 
(D) WAIVER.—The President may waive 
the restriction under subparagraph (B) with re-
spect to amounts authorized to be made avail-
able under this subsection for a fiscal year, 
other than amounts authorized to be made 
available under paragraph (2) of this sub-
section, if the President certifies to the appro-
priate congressional committees not later than 
15 days prior to exercising the authority of this 
subparagraph that the waiver is important to 
the national security interests of the United 
States. 
(4) SECURITY
ASSISTANCE
PLAN.—Not later 
than 180 days after the date of the enactment of 
this Act, the President shall transmit to the appro-
priate congressional committees a plan for the pro-
posed use of amounts authorized to be made avail-
able under this subsection for each of the fiscal 
years 2010 through 2013. Such plan shall include 
an assessment of how the use of such amounts com-
426 
plements or otherwise is related to amounts de-
scribed in section 204. 
(5) ADDITIONAL AUTHORITY.—Except as pro-
vided in section 3(a)(2) of the Arms Export Control 
Act and except as otherwise provided in this title, 
amounts authorized to be made available to carry 
out paragraph (2) for fiscal years 2010 and 2011 
are authorized to be made available notwithstanding 
any other provision of law. 
(6) DEFINITIONS.—In this section, the terms 
‘‘defense articles’’, ‘‘defense services’’, and ‘‘military 
education and training’’ have the meaning given 
such terms in section 644 of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2403). 
(c) SENSE OF CONGRESS.—It is the sense of Con-
gress that the United States should facilitate Pakistan’s 
establishment of a program to enable the Pakistani mili-
tary to provide reconstruction assistance in areas damaged 
by combat operations. 
SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY 
FUND. 
(a) FOR FISCAL YEAR 2010.— 
(1) IN GENERAL.—For fiscal year 2010, the 
Department of State’s Pakistan Counterinsurgency
427 
Capability Fund, hereinafter in this section referred 
to as the ‘‘Fund’’, shall consist of the following: 
(A) Amounts appropriated to carry out 
this subsection. 
(B) Amounts otherwise available to the 
Secretary of State to carry out this subsection. 
(2) PURPOSES
OF
FUND.—Amounts in the 
Fund made available to carry out this subsection for 
any fiscal year are authorized to be used by the Sec-
retary of State, with the concurrence of the Sec-
retary of Defense, to build and maintain the 
counterinsurgency capability of Pakistan under the 
same terms and conditions (except as otherwise pro-
vided in this subsection) that are applicable to 
amounts made available under the Fund for fiscal 
year 2009. 
(3) TRANSFER AUTHORITY.— 
(A) IN GENERAL.—The Secretary of State 
is authorized to transfer amounts in the Fund 
made available to carry out this subsection for 
any fiscal year to the Department of Defense’s 
Pakistan Counterinsurgency Fund. 
(B) 
TREATMENT
OF
TRANSFERRED 
FUNDS.—Subject to the requirements of para-
graph (4), transfers from the Fund under the
428 
authority of subparagraph (A) shall be merged 
with and be available for the same purposes and 
for the same time period as amounts in the De-
partment of Defense’s Pakistan Counterinsur-
gency Fund. 
(C) RELATION TO OTHER AUTHORITIES.— 
The authority to make transfers from the Fund 
under subparagraph (A) is in addition to any 
other transfer of funds authority of the Depart-
ment of State. The authority to provide assist-
ance under this subsection is in addition to any 
other authority to provide assistance to foreign 
countries. 
(D) NOTIFICATION.—The Secretary of 
State shall, not less than 15 days prior to mak-
ing transfers from the Fund under subpara-
graph (A), notify the appropriate congressional 
committees in writing of the details of any such 
transfer. 
(4) RESTRICTION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), amounts in the Fund made available 
to carry out this subsection for any fiscal year 
may not be used to purchase F–16 fighter air-
craft, to purchase mid-life updates for such air-
429 
craft, or to make payments on the sales of F– 
16 fighter aircraft and associated equipment 
described in section 203(b)(3)(A). 
(B) EXCEPTION.—Amounts in the Fund 
made available to carry out this subsection for 
any fiscal year are authorized to be used for 
military construction activities. 
(C) WAIVER.—The President may waive 
the restriction under subparagraph (A) with re-
spect to amounts described in subparagraph (A) 
if the President certifies to the appropriate con-
gressional committees not later than 15 days 
prior to exercising the authority of this sub-
paragraph that the waiver is important to the 
national security interests of the United States. 
(5) AUTHORIZATION OF APPROPRIATIONS.—For 
fiscal year 2010, $300,000,000 is hereby authorized 
to be appropriated to carry out this subsection. 
(b) SUBMISSION OF NOTIFICATIONS.—Any notifica-
tion required by this section shall be submitted in classi-
fied form, but may include a unclassified annex if nec-
essary. 
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DE-
FINED.—In this section, the term ‘‘appropriate congres-
sional committees’’ means—
430 
(1) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
Foreign Affairs of the House of Representatives; 
and 
(2) the Committee on Appropriations, the Com-
mittee on Armed Services, and the Committee on 
Foreign Relations of the Senate. 
SEC. 205. EXCHANGE PROGRAM BETWEEN MILITARY AND 
CIVILIAN PERSONNEL OF PAKISTAN AND 
CERTAIN OTHER COUNTRIES. 
(a) IN GENERAL.—The Secretary of State is author-
ized to establish an exchange program between— 
(1) military and civilian personnel of Pakistan; 
and 
(2)(A) military and civilian personnel of coun-
tries determined by the Secretary of State to be in 
transition to democracy; or 
(B) military and civilian personnel of North At-
lantic Treaty Organization member countries, 
in order to foster greater respect for and understanding 
of the principle of civilian rule of Pakistan’s military. The 
program established under this subsection shall be known 
as the ‘‘Pakistan Military Transition Program’’. 
(b) ELEMENTS OF PROGRAM.—The program author-
ized under subsection (a) may include—
431 
(1) conferences, seminars, and other events; 
(2) distribution of publications; and 
(3) reimbursement of expenses of foreign mili-
tary personnel participating in the program, includ-
ing transportation expenses, translation services ex-
penses, and administrative expenses relating to the 
program. 
(c) 
ROLE
OF
NONGOVERNMENTAL
ORGANIZA-
TIONS.—Amounts authorized to be appropriated to carry 
out this title for a fiscal year are authorized to be made 
available for nongovernmental organizations to facilitate 
the implementation of the program authorized under sub-
section (a). 
SEC. 206. LIMITATION ON UNITED STATES MILITARY AS-
SISTANCE TO PAKISTAN. 
(a) PROHIBITION ON USE OF FUNDS.—None of the 
funds authorized to be appropriated for military assistance 
to Pakistan for fiscal year 2011 and each fiscal year there-
after may be obligated or expended if the President has 
not made the determinations described in subsection (b) 
for such fiscal year. 
(b) DETERMINATIONS REGARDING ENHANCED CO-
OPERATION BETWEEN THE UNITED STATES AND PAKI-
STAN.—The determinations referred to in subsection (a) 
are—
432 
(1) a determination by the President at the be-
ginning of each fiscal year that the Government of 
Pakistan is continuing to cooperate with the United 
States in efforts to dismantle supplier networks re-
lating to the acquisition of nuclear weapons-related 
materials, including, as necessary, providing direct 
access to Pakistani nationals associated with such 
networks; and 
(2) a determination by the President at the be-
ginning of each fiscal year that the Government of 
Pakistan during the preceding fiscal year has dem-
onstrated a sustained commitment to and making 
progress towards combating terrorist groups, includ-
ing taking into account the progress the Government 
of Pakistan has made with regard to— 
(A) ceasing support, including by any ele-
ments within the Pakistan military or its intel-
ligence agency, to extremist and terrorist 
groups, particularly to any group that has con-
ducted attacks against United States or coali-
tion forces in Afghanistan, or against the terri-
tory or people of neighboring countries; 
(B) closing terrorist camps in the FATA, 
dismantling terrorist bases of operations in 
other parts of the country, including Quetta
433 
and Muridke, and taking action when provided 
with intelligence about high-level terrorist tar-
gets; 
(C) preventing cross-border attacks into 
neighboring countries; and 
(D) strengthening counter-terrorism and 
anti-money laundering laws. 
(c) WAIVER.—The President may waive the restric-
tion under subsection (a) for any fiscal year if the Presi-
dent certifies to the appropriate congressional committees 
15 days before the President exercises the authority of this 
subsection that the provision of military assistance to 
Pakistan is important to the national security interests of 
the United States. 
(d) CONSULTATION
AND
WRITTEN
JUSTIFICA-
TION.—Not later than 5 days prior to making a deter-
mination described in subsection (b), the President shall 
consult with the appropriate congressional committees 
and, upon making such determination, shall submit to the 
appropriate congressional committees a written justifica-
tion that specifies the basis upon which the President 
made such a determination, including an acknowledgment 
of the extent to which the Government of Pakistan has 
made progress with regard to subsection (b)(2). The jus-
434 
tification shall be unclassified but may include a classified 
annex. 
(e) GAO ANALYSIS AND REPORT.—Not later than 
120 days after the President makes the determinations de-
scribed in subsection (b), the Comptroller General of the 
United States shall conduct an independent analysis of 
each of the determinations under subsection (b) and writ-
ten justifications for such determinations under subsection 
(d) and shall submit to the appropriate congressional com-
mittees a report containing the results of the independent 
analysis. 
(f) DEFINITIONS.—For purposes of this section— 
(1) the term ‘‘appropriate congressional com-
mittees’’ means— 
(A) the Committee on Foreign Affairs, the 
Committee on Armed Services, the Committee 
on Oversight and Government Reform, and the 
Permanent Select Committee on Intelligence of 
the House of Representatives; and 
(B) the Committee on Foreign Relations, 
the Committee on Armed Services, and the Se-
lect Committee on Intelligence of the Senate; 
and 
(2) the term ‘‘military assistance’’—
435 
(A) means assistance authorized under sec-
tion 23 of the Arms Export Control Act (22 
U.S.C. 2763; relating to the Foreign Military 
Financing program), including assistance au-
thorized under section 203(b) of this division 
and assistance authorized under part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 
2301 et seq.), other than assistance authorized 
under chapter 5 of part II of such Act (22 
U.S.C. 2347 et seq.); but 
(B) does not include assistance authorized 
under any provision of law that is funded from 
accounts within budget function 050 (National 
Defense). 
SEC. 207. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There are authorized to be appro-
priated to the President to carry out this title, other than 
section 204, $400,000,000 for fiscal year 2010 and such 
sums as may be necessary for each of the fiscal years 2011 
through 2013. 
(b) RELATION
TO OTHER AVAILABLE FUNDS.— 
Amounts authorized to be appropriated to carry out this 
title for a fiscal year are in addition to amounts otherwise 
available for such purposes.
436 
TITLE III—MISCELLANEOUS 
PROVISIONS 
SEC. 301. COMPREHENSIVE REGIONAL SECURITY STRAT-
EGY. 
(a) SENSE OF CONGRESS.—It is the sense of Con-
gress that the achievement of United States national secu-
rity goals to eliminate terrorist threats and close safe ha-
vens in Pakistan requires the development of a com-
prehensive plan that utilizes all elements of national 
power, including in coordination and cooperation with 
other concerned governments, and that it is critical to 
Pakistan’s long-term prosperity and security to strengthen 
regional relationships among India, Pakistan, and Afghan-
istan. 
(b) COMPREHENSIVE REGIONAL SECURITY STRAT-
EGY.—The President shall develop a comprehensive re-
gional security strategy to eliminate terrorist threats and 
close safe havens in Pakistan, including by working with 
the Government of Pakistan and other relevant govern-
ments and organizations in the region and elsewhere, as 
appropriate, to best implement effective counterinsurgency 
and counterterrorism efforts in and near the border areas 
of Pakistan and Afghanistan, including the FATA, 
NWFP, parts of Balochistan, and parts of Punjab. 
(c) REPORT.—
437 
(1) IN
GENERAL.—Not later than 180 days 
after the date of the enactment of this Act, the 
President shall transmit to the appropriate congres-
sional committees a report on the comprehensive re-
gional security strategy required under subsection 
(b). 
(2) CONTENTS.—The report shall include a 
copy of the comprehensive regional security strategy, 
including specifications of goals, and proposed 
timelines and budgets for implementation of the 
strategy. 
(d) DEFINITION.—For purposes of this section, the 
term ‘‘appropriate congressional committees’’ means the 
Committees on Foreign Affairs and Armed Services of the 
House of Representatives and the Committees on Foreign 
Relations and Armed Services of the Senate. 
SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE. 
(a) DEFINITIONS.—In this section: 
(1) 
IMPACT
EVALUATION
RESEARCH.—The 
term ‘‘impact evaluation research’’ means the appli-
cation of research methods and statistical analysis to 
measure the extent to which change in a population- 
based outcome can be attributed to program inter-
vention instead of other environmental factors.
438 
(2) OPERATIONS RESEARCH.—The term ‘‘oper-
ations research’’ means the application of social 
science research methods, statistical analysis, and 
other appropriate scientific methods to judge, com-
pare, and improve policies and program outcomes, 
from the earliest stages of defining and designing 
programs through their development and implemen-
tation, with the objective of the rapid dissemination 
of conclusions and concrete impact on programming. 
(3) PROGRAM
MONITORING.—The term ‘‘pro-
gram monitoring’’ means the collection, analysis, 
and use of routine program data to determine how 
well a program is carried out and how much the pro-
gram costs. 
(b) SENSE OF CONGRESS.—It is the sense of Con-
gress that— 
(1) to successfully enhance democracy and the 
rule of law in Pakistan, defeat extremist elements, 
and ensure the protection of human rights, the 
President should establish a program to conduct im-
pact evaluation research, operations research, and 
program monitoring to ensure effectiveness of assist-
ance provided under title I of this division; 
(2) long-term solutions to Pakistan’s security 
problems depend on increasing the effectiveness and
439 
responsiveness of civilian institutions in Pakistan, 
including the parliament and judicial system; 
(3) a specific program of impact evaluation re-
search, operations research, and program moni-
toring, established at the inception of the program, 
is required to permit assessment of the operational 
effectiveness of impact of United States assistance 
towards these goals; and 
(4) the President, in developing performance 
measurement methods under the impact evaluation 
research, operations research, and program moni-
toring, should consult with the appropriate congres-
sional committees as well as the Government of 
Pakistan. 
(c) IMPACT EVALUATION RESEARCH, OPERATIONS 
RESEARCH, AND PROGRAM MONITORING
OF ASSIST-
ANCE.—The President shall establish and implement a 
program to assess the effectiveness of assistance provided 
under title I of this division through impact evaluation re-
search on a selected set of programmatic interventions, op-
erations research in areas to ensure efficiency and effec-
tiveness of program implementation, and monitoring to 
ensure timely and transparent delivery of assistance. 
(d) REQUIREMENTS.—The program required under 
subsection (c) shall include—
440 
(1) a delineation of key impact evaluation re-
search and operations research questions for main 
components of assistance provided under title I of 
this division; 
(2) an identification of measurable performance 
goals for each of the main components of assistance 
provided under title I of this division to be expressed 
in an objective and quantifiable form at the incep-
tion of the program; 
(3) the use of appropriate methods, based on 
rigorous social science tools, to measure program im-
pact and operational efficiency; and 
(4) adherence to a high standard of evidence in 
developing recommendations for adjustments to the 
assistance to enhance the impact of the assistance. 
(e) ASSISTANCE TO ENHANCE THE CAPACITY OF 
PAKISTAN.—In carrying out the program required under 
subsection (c), the President is authorized to provide as-
sistance to enhance the capacity of the Government of 
Pakistan to monitor and evaluate programs carried out 
by the national, provincial, and local governments in Paki-
stan in order to maximize the long-term sustainable devel-
opment impact of such programs. 
(f) CONSULTATION WITH CONGRESS.—Not later 
than 120 days after the date of the enactment of this Act,
441 
the President shall brief and consult with the appropriate 
congressional committees regarding the progress in estab-
lishing and implementing the program required under sub-
section (c). 
(g) AUTHORIZATION OF APPROPRIATIONS.—Of the 
amounts authorized to be appropriated under section 105 
of this division for each of the fiscal years 2010 through 
2013, up to 5 percent of such amounts for such fiscal year 
is authorized to be made available to carry out this section 
for the fiscal year. 
SEC. 303. AUDITING. 
(a) ASSISTANCE AUTHORIZED.—The Inspector Gen-
eral of the Department of State and the Inspector General 
of the United States Agency for International Develop-
ment shall audit, investigate, and oversee the obligation 
and expenditure of funds to carry out title I of this divi-
sion. 
(b) REQUIREMENT FOR IN-COUNTRY PRESENCE.— 
The Inspector General of the Department of State and 
the Inspector General of the United States Agency for 
International Development, after consultation with the 
Secretary of State and the Administrator of the United 
States Agency for International Development, are author-
ized to establish field offices in Pakistan with sufficient
442 
staff from each of the Offices of the Inspector General 
in Pakistan respectively to carry out subsection (a). 
(c) AUTHORIZATION OF APPROPRIATIONS.— 
(1) IN GENERAL.—Of the amounts authorized 
to be appropriated under section 105 for each of the 
fiscal years 2010 through 2013, not less than 
$2,000,000 for each fiscal year is authorized to be 
made available to the Office of the Inspector General 
of the Department of State and not less than 
$2,000,000 for each fiscal year is authorized to be 
made available to the Office of the Inspector General 
of the United States Agency for International Devel-
opment to carry out this section. 
(2) RELATION TO OTHER AVAILABLE FUNDS.— 
Amounts made available under paragraph (1) are in 
addition to amounts otherwise available for such 
purposes. 
SEC. 304. REQUIREMENTS FOR CIVILIAN CONTROL OF 
UNITED STATES ASSISTANCE FOR PAKISTAN. 
(a) REQUIREMENTS.—Any direct assistance provided 
or payments made on or after January 1, 2010, by the 
United States to the Government of Pakistan, and any 
information required by the United States prior to pro-
viding the assistance or making the payments, may only 
be provided or made to, or received from, civilian authori-
443 
ties of a government of Pakistan constituted through a 
free and fair election. For purposes of this subsection, a 
government of Pakistan constituted through a free and 
fair election is a government that is determined by the 
President to have been elected in a free and fair manner, 
taking into account the laws and constitution of Pakistan 
and internationally recognized standards. 
(b) WAIVER.—The President may waive— 
(1) the requirements under subsection (a); or 
(2) the requirements under any other provision 
of law that restricts assistance to the government of 
any country whose duly elected head of government 
is deposed by military coup or decree, as such provi-
sion of law applies with respect to the Government 
of Pakistan, 
if the President certifies to the appropriate congressional 
committees that the waiver is important to the national 
security interests of the United States. 
(c) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall apply with respect to any activities subject to 
reporting requirements under title V of the National Secu-
rity Act of 1947 (50 U.S.C. 413 et seq.). 
(d) DEFINITION.—In this section, the term ‘‘appro-
priate congressional committees’’ means the Committees 
on Appropriations, Armed Services, and Foreign Affairs
444 
of the House of Representatives and the Committees on 
Appropriations, Armed Services, and Foreign Relations of 
the Senate. 
SEC. 305. SENSE OF CONGRESS. 
It is the sense of Congress that— 
(1) the Secretary of State, with the concurrence 
of the Secretary of Defense, should establish a co-
ordinated, strategic communications strategy to en-
gage the people of Pakistan—one that is fully fund-
ed, staffed, and implemented—to help ensure the 
success of the measures authorized by this division; 
and 
(2) the strategy should have clear and achiev-
able objectives, based on available resources, and 
should be overseen by the United States Chief of 
Mission in Pakistan. 
SEC. 306. REPORTS. 
(a) REPORT BY PRESIDENT.— 
(1) IN GENERAL.—The President shall transmit 
to the appropriate congressional committees a report 
on assistance provided under titles I and II of this 
division during the preceding fiscal year. The first 
report shall be transmitted not later than 180 days 
after the date of the enactment of this Act and sub-
445 
sequent reports shall be transmitted not later than 
December 31 of each year thereafter. 
(2) MATTERS TO BE INCLUDED.—The report 
required under subsection (a) shall include the fol-
lowing: 
(A) A detailed description of the assistance 
by program, project, and activity, as well as by 
geographic area. 
(B) A general description of the perform-
ance goals established under section 302 and 
the progress made in meeting the goals. 
(C) An evaluation of efforts undertaken by 
the Government of Pakistan to— 
(i) disrupt, dismantle, and defeat al 
Qaeda, the Taliban, and other extremist 
and terrorist groups in the FATA and set-
tled areas; 
(ii) close terrorist camps, including 
those 
of 
Jamaat-ud-Dawa, 
Lashkar-e- 
Taiba, and Jaish-e-Mohammed; 
(iii) cease all support for extremist 
and terrorist groups; 
(iv) prevent cross-border attacks; 
(v) increase oversight over curriculum 
in madrasas, including closing madrasas
446 
with direct links to the Taliban or other 
extremist and terrorist groups; and 
(vi) improve counter-terrorism financ-
ing and anti-money laundering laws, apply 
for observer status for the Financial Ac-
tion Task Force, and steps taken to adhere 
to the United Nations International Con-
vention for the Suppression of Financing 
of Terrorism. 
(D) A detailed description of Pakistan’s ef-
forts to prevent proliferation of nuclear-related 
material and expertise. 
(E) An assessment of whether assistance 
provided to Pakistan pursuant to this division 
has directly or indirectly aided the expansion of 
Pakistan’s nuclear weapons program, whether 
by the diversion of United States assistance or 
the reallocation of Pakistan financial resources 
that would otherwise be spent for programs and 
activities unrelated to its nuclear weapons pro-
gram. 
(F) A description of the transfer or pur-
chase of military equipment pursuant to title II 
of this division, including— 
(i) a list of equipment provided; and
447 
(ii) a detailed description of the extent 
to which funds obligated and expended 
pursuant to section 203(b) meet the re-
quirements of such section. 
(G) An analysis of a suitable replacement 
for the AH–1F and AH–1S Cobra attack heli-
copters, which includes recommendations for 
sustainment, training, and any other matters 
determined to be appropriate. 
(H) An assessment of the extent to which 
the Government of Pakistan exercises effective 
civilian control of the military, including a de-
scription of the extent to which civilian execu-
tive leaders and parliament exercise oversight 
and approval of military budgets, the chain of 
command, the process of promotion for senior 
military leaders, civilian involvement in stra-
tegic guidance and planning, and military in-
volvement in civil administration. 
(b) REPORT BY COMPTROLLER GENERAL.— 
(1) IN
GENERAL.—Not later than April 1, 
2011, the Comptroller General of the United States 
shall submit to the appropriate congressional com-
mittees a report evaluating the effectiveness of secu-
448 
rity assistance provided to Pakistan under title II of 
this division during fiscal years 2010 and 2011. 
(2) MATTERS TO BE INCLUDED.—The report 
required under subsection (a) shall include the fol-
lowing: 
(A) A detailed description of the expendi-
tures made by Pakistan pursuant to grant as-
sistance under section 23 of the Arms Export 
Control Act (22 U.S.C. 2763; relating to the 
Foreign Military Financing program). 
(B) An assessment of the impact of the as-
sistance on the security and stability of Paki-
stan. 
(C) An evaluation of any issues of financial 
impropriety on behalf of personnel imple-
menting the assistance. 
(D) An assessment of the extent to which 
civilian authorities are involved in administra-
tion of the assistance provided by the United 
States. 
SEC. 307. SUNSET. 
The authority of this division, other than section 104 
and title IV of this division, shall expire after September 
30, 2013.
449 
TITLE 
IV—DUTY-FREE 
TREAT-
MENT FOR CERTAIN GOODS 
FROM RECONSTRUCTION OP-
PORTUNITY 
ZONES 
IN 
AF-
GHANISTAN AND PAKISTAN 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Afghanistan-Pakistan 
Security and Prosperity Enhancement Act’’. 
SEC. 402. DEFINITIONS; PURPOSES. 
(a) DEFINITIONS.—In this title: 
(1) AGREEMENT
ON
TEXTILES
AND
CLOTH-
ING.—The term ‘‘Agreement on Textiles and Cloth-
ing’’ means the Agreement on Textiles and Clothing 
referred to in section 101(d)(4) of the Uruguay 
Round Agreements Act (19 U.S.C. 3511(d)(4)). 
(2) CATEGORY; TEXTILE
AND
APPAREL
CAT-
EGORY NUMBER.—The terms ‘‘category’’ and ‘‘tex-
tile and apparel category number’’ mean the number 
assigned under the U.S. Textile and Apparel Cat-
egory System of the Office of Textiles and Apparel 
of the Department of Commerce, as listed in the 
HTS under the applicable heading or subheading (as 
in effect on September 1, 2007). 
(3) CORE LABOR STANDARDS.—The term ‘‘core 
labor standards’’ means—
450 
(A) freedom of association; 
(B) the effective recognition of the right to 
bargain collectively; 
(C) the elimination of all forms of compul-
sory or forced labor; 
(D) the effective abolition of child labor 
and a prohibition on the worst forms of child 
labor; and 
(E) the elimination of discrimination in re-
spect of employment and occupation. 
(4) ENTERED.—The term ‘‘entered’’ means en-
tered, or withdrawn from warehouse for consump-
tion, in the customs territory of the United States. 
(5) ENTITY.—The term ‘‘entity’’ means— 
(A) a natural person, corporation, com-
pany, business association, partnership, society, 
trust, any other nongovernmental entity, orga-
nization, or group, whether or not for profit; 
(B) any governmental entity or instrumen-
tality of a government; and 
(C) any successor, subunit, or subsidiary of 
any entity described in subparagraph (A) or 
(B). 
(6) HTS.—The term ‘‘HTS’’ means the Har-
monized Tariff Schedule of the United States.
451 
(7) NAFTA.—The term ‘‘NAFTA’’ means the 
North American Free Trade Agreement concluded 
between the United States, Mexico, and Canada on 
December 17, 1992. 
(8) RECONSTRUCTION
OPPORTUNITY
ZONE.— 
The term ‘‘Reconstruction Opportunity Zone’’ means 
any area that— 
(A) solely encompasses portions of the ter-
ritory of— 
(i) Afghanistan; or 
(ii) 1 or more of the following areas of 
Pakistan: 
(I) the Federally Administered 
Tribal Areas; 
(II) areas of Pakistan-adminis-
tered Kashmir that the President de-
termines were harmed by the earth-
quake of October 8, 2005; 
(III) areas of Baluchistan that 
are within 100 miles of Pakistan’s 
border with Afghanistan; and 
(IV) the North West Frontier 
Province; 
(B) has been designated by the competent 
authorities in Afghanistan or Pakistan, as the
452 
case may be, as an area in which merchandise 
may be introduced without payment of duty or 
excise tax; and 
(C) has been designated by the President 
as a Reconstruction Opportunity Zone pursuant 
to section 403(a). 
(b) PURPOSES.—The purposes of this title are— 
(1) to stimulate economic activity and develop-
ment in Afghanistan and the border region of Paki-
stan, critical fronts in the struggle against violent 
extremism; 
(2) to reflect the strong support that the 
United States has pledged to Afghanistan and Paki-
stan for their sustained commitment in the global 
war on terrorism; 
(3) to support the 3-pronged United States 
strategy in Afghanistan and the border region of 
Pakistan that leverages political, military, and eco-
nomic tools, with Reconstruction Opportunity Zones 
as a critical part of the economic component of that 
strategy; and 
(4) to offer a vital opportunity to improve liveli-
hoods of indigenous populations of Reconstruction 
Opportunity Zones, promote good governance, im-
prove economic and commercial ties between the
453 
people of Afghanistan and Pakistan, and strengthen 
the Governments of Afghanistan and Pakistan. 
SEC. 403. DESIGNATION OF RECONSTRUCTION OPPOR-
TUNITY ZONES. 
(a) AUTHORITY TO DESIGNATE.—The President is 
authorized to designate an area within Afghanistan or 
Pakistan described in section 402(a)(8) (A) and (B) as 
a Reconstruction Opportunity Zone if the President deter-
mines that— 
(1) Afghanistan or Pakistan, as the case may 
be, meets the eligibility criteria set forth in sub-
section (b); 
(2) Afghanistan or Pakistan, as the case may 
be, meets the eligibility criteria set forth in sub-
section (c) of section 502 of the Trade Act of 1974 
(19 U.S.C. 2462(c)) for designation as a beneficiary 
developing country under that section and is not in-
eligible under subsection (b) of such section; and 
(3) designation of the area as a Reconstruction 
Opportunity Zone is appropriate taking into account 
the factors listed in subsection (c). 
(b) ELIGIBILITY CRITERIA.—Afghanistan or Paki-
stan, as the case may be, meets the eligibility criteria set 
forth in this subsection if that country—
454 
(1) has established, or is making continual 
progress toward establishing— 
(A) a market-based economy that protects 
private property rights, incorporates an open 
rules-based trading system, and minimizes gov-
ernment interference in the economy through 
measures such as price controls, subsidies, and 
government ownership of economic assets; 
(B) the rule of law, political pluralism, and 
the right to due process, a fair trial, and equal 
protection under the law; 
(C) economic policies to— 
(i) reduce poverty; 
(ii) increase the availability of health 
care and educational opportunities; 
(iii) expand physical infrastructure; 
(iv) promote the development of pri-
vate enterprise; and 
(v) encourage the formation of capital 
markets through microcredit or other pro-
grams; 
(D) a system to combat corruption and 
bribery, such as ratifying and implementing the 
United Nations Convention Against Corruption; 
and
455 
(E) protection of core labor standards and 
acceptable conditions of work with respect to 
minimum wages, hours of work, and occupa-
tional health and safety; 
(2) is eliminating or has eliminated barriers to 
trade and investment, including by— 
(A) providing national treatment and 
measures to create an environment conducive to 
domestic and foreign investment; 
(B) protecting intellectual property; and 
(C) resolving bilateral trade and invest-
ment disputes; 
(3) does not engage in activities that undermine 
United States national security or foreign policy in-
terests; 
(4) does not engage in gross violations of inter-
nationally recognized human rights; 
(5) does not provide support for acts of inter-
national terrorism; and 
(6) cooperates in international efforts to elimi-
nate human rights violations and terrorist activities. 
(c) ADDITIONAL FACTORS.—In determining whether 
to designate an area in Afghanistan or Pakistan as a Re-
construction Opportunity Zone, the President shall take 
into account—
456 
(1) an expression by the government of the 
country of its desire to have a particular area des-
ignated as a Reconstruction Opportunity Zone under 
this title; 
(2) the capability of the country to establish a 
program in the area meeting the requirements of 
section 407(d)(3) based on assessments undertaken 
by the Secretary of Labor and the government of the 
country of such factors as— 
(A) the geographical suitability of the area 
for such a program; 
(B) the nature of the labor market in the 
area; 
(C) skills requirements and infrastructure 
needs for operation of such a program in the 
area; and 
(D) all other relevant information; 
(3) whether the government of the country has 
provided the United States with a monitoring and 
enforcement plan outlining specific steps the country 
will take to cooperate with the United States to— 
(A) facilitate legitimate cross-border com-
merce; 
(B) ensure that articles for which duty-free 
treatment is sought pursuant to this title sat-
457 
isfy the applicable rules of origin described in 
section 404 (c) and (d) or section 405 (c) and 
(d), whichever is applicable; and 
(C) prevent unlawful transshipment, as de-
scribed in section 406(b)(4); 
(4) the potential for such designation to create 
local employment and to promote local and regional 
economic development; 
(5) the physical security of the proposed Recon-
struction Opportunity Zone; 
(6) the economic viability of the proposed Re-
construction Opportunity Zone, including— 
(A) whether there are commitments to fi-
nance economic activity proposed for the Recon-
struction Opportunity Zone; and 
(B) whether there is existing or planned 
infrastructure for power, water, transportation, 
and communications in the area; 
(7) whether such designation would be compat-
ible with and contribute to the foreign policy and na-
tional security objectives of the United States, tak-
ing into account the information provided under sub-
section (d); and 
(8) the views of interested persons submitted 
pursuant to subsection (e).
458 
(d) INFORMATION RELATING
TO COMPATIBILITY 
WITH AND CONTRIBUTION TO FOREIGN POLICY AND NA-
TIONAL
SECURITY
OBJECTIVES
OF
THE
UNITED 
STATES.—In determining whether designation of a Recon-
struction Opportunity Zone would be compatible with and 
contribute to the foreign policy and national security ob-
jectives of the United States in accordance with subsection 
(c)(7), the President shall take into account whether Af-
ghanistan or Pakistan, as the case may be, has provided 
the United States with a plan outlining specific steps it 
will take to verify the ownership and nature of the activi-
ties of entities to be located in the proposed Reconstruc-
tion Opportunity Zone. The specific steps outlined in a 
country’s plan shall include a mechanism to annually reg-
ister each entity by a competent authority of the country 
and— 
(1) to collect from each entity operating in, or 
proposing to operate in, a Reconstruction Oppor-
tunity Zone, information including— 
(A) the name and address of the entity; 
(B) the name and location of all facilities 
owned or operated by the entity that are oper-
ating in or proposed to be operating in a Recon-
struction Opportunity Zone;
459 
(C) the name, nationality, date and place 
of birth, and position title of each person who 
is an owner, director, or officer of the entity; 
and 
(D) the nature of the activities of each en-
tity; 
(2) to update the information required under 
paragraph (1) as changes occur; and 
(3) to provide such information promptly to the 
Secretary of State. 
(e) OPPORTUNITY FOR PUBLIC COMMENT.—Before 
the President designates an area as a Reconstruction Op-
portunity Zone pursuant to subsection (a), the President 
shall afford an opportunity for interested persons to sub-
mit their views concerning the designation. 
(f) NOTIFICATION TO CONGRESS.—Before the Presi-
dent designates an area as a Reconstruction Opportunity 
Zone pursuant to subsection (a), the President shall notify 
Congress of the President’s intention to make the designa-
tion, together with the reasons for making the designation. 
SEC. 404. DUTY-FREE TREATMENT FOR CERTAIN NONTEX-
TILE AND NONAPPAREL ARTICLES. 
(a) IN GENERAL.—The President is authorized to 
proclaim duty-free treatment for—
460 
(1) any article from a Reconstruction Oppor-
tunity Zone that the President has designated as an 
eligible article under section 503(a)(1)(A) of the 
Trade Act of 1974 (19 U.S.C. 2463(a)(1)(A)); 
(2) any article from a Reconstruction Oppor-
tunity Zone located in Afghanistan that the Presi-
dent has designated as an eligible article under sec-
tion 503(a)(1)(B) of the Trade Act of 1974 (19 
U.S.C. 2463(a)(1)(B)); or 
(3) any article from a Reconstruction Oppor-
tunity Zone that is not a textile or apparel article, 
regardless of whether the article has been designated 
as an eligible article under section 503(a)(1)(A) or 
(B) of the Trade Act of 1974 (19 U.S.C. 2463(a)(1) 
(A) or (B)), if, after receiving the advice of the 
International Trade Commission pursuant to sub-
section (b), the President determines that such arti-
cle is not import-sensitive in the context of imports 
from a Reconstruction Opportunity Zone. 
(b) ADVICE CONCERNING CERTAIN ELIGIBLE ARTI-
CLES.—Before proclaiming duty-free treatment for an ar-
ticle pursuant to subsection (a)(3), the President shall 
publish in the Federal Register and provide the Inter-
national Trade Commission a list of articles which may 
be considered for such treatment. The provisions of sec-
461 
tions 131 through 134 of the Trade Act of 1974 (19 
U.S.C. 2151 through 2154) shall apply to any designation 
under subsection (a)(3) in the same manner as such sec-
tions apply to action taken under section 123 of the Trade 
Act of 1974 (19 U.S.C. 2133) regarding a proposed trade 
agreement. 
(c) GENERAL RULES OF ORIGIN.— 
(1) IN
GENERAL.—The duty-free treatment 
proclaimed with respect to an article described in 
paragraph (1) or (3) of subsection (a) shall apply to 
any article subject to such proclamation which is the 
growth, product, or manufacture of 1 or more Re-
construction Opportunity Zones if— 
(A) that article is imported directly from a 
Reconstruction Opportunity Zone into the cus-
toms territory of the United States; and 
(B)(i) with respect to an article that is an 
article of a Reconstruction Opportunity Zone in 
Pakistan, the sum of— 
(I) the cost or value of the materials 
produced in 1 or more Reconstruction Op-
portunity Zones in Pakistan or Afghani-
stan; 
(II) the direct costs of processing op-
erations performed in 1 or more Recon-
462 
struction Opportunity Zones in Pakistan or 
Afghanistan; and 
(III) the cost or value of materials 
produced in the United States, determined 
in accordance with paragraph (2), 
is not less than 35 percent of the appraised 
value of the article at the time it is entered into 
the United States; or 
(ii) with respect to an article that is an ar-
ticle of a Reconstruction Opportunity Zone in 
Afghanistan, the sum of— 
(I) the cost or value of the materials 
produced in 1 or more Reconstruction Op-
portunity Zones in Pakistan or Afghani-
stan; 
(II) the cost or value of the materials 
produced in 1 or more countries that are 
members of the South Asian Association 
for Regional Cooperation; 
(III) the direct costs of processing op-
erations performed in 1 or more Recon-
struction Opportunity Zones in Pakistan or 
Afghanistan; and
463 
(IV) the cost or value of materials 
produced in the United States, determined 
in accordance with paragraph (2), 
is not less than 35 percent of the appraised 
value of the article at the time it is entered into 
the United States. 
(2) DETERMINATION OF 35 PERCENT FOR ARTI-
CLES FROM RECONSTRUCTION OPPORTUNITY ZONES 
IN
PAKISTAN
AND
AFGHANISTAN.—If the cost or 
value of materials produced in the customs territory 
of the United States is included with respect to an 
article described in paragraph (1)(B), for purposes 
of determining the 35-percent appraised value re-
quirement under clause (i) or (ii) of paragraph 
(1)(B), not more than 15 percent of the appraised 
value of the article at the time the article is entered 
into the United States may be attributable to the 
cost or value of such United States materials. 
(d) RULES OF ORIGIN FOR CERTAIN ARTICLES OF 
RECONSTRUCTION OPPORTUNITY ZONES
IN AFGHANI-
STAN.— 
(1) IN
GENERAL.—The duty-free treatment 
proclaimed with respect to an article described in 
paragraph (2) of subsection (a) shall apply to any 
article subject to such proclamation which is the
464 
growth, product, or manufacture of 1 or more Re-
construction Opportunity Zones in Afghanistan if— 
(A) that article is imported directly from a 
Reconstruction Opportunity Zone in Afghani-
stan into the customs territory of the United 
States; and 
(B) with respect to that article, the sum 
of— 
(i) the cost or value of the materials 
produced in 1 or more Reconstruction Op-
portunity Zones in Afghanistan; 
(ii) the cost or value of the materials 
produced in 1 or more countries that are 
members of the South Asian Association 
for Regional Cooperation; 
(iii) the direct costs of processing op-
erations performed in 1 or more Recon-
struction Opportunity Zones in Afghani-
stan; and 
(iv) the cost or value of materials pro-
duced in the United States, determined in 
accordance with paragraph (2), 
is not less than 35 percent of the appraised 
value of the product at the time it is entered 
into the United States.
465 
(2) DETERMINATION OF 35 PERCENT FOR ARTI-
CLES FROM RECONSTRUCTION OPPORTUNITY ZONES 
IN
PAKISTAN
AND
AFGHANISTAN.—If the cost or 
value of materials produced in the customs territory 
of the United States is included with respect to an 
article described in paragraph (1)(B), for purposes 
of determining the 35-percent appraised value re-
quirement under paragraph (1)(B), not more than 
15 percent of the appraised value of the article at 
the time the article is entered into the United States 
may be attributable to the cost or value of such 
United States materials. 
(e) EXCLUSIONS.—An article shall not be treated as 
the growth, product, or manufacture of 1 or more Recon-
struction Opportunity Zones, and no material shall be in-
cluded for purposes of determining the 35-percent ap-
praised value requirement under subsection (c)(1) or 
(d)(1), by virtue of having merely undergone— 
(1) simple combining or packaging operations; 
or 
(2) mere dilution with water or with another 
substance that does not materially alter the charac-
teristics of the article or material. 
(f) DIRECT COSTS OF PROCESSING OPERATIONS.—
466 
(1) IN
GENERAL.—As used in subsections 
(c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), 
the term ‘‘direct costs of processing operations’’ in-
cludes, but is not limited to— 
(A) all actual labor costs involved in the 
growth, production, manufacture, or assembly 
of the article, including— 
(i) fringe benefits; 
(ii) on-the-job training; and 
(iii) costs of engineering, supervisory, 
quality control, and similar personnel; and 
(B) dies, molds, tooling, and depreciation 
on machinery and equipment which are allo-
cable to the article. 
(2) EXCLUDED COSTS.—As used in subsections 
(c)(1)(B)(i)(II), (c)(1)(B)(ii)(III), and (d)(1)(B)(iii), 
the term ‘‘direct costs of processing operations’’ does 
not include costs which are not directly attributable 
to the article or are not costs of manufacturing the 
article, such as— 
(A) profit; and 
(B) general expenses of doing business 
which are either not allocable to the article or 
are not related to the growth, production, man-
ufacture, or assembly of the article, such as ad-
467 
ministrative salaries, casualty and liability in-
surance, advertising, and salesmen’s salaries, 
commissions, or expenses. 
(g) REGULATIONS.—The Secretary of the Treasury, 
after consultation with the United States Trade Rep-
resentative, shall prescribe such regulations as may be 
necessary to carry out this section. The regulations may 
provide that, in order for an article to be eligible for duty- 
free treatment under this section, the article— 
(1) shall be wholly the growth, product, or man-
ufacture of 1 or more Reconstruction Opportunity 
Zones; or 
(2) shall be a new or different article of com-
merce which has been grown, produced, or manufac-
tured in 1 or more Reconstruction Opportunity 
Zones. 
SEC. 405. DUTY-FREE TREATMENT FOR CERTAIN TEXTILE 
AND APPAREL ARTICLES. 
(a) DUTY-FREE TREATMENT.—The President is au-
thorized to proclaim duty-free treatment for any textile or 
apparel article described in subsection (b), if— 
(1) the article is a covered article described in 
subsection (b); and 
(2) the President determines that the country 
in which the Reconstruction Opportunity Zone is lo-
468 
cated has satisfied the requirements set forth in sec-
tion 406. 
(b) COVERED ARTICLES.—A covered article described 
in this subsection is an article in 1 of the following cat-
egories: 
(1) ARTICLES
OF
RECONSTRUCTION
OPPOR-
TUNITY ZONES.—An article that is the product of 1 
or more Reconstruction Opportunity Zones and falls 
within the scope of 1 of the following textile and ap-
parel category numbers, as set forth in the HTS (as 
in effect on September 1, 2007): 
237 .................................
641 ................................
751 
330 .................................
642 ................................
752 
331 .................................
643 ................................
758 
333 .................................
644 ................................
759 
334 .................................
650 ................................
831 
335 ................................
651 ................................
832 
336 ................................
653 ................................
833 
341 .................................
654 ................................
834 
342 .................................
665 ................................
835 
350 .................................
669 ................................
836 
351 .................................
733 ................................
838 
353 .................................
734 ................................
839 
354 .................................
735 ................................
840 
360 .................................
736 ................................
842 
361 .................................
738 ................................
843 
362 .................................
739 ................................
844 
363 .................................
740 ................................
845 
369 .................................
741 ................................
846 
465 .................................
742 ................................
850 
469 .................................
743 ................................
851 
630 .................................
744 ................................
852 
631 .................................
745 ................................
858 
633 .................................
746 ................................
859 
634 .................................
747 ................................
863 
635 .................................
748 ................................
899 
636 .................................
750 
(2) ARTICLES
OF
RECONSTRUCTION
OPPOR-
TUNITY ZONES IN AFGHANISTAN.—The article is the 
product of 1 or more Reconstruction Opportunity 
Zones in Afghanistan and falls within the scope of
469 
1 of the following textile and apparel category num-
bers, as set forth in the HTS (as in effect on Sep-
tember 1, 2007): 
201 .................................
439 ................................
459 
414 .................................
440 ................................
464 
431 .................................
442 ................................
670 
433 .................................
444 ................................
800 
434 .................................
445 ................................
810 
435 .................................
446 ................................
870 
436 .................................
448 ................................
871 
438 
(3) CERTAIN
OTHER
TEXTILE
AND
APPAREL 
ARTICLES.—The article is the product of 1 or more 
Reconstruction Opportunity Zones and falls within 
the scope of 1 of the following textile and apparel 
category numbers as set forth in the HTS (as in ef-
fect on September 1, 2007) and is covered by the 
corresponding description for such category: 
(A) CATEGORY 239.—An article in category 
239 (relating to cotton and man-made fiber ba-
bies’ garments) except for baby socks and baby 
booties described in subheading 6111.20.6050, 
6111.30.5050, or 6111.90.5050 of the HTS. 
(B) CATEGORY 338.—An article in category 
338 (relating to men’s and boys’ cotton knit 
shirts) if the article is a certain knit-to-shape 
garment that meets the definition included in 
Statistical Note 6 to Chapter 61 of the HTS, 
and 
is 
provided 
for 
in 
subheading