U.S. Congress - Text of H.R.2410 as Referred in Senate Foreign Relations Authorization Act, Fiscal Years 2010 and 2011
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Donate NowH.R.2410 - Foreign Relations Authorization Act, Fiscal Years 2010 and 2011
To authorize appropriations for the Department of State and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.
| Version | Word Count | Changes From Previous Version | Percent Change |
|---|---|---|---|
| Introduced in House | 56,367 | n/a | n/a |
| Reported in House | 61,671 | 196 | 17% |
| Engrossed in House | 90,309 | 255 | 42% |
| Referred in Senate | 89,801 | 15 Show Changes Hide Changes | 0% |
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HR 2410 EHRFSCommentsClose CommentsPermalink
111th CONGRESSCommentsClose CommentsPermalink
1st SessionCommentsClose CommentsPermalink
H. R. 2410CommentsClose CommentsPermalink
IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink
June 22, 2009CommentsClose CommentsPermalink
June 22, 2009CommentsClose CommentsPermalink
Received; read twice and referred to the Committee on Foreign RelationsCommentsClose CommentsPermalink
AN ACTCommentsClose CommentsPermalink
To authorize appropriations for the Department of State and the Peace Corps for fiscal years 2010 and 2011, to modernize the Foreign Service, to authorize democratic, economic, and social development assistance for Pakistan, to authorize security assistance for Pakistan, and for other purposes.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink
DIVISION A--FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2010 AND 2011CommentsClose CommentsPermalink
DIVISION A--FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2010 AND 2011CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE.
This division may be cited as the ‘Foreign Relations Authorization Act, Fiscal Years 2010 and 2011’.CommentsClose CommentsPermalink
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:CommentsClose CommentsPermalink
DIVISION A--FOREIGN RELATIONS AUTHORIZATION ACT, FISCAL YEARS 2010 AND 2011
Sec. 1. Short title.CommentsClose CommentsPermalink
Sec. 2. Table of contents.CommentsClose CommentsPermalink
Sec. 3. Appropriate congressional committees defined.CommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONS
Sec. 101. Administration of Foreign Affairs.CommentsClose CommentsPermalink
Sec. 102. International organizations.CommentsClose CommentsPermalink
Sec. 103. International commissions.CommentsClose CommentsPermalink
Sec. 104. Migration and refugee assistance.CommentsClose CommentsPermalink
Sec. 105. Centers and foundations.CommentsClose CommentsPermalink
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
Subtitle A--Basic Authorities and Activities
Sec. 201. International Litigation Fund.CommentsClose CommentsPermalink
Sec. 202. Actuarial valuations.CommentsClose CommentsPermalink
Sec. 203. Special agents.CommentsClose CommentsPermalink
Sec. 204. Repatriation loans.CommentsClose CommentsPermalink
Sec. 205. Eligibility in certain circumstances for an agency of a foreign government to receive a reward under the Department of State rewards program.CommentsClose CommentsPermalink
Subtitle B--Public Diplomacy at the Department of State
Sec. 211. Concentration of public diplomacy responsibilities.CommentsClose CommentsPermalink
Sec. 212. Establishment of Public Diplomacy Reserve Corps.CommentsClose CommentsPermalink
Sec. 213. Enhancing United States public diplomacy outreach.CommentsClose CommentsPermalink
Sec. 214. Public diplomacy resource centers.CommentsClose CommentsPermalink
Sec. 215. Grants for international documentary exchange programs.CommentsClose CommentsPermalink
Sec. 216. United States Advisory Commission on Public Diplomacy.CommentsClose CommentsPermalink
Sec. 217. Special Olympics.CommentsClose CommentsPermalink
Sec. 218. Extension of program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.CommentsClose CommentsPermalink
Sec. 219. Central Asia scholarship program for public policy internships.CommentsClose CommentsPermalink
Sec. 220. United States-South Pacific Scholarship Program.CommentsClose CommentsPermalink
Sec. 221. Scholarships for indigenous peoples of Mexico and Central and South America.CommentsClose CommentsPermalink
Sec. 222. United States-Caribbean Educational Exchange Program.CommentsClose CommentsPermalink
Sec. 223. Exchanges between Sri Lanka and the United States to promote dialogue among minority groups in Sri Lanka.CommentsClose CommentsPermalink
Sec. 224. Exchanges between Liberia and the United States for women legislators.CommentsClose CommentsPermalink
Sec. 225. Public diplomacy plan for Haiti.CommentsClose CommentsPermalink
Sec. 226. Transfer of the Vietnam Education Foundation to the Department of State.CommentsClose CommentsPermalink
Sec. 227. Exchanges between Afghanistan and the United States for women legislators.CommentsClose CommentsPermalink
Subtitle C--Consular Services and Related Matters
Sec. 231. Permanent authority to assess passport surcharge.CommentsClose CommentsPermalink
Sec. 232. Sense of Congress regarding additional consular services in Moldova.CommentsClose CommentsPermalink
Sec. 233. Reforming refugee processing.CommentsClose CommentsPermalink
Sec. 234. English language and cultural awareness training for approved refugee applicants.CommentsClose CommentsPermalink
Sec. 235. Iraqi refugees and internally displaced persons.CommentsClose CommentsPermalink
Sec. 236. Videoconference interviews.CommentsClose CommentsPermalink
Sec. 237. Tibet.CommentsClose CommentsPermalink
Sec. 238. Processing of certain visa applications.CommentsClose CommentsPermalink
Sec. 239. Report on special immigrant programs for certain nationals of Iraq and Afghanistan.CommentsClose CommentsPermalink
Sec. 240. Study regarding use of passports for overseas voting and census.CommentsClose CommentsPermalink
Subtitle D--Strengthening Arms Control and Nonproliferation Activities at the Department of State
Sec. 241. Findings and sense of Congress on the need to strengthen United States arms control and nonproliferation capabilities.CommentsClose CommentsPermalink
Sec. 242. Authorization of additional arms control and nonproliferation positions.CommentsClose CommentsPermalink
Sec. 243. Additional authority of the Secretary of State.CommentsClose CommentsPermalink
Sec. 244. Additional flexibility for rightsizing arms control and nonproliferation functions.CommentsClose CommentsPermalink
Sec. 245. Arms control and nonproliferation rotation program.CommentsClose CommentsPermalink
Sec. 246. Arms control and nonproliferation scholarship program.CommentsClose CommentsPermalink
Sec. 247. Scientific advisory committee.CommentsClose CommentsPermalink
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIES
Subtitle A--Towards Modernizing the Department of State
Sec. 301. Towards a more modern and expeditionary Foreign Service.CommentsClose CommentsPermalink
Sec. 302. Quadrennial review of diplomacy and development.CommentsClose CommentsPermalink
Sec. 303. Establishment of the Lessons Learned Center.CommentsClose CommentsPermalink
Sec. 304. Locally employed staff compensation.CommentsClose CommentsPermalink
Sec. 305. Increasing the capacity of the Department of State to respond to crises.CommentsClose CommentsPermalink
Subtitle B--Foreign Service Pay Equity and Death Gratuity
Sec. 311. Short title.CommentsClose CommentsPermalink
Sec. 312. Overseas comparability pay adjustment.CommentsClose CommentsPermalink
Sec. 313. Death gratuity.CommentsClose CommentsPermalink
Subtitle C--Other Organization and Personnel Matters
Sec. 321. Transatlantic diplomatic fellowship program.CommentsClose CommentsPermalink
Sec. 322. Security officers exchange program.CommentsClose CommentsPermalink
Sec. 323. Suspension of Foreign Service members without pay.CommentsClose CommentsPermalink
Sec. 324. Repeal of recertification requirement for Senior Foreign Service.CommentsClose CommentsPermalink
Sec. 325. Limited appointments in the Foreign Service.CommentsClose CommentsPermalink
Sec. 326. Compensatory time off for travel.CommentsClose CommentsPermalink
Sec. 327. Reemployment of Foreign Service annuitants.CommentsClose CommentsPermalink
Sec. 328. Personal services contractors.CommentsClose CommentsPermalink
Sec. 329. Protection of intellectual property rights.CommentsClose CommentsPermalink
Sec. 330. Department of State employment composition.CommentsClose CommentsPermalink
Sec. 331. Contracting.CommentsClose CommentsPermalink
Sec. 332. Legislative liaison office of the Department of State.CommentsClose CommentsPermalink
Sec. 333. Discrimination related to sexual orientation.CommentsClose CommentsPermalink
Sec. 334. Office for Global Women’s Issues.CommentsClose CommentsPermalink
Sec. 335. Foreign Service victims of terrorism.CommentsClose CommentsPermalink
Sec. 336. Broadening experience within the Foreign Service.CommentsClose CommentsPermalink
TITLE IV--INTERNATIONAL ORGANIZATIONS
Subtitle A--International Leadership
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Promoting assignments to international organizations.CommentsClose CommentsPermalink
Sec. 403. Implementation and establishment of office on multilateral negotiations.CommentsClose CommentsPermalink
Sec. 404. Synchronization of United States contributions to international organizations.CommentsClose CommentsPermalink
Sec. 405. United States arrearages to the United Nations.CommentsClose CommentsPermalink
Subtitle B--General Provisions
Sec. 411. Organization of American States.CommentsClose CommentsPermalink
Sec. 412. Peacekeeping operations contributions.CommentsClose CommentsPermalink
Sec. 413. Pacific Islands Forum.CommentsClose CommentsPermalink
Sec. 414. Review of activities of international commissions.CommentsClose CommentsPermalink
Sec. 415. Enhancing nuclear safeguards.CommentsClose CommentsPermalink
Sec. 416. Implementation of recommendations of Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism.CommentsClose CommentsPermalink
Sec. 417. Asia-Pacific Economic Cooperation.CommentsClose CommentsPermalink
Sec. 418. Implementing an international nuclear fuel bank.CommentsClose CommentsPermalink
TITLE V--UNITED STATES INTERNATIONAL BROADCASTING
Sec. 501. Authorization of appropriations for international broadcasting.CommentsClose CommentsPermalink
Sec. 502. Personal services contracting program.CommentsClose CommentsPermalink
Sec. 503. Radio Free Europe/Radio Liberty pay parity.CommentsClose CommentsPermalink
Sec. 504. Employment for international broadcasting.CommentsClose CommentsPermalink
Sec. 505. Domestic release of the Voice of America film entitled ‘A Fateful Harvest’.CommentsClose CommentsPermalink
Sec. 506. Establishing permanent authority for Radio Free Asia.CommentsClose CommentsPermalink
TITLE VI--PEACE CORPS
Sec. 601. Findings; statement of policy.CommentsClose CommentsPermalink
Sec. 602. Amendments to the Peace Corps Act.CommentsClose CommentsPermalink
Sec. 603. Report.CommentsClose CommentsPermalink
TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009
Sec. 701. Short title.CommentsClose CommentsPermalink
Sec. 702. Findings.CommentsClose CommentsPermalink
Sec. 703. Purposes.CommentsClose CommentsPermalink
Sec. 704. Definitions.CommentsClose CommentsPermalink
Sec. 705. Establishment and management of the Senator Paul Simon Study Abroad Foundation.CommentsClose CommentsPermalink
Sec. 706. Establishment and operation of program.CommentsClose CommentsPermalink
Sec. 707. Annual report.CommentsClose CommentsPermalink
Sec. 708. Powers of the Foundation; related provisions.CommentsClose CommentsPermalink
Sec. 709. General personnel authorities.CommentsClose CommentsPermalink
Sec. 710. GAO review.CommentsClose CommentsPermalink
Sec. 711. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCE
Subtitle A--Defense Trade Controls Performance Improvement Act of 2009
Sec. 801. Short title.CommentsClose CommentsPermalink
Sec. 802. Findings.CommentsClose CommentsPermalink
Sec. 803. Strategic review and assessment of the United States export controls system.CommentsClose CommentsPermalink
Sec. 804. Performance goals for processing of applications for licenses to export items on United States Munitions List.CommentsClose CommentsPermalink
Sec. 805. Requirement to ensure adequate staff and resources for the Directorate of Defense Trade Controls of the Department of State.CommentsClose CommentsPermalink
Sec. 806. Audit by Inspector General of the Department of State.CommentsClose CommentsPermalink
Sec. 807. Increased flexibility for use of defense trade controls registration fees.CommentsClose CommentsPermalink
Sec. 808. Review of International Traffic in Arms Regulations and United States Munitions List.CommentsClose CommentsPermalink
Sec. 809. Special licensing authorization for certain exports to NATO member states, Australia, Japan, New Zealand, Israel, and South Korea.CommentsClose CommentsPermalink
Sec. 810. Availability of information on the status of license applications under chapter 3 of the Arms Export Control Act.CommentsClose CommentsPermalink
Sec. 811. Sense of Congress.CommentsClose CommentsPermalink
Sec. 812. Definitions.CommentsClose CommentsPermalink
Sec. 813. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Export Licenses
Sec. 821. Availability to Congress of Presidential directives regarding United States arms export policies, practices, and regulations.CommentsClose CommentsPermalink
Sec. 822. Increase in value of defense articles and services for congressional review and expediting congressional review for Israel.CommentsClose CommentsPermalink
Sec. 823. Diplomatic efforts to strengthen national and international arms export controls.CommentsClose CommentsPermalink
Sec. 824. Reporting requirement for unlicensed exports.CommentsClose CommentsPermalink
Sec. 825. Report on value of major defense equipment and defense articles exported under section 38 of the Arms Export Control Act.CommentsClose CommentsPermalink
Sec. 826. Authority to remove satellites and related components from the United States Munitions List.CommentsClose CommentsPermalink
Sec. 827. Review and report of investigations of violations of section 3 of the Arms Export Control Act.CommentsClose CommentsPermalink
Sec. 828. Report on self-financing options for export licensing functions of DDTC of the Department of State.CommentsClose CommentsPermalink
Sec. 829. Clarification of certification requirement relating to Israel’s qualitative military edge.CommentsClose CommentsPermalink
Sec. 830. Expediting congressional defense export review period for Israel.CommentsClose CommentsPermalink
Sec. 831. Updating and conforming penalties for violations of sections 38 and 39 of the Arms Export Control Act.CommentsClose CommentsPermalink
Sec. 832. Report on certain aspects of United States export controls.CommentsClose CommentsPermalink
Subtitle C--Miscellaneous Provisions
Sec. 841. Authority to build the capacity of foreign military forces.CommentsClose CommentsPermalink
Sec. 842. Foreign Military Sales Stockpile Fund.CommentsClose CommentsPermalink
Sec. 843. Annual estimate and justification for Foreign Military Sales program.CommentsClose CommentsPermalink
Sec. 844. Sense of Congress on the global arms trade.CommentsClose CommentsPermalink
Sec. 845. Report on United States’ commitments to the security of Israel.CommentsClose CommentsPermalink
Sec. 846. War Reserves Stockpile.CommentsClose CommentsPermalink
Sec. 847. Excess defense articles for Central and South European countries and certain other countries.CommentsClose CommentsPermalink
Sec. 848. Support to Israel for missile defense.CommentsClose CommentsPermalink
TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVE
Subtitle A--General Provisions
Sec. 901. Coordinator of United States Government activities to implement the Merida Initiative.CommentsClose CommentsPermalink
Sec. 902. Adding the Caribbean to the Merida Initiative.CommentsClose CommentsPermalink
Sec. 903. Merida Initiative monitoring and evaluation mechanism.CommentsClose CommentsPermalink
Sec. 904. Merida Initiative defined.CommentsClose CommentsPermalink
Subtitle B--Prevention of Illicit Trade in Small Arms and Light Weapons
Sec. 911. Task force on the prevention of illicit small arms trafficking in the Western Hemisphere.CommentsClose CommentsPermalink
Sec. 912. Increase in penalties for illicit trafficking in small arms and light weapons to countries in the Western Hemisphere.CommentsClose CommentsPermalink
Sec. 913. Department of State rewards program.CommentsClose CommentsPermalink
TITLE X--REPORTING REQUIREMENTS
Sec. 1001. Assessment of Special Court for Sierra Leone.CommentsClose CommentsPermalink
Sec. 1002. Report on United States capacities to prevent genocide and mass atrocities.CommentsClose CommentsPermalink
Sec. 1003. Reports relating to programs to encourage good governance.CommentsClose CommentsPermalink
Sec. 1004. Reports on Hong Kong.CommentsClose CommentsPermalink
Sec. 1005. Democracy in Georgia.CommentsClose CommentsPermalink
Sec. 1006. Diplomatic relations with Israel.CommentsClose CommentsPermalink
Sec. 1007. Police training report.CommentsClose CommentsPermalink
Sec. 1008. Reports on humanitarian assistance in Gaza.CommentsClose CommentsPermalink
Sec. 1009. Report on activities in Haiti.CommentsClose CommentsPermalink
Sec. 1010. Report on religious minority communities in the Middle East.CommentsClose CommentsPermalink
Sec. 1011. Iran’s influence in the Western Hemisphere.CommentsClose CommentsPermalink
Sec. 1012. Recruitment and hiring of veterans at the Department of State and United States Agency for International Development.CommentsClose CommentsPermalink
Sec. 1013. Report on child abduction.CommentsClose CommentsPermalink
Sec. 1014. Report on effects of Buy America Act waivers under the PEPFAR program.CommentsClose CommentsPermalink
Sec. 1015. Report on United States-Brazil Joint Action Plan to Eliminate Racial Discrimination.CommentsClose CommentsPermalink
Sec. 1016. Report on reducing smuggling and trafficking in persons.CommentsClose CommentsPermalink
Sec. 1017. Report on Western Hemisphere Travel Initiative.CommentsClose CommentsPermalink
Sec. 1018. Report on United States contributions to the United Nations.CommentsClose CommentsPermalink
TITLE XI--MISCELLANEOUS PROVISIONS
Subtitle A--General Provisions
Sec. 1101. Bilateral commission with Nigeria.CommentsClose CommentsPermalink
Sec. 1102. Authorities relating to the Southern Africa Enterprise Development Fund.CommentsClose CommentsPermalink
Sec. 1103. Diabetes treatment and prevention and safe water and sanitation for Pacific Island countries.CommentsClose CommentsPermalink
Sec. 1104. Statelessness.CommentsClose CommentsPermalink
Sec. 1105. Statement of Policy Regarding the Ecumenical Patriarchate.CommentsClose CommentsPermalink
Sec. 1106. Limitation on assistance for weather cooperation activities to countries in the Americas.CommentsClose CommentsPermalink
Sec. 1107. Statement of Congress regarding Afghan women.CommentsClose CommentsPermalink
Sec. 1108. Global Peace Operations Initiative programs and activities.CommentsClose CommentsPermalink
Sec. 1109. Freedom of the press.CommentsClose CommentsPermalink
Sec. 1110. Information for Country Commercial Guides on business and investment climates.CommentsClose CommentsPermalink
Sec. 1111. International protection of girls by preventing child marriage.CommentsClose CommentsPermalink
Sec. 1112. Statement of Congress regarding return of portraits of Holocaust victims to artist Dina Babbitt.CommentsClose CommentsPermalink
Sec. 1113. Statement of policy regarding Somalia.CommentsClose CommentsPermalink
Sec. 1114. Modernization and streamlining of United States foreign assistance.CommentsClose CommentsPermalink
Sec. 1115. Global hunger and food security.CommentsClose CommentsPermalink
Sec. 1116. Statement of Congress on the humanitarian situation in Sri Lanka.CommentsClose CommentsPermalink
Sec. 1117. Audit requirements for 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 Reconstruction.CommentsClose CommentsPermalink
Sec. 1118. Global clean energy exchange program.CommentsClose CommentsPermalink
Sec. 1119. Alien repatriation.CommentsClose CommentsPermalink
Sec. 1120. Comprehensive interagency strategy and implementation plan for Sudan.CommentsClose CommentsPermalink
Sec. 1120A. Statement of policy regarding climate change.CommentsClose CommentsPermalink
Subtitle B--Sense of Congress Provisions
Sec. 1121. Promoting democracy and human rights in Belarus.CommentsClose CommentsPermalink
Sec. 1122. Sense of Congress relating to Soviet nuclear tests and Kazakhstan’s commitment to nonproliferation.CommentsClose CommentsPermalink
Sec. 1123. Sense of Congress on Holocaust-era property restitution and compensation.CommentsClose CommentsPermalink
Sec. 1124. Efforts to secure the freedom of Gilad Shalit.CommentsClose CommentsPermalink
Sec. 1125. Sense of Congress relating to Sudan.CommentsClose CommentsPermalink
Sec. 1126. Sense of Congress on restrictions on religious freedom in Vietnam.CommentsClose CommentsPermalink
Sec. 1127. Sense of Congress relating to the murder of United States Air Force Reserve Major Karl D. Hoerig and the need for prompt justice in State of Ohio v. Claudia C. Hoerig.CommentsClose CommentsPermalink
Sec. 1128. Sense of Congress regarding pension payments owed by the states of the former Soviet Union.CommentsClose CommentsPermalink
Sec. 1129. Sense of Congress relating to Israel’s right to self-defense.CommentsClose CommentsPermalink
Sec. 1130. International prevention and elimination of child soldiers.CommentsClose CommentsPermalink
DIVISION B--PEACE ACT OF 2009
Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink
Sec. 2. Definitions.CommentsClose CommentsPermalink
Sec. 3. Findings.CommentsClose CommentsPermalink
Sec. 4. Declaration of principles.CommentsClose CommentsPermalink
TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR PAKISTAN
Sec. 101. Purposes of assistance.CommentsClose CommentsPermalink
Sec. 102. Authorization of assistance.CommentsClose CommentsPermalink
Sec. 103. Multilateral support for Pakistan.CommentsClose CommentsPermalink
Sec. 104. Pakistan democracy and prosperity fund.CommentsClose CommentsPermalink
Sec. 105. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE II--SECURITY ASSISTANCE FOR PAKISTAN
Sec. 201. Sense of Congress.CommentsClose CommentsPermalink
Sec. 202. Purposes of assistance.CommentsClose CommentsPermalink
Sec. 203. Authorization of assistance.CommentsClose CommentsPermalink
Sec. 204. Pakistan Counterinsurgency Capability Fund.CommentsClose CommentsPermalink
Sec. 205. Exchange program between military and civilian personnel of Pakistan and certain other countries.CommentsClose CommentsPermalink
Sec. 206. Limitation on United States military assistance to Pakistan.CommentsClose CommentsPermalink
Sec. 207. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Comprehensive regional security strategy.CommentsClose CommentsPermalink
Sec. 302. Monitoring and evaluation of assistance.CommentsClose CommentsPermalink
Sec. 303. Auditing.CommentsClose CommentsPermalink
Sec. 304. Requirements for civilian control of United States assistance for Pakistan.CommentsClose CommentsPermalink
Sec. 305. Sense of Congress.CommentsClose CommentsPermalink
Sec. 306. Reports.CommentsClose CommentsPermalink
Sec. 307. Sunset.CommentsClose CommentsPermalink
TITLE IV--DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTAN
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Definitions; Purposes.CommentsClose CommentsPermalink
Sec. 403. Designation of Reconstruction Opportunity Zones.CommentsClose CommentsPermalink
Sec. 404. Duty-free treatment for certain nontextile and nonapparel articles.CommentsClose CommentsPermalink
Sec. 405. Duty-free treatment for certain textile and apparel articles.CommentsClose CommentsPermalink
Sec. 406. Protections against unlawful transshipment.CommentsClose CommentsPermalink
Sec. 407. Technical assistance, capacity building, compliance assessment, and remediation program.CommentsClose CommentsPermalink
Sec. 408. Petition process.CommentsClose CommentsPermalink
Sec. 409. Limitations on providing duty-free treatment.CommentsClose CommentsPermalink
Sec. 410. Termination of benefits.CommentsClose CommentsPermalink
Sec. 411. Customs user fees.CommentsClose CommentsPermalink
SEC. 3. APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.
Except as otherwise provided in this division, 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.CommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONSCommentsClose CommentsPermalink
TITLE I--AUTHORIZATION OF APPROPRIATIONSCommentsClose CommentsPermalink
SEC. 101. ADMINISTRATION OF FOREIGN AFFAIRS.
The following amounts are authorized to be appropriated for the Department of State under ‘Administration of Foreign Affairs’ to carry out the authorities, functions, duties, and responsibilities in the conduct of foreign affairs of the United States, and for other purposes authorized by law:CommentsClose CommentsPermalink
(1) DIPLOMATIC AND CONSULAR PROGRAMS-CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Diplomatic and Consular Programs’ $7,312,016,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(B) WORLDWIDE SECURITY PROTECTION- In addition to the amounts authorized to be appropriated by subparagraph (A), $1,648,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for worldwide security protection.CommentsClose CommentsPermalink
(C) PUBLIC DIPLOMACY- Of the amounts authorized to be appropriated under subparagraph (A), $500,278,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for pubic diplomacy.CommentsClose CommentsPermalink
(D) BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR- Of the amounts authorized to be appropriated under subparagraph (A), $20,659,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for the Bureau of Democracy, Human Rights, and Labor.CommentsClose CommentsPermalink
(2) CAPITAL INVESTMENT FUND- For ‘Capital Investment Fund’, $160,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(3) EMBASSY SECURITY, CONSTRUCTION AND MAINTENANCE- For ‘Embassy Security, Construction and Maintenance’, $1,815,050,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(4) EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS-CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Educational and Cultural Exchange Programs’, $633,243,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(B) TIBETAN SCHOLARSHIP PROGRAM- Of the amounts authorized to be appropriated under subparagraph (A), $750,000 for fiscal year 2010 and $800,000 for fiscal year 2011 are authorized to be appropriated to carry out the Tibetan scholarship program established under section 103(b)(1) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (
(C) NGAWANG CHOEPEL EXCHANGE PROGRAMS- Of the amounts authorized to be appropriated under subparagraph (A), such sums as may be necessary are authorized to be appropriated for each of fiscal years 2010 and 2011 for the ‘Ngawang Choepel Exchange Programs’ (formerly known as ‘programs of educational and cultural exchange between the United States and the people of Tibet’) under section 103(a) of the Human Rights, Refugee, and Other Foreign Relations Provisions Act of 1996 (
(5) CIVILIAN STABILIZATION INITIATIVE- For ‘Civilian Stabilization Initiative’, $323,272,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(6) REPRESENTATION ALLOWANCES- For ‘Representation Allowances’, $8,175,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(7) PROTECTION OF FOREIGN MISSIONS AND OFFICIALS-CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For Protection of Foreign Missions and Officials, $27,159,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(B) REIMBURSEMENT FOR PAST EXPENSES OWED BY THE UNITED STATES- In addition to the amounts authorized to be appropriated under subparagraph (A), there are authorized to be appropriated $21,000,000 for fiscal year 2010 and $25,000,000 for fiscal year 2011 for ‘Protection of Foreign Missions and Officials’ to be used only to reimburse State and local governments for necessary expenses incurred since 1998 for the protection of foreign missions and officials and recognized by the United States.CommentsClose CommentsPermalink
(8) EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE- For ‘Emergencies in the Diplomatic and Consular Service’, $10,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(9) REPATRIATION LOANS- For ‘Repatriation Loans’, $1,450,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(10) PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN- For ‘Payment to the American Institute in Taiwan’, $21,174,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(11) OFFICE OF THE INSPECTOR GENERAL-CommentsClose CommentsPermalink
(A) AUTHORIZATION OF APPROPRIATIONS- For ‘Office of the Inspector General’, $105,500,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(B) SPECIAL INSPECTOR GENERAL FOR IRAQ RECONSTRUCTION- Of the amounts authorized to be appropriated under subparagraph (A), $30,000,000 is authorized to be for the Special Inspector General for Iraq Reconstruction.CommentsClose CommentsPermalink
(C) SPECIAL INSPECTOR GENERAL FOR AFGHANISTAN RECONSTRUCTION- Of the amounts authorized to be appropriated under subparagraph (A), $23,000,000 is authorized to be for the Special Inspector General for Afghanistan Reconstruction.CommentsClose CommentsPermalink
SEC. 102. INTERNATIONAL ORGANIZATIONS.
(a) Assessed Contributions to International Organizations- There are authorized to be appropriated for ‘Contributions to International Organizations’, $1,797,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011, for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States with respect to international organizations and to carry out other authorities in law consistent with such purposes.CommentsClose CommentsPermalink
(b) Contributions for International Peacekeeping Activities- There are authorized to be appropriated for ‘Contributions for International Peacekeeping Activities’, $2,260,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011, for the Department of State to carry out the authorities, functions, duties, and responsibilities of the United States with respect to international peacekeeping activities and to carry out other authorities in law consistent with such purposes.CommentsClose CommentsPermalink
(c) Foreign Currency Exchange Rates- In addition to amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to offset adverse fluctuations in foreign currency exchange rates. Amounts appropriated under this subsection shall be available for obligation and expenditure only to the extent that the Director of the Office of Management and Budget determines and certifies to Congress that such amounts are necessary due to such fluctuations.CommentsClose CommentsPermalink
SEC. 103. INTERNATIONAL COMMISSIONS.
The following amounts are authorized to be appropriated under ‘International Commissions’ for the Department of State to carry out the authorities, functions, duties, and responsibilities in the conduct of the foreign affairs of the United States and for other purposes authorized by law:CommentsClose CommentsPermalink
(1) INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES AND MEXICO- For ‘International Boundary and Water Commission, United States and Mexico’--CommentsClose CommentsPermalink
(A) for ‘Salaries and Expenses’, $33,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011; andCommentsClose CommentsPermalink
(B) for ‘Construction’, $43,250,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(2) INTERNATIONAL BOUNDARY COMMISSION, UNITED STATES AND CANADA- For ‘International Boundary Commission, United States and Canada’, $2,385,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(3) INTERNATIONAL JOINT COMMISSION- For ‘International Joint Commission’, $7,974,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(4) INTERNATIONAL FISHERIES COMMISSIONS- For ‘International Fisheries Commissions’, $43,576,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.
(a) Authorization of Appropriations- There are authorized to be appropriated for ‘Migration and Refugee Assistance’ for authorized activities $1,577,500,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(b) Refugee Resettlement in Israel- Of the amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated $25,000,000 for fiscal years 2010 and such sums as may be necessary for fiscal year 2011 for resettlement of refugees in Israel.CommentsClose CommentsPermalink
SEC. 105. CENTERS AND FOUNDATIONS.
(a) Asia Foundation- There are authorized to be appropriated for ‘The Asia Foundation’ for authorized activities, $20,000,000 for fiscal year 2010, and $23,000,000 for fiscal year 2011.CommentsClose CommentsPermalink
(b) National Endowment for Democracy- There are authorized to be appropriated for the ‘National Endowment for Democracy’ for authorized activities, $100,000,000 for fiscal year 2010, and $115,000,000 for fiscal year 2011.CommentsClose CommentsPermalink
(c) Center for Cultural and Technical Interchange Between East and West- There are authorized to be appropriated for the ‘Center for Cultural and Technical Interchange Between East and West’ for authorized activities, such sums as may be necessary for each of fiscal years 2010 and 2011.CommentsClose CommentsPermalink
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIESCommentsClose CommentsPermalink
TITLE II--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIESCommentsClose CommentsPermalink
Subtitle A--Basic Authorities and ActivitiesCommentsClose CommentsPermalink
Subtitle A--Basic Authorities and ActivitiesCommentsClose CommentsPermalink
SEC. 201. INTERNATIONAL LITIGATION FUND.
Section 38(d)(3) of the State Department Basic Authorities Act of 1956 (
SEC. 202. ACTUARIAL VALUATIONS.
The Foreign Service Act of 1980 is amended--CommentsClose CommentsPermalink
(1) in section 818 (
(A) in the first sentence, by striking ‘Secretary of the Treasury’ and inserting ‘Secretary of State’; andCommentsClose CommentsPermalink
(B) by amending the second sentence to read as follows: ‘The Secretary of State is authorized to expend from money to the credit of the Fund such sums as may be necessary to administer the provisions of this chapter, including actuarial advice, but only to the extent and in such amounts as are provided in advance in appropriations acts.’;CommentsClose CommentsPermalink
(2) in section 819 (
(3) in section 825(b) (
(4) in section 859(c) (
(A) by striking ‘Secretary of the Treasury’ and inserting ‘Secretary of State’; andCommentsClose CommentsPermalink
(B) by striking ‘and shall advise the Secretary of State of’ and inserting ‘that will provide’.CommentsClose CommentsPermalink
SEC. 203. SPECIAL AGENTS.
(a) In General- Paragraph (1) of section 37(a) of the State Department Basic Authorities Act of 1956 (
‘(1) conduct investigations concerning--CommentsClose CommentsPermalink
‘(A) illegal passport or visa issuance or use;CommentsClose CommentsPermalink
‘(B) identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State; andCommentsClose CommentsPermalink
‘(C) Federal offenses committed within the special maritime and territorial jurisdiction of the United States as defined in paragraph (9) of
, except as that jurisdiction relates to the premises of United States military missions and related residences;’.CommentsClose CommentsPermalink section 7 of title 18, United States Code
(b) Rule of Construction- Nothing in paragraph (1) of such section 37(a) (as amended by subsection (a) of this section) shall be construed to limit the investigative authority of any other Federal department or agency.CommentsClose CommentsPermalink
SEC. 204. REPATRIATION LOANS.
Section 4 of the State Department Basic Authorities Act of 1956 (
‘(e) Under such regulations as the Secretary of State may prescribe, and in such amounts as are appropriated in advance, the Secretary is authorized to waive in whole or part the recovery of a repatriation loan under subsection (d) if it is shown that such recovery would be against equity and good conscience or against the public interest.’.CommentsClose CommentsPermalink
SEC. 205. ELIGIBILITY IN CERTAIN CIRCUMSTANCES FOR AN AGENCY OF A FOREIGN GOVERNMENT TO RECEIVE A REWARD UNDER THE DEPARTMENT OF STATE REWARDS PROGRAM.
(a) Eligibility- Subsection (f) of section 36 of the State Department Basic Authorities Act of 1956 (
(1) by striking ‘(f) Ineligibility- An officer’ and inserting the following:CommentsClose CommentsPermalink
‘(f) Ineligibility-CommentsClose CommentsPermalink
‘(1) IN GENERAL- Except as provided in paragraph (2), an officer’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2) EXCEPTION IN CERTAIN CIRCUMSTANCES- The Secretary may pay a reward to an officer or employee of a foreign government (or any entity thereof) who, while in the performance of his or her official duties, furnishes information described in such subsection, if the Secretary determines that such payment satisfies the following conditions:CommentsClose CommentsPermalink
‘(A) Such payment is appropriate in light of the exceptional or high-profile nature of the information furnished pursuant to such subsection.CommentsClose CommentsPermalink
‘(B) Such payment may aid in furnishing further information described in such subsection.CommentsClose CommentsPermalink
‘(C) Such payment is formally requested by such agency.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Subsection (b) of such section (
Subtitle B--Public Diplomacy at the Department of StateCommentsClose CommentsPermalink
Subtitle B--Public Diplomacy at the Department of StateCommentsClose CommentsPermalink
SEC. 211. CONCENTRATION OF PUBLIC DIPLOMACY RESPONSIBILITIES.
Section 60 of the State Department Basic Authorities Act of 1956 (
(1) in subsection (b)(1), by inserting ‘in accordance with subsection (e),’ before ‘coordinate’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(e) Concentration of Public Diplomacy Responsibilities-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary of State shall, subject to the direction of the President, have primary responsibility for the coordination described in subsection (b)(1), and shall make every effort to establish and present to foreign publics unified United States public diplomacy activities.CommentsClose CommentsPermalink
‘(2) QUARTERLY MEETINGS AND ONGOING CONSULTATIONS AND COORDINATION-CommentsClose CommentsPermalink
‘(A) IN GENERAL- The Secretary shall, subject to the direction of the President, establish a working group of the heads of the Federal agencies referred to in subsection (b)(1) and should seek to convene such group not less often than once every three months to carry out the requirement specified in paragraph (1) of this subsection.CommentsClose CommentsPermalink
‘(B) CHAIR AND ROTATING VICE CHAIR- The Secretary shall serve as the permanent chair of the quarterly meetings required under subparagraph (A). Each head of a Federal agency referred to in subsection (b)(1) shall serve on a rotating basis as the vice chair of each such quarterly meeting.CommentsClose CommentsPermalink
‘(C) INITIAL MEETING- The initial meeting of the working group established under subparagraph (A) shall be not later than the date that is six months after the date of the enactment of this subsection.CommentsClose CommentsPermalink
‘(D) ONGOING CONSULTATIONS AND COORDINATION- The Secretary and each head of the Federal agencies referred to in subsection (b)(1) shall designate a representative of each respective agency to consult and coordinate with such other representatives on an ongoing basis beginning not later than 30 days after the initial meeting of the working group under subparagraph (C) to carry out the requirement specified in paragraph (1) of this subsection. The designee of the Secretary shall have primary responsibility for such ongoing consultations and coordination.CommentsClose CommentsPermalink
‘(3) REPORTS REQUIRED-CommentsClose CommentsPermalink
‘(A) IN GENERAL- Except as provided in subparagraph (D), each head of a Federal agency referred to in subsection (b)(1) shall annually submit to the President a report on the public diplomacy activities of each such agency in the preceding year.CommentsClose CommentsPermalink
‘(B) INFORMATION SHARING- The President shall make available to the Secretary the reports submitted pursuant to subparagraph (A).CommentsClose CommentsPermalink
‘(C) INITIAL SUBMISSIONS- The first annual reports required under subparagraph (A) shall be submitted not later than the date that is 1 year after the date of the enactment of this subsection.CommentsClose CommentsPermalink
‘(D) LIMITATION- Subparagraph (A) shall not apply with respect to activities carried out pursuant to
.’.CommentsClose CommentsPermalink section 167 of title 10, United States Code
SEC. 212. ESTABLISHMENT OF PUBLIC DIPLOMACY RESERVE CORPS.
(a) Finding- Congress finds that currently a shortage of trained public diplomacy Foreign Service officers at the mid-career level threatens the effectiveness of United States outreach to publics abroad.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the Foreign Service should recruit individuals with professional experience relevant to public diplomacy, and provide training and mentoring to cultivate their skills in order to build up the corps of professionals in the public diplomacy cone; andCommentsClose CommentsPermalink
(2) apart from the public diplomacy cone, training of all Foreign Service officers should include more information on techniques of public diplomacy.CommentsClose CommentsPermalink
(c) Establishment of Public Diplomacy Reserve Corps- Section 301 of the Foreign Service Act of 1980 (
‘(e) Establishment of Public Diplomacy Reserve Corps-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The Secretary of State is authorized to establish in the Foreign Service a Public Diplomacy Reserve Corps consisting of mid- and senior-level former Foreign Service officers and other individuals with experience in the private or public sector relevant to public diplomacy, to serve for a period of 6 months to 2 years in postings abroad.CommentsClose CommentsPermalink
‘(2) PROHIBITION ON CERTAIN ACTIVITIES- While actively serving with the Reserve Corps, individuals may not engage in activities directly or indirectly intended to influence public opinion within the United States in the same manner and to the same extent that employees of the Department of State engaged in public diplomacy are so prohibited.’.CommentsClose CommentsPermalink
SEC. 213. ENHANCING UNITED STATES PUBLIC DIPLOMACY OUTREACH.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The platform strategy for United States public diplomacy programs has changed dramatically with events of the past decade. The United States Government used to operate hundreds of free-standing facilities around the world, known as ‘American Centers’ or ‘America Houses’, that offered venues for cultural and educational events as well as access to books, magazines, films, and other selected materials about the United States. The consolidation of the United States Information Agency (USIA) into the Department of State accelerated the post-Cold War process of closing these facilities, and the deadly attacks on United States embassies in Tanzania and Kenya prompted the imposition of security requirements under law that included co-locating United States Government employees in hardened embassy compounds.CommentsClose CommentsPermalink
(2) Information Resource Centers, which offer library services and space for public events, that are now located in embassy compounds allow limited access--and in some cases, none whatsoever--by the public, and half of them operate on a ‘by appointment only’ basis. ‘American Corner’ facilities, operated by local contacts in university or public libraries in some countries, are no substitute for a designated venue recognized as a resource for information on United States culture and education staffed by a knowledgeable representative of the embassy.CommentsClose CommentsPermalink
(b) Partnership Arrangements To Further Public Diplomacy and Outreach- Recognizing the security challenges of maintaining free-standing public diplomacy facilities outside of embassy compounds, the Secretary of State shall consider new partnership arrangements with local or regional entities in foreign countries that can operate free-standing American Centers in areas well-trafficked by a cross-section of people in such countries, including in downtown storefronts, health care clinics, and other locations that reach beyond library patrons and university students. Where such partnership arrangements currently exist, the Secretary shall evaluate the efficacy of such partnership arrangements and determine whether such partnership arrangements can provide a model for public diplomacy facilities outside of embassy and consulate compounds elsewhere. Not later than 180 days after the date of the enactment of this Act, the Secretary shall brief the appropriate congressional committees on the evaluation and determinations described in the preceding sentence.CommentsClose CommentsPermalink
(c) Establishment of Certain Public Diplomacy Facilities- After taking into account relevant security needs, the Secretary of State shall consider placing United States public diplomacy facilities at locations that maximize the role of such facilities in the educational and cultural life of the cities in which such facilities are located, and help build a growing constituency for such facilities, in accordance with the authority given to the Secretary under section 606(a)(2)(B) of the Secure Embassy Construction and Counterterrorism Act of 1999 (
SEC. 214. PUBLIC DIPLOMACY RESOURCE CENTERS.
(a) Establishment and Maintenance of Libraries- Section 1(b)(3) of the State Department Basic Authorities Act of 1956 (
(1) in subparagraph (D), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in subparagraph (E), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink
‘(F) provide for the establishment of new and the maintenance of existing libraries and resource centers at or in connection with United States diplomatic and consular missions.’.CommentsClose CommentsPermalink
(b) Operation of Libraries-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State shall ensure that libraries and resource centers established and maintained in accordance with subparagraph (F) of section 1(b)(3) of the State Department Basic Authorities Act of 1956 (as added by subsection (a)(3) of this section) are open to the general public and, if practicable, made available over the internet to the greatest extent practicable, subject to policies and procedures established by the Secretary to ensure the safety and security of United States diplomatic and consular missions and of United States officers, employees, and personnel posted at such missions at which such libraries are located.CommentsClose CommentsPermalink
(2) SHOWINGS OF UNITED STATES FILMS- To the extent practicable, the Secretary of State shall ensure that such libraries and resource centers schedule public showings of United States films that showcase United States culture, society, values, and history, including making such films available over the internet, if practicable.CommentsClose CommentsPermalink
(c) Advisory Commission on Public Diplomacy- Not later than 1 year after the date of the enactment of this section, the Advisory Commission on Public Diplomacy (authorized under section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (
(d) Authorization of Appropriations- From amounts authorized to be appropriated for Diplomatic and Consular Programs pursuant to section 101(1)(A), there is authorized to be appropriated to the Secretary of State such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this section.CommentsClose CommentsPermalink
SEC. 215. GRANTS FOR INTERNATIONAL DOCUMENTARY EXCHANGE PROGRAMS.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Since September 11, 2001, a distorted perception of the United States has grown abroad, even as many Americans struggle to understand the increasingly complex world beyond the borders of the United States.CommentsClose CommentsPermalink
(2) This public diplomacy crisis poses an ongoing threat to United States security, diplomatic relations, commerce, and citizen-to-citizen relationships between the United States and other countries.CommentsClose CommentsPermalink
(3) Independently produced documentary films have proven to be an effective means of communicating United States ideas and values to populations of other countries.CommentsClose CommentsPermalink
(4) It is in the interest of the United States to provide assistance to United States nongovernmental organizations that produce and distribute independently produced documentary films.CommentsClose CommentsPermalink
(b) Assistance- The Secretary of State is authorized to make grants, on such terms and conditions as the Secretary may determine, to United States nongovernmental organizations that use independently produced documentary films to promote better understanding of the United States abroad and better understanding of global perspectives and other countries in the United States.CommentsClose CommentsPermalink
(c) Activities Supported- Grants provided under subsection (b) shall, to the maximum extent practicable, be used to carry out the following activities:CommentsClose CommentsPermalink
(1) Fund, distribute, and promote documentary films that convey a diversity of views about life in the United States to foreign audiences and bring insightful foreign perspectives to United States audiences.CommentsClose CommentsPermalink
(2) Support documentaries described in paragraph (1) that are made by independent foreign and domestic producers, selected through a peer review process.CommentsClose CommentsPermalink
(3) Develop a network of overseas partners to produce, distribute, and broadcast such documentaries.CommentsClose CommentsPermalink
(d) Special Factors- In making the grants described in subsection (b), the Secretary shall give preference to nongovernmental organizations that--CommentsClose CommentsPermalink
(1) provide at least 35 percent of the total project cost in matching funds from non-Federal sources; andCommentsClose CommentsPermalink
(2) have prior experience supporting independently produced documentary films that have been broadcast on public television in the United States.CommentsClose CommentsPermalink
(e) Report- Not later than 2 years after the date of the enactment of this Act, the Secretary shall submit to Congress a report that contains a detailed description of the implementation of this section for the prior year.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- Of the amounts authorized to be appropriated for Educational and Cultural Exchange Programs pursuant to section 101(4), there is authorized to be appropriated to the Secretary of State $5,000,000 for each of fiscal years 2010 and 2011 to carry out this section.CommentsClose CommentsPermalink
SEC. 216. UNITED STATES ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
(a) Reauthorization of United States Advisory Commission on Public Diplomacy- Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 (
(b) Study and Report- Section 604(c)(2) of the United States Information and Educational Exchange Act of 1948 (
‘(2)(A) Not less often than once every two years, the Commission shall undertake an in-depth review of United States public diplomacy programs, policies, and activities. Each study shall assess the effectiveness of the various mechanisms of United States public diplomacy in light of several factors, including public and media attitudes around the world toward the United States, United States citizens, and United States foreign policy, and make appropriate recommendations.CommentsClose CommentsPermalink
‘(B) The Commission shall submit to the Secretary and the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a comprehensive report of each study required under subparagraph (A). At the discretion of the Commission, any report under this subsection may be submitted in classified form or with a classified appendix.CommentsClose CommentsPermalink
‘(C) Upon request of the Commission, the Secretary, the Chair of the Broadcasting Board of Governors, and the head of any other Federal agency that conducts public diplomacy or strategic communications activities shall provide to the Commission information to assist the Commission in carrying out its responsibilities under this paragraph.’.CommentsClose CommentsPermalink
(c) Enhancing the Expertise of the United States Advisory Commission on Public Diplomacy-CommentsClose CommentsPermalink
(1) QUALIFICATIONS OF MEMBERS- Section 604(a)(2) of the United States Information and Educational Exchange Act of 1948 (
(2) APPLICATION OF AMENDMENT- The amendment made by paragraph (1) shall not apply to individuals who are members of the United States Advisory Commission on Public Diplomacy on the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 217. SPECIAL OLYMPICS.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Special Olympics International has been recognized for more than four decades as the world leader in providing life-changing sports training and competition experiences for persons with intellectual disabilities at all levels of severity.CommentsClose CommentsPermalink
(2) While Special Olympics sports programming is widely respected around the world, less well-known are a number of supporting initiatives targeted to changing attitudes toward people with intellectual disabilities, developing leaders among the intellectual disability population, supporting families of people with these disabilities, improving access to health services, and enhancing government policies and programs for people with intellectual disabilities.CommentsClose CommentsPermalink
(3) Special Olympics has documented the challenge of ignorance and poor attitudes toward intellectual disability worldwide and its capacity to change discriminatory attitudes to understanding, acceptance, and advocacy for people with intellectual disabilities. It does so through an array of educational and attitude change activities that affect multiple levels of society. These activities have received financial support from the Bureau of Educational and Cultural Affairs (ECA) of the Department of State, among other sources.CommentsClose CommentsPermalink
(b) Administration of Program- Section 3(b) of the Special Olympics Sport and Empowerment Act of 2004 (
SEC. 218. EXTENSION OF PROGRAM TO PROVIDE GRANTS TO AMERICAN-SPONSORED SCHOOLS IN PREDOMINANTLY MUSLIM COUNTRIES TO PROVIDE SCHOLARSHIPS.
Section 7113 of the Intelligence Reform and Terrorism Prevention Act of 2004 (
(1) in subsection (g)--CommentsClose CommentsPermalink
(A) by striking ‘Committee on International Relations’ and inserting ‘Committee on Foreign Affairs’; andCommentsClose CommentsPermalink
(B) by striking ‘April 15, 2006, and April 15, 2008’ and inserting ‘June 15, 2010, and June 15, 2011’; andCommentsClose CommentsPermalink
(2) in subsection (h), by striking ‘2007 and 2008’ and inserting ‘2010 and 2011’.CommentsClose CommentsPermalink
SEC. 219. CENTRAL ASIA SCHOLARSHIP PROGRAM FOR PUBLIC POLICY INTERNSHIPS.
(a) Pilot Program Established- As part of the educational and cultural exchange programs of the Department of State, the Secretary of State shall establish a pilot program for fiscal years 2010 and 2011 to award scholarships to undergraduate and graduate students from Central Asia for public policy internships in the United States. Subject to the availability of appropriations, for each fiscal year not more than 50 students may participate in the program established under this section.CommentsClose CommentsPermalink
(b) General Provisions-CommentsClose CommentsPermalink
(1) IN GENERAL- Except as otherwise provided in this section, the program established pursuant to subsection (a) shall be carried out under applicable provisions of the United States Information and Educational Exchange Act of 1948 (
(2) SCHOLARSHIP ELIGIBILITY REQUIREMENTS- In addition to such other requirements as may be established by the Secretary of State, a scholarship recipient under this section--CommentsClose CommentsPermalink
(A) shall be proficient in the English language;CommentsClose CommentsPermalink
(B) shall be a student at an undergraduate or graduate school level at an accredited institution of higher education with a record of outstanding academic achievement and demonstrated intellectual abilities;CommentsClose CommentsPermalink
(C) may not have received an academic scholarship or grant from the United States Government in the 3 years preceding the award of a scholarship under this section; andCommentsClose CommentsPermalink
(D) may not be or have been a member of a foreign terrorist organization (as designated by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (
(3) INTERNSHIPS- Internships under this section shall be for periods of not more than 6 months.CommentsClose CommentsPermalink
(4) PRIORITY CONSIDERATION- In the award of internships under this section, the Secretary of State shall give priority consideration to students who are underprivileged or members of ethnic, religious, or cultural minorities.CommentsClose CommentsPermalink
(5) CENTRAL ASIA DEFINED- For the purposes of this section, the term ‘Central Asia’ means the countries of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan.CommentsClose CommentsPermalink
(c) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 101(4), there is authorized to be appropriated $600,000 for each of fiscal years 2010 and 2011 to carry out this section.CommentsClose CommentsPermalink
SEC. 220. UNITED STATES-SOUTH PACIFIC SCHOLARSHIP PROGRAM.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The United States-South Pacific Scholarship Program (USSP), authorized by Congress and funded by the Bureau of Educational and Cultural Affairs of the Department of State, is a competitive, merit-based scholarship program that ensures that Pacific Islanders have an opportunity to pursue higher education in the United States and to obtain first-hand knowledge of United States institutions.CommentsClose CommentsPermalink
(2) It is expected that these students will one day assume leadership roles in their countries.CommentsClose CommentsPermalink
(3) As the Chairman of the Subcommittee on Territories and Insular Affairs, the late Congressman Phillip Burton was a voice for Pacific Island populations.CommentsClose CommentsPermalink
(4) He was also a voice for workers, the poor, and the elderly.CommentsClose CommentsPermalink
(5) Congressman Burton was one of the most brilliant and productive legislators in United States politics.CommentsClose CommentsPermalink
(6) He served in Congress from 1964 to 1983.CommentsClose CommentsPermalink
(7) He worked every day of his life to ensure social justice and human dignity for all people.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) so that future generations will know his name and remember his service, it is fitting that the leadership and vision of Phillip Burton, especially as the Chairman of the Subcommittee on Territories and Insular Affairs, which indirectly impacted United States foreign policy in the South Pacific region, should be honored; andCommentsClose CommentsPermalink
(2) the United States-South Pacific Scholarship Program should be renamed the Phillip Burton Scholarship Program for South Pacific Island Students.CommentsClose CommentsPermalink
(c) Funding-CommentsClose CommentsPermalink
(1) IN GENERAL- Of the amounts authorized to be appropriated pursuant to section 101(4), $750,000 is authorized to be appropriated for each of fiscal years 2010 and 2011 to be made available for the United States-South Pacific Scholarship Program.CommentsClose CommentsPermalink
(2) NAME- Scholarships awarded under the Program shall be referred to as ‘Burton Scholarships’ and recipients of such scholarships shall be referred to as ‘Burton Scholars’.CommentsClose CommentsPermalink
SEC. 221. SCHOLARSHIPS FOR INDIGENOUS PEOPLES OF MEXICO AND CENTRAL AND SOUTH AMERICA.
Of the amounts authorized to be appropriated pursuant to section 101(4), $400,000 for each of fiscal years 2010 and 2011 is authorized to be appropriated for scholarships for secondary and post-secondary education in the United States for students from Mexico and the countries of Central and South America who are from the indigenous peoples of the region.CommentsClose CommentsPermalink
SEC. 222. UNITED STATES-CARIBBEAN EDUCATIONAL EXCHANGE PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; andCommentsClose CommentsPermalink
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink
(2) CARICOM COUNTRY- The term ‘CARICOM country’--CommentsClose CommentsPermalink
(A) means a member country of the Caribbean Community (CARICOM); butCommentsClose CommentsPermalink
(B) does not include--CommentsClose CommentsPermalink
(i) a country having observer status in CARICOM; orCommentsClose CommentsPermalink
(ii) a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979 (as continued in effect pursuant to the International Emergency Economic Powers Act), section 40 of the Arms Export Control Act, section 620A of the Foreign Assistance Act of 1961, or any other provision of law, is a government that has repeatedly provided support for acts of international terrorism.CommentsClose CommentsPermalink
(3) SECRETARY- Except as otherwise provided, the term ‘Secretary’ means the Secretary of State.CommentsClose CommentsPermalink
(4) UNITED STATES COOPERATING AGENCY- The term ‘United States cooperating agency’ means--CommentsClose CommentsPermalink
(A) an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (
(B) a higher education association;CommentsClose CommentsPermalink
(C) a nongovernmental organization incorporated in the United States; orCommentsClose CommentsPermalink
(D) a consortium consisting of two or more such institutions, associations, or nongovernmental organizations.CommentsClose CommentsPermalink
(b) Program Authorized- The Secretary of State is authorized to establish an educational exchange program between the United States and CARICOM countries, to be known as the ‘Shirley A. Chisholm United States-Caribbean Educational Exchange Program’, under which--CommentsClose CommentsPermalink
(1) secondary school students from CARICOM countries will--CommentsClose CommentsPermalink
(A) attend a public or private secondary school in the United States; andCommentsClose CommentsPermalink
(B) participate in activities designed to promote a greater understanding of the values and culture of the United States; andCommentsClose CommentsPermalink
(2) undergraduate students, graduate students, post-graduate students, and scholars from CARICOM countries will--CommentsClose CommentsPermalink
(A) attend a public or private college or university, including a community college, in the United States; andCommentsClose CommentsPermalink
(B) participate in activities designed to promote a greater understanding of the values and culture of the United States.CommentsClose CommentsPermalink
(c) Elements of Program- The program authorized under subsection (b) shall meet the following requirements:CommentsClose CommentsPermalink
(1) The program will offer scholarships to students and scholars based on merit and need. It is the sense of Congress that scholarships should be offered to students and scholars who evidence merit, achievement, and strong potential for the studies such students and scholars wish to undertake under the program and 60 percent of scholarships offered under the program should be based on financial need.CommentsClose CommentsPermalink
(2) The program will seek to achieve gender equality in granting scholarships under the program.CommentsClose CommentsPermalink
(3) Fields of study under the program will support the labor market and development needs of CARICOM countries, assuring a pool of technical experts to address such needs.CommentsClose CommentsPermalink
(4) The program will limit participation to--CommentsClose CommentsPermalink
(A) 1 year of study for secondary school students;CommentsClose CommentsPermalink
(B) 2 years of study for undergraduate students; andCommentsClose CommentsPermalink
(C) 12 months of study for graduate students, post-graduate students, and scholars.CommentsClose CommentsPermalink
(5) For a period of time equal to the period of time of participation in the program, but not to exceed 2 years, the program will require participants who are students and scholars described in subsection (a)(2) to--CommentsClose CommentsPermalink
(A) agree to return to live and work, or study or volunteer, in a CARICOM country and maintain residence in such country, within 6 months of completion of academic studies; orCommentsClose CommentsPermalink
(B) agree to obtain employment that directly benefits the growth, progress, and development of one or more CARICOM countries and the people of such countries.CommentsClose CommentsPermalink
(6) The Secretary may waive, shorten the duration, or otherwise alter the requirements of paragraph (4) in limited circumstances of hardship, humanitarian needs, for specific educational purposes, or in furtherance of the national interests of the United States.CommentsClose CommentsPermalink
(d) Role of United States Cooperating Agencies- The Secretary shall consult with United States cooperating agencies in developing the program authorized under subsection (b). The Secretary is authorized to provide grants to United States cooperating agencies in carrying out the program authorized under subsection (b).CommentsClose CommentsPermalink
(e) Monitoring and Evaluation of Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary shall monitor and evaluate the effectiveness and efficiency of the program authorized under subsection (b). In so doing, the Secretary shall, among other things, evaluate the program’s positive or negative effects on ‘brain drain’ from the participating CARICOM countries and suggest ways in which the program may be improved to promote the basic goal of alleviating brain drain from the participating CARICOM countries.CommentsClose CommentsPermalink
(2) REQUIREMENTS- In carrying out paragraph (1), the Secretary shall review on a regular basis--CommentsClose CommentsPermalink
(A) financial information relating to the program;CommentsClose CommentsPermalink
(B) budget plans for the program;CommentsClose CommentsPermalink
(C) adjustments to plans established for the program;CommentsClose CommentsPermalink
(D) graduation rates of participants in the program;CommentsClose CommentsPermalink
(E) the percentage of participants who are students described in subsection (b)(1) who pursue higher education;CommentsClose CommentsPermalink
(F) the percentage of participants who return to their home country or another CARICOM country;CommentsClose CommentsPermalink
(G) the types of careers pursued by participants in the program and the extent to which such careers are linked to the political, economic, and social development needs of CARICOM countries; andCommentsClose CommentsPermalink
(H) the impact of gender, country of origin, financial need of students, and other relevant factors on the data collected under subparagraphs (D) through (G).CommentsClose CommentsPermalink
(f) Reporting Requirements-CommentsClose CommentsPermalink
(1) REPORT REQUIRED- Not later than 120 days after the date of the enactment of this section, the Secretary of State shall submit to the appropriate congressional committees a report on plans to implement the program authorized under this section.CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- The report required by paragraph (1) shall include--CommentsClose CommentsPermalink
(A) a plan for selecting participants in the program, including an estimate of the number of secondary school students, undergraduate students, graduate students, post-graduate students, and scholars from each country, by educational level, who will be selected as participants in the program for each fiscal year;CommentsClose CommentsPermalink
(B) a timeline for selecting United States cooperating agencies that will assist in implementing the program;CommentsClose CommentsPermalink
(C) a financial plan that--CommentsClose CommentsPermalink
(i) identifies budget plans for each educational level under the program; andCommentsClose CommentsPermalink
(ii) identifies plans or systems to ensure that the costs to public school, college, and university education under the program and the costs to private school, college, and university education under the program are reasonably allocated; andCommentsClose CommentsPermalink
(D) a plan to provide outreach to and linkages with schools, colleges and universities, and nongovernmental organizations in both the United States and CARICOM countries for implementation of the program.CommentsClose CommentsPermalink
(3) UPDATES OF REPORT-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary shall submit to the appropriate congressional committees updates of the report required by paragraph (1) for each fiscal year for which amounts are appropriated pursuant to the authorization of appropriations under subsection (g).CommentsClose CommentsPermalink
(B) MATTERS TO BE INCLUDED- Such updates shall include the following:CommentsClose CommentsPermalink
(i) Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under this section.CommentsClose CommentsPermalink
(ii) An analysis of the positive and negative impacts the program authorized under this section will have or is having on ‘brain drain’ from the participating CARICOM countries.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 101(4), there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this section.CommentsClose CommentsPermalink
SEC. 223. EXCHANGES BETWEEN SRI LANKA AND THE UNITED STATES TO PROMOTE DIALOGUE AMONG MINORITY GROUPS IN SRI LANKA.
(a) Purpose- It is the purpose of this section to provide financial assistance to--CommentsClose CommentsPermalink
(1) establish an exchange program for Sri Lankan students currently pursuing a high school degree to participate in dialogue and understanding workshops in the United States;CommentsClose CommentsPermalink
(2) expand Sri Lankan participation in exchange programs of the Department of State; andCommentsClose CommentsPermalink
(3) promote dialogue between young adults from various ethnic, religious, linguistic, and other minority groups in Sri Lanka.CommentsClose CommentsPermalink
(b) Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State shall establish an exchange program to provide scholarships to fund exchanges to enable Sri Lankan high school students from various ethnic, religious, linguistic, and other minority groups to participate in post-conflict resolution, understanding, and dialogue promotion workshops.CommentsClose CommentsPermalink
(2) DIALOGUE WORKSHOPS- The exchange program established under paragraph (1) shall include a dialogue workshop located in the United States for participants in such program.CommentsClose CommentsPermalink
(c) Definition- For purposes of this section, the term ‘scholarship’ means an amount to be used for full or partial support of living expenses in the United States for a participant in the exchange program established under subsection (b), including travel expenses to, from, and within the United States.CommentsClose CommentsPermalink
SEC. 224. EXCHANGES BETWEEN LIBERIA AND THE UNITED STATES FOR WOMEN LEGISLATORS.
(a) Purpose- It is the purpose of this section to provide financial assistance to--CommentsClose CommentsPermalink
(1) establish an exchange program for Liberian women legislators and women staff members of the Liberian Congress;CommentsClose CommentsPermalink
(2) expand Liberian participation in exchange programs of the Department of State; andCommentsClose CommentsPermalink
(3) promote the advancement of women in the field of politics, with the aim of eventually reducing the rates of domestic abuse, illiteracy, and sexism in Liberia.CommentsClose CommentsPermalink
(b) Program- The Secretary of State shall establish an exchange program in cooperation with the Women’s Legislative Caucus in Liberia to provide scholarships to fund exchanges to enable Liberian women legislators and exceptional women Liberian Congressional staffers to encourage more women to participate in, and continue to be active in, politics and the democratic process in Liberia.CommentsClose CommentsPermalink
(c) Scholarship Defined- In this section, the term ‘scholarship’ means an amount to be used for full or partial support of living expenses in the United States for a participant in the exchange program established under subsection (b), including travel expenses to, from, and within the United States.CommentsClose CommentsPermalink
SEC. 225. PUBLIC DIPLOMACY PLAN FOR HAITI.
The Secretary of State shall develop a public diplomacy plan to be implemented in the event that Temporary Protected Status (TPS) is extended to Haitian nationals in the United States to effectively inform Haitians living in Haiti that--CommentsClose CommentsPermalink
(1) TPS only permits people already in the United States as of a specifically designated date to remain in the United States;CommentsClose CommentsPermalink
(2) there are extraordinary dangers of travel by sea to the United States in unsafe, overcrowded vessels;CommentsClose CommentsPermalink
(3) any Haitian interdicted at sea traveling to the United States will be repatriated to Haiti; andCommentsClose CommentsPermalink
(4) the United States will continue its large assistance program to help the people of Haiti recover from recent hurricanes, restore stability, and promote economic growth.CommentsClose CommentsPermalink
SEC. 226. TRANSFER OF THE VIETNAM EDUCATION FOUNDATION TO THE DEPARTMENT OF STATE.
(a) Purposes- Section 202 of the Vietnam Education Foundation Act of 2000 (
‘(3) To support the development of one or more academic institutions in Vietnam by financing the participation of United States institutions of higher education in the governance, management, and academic activities of such academic institutions in Vietnam.’.CommentsClose CommentsPermalink
(b) Establishment- Section 204 of such Act is amended to read as follows:CommentsClose CommentsPermalink
‘SEC. 204. ESTABLISHMENT.
‘There is established, within the Bureau of Educational and Cultural Affairs of the Department of State, the Vietnam Education Foundation (referred to in this title as the ‘Foundation’).’.CommentsClose CommentsPermalink
(c) Replacement of Board of Directors With Advisory Committee- Section 205 of such Act is amended to read as follows:CommentsClose CommentsPermalink
‘SEC. 205. VIETNAM EDUCATION FOUNDATION ADVISORY COMMITTEE.
‘(a) Establishment-CommentsClose CommentsPermalink
‘(1) IN GENERAL- There may be established a Vietnam Education Foundation Advisory Committee (referred to in this section as the ‘Advisory Committee’), which shall provide advice to the Secretary and the Assistant Secretary for Educational and Cultural Affairs regarding the Foundation’s activities.CommentsClose CommentsPermalink
‘(2) MEMBERSHIP- The Advisory Committee shall be composed of seven members, of whom--CommentsClose CommentsPermalink
‘(A) three shall be appointed by the Secretary;CommentsClose CommentsPermalink
‘(B) one shall be appointed by the majority leader of the Senate;CommentsClose CommentsPermalink
‘(C) one shall be appointed by the minority leader of the Senate;CommentsClose CommentsPermalink
‘(D) one shall be appointed by the Speaker of the House of Representatives; andCommentsClose CommentsPermalink
‘(E) one shall be appointed by the minority leader of the House of Representatives.CommentsClose CommentsPermalink
‘(3) APPOINTMENT OF INCUMBENT MEMBERS OF BOARD OF DIRECTORS- Members appointed to the Advisory Committee under paragraph (2) may include individuals who were members of the Board of Directors of the Foundation on the date immediately preceding the date of the enactment of this section.CommentsClose CommentsPermalink
‘(b) Supervision- The Foundation shall be subject to the supervision and direction of the Secretary, working through the Assistant Secretary for Educational and Cultural Affairs, and in consultation with the Advisory Committee established under subsection (a).’.CommentsClose CommentsPermalink
(d) Use of Funds- Paragraph (2) of subsection (c) of section 207 of such Act is amended to read as follows:CommentsClose CommentsPermalink
‘(2) USE OF FUNDS- All or part of the amounts allotted for the Foundation under paragraph (1) may be transferred to the Foundation or to the appropriate Department of State appropriation for the purpose of carrying out or supporting the Foundation’s activities.’.CommentsClose CommentsPermalink
(e) Appointment of Executive Director- Subsection (a) of section 208 of such Act is amended--CommentsClose CommentsPermalink
(1) in the first sentence by striking ‘shall be appointed’ and inserting ‘may be appointed’; andCommentsClose CommentsPermalink
(2) by striking the last sentence.CommentsClose CommentsPermalink
(f) Service of Executive Director to Advisory Committee- Such subsection is further amended, in the second sentence, by striking ‘Foundation and shall carry out’ and inserting ‘Foundation, serve the Advisory Committee, and carry out’.CommentsClose CommentsPermalink
(g) Fellowship Program- Section 206(a)(1)(A) of such Act is amended by striking ‘technology, and computer sciences’ and inserting ‘academic computer science, public policy, and academic and public management’.CommentsClose CommentsPermalink
(h) Conforming Amendments- Such Act is amended--CommentsClose CommentsPermalink
(1) in section 203--CommentsClose CommentsPermalink
(A) by striking paragraph (1);CommentsClose CommentsPermalink
(B) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively; andCommentsClose CommentsPermalink
(C) by inserting after paragraph (2), as redesignated, the following:CommentsClose CommentsPermalink
‘(3) SECRETARY- The term ‘Secretary’ means the Secretary of State.’;CommentsClose CommentsPermalink
(2) in section 208--CommentsClose CommentsPermalink
(A) in subsection (a)--CommentsClose CommentsPermalink
(i) in the subsection heading, by striking ‘Board’ and inserting ‘Secretary’; andCommentsClose CommentsPermalink
(ii) by striking ‘Board’ each place it appears and inserting ‘Secretary’; andCommentsClose CommentsPermalink
(B) in subsection (d), by striking ‘Board’ and inserting ‘Secretary’; andCommentsClose CommentsPermalink
(3) in section 209(b), by striking ‘Board’ and inserting ‘Secretary’.CommentsClose CommentsPermalink
(i) Mutual Educational and Cultural Exchange Act of 1961- Section 112(a) of the Mutual Educational and Cultural Exchange Act of 1961 (
) is amended--CommentsClose CommentsPermalink 22 U.S.C. 2460(a)
(1) in paragraph (8), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (9), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(10) programs administered by the Vietnam Education Foundation.’.CommentsClose CommentsPermalink
(j) Transfer of Functions- All functions and assets of the Vietnam Education Foundation are transferred to the Bureau of Educational and Cultural Affairs of the Department of State. The Assistant Secretary for Educational and Cultural Affairs may hire personnel who were employed by the Vietnam Education Foundation on the date before the date of the enactment of this Act, and such other personnel as may be necessary to support the Foundation, in accordance with part III of title 5, United States Code.CommentsClose CommentsPermalink
(k) Support for Institutional Development in Vietnam-CommentsClose CommentsPermalink
(1) GRANTS AUTHORIZED- The Secretary of State, acting through the Assistant Secretary for Educational and Cultural Affairs, is authorized to award 1 or more grants to institutions of higher education (as defined in section 101(a) of the Higher Education Act of 1965 (
)), which shall be used to implement graduate-level academic and public policy management leadership programs in Vietnam. Such programs shall--CommentsClose CommentsPermalink 20 U.S.C. 1001(a)
(A) support Vietnam’s equitable and sustainable socioeconomic development;CommentsClose CommentsPermalink
(B) feature both teaching and research components;CommentsClose CommentsPermalink
(C) promote the development of institutional capacity in Vietnam;CommentsClose CommentsPermalink
(D) operate according to core principles of good governance; andCommentsClose CommentsPermalink
(E) enjoy autonomy from the Vietnamese government.CommentsClose CommentsPermalink
(2) APPLICATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Each institution of higher education desiring the grant under this section shall submit an application to the Secretary of State at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.CommentsClose CommentsPermalink
(B) COMPETITIVE BASIS- Each grant authorized under subsection (a) shall be awarded on a competitive basis.CommentsClose CommentsPermalink
(3) SOURCE OF GRANT FUNDS- The Secretary of State may use funds made available to the Vietnam Education Foundation under section 207(c) of the Vietnam Education Foundation Act of 2000 (
note) for the grant awarded under this section.CommentsClose CommentsPermalink 22 U.S.C. 2452 (l) Effective Date- This section and the amendments made by this section shall take effect on the date that is 90 days after the date of the enactment of this section.CommentsClose CommentsPermalink
SEC. 227. EXCHANGES BETWEEN AFGHANISTAN AND THE UNITED STATES FOR WOMEN LEGISLATORS.
(a) Purpose- It is the purpose of this section to provide financial assistance to--CommentsClose CommentsPermalink
(1) establish an exchange program for Afghan women legislators of the National Assembly of Afghanistan;CommentsClose CommentsPermalink
(2) expand Afghan women participation in international exchange programs of the Department of State; andCommentsClose CommentsPermalink
(3) promote the advancement of women in the field of politics, with the aim of encouraging more women to participate in civil society, reducing violence against women, and increasing educational opportunities for women and children.CommentsClose CommentsPermalink
(b) Program- The Secretary of State shall establish an exchange program in cooperation with the women members of parliament in Afghanistan to enable Afghan women legislators to encourage more women to participate in, and continue to be active in, politics and the democratic process in Afghanistan.CommentsClose CommentsPermalink
Subtitle C--Consular Services and Related MattersCommentsClose CommentsPermalink
Subtitle C--Consular Services and Related MattersCommentsClose CommentsPermalink
SEC. 231. PERMANENT AUTHORITY TO ASSESS PASSPORT SURCHARGE.
Section 1 of the Passport Act of June 4, 1920 (
(1) striking subsection (b)(2); andCommentsClose CommentsPermalink
(2) redesignating subsection (b)(3) as subsection (b)(2).CommentsClose CommentsPermalink
SEC. 232. SENSE OF CONGRESS REGARDING ADDITIONAL CONSULAR SERVICES IN MOLDOVA.
It is the sense of Congress that in light of serious problems with human trafficking as well as the exceptionally high volume of applications by citizens of Moldova to the United States Summer Work Travel program, the Secretary of State should make every effort to enhance consular services at the United States embassy in Chisinau, Moldova, including considering assigning an additional consular officer to such post, and providing enhanced anti-trafficking training, especially related to student exchange visas and other vulnerable categories of visa applicants.CommentsClose CommentsPermalink
SEC. 233. REFORMING REFUGEE PROCESSING.
(a) Worldwide Processing Priority System-CommentsClose CommentsPermalink
(1) EMBASSY REFERRALS- The Secretary of State shall expand training of United States embassy and consular personnel to ensure that appropriate United States embassies and consulates are equipped and enabled to refer to the United States refugee admissions program aliens in urgent need of resettlement.CommentsClose CommentsPermalink
(2) NGO REFERRALS- The Secretary shall expand training of, and communication with, nongovernmental organizations that provide assistance to displaced and persecuted persons to enable such organizations to refer to the United States refugee admissions program aliens in urgent need of resettlement.CommentsClose CommentsPermalink
(b) Reform of the Refugee Consultation Process- Section 207 of the Immigration and Nationality Act (
(1) in subsection (a)(2), by adding at the end the following new sentence: ‘In the event that a fiscal year begins without such determination having been made, there is authorized to be admitted in the first quarter of such fiscal year 25 percent of the number of refugees fixed by the President in the previous fiscal year’s determination, and any refugees admitted under this sentence shall be counted toward the President’s determination when it is made.’; andCommentsClose CommentsPermalink
(2) in subsection (e), in the matter preceding paragraph (1), by striking ‘discussions in person’ and inserting ‘discussions in person, to be commenced not later than June 1 of each year,’.CommentsClose CommentsPermalink
(c) Family Reunification-CommentsClose CommentsPermalink
(1) MULTIPLE FORMS OF RELIEF- Applicants for admission as refugees shall be permitted to simultaneously pursue admission under any other visa categories for which such applicants may be eligible.CommentsClose CommentsPermalink
(2) SEPARATED CHILDREN- In the case of a child under the age of 18 who has been separated from the birth or adoptive parents of such child and who is living under the care of an alien who has been approved for admission to the United States as a refugee, such child shall be, if it is in the best interest of such child to be placed with such alien in the United States, admitted as a refugee provided such child is otherwise admissible as described in section 207(c)(3) of the Immigration and Nationality Act (
(3) CHILDREN OF REFUGEE SPOUSES- For the purposes of sections 207(c)(2)(A) and 208(b)(3) of the Immigration and Nationality Act (
(d) ERMA Account- Section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 (
(e) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated such sums as may be necessary to carry out this section, including the amendments made by this section.CommentsClose CommentsPermalink
(2) RULE OF CONSTRUCTION- Nothing in this section may be construed to reduce funds or services for other refugee assistance or resettlement.CommentsClose CommentsPermalink
(f) Effective Date- This section, and the amendments made by this section, shall take effect on the first day of the first fiscal year that begins after the date of the enactment of this section.CommentsClose CommentsPermalink
SEC. 234. ENGLISH LANGUAGE AND CULTURAL AWARENESS TRAINING FOR APPROVED REFUGEE APPLICANTS.
(a) In General- The Secretary of State shall establish overseas refugee training programs to provide English as a second language, cultural orientation, and work orientation training for refugees, including children, as appropriate, who have been approved for admission to the United States before their departure for the United States.CommentsClose CommentsPermalink
(b) Design and Implementation- In designing and implementing the training programs referred to in subsection (a), the Secretary shall consult with or utilize both--CommentsClose CommentsPermalink
(1) nongovernmental or international organizations with direct ties to the United States refugee resettlement program; andCommentsClose CommentsPermalink
(2) nongovernmental or international organizations with appropriate expertise in developing curriculum and teaching English as a second language.CommentsClose CommentsPermalink
(c) Impact on Processing Times- The Secretary shall ensure that such training programs occur within current processing times and do not unduly delay the departure for the United States of refugees who have been approved for admission to the United States.CommentsClose CommentsPermalink
(d) Timeline for Implementation-CommentsClose CommentsPermalink
(1) INITIAL IMPLEMENTATION- Not later than 1 year after the date of the enactment of this Act, the Secretary shall ensure that such training programs are operating in at least three refugee processing regions.CommentsClose CommentsPermalink
(2) ADDITIONAL IMPLEMENTATION- Not later than 2 years after the date of the enactment of this Act, the Secretary shall notify the appropriate congressional committees that such training programs are operating in five refugee processing regions.CommentsClose CommentsPermalink
(e) GAO Report- Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study on the implementation of this section, including an assessment of the quality of English as a second language curriculum and instruction, the benefits of the orientation and English as a second language training program to refugees, and recommendations on whether such programs should be continued, broadened, or modified, and shall submit to the appropriate congressional committees a report on the findings of such study.CommentsClose CommentsPermalink
(f) Rule of Construction- Nothing in this section shall be construed to require that a refugee participate in such a training program as a precondition for the admission to the United States of such refugee.CommentsClose CommentsPermalink
SEC. 235. IRAQI REFUGEES AND INTERNALLY DISPLACED PERSONS.
(a) In General- The President shall develop and implement policies and strategies to address the protection, resettlement, and assistance needs of Iraqi refugees and internally displaced persons (IDPs), foster long-term solutions for stabilizing the lives of such refugees and IDPs, monitor the development and implementation of assistance strategies to countries in the Middle East that are hosting refugees from Iraq, encourage the Government of Iraq to actively engage the problem of displaced persons and refugees and monitor the Government of Iraq’s resolution of the problem, and ensure that budget requests to Congress are sufficient to meet an appropriate United States contribution to the needs of Iraqi refugees, IDPs within Iraq, and other refugees in Iraq.CommentsClose CommentsPermalink
(b) Interagency Process-CommentsClose CommentsPermalink
(1) IN GENERAL- The President should establish an interagency working group to carry out the goals of subsection (a) by facilitating interagency coordination to develop and implement policies to address the needs of Iraqi refugees and IDPs during this refugee crisis.CommentsClose CommentsPermalink
(2) COMPOSITION- The interagency working group shall consist of appropriate high-ranking officials from the Department of State, the Department of Homeland Security, the Department of Defense, the United States Agency for International Development, and such other agencies as the President may determine.CommentsClose CommentsPermalink
(3) ROLE OF SECRETARY OF STATE- The Secretary of State shall serve as principal liaison with the Government of Iraq, its neighboring refugee hosting countries, and the international community to solicit and direct bilateral and multilateral contributions to address the needs of Iraqi refugees, IDPs, and returned refugees as well as with nongovernmental organizations working for and on behalf of displaced Iraqis.CommentsClose CommentsPermalink
(c) Increase in Refugee Processing Capacity- The Secretary of State should, subject to the availability of appropriations for such purpose, seek to substantially increase the resources available to support the processing of refugee applicants in Iraq.CommentsClose CommentsPermalink
(d) Humanitarian Assistance- The United States should seek to ensure that--CommentsClose CommentsPermalink
(1) other countries make contributions to the United Nations High Commissioner on Refugees (UNHCR) and to other international organizations assisting Iraqi refugees and IDPs;CommentsClose CommentsPermalink
(2) the United States continues to make contributions that are sufficient to fund not less than 50 percent of the amount requested by the UNHCR, the International Committee of the Red Cross, and other appropriate international organizations in each of fiscal years 2010 and 2011; andCommentsClose CommentsPermalink
(3) the Government of Iraq makes significant contributions to UNHCR and to other international organizations assisting Iraqi refugees and IDPs.CommentsClose CommentsPermalink
(e) Statement of Policy Regarding Encouraging Voluntary Returns- It shall be the policy of the United States to encourage Iraqi refugees to return to Iraq only when conditions permit safe, sustainable returns on a voluntary basis with the coordination of the UNHCR and the Government of Iraq.CommentsClose CommentsPermalink
(f) International Cooperation- The Secretary of State shall work with the international community, including governments hosting the refugees, international organizations, nongovernmental organizations, and donors, to develop a long-term, comprehensive international strategy for assistance and solutions for Iraqi refugees and IDPs, and to provide--CommentsClose CommentsPermalink
(1) a comprehensive assessment of the needs of Iraqi refugees and IDPs, and the needs of the populations that host such refugees and IDPs;CommentsClose CommentsPermalink
(2) assistance to international organizations assisting IDPs and vulnerable persons in Iraq and Iraqi refugees in neighboring countries, including through resettlement;CommentsClose CommentsPermalink
(3) assistance to international organizations and other relevant entities, including such organizations and entities providing psychosocial services and cash assistance, and such organizations and entities facilitating voluntary returns of displaced persons;CommentsClose CommentsPermalink
(4) technical assistance to the Government of Iraq to establish better systems for meeting the needs of Iraqi IDPs and refugees, and to other government entities, international organizations, or nongovernmental organizations developing legal frameworks and systems to resolve land and housing claim disputes, including restitution;CommentsClose CommentsPermalink
(5) enhanced residency protections and opportunities for Iraqi refugees to work legally; andCommentsClose CommentsPermalink
(6) increased transparency on behalf of host governments, international organizations, and nongovernmental organizations that receive assistance for Iraqi refugees and IDPs.CommentsClose CommentsPermalink
(g) Enhanced Accounting- To better assess the benefits of United States assistance to Iraqi refugees and IDPs, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development, as appropriate, shall--CommentsClose CommentsPermalink
(1) develop performance measures to fully assess and report progress in achieving United States goals and objectives for Iraqi refugees and IDPs; andCommentsClose CommentsPermalink
(2) track and report funding apportioned, obligated, and expended for Iraqi refugee programs in Jordan, Syria, Lebanon, and the other host countries, to the extent practicable.CommentsClose CommentsPermalink
(h) Report to Congress- Not later than 90 days after the date of the enactment of this Act and annually thereafter through 2011, the President shall transmit to the appropriate congressional committees a report on the implementation of this section. Such report shall include--CommentsClose CommentsPermalink
(1) information concerning assistance and funding to host countries and international organizations and nongovernmental organizations;CommentsClose CommentsPermalink
(2) information concerning measures taken by the United States to increase its capabilities to process Iraqi refugees for resettlement, especially from inside Iraq;CommentsClose CommentsPermalink
(3) an evaluation of the effectiveness of measures implemented by agencies of the Government of Iraq to assist Iraqi refugees, IDPs, and other vulnerable persons and to facilitate the safe and voluntary return of refugees;CommentsClose CommentsPermalink
(4) an accounting of past expenditures and a report on plans for expenditures by the Government of Iraq on Iraqi refugees and IDPs; andCommentsClose CommentsPermalink
(5) information gathered in fulfillment of subsection (g).CommentsClose CommentsPermalink
(i) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 104, there is authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 236. VIDEOCONFERENCE INTERVIEWS.
(a) Pilot Program- The Secretary of State may develop and conduct a 2-year pilot program for the processing of tourist visas using secure remote videoconferencing technology as a method for conducting visa interviews of applicants.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after initiating the pilot program under subsection (a) and again not later than 3 months after the conclusion of the 2-year period referred to in such subsection, the Secretary of State shall submit to the appropriate congressional committees a report on such pilot program. Each such report shall assess the efficacy of using secure remote videoconferencing technology as a method for conducting visa interviews of applicants, including any effect such method may have on an interviewer’s ability to determine an applicant’s credibility and uncover fraud, and shall include recommendations on whether or not the pilot program should be continued, broadened, or modified.CommentsClose CommentsPermalink
SEC. 237. TIBET.
(a) Tibet Negotiations- Section 613(a) of the Tibetan Policy Act of 2002 (
(1) in paragraph (1), by inserting before the period at the end the following: ‘and should coordinate with other governments in multilateral efforts toward this goal’;CommentsClose CommentsPermalink
(2) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink
‘(2) POLICY COORDINATION- The President shall direct the National Security Council to ensure that, in accordance with this Act, United States policy on Tibet is coordinated and communicated with all Executive Branch agencies in contact with the Government of China.’.CommentsClose CommentsPermalink
(b) Bilateral Assistance- Section 616 of the Tibetan Policy Act of 2002 is amended--CommentsClose CommentsPermalink
(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
‘(d) United State Assistance- The President shall provide grants to nongovernmental organizations to support sustainable economic development, cultural and historical preservation, health care, education, and environmental sustainability projects for Tibetan communities in the Tibet Autonomous Region and in other Tibetan communities in China, in accordance with the principles specified in subsection (e) and subject to the review and approval of the Special Coordinator for Tibetan Issues under section 621(d).’.CommentsClose CommentsPermalink
(c) Special Coordinator for Tibetan Issues- Section 621 of the Tibetan Policy Act of 2002 is amended--CommentsClose CommentsPermalink
(1) in subsection (d)--CommentsClose CommentsPermalink
(A) in paragraph (5), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (6) as paragraph (7); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink
‘(6) review and approve all projects carried out pursuant to section 616(d); and’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(e) Personnel- The Secretary shall assign dedicated personnel to the Office of the Special Coordinator for Tibetan Issues sufficient to assist in the management of the responsibilities of this section and section 616(d).’.CommentsClose CommentsPermalink
(d) Diplomatic Representation Relating to Tibet-CommentsClose CommentsPermalink
(1) UNITED STATES EMBASSY IN BEIJING-CommentsClose CommentsPermalink
(A) IN GENERAL- The Secretary of State is authorized to establish a Tibet Section within the United States Embassy in Beijing, People’s Republic of China, for the purposes of following political, economic, and social developments inside Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces, until such time as a United States consulate in Tibet is established. Such Tibet Section shall have the primary responsibility for reporting on human rights issues in Tibet and shall work in close cooperation with the Office of the Special Coordinator for Tibetan Issues. The chief of such Tibet Section should be of senior rank.CommentsClose CommentsPermalink
(B) AUTHORIZATION OF APPROPRIATIONS- Of the amounts authorized to be appropriated under section 101, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this paragraph.CommentsClose CommentsPermalink
(2) IN TIBET- Section 618 of the Tibetan Policy Act of 2002 is amended to read as follows:CommentsClose CommentsPermalink
‘SEC. 618. ESTABLISHMENT OF A UNITED STATES CONSULATE IN LHASA, TIBET.
‘The Secretary shall seek to establish a United States consulate in Lhasa, Tibet, to provide services to United States citizens traveling to Tibet and to monitor political, economic, and cultural developments in Tibet, including Tibetan areas of Qinghai, Sichuan, Gansu, and Yunnan provinces.’.CommentsClose CommentsPermalink
(e) Religious Persecution in Tibet- Section 620(b) of the Tibetan Policy Act of 2002 is amended by adding before the period at the end the following: ‘, including the reincarnation system of Tibetan Buddhism’.CommentsClose CommentsPermalink
SEC. 238. PROCESSING OF CERTAIN VISA APPLICATIONS.
(a) Policy- It shall be the policy of the Department of State to process immigrant visa applications of immediate relatives of United States citizens and nonimmigrant k-1 visa applications of fiances of United States citizens within 30 days of the receipt of all necessary documents from the applicant and the Department of Homeland Security. In the case of a visa application where the sponsor of such applicant is a relative other than an immediate relative, it should be the policy of the Department of State to process such an application within 60 days of the receipt of all necessary documents from the applicant and the Department of Homeland Security.CommentsClose CommentsPermalink
(b) Review by Head of Consular Section- For any visa application described in subsection (a), it shall be the policy of the Department of State to require the head of the consular section (or designee) of any United States diplomatic or consular post to review any such application that exceeds the applicable time period specified in such subsection by more than 5 days, and, as appropriate, provide for expedited processing of such application.CommentsClose CommentsPermalink
SEC. 239. REPORT ON SPECIAL IMMIGRANT PROGRAMS FOR CERTAIN NATIONALS OF IRAQ AND AFGHANISTAN.
(a) In General- Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the Congress a report on the programs authorized under the following provisions:CommentsClose CommentsPermalink
(1) Section 1059 of division A of the National Defense Authorization Act for Fiscal Year 2006 (
(2) Section 1244 of division A of the National Defense Authorization Act for Fiscal Year 2008 (
(b) Contents- The report under subsection (a) shall address at least the following:CommentsClose CommentsPermalink
(1) Whether the eligibility requirements with respect to the programs are sufficiently clear, and if not, whether legislation is necessary to clarify those requirements.CommentsClose CommentsPermalink
(2) Whether the programs are being run effectively and expeditiously.CommentsClose CommentsPermalink
(3) Whether processing delays exist with respect to the programs that place applicants’ lives at risk, and if so--CommentsClose CommentsPermalink
(A) what the cause or causes of the delays are; andCommentsClose CommentsPermalink
(B) whether legislation is necessary to eliminate the delays.CommentsClose CommentsPermalink
SEC. 240. STUDY REGARDING USE OF PASSPORTS FOR OVERSEAS VOTING AND CENSUS.
The Secretary of State, in consultation with the Attorney General and the Director of the Census Bureau, shall conduct a feasibility study and submit to Congress a report assessing methods of facilitating voting in United States elections by United States citizens living overseas using passports or other methods, and for using passports or other methods to count United States citizens living overseas in the United States Census.CommentsClose CommentsPermalink
Subtitle D--Strengthening Arms Control and Nonproliferation Activities at the Department of StateCommentsClose CommentsPermalink
Subtitle D--Strengthening Arms Control and Nonproliferation Activities at the Department of StateCommentsClose CommentsPermalink
SEC. 241. FINDINGS AND SENSE OF CONGRESS ON THE NEED TO STRENGTHEN UNITED STATES ARMS CONTROL AND NONPROLIFERATION CAPABILITIES.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) International security relies upon collective security arrangements and alliances, as unilateral actions by one country, no matter how powerful, are insufficient to cope effectively with security threats.CommentsClose CommentsPermalink
(2) In the same manner, collective arrangements, conventions, and alliances devoted to halting the proliferation of weapons of mass destruction, their means of production and delivery, frequently institutionalized within multilateral treaties and conventions, are critical to effective collective global action.CommentsClose CommentsPermalink
(3) In order to safeguard and advance United States national security, the Department of State must have the structural and human resources necessary to lead and participate in all international negotiations, conventions, organizations, arrangements, and implementation fora in the field of nonproliferation and arms control.CommentsClose CommentsPermalink
(4) North Korea and Iran present fundamental challenges to the global nonproliferation regime, challenges that can only be met by active, committed, and long-term multilateral engagement, participation, and leadership by the United States.CommentsClose CommentsPermalink
(5) Further, the United States has outlined an ambitious agenda in arms control and nonproliferation for the coming years, including--CommentsClose CommentsPermalink
(A) the conclusion of a strategic arms reduction treaty with Russia that preserves the benefits of the expiring START I treaty and makes further reductions in the total number of nuclear warheads in both countries, consistent with their national security needs;CommentsClose CommentsPermalink
(B) United States ratification of the Comprehensive Test Ban Treaty (CTBT), considered a foundational treaty by the global nonproliferation community for further advances toward greater stability and the reduction of role of nuclear weapons;CommentsClose CommentsPermalink
(C) the creation of a Fissile Material Cutoff Treaty (FMCT) to reduce the rate of production and ultimately halt the production of militarily-useful fissile material for nuclear weapons;CommentsClose CommentsPermalink
(D) the securing of vulnerable nuclear material worldwide that could be stolen and utilized by terrorist groups and rogue countries for nuclear and radiological weapons;CommentsClose CommentsPermalink
(E) the reinvigoration of the Treaty on the Nonproliferation of Nuclear Weapons (NPT), the cornerstone of the global nuclear nonproliferation regime, especially at the 2010 Review Conference;CommentsClose CommentsPermalink
(F) the expansion and greater development of the Proliferation Security Initiative (PSI) and the Global Initiative to Combat Nuclear Terrorism into durable international institutions;CommentsClose CommentsPermalink
(G) the disruption and prevention of nuclear black markets;CommentsClose CommentsPermalink
(H) the convening of a Global Summit on Nuclear Security;CommentsClose CommentsPermalink
(I) strengthening the infrastructure and technical and financial resources available to the International Atomic Energy Agency (IAEA) and its international nuclear safeguards system; andCommentsClose CommentsPermalink
(J) engaging multiple international conventions and negotiations on restriction on conventional arms of various types.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the Secretary of State should immediately develop a plan to strengthen the capabilities of the Department of State to lead and participate effectively in all international negotiations and implementation fora in the field of nonproliferation and arms control, especially to increase the human, organizational, and financial resources available to the Undersecretary of State for Arms Control and International Security;CommentsClose CommentsPermalink
(2) such plan should--CommentsClose CommentsPermalink
(A) focus especially on the recruitment and professional development of civilian and Foreign Service officers in the areas of arms control and nonproliferation within the Department of State, especially to increase the number of personnel assigned to arms control and nonproliferation and enhance recruitment of technical specialists, as well as provide for the long-term sustainability of personnel and resources; andCommentsClose CommentsPermalink
(B) identify measures to make service in arms control and nonproliferation offices, bureaus, and in foreign postings an attractive path for further promotion within the Foreign Service; andCommentsClose CommentsPermalink
(3) the Secretary of State should regularly keep Congress informed as to the measures taken to strengthen the arms control and nonproliferation capabilities of the Department of State, including what additional legal authority or appropriations are required.CommentsClose CommentsPermalink
SEC. 242. AUTHORIZATION OF ADDITIONAL ARMS CONTROL AND NONPROLIFERATION POSITIONS.
Of the amounts authorized to be appropriated under section 101, $3,000,000 is authorized to be appropriated for an additional 25 positions at the Department of State for arms control and nonproliferation functions over the number of such positions in existence as of the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 243. ADDITIONAL AUTHORITY OF THE SECRETARY OF STATE.
Section 401(d) of the Arms Control and Disarmament Act (
SEC. 244. ADDITIONAL FLEXIBILITY FOR RIGHTSIZING ARMS CONTROL AND NONPROLIFERATION FUNCTIONS.
(a) Repeal- Section 1112 of the Admiral James W. Nance and Meg Donovan Foreign Relations Authorization Act, Fiscal Years 2000 and 2001 (
(b) Clerical Amendment- The table of contents in section 2(b) of such Act is amended by striking the item relating to section 1112.CommentsClose CommentsPermalink
SEC. 245. ARMS CONTROL AND NONPROLIFERATION ROTATION PROGRAM.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State (in this section referred to as the ‘Secretary’), in consultation with the heads of other Federal departments and agencies that are involved in United States arms control and nonproliferation activities, shall establish the Arms Control and Nonproliferation Rotation Program (in this section referred to as the ‘Rotation Program’) for employees of the Department of State (in this section referred to as the ‘Department’) and such other Federal departments and agencies. The Rotation Program shall use applicable best practices, including those prescribed by the Chief Human Capital Officers Council. Employees of the Department and any other Federal department or agency participating in the Rotation Program may be detailed among the Department or such department or agency on a non-reimbursable basis.CommentsClose CommentsPermalink
(2) GOALS- The Rotation Program shall--CommentsClose CommentsPermalink
(A) be established in accordance with the human capital strategic plan of the Department;CommentsClose CommentsPermalink
(B) provide midlevel Foreign Service officers and employees of the Department, and employees of other Federal departments and agencies concerned with arms control and nonproliferation responsibilities the opportunity to broaden their knowledge through exposure to other areas of the Department and such other Federal departments and agencies;CommentsClose CommentsPermalink
(C) expand the knowledge base of the Department by providing for rotational assignments of employees to such other Federal departments and agencies;CommentsClose CommentsPermalink
(D) build professional relationships and contacts among the employees in such other Federal departments and agencies;CommentsClose CommentsPermalink
(E) invigorate the Department’s arms control and nonproliferation workforce with professionally rewarding opportunities; andCommentsClose CommentsPermalink
(F) incorporate human capital strategic plans and activities of the Department, and address critical human capital deficiencies, professional development, recruitment and retention efforts, and succession planning within the Federal workforce of the Department.CommentsClose CommentsPermalink
(3) RESPONSIBILITIES- The Secretary shall--CommentsClose CommentsPermalink
(A) provide oversight of the establishment and implementation of the Rotation Program;CommentsClose CommentsPermalink
(B) establish a framework that supports the goals of the Rotation Program and promotes cross disciplinary rotational opportunities;CommentsClose CommentsPermalink
(C) establish eligibility for employees of other Federal departments and agencies concerned with national security responsibilities to participate in the Rotation Program and select participants from such employees who apply;CommentsClose CommentsPermalink
(D) establish incentives for such employees to participate in the Rotation Program, including promotions and employment preferences;CommentsClose CommentsPermalink
(E) ensure that the Rotation Program provides professional education and training;CommentsClose CommentsPermalink
(F) ensure that the Rotation Program develops qualified employees and future leaders with broad based experience throughout the Department; andCommentsClose CommentsPermalink
(G) provide for greater interaction among employees in such Federal departments and agencies, including the Agency.CommentsClose CommentsPermalink
(4) ALLOWANCES, PRIVILEGES, AND BENEFITS- All allowances, privileges, rights, seniority, and other benefits of employees participating in the Rotation Program shall be preserved.CommentsClose CommentsPermalink
(5) REPORTING- Not later than 1 year after the date of the establishment of the Rotation Program, the Secretary shall submit 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 the status of the Rotation Program, including a description of the Rotation Program, the number of individuals participating, and how the Rotation Program is used in succession planning and leadership development.CommentsClose CommentsPermalink
SEC. 246. ARMS CONTROL AND NONPROLIFERATION SCHOLARSHIP PROGRAM.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State (in this section referred to as the ‘Secretary’) shall establish a scholarship program (to be known as the ‘Arms Control and Nonproliferation Scholarship Program’) to award scholarships for the purpose of recruiting and preparing students for civilian careers in the fields of nonproliferation, arms control, and international security to meet the critical needs of the Department of State (in this section referred to as the ‘Department’).CommentsClose CommentsPermalink
(2) SELECTION OF RECIPIENTS-CommentsClose CommentsPermalink
(A) MERIT AND AGENCY NEEDS- Individuals shall be selected to receive scholarships under this section through a competitive process primarily on the basis of academic merit and the arms control and nonproliferation needs of the Department.CommentsClose CommentsPermalink
(B) DEMONSTRATED COMMITMENT- Individuals selected under this section shall have a demonstrated interest in public service and a commitment to the field of study for which the scholarship is awarded.CommentsClose CommentsPermalink
(3) CONTRACTUAL AGREEMENTS- In order to carry out the scholarship program, the Secretary shall enter into contractual agreements with individuals selected under paragraph (2) pursuant to which such individuals agree to serve as full-time employees of the Department, for a period to be determined by the Secretary, not to exceed 6 years, in arms control and nonproliferation positions needed by the Department and for which the individuals are qualified, in exchange for receiving a scholarship.CommentsClose CommentsPermalink
(b) Eligibility- Except as provided in subjection (f), in order to be eligible to participate in the scholarship program, an individual shall be enrolled or accepted for enrollment as a full-time student at an institution of higher education and be pursuing or intend to pursue undergraduate or graduate education in an academic field or discipline specified in the list made available under subsection (d) and be a United States citizen.CommentsClose CommentsPermalink
(c) Application- An individual seeking a scholarship under this section shall submit to the Secretary an application at such time, in such manner, and containing such information, agreements, or assurances as the Secretary may require.CommentsClose CommentsPermalink
(d) Programs and Fields of Study- The Secretary shall make publicly available a list of academic programs and fields of study for which scholarships under this section may be awarded.CommentsClose CommentsPermalink
(e) Scholarships-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary may award a scholarship under this section for an academic year if the individual applying for the scholarship has submitted to the Secretary, as part of the application required under subsection (c), a proposed academic program leading to a degree in a program or field of study specified on the list made available under subsection (d).CommentsClose CommentsPermalink
(2) LIMITATION ON YEARS- An individual may not receive a scholarship under this section for more than four academic years, unless the Secretary grants a waiver.CommentsClose CommentsPermalink
(3) STUDENT RESPONSIBILITIES- Scholarship recipients shall maintain satisfactory academic progress.CommentsClose CommentsPermalink
(4) AMOUNT- The dollar amount of a scholarship awarded under this section for an academic year shall be determined under regulations issued by the Secretary, but shall in no case exceed the cost of tuition, fees, and other authorized expenses as determined by the Secretary.CommentsClose CommentsPermalink
(5) USE OF SCHOLARSHIPS- A scholarship awarded under this section may be expended for tuition, fees, and other authorized expenses as established by the Secretary by regulation.CommentsClose CommentsPermalink
(6) PAYMENT TO INSTITUTION OF HIGHER EDUCATION- The Secretary may enter into a contractual agreement with an institution of higher education under which the amounts provided for a scholarship under this section for tuition, fees, and other authorized expenses are paid directly to the institution with respect to which such scholarship is awarded.CommentsClose CommentsPermalink
(f) Special Consideration for Current Employees- Notwithstanding subsection (b), up to 5 percent of the scholarships awarded under this section may be set aside for individuals who are Federal employees on the date of the enactment of this Act to enhance the education of such employees in areas of critical arms control or nonproliferation needs of the Department, for undergraduate or graduate education under the scholarship on a full-time or part-time basis.CommentsClose CommentsPermalink
(g) Repayment-CommentsClose CommentsPermalink
(1) IN GENERAL- A scholarship recipient who fails to maintain a high level of academic standing, as defined by the Secretary who is dismissed for disciplinary reasons from the educational institution such recipient is attending, or who voluntarily terminates academic training before graduation from the educational program for which the scholarship was awarded shall be in breach of the contractual agreement under subsection (a)(3) and, in lieu of any service obligation arising under such agreement, shall be liable to the United States for repayment within 1 year after the date of such default of all scholarship funds paid to such recipient and to the institution of higher education on the behalf of such recipient under such agreement. The repayment period may be extended by the Secretary if the Secretary determines such to be necessary, as established by regulation.CommentsClose CommentsPermalink
(2) LIABILITY- A scholarship recipient who, for any reason, fails to begin or complete the service obligation under the contractual agreement under subsection (a)(3) after completion of academic training, or fails to comply with the terms and conditions of deferment established by the Secretary under paragraph (1), shall be in breach of such contractual agreement and shall be liable to the United States for an amount equal to--CommentsClose CommentsPermalink
(A) the total amount of the scholarship received by such recipient under this section; andCommentsClose CommentsPermalink
(B) the interest on such amounts which would be payable if at the time the scholarship was received such scholarship was a loan bearing interest at the maximum legally prevailing rate.CommentsClose CommentsPermalink
(h) Regulations- The Secretary shall prescribe regulations necessary to carry out this section.CommentsClose CommentsPermalink
(i) Institution of Higher Education Defined- In this section, the term ‘institution of higher education’ has the meaning given such term under section 101 of the Higher Education Act of 1965 (
(j) Authorization of Appropriations- Of the amounts authorized to be appropriated under section 101, such sums as may be necessary are authorized to be appropriated to carry out this section.CommentsClose CommentsPermalink
SEC. 247. SCIENTIFIC ADVISORY COMMITTEE.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- The President may establish a Scientific Advisory Committee (in this section referred to as the ‘Committee’) of not to exceed ten members, not fewer than eight of whom shall be scientists.CommentsClose CommentsPermalink
(2) APPOINTMENT- If the Committee is established in accordance with paragraph (1), the members of the Committee shall be appointed by the President, as follows:CommentsClose CommentsPermalink
(A) One member, who shall be a person of special scientific distinction, shall be appointed by the President, by and with the advice and consent of the Senate, as Chairman of the Committee.CommentsClose CommentsPermalink
(B) Nine other members shall be appointed by the President.CommentsClose CommentsPermalink
(3) MEETINGS- If the Committee is established in accordance with paragraph (1), the Committee shall meet not less often than twice per year.CommentsClose CommentsPermalink
(b) Function- If the Committee is established in accordance with subsection (a)(1), the Committee shall advise the President, the Secretary of State, and the Undersecretary for Arms Control and International Security regarding scientific, technical, and policy matters affecting arms control and nonproliferation.CommentsClose CommentsPermalink
(c) Reimbursement of Expenses- If the Committee is established in accordance with subsection (a)(1), the members of the Committee may receive reimbursement of expenses only in accordance with the provisions applicable to the reimbursement of experts and consultants under section 401(d) of the Arms Control and Disarmament Act (
(d) Scientist Defined- In this section, the term ‘scientist’ means an individual who has a demonstrated knowledge and technical expertise with respect to arms control, nonproliferation, and disarmament matters and who has distinguished himself or herself in any of the fields of physics, chemistry, mathematics, biology, or engineering, including weapons engineering.CommentsClose CommentsPermalink
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIESCommentsClose CommentsPermalink
TITLE III--ORGANIZATION AND PERSONNEL AUTHORITIESCommentsClose CommentsPermalink
Subtitle A--Towards Modernizing the Department of StateCommentsClose CommentsPermalink
Subtitle A--Towards Modernizing the Department of StateCommentsClose CommentsPermalink
SEC. 301. TOWARDS A MORE MODERN AND EXPEDITIONARY FOREIGN SERVICE.
(a) Targeted Expansion of Foreign Service- The Secretary of State shall expand the Foreign Service to--CommentsClose CommentsPermalink
(1) fill vacancies, particularly those vacancies overseas that are critical to key United States foreign policy and national security interests, and, in particular, to prevent crises before they emerge;CommentsClose CommentsPermalink
(2) increase the capacity of the Department of State to assign and deploy Foreign Service officers and other personnel to prevent, mitigate, and respond to international crises and instability in foreign countries that threaten key United States foreign policy and national security interests; andCommentsClose CommentsPermalink
(3) ensure that before being assigned to assignments requiring new or improved skills, members of the Foreign Service, other than foreign national employees and consular agents (as such terms are defined in section 103 of the Foreign Service Act of 1980 (
(b) Authorized Increases-CommentsClose CommentsPermalink
(1) AT THE DEPARTMENT OF STATE- The Secretary of State is authorized to hire an additional 750 members of the Foreign Service (above attrition) in fiscal year 2010 over the number of such members employed as of September 30, 2009, and an additional 750 members of the Foreign Service (above attrition) in fiscal year 2011 over the number of such members employed as of September 30, 2010.CommentsClose CommentsPermalink
(2) AT USAID- The Administrator of the United States Agency for International Development is authorized to hire an additional 350 members of the Foreign Service (above attrition) in fiscal year 2010 over the number of such members employed as of September 30, 2009, and an additional 350 members of the Foreign Service (above attrition) in fiscal year 2011 over the number of such members employed as of September 30, 2010.CommentsClose CommentsPermalink
(3) RULE OF CONSTRUCTION- Nothing in this subsection shall be construed as limiting the authority of the Secretary of State or the Administrator of the United States Agency for International Development to hire personnel.CommentsClose CommentsPermalink
(c) Expansion of Functions of the Foreign Service- Section 104 of the Foreign Service Act of 1980 (
(1) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; andCommentsClose CommentsPermalink
(2) by inserting after paragraph (1) the following new paragraph:CommentsClose CommentsPermalink
‘(2) work actively to prevent, mitigate, and respond in a timely manner to international crises and instability in foreign countries that threaten the key United States foreign policy and national security interests;’.CommentsClose CommentsPermalink
(d) Worldwide Availability- Section 301(b) of the Foreign Service Act of 1980 (
(1) by inserting ‘(1)’ before ‘The Secretary’; andCommentsClose CommentsPermalink
(2) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(2)(A) Except as provided in subparagraphs (B) and (C), at the time of entry into the Service, each member of the Service shall be available to be assigned worldwide.CommentsClose CommentsPermalink
‘(B) With respect to the medical eligibility of any applicant for appointment as a Foreign Service officer candidate, the Secretary of State shall determine such availability through appropriate medical examinations. If based on such examinations the Secretary determines that such applicant is ineligible to be assigned worldwide, the Secretary may waive the worldwide availability requirement under subparagraph (A) if the Secretary determines that such waiver is required to fulfill a compelling Service need. The Secretary shall establish an internal administrative review process for medical ineligibility determinations.CommentsClose CommentsPermalink
‘(C) The Secretary may also waive or reduce the worldwide availability requirement under subparagraph (A) if the Secretary determines, in the Secretary’s discretion, that such waiver or reduction is warranted.’.CommentsClose CommentsPermalink
(e) Recruiting Candidates Who Have Experience in Unstable Situations- Section 301 of the Foreign Service Act of 1980 (
‘(f) Experience in Unstable Situations- The fact that an applicant for appointment as a Foreign Service officer candidate has the experience of working in situations where public order has been undermined by instability, or where there is no civil authority that can effectively provide public safety, may be considered an affirmative factor in making such appointments.’.CommentsClose CommentsPermalink
(f) Training- Section 708 of the Foreign Service Act of 1980 (
‘(c) The Secretary of State shall ensure that members of the Service, other than foreign national employees and consular agents, as appropriate, receive training on methods for conflict mitigation and resolution and on the necessary skills to be able to function successfully where public order has been undermined by instability or where there is no civil authority that can effectively provide public safety.CommentsClose CommentsPermalink
‘(d) The Secretary of State shall ensure that members of the Service, other than foreign national employees and consular agents, as appropriate, have opportunities during their careers to obtain advanced education and training in academic and other relevant institutions in the United States and abroad to increase the capacity of the Service to fulfill its mission.’.CommentsClose CommentsPermalink
SEC. 302. QUADRENNIAL REVIEW OF DIPLOMACY AND DEVELOPMENT.
(a) Development of National Strategy on Diplomacy and Development-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than December 1, 2010, the President shall develop and transmit to the appropriate congressional committees a national strategy on United States diplomacy and development. The strategy shall include the following:CommentsClose CommentsPermalink
(A) An identification of key objectives and missions for United States foreign policy and foreign assistance policies and programs, including a clear statement on United States objectives for development assistance.CommentsClose CommentsPermalink
(B) A description of the roles of civilian agencies and mechanisms for implementing such strategy, including interagency coordination.CommentsClose CommentsPermalink
(C) The requirements for overseas infrastructure necessary to carry out such strategy.CommentsClose CommentsPermalink
(D) Plans to adapt such agencies and mechanisms to changing circumstances and the role of international institutions in such strategy.CommentsClose CommentsPermalink
(E) Budget requirements to carry out such strategy.CommentsClose CommentsPermalink
(F) Other elements of United States foreign policy and foreign assistance policies and programs with a view toward determining and expressing the strategy of the United States and establishing a diplomacy and development program for the next 10 years.CommentsClose CommentsPermalink
(2) RELATIONSHIP TO NATIONAL SECURITY STRATEGY- The strategy described in paragraph (1) shall be consistent with any National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (
(b) Review Required-CommentsClose CommentsPermalink
(1) IN GENERAL- Beginning in 2013, the President shall every 4 years, during a year following a year evenly divisible by four, conduct a comprehensive examination (to be known as a ‘Quadrennial Review of Diplomacy and Development’) of the national strategy for United States diplomacy and development described in subsection (a).CommentsClose CommentsPermalink
(2) KEY ELEMENTS OF REVIEW- The review described in paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) A review of all elements of the strategy described in subsection (a), consistent with the most recent National Security Strategy prescribed by the President pursuant to section 108 of the National Security Act of 1947 (
(B) A review of the roles and responsibilities of Federal departments and agencies in carrying out the strategy described in subsection (a) and the mechanisms for cooperation between such departments and agencies, including the coordination of such departments and agencies and the relationship between the principal offices of such departments and agencies and offices defining sufficient capacity, resources, overseas infrastructure, budget plan, and other elements of United States diplomacy and development of the United States that would be required to have a high level of confidence that the United States can successfully execute the full range of missions called for in such strategy.CommentsClose CommentsPermalink
(C) Identifying the budget plan that would be required to provide sufficient resources to execute successfully the full range of missions called for in the strategy described in subsection (a) at a high level of success and any additional resources required to achieve such a level of success.CommentsClose CommentsPermalink
(D) Making recommendations that are not constrained to comply with the budget submitted to Congress by the President pursuant to
(3) INTERAGENCY COORDINATION AND CONSULTATION-CommentsClose CommentsPermalink
(A) IN GENERAL- Each Quadrennial Review of Diplomacy and Development shall take into account the views of the Secretary of State, the Administrator of the United States Agency for International Development, the Secretary of Defense, the Secretary of the Treasury, the United States Trade Representative, and the head of any other relevant agency.CommentsClose CommentsPermalink
(B) DELEGATION- If the President delegates the requirements of this section, the head of the Federal department or agency to whom such delegation is made shall consult with each official specified in subparagraph (A).CommentsClose CommentsPermalink
(c) Consultation With Outside Stakeholders- In developing the strategy required under subsection (a) and conducting the review required under subsection (b), the President shall consult with private businesses, non-governmental organizations involved in diplomacy and development, and experts at academic institutions or institutions involved in the study of foreign policy or development matters.CommentsClose CommentsPermalink
(d) QRDD and Congressional Committees-CommentsClose CommentsPermalink
(1) CONSULTATION- In developing the strategy required under subsection (a) and conducting the review required under subsection (b), the President shall consult with the appropriate congressional committees.CommentsClose CommentsPermalink
(2) REPORT- The President shall transmit to the appropriate congressional committees a report on each Quadrennial Review of Diplomacy and Development. The report shall be submitted in the year following the year in which such a Quadrennial Review is conducted, but not later than the date on which the President submits the budget for the next fiscal year to Congress under
(A) The results of such a Quadrennial Review, including a comprehensive discussion of the national strategy for United States foreign policy and foreign assistance policies and programs, the roles and responsibilities of and strategic guidance for civilian agencies and mechanisms in implementing such strategy, the requirements for overseas infrastructure necessary to carry out such strategy, plans to adapt such agencies and mechanisms to changing circumstances, and the role of international institutions in such strategy.CommentsClose CommentsPermalink
(B) The assumed or defined objectives and missions that inform the national strategy for United States foreign policy and foreign assistance policies and programs.CommentsClose CommentsPermalink
(C) The threats to the assumed or defined objectives and missions of the United States that were examined for the purposes of such a Quadrennial Review.CommentsClose CommentsPermalink
(D) The assumptions used in such a Quadrennial Review, including assumptions relating to--CommentsClose CommentsPermalink
(i) the capacity of United States diplomatic and development personnel to respond to such threats;CommentsClose CommentsPermalink
(ii) the cooperation and capacity of allies, other friendly countries, and international institutions in addressing such threats;CommentsClose CommentsPermalink
(iii) levels of engagement in operations other than war and smaller-scale contingencies and withdrawal from such operations and contingencies; andCommentsClose CommentsPermalink
(iv) the intensity, duration, and military and political end-states of conflicts and smaller-scale contingencies that arise in the diplomatic and development context.CommentsClose CommentsPermalink
(E) The anticipated roles and missions of the reserve components available to civilian agencies, including capabilities and resources necessary to assure that such reserve components can capably discharge such roles and missions.CommentsClose CommentsPermalink
(F) The extent to which diplomatic and development personnel need to be shifted to different regions to carry out the national strategy under subsection (a).CommentsClose CommentsPermalink
(G) Any other matter the Secretary considers appropriate.CommentsClose CommentsPermalink
(e) Independent Panel Assessment-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 6 months before the date on which the report on a Quadrennial Review of Diplomacy and Development is to be transmitted under subsection (d), the President shall establish a panel to conduct an assessment of such a Quadrennial Review.CommentsClose CommentsPermalink
(2) REPORT ON ASSESSMENT- Not later than 3 months after the date on which the report on such a Quadrennial Review is transmitted under subsection (d), the panel established under paragraph (1) shall submit to the appropriate congressional committees an assessment of such a Quadrennial Review, including an assessment of the recommendations of such a Quadrennial Review, the stated and implied assumptions incorporated in such a Quadrennial Review, and the vulnerabilities of the strategy underlying such a Quadrennial Review.CommentsClose CommentsPermalink
(f) Exclusion- Any provision in this section relating to budgets or budget plans shall not be construed to require any information on any program that is funded from accounts within budget function 050 (National Defense).CommentsClose CommentsPermalink
SEC. 303. ESTABLISHMENT OF THE LESSONS LEARNED CENTER.
(a) Establishment- The Secretary of State, in consultation with the Administrator of the United States Agency for International Development (USAID), is authorized to establish in the Department of State and under the authority of the Undersecretary for Management a Lessons Learned Center (referred to in this section as the ‘LLC’) which will serve as a central organization for collection, analysis, archiving, and dissemination of observations, best practices, and lessons learned by, from, and to Foreign Service officers and support personnel in the Department of State and USAID.CommentsClose CommentsPermalink
(b) Purpose- The purpose of the LLC is to increase, enhance, and sustain the ability of the Department of State and USAID to effectively carry out their missions by devising a system for the collection, analysis, archiving, and dissemination of lessons learned, improving information sharing and learning capacity, and enabling, encouraging, and rewarding critical, innovative analysis.CommentsClose CommentsPermalink
(c) Report- 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 on the status of efforts to establish the LLC. The report shall include recommendations--CommentsClose CommentsPermalink
(1) concerning the regulation and structure of the LLC, including--CommentsClose CommentsPermalink
(A) how to encourage service in the LLC;CommentsClose CommentsPermalink
(B) how to provide for the necessary academic freedom to provide innovative, critical analysis;CommentsClose CommentsPermalink
(C) how to ensure that the staffing of the LLC is a mix of senior and junior staff of the Foreign Service and civil service in the Department of State and USAID;CommentsClose CommentsPermalink
(D) the anticipated expenditures associated with the establishment of the LLC under subsection (a); andCommentsClose CommentsPermalink
(E) physical structure of the LLC; andCommentsClose CommentsPermalink
(2) for any legislation necessary to establish the LLC.CommentsClose CommentsPermalink
(d) Definitions- In this section:CommentsClose CommentsPermalink
(1) ACADEMIC FREEDOM- The term ‘academic freedom’ means the capability, capacity, and authorization to produce analysis and evaluation without concern for retaliation or other negative impact on the observer’s career.CommentsClose CommentsPermalink
(2) LESSONS LEARNED- The term ‘lessons learned’ means information resulting from evaluation or observation of negotiations, operations, exercises, training events, or other processes and experiences, particularly any corrective measures or innovative techniques, that produced an improved performance or increased capability.CommentsClose CommentsPermalink
SEC. 304. LOCALLY EMPLOYED STAFF COMPENSATION.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) United States diplomatic and consular missions worldwide retain over 51,000 locally employed staff under local compensation plans (LCP’s) in about 170 overseas missions.CommentsClose CommentsPermalink
(2) The locally employed staff is the backbone of diplomatic operations, providing management, programmatic, security, maintenance, custodial, and other services wherever the Department of State has established an overseas post.CommentsClose CommentsPermalink
(3) Foreign Service and other United States officers who rotate in-and-out of such missions every 2 to 3 years are highly dependent on the local employees to bring them up to speed and make sure that the work of any such mission does not falter in transitions during rotations.CommentsClose CommentsPermalink
(4) As the number of positions at such missions designated for United States officers that are not filled continues to increase, locally employed staff are called upon to assume many of the responsibilities that United States staff have carried in the past.CommentsClose CommentsPermalink
(5) Based on a survey conducted by the Office of the Inspector General (OIG) Department of State, the United States is failing to provide a competitive compensation package for locally employed staff that is commensurate with their experience, technical skills, and responsibilities.CommentsClose CommentsPermalink
(6) The Department of State OIG survey data show that the United States Government is providing salary increases that are approximately 60 percent of what is the prevailing practice of the local labor market.CommentsClose CommentsPermalink
(7) The Department of State OIG has found numerous cases in which such missions are losing staff to other employers. The OIG has also found numerous cases where it is difficult to replace employees who left to take other jobs, particularly in countries with low unemployment rates.CommentsClose CommentsPermalink
(b) Policy Review- The Secretary of State shall direct a policy review to assess the adequacy of locally employed staff compensation. In carrying out such policy review the Secretary shall consider the recommendations of the Office of the Inspector General of the Department of State, including the following:CommentsClose CommentsPermalink
(1) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, should hire an outside contractor with international experience to perform an organizational review of the Compensation Management Division of the Office of Overseas Employment to advise on the organization of the compensation management division and on how many analysts are required to handle the compensation management responsibilities, and to recommend training and certifications the analysts should obtain.CommentsClose CommentsPermalink
(2) The Office of Management, Policy, Rightsizing and Innovation, in coordination with the Bureau of Human Resources and the Bureau of Resource Management, should ensure that the working group on locally employed staff compensation reviews the connectivity between the activities of the Office of Overseas Employment and the Office of State Programs, Operations and Budget in the Bureau of Resource Management, and makes and distributes written, documented determinations as to the data used by the two offices to make estimates of locally employed staff compensation adjustments, the timing of these activities, and the responsibility each office has for tracking implementation of locally employed staff compensation adjustments.CommentsClose CommentsPermalink
(3) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, should implement a locally employed staff compensation review process whereby the Office of Overseas Employment in the Bureau of Human Resources reviews and adjust each post’s salary schedule every 5 years based on a recent salary survey. During the intervening years, the Department should authorize cost-of-living (or inflation) adjustments based on reliable inflation data.CommentsClose CommentsPermalink
(4) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, should implement a systematic process of providing comprehensive information to diplomatic and consular missions, Department of State offices, and agency headquarters on periodic salary survey reviews, including comprehensible salary survey analysis, explanations of salary survey changes, and if appropriate, copies of the off-the-shelf surveys for the host country. This approach should be documented and made a part of the periodic process.CommentsClose CommentsPermalink
(5) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, the regional bureaus, and the Bureau of Resource Management, should establish, maintain, and monitor a database that tracks information related to locally employed staff compensation and adjustments, including budgetary resources, salary level ceilings calculated by the Office of Overseas Employment, salary levels requested by post, salary levels implemented, dates for these activities, and calculations of whether the Department is meeting prevailing practice. This database should replace the current practice of communicating salary review information by cable.CommentsClose CommentsPermalink
(6) The Bureau of Human Resources, in coordination with the Office of Management, Policy, Rightsizing and Innovation, should evaluate the possibility of using different pay setting data establishing different pay scales for blue-collar positions and for professional level positions, and should issue and distribute a written report on the findings and the possibility of implementing the findings.CommentsClose CommentsPermalink
(7) The Office of Management, Policy, Rightsizing and Innovation should ensure that the working group on locally employed staff compensation considers the possibility of including members from other United States Government agencies that employ locally employed staff. Whether this recommendation is implemented or not, the Office of Management, Policy, Rightsizing and Innovation should document the decision in writing, and distribute the decision widely in the Department of State and to other agencies that employ locally employed staff.CommentsClose CommentsPermalink
(8) The Office of Management, Policy, Rightsizing and Innovation should ensure that the working group on locally employed staff compensation considers the possibility of centralizing decision making for locally employed staff salary increases, and, whether such is eventually implemented or not, make a determination as to its value, document the decision in writing, and distribute the decision widely in the Department of State.CommentsClose CommentsPermalink
(9) The Bureau of Human Resources, in cooperation with Resource Management International Cooperative Administrative Support Services, should establish a senior level interagency locally employed staff board of governors to set overall locally employed staff policy.CommentsClose CommentsPermalink
(10) The Bureau of Human Resources should send the cable announcing the proposed salary increases for locally employed staff to the attention of both the chief of mission and the management officer.CommentsClose CommentsPermalink
(11) The Bureau of Human Resources should request a list of position titles and grades from all positions with exception rate ranges and details on the exception rate range adjustments in the 2010 Locally Employed Staff Compensation Questionnaire.CommentsClose CommentsPermalink
(c) Report- Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate committees a report on the implementation of this section, including a review of efforts to implement the recommendations of the Office of the Inspector General of the Department of State specified in subsection (b).CommentsClose CommentsPermalink
SEC. 305. INCREASING THE CAPACITY OF THE DEPARTMENT OF STATE TO RESPOND TO CRISES.
Paragraph (5) of section 1603 of the Reconstruction and Stabilization Civilian Management Act of 2008 (title XVI of
‘(5) PERSONNEL DEFINED- The term ‘personnel’ means--CommentsClose CommentsPermalink
‘(A) individuals serving in any service described in
, other than in the legislative or judicial branch;CommentsClose CommentsPermalink section 2101 of title 5, United States Code ‘(B) individuals employed by personal services contract, including those employed pursuant to section 2(c) of the State Department Basic Authorities Act of 1956 (
) and section 636(a)(3) of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2669(c) ); andCommentsClose CommentsPermalink 22 U.S.C. 2396(a)(3) ‘(C) individuals appointed under section 303 of the Foreign Service Act of 1980 (
).’.CommentsClose CommentsPermalink 22 U.S.C. 3943
Subtitle B--Foreign Service Pay Equity and Death GratuityCommentsClose CommentsPermalink
Subtitle B--Foreign Service Pay Equity and Death GratuityCommentsClose CommentsPermalink
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ‘Foreign Service Overseas Pay Equity Act of 2009’.CommentsClose CommentsPermalink
SEC. 312. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
(a) Overseas Comparability Pay Adjustment-CommentsClose CommentsPermalink
(1) IN GENERAL- Chapter 4 of title I of the Foreign Service Act of 1980 (
‘SEC. 415. OVERSEAS COMPARABILITY PAY ADJUSTMENT.
‘(a) In General- A member of the Service who is designated class 1 or below for purposes of section 403 and whose official duty station is neither in the continental United States nor in a non-foreign area shall receive, in accordance with the phase-in schedule set forth in subsection (c), a locality-based comparability payment (stated as a percentage) equal to the locality-based comparability payment (stated as a percentage) that would be provided under
, if such member’s official duty station were in the District of Columbia.CommentsClose CommentsPermalink section 5304 of title 5, United States Code ‘(b) Treatment as Basic Pay- The amount of any locality-based comparability payment which is payable to a member of the Service by virtue of this section--CommentsClose CommentsPermalink
‘(1) shall be considered to be part of the basic pay of such member--CommentsClose CommentsPermalink
‘(A) for the same purposes as provided for under
; andCommentsClose CommentsPermalink section 5304(c)(2)(A) of title 5, United States Code ‘(B) for purposes of chapter 8; andCommentsClose CommentsPermalink
‘(2) shall be subject to any limitations on pay applicable to locality-based comparability payments under
.CommentsClose CommentsPermalink section 5304 of title 5, United States Code ‘(c) Phase-In- The locality-based comparability payment payable to a member of the Service under this section shall--CommentsClose CommentsPermalink
‘(1) beginning on the first day of the first pay period that is 90 days after the date of the enactment of this subsection, be up to 33.33 percent of the payment which would otherwise apply under subsection (a);CommentsClose CommentsPermalink
‘(2) beginning on the first day of the first pay period in April 2010, be up to 66.67 percent of the payment which would otherwise apply under subsection (a); andCommentsClose CommentsPermalink
‘(3) beginning on the first day of the first pay period in fiscal year 2011 and each subsequent fiscal year, be equal to the payment determined under subsection (a).CommentsClose CommentsPermalink
‘(d) Non-Fforeign Area Defined- For purposes of this section, the term ‘non-foreign area’ has the same meaning as is given such term in regulations carrying out
.’.CommentsClose CommentsPermalink section 5941 of title 5, United States Code
(2) CONFORMING AMENDMENT- The table of contents set forth in section 2 of such Act is amended by inserting after the item relating to section 414 the following:CommentsClose CommentsPermalink
‘Sec. 415. Overseas comparability pay adjustment.’.CommentsClose CommentsPermalink
(b) Conforming Amendments Relating to the Foreign Service Retirement Systems-CommentsClose CommentsPermalink
(1) CONTRIBUTIONS TO THE FUND- Effective as of the first pay period beginning on or after October 1, 2010, section 805(a) of the Foreign Service Act of 1980 (
) is amended--CommentsClose CommentsPermalink 22 U.S.C. 4045(a)
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) in the first sentence, by striking ‘7.25 percent’ and inserting ‘7 percent’; andCommentsClose CommentsPermalink
(ii) in the second sentence, by striking ‘The contribution by the employing agency’ through ‘and shall be made’ and inserting ‘An equal amount shall be contributed by the employing agency’;CommentsClose CommentsPermalink
(B) in paragraph (2)--CommentsClose CommentsPermalink
(i) in subparagraph (A), by striking ‘, plus an amount equal to .25 percent of basic pay’; andCommentsClose CommentsPermalink
(ii) in subparagraph (B), by striking ‘, plus an amount equal to .25 percent of basic pay’; andCommentsClose CommentsPermalink
(C) in paragraph (3), by striking all that follows ‘Code’ and inserting a period.CommentsClose CommentsPermalink
(2) COMPUTATION OF ANNUITIES- Section 806(a)(9) of such Act (
) is amended by striking ‘is outside the continental United States shall’ and inserting ‘was outside the continental United States during the period beginning on December 29, 2002, and ending on the day before the first day of the first pay period beginning on or after October 1, 2011 (or during any portion thereof), shall, to the extent that such computation is based on the basic salary or basic pay of such member for such period (or portion thereof),’.CommentsClose CommentsPermalink 22 U.S.C. 4046(a)(9) (3) ENTITLEMENT TO ANNUITY- Section 855(a)(3) of such Act (
) is amended--CommentsClose CommentsPermalink 22 U.S.C. 4071d(a)(3)
(A) by striking ‘section 8414’ and inserting ‘section 8415’; andCommentsClose CommentsPermalink
(B) by striking ‘is outside the continental United States shall’ and inserting ‘was outside the continental United States during the period beginning on December 29, 2002, and ending on the day before the first day of the first pay period beginning on or after October 1, 2011 (or during any portion thereof), shall, to the extent that such computation is based on the basic salary or basic pay of such member for such period (or portion thereof),’.CommentsClose CommentsPermalink
(4) DEDUCTIONS AND WITHHOLDINGS FROM PAY- Section 856(a)(2) of such Act (
) is amended to read as follows:CommentsClose CommentsPermalink 22 U.S.C. 4071e(a)(2) ‘(2) The applicable percentage under this subsection shall be as follows:CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
‘Percentage Time Period CommentsClose CommentsPermalink
7.5 Before January 1, 1999.CommentsClose CommentsPermalink
7.75 January 1, 1999, to December 31, 1999.CommentsClose CommentsPermalink
7.9 January 1, 2000, to December 31, 2000.CommentsClose CommentsPermalink
7.55 January 11, 2003, to the day before the first day of the first pay period beginning on or after October 1, 2011.CommentsClose CommentsPermalink
7.5 Beginning on the first day of the first pay period beginning on or after October 1, 2011.’.CommentsClose CommentsPermalink
-------------------------------------------------------------------------------- CommentsClose CommentsPermalink
(c) Reporting Requirements- Not later than October 1, 2010, the Secretary of State shall submit to the appropriate congressional committees an assessment of all allowances provided to members of the Foreign Service under the Foreign Service Act of 1980 or under title 5, United States Code, and in particular, how such allowances have been or will be affected by the amendments to the Foreign Service Act of 1980 made by this Act.CommentsClose CommentsPermalink
SEC. 313. DEATH GRATUITY.
The first sentence of section 413(a) of the Foreign Service Act of 1980 (
Subtitle C--Other Organization and Personnel MattersCommentsClose CommentsPermalink
Subtitle C--Other Organization and Personnel MattersCommentsClose CommentsPermalink
SEC. 321. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.
(a) Fellowship Authorized- Chapter 5 of title I of the Foreign Service Act of 1980 (
‘SEC. 506. TRANSATLANTIC DIPLOMATIC FELLOWSHIP PROGRAM.
‘(a) In General- The Secretary is authorized to establish the Transatlantic Diplomatic Fellowship Program. Under the program, the Secretary may assign a member of the Service, for not more than 1 year, to a position with any designated country or designated entity that permits an employee to be assigned to a position with the Department.CommentsClose CommentsPermalink
‘(b) Salary and Benefits- The salary and benefits of a member of the Service shall be paid as described in subsection (b) of section 503 during a period in which such member is participating in the Transatlantic Diplomatic Fellowship Program. The salary and benefits of an employee of a designated country or designated entity participating in such program shall be paid by such country or entity during the period in which such employee is participating in the program.CommentsClose CommentsPermalink
‘(c) Definitions- In this section:CommentsClose CommentsPermalink
‘(1) The term ‘designated country’ means a member country of--CommentsClose CommentsPermalink
‘(A) the North Atlantic Treaty Organization; orCommentsClose CommentsPermalink
‘(B) the European Union.CommentsClose CommentsPermalink
‘(2) The term ‘designated entity’ means--CommentsClose CommentsPermalink
‘(A) the North Atlantic Treaty Organization; orCommentsClose CommentsPermalink
‘(B) the European Union.CommentsClose CommentsPermalink
‘(d) Rule of Construction- Nothing in this section shall be construed to--CommentsClose CommentsPermalink
‘(1) authorize the appointment as an officer or employee of the United States of--CommentsClose CommentsPermalink
‘(A) an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; orCommentsClose CommentsPermalink
‘(B) an individual who has not met the requirements of sections 3331, 3332, 3333, and 7311 of title 5, United States Code, and any other provision of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States; orCommentsClose CommentsPermalink
‘(2) authorize the Secretary to assign a member of the Service to a position with any foreign country whose laws, or foreign or international entity whose rules, require such member to give allegiance or loyalty to such country or entity while assigned to such position.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendments- The Foreign Service Act of 1980 is amended--CommentsClose CommentsPermalink
(1) in section 503 (
)--CommentsClose CommentsPermalink 22 U.S.C. 3983
(A) in the section heading, by striking ‘AND’ and inserting ‘Foreign Governments, or’; andCommentsClose CommentsPermalink
(B) in subsection (a)(1), by inserting before the semicolon at the end the following: ‘, or with a foreign government under sections 506 or 507’; andCommentsClose CommentsPermalink
(2) in section 2, in the table of contents--CommentsClose CommentsPermalink
(A) by striking the item relating to section 503 and inserting the following new item:CommentsClose CommentsPermalink
‘Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.’;CommentsClose CommentsPermalink
andCommentsClose CommentsPermalink
(B) by adding after the item relating to section 505 the following new item:CommentsClose CommentsPermalink
‘Sec. 506. Transatlantic diplomatic fellowship program.’.CommentsClose CommentsPermalink
SEC. 322. SECURITY OFFICERS EXCHANGE PROGRAM.
(a) In General- Chapter 5 of title I of the Foreign Service Act of 1980 (
‘SEC. 507. SECURITY OFFICERS EXCHANGE PROGRAM.
‘(a) In General- The Secretary is authorized to establish the Security Officers Exchange Program. Under the program, the Secretary may assign a member of the Service, for not more than a total of 3 years, to a position with any country or international organization designated by the Secretary pursuant to subsection (c) that permits an employee to be assigned to a position with the Department.CommentsClose CommentsPermalink
‘(b) Salary and Benefits- The salary and benefits of the members of the Service shall be paid as described in subsection (b) of section 503 during a period in which such officer is participating in the Security Officers Exchange Program. The salary and benefits of an employee of a designated country or international organization participating in such program shall be paid by such country or international organization during the period in which such employee is participating in the program.CommentsClose CommentsPermalink
‘(c) Designation- The Secretary may designate a country or international organization to participate in this program if the Secretary determines that such participation is in the national security interests of the United States.CommentsClose CommentsPermalink
‘(d) Rule of Construction- Nothing in this section shall be construed to--CommentsClose CommentsPermalink
‘(1) authorize the appointment as an officer or employee of the United States of--CommentsClose CommentsPermalink
‘(A) an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; orCommentsClose CommentsPermalink
‘(B) an individual who has not met the requirements of sections 3331, 3332, 3333, and 7311 of title 5, United States Code, and any other provision of law concerning eligibility for appointment as, and continuation of employment as, an officer or employee of the United States; orCommentsClose CommentsPermalink
‘(2) authorize the Secretary to assign a member of the Service to a position with any foreign country whose laws, or foreign or international entity whose rules, require such member to give allegiance or loyalty to such country or entity while assigned to such position.’.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendment- Section 2 of the Foreign Service Act of 1980 is amended, in the table of contents, by adding after the item relating to section 506 (as added by section 321(b)(2)(B) of this Act) the following new item:CommentsClose CommentsPermalink
‘Sec. 507. Security officers exchange program.’.CommentsClose CommentsPermalink
SEC. 323. SUSPENSION OF FOREIGN SERVICE MEMBERS WITHOUT PAY.
(a) Suspension- Section 610 of the Foreign Service Act of 1980 (
‘(c)(1) In order to promote the efficiency of the Service, the Secretary may suspend a member of the Foreign Service without pay when the member’s security clearance is suspended or when there is reasonable cause to believe that the member has committed a crime for which a sentence of imprisonment may be imposed.CommentsClose CommentsPermalink
‘(2) Any member of the Foreign Service for whom a suspension is proposed shall be entitled to--CommentsClose CommentsPermalink
‘(A) written notice stating the specific reasons for the proposed suspension;CommentsClose CommentsPermalink
‘(B) a reasonable time to respond orally and in writing to the proposed suspension;CommentsClose CommentsPermalink
‘(C) representation by an attorney or other representative; andCommentsClose CommentsPermalink
‘(D) a final written decision, including the specific reasons for such decision, as soon as practicable.CommentsClose CommentsPermalink
‘(3) Any member suspended under this section may file a grievance in accordance with the procedures applicable to grievances under chapter 11 of this title.CommentsClose CommentsPermalink
‘(4) In the case of a grievance filed under paragraph (3)--CommentsClose CommentsPermalink
‘(A) the review by the Foreign Service Grievance Board shall be limited to a determination of whether the provisions of paragraphs (1) and (2) have been fulfilled; andCommentsClose CommentsPermalink
‘(B) the Foreign Service Grievance Board may not exercise the authority provided under section 1106(8).CommentsClose CommentsPermalink
‘(5) In this subsection:CommentsClose CommentsPermalink
‘(A) The term ‘reasonable time’ means--CommentsClose CommentsPermalink
‘(i) with respect to a member of the Foreign Service assigned to duty in the United States, 15 days after receiving notice of the proposed suspension; andCommentsClose CommentsPermalink
‘(ii) with respect to a member of the Foreign Service assigned to duty outside the United States, 30 days after receiving notice of the proposed suspension.CommentsClose CommentsPermalink
‘(B) The term ‘suspend’ or ‘suspension’ means the placing of a member of the Foreign Service in a temporary status without duties and pay.’.CommentsClose CommentsPermalink
(b) Conforming and Clerical Amendments-CommentsClose CommentsPermalink
(1) AMENDMENT OF SECTION HEADING- Such section, as amended by subsection (a) of this section, is further amended, in the section heading, by inserting ‘; Suspension’ before the period at the end.CommentsClose CommentsPermalink
(2) CLERICAL AMENDMENT- The item relating to such section in the table of contents in section 2 of such Act is amended to read as follows:CommentsClose CommentsPermalink
‘Sec. 610. Separation for cause; suspension.’.CommentsClose CommentsPermalink
SEC. 324. REPEAL OF RECERTIFICATION REQUIREMENT FOR SENIOR FOREIGN SERVICE.
Section 305(d) of the Foreign Service Act of 1980 (
SEC. 325. LIMITED APPOINTMENTS IN THE FOREIGN SERVICE.
Section 309 of the Foreign Service Act of 1980 (
(1) in subsection (a), by striking ‘subsection (b)’ and inserting ‘subsection (b) or (c)’;CommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (3)--CommentsClose CommentsPermalink
(i) by inserting ‘(A),’ after ‘if’; andCommentsClose CommentsPermalink
(ii) by inserting before the semicolon at the end the following: ‘, or (B), the career candidate is serving in the uniformed services, as defined by the Uniformed Services Employment and Reemployment Rights Act of 1994 (
(B) in paragraph (4), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(C) in paragraph (5), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(D) by adding after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink
‘(6) in exceptional circumstances where the Secretary determines the needs of the Service require the extension of a limited appointment (A), for a period of time not to exceed 12 months (provided such period of time does not permit additional review by the boards under section 306), or (B), for the minimum time needed to settle a grievance, claim, or complaint not otherwise provided for in this section.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(c) Non-career Foreign Service employees who have served five consecutive years under a limited appointment may be reappointed to a subsequent limited appointment provided there is a 1 year break in service between each appointment. The Secretary may in cases of special need waive the requirement for a 1 year break in service.’.CommentsClose CommentsPermalink
SEC. 326. COMPENSATORY TIME OFF FOR TRAVEL.
‘(c) The maximum amount of compensatory time off earned under this section may not exceed 104 hours during any leave year (as defined by regulations established by the Office of Personnel Management).’.CommentsClose CommentsPermalink
SEC. 327. REEMPLOYMENT OF FOREIGN SERVICE ANNUITANTS.
Section 824(g) of the Foreign Service Act of 1980 (
(1) in paragraph (1)(B), by striking ‘to facilitate the’ and all that follows through ‘Afghanistan,’;CommentsClose CommentsPermalink
(2) by striking paragraph (2); andCommentsClose CommentsPermalink
(3) by redesignating paragraph (3) as paragraph (2).CommentsClose CommentsPermalink
SEC. 328. PERSONAL SERVICES CONTRACTORS.
(a) In General- In addition to other authorities that may be available, the Secretary of State may establish a pilot program (in this section referred to as the ‘program’) for the purpose of hiring United States citizens or aliens as personal services contractors, for service in the United States, or for service both in the United States and abroad, to respond to new or emerging needs or to augment current services.CommentsClose CommentsPermalink
(b) Conditions- The Secretary is authorized to use the authority of subsection (a), subject to the following conditions:CommentsClose CommentsPermalink
(1) The Secretary determines that existing personnel resources are insufficient.CommentsClose CommentsPermalink
(2) The contract length, including options, may not exceed 2 years, unless the Secretary makes a finding that exceptional circumstances justify an extension of up to one additional year.CommentsClose CommentsPermalink
(3) Not more than a total of 200 United States citizens or aliens are employed at any one time as personal services contractors under this section.CommentsClose CommentsPermalink
(4) This authority may only be used to obtain specialized skills or experience or to respond to urgent needs.CommentsClose CommentsPermalink
(c) Status of Personal Service Contractors-CommentsClose CommentsPermalink
(1) IN GENERAL- An individual hired as a personal service contractor pursuant to this section shall not, by virtue of such hiring, be considered to be an employee of the United States Government for purposes of any law administered by the Office of Personnel Management.CommentsClose CommentsPermalink
(2) APPLICABLE LAWS- An individual hired as a personal service contractor pursuant to this section shall be covered, in the same manner as a similarly-situated employee, by--CommentsClose CommentsPermalink
(A) the Ethics in Government Act of 1978;CommentsClose CommentsPermalink
(B) section 27 of the Office of Federal Procurement Policy Act; andCommentsClose CommentsPermalink
(C) chapter 73 of title 5, sections 201, 203, 205, 207, 208, and 209 of title 18, and section 1346 and chapter 171 of title 28, United States Code.CommentsClose CommentsPermalink
(3) EXCEPTION- This subsection shall not affect the determination as to whether an individual hired as a personal service contractor pursuant to this section is an employee of the United States Government for purposes of any Federal law not specified in paragraphs (1) and (2).CommentsClose CommentsPermalink
(d) Termination of Authority- The authority to award personal services contracts under the program authorized by this section shall terminate on September 30, 2011. A contract entered into prior to the termination date under this subsection may remain in effect until expiration.CommentsClose CommentsPermalink
SEC. 329. PROTECTION OF INTELLECTUAL PROPERTY RIGHTS.
(a) Resources To Protect Intellectual Property Rights- The Secretary of State shall ensure that the protection in foreign countries of the intellectual property rights of United States persons in other countries is a significant component of United States foreign policy in general and in relations with individual countries. The Secretary of State, in consultation with the Director General of the United States and Foreign Commercial Service and other agencies as appropriate, shall ensure that adequate resources are available at diplomatic missions in any country that is identified under section 182(a)(1) of the Trade Act of 1974 (
(1) support for enforcement action against violations of the intellectual property rights of United States persons in such country; andCommentsClose CommentsPermalink
(2) cooperation with and support for the host government’s efforts to reform its applicable laws, regulations, practices, and agencies to enable that government to fulfill its international and bilateral obligations with respect to intellectual property rights.CommentsClose CommentsPermalink
(b) New Appointments- The Secretary of State, in consultation with the Director General of the United States and Foreign Commercial Service, shall appoint 10 intellectual property attaches to serve in United States embassies or other diplomatic missions. The 10 appointments shall be in addition to personnel serving, on the date of the enactment of this Act, in the capacity of intellectual property attaches from any department or agency of the United States at United States embassies or other diplomatic missions.CommentsClose CommentsPermalink
(c) Priority Assignments-CommentsClose CommentsPermalink
(1) IN GENERAL- Subject to paragraph (2), in designating the embassies or other missions to which attaches are assigned under subsection (b), the Secretary of State shall give priority to those countries where the activities of an attache may be carried out with the greatest potential benefit to reducing counterfeit and pirated products in the United States market, to protecting the intellectual property rights of United States persons and their licensees, and to protecting the interests of United States persons otherwise harmed by violations of intellectual property rights in those countries.CommentsClose CommentsPermalink
(2) ASSIGNMENTS TO PRIORITY COUNTRIES- In carrying out paragraph (1), the Secretary of State shall consider assigning intellectual property attaches--CommentsClose CommentsPermalink
(A) to the countries that have been identified under section 182(a)(1) of the Trade Act of 1974 (
(B) to the country where the Organization for Economic Cooperation and Development has its headquarters.CommentsClose CommentsPermalink
(d) Duties and Responsibilities of Intellectual Property Attaches- The intellectual property attaches appointed under subsection (b), as well as others serving as intellectual property attaches of any other department or agency of the United States, shall have the following responsibilities:CommentsClose CommentsPermalink
(1) To promote cooperation with foreign governments in the enforcement of intellectual property laws generally, and in the enforcement of laws against counterfeiting and piracy in particular.CommentsClose CommentsPermalink
(2) To assist United States persons holding intellectual property rights, and the licensees of such United States persons, in their efforts to combat counterfeiting and piracy of their products or works within the host country, including counterfeit or pirated goods exported from or transshipped through that country.CommentsClose CommentsPermalink
(3) To chair an intellectual property protection task force consisting of representatives from all other relevant sections or bureaus of the embassy or other mission.CommentsClose CommentsPermalink
(4) To coordinate with representatives of the embassies or missions of other countries in information sharing, private or public communications with the government of the host country, and other forms of cooperation for the purpose of improving enforcement against counterfeiting and piracy.CommentsClose CommentsPermalink
(5) As appropriate and in accordance with applicable laws and the diplomatic status of the attaches, to engage in public education efforts against counterfeiting and piracy in the host country.CommentsClose CommentsPermalink
(6) To assist in the coordination of training and technical assistance programs of the United States Government within the host country that are aimed at improving the enforcement of laws against counterfeiting and piracy.CommentsClose CommentsPermalink
(7) To identify and promote other means to more effectively combat counterfeiting and piracy activities under the jurisdiction of the host country.CommentsClose CommentsPermalink
(e) Training- The Secretary of State shall ensure that each attache appointed under subsection (b) is fully trained for the responsibilities of the position before assuming duties at the United States embassy or other mission in question.CommentsClose CommentsPermalink
(f) Coordination- The activities of intellectual property attaches under this section shall be carried out in coordination with the United States Intellectual Property Enforcement Coordinator appointed under section 301 of the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (
(g) Report to Congress-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State shall submit to the Congress, not later than December 31 of each year, a report on the appointment, designation for assignment, and activities of all intellectual property attaches of any Federal department or agency who are serving at United States embassies or other diplomatic missions.CommentsClose CommentsPermalink
(2) CONTENTS- Each report under paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) A description of the progress, or lack thereof, in the preceding year regarding the resolution of general and specific intellectual property disputes in each country identified under section 182(a)(1) of the Trade Act of 1974 (
(B) An assessment of the obstacles preventing the host government of each country described in subparagraph (A) from implementing adequate measures to fulfill its international and bilateral obligations with respect to intellectual property rights.CommentsClose CommentsPermalink
(C) An assessment of the adequacy of the resources of the Department of State employed to carry out this section and, if necessary, an assessment of the need for additional resources for such purposes.CommentsClose CommentsPermalink
(h) Definitions- In this section:CommentsClose CommentsPermalink
(1) COUNTERFEITING; COUNTERFEIT GOODS-CommentsClose CommentsPermalink
(A) COUNTERFEITING- The term ‘counterfeiting’ means activities related to production or distribution of goods, including packaging, that bear a spurious mark or designation that is identical to or substantially indistinguishable from a mark or designation protected under trademark laws or related legislation.CommentsClose CommentsPermalink
(B) COUNTERFEIT GOODS- The term ‘counterfeit goods’ means those goods described in subparagraph (A).CommentsClose CommentsPermalink
(2) INTELLECTUAL PROPERTY RIGHTS- The term ‘intellectual property rights’ means the rights of holders of copyrights, patents, trademarks, other forms of intellectual property, and trade secrets.CommentsClose CommentsPermalink
(3) PIRACY; PIRATED GOODS-CommentsClose CommentsPermalink
(A) PIRACY- The term ‘piracy’ means activities related to production or distribution of unauthorized copies or phonorecords of works protected under copyright law or related legislation.CommentsClose CommentsPermalink
(B) PIRATED GOODS- The term ‘pirated goods’ means those copies or phonorecords described in subparagraph (A).CommentsClose CommentsPermalink
(4) UNITED STATES PERSON- The term ‘United States person’ means--CommentsClose CommentsPermalink
(A) any United States resident or national;CommentsClose CommentsPermalink
(B) any corporation, partnership, other business entity, or other organization, that is organized under the laws of the United States; andCommentsClose CommentsPermalink
(C) any foreign subsidiary or affiliate (including any permanent foreign establishment) of any corporation, partnership, business entity, or organization described in subparagraph (B), that is controlled in fact by such corporation, partnership, business entity, or organization,CommentsClose CommentsPermalink
except that such term does not include an individual who resides outside the United States and is employed by an individual or entity other than an individual or entity described in subparagraph (A), (B), or (C).CommentsClose CommentsPermalink
(i) Authorization of Appropriations- Of the amounts authorized to be appropriated under section 101, there are authorized to be appropriated for each fiscal year such sums as may be necessary for the training and support of the intellectual property attaches appointed under subsection (b) and of other personnel serving as intellectual property attaches of any other department or agency of the United States.CommentsClose CommentsPermalink
SEC. 330. DEPARTMENT OF STATE EMPLOYMENT COMPOSITION.
(a) Statement of Policy- In order for the Department of State to accurately represent all people in the United States, the Department must accurately reflect the diversity of the United States.CommentsClose CommentsPermalink
(b) Report on Minority Recruitment- Section 324 of the Foreign Relations Authorization Act, Fiscal Year 2003 (
(1) in the matter preceding paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘On’ and inserting ‘(a) Report on Minority Groups and Women- On’;CommentsClose CommentsPermalink
(B) by striking ‘April 1, 2003, and April 1, 2004,’ and inserting ‘April 1, 2010, and April 1, 2011,’;CommentsClose CommentsPermalink
(2) in paragraphs (1) and (2), by striking ‘minority groups’ each place it appears and inserting ‘minority groups and women’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(b) Development of Metrics To Evaluate Employment Composition- The report required by subsection (a) shall also include a description of the following:CommentsClose CommentsPermalink
‘(1) The ability of current recruitment, advancement, and retention practices to attract and maintain a diverse pool of qualified individuals in sufficient numbers throughout the Department, including in the Cooperative Education Program (also known as the ‘Student Career Experience Program’).CommentsClose CommentsPermalink
‘(2) Efforts to develop a uniform definition, to be used throughout the Department, of diversity that is congruent with the core values and vision of the Department for the future workforce.CommentsClose CommentsPermalink
‘(3) The existence of additional metrics and milestones for evaluating the diversity plans of the Department, including the Foreign Service and Senior Foreign Service, and for facilitating future evaluation and oversight.’.CommentsClose CommentsPermalink
(c) Public Availability- Each report required under section 324 of the Foreign Relations Authorization Act, Fiscal Year 2003, as amended by subsection (b) of this section, shall be made available to the public on the website of the Department of State not later than 15 days after the submission to Congress of each such report.CommentsClose CommentsPermalink
(d) GAO Review- The Comptroller General of the United States, in consultation with the appropriate congressional committees, shall conduct a review of the employment composition, recruitment, advancement, and retention policies of the Department of State for women and minority groups, including the information in the reports required under section 324 of the Foreign Relations Authorization Act, Fiscal Year 2003, as amended by subsection (b) of this section.CommentsClose CommentsPermalink
(e) Acquisition- Section 324 of the Foreign Relations Authorization Act, Fiscal Year 2003, as amended by subsection (b) of this section, is further amended by adding at the end the following new subsection:CommentsClose CommentsPermalink
‘(c) For the immediately preceding 12-month period for which the information referred to in subsection (a) is available--CommentsClose CommentsPermalink
‘(1) the numbers and percentages of small, minority-owned, or disadvantaged businesses that provide goods and services to the Department as a result of contracts with the Department during such period;CommentsClose CommentsPermalink
‘(2) the total number of such contracts;CommentsClose CommentsPermalink
‘(3) the total dollar value of such contracts; andCommentsClose CommentsPermalink
‘(4) and the percentage value represented by such contract proportionate to the total value of all contracts held by the Department.’.CommentsClose CommentsPermalink
(f) Use of Funds- The provisions of section 325 of the Foreign Relations Authorization Act, Fiscal Year 2003 shall apply to funds authorized to be appropriated under section 101 of this division.CommentsClose CommentsPermalink
SEC. 331. CONTRACTING.
None of the funds authorized to be appropriated by this division, for projects initiated after the date of the enactment of this Act, may be used by the Department of State to enter into any Federal contract unless such contract is entered into in accordance with title III of the Federal Property and Administrative Services Act of 1949 (
SEC. 332. LEGISLATIVE LIAISON OFFICE OF THE DEPARTMENT OF STATE.
(a) Report on Improving Effectiveness of Department of State Legislative Liaison Office- Not later than 6 months after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs and the Committee on House Administration of the House of Representatives and the Committee on Foreign Relations and the Committee on Rules and Administration of the Senate a report on the mission and effectiveness of the existing Department of State legislative liaison office.CommentsClose CommentsPermalink
(b) Report Considerations- The report required by subsection (a) shall consider--CommentsClose CommentsPermalink
(1) whether the legislative liaison office has sufficient resources necessary to communicate to Members of Congress, committees, and their staffs the goals and missions of the Department of State;CommentsClose CommentsPermalink
(2) whether current space within the office buildings of the House of Representatives as well as requested space within the office buildings of the Senate is sufficient to meet the mission of the legislative liaison office;CommentsClose CommentsPermalink
(3) whether current representational allowances are sufficient to allow the legislative liaison office to meet its mission; andCommentsClose CommentsPermalink
(4) the feasibility of increasing personnel numbers in the legislative liaison office, including senior Foreign Service Officers.CommentsClose CommentsPermalink
SEC. 333. DISCRIMINATION RELATED TO SEXUAL ORIENTATION.
(a) Tracking Violence or Criminalization Related to Sexual Orientation- The Assistant Secretary for Democracy, Human Rights and Labor shall designate a Bureau-based officer or officers who shall be responsible for tracking violence, criminalization, and restrictions on the enjoyment of fundamental freedoms, consistent with United States law, in foreign countries based on actual or perceived sexual orientation and gender identity.CommentsClose CommentsPermalink
(b) International Efforts To Revise Laws Criminalizing Homosexuality- In keeping with the Administration’s endorsement of efforts by the United Nations to decriminalize homosexuality in member states, the Secretary of State shall work though appropriate United States Government employees at United States diplomatic and consular missions to encourage the governments of other countries to reform or repeal laws of such countries criminalizing homosexuality or consensual homosexual conduct, or restricting the enjoyment of fundamental freedoms, consistent with United States law, by homosexual individuals or organizations.CommentsClose CommentsPermalink
(c) Annual Country Reports on Human Rights Practices- The Foreign Assistance Act of 1961 is amended--CommentsClose CommentsPermalink
(1) in section 116(d) (
(A) in paragraph (10), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in paragraph (11)--CommentsClose CommentsPermalink
(i) in subparagraph (B), by striking ‘and’ at the end; andCommentsClose CommentsPermalink
(ii) in subparagraph (C), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(12) wherever applicable, violence or discrimination that affects the fundamental freedoms, consistent with United States law, of an individual in foreign countries that is based on actual or perceived sexual orientation and gender identity.’; andCommentsClose CommentsPermalink
(2) in section 502B(b) (
(d) Training for Foreign Service Officers- Section 708(a) of the Foreign Service Act of 1980 (22
(1) in the matter preceding paragraph (1), by inserting ‘the Secretary for Democracy, Human Rights and Labor,’ before ‘the Ambassador at Large’;CommentsClose CommentsPermalink
(2) in paragraph (2), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(3) in paragraph (3), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(4) by adding at the end the end the following new paragraph:CommentsClose CommentsPermalink
‘(4) instruction, in courses covering human rights reporting and advocacy work, on identifying violence or discrimination that affects the fundamental freedoms, consistent with United States law, of an individual that is based on actual or perceived sexual orientation and gender identity.’.CommentsClose CommentsPermalink
SEC. 334. OFFICE FOR GLOBAL WOMEN’S ISSUES.
(a) Establishment- There is established an Office for Global Women’s Issues (in this section referred to as the ‘Office’) in the Office of the Secretary of State in the Department of State. The Office shall be headed by the Ambassador-at-Large (in this section referred to as the ‘Ambassador’), who shall be appointed by the President, by and with the advice and consent of the Senate. The Ambassador shall report directly to the Secretary of State.CommentsClose CommentsPermalink
(b) Purpose- The Office shall coordinate efforts of the United States Government regarding gender integration and women’s empowerment in United States foreign policy.CommentsClose CommentsPermalink
(c) Duties-CommentsClose CommentsPermalink
(1) IN GENERAL- The Ambassador shall--CommentsClose CommentsPermalink
(A) coordinate and advise on activities, policies, programs, and funding relating to gender integration and women’s empowerment internationally for all bureaus and offices of the Department of State and in the international programs of other United States Government departments and agencies;CommentsClose CommentsPermalink
(B) design, support, and as appropriate, implement, limited projects regarding women’s empowerment internationally;CommentsClose CommentsPermalink
(C) actively promote and advance the full integration of gender analysis into the programs, structures, processes, and capacities of all bureaus and offices of the Department of State and in the international programs of other United States Government departments and agencies; andCommentsClose CommentsPermalink
(D) direct, as appropriate, United States Government resources to respond to needs for gender integration and women’s empowerment in United States Government foreign policies and international programs.CommentsClose CommentsPermalink
(2) COORDINATING ROLE- The Ambassador shall coordinate with the United States Agency for International Development and the Millennium Challenge Corporation on all policies, programs, and funding of such agencies relating to gender integration and women’s empowerment.CommentsClose CommentsPermalink
(3) DIPLOMATIC REPRESENTATION- Subject to the direction of the President and the Secretary of State, the Ambassador is authorized to represent the United States in matters relevant to the status of women internationally.CommentsClose CommentsPermalink
(d) Reporting- The heads of all bureaus and offices of the Department of State, as appropriate, shall evaluate and monitor all women’s empowerment programs administered by such bureaus and offices and annually submit to the Ambassador a report on such programs and on policies and practices to integrate gender.CommentsClose CommentsPermalink
(e) Relationship to Other Laws Regarding Abortion- Nothing in this section, and in particular the duties of the office described in subsection (c), shall be construed as affecting in any way existing statutory prohibitions against abortion or existing statutory prohibitions on the use of funds to engage in any activity or effort to alter the laws or policies in effect in any foreign country concerning the circumstances under which abortion is permitted, regulated, or prohibited.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- Of the amounts authorized to be appropriated under section 101, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out activities under this section.CommentsClose CommentsPermalink
SEC. 335. FOREIGN SERVICE VICTIMS OF TERRORISM.
(a) Additional Death Gratuity- Section 413 of the Foreign Service Act of 1980 (
(1) by redesignating subsection (d) as subsection (e); andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
‘(d) In addition to a death gratuity payment under subsection (a), the Secretary or the head of the relevant United States Government agency is authorized to provide for payment to the surviving dependents of a Foreign Service employee or a Government executive branch employee, if such Foreign Service employee or Government executive branch employee is subject to the authority of the chief of mission pursuant to section 207, of an amount equal to a maximum of eight times the salary of such Foreign Service employee or Government executive branch employee if such Foreign Service employee or Government executive branch employee is killed as a result of an act of international terrorism. Such payment shall be accorded the same treatment as a payment made under subsection (a). For purposes of this subsection, the term ‘act of international terrorism’ has the meaning given such term in
.’.CommentsClose CommentsPermalink section 2331(1) of title 18, United States Code
(b) Certain Specific Payments- Subject to the availability of appropriations specifically for the purpose specified in this subsection as provided in appropriations Acts enacted on or after October 1, 2007, and notwithstanding any other provision of law, the Secretary of State shall pay the maximum amount of payment under section 413(d) of the Foreign Service Act of 1980 (as amended by subsection a(2) of this section) to an individual described in such section 413(d) or to an individual who was otherwise serving at a United States diplomatic or consular mission abroad without a regular salary who was killed as a result of an act of international terrorism (as such term is defined in
SEC. 336. BROADENING EXPERIENCE WITHIN THE FOREIGN SERVICE.
Not later than 180 days after the date of the enactment of this Act, the Secretary of State, acting through the Director of the Foreign Service, shall submit to the appropriate congressional committees a detailed plan to increase the career incentives provided to Foreign Service officers to serve in bureaus and offices of the Department of State not primarily focused on regional issues, including the Bureau of Democracy, Human Rights and Labor, the Bureau of Oceans and International Environmental and Scientific Affairs, and the Bureau of Population, Refugees and Migration. In formulating such plan, the Secretary shall consult with a broad range of active and retired Foreign Service officers and current and former officials of the Department to elicit proposals on how to promote non-regional assignments, and shall consider--CommentsClose CommentsPermalink
(1) requiring all Foreign Service officers to serve at least 2 years in an bureau or office of the Department not primarily focused on regional issues prior to joining the Senior Foreign Service; andCommentsClose CommentsPermalink
(2) changing the composition of Foreign Service selection boards to increase the participation of Department personnel with extensive experience in bureaus and offices of the Department not primarily focused on regional issues.CommentsClose CommentsPermalink
TITLE IV--INTERNATIONAL ORGANIZATIONSCommentsClose CommentsPermalink
TITLE IV--INTERNATIONAL ORGANIZATIONSCommentsClose CommentsPermalink
Subtitle A--International LeadershipCommentsClose CommentsPermalink
Subtitle A--International LeadershipCommentsClose CommentsPermalink
SEC. 401. SHORT TITLE.
This subtitle may be cited as the ‘United States International Leadership Act of 2009’.CommentsClose CommentsPermalink
SEC. 402. PROMOTING ASSIGNMENTS TO INTERNATIONAL ORGANIZATIONS.
(a) Promotions-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 603(b) of the Foreign Service Act of 1980 (
(2) EFFECTIVE DATE- The amendment made by paragraph (1) shall take effect on the date of the enactment of this Act and shall apply to members of the Foreign Service beginning on January 1, 2015.CommentsClose CommentsPermalink
(b) Establishment of a Multilateral Diplomacy Cone in the Foreign Service-CommentsClose CommentsPermalink
(1) FINDINGS- Congress finds the following:CommentsClose CommentsPermalink
(A) The Department of State maintains a number of United States missions both within the United States and abroad that are dedicated to representing the United States to international organizations and multilateral institutions, including missions in New York, Brussels, Geneva, Rome, Montreal, Nairobi, Vienna, and Paris.CommentsClose CommentsPermalink
(B) In offices at the Harry S. Truman Building, the Department maintains a significant number of positions in bureaus that are either dedicated, or whose primary responsibility is, to represent the United States to such organizations and institutions or at multilateral negotiations.CommentsClose CommentsPermalink
(C) Given the large number of positions in the United States and abroad that are dedicated to multilateral diplomacy, the Department of State may be well served in developing persons with specialized skills necessary to become experts in this unique form of diplomacy.CommentsClose CommentsPermalink
(2) REPORT- 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--CommentsClose CommentsPermalink
(A) evaluating whether a new cone should be established for the Foreign Service that concentrates on members of the Service who serve at international organizations and multilateral institutions or are primarily responsible for participation in broad-based multilateral negotiations of international instruments; andCommentsClose CommentsPermalink
(B) that provides alternative mechanisms for achieving the objective of developing a core group of United States diplomats and other Government employees who have expertise and broad experience in conducting multilateral diplomacy.CommentsClose CommentsPermalink
SEC. 403. IMPLEMENTATION AND ESTABLISHMENT OF OFFICE ON MULTILATERAL NEGOTIATIONS.
(a) Establishment of Office- The Secretary of State is authorized to establish, within the Bureau of International Organization Affairs, an Office on Multilateral Negotiations, to be headed by a Special Representative for Multilateral Negotiations (in this section referred to as the ‘Special Representative’).CommentsClose CommentsPermalink
(b) Appointment- If the office referred to in subsection (a) is established, the Special Representative shall be appointed by the President by and with the advice and consent of the Senate and shall have the rank of Ambassador-at-Large. At the discretion of the President another official at the Department may serve as the Special Representative. The President may direct that the Special Representative report to the Assistant Secretary for International Organization Affairs.CommentsClose CommentsPermalink
(c) Staffing- The Special Representative shall have a staff of Foreign Service and civil service officers skilled in multilateral diplomacy.CommentsClose CommentsPermalink
(d) Duties- The Special Representative shall have the following responsibilities:CommentsClose CommentsPermalink
(1) IN GENERAL- The primary responsibility of the Special Representative shall be to assist in the organization of, and preparation for, United States participation in multilateral negotiations, including the advocacy efforts undertaken by the Department of State and other United States agencies.CommentsClose CommentsPermalink
(2) ADVISORY ROLE- The Special Representative shall advise the President and the Secretary of State, as appropriate, regarding advocacy at international organizations and multilateral institutions and negotiations and, in coordination with the Assistant Secretary for International Organization Affairs, shall make recommendations regarding--CommentsClose CommentsPermalink
(A) effective strategies and tactics to achieve United States policy objectives at multilateral negotiations;CommentsClose CommentsPermalink
(B) the need for and timing of high level intervention by the President, the Secretary of State, the Deputy Secretary of State, and other United States officials to secure support from key foreign government officials for the United States position at such organizations, institutions, and negotiations;CommentsClose CommentsPermalink
(C) the composition of United States delegations to multilateral negotiations; andCommentsClose CommentsPermalink
(D) liaison with Congress, international organizations, nongovernmental organizations, and the private sector on matters affecting multilateral negotiations.CommentsClose CommentsPermalink
(3) LEADERSHIP AND MEMBERSHIP OF INTERNATIONAL ORGANIZATIONS- The Special Representative, in coordination with the Assistant Secretary of International Organization Affairs, shall direct the efforts of the United States Government to reform the criteria for leadership and membership of international organizations.CommentsClose CommentsPermalink
(4) PARTICIPATION IN MULTILATERAL NEGOTIATIONS- The Special Representative, or members of the Special Representative’s staff, may, as required by the President or the Secretary of State, serve on a United States delegation to any multilateral negotiation.CommentsClose CommentsPermalink
SEC. 404. SYNCHRONIZATION OF UNITED STATES CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS.
Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a plan on the implementation of section 404 of the Foreign Relations Authorization Act of 2003 (
SEC. 405. UNITED STATES ARREARAGES TO THE UNITED NATIONS.
In addition to amounts otherwise available for the payment of Assessed Contributions to International Organizations and Contributions for International Peacekeeping Activities, there is authorized to be appropriated such sums as may be necessary to pay all United States arrearages in payments to the United Nations recognized by the United States.CommentsClose CommentsPermalink
Subtitle B--General ProvisionsCommentsClose CommentsPermalink
Subtitle B--General ProvisionsCommentsClose CommentsPermalink
SEC. 411. ORGANIZATION OF AMERICAN STATES.
(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) multilateral diplomacy in the context of the Americas has suffered considerably in the past decade, to the direct detriment of the national interest of the United States in the region;CommentsClose CommentsPermalink
(2) given the recent proliferation of multilateral groupings in the Americas region in which the United States in not a member, it is imperative to focus on and promote United States diplomatic efforts in the Organization of American States (OAS), where the United States is a founding member and whose central tenets include democratic values considered vital for this region;CommentsClose CommentsPermalink
(3) it is critical for the United States to immediately re-establish its unique leadership voice in this region and specifically in the OAS setting; andCommentsClose CommentsPermalink
(4) an effective way to help achieve this short term objective is to establish a fund to promote multilateral interests of the United States in the region.CommentsClose CommentsPermalink
(b) Multilateral Fund-CommentsClose CommentsPermalink
(1) IN GENERAL- There is hereby established in the Department of State a Fund to Promote Multilateralism in the Americas (referred to in this section as the ‘Fund’).CommentsClose CommentsPermalink
(2) ACTIVITIES SUPPORTED- The Fund shall support activities that promote the multilateral interests of the United States in the Americas region, including--CommentsClose CommentsPermalink
(A) United States diplomatic activities within and related to the OAS;CommentsClose CommentsPermalink
(B) voluntary contributions to entities and organs of the OAS to carry out programs and activities that support the interests of the United States;CommentsClose CommentsPermalink
(C) outreach and cultural activities;CommentsClose CommentsPermalink
(D) conferences; andCommentsClose CommentsPermalink
(E) general advocacy for United States interests.CommentsClose CommentsPermalink
(c) Administration- The Fund shall be administered by the United States Mission to the Organization of American States, as directed by the United States Permanent Representative to the OAS, for use on matters that arise in the context of the OAS.CommentsClose CommentsPermalink
(d) Authorization- Of the amounts authorized to be appropriated for the Administration of Foreign Affairs pursuant to section 101, there is authorized to be appropriated $2,000,000 for each of fiscal years 2010 and 2011 only to carry out this section.CommentsClose CommentsPermalink
SEC. 412. PEACEKEEPING OPERATIONS CONTRIBUTIONS.
Section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (
‘(vi) For assessments made during calendar years 2009, 2010, and 2011, 27.1 percent.’.CommentsClose CommentsPermalink
SEC. 413. PACIFIC ISLANDS FORUM.
It is the sense of Congress that the Secretary of State should work with the Pacific Islands Forum to find appropriate affiliations for representatives of American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink
SEC. 414. REVIEW OF ACTIVITIES OF INTERNATIONAL COMMISSIONS.
(a) In General- Not later than 1 year after the date of the enactment of this Act and 2 years thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the activities of each of the commissions specified in paragraphs (1), (2), and (3) of section 103.CommentsClose CommentsPermalink
(b) Report Elements- The reports required under subsection (a) shall include information concerning the following:CommentsClose CommentsPermalink
(1) Amounts obligated and expended during the two previous fiscal years by each of such commissions.CommentsClose CommentsPermalink
(2) A description of the projects carried out during such years by each of such commissions and a description of the management and implementation of such projects, including the use of private contractors.CommentsClose CommentsPermalink
(3) Projects anticipated during the next two fiscal years related to the activities of each of such commissions because of obligations that the United States has entered into based on any treaty between the United States and another country.CommentsClose CommentsPermalink
(c) Submission of the Reports- The reports may be combined with the annual budget justification submitted by the President in accordance with
SEC. 415. ENHANCING NUCLEAR SAFEGUARDS.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) The Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968, and entered into force March 5, 1970 (commonly known as the ‘Nuclear Non-Proliferation Treaty’ or ‘NPT’) and the safeguards system of the International Atomic Energy Agency (IAEA) are indispensable to international peace and security.CommentsClose CommentsPermalink
(2) Congress has long supported efforts aimed at effective and efficient assurances of nuclear fuel supply, the strengthening of IAEA safeguards, and assistance to the developing world for nuclear and non-nuclear energy sources, as embodied in the Nuclear Non-Proliferation Act of 1978 (
(3) According to some experts, global energy demand will grow by 50 percent in the next 20 years, predominantly in the developing world.CommentsClose CommentsPermalink
(4) The Government Accountability Office (GAO) stated in testimony before Congress in September 2006 that ‘while IAEA is increasingly relying on the analytical skills of its staff to detect countries’ undeclared nuclear activities, the agency is facing a looming human capital crisis.CommentsClose CommentsPermalink
(5) The Director General of the IAEA told the Board of Governors of the IAEA in March 2009 that the ‘deteriorating conditions in our laboratories, for example, threaten both our ability to deliver our programmed, as well as our independent analytical capability’.CommentsClose CommentsPermalink
(6) Considerable investment is needed for the IAEA’s Safeguards Analytical Laboratory (SAL), to meet future IAEA requirements as its workload is growing, the laboratory’s infrastructure is aging, and IAEA requirements have become more demanding, and while initial plans have been made for laboratory enhancement and are currently pending budgetary approval (sometime in 2009), the simple fact is that, as more countries implement IAEA safeguards, many more nuclear samples come to SAL for analysis.CommentsClose CommentsPermalink
(7) The existing funding, planning, and execution of IAEA safeguards is not sufficient to meet the predicted growth in the future of civilian nuclear power, and therefore any growth in civilian nuclear power must be evaluated against the challenges it poses to verification of the assurances of peace and security provided by the IAEA safeguards system.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- There is authorized to be appropriated $10,000,000 for the refurbishment or possible replacement of the IAEA’s Safeguards Analytical Laboratory.CommentsClose CommentsPermalink
(c) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of State, in consultation with the Secretary of Energy, shall submit 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 the refurbishment or possible replacement of the IAEA’s Safeguards Analytical Laboratory pursuant to subsection (b).CommentsClose CommentsPermalink
SEC. 416. IMPLEMENTATION OF RECOMMENDATIONS OF COMMISSION ON THE PREVENTION OF WEAPONS OF MASS DESTRUCTION PROLIFERATION AND TERRORISM.
(a) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 and 2011 to implement the following recommendations of the Report of the Commission on the Prevention of Weapons of Mass Destruction Proliferation and Terrorism regarding the International Atomic Energy Agency (IAEA) and nuclear safeguards reform:CommentsClose CommentsPermalink
(1) The United States should work with the IAEA Director General to consider establishing a safeguards user fee, whereby countries with inspected facilities would be assessed a fee to help defer the costs of IAEA inspections.CommentsClose CommentsPermalink
(2) The United States should work with the IAEA Director General and other interested parties to routinely (at least every 2 years) assess whether the IAEA can meet its own inspection goals, whether those goals afford timely warning of an ability to account for a bomb’s worth of nuclear material, as required by United States law, and what corrective actions, if any, might help the IAEA to achieve its inspection goals. This assessment should also clarify those instances in which achieving the goals is not possible.CommentsClose CommentsPermalink
(3) The United States should work with the IAEA Director General to provide for the acquisition and implementation of near-real-time surveillance equipment at a number of sites where nuclear fuel rods are located and where such equipment must be installed so that the IAEA can establish the inspection continuity of the fresh and spent fuel rods and to install wide-area surveillance needed to monitor activities under the Additional Protocol.CommentsClose CommentsPermalink
(4) The United States should work with the IAEA Director General to promote much-needed transparency at suspect sites, to help deter transfers of nuclear fuel and nuclear weapons technology, and to encourage IAEA member states to maintain a registry of all foreign visitors at safeguarded sites. This registry should be made available to other IAEA members upon request.CommentsClose CommentsPermalink
(5) The United States should work with the IAEA Director General to establish a complete country-by-country inventory of nuclear materials that could be used to make nuclear bombs. The information should be shared, as appropriate, with individual IAEA member states and the public to ensure that it can be used effectively in developing the plan for IAEA safeguards. The IAEA should update the database regularly.CommentsClose CommentsPermalink
(6) The United States should work with the IAEA Director General to require that the transfer of all items on the Nuclear Suppliers Group dual-use and trigger lists be reported to the IAEA or relevant authority and assist in developing a system to process and analyze the information gathered, making unreported transfers illegal and subject to seizure.CommentsClose CommentsPermalink
(b) Report- 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 and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report on progress toward the implementation of this section.CommentsClose CommentsPermalink
SEC. 417. ASIA-PACIFIC ECONOMIC COOPERATION.
(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the United States’ continued engagement in Asia must be a cornerstone of United States foreign policy in the 21st Century;CommentsClose CommentsPermalink
(2) the President must elevate the role of the United States in the Asia-Pacific Economic Cooperation forum (APEC) by ensuring that United States Government officials of the appropriate rank attend APEC activities; andCommentsClose CommentsPermalink
(3) increased participation by United States small businesses, particularly manufacturers, will add substantial benefit to APEC discussions and help strengthen the influence of the United States within APEC.CommentsClose CommentsPermalink
(b) Small Business Defined- In this section, the term ‘small business’ shall have the meaning given the term ‘small business concern’ in section 410(9) of the Small Business Investment Act of 1958 (
(c) United States Participation at APEC-CommentsClose CommentsPermalink
(1) DESIGNATION OF APEC COORDINATORS- The President shall designate in appropriate departments and agencies an existing official of appropriate senior rank to serve as each such department’s or agency’s ‘APEC Coordinator’.CommentsClose CommentsPermalink
(2) DUTIES OF APEC COORDINATORS-CommentsClose CommentsPermalink
(A) IN GENERAL- The APEC Coordinators of the appropriate departments and agencies designated in accordance with paragraph (1) shall, in consultation with the United States Ambassador to APEC, set department- and agency-wide guidelines for each such department’s or agency’s participation at APEC.CommentsClose CommentsPermalink
(B) REPORT- Not later than 180 days after the date of the enactment of this Act and annually thereafter, the Secretary of State, with input from each APEC Coordinator, shall submit to the appropriate congressional committees a report on efforts to enhance each department’s and agency’s participation at APEC.CommentsClose CommentsPermalink
(d) Enhancing Small Business Participation at APEC-CommentsClose CommentsPermalink
(1) DESIGNATION OF SMALL BUSINESS LIAISON- The Secretary of State shall designate an existing officer within the Bureau of East Asian and Pacific Affairs to serve as a ‘Small Business Liaison’. Such designee shall be of the appropriate senior rank.CommentsClose CommentsPermalink
(2) DEPARTMENT OF STATE WEBSITE- The Secretary of State shall post on the website of the Department of State a dedicated page for United States small businesses to facilitate direct communication between the United States Government and the business community concerning APEC.CommentsClose CommentsPermalink
(3) COORDINATION- The Secretary of State shall coordinate with existing private sector partners and relevant business associations to promote participation by small businesses at APEC. The Secretary shall ensure that notices about meetings and briefings provided by United States APEC officials on APEC-related issues are posted on the website of the Department of State (in accordance with paragraph (2)) not later than 15 days before the dates of such meetings and briefings.CommentsClose CommentsPermalink
(e) Report on Hosting of APEC 2011 in the United States- 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 report detailing the mechanisms that are in place or are being considered for hosting the 2011 meeting of APEC in the United States, including an analysis of the estimated or projected costs associated with such meetings.CommentsClose CommentsPermalink
SEC. 418. IMPLEMENTING AN INTERNATIONAL NUCLEAR FUEL BANK.
It is the sense of Congress that, not later than 120 after the date of the enactment of this Act, the Secretary of State should appoint a coordinator to help implement the International Nuclear Fuel Bank to ensure that countries have a supply of fuel for nuclear energy and do not have to enrich their own uranium.CommentsClose CommentsPermalink
TITLE V--UNITED STATES INTERNATIONAL BROADCASTINGCommentsClose CommentsPermalink
TITLE V--UNITED STATES INTERNATIONAL BROADCASTINGCommentsClose CommentsPermalink
SEC. 501. AUTHORIZATION OF APPROPRIATIONS FOR INTERNATIONAL BROADCASTING.
The following amounts are authorized to be appropriated to carry out United States international broadcasting activities under the United States Information and Educational Exchange Act of 1948, the Radio Broadcasting to Cuba Act, the Television Broadcasting to Cuba Act, the United States International Broadcasting Act of 1994, and the Foreign Affairs Reform and Restructuring Act of 1998, and to carry out other authorities in law consistent with such purposes:CommentsClose CommentsPermalink
(1) For ‘International Broadcasting Operations’, $732,187,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
(2) For ‘Broadcasting Capital Improvements’, $13,263,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.CommentsClose CommentsPermalink
SEC. 502. PERSONAL SERVICES CONTRACTING PROGRAM.
Section 504 of the Foreign Relations Authorization Act, Fiscal Year 2003, (
(1) in the section heading, by striking ‘pilot’;CommentsClose CommentsPermalink
(2) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking ‘pilot’; andCommentsClose CommentsPermalink
(B) adding at the end the following new sentence: ‘An individual hired as a personal service contractor pursuant to this section shall not, by virtue of such hiring, be considered to be an employee of the United States Government for purposes of any law administered by the Office of Personnel Management.’;CommentsClose CommentsPermalink
(3) in subsection (b)--CommentsClose CommentsPermalink
(A) in paragraph (4), by striking ‘60’ and inserting ‘125’; andCommentsClose CommentsPermalink
(B) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(5) The annual salary rate for personal services contractors may not exceed the rate for level IV of the Executive Schedule.’; andCommentsClose CommentsPermalink
(4) in subsection (c), by striking ‘2009’ and inserting ‘2011’.CommentsClose CommentsPermalink
SEC. 503. RADIO FREE EUROPE/RADIO LIBERTY PAY PARITY.
Section 308(h)(1)(C) of the United States International Broadcasting Act of 1994 (
(1) by inserting ‘and one employee abroad’ after ‘D.C.’;CommentsClose CommentsPermalink
(2) by striking ‘III’ and inserting ‘II’; andCommentsClose CommentsPermalink
(3) by striking ‘5314’ and inserting ‘5313’.CommentsClose CommentsPermalink
SEC. 504. EMPLOYMENT FOR INTERNATIONAL BROADCASTING.
Section 804(1) of the United States Information and Educational Exchange Act of 1948 (
SEC. 505. DOMESTIC RELEASE OF THE VOICE OF AMERICA FILM ENTITLED ‘A FATEFUL HARVEST’.
(a) In General- Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (
(b) Domestic Release- Upon evidence that necessary United States rights and licenses have been secured by the person seeking domestic release of the film referred to in subsection (a), the Archivist shall--CommentsClose CommentsPermalink
(1) deposit the film in the National Archives of the United States; andCommentsClose CommentsPermalink
(2) make copies of the film available for purchase and public viewing within the United States.CommentsClose CommentsPermalink
SEC. 506. ESTABLISHING PERMANENT AUTHORITY FOR RADIO FREE ASIA.
Section 309 of the United States International Broadcasting Act of 1994 (
(1) in subsection (c)(2), by striking ‘, and shall further specify that funds to carry out the activities of Radio Free Asia may not be available after September 30, 2010’;CommentsClose CommentsPermalink
(2) by striking subsection (f); andCommentsClose CommentsPermalink
(3) by redesignating subsections (g) and (h) as subsection (f) and (g), respectively.CommentsClose CommentsPermalink
TITLE VI--PEACE CORPSCommentsClose CommentsPermalink
TITLE VI--PEACE CORPSCommentsClose CommentsPermalink
SEC. 601. FINDINGS; STATEMENT OF POLICY.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) On October 14, 1960, then Senator John F. Kennedy addressed students on the steps of the University of Michigan Union to enlist their effort to make the world a better place by serving their country abroad.CommentsClose CommentsPermalink
(2) On March 1, 1961, then President John F. Kennedy signed an Executive Order establishing a Peace Corps that was ‘designed to permit our people to exercise more fully their responsibilities in the great common cause of world development’.CommentsClose CommentsPermalink
(3) Since its establishment, the Peace Corps has been guided by its mission to promote world peace and friendship and has sought to fulfill the following three goals:CommentsClose CommentsPermalink
(A) To help the people of interested countries in meeting their needs for trained men and women.CommentsClose CommentsPermalink
(B) To promote a better understanding of Americans on the part of the peoples served.CommentsClose CommentsPermalink
(C) To help promote a better understanding of other peoples on the part of Americans.CommentsClose CommentsPermalink
(4) Over the last 48 years, nearly 200,000 Peace Corps volunteers have served in 139 countries.CommentsClose CommentsPermalink
(5) The Peace Corps is the world’s premier international service organization dedicated to promoting sustainable grassroots development by working with host communities in the areas of agriculture, business development, education, the environment, health and HIV/AIDS, and youth.CommentsClose CommentsPermalink
(6) The Peace Corps remains committed to sending well trained and well supported Peace Corps volunteers overseas to promote peace, friendship, cross-cultural awareness, and mutual understanding between the United States and other countries. The Peace Corps has an impressive record of engendering good will through the service that American volunteers provide.CommentsClose CommentsPermalink
(7) Recognizing the Peace Corps’ unique and effective role in promoting volunteer service by American citizens, President Obama and Vice President Biden announced their intent to double the size of Peace Corps in an expeditious and effective manner.CommentsClose CommentsPermalink
(8) Over 13,000 Americans applied in 2008 to volunteer their service to serve the world’s poorest communities in the Peace Corps, a 16 percent increase over the nearly 11,000 applications received in 2007.CommentsClose CommentsPermalink
(9) Under current funding levels, the Peace Corps is able to provide new placements for only one-third of the American applicants seeking the opportunity to serve their country and the world. At the end of fiscal year 2008, there were nearly 8,000 Peace Corps volunteers serving in 76 countries around the world.CommentsClose CommentsPermalink
(b) Statement of Policy- It is the policy of the United States to--CommentsClose CommentsPermalink
(1) double the number of Peace Corps volunteers and strengthen and improve the Peace Corps and its programs;CommentsClose CommentsPermalink
(2) improve the coordination of Peace Corps programs with development programs of other Federal departments and agencies, without diminishing the independence of the Peace Corps; andCommentsClose CommentsPermalink
(3) promote all types of volunteerism by Americans in the developing world.CommentsClose CommentsPermalink
SEC. 602. AMENDMENTS TO THE PEACE CORPS ACT.
(a) Peace Corps Response Program- The Peace Corps Act (
‘SEC. 5A. PEACE CORPS RESPONSE PROGRAM.
‘The Director of the Peace Corps is authorized to establish a special program that assigns returned Peace Corps volunteers or other volunteers to provide short-term development or other relief assistance or to otherwise be assigned or made available to any entity referred to in subsection (a)(1) of section 10. The term of such service shall be less than the term of service of a volunteer under section 5. Except to the extent determined necessary and appropriate by the Director, the program established under this section may not cause a diminution in the number or quality of projects or volunteers assigned to longer term assignments under section 5.’.CommentsClose CommentsPermalink
(b) Coordination of Peace Corps Programs- Paragraph (2) of section 4(c) of the Peace Corps Act (
) is amended to read as follows:CommentsClose CommentsPermalink 22 U.S.C. 2503(c) ‘(2) The Director of the Peace Corps shall, as appropriate and to the maximum extent practicable without diminishing any program or operational independence, work with the heads of Federal departments and agencies to identify synergies and avoid duplication of efforts with Peace Corps programs in the field and at headquarters.’.CommentsClose CommentsPermalink
(c) Readjustment Allowance- Subsection (c) of section 5 of the Peace Corps Act (
) is amended, in the first sentence, by striking ‘$125’ and inserting ‘$225’.CommentsClose CommentsPermalink 22 U.S.C. 2504(c) (d) Authorization of Appropriations- Section 3(b)(1) of the Peace Corps Act (
) is amended by striking ‘$270,000,000’ and all that follows through the period at the end and inserting the following: ‘$450,000,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.’.CommentsClose CommentsPermalink 22 U.S.C. 2502(b)(1)
SEC. 603. REPORT.
(a) Peace Corps Response Program Report- Not later than 1 year after the date of the enactment of this Act, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on the Peace Corps Response Program or any similar program developed under in accordance with section 5A of the Peace Corps Act (as added by section 602(a) of this Act), including information on the following:CommentsClose CommentsPermalink
(1) The achievements and challenges of the Peace Corps Response Program or any similar program since its inception as the Peace Corps Crisis Corps in 1996.CommentsClose CommentsPermalink
(2) The goals, objectives, program areas, and growth projections for the Peace Corps Response Program or any similar program from fiscal year 2010 through fiscal year 2011.CommentsClose CommentsPermalink
(3) The process and standards for selecting partner organizations and projects for the Peace Corps Response Program or any similar program.CommentsClose CommentsPermalink
(4) The standards and requirements used to select volunteers for service under the Peace Corps Response Program or any similar program.CommentsClose CommentsPermalink
(5) The measures used to evaluate projects of the Peace Corps Response Program or any similar program and the effectiveness of volunteers assigned to such Program or similar program at achieving identified objectives.CommentsClose CommentsPermalink
(b) Annual Reports- Not later than 1 year after the date of the enactment of this Act and annually thereafter, the Director of the Peace Corps shall submit to the appropriate congressional committees a report on progress made in carrying out this title, including efforts to strengthen coordination between the Peace Corps and other Federal departments and agencies carrying out development assistance programs (as required under paragraph (2) of section 4(c) of the Peace Corps Act (
TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009CommentsClose CommentsPermalink
TITLE VII--SENATOR PAUL SIMON STUDY ABROAD FOUNDATION ACT OF 2009CommentsClose CommentsPermalink
SEC. 701. SHORT TITLE.
This title may be cited as the ‘Senator Paul Simon Study Abroad Foundation Act of 2009’.CommentsClose CommentsPermalink
SEC. 702. FINDINGS.
Congress makes the following findings:CommentsClose CommentsPermalink
(1) According to former President George W. Bush, ‘America’s leadership and national security rest on our commitment to educate and prepare our youth for active engagement in the international community.’.CommentsClose CommentsPermalink
(2) According to former President William J. Clinton, ‘Today, the defense of United States interests, the effective management of global issues, and even an understanding of our Nation’s diversity require ever-greater contact with, and understanding of, people and cultures beyond our borders.’.CommentsClose CommentsPermalink
(3) Congress authorized the establishment of the Commission on the Abraham Lincoln Study Abroad Fellowship Program pursuant to section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division h of
(4) According to the Lincoln Commission, ‘[s]tudy abroad is one of the major means of producing foreign language speakers and enhancing foreign language learning’ and, for that reason, ‘is simply essential to the [N]ation’s security.’.CommentsClose CommentsPermalink
(5) Studies consistently show that United States students score below their counterparts in other advanced countries on indicators of international knowledge. This lack of global literacy is a national liability in an age of global trade and business, global interdependence, and global terror.CommentsClose CommentsPermalink
(6) Americans believe that it is important for their children to learn other languages, study abroad, attend a college where they can interact with international students, learn about other countries and cultures, and generally be prepared for the global age.CommentsClose CommentsPermalink
(7) In today’s world, it is more important than ever for the United States to be a responsible, constructive leader that other countries are willing to follow. Such leadership cannot be sustained without an informed citizenry with significant knowledge and awareness of the world.CommentsClose CommentsPermalink
(8) Study abroad has proven to be a very effective means of imparting international and foreign language competency to students.CommentsClose CommentsPermalink
(9) In any given year, only approximately 1 percent of all students enrolled in United States institutions of higher education study abroad.CommentsClose CommentsPermalink
(10) Less than 10 percent of the students who graduate from United States institutions of higher education with bachelors degrees have studied abroad.CommentsClose CommentsPermalink
(11) Far more study abroad must take place in developing countries. Ninety-five percent of the world’s population growth over the next 50 years will occur outside of Europe, yet in the academic year 2004-2005, 60 percent of United States students studying abroad studied in Europe, and 45 percent studied in four countries--the United Kingdom, Italy, Spain, and France.CommentsClose CommentsPermalink
(12) The Final Report of the National Commission on Terrorist Attacks Upon the United States (the 9/11 Commission Report) recommended that the United States increase support for ‘scholarship, exchange, and library programs’. The 9/11 Public Discourse Project, successor to the 9/11 Commission, noted in its November 14, 2005, status report that this recommendation was ‘unfulfilled,’ and stated that ‘[t]he U.S. should increase support for scholarship and exchange programs, our most powerful tool to shape attitudes over the course of a generation.’. In its December 5, 2005, Final Report on the 9/11 Commission Recommendations, the 9/11 Public Discourse Project gave the government a grade of ‘D’ for its implementation of this recommendation.CommentsClose CommentsPermalink
(13) Investing in a national study abroad program would help turn a grade of ‘D’ into an ‘A’ by equipping United States students to communicate United States values and way of life through the unique dialogue that takes place among citizens from around the world when individuals study abroad.CommentsClose CommentsPermalink
(14) An enhanced national study abroad program could help further the goals of other United States Government initiatives to promote educational, social, and political reform and the status of women in developing and reforming societies around the world, such as the Middle East Partnership Initiative.CommentsClose CommentsPermalink
(15) To complement such worthwhile Federal programs and initiatives as the Benjamin A. Gilman International Scholarship Program, the National Security Education Program, and the National Security Language Initiative, a broad-based undergraduate study abroad program is needed that will make many more study abroad opportunities accessible to all undergraduate students, regardless of their field of study, ethnicity, socio-economic status, or gender.CommentsClose CommentsPermalink
(16) To restore America’s standing in the world, President Barack Obama has said that he will call on our nation’s greatest resource, our people, to reach out to and engage with other nations.CommentsClose CommentsPermalink
SEC. 703. PURPOSES.
The purposes of this title are--CommentsClose CommentsPermalink
(1) to significantly enhance the global competitiveness and international knowledge base of the United States by ensuring that more United States students have the opportunity to acquire foreign language skills and international knowledge through significantly expanded study abroad;CommentsClose CommentsPermalink
(2) to enhance the foreign policy capacity of the United States by significantly expanding and diversifying the talent pool of individuals with non-traditional foreign language skills and cultural knowledge in the United States who are available for recruitment by United States foreign affairs agencies, legislative branch agencies, and nongovernmental organizations involved in foreign affairs activities;CommentsClose CommentsPermalink
(3) to ensure that an increasing portion of study abroad by United States students will take place in nontraditional study abroad destinations such as the People’s Republic of China, countries of the Middle East region, and developing countries; andCommentsClose CommentsPermalink
(4) to create greater cultural understanding of the United States by exposing foreign students and their families to United States students in countries that have not traditionally hosted large numbers of United States students.CommentsClose CommentsPermalink
SEC. 704. DEFINITIONS.
In this title:CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; andCommentsClose CommentsPermalink
(B) the Committee on Foreign Relations and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink
(2) BOARD- The term ‘Board’ means the Board of Directors of the Foundation established pursuant to section 705(d).CommentsClose CommentsPermalink
(3) CHIEF EXECUTIVE OFFICER- The term ‘Chief Executive Officer’ means the chief executive officer of the Foundation appointed pursuant to section 705(c).CommentsClose CommentsPermalink
(4) FOUNDATION- The term ‘Foundation’ means the Senator Paul Simon Study Abroad Foundation established by section 705(a).CommentsClose CommentsPermalink
(5) INSTITUTION OF HIGHER EDUCATION- The term ‘institution of higher education’ has the meaning given the term in section 101(a) of the Higher Education Act of 1965 (
(6) NATIONAL OF THE UNITED STATES- The term ‘national of the United States’ means a national of the United States or an alien lawfully admitted for permanent residence (as those terms are defined in section 101 of the Immigration and Nationality Act (
(7) NONTRADITIONAL STUDY ABROAD DESTINATION- The term ‘nontraditional study abroad destination’ means a location that is determined by the Foundation to be a less common destination for United States students who study abroad.CommentsClose CommentsPermalink
(8) STUDY ABROAD- The term ‘study abroad’ means an educational program of study, work, research, internship, or combination thereof that is conducted outside the United States and that carries academic credit toward fulfilling the participating student’s degree requirements.CommentsClose CommentsPermalink
(9) UNITED STATES- The term ‘United States’ means any of the several States, the District of Columbia, Puerto Rico, the Northern Mariana Islands, the Virgin Islands, Guam, American Samoa, and any other territory or possession of the United States.CommentsClose CommentsPermalink
(10) UNITED STATES STUDENT- The term ‘United States student’ means a national of the United States who is enrolled at an institution of higher education located within the United States.CommentsClose CommentsPermalink
SEC. 705. ESTABLISHMENT AND MANAGEMENT OF THE SENATOR PAUL SIMON STUDY ABROAD FOUNDATION.
(a) Establishment-CommentsClose CommentsPermalink
(1) IN GENERAL- There is established in the executive branch a corporation to be known as the ‘Senator Paul Simon Study Abroad Foundation’ that shall be responsible for carrying out this title. The Foundation shall be a government corporation, as defined in
(2) BOARD OF DIRECTORS- The Foundation shall be governed by a Board of Directors in accordance with subsection (d).CommentsClose CommentsPermalink
(3) INTENT OF CONGRESS- It is the intent of Congress in establishing the structure of the Foundation set forth in this subsection to create an entity that will administer a study abroad program that--CommentsClose CommentsPermalink
(A) serves the long-term foreign policy and national security needs of the United States; butCommentsClose CommentsPermalink
(B) operates independently of short-term political and foreign policy considerations.CommentsClose CommentsPermalink
(b) Mandate of Foundation- In administering the program referred to in subsection (a)(3), the Foundation shall--CommentsClose CommentsPermalink
(1) promote the objectives and purposes of this title;CommentsClose CommentsPermalink
(2) through responsive, flexible grant-making, promote access to study abroad opportunities by United States students at diverse institutions of higher education, including 2-year institutions, minority-serving institutions, and institutions that serve nontraditional students, and 4-year colleges and universities demonstrating an institutional commitment to increasing study abroad participation;CommentsClose CommentsPermalink
(3) through creative grant-making, promote access to study abroad opportunities by diverse United States students, including minority students, students of limited financial means, and nontraditional students;CommentsClose CommentsPermalink
(4) solicit funds from the private sector to supplement funds made available under this title; andCommentsClose CommentsPermalink
(5) minimize administrative costs and maximize the availability of funds for grants under this title.CommentsClose CommentsPermalink
(c) Chief Executive Officer-CommentsClose CommentsPermalink
(1) IN GENERAL- There shall be in the Foundation a Chief Executive Officer who shall be responsible for the management of the Foundation.CommentsClose CommentsPermalink
(2) APPOINTMENT- The Chief Executive Officer shall be appointed by the Board and shall be a recognized leader in higher education, business, or foreign policy, chosen on the basis of a rigorous search.CommentsClose CommentsPermalink
(3) RELATIONSHIP TO BOARD- The Chief Executive Officer shall report to and be under the direct authority of the Board.CommentsClose CommentsPermalink
(4) COMPENSATION AND RANK-CommentsClose CommentsPermalink
(A) IN GENERAL- The Chief Executive Officer shall be compensated at the rate provided for level IV of the Executive Schedule under
(B) AMENDMENT-
‘Chief Executive Officer, Senator Paul Simon Study Abroad Foundation.’.CommentsClose CommentsPermalink
(5) AUTHORITIES AND DUTIES- The Chief Executive Officer shall be responsible for the management of the Foundation and shall exercise the powers and discharge the duties of the Foundation.CommentsClose CommentsPermalink
(6) AUTHORITY TO APPOINT OFFICERS- In consultation and with approval of the Board, the Chief Executive Officer shall appoint all officers of the Foundation.CommentsClose CommentsPermalink
(d) Board of Directors-CommentsClose CommentsPermalink
(1) ESTABLISHMENT- There shall be in the Foundation a Board of Directors.CommentsClose CommentsPermalink
(2) DUTIES- The Board shall perform the functions specified to be carried out by the Board in this title and may prescribe, amend, and repeal by-laws, rules, regulations, and procedures governing the manner in which the business of the Foundation may be conducted and in which the powers granted to it by law may be exercised.CommentsClose CommentsPermalink
(3) MEMBERSHIP- The Board shall consist of--CommentsClose CommentsPermalink
(A) the Secretary of State (or the Secretary’s designee), the Secretary of Education (or the Secretary’s designee), the Secretary of Defense (or the Secretary’s designee), and the Administrator of the United States Agency for International Development (or the Administrator’s designee); andCommentsClose CommentsPermalink
(B) five other individuals with relevant experience in matters relating to study abroad (such as individuals who represent institutions of higher education, business organizations, foreign policy organizations, or other relevant organizations) who shall be appointed by the President, by and with the advice and consent of the Senate, of which--CommentsClose CommentsPermalink
(i) one individual shall be appointed from among a list of individuals submitted by the Speaker of the House of Representatives;CommentsClose CommentsPermalink
(ii) one individual shall be appointed from among a list of individuals submitted by the minority leader of the House of Representatives;CommentsClose CommentsPermalink
(iii) one individual shall be appointed from among a list of individuals submitted by the majority leader of the Senate; andCommentsClose CommentsPermalink
(iv) one individual shall be appointed from among a list of individuals submitted by the minority leader of the Senate.CommentsClose CommentsPermalink
(4) CHIEF EXECUTIVE OFFICER- The Chief Executive Officer of the Foundation shall serve as a non-voting, ex-officio member of the Board.CommentsClose CommentsPermalink
(5) TERMS-CommentsClose CommentsPermalink
(A) OFFICERS OF THE FEDERAL GOVERNMENT- Each member of the Board described in paragraph (3)(A) shall serve for a term that is concurrent with the term of service of the individual’s position as an officer within the other Federal department or agency.CommentsClose CommentsPermalink
(B) OTHER MEMBERS- Each member of the Board described in paragraph (3)(B) shall be appointed for a term of 3 years and may be reappointed for one additional 3-year term.CommentsClose CommentsPermalink
(C) VACANCIES- A vacancy in the Board shall be filled in the manner in which the original appointment was made.CommentsClose CommentsPermalink
(6) CHAIRPERSON- There shall be a Chairperson of the Board. The Secretary of State (or the Secretary’s designee) shall serve as the Chairperson.CommentsClose CommentsPermalink
(7) QUORUM- A majority of the members of the Board described in paragraph (3) shall constitute a quorum, which, except with respect to a meeting of the Board during the 135-day period beginning on the date of the enactment of this Act, shall include at least one member of the Board described in paragraph (3)(B).CommentsClose CommentsPermalink
(8) MEETINGS- The Board shall meet at the call of the Chairperson.CommentsClose CommentsPermalink
(9) COMPENSATION-CommentsClose CommentsPermalink
(A) OFFICERS OF THE FEDERAL GOVERNMENT-CommentsClose CommentsPermalink
(i) IN GENERAL- A member of the Board described in paragraph (3)(A) may not receive additional pay, allowances, or benefits by reason of the member’s service on the Board.CommentsClose CommentsPermalink
(ii) TRAVEL EXPENSES- Each such member of the Board shall receive travel expenses, including per diem in lieu of subsistence, in accordance with applicable provisions under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
(B) OTHER MEMBERS-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), a member of the Board described in paragraph (3)(B) while away from the member’s home or regular place of business on necessary travel in the actual performance of duties as a member of the Board, shall be paid per diem, travel, and transportation expenses in the same manner as is provided under subchapter I of chapter 57 of title 5, United States Code.CommentsClose CommentsPermalink
(ii) LIMITATION- A member of the Board may not be paid compensation under clause (i) for more than 90 days in any calendar year.CommentsClose CommentsPermalink
SEC. 706. ESTABLISHMENT AND OPERATION OF PROGRAM.
(a) Establishment of the Program- There is hereby established a program, which shall--CommentsClose CommentsPermalink
(1) be administered by the Foundation; andCommentsClose CommentsPermalink
(2) award grants to--CommentsClose CommentsPermalink
(A) United States students for study abroad;CommentsClose CommentsPermalink
(B) nongovernmental institutions that provide and promote study abroad opportunities for United States students, in consortium with institutions described in subparagraph (C); andCommentsClose CommentsPermalink
(C) institutions of higher education, individually or in consortium, in order to accomplish the objectives set forth in subsection (b).CommentsClose CommentsPermalink
(b) Objectives- The objectives of the program established under subsection (a) are that, within 10 years of the date of the enactment of this Act--CommentsClose CommentsPermalink
(1) not less than 1,000,000 undergraduate United States students will study abroad annually for credit;CommentsClose CommentsPermalink
(2) the demographics of study-abroad participation will reflect the demographics of the United States undergraduate population, including students enrolled in community colleges, minority-serving institutions, and institutions serving large numbers of low-income and first-generation students; andCommentsClose CommentsPermalink
(3) an increasing portion of study abroad will take place in nontraditional study abroad destinations, with a substantial portion of such increases taking place in developing countries.CommentsClose CommentsPermalink
(c) Mandate of the Program- In order to accomplish the objectives set forth in subsection (b), the Foundation shall, in administering the program established under subsection (a), take fully into account the recommendations of the Commission on the Abraham Lincoln Study Abroad Fellowship Program (established pursuant to section 104 of the Miscellaneous Appropriations and Offsets Act, 2004 (division H of
(d) Structure of Grants-CommentsClose CommentsPermalink
(1) PROMOTING REFORM- In accordance with the recommendations of the Commission on the Abraham Lincoln Study Abroad Fellowship Program, grants awarded under the program established under subsection (a) shall be structured to the maximum extent practicable to promote appropriate reforms in institutions of higher education in order to remove barriers to participation by students in study abroad.CommentsClose CommentsPermalink
(2) GRANTS TO INDIVIDUALS AND INSTITUTIONS- It is the sense of Congress that--CommentsClose CommentsPermalink
(A) the Foundation should award not more than 25 percent of the funds awarded as grants to individuals described in subparagraph (A) of subsection (a)(2) and not less than 75 percent of such funds to institutions described in subparagraphs (B) and (C) of such subsection; andCommentsClose CommentsPermalink
(B) the Foundation should ensure that not less than 85 percent of the amount awarded to such institutions is used to award scholarships to students.CommentsClose CommentsPermalink
(e) Balance of Long-Tterm and Short-Tterm Study Abroad Programs- In administering the program established under subsection (a), the Foundation shall seek an appropriate balance between--CommentsClose CommentsPermalink
(1) longer-term study abroad programs, which maximize foreign-language learning and intercultural understanding; andCommentsClose CommentsPermalink
(2) shorter-term study abroad programs, which maximize the accessibility of study abroad to nontraditional students.CommentsClose CommentsPermalink
(f) Quality and Safety in Study Abroad- In administering the program established under subsection (a), the Foundation shall require that institutions receiving grants demonstrate that--CommentsClose CommentsPermalink
(1) the study abroad programs for which students receive grant funds are for academic credit; andCommentsClose CommentsPermalink
(2) the programs have established health and safety guidelines and procedures.CommentsClose CommentsPermalink
SEC. 707. ANNUAL REPORT.
(a) Report Required- Not later than December 15, 2010, and each December 15 thereafter, the Foundation shall submit to the appropriate congressional committees a report on the implementation of this title during the prior fiscal year.CommentsClose CommentsPermalink
(b) Contents- The report required by subsection (a) shall include--CommentsClose CommentsPermalink
(1) the total financial resources available to the Foundation during the year, including appropriated funds, the value and source of any gifts or donations accepted pursuant to section 708(a)(6), and any other resources;CommentsClose CommentsPermalink
(2) a description of the Board’s policy priorities for the year and the bases upon which grant proposals were solicited and awarded to institutions of higher education, nongovernmental institutions, and consortiums pursuant to sections 706(a)(2)(B) and 706(a)(2)(C);CommentsClose CommentsPermalink
(3) a list of grants made to institutions of higher education, nongovernmental institutions, and consortiums pursuant to sections 706(a)(2)(B) and 706(a)(2)(C) that includes the identity of the institutional recipient, the dollar amount, the estimated number of study abroad opportunities provided to United States students by each grant, the amount of the grant used by each institution for administrative expenses, and information on cost-sharing by each institution receiving a grant;CommentsClose CommentsPermalink
(4) a description of the bases upon which the Foundation made grants directly to United States students pursuant to section 706(a)(2)(A);CommentsClose CommentsPermalink
(5) the number and total dollar amount of grants made directly to United States students by the Foundation pursuant to section 706(a)(2)(A); andCommentsClose CommentsPermalink
(6) the total administrative and operating expenses of the Foundation for the year, as well as specific information on--CommentsClose CommentsPermalink
(A) the number of Foundation employees and the cost of compensation for Board members, Foundation employees, and personal service contractors;CommentsClose CommentsPermalink
(B) costs associated with securing the use of real property for carrying out the functions of the Foundation;CommentsClose CommentsPermalink
(C) total travel expenses incurred by Board members and Foundation employees in connection with Foundation activities; andCommentsClose CommentsPermalink
(D) total representational expenses.CommentsClose CommentsPermalink
SEC. 708. POWERS OF THE FOUNDATION; RELATED PROVISIONS.
(a) Powers- The Foundation--CommentsClose CommentsPermalink
(1) shall have perpetual succession unless dissolved by a law enacted after the date of the enactment of this Act;CommentsClose CommentsPermalink
(2) may adopt, alter, and use a seal, which shall be judicially noticed;CommentsClose CommentsPermalink
(3) may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Foundation;CommentsClose CommentsPermalink
(4) may determine and prescribe the manner in which its obligations shall be incurred and its expenses allowed and paid, including expenses for representation;CommentsClose CommentsPermalink
(5) may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out the functions of the Foundation;CommentsClose CommentsPermalink
(6) may accept cash gifts or donations of services or of property (real, personal, or mixed), tangible or intangible, for the purpose of carrying out the provisions of this title;CommentsClose CommentsPermalink
(7) may use the United States mails in the same manner and on the same conditions as the executive departments;CommentsClose CommentsPermalink
(8) may contract with individuals for personal services, who shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management;CommentsClose CommentsPermalink
(9) may hire or obtain passenger motor vehicles; andCommentsClose CommentsPermalink
(10) shall have such other powers as may be necessary and incident to carrying out this title.CommentsClose CommentsPermalink
(b) Principal Office- The Foundation shall maintain its principal office in the metropolitan area of Washington, District of Columbia.CommentsClose CommentsPermalink
(c) Applicability of Government Corporation Control Act-CommentsClose CommentsPermalink
(1) IN GENERAL- The Foundation shall be subject to chapter 91 of subtitle VI of title 31, United States Code, except that the Foundation shall not be authorized to issue obligations or offer obligations to the public.CommentsClose CommentsPermalink
(2) CONFORMING AMENDMENT-
‘(S) the Senator Paul Simon Study Abroad Foundation.’.CommentsClose CommentsPermalink
(d) Inspector General-CommentsClose CommentsPermalink
(1) IN GENERAL- The Inspector General of the Department of State shall serve as Inspector General of the Foundation, and, in acting in such capacity, may conduct reviews, investigations, and inspections of all aspects of the operations and activities of the Foundation.CommentsClose CommentsPermalink
(2) AUTHORITY OF THE BOARD- In carrying out the responsibilities under this subsection, the Inspector General shall report to and be under the general supervision of the Board.CommentsClose CommentsPermalink
(3) REIMBURSEMENT AND AUTHORIZATION OF SERVICES-CommentsClose CommentsPermalink
(A) REIMBURSEMENT- The Foundation shall reimburse the Department of State for all expenses incurred by the Inspector General in connection with the Inspector General’s responsibilities under this subsection.CommentsClose CommentsPermalink
(B) AUTHORIZATION FOR SERVICES- Of the amount authorized to be appropriated under section 711(a) for a fiscal year, up to $2,000,000 is authorized to be made available to the Inspector General of the Department of State to conduct reviews, investigations, and inspections of operations and activities of the Foundation.CommentsClose CommentsPermalink
SEC. 709. GENERAL PERSONNEL AUTHORITIES.
(a) Detail of Personnel- Upon request of the Chief Executive Officer, the head of an agency may detail any employee of such agency to the Foundation on a reimbursable basis. Any employee so detailed remains, for the purpose of preserving such employee’s allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed.CommentsClose CommentsPermalink
(b) Reemployment Rights-CommentsClose CommentsPermalink
(1) IN GENERAL- An employee of an agency who is serving under a career or career conditional appointment (or the equivalent), and who, with the consent of the head of such agency, transfers to the Foundation, is entitled to be reemployed in such employee’s former position or a position of like seniority, status, and pay in such agency, if such employee--CommentsClose CommentsPermalink
(A) is separated from the Foundation for any reason, other than misconduct, neglect of duty, or malfeasance; andCommentsClose CommentsPermalink
(B) applies for reemployment not later than 90 days after the date of separation from the Foundation.CommentsClose CommentsPermalink
(2) SPECIFIC RIGHTS- An employee who satisfies paragraph (1) is entitled to be reemployed (in accordance with such paragraph) within 30 days after applying for reemployment and, on reemployment, is entitled to at least the rate of basic pay to which such employee would have been entitled had such employee never transferred.CommentsClose CommentsPermalink
(c) Hiring Authority- Of persons employed by the Foundation, not to exceed 20 persons may be appointed, compensated, or removed without regard to the civil service laws and regulations.CommentsClose CommentsPermalink
(d) Basic Pay- The Chief Executive Officer may fix the rate of basic pay of employees of the Foundation without regard to the provisions of chapter 51 of title 5, United States Code (relating to the classification of positions), subchapter III of chapter 53 of such title (relating to General Schedule pay rates), except that no employee of the Foundation may receive a rate of basic pay that exceeds the rate for level IV of the Executive Schedule under section 5315 of such title.CommentsClose CommentsPermalink
(e) Definitions- In this section--CommentsClose CommentsPermalink
(1) the term ‘agency’ means an executive agency, as defined by
(2) the term ‘detail’ means the assignment or loan of an employee, without a change of position, from the agency by which such employee is employed to the Foundation.CommentsClose CommentsPermalink
SEC. 710. GAO REVIEW.
(a) Review Required- Not later than 2 years after the date of the enactment of this Act, the Comptroller General of the United States shall commence a review of the operations of the Foundation.CommentsClose CommentsPermalink
(b) Content- In conducting the review required under subsection (a), the Comptroller General shall analyze--CommentsClose CommentsPermalink
(1) whether the Foundation is organized and operating in a manner that will permit it to fulfill the purposes of this section, as set forth in section 603;CommentsClose CommentsPermalink
(2) the degree to which the Foundation is operating efficiently and in a manner consistent with the requirements of paragraphs (4) and (5) of section 605(b);CommentsClose CommentsPermalink
(3) whether grant-making by the Foundation is being undertaken in a manner consistent with subsections (d), (e), and (f) of section 606;CommentsClose CommentsPermalink
(4) the extent to which the Foundation is using best practices in the implementation of this Act and the administration of the program described in section 606; andCommentsClose CommentsPermalink
(5) other relevant matters, as determined by the Comptroller General, after consultation with the appropriate congressional committees.CommentsClose CommentsPermalink
(c) Report Required- The Comptroller General shall submit a report on the results of the review conducted under subsection (a) to the Secretary of State (in the capacity of the Secretary as Chairperson of the Board of the Foundation) and to the appropriate congressional committees.CommentsClose CommentsPermalink
SEC. 711. AUTHORIZATION OF APPROPRIATIONS.
(a) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated to carry out this title $40,000,000 for fiscal year 2010 and $80,000,000 for fiscal year 2011.CommentsClose CommentsPermalink
(2) AMOUNTS IN ADDITION TO OTHER AVAILABLE AMOUNTS- Amounts authorized to be appropriated by paragraph (1) are in addition to amounts authorized to be appropriated or otherwise made available for educational exchange programs, including the J. William Fulbright Educational Exchange Program and the Benjamin A. Gilman International Scholarship Program, administered by the Bureau of Educational and Cultural Affairs of the Department of State.CommentsClose CommentsPermalink
(b) Allocation of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- The Foundation may allocate or transfer to any agency of the United States Government any of the funds available for carrying out this Act. Such funds shall be available for obligation and expenditure for the purposes for which the funds were authorized, in accordance with authority granted in this Act or under authority governing the activities of the United States Government agency to which such funds are allocated or transferred.CommentsClose CommentsPermalink
(2) NOTIFICATION- The Foundation shall notify the appropriate congressional committees not less than 15 days prior to an allocation or transfer of funds pursuant to paragraph (1).CommentsClose CommentsPermalink
TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCECommentsClose CommentsPermalink
TITLE VIII--EXPORT CONTROL REFORM AND SECURITY ASSISTANCECommentsClose CommentsPermalink
Subtitle A--Defense Trade Controls Performance Improvement Act of 2009CommentsClose CommentsPermalink
Subtitle A--Defense Trade Controls Performance Improvement Act of 2009CommentsClose CommentsPermalink
SEC. 801. SHORT TITLE.
This subtitle may be cited as the ‘Defense Trade Controls Performance Improvement Act of 2009’.CommentsClose CommentsPermalink
SEC. 802. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) In a time of international terrorist threats and a dynamic global economic and security environment, United States policy with regard to export controls is in urgent need of a comprehensive review in order to ensure such controls are protecting the national security and foreign policy interests of the United States.CommentsClose CommentsPermalink
(2) In January 2007, the Government Accountability Office designated the effective identification and protection of critical technologies as a government-wide, high-risk area, warranting a strategic reexamination of existing programs, including programs relating to arms export controls.CommentsClose CommentsPermalink
(3) Federal Government agencies must review licenses for export of munitions in a thorough and timely manner to ensure that the United States is able to assist United States allies and to prevent nuclear and conventional weapons from getting into the hands of enemies of the United States.CommentsClose CommentsPermalink
(4) Both staffing and funding that relate to the Department of State’s arms export control responsibilities have not kept pace with the increased workload relating to such responsibilities, especially during the current decade.CommentsClose CommentsPermalink
(5) Outsourcing and off-shoring of defense production and the policy of many United States trading partners to require offsets for major sales of defense and aerospace articles present a potential threat to United States national security and economic well-being and serve to weaken the defense industrial base.CommentsClose CommentsPermalink
(6) Export control policies can have a negative impact on United States employment, nonproliferation goals, and the health of the defense industrial base, particularly when facilitating the overseas transfer of technology or production and other forms of outsourcing, such as offsets (direct and indirect), co-production, subcontracts, overseas investment and joint ventures in defense and commercial industries. Federal Government agencies must develop new and effective procedures for ensuring that export control systems address these problems and the threat they pose to national security.CommentsClose CommentsPermalink
(7) In the report to Congress required by the Conference Report (Report 109-272) accompanying the bill, H.R. 2862 (the Science, State, Justice, Commerce and Related Agencies Appropriations Act, 2006;
(A) defense trade licensing has become much more complex in recent years as a consequence of the increasing globalization of the defense industry;CommentsClose CommentsPermalink
(B) the most important challenge to the Department of State’s licensing process has been the sheer growth in volume of applicants for licenses and agreements, without the corresponding increase in licensing officers; andCommentsClose CommentsPermalink
(C) the increase in licensing volume without a corresponding increase in trained and experienced personnel has resulted in delays and increased processing times.CommentsClose CommentsPermalink
(8) In 2006, the Department of State processed over three times as many licensing applications as the Department of Commerce with about a fifth of the staff of the Department of Commerce.CommentsClose CommentsPermalink
(9) On July 27, 2007, in testimony delivered to the Subcommittee on Terrorism, Nonproliferation and Trade of the Committee on Foreign Affairs of the House of Representatives to examine the effectiveness of the United States export control regime, the Government Accountability Office found that--CommentsClose CommentsPermalink
(A) the United States Government needs to conduct assessments to determine its overall effectiveness in the area of arms export control; andCommentsClose CommentsPermalink
(B) the processing times of the Department of State doubled over the period from 2002 to 2006.CommentsClose CommentsPermalink
(10)(A) Allowing a continuation of the status quo in resources for defense trade licensing could ultimately harm the United States defense industrial base. The 2007 Institute for Defense Analysis report entitled ‘Export Controls and the U.S. Defense Industrial Base’ found that the large backlog and long processing times by the Department of State for applications for licenses to export defense items led to an impairment of United States firms in some sectors to conduct global business relative to foreign competitors.CommentsClose CommentsPermalink
(B) Additionally, the report found that United States commercial firms have been reluctant to engage in research and development activities for the Department of Defense because this raises the future prospects that the products based on this research and development, even if intrinsically commercial, will be saddled by Department of State munitions controls due to the link to that research.CommentsClose CommentsPermalink
(11) According to the Department of State’s fiscal year 2008 budget justification to Congress, commercial exports licensed or approved under the Arms Export Control Act exceeded $30,000,000,000, with nearly 80 percent of these items exported to United States NATO allies and other major non-NATO allies.CommentsClose CommentsPermalink
(12) A Government Accountability Office report of October 9, 2001 (GAO-02-120), documented ambiguous export control jurisdiction affecting 25 percent of the items that the United States Government agreed to control as part of its commitments to the Missile Technology Control Regime. The United States Government has not clearly determined which department has jurisdiction over these items, which increases the risk that these items will fall into the wrong hands. During both the 108th, 109th, and 110th Congresses, the House of Representatives passed legislation mandating that the Administration clarify this issue.CommentsClose CommentsPermalink
(13) During 2007 and 2008, the management and staff of the Directorate of Defense Trade Controls of the Department of State have, through extraordinary effort and dedication, eliminated the large backlog of open applications and have reduced average processing times for license applications; however, the Directorate remains understaffed and long delays remain for complicated cases.CommentsClose CommentsPermalink
SEC. 803. STRATEGIC REVIEW AND ASSESSMENT OF THE UNITED STATES EXPORT CONTROLS SYSTEM.
(a) Review and Assessment-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than March 31, 2010, the President shall conduct a comprehensive and systematic review and assessment of the United States arms export controls system in the context of the national security interests and strategic foreign policy objectives of the United States.CommentsClose CommentsPermalink
(2) ELEMENTS- The review and assessment required under paragraph (1) shall--CommentsClose CommentsPermalink
(A) determine the overall effectiveness of the United States arms export controls system in order to, where appropriate, strengthen controls, improve efficiency, and reduce unnecessary redundancies across Federal Government agencies, through administrative actions, including regulations, and to formulate legislative proposals for new authorities that are needed;CommentsClose CommentsPermalink
(B) develop processes to ensure better coordination of arms export control activities of the Department of State with activities of other departments and agencies of the United States that are responsible for enforcing United States arms export control laws;CommentsClose CommentsPermalink
(C) ensure that weapons-related nuclear technology, other technology related to weapons of mass destruction, and all items on the Missile Technology Control Regime Annex are subject to stringent control by the United States Government;CommentsClose CommentsPermalink
(D) determine the overall effect of arms export controls on counterterrorism, law enforcement, and infrastructure protection missions of the Department of Homeland Security;CommentsClose CommentsPermalink
(E) determine the effects of export controls policies and the practices of the export control agencies on the United States defense industrial base and United States employment in the industries affected by export controls;CommentsClose CommentsPermalink
(F) contain a detailed summary of known attempts by unauthorized end-users (such as international arms traffickers, foreign intelligence agencies, and foreign terrorist organizations) to acquire items on the United States Munitions List and related technical data, including--CommentsClose CommentsPermalink
(i) data on--CommentsClose CommentsPermalink
(I) commodities sought, such as M-4 rifles, night vision devices, F-14 spare parts;CommentsClose CommentsPermalink
(II) parties involved, such as the intended end-users, brokers, consignees, and shippers;CommentsClose CommentsPermalink
(III) attempted acquisition of technology and technical data critical to manufacture items on the United States Munitions List;CommentsClose CommentsPermalink
(IV) destination countries and transit countries;CommentsClose CommentsPermalink
(V) modes of transport;CommentsClose CommentsPermalink
(VI) trafficking methods, such as use of false documentation and front companies registered under flags of convenience;CommentsClose CommentsPermalink
(VII) whether the attempted illicit transfer was successful; andCommentsClose CommentsPermalink
(VIII) any administrative or criminal enforcement actions taken by the United States and any other government in relation to the attempted illicit transfer;CommentsClose CommentsPermalink
(ii) a thorough evaluation of the Blue Lantern Program, including the adequacy of current staffing and funding levels;CommentsClose CommentsPermalink
(iii) a detailed analysis of licensing exemptions and their successful exploitation by unauthorized end-users; andCommentsClose CommentsPermalink
(iv) an examination of the extent to which the increased tendency toward outsourcing and off-shoring of defense production harm United States national security and weaken the defense industrial base, including direct and indirect impact on employment, and formulate policies to address these trends as well as the policy of some United States trading partners to require offsets for major sales of defense articles; andCommentsClose CommentsPermalink
(G) assess the extent to which export control policies and practices under the Arms Export Control Act promote the protection of basic human rights.CommentsClose CommentsPermalink
(b) Congressional Briefings- The President shall provide periodic briefings to the appropriate congressional committees on the progress of the review and assessment conducted under subsection (a). The requirement to provide congressional briefings under this subsection shall terminate on the date on which the President transmits to the appropriate congressional committees the report required under subsection (c).CommentsClose CommentsPermalink
(c) Report- Not later than 18 months after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees and the Committee on Armed Services of the House of Representatives and the Committee on Armed Services of the Senate a report that contains the results of the review and assessment conducted under subsection (a). The report required by this subsection shall contain a certification that the requirement of subsection (a)(2)(C) has been met, or if the requirement has not been met, the reasons therefor. The report required by this subsection shall be submitted in unclassified form, but may contain a classified annex, if necessary.CommentsClose CommentsPermalink
SEC. 804. PERFORMANCE GOALS FOR PROCESSING OF APPLICATIONS FOR LICENSES TO EXPORT ITEMS ON UNITED STATES MUNITIONS LIST.
(a) In General- The Secretary of State, acting through the head of the Directorate of Defense Trade Controls of the Department of State, shall establish and maintain the following goals:CommentsClose CommentsPermalink
(1) The processing time for review of each application for a license to export items on the United States Munitions List (other than a Manufacturing License Agreement) shall be not more than 60 days from the date of receipt of the application.CommentsClose CommentsPermalink
(2) The processing time for review of each application for a commodity jurisdiction determination shall be not more than 60 days from the date of receipt of the application.CommentsClose CommentsPermalink
(3) The total number of applications described in paragraph (1) that are unprocessed shall be not more than 7 percent of the total number of such applications submitted in the preceding calendar year.CommentsClose CommentsPermalink
(b) Additional Review- (1) If an application described in paragraph (1) or (2) of subsection (a) is not processed within the time period described in the respective paragraph of such subsection, then the Managing Director of the Directorate of Defense Trade Controls or the Deputy Assistant Secretary for Defense Trade and Regional Security of the Department of State, as appropriate, shall review the status of the application to determine if further action is required to process the application.CommentsClose CommentsPermalink
(2) If an application described in paragraph (1) or (2) of subsection (a) is not processed within 90 days from the date of receipt of the application, then the Assistant Secretary for Political-Military Affairs of the Department of State shall--CommentsClose CommentsPermalink
(A) review the status of the application to determine if further action is required to process the application; andCommentsClose CommentsPermalink
(B) submit to the appropriate congressional committees a notification of the review conducted under subparagraph (A), including a description of the application, the reason for delay in processing the application, and a proposal for further action to process the application.CommentsClose CommentsPermalink
(3) For each calendar year, the Managing Director of the Directorate of Defense Trade Controls shall review not less than 2 percent of the total number of applications described in paragraphs (1) and (2) of subsection (a) to ensure that the processing of such applications, including decisions to approve, deny, or return without action, is consistent with both policy and regulatory requirements of the Department of State.CommentsClose CommentsPermalink
(c) Statements of Policy-CommentsClose CommentsPermalink
(1) UNITED STATES ALLIES- Congress states that--CommentsClose CommentsPermalink
(A) it shall be the policy of the Directorate of Defense Trade Controls of the Department of State to ensure that, to the maximum extent practicable, the processing time for review of applications described in subsection (a)(1) to export items that are not subject to the requirements of section 36 (b) or (c) of the Arms Export Control Act (
(B) it shall be the goal, as appropriate, of the Directorate of Defense Trade Controls to ensure that, to the maximum extent practicable, the processing time for review of applications described in subsection (a)(1) to export items that are not subject to the requirements of section 36 (b) or (c) of the Arms Export Control Act to government security agencies of United States NATO allies, Australia, New Zealand, Japan, South Korea, Israel, and, as appropriate, other major non-NATO allies for any purpose other than the purpose described in paragraph (1) is not more than 30 days from the date of receipt of the application.CommentsClose CommentsPermalink
(2) PRIORITY FOR APPLICATIONS FOR EXPORT OF U.S.-ORIGIN EQUIPMENT- In meeting the goals established by this section, it shall be the policy of the Directorate of Defense Trade Controls of the Department of State to prioritize the processing of applications for licenses and agreements necessary for the export of United States-origin equipment over applications for Manufacturing License Agreements.CommentsClose CommentsPermalink
(d) Report- Not later than December 31, 2011, and December 31, 2012, the Secretary of State shall submit to the appropriate congressional committees a report that contains a detailed description of--CommentsClose CommentsPermalink
(1)(A) the average processing time for and number of applications described in subsection (a)(1) to--CommentsClose CommentsPermalink
(i) United States NATO allies, Australia, New Zealand, Japan, South Korea, and Israel;CommentsClose CommentsPermalink
(ii) other major non-NATO allies; andCommentsClose CommentsPermalink
(iii) all other countries; andCommentsClose CommentsPermalink
(B) to the extent practicable, the average processing time for and number of applications described in subsection (b)(1) by item category;CommentsClose CommentsPermalink
(2) the average processing time for and number of applications described in subsection (a)(2);CommentsClose CommentsPermalink
(3) the average processing time for and number of applications for agreements described in part 124 of title 22, Code of Federal Regulations (relating to the International Traffic in Arms Regulations (other than Manufacturing License Agreements));CommentsClose CommentsPermalink
(4) the average processing times for applications for Manufacturing License Agreements;CommentsClose CommentsPermalink
(5) any management decisions of the Directorate of Defense Trade Controls of the Department of State that have been made in response to data contained in paragraphs (1) through (3); andCommentsClose CommentsPermalink
(6) any advances in technology that will allow the time-frames described in subsection (a)(1) to be substantially reduced.CommentsClose CommentsPermalink
(e) Congressional Briefings- If, at the end of any month beginning after the date of the enactment of this Act, the total number of applications described in subsection (a)(1) that are unprocessed is more than 7 percent of the total number of such applications submitted in the preceding calendar year, then the Secretary of State, acting through the Under Secretary for Arms Control and International Security, the Assistant Secretary for Political-Military Affairs, or the Deputy Assistant Secretary for Defense Trade and Regional Security of the Department of State, as appropriate, shall brief the appropriate congressional committees on such matters and the corrective measures that the Directorate of Defense Trade Controls will take to comply with the requirements of subsection (a).CommentsClose CommentsPermalink
(f) Transparency of Commodity Jurisdiction Determinations-CommentsClose CommentsPermalink
(1) DECLARATION OF POLICY- Congress declares that the complete confidentiality surrounding several hundred commodity jurisdiction determinations made each year by the Department of State pursuant to the International Traffic in Arms Regulations is not necessary to protect legitimate proprietary interests of persons or their prices and customers, is not in the best security and foreign policy interests of the United States, is inconsistent with the need to ensure a level playing field for United States exporters, and detracts from United States efforts to promote greater transparency and responsibility by other countries in their export control systems.CommentsClose CommentsPermalink
(2) PUBLICATION ON INTERNET WEBSITE- The Secretary of State shall--CommentsClose CommentsPermalink
(A) upon making a commodity jurisdiction determination referred to in paragraph (1) publish on the Internet website of the Department of State not later than 30 days after the date of the determination--CommentsClose CommentsPermalink
(i) the name of the manufacturer of the item;CommentsClose CommentsPermalink
(ii) a brief general description of the item;CommentsClose CommentsPermalink
(iii) the model or part number of the item; andCommentsClose CommentsPermalink
(iv) the United States Munitions List designation under which the item has been designated, except that--CommentsClose CommentsPermalink
(I) the name of the person or business organization that sought the commodity jurisdiction determination shall not be published if the person or business organization is not the manufacturer of the item; andCommentsClose CommentsPermalink
(II) the names of the customers, the price of the item, and any proprietary information relating to the item indicated by the person or business organization that sought the commodity jurisdiction determination shall not be published; andCommentsClose CommentsPermalink
(B) maintain on the Internet website of the Department of State an archive, that is accessible to the general public and other departments and agencies of the United States, of the information published under subparagraph (A).CommentsClose CommentsPermalink
(g) Rule of Construction- Nothing in this section shall be construed to prohibit the President or Congress from undertaking a thorough review of the national security and foreign policy implications of a proposed export of items on the United States Munitions List.CommentsClose CommentsPermalink
SEC. 805. REQUIREMENT TO ENSURE ADEQUATE STAFF AND RESOURCES FOR THE DIRECTORATE OF DEFENSE TRADE CONTROLS OF THE DEPARTMENT OF STATE.
(a) Requirement- The Secretary of State shall ensure that the Directorate of Defense Trade Controls of the Department of State has the necessary staff and resources to carry out this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink
(b) Minimum Number of Licensing Officers- For fiscal year 2011 and each subsequent fiscal year, the Secretary of State shall ensure that the Directorate of Defense Trade Controls has at least 1 licensing officer for every 1,250 applications for licenses and other authorizations to export items on the United States Munitions List by not later than the third quarter of such fiscal year, based on the number of licenses and other authorizations expected to be received during such fiscal year. The Secretary shall ensure that in meeting the requirement of this subsection, the performance of other functions of the Directorate of Defense Trade Controls is maintained and adequate staff is provided for those functions.CommentsClose CommentsPermalink
(c) Minimum Number of Staff for Commodity Jurisdiction Determinations- For each of the fiscal years 2010 through 2012, the Secretary of State shall ensure that the Directorate of Defense Trade Controls has, to the extent practicable, not less than three individuals assigned to review applications for commodity jurisdiction determinations.CommentsClose CommentsPermalink
(d) Enforcement Resources- In accordance with section 127.4 of title 22, Code of Federal Regulations, U.S. Immigration and Customs Enforcement is authorized to investigate violations of the International Traffic in Arms Regulations on behalf of the Directorate of Defense Trade Controls of the Department of State. The Secretary of State shall ensure that the Directorate of Defense Trade Controls has adequate staffing for enforcement of the International Traffic in Arms Regulations.CommentsClose CommentsPermalink
SEC. 806. AUDIT BY INSPECTOR GENERAL OF THE DEPARTMENT OF STATE.
(a) Audit- Not later than the end of each of the fiscal years 2011 and 2012, the Inspector General of the Department of State shall conduct an independent audit to determine the extent to which the Department of State is meeting the requirements of sections 804 and 805.CommentsClose CommentsPermalink
(b) Report- The Inspector General shall submit to the appropriate congressional committees a report that contains the result of each audit conducted under subsection (a).CommentsClose CommentsPermalink
SEC. 807. INCREASED FLEXIBILITY FOR USE OF DEFENSE TRADE CONTROLS REGISTRATION FEES.
(a) In General- Section 45 of the State Department Basic Authorities Act of 1956 (
(1) in the first sentence--CommentsClose CommentsPermalink
(A) by striking ‘For’ and inserting ‘(a) In General- For’; andCommentsClose CommentsPermalink
(B) by striking ‘Office’ and inserting ‘Directorate’;CommentsClose CommentsPermalink
(2) by amending the second sentence to read as follows:CommentsClose CommentsPermalink
‘(b) Availability of Fees- Fees credited to the account referred to in subsection (a) shall be available only for payment of expenses incurred for--CommentsClose CommentsPermalink
‘(1) management,CommentsClose CommentsPermalink
‘(2) licensing (in order to meet the requirements of section 805 of the Defense Trade Controls Performance Improvement Act of 2009 (relating to adequate staff and resources of the Directorate of Defense Trade Controls)),CommentsClose CommentsPermalink
‘(3) compliance,CommentsClose CommentsPermalink
‘(4) policy activities, andCommentsClose CommentsPermalink
‘(5) facilities,CommentsClose CommentsPermalink
of defense trade controls functions.’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(c) Allocation of Fees- In allocating fees for payment of expenses described in subsection (b), the Secretary of State shall accord the highest priority to payment of expenses incurred for personnel and equipment of the Directorate of Defense Trade Controls, including payment of expenses incurred to meet the requirements of section 805 of the Defense Trade Controls Performance Improvement Act of 2009.’.CommentsClose CommentsPermalink
(b) Conforming Amendment- Section 38(b) of the Arms Export Control Act (
SEC. 808. REVIEW OF INTERNATIONAL TRAFFIC IN ARMS REGULATIONS AND UNITED STATES MUNITIONS LIST.
(a) In General- The Secretary of State, in coordination with the heads of other relevant departments and agencies of the United States Government, shall review, with the assistance of United States manufacturers and other interested parties described in section 811(2) of this division, the International Traffic in Arms Regulations and the United States Munitions List to determine those technologies and goods that warrant different or additional controls.CommentsClose CommentsPermalink
(b) Conduct of Review- In carrying out the review required under subsection (a), the Secretary of State shall review not less than 20 percent of the technologies and goods on the International Traffic in Arms Regulations and the United States Munitions List in each calendar year so that for the 5-year period beginning with calendar year 2010, and for each subsequent 5-year period, the International Traffic in Arms Regulations and the United States Munitions List will be reviewed in their entirety.CommentsClose CommentsPermalink
(c) Report- The Secretary of State shall submit 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 an annual report on the results of the review carried out under this section.CommentsClose CommentsPermalink
SEC. 809. SPECIAL LICENSING AUTHORIZATION FOR CERTAIN EXPORTS TO NATO MEMBER STATES, AUSTRALIA, JAPAN, NEW ZEALAND, ISRAEL, AND SOUTH KOREA.
(a) In General- Section 38 of the Arms Export Control Act (
‘(k) Special Licensing Authorization for Certain Exports to NATO Member States, Australia, Japan, New Zealand, Israel, and South Korea-CommentsClose CommentsPermalink
‘(1) AUTHORIZATION- (A) The President may provide for special licensing authorization for exports of United States-manufactured spare and replacement parts or components listed in an application for such special licensing authorization in connection with defense items previously exported to NATO member states, Australia, Japan, New Zealand, Israel, and South Korea. A special licensing authorization issued pursuant to this clause shall be effective for a period not to exceed 5 years.CommentsClose CommentsPermalink
‘(B) An authorization may be issued under subparagraph (A) only if the applicable government of the country described in subparagraph (A), acting through the applicant for the authorization, certifies that--CommentsClose CommentsPermalink
‘(i) the export of spare and replacement parts or components supports a defense item previously lawfully exported;CommentsClose CommentsPermalink
‘(ii) the spare and replacement parts or components will be transferred to a defense agency of a country described in subparagraph (A) that is a previously approved end-user of the defense items and not to a distributor or a foreign consignee of such defense items;CommentsClose CommentsPermalink
‘(iii) the spare and replacement parts or components will not to be used to materially enhance, optimize, or otherwise modify or upgrade the capability of the defense items;CommentsClose CommentsPermalink
‘(iv) the spare and replacement parts or components relate to a defense item that is owned, operated, and in the inventory of the armed forces a country described in subparagraph (A);CommentsClose CommentsPermalink
‘(v) the export of spare and replacement parts or components will be effected using the freight forwarder designated by the purchasing country’s diplomatic mission as responsible for handling transfers under chapter 2 of this Act as required under regulations; andCommentsClose CommentsPermalink
‘(vi) the spare and replacement parts or components to be exported under the special licensing authorization are specifically identified in the application.CommentsClose CommentsPermalink
‘(C) An authorization may not be issued under subparagraph (A) for purposes of establishing offshore procurement arrangements or producing defense articles offshore.CommentsClose CommentsPermalink
‘(D)(i) For purposes of this subsection, the term ‘United States-manufactured spare and replacement parts or components’ means spare and replacement parts or components--CommentsClose CommentsPermalink
‘(I) with respect to which--CommentsClose CommentsPermalink
‘(aa) United States-origin content costs constitute at least 85 percent of the total content costs;CommentsClose CommentsPermalink
‘(bb) United States manufacturing costs constitute at least 85 percent of the total manufacturing costs; andCommentsClose CommentsPermalink
‘(cc) foreign content, if any, is limited to content from countries eligible to receive exports of items on the United States Munitions List under the International Traffic in Arms Regulations (other than de minimis foreign content);CommentsClose CommentsPermalink
‘(II) that were last substantially transformed in the United States; andCommentsClose CommentsPermalink
‘(III) that are not--CommentsClose CommentsPermalink
‘(aa) classified as significant military equipment; orCommentsClose CommentsPermalink
‘(bb) listed on the Missile Technology Control Regime Annex.CommentsClose CommentsPermalink
‘(ii) For purposes of clause (i)(I) (aa) and (bb), the costs of non-United States-origin content shall be determined using the final price or final cost associated with the non-United States-origin content.CommentsClose CommentsPermalink
‘(2) INAPPLICABILITY PROVISIONS- (A) The provisions of this subsection shall not apply with respect to re-exports or re-transfers of spare and replacement parts or components and related services of defense items described in paragraph (1).CommentsClose CommentsPermalink
‘(B) The congressional notification requirements contained in section 36(c) of this Act shall not apply with respect to an authorization issued under paragraph (1).’.CommentsClose CommentsPermalink
(b) Effective Date- The President shall issue regulations to implement amendments made by subsection (a) not later than 180 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 810. AVAILABILITY OF INFORMATION ON THE STATUS OF LICENSE APPLICATIONS UNDER CHAPTER 3 OF THE ARMS EXPORT CONTROL ACT.
Chapter 3 of the Arms Export Control Act (
‘SEC. 38A. AVAILABILITY OF INFORMATION ON THE STATUS OF LICENSE APPLICATIONS UNDER THIS CHAPTER.
‘(a) Availability of Information- Not later than 1 year after the date of the enactment of the Defense Trade Controls Performance Improvement Act of 2009, the President shall make available to persons who have pending license applications under this chapter and the committees of jurisdiction the ability to access electronically current information on the status of each license application required to be submitted under this chapter.CommentsClose CommentsPermalink
‘(b) Matters To Be Included- The information referred to in subsection (a) shall be limited to the following:CommentsClose CommentsPermalink
‘(1) The case number of the license application.CommentsClose CommentsPermalink
‘(2) The date on which the license application is received by the Department of State and becomes an ‘open application’.CommentsClose CommentsPermalink
‘(3) The date on which the Directorate of Defense Trade Controls makes a determination with respect to the license application or transmits it for interagency review, if required.CommentsClose CommentsPermalink
‘(4) The date on which the interagency review process for the license application is completed, if such a review process is required.CommentsClose CommentsPermalink
‘(5) The date on which the Department of State begins consultations with the congressional committees of jurisdiction with respect to the license application.CommentsClose CommentsPermalink
‘(6) The date on which the license application is sent to the congressional committees of jurisdiction.’.CommentsClose CommentsPermalink
SEC. 811. SENSE OF CONGRESS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1)(A) the advice provided to the Secretary of State by the Defense Trade Advisory Group (DTAG) supports the regulation of defense trade and helps ensure that United States national security and foreign policy interests continue to be protected and advanced while helping to reduce unnecessary impediments to legitimate exports in order to support the defense requirements of United States friends and allies; andCommentsClose CommentsPermalink
(B) therefore, the Secretary of State should share significant planned rules and policy shifts with DTAG for comment; andCommentsClose CommentsPermalink
(2) recognizing the constraints imposed on the Department of State by the nature of a voluntary organization such as DTAG, the Secretary of State is encouraged to ensure that members of DTAG are drawn from a representative cross-section of subject matter experts from the United States defense industry, relevant trade and labor associations, academic, and foundation personnel.CommentsClose CommentsPermalink
SEC. 812. DEFINITIONS.
In this subtitle:CommentsClose CommentsPermalink
(1) INTERNATIONAL TRAFFIC IN ARMS REGULATIONS; ITAR- The term ‘International Traffic in Arms Regulations’ or ‘ITAR’ means those regulations contained in parts 120 through 130 of title 22, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink
(2) MAJOR NON-NATO ALLY- The term ‘major non-NATO ally’ means a country that is designated in accordance with section 517 of the Foreign Assistance Act of 1961 (
(3) MANUFACTURING LICENSE AGREEMENT- The term ‘Manufacturing License Agreement’ means an agreement described in section 120.21 of title 22, Code of Federal Regulations (or successor regulations).CommentsClose CommentsPermalink
(4) MISSILE TECHNOLOGY CONTROL REGIME; MTCR- The term ‘Missile Technology Control Regime’ or ‘MTCR’ has the meaning given the term in section 11B(c)(2) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(c)(2)).CommentsClose CommentsPermalink
(5) MISSILE TECHNOLOGY CONTROL REGIME ANNEX; MTCR ANNEX- The term ‘Missile Technology Control Regime Annex’ or ‘MTCR Annex’ has the meaning given the term in section 11B(c)(4) of the Export Administration Act of 1979 (50 U.S.C. App. 2401b(c)(4)).CommentsClose CommentsPermalink
(6) OFFSETS- The term ‘offsets’ includes compensation practices required of purchase in either government-to-government or commercial sales of defense articles or defense services under the Arms Export Control Act (
(7) UNITED STATES MUNITIONS LIST; USML- The term ‘United States Munitions List’ or ‘USML’ means the list referred to in section 38(a)(1) of the Arms Export Control Act (
SEC. 813. AUTHORIZATION OF APPROPRIATIONS.
Of the amounts authorized to be appropriated under section 101, there are authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 to carry out this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Export LicensesCommentsClose CommentsPermalink
Subtitle B--Provisions Relating to Export LicensesCommentsClose CommentsPermalink
SEC. 821. AVAILABILITY TO CONGRESS OF PRESIDENTIAL DIRECTIVES REGARDING UNITED STATES ARMS EXPORT POLICIES, PRACTICES, AND REGULATIONS.
(a) In General- The President shall make available to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate the text of each Presidential directive regarding United States export policies, practices, and regulations relating to the implementation of the Arms Export Control Act (
(b) Transition Provision- Each Presidential directive described in subsection (a) that is signed or authorized by the President on or after January 1, 2009, and before the date of the enactment of this Act shall be made available to the congressional committees specified in subsection (a) not later than 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
(c) Form- To the maximum extent practicable, each Presidential directive described in subsection (a) shall be made available to the congressional committees specified in subsection (a) on an unclassified basis.CommentsClose CommentsPermalink
SEC. 822. INCREASE IN VALUE OF DEFENSE ARTICLES AND SERVICES FOR CONGRESSIONAL REVIEW AND EXPEDITING CONGRESSIONAL REVIEW FOR ISRAEL.
(a) Foreign Military Sales-CommentsClose CommentsPermalink
(1) IN GENERAL- Section 36(b) of the Arms Export Control Act (
(A) in paragraph (1)--CommentsClose CommentsPermalink
(i) by striking ‘$50,000,000’ and inserting ‘$100,000,000’;CommentsClose CommentsPermalink
(ii) by striking ‘$200,000,000’ and inserting ‘$300,000,000’;CommentsClose CommentsPermalink
(iii) by striking ‘$14,000,000’ and inserting ‘$25,000,000’; andCommentsClose CommentsPermalink
(iv) by striking ‘The letter of offer shall not be issued’ and all that follows through ‘enacts a joint resolution’ and inserting the following:CommentsClose CommentsPermalink
‘(2) The letter of offer shall not be issued--CommentsClose CommentsPermalink
‘(A) with respect to a proposed sale of any defense articles or defense services under this Act for $200,000,000 or more, any design and construction services for $300,000,000 or more, or any major defense equipment for $75,000,000 or more, to the North Atlantic Treaty Organization (NATO), any member country of NATO, Japan, Australia, the Republic of Korea, Israel, or New Zealand, if Congress, within 15 calendar days after receiving such certification, orCommentsClose CommentsPermalink
‘(B) with respect to a proposed sale of any defense articles or services under this Act for $100,000,000 or more, any design and construction services for $200,000,000 or more, or any major defense equipment for $50,000,000 or more, to any other country or organization, if Congress, within 30 calendar days after receiving such certification,CommentsClose CommentsPermalink
enacts a joint resolution’; andCommentsClose CommentsPermalink
(B) by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively.CommentsClose CommentsPermalink
(2) TECHNICAL AND CONFORMING AMENDMENTS- Section 36 of the Arms Export Control Act (
(A) in subsection (b)--CommentsClose CommentsPermalink
(i) in paragraph (6)(C), as redesignated, by striking ‘Subject to paragraph (6), if’ and inserting ‘If’; andCommentsClose CommentsPermalink
(ii) by striking paragraph (7), as redesignated; andCommentsClose CommentsPermalink
(B) in subsection (c)(4), by striking ‘subsection (b)(5)’ each place it appears and inserting ‘subsection (b)(6)’.CommentsClose CommentsPermalink
(b) Commercial Sales- Section 36(c) of the Arms Export Control Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) by striking ‘Subject to paragraph (5), in’ and inserting ‘In’;CommentsClose CommentsPermalink
(B) by striking ‘$14,000,000’ and inserting ‘$25,000,000’; andCommentsClose CommentsPermalink
(C) by striking ‘$50,000,000’ and inserting ‘$100,000,000’;CommentsClose CommentsPermalink
(2) in paragraph (2)--CommentsClose CommentsPermalink
(A) in subparagraph (A)--CommentsClose CommentsPermalink
(i) by inserting after ‘for an export’ the following: ‘of any major defense equipment sold under a contract in the amount of $75,000,000 or more or of defense articles or defense services sold under a contract in the amount of $200,000,000 or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more)’; andCommentsClose CommentsPermalink
(ii) by striking ‘Organization,’ and inserting ‘Organization (NATO),’ and by further striking ‘that Organization’ and inserting ‘NATO’; andCommentsClose CommentsPermalink
(B) in subparagraph (C), by inserting after ‘license’ the following: ‘for an export of any major defense equipment sold under a contract in the amount of $50,000,000 or more or of defense articles or defense services sold under a contract in the amount of $100,000,000 or more, (or, in the case of a defense article that is a firearm controlled under category I of the United States Munitions List, $1,000,000 or more)’; andCommentsClose CommentsPermalink
(3) by striking paragraph (5).CommentsClose CommentsPermalink
SEC. 823. DIPLOMATIC EFFORTS TO STRENGTHEN NATIONAL AND INTERNATIONAL ARMS EXPORT CONTROLS.
(a) Sense of Congress- It is the sense of Congress that the President should redouble United States diplomatic efforts to strengthen national and international arms export controls by establishing a senior-level initiative to ensure that those arms export controls are comparable to and supportive of United States arms export controls, particularly with respect to countries of concern to the United States.CommentsClose CommentsPermalink
(b) Report- Not later than 1 year after the date of the enactment of this Act, and annually thereafter for 4 years, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States diplomatic efforts described in subsection (a).CommentsClose CommentsPermalink
SEC. 824. REPORTING REQUIREMENT FOR UNLICENSED EXPORTS.
Section 655(b) of the Foreign Assistance Act of 1961 (
(1) in paragraph (2), by striking ‘or’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking the period at the end and inserting ‘; or’; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
‘(4) were exported without a license under section 38 of the Arms Export Control Act (
) pursuant to an exemption established under the International Traffic in Arms Regulations, other than defense articles exported in furtherance of a letter of offer and acceptance under the Foreign Military Sales program or a technical assistance or manufacturing license agreement, including the specific exemption provision in the regulation under which the export was made.’.CommentsClose CommentsPermalink 22 U.S.C. 2778
SEC. 825. REPORT ON VALUE OF MAJOR DEFENSE EQUIPMENT AND DEFENSE ARTICLES EXPORTED UNDER SECTION 38 OF THE ARMS EXPORT CONTROL ACT.
Section 38 of the Arms Export Control Act (
‘(l) Report-CommentsClose CommentsPermalink
‘(1) IN GENERAL- The President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report that contains a detailed listing, by country and by international organization, of the total dollar value of major defense equipment and defense articles exported pursuant to licenses authorized under this section for the previous fiscal year.CommentsClose CommentsPermalink
‘(2) INCLUSION IN ANNUAL BUDGET- The report required by this subsection shall be included in the supporting information of the annual budget of the United States Government required to be submitted to Congress under
.’.CommentsClose CommentsPermalink section 1105 of title 31, United States Code
SEC. 826. AUTHORITY TO REMOVE SATELLITES AND RELATED COMPONENTS FROM THE UNITED STATES MUNITIONS LIST.
(a) Authority- Except as provided in subsection (b) and subject to subsection (d), the President is authorized to remove satellites and related components from the United States Munitions List, consistent with the procedures in section 38(f) of the Arms Export Control Act (
(b) Exception- The authority of subsection (a) may not be exercised with respect to any satellite or related component that may, directly or indirectly, be transferred to, or launched into outer space by, the People’s Republic of China.CommentsClose CommentsPermalink
(c) United States Munitions List- In this section, the term ‘United States Munitions List’ means the list referred to in section 38(a)(1) of the Arms Export Control Act (
(d) Effective Date- The President may not exercise the authority provided in this section before the date that is 90 days after the date of the enactment of this Act.CommentsClose CommentsPermalink
SEC. 827. REVIEW AND REPORT OF INVESTIGATIONS OF VIOLATIONS OF SECTION 3 OF THE ARMS EXPORT CONTROL ACT.
(a) Review- The Inspector General of the Department of State shall conduct a review of investigations by the Department of State during each of fiscal years 2010 through 2014 of any and all possible violations of section 3 of the Arms Export Control Act (
(b) Report- The Inspector General of the Department of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate for each of fiscal years 2010 through 2014 a report that contains the findings and results of the review conducted under subsection (a). The report shall be submitted in unclassified form to the maximum extent possible, but may include a classified annex.CommentsClose CommentsPermalink
SEC. 828. REPORT ON SELF-FINANCING OPTIONS FOR EXPORT LICENSING FUNCTIONS OF DDTC OF THE DEPARTMENT OF STATE.
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 report on possible mechanisms to place the export licensing functions of the Directorate of Defense Trade Controls of the Department of State on a 100 percent self-financing basis.CommentsClose CommentsPermalink
SEC. 829. CLARIFICATION OF CERTIFICATION REQUIREMENT RELATING TO ISRAEL’S QUALITATIVE MILITARY EDGE.
Section 36(h)(1) of the Arms Export Control Act (
SEC. 830. EXPEDITING CONGRESSIONAL DEFENSE EXPORT REVIEW PERIOD FOR ISRAEL.
The Arms Export Control Act (
(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b)(3) (as redesignated by section 822(a)(1)(B) of this division), 36(c)(2)(A), 36(d)(2)(A), 62(c)(1), and 63(a)(2) by inserting ‘Israel,’ before ‘or New Zealand’; andCommentsClose CommentsPermalink
(2) in section 3(b)(2), by inserting ‘the Government of Israel,’ before ‘or the Government of New Zealand’.CommentsClose CommentsPermalink
SEC. 831. UPDATING AND CONFORMING PENALTIES FOR VIOLATIONS OF SECTIONS 38 AND 39 OF THE ARMS EXPORT CONTROL ACT.
(a) In General- Section 38(c) of the Arms Export Control Act (
‘(c) Criminal Penalties for Violations of This Section and Section 39- Whoever willfully--CommentsClose CommentsPermalink
‘(1) violates this section or section 39, orCommentsClose CommentsPermalink
‘(2) in a registration or license application or required report, makes any untrue statement of a material fact or omits to state a material fact required to be stated therein or necessary to make the statements therein not misleading,CommentsClose CommentsPermalink
shall be fined not more than $1,000,000 or imprisoned not more than 20 years, or both.’.CommentsClose CommentsPermalink
(b) Mechanisms to Identify Violators- Section 38(g) of the Arms Export Control Act (
(1) in paragraph (1)--CommentsClose CommentsPermalink
(A) in subparagraph (A)--CommentsClose CommentsPermalink
(i) in the matter preceding clause (i), by inserting ‘or otherwise charged’ after ‘indictment’;CommentsClose CommentsPermalink
(ii) in clause (xi), by striking ‘or’ at the end; andCommentsClose CommentsPermalink
(iii) by adding at the end the following:CommentsClose CommentsPermalink
‘(xiii)
, relating to entry of goods by means of false statements;CommentsClose CommentsPermalink section 542 of title 18, United States Code ‘(xiv)
, relating to smuggling goods from the United States; orCommentsClose CommentsPermalink section 554 of title 18, United States Code ‘(xv)
, relating to economic espionage.’; andCommentsClose CommentsPermalink section 1831 of title 18, United States Code
(B) in subparagraph (B), by inserting ‘or otherwise charged’ after ‘indictment’; andCommentsClose CommentsPermalink
(2) in paragraph (3)(A), by inserting ‘or otherwise charged’ after ‘indictment’.CommentsClose CommentsPermalink
(c) Effective Date- The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to violations of sections 38 and 39 of the Arms Export Control Act committed on or after that date.CommentsClose CommentsPermalink
SEC. 832. REPORT ON CERTAIN ASPECTS OF UNITED STATES EXPORT CONTROLS.
Not later than 180 days after the date of the enactment of this Act, the President, taking into account the views of the relevant Federal departments and agencies, shall transmit to Congress a report on the plans of such departments and agencies to streamline United States export controls and processes to better serve the needs of the United States scientific and research community, consistent with the protection of United States national security interests.CommentsClose CommentsPermalink
Subtitle C--Miscellaneous ProvisionsCommentsClose CommentsPermalink
Subtitle C--Miscellaneous ProvisionsCommentsClose CommentsPermalink
SEC. 841. AUTHORITY TO BUILD THE CAPACITY OF FOREIGN MILITARY FORCES.
(a) Authority- The Secretary of State is authorized to conduct a program to respond to contingencies in foreign countries or regions by providing training, procurement, and capacity-building of a foreign country’s national military forces and dedicated counterterrorism forces in order for that country to--CommentsClose CommentsPermalink
(1) conduct counterterrorist operations; orCommentsClose CommentsPermalink
(2) participate in or support military and stability operations in which the United States is a participant.CommentsClose CommentsPermalink
(b) Types of Capacity-Bbuilding- The program authorized under subsection (a) may include the provision of equipment, supplies, and training.CommentsClose CommentsPermalink
(c) Limitations-CommentsClose CommentsPermalink
(1) ASSISTANCE OTHERWISE PROHIBITED BY LAW- The Secretary of State may not use the authority in subsection (a) to provide any type of assistance described in subsection (b) that is otherwise prohibited by any provision of law.CommentsClose CommentsPermalink
(2) LIMITATION ON ELIGIBLE COUNTRIES- The Secretary of State may not use the authority in subsection (a) to provide assistance described in subsection (b) to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.CommentsClose CommentsPermalink
(d) Formulation and Execution of Activities-CommentsClose CommentsPermalink
(1) COORDINATION WITH CERTAIN PROGRAMS- To the extent that activities are carried out during a fiscal year pursuant to section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (
(2) CONSULTATION- The Secretary of State may also consult with the head of any other appropriate department or agency in the formulation and execution of the program authorized under subsection (a).CommentsClose CommentsPermalink
(e) Congressional Notification-CommentsClose CommentsPermalink
(1) ACTIVITIES IN A COUNTRY- Not less than 15 days before obligating funds for activities in any country under the program authorized under subsection (a), the Secretary of State shall submit to the congressional committees specified in paragraph (2) a notice of the following:CommentsClose CommentsPermalink
(A) The country whose capacity to engage in activities in subsection (a) will be assisted.CommentsClose CommentsPermalink
(B) The budget, implementation timeline with milestones, and completion date for completing the activities.CommentsClose CommentsPermalink
(2) SPECIFIED CONGRESSIONAL COMMITTEES- The congressional committees specified in this paragraph are the following:CommentsClose CommentsPermalink
(A) The Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.CommentsClose CommentsPermalink
(B) The Committee on Foreign Relations and the Committee on Appropriations of the Senate.CommentsClose CommentsPermalink
(f) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There is authorized to be appropriated to the Secretary of State $25,000,000 for each of the fiscal years 2010 and 2011 to conduct the program authorized by subsection (a).CommentsClose CommentsPermalink
(2) USE OF FMF FUNDS- The Secretary of State may use up to $25,000,000 of funds available under the Foreign Military Financing program for each of the fiscal years 2010 and 2011 to conduct the program authorized under subsection (a).CommentsClose CommentsPermalink
(3) AVAILABILITY AND REFERENCE- Amounts made available to conduct the program authorized under subsection (a)--CommentsClose CommentsPermalink
(A) are authorized to remain available until expended; andCommentsClose CommentsPermalink
(B) may be referred to as the ‘Security Assistance Contingency Fund’.CommentsClose CommentsPermalink
SEC. 842. FOREIGN MILITARY SALES STOCKPILE FUND.
(a) In General- Section 51(a) of the Arms Export Control Act (
(1) in paragraph (1), by striking ‘Special Defense Acquisition Fund’ and inserting ‘Foreign Military Sales Stockpile Fund’; andCommentsClose CommentsPermalink
(2) in paragraph (4), by inserting ‘building the capacity of recipient countries and’ before ‘narcotics control purposes’.CommentsClose CommentsPermalink
(b) Contents of Fund- Section 51(b) of the Arms Export Control Act (
(1) in paragraph (2), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(2) in paragraph (3), by inserting ‘and’ at the end; andCommentsClose CommentsPermalink
(3) by inserting after paragraph (3) the following:CommentsClose CommentsPermalink
‘(4) collections from leases made pursuant to section 61 of this Act,’.CommentsClose CommentsPermalink
(c) Conforming Amendments- (1) The heading of section 51 of the Arms Export Control Act is amended by striking ‘Special Defense Acquisition Fund’ and inserting ‘Foreign Military Sales Stockpile Fund’.CommentsClose CommentsPermalink
(2) The heading of chapter 5 of the Arms Export Control Act is amended by striking ‘SPECIAL DEFENSE ACQUISITION FUND’ and inserting ‘FOREIGN MILITARY SALES STOCKPILE FUND’.CommentsClose CommentsPermalink
SEC. 843. ANNUAL ESTIMATE AND JUSTIFICATION FOR FOREIGN MILITARY SALES PROGRAM.
Section 25(a)(1) of the Arms Export Control Act (
SEC. 844. SENSE OF CONGRESS ON THE GLOBAL ARMS TRADE.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the United States, as the world’s largest exporter of conventional weapons, has a special obligation to promote responsible practices in the global arms trade and should actively work to prevent conventional weapons from being used to perpetrate--CommentsClose CommentsPermalink
(A) breaches of the United Nations Charter relating to the use of force;CommentsClose CommentsPermalink
(B) gross violations of international human rights;CommentsClose CommentsPermalink
(C) serious violations of international humanitarian law;CommentsClose CommentsPermalink
(D) acts of genocide or crimes against humanity;CommentsClose CommentsPermalink
(E) acts of terrorism; andCommentsClose CommentsPermalink
(F) destabilizing buildups of military forces and weapons; andCommentsClose CommentsPermalink
(2) the United States should actively engage in the development of a legally binding treaty establishing common international standards for the import, export, and transfer of conventional weapons.CommentsClose CommentsPermalink
SEC. 845. REPORT ON UNITED STATES’ COMMITMENTS TO THE SECURITY OF ISRAEL.
(a) Initial Report- Not later than 30 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report that contains--CommentsClose CommentsPermalink
(1) a complete, unedited, and unredacted copy of each assurance made by United States Government officials to officials of the Government of Israel regarding Israel’s security and maintenance of Israel’s qualitative military edge, as well as any other assurance regarding Israel’s security and maintenance of Israel’s qualitative military edge provided in conjunction with exports under the Arms Export Control Act (
(2) an analysis of the extent to which, and by what means, each such assurance has been and is continuing to be fulfilled.CommentsClose CommentsPermalink
(b) Subsequent Reports-CommentsClose CommentsPermalink
(1) NEW ASSURANCES AND REVISIONS- The President shall transmit to the appropriate congressional committees a report that contains the information required under subsection (a) with respect to--CommentsClose CommentsPermalink
(A) each assurance described in subsection (a) made on or after the date of the enactment of this Act; orCommentsClose CommentsPermalink
(B) revisions to any assurance described in subsection (a) or subparagraph (A) of this paragraph,CommentsClose CommentsPermalink
within 15 days of the new assurance or revision being conveyed.CommentsClose CommentsPermalink
(2) FIVE-YEAR REPORTS- Not later than 5 years after the date of the enactment of this Act, and every 5 years thereafter, the President shall transmit to the appropriate congressional committees a report that contains the information required under subsection (a) with respect to each assurance described in subsection (a) or paragraph (1)(A) of this subsection and revisions to any assurance described in subsection (a) or paragraph (1)(A) of this subsection during the preceding 5-year period.CommentsClose CommentsPermalink
(c) Form- Each report required by this section shall be transmitted in unclassified form, but may contain a classified annex, if necessary.CommentsClose CommentsPermalink
SEC. 846. WAR RESERVES STOCKPILE.
(a) Department of Defense Appropriations Act, 2005- Section 12001(d) of the Department of Defense Appropriations Act, 2005 (
(b) Foreign Assistance Act of 1961- Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (
SEC. 847. EXCESS DEFENSE ARTICLES FOR CENTRAL AND SOUTH EUROPEAN COUNTRIES AND CERTAIN OTHER COUNTRIES.
Section 516(e) of the Foreign Assistance Act of 1961 (
(1) in paragraph (1), by striking ‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’;CommentsClose CommentsPermalink
(2) in paragraph (2), in the heading by striking ‘Exception’ and inserting ‘General Exception’; andCommentsClose CommentsPermalink
(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(3) EXCEPTION FOR SPECIFIC COUNTRIES- For fiscal years 2010 and 2011, the President may provide for the crating, packing, handling, and transportation of excess defense articles transferred under the authority of this section to Albania, Afghanistan, Bulgaria, Croatia, Estonia, Macedonia, Georgia, India, Iraq, Israel, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, Mongolia, Pakistan, Romania, Slovakia, Tajikistan, Turkmenistan, and Ukraine.’.CommentsClose CommentsPermalink
SEC. 848. SUPPORT TO ISRAEL FOR MISSILE DEFENSE.
(a) Authorization of Assistance- Of the amounts authorized to be appropriated to carry out this division, there are authorized to be appropriated such sums as may be necessary for co-development of joint ballistic missile, medium and short-range projectile defense projects with Israel, including--CommentsClose CommentsPermalink
(1) complete accelerated co-production of Arrow missiles;CommentsClose CommentsPermalink
(2) system development of the Israel Missile Defense Organization program to develop a short-range ballistic missile defense capability, David’s Sling weapon system, and integrate the weapon system with the ballistic missile defense system and force protection efforts of the United States; andCommentsClose CommentsPermalink
(3) research, development, and test and evaluation of the Iron Dome short-range projectile defense system.CommentsClose CommentsPermalink
(b) Report and Strategy-CommentsClose CommentsPermalink
(1) REQUIREMENT- Not later than 180 days after the date of the enactment of this Act, and annually thereafter in connection with the submission of congressional presentation materials for the foreign operations appropriations and defense appropriations budget request, the Secretary of State, in consultation with the Secretary of Defense, shall submit to the appropriate congressional committees a report regarding the activities authorized under subsection (a)(1).CommentsClose CommentsPermalink
(2) CLASSIFIED ANNEX- The report required under paragraph (1) shall be submitted in unclassified form to the maximum extent practicable, but may include a classified annex, if necessary.CommentsClose CommentsPermalink
(3) DEFINITION OF APPROPRIATE CONGRESSIONAL COMMITTEES- In this subsection, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; andCommentsClose CommentsPermalink
(B) the Committee on Foreign Relations and the Committee on Armed Services in the Senate.CommentsClose CommentsPermalink
(d) Rule of Construction- Nothing in this section shall be construed to authorize appropriations for the Arrow Weapons System or David’s Sling weapons program under any provision of law that is funded from accounts within budget function 050 (National Defense).CommentsClose CommentsPermalink
TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVECommentsClose CommentsPermalink
TITLE IX--ACTIONS TO ENHANCE THE MERIDA INITIATIVECommentsClose CommentsPermalink
Subtitle A--General ProvisionsCommentsClose CommentsPermalink
Subtitle A--General ProvisionsCommentsClose CommentsPermalink
SEC. 901. COORDINATOR OF UNITED STATES GOVERNMENT ACTIVITIES TO IMPLEMENT THE MERIDA INITIATIVE.
(a) Declaration of Policy- Congress declares that the Merida Initiative is a Department of State-led initiative which combines the programs of numerous United States Government departments and agencies and therefore requires a single individual to coordinate and track all Merida Initiative-related efforts government-wide to avoid duplication, coordinate messaging, and facilitate accountability to and communication with Congress.CommentsClose CommentsPermalink
(b) Designation of High-Llevel Coordinator-CommentsClose CommentsPermalink
(1) IN GENERAL- The President shall designate, within the Department of State, a Coordinator of United States Government Activities to Implement the Merida Initiative (hereafter in this section referred to as the ‘Coordinator’) who shall be responsible for--CommentsClose CommentsPermalink
(A) designing and shaping an overall strategy for the Merida Initiative;CommentsClose CommentsPermalink
(B) ensuring program and policy coordination among United States Government departments and agencies in carrying out the Merida Initiative, including avoiding duplication among programs and ensuring that a consistent message emanates from the United States Government;CommentsClose CommentsPermalink
(C) ensuring that efforts of the United States Government are in full consonance with the efforts of the countries within the Merida Initiative;CommentsClose CommentsPermalink
(D) tracking, in coordination with the relevant officials of the Department of Defense and other departments and agencies, United States assistance programs that fulfill the goals of the Merida Initiative or are closely related to the goals of the Merida Initiative;CommentsClose CommentsPermalink
(E) to the extent possible, tracking information required under the second section 620J of the Foreign Assistance Act of 1961 (
(F) consulting with the Attorney General and the Secretary of Homeland Security with respect to the activities of Federal, State, and local law enforcement authorities in the United States relating to the goals of the Merida Initiative, particularly along the United States-Mexico border.CommentsClose CommentsPermalink
(2) RANK AND STATUS OF THE COORDINATOR- The Coordinator should have the rank and status of ambassador.CommentsClose CommentsPermalink
(3) COUNTRIES WITHIN THE MERIDA INITIATIVE DEFINED- The term ‘countries within the Merida Initiative’ means Belize, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, and Panama and includes Haiti and the Dominican Republic.CommentsClose CommentsPermalink
SEC. 902. ADDING THE CARIBBEAN TO THE MERIDA INITIATIVE.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The illicit drug trade--which has taken a toll on the small countries of the Caribbean Community (CARICOM) for many years--is now moving even more aggressively into these countries.CommentsClose CommentsPermalink
(2) A March 2007 joint report by the United Nations Office on Drugs and Crime (UNODC) and the World Bank noted that murder rates in the Caribbean--at 30 per 100,000 population annually--are higher than for any other region of the world and have risen in recent years for many of the region’s countries. The report also argues that the strongest explanation for the high crime and violence rates in the Caribbean and their rise in recent years is drug trafficking.CommentsClose CommentsPermalink
(3) If the United States does not move quickly to provide Merida Initiative assistance to the CARICOM countries, the positive results of the Merida Initiative in Mexico and Central America will move the drug trade deeper into the Caribbean and multiply the already alarming rates of violence.CommentsClose CommentsPermalink
(b) Consultations- Not later than 30 days after the date of the enactment of this Act, the Secretary of State is authorized to consult with the countries of the Caribbean Community (CARICOM) in preparation for their inclusion into the Merida Initiative.CommentsClose CommentsPermalink
(c) Incorporation of CARICOM Countries Into the Merida Initiative- The President is authorized to incorporate the CARICOM countries into the Merida Initiative.CommentsClose CommentsPermalink
SEC. 903. MERIDA INITIATIVE MONITORING AND EVALUATION MECHANISM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) IMPACT EVALUATION RESEARCH- 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 can be attributed to program intervention instead of other environmental factors.CommentsClose CommentsPermalink
(2) OPERATIONS RESEARCH- The term ‘operations research’ means the application of social science research methods, statistical analysis, and other appropriate scientific methods to judge, compare, and improve policies and program outcomes, from the earliest stages of defining and designing programs through their development and implementation, with the objective of the rapid dissemination of conclusions and concrete impact on programming.CommentsClose CommentsPermalink
(3) PROGRAM MONITORING- The term ‘program monitoring’ means the collection, analysis, and use of routine program data to determine how well a program is carried out and how much the program costs.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) to successfully support building the capacity of recipient countries’ civilian security institutions, enhance the rule of law in recipient countries, and ensure the protection of human rights, the President should establish a program to conduct impact evaluation research, operations research, and program monitoring to ensure effectiveness of assistance provided under the Merida Initiative;CommentsClose CommentsPermalink
(2) long-term solutions to the security problems of Merida recipient countries depend on increasing the effectiveness and responsiveness of their civilian institutions, including their judicial system;CommentsClose CommentsPermalink
(3) a specific program of impact evaluation research, operations research, and program monitoring, established at the inception of the program, is required to permit assessment of the operational effectiveness of the impact of United States assistance towards these goals; andCommentsClose CommentsPermalink
(4) the President, in developing performance measurement methods under the impact evaluation research, operations research, and program monitoring, should consult with the appropriate congressional committees as well as the governments of Merida recipient countries.CommentsClose CommentsPermalink
(c) Impact Evaluation Research, Operation Research, and Program Monitoring of Assistance- The President shall establish and implement a program to assess the effectiveness of assistance provided under the Merida Initiative through impact evaluation research on a selected set of programmatic interventions, operations research in areas to ensure efficiency and effectiveness of program implementation, and monitoring to ensure timely and transparent delivery of assistance.CommentsClose CommentsPermalink
(d) Requirements- The program required under subsection (c) shall include--CommentsClose CommentsPermalink
(1) a delineation of key impact evaluation research and operations research questions for main components of assistance provided under the Merida Initiative;CommentsClose CommentsPermalink
(2) an identification of measurable performance goals for each of the main components of assistance provided under the Merida Initiative, to be expressed in an objective and quantifiable form at the inception of the program;CommentsClose CommentsPermalink
(3) the use of appropriate methods, based on rigorous social science tools, to measure program impact and operational efficiency; andCommentsClose CommentsPermalink
(4) adherence to a high standard of evidence in developing recommendations for adjustments to such assistance to enhance the impact of such assistance.CommentsClose CommentsPermalink
(e) Consultation With Congress- Not later than 60 days after the date of the enactment of this Act, the President shall brief and consult with the appropriate congressional committees regarding the progress in establishing and implementing the program required under subsection (c).CommentsClose CommentsPermalink
(f) Authorization of Appropriations- Of the amounts authorized to be appropriated for the Merida Initiative, up to 5 percent of such amounts is authorized to be appropriated to carry out this section.CommentsClose CommentsPermalink
(g) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this section and not later than December 1 of each year thereafter, the President shall transmit to the appropriate congressional committees a report regarding programs and activities carried out under the Merida Initiative during the preceding fiscal year.CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- The reports required under subsection (g) shall include the following:CommentsClose CommentsPermalink
(A) FINDINGS- Findings related to the impact evaluation research, operation research, and program monitoring of assistance program established under subsection (c).CommentsClose CommentsPermalink
(B) COORDINATION- Efforts of the United States Government to coordinate its activities, including--CommentsClose CommentsPermalink
(i) a description of all counternarcotics and organized crime assistance provided to Merida Initiative recipient countries in the previous fiscal year;CommentsClose CommentsPermalink
(ii) an assessment of how such assistance was coordinated; andCommentsClose CommentsPermalink
(iii) recommendations for improving coordination.CommentsClose CommentsPermalink
(C) TRANSFER OF EQUIPMENT- A description of the transfer of equipment, including--CommentsClose CommentsPermalink
(i) a description of the progress of each recipient country toward the transfer of equipment, if any, from its armed forces to law enforcement agencies;CommentsClose CommentsPermalink
(ii) a list of agencies that have used air assets provided by the United States under the Merida Initiative to the government of each recipient country, and, to the extent possible, a detailed description of those agencies that have utilized such air assets, such as by a percentage breakdown of use by each agency; andCommentsClose CommentsPermalink
(iii) a description of training of law enforcement agencies to operate equipment, including air assets.CommentsClose CommentsPermalink
(D) HUMAN RIGHTS- In accordance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (
(i) a list of accusations of serious human rights abuses committed by the armed forces and law enforcement agencies of recipient countries on or after the date of the enactment of this Act; andCommentsClose CommentsPermalink
(ii) a description of efforts by the governments of Merida recipient countries to investigate and prosecute allegations of abuses of human rights committed by any agency of such recipient countries.CommentsClose CommentsPermalink
(E) EFFECTIVENESS OF EQUIPMENT- An assessment of the long-term effectiveness of the equipment and maintenance packages and training provided to each recipient country’s security institutions.CommentsClose CommentsPermalink
(F) MEXICO PUBLIC SECURITY STRATEGY- A description of Mexico’s development of a public security strategy, including--CommentsClose CommentsPermalink
(i) effectiveness of the Mexican Federal Registry of Police Personnel to vet police recruiting at the National, state, and municipal levels to prevent rehiring from one force to the next after dismissal for corruption and other reasons; andCommentsClose CommentsPermalink
(ii) an assessment of how the Merida Initiative complements and supports the Mexican Government’s own public security strategy.CommentsClose CommentsPermalink
(G) FLOW OF ILLEGAL ARMS- A description and assessment of efforts to reduce the southbound flow of illegal arms.CommentsClose CommentsPermalink
(H) USE OF CONTRACTORS- A detailed description of contracts awarded to private companies to carry out provisions of the Merida Initiative, including--CommentsClose CommentsPermalink
(i) a description of the number of United States and foreign national civilian contractors awarded contracts;CommentsClose CommentsPermalink
(ii) a list of the total dollar value of the contracts; andCommentsClose CommentsPermalink
(iii) the purposes of the contracts.CommentsClose CommentsPermalink
(I) PHASE OUT OF LAW ENFORCEMENT ACTIVITIES- A description of the progress of phasing out law enforcement activities of the armed forces of each recipient country.CommentsClose CommentsPermalink
(J) IMPACT ON BORDER VIOLENCE AND SECURITY- A description of the impact that activities authorized under the Merida Initiative have had on violence against United States and Mexican border personnel and the extent to which these activities have increased the protection and security of the United States-Mexico border.CommentsClose CommentsPermalink
(K) FLOW OF ILLEGAL FUNDS- A description and assessment of efforts to reduce the southbound flow of illegal funds.CommentsClose CommentsPermalink
(3) SENSE OF CONGRESS- It is the sense of Congress that, to the extent practicable, and without compromising law enforcement sensitive or other protected information, the reports required by paragraph (1) should be made available to the Congress of Mexico for use in their oversight activities, including through the Mexico-United States Inter-Parliamentary Group process.CommentsClose CommentsPermalink
SEC. 904. MERIDA INITIATIVE DEFINED.
In this subtitle, the term ‘Merida Initiative’ means the program announced by the United States and Mexico on October 22, 2007, to fight illicit narcotics trafficking and criminal organizations throughout the Western Hemisphere.CommentsClose CommentsPermalink
Subtitle B--Prevention of Illicit Trade in Small Arms and Light WeaponsCommentsClose CommentsPermalink
Subtitle B--Prevention of Illicit Trade in Small Arms and Light WeaponsCommentsClose CommentsPermalink
SEC. 911. TASK FORCE ON THE PREVENTION OF ILLICIT SMALL ARMS TRAFFICKING IN THE WESTERN HEMISPHERE.
(a) Establishment- The President shall establish an inter-agency task force to be known as the ‘Task Force on the Prevention of Illicit Small Arms Trafficking in the Western Hemisphere’ (in this section referred to as the ‘Task Force’).CommentsClose CommentsPermalink
(b) Duties- The Task Force shall evaluate United States export controls on the illicit export of small arms and light weapons throughout the Western Hemisphere, including Mexico, Central America, the Caribbean, and South America. The Task Force shall--CommentsClose CommentsPermalink
(1) conduct a thorough review and analysis of the current regulation and enforcement of current regulations of exports of small arms and light weapons; andCommentsClose CommentsPermalink
(2) evaluate Federal policies, including enforcement policies, for control of exports of small arms and light weapons and, if warranted, suggest improvements that further the foreign policy and national security interests of the United States within the Western Hemisphere.CommentsClose CommentsPermalink
(c) Membership- The Task Force shall be composed of--CommentsClose CommentsPermalink
(1) the Secretary of State;CommentsClose CommentsPermalink
(2) the Attorney General;CommentsClose CommentsPermalink
(3) the Secretary of Defense;CommentsClose CommentsPermalink
(4) the Secretary of Homeland Security; andCommentsClose CommentsPermalink
(5) the heads of other Federal departments and agencies as appropriate.CommentsClose CommentsPermalink
(d) Chairperson- The Secretary of State shall serve as the chairperson of the Task Force.CommentsClose CommentsPermalink
(e) Meetings- The Task Force shall meet at the call of the chairperson or a majority of its members.CommentsClose CommentsPermalink
(f) Annual Reports- Not later than 1 year after the date of the enactment of this Act and annually thereafter until October 31, 2014, the chairperson of the Task Force shall submit to Congress and make available to the public a report that contains--CommentsClose CommentsPermalink
(1) a description of the activities of the Task Force during the preceding year; andCommentsClose CommentsPermalink
(2) the findings, strategies, recommendations, policies, and initiatives developed pursuant to the duties of the Task Force under subsection (b) during the preceding year.CommentsClose CommentsPermalink
SEC. 912. INCREASE IN PENALTIES FOR ILLICIT TRAFFICKING IN SMALL ARMS AND LIGHT WEAPONS TO COUNTRIES IN THE WESTERN HEMISPHERE.
Section 38 of the Arms Export Control Act (
(1) in subsection (c), by striking ‘Whoever’ and inserting ‘Subject to subsection (d), whoever,’; andCommentsClose CommentsPermalink
(2) by inserting after subsection (c) the following new subsection:CommentsClose CommentsPermalink
‘(d) Trafficking in Small Arms and Light Weapons to Countries in the Western Hemisphere- Whoever willfully exports to a country in the Western Hemisphere any small arm or light weapon without a license in violation of this section shall be fined not more than $3,000,000 and imprisoned for not more than 20 years, or both. For purposes of this subsection, the term ‘small arm or light weapon’ means any item listed in Category I(a), Category III (as it applies to Category I(a)), or grenades under Category IV(a) of the United States Munitions List (as contained in part 121 of title 22, Code of Federal Regulations (or successor regulations)) that requires a license for international export under this section.’.CommentsClose CommentsPermalink
SEC. 913. DEPARTMENT OF STATE REWARDS PROGRAM.
Section 36(b) of the State Department Basic Authorities Act of 1956 (
(1) by redesignating paragraphs (4) through (7) as paragraphs (5) through (8), respectively;CommentsClose CommentsPermalink
(2) by inserting after paragraph (3) the following new paragraph:CommentsClose CommentsPermalink
‘(4) the arrest or conviction in any country of any individual for illegally exporting or attempting to export to Mexico any small arm or light weapon (as defined in section 912(b) of the Foreign Relations Authorization Act, Fiscal Years 2010 and 2011);’; andCommentsClose CommentsPermalink
(3) in paragraphs (5) and (6) (as redesignated), by striking ‘paragraph (1), (2), or (3)’ each place it appears and inserting ‘paragraph (1), (2), (3), or (4)’.CommentsClose CommentsPermalink
TITLE X--REPORTING REQUIREMENTSCommentsClose CommentsPermalink
TITLE X--REPORTING REQUIREMENTSCommentsClose CommentsPermalink
SEC. 1001. ASSESSMENT OF SPECIAL COURT FOR SIERRA LEONE.
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 an assessment on the continuing needs of the Special Court for Sierra Leone, including an assessment of the following activities of the Special Court:CommentsClose CommentsPermalink
(1) Witness protection.CommentsClose CommentsPermalink
(2) Archival activities, including recordkeeping associated with future legal work by the Special Court.CommentsClose CommentsPermalink
(3) The residual registrar’s capacity for enforcing Special Court sentences and maintaining relations with countries hosting imprisoned convicts of the Special Court, legal decisionmaking regarding future appeals, conditions of prisoner treatment, contempt proceedings, and financial matters relating to such activities.CommentsClose CommentsPermalink
(4) Transfer or maintenance of Special Court records to a permanent recordkeeping authority in Sierra Leone.CommentsClose CommentsPermalink
(5) Ongoing needs or programs for community outreach, for the purpose of reconciliation and healing, regarding the Special Court’s legal proceedings and decisions.CommentsClose CommentsPermalink
(6) Plans for the Special Court’s facilities in Sierra Leone and plans to use the Special Court, and expertise of its personnel, for further development of the legal profession and an independent and effective judiciary in Sierra Leone.CommentsClose CommentsPermalink
(7) Unresolved cases, or cases that were not prosecuted.CommentsClose CommentsPermalink
SEC. 1002. REPORT ON UNITED STATES CAPACITIES TO PREVENT GENOCIDE AND MASS ATROCITIES.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The lack of an effective government-wide strategy and adequate capacities for preventing genocide and mass atrocities against civilians undermines the ability of the United States to contribute to the maintenance of global peace and security and protect vital United States interests.CommentsClose CommentsPermalink
(2) The December 2008 Report of the Genocide Prevention Task Force, co-chaired by former Secretary of State Madeleine Albright and former Secretary of Defense William Cohen offers a valuable blueprint for strengthening United States capacities to help prevent genocide and mass atrocities.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(b) Report-CommentsClose CommentsPermalink
(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 civilian capacities for preventing genocide and mass atrocities against civilians.CommentsClose CommentsPermalink
(2) CONTENT- The report required under paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) An evaluation of current mechanisms for government-wide early warning, information-sharing, contingency planning, and coordination of effort to prevent and respond to situations of genocide, mass atrocities, and other mass violence.CommentsClose CommentsPermalink
(B) An assessment of current capacities within the Department of State, including specific staffing and training, for early warning, preventive diplomacy, and crisis response to help avert genocide and mass atrocities.CommentsClose CommentsPermalink
(C) An evaluation of United States foreign assistance programs and mechanisms directed toward the prevention of genocide and mass atrocities, including costs, challenges to implementation, and successes of such programs and mechanisms.CommentsClose CommentsPermalink
(D) An assessment of the feasibility, effectiveness, and potential costs of implementing key recommendations made by the Genocide Prevention Task Force, including the establishment of an Atrocities Prevention Committee within the National Security Council and increased annual and contingency funding for the prevention of genocide and mass atrocities.CommentsClose CommentsPermalink
(E) Recommendations to further strengthen United States capacities to help prevent genocide, mass atrocities, and other mass violence, including enhanced early warning mechanisms, strengthened diplomatic capacities of the Department of State, and improved use of United States foreign assistance.CommentsClose CommentsPermalink
SEC. 1003. REPORTS RELATING TO PROGRAMS TO ENCOURAGE GOOD GOVERNANCE.
(a) In General- Subparagraph (C) of section 133(d)(2) of the Foreign Assistance Act of 1961 (
(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.CommentsClose CommentsPermalink
SEC. 1004. REPORTS ON HONG KONG.
Section 301 of the United States-Hong Kong Policy Act of 1992 (
SEC. 1005. DEMOCRACY IN GEORGIA.
(a) Sense of Congress- It is the sense of Congress 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 accountability of the executive branch and legislative process, is critically important to Georgia’s integration into Euro-Atlantic institutions, stability in the Caucasus region, and United States national security. The United States should urge the European Union, its member states, and the international community to call for an immediate and complete withdrawal of Russian troops deployed 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.CommentsClose CommentsPermalink
(b) Report on Democracy in Georgia-CommentsClose CommentsPermalink
(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 to the appropriate congressional committees a report on the programs, projects, and activities carried out in Georgia with United States foreign assistance following the August 2008 conflict with Russia.CommentsClose CommentsPermalink
(2) CONTENTS- The report required under paragraph (1) shall include information concerning the following:CommentsClose CommentsPermalink
(A) The amount of United States assistance obligated and expended for reconstruction activities for the prior fiscal year.CommentsClose CommentsPermalink
(B) A description of the programs funded by such assistance, including humanitarian aid, reconstruction of critical infrastructure, economic development, political and democratic development, and broadcasting.CommentsClose CommentsPermalink
(C) An evaluation of the impact of such programs, including their contribution to the consolidation of democracy in Georgia and efforts by the Government of Georgia to improve democratic governance.CommentsClose CommentsPermalink
(D) An analysis of the implementation of the United States-Georgia Charter on Strategic Partnership.CommentsClose CommentsPermalink
SEC. 1006. DIPLOMATIC RELATIONS WITH ISRAEL.
(a) Sense of Congress- It is the sense of Congress that the United States should assist Israel in its efforts to establish diplomatic relations.CommentsClose CommentsPermalink
(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 congressional committees a report that includes the following information:CommentsClose CommentsPermalink
(1) Actions taken by representatives of the United States to encourage other countries to establish full diplomatic relations with Israel.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) Other measures being undertaken, and measures that will be undertaken, by the United States to ensure and promote Israel’s full participation in the world diplomatic community.CommentsClose CommentsPermalink
(c) Form of Submission- The report required under subsection (b) may be submitted in classified or unclassified form, as the Secretary determines appropriate.CommentsClose CommentsPermalink
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 departments 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.CommentsClose CommentsPermalink
(b) Contents- The report required under subsection (a) shall contain information on the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The number of private contractors conducting such training, and the quality and cost of such private contractors.CommentsClose CommentsPermalink
(3) An assessment of pre-training procedures for verification of police candidates to adequately assess their aptitude, professional skills, integrity, and other qualifications that are essential to law enforcement work.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(5) Provide recommendations, including recommendations related to required resources and actions, 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.CommentsClose CommentsPermalink
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 congressional committees a report detailing the humanitarian conditions and efficacy and obstacles to humanitarian and reconstruction assistance activities in Gaza.CommentsClose CommentsPermalink
(b) Contents- The reports required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(1) An assessment of the level of access to basic necessities in Gaza, including food, fuel, water, sanitation, education, and healthcare.CommentsClose CommentsPermalink
(2) An assessment of the ability to successfully deliver and distribute humanitarian and reconstruction goods and supplies.CommentsClose CommentsPermalink
(3) A description of the efforts of the United States and its allies to facilitate the receipt and distribution of humanitarian and reconstruction assistance in Gaza.CommentsClose CommentsPermalink
(4) An assessment of the obstacles to the delivery of humanitarian and reconstruction assistance, including the activities and policies of Hamas and any organization designated as a foreign terrorist organization under section 219 of the Immigration and Nationality Act.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(6) An assessment of the policy prohibiting personnel of the Department of State and the United States Agency for International Development from traveling to Gaza following the tragic roadside bombing in 2003. Such an assessment should consider and evaluate the prospects that such personnel might resume humanitarian assistance operations or commence monitoring functions relating to humanitarian 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 (
SEC. 1009. REPORT ON ACTIVITIES IN HAITI.
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 on the following:CommentsClose CommentsPermalink
(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 Development (USAID) through assistance appropriated under the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009.CommentsClose CommentsPermalink
(2) GENERAL ACTIVITIES- A summary of activities funded or authorized, in whole or in part, by the Department of State and USAID in the previous 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 Government of Haiti or Haitian nationals.CommentsClose CommentsPermalink
(3) COORDINATION- A description of how United States assistance is coordinated--CommentsClose CommentsPermalink
(A) among United States departments and agencies; andCommentsClose CommentsPermalink
(B) with other donors to Haiti, including programs through the United Nations, the Inter-American Development Bank, and the Organization of American States.CommentsClose CommentsPermalink
(4) BENCHMARKS- A summary of short-term and long-term objectives for United States assistance to Haiti and metrics that will be used to identify, track, and manage the progress of United States activities in Haiti.CommentsClose CommentsPermalink
SEC. 1010. REPORT ON RELIGIOUS MINORITY COMMUNITIES 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 recommendations to protect vulnerable religious minorities throughout the Middle East region.CommentsClose CommentsPermalink
(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 congressional 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 affiliated with minority religions in the Middle East, and recommendations to mitigate adverse humanitarian circumstances facing such persons.CommentsClose CommentsPermalink
SEC. 1011. IRAN’S INFLUENCE IN THE WESTERN HEMISPHERE.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The 2008 Country Report on Terrorism states that ‘Iran and Venezuela continued weekly flights connecting Tehran and Damascus with Caracas. Passengers on these flights were reportedly subject to only cursory immigration and customs controls at Simon Bolivar International Airport in Caracas.’.CommentsClose CommentsPermalink
(2) The Governments of Venezuela and Iran have forged a close relationship.CommentsClose CommentsPermalink
(3) Iran has sought to strengthen ties with several countries in the Western Hemisphere in order to undermine United States foreign policy.CommentsClose CommentsPermalink
(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 report that includes actions taken by the Government of Iran and Hezbollah in the Western Hemisphere. A classified annex may be included, if necessary.CommentsClose CommentsPermalink
SEC. 1012. RECRUITMENT AND HIRING OF VETERANS AT THE DEPARTMENT OF STATE AND UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) Veterans of the Armed Forces have specialized experience gained from working under stressful circumstances in hostile, foreign environments or under difficult circumstances.CommentsClose CommentsPermalink
(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 disabled veteran shall be considered an affirmative factor in making such appointments.’.CommentsClose CommentsPermalink
(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 announced under merit promotion procedures whenever an agency is recruiting from outside its own workforce.CommentsClose CommentsPermalink
(5) The annual report of the Office of Personnel Management on ‘The Employment of Veterans 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.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the Department of State and the United States Agency for International Development should intensify their efforts to recruit more veterans, that those applicants who are entitled to five or ten point veterans preference have also served in the Armed Forces in areas of instability with specialties such as civil affairs, law enforcement, and assignments where they regularly performed other nation-building activities, and that this experience should be an additional affirmative factor in making appointments to serve in the Foreign Service.CommentsClose CommentsPermalink
(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 International 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.CommentsClose CommentsPermalink
SEC. 1013. REPORT ON CHILD ABDUCTION.
Not later than 60 days after the date of the enactment 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.CommentsClose CommentsPermalink
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--CommentsClose CommentsPermalink
(1) United States-based manufacturers; andCommentsClose CommentsPermalink
(2) availability of and access to HIV testing for at-risk populations in low-income countries.CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
SEC. 1015. REPORT ON UNITED STATES-BRAZIL JOINT ACTION PLAN TO ELIMINATE RACIAL DISCRIMINATION.
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 detailing the status, efficacy, and coordination 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 Latinos and indigenous peoples in the Western Hemisphere through cooperation and bilateral efforts.CommentsClose CommentsPermalink
SEC. 1016. REPORT ON REDUCING SMUGGLING AND TRAFFICKING 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 Congress a report on how best to use United States funds to reduce smuggling and trafficking in persons.CommentsClose CommentsPermalink
SEC. 1017. REPORT ON WESTERN HEMISPHERE TRAVEL INITIATIVE.
Not later than 18 months after the date of enactment of this Act, the Secretary of State shall submit to Congress 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 region, with particular emphasis on whether WHTI has been effective in meeting its goal of strengthening United States border security and enhancing accountability of individuals entering the United States, and an assessment of the economic impact associated with WHTI and its effects on small businesses.CommentsClose CommentsPermalink
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 Congress 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 requirements 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 (
(b) Availability to Public- The Office of Management and Budget shall post a public version of each report submitted under subsection (a) on a text-based searchable and publicly available Internet website.CommentsClose CommentsPermalink
TITLE XI--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
TITLE XI--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
Subtitle A--General ProvisionsCommentsClose CommentsPermalink
Subtitle A--General ProvisionsCommentsClose CommentsPermalink
SEC. 1101. BILATERAL COMMISSION WITH NIGERIA.
(a) Sense of Congress- It is the sense of Congress that not later than 180 days after the date of the enactment of this Act, the President should establish a bilateral commission between the United States and Nigeria to support bilateral cooperation in the areas of--CommentsClose CommentsPermalink
(1) trade and development;CommentsClose CommentsPermalink
(2) economic integration;CommentsClose CommentsPermalink
(3) infrastructure planning, finance, development, and management;CommentsClose CommentsPermalink
(4) budget reform and public finance management;CommentsClose CommentsPermalink
(5) higher education, including applied research;CommentsClose CommentsPermalink
(6) energy;CommentsClose CommentsPermalink
(7) peace and security reform;CommentsClose CommentsPermalink
(8) rule of law;CommentsClose CommentsPermalink
(9) anti-corruption efforts, establishment of greater transparency, and electoral reform; andCommentsClose CommentsPermalink
(10) monitoring whether bilateral efforts undertaken between respective Federal, State, and local governments are achieving the goals set forth by the Governments of the United States and Nigeria.CommentsClose CommentsPermalink
(b) Bilateral Commission-CommentsClose CommentsPermalink
(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 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.CommentsClose CommentsPermalink
(2) FUNCTIONS- The commission should--CommentsClose CommentsPermalink
(A) work to establish a bilateral process that establishes the mission, goals, and objectives of a bilateral partnership and establish guidelines for accountability and rules to measure the effectiveness for any initiatives undertaken;CommentsClose CommentsPermalink
(B) monitor bilateral technical assistance and capacity building projects that are consistent with and further the mission, goals, and objectives established by the commission; andCommentsClose CommentsPermalink
(C) submit to the United States President, the United States Congress, the Nigerian President, and the Nigerian National Assembly a report on the amount of progress achieved on projects undertaken by the two governments to achieve bilaterally determined goals established by the commission.CommentsClose CommentsPermalink
(3) MONITORING OF PROJECTS- The commission should select and monitor specific projects that involve an exchange of personnel between the Governments of the United States and Nigeria to determine whether technical assistance and capacity building are being used effectively and whether mutual benefit is being gained through the implementation of such bilateral projects.CommentsClose CommentsPermalink
(4) REVIEW AND REPORT- The Secretary of State should review the work of the commission and annually submit to the President and Congress a report on whether progress has been made to meet the goals set forth by the commission and whether bilateral efforts have served the interest of United States and Nigerian bilateral relations.CommentsClose CommentsPermalink
(5) UNITED STATES CONTRIBUTIONS- United States contributions to support the Commission should be financed through existing resources.CommentsClose CommentsPermalink
SEC. 1102. AUTHORITIES RELATING TO THE SOUTHERN AFRICA ENTERPRISE DEVELOPMENT FUND.
(a) Use of Private Venture Capital-CommentsClose CommentsPermalink
(1) IN GENERAL- In order to maximize the effectiveness of the activities of the Southern Africa Enterprise Development Fund, the Fund may conduct 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 Government, for any lawful investment purpose that the Board of Directors of the Fund may determine in carrying out the activities of the Fund.CommentsClose CommentsPermalink
(2) DISTRIBUTION OF FINANCIAL RETURNS- Financial returns on Fund investments that include a component of private venture capital may be distributed, at such times and in such amounts as the Board of Directors of the Fund may determine, to the investors of such capital.CommentsClose CommentsPermalink
(b) Nonapplicability of Other Laws-CommentsClose CommentsPermalink
(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 notwithstanding any other provision of law.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) Definition- In this section, the term ‘Southern Africa Enterprise Development Fund’ or ‘Fund’ includes--CommentsClose CommentsPermalink
(1) any successor or related entity to the Southern Africa Enterprise Development Fund that is approved the United States Government; andCommentsClose CommentsPermalink
(2) any organization, corporation, limited-liability partnership, foundation, or other corporate structure that receives, or is authorized by the United States Government to manage, any or all of the remaining funds or assets of the Southern Africa Enterprise Development Fund.CommentsClose CommentsPermalink
SEC. 1103. DIABETES TREATMENT AND PREVENTION AND SAFE WATER AND SANITATION FOR PACIFIC ISLAND COUNTRIES.
(a) In General- There is authorized to be appropriated $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 sanitation.CommentsClose CommentsPermalink
(b) Pacific Island Countries Defined- In this section, the term ‘Pacific Island countries’ means Fiji, Kiribati, the Marshall Islands, the Federated States of Micronesia, Nauru, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu.CommentsClose CommentsPermalink
SEC. 1104. STATELESSNESS.
(a) Purpose- It is the purpose of this section to increase global stability and security for the United States 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 nationality and its concomitant rights and obligations and are excluded from full participation in civil society.CommentsClose CommentsPermalink
(b) Findings- Congress finds the following:CommentsClose CommentsPermalink
(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 inalienable 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.CommentsClose CommentsPermalink
(2) The right to a nationality and citizenship is therefore specifically protect in international declarations and treaties, including Article 15 of the Universal Declaration of Human Rights, the 1954 Convention Relating to the Status of Stateless Persons, the 1961 Convention on the Reduction of Statelessness, Article 24 of the International Covenant on Civil and Political Rights, and Article 9(2) of the Convention on the Elimination of Discrimination Against Women.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(c) The United Nations-CommentsClose CommentsPermalink
(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 Refugees (UNHCR) to prevent and resolve problems related to de jure and de facto statelessness, and to promote the rights of the de jure or de facto stateless, by taking these and other actions:CommentsClose CommentsPermalink
(A) Increasing the attention of the United Nations and the UNHCR to de jure and de facto statelessness and increasing its capacity to reduce statelessness around the world by coordinating the mainstreaming of de jure and de facto statelessness into all of the United Nations human rights work, in cooperation with all relevant United Nations agencies.CommentsClose CommentsPermalink
(B) Urging United Nations country teams in countries with significant de jure or de facto stateless populations to devote increasing attention and resources to undertake coordinated efforts 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 protection.CommentsClose CommentsPermalink
(C) Urging the creation of an Inter-Agency Task Force on Statelessness with representation 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 exchange on de jure and de facto statelessness to ensure a consistent and comprehensive approach to the identification of stateless groups and individuals and resolution of their status.CommentsClose CommentsPermalink
(D) Urging that nationality and de jure and de facto statelessness issues are addressed in all country reviews conducted by United Nations treaty bodies and relevant special mechanisms 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.CommentsClose CommentsPermalink
(E) Urging the UNHCR to include nationality and statelessness in all country-specific and thematic monitoring, reporting, training, and protection activities, and across special procedures, 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.CommentsClose CommentsPermalink
(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 gives women full and equal rights regarding citizenship.CommentsClose CommentsPermalink
(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 activities, particularly in field operations, to better respond to the wide range of protection and assistance needs of de jure or de facto stateless individuals.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 jure or de facto stateless individuals. Such funds may be used to--CommentsClose CommentsPermalink
(A) protect the rights, meet emergency humanitarian needs, and provide assistance to de jure or de facto stateless groups and individuals;CommentsClose CommentsPermalink
(B) provide additional resources to--CommentsClose CommentsPermalink
(i) increase the number of protection officers;CommentsClose CommentsPermalink
(ii) increase the number of professional staff in the statelessness unit; andCommentsClose CommentsPermalink
(iii) train protection officers and United Nations country teams in the field to identify, reduce, protect, and prevent de jure and de facto statelessness;CommentsClose CommentsPermalink
(C) improve identification of de jure or de facto stateless groups and individuals by carrying 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; andCommentsClose CommentsPermalink
(D) increase the United Nations educational and technical assistance programs to prevent de jure and de facto statelessness, including outreach to Member States and their legislatures, with particular emphasis on those countries determined to have protracted de jure or de facto statelessness situations.CommentsClose CommentsPermalink
(3) AUTHORIZATION OF APPROPRIATIONS TO THE UNICEF- There is authorized to be appropriated $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 stateless populations to bring about the full registration of all children born to de jure or de facto stateless parents.CommentsClose CommentsPermalink
(d) The United States-CommentsClose CommentsPermalink
(1) FOREIGN POLICY- Given the importance of obtaining and preserving nationality and the protection of a government, and of preventing the exploitation 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 foreign policy and human rights efforts. Such efforts shall include--CommentsClose CommentsPermalink
(A) calling upon host countries to protect and assume responsibility for de jure or de facto stateless groups or individuals;CommentsClose CommentsPermalink
(B) working with countries of origin to facilitate the resolution of problems faced by de jure or de facto stateless groups or individuals;CommentsClose CommentsPermalink
(C) working with countries of origin and host countries to facilitate the resolution of disputes and conflicts that cause or result in the creation of de jure or de facto statelessness;CommentsClose CommentsPermalink
(D) encouraging host countries to afford de jure or de facto stateless groups or individuals the full protection of the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness and all relevant international conventions;CommentsClose CommentsPermalink
(E) directing the Secretary of State to provide assistance to countries to prevent and resolve situations of de jure or de facto statelessness and to prevent the trafficking or exploitation of de jure or de facto stateless individuals;CommentsClose CommentsPermalink
(F) directing the Office of Trafficking in Persons of the Department of State to continue to document and analyze the effects of statelessness on trafficking in persons, both as a cause of trafficking and as an obstacle to reaching and assisting trafficked persons; andCommentsClose CommentsPermalink
(G) encouraging and facilitating the work of nongovernmental organizations in the United States and abroad that provide legal and humanitarian support to de jure or de facto stateless groups or individuals, to increase the access of de jure or de facto stateless groups or individuals to such organizations, and to encourage other governments to provide similar support and access.CommentsClose CommentsPermalink
(2) UNITED STATES ACTIVITIES-CommentsClose CommentsPermalink
(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 protecting 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 of the Senate a report that includes the following:CommentsClose CommentsPermalink
(i) A list of countries and territories with significant de jure or de facto stateless populations under their jurisdictions and the conditions and consequences of such de jure or de facto statelessness of such individuals.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) STATEMENT OF POLICY- It shall be the policy of the United States to comply with the principles and provisions of the 1954 Convention Relating to the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness to the fullest extent possible and to encourage other countries to do so as well.CommentsClose CommentsPermalink
(C) ACTIONS BY SECRETARY OF STATE-CommentsClose CommentsPermalink
(i) INCREASE IN RESOURCES AND STAFF- The Secretary of State shall permanently increase in the Bureau of Population, Refugees, and Migration in the Department 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.CommentsClose CommentsPermalink
(ii) COORDINATION- To coordinate United States policies toward combating de jure and de facto statelessness, the Secretary of State shall establish an Interagency Working Group to Combat Statelessness. This working group should include 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 Department of Homeland Security.CommentsClose CommentsPermalink
(D) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subsection.CommentsClose CommentsPermalink
SEC. 1105. STATEMENT OF POLICY REGARDING THE ECUMENICAL PATRIARCHATE.
It shall be the policy of the United States to urge Turkey to--CommentsClose CommentsPermalink
(1) respect property rights and religious rights of the Ecumenical Patriarch;CommentsClose CommentsPermalink
(2) grant the Ecumenical Patriarchate appropriate international recognition and ecclesiastic succession; andCommentsClose CommentsPermalink
(3) grant the Ecumenical Patriarchate the right to train clergy of all nationalities, not just Turkish nationals.CommentsClose CommentsPermalink
SEC. 1106. LIMITATION ON ASSISTANCE FOR WEATHER COOPERATION ACTIVITIES TO COUNTRIES IN THE AMERICAS.
(a) Sense of Congress- It is the sense of Congress that the United States should facilitate international cooperation on hurricane preparedness because--CommentsClose CommentsPermalink
(1) hundreds of millions of people in the Americas live in coastal communities and are susceptible to the immense risks posed by hurricanes;CommentsClose CommentsPermalink
(2) the need for hurricane tracking overflights and other weather cooperation activities to track and monitor hurricanes in the Americas is acute; andCommentsClose CommentsPermalink
(3) accurate hurricane forecasts can help prevent the loss of life and injury and reduce property loss and economic disruption.CommentsClose CommentsPermalink
(b) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall transmit to the appropriate congressional committees a report on the status of United States cooperation with other countries in the Americas on hurricane preparedness and other weather cooperation activities.CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) a list of countries in the Americas that do not cooperate with the United States on hurricane preparedness and other weather cooperation activities; andCommentsClose CommentsPermalink
(B) the status of any negotiations regarding hurricane preparedness and other weather cooperation activities between the United States and countries listed in subparagraph (A).CommentsClose CommentsPermalink
(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).CommentsClose CommentsPermalink
(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 congressional committees that the waiver is in the national interest of the United States.CommentsClose CommentsPermalink
SEC. 1107. STATEMENT OF CONGRESS REGARDING AFGHAN WOMEN.
Congress--CommentsClose CommentsPermalink
(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 inconsistent with the Constitution of Afghanistan;CommentsClose CommentsPermalink
(2) urges President Karzai, the Ministry of Justice, and other parties involved in reviewing the law to formally declare as unconstitutional the provisions of such law regarding marital rape and restrictions on women’s freedom of movement;CommentsClose CommentsPermalink
(3) reiterates its strong sense that the provisions in such law which restrict the rights of women should be removed, and that an amended draft of the Shi’ite Personal Status Law should be submitted for parliamentary review;CommentsClose CommentsPermalink
(4) recognizes that actions limiting or suppressing the human rights of Afghan women and girls undermines the intent of the significant financial 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 fundamental human rights to overcome the devastating damage to those rights from years of Taliban rule;CommentsClose CommentsPermalink
(5) encourages the Secretary of State, the Special Representative for Afghanistan and Pakistan, the Ambassador-at-Large for Global Women’s Issues, and the United States Ambassador to Afghanistan to consider and address the status of women’s rights and security in Afghanistan to ensure that such rights are not being eroded through unjust laws, policies, or institutions; andCommentsClose CommentsPermalink
(6) encourages the Government of Afghanistan to solicit information and advice from the Ministry of Justice, the Ministry for Women’s Affairs, the Afghanistan Independent Human Rights Commission, and women-led nongovernmental organizations to ensure that current and future legislation and official 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 Afghanistan.CommentsClose CommentsPermalink
SEC. 1108. GLOBAL PEACE OPERATIONS INITIATIVE PROGRAMS AND ACTIVITIES.
(a) Findings- Congress makes the following findings:CommentsClose CommentsPermalink
(1) Over 100,000 military and civilian personnel are engaged in 18 United Nations peacekeeping operations around the world. Peacekeeping operations are critical to maintaining a peaceful and stable international environment.CommentsClose CommentsPermalink
(2) The United States has a vital interest in ensuring that United Nations peacekeeping operations are successful. Countries undergoing conflict threaten the national and economic security of the United States, risk becoming safe havens for terrorist organizations, and often feature levels of human rights abuses and human deprivation that are an affront to the values of the American people.CommentsClose CommentsPermalink
(3) Over the years, United Nations peacekeeping has evolved to meet the demands of different conflicts and a changing political landscape. Today’s peacekeeping mission is most often ‘multidimensional’ 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 delivery of humanitarian relief and disarmament, demobilization and reintegration of former combatants.CommentsClose CommentsPermalink
(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 operation, regardless of location.CommentsClose CommentsPermalink
(5) In many missions due to vast swaths of terrain and limited infrastructure, ongoing low-intensity 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.CommentsClose CommentsPermalink
(6) The United Nations Secretary-General has repeatedly noted the deleterious impact of insufficient helicopters for peacekeeping missions in Darfur 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.CommentsClose CommentsPermalink
(7) Senate Resolution 432 and House Resolution 1351 of the 110th Congress--CommentsClose CommentsPermalink
(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 Nations-African Union Mission in Darfur (UNAMID) to do so as soon as possible; andCommentsClose CommentsPermalink
(B) urged the President to intervene personally by contacting other heads of state and asking them to contribute the aircraft and crews to the Darfur mission.CommentsClose CommentsPermalink
(8) The current framework of relying on member 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 authorized within the next 5 to 7 years would face similar shortfalls.CommentsClose CommentsPermalink
(9) Numerous studies and reports have determined 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.CommentsClose CommentsPermalink
(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 peacekeepers worldwide, to include financing the refurbishment of helicopters.CommentsClose CommentsPermalink
(c) Use of Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State is authorized to use amounts authorized to be appropriated 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--CommentsClose CommentsPermalink
(A) assist partner countries to establish and strengthen the institutional infrastructure required for such countries to achieve self-sufficiency in participating in peace support operations, including for the training of formed police units;CommentsClose CommentsPermalink
(B) train peacekeepers worldwide to increase global capacity to participate in peace support operations;CommentsClose CommentsPermalink
(C) provide transportation and logistics support to deploying peacekeepers as appropriate;CommentsClose CommentsPermalink
(D) enhance the capacity of regional and sub-regional organizations to train for, plan, deploy, manage, obtain, and integrate lessons learned from peace operations;CommentsClose CommentsPermalink
(E) support multilateral approaches to coordinate international contributions to peace support operations capacity building efforts; andCommentsClose CommentsPermalink
(F) financing the refurbishment of helicopters 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.CommentsClose CommentsPermalink
(2) SENSE OF CONGRESS- It is the sense of Congress that failure on the part of the international community to take all steps necessary to deploy and maintain fully capacitated United Nations peacekeeping operations will result in continued 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.CommentsClose CommentsPermalink
(3) SUPPORT FROM OTHER COUNTRIES- In providing funding under paragraph (1), the Secretary of State shall to the greatest extent possible seek to leverage such funding with financing from other countries.CommentsClose CommentsPermalink
(4) RELATION TO OTHER PROGRAMS AND ACTIVITIES- The activities described under paragraph (1)(F) may be coordinated or conducted in conjunction with other foreign assistance programs and activities of the United States, as appropriate and in accordance with United States law.CommentsClose CommentsPermalink
(d) Report-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) CONTENTS- The report required under paragraph (1) shall include--CommentsClose CommentsPermalink
(A) a description of the Global Peace Operations Initiative programs and activities undertaken, by country;CommentsClose CommentsPermalink
(B) a description of the funds obligated and expended in each country, by program and fiscal year;CommentsClose CommentsPermalink
(C) a description of the coordination of these efforts within the United States Government interagency process and with other nations along with any recommendations for improvements;CommentsClose CommentsPermalink
(D) a description of the GPOI’s activities concerning the refurbishment of air assets for United Nations peacekeeping operations and regional peacekeeping operations that have been approved by the United Nations Security Council;CommentsClose CommentsPermalink
(E) information on the training and deployment activities of graduates of the international Center of Excellence for Stability Police Units (COESPU) in their home countries;CommentsClose CommentsPermalink
(F) a description of vetting activities for all GPOI training to ensure that all individuals in composite units are vetted for human rights violations;CommentsClose CommentsPermalink
(G) information concerning the timeliness of equipment delivery and recommendations for improvement as appropriate; andCommentsClose CommentsPermalink
(H) description of how GPOI trainees and GPOI-provided equipment contribute to improved civilian protection in peace operations.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) Definition- In this section, the term ‘Global Peace Operations Initiative’ or ‘GPOI’ means the program established by the Department of State to address major gaps in international peace operations support, including by building and maintaining capability, capacity, and effectiveness of peace operations.CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
(b) Inclusion of Additional Information Relating to Freedom of the Press Worldwide in Annual Country Reports on Human Rights Practices- The Foreign Assistance Act of 1961 is amended--CommentsClose CommentsPermalink
(1) in section 116(d) (
(A) in paragraph (11), by striking ‘and’ at the end;CommentsClose CommentsPermalink
(B) in paragraph (12), by striking the period at the end and inserting ‘; and’; andCommentsClose CommentsPermalink
(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink
‘(13) wherever applicable--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(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; andCommentsClose CommentsPermalink
‘(C) in countries where there are particularly severe violations of freedom of the press--CommentsClose CommentsPermalink
‘(i) whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press; andCommentsClose CommentsPermalink
‘(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 individuals who attack or murder journalists.’; andCommentsClose CommentsPermalink
(2) in section 502B (
‘(i) The report required by subsection (b) shall include, wherever applicable--CommentsClose CommentsPermalink
‘(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 appropriate, the independence of the media, together with an assessment of progress made as a result of those efforts;CommentsClose CommentsPermalink
‘(2) 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; andCommentsClose CommentsPermalink
‘(3) in countries where there are particularly severe violations of freedom of the press--CommentsClose CommentsPermalink
‘(A) whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press; andCommentsClose CommentsPermalink
‘(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.’.CommentsClose CommentsPermalink
(c) Freedom of the Press Grant Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The Secretary of State shall administer a grant program with the aim of promoting 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.CommentsClose CommentsPermalink
(2) AMOUNTS AND TIME- Grants may be awarded to nonprofit and international organizations and may span multiple years, up to 5 years.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(d) Media Organization Defined- In this section, the term ‘media organization’ means a group or organization that gathers and disseminates news and information to the public (through any medium of mass communication) in a foreign country in which the group or organization is located, except that the term does not include a group or organization that is primarily an agency or instrumentality of the government of such foreign country. 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.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There is authorized to be appropriated such sums as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 1110. INFORMATION FOR COUNTRY COMMERCIAL GUIDES ON BUSINESS AND INVESTMENT CLIMATES.
(a) In General- The Director General of the Foreign Commercial Service, in consultation with the Assistant 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--CommentsClose CommentsPermalink
(1) detailed assessments concerning each foreign country in which acts of unfair business and investment practices or other actions that have resulted in poor business and investment climates were, in the opinion of the Director General of the Foreign Commercial Service, of major significance;CommentsClose CommentsPermalink
(2) all relevant information about such unfair business and investment practices or other actions during the preceding year by members of the business community, the judiciary, and the government of such country which may have impeded United States business or investment in such country, including the capacity for United States citizens to operate their businesses without fear of reprisals; andCommentsClose CommentsPermalink
(3) information on--CommentsClose CommentsPermalink
(A) the extent to which the government of such country is working to prevent unfair business and investment practices; andCommentsClose CommentsPermalink
(B) the extent of United States Government action to prevent unfair business and investment practices or other actions that harm United States business or investment interests in relevant cases in such country.CommentsClose CommentsPermalink
(b) Additional Provisions To Be Included- The information required under subsection (a) should, to the extent feasible, include--CommentsClose CommentsPermalink
(1) with respect to paragraph (1) of such subsection--CommentsClose CommentsPermalink
(A) a review of the efforts undertaken by each foreign country to promote a healthy business and investment climate that is also conducive to the United States business community and United States investors, including, as appropriate, steps taken in international fora;CommentsClose CommentsPermalink
(B) the response of the judicial and local arbitration systems of each such country that is the subject of such detailed assessment with respect to matters relating to the business and investment climates affecting United States citizens and entities, or that have, in the opinion of the Director General of the Foreign Commercial Service, a significant impact on United States business and investment efforts; andCommentsClose CommentsPermalink
(C) each such country’s access to the United States market;CommentsClose CommentsPermalink
(2) with respect to paragraph (2) of such subsection--CommentsClose CommentsPermalink
(A) any actions undertaken by the government of each foreign country that prevent United States citizens and businesses from receiving equitable treatment;CommentsClose CommentsPermalink
(B) actions taken by private businesses and citizens of each such country against members of the United States business community and United States investors;CommentsClose CommentsPermalink
(C) unfair decisions rendered by the legal systems of each such country that clearly benefit State and local corporations and industries; andCommentsClose CommentsPermalink
(D) unfair decisions rendered by local arbitration panels of each such country that do not exemplify objectivity and do not provide an equitable ground for United States citizens and businesses to address their disputes; andCommentsClose CommentsPermalink
(3) with respect to paragraph (3) of such subsection, actions taken by the United States Government to--CommentsClose CommentsPermalink
(A) promote the rule of law;CommentsClose CommentsPermalink
(B) prevent discriminatory treatment of United States citizens and businesses engaged in business or investment activities in each foreign country;CommentsClose CommentsPermalink
(C) allow United States goods to enter each such country without requiring a co-production agreement; andCommentsClose CommentsPermalink
(D) protect United States intellectual property rights.CommentsClose CommentsPermalink
(c) Consultation- In carrying out this section, the Director General of the Foreign Commercial Service shall consult with business leaders, union leaders, representatives of the judicial system of each foreign country described in subsection (a), and relevant nongovernmental organizations.CommentsClose CommentsPermalink
(d) Business and Investment Climate Warnings- 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 warning system that effectively alerts United States businesses and investors of--CommentsClose CommentsPermalink
(1) a significant deterioration in the business and investment climate in a foreign country, including discriminatory treatment of United States businesses; orCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(e) Definitions- In this section:CommentsClose CommentsPermalink
(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 international organization to produce or manufacture an item.CommentsClose CommentsPermalink
(2) RULE OF LAW- The term ‘rule of law’ means the extent to which laws of a foreign country are publicly promulgated, equally enforced, independently adjudicated, and are consistent with international norms and standards.CommentsClose CommentsPermalink
(3) UNFAIR BUSINESS AND INVESTMENT PRACTICES- The term ‘unfair business and investment practices’ includes any of the following:CommentsClose CommentsPermalink
(A) Unlawful actions under international law or the law of the foreign country taken by the government of such country or by businesses, citizens, or other entities of such country that have resulted in lost assets, contracts, or otherwise contributed to an inhospitable business or investment climate.CommentsClose CommentsPermalink
(B) Discriminatory treatment of United States businesses, whether wholly or partially owned.CommentsClose CommentsPermalink
(C) Failure to protect intellectual property rights.CommentsClose CommentsPermalink
(D) Requiring a co-production agreement in order for goods from the United States to enter a foreign country.CommentsClose CommentsPermalink
SEC. 1111. INTERNATIONAL PROTECTION OF GIRLS BY PREVENTING CHILD MARRIAGE.
(a) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) child marriage is a violation of human rights and the prevention and elimination of child marriage should be a foreign policy goal of the United States;CommentsClose CommentsPermalink
(2) the practice of child marriage undermines United States investments in foreign assistance to promote education and skills building for girls, reduce maternal and child mortality, reduce maternal illness, halt the transmission of HIV/AIDS, prevent gender-based violence, and reduce poverty; andCommentsClose CommentsPermalink
(3) expanding educational opportunities for girls, economic opportunities for women, and reducing 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.CommentsClose CommentsPermalink
(b) Strategy To Prevent Child Marriage in Developing Countries-CommentsClose CommentsPermalink
(1) STRATEGY REQUIRED- The President, acting through the Secretary of State, shall establish a multi-year strategy to prevent child marriage in developing countries and promote the empowerment of girls at risk of child marriage in developing countries, including by addressing the unique needs, vulnerabilities, and potential of girls under 18 in developing countries.CommentsClose CommentsPermalink
(2) CONSULTATION- In establishing the strategy required by paragraph (1), the President shall consult with Congress, relevant Federal departments and agencies, multilateral organizations, and representatives of civil society.CommentsClose CommentsPermalink
(3) ELEMENTS- The strategy required by paragraph (1) shall--CommentsClose CommentsPermalink
(A) focus on areas in developing countries with high prevalence of child marriage; andCommentsClose CommentsPermalink
(B) encompass diplomatic initiatives between 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 education, health, income generation, changing social norms, human rights, and democracy building.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the strategy required by paragraph (1);CommentsClose CommentsPermalink
(B) an assessment, including data disaggregated by age and gender to the extent possible, of current United States-funded efforts to specifically assist girls in developing countries; andCommentsClose CommentsPermalink
(C) examples of best practices or programs to prevent child marriage in developing countries that could be replicated.CommentsClose CommentsPermalink
(c) Research and Data Collection- The Secretary of State shall work with relevant Federal departments and agencies as part of their ongoing research and data collection activities, to--CommentsClose CommentsPermalink
(1) collect and make available data on the incidence of child marriage in countries that receive foreign or development assistance from the United States where the practice of child marriage is prevalent; andCommentsClose CommentsPermalink
(2) collect and make available data on the impact of the incidence of child marriage and the age at marriage on progress in meeting key development goals.CommentsClose CommentsPermalink
(d) Department of State’s Country Reports on Human Rights Practices- The Foreign Assistance Act of 1961 is amended--CommentsClose CommentsPermalink
(1) in section 116 (
‘(g) The report required by subsection (d) shall include 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.’; andCommentsClose CommentsPermalink
(2) in section 502B (
‘(j) The report required by subsection (b) shall include 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.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(f) Authorization of Appropriations- Of the amounts authorized to be appropriated pursuant to section 101 of this division, there is authorized to be appropriated as such sums as necessary for fiscal years 2010 through 2011 to carry out this section and the amendments made by this section.CommentsClose CommentsPermalink
SEC. 1112. STATEMENT OF CONGRESS REGARDING RETURN OF PORTRAITS OF HOLOCAUST VICTIMS TO ARTIST DINA BABBITT.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Dina Babbitt (formerly known as Dinah Gottliebova), a United States citizen, has requested the return of watercolor portraits she painted while suffering a 1 1/2 -year-long internment at the Auschwitz death camp during World War II.CommentsClose CommentsPermalink
(2) Dina Babbitt was ordered to paint the portraits by the infamous war criminal Dr. Josef Mengele.CommentsClose CommentsPermalink
(3) Dina Babbitt’s life, and her mother’s life, were spared only because she painted portraits of doomed inmates of Auschwitz-Birkenau, under orders from Dr. Josef Mengele.CommentsClose CommentsPermalink
(4) These paintings are currently in the possession of the Auschwitz-Birkenau State Museum.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(6) This continued injustice can be righted through cooperation between agencies of the United States and Poland.CommentsClose CommentsPermalink
(7) This issue was raised in the Foreign Relations Authorization Act, Fiscal Year 2003 (
(b) Statement of Congress- Congress--CommentsClose CommentsPermalink
(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 perpetrated by the Nazi command of the Auschwitz-Birkenau death camp, including the atrocities committed by Dr. Josef Mengele;CommentsClose CommentsPermalink
(2) urges the President to make all efforts necessary to retrieve the seven watercolor portraits Dina Babbitt painted, while suffering a 1 1/2 -year-long internment at the Auschwitz death camp, and return them to her;CommentsClose CommentsPermalink
(3) urges the Secretary of State to make immediate diplomatic efforts to facilitate the transfer of the seven original watercolors painted by Dina Babbitt from the Auschwitz-Birkenau State Museum to Dina Babbitt, their rightful owner;CommentsClose CommentsPermalink
(4) urges the Government of Poland to immediately facilitate the return to Dina Babbitt of the artwork painted by her that is now in the possession of the Auschwitz-Birkenau State Museum; andCommentsClose CommentsPermalink
(5) urges the officials of the Auschwitz-Birkenau State Museum to transfer the seven original paintings to Dina Babbitt as expeditiously as possible.CommentsClose CommentsPermalink
SEC. 1113. STATEMENT OF POLICY REGARDING SOMALIA.
(a) Statement of Policy- It shall be the policy of the United States to--CommentsClose CommentsPermalink
(1) advance long-term stability and peace in Somalia;CommentsClose CommentsPermalink
(2) provide assistance to the government of Somalia and nongovernmental organizations, including Somali-led nongovernmental organizations, and particularly women’s groups, as appropriate;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(4) support reconciliation efforts in Somalia in order to ensure lasting peace.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that the President, acting through the Secretary of State, should develop a comprehensive policy in coordination with the international community and the government of Somalia that aligns humanitarian, development, economic, political, counterterrorism, anti-piracy, and regional strategies in order to bring about peace and stability in Somalia and the region.CommentsClose CommentsPermalink
SEC. 1114. MODERNIZATION AND STREAMLINING OF UNITED STATES FOREIGN ASSISTANCE.
(a) Amendment- Chapter 1 of part III of the Foreign Assistance Act of 1961 (
‘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 bilateral and multilateral agencies and entities.CommentsClose CommentsPermalink
‘(b) Elements- In carrying out subsection (a), the Secretary, under the direction of the President, should ensure that the head of each Federal department or agency carrying out United States foreign assistance programs--CommentsClose CommentsPermalink
‘(1) establishes measurable performance goals, including gender-sensitive goals wherever possible, for such programs;CommentsClose CommentsPermalink
‘(2) establishes criteria for selection of such programs to be subject to various evaluation methodologies, with particular emphasis on impact evaluation;CommentsClose CommentsPermalink
‘(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 evaluation activities with respect to such programs;CommentsClose CommentsPermalink
‘(4) establishes a process for applying the lessons learned and findings from monitoring and evaluation activities, including impact evaluation research, into future budgeting, planning, programming, design and implementation of such programs; andCommentsClose CommentsPermalink
‘(5) establishes a policy to publish all evaluation plans and reports relating to such programs.CommentsClose CommentsPermalink
‘(c) Annual Evaluation Plans-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In carrying out subsection (a), the Secretary, under the direction of the President, should ensure that the head of each Federal department or agency carrying out United States foreign assistance programs develops an annual evaluation plan for such programs stating how the department or agency will implement this section.CommentsClose CommentsPermalink
‘(2) CONSULTATION- In preparing the evaluation plan, the head of each Federal department or agency carrying out United States foreign assistance programs should consult with the heads of other appropriate Federal departments and agencies, governments of host countries, international and local nongovernmental organizations, and other relevant stakeholders.CommentsClose CommentsPermalink
‘(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 congressional committees an evaluation plan consistent with this subsection.CommentsClose CommentsPermalink
‘(d) Capacity Building-CommentsClose CommentsPermalink
‘(1) FOR FEDERAL DEPARTMENTS AND AGENCIES- The Secretary, under the direction of the President and in consultation with the head of each Federal department or agency carrying out United States foreign assistance programs, should take concrete 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.CommentsClose CommentsPermalink
‘(2) FOR RECIPIENT COUNTRIES- The Secretary is authorized to provide assistance to increase the capacity of countries receiving United States foreign assistance to design and conduct performance monitoring and improvement and evaluation activities.CommentsClose CommentsPermalink
‘(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.CommentsClose CommentsPermalink
‘(f) Report-CommentsClose CommentsPermalink
‘(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 committees a report on--CommentsClose CommentsPermalink
‘(A) the use of funds to carry out evaluations under this section;CommentsClose CommentsPermalink
‘(B) the status and findings of evaluations under this section; andCommentsClose CommentsPermalink
‘(C) the use of findings and lessons learned from evaluations under this section, including actions taken in response to recommendations included in current and previous evaluations, such as the improvement or continuation of a program, project, or activity.CommentsClose CommentsPermalink
‘(2) PUBLICATION- The report shall also be made available on the Department of State’s website.CommentsClose CommentsPermalink
‘(g) Definitions-CommentsClose CommentsPermalink
‘(1) IN GENERAL- In this section--CommentsClose CommentsPermalink
‘(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;CommentsClose CommentsPermalink
‘(B) the term ‘Secretary’ means the Secretary of State; andCommentsClose CommentsPermalink
‘(C) the term ‘United States foreign assistance’ means--CommentsClose CommentsPermalink
‘(i) assistance authorized under this Act; andCommentsClose CommentsPermalink
‘(ii) assistance authorized under any other provision of law that is classified under budget function 150 (International Affairs).CommentsClose CommentsPermalink
‘(2) TERMS RELATING TO MONITORING AND EVALUATION- In this section--CommentsClose CommentsPermalink
‘(A) the term ‘evaluation’ means the systematic and objective determination and assessment of the design, implementation, and results of an on-going or completed program, project, or activity;CommentsClose CommentsPermalink
‘(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 program, project, or activity intervention instead of other environmental factors, including change in political climate and other donor assistance;CommentsClose CommentsPermalink
‘(C) the term ‘impacts’ means the positive and negative, direct and indirect, intended and unintended long-term effects produced by a program, project, or activity;CommentsClose CommentsPermalink
‘(D) the term ‘outcomes’ means the likely or achieved immediate and intermediate effects of the outputs of a program, project, or activity;CommentsClose CommentsPermalink
‘(E) the term ‘outputs’ means the products, capital, goods, and services that result from a program, project, or activity; andCommentsClose CommentsPermalink
‘(F) the term ‘performance monitoring and improvement’ means a continuous process of collecting, analyzing, and using data to compare how well a program, project, or activity is being implemented against expected outputs and program costs and to make appropriate improvements accordingly.CommentsClose CommentsPermalink
‘(h) Funding- Of the amounts authorized to be appropriated for each United States foreign assistance program 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.’.CommentsClose CommentsPermalink
(b) Repeals of Obsolete Authorizations of Assistance; Conforming Amendments-CommentsClose CommentsPermalink
(1) REPEALS- The following provisions of the Foreign Assistance Act of 1961 are hereby repealed:CommentsClose CommentsPermalink
(A) Section 125 (
; relating to general development assistance).CommentsClose CommentsPermalink 22 U.S.C. 2151w (B) Section 219 (
; relating to prototype desalting plant).CommentsClose CommentsPermalink 22 U.S.C. 2179 (C) Title V of chapter 2 of part I (
; relating to disadvantaged children in Asia).CommentsClose CommentsPermalink 22 U.S.C. 2201 (D) Section 466 (
; relating to debt-for-nature exchanges pilot program for sub-Saharan Africa).CommentsClose CommentsPermalink 22 U.S.C. 2286 (E) Sections 494, 495, and 495B through 495K (
, 2292f, and 2292h through 2292q; relating to certain international disaster assistance authorities).CommentsClose CommentsPermalink 22 U.S.C. 2292c (F) Section 648 (
; relating to certain miscellaneous provisions).CommentsClose CommentsPermalink 22 U.S.C. 2407 (2) CONFORMING AMENDMENT- Section 135 of the Foreign Assistance Act of 1961 (
) is amended by striking ‘section 135’ and inserting ‘section 136’.CommentsClose CommentsPermalink 22 U.S.C. 2152h
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 nutrition, increase food security, and ensure that relevant Federal policies and programs--CommentsClose CommentsPermalink
(1) provide emergency response and direct support to vulnerable populations in times of need, whether provoked by natural disaster, conflict, or acute economic difficulties;CommentsClose CommentsPermalink
(2) increase resilience to and reduce, limit, or mitigate the impact of shocks on vulnerable populations, reducing the need for emergency interventions;CommentsClose CommentsPermalink
(3) increase and build the capacity of people and governments to sustainably feed themselves;CommentsClose CommentsPermalink
(4) ensure adequate access for all individuals, especially mothers and children, to the required calories and nutrients needed to live healthy lives;CommentsClose CommentsPermalink
(5) strengthen the ability of small-scale farmers, especially women, to sustain and increase their production and livelihoods; andCommentsClose CommentsPermalink
(6) incorporate sustainable and environmentally sound agricultural methods and practices.CommentsClose CommentsPermalink
(b) Initiatives- It is the sense of Congress that initiatives developed to carry out subsection (a) should--CommentsClose CommentsPermalink
(1) be guided by a comprehensive strategy under Presidential leadership that integrates the policies and programs of all Federal agencies;CommentsClose CommentsPermalink
(2) be balanced and flexible to allow for programs that meet emergency needs and increased investments in longer-term programs;CommentsClose CommentsPermalink
(3) develop mechanisms that allow cash and commodity-based resources to be effectively combined;CommentsClose CommentsPermalink
(4) define clear targets, benchmarks, and indicators of success, including gender analysis, in order to monitor implementation, guarantee accountability, and determine whether beneficiaries achieve increased and sustainable food security;CommentsClose CommentsPermalink
(5) employ the full range of diplomatic resources and provide incentives to other countries to meet their obligations to reduce hunger and promote food security; andCommentsClose CommentsPermalink
(6) work within a framework of multilateral commitments.CommentsClose CommentsPermalink
(c) Comprehensive Strategy to Address Global Hunger and Food Security-CommentsClose CommentsPermalink
(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 implement a comprehensive strategy to address global hunger and food security with respect to international programs and policies for--CommentsClose CommentsPermalink
(A) emergency response and management;CommentsClose CommentsPermalink
(B) safety nets, social protection, and disaster risk reduction;CommentsClose CommentsPermalink
(C) nutrition;CommentsClose CommentsPermalink
(D) market-based agriculture, the rehabilitation and expansion of rural agricultural infrastructure, and rural development;CommentsClose CommentsPermalink
(E) agricultural education, research and development, and extension services;CommentsClose CommentsPermalink
(F) government-to-government technical assistance programs;CommentsClose CommentsPermalink
(G) natural resource management, environmentally sound agriculture, and responses to the impact of climate change on agriculture and food production;CommentsClose CommentsPermalink
(H) monitoring and evaluation mechanisms; andCommentsClose CommentsPermalink
(I) provision of adequate and sustained resources, including multiyear funding, to ensure the scale and duration of programs required to carry out the United States commitment to alleviate global hunger and promote food security.CommentsClose CommentsPermalink
(2) COORDINATION WITH INTERNATIONAL GOALS- In accordance with applicable law, the Secretary of State shall ensure that the comprehensive strategy described in paragraph (1) contributes to achieving the Millennium Development Goal of reducing 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.CommentsClose CommentsPermalink
(d) Reports-CommentsClose CommentsPermalink
(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 implementation 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.CommentsClose CommentsPermalink
(2) GAO- Not later than 2 years after the date of the enactment of this Act and 2 years thereafter, the Comptroller General of the United States shall submit to Congress a report evaluating the design, implementation, and Federal Government coordination of a comprehensive strategy to address global hunger and food security required on subsection (c).CommentsClose CommentsPermalink
SEC. 1116. STATEMENT OF CONGRESS ON THE HUMANITARIAN SITUATION IN SRI LANKA.
Congress makes the following statements:CommentsClose CommentsPermalink
(1) the United States welcomes the end to the 26-year conflict in Sri Lanka between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam;CommentsClose CommentsPermalink
(2) a durable and lasting peace will only be achieved through a political solution that addresses the legitimate aspirations of all Sri Lankan communities, including the Tamils;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(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 about the plight of the thousands civilians affected by the civil war;CommentsClose CommentsPermalink
(5) the United States expects the Government of Sri Lanka to abide by its commitments to allow access for representatives of the responsible international organizations throughout the screening and registration process for internally displaced persons; andCommentsClose CommentsPermalink
(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, including 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.CommentsClose CommentsPermalink
SEC. 1117. AUDIT REQUIREMENTS FOR 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 RECONSTRUCTION.
(a) Audit Requirements- 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 Reconstruction should address, as appropriate, in their auditing and assessment protocols for Afghanistan, the impact United States development assistance has on the social, economic, and political empowerment of Afghan women, including the extent to which such assistance helps to carry out the following:CommentsClose CommentsPermalink
(1) Section 103(a)(7) of the Afghan Freedom Support Act (
(2) The goal expressed in section 102(4) of the Afghan Freedom Support Act (
(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 Reconstruction shall submit to Congress a report on the implementation of this section.CommentsClose CommentsPermalink
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 cooperation with the aim of promoting the development and deployment of clean and efficient energy technologies in order to reduce global greenhouse gas emissions, address issues of energy poverty in developing countries, and extend the reach of United States technologies and ingenuity that would be beneficial to developing countries. The program authorized under this subsection shall be carried out pursuant to the authorities of the Mutual Educational and Cultural Exchange Act of 1961 (
(b) Definitions- In this section:CommentsClose CommentsPermalink
(1) CLEAN AND EFFICIENT ENERGY TECHNOLOGY- The term ‘clean and efficient energy technology’ means an energy supply or end-use technology--CommentsClose CommentsPermalink
(A) such as--CommentsClose CommentsPermalink
(i) solar technology;CommentsClose CommentsPermalink
(ii) wind technology;CommentsClose CommentsPermalink
(iii) geothermal technology;CommentsClose CommentsPermalink
(iv) hydroelectric technologyCommentsClose CommentsPermalink
(v) alternative fuels; andCommentsClose CommentsPermalink
(vi) carbon capture technology; andCommentsClose CommentsPermalink
(B) that, over its life cycle and compared to a similar technology already in commercial use--CommentsClose CommentsPermalink
(i) is reliable, affordable, economically viable, socially acceptable, and compatible with the needs and norms of the country involved;CommentsClose CommentsPermalink
(ii) results in--CommentsClose CommentsPermalink
(I) reduced emissions of greenhouse gases; orCommentsClose CommentsPermalink
(II) increased geological sequestration; andCommentsClose CommentsPermalink
(iii) may--CommentsClose CommentsPermalink
(I) substantially lower emissions of air pollutants; orCommentsClose CommentsPermalink
(II) generate substantially smaller or less hazardous quantities of solid or liquid waste.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) GREENHOUSE GAS- The term ‘greenhouse gas’ means--CommentsClose CommentsPermalink
(A) carbon dioxide;CommentsClose CommentsPermalink
(B) methane;CommentsClose CommentsPermalink
(C) nitrous oxide;CommentsClose CommentsPermalink
(D) hydrofluorocarbons;CommentsClose CommentsPermalink
(E) perfluorocarbons;CommentsClose CommentsPermalink
(F) sulfur hexafluoride; orCommentsClose CommentsPermalink
(G) nitrogen trifluoride.CommentsClose CommentsPermalink
(c) Elements- The program authorized under subsection (a) shall contain the following elements:CommentsClose CommentsPermalink
(1) The financing of studies, research, instruction, and other educational activities dedicated to developing clean and efficient energy technologies--CommentsClose CommentsPermalink
(A) by or to United States citizens and nationals in foreign universities, governments, organizations, companies, or other institutions; andCommentsClose CommentsPermalink
(B) by or to citizens and nationals of foreign countries in United States universities, governments, organizations, companies, or other institutions.CommentsClose CommentsPermalink
(2) The financing of visits and exchanges between the United States and other countries of students, trainees, teachers, instructors, professors, researchers, entrepreneurs, and other persons who study, teach, and conduct research in subjects such as the physical sciences, environmental science, public policy, economics, urban planning, and other subjects and focus on developing and commercially deploying clean and efficient energy technologies.CommentsClose CommentsPermalink
(d) Access- The Secretary of State shall ensure that the program authorized under subsection (a) is available to--CommentsClose CommentsPermalink
(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 (
(2) small business concerns owned and controlled by socially and economically disadvantaged individuals, small business concerns owned and controlled 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 (
SEC. 1119. ALIEN REPATRIATION.
Section 243(d) of the Immigration and Nationality Act (
‘(d) Ensuring Return of Removed Aliens-CommentsClose CommentsPermalink
‘(1) DISCONTINUING GRANTING VISAS TO NATIONALS OF COUNTRIES DENYING OR DELAYING ACCEPTING ALIEN- On being notified by the Secretary of Homeland Security 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 Secretary of Homeland Security asks whether the government will accept the alien under this section, the Secretary of 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 Secretary of State that the country has accepted the alien.CommentsClose CommentsPermalink
‘(2) DENYING ADMISSION TO FOREIGN GOVERNMENT OFFICIALS OF COUNTRIES DENYING ALIEN RETURN- If the Secretary of Homeland Security 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 removed, the Secretary of Homeland Security, in consultation with the Secretary of State, may deny admission to any citizen, subject, national, or resident of that country who is seeking or has received a nonimmigrant visa pursuant to subparagraphs (A) and (G) of section 101(a)(15).CommentsClose CommentsPermalink
‘(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 of Homeland Security shall submit to the Congress a report that--CommentsClose CommentsPermalink
‘(A) lists all the countries which refuse or unreasonably delay repatriation; andCommentsClose CommentsPermalink
‘(B) includes the total number of aliens who were refused repatriation, disaggregated by--CommentsClose CommentsPermalink
‘(i) country;CommentsClose CommentsPermalink
‘(ii) detention status; andCommentsClose CommentsPermalink
‘(iii) criminal status.’.CommentsClose CommentsPermalink
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 congressional 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).CommentsClose CommentsPermalink
(b) Elements- The comprehensive interagency strategy and implementation plan required under subsection (b) shall contain at least the following elements:CommentsClose CommentsPermalink
(1) Consistent with section 1127, a description of a comprehensive policy toward Sudan which balances United States interests in--CommentsClose CommentsPermalink
(A) resolving the conflict in Darfur;CommentsClose CommentsPermalink
(B) implementing the Comprehensive Peace Agreement (CPA) and promoting peace and stability in Southern Sudan;CommentsClose CommentsPermalink
(C) resolving long-standing conflicts in Abyei, Blue Nile, and Southern Kordofan;CommentsClose CommentsPermalink
(D) advancing respect for democracy, human rights, and religious freedom throughout the country;CommentsClose CommentsPermalink
(E) addressing internal and regional security; andCommentsClose CommentsPermalink
(F) combating Islamist extremism.CommentsClose CommentsPermalink
(2) Progress toward achieving the policy objectives specified in paragraph (1), including--CommentsClose CommentsPermalink
(A) facilitating the full deployment and freedom of movement of the hybrid United Nations-African Union Mission in Darfur;CommentsClose CommentsPermalink
(B) ensuring access and security for humanitarian organizations throughout the country including, as appropriate, those organizations that wrongfully have been expelled by the Sudanese regime;CommentsClose CommentsPermalink
(C) promoting reconciliation within and among disparate groups;CommentsClose CommentsPermalink
(D) advancing regional security and cooperation while eliminating cross-border support for armed insurgents;CommentsClose CommentsPermalink
(E) meeting the CPA benchmarks, including preparations for the conduct of national elections and referendum; andCommentsClose CommentsPermalink
(F) shutting down safe-havens for extremists who pose a threat to the national security of the United States and its allies.CommentsClose CommentsPermalink
(3) A description of how United States assistance 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.CommentsClose CommentsPermalink
(4) An evaluation and description of additional measures that will be taken to advance United States policy, which may range from--CommentsClose CommentsPermalink
(A) application of multilateral sanctions by the United Nations or regional allies, or expansion of existing United States sanctions;CommentsClose CommentsPermalink
(B) imposition of a no-fly zone or other coercive measures; orCommentsClose CommentsPermalink
(C) rapprochement with the Sudanese regime or other diplomatic measures.CommentsClose CommentsPermalink
(5) A complete description of both the evaluation process for reviewing and adjusting the strategy and implementation as necessary, and measures of effectiveness for the implementation of the strategy.CommentsClose CommentsPermalink
(c) Updates of Strategy- The President shall transmit in writing to the appropriate congressional committees any updates of the comprehensive interagency strategy and implementation plan required under subsection (b), as necessary.CommentsClose CommentsPermalink
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 protection of intellectual property rights related to energy or environmental 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 refueling infrastructure, advanced vehicle, electric grid, or energy efficiency-related technologies.CommentsClose CommentsPermalink
Subtitle B--Sense of Congress ProvisionsCommentsClose CommentsPermalink
Subtitle B--Sense of Congress ProvisionsCommentsClose CommentsPermalink
SEC. 1121. PROMOTING DEMOCRACY AND HUMAN RIGHTS IN BELARUS.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) Despite some modest improvements, notably the release of political prisoners, the Belarusian Government’s human rights and democracy record remains poor as governmental authorities continue to commit frequent serious abuses.CommentsClose CommentsPermalink
(2) Since 1996, President Alexander Lukashenka has consolidated his power over all institutions and undermined the rule of law through authoritarian means.CommentsClose CommentsPermalink
(3) Belarus restricts civil liberties, including freedoms of press, speech, assembly, association, and religion. Nongovernmental organizations and political parties are subject to harassment, fines, prosecution, and closure. The Belarusian Government maintains a virtual monopoly over the country’s information space.CommentsClose CommentsPermalink
(b) Policy- It is the policy of the United States to--CommentsClose CommentsPermalink
(1) support the aspirations of the people of Belarus for democracy, human rights, and the rule of law;CommentsClose CommentsPermalink
(2) support the aspirations of the people of Belarus to preserve the independence and sovereignty of their country;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(4) seek and support the growth of an open market economy in Belarus through the development of entrepreneurship and protection of property rights; andCommentsClose CommentsPermalink
(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 Government.CommentsClose CommentsPermalink
(c) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the United States should furnish assistance to Belarus to the support democratic processes in that country, including--CommentsClose CommentsPermalink
(A) expanding and facilitating the development of independent print, radio, television, and internet broadcasting to and within Belarus;CommentsClose CommentsPermalink
(B) aiding the development of civil society through assistance to nongovernmental organizations promoting democracy and supporting human rights, including youth groups, entrepreneurs, and independent trade unions;CommentsClose CommentsPermalink
(C) supporting the work of human rights defenders;CommentsClose CommentsPermalink
(D) enhancing the development of democratic political parties;CommentsClose CommentsPermalink
(E) assisting the promotion of free, fair, and transparent electoral processes;CommentsClose CommentsPermalink
(F) enhancing international exchanges, including 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; andCommentsClose CommentsPermalink
(G) supporting educational initiatives such as the European Humanities University, a Belarusian university in exile based in Vilnius, Lithuania; andCommentsClose CommentsPermalink
(2) the United States should support radio, television, 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.CommentsClose CommentsPermalink
SEC. 1122. SENSE OF CONGRESS RELATING TO SOVIET NUCLEAR TESTS AND KAZAKHSTAN’S COMMITMENT TO NONPROLIFERATION.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) In 1991, immediately after achieving independence, 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(3) More than 1,500,000 people in Kazakhstan suffered because of decades of Soviet nuclear weapons testing in the region.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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 Cooperative Threat Reduction program the government of Kazakhstan, in cooperation with the United States Government, conducted a very successful secret operation, code-named Project Sapphire, as a result of which 581 kilograms (1,278 pounds) of highly enriched uranium enough to produce 20-25 nuclear warheads were removed from Kazakhstan.CommentsClose CommentsPermalink
(6) Because of the successful cooperation between the Governments of the United States and Kazakhstan, the last lethal weapon was removed from Kazakhstan in April 1995.CommentsClose CommentsPermalink
(7) Kazakhstan, allegiant to its commitment to nonproliferation, in December 2004 signed with the United States an amendment to the bilateral agreement on the nonproliferation of weapons of mass destruction which will move the two nations towards a new level of cooperation in preventing the threat of bio-terrorism.CommentsClose CommentsPermalink
(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 preventing lethal weapons from being acquired by terrorist organizations such as Al-Qaeda.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(10) The Norwegian Defence Research Establishment is also working with Kazakhstan to strengthen nuclear security and nonproliferation.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the people of Kazakhstan and its Government should be congratulated for their commitment to nonproliferation and their leadership in offering to host an international nuclear fuel bank; andCommentsClose CommentsPermalink
(2) the Secretary of State should work to establish a joint working group with the Governments of Kazakhstan and Norway to explore common challenges and opportunities on disarmament and non-proliferation, and to assist in assessing the environmental damage and health effects caused by Soviet nuclear testing in Semipalatinsk.CommentsClose CommentsPermalink
SEC. 1123. SENSE OF CONGRESS ON HOLOCAUST-ERA PROPERTY RESTITUTION AND COMPENSATION.
It is the sense of Congress that--CommentsClose CommentsPermalink
(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 justice and in an expeditious manner that is transparent and fair;CommentsClose CommentsPermalink
(2) countries in Central and Eastern Europe must enact and implement appropriate restitution and compensation legislation to facilitate private, communal, and religious property restitution; andCommentsClose CommentsPermalink
(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 benefit to those individuals who suffered from the unjust confiscation of their property.CommentsClose CommentsPermalink
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, pending his release, the International Committee of the Red Cross should be granted full access to him, in accordance with international law and civilized values.CommentsClose CommentsPermalink
SEC. 1125. SENSE OF CONGRESS RELATING TO SUDAN.
It is the sense of Congress that--CommentsClose CommentsPermalink
(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 humanitarian disaster and caused the deaths of hundreds of thousands, and continues to cause violence in Darfur and throughout Sudan;CommentsClose CommentsPermalink
(2) to achieve that peace, all parties must agree to uphold the Comprehensive Peace Agreement (CPA);CommentsClose CommentsPermalink
(3) international partners should aim to widen acceptance of the Darfur Peace Agreement by all stakeholders;CommentsClose CommentsPermalink
(4) the United States should support efforts to prepare for the national elections and for the referendum;CommentsClose CommentsPermalink
(5) the United States should support efforts to develop a coordinated international strategy to support the rebuilding of Sudan, with a particular focus on key CPA benchmarks including policy toward the Three Areas, transitional justice, which would include prosecuting perpetrators of war crimes, oil revenue sharing, the census, the return of displaced Darfuris and other peoples to their homeland, and management of the armed forces; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 1126. SENSE OF CONGRESS ON RESTRICTIONS ON RELIGIOUS FREEDOM IN VIETNAM.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(1) The Secretary of State, under the International Religious Freedom Act of 1998 (
(2) In November 2006, the Secretary of State announced that the Socialist Republic of Vietnam was no longer designated as a ‘Country of Particular Concern’.CommentsClose CommentsPermalink
(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 religious communities.CommentsClose CommentsPermalink
(4) Over the last 3 years, 18 Hoa Hao Buddhists have been arrested for distributing sacred texts or publically protesting the religious restrictions 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(6) According to Human Rights Watch, ‘In April 2008 Montagnard Christian Y Ben Hdok was 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.’.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(9) Since August 2008, the Government of Vietnam has arrested and sentenced at least eight individuals and beaten, tear-gassed, harassed, publicly 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.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the Secretary of State should place Vietnam on the list of ‘Countries of Particular Concern’ for particularly severe violations of religious freedom; andCommentsClose CommentsPermalink
(2) the Government of Vietnam should lift restrictions on religious freedom and implement necessary legal and political reforms to protect religious freedom.CommentsClose CommentsPermalink
SEC. 1127. SENSE OF CONGRESS RELATING TO THE MURDER OF UNITED STATES AIR FORCE RESERVE MAJOR KARL D. HOERIG AND THE NEED FOR PROMPT JUSTICE IN STATE OF OHIO V. CLAUDIA C. HOERIG.
(a) Findings- Congress finds the following:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) The State of Ohio has charged Claudia C. Hoerig with aggravated murder in the case of State of Ohio v. Claudia C. Hoerig.CommentsClose CommentsPermalink
(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 weapon, and then shot Karl D. Hoerig three times, which led to his death on March 12, 2007.CommentsClose CommentsPermalink
(4) Claudia C. Hoerig fled to Brazil, and claims she is both a citizen of the United States and Brazil.CommentsClose CommentsPermalink
(5) Brazil’s constitution forbids extradition of its nationals, but the United States and Brazil recognize and uphold a Treaty of Extradition signed in 1964.CommentsClose CommentsPermalink
(6) Law enforcement officials are vigorously pursuing State of Ohio v. Claudia C. Hoerig, the charge of aggravated murder is internationally recognized, and the punishment, which is not capital punishment, is internationally respected.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the alleged aggravated murder of United States Air Force Reserve Major Karl D. Hoerig is deserving of justice, and his family and friends deserve closure regarding the murder of their loved one;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(3) a resolution of the case of State of Ohio v. Claudia Hoerig is important to maintain the traditionally close cooperation and friendship between the United States and Brazil.CommentsClose CommentsPermalink
SEC. 1128. SENSE OF CONGRESS REGARDING PENSION PAYMENTS 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 Soviet Union to come to an agreement whereby each state of the former Soviet Union would pay the tens of thousands of beneficiaries who have immigrated to the United States the pensions for which they are eligible and entitled.CommentsClose CommentsPermalink
SEC. 1129. SENSE OF CONGRESS RELATING TO ISRAEL’S RIGHT TO SELF-DEFENSE.
It is the sense of Congress that Israel has the inalienable right to defend itself in the face of an imminent nuclear or military threat from Iran, terrorist organizations, and the countries that harbor them.CommentsClose CommentsPermalink
SEC. 1130. INTERNATIONAL PREVENTION AND ELIMINATION OF CHILD SOLDIERS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the use of child soldiers is unacceptable;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(3) the use of child soldiers promotes killing and maiming, sexual violence, abductions, destabilization, and displacement;CommentsClose CommentsPermalink
(4) investing in the health, education, well being, and safety of children, and providing economic opportunity and vocational training for at-risk youth, is critical to achieving the goals of the United Nations Convention of the Rights of Children; andCommentsClose CommentsPermalink
(5) countries should raise to 18 years of age the minimum age for the voluntary recruitment of persons into their national armed forces.CommentsClose CommentsPermalink
DIVISION B--PEACE ACT OF 2009CommentsClose CommentsPermalink
DIVISION B--PEACE ACT OF 2009CommentsClose CommentsPermalink
SEC. 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title- This division may be cited as the ‘Pakistan Enduring Assistance and Cooperation Enhancement Act of 2009’ or the ‘PEACE Act of 2009’.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents of this division is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink
Sec. 2. Definitions.CommentsClose CommentsPermalink
Sec. 3. Findings.CommentsClose CommentsPermalink
Sec. 4. Declaration of principles.CommentsClose CommentsPermalink
TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR PAKISTAN
Sec. 101. Purposes of assistance.CommentsClose CommentsPermalink
Sec. 102. Authorization of assistance.CommentsClose CommentsPermalink
Sec. 103. Multilateral support for Pakistan.CommentsClose CommentsPermalink
Sec. 104. Pakistan Democracy and Prosperity Fund.CommentsClose CommentsPermalink
Sec. 105. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE II--SECURITY ASSISTANCE FOR PAKISTAN
Sec. 201. Sense of Congress.CommentsClose CommentsPermalink
Sec. 202. Purposes of assistance.CommentsClose CommentsPermalink
Sec. 203. Authorization of assistance.CommentsClose CommentsPermalink
Sec. 204. Pakistan Counterinsurgency Capability Fund.CommentsClose CommentsPermalink
Sec. 205. Exchange program between military and civilian personnel of Pakistan and certain other countries.CommentsClose CommentsPermalink
Sec. 206. Limitation on United States military assistance to Pakistan.CommentsClose CommentsPermalink
Sec. 207. Authorization of appropriations.CommentsClose CommentsPermalink
TITLE III--MISCELLANEOUS PROVISIONS
Sec. 301. Comprehensive regional security strategy.CommentsClose CommentsPermalink
Sec. 302. Monitoring and evaluation of assistance.CommentsClose CommentsPermalink
Sec. 303. Auditing.CommentsClose CommentsPermalink
Sec. 304. Requirements for civilian control of United States assistance for Pakistan.CommentsClose CommentsPermalink
Sec. 305. Sense of Congress.CommentsClose CommentsPermalink
Sec. 306. Reports.CommentsClose CommentsPermalink
Sec. 307. Sunset.CommentsClose CommentsPermalink
TITLE IV--DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTAN
Sec. 401. Short title.CommentsClose CommentsPermalink
Sec. 402. Definitions; Purposes.CommentsClose CommentsPermalink
Sec. 403. Designation of Reconstruction Opportunity Zones.CommentsClose CommentsPermalink
Sec. 404. Duty-free treatment for certain nontextile and nonapparel articles.CommentsClose CommentsPermalink
Sec. 405. Duty-free treatment for certain textile and apparel articles.CommentsClose CommentsPermalink
Sec. 406. Protections against unlawful transshipment.CommentsClose CommentsPermalink
Sec. 407. Technical assistance, capacity building, compliance assessment, and remediation program.CommentsClose CommentsPermalink
Sec. 408. Petition process.CommentsClose CommentsPermalink
Sec. 409. Limitations on providing duty-free treatment.CommentsClose CommentsPermalink
Sec. 410. Termination of benefits.CommentsClose CommentsPermalink
Sec. 411. Customs user fees.CommentsClose CommentsPermalink
SEC. 2. DEFINITIONS.
In this division:CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- Except as otherwise provided in this division, the term ‘appropriate congressional committees’ means the Committees on Appropriations and Foreign Affairs of the House of Representatives and the Committees on Appropriations and Foreign Relations of the Senate.CommentsClose CommentsPermalink
(2) COUNTERINSURGENCY- The term ‘counterinsurgency’ means efforts to defeat organized movements that seek to overthrow the duly constituted Governments of Pakistan and Afghanistan through the use of subversion and armed conflict.CommentsClose CommentsPermalink
(3) COUNTERTERRORISM- The term ‘counterterrorism’ means efforts to combat--CommentsClose CommentsPermalink
(A) al Qaeda; andCommentsClose CommentsPermalink
(B) other terrorist organizations, as such term is defined in section 212(a)(3)(B)(vi) of the Immigration and Nationality Act (
(4) FATA- The term ‘FATA’ means the Federally Administered Tribal Areas of Pakistan.CommentsClose CommentsPermalink
(5) FCR- The term ‘FCR’ means the Frontier Crimes Regulation, codified under British law in 1901, and applicable to the FATA.CommentsClose CommentsPermalink
(6) NWFP- The term ‘NWFP’ means the North West Frontier Province of Pakistan, which has Peshawar as its provincial capital.CommentsClose CommentsPermalink
SEC. 3. FINDINGS.
Congress finds the following:CommentsClose CommentsPermalink
(1) The Islamic Republic of Pakistan has been a critical ally of the United States for more than 4 decades.CommentsClose CommentsPermalink
(2) With the free and fair election of February 18, 2008, Pakistan returned to civilian rule after almost 9 years under a military dictatorship.CommentsClose CommentsPermalink
(3) After the September 11, 2001, terrorist attacks against the United States, Pakistan chose to partner with the United States in the fight against al Qaeda, the Taliban, and other extremist and terrorist groups.CommentsClose CommentsPermalink
(4) Since 2001, the United States has contributed more than $12,000,000,000 to Pakistan to strengthen Pakistan’s governance, economy, education 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.CommentsClose CommentsPermalink
(5) The United States requires a balanced, integrated, countrywide strategy that provides assistance throughout Pakistan and does not disproportionately focus on military assistance or one particular area or province.CommentsClose CommentsPermalink
(6) Despite killing or capturing hundreds of al Qaeda operatives and other terrorists--including major al Qaeda leaders, such as Khalid Sheikh Muhammad, Ramzi bin al-Shibh, and Abu Faraj al-Libi--Pakistan’s FATA, parts of the NWFP, Quetta in Balochistan, and Muridke in Punjab remain a sanctuary for al Qaeda, the Afghan Taliban, and affiliated groups from which these groups organize terrorist actions against Pakistan and other countries.CommentsClose CommentsPermalink
(7) Pakistan’s security forces have recently begun taking concerted action against those who threaten Pakistan’s security and stability, with military operations in the Bajour agency in the FATA and in the Swat, Buner, and Dir districts in the NWFP.CommentsClose CommentsPermalink
(8) The displacement of over 1,000,000 Pakistanis poses a grave humanitarian crisis and requires the immediate attention of the United Nations, and the strong support of donor nations, to provide food, water, shelter, medicine, sanitation and other emergency services and supplies to the displaced, along with longer-term development assistance. The humanitarian crisis highlights the need for Pakistan to develop an effective national counterinsurgency strategy, in order to mitigate such displacement.CommentsClose CommentsPermalink
SEC. 4. DECLARATION OF PRINCIPLES.
Congress declares that the relationship between the United States and Pakistan should be based on the following principles:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(2) United States assistance to Pakistan is intended to supplement, not supplant, Pakistan’s own efforts in building a stable, secure, and prosperous Pakistan, and United States assistance will be wholly ineffective without Pakistan’s own serious efforts to improve the health, education, and living standards of its population, including maintaining or increasing the financial resources devoted to such efforts.CommentsClose CommentsPermalink
(3) The United States supports Pakistan’s struggle against extremist elements and recognizes the profound sacrifice made by Pakistan in the fight 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.CommentsClose CommentsPermalink
(4) The United States intends to work with the Government of Pakistan--CommentsClose CommentsPermalink
(A) to build mutual trust and confidence by actively and consistently pursuing a sustained, long-term, multifaceted relationship between the two countries, devoted to strengthening the mutual security, stability, and prosperity of both countries;CommentsClose CommentsPermalink
(B) to support the people of Pakistan and their democratic government in their efforts to consolidate democracy, through strengthening Pakistan’s parliament, helping Pakistan reestablish an independent and transparent judicial system, and working to extend the rule of law in all areas in Pakistan;CommentsClose CommentsPermalink
(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 supported by each successive democratic government in Pakistan;CommentsClose CommentsPermalink
(D) to encourage sustainable economic development in Pakistan and the integration of Pakistan into the global economy in order to improve the living conditions of the people of Pakistan;CommentsClose CommentsPermalink
(E) to ensure that the people of Pakistan, including those living in areas governed by the FCR, have access to public, modernized education and vocational training to enable them to provide for themselves, for their families, and for a more prosperous future for their children;CommentsClose CommentsPermalink
(F) to expand people-to-people engagement between the two countries, through increased educational, technical, and cultural exchanges and other methods;CommentsClose CommentsPermalink
(G) to ensure transparency of and provide effective accountability for all United States assistance and reimbursements provided to Pakistan;CommentsClose CommentsPermalink
(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 adhering to the United Nations International Convention for the Suppression of the Financing of Terrorism;CommentsClose CommentsPermalink
(I) to establish a counterinsurgency and counterterrorism strategy to prevent any territory of Pakistan from being used as a base or conduit for terrorist attacks in Pakistan, or elsewhere, and ensure that madrasas in Pakistan are not used to incite terrorism;CommentsClose CommentsPermalink
(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 training to effectively defend Pakistan against internal and external threats;CommentsClose CommentsPermalink
(K) to ensure access of United States investigators 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;CommentsClose CommentsPermalink
(L) to help Pakistan meet its commitment to not support any person or group that conducts violence, sabotage, or other activities meant to instill fear or terror in Pakistan’s neighboring countries; andCommentsClose CommentsPermalink
(M) to help Pakistan gain control of its under-governed areas and stop any support, direction, guidance to, or acquiescence in the activities of, any person or group that engages in acts of violence or intimidation against civilians, civilian groups, or governmental entities.CommentsClose CommentsPermalink
TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR PAKISTANCommentsClose CommentsPermalink
TITLE I--DEMOCRATIC, ECONOMIC, AND SOCIAL DEVELOPMENT ASSISTANCE FOR PAKISTANCommentsClose CommentsPermalink
SEC. 101. PURPOSES OF ASSISTANCE.
The purposes of assistance under this title are--CommentsClose CommentsPermalink
(1) to demonstrate unequivocally the long-term commitment of the United States to the people of Pakistan and Pakistan’s democratic institutions;CommentsClose CommentsPermalink
(2) to support the consolidation of democracy, good governance, and the rule of law in Pakistan;CommentsClose CommentsPermalink
(3) to help build the capacity of law enforcement forces in Pakistan to combat terrorism and violent militancy and expeditiously investigate, arrest, and prosecute alleged criminals, consistent with the rule of law and due process;CommentsClose CommentsPermalink
(4) to further the sustainable and effective economic and social development of Pakistan and the improvement of the living conditions of the people of Pakistan, especially in areas of direct interest and importance to their daily lives;CommentsClose CommentsPermalink
(5) to strengthen regional ties between Pakistan and its neighbors by offering concrete nonmilitary assistance for issues of mutual economic and social concern;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(7) to expand people-to-people engagement between the United States and Pakistan, through increased educational, technical, and cultural exchanges and other methods;CommentsClose CommentsPermalink
(8) to strengthen respect for internationally recognized human rights in efforts to stabilize the security environment in Pakistan; andCommentsClose CommentsPermalink
(9) to promote the rights and empowerment of women and girls in Pakistan, including efforts to increase access to basic healthcare services to address Pakistan’s high maternal mortality rate and to increase girls’ and women’s access to education.CommentsClose CommentsPermalink
SEC. 102. AUTHORIZATION OF ASSISTANCE.
(a) In General- To carry out the purposes of section 101, the President is authorized to provide assistance for Pakistan to support the activities described in subsection (b).CommentsClose CommentsPermalink
(b) Activities Supported- Activities that may be supported by assistance under subsection (a) include the following:CommentsClose CommentsPermalink
(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, including assistance such as--CommentsClose CommentsPermalink
(A) support for efforts to strengthen the National Parliament of Pakistan, including--CommentsClose CommentsPermalink
(i) assistance to parliamentary committees 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;CommentsClose CommentsPermalink
(ii) support for the establishment of constituency offices and otherwise promote the responsibility of members of parliament to respond to constituents; andCommentsClose CommentsPermalink
(iii) strengthening of the role of parliamentary leadership;CommentsClose CommentsPermalink
(B) support for voter education and civil society training, including training with grassroots organizations to enhance the capacity of the organizations to advocate for the development of public policy;CommentsClose CommentsPermalink
(C) support for political parties, including increasing their capacity and protecting their right to carry out political activities without restriction (other than reasonable administrative requirements commonly applied in democratic countries) and fostering the responsiveness of such parties to the needs of the people of Pakistan;CommentsClose CommentsPermalink
(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 government transparency and criminalize corruption 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; andCommentsClose CommentsPermalink
(E) in particular, support for efforts by the Government of Pakistan to promote governance reforms in the FATA, including--CommentsClose CommentsPermalink
(i) extension of the Political Parties Act;CommentsClose CommentsPermalink
(ii) local experimentation with methods to transition from the FCR; andCommentsClose CommentsPermalink
(iii) long-term development of durable and responsive political institutions.CommentsClose CommentsPermalink
(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 government institutions, at the national, provincial, and local levels, including assistance such as--CommentsClose CommentsPermalink
(A) support for the rule of law and systemic improvement of judicial and criminal justice institutions, including--CommentsClose CommentsPermalink
(i) management of courts;CommentsClose CommentsPermalink
(ii) enhanced career opportunities and professional training for judges, public defenders, and prosecutors; andCommentsClose CommentsPermalink
(iii) efforts to enhance the rule of law to all areas in Pakistan where the writ of the government is under heightened challenge by terrorists and militants, including through innovations in the delivery of judicial services that enhance the legitimacy of state institutions;CommentsClose CommentsPermalink
(B) support for professionalization of the police, including--CommentsClose CommentsPermalink
(i) training regarding use of force;CommentsClose CommentsPermalink
(ii) education and training regarding human rights;CommentsClose CommentsPermalink
(iii) training regarding evidence preservation and chain of custody; andCommentsClose CommentsPermalink
(iv) training regarding community policing;CommentsClose CommentsPermalink
(C) support for independent law enforcement agencies, such as the Intelligence Bureau of the Ministry of Interior, responsive to civilian control, including--CommentsClose CommentsPermalink
(i) enhanced coordination with judicial processes;CommentsClose CommentsPermalink
(ii) enhancement of forensics capabilities;CommentsClose CommentsPermalink
(iii) data collection and analyses;CommentsClose CommentsPermalink
(iv) case tracking and management;CommentsClose CommentsPermalink
(v) financial intelligence functions; andCommentsClose CommentsPermalink
(vi) maintenance of data systems to track terrorist of criminal activity; andCommentsClose CommentsPermalink
(D) strengthening the capacity of the police and other civilian law enforcement agencies to provide a robust response to threats from extremists and terrorists along the frontier and elsewhere in Pakistan, including--CommentsClose CommentsPermalink
(i) the development of an elite rapid reaction force which could be deployed on short notice to secure areas that are threatened by militancy; andCommentsClose CommentsPermalink
(ii) facilitating improved counterterrorism and counterinsurgency coordination between local government officials, the police, paramilitary, and military leaders.CommentsClose CommentsPermalink
(3) SUPPORT FOR BROAD-BASED AND SUSTAINABLE ECONOMIC DEVELOPMENT- To support economic development in Pakistan by--CommentsClose CommentsPermalink
(A) promoting energy sector reform and development;CommentsClose CommentsPermalink
(B) expanding assistance for agricultural and rural development, including farm-to-market roads, systems to prevent spoilage and waste, and other small-scale infrastructure improvements that will enhance supply and distribution networks;CommentsClose CommentsPermalink
(C) increasing employment opportunities, including support to small and medium enterprises, microfinance and microenterprise activities, and in particular programs to improve the lives of women and girls;CommentsClose CommentsPermalink
(D) preventing youth from turning to extremism and militancy, and promoting the renunciation of such tactics and extremist ideologies, by providing economic, social, educational, and vocational opportunities and life-skills training to at-risk youth; andCommentsClose CommentsPermalink
(E) increasing investment in infrastructure, including construction of roads, water resource management systems, irrigation channels, and continued development of a national aviation industry and aviation infrastructure.CommentsClose CommentsPermalink
(4) SUPPORT TO INCREASE LOCAL CAPACITY- To increase the capacity and improve the sustainability of Pakistan’s national, provincial, and local governmental and nongovernmental institutions, including assistance to--CommentsClose CommentsPermalink
(A) increase and improve the capacity of Pakistan’s national, provincial, and local governmental institutions by--CommentsClose CommentsPermalink
(i) providing technical assistance to all ministries to improve transparency and ability to respond to the needs of the people of Pakistan; andCommentsClose CommentsPermalink
(ii) promoting the implementation of fiscal and personnel management, including revenue tracking and expenditure systems; andCommentsClose CommentsPermalink
(B) enhance the capacity of Pakistan’s nongovernmental and civil society organizations to respond to the needs of the people of Pakistan by--CommentsClose CommentsPermalink
(i) increasing support for local nongovernmental organizations with demonstrated experience in delivering services to the people of Pakistan, particularly to women, children, and other vulnerable populations in Pakistan;CommentsClose CommentsPermalink
(ii) providing training and education to local nongovernmental and civil society organizations on ways to identify and improve the delivery of services to the people of Pakistan; andCommentsClose CommentsPermalink
(iii) promoting local ownership and participation, including encouraging communities 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 provisions.CommentsClose CommentsPermalink
(5) SUPPORT FOR PUBLIC EDUCATION SYSTEM- To support Pakistan’s public education system, including--CommentsClose CommentsPermalink
(A) implementation of a national education strategy, to include both primary and secondary education, focused on literacy and civic education, including--CommentsClose CommentsPermalink
(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 education and training;CommentsClose CommentsPermalink
(ii) enhancement of civic education programs focused on political participation, democratic institutions, and tolerance of diverse ethnic and religious groups; andCommentsClose CommentsPermalink
(iii) support for the proper oversight of all educational institutions, including madrasas, as required by Pakistani law, including registration with the Ministry of Education and regular monitoring of curriculum by the Ministry of Education to ensure students in Pakistan receive a comprehensive education;CommentsClose CommentsPermalink
(B) initiatives to enhance the access to education for women and girls, and to increase women’s literacy, with special emphasis on helping girls stay in school;CommentsClose CommentsPermalink
(C) funding to the Government of Pakistan to use to increase immediately teacher salaries and to recruit and train teachers and administrators, as well as develop formalized salary scales with merit-based pay increases;CommentsClose CommentsPermalink
(D) establishment of vocational and technical programs to enhance employment opportunities;CommentsClose CommentsPermalink
(E) encouragement of United States and Pakistani public-private partnerships to increase investment in higher education and technical training opportunities;CommentsClose CommentsPermalink
(F) construction and maintenance of libraries and public schools, including water sanitation, perimeter walls, and recreation areas;CommentsClose CommentsPermalink
(G) provision of textbooks and other learning materials and food assistance for student meals; andCommentsClose CommentsPermalink
(H) provision of software to educational institutions and students at the lowest possible cost, specifically targeting universities that specialize in information technology, and women’s colleges and women’s secondary schools.CommentsClose CommentsPermalink
(6) SUPPORT FOR HUMAN RIGHTS- To promote respect for and compliance with internationally recognized human rights, including assistance such as--CommentsClose CommentsPermalink
(A) programs to strengthen civil society organizations that promote internationally recognized human rights, including religious freedom, freedom of expression, and freedom of association, and that support human rights monitoring;CommentsClose CommentsPermalink
(B) promotion of education regarding internationally recognized human rights;CommentsClose CommentsPermalink
(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 punishments;CommentsClose CommentsPermalink
(D) promotion of freedom of religion and religious tolerance, protection of religious minorities, and promotion of freedom of expression and association, including support for responsible independent media;CommentsClose CommentsPermalink
(E) promotion of nongovernmental organizations 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 political process, and programs to end violence against women, including rape;CommentsClose CommentsPermalink
(F) technical, legal, and law enforcement assistance for the investigation of past disappearances of individuals in Pakistan and the development of a national database of such individuals; andCommentsClose CommentsPermalink
(G) programs in support and protection of the rights of ethnic minorities in Pakistan, including Baluchis, Sindhis, and Pashtuns, to preserve their language, culture, traditional areas of inhabitancy, and to fight any direct or indirect discrimination.CommentsClose CommentsPermalink
(7) SUPPORT FOR REFUGEES AND INTERNALLY DISPLACED PERSONS- It is the sense of Congress that--CommentsClose CommentsPermalink
(A) counterinsurgency operations being carried out by the Government of Pakistan should be designed to minimize civilian casualties and collateral damage to the people of Pakistan and to provide security for the delivery of humanitarian assistance to the affected civilian population;CommentsClose CommentsPermalink
(B) the United States should continue to provide robust assistance to the people of Pakistan who have been displaced as a result of ongoing conflict and violence;CommentsClose CommentsPermalink
(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 organizations for this purpose;CommentsClose CommentsPermalink
(D) the Administrator of the United States Agency for International Development should support the development objectives of the Refugee Affected and Host Areas (RAHA) Initiative in Pakistan to address livelihoods, heath, education, infrastructure development, and environmental restoration in identified parts of the country where Afghan refugees have lived; andCommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(8) SUPPORT FOR HEALTHCARE EFFORTS- To provide urgently needed healthcare assistance to the people of Pakistan, including assistance to supplement the Government of Pakistan’s efforts to eliminate diseases, including hepatitis, and to reduce the nation’s high maternal and under-five mortality rates, including--CommentsClose CommentsPermalink
(A) support for repairing and building healthcare infrastructure, including purchase of equipment and training of health professionals, to ensure adequate access to healthcare for Pakistan’s population, especially among its rural, poor, marginalized and disadvantaged segments; andCommentsClose CommentsPermalink
(B) promotion of efforts by the Government of Pakistan to reduce maternal mortality, including through the provision of maternal and newborn health services and development of community-based skilled birth attendants.CommentsClose CommentsPermalink
(9) SUPPORT FOR PUBLIC DIPLOMACY- To implement a more effective public diplomacy strategy in Pakistan in order to ensure that the Pakistani public recognizes that it is in Pakistan’s own interest 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:CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) Providing technical assistance to the Government of Pakistan to both disrupt and provide alternatives to the illegal FM radio stations used by insurgent groups in the FATA and adjacent districts of the NWFP.CommentsClose CommentsPermalink
(C) Expanded exchange activities under the Fulbright Program, the International Visitor Leadership Program, the Youth Exchange and Study Program, and related programs administered by the Department of State designed to promote mutual understanding and interfaith dialogue.CommentsClose CommentsPermalink
(D) Expansion of sister institution programs between United States and Pakistani schools and universities, towns and cities, and other organizations in such fields as medicine and healthcare, business management, environmental protection, information technology, and agriculture.CommentsClose CommentsPermalink
(E) Additional scholarships to enable students to study in the United States.CommentsClose CommentsPermalink
SEC. 103. MULTILATERAL SUPPORT FOR PAKISTAN.
To the extent that Pakistan continues to evolve toward civilian control of the government and to develop and implement comprehensive economic reform programs, the President should do the following:CommentsClose CommentsPermalink
(1) MULTILATERAL SUPPORT- Take the lead in mobilizing international financial institutions, in particular the International Monetary Fund and affiliated institutions in the World Bank group, to provide timely and appropriate resources to help Pakistan.CommentsClose CommentsPermalink
(2) STABILIZATION ASSISTANCE- In conjunction with other governments and international financial institutions (including the International Monetary 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 relieve immediate and urgent balance of payments requirements in Pakistan.CommentsClose CommentsPermalink
(3) CURRENCY STABILIZATION LOANS- Provide leadership in supporting multilateral agreements 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 economic reforms.CommentsClose CommentsPermalink
SEC. 104. PAKISTAN DEMOCRACY AND PROSPERITY FUND.
(a) Establishment of Fund- There is established 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’), 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.CommentsClose CommentsPermalink
(b) Transfers to Fund- The Fund shall consist of the following:CommentsClose CommentsPermalink
(1) Amounts appropriated to carry out this title.CommentsClose CommentsPermalink
(2) Amounts appropriated on or after the date of the enactment of this Act for ‘Development Assistance’, ‘Global Health and Child Survival’, and the ‘Economic Support Fund’ for assistance for Pakistan under the Foreign Assistance Act of 1961 (
(3) To the extent or in the amounts provided in advance in appropriations Acts, amounts accepted by the President under subsection (c) that are transferred by the President to the Fund pursuant to subsection (d).CommentsClose CommentsPermalink
(c) Acceptance of Amounts From Outside Sources- The President may accept funds from non-United States Government sources, including foreign governments, nongovernmental organizations, private business entities, and private individuals, for purposes of carrying out this title.CommentsClose CommentsPermalink
(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 available for any purpose for which any of the amounts so transferred are available.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 105. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated to the President to carry out this title $1,500,000,000 for each of the fiscal years 2010 through 2013.CommentsClose CommentsPermalink
(b) Availability- Amounts authorized to be appropriated to carry out this title for a fiscal year are--CommentsClose CommentsPermalink
(1) authorized to remain available until September 30 of the succeeding fiscal year; andCommentsClose CommentsPermalink
(2) in addition to amounts otherwise available for such purposes.CommentsClose CommentsPermalink
(c) Sense of the Congress- It is the sense of Congress that United States assistance provided under this title should be made available on a proportional and equitable basis between the FATA and other regions of Pakistan.CommentsClose CommentsPermalink
TITLE II--SECURITY ASSISTANCE FOR PAKISTANCommentsClose CommentsPermalink
TITLE II--SECURITY ASSISTANCE FOR PAKISTANCommentsClose CommentsPermalink
SEC. 201. SENSE OF CONGRESS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) United States security assistance for Pakistan should be used to improve relationships between United States military and Pakistani military personnel, 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; andCommentsClose CommentsPermalink
(2) United States security assistance for Pakistan should be fully accountable, should be contingent on Pakistan ending support for terrorist groups, and should meet the national security needs of Pakistan.CommentsClose CommentsPermalink
SEC. 202. PURPOSES OF ASSISTANCE.
The purposes of assistance under this title are--CommentsClose CommentsPermalink
(1) to support Pakistan’s paramount national security need to fight and win the ongoing counterinsurgency within its borders;CommentsClose CommentsPermalink
(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 elsewhere;CommentsClose CommentsPermalink
(3) to work in close cooperation with the Government of Pakistan to coordinate action against extremist and terrorist targets; andCommentsClose CommentsPermalink
(4) to develop knowledge of and appreciation for democratic governance and a military that is controlled by and responsible to democratically elected civilian leadership.CommentsClose CommentsPermalink
SEC. 203. AUTHORIZATION OF ASSISTANCE.
(a) International Military Education and Training-CommentsClose CommentsPermalink
(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 Foreign Assistance Act of 1961 (
(2) USE OF FUNDS- Not less than 30 percent of the amount made available to carry out this subsection for a fiscal year may be used to pay for courses of study and training in counterinsurgency and civil-military relations.CommentsClose CommentsPermalink
(b) Foreign Military Financing Program-CommentsClose CommentsPermalink
(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 (
(2) USE OF FUNDS- Not less than 75 percent of the amount made available to carry out this subsection for a fiscal year may be used for the purchase of defense articles, defense services, and military education and training for activities relating to counterinsurgency and counterterrorism operations in Pakistan. Such articles, services, and military education and training may include the following:CommentsClose CommentsPermalink
(A) Aviation maintenance and logistics support for United States-origin and United States-supported rotary wing aircraft and upgrades to such aircraft to include modern night vision and targeting capabilities.CommentsClose CommentsPermalink
(B) Intelligence, surveillance, and reconnaissance (ISR) ground and air manned and unmanned platforms, including sustainment.CommentsClose CommentsPermalink
(C) Command and control capabilities.CommentsClose CommentsPermalink
(D) Force protection and counter improvised explosive device capabilities, including protection of vehicles.CommentsClose CommentsPermalink
(E) Protective equipment, such as body armor and helmets, night vision goggles, and other individual equipment, including load-bearing equipment, individual and unit level first aid equipment, ballistic eye protection, and cold weather equipment.CommentsClose CommentsPermalink
(F) Appropriate individual and unit level medical services and articles for the Pakistan Army, the Pakistan Frontier Corps, and other appropriate security forces.CommentsClose CommentsPermalink
(G) Assistance to enable the Pakistani military to distribute humanitarian assistance and establish a tactical civil-military operations capability, including a civil affairs directorate.CommentsClose CommentsPermalink
(3) RESTRICTION RELATING TO F-16 PROGRAM-CommentsClose CommentsPermalink
(A) CONGRESSIONAL FINDING- In accordance 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 remaining 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 included in such Letters of Offer and Acceptance.CommentsClose CommentsPermalink
(B) RESTRICTION- Subject to subparagraph (C), amounts authorized to be made available under this subsection for a fiscal year may not be used for the purchase of, or upgrade to, F-16 fighter aircraft or munitions for such aircraft.CommentsClose CommentsPermalink
(C) EXCEPTION- Amounts authorized to be made available under this subsection for a fiscal year are authorized to be used for military construction pursuant to the security plan contained in the Letters of Offer and Acceptance signed between the United States and Pakistan in 2006.CommentsClose CommentsPermalink
(D) WAIVER- The President may waive the restriction under subparagraph (B) with respect to amounts authorized to be made available under this subsection for a fiscal year, other than amounts authorized to be made available under paragraph (2) of this subsection, if the President certifies to the appropriate 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.CommentsClose CommentsPermalink
(4) SECURITY ASSISTANCE PLAN- Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a plan for the proposed use of amounts authorized to be made available 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 complements or otherwise is related to amounts described in section 204.CommentsClose CommentsPermalink
(5) ADDITIONAL AUTHORITY- Except as provided 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.CommentsClose CommentsPermalink
(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 (
(c) Sense of Congress- It is the sense of Congress that the United States should facilitate Pakistan’s establishment of a program to enable the Pakistani military to provide reconstruction assistance in areas damaged by combat operations.CommentsClose CommentsPermalink
SEC. 204. PAKISTAN COUNTERINSURGENCY CAPABILITY FUND.
(a) For Fiscal Year 2010-CommentsClose CommentsPermalink
(1) IN GENERAL- For fiscal year 2010, the Department of State’s Pakistan Counterinsurgency Capability Fund, hereinafter in this section referred to as the ‘Fund’, shall consist of the following:CommentsClose CommentsPermalink
(A) Amounts appropriated to carry out this subsection.CommentsClose CommentsPermalink
(B) Amounts otherwise available to the Secretary of State to carry out this subsection.CommentsClose CommentsPermalink
(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 Secretary of State, with the concurrence of the Secretary of Defense, to build and maintain the counterinsurgency capability of Pakistan under the same terms and conditions (except as otherwise provided in this subsection) that are applicable to amounts made available under the Fund for fiscal year 2009.CommentsClose CommentsPermalink
(3) TRANSFER AUTHORITY-CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(B) TREATMENT OF TRANSFERRED FUNDS- Subject to the requirements of paragraph (4), transfers from the Fund under the 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 Department of Defense’s Pakistan Counterinsurgency Fund.CommentsClose CommentsPermalink
(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 Department of State. The authority to provide assistance under this subsection is in addition to any other authority to provide assistance to foreign countries.CommentsClose CommentsPermalink
(D) NOTIFICATION- The Secretary of State shall, not less than 15 days prior to making transfers from the Fund under subparagraph (A), notify the appropriate congressional committees in writing of the details of any such transfer.CommentsClose CommentsPermalink
(4) RESTRICTION-CommentsClose CommentsPermalink
(A) IN GENERAL- Subject to subparagraph (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 aircraft, to purchase mid-life updates for such aircraft, or to make payments on the sales of F-16 fighter aircraft and associated equipment described in section 203(b)(3)(A).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(C) WAIVER- The President may waive the restriction under subparagraph (A) with respect to amounts described in subparagraph (A) if the President certifies to the appropriate 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.CommentsClose CommentsPermalink
(5) AUTHORIZATION OF APPROPRIATIONS- For fiscal year 2010, $300,000,000 is hereby authorized to be appropriated to carry out this subsection.CommentsClose CommentsPermalink
(b) Submission of Notifications- Any notification required by this section shall be submitted in classified form, but may include a unclassified annex if necessary.CommentsClose CommentsPermalink
(c) Appropriate Congressional Committees Defined- In this section, the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(1) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Affairs of the House of Representatives; andCommentsClose CommentsPermalink
(2) the Committee on Appropriations, the Committee on Armed Services, and the Committee on Foreign Relations of the Senate.CommentsClose CommentsPermalink
SEC. 205. EXCHANGE PROGRAM BETWEEN MILITARY AND CIVILIAN PERSONNEL OF PAKISTAN AND CERTAIN OTHER COUNTRIES.
(a) In General- The Secretary of State is authorized to establish an exchange program between--CommentsClose CommentsPermalink
(1) military and civilian personnel of Pakistan; andCommentsClose CommentsPermalink
(2)(A) military and civilian personnel of countries determined by the Secretary of State to be in transition to democracy; orCommentsClose CommentsPermalink
(B) military and civilian personnel of North Atlantic Treaty Organization member countries,CommentsClose CommentsPermalink
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’.CommentsClose CommentsPermalink
(b) Elements of Program- The program authorized under subsection (a) may include--CommentsClose CommentsPermalink
(1) conferences, seminars, and other events;CommentsClose CommentsPermalink
(2) distribution of publications; andCommentsClose CommentsPermalink
(3) reimbursement of expenses of foreign military personnel participating in the program, including transportation expenses, translation services expenses, and administrative expenses relating to the program.CommentsClose CommentsPermalink
(c) Role of Nongovernmental Organizations- 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 subsection (a).CommentsClose CommentsPermalink
SEC. 206. LIMITATION ON UNITED STATES MILITARY ASSISTANCE 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 thereafter may be obligated or expended if the President has not made the determinations described in subsection (b) for such fiscal year.CommentsClose CommentsPermalink
(b) Determinations Regarding Enhanced Cooperation Between the United States and Pakistan- The determinations referred to in subsection (a) are--CommentsClose CommentsPermalink
(1) a determination by the President at the beginning of each fiscal year that the Government of Pakistan is continuing to cooperate with the United States in efforts to dismantle supplier networks relating to the acquisition of nuclear weapons-related materials, including, as necessary, providing direct access to Pakistani nationals associated with such networks; andCommentsClose CommentsPermalink
(2) a determination by the President at the beginning of each fiscal year that the Government of Pakistan during the preceding fiscal year has demonstrated a sustained commitment to and making progress towards combating terrorist groups, including taking into account the progress the Government of Pakistan has made with regard to--CommentsClose CommentsPermalink
(A) ceasing support, including by any elements within the Pakistan military or its intelligence agency, to extremist and terrorist groups, particularly to any group that has conducted attacks against United States or coalition forces in Afghanistan, or against the territory or people of neighboring countries;CommentsClose CommentsPermalink
(B) closing terrorist camps in the FATA, dismantling terrorist bases of operations in other parts of the country, including Quetta and Muridke, and taking action when provided with intelligence about high-level terrorist targets;CommentsClose CommentsPermalink
(C) preventing cross-border attacks into neighboring countries; andCommentsClose CommentsPermalink
(D) strengthening counter-terrorism and anti-money laundering laws.CommentsClose CommentsPermalink
(c) Waiver- The President may waive the restriction under subsection (a) for any fiscal year if the President 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.CommentsClose CommentsPermalink
(d) Consultation and Written Justification- Not later than 5 days prior to making a determination 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 justification 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 justification shall be unclassified but may include a classified annex.CommentsClose CommentsPermalink
(e) GAO Analysis and Report- Not later than 120 days after the President makes the determinations described in subsection (b), the Comptroller General of the United States shall conduct an independent analysis of each of the determinations under subsection (b) and written justifications for such determinations under subsection (d) and shall submit to the appropriate congressional committees a report containing the results of the independent analysis.CommentsClose CommentsPermalink
(f) Definitions- For purposes of this section--CommentsClose CommentsPermalink
(1) the term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(B) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; andCommentsClose CommentsPermalink
(2) the term ‘military assistance’--CommentsClose CommentsPermalink
(A) means assistance authorized under section 23 of the Arms Export Control Act (
(B) does not include assistance authorized under any provision of law that is funded from accounts within budget function 050 (National Defense).CommentsClose CommentsPermalink
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
(a) In General- There are authorized to be appropriated 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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
TITLE III--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
TITLE III--MISCELLANEOUS PROVISIONSCommentsClose CommentsPermalink
SEC. 301. COMPREHENSIVE REGIONAL SECURITY STRATEGY.
(a) Sense of Congress- It is the sense of Congress that the achievement of United States national security goals to eliminate terrorist threats and close safe havens in Pakistan requires the development of a comprehensive 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 Afghanistan.CommentsClose CommentsPermalink
(b) Comprehensive Regional Security Strategy- The President shall develop a comprehensive regional security strategy to eliminate terrorist threats and close safe havens in Pakistan, including by working with the Government of Pakistan and other relevant governments 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.CommentsClose CommentsPermalink
(c) Report-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 180 days after the date of the enactment of this Act, the President shall transmit to the appropriate congressional committees a report on the comprehensive regional security strategy required under subsection (b).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 302. MONITORING AND EVALUATION OF ASSISTANCE.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) IMPACT EVALUATION RESEARCH- 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 can be attributed to program intervention instead of other environmental factors.CommentsClose CommentsPermalink
(2) OPERATIONS RESEARCH- The term ‘operations research’ means the application of social science research methods, statistical analysis, and other appropriate scientific methods to judge, compare, and improve policies and program outcomes, from the earliest stages of defining and designing programs through their development and implementation, with the objective of the rapid dissemination of conclusions and concrete impact on programming.CommentsClose CommentsPermalink
(3) PROGRAM MONITORING- The term ‘program monitoring’ means the collection, analysis, and use of routine program data to determine how well a program is carried out and how much the program costs.CommentsClose CommentsPermalink
(b) Sense of Congress- It is the sense of Congress that--CommentsClose CommentsPermalink
(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 impact evaluation research, operations research, and program monitoring to ensure effectiveness of assistance provided under title I of this division;CommentsClose CommentsPermalink
(2) long-term solutions to Pakistan’s security problems depend on increasing the effectiveness and responsiveness of civilian institutions in Pakistan, including the parliament and judicial system;CommentsClose CommentsPermalink
(3) a specific program of impact evaluation research, operations research, and program monitoring, 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; andCommentsClose CommentsPermalink
(4) the President, in developing performance measurement methods under the impact evaluation research, operations research, and program monitoring, should consult with the appropriate congressional committees as well as the Government of Pakistan.CommentsClose CommentsPermalink
(c) Impact Evaluation Research, Operations Research, and Program Monitoring of Assistance- The President shall establish and implement a program to assess the effectiveness of assistance provided under title I of this division through impact evaluation research on a selected set of programmatic interventions, operations research in areas to ensure efficiency and effectiveness of program implementation, and monitoring to ensure timely and transparent delivery of assistance.CommentsClose CommentsPermalink
(d) Requirements- The program required under subsection (c) shall include--CommentsClose CommentsPermalink
(1) a delineation of key impact evaluation research and operations research questions for main components of assistance provided under title I of this division;CommentsClose CommentsPermalink
(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 inception of the program;CommentsClose CommentsPermalink
(3) the use of appropriate methods, based on rigorous social science tools, to measure program impact and operational efficiency; andCommentsClose CommentsPermalink
(4) adherence to a high standard of evidence in developing recommendations for adjustments to the assistance to enhance the impact of the assistance.CommentsClose CommentsPermalink
(e) Assistance To Enhance the Capacity of Pakistan- In carrying out the program required under subsection (c), the President is authorized to provide assistance to enhance the capacity of the Government of Pakistan to monitor and evaluate programs carried out by the national, provincial, and local governments in Pakistan in order to maximize the long-term sustainable development impact of such programs.CommentsClose CommentsPermalink
(f) Consultation With Congress- Not later than 120 days after the date of the enactment of this Act, the President shall brief and consult with the appropriate congressional committees regarding the progress in establishing and implementing the program required under subsection (c).CommentsClose CommentsPermalink
(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.CommentsClose CommentsPermalink
SEC. 303. AUDITING.
(a) Assistance Authorized- The Inspector General of the Department of State and the Inspector General of the United States Agency for International Development shall audit, investigate, and oversee the obligation and expenditure of funds to carry out title I of this division.CommentsClose CommentsPermalink
(b) Requirement for In-Ccountry 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 authorized to establish field offices in Pakistan with sufficient staff from each of the Offices of the Inspector General in Pakistan respectively to carry out subsection (a).CommentsClose CommentsPermalink
(c) Authorization of Appropriations-CommentsClose CommentsPermalink
(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 Development to carry out this section.CommentsClose CommentsPermalink
(2) RELATION TO OTHER AVAILABLE FUNDS- Amounts made available under paragraph (1) are in addition to amounts otherwise available for such purposes.CommentsClose CommentsPermalink
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 providing the assistance or making the payments, may only be provided or made to, or received from, civilian authorities 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.CommentsClose CommentsPermalink
(b) Waiver- The President may waive--CommentsClose CommentsPermalink
(1) the requirements under subsection (a); orCommentsClose CommentsPermalink
(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 provision of law applies with respect to the Government of Pakistan,CommentsClose CommentsPermalink
if the President certifies to the appropriate congressional committees that the waiver is important to the national security interests of the United States.CommentsClose CommentsPermalink
(c) Rule of Construction- Nothing in this section shall apply with respect to any activities subject to reporting requirements under title V of the National Security Act of 1947 (
(d) Definition- In this section, the term ‘appropriate congressional committees’ means the Committees on Appropriations, Armed Services, and Foreign Affairs of the House of Representatives and the Committees on Appropriations, Armed Services, and Foreign Relations of the Senate.CommentsClose CommentsPermalink
SEC. 305. SENSE OF CONGRESS.
It is the sense of Congress that--CommentsClose CommentsPermalink
(1) the Secretary of State, with the concurrence of the Secretary of Defense, should establish a coordinated, strategic communications strategy to engage the people of Pakistan--one that is fully funded, staffed, and implemented--to help ensure the success of the measures authorized by this division; andCommentsClose CommentsPermalink
(2) the strategy should have clear and achievable objectives, based on available resources, and should be overseen by the United States Chief of Mission in Pakistan.CommentsClose CommentsPermalink
SEC. 306. REPORTS.
(a) Report by President-CommentsClose CommentsPermalink
(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 subsequent reports shall be transmitted not later than December 31 of each year thereafter.CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(A) A detailed description of the assistance by program, project, and activity, as well as by geographic area.CommentsClose CommentsPermalink
(B) A general description of the performance goals established under section 302 and the progress made in meeting the goals.CommentsClose CommentsPermalink
(C) An evaluation of efforts undertaken by the Government of Pakistan to--CommentsClose CommentsPermalink
(i) disrupt, dismantle, and defeat al Qaeda, the Taliban, and other extremist and terrorist groups in the FATA and settled areas;CommentsClose CommentsPermalink
(ii) close terrorist camps, including those of Jamaat-ud-Dawa, Lashkar-e-Taiba, and Jaish-e-Mohammed;CommentsClose CommentsPermalink
(iii) cease all support for extremist and terrorist groups;CommentsClose CommentsPermalink
(iv) prevent cross-border attacks;CommentsClose CommentsPermalink
(v) increase oversight over curriculum in madrasas, including closing madrasas with direct links to the Taliban or other extremist and terrorist groups; andCommentsClose CommentsPermalink
(vi) improve counter-terrorism financing and anti-money laundering laws, apply for observer status for the Financial Action Task Force, and steps taken to adhere to the United Nations International Convention for the Suppression of Financing of Terrorism.CommentsClose CommentsPermalink
(D) A detailed description of Pakistan’s efforts to prevent proliferation of nuclear-related material and expertise.CommentsClose CommentsPermalink
(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 program.CommentsClose CommentsPermalink
(F) A description of the transfer or purchase of military equipment pursuant to title II of this division, including--CommentsClose CommentsPermalink
(i) a list of equipment provided; andCommentsClose CommentsPermalink
(ii) a detailed description of the extent to which funds obligated and expended pursuant to section 203(b) meet the requirements of such section.CommentsClose CommentsPermalink
(G) An analysis of a suitable replacement for the AH-1F and AH-1S Cobra attack helicopters, which includes recommendations for sustainment, training, and any other matters determined to be appropriate.CommentsClose CommentsPermalink
(H) An assessment of the extent to which the Government of Pakistan exercises effective civilian control of the military, including a description of the extent to which civilian executive 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 strategic guidance and planning, and military involvement in civil administration.CommentsClose CommentsPermalink
(b) Report by Comptroller General-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than April 1, 2011, the Comptroller General of the United States shall submit to the appropriate congressional committees a report evaluating the effectiveness of security assistance provided to Pakistan under title II of this division during fiscal years 2010 and 2011.CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- The report required under subsection (a) shall include the following:CommentsClose CommentsPermalink
(A) A detailed description of the expenditures made by Pakistan pursuant to grant assistance under section 23 of the Arms Export Control Act (
(B) An assessment of the impact of the assistance on the security and stability of Pakistan.CommentsClose CommentsPermalink
(C) An evaluation of any issues of financial impropriety on behalf of personnel implementing the assistance.CommentsClose CommentsPermalink
(D) An assessment of the extent to which civilian authorities are involved in administration of the assistance provided by the United States.CommentsClose CommentsPermalink
SEC. 307. SUNSET.
The authority of this division, other than section 104 and title IV of this division, shall expire after September 30, 2013.CommentsClose CommentsPermalink
TITLE IV--DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTANCommentsClose CommentsPermalink
TITLE IV--DUTY-FREE TREATMENT FOR CERTAIN GOODS FROM RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN AND PAKISTANCommentsClose CommentsPermalink
SEC. 401. SHORT TITLE.
This title may be cited as the ‘Afghanistan-Pakistan Security and Prosperity Enhancement Act’.CommentsClose CommentsPermalink
SEC. 402. DEFINITIONS; PURPOSES.
(a) Definitions- In this title:CommentsClose CommentsPermalink
(1) AGREEMENT ON TEXTILES AND CLOTHING- The term ‘Agreement on Textiles and Clothing’ means the Agreement on Textiles and Clothing referred to in section 101(d)(4) of the Uruguay Round Agreements Act (
(2) CATEGORY; TEXTILE AND APPAREL CATEGORY NUMBER- The terms ‘category’ and ‘textile and apparel category number’ mean the number assigned under the U.S. Textile and Apparel Category 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).CommentsClose CommentsPermalink
(3) CORE LABOR STANDARDS- The term ‘core labor standards’ means--CommentsClose CommentsPermalink
(A) freedom of association;CommentsClose CommentsPermalink
(B) the effective recognition of the right to bargain collectively;CommentsClose CommentsPermalink
(C) the elimination of all forms of compulsory or forced labor;CommentsClose CommentsPermalink
(D) the effective abolition of child labor and a prohibition on the worst forms of child labor; andCommentsClose CommentsPermalink
(E) the elimination of discrimination in respect of employment and occupation.CommentsClose CommentsPermalink
(4) ENTERED- The term ‘entered’ means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.CommentsClose CommentsPermalink
(5) ENTITY- The term ‘entity’ means--CommentsClose CommentsPermalink
(A) a natural person, corporation, company, business association, partnership, society, trust, any other nongovernmental entity, organization, or group, whether or not for profit;CommentsClose CommentsPermalink
(B) any governmental entity or instrumentality of a government; andCommentsClose CommentsPermalink
(C) any successor, subunit, or subsidiary of any entity described in subparagraph (A) or (B).CommentsClose CommentsPermalink
(6) HTS- The term ‘HTS’ means the Harmonized Tariff Schedule of the United States.CommentsClose CommentsPermalink
(7) NAFTA- The term ‘NAFTA’ means the North American Free Trade Agreement concluded between the United States, Mexico, and Canada on December 17, 1992.CommentsClose CommentsPermalink
(8) RECONSTRUCTION OPPORTUNITY ZONE- The term ‘Reconstruction Opportunity Zone’ means any area that--CommentsClose CommentsPermalink
(A) solely encompasses portions of the territory of--CommentsClose CommentsPermalink
(i) Afghanistan; orCommentsClose CommentsPermalink
(ii) 1 or more of the following areas of Pakistan:CommentsClose CommentsPermalink
(I) the Federally Administered Tribal Areas;CommentsClose CommentsPermalink
(II) areas of Pakistan-administered Kashmir that the President determines were harmed by the earthquake of October 8, 2005;CommentsClose CommentsPermalink
(III) areas of Baluchistan that are within 100 miles of Pakistan’s border with Afghanistan; andCommentsClose CommentsPermalink
(IV) the North West Frontier Province;CommentsClose CommentsPermalink
(B) has been designated by the competent authorities in Afghanistan or Pakistan, as the case may be, as an area in which merchandise may be introduced without payment of duty or excise tax; andCommentsClose CommentsPermalink
(C) has been designated by the President as a Reconstruction Opportunity Zone pursuant to section 403(a).CommentsClose CommentsPermalink
(b) Purposes- The purposes of this title are--CommentsClose CommentsPermalink
(1) to stimulate economic activity and development in Afghanistan and the border region of Pakistan, critical fronts in the struggle against violent extremism;CommentsClose CommentsPermalink
(2) to reflect the strong support that the United States has pledged to Afghanistan and Pakistan for their sustained commitment in the global war on terrorism;CommentsClose CommentsPermalink
(3) to support the 3-pronged United States strategy in Afghanistan and the border region of Pakistan that leverages political, military, and economic tools, with Reconstruction Opportunity Zones as a critical part of the economic component of that strategy; andCommentsClose CommentsPermalink
(4) to offer a vital opportunity to improve livelihoods of indigenous populations of Reconstruction Opportunity Zones, promote good governance, improve economic and commercial ties between the people of Afghanistan and Pakistan, and strengthen the Governments of Afghanistan and Pakistan.CommentsClose CommentsPermalink
SEC. 403. DESIGNATION OF RECONSTRUCTION OPPORTUNITY 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 determines that--CommentsClose CommentsPermalink
(1) Afghanistan or Pakistan, as the case may be, meets the eligibility criteria set forth in subsection (b);CommentsClose CommentsPermalink
(2) Afghanistan or Pakistan, as the case may be, meets the eligibility criteria set forth in subsection (c) of section 502 of the Trade Act of 1974 (
(3) designation of the area as a Reconstruction Opportunity Zone is appropriate taking into account the factors listed in subsection (c).CommentsClose CommentsPermalink
(b) Eligibility Criteria- Afghanistan or Pakistan, as the case may be, meets the eligibility criteria set forth in this subsection if that country--CommentsClose CommentsPermalink
(1) has established, or is making continual progress toward establishing--CommentsClose CommentsPermalink
(A) a market-based economy that protects private property rights, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets;CommentsClose CommentsPermalink
(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law;CommentsClose CommentsPermalink
(C) economic policies to--CommentsClose CommentsPermalink
(i) reduce poverty;CommentsClose CommentsPermalink
(ii) increase the availability of health care and educational opportunities;CommentsClose CommentsPermalink
(iii) expand physical infrastructure;CommentsClose CommentsPermalink
(iv) promote the development of private enterprise; andCommentsClose CommentsPermalink
(v) encourage the formation of capital markets through microcredit or other programs;CommentsClose CommentsPermalink
(D) a system to combat corruption and bribery, such as ratifying and implementing the United Nations Convention Against Corruption; andCommentsClose CommentsPermalink
(E) protection of core labor standards and acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety;CommentsClose CommentsPermalink
(2) is eliminating or has eliminated barriers to trade and investment, including by--CommentsClose CommentsPermalink
(A) providing national treatment and measures to create an environment conducive to domestic and foreign investment;CommentsClose CommentsPermalink
(B) protecting intellectual property; andCommentsClose CommentsPermalink
(C) resolving bilateral trade and investment disputes;CommentsClose CommentsPermalink
(3) does not engage in activities that undermine United States national security or foreign policy interests;CommentsClose CommentsPermalink
(4) does not engage in gross violations of internationally recognized human rights;CommentsClose CommentsPermalink
(5) does not provide support for acts of international terrorism; andCommentsClose CommentsPermalink
(6) cooperates in international efforts to eliminate human rights violations and terrorist activities.CommentsClose CommentsPermalink
(c) Additional Factors- In determining whether to designate an area in Afghanistan or Pakistan as a Reconstruction Opportunity Zone, the President shall take into account--CommentsClose CommentsPermalink
(1) an expression by the government of the country of its desire to have a particular area designated as a Reconstruction Opportunity Zone under this title;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) the geographical suitability of the area for such a program;CommentsClose CommentsPermalink
(B) the nature of the labor market in the area;CommentsClose CommentsPermalink
(C) skills requirements and infrastructure needs for operation of such a program in the area; andCommentsClose CommentsPermalink
(D) all other relevant information;CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) facilitate legitimate cross-border commerce;CommentsClose CommentsPermalink
(B) ensure that articles for which duty-free treatment is sought pursuant to this title satisfy the applicable rules of origin described in section 404 (c) and (d) or section 405 (c) and (d), whichever is applicable; andCommentsClose CommentsPermalink
(C) prevent unlawful transshipment, as described in section 406(b)(4);CommentsClose CommentsPermalink
(4) the potential for such designation to create local employment and to promote local and regional economic development;CommentsClose CommentsPermalink
(5) the physical security of the proposed Reconstruction Opportunity Zone;CommentsClose CommentsPermalink
(6) the economic viability of the proposed Reconstruction Opportunity Zone, including--CommentsClose CommentsPermalink
(A) whether there are commitments to finance economic activity proposed for the Reconstruction Opportunity Zone; andCommentsClose CommentsPermalink
(B) whether there is existing or planned infrastructure for power, water, transportation, and communications in the area;CommentsClose CommentsPermalink
(7) whether such designation would be compatible with and contribute to the foreign policy and national security objectives of the United States, taking into account the information provided under subsection (d); andCommentsClose CommentsPermalink
(8) the views of interested persons submitted pursuant to subsection (e).CommentsClose CommentsPermalink
(d) Information Relating to Compatibility With and Contribution to Foreign Policy and National Security Objectives of the United States- In determining whether designation of a Reconstruction Opportunity Zone would be compatible with and contribute to the foreign policy and national security objectives of the United States in accordance with subsection (c)(7), the President shall take into account whether Afghanistan 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 activities of entities to be located in the proposed Reconstruction Opportunity Zone. The specific steps outlined in a country’s plan shall include a mechanism to annually register each entity by a competent authority of the country and--CommentsClose CommentsPermalink
(1) to collect from each entity operating in, or proposing to operate in, a Reconstruction Opportunity Zone, information including--CommentsClose CommentsPermalink
(A) the name and address of the entity;CommentsClose CommentsPermalink
(B) the name and location of all facilities owned or operated by the entity that are operating in or proposed to be operating in a Reconstruction Opportunity Zone;CommentsClose CommentsPermalink
(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; andCommentsClose CommentsPermalink
(D) the nature of the activities of each entity;CommentsClose CommentsPermalink
(2) to update the information required under paragraph (1) as changes occur; andCommentsClose CommentsPermalink
(3) to provide such information promptly to the Secretary of State.CommentsClose CommentsPermalink
(e) Opportunity for Public Comment- Before the President designates an area as a Reconstruction Opportunity Zone pursuant to subsection (a), the President shall afford an opportunity for interested persons to submit their views concerning the designation.CommentsClose CommentsPermalink
(f) Notification to Congress- Before the President 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 designation, together with the reasons for making the designation.CommentsClose CommentsPermalink
SEC. 404. DUTY-FREE TREATMENT FOR CERTAIN NONTEXTILE AND NONAPPAREL ARTICLES.
(a) In General- The President is authorized to proclaim duty-free treatment for--CommentsClose CommentsPermalink
(1) any article from a Reconstruction Opportunity Zone that the President has designated as an eligible article under section 503(a)(1)(A) of the Trade Act of 1974 (
(2) any article from a Reconstruction Opportunity Zone located in Afghanistan that the President has designated as an eligible article under section 503(a)(1)(B) of the Trade Act of 1974 (
(3) any article from a Reconstruction Opportunity 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 (
(b) Advice Concerning Certain Eligible Articles- Before proclaiming duty-free treatment for an article pursuant to subsection (a)(3), the President shall publish in the Federal Register and provide the International Trade Commission a list of articles which may be considered for such treatment. The provisions of sections 131 through 134 of the Trade Act of 1974 (
(c) General Rules of Origin-CommentsClose CommentsPermalink
(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 Reconstruction Opportunity Zones if--CommentsClose CommentsPermalink
(A) that article is imported directly from a Reconstruction Opportunity Zone into the customs territory of the United States; andCommentsClose CommentsPermalink
(B)(i) with respect to an article that is an article of a Reconstruction Opportunity Zone in Pakistan, the sum of--CommentsClose CommentsPermalink
(I) the cost or value of the materials produced in 1 or more Reconstruction Opportunity Zones in Pakistan or Afghanistan;CommentsClose CommentsPermalink
(II) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones in Pakistan or Afghanistan; andCommentsClose CommentsPermalink
(III) the cost or value of materials produced in the United States, determined in accordance with paragraph (2),CommentsClose CommentsPermalink
is not less than 35 percent of the appraised value of the article at the time it is entered into the United States; orCommentsClose CommentsPermalink
(ii) with respect to an article that is an article of a Reconstruction Opportunity Zone in Afghanistan, the sum of--CommentsClose CommentsPermalink
(I) the cost or value of the materials produced in 1 or more Reconstruction Opportunity Zones in Pakistan or Afghanistan;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(III) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones in Pakistan or Afghanistan; andCommentsClose CommentsPermalink
(IV) the cost or value of materials produced in the United States, determined in accordance with paragraph (2),CommentsClose CommentsPermalink
is not less than 35 percent of the appraised value of the article at the time it is entered into the United States.CommentsClose CommentsPermalink
(2) DETERMINATION OF 35 PERCENT FOR ARTICLES 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 requirement 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.CommentsClose CommentsPermalink
(d) Rules of Origin for Certain Articles of Reconstruction Opportunity Zones in Afghanistan-CommentsClose CommentsPermalink
(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 growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones in Afghanistan if--CommentsClose CommentsPermalink
(A) that article is imported directly from a Reconstruction Opportunity Zone in Afghanistan into the customs territory of the United States; andCommentsClose CommentsPermalink
(B) with respect to that article, the sum of--CommentsClose CommentsPermalink
(i) the cost or value of the materials produced in 1 or more Reconstruction Opportunity Zones in Afghanistan;CommentsClose CommentsPermalink
(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;CommentsClose CommentsPermalink
(iii) the direct costs of processing operations performed in 1 or more Reconstruction Opportunity Zones in Afghanistan; andCommentsClose CommentsPermalink
(iv) the cost or value of materials produced in the United States, determined in accordance with paragraph (2),CommentsClose CommentsPermalink
is not less than 35 percent of the appraised value of the product at the time it is entered into the United States.CommentsClose CommentsPermalink
(2) DETERMINATION OF 35 PERCENT FOR ARTICLES 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 requirement 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.CommentsClose CommentsPermalink
(e) Exclusions- An article shall not be treated as the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones, and no material shall be included for purposes of determining the 35-percent appraised value requirement under subsection (c)(1) or (d)(1), by virtue of having merely undergone--CommentsClose CommentsPermalink
(1) simple combining or packaging operations; orCommentsClose CommentsPermalink
(2) mere dilution with water or with another substance that does not materially alter the characteristics of the article or material.CommentsClose CommentsPermalink
(f) Direct Costs of Processing Operations-CommentsClose CommentsPermalink
(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’ includes, but is not limited to--CommentsClose CommentsPermalink
(A) all actual labor costs involved in the growth, production, manufacture, or assembly of the article, including--CommentsClose CommentsPermalink
(i) fringe benefits;CommentsClose CommentsPermalink
(ii) on-the-job training; andCommentsClose CommentsPermalink
(iii) costs of engineering, supervisory, quality control, and similar personnel; andCommentsClose CommentsPermalink
(B) dies, molds, tooling, and depreciation on machinery and equipment which are allocable to the article.CommentsClose CommentsPermalink
(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--CommentsClose CommentsPermalink
(A) profit; andCommentsClose CommentsPermalink
(B) general expenses of doing business which are either not allocable to the article or are not related to the growth, production, manufacture, or assembly of the article, such as administrative salaries, casualty and liability insurance, advertising, and salesmen’s salaries, commissions, or expenses.CommentsClose CommentsPermalink
(g) Regulations- The Secretary of the Treasury, after consultation with the United States Trade Representative, 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--CommentsClose CommentsPermalink
(1) shall be wholly the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones; orCommentsClose CommentsPermalink
(2) shall be a new or different article of commerce which has been grown, produced, or manufactured in 1 or more Reconstruction Opportunity Zones.CommentsClose CommentsPermalink
SEC. 405. DUTY-FREE TREATMENT FOR CERTAIN TEXTILE AND APPAREL ARTICLES.
(a) Duty-Ffree Treatment- The President is authorized to proclaim duty-free treatment for any textile or apparel article described in subsection (b), if--CommentsClose CommentsPermalink
(1) the article is a covered article described in subsection (b); andCommentsClose CommentsPermalink
(2) the President determines that the country in which the Reconstruction Opportunity Zone is located has satisfied the requirements set forth in section 406.CommentsClose CommentsPermalink
(b) Covered Articles- A covered article described in this subsection is an article in 1 of the following categories:CommentsClose CommentsPermalink
(1) ARTICLES OF RECONSTRUCTION OPPORTUNITY 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 apparel category numbers, as set forth in the HTS (as in effect on September 1, 2007):CommentsClose CommentsPermalink
--------------CommentsClose CommentsPermalink
--------------CommentsClose CommentsPermalink
237 641 751 CommentsClose CommentsPermalink
330 642 752 CommentsClose CommentsPermalink
331 643 758 CommentsClose CommentsPermalink
333 644 759 CommentsClose CommentsPermalink
334 650 831 CommentsClose CommentsPermalink
335 651 832CommentsClose CommentsPermalink
336 653 833CommentsClose CommentsPermalink
341 654 834 CommentsClose CommentsPermalink
342 665 835 CommentsClose CommentsPermalink
350 669 836 CommentsClose CommentsPermalink
351 733 838 CommentsClose CommentsPermalink
353 734 839 CommentsClose CommentsPermalink
354 735 840 CommentsClose CommentsPermalink
360 736 842 CommentsClose CommentsPermalink
361 738 843 CommentsClose CommentsPermalink
362 739 844 CommentsClose CommentsPermalink
363 740 845 CommentsClose CommentsPermalink
369 741 846 CommentsClose CommentsPermalink
465 742 850 CommentsClose CommentsPermalink
469 743 851 CommentsClose CommentsPermalink
630 744 852 CommentsClose CommentsPermalink
631 745 858 CommentsClose CommentsPermalink
633 746 859 CommentsClose CommentsPermalink
634 747 863 CommentsClose CommentsPermalink
635 748 899 CommentsClose CommentsPermalink
636 750 CommentsClose CommentsPermalink
--------------CommentsClose CommentsPermalink
(2) ARTICLES OF RECONSTRUCTION OPPORTUNITY ZONES IN AFGHANISTAN- The article is the product of 1 or more Reconstruction Opportunity Zones in Afghanistan and falls within the scope of 1 of the following textile and apparel category numbers, as set forth in the HTS (as in effect on September 1, 2007):CommentsClose CommentsPermalink
------------CommentsClose CommentsPermalink
------------CommentsClose CommentsPermalink
201 439 459 CommentsClose CommentsPermalink
414 440 464 CommentsClose CommentsPermalink
431 442 670 CommentsClose CommentsPermalink
433 444 800 CommentsClose CommentsPermalink
434 445 810 CommentsClose CommentsPermalink
435 446 870 CommentsClose CommentsPermalink
436 448 871 CommentsClose CommentsPermalink
438 CommentsClose CommentsPermalink
------------CommentsClose CommentsPermalink
(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 effect on September 1, 2007) and is covered by the corresponding description for such category:CommentsClose CommentsPermalink
(A) CATEGORY 239- An article in category 239 (relating to cotton and man-made fiber babies’ garments) except for baby socks and baby booties described in subheading 6111.20.6050, 6111.30.5050, or 6111.90.5050 of the HTS.CommentsClose CommentsPermalink
(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 6110.20.1026, 6110.20.2067, or 6110.90.9067 of the HTS.CommentsClose CommentsPermalink
(C) CATEGORY 339- An article in category 339 (relating to women’s and girls’ cotton knit shirts and blouses) if the article is a 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 6110.20.1031, 6110.20.2077, or 6110.90.9071 of the HTS.CommentsClose CommentsPermalink
(D) CATEGORY 359- An article in category 359 (relating to other cotton apparel) except swimwear provided for in subheading 6112.39.0010, 6112.49.0010, 6211.11.8010, 6211.11.8020, 6211.12.8010, or 6211.12.8020 of the HTS.CommentsClose CommentsPermalink
(E) CATEGORY 632- An article in category 632 (relating to man-made fiber hosiery) if the article is panty hose provided for in subheading 6115.21.0020 of the HTS.CommentsClose CommentsPermalink
(F) CATEGORY 638- An article in category 638 (relating to men’s and boys’ man-made fiber knit shirts) if the article is a 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 6110.30.2051, 6110.30.3051, or 6110.90.9079 of the HTS.CommentsClose CommentsPermalink
(G) CATEGORY 639- An article in category 639 (relating to women’s and girls’ man-made fiber knit shirts and blouses) if the article is a 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 6110.30.2061, 6110.30.3057, or 6110.90.9081 of the HTS.CommentsClose CommentsPermalink
(H) CATEGORY 647- An article in category 647 (relating to men’s and boys’ man-made fiber trousers) if the article is ski/snowboard pants that meets the definition included in Statistical Note 4 to Chapter 62 of the HTS, and is provided for in subheading 6203.43.3510, 6210.40.5031, or 6211.20.1525 of the HTS.CommentsClose CommentsPermalink
(I) CATEGORY 648- An article in category 648 (relating to women’s and girls’ man-made fiber trousers) if the article is ski/snowboard pants that meets the definition included in Statistical Note 4 to Chapter 62 of the HTS, and is provided for in subheading 6204.63.3010, 6210.50.5031, or 6211.20.1555 of the HTS.CommentsClose CommentsPermalink
(J) CATEGORY 659- An article in category 659 (relating to other man-made fiber apparel) except for swimwear provided for in subheading 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010, or 6211.12.1020 of the HTS.CommentsClose CommentsPermalink
(K) CATEGORY 666- An article in category 666 (relating to other man-made fiber furnishings) except for window shades and window blinds provided for in subheading 6303.12.0010 or 6303.92.2030 of the HTS.CommentsClose CommentsPermalink
(4) CERTAIN OTHER ARTICLES- The article is the product of 1 or more Reconstruction Opportunity Zones and falls within the scope of 1 of the following statistical reporting numbers of the HTS (as in effect on September 1, 2007):CommentsClose CommentsPermalink
---------------------------------------CommentsClose CommentsPermalink
---------------------------------------CommentsClose CommentsPermalink
4202.12.8010 6210.20.3000 6304.99.1000 CommentsClose CommentsPermalink
4202.12.8050 6210.20.7000 6304.99.2500 CommentsClose CommentsPermalink
4202.22.4010 6210.30.3000 6304.99.4000 CommentsClose CommentsPermalink
4202.22.7000 6210.30.7000 6304.99.6030 CommentsClose CommentsPermalink
4202.22.8070 6210.40.3000 6306.22.9010 CommentsClose CommentsPermalink
4202.92.3010 6210.40.7000 6306.29.1100 CommentsClose CommentsPermalink
4202.92.6010 6210.50.3000 6306.29.2100 CommentsClose CommentsPermalink
4202.92.9010 6210.50.7000 6306.40.4100 CommentsClose CommentsPermalink
4202.92.9015 6211.20.0810 6306.40.4900 CommentsClose CommentsPermalink
5601.29.0010 6211.20.0820 6306.91.0000 CommentsClose CommentsPermalink
5702.39.2090 6211.32.0003 6306.99.0000 CommentsClose CommentsPermalink
5702.49.2000 6211.33.0003 6307.10.2030 CommentsClose CommentsPermalink
5702.50.5900 6211.42.0003 6307.20.0000 CommentsClose CommentsPermalink
5702.99.2000 6211.43.0003 6307.90.7200 CommentsClose CommentsPermalink
5703.90.0000 6212.10.3000 6307.90.7500 CommentsClose CommentsPermalink
5705.00.2090 6212.10.7000 6307.90.8500 CommentsClose CommentsPermalink
6108.22.1000 6212.90.0050 6307.90.8950 CommentsClose CommentsPermalink
6111.90.7000 6213.90.0500 6307.90.8985 CommentsClose CommentsPermalink
6113.00.1005 6214.10.1000 6310.90.1000 CommentsClose CommentsPermalink
6113.00.1010 6216.00.0800 6406.99.1580 CommentsClose CommentsPermalink
6113.00.1012 6216.00.1300 6501.00.6000 CommentsClose CommentsPermalink
6115.29.4000 6216.00.1900 6502.00.2000 CommentsClose CommentsPermalink
6115.30.1000 6216.00.2600 6502.00.4000 CommentsClose CommentsPermalink
6115.99.4000 6216.00.3100 6502.00.9060 CommentsClose CommentsPermalink
6116.10.0800 6216.00.3500 6504.00.3000 CommentsClose CommentsPermalink
6116.10.1300 6216.00.4600 6504.00.6000 CommentsClose CommentsPermalink
6116.10.4400 6217.10.1010 6504.00.9045 CommentsClose CommentsPermalink
6116.10.6500 6217.10.8500 6504.00.9075 CommentsClose CommentsPermalink
6116.10.9500 6301.90.0020 6505.10.0000 CommentsClose CommentsPermalink
6116.92.0800 6302.29.0010 6505.90.8015 CommentsClose CommentsPermalink
6116.93.0800 6302.39.0020 6505.90.9050 CommentsClose CommentsPermalink
6116.99.3500 6302.59.3010 6505.90.9076 CommentsClose CommentsPermalink
6117.10.4000 6302.99.1000 9404.90.2000 CommentsClose CommentsPermalink
6117.80.3010 6303.99.0030 9404.90.8523 CommentsClose CommentsPermalink
6117.80.8500 6304.19.3030 9404.90.9523 CommentsClose CommentsPermalink
6210.10.2000 6304.91.0060 9404.90.9570 CommentsClose CommentsPermalink
6210.10.7000 CommentsClose CommentsPermalink
---------------------------------------CommentsClose CommentsPermalink
(c) Rules of Origin for Certain Covered Articles-CommentsClose CommentsPermalink
(1) GENERAL RULES- Except with respect to an article listed in paragraph (2) of subsection (b), duty-free treatment may be proclaimed for an article listed in subsection (b) only if the article is imported directly into the customs territory of the United States from a Reconstruction Opportunity Zone and--CommentsClose CommentsPermalink
(A) the article is wholly the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones;CommentsClose CommentsPermalink
(B) the article is a yarn, thread, twine, cordage, rope, cable, or braiding, and--CommentsClose CommentsPermalink
(i) the constituent staple fibers are spun in; orCommentsClose CommentsPermalink
(ii) the continuous filament fiber is extruded in,CommentsClose CommentsPermalink
1 or more Reconstruction Opportunity Zones;CommentsClose CommentsPermalink
(C) the article is a fabric, including a fabric classifiable under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in 1 or more Reconstruction Opportunity Zones; orCommentsClose CommentsPermalink
(D) the article is any other textile or apparel article that is cut (or knit-to-shape) and sewn or otherwise assembled in 1 or more Reconstruction Opportunity Zones from its component pieces.CommentsClose CommentsPermalink
(2) SPECIAL RULES-CommentsClose CommentsPermalink
(A) CERTAIN MADE-UP ARTICLES, TEXTILE ARTICLES IN THE PIECE, AND CERTAIN OTHER TEXTILES AND TEXTILE ARTICLES- Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, subparagraph (A), (B), or (C) of paragraph (1), as appropriate, shall determine whether a good that is classifiable under 1 of the following headings or subheadings of the HTS shall be considered to meet the rules of origin of this subsection: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.CommentsClose CommentsPermalink
(B) CERTAIN KNIT-TO-SHAPE TEXTILES AND TEXTILE ARTICLES- Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, a textile or apparel article that is wholly formed on seamless knitting machines or by hand-knitting in 1 or more Reconstruction Opportunity Zones shall be considered to meet the rules of origin of this subsection.CommentsClose CommentsPermalink
(C) CERTAIN DYED AND PRINTED TEXTILES AND TEXTILE ARTICLES- Notwithstanding paragraph (1)(D), an article classifiable under subheading 6117.10, 6213.00, 6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for an article classifiable under 1 of such subheadings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton, shall be considered to meet the rules of origin of this subsection if the fabric in the article is both dyed and printed in 1 or more Reconstruction Opportunity Zones, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.CommentsClose CommentsPermalink
(D) FABRICS OF SILK, COTTON, MAN-MADE FIBER, OR VEGETABLE FIBER- Notwithstanding paragraph (1)(C), a fabric classifiable under the HTS as of silk, cotton, man-made fiber, or vegetable fiber shall be considered to meet the rules of origin of this subsection if the fabric is both dyed and printed in 1 or more Reconstruction Opportunity Zones, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.CommentsClose CommentsPermalink
(d) Rules of Origin for Covered Articles That Are Products of 1 or More Reconstruction Opportunity Zones in Afghanistan-CommentsClose CommentsPermalink
(1) GENERAL RULES- Duty-free treatment may be proclaimed for an article listed in paragraph (2) of subsection (b) only if the article is imported directly into the customs territory of the United States from a Reconstruction Opportunity Zone in Afghanistan and--CommentsClose CommentsPermalink
(A) the article is wholly the growth, product, or manufacture of 1 or more Reconstruction Opportunity Zones in Afghanistan;CommentsClose CommentsPermalink
(B) the article is a yarn, thread, twine, cordage, rope, cable, or braiding, and--CommentsClose CommentsPermalink
(i) the constituent staple fibers are spun in; orCommentsClose CommentsPermalink
(ii) the continuous filament fiber is extruded in,CommentsClose CommentsPermalink
1 or more Reconstruction Opportunity Zones in Afghanistan;CommentsClose CommentsPermalink
(C) the article is a fabric, including a fabric classifiable under chapter 59 of the HTS, and the constituent fibers, filaments, or yarns are woven, knitted, needled, tufted, felted, entangled, or transformed by any other fabric-making process in 1 or more Reconstruction Opportunity Zones in Afghanistan; orCommentsClose CommentsPermalink
(D) the article is any other textile or apparel article that is cut (or knit-to-shape) and sewn or otherwise assembled in 1 or more Reconstruction Opportunity Zones in Afghanistan from its component pieces.CommentsClose CommentsPermalink
(2) SPECIAL RULES-CommentsClose CommentsPermalink
(A) CERTAIN MADE-UP ARTICLES, TEXTILE ARTICLES IN THE PIECE, AND CERTAIN OTHER TEXTILES AND TEXTILE ARTICLES- Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, subparagraph (A), (B), or (C) of paragraph (1), as appropriate, shall determine whether a good that is classifiable under 1 of the following headings or subheadings of the HTS shall be considered to meet the rules of origin of this subsection: 5609, 5807, 5811, 6209.20.50.40, 6213, 6214, 6301, 6302, 6303, 6304, 6305, 6306, 6307.10, 6307.90, 6308, and 9404.90.CommentsClose CommentsPermalink
(B) CERTAIN KNIT-TO-SHAPE TEXTILES AND TEXTILE ARTICLES- Notwithstanding paragraph (1)(D) and except as provided in subparagraphs (C) and (D) of this paragraph, a textile or apparel article that is wholly formed on seamless knitting machines or by hand-knitting in 1 or more Reconstruction Opportunity Zones in Afghanistan shall be considered to meet the rules of origin of this subsection.CommentsClose CommentsPermalink
(C) CERTAIN DYED AND PRINTED TEXTILES AND TEXTILE ARTICLES- Notwithstanding paragraph (1)(D), an article classifiable under subheading 6117.10, 6213.00, 6214.00, 6302.22, 6302.29, 6302.52, 6302.53, 6302.59, 6302.92, 6302.93, 6302.99, 6303.92, 6303.99, 6304.19, 6304.93, 6304.99, 9404.90.85, or 9404.90.95 of the HTS, except for an article classifiable under 1 of such subheadings as of cotton or of wool or consisting of fiber blends containing 16 percent or more by weight of cotton, shall be considered to meet the rules of origin of this subsection if the fabric in the article is both dyed and printed in 1 or more Reconstruction Opportunity Zones in Afghanistan, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.CommentsClose CommentsPermalink
(D) FABRICS OF SILK, COTTON, MAN-MADE FIBER OR VEGETABLE FIBER- Notwithstanding paragraph (1)(C), a fabric classifiable under the HTS as of silk, cotton, man-made fiber, or vegetable fiber shall be considered to meet the rules of origin of this subsection if the fabric is both dyed and printed in 1 or more Reconstruction Opportunity Zones in Afghanistan, and such dyeing and printing is accompanied by 2 or more of the following finishing operations: bleaching, shrinking, fulling, napping, decating, permanent stiffening, weighting, permanent embossing, or moireing.CommentsClose CommentsPermalink
(e) Regulations- The Secretary of the Treasury, after consultation with the United States Trade Representative, shall prescribe such regulations as may be necessary to carry out this section.CommentsClose CommentsPermalink
SEC. 406. PROTECTIONS AGAINST UNLAWFUL TRANSSHIPMENT.
(a) Duty-Ffree Treatment Conditioned on Enforcement Measures-CommentsClose CommentsPermalink
(1) IN GENERAL- The duty-free treatment described in section 405 shall not be provided to covered articles that are imported from a Reconstruction Opportunity Zone in a country unless the President determines that country meets the following criteria:CommentsClose CommentsPermalink
(A) The country has adopted--CommentsClose CommentsPermalink
(i) an effective visa or electronic certification system; andCommentsClose CommentsPermalink
(ii) domestic laws and enforcement procedures applicable to covered articles to prevent unlawful transshipment of the articles and the use of false documents relating to the importation of the articles into the United States.CommentsClose CommentsPermalink
(B) The country has enacted legislation or promulgated regulations that would permit U.S. Customs and Border Protection verification teams to have the access necessary to investigate thoroughly allegations of unlawful transshipment through such country.CommentsClose CommentsPermalink
(C) The country agrees to provide U.S. Customs and Border Protection with a monthly report on shipments of covered articles from each producer of those articles in a Reconstruction Opportunity Zone in that country.CommentsClose CommentsPermalink
(D) The country will cooperate fully with the United States to address and take action necessary to prevent circumvention, as described in Article 5 of the Agreement on Textiles and Clothing.CommentsClose CommentsPermalink
(E) The country agrees to require each producer of a covered article in a Reconstruction Opportunity Zone in that country to register with the competent government authority, to provide that authority with the following information, and to update that information as changes occur:CommentsClose CommentsPermalink
(i) The name and address of the producer, including the location of all textile or apparel facilities owned or operated by that producer in Afghanistan or Pakistan.CommentsClose CommentsPermalink
(ii) The telephone number, facsimile number, and electronic mail address of the producer.CommentsClose CommentsPermalink
(iii) The names and nationalities of the producer’s owners, directors, and corporate officers, and their positions.CommentsClose CommentsPermalink
(iv) The number of employees the producer employs and their occupations.CommentsClose CommentsPermalink
(v) A general description of the covered articles of the producer and the producer’s production capacity.CommentsClose CommentsPermalink
(vi) The number and type of machines the producer uses to produce textile or apparel articles at each facility.CommentsClose CommentsPermalink
(vii) The approximate number of hours the machines operate per week.CommentsClose CommentsPermalink
(viii) The identity of any supplier to the producer of textile or apparel goods, or fabrics, yarns, or fibers used in the production of textile or apparel goods.CommentsClose CommentsPermalink
(ix) The name of, and contact information for, each of the producer’s customers in the United States.CommentsClose CommentsPermalink
(F) The country agrees to provide to U.S. Customs and Border Protection on a timely basis all of the information received by the competent government authority in accordance with subparagraph (E) and to provide U.S. Customs and Border Protection with an annual update of that information.CommentsClose CommentsPermalink
(G) The country agrees to require that all producers and exporters of covered articles in a Reconstruction Opportunity Zone in that country maintain complete records of the production and the export of covered articles, including materials used in the production, for at least 5 years after the production or export (as the case may be).CommentsClose CommentsPermalink
(H) The country agrees to provide, on a timely basis, at the request of U.S. Customs and Border Protection, documentation establishing the eligibility of covered articles for duty-free treatment under section 405.CommentsClose CommentsPermalink
(2) DOCUMENTATION ESTABLISHING ELIGIBILITY OF ARTICLES FOR DUTY-FREE TREATMENT- For purposes of paragraph (1)(H), documentation establishing the eligibility of a covered article for duty-free treatment under section 405 includes documentation such as production records, information relating to the place of production, the number and identification of the types of machinery used in production, the number of workers employed in production, and certification from both the producer and the exporter.CommentsClose CommentsPermalink
(b) Customs Procedures and Enforcement-CommentsClose CommentsPermalink
(1) IN GENERAL-CommentsClose CommentsPermalink
(A) REGULATIONS- The Secretary of the Treasury, after consultation with the United States Trade Representative, shall promulgate regulations setting forth customs procedures similar in all material respects to the requirements of article 502(1) of the NAFTA as implemented pursuant to United States law, which shall apply to any importer that claims duty-free treatment for an article under section 405.CommentsClose CommentsPermalink
(B) DETERMINATION- In order for articles produced in a Reconstruction Opportunity Zone to qualify for the duty-free treatment under section 405, there shall be in effect a determination by the President that Afghanistan or Pakistan, as the case may be--CommentsClose CommentsPermalink
(i) has implemented and follows; orCommentsClose CommentsPermalink
(ii) is making substantial progress toward implementing and following,CommentsClose CommentsPermalink
procedures and requirements similar in all material respects to the relevant procedures and requirements under chapter 5 of the NAFTA.CommentsClose CommentsPermalink
(2) CERTIFICATE OF ORIGIN- A certificate of origin that otherwise would be required pursuant to the provisions of paragraph (1) shall not be required in the case of an article imported under section 405 if such certificate of origin would not be required under article 503 of the NAFTA, as implemented pursuant to United States law, if the article were imported from Mexico.CommentsClose CommentsPermalink
(3) PENALTIES- If the President determines, based on sufficient evidence, that an entity has engaged in unlawful transshipment described in paragraph (4), the President shall deny for a period of 5 years beginning on the date of the determination all benefits under section 405 to the entity, any successor of the entity, and any other entity owned, operated, or controlled by the principals of the entity.CommentsClose CommentsPermalink
(4) UNLAWFUL TRANSSHIPMENT DESCRIBED- For purposes of this section, unlawful transshipment occurs when duty-free treatment for a covered article has been claimed on the basis of material false information concerning the country of origin, manufacture, processing, or assembly of the article or any of its components. For purposes of the preceding sentence, false information is material if disclosure of the true information would mean or would have meant that the article is or was ineligible for duty-free treatment under section 405.CommentsClose CommentsPermalink
(5) MONITORING AND REPORTS TO CONGRESS- U.S. Customs and Border Protection shall monitor and the Commissioner responsible for U.S. Customs and Border Protection shall submit to Congress, not later than March 31 of each year, a report on the effectiveness of the visa or electronic certification systems and the implementation of legislation and regulations described in subsection (a) and on measures taken by Afghanistan and Pakistan to prevent circumvention as described in article 5 of the Agreement on Textile and Clothing.CommentsClose CommentsPermalink
(c) Additional Customs Enforcement- U.S. Customs and Border Protection shall--CommentsClose CommentsPermalink
(1) make available technical assistance to Afghanistan and Pakistan--CommentsClose CommentsPermalink
(A) in the development and implementation of visa or electronic certification systems, legislation, and regulations described in subsection (a)(1)(A) and (B); andCommentsClose CommentsPermalink
(B) to train their officials in anti-transshipment enforcement;CommentsClose CommentsPermalink
(2) send production verification teams to Afghanistan and Pakistan as necessary; andCommentsClose CommentsPermalink
(3) to the extent feasible, place Afghanistan and Pakistan on a relevant e-certification program.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- To carry out subsection (c), there are authorized to be appropriated to U.S. Customs and Border Protection $10,000,000 for each of the fiscal years 2010 through 2023.CommentsClose CommentsPermalink
SEC. 407. TECHNICAL ASSISTANCE, CAPACITY BUILDING, COMPLIANCE ASSESSMENT, AND REMEDIATION PROGRAM.
(a) Definitions- In this section:CommentsClose CommentsPermalink
(1) APPROPRIATE CONGRESSIONAL COMMITTEES- The term ‘appropriate congressional committees’ means--CommentsClose CommentsPermalink
(A) the Committee on Finance and the Committee on Armed Services of the Senate; andCommentsClose CommentsPermalink
(B) the Committee on Ways and Means and the Committee on Armed Services of the House of Representatives.CommentsClose CommentsPermalink
(2) TEXTILE OR APPAREL PRODUCER- The term ‘textile or apparel producer’ means a producer of a covered article described in section 405(b) that is located in a Reconstruction Opportunity Zone.CommentsClose CommentsPermalink
(b) Eligibility-CommentsClose CommentsPermalink
(1) PRESIDENTIAL CERTIFICATION OF COMPLIANCE BY AFGHANISTAN OR PAKISTAN WITH REQUIREMENTS- Upon the expiration of the 16-month period beginning on the date on which the President designates an area within Afghanistan or Pakistan, as the case may be, as a Reconstruction Opportunity Zone under section 403(a), duty-free treatment proclaimed under section 404(a) or 405(a) for articles from such Reconstruction Opportunity Zone may remain in effect only if the President determines and certifies to Congress that Afghanistan or Pakistan, as the case may be--CommentsClose CommentsPermalink
(A) has implemented the requirements set forth in subsections (c) and (d) with respect to such Reconstruction Opportunity Zone; andCommentsClose CommentsPermalink
(B) has agreed to require textile or apparel producers in such Reconstruction Opportunity Zone to participate in the program described in subsection (d) and has developed a system to ensure participation in such program by such producers, including by developing and maintaining the registry described in subsection (c)(2)(A).CommentsClose CommentsPermalink
(2) EXTENSION-CommentsClose CommentsPermalink
(A) INITIAL EXTENSION- The President may extend the period for compliance by Afghanistan or Pakistan under paragraph (1) for an initial 6-month period if the President--CommentsClose CommentsPermalink
(i) determines that Afghanistan or Pakistan, as the case may be, has made a good faith effort toward implementing the requirements set forth in paragraph (1) (A) and (B) and has agreed to take additional steps towards implementing such requirements that are satisfactory to the President; andCommentsClose CommentsPermalink
(ii) provides to the appropriate congressional committees, not later than 30 days before the last day of the 16-month period specified in paragraph (1), a report identifying the additional steps that Afghanistan or Pakistan, as the case may be, has agreed to take as described in clause (i).CommentsClose CommentsPermalink
(B) SUBSEQUENT EXTENSIONS- The President may extend the period for compliance by Afghanistan or Pakistan under paragraph (1) for subsequent 6-month periods if, with respect to each such extension, the President--CommentsClose CommentsPermalink
(i) provides an opportunity for public comment and a public hearing on the possible extension not later than 45 days before the last day of the existing 6-month extension;CommentsClose CommentsPermalink
(ii) consults with the Secretary of Labor and the appropriate congressional committees with respect to the possible extension not later than 45 days before the last day of the existing 6-month extension;CommentsClose CommentsPermalink
(iii) determines, taking into account any public comments and input received during the public hearing described in clause (i) and the consultations described in clause (ii), that extraordinary circumstances exist that preclude Afghanistan or Pakistan, as the case may be, from meeting the requirements set forth in paragraph (1) (A) and (B); andCommentsClose CommentsPermalink
(iv) publishes in the Federal Register a notice that describes--CommentsClose CommentsPermalink
(I) the extraordinary circumstances described in clause (iii);CommentsClose CommentsPermalink
(II) the reasons why the extraordinary circumstances preclude Afghanistan or Pakistan, as the case may be, from meeting the requirements set forth in paragraph (1) (A) and (B); andCommentsClose CommentsPermalink
(III) the steps Afghanistan or Pakistan, as the case may be, will take during the 6-month period of the extension to implement the requirements set forth in paragraph (1) (A) and (B).CommentsClose CommentsPermalink
(3) CONTINUING COMPLIANCE-CommentsClose CommentsPermalink
(A) TERMINATION OF DUTY-FREE TREATMENT- If, after making a certification under paragraph (1), the President determines that Afghanistan or Pakistan is no longer meeting the requirements set forth in paragraph (1) (A) and (B), the President shall terminate the duty-free treatment proclaimed under section 404(a) or 405(a).CommentsClose CommentsPermalink
(B) CONTINUATION OF DUTY-FREE TREATMENT NOTWITHSTANDING NONCOMPLIANCE-CommentsClose CommentsPermalink
(i) INITIAL 6-MONTH CONTINUATION- Notwithstanding subparagraph (A), if, after making a certification under paragraph (1), the President determines that Afghanistan or Pakistan is no longer meeting the requirements set forth in paragraph (1) (A) and (B), the President may extend the duty-free treatment proclaimed under section 404(a) or 405(a) for an initial 6-month period if the President--CommentsClose CommentsPermalink
(I) determines, after consultation with the Secretary of Labor and the appropriate congressional committees, that extraordinary circumstances exist that preclude Afghanistan or Pakistan, as the case may be, from continuing to meet the requirements set forth in paragraph (1) (A) and (B); andCommentsClose CommentsPermalink
(II) publishes in the Federal Register a notice, not later than 30 days after making the determination under subclause (I), that describes--CommentsClose CommentsPermalink
(aa) the extraordinary circumstances described in subclause (I); andCommentsClose CommentsPermalink
(bb) the reasons why the extraordinary circumstances preclude Afghanistan or Pakistan, as the case may be, from continuing to meet the requirements set forth in paragraph (1) (A) and (B).CommentsClose CommentsPermalink
(ii) SUBSEQUENT 6-MONTH CONTINUATION- The President may extend the duty-free treatment proclaimed under section 404(a) or 405(a) for a subsequent 6-month period if, with respect to such extension, the President makes a determination that meets the requirements of clause (i)(I) and publishes in the Federal Register a notice that meets the requirements of clause (i)(II).CommentsClose CommentsPermalink
(C) SUBSEQUENT COMPLIANCE- If the President, after terminating duty-free treatment under subparagraph (A), determines that Afghanistan or Pakistan, as the case may be, is implementing the requirements set forth in paragraph (1) (A) and (B) and meets the requirements of section 403, the President shall reinstate the application of duty-free treatment proclaimed under section 404(a) or 405(a).CommentsClose CommentsPermalink
(c) Labor Official-CommentsClose CommentsPermalink
(1) IN GENERAL- The requirement under this subsection is that Afghanistan or Pakistan, as the case may be, has designated a labor official within the national government that--CommentsClose CommentsPermalink
(A) reports directly to the President of Afghanistan or Pakistan, as the case may be;CommentsClose CommentsPermalink
(B) is chosen by the President of Afghanistan or Pakistan, as the case may be, in consultation with labor unions and industry associations; andCommentsClose CommentsPermalink
(C) is vested with the authority to perform the functions described in paragraph (2).CommentsClose CommentsPermalink
(2) FUNCTIONS- The functions of the labor official shall include--CommentsClose CommentsPermalink
(A) developing and maintaining a registry of textile or apparel producers, and developing, in consultation and coordination with any other appropriate officials of the Government of Afghanistan or Pakistan, as the case may be, a system to ensure participation by such producers in the program described in subsection (d);CommentsClose CommentsPermalink
(B) overseeing the implementation of the program described in subsection (d);CommentsClose CommentsPermalink
(C) receiving and investigating comments from any interested party regarding the conditions described in subsection (d)(2) in facilities of textile or apparel producers listed in the registry described in subparagraph (A) and, where appropriate, referring such comments or the result of such investigations to the appropriate authorities of Afghanistan or Pakistan, as the case may be, and to the entity operating the program described in subsection (d);CommentsClose CommentsPermalink
(D) assisting, in consultation and coordination with any other appropriate authorities of Afghanistan or Pakistan, as the case may be, textile or apparel producers listed in the registry described in subparagraph (A) in meeting the conditions set forth in subsection (d)(2); andCommentsClose CommentsPermalink
(E) coordinating, with the assistance of the entity operating the program described in subsection (d), a tripartite committee comprised of appropriate representatives of government agencies, employers, and workers, as well as other relevant interested parties, for the purposes of evaluating progress in implementing the program described in subsection (d), and consulting on improving core labor standards and working conditions in the textile and apparel sector in Afghanistan or Pakistan, as the case may be, and on other matters of common concern relating to such core labor standards and working conditions.CommentsClose CommentsPermalink
(d) Technical Assistance, Capacity Building, Compliance Assessment, and Remediation Program-CommentsClose CommentsPermalink
(1) IN GENERAL- The requirement under this subsection is that Afghanistan or Pakistan, as the case may be, in cooperation with the entity designated by the Secretary of Labor under paragraph (3)(A)(i), has established a program meeting the requirements under paragraph (3)--CommentsClose CommentsPermalink
(A) to assess compliance by textile or apparel producers listed in the registry described in subsection (c)(2)(A) with the conditions set forth in paragraph (2) and to assist such producers in meeting such conditions; andCommentsClose CommentsPermalink
(B) to provide assistance to improve the capacity of the Government of Afghanistan or Pakistan, as the case may be--CommentsClose CommentsPermalink
(i) to inspect facilities of textile or apparel producers listed in the registry described in subsection (c)(2)(A); andCommentsClose CommentsPermalink
(ii) to enforce national labor laws and resolve labor disputes, including through measures described in paragraph (5).CommentsClose CommentsPermalink
(2) CONDITIONS DESCRIBED- The conditions referred to in paragraph (1) are--CommentsClose CommentsPermalink
(A) compliance with core labor standards; andCommentsClose CommentsPermalink
(B) compliance with the labor laws of Afghanistan or Pakistan, as the case may be, that relate directly to core labor standards and to ensuring acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety.CommentsClose CommentsPermalink
(3) REQUIREMENTS- The requirements for the program are that the program--CommentsClose CommentsPermalink
(A) is operated by an entity that--CommentsClose CommentsPermalink
(i) is designated by the Secretary of Labor, in consultation with appropriate officials of the Government of Afghanistan or Pakistan, as the case may be;CommentsClose CommentsPermalink
(ii) operates independently of the Government of Afghanistan or Pakistan, as the case may be;CommentsClose CommentsPermalink
(iii) has expertise relating to monitoring of core labor standards;CommentsClose CommentsPermalink
(iv) if the entity designated under clause (i) is an entity other than the International Labor Organization, is subject to evaluation by the International Labor Organization at the request of the Secretary of Labor, including--CommentsClose CommentsPermalink
(I) annual review of the operation of the program; andCommentsClose CommentsPermalink
(II) annual recommendations to the entity operating the program, the Government of Afghanistan or Pakistan, as the case may be, and the Secretary of Labor to improve the operation of the program;CommentsClose CommentsPermalink
(v) prepares the annual report described in paragraph (4);CommentsClose CommentsPermalink
(B) is developed through a participatory process that includes the labor official described in subsection (c) of Afghanistan or Pakistan, as the case may be, and appropriate representatives of government agencies, employers, and workers;CommentsClose CommentsPermalink
(C) assess compliance by each textile or apparel producer listed in the registry described in subsection (c)(2)(A) with the conditions set forth in paragraph (2) and identify any deficiencies by such producer with respect to meeting such conditions, including by--CommentsClose CommentsPermalink
(i) conducting site visits to facilities of the producer;CommentsClose CommentsPermalink
(ii) conducting confidential interviews with workers and management of the facilities of the producer; andCommentsClose CommentsPermalink
(iii) providing to management and workers, and where applicable, worker organizations of the producer, on a confidential basis--CommentsClose CommentsPermalink
(I) the results of the assessment carried out under this subparagraph; andCommentsClose CommentsPermalink
(II) specific suggestions for remediating any such deficiencies;CommentsClose CommentsPermalink
(D) assist the textile or apparel producer in remediating any deficiencies identified under subparagraph (C);CommentsClose CommentsPermalink
(E) conduct prompt follow-up site visits to the facilities of the textile or apparel producer to assess progress on remediation of any deficiencies identified under subparagraph (C); andCommentsClose CommentsPermalink
(F) provide training to workers and management of the textile or apparel producer, and where appropriate, to other persons or entities, to promote compliance with paragraph (2).CommentsClose CommentsPermalink
(4) ANNUAL REPORT- The annual report referred to in paragraph (3)(A)(v) is a report, by the entity operating the program, that is published (and available to the public in a readily accessible manner) on an annual basis, beginning 1 year after Afghanistan or Pakistan, as the case may be, has implemented a program under this subsection, covering the preceding 1-year period, and that includes the following:CommentsClose CommentsPermalink
(A) The name of each textile or apparel producer listed in the registry described in subsection (c)(2)(A) that has been in operation in the Reconstruction Opportunity Zone for at least 1 year and has been identified as having met the conditions under paragraph (2).CommentsClose CommentsPermalink
(B) The name of each textile or apparel producer listed in the registry described in subsection (c)(2)(A) that has been in operation in the Reconstruction Opportunity Zone for at least 1 year and has been identified as having deficiencies with respect to the conditions under paragraph (2), and has failed to remedy such deficiencies.CommentsClose CommentsPermalink
(C) For each textile or apparel producer listed under subparagraph (B)--CommentsClose CommentsPermalink
(i) a description of the deficiencies found to exist and the specific suggestions for remediating such deficiencies made by the entity operating the program;CommentsClose CommentsPermalink
(ii) a description of the efforts by the producer to remediate the deficiencies, including a description of assistance provided by any entity to assist in such remediation; andCommentsClose CommentsPermalink
(iii) with respect to deficiencies that have not been remediated, the amount of time that has elapsed since the deficiencies were first identified in a report under this subparagraph.CommentsClose CommentsPermalink
(D) For each textile or apparel producer identified as having deficiencies with respect to the conditions described under paragraph (2) in a prior report under this paragraph, a description of the progress made in remediating such deficiencies since the submission of the prior report, and an assessment of whether any aspect of such deficiencies persists.CommentsClose CommentsPermalink
(5) CAPACITY BUILDING- The assistance to the Government of Afghanistan or Pakistan referred to in paragraph (1)(B) shall include programs--CommentsClose CommentsPermalink
(A) to review the labor laws and regulations of Afghanistan or Pakistan, as the case may be, and to develop and implement strategies for improving such labor laws and regulations;CommentsClose CommentsPermalink
(B) to develop additional strategies for protecting core labor standards and providing acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health, including through legal, regulatory, and institutional reform;CommentsClose CommentsPermalink
(C) to increase awareness of core labor standards and national labor laws;CommentsClose CommentsPermalink
(D) to promote consultation and cooperation between government representatives, employers, worker representatives, and United States importers on matters relating to core labor standards and national labor laws;CommentsClose CommentsPermalink
(E) to assist the labor official of Afghanistan or Pakistan, as the case may be, designated pursuant to subsection (c) in establishing and coordinating operation of the committee described in subsection (c)(2)(E);CommentsClose CommentsPermalink
(F) to assist worker representatives in more fully and effectively advocating on behalf of their members; andCommentsClose CommentsPermalink
(G) to provide on-the-job training and technical assistance to labor inspectors, judicial officers, and other relevant personnel to build their capacity to enforce national labor laws and resolve labor disputes.CommentsClose CommentsPermalink
(e) Compliance With Eligibility Criteria-CommentsClose CommentsPermalink
(1) COUNTRY COMPLIANCE WITH CORE LABOR STANDARDS ELIGIBILITY CRITERIA- In making a determination of whether Afghanistan or Pakistan is meeting the eligibility requirement set forth in section 403(b)(1)(E) relating to core labor standards, the President shall consider any reports produced under subsection (d)(4) and acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety.CommentsClose CommentsPermalink
(2) PRODUCER ELIGIBILITY-CommentsClose CommentsPermalink
(A) IDENTIFICATION OF PRODUCERS-CommentsClose CommentsPermalink
(i) IN GENERAL- Except as provided in clause (ii), beginning 2 years after the President makes the certification under subsection (b)(1), the President shall identify on a biennial basis whether a textile or apparel producer listed in the registry described in subsection (c)(2)(A) and in operation for at least 1 year has failed to comply with core labor standards and with the labor laws of Afghanistan or Pakistan, as the case may be, that directly relate to and are consistent with core labor standards.CommentsClose CommentsPermalink
(ii) EXCEPTION- The President may identify a textile or apparel producer at any time under clause (i) if the evidence warrants such a review.CommentsClose CommentsPermalink
(B) ASSISTANCE TO PRODUCERS; WITHDRAWAL, ETC., OF DUTY-FREE TREATMENT- For each textile or apparel producer that the President identifies under subparagraph (A), the President shall seek to assist such producer in coming into compliance with core labor standards and with the labor laws of Afghanistan or Pakistan, as the case may be, that directly relate to and are consistent with core labor standards. If, within a reasonable period of time, such efforts fail, the President shall withdraw, suspend, or limit the application of duty-free treatment to textile and apparel covered articles of such producer.CommentsClose CommentsPermalink
(C) REINSTATING DUTY-FREE TREATMENT- If the President, after withdrawing, suspending, or limiting the application of duty-free treatment under subparagraph (B) to articles of a textile or apparel producer, determines that such producer is complying with core labor standards and with the labor laws of Afghanistan or Pakistan, as the case may be, that directly relate to and are consistent with core labor standards, the President shall reinstate the application of duty-free treatment under section 405 to the textile and apparel covered articles of such producer.CommentsClose CommentsPermalink
(D) CONSIDERATION OF REPORTS- In making the identification under subparagraph (A) and the determination under subparagraph (C), the President shall consider the reports made available under subsection (d)(4).CommentsClose CommentsPermalink
(f) Reports by the President-CommentsClose CommentsPermalink
(1) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall transmit to the appropriate congressional committees a report on the implementation of this section during the preceding 1-year period.CommentsClose CommentsPermalink
(2) MATTERS TO BE INCLUDED- Each report required by paragraph (1) shall include the following:CommentsClose CommentsPermalink
(A) An explanation of the efforts of Afghanistan and Pakistan, the President, and entity designated by the Secretary of Labor to carry out this section.CommentsClose CommentsPermalink
(B) A summary of each report produced under subsection (d)(4) during the preceding 1-year period and a summary of the findings contained in such report.CommentsClose CommentsPermalink
(C) Identifications made under subsection (e)(2)(A) and determinations made under subsection (e)(2)(C).CommentsClose CommentsPermalink
(g) Evaluation and Report by Secretary of Labor-CommentsClose CommentsPermalink
(1) EVALUATION- The Secretary of Labor shall evaluate the monitoring program established under this section to determine ways to improve adoption and adherence to core labor standards and acceptable conditions of work with respect to minimum wages, hours of work, and occupational health and safety. To the extent that producers of nontextile or nonapparel articles described in section 404 of this division have established operations in Reconstruction Opportunity Zones, the report shall also evaluate options for expanding the program to include such producers.CommentsClose CommentsPermalink
(2) REPORT- Not later than 1 year after the date on which Afghanistan or Pakistan, as the case may be, has implemented a program under this section, the Secretary of Labor shall submit to the appropriate congressional committees a report that contains the results of the evaluation required under paragraph (1) and recommendations to improve the program under this section and, if applicable, to expand the program to include producers of nontextile or nonapparel articles.CommentsClose CommentsPermalink
(3) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to the Secretary of Labor such sums as may be necessary to carry out this subsection.CommentsClose CommentsPermalink
(h) Authorization of Appropriations- There is authorized to be appropriated to carry out this section (other than subsection (g)) $20,000,000 for the period beginning on October 1, 2009, and ending on September 30, 2023.CommentsClose CommentsPermalink
SEC. 408. PETITION PROCESS.
Any interested party may file a request to have the status of Afghanistan or Pakistan reviewed with respect to the eligibility requirements listed in this title, and the President shall provide for this purpose the same procedures as those that are provided for reviewing the status of eligible beneficiary developing countries with respect to the designation criteria listed in subsections (b) and (c) of section 502 of the Trade Act of 1974 (
SEC. 409. LIMITATIONS ON PROVIDING DUTY-FREE TREATMENT.
(a) In General-CommentsClose CommentsPermalink
(1) PROCLAMATION- Except as provided in paragraph (2), and subject to subsection (b) and the conditions described in sections 403 through 407 of this division, the President shall exercise the President’s authority under this title, and the President shall proclaim any duty-free treatment pursuant to that authority.CommentsClose CommentsPermalink
(2) WAIVER- The President may waive the application of this title if the President determines that providing such treatment is inconsistent with the national interests of the United States. In making such determination, the President shall consider--CommentsClose CommentsPermalink
(A) obligations of the United States under international agreements;CommentsClose CommentsPermalink
(B) the national economic interests of the United States; andCommentsClose CommentsPermalink
(C) the foreign policy interests of the United States, including the economic development of Afghanistan and the border region of Pakistan.CommentsClose CommentsPermalink
(b) Withdrawal, Suspension, or Limitation of Duty-Ffree Treatment- The President may withdraw, suspend, or limit the application of the duty-free treatment proclaimed under this title upon consideration of the factors set forth in section 403 (b) and (c) of this division, and section 502 (b) and (c) of the Trade Act of 1974 (
(c) Notice to Congress- The President shall advise Congress--CommentsClose CommentsPermalink
(1) of any action the President takes to waive, withdraw, suspend, or limit the application of duty-free treatment with respect to Reconstruction Opportunity Zones in Afghanistan or Pakistan or enterprises receiving benefits under section 404 or 405 of this division; andCommentsClose CommentsPermalink
(2) if either Afghanistan or Pakistan fails to adequately take the actions described in section 403 (b) and (c) of this division or section 502 (b) and (c) of the Trade Act of 1974 (
SEC. 410. TERMINATION OF BENEFITS.
Duty-free treatment provided under this title shall remain in effect through September 30, 2024.CommentsClose CommentsPermalink
SEC. 411. CUSTOMS USER FEES.
(a) In General- The Secretary of the Treasury shall increase the amount of fees charged and collected under section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (
(b) Minimum Amount- The amount of the increase in fees charged and collected under the authority of subsection (a)--CommentsClose CommentsPermalink
(1) shall not be less than $12,000,000 for the period beginning on the date of the enactment of this Act and ending at the close of September 30, 2014; andCommentsClose CommentsPermalink
(2) shall not be less than $105,000,000 for the period beginning on the date of the enactment of this Act and ending at the close of September 30, 2019.CommentsClose CommentsPermalink
(c) Rule of Construction- The amount of the increase in fees charged and collected under the authority of subsection (a) shall be in addition to the amount of fees that would otherwise be charged and collected under section 13031(a) of the Consolidated Omnibus Budget Reconciliation Act of 1985 (
(d) Termination of Authority- The authority provided under subsection (a) terminates at the close of the date on which the aggregate amount of the increase in fees charged and collected under the authority of subsection (a) equals $105,000,000.CommentsClose CommentsPermalink
Passed the House of Representatives June 110, 2009.CommentsClose CommentsPermalink
Attest:CommentsClose CommentsPermalink
Clerk. 111th CONGRESS 1st Session H. R. 2410 AN ACT
Clerk.CommentsClose CommentsPermalink
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