< Back to H.R. 2475 (111th Congress, 2009–2010)

Text of the Foreign Relations Authorization and Reform Act, Fiscal Years 2010 and 2011

This bill was introduced on May 19, 2009, in a previous session of Congress, but was not enacted. The text of the bill below is as of May 19, 2009 (Introduced).

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I

111th CONGRESS

1st Session

H. R. 2475

IN THE HOUSE OF REPRESENTATIVES

May 19, 2009

introduced the following bill; which was referred to the Committee on Foreign Affairs

A BILL

To authorize appropriations for the Department of State for fiscal years 2010 and 2011, to modernize the Foreign Service, and for other purposes.

1.

Short title

This Act may be cited as the Foreign Relations Authorization and Reform Act, Fiscal Years 2010 and 2011.

2.

Table of contents

The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

Sec. 3. Appropriate congressional committees defined.

Title I—Authorization of Appropriations

Sec. 101. Administration of Foreign Affairs.

Sec. 102. International organizations.

Sec. 103. International commissions.

Sec. 104. Migration and refugee assistance.

Sec. 105. Centers and foundations.

Title II—Department of State Authorities and Activities

Subtitle A—Basic Authorities and Activities

Sec. 201. International Litigation Fund.

Sec. 202. Actuarial valuations.

Sec. 203. Special agents.

Sec. 204. Diplomatic security program contracting.

Subtitle B—Public Diplomacy at the Department of State

Sec. 211. Special Olympics.

Sec. 212. Extension of program to provide grants to American-sponsored schools in predominantly Muslim countries to provide scholarships.

Sec. 213. United States-South Pacific Scholarship Program.

Sec. 214. United States-Caribbean Educational Exchange Program.

Sec. 215. Exchanges between Liberia and the United States for women legislators.

Sec. 216. Public diplomacy plan for Haiti.

Subtitle C—Consular Services and Related Matters

Sec. 231. Extension of authority to assess passport surcharge.

Sec. 232. English language and cultural awareness training for approved refugee applicants.

Sec. 233. Tibet.

Title III—Organization and Personnel Authorities

Sec. 301. Transatlantic diplomatic fellowship program.

Sec. 302. Security officers exchange program.

Sec. 303. Suspension of foreign service members without pay.

Sec. 304. Repeal of recertification requirement for Senior Foreign Service.

Sec. 305. Limited appointments in the Foreign Service.

Sec. 306. Compensatory time off for travel.

Sec. 307. Protection of intellectual property rights.

Sec. 308. Domestic partners as eligible family members.

Title IV—International Organizations

Sec. 401. Statement of policy regarding peacekeeping operations contributions.

Sec. 402. Enhancing nuclear safeguards.

Sec. 403. Durban Review Conference funding.

Sec. 404. Restrictions regarding Iran-led international organizations.

Sec. 405. United Nations Human Rights Council.

Sec. 406. United Nations Relief and Works Agency.

Sec. 407. United Nations Development Program ethics jurisdiction.

Sec. 408. Withholding of contributions to United Nations for legal fees of certain officers or employees.

Sec. 409. Review of activities of international commissions.

Title V—United States International Broadcasting

Sec. 501. Authorization of appropriations for international broadcasting.

Sec. 502. Personal services contracting program.

Sec. 503. Employment for international broadcasting.

Sec. 504. Domestic release of the Voice of America film entitled A Fateful Harvest.

Sec. 505. Establishing permanent authority for Radio Free Asia.

Title VI—United Nations Transparency, Accountability, and Reform Act of 2009

Sec. 601. Short title.

Sec. 602. Definitions.

Subtitle A—Funding of the United Nations

Sec. 611. Findings.

Sec. 612. Apportionment of the United Nations regular budget on a voluntary basis.

Sec. 613. Budget justification for United States contributions to the regular budget of the United Nations.

Subtitle B—Transparency and accountability for United States contributions to the United Nations

Sec. 621. Findings.

Sec. 622. Definitions.

Sec. 623. Establishment and management of the Office of the United States Inspector General for contributions to the United Nations System.

Sec. 624. Transparency for United States contributions.

Sec. 625. Authorization of appropriations.

Subtitle C—United States policy at the United Nations

Sec. 631. Annual publication.

Sec. 632. Annual financial disclosure.

Sec. 633. Policy with respect to expansion of the security council.

Sec. 634. Access to reports and audits.

Sec. 635. Waiver of immunity.

Sec. 636. Terrorism and the United Nations.

Sec. 637. Report on United Nations reform.

Sec. 638. Report on United Nations personnel.

Sec. 639. Withholding of United States contributions to UNRWA.

Sec. 640. United Nations treaty bodies.

Sec. 641. Equality at the United Nations.

Sec. 642. Anti-Semitism and the United Nations.

Sec. 643. Regional group inclusion of Israel.

Subtitle D—United Nations Human Rights Council

Sec. 651. Findings.

Sec. 652. Human Rights Council membership and funding.

Subtitle E—International Atomic Energy Agency

Sec. 661. International Atomic Energy Agency.

Sec. 662. Sense of Congress regarding the Nuclear Security Action Plan of the IAEA.

Subtitle F—Peacekeeping

Sec. 671. Reform of United Nations peacekeeping operations.

Sec. 672. Policy relating to reform of United Nations peacekeeping operations.

Sec. 673. Certification.

Title VII—Western Hemisphere Counterterrorism and Nonproliferation Act of 2009

Sec. 701. Short title; definitions.

Subtitle A—Counterterrorism in the Western Hemisphere

Sec. 711. Statement of policy regarding regional efforts to counter terrorism in the Western Hemisphere.

Sec. 712. Amendments to annual country reports on terrorism.

Sec. 713. Amendments to annual determination procedures.

Sec. 714. Amendment to international narcotics control strategy report.

Sec. 715. United States efforts in the Western Hemisphere.

Sec. 716. International Law Enforcement Academy in San Salvador, El Salvador.

Sec. 717. Actions regarding the Organization of American States.

Sec. 718. Amendment to Department of State Rewards Program.

Subtitle B—Nonproliferation of nuclear, chemical, and biological weapons in the Western Hemisphere

Sec. 721. Statement of policy regarding the proliferation of weapons-related nuclear, chemical, and biological materials, technology, and facilities.

Sec. 722. Statement of policy regarding the small quantities protocol.

Sec. 723. Securing adherence to agreements regarding nuclear nonproliferation by countries in the Western Hemisphere.

Sec. 724. Halting the proliferation of nuclear fuel fabrication.

Sec. 725. Cooperation with the Proliferation Security Initiative.

Sec. 726. Establishment of the Western Hemisphere Nonproliferation Partnership Initiative.

Sec. 727. Prohibited transactions.

Sec. 728. Restrictions on nuclear cooperation with countries assisting the nuclear program of Venezuela or Cuba.

Subtitle C—Western Hemisphere Regional Coordination Centers

Sec. 731. Establishment of the Western Hemisphere Regional Coordination Centers.

Sec. 732. Regional Security Initiative.

Sec. 733. Authorization of appropriations.

Subtitle D—Prohibitions on engagement with certain Western Hemisphere countries

Sec. 741. Prohibitions on engagement with certain Western Hemisphere countries.

Subtitle E—Report

Sec. 751. Report.

Title VIII—Export Control Reform and Security Assistance

Subtitle A—Defense Trade Controls Performance Improvement Act of 2009

Sec. 801. Short title.

Sec. 802. Findings.

Sec. 803. Strategic review and assessment of the United States export controls system.

Sec. 804. Performance goals for processing of applications for licenses to export items on United States Munitions List.

Sec. 805. Requirement to ensure adequate staff and resources for the Directorate of Defense Trade Controls of the Department of State.

Sec. 806. Audit by Inspector General of the Department of State.

Sec. 807. Increased flexibility for use of defense trade controls registration fees.

Sec. 808. Review of International Traffic in Arms Regulations and United States Munitions List.

Sec. 809. Special licensing authorization for certain exports to NATO member states, Australia, Japan, New Zealand, Israel, and South Korea.

Sec. 810. Availability of information on the status of license applications under chapter 3 of the Arms Export Control Act.

Sec. 811. Sense of Congress.

Sec. 812. Definitions.

Sec. 813. Authorization of appropriations.

Subtitle B—Provisions Relating to Export Licenses

Sec. 821. Availability to Congress of Presidential directives regarding United States arms export policies, practices, and regulations.

Sec. 822. Increase in value of defense articles and services for congressional review and expediting congressional review for Israel.

Sec. 823. Diplomatic efforts to strengthen national and international arms export controls.

Sec. 824. Reporting requirement for unlicensed exports.

Sec. 825. Report on value of major defense equipment and defense articles exported under section 38 of the Arms Export Control Act.

Sec. 826. Authority to remove satellites and related components from the United States Munitions List.

Sec. 827. Review and report of investigations of violations of section 3 of the Arms Export Control Act.

Sec. 828. Report on self-financing options for export licensing functions of DDTC of the Department of State.

Sec. 829. Clarification of certification requirement relating to Israel’s qualitative military edge.

Sec. 830. Expediting congressional defense export review period for Israel.

Sec. 831. Updating and conforming penalties for violations of sections 38 and 39 of the Arms Export Control Act.

Subtitle C—Miscellaneous provisions

Sec. 841. Authority to build the capacity of foreign military forces.

Sec. 842. Foreign Military Sales Stockpile Fund.

Sec. 843. Annual estimate and justification for Foreign Military Sales program.

Sec. 844. Report on United States commitments to the security of Israel.

Sec. 845. War Reserves Stockpile.

Sec. 846. Excess defense articles for Central and South European countries and certain other countries.

Title IX—Actions to Enhance the Merida Initiative

Sec. 901. Coordinator of United States Government activities to implement the Merida Initiative.

Sec. 902. Adding the Caribbean to the Merida Initiative.

Sec. 903. CARICOM country defined.

Sec. 904. Merida Initiative monitoring and evaluation mechanism.

Sec. 905. Merida Initiative defined.

Title X—Reporting Requirements

Sec. 1001. Report on United States capacities to prevent genocide and mass atrocities.

Sec. 1002. Reports relating to programs to encourage good governance.

Sec. 1003. Reports on Hong Kong.

Sec. 1004. Democracy in Georgia.

Sec. 1005. Diplomatic relations with Israel.

Sec. 1006. Police training report.

Sec. 1007. Review of security assistance for Egypt.

Sec. 1008. Review of security assistance for Yemen.

Sec. 1009. Review of security assistance for the Government of Lebanon.

Sec. 1010. Report on activities in Haiti.

Title XI—Miscellaneous Provisions

Sec. 1101. Assistance to support measures for the reunification of Cyprus.

Sec. 1102. Limitation on assistance to the Former Yugoslav Republic of Macedonia.

Sec. 1103. Statement of policy regarding the Ecumenical Patriarchate.

Sec. 1104. Freedom of the press.

Sec. 1105. Information for Country Commercial Guides on business and investment climates.

Sec. 1106. International Protecting Girls by Preventing Child Marriage.

Sec. 1107. Program to improve building construction and practices in Haiti.

Sec. 1108. Limitation on assistance to the Palestinian Authority.

Sec. 1109. Jordan civilian nuclear cooperation agreement.

Sec. 1110. United States contributions to the International Trust Fund for Demining and Mine Victims Assistance.

Sec. 1111. Transfer of liquidated assets of certain Enterprise Funds to legacy institutions.

Sec. 1112. Sense of Congress on restrictions on religious freedom in Vietnam.

Sec. 1113. Sense of Congress on Holocaust-era property restitution and compensation.

Title XII—Israel

Sec. 1201. Foreign Military Financing for Israel.

Sec. 1202. Support to Israel for missile defense.

Sec. 1203. United States-Israel civilian nuclear cooperation agreement.

Sec. 1204. United States support for Israel in the Organization for Economic Cooperation and Development.

Sec. 1205. Recognition of Jerusalem as the capital of the state of Israel and relocation of the United States Embassy to Jerusalem.

Title XIII—Iran Refined Petroleum Sanctions

Sec. 1301. Short title.

Sec. 1302. Amendments to the Iran Sanctions Act of 1996.

Title XIV—Limitation on Nuclear Cooperation with the United Arab Emirates

Sec. 1401. Short title.

Sec. 1402. Definitions.

Sec. 1403. Restriction on nuclear cooperation with the United Arab Emirates.

Title XV—Holocaust Insurance Accountability

Sec. 1601. Short title.

Sec. 1602. Validity of State laws.

Sec. 1603. Applicability.

Sec. 1604. Definitions.

Title XVI—Belarus Arms Transfers Accountability

Sec. 1701. Short title.

Sec. 1702. Sense of Congress.

Sec. 1703. Report.

Sec. 1704. State sponsor of terrorism defined.

Title XVII—Asia-Pacific Economic Cooperation Forum Engagement

Sec. 1801. Asia-Pacific Economic Cooperation.

3.

Appropriate congressional committees defined

Except as otherwise provided in this Act, 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.

I

Authorization of Appropriations

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:

(1)

Diplomatic and Consular Programs

(A)

Authorization of appropriations

For Diplomatic and Consular Programs $5,543,957,600 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(B)

Worldwide security protection

In addition to the amounts authorized to be appropriated by subparagraph (A), $1,361,978,171 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011 are authorized to be appropriated for worldwide security protection.

(C)

Public diplomacy

Of the amounts authorized to be appropriated under subparagraph (A), such sums as may be necessary for each of fiscal years 2010 and 2011 are authorized to be appropriated for pubic diplomacy.

(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.

(2)

Capital investment fund

For Capital Investment Fund, $73,627,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(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.

(4)

Educational and cultural exchange programs

(A)

Authorization of appropriations

For Educational and Cultural Exchange Programs, $557,906,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(B)

Tibetan scholarship program

Of the amounts authorized to be appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2010 and 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 (Public Law 104–319; 22 U.S.C. 2151 note).

(C)

Ngawang Choepel Exchange Programs

Of the amounts authorized to be appropriated under subsection (a), such sums as may be necessary for each of fiscal years 2010 and 2011 are authorized to be appropriated 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 (Public Law 104–319; 22 U.S.C. 2151 note).

(5)

Civilian Stabilization Initiative

For Civilian Stabilization Initiative, $46,665,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(6)

Representation allowances

For Representation Allowances, $8,175,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(7)

Protection of Foreign Missions and Officials

(A)

Authorization of appropriations

For Protection of Foreign Missions and Officials, $23,658,118 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(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 such sums as may be necessary for each of fiscal years 2010 and 2011 for Protection of Foreign Missions and Officials to be used 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.

(8)

Emergencies in the diplomatic and consular service

For Emergencies in the Diplomatic and Consular Service, $9,333,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(9)

Repatriation loans

For Repatriation Loans, $1,403,061 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(10)

Payment to the American institute in Taiwan

For Payment to the American Institute in Taiwan, $17,463,080 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(11)

Office of the inspector general

(A)

Authorization of appropriations

For Office of the Inspector General, $101,201,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(B)

Special Inspector General for Iraq Reconstruction

Of the amounts authorized to be appropriated under subparagraph (A), such sums as may be necessary authorized to be for the Special Inspector General for Iraq Reconstruction.

(C)

Special Inspector General for Afghanistan Reconstruction

Of the amounts authorized to be appropriated under subparagraph (A), such sums as may be necessary authorized to be for the Special Inspector General for Afghanistan Reconstruction.

102.

International organizations

(a)

Assessed contributions to international organizations

There are authorized to be appropriated for Contributions to International Organizations, $1,604,400,000 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.

(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.

(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.

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:

(1)

International boundary and water commission, United States and Mexico

For International Boundary and Water Commission, United States and Mexico

(A)

for Salaries and Expenses, $32,256,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011; and

(B)

for Construction, $43,250,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(2)

International boundary commission, United States and Canada

For International Boundary Commission, United States and Canada, $1,970,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(3)

International joint commission

For International Joint Commission, $7,559,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(4)

International fisheries commissions

For International Fisheries Commissions, $29,925,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

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.

(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.

105.

Centers and foundations

(a)

Asia Foundation

There are authorized to be appropriated for The Asia Foundation for authorized activities, $16,592,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(b)

National Endowment for Democracy

There are authorized to be appropriated for the National Endowment for Democracy for authorized activities, $115,000,000 for fiscal year 2010, and such sums as may be necessary for fiscal year 2011.

(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.

II

Department of State Authorities and Activities

A

Basic Authorities and Activities

201.

International Litigation Fund

Section 38(d)(3) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2710(d)(3)) is amended by striking by the Department of State from another agency of the United States Government or pursuant to and inserting by the Department of State as a result of a decision of an international tribunal, from another agency of the United States Government, or pursuant to.

202.

Actuarial valuations

The Foreign Service Act of 1980 is amended—

(1)

in section 818 (22 U.S.C. 4058)—

(A)

in the first sentence, by striking Secretary of the Treasury and inserting instead Secretary of State; and

(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.;

(2)

in section 819 (22 U.S.C. 4059), in the first sentence, by striking Secretary of the Treasury the second place it appears and inserting Secretary of State;

(3)

in section 825(b) (22 U.S.C. 4065(b)), by striking Secretary of the Treasury and inserting instead Secretary of State; and

(4)

section 859(c) (22 U.S.C. 4071h(c))—

(A)

by striking Secretary of the Treasury and inserting instead Secretary of State; and

(B)

by striking and shall advise the Secretary of State of and inserting instead that will provide.

203.

Special agents

(a)

In general

Paragraph (1) of section 37(a) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2709(a)) is amended to read as follows:

(1)

conduct investigations concerning—

(A)

illegal passport or visa issuance or use;

(B)

identity theft or document fraud affecting or relating to the programs, functions, and authorities of the Department of State; and

(C)

Federal offenses committed within the special maritime and territorial jurisdiction of the United States as defined in paragraph (9) of section 7 of title 18, United States Code, except as that jurisdiction relates to the premises of United States military missions and related residences;

.

(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.

204.

Diplomatic security program contracting

Section 136 of the Foreign Relations Authorization Act, Fiscal Years 1990 and 1991 (22 U.S.C. 4864) is amended—

(1)

in subsection (c)—

(A)

in the matter preceding paragraph (1), by striking With respect and inserting Except as provided in subsection (d), with respect; and

(B)

in paragraph (3), by striking subsection (d) and inserting subsection (e);

(2)

by redesignating subsections (d), (e), (f), and (g) as subsections (e), (f), (g), and (h), respectively;

(3)

by inserting after subsection (c) the following new subsection:

(d)

Award of local guard and protective service contracts in high risk areas

With respect to local guard contracts for Foreign Service buildings located in high risk areas which exceed $250,000 and were or are entered into after September 1, 2008, the Secretary of State shall—

(1)

comply with paragraphs (1) through (6) of subsection (c) in the award of such contracts;

(2)

in evaluating proposals for such contracts, award contracts to the firm representing the best value to the Government in accordance with the best value tradeoff process described in subpart 15.1 of the Federal Acquisition Regulation (48 C.F.R. 15.101–1);

(3)

ensure that in all contracts awarded under this subsection, contractor personnel providing local guard or protective services are classified as—

(A)

employees of the offeror;

(B)

if the offeror is a joint venture, as the employees of one of the persons or parties constituting the joint venture; or

(C)

as employees of a subcontractor to the offeror, and not as independent contractors to the offeror or any other entity performing under such contracts.

; and

(4)

in subsection (e), as redesignated by paragraph (2) of this section—

(A)

in paragraph (3), by striking and at the end;

(B)

in paragraph (4), by striking the period at the end and inserting ; and; and

(C)

by adding after paragraph (4) the following new paragraph:

(5)

the term high risk areas means—

(A)

an area designated as a contingency operation in accordance with section 101(a)(13) of title 10, United States Code; or

(B)

an area determined by the Assistance Secretary of Diplomatic Security to present an increased threat of serious damage or harm to United States diplomatic facilities or personnel.

.

B

Public Diplomacy at the Department of State

211.

Special Olympics

(a)

Findings

Congress finds the following:

(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.

(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.

(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.

(b)

Administration of program

Section 3(b) of the Special Olympics Sport and Empowerment Act of 2004 (Public Law 108–406) is amended, in the matter preceding paragraph (1) by striking Secretary of State and inserting Secretary of State, acting through the Assistant Secretary of State for Educational and Cultural Affairs.

212.

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 (Public Law 108–458; 22 U.S.C. 2452c) is amended—

(1)

in subsection (g)—

(A)

by striking Committee on International Relations and inserting Committee on Foreign Affairs; and

(B)

by striking April 15, 2006, and April 15, 2008 and inserting June 15, 2010, and June 15, 2011; and

(2)

in subsection (h), by striking 2007 and 2008 and inserting 2010 and 2011.

213.

United States-South Pacific Scholarship Program

(a)

Findings

Congress finds the following:

(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.

(2)

It is expected that these students will one day assume leadership roles in their countries.

(3)

As the Chairman of the Subcommittee on Territories and Insular Affairs, the late Congressman Phillip Burton was a voice for Pacific Island populations.

(4)

He was also a voice for workers, the poor, and the elderly.

(5)

Congressman Burton was one of the most brilliant and productive legislators in United States politics.

(6)

He served in Congress from 1964 to 1983.

(7)

He worked every day of his life to ensure social justice and human dignity for all people.

(b)

Sense of Congress

It is the sense of Congress that—

(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; and

(2)

the United States-South Pacific Scholarship Program should be renamed the Phillip Burton Scholarship Program for South Pacific Island Students.

(c)

Funding

(1)

In general

Of the amounts authorized to be appropriated pursuant to section 101(4), such sums as may be necessary are authorized to be appropriated for each of fiscal years 2010 and 2011 to be made available for the United States-South Pacific Scholarship Program.

(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.

214.

United States-Caribbean Educational Exchange Program

(a)

Definitions

In this section:

(1)

Appropriate congressional committees

The term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B)

the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(2)

CARICOM country

The term CARICOM country means a country that has been a full member country of the Caribbean Community (CARICOM) for at least five years or the Dominican Republic, but does not include—

(A)

a country having observer or associate status in CARICOM;

(B)

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; or

(C)

a country that fails to adhere to human rights standards pursuant to sections 116 and 502B(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304).

(3)

Secretary

Except as otherwise provided, the term Secretary means the Secretary of State.

(4)

United States cooperating agency

The term United States cooperating agency means—

(A)

an institution of higher education (as such term is defined in section 101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a))), including, to the maximum extent practicable, a historically Black college or university that is a part B institution (as such term is defined in section 322(2) of such Act (20 U.S.C. 1061(2))) or a Hispanic-serving institution (as such term is defined in section 502(5) of such Act (20 U.S.C. 1101a(5)));

(B)

a higher education association;

(C)

a nongovernmental organization incorporated in the United States; or

(D)

a consortium consisting of two or more such institutions, associations, or nongovernmental organizations.

(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—

(1)

secondary school students from CARICOM countries will—

(A)

attend a public or private secondary school in the United States; and

(B)

participate in activities designed to promote a greater understanding of the values and culture of the United States; and

(2)

undergraduate students, graduate students, post-graduate students, and scholars from CARICOM countries will—

(A)

attend a public or private college or university, including a community college, in the United States; and

(B)

participate in activities designed to promote a greater understanding of the values and culture of the United States.

(c)

Elements of program

The program authorized under subsection (b) shall meet the following requirements:

(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.

(2)

The program will seek to achieve gender equality in granting scholarships under the program.

(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.

(4)

The program will limit participation to—

(A)

one year of study for secondary school students;

(B)

two years of study for undergraduate students; and

(C)

12 months of study for graduate students, post-graduate students, and scholars.

(5)

For a period of time equal to the period of time of participation in the program, but not to exceed two years, the program will require participants who are students and scholars described in subsection (a)(2) to—

(A)

agree to return to live in a CARICOM country and maintain residence in such country, within six months of completion of academic studies; or

(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.

(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.

(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).

(e)

Monitoring and evaluation of program

(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.

(2)

Requirements

In carrying out paragraph (1), the Secretary shall review on a regular basis—

(A)

financial information relating to the program;

(B)

budget plans for the program;

(C)

adjustments to plans established for the program;

(D)

graduation rates of participants in the program;

(E)

the percentage of participants who are students described in subsection (b)(1) who pursue higher education;

(F)

the percentage of participants who return to their home country or another CARICOM country;

(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; and

(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).

(f)

Reporting requirements

(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.

(2)

Matters to be included

The report required by paragraph (1) shall include—

(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;

(B)

a timeline for selecting United States cooperating agencies that will assist in implementing the program;

(C)

a financial plan that—

(i)

identifies budget plans for each educational level under the program; and

(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; and

(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.

(3)

Updates of report

(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).

(B)

Matters to be included

Such updates shall include the following:

(i)

Information on United States cooperating agencies that are selected to assist in implementing the programs authorized under this section.

(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.

(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.

215.

Exchanges between Liberia and the United States for women legislators

(a)

Purpose

It is the purpose of this section to provide financial assistance to—

(1)

establish an exchange program for Liberian women legislators and women staff members of the Liberian Congress;

(2)

expand Liberian participation in exchange programs of the Department of State; and

(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.

(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.

(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.

216.

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—

(1)

TPS only permits people already in the United States as of a specifically designated date to remain in the United States;

(2)

there are extraordinary dangers of travel by sea to the United States in unsafe, overcrowded vessels;

(3)

any Haitian interdicted at sea traveling to the United States will be repatriated to Haiti; and

(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.

C

Consular Services and Related Matters

231.

Extension of authority to assess passport surcharge

Section 1 of the Passport Act of June 4, 1920 (22 U.S.C. 214), is amended in subsection (b)(2) by striking 2010 and inserting 2015.

232.

English language and cultural awareness training for approved refugee applicants

(a)

In general

The Secretary of State should establish formal training programs in five overseas refugee processing regions to provide English as a second language, cultural orientation, and work orientation training for refugees who have been approved for admission to the United States before their departure for the United States.

(b)

Design and implementation

In designing and implementing the training programs referred to in subsection (a), the Secretary should ensure that nongovernmental organizations with direct ties to the United States refugee resettlement program are utilized in such training programs.

(c)

Impact on processing times

The Secretary should 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.

(d)

Timeline for implementation and report to Congress

(1)

Timeline for implementation

It is the sense of Congress that not later than one year after the date of the enactment of this Act, such training programs should be operating in at least one overseas refugee processing region, and not later than two years after the date of the enactment of this Act, such training programs should be operating in each of the five overseas refugee processing regions.

(2)

Report to Congress

Not later than 18 months after the date of the enactment of this Act, the Secretary shall submit to the appropriate congressional committees a report on the implementation of this section.

(e)

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.

233.

Tibet

(a)

Tibet negotiations

Section 613(a) of the Tibetan Policy Act of 2002 (Public Law 107–228; 22 U.S.C. 6901 note) is amended—

(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;

(2)

by redesignating paragraph (2) as paragraph (3); and

(3)

by inserting after paragraph (1) the following new paragraph:

(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.

.

(b)

Bilateral assistance

Section 616 of the Tibetan Policy Act of 2002 is amended—

(1)

by redesignating subsection (d) as subsection (e); and

(2)

by inserting after subsection (c) the following new subsection:

(d)

United States 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).

.

(c)

Special Coordinator for Tibetan Issues

Section 621 of the Tibetan Policy Act of 2002 is amended—

(1)

in subsection (d)—

(A)

in paragraph (5), by striking and at the end;

(B)

by redesignating paragraph (6) as paragraph (7); and

(C)

by inserting after paragraph (5) the following new paragraph:

(6)

review and approve all projects carried out pursuant to section 616(d);

.

(2)

by adding at the end the following new subsection:

(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)(2).

.

(d)

Diplomatic representation relating to Tibet

(1)

United States Embassy in Beijing

(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.

(B)

Authorization of appropriations

Of the amounts authorized to be appropriated under section 101(a), 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.

(2)

In Tibet

Section 618 of the Tibetan Policy Act of 2002 is amended to read as follows:

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.

.

(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.

III

Organization and Personnel Authorities

301.

Transatlantic diplomatic fellowship program

(a)

Fellowship authorized

Chapter 5 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended by adding at the end the following new section:

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 one year, to a position with any designated country or designated entity that permits an employee to be assigned to a position with the Department.

(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.

(c)

Definitions

In this section:

(1)

The term designated country means a member country of—

(A)

the North Atlantic Treaty Organization; or

(B)

the European Union.

(2)

The term designated entity means—

(A)

the North Atlantic Treaty Organization; or

(B)

the European Union.

(d)

Rule of construction

Nothing in this section shall be construed to—

(1)

authorize the appointment as an officer or employee of the United States of—

(A)

an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; or

(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; or

(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.

.

(b)

Technical and conforming amendments

The Foreign Service Act of 1980 is amended—

(1)

in section 503 (22 U.S.C. 3983)—

(A)

in the section heading, by striking AND and inserting FOREIGN GOVERNMENTS, OR; and

(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; and

(2)

in section 2, in the table of contents—

(A)

by striking the item relating to section 503 and inserting the following new item:

Sec. 503. Assignments to agencies, international organizations, foreign governments, or other bodies.

;

and
(B)

by adding after the item relating to section 505 the following new item:

Sec. 506. Transatlantic diplomatic fellowship program.

.

302.

Security officers exchange program

(a)

In general

Chapter 5 of title I of the Foreign Service Act of 1980 (22 U.S.C. 3981 et seq.) is amended by adding after section 506 (as added by section 311 of this Act) the following new section:

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 three 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.

(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.

(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.

(d)

Rule of construction

Nothing in this section shall be construed to—

(1)

authorize the appointment as an officer or employee of the United States of—

(A)

an individual whose allegiance is to any country, government, or foreign or international entity other than to the United States; or

(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; or

(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.

.

(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 311(b)(2) of this Act) the following new item:

Sec. 507. Security officers exchange program.

.

303.

Suspension of foreign service members without pay

(a)

Suspension

Section 610 of the Foreign Service Act of 1980 (22 U.S.C. 4010) is amended by adding at the end the following new subsection:

(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.

(2)

Any member of the Foreign Service for whom a suspension is proposed shall be entitled to—

(A)

written notice stating the specific reasons for the proposed suspension;

(B)

a reasonable time to respond orally and in writing to the proposed suspension;

(C)

representation by an attorney or other representative; and

(D)

a final written decision, including the specific reasons for such decision, as soon as practicable.

(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.

(4)

In the case of a grievance filed under paragraph (3)—

(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; and

(B)

the Foreign Service Grievance Board may not exercise the authority provided under section 1106(8).

(5)

In this subsection:

(A)

The term reasonable time means—

(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; and

(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.

(B)

The term suspend or suspension means the placing of a member of the Foreign Service in a temporary status without duties and pay.

.

(b)

Conforming and clerical amendments

(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.

(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:

Sec. 610. Separation for cause; suspension.

.

304.

Repeal of recertification requirement for Senior Foreign Service

Section 305(d) of the Foreign Service Act of 1980 (22 U.S.C. 3945(d)) is hereby repealed.

305.

Limited appointments in the Foreign Service

Section 309 of the Foreign Service Act of 1980 (22 U.S.C. 3949), is amended—

(1)

in subsection (a), by striking subsection (b) and inserting subsections (b) or (c);

(2)

in subsection (b)—

(A)

in paragraph (3)—

(i)

by inserting (A), after if; and

(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 (38 U.S.C. 4301 et seq.), and the limited appointment expires in the course of such service;

(B)

in paragraph (4), by striking and at the end;

(C)

in paragraph (5), by striking the period at the end and inserting ; and; and

(D)

by adding after paragraph (5) the following new paragraph:

(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.

; and

(3)

by adding at the end the following new subsection:

(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 one year break in service between each appointment. The Secretary may in cases of special need waive the requirement for a one year break in service.

.

306.

Compensatory time off for travel

Section 5550b of title 5, United States Code, is amended by adding at the end the following new subsection:

(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).

.

307.

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 (19 U.S.C. 2242(a)(1)) to ensure—

(1)

support for enforcement action against violations of the intellectual property rights of United States persons in such country; and

(2)

cooperation with the host government 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.

(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 attachés 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 attachés from any department or agency of the United States at United States embassies or other diplomatic missions.

(c)

Priority Assignments

(1)

In general

Subject to paragraph (2), in designating the embassies or other missions to which attachés are assigned under subsection (b), the Secretary of State shall give priority to those countries where the activities of an attaché 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.

(2)

Assignments to priority countries

In carrying out paragraph (1), the Secretary of State shall consider assigning intellectual property attachés—

(A)

to the countries that have been identified under section 182(a)(1) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1)); and

(B)

to the country where the Organization for Economic Cooperation and Development has its headquarters.

(d)

Duties and responsibilities of intellectual property attachés

The intellectual property attachés appointed under subsection (b), as well as others serving as intellectual property attachés of any other department or agency of the United States, shall have the following responsibilities:

(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.

(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.

(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.

(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.

(5)

As appropriate and in accordance with applicable laws and the diplomatic status of the attachés, to engage in public education efforts against counterfeiting and piracy in the host country.

(6)

To coordinate 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.

(7)

To identify and promote other means to more effectively combat counterfeiting and piracy activities under the jurisdiction of the host country.

(e)

Training

The Secretary of State shall ensure that each attaché 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.

(f)

Coordination

The activities of intellectual property attachés 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 (15 U.S.C. 8111).

(g)

Report to Congress

(1)

In general

The Secretary of State shall submit to the Congress, not later than December 31 of each year, a report on the appointment, designation for assignment, and activities of all intellectual property attachés of any Federal department or agency who are serving at United States embassies or other diplomatic missions.

(2)

Contents

Each report under paragraph (1) shall include the following:

(A)

A description of the progress, or lack thereof, in the preceding year regarding the resolution of general and specific intellectual property disputes in each country identified under section 182(a)(1) of the Trade Act of 1974 (19 U.S.C. 2242(a)(1)), including any changes by the host government in applicable laws and regulations and their enforcement.

(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.

(C)

An assessment of the adequacy of the resources of the Department of State employed to carry out subparagraphs (A) and (B) and, if necessary, an assessment of the need for additional resources for such purposes.

(h)

Definitions

In this section:

(1)

Counterfeiting; counterfeit goods

(A)

Counterfeiting

The term counterfeiting means activities related to production of or trafficking in 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.

(B)

Counterfeit goods

The term counterfeit goods means those goods described in subparagraph (A).

(2)

Intellectual property rights

The term intellectual property rights means the rights of holders of copyrights, patents, trademarks, other forms of intellectual property, and trade secrets.

(3)

Piracy; pirated goods

(A)

Piracy

The term piracy means activities related to production of or trafficking in unauthorized copies or phonorecords of works protected under copyright law or related legislation.

(B)

Pirated goods

The term pirated goods means those copies or phonorecords described in subparagraph (A).

(4)

United States person

The term United States person means—

(A)

any United States resident or national,

(B)

any corporation, partnership, other business entity, or other organization, that is organized under the laws of the United States, and

(C)

any foreign subsidiary or affiliate (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,

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).
(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 attachés appointed under subsection (b) and of other personnel serving as intellectual property attachés of any other department or agency of the United States.

308.

Domestic partners as eligible family members

It should be the policy of the United States to amend or promulgate the personnel regulations necessary to ensure that same-sex domestic partners of United States Foreign Service Officers are provided with the same benefits, protections, and services currently provided to Eligible Family Members under the Foreign Affairs Manual, including inclusion in travel orders, and access to training, emergency and medical evacuations, post health units, visa support, and preferential status for employment at post.

IV

International Organizations

401.

Statement of policy regarding peacekeeping operations contributions

It remains the policy of the United States, pursuant to section 404(b)(2)(B) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 22 U.S.C. 287e note) that United States assessed contributions for a United Nations peacekeeping operation shall not exceed 25 percent of the total of all assessed contributions for such operation.

402.

Enhancing nuclear safeguards

(a)

Findings

Congress makes the following findings:

(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.

(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 (22 U.S.C. 3201 et seq.).

(3)

According to some experts, global energy demand will grow by 50 percent in the next 20 years, predominantly in the developing world.

(4)

The Government Accountability Office (GAO) stated in testimony before Congress in 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.

(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.

(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.

(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.

(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.

(c)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the refurbishment or possible replacement of the IAEA’s Safeguards Analytical Laboratory pursuant to subsection (b).

403.

Durban Review Conference funding

None of the funds authorized to be appropriated by this Act may be used by the Secretary of State as a contribution for any part of the Durban Review Conference or its preparatory or follow-on activities.

404.

Restrictions regarding Iran-led international organizations

None of the funds authorized to be appropriated by this Act may be used by the Secretary of State as a contribution for any organization, agency, or program within the United Nations system in which Iran holds a position of leadership.

405.

United Nations Human Rights Council

None of the funds authorized to be appropriated by this Act may be used by the Secretary of State as a contribution for the United Nations Human Rights Council.

406.

United Nations Relief and Works Agency

None of the funds authorized to be appropriated by this Act may be used by the Secretary of State as a contribution for the United Nations Relief and Works Agency.

407.

United Nations Development Program ethics jurisdiction

The Secretary of State shall withhold 10 percent from the United States voluntary contribution for fiscal year 2010 to the United Nations Development Program until the Secretary of State certifies to the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives and the Committee on Foreign Relations and the Committee on Appropriations of the Senate that the United Nations Development Program has acceded to the jurisdiction of the United Nations Ethics Office.

408.

Withholding of contributions to United Nations for legal fees of certain officers or employees

The United States may not contribute to the United Nations any funds to be used to pay or reimburse legal expenses incurred by current or former United Nations officers or employees in connection with proceedings arising out of alleged malfeasance in connection with the employment of such officers or employees with the United Nations. The President shall ensure that no United States contributions to the United Nations are used for such purposes, including, where necessary, by withholding from United States contributions to the regularly assessed biennial budget of the United Nations amounts equal to any amounts so paid or reimbursed.

409.

Review of activities of international commissions

(a)

In general

Not later than one year after the date of the enactment of this Act, and two years thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the activities of each of the international commissions specified in section 103.

(b)

Report elements

The reports required under subsection (a) shall include information on the following:

(1)

Amounts obligated and expended during the two previous fiscal years by each of such commissions.

(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.

(3)

Projects anticipated during the next two fiscal years relating 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.

(c)

Submission of reports

The reports required under subsection (a) may be combined with the annual budget justification submitted by the President in accordance with section 1105(a) of title 31, United States Code.

V

United States International Broadcasting

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:

(1)

For International Broadcasting Operations, $730,241,919 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.

(2)

For Broadcasting Capital Improvements, $11,713,952 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.

(3)

For Broadcasting to Cuba, $32,500,000 for fiscal year 2010 and such sums as may be necessary for fiscal year 2011.

502.

Personal services contracting program

Section 504(c) of the Foreign Relations Authorization Act, Fiscal Year 2003, (Public Law 107–228; 22 U.S.C. 6206 note), is amended by striking 2009 and inserting 2011.

503.

Employment for international broadcasting

Section 804(1) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1474(1)) is amended by inserting after suitably qualified United States citizens the following: (for purposes of this paragraph, the term suitably qualified United States citizens means those United States citizen applicants who are equally or better qualified than non-United States citizen applicants).

504.

Domestic release of the Voice of America film entitled A Fateful Harvest

(a)

In general

Notwithstanding section 208 of the Foreign Relations Authorization Act, Fiscal Years 1986 and 1987 (22 U.S.C. 1461–1a) and section 501(b) of the United States Information and Educational Exchange Act of 1948 (22 U.S.C. 1461(b)), the Director of the International Broadcasting Bureau shall provide a master copy of the film entitled A Fateful Harvest to the Archivist of the United States for domestic release in accordance with subsection (b).

(b)

Domestic release

Upon evidence that 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—

(1)

deposit the film in the National Archives of the United States; and

(2)

make copies of the film available for purchase and public viewing within the United States.

505.

Establishing permanent authority for Radio Free Asia

Section 309 of the United States International Broadcasting Act of 1994 (22 U.S.C. 6208) is amended—

(1)

in subsection (c)(2), by striking , and shall further specify that funds to carry out the activities of Radio Free Asia may not be available after September 30, 2010;

(2)

by striking subsection (f); and

(3)

by redesignating subsections (g) and (h) as subsection (f) and (g), respectively.

VI

United Nations Transparency, Accountability, and Reform Act of 2009

601.

Short title

This title may be cited as the United Nations Transparency, Accountability, and Reform Act of 2009.

602.

Definitions

In this title :

(1)

Employee

The term employee means an individual who is employed in the general services, professional staff, or senior management of the United Nations, including consultants, contractors and subcontractors.

(2)

General Assembly

The term General Assembly means the General Assembly of the United Nations.

(3)

Member State

The term Member State means a Member State of the United Nations. Such term is synonymous with the term country.

(4)

Secretary

The term Secretary means the Secretary of State.

(5)

Secretary General

The term Secretary General means the Secretary General of the United Nations.

(6)

Security Council

The term Security Council means the Security Council of the United Nations.

(7)

UN

The term UN means the United Nations.

(8)

Appropriate congressional committees

The term appropriate congressional committees means—

(A)

the Committees on Foreign Affairs, Appropriations, and Oversight and Government Reform of the House; and

(B)

the Committees on Foreign Relations, Appropriations, and Homeland Security and Governmental Affairs of the Senate.

A

Funding of the United Nations

611.

Findings

Congress finds the following:

(1)

The United States pays billions of dollars into the United Nations system every year (over 5,300,000,000 dollars in 2005, according to the White House Office of Management and Budget), significantly more than any other country.

(2)

Under current rules and contribution levels, it is possible to assemble the two-thirds majority needed for important United Nations budget votes with a group of countries that, taken together, pay less than 1 percent of the total United Nations regular budget.

(3)

The disconnect between contribution levels and management control creates significant perverse incentives in terms of United Nations spending, transparency, and accountability.

(4)

The United Nations system suffers from unacceptably high levels of waste, fraud, and abuse, which seriously impair its ability to fulfill the lofty ideals of its founding.

(5)

Amidst the continuing financial, corruption, and sexual abuse scandals of the past several years, American public disapproval of United Nations has reached all-time highs. A 2008 Gallup poll revealed that 65 percent of Americans believe that the United Nations is doing a poor job, a negative assessment shared by a majority of respondents from both political parties. Research polling by another firm in late 2006 found that 71 percent of Americans think that the United Nations is no longer effective and needs to be significantly reformed, while 75 percent think that the United Nations needs to be held more accountable.

(6)

Significant improvements in United Nations transparency and accountability are necessary for improving public perceptions of and American support for United Nations operations.

(7)

Because of their need to justify future contributions from donors, voluntarily funded organizations have more incentive to be responsive and efficient in their operations than organizations funded by compulsory contributions that are not tied to performance.

(8)

Article XVII of the Charter of the United Nations, which states that [t]he expenses of the Organization shall be borne by the Members as apportioned by the General Assembly, leaves to the discretion of the General Assembly the basis of apportionment, which could be done on the basis of voluntary pledges by Member States.

(9)

Unlike United States assessed contributions to the United Nations regular budget, which are statutorily capped at 22 percent of the total, there is no cap on voluntary contributions.

(10)

The United States, which contributes generously to international organizations whose activities it recognizes as credible, worthwhile, and efficient, contributes more than 22 percent of the budget of certain voluntarily funded United Nations Specialized Agencies.

612.

Apportionment of the United Nations regular budget on a voluntary basis

(a)

United States policy

(1)

Shifting of funding

It is the policy of the United States to seek to shift the funding mechanism for the regular budget of the United Nations from an assessed to a voluntary basis.

(2)

Direction

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to shift the funding mechanism for the regular budget of the United Nations to a voluntary basis, and to make it a priority to build support for such a transformational change among Member States, particularly key United Nations donors.

(b)

Certification of predominantly voluntary UN regular budget finding

A certification described in this section is a certification by the Secretary of State to the Appropriate Congressional Committees that at least 80 percent of the total regular budget of the United Nations is apportioned on a voluntary basis. Each such certification shall be shall be effective for a period of no more than 1 year, and shall be promptly revoked by the Secretary, with notice to the Appropriate Congressional Committees, if the underlying circumstances change so as not to warrant such certification.

(c)

Withholding of nonvoluntary contributions

(1)

In general

Beginning two years after the effective date of this Act and notwithstanding any other provision of law, no funds may be obligated or expended for a United States assessed contribution to the regular budget of the United Nations in an amount greater than 50 percent of the United States share of assessed contributions for the regular budget of the United Nations unless there is in effect a certification by the Secretary, as described in subsection (b).

(2)

Release

For a period of three years after appropriation, funds appropriated for use as a United States contribution to the regular budget of the United Nations but withheld from obligation and expenditure pursuant to paragraph (1) may be obligated and expended for that purpose upon the certification described in subsection (b). After three years, in the absence of such certification, those funds shall revert to the United States Treasury.

613.

Budget justification for United States contributions to the regular budget of the United Nations

(a)

Detailed itemization

The annual congressional budget justification shall include a detailed itemized request in support of the contribution of the United States to the regular budget of the United Nations.

(b)

Contents of detailed itemization

The detailed itemization required under subsection (a) shall—

(1)

contain information relating to the amounts requested in support of each of the various sections and titles of the regular budget of the United Nations; and

(2)

compare the amounts requested for the current year with the actual or estimated amounts contributed by the United States in previous fiscal years for the same sections and titles.

(c)

Adjustments and notification

If the United Nations proposes an adjustment to its regular assessed budget, the Secretary of State shall, at the time such adjustment is presented to the Advisory Committee on Administrative and Budgetary Questions (ACABQ), notify and consult with the appropriate congressional committees.

B

Transparency and accountability for United States contributions to the United Nations

621.

Findings

Congress finds the following:

(1)

As underscored by continuing revelations of waste, fraud, and abuse, oversight and accountability mechanisms within the United Nations system remain significantly deficient, despite decades of reform attempts, including those initiated by Secretaries General of the United Nations.

(2)

Notwithstanding the personal intentions of any Secretary General of the United Nations to promote institutional transparency and accountability within the United Nations System, the Secretary General lacks the power to impose far reaching management reforms without the concurrence of the General Assembly.

(3)

Groupings of Member States whose voting power in the General Assembly significantly outpaces their proportional contributions to the United Nations system have repeatedly and successfully defeated, delayed, and diluted various reform proposals that would have enabled more detailed oversight and scrutiny of United Nations system operations and expenditures.

(4)

To an unacceptable degree, major donor states, including the United States, lack access to reasonably detailed, reliable information that would allow them to determine how their contributions have been spent by various United Nations system entities, further contributing to the lack of accountability within the United Nations system.

622.

Definitions

In this title:

(1)

United Nations Entity

The term United Nations Entity means any United Nations agency, commission, conference, council, court, department, forum, fund, institute, office, organization, partnership, program, subsidiary body, tribunal, trust, university or academic body, related organization or subsidiary body, wherever located, that flies the United Nations flag or is authorized to use the United Nations logo, including but not limited to those United Nations affiliated agencies and bodies identified as recipients of United States contributions under section 1225(b)(3)(E) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364).

(2)

United Nations System

The term United Nations System means the aggregation of all United Nations Entities, as defined in paragraph (1).

(3)

United States Contribution

The term United States Contribution means an assessed or voluntary contribution, whether financial, in-kind, or otherwise, from the United States Federal Government to a United Nations Entity, including contributions passed through other entities for ultimate use by a United Nations Entity. United States Contributions include, but are not limited to, those contributions identified pursuant to section 1225(b)(3)(E) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364).

(4)

Transparency Certification

The term Transparency Certification means an annual, written affirmation by the head or authorized designee of a United Nations Entity that the Entity will cooperate with the Inspector General, including by providing the Inspector General, upon request, with full access to Oversight Information as defined in this title.

(5)

Oversight Information

The term Oversight Information includes—

(A)

internally and externally commissioned audits, program reviews, performance reports, and evaluations;

(B)

financial statements, records, and billing systems;

(C)

program budgets and program budget implications, including revised estimates and reports produced by or provided to the Secretary General and the Secretary General’s agents on budget related matters;

(D)

operational plans, budgets, and budgetary analyses for peacekeeping operations;

(E)

analyses and reports regarding the scale of assessments;

(F)

databases and other data systems containing financial or programmatic information;

(G)

documents or other records alleging or involving improper use of resources, misconduct, mismanagement, or other violations of rules and regulations applicable to the United Nations Entity; and

(H)

other documentation relevant to the audit and investigative work of the United States Inspector General for Contributions to the United Nations System.

623.

Establishment and management of the Office of the United States Inspector General for contributions to the United Nations System

(a)

Purpose

The purpose of this section is to make possible the independent and objective conduct of audits and investigations relating to United States Contributions to the United Nations System and the use of those contributions by United Nations Entities, in an effort to eliminate and deter waste, fraud, and abuse in the use of those contributions, and thereby to contribute to the development of greater transparency, accountability, and internal controls throughout the United Nations System.

(b)

Establishment

There is hereby established the Office of the United States Inspector General for Contributions to the United Nations System.

(c)

Inspector General

(1)

Appointment

The head of the Office of the United States Inspector General for Contributions to the United Nations System is the Inspector General for Contributions to the United Nations System, who shall be appointed by the President, by and with the advice and consent of the Senate, on the basis of integrity and demonstrated ability in accounting, auditing, financial analysis, law, management analysis, public administration, or investigations.

(2)

Nomination

The nomination of an individual as Inspector General shall be made not later than 30 days after the enactment of this Act.

(3)

Removal

The Inspector General may be removed from office by the President. The President shall communicate the reasons for any such removal to both Houses of Congress.

(4)

Compensation

The annual rate of basic pay of the Inspector General shall be the annual rate of basic pay provided for positions at level IV of the Executive Schedule under section 5315 of title 5, United States Code.

(5)

Relationship to Board

(A)

Except as provided in subparagraph (B), the Inspector General shall report directly to and be under the general supervision of, the Board of Directors created in subsection (d).

(B)

Neither the Board, any officer of the Board, nor any officer of a federal department or agency shall prevent or prohibit the Inspector General from initiating, carrying out, or completing any audit or investigation.

(6)

Duties

(A)

In general

It shall be the duty of the Inspector General to conduct, supervise, and coordinate audits and investigations of—

(i)

the treatment, handling, expenditure, and use of United States Contributions by and to United Nations Entities; and

(ii)

the adequacy of accounting, oversight, and internal control mechanisms at United Nations Entities that receive United States Contributions.

(B)

Supervision

The Inspector General shall establish, maintain, and oversee such systems, procedures, and controls as the Inspector General considers appropriate to discharge the duty under subparagraph (A).

(C)

Operation

The Inspector General shall carry out the duties specified in subparagraphs (A) and (B) in accordance with section 4(b)(1) of the Inspector General Act of 1978.

(D)

Maintenance of records

The Inspector General shall collect and maintain current records regarding Transparency Certifications by all United Nations Entities that receive United States Contributions.

(E)

Notification

The Inspector General shall keep the Board of Directors and the Congress fully and promptly informed of how United Nations Entities are spending United States Contributions by means of reports, testimony, and briefings.

(F)

Referrals

(i)

The Inspector General shall promptly report to the United States Attorney General when Inspector General has reasonable grounds to believe a United States federal criminal law has been violated by a United Nations Entity or one of its employees, contractors, or representatives.

(ii)

The Inspector General shall promptly report, when appropriate, to the Secretary General or the head of the appropriate United Nations Entity cases where the Inspector General reasonably believes that mismanagement, misfeasance, or malfeasance is likely to have taken place within a United Nations Entity and disciplinary proceedings are likely justified.

(7)

Personnel, facilities, and other resources

(A)

In general

The Inspector General may select, appoint, and employ such officers and employees as may be necessary for carrying out the duties of the Inspector General.

(B)

Services

The inspector general may obtain services as authorized by section 3109 of title 5, United States Code, at daily rates not to exceed the equivalent rate prescribed for grade GS–15 of the General Schedule by section 5332 of such title.

(C)

Real property

The Inspector General may lease, purchase, or otherwise acquire, improve, and use such real property wherever situated, as may be necessary for carrying out this section.

(D)

Contracts

To the extent and in such amounts as may be provided in advance by appropriations Acts, the Inspector General my enter into contracts and other arrangements for audits, studies, analyses, and other services with public agencies and with private persons, and make such payments as may be necessary to carry out the duties of the Inspector General.

(E)

Detailees

Upon request by the Inspector General, the head of an agency may detail any employee of such agency to the Office of the United States Inspector General for Contributions to the United Nations System 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.

(8)

Cooperation by United States Government Entities

(A)

In general

In carrying out the duties, responsibilities, and authorities of the Inspector General under this section, the Inspector General shall receive the cooperation of inspectors general of other Federal Government agencies.

(B)

Assistance

Upon request of the Inspector General for information or assistance from any department, agency, or other entity of the Federal Government, the head of such entity shall, insofar as is practicable and not in contravention of any existing law, furnish such information or assistance to the Inspector General, or an authorized designee.

(C)

Report

Whenever information or assistance requested by the Inspector General is, in the judgment of the Inspector General, unreasonably refused or not provided, the Inspector General shall report the circumstances to the Board of Directors and to the Appropriate Congressional Committees without delay.

(9)

Confirmation of transparency by United Nations Entities

(A)

Prompt notice by Inspector General

Whenever information or assistance requested from a United Nations Entity by the Inspector General pursuant to a Transparency Certification is, in the opinion of the Inspector General, unreasonably refused or not provided in a timely manner, the Inspector General shall notify the Board of Directors, the head of that particular United Nations Entity, and the Secretary General of the circumstances in writing, without delay.

(B)

Notice of compliance

If and when the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph (A) is provided to the satisfaction of the Inspector General, the Inspector General shall so notify in writing the United Nations Entity, the Board of Directors, and the Appropriate Congressional Committees.

(C)

Noncompliance

If the information or assistance being sought by the Inspector General in connection with a notification pursuant to subparagraph (A) is not provided to the satisfaction of the Inspector General within 90 days of that notification, then the United Nations Entity that is the subject of the notification is deemed to be noncompliant with its Transparency Certification, and the Inspector General shall provide prompt, written notification of that fact to the Board of Directors, Appropriate Congressional Committees, the head of that United Nations Entity, the Secretary General, and any office or agency of the Federal Government that has provided that United Nations Entity with any United States Contribution during the prior 2 years.

(D)

Restoration of compliance

After the situation has been resolved to the satisfaction of the Board of Directors, a finding of Transparency Certification noncompliance pursuant to subparagraph (B) may be reversed by an affirmative vote of at least 5 of the 7 members of the Board of Directors. The Board shall promptly provide notification of such restoration, along with a description of the basis for the Board’s decision, to the Inspector General, Appropriate Congressional Committees, the head of the affected United Nations Entity, the Secretary General, and the head of any office or agency of the Federal Government that has provided that United Nations Entity with any United States Contribution during the prior 2 years.

(E)

Cost reimbursement

The Inspector General may reimburse United Nations Entities for the reasonable cost of providing to the Inspector General information or assistance sought pursuant to a Transparency Certification for the purpose of performing the duties described in paragraph (6).

(10)

Reports

(A)

Audit and investigation reports

Promptly upon completion, the Inspector General shall provide copies of each audit and investigation report completed pursuant to paragraph (6) to the Board of Directors, the Appropriate Congressional Committees, and, to the extent permissible under United States law, the head of each United Nations Entity that is the subject of that particular report.

(B)

Semiannual reports

Not later than May 30, 2010, and semiannually thereafter, the Inspector General shall submit to the Appropriate Congressional Committees a report that, among other things—

(i)

meets the requirements of section 5 of the Inspector General Act of 1978; and

(ii)

includes a list of and detailed description of the circumstances surrounding any notification of noncompliance issued pursuant to paragraph (9)(C) during the covered timeframe, and whether and when Board of Directors has reversed such finding of noncompliance.

(C)

Prohibited disclosures

Nothing in this subsection shall be construed to authorize the public disclosure of information that is—

(i)

specifically prohibited from disclosure by any other provision of law;

(ii)

specifically required by Executive order to be protected from disclosure in the interest of national defense or national security or in the conduct of foreign affairs; or

(iii)

a part of an ongoing criminal investigation.

(D)

Privacy protections

The Inspector General shall exempt from public disclosure information received from a United Nations Entity or developed during an audit or investigation that the Inspector General believes—

(i)

constitutes a trade secret or privileged and confidential personal financial information;

(ii)

accuses a particular person of a crime;

(iii)

would, if publicly disclosed, constitute a clearly unwarranted invasion of personal privacy; and

(iv)

would compromise an ongoing law enforcement investigation or judicial trial in the United States.

(E)

Publication

Subject only to the exceptions detailed in subparagraphs (C) and (D), the Inspector General shall promptly publish each report under this subsection on a publicly available and searchable Internet website.

(d)

Board of Directors

(1)

Establishment

The Office of the United States Inspector General for Contributions to the United Nations System shall have a Board of Directors.

(2)

Duties

The Board shall receive information and reports of audits and investigations from the Office and the Inspector General, provide general direction and supervision to the Office and the Inspector General, and determine the restoration of compliance by any United Nations Entity with its Transparency Certification pursuant to subsection (c)(9)(D).

(3)

Membership

The Board shall consist of the Secretary of State (or the Secretary’s designee), the Secretary of Labor (or the Secretary’s designee), the Secretary of Agriculture (or the Secretary’s designee), the Secretary of Defense (or the Secretary’s designee), the Administrator of the Environmental Protection Agency (or the Administrator’s designee), the Secretary of the Treasury (or the Secretary’s designee), and the Director of the Office of Management and Budget (or the Director’s designee).

(4)

Chairmanship

The Board shall be chaired by a board member, and the chairmanship shall rotate among the member departments and agencies on an annual basis. The first chair shall be the Director or designee from the Office of Management and Budget.

624.

Transparency for United States contributions

(a)

Funding prerequisites

Notwithstanding any other provision of law, no funds made available for use as a United States Contribution to any United Nations Entity may be obligated or expended if—

(1)

the intended United Nations Entity recipient has not provided to the Inspector General within the preceding year a Transparency Certification as defined in section _22(4); or

(2)

the intended United Nations Entity recipient is noncompliant with its Transparency Certification as described in section _23(c)(9)(C).

(b)

Treatment of funds withheld for noncompliance

At the conclusion of each fiscal year, any funds that had been appropriated for use as a United States Contribution to a United Nations Entity during that fiscal year, but could not be obligated or expended because of the restrictions of paragraph (1), shall be returned to the United States Treasury, and are not subject to reprogramming for any other use. Any such funds returned to the Treasury shall not be considered arrears to be repaid to any United Nations Entity.

(c)

Presidential waiver

The President may waive the limitations of this subsection with respect to a particular United States Contribution to a particular United Nations Entity within a single fiscal year if the President determines that it is required by the national security interests of the United States and provides notification and explanation of that determination to the Appropriate Congressional Committees.

625.

Authorization of appropriations

There are authorized to be appropriated such sums as are necessary to carry out the activities of this title, provided that such sums be not less than one half of 1 percent of the total amount of all assessed and voluntary contributions of the United States Government to the United Nations and United Nations affiliated agencies and related bodies during the prior fiscal year, as identified pursuant to section 1225(b)(3)(E) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364).

C

United States policy at the United Nations

631.

Annual publication

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure the United Nations publishes annually, including on a publicly searchable internet website, a list of all United Nations subsidiary bodies and their functions, budgets, staff, and contributions, both voluntary and assessed, sorted by donor.

632.

Annual financial disclosure

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to implement a system for the required filing of individual annual financial disclosure forms by each employee of the United Nations and its specialized agencies, programs, and funds at the P–5 level and above, which shall be made available to the Office of Internal Oversight Services and, upon request, to Member States and their public.

633.

Policy with respect to expansion of the security council

It shall be the policy of the United States to use the voice, vote, and influence of the United States at the United Nations to oppose any proposals on expansion of the Security Council if such expansion would—

(1)

diminish the influence of the United States on the Security Council;

(2)

include veto rights for any new members of the Security Council; or

(3)

undermine the effectiveness of the Security Council.

634.

Access to reports and audits

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that Member States may, upon request, have access to all reports and audits completed by the Board of External Auditors.

635.

Waiver of immunity

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to ensure that the Secretary General exercises the right and duty of the Secretary General under section 20 of the Convention on the Privileges and Immunities of the United Nations to waive the immunity of any United Nations official in any case in which such immunity would impede the course of justice. In exercising such waiver, the Secretary General is urged to interpret the interests of the United Nations as favoring the investigation or prosecution of a United Nations official who is credibly under investigation for having committed a serious criminal offense or who is credibly charged with a serious criminal offense.

636.

Terrorism and the United Nations

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to work toward adoption by the general assembly of—

(1)

a definition of terrorism that—

(A)

builds upon the recommendations of the December 2004 report of the High-Level Panel on Threats, Challenges, and Change;

(B)

includes as an essential component of such definition any action that is intended to cause death or serious bodily harm to civilians with the purpose of intimidating a population or compelling a government or an international organization to do, or abstain from doing, any act; and

(C)

does not propose a legal or moral equivalence between an action described in paragraph (1)(B) and measures taken by a government or international organization in self-defense against an action described in paragraph (1)(B); and

(2)

a comprehensive convention on terrorism that includes the definition described in paragraph (1).

637.

Report on United Nations reform

(a)

In general

Not later than 180 days after the date of the enactment of this Act and annually for each of the next three years, the Secretary shall submit to the appropriate congressional committees a report on United Nations reform.

(b)

Contents

The report required under subsection (a) shall describe—

(1)

progress toward the goal of shifting the funding for the United Nations Regular Budget to a voluntary basis as identified in section _12 above, and a detailed description of efforts and activities by United States diplomats and officials toward that end;

(2)

progress toward each of the policy goals identified in the prior sections of this title, and a detailed, goal-specific description of efforts and activities by United States diplomats and officials toward those ends;

(3)

the status of the implementation of management reforms within the United Nations and its specialized agencies;

(4)

the number of outputs, reports, or other mandates generated by General Assembly resolutions that have been eliminated;

(5)

the progress of the General Assembly to modernize and streamline the committee structure and its specific recommendations on oversight and committee outputs, consistent with the March 2005 report of the Secretary General entitled In larger freedom: towards development, security and human rights for all;

(6)

the status of the review by the General Assembly of all mandates older than 5 years and how resources have been redirected to new challenges, consistent with such March 2005 report of the Secretary General;

(7)

the continued utility and relevance of the Economic and Financial Committee and the Social, Humanitarian, and Cultural Committee, in light of the duplicative agendas of those committees and the Economic and Social Council; and

(8)

whether the United Nations or any of its specialized agencies has contracted with any party included on the Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs.

638.

Report on United Nations personnel

(a)

In general

Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report—

(1)

concerning the progress of the General Assembly to modernize human resource practices, consistent with the March 2005 report of the Secretary General entitled In larger freedom: towards development, security and human rights for all; and

(2)

containing the information described in subsection (b).

(b)

Contents

The report shall include—

(1)

a comprehensive evaluation of human resources reforms at the United Nations, including an evaluation of—

(A)

tenure;

(B)

performance reviews;

(C)

the promotion system;

(D)

a merit-based hiring system and enhanced regulations concerning termination of employment of employees; and

(E)

the implementation of a code of conduct and ethics training;

(2)

the implementation of a system of procedures for filing complaints and protective measures for work-place harassment, including sexual harassment;

(3)

policy recommendations relating to the establishment of a rotation requirement for nonadministrative positions;

(4)

policy recommendations relating to the establishment of a prohibition preventing personnel and officials assigned to the mission of a member state to the united nations from transferring to a position within the United Nations Secretariat that is compensated at the P–5 level and above;

(5)

policy recommendations relating to a reduction in travel allowances and attendant oversight with respect to accommodations and airline flights; and

(6)

an evaluation of the recommendations of the Secretary General relating to greater flexibility for the Secretary General in staffing decisions to accommodate changing priorities.

639.

Withholding of United States contributions to UNRWA

(a)

Withholding

Contributions by the United States to the regular budget of the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA), to any successor or related entity, or to the regular budget of the United Nations for the support of UNRWA or a successor entity (through staff positions provided by the United Nations Secretariat, or otherwise), may be provided only during a period for which a certification described in subsection (b) is in effect.

(b)

Certification

A certification described in this paragraph is a written determination by the Secretary, based on all information available after diligent inquiry, and transmitted to the Appropriate Congressional Committees along with a detailed description of the factual basis therefor, that—

(1)

no official, employee, consultant, contractor, subcontractor, representative, or affiliate of UNRWA—

(A)

is a member of a foreign terrorist organization;

(B)

has propagated, disseminated, or incited anti-American, anti-Israel, or anti-Semitic rhetoric or propaganda; or

(C)

has used any UNRWA resources, including publications or Web sites, to propagate or disseminate political materials, including political rhetoric regarding the Israeli-Palestinian conflict;

(2)

no UNRWA school, hospital, clinic, other facility, or other infrastructure or resource is being used by a foreign terrorist organization for operations, planning, training, recruitment, fundraising, indoctrination, communications, sanctuary, storage of weapons or other materials, or any other purposes;

(3)

UNRWA is subject to comprehensive financial audits by an internationally recognized third party independent auditing firm and has implemented an effective system of vetting and oversight to prevent the use, receipt, or diversion of any UNRWA resources by any foreign terrorist organization or members thereof;

(4)

no UNRWA-funded school or educational institution uses textbooks or other educational materials that propagate or disseminate anti-American, anti-Israel, or anti-Semitic rhetoric, propaganda or incitement; and

(5)

no recipient of UNRWA funds or loans is a member of a foreign terrorist organization.

(c)

Definition

In this section, the term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).

(d)

Effective duration of certification

The certification described in subsection (b) shall be effective for a period of 180 days from the date of transmission to the Appropriate Congressional Committees, or until the Secretary receives information rendering that certification factually inaccurate, whichever is earliest. In the event that a certification becomes ineffective, the Secretary shall promptly transmit to the Appropriate Congressional Committees a description of any information that precludes the renewal or continuation of the certification.

(e)

Limitation

During a period for which a certification described in subsection (b) is in effect, the United States may not contribute to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) or a successor entity an annual amount—

(1)

greater than the highest annual contribution to UNRWA made by a member country of the League of Arab States;

(2)

that, as a proportion of the total UNRWA budget, exceeds the proportion of the total budget for the United Nations High Commissioner for Refugees (UNHCR) paid by the United States; or

(3)

that exceeds 22 percent of the total budget of UNRWA.

(f)

Sense of Congress

It is the sense of Congress that, in order to alleviate the suffering of Palestinian refugees, responsibility for those refugees should be fully transferred to the Office of the United Nations High Commissioner for Refugees.

640.

United Nations treaty bodies

The United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended with respect to a United Nations human rights treaty monitoring body or committee that was established by—

(1)

a convention (without any protocols) or an international covenant (without any protocols) to which the United States is not party; or

(2)

a convention, with a subsequent protocol, if the United States is a party to neither.

641.

Equality at the United Nations

(a)

Department of State review and report

(1)

In general

To avoid duplicative efforts and funding with respect to Palestinian interests and to ensure balance in the approach to Israeli-Palestinian issues, the Secretary shall, not later than 180 days after the date of the enactment of this Act—

(A)

complete an audit of the functions of the entities listed in paragraph (2); and

(B)

submit to the appropriate congressional committees a report containing audit findings and conclusions, and recommendations for the elimination of such duplicative entities and efforts.

(2)

Entities

The entities referred to in paragraph (1) are the following:

(A)

The United Nations Division for Palestinian Rights.

(B)

The Committee on the Exercise of the Inalienable Rights of the Palestinian People.

(C)

The United Nations Special Coordinator for the Middle East Peace Process and Personal Representative to the Palestine Liberation Organization and the Palestinian Authority.

(D)

The NGO Network on the Question of Palestine.

(E)

The Special Committee to Investigate Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied Territories.

(F)

Any other entity the Secretary determines results in duplicative efforts or funding or fails to ensure balance in the approach to Israeli-Palestinian issues.

(b)

Implementation by permanent representative

(1)

In general

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to seek the implementation of the recommendations contained in the report required under subsection (a)(1)(B).

(2)

Withholding of funds

Until such recommendations have been implemented, the United States shall withhold from United States contributions to the regular assessed budget of the United Nations for a biennial period amounts that are proportional to the percentage of such budget that are expended for such entities.

(c)

GAO audit

The Comptroller General of the United States of the Government Accountability Office shall conduct an audit of—

(1)

the status of the implementation of the recommendations contained in the report required under subsection (a)(1)(B); and

(2)

United States actions and achievements under subsection (b).

642.

Anti-Semitism and the United Nations

The President shall direct the United States permanent representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to make every effort to—

(1)

ensure the issuance and implementation of a directive by the Secretary General or the Secretariat, as appropriate, that—

(A)

requires all employees of the United Nations and its specialized agencies to officially and publicly condemn anti-Semitic statements made at any session of the United Nations or its specialized agencies, or at any other session sponsored by the United Nations;

(B)

requires employees of the United Nations and its specialized agencies, programs, and funds to be subject to punitive action, including immediate dismissal, for making anti-Semitic statements or references;

(C)

proposes specific recommendations to the General Assembly for the establishment of mechanisms to hold accountable employees and officials of the United Nations and its specialized agencies, programs, and funds, or Member States, that make such anti-Semitic statements or references in any forum of the United Nations or of its specialized agencies;

(D)

continues to develop and implements education awareness programs about the Holocaust and anti-Semitism throughout the world, as part of an effort to combat intolerance and hatred; and

(E)

requires the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop programming and other measures that address anti-Semitism;

(2)

secure the adoption of a resolution by the General Assembly that establishes the mechanisms described in paragraph (1)(C); and

(3)

continue working toward further reduction of anti-Semitic language and anti-Israel resolutions in the United Nations and its specialized agencies, programs, and funds.

643.

Regional group inclusion of Israel

The President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to expand the Western European and Others Group (WEOG) in the United Nations to include Israel as a permanent member with full rights and privileges.

D

United Nations Human Rights Council

651.

Findings

Congress finds the following:

(1)

Since its establishment in 2006, the United Nations Human Rights Council has failed to meaningfully promote the protection of internationally recognized human rights, and has proven to be even more problematic than the United Nations Human Rights Commission that it was created to replace.

(2)

The United Nations Human Rights Council suffers from significant structural flaws, such as the fact that it draws its members from the General Assembly without any substantive membership criteria, with the perverse result that a number of the world’s worst human rights abusers are members of the council.

(3)

The structure and composition of the United Nations Human Rights Council have made it subject to gross political manipulation, with the result that, during its two and one-half years of operation, the Council has passed 20 resolutions censuring the democratic state of Israel, as compared to only 4 censuring the dictatorship in Burma, just one censuring the North Korean regime, and none condemning the severe, ongoing human rights abuses in Sudan, China, Cuba, Zimbabwe, Belarus, and elsewhere.

652.

Human Rights Council membership and funding

(a)

In general

For each fiscal year subsequent to the effective date of this Act until the Secretary of State submits to Congress a certification that the requirements described in subsection (b) have been satisfied—

(1)

the Secretary of State shall withhold from a United States contribution each fiscal year to a regularly assessed biennial budget of the United Nations an amount that is equal to the percentage of such contribution that the Secretary determines would be allocated by the United Nations to support the United Nations Human Rights Council;

(2)

the Secretary of State shall not make a voluntary contribution to the United Nations Human Rights Council; and

(3)

the United States shall not run for a seat on the United Nations Human Rights Council.

(b)

Certification

The annual certification referred to in subsection (a) is a certification made by the Secretary to Congress that the United Nations Human Rights Council does not include a Member State—

(1)

subject to sanctions by the Security Council;

(2)

under a Security Council-mandated investigation for human rights abuses;

(3)

subject, within the prior 5 years, to a country-specific resolution passed under Agenda Item 9 by the former United Nations Human Rights Commission;

(4)

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 other provision of law, is a government that has repeatedly provided support for acts of international terrorism; or

(5)

which the President has designated as a country of particular concern for religious freedom under section 402(b) of the International Religious Freedom Act of 1998.

E

International Atomic Energy Agency

661.

International Atomic Energy Agency

(a)

Enforcement and Compliance

(1)

Office of Compliance

(A)

Establishment

The President shall direct the United States Permanent Representative to International Atomic Energy Agency (IAEA) to use the voice, vote, and influence of the United States at the IAEA to establish an Office of Compliance in the Secretariat of the IAEA.

(B)

Operation

The Office of Compliance shall—

(i)

function as an independent body composed of technical experts who shall work in consultation with IAEA inspectors to assess compliance by IAEA Member States and provide recommendations to the IAEA Board of Governors concerning penalties to be imposed on IAEA Member States that fail to fulfill their obligations under IAEA Board resolutions;

(ii)

base its assessments and recommendations on IAEA inspection reports; and

(iii)

take into consideration information provided by IAEA Board Members that are 1 of the 5 nuclear weapons states as recognized by the Treaty on the Non-Proliferation of Nuclear Weapons (21 UST 483) (commonly referred to as the Nuclear Nonproliferation Treaty or the NPT).

(C)

Staffing

The Office of Compliance shall be staffed from existing personnel in the Department of Safeguards of the IAEA or the Department of Nuclear Safety and Security of the IAEA.

(2)

Committee on safeguards and verification

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that the Committee on Safeguards and Verification established in 2005 shall develop and seek to put into force a workplan of concrete measures that will—

(A)

improve the ability of the IAEA to monitor and enforce compliance by Member States of the IAEA with the Nuclear Nonproliferation Treaty and the Statute of the International Atomic Energy Agency; and

(B)

enhance the ability of the IAEA, beyond the verification mechanisms and authorities contained in the Additional Protocol to the Safeguards Agreements between the IAEA and Member States of the IAEA, to detect with a high degree of confidence undeclared nuclear activities by a Member State.

(3)

Penalties with respect to the IAEA

(A)

In general

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations has its privileges suspended, including—

(i)

limiting its ability to vote on its case;

(ii)

being prevented from receiving any technical assistance; and

(iii)

being prevented from hosting meetings.

(B)

Termination of penalties

The penalties specified under subparagraph (A) shall be terminated when such investigation is concluded and such Member State is no longer in such breach or noncompliance.

(4)

Penalties with respect to the nuclear nonproliferation treaty

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to ensure that a Member State of the IAEA that is found to be in breach of, in noncompliance with, or has withdrawn from the Nuclear Nonproliferation Treaty shall return to the IAEA all nuclear materials and technology received from the IAEA, any Member State of the IAEA, or any Member State of the Nuclear Nonproliferation Treaty.

(b)

United states contributions

(1)

Voluntary contributions

Voluntary contributions of the United States to the IAEA should primarily be used to fund activities relating to Nuclear Safety and Security or activities relating to Nuclear Verification.

(2)

Limitation on use of funds

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to—

(A)

ensure that funds for safeguards inspections are prioritized for countries that have newly established nuclear programs or are initiating nuclear programs; and

(B)

block the allocation of funds for any other IAEA development, environmental, or nuclear science assistance or activity to a country—

(i)

the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism and the government of which the Secretary has determined has not dismantled and surrendered its weapons of mass destruction programs under international verification;

(ii)

that is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or

(iii)

that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations.

(3)

Detail of expenditures

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to secure, as part of the regular budget presentation of the IAEA to Member States of the IAEA, a detailed breakdown by country of expenditures of the IAEA for safeguards inspections and nuclear security activities.

(c)

Membership

(1)

In general

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the membership on the Board of Governors of the IAEA for a Member State of the IAEA that has not signed and ratified the Additional Protocol and—

(A)

is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or

(B)

that is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations.

(2)

Criteria

The United States Permanent Representative to the IAEA shall make every effort to modify the criteria for Board membership to reflect the principles described in paragraph (1).

(d)

Small quantities protocol

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure that the IAEA changes the policy regarding the Small Quantities Protocol in order to—

(1)

rescind and eliminate the Small Quantities Protocol;

(2)

require that any IAEA Member State that has previously signed a Small Quantities Protocol to sign, ratify, and implement the Additional Protocol, provide immediate access for IAEA inspectors to its nuclear-related facilities, and agree to the strongest inspections regime of its nuclear efforts; and

(3)

require that any IAEA Member State that does not comply with paragraph (2) to be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State and subject to the penalties described in subsection (a)(3).

(e)

Nuclear program of Iran

(1)

United States action

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to make every effort to ensure the adoption of a resolution by the IAEA Board of Governors that, in addition to the restrictions already imposed, makes Iran ineligible to receive any nuclear material, technology, equipment, or assistance from any IAEA Member State and ineligible for any IAEA assistance not related to safeguards inspections or nuclear security until the IAEA Board of Governors determines that Iran—

(A)

is providing full access to IAEA inspectors to its nuclear-related facilities;

(B)

has fully implemented and is in compliance with the Additional Protocol; and

(C)

has permanently ceased and dismantled all activities and programs related to nuclear-enrichment and reprocessing.

(2)

Penalties

If an IAEA Member State is determined to have violated the prohibition on assistance to Iran described in paragraph (1) before the IAEA Board of Governors determines that Iran has satisfied the conditions described in subparagraphs (A) through (C) of such paragraph, such Member State shall be subject to the penalties described in subsection (a)(3), shall be ineligible to receive nuclear material, technology, equipment, or assistance from any IAEA Member State, and shall be ineligible to receive any IAEA assistance not related to safeguards inspections or nuclear security until such time as the IAEA Board of Governors makes such determination with respect to Iran.

(f)

Report

Not later than 6 months after the date of the enactment of this Act and annually for 2 years thereafter, the President shall submit to the appropriate congressional committees a report on the implementation of this section.

662.

Sense of Congress regarding the Nuclear Security Action Plan of the IAEA

It is the sense of Congress that the national security interests of the United States are enhanced by the Nuclear Security Action Plan of the IAEA and the Board of Governors should recommend, and the General Conference should adopt, a resolution incorporating the Nuclear Security Action Plan into the regular budget of the IAEA.

F

Peacekeeping

671.

Reform of United Nations peacekeeping operations

It is the sense of Congress that—

(1)

although United Nations peacekeeping operations have contributed greatly toward the promotion of peace and stability for nearly 6 decades and the majority of peacekeeping personnel who have served under the United Nations flag have done so with honor and courage, the record of United Nations peacekeeping has been severely tarnished by operational failures and unconscionable acts of misconduct;

(2)

in response to such failures, in 2000 and 2005, respectively, the Secretary General charged the high-level Panel on United Nations Peace Operations, led by former Foreign Minister of Algeria Lakhdar Brahimi, and his Special Advisor on the Prevention of Sexual Exploitation and Abuse, His Royal Highness Prince Zeid Ra’ad Zeid Al-Hussein of Jordan, to provide honest assessments of the United Nations’ shortcomings and make recommendations that would help restore the confidence of the international community in United Nations peacekeeping operations;

(3)

audits of procurement practices in the Department of Peacekeeping Operations, conducted by the Office of Internal Oversight Services, also have uncovered significant corruption schemes, including a 2007 audit of peacekeeping contracts valued at $1.4 billion, of which more than $614 million, or 44 percent, were subject to corruption;

(4)

despite the fact that the United Nations has had more than eight years to implement the reforms contained in the Brahimi Report, nearly four years to implement the reforms in the Zeid Report, and the fact that Secretary General Ban Ki-Moon, his predecessor Kofi Annan, and the Special Committee on Peacekeeping Operations repeatedly have expressed their commitment to implementing fundamental, systematic changes as a matter of urgency, a number of critical reforms continue to be blocked or delayed by Members States who arguably benefit from maintenance of the status quo; and

(5)

if the reputation of and confidence in United Nations peacekeeping operations is to be restored, fundamental and far-reaching reforms, particularly in the areas of planning, management, procurement, training, conduct, and discipline, must be implemented without further delay.

672.

Policy relating to reform of United Nations peacekeeping operations

It shall be the policy of the United States to pursue reform of United Nations peacekeeping operations in the following areas:

(1)

Planning and management

(A)

Global audit

As the size, cost, and number of United Nations peacekeeping operations have increased substantially over the past decade, an independent audit of each such operation, with a view toward right-sizing operations and ensuring that such operations are cost effective, should be conducted and its findings reported to the Security Council.

(B)

Procurement and transparency

A modern logistics system and transparent, streamlined procurement procedures should be established within the United Nations Department of Field Support to ensure that all peacekeeping missions are resourced appropriately and in a timely fashion while individual accountability for waste, fraud and abuse within United Nations peacekeeping missions is established and uniformly enforced.

(C)

Review of mandates and closing operations

In conjunction with the audit described in subparagraph (A), the United Nations Department of Peacekeeping Operations should conduct a comprehensive review of all United Nations peacekeeping operation mandates, with a view toward identifying objectives that are practical and achievable, and report its findings to the Security Council. In particular, the review should consider the following:

(i)

Except in extraordinary cases, including genocide, the United Nations Department of Peacekeeping Operations should not be tasked with activities that are impractical or unachievable without the cooperation of the Member State(s) hosting a United Nations peacekeeping operation, or which amount to de-facto Trusteeship outside of the procedures established for such under chapter XII of the United Nations Charter, thereby creating unrealistic expectations and obfuscating the primary responsibility of the Member States themselves in creating and maintaining conditions for peace.

(ii)

Long-standing operations that are static and cannot fulfill their mandate should be downsized or closed.

(iii)

Where there is legitimate concern that the withdrawal from a country of an otherwise static United Nations peacekeeping operation would result in the resumption of major conflict, a burden-sharing arrangement that reduces the level of assessed contributions, similar to that currently supporting the United Nations Peacekeeping Force in Cyprus, should be explored and instituted.

(D)

Leadership

As peacekeeping operations become larger and increasingly complex, the Secretariat should adopt a minimum standard of qualifications for senior leaders and managers, with particular emphasis on specific skills and experience, and current senior leaders and managers who do not meet those standards should be removed.

(E)

Pre-deployment training

Pre-deployment training on interpretation of the mandate of the operation, specifically in the areas of use of force, civilian protection and field conditions, the Code of Conduct, HIV/AIDS, and human rights should be mandatory, and all personnel, regardless of category or rank, should be required to sign an oath that each has received and understands such training as a condition of participation in the operation.

(F)

Gratis military personnel

The General Assembly should seek to strengthen the capacity the United Nations Department of Peacekeeping Operations and ease the extraordinary burden currently placed upon the limited number of headquarters staff by lifting restrictions on the utilization of gratis military personnel by the Department so that the Department may accept secondments from Member States of military personnel with expertise in mission planning, logistics, and other operational specialties.

(2)

Conduct and discipline

(A)

Adoption of a uniform code of conduct

A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, including military personnel, should be adopted and incorporated into legal documents governing participation in such an operation, including all contracts and Memorandums of Understanding, promulgated and effectively enforced.

(B)

Understanding the code of conduct

All personnel, regardless of category or rank, should receive training on the Code of Conduct prior to deployment with a peacekeeping operation, in addition to periodic follow-on training. In particular—

(i)

all personnel, regardless of category or rank, should be provided with a personal copy of the Code of Conduct that has been translated into the national language of such personnel, regardless of whether such language is an official language of the United Nations;

(ii)

all personnel, regardless of category or rank, should sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code of Conduct, and that each understands the consequences of violating the Code of Conduct, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations , as well as the assumption of personal liability for victims compensation, as a condition of appointment to any such operation; and

(iii)

peacekeeping operations should conduct educational outreach programs to reach local communities where peacekeeping personnel of such operations are based, including explaining prohibited acts on the part of United Nations peacekeeping personnel and identifying the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct.

(C)

Monitoring mechanisms

Dedicated monitoring mechanisms, such as the Conduct and Discipline Units already deployed to support United Nations peacekeeping operations in Haiti, Sudan, Kosovo, Burundi, Liberia, Lebanon, Timor Leste, Cote d’Ivoire, Western Sahara, and the Democratic Republic of Congo, should be present in each operation to monitor compliance with the Code of Conduct, and—

(i)

should report simultaneously to the Head of Mission, the United Nations Department of Peacekeeping Operations, and the Associate Director of OIOS for Peacekeeping Operations (established under section 1114(b)(9)); and

(ii)

should be tasked with designing and implementing mission-specific measures to prevent misconduct, conduct follow-on training for personnel, coordinate community outreach programs, and assist in investigations, as OIOS determines necessary and appropriate.

(D)

Investigations

A permanent, professional, and independent investigative body should be established and introduced into United Nations peacekeeping operations. In particular—

(i)

the investigative body should include professionals with experience in investigating sex crimes and the illegal exploitation of resources, as appropriate, as well as experts who can provide guidance on standards of proof and evidentiary requirements necessary for any subsequent legal action;

(ii)

provisions should be included in all Memorandums of Understanding, including a Model Memorandum of Understanding, that obligate Member States that contribute troops to a peacekeeping operation to designate a military prosecutor who will participate in any investigation into credible allegations of misconduct brought against an individual of such Member State, so that evidence is collected and preserved in a manner consistent with the military law of such Member State;

(iii)

the investigative body should be regionally based to ensure rapid deployment and should be equipped with modern forensics equipment for the purpose of positively identifying perpetrators and, where necessary, for determining paternity; and

(iv)

the investigative body should report directly to the Associate Director of OIOS for Peacekeeping Operations, while providing copies of any reports to the Department of Peacekeeping Operations, the Head of Mission, and the Member State concerned.

(E)

Follow-up

The Conduct and Discipline Team in the headquarters of the United Nations Department of Peacekeeping Operations should be appropriately staffed, resourced, and tasked with—

(i)

promulgating measures to prevent misconduct;

(ii)

receiving reports by field personnel and coordinating the Department’s response to allegations of misconduct;

(iii)

gathering follow-up information on completed investigations, particularly by focusing on disciplinary actions against the individual concerned taken by the United Nations or by the Member State that is contributing troops to which such individual belongs, and sharing such information with the Security Council, the Head of Mission, and the community hosting the peacekeeping operation; and

(iv)

contributing pertinent data on conduct and discipline to the data base required pursuant to subparagraph (H).

(F)

Financial liability and victims assistance

Although peacekeeping operations should provide immediate medical assistance to victims of sexual abuse or exploitation, the responsibility for providing longer-term treatment, care, or restitution lies solely with the individual found guilty of the misconduct. In particular, the following reforms should be implemented:

(i)

The United Nations should not assume responsibility for providing long-term treatment or compensation by creating a Victims Trust Fund, or any other such similar fund, financed through assessed contributions to United Nations peacekeeping operations, thereby shielding individuals from personal liability and reinforcing an atmosphere of impunity.

(ii)

If an individual responsible for misconduct has been repatriated, reassigned, redeployed, or is otherwise unable to provide assistance, responsibility for providing assistance to a victim should be assigned to the Member State that contributed the contingent to which such individual belonged or to the manager concerned.

(iii)

In the case of misconduct by a member of a military contingent, appropriate funds shall be withheld from the troop contributing country concerned.

(iv)

In the case of misconduct by a civilian employee or contractor of the United Nations, appropriate wages shall be garnished from such individual or fines shall be imposed against such individual, consistent with existing United Nations Staff Rules, and retirement funds shall not be shielded from liability.

(G)

Managers and commanders

The manner in which managers and commanders handle cases of misconduct by those serving under them should be included in their individual performance evaluations, so that managers and commanders who take decisive action to deter and address misconduct are rewarded, while those who create a permissive environment or impede investigations are penalized or relieved of duty, as appropriate.

(H)

Data base

A centralized data base, including personnel photos and fingerprints, should be created and maintained within the United Nations Department of Peacekeeping Operations, the Office of Field Support, and other relevant United Nations bodies without further delay to track cases of misconduct, including the outcome of investigations and subsequent prosecutions, to ensure that personnel who have engaged in misconduct or other criminal activities, regardless of category or rank, are permanently barred from participation in future peacekeeping operations.

(I)

Cooperation of member states

If a Member State routinely refuses to cooperate with the directives contained herein or acts to shield its nationals from personal liability, that Member State should be barred from contributing troops or personnel to future peacekeeping operations.

(J)

Welfare

Peacekeeping operations should continue to seek to maintain a minimum standard of welfare for mission personnel to ameliorate conditions of service, while adjustments are made to the discretionary welfare payments currently provided to Member States that contribute troops to offset the cost of operation-provided recreational facilities, as necessary and appropriate.

673.

Certification

(a)

New or expanded peacekeeping operations contingent upon presidential certification of peacekeeping operations reforms

(1)

No new or expanded peacekeeping operations

(A)

Certification

Except as provided in subparagraph (B), until the Secretary of State certifies that the requirements described in paragraph (2) have been satisfied, the President shall direct the United States Permanent Representative to the United Nations to use the voice, vote, and influence of the United States at the United Nations to oppose the creation of new, or expansion of existing, United Nations peacekeeping operations.

(B)

Exception and notification

The requirements described under paragraph (2) may be waived with respect to a particular peacekeeping operation if the President determines that failure to deploy new or additional peacekeepers in such situation will significantly contribute to the widespread loss of human life, genocide, or the endangerment of a vital national security interest of the United States. If the President makes such a determination, the President shall, not later than 15 days before the exercise of such waiver, notify the appropriate congressional committees of such determination and resulting waiver.

(2)

Certification of peacekeeping operations reforms

The certification referred to in paragraph (1) is a certification made by the Secretary to the appropriate congressional committees that the following reforms, or an equivalent set of reforms, related to peacekeeping operations have been adopted by the United Nations Department of Peacekeeping Operations or the General Assembly, as appropriate:

(A)

A single, uniform Code of Conduct that has the status of a binding rule and applies equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank, has been adopted by the General Assembly and duly incorporated into all contracts and a Model Memorandum of Understanding, and mechanisms have been established for training such personnel concerning the requirements of the Code and enforcement of the Code.

(B)

All personnel, regardless of category or rank, serving in a peacekeeping operation have been trained concerning the requirements of the Code of Conduct and each has been given a personal copy of the Code, translated into the national language of such personnel.

(C)

All personnel, regardless of category or rank, are required to sign an oath that each has received a copy of the Code of Conduct, that each pledges to abide by the Code, and that each understands the consequences of violating the Code, including immediate termination of participation in and permanent exclusion from all current and future peacekeeping operations, as well as the assumption of personal liability for victims compensation as a condition of the appointment to such operation.

(D)

All peacekeeping operations have designed and implemented educational outreach programs to reach local communities where peacekeeping personnel of such operations are based to explain prohibited acts on the part of United Nations peacekeeping personnel and to identify the individual to whom the local population may direct complaints or file allegations of exploitation, abuse, or other acts of misconduct.

(E)

The creation of a centralized data base, including personnel photos and fingerprints, has been completed and is being maintained in the United Nations Department of Peacekeeping Operations that tracks cases of misconduct, including the outcomes of investigations and subsequent prosecutions, to ensure that personnel, regardless of category or rank, who have engaged in misconduct or other criminal activities are permanently barred from participation in future peacekeeping operations.

(F)

A Model Memorandum of Understanding between the United Nations and each Member State that contributes troops to a peacekeeping operation has been adopted by the United Nations Department of Peacekeeping Operations that specifically obligates each such Member State to—

(i)

uphold the uniform Code of Conduct which shall apply equally to all personnel serving in United Nations peacekeeping operations, regardless of category or rank;

(ii)

designate a competent legal authority, preferably a prosecutor with expertise in the area of sexual exploitation and abuse where appropriate, to participate in any investigation into an allegation of misconduct brought against an individual of such Member State;

(iii)

refer to its competent national or military authority for possible prosecution, if warranted, any investigation of a violation of the Code of Conduct or other criminal activity by an individual of such Member State;

(iv)

report to the Department of Peacekeeping Operations on the outcome of any such investigation;

(v)

undertake to conduct on-site court martial proceedings, where practical and appropriate, relating to allegations of misconduct alleged against an individual of such Member State; and

(vi)

assume responsibility for the provision of appropriate assistance to a victim of misconduct committed by an individual of such Member State.

(G)

A professional and independent investigative and audit function has been established within the United Nations Department of Peacekeeping Operations and the OIOS to monitor United Nations peacekeeping operations.

VII

Western Hemisphere Counterterrorism and Nonproliferation Act of 2009

701.

Short title; definitions

(a)

Short title

This title may be cited as the Western Hemisphere Counterterrorism and Nonproliferation Act of 2009.

(b)

Definitions

In this title:

(1)

Appropriate congressional committees

The term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Homeland Security of the House of Representatives; and

(B)

the Committee on Foreign Relations and the Committee on Homeland Security and Governmental Affairs of the Senate.

(2)

Nonhumanitarian assistance

The term nonhumanitarian assistance means—

(A)

any assistance under the Foreign Assistance Act of 1961 (including programs under title IV of chapter 2 of part I of such Act, relating to the Overseas Private Investment Corporation), other than—

(i)

disaster relief assistance, including any assistance under chapter 9 of part I of such Act;

(ii)

assistance which involves the provision of food (including monetization of food) or medicine; and

(iii)

assistance for refugees;

(B)

sales, or financing on any terms, under the Arms Export Control Act; and

(C)

financing under the Export-Import Bank Act of 1945.

(3)

State sponsor of terrorism

The term state sponsor of terrorism means a country the government of which has been determined by the Secretary of State, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism.

A

Counterterrorism in the Western Hemisphere

711.

Statement of policy regarding regional efforts to counter terrorism in the Western Hemisphere

To enhance the security of the Western Hemisphere and bolster regional capacity to counter terrorism, it shall be the policy of the United States to promote the signing, ratification, and implementation by all countries in the Western Hemisphere of the following:

(1)

OAS AG/RES. 1840 (XXXII–O/02) Inter-American Convention Against Terrorism.

(2)

Financial Action Task Force (FATF) 40 Recommendations on Money Laundering (ML) and 9 Special Recommendations (SR) on Terrorist Financing (TF).

(3)

The 1963 ICAO Convention on Offences and Certain Other Acts Committed on Board Aircraft.

(4)

The 1970 ICAO Convention for the Suppression of Unlawful Seizure of Aircraft.

(5)

The 1971 ICAO Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.

(6)

The 1973 United Nations Convention on the Prevention and Punishment of Crimes Against Internationally Protected Person, including Diplomatic Agents.

(7)

The 1979 United Nations International Convention Against the Taking of Hostages.

(8)

The 1988 ICAO Protocol for the Suppression of Unlawful Acts of Violence at Airports Serving International Civil Aviation, Supplementary to the Convention for the Suppression of Unlawful Acts Against the Safety of Civil Aviation.

(9)

The 1988 IMO Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation.

(10)

The 1988 IMO Protocol for the Suppression of Unlawful Acts against the Safety of Fixed Platforms Located on the Continental Shelf.

(11)

The 1991 ICAO Convention on the Marking of Plastic Explosives for the Purpose of Detection.

(12)

The 1997 United Nations International Convention for the Suppression of Terrorist Bombings.

(13)

The 1999 United Nations International Convention for the Suppression of the Financing of Terrorism.

(14)

The 2001 United Nations S/Res/1373 Creation of Counter Terrorism Committee (CTC).

(15)

The 2005 United Nations S/Res/1624 Prohibition of incitement to commit terrorist act or acts.

712.

Amendments to annual country reports on terrorism

Section 140(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (22 U.S.C. 2656f(b)) is amended—

(1)

in paragraph (4)(D), by striking and at the end;

(2)

in paragraph (5), by striking the period at the end and inserting ; and;

(3)

by redesignating the second paragraph (3) and the second paragraph (4) as paragraphs (6) and (7), respectively;

(4)

in paragraph (6), as so redesignated, by striking and at the end;

(5)

in paragraph (7), as so redesignated, by striking the period at the end; and

(6)

by adding after such paragraph (7) the following new paragraphs:

(8)

a comprehensive assessment of all United States assistance available to combat terrorism in each country that is a subject of such report; and

(9)

with respect to countries in the Western Hemisphere that are the subjects of such report, the level in each such country of threat posed by radical Islamist terrorism.

.

713.

Amendments to annual determination procedures

Section 706 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2291j–1) is amended—

(1)

in paragraph (2)—

(A)

in subparagraph (A)(ii); by striking and at the end;

(B)

by redesignating subparagraph (B) as subparagraph (C);

(C)

by inserting after subparagraph (A) the following new subparagraph:

(B)

designate each country, if any, identified in such report in which a link has been determined to exist between illicit drug trafficking and a designated foreign terrorist organization and that has failed demonstrably, during the previous 12 months, to make substantial efforts—

(i)

to adhere to its obligations under international counterterrorism agreements; and

(ii)

to implement effective counterterrorism measures, including action on such issues as the rule of law, denying safe haven to terrorists, financing and money laundering, and law enforcement; and

; and

(D)

in subparagraph (C), as so redesignated, by inserting before the period at the end the following: under subparagraph (A) or (B);

(2)

in paragraph (3)—

(A)

in subparagraph (A), by striking or at the end;

(B)

in subparagraph (B)(ii), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following new subparagraph:

(C)

subsequent to the designation being made under paragraph (2)(B), the country has made substantial efforts—

(i)

to adhere to its obligations under international counterterrorism agreements; and

(ii)

to implement effective counterterrorism measures, including action on such issues as the rule of law, denying safe haven to terrorists, financing and money laundering, and law enforcement.

;

(3)

by redesignating paragraph (8) as paragraph (9); and

(4)

by inserting after paragraph (7) the following new paragraph:

(8)

Bilateral agreements

If a country designated under subparagraphs (A) and (B) of paragraph (2) does not receive a determination under subparagraphs (B) or (C) of paragraph (3), the Secretary of State shall negotiate with such country a bilateral agreement describing actions to be taken by the United States and such country to satisfy such determinations during the one year period following such a designation. Such a bilateral agreement should include a needs assessment, a bilateral action plan, the provision of United States training and assistance, the use of International Law Enforcement Academy facilities in the region, and an exchange of model laws and best practices.

.

714.

Amendment to international narcotics control strategy report

Section 489(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2291h(a)) is amended by adding at the end the following new paragraph:

(9)

A separate section that contains information relating to any links between illicit narcotics trafficking or money laundering and terrorists, terrorist acts, or designated foreign terrorist organizations (as such term is used in section 219 of the Immigration and Nationality Act (8 U.S.C. 1189)), and any actions taken by the United States Government or foreign government to address such links.

.

715.

United States efforts in the Western Hemisphere

(a)

Determination

For any country in the Western Hemisphere that the President has determined—

(1)

is engaged in military cooperation with a state sponsor of terrorism,

(2)

is engaged in nonmarket-based trade with a state sponsor of terrorism,

(3)

is carrying out policies that threaten United States national security interests, or

(4)

is not fully cooperating with United States counterterrorism or nonproliferation efforts,

the President is authorized to impose any of the sanctions described in subsection (b).
(b)

Sanctions

For any country in the Western Hemisphere with respect to which the President has made a determination in accordance with subsection (a), the President is authorized to—

(1)

suspend United States nonhumanitarian foreign assistance to the government of that country; and

(2)

prohibit the sale, provision, or transfer of articles, including the issuance of any specific license or grant of any other specific permission or authority to export any goods or technology under—

(A)

the Export Administration Act of 1979;

(B)

the Arms Export Control Act;

(C)

the Atomic Energy Act of 1954; or

(D)

any other statute that requires the prior review and approval of the United States Government as a condition for the export or re-export of goods or services.

716.

International Law Enforcement Academy in San Salvador, El Salvador

(a)

Sense of Congress

It is the sense of Congress that the International Law Enforcement Academy (ILEA) in San Salvador, El Salvador, should continue to serve as a critical component of United States regional counterterrorism efforts.

(b)

Negotiation

The Secretary of State shall negotiate with the appropriate agency entities to ensure that counterterrorism, including radical Islamist extremism within the Western Hemisphere, nonproliferation, and border security courses are instituted as part of the core curriculum at the International Law Enforcement Academy in San Salvador.

(c)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to—

(1)

complete all physical aspects of the ILEA facility in San Salvador; and

(2)

implement the ILEA Global Network.

717.

Actions regarding the Organization of American States

(a)

Declaration regarding terrorism

The Secretary of State shall direct the United States Representative to the Organization of American States (OAS) to use the voice, vote, and influence of the United States at the OAS to move for a declaration at the first meeting of Member States of the OAS convened after the date of the enactment of this Act calling on countries to systematically deny the use of their territories by terrorists or terrorist organizations.

(b)

Reduction in United States contribution

(1)

In general

The Secretary of State shall reduce by 50 percent the amount of the United States assessed contribution to the OAS for fiscal year 2009 and each subsequent fiscal year.

(2)

Use of funds

(A)

In general

Of the amount reduced pursuant to paragraph (1), not less than ten percent of such amount shall be added to United States voluntary contributions to each of the organizations specified in subparagraph (B) and the remaining amount shall be used to establish and maintain the Western Hemisphere Regional Coordination Centers under section 731.

(B)

Organizations specified

The organizations referred to in subparagraph (A) are the following:

(i)

The OAS Inter-American Committee Against Terrorism (CICTE).

(ii)

The OAS Inter-American Drug Abuse Control Commission (CICAD).

718.

Amendment to Department of State Rewards Program

Section 36(b) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2708(b)) is amended—

(1)

in paragraph (6), by striking or at the end;

(2)

in paragraph (7)(B), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following new paragraph:

(8)

the arrest or conviction in any country of any individual wanted on terrorism charges pursuant to red notices duly issued by Interpol, if such reward would help advance United States interests or the interests of United States allies in the global struggle against international terrorism.

.

B

Nonproliferation of nuclear, chemical, and biological weapons in the Western Hemisphere

721.

Statement of policy regarding the proliferation of weapons-related nuclear, chemical, and biological materials, technology, and facilities

(a)

In general

To enhance the prevention of the proliferation of weapons-related nuclear, chemical, and biological materials, technology, and facilities, it shall be the policy of the United States to—

(1)

promote the negotiation and implementation by all countries of—

(A)

a comprehensive safeguards agreement with the International Atomic Energy Agency (IAEA); and

(B)

an Additional Protocol to the safeguards agreement;

(2)

secure guarantees by all countries of unrestricted access by IAEA personnel to all nuclear-related materials and facilities in territories under the control of the host country;

(3)

promote the implementation by all countries of United Nations Security Council Resolution 1540; and

(4)

promote the accession to and ratification and implementation of—

(A)

the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction (also referred to as the Chemical Weapons Convention);

(B)

the 1980 IAEA Convention on the Physical Protection of Nuclear Material;

(C)

the 2005 United Nations International Convention for the Suppression of Acts of Nuclear Terrorism; and

(D)

the Convention on the Prohibition of the Development and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (also referred to as the Biological Weapons Convention).

(b)

Additional Protocol defined

In this section, the term Additional Protocol means the Protocol Additional to an agreement between a country and the International Atomic Energy Agency for the Application of Safeguards.

722.

Statement of policy regarding the small quantities protocol

Because a Small Quantities Protocol (SQP) sets aside many of the operative provisions of a general safeguards agreement, the ability of the IAEA to verify that nuclear materials and facilities in a country with an SQP are not being diverted for illicit purposes is significantly impaired. For this reason, it shall be the policy of the United States to—

(1)

oppose the negotiation by the IAEA of an SQP for any country that did not have an SQP as of January 1, 2008; and

(2)

encourage every country with an SQP to withdraw formally from or renegotiate that agreement for the purpose of increasing transparency and eliminating any exemption or provision that could restrict the ability of the IAEA to verify that a country’s nuclear materials and facilities are not being diverted to impermissible uses.

723.

Securing adherence to agreements regarding nuclear nonproliferation by countries in the Western Hemisphere

(a)

In general

The President shall use all available political, economic, and diplomatic tools to ensure that each country in the Western Hemisphere—

(1)

has signed and implemented a comprehensive safeguards agreement with the IAEA;

(2)

has signed and implemented an Additional Protocol to its safeguards agreement;

(3)

guarantees unrestricted access for IAEA personnel to all nuclear-related facilities;

(4)

has implemented the provisions of United Nations Security Council Resolution 1540;

(5)

has acceded to, ratified, and fully implemented the conventions referred to in section _22(a)(4);

(6)

does not negotiate with the IAEA an SQP if that country did not have an SQP as of January 1, 2008; and

(7)

withdraws formally from or renegotiates an SQP agreement if a country has such an agreement.

(b)

Sanctions

For any Western Hemisphere country that has not satisfied all of the requirements specified in subsection (a), the President is authorized to—

(1)

suspend United States nonhumanitarian foreign assistance to the government of that country; and

(2)

prohibit the sale, provision, or transfer of articles, including the issuance of any specific license or grant of any other specific permission or authority to export any goods or technology under—

(A)

the Export Administration Act of 1979;

(B)

the Arms Export Control Act;

(C)

the Atomic Energy Act of 1954; or

(D)

any other statute that requires the prior review and approval of the United States Government as a condition for the export or re-export of goods or services.

724.

Halting the proliferation of nuclear fuel fabrication

(a)

Statement of policy

It shall be the policy of the United States to oppose the development or acquisition by any country of a capacity to fabricate nuclear fuel if such country did not have such capacity as of January 1, 2008.

(b)

Prevention of capacity To fabricate nuclear fuel

The President shall use all available political, economic, and diplomatic tools, and shall use the voice, vote, and influence of the United States in all international organizations and associations of which it is a member, including the IAEA and the Nuclear Suppliers Group, to prevent the development or acquisition by any country of a capacity to fabricate nuclear fuel if such country did not have such capacity as of January 1, 2008.

(c)

Nuclear technical cooperation with the IAEA

The President shall direct the United States Permanent Representative to the IAEA to use the voice, vote, and influence of the United States at the IAEA to block the allocation of funds for any IAEA development, environmental, or nuclear science assistance or activity to a country the government of which—

(1)

the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or other provision of law, is a government that has repeatedly provided support for acts of international terrorism;

(2)

is actively cooperating with a government as described in paragraph (1);

(3)

is under investigation for a breach of or noncompliance with its IAEA obligations or the purposes and principles of the Charter of the United Nations; or

(4)

is in violation of its IAEA obligations or the purposes and principles of the Charter of the United Nations.

725.

Cooperation with the Proliferation Security Initiative

(a)

Findings

Congress finds the following:

(1)

From its inception on May 31, 2003, the Proliferation Security Initiative, also referred to as the PSI, has repeatedly demonstrated its effectiveness in preventing the proliferation of weapons of mass destruction.

(2)

In his February 11, 2004, address at the National Defense University regarding additional measures to enhance global efforts against the proliferation of weapons of mass destruction President Bush proposed that the work of the Proliferation Security Initiative be expanded to address more than shipments and transfers. Building on the tools we've developed to fight terrorists, we can take direct action against proliferation networks. We need greater cooperation not just among intelligence and military services, but in law enforcement, as well. PSI participants and other willing nations should use the Interpol and all other means to bring to justice those who traffic in deadly weapons, to shut down their labs, to seize their materials, to freeze their assets. We must act on every lead. We will find the middlemen, the suppliers and the buyers..

(3)

The number of countries participating in PSI has steadily increased, thereby greatly enhancing its effectiveness.

(4)

Many countries in the Western Hemisphere formally or informally cooperate with the PSI.

(5)

Expanded law enforcement cooperation throughout the Western Hemisphere, including by means of greater coordination of policies, improved communications, and enhanced capabilities would significantly promote the objectives of the PSI.

(b)

Sense of Congress concerning strengthening cooperation regarding nonproliferation

It is the sense of Congress that—

(1)

it is in the national security interest of the United States to establish comprehensive cooperation to prevent the proliferation of nuclear, chemical, and biological materials in the Western Hemisphere; and

(2)

the Secretary of State should seek to secure the formal or informal cooperation by Western Hemisphere countries for the purpose of securing the goals of the Proliferation Security Initiative announced by the President on May 31, 2003.

726.

Establishment of the Western Hemisphere Nonproliferation Partnership Initiative

(a)

In general

The Secretary of State is authorized, in consultation with relevant United States Government agencies, to negotiate with the leaders of the governments of countries in the Western Hemisphere on a bilateral or multilateral basis, as appropriate, international agreements under which such governments work in partnership to establish an initiative to be known as the Western Hemisphere Nonproliferation Partnership Initiative (NPI).

(b)

Purpose

(1)

In general

The NPI shall—

(A)

encourage the establishment of contacts and cooperative relationships, including the sharing of intelligence, between the responsible individuals and agencies of each participant country with their counterparts in the United States Government and in other participating countries; and

(B)

encourage bilateral and multilateral support, cooperation, and coordination of national programs and efforts to promote effective and in-depth cooperation to counter the illicit acquisition or trade of weapons-related nuclear, chemical, or biological materials, technology, or facilities.

(2)

Cooperative programs

The cooperative programs referred to under paragraph (1)(B) shall include the following:

(A)

Training for government officials and agents from participating countries regarding the development and operation of NPI programs.

(B)

Assistance in developing a comprehensive legal and regulatory framework in each country, as appropriate, to enable the establishment and effective implementation of export controls and the capacity to track nuclear, chemical, and biological materials, equipment, technology, and facilities.

(C)

Provision of equipment, development of infrastructure, and the acquisition of other resources required by participating countries to effectively carry out the tasks referred to in subparagraphs (A) and (B).

727.

Prohibited transactions

(a)

In general

No defense article or defense service may be sold or licensed for export under this title in a fiscal year to a foreign country that the President determines and certifies to Congress, not later than May 15 of the calendar year in which such fiscal year begins, is carrying out policies aimed at undermining United States national security interests or is not cooperating fully with United States nonproliferation efforts.

(b)

Waiver

The President may waive the prohibition under subsection (a) with respect to a specific transaction if the President determines that such transaction is important to the national security interests of the United States.

728.

Restrictions on nuclear cooperation with countries assisting the nuclear program of Venezuela or Cuba

(a)

In general

Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States and the government of any country that is assisting the nuclear program of Venezuela or Cuba or transferring advanced conventional weapons or missiles to Venezuela or Cuba may be submitted to the President or to Congress pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153), no such agreement may enter into force with such country, no license may be issued for export directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, and no approval may be given for the transfer or retransfer directly or indirectly to such country of any nuclear material, facilities, components, or other goods, services, or technology that would be subject to such agreement, until the President determines and reports to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate that the government of the country that is assisting the nuclear program of Venezuela or Cuba or transferring advanced conventional weapons or missiles to Venezuela or Cuba—

(1)

has suspended all nuclear assistance to Venezuela or Cuba and all transfers of advanced conventional weapons and missiles to Venezuela or Cuba; and

(2)

is committed to maintaining such suspension until Venezuela or Cuba has implemented measures that would permit the President to make the determination described in paragraph (1).

(b)

Rules of construction

The restrictions described in subsection (a)—

(1)

shall apply in addition to all other applicable procedures, requirements, and restrictions required by the Atomic Energy Act of 1954 and any other law; and

(2)

shall not be construed as affecting the validity of agreements for cooperation that are in effect on the date of the enactment of this Act.

(c)

Definitions

In this section:

(1)

Agreement for cooperation

The term agreement for cooperation has the meaning given that term in section 11 b. of the Atomic Energy Act of 1954 (42 U.S.C. 2014 b.).

(2)

Assisting the nuclear program of Venezuela or Cuba

The term assisting the nuclear program of Venezuela or Cuba means the intentional transfer to Venezuela or Cuba by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of such government, of goods, services, or technology listed on the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 3/Part 1, and subsequent revisions) or Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIR/254/Rev. 3/Part 2, and subsequent revisions).

(3)

Country that is assisting the nuclear program of Venezuela or Cuba or transferring advanced conventional weapons or missiles to Venezuela or Cuba

The term country that is assisting the nuclear program of Venezuela or Cuba or transferring advanced conventional weapons or missiles to Venezuela or Cuba means—

(A)

Russia; and

(B)

any other country determined by the President to be assisting the nuclear program of Venezuela or Cuba or transferring advanced conventional weapons or missiles to Venezuela or Cuba.

(4)

Transferring advanced conventional weapons or missiles to Venezuela or Cuba

The term transferring advanced conventional weapons or missiles to Venezuela or Cuba means the intentional transfer to Venezuela or Cuba by a government, or by a person subject to the jurisdiction of a government with the knowledge and acquiescence of such government, of goods, services, or technology listed on—

(A)

the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions; or

(B)

the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions.

C

Western Hemisphere Regional Coordination Centers

731.

Establishment of the Western Hemisphere Regional Coordination Centers

(a)

Sense of Congress

It is the sense of Congress that—

(1)

the United States Government should carry out a comprehensive and integrated approach to United States counterterrorism and nonproliferation efforts, both domestically and abroad; and

(2)

the Secretary of State should seek to engage leaders of the governments of countries in the Western Hemisphere to develop a comprehensive multilateral strategy to counter current and emerging threats and prevent the proliferation of nuclear, chemical, and biological weapons.

(b)

Purpose

Western Hemisphere Regional Coordination Centers shall serve as joint operational facilities dedicated to coordinating efforts, capacity, and intelligence among participating countries to counter current and emerging threats and prevent the proliferation of nuclear, chemical, and biological weapons throughout the Western Hemisphere.

(c)

Establishment

The Secretary of State shall negotiate with the leaders of the governments of countries in the Western Hemisphere on a bilateral or multilateral basis, as appropriate, international agreements under which such governments work in partnership to establish centers to be known as the Western Hemisphere Regional Coordination Centers (RCC).

(d)

Cooperation with governments in the Western Hemisphere

(1)

In general

The Secretary of State shall negotiate with—

(A)

the governments of countries in Central and South America agreements for the establishment of one RCC in a country in Central America and one RCC in a country in South America; and

(B)

the Government of Brazil, the Government of Argentina, and the Government of Paraguay an agreement for the establishment of a RCC specifically in the tri-border area.

(2)

Coordination

The Secretary of State shall negotiate with the leaders of the governments of countries in the Western Hemisphere on a bilateral or multilateral basis, as appropriate, agreements under which a method is established for staffing parallel representatives, from each participating country or region, for each United States agency represented at the relevant RCC.

(e)

Participation of United States Government agencies

(1)

In general

The Secretary of State, in consultation with the Director of National Intelligence and the Secretary of Defense, shall determine which departments and agencies of the United States Government, including the Department of Defense, the Department of Energy, the Department of Homeland Security, the Department of the Treasury, the Department of Justice, the Drug Enforcement Agency, and the Federal Bureau of Investigation, are necessary to ensure the establishment and operation of the RCCs. The Secretary of State, in consultation with the Director of National Intelligence and the Secretary of Defense, shall negotiate agreements with the heads of such agencies to ensure their full participation and cooperation in such establishment and operation.

(2)

Assignment of regional attaches and advisors

The Secretary of State shall transfer to appropriate RCCs regional attaches and advisors serving at United States diplomatic and consular missions in the Western Hemisphere.

(f)

Structure

(1)

Management of the RCCs

The Secretary of State, in consultation with the Director of National Intelligence and the Secretary of Defense, shall be responsible for the management of the RCCs, including development of the budget, priorities, and programs of the RCCs.

(2)

Staffing and duties

Each RCC shall have one United States Director, at least one but not more than two United States Deputy Directors, and one host country General Director. The United States Director and United States Deputy Directors may be employees of any of the United States national security agencies and shall be chosen by the Secretary of State, in consultation with the Director of National Intelligence and Secretary of Defense. The Director and Deputy Directors of each RCC shall keep the Chief of Mission of the United States Embassies in the host country of such RCC fully informed of activities and operations of such RCC.

(3)

RCC Policy Board

(A)

Establishment

There is established the RCC Policy Board.

(B)

Composition

The RCC Policy Board shall be comprised of senior representatives from the departments and agencies determined by the Secretary of State, in consultation with the Director of National Intelligence and the Secretary of Defense, to be necessary to ensure the establishment and operation of the RCCs in accordance with subsection (e).

(C)

Duties

The Policy Board shall monitor and provide guidance and oversight for the RCCs to ensure that their operations are consistent with United States foreign policy and law enforcement goals.

(D)

Meetings

The Policy Board shall meet bi-monthly and shall be co-chaired by officers from the Office of the Coordinator for Counterterrorism of the Department of State and the National Counterterrorism Center of the Office of the Director of National Intelligence.

732.

Regional Security Initiative

(a)

Sense of Congress

It is the sense of Congress that the Latin America Regional Strategic Initiative (RSI) should serve as a critical component of United States regional counterterrorism and nonproliferation efforts.

(b)

Participation with the RCCs

The Latin America RSI shall conduct at least one inter-agency meeting at one of the three RCCs each fiscal year. The Director, a Deputy Director, or both, of each RCC shall participate in all RSI meetings organized by the Department of State.

(c)

Report

Not later than 45 days after the conclusion of each RSI meeting, the Secretary of State shall submit to the appropriate congressional committees a report, which shall include a classified annex if necessary, that describes—

(1)

the defined objectives of the RSI;

(2)

the extent to which such objectives have been achieved;

(3)

the steps taken by the United States to accomplish such objectives;

(4)

the extent of cooperation by other countries in the Western Hemisphere toward achieving such objectives; and

(5)

the steps the United States will take in the subsequent months to accomplish such objectives.

733.

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary for each of fiscal years 2010 and 2011 and each subsequent fiscal year to carry out this subtitle.

D

Prohibitions on engagement with certain Western Hemisphere countries

741.

Prohibitions on engagement with certain Western Hemisphere countries

Nothing in this title shall be construed as weakening or removing any prohibitions on United States engagement with or assistance to any country in the Western Hemisphere that the Secretary of State has designated as a state sponsor of terrorism for a minimum of three consecutive years.

E

Report

751.

Report

(a)

In general

Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report on the activities carried out to achieve the objectives described in subtitles B and C that describe—

(1)

the extent to which each such objective has been achieved;

(2)

the steps taken by the United States and countries in the Western Hemisphere in the preceding calendar year to accomplish such objectives;

(3)

the extent of cooperation by other countries in the Western Hemisphere toward achieving such objectives; and

(4)

the steps the United States will take in the current calendar year to accomplish such objectives.

(b)

Preparation and form of report

The report required under subsection (a) shall rely on public information to the extent possible, and shall include a classified annex, if necessary.

VIII

Export Control Reform and Security Assistance

A

Defense Trade Controls Performance Improvement Act of 2009

801.

Short title

This subtitle may be cited as the Defense Trade Controls Performance Improvement Act of 2009.

802.

Findings

Congress finds the following:

(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.

(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.

(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.

(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.

(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.

(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.

(7)

In the report to Congress required by the Conference Report (Report 109–272) accompanying the bill, H.R. 2862 (the Science, State, Justice, Commerce and Related Agencies Appropriations Act, 2006; Public Law 109–108), the Department of State concluded that—

(A)

defense trade licensing has become much more complex in recent years as a consequence of the increasing globalization of the defense industry;

(B)

the most important challenge to the Department of State’s licensing process has been the sheer growth in volume of applicants for licenses and agreements, without the corresponding increase in licensing officers; and

(C)

the increase in licensing volume without a corresponding increase in trained and experienced personnel has resulted in delays and increased processing times.

(8)

In 2006, the Department of State processed over three times as many licensing applications as the Department of Commerce with about a fifth of the staff of the Department of Commerce.

(9)

On July 27, 2007, in testimony delivered to the Subcommittee on Terrorism, Nonproliferation and Trade of the Committee on Foreign Affairs of the House of Representatives to examine the effectiveness of the United States export control regime, the Government Accountability Office found that—

(A)

the United States Government needs to conduct assessments to determine its overall effectiveness in the area of arms export control; and

(B)

the processing times of the Department of State doubled over the period from 2002 to 2006.

(10)
(A)

Allowing a continuation of the status quo in resources for defense trade licensing could 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.

(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.

(11)

According to the Department of State’s fiscal year 2008 budget justification to Congress, commercial exports licensed or approved under the Arms Export Control Act exceeded $30,000,000,000, with nearly eighty percent of these items exported to United States NATO allies and other major non-NATO allies.

(12)

A Government Accountability Office report of October 9, 2001 (GAO–02–120), documented 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.

(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.

803.

Strategic review and assessment of the United States export controls system

(a)

Review and assessment

(1)

In general

Not later than March 31, 2010, the President shall conduct a comprehensive and systematic review and assessment of the United States arms export controls system in the context of the national security interests and strategic foreign policy objectives of the United States.

(2)

Elements

The review and assessment required under paragraph (1) shall—

(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;

(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;

(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;

(D)

determine the overall effect of arms export controls on counterterrorism, law enforcement, and infrastructure protection missions of the Department of Homeland Security;

(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;

(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—

(i)

data on—

(I)

commodities sought, such as M–4 rifles, night vision devices, F–14 spare parts;

(II)

parties involved, such as the intended end-users, brokers, consignees, and shippers;

(III)

attempted acquisition of technology and technical data critical to manufacture items on the United States Munitions List;

(IV)

destination countries and transit countries;

(V)

modes of transport;

(VI)

trafficking methods, such as use of false documentation and front companies registered under flags of convenience;

(VII)

whether the attempted illicit transfer was successful; and

(VIII)

any administrative or criminal enforcement actions taken by the United States and any other government in relation to the attempted illicit transfer;

(ii)

a thorough evaluation of the Blue Lantern Program, including the adequacy of current staffing and funding levels;

(iii)

a detailed analysis of licensing exemptions and their successful exploitation by unauthorized end-users; and

(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; and

(G)

assess the extent to which export control policies and practices under the Arms Export Control Act promote the protection of basic human rights.

(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).

(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.

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:

(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.

(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.

(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.

(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.

(2)

If an application described in paragraph (1) or (2) of subsection (a) is not processed within 90 days from the date of receipt of the application, then the Assistant Secretary for Political-Military Affairs of the Department of State shall—

(A)

review the status of the application to determine if further action is required to process the application; and

(B)

submit to the appropriate congressional committees a notification of the review conducted under subparagraph (A), including a description of the application, the reason for delay in processing the application, and a proposal for further action to process the application.

(3)

For each calendar year, the Managing Director of the Directorate of Defense Trade Controls shall review not less than 2 percent of the total number of applications described in paragraphs (1) and (2) of subsection (a) to ensure that the processing of such applications, including decisions to approve, deny, or return without action, is consistent with both policy and regulatory requirements of the Department of State.

(c)

Statements of policy

(1)

United States allies

Congress states that—

(A)

it shall be the policy of the Directorate of Defense Trade Controls of the Department of State to ensure that, to the maximum extent practicable, the processing time for review of applications described in subsection (a)(1) to export items that are not subject to the requirements of section 36 (b) or (c) of the Arms Export Control Act (22 U.S.C. 2776 (b) or (c)) to United States allies in direct support of combat operations or peacekeeping or humanitarian operations with United States Armed Forces is not more than 7 days from the date of receipt of the application; and

(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.

(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.

(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—

(1)
(A)

the average processing time for and number of applications described in subsection (a)(1) to—

(i)

United States NATO allies, Australia, New Zealand, Japan, South Korea, and Israel;

(ii)

other major non-NATO allies; and

(iii)

all other countries; and

(B)

to the extent practicable, the average processing time for and number of applications described in subsection (b)(1) by item category;

(2)

the average processing time for and number of applications described in subsection (a)(2);

(3)

the average processing time for and number of applications for agreements described in part 124 of title 22, Code of Federal Regulations (relating to the International Traffic in Arms Regulations (other than Manufacturing License Agreements));

(4)

the average processing times for applications for Manufacturing License Agreements;

(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); and

(6)

any advances in technology that will allow the time-frames described in subsection (a)(1) to be substantially reduced.

(e)

Congressional briefings

If, at the end of any month beginning after the date of the enactment of this Act, the total number of applications described in 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).

(f)

Transparency of commodity jurisdiction determinations

(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.

(2)

Publication on Internet Website

The Secretary of State shall—

(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—

(i)

the name of the manufacturer of the item;

(ii)

a brief general description of the item;

(iii)

the model or part number of the item; and

(iv)

the United States Munitions List designation under which the item has been designated, except that—

(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; and

(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; and

(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).

(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.

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.

(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.

(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.

(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.

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.

(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).

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 (22 U.S.C. 2717) is amended—

(1)

in the first sentence—

(A)

by striking For and inserting (a) In general.—For; and

(B)

by striking Office and inserting Directorate;

(2)

by amending the second sentence to read as follows:

(b)

Availability of fees

Fees credited to the account referred to in subsection (a) shall be available only for payment of expenses incurred for—

(1)

management,

(2)

licensing (in order to meet the 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)),

(3)

compliance,

(4)

policy activities, and

(5)

facilities,

of defense trade controls functions.

; and

(3)

by adding at the end the following:

(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.

.

(b)

Conforming amendment

Section 38(b) of the Arms Export Control Act (22 U.S.C. 2778(b)) is amended by striking paragraph (3).

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 Act, the International Traffic in Arms Regulations and the United States Munitions List to determine those technologies and goods that warrant different or additional controls.

(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.

(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.

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 (22 U.S.C. 2778) is amended by adding at the end the following:

(k)

Special licensing authorization for certain exports to NATO member states, Australia, Japan, New Zealand, Israel, and South Korea

(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.

(B)

An authorization may be issued under subparagraph (A) only if the applicable government of the country described in subparagraph (A), acting through the applicant for the authorization, certifies that—

(i)

the export of spare and replacement parts or components supports a defense item previously lawfully exported;

(ii)

the spare and replacement parts or components will be transferred to a defense agency of a country described in subparagraph (A) that is a previously approved end-user of the defense items and not to a distributor or a foreign consignee of such defense items;

(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;

(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);

(v)

the export of spare and replacement parts or components will be effected using the freight forwarder designated by the purchasing country’s diplomatic mission as responsible for handling transfers under chapter 2 of this Act as required under regulations; and

(vi)

the spare and replacement parts or components to be exported under the special licensing authorization are specifically identified in the application.

(C)

An authorization may not be issued under subparagraph (A) for purposes of establishing offshore procurement arrangements or producing defense articles offshore.

(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—

(I)

with respect to which—

(aa)

United States-origin content costs constitute at least 85 percent of the total content costs;

(bb)

United States manufacturing costs constitute at least 85 percent of the total manufacturing costs; and

(cc)

foreign content, if any, is limited to content from countries eligible to receive exports of items on the United States Munitions List under the International Traffic in Arms Regulations (other than de minimis foreign content);

(II)

that were last substantially transformed in the United States; and

(III)

that are not—

(aa)

classified as significant military equipment; or

(bb)

listed on the Missile Technology Control Regime Annex.

(ii)

For purposes of clause (i)(I) (aa) and (bb), the costs of non-United States-origin content shall be determined using the final price or final cost associated with the non-United States-origin content.

(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).

(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).

.

(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.

810.

Availability of information on the status of license applications under chapter 3 of the Arms Export Control Act

Chapter 3 of the Arms Export Control Act (22 U.S.C. 2771 et seq.) is amended by inserting after section 38 the following new section:

38A.

Availability of information on the status of license applications under this chapter

(a)

Availability of information

Not later than one 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.

(b)

Matters To be included

The information referred to in subsection (a) shall be limited to the following:

(1)

The case number of the license application.

(2)

The date on which the license application is received by the Department of State and becomes an open application.

(3)

The date on which the Directorate of Defense Trade Controls makes a determination with respect to the license application or transmits it for interagency review, if required.

(4)

The date on which the interagency review process for the license application is completed, if such a review process is required.

(5)

The date on which the Department of State begins consultations with the congressional committees of jurisdiction with respect to the license application.

(6)

The date on which the license application is sent to the congressional committees of jurisdiction.

.

811.

Sense of Congress

It is the sense of Congress that—

(1)
(A)

the advice provided to the Secretary of State by the Defense Trade Advisory Group (DTAG) supports the regulation of defense trade and helps ensure that United States national 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; and

(B)

therefore, the Secretary of State should share significant planned rules and policy shifts with DTAG for comment; and

(2)

recognizing the constraints imposed on the Department of State by the nature of a voluntary organization such as DTAG, the Secretary of State is encouraged to ensure that members of DTAG are 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.

812.

Definitions

In this subtitle:

(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).

(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 (22 U.S.C. 2321k) as a major non-NATO ally for purposes of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) and the Arms Export Control Act (22 U.S.C. 2751 et seq.).

(3)

Manufacturing license agreement

The term Manufacturing License Agreement means an agreement described in section 120.21 of title 22, Code of Federal Regulations (or successor regulations).

(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)).

(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)).

(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 (22 U.S.C. 2751 et seq.) and the International Traffic in Arms Regulations.

(7)

United States Munitions List; USML

The term United States Munitions List or USML means the list referred to in section 38(a)(1) of the Arms Export Control Act (22 U.S.C. 2778(a)(1)).

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.

B

Provisions Relating to Export Licenses

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 (22 U.S.C. 2751 et seq.) not later than 15 days after the date on which the directive has been signed or authorized by the President.

(b)

Transition provision

Each Presidential 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.

(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.

822.

Increase in value of defense articles and services for congressional review and expediting congressional review for Israel

(a)

Foreign military sales

(1)

In general

Section 36(b) of the Arms Export Control Act (22 U.S.C. 2776(b)) is amended—

(A)

in paragraph (1)—

(i)

by striking $50,000,000 and inserting $100,000,000;

(ii)

by striking $200,000,000 and inserting $300,000,000;

(iii)

by striking $14,000,000 and inserting $25,000,000; and

(iv)

by striking The letter of offer shall not be issued and all that follows through enacts a joint resolution and inserting the following:

(2)

The letter of offer shall not be issued—

(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, or

(B)

with respect to a proposed sale of any defense articles or services under this Act for $100,000,000 or more, any design and 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,

enacts a joint resolution

; and

(B)

by redesignating paragraphs (2) through (6) as paragraphs (3) through (7), respectively.

(2)

Technical and conforming amendments

Section 36 of the Arms Export Control Act (22 U.S.C. 2776) is amended—

(A)

in subsection (b)—

(i)

in paragraph (6)(C), as redesignated, by striking Subject to paragraph (6), if and inserting If; and

(ii)

by striking paragraph (7), as redesignated; and

(B)

in subsection (c)(4), by striking subsection (b)(5) each place it appears and inserting subsection (b)(6).

(b)

Commercial sales

Section 36(c) of the Arms Export Control Act (22 U.S.C. 2776(c)) is amended—

(1)

in paragraph (1)—

(A)

by striking Subject to paragraph (5), in and inserting In;

(B)

by striking $14,000,000 and inserting $25,000,000; and

(C)

by striking $50,000,000 and inserting $100,000,000;

(2)

in paragraph (2)—

(A)

in subparagraph (A)—

(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)”; and

(ii)

by striking Organization, and inserting Organization (NATO), and by further striking that Organization and inserting NATO; and

(B)

in subparagraph (C), by inserting after “license” the following: “for an export of any major defense equipment sold under a contract in the amount of $50,000,000 or more or of 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)”; and

(3)

by striking paragraph (5).

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.

(b)

Report

Not later than one year after the date of the enactment of this Act, and annually thereafter for 4 years, the President shall transmit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on United States diplomatic efforts described in subsection (a).

824.

Reporting requirement for unlicensed exports

Section 655(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2415(b)) is amended—

(1)

in paragraph (2), by striking or at the end;

(2)

in paragraph (3), by striking the period at the end and inserting ; or; and

(3)

by adding at the end the following:

(4)

were exported without a license under section 38 of the Arms Export Control Act (22 U.S.C. 2778) pursuant to an exemption established under the International Traffic in Arms Regulations, other than defense articles exported in furtherance of a letter of offer and acceptance under the Foreign Military Sales program or a technical assistance or manufacturing license agreement, including the specific exemption provision in the regulation under which the export was made.

.

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 (22 U.S.C. 2778) is amended by adding at the end the following:

(k)

Report

(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.

(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 section 1105 of title 31, United States Code.

.

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 (22 U.S.C. 2778(f)).

(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.

(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 (22 U.S.C. 2778(a)(1)).

(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.

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 (22 U.S.C. 2753) with respect to misuse of United States-origin defense items to determine whether the Department of State has fully complied with the requirements of such section, as well as its own internal procedures (and whether such procedures are adequate), for reporting to Congress any information regarding the unlawful use or transfer of United States-origin defense articles, defense services, and technology by foreign countries, as required by such section.

(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.

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.

829.

Clarification of certification requirement relating to Israel’s qualitative military edge

Section 36(h)(1) of the Arms Export Control Act (22 U.S.C. 2776(h)(1)) is amended by striking a determination and inserting an unclassified determination.

830.

Expediting congressional defense export review period for Israel

The Arms Export Control Act (22 U.S.C. 2751 et seq.) is amended—

(1)

in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 36(b)(2), 36(c)(2)(A), 36(d)(2)(A), 62(c)(1), and 63(a)(2) by inserting “Israel,” before “or New Zealand”; and

(2)

in section 3(b)(2), by inserting the Government of Israel, before or the Government of New Zealand.

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 (22 U.S.C. 2778(c)) is amended to read as follows:

(c)

Violations of this section and section 39

(1)

Unlawful acts

It shall be unlawful for any person to violate, attempt to violate, conspire to violate, or cause a violation of any provision of this section or section 39, or any rule or regulation issued under either section, or who, 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.

(2)

Civil penalties

A person who commits an unlawful act described in paragraph (1) shall upon conviction be fined for each violation in an amount not to exceed the greater of—

(A)

$250,000; or

(B)

an amount that is twice the amount of the transaction that is the basis of the violation with respect to which the penalty is imposed.

(3)

Criminal penalties

A person who willfully commits an unlawful act described in paragraph (1) shall upon conviction—

(A)

be fined for each violation in an amount not to exceed $1,000,000, or

(B)

in the case of a natural person, imprisoned for not more than 20 years,

or both.

.

(b)

Mechanisms To identify violators

Section 38(g) of the Arms Export Control Act (22 U.S.C. 2778(g)) is amended—

(1)

in paragraph (1)—

(A)

in subparagraph (A)—

(i)

in the matter preceding clause (i), by inserting or otherwise charged after indictment;

(ii)

in clause (xi), by striking or at the end; and

(iii)

by adding at the end the following:

(xiii)

section 542 of title 18, United States Code, relating to entry of goods by means of false statements;

(xiv)

section 554 of title 18, United States Code, relating to smuggling goods from the United States; or

(xv)

section 1831 of title 18, United States Code, relating to economic espionage.

; and

(B)

in subparagraph (B), by inserting or otherwise charged after indictment; and

(2)

in paragraph (3)(A), by inserting or otherwise charged after indictment.

(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.

C

Miscellaneous provisions

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 counter-terrorism forces in order for that country to—

(1)

conduct counterterrorist operations; or

(2)

participate in or support military and stability operations in which the United States is a participant.

(b)

Types of capacity-building

The program authorized under subsection (a) may include the provision of equipment, supplies, and training.

(c)

Limitations

(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.

(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.

(d)

Formulation and execution of activities

The Secretary of State shall consult with the head of any other appropriate department or agency in the formulation and execution of the program authorized under subsection (a).

(e)

Congressional notification

(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:

(A)

The country whose capacity to engage in activities in subsection (a) will be assisted.

(B)

The budget, implementation timeline with milestones, and completion date for completing the activities.

(2)

Specified congressional committees

The congressional committees specified in this paragraph are the following:

(A)

The Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives.

(B)

The Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(f)

Authorization of appropriations

(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).

(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).

(3)

Availability and reference

Amounts made available to conduct the program authorized under subsection (a)—

(A)

are authorized to remain available until expended; and

(B)

may be referred to as the Security Assistance Contingency Fund.

842.

Foreign Military Sales Stockpile Fund

(a)

In general

Section 51(a) of the Arms Export Control Act (22 U.S.C. 2795(a)) is amended—

(1)

in paragraph (1), by striking Special Defense Acquisition Fund and inserting Foreign Military Sales Stockpile Fund; and

(2)

in paragraph (4), by inserting building the capacity of recipient countries and before narcotics control purposes.

(b)

Contents of Fund

Section 51(b) of the Arms Export Control Act (22 U.S.C. 2795(b)) is amended—

(1)

in paragraph (2), by striking and at the end;

(2)

in paragraph (3), by inserting and at the end; and

(3)

by inserting after paragraph (3) the following:

(4)

collections from leases made pursuant to section 61 of this Act,

.

(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.

(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.

843.

Annual estimate and justification for Foreign Military Sales program

Section 25(a)(1) of the Arms Export Control Act (22 U.S.C. 2765(a)(1)) is amended by striking , together with an indication of which sales and licensed commercial exports and inserting and.

844.

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—

(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 (22 U.S.C. 2751 et seq.), for the period beginning on January 1, 1975, and ending on the date of the enactment of this Act; and

(2)

an analysis of the extent to which, and by what means, each such assurance has been and is continuing to be fulfilled.

(b)

Subsequent reports

(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—

(A)

each assurance described in subsection (a) made on or after the date of the enactment of this Act, or

(B)

revisions to any assurance described in subsection (a) or subparagraph (A) of this paragraph,

within 15 days of the new assurance or revision being conveyed.
(2)

5-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.

(c)

Form

Each report required by this section shall be transmitted in unclassified form, but may contain a classified annex, if necessary.

845.

War Reserves Stockpile

(a)

Department of defense appropriations act, 2005

Section 12001(d) of the Department of Defense Appropriations Act, 2005 (Public Law 108–287; 118 Stat. 1011), is amended by striking 4 and inserting 7.

(b)

Foreign assistance act of 1961

Section 514(b)(2)(A) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking fiscal years 2007 and 2008 and inserting fiscal years 2010 and 2011.

846.

Excess defense articles for Central and South European countries and certain other countries

Section 516(e) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e)) is amended—

(1)

in paragraph (1), by striking paragraph (2) and inserting paragraphs (2) and (3);

(2)

in paragraph (2), in the heading by striking Exception and inserting General exception; and

(3)

by adding at the end the following new paragraph:

(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.

.

IX

Actions to Enhance the Merida Initiative

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.

(b)

Designation of high-level coordinator

(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—

(A)

designing and shaping an overall strategy for the Merida Initiative;

(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;

(C)

ensuring that efforts of the United States Government are in full consonance with the efforts of the countries within the Merida Initiative;

(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, including to the extent possible, tracking information required under the second section 620J of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d) (as added by section 651 of division J of Public Law 110–161) with respect to countries participating in the Merida Initiative; and

(E)

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.

(2)

Rank and status of the coordinator

The Coordinator should have the rank and status of ambassador.

902.

Adding the Caribbean to the Merida Initiative

(a)

Findings

Congress finds the following:

(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.

(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.

(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.

(b)

Consultations

Not later than 60 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.

(c)

Incorporation of CARICOM countries into the Merida Initiative

The President is authorized to incorporate the CARICOM countries into the Merida Initiative.

903.

CARICOM country defined

In this title, the term CARICOM country means a country that has been a full member country of the Caribbean Community (CARICOM) for at least five years or the Dominican Republic, but does not include—

(1)

a country having observer or associate status in CARICOM;

(2)

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; or

(3)

a country that fails to adhere to human rights standards pursuant to sections 116 and 502B(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304).

904.

Merida Initiative monitoring and evaluation mechanism

(a)

Definitions

In this section:

(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.

(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.

(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.

(b)

Sense of Congress

It is the sense of Congress that—

(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;

(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;

(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; and

(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.

(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.

(d)

Requirements

The program required under subsection (c) shall include—

(1)

a delineation of key impact evaluation research and operations research questions for main components of assistance provided under the Merida Initiative;

(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;

(3)

the use of appropriate methods, based on rigorous social science tools, to measure program impact and operational efficiency; and

(4)

adherence to a high standard of evidence in developing recommendations for adjustments to such assistance to enhance the impact of such assistance.

(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).

(f)

Report

(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.

(2)

Matters to be included

The reports required under this subsection shall include the following:

(A)

Findings

Findings related to the impact evaluation research, operation research, and program monitoring of assistance program established under subsection (c).

(B)

Coordination

Efforts of the United States Government to coordinate its activities, including—

(i)

a description of all counternarcotics and organized crime assistance provided to Merida Initiative recipient countries in the previous fiscal year;

(ii)

an assessment of how such assistance was coordinated; and

(iii)

recommendations for improving coordination.

(C)

Transfer of equipment

A description of the transfer of equipment, including—

(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;

(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; and

(iii)

a description of training of law enforcement agencies to operate equipment, including air assets.

(D)

Human rights

In accordance with sections 116(d) and 502B(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n(d) and 2304(b)) and section 504 of the Trade Act of 1974 (19 U.S.C. 2464), an assessment of the human rights impact of the equipment and training provided under the Merida Initiative, including—

(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; and

(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.

(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.

(F)

Mexico public security strategy

A description of Mexico’s development of a public security strategy, including—

(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; and

(ii)

an assessment of how the Merida Initiative complements and supports the Mexican Government’s own public security strategy.

(G)

Central American Regional Security Plan

A description of implementation by the countries of Central America of the Central American Regional Security Plan, including an assessment of how the Merida Initiative complements and supports the Central American Regional Security Plan.

(H)

Use of contractors

A detailed description of contracts awarded to private companies to carry out provisions of the Merida Initiative, including—

(i)

a description of the number of United States and foreign national civilian contractors awarded contracts;

(ii)

a list of the total dollar value of the contracts; and

(iii)

the purposes of the contracts.

(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.

(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.

905.

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.

X

Reporting Requirements

1001.

Report on United States capacities to prevent genocide and mass atrocities

(a)

Statement of policy and strategy required

It is the policy of the United States to make the prevention of genocide and mass atrocities wherever they may occur a national priority. Toward this end, the President, in consultation with Congress, shall develop and promulgate a government wide-strategy for effective early warning and preventive action in situations where genocide or mass atrocities may occur, and strengthen preventive diplomacy capacities within the Department of State to prevent and respond to threats of genocide or mass atrocities.

(b)

Report

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 specific plans for the development of a government-wide strategy for preventing genocide and mass atrocities in accordance with subsection (a).

1002.

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 (22 U.S.C. 2152c(d)(2)) is amended by inserting at the end before the period the following: , including, with respect to a country that produces or exports large amounts of natural resources such as petroleum or natural resources, the degree to which citizens of the country have access to information about government revenue from the extraction of such resources and credible reports of human rights abuses against individuals from civil society or the media seeking to monitor such extraction..

(b)

Effective date

The amendment made by subsection (a) shall apply with respect to reports required to be transmitted under section 133(d)(2) of the Foreign Assistance Act of 1961, as so amended, on or after the date of the enactment of this Act.

1003.

Reports on Hong Kong

Section 301 of the United States-Hong Kong Policy Act of 1992 (Public Law 102–383; 22 U.S.C. 5731) is amended, in the matter preceding paragraph (1), by striking and March 31, 2006 and inserting March 31, 2006, and March 31, 2010, and March 31 of every subsequent year through 2020.

1004.

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. It is further the sense of Congress that United States should continue to affirm the right of Georgia to exercise sovereignty over all of its territory and the United States should urge the European Union, its member-states, and the entire international community to call for an immediate and complete withdrawal by Russia of its troops now deployed within Georgia and an immediate end of all forms of Russia’s support for the separatist regions of Georgia.

(b)

Report on democracy in Georgia

(1)

In general

Not later than 180 days after the date of the enactment of this Act, and not later than December 31 of each of the two fiscal years thereafter, the Secretary of State shall submit to the Committee on Foreign Affairs of the House of Representatives and the Committee on Foreign Relations of the Senate a report on the programs, projects, and activities carried out in Georgia with United States foreign assistance following the August 2008 conflict with Russia and on continuing United States efforts to monitor the security of Georgia, Russian activities in Georgia, and diplomatic efforts to support the sovereignty of Georgia.

(2)

Contents

The report required under paragraph (1) shall include information concerning the following:

(A)

The amount of United States assistance obligated and expended for reconstruction activities for the prior fiscal year.

(B)

A description of the programs funded by such assistance, including humanitarian aid, reconstruction of critical infrastructure, economic development, political and democratic development, and broadcasting.

(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.

(D)

An analysis of the implementation of the United States-Georgia Charter on Strategic Partnership.

(E)

An assessment of the security of Georgia from external attack and internal conflict, including any acts by Russia or elements of its military or other agencies that may violate the sovereignty of Georgia or increase the likelihood of renewed conflict in Georgia.

(F)

The status of United States diplomatic efforts in support of Georgia’s sovereignty, specifically those steps undertaken by the United States to assist Georgia in ensuring those defenses necessary to deter further attacks and steps taken to work with the European Union and its member-states to persuade the Government of Russia to full and immediately withdraw its forces from all of the territory of Georgia and to end all of its forms of support for the separatist regions within Georgia.

1005.

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.

(b)

Report

Not later than 90 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:

(1)

Actions taken by representatives of the United States to encourage other countries to establish full diplomatic relations with Israel.

(2)

Specific responses solicited and received by the Secretary from countries that do not maintain full diplomatic relations with Israel with respect to their attitudes toward and plans for entering into diplomatic relations with Israel.

(3)

Other measures being undertaken, and measures that will be undertaken, by the United States to ensure and promote Israel’s full participation in the world diplomatic community.

(c)

Form of submission

The report required under subsection (b) may be submitted in classified or unclassified form, as the Secretary determines appropriate.

1006.

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 Congress a report on current overseas civilian police training in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife.

(b)

Contents

The report required under subsection (a) shall contain information on the following:

(1)

The coordination, communication, program management, and policy implementation among the United States civilian police training programs in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife.

(2)

The number of private contractors conducting such training, and the quality and cost of such private contractors.

(3)

An assessment of pre-training procedures for verification of police candidates to adequately assess their aptitude, professional skills, integrity, and other qualifications that are essential to law enforcement work.

(4)

An analysis of the practice of using existing Federal police entities to provide civilian police training in countries or regions that are at risk of, in, or are in transition from, conflict or civil strife, along with the subject matter expertise that each such entity may provide to meet local needs in lieu of the use of private contractors.

(5)

Provide recommendations, including 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.

1007.

Review of security assistance for Egypt

(a)

Declaration of policy

It shall be the policy of the United States to use its foreign assistance for Egypt, including assistance under the Foreign Military Financing Program, to encourage the advancement of political, economic, and religious liberty in Egypt.

(b)

Review of security assistance for Egypt

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall conduct a study and submit to the appropriate congressional committees a report on United States security assistance to the Government of Egypt.

(2)

Contents

The report submitted under paragraph (1) shall contain—

(A)

a description of the strategic objectives of the United States regarding the provision of security assistance and security cooperation programs to the Government of Egypt;

(B)

biennial outlays for United States assistance to the Government of Egypt for the purposes of strategic planning, training, provision of equipment, and construction of facilities, including funding streams;

(C)

a description of vetting and end-user monitoring systems in place by both the Government of Egypt and the United States for defense articles and training provided by the United States, including human rights vetting; and

(D)

recommendations, including required resources and actions to maximize the effectiveness of United States security assistance to the Government of Egypt.

(3)

Coordination

The report submitted under paragraph (1) shall be coordinated with the Secretary of Defense and other relevant agencies.

(c)

Government Accountability Office report

Not later than 120 days after the date of the submission of the report required under subsection (b), the Comptroller General of the United States shall submit to the appropriate congressional committees a report that—

(1)

reviews and comments on the report required under subsection (b); and

(2)

provides recommendations regarding any additional necessary actions.

1008.

Review of security assistance for Yemen

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of State shall conduct a study and submit to Congress a report on United States security assistance to the Government of Yemen.

(b)

Contents

The report required under subsection (a) shall contain—

(1)

a description of the strategic objectives of the United States regarding the provision of security assistance and security cooperation programs to the Government of Yemen;

(2)

a threat assessment for Yemen;

(3)

biennial outlays for United States assistance to the Government of Yemen for the purposes of strategic planning, training, provision of equipment, and construction of facilities, including funding streams;

(4)

a description of vetting and end-user monitoring systems in place by both the Government of Yemen and the United States for defense articles and training provided by the United States, to include human rights vetting;

(5)

a description of actions that the Government of Yemen is taking to combat foreign terrorist organizations; and

(6)

recommendations, including required resources and actions to maximize the effectiveness United States security assistance to the Government of Yemen.

(c)

Coordination

The report required under subsection (a) shall be coordinated with the Secretary of Defense and other relevant agencies.

(d)

Government Accountability Office report

Not later than 120 days after the date of the submission of the report required under subsection (a), the Comptroller General of the United States shall submit to Congress a report that—

(1)

reviews and comments on such report; and

(2)

provides recommendations regarding any additional necessary actions.

1009.

Review of security assistance for the Government of Lebanon

(a)

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 shall submit to the appropriate congressional committees a report that includes the following:

(1)

A description of the strategic objectives of the United States regarding the provision of security assistance and security cooperation programs to the Government of Lebanon, including arms sales to the Government of Lebanon, and a strategy for achieving those objectives.

(2)

Biennial outlays for United States security assistance to the Government of Lebanon for the purposes of strategic planning, training, provision of equipment, and construction of facilities.

(3)

A breakdown of contributions and assistance provided by the United States, international organizations, and other countries and entities to the Government of Lebanon, including the Ministry of Defense, the Ministry of Interior, the Lebanese Armed Forces, the Internal Security Forces, the General Security Directorate, the General Directorate of State Security, Lebanese Military Intelligence, and other organizations or agencies.

(4)

A description of vetting and end-user monitoring systems in place by the Government of Lebanon, the United States, international organizations, and other countries and entities providing security assistance to the Government of Lebanon.

(5)

Metrics utilized by the United States Government for measuring whether United States security assistance and security cooperation programs have improved the capacity of the Government of Lebanon’s security forces to operate.

(b)

Classified annex

The report required under subsection (a) shall be in unclassified form to the maximum extent possible, and may include a classified annex where necessary.

1010.

Report on activities in Haiti

Not later than 180 days after the date of the enactment of this Act, the Director of United States Foreign Assistance, in conjunction with the Secretary of State, shall submit to the appropriate congressional committees a report on the following:

(1)

Hurricane emergency recovery

The status of activities in Haiti funded or authorized, in whole or in part, by the Department of State and the United States Agency for International Development (USAID) through assistance appropriated under the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009.

(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 are coordinated with the work of the Government of Haiti to provide a safe and prosperous democracy for its citizens, and a description of efforts being made to build the capacity of the Government of Haiti to assume management and implementation of such activities.

(3)

Coordination

A description of how United States assistance is coordinated—

(A)

among United States departments and agencies; and

(B)

with other donors to Haiti, including programs through the United Nations, the Inter-American Development Bank, and the Organization of American States.

(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.

XI

Miscellaneous Provisions

1101.

Assistance to support measures for the reunification of Cyprus

(a)

Assistance authorized

The President is authorized to provide assistance under this Act and the Foreign Assistance Act of 1961 to support measures aimed at the reunification of Cyprus.

(b)

Consultation

The President shall, to the maximum extent practicable, consult with the Government of the Republic of Cyprus with respect to the provision of assistance under subsection (a) in order to ensure the transparency of such assistance.

(c)

Report

The President shall transmit to the appropriate congressional committees a report on the implementation of this section for each of the fiscal years 2010 and 2011. The report shall include a description of the recipients of assistance under subsection (a), the objectives of the programs and activities for which the assistance is provided, and the role of United States-funded programs and activities in helping achieve the reunification of Cyprus.

(d)

Authorization of appropriations

Of the amounts authorized to be appropriated under this Act and the Foreign Assistance Act of 1961 for development, reconciliation, and cooperation between communities of foreign countries and related purposes, there is authorized to be appropriated to the President such sums as may be necessary for each of the fiscal years 2010 and 2011 to carry out this section.

1102.

Limitation on assistance to the Former Yugoslav Republic of Macedonia

(a)

Findings

Congress finds the following:

(1)

Greece has demonstrated an enormous good will gesture in agreeing that Macedonia may be included in the future name of the Former Yugoslav Republic of Macedonia (FYROM) as long as that term is combined with a geographic qualifier that makes it clear that there are no territorial ambitions on the part of the FYROM with regard to the historical boundaries of the Greek province of Macedonia.

(2)

The FYROM continues to utilize materials that violate provisions of the United Nations-brokered Interim Agreement between the FYROM and Greece regarding hostile activities or propaganda, and has failed to work with the United Nations and Greece to achieve the longstanding goals of the United States and the United Nations to find a mutually acceptable, new official name for the FYROM.

(b)

Sense of Congress

It is the sense of Congress that amounts authorized to be appropriated under this Act or the Foreign Assistance Act of 1961 for the FYROM should be conditioned on the FYROM’s willingness to engage in meaningful discussions with Greece in accordance with United Nations Security Council Resolution 817.

(c)

Limitation

None of the funds authorized to be appropriated under this Act or the Foreign Assistance Act of 1961 may be made available to the FYROM for programs and activities that directly or indirectly promote hostile activities or propaganda by state-controlled agencies of the FYROM or encourage acts by private entities likely to incite violence, hatred or hostility, including support for printing and publishing of textbooks, maps, and teaching aids that may include inaccurate information on the histories and geographies of Greece and FYROM.

(d)

Report

The President shall transmit to the appropriate congressional committees a report on the implementation of this section for each of the fiscal years 2010 and 2011. The report shall include a description of the recipients of assistance provided to the FYROM under this Act and the Foreign Assistance Act of 1961, the objectives of the programs and activities for which the assistance is provided, and the role of United States-funded programs and activities in helping achieve an agreement between Greece and the FYROM on an acceptable name for the FYROM.

1103.

Statement of policy regarding the Ecumenical Patriarchate

(a)

Findings

Congress finds the following:

(1)

The Ecumenical Patriarchate is the spiritual home of the world’s oldest and second largest Christian Church.

(2)

Within the 2,000 year old Sacred See of the Ecumenical Patriarchate, the New Testament was codified and the Nicene Creed was created.

(3)

Ecumenical Patriarch Bartholomew is one of the world’s preeminent spiritual leaders and peacemakers representing over 300 million Orthodox Christians worldwide.

(4)

The disappearance of the Sacred See would mean the end of a crucial link between the Christian and the Muslim world since the continuing presence of the Ecumenical Patriarchate in Turkey is a living testimony of religious co-existence since 1453.

(5)

The Ecumenical Patriarchate has a record of reaching out and working for peace and reconciliation amongst all faiths and has fostered dialogue among Christians, Jews, and Muslims.

(6)

The Ecumenical Patriarchate co-sponsored the Peace and Tolerance Conference in Istanbul which issued the Bosphorus Declaration that stated, A crime committed in the name of religion is a crime against religion..

(7)

The Ecumenical Patriarch Bartholomew stated in Brussels in 2004, The Ecumenical Patriarchate is a supranational ecclesiastical institution … which demonstrates religious tolerance as a beautiful reality. For we bear respect toward all of our humans, irrespective of their faith. Without any trace of fanaticism or discrimination on account of differences of religion, we coexist peacefully and in a spirit that honors each and every human being..

(8)

The Ecumenical Patriarch Bartholomew has called for the admission of Turkey into the European Union because, … it may provide a concrete example and a powerful symbol of mutually beneficial cooperation between the western and Islamic worlds and put an end to the talk of the clash of civilizations. This in turn would be a true strengthening of Europe and the European ideals that converge with the values of the pilgrims of the book spoken of by the current Prime Minister of Turkey..

(9)

In 1993 the European Union defined the membership criteria for accession to the European Union at the Copenhagen European Council, obligating candidate countries to have achieved certain levels of reform, including stability of institutions guaranteeing democracy, the rule of law, and human rights, and respect for and protection of minorities.

(10)

Under the terms of the draft European Union Constitution, current, and prospective member states should have the goal of eliminating discrimination based on sex, race, color, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age, or sexual orientation.

(11)

The Turkish Constitution secures religious rights for all Turkish citizens.

(12)

The Government of Turkey has failed to recognize the Ecumenical Patriarchate’s international status.

(13)

The Government of Turkey has limited to Turkish nationals the candidates available to the Holy Synod of the Greek Orthodox Church for selection as the Ecumenical Patriarchate and reneged on its agreement to reopen the Theological School at Halki, thus impeding training for the Orthodox clergy in Turkey.

(14)

The Government of Turkey has confiscated 75 percent of the Ecumenical Patriarchate properties and has placed a 42 percent retroactive tax on the Balukli Hospital of Istanbul which is operated by the Ecumenical Patriarchate.

(15)

The European Council has agreed to open accession negotiations with Turkey, conditional upon the continuation by Turkey of reform processes to increase protection and support for human rights and civil liberties.

(b)

Statement of policy

The United States calls on the Republic of Turkey to—

(1)

based on the goals set forth in the draft of the European Union Constitution, eliminate all forms of discrimination, particularly those based on race or religion, and immediately—

(A)

grant the Ecumenical Patriarchate appropriate international recognition and ecclesiastic succession;

(B)

grant the Ecumenical Patriarchate the right to train clergy of all nationalities, not just Turkish nationals; and

(C)

respect the human rights and property rights of the Ecumenical Patriarchate;

(2)

pledge to uphold and safeguard religious and human rights without compromise;

(3)

continue the achievement of processes and programs to modernize and democratize its society; and

(4)

respect international law and the basic tenets of human rights.

1104.

Freedom of the press

(a)

Short title

This section may be cited as the Daniel Pearl Freedom of the Press Act of 2009.

(b)

Inclusion of additional information relating to freedom of the press worldwide in annual country reports on human rights practices

The Foreign Assistance Act of 1961 is amended—

(1)

in section 116(d) (22 U.S.C. 2151n(d)), as amended by section 333(d) of this Act—

(A)

in paragraph (11), by striking and at the end;

(B)

in paragraph (12), by striking the period at the end and inserting ; and; and

(C)

by adding at the end the following new paragraph:

(13)

wherever applicable—

(A)

a description of the status of freedom of the press, including initiatives in favor of freedom of the press and efforts to improve or preserve, as appropriate, the independence of the media, together with an assessment of progress made as a result of those efforts;

(B)

an identification of countries in which there were violations of freedom of the press, including direct physical attacks, imprisonment, indirect sources of pressure, and censorship by governments, military, intelligence, or police forces, criminal groups, or armed extremist or rebel groups; and

(C)

in countries where there are particularly severe violations of freedom of the press—

(i)

whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press; and

(ii)

what steps the government of each such country has taken to preserve the safety and independence of the media, and to ensure the prosecution of those individuals who attack or murder journalists.

; and

(2)

in section 502B (22 U.S.C. 2304), by adding at the end the following new subsection:

(i)

The report required by subsection (b) shall include, wherever applicable—

(1)

a description of the status of freedom of the press, including initiatives in favor of freedom of the press and efforts to improve or preserve, as appropriate, the independence of the media, together with an assessment of progress made as a result of those efforts;

(2)

an identification of countries in which there were violations of freedom of the press, including direct physical attacks, imprisonment, indirect sources of pressure, and censorship by governments, military, intelligence, or police forces, criminal groups, or armed extremist or rebel groups; and

(3)

in countries where there are particularly severe violations of freedom of the press—

(A)

whether government authorities of each such country participate in, facilitate, or condone such violations of the freedom of the press; and

(B)

what steps the government of each such country has taken to preserve the safety and independence of the media, and to ensure the prosecution of those individuals who attack or murder journalists.

.

(c)

Freedom of the press grant program

(1)

In general

The Secretary of State shall administer a grant program with the aim of 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.

(2)

Amounts and time

Grants may be awarded to nonprofit and international organizations and may span multiple years, up to five years.

(3)

Purpose

Grant proposals should promote and broaden press freedoms by strengthening the independence of journalists and media organizations, promoting a legal framework for freedom of the press, or through providing regionally and culturally relevant training and professionalization of skills to meet international standards in both traditional and digital media.

(d)

Media organization defined

In this 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.

(e)

Authorization of appropriations

There is authorized to be appropriated such sums as may be necessary to carry out this section.

1105.

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—

(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;

(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; and

(3)

information on—

(A)

the extent to which the government of such country is working to prevent unfair business and investment practices; and

(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.

(b)

Additional provisions To be included

The information required under subsection (a) should, to the extent feasible, include—

(1)

with respect to paragraph (1) of such subsection—

(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;

(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; and

(C)

each such country’s access to the United States market;

(2)

with respect to paragraph (2) of such subsection—

(A)

any actions undertaken by the government of each foreign country that prevent United States citizens and businesses from receiving equitable treatment;

(B)

actions taken by private businesses and citizens of each such country against members of the United States business community and United States investors;

(C)

unfair decisions rendered by the legal systems of each such country that clearly benefit State and local corporations and industries; and

(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; and

(3)

with respect to paragraph (3) of such subsection, actions taken by the United States Government to—

(A)

promote the rule of law;

(B)

prevent discriminatory treatment of United States citizens and businesses engaged in business or investment activities in each foreign country;

(C)

allow United States goods to enter each such country without requiring a co-production agreement; and

(D)

protect United States intellectual property rights.

(c)

Consultation

In carrying out this section, the Director General of the Foreign Commercial Service shall consult with business leaders, union leaders, representatives of the judicial system of each foreign country described in subsection (a), and relevant nongovernmental organizations.

(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—

(1)

a significant deterioration in the business and investment climate in a foreign country, including discriminatory treatment of United States businesses; or

(2)

a significant constraint on the ability of the United States Government to assist United States businesses and investors in a foreign country, such as to the closure of a United States diplomatic or consular mission, that is not explained in the most recent Country Commercial Guide for such country.

(e)

Definitions

In this section:

(1)

Co-production agreement

The term co-production agreement means a United States Government or United States business working with a foreign government, foreign company, or an international organization to produce or manufacture an item.

(2)

Rule of law

The term rule of law means the extent to which laws of a foreign country are publicly promulgated, equally enforced, independently adjudicated, and are consistent with international norms and standards.

(3)

Unfair business and investment practices

The term unfair business and investment practices includes any of the following:

(A)

Unlawful actions under international law or the law of the foreign country taken by the government of such country or by 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.

(B)

Discriminatory treatment of United States businesses, whether wholly or partially owned.

(C)

Failure to protect intellectual property rights.

(D)

Requiring a co-production agreement in order for goods from the United States to enter a foreign country.

1106.

International Protecting Girls by Preventing Child Marriage

(a)

Sense of congress

It is the sense of Congress that—

(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;

(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; and

(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.

(b)

Strategy To prevent child marriage in developing countries

(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.

(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.

(3)

Elements

The strategy required by paragraph (1) shall—

(A)

focus on areas in developing countries with high prevalence of child marriage; and

(B)

encompass diplomatic initiatives 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.

(4)

Report

Not later than 180 days after the date of the enactment of this Act, the President shall transmit to Congress a report that includes—

(A)

the strategy required by paragraph (1);

(B)

an assessment, including data disaggregated by age and gender to the extent possible, of current United States-funded efforts to specifically assist girls in developing countries; and

(C)

examples of best practices or programs to prevent child marriage in developing countries that could be replicated.

(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—

(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; and

(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.

(d)

Department of State’s country reports on human rights practices

The Foreign Assistance Act of 1961 is amended—

(1)

in section 116 (22 U.S.C. 2151n), by adding at the end the following new subsection:

(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.

; and

(2)

in section 502B (22 U.S.C. 2304), as amended by section 1106(b)(2) of this Act, is further amended by adding at the end the following new subsection:

(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.

.

(e)

Definition

In this section, the term child marriage means the marriage of a girl or boy, not yet the minimum age for marriage stipulated in law in the country in which the girl or boy is a resident.

(f)

Authorization of appropriations

Of the amounts authorized to be appropriated pursuant to section 101 of this Act, 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.

1107.

Program to improve building construction and practices in Haiti

(a)

In general

The President, acting through the Administrator of the United States Agency for International Development, is authorized, under such terms and conditions as the President may determine, to carry out a program to improve the building construction codes and practices in Haiti.

(b)

Program description

The program shall be in the form of grants to, or contracts with, organizations to support the following activities:

(1)

Training

Training of appropriate professionals in Haiti from both the public and private sectors to enhance their understanding of building and housing codes and standards.

(2)

Other assistance

Offering other relevant assistance as needed, such as helping government officials draft pertinent legislation to implement building codes and practices that will help improve the resistance of buildings and housing in Haiti to hurricanes and other natural disasters.

1108.

Limitation on assistance to the Palestinian Authority

(a)

Amendment

Section 620K of the Foreign Assistance Act of 1961 (22 U.S.C. 2378b) is amended to read as follows:

620K.

Limitation on assistance to the Palestinian Authority

(a)

Limitation

Except as provided in subsection (e), assistance may be provided under this Act to the Palestinian Authority only during a period for which a certification described in subsection (b) is in effect.

(b)

Certification

A certification described in this subsection is a certification transmitted by the President to Congress that contains a determination of the President that—

(1)

no ministry, agency, or instrumentality of the Palestinian Authority is controlled by a foreign terrorist organization and no member of a foreign terrorist organization serves in a senior policy making position in a ministry, agency, or instrumentality of the Palestinian Authority;

(2)

the Palestinian Authority has—

(A)

publicly acknowledged Israel’s right to exist as a Jewish state; and

(B)

recommitted itself and is adhering to all previous agreements and understandings by the Palestine Liberation Organization and the Palestinian Authority with the Government of the United States, the Government of Israel, and the international community, including agreements and understandings pursuant to the Performance-Based Roadmap to a Permanent Two-State Solution to the Israeli-Palestinian Conflict (commonly referred to as the Roadmap); and

(3)

the Palestinian Authority has taken effective steps and made demonstrable progress toward—

(A)

completing the process of purging from its security services individuals with ties to terrorism;

(B)

dismantling all terrorist infrastructure, confiscating unauthorized weapons, arresting and bringing terrorists to justice, destroying unauthorized arms factories, thwarting and preempting terrorist attacks, and fully cooperating with Israel’s security services;

(C)

halting all anti-Israel incitement in Palestinian Authority-controlled electronic and print media and in schools, mosques, and other institutions it controls, and replacing these materials, including textbooks, with materials that promote tolerance, peace, and coexistence with Israel;

(D)

ensuring democracy, the rule of law, and an independent judiciary, and adopting other reforms such as ensuring transparent and accountable governance; and

(E)

ensuring the financial transparency and accountability of all government ministries and operations.

(c)

Recertifications

Not later than 90 days after the date on which the President transmits to Congress an initial certification under subsection (b), and every six months thereafter—

(1)

the President shall transmit to Congress a recertification that the requirements contained in subsection (b) are continuing to be met; or

(2)

if the President is unable to make such a recertification, the President shall transmit to Congress a report that contains the reasons therefor.

(d)

Congressional notification

Assistance made available under this Act to the Palestinian Authority may not be provided until 15 days after the date on which the President has provided notice thereof to the appropriate congressional committees in accordance with the procedures applicable to reprogramming notifications under section 634A(a) of this Act.

(e)

Exception

(1)

Assistance to support the middle east peace process

Subsection (a) shall not apply with respect to assistance to the Office of the President of the Palestinian Authority for non-security expenses directly related to facilitating a peaceful resolution of the Israeli-Palestinian conflict if the President transmits to Congress a certification that contains a determination of the President that—

(A)

such assistance is critical to facilitating a peaceful resolution of the Israeli-Palestinian conflict;

(B)

the President of the Palestinian Authority is not a member of or affiliated with a foreign terrorist organization and has rejected the use of terrorism to resolve the Israeli-Palestinian conflict;

(C)

such assistance will not be used to provide funds to any individual who is a member of or affiliated with a foreign terrorist organization or who has not rejected the use of terrorism to resolve the Israeli-Palestinian conflict; and

(D)

such assistance will not be retransferred to any other entity within or outside of the Palestinian Authority.

(2)

Additional requirements

Assistance described in paragraph (1) may be provided only if the President—

(A)

determines that the provision of such assistance is important to the national security interests of the United States; and

(B)

not less than 30 days prior to the obligation of amounts for the provision of such assistance—

(i)

consults with the appropriate congressional committees regarding the specific programs, projects, and activities to be carried out using such assistance; and

(ii)

submits to the appropriate congressional committees a written memorandum that contains the determination of the President under subparagraph (A).

(f)

Definitions

In this section:

(1)

Appropriate congressional committees

The term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Appropriations of the House of Representatives; and

(B)

the Committee on Foreign Relations and the Committee on Appropriations of the Senate.

(2)

Foreign terrorist organization

The term foreign terrorist organization means an organization designated as a foreign terrorist organization by the Secretary of State in accordance with section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).

(3)

Palestinian authority

The term Palestinian Authority means the interim Palestinian administrative organization that governs part of the West Bank and all of the Gaza Strip (or any successor Palestinian governing entity), including the Palestinian Legislative Council.

.

(b)

Applicability to unexpended funds

Section 620K of the Foreign Assistance Act of 1961, as amended by subsection (a), applies with respect to unexpended funds obligated for assistance under the Foreign Assistance Act of 1961 to the Palestinian Authority before the date of the enactment of this Act.

(c)

Sense of Congress

It is the sense of Congress that the President should be guided by the principles and procedures described in section 620K of the Foreign Assistance Act of 1961, as amended by subsection (a), in providing direct assistance to the Palestinian Authority under any provision of law other than the Foreign Assistance Act of 1961.

1109.

Jordan civilian nuclear cooperation agreement

(a)

Findings

Congress finds the following:

(1)

For many decades, the United States and Jordan have maintained a strong and mutually supportive relationship on a range of regional and international issues, especially the creation of a moderate, prosperous, and stable Middle East. Jordan’s support for the Israeli-Palestinian peace process and its efforts to halt Iran’s nuclear weapons program have been especially useful.

(2)

The importance of the relationship between the United States and Jordan has increased in recent years with Jordan’s role as a vital United States ally in the effort to stabilize Iraq and our strengthened military and intelligence cooperation. Jordan has also demonstrated a long-standing commitment to combating terror financing and implementing effective export controls and customs enforcement mechanisms.

(3)

Jordan’s assistance to efforts by the United States and other countries to halt Iran’s nuclear weapons program, its safeguards agreement with the International Atomic Energy Agency, its adherence to the Additional Protocol to that safeguards agreement, and its agreement with the United States to construct a modern storage facility for Jordan’s nuclear waste monitored in strict accordance with IAEA guidelines, has demonstrated Jordan’s commitment to nuclear nonproliferation, including opposition to the enrichment and reprocessing of nuclear materials that could be diverted to military uses.

(4)

Given Jordan’s legitimate energy needs and its desire to benefit from its large deposits of uranium, as well as the potential for significant commercial opportunities for the United States nuclear sector, a nuclear cooperation agreement between the United States and Jordan would be of significant benefit to both countries.

(5)

Given Jordan’s long-established record as a reliable ally of the United States, its efforts to combat terrorism, and its commitment to promoting peace and stability with Israel and throughout the region, a nuclear cooperation agreement between it and the United States could serve as a model for similar agreements with other countries throughout the Middle East.

(b)

Statement of policy

It shall be the policy of the United States to—

(1)

establish an agreement on peaceful nuclear cooperation with Jordan pursuant to section 123 of the Atomic Energy Act of 1954; and

(2)

ensure that any United States-Jordan nuclear cooperation agreement is based on whether Jordan has—

(A)

developed and fully implemented an effective export control regime;

(B)

developed and fully implemented the necessary legislative and functional actions to effectively combat the logistical and financial networks that support terrorist organizations;

(C)

cooperated with the United States in identifying, preventing, disrupting, and prosecuting entities and individuals that assist Iran's procurement of nuclear goods, services, or technology and entities affiliated with the Iranian Revolutionary Guard Corps; and

(D)

permanently renounced the enrichment or reprocessing of nuclear materials and has undertaken all measures, including unrestricted inspection of its facilities by the International Atomic Energy Agency, that are necessary to ensure that no clandestine programs exist.

1110.

United States contributions to the International Trust Fund for Demining and Mine Victims Assistance

Of the amounts authorized to be appropriated for nonproliferation, anti-terrorism, demining and related programs and activities, there is authorized to be appropriated $12,000,000 for each of the fiscal years 2010 and 2011 for United States contributions to the International Trust Fund for Demining and Mine Victims Assistance for the removal of landmines, mine victim assistance programs, mine risk education programs, and conventional weapons destruction.

1111.

Transfer of liquidated assets of certain Enterprise Funds to legacy institutions

(a)

Transfer of liquidated assets

(1)

To legacy institutions

The President, acting through the Administrator of the United States Agency for International Development, shall instruct each Enterprise Fund described in subsection (b) to make available to the legacy institution of the Enterprise Fund not more than 50 percent of all assets from the liquidation, dissolution, or winding up of the Enterprise Fund.

(2)

To U.S. Treasury

Not less than 50 percent of all assets from the liquidation, dissolution, or winding up of the Enterprise Fund shall be transferred to the Treasury of the United States for purposes of payment on the public debt.

(b)

Enterprise Funds described

The Enterprise Funds described in this subsection are the following:

(1)

The U.S.-Russia Investment Fund and the Western Newly Independent States Enterprise Fund established pursuant to Section 498b(c) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295b(c)).

(2)

The Albanian-American Enterprise Fund, the Baltic-American Enterprise Fund, the Czech and Slovak-American Enterprise Fund (or Slovak-American Enterprise Fund), and the Romanian-American Enterprise Fund established pursuant to section 201 of the Support for East European Democracy (SEED) Act of 1989 (22 U.S.C. 5421).

(3)

The South African Enterprise Development Fund established pursuant to sections 496 and 635(b) of the Foreign Assistance Act of 1961.

(c)

Oversight of Legacy Institutions

Any legacy institution of an Enterprise Fund to which is transferred no more than 50 percent of all assets from the liquidation, dissolution, or winding up of the Enterprise Fund shall receive such assets only upon the approval of the Administrator of the United States Agency for International Development of appropriate and regular oversight procedures for the legacy institution, to include regular reports by the legacy institution regarding its programs and operations, expenditures for salary and travel costs, personnel appointment procedures and personnel benefits programs, and the value at the time of reporting of the assets held by the legacy institution.

(d)

Legacy Institution defined

For purposes of this section, the term legacy institution means a non-profit foundation established to carry out successor programs and activities in the country or countries for which an Enterprise Fund was established by the United States after that Enterprise Fund has agreed with the United States Agency for International Developments on the termination and winding up of its operations. The non-profit foundation shall have as its objectives the promotion of civil society, rule of law, democracy, transparency of governance, and economic reform in the country or countries for which the Enterprise Fund was established by the United States.

1112.

Sense of Congress on restrictions on religious freedom in Vietnam

(a)

Findings

Congress finds the following:

(1)

The Secretary of State, under the International Religious Freedom Act of 1998 (22 U.S.C. 6401 et seq.) and authority delegated by the President, designates nations found guilty of particularly severe violations of religious freedom as Countries of Particular Concern.

(2)

In November 2006, the Secretary of State announced that the Socialist Republic of Vietnam was no longer designated as a Country of Particular Concern.

(3)

The Unified Buddhist Church of Vietnam (UBCV), the Hoa Hao Buddhists, and the Cao Dai groups continue to face unwarranted abuses because of their attempts to organize independently of the Government of Vietnam, including the detention and imprisonment of individual members of these religious communities.

(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.

(5)

At least 15 individuals are being detained in long term house arrest for reasons relating to their faith, including the most venerable Thich Quang Do and most of the leadership of the UBCV.

(6)

According to Human Rights Watch, In April 2008 Montagnard Christian Y Ben Hdok was beaten to death while in police custody in Dak Lak after other Montagards in his district tried to flee to Cambodia to seek political asylum..

(7)

According to the United States Commission on International Religious Freedom 2009 Annual Report, religious freedom advocates and human rights defenders Nguyen Van Dai, Le Thi Cong Nhan, and Fr. Thaddeus Nguyen Van Ly are in prison under Article 88 of the Criminal Code of Vietnam and Fr. Nguyen Van Loi is being held without official detention orders under house arrest.

(8)

In February 2009, as many as 11 Montagnard Protestants were detained for refusing to join the officially recognized Southern Evangelical Church of Vietnam, and 2 still remain in prison.

(9)

Since August 2008, the Government of Vietnam has arrested and sentenced at least eight individuals and beaten, tear-gassed, harassed, 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.

(b)

Sense of Congress

It is the sense of Congress that—

(1)

the Secretary of State should place Vietnam on the list of Countries of Particular Concern for particularly severe violations of religious freedom; and

(2)

the Government of Vietnam should lift restrictions on religious freedom and implement necessary legal and political reforms to protect religious freedom.

1113.

Sense of Congress on Holocaust-era property restitution and compensation

It is the sense of Congress that—

(1)

countries in Central and Eastern Europe which have not already done so—

(A)

should return looted and confiscated properties to their rightful owners or, where restitution is not possible, pay equitable compensation to the rightful owners, in accordance with principles of justice and in a manner that is expeditious, transparent, and fair; and

(B)

should enact and implement appropriate restitution and compensation laws to effectively facilitate private, communal, and religious property restitution in a manner that is expeditious, transparent and fair; and

(2)

the Secretary of State should urge all governments of countries whose domestic insurance companies have not done an adequate job of settling Holocaust-era insurance policies and disclosing the names of policy owners to enact and implement necessary laws to resolve these remaining matters.

XII

Israel

1201.

Foreign Military Financing for Israel

(a)

Sense of Congress

It is the sense of Congress that the United States should continue to support the August 2007 announcement that it would increase United States military assistance to Israel by $6 billion through incremental $150 million annual increases in Foreign Military Financing to Israel, starting at $2.55 billion in fiscal year 2009 and reaching $3.15 billion by 2013 through 2018.

(b)

Authorization of appropriations

There is authorized to be appropriated to the President for grant assistance to Israel under section 23 of the Arms Export Control Act (22 U.S.C. 2763; relating to the Foreign Military Financing Program) such sums as may be necessary for each of fiscal years 2010 and 2011.

1202.

Support to Israel for missile defense

(a)

Statement of policy

It shall be the policy of the United States to—

(1)

provide for deployment as soon as is technologically possible of effective missile defense systems capable of defending Israel and all member nations of the North Atlantic Treaty Organization against ballistic missile attack from Iran, Syria and other potential threats; and

(2)

fully resource and expand the ballistic missile defense system of the United States to fully integrate with the defenses of Israel to provide robust, layered protection against ballistic missile, and medium and short range projectile attack.

(b)

Authorization of assistance

Of the amounts authorized to be appropriated to carry out this Act, 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—

(1)

complete accelerated co-production of Arrow missiles and continued integration with the ballistic missile defense system of the United States;

(2)

system development of the Missile Defense Agency and Israel Missile Defense Organization joint 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; and

(3)

research, development, and test and evaluation of the Iron Dome short-range projectile defense system.

(c)

Report and strategy

(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 (b)(1).

(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.

(3)

Definition of appropriate congressional committees

In this subsection, the term appropriate congressional committees means—

(A)

the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives; and

(B)

the Committee on Foreign Relations and the Committee on Armed Services in the Senate.

1203.

United States-Israel civilian nuclear cooperation agreement

(a)

Findings

Congress finds the following:

(1)

The United States and Israel are robust democracies, with a deeply rooted alliance that is based on a shared commitment to freedom, the promotion of human rights and dignity, and the determination to secure a just and lasting peace in the Middle East.

(2)

The cooperation between the United States and Israel on political, military, intelligence, and economic matters is among the strongest of all of United States allies.

(3)

Israel’s economic well-being and security require a guaranteed source of energy, which can be supplied through the use of peaceful nuclear power. Israel’s role as a key ally in the Middle East ensures that the United States will have a strong and continuing interest in enhancing that well-being and security.

(b)

Statement of policy

It shall be the policy of the United States to secure an agreement on peaceful nuclear cooperation with Israel pursuant to section 123 of the Atomic Energy Act of 1954.

1204.

United States support for Israel in the Organization for Economic Cooperation and Development

It shall be the policy of the United States to support and advocate for Israel’s accession to the OECD, including through coordination of efforts with other countries supportive of Israel’s membership in the OECD.

1205.

Recognition of Jerusalem as the capital of the state of Israel and relocation of the United States Embassy to Jerusalem

(a)

Sense of Congress

It is the sense of Congress that—

(1)

Jerusalem must remain an undivided city in which the rights of every ethnic and religious group are protected as they have been by Israel since 1967;

(2)

the President and the Secretary of State should publicly affirm as a matter of United States policy that Jerusalem must remain the undivided capital of the State of Israel;

(3)

the President should immediately implement the provisions of Jerusalem Embassy Act of 1995 (Public Law 104–45) and begin the process of relocating the United States Embassy in Israel to Jerusalem; and

(4)

United States officials should refrain from any actions that contradict United States law on this subject.

(b)

Removal of waiver authority

The Jerusalem Embassy Act of 1995 (Public Law 104–45) is amended—

(1)

by striking section 7; and

(2)

by redesignating section 8 as section 7.

(c)

Identification of Jerusalem on Government documents

Notwithstanding any other provision of law, any official document of the United States Government which lists countries and their capital cities shall identify Jerusalem as the capital of Israel.

(d)

Timetable

(1)

Statement of policy

It is the policy of the United States that the United States Embassy in Israel should be established in Jerusalem as soon as possible, and not later than January 1, 2012.

(2)

Opening determination

Not more than 50 percent of the funds appropriated to the Department of State for fiscal year 2012 for Acquisition and Maintenance of Buildings Abroad may be obligated until the Secretary of State determines and reports to Congress that the United States Embassy in Jerusalem has officially opened.

(e)

Fiscal years 2010 and 2011 funding

(1)

Fiscal year 2010

Of the funds authorized to be appropriated for Acquisition and Maintenance of Buildings Abroad for the Department of State for fiscal year 2010, such sums as may be necessary should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem.

(2)

Fiscal year 2011

Of the funds authorized to be appropriated for Acquisition and Maintenance of Buildings Abroad for the Department of State for fiscal year 2011, such sums as may be necessary should be made available until expended only for construction and other costs associated with the establishment of the United States Embassy in Israel in the capital of Jerusalem.

(f)

Definition

As used in this Act, the term United States Embassy means the offices of the United States diplomatic mission and the residence of the United States chief of mission.

XIII

Iran Refined Petroleum Sanctions

1301.

Short title

This title may be cited as the Iran Refined Petroleum Sanctions Act of 2009.

1302.

Amendments to the Iran Sanctions Act of 1996

(a)

Expansion of sanctions

Section 5(a) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended to read as follows:

(a)

Sanctions with respect to the development of petroleum resources of Iran and exportation of refined petroleum to Iran

(1)

Development of petroleum resources of Iran

(A)

Investment

Except as provided in subsection (f), the President shall impose 2 or more of the sanctions described in paragraphs (1) through (6) of section 6(a) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of this Act, made an investment of $20,000,000 or more (or any combination of investments of at least $5,000,000 each, which in the aggregate equals or exceeds $20,000,000 in any 12-month period), that directly and significantly contributed to the enhancement of Iran’s ability to develop petroleum resources of Iran.

(B)

Production of refined petroleum resources

Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) (in addition to any sanctions imposed under subparagraph (A)) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009, sold, leased, or provided to Iran any goods, services, technology, information, or support that would allow Iran to maintain or expand its domestic production of refined petroleum resources, including any assistance in refinery construction, modernization, or repair.

(2)

Exportation of refined petroleum resources to Iran

Except as provided in subsection (f), the President shall impose the sanctions described in section 6(b) if the President determines that a person has, with actual knowledge, on or after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009, provided Iran with refined petroleum resources or engaged in any activity that could contribute to the enhancement of Iran’s ability to import refined petroleum resources, including—

(A)

providing ships or shipping services to deliver refined petroleum resources to Iran;

(B)

underwriting or otherwise providing insurance or reinsurance for such activity; or

(C)

financing or brokering such activity.

.

(b)

Description of sanctions

Section 6 of such Act is amended—

(1)

by striking The sanctions to be imposed on a sanctioned person under section 5 are as follows: and inserting the following:

(a)

In general

The sanctions to be imposed on a sanctioned person under subsections (a)(1)(A) and (b) of section 5 are as follows:

; and

(2)

by adding at the end the following:

(b)

Additional sanctions

The sanctions to be imposed on a sanctioned person under paragraphs (1)(B) and (2) of section 5(a) are as follows:

(1)

Foreign exchange

The President shall, under such regulations as the President may prescribe, prohibit any transactions in foreign exchange by the sanctioned person.

(2)

Banking transactions

The President shall, under such regulations as the President may prescribe, prohibit any transfers of credit or payments between, by, through, or to any financial institution, to the extent that such transfers or payments involve any interest of the sanctioned person.

(3)

Property transactions

The President shall, under such regulations as the President may prescribe, prohibit any acquisition, holding, withholding, use, transfer, withdrawal, transportation, importation, or exportation of, dealing in, or exercising any right, power, or privilege with respect to, or transactions involving, any property in which the sanctioned person has any interest by any person, or with respect to any property, subject to the jurisdiction of the United States.

.

(c)

Presidential waiver

Section 9(c)(2) of such Act is amended by amending subparagraph (C) to read as follows:

(C)

an estimate of the significance of the provision of the items described in paragraph (1) or (2) of section 5(a) or section 5(b) to Iran’s ability to develop its petroleum resources, to maintain or expand its domestic production of refined petroleum resources, to import refined petroleum resources, or to develop its weapons of mass destruction or other military capabilities (as the case may be); and

.

(d)

Strengthening of waiver authority and sanctions implementation

(1)

Investigations

Section 4(f) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—

(A)

in paragraph (1)—

(i)

by striking should initiate and inserting shall immediately initiate;

(ii)

by inserting or 5(b) after section 5(a); and

(iii)

by striking as described in such section and inserting as described in section 5(a)(1) or other activity described in section 5(a)(2) or 5(b) (as the case may be);

(B)

in paragraph (2), by striking , pursuant to section 5(a), if a person has engaged in investment activity in Iran as described in such section and inserting , pursuant to section 5(a) or (b) (as the case may be), if a person has engaged in investment activity in Iran as described in section 5(a)(1) or other activity described in section 5(a)(2) or 5(b) (as the case may be); and

(C)

by adding at the end the following new paragraph:

(3)

Definition of credible information

For the purposes of this subsection, the term credible information means public or classified information or reporting supported by other substantiating evidence.

.

(2)

Exception for Proliferation Security Initiative

Section 5(f) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended—

(A)

in paragraph (6), by striking or at the end;

(B)

in paragraph (7), by striking the period at the end and inserting ; or; and

(C)

by adding at the end the following new paragraph:

(8)

if the President determines in writing that the person to which the sanctions would otherwise be applied is—

(A)

a citizen or resident of a country that is a participant in the Proliferation Security Initiative; or

(B)

a foreign person that is organized under the laws of a country described in subparagraph (A) and is a subsidiary of a United States person.

.

(3)

General Waiver Authority

Section 9(c)(1) of the Iran Sanctions Act of 1996 (50 U.S.C. 1701 note) is amended by striking important to the national interest of the United States and inserting vital to the national security interest of the United States.

(4)

Rule of Construction

The amendments made by this subsection shall not be construed to affect any exercise of the authority of section 4(f) or section 9(c) of the Iran Sanctions Act of 1996 as in effect on the day before the date of the enactment of this Act.

(e)

Reports on United States efforts To curtail certain business transactions relating to Iran

Section 10 of such Act is amended by adding at the end the following:

(d)

Reports on certain business transactions relating to Iran

(1)

In general

Not later than 90 days after the date of the enactment of the Iran Refined Petroleum Sanctions Act of 2009, and every 6 months thereafter, the President shall submit a report to the appropriate congressional committees regarding any person who has—

(A)

provided Iran with refined petroleum resources;

(B)

sold, leased, or provided to Iran any goods, services, or technology that would allow Iran to maintain or expand its domestic production of refined petroleum resources; or

(C)

engaged in any activity that could contribute to the enhancement of Iran’s ability to import refined petroleum resources.

(2)

Description

For each activity set forth in subparagraphs (A) through (C) of paragraph (1), the President shall provide a complete and detailed description of such activity, including—

(A)

the date or dates of such activity;

(B)

the name of any persons who participated or invested in or facilitated such activity;

(C)

the United States domiciliary of the persons referred to in subparagraph (B);

(D)

any Federal Government contracts to which the persons referred to in subparagraph (B) are parties; and

(E)

the steps taken by the United States to respond to such activity.

(3)

Form of reports; publication

The reports required under this subsection shall be—

(A)

submitted in unclassified form, but may contain a classified annex; and

(B)

published in the Federal Register.

.

(f)

Clarification and expansion of definitions

Section 14 of such Act is amended—

(1)

in paragraph (13)(B)—

(A)

by inserting financial institution, insurer, underwriter, guarantor, any other business organization, including any foreign subsidiary, parent, or affiliate of such a business organization, after trust,; and

(B)

by inserting , such as an export credit agency before the semicolon at the end; and

(2)

by amending paragraph (14) to read as follows:

(14)

Petroleum resources

(A)

In general

The term petroleum resources includes petroleum, petroleum by-products, oil or liquefied natural gas, oil or liquefied natural gas tankers, and products used to construct or maintain pipelines used to transport oil or compressed or liquefied natural gas.

(B)

Petroleum by-products

The term petroleum by-products means gasoline, kerosene, distillates, propane or butane gas, diesel fuel, residual fuel oil, and other goods classified in headings 2709 and 2710 of the Harmonized Tariff Schedule of the United States.

.

(g)

Conforming amendments

(1)

Multilateral regime

Section 4 of such Act is amended—

(A)

in subsection (b)(2), by striking (in addition to that provided in subsection (d)); and

(B)

by striking subsection (d) and redesignating subsections (e) and (f) as subsections (d) and (e), respectively.

(2)

Impositions of sanctions

Section 5(b) of such Act is amended by striking section 6 and inserting section 6(a).

XIV

Limitation on Nuclear Cooperation with the United Arab Emirates

1401.

Short title

This title may be cited as the Limitation on Nuclear Cooperation with the United Arab Emirates Act of 2009.

1402.

Definitions

In this title:

(1)

Government of the United Arab Emirates

(A)

In general

The term Government of the United Arab Emirates includes the government of any subdivision of the United Arab Emirates, and any agency or instrumentality of the Government of the United Arab Emirates.

(B)

Agency or instrumentality

For purposes of subparagraph (A), the term agency or instrumentality of the Government of the United Arab Emirates means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to a foreign state deemed to be a reference to the United Arab Emirates.

(2)

Government of Iran

(A)

In general

The term Government of Iran includes the government of any subdivision of Iran, and any agency or instrumentality of the Government of Iran.

(B)

Agency or instrumentality

For purposes of subparagraph (A), the term agency or instrumentality of the Government of Iran means an agency or instrumentality of a foreign state as defined in section 1603(b) of title 28, United States Code, with each reference in such section to a foreign state deemed to be a reference to Iran.

(3)

National of the United Arab Emirates

The term national of the United Arab Emirates means—

(A)

any citizen of the United Arab Emirates; or

(B)

any other legal entity that is organized under the laws of the United Arab Emirates.

(4)

National of Iran

The term national of Iran means—

(A)

any citizen of Iran; or

(B)

any other legal entity that is organized under the laws of Iran.

1403.

Restriction on nuclear cooperation with the United Arab Emirates

(a)

Restriction on nuclear cooperation agreement

Notwithstanding any other provision of law or any international agreement, no agreement for cooperation between the United States of America and the United Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) may enter into force on or after the date of the enactment of this Act unless not less than 30 legislative days prior to such entry into force the President certifies to the appropriate congressional committees that the requirements of subsection (c) have been met.

(b)

Restriction on exports of nuclear material, equipment, or technology

No license may be issued for the export of nuclear material, equipment, or technology to the United Arab Emirates pursuant to an agreement for cooperation between the United States of America and the United Arab Emirates pursuant to section 123 of the Atomic Energy Act of 1954 (42 U.S.C. 2153) for any fiscal year beginning after the date of the enactment of this Act unless not less than 30 legislative days prior to the issuance of such license the President certifies to the appropriate congressional committees for such fiscal year that the requirements of subsection (c) have been met.

(c)

Requirements

The requirements referred to in this subsection are the following:

(1)

The Government of the United Arab Emirates has taken, and is continuing to take, effective actions to prohibit, terminate, and prevent the transfer of goods, services, or technology to the Government of Iran, including fully implementing United Nations Security Council sanctions against Iran.

(2)

For the preceding 12-month period—

(A)

there has been no cooperation with respect to any activity described in paragraph (1) between the Government of the United Arab Emirates and the Government of Iran, any national of Iran, or any Iranian-controlled entity based on all credible information available to the United States at the time of the certification;

(B)
(i)

there has been no cooperation with respect to any activity described in paragraph (1) between any national of the United Arab Emirates and the Government of Iran, any national of Iran, or any Iranian-controlled entity based on all credible information available to the United States at the time of the certification; or

(ii)

the Government of the United Arab Emirates has—

(I)

terminated all cooperation between any such United Arab Emirates national and the Government of Iran, any such Iranian national, or any such Iranian-controlled entity;

(II)

instituted effective measures to prevent a reoccurrence of any such cooperation; and

(III)

prosecuted any such United Arab Emirates national; and

(C)

the Government of the United Arab Emirates has not engaged in or condoned activities that violate—

(i)

the Iran Sanctions Act of 1996, including Executive Orders 12957, 12959, 13059 and other executive orders issued pursuant to such Act;

(ii)

the Iran, North Korea, and Syria Nonproliferation Act; and

(iii)

other provisions of applicable United States law.

(3)

The Government of the United Arab Emirates—

(A)

has developed and fully implemented an export control regime in accordance with international standards;

(B)

has developed and implemented the appropriate or necessary legislative and functional actions to target the logistical and financial networks that support terrorist organizations; and

(C)

has cooperated with the United States in identifying, preventing, disrupting and, where appropriate, prosecuting entities and individuals that assist Iran’s procurement of goods, services, or technology, and entities affiliated with the Iranian Revolutionary Guard Corps.

(d)

Goods, services, or technology defined

(1)

In general

Except as provided in paragraph (2), in this section, the term goods, services, or technology means—

(A)

goods, services, or technology listed on—

(i)
(I)

the Nuclear Suppliers Group Guidelines for the Export of Nuclear Material, Equipment and Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 8/Part 1, and subsequent revisions) and Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Material, and Related Technology (published by the International Atomic Energy Agency as Information Circular INFCIRC/254/Rev. 7/Part 2, and subsequent revisions);

(II)

the Missile Technology Control Regime Equipment and Technology Annex of June 11, 1996, and subsequent revisions;

(III)

the lists of items and substances relating to biological and chemical weapons the export of which is controlled by the Australia Group;

(IV)

the Schedule One or Schedule Two list of toxic chemicals and precursors the export of which is controlled pursuant to the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction;

(V)

the Wassenaar Arrangement list of Dual Use Goods and Technologies and Munitions list of July 12, 1996, and subsequent revisions;

(VI)

the United States Munitions List under section 38 of the Arms Export Control Act (22 U.S.C. 2778) for which special export controls are warranted under such Act (22 U.S.C. 2751 et seq.); or

(VII)

the Commerce Control List maintained under part 774 of title 15, Code of Federal Regulations; or

(B)

goods, services, or technology not listed on any list identified in subparagraph (A) but which nevertheless would be, if they were United States goods, services, or technology, prohibited for export to Iran because of their potential to make a material contribution to the development of nuclear, biological, or chemical weapons, or of ballistic or cruise missile systems.

(2)

Exclusion

The term goods, services, or technology does not include goods, services, or technology that are directly related to the operation of the Bushehr nuclear power reactor.

XV

Holocaust Insurance Accountability

1601.

Short title

This title may be cited as the Holocaust Insurance Accountability Act of 2009.

1602.

Validity of State laws

(a)

Validity of laws creating cause of action

Any State law creating a cause of action against any insurer or related company based on a claim arising out of or related to a covered policy shall not be invalid or preempted by reason of any Executive agreement between the United States and any foreign country.

(b)

Validity of laws requiring disclosure of information

Any State law that is enacted on or after March 1, 1998, and that requires an insurer doing business in that State, including any related company, to disclose information regarding any covered policy shall be deemed to be in effect on the date of the enactment of such law and shall not be invalid or preempted by reason of any Executive agreement between the United States and any foreign country.

(c)

Waiver

The President may waive the application of subsection (a) or (b) with respect to any Executive agreement that is entered into between the United States and a foreign country on or after the date of the enactment of this Act and that involves covered policies if, not later than 30 legislative days before the signing of the Executive agreement—

(1)

the President determines that the Executive agreement is vital to the national security interests of the United States; and

(2)

the President provides to the appropriate congressional committees a report explaining the reasons for such determination.

(d)

Statements of interest

No funds may be used by the Department of State, or any other department or agency of the United States, for the purpose of issuing a statement of interest seeking to encourage a court in the United States to dismiss any claim brought to recover compensation arising out of or related to a covered policy.

(e)

Statute of limitations

No court may dismiss a claim that is brought under a State law described in subsection (a) or (b) within 10 years after the date of the enactment of this Act on the ground that the claim is barred under any statute of limitations.

1603.

Applicability

This title shall apply to any claim that is brought, before, on, or after the date of the enactment of this Act, under a State law described in subsection (a) or (b), including—

(1)

any claim dismissed, before the date of the enactment of this Act, on the ground of executive preemption; and

(2)

any claim that is deemed released as a result of the settlement of a class action that was entered into before the date of the enactment of this title, if the claimant did not receive any payment pursuant to the settlement.

1604.

Definitions

In this title:

(1)

Appropriate congressional committees

The term appropriate congressional committees means the Committee on Foreign Affairs in the House of Representatives, the Committee on Foreign Relations in the Senate, and the Committees on the Judiciary of the House of Representatives and the Senate.

(2)

Covered policy

(A)

In general

The term covered policy means any life, dowry, education, property, or other insurance policy that—

(i)

was in effect at any time after January 30, 1933, and before December 31, 1945; and

(ii)

was issued to a policyholder domiciled in any area that was occupied or controlled by Nazi Germany.

(B)

Nazi Germany

In this paragraph, the term Nazi Germany means—

(i)

the Nazi government of Germany; and

(ii)

any government in any area occupied by the military forces of the Nazi government of Germany.

(3)

Insurer

The term insurer means any person engaged in the business of insurance (including reinsurance) in interstate or foreign commerce, if the person issued a covered policy, or a successor in interest to such person.

(4)

Legislative days

The term legislative days means those days on which both Houses of Congress are in session.

(5)

Related company

The term related company means an affiliate, as that term is defined in section 104(g) of the Gramm-Leach-Bliley Act (15 U.S.C. 6701(g)).

XVI

Belarus Arms Transfers Accountability

1701.

Short title

This title may be cited as the Belarus Arms Transfers Accountability Act of 2009.

1702.

Sense of Congress

It is the sense of Congress that—

(1)

the Secretary of State should take into consideration the continuing reports of arms sales by Belarus to state sponsors of terrorism and states that do not fully cooperate with the United States in its anti-terrorism efforts, as well as any information gathered in the process of drafting the report to the appropriate congressional committees required under this title, and carefully consider whether the imposition of existing terrorism and nonproliferation sanctions would be appropriate to deter any such arms sales by Belarus; and

(2)

any use by Iran of civilian nuclear cooperation agreements with other countries as a means to proliferate weapons technology and expertise to countries such as Venezuela, either directly or by means of arrangements with Belarus or other countries would not be in the interest of the United States.

1703.

Report

(a)

In general

Not later than 90 days after the date of the enactment of this Act, and on annual basis thereafter, the Secretary of State shall transmit to the appropriate congressional committees a report that describes, with respect to the preceding 12-month period, the following:

(1)

The scale and modalities of exports of weapons and related services by the Government of Belarus and Belarusian enterprises, including revenues flows, and the potential role of the government and enterprise of the Russian Federation in such exports and revenues.

(2)

The status of the stockpiles of weapons inherited by Belarus from the former Soviet regime, including a determination as to the role such stockpiles may continue to play in the export of weapons by Belarus, and an assessment of the capability of Belarusian enterprises to manufacture conventional and advanced weaponry and provide services for such sales.

(3)

A determination as to whether civilian nuclear cooperation agreements and activities involving Iran, Belarus, or Venezuela are being used as a means to proliferate nuclear arms technology and expertise.

(4)

The sale or delivery of weapons or weapons-related technologies from Belarus to any country that is designated as a state sponsor of terrorism or not fully cooperating with United States antiterrorism efforts for purposes of section 40A of the Arms Export Control Act, including Venezuela.

(b)

Form

The report shall be in an unclassified form but may include a classified annex.

1704.

State sponsor of terrorism defined

In this title, the term state sponsor of terrorism means a country the government of which the Secretary of State has determined, for purposes of section 6(j) of the Export Administration Act of 1979, section 620A of the Foreign Assistance Act of 1961, section 40 of the Arms Export Control Act, or any other provision of law, to be a government that has repeatedly provided support for acts of international terrorism.

XVII

Asia-Pacific Economic Cooperation Forum Engagement

1801.

Asia-Pacific Economic Cooperation

(a)

Sense of Congress

It is the sense of Congress that—

(1)

the United States continued engagement in Asia must be a cornerstone of United States foreign policy in the 21st Century;

(2)

the President must elevate the role of the United States in the Asia-Pacific Economic Cooperation forum (APEC) by ensuring that United States Government officials of the appropriate rank attend APEC activities; and

(3)

increased participation by United States small businesses, particularly manufacturers, will add substantial benefit to APEC discussions and help strengthen the influence of the United States within APEC.

(b)

Small business defined

In this section, the term small business shall have the meaning given the term small business concern in section 410(9) of the Small Business Investment Act of 1958 (15 U.S.C. 694a(9)).

(c)

United States participation at APEC

(1)

Designation of APEC coordinators

The President shall designate in appropriate departments and agencies an existing official compensated at a rate of basic pay not less than the minimum rate of basic pay payable to a member of the Senior Executive Service to serve as each such department’s or agency’s APEC Coordinator.

(2)

Duties of APEC coordinators

(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.

(B)

Report

Each APEC Coordinator shall annually submit to the appropriate congressional committees a report on efforts to enhance each department’s and agency’s participation at APEC.

(d)

Enhancing small business participation at APEC

(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 designated officer is authorized to be compensated at a rate of basic pay not less than the minimum rate of basic pay payable to an individual at GS–14 of the General Schedule or FS–02 of the Foreign Service Schedule.

(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.

(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.

(4)

Renaming

The Office of Economic Policy within the Bureau of East Asian and Pacific Affairs of the Department of State shall be referred to as the Office of APEC Affairs. Any reference in a law, map, regulation, document, paper, or other record of the United States to the Office of Economic Policy shall be deemed to be a reference to the Office of APEC Affairs.

(e)

Report on hosting of APEC 2011 in the United States

Not later than 60 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.